In the House of Representatives, U. S.,

October 5, 1994.

Resolved, That the bill from the Senate (S. 1614) entitled ‘‘An Act 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’’, do pass with the following

AMENDMENT:

Strike out all after the resolving clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

5 Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Sense of Congress.

TITLE I—AMENDMENTS TO NATIONAL SCHOOL LUNCH ACT

Sec. 101. Purchase of fresh fruits and vegetables.

Sec. 102. Delivery of commodities.

Sec. 103. Requirement of minimum percentage of commodity assistance.

Sec. 104. Combined Federal and State commodity purchases.

Sec. 105. Technical assistance to ensure compliance with nutritional requirements.

Sec. 106. Nutritional and other program requirements.

Sec. 107. Nutritional requirements relating to provision of milk.

Sec. 108. Use of free and reduced price meal eligibility information.

Sec. 109. Automatic eligibility of Head Start participants.

Sec. 110. Use of nutrition education and training program resources.

Sec. 111. Special assistance for schools electing to serve all children free lunches

or breakfasts.

Sec. 112. Miscellaneous provisions and definitions.
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Sec. 113. Food and nutrition projects.

Sec. 114. Summer food service program for children.

Sec. 115. Commodity distribution program.

Sec. 116. Child and adult care food program.

Sec. 117. Homeless children nutrition program.

Sec. 118. Pilot projects.

Sec. 119. Reduction of paperwork.

Sec. 120. Food service management institute.

Sec. 121. Compliance and accountability.

Sec. 122. Duties of the Secretary of Agriculture relating to nonprocurement debarment under certain child nutrition programs.

Sec. 123. Information clearinghouse.

Sec. 124. Guidance and grants for accommodating special dietary needs of children with disabilities.

Sec. 125. Study of adulteration of juice products sold to school meal programs.

TITLE II—AMENDMENTS TO CHILD NUTRITION ACT OF 1966

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—MISCELLANEOUS PROVISIONS

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

into comprehensive meal program.

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

Sec. 303. Amendment to Commodity Distribution Reform Act and WIC Amendments of 1987.

Sec. 304. Study of the effect of combining federally donated and federally inspected meat or poultry.

TITLE IV—EFFECTIVE DATE

Sec. 401. Effective date.

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) undernutrition can permanently retard phys4 ical growth, brain development, and cognitive func5 tioning of children;

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

7 and educational needs go unmet, the greater the likeli8 hood of cognitive impairment;
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1 (3) low-income children who attend school hun2 gry score significantly lower on standardized tests

3 than non-hungry low-income children; and

4 (4) supplemental nutrition programs under the

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

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

7 et seq.) can help to offset threats posed to a child’s ca8 pacity to learn and perform in school that result from

9 inadequate nutrient intake.

10 SEC. 3. SENSE OF CONGRESS.

11 It is the sense of Congress that—

12 (1) funds should be made available for child nu13 trition programs to remove barriers to the participa14 tion of needy children in the school lunch program,

15 school breakfast program, summer food service pro16 gram for children, and the child and adult care food

17 program under the National School Lunch Act (42

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

19 1966 (42 U.S.C. 1771 et seq.);

20 (2) the Secretary of Agriculture should take ac21 tions to further strengthen the efficiency of child nu22 trition programs by streamlining administrative re23 quirements to reduce the administrative burden on

24 participating schools and other meal providers; and
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1 (3) as a part of efforts to continue to serve nutri2 tious meals to youths in the United States and to

3 educate the general public regarding health and nu4 trition issues, the Secretary of Agriculture should take

5 actions to coordinate the nutrition education efforts of

6 all nutrition programs.

7 TITLE I—AMENDMENTS TO

8 NATIONAL SCHOOL LUNCH ACT

9 SEC. 101. PURCHASE OF FRESH FRUITS AND VEGETABLES.

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

11 U.S.C. 1755(a)) is amended—

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

13 school’’ and inserting ‘‘Except as provided in the next

14 2 sentences, any school’’; and

15 (2) by inserting after the second sentence the fol16 lowing new sentences: ‘‘Any school food authority

17 may refuse some or all of the fresh fruits and vegeta18 bles offered to the school food authority in any school

19 year and shall receive, in lieu of the offered fruits and

20 vegetables, other more desirable fresh fruits and vege21 tables that are at least equal in value to the fresh

22 fruits and vegetables refused by the school food au23 thority. The value of any fresh fruits and vegetables

24 refused by a school under the preceding sentence for

25 a school year shall not be used to determine the 20
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1 percent of the total value of agricultural commodities

2 and other foods tendered to the school food authority

3 in the school year under the second sentence.’’.

4 SEC. 102. DELIVERY OF COMMODITIES.

5 Subsection (b) of section 6 of the National School

6 Lunch Act (42 U.S.C. 1755(b)) is amended to read as

7 follows:

8 ‘‘(b) The Secretary shall deliver, to each State partici9 pating in the school lunch program under this Act, com10 modities valued at the total level of assistance authorized

11 under subsection (c) for each school year for the school lunch

12 program in the State, not later than September 30 of the

13 following school year.’’.

14 SEC. 103. REQUIREMENT OF MINIMUM PERCENTAGE OF

15 COMMODITY ASSISTANCE.

16 Section 6 of the National School Lunch Act (42 U.S.C.

17 1755) is amended by adding at the end the following new

18 subsection:

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

20 the Secretary shall ensure that not less than 12 percent of

21 the assistance provided under section 4, this section, and

22 section 11 shall be in the form of commodity assistance pro23 vided under this section, including cash in lieu of commod24 ities and administrative costs for procurement of commod25 ities under this section.
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1 ‘‘(2) If amounts available to carry out the require2 ments of the sections described in paragraph (1) are insuffi3 cient to meet the requirement contained in paragraph (1)

4 for a school year, the Secretary shall, to the extent nec5 essary, use the authority provided under section 14(a) to

6 meet the requirement for the school year.’’.

7 SEC. 104. COMBINED FEDERAL AND STATE COMMODITY

8 PURCHASES.

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

10 1756) is amended by adding at the end the following new

11 subsection:

12 ‘‘(d) Notwithstanding any other provision of law, the

13 Secretary may enter into an agreement with a State agen14 cy, acting on the request of a school food service authority,

15 under which funds payable to the State under section 4 or

16 11 may be used by the Secretary for the purpose of purchas17 ing commodities for use by the school food service authority

18 in meals served under the school lunch program under this

19 Act.’’.

20 SEC. 105. TECHNICAL ASSISTANCE TO ENSURE COMPLI21 ANCE WITH NUTRITIONAL REQUIREMENTS.

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

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

24 amended—

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

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

4 and training, including technical assistance and training

5 in the preparation of lower-fat versions of foods commonly

6 used in the school lunch program under this Act, to schools

7 participating in the school lunch program to assist the

8 schools in complying with the nutritional requirements pre9 scribed by the Secretary pursuant to subparagraph (A) and

10 in providing appropriate meals to children with medically

11 certified special dietary needs. The Secretary shall provide

12 additional technical assistance to schools that are having

13 difficulty maintaining compliance with the requirements.’’.

14 (b) SUMMER FOOD SERVICE PROGRAM FOR CHIL15 DREN.—Section 13(f) of such Act (42 U.S.C. 1761(f)) is

16 amended—

17 (1) by inserting after the first sentence the fol18 lowing new sentences: ‘‘The Secretary shall provide

19 technical assistance to service institutions and private

20 nonprofit organizations participating in the program

21 to assist the institutions and organizations in com22 plying with the nutritional requirements prescribed

23 by the Secretary pursuant to this subsection. The Sec24 retary shall provide additional technical assistance to

25 those service institutions and private nonprofit orga-
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1 nizations that are having difficulty maintaining com2 pliance with the requirements.’’; and

3 (2) in the fourth sentence (after the amendment

4 made by paragraph (1)), by striking ‘‘Such meals’’

5 and inserting ‘‘Meals described in the first sentence’’.

6 (c) CHILD AND ADULT CARE FOOD PROGRAM.—Sec7 tion 17(g)(1) of such Act (42 U.S.C. 1766(g)(1)) is

8 amended—

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

10 (2) by adding at the end the following new sub11 paragraph:

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

13 to those institutions participating in the program under

14 this section to assist the institutions and family or group

15 day care home sponsoring organizations in complying with

16 the nutritional requirements prescribed by the Secretary

17 pursuant to subparagraph (A). The Secretary shall provide

18 additional technical assistance to those institutions and

19 family or group day care home sponsoring organizations

20 that are having difficulty maintaining compliance with the

21 requirements.’’.

22 SEC. 106. NUTRITIONAL AND OTHER PROGRAM REQUIRE23 MENTS.

24 (a) MINIMUM NUTRITIONAL REQUIREMENTS BASED

25 ON WEEKLY AVERAGE OF NUTRIENT CONTENT OF SCHOOL
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1 LUNCHES.—Section 9(a)(1)(A) of the National School

2 Lunch Act (42 U.S.C. 1758(a)(1)(A)) (as amended by sec3 tion 105(a)) is further amended—

4 (1) by striking ‘‘; except that such minimum nu5 tritional requirements shall not’’ and inserting ‘‘, ex6 cept that the minimum nutritional requirements—

7 ‘‘(i) shall not’’;

8 (2) by striking the period at the end and insert9 ing ‘‘; and’’; and

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

11 clause:

12 ‘‘(ii) shall, at a minimum, be based on the

13 weekly average of the nutrient content of school

14 lunches.’’.

15 (b) DIETARY GUIDELINES FOR AMERICANS.—Section

16 9 of such Act (42 U.S.C. 1758) is amended by adding at

17 the end the following new subsection:

18 ‘‘(f)(1) Not later than the first day of the 1996–97

19 school year, the Secretary, State educational agencies,

20 schools, and school food service authorities shall, to the max21 imum extent practicable, inform students who participate

22 in the school lunch and school breakfast programs, and par23 ents and guardians of the students, of—

24 ‘‘(A) the nutritional content of the lunches and

25 breakfasts that are served under the programs; and
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1 ‘‘(B) the consistency of the lunches and break2 fasts with the guidelines contained in the most recent

3 ‘Dietary Guidelines for Americans’ that is published

4 under section 301 of the National Nutrition Monitor5 ing and Related Research Act of 1990 (7 U.S.C.

6 5341) (referred to in this subsection as the ‘Guide7 lines’), including the consistency of the lunches and

8 breakfasts with the guideline for fat content.

9 ‘‘(2)(A) Except as provided in subparagraph (B), not

10 later than the first day of the 1996–97 school year, schools

11 that are participating in the school lunch or school break12 fast program shall serve lunches and breakfasts under the

13 programs that are consistent with the Guidelines (as meas14 ured in accordance with subsection (a)(1)(A)(ii) and section

15 4(e)(i)).

16 ‘‘(B) State educational agencies may grant waivers

17 from the requirements of subparagraph (A) subject to cri18 teria established by the appropriate State educational agen19 cy. The waivers shall not permit schools to implement the

20 requirements later than July 1, 1998, or a later date deter21 mined by the Secretary.

22 ‘‘(C) To assist schools in meeting the requirements of

23 this paragraph, the Secretary—

24 ‘‘(i) shall—
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1 ‘‘(I) develop, and provide to schools, stand2 ardized recipes, menu cycles, and food product

3 specification and preparation techniques; and

4 ‘‘(II) provide to schools information regard5 ing nutrient standard menu planning, assisted

6 nutrient standard menu planning, and food7 based menu systems; and

8 ‘‘(ii) may provide to schools information regard9 ing other approaches, as determined by the Secretary.

10 ‘‘(D) Schools may use any of the approaches described

11 in subparagraph (C) to meet the requirements of this para12 graph. In the case of schools that elect to use food-based

13 menu systems to meet the requirements of this paragraph,

14 the Secretary may not require the schools to conduct or use

15 nutrient analysis.’’.

16 (c) PRODUCTION RECORDS.—Section 9 of such Act (42

17 U.S.C. 1758) (as amended by subsection (b)) is further

18 amended by adding at the end the following new subsection:

19 ‘‘(g) Not later than 1 year after the date of enactment

20 of this subsection, the Secretary shall provide a notification

21 to Congress that justifies the need for production records

22 required under section 210.10(b) of title 7, Code of Federal

23 Regulations, and describes how the Secretary has reduced

24 paperwork relating to the school lunch and school breakfast

25 programs.’’.
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1 SEC. 107. NUTRITIONAL REQUIREMENTS RELATING TO PRO2 VISION OF MILK.

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

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

5 ‘‘(2)(A) Lunches served by schools participating in the

6 school lunch program under this Act—

7 ‘‘(i) shall offer students fluid milk; and

8 ‘‘(ii) shall offer students a variety of fluid milk

9 consistent with prior year preferences unless the prior

10 year preference for any such variety of fluid milk is

11 less than 1 percent of the total milk consumed at the

12 school.

13 ‘‘(B)(i) The Secretary shall purchase in each calendar

14 year to carry out the school lunch program under this Act,

15 and the school breakfast program under section 4 of the

16 Child Nutrition Act of 1966 (42 U.S.C. 1773), lowfat cheese

17 on a bid basis in a quantity that is the milkfat equivalent

18 of the quantity of milkfat the Secretary estimates the Com19 modity Credit Corporation will purchase each calendar

20 year as a result of the elimination of the requirement that

21 schools offer students fluid whole milk and fluid unflavored

22 lowfat milk, based on data provided by the Director of Of23 fice of Management and Budget.

24 ‘‘(ii) Not later than 30 days after the Secretary pro25 vides an estimate required under clause (i), the Director

26 of the Congressional Budget Office shall provide to the ap-
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1 propriate committees of Congress a report on whether the

2 Director concurs with the estimate of the Secretary.

3 ‘‘(iii) The quantity of lowfat cheese that is purchased

4 under this subparagraph shall be in addition to the quan5 tity of cheese that is historically purchased by the Secretary

6 to carry out school feeding programs. The Secretary shall

7 take such actions as are necessary to ensure that purchases

8 under this subparagraph shall not displace commercial pur9 chases of cheese by schools.’’.

10 SEC. 108. USE OF FREE AND REDUCED PRICE MEAL ELIGI11 BILITY INFORMATION.

12 Section 9(b)(2)(C) of the National School Lunch Act

13 (42 U.S.C. 1758(b)(2)(C)) is amended by striking clause

14 (iii) and inserting the following new clauses:

15 ‘‘(iii) The use or disclosure of any information ob16 tained from an application for free or reduced price meals,

17 or from a State or local agency referred to in clause (ii),

18 shall be limited to—

19 ‘‘(I) a person directly connected with the admin20 istration or enforcement of this Act or the Child Nu21 trition Act of 1966 (42 U.S.C. 1771 et seq.), or a reg22 ulation issued pursuant to either Act;

23 ‘‘(II) a person directly connected with the ad24 ministration or enforcement of—

25 ‘‘(aa) a Federal education program;
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1 ‘‘(bb) a State health or education program

2 administered by the State or local educational

3 agency (other than a program carried out under

4 title XIX of the Social Security Act (42 U.S.C.

5 1396 et seq.)); or

6 ‘‘(cc) a Federal, State, or local means-tested

7 nutrition program with eligibility standards

8 comparable to the program under this section;

9 and

10 ‘‘(III)(aa) the Comptroller General of the United

11 States for audit and examination authorized by any

12 other provision of law; and

13 ‘‘(bb) notwithstanding any other provision of

14 law, a Federal, State, or local law enforcement official

15 for the purpose of investigating an alleged violation

16 of any program covered by paragraph (1) or this

17 paragraph.

18 ‘‘(iv) Information provided under clause (iii)(II) shall

19 be limited to the income eligibility status of the child for

20 whom application for free or reduced price meal benefits

21 was made or for whom eligibility information was provided

22 under clause (ii), unless the consent of the parent or guard23 ian of the child for whom application for benefits was made

24 is obtained.
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1 ‘‘(v) A person described in clause (iii) who publishes,

2 divulges, discloses, or makes known in any manner, or to

3 any extent not authorized by Federal law (including a regu4 lation), any information obtained under this subsection

5 shall be fined not more than $1,000 or imprisoned not more

6 than 1 year, or both.’’.

7 SEC. 109. AUTOMATIC ELIGIBILITY OF HEAD START PAR8 TICIPANTS.

9 (a) IN GENERAL.—Section 9(b)(6) of the National

10 School Lunch Act (42 U.S.C. 1758(b)(6)) is amended—

11 (1) in subparagraph (A)—

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

13 striking ‘‘a member of’’;

14 (B) in clause (i)—

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

16 ‘‘(i)’’; and

17 (ii) by striking ‘‘or’’ at the end;

18 (C) in clause (ii)—

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

20 ‘‘(ii)’’; and

21 (ii) by striking the period at the end

22 and inserting ‘‘; or’’; and

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

24 clause:
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1 ‘‘(iii) enrolled as a participant in a Head Start

2 program authorized under the Head Start Act (42

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

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

5 low-income criteria prescribed under section

6 645(a)(1)(A) of the Head Start Act (42 U.S.C.

7 9840(a)(1)(A)).’’; and

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

9 stamps or aid to families with dependent children’’

10 and inserting ‘‘food stamps or aid to families with

11 dependent children, or of enrollment or participation

12 in a Head Start program on the basis described in

13 subparagraph (A)(iii),’’.

14 (b) CHILD AND ADULT CARE FOOD PROGRAM.—Sec15 tion 17(c) of such Act (42 U.S.C. 1766(c)) is amended by

16 adding at the end the following new paragraph:

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

18 for benefits under this section without further application

19 or eligibility determination, if the child is enrolled as a par20 ticipant in a Head Start program authorized under the

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

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

23 meets the low-income criteria prescribed under section

24 645(a)(1)(A) of the Head Start Act (42 U.S.C.

