I 

114TH CONGRESS 

2D SESSION H. R. 5003 

To reauthorize child nutrition programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2016 

Mr. ROKITA introduced the following bill; which was referred to the Committee 

on Education and the Workforce, and in addition to the Committee on 

the Budget, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reauthorize child nutrition programs, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Improving Child Nutrition and Education Act of 2016’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—NATIONAL SCHOOL LUNCH ACT 


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Sec. 100. Authorized State agency. 

Sec. 101. Apportionments to States. 

Sec. 102. Repeal of nutrition promotion. 

Sec. 103. Direct Federal expenditures. 

Sec. 104. Nutritional and other program requirements. 

Sec. 105. Miscellaneous provisions. 

Sec. 106. Summer food service program for children. 

Sec. 107. Commodity distribution program. 

Sec. 108. Child and adult care food program. 

Sec. 109. Demonstration projects. 

Sec. 110. Fruit and vegetable program. 

Sec. 111. Compliance and accountability. 

Sec. 112. Repeal of State childhood hunger challenge grants. 

Sec. 113. Duties of the Secretary relating to nonprocurement debarment. 

Sec. 114. Improvements to school lunch facilities. 

Sec. 115. Prohibitions. 

TITLE II—CHILD NUTRITION ACT 

Sec. 201. Special milk program authorization. 

Sec. 202. School breakfast program. 

Sec. 203. State administrative expenses. 

Sec. 204. Regulations. 

Sec. 205. Definition of authorized State agency. 

Sec. 206. Special supplemental nutrition program for women, infants, and children. 

Sec. 207. Team nutrition network. 

TITLE III—MISCELLANEOUS 

Sec. 301. Reviews. 

Sec. 302. Program delivery. 

Sec. 303. Product availability. 

Sec. 304. Procurement. 

Sec. 305. School Nutrition Advisory Committee. 

Sec. 306. Paperwork reduction. 

Sec. 307. Technology. 

Sec. 308. Technical corrections. 

Sec. 309. Budgetary effects. 

Sec. 310. Effective date. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Agriculture. 


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1 TITLE I—NATIONAL SCHOOL 

2 LUNCH ACT 

3 SEC. 100. AUTHORIZED STATE AGENCY. 

4 In each of the following Acts, strike ‘‘State Edu5 cational Agency’’ each place such term appears and insert 

6 ‘‘authorized State agency’’: 

7 (1) The Richard B. Russell National School 

8 Lunch Act (42 U.S.C. 1751 et seq.). 

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

10 1771 et seq.). 

11 SEC. 101. APPORTIONMENTS TO STATES. 

12 Section 4(b) of the Richard B. Russell National 

13 School Lunch Act (42 U.S.C. 1753(b)) is amended— 

14 (1) in paragraph (3)— 

15 (A) in subparagraph (B), by striking ‘‘Be16 ginning on’’ and all that follows through ‘‘the 

17 Secretary’’ and inserting ‘‘The Secretary’’; 

18 (B) in subparagraph (E), by striking ‘‘Be19 ginning on’’ and all that follows through 

20 ‘‘school food authorities’’ and inserting ‘‘School 

21 food authorities’’; and 

22 (C) in subparagraph (F)— 

23 (i) in clause (iii)(I), by inserting ‘‘(as 

24 in effect on the day before the date of the 

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1 tion and Education Act of 2016)’’ after 

2 ‘‘subparagraph (A)(i)’’; and 

3 (ii) by adding at the end the fol4 lowing: 

5 ‘‘(III) SUNSET.—The Secretary shall 

6 return to the general fund of the Treasury 

7 any funds that were made available under 

8 this subparagraph but not obligated by a 

9 State agency as of September 30, 2016.’’; 

10 and 

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

12 ‘‘(4) ANNOUNCEMENTS.—With respect to reim13 bursement rates described in this subsection, the 

14 Secretary shall announce the rates and, to the max15 imum extent practicable, any associated guidance by 

16 February 15 of the school year prior to the school 

17 year for which the rates and guidance will become 

18 effective.’’. 

19 SEC. 102. REPEAL OF NUTRITION PROMOTION. 

20 Section 5 of the Richard B. Russell National School 

21 Lunch Act (42 U.S.C. 1754) is repealed. 

22 SEC. 103. DIRECT FEDERAL EXPENDITURES. 

23 Section 6 of the Richard B. Russell National School 

24 Lunch Act (42 U.S.C. 1755) is amended— 

25 (1) in subsection (c)— 


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1 (A) by striking ‘‘(c)(1)(A) The national av2 erage’’ and all that follows through ‘‘(D) 

3 Among those commodities’’ and inserting the 

4 following: 

5 ‘‘(c) CALCULATION OF TOTAL ASSISTANCE.— 

6 ‘‘(1) NATIONAL AVERAGE VALUE.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graphs (B) and (C), the national average value 

9 of donated foods, or cash payments in lieu 

10 thereof, shall be equal to the quotient obtained 

11 by dividing, not later than February 15 of each 

12 year for the upcoming school year— 

13 ‘‘(i) the total funds available in the 

14 preceding school year under section 4, this 

15 section, and section 11; by 

16 ‘‘(ii) the number of lunches served in 

17 the preceding school year in all schools 

18 participating in the school lunch program 

19 under this Act. 

20 ‘‘(B) ADJUSTMENT.— 

21 ‘‘(i) IN GENERAL.—The value deter22 mined under subparagraph (A) shall be ad23 justed by the annual percentage change in 

24 a 3-month average value of the Producer 

25 Price Index for Foods Used in Schools and 


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1 Institutions of the Bureau of Labor Statis2 tics (in this subparagraph referred to as 

3 the ‘Index’) for the preceding September, 

4 October, and November. 

5 ‘‘(ii) REQUIREMENT.—An adjustment 

6 under clause (i) shall be computed to the 

nearest 1 7 ⁄4 cent. 

8 ‘‘(iii) INDEX.— 

9 ‘‘(I) IN GENERAL.—The Index 

10 shall be computed using 5 major food 

11 components in the Index (cereal and 

12 bakery products, meats, poultry and 

13 fish, dairy products, processed fruits 

14 and vegetables, and fats and oils). 

15 ‘‘(II) COMPONENTS.—Each com16 ponent described in subclause (I) shall 

17 be weighted using the same relative 

18 weight as determined by the Bureau 

19 of Labor Statistics. 

20 ‘‘(iv) MINIMUM AMOUNT OF COM21 MODITY ASSISTANCE.—Not less than 12 

22 percent of the value adjusted in accordance 

23 with this subparagraph shall be provided in 

24 the form of commodity assistance. 


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1 ‘‘(C) INSUFFICIENT AMOUNTS.—If 

2 amounts available to carry out section 4, this 

3 section, and section 11 are insufficient to meet 

4 the requirements of such sections for a school 

5 year, the Secretary shall, to the extent nec6 essary, use the authority provided under section 

7 14(a) to meet the requirements for the school 

8 year. 

9 ‘‘(D) AMOUNT FOR EACH STATE.—For 

10 each school year, the total commodity assist11 ance or cash in lieu thereof available to a State 

12 for the school lunch program shall be equal to 

13 the product obtained by multiplying— 

14 ‘‘(i) the number of lunches served in 

15 such State in the most recent school year 

16 for which data are available; by 

17 ‘‘(ii) the rate determined under sub18 paragraphs (A) and (B). 

19 ‘‘(E) SPECIAL EMPHASIS.—Among those 

20 commodities’’; and 

21 (B) in paragraph (1), by striking ‘‘(E) 

22 Notwithstanding’’ and inserting the following: 

23 ‘‘(F) MINIMUM QUANTITY OF DONATED

24 FOODS.—Notwithstanding’’; 

25 (2) by striking subsection (e); and 


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1 (3) by redesignating subsection (f) as sub2 section (e). 

3 SEC. 104. NUTRITIONAL AND OTHER PROGRAM REQUIRE4 MENTS. 

5 Section 9 of the Richard B. Russell National School 

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

7 (1) by striking the section heading and designa8 tion and all that follows through the end of para9 graph (1) in subsection (a) and inserting the fol10 lowing: 

11 ‘‘SEC. 9. NUTRITIONAL AND OTHER PROGRAM REQUIRE12 MENTS. 

13 ‘‘(a) REQUIREMENTS.— 

14 ‘‘(1) TECHNICAL ASSISTANCE AND TRAINING.— 

15 The Secretary shall provide— 

16 ‘‘(A) technical assistance and training to 

17 schools participating in the school lunch pro18 gram to assist the schools in complying with the 

19 nutritional requirements prescribed by the Sec20 retary pursuant to subsection (f) and in pro21 viding appropriate meals to children with medi22 cally certified special dietary needs, including 

23 food allergies or other special dietary needs of 

24 individual children, including religious dietary 

25 restrictions; and 


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1 ‘‘(B) additional technical assistance to 

2 schools that are having difficulty maintaining 

3 compliance with the requirements.’’; 

4 (2) in subsection (a)— 

5 (A) in paragraph (2), by adding at the end 

6 the following: 

7 ‘‘(D) FLUID MILK CONSIDERATIONS.—In 

8 determining varieties of fluid milk that shall be 

9 available with school meals programs under this 

10 Act and section 4 of the Child Nutrition Act of 

11 1966 (42 U.S.C. 1773) and outside of the 

12 school meal programs, the Secretary, not later 

13 than 90 days after the date of enactment of the 

14 Improving Child Nutrition and Education Act 

15 of 2016, shall carry out the following: 

16 ‘‘(i) Consider the critical nutrient 

17 needs of children who may be at risk for 

18 inadequate intake of the recommended 

19 daily servings of milk and dairy products 

20 under the most recent Dietary Guidelines 

21 described in subparagraph (A)(i) and con22 form the applicable regulations to such 

23 guidelines. 

24 ‘‘(ii) Analyze milk consumption data 

25 and trends for school-aged children, and to 


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1 the extent practicable, increase actual milk 

2 consumption in schools in a manner con3 sistent with the number of servings rec4 ommended under such Dietary Guidelines, 

5 and ensure that schools may offer any type 

6 of milk, including milk with fat levels that 

7 are in compliance with such Dietary Guide8 lines. 

9 ‘‘(E) MILK VARIETY CONSIDERATIONS.—In 

10 determining milk varieties eligible for schools to 

11 offer, the Secretary shall consider the most 

12 commonly available types, sizes, containers, and 

13 varieties of milk in local, regional, and national 

14 markets to promote competition and reduce 

15 milk waste.’’; 

16 (B) by striking ‘‘(4) PROVISION OF INFOR17 MATION’’ and all that follows through ‘‘(C) 

18 PROCUREMENT AND PROCESSING OF FOOD

19 SERVICE PRODUCTS AND COMMODITIES.—The 

20 Secretary’’ and inserting the following: 

21 ‘‘(4) PROCUREMENT AND PROCESSING OF FOOD

22 SERVICE PRODUCTS AND COMMODITIES.—The Sec23 retary’’; and 

24 (C) in paragraph (4) (as so designated)— 


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1 (i) by redesignating clauses (i) 

2 through (iii) as subparagraphs (A) through 

3 (C), respectively, and indenting appro4 priately; and 

5 (ii) by redesignating subclauses (I) 

6 and (II) as clauses (i) and (ii), respec7 tively, and indenting appropriately; 

8 (3) in subsection (b)— 

9 (A) in paragraph (2)(B)— 

10 (i) in clause (i), by striking ‘‘, and 

11 shall contain only the family size income 

12 levels for reduced price meal eligibility with 

13 the explanation that households with in14 comes less than or equal to these values 

15 would be eligible for free or reduced price 

16 lunches’’; 

17 (ii) in clause (ii), by inserting ‘‘or re18 duced price’’ after ‘‘free’’; 

19 (iii) in clause (iii)(I)— 

20 (I) in item (aa), by striking 

21 ‘‘and’’ at the end; 

22 (II) in item (bb), by striking the 

23 period at the end and inserting ‘‘; 

24 and’’; and 


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1 (III) by adding at the end the 

2 following: 

3 ‘‘(cc) individuals may report 

4 alleged fraud to the Office of the 

5 Inspector General of the Depart6 ment of Agriculture.’’; and 

7 (iv) by adding at the end the fol8 lowing: 

9 ‘‘(iv) REPORTING OF FRAUD.—The 

10 Secretary shall ensure that the Internet 

11 website of the Department of Agriculture 

12 prominently displays a link to the Internet 

13 website of the Office of the Inspector Gen14 eral of the Department and the phone 

15 number of the Office of the Inspector Gen16 eral through which an individual may re17 port any alleged fraud. 

18 ‘‘(v) APPLICATION FORMS.—Not later 

19 than 120 days after the date of the enact20 ment of the Improving Child Nutrition and 

21 Education Act of 2016, the Secretary 

22 shall— 

23 ‘‘(I) review the most current ap24 plication forms, including paper and 

25 digital, used to apply for participation 


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1 in the school lunch program author2 ized under this Act and the school 

3 breakfast program established by sec4 tion 4 of the Child Nutrition Act of 

5 1966 (42 U.S.C. 1773); 

6 ‘‘(II) provide to States guidance 

7 relating to best practices, including at 

8 a minimum a standard application 

9 form for use by local educational 

10 agencies or schools; 

11 ‘‘(III) provide to States guidance 

12 relating to how to improve the appli13 cation to ensure families understand 

14 and can enroll in the school lunch pro15 gram and the school breakfast pro16 gram; and 

17 ‘‘(IV) provide to States such in18 formation as is necessary to ensure 

19 that States understand school food 

20 authorities may not— 

21 ‘‘(aa) require or mandate 

22 families apply for either program; 

23 ‘‘(bb) request that a family 

24 apply for the program after the 

25 parent or guardian has informed 


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1 the school that the family does 

2 not want to participate in the 

3 program or receive additional in4 formation about the program in 

5 that school year; or 

6 ‘‘(cc) in the case of a family 

7 that has not informed the school 

8 about their choice, request more 

9 than twice in that school year 

10 that such family apply for the 

11 program if such family has not 

12 submitted an application, except 

13 that providing information about 

14 the application (including how 

15 and when the application will be 

16 sent to parents and how to fill 

17 out the application) shall not 

18 count as a request to apply.’’; 

19 (B) in paragraph (3)— 

20 (i) by striking subparagraph (D) and 

21 inserting the following: 

22 ‘‘(D) VERIFICATION.— 

23 ‘‘(i) STANDARD VERIFICATION OF AP24 PLICATIONS.— 


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1 ‘‘(I) IN GENERAL.—Beginning 

2 with the second school year that be3 gins after the date of the enactment 

4 of the Improving Child Nutrition and 

5 Education Act of 2016, each school 

6 year, each local educational agency 

7 shall verify the eligibility of the chil8 dren in a portion of the household ap9 plications approved for the school year 

10 by the local educational agency, as of 

11 November 1 of the school year, as de12 termined by the Secretary in accord13 ance with this subsection. 

14 ‘‘(II) SAMPLE SIZE.— 

15 ‘‘(aa) IN GENERAL.—The 

16 portion for a local educational 

17 agency for a school year shall 

18 equal the lesser of— 

19 ‘‘(AA) 10,000; or 

20 ‘‘(BB) 10 percent of 

21 approved household applica22 tions. 

23 ‘‘(bb) CALCULATION.—Not 

24 later than July 1 of each year, 

25 the Secretary shall calculate the 


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1 sample size under this subpara2 graph for each local educational 

3 agency based on data from the 2 

4 most recent school years avail5 able. 

6 ‘‘(III) SAMPLE SELECTION.—Ap7 plications shall be selected for 

8 verification by the local educational 

9 agency based on indications that in10 formation relevant to eligibility is in11 consistent with the information pro12 vided on the application, including at 

13 a minimum the following: 

14 ‘‘(aa) The household has 

15 submitted information in writing 

16 to the local educational agency 

17 that is inconsistent with the in18 formation on the application. 

19 ‘‘(bb) The information pro20 vided on the application is con21 sistent with a pattern of error or 

22 fraud detected by the local edu23 cational agency, the State agen24 cy, or the Secretary. 


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‘‘(cc) For not more than 1 1 ⁄4

2 of the sample, students who are 

3 directly certified or the applica4 tion provides a case number (in 

5 lieu of income information) show6 ing participation in— 

7 ‘‘(AA) the supplemental 

8 nutrition assistance program 

9 established under the Food 

10 and Nutrition Act of 2008 

11 (7 U.S.C. 2011 et seq.); or 

12 ‘‘(BB) a State program 

13 funded under the program 

14 of block grants to States for 

15 temporary assistance for 

16 needy families established 

17 under part A of title IV of 

18 the Social Security Act (42 

19 U.S.C. 601 et seq.) that the 

20 Secretary determines com21 plies with standards estab22 lished by the Secretary that 

23 ensure that the eligibility re24 quirements under the State 

25 program are comparable to 


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1 the requirements for partici2 pation in accordance with 

3 this Act and the Child Nu4 trition Act of 1966 (42 

5 U.S.C. 1771 et seq.). 

‘‘(dd) For not more than 1 6 ⁄4

7 of the sample, the income infor8 mation provided on the applica9 tion is close to the income limit 

10 for free or reduced price meals, 

11 as determined by the local edu12 cational agency each year. 

13 ‘‘(ee) Such other criteria as 

14 is determined by the State. 

15 ‘‘(IV) ADDITIONAL VERIFICATION

16 OF APPLICATIONS.—If the number of 

17 applications that match the criteria 

18 described in subclause (III) is insuffi19 cient to meet the number of applica20 tions determined under subclause (II), 

21 the local educational agency shall se22 lect additional applications at random. 

23 ‘‘(ii) VERIFICATION FOR CAUSE.—In 

24 addition to conducting verification of a 

25 sample of applications as described in 


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1 clause (i), a local educational agency may 

2 verify any household application at any 

3 point in the school year if the household 

4 application meets the criteria described in 

5 item (aa), (bb), or (cc) of clause (i)(III) or 

6 such other criteria as is determined by the 

7 Secretary. 

8 ‘‘(iii) COMPLIANCE.—In conducting 

9 verification under this subparagraph, a 

10 State agency or local educational agency 

11 shall not select applications in a manner 

12 that violates section 12(l)(4)(M).’’; 

13 (ii) in subparagraph (F)— 

14 (I) in clause (i), in the matter 

15 preceding subclause (I), by striking 

16 ‘‘may’’ and inserting ‘‘shall’’; and 

17 (II) by striking clauses (iv) and 

18 (v) and inserting the following: 

19 ‘‘(iv) DIRECT CERTIFICATION.—If eli20 gibility for a household application is con21 firmed using direct verification, each child 

22 in the household shall be considered di23 rectly certified.’’; 

24 (iii) in subparagraph (G)— 


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1 (I) in clause (iii), by striking ‘‘1 

2 attempt’’ and inserting ‘‘2 attempts’’; 

3 and 

4 (II) by adding at the end the fol5 lowing: 

6 ‘‘(v) VALIDITY OF VERIFICATION RE7 SULTS.— 

8 ‘‘(I) DEFINITIONS.—In this 

9 clause: 

10 ‘‘(aa) APPROVED APPLICA11 TION.—The term ‘approved ap12 plication’ includes each student 

13 on a paper or electronic applica14 tion approved by the local edu15 cational agency for free or re16 duced price lunches for the school 

17 year. 

18 ‘‘(bb) RESPONSE RATE.— 

19 The term ‘response rate’ means 

20 the percentage of the approved 

21 household applications of the 

22 local educational agency for 

23 which verification information 

24 was obtained after attempted 

25 verification under this section. 


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1 ‘‘(cc) NONRESPONSE

2 RATE.—The term ‘nonresponse 

3 rate’ means the percentage of the 

4 approved household applications 

5 of the local educational agency 

6 for which verification information 

7 was not obtained after attempted 

8 verification under this section. 

9 ‘‘(dd) CONFIRMATION

10 RATE.—The term ‘confirmation 

11 rate’ means the percentage of ap12 proved household applications 

13 and directly certified students se14 lected by the local educational 

15 agency for verification under this 

16 subparagraph that had the level 

17 of benefits confirmed as a result 

18 of information obtained during 

19 the verification process. 

20 ‘‘(II) REDUCTIONS.— 

21 ‘‘(aa) IN GENERAL.—The 

22 sample under subparagraph 

23 (D)(i)(II) may be reduced by not 

24 more than the lesser of 2,500 ap25 plications or 2.5 percentage 


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1 points for each of the criteria de2 scribed in subclause (III) that 

3 are met by the local educational 

4 agency. 

5 ‘‘(bb) LIMITATION.—Reduc6 tions under item (aa) may result 

7 in a sample of not less than 2.5 

8 percent of approved applications. 

9 ‘‘(III) CRITERIA.—The criteria 

10 referred to in subclause (II)(aa) are 

11 as follows: 

12 ‘‘(aa) RESPONSE RATE.— 

13 For the preceding school year the 

14 response rate was more than 85 

15 percent. 

16 ‘‘(bb) NONRESPONSE RATE

17 REDUCTION.—The nonresponse 

18 rate was at least 15 percent 

19 below the nonresponse rate for 

20 the second preceding school year. 

21 ‘‘(cc) CONFIRMATION

22 RATE.—The confirmation rate is 

23 100 percent or has increased by 

24 at least 5 percent over the two 


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1 most recent school years for 

2 which data is available. 

3 ‘‘(dd) ADMINISTRATIVE

4 BURDEN REDUCTION.— 

5 ‘‘(AA) IN GENERAL.— 

6 The local educational agency 

7 receives a determination 

8 from the Secretary that 

9 compliance with subpara10 graph (D)(i)(II) would 

11 render the local educational 

12 agency unable to administer 

13 the program. 

