IB 

Union Calendar No. 665 

114TH CONGRESS 

2D SESSION H. R. 5003 

[Report No. 114–852, Part I] 

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 

DECEMBER 8, 2016 

Additional sponsor: Mr. KLINE

DECEMBER 8, 2016 

Reported from the Committee on Education and the Workforce with an 

amendment 

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

DECEMBER 8, 2016 

The Committee on the Budget discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 20, 2016] 


lotter on DSK5VPTVN1PROD with BILLS
2 

•HR 5003 RH

A BILL 

To reauthorize child nutrition programs, and for other 

purposes. 


lotter on DSK5VPTVN1PROD with BILLS
3 

•HR 5003 RH

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 ‘‘Im5 proving 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 

Sec. 100. 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 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. 


lotter on DSK5VPTVN1PROD with BILLS
4 

•HR 5003 RH

Sec. 307. Technology. 

Sec. 308. Improving health and safety oversight and monitoring for the child and 

adult care food program. 

Sec. 309. Technical corrections. 

Sec. 310. Budgetary effects. 

Sec. 311. Effective date. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 of Agriculture. 

4 TITLE I—NATIONAL SCHOOL 

5 LUNCH ACT 

6 SEC. 100. STATE AGENCY. 

7 In each of the following Acts, by striking ‘‘State edu8 cational agency’’ and ‘‘State educational agencies’’ each 

9 place such term appears (including any headings) and in10 serting ‘‘State agency’’ and ‘‘State agencies’’, respectively: 

11 (1) The Richard B. Russell National School 

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

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

14 1771 et seq.). 

15 SEC. 101. APPORTIONMENTS TO STATES. 

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

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

18 (1) in paragraph (3)— 

19 (A) in subparagraph (B), by striking ‘‘Be20 ginning on’’ and all that follows through ‘‘the 

21 Secretary’’ and inserting ‘‘The Secretary’’; 


lotter on DSK5VPTVN1PROD with BILLS
5 

•HR 5003 RH

1 (B) in subparagraph (E), by striking ‘‘Be2 ginning on’’ and all that follows through ‘‘school 

3 food authorities’’ and inserting ‘‘School food au4 thorities’’; and 

5 (C) in subparagraph (F)(iii)— 

6 (i) in subclause (I), by inserting ‘‘(as 

7 in effect on the day before the date of the en8 actment of the Improving Child Nutrition 

9 and Education Act of 2016)’’ after ‘‘sub10 paragraph (A)(ii)’’; and 

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

12 ‘‘(III) SUNSET.—The Secretary 

13 shall return to the general fund of the 

14 Treasury any funds that were made 

15 available under this subparagraph but 

16 not obligated by a State agency as of 

17 September 30, 2016.’’; and 

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

19 ‘‘(4) ANNOUNCEMENTS.—With respect to reim20 bursement rates described in this subsection, the Sec21 retary shall announce the rates and, to the maximum 

22 extent practicable, any associated guidance by Feb23 ruary 15 of the school year prior to the school year 

24 for which the rates and guidance will become effec25 tive.’’. 


lotter on DSK5VPTVN1PROD with BILLS
6 

•HR 5003 RH

1 SEC. 102. REPEAL OF NUTRITION PROMOTION. 

2 Section 5 of the Richard B. Russell National School 

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

4 SEC. 103. DIRECT FEDERAL EXPENDITURES. 

5 Section 6 of the Richard B. Russell National School 

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

7 (1) in subsection (c)— 

8 (A) by striking ‘‘(c)(1)(A) The national av9 erage’’ and all that follows through ‘‘(D) Among 

10 those commodities’’ and inserting the following: 

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

12 ‘‘(1) NATIONAL AVERAGE VALUE.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graphs (B) and (C), the national average value 

15 of donated foods, or cash payments in lieu there16 of, shall be equal to the quotient obtained by di17 viding, not later than February 15 of each year 

18 for the upcoming school year— 

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

20 preceding school year under section 4, this 

21 section, and section 11; by 

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

23 the preceding school year in all schools par24 ticipating in the school lunch program 

25 under this Act. 

26 ‘‘(B) ADJUSTMENT.— 


lotter on DSK5VPTVN1PROD with BILLS
7 

•HR 5003 RH

1 ‘‘(i) IN GENERAL.—The value deter2 mined under subparagraph (A) shall be ad3 justed by the annual percentage change in 

4 a 3-month average value of the Producer 

5 Price Index for Foods Used in Schools and 

6 Institutions of the Bureau of Labor Statis7 tics (in this subparagraph referred to as the 

8 ‘Index’) for the preceding September, Octo9 ber, and November. 

10 ‘‘(ii) REQUIREMENT.—An adjustment 

11 under clause (i) shall be computed to the 

nearest 1 12 ⁄4 cent. 

13 ‘‘(iii) INDEX.— 

14 ‘‘(I) IN GENERAL.—The Index 

15 shall be computed using 5 major food 

16 components in the Index (cereal and 

17 bakery products, meats, poultry and 

18 fish, dairy products, processed fruits 

19 and vegetables, and fats and oils). 

20 ‘‘(II) COMPONENTS.—Each com21 ponent described in subclause (I) shall 

22 be weighted using the same relative 

23 weight as determined by the Bureau of 

24 Labor Statistics. 


lotter on DSK5VPTVN1PROD with BILLS
8 

•HR 5003 RH

1 ‘‘(iv) MINIMUM AMOUNT OF COM2 MODITY ASSISTANCE.—Not less than 12 per3 cent of the value adjusted in accordance 

4 with this subparagraph shall be provided in 

5 the form of commodity assistance. 

6 ‘‘(C) INSUFFICIENT AMOUNTS.—If amounts 

7 available to carry out section 4, this section, and 

8 section 11 are insufficient to meet the require9 ments of such sections for a school year, the Sec10 retary shall, to the extent necessary, use the au11 thority provided under section 14(a) to meet the 

12 requirements for the school year. 

13 ‘‘(D) AMOUNT FOR EACH STATE.—For each 

14 school year, the total commodity assistance or 

15 cash in lieu thereof available to a State for the 

16 school lunch program shall be equal to the prod17 uct obtained by multiplying— 

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

19 such State in the most recent school year for 

20 which data are available; by 

21 ‘‘(ii) the rate determined under sub22 paragraphs (A) and (B). 

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

24 commodities’’; and 


lotter on DSK5VPTVN1PROD with BILLS
9 

•HR 5003 RH

1 (B) in paragraph (1), by striking ‘‘(E) Not2 withstanding’’ and inserting the following: 

3 ‘‘(F) MINIMUM QUANTITY OF DONATED

4 FOODS.—Notwithstanding’’; 

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

6 (3) by redesignating subsection (f) as subsection 

7 (e). 

8 SEC. 104. NUTRITIONAL AND OTHER PROGRAM REQUIRE9 MENTS. 

10 Section 9 of the Richard B. Russell National School 

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

12 (1) by striking the section heading and designa13 tion and all that follows through the end of para14 graph (1) in subsection (a) and inserting the fol15 lowing: 

16 ‘‘SEC. 9. NUTRITIONAL AND OTHER PROGRAM REQUIRE17 MENTS. 

18 ‘‘(a) REQUIREMENTS.— 

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

20 The Secretary shall provide— 

21 ‘‘(A) technical assistance and training to 

22 schools participating in the school lunch pro23 gram to assist the schools in complying with the 

24 nutritional requirements prescribed by the Sec25 retary pursuant to subsection (f) and in proVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
10 

•HR 5003 RH

1 viding appropriate meals to children with medi2 cally certified special dietary needs, including 

3 food allergies or other special dietary needs of in4 dividual children, including religious dietary re5 strictions; and 

6 ‘‘(B) additional technical assistance to 

7 schools that are having difficulty maintaining 

8 compliance with the requirements.’’; 

9 (2) in subsection (a)— 

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

11 the following: 

12 ‘‘(D) FLUID MILK CONSIDERATIONS.—In de13 termining varieties of fluid milk that shall be 

14 available with school meals programs under this 

15 Act and section 4 of the Child Nutrition Act of 

16 1966 (42 U.S.C. 1773) and outside of the school 

17 meal programs, the Secretary, not later than 90 

18 days after the date of enactment of the Improv19 ing Child Nutrition and Education Act of 2016, 

20 shall carry out the following: 

21 ‘‘(i) Consider the critical nutrient 

22 needs of children who may be at risk for in23 adequate intake of the recommended daily 

24 servings of milk and dairy products under 

25 the most recent Dietary Guidelines deVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
11 

•HR 5003 RH

1 scribed in subparagraph (A)(i) and conform 

2 the applicable regulations to such guide3 lines. 

4 ‘‘(ii) Analyze milk consumption data 

5 and trends for school-aged children, and to 

6 the extent practicable, increase actual milk 

7 consumption in schools in a manner con8 sistent with the number of servings rec9 ommended under such Dietary Guidelines, 

10 and ensure that schools may offer any type 

11 of milk with fat levels that are in compli12 ance with such Dietary Guidelines. 

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

14 determining milk varieties eligible for schools to 

15 offer with school meal programs under this Act 

16 and section 4 of the Child Nutrition Act of 1966 

17 (42 U.S.C. 1773) and outside of the school meal 

18 programs, the Secretary shall consider the most 

19 commonly available types, sizes, containers, and 

20 varieties of milk in local, regional, and national 

21 commercial markets from which local edu22 cational agencies procure milk, to promote com23 petition and reduce milk waste.’’; 

24 (B) by striking ‘‘(4) PROVISION OF INFOR25 MATION’’ and all that follows through ‘‘(C) PROVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
12 

•HR 5003 RH

1 CUREMENT AND PROCESSING OF FOOD SERVICE

2 PRODUCTS AND COMMODITIES.—The Secretary’’ 

3 and inserting the following: 

4 ‘‘(4) PROCUREMENT AND PROCESSING OF FOOD

5 SERVICE PRODUCTS AND COMMODITIES.—The Sec6 retary’’; 

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

8 (i) by redesignating clauses (i) through 

9 (iii) as subparagraphs (A) through (C), re10 spectively, and indenting appropriately; 

11 and 

12 (ii) by redesignating subclauses (I) and 

13 (II) as clauses (i) and (ii), respectively, and 

14 indenting appropriately; and 

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

16 ‘‘(6) EMERGENCY ACCESS TO POTABLE WATER.— 

17 ‘‘(A) IN GENERAL.—To ensure that children 

18 have access to potable water during meal service, 

19 the Secretary may award funds to State agencies 

20 to assist such agencies in providing bottled water 

21 for a period of not more than 90 days (except as 

22 otherwise provided under subparagraph (C)) 

23 when— 

24 ‘‘(i) a major disaster or emergency has 

25 been declared by the President under the 


lotter on DSK5VPTVN1PROD with BILLS
13 

•HR 5003 RH

1 Robert T. Stafford Disaster Relief and 

2 Emergency Assistance Act (42 U.S.C. 5121 

3 et seq.); and 

4 ‘‘(ii) the Secretary determines that 

5 there is a significant risk to the health of 

6 school children posed by the public water 

7 system (as defined under section 1401(4) of 

8 the Safe Drinking Water Act (42 U.S.C. 

9 300f)). 

10 ‘‘(B) MATCHING REQUIREMENT.—To receive 

11 funds under this paragraph, a State agency shall 

12 assure the Secretary that the State will utilize 

13 donated water supplies and State funding to 

14 supplement the funds that the State receives 

15 under this paragraph to provide bottled water as 

16 necessary for students. 

17 ‘‘(C) EXTENSION OF AUTHORITY.—If the 

18 risk described in subparagraph (A)(ii) persists 

19 in a State after the first 90-day period for which 

20 funds under this paragraph are provided to such 

21 State, funds may be provided under this para22 graph to such State for an additional 90-day pe23 riod. 


lotter on DSK5VPTVN1PROD with BILLS
14 

•HR 5003 RH

1 ‘‘(D) FUNDING.—Not more than $475,000 

2 may be provided under this paragraph for a fis3 cal year.’’; 

4 (3) in subsection (b)— 

5 (A) in paragraph (2)(B)— 

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

7 shall contain only the family size income 

8 levels for reduced price meal eligibility with 

9 the explanation that households with in10 comes less than or equal to these values 

11 would be eligible for free or reduced price 

12 lunches’’; 

13 (ii) in clause (ii), by inserting ‘‘or re14 duced price’’ after ‘‘free’’; 

15 (iii) in clause (iii)(I)— 

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

17 ‘‘and’’ at the end; 

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

19 period at the end and inserting ‘‘; 

20 and’’; and 

21 (III) by adding at the end the fol22 lowing: 

23 ‘‘(cc) individuals may report 

24 alleged fraud to the Office of the 


lotter on DSK5VPTVN1PROD with BILLS
15 

•HR 5003 RH

1 Inspector General of the Depart2 ment of Agriculture.’’; and 

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

4 ‘‘(iv) REPORTING OF FRAUD.—The 

5 Secretary shall ensure that the Internet 

6 website of the Department of Agriculture 

7 prominently displays a link to the Internet 

8 website of the Office of the Inspector General 

9 of the Department and the phone number of 

10 the Office of the Inspector General through 

11 which an individual may report any al12 leged fraud. 

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

14 than 120 days after the date of the enact15 ment of the Improving Child Nutrition and 

16 Education Act of 2016, the Secretary 

17 shall— 

18 ‘‘(I) review a sample of applica19 tion forms, including paper and dig20 ital forms, used to apply for participa21 tion in the school lunch program au22 thorized under this Act and the school 

23 breakfast program established by sec24 tion 4 of the Child Nutrition Act of 

25 1966 (42 U.S.C. 1773); 


lotter on DSK5VPTVN1PROD with BILLS
16 

•HR 5003 RH

1 ‘‘(II) provide to States guidance 

2 relating to best practices, including a 

3 standard application form local edu4 cational agencies or schools may use; 

5 ‘‘(III) provide to States guidance 

6 relating to how to improve the applica7 tion to ensure families understand and 

8 can enroll in the school lunch program 

9 and the school breakfast program; and 

10 ‘‘(IV) provide to States such infor11 mation as is necessary to ensure that 

12 States understand school food authori13 ties may not— 

14 ‘‘(aa) require or mandate 

15 families apply for either program; 

16 ‘‘(bb) request that a family 

17 apply for the program after the 

18 parent or guardian has informed 

19 the school that the family does not 

20 want to participate in the pro21 gram or receive additional infor22 mation about the program in that 

23 school year; or 

24 ‘‘(cc) in the case of a family 

25 that has not informed the school 


lotter on DSK5VPTVN1PROD with BILLS
17 

•HR 5003 RH

1 about their choice, request more 

2 than twice in that school year 

3 that such family apply for the 

4 program if such family has not 

5 submitted an application, except 

6 that providing information about 

7 the application (including how 

8 and when the application will be 

9 sent to parents and how to fill out 

10 the application) shall not count as 

11 a request to apply.’’; 

12 (B) in paragraph (3)— 

13 (i) by striking subparagraph (D) and 

14 inserting the following: 

15 ‘‘(D) VERIFICATION.— 

16 ‘‘(i) STANDARD VERIFICATION OF AP17 PLICATIONS.— 

18 ‘‘(I) IN GENERAL.—Beginning 

19 with the second school year that begins 

20 after the date of the enactment of the 

21 Improving Child Nutrition and Edu22 cation Act of 2016, each school year, 

23 each local educational agency shall 

24 verify the eligibility of the children in 

25 a portion of the household applications 


lotter on DSK5VPTVN1PROD with BILLS
18 

•HR 5003 RH

1 approved for the school year by the 

2 local educational agency, as of Novem3 ber 1 of the school year, as determined 

4 by the Secretary in accordance with 

5 this subsection. 

6 ‘‘(II) SAMPLE SIZE.— 

7 ‘‘(aa) IN GENERAL.—The 

8 portion for a local educational 

9 agency for a school year shall 

10 equal the lesser of— 

11 ‘‘(AA) 10,000; or 

12 ‘‘(BB) 10 percent of ap13 proved household applica14 tions. 

15 ‘‘(bb) CALCULATION.—Not 

16 later than July 1 of each year, the 

17 Secretary shall calculate the sam18 ple size under this subparagraph 

19 for each local educational agency 

20 based on data from the 2 most re21 cent school years available. 

22 ‘‘(III) SAMPLE SELECTION.—Ap23 plications shall be selected for 

24 verification by the local educational 

25 agency based on indications that inforVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
19 

•HR 5003 RH

1 mation relevant to eligibility is incon2 sistent with the information provided 

3 on the application, including at a 

4 minimum the following: 

5 ‘‘(aa) The household has sub6 mitted information in writing to 

7 the local educational agency that 

8 is inconsistent with the informa9 tion on the application. 

10 ‘‘(bb) The information pro11 vided on the application is con12 sistent with a pattern of error or 

13 fraud detected by the local edu14 cational agency, the State agency, 

15 or the Secretary. 

‘‘(cc) For not more than 1 16 ⁄4

17 of the sample, students who are 

18 directly certified or the applica19 tion provides a case number (in 

20 lieu of income information) show21 ing participation in— 

22 ‘‘(AA) the supplemental 

23 nutrition assistance program 

24 established under the Food 


lotter on DSK5VPTVN1PROD with BILLS
20 

•HR 5003 RH

1 and Nutrition Act of 2008 (7 

2 U.S.C. 2011 et seq.); or 

3 ‘‘(BB) a State program 

4 funded under the program of 

5 block grants to States for 

6 temporary assistance for 

7 needy families established 

8 under part A of title IV of 

9 the Social Security Act (42 

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

11 Secretary determines com12 plies with standards estab13 lished by the Secretary that 

14 ensure that the eligibility re15 quirements under the State 

16 program are comparable to 

17 the requirements for partici18 pation in accordance with 

19 this Act and the Child Nutri20 tion Act of 1966 (42 U.S.C. 

21 1771 et seq.). 

‘‘(dd) For not more than 1 22 ⁄4

23 of the sample, the income infor24 mation provided on the applica25 tion is close to the income limit 


lotter on DSK5VPTVN1PROD with BILLS
21 

•HR 5003 RH

1 for free or reduced price meals, as 

2 determined by the local edu3 cational agency each year. 

4 ‘‘(ee) Such other criteria as 

5 is determined by the State. 

6 ‘‘(IV) ADDITIONAL VERIFICATION

7 OF APPLICATIONS.—If the number of 

8 applications that match the criteria 

9 described in subclause (III) is insuffi10 cient to meet the number of applica11 tions determined under subclause (II), 

12 the local educational agency shall select 

13 additional applications at random. 

14 ‘‘(ii) VERIFICATION FOR CAUSE.—In 

15 addition to conducting verification of a 

16 sample of applications as described in 

17 clause (i), a local educational agency may 

18 verify any household application at any 

19 point in the school year if the household ap20 plication meets the criteria described in 

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

22 such other criteria as is determined by the 

23 Secretary. 

24 ‘‘(iii) COMPLIANCE.—In conducting 

25 verification under this subparagraph, a 


lotter on DSK5VPTVN1PROD with BILLS
22 

•HR 5003 RH

1 State agency or local educational agency 

2 shall not select applications in a manner 

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

4 (ii) in subparagraph (F)— 

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

6 preceding subclause (I), by striking 

7 ‘‘may’’ and inserting ‘‘shall’’; and 

8 (II) by striking clauses (iv) and 

9 (v) and inserting the following: 

10 ‘‘(iv) DIRECT CERTIFICATION.—If eli11 gibility for a household application is con12 firmed using direct verification, each child 

13 in the household shall be considered directly 

14 certified.’’; 

15 (iii) in subparagraph (G)— 

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

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

18 and 

19 (II) by adding at the end the fol20 lowing: 

21 ‘‘(v) VALIDITY OF VERIFICATION RE22 SULTS.— 

23 ‘‘(I) DEFINITIONS.—In this 

24 clause: 


lotter on DSK5VPTVN1PROD with BILLS
23 

•HR 5003 RH

1 ‘‘(aa) APPROVED APPLICA2 TION.—The term ‘approved appli3 cation’ includes each student on a 

4 paper or electronic application 

5 approved by the local educational 

6 agency for free or reduced price 

7 lunches for the school year. 

8 ‘‘(bb) RESPONSE RATE.—The 

9 term ‘response rate’ means the 

10 percentage of the approved house11 hold applications of the local edu12 cational agency for which 

13 verification information was ob14 tained after attempted verification 

15 under this section. 

16 ‘‘(cc) NONRESPONSE RATE.— 

17 The term ‘nonresponse rate’ 

18 means the percentage of the ap19 proved household applications of 

20 the local educational agency for 

21 which verification information 

22 was not obtained after attempted 

23 verification under this section. 

24 ‘‘(dd) CONFIRMATION

25 RATE.—The term ‘confirmation 


lotter on DSK5VPTVN1PROD with BILLS
24 

•HR 5003 RH

1 rate’ means the percentage of ap2 proved household applications and 

3 directly certified students selected 

4 by the local educational agency 

5 for verification under this sub6 paragraph that had the level of 

7 benefits confirmed as a result of 

8 information obtained during the 

9 verification process. 

10 ‘‘(II) REDUCTIONS.— 

11 ‘‘(aa) IN GENERAL.—The 

12 sample under subparagraph 

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

14 more than the lesser of 2,500 ap15 plications or 2.5 percentage points 

16 for each of the criteria described 

17 in subclause (III) that are met by 

18 the local educational agency. 

19 ‘‘(bb) LIMITATION.—Reduc20 tions under item (aa) may result 

21 in a sample of not less than 2.5 

22 percent of approved applications. 

23 ‘‘(III) CRITERIA.—The criteria 

24 referred to in subclause (II)(aa) are as 

25 follows: 


lotter on DSK5VPTVN1PROD with BILLS
25 

•HR 5003 RH

1 ‘‘(aa) RESPONSE RATE.—For 

2 the preceding school year the re3 sponse rate was more than 85 per4 cent. 

5 ‘‘(bb) NONRESPONSE RATE

6 REDUCTION.—The nonresponse 

7 rate was at least 15 percent below 

8 the nonresponse rate for the sec9 ond preceding school year. 

10 ‘‘(cc) CONFIRMATION RATE.— 

11 The confirmation rate is 100 per12 cent or has increased by at least 5 

13 percent over the two most recent 

14 school years for which data is 

15 available. 

16 ‘‘(dd) ADMINISTRATIVE BUR17 DEN REDUCTION.— 

18 ‘‘(AA) IN GENERAL.— 

19 The local educational agency 

20 receives a determination 

21 from the Secretary that com22 pliance with subparagraph 

23 (D)(i)(II) would render the 

24 local educational agency unVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
26 

•HR 5003 RH

1 able to administer the pro2 gram. 

3 ‘‘(BB) REQUIRE4 MENT.—The Secretary shall 

5 develop a system by which to 

6 measure cost and adminis7 trative burden associated 

8 with compliance with sub9 paragraph (D)(i)(II) and 

10 shall consider requests from 

11 local educational agencies 

12 based on that system.’’; 

13 (iv) in subparagraph (H)(i)— 

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

15 ‘‘November’’ and inserting ‘‘December’’; 

16 and 

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

18 ‘‘December’’ and inserting ‘‘January’’; 

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

20 matter preceding subclause (I), by striking 

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

22 data’’; 

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

24 to read as follows: 


lotter on DSK5VPTVN1PROD with BILLS
27 

•HR 5003 RH

1 ‘‘(ii) REPORT.—Not later than two 

2 years after the date of the enactment of the 

3 Improving Child Nutrition and Education 

4 Act of 2016, the Secretary shall submit to 

5 the Committee on Education and the Work6 force of the House of Representatives and 

7 Committee on Agriculture, Nutrition, and 

8 Forestry of the Senate a report describing— 

9 ‘‘(I) the results of the feasibility 

10 study conducted under this subsection; 

11 ‘‘(II) how a computer system— 

12 ‘‘(aa) used to reduce 

13 verification and certification er14 rors can be adapted to further re15 duce errors; and 

16 ‘‘(bb) using technology de17 scribed in clause (i) could be im18 plemented; and 

19 ‘‘(III) a plan to adapt or imple20 ment such system.’’; 

21 (vii) by adding at the end the fol22 lowing: 

23 ‘‘(L) ENHANCED VERIFICATION METHODS.— 

24 ‘‘(i) REQUIREMENTS.— 


lotter on DSK5VPTVN1PROD with BILLS
28 

•HR 5003 RH

1 ‘‘(I) IN GENERAL.—The Secretary 

2 shall help local educational agencies 

3 engage in alternative and enhanced 

4 methods of certification and 

5 verification to increase the effectiveness 

6 of the process, reduce certification er7 rors, and produce more meaningful 

8 management information to facilitate 

9 local educational agency, State, and 

10 Federal oversight with respect to pro11 gram integrity in the school meal pro12 grams. 

13 ‘‘(II) BEST PRACTICES.—The Sec14 retary shall encourage local edu15 cational agencies to adopt proven best 

16 practices with regard to verification. 