25 9840(a)(1)(A)).’’.
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1 (c) EFFECTIVE DATE.—The amendments made by this

2 section shall become effective on September 25, 1995.

3 SEC. 110. USE OF NUTRITION EDUCATION AND TRAINING

4 PROGRAM RESOURCES.

5 Section 9 of the National School Lunch Act (42 U.S.C.

6 1758) (as amended by section 106(c)) is further amended

7 by adding at the end the following new subsection:

8 ‘‘(h) 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 may use resources provided through the nutrition

11 education and training program authorized under section

12 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) for

13 training aimed at improving the quality and acceptance

14 of school meals.’’.

15 SEC. 111. SPECIAL ASSISTANCE FOR SCHOOLS ELECTING

16 TO SERVE ALL CHILDREN FREE LUNCHES OR

17 BREAKFASTS.

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

19 U.S.C. 1759a(a)(1)) is amended—

20 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’;

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

22 case of’’ and inserting the following:

23 ‘‘(B) Except as provided in subparagraph (C), (D), or

24 (E), in the case of’’; and
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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),
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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
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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

8 period.

9 ‘‘(iii) If the Secretary determines after considering the

10 best available socioeconomic data that the income level of

11 families of children enrolled in a school has not remained

12 stable, the Secretary may require the submission of applica13 tions for free and reduced price lunches, or for free and re14 duced price lunches and breakfasts, in the first school year

15 of any 5-school-year period for which the school receives spe16 cial assistance payments under this paragraph, for the pur17 pose of calculating the special assistance payments.

18 ‘‘(iv) For the purpose of updating information and re19 imbursement levels, a school described in clause (i) that car20 ries out a school lunch or school breakfast program may

21 at any time require submission of applications for free and

22 reduced price lunches or for free and reduced price lunches

23 and breakfasts.

24 ‘‘(E)(i) In the case of any school that—
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1 ‘‘(I) elects to serve all children in the school free

2 lunches under the school lunch program during any

3 period of 4 successive school years, or in the case of

4 a school that serves both lunches and breakfasts, elects

5 to serve all children in the school free lunches and free

6 breakfasts under the school lunch program and the

7 school breakfast program during any period of 4 suc8 cessive school years; and

9 ‘‘(II) pays, from sources other than Federal

10 funds, for the costs of serving the lunches or breakfasts

11 that are in excess of the value of assistance received

12 under this Act and the Child Nutrition Act of 1966

13 (42 U.S.C. 1771 et seq.) with respect to the number

14 of lunches or breakfasts served during the period;

15 total Federal cash reimbursements and total commodity as16 sistance shall be provided to the State educational agency

17 with respect to the school at a level that is equal to the

18 total Federal cash reimbursements and total commodity as19 sistance received by the school in the last school year for

20 which the school accepted applications under the school

21 lunch or school breakfast program, adjusted annually for

22 inflation in accordance with paragraph (3)(B) and for

23 changes in enrollment, to carry out the school lunch or

24 school breakfast program.
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1 ‘‘(ii) A school described in clause (i) may reapply to

2 the State at the end of the 4-school-year period described

3 in clause (i), and at the end of each 4-school-year period

4 thereafter for which the school receives reimbursements and

5 assistance under this subparagraph, for the purpose of con6 tinuing to receive the reimbursements and assistance for a

7 subsequent 4-school-year period. The State may approve an

8 application under this clause if the State determines,

9 through available socioeconomic data approved by the Sec10 retary, that the income level of the population of the school

11 has remained consistent with the income level of the popu12 lation of the school in the last school year for which the

13 school accepted the applications described in clause (i).

14 ‘‘(iii) Not later than 1 year after the date of enactment

15 of this subparagraph, the Secretary shall evaluate the effects

16 of this subparagraph and notify the Committee on Edu17 cation and Labor of the House of Representatives and the

18 Committee on Agriculture, Nutrition, and Forestry of the

19 Senate of the results of the evaluation.’’.

20 SEC. 112. MISCELLANEOUS PROVISIONS AND DEFINITIONS.

21 (a) TECHNICAL AMENDMENT TO DEFINITION OF

22 SCHOOL.—

23 (1) IN GENERAL.—Section 12(d)(5) of the Na24 tional School Lunch Act (42 U.S.C. 1760(d)(5)) is

25 amended—
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1 (A) in the first sentence—

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

3 the end;

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

5 and inserting a period; and

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

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

8 clauses (A) and (B)’’.

9 (2) EFFECTIVE DATE.—The amendments made

10 by paragraph (1) shall become effective on October 1,

11 1995.

12 (b) REIMBURSEMENT FOR MEALS, SUPPLEMENTS, AND

13 MILK UNDER CERTAIN PROGRAMS CONTINGENT ON TIMELY

14 SUBMISSION OF CLAIMS AND FINAL PROGRAM OPERATIONS

15 REPORT.—Section 12 of such Act (42 U.S.C. 1760) is

16 amended by adding at the end the following new subsection:

17 ‘‘(j)(1) Except as provided in paragraph (2), the Sec18 retary may provide reimbursements for final claims for

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

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

21 homes, institutions, and service institutions only if—

22 ‘‘(A) the claims have been submitted to the State

23 agencies not later than 60 days after the last day of

24 the month for which the reimbursement is claimed;

25 and
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1 ‘‘(B) the final program operations report for the

2 month is submitted to the Secretary not later than 90

3 days after the last day of the month.

4 ‘‘(2) The Secretary may waive the requirements of

5 paragraph (1) at the discretion of the Secretary.’’.

6 (c) EXPEDITED RULEMAKING.—Section 12 of such Act

7 (42 U.S.C. 1760) (as amended by subsection (b)) is further

8 amended by adding at the end the following new subsection:

9 ‘‘(k)(1) Prior to the publication of final regulations

10 that implement changes that are intended to bring the meal

11 pattern requirements of the school lunch and breakfast pro12 grams into conformance with the guidelines contained in

13 the most recent ‘Dietary Guidelines for Americans’ that is

14 published under section 301 of the National Nutrition Mon15 itoring and Related Research Act of 1990 (7 U.S.C. 5341)

16 (referred to in this subsection as the ‘Guidelines’), the Sec17 retary shall issue proposed regulations permitting the use

18 of food-based menu systems.

19 ‘‘(2) Notwithstanding chapter 5 of title 5, United

20 States Code, not later than 45 days after the publication

21 of the proposed regulations permitting the use of food-based

22 menu systems, the Secretary shall publish notice in the Fed23 eral Register of, and hold, a public meeting with—

24 ‘‘(A) representatives of affected parties, such as

25 Federal, State, and local administrators, school food
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1 service administrators, other school food service per2 sonnel, parents, and teachers; and

3 ‘‘(B) organizations representing affected parties,

4 such as public interest antihunger organizations, doc5 tors specializing in pediatric nutrition, health and

6 consumer groups, commodity groups, food manufac7 turers and vendors, and nutritionists involved with

8 the implementation and operation of programs under

9 this Act and the Child Nutrition Act of 1966 (42

10 U.S.C. 1771 et seq.);

11 to discuss and obtain public comments on the proposed rule.

12 ‘‘(3) Not later than June 1, 1995, the Secretary shall

13 issue final regulations to conform the nutritional require14 ments of the school lunch and breakfast programs with the

15 Guidelines. The final regulations shall include—

16 ‘‘(A) rules permitting the use of food-based menu

17 systems; and

18 ‘‘(B) adjustments to the rule on nutrition objec19 tives for school meals published in the Federal Reg20 ister on June 10, 1994 (59 Fed. Reg. 30218).

21 ‘‘(4) No school food service authority shall be required

22 to implement final regulations issued pursuant to this sub23 section until the regulations have been final for at least 1

24 year.
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1 ‘‘(5) The final regulations shall reflect comments made

2 at each phase of the proposed rulemaking process, including

3 the public meeting required under paragraph (2).’’.

4 (d) AUTHORITY OF SECRETARY TO WAIVE STATUTORY

5 AND REGULATORY REQUIREMENTS.—Section 12 of the Na6 tional School Lunch Act (42 U.S.C. 1760) (as amended by

7 subsection (c)) is further amended by adding at the end the

8 following new subsection:

9 ‘‘(l)(1)(A) Except as provided in paragraph (4), the

10 Secretary may waive any requirement under this Act or

11 the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),

12 or any regulation issued under either such Act, for a State

13 or eligible service provider that requests a waiver if—

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

15 the requirement would facilitate the ability of the

16 State or eligible service provider to carry out the pur17 pose of the program;

18 ‘‘(ii) the State or eligible service provider has

19 provided notice and information to the public regard20 ing the proposed waiver; and

21 ‘‘(iii) the State or eligible service provider dem22 onstrates to the satisfaction of the Secretary that the

23 waiver will not increase the overall cost of the pro24 gram to the Federal Government, and, if the waiver
27

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1 does increase the overall cost to the Federal Govern2 ment, the cost will be paid from non-Federal funds.

3 ‘‘(B) The notice and information referred to in sub4 paragraph (A)(ii) shall be provided in the same manner

5 in which the State or eligible service provider customarily

6 provides similar notices and information to the public.

7 ‘‘(2)(A) To request a waiver under paragraph (1), a

8 State or eligible service provider (through the appropriate

9 administering State agency) shall submit an application

10 to the Secretary that—

11 ‘‘(i) identifies the statutory or regulatory re12 quirements that are requested to be waived;

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

14 describes actions, if any, that the State has under15 taken to remove State statutory or regulatory bar16 riers;

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

18 services under the program and the expected outcomes

19 if the waiver is granted;

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

21 to the efficient operation and administration of the

22 program;

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

24 achieved, such as fewer hours devoted to, or fewer
28

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1 number of personnel involved in, the administration

2 of the program;

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

4 waiver; and

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

6 service provider will use to monitor the progress in

7 implementing the waiver, including the process for

8 monitoring the cost implications of the waiver to the

9 Federal Government.

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

11 shall be developed by the State or eligible service provider

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

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

14 request contained in an application submitted under para15 graph (2) and shall either grant or deny the request. The

16 Secretary shall state in writing the reasons for granting

17 or denying the request.

18 ‘‘(B) If the Secretary grants a waiver request, the Sec19 retary shall state in writing the expected outcome of grant20 ing the waiver.

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

22 be disseminated by the State or eligible service provider

23 through normal means of communication.
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1 ‘‘(D)(i) Except as provided in clause (ii), a waiver

2 granted by the Secretary under this subsection shall be for

3 a period not to exceed 3 years.

4 ‘‘(ii) The Secretary may extend the period if the Sec5 retary determines that the waiver has been effective in ena6 bling the State or eligible service provider to carry out the

7 purposes of the program.

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

9 subsection of any requirement relating to—

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

11 ‘‘(B) Federal reimbursement rates;

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

13 meals;

14 ‘‘(D) offer versus serve provisions;

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

16 price meal;

17 ‘‘(F) maintenance of effort;

18 ‘‘(G) equitable participation of children in pri19 vate schools;

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

21 school food service authorities and service institutions

22 participating in a program under this Act and the

23 Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
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1 ‘‘(I) the disclosure of information relating to stu2 dents receiving free or reduced price meals and other

3 recipients of benefits;

4 ‘‘(J) prohibiting the operation of a profit pro5 ducing program;

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

7 ‘‘(L) the commodity distribution program under

8 section 14;

9 ‘‘(M) the special supplemental nutrition program

10 authorized under section 17 of the Child Nutrition

11 Act of 1966 (42 U.S.C. 1786); and

12 ‘‘(N) enforcement of any constitutional or statu13 tory right of an individual, including any right

14 under—

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

16 (42 U.S.C. 2000d et seq.);

17 ‘‘(ii) section 504 of the Rehabilitation Act of

18 1973 (29 U.S.C. 794);

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

20 of 1972 (20 U.S.C. 1681 et seq.);

21 ‘‘(iv) the Age Discrimination Act of 1975

22 (42 U.S.C. 6101 et seq.);

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

24 1990 (42 U.S.C. 12101 et seq.); and
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1 ‘‘(vi) the Individuals with Disabilities Edu2 cation Act (20 U.S.C. 1400 et seq.).

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

5 the Secretary has granted a waiver under this subsection

6 and shall terminate the waiver if the performance of the

7 State or service provider has been inadequate to justify a

8 continuation of the waiver. The Secretary shall terminate

9 the waiver if, after periodic review, the Secretary deter10 mines that the waiver has resulted in an increase in the

11 overall cost of the program to the Federal Government and

12 the increase has not been paid for in accordance with para13 graph (1)(A)(iii).

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

15 waiver under this subsection shall annually submit to the

16 State a report that—

17 ‘‘(I) describes the use of the waiver by the eligible

18 service provider; and

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

20 improved services to children served by the program

21 for which the waiver was requested.

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

23 a report that summarizes all reports received by the State

24 from eligible service providers.
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1 ‘‘(B) The Secretary shall annually submit to the Com2 mittee on Education and Labor of the House of Representa3 tives and the Committee on Agriculture, Nutrition, and

4 Forestry of the Senate, a report—

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

6 and eligible service providers;

7 ‘‘(ii) describing whether the waivers resulted in

8 improved services to children;

9 ‘‘(iii) describing the impact of the waivers on

10 providing nutritional meals to participants; and

11 ‘‘(iv) describing how the waivers reduced the

12 quantity of paperwork necessary to administer the

13 program.

14 ‘‘(7) As used in this subsection, the term ‘eligible serv15 ice provider’ means—

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

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

18 organization described in section 13; or

19 ‘‘(C) a family or group day care home sponsor20 ing organization described in section 17.’’.

21 SEC. 113. FOOD AND NUTRITION PROJECTS.

22 Section 12 of the National School Lunch Act (42

23 U.S.C. 1760) (as amended by section 112(d)) is further

24 amended by adding at the end the following new subsection:
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1 ‘‘(m)(1) The Secretary, acting through the Adminis2 trator of the Food and Nutrition Service or through the Ex3 tension Service, shall award on an annual basis grants to

4 a private nonprofit organization or educational institution

5 in each of 3 States to create, operate, and demonstrate food

6 and nutrition projects that are fully integrated with ele7 mentary school curricula.

8 ‘‘(2) Each organization or institution referred to in

9 paragraph (1) shall be selected by the Secretary and shall—

10 ‘‘(A) assist local schools and educators in offer11 ing food and nutrition education that integrates

12 math, science, and verbal skills in the elementary

13 grades;

14 ‘‘(B) assist local schools and educators in teach15 ing agricultural practices through practical applica16 tions, like gardening;

17 ‘‘(C) create community service learning opportu18 nities or educational programs;

19 ‘‘(D) be experienced in assisting in the creation

20 of curriculum-based models in elementary schools;

21 ‘‘(E) be sponsored by an organization or institu22 tion, or be an organization or institution, that pro23 vides information, or conducts other educational ef24 forts, concerning the success and productivity of

25 American agriculture and the importance of the free
34

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1 enterprise system to the quality of life in the United

2 States; and

3 ‘‘(F) be able to provide model curricula, exam4 ples, advice, and guidance to schools, community

5 groups, States, and local organizations regarding

6 means of carrying out similar projects.

7 ‘‘(3) Subject to the availability of appropriations to

8 carry out this subsection, the Secretary shall make grants

9 to each of the 3 private organizations or institutions selected

10 under this subsection in amounts of not less than $100,000,

11 nor more than $200,000, for each of fiscal years 1995

12 through 1998.

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

14 auditing procedures regarding the expenditure of funds

15 under this subsection.

16 ‘‘(5) There are authorized to be appropriated to carry

17 out this subsection such sums as are necessary for each of

18 fiscal years 1995 through 1998.’’.

19 SEC. 114. SUMMER FOOD SERVICE PROGRAM FOR CHIL20 DREN.

21 (a) PRIORITY REQUIREMENTS FOR DETERMINING

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

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

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1 graphs (A) through (F) and inserting the following new sub2 paragraphs:

3 ‘‘(A) Local schools.

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

5 nonprofit organizations eligible under paragraph (7)

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

8 ‘‘(C) New public institutions.

9 ‘‘(D) New private nonprofit organizations eligi10 ble under paragraph (7).’’.

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

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

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

15 amended by striking subparagraph (C).

16 (c) NON-SCHOOL SITES.—Section 13(c)(1) of such Act

17 (42 U.S.C. 1761(c)(1)) is amended by inserting before the

18 period at the end the following: ‘‘or that provide meal serv19 ice at non-school sites to children who are not in school for

20 a period during the months of October through April due

21 to a natural disaster, building repair, court order, or simi22 lar cause’’.

23 (d) REGISTERED FOOD SERVICE MANAGEMENT COM24 PANY REPORTS.—Section 13(l)(3) of such Act (42 U.S.C.

25 1761(l)(3)) is amended by striking ‘‘and their program
36

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1 record’’ and inserting ‘‘that have been seriously deficient

2 in their participation in the program and may maintain

3 a record of other registered food service management compa4 nies,’’.

5 (e) MANAGEMENT AND ADMINISTRATION PLAN.—Sec6 tion 13(n) of such Act (42 U.S.C. 1761(n)) is amended—

7 (1) by striking paragraphs (5), (6), (8), and

8 (10); and

9 (2) by redesignating paragraphs (7), (9), and

10 (11) as paragraphs (5), (6), and (7), respectively;

11 (3) by inserting ‘‘and’’ after the semicolon at the

12 end of paragraph (6) (as so redesignated); and

13 (4) by striking ‘‘; and (12)’’ and all that follows

14 through ‘‘reimbursement’’.