14 ‘‘(BB) REQUIRE15 MENT.—The Secretary shall 

16 develop a system by which 

17 to measure cost and admin18 istrative burden associated 

19 with compliance with sub20 paragraph (D)(i)(II) and 

21 shall consider requests from 

22 local educational agencies 

23 based on that system.’’; 

24 (iv) in subparagraph (H)(i)— 


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1 (I) in subclause (I), by striking 

2 ‘‘November’’ and inserting ‘‘Decem3 ber’’; and 

4 (II) in subclause (II), by striking 

5 ‘‘December’’ and inserting ‘‘January’’; 

6 (v) in subparagraph (K)(i), in the 

7 matter preceding subclause (I), by striking 

8 ‘‘data mining’’ and inserting ‘‘analyses of 

9 data’’; 

10 (vi) by amending subparagraph (K)(ii) 

11 to read as follows: 

12 ‘‘(ii) REPORT.—Not later than two 

13 years after the date of the enactment of 

14 the Improving Child Nutrition and Edu15 cation Act of 2016, the Secretary shall 

16 submit to the Committee on Education and 

17 the Workforce of the House of Representa18 tives and Committee on Agriculture, Nutri19 tion, and Forestry of the Senate a report 

20 describing— 

21 ‘‘(I) the results of the feasibility 

22 study conducted under this sub23 section; 

24 ‘‘(II) how a computer system— 


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1 ‘‘(aa) used to reduce 

2 verification and certification er3 rors can be adapted to further 

4 reduce errors; and 

5 ‘‘(bb) using technology de6 scribed in clause (i) could be im7 plemented; and 

8 ‘‘(III) a plan to adapt or imple9 ment such system.’’; 

10 (vii) by adding at the end the fol11 lowing: 

12 ‘‘(L) ENHANCED VERIFICATION METH13 ODS.— 

14 ‘‘(i) REQUIREMENTS.— 

15 ‘‘(I) IN GENERAL.—The Sec16 retary shall help local educational 

17 agencies engage in alternative and en18 hanced methods of certification and 

19 verification to increase the effective20 ness of the process, reduce certifi21 cation errors, and produce more 

22 meaningful management information 

23 to facilitate local educational agency, 

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1 spect to program integrity in the 

2 school meal programs. 

3 ‘‘(II) BEST PRACTICES.—The 

4 Secretary shall encourage local edu5 cational agencies to adopt proven best 

6 practices with regard to verification. 

7 ‘‘(III) SELECTION FOR IMPLE8 MENTATION.—To the extent necessary 

9 to refine alternative verification meth10 ods or assess the feasibility, impact, 

11 or efficacy of the methods prior to 

12 recommending the methods, the Sec13 retary shall select States and local 

14 educational agencies that have re15 quested to participate in the develop16 ment of best practices to implement 

17 methods subject to clause (iii). 

18 ‘‘(ii) REQUIREMENTS.—The certifi19 cation and verification methods shall— 

20 ‘‘(I) meet such terms and condi21 tions as the Secretary considers ap22 propriate; and 

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1 ducted in accordance with this sub2 section. 

3 ‘‘(iii) SELECTION CRITERIA.—In se4 lecting methods, including methods for im5 plementation under clause (i)(III), the Sec6 retary shall— 

7 ‘‘(I) consider the degree to which 

8 the method would improve certifi9 cation accuracy and program integrity 

10 within the school meal programs; 

11 ‘‘(II) consider whether there is 

12 evidence that the method could be 

13 replicated easily by other local edu14 cational agencies or political subdivi15 sions; 

16 ‘‘(III) consider whether the meth17 od would increase the efficiency and 

18 effectiveness of the verification proc19 ess; 

20 ‘‘(IV) consider whether the local 

21 educational agency or State agency 

22 has a demonstrated capacity to under23 take the method and to produce the 

24 data necessary to support the evalua25 tion; and 


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1 ‘‘(V) ensure the methods imple2 mented under clause (i)(III) are im3 plemented across a range of geo4 graphic areas and States, including 

5 rural and urban areas, and, when con6 sidered as a group, allow for an as7 sessment of a range of strategies re8 garding verification sample selection, 

9 obtaining eligibility documentation, 

10 and the entity conducting verification, 

11 including strategies that— 

12 ‘‘(aa) use analyses of data, 

13 particularly in large local edu14 cational agencies to develop algo15 rithms to select error-prone ap16 plications for verification; 

17 ‘‘(bb) use third-party data 

18 sources to confirm eligibility 

19 prior to conducting household 

20 verification under subparagraph 

21 (G); 

22 ‘‘(cc) rely on alternative 

23 methods, including message test24 ing, of communicating with 

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1 ods most effectively result in 

2 household responses; 

3 ‘‘(dd) rely on agencies or or4 ganizations other than the local 

5 educational agency to conduct 

6 verification, including at a min7 imum the State agency or a 

8 State health and human services 

9 agency; and 

10 ‘‘(ee) could reduce the ad11 ministrative burden of conducting 

12 verification for a consortia of 

13 local educational agencies, includ14 ing shared online applications 

15 and shared verification proce16 dures. 

17 ‘‘(iv) REDUCTION.—Notwithstanding 

18 the limitation in subparagraph 

19 (D)(v)(II)(bb), a local educational agency 

20 that uses the strategies described in clause 

21 (iii)(V) may qualify for a reduction of ad22 ditional 0.25 percentage points under such 

23 subparagraph, creating a floor of 2.25 per24 cent for the verification sample size.’’; 

25 (C) in paragraph (4)— 


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1 (i) by striking subparagraph (E); 

2 (ii) by redesignating subparagraphs 

3 (F) and (G) as subparagraphs (E) and 

4 (F), respectively; and 

5 (iii) in subparagraph (E) (as so redes6 ignated)— 

7 (I) in clause (i), by striking 

8 ‘‘means—’’ and all that follows 

9 through ‘‘for each school year there10 after’’ in subclause (III) and inserting 

11 ‘‘means, for the school year’’; 

12 (II) in clause (ii)— 

13 (aa) in subclause (II), by 

14 striking ‘‘and’’ at the end; 

15 (bb) in subclause (III), by 

16 striking the period at the end 

17 and inserting a semicolon; and 

18 (cc) by adding at the end 

19 the following: 

20 ‘‘(IV) include in the report re21 quired under section 4301 of the 

22 Food, Conservation, and Energy Act 

23 of 2008 (42 U.S.C. 1758a), a descrip24 tion of technical assistance provided 

25 to and progress of States identified 


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1 under subclause (I) toward imple2 menting the measures and meeting 

3 the goals established by the State as 

4 required under clause (iii)(II); and 

5 ‘‘(V) provide guidance to schools 

6 on providing meals and collecting pay7 ment for any student who is no longer 

8 able to receive meals because the stu9 dent did not provide a response to the 

10 verification request for the student’s 

11 school meal application.’’; and 

12 (III) in clause (iii)(II)(bb), by in13 serting ‘‘within 3 school years’’ after 

14 ‘‘those measures’’; 

15 (D) in paragraph (15)— 

16 (i) in subparagraph (B)(i), by striking 

17 ‘‘section 9(b)(1)(A) of this Act’’ and in18 serting ‘‘paragraph (1)(A)’’; and 

19 (ii) in subparagraphs (C)(ii) and (D), 

20 by striking ‘‘paragraph (4)(G)’’ both places 

21 it appears and inserting ‘‘paragraph 

22 (4)(F)’’; 

23 (4) in subsection (f)— 

24 (A) in paragraph (1)— 


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

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (B), by striking 

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(C) meet minimum nutritional require9 ments prescribed by the Secretary on the basis 

10 of tested nutritional research specifically con11 ducted to understand the impact for children, 

12 except that the minimum nutritional require13 ments— 

14 ‘‘(i) may not prohibit the substitution 

15 of foods to accommodate the medical, in16 cluding allergies, or other special dietary 

17 needs of individual students, including reli18 gious dietary restrictions; and 

19 ‘‘(ii) shall, as possible in accommo20 dating the medical or other special dietary 

21 needs of such students, be based on the 

22 weekly average of the nutrient content of 

23 school lunches.’’; 


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1 (B) in paragraph (3)(A)(ii), by striking 

2 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

3 (2)’’; 

4 (C) by striking paragraph (4) and insert5 ing the following: 

6 ‘‘(4) REGULATIONS, REVIEW, AND RELIEF.— 

7 ‘‘(A) REVIEW REGULATIONS.—The Sec8 retary shall, at least every 3 years— 

9 ‘‘(i) review the regulations promul10 gated in accordance with this Act for the 

11 school meal programs described in para12 graph (1) (in this paragraph referred to as 

13 the ‘school meal programs’); 

14 ‘‘(ii) with consultation from stake15 holders in schools (including school leaders, 

16 school boards, local educational agency ad17 ministrators, and school food nutrition di18 rectors), certify that the regulations are— 

19 ‘‘(I) appropriate for the age of 

20 children participating in the school 

21 meal programs, including for the 

22 health of children; 

23 ‘‘(II) in compliance with the pre24 ponderance of the latest high-quality 

25 research based on school-aged children 


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1 conducted to examine the health and 

2 safety of children participating in the 

3 school meal programs; 

4 ‘‘(III) not increasing the cost to 

5 implement the requirements of the 

6 school meal programs; and 

7 ‘‘(IV) not discouraging students 

8 from participating in the school meal 

9 programs; 

10 ‘‘(iii) if necessary to meet the require11 ments of clause (ii), revise the regulations 

12 to meet such requirements; 

13 ‘‘(iv) not later than 30 days prior to 

14 publication under clause (v)(II) of the re15 vised regulations— 

16 ‘‘(I) submit the revised regula17 tions for comment to the Committee 

18 on Education and the Workforce of 

19 the House of Representatives and the 

20 Committee on Agriculture, Nutrition, 

21 and Forestry of the Senate; and 

22 ‘‘(II) review any comments pro23 vided under subclause (I), and further 

24 revise the regulations, if necessary to 


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1 ensure the revised regulations are in 

2 compliance with clause (i); and 

3 ‘‘(v) publish in the Federal Register, 

4 and submit to the Committee on Education 

5 and the Workforce of the House of Rep6 resentatives and the Committee on Agri7 culture, Nutrition, and Forestry of the 

8 Senate— 

9 ‘‘(I) a notice that no changes to 

10 the regulations are required with the 

11 certification described in clause (ii); or 

12 ‘‘(II) the revised regulations de13 scribed in clause (iv) with the certifi14 cation described in clause (ii). 

15 ‘‘(B) FIRST REVIEW.—The first review re16 quired under subparagraph (A) after the date 

17 of enactment of the Improving Child Nutrition 

18 and Education Act of 2016 shall— 

19 ‘‘(i) be concluded not later than De20 cember 31, 2016; 

21 ‘‘(ii) include a review of the sodium 

22 and whole grain requirements under the 

23 regulations for the school meal programs; 

24 and 

25 ‘‘(iii) ensure that such requirements— 


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1 ‘‘(I) allow for cultural foods to be 

2 served under the school meal pro3 grams; 

4 ‘‘(II) maintain the sodium target 

5 requirements established for the 

6 school lunch program and school 

7 breakfast program under sections 

8 210.10(f) and 220.8(f) of title 7, Code 

9 of Federal Regulations, respectively 

10 (as such regulations are in effect on 

11 the day before the date of the enact12 ment of the Improving Child Nutri13 tion and Education Act of 2016) until 

14 such requirements are revised in ac15 cordance with subclause (III); and 

16 ‘‘(III) in a case in which the so17 dium target requirements are revised 

18 as a result of the review described in 

19 this subparagraph, ensure that such a 

20 revision— 

21 ‘‘(aa) is based on health re22 quirements for children; 

23 ‘‘(bb) is supported by a ma24 jority of research focused on 

25 school-aged children that directly 


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1 establishes, through well-con2 trolled randomized trials or well3 designed, long-term observational 

4 studies, that sodium reductions 

5 are both safe and produce bene6 ficial health outcomes for such 

7 children; 

8 ‘‘(cc) is able to support food 

9 safety and be produced in a man10 ner that does not significantly in11 crease the cost of food; and 

12 ‘‘(dd) does not take effect 

13 until 3 years after the revision 

14 has been published in the Federal 

15 Register. 

16 ‘‘(C) SPECIAL RULE FOR REGULATION RE17 LIEF FOR FAMILY MEAL DAYS.— 

18 ‘‘(i) IN GENERAL.—Subject to clause 

19 (ii), the Secretary shall issue guidance, or 

20 promulgate new rules as necessary, to en21 sure each State agency provides guidance 

22 to school food authorities with respect to 

23 the allowance of up to 4 family meal days, 

24 as designated by a school, which shall be 

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1 fied under the regulations for the school 

2 meal programs, during which the school 

3 may— 

4 ‘‘(I) invite parents to participate 

5 in special meals, such as a Thanks6 giving meal or a parents’ day meal; 

7 and 

8 ‘‘(II) provide additional nutrition 

9 education, such as recipe building or 

10 healthy cooking classes to parents and 

11 families on making healthy meal op12 tions at home, which may be provided 

13 by an entity or individual other than 

14 a school food service director or food 

15 service personnel. 

16 ‘‘(ii) CLARIFICATION.—In issuing 

17 guidance or promulgating rules under 

18 clause (i), the Secretary shall not establish 

19 requirements for family meal days, other 

20 than to ensure that schools have the au21 thority to hold up to 4 family meal days 

22 per school year. 

23 ‘‘(D) REGULATION FLEXIBILITY.—The 

24 Secretary shall provide guidance, when there is 

25 difficulty in procuring food to comply with the 


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1 regulations, to allow a school food authority to 

2 substitute food items across food groups and 

3 subgroups, including in-season, locally produced 

4 fruits and vegetables, notwithstanding the food5 based meal patterns and menu planning re6 quirements of this subsection, provided that the 

7 school food authority continues to meet applica8 ble daily and weekly nutrient and dietary re9 quirements under this subsection.’’; 

10 (5) by striking subsections (g) and (k); 

11 (6) by redesignating subsections (h), (i), (j), 

12 and (l) as subsections (g), (h), (i), and (j), respec13 tively; and 

14 (7) in subsection (g) (as so redesignated), by 

15 striking ‘‘2011 through 2015’’ each place it appears 

16 in paragraphs (3) and (4) and inserting ‘‘2017 

17 through 2021’’. 

18 SEC. 105. MISCELLANEOUS PROVISIONS. 

19 (a) UNIVERSAL MEAL SERVICE IN HIGH POVERTY

20 AREAS THRESHOLD.—Section 11(a)(1)(F) of the Richard 

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

22 17659a(a)(1)(F)) is amended— 

23 (1) in clause (ii)(I), in the matter preceding 

24 item (aa), by inserting ‘‘(including a subset of 

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1 sult obtained by dividing the total number of the 

2 identified students enrolled in such schools by the 

3 total number of all students enrolled in such schools, 

4 is above the threshold in clause (viii))’’ after ‘‘on be5 half of certain schools’’; 

6 (2) in clause (vi), by inserting ‘‘(except in the 

7 case of a nonpublic school that has requested infor8 mation for the sole purpose of verifying eligibility of 

9 students for free or reduced price lunch)’’ after this 

10 ‘‘subparagraph’’; 

11 (3) by striking clause (viii) and inserting the 

12 following: 

13 ‘‘(viii) THRESHOLD.— 

14 ‘‘(I) IN GENERAL.—For each school year 

15 beginning on or after July 1, 2017, the Sec16 retary shall use a threshold that is not less than 

17 60 percent. 

18 ‘‘(II) COMMUNITY ELIGIBILITY SELECTION

19 TRANSITION.—In the case of a school that re20 ceived special assistance payments under this 

21 subparagraph during the school year imme22 diately prior to the school year in which the Im23 proving Child Nutrition and Education Act of 

24 2016 was enacted, such school shall, not later 

25 than June 30, 2018— 


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1 ‘‘(aa) meet the threshold described in 

2 subclause (I); or 

3 ‘‘(bb) transition from receiving pay4 ments under this subparagraph in accord5 ance with subclause (III). 

6 ‘‘(III) TECHNICAL ASSISTANCE.—In the 

7 case of schools described in subclause (II)(bb), 

8 the Secretary shall provide technical assistance 

9 to ensure that such schools are able to effec10 tively and efficiently transition from receiving 

11 payments under this subparagraph to receiving 

12 special assistance payments otherwise made 

13 available under this paragraph, including com14 municating the application process to families 

15 in a timely manner to ensure continuity of serv16 ices for eligible families.’’; and 

17 (4) in clause (xi)— 

18 (A) in subclause (II), by striking ‘‘Not 

19 later than December 31, 2013’’ and inserting 

20 ‘‘Not later than one year after the date of en21 actment of the Improving Child Nutrition and 

22 Education Act of 2016’’; and 

23 (B) in subclause (III), by striking ‘‘If the 

24 Secretary uses the authority provided in clause 

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1 ferent schools or local educational agencies, for 

2 each school year beginning on or after July 1, 

3 2014, not later than April 1, 2014’’ and insert4 ing ‘‘If the Secretary uses the authority pro5 vided in clause (vii), for each school year begin6 ning on or after July 1, 2017, not less than one 

7 year prior to the Secretary electing to use such 

8 authority,’’. 

9 (b) REIMBURSEMENT RATE.—Section 11(a)(3)(A) of 

10 the Richard B. Russell National School Lunch Act (42 

11 U.S.C. 17659a(a)(3)(A)) is amended by striking ‘‘July 1’’ 

12 and inserting ‘‘February 15’’. 

13 (c) DEFINITION OF AUTHORIZED STATE AGENCY.— 

14 Paragraph (9) of section 12(d) of the Richard B. Russell 

15 National School Lunch Act (42 U.S.C. 1760(d)(9)) is 

16 amended to read as follows: 

17 ‘‘(9) AUTHORIZED STATE AGENCY.—The term 

18 ‘authorized State agency’ means— 

19 ‘‘(A) the chief State school officer (such as 

20 the State superintendent of public instruction, 

21 commissioner of education, or similar officer); 

22 ‘‘(B) a board of education controlling the 

23 State department of education; 


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1 ‘‘(C) the State Commissioner or individual 

2 who administers agricultural programs in the 

3 State; or 

4 ‘‘(D) a State official the State legislature 

5 designates to administer the programs under 

6 this Act.’’. 

7 (d) PROCUREMENT TRAINING.—Section 12(m)(4) of 

8 the Richard B. Russell National School Lunch Act (42 

9 U.S.C. 1760) is amended by striking ‘‘2015’’ and insert10 ing ‘‘2021’’. 

11 (e) PRICE FOR A PAID LUNCH.—Section 12 of the 

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

13 1760) is further amended by striking subsection (p) and 

14 redesignating subsections (q) and (r) as subsections (p) 

15 and (q), respectively. 

16 SEC. 106. SUMMER FOOD SERVICE PROGRAM FOR CHIL17 DREN. 

18 Section 13 of the Richard B. Russell National School 

19 Lunch Act (42 U.S.C. 1761) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (4), by adding at the end 

22 the following: 

23 ‘‘(C) EDUCATIONAL AND ENRICHMENT AC24 TIVITIES.—In determining participation under 

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1 plications that include an educational or enrich2 ment activity, or demonstrate a partnership 

3 with an entity providing such activity.’’; 

4 (B) by amending paragraph (8) to read as 

5 follows: 

6 ‘‘(8) STREAMLINING.— 

7 ‘‘(A) SEAMLESS SUMMER.—Except as oth8 erwise determined by the Secretary, a service 

9 institution that is a public or private nonprofit 

10 school food authority may provide summer or 

11 school vacation food service in accordance with 

12 applicable provisions of law governing the 

13 school lunch program established under this Act 

14 or the school breakfast program established 

15 under the Child Nutrition Act of 1966 (42 

16 U.S.C. 1771 et seq.). 

17 ‘‘(B) SUMMER AND CACFP AT-RISK

18 STREAMLINING.— 

19 ‘‘(i) IN GENERAL.—Notwithstanding 

20 subsections (b)(2) and (c)(1), a State may 

21 elect to streamline and simplify program 

22 operations by reducing paperwork and 

23 other administrative burdens while retain24 ing appropriate measures of program in25 tegrity, which may include the utilization 


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1 of technical assistance provided to the 

2 State under clause (iv) for service institu3 tions that— 

4 ‘‘(I) are described in paragraphs 

5 (6) or (7); 

6 ‘‘(II) provide care to at-risk 

7 school children (as defined in section 

8 17(r)(2)), and may be eligible child 

9 care centers or homes (as defined 

10 under section 17(a)(2)); and 

11 ‘‘(III) are not public schools. 

12 ‘‘(ii) STREAMLINED REIMBURSE13 MENT.—States that demonstrate stream14 lined and simplified program operations 

15 under clause (i) for service institutions, 

16 and that are selected by the Secretary 

17 under clause (v), shall streamline reim18 bursement for such service institutions by 

19 providing reimbursement for— 

20 ‘‘(I) lunch and either breakfast 

21 or a supplement served to at-risk 

22 school children— 

23 ‘‘(aa) during each day of op24 eration during the months of 

25 May through September; and 


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1 ‘‘(bb) in the case of a service 

2 institution that provides meal 

3 service to such children who are 

4 not in school for a period during 

5 the school year due to a natural 

6 disaster, building repair, court 

7 order, or similar cause, at any 

8 time during such period in that 

9 school year; and 

10 ‘‘(II) up to 1 meal and 1 supple11 ment served to children during each 

12 day of operation outside of school 

13 hours during the regular school cal14 endar, including after school, week15 ends, and school holidays. 

16 ‘‘(iii) RATE OF REIMBURSEMENT.— 

17 The State shall reimburse service institu18 tions seeking reimbursement under this 

19 subparagraph at a rate that is consistent 

20 with section 17(r)(4)(B). 

21 ‘‘(iv) TECHNICAL ASSISTANCE.— 

22 ‘‘(I) IN GENERAL.—Not later 

23 than December 31, 2016, the Sec24 retary shall develop guidance and pro25 vide technical assistance for States 


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1 and service institutions to assist in 

2 the implementation of this subpara3 graph, including by identifying areas 

4 of programmatic overlap in the pro5 gram under this section and the child 

6 and adult care food program under 

7 section 17 so that States may simplify 

8 the administration of each such pro9 gram. 

10 ‘‘(II) GUIDANCE.—Such guidance 

11 shall include information on possible 

12 ways States may ensure participation 

13 under this subparagraph will lead to 

14 reduced paperwork and other adminis15 trative burdens, including rec16 ommendations for streamlined pro17 gram applications, reporting require18 ments, inspections, and other areas of 

19 potential duplication, while retaining 

20 appropriate measures of program in21 tegrity. 

22 ‘‘(III) OTHER STATES.—Informa23 tion provided under this clause shall 

24 be provided in such a manner that 

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1 grammatic overlap, and reduce paper2 work and other burdens, even if such 

3 State has not yet been selected to pro4 vide reimbursements to service institu5 tions in accordance with this subpara6 graph. 

