Union Calendar No. 310
103D CONGRESS
2D SESSION
H. R. 8
[Report No. 103–535, Parts I and II]
A BILL
To amend the Child Nutrition Act of 1966 and the
National School Lunch Act to extend certain au-
thorities contained in such Acts through the fis-
cal year 1998.
JUNE 24, 1994
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
IB
Union Calendar No. 310
103D CONGRESS
2D SESSION
H. R. 8
[Report No. 103–535, Parts I and II]
To amend the Child Nutrition Act of 1966 and the National School Lunch
Act to extend certain authorities contained in such Acts through the
fiscal year 1998.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. KILDEE (for himself, Mr. FORD of Michigan, and Mr. GOODLING) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor
MARCH 8, 1994
Additional sponsors: Mr. WHEAT, Mrs. BYRNE, Mr. FRANK of Massachusetts,
Mr. POMEROY, Mr. KLUG, Mr. HUGHES, Ms. WOOLSEY, Mr. TOWNS, Mr.
JOHNSON of South Dakota, Mrs. MALONEY, Mr. BECERRA, Mr. ACKER-
MAN, Ms. DANNER, Mr. CLAY, Mr. KLINK, Mrs. UNSOELD, Mr.
GUTIERREZ, Mr. SCOTT, Mr. LEHMAN, Mr. MARTINEZ, Mr. MAZZOLI,
Mr. GLICKMAN, Mr. PAYNE of New Jersey, Mr. FOGLIETTA, Mr. GENE
GREEN of Texas, Mrs. MEEK, Mr. HINCHEY, Mr. PETERSON of Min-
nesota, Mr. BLACKWELL, Mr. RUSH, Mr. ROMERO-BARCELO´, Mr. PAS-
TOR, Mr. JEFFERSON, Mr. FROST, Ms. MCKINNEY, Mr. EMERSON, Mr.
KOPETSKI, Mr. HASTINGS, Mr. STRICKLAND, Mr. FISH, Mr. ENGEL,
Mrs. MEYERS of Kansas, Mr. NADLER, Ms. NORTON, Mr. MCCRERY, Mr.
SHAYS, Mr. BISHOP, and Mr. EVANS
JUNE 3, 1994
Reported with an amendment, referred to the Committee on Agriculture for
a period ending not later than June 24, 1994, for consideration of such
provisions contained in the bill and amendment as fall within the jurisdic-
tion of that committee pursuant to clause 1(a), rule X
[Strike out all after the enacting clause and insert the part printed in italic]
JUNE 24, 1994
Additional sponsors: Mr. MILLER of California, Mr. MINGE, Mr. MCDADE,
Mr. OWENS, Mr. SAWYER, Mrs. MINK, Mr. UNDERWOOD, Mr. WILLIAMS,
Mr. ANDREWS of New Jersey, Ms. ENGLISH of Arizona, Mr. CASTLE, Mr.
CUNNINGHAM, Ms. MOLINARI, Mr. FALEOMAVAEGA, Mr. REED, and Mr.
MURPHY
JUNE 24, 1994
Reported from the Committee on Agriculture with amendments, committed to
the Committee of the Whole House on the State of the Union and or-
dered to be printed
[Omit the part struck through in italic and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on January 5, 1993]
A BILL
To amend the Child Nutrition Act of 1966 and the National
School Lunch Act to extend certain authorities contained
in such Acts through the fiscal year 1998.
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
‘‘Healthy Meals for Healthy Americans Act of 1994’’.
(b) TABLE OF CONTENTS.—The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of the Congress.
TITLE I—AMENDMENTS TO NATIONAL SCHOOL LUNCH ACT
Sec. 101. Requirement of minimum percentage of commodity
assistance under National School Lunch Act.
Sec. 101. 102. Technical assistance to ensure compliance with nutritional re-
quirements under the school lunch program, the summer food
service program for children, and the child and adult care food
program.
Sec. 102. 103. Nutritional and other program requirements.
Sec. 103. 104. Special assistance for schools electing to serve all children free
lunches or breakfasts.
Sec. 104. 105. Establishment of universal school lunch and breakfast pilot pro-
gram.
Sec. 105. 106. Miscellaneous provisions and definitions.
Sec. 106. 107. Summer food service program for children.
Sec. 107. 108. Commodity distribution program.
Sec. 108. 109. Child and adult care food program.
Sec. 109. 110. Homeless children nutrition program.
Sec. 110. 111. Pilot projects.