15 (f) ELIMINATION OF WARNING IN PRIVATE NONPROFIT

16 ORGANIZATION APPLICATION RELATING TO CRIMINAL PRO17 VISIONS AND RELATED MATTERS.—Section 13(q) of such

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

19 (1) by striking paragraph (2);

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

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

22 (3) in paragraph (3) (as so redesignated), by

23 striking ‘‘paragraphs (1) and (3)’’ and inserting

24 ‘‘paragraphs (1) and (2)’’.
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1 (g) EXTENSION OF PROGRAM.—Section 13(r) of such

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

3 inserting ‘‘1998’’.

4 (h) ALL-DAY ACTIVITIES.—The Secretary of Agri5 culture shall—

6 (1) not later than 180 days after the date of en7 actment of this Act, in consultation with the heads of

8 other Federal agencies, identify sources of Federal

9 funds that may be available from other Federal agen10 cies for service institutions under the summer food

11 service program for children established under section

12 13 of the National School Lunch Act (42 U.S.C. 1761)

13 to carry out all-day educational and recreational ac14 tivities for children at feeding sites under the pro15 gram; and

16 (2) notify through State agencies, as determined

17 appropriate by the Secretary, the service institutions

18 of the sources.

19 SEC. 115. COMMODITY DISTRIBUTION PROGRAM.

20 Section 14 of the National School Lunch Act (42

21 U.S.C. 1762a) is amended—

22 (1) in subsection (a), by striking ‘‘1994’’ and in23 serting ‘‘1998’’; and

24 (2) in subsection (b)—

25 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
38

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

2 paragraphs:

3 ‘‘(2) The Secretary shall maintain and continue to im4 prove the overall nutritional quality of entitlement com5 modities provided to schools to assist the schools in improv6 ing the nutritional content of meals.

7 ‘‘(3) The Secretary shall—

8 ‘‘(A) require that nutritional content informa9 tion labels be placed on packages or shipments of enti10 tlement commodities provided to the schools; or

11 ‘‘(B) otherwise provide nutritional content infor12 mation regarding the commodities provided to the

13 schools.’’.

14 SEC. 116. CHILD AND ADULT CARE FOOD PROGRAM.

15 (a) AUTOMATIC ELIGIBILITY OF CERTAIN EVEN START

16 PARTICIPANTS.—Section 17(c) of the National School

17 Lunch Act (42 U.S.C. 1766(c)) (as amended by section

18 109(b)) is further amended by adding at the end the follow19 ing new paragraph:

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

21 shall be considered automatically eligible for benefits under

22 this section without further application or eligibility deter23 mination if the child is enrolled as a participant in the

24 Even Start program under part B of chapter 1 of title I
39

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1 of the Elementary and Secondary Education Act of 1965

2 (20 U.S.C. 2741 et seq.).

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

4 to the provision of benefits under this section for the period

5 beginning September 1, 1995, and ending September 30,

6 1997.’’.

7 (b) REAPPLICATION FOR ASSISTANCE AT 3-YEAR IN8 TERVALS.—Section 17(d)(2)(A) of such Act (42 U.S.C.

9 1766(d)(2)(A)) is amended by striking ‘‘2-year intervals’’

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

11 (c) USE OF ADMINISTRATIVE FUNDS TO CONDUCT

12 OUTREACH AND RECRUITMENT TO UNLICENSED DAY CARE

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

14 1766(f)(3)(C)) is amended—

15 (1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and

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

17 clause:

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

19 by family or group day care home sponsoring organizations

20 to conduct outreach and recruitment to unlicensed family

21 or group day care homes so that the day care homes may

22 become licensed.’’.

23 (d) INFORMATION AND TRAINING CONCERNING CHILD

24 HEALTH AND DEVELOPMENT.—Section 17(k) of such Act
40

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1 (42 U.S.C. 1766(k)) is amended by adding at the end the

2 following new paragraph:

3 ‘‘(4) The Secretary shall instruct States to provide,

4 through sponsoring organizations, information and train5 ing concerning child health and development to family or

6 group day care homes participating in the program.’’.

7 (e) EXTENSION OF STATEWIDE DEMONSTRATION

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

9 is amended—

10 (1) in paragraph (1)(A), by striking ‘‘25 percent

11 of the children served by such organization’’ and in12 serting ‘‘25 percent of the children enrolled in the or13 ganization or 25 percent of the licensed capacity of

14 the organization for children, whichever is less,’’;

15 (2) in paragraph (4)(B), by striking ‘‘1992’’ and

16 inserting ‘‘1998’’; and

17 (3) in paragraph (5), by striking ‘‘1994’’ and in18 serting ‘‘1998’’.

19 (f) WIC INFORMATION.—Section 17 of such Act (42

20 U.S.C. 1766) is amended by adding at the end the following

21 new subsection:

22 ‘‘(q)(1) The Secretary shall provide State agencies with

23 basic information concerning the importance and benefits

24 of the special supplemental nutrition program for women,
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1 infants, and children authorized under section 17 of the

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

3 ‘‘(2) The State agency shall—

4 ‘‘(A) provide each child care institution partici5 pating in the program established under this section,

6 other than institutions providing day care outside

7 school hours for schoolchildren, with materials that

8 include—

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

10 importance of the special supplemental nutrition

11 program for women, infants, and children;

12 ‘‘(ii) the maximum income limits, accord13 ing to family size, applicable to children up to

14 age 5 in the State under the special supple15 mental nutrition program for women, infants,

16 and children; and

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

18 numbers of offices at which parents may apply;

19 ‘‘(B) annually provide the institutions with an

20 update of the information on income limits described

21 in subparagraph (A)(ii); and

22 ‘‘(C) ensure that, at least once a year, the insti23 tutions to which subparagraph (A) applies provide

24 written information to parents that includes—
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1 ‘‘(i) basic information on the benefits pro2 vided under the special supplemental nutrition

3 program for women, infants, and children;

4 ‘‘(ii) information on the maximum income

5 limits, according to family size, applicable to the

6 program; and

7 ‘‘(iii) information on where parents may

8 apply to participate in the program.’’.

9 SEC. 117. HOMELESS CHILDREN NUTRITION PROGRAM.

10 (a) HOMELESS CHILDREN NUTRITION PROGRAM.—

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

12 Act is amended by inserting after section 17A (42

13 U.S.C. 1766a) the following new section:

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

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

16 projects designed to provide food service throughout the year

17 to homeless children under the age of 6 in emergency shel18 ters.

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

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

21 into agreements with State, city, local, or county gov22 ernments, other public entities, or private nonprofit

23 organizations to participate in the projects conducted

24 under this section.
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1 ‘‘(2) ELIGIBILITY REQUIREMENTS.—The Sec2 retary shall establish eligibility requirements for the

3 entities described in paragraph (1) that desire to par4 ticipate in the projects conducted under this section.

5 The requirements shall include the following:

6 ‘‘(A) Each private nonprofit organization

7 shall operate not more than 5 food service sites

8 under the project and shall serve not more than

9 300 homeless children at each such site.

10 ‘‘(B) Each site operated by each such orga11 nization shall meet applicable State and local

12 health, safety, and sanitation standards.

13 ‘‘(c) PROJECT REQUIREMENTS.—

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

15 this section shall—

16 ‘‘(A) use the same meal patterns and receive

17 reimbursement payments for meals and supple18 ments at the same rates provided to child care

19 centers participating in the child care food pro20 gram under section 17 for free meals and supple21 ments; 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 any such project.
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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 application.

8 ‘‘(d) FUNDING PRIORITIES.—From the amount de9 scribed in subsection (g), the Secretary shall provide fund10 ing for projects carried out under this section for a particu11 lar fiscal year (referred to in this subsection as the ‘current

12 fiscal year’) in the following order of priority, to the maxi13 mum extent practicable:

14 ‘‘(1) The Secretary shall first provide the fund15 ing to entities and organizations, each of which—

16 ‘‘(A) received funding under this section or

17 section 18(c) (as in effect on the day before the

18 date of enactment of this section) to carry out a

19 project for the preceding fiscal year; and

20 ‘‘(B) is eligible to receive funding under this

21 section to carry out the project for the current

22 fiscal year;

23 to enable the entity or organization to carry out the

24 project under this section for the current fiscal year
45

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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) PLAN TO ALLOW PARTICIPATION IN THE CHILD

19 AND ADULT CARE FOOD PROGRAM.—Not later than Sep20 tember 30, 1996, the Secretary shall submit to the Commit21 tee on Education and Labor of the House of Representatives

22 and the Committee on Agriculture, Nutrition, and Forestry

23 of the Senate a plan describing—

24 ‘‘(1) how emergency shelters and homeless chil25 dren who have not attained the age of 6 and who are
46

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1 served by the shelters under the program might par2 ticipate in the child and adult care food program au3 thorized under section 17 by September 30, 1998; and

4 ‘‘(2) the advantages and disadvantages of the ac5 tion described in paragraph (1).

6 ‘‘(g) FUNDING.—

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

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

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

10 1776(a)(5)(B)(i)(I)) and any amounts that are other11 wise made available for fiscal year 1995, out of any

12 moneys in the Treasury not otherwise appropriated,

13 the Secretary of the Treasury shall provide to the Sec14 retary to carry out this section $1,800,000 for fiscal

15 year 1995, $2,600,000 for fiscal year 1996,

16 $3,100,000 for fiscal year 1997, $3,400,000 for fiscal

17 year 1998, and $3,700,000 for fiscal year 1999 and

18 each succeeding fiscal year. The Secretary shall be en19 titled to receive the funds and shall accept the funds.

20 ‘‘(2) INSUFFICIENT NUMBER OF APPLICANTS.—

21 The Secretary may expend less than the amount de22 scribed in paragraph (1) for a fiscal year if there is

23 an insufficient number of suitable applicants to carry

24 out projects under this section for the fiscal year. Any

25 funds made available under this subsection to carry
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1 out the projects for a fiscal year that are not obligated

2 to carry out the projects in the fiscal year shall re3 main available until expended for purposes of carry4 ing out the projects.

5 ‘‘(h) DEFINITION OF EMERGENCY SHELTER.—As used

6 in this section, the term ‘emergency shelter’ has the meaning

7 provided the term in section 321(2) of the Stewart B.

8 McKinney Homeless Assistance Act (42 U.S.C. 11351(2)).’’.

9 (2) CONFORMING AMENDMENTS.—

10 (A) NATIONAL SCHOOL LUNCH ACT.—Sec11 tion 18 of the National School Lunch Act (42

12 U.S.C. 1769) is amended by striking subsection

13 (c).

14 (B) CHILD NUTRITION ACT OF 1966.—Sec15 tion 7(a)(5)(B)(i)(I) of the Child Nutrition Act

16 of 1966 (42 U.S.C. 1776(a)(5)(B)(i)(I)) is

17 amended—

18 (i) by striking ‘‘projects under section

19 18(c) of the National School Lunch Act (42

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

21 under section 17B of the National School

22 Lunch Act’’; and

23 (ii) by striking ‘‘each of fiscal years

24 1993 and 1994’’ each place it appears and
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1 inserting ‘‘fiscal year 1995 and each subse2 quent fiscal year’’.

3 (b) DEMONSTRATION PROGRAM FOR THE PREVENTION

4 OF BOARDER BABIES.—Section 18 of the National School

5 Lunch Act (42 U.S.C. 1769(c)) (as amended by subsection

6 (a)(2)(A)) is further amended by inserting after subsection

7 (b) the following new subsection:

8 ‘‘(c)(1) Using the funds provided under paragraph (7),

9 the Secretary shall conduct at least 1 demonstration project

10 through a participating entity during each of fiscal years

11 1995 through 1998 that is designed to provide food and nu12 trition services throughout the year to—

13 ‘‘(A) homeless pregnant women; and

14 ‘‘(B) homeless mothers or guardians of infants,

15 and the children of the mothers and guardians.

16 ‘‘(2) To be eligible to obtain funds under this sub17 section, a homeless shelter, a transitional housing organiza18 tion, or another entity that provides or will provide tem19 porary housing for individuals described in paragraph (1)

20 shall (in accordance with guidelines established by the Sec21 retary)—

22 ‘‘(A) submit to the Secretary a proposal to pro23 vide food and nutrition services, including a plan for

24 coordinating the services with services provided under

25 the special supplemental nutrition program for
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1 women, infants, and children authorized under sec2 tion 17 of the Child Nutrition Act of 1966 (42 U.S.C.

3 1786);

4 ‘‘(B) receive the approval of the Secretary for the

5 proposal;

6 ‘‘(C) be located in an urban area that has—

7 ‘‘(i) a significant population of boarder ba8 bies;

9 ‘‘(ii) a very high rate of mortality for chil10 dren under 1 year of age; or

11 ‘‘(iii) a significant population of homeless

12 pregnant women and homeless women with in13 fants;

14 as determined by the Secretary; and

15 ‘‘(D) be able to coordinate services provided

16 under this subsection with the services provided by the

17 local government and with other programs that may

18 assist the participants receiving services under this

19 subsection.

20 ‘‘(3) Food and nutrition services funded under this

21 subsection—

22 ‘‘(A) may include—

23 ‘‘(i) meals, supplements, and other food;

24 ‘‘(ii) nutrition education;

25 ‘‘(iii) nutrition assessments;
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1 ‘‘(iv) referrals to—

2 ‘‘(I) the special supplemental nutrition

3 program for women, infants, and children

4 authorized under section 17 of such Act (42

5 U.S.C. 1786);

6 ‘‘(II) the medical assistance program

7 established under title XIX of the Social Se8 curity Act (42 U.S.C. 1396 et seq.);

9 ‘‘(III) the food stamp program estab10 lished under section 4 of the Food Stamp

11 Act of 1977 (7 U.S.C. 2013); and

12 ‘‘(IV) other public or private programs

13 and services;

14 ‘‘(v) activities related to the services de15 scribed in any of clauses (i) through (iv); and

16 ‘‘(vi) administrative activities related to the

17 services described in any of clauses (i) through

18 (v); and

19 ‘‘(B) may not include the construction, purchase,

20 or rental of real property.

21 ‘‘(4)(A) A participating entity shall—

22 ‘‘(i) use the same meal patterns, and receive re23 imbursement payments for meals and supplements at

24 the same rates, as apply to child care centers partici-
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1 pating in the child care food program under section

2 17 for free meals and supplements;

3 ‘‘(ii) receive reimbursement payments for meals

4 and supplements served on Saturdays, Sundays, and

5 holidays, at the request of the entity; and

6 ‘‘(iii) maintain a policy of not providing serv7 ices or assistance to pregnant women, or homeless

8 women with infants, who use a controlled substance

9 (as defined in section 102 of the Controlled Sub10 stances Act (21 U.S.C. 802)).

11 ‘‘(B) The Secretary may modify the meal pattern re12 quirements to take into account the needs of infants, home13 less pregnant women, homeless mothers, guardians of in14 fants, or the children of the women, mothers, or guardians.

15 ‘‘(C) The Secretary shall provide funding to a partici16 pating entity for services described in paragraph (3) that

17 are provided to individuals described in paragraph (1).

18 ‘‘(5) The Secretary shall impose such auditing and rec19 ordkeeping requirements as are necessary to monitor the use

20 of Federal funds to carry out this subsection.

21 ‘‘(6) The Secretary shall notify the Committee on Edu22 cation and Labor, and the Committee on Agriculture, of

23 the House of Representatives and the Committee on Agri24 culture, Nutrition, and Forestry of the Senate on projects

25 carried out under this subsection.
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1 ‘‘(7)(A) Out of any moneys in the Treasury not other2 wise appropriated, the Secretary of the Treasury shall pro3 vide to the Secretary $400,000 for each of fiscal years 1995

4 through 1998 to carry out this subsection. The Secretary

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

6 funds.

7 ‘‘(B) Any funds provided under subparagraph (A) to

8 carry out projects under this subsection for a fiscal year

9 that are not obligated in the fiscal year shall be used by

10 the Secretary to carry out the homeless children nutrition

11 program established under section 17B.

12 ‘‘(8) As used in this subsection:

13 ‘‘(A) The term ‘boarder baby’ means an aban14 doned infant described in section 103(1) of the Aban15 doned Infants Assistance Act of 1988 (Public Law

16 100–505; 42 U.S.C. 670 note).

17 ‘‘(B) The term ‘nutrition education’ has the

18 meaning provided in section 17(b)(7) of the Child Nu19 trition Act of 1966 (42 U.S.C. 1786(b)(7)).’’.

20 SEC. 118. PILOT PROJECTS.

21 (a) COMMODITY LETTER OF CREDIT (CLOC) PRO22 GRAMS.—The first sentence of section 18(b)(1) of the Na23 tional School Lunch Act (42 U.S.C. 1769(b)(1)) is amended

24 by striking ‘‘, and ending September 30, 1994’’.
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1 (b) DEMONSTRATION PROGRAM TO PROVIDE MEALS

2 AND SUPPLEMENTS OUTSIDE OF SCHOOL HOURS.—Section

3 18 of such Act (42 U.S.C. 1769) is amended by adding at

4 the end the following new subsection:

5 ‘‘(e)(1)(A) The Secretary shall establish a demonstra6 tion program to provide grants to eligible institutions or

7 schools to provide meals or supplements to adolescents par8 ticipating in educational, recreational, or other programs

9 and activities provided outside of school hours.