7 ‘‘(v) SUCCESSFUL IMPLEMENTA8 TION.— 

9 ‘‘(I) IN GENERAL.—A State seek10 ing to provide reimbursements in ac11 cordance this subparagraph shall dem12 onstrate to the Secretary the ways in 

13 which the State has used the election 

14 under clause (i) to reduce paperwork 

15 and other administrative burdens 

16 while retaining appropriate measures 

17 of program integrity, which may in18 clude the utilization of technical as19 sistance provided to the State under 

20 clause (iv). 

21 ‘‘(II) INITIAL SELECTION OF

22 STATES.— 

23 ‘‘(aa) IN GENERAL.—The 

24 Secretary shall select not more 

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1 bursements in accordance with 

2 this subparagraph, beginning in 

3 May 2017, if such States have 

4 the capacity to effectively imple5 ment this subparagraph, as dem6 onstrated by streamlining and 

7 simplifying program operations 

8 in accordance with subclause (I). 

9 ‘‘(bb) UPDATE.—When ap10 propriate, but not later than May 

11 31, 2018, and consistent with 

12 subclause (V)(bb), the Secretary 

13 shall update the information 

14 under clause (iv). 

15 ‘‘(III) NEXT SELECTION OF

16 STATES.— 

17 ‘‘(aa) IN GENERAL.—If the 

18 Secretary determines that addi19 tional States have the capacity 

20 described in subclause (I) and 

21 additional best practices could be 

22 provided, the Secretary may se23 lect not more than 5 such States 

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1 cordance with this subparagraph 

2 beginning in October 2018. 

3 ‘‘(bb) UPDATE.—Not later 

4 than September 30, 2019, and 

5 consistent with subclause 

6 (V)(bb), the Secretary shall up7 date the information under clause 

8 (iv). 

9 ‘‘(IV) ADDITIONAL SELECTION

10 OF STATES.—The Secretary may se11 lect additional States to provide reim12 bursements in accordance with this 

13 subparagraph beginning in May 2020, 

14 and each year thereafter, if such 

15 States have the capacity described in 

16 subclause (I). 

17 ‘‘(V) BEST PRACTICES.— 

18 ‘‘(aa) IN GENERAL.—As a 

19 condition of being selected under 

20 this clause, a State shall provide, 

21 in such time and in such manner 

22 as the Secretary may reasonably 

23 require, information to the Sec24 retary regarding best practices of 


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1 successful implementation of this 

2 subparagraph. 

3 ‘‘(bb) UPDATE.—The Sec4 retary shall continue to periodi5 cally update the information 

6 under clause (iv) to include the 

7 best practices provided under 

8 item (aa) for continued success9 ful implementation of this sub10 paragraph.’’; 

11 (C) by striking paragraphs (9), (10), and 

12 (12); 

13 (D) by redesignating paragraph (11) as 

14 paragraph (9); and 

15 (E) by adding at the end the following: 

16 ‘‘(10) TEMPORARY ALLOWANCE FOR OFF-SITE

17 CONSUMPTION.— 

18 ‘‘(A) IN GENERAL.—Beginning in May 

19 2017, the Secretary shall grant requests made 

20 by a State to allow children who are partici21 pating in the program but for whom an oper22 ation under paragraph (12) is not available, to 

23 consume meals away from a congregate feeding 

24 site when the program is available to such chil25 dren at the site, but— 


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1 ‘‘(i) the site is closed due to extreme 

2 weather conditions; 

3 ‘‘(ii) violence or other public safety 

4 concerns in the area temporarily prevent 

5 children from traveling safely to the site; 

6 or 

7 ‘‘(iii) other emergency circumstances, 

8 as defined by the State, prevent access to 

9 the site. 

10 ‘‘(B) LIMITATIONS.—In granting a request 

11 under subparagraph (A), the Secretary shall en12 sure that— 

13 ‘‘(i) allowances are issued by a State 

14 only between the months of May through 

15 September; 

16 ‘‘(ii) allowances are granted in the 

17 most efficient and effective manner to en18 sure programs and States can quickly re19 spond and adapt to the circumstances de20 scribed in clauses (i) through (iii) of sub21 paragraph (A); and 

22 ‘‘(iii) once an allowance is issued, any 

23 meal in which a component is offered but 

24 not served is not reimbursed under sub25 section (b). 


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1 ‘‘(C) STATE PLAN.—As part of the man2 agement and administration plan described in 

3 subsection (n), a State shall describe— 

4 ‘‘(i) the approval process, including 

5 the timeline, the State would undertake to 

6 issue an allowance; 

7 ‘‘(ii) standards for what circumstances 

8 merit an allowance, how long an allowance 

9 will last, and when an allowance may be 

10 extended; and 

11 ‘‘(iii) how the program would operate 

12 once an allowance is issued. 

13 ‘‘(11) OFF-SITE CONSUMPTION.— 

14 ‘‘(A) IN GENERAL.—Beginning in May of 

15 2017, a State may elect for service institutions 

16 to carry out an off-site consumption operation 

17 in the State to provide summer food service 

18 program meals to children eligible to participate 

19 in the program that such children may consume 

20 away from a congregate feeding site. 

21 ‘‘(B) AVAILABILITY.—The operation de22 scribed in subparagraph (A) shall be available 

23 to a child described in subparagraph (A) only if 

24 the child lives in an area that is eligible to par25 ticipate in the summer food service program, 


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1 but that is not currently being served, and such 

2 area— 

3 ‘‘(i) is rural, as defined by the State; 

4 or 

5 ‘‘(ii) is not rural, and is an area in 

6 which more than 80 percent of students 

7 are certified as eligible for free or reduced 

8 price meals. 

9 ‘‘(C) ADMINISTRATION.— 

10 ‘‘(i) IN GENERAL.—The following 

11 shall apply to an operation described in 

12 subparagraph (A): 

13 ‘‘(I) The number of meals served 

14 to each child in a single meal service 

15 is limited to 2 meals, and the number 

16 of meals in a seven-day period shall be 

17 limited to 10 meals. 

18 ‘‘(II) Any meal served shall meet 

19 the same standards for nutrition, 

20 safety, and quality as a meal served at 

21 a congregate feeding site. 

22 ‘‘(III) Any meal in which a com23 ponent is offered but not served shall 

24 not be reimbursed under subsection 

25 (b). 


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1 ‘‘(IV) Each State shall give pri2 ority to children who are living where 

3 congregate feeding sites are not acces4 sible. 

5 ‘‘(V) Nothing in this section shall 

6 be construed to allow congregate feed7 ing sites to cease from operating in 

8 order to be replaced by off-site con9 sumption operations under this para10 graph. 

11 ‘‘(VI) A State shall not— 

12 ‘‘(aa) operate an off-site 

13 consumption operation simulta14 neously in the same service area 

15 with a congregate feeding site; 

16 ‘‘(bb) use more than 10 per17 cent of funds received for admin18 istrative expenses to carry out 

19 this paragraph; or 

20 ‘‘(cc) implement an off-site 

21 consumption operation in all 

22 service areas in the State. 

23 ‘‘(ii) STATE PLAN.—Each State 

24 choosing to provide summer food service 

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1 sumption operation under this paragraph 

2 shall describe how the State plans to im3 plement the operation in the management 

4 and administration plan in subsection (n), 

5 which shall include information on how the 

6 State will— 

7 ‘‘(I) document operation, includ8 ing implementation; 

9 ‘‘(II) determine the method for 

10 selecting eligible areas and eligible 

11 service institutions to most effectively 

12 deliver summer food service program 

13 meals in the manner described in this 

14 paragraph; 

15 ‘‘(III) design mechanisms by 

16 which households with children eligible 

17 to participate in the program could in18 dicate a need for meal service through 

19 such an operation; 

20 ‘‘(IV) develop an appropriate 

21 maintenance of effort requirement for 

22 service institutions currently operating 

23 congregate feeding sites; 

24 ‘‘(V) develop requirements for 

25 implementing safety and security 


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1 measures to ensure that safety and 

2 security through such an operation is 

3 equivalent to such measures at a con4 gregate feeding site; and 

5 ‘‘(VI) periodically reevaluate the 

6 potential for children to be served at 

7 a congregate feeding site.’’; 

8 (2) in subsection (f)(2), by inserting before the 

9 period at the end the following: ‘‘and in providing 

10 appropriate meals to children with medically cer11 tified special dietary needs, including food allergies 

12 or other special dietary needs of individual children, 

13 including religious dietary restrictions’’; 

14 (3) in subsection (k)(3)— 

15 (A) by striking ‘‘(3) To provide’’ and in16 serting the following: 

17 ‘‘(3) NUTRITIONAL AND FOOD QUALITY MONI18 TORING.— 

19 ‘‘(A) IN GENERAL.—To provide’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(B) INSUFFICIENT FUNDS.— 

22 ‘‘(i) IN GENERAL.—If funds provided 

23 under subparagraph (A) are insufficient to 

24 pay for State or local health department 

25 inspections, and to reinspect facilities and 


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1 deliveries to test meal quality, as required 

2 under this Act or the Child Nutrition Act 

3 of 1966 (42 U.S.C. 1771 et seq.), State 

4 agencies may elect to use funds described 

5 in paragraph (1) for those activities. 

6 ‘‘(ii) LIMITATION.—Funds described 

7 in clause (i) shall not exceed the lesser 

8 of— 

9 ‘‘(I) actual costs; or 

10 ‘‘(II) 1 percent of program 

11 funds.’’; 

12 (4) by amending subsection (n) to read as fol13 lows: 

14 ‘‘(n) STATE PLAN.—Each State desiring to partici15 pate in the program shall notify the Secretary by January 

16 1 of each year of its intent to administer the program and 

17 shall submit, by February 15, a management and adminis18 tration plan for the program for the fiscal year, which 

19 shall include, at a minimum— 

20 ‘‘(1) the State’s administrative budget for the 

21 fiscal year; and 

22 ‘‘(2) the State’s plans for— 

23 ‘‘(A) use of program funds and additional 

24 State or private funds to reach children with 


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1 the greatest need, to the maximum extent prac2 ticable; 

3 ‘‘(B) strengthening the congregate feeding 

4 model for program delivery, including a process 

5 for identifying gaps in service and barriers to 

6 access; 

7 ‘‘(C) administrative and fiscal plans for 

8 using the allowance described in subsection 

9 (a)(11) and, if applicable, the option described 

10 in subsection (a)(12) to assist service institu11 tions in reaching children with the greatest 

12 need; 

13 ‘‘(D) providing technical assistance and 

14 training for eligible service institutions; 

15 ‘‘(E) monitoring and inspecting service in16 stitutions, feeding sites, and food service man17 agement companies and ensuring that such 

18 companies do not enter into contracts for more 

19 meals than they can provide effectively and effi20 ciently, and in compliance with the program; 

21 ‘‘(F) timely and effective action against 

22 program violators; and 

23 ‘‘(G) ensuring fiscal integrity by auditing 

24 service institutions not subject to auditing re25 quirements prescribed by the Secretary.’’; and 


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1 (5) in subsection (r), by striking ‘‘2015’’ and 

2 inserting ‘‘2021’’. 

3 SEC. 107. COMMODITY DISTRIBUTION PROGRAM. 

4 Section 14 of the Richard B. Russell National School 

5 Lunch Act (42 U.S.C. 1762a) is amended— 

6 (1) in subsection (f), in the third sentence— 

7 (A) by striking ‘‘section 9(a) of this Act’’ 

8 and inserting ‘‘section 9(f)’’; and 

9 (B) by striking ‘‘represent the four basic 

10 food groups, including’’ and inserting ‘‘in11 clude’’; and 

12 (2) by striking subsection (h). 

13 SEC. 108. CHILD AND ADULT CARE FOOD PROGRAM. 

14 (a) IN GENERAL.—Section 17 of the Richard B. Rus15 sell National School Lunch Act (42 U.S.C. 1766) is 

16 amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (2)— 

19 (i) in subparagraph (B), in the matter 

20 preceding clause (i), by striking ‘‘if’’ and 

21 inserting ‘‘if, during the month preceding 

22 the date of submission of the applicable 

23 initial application or reapplication’’; 

24 (ii) in subparagraph (E), by striking 

25 ‘‘and’’ at the end; 


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1 (iii) in subparagraph (F), by striking 

2 the period at the end and inserting a semi3 colon; and 

4 (iv) by adding at the end the fol5 lowing: 

6 ‘‘(G) any public or licensed nonprofit pri7 vate residential child care institution (as de8 fined in subsection (v)(1)) that is not concur9 rently receiving reimbursement under the school 

10 lunch program under this Act or the school 

11 breakfast program under the Child Nutrition 

12 Act of 1966 (42 U.S.C. 1771 et seq.); and 

13 ‘‘(H) any boarding school funded by the 

14 Bureau of Indian Education that is not concur15 rently receiving reimbursement under the school 

16 lunch or the school breakfast program.’’; 

17 (B) in paragraph (3), by striking ‘‘sub18 section (r)’’ and inserting ‘‘subsections (r) and 

19 (v)’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(7) DURATION OF DETERMINATION.—With re22 spect to an institution described in paragraph 

23 (2)(B), an eligibility determination under this sub24 section shall remain in effect for a period of 4 


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1 months after the date such institution is approved 

2 by the State under subsection (d).’’; 

3 (2) in subsection (b), by striking ‘‘For the fiscal 

4 year ending September 30, 1979, and for each sub5 sequent fiscal year, the’’ and inserting ‘‘The’’; 

6 (3) in subsection (d)— 

7 (A) in paragraph (4)— 

8 (i) by striking ‘‘In consultation’’ and 

9 inserting the following: 

10 ‘‘(A) IN GENERAL.—In consultation’’; and 

11 (ii) by adding at the end the fol12 lowing: 

13 ‘‘(B) REPORTS.—Each sponsoring organi14 zation shall, on an annual basis, submit to the 

15 applicable State agency a report that describes, 

16 with respect to the preceding fiscal year— 

17 ‘‘(i) the expenditures of program 

18 funds by the sponsoring organization; and 

19 ‘‘(ii) the amount of meal reimburse20 ments retained by the sponsoring organiza21 tion for administrative costs, if applica22 ble.’’; and 

23 (B) in paragraph (5), by adding at the end 

24 the following: 

25 ‘‘(F) SERIOUS DEFICIENCY PROCESS.— 


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1 ‘‘(i) IN GENERAL.—Not later than 1 

2 year after the date of the enactment of the 

3 Improving Child Nutrition and Education 

4 Act of 2016, the Secretary shall review the 

5 serious deficiency process for the program 

6 under this section. 

7 ‘‘(ii) REVIEW.—In carrying out clause 

8 (i), the Secretary shall review the processes 

9 for, and those involved in— 

10 ‘‘(I) a finding of serious defi11 ciency, including— 

12 ‘‘(aa) what measures auto13 matically result in a finding of 

14 serious deficiency; and 

15 ‘‘(bb) how differentiation is 

16 being made between— 

17 ‘‘(AA) a reasonable 

18 margin of human error and 

19 systematic or intentional 

20 noncompliance; and 

21 ‘‘(BB) State-specific re22 quirements and Federal law 

23 and regulations, if applica24 ble; 


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1 ‘‘(II) appeals and mediation in 

2 any case in which there is a finding of 

3 serious deficiency; 

4 ‘‘(III) determining the cir5 cumstances under which a corrective 

6 action plan is acceptable; 

7 ‘‘(IV) information sharing be8 tween Departments of Agriculture and 

9 Health and Human Services; and 

10 ‘‘(V) termination and disquali11 fication, including maintenance of the 

12 list under subparagraph (E). 

13 ‘‘(iii) GUIDANCE AND REGULA14 TIONS.— 

15 ‘‘(I) IN GENERAL.—After con16 ducting the review under this sub17 paragraph, the Secretary shall use 

18 findings from the information col19 lected to issue guidance, and, as ap20 propriate, regulations, from such find21 ings that will assist sponsoring orga22 nizations, State agencies, and the 

23 Food and Nutrition Service in ensur24 ing a fair, uniform, and effective ad25 ministration of the serious deficiency 


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1 process, while retaining program in2 tegrity. 

3 ‘‘(II) SCOPE.—Such guidance 

4 shall include— 

5 ‘‘(aa) clarity on the different 

6 measures for noncompliance; 

7 ‘‘(bb) parameters for an ap8 peals process to review a finding 

9 of serious deficiency or a deter10 mination that a corrective action 

11 plan is inadequate; and 

12 ‘‘(cc) adequate timeframes 

13 under a corrective action plan for 

14 compliance that are consistent 

15 for all types of institutions par16 ticipating in the program, includ17 ing family or group day care 

18 homes. 

19 ‘‘(III) INFORMATION SHARING.— 

20 Within such guidance or regulation, 

21 and as soon as practicable, the Sec22 retary shall ensure information about 

23 findings are shared with the Secretary 

24 of Health and Human Services as to 

25 allow for maximum health, safety, 


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1 oversight, and monitoring of child 

2 care and Head Start facilities.’’; 

3 (4) in subsection (f)— 

4 (A) in paragraph (2)(C), by adding at the 

5 end the following: 

6 ‘‘(iii) CARRYOVER FUNDS.—Not more 

7 than 10 percent of the amount reserved by 

8 sponsoring organizations under clause (i) 

9 for administrative expenses for a fiscal 

10 year may remain available for obligation or 

11 expenditure in the succeeding fiscal year 

12 for administrative purposes.’’; and 

13 (B) in paragraph (3)— 

14 (i) by striking subparagraph (C); and 

15 (ii) by redesignating subparagraphs 

16 (D) and (E) as subparagraphs (C) and 

17 (D), respectively; 

18 (5) in subsection (g), by striking paragraph (6) 

19 and inserting the following: 

20 ‘‘(6) USE OF DONATED FOODS.—To the max21 imum extent practicable, each institution shall use in 

22 its food service foods that are donated by the Sec23 retary.’’; 

24 (6) in subsection (h)(1), by adding at the end 

25 the following: 


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1 ‘‘(E) ENGAGEMENT WITH STATE AND

2 LOCAL AGENCIES.— 

3 ‘‘(i) IN GENERAL.—Subject to clause 

4 (ii), institutions participating in the pro5 gram under this section may engage with 

6 authorized State agencies and local edu7 cational agencies to use existing infrastruc8 ture to enhance the use of, and increase 

9 access to, donated commodities. 

10 ‘‘(ii) EFFECT OF SUBPARAGRAPH.— 

11 Nothing in this subparagraph shall compel 

12 a local educational agency unwillingly to 

13 serve any institution participating in the 

14 program under this section.’’; 

15 (7) in subsection (i)(2)(B)(i), by striking ‘‘if the 

16 State agency demonstrates’’ and all that follows 

17 through the period at the end and inserting ‘‘if the 

18 State agency demonstrates that the State agency 

19 can use funds to improve program management, 

20 oversight, and integrity, including by working with 

21 other State agencies involved with the monitoring of 

22 institutions under this section in order to streamline 

23 and coordinate the efforts of such State agencies.’’; 

24 (8) in subsection (r), by striking paragraphs (5) 

25 and (6); 


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1 (9) in subsection (s)(2)(C), by striking ‘‘parents 

2 of enrolled children at enrollment’’ and inserting 

3 ‘‘parents or legal guardians of enrolled children in 

4 an easily accessible manner’’; 

5 (10) in subsection (u)(3)— 

6 (A) in subparagraph (A), by inserting be7 fore the period at the end the following: ‘‘and 

8 in providing appropriate meals to children with 

9 medically certified special dietary needs, includ10 ing food allergies or other special dietary needs 

11 of individual students, including religious die12 tary restrictions’’; 

13 (B) in subparagraph (C)(i), by inserting 

14 ‘‘for distribution to participants and families of 

15 participants’’ after ‘‘nutrition education’’; and 

16 (C) in subparagraph (H), by adding at the 

17 end the following: 

18 ‘‘(iii) SUNSET.—The Secretary shall 

19 return to the general fund of the Treasury 

20 any funds that were— 

21 ‘‘(I) made available under this 

22 subparagraph; and 

23 ‘‘(II) not obligated as of the date 

24 of the enactment of the Improving 


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1 Child Nutrition and Education Act of 

2 2016.’’; and 

3 (11) by adding at the end the following: 

4 ‘‘(v) PARTICIPATION BY RESIDENTIAL CHILD CARE

5 INSTITUTIONS.— 

6 ‘‘(1) DEFINITION OF RESIDENTIAL CHILD CARE

7 INSTITUTION.—In this subsection, the term ‘residen8 tial child care institution’ means any public or non9 profit private residential child care institution, or 

10 distinct part of such an institution, that— 

11 ‘‘(A) operates principally for the care of 

12 children; and 

13 ‘‘(B) if private, is licensed to provide resi14 dential child care services under the appropriate 

15 licensing code by the State or local agency. 

16 ‘‘(2) ADMINISTRATION.—Except as otherwise 

17 provided in this subsection, a residential child care 

18 institution shall be considered eligible for reimburse19 ment for meals or supplements served to eligible 

20 children residing at the residential child care institu21 tion, so long as the institution does not simulta22 neously participate in the school lunch program 

23 under this Act or the school breakfast program 

24 under the Child Nutrition Act of 1966 (42 U.S.C. 

25 1771 et seq.). 


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1 ‘‘(3) MEAL OR SUPPLEMENT REIMBURSE2 MENT.— 

3 ‘‘(A) LIMITATIONS.—A residential child 

4 care institution may claim reimbursement under 

5 this section— 

6 ‘‘(i) only for a meal or supplement 

7 served to children residing at the residen8 tial child care institution, who are— 

9 ‘‘(I) not more than 18 years of 

10 age; or 

11 ‘‘(II) children with disabilities; 

12 and 

13 ‘‘(ii) for not more than— 

14 ‘‘(I) 1 breakfast, 1 lunch, and 1 

15 supplement per child per day; or 

16 ‘‘(II) 1 breakfast, 1 supper, and 

17 1 supplement per child per day. 

18 ‘‘(B) RATE.—A meal or supplement eligi19 ble for reimbursement under this subsection 

20 shall be reimbursed at the rate at which free, 

21 reduced price, and paid meals and supplements, 

22 respectively, are reimbursed under subsection 

23 (c).’’. 