17 ‘‘(III) SELECTION FOR IMPLEMEN18 TATION.—To the extent necessary to re19 fine alternative verification methods or 

20 assess the feasibility, impact, or effi21 cacy of the methods prior to recom22 mending the methods, the Secretary 

23 shall select States and local edu24 cational agencies that have requested to 

25 participate in the development of best 


lotter on DSK5VPTVN1PROD with BILLS
29 

•HR 5003 RH

1 practices to implement methods subject 

2 to clause (iii). 

3 ‘‘(ii) REQUIREMENTS.—The certifi4 cation and verification methods shall— 

5 ‘‘(I) meet such terms and condi6 tions as the Secretary considers appro7 priate; and 

8 ‘‘(II) except as otherwise provided 

9 in this subparagraph, be conducted in 

10 accordance with this subsection. 

11 ‘‘(iii) SELECTION CRITERIA.—In select12 ing methods, including methods for imple13 mentation under clause (i)(III), the Sec14 retary shall— 

15 ‘‘(I) consider the degree to which 

16 the method would improve certification 

17 accuracy and program integrity with18 in the school meal programs; 

19 ‘‘(II) consider whether there is 

20 evidence that the method could be rep21 licated easily by other local edu22 cational agencies or political subdivi23 sions; 


lotter on DSK5VPTVN1PROD with BILLS
30 

•HR 5003 RH

1 ‘‘(III) consider whether the meth2 od would increase the efficiency and ef3 fectiveness of the verification process; 

4 ‘‘(IV) consider whether the local 

5 educational agency or State agency has 

6 a demonstrated capacity to undertake 

7 the method and to produce the data 

8 necessary to support the evaluation; 

9 and 

10 ‘‘(V) ensure the methods imple11 mented under clause (i)(III) are imple12 mented across a range of geographic 

13 areas and States, including rural and 

14 urban areas, and, when considered as 

15 a group, allow for an assessment of a 

16 range of strategies regarding 

17 verification sample selection, obtaining 

18 eligibility documentation, and the enti19 ty conducting verification, including 

20 strategies that— 

21 ‘‘(aa) use analyses of data, 

22 particularly in large local edu23 cational agencies to develop algo24 rithms to select error-prone appli25 cations for verification; 


lotter on DSK5VPTVN1PROD with BILLS
31 

•HR 5003 RH

1 ‘‘(bb) use third-party data 

2 sources to confirm eligibility prior 

3 to conducting household 

4 verification under subparagraph 

5 (G); 

6 ‘‘(cc) rely on alternative 

7 methods, including message test8 ing, of communicating with 

9 households to assess which meth10 ods most effectively result in 

11 household responses; 

12 ‘‘(dd) rely on agencies or or13 ganizations other than the local 

14 educational agency to conduct 

15 verification, including at a min16 imum the State agency; and 

17 ‘‘(ee) could reduce the admin18 istrative burden of conducting 

19 verification for a consortia of 

20 local educational agencies, includ21 ing shared online applications 

22 and shared verification proce23 dures. 

24 ‘‘(iv) REDUCTION.—Notwithstanding 

25 the limitation in subparagraph 


lotter on DSK5VPTVN1PROD with BILLS
32 

•HR 5003 RH

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

2 that uses the strategies described in clause 

3 (iii)(V) may qualify for a reduction of ad4 ditional 0.25 percentage points under such 

5 subparagraph, creating a floor of 2.25 per6 cent for the verification sample size.’’; 

7 (C) in paragraph (4)— 

8 (i) in subparagraph (B), by inserting 

9 ‘‘, including a child enrolled in a nonpublic 

10 school,’’ after ‘‘under which a child’’; 

11 (ii) by striking subparagraph (E); 

12 (iii) by redesignating subparagraphs 

13 (F) and (G) as subparagraphs (E) and (F), 

14 respectively; and 

15 (iv) in subparagraph (E) (as so redes16 ignated)— 

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

18 ‘‘means—’’ and all that follows 

19 through ‘‘each school year thereafter’’ 

20 in subclause (III) and inserting 

21 ‘‘means, for the school year’’; 

22 (II) in clause (ii)— 

23 (aa) in subclause (II), by 

24 striking ‘‘and’’ at the end; 


lotter on DSK5VPTVN1PROD with BILLS
33 

•HR 5003 RH

1 (bb) in subclause (III), by 

2 striking the period at the end and 

3 inserting a semicolon; and 

4 (cc) by adding at the end the 

5 following: 

6 ‘‘(IV) include in the report re7 quired under section 4301 of the Food, 

8 Conservation, and Energy Act of 2008 

9 (42 U.S.C. 1758a), a description of 

10 technical assistance provided to and 

11 progress of States identified under sub12 clause (I) toward implementing the 

13 measures and meeting the goals estab14 lished by the State as required under 

15 clause (iii)(II); and 

16 ‘‘(V) provide guidance to schools 

17 on providing meals and collecting pay18 ment for any student who is no longer 

19 able to receive meals because the stu20 dent did not provide a response to the 

21 verification request for the student’s 

22 school meal application.’’; and 

23 (III) in clause (iii)(II)(bb), by in24 serting ‘‘within 3 school years’’ after 

25 ‘‘those measures’’; 


lotter on DSK5VPTVN1PROD with BILLS
34 

•HR 5003 RH

1 (D) in paragraph (15)— 

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

3 ‘‘section 9(b)(1)(A) of this Act’’ and insert4 ing ‘‘paragraph (1)(A)’’; and 

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

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

7 it appears and inserting ‘‘paragraph 

8 (4)(F)’’; 

9 (4) in subsection (f)— 

10 (A) in paragraph (1)— 

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

12 ‘‘and’’ at the end; 

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

14 the period at the end and inserting ‘‘; and’’; 

15 and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(C) meet minimum nutritional require19 ments prescribed by the Secretary on the basis of 

20 tested nutritional research specifically conducted 

21 to understand the impact for children, except 

22 that the minimum nutritional requirements— 

23 ‘‘(i) may not prohibit the substitution 

24 of foods to accommodate the medical, in25 cluding allergies, or other special dietary 


lotter on DSK5VPTVN1PROD with BILLS
35 

•HR 5003 RH

1 needs of individual students, including reli2 gious dietary restrictions; and 

3 ‘‘(ii) shall, as possible in accommo4 dating the medical or other special dietary 

5 needs of such students, be based on the week6 ly average of the nutrient content of school 

7 lunches.’’; 

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

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

10 (C) by striking paragraph (4) and inserting 

11 the following: 

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

13 ‘‘(A) REVIEW REGULATIONS.—The Sec14 retary shall, at least every 3 years— 

15 ‘‘(i) review the regulations promul16 gated in accordance with this Act for the 

17 school meal programs described in para18 graph (1) (in this paragraph referred to as 

19 the ‘school meal programs’); 

20 ‘‘(ii) with consultation from a parent, 

21 a pediatrician, a dietician who conducts 

22 child nutrition research, and stakeholders in 

23 schools (including school leaders, school 

24 boards, local educational agency adminisVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
36 

•HR 5003 RH

1 trators, and school food nutrition directors), 

2 certify that the regulations are— 

3 ‘‘(I) appropriate for the age of 

4 children participating in the school 

5 meal programs, including for the 

6 health of children; 

7 ‘‘(II) in compliance with the pre8 ponderance of the latest high-quality 

9 research based on school-aged children 

10 conducted to examine the health and 

11 safety of children participating in the 

12 school meal programs; 

13 ‘‘(III) not increasing the cost to 

14 implement the requirements of the 

15 school meal programs (which costs 

16 shall be considered the total costs to 

17 implement the regulations and not lim18 ited to the cost of any changes to the 

19 regulations); and 

20 ‘‘(IV) not discouraging students 

21 from participating in the school meal 

22 programs; 

23 ‘‘(iii) if necessary to meet the require24 ments of clause (ii), revise the regulations to 

25 meet such requirements; 


lotter on DSK5VPTVN1PROD with BILLS
37 

•HR 5003 RH

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

2 publication under clause (v)(II) of the re3 vised regulations— 

4 ‘‘(I) submit the revised regulations 

5 for comment to the Committee on Edu6 cation and the Workforce of the House 

7 of Representatives and the Committee 

8 on Agriculture, Nutrition, and For9 estry of the Senate; 

10 ‘‘(II) review any comments pro11 vided under subclause (I), and further 

12 revise the regulations, if necessary to 

13 ensure the revised regulations are in 

14 compliance with clause (i); and 

15 ‘‘(III) provide a public notice and 

16 comment period of not less than 60 

17 days, review the public comments, and 

18 further revise the regulations, if nec19 essary to ensure the revised regulations 

20 are in compliance with clause (i); and 

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

22 and submit to the Committee on Education 

23 and the Workforce of the House of Rep24 resentatives and the Committee on AgriVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
38 

•HR 5003 RH

1 culture, Nutrition, and Forestry of the Sen2 ate— 

3 ‘‘(I) a notice that no changes to 

4 the regulations are required and the 

5 certification described in clause (ii); or 

6 ‘‘(II) the regulations, as revised 

7 under clause (iv), and the certification 

8 described in clause (ii). 

9 ‘‘(B) FIRST REVIEW.—The first review re10 quired under subparagraph (A) after the date of 

11 enactment of the Improving Child Nutrition and 

12 Education Act of 2016 shall— 

13 ‘‘(i) be concluded not later than De14 cember 31, 2016; 

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

16 and whole grain requirements under the 

17 regulations for the school meal programs; 

18 and 

19 ‘‘(iii) ensure that such requirements— 

20 ‘‘(I) maintain the sodium target 

21 requirements established for the school 

22 lunch program and school breakfast 

23 program under sections 210.10(f) and 

24 220.8(f) of title 7, Code of Federal Reg25 ulations, respectively (as such regulaVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
39 

•HR 5003 RH

1 tions are in effect on the day before the 

2 date of the enactment of the Improving 

3 Child Nutrition and Education Act of 

4 2016) until such requirements are re5 vised in accordance with subclause 

6 (II); and 

7 ‘‘(II) in a case in which the so8 dium target requirements are revised 

9 as a result of the review described in 

10 this subparagraph, ensure that such a 

11 revision— 

12 ‘‘(aa) is based on health re13 quirements for children; 

14 ‘‘(bb) is supported by a ma15 jority of research focused on 

16 school-aged children that directly 

17 establishes, through well-controlled 

18 randomized trials or well-de19 signed, long-term observational 

20 studies, that sodium reductions 

21 are both safe and produce bene22 ficial health outcomes for such 

23 children; 

24 ‘‘(cc) is able to support food 

25 safety and be produced in a manVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
40 

•HR 5003 RH

1 ner that does not significantly in2 crease the cost of food; and 

3 ‘‘(dd) does not take effect 

4 until 3 years after the revision 

5 has been published in the Federal 

6 Register. 

7 ‘‘(C) SPECIAL RULE FOR REGULATION RE8 LIEF FOR FAMILY MEAL DAYS.— 

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

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

11 promulgate new rules as necessary, to en12 sure each State agency provides guidance to 

13 school food authorities with respect to the 

14 allowance of up to 4 family meal days, as 

15 designated by a school, which shall be ex16 empt from the meal pattern rules specified 

17 under the regulations for the school meal 

18 programs, during which the school may— 

19 ‘‘(I) invite parents to participate 

20 in special meals, such as a Thanks21 giving meal or a parents’ day meal; 

22 and 

23 ‘‘(II) provide additional nutrition 

24 education, such as recipe building or 

25 healthy cooking classes to parents and 


lotter on DSK5VPTVN1PROD with BILLS
41 

•HR 5003 RH

1 families on making healthy meal op2 tions at home, which may be provided 

3 by an entity or individual other than 

4 a school food service director or food 

5 service personnel. 

6 ‘‘(ii) CLARIFICATION.—In issuing 

7 guidance or promulgating rules under 

8 clause (i), the Secretary shall not establish 

9 any requirements or limitations for family 

10 meal days, except to ensure that schools 

11 have the authority to hold up to 4 family 

12 meal days per school year. 

13 ‘‘(D) REGULATION FLEXIBILITY.—The Sec14 retary shall provide guidance, when there is dif15 ficulty in procuring food to comply with the reg16 ulations, to allow a school food authority to sub17 stitute food items across food groups and sub18 groups, including in-season, locally-produced 

19 fruits and vegetables, notwithstanding the food20 based meal patterns and menu planning require21 ments of this subsection, provided that the school 

22 food authority continues to meet applicable daily 

23 and weekly nutrient and dietary requirements 

24 under this subsection.’’; and 

25 (D) by adding at the end the following: 


lotter on DSK5VPTVN1PROD with BILLS
42 

•HR 5003 RH

1 ‘‘(5) ACCOMMODATIONS.—The accommodation 

2 requirements described in paragraph (1)(C)(i) shall 

3 apply to all programs under this Act and all pro4 grams under the Child Nutrition Act of 1966 (42 

5 U.S.C. 1771 et seq.), except for section 17 of such Act 

6 (42 U.S.C. 1786).’’. 

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

8 (6) by redesignating subsections (h), (i), (j), and 

9 (l) as subsections (g), (h), (i), and (j), respectively; 

10 and 

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

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

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

14 through 2021’’. 

15 SEC. 105. MISCELLANEOUS PROVISIONS. 

16 (a) UNIVERSAL MEAL SERVICE IN HIGH POVERTY

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

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

19 17659a(a)(1)(F)) is amended— 

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

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

22 within the local educational agency if the result ob23 tained by dividing the total number of the identified 

24 students enrolled in such schools by the total number 

25 of all students enrolled in such schools, is above the 


lotter on DSK5VPTVN1PROD with BILLS
43 

•HR 5003 RH

1 threshold in clause (viii))’’ after ‘‘on behalf of certain 

2 schools’’; and 

3 (2) by striking clause (viii) and inserting the fol4 lowing: 

5 ‘‘(viii) THRESHOLD.— 

6 ‘‘(I) IN GENERAL.—For each school year be7 ginning on or after July 1, 2017, the Secretary 

8 shall use a threshold that is not less than 60 per9 cent. 

10 ‘‘(II) COMMUNITY ELIGIBILITY SELECTION

11 TRANSITION.—In the case of a school that re12 ceived special assistance payments under this 

13 subparagraph during the school year imme14 diately prior to the school year in which the Im15 proving Child Nutrition and Education Act of 

16 2016 was enacted, such school shall, not later 

17 than June 30, 2018— 

18 ‘‘(aa) meet the threshold described in 

19 subclause (I); or 

20 ‘‘(bb) transition from receiving pay21 ments under this subparagraph in accord22 ance with subclause (III). 

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

24 case of schools described in subclause (II)(bb), the 

25 Secretary shall provide technical assistance to 


lotter on DSK5VPTVN1PROD with BILLS
44 

•HR 5003 RH

1 ensure that such schools are able to effectively 

2 and efficiently transition from receiving pay3 ments under this subparagraph to receiving spe4 cial assistance payments otherwise made avail5 able under this paragraph, including commu6 nicating the application process to families in a 

7 timely manner to ensure continuity of services 

8 for eligible families.’’; and 

9 (3) in clause (xi)— 

10 (A) in subclause (II), by striking ‘‘Not later 

11 than December 31, 2013’’ and inserting ‘‘Not 

12 later than one year after the date of enactment 

13 of the Improving Child Nutrition and Education 

14 Act of 2016’’; and 

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

16 Secretary uses the authority provided in clause 

17 (vii)(II)(bb) to use a different multiplier for dif18 ferent schools or local educational agencies, for 

19 each school year beginning on or after July 1, 

20 2014, not later than April 1, 2014’’ and insert21 ing ‘‘If the Secretary uses the authority provided 

22 in clause (vii), for each school year beginning on 

23 or after July 1, 2017, not less than one year 

24 prior to the Secretary electing to use such au25 thority’’. 


lotter on DSK5VPTVN1PROD with BILLS
45 

•HR 5003 RH

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

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

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

4 and inserting ‘‘February 15’’. 

5 (c) DEFINITION OF STATE AGENCY.—Paragraph (9) of 

6 section 12(d) of the Richard B. Russell National School 

7 Lunch Act (42 U.S.C. 1760(d)(9)) is amended to read as 

8 follows: 

9 ‘‘(9) STATE AGENCY.—The term ‘State agency’ 

10 means— 

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

12 the State superintendent of public instruction, 

13 commissioner of education, or similar officer); 

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

15 State department of education; 

16 ‘‘(C) the State Commissioner or individual 

17 who administers agricultural programs in the 

18 State; or 

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

20 designates to administer the programs under this 

21 Act.’’. 

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

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

24 U.S.C. 1760) is amended by striking ‘‘2015’’ and inserting 

25 ‘‘2021’’. 


lotter on DSK5VPTVN1PROD with BILLS
46 

•HR 5003 RH

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

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

3 1760) is further amended by striking subsection (p) and 

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

5 (q), respectively. 

6 SEC. 106. SUMMER FOOD SERVICE PROGRAM FOR CHIL7 DREN. 

8 Section 13 of the Richard B. Russell National School 

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

10 (1) in subsection (a)— 

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

12 the following: 

13 ‘‘(C) EDUCATIONAL AND ENRICHMENT AC14 TIVITIES.—In determining participation under 

15 subparagraph (A), the State shall prioritize ap16 plications that include an educational or enrich17 ment activity, or demonstrate a partnership with 

18 an entity providing such activity.’’; 

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

20 follows: 

21 ‘‘(8) STREAMLINING.— 

22 ‘‘(A) SEAMLESS SUMMER.—Except as other23 wise determined by the Secretary, a service insti24 tution that is a public or private nonprofit 

25 school food authority may provide summer or 


lotter on DSK5VPTVN1PROD with BILLS
47 

•HR 5003 RH

1 school vacation food service in accordance with 

2 applicable provisions of law governing the school 

3 lunch program established under this Act or the 

4 school breakfast program established under the 

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

6 seq.). 

7 ‘‘(B) SUMMER AND CACFP AT-RISK STREAM8 LINING.— 

9 ‘‘(i) IN GENERAL.—Notwithstanding 

10 subsections (b)(2) and (c)(1), in order for 

11 States and service institutions to operate 

12 more effectively through the year, a State 

13 may elect to streamline and simplify pro14 gram operations and requirements by re15 ducing paperwork and other administrative 

16 burdens, and consolidating training, moni17 toring, and other requirements, while re18 taining appropriate measures of program 

19 integrity. Such State election may include 

20 the utilization of technical assistance pro21 vided to the State under clause (iv) and 

22 shall apply to service institutions that— 

23 ‘‘(I) are described in paragraphs 

24 (6) or (7); 


lotter on DSK5VPTVN1PROD with BILLS
48 

•HR 5003 RH

1 ‘‘(II) provide care to at-risk school 

2 children (as defined in section 

3 17(r)(2)), and may be eligible child 

4 care centers or homes (as defined under 

5 section 17(a)(2)); and 

6 ‘‘(III) are not public schools. 

7 ‘‘(ii) STREAMLINED REIMBURSE8 MENT.—States that demonstrate stream9 lined and simplified program operations 

10 under clause (i) for service institutions, and 

11 that are selected by the Secretary under 

12 clause (v), shall streamline reimbursements 

13 for such service institutions by providing 

14 reimbursements for— 

15 ‘‘(I) lunch and either breakfast or 

16 a supplement served to at-risk school 

17 children— 

18 ‘‘(aa) during each day of op19 eration during the months of May 

20 through September; and 

21 ‘‘(bb) in the case of a service 

22 institution that provides meal 

23 service to such children who are 

24 not in school for a period during 

25 the school year due to a natural 


lotter on DSK5VPTVN1PROD with BILLS
49 

•HR 5003 RH

1 disaster, building repair, court 

2 order, or similar cause, at any 

3 time during such period in that 

4 school year; and 

5 ‘‘(II) up to 1 meal and 1 supple6 ment served to at-risk school children 

7 during each day of operation outside of 

8 school hours during the regular or con9 tinuous school calendar, including 

10 after school, weekends, and school holi11 days. 

12 ‘‘(iii) RATE OF REIMBURSEMENT.— 

13 The State shall reimburse service institu14 tions seeking reimbursement under this sub15 paragraph at a rate that is consistent with 

16 section 17(r)(4)(B). 

17 ‘‘(iv) TECHNICAL ASSISTANCE.— 

18 ‘‘(I) IN GENERAL.—Not later than 

19 December 31, 2016, the Secretary shall 

20 develop guidance and provide technical 

21 assistance for States and service insti22 tutions to assist in the implementation 

23 of this subparagraph, including by 

24 identifying areas of programmatic 

25 overlap in the program under this secVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
50 

•HR 5003 RH

1 tion and the child and adult care food 

2 program under section 17 in order for 

3 States to simplify the administration 

4 and oversight of each such program. 

5 ‘‘(II) GUIDANCE.—Such guidance 

6 shall include information on possible 

7 ways States may ensure participation 

8 under this subparagraph will lead to 

9 reduced paperwork and other adminis10 trative burdens, including rec11 ommendations for streamlined pro12 gram applications, reporting require13 ments, inspections, and other areas of 

14 potential duplication, while retaining 

15 appropriate measures of program in16 tegrity. 

17 ‘‘(III) OTHER STATES.—Informa18 tion provided under this clause shall be 

19 provided in such a manner that any 

20 State may identify areas of pro21 grammatic overlap, and reduce paper22 work and other burdens, even if such 

23 State has not yet been selected to pro24 vide reimbursements to service instituVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
51 

•HR 5003 RH

1 tions in accordance with this subpara2 graph. 

3 ‘‘(v) SUCCESSFUL IMPLEMENTATION.— 

4 ‘‘(I) IN GENERAL.—A State seek5 ing to provide reimbursements in ac6 cordance this subparagraph shall dem7 onstrate to the Secretary the ways in 

8 which the State has used the election 

9 under clause (i) to reduce paperwork 

10 and other administrative burdens 

11 while retaining appropriate measures 

12 of program integrity, which may in13 clude the utilization of technical assist14 ance provided to the State under clause 

15 (iv). 

16 ‘‘(II) INITIAL SELECTION OF

17 STATES.— 

18 ‘‘(aa) IN GENERAL.—The 

19 Secretary shall select not more 

20 than 5 States to provide reim21 bursements in accordance with 

22 this subparagraph, beginning in 

23 May 2017, if such States have the 

24 capacity to effectively implement 

25 this subparagraph, as demVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
52 

•HR 5003 RH

1 onstrated by streamlining and 

2 simplifying program operations 

3 in accordance with subclause (I). 

4 ‘‘(bb) UPDATE.—When ap5 propriate, but not later than May 

6 31, 2018, and consistent with sub7 clause (V)(bb), the Secretary shall 

8 update the information under 

9 clause (iv). 

10 ‘‘(III) NEXT SELECTION OF

11 STATES.— 

12 ‘‘(aa) IN GENERAL.—If the 

13 Secretary determines that addi14 tional States have the capacity 

15 described in subclause (I) and ad16 ditional best practices could be 

17 provided by further implementa18 tion of this subparagraph, the 

19 Secretary may select not more 

20 than 5 such States to provide re21 imbursements in accordance with 

22 this subparagraph beginning in 

23 October 2018. 

24 ‘‘(bb) UPDATE.—Not later 

25 than September 30, 2019, and 


lotter on DSK5VPTVN1PROD with BILLS
53 

•HR 5003 RH

1 consistent with subclause (V)(bb), 

2 the Secretary shall update the in3 formation under clause (iv) to re4 flect the further implementation of 

5 this subparagraph. 

6 ‘‘(IV) ADDITIONAL SELECTION OF

7 STATES.—The Secretary may select ad8 ditional States to provide reimburse9 ments in accordance with this sub10 paragraph beginning in May 2020, 

11 and each year thereafter, if such States 

12 have the capacity described in sub13 clause (I). 

14 ‘‘(V) BEST PRACTICES.— 

15 ‘‘(aa) IN GENERAL.—As a 

16 condition of being selected under 

17 this clause, a State shall provide, 

18 in such time and in such manner 

19 as the Secretary may reasonably 

20 require, information to the Sec21 retary regarding best practices of 

22 successful implementation of this 

23 subparagraph. 