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

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

12 supplements described in such subparagraph and shall be

13 determined in accordance with reimbursement payment

14 rates for meals and supplements under the child and adult

15 care food program under section 17.

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

17 paragraph (1) to an eligible institution or school unless the

18 institution or school submits to the Secretary an applica19 tion containing such information as the Secretary may rea20 sonably require.

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

22 paragraph (1) to an eligible institution or school unless the

23 institution or school agrees that the institution or school

24 will—
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1 ‘‘(A) use amounts from the grant to provide

2 meals or supplements under educational, recreational,

3 or other programs and activities for adolescents out4 side of school hours, and the programs and activities

5 are carried out in geographic areas in which there are

6 high rates of poverty, violence, or drug and alcohol

7 abuse among school-aged youths; and

8 ‘‘(B) use the same meal patterns as meal pat9 terns required under the child and adult care food

10 program under section 17.

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

12 and reduced price meals and supplements provided under

13 programs and activities under this subsection shall be made

14 in accordance with the income eligibility guidelines for free

15 and reduced price lunches under section 9.

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

17 Secretary shall expend to carry out this subsection, from

18 amounts appropriated for purposes of carrying out section

19 17, $325,000 for fiscal year 1995, $475,000 for each of fiscal

20 years 1996 and 1997, and $525,000 for fiscal year 1998.

21 In addition to amounts described in the preceding sentence,

22 the Secretary shall expend any additional amounts in any

23 fiscal year as may be provided in advance in appropria24 tions Acts.
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1 ‘‘(B) The Secretary may expend less than the amount

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

3 number of suitable applicants.

4 ‘‘(6) As used in this subsection:

5 ‘‘(A) The term ‘adolescent’ means a child who

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

7 age of 19.

8 ‘‘(B) The term ‘eligible institution or school’

9 means—

10 ‘‘(i) an institution, as the term is defined in

11 section 17; or

12 ‘‘(ii) an elementary or secondary school

13 participating in the school lunch program under

14 this Act.

15 ‘‘(C) The term ‘outside of school hours’ means

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

17 regular school year.’’.

18 (c) FORTIFIED FLUID MILK.—Section 18 of such Act

19 (42 U.S.C. 1769) (as amended by subsection (b)) is further

20 amended by adding at the end the following new subsection:

21 ‘‘(f)(1) Subject to the availability of appropriations to

22 carry out this subsection, the Secretary shall establish pilot

23 projects in at least 25 school districts under which the milk

24 offered by schools meets the fortification requirements of
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1 paragraph (3) for lowfat, skim, and other forms of fluid

2 milk.

3 ‘‘(2) The Secretary shall make available to school dis4 tricts information that compares the nutritional benefits of

5 fluid milk that meets the fortification requirements of para6 graph (3) and the nutritional benefits of other milk that

7 is made available through the school lunch program estab8 lished under this Act.

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

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

11 that—

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

13 beverage use shall contain not less than—

14 ‘‘(i) 3.25 percent milk fat; and

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

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

17 beverage use shall contain not less than 10 percent

18 milk solids not fat; and

19 ‘‘(C) all skim milk in final package form for bev20 erage use shall contain not less than 9 percent milk

21 solids not fat.

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

23 under this subsection, the Secretary shall take into account,

24 among other factors, the availability of fortified milk and
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1 the interest of the school district in being included in the

2 pilot project.

3 ‘‘(B) The Secretary shall establish the pilot projects in

4 as many geographic areas as practicable, except that none

5 of the projects shall be established in school districts that

6 use milk described in paragraph (3) or similar milk.

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

8 the first pilot project under this subsection, the Secretary

9 shall report to the Committee on Education and Labor, and

10 the Committee on Agriculture, of the House of Representa11 tives and the Committee on Agriculture, Nutrition, and

12 Forestry of the Senate on—

13 ‘‘(A) the acceptability of fortified whole, lowfat,

14 and skim milk products to participating children;

15 ‘‘(B) the impact of offering the milk on milk con16 sumption;

17 ‘‘(C) the views of the school food service authori18 ties on the pilot projects; and

19 ‘‘(D) any increases or reductions in costs attrib20 uted to the pilot projects.

21 ‘‘(6) The Secretary shall—

22 ‘‘(A) obtain copies of any research studies or pa23 pers that discuss the impact of the fortification of

24 milk pursuant to standards established by the States;

25 and
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1 ‘‘(B) on request, make available to State agencies

2 and the public—

3 ‘‘(i) the information obtained under sub4 paragraph (A); and

5 ‘‘(ii) information about where to obtain

6 milk described in paragraph (3).

7 ‘‘(7)(A) Each pilot project established under this sub8 section shall terminate on the last day of the third year

9 after the establishment of the pilot project.

10 ‘‘(B) The Secretary shall advise representatives of each

11 district participating in a pilot project that the district

12 may continue to offer the fortified forms of milk described

13 in paragraph (3) after the project terminates.’’.

14 (d) INCREASED CHOICES OF FRUITS, VEGETABLES,

15 LEGUMES, CEREALS, AND GRAIN-BASED PRODUCTS.—Sec16 tion 18 of such Act (42 U.S.C. 1769) (as amended by sub17 section (c)) is further amended by adding at the end the

18 following new subsection:

19 ‘‘(g)(1) The Secretary is authorized to establish a pilot

20 project to assist schools participating in the school lunch

21 program established under this Act, and the school breakfast

22 program established under section 4 of the Child Nutrition

23 Act of 1966 (42 U.S.C. 1773), to offer participating stu24 dents additional choices of fruits, vegetables, legumes, cere25 als, and grain-based products (including, subject to para-
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1 graph (6), organically produced agricultural commodities

2 and products) (collectively referred to in this subsection as

3 ‘qualified products’).

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

5 which schools may apply to participate in the pilot project.

6 To the maximum extent practicable, the Secretary shall se7 lect qualified schools that apply from each State.

8 ‘‘(3) The Secretary may provide a priority for receiv9 ing funds under this subsection to—

10 ‘‘(A) schools that are located in low-income areas

11 (as defined by the Secretary); and

12 ‘‘(B) schools that rarely offer 3 or more choices

13 of qualified products per meal.

14 ‘‘(4) On request, the Secretary shall provide informa15 tion to the Committee on Education and Labor, and the

16 Committee on Agriculture, of the House of Representatives

17 and the Committee on Agriculture, Nutrition, and Forestry

18 of the Senate on the impact of the pilot project on partici19 pating schools, including—

20 ‘‘(A) the extent to which participating children

21 increased consumption of qualified products;

22 ‘‘(B) the extent to which increased consumption

23 of qualified products offered under the pilot project

24 has contributed to a reduction in fat intake in the

25 school breakfast and school lunch programs;
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1 ‘‘(C) the desirability of requiring that—

2 ‘‘(i) each school participating in the school

3 breakfast program increase the number of choices

4 of qualified products offered per meal to at least

5 2 choices;

6 ‘‘(ii) each school participating in the school

7 lunch program increase the number of choices of

8 qualified products offered per meal; and

9 ‘‘(iii) the Secretary provide additional Fed10 eral reimbursements to assist schools in comply11 ing with clauses (i) and (ii);

12 ‘‘(D) the views of school food service authorities

13 on the pilot project; and

14 ‘‘(E) any increase or reduction in costs to the

15 schools in offering the additional qualified products.

16 ‘‘(5) Subject to the availability of funds appropriated

17 to carry out this subsection, the Secretary shall use not more

18 than $5,000,000 for each of fiscal years 1995 through 1997

19 to carry out this subsection.

20 ‘‘(6) For purposes of this subsection, qualified products

21 shall include organically produced agricultural commod22 ities and products beginning on the date the Secretary es23 tablishes an organic certification program for producers

24 and handlers of agricultural products in accordance with
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1 the Organic Foods Production Act of 1990 (7 U.S.C. 6501

2 et seq.).’’.

3 (e) INCREASED CHOICES OF LOWFAT DAIRY PROD4 UCTS AND LEAN MEAT AND POULTRY PRODUCTS.—Section

5 18 of such Act (42 U.S.C. 1769) (as amended by subsection

6 (d)) is further amended by adding at the end the following

7 new subsection:

8 ‘‘(h)(1) The Secretary is authorized to establish a pilot

9 project to assist schools participating in the school lunch

10 program established under this Act, and the school breakfast

11 program established under section 4 of the Child Nutrition

12 Act of 1966 (42 U.S.C. 1773), to offer participating stu13 dents additional choices of lowfat dairy products (including

14 lactose-free dairy products) and lean meat and poultry

15 products (including, subject to paragraph (6), organically

16 produced agricultural commodities and products) (collec17 tively referred to in this subsection as ‘qualified products’).

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

19 which schools may apply to participate in the pilot project.

20 To the maximum extent practicable, the Secretary shall se21 lect qualified schools that apply from each State.

22 ‘‘(3) 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
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1 ‘‘(B) schools that rarely offer 3 or more choices

2 of qualified products per meal.

3 ‘‘(4) On request, the Secretary shall provide informa4 tion to the Committee on Education and Labor, and the

5 Committee on Agriculture, of the House of Representatives

6 and the Committee on Agriculture, Nutrition, and Forestry

7 of the Senate on the impact of the pilot project on partici8 pating schools, including—

9 ‘‘(A) the extent to which participating children

10 increased consumption of qualified products;

11 ‘‘(B) the extent to which increased consumption

12 of qualified products offered under the pilot project

13 has contributed to a reduction in fat intake in the

14 school breakfast and school lunch programs;

15 ‘‘(C) the desirability of requiring that—

16 ‘‘(i) each school participating in the school

17 breakfast program increase the number of choices

18 of qualified products offered per meal to at least

19 2 choices;

20 ‘‘(ii) each school participating in the school

21 lunch program increase the number of choices of

22 qualified products offered per meal; and

23 ‘‘(iii) the Secretary provide additional Fed24 eral reimbursements to assist schools in comply25 ing with clauses (i) and (ii);
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1 ‘‘(D) the views of the school food service authori2 ties on the pilot project; and

3 ‘‘(E) any increase or reduction in costs to the

4 schools in offering the additional qualified products.

5 ‘‘(5) Subject to the availability of funds appropriated

6 to carry out this subsection, the Secretary shall use not more

7 than $5,000,000 for each of fiscal years 1995 through 1997

8 to carry out this subsection.

9 ‘‘(6) 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 (f) REDUCED PAPERWORK AND APPLICATION RE17 QUIREMENTS AND INCREASED PARTICIPATION PILOTS.—

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

19 subsection (e)) is further amended by adding at the end the

20 following new subsection:

21 ‘‘(i)(1) Subject to the availability of advance appro22 priations under paragraph (8), the Secretary shall make

23 grants to a limited number of schools to conduct pilot

24 projects in 2 or more States approved by the Secretary to—

25 ‘‘(A) reduce paperwork;
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1 ‘‘(B) reduce application and meal counting re2 quirements; and

3 ‘‘(C) make changes that will increase participa4 tion in the school lunch and school breakfast pro5 grams.

6 ‘‘(2)(A) Except as provided in subparagraph (B), the

7 Secretary may waive the requirements of this Act and the

8 Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) relat9 ing to counting of meals, applications for eligibility, and

10 related requirements that would preclude the Secretary from

11 making a grant to conduct a pilot project under paragraph

12 (1).

13 ‘‘(B) The Secretary may not waive a requirement

14 under subparagraph (A) if the waiver would prevent a pro15 gram participant, a potential program recipient, or a

16 school from receiving all of the benefits and protections of

17 this Act, the Child Nutrition Act of 1966, or a Federal stat18 ute or regulation that protects an individual constitutional

19 right or a statutory civil right.

20 ‘‘(C) No child otherwise eligible for free or reduced

21 price meals under section 9 or under section 4 of the Child

22 Nutrition Act of 1966 (42 U.S.C. 1773) shall be required

23 to pay more under a program carried out under this sub24 section for such a meal than the child would otherwise pay
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1 under section 9 or under section 4 of the Child Nutrition

2 Act of 1966 (42 U.S.C. 1771 et seq.), respectively.

3 ‘‘(3) To be eligible to receive a grant to conduct a pilot

4 project under this subsection, a school shall—

5 ‘‘(A) submit an application to the Secretary at

6 such time, in such manner, and accompanied by such

7 information as the Secretary may reasonably require,

8 including, at a minimum, information—

9 ‘‘(i) demonstrating that the program car10 ried out under the project differs from programs

11 carried out under subparagraph (C), (D), or (E)

12 of section 11(a)(1);

13 ‘‘(ii) demonstrating that at least 40 percent

14 of the students participating in the school lunch

15 program at the school are eligible for free or re16 duced price meals;

17 ‘‘(iii) demonstrating that the school operates

18 both a school lunch program and a school break19 fast program;

20 ‘‘(iv) describing the funding, if any that the

21 school will receive from non-Federal sources to

22 carry out the pilot project;

23 ‘‘(v) describing and justifying the addi24 tional amount, over the most recent prior year

25 reimbursement amount received under the school
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1 lunch program and the school breakfast program

2 (adjusted for inflation and fluctuations in enroll3 ment), that the school needs from the Federal

4 government to conduct the pilot; and

5 ‘‘(vi) describing the policy of the school on

6 a la carte and competitive foods;

7 ‘‘(B) not have a history of violations of this Act

8 or the Child Nutrition Act of 1966 (42 U.S.C. 1771

9 et seq.); and

10 ‘‘(C) meet any other requirement that the Sec11 retary may reasonably require.

12 ‘‘(4) To the extent practicable, the Secretary shall select

13 schools to participate in the pilot program under this sub14 section in a manner that will provide for an equitable dis15 tribution among the following types of schools:

16 ‘‘(A) Urban and rural schools.

17 ‘‘(B) Elementary, middle, and high schools.

18 ‘‘(C) Schools of varying income levels.

19 ‘‘(5)(A) Except as provided in subparagraph (B), a

20 school conducting a pilot project under this subsection shall

21 receive commodities in an amount equal to the amount the

22 school received in the prior year under the school lunch pro23 gram under this Act and under the school breakfast pro24 gram under section 4 of the Child Nutrition Act of 1966,

25 adjusted for inflation and fluctuations in enrollment.
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1 ‘‘(B) Commodities required for the pilot project in ex2 cess of the amount of commodities received by the school

3 in the prior year under the school lunch program and the

4 school breakfast program may be funded from amounts ap5 propriated to carry out this section.

6 ‘‘(6)(A) Except as provided in subparagraph (B), a

7 school conducting a pilot project under this subsection shall

8 receive a total Federal reimbursement under the school

9 lunch program and school breakfast program in an amount

10 equal to the total Federal reimbursement for the school in

11 the prior year under each such program (adjusted for infla12 tion and fluctuations in enrollment).

13 ‘‘(B) Funds required for the pilot project in excess of

14 the level of reimbursement received by the school in the prior

15 year (adjusted for inflation and fluctuations in enrollment)

16 may be taken from any non-Federal source or from amounts

17 appropriated to carry out this subsection. If no appropria18 tions are made for the pilot projects, schools may not con19 duct the pilot projects.

20 ‘‘(7)(A) The Secretary shall require each school con21 ducting a pilot project under this subsection to submit to

22 the Secretary documentation sufficient for the Secretary, to

23 the extent practicable, to—

24 ‘‘(i) determine the effect that participation by

25 schools in the pilot projects has on the rate of student
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1 participation in the school lunch program and the

2 school breakfast program, in total and by various in3 come groups;

4 ‘‘(ii) compare the quality of meals served under

5 the pilot project to the quality of meals served under

6 the school lunch program and the school breakfast

7 program during the school year immediately preced8 ing participation in the pilot project;

9 ‘‘(iii) summarize the views of students, parents,

10 and administrators with respect to the pilot project;

11 ‘‘(iv) compare the amount of administrative

12 costs under the pilot project to the amount of admin13 istrative costs under the school lunch program and the

14 school breakfast program during the school year im15 mediately preceding participation in the pilot project;

16 ‘‘(v) determine the reduction in paperwork under

17 the pilot project from the amount of paperwork under

18 the school lunch and school breakfast programs at the

19 school; and

20 ‘‘(vi) determine the effect of participation in the

21 pilot project on sales of, and school policy regarding,

22 a la carte and competitive foods.

23 ‘‘(B) Not later than January 31, 1998, the Secretary

24 shall submit to the Committee on Education and Labor of

25 the House of Representatives and the Committee on Agri-
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1 culture, Nutrition, and Forestry of the Senate a report con2 taining—

3 ‘‘(i) a description of the pilot projects approved

4 by the Secretary under this subsection;

5 ‘‘(ii) a compilation of the information received

6 by the Secretary under paragraph (1) as of this date

7 from each school conducting a pilot project under this

8 subsection; and

9 ‘‘(iii) an evaluation of the program by the Sec10 retary.

11 ‘‘(8) There are authorized to be appropriated to carry

12 out this subsection $9,000,000 for each fiscal year during

13 the period beginning October 1, 1995, and ending July 31,

14 1998.’’.

15 SEC. 119. REDUCTION OF PAPERWORK.

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

17 U.S.C. 1769a(a)) is amended—

18 (1) by striking ‘‘and other agencies’’ and insert19 ing ‘‘other agencies’’; and

20 (2) by inserting ‘‘, and families of children par21 ticipating in the programs,’’ after ‘‘assisted under

22 such Acts’’.
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1 SEC. 120. FOOD SERVICE MANAGEMENT INSTITUTE.