24 (b) ADVISORY COMMITTEE.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary shall establish and convene an advisory com4 mittee— 

5 (A) to examine the feasibility of reducing 

6 unnecessary or duplicative paperwork resulting 

7 from regulations and recordkeeping require8 ments, including paperwork resulting from ad9 ditional State requirements, for individuals and 

10 entities participating or seeking to participate 

11 in the child and adult care food program under 

12 section 17 of the Richard B. Russell National 

13 School Lunch Act (42 U.S.C. 1766) (as amend14 ed by subsection (a)), including (within the 

15 meaning of that Act (42 U.S.C. 1751 et 

16 seq.))— 

17 (i) State agencies; 

18 (ii) family child care homes; 

19 (iii) child care centers; 

20 (iv) sponsoring organizations; and 

21 (v) families. 

22 (B) to provide recommendations to reduce 

23 unnecessary or duplicative paperwork for those 

24 program participants while ensuring that propVerDate Sep 11 2014 04:30 Apr 28, 2016 Jkt 059200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H5003.IH H5003

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1 er accountability and program integrity are 

2 maintained. 

3 (2) REPRESENTATION.—The advisory com4 mittee under this subsection shall include represen5 tation from each of the following (within the mean6 ing of the Richard B. Russell National School Lunch 

7 Act (42 U.S.C. 1751 et seq.), as applicable): 

8 (A) Public and private nonprofit organiza9 tions. 

10 (B) Home-based day care providers. 

11 (C) Head Start centers. 

12 (D) For-profit proprietary organizations. 

13 (E) Shelters for homeless families. 

14 (F) Adult day care centers. 

15 (G) State agencies. 

16 (H) Sponsor organizations that provide ad17 ministrative support to multiple providers. 

18 (3) CONSIDERATIONS.—In developing the rec19 ommendations under this subsection, the advisory 

20 committee shall take into consideration, as appro21 priate— 

22 (A) any existing information, recommenda23 tions, and reports from the paperwork reduction 

24 work group convened by the Food and Nutri25 tion Service in response to section 119(i) of the 


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1 Child Nutrition and WIC Reauthorization Act 

2 of 2004 (42 U.S.C. 1766 note; 118 Stat. 755); 

3 (B) the use of technology for electronic 

4 recordkeeping to reduce paperwork burdens on 

5 program participants and providers; and 

6 (C) input from additional advocates and 

7 stakeholders for a broader knowledge base, if 

8 the advisory committee determines necessary. 

9 (4) SECRETARIAL ACTION.— 

10 (A) GUIDANCE OR REGULATIONS.— 

11 (i) ISSUANCE.—Not later than 1 year 

12 after the date of the enactment of this Act, 

13 the Secretary shall issue guidance or regu14 lations, as appropriate, based on the rec15 ommendations of the advisory committee 

16 under paragraph (1) regarding streamlined 

17 and consolidated paperwork and record18 keeping requirements, including applica19 tions, monitoring and auditing require20 ments, and any other areas recommended 

21 by the advisory committee intended to re22 duce administrative burden. 

23 (ii) IMPLEMENTATION.—Not later 

24 than 18 months after the date of the en25 actment of this Act, the Secretary shall imVerDate Sep 11 2014 04:30 Apr 28, 2016 Jkt 059200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H5003.IH H5003

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1 plement any changes resulting from the 

2 guidance or regulations described in clause 

3 (i). 

4 (B) REPORT.—After issuing any guidance 

5 or regulations under subparagraph (A), the 

6 Secretary shall submit to the Committee on Ag7 riculture, Nutrition, and Forestry of the Senate 

8 and the Committee on Education and the 

9 Workforce of the House of Representatives a 

10 report describing any recommendations for leg11 islative changes to further strengthen and 

12 streamline the application and monitoring proc13 ess and reduce administrative burden on grant14 ees, participants, local and State governments, 

15 and the Federal Government. 

16 SEC. 109. DEMONSTRATION PROJECTS. 

17 Section 18 of the Richard B. Russell National School 

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

19 (1) by striking subsections (d) through (h), (j), 

20 and (k); 

21 (2) by redesignating subsection (i) as subsection 

22 (g); 

23 (3) in subsection (g)(5), as so redesignated, by 

24 striking ‘‘2011through 2015’’ and inserting ‘‘2017 

25 through 2021’’; and 


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1 (4) by inserting after subsection (c) the fol2 lowing: 

3 ‘‘(d) ACCESS TO LOCAL FOODS: FARM TO SCHOOL

4 PROGRAM.— 

5 ‘‘(1) PROGRAM.—The Secretary shall carry out 

6 a program to assist eligible schools, State and local 

7 agencies, Indian tribal organizations, agricultural 

8 producers or groups of agricultural producers, and 

9 nonprofit entities through grants, technical assist10 ance, and research to implement farm to school pro11 grams that improve access to local foods and im12 prove nutrition education in eligible schools. 

13 ‘‘(2) DEFINITIONS.—In this subsection: 

14 ‘‘(A) AGRICULTURAL PRODUCER.—The 

15 term ‘agricultural producer’ means a farmer, 

16 rancher, or fisher (including of farm-raised 

17 fish). 

18 ‘‘(B) ELIGIBLE SCHOOL.—The term ‘eligi19 ble school’ means a school or institution that 

20 participates in— 

21 ‘‘(i) a program under this Act, includ22 ing the summer food service program for 

23 children under section 13 and the early 

24 care and afterschool portions of the child 


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1 and adult care food program under section 

2 17; or 

3 ‘‘(ii) the school breakfast program es4 tablished under section 4 of the Child Nu5 trition Act of 1966 (42 U.S.C. 1773). 

6 ‘‘(3) GRANTS.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 award competitive grants under this subsection 

9 to be used for implementing farm to school pro10 grams for the purposes of improving access to 

11 local foods and improving nutrition education, 

12 through— 

13 ‘‘(i) research, training, and technical 

14 assistance; 

15 ‘‘(ii) supporting operations; 

16 ‘‘(iii) planning; 

17 ‘‘(iv) purchasing equipment; 

18 ‘‘(v) developing school gardens; and 

19 ‘‘(vi) developing partnerships to facili20 tate nutrition education and healthy eat21 ing. 

22 ‘‘(B) REGIONAL BALANCE.—In making 

23 awards under this subsection, the Secretary 

24 shall, to the maximum extent practicable, en25 sure— 


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1 ‘‘(i) geographical diversity; and 

2 ‘‘(ii) equitable treatment of urban, 

3 rural, and tribal communities. 

4 ‘‘(C) IMPROVED PROCUREMENT AND DIS5 TRIBUTION.—Funds provided under this sub6 section may be used to improve local food pro7 curement and distribution options between agri8 cultural producers and eligible schools, includ9 ing innovative approaches to aggregation, proc10 essing, transportation, and distribution. 

11 ‘‘(D) AWARDS.— 

12 ‘‘(i) MAXIMUM AMOUNT.—The total 

13 amount provided to a grant recipient under 

14 this subsection shall not exceed $150,000. 

15 ‘‘(ii) TERM.—The term of an award 

16 shall not exceed 3 years. 

17 ‘‘(iii) LIMITATION.—The Secretary 

18 shall not award any entity more than 1 

19 grant at any given time. 

20 ‘‘(iv) PURPOSE AND SCOPE.—In car21 rying out this subsection, the Secretary 

22 shall make awards of diverse amounts and 

23 duration so as to best match a variety of 

24 purposes, scopes, and needs of the project 

25 proposals. 


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1 ‘‘(E) LIMITATION.—The Secretary shall 

2 not award a grant under this subsection if the 

3 majority of grant funds would be used solely for 

4 the purpose of carrying out a conference. 

5 ‘‘(4) FEDERAL SHARE.— 

6 ‘‘(A) IN GENERAL.—The Federal share of 

7 costs for a project funded through a grant 

8 awarded under this subsection shall not exceed 

9 75 percent of the total cost of the project. 

10 ‘‘(B) FEDERAL MATCHING.—As a condi11 tion of receiving a grant under this subsection, 

12 a grant recipient shall provide matching sup13 port in the form of cash or in-kind contribu14 tions, including facilities, equipment, or services 

15 provided by State and local governments, non16 profit organizations, and private sources. 

17 ‘‘(5) CRITERIA FOR SELECTION.— 

18 ‘‘(A) IN GENERAL.—To the maximum ex19 tent practicable, in providing assistance under 

20 this subsection, the Secretary shall give priority 

21 to proposals to— 

22 ‘‘(i) serve a high proportion of chil23 dren who are eligible for free or reduced 

24 price meals; 


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1 ‘‘(ii) incorporate nutrition education 

2 activities that encourage the participation 

3 of school children in farm and garden4 based agricultural education activities; 

5 ‘‘(iii) provide families the opportunity 

6 to participate in educational programming, 

7 including through materials and engage8 ment activities, to improve nutrition out9 side the school environment; 

10 ‘‘(iv) demonstrate collaboration be11 tween eligible schools, nongovernmental 

12 and community-based organizations, agri13 cultural producer groups, and other com14 munity partners; 

15 ‘‘(v) make local food products avail16 able on the menu of reimbursable meals 

17 under this Act at the eligible school; 

18 ‘‘(vi) demonstrate the potential for 

19 long-term program sustainability with non20 Federal funds; and 

21 ‘‘(vii) expand the selection of local 

22 commodities available for eligible schools. 

23 ‘‘(B) TRIBAL COMMUNITY PROJECTS.—In 

24 the case of projects serving tribal communities, 

25 the Secretary shall, to the maximum extent 


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1 practicable, give highest priority to projects 

2 that propose to use products from tribal agri3 cultural producers, in addition to the priorities 

4 under subparagraph (A). 

5 ‘‘(6) EVALUATION.—As a condition of receiving 

6 a grant under this subsection, each grant recipient 

7 shall agree to cooperate in an evaluation of the pro8 gram by the Secretary. 

9 ‘‘(7) TECHNICAL ASSISTANCE AND RE10 SEARCH.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 provide technical assistance, research, and in13 formation through amounts reserved under this 

14 subsection for such purposes, to assist schools, 

15 State and local agencies, Indian tribal organiza16 tions, agricultural producers, and nonprofit en17 tities— 

18 ‘‘(i) to facilitate the coordination and 

19 sharing of information and resources that 

20 may be applicable to the farm to school 

21 program; 

22 ‘‘(ii) to collect and share information 

23 on best practices; 

24 ‘‘(iii) to disseminate research and 

25 data on existing farm to school programs 


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1 and the potential for programs to begin in 

2 underserved areas; and 

3 ‘‘(iv) to increase awareness of, and 

4 participation in, farm to school programs 

5 among agricultural and aquiculture pro6 ducers or agricultural producer groups, in7 cluding beginning, veteran, and socially 

8 disadvantaged farmers and ranchers. 

9 ‘‘(B) REVIEW.—Not later than 1 year 

10 after the date of the enactment of the Improv11 ing Child Nutrition and Education Act of 2016 

12 and every 3 years thereafter, the Secretary shall 

13 review and submit to the Committee on Agri14 culture and the Committee on Education and 

15 the Workforce of the House of Representatives 

16 and the Committee on Agriculture, Nutrition, 

17 and Forestry of the Senate a report that de18 scribes the regulatory and other barriers related 

19 to including locally or regionally produced food 

20 products in school food programs, including any 

21 progress that has been made in identifying and 

22 eliminating such barriers through examining— 

23 ‘‘(i) barriers to the development and 

24 implementation of successful farm to 

25 school programs; 


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1 ‘‘(ii) the direct and indirect costs af2 fecting the production and marketing of lo3 cally or regionally produced agricultural 

4 food products for school food programs; 

5 ‘‘(iii) the costs local school food pro6 grams incur by acquiring such local foods 

7 for school meal programs in comparison to 

8 the costs for other foods in such school 

9 meal programs; and 

10 ‘‘(iv) local and regional market access 

11 for such food products, partnerships, 

12 small-scale production, and any barriers to 

13 and long-term feasibility of such access. 

14 ‘‘(8) FUNDING.— 

15 ‘‘(A) IN GENERAL.—On October 1, 2016, 

16 and each October 1 thereafter, out of any funds 

17 in the Treasury not otherwise appropriated, the 

18 Secretary of the Treasury shall transfer to the 

19 Secretary to carry out this subsection 

20 $10,000,000, to remain available until ex21 pended. 

22 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

23 Secretary shall be entitled to receive, shall ac24 cept, and shall use to carry out this subsection 


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1 the funds transferred under subparagraph (A), 

2 without further appropriation. 

3 ‘‘(C) ADMINISTRATION.—Of the funds 

4 made available to the Secretary under subpara5 graph (A), not more than 5 percent may be 

6 used to pay administrative costs incurred by the 

7 Secretary in carrying out this subsection and 

8 evaluating the program in accordance with 

9 paragraph (6). 

10 ‘‘(e) SUMMER MEAL SERVICE THROUGH BUSINESS

11 PARTNERSHIP.— 

12 ‘‘(1) IN GENERAL.—From the funds made 

13 available under the summer food service program 

14 under section 13, the Secretary shall award grants 

15 on a competitive basis to not more than 4 State 

16 agencies to improve delivery of such summer food 

17 service program for low-income children in under18 served areas during summer through sustainable, 

19 scalable, business-driven solutions. 

20 ‘‘(A) DURATION.—A grant awarded under 

21 this section shall be for a period of not more 

22 than 3 years. 

23 ‘‘(B) PRIORITY.—In awarding grants 

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1 cation requirements under this subsection and 

2 which demonstrate a severe unmet need for 

3 serving children in additional eligible areas in 

4 the State through the summer food service pro5 gram under section 13. 

6 ‘‘(C) LIMITATION.—Funds under this sec7 tion will— 

8 ‘‘(i) be intended to reduce childhood 

9 hunger and allow parents to better partici10 pate in the labor force or an education or 

11 workforce development program; and 

12 ‘‘(ii) not preempt or prevent operation 

13 of the summer food service program as it 

14 operates through requirements of section 

15 13. 

16 ‘‘(2) STATE APPLICATION.—A State seeking to 

17 operate a demonstration award under this subsection 

18 shall submit an application at such time and in such 

19 manner as the Secretary may reasonably require. 

20 The application shall contain— 

21 ‘‘(A) State plans to implement and manage 

22 the program in accordance with other applicable 

23 Federal requirements under this Act; 

24 ‘‘(B) a determination of the eligible areas 

25 in the State in which poor economic conditions 


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1 exist in accordance with the program, but where 

2 an eligible service institution is not currently in 

3 operation, where the State may reimburse a 

4 vendor; 

5 ‘‘(C) identified eligible vendors which the 

6 State has determined to be qualified to provide 

7 meals in accordance with this section; 

8 ‘‘(D) a proposed timeline for entering into 

9 contracts with eligible vendors and strategies 

10 for effective communication; and 

11 ‘‘(E) an assurance that funds will be used 

12 to provide meals to the most vulnerable, under13 served, and rural populations, as determined by 

14 the State. 

15 ‘‘(3) ELIGIBLE VENDOR.—Under this section, 

16 an eligible vendor is a food vendor which the State 

17 determines has the administrative capacity and prov18 en operating performance to provide eligible meals to 

19 children in underserved areas in accordance with 

20 this subsection and with the limitations and require21 ments set forth in the summer food service program 

22 regulations regarding management responsibilities of 

23 sponsors and self-preparation sites, including the 

24 vendor— 


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1 ‘‘(A) accepts final administrative and fi2 nancial responsibility for management of an ef3 fective food service, including auditing and re4 porting responsibilities, but will not receive ad5 ministrative funding from the State to do so; 

6 ‘‘(B) has not been determined ineligible to 

7 participate in any other program under this Act 

8 or the Child Nutrition Act of 1966 by reason of 

9 violation of the requirements of that program; 

10 ‘‘(C) will provide adequate supervisory and 

11 operational personnel for monitoring and man12 agement of a self-preparation site; 

13 ‘‘(D) contracts directly with the State as a 

14 sponsor; 

15 ‘‘(E) ensures that meals are inspected peri16 odically as required under existing program reg17 ulations; 

18 ‘‘(F) participates in applicable State and 

19 Federal reporting and auditing requirements 

20 under this Act as appropriate, including to pro21 vide other information determined relevant by 

22 the Comptroller General in accordance with 

23 paragraph (5); 

24 ‘‘(G) has State or local health certification 

25 for the facilities in which meals will be prepared 


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1 and distributed for use in the program, and en2 sures that State and local health and sanitation 

3 requirements are met at all times; and 

4 ‘‘(H) has the organizational capacity to 

5 offer meals in underserved communities, includ6 ing preparation and delivery logistics. 

7 ‘‘(4) STATE DISBURSEMENT.—A State shall re8 imburse an eligible vendor for meals served to eligi9 ble children in accordance with the summer food 

10 service program under section 13 and with this sub11 section, as follows: 

12 ‘‘(A) Reimbursements shall be available for 

13 an eligible vendor operating in an eligible area 

14 in which poor economic conditions exist where 

15 no sponsor is currently operating the program 

16 under section 13. 

17 ‘‘(B) To the extent practicable, a State 

18 shall give priority to eligible vendors that— 

19 ‘‘(i) demonstrate partnerships with 

20 entities providing summer enrichment ac21 tivities such as schools, local government 

22 agencies, and nonprofit agencies; and 

23 ‘‘(ii) provide meals at a congregate 

24 site, although such vendor shall not be re25 quired to do so. 


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1 ‘‘(C) A State shall follow established proce2 dures in entering into contracts with a vendor, 

3 such as through a Request for Proposal, Invita4 tion for Sealed Bid, Small Purchase Procedure, 

5 or other common method. 

6 ‘‘(5) AUDITING.—Not later than 1 year after 

7 the end of each grant period for each grant under 

8 awarded under this subsection, the Comptroller Gen9 eral of the United States shall provide a report to 

10 Congress, including information about the impacts 

11 on children, families, and eligible service institutions 

12 during the summer in each State receiving such 

13 grant, including— 

14 ‘‘(A) the impact on parents’ abilities to 

15 participate in the labor force or an education or 

16 workforce development program; 

17 ‘‘(B) the reduction of childhood hunger 

18 and food insecurity; 

19 ‘‘(C) the ability for such business-driven 

20 models to be sustainable and scalable, including 

21 the costs associated in doing so; and 

22 ‘‘(D) the extent to which such funds under 

23 this section encouraged partnerships with 

24 schools, local government agencies, and non25 profit agencies. 


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1 ‘‘(6) LIMITATIONS.—The following rules shall 

2 apply with respect to this subsection: 

3 ‘‘(A) No commodities shall be provided to 

4 businesses or vendors under this subsection. 

5 ‘‘(B) Vendors shall assume all administra6 tive costs under this subsection. 

7 ‘‘(C) Meals shall be provided to children el8 igible for the summer food service program 

9 under section 13. 

10 ‘‘(D) A vendor receiving reimbursements 

11 shall not profit directly from such reimburse12 ments under this subsection. 

13 ‘‘(E) The Secretary shall include payments 

14 to States under this subsection in its calcula15 tions for administrative costs incurred by States 

16 under subsection (k)(1) of section 13. 

17 ‘‘(f) SUMMER ELECTRONIC BENEFIT TRANSFER FOR

18 CHILDREN.— 

19 ‘‘(1) PURPOSE.—The purposes of the provision 

20 of electronic benefits provided through this sub21 section are to assess the use of alternate methods of 

22 providing access to food for children during the sum23 mer months when school is not in regular session 

24 that are intended to— 


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1 ‘‘(A) increase summer food service pro2 gram effectiveness and efficiency; 

3 ‘‘(B) reduce or eliminate the food insecu4 rity and hunger of children; and 

5 ‘‘(C) improve the nutritional status of chil6 dren. 

7 ‘‘(2) DEMONSTRATION.— 

8 ‘‘(A) ELECTION.—A State that, as of the 

9 date of enactment of the Improving Child Nu10 trition and Education Act of 2016, is operating, 

11 or has operated, a summer electronic benefit 

12 transfer for children demonstration may elect to 

13 continue operating such demonstration in ac14 cordance with the requirements of this sub15 section as an alternative to other delivery mod16 els of providing meals to children during the 

17 summer months when school is not in regular 

18 session. 

19 ‘‘(B) STATE REQUIREMENTS.—As a condi20 tion of participating in the demonstration under 

21 this subsection, a State shall— 

22 ‘‘(i) be in full compliance with the 

23 electronic benefit transfer systems require24 ments of section 17(g)(12) of the Child 


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1 Nutrition Act of 1966 (42 U.S.C. 

2 1786(g)(12)); 

3 ‘‘(ii) comply with the requirements 

4 under this subsection; and 

5 ‘‘(iii) agree to provide such informa6 tion the Comptroller General of the United 

7 States may require for the evaluation of 

8 the demonstration as required under this 

9 subsection. 

10 ‘‘(3) DEFINITIONS.—In this subsection: 

11 ‘‘(A) ELIGIBLE HOUSEHOLD.—The term 

12 ‘eligible household’ means a household that in13 cludes 1 or more school-aged child determined 

14 as eligible to receive free or reduced price school 

15 meals during the prior school year, but such 

16 child is not participating in a program that pro17 vides food during the summer through the sum18 mer food service program under section 13. 

19 ‘‘(B) STATE.—The term ‘State’ includes a 

20 tribal entity. 

21 ‘‘(C) SUMMER ELECTRONIC BENEFIT

22 TRANSFER FOR CHILDREN DEMONSTRATION.— 

23 The term ‘summer electronic benefit transfer 

24 for children demonstration’ means an electronic 

25 benefit transfer demonstration project under 


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1 section 748(g)(1) of the Agriculture, Rural De2 velopment, Food and Drug Administration, and 

3 Related Appropriations Act, 2010 (Public Law 

4 111–80; 123 Stat. 2132) that uses the elec5 tronic benefit systems implemented in a State 

6 under section 17(g)(12) of the Child Nutrition 

7 Act of 1966 (42 U.S.C. 1786(g)(12)). 

8 ‘‘(4) BENEFIT LEVELS.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 approve States seeking to make an election 

11 under paragraph (2)(A) that will evaluate the 

12 impact of providing a variety of differentiated 

13 benefit levels to eligible children as a way to 

14 reach such children to the greatest extent prac15 ticable. The values of such benefits shall be de16 termined by the State, but shall be between $15 

17 and $30 per month for each school-aged child 

18 in an eligible household. 