Sec. 111. 112. Reduction of paperwork.
Sec. 112. 113. Extension of Food Service Management Institute.
Sec. 113. 114. Duties of the Secretary of Agriculture relating to nonprocurement
debarment under certain child nutrition programs.
TITLE II—AMENDMENTS TO CHILD NUTRITION ACT OF 1966
Sec. 201. School breakfast program.
Sec. 202. State administrative expenses.
Sec. 203. Special supplemental nutrition program.
Sec. 204. Nutrition education and training.
TITLE III—MISCELLANEOUS PROVISIONS
Sec. 301. Consolidation of school lunch program and school breakfast program
into comprehensive meal program.
Sec. 302. Study and report relating to use of private food establishments and ca-
terers under school lunch program and school breakfast program.
Sec. 303. Report relating to unified accountability system under National School
Lunch Act.
Sec. 304. Amendment to Commodity Distribution Reform Act and WIC Amend-
ments of 1987.
SEC. 2. FINDINGS.
The Congress finds that—
(1) undernutrition along with environmental
factors associated with poverty can permanently re-
tard physical growth, brain development, and cog-
nitive functioning of children;
(2) the longer a child’s nutritional, emotional,
and educational needs go unmet, the greater the likeli-
hood of cognitive impairment;
(3) low-income children who attend school hun-
gry score significantly lower on standardized tests
than non-hungry low-income children; and
(4) supplemental nutrition programs under the
National School Lunch Act (42 U.S.C. 1751 et seq.)
and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.) can help to offset threats posed to a child’s ca-
pacity to learn and perform in school which results
from inadequate nutrient intake.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that—
(1) funds should be made available for child nu-
trition programs to remove barriers to the participa-
tion of needy children in the school lunch program,
school breakfast program, summer food service pro-
gram for children, and the child and adult care food
program under the National School Lunch Act (42
U.S.C. 1751 et seq.) and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.);
(2) the Secretary of Agriculture should take ac-
tions to further strengthen the efficiency of child nu-
trition programs by streamlining administrative re-
quirements to reduce the administrative burden on
participating schools and other meal providers; and
(3) as a part of efforts to continue to serve nutri-
tious meals to youths in the United States and to
educate the general public regarding health and nu-
trition issues, the Secretary of Agriculture should take
actions to coordinate the nutrition education efforts of
all nutrition programs.
TITLE I—AMENDMENTS TO
NATIONAL SCHOOL LUNCH ACT
SEC. 101. REQUIREMENT OF MINIMUM PERCENTAGE OF
COMMODITY ASSISTANCE UNDER NATIONAL
SCHOOL LUNCH ACT.
Section 6 of the National School Lunch
Act (42 U.S.C. 1755) is amended by adding at
the end the following new subsection:
‘‘(g) The Secretary shall ensure that not
less than 12 percent of the assistance pro-
vided under section 4, this section, and sec-
tion 11 of this Act shall be in the form of com-
modities provided under this section.’’.
SEC. 101. 102. TECHNICAL ASSISTANCE TO ENSURE COMPLI-
ANCE WITH NUTRITIONAL REQUIREMENTS
UNDER THE SCHOOL LUNCH PROGRAM, THE
SUMMER FOOD SERVICE PROGRAM FOR CHIL-
DREN, AND THE CHILD AND ADULT CARE
FOOD PROGRAM.
(a) SCHOOL LUNCH PROGRAM.—Section 9(a)(1) of the
National School Lunch Act (42 U.S.C. 1758(a)(1)) is
amended—
(1) by striking ‘‘(1) Lunches served by schools’’
and inserting ‘‘(1)(A) Lunches served by schools’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) The Secretary shall provide technical assistance
to those schools participating in the school lunch program
under this Act to assist such schools in complying with the
nutritional requirements prescribed by the Secretary pursu-
ant to subparagraph (A). The Secretary shall provide addi-
tional technical assistance to those schools that are having
difficulty maintaining compliance with such require-
ments.’’.
(b) SUMMER FOOD SERVICE PROGRAM FOR CHIL-
DREN.—Section 13(f) of such Act (42 U.S.C. 1761(f)) is
amended—
(1) by adding after the first sentence the follow-
ing new sentences: ‘‘The Secretary shall provide tech-
nical assistance to service institutions and private
nonprofit organizations participating in the program
to assist such institutions and organizations in com-
plying with the nutritional requirements prescribed
by the Secretary pursuant to this subparagraph. The
Secretary shall provide additional technical assist-
ance to those service institutions and private non-
profit organizations that are having difficulty main-
taining compliance with such requirements.’’; and
(2) in the fourth sentence (as amended by para-
graph (1)), by striking ‘‘Such meals’’ and inserting
‘‘Meals described in the first sentence’’.