2 (a) REQUIRED ACTIVITIES.—Section 21(c)(2) of the

3 National School Lunch Act (42 U.S.C. 1769b–1(c)(2)) is

4 amended—

5 (1) in subparagraph (B)—

6 (A) by striking ‘‘and’’ at the end of clause

7 (viii);

8 (B) by redesignating clause (ix) as clause

9 (x); and

10 (C) by inserting after clause (viii) the fol11 lowing new clause:

12 ‘‘(ix) culinary skills; and’’;

13 (2) by striking ‘‘and’’ at the end of subpara14 graph (D);

15 (3) by striking the period at the end of subpara16 graph (E) and inserting a semicolon; and

17 (4) by adding at the end the following new sub18 paragraphs:

19 ‘‘(F) training food service personnel to com20 ply with the nutrition guidance and objectives of

21 section 24 through a national network of instruc22 tors or other means;

23 ‘‘(G) preparing informational materials,

24 such as video instruction tapes and menu plan25 ners, to promote healthier food preparation; and
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1 ‘‘(H) assisting State educational agencies in

2 providing additional nutrition and health in3 structions and instructors, including training

4 personnel to comply with the nutrition guidance

5 and objectives of section 24.’’.

6 (b) USE OF FOOD SERVICE MANAGEMENT INSTITUTE

7 FOR DIETARY AND NUTRITION ACTIVITIES.—Section 21(d)

8 of such Act (42 U.S.C. 1769b–1(d)) is amended—

9 (1) by striking ‘‘(d) COORDINATION.—The’’ and

10 inserting the following:

11 ‘‘(d) COORDINATION.—

12 ‘‘(1) IN GENERAL.—The’’; and

13 (2) by adding at the end the following new para14 graph:

15 ‘‘(2) USE OF INSTITUTE FOR DIETARY AND NU16 TRITION ACTIVITIES.—The Secretary shall use any

17 food service management institute established under

18 subsection (a)(2) to assist in carrying out dietary and

19 nutrition activities of the Secretary.’’.

20 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 21

21 of such Act (42 U.S.C. 1769b–1) is amended—

22 (1) in subsection (a)(1), by striking ‘‘from’’ and

23 inserting ‘‘subject to the availability of, and from,’’;

24 and
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1 (2) by striking subsection (e) and inserting the

2 following new subsection:

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

4 ‘‘(1) TRAINING ACTIVITIES AND TECHNICAL AS5 SISTANCE.—There are authorized to be appropriated

6 to carry out subsection (a)(1) $3,000,000 for fiscal

7 year 1990, $2,000,000 for fiscal year 1991, and

8 $1,000,000 for each of fiscal years 1992 through 1998.

9 ‘‘(2) FOOD SERVICE MANAGEMENT INSTITUTE.—

10 ‘‘(A) FUNDING.—In addition to any

11 amounts otherwise made available for fiscal year

12 1995, out of any moneys in the Treasury not

13 otherwise appropriated, the Secretary of the

14 Treasury shall provide to the Secretary $147,000

15 for fiscal year 1995, and $2,000,000 for fiscal

16 year 1996 and each subsequent fiscal year, to

17 carry out subsection (a)(2). The Secretary shall

18 be entitled to receive the funds and shall accept

19 the funds.

20 ‘‘(B) ADDITIONAL FUNDING.—In addition

21 to amounts made available under subparagraph

22 (A), there are authorized to be appropriated to

23 carry out subsection (a)(2) such sums as are nec24 essary for fiscal year 1995 and each subsequent

25 fiscal year. The Secretary shall carry out activi-
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1 ties under subsection (a)(2), in addition to the

2 activities funded under subparagraph (A), to the

3 extent provided for, and in such amounts as are

4 provided for, in advance in appropriations Acts.

5 ‘‘(C) FUNDING FOR EDUCATION, TRAINING,

6 OR APPLIED RESEARCH OR STUDIES.—In addi7 tion to amounts made available under subpara8 graphs (A) and (B), from amounts otherwise ap9 propriated to the Secretary in discretionary ap10 propriations, the Secretary may provide funds to

11 any food service management institute estab12 lished under subsection (a)(2) for projects speci13 fied by the Secretary that will contribute to im14 plementing dietary or nutrition initiatives. Any

15 additional funding under this subparagraph

16 shall be provided noncompetitively in a separate

17 cooperative agreement.’’.

18 SEC. 121. COMPLIANCE AND ACCOUNTABILITY.

19 Section 22(d) of the National School Lunch Act (42

20 U.S.C. 1769c(d)) is amended by striking ‘‘1990, 1991, 1992,

21 1993, and 1994’’ and inserting ‘‘1994 through 1996’’.
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1 SEC. 122. DUTIES OF THE SECRETARY OF AGRICULTURE RE2 LATING TO NONPROCUREMENT DEBARMENT

3 UNDER CERTAIN CHILD NUTRITION PRO4 GRAMS.

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

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

7 following new section:

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

9 NONPROCUREMENT DEBARMENT.

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

11 promote the prevention and deterrence of instances of fraud,

12 bid rigging, and other anticompetitive activities encoun13 tered in the procurement of products for child nutrition pro14 grams by—

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

16 the Secretary to initiate debarment proceedings, as

17 well as establishing mandatory debarment periods;

18 and

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

20 guidance in identifying and preventing the activities.

21 ‘‘(b) DEFINITIONS.—As used in this section:

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

23 ‘child nutrition program’ means—

24 ‘‘(A) the school lunch program established

25 under this Act;
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1 ‘‘(B) the summer food service program for

2 children established under section 13;

3 ‘‘(C) the child and adult care food program

4 established under section 17;

5 ‘‘(D) the homeless children nutrition pro6 gram established under section 17B;

7 ‘‘(E) the special milk program established

8 under section 3 of the Child Nutrition Act of

9 1966 (42 U.S.C. 1772);

10 ‘‘(F) the school breakfast program estab11 lished under section 4 of such Act (42 U.S.C.

12 1773); and

13 ‘‘(G) the special supplemental nutrition

14 program for women, infants, and children au15 thorized under section 17 of such Act (42 U.S.C.

16 1786).

17 ‘‘(2) CONTRACTOR.—The term ‘contractor’ means

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

19 State, or a local agency to provide goods or services

20 in relation to the participation of a local agency in

21 a child nutrition program.

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

23 means a school, school food authority, child care cen24 ter, sponsoring organization, or other entity author-
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1 ized to operate a child nutrition program at the local

2 level.

3 ‘‘(4) NONPROCUREMENT DEBARMENT.—The term

4 ‘nonprocurement debarment’ means an action to bar

5 a person from programs and activities involving Fed6 eral financial and nonfinancial assistance, but not

7 including Federal procurement programs and activi8 ties.

9 ‘‘(5) PERSON.—The term ‘person’ means any in10 dividual, corporation, partnership, association, coop11 erative, or other legal entity, however organized.

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

13 AND ANTICOMPETITIVE ACTIVITIES.—The Secretary shall—

14 ‘‘(1) in cooperation with any other appropriate

15 individual, organization, or agency, provide advice,

16 training, technical assistance, and guidance (which

17 may include awareness training, training films, and

18 troubleshooting advice) to representatives of States

19 and local agencies regarding means of identifying

20 and preventing fraud and anticompetitive activities

21 relating to the provision of goods or services in con22 junction with the participation of a local agency in

23 a child nutrition program; and

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

25 with, the Attorney General and State attorneys gen-
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1 eral regarding investigations of fraud and anti2 competitive activities relating to the provision of

3 goods or services in conjunction with the participa4 tion of a local agency in a child nutrition program.

5 ‘‘(d) NONPROCUREMENT DEBARMENT.—

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (3) and subsection (e), not later than 180 days

8 after notification of the occurrence of a cause for de9 barment described in paragraph (2), the Secretary

10 shall initiate nonprocurement debarment proceedings

11 against the contractor who has committed the cause

12 for debarment.

13 ‘‘(2) CAUSES FOR DEBARMENT.—Actions requir14 ing initiation of nonprocurement debarment pursuant

15 to paragraph (1) shall include a situation in which

16 a contractor is found guilty in any criminal proceed17 ing, or found liable in any civil or administrative

18 proceeding, in connection with the supplying, provid19 ing, or selling of goods or services to any local agency

20 in connection with a child nutrition program, of—

21 ‘‘(A) an anticompetitive activity, including

22 bid-rigging, price-fixing, the allocation of cus23 tomers between competitors, or other violation of

24 Federal or State antitrust laws;
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1 ‘‘(B) fraud, bribery, theft, forgery, or embez2 zlement;

3 ‘‘(C) knowingly receiving stolen property;

4 ‘‘(D) making a false claim or statement; or

5 ‘‘(E) any other obstruction of justice.

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

7 that a decision on initiating nonprocurement debar8 ment proceedings cannot be made within 180 days

9 after notification of the occurrence of a cause for de10 barment described in paragraph (2) because of the

11 need to further investigate matters relating to the pos12 sible debarment, the Secretary may have such addi13 tional time as the Secretary considers necessary to

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

15 days.

16 ‘‘(4) MANDATORY CHILD NUTRITION PROGRAM

17 DEBARMENT PERIODS.—

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

19 provisions of this paragraph and notwithstand20 ing any other provision of law except subsection

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

22 debarment proceedings pursuant to paragraph

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

24 the debarment shall be for a period of not less

25 than 3 years.
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1 ‘‘(B) PREVIOUS DEBARMENT.—If the con2 tractor has been previously debarred pursuant to

3 nonprocurement debarment proceedings initiated

4 pursuant to paragraph (1), and the cause for de5 barment is described in paragraph (2) based on

6 activities that occurred subsequent to the initial

7 debarment, the debarment shall be for a period

8 of not less than 5 years.

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

10 under this subsection shall serve to bar the con11 tractor for the specified period from contracting

12 to provide goods or services in conjunction with

13 the participation of a local agency in a child nu14 trition program.

15 ‘‘(D) REVERSAL, REDUCTION, OR EXCEP16 TION.—Nothing in this section shall restrict the

17 ability of the Secretary to—

18 ‘‘(i) reverse a debarment decision;

19 ‘‘(ii) reduce the period or scope of a de20 barment;

21 ‘‘(iii) grant an exception permitting a

22 debarred contractor to participate in a par23 ticular contract to provide goods or services;

24 or
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1 ‘‘(iv) otherwise settle a debarment ac2 tion at any time;

3 in conjunction with the participation of a local

4 agency in a child nutrition program, if the Sec5 retary determines there is good cause for the ac6 tion, after taking into account factors set forth in

7 paragraphs (1) through (6) of subsection (e).

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

9 shall present to the Committee on Education and

10 Labor, and the Committee on Agriculture, of the

11 House of Representatives and the Committee on Agri12 culture, Nutrition, and Forestry of the Senate infor13 mation regarding the decisions required by this sub14 section.

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

16 A debarment imposed under this section shall not re17 duce or diminish the authority of a Federal, State, or

18 local government agency or court to penalize, im19 prison, fine, suspend, debar, or take other adverse ac20 tion against a person in a civil, criminal, or admin21 istrative proceeding.

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

23 such regulations as are necessary to carry out this

24 subsection.
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1 ‘‘(e) MANDATORY DEBARMENT.—Notwithstanding any

2 other provision of this section, the Secretary shall initiate

3 nonprocurement debarment proceedings against the con4 tractor (including any cooperative) who has committed the

5 cause for debarment (as determined under subsection

6 (d)(2)), unless the action—

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

8 on competition or prices in the relevant market or na9 tionally;

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

11 agency to procure a needed product for a child nutri12 tion program;

13 ‘‘(3) is unfair to a person, subsidiary corpora14 tion, affiliate, parent company, or local division of a

15 corporation that is not involved in the improper ac16 tivity that would otherwise result in the debarment;

17 ‘‘(4) is likely to have significant adverse eco18 nomic impacts on the local economy in a manner

19 that is unfair to innocent parties;

20 ‘‘(5) is not justified in light of the penalties al21 ready imposed on the contractor for violations rel22 evant to the proposed debarment, including any sus23 pension or debarment arising out of the same matter

24 that is imposed by any Federal or State agency; or
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1 ‘‘(6) is not in the public interest, or otherwise is

2 not in the interests of justice, as determined by the

3 Secretary.

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

5 Prior to seeking judicial review in a court of competent ju6 risdiction, a contractor against whom a nonprocurement

7 debarment proceeding has been initiated shall—

8 ‘‘(1) exhaust all administrative procedures pre9 scribed by the Secretary; and

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

11 the Secretary.

12 ‘‘(g) INFORMATION RELATING TO PREVENTION AND

13 CONTROL OF ANTICOMPETITIVE ACTIVITIES.—On request,

14 the Secretary shall present to the Committee on Education

15 and Labor, and the Committee on Agriculture, of the House

16 of Representatives and the Committee on Agriculture, Nu17 trition, and Forestry of the Senate information regarding

18 the activities of the Secretary relating to anticompetitive

19 activities, fraud, nonprocurement debarment, and any

20 waiver granted by the Secretary under this section.’’.

21 (b) APPLICABILITY.—Section 25 of the National School

22 Lunch Act (as added by subsection (a)) shall not apply to

23 a cause for debarment as described in section 25(d)(2) of

24 such Act that is based on an activity that took place prior

25 to the effective date of section 25 of such Act.
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1 (c) NO REDUCTION IN AUTHORITY TO DEBAR OR SUS2 PEND A PERSON FROM FEDERAL FINANCIAL AND NON3 FINANCIAL ASSISTANCE AND BENEFITS.—The authority of

4 the Secretary of Agriculture that exists on the day before

5 the date of enactment of this Act to debar or suspend a per6 son from Federal financial and nonfinancial assistance and

7 benefits under Federal programs and activities shall not be

8 diminished or reduced by subsection (a) or the amendment

9 made by subsection (a).

10 SEC. 123. INFORMATION CLEARINGHOUSE.

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

12 seq.) (as amended by section 122) is further amended by

13 adding at the end the following new section:

14 ‘‘SEC. 26. INFORMATION CLEARINGHOUSE.

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

16 contract with a nongovernmental organization described in

17 subsection (b) to establish and maintain a clearinghouse to

18 provide information to nongovernmental groups located

19 throughout the United States that assist low-income indi20 viduals or communities regarding food assistance, self-help

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

22 other activities that empower low-income individuals or

23 communities to improve the lives of low-income individuals

24 and reduce reliance on Federal, State, or local governmental

25 agencies for food or other assistance.
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1 ‘‘(b) NONGOVERNMENTAL ORGANIZATION.—The non2 governmental organization referred to in subsection (a)

3 shall be selected on a competitive basis and shall—

4 ‘‘(1) be experienced in the gathering of first-hand

5 information in all the States through onsite visits to

6 grassroots organizations in each State that fight hun7 ger and poverty or that assist individuals in becom8 ing self-reliant;

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

10 clearinghouse similar to the clearinghouse described

11 in subsection (a);

12 ‘‘(3) agree to contribute in-kind resources to13 wards the establishment and maintenance of the

14 clearinghouse and agree to provide clearinghouse in15 formation, free of charge, to the Secretary, States,

16 counties, cities, antihunger groups, and grassroots or17 ganizations that assist individuals in becoming self18 sufficient and self-reliant;

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

20 organization, that—

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

22 10 years;

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

24 United States; and
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1 ‘‘(C) is knowledgeable regarding Federal nu2 trition programs;

3 ‘‘(5) be experienced in communicating the pur4 pose of the clearinghouse through the media, including

5 the radio and print media, and be able to provide ac6 cess to the clearinghouse information through com7 puter or telecommunications technology, as well as

8 through the mails; and

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

10 guidance to States, counties, cities, communities,

11 antihunger groups, and local organizations regarding

12 means of assisting individuals and communities to

13 reduce reliance on government programs, reduce hun14 ger, improve nutrition, and otherwise assist low-in15 come individuals and communities become more self16 sufficient.

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

18 reasonable auditing procedures regarding the expenditures

19 of funds to carry out this section.

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

21 not otherwise appropriated, the Secretary of the Treasury

22 shall pay to the Secretary to provide to the organization

23 selected under this section, to establish and maintain the

24 information clearinghouse, $200,000 for each of fiscal years

25 1995 and 1996, $150,000 for fiscal year 1997, and $100,000
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1 for fiscal year 1998. The Secretary shall be entitled to re2 ceive the funds and shall accept the funds.’’.

3 SEC. 124. GUIDANCE AND GRANTS FOR ACCOMMODATING

4 SPECIAL DIETARY NEEDS OF CHILDREN WITH

5 DISABILITIES.

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

7 seq.) (as amended by section 123) is further amended by

8 adding at the end the following new section:

9 ‘‘SEC. 27. GUIDANCE AND GRANTS FOR ACCOMMODATING

10 SPECIAL DIETARY NEEDS OF CHILDREN WITH

11 DISABILITIES.

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

13 ‘‘(1) CHILDREN WITH DISABILITIES.—The term

14 ‘children with disabilities’ means individuals, each of

15 whom is—

16 ‘‘(A) a participant in a covered program;

17 and

18 ‘‘(B) an individual with a disability, as de19 fined in section 7(8) of the Rehabilitation Act of

20 1973 (29 U.S.C. 706(8)) for purposes of section

21 504 of the Rehabilitation Act of 1973 (29 U.S.C.

22 794).

23 ‘‘(2) COVERED PROGRAM.—The term ‘covered

24 program’ means—
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1 ‘‘(A) the school lunch program established

2 under this Act;

3 ‘‘(B) the school breakfast program estab4 lished under section 4 of the Child Nutrition Act

5 of 1966 (42 U.S.C. 1773); and

6 ‘‘(C) any other program established under

7 this Act or the Child Nutrition Act of 1966 (42

8 U.S.C. 1771 et seq.) that the Secretary deter9 mines is appropriate.

10 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en11 tity’ means a school food service authority, or an in12 stitution or organization, that participates in a cov13 ered program.