24 ‘‘(bb) UPDATE.—The Sec25 retary shall continue to periodiVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
54 

•HR 5003 RH

1 cally update the information 

2 under clause (iv) to include the 

3 best practices provided under item 

4 (aa) for continued successful im5 plementation of this subpara6 graph.’’; 

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

8 (12); and 

9 (D) by redesignating paragraph (11) as 

10 paragraph (9); and 

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

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

13 CONSUMPTION.— 

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

15 2017, the Secretary shall grant requests made by 

16 a State to allow children who are participating 

17 in the program but for whom an operation under 

18 paragraph (12) is not available, to consume 

19 meals away from a congregate feeding site when 

20 the program is available to such children at the 

21 site, but— 

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

23 weather conditions; 


lotter on DSK5VPTVN1PROD with BILLS
55 

•HR 5003 RH

1 ‘‘(ii) violence or other public safety 

2 concerns in the area temporarily prevent 

3 children from traveling safely to the site; or 

4 ‘‘(iii) other emergency circumstances, 

5 as defined by the State, prevent access to the 

6 site. 

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

8 under subparagraph (A), the Secretary shall en9 sure that— 

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

11 only between the months of May through 

12 September; 

13 ‘‘(ii) allowances are granted in the 

14 most efficient and effective manner to en15 sure programs and States can quickly re16 spond and adapt to the circumstances de17 scribed in clauses (i) through (iii) of sub18 paragraph (A); and 

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

20 meal in which a component is offered but 

21 not served is not reimbursed under sub22 section (b). 

23 ‘‘(C) STATE PLAN.—As part of the manage24 ment and administration plan described in sub25 section (n), a State shall describe— 


lotter on DSK5VPTVN1PROD with BILLS
56 

•HR 5003 RH

1 ‘‘(i) the approval process, including the 

2 timeline, the State would undertake to issue 

3 an allowance; 

4 ‘‘(ii) standards for what circumstances 

5 merit an allowance, how long an allowance 

6 will last, and when an allowance may be 

7 extended; and 

8 ‘‘(iii) how the program would operate 

9 once an allowance is issued. 

10 ‘‘(11) OFF-SITE CONSUMPTION.— 

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

12 2017, a State may elect for service institutions 

13 to carry out an off-site consumption operation in 

14 the State to provide summer food service pro15 gram meals to children eligible to participate in 

16 the program that such children may consume 

17 away from a congregate feeding site. 

18 ‘‘(B) AVAILABILITY.—The operation de19 scribed in subparagraph (A) shall be available to 

20 a child described in subparagraph (A) only if the 

21 child lives in an area that is eligible to partici22 pate in the summer food service program, but 

23 that is not currently being served, and such 

24 area— 


lotter on DSK5VPTVN1PROD with BILLS
57 

•HR 5003 RH

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

2 or 

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

4 which more than 80 percent of students are 

5 certified as eligible for free or reduced price 

6 meals. 

7 ‘‘(C) ADMINISTRATION.— 

8 ‘‘(i) IN GENERAL.—The following shall 

9 apply to an operation described in subpara10 graph (A): 

11 ‘‘(I) The number of meals served 

12 to each child in a single meal service 

13 is limited to 2 meals, and the number 

14 of meals in a seven-day period shall be 

15 limited to 10 meals. 

16 ‘‘(II) Any meal served shall meet 

17 the same standards for nutrition, safe18 ty, and quality as a meal served at a 

19 congregate feeding site. 

20 ‘‘(III) Any meal in which a com21 ponent is offered but not served shall 

22 not be reimbursed under subsection (b). 

23 ‘‘(IV) Each State shall give pri24 ority to children who are living where 


lotter on DSK5VPTVN1PROD with BILLS
58 

•HR 5003 RH

1 congregate feeding sites are not acces2 sible. 

3 ‘‘(V) Nothing in this section shall 

4 be construed to allow congregate feed5 ing sites to cease from operating in 

6 order to be replaced by off-site con7 sumption operations under this para8 graph. 

9 ‘‘(VI) A State shall not— 

10 ‘‘(aa) operate an off-site con11 sumption operation simulta12 neously in the same service area 

13 with a congregate feeding site; 

14 ‘‘(bb) use more than 10 per15 cent of funds received for adminis16 trative expenses to carry out this 

17 paragraph; or 

18 ‘‘(cc) implement an off-site 

19 consumption operation in all 

20 service areas in the State. 

21 ‘‘(ii) STATE PLAN.—Each State choos22 ing to provide summer food service program 

23 meals through an off-site consumption oper24 ation under this paragraph shall describe 

25 how the State plans to implement the operVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
59 

•HR 5003 RH

1 ation in the management and administra2 tion plan in subsection (n), which shall in3 clude information on how the State will— 

4 ‘‘(I) document operation, includ5 ing implementation; 

6 ‘‘(II) determine the method for se7 lecting eligible areas and eligible serv8 ice institutions to most effectively de9 liver summer food service program 

10 meals in the manner described in this 

11 paragraph; 

12 ‘‘(III) design mechanisms by 

13 which households with children eligible 

14 to participate in the program could in15 dicate a need for meal service through 

16 such an operation; 

17 ‘‘(IV) develop an appropriate 

18 maintenance of effort requirement for 

19 service institutions currently operating 

20 congregate feeding sites; 

21 ‘‘(V) develop requirements for im22 plementing safety and security meas23 ures to ensure that safety and security 

24 through such an operation is equivaVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
60 

•HR 5003 RH

1 lent to such measures at a congregate 

2 feeding site; and 

3 ‘‘(VI) periodically reevaluate the 

4 potential for children to be served at a 

5 congregate feeding site.’’; 

6 (2) in subsection (k)(3)— 

7 (A) by striking ‘‘(3) To provide’’ and insert8 ing the following: 

9 ‘‘(3) NUTRITIONAL AND FOOD QUALITY MONI10 TORING.— 

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

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

13 ‘‘(B) INSUFFICIENT FUNDS.— 

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

15 under subparagraph (A) are insufficient to 

16 pay for State or local health department in17 spections, and to reinspect facilities and de18 liveries to test meal quality, as required 

19 under this Act or the Child Nutrition Act of 

20 1966 (42 U.S.C. 1771 et seq.), State agen21 cies may elect to use funds described in 

22 paragraph (1) for those activities. 

23 ‘‘(ii) LIMITATION.—Funds described in 

24 clause (i) shall not exceed the lesser of— 

25 ‘‘(I) actual costs; or 


lotter on DSK5VPTVN1PROD with BILLS
61 

•HR 5003 RH

1 ‘‘(II) 1 percent of program 

2 funds.’’; 

3 (3) by amending subsection (n) to read as fol4 lows: 

5 ‘‘(n) STATE PLAN.—Each State desiring to participate 

6 in the program shall notify the Secretary by January 1 

7 of each year of its intent to administer the program and 

8 shall submit, by February 15, a management and adminis9 tration plan for the program for the fiscal year, which shall 

10 include, at a minimum— 

11 ‘‘(1) the State’s administrative budget for the fis12 cal year; and 

13 ‘‘(2) the State’s plans for— 

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

15 State or private funds to reach children with the 

16 greatest need, to the maximum extent prac17 ticable; 

18 ‘‘(B) strengthening the congregate feeding 

19 model for program delivery, including a process 

20 for identifying gaps in service and barriers to 

21 access; 

22 ‘‘(C) administrative and fiscal plans for 

23 using the allowance described in subsection 

24 (a)(10) and, if applicable, the option described 


lotter on DSK5VPTVN1PROD with BILLS
62 

•HR 5003 RH

1 in subsection (a)(11) to assist service institutions 

2 in reaching children with the greatest need; 

3 ‘‘(D) providing technical assistance and 

4 training for eligible service institutions; 

5 ‘‘(E) monitoring and inspecting service in6 stitutions, feeding sites, and food service manage7 ment companies and ensuring that such compa8 nies do not enter into contracts for more meals 

9 than they can provide effectively and efficiently, 

10 and in compliance with the program; 

11 ‘‘(F) timely and effective action against 

12 program violators; and 

13 ‘‘(G) ensuring fiscal integrity by auditing 

14 service institutions not subject to auditing re15 quirements prescribed by the Secretary.’’; and 

16 (4) in subsection (r), by striking ‘‘2015’’ and in17 serting ‘‘2021’’. 

18 SEC. 107. COMMODITY DISTRIBUTION PROGRAM. 

19 Section 14 of the Richard B. Russell National School 

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

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

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

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


lotter on DSK5VPTVN1PROD with BILLS
63 

•HR 5003 RH

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

2 food groups, including’’ and inserting ‘‘include’’; 

3 and 

4 (2) by striking subsection (h). 

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

6 (a) IN GENERAL.—Section 17 of the Richard B. Rus7 sell National School Lunch Act (42 U.S.C. 1766) is amend8 ed— 

9 (1) in subsection (a)— 

10 (A) in paragraph (2)— 

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

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

13 inserting ‘‘if, during the month preceding 

14 the date of submission of the applicable ini15 tial application or reapplication’’; 

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

17 ‘‘and’’ at the end; 

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

19 the period at the end and inserting a semi20 colon; and 

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

22 ‘‘(G) any public or licensed nonprofit pri23 vate residential child care institution (as defined 

24 in subsection (v)(1)) that is not concurrently re25 ceiving reimbursement under the school lunch 


lotter on DSK5VPTVN1PROD with BILLS
64 

•HR 5003 RH

1 program under this Act or the school breakfast 

2 program under the Child Nutrition Act of 1966 

3 (42 U.S.C. 1771 et seq.); and 

4 ‘‘(H) any boarding school funded by the Bu5 reau of Indian Education that is not concur6 rently receiving reimbursements under such 

7 school lunch program or school breakfast pro8 gram.’’; and 

9 (B) in paragraph (3), by striking ‘‘sub10 section (r)’’ and inserting ‘‘subsections (r) and 

11 (v)’’; and 

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

13 ‘‘(7) DURATION OF DETERMINATION.—With re14 spect to an institution described in paragraph (2)(B), 

15 an eligibility determination under this subsection 

16 shall remain in effect for a period of 4 months after 

17 the date such institution is approved by the State 

18 under subsection (d).’’; 

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

20 year ending September 30, 1979, and for each subse21 quent fiscal year, the’’ and inserting ‘‘The’’; 

22 (3) in subsection (d)— 

23 (A) in paragraph (4)— 

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

25 inserting the following: 


lotter on DSK5VPTVN1PROD with BILLS
65 

•HR 5003 RH

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

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

3 ‘‘(B) REPORTS.—Each sponsoring organiza4 tion shall, on an annual basis, submit to the ap5 plicable State agency a report that describes, 

6 with respect to the preceding fiscal year— 

7 ‘‘(i) the expenditures of program funds 

8 by the sponsoring organization; and 

9 ‘‘(ii) the amount of meal reimburse10 ments retained by the sponsoring organiza11 tion for administrative costs, if applica12 ble.’’; and 

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

14 the following: 

15 ‘‘(F) SERIOUS DEFICIENCY PROCESS.— 

16 ‘‘(i) IN GENERAL.—Not later than 1 

17 year after the date of the enactment of the 

18 Improving Child Nutrition and Education 

19 Act of 2016, the Secretary shall review the 

20 serious deficiency process for the program 

21 under this section. 

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

23 (i), the Secretary shall review the processes 

24 for, and those involved in— 


lotter on DSK5VPTVN1PROD with BILLS
66 

•HR 5003 RH

1 ‘‘(I) a finding of serious defi2 ciency, including— 

3 ‘‘(aa) what measures auto4 matically result in a finding of 

5 serious deficiency; and 

6 ‘‘(bb) how differentiation is 

7 being made between— 

8 ‘‘(AA) a reasonable 

9 margin of human error and 

10 systematic or intentional 

11 noncompliance; and 

12 ‘‘(BB) State-specific re13 quirements and Federal law 

14 and regulations, if applica15 ble; 

16 ‘‘(II) appeals and mediation in 

17 any case in which there is a finding of 

18 serious deficiency; 

19 ‘‘(III) determining the cir20 cumstances under which a corrective 

21 action plan is acceptable; 

22 ‘‘(IV) information sharing be23 tween Departments of Agriculture and 

24 Health and Human Services; and 


lotter on DSK5VPTVN1PROD with BILLS
67 

•HR 5003 RH

1 ‘‘(V) termination and disquali2 fication, including maintenance of the 

3 list under subparagraph (E). 

4 ‘‘(iii) GUIDANCE AND REGULATIONS.— 

5 ‘‘(I) IN GENERAL.—After con6 ducting the review under this subpara7 graph, the Secretary shall use findings 

8 from such review to assist sponsoring 

9 organizations, State agencies, and the 

10 Food and Nutrition Service in ensur11 ing a fair, uniform, and effective ad12 ministration of the serious deficiency 

13 process, while retaining program integ14 rity, by issuing guidance, and, as ap15 propriate, regulations, on the fol16 lowing: 

17 ‘‘(aa) Clarity on the different 

18 measures for noncompliance. 

19 ‘‘(bb) Parameters for an ap20 peals process to review a finding 

21 of serious deficiency or a deter22 mination that a corrective action 

23 plan is inadequate. 

24 ‘‘(cc) Adequate timeframes 

25 under a corrective action plan for 


lotter on DSK5VPTVN1PROD with BILLS
68 

•HR 5003 RH

1 compliance that are consistent for 

2 all types of institutions partici3 pating in the program, including 

4 family or group day care homes. 

5 ‘‘(II) INFORMATION SHARING.— 

6 Within such guidance or regulation, 

7 and as soon as practicable, the Sec8 retary shall ensure information about 

9 findings are shared with the Secretary 

10 of Health and Human Services as to 

11 allow for maximum health, safety, 

12 oversight, and monitoring of partici13 pating child care and Head Start fa14 cilities.’’; 

15 (4) in subsection (f)— 

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

17 end the following: 

18 ‘‘(iii) CARRYOVER FUNDS.—Not more 

19 than 10 percent of the amount reserved by 

20 sponsoring organizations under clause (i) 

21 for administrative expenses for a fiscal year 

22 may remain available for obligation or ex23 penditure in the succeeding fiscal year for 

24 administrative purposes.’’; and 

25 (B) in paragraph (3)— 


lotter on DSK5VPTVN1PROD with BILLS
69 

•HR 5003 RH

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

2 (ii) by redesignating subparagraphs 

3 (D) and (E) as subparagraphs (C) and (D), 

4 respectively; 

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

6 and inserting the following: 

7 ‘‘(6) USE OF DONATED FOODS.—To the max8 imum extent practicable, each institution shall use in 

9 its food service foods that are donated by the Sec10 retary.’’; 

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

12 following: 

13 ‘‘(E) ENGAGEMENT WITH STATE AND LOCAL

14 AGENCIES.— 

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

16 (ii), institutions participating in the pro17 gram under this section may engage with 

18 State agencies and local educational agen19 cies to use existing infrastructure to en20 hance the use of, and increase access to, do21 nated commodities. 

22 ‘‘(ii) EFFECT OF SUBPARAGRAPH.— 

23 Nothing in this subparagraph shall compel 

24 a local educational agency unwillingly to 


lotter on DSK5VPTVN1PROD with BILLS
70 

•HR 5003 RH

1 serve any institution participating in the 

2 program under this section.’’; 

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

4 State agency demonstrates’’ and all that follows 

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

6 State agency demonstrates that the State agency can 

7 use funds to improve program management, oversight, 

8 and integrity, including by working with other State 

9 agencies involved with the monitoring of institutions 

10 under this section in order to streamline and coordi11 nate the efforts of such State agencies.’’; 

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

13 and (6); 

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

15 of enrolled children at enrollment’’ and inserting 

16 ‘‘parents or legal guardians of enrolled children in an 

17 easily accessible manner’’; 

18 (10) in subsection (u)(3)— 

19 (A) in subparagraph (C)(i), by inserting 

20 ‘‘for distribution to participants and families of 

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

22 (B) in subparagraph (H), by adding at the 

23 end the following: 


lotter on DSK5VPTVN1PROD with BILLS
71 

•HR 5003 RH

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

2 return to the general fund of the Treasury 

3 any funds that were— 

4 ‘‘(I) made available under this 

5 subparagraph; and 

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

7 of the enactment of the Improving 

8 Child Nutrition and Education Act of 

9 2016.’’; and 

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

11 ‘‘(v) PARTICIPATION BY RESIDENTIAL CHILD CARE IN12 STITUTIONS.— 

13 ‘‘(1) DEFINITION OF RESIDENTIAL CHILD CARE

14 INSTITUTION.—In this subsection, the term ‘residen15 tial child care institution’ means any public or non16 profit private residential child care institution, or 

17 distinct part of such an institution, that— 

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

19 children; and 

20 ‘‘(B) if private, is licensed to provide resi21 dential child care services under the appropriate 

22 licensing code by the State or local agency. 

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

24 provided in this subsection, a residential child care 

25 institution shall be considered eligible for reimburseVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
72 

•HR 5003 RH

1 ment for meals and supplements served to eligible 

2 children residing at the residential child care institu3 tion, so long as the institution does not simulta4 neously participate in the school lunch program 

5 under this Act or the school breakfast program under 

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

7 seq.). 

8 ‘‘(3) MEAL OR SUPPLEMENT REIMBURSEMENT.— 

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

10 care institution may claim reimbursement under 

11 this section— 

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

13 served to children residing at the residential 

14 child care institution, who are— 

15 ‘‘(I) not more than 18 years of 

16 age; or 

17 ‘‘(II) children with disabilities; 

18 and 

19 ‘‘(ii) for not more than— 

20 ‘‘(I) 1 breakfast, 1 lunch, and 1 

21 supplement per child per day; or 

22 ‘‘(II) 1 breakfast, 1 supper, and 1 

23 supplement per child per day. 

24 ‘‘(B) RATE.—A meal or supplement eligible 

25 for reimbursement under this subsection shall be 


lotter on DSK5VPTVN1PROD with BILLS
73 

•HR 5003 RH

1 reimbursed at the rate at which free, reduced 

2 price, and paid meals and supplements, respec3 tively, are reimbursed under subsection (c).’’. 

4 (b) ADVISORY COMMITTEE.— 

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

6 the date of the enactment of this Act, the Secretary 

7 shall establish and convene an advisory committee— 

8 (A) to examine the feasibility of reducing 

9 unnecessary or duplicative paperwork resulting 

10 from regulations and recordkeeping require11 ments, including paperwork resulting from addi12 tional State requirements, for individuals and 

13 entities participating or seeking to participate 

14 in the child and adult care food program under 

15 section 17 of the Richard B. Russell National 

16 School Lunch Act (42 U.S.C. 1766) (as amended 

17 by subsection (a)), including (within the mean18 ing of that Act (42 U.S.C. 1751 et seq.))— 

19 (i) State agencies; 

20 (ii) family child care homes; 

21 (iii) child care centers; 

22 (iv) sponsoring organizations; and 

23 (v) families. 

24 (B) to provide recommendations to reduce 

25 unnecessary or duplicative paperwork for those 


lotter on DSK5VPTVN1PROD with BILLS
74 

•HR 5003 RH

1 program participants while ensuring that proper 

2 accountability and program integrity are main3 tained. 

4 (2) REPRESENTATION.—The advisory committee 

5 under this subsection shall include representation 

6 from each of the following (within the meaning of the 

7 Richard B. Russell National School Lunch Act (42 

8 U.S.C. 1751 et seq.), as applicable): 

9 (A) Public and private nonprofit organiza10 tions. 

11 (B) Home-based day care providers. 

12 (C) Head Start centers. 

13 (D) For-profit proprietary organizations. 

14 (E) Shelters for homeless families. 

15 (F) Adult day care centers. 

16 (G) State agencies. 

17 (H) Sponsor organizations that provide ad18 ministrative support to multiple providers. 

19 (3) CONSIDERATIONS.—In developing the rec20 ommendations under this subsection, the advisory 

21 committee shall take into consideration, as appro22 priate— 

23 (A) any existing information, recommenda24 tions, and reports from the paperwork reduction 

25 work group convened by the Food and Nutrition 


lotter on DSK5VPTVN1PROD with BILLS
75 

•HR 5003 RH

1 Service in response to section 119(i) of the Child 

2 Nutrition and WIC Reauthorization Act of 2004 

3 (42 U.S.C. 1766 note; 118 Stat. 755); 

4 (B) the use of technology for electronic rec5 ordkeeping to reduce paperwork burdens on pro6 gram participants and providers; and 

7 (C) input from additional advocates and 

8 stakeholders for a broader knowledge base, if the 

9 advisory committee determines necessary. 

10 (4) SECRETARIAL ACTION.— 

11 (A) GUIDANCE OR REGULATIONS.— 

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

13 after the date of the enactment of this Act, 

14 the Secretary shall issue guidance or regula15 tions, as appropriate, based on the rec16 ommendations of the advisory committee 

17 under paragraph (1) regarding streamlined 

18 and consolidated paperwork and record19 keeping requirements, including applica20 tions, monitoring and auditing require21 ments, and any other areas recommended 

22 by the advisory committee intended to re23 duce administrative burden. 

24 (ii) IMPLEMENTATION.—Not later than 

25 18 months after the date of the enactment of 


lotter on DSK5VPTVN1PROD with BILLS
76 

•HR 5003 RH

1 this Act, the Secretary shall implement any 

2 changes resulting from the guidance or reg3 ulations described in clause (i). 

4 (B) REPORT.—After issuing any guidance 

5 or regulations under subparagraph (A), the Sec6 retary shall submit to the Committee on Agri7 culture, Nutrition, and Forestry of the Senate 

8 and the Committee on Education and the Work9 force of the House of Representatives a report de10 scribing any recommendations for legislative 

11 changes to further strengthen and streamline the 

12 application and monitoring process and reduce 

13 administrative burden on grantees, participants, 

14 local and State governments, and the Federal 

15 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 (g), (h), (j), and (k); 

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

21 (g); 

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

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

24 through 2021’’; 


lotter on DSK5VPTVN1PROD with BILLS
77 

•HR 5003 RH

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 a 

6 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 assistance, 

10 and research to implement farm to school programs 

11 that improve access to local foods and improve nutri12 tion education in eligible schools. 

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

14 ‘‘(A) AGRICULTURAL PRODUCER.—The term 

15 ‘agricultural producer’ means a farmer, rancher, 

16 or fisher (including of farm-raised fish). 

17 ‘‘(B) ELIGIBLE SCHOOL.—The term ‘eligible 

18 school’ means a school or institution that par19 ticipates in— 

20 ‘‘(i) a program under this Act, includ21 ing the summer food service program for 

22 children under section 13 and the early care 

23 and afterschool portions of the child and 

24 adult care food program under section 17; 

25 or 


lotter on DSK5VPTVN1PROD with BILLS
78 

•HR 5003 RH

1 ‘‘(ii) the school breakfast program es2 tablished under section 4 of the Child Nutri3 tion Act of 1966 (42 U.S.C. 1773). 

4 ‘‘(3) GRANTS.— 

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

6 award competitive grants under this subsection 

7 to be used for implementing farm to school pro8 grams for the purposes of improving access to 

9 local foods and improving nutrition education, 

10 through— 

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

12 assistance; 

13 ‘‘(ii) supporting operations; 

14 ‘‘(iii) planning; 

15 ‘‘(iv) purchasing equipment; 

16 ‘‘(v) developing school gardens; and 

17 ‘‘(vi) developing partnerships to facili18 tate nutrition education and healthy eating. 

19 ‘‘(B) REGIONAL BALANCE.—In making 

20 awards under this subsection, the Secretary 

21 shall, to the maximum extent practicable, en22 sure— 

23 ‘‘(i) geographical diversity; and 

24 ‘‘(ii) equitable treatment of urban, 

25 rural, and tribal communities. 


lotter on DSK5VPTVN1PROD with BILLS
79 

•HR 5003 RH

1 ‘‘(C) IMPROVED PROCUREMENT AND DIS2 TRIBUTION.—Funds provided under this sub3 section may be used to improve local food pro4 curement and distribution options between agri5 cultural producers and eligible schools, including 

6 innovative approaches to aggregation, processing, 

7 transportation, and distribution. 

8 ‘‘(D) AWARDS.— 

9 ‘‘(i) MAXIMUM AMOUNT.—The total 

10 amount provided to a grant recipient under 

11 this subsection shall not exceed $150,000. 

12 ‘‘(ii) TERM.—The term of an award 

13 shall not exceed 3 years. 

14 ‘‘(iii) LIMITATION.—The Secretary 

15 shall not award any entity more than 1 

16 grant at any given time. 

