II

105TH CONGRESS

1ST SESSION S. 1556

To improve child nutrition programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 13, 1997

Mr. LEAHY introduced the following bill; which was read twice and referred

to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To improve child nutrition programs, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Child Nutrition Initiatives Act’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—NATIONAL SCHOOL LUNCH ACT

Sec. 101. Grants to integrate food and nutrition projects with elementary

school curricula.

Sec. 102. Summer food service program for children.

Sec. 103. Child and adult care food program.

Sec. 104. Meal supplements for children in afterschool care.

Sec. 105. Homeless children nutrition program.
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Sec. 106. Boarder baby and other pilot projects.

Sec. 107. Information clearinghouse.

TITLE II—CHILD NUTRITION ACT OF 1966

Sec. 201. Area grant program.

Sec. 202. Special supplemental nutrition program for women, infants, and children.

Sec. 203. Nutrition education and training.

1 TITLE I—NATIONAL SCHOOL

2 LUNCH ACT

3 SEC. 101. GRANTS TO INTEGRATE FOOD AND NUTRITION

4 PROJECTS WITH ELEMENTARY SCHOOL CUR5 RICULA.

6 Section 12(m) of the National School Lunch Act (42

7 U.S.C. 1760(m)) is amended—

8 (1) by striking ‘‘(m)(1) The’’ and inserting the

9 following:

10 ‘‘(m) GRANTS TO INTEGRATE FOOD AND NUTRITION

11 PROJECTS WITH ELEMENTARY SCHOOL CURRICULA.—

12 ‘‘(1) IN GENERAL.—Subject to paragraph (5),

13 the’’;

14 (2) by striking paragraph (3) and inserting the

15 following:

16 ‘‘(3) AMOUNT OF GRANTS.—Subject to para17 graph (5), the Secretary shall make grants to each

18 of the 3 private organizations or institutions selected

19 under this subsection in amounts of not less than

20 $60,000, nor more than $130,000, for each of fiscal

21 years 1999 through 2001.’’; and
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1 (3) by striking paragraph (5) and inserting the

2 following:

3 ‘‘(5) PAYMENTS.—

4 ‘‘(A) IN GENERAL.—Out of any moneys in

5 the Treasury not otherwise appropriated, the

6 Secretary of the Treasury shall provide to the

7 Secretary to carry out this subsection $300,000

8 for each of fiscal years 1999 through 2001.

9 ‘‘(B) ENTITLEMENT TO FUNDS.—The Sec10 retary shall be entitled to receive the funds

11 made available under subparagraph (A) and

12 shall accept the funds.

13 ‘‘(C) INSUFFICIENT NUMBER OF APPLI14 CANTS.—The Secretary may expend less than

15 the amount described in subparagraph (A) for

16 a fiscal year to the extent that there is an in17 sufficient number of suitable applicants for

18 grants under this subsection for the fiscal year.

19 ‘‘(D) UNOBLIGATED FUNDS.—Of any

20 funds that are made available, but not obli21 gated, for a fiscal year under this paragraph—

22 ‘‘(i) 25 percent shall remain available

23 until expended; and

24 ‘‘(ii) the remainder shall be returned

25 to the general fund of the Treasury.’’.
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1 SEC. 102. SUMMER FOOD SERVICE PROGRAM FOR CHIL2 DREN.

3 (a) PURPOSES.—Section 13(a)(1) of the National

4 School Lunch Act (42 U.S.C. 1761(a)(1)) is amended in

5 the first sentence by striking ‘‘initiate and maintain’’ and

6 inserting ‘‘initiate, maintain, and expand’’.

7 (b) DEFINITION OF AREAS IN WHICH POOR ECO8 NOMIC CONDITIONS EXIST.—Section 13(a)(1)(C) of the

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

10 amended by striking ‘‘50 percent’’ and inserting ‘‘40 per11 cent’’.

12 (c) COMMERCIAL VENDORS.—Section 13(a)(2) of the

13 National School Lunch Act (42 U.S.C. 1761(a)(2)) is

14 amended in the first sentence—

15 (1) by striking ‘‘institution or’’ and inserting

16 ‘‘institution,’’; and

17 (2) by inserting before the period at the end the

18 following: ‘‘, or by commercial vendors’’.