19 ‘‘(B) RATE DETERMINATION.—In deter20 mining the values under subparagraph (A), a 

21 State may consider differentiating rates based 

22 on the need for such benefits, which may be de23 termined through factors such as— 

24 ‘‘(i) the proportion of applicants that 

25 are eligible for free price meals; 


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1 ‘‘(ii) total number of households and 

2 children seeking to participate; 

3 ‘‘(iii) food security in children across 

4 communities in such State; 

5 ‘‘(iv) average redemption rates of ben6 efits; 

7 ‘‘(v) impact of such values at improv8 ing food security in children; 

9 ‘‘(vi) availability of other community 

10 programs that provide meals to children 

11 during the summer months when school is 

12 not in regular session where children might 

13 otherwise receive nutrition assistance; and 

14 ‘‘(vii) any other information a State 

15 sees useful at determining such rates. 

16 ‘‘(C) LIMITATIONS.— 

17 ‘‘(i) TIME.—No child may receive 

18 more than 3 months of benefits under this 

19 paragraph in any 12-month period. 

20 ‘‘(ii) AMOUNT.—No child may receive 

21 more than $30 of benefits under this para22 graph per month. 

23 ‘‘(D) COST SHARING.—Nothing in this 

24 paragraph shall be construed to prohibit States 

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1 Federal resources for the purposes of this sub2 section. 

3 ‘‘(5) EFFECTIVE IMPLEMENTATION.— 

4 ‘‘(A) IN GENERAL.—In administering this 

5 subsection and providing benefits to children in 

6 accordance with this subsection, a State shall 

7 consider previous State experiences and best 

8 practices in implementing the summer elec9 tronic benefit transfer for children demonstra10 tion carried out before the date of enactment of 

11 the Improving Child Nutrition and Education 

12 Act of 2016, including information evaluating 

13 findings of the demonstration (including the 

14 2013 final report published by the Department 

15 of Agriculture). 

16 ‘‘(B) TECHNICAL ASSISTANCE.—The Sec17 retary shall provide, and periodically update, 

18 technical assistance to States for purposes of 

19 this paragraph. 

20 ‘‘(6) USE OF BENEFITS.— 

21 ‘‘(A) IN GENERAL.—Benefits issued to 

22 families through the election under paragraph 

23 (2)(A) may be used only for the purchase of 

24 food for consumption by school-aged children in 

25 such family. 


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1 ‘‘(B) TIMING.—Benefits issued through 

2 the election described in this subparagraph may 

3 be redeemed only when school is out of session 

4 for the summer period. 

5 ‘‘(7) ADMINISTRATION.—In administering this 

6 subsection, the State shall— 

7 ‘‘(A) ensure that benefits are issued only 

8 to eligible households that live— 

9 ‘‘(i) in areas with high rates of pov10 erty or long-term poverty that are rural 

11 and have no congregate feeding sites or ac12 cess to meals otherwise provided through 

13 the summer food service program author14 ized under section 13; or 

15 ‘‘(ii) outside an area in which poor 

16 economic conditions exist but in an area 

17 with no access to meals otherwise provided 

18 through the summer food service program 

19 authorized under section 13; 

20 ‘‘(B) issue benefits to eligible households 

21 only after such household has made an oral or 

22 written request to receive electronic benefit 

23 transfer benefits under this subsection; 

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1 tion plan described in subsection (n), including 

2 the process for identifying areas in which bene3 fits will be issued; and 

4 ‘‘(D) ensure full compliance with section 

5 17(h)(12)(13) of the Child Nutrition Act of 

6 1966 (42 U.S.C. 1786(h)(12)(13)). 

7 ‘‘(8) EVALUATION.—The Secretary shall pro8 vide for an ongoing, independent evaluation of the 

9 demonstration carried out under this subsection, in10 cluding quasi-experimental or other methods that 

11 are capable of producing scientifically valid informa12 tion to determine effectiveness in achieving the pur13 poses described in paragraph (1), including exam14 ining or assessing— 

15 ‘‘(A) feasibility of, or barriers to, success16 ful implementation of, this subsection; 

17 ‘‘(B) varied approaches in State implemen18 tation of this subsection, including different ap19 proaches, challenges, and lessons learned; 

20 ‘‘(C) specific levels of use and receipt of 

21 benefits; 

22 ‘‘(D) impact on children’s food security 

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1 graphical areas such as rural, urban, and sub2 urban areas, localities, and States; 

3 ‘‘(E) total cost (including administrative 

4 cost) of implementing and operating this sub5 section, including in comparison to other meth6 ods of providing summer meal service to school7 aged children; 

8 ‘‘(F) impacts and results of such evalua9 tion in comparison to evaluations of the sum10 mer electronic benefits transfer for children 

11 demonstration published by the Secretary of 

12 Agriculture; and 

13 ‘‘(G) the potential for benefits provided 

14 under this subsection to improve effectiveness 

15 and efficiency of the summer food service pro16 gram in comparison to other methods of pro17 viding summer meal service to school-aged chil18 dren. 

19 ‘‘(9) REPORT.—Not later than one year after 

20 amounts are first appropriated under paragraph 

21 (10), and each year thereafter, the Comptroller Gen22 eral of the United States shall submit to Congress 

23 a report that— 


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1 ‘‘(A) includes the information resulting 

2 from the most recent evaluation under para3 graph (8); and 

4 ‘‘(B) takes into consideration evaluations 

5 of the summer electronic benefits transfer for 

6 children demonstration published by the Sec7 retary of Agriculture. 

8 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(A) IN GENERAL.—There is authorized to 

10 be appropriated to carry out this subsection not 

11 more than $10,000,000 for each of fiscal years 

12 2018 through 2020, to remain available until 

13 expended. 

14 ‘‘(B) LIMITATIONS.—Of such appropria15 tions, for each fiscal year— 

16 ‘‘(i) each State shall utilize a portion 

17 for administrative funds that shall be equal 

18 to the levels necessary to effectively and ef19 ficiently administer the State’s demonstra20 tion under this subsection, as determined 

21 by the State; 

22 ‘‘(ii) not more than 1 percent may be 

23 spent on administrative funds by the Sec24 retary; and 


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1 ‘‘(iii) not more than $499,999 shall be 

2 available for the Secretary to comply with 

3 paragraph (8). 

4 ‘‘(11) GUIDANCE.—Not later than December 

5 31, 2016, the Secretary shall provide guidance to 

6 States to implement this subsection, including rec7 ommendations for States to successfully continue to 

8 implement the summer electronic benefit transfer for 

9 children demonstration while complying with the new 

10 or additional requirements of this subsection.’’. 

11 SEC. 110. FRUIT AND VEGETABLE PROGRAM. 

12 Section 19 of the Richard B. Russell National School 

13 Lunch Act (42 U.S.C. 1769a) is amended— 

14 (1) in the heading, by striking ‘‘FRESH’’; 

15 (2) by striking ‘‘fresh’’ each place it appears in 

16 subsections (a), (b), and (e); and 

17 (3) in subsection (i)— 

18 (A) by striking paragraphs (5) and (7); 

19 (B) by redesignating paragraph (6) as 

20 paragraph (5); and 

21 (C) by adding at the end the following: 

22 ‘‘(6) CLARIFICATION.—The Secretary shall 

23 issue guidance that clarifies to States that funds 

24 under this program may be used on all forms of 


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1 fruits and vegetables and is no longer limited to only 

2 fresh fruits and vegetables.’’. 

3 SEC. 111. COMPLIANCE AND ACCOUNTABILITY. 

4 Section 22 of the Richard B. Russell National School 

5 Lunch Act (42 U.S.C. 1769c) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘(1) IN GENERAL.—There 

8 shall be’’ and inserting ‘‘There shall be’’; and 

9 (B) by redesignating subparagraphs (A) 

10 and (B) as paragraphs (1) and (2), respectively, 

11 and indenting appropriately; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1)(C)(i), by striking ‘‘3- 

14 year cycle’’ and inserting ‘‘5-year cycle’’; 

15 (B) by redesignating paragraphs (4) 

16 through (6) as paragraphs (5) through (7), re17 spectively; 

18 (C) by striking paragraph (3) and insert19 ing the following: 

20 ‘‘(3) ERROR REDUCTION PLANS.— 

21 ‘‘(A) IN GENERAL.—Each State agency 

22 shall work with the local educational agencies 

23 that have the highest rates of certification er24 rors according to the verification process under 

25 section 9(a)(D) to develop an error reduction 


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1 plan and monitor implementation of the plan 

2 over the remainder of the review cycle. 

3 ‘‘(B) PLAN COMPONENTS.—Each error re4 duction plan shall include— 

5 ‘‘(i) specific measures that the local 

6 educational agency shall take to reduce 

7 certification errors, including at a min8 imum— 

9 ‘‘(I) increasing the standard 

10 verification sample size, except such 

11 increase shall not result in a 

12 verification sample size of more than 

13 15 percent; 

14 ‘‘(II) improvements in the appli15 cation; 

16 ‘‘(III) the use of technology to 

17 minimize opportunities for error; and 

18 ‘‘(IV) enhanced training and 

19 oversight of staff involved in the cer20 tification and verification process; 

21 ‘‘(ii) a timeline for the local edu22 cational agency to implement those meas23 ures within the review cycle; 

24 ‘‘(iii) annual goals for reductions in 

25 certification errors; 


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1 ‘‘(iv) technical assistance to be pro2 vided by the State agency; and 

3 ‘‘(v) working with an educational serv4 ice agency to help conduct the verification 

5 process and other aspects of the program 

6 as necessary to help reduce errors in the 

7 administration of the program. 

8 ‘‘(C) STATE AGENCY RESPONSIBILITIES.— 

9 Each State agency shall— 

10 ‘‘(i) assist the local educational agen11 cies identified under subparagraph (D) 

12 with developing an error reduction plan 

13 that complies with subparagraph (B); 

14 ‘‘(ii) provide technical assistance as 

15 described in the error reduction plan under 

16 subparagraph (B)(iv); 

17 ‘‘(iii) conduct annual reviews focused 

18 on the direct certification, application, cer19 tification, verification, meal counting, and 

20 meal claiming processes; and 

21 ‘‘(iv) report annually to the Secretary 

22 on the progress of the State in reducing 

23 errors. 

24 ‘‘(D) SELECTION OF LOCAL EDUCATIONAL

25 AGENCIES.— 


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1 ‘‘(i) IN GENERAL.—Each State agency 

2 shall select up to 10 percent of the local 

3 educational agencies in the State to de4 velop an error reduction plan. 

5 ‘‘(ii) LIMITATION.—The percentage of 

6 local educational agencies selected under 

7 clause (i) shall not be comprised of more 

8 than 50 percent of small local educational 

9 agencies, as determined by the Secretary. 

10 ‘‘(iii) ASSESSMENT OF CERTIFICATION

11 ERROR.—In selecting local educational 

12 agencies under this paragraph, certification 

13 error shall be assessed based on a measure 

14 determined by the Secretary that con15 siders— 

16 ‘‘(I) the results of the reviews 

17 conducted under paragraph (1); and 

18 ‘‘(II) the percentage of household 

19 applications verified under section 

20 9(b)(3)(D)(i) that had the level of 

21 benefits changed as a result of infor22 mation obtained during the 

23 verification process, excluding benefit 

24 terminations resulting from not ob25 taining information during household 


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1 verification conducted under section 

2 9(b)(3)(G). 

3 ‘‘(4) HIGH PERFORMANCE.— 

4 ‘‘(A) IN GENERAL.—If a local educational 

5 agency is determined to be in the top 20 per6 cent of local educational agencies in the State, 

7 as determined by the State under subparagraph 

8 (B), the sample size under section 

9 9(b)(3)(D)(i)(II) shall be a verification sample 

10 size of 2.5 percent. 

11 ‘‘(B) CONSIDERATIONS.—The State shall 

12 determine whether a local educational agency is 

13 in the top 20 percent of local educational agen14 cies in the State by considering error rates, 

15 confirmation rates, nonresponse rates, response 

16 rates, and other factors as necessary to make 

17 such determination.’’; and 

18 (D) in paragraph (6) (as redesignated by 

19 subparagraph (B)), in subparagraph (A), by 

20 striking ‘‘paragraph (4)’’ each place it appears 

21 and inserting ‘‘paragraph (5)’’; and 

22 (3) in subsection (d), by striking ‘‘2011 through 

23 2015’’ and inserting ‘‘2017 through 2021’’. 


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1 SEC. 112. REPEAL OF STATE CHILDHOOD HUNGER CHAL2 LENGE GRANTS. 

3 Section 24 of the Richard B. Russell National School 

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

5 SEC. 113. DUTIES OF THE SECRETARY RELATING TO NON6 PROCUREMENT DEBARMENT. 

7 Section 25 of the Richard B. Russell National School 

8 Lunch Act (42 U.S.C. 1769f) is amended— 

9 (1) by redesignating subsection (g) as sub10 section (h); and 

11 (2) by inserting after subsection (f) the fol12 lowing: 

13 ‘‘(g) FINES.— 

14 ‘‘(1) IN GENERAL.—In a situation in which a 

15 contractor is found guilty in any criminal proceeding 

16 or found liable in any civil or administrative pro17 ceeding, of the activities listed in paragraph (2), in 

18 connection with the supplying, providing, or selling 

19 of goods or services to any local agency in connec20 tion with a child nutrition program, the Secretary 

21 shall impose a civil penalty of not more than 

22 $100,000,000, as determined by the Secretary, to 

23 provide restitution to the program for harm done to 

24 the program. 

25 ‘‘(2) INCLUDED ACTIVITIES.—Activities include, 

26 at a minimum— 


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1 ‘‘(A) an anticompetitive activity, including 

2 bid-rigging, price-fixing, the allocation of cus3 tomers between competitors, or other violation 

4 of Federal or State antitrust laws; 

5 ‘‘(B) fraud, bribery, theft, forgery, or em6 bezzlement; 

7 ‘‘(C) knowingly receiving stolen property; 

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

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

10 ‘‘(3) USE OF FUNDS.—Any funds collected 

11 under this subsection shall be credited to the child 

12 nutrition programs appropriations account.’’. 

13 SEC. 114. IMPROVEMENTS TO SCHOOL LUNCH FACILITIES. 

14 The Richard B. Russell National School Lunch Act 

15 is amended by inserting after section 26 (42 U.S.C. 

16 1769g) the following: 

17 ‘‘SEC. 27. IMPROVEMENTS TO SCHOOL LUNCH FACILITIES. 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) DURABLE EQUIPMENT.—The term ‘dura20 ble equipment’ means durable food preparation, han21 dling, cooking, serving, and storage equipment great22 er than $500 in value. 

23 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en24 tity’ means— 


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1 ‘‘(A) a local educational agency or a school 

2 food authority administering or operating a 

3 school lunch program under this Act; 

4 ‘‘(B) a tribal organization; or 

5 ‘‘(C) a consortium that includes a local 

6 educational agency or school food authority de7 scribed in subparagraph (A), a tribal organiza8 tion, or both. 

9 ‘‘(3) INFRASTRUCTURE.—The term ‘infrastruc10 ture’ means a food storage facility, kitchen, food 

11 service facility, cafeteria, dining room, or food prepa12 ration facility. 

13 ‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term 

14 ‘local educational agency’ has the meaning given the 

15 term in section 8101 of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 7801). 

17 ‘‘(5) SCHOOL FOOD AUTHORITY.—The term 

18 ‘school food authority’ has the meaning given the 

19 term in section 210.2 of title 7, Code of Federal 

20 Regulations (or a successor regulation). 

21 ‘‘(6) TRIBAL ORGANIZATION.—The term ‘tribal 

22 organization’ has the meaning given the term in sec23 tion 4 of the Indian Self-Determination and Edu24 cation Assistance Act (25 U.S.C. 450b). 

25 ‘‘(b) LOAN GUARANTEES.— 


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1 ‘‘(1) AUTHORITY.—The Secretary shall issue a 

2 loan guarantee to an eligible lender for purposes of 

3 financing the construction, remodeling, or expansion 

4 of infrastructure or the purchase of durable equip5 ment that will assist the eligible entity in providing 

6 healthy meals through the school lunch program au7 thorized under this Act. 

8 ‘‘(2) PREFERENCE.—In issuing a loan guar9 antee under this subsection, the Secretary shall give 

10 a preference to an eligible entity that, as compared 

11 with other eligible entities seeking a loan guarantee 

12 under this subsection, demonstrates substantial or 

13 disproportionate— 

14 ‘‘(A) need for infrastructure improvement 

15 or durable equipment; or 

16 ‘‘(B) impairment in durable equipment. 

17 ‘‘(3) OVERSIGHT.—The Secretary, acting 

18 through the Under Secretary for Rural Develop19 ment, shall establish procedures to oversee any 

20 project or purchase for which a loan guarantee is 

21 issued under this subsection. 

22 ‘‘(4) GUARANTEE AMOUNT.—A loan guarantee 

23 issued under this subsection may not guarantee 

24 more than 80 percent of the principal amount of the 

25 loan. 


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1 ‘‘(5) FEES AND COSTS.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall 

3 establish fees for loan guarantees under this 

4 subsection that are, to the maximum extent 

5 practicable, equal to all costs of the loan guar6 antees as determined under the Federal Credit 

7 Reform Act of 1990 (2 U.S.C. 661 et seq.), as 

8 determined by the Secretary. 

9 ‘‘(B) FEE SHORTFALL.—To the extent 

10 that the Secretary determines that fees de11 scribed in subparagraph (A) are not sufficient 

12 to pay for all of the costs for the loan guaran13 tees pursuant to the Federal Credit Reform Act 

14 of 1990 (2 U.S.C. 661 et seq.), the Secretary 

15 may use funds described in paragraph (6) to 

16 pay for the costs of loan guarantees not paid 

17 for by the fees. 

18 ‘‘(6) FUNDING.—Subject to the availability of 

19 appropriations provided in advance in an appropria20 tions Act specifically for the purpose of carrying out 

21 this subsection, there is authorized to be appro22 priated $5,000,000 for fiscal year 2016 and each fis23 cal year thereafter. 

24 ‘‘(c) GRANTS.— 


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1 ‘‘(1) AUTHORITY.—Beginning in fiscal year 

2 2017 and subject to the availability of appropria3 tions provided in advance in an appropriations Act 

4 specifically for the purpose of carrying out this sub5 section, the Secretary shall make grants, on a com6 petitive basis, to eligible entities for the purchase of 

7 durable equipment and infrastructure needed to 

8 serve healthier meals and improve food safety. 

9 ‘‘(2) PRIORITY.—In awarding grants under this 

10 subsection, the Secretary shall give priority to eligi11 ble entities that— 

12 ‘‘(A) are located in States that have en13 acted comparable statutory grant funding 

14 mechanisms or that have otherwise appro15 priated funds for the purpose described in para16 graph (1); and 

17 ‘‘(B) have identified and are reasonably ex18 pected to meet an unmet local or community 

19 need— 

20 ‘‘(i) through a public-private partner21 ship or partnership with a food pantry or 

22 other low-income assistance agency; or 

23 ‘‘(ii) by allowing related community 

24 organizations to use kitchen or cafeteria 

25 space. 


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1 ‘‘(3) FEDERAL SHARE.— 

2 ‘‘(A) IN GENERAL.—The Federal share of 

3 costs for assistance funded through a grant 

4 awarded under this subsection shall not exceed 

5 80 percent of the total cost of the durable 

6 equipment or infrastructure. 

7 ‘‘(B) MATCHING.—To receive a grant 

8 under this subsection, an eligible entity shall 

9 provide matching support in the form of cash or 

10 in-kind contributions. 

11 ‘‘(C) WAIVER.—The Secretary may waive 

12 or vary the requirements of subparagraphs (A) 

13 and (B) if the Secretary determines that undue 

14 hardship or effective exclusion from participa15 tion would otherwise result. 

16 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(A) IN GENERAL.—There is authorized to 

18 be appropriated $25,000,000 to carry out this 

19 subsection for fiscal year 2017 through fiscal 

20 year 2019. 

21 ‘‘(B) LIMIT.—The Secretary may use not 

22 more than 5 percent of the funds made avail23 able under subparagraph (A) to provide tech24 nical assistance. 


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1 ‘‘(d) SALAD BARS.—Not later than 180 days after 

2 the date of the enactment of the Improving Child Nutri3 tion and Education Act of 2016, the Secretary shall review 

4 or revise any guidance in existence on that date of enact5 ment so as to ensure that school food authorities have 

6 flexibility in the establishment and implementation of 

7 salad bars.’’. 

8 SEC. 115. PROHIBITIONS. 

9 The Richard B. Russell National School Lunch Act 

10 (42 U.S.C. 1751 et seq.) is further amended by adding 

11 at the end the following: 

12 ‘‘SEC. 30. PROHIBITIONS. 

13 ‘‘Nothing in this Act, the Child Nutrition Act of 1966 

14 (42 U.S.C. 1771 et seq.), the Health, Hunger-Free Kids 

15 Act of 2010, or the Improving Child Nutrition and Edu16 cation Act of 2016 shall— 

17 ‘‘(1) authorize the Secretary to issue or estab18 lish any regulations or requirements not explicitly 

19 authorized under any such Act; or 

20 ‘‘(2) authorize the Secretary to require, as a 

21 condition of participation in any program under any 

22 such Act— 

23 ‘‘(A) any curriculum or education require24 ments for participating schools or child care 

25 providers; or 


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1 ‘‘(B) the adoption of any specific education 

2 standards for nutrition education.’’. 

3 TITLE II—CHILD NUTRITION ACT 

4 SEC. 201. SPECIAL MILK PROGRAM AUTHORIZATION. 

5 Section 3(a)(7) of the Child Nutrition Act of 1966 

6 (42 U.S.C. 1772(a)(7)) is amended by striking ‘‘on an an7 nual basis each’’ and inserting ‘‘annually by February 15 

8 for the upcoming’’. 

9 SEC. 202. SCHOOL BREAKFAST PROGRAM. 

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

11 U.S.C. 1773) is amended— 

12 (1) in subsection (b)(1), by adding at the end 

13 the following: 

14 ‘‘(F) INCREASED REIMBURSEMENT.—(i) 

15 For school year 2018–2019, the Secretary shall 

16 increase by 2 cents the annually adjusted pay17 ment for each breakfast (free, reduced price, 

18 and paid) described in subparagraph (B). 

19 ‘‘(ii) For school year 2019–2020, the na20 tional average payment for each breakfast re21 ferred to in clause (i) of this subparagraph shall 

22 equal the result obtained under such clause (i) 

23 applicable to such breakfast, as annually ad24 justed for the school year in accordance with 

25 subparagraph (B). 