17 ‘‘(iv) PURPOSE AND SCOPE.—In car18 rying out this subsection, the Secretary 

19 shall make awards of diverse amounts and 

20 duration so as to best match a variety of 

21 purposes, scopes, and needs of the project 

22 proposals. 

23 ‘‘(E) LIMITATION.—The Secretary shall not 

24 award a grant under this subsection if the maVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
80 

•HR 5003 RH

1 jority of grant funds would be used solely for the 

2 purpose of carrying out a conference. 

3 ‘‘(4) FEDERAL SHARE.— 

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

5 costs for a project funded through a grant 

6 awarded under this subsection shall not exceed 

7 75 percent of the total cost of the project. 

8 ‘‘(B) FEDERAL MATCHING.—As a condition 

9 of receiving a grant under this subsection, a 

10 grant recipient shall provide matching support 

11 in the form of cash or in-kind contributions, in12 cluding facilities, equipment, or services provided 

13 by State and local governments, nonprofit orga14 nizations, and private sources. 

15 ‘‘(5) CRITERIA FOR SELECTION.— 

16 ‘‘(A) IN GENERAL.—To the maximum ex17 tent practicable, in providing assistance under 

18 this subsection, the Secretary shall give priority 

19 to proposals to— 

20 ‘‘(i) serve a high proportion of children 

21 who are eligible for free or reduced price 

22 meals; 

23 ‘‘(ii) incorporate nutrition education 

24 activities that encourage the participation 


lotter on DSK5VPTVN1PROD with BILLS
81 

•HR 5003 RH

1 of school children in farm and garden-based 

2 agricultural education activities; 

3 ‘‘(iii) provide families the opportunity 

4 to participate in educational programming, 

5 including through materials and engage6 ment activities, to improve nutrition out7 side the school environment; 

8 ‘‘(iv) demonstrate collaboration be9 tween eligible schools, nongovernmental and 

10 community-based organizations, agricul11 tural producer groups, and other commu12 nity partners; 

13 ‘‘(v) make local food products available 

14 on the menu of reimbursable meals under 

15 this Act at the eligible school; 

16 ‘‘(vi) demonstrate the potential for 

17 long-term program sustainability with non18 Federal funds; and 

19 ‘‘(vii) expand the selection of local 

20 commodities available for eligible schools. 

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

22 the case of projects serving tribal communities, 

23 the Secretary shall, to the maximum extent prac24 ticable, give highest priority to projects that pro25 pose to use products from tribal agricultural proVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
82 

•HR 5003 RH

1 ducers, in addition to the priorities under sub2 paragraph (A). 

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

4 grant under this subsection, each grant recipient shall 

5 agree to cooperate in an evaluation of the program by 

6 the Secretary. 

7 ‘‘(7) TECHNICAL ASSISTANCE AND RESEARCH.— 

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

9 provide technical assistance, research, and infor10 mation through amounts reserved under this sub11 section for such purposes, to assist schools, State 

12 and local agencies, Indian tribal organizations, 

13 agricultural producers, and nonprofit entities— 

14 ‘‘(i) to facilitate the coordination and 

15 sharing of information and resources that 

16 may be applicable to the farm to school pro17 gram; 

18 ‘‘(ii) to collect and share information 

19 on best practices; 

20 ‘‘(iii) to disseminate research and data 

21 on existing farm to school programs and the 

22 potential for programs to begin in under23 served areas; and 

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

25 participation in, farm to school programs 


lotter on DSK5VPTVN1PROD with BILLS
83 

•HR 5003 RH

1 among agricultural and aquiculture pro2 ducers or agricultural producer groups, in3 cluding beginning, veteran, and socially dis4 advantaged farmers and ranchers. 

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

6 the date of the enactment of the Improving Child 

7 Nutrition and Education Act of 2016 and every 

8 3 years thereafter, the Secretary shall review and 

9 submit to the Committee on Agriculture and the 

10 Committee on Education and the Workforce of 

11 the House of Representatives and the Committee 

12 on Agriculture, Nutrition, and Forestry of the 

13 Senate a report that describes the regulatory and 

14 other barriers related to including locally or re15 gionally produced food products in school food 

16 programs, including any progress that has been 

17 made in identifying and eliminating such bar18 riers through examining— 

19 ‘‘(i) barriers to the development and 

20 implementation of successful farm to school 

21 programs; 

22 ‘‘(ii) the direct and indirect costs af23 fecting the production and marketing of lo24 cally or regionally produced agricultural 

25 food products for school food programs; 


lotter on DSK5VPTVN1PROD with BILLS
84 

•HR 5003 RH

1 ‘‘(iii) the costs local school food pro2 grams incur by acquiring such local foods 

3 for school meal programs in comparison to 

4 the costs for other foods in such school meal 

5 programs; and 

6 ‘‘(iv) local and regional market access 

7 for such food products, partnerships, small8 scale production, and any barriers to and 

9 long-term feasibility of such access. 

10 ‘‘(8) FUNDING.— 

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

12 and each October 1 thereafter, out of any funds 

13 in the Treasury not otherwise appropriated, the 

14 Secretary of the Treasury shall transfer to the 

15 Secretary to carry out this subsection 

16 $10,000,000, to remain available until expended. 

17 ‘‘(B) RECEIPT AND ACCEPTANCE.—The Sec18 retary shall be entitled to receive, shall accept, 

19 and shall use to carry out this subsection the 

20 funds transferred under subparagraph (A), with21 out further appropriation. 

22 ‘‘(C) ADMINISTRATION.—Of the funds made 

23 available to the Secretary under subparagraph 

24 (A), not more than 5 percent may be used to pay 

25 administrative costs incurred by the Secretary in 


lotter on DSK5VPTVN1PROD with BILLS
85 

•HR 5003 RH

1 carrying out this subsection and evaluating the 

2 program in accordance with paragraph (6). 

3 ‘‘(e) SUMMER MEAL SERVICE THROUGH BUSINESS

4 PARTNERSHIP.— 

5 ‘‘(1) IN GENERAL.—From the funds made avail6 able under the summer food service program under 

7 section 13, the Secretary shall award grants on a 

8 competitive basis to not more than 4 State agencies 

9 to improve delivery of such summer food service pro10 gram for low-income children in underserved areas 

11 during the summer through sustainable, scalable, 

12 business-driven solutions. 

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

14 this subsection shall be for a period of not more 

15 than 3 years. 

16 ‘‘(B) PRIORITY.—In awarding grants under 

17 this subsection, the Secretary shall give priority 

18 to State agencies that have met the application 

19 requirements under this subsection and which 

20 demonstrate a severe unmet need for serving chil21 dren in additional eligible areas in the State 

22 through the summer food service program under 

23 section 13. 

24 ‘‘(C) LIMITATION.—Funds under this sub25 section will— 


lotter on DSK5VPTVN1PROD with BILLS
86 

•HR 5003 RH

1 ‘‘(i) be awarded for the purpose of re2 ducing childhood hunger and allowing par3 ents to better participate in the labor force 

4 or an education or workforce development 

5 program; and 

6 ‘‘(ii) not preempt or prevent operation 

7 of the summer food service program under 

8 section 13. 

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

10 improve delivery of the summer food service program 

11 in such State in accordance with this subsection shall 

12 submit an application at such time and in such man13 ner as the Secretary may reasonably require. The ap14 plication shall contain— 

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

16 the program in accordance with other applicable 

17 Federal requirements under this Act; 

18 ‘‘(B) a determination of the eligible areas in 

19 the State in which poor economic conditions 

20 exist in accordance with the program, but where 

21 an eligible service institution is not currently in 

22 operation, where the State may reimburse a ven23 dor; 


lotter on DSK5VPTVN1PROD with BILLS
87 

•HR 5003 RH

1 ‘‘(C) identified eligible vendors which the 

2 State has determined to be qualified to provide 

3 meals in accordance with this subsection; 

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

5 contracts with eligible vendors and strategies for 

6 effective communication; and 

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

8 to provide meals to the most vulnerable, under9 served, and rural populations, as determined by 

10 the State. 

11 ‘‘(3) ELIGIBLE VENDOR.—For purposes of this 

12 subsection, an eligible vendor is a food vendor which 

13 the State determines has the administrative capacity 

14 and proven operating performance to provide eligible 

15 meals to children in underserved areas in accordance 

16 with this subsection and the summer food service pro17 gram requirements on management responsibilities of 

18 sponsors and self-preparation sites, including require19 ments that the vendor— 

20 ‘‘(A) accepts final administrative and fi21 nancial responsibility for management of an ef22 fective food service, including auditing and re23 porting responsibilities, but will not receive ad24 ministrative funding from the State to do so; 


lotter on DSK5VPTVN1PROD with BILLS
88 

•HR 5003 RH

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

2 participate in any other program under this Act 

3 or the Child Nutrition Act of 1966 by reason of 

4 violation of the requirements of that program; 

5 ‘‘(C) will provide adequate supervisory and 

6 operational personnel for monitoring and man7 agement of a self-preparation site; 

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

9 sponsor; 

10 ‘‘(E) ensures that meals are inspected peri11 odically as required under existing program reg12 ulations; 

13 ‘‘(F) participates in applicable State and 

14 Federal reporting and auditing requirements 

15 under this Act as appropriate, including to pro16 vide other information determined relevant by 

17 the Secretary in accordance with paragraph (5); 

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

19 for the facilities in which meals will be prepared 

20 and distributed for use in the program, and en21 sures that State and local health and sanitation 

22 requirements are met at all times; and 

23 ‘‘(H) has the organizational capacity to 

24 offer meals in underserved communities, includ25 ing preparation and delivery logistics. 


lotter on DSK5VPTVN1PROD with BILLS
89 

•HR 5003 RH

1 ‘‘(4) STATE DISBURSEMENT.—A State shall use 

2 the grant awarded to the State under this subsection 

3 to reimburse an eligible vendor for meals served to eli4 gible children in accordance with the summer food 

5 service program under section 13 and with this sub6 section, as follows: 

7 ‘‘(A) Reimbursements shall be available for 

8 an eligible vendor operating in an eligible area 

9 in which poor economic conditions exist where 

10 no sponsor is currently operating the program 

11 under section 13. 

12 ‘‘(B) To the extent practicable, a State shall 

13 give priority to eligible vendors that— 

14 ‘‘(i) demonstrate partnerships with en15 tities providing summer enrichment activi16 ties such as schools, local government agen17 cies, and nonprofit agencies; and 

18 ‘‘(ii) provide meals at a congregate 

19 site. 

20 ‘‘(C) A State shall follow established proce21 dures in entering into contracts with a vendor, 

22 such as through a Request for Proposal, Invita23 tion for Sealed Bid, Small Purchase Procedure, 

24 or other common method. 

25 ‘‘(5) AUDITING.— 


lotter on DSK5VPTVN1PROD with BILLS
90 

•HR 5003 RH

1 ‘‘(A) STATE REPORTING.—Not later than 1 

2 year after the end of the grant period for a grant 

3 awarded to a State under this subsection, the 

4 State shall submit to the Secretary a report on— 

5 ‘‘(i) the activities carried out with such 

6 grant; and 

7 ‘‘(ii) the impacts of such activities on 

8 children, families, and eligible service insti9 tutions during the summer. 

10 ‘‘(B) REPORT FROM SECRETARY.—No later 

11 than 4 years after the first grant is awarded 

12 under this subsection, the Secretary shall provide 

13 to the Committee on Education and the Work14 force of the House of Representatives and the 

15 Committee on Agriculture, Nutrition, and For16 estry of the Senate a report on the grant pro17 gram under this subsection, which shall in18 clude— 

19 ‘‘(i) a review of information submitted 

20 by States under subparagraph (A); and 

21 ‘‘(ii) best practices on reducing child22 hood hunger in the summer months. 

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

24 apply with respect to this subsection: 


lotter on DSK5VPTVN1PROD with BILLS
91 

•HR 5003 RH

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

2 businesses or vendors under this subsection. 

3 ‘‘(B) Vendors shall assume all administra4 tive costs under this subsection. 

5 ‘‘(C) Meals shall be provided to children eli6 gible for the summer food service program under 

7 section 13. 

8 ‘‘(D) A vendor receiving reimbursements 

9 shall not profit directly from such reimburse10 ments under this subsection. 

11 ‘‘(E) The Secretary shall include payments 

12 to States under this subsection in its calculations 

13 for administrative costs incurred by States under 

14 subsection (k)(1) of section 13. 

15 ‘‘(f) SUMMER ELECTRONIC BENEFIT TRANSFER FOR

16 CHILDREN.— 

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

18 electronic benefits provided through this subsection 

19 are to assess the use of alternate methods of providing 

20 access to food for children during the summer months 

21 when school is not in regular session that are in22 tended to— 

23 ‘‘(A) increase summer food service program 

24 effectiveness and efficiency; 


lotter on DSK5VPTVN1PROD with BILLS
92 

•HR 5003 RH

1 ‘‘(B) reduce or eliminate the food insecurity 

2 and hunger of children; and 

3 ‘‘(C) improve the nutritional status of chil4 dren. 

5 ‘‘(2) DEMONSTRATION.— 

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

7 date of enactment of the Improving Child Nutri8 tion and Education Act of 2016, is operating, or 

9 has operated, a summer electronic benefit trans10 fer for children demonstration may elect to con11 tinue operating such demonstration in accord12 ance with the requirements of this subsection as 

13 an alternative to other delivery models of pro14 viding meals to children during the summer 

15 months when school is not in regular session. 

16 ‘‘(B) STATE REQUIREMENTS.—As a condi17 tion of participating in the demonstration under 

18 this subsection, a State shall— 

19 ‘‘(i) comply with the requirements 

20 under this subsection; and 

21 ‘‘(ii) agree to provide such information 

22 the Secretary may require for the evalua23 tion of the demonstration as required under 

24 this subsection. 

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


lotter on DSK5VPTVN1PROD with BILLS
93 

•HR 5003 RH

1 ‘‘(A) ELIGIBLE HOUSEHOLD.—The term ‘el2 igible household’ means a household that includes 

3 1 or more school-aged child determined as eligi4 ble to receive free or reduced price school meals 

5 during the prior school year, but such child is 

6 not participating in a program that provides 

7 food during the summer through the summer 

8 food service program under section 13. 

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

10 tribal entity. 

11 ‘‘(C) SUMMER ELECTRONIC BENEFIT TRANS12 FER FOR CHILDREN DEMONSTRATION.—The term 

13 ‘summer electronic benefit transfer for children 

14 demonstration’ means an electronic benefit 

15 transfer demonstration project under section 

16 748(g)(1) of the Agriculture, Rural Development, 

17 Food and Drug Administration, and Related 

18 Appropriations Act, 2010 (Public Law 111–80; 

19 123 Stat. 2132). 

20 ‘‘(4) BENEFIT LEVELS.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall ap22 prove States seeking to make an election under 

23 paragraph (2)(A) that will evaluate the impact 

24 of providing a variety of differentiated benefit 

25 levels to eligible children as a way to reach such 


lotter on DSK5VPTVN1PROD with BILLS
94 

•HR 5003 RH

1 children to the greatest extent practicable. The 

2 values of such benefits shall be determined by the 

3 State, but shall be between $15 and $30 per 

4 month for each school-aged child in an eligible 

5 household. 

6 ‘‘(B) RATE DETERMINATION.—In deter7 mining the values under subparagraph (A), a 

8 State may consider differentiating rates based on 

9 the need for such benefits, which may be deter10 mined through factors such as— 

11 ‘‘(i) the proportion of applicants that 

12 are eligible for free price meals; 

13 ‘‘(ii) total number of households and 

14 children seeking to participate; 

15 ‘‘(iii) food security in children across 

16 communities in such State; 

17 ‘‘(iv) average redemption rates of bene18 fits; 

19 ‘‘(v) impact of such values at improv20 ing food security in children; 

21 ‘‘(vi) availability of other community 

22 programs that provide meals to children 

23 during the summer months when school is 

24 not in regular session where children might 

25 otherwise receive nutrition assistance; and 


lotter on DSK5VPTVN1PROD with BILLS
95 

•HR 5003 RH

1 ‘‘(vii) any other information a State 

2 determines is useful for determining such 

3 rates. 

4 ‘‘(C) LIMITATIONS.— 

5 ‘‘(i) TIME.—No child may receive more 

6 than 3 months of benefits under this para7 graph in any 12-month period. 

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

9 more than $30 of benefits under this para10 graph per month. 

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

12 paragraph shall be construed to prohibit States 

13 or local entities from providing additional non14 Federal resources for the purposes of this sub15 section. 

16 ‘‘(5) EFFECTIVE IMPLEMENTATION.— 

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

18 subsection and providing benefits to children in 

19 accordance with this subsection, a State shall 

20 consider previous State experiences and best 

21 practices in implementing the summer electronic 

22 benefit transfer for children demonstration car23 ried out before the date of enactment of the Im24 proving Child Nutrition and Education Act of 

25 2016, including information evaluating findings 


lotter on DSK5VPTVN1PROD with BILLS
96 

•HR 5003 RH

1 of the demonstration (including the 2013 final 

2 report published by the Department of Agri3 culture). 

4 ‘‘(B) TECHNICAL ASSISTANCE.—The Sec5 retary shall provide, and periodically update, 

6 technical assistance to States for purposes of this 

7 paragraph. 

8 ‘‘(6) USE OF BENEFITS.— 

9 ‘‘(A) IN GENERAL.—Benefits issued to fami10 lies through the election under paragraph (2)(A) 

11 may be used only for the purchase of food for 

12 consumption by school-aged children in such 

13 family. 

14 ‘‘(B) TIMING.—Benefits issued through the 

15 election described in this subparagraph may be 

16 redeemed only when school is out of session for 

17 the summer period. 

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

19 subsection, the State shall— 

20 ‘‘(A) ensure that benefits are issued only to 

21 eligible households that live— 

22 ‘‘(i) in areas with high rates of poverty 

23 or long-term poverty that are rural and 

24 have no congregate feeding sites or access to 

25 meals otherwise provided through the sumVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
97 

•HR 5003 RH

1 mer food service program authorized under 

2 section 13; or 

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

4 economic conditions exist but in an area 

5 with no access to meals otherwise provided 

6 through the summer food service program 

7 authorized under section 13; 

8 ‘‘(B) issue benefits to eligible households 

9 only after such household has made an oral or 

10 written request to receive electronic benefit trans11 fer benefits under this subsection; and 

12 ‘‘(C) document how the election will be ad13 ministered in the management and administra14 tion plan described in subsection (n), including 

15 the process for identifying areas in which bene16 fits will be issued. 

17 ‘‘(8) EVALUATION.—The Secretary shall provide 

18 for an ongoing, independent evaluation of the dem19 onstration carried out under this subsection, includ20 ing quasi-experimental or other methods that are ca21 pable of producing scientifically valid information to 

22 determine effectiveness in achieving the purposes de23 scribed in paragraph (1), including examining or as24 sessing— 


lotter on DSK5VPTVN1PROD with BILLS
98 

•HR 5003 RH

1 ‘‘(A) feasibility of, or barriers to, successful 

2 implementation of this subsection; 

3 ‘‘(B) varied approaches in State implemen4 tation of this subsection, including different ap5 proaches, challenges, and lessons learned; 

6 ‘‘(C) specific levels of use and receipt of ben7 efits; 

8 ‘‘(D) impact on children’s food security and 

9 nutritional impacts, including by the different 

10 impacts on children in a variety of geographical 

11 areas such as rural, urban, and suburban areas, 

12 localities, and States; 

13 ‘‘(E) total cost (including administrative 

14 cost) of implementing and operating this sub15 section, including in comparison to other meth16 ods of providing summer meal service to school17 aged children; 

18 ‘‘(F) impacts and results of such evaluation 

19 in comparison to evaluations of the summer elec20 tronic benefits transfer for children demonstra21 tion published by the Secretary of Agriculture; 

22 and 

23 ‘‘(G) the potential for benefits provided 

24 under this subsection to improve effectiveness 

25 and efficiency of the summer food service proVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
99 

•HR 5003 RH

1 gram in comparison to other methods of pro2 viding summer meal service to school-aged chil3 dren. 

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

5 amounts are first appropriated under paragraph 

6 (10), and each year thereafter, the Secretary shall 

7 submit to Congress a report that— 

8 ‘‘(A) includes the information resulting 

9 from the most recent evaluation under para10 graph (8); and 

11 ‘‘(B) takes into consideration evaluations of 

12 the summer electronic benefits transfer for chil13 dren demonstration published by the Secretary of 

14 Agriculture. 

15 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 

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

17 be appropriated to carry out this subsection not 

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

19 2018 through 2020, to remain available until ex20 pended. 

21 ‘‘(B) LIMITATIONS.—Of such appropria22 tions, for each fiscal year— 

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

24 for administrative funds that shall be equal 

25 to the levels necessary to effectively and effiVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
100 

•HR 5003 RH

1 ciently administer the State’s demonstra2 tion under this subsection, as determined by 

3 the State; 

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

5 spent on administrative funds by the Sec6 retary; and 

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

8 available for the Secretary to comply with 

9 paragraph (8). 

10 ‘‘(11) GUIDANCE.—Not later than December 31, 

11 2016, the Secretary shall provide guidance to States 

12 to implement this subsection, including recommenda13 tions for States to successfully continue to implement 

14 the summer electronic benefit transfer for children 

15 demonstration while complying with the new or addi16 tional requirements of this subsection.’’; and 

17 (5) by adding at the end the following: 

18 ‘‘(h) STATE ADMINISTRATION OF CHILD NUTRITION

19 PROGRAMS.— 

20 ‘‘(1) PURPOSES.—The purposes of this subsection 

21 are to provide States flexibility to develop programs 

22 and policies to best meet the nutritional needs of 

23 school-aged children in the State by providing flexi24 bility over school meal programs under this Act and 

25 section 4 of the Child Nutrition Act of 1966 (42 


lotter on DSK5VPTVN1PROD with BILLS
101 

•HR 5003 RH

1 U.S.C. 1773) and other programs to address such 

2 needs more effectively and efficiently with less Federal 

3 involvement, including by— 

4 ‘‘(A) removing duplication, redundancies, 

5 regulatory burden, and unnecessary requirements 

6 resulting from the Federal administration of the 

7 school meal programs; 

8 ‘‘(B) more efficiently using Federal, State, 

9 local, and nongovernmental resources to strength10 en delivery of the school meal programs and 

11 other programs; and 

12 ‘‘(C) supporting healthy meals through in13 volvement by parents, family members, and the 

14 community, including nonprofit organizations, 

15 health organizations, and school officials from 

16 large and small urban, suburban, and rural 

17 areas in the State. 

18 ‘‘(2) GRANTS AUTHORIZED.— 

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

20 award grants, on a competitive basis, to up to 

21 3 States to enable the States to carry out the ac22 tivities described in this subsection. 

23 ‘‘(B) CONSIDERATIONS.—In awarding 

24 grants under this subsection, the Secretary 

25 shall— 


lotter on DSK5VPTVN1PROD with BILLS
102 

•HR 5003 RH

1 ‘‘(i) in a case in which more than 3 

2 States apply for a grant under this sub3 section, give priority to States by taking 

4 into consideration regional diversity; and 

5 ‘‘(ii) ensure each State awarded a 

6 grant under this subsection meets the re7 quired assurances under paragraph (3)(D), 

8 except that the Secretary shall not approve 

9 or disapprove an application on the basis of 

10 a State’s plan or proposed program. 

11 ‘‘(C) DURATION OF GRANTS.—A grant to a 

12 State under this subsection— 

13 ‘‘(i) shall be awarded to the State for 

14 a 3-year period; and 

15 ‘‘(ii) may be renewed by the Secretary 

16 for an additional 3-year period if the State 

17 can demonstrate success in meeting the nu18 tritional needs of the school-aged children in 

19 the State. 

20 ‘‘(D) AMOUNT OF GRANTS.—The amount of 

21 a grant awarded to a State under this subsection 

22 for each year of the grant period shall be equal 

23 to the amount described in paragraph (3)(C). 

24 ‘‘(E) MATCHING REQUIREMENT.—Each 

25 State that receives a grant under this subsection 


lotter on DSK5VPTVN1PROD with BILLS
103 

•HR 5003 RH

1 shall provide funds from non-Federal sources 

2 (which may be provided in cash, commodities, or 

3 in kind) to support the activities under this sub4 section. 

5 ‘‘(F) LIMITATIONS.—A State that receives a 

6 grant under this subsection may not, during any 

7 period during which the State receives such 

8 grant, receive funds under any of the following: 

9 ‘‘(i) The school lunch program under 

10 this Act. 