19 (d) NUMBER OF PRIVATE NONPROFIT ORGANIZA20 TIONS IN A RURAL AREA.—Section 13(a)(7)(B)(i)(II) of

21 the National School Lunch Act (42 U.S.C.

22 1761(a)(7)(B)(i)(II)) is amended by striking ‘‘20 sites’’

23 and inserting ‘‘25 sites’’.

24 (e) SECOND HELPINGS.—Section 13(a) of the Na25 tional School Lunch Act (42 U.S.C. 1761(a)) is amended

26 by adding at the end the following:
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1 ‘‘(8) SECOND HELPINGS.—In carrying out this

2 section, the Secretary shall issue regulations that

3 provide an allowance for a second helping of up to

4 5 percent of the quantity of the first helping

5 served.’’.

6 (f) PAYMENTS.—Section 13(b)(1) of the National

7 School Lunch Act (42 U.S.C. 1761(b)(1)) is amended—

8 (1) in subparagraph (B)(i), by striking ‘‘$1.97’’

9 and inserting ‘‘$2.23’’;

10 (2) in subparagraph (C), by striking ‘‘subpara11 graph (B)’’ and inserting ‘‘subparagraphs (B) and

12 (D)’’; and

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

14 ‘‘(D) REIMBURSEMENT FOR TRANSPOR15 TATION.—

16 ‘‘(i) IN GENERAL.—The Secretary

17 shall provide an additional reimbursement

18 to each eligible service institution located

19 in a very rural area (as defined by the Sec20 retary) for the cost of transporting each

21 child to and from a feeding site for chil22 dren who are brought to the site by the

23 service institution or for whom transpor24 tation is arranged by the service institu25 tion.
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1 ‘‘(ii) AMOUNT.—Subject to clause

2 (iii), the amount of reimbursement pro3 vided to a service institution under this

4 subparagraph may not exceed the lesser

5 of—

6 ‘‘(I) 75 cents per day for each

7 child transported to and from a feed8 ing site; or

9 ‘‘(II) the actual cost of transport10 ing children to, and home from, a

11 feeding site.

12 ‘‘(iii) ADJUSTMENTS.—The amounts

13 specified in clause (ii) shall be adjusted in

14 accordance with subparagraph (C).’’.

15 (g) NUMBER OF MEALS AND SUPPLEMENTS.—Sec16 tion 13(b)(2) of the National School Lunch Act (42 U.S.C.

17 1761(b)(2)) is amended—

18 (1) by redesignating subparagraphs (A) and

19 (B) as clauses (i) and (ii), respectively;

20 (2) by striking ‘‘(2) Any service’’ and inserting

21 the following:

22 ‘‘(2) MEALS AND SUPPLEMENTS.—

23 ‘‘(A) IN GENERAL.—Any service’’;

24 (3) by striking ‘‘3 meals, or 2 meals and 1 sup25 plement,’’ and inserting ‘‘4 meals’’; and
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1 (4) by adding at the end the following:

2 ‘‘(B) CAMPS AND MIGRANT PROGRAMS.—A

3 camp or migrant program may serve a break4 fast, a lunch, a supper, and meal supple5 ments.’’.

6 (h) EXTENSION.—Section 13(q) of the National

7 School Lunch Act (42 U.S.C. 1761(q)) is amended by

8 striking ‘‘1998’’ and inserting ‘‘2003’’.

9 SEC. 103. CHILD AND ADULT CARE FOOD PROGRAM.

10 (a) EXTENSIONS.—Section 17 of the National School

11 Lunch Act (42 U.S.C. 1766) is amended—

12 (1) in subsection (c)(6)(B), by striking ‘‘1997’’

13 and inserting ‘‘2003’’;

14 (2) in subsection (f)(3)(D), by striking ‘‘fiscal

15 year 1997’’ each place it appears and inserting

16 ‘‘each of fiscal years 1997 through 2003’’; and

17 (3) in subsection (p), by striking ‘‘1998’’ each

18 place it appears and inserting ‘‘2003’’.