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1 ‘‘(iii) For school year 2020–2021, the na2 tional average payment for each breakfast re3 ferred to in clause (i) of this subparagraph shall 

4 equal the annually adjusted payment for such 

5 breakfast, as determined under clause (ii) of 

6 this subparagraph, plus 1 cent. 

7 ‘‘(iv) For school year 2021–2022, and each 

8 succeeding school year, the national average 

9 payment for each breakfast referred to in clause 

10 (i) of this subparagraph shall equal the result 

11 obtained under clause (iii) of this subparagraph 

12 applicable to such breakfast, as annually ad13 justed for the school year in accordance with 

14 subparagraph (B).’’; and 

15 (2) in subsection (e)(1)(B), by striking ‘‘, in16 cluding technical’’ and all that follows through ‘‘es17 tablished under this section,’’. 

18 SEC. 203. STATE ADMINISTRATIVE EXPENSES. 

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

20 U.S.C. 1776) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (3), in the second sen23 tence, by striking ‘‘, except as provided in para24 graph (5)’’; 

25 (B) by striking paragraph (5); and 


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1 (C) by redesignating paragraphs (6) 

2 through (9) as paragraphs (5) through (8), re3 spectively; 

4 (2) in subsection (b)— 

5 (A) by striking ‘‘expenses, for administra6 tive’’ and inserting the following: ‘‘expenses 

7 for—’’ 

8 ‘‘(1) administrative’’; and 

9 (B) by striking ‘‘for support’’ and all that 

10 follows through ‘‘for staff’’ and inserting the 

11 following: 

12 ‘‘(2) support services; 

13 ‘‘(3) office equipment; 

14 ‘‘(4) State-operated purchasing programs; and 

15 ‘‘(5) staff’’; 

16 (3) in subsection (g)(2)(B), by amending clause 

17 (iii) to read as follows: 

18 ‘‘(iii) MINIMIZING DISRUPTIONS.—The 

19 Secretary shall encourage school food au20 thorities to consider— 

21 ‘‘(I) providing the training re22 quired under this subparagraph to 

23 local food service personnel during 

24 paid, regular hours; and 


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1 ‘‘(II) that to the extent that 

2 training must occur during nonwork 

3 hours, it is minimally disruptive to 

4 employees’ other work obligations if 

5 employees are provided with sufficient 

6 notice of training.’’; 

7 (4) in subsection (i)— 

8 (A) in paragraph (3)— 

9 (i) in subparagraph (A), by inserting 

10 before the period at the end the following: 

11 ‘‘and for the purposes described in section 

12 749(h) of the Agriculture, Rural Develop13 ment, Food and Drug Administration, and 

14 Related Agencies Appropriations Act, 2010 

15 (Public Law 111–80; 123 Stat. 2133)’’; 

16 and 

17 (ii) by adding at the end the fol18 lowing: 

19 ‘‘(C) PRIORITY.—In awarding funds to 

20 States under this paragraph, the Secretary 

21 shall give priority to States in which local edu22 cational agencies, school food authorities, or 

23 schools submit a plan under subparagraph (B) 

24 that includes the use of technology or informa25 tion management systems to provide assistance 


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1 to tribal organizations administering the food 

2 distribution program on Indian reservations es3 tablished under section 4(b) of the Food and 

4 Nutrition Act of 2008 (7 U.S.C. 2013(b)) for 

5 purposes of improving the rate of direct certifi6 cation of children in households participating in 

7 that program.’’; and 

8 (B) in paragraph (4), by striking ‘‘2015’’ 

9 and inserting ‘‘2020’’; 

10 (5) in subsection (j), by striking ‘‘2015’’ and 

11 inserting ‘‘2020’’; 

12 (6) by redesignating subsection (j) as sub13 section (k); and 

14 (7) by inserting after subsection (i) the fol15 lowing: 

16 ‘‘(j) CENTRALIZED EXCHANGE NETWORK.— 

17 ‘‘(1) ESTABLISHMENT.—The Secretary shall es18 tablish a centralized exchange network to facilitate 

19 State exchange of information and best practices, for 

20 programs authorized under this Act or the Richard 

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

22 1751 et seq.). 

23 ‘‘(2) NETWORK TOPICS.—State exchanges of in24 formation and best practices described in paragraph 


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1 (1) may include, at a minimum, research methods 

2 and data related to— 

3 ‘‘(A) improved efficiency in the delivery of 

4 benefits; 

5 ‘‘(B) improved compliance in the pro6 grams; and 

7 ‘‘(C) reduction of fraud, waste, and abuse 

8 in the programs. 

9 ‘‘(3) ADMINISTRATIVE FUNDS.—The Secretary 

10 shall not use more than $450,000 for such net11 work.’’. 

12 SEC. 204. REGULATIONS. 

13 Section 10(b)(1)(C) of the Child Nutrition Act of 

14 1966 (42 U.S.C. 1779(b)(1)(C)) is amended— 

15 (1) in clause (i), by striking ‘‘and’’ at the end; 

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

17 (ii) and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(iii) ensuring that the nutrition 

20 standards under this paragraph do not 

21 apply to fundraisers held by student 

22 groups or organizations; and 

23 ‘‘(iv) ensure that the nutrition stand24 ards under this paragraph allow any foods 

25 that may be served as part of a reimbursVerDate Sep 11 2014 04:30 Apr 28, 2016 Jkt 059200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H5003.IH H5003

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1 able meal served under the school meal 

2 programs to be sold in schools as described 

3 in subparagraph (B).’’. 

4 SEC. 205. DEFINITION OF AUTHORIZED STATE AGENCY. 

5 Section 15 of the Child Nutrition Act of 1966 (42 

6 U.S.C. 1784) is amended by striking paragraph (2) and 

7 inserting the following: 

8 ‘‘(2) AUTHORIZED STATE AGENCY.—The term 

9 ‘authorized State agency’ means— 

10 ‘‘(A) the chief State school officer (such as 

11 the State superintendent of public instruction, 

12 commissioner of education, or similar officer); 

13 ‘‘(B) a board of education controlling the 

14 State department of education; 

15 ‘‘(C) the State Commissioner or individual 

16 who administers agricultural programs in the 

17 State; or 

18 ‘‘(D) a State official the State legislature 

19 designates to administer the programs under 

20 this Act.’’. 

21 SEC. 206. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 

22 FOR WOMEN, INFANTS, AND CHILDREN. 

23 (a) IN GENERAL.—Section 17 of the Child Nutrition 

24 Act of 1966 (42 U.S.C. 1786) is amended— 


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1 (1) in subsection (a), in the second sentence, by 

2 inserting ‘‘counseling,’’ before ‘‘promotion,’’; 

3 (2) in subsection (b)(14), by striking the para4 graph designation and all that follows through 

5 ‘‘means those foods’’ and inserting the following: 

6 ‘‘(14) SUPPLEMENTAL FOOD.—The term ‘sup7 plemental food’ means any food’’; 

8 (3) in subsection (d)— 

9 (A) in paragraph (2)— 

10 (i) in subparagraph (B)— 

11 (I) in the matter preceding clause 

12 (i), by striking ‘‘may choose to’’ and 

13 inserting ‘‘shall’’; 

14 (II) in clause (i)(II), by striking 

15 ‘‘and’’ at the end; 

16 (III) in clause (ii), by striking 

17 the period at the end and inserting ‘‘; 

18 and’’; and 

19 (IV) by adding at the end the fol20 lowing: 

21 ‘‘(iii) any basic allowance for subsist22 ence provided under section 402 of title 

23 37, United States Code, to a member of a 

24 uniformed service.’’; and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(E) CHILD SUPPORT PAYMENTS.—For 

4 the purpose of determining income eligibility 

5 under this section, a State agency shall exclude 

6 from income any child support payment for an 

7 applicant who is legally obligated to pay child 

8 support for any noncustodial child.’’; and 

9 (B) in paragraph (3), by adding at the end 

10 the following: 

11 ‘‘(G) DATA EXCHANGE STANDARDS FOR

12 IMPROVED INTEROPERABILITY.— 

13 ‘‘(i) DESIGNATION.—The Secretary, 

14 in consultation with an interagency work 

15 group established by the Office of Manage16 ment and Budget, and taking into consid17 eration State government perspectives, 

18 shall designate data exchange standards to 

19 govern, under this section— 

20 ‘‘(I) necessary categories of infor21 mation that State agencies operating 

22 related programs are required under 

23 applicable law to electronically ex24 change with another State agency; 

25 and 


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1 ‘‘(II) Federal reporting and data 

2 exchange required under applicable 

3 law. 

4 ‘‘(ii) REQUIREMENTS.—The data ex5 change standards required by clause (i) 

6 shall, to the maximum extent practicable— 

7 ‘‘(I) incorporate a widely accept8 ed, nonproprietary, searchable, com9 puter-readable format; 

10 ‘‘(II) contain interoperable stand11 ards developed and maintained by 

12 intergovernmental partnerships, such 

13 as the National Information Exchange 

14 Model; 

15 ‘‘(III) incorporate interoperable 

16 standards developed and maintained 

17 by Federal entities with authority re18 garding contracting and financial as19 sistance; 

20 ‘‘(IV) be consistent with, and im21 plement, applicable accounting prin22 ciples; 

23 ‘‘(V) be implemented in a man24 ner that— 

25 ‘‘(aa) is cost effective; and 


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1 ‘‘(bb) improves program effi2 ciency and effectiveness; 

3 ‘‘(VI) be capable of being up4 graded as necessary; and 

5 ‘‘(VII) protects the privacy of 

6 any personally identifiable information 

7 from being accessed by individuals 

8 who do not need access to such infor9 mation. 

10 ‘‘(iii) EFFECT OF SUBPARAGRAPH.— 

11 Nothing in this subparagraph requires any 

12 change to an existing data exchange stand13 ard for Federal reporting that is deter14 mined to be effective and efficient. 

15 ‘‘(iv) IMPLEMENTATION.— 

16 ‘‘(I) IN GENERAL.—Not later 

17 than 2 years after the date of the en18 actment of the Improving Child Nutri19 tion and Education Act of 2016, the 

20 Secretary shall issue a proposed rule 

21 to implement this subparagraph. 

22 ‘‘(II) REQUIREMENTS.—The pro23 posed rule under this clause shall— 

24 ‘‘(aa) identify all federally 

25 required data exchanges; 


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1 ‘‘(bb) include specification 

2 and timing for the exchanges to 

3 be standardized; 

4 ‘‘(cc) address the factors 

5 used in determining whether and 

6 when to standardize data ex7 changes; 

8 ‘‘(dd) specify State imple9 mentation options; and 

10 ‘‘(ee) describe future mile11 stones.’’; 

12 (4) in subsection (e)— 

13 (A) by striking the subsection designation 

14 and all that follows through ‘‘The State agency 

15 shall’’ in the first sentence of paragraph (1) 

16 and inserting the following: 

17 ‘‘(e) NUTRITION AND DRUG ABUSE EDUCATION.— 

18 ‘‘(1) EDUCATION.— 

19 ‘‘(A) IN GENERAL.—A State agency shall’’; 

20 (B) in paragraph (1) (as amended by sub21 paragraph (A)), by adding at the end the fol22 lowing: 

23 ‘‘(B) DISPOSAL OF CERTAIN INFANT FOR24 MULA.— 


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1 ‘‘(i) IN GENERAL.—The State agency 

2 shall ensure that all pregnant, postpartum, 

3 and breastfeeding participants in the pro4 gram, and parents or caretakers of infant 

5 and child participants in the program, are 

6 provided education regarding proper dis7 posal of unused or excess infant formula 

8 obtained with food instruments issued 

9 under the program under this section. 

10 ‘‘(ii) INCLUSIONS.—The education 

11 under this subparagraph shall include in12 formation regarding— 

13 ‘‘(I) the safety hazards of pur14 chasing infant formula from an unau15 thorized vendor; and 

16 ‘‘(II) the penalties associated 

17 with the gifting, trading, sale, or re18 sale of infant formula or other supple19 mental foods obtained with food in20 struments issued under the program 

21 under this section, in accordance with 

22 subsection (o).’’; and 

23 (C) by striking paragraph (3) and insert24 ing the following: 

25 ‘‘(3) NUTRITION EDUCATION MATERIALS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary, after 

2 submitting proposed nutrition education mate3 rials to the Secretary of Health and Human 

4 Services for comment, shall issue the materials 

5 for use in the program under this section. 

6 ‘‘(B) SHARING OF MATERIALS WITH CHILD

7 AND ADULT CARE FOOD PROGRAM.—A State 

8 agency may allow the local agencies or clinics 

9 operating under the State agency to share nu10 trition educational materials with institutions 

11 participating in the Child and Adult Care Food 

12 Program established under section 17 of the 

13 Richard B. Russell National School Lunch Act 

14 (42 U.S.C. 1766) at no cost to that program, 

15 if a written materials-sharing agreement exists 

16 between the relevant agencies.’’; 

17 (5) in subsection (f)— 

18 (A) by striking ‘‘(f)(1)(A) Each State 

19 agency’’ and all that follows through the end of 

20 paragraph (1)(A) and inserting the following: 

21 ‘‘(f) PLAN OF OPERATION AND ADMINISTRATION BY

22 STATE AGENCY.— 

23 ‘‘(1) REQUIREMENTS.— 

24 ‘‘(A) SUBMISSION.— 


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1 ‘‘(i) IN GENERAL.—Each State agency 

2 shall submit to the Secretary a plan of op3 eration and administration of the program 

4 authorized under this section. 

5 ‘‘(ii) DEADLINES.—Each State agency 

6 shall submit— 

7 ‘‘(I) an initial plan not later than 

8 such date as is specified by the Sec9 retary; and 

10 ‘‘(II) an update to the plan every 

11 3 years thereafter or, if the require12 ments of this section continue to be 

13 met by current plan, an assurance 

14 that the current plan continues to 

15 meet such requirements.’’; 

16 (B) in paragraph (1)(B), by striking ‘‘sub17 mitted for’’ and inserting ‘‘submitted covering’’; 

18 (C) in paragraph (1)(C)— 

19 (i) in clause (x), by striking ‘‘and’’ at 

20 the end; 

21 (ii) by redesignating clause (xi) as 

22 clause (xiii); and 

23 (iii) by inserting after clause (x) the 

24 following: 


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1 ‘‘(xi) a plan to allow, during an emer2 gency or disaster period, for different foods 

3 to be obtained with program benefits in 

4 lieu of, or in addition to, the supplemental 

5 foods available to be obtained with such 

6 benefits; 

7 ‘‘(xii) a plan detailing the methods to 

8 be used by all local agencies to ensure 

9 compliance with subsection (d)(2); and’’; 

10 (D) in paragraph (5)— 

11 (i) by striking ‘‘(5) State and local’’ 

12 and inserting the following: 

13 ‘‘(5) ACCOUNTS, RECORDS, AND REVIEW.— 

14 ‘‘(A) IN GENERAL.—State and local’’; and 

15 (ii) by adding at the end the fol16 lowing: 

17 ‘‘(B) REVIEW.—The Secretary shall peri18 odically review State and local agency compli19 ance with the approved plan of operation and 

20 administration of the applicable State.’’; 

21 (E) in paragraph (10)— 

22 (i) by striking ‘‘(10) The Secretary’’ 

23 and inserting the following: 

24 ‘‘(10) STANDARDS FOR ADMINISTRATION.— 

25 ‘‘(A) IN GENERAL.—The Secretary’’; and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(B) NOTIFICATION TO STATE AUTHOR4 ITY.—If, on reviewing the administration by a 

5 State of the program, the Secretary determines 

6 there is a need to temporarily halt the State 

7 from approving new vendors to address defi8 ciencies in proper administration, the Secretary 

9 may issue a moratorium on the authority of the 

10 State to approve new vendors, subject to the 

11 condition that the Secretary shall provide the 

12 State with reasoning behind such determination 

13 and shall establish— 

14 ‘‘(i) a timeframe under which the 

15 moratorium will be issued, including any 

16 renewal or lifting of the moratorium; 

17 ‘‘(ii) a process to approve vendors for 

18 the State in a manner that does not im19 pede— 

20 ‘‘(I) the sale of a business; or 

21 ‘‘(II) the establishment of any 

22 new business; and 

23 ‘‘(iii) a review process to be conducted 

24 by the Secretary to ensure that partici25 pants, nonparticipants, and vendors are 


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1 not adversely impacted by the implementa2 tion of the moratorium.’’; 

3 (F) in paragraph (11)— 

4 (i) in subparagraph (C)— 

5 (I) in clause (i), by inserting be6 fore the semicolon at the end the fol7 lowing: ‘‘which, beginning not later 

8 than 60 days after the date of enact9 ment of the Improving Child Nutri10 tion and Education Act of 2016, shall 

11 include an examination of criteria re12 lating to fluid milk (in consideration 

13 of the most recent Dietary Guidelines 

14 for Americans published under section 

15 301 of the National Nutrition Moni16 toring and Related Research Act of 

17 1990 (719 U.S.C. 5341)), and an ex18 amination of the consumption and re19 demption rates of milk beginning on 

20 May 5, 2014’’; and 

21 (II) in clause (ii), by striking 

22 ‘‘and cultural eating patterns’’ and in23 serting ‘‘cultural eating patterns, com24 mercial availability, and participant 

25 demand’’; and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(D) PRODUCT PACKAGE SIZES.—In pro4 mulgating or revising regulations under this 

5 paragraph, the Secretary shall allow a range of 

6 product package sizes to be selected by partici7 pants. 

8 ‘‘(E) CASH VALUE VOUCHERS.—In adjust9 ing annually for food cost inflation in the food 

10 package under this paragraph, the Secretary 

11 shall round to the nearest dollar increment. 

12 ‘‘(F) PARTICIPANT CHOICE OPTIONS.—The 

13 Secretary shall maximize opportunities for 

14 State agency flexibility to ensure adequate and 

15 appropriate participant choice to meet partici16 pant needs and cultural preferences in supple17 mental foods made available under this sec18 tion.’’; 

19 (6) in subsection (g), by striking paragraph 

20 (1)(A) and inserting the following: 

21 ‘‘(A) AUTHORIZATION.—There are author22 ized to be appropriated to carry out this section 

23 $6,350,000,000 for each of fiscal years 2017 

24 through 2021.’’; 

25 (7) in subsection (h)— 


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1 (A) in paragraph (8)(A)— 

2 (i) in clause (vi)— 

3 (I) by striking ‘‘Effective begin4 ning’’ and inserting the following: 

5 ‘‘(I) IN GENERAL.—Effective be6 ginning’’; and 

7 (II) by adding at the end the fol8 lowing: 

9 ‘‘(II) INFANT FORMULA.—Effec10 tive beginning on the date of the en11 actment of the Improving Child Nutri12 tion and Education Act of 2016, a 

13 State agency that has fully imple14 mented electronic benefits transfer 

15 systems throughout the State shall 

16 have in effect a system to ensure that 

17 infant formula rebate invoices, under 

18 competitive bidding, provide an actual 

19 count of the number of units sold to 

20 participants in the program under this 

21 section.’’; and 

22 (ii) by adding at the end the fol23 lowing: 


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1 ‘‘(xi) CONTRACT DURATION.—The 

2 contracts awarded under clause (iii) shall 

3 specify that— 

4 ‘‘(I) if the income eligibility limit 

5 under title XIX of the Social Security 

6 Act (42 U.S.C. 1396 et seq.) for preg7 nant women or infants is substantially 

8 increased, the contractor may termi9 nate the existing contract effective on 

10 the later of— 

11 ‘‘(aa) the date that is 1 year 

12 after the date on which the State 

13 decision to increase the eligibility 

14 limit by amending the State plan 

15 is made by— 

16 ‘‘(AA) adopting State 

17 legislation; 

18 ‘‘(BB) issuing a State 

19 executive order or adminis20 trative rule; or 

21 ‘‘(CC) any other appli22 cable State process, as de23 termined by the Secretary; 

24 and 


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1 ‘‘(bb) the first day of the 

2 month during which the increase 

3 takes effect; and 

4 ‘‘(II) if a contractor elects to ter5 minate a contract pursuant to sub6 clause (I), the contractor shall notify 

7 the State agency by not later than the 

8 date that is 1 year before the pro9 posed date of termination.’’; 

10 (B) in paragraph (9)— 

11 (i) in subparagraph (B)— 

12 (I) in clause (i)— 

13 (aa) in subclause (I), by 

14 striking ‘‘and’’ at the end; and 

15 (bb) by adding at the end 

16 the following: 

17 ‘‘(III) limit the term of any con18 tract (including any extension or re19 newal period) to a maximum of 5 

20 years, subject to the condition that 

21 any such extension or renewal shall be 

22 approved only on mutual consent of 

23 the contractor and the State agency; 

24 ‘‘(IV) agree to provide, by not 

25 later than 180 days before exercising 


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1 any termination for convenience 

2 clause, a written notice to each af3 fected contractor; 

4 ‘‘(V) agree— 

5 ‘‘(aa) to receive an annual 

6 audit of infant formula rebate in7 voices by a contractor; and 

8 ‘‘(bb) to provide to each con9 tractor accurate monthly redemp10 tion files; and 

11 ‘‘(VI) agree not to provide any 

12 State preference to any bidder in eval13 uating bids;’’; 

14 (II) in clause (iii), by striking 

15 ‘‘and’’ at the end; 

16 (III) in clause (iv)— 

17 (aa) by striking ‘‘30’’ and 

18 inserting ‘‘45’’; and 

19 (bb) by striking the period 

20 at the end and inserting a semi21 colon; 

22 (IV) by redesignating clauses (iii) 

23 and (iv) as clauses (iv) and (v), re24 spectively; 


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1 (V) by inserting after clause (ii) 

2 the following: 

3 ‘‘(iii) for any State agency that has 

4 fully implemented electronic benefits trans5 fer systems throughout the State, have a 

6 system to ensure that rebate invoices 

7 under competitive bidding provide an ac8 tual count of the number of units lawfully 

9 sold to participants in the program under 

10 this section;’’; and 

11 (VI) by adding at the end the fol12 lowing: 

13 ‘‘(vi) provide a process to negotiate 

14 the amount of funds to be returned to the 

15 bidder by the State agency, and the meth16 od of return, on determining and verifying 

17 that rebates were paid on any food, includ18 ing infant formula, sold under fraudulent 

19 means; 

20 ‘‘(vii) open bids and enter into a con21 tract under paragraph (8)(A)(iii) only after 