(c) CHILD AND ADULT CARE FOOD PROGRAM.—Sec-
tion 17(g)(1) of such Act (42 U.S.C. 1766(g)(1)) is amend-
ed—
(1) by striking ‘‘(1) Meals served by institutions’’
and inserting ‘‘(1)(A) Meals served by institutions’’;
and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) The Secretary shall provide technical assistance
to those institutions participating in the program under
this section to assist such institutions and family or group
day care home sponsoring organizations in complying with
the nutritional requirements prescribed by the Secretary
pursuant to subparagraph (A). The Secretary shall provide
additional technical assistance to those institutions and
family or group day care home sponsoring organizations
that are having difficulty maintaining compliance with
such requirements.’’.
SEC. 102. 103. NUTRITIONAL AND OTHER PROGRAM RE-
QUIREMENTS.
(a) MINIMUM NUTRITIONAL REQUIREMENTS BASED
ON WEEKLY AVERAGE OF NUTRIENT CONTENT OF SCHOOL
LUNCHES.—Section 9(a)(1)(A) of the National School
Lunch (42 U.S.C. 1758(a)(1)(A)) (as amended by section
101(a)) is further amended—
(1) by striking ‘‘; except that such minimum nu-
tritional requirements’’ and inserting ‘‘, except that—
‘‘(i) such minimum nutritional requirements’’;
(2) by striking the period at the end and insert-
ing ‘‘; and’’; and
(3) by adding at the end the following new
clause:
‘‘(ii) such minimum nutritional requirements
shall, at a minimum, be based on the weekly average
of the nutrient content of school lunches.’’.
(b) NUTRITIONAL REQUIREMENTS RELATING TO PRO-
VISION OF MILK.—Section 9(a)(2) of such Act (42 U.S.C.
1758(a)(2)) is amended to read as follows:
‘‘(2) Lunches served by schools participating in the
school lunch program under this Act—
‘‘(A) shall offer students fluid milk; and
‘‘(B) shall offer students a variety of fluid milk
consistent with prior year demonstrated preferences
unless the prior year preference for any such variety
of fluid milk is less than 1 percent of the total milk
consumed at the school.’’.
(c) INCREASED FLEXIBILITY RELATING TO USE OF IN-
FORMATION
SUBMITTED
TO
DETERMINE
ELIGIBILITY
UNDER PROGRAMS UNDER NATIONAL SCHOOL LUNCH ACT
AND CHILD NUTRITION ACT OF 1966.—Section 9(b)(5) of
such Act (42 U.S.C. 1758(b)(5)) is amended by adding at
the end the following new sentences: ‘‘Except as provided
in the next sentence, a local agency responsible for admin-
istering programs under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) shall use information sub-
mitted for the purpose of receiving benefits under such pro-
grams only for the purpose of determining eligibility for
such benefits. Such local agency may use such eligibility
determination to demonstrate the eligibility for benefits
under other Federal, State, or local means-tested nutrition
programs with comparable eligibility standards.’’.
(d) AUTOMATIC ELIGIBILITY OF HEAD START PAR-
TICIPANTS.—
(1) IN GENERAL.—The National School Lunch
Act (42 U.S.C. 1751 et seq.) is amended—
(A) in section 9(b)(6)(A) (42 U.S.C.
1758(b)(6)(A))—
(i) in the matter preceding clause (i),
by striking ‘‘a member of’’;
(ii) in clause (i)—
(I) by inserting ‘‘a member of’’
after ‘‘(i)’’; and
(II) by striking ‘‘or’’ at the end of
the clause;
(iii) in clause (ii)—
(I) by inserting ‘‘a member of’’
after ‘‘(ii)’’; and
(II) by striking the period at the
end of the clause and inserting ‘‘; or’’;
and
(iv) by adding at the end the following
new clause:
‘‘(iii) enrolled as a participant in a Head Start
program authorized under the Head Start Act (42
U.S.C. 9831 et seq.), on the basis of a determination
that the child is a member of a family that meets the
low-income 
criteria 
prescribed 
under 
section
645(a)(1)(A) of the Head Start Act (42 U.S.C.