11 ‘‘(ii) The school breakfast program 

12 under section 4 of the Child Nutrition Act 

13 of 1966 (42 U.S.C. 1773). 

14 ‘‘(iii) The special milk program under 

15 section 3 of the Child Nutrition Act of 1966 

16 (42 U.S.C. 1772). 

17 ‘‘(iv) The State administrative ex18 penses funding under section 7 of the Child 

19 Nutrition Act of 1966 (42 U.S.C. 1776). 

20 ‘‘(v) The team nutrition network under 

21 section 19 of the Child Nutrition Act of 

22 1966 (42 U.S.C. 1788). 

23 ‘‘(3) APPLICATION.—To receive a grant under 

24 this subsection, a State shall submit an application 

25 at such time and in such manner as the Secretary 


lotter on DSK5VPTVN1PROD with BILLS
104 

•HR 5003 RH

1 may reasonably require. The application shall con2 tain— 

3 ‘‘(A) an assurance that each school-aged 

4 child in the State will have access to at least one 

5 affordable meal service option during the school 

6 day at the school in which the child is enrolled, 

7 and a plan for how the State will carry out such 

8 assurance, including— 

9 ‘‘(i) the income thresholds or other 

10 needs-based determinations to be used for 

11 determining— 

12 ‘‘(I) which students are eligible for 

13 free meals; 

14 ‘‘(II) which students are eligible 

15 for reduced price meals; and 

16 ‘‘(III) which students are required 

17 to pay the full price for meals; 

18 ‘‘(ii) the estimated number of students 

19 in the State eligible for the thresholds for 

20 each meal category described in clause (i); 

21 ‘‘(iii) the price to be charged to stu22 dents eligible for reduced price meals and 

23 the price to be charged to students required 

24 to pay the full price for meals; 


lotter on DSK5VPTVN1PROD with BILLS
105 

•HR 5003 RH

1 ‘‘(iv) how the State will identify and 

2 verify eligibility of such students, such as 

3 through census data, application processes, 

4 or any other State-determined method; 

5 ‘‘(v) an identification of any non-Fed6 eral sources, including State funds, the 

7 State will utilize to meet the needs of school8 aged children in the State if the grant re9 ceived under this subsection is not sufficient 

10 to cover the cost of the meals to be served 

11 during the period in which the State re12 ceives such grant; 

13 ‘‘(vi) any other factors the State will 

14 use to determine distribution of funds re15 ceived under the grant to each elementary 

16 school and secondary school in the State to 

17 reimburse the schools for the cost of the 

18 meals served, including how the State will 

19 ensure a fair distribution of such funds to 

20 address the need for such meals at each such 

21 school; and 

22 ‘‘(vii) the monitoring plan the State 

23 will use to ensure the funding described in 

24 clause (v) will be used in accordance with 

25 this subsection; 


lotter on DSK5VPTVN1PROD with BILLS
106 

•HR 5003 RH

1 ‘‘(B) a description of the requirements for 

2 meals provided under this subsection that the 

3 State will require, including requirements for 

4 meal standards and pricing; 

5 ‘‘(C) a request for an amount of grant funds 

6 for each year that the State will receive a grant 

7 under this subsection, which may not, for each 

8 such year exceed the amount the State received 

9 for fiscal year 2016— 

10 ‘‘(i) for free and reduced price meal re11 imbursements under the programs described 

12 in clauses (i) and (ii) of paragraph (2)(F), 

13 excluding any additional reimbursements 

14 received under section 4(b)(3) of this Act; 

15 and 

16 ‘‘(ii) under the programs described in 

17 paragraphs (iii) through (v) of paragraph 

18 (2)(F); and 

19 ‘‘(D) assurances that the State will— 

20 ‘‘(i) provide healthy meals to school21 aged children in the State to ensure max22 imum participation of students in the 

23 State; 

24 ‘‘(ii) provide technical assistance to 

25 local educational agencies and schools to enVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
107 

•HR 5003 RH

1 sure maximum participation of students in 

2 the State; 

3 ‘‘(iii) provide an annual report to the 

4 Secretary that outlines the activities and 

5 progress made in providing healthy meals 

6 to students in a more cost efficient manner 

7 than such meals were provided prior to the 

8 State receiving such grant; and 

9 ‘‘(iv) work with school leaders, school 

10 nutrition providers, and health profes11 sionals to develop and implement the plan 

12 under subparagraph (A) and to ensure that 

13 meals provided in schools in the State using 

14 the grant will be healthy and provided in 

15 an efficient and cost effective manner. 

16 ‘‘(4) USE OF FUNDS.— 

17 ‘‘(A) IN GENERAL.—A State that receives a 

18 grant under this subsection shall use the grant 

19 funds to— 

20 ‘‘(i) provide meals to school-aged chil21 dren in accordance with paragraph (3); 

22 ‘‘(ii) carry out the activities described 

23 in subparagraph (B) of this paragraph; and 


lotter on DSK5VPTVN1PROD with BILLS
108 

•HR 5003 RH

1 ‘‘(iii) carry out any other activities the 

2 State determines will support the goals of 

3 this subsection. 

4 ‘‘(B) ADDITIONAL STATE ACTIVITIES.—Each 

5 State that receives a grant under this subsection 

6 shall, in addition to the activities described in 

7 clauses (i) and (ii) of subparagraph (A), provide 

8 nutritional assistance to low-income and vulner9 able children, as determined by the State, by— 

10 ‘‘(i) addressing specific State and com11 munity nutritional needs; 

12 ‘‘(ii) engaging partners to deliver the 

13 meal programs to spur innovation in such 

14 delivery, including local governments and 

15 school officials, businesses, non-profit and 

16 faith-based organizations, and other com17 munity partners; 

18 ‘‘(iii) developing or strengthening pri19 vate sector partnerships to support the com20 munity and nutritional needs of school-aged 

21 children; and 

22 ‘‘(iv) achieving administrative and 

23 other programmatic cost savings. 

24 ‘‘(C) LIMITATION.—A State may use not 

25 more than 10 percent of the grant received under 


lotter on DSK5VPTVN1PROD with BILLS
109 

•HR 5003 RH

1 this subsection for administrative and outreach 

2 expenses. 

3 ‘‘(5) STATE REPORTING.—Not later than 2 years 

4 after receiving a grant under this subsection, a State 

5 shall submit to the Secretary a report on how the 

6 State was better able to operate school meals and 

7 other programs to address needs more effectively com8 pared to how the State addressed such needs before the 

9 grant was awarded to the State. The report shall in10 clude— 

11 ‘‘(A) a description of how the State used the 

12 grant funds, the State costs of carrying out the 

13 activities under this subsection (including food, 

14 administrative, labor, oversight, and any other 

15 costs), and any revenue the State received by 

16 carrying out such activities (including Federal, 

17 non-Federal, and family contributions); 

18 ‘‘(B) the strategies and activities under19 taken at the State and, if applicable, local level 

20 to meet the goals of this subsection; 

21 ‘‘(C) financial efficiencies the State has 

22 identified through the grant, including the extent 

23 to which activities under the grant have led to 

24 the addition, blending, or braiding of other Fed25 eral or private funding, and the specific or estiVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
110 

•HR 5003 RH

1 mated amount of cost-savings, reduced burdens, 

2 and other efficiencies; 

3 ‘‘(D) the impacts the State has made in 

4 meeting the goals of this subsection; 

5 ‘‘(E) any barriers the State has identified 

6 in providing school meals, and ways in which to 

7 overcome such barriers; and 

8 ‘‘(F) other State-determined and voluntarily 

9 provided information intended to share best 

10 practices for future implementation of this sub11 section. 

12 ‘‘(6) LIMITATIONS ON FEDERAL INTER13 FERENCE.—Nothing in this subsection shall be con14 strued to authorize the Secretary to establish, as a 

15 condition to receive a grant under this subsection or 

16 as requirement to operate such a grant, any criterion 

17 that specifies, defines, or prescribes— 

18 ‘‘(A) nutritional guidelines, standards, or 

19 meal requirements, including the methods that a 

20 State uses to develop, implement, or improve 

21 such nutritional guidelines, standards, or meal 

22 requirements; 

23 ‘‘(B) specific aspects, parameters, or meas24 ures of programmatic quality, including meas25 ures of compliance or evaluation; 


lotter on DSK5VPTVN1PROD with BILLS
111 

•HR 5003 RH

1 ‘‘(C) nutritional curriculum, programs of 

2 instruction, or instructional content; 

3 ‘‘(D) any aspect of meal provision criteria, 

4 including nutritional requirements, timing, du5 ration, type, price, amount, or any other aspect 

6 of meals or meal program operation; 

7 ‘‘(E) any term under this subsection as such 

8 term applies to activities carried out by a State, 

9 including the terms healthy, affordable meal, 

10 school day, and nutritional needs; 

11 ‘‘(F) the ways in which a State identifies 

12 and verifies eligibility for benefits, including 

13 child, family, and provider eligibility; 

14 ‘‘(G) differentiated payment rates a State 

15 may use; 

16 ‘‘(H) the amount or sources of non-Federal 

17 funds that a State must provide; 

18 ‘‘(I) the percentages or amounts of grant 

19 funds to be used for specific activities within or 

20 among programs; 

21 ‘‘(J) the scope or structure of programs, in22 cluding number of meals served, timing within 

23 the day, and length or time of year a program 

24 operates; and 


lotter on DSK5VPTVN1PROD with BILLS
112 

•HR 5003 RH

1 ‘‘(K) any aspect or parameter of pro2 grammatic evaluation. 

3 ‘‘(7) FEDERAL REPORTING.—Not later than 4 

4 years after the first grant is awarded under this sub5 section, the Secretary shall provide to the Committee 

6 on Education and the Workforce of the House of Rep7 resentatives and the Committee on Agriculture, Nutri8 tion, and Forestry of the Senate, and to States, a re9 port on the feasibility of scaling the implementation 

10 of this subsection, including the efficiencies, cost sav11 ings, and other benefits identified by State implemen12 tation of the programs described in paragraph (2)(F) 

13 under this subsection. Such determination of feasi14 bility shall be based on information including— 

15 ‘‘(A) State reports submitted under para16 graph (5); 

17 ‘‘(B) a determination of the level of Federal 

18 cost-savings achieved and the amount of future 

19 cost-saving implications; 

20 ‘‘(C) programmatic simplifications the Fed21 eral Government could pursue; and 

22 ‘‘(D) other information provided by States 

23 or private entities that would be useful in rec24 ommendations to the public, States, and to Con25 gress.’’. 


lotter on DSK5VPTVN1PROD with BILLS
113 

•HR 5003 RH

1 SEC. 110. FRUIT AND VEGETABLE PROGRAM. 

2 Section 19 of the Richard B. Russell National School 

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

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

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

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

7 (3) in subsection (i)— 

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

9 (B) by redesignating paragraph (6) as 

10 paragraph (5); and 

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

12 ‘‘(6) CLARIFICATION.— 

13 ‘‘(A) GUIDANCE.—The Secretary shall issue 

14 guidance with respect to how funds under the 

15 program may be used, which— 

16 ‘‘(i) clarifies to States that such funds 

17 may be used on all forms of fruits and vege18 tables, provided the fruit or vegetable prod19 uct meets the requirements of section 210.11 

20 of title 7, Code of Federal Regulations (as 

21 in effect on the date of enactment of the Im22 proving Child Nutrition and Education Act 

23 of 2016); 

24 ‘‘(ii) provides the appropriate exemp25 tions described in such section 210.11 of the 

26 Code of Federal Regulations; and 


lotter on DSK5VPTVN1PROD with BILLS
114 

•HR 5003 RH

1 ‘‘(iii) encourages schools to introduce 

2 fruits and vegetables to children in new con3 texts, including by allowing schools to offer 

4 combinations of fruits and vegetables with 

5 tree nuts, which provide a good source of 

6 protein per serving and meet the nutrition 

7 standards of such section 210.11 of the Code 

8 of Federal Regulations, except that the Sec9 retary shall provide exemptions from the 

10 total fat requirements under such section 

11 210.11 for tree nut products. 

12 ‘‘(B) LOCAL DECISION.—Nothing in this 

13 section shall be construed to require a school par14 ticipating in the program to select forms of fruit 

15 or vegetables other than fresh.’’. 

16 SEC. 111. COMPLIANCE AND ACCOUNTABILITY. 

17 Section 22 of the Richard B. Russell National School 

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

19 (1) in subsection (a)— 

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

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

22 (B) by redesignating subparagraphs (A) 

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

24 and indenting appropriately; 

25 (2) in subsection (b)— 


lotter on DSK5VPTVN1PROD with BILLS
115 

•HR 5003 RH

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

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

3 (B) by redesignating paragraphs (4) 

4 through (6) as paragraphs (5) through (7), re5 spectively; 

6 (C) by striking paragraph (3) and inserting 

7 the following: 

8 ‘‘(3) ERROR REDUCTION PLANS.— 

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

10 shall work with the local educational agencies 

11 that have the highest rates of certification errors 

12 according to the verification process under sec13 tion 9(a)(D) to develop an error reduction plan 

14 and monitor implementation of the plan over the 

15 remainder of the review cycle. 

16 ‘‘(B) PLAN COMPONENTS.—Each error re17 duction plan shall include— 

18 ‘‘(i) specific measures that the local 

19 educational agency shall take to reduce cer20 tification errors, including at a min21 imum— 

22 ‘‘(I) increasing the standard 

23 verification sample size, except such 

24 increase shall not result in a 


lotter on DSK5VPTVN1PROD with BILLS
116 

•HR 5003 RH

1 verification sample size of more than 

2 15 percent; 

3 ‘‘(II) improvements in the appli4 cation; 

5 ‘‘(III) the use of technology to 

6 minimize opportunities for error; and 

7 ‘‘(IV) enhanced training and over8 sight of staff involved in the certifi9 cation and verification process; 

10 ‘‘(ii) a timeline for the local edu11 cational agency to implement those meas12 ures within the review cycle; 

13 ‘‘(iii) annual goals for reductions in 

14 certification errors; 

15 ‘‘(iv) technical assistance to be pro16 vided by the State agency; and 

17 ‘‘(v) working with an educational serv18 ice agency to help conduct the verification 

19 process and other aspects of the program as 

20 necessary to help reduce errors in the ad21 ministration of the program. 

22 ‘‘(C) STATE AGENCY RESPONSIBILITIES.— 

23 Each State agency shall— 

24 ‘‘(i) assist the local educational agen25 cies identified under subparagraph (D) with 


lotter on DSK5VPTVN1PROD with BILLS
117 

•HR 5003 RH

1 developing an error reduction plan that 

2 complies with subparagraph (B); 

3 ‘‘(ii) provide technical assistance as de4 scribed in the error reduction plan under 

5 subparagraph (B)(iv); 

6 ‘‘(iii) conduct annual reviews focused 

7 on the direct certification, application, cer8 tification, verification, meal counting, and 

9 meal claiming processes; and 

10 ‘‘(iv) report annually to the Secretary 

11 on the progress of the State in reducing er12 rors. 

13 ‘‘(D) SELECTION OF LOCAL EDUCATIONAL

14 AGENCIES.— 

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

16 shall select up to 10 percent of the local edu17 cational agencies in the State to develop an 

18 error reduction plan. 

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

20 local educational agencies selected under 

21 clause (i) shall not be comprised of more 

22 than 50 percent of small local educational 

23 agencies, as determined by the Secretary. 

24 ‘‘(iii) ASSESSMENT OF CERTIFICATION

25 ERROR.—In selecting local educational 


lotter on DSK5VPTVN1PROD with BILLS
118 

•HR 5003 RH

1 agencies under this paragraph, certification 

2 error shall be assessed based on a measure 

3 determined by the Secretary that con4 siders— 

5 ‘‘(I) the results of the reviews con6 ducted under paragraph (1) and 

7 ‘‘(II) the percentage of household 

8 applications verified under section 

9 9(b)(3)(D)(i) that had the level of bene10 fits changed as a result of information 

11 obtained during the verification proc12 ess, excluding benefit terminations re13 sulting from not obtaining information 

14 during household verification con15 ducted under section 9(b)(3)(G). 

16 ‘‘(4) HIGH PERFORMANCE.— 

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

18 agency is determined to be in the top 20 percent 

19 of local educational agencies in the State, as de20 termined by the State under subparagraph (B), 

21 the sample size under section 9(b)(3)(D)(i)(II) 

22 shall be a verification sample size of 2.5 percent. 

23 ‘‘(B) CONSIDERATIONS.—The State shall de24 termine whether a local educational agency is in 

25 the top 20 percent of local educational agencies 


lotter on DSK5VPTVN1PROD with BILLS
119 

•HR 5003 RH

1 in the State by considering error rates, con2 firmation rates, non-response rates, response 

3 rates, and other factors as necessary to make 

4 such determination.’’; and 

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

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

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

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

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

10 2015’’ and inserting ‘‘2017 through 2021’’. 

11 SEC. 112. REPEAL OF STATE CHILDHOOD HUNGER CHAL12 LENGE GRANTS. 

13 Section 24 of the Richard B. Russell National School 

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

15 SEC. 113. DUTIES OF THE SECRETARY RELATING TO NON16 PROCUREMENT DEBARMENT. 

17 Section 25 of the Richard B. Russell National School 

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

19 (1) by redesignating subsection (g) as subsection 

20 (h); and 

21 (2) by inserting after subsection (f) the following: 

22 ‘‘(g) FINES.— 

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

24 contractor is found guilty in any criminal proceeding 

25 or found liable in any civil or administrative proVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
120 

•HR 5003 RH

1 ceeding, of the activities listed in paragraph (2), in 

2 connection with the supplying, providing, or selling of 

3 goods or services to any local agency in connection 

4 with a child nutrition program, the Secretary shall 

5 impose a civil penalty of not more than $100,000,000, 

6 as determined by the Secretary, to provide restitution 

7 to the program for harm done to the program. 

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

9 at a minimum— 

10 ‘‘(A) an anticompetitive activity, including 

11 bid-rigging, price-fixing, the allocation of cus12 tomers between competitors, or other violation of 

13 Federal or State antitrust laws; 

14 ‘‘(B) fraud, bribery, theft, forgery, or embez15 zlement; 

16 ‘‘(C) knowingly receiving stolen property; 

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

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

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

20 this subsection shall be credited to the child nutrition 

21 programs appropriations account.’’. 

22 SEC. 114. IMPROVEMENTS TO SCHOOL LUNCH FACILITIES. 

23 The Richard B. Russell National School Lunch Act is 

24 amended by inserting after section 26 (42 U.S.C. 1769g) 

25 the following: 


lotter on DSK5VPTVN1PROD with BILLS
121 

•HR 5003 RH

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

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

3 ‘‘(1) DURABLE EQUIPMENT.—The term ‘durable 

4 equipment’ means durable food preparation, han5 dling, cooking, serving, and storage equipment greater 

6 than $500 in value. 

7 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti8 ty’ means— 

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

10 food authority administering or operating a 

11 school lunch program under this Act; 

12 ‘‘(B) a tribal organization; or 

13 ‘‘(C) a consortium that includes a local edu14 cational agency or school food authority de15 scribed in subparagraph (A), a tribal organiza16 tion, or both. 

17 ‘‘(3) INFRASTRUCTURE.—The term ‘infrastruc18 ture’ means a food storage facility, kitchen, food serv19 ice facility, cafeteria, dining room, or food prepara20 tion facility. 

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

22 ‘local educational agency’ has the meaning given the 

23 term in section 8101 of the Elementary and Sec24 ondary Education Act of 1965 (20 U.S.C. 7801). 

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

26 ‘school food authority’ has the meaning given the term 


lotter on DSK5VPTVN1PROD with BILLS
122 

•HR 5003 RH

1 in section 210.2 of title 7, Code of Federal Regula2 tions (or a successor regulation). 

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

4 organization’ has the meaning given the term in sec5 tion 4 of the Indian Self-Determination and Edu6 cation Assistance Act (25 U.S.C. 450b). 

7 ‘‘(b) LOAN GUARANTEES.— 

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

9 loan guarantee to an eligible lender for purposes of fi10 nancing the construction, remodeling, or expansion of 

11 infrastructure or the purchase of durable equipment 

12 that will assist the eligible entity in providing healthy 

13 meals through the school lunch program authorized 

14 under this Act. 

15 ‘‘(2) PREFERENCE.—In issuing a loan guarantee 

16 under this subsection, the Secretary shall give a pref17 erence to an eligible entity that, as compared with 

18 other eligible entities seeking a loan guarantee under 

19 this subsection, demonstrates substantial or dispropor20 tionate— 

21 ‘‘(A) need for infrastructure improvement or 

22 durable equipment; or 

23 ‘‘(B) impairment in durable equipment. 

24 ‘‘(3) OVERSIGHT.—The Secretary, acting through 

25 the Under Secretary for Rural Development, shall esVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
123 

•HR 5003 RH

1 tablish procedures to oversee any project or purchase 

2 for which a loan guarantee is issued under this sub3 section. 

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

5 issued under this subsection may not guarantee more 

6 than 80 percent of the principal amount of the loan. 

7 ‘‘(5) FEES AND COSTS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall es9 tablish fees for loan guarantees under this sub10 section that are, to the maximum extent prac11 ticable, equal to all costs of the loan guarantees 

12 as determined under the Federal Credit Reform 

13 Act of 1990 (2 U.S.C. 661 et. seq.), as deter14 mined by the Secretary. 

15 ‘‘(B) FEE SHORTFALL.—To the extent that 

16 the Secretary determines that fees described in 

17 subparagraph (A) are not sufficient to pay for 

18 all of the costs for the loan guarantees pursuant 

19 to the Federal Credit Reform Act of 1990 (2 

20 U.S.C. 661 et. seq.), the Secretary may use funds 

21 described in paragraph (6) to pay for the costs 

22 of loan guarantees not paid for by the fees. 

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

24 appropriations provided in advance in an appropria25 tions Act specifically for the purpose of carrying out 


lotter on DSK5VPTVN1PROD with BILLS
124 

•HR 5003 RH

1 this subsection, there is authorized to be appropriated 

2 $5,000,000 for fiscal year 2017 and each fiscal year 

3 thereafter. 

4 ‘‘(c) GRANTS.— 

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

6 2017 and subject to the availability of appropriations 

7 provided in advance in an appropriations Act specifi8 cally for the purpose of carrying out this subsection, 

9 the Secretary shall make grants, on a competitive 

10 basis, to eligible entities for the purchase of durable 

11 equipment and infrastructure needed to serve 

12 healthier meals and improve food safety. 

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

14 subsection, the Secretary shall give priority to eligible 

15 entities that— 

16 ‘‘(A) are located in States that have enacted 

17 comparable statutory grant funding mechanisms 

18 or that have otherwise appropriated funds for the 

19 purpose described in paragraph (1); and 

20 ‘‘(B) have identified and are reasonably ex21 pected to meet an unmet local or community 

22 need— 

23 ‘‘(i) through a public-private partner24 ship or partnership with a food pantry or 

25 other low-income assistance agency; or 


lotter on DSK5VPTVN1PROD with BILLS
125 

•HR 5003 RH

1 ‘‘(ii) by allowing related community 

2 organizations to use kitchen or cafeteria 

3 space. 

4 ‘‘(3) FEDERAL SHARE.— 

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

6 costs for assistance funded through a grant 

7 awarded under this subsection shall not exceed 

8 80 percent of the total cost of the durable equip9 ment or infrastructure. 

10 ‘‘(B) MATCHING.—To receive a grant under 

11 this subsection, an eligible entity shall provide 

12 matching support in the form of cash or in-kind 

13 contributions. 

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

15 or vary the requirements of subparagraphs (A) 

16 and (B) if the Secretary determines that undue 

17 hardship or effective exclusion from participa18 tion would otherwise result. 

19 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

22 subsection for fiscal year 2017 through fiscal 

23 year 2019. 

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

25 more than 5 percent of the funds made available 


lotter on DSK5VPTVN1PROD with BILLS
126 

•HR 5003 RH

1 under subparagraph (A) to provide technical as2 sistance. 

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

4 date of the enactment of the Improving Child Nutrition and 

5 Education Act of 2016, the Secretary shall review or revise 

6 any guidance in existence on that date of enactment so as 

7 to ensure that school food authorities have flexibility in the 

8 establishment and implementation of salad bars.’’. 

9 SEC. 115. PROHIBITIONS. 

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

11 U.S.C. 1751 et seq.) is further amended by adding at the 

12 end the following: 

13 ‘‘SEC. 30. PROHIBITIONS. 