19 (b) NUMBER OF MEALS AND SUPPLEMENTS.—Sec20 tion 17(f)(2)(B) of the National School Lunch Act (42

21 U.S.C. 1766(f)(2)(B)) is amended by striking ‘‘2 meals

22 and 1 supplement’’ and inserting ‘‘2 meals and 2 supple23 ments, or 3 meals and 1 supplement,’’.’’.

24 (c) GRANTS TO STATES TO PROVIDE ASSISTANCE TO

25 FAMILY OR GROUP DAY CARE HOMES.—Section
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1 17(f)(3)(D)(ii)(I) of the National School Lunch Act (42

2 U.S.C. 1766(f)(3)(D)(ii)(I)) is amended by striking

3 ‘‘$30,000’’ and inserting ‘‘$45,000’’.

4 SEC. 104. MEAL SUPPLEMENTS FOR CHILDREN IN AFTER5 SCHOOL CARE.

6 Section 17A(a)(2)(C) of the National School Lunch

7 Act (42 U.S.C. 1766a(a)(2)(C))) is amended by striking

8 ‘‘on May 15, 1989’’.

9 SEC. 105. HOMELESS CHILDREN NUTRITION PROGRAM.

10 Section 17B(g)(1) of the National School Lunch Act

11 (42 U.S.C. 1766b(g)(1)) is amended in the first sentence

12 by striking ‘‘and $3,700,000 for fiscal year 1999’’ and in13 serting ‘‘$3,700,000 for fiscal year 1999, $4,000,000 for

14 fiscal year 2000, $4,100,000 for fiscal year 2001, and

15 $4,200,000 for fiscal year 2002’’.

16 SEC. 106. BOARDER BABY AND OTHER PILOT PROJECTS.

17 Section 18 of the National School Lunch Act (42

18 U.S.C. 1769) is amended—

19 (1) in subsection (c)—

20 (A) by striking ‘‘1998’’ each place it ap21 pears and inserting ‘‘2003’’; and

22 (B) in paragraph (3)(A)—

23 (i) in clause (v), by striking ‘‘and’’ at

24 the end; and
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1 (ii) by adding at the end the follow2 ing:

3 ‘‘(vii) salaries and expenses of support

4 staff, including management, medical, nursing,

5 janitorial, and other support staff; and’’;

6 (2) in subsection (e)(5), by striking ‘‘and 1998’’

7 and inserting ‘‘through 2003’’;

8 (3) in subsections (g)(5) and (h)(5), by striking

9 ‘‘1997’’ each place it appears and inserting ‘‘2003’’;

10 and

11 (4) in subsection (i)(8), by striking ‘‘1998’’ and

12 inserting ‘‘2003’’.

13 SEC. 107. INFORMATION CLEARINGHOUSE.

14 Section 26(d) of the National School Lunch Act (42

15 U.S.C. 1769g(d)) is amended in the first sentence by

16 striking ‘‘$100,000 for fiscal year 1998’’ and inserting

17 ‘‘$185,000 for each of fiscal years 1998 through 2003’’.

18 TITLE II—CHILD NUTRITION ACT

19 OF 1966

20 SEC. 201. AREA GRANT PROGRAM.

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

22 U.S.C. 1773) is amended by adding at the end the follow23 ing:

24 ‘‘(f) AREA GRANT PROGRAM.—

25 ‘‘(1) DEFINITIONS.—In this subsection:
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1 ‘‘(A) ELIGIBLE SCHOOL.—The term ‘eligi2 ble school’ means a school—

3 ‘‘(i) attended by children, a significant

4 percentage of whom—

5 ‘‘(I) are members of low-income

6 families, as determined by the Sec7 retary; or

8 ‘‘(II) live in rural areas and have

9 unmet needs for initiation or expan10 sion of a school breakfast or summer

11 food service program for children; and

12 ‘‘(ii)(I) as used with respect to a

13 school breakfast program, that agrees to

14 operate the school breakfast program es15 tablished or expanded with the assistance

