Calendar No. 480
105TH CONGRESS
2D SESSION
H. R. 3874
AN ACT
To amend the National School Lunch Act and the
Child Nutrition Act of 1966 to provide children
with increased access to food and nutrition as-
sistance, to simplify program operations and im-
prove program management, to extend certain
authorities contained in those Acts through fiscal
year 2003, and for other purposes.
JULY 21, 1998
Received; read twice and placed on the calendar
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Child Nutrition and WIC Reauthorization Amendments
of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
TITLE I—AMENDMENTS TO THE NATIONAL SCHOOL LUNCH ACT
Sec. 101. Provision of commodities.
Sec. 102. Nutritional and other program requirements.
Sec. 103. Special assistance.
Sec. 104. Miscellaneous provisions and definitions.
Sec. 105. Summer food service program for children.
Sec. 106. Commodity distribution program.
Sec. 107. Child and adult care food program.
Sec. 108. Meal supplements for children in afterschool care.
Sec. 109. Universal free breakfast pilot projects.
Sec. 110. Training and technical assistance.
Sec. 111. Compliance and accountability.
Sec. 112. Information clearinghouse.
Sec. 113. Accommodation of the special dietary needs of individuals with dis-
abilities.
TITLE II—AMENDMENTS TO THE CHILD NUTRITION ACT OF 1966
Sec. 201. State administrative expenses.
Sec. 202. Special supplemental nutrition program for women, infants, and chil-
dren.
Sec. 203. Nutrition education and training program.
SEC. 2. EFFECTIVE DATE.
This Act, and the amendments made by this Act,
shall take effect on October 1, 1998, or the date of the
enactment of this Act, whichever occurs later.
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TITLE I—AMENDMENTS TO THE
NATIONAL SCHOOL LUNCH ACT
SEC. 101. PROVISION OF COMMODITIES.
Section 6 of the National School Lunch Act (42
U.S.C. 1755) is amended—
(1) in subsection (b), by striking ‘‘authorized
under subsection (c)’’ and inserting ‘‘required under
subsections (c) and (e)’’;
(2) by striking subsections (c) and (d); and
(3) by redesignating subsections (e), (f), and
(g) as subsections (c), (d), and (e), respectively.
SEC. 102. NUTRITIONAL AND OTHER PROGRAM REQUIRE-
MENTS.
(a) STATE OR LOCAL HEALTH AND SAFETY INSPEC-
TIONS.—Section 9 of the National School Lunch Act (42
U.S.C. 1758) is amended by adding at the end the follow-
ing:
‘‘(h) If the food service operations of a school partici-
pating in the school lunch program under this Act or the
school breakfast program under section 4 of the Child Nu-
trition Act of 1966 (42 U.S.C. 1773) are not required by
State or local law to undergo health and safety inspec-
tions, then the school shall twice during each school year
obtain State or local health and safety inspections to en-
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sure that meals provided under such programs are pre-
pared and served in a healthful and safe environment.’’.
(b) SINGLE PERMANENT AGREEMENTS BETWEEN
STATE AGENCIES
AND SCHOOL FOOD AUTHORITIES;
COMMON CLAIMING PROCEDURES.—Section 9 of such Act
(42 U.S.C. 1758), as amended by this Act, is further
amended by adding at the end the following:
‘‘(i)(1) If a single State agency administers the school
lunch program under this Act, the school breakfast pro-
gram under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773), the summer food service program for
children under section 13 of this Act, or the child and
adult care food program under section 17 of this Act, then
such agency—
‘‘(A) shall require each school food authority to
submit a single agreement with respect to the oper-
ation of such programs by such authority; and
‘‘(B) shall require a common claiming proce-
dure with respect to meals and supplements served
under such programs.
‘‘(2) The agreement described in paragraph (1)(A)
shall be a permanent agreement that may be amended as
necessary.’’.
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SEC. 103. SPECIAL ASSISTANCE.