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

15 (42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free Kids 

16 Act of 2010, or the Improving Child Nutrition and Edu17 cation Act of 2016 shall— 

18 ‘‘(1) authorize the Secretary to issue or establish 

19 any regulations or requirements not explicitly author20 ized under any such Act; or 

21 ‘‘(2) authorize the Secretary to require, as a con22 dition of participation in any program under any 

23 such Act— 


lotter on DSK5VPTVN1PROD with BILLS
127 

•HR 5003 RH

1 ‘‘(A) any curriculum or education require2 ments for participating schools or child care pro3 viders; or 

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

5 standards for nutrition education.’’. 

6 TITLE II—CHILD NUTRITION ACT 

7 SEC. 201. SPECIAL MILK PROGRAM AUTHORIZATION. 

8 Section 3(a)(7) of the Child Nutrition Act of 1966 (42 

9 U.S.C. 1772(a)(7)) is amended by striking ‘‘on an annual 

10 basis each’’ and inserting ‘‘annually by February 15 for 

11 the upcoming’’. 

12 SEC. 202. SCHOOL BREAKFAST PROGRAM. 

13 Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 

14 1773) is amended— 

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

16 following: 

17 ‘‘(F) INCREASED REIMBURSEMENT.—(i) For 

18 school year 2018–2019, the Secretary shall in19 crease by 2 cents the annually adjusted payment 

20 for each breakfast (free, reduced price, and paid) 

21 described in subparagraph (B). 

22 ‘‘(ii) For school year 2019–2020, the na23 tional average payment for each breakfast re24 ferred to in clause (i) of this subparagraph shall 

25 equal the result obtained under such clause (i) 


lotter on DSK5VPTVN1PROD with BILLS
128 

•HR 5003 RH

1 applicable to such breakfast, as annually ad2 justed for the school year in accordance with sub3 paragraph (B). 

4 ‘‘(iii) For school year 2020–2021, the na5 tional average payment for each breakfast re6 ferred to in clause (i) of this subparagraph shall 

7 equal the annually adjusted payment for such 

8 breakfast, as determined under clause (ii) of this 

9 subparagraph, plus 1 cent. 

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

11 succeeding school year, the national average pay12 ment for each breakfast referred to in clause (i) 

13 of this subparagraph shall equal the result ob14 tained under clause (iii) of this subparagraph 

15 applicable to such breakfast, as annually ad16 justed for the school year in accordance with sub17 paragraph (B).’’. 

18 (2) in subsection (e)(1)(B), by striking ‘‘, includ19 ing technical’’ and all that follows through ‘‘estab20 lished under this section,’’. 

21 SEC. 203. STATE ADMINISTRATIVE EXPENSES. 

22 Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 

23 1776) is amended— 

24 (1) in subsection (a)— 


lotter on DSK5VPTVN1PROD with BILLS
129 

•HR 5003 RH

1 (A) in paragraph (3), in the second sen2 tence, by striking ‘‘, except as provided in para3 graph (5)’’; 

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

5 (C) by redesignating paragraphs (6) 

6 through (9) as paragraphs (5) through (8), re7 spectively; 

8 (2) in subsection (b)— 

9 (A) by striking ‘‘expenses, for administra10 tive’’ and inserting the following: ‘‘expenses for— 

11 ’’ 

12 ‘‘(1) administrative’’; and 

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

14 follows through ‘‘for staff’’ and inserting the fol15 lowing: 

16 ‘‘(2) support services; 

17 ‘‘(3) office equipment; 

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

19 ‘‘(5) staff’’; 

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

21 (iii) to read as follows: 

22 ‘‘(iii) MINIMIZING DISRUPTIONS.—The 

23 Secretary shall encourage school food au24 thorities to consider— 


lotter on DSK5VPTVN1PROD with BILLS
130 

•HR 5003 RH

1 ‘‘(I) providing the training re2 quired under this subparagraph to 

3 local food service personnel during 

4 paid, regular hours; and 

5 ‘‘(II) that to the extent that train6 ing must occur during nonwork hours, 

7 it is minimally disruptive to employ8 ees’ other work obligations if employees 

9 are provided with sufficient notice of 

10 training.’’; 

11 (4) in subsection (i)— 

12 (A) in paragraph (3)— 

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

14 before the period at the end the following: 

15 ‘‘and for the purposes described in section 

16 749(h) of the Agriculture, Rural Develop17 ment, Food and Drug Administration, and 

18 Related Agencies Appropriations Act, 2010 

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

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

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

22 States under this paragraph, the Secretary shall 

23 give priority to States in which local educational 

24 agencies, school food authorities, or schools sub25 mit a plan under subparagraph (B) that inVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
131 

•HR 5003 RH

1 cludes the use of technology or information man2 agement systems to provide assistance to tribal 

3 organizations administering the food distribu4 tion program on Indian reservations established 

5 under section 4(b) of the Food and Nutrition Act 

6 of 2008 (7 U.S.C. 2013(b)) for purposes of im7 proving the rate of direct certification of children 

8 in households participating in that program.’’; 

9 and 

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

11 and inserting ‘‘2021’’; 

12 (5) in subsection (j), by striking ‘‘2015’’ and in13 serting ‘‘2021’’; 

14 (6) by redesignating subsection (j) as subsection 

15 (k); and 

16 (7) by inserting after subsection (i) the following: 

17 ‘‘(j) CENTRALIZED EXCHANGE NETWORK.— 

18 ‘‘(1) ESTABLISHMENT.—The Secretary shall es19 tablish a centralized exchange network to facilitate 

20 State exchange of information and best practices, for 

21 programs authorized under this Act or the Richard B. 

22 Russell National School Lunch Act (42 U.S.C. 1751 

23 et seq.). 

24 ‘‘(2) NETWORK TOPICS.—State exchanges of in25 formation and best practices described in paragraph 


lotter on DSK5VPTVN1PROD with BILLS
132 

•HR 5003 RH

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 programs; 

6 and 

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

8 the programs. 

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

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

11 SEC. 204. REGULATIONS. 

12 Section 10(b)(1)(C) of the Child Nutrition Act of 1966 

13 (42 U.S.C. 1779(b)(1)(C)) is amended— 

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

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

16 (ii) and inserting a semicolon; and 

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

18 ‘‘(iii) ensure that the nutrition stand19 ards under this paragraph do not apply to 

20 fundraisers held by student groups or orga21 nizations, and that the school and applica22 ble State agency are not prohibited from de23 termining which such fundraisers may be 

24 held; and 


lotter on DSK5VPTVN1PROD with BILLS
133 

•HR 5003 RH

1 ‘‘(iv) ensure that the nutrition stand2 ards under this paragraph allow any foods 

3 that may be served as part of a reimburs4 able meal served under the school meal pro5 grams to be sold in schools as described in 

6 subparagraph (B).’’. 

7 SEC. 205. DEFINITION OF STATE AGENCY. 

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

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

10 inserting the following: 

11 ‘‘(2) STATE AGENCY.—The term ‘State agency’ 

12 means— 

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

14 the State superintendent of public instruction, 

15 commissioner of education, or similar officer); 

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

17 State department of education; 

18 ‘‘(C) the State Commissioner or individual 

19 who administers agricultural programs in the 

20 State; or 

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

22 designates to administer the programs under this 

23 Act.’’. 


lotter on DSK5VPTVN1PROD with BILLS
134 

•HR 5003 RH

1 SEC. 206. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 

2 FOR WOMEN, INFANTS, AND CHILDREN. 

3 (a) IN GENERAL.—Section 17 of the Child Nutrition 

4 Act of 1966 (42 U.S.C. 1786) is amended— 

5 (1) in subsection (a), in the second sentence, by 

6 striking ‘‘promotion’’ and inserting ‘‘counseling, pro7 motion,’’; 

8 (2) in subsection (b)(14), by striking the para9 graph designation and all that follows through 

10 ‘‘means those foods’’ and inserting the following: 

11 ‘‘(14) SUPPLEMENTAL FOOD.—The term ‘supple12 mental food’ means any food’’; 

13 (3) in subsection (d)— 

14 (A) in paragraph (2)— 

15 (i) in subparagraph (B)— 

16 (I) in the matter preceding clause 

17 (i), by striking ‘‘may choose to’’ and 

18 inserting ‘‘shall’’; 

19 (II) in clause (i)(II), by striking 

20 ‘‘and’’ at the end; 

21 (III) in clause (ii), by striking the 

22 period at the end and inserting ‘‘; 

23 and’’; and 

24 (IV) by adding at the end the fol25 lowing: 


lotter on DSK5VPTVN1PROD with BILLS
135 

•HR 5003 RH

1 ‘‘(iii) any basic allowance for subsistence pro2 vided under section 402 of title 37, United States 

3 Code, to a member of a uniformed service.’’; and 

4 (ii) by adding at the end the following: 

5 ‘‘(E) CHILD SUPPORT PAYMENTS.—For the 

6 purpose of determining income eligibility under 

7 this section, a State agency shall exclude from 

8 income any child support payment for an appli9 cant who is legally obligated to pay child sup10 port for any noncustodial child.’’; and 

11 (B) in paragraph (3), by adding at the end 

12 the following: 

13 ‘‘(G) DATA EXCHANGE STANDARDS FOR IM14 PROVED INTEROPERABILITY.— 

15 ‘‘(i) DESIGNATION.—The Secretary, in 

16 consultation with an interagency work 

17 group established by the Office of Manage18 ment and Budget, and taking into consider19 ation State government perspectives, shall 

20 designate data exchange standards to gov21 ern, under this section— 

22 ‘‘(I) necessary categories of infor23 mation that State agencies operating 

24 related programs are required under 


lotter on DSK5VPTVN1PROD with BILLS
136 

•HR 5003 RH

1 applicable law to electronically ex2 change with another State agency; and 

3 ‘‘(II) Federal reporting and data 

4 exchange required under applicable 

5 law. 

6 ‘‘(ii) REQUIREMENTS.—The data ex7 change standards required by clause (i) 

8 shall, to the maximum extent practicable— 

9 ‘‘(I) incorporate a widely accept10 ed, nonproprietary, searchable, com11 puter-readable format; 

12 ‘‘(II) contain interoperable stand13 ards developed and maintained by 

14 intergovernmental partnerships, such 

15 as the National Information Exchange 

16 Model; 

17 ‘‘(III) incorporate interoperable 

18 standards developed and maintained 

19 by Federal entities with authority re20 garding contracting and financial as21 sistance; 

22 ‘‘(IV) be consistent with, and im23 plement, applicable accounting prin24 ciples; 


lotter on DSK5VPTVN1PROD with BILLS
137 

•HR 5003 RH

1 ‘‘(V) be implemented in a manner 

2 that— 

3 ‘‘(aa) is cost effective; and 

4 ‘‘(bb) improves program effi5 ciency and effectiveness; 

6 ‘‘(VI) be capable of being up7 graded as necessary; and 

8 ‘‘(VII) protects the privacy of any 

9 personally identifiable information 

10 from being accessed by individuals who 

11 do not need access to such information. 

12 ‘‘(iii) EFFECT OF SUBPARAGRAPH.— 

13 Nothing in this subparagraph requires any 

14 change to an existing data exchange stand15 ard for Federal reporting that is determined 

16 to be effective and efficient. 

17 ‘‘(iv) IMPLEMENTATION.— 

18 ‘‘(I) IN GENERAL.—Not later than 

19 2 years after the date of the enactment 

20 of the Improving Child Nutrition and 

21 Education Act of 2016, the Secretary 

22 shall issue a proposed rule to imple23 ment this subparagraph. 

24 ‘‘(II) REQUIREMENTS.—The pro25 posed rule under this clause shall— 


lotter on DSK5VPTVN1PROD with BILLS
138 

•HR 5003 RH

1 ‘‘(aa) identify all federally 

2 required data exchanges; 

3 ‘‘(bb) include specification 

4 and timing for the exchanges to be 

5 standardized; 

6 ‘‘(cc) address the factors used 

7 in determining whether and when 

8 to standardize data exchanges; 

9 ‘‘(dd) specify State imple10 mentation options; and 

11 ‘‘(ee) describe future mile12 stones.’’; 

13 (4) in subsection (e)— 

14 (A) by striking the subsection designation 

15 and all that follows through ‘‘The State agency 

16 shall’’ in the first sentence of paragraph (1) and 

17 inserting the following: 

18 ‘‘(e) NUTRITION AND DRUG ABUSE EDUCATION.— 

19 ‘‘(1) EDUCATION.— 

20 ‘‘(A) IN GENERAL.—A State agency shall’’; 

21 (B) in paragraph (1) (as amended by sub22 paragraph (A)), by adding at the end the fol23 lowing: 

24 ‘‘(B) DISPOSAL OF CERTAIN INFANT FOR25 MULA.— 


lotter on DSK5VPTVN1PROD with BILLS
139 

•HR 5003 RH

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 ob8 tained with food instruments issued under 

9 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 with 

17 the gifting, trading, sale, or resale of 

18 infant formula or other supplemental 

19 foods obtained with food instruments 

20 issued under the program under this 

21 section, in accordance with subsection 

22 (o).’’; and 

23 (C) by striking paragraph (3) and inserting 

24 the following: 

25 ‘‘(3) NUTRITION EDUCATION MATERIALS.— 


lotter on DSK5VPTVN1PROD with BILLS
140 

•HR 5003 RH

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 nutri10 tion educational materials with institutions par11 ticipating 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, if 

15 a written materials-sharing agreement exists be16 tween the relevant agencies.’’; 

17 (5) in subsection (f)— 

18 (A) by striking ‘‘(f)(1)(A) Each State agen19 cy’’ and all that follows through ‘‘change in the 

20 plan.’’ and inserting the following: 

21 ‘‘(f) PLAN OF OPERATION AND ADMINISTRATION BY

22 STATE AGENCY.— 

23 ‘‘(1) REQUIREMENTS.— 

24 ‘‘(A) SUBMISSION.— 


lotter on DSK5VPTVN1PROD with BILLS
141 

•HR 5003 RH

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 met 

13 by current plan, an assurance that the 

14 current plan continues to meet such re15 quirements.’’; 

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: 


lotter on DSK5VPTVN1PROD with BILLS
142 

•HR 5003 RH

1 ‘‘(xi) a plan to allow, during an emergency or 

2 disaster period, for different foods to be obtained with 

3 program benefits in lieu of, or in addition to, the sup4 plemental foods available to be obtained with such 

5 benefits; 

6 ‘‘(xii) a plan detailing the methods to be used by 

7 all local agencies to ensure compliance with sub8 section (d)(2); and’’; 

9 (D) in paragraph (5)— 

10 (i) by striking ‘‘(5) State and local’’ 

11 and inserting the following: 

12 ‘‘(5) ACCOUNTS, RECORDS, AND REVIEW.— 

13 ‘‘(A) IN GENERAL.—State and local’’; and 

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

15 ‘‘(B) REVIEW.—The Secretary shall periodi16 cally review State and local agency compliance 

17 with the approved plan of operation and admin18 istration of the applicable State.’’; 

19 (E) in paragraph (10)— 

20 (i) by striking ‘‘(10) The Secretary’’ 

21 and inserting the following: 

22 ‘‘(10) STANDARDS FOR ADMINISTRATION.— 

23 ‘‘(A) IN GENERAL.—The Secretary’’; and 

24 (ii) by adding at the end the following: 


lotter on DSK5VPTVN1PROD with BILLS
143 

•HR 5003 RH

1 ‘‘(B) NOTIFICATION TO STATE AUTHOR2 ITY.—If, on reviewing the administration by a 

3 State of the program, the Secretary determines 

4 there is a need to temporarily halt the State 

5 from approving new vendors to address defi6 ciencies in proper administration, the Secretary 

7 may issue a moratorium on the authority of the 

8 State to approve new vendors, subject to the con9 dition that the Secretary shall provide the State 

10 with reasoning behind such determination and 

11 shall establish— 

12 ‘‘(i) a timeframe under which the mor13 atorium will be issued, including any re14 newal or lifting of the moratorium; 

15 ‘‘(ii) a process to approve vendors for 

16 the State in a manner that does not im17 pede— 

18 ‘‘(I) the sale of a business; or 

19 ‘‘(II) the establishment of any new 

20 business; and 

21 ‘‘(iii) a review process to be conducted 

22 by the Secretary to ensure that partici23 pants, nonparticipants, and vendors are not 

24 adversely impacted by the implementation 

25 of the moratorium.’’; 


lotter on DSK5VPTVN1PROD with BILLS
144 

•HR 5003 RH

1 (F) in paragraph (11)— 

2 (i) in subparagraph (C)— 

3 (I) in clause (i)— 

4 (aa) by inserting before the 

5 semicolon at the end the following: 

6 ‘‘which, beginning not later than 

7 60 days after the date of enact8 ment of the Improving Child Nu9 trition and Education Act of 

10 2016, shall include an examina11 tion of criteria relating to fluid 

12 milk (in consideration of the most 

13 recent Dietary Guidelines for 

14 Americans published under sec15 tion 301 of the National Nutrition 

16 Monitoring and Related Research 

17 Act of 1990 (7 U.S.C. 5341)), and 

18 an examination of the consump19 tion and redemption rates of milk 

20 beginning on May 5, 2014’’; and 

21 (bb) by striking ‘‘and’’ at the 

22 end; 

23 (II) in clause (ii)— 

24 (aa) by striking ‘‘and cul25 tural eating patterns’’ and insertVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
145 

•HR 5003 RH

1 ing ‘‘cultural eating patterns, 

2 commercial availability, and par3 ticipant demand, except that any 

4 changes made under this clause 

5 shall not limit the overall fruit in6 take of children’’; and 

7 (bb) by striking the period at 

8 the end and inserting ‘‘; and’’; 

9 and 

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

12 ‘‘(iii) consider accommodations for 

13 medical, including food allergies, or other 

14 special dietary needs of individuals, includ15 ing religious dietary restrictions.’’; 

16 (ii) by adding at the end the following: 

17 ‘‘(D) PRODUCT PACKAGE SIZES.—In pro18 mulgating or revising regulations under this 

19 paragraph, the Secretary shall allow a range of 

20 product package sizes to be selected by partici21 pants. 

22 ‘‘(E) CASH VALUE VOUCHERS.—In adjust23 ing annually for food cost inflation in the food 

24 package under this paragraph, the Secretary 

25 shall round to the nearest dollar increment. 


lotter on DSK5VPTVN1PROD with BILLS
146 

•HR 5003 RH

1 ‘‘(F) PARTICIPANT CHOICE OPTIONS.—The 

2 Secretary shall maximize opportunities for State 

3 agency flexibility to ensure adequate and appro4 priate participant choice to meet participant 

5 needs and cultural preferences in supplemental 

6 foods made available under this section.’’; 

7 (6) in subsection (g), by striking paragraph 

8 (1)(A) and inserting the following: 

9 ‘‘(A) AUTHORIZATION.—There are author10 ized to be appropriated to carry out this section 

11 $6,350,000,000 for each of fiscal years 2017 

12 through 2021.’’; and 

13 (7) in subsection (h)— 

14 (A) in paragraph (8)(A)— 

15 (i) in clause (vi)— 

16 (I) by striking ‘‘Effective begin17 ning’’ and inserting the following: 

18 ‘‘(I) IN GENERAL.—Effective be19 ginning’’; and 

20 (II) by adding at the end the fol21 lowing: 

22 ‘‘(II) INFANT FORMULA.—Effec23 tive beginning on the date of the enact24 ment of the Improving Child Nutrition 

25 and Education Act of 2016, a State 


lotter on DSK5VPTVN1PROD with BILLS
147 

•HR 5003 RH

1 agency that has fully implemented elec2 tronic benefits transfer systems 

3 throughout the State shall have in ef4 fect a system to ensure that infant for5 mula rebate invoices, under competi6 tive bidding, provide an actual count 

7 of the number of units sold to partici8 pants in the program under this sec9 tion.’’; and 

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

11 ‘‘(xi) CONTRACT DURATION.—The con12 tracts awarded under clause (iii) shall 

13 specify that— 

14 ‘‘(I) if the income eligibility limit 

15 under title XIX of the Social Security 

16 Act (42 U.S.C. 1396 et seq.) for preg17 nant women or infants is substantially 

18 increased, the contractor may termi19 nate the existing contract effective on 

20 the later of— 

21 ‘‘(aa) the date that is 1 year 

22 after the date on which the State 

23 decision to increase the eligibility 

24 limit by amending the State plan 

25 is made by— 


lotter on DSK5VPTVN1PROD with BILLS
148 

•HR 5003 RH

1 ‘‘(AA) adopting State 

2 legislation; 

3 ‘‘(BB) issuing a State 

4 executive order or adminis5 trative rule; or 

6 ‘‘(CC) any other appli7 cable State process, as deter8 mined by the Secretary; and 

9 ‘‘(bb) the first day of the 

10 month during which the increase 

11 takes effect; and 

12 ‘‘(II) if a contractor elects to ter13 minate a contract pursuant to sub14 clause (I), the contractor shall notify 

15 the State agency by not later than the 

16 date that is 1 year before the proposed 

17 date of termination.’’; 

18 (B) in paragraph (9)— 

19 (i) in subparagraph (B)— 

20 (I) in clause (i)— 

21 (aa) in subclause (I), by 

22 striking ‘‘and’’ at the end; and 

23 (bb) by adding at the end the 

24 following: 


lotter on DSK5VPTVN1PROD with BILLS
149 

•HR 5003 RH

1 ‘‘(III) limit the term of any con2 tract (including any extension or re3 newal period) to a maximum of 5 

4 years, subject to the condition that any 

5 such extension or renewal shall be ap6 proved only on mutual consent of the 

7 contractor and the State agency; 

8 ‘‘(IV) agree to provide, by not 

9 later than 180 days before exercising 

10 any termination for convenience 

11 clause, a written notice to each affected 

12 contractor; 

13 ‘‘(V) agree— 

14 ‘‘(aa) to receive an annual 

15 audit of infant formula rebate in16 voices by a contractor; and 

17 ‘‘(bb) to provide to each con18 tractor accurate monthly redemp19 tion files; and 

20 ‘‘(VI) agree not to provide any 

21 State preference to any bidder in eval22 uating bids;’’; 

23 (II) in clause (iii), by striking 

24 ‘‘and’’ at the end; 

25 (III) in clause (iv)— 


lotter on DSK5VPTVN1PROD with BILLS
150 

•HR 5003 RH

1 (aa) by striking ‘‘30’’ and 

2 inserting ‘‘45’’; and 

3 (bb) by striking the period at 

4 the end and inserting a semicolon; 

5 (IV) by redesignating clauses (iii) 

6 and (iv) as clauses (iv) and (v), respec7 tively; 

8 (V) by inserting after clause (ii) 

9 the following: 

10 ‘‘(iii) for any State agency that has 

11 fully implemented electronic benefits trans12 fer systems throughout the State, have a sys13 tem to ensure that rebate invoices under 

14 competitive bidding provide an actual count 

15 of the number of units lawfully sold to par16 ticipants in the program under this sec17 tion;’’; and 

18 (VI) by adding at the end the fol19 lowing: 

20 ‘‘(vi) provide a process to negotiate the 

21 amount of funds to be returned to the bidder 

22 by the State agency, and the method of re23 turn, on determining and verifying that re24 bates were paid on any food, including in25 fant formula, sold under fraudulent means; 


lotter on DSK5VPTVN1PROD with BILLS
151 

•HR 5003 RH

1 ‘‘(vii) open bids and enter into a con2 tract under paragraph (8)(A)(iii) only after 

3 making a reasonable effort to confirm in 

4 writing, via email or other means, that the 

5 manufacturers on the list the State agency 

6 maintains under paragraph (8)(A)(ix) re7 ceived the initial request for proposals or 

8 other bid solicitation document by not later 

9 than the date that is 45 days before the date 

10 on which the bids are due; 

11 ‘‘(viii) agree to provide to contractors 

12 supporting documentation for monthly in13 voices, subject to the participant and vendor 

14 confidentiality protections under program 

15 rules; and 

16 ‘‘(ix) not later than the date that is 90 

17 days after the date for opening bids, submit 

18 to the Secretary a copy of the bid solicita19 tion and any other contract documents.’’; 

20 and 

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

22 ‘‘(D) CERTAIN FOOD FOR INFANTS.—Before 

23 any State agency solicits bids for a contract for 

24 infant fruits, vegetables, cereal, or meat under a 


lotter on DSK5VPTVN1PROD with BILLS
152 

•HR 5003 RH

1 competitive bidding system, the State agency 

2 shall— 

3 ‘‘(i) consider— 

4 ‘‘(I) the impact of the contract 

5 on— 

6 ‘‘(aa) participation or re7 demption rates; 

8 ‘‘(bb) costs to the State agen9 cy for infant fruits, vegetables, ce10 real, or meat, including product, 

11 administrative, and procurement 

12 costs; and 

13 ‘‘(cc) the ability of the State 

14 agency— 

15 ‘‘(AA) to achieve the 

16 purpose described in sub17 section (a); 

18 ‘‘(BB) to provide in19 fants with a variety of devel20 opmentally appropriate in21 fant fruits, vegetables, cereal, 

22 or meat; and 

23 ‘‘(CC) to serve the nutri24 tional needs of program par25 ticipants; and 


lotter on DSK5VPTVN1PROD with BILLS
153 

•HR 5003 RH

1 ‘‘(dd) consumers who are not 

2 participants, including the avail3 ability of alternate brands and 

4 potential effects on retail pricing 

5 of infant fruits, vegetables, cereal, 

6 or meat; and 

7 ‘‘(II) whether the contract is com8 patible with— 

9 ‘‘(aa) the management infor10 mation and food instrument sys11 tem of the State agency; 

12 ‘‘(bb) eligible vendors; and 

13 ‘‘(cc) the capacity of the 

14 manufacturer to meet technical 

15 specifications; and 

16 ‘‘(ii) provide to the Secretary— 

17 ‘‘(I) a written explanation of how 

18 the considerations described in clause 

19 (i) affected the decision of the State 

20 agency to solicit bids for a contract; 

21 and 

22 ‘‘(II) not later than 15 months 

23 after the start of such contract, a re24 port that shall include— 


lotter on DSK5VPTVN1PROD with BILLS
154 

•HR 5003 RH

1 ‘‘(aa) the net savings to date 

2 from the contract; 

3 ‘‘(bb) an assessment of the 

4 impact on eligible stores, non-par5 ticipants, and retail prices for in6 fant fruits, vegetables, cereal, and 

7 meat; and 

8 ‘‘(cc) an analysis of the costs 

9 and benefits of the contract, in10 cluding an examination of retail 

11 prices of infant fruits, vegetables, 

12 cereal, and meat.’’; 

13 (C) in paragraph (11)(E)— 

14 (i) by striking ‘‘If a State’’ and insert15 ing the following: 

16 ‘‘(i) IN GENERAL.—If a State’’; and 

17 (ii) by adding at the end the following: 

18 ‘‘(ii) REQUIREMENT.—Effective not 

19 later than 120 days after the date of the en20 actment the Improving Child Nutrition and 

21 Education Act of 2016, in calculating aver22 age payments per voucher under clause (i), 

23 a State agency shall exclude food instru24 ments not fully redeemed, based on an ac25 tual count or a reasonable estimate.’’; 


lotter on DSK5VPTVN1PROD with BILLS
155 

•HR 5003 RH

1 (D) in paragraph (12)— 

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

3 ‘‘food delivery system that provides’’ and 

4 inserting ‘‘method to deliver’’; and 

5 (ii) by adding at the end the following: 

6 ‘‘(H) REGULATIONS.—As State agencies 

7 transition to electronic benefit transfer for the 

8 program, the Secretary shall update regulations 

9 to account for the fact that State agencies— 

10 ‘‘(i) are receiving transaction pricing 

11 more frequently than twice a year from ven12 dors; and 

13 ‘‘(ii) should adjust vendor reimburse14 ment levels more frequently to reflect pro15 gram food price changes in the marketplace. 