14 ‘‘(b) GUIDANCE.—

15 ‘‘(1) DEVELOPMENT.—The Secretary, in con16 sultation with the Attorney General and the Secretary

17 of Education, shall develop and approve guidance for

18 accommodating the medical and special dietary needs

19 of children with disabilities under covered programs

20 in a manner that is consistent with section 504 of the

21 Rehabilitation Act of 1973 (29 U.S.C. 794).

22 ‘‘(2) TIMING.—In the case of the school lunch

23 program established under this Act and the school

24 breakfast program established under section 4 of the

25 Child Nutrition Act of 1966 (42 U.S.C. 1773), the
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1 Secretary shall develop the guidance as required by

2 paragraph (1) not later than 150 days after the date

3 of enactment of this section.

4 ‘‘(3) DISTRIBUTION.—Not later than 60 days

5 after the date that the development of the guidance re6 lating to a covered program is completed, the Sec7 retary shall distribute the guidance to school food

8 service authorities, and institutions and organiza9 tions, participating in the covered program.

10 ‘‘(4) REVISION OF GUIDANCE.—The Secretary, in

11 consultation with the Attorney General and the Sec12 retary of Education, shall periodically update and

13 approve the guidances to reflect new scientific infor14 mation and comments and suggestions from persons

15 carrying out covered programs, recognized medical

16 authorities, parents, and other persons.

17 ‘‘(c) GRANTS.—

18 ‘‘(1) IN GENERAL.—Subject to the availability of

19 appropriations provided in advance to carry out this

20 subsection, the Secretary shall make grants on a com21 petitive basis to State educational agencies for dis22 tribution to eligible entities to assist the eligible enti23 ties with nonrecurring expenses incurred in accommo24 dating the medical and special dietary needs of chil25 dren with disabilities in a manner that is consistent
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1 with section 504 of the Rehabilitation Act of 1973 (29

2 U.S.C. 794).

3 ‘‘(2) ADDITIONAL ASSISTANCE.—Subject to para4 graph (3)(A)(iii), assistance received through grants

5 made under this subsection shall be in addition to

6 any other assistance that State educational agencies

7 and eligible entities would otherwise receive.

8 ‘‘(3) ALLOCATION BY SECRETARY.—

9 ‘‘(A) PREFERENCE.—In making grants

10 under this subsection for any fiscal year, the Sec11 retary shall provide a preference to State edu12 cational agencies that, individually—

13 ‘‘(i) submit to the Secretary a plan for

14 accommodating the needs described in para15 graph (1), including a description of the

16 purpose of the project for which the agency

17 seeks such a grant, a budget for the project,

18 and a justification for the budget;

19 ‘‘(ii) provide to the Secretary data

20 demonstrating that the State served by the

21 agency has a substantial percentage of chil22 dren with medical or special dietary needs,

23 and information explaining the basis for the

24 data; or
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1 ‘‘(iii) demonstrate to the satisfaction of

2 the Secretary that the activities supported

3 through such a grant will be coordinated

4 with activities supported under other Fed5 eral, State, and local programs, including—

6 ‘‘(I) activities carried out under

7 title XIX of the Social Security Act (42

8 U.S.C. 1396 et seq.);

9 ‘‘(II) activities carried out under

10 the Individuals with Disabilities Edu11 cation Act (20 U.S.C. 1400 et seq.);

12 and

13 ‘‘(III) activities carried out under

14 section 19 of the Child Nutrition Act of

15 1966 (42 U.S.C. 1788) or by the food

16 service management institute estab17 lished under section 21.

18 ‘‘(B) REALLOCATION.—The Secretary shall

19 act in a timely manner to recover and reallocate

20 to other States any amounts provided to a State

21 educational agency under this subsection that

22 are not used by the agency within a reasonable

23 period (as determined by the Secretary).
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1 ‘‘(C) APPLICATIONS.—The Secretary shall

2 allow State educational agencies to apply on an

3 annual basis for assistance under this subsection.

4 ‘‘(4) ALLOCATION BY STATE EDUCATIONAL AGEN5 CIES.—In allocating funds made available under this

6 subsection within a State, the State educational agen7 cy shall give a preference to eligible entities that dem8 onstrate the greatest ability to use the funds to carry

9 out the plan submitted by the State in accordance

10 with paragraph (3)(A)(i).

11 ‘‘(5) MAINTENANCE OF EFFORT.—Expenditures

12 of funds from State and local sources to accommodate

13 the needs described in paragraph (1) shall not be di14 minished as a result of grants received under this sub15 section.

16 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated $1,000,000

18 for each of fiscal years 1995 through 1998 to carry

19 out this subsection.’’.

20 SEC. 125. STUDY OF ADULTERATION OF JUICE PRODUCTS

21 SOLD TO SCHOOL MEAL PROGRAMS

22 (a) IN GENERAL.—The Comptroller General of the

23 United States shall conduct a study of the costs and prob24 lems associated with the sale of adulterated fruit juice and

25 juice products to the school lunch program under the Na-
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1 tional School Lunch Act (42 U.S.C. 1751 et seq.) and school

2 breakfast program under section 4 of the Child Nutrition

3 Act of 1966 (42 U.S.C. 1773), including a study of—

4 (1) the nature and extent to which juice products

5 have been and are currently being adulterated;

6 (2) the adequacy of current requirements and

7 standards to preclude manufacturers from processing

8 adulterated products for school meal programs;

9 (3) the availability and effectiveness of various

10 detection methods and testing procedures used to iden11 tify adulterated juice products;

12 (4) the adequacy of existing enforcement mecha13 nisms and efforts to detect and prosecute manufactur14 ers of adulterated juice products;

15 (5) the economic effect of the sale of adulterated

16 juice products on the school meal program and on

17 manufacturers of the products; and

18 (6) the effect alternative mandatory inspection

19 methods would have on program costs and various

20 purchasing options.

21 (b) REPORT.—Not later than 1 year after the date of

22 enactment of this Act, the Comptroller General shall submit

23 a report on the study conducted under subsection (a) (in24 cluding any related recommendations) to the Committee on

25 Education and Labor, and the Committee on Agriculture,
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1 of the House of Representatives and the Committee on Agri2 culture, Nutrition, and Forestry of the Senate.

3 TITLE II—AMENDMENTS TO

4 CHILD NUTRITION ACT OF 1966

5 SEC. 201. SCHOOL BREAKFAST PROGRAM.

6 (a) MINIMUM NUTRITIONAL REQUIREMENTS MEAS7 URED BY WEEKLY AVERAGE OF NUTRIENT CONTENT OF

8 SCHOOL BREAKFASTS.—The first sentence of section 4(e)(1)

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

10 is amended by inserting before the period at the end the

11 following: ‘‘, except that the minimum nutritional require12 ments shall be measured by not less than the weekly average

13 of the nutrient content of school breakfasts’’.

14 (b) TECHNICAL ASSISTANCE FOR SCHOOL BREAKFAST

15 PROGRAM.—Section 4(e)(1) of such Act (42 U.S.C.

16 1773(e)(1)) is amended—

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

18 (2) by adding at the end the following new sub19 paragraph:

20 ‘‘(B) The Secretary shall provide through State edu21 cational agencies technical assistance and training, includ22 ing technical assistance and training in the preparation

23 of foods high in complex carbohydrates and lower-fat ver24 sions of foods commonly used in the school breakfast pro25 gram established under this section, to schools participating
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1 in the school breakfast program to assist the schools in com2 plying with the nutritional requirements prescribed by the

3 Secretary pursuant to subparagraph (A) and in providing

4 appropriate meals to children with medically certified spe5 cial dietary needs. The Secretary shall provide through

6 State educational agencies additional technical assistance

7 to schools that are having difficulty maintaining compli8 ance with the requirements.’’.

9 (c) PROMOTION OF PROGRAM.—Section 4(f)(1) of such

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

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

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

13 subparagraphs:

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

15 the Secretary shall promote the school breakfast program

16 by—

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

18 expands participation in the program by schools and

19 students; and

20 ‘‘(ii) improving public education and outreach

21 efforts in language appropriate materials that en22 hance the public image of the program.

23 ‘‘(C) As used in this paragraph, the term ‘language

24 appropriate materials’ means materials using a language

25 other than the English language in a case in which the lan-
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1 guage is dominant for a large percentage of individuals

2 participating in the program.’’.

3 (d) STARTUP AND EXPANSION OF SCHOOL BREAKFAST

4 PROGRAM AND SUMMER FOOD SERVICE PROGRAM FOR

5 CHILDREN.—Subsection (g) of section 4 of such Act (42

6 U.S.C. 1773(g)) is amended to read as follows:

7 ‘‘STARTUP AND EXPANSION COSTS

8 ‘‘(g)(1) Out of any moneys in the Treasury not other9 wise appropriated, the Secretary of the Treasury shall pro10 vide to the Secretary $5,000,000 for each of fiscal years

11 1991 through 1997, $6,000,000 for fiscal year 1998, and

12 $7,000,000 for fiscal year 1999 and each subsequent fiscal

13 year to make payments under this subsection. The Secretary

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

15 funds. The Secretary shall use the funds to make payments

16 on a competitive basis and in the following order of priority

17 (subject to other provisions of this subsection), to—

18 ‘‘(A) State educational agencies in a substantial

19 number of States for distribution to eligible schools to

20 assist the schools with nonrecurring expenses incurred

21 in—

22 ‘‘(i) initiating a school breakfast program

23 under this section; or

24 ‘‘(ii) expanding a school breakfast program;

25 and
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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 initiate or expand school breakfast pro15 grams conducted in the State, including a description of

16 the manner in which the agency will provide technical as17 sistance and funding to schools in the State to initiate or

18 expand the programs.

19 ‘‘(4) In making payments under this subsection for

20 any fiscal year to initiate or expand school breakfast pro21 grams, the Secretary shall provide a preference to State edu22 cational agencies that—

23 ‘‘(A) have in effect a State law that requires the

24 expansion of the programs during the year;
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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 school breakfast program

5 available to a large number of low-income children in

6 the State; 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 school lunch program established under the Na18 tional School Lunch Act (42 U.S.C. 1751 et seq.); or

19 ‘‘(ii) that do not have a summer food service pro20 gram for children available to a large number of low21 income children in the State; and

22 ‘‘(B) that submit to the Secretary a plan to ex23 pand the summer food service programs for children

24 conducted in the State, including a description of—
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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 school breakfast

19 program or a summer food service program for children,

20 respectively.

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

22 sources for the maintenance of the school breakfast program

23 and the summer food service program for children shall not

24 be diminished as a result of payments received under this

25 subsection.
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1 ‘‘(10) As used in this subsection:

2 ‘‘(A) The term ‘eligible school’ means a school—

3 ‘‘(i) attended by children a significant per4 centage of whom are members of low-income

5 families;

6 ‘‘(ii)(I) as used with respect to a school

7 breakfast program, that agrees to operate the

8 school breakfast program established or expanded

9 with the assistance provided under this sub10 section for a period of not less than 3 years; and

11 ‘‘(II) as used with respect to a summer food

12 service program for children, that agrees to oper13 ate the summer food service program for children

14 established or expanded with the assistance pro15 vided under this subsection for a period of not

16 less than 3 years.

17 ‘‘(B) The term ‘service institution’ means an in18 stitution or organization described in paragraph

19 (1)(B) or (7) of section 13(a) of the National School

20 Lunch Act (42 U.S.C. 1761(a)(1)(B) or (7)).

21 ‘‘(C) The term ‘summer food service program for

22 children’ means a program authorized by section 13

23 of such Act (42 U.S.C. 1761).’’.
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1 SEC. 202. STATE ADMINISTRATIVE EXPENSES.

2 (a) WITHHOLDING.—Section 7(a) of the Child Nutri3 tion Act of 1966 (42 U.S.C. 1776(a)) is amended by adding

4 at the end the following new paragraph:

5 ‘‘(9)(A) If the Secretary determines that the adminis6 tration of any program by a State under this Act (other

7 than section 17) or under the National School Lunch Act

8 (42 U.S.C. 1751 et seq.), or compliance with a regulation

9 issued pursuant to either of such Acts, is seriously deficient,

10 and the State fails to correct the deficiency within a speci11 fied period of time, the Secretary may withhold from the

12 State some or all of the funds allocated to the State under

13 this section or under section 13(k)(1) or 17 of the National

14 School Lunch Act (42 U.S.C. 1761(k)(1) or 1766).

15 ‘‘(B) On a subsequent determination by the Secretary

16 that the administration of any program referred to in sub17 paragraph (A), or compliance with the regulations issued

18 to carry out the program, is no longer seriously deficient

19 and is operated in an acceptable manner, the Secretary

20 may allocate some or all of the funds withheld under such

21 subparagraph.’’.

22 (b) EXTENSION OF AUTHORITY TO PROVIDE FUNDS

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

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

25 ‘‘1994’’ and inserting ‘‘1998’’.
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1 (c) PROHIBITION OF FUNDING UNLESS STATE AGREES

2 TO PARTICIPATE IN CERTAIN STUDIES OR SURVEYS.—Sec3 tion 7 of such Act (42 U.S.C. 1776) is amended—

4 (1) by redesignating subsection (h) as subsection

5 (i); and

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

7 new subsection:

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

9 this section to a State for administrative costs incurred in

10 any fiscal year unless the State agrees to participate in any

11 study or survey of programs authorized under this Act or

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

13 conducted by the Secretary.’’.

14 SEC. 203. COMPETITIVE FOODS OF MINIMAL NUTRITIONAL

15 VALUE.

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

17 U.S.C. 1779) is amended—

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

19 sentences as subsections (a), (b), and (c), respectively;

20 (2) by indenting the margins of subsections (b)

21 and (c) so as to align with the margins of subsection

22 (b) of section 11 of such Act (42 U.S.C. 1780); and

23 (3) in subsection (b) (as designated by para24 graph (1))—
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1 (A) by striking ‘‘Such regulations’’ and in2 serting ‘‘(1) The regulations’’; and

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

4 paragraphs:

5 ‘‘(2) The Secretary shall develop and provide to State

6 agencies, for distribution to private elementary schools and

7 to public elementary schools through local educational agen8 cies, model language that bans the sale of competitive foods

9 of minimal nutritional value anywhere on elementary

10 school grounds before the end of the last lunch period.

11 ‘‘(3) The Secretary shall provide to State agencies, for

12 distribution to private secondary schools and to public sec13 ondary schools through local educational agencies, a copy

14 of regulations (in existence on the effective date of this para15 graph) concerning the sale of competitive foods of minimal

16 nutritional value.

17 ‘‘(4) Paragraphs (2) and (3) shall not apply to a State

18 that has in effect a ban on the sale of competitive foods

19 of minimal nutritional value in schools in the State.’’.

20 SEC. 204. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM.

21 (a) DEFINITION OF NUTRITIONAL RISK.—Section

22 17(b)(8) of the Child Nutrition Act of 1966 (42 U.S.C.

23 1786(b)(8)) is amended—

24 (1) by redesignating subparagraph (D) as sub25 paragraph (E);
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1 (2) by inserting after ‘‘health,’’ at the end of sub2 paragraph (C) the following new subparagraph: ‘‘(D)

3 conditions that directly affect the nutritional health of

4 a person, such as alcoholism or drug abuse,’’; and

5 (3) in subparagraph (E) (as redesignated by

6 paragraph (1)), by striking ‘‘alcoholism and drug ad7 diction, homelessness, and’’ and inserting ‘‘homeless8 ness and’’.

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

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

11 the following new paragraph:

12 ‘‘(5) The Secretary shall promote the special supple13 mental nutrition program by producing and distributing

14 materials, including television and radio public service an15 nouncements in English and other appropriate languages,

16 that inform potentially eligible individuals of the benefits

17 and services under the program.’’.

18 (c) ELIGIBILITY FOR CERTAIN PREGNANT WOMEN.—

19 Section 17(d) of such Act (42 U.S.C. 1786(d)) is amended—

20 (1) in paragraph (2), by adding at the end the

21 following new subparagraph:

22 ‘‘(C) In the case of a pregnant woman who is otherwise

23 ineligible for participation in the program because the fam24 ily of the woman is of insufficient size to meet the income

25 eligibility standards of the program, the pregnant woman
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1 shall be considered to have satisfied the income eligibility

2 standards if, by increasing the number of individuals in

3 the family of the woman by 1 individual, the income eligi4 bility standards would be met.’’; and

5 (2) in paragraph (3)—

6 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

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

8 subparagraph:

9 ‘‘(B) A State may consider pregnant women who meet

10 the income eligibility standards to be presumptively eligible

11 to participate in the program and may certify the women

12 for participation immediately, without delaying certifi13 cation until an evaluation is made concerning nutritional

14 risk. A nutritional risk evaluation of such a woman shall

15 be completed not later than 60 days after the woman is

16 certified for participation. If it is subsequently determined

17 that the woman does not meet nutritional risk criteria, the

18 certification of the woman shall terminate on the date of

19 the determination.’’.