(a) SCHOOL ELIGIBILITY REQUIREMENTS FOR PAY-
MENTS.—Section 11(a)(1) of the National School Lunch
Act (42 U.S.C. 1759a(a)(1)) is amended—
(1) in subparagraph (C)—
(A) in clause (i)(I), by striking ‘‘3 succes-
sive school years’’ each place it appears and in-
serting ‘‘4 successive school years’’; and
(B) in clauses (ii) and (iii), by striking ‘‘3-
school-year period’’ each place it appears and
inserting ‘‘4-school-year period’’; and
(2) in subparagraph (D)—
(A) in clause (i)—
(i) by striking ‘‘3-school-year period’’
each place it appears and inserting ‘‘4-
school-year period’’; and
(ii) by striking ‘‘2 school years’’ and
inserting ‘‘4 school years’’;
(B) in clause (ii)—
(i) by striking the first sentence; and
(ii) by striking ‘‘5-school-year period’’
each place it appears and inserting ‘‘4-
school-year period’’; and
(C) in clause (iii), by striking ‘‘5-school-
year period’’ and inserting ‘‘4-school-year pe-
riod’’.
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(b) ADJUSTMENTS TO PAYMENT RATES.—
(1) IN GENERAL.—Section 11(a)(3)(B) of such
Act (42 U.S.C. 1759a(a)(3)(B)) is amended—
(A) in the first sentence, by striking ‘‘The
annual’’ and inserting ‘‘(i) The annual’’; and
(B) in the third sentence—
(i) by striking ‘‘The adjustments’’ and
inserting the following:
‘‘(ii) The adjustments’’; and
(ii) by inserting ‘‘through April 30,
1999,’’ after ‘‘under this paragraph’’; and
(iii) by adding at the end the follow-
ing:
‘‘(iii) For the period beginning on May 1, 1999, and
ending on June 30, 1999, the national average payment
rates for meals and supplements shall be adjusted to the
nearest lower cent increment and shall be based on the
unrounded amounts used to calculate the rates in effect
on July 1, 1998.
‘‘(iv) For July 1, 1999, and each subsequent July 1,
the national average payment rates for meals and supple-
ments shall be adjusted to the nearest lower cent incre-
ment and shall be based on the unrounded amount for
the preceding 12-month period.’’.
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(2) CONFORMING AMENDMENTS.—Section 4(b)
of the Child Nutrition Act of 1966 (42 U.S.C.
1773(b)) is amended—
(1) in the second sentence of paragraph (1)(B),
by striking ‘‘adjusted to the nearest one-fourth
cent,’’; and
(2) in paragraph (2)(B)(ii), by striking ‘‘to the
nearest one-fourth cent’’.
SEC. 104. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
(a) ADJUSTMENTS TO REIMBURSEMENT RATES FOR
CERTAIN STATES AND TERRITORIES.—Section 12(f) of
the National School Lunch Act (42 U.S.C. 1760(f)) is
amended—
(1) by striking ‘‘school breakfasts and lunches’’
and inserting ‘‘breakfasts, lunches, suppers, and
supplements’’;
(2) by striking ‘‘sections 4 and 11’’ and insert-
ing ‘‘sections 4, 11, 13, and 17’’; and
(3) by striking ‘‘lunches and breakfasts’’ each
place it appears and inserting ‘‘meals’’.
(b) BUY AMERICAN REQUIREMENT.—Section 12 of
the National School Lunch Act (42 U.S.C. 1760) is
amended by adding at the end the following:
‘‘(n) BUY AMERICAN REQUIREMENT.—
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‘‘(1) IN GENERAL.—For purposes of providing
meals under the school lunch program under this
Act or the school breakfast program under section 4
of the Child Nutrition Act of 1966 (42 U.S.C.
1773), the Secretary shall require schools located in
the contiguous United States to purchase, to the ex-
tent practicable, only food products that are pro-
duced in the United States.