16 ‘‘(I) AUTHORIZATION OF APPROPRIA17 TIONS.— 

18 ‘‘(i) IN GENERAL.—There is authorized 

19 to be appropriated to carry out this para20 graph $25,000,000 for each of fiscal years 

21 2017 through 2019. 

22 ‘‘(ii) USE.—The Secretary shall allo23 cate the funds made available under this 

24 subparagraph to States for purposes of enVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
156 

•HR 5003 RH

1 hancing and accelerating the implementa2 tion of electronic benefit transfer systems. 

3 ‘‘(J) PENALTY FOR NONCOMPLIANCE.—For 

4 any State agency that fails to comply with sub5 paragraph (B), including a State agency receiv6 ing an exemption under subparagraph (C), the 

7 Secretary shall— 

8 ‘‘(i) withhold such amounts otherwise 

9 required to be allocated to the State agency 

10 for nutrition services and administration as 

11 the Secretary determines to be appropriate; 

12 and 

13 ‘‘(ii) direct the amounts withheld for 

14 use by the State agency solely for achieving 

15 compliance with subparagraph (B).’’; and 

16 (E) in paragraph (13), by adding at the 

17 end the following: 

18 ‘‘(C) ACCESS.—The Secretary shall make 

19 available upon request the national universal 

20 product code database to vendors approved for 

21 participation in the special supplemental food 

22 program established under this section.’’; 

23 (8) by striking subsection (k); 

24 (9) by redesignating subsections (l) through (q) 

25 as subsections (k) through (p), respectively; 


lotter on DSK5VPTVN1PROD with BILLS
157 

•HR 5003 RH

1 (10) in subsection (o) (as so redesignated)— 

2 (A) in paragraphs (1) and (2)(B), by strik3 ing ‘‘subsection (o)(1)(A)’’ each place it appears 

4 and inserting ‘‘subsection (n)(1)(A)’’; 

5 (B) in paragraph (5)— 

6 (i) in subparagraph (C), by striking 

7 ‘‘and’’ at the end; 

8 (ii) in subparagraph (D), by striking 

9 the period at the end and inserting ‘‘; and’’; 

10 and 

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

13 ‘‘(E) fifth, to reimburse any WIC infant 

14 formula manufacturer for any rebate provided to 

15 the State agency on WIC infant formula unlaw16 fully trafficked under a provision of law de17 scribed in paragraph (2).’’; and 

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

19 ‘‘(6) NOTICE OF INVESTIGATION.— 

20 ‘‘(A) IN GENERAL.—For any investigation 

21 into the trafficking of WIC infant formula pur22 suant to this subsection, the Secretary shall pro23 vide notice of resolution of the disposition of an 

24 unlawful action resulting from the investigation 


lotter on DSK5VPTVN1PROD with BILLS
158 

•HR 5003 RH

1 to all contracted manufacturers of the trafficked 

2 infant formula. 

3 ‘‘(B) ESTIMATES.—Not later than 60 days 

4 after the date on which notice is provided under 

5 subparagraph (A), the State shall submit to the 

6 contracted manufacturer an estimate of— 

7 ‘‘(i) the number of units, if any, for 

8 which rebates may have been issued as a re9 sult of the violation; and 

10 ‘‘(ii) the total dollar amount of the re11 bates.’’; and 

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

13 ‘‘(q) FRAUD AND SAFETY REVIEW.— 

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

15 after the date of the enactment of the Improving Child 

16 Nutrition and Education Act of 2016, the Secretary 

17 shall review current guidance, regulations, and prac18 tices regarding fraud and safety for purposes of this 

19 section. 

20 ‘‘(2) INCLUSIONS.—The review under paragraph 

21 (1) shall include a review of issues relating to— 

22 ‘‘(A) excess and unused infant formula; 

23 ‘‘(B) invoices pertaining to products subject 

24 to rebate; 


lotter on DSK5VPTVN1PROD with BILLS
159 

•HR 5003 RH

1 ‘‘(C) the sale of infant formula by unau2 thorized entities; and 

3 ‘‘(D) the purchase of infant formula from 

4 unauthorized entities. 

5 ‘‘(3) UPDATES.—Based on the findings of the re6 view under paragraph (1), the Secretary shall update 

7 current regulations and guidance and issue addi8 tional regulations and guidance, as necessary— 

9 ‘‘(A) to minimize fraud; and 

10 ‘‘(B) to ensure the safety of participants. 

11 ‘‘(r) COOPERATION WITH LAW ENFORCEMENT AGEN12 CIES.—Notwithstanding any other provision of law, State 

13 agencies and law enforcement agencies shall share WIC ven14 dor information relating to investigations or prosecutions 

15 under the program under this section, as determined by the 

16 Secretary. 

17 ‘‘(s) PILOT PROJECTS.— 

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

19 Secretary may conduct pilot projects to test alter20 native certification and food delivery procedures 

21 under this section. 

22 ‘‘(2) PROHIBITION.—In conducting pilot projects 

23 under paragraph (1), the Secretary may not waive or 

24 modify the application of program eligibility, supple25 mental foods, or cost containment requirements. 


lotter on DSK5VPTVN1PROD with BILLS
160 

•HR 5003 RH

1 ‘‘(3) EVALUATION.—The Secretary shall evaluate 

2 each pilot project carried out under this subsection 

3 after the pilot project has been in operation for 3 

4 years.’’. 

5 (b) WIC FARMER’S MARKET.—Section 17(l)(9)(A) of 

6 the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(9)(A)), 

7 as redesignated by section 206(a)(9), is amended to read 

8 as follows: 

9 ‘‘(A) AUTHORIZATION OF APPROPRIA10 TIONS.—There are authorized to be appropriated 

11 to carry out this subsection $18,548,000 for each 

12 of fiscal years 2017 through 2021.’’. 

13 (c) REVIEW OF ADJUNCTIVE ELIGIBILITY FOR WIC.— 

14 (1) DEFINITIONS.—In this subsection: 

15 (A) ADJUNCTIVELY ELIGIBLE.—The term 

16 ‘‘adjunctively eligible’’ with respect to an indi17 vidual, means an individual who is eligible for 

18 WIC under section 17(d)(2)(A)(iii) of the Child 

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

20 1786(d)(2)(A)(iii)). 

21 (B) COMPTROLLER GENERAL.—The term 

22 ‘‘Comptroller General’’ means the Comptroller 

23 General of the United States. 


lotter on DSK5VPTVN1PROD with BILLS
161 

•HR 5003 RH

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 seq.). 

4 (D) POVERTY LINE.—The term ‘‘poverty 

5 line’’ means the most recent annual Federal Pov6 erty Income Guidelines published by the Depart7 ment of Health and Human Services. 

8 (E) WIC.—The term ‘‘WIC’’ means the spe9 cial supplemental nutrition program for women, 

10 infants, and children established by section 17 of 

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

12 1786). 

13 (2) STUDY.—The Comptroller General shall con14 duct a study to examine the impact of adjunctive eli15 gibility on WIC participation, including the adminis16 trative burden, number of participants in WIC, and 

17 other impacts on the participants. 

18 (3) ADJUNCTIVE ELIGIBILITY AND INCOME OF

19 WIC PARTICIPANTS.— 

20 (A) IN GENERAL.—In conducting the study 

21 described in paragraph (2), the Comptroller Gen22 eral shall examine the extent to which individ23 uals certified as adjunctively eligible to receive 

24 supplemental foods and services through WIC 


lotter on DSK5VPTVN1PROD with BILLS
162 

•HR 5003 RH

1 have income above 185 percent of the poverty 

2 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 chil10 dren participating in WIC; 

11 (II) an estimate of the share of in12 dividuals described in subclause (I) 

13 who are certified as adjunctively eligi14 ble under section 17(d)(2)(A)(iii) of the 

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

16 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 Med20 icaid eligibility) is above 185 percent 

21 of the poverty line, above 250 percent 

22 of the poverty line, above 300 percent 

23 of the poverty line, and above any 

24 other demarcation thresholds as deter25 mined by the Comptroller General. 


lotter on DSK5VPTVN1PROD with BILLS
163 

•HR 5003 RH

1 (ii) SOURCES.—The Comptroller Gen2 eral shall collect the information described 

3 in clause (i) from— 

4 (I) WIC program data for sub5 clauses (I) and (II) of that clause; and 

6 (II) a review of the income of a 

7 representative sample of WIC partici8 pants (for purposes of Medicaid eligi9 bility) at the time of WIC certification 

10 (for subclause (III) of that clause). 

11 (iii) OTHER.—The estimate developed 

12 under clause (i)(III) shall be based on data 

13 collected in selected States in which the in14 come eligibility limit for infants under 1 

15 year of age for Medicaid is at or above 185 

16 percent of the poverty line. 

17 (4) USE OF INCOME DATA TO INFORM MEDICAID

18 ADJUNCTIVE ELIGIBILITY DETERMINATIONS.— 

19 (A) IN GENERAL.—Following collection of 

20 the data described in paragraph (3), the Comp21 troller General shall assess the feasibility, bene22 fits, and costs of requiring that WIC use an 

23 automated process to document that only appli24 cants with income below a specified threshold 


lotter on DSK5VPTVN1PROD with BILLS
164 

•HR 5003 RH

1 may be certified as adjunctively eligible based 

2 solely on Medicaid receipt. 

3 (B) SCOPE.—The assessment described in 

4 subparagraph (A) shall include an evaluation of 

5 the capacity of the management information sys6 tems for both WIC and Medicaid, including the 

7 ability of the systems to exchange data. 

8 (C) WIC MANAGEMENT INFORMATION SYS9 TEMS.—The Comptroller General shall assess— 

10 (i) which State agencies and tribal or11 ganizations operating WIC use management 

12 information systems with the capacity, via 

13 an automated process, for local WIC clinics 

14 to document— 

15 (I) income as a share of the pov16 erty level for purposes of Medicaid eli17 gibility; or 

18 (II) Medicaid enrollment and in19 come below a specified level; 

20 (ii) the steps necessary to prepare all 

21 local WIC clinics to obtain and to access 

22 that income information as a part of the 

23 WIC application process as well as part of 

24 the associated costs of modifying WIC auto25 mated systems and training staff; and 


lotter on DSK5VPTVN1PROD with BILLS
165 

•HR 5003 RH

1 (iii) other information determined rel2 evant by the Comptroller General, such as 

3 the impact of the identified steps on admin4 istrative costs, clinical services, and waiting 

5 times for appointments. 

6 (D) MEDICAID MANAGEMENT INFORMATION

7 SYSTEMS.—The Comptroller General shall as8 sess— 

9 (i) whether State’s mechanized claims 

10 processing and information retrieval sys11 tems under section 1903(a)(3)(A)(i) of the 

12 Social Security Act (42 U.S.C. 

13 1396b(a)(3)(A)(i)) have the capacity to pro14 vide, at the time of WIC certification and 

15 via an automated process, data to an agen16 cy or tribal organization operating WIC re17 garding— 

18 (I) income as a share of the pov19 erty level for purposes of Medicaid eli20 gibility; or 

21 (II) whether a Medicaid recipient 

22 has income below a specified level; 

23 (ii) the steps necessary to ensure that 

24 mechanized claims processing and informa25 tion retrieval systems in States for which 


lotter on DSK5VPTVN1PROD with BILLS
166 

•HR 5003 RH

1 the income eligibility limit for infants 

2 under 1 year of age under Medicaid is 

3 above 185 percent of the poverty line have 

4 the capacity to provide the information de5 scribed in clause (i) to local WIC clinics for 

6 the purpose of documenting adjunctive eligi7 bility under an option that would limit 

8 that eligibility to individuals with income 

9 below a specific threshold; and 

10 (iii) other information determined rel11 evant by the Comptroller General and the 

12 Secretary of Health and Human Services, 

13 including the impact of the identified steps 

14 on administrative costs. 

15 (5) REPORT.—Not later than 18 months after the 

16 date of the enactment of this Act, the Comptroller 

17 General shall submit to the Committee on Education 

18 and the Workforce of the House of Representatives 

19 and the Committee on Agriculture, Nutrition, and 

20 Forestry of the Senate a report describing— 

21 (A) the data collected under paragraph (3); 

22 (B) the assessments made under paragraph 

23 (4); and 

24 (C) the feasibility, costs, and benefits of a 

25 new requirement that would only permit adjuncVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
167 

•HR 5003 RH

1 tive eligibility for individuals with household in2 come below a specified level. 

3 SEC. 207. TEAM NUTRITION NETWORK. 

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

5 U.S.C. 1788) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

8 (i) by inserting ‘‘evidence-based’’ before 

9 ‘‘team nutrition messages’’; and 

10 (ii) by striking ‘‘developed by the Sec11 retary’’; 

12 (B) in paragraph (2), by inserting ‘‘under 

13 this Act and the Richard B. Russell National 

14 School Lunch Act (42 U.S.C. 1751 et seq.)’’ be15 fore the semicolon at the end; 

16 (C) in paragraph (4), by striking ‘‘pur17 poses; and’’ and inserting the following: ‘‘pur18 poses, including if appropriate— 

19 ‘‘(A) State and local nutrition education 

20 programs, health and wellness policies, nutrition 

21 and health education resources, and other State 

22 resources; and 

23 ‘‘(B) Federal nutrition education efforts, in24 cluding those programs under this Act and the 


lotter on DSK5VPTVN1PROD with BILLS
168 

•HR 5003 RH

1 Richard B. Russell National School Lunch Act 

2 (42 U.S.C. 1751 et seq.);’’; and 

3 (D) in paragraph (5)— 

4 (i) by striking ‘‘helping children to 

5 maintain a healthy weight by’’; and 

6 (ii) by inserting ‘‘in and out of school’’ 

7 before the period at the end; 

8 (2) in subsection (b), by striking ‘‘(b)’’ and all 

9 that follows through ‘‘In this section, the term’’ and 

10 inserting the following: 

11 ‘‘(b) DEFINITIONS.—In this section: 

12 ‘‘(1) NUTRITION EDUCATION.—The term ‘nutri13 tion education’ means the provision of individual or 

14 group learning opportunities and materials for chil15 dren and families that— 

16 ‘‘(A) emphasize the relationship between nu17 trition, physical activity, and health with a goal 

18 of improving long-term dietary and physical 

19 health and increasing food security; and 

20 ‘‘(B) include learning about food prepara21 tion. 

22 ‘‘(2) TEAM NUTRITION NETWORK.—The term’’; 

23 (3) in subsection (c)— 

24 (A) by striking the subsection heading and 

25 inserting ‘‘STATE NETWORK GRANTS.—’’; and 


lotter on DSK5VPTVN1PROD with BILLS
169 

•HR 5003 RH

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

2 ‘‘(4) ALLOCATION.—Subject to the availability of 

3 funds for use in carrying out this subsection, the total 

4 amount of funds made available for a fiscal year for 

5 grants under this subsection shall equal not more 

6 than the sum of— 

7 ‘‘(A) the product obtained by multiplying 

1 8 ⁄2 cent by the number of lunches reimbursed 

9 through food service programs under the Richard 

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

11 1751 et seq.) during the second preceding fiscal 

12 year in schools, institutions, and service institu13 tions that participate in the food service pro14 grams; and 

15 ‘‘(B) the total value of funds received by the 

16 Secretary in support of this subsection from non17 governmental sources. 

18 ‘‘(5) REQUIREMENTS FOR STATE PARTICIPA19 TION.—To be eligible to receive a grant under this 

20 subsection, a State agency shall submit to the Sec21 retary a plan, at such time and in such manner as 

22 the Secretary may require, including— 

23 ‘‘(A) a description of the goals and proposed 

24 State plan for addressing the nutrition of chil25 dren; 


lotter on DSK5VPTVN1PROD with BILLS
170 

•HR 5003 RH

1 ‘‘(B) a description of the means by which 

2 the State agency will use and disseminate the 

3 team nutrition messages and material to chil4 dren and, if appropriate, families of such chil5 dren; 

6 ‘‘(C) an explanation of the ways in which 

7 the State agency will use the funds from the 

8 grant to work toward the goals required under 

9 clause (i), and to promote healthy eating in 

10 schools throughout the State; 

11 ‘‘(D) a description of the ways in which the 

12 State team nutrition network messages and ac13 tivities will be coordinated at the State and local 

14 level with other community health promotion 

15 and education activities; 

16 ‘‘(E) an annual summary of the team nu17 trition network activities and their effectiveness; 

18 ‘‘(F) a description of the ways in which 

19 school environments might support healthy eat20 ing and physical activity; and 

21 ‘‘(G) a description of how all communica22 tions to parents and legal guardians of students 

23 who are members of a household receiving infor24 mation under the program shall be in an under25 standable and uniform format and, to the maxVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
171 

•HR 5003 RH

1 imum extent practicable, in a language that par2 ents and legal guardians can understand. 

3 ‘‘(6) STATE COORDINATOR.—Each State that re4 ceives a grant under this subsection may appoint a 

5 team nutrition network coordinator. Such coordinator 

6 shall implement comprehensive, coordinated nutrition 

7 education programming through the team nutrition 

8 network, including to assist schools, school food au9 thorities, and other child nutrition program providers 

10 in the State to administer and coordinate the team 

11 nutrition network activities. 

12 ‘‘(7) AUTHORIZED ACTIVITIES.—A State agency 

13 that receives a grant under this section may use funds 

14 from the grant to— 

15 ‘‘(A) identify the programs and services 

16 available to meet the health and nutritional 

17 needs of children and families in the State; 

18 ‘‘(B) disseminate team nutrition network 

19 messages and material that provide comprehen20 sive, coordinated nutrition and physical fitness 

21 awareness and obesity prevention education; 

22 ‘‘(C) implement demonstration projects in 

23 schools to promote physical activity and to en24 hance the nutrition education provided to stu25 dents; 


lotter on DSK5VPTVN1PROD with BILLS
172 

•HR 5003 RH

1 ‘‘(D) improve access to local foods through 

2 coordinating with farm-to-school grant activities 

3 that include the provision of nutrition education; 

4 ‘‘(E) encourage schools to develop healthy 

5 eating and lifestyle policies; 

6 ‘‘(F) provide training and technical assist7 ance to teachers and school food service profes8 sionals consistent with the purposes of this sub9 section; and 

10 ‘‘(G) collaborate with public and private 

11 and faith-based organizations, including commu12 nity-based organizations, State medical associa13 tions, and public health groups, to provide nutri14 tion and physical education targeting lower in15 come children, ethnic minorities, and youth at a 

16 greater risk for obesity or malnourishment.’’; 

17 (4) by striking subsections (d) through (g) and 

18 (k); 

19 (5) by redesignating subsections (h) through (j) 

20 as subsections (d) through (f), respectively; 

21 (6) by redesignating subsection (l) as subsection 

22 (g); 

23 (7) in subsection (d) (as so redesignated)— 

24 (A) in the subsection heading, by inserting 

25 ‘‘EDUCATION’’ after ‘‘NUTRITION’’; 


lotter on DSK5VPTVN1PROD with BILLS
173 

•HR 5003 RH

1 (B) in paragraph (5)— 

2 (i) in subparagraph (A)— 

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

4 ‘‘and’’ at the end; and 

5 (II) by adding at the end the fol6 lowing: 

7 ‘‘(iii) incorporate nutrition education 

8 into physical and health education, and, if 

9 appropriate, afterschool programs, includ10 ing athletics; and’’; and 

11 (ii) in subparagraph (B)— 

12 (I) by striking clause (iv); 

13 (II) in clause (vii), by striking ‘‘a 

14 variety of healthy foods’’ and all that 

15 follows through ‘‘fruit bars’’ and in16 serting ‘‘a variety of healthy foods, in17 cluding through initiatives to cre18 atively market such foods’’; 

19 (III) in clause (viii), by striking 

20 ‘‘low-fat and nutrient dense’’ and in21 serting ‘‘healthy’’; and 

22 (IV) by redesignating clauses (v) 

23 through (ix) as clauses (iv) through 

24 (viii), respectively; 


lotter on DSK5VPTVN1PROD with BILLS
174 

•HR 5003 RH

1 (8) in subsection (e) (as so redesignated), by 

2 striking ‘‘may provide for technical assistance and 

3 grants’’ and inserting ‘‘shall provide for technical as4 sistance’’; and 

5 (9) in subsection (g) (as so redesignated) by 

6 striking ‘‘such sums’’ and all that follows through the 

7 period at the end and inserting ‘‘to carry out this sec8 tion $17,000,000 for each fiscal year.’’. 

9 TITLE III—MISCELLANEOUS 

10 SEC. 301. REVIEWS. 

11 (a) TRIBAL FOODS.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of the enactment of this Act, the Secretary 

14 shall review— 

15 (A) the barriers to including tribally pro16 duced, traditional, and culturally appropriate 

17 foods in child nutrition programs (as defined in 

18 section 25(b) of the Richard B. Russell National 

19 School Lunch Act (42 U.S.C. 1769f (b)) within 

20 tribal schools; and 

21 (B) the means of encouraging and assisting 

22 enhanced inclusion of foods described in subpara23 graph (A) in child nutrition programs. 