16 provided under this subsection for a period

17 of not less than 3 years; and

18 ‘‘(II) as used with respect to a sum19 mer food service program for children, that

20 agrees to operate the summer food service

21 program for children established or ex22 panded with the assistance provided under

23 this subsection for a period of not less

24 than 3 years.
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1 ‘‘(B) SERVICE INSTITUTION.—The term

2 ‘service institution’ means an institution or or3 ganization described in paragraph (1)(B) or (7)

4 of section 13(a) of the National School Lunch

5 Act (42 U.S.C. 1761(a)).

6 ‘‘(C) SUMMER FOOD SERVICE PROGRAM

7 FOR CHILDREN.—The term ‘summer food serv8 ice program for children’ means a program au9 thorized by section 13 of the National School

10 Lunch Act (42 U.S.C. 1761).

11 ‘‘(2) ESTABLISHMENT.—The Secretary shall es12 tablish a program under this subsection to be known

13 as the ‘Area Grant Program’ (referred to in this

14 subsection as the ‘Program’) to assist eligible

15 schools and service institutions through grants to

16 initiate or expand programs under the school break17 fast program and the summer food service program

18 for children.

19 ‘‘(3) PAYMENTS.—

20 ‘‘(A) IN GENERAL.—Out of any moneys in

21 the Treasury not otherwise appropriated, the

22 Secretary of the Treasury shall provide to the

23 Secretary to carry out this subsection

24 $5,000,000 for fiscal year 1998 and each fiscal

25 year thereafter.
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1 ‘‘(B) ENTITLEMENT TO FUNDS.—The Sec2 retary shall be entitled to receive the funds

3 made available under subparagraph (A) and

4 shall accept the funds.

5 ‘‘(C) USE OF FUNDS.—The Secretary shall

6 use the funds made available under subpara7 graph (A) to make payments under the Pro8 gram—

9 ‘‘(i) in the case of the school breakfast

10 program, to school food authorities for eli11 gible schools; and

12 ‘‘(ii) in the case of the summer food

13 service program for children, to service in14 stitutions.

15 ‘‘(D) INSUFFICIENT NUMBER OF APPLI16 CANTS.—The Secretary may expend less than

17 the amount described in subparagraph (A) for

18 a fiscal year to the extent that there is an in19 sufficient number of suitable applicants to initi20 ate or expand programs under this subsection

21 for the fiscal year.

22 ‘‘(4) PRIORITY.—The Secretary shall make pay23 ments under the Program on a competitive basis and

24 in the following order of priority (subject to the

25 other provisions of this subsection) to:
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1 ‘‘(A) School food authorities for eligible

2 schools to assist the schools with nonrecurring

3 expenses incurred in—

4 ‘‘(i) initiating a school breakfast pro5 gram under this section; or

6 ‘‘(ii) expanding a school breakfast

7 program.

8 ‘‘(B) Service institutions to assist the insti9 tutions with nonrecurring expenses incurred

10 in—

11 ‘‘(i) initiating a summer food service

12 program for children; or

13 ‘‘(ii) expanding a summer food service

14 program for children.

15 ‘‘(5) ADDITIONAL PAYMENTS.—Payments under

16 the Program shall be in addition to payments under

17 subsection (b) of this section and section 13 of the

18 National School Lunch Act (42 U.S.C. 1761).

19 ‘‘(6) PREFERENCES.—Consistent with para20 graph (4), in making payments under the Program

21 for any fiscal year to initiate or expand school

22 breakfast programs or summer food service pro23 grams for children, the Secretary shall provide a

24 preference to a school food authority for an eligible

25 school or service institution that—
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1 ‘‘(A) in the case of a summer food service

2 program for children, is a public or private non3 profit school food authority;

4 ‘‘(B) has significant public or private re5 sources that will be used to carry out the initi6 ation or expansion of the programs during the

7 year;

8 ‘‘(C) serves an unmet need among low-in9 come children, as determined by the Secretary;

10 ‘‘(D) is not operating a school breakfast

11 program or summer food service program for

12 children, as appropriate; or

13 ‘‘(E) is located in a rural area, as deter14 mined by the Secretary.