‘‘(2) ADDITIONAL
REQUIREMENT.—The re-
quirement of paragraph (1) shall also apply to recip-
ient agencies in Hawaii only with respect to food
products that are grown in Hawaii in sufficient
quantities to meet the needs of meals provided under
the school lunch program under this Act or the
school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).
‘‘(3) DEFINITION.—As used in this subsection,
the term ‘food products that are produced in the
United States’ means—
‘‘(A) unmanufactured food products that
are grown or produced in the United States;
and
‘‘(B) manufactured food products that are
manufactured in the United States substantially
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from agricultural products grown or produced
in the United States.’’.
SEC. 105. SUMMER FOOD SERVICE PROGRAM FOR CHIL-
DREN.
(a) DEFINITION OF PRIVATE NONPROFIT ORGANIZA-
TIONS.—Section 13(a)(7)(B) of the National School
Lunch Act (42 U.S.C. 1761(a)(7)(B)) is amended—
(1) in clause (i), to read as follows:
‘‘(i) operate not more than 25 sites, with not
more than 300 children being served at any one site
(or, with a waiver granted by the State agency under
standards developed by the Secretary, not more than
500 children being served at any one site);’’;
(2) by striking clauses (ii) and (iii); and
(3) by redesignating clauses (iv), (v), (vi), and
(vii) as clauses (ii), (iii), (iv), and (v), respectively.
(b) OFFER VERSUS SERVE.—Section 13(f)(7) of such
Act (42 U.S.C. 1761(f)(7)) is amended in the first sen-
tence by striking ‘‘attending a site on school premises op-
erated directly by the authority’’.
(c) FOOD SERVICE MANAGEMENT COMPANIES.—
(1) CONTRACTING FOR PROVISION OF MEALS
OR MANAGEMENT OF PROGRAM.—Section 13(l)(1) of
such Act (42 U.S.C. 1761(l)(1)) is amended—
(A) in the first sentence—
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(i) by striking ‘‘(other than private
nonprofit organizations eligible under sub-
section (a)(7))’’; and
(ii) by striking ‘‘only with food service
management companies registered with the
State in which they operate’’ and inserting
‘‘with food service management compa-
nies’’; and
(B) by striking the last sentence.
(2) REGISTRATION.—Section 13(l)(2) of such
Act (42 U.S.C. 1761(l)(2)) is amended—
(A) in the first sentence of the matter pre-
ceding subparagraph (A), by striking ‘‘shall’’
and inserting ‘‘may’’; and
(B) by striking all after the first sentence.
(3) OTHER PROVISIONS.—Section 13(l) of such
Act (42 U.S.C. 1761(l)) is amended—
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively.
(d) REAUTHORIZATION OF PROGRAM.—Section 13(q)
of such Act (42 U.S.C. 1761(q)) is amended by striking
‘‘1998’’ and inserting ‘‘2003’’.
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‘‘(B) Elementary schools of varying family
income levels.
‘‘(5) REIMBURSEMENT RATES.—A school food
authority conducting a pilot project under this sub-
section shall receive reimbursement for each break-
fast served under the pilot in an amount equal to
the rate for free breakfasts established under section
4(b)(1)(B) of the Child Nutrition Act of 1966 (42
U.S.C. 1773(b)(1)(B)).
‘‘(6) COMMODITY
ENTITLEMENT.—A school
food authority conducting a pilot project under this
subsection shall receive commodities in the amount
of at least 5 cents per breakfast served under the
pilot. The value of such commodities shall be de-
ducted from the amount of cash reimbursement de-
scribed in paragraph (5).
‘‘(7) EVALUATION OF PILOT PROJECT.—
‘‘(A) IN GENERAL.—The Secretary, acting
through the Administrator of the Food and Nu-
trition Service, shall conduct an evaluation of
the pilot projects in each of the school food au-
thorities selected for participation. Such evalua-
tion shall include—
‘‘(i) a determination of the effect of
participation in the pilot project on the