22 making a reasonable effort to confirm in 

23 writing, via email or other means, that the 

24 manufacturers on the list the State agency 

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1 ceived the initial request for proposals or 

2 other bid solicitation document by not later 

3 than the date that is 45 days before the 

4 date on which the bids are due; 

5 ‘‘(viii) agree to provide to contractors 

6 supporting documentation for monthly in7 voices, subject to the participant and ven8 dor confidentiality protections under pro9 gram rules; and 

10 ‘‘(ix) not later than the date that is 

11 90 days after the date for opening bids, 

12 submit to the Secretary a copy of the bid 

13 solicitation and any other contract docu14 ments.’’; and 

15 (ii) by adding at the end the fol16 lowing: 

17 ‘‘(D) CERTAIN FOOD FOR INFANTS.—Be18 fore any State agency solicits bids for a con19 tract for infant fruits, vegetables, cereal, or 

20 meat under a competitive bidding system, the 

21 State agency shall— 

22 ‘‘(i) consider— 

23 ‘‘(I) the impact of the contract 

24 on— 


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1 ‘‘(aa) participation or re2 demption rates; 

3 ‘‘(bb) costs to the State 

4 agency for infant fruits, vegeta5 bles, cereal, or meat, including 

6 product, administrative, and pro7 curement costs; and 

8 ‘‘(cc) the ability of the State 

9 agency— 

10 ‘‘(AA) to achieve the 

11 purpose described in sub12 section (a); 

13 ‘‘(BB) to provide in14 fants with a variety of devel15 opmentally appropriate in16 fant fruits, vegetables, ce17 real, or meat; and 

18 ‘‘(CC) to serve the nu19 tritional needs of program 

20 participants; and 

21 ‘‘(dd) consumers who are 

22 not participants, including the 

23 availability of alternate brands 

24 and potential effects on retail 


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1 pricing of infant fruits, vegeta2 bles, cereal, or meat; and 

3 ‘‘(II) whether the contract is 

4 compatible with— 

5 ‘‘(aa) the management infor6 mation and food instrument sys7 tem of the State agency; 

8 ‘‘(bb) eligible vendors; and 

9 ‘‘(cc) the capacity of the 

10 manufacturer to meet technical 

11 specifications; and 

12 ‘‘(ii) provide to the Secretary— 

13 ‘‘(I) a written explanation of how 

14 the considerations described in clause 

15 (i) affected the decision of the State 

16 agency to solicit bids for a contract; 

17 and 

18 ‘‘(II) not later than 15 months 

19 after the start of such contract, a re20 port that shall include— 

21 ‘‘(aa) the net savings to date 

22 from the contract; 

23 ‘‘(bb) an assessment of the 

24 impact on eligible stores, non25 participants, and retail prices for 


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1 infant fruits, vegetables, cereal, 

2 and meat; and 

3 ‘‘(cc) an analysis of the 

4 costs and benefits of the con5 tract, including an examination 

6 of retail prices of infant fruits, 

7 vegetables, cereal, and meat.’’; 

8 (C) in paragraph (11)(E)— 

9 (i) by striking ‘‘If a State’’ and insert10 ing the following: 

11 ‘‘(i) IN GENERAL.—If a State’’; and 

12 (ii) by adding at the end the fol13 lowing: 

14 ‘‘(ii) REQUIREMENT.—Effective not 

15 later than 120 days after the date of the 

16 enactment the Improving Child Nutrition 

17 and Education Act of 2016, in calculating 

18 average payments per voucher under clause 

19 (i), a State agency shall exclude food in20 struments not fully redeemed, based on an 

21 actual count or a reasonable estimate.’’; 

22 (D) in paragraph (12)— 

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

24 ‘‘food delivery system that provides’’ and 

25 inserting ‘‘method to deliver’’; and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(H) REGULATIONS.—As State agencies 

4 transition to electronic benefit transfer for the 

5 program, the Secretary shall update regulations 

6 to account for the fact that State agencies— 

7 ‘‘(i) are receiving transaction pricing 

8 more frequently than twice a year from 

9 vendors; and 

10 ‘‘(ii) should adjust vendor reimburse11 ment levels more frequently to reflect pro12 gram food price changes in the market13 place. 

14 ‘‘(I) AUTHORIZATION OF APPROPRIA15 TIONS.— 

16 ‘‘(i) IN GENERAL.—There is author17 ized to be appropriated to carry out this 

18 paragraph $25,000,000 for each of fiscal 

19 years 2017 through 2019. 

20 ‘‘(ii) USE.—The Secretary shall allo21 cate the funds made available under this 

22 subparagraph to States for purposes of en23 hancing and accelerating the implementa24 tion of electronic benefit transfer systems. 


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1 ‘‘(J) PENALTY FOR NONCOMPLIANCE.— 

2 For any State agency that fails to comply with 

3 subparagraph (B), including a State agency re4 ceiving an exemption under subparagraph (C), 

5 the Secretary shall— 

6 ‘‘(i) withhold such amounts otherwise 

7 required to be allocated to the State agen8 cy for nutrition services and administration 

9 as the Secretary determines to be appro10 priate; and 

11 ‘‘(ii) direct the amounts withheld for 

12 use by the State agency solely for achiev13 ing compliance with subparagraph (B).’’; 

14 and 

15 (E) in paragraph (13), by adding at the 

16 end the following: 

17 ‘‘(C) ACCESS.—The Secretary shall make 

18 available upon request the national universal 

19 product code database to vendors approved for 

20 participation in the special supplemental food 

21 program established under this section.’’; 

22 (8) by striking subsection (k); 

23 (9) by redesignating subsections (l) through (q) 

24 as subsections (k) through (p), respectively; 

25 (10) in subsection (o) (as so redesignated)— 


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1 (A) in paragraphs (1) and (2)(B), by strik2 ing ‘‘subsection (o)(1)(A)’’ each place it appears 

3 and inserting ‘‘subsection (n)(1)(A)’’; 

4 (B) in paragraph (5)— 

5 (i) in subparagraph (C), by striking 

6 ‘‘and’’ at the end; 

7 (ii) in subparagraph (D), by striking 

8 the period at the end and inserting ‘‘; 

9 and’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(E) fifth, to reimburse any WIC infant 

13 formula manufacturer for any rebate provided 

14 to the State agency on WIC infant formula un15 lawfully trafficked under a provision of law de16 scribed in paragraph (2).’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(6) NOTICE OF INVESTIGATION.— 

19 ‘‘(A) IN GENERAL.—For any investigation 

20 into the trafficking of WIC infant formula pur21 suant to this subsection, the Secretary shall 

22 provide notice of resolution of the disposition of 

23 an unlawful action resulting from the investiga24 tion to all contracted manufacturers of the traf25 ficked infant formula. 


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1 ‘‘(B) ESTIMATES.—Not later than 60 days 

2 after the date on which notice is provided under 

3 subparagraph (A), the State shall submit to the 

4 contracted manufacturer an estimate of— 

5 ‘‘(i) the number of units, if any, for 

6 which rebates may have been issued as a 

7 result of the violation; and 

8 ‘‘(ii) the total dollar amount of the re9 bates.’’; and 

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

11 ‘‘(q) FRAUD AND SAFETY REVIEW.— 

12 ‘‘(1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of the Improving 

14 Child Nutrition and Education Act of 2016, the Sec15 retary shall review current guidance, regulations, 

16 and practices regarding fraud and safety for pur17 poses of this section. 

18 ‘‘(2) INCLUSIONS.—The review under para19 graph (1) shall include a review of issues relating 

20 to— 

21 ‘‘(A) excess and unused infant formula; 

22 ‘‘(B) invoices pertaining to products sub23 ject to rebate; 

24 ‘‘(C) the sale of infant formula by unau25 thorized entities; and 


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1 ‘‘(D) the purchase of infant formula from 

2 unauthorized entities. 

3 ‘‘(3) UPDATES.—Based on the findings of the 

4 review under paragraph (1), the Secretary shall up5 date current regulations and guidance and issue ad6 ditional regulations and guidance, as necessary— 

7 ‘‘(A) to minimize fraud; and 

8 ‘‘(B) to ensure the safety of participants. 

9 ‘‘(r) COOPERATION WITH LAW ENFORCEMENT

10 AGENCIES.—Notwithstanding any other provision of law, 

11 State agencies and law enforcement agencies shall share 

12 WIC vendor information relating to investigations or pros13 ecutions under the program under this section, as deter14 mined by the Secretary. 

15 ‘‘(s) PILOT PROJECTS.— 

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

17 the Secretary may conduct pilot projects to test al18 ternative certification and food delivery procedures 

19 under this section. 

20 ‘‘(2) PROHIBITION.—In conducting pilot 

21 projects under paragraph (1), the Secretary may not 

22 waive or modify the application of program eligi23 bility, supplemental foods, or cost containment re24 quirements. 


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1 ‘‘(3) EVALUATION.—The Secretary shall evalu2 ate each pilot project carried out under this sub3 section after the pilot project has been in operation 

4 for 3 years.’’. 

5 (b) WIC FARMER’S MARKET.—Section 17(m)(9)(A) 

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

7 1786(m)(9)(A)) is amended to read as follows: 

8 ‘‘(A) AUTHORIZATION OF APPROPRIA9 TIONS.—There are authorized to be appro10 priated to carry out this subsection 

11 $18,548,000 for each of fiscal years 2017 

12 through 2021.’’. 

13 (c) REVIEW OF ADJUNCTIVE ELIGIBILITY FOR

14 WIC.— 

15 (1) DEFINITIONS.—In this subsection: 

16 (A) ADJUNCTIVELY ELIGIBLE.—The term 

17 ‘‘adjunctively eligible’’ with respect to an indi18 vidual, means an individual who is eligible for 

19 WIC under section 17(d)(2)(A)(iii) of the Child 

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

21 1786(d)(2)(A)(iii)). 

22 (B) COMPTROLLER GENERAL.—The term 

23 ‘‘Comptroller General’’ means the Comptroller 

24 General of the United States. 


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1 (C) MEDICAID.—The term ‘‘Medicaid’’ 

2 means the Medicaid program under title XIX of 

3 the Social Security Act (42 U.S.C. 1396 et 

4 seq.). 

5 (D) POVERTY LINE.—The term ‘‘poverty 

6 line’’ means the most recent annual Federal 

7 Poverty Income Guidelines published by the De8 partment of Health and Human Services. 

9 (E) WIC.—The term ‘‘WIC’’ means the 

10 special supplemental nutrition program for 

11 women, infants, and children established by sec12 tion 17 of the Child Nutrition Act of 1966 (42 

13 U.S.C. 1786). 

14 (2) STUDY.—The Comptroller General shall 

15 conduct a study to examine the impact of adjunctive 

16 eligibility on WIC participation, including the admin17 istrative burden, number of participants in WIC, 

18 and other impacts on the participants. 

19 (3) ADJUNCTIVE ELIGIBILITY AND INCOME OF

20 WIC PARTICIPANTS.— 

21 (A) IN GENERAL.—In conducting the 

22 study described in paragraph (2), the Comp23 troller General shall examine the extent to 

24 which individuals certified as adjunctively eligi25 ble to receive supplemental foods and services 


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1 through WIC have income above 185 percent of 

2 the poverty line. 

3 (B) DATA.— 

4 (i) DATA COLLECTION.—The Comp5 troller General shall collect data to deter6 mine— 

7 (I) the total number of pregnant 

8 women, postpartum women, 

9 breastfeeding women, infants, and 

10 children participating in WIC; 

11 (II) an estimate of the share of 

12 individuals described in subclause (I) 

13 who are certified as adjunctively eligi14 ble under section 17(d)(2)(A)(iii) of 

15 the Child Nutrition Act of 1966 (42 

16 U.S.C. 1786(d)(2)(A)(iii)); and 

17 (III) an estimate of the share of 

18 individuals described in subclause (II) 

19 for whom income (for purposes of 

20 Medicaid eligibility) is above 185 per21 cent of the poverty line, above 250 

22 percent of the poverty line, above 300 

23 percent of the poverty line, and above 

24 any other demarcation thresholds as 


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1 determined by the Comptroller Gen2 eral. 

3 (ii) SOURCES.—The Comptroller Gen4 eral shall collect the information described 

5 in clause (i) from— 

6 (I) WIC program data for sub7 clauses (I) and (II) of that clause; 

8 and 

9 (II) a review of the income of a 

10 representative sample of WIC partici11 pants (for purposes of Medicaid eligi12 bility) at the time of WIC certification 

13 (for subclause (III) of that clause). 

14 (iii) OTHER.—The estimate developed 

15 under clause (i)(III) shall be based on data 

16 collected in selected States in which the in17 come eligibility limit for infants under 1 

18 year of age for Medicaid is at or above 185 

19 percent of the poverty line. 

20 (4) USE OF INCOME DATA TO INFORM MED21 ICAID ADJUNCTIVE ELIGIBILITY DETERMINA22 TIONS.— 

23 (A) IN GENERAL.—Following collection of 

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1 fits, and costs of requiring that WIC use an 

2 automated process to document that only appli3 cants with income below a specified threshold 

4 may be certified as adjunctively eligible based 

5 solely on Medicaid receipt. 

6 (B) SCOPE.—The assessment described in 

7 subparagraph (A) shall include an evaluation of 

8 the capacity of the management information 

9 systems for both WIC and Medicaid, including 

10 the ability of the systems to exchange data. 

11 (C) WIC MANAGEMENT INFORMATION SYS12 TEMS.—The Comptroller General shall assess— 

13 (i) which State agencies and tribal or14 ganizations operating WIC use manage15 ment information systems with the capac16 ity, via an automated process, for local 

17 WIC clinics to document— 

18 (I) income as a share of the pov19 erty level for purposes of Medicaid eli20 gibility; or 

21 (II) Medicaid enrollment and in22 come below a specified level; 

23 (ii) the steps necessary to prepare all 

24 local WIC clinics to obtain and to access 

25 that income information as a part of the 


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1 WIC application process as well as part of 

2 the associated costs of modifying WIC 

3 automated systems and training staff; and 

4 (iii) other information determined rel5 evant by the Comptroller General, such as 

6 the impact of the identified steps on ad7 ministrative costs, clinical services, and 

8 waiting times for appointments. 

9 (D) MEDICAID MANAGEMENT INFORMA10 TION SYSTEMS.—The Comptroller General shall 

11 assess— 

12 (i) whether State’s mechanized claims 

13 processing and information retrieval sys14 tems under section 1903(a)(3)(A)(i) of the 

15 Social Security Act (42 U.S.C. 

16 1396b(a)(3)(A)(i)) have the capacity to 

17 provide, at the time of WIC certification 

18 and via an automated process, data to an 

19 agency or tribal organization operating 

20 WIC regarding— 

21 (I) income as a share of the pov22 erty level for purposes of Medicaid eli23 gibility; or 

24 (II) whether a Medicaid recipient 

25 has income below a specified level; 


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1 (ii) the steps necessary to ensure that 

2 mechanized claims processing and informa3 tion retrieval systems in States for which 

4 the income eligibility limit for infants 

5 under 1 year of age under Medicaid is 

6 above 185 percent of the poverty line have 

7 the capacity to provide the information de8 scribed in clause (i) to local WIC clinics 

9 for the purpose of documenting adjunctive 

10 eligibility under an option that would limit 

11 that eligibility to individuals with income 

12 below a specific threshold; and 

13 (iii) other information determined rel14 evant by the Comptroller General and the 

15 Secretary of Health and Human Services, 

16 including the impact of the identified steps 

17 on administrative costs. 

18 (5) REPORT.—Not later than 18 months after 

19 the date of the enactment of this Act, the Comp20 troller General shall submit to the Committee on 

21 Education and the Workforce of the House of Rep22 resentatives and the Committee on Agriculture, Nu23 trition, and Forestry of the Senate a report describ24 ing— 


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1 (A) the data collected under paragraph 

2 (3); 

3 (B) the assessments made under para4 graph (4); and 

5 (C) the feasibility, costs, and benefits of a 

6 new requirement that would only permit ad7 junctive eligibility for individuals with house8 hold income below a specified level. 

9 SEC. 207. TEAM NUTRITION NETWORK. 

10 Section 19 of the Child Nutrition Act of 1966 (42 

11 U.S.C. 1788) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

14 (i) by inserting ‘‘evidence-based’’ be15 fore ‘‘team nutrition messages’’; and 

16 (ii) by striking ‘‘developed by the Sec17 retary’’; 

18 (B) in paragraph (2), by inserting ‘‘under 

19 this Act and the Richard B. Russell National 

20 School Lunch Act (42 U.S.C. 1751 et seq.)’’ be21 fore the period at the end; 

22 (C) in paragraph (4), by striking ‘‘pur23 poses; and’’ and inserting the following: ‘‘pur24 poses, including if appropriate— 


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1 ‘‘(A) State and local nutrition education 

2 programs, health and wellness policies, nutrition 

3 and health education resources, and other State 

4 resources; and 

5 ‘‘(B) Federal nutrition education efforts, 

6 including those programs under this Act and 

7 the Richard B. Russell National School Lunch 

8 Act (42 U.S.C. 1751 et seq.);’’; and 

9 (D) in paragraph (5)— 

10 (i) by striking ‘‘helping children to 

11 maintain a healthy weight by’’; and 

12 (ii) by inserting ‘‘in and out of 

13 school’’ before the period at the end; 

14 (2) in subsection (b), by striking ‘‘(b)’’ and all 

15 that follows through ‘‘In this section, the term’’ and 

16 inserting the following: 

17 ‘‘(b) DEFINITIONS.—In this section: 

18 ‘‘(1) NUTRITION EDUCATION.—The term ‘nutri19 tion education’ means the provision of individual or 

20 group learning opportunities and materials for chil21 dren and families that— 

22 ‘‘(A) emphasize the relationship between 

23 nutrition, physical activity, and health with a 

24 goal of improving long-term dietary and phys25 ical health and increasing food security; and 


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1 ‘‘(B) include learning about food prepara2 tion. 

3 ‘‘(2) TEAM NUTRITION NETWORK.—The term’’; 

4 (3) in subsection (c)— 

5 (A) by striking the subsection heading and 

6 inserting ‘‘STATE NETWORK GRANTS.—’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(4) ALLOCATION.—Subject to the availability 

9 of funds for use in carrying out this subsection, the 

10 total amount of funds made available for a fiscal 

11 year for grants under this subsection shall equal not 

12 more than the sum of— 

13 ‘‘(A) the product obtained by multiplying 

1 14 ⁄2 cent by the number of lunches reimbursed 

15 through food service programs under the Rich16 ard B. Russell National School Lunch Act (42 

17 U.S.C. 1751 et seq.) during the second pre18 ceding fiscal year in schools, institutions, and 

19 service institutions that participate in the food 

20 service programs; and 

21 ‘‘(B) the total value of funds received by 

22 the Secretary in support of this subsection from 

23 nongovernmental sources. 

24 ‘‘(5) REQUIREMENTS FOR STATE PARTICIPA25 TION.—To be eligible to receive a grant under this 


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1 subsection, a State agency shall submit to the Sec2 retary a plan, at such time and in such manner as 

3 the Secretary may require, including— 

4 ‘‘(A) a description of the goals and pro5 posed State plan for addressing the nutrition of 

6 children; 

7 ‘‘(B) a description of the means by which 

8 the State agency will use and disseminate the 

9 team nutrition messages and material to chil10 dren and, if appropriate, families of such chil11 dren; 

12 ‘‘(C) an explanation of the ways in which 

13 the State agency will use the funds from the 

14 grant to work toward the goals required under 

15 clause (i), and to promote healthy eating in 

16 schools throughout the State; 

17 ‘‘(D) a description of the ways in which 

18 the State team nutrition network messages and 

19 activities will be coordinated at the State and 

20 local level with other community health pro21 motion and education activities; 

22 ‘‘(E) an annual summary of the team nu23 trition network activities and their effectiveness; 


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1 ‘‘(F) a description of the ways in which 

2 school environments might support healthy eat3 ing and physical activity; and 

4 ‘‘(G) a description of how all communica5 tions to parents and legal guardians of students 

6 who are members of a household receiving in7 formation under the program shall be in an un8 derstandable and uniform format and, to the 

9 maximum extent practicable, in a language that 

10 parents and legal guardians can understand. 

11 ‘‘(6) STATE COORDINATOR.—Each State that 

12 receives a grant under this subsection may appoint 

13 a team nutrition network coordinator. Such coordi14 nator shall implement comprehensive, coordinated 

15 nutrition education programming through the team 

16 nutrition network, including to assist schools, school 

17 food authorities, and other child nutrition program 

18 providers in the State to administer and coordinate 

19 the team nutrition network activities. 

20 ‘‘(7) AUTHORIZED ACTIVITIES.—A State agency 

21 that receives a grant under this section may use 

22 funds from the grant to— 

23 ‘‘(A) identify the programs and services 

24 available to meet the health and nutritional 

25 needs of children and families in the State; 


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1 ‘‘(B) disseminate team nutrition network 

2 messages and material that provide comprehen3 sive, coordinated nutrition and physical fitness 

4 awareness and obesity prevention education; 

5 ‘‘(C) implement demonstration projects in 

6 schools to promote physical activity and to en7 hance the nutritional education provided to stu8 dents; 

9 ‘‘(D) improve access to local foods through 

10 coordinating with farm-to-school grant activities 

11 that include the provision of nutrition edu12 cation; 

13 ‘‘(E) encourage schools to develop healthy 

14 eating and lifestyle policies; 

15 ‘‘(F) provide training and technical assist16 ance to teachers and school food service profes17 sionals consistent with the purposes of this sub18 section; and 

19 ‘‘(G) collaborate with public and private 

20 and faith-based organizations, including com21 munity-based organizations, State medical asso22 ciations, and public health groups, to provide 

23 nutrition and physical education targeting lower 

24 income children, ethnic minorities, and youth at 

25 a greater risk for obesity or malnourishment.’’; 


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1 (4) by striking subsections (e) through (g) and 

2 (k); 

3 (5) by redesignating subsections (h) through (j) 

4 as subsections (e) through (f), respectively; 

5 (6) by redesignating subsection (l) as subsection 

6 (g); 

7 (7) in subsection (e) (as so redesignated)— 

8 (A) in the subsection heading, by inserting 

9 ‘‘EDUCATION’’ after ‘‘NUTRITION’’; and 

10 (B) in paragraph (5)— 

11 (i) in subparagraph (A)— 

12 (I) in clause (i), by striking 

13 ‘‘and’’ at the end; and 

14 (II) by adding at the end the fol15 lowing: 

16 ‘‘(iii) incorporate nutrition education 

17 into physical and health education, and, if 

18 appropriate, afterschool programs, includ19 ing athletics; and’’; and 

20 (ii) in subparagraph (B)— 

21 (I) by striking clause (iv); 

22 (II) in clause (vii), by striking ‘‘a 

23 variety of healthy foods’’ and all that 

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1 cluding through initiatives to cre2 atively market such foods’’; 

3 (III) in clause (viii), by striking 

4 ‘‘low-fat and nutrient dense’’ and in5 serting ‘‘healthy’’; and 

6 (IV) by redesignating clauses (v) 

7 through (ix) as clauses (iv) through 

8 (viii), respectively; 

9 (8) in subsection (e) (as so redesignated), by 

10 striking ‘‘may provide for technical assistance and 

11 grants’’ and inserting ‘‘shall provide for technical as12 sistance’’; and 

13 (9) in subsection (g) (as so redesignated) by 

14 striking ‘‘such sums’’ and all that follows through 

15 the period at the end and inserting ‘‘to carry out 

16 this section $17,000,000 for each fiscal year.’’. 