24 (2) SCOPE.—In carrying out the review de25 scribed in paragraph (1), the Secretary shall— 


lotter on DSK5VPTVN1PROD with BILLS
175 

•HR 5003 RH

1 (A) survey and compile resources of the De2 partment of Agriculture on the issue described in 

3 paragraph (1)(A); 

4 (B) if necessary, clarify relevant Federal 

5 regulations governing schools and tribal pro6 ducers, including regulations relating to procure7 ment, reimbursement, and food safety; 

8 (C) involve all relevant agencies, including 

9 the Food and Nutrition Service and Office of 

10 Tribal Relations of the Department of Agri11 culture; and 

12 (D) submit to Congress a report describing 

13 the results of the review. 

14 (b) USE OF PROGRAM DATA.— 

15 (1) IN GENERAL.—The Secretary, jointly with 

16 the Secretary of Education, shall— 

17 (A) review information regarding available 

18 alternative data sets for use in programs that 

19 are using free and reduced price meals data; and 

20 (B) determine the appropriateness of using 

21 such alternative data sets in place of free and re22 duced price meal program data by other pro23 grams to reduce the burden on local school food 

24 authorities. 


lotter on DSK5VPTVN1PROD with BILLS
176 

•HR 5003 RH

1 (2) REPORT TO CONGRESS.—Not later than 1 

2 year after the date of the enactment of this Act, the 

3 Secretaries shall submit to the Committee on Edu4 cation and the Workforce of the House of Representa5 tives and the Committee on Agriculture, Nutrition, 

6 and Forestry of the Senate a report that describes the 

7 results of the review and any recommendations of the 

8 Secretaries. 

9 (c) CREDITING AND LABELING PROGRAM.— 

10 (1) IN GENERAL.—The Secretary shall review 

11 and update the system of crediting and the voluntary 

12 child nutrition labeling program used in admin13 istering— 

14 (A) the school lunch program established 

15 under the Richard B. Russell National School 

16 Lunch Act (42 U.S.C. 1751 et seq.); and 

17 (B) the school breakfast program established 

18 by section 4 of the Child Nutrition Act of 1966 

19 (42 U.S.C. 1773). 

20 (2) SCOPE.—The review described in paragraph 

21 (1) shall include, at a minimum— 

22 (A) the treatment of food products within 

23 previously established food categories and new 

24 products that have entered the commercial mar25 ketplace since the system of crediting and the 


lotter on DSK5VPTVN1PROD with BILLS
177 

•HR 5003 RH

1 voluntary child nutrition labeling program were 

2 developed; and 

3 (B) the timeliness in which applications for 

4 labels under the voluntary child nutrition label5 ing program are reviewed and are granted or de6 nied. 

7 (3) REPORT TO CONGRESS.—Not later than 1 

8 year after the date of the enactment of this Act, the 

9 Secretary shall submit to the Committee on Edu10 cation and the Workforce of the House of Representa11 tives and the Committee on Agriculture, Nutrition, 

12 and Forestry of the Senate a report that describes the 

13 results of the review and any recommendations of the 

14 Secretary. 

15 (d) NUTRITIONAL ANALYSIS.—The Secretary shall— 

16 (1) review the practicability and feasibility of— 

17 (A) conducting a nutritional analysis, 

18 using publicly and commercially available nutri19 tional information, of food products that are vol20 untarily submitted for use in child nutrition 

21 programs, outside of the reimbursable school 

22 meal; and 

23 (B) aggregating and making the informa24 tion obtained through that nutritional analysis 

25 publicly available for use by school food authoriVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
178 

•HR 5003 RH

1 ties, food manufacturers, and other interested 

2 parties; and 

3 (2) if found practicable and feasible, proceed 

4 with the analysis, aggregation, and public avail5 ability. 

6 (e) OTHER.— 

7 (1) IN GENERAL.—The Secretary shall review— 

8 (A) the cost differences between— 

9 (i) providing meals and supplements 

10 under the Richard B. Russell National 

11 School Act (42 U.S.C. 1751 et seq.) and sec12 tion 4 of the Child Nutrition Act of 1966 

13 (42 U.S.C. 1773) in Palau, Guam, Amer14 ican Samoa, the Commonwealth of Puerto 

15 Rico, the United States Virgin Islands, and 

16 the Commonwealth of the Northern Mariana 

17 Islands, respectively; and 

18 (ii) the average cost of providing meals 

19 and supplements under those provisions of 

20 law in the 50 States and the District of Co21 lumbia; and 

22 (B) the relation of the cost differences deter23 mined under subparagraph (A) to the national 

24 average payment rates for meals and supple25 ments prescribed under sections 4, 11, 13, and 


lotter on DSK5VPTVN1PROD with BILLS
179 

•HR 5003 RH

1 17 of the Richard B. Russell National School 

2 Lunch Act (42 U.S.C. 1753, 1759a, 1761, 1766) 

3 and section 4(b) of the Child Nutrition Act of 

4 1966 (42 U.S.C. 1773(b)). 

5 (2) REPORT TO CONGRESS.—Not later than 1 

6 year after the date of the enactment of this Act, the 

7 Secretary shall submit to the Committee on Edu8 cation and the Workforce of the House of Representa9 tives and the Committee on Agriculture, Nutrition, 

10 and Forestry of the Senate a report that describes the 

11 results of the review and any recommendations of the 

12 Secretary. 

13 (f) UNLAWFUL ACTIVITY.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of the enactment of this Act, the Secretary 

16 shall review— 

17 (A) the number of instances and types of 

18 unlawful activity that occurred in the preceding 

19 3 years, including, at a minimum, instances of 

20 fraud, bid-rigging, and any other anticompeti21 tive activities carried out in connection with 

22 supplying, providing, or selling goods or services 

23 for a program under the Richard B. Russell Na24 tional School Lunch Act (42 U.S.C. 1751 et seq.) 


lotter on DSK5VPTVN1PROD with BILLS
180 

•HR 5003 RH

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

2 1771 et seq.); and 

3 (B) the practices and procedures currently 

4 used by the Department of Agriculture to prevent 

5 unlawful activity described in subparagraph (A). 

6 (2) SECRETARIAL RESPONSE.—Following com7 pletion of the review described in paragraph (1), the 

8 Secretary shall respond, if appropriate, by taking ac9 tion to reduce such unlawful activity, including, at a 

10 minimum— 

11 (A) revising any relevant guidance and reg12 ulations; 

13 (B) issuing fines authorized under sub14 section (g) of section 25 of the Richard B. Rus15 sell National School Lunch Act (42 U.S.C. 

16 1769f) (as amended by section 115); and 

17 (C) submitting to the appropriate commit18 tees of Congress recommendations for any legisla19 tive changes needed to enhance program over20 sight. 

21 (3) SCOPE.—The actions described in paragraph 

22 (2) shall be designed to reduce— 

23 (A) anticompetitive activities, including 

24 bid-rigging, price-fixing, the allocation of cusVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
181 

•HR 5003 RH

1 tomers between competitors, or other violation of 

2 Federal or State antitrust laws; 

3 (B) fraud, bribery, theft, forgery, or embez4 zlement; 

5 (C) knowingly receiving stolen property; 

6 (D) making a false claim or statement; or 

7 (E) any other obstruction of justice. 

8 (g) INFANT FORMULA.—Not later than 180 days after 

9 the date of enactment of this Act, the Secretary shall— 

10 (1) review the current regulations regarding ca11 loric density standards for infant formula made 

12 available in the special supplemental nutrition pro13 gram for women, infants, and children established by 

14 section 17 of the Child Nutrition Act of 1966 (42 

15 U.S.C. 1786); and 

16 (2) as appropriate, update the regulations based 

17 on the most recent scientific knowledge available. 

18 SEC. 302. PROGRAM DELIVERY. 

19 (a) STREAMLINING.—The Secretary shall work with 

20 States participating in programs authorized under the 

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

22 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 

23 1771 et seq.) to encourage— 


lotter on DSK5VPTVN1PROD with BILLS
182 

•HR 5003 RH

1 (1) streamlining of program administration, in2 cluding data collection and reporting requirements, at 

3 the State level; 

4 (2) communication among State agencies admin5 istering the programs; 

6 (3) coordination of administration of Federal 

7 benefits at the State level to ensure efficiency of pro8 gram delivery and improved access to participants, 

9 including efficiencies for operation between the special 

10 supplemental nutrition program for women, infants, 

11 and children under section 17 of the Child Nutrition 

12 Act of 1966 (42 U.S.C. 1786) and the program under 

13 subsection (m) of such section (42 U.S.C. 1786); and 

14 (4) consolidation and elimination of duplicative 

15 or unnecessary Federal and State reporting require16 ments. 

17 (b) STUDY.—The Secretary, through an independent 

18 researcher with expertise in economics or government effi19 ciency, shall conduct a study on the school meal programs 

20 under the Richard B. Russell National School Lunch (42 

21 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition 

22 Act of 1966 (42 U.S.C. 1773) to examine alternative fund23 ing mechanisms and delivery to improve program effective24 ness and efficiency while reducing program costs, by— 


lotter on DSK5VPTVN1PROD with BILLS
183 

•HR 5003 RH

1 (1) analyzing how businesses currently partner 

2 with schools or institutions to operate the school meal 

3 programs, and examining better ways to work with 

4 private sector businesses in the programs; 

5 (2) providing analysis and recommendations on 

6 improvements to the programs by lowering adminis7 trative and program costs to schools, local educational 

8 agencies, States, and the Federal government, includ9 ing analysis and recommendations with respect to— 

10 (A) financial impacts, including estimating 

11 potential cost-savings of business participation 

12 for families, schools, local educational agencies, 

13 States, and the Federal government; 

14 (B) regulatory and other barriers pre15 venting business participation, and how to re16 move such barriers to encourage such business 

17 participation; and 

18 (C) regulatory and other barriers to better 

19 utilize donations, including donations of food 

20 products, while still complying with food safety 

21 requirements; and 

22 (3) considering the factors the Secretary is work23 ing on with States under subsection (a), while car24 rying out the analysis under paragraphs (1) and (2) 

25 of this subsection. 


lotter on DSK5VPTVN1PROD with BILLS
184 

•HR 5003 RH

1 (c) FURTHER ACTIONS.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary shall— 

3 (1) make the regulatory and guidance changes 

4 recommended under subsections (a) and (b); and 

5 (2) submit to the Committee on Education and 

6 the Workforce of the House of Representatives and the 

7 Committee on Agriculture, Nutrition, and Forestry of 

8 the Senate— 

9 (A) the findings of the study conducted 

10 under subsection (b); 

11 (B) a plan for legislative and regulatory ac12 tion, including— 

13 (i) a timetable of action for regulatory 

14 relief; and 

15 (ii) recommendations for legislative ac16 tion required to improve program efficiency 

17 and lower administrative costs for the 

18 school meal programs. 

19 (d) SPENDING LIMITATION.—Not more than a total of 

20 $475,000 shall be used to carry out subsections (b) and (c). 

21 SEC. 303. PRODUCT AVAILABILITY. 

22 (a) IN GENERAL.—The Secretary shall, to the extent 

23 practicable, make available lactose-free milk with an ex24 tended shelf life for use in the commodity distribution proVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
185 

•HR 5003 RH

1 gram authorized under section 14 of the Richard B. Russell 

2 National School Lunch Act (42 U.S.C. 1762a). 

3 (b) SIZE AND FORM.—The milk described in subsection 

4 (a) shall, to the extent practicable, be made available in 

5 a size and form acceptable for and conducive to consump6 tion by school-aged children. 

7 SEC. 304. PROCUREMENT. 

8 In administering the summer food service program for 

9 children established under section 13 of the Richard B. Rus10 sell National School Lunch Act (42 U.S.C. 1761) and the 

11 child and adult care food program established under section 

12 17 of such Act (42 U.S.C. 1766), the Secretary shall ensure 

13 that— 

14 (1) service institutions participating in the pro15 grams have flexibility in determining the frequency of 

16 procurement and food items included in each solicita17 tion; and 

18 (2) any procurement procedure implemented by 

19 a State agency is cost effective and efficient in meet20 ing the relevant meal pattern requirements. 

21 SEC. 305. SCHOOL NUTRITION ADVISORY COMMITTEE. 

22 (a) ESTABLISHMENT.—Not later than 120 days after 

23 the date of the enactment of this Act, the Secretary shall 

24 establish a School Nutrition Advisory Committee (referred 

25 to in this section as the ‘‘Committee’’) to provide input in 


lotter on DSK5VPTVN1PROD with BILLS
186 

•HR 5003 RH

1 the administration of the school lunch program authorized 

2 under the Richard B. Russell National School Lunch Act 

3 (42 U.S.C. 1751 et seq.) and the school breakfast program 

4 established by section 4 of the Child Nutrition Act of 1966 

5 (42 U.S.C. 1773) (referred to in this section as ‘‘child nutri6 tion programs’’). 

7 (b) MEMBERSHIP.— 

8 (1) COMPOSITION.—Members of the Committee 

9 shall be appointed by the Secretary from rec10 ommendations made by the chair and ranking mem11 ber of the Committee on Education and the Workforce 

12 of the House of Representatives and the Committee on 

13 Agriculture, Nutrition, and Forestry of the Senate. 

14 Membership on the Committee shall represent the fol15 lowing stakeholders: 

16 (A) An organization that conducts research 

17 and advocates on issues relating to child nutri18 tion. 

19 (B) An organization that advocates for car20 diac health. 

21 (C) A professional organization rep22 resenting dietitians. 

23 (D) A trade association representing fruit 

24 and vegetable growers. 


lotter on DSK5VPTVN1PROD with BILLS
187 

•HR 5003 RH

1 (E) A coalition of large urban school food 

2 authorities. 

3 (F) 2 representatives from State agencies 

4 that administer the child nutrition programs. 

5 (G) A professional organization rep6 resenting school food employees. 

7 (H) A professional organization rep8 resenting school board members. 

9 (I) A council representing large school dis10 tricts. 

11 (J) A professional association representing 

12 school administrators. 

13 (K) An entity that processes and manufac14 tures meat products. 

15 (L) An entity that processes and manufac16 tures dairy products. 

17 (M) An entity that processes and manufac18 tures grain products. 

19 (N) An entity that assists suppliers and 

20 school food authorities in selling and obtaining 

21 food products. 

22 (O) A school food authority located in each 

23 of the 7 regions established for activities of the 

24 Food and Nutrition Service, including— 


lotter on DSK5VPTVN1PROD with BILLS
188 

•HR 5003 RH

1 (i) 3 representatives from districts lo2 cated in rural areas; 

3 (ii) 2 representatives from districts lo4 cated in urban areas; and 

5 (iii) 2 representatives from districts lo6 cated in urban cluster areas as defined by 

7 census tract data. 

8 (P) A council that represents public officials 

9 who head departments of elementary and sec10 ondary education. 

11 (Q) A professional organization rep12 resenting pediatricians. 

13 (2) TERMS.—The members will serve on the 

14 Committee for a 3-year term. The chairmen of each 

15 congressional committee, under paragraph (1) shall 

16 alternate in appointing a chair and vice chair of the 

17 committee. 

18 (c) FUNCTION.—The Committee shall— 

19 (1) provide a venue for communication between 

20 stakeholders and the Department of Agriculture re21 garding child nutrition programs; 

22 (2) give insight into child nutrition program im23 plementation; 


lotter on DSK5VPTVN1PROD with BILLS
189 

•HR 5003 RH

1 (3) review and make recommendations to the 

2 Secretary on policy development involving child nu3 trition programs; and 

4 (4) evaluate methods for programmatic and ad5 ministrative improvement of child nutrition pro6 grams. 

7 (d) MEETINGS.—The Committee shall meet quarterly. 

8 (e) STAFFING.—The Secretary shall provide such staff 

9 personnel as may be required to assist the Committee in 

10 carrying out the duties of the Committee, but such staff 

11 shall not interfere in the discussions or conclusions reached 

12 by the Committee. 

13 (f) TERMINATION.—The authority of the Committee 

14 shall terminate on September 30, 2025. 

15 SEC. 306. PAPERWORK REDUCTION. 

16 (a) IN GENERAL.—For any program authorized under 

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

18 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 

19 U.S.C. 1771 et seq.), the Secretary shall— 

20 (1) periodically review regulations, guidance, 

21 and other requirements to evaluate the volume of in22 formation required to be reported to the Department 

23 of Agriculture by program participants; and 

24 (2) if appropriate, streamline or otherwise re25 duce any unnecessary or duplicative paperwork, reVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6203 E:\BILLS\H5003.RH H5003

lotter on DSK5VPTVN1PROD with BILLS
190 

•HR 5003 RH

1 porting requirements, and other administrative bur2 dens while maintaining program integrity. 

3 (b) REPORT.—Not later than 2 years after the date 

4 of the enactment of this Act and every 3 years thereafter, 

5 and upon any publishing of guidance or updated Federal 

6 requirements the Secretary shall submit to the Committee 

7 on Education and the Workforce of the House of Representa8 tives and the Committee on Agriculture, Nutrition, and 

9 Forestry of the Senate a report that describes any action 

10 the Secretary has taken under subsection (a) during the pre11 ceding 3 calendar years, or in the case of a report submitted 

12 based on publishing updated guidance or requirements, a 

13 report on such action, including a determination of appro14 priateness under subsection (a)(2). 

15 SEC. 307. TECHNOLOGY. 

16 (a) USE OF TECHNOLOGY.—Not later than 180 days 

17 after the date of the enactment of this Act, the Secretary 

18 shall— 

19 (1) review the current use of technology in the 

20 school lunch program established under the Richard 

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

22 1751 et seq.) and the school breakfast program estab23 lished by section 4 of the Child Nutrition Act of 1966 

24 (42 U.S.C. 1773); 


lotter on DSK5VPTVN1PROD with BILLS
191 

•HR 5003 RH

1 (2) identify opportunities in which enhanced use 

2 of technology would reduce the rate of errors in ad3 ministration of the programs by State agencies and 

4 local educational agencies; and 

5 (3) encourage State agencies and local edu6 cational agencies to use technology in the areas iden7 tified under paragraph (2). 

8 (b) IDENTIFICATION.—Not later than 180 days after 

9 the date of the enactment of this Act, the Secretary shall— 

10 (1) review the feasibility and evaluate the bene11 fits of using a unique student identifier in the school 

12 lunch program established under the Richard B. Rus13 sell National School Lunch Act (42 U.S.C. 1751 et 

14 seq.) and the school breakfast program established by 

15 section 4 of the Child Nutrition Act of 1966 (42 

16 U.S.C. 1773); 

17 (2) submit to the Committee on Education and 

18 the Workforce of the House of Representatives and the 

19 Committee on Agriculture, Nutrition, and Forestry of 

20 the Senate a report describing the results of the review 

21 under paragraph (1); and 

22 (3) initiate implementation of a system for using 

23 a unique student identifier, unless implementation is 

24 not in the best interest of the programs described in 


lotter on DSK5VPTVN1PROD with BILLS
192 

•HR 5003 RH

1 paragraph (1), or does not adequately protect student 

2 privacy. 

3 SEC. 308. IMPROVING HEALTH AND SAFETY OVERSIGHT 

4 AND MONITORING FOR THE CHILD AND 

5 ADULT CARE FOOD PROGRAM. 

6 Not later than 1 year after the date of enactment of 

7 this Act, the Secretary of Agriculture shall work with the 

8 Secretary of Health and Human Services to improve health 

9 and safety oversight and monitoring practices required 

10 under the child and adult care food program under section 

11 17 of the Richard B. Russell National School Lunch Act 

12 (42 U.S.C. 1766) by issuing guidance to States to— 

13 (1) reduce duplicative monitoring or oversight 

14 practices among such child and adult care food pro15 gram, the programs under the Child Care and Devel16 opment Block Grant Act of 1990 (42 U.S.C. 9858 et 

17 seq.) and the Head Start Act (42 U.S.C. 9831 et seq.), 

18 and other applicable programs; and 

19 (2) provide recommendations in cases in which 

20 separate State agencies administer such programs, in21 cluding practices for streamlining the monitoring of 

22 Federal requirements (including compliance, oper23 ations, and financial requirements as a result of mul24 tiple Federal programmatic regulations), in order to 

25 reduce the burden on participants and States while 


lotter on DSK5VPTVN1PROD with BILLS
193 

•HR 5003 RH

1 enhancing levels of health, safety, and program integ2 rity. 

3 SEC. 309. TECHNICAL CORRECTIONS. 

4 (a) RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH

5 ACT.— 

6 (1) The Richard B. Russell National School 

7 Lunch Act is amended in each of sections 4, 9, 9A, 

8 12, 19, 23, and 25 (42 U.S.C. 1753, 1758,1758b, 

9 1760, 1796a, 1769d, and 1769f) by striking ‘‘Com10 mittee on Education and Labor’’ each place it ap11 pears and inserting ‘‘Committee on Education and 

12 the Workforce’’. 

13 (2) Section 9 of the Richard B. Russell National 

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

15 (A) by striking ‘‘foster child’’ each place it 

16 appears and inserting ‘‘foster youth’’; and 

17 (B) in subsection (b)(5)(B), by striking ‘‘(42 

18 U.S.C. 11434a(2))’’ and inserting ‘‘(42 U.S.C. 

19 11434a(2)))’’. 

20 (3) Section 12 of the Richard B. Russell Na21 tional School Lunch Act (42 U.S.C. 1760) is amended 

22 in subsection (d)(3), by striking ‘‘U.S.C’’ and insert23 ing ‘‘U.S.C.’’. 


lotter on DSK5VPTVN1PROD with BILLS
194 

•HR 5003 RH

1 (4) Section 14(c) of the Richard B. Russell Na2 tional School Lunch Act (42 U.S.C. 1762a(c)) is 

3 amended— 

4 (A) by striking ‘‘section 311(a)(4) of the 

5 Older Americans Act of 1965 (42 U.S.C. 

6 3030(a)(4))’’ and inserting ‘‘section 311(c)(4) of 

7 the Older Americans Act of 1965 (42 U.S.C. 

8 3030a(c)(4))’’; and 

9 (B) by striking ‘‘(42 U.S.C. 3030(b)(1))’’ 

10 and inserting ‘‘(42 U.S.C. 3030a(b)(1))’’. 

11 (b) CHILD NUTRITION ACT OF 1966.— 

12 (1) The Child Nutrition Act of 1966 is amended 

13 in each of sections 10 and 17 (42 U.S.C. 1779, 1786) 

14 by striking ‘‘Committee on Education and Labor’’ 

15 each place it appears and inserting ‘‘Committee on 

16 Education and the Workforce’’. 

17 (2) Section 7(a)(2)(B)(i) of the Child Nutrition 

18 Act of 1966 (42 U.S.C. 1776(a)(2)(B)(i)) is amended 

19 by striking ‘‘clause (ii)’’ and inserting ‘‘clause (ii))’’. 

20 (3) Section 17 of the Child Nutrition Act of 1966 

21 (42 U.S.C. 1786) is amended— 

22 (A) in subsection (h)(4)— 

23 (i) in subparagraph (A)(vi), by strik24 ing ‘‘and’’ at the end; and 


lotter on DSK5VPTVN1PROD with BILLS
195 

•HR 5003 RH

1 (ii) in subparagraph (C)(iv), by strik2 ing ‘‘; and’’ at the end and inserting a pe3 riod; 

4 (B) in subsection (l)(6)(C)(iv), as redesig5 nated by section 206(a)(9) of this Act, by strik6 ing ‘‘(G)(i)’’ each place it appears and inserting 

7 ‘‘(F)(i)’’. 

8 SEC. 310. BUDGETARY EFFECTS. 

9 The budgetary effects of this Act, for the purpose of 

10 complying with the Statutory Pay-As-You-Go Act of 2010, 

11 shall be determined by reference to the latest statement titled 

12 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

13 submitted for printing in the Congressional Record by the 

14 chair of the Committee on the Budget of the House of Rep15 resentatives, provided that such statement has been sub16 mitted prior to the vote on passage. 

17 SEC. 311. EFFECTIVE DATE. 

18 Except as otherwise specifically provided in this Act 

19 or any of the amendments made by this Act, this Act and 

20 the amendments made by this Act take effect on October 

21 1, 2016. 


lotter on DSK5VPTVN1PROD with BILLS
Union Calendar No. 665 

114TH CONGRESS 

2D SESSION H. R. 5003 

[Report No. 114–852, Part I] 

A BILL 

To reauthorize child nutrition programs, and for 

other purposes. 

DECEMBER 8, 2016 

Reported from the Committee on Education and the 

Workforce with an amendment 

DECEMBER 8, 2016 

The Committee on the Budget discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


lotter on DSK5VPTVN1PROD with BILLS