20 (d) TECHNICAL CORRECTIONS.—Section 17(e) of such

21 Act (42 U.S.C. 1786(e)) is amended by redesignating para22 graph (3) (as added by section 123(a)(3)(D) of the Child

23 Nutrition and WIC Reauthorization Act of 1989 (Public

24 Law 101–147; 103 Stat. 895)) and paragraphs (4) and (5)

25 as paragraphs (4), (5), and (6), respectively.
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1 (e) COORDINATION OF WIC AND MEDICAID PROGRAMS

2 USING COORDINATED CARE PROVIDERS.—Section

3 17(f)(1)(C)(iii) of such Act (42 U.S.C. 1786(f)(1)(C)(iii))

4 is amended by inserting before the semicolon at the end the

5 following: ‘‘, including medicaid programs that use coordi6 nated care providers under a contract entered into under

7 section 1903(m), or a waiver granted under section 1915(b),

8 of the Social Security Act (42 U.S.C. 1396b(m) or

9 1396n(b)) (including coordination through the referral of

10 potentially eligible women, infants, and children between

11 the program authorized under this section and the medicaid

12 program)’’.

13 (f) PRIORITY CONSIDERATION FOR CERTAIN MIGRANT

14 POPULATIONS.—The first sentence of section 17(f)(3) of

15 such Act (42 U.S.C. 1786(f)(3)) is amended by inserting

16 before the period at the end the following: ‘‘and shall ensure

17 that local programs provide priority consideration to serv18 ing migrant participants who are residing in the State for

19 a limited period of time’’.

20 (g) INCOME ELIGIBILITY GUIDELINES.—Paragraph

21 (18) of section 17(f) of such Act (42 U.S.C. 1786(f)(18))

22 is amended to read as follows:

23 ‘‘(18) Notwithstanding subsection (d)(2)(A)(i), not

24 later than July 1 of each year, a State agency may imple25 ment income eligibility guidelines under this section con-
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1 currently with the implementation of income eligibility

2 guidelines under the medicaid program established under

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

4 seq.).’’.

5 (h) USE OF RECOVERED PROGRAM FUNDS IN YEAR

6 COLLECTED.—Section 17(f) of such Act (42 U.S.C. 1786(f))

7 is amended by adding at the end the following new para8 graph:

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

10 result of violations in the food delivery system of the pro11 gram in the year in which the funds are collected for the

12 purpose of carrying out the program.’’.

13 (i) COORDINATION INITIATIVE FOR WIC AND MEDIC14 AID PROGRAMS.—Section 17(f) of such Act (42 U.S.C.

15 1786(f)) (as amended by subsection (h)) is further amended

16 by adding at the end the following new paragraph:

17 ‘‘(24) The Secretary and the Secretary of Health and

18 Human Services shall carry out an initiative to assure

19 that, in a case in which a State medicaid program uses

20 coordinated care providers under a contract entered into

21 under section 1903(m), or a waiver granted under section

22 1915(b), of the Social Security Act (42 U.S.C 1396b(m) or

23 1396n(b)), coordination between the program authorized by

24 this section and the medicaid program is continued, includ25 ing—
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1 ‘‘(A) the referral of potentially eligible women,

2 infants, and children between the 2 programs; and

3 ‘‘(B) the timely provision of medical information

4 related to the program authorized by this section to

5 agencies carrying out the program.’’.

6 (j) EXTENSION OF PROGRAM.—Section 17 of such Act

7 (42 U.S.C. 1786) is amended—

8 (1) in the first sentence of subsection (g)(1), by

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

10 ‘‘1995 through 1998’’; and

11 (2) in the first sentence of subsection (h)(2)(A),

12 by striking ‘‘1990, 1991, 1992, 1993 and 1994’’ and

13 inserting ‘‘1995 through 1998’’.

14 (k) USE OF FUNDS FOR TECHNICAL ASSISTANCE AND

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

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

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

18 projects’’ and inserting ‘‘administration of pilot

19 projects’’; and

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

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

22 research evaluation projects of the programs under

23 this section’’.
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1 (l) BREASTFEEDING PROMOTION AND SUPPORT AC2 TIVITIES.—Section 17(h)(3) of such Act (42 U.S.C.

3 1786(h)(3)) is amended—

4 (1) in subparagraph (A)(i)(II)—

5 (A) by striking ‘‘an amount’’ and inserting

6 ‘‘except as otherwise provided in subparagraphs

7 (F) and (G), an amount’’; and

8 (B) by striking ‘‘$8,000,000,’’ and inserting

9 ‘‘the national minimum breastfeeding promotion

10 expenditure, as described in subparagraph (E),’’;

11 and

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

14 ‘‘(E) In the case of fiscal year 1996 (except as provided

15 in subparagraph (G)) and each subsequent fiscal year, the

16 national minimum breastfeeding promotion expenditure

17 means an amount that is—

18 ‘‘(i) equal to $21 multiplied by the number of

19 pregnant women and breastfeeding women participat20 ing in the program nationwide, based on the average

21 number of pregnant women and breastfeeding women

22 so participating during the last 3 months for which

23 the Secretary has final data; and
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1 ‘‘(ii) adjusted for inflation on October 1, 1996,

2 and each October 1 thereafter, in accordance with

3 paragraph (1)(B)(ii).

4 ‘‘(F) In the case of fiscal year 1995, a State shall pay,

5 in lieu of the expenditure required under subparagraph

6 (A)(i)(II), an amount that is equal to the lesser of—

7 ‘‘(i) an amount that is more than the expendi8 ture of the State for fiscal year 1994 on the activities

9 described in subparagraph (A)(i); or

10 ‘‘(ii) an amount that is equal to $21 multiplied

11 by the number of pregnant women and breastfeeding

12 women participating in the program in the State,

13 based on the average number of pregnant women and

14 breastfeeding women so participating during the last

15 3 months for which the Secretary has final data.

16 ‘‘(G)(i) If the Secretary determines that a State agency

17 is unable, for reasons the Secretary considers to be appro18 priate, to make the expenditure required under subpara19 graph (A)(i)(II) for fiscal year 1996, the Secretary may

20 permit the State to make the required level of expenditure

21 not later than October 1, 1996.

22 ‘‘(ii) In the case of fiscal year 1996, if the Secretary

23 makes a determination described in clause (i), a State shall

24 pay, in lieu of the expenditure required under subpara25 graph (A)(i)(II), an amount that is equal to the lesser of—
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1 ‘‘(I) an amount that is more than the expendi2 ture of the State for fiscal year 1995 on the activities

3 described in subparagraph (A)(i); and

4 ‘‘(II) an amount that is equal to $21 multiplied

5 by the number of pregnant women and breastfeeding

6 women participating in the program in the State,

7 based on the average number of pregnant women and

8 breastfeeding women so participating during the last

9 3 months for which the Secretary has final data.’’.

10 (m) DEVELOPMENT OF STANDARDS FOR THE COLLEC11 TION OF BREASTFEEDING DATA.—Section 17(h)(4) of such

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

13 (1) by striking ‘‘and’’ at the end of subpara14 graph (C);

15 (2) by striking the period at the end of subpara16 graph (D) and inserting ‘‘; and’’; and

17 (3) by adding at the end the following new sub18 paragraph:

19 ‘‘(E) not later than 1 year after the date of en20 actment of this subparagraph, develop uniform re21 quirements for the collection of data regarding the in22 cidence and duration of breastfeeding among partici23 pants in the program and, on development of the uni24 form requirements, require each State agency to re-
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1 port the data for inclusion in the report to Congress

2 described in subsection (d)(4).’’.

3 (n) SUBMISSION OF INFORMATION TO CONGRESS ON

4 WAIVERS WITH RESPECT TO PROCUREMENT OF INFANT

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

6 1786(h)(8)(D)(iii)) is amended by striking ‘‘at 6-month in7 tervals’’ and inserting ‘‘on a timely basis’’.

8 (o) COST CONTAINMENT.—

9 (1) IN GENERAL.—Section 17(h)(8)(G) of such

10 Act (42 U.S.C. 1786(h)(8)(G)) is amended by adding

11 at the end the following new clause:

12 ‘‘(ix) Not later than September 30, 1996, the Secretary

13 shall offer to solicit bids on behalf of State agencies regard14 ing cost containment contracts to be entered into by infant

15 cereal manufacturers and State agencies. In carrying out

16 this clause, the Secretary shall, to the maximum extent fea17 sible, follow the procedures prescribed in this subparagraph

18 regarding offers made by the Secretary with regard to solic19 iting bids regarding infant formula cost containment con20 tracts. The Secretary may carry out this clause without is21 suing regulations.’’.

22 (2) REPEAL OF TERMINATION OF AUTHORITY.—

23 Section 209 of the WIC Infant Formula Procurement

24 Act of 1992 (Public Law 102–512; 42 U.S.C. 1786

25 note) is repealed.
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1 (p) PROHIBITION ON INTEREST LIABILITY TO FED2 ERAL GOVERNMENT ON REBATE FUNDS.—Section 17(h)(8)

3 of such Act (42 U.S.C. 1786(h)(8)) is amended by adding

4 at the end the following new subparagraph:

5 ‘‘(L) A State shall not incur any interest liability to

6 the Federal Government on rebate funds for infant formula

7 and other foods if all interest earned by the State on the

8 funds is used for program purposes.’’.

9 (q) USE OF UNIVERSAL PRODUCT CODES.—Section

10 17(h)(8) of such Act (42 U.S.C. 1786(h)(8)) (as amended

11 by subsection (p)) is further amended by adding at the end

12 the following new subparagraph:

13 ‘‘(M)(i) The Secretary shall establish pilot projects in

14 at least 1 State, with the consent of the State, to determine

15 the feasibility and cost of requiring States to carry out a

16 system for using universal product codes to assist retail food

17 stores that are vendors under the program in providing the

18 type of infant formula that the participants in the program

19 are authorized to obtain. In carrying out the projects, the

20 Secretary shall determine whether the system reduces the

21 incidence of incorrect redemptions of low-iron formula or

22 brands of infant formula not authorized to be redeemed

23 through the program, or both.

24 ‘‘(ii) The Secretary shall provide a notification to the

25 Committee on Education and Labor of the House of Rep-
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1 resentatives and the Committee on Agriculture, Nutrition,

2 and Forestry of the Senate regarding whether the system

3 is feasible, is cost-effective, reduces the incidence of incorrect

4 redemptions described in clause (i), and results in any ad5 ditional costs to States.

6 ‘‘(iii) The system shall not require a vendor under the

7 program to obtain special equipment and shall not be ap8 plicable to a vendor that does not have equipment that can

9 use universal product codes.’’.

10 (r) USE OF UNSPENT NUTRITION SERVICES AND AD11 MINISTRATION FUNDS.—Section 17(h) of such Act (42

12 U.S.C. 1786(h)) is amended by adding at the end the follow13 ing new paragraph:

14 ‘‘(10)(A) For each of fiscal years 1995 through 1998,

15 the Secretary shall use for the purposes specified in sub16 paragraph (B), $10,000,000 or the amount of nutrition

17 services and administration funds for the prior fiscal year

18 that has not been obligated, whichever is less.

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

20 for—

21 ‘‘(i) development of infrastructure for the pro22 gram under this section, including management in23 formation systems;
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1 ‘‘(ii) special State projects of regional or na2 tional significance to improve the services of the pro3 gram under this section; and

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

8 facilities to provide quality breastfeeding services.’’.

9 (s) SPENDBACK FUNDS.—Section 17(i)(3) of such Act

10 (42 U.S.C. 1786(i)(3)) is amended—

11 (1) in subparagraph (A)(i), by inserting ‘‘(except

12 as provided in subparagraph (H))’’ after ‘‘1 percent’’;

13 and

14 (2) by adding at the end the following new sub15 paragraph:

16 ‘‘(H) The Secretary may authorize a State agency to

17 expend not more than 3 percent of the amount of funds allo18 cated to a State under this section for supplemental foods

19 for a fiscal year for expenses incurred under this section

20 for supplemental foods during the preceding fiscal year, if

21 the Secretary determines that there has been a significant

22 reduction in infant formula cost containment savings pro23 vided to the State agency that would affect the ability of

24 the State agency to at least maintain the level of participa25 tion by eligible participants served by the State agency.’’.
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1 (t) ELIMINATION OF DUPLICATIVE MIGRANT RE2 PORTS.—Section 17 of such Act (42 U.S.C. 1786) is amend3 ed—

4 (1) in subsection (d)(4), by inserting after ‘‘Con5 gress’’ the following: ‘‘and the National Advisory

6 Council on Maternal, Infant, and Fetal Nutrition es7 tablished under subsection (k)’’; and

8 (2) by striking subsection (j).

9 (u) INITIATIVE TO PROVIDE PROGRAM SERVICES AT

10 COMMUNITY AND MIGRANT HEALTH CENTERS.—Section 17

11 of such Act (42 U.S.C. 1786) (as amended by subsection

12 (t)(2)) is further amended by inserting after subsection (i)

13 the following new subsection:

14 ‘‘(j)(1) The Secretary and the Secretary of Health and

15 Human Services (referred to in this subsection as the ‘Sec16 retaries’) shall jointly establish and carry out an initiative

17 for the purpose of providing both supplemental foods and

18 nutrition education under the special supplemental nutri19 tion program and health care services to low-income preg20 nant, postpartum, and breastfeeding women, infants, and

21 children at substantially more community health centers

22 and migrant health centers.

23 ‘‘(2) The initiative shall also include—

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

25 provision of supplemental foods and nutrition edu-
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1 cation under the special supplemental nutrition pro2 gram and health care services at facilities funded by

3 the Indian Health Service; and

4 ‘‘(B) the development and implementation of

5 strategies to ensure that, to the maximum extent fea6 sible, new community health centers, migrant health

7 centers, and other federally supported health care fa8 cilities established in medically underserved areas

9 provide supplemental foods and nutrition education

10 under the special supplemental nutrition program.

11 ‘‘(3) The initiative may include—

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

13 and local agencies and the facilities described in

14 paragraph (2)(A) and the health centers and facilities

15 described in paragraph (2)(B);

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

17 local areas; and

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

19 are appropriate.

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

21 shall provide to Congress a notification concerning the ac22 tions the Secretaries intend to take to carry out the initia23 tive.

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

25 provide to Congress a notification concerning the actions
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1 the Secretaries are taking under the initiative or actions

2 the Secretaries intend to take under the initiative as a re3 sult of their experience in implementing the initiative.

4 ‘‘(C) On completion of the initiative, the Secretaries

5 shall provide to Congress a notification concerning an eval6 uation of the initiative by the Secretaries and a plan of

7 the Secretaries to further the goals of the initiative.

8 ‘‘(5) As used in this subsection:

9 ‘‘(A) The term ‘community health center’ has the

10 meaning given the term in section 330(a) of the Pub11 lic Health Service Act (42 U.S.C. 254c(a)).

12 ‘‘(B) The term ‘migrant health center’ has the

13 meaning given the term in section 329(a)(1) of such

14 Act (42 U.S.C. 254b(a)(1)).’’.

15 (v) EXPANSION OF FARMERS’ MARKET NUTRITION

16 PROGRAM.—

17 (1) MATCHING REQUIREMENT FOR INDIAN STATE

18 AGENCIES.—Section 17(m)(3) of such Act (42 U.S.C.

19 1786(m)(3)) is amended by adding at the end the fol20 lowing new sentence: ‘‘The Secretary may negotiate

21 with an Indian State agency a lower percentage of

22 matching funds than is required under the preceding

23 sentence, but not lower than 10 percent of the total

24 cost of the program, if the Indian State agency dem-
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1 onstrates to the Secretary financial hardship for the

2 affected Indian tribe, band, group, or council.’’.

3 (2) EXPANSION.—Section 17(m)(5)(F) of such

4 Act (42 U.S.C. 1786(m)(5)(F)) is amended—

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

6 and inserting ‘‘17 percent’’;

7 (B) by striking clause (ii) and inserting the

8 following new clause:

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

10 receives assistance under this subsection, the Secretary

11 shall permit the State to use not more than 2 percent

12 of total program funds for market development or

13 technical assistance to farmers’ markets if the Sec14 retary determines that the State intends to promote

15 the development of farmers’ markets in socially or

16 economically disadvantaged areas, or remote rural

17 areas, where individuals eligible for participation in

18 the program have limited access to locally grown

19 fruits and vegetables.’’; and

20 (C) in clause (iii), strike ‘‘for the adminis21 tration of the program’’.

22 (3) CONTINUED FUNDING FOR CERTAIN STATES

23 UNDER FARMERS’ MARKET NUTRITION PROGRAM.—

24 Subparagraph (A) of section 17(m)(6) of such Act (42

25 U.S.C. 1786(m)(6)(A)) is amended to read as follows:
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1 ‘‘(A) The Secretary shall give the same preference for

2 funding under this subsection to eligible States that partici3 pated in the program under this subsection in a prior fiscal

4 year as to States that participated in the program in the

5 most recent fiscal year. The Secretary shall inform each

6 State of the award of funds as prescribed by subparagraph

7 (G) by February 15 of each year.’’.

8 (4) FUNDING REDUCTION FLOOR.—Section

9 17(m)(6)(B)(ii) of such Act (42 U.S.C.

10 1786(m)(6)(B)(ii)) is amended by striking ‘‘$50,000’’

11 each place it appears and inserting ‘‘$75,000’’.

12 (5) STATE PLAN SUBMISSION DATE.—Section

13 17(m)(6)(D)(i) of such Act (42 U.S.C.

14 1786(m)(6)(D)(i)) is amended by striking ‘‘at such

15 time and in such manner as the Secretary may rea16 sonably require’’ and inserting ‘‘by November 15 of

17 each year’’.