17 TITLE III—MISCELLANEOUS 

18 SEC. 301. REVIEWS. 

19 (a) TRIBAL FOODS.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of the enactment of this Act, the Secretary 

22 shall review— 

23 (A) the barriers to including tribally pro24 duced, traditional, and culturally appropriate 

25 foods in child nutrition programs (as defined in 


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1 section 25(b) of the Richard B. Russell Na2 tional School Lunch Act (42 U.S.C. 1769f(b)) 

3 within tribal schools; and 

4 (B) the means of encouraging and assist5 ing enhanced inclusion of foods described in 

6 subparagraph (A) in child nutrition programs. 

7 (2) SCOPE.—In carrying out the review de8 scribed in paragraph (1), the Secretary shall— 

9 (A) survey and compile resources of the 

10 Department of Agriculture on the issue de11 scribed in paragraph (1)(A); 

12 (B) if necessary, clarify relevant Federal 

13 regulations governing schools and tribal pro14 ducers, including regulations relating to pro15 curement, reimbursement, and food safety; 

16 (C) involve all relevant agencies, including 

17 the Food and Nutrition Service and Office of 

18 Tribal Relations of the Department of Agri19 culture; and 

20 (D) submit to Congress a report describing 

21 the results of the review. 

22 (b) USE OF PROGRAM DATA.— 

23 (1) IN GENERAL.—The Secretary, jointly with 

24 the Secretary of Education, shall— 


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1 (A) review information regarding available 

2 alternative data sets for use in programs that 

3 are using free and reduced price meals data; 

4 and 

5 (B) determine the appropriateness of using 

6 such alternative data sets in place of free and 

7 reduced price meal program data by other pro8 grams to reduce the burden on local school food 

9 authorities. 

10 (2) REPORT TO CONGRESS.—Not later than 1 

11 year after the date of the enactment of this Act, the 

12 Secretaries shall submit to the Committee on Edu13 cation and the Workforce of the House of Rep14 resentatives and the Committee on Agriculture, Nu15 trition, and Forestry of the Senate a report that de16 scribes the results of the review and any rec17 ommendations of the Secretaries. 

18 (c) CREDITING AND LABELING PROGRAM.— 

19 (1) IN GENERAL.—The Secretary shall review 

20 and update the system of crediting and the vol21 untary child nutrition labeling program used in ad22 ministering— 

23 (A) the school lunch program established 

24 under the Richard B. Russell National School 

25 Lunch Act (42 U.S.C. 1751 et seq.); and 


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1 (B) the school breakfast program estab2 lished by section 4 of the Child Nutrition Act 

3 of 1966 (42 U.S.C. 1773). 

4 (2) SCOPE.—The review described in paragraph 

5 (1) shall include, at a minimum— 

6 (A) the treatment of food products within 

7 previously established food categories and new 

8 products that have entered the commercial mar9 ketplace since the system of crediting and the 

10 voluntary child nutrition labeling program were 

11 developed; and 

12 (B) the timeliness in which applications for 

13 labels under the voluntary child nutrition label14 ing program are reviewed and are granted or 

15 denied. 

16 (3) REPORT TO CONGRESS.—Not later than 1 

17 year after the date of the enactment of this Act, the 

18 Secretary shall submit to the Committee on Edu19 cation and the Workforce of the House of Rep20 resentatives and the Committee on Agriculture, Nu21 trition, and Forestry of the Senate a report that de22 scribes the results of the review and any rec23 ommendations of the Secretary. 

24 (d) NUTRITIONAL ANALYSIS.—The Secretary shall— 

25 (1) review the practicability and feasibility of— 


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1 (A) conducting a nutritional analysis, 

2 using publicly and commercially available nutri3 tional information, of food products that are 

4 voluntarily submitted for use in child nutrition 

5 programs, outside of the reimbursable school 

6 meal; and 

7 (B) aggregating and making the informa8 tion obtained through that nutritional analysis 

9 publicly available for use by school food authori10 ties, food manufacturers, and other interested 

11 parties; and 

12 (2) if found practicable and feasible, proceed 

13 with the analysis, aggregation, and public avail14 ability. 

15 (e) OTHER.— 

16 (1) IN GENERAL.—The Secretary shall review— 

17 (A) the cost differences between— 

18 (i) providing meals and supplements 

19 under the Richard B. Russell National 

20 School Act (42 U.S.C. 1751 et seq.) and 

21 section 4 of the Child Nutrition Act of 

22 1966 (42 U.S.C. 1773) in Palau, Guam, 

23 American Samoa, the Commonwealth of 

24 Puerto Rico, the United States Virgin Is25 lands, and the Commonwealth of the 


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1 Northern Mariana Islands, respectively; 

2 and 

3 (ii) the average cost of providing 

4 meals and supplements under those provi5 sions of law in the 50 States and the Dis6 trict of Columbia; and 

7 (B) the relation of the cost differences de8 termined under subparagraph (A) to the na9 tional average payment rates for meals and 

10 supplements prescribed under sections 4, 11, 

11 13, and 17 of the Richard B. Russell National 

12 School Lunch Act (42 U.S.C. 1753, 1759a, 

13 1761, 1766) and section 4(b) of the Child Nu14 trition Act of 1966 (42 U.S.C. 1773(b)). 

15 (2) REPORT TO CONGRESS.—Not later than 1 

16 year after the date of the enactment of this Act, the 

17 Secretary shall submit to the Committee on Edu18 cation and the Workforce of the House of Rep19 resentatives and the Committee on Agriculture, Nu20 trition, and Forestry of the Senate a report that de21 scribes the results of the review and any rec22 ommendations of the Secretary. 

23 (f) UNLAWFUL ACTIVITY.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this Act, the Secretary 

3 shall review— 

4 (A) the number of instances and types of 

5 unlawful activity that occurred in the preceding 

6 3 years, including, at a minimum, instances of 

7 fraud, bid-rigging, and any other anticompeti8 tive activities carried out in connection with 

9 supplying, providing, or selling goods or services 

10 for a program under the Richard B. Russell 

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

12 seq.) or the Child Nutrition Act of 1966 (42 

13 U.S.C. 1771 et seq.); and 

14 (B) the practices and procedures currently 

15 used by the Department of Agriculture to pre16 vent unlawful activity described in subpara17 graph (A). 

18 (2) SECRETARIAL RESPONSE.—Following com19 pletion of the review described in paragraph (1), the 

20 Secretary shall respond, if appropriate, by taking ac21 tion to reduce such unlawful activity, including, at a 

22 minimum— 

23 (A) revising any relevant guidance and reg24 ulations; 


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1 (B) issuing fines authorized under sub2 section (g) of section 25 of the Richard B. Rus3 sell National School Lunch Act (42 U.S.C. 

4 1769f) (as amended by section 115); and 

5 (C) submitting to the appropriate commit6 tees of Congress recommendations for any legis7 lative changes needed to enhance program over8 sight. 

9 (3) SCOPE.—The actions described in para10 graph (2) shall be designed to reduce— 

11 (A) anticompetitive activities, including 

12 bid-rigging, price-fixing, the allocation of cus13 tomers between competitors, or other violation 

14 of Federal or State antitrust laws; 

15 (B) fraud, bribery, theft, forgery, or em16 bezzlement; 

17 (C) knowingly receiving stolen property; 

18 (D) making a false claim or statement; or 

19 (E) any other obstruction of justice. 

20 (g) INFANT FORMULA.—Not later than 180 days 

21 after the date of enactment of this Act, the Secretary 

22 shall— 

23 (1) review the current regulations regarding ca24 loric density standards for infant formula made 

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1 gram for women, infants, and children established 

2 by section 17 of the Child Nutrition Act of 1966 (42 

3 U.S.C. 1786); and 

4 (2) as appropriate, update the regulations based 

5 on the most recent scientific knowledge available. 

6 SEC. 302. PROGRAM DELIVERY. 

7 The Secretary shall work with States participating in 

8 programs authorized under the Richard B. Russell Na9 tional School Lunch Act (42 U.S.C. 1751 et seq.) and the 

10 Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to 

11 encourage— 

12 (1) streamlining of program administration, in13 cluding data collection and reporting requirements, 

14 at the State level; 

15 (2) communication among State agencies ad16 ministering the programs; 

17 (3) coordination of administration of Federal 

18 benefits at the State level to ensure efficiency of pro19 gram delivery and improved access to participants; 

20 and 

21 (4) consolidation and elimination of duplicative 

22 or unnecessary Federal and State reporting require23 ments. 


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1 SEC. 303. PRODUCT AVAILABILITY. 

2 (a) IN GENERAL.—The Secretary shall, to the extent 

3 practicable, make available lactose-free milk with an ex4 tended shelf life for use in the commodity distribution pro5 gram authorized under section 14 of the Richard B. Rus6 sell National School Lunch Act (42 U.S.C. 1762a). 

7 (b) SIZE AND FORM.—The milk described in sub8 section (a) shall, to the extent practicable, be made avail9 able in a size and form acceptable for and conducive to 

10 consumption by school-aged children. 

11 SEC. 304. PROCUREMENT. 

12 In administering the summer food service program 

13 for children established under section 13 of the Richard 

14 B. Russell National School Lunch Act (42 U.S.C. 1761) 

15 and the child and adult care food program established 

16 under section 17 of such Act (42 U.S.C. 1766), the Sec17 retary shall ensure that— 

18 (1) service institutions participating in the pro19 grams have flexibility in determining the frequency 

20 of procurement and food items included in each so21 licitation; and 

22 (2) any procurement procedure implemented by 

23 a State agency is cost effective and efficient in meet24 ing the relevant meal pattern requirements. 


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1 SEC. 305. SCHOOL NUTRITION ADVISORY COMMITTEE. 

2 (a) ESTABLISHMENT.—Not later than 120 days after 

3 the date of the enactment of this Act, the Secretary shall 

4 establish a School Nutrition Advisory Committee (referred 

5 to in this section as the ‘‘Committee’’) to provide input 

6 in the administration of the school lunch program author7 ized under the Richard B. Russell National School Lunch 

8 Act (42 U.S.C. 1751 et seq.) and the school breakfast pro9 gram established by section 4 of the Child Nutrition Act 

10 of 1966 (42 U.S.C. 1773) (referred to in this section as 

11 ‘‘child nutrition programs’’). 

12 (b) MEMBERSHIP.— 

13 (1) COMPOSITION.—Members of the Committee 

14 shall be appointed by the Secretary from rec15 ommendations made by the chair and ranking mem16 ber of the Committee on Education and the Work17 force of the House of Representatives and the Com18 mittee on Agriculture, Nutrition, and Forestry of 

19 the Senate. Membership on the committee shall rep20 resent the following stakeholders: 

21 (A) An organization that conducts research 

22 and advocates on issues relating to child nutri23 tion. 

24 (B) An organization that advocates for 

25 cardiac health. 


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1 (C) A professional organization rep2 resenting dietitians. 

3 (D) A trade association representing fruit 

4 and vegetable growers. 

5 (E) A coalition of large urban school food 

6 authorities. 

7 (F) 2 representatives from State agencies 

8 that administer the child nutrition programs. 

9 (G) A professional organization rep10 resenting school food employees. 

11 (H) A professional organization rep12 resenting school board members. 

13 (I) A council representing large school dis14 tricts. 

15 (J) A professional association representing 

16 school administrators. 

17 (K) An entity that processes and manufac18 tures meat products. 

19 (L) An entity that processes and manufac20 tures dairy products. 

21 (M) An entity that processes and manufac22 tures grain products. 

23 (N) An entity that assists suppliers and 

24 school food authorities in selling and obtaining 

25 food products. 


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1 (O) A school food authority located in each 

2 of the 7 regions established for activities of the 

3 Food and Nutrition Service, including— 

4 (i) 3 representatives from districts lo5 cated in rural areas; 

6 (ii) 2 representatives from districts lo7 cated in urban areas; and 

8 (iii) 2 representatives from districts 

9 located in urban cluster areas as defined 

10 by census tract data. 

11 (P) A council that represents public offi12 cials who head departments of elementary and 

13 secondary education. 

14 (Q) A professional organization rep15 resenting pediatricians. 

16 (2) TERMS.—The members will serve on the 

17 Committee for a 3-year term. The chairmen of each 

18 congressional committee, under paragraph (1) shall 

19 alternate in appointing a chair and vice chair of the 

20 committee. 

21 (c) FUNCTION.—The Committee shall— 

22 (1) provide a venue for communication between 

23 stakeholders and the Department of Agriculture re24 garding child nutrition programs; 


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1 (2) give insight into child nutrition program im2 plementation; 

3 (3) review and make recommendations to the 

4 Secretary on policy development involving child nu5 trition programs; and 

6 (4) evaluate methods for programmatic and ad7 ministrative improvement of child nutrition pro8 grams. 

9 (d) MEETINGS.—The Committee shall meet quar10 terly. 

11 (e) STAFFING.—The Secretary shall provide such 

12 staff personnel as may be required to assist the Committee 

13 in carrying out the duties of the Committee, but such staff 

14 shall not interfere in the discussions or conclusions 

15 reached by the Committee. 

16 (f) TERMINATION.—The authority of the Committee 

17 shall terminate on September 30, 2025. 

18 SEC. 306. PAPERWORK REDUCTION. 

19 (a) IN GENERAL.—For any program authorized 

20 under the Richard B. Russell National School Lunch Act 

21 (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 

22 1966 (42 U.S.C. 1771 et seq.), the Secretary shall— 

23 (1) periodically review regulations, guidance, 

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1 formation required to be reported to the Department 

2 of Agriculture by program participants; and 

3 (2) if appropriate, streamline or otherwise re4 duce any unnecessary or duplicative paperwork, re5 porting requirements, and other administrative bur6 dens while maintaining program integrity. 

7 (b) REPORT.—Not later than 2 years after the date 

8 of the enactment of this Act and every 3 years thereafter, 

9 and upon any publishing of guidance or updated Federal 

10 requirements the Secretary shall submit to the Committee 

11 on Education and the Workforce of the House of Rep12 resentatives and the Committee on Agriculture, Nutrition, 

13 and Forestry of the Senate a report that describes any 

14 action the Secretary has taken under subsection (a) dur15 ing the preceding 3 calendar years, or in the case of a 

16 report submitted based on publishing updated guidance or 

17 requirements, a report on such action, including a deter18 mination of appropriateness under subsection (a)(2). 

19 SEC. 307. TECHNOLOGY. 

20 (a) USE OF TECHNOLOGY.—Not later than 180 days 

21 after the date of the enactment of this Act, the Secretary 

22 shall— 

23 (1) review the current use of technology in the 

24 school lunch program established under the Richard 

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


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1 1751 et seq.) and the school breakfast program es2 tablished by section 4 of the Child Nutrition Act of 

3 1966 (42 U.S.C. 1773); 

4 (2) identify opportunities in which enhanced use 

5 of technology would reduce the rate of errors in ad6 ministration of the programs by State agencies and 

7 local educational agencies; and 

8 (3) encourage State agencies and local edu9 cational agencies to use technology in the areas iden10 tified under paragraph (2). 

11 (b) IDENTIFICATION.—Not later than 180 days after 

12 the date of the enactment of this Act, the Secretary 

13 shall— 

14 (1) review the feasibility and evaluate the bene15 fits of using a unique student identifier in the school 

16 lunch program established under the Richard B. 

17 Russell National School Lunch Act (42 U.S.C. 1751 

18 et seq.) and the school breakfast program estab19 lished by section 4 of the Child Nutrition Act of 

20 1966 (42 U.S.C. 1773); 

21 (2) submit to the Committee on Education and 

22 the Workforce of the House of Representatives and 

23 the Committee on Agriculture, Nutrition, and For24 estry of the Senate a report describing the results of 

25 the review under paragraph (1); and 


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1 (3) initiate implementation of a system for 

2 using a unique student identifier, unless implemen3 tation is not in the best interest of the programs de4 scribed in paragraph (1), or does not adequately 

5 protect student privacy. 

6 SEC. 308. TECHNICAL CORRECTIONS. 

7 (a) RICHARD B. RUSSELL NATIONAL SCHOOL

8 LUNCH ACT.— 

9 (1) The Richard B. Russell National School 

10 Lunch Act is amended in each of sections 4, 9, 9A, 

11 12, 19, 23, 24, and 25 (42 U.S.C. 1753, 1758, 

12 1758b, 1760, 1796a, 1769d, 1769e, 1769f) by strik13 ing ‘‘Committee on Education and Labor’’ each 

14 place it appears and inserting ‘‘Committee on Edu15 cation and the Workforce’’. 

16 (2) Section 9 of the Richard B. Russell Na17 tional School Lunch Act (42 U.S.C. 1758) is amend18 ed— 

19 (A) by striking ‘‘foster child’’ each place it 

20 appears and inserting ‘‘foster youth’’; and 

21 (B) in subsection (b)(5)(B), by striking 

22 ‘‘(42 U.S.C. 11434a(2))’’ and inserting ‘‘(42 

23 U.S.C. 11434a(2)))’’. 


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1 (3) Section 12 of the Richard B. Russell Na2 tional School Lunch Act (42 U.S.C. 1760) is amend3 ed— 

4 (A) in subsection (d)(3), by striking 

5 ‘‘U.S.C’’ and inserting ‘‘U.S.C.’’; 

6 (B) in subsection (m)(2), in the paragraph 

7 heading, by striking ‘‘AMERICAN’’ and inserting 

8 ‘‘AMERICAN’’; and 

9 (C) in subsection (n)— 

10 (i) in paragraph (3), in the paragraph 

11 heading, by striking ‘‘HAWAII’’ and insert12 ing ‘‘HAWAII’’; and 

13 (ii) in paragraph (4), in the para14 graph heading, by striking ‘‘PUERTO RICO’’ 

15 and inserting ‘‘PUERTO RICO’’. 

16 (4) Section 14(c) of the Richard B. Russell Na17 tional School Lunch Act (42 U.S.C. 1762a(c)) is 

18 amended— 

19 (A) by striking ‘‘section 311(a)(4) of the 

20 Older Americans Act of 1965 (42 U.S.C. 

21 3030(a)(4))’’ and inserting ‘‘section 311(c)(4) 

22 of the Older Americans Act of 1965 (42 U.S.C. 

23 3030a(c)(4))’’; and 

24 (B) by striking ‘‘(42 U.S.C. 3030(b)(1))’’ 

25 and inserting ‘‘(42 U.S.C. 3030a(b)(1))’’. 


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1 (b) CHILD NUTRITION ACT OF 1966.— 

2 (1) The Child Nutrition Act of 1966 is amend3 ed in each of sections 10 and 17 (42 U.S.C. 1779, 

4 1786) by striking ‘‘Committee on Education and 

5 Labor’’ each place it appears and inserting ‘‘Com6 mittee on Education and the Workforce’’. 

7 (2) Section 7(a)(2)(B)(i) of the Child Nutrition 

8 Act of 1966 (42 U.S.C. 1776(a)(2)(B)(i)) is amend9 ed by striking ‘‘clause (ii)’’ and inserting ‘‘clause 

10 (ii))’’. 

11 (3) Section 17 of the Child Nutrition Act of 

12 1966 (42 U.S.C. 1786) is amended— 

13 (A) in subsection (b)(21), in the paragraph 

14 heading, by striking ‘‘INDIAN OR NATIVE’’ and 

15 inserting ‘‘INDIAN OR NATIVE’’; 

16 (B) in subsection (h)— 

17 (i) in paragraph (4)— 

18 (I) in subparagraph (A)(vi), by 

19 striking ‘‘and’’ at the end; and 

20 (II) in subparagraph (C)(iv), by 

21 striking ‘‘; and’’ at the end and in22 serting a period; 

23 (ii) in paragraph (5)(D), in the sub24 paragraph heading, by striking ‘‘INDIAN


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1 OR NATIVE’’ and inserting ‘‘INDIAN OR NA2 TIVE’’; and 

3 (iii) in paragraph (8)(A)(iv)— 

4 (I) in the clause heading, by 

5 striking ‘‘STATE’’ and inserting 

6 ‘‘STATE’’; and 

7 (II) in subclause (III), in the 

8 subclause heading, by striking ‘‘STATE

9 AGENCIES AND INDIAN STATE AGEN10 CIES’’ and inserting ‘‘STATE AGEN11 CIES AND INDIAN STATE AGENCIES’’; 

12 and 

13 (C) in subsection (m)(6)(C)(iv), by striking 

14 ‘‘(G)(i)’’ each place it appears and inserting 

15 ‘‘(F)(i)’’. 

16 SEC. 309. BUDGETARY EFFECTS. 

17 The budgetary effects of this Act, for the purpose of 

18 complying with the Statutory Pay-As-You-Go Act of 2010, 

19 shall be determined by reference to the latest statement 

20 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

21 Act, submitted for printing in the Congressional Record 

22 by the chairman of the Senate Committee on the Budget, 

23 provided that such statement has been submitted prior to 

24 the vote on passage. 


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1 SEC. 310. EFFECTIVE DATE. 

2 Except as otherwise specifically provided in this Act 

3 or any of the amendments made by this Act, this Act and 

4 the amendments made by this Act take effect on October 

5 1, 2016. 

Æ 


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