15 ‘‘(7) RECOVERY AND REALLOCATION.—The

16 Secretary shall act in a timely manner to recover

17 and reallocate to other school food authorities for el18 igible schools or service institutions any amounts

19 under the Program that are not expended within a

20 reasonable period (as determined by the Secretary).

21 ‘‘(8) MAINTENANCE OF EFFORT.—Expenditures

22 of funds from State, local, and private sources for

23 the maintenance of the school breakfast program

24 and the summer food service program for children
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1 shall not be diminished as a result of payments re2 ceived under the Program.’’.

3 SEC. 202. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM

4 FOR WOMEN, INFANTS, AND CHILDREN.

5 (a) EXTENSIONS.—Section 17 of the Child Nutrition

6 Act of 1966 (42 U.S.C. 1786) is amended in subsections

7 (g)(1), (h)(2)(A), and (h)(10)(A) by striking ‘‘1998’’ each

8 place it appears and inserting ‘‘2003’’.

9 (b) SENSE OF CONGRESS ON FULL FUNDING FOR

10 WIC.—It is the sense of Congress that the special supple11 mental nutrition program for women, infants, and children

12 established under section 17 of the Child Nutrition Act

13 of 1966 (42 U.S.C. 1786) should be fully funded for fiscal

14 year 1998 and each subsequent fiscal year so that all eligi15 ble participants for the program will be permitted to par16 ticipate at the full level of participation for individuals in

17 their category, in accordance with regulations issued by

18 the Secretary of Agriculture.

19 (c) FARMERS’ MARKET NUTRITION PROGRAM.—Sec20 tion 17(m) of the Child Nutrition Act of 1966 (42 U.S.C.

21 1786(m)) is amended—

22 (1) in paragraph (1), by striking ‘‘(m)(1) Sub23 ject’’ and all that follows through ‘‘the Secretary’’

24 and inserting the following:

25 ‘‘(m) FARMERS’ MARKET NUTRITION PROGRAM.—
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1 ‘‘(1) IN GENERAL.—The Secretary’’;

2 (2) in paragraph (6)(B)—

3 (A) by striking ‘‘(B)(i) Subject to the

4 availability of appropriations, if’’ and inserting

5 the following:

6 ‘‘(B) MINIMUM AMOUNT.—If’’; and

7 (B) by striking clause (ii); and

8 (3) in paragraph (9), by striking ‘‘(9)(A)’’ and

9 all that follows through the end of subparagraph (A)

10 and inserting the following:

11 ‘‘(9) FUNDING.—

12 ‘‘(A) PAYMENTS.—

13 ‘‘(i) IN GENERAL.—Out of any mon14 eys in the Treasury not otherwise appro15 priated, the Secretary of the Treasury

16 shall provide to the Secretary to carry out

17 this subsection $15,000,000 for fiscal year

18 1999, $19,000,000 for fiscal year 2000,

19 $24,000,000 for fiscal year 2001,

20 $30,000,000 for fiscal year 2002, and

21 $37,000,000 for fiscal year 2003. Such

22 funds shall remain available for this pro23 gram until expended.

24 ‘‘(ii) ENTITLEMENT TO FUNDS.—The

25 Secretary shall be entitled to receive the
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1 funds made available under subparagraph

2 (A) and shall accept the funds.’’.

3 SEC. 203. NUTRITION EDUCATION AND TRAINING.

4 Section 19(i) of the Child Nutrition Act of 1966 (42

5 U.S.C. 1788(i)) is amended—

6 (1) in paragraph (2)—

7 (A) in the first sentence of subparagraph

8 (A), by inserting ‘‘and each succeeding fiscal

9 year’’ after ‘‘1996’’; and

10 (B) by striking subparagraph (B) and in11 serting the following:

12 ‘‘(B) MINIMUM AMOUNT.—The minimum

13 amount of a grant provided to a State for a fis14 cal year under this section shall be $85,000.’’;

15 (2) by striking paragraph (3); and

16 (3) by redesignating paragraphs (4) and (5) as

17 paragraphs (3) and (4), respectively.

Æ