18 (6) PERCENTAGE OF ANNUAL APPROPRIATIONS

19 AVAILABLE TO STATES UNDER FARMERS’ MARKET NU20 TRITION PROGRAM.—Section 17(m)(6)(G) of such Act

21 (42 U.S.C. 1786(m)(6)(G)) is amended—

22 (A) in the first sentence of clause (i), by

23 striking ‘‘45 to 55 percent’’ and inserting ‘‘75

24 percent’’; and
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1 (B) in the first sentence of clause (ii), by

2 striking ‘‘45 to 55 percent’’ and inserting ‘‘25

3 percent’’.

4 (7) DATA COLLECTION REQUIREMENTS.—Section

5 17(m)(8) of such Act (42 U.S.C. 1786(m)(8)) is

6 amended by striking subparagraphs (D) and (E) and

7 inserting the following new subparagraphs:

8 ‘‘(D) the change in consumption of fresh fruits

9 and vegetables by recipients, if the information is

10 available;

11 ‘‘(E) the effects of the program on farmers’ mar12 kets, if the information is available; and’’.

13 (8) EXTENSION OF COUPON PROGRAM.—Section

14 17(m)(10)(A) of such Act (42 U.S.C.

15 1786(m)(10)(A))) is amended—

16 (A) by striking ‘‘$3,000,000 for fiscal year

17 1992, $6,500,000 for fiscal year 1993, and’’; and

18 (B) by inserting before the period at the end

19 ‘‘, $10,500,000 for fiscal year 1995, and such

20 sums as may be necessary for each of fiscal years

21 1996 through 1998’’.

22 (9) ELIMINATION OF FUNDING CARRYOVER PRO23 VISION UNDER FARMERS’ MARKET NUTRITION PRO24 GRAM.—Section 17(m)(10)(B)(i) of such Act (42

25 U.S.C. 1786(m)(10)(B)(i)) is amended—
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1 (A) in subclause (I), by striking ‘‘Except as

2 provided in subclause (II), each’’ and inserting

3 ‘‘Each’’; and

4 (B) in subclause (II), by striking ‘‘or may

5 be retained’’ and all that follows and inserting

6 a period.

7 (10) ELIMINATION OF REALLOCATION OF UNEX8 PENDED FUNDS WITH RESPECT TO DEMONSTRATION

9 PROJECTS UNDER FARMERS’ MARKET NUTRITION PRO10 GRAM.—Section 17(m)(10)(B)(ii) of such Act (42

11 U.S.C. 1786(m)(10)(B)(ii)) is amended by striking

12 the second sentence.

13 (11) DEFINITION.—Section 17(m)(11)(D) of such

14 Act (42 U.S.C. 1786(m)(11)(D)) is amended by in15 serting before the period at the end the following:

16 ‘‘and any other agency approved by the chief execu17 tive officer of the State’’.

18 (12) PROMOTION BY THE SECRETARY.—The Sec19 retary of Agriculture shall promote the use of farmers’

20 markets by recipients of Federal nutrition programs

21 administered by the Secretary.

22 (w) CHANGE IN NAME OF PROGRAM.—

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

24 U.S.C. 1786) is amended—
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1 (A) by striking the section heading and in2 serting the following new section heading:

3 ‘‘SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

4 WOMEN, INFANTS, AND CHILDREN’’;

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

6 by striking ‘‘special supplemental food program’’

7 and inserting ‘‘special supplemental nutrition

8 program’’;

9 (C) in the second sentence of subsection

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

11 program’’ each place it appears and inserting

12 ‘‘special supplemental nutrition program’’; and

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

14 ‘‘special supplemental food program’’ and insert15 ing ‘‘special supplemental nutrition program’’.

16 (2) CONFORMING AMENDMENTS.—

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

18 the Food Stamp Act of 1977 (7 U.S.C. 2018(c))

19 is amended by striking ‘‘special supplemental

20 food program’’ and inserting ‘‘special supple21 mental nutrition program’’.

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

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

24 1484a(b)(8)) is amended by striking ‘‘Special

25 Supplemental Food Program for Women, Infants

26 and Children’’ and inserting ‘‘special supple-
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1 mental nutrition program for women, infants,

2 and children’’.

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

4 United States Code, is amended by striking ‘‘spe5 cial supplemental food program’’ and inserting

6 ‘‘special supplemental nutrition program’’.

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

8 Service Act (42 U.S.C. 280c–6(b)(6)) is amended

9 by striking ‘‘special supplemental food program’’

10 and inserting ‘‘special supplemental nutrition

11 program’’.

12 (E) Paragraphs (11)(C) and (53)(A) of sec13 tion 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 insert16 ing ‘‘special supplemental nutrition program’’.

17 (F) Section 202(b) of the WIC Infant For18 mula Procurement Act of 1992 (Public Law

19 102–512; 42 U.S.C. 1786 note) is amended by

20 striking ‘‘special supplemental food program’’

21 and inserting ‘‘special supplemental nutrition

22 program’’.

23 (3) REFERENCES.—Any reference to the special

24 supplemental food program established under section

25 17 of the Child Nutrition Act of 1966 (42 U.S.C.
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1 1786) in any provision of law, regulation, document,

2 record, or other paper of the United States shall be

3 considered to be a reference to the special supple4 mental nutrition program established under such sec5 tion.

6 SEC. 205. NUTRITION EDUCATION AND TRAINING PRO7 GRAM.

8 (a) NAME OF PROGRAM.—Section 19 of the Child Nu9 trition Act of 1966 (42 U.S.C. 1788) is amended by striking

10 ‘‘information and education’’ each place it appears in sub11 sections (b), (c), (d)(1), (f)(1)(G), and (j)(1) and inserting

12 ‘‘education and training’’.

13 (b) NUTRITION EDUCATION PROGRAMS.—The second

14 sentence of section 19(c) of such Act (42 U.S.C. 1788(c))

15 is amended—

16 (1) in subparagraph (B), by striking ‘‘school

17 food service’’ and inserting ‘‘child nutrition pro18 gram’’;

19 (2) by striking ‘‘and’’ at the end of subpara20 graph (C); and

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

22 following: ‘‘; and (E) providing information to par23 ents and caregivers regarding the nutritional value of

24 food and the relationship between food and health’’.
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1 (c) NUTRITION EDUCATION AND TRAINING.—Section

2 19(d) of such Act (42 U.S.C. 1788(d)) is amended—

3 (1) in paragraph (1)(C), by inserting before the

4 period at the end the following: ‘‘, and the provision

5 of nutrition education to parents and caregivers’’;

6 (2) in the first sentence of paragraph (4), by

7 striking ‘‘educational and school food service person8 nel’’ and inserting ‘‘educational, school food service,

9 child care, and summer food service personnel’’; and

10 (3) in the first sentence of paragraph (5), by in11 serting after ‘‘schools’’ the following: ‘‘, and in child

12 care institutions and summer food service institu13 tions,’’.

14 (d) USE OF FUNDS.—Section 19(f)(1) of such Act (42

15 U.S.C. 1788(f)(1)) is amended—

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

17 ‘‘(f)(1)(A) The funds’’;

18 (2) by striking ‘‘for (A) employing’’ and insert19 ing ‘‘for—

20 ‘‘(i) employing’’;

21 (3) by redesignating subparagraphs (B) through

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

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

24 (ii) through (ix) (as redesignated by paragraph (3))
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1 so as to align with the margins of clause (i) (as

2 amended by paragraph (2));

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

4 (6) by redesignating clause (ix) as clause (xx);

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

6 new clauses:

7 ‘‘(ix) providing funding for a nutrition compo8 nent that can be offered in consumer and home9 making education programs as well as in the health

10 education curriculum offered to children in kinder11 garten through grade 12;

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

13 or other school staff on how to promote better nutri14 tional health and to motivate children from a variety

15 of linguistic and cultural backgrounds to practice

16 sound eating habits;

17 ‘‘(xi) developing means of providing nutrition

18 education in language appropriate materials to chil19 dren and families of children through after-school

20 programs;

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

23 ‘‘(xiii) creating instructional programming, in24 cluding language appropriate materials and pro25 gramming, for teachers, school food service personnel,
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1 and parents on the relationships between nutrition

2 and health and the role of the Food Guide Pyramid

3 established by the Secretary;

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

5 Nutrition and Education issued by the Secretary;

6 ‘‘(xv) encouraging public service advertisements,

7 including language appropriate materials and adver8 tisements, to promote healthy eating habits for

9 children;

10 ‘‘(xvi) coordinating and promoting nutrition

11 education and training activities in local school dis12 tricts (incorporating, to the maximum extent prac13 ticable, as a learning laboratory, child nutrition

14 programs);

15 ‘‘(xvii) contracting with public and private non16 profit educational institutions for the conduct of nu17 trition education instruction and programs relating

18 to the purpose of this section;

19 ‘‘(xviii) increasing public awareness of the im20 portance of breakfasts for providing the energy nec21 essary for the cognitive development of school-age

22 children;

23 ‘‘(xix) coordinating and promoting nutrition

24 education and training activities carried out under

25 child nutrition programs, including the summer food
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1 service program for children established under section

2 13 of the National School Lunch Act (42 U.S.C. 1761)

3 and the child and adult care food program established

4 under section 17 of such Act (42 U.S.C. 1766); and’’;

5 and

6 (8) by adding at the end the following new sub7 paragraph:

8 ‘‘(B) As used in this paragraph, the term ‘language

9 appropriate’ used with respect to materials, programming,

10 or advertisements means materials, program11 ming, or advertisements, respectively, using a

12 language other than the English language in a case in

13 which the language is dominant for a large percentage of

14 individuals participating in the program.’’.

15 (e) ADMINISTRATIVE PURPOSES.—Section 19(f) of

16 such Act (42 U.S.C. 1788(f)) is amended by striking para17 graph (3) and inserting the following new paragraph:

18 ‘‘(3) A State agency may use an amount equal to not

19 more than 15 percent of the funds made available through

20 a grant under this section for expenditures for administra21 tive purposes in connection with the program authorized

22 under this section if the State makes available at least an

23 equal amount for administrative or program purposes in

24 connection with the program.’’.
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1 (f) STATE COORDINATORS FOR NUTRITION; STATE

2 PLAN.—Section 19(h) of such Act (42 U.S.C. 1788(h)) is

3 amended—

4 (1) in the first sentence of paragraph (2), by in5 serting ‘‘and training’’ after ‘‘education’’; and

6 (2) in the third sentence of paragraph (3)—

7 (A) by striking ‘‘and’’ at the end of sub8 paragraph (D); and

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

10 the following: ‘‘; and (F) a comprehensive plan

11 for providing nutrition education during the

12 first fiscal year beginning after the submission of

13 the plan and the succeeding 4 fiscal years’’.

14 (g) AUTHORIZATION OF APPROPRIATIONS.—Section

15 19(i)(2)(A) of such Act (42 U.S.C. 1788(i)(2)(A)) is amend16 ed to read as follows:

17 ‘‘(A) Out of any moneys in the Treasury not otherwise

18 appropriated, and in addition to any amounts otherwise

19 made available for fiscal year 1995, the Secretary of the

20 Treasury shall provide to the Secretary $1,000 for fiscal

21 year 1995 and $10,000,000 for fiscal year 1996 and each

22 succeeding fiscal year for making grants under this section

23 to each State for the conduct of nutrition education and

24 training programs. The Secretary shall be entitled to receive

25 the funds and shall accept the funds.’’.
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1 (h) AVAILABILITY OF FUNDS.—Section 19(i) of such

2 Act (42 U.S.C. 1788(i)) is amended—

3 (1) by redesignating paragraph (3) as para4 graph (4); and

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

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

8 section shall remain available to the State for obligation

9 in the fiscal year succeeding the fiscal year in which the

10 funds were received by the State.’’.

11 TITLE III—MISCELLANEOUS

12 PROVISIONS

13 SEC. 301. CONSOLIDATION OF SCHOOL LUNCH PROGRAM

14 AND SCHOOL BREAKFAST PROGRAM INTO

15 COMPREHENSIVE MEAL PROGRAM.

16 (a) IN GENERAL.—Notwithstanding any provision of

17 National School Lunch Act (42 U.S.C. 1751 et seq.) or the

18 Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except

19 as otherwise provided in this section, the Secretary of Agri20 culture shall, not later than 18 months after the date of

21 enactment of this Act, develop and implement regulations

22 to consolidate the school lunch program under the National

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

24 breakfast program under section 4 of the Child Nutrition
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1 Act of 1966 (42 U.S.C. 1773) into a comprehensive meal

2 program.

3 (b) REQUIREMENTS.—In establishing the comprehen4 sive meal program under subsection (a), the Secretary shall

5 meet the following requirements:

6 (1) The Secretary shall ensure that the program

7 continues to serve children who are eligible for free

8 and reduced price meals. The meals shall meet the nu9 tritional requirements of section 9(a)(1) of the Na10 tional School Lunch Act (42 U.S.C. 1758(a)(1)) and

11 section 4(e)(1) of the Child Nutrition Act of 1966 (42

12 U.S.C. 1773(e)(1)).

13 (2) The Secretary shall continue to make break14 fast assistance payments in accordance with section 4

15 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)

16 and food assistance payments in accordance with the

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

18 (3) The Secretary may not consolidate any as19 pect of the school lunch program or the school break20 fast program with respect to any matter described in

21 any of subparagraphs (A) through (N) of section

22 12(k)(4) of the National School Lunch Act (42 U.S.C.

23 1760(k)(4)).

24 (c) PLAN AND RECOMMENDATIONS.—
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1 (1) PLAN FOR CONSOLIDATION AND SIMPLIFICA2 TION.—Not later than 180 days prior to implement3 ing the regulations described in subsection (a), the

4 Secretary shall prepare and submit to the Committee

5 on Education and Labor of the House of Representa6 tives and the Committee on Agriculture, Nutrition,

7 and Forestry of the Senate a plan for the consolida8 tion and simplification of the school lunch program

9 and the school breakfast program.

10 (2) RECOMMENDATIONS WITH RESPECT TO

11 CHANGE IN PAYMENT AMOUNTS.—If the Secretary

12 proposes to change the amount of the breakfast assist13 ance payment or the food assistance payment under

14 the comprehensive meal program, the Secretary shall

15 not include the change in the consolidation and shall

16 prepare and submit to the Committee on Education

17 and Labor, and the Committee on Agriculture, of the

18 House of Representatives and the Committee on Agri19 culture, Nutrition, and Forestry of the Senate rec20 ommendations for legislation to effect the change.
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1 SEC. 302. STUDY AND REPORT RELATING TO USE OF PRI2 VATE FOOD ESTABLISHMENTS AND CATER3 ERS UNDER SCHOOL LUNCH PROGRAM AND

4 SCHOOL BREAKFAST PROGRAM.

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

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

7 Technology Assessment, shall conduct a study on the use

8 of private food establishments and caterers by schools that

9 participate in the school lunch program under the National

10 School Lunch Act (42 U.S.C. 1751 et seq.) or the school

11 breakfast program under section 4 of the Child Nutrition

12 Act of 1966 (42 U.S.C. 1773). In conducting the study, the

13 Comptroller General of the United States shall—

14 (1) examine the extent to which, manner in

15 which, and terms under which the private food estab16 lishments and caterers supply meals and food to stu17 dents and schools that participate in the school lunch

18 program or the school breakfast program;

19 (2) determine the nutritional profile of all foods

20 provided to students during school hours;

21 (3) evaluate the impact that the services provided

22 by the establishments and caterers have on local child

23 nutrition programs and the ability of the establish24 ments and caterers to utilize the commodities under

25 section 14 of the National School Lunch Act (42

26 U.S.C. 1762a); and
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1 (4) examine the impact that private food estab2 lishments and caterers have on—

3 (A) student participation in the national

4 school lunch program;

5 (B) school food service employment;

6 (C) generation of revenues through school

7 lunch sales and a la carte sales of food in

8 schools; and

9 (D) the number of students leaving schools

10 during lunch periods.

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

12 Comptroller General of the United States shall submit to

13 the Committee on Education and Labor, and the Committee

14 on Agriculture, of the House of Representatives and the

15 Committee on Agriculture, Nutrition, and Forestry of the

16 Senate a report that contains the findings, determinations,

17 and evaluations of the study conducted pursuant to sub18 section (a).

19 SEC. 303. AMENDMENT TO COMMODITY DISTRIBUTION RE20 FORM ACT AND WIC AMENDMENTS OF 1987.

21 Section 3(h)(3) of the Commodity Distribution Reform

22 Act and WIC Amendments of 1987 (Public Law 100–237;

23 7 U.S.C. 612c note) is amended—

24 (1) by striking ‘‘Hawaii,’’; and
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1 (2) by adding at the end the following new sen2 tence: ‘‘The requirement established in paragraph (1)

3 shall apply to recipient agencies in Hawaii only with

4 respect to the purchase of pineapples.’’.

5 SEC. 304. STUDY OF THE EFFECT OF COMBINING FEDER6 ALLY DONATED AND FEDERALLY INSPECTED

7 MEAT OR POULTRY.

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

9 States shall conduct a study on the incidence and the effect

10 of States restricting or prohibiting a legally contracted com11 mercial entity from physically combining federally donated

12 and inspected meat or poultry from another State.

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

14 Comptroller General of the United States shall submit to

15 the Committee on Education and Labor and the Committee

16 on Agriculture of the House of Representatives and the

17 Committee on Agriculture, Nutrition, and Forestry of the

18 Senate a report that describes the findings, determinations,

19 and evaluations of the study conducted pursuant to sub20 section (a).

21 TITLE IV—EFFECTIVE DATE

22 SEC. 401. EFFECTIVE DATE.

23 Except as otherwise provided in this Act, this Act and

24 the amendments made by this Act shall become effective on

25 October 1, 1994.
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103D CONGRESS

2D SESSION S. 1614

AMENDMENT