9840(a)(1)(A)).’’;
(B) in section 9(b)(6)(B) (42 U.S.C.
1758(b)(6)(B)), by striking ‘‘food stamps or aid
to families with dependent children’’ and insert-
ing ‘‘food stamps, aid to families with dependent
children, or enrollment or participation in the
Head Start program on the basis described in
subparagraph (A)(iii)’’; and
(C) in section 17(c) (42 U.S.C. 1766(c)), by
adding at the end the following new paragraph:
‘‘(5) A child shall be considered automatically eligible
for benefits under this section without further application
or eligibility determination, if the child is enrolled as a par-
ticipant in a Head Start program authorized under the
Head Start Act (42 U.S.C. 9831 et seq.), on the basis of
a determination that the child is a member of a family that
meets the low-income criteria prescribed under section
645(a)(1)(A) 
of 
the 
Head 
Start 
Act 
(42 
U.S.C.
9840(a)(1)(A)).’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall take effect on October 1, 1995.
(e) DOCUMENTATION OF PRODUCTION PLANS.—Sec-
tion 9 of such Act (42 U.S.C. 1758) is amended by adding
at the end the following new subsection:
‘‘(f)(1) The Secretary shall clarify that the primary
need for documentation of production plans is to serve as
a basis for ensuring that the meals under the school lunch
program meet the nutrient needs of the children to be served
under such program. The State shall determine whether ex-
isting records are adequate to ensure that the objective of
the preceding sentence is met.
‘‘(2) The Secretary shall clarify the need for internal
controls in developing a claim for reimbursement under the
school lunch program.’’.
(f) SEAFOOD PRODUCTION REQUIREMENTS.—Section
9 of such Act (42 U.S.C. 1758) (as amended by subsection
(e)) is further amended by adding at the end the following
new subsection:
‘‘(g)(1) The Secretary shall ensure that fish and fish
products purchased by schools participating in the school
lunch program shall be—
‘‘(A) inspected in compliance with the continu-
ous official establishment and product inspection of
the National Marine Fisheries Service; or
‘‘(B) inspected in compliance with the hazard
analysis critical control point requirements promul-
gated by the Food and Drug Administration.
‘‘(2) For purposes of this subsection, the term ‘fish and
fish products’ has the meaning given such term by the Food
and Drug Administration in its proposal of January 28,
1994 (59 Fed. Reg. 4195).’’.
SEC. 103. 104. SPECIAL ASSISTANCE FOR SCHOOLS ELECT-
ING TO SERVE ALL CHILDREN FREE LUNCHES
OR BREAKFASTS.
Section 11(a)(1) of the National School Lunch Act (42
U.S.C. 1759a(a)(1)) is amended—
(1) by striking ‘‘(a)(1) Except as provided’’ and
inserting ‘‘(a)(1)(A) Except as provided’’;
(2) in the second sentence, by striking ‘‘In the
case of’’ and inserting—
‘‘(B) In the case of’’;
(3) in the third sentence—
(A) by striking ‘‘In the case of’’ and insert-
ing—
‘‘(C)(i) Except as provided in clause (ii), in the case
of’’; and
(B) by striking ‘‘(A)’’ and inserting ‘‘(I)’’
and by striking ‘‘(B)’’ and inserting ‘‘(II)’’;
(4) by adding at the end the following new
clause:
‘‘(ii)(I)(aa) In the case of any school that, on the date
of the enactment of this clause, is serving all children in
that school free lunches under the school lunch program in
accordance with clause (i), special assistance payments
shall be paid to the State educational agency with respect
to such school for free lunches served to all children in such
school during a period of five consecutive years in accord-
ance with such clause.
‘‘(bb) Any period of time in the current 3-year period
during which the school served free lunches to all children
in such school in accordance with clause (i) shall count to-
ward the 5-year period described in division (aa).
‘‘(cc) The State may grant an extension to such schools
at the end of such 3-year period, only if the State deter-
mines, through available socioeconomic data approved by
the Secretary, that the income level of the population of the
school has remained stable. The State may further use such
data in subsequent 5-year periods to ensure that the income
level of the population of the school has remained stable.
‘‘(II) A school described in subclause (I) may reapply
to the State at the end of a 5-year period described in such
subclause for the purpose of continuing to receive special
assistance payments in accordance with such subclause for
additional 5-year periods.’’; and
(5) by further adding at the end the following
new subparagraph:
‘‘(D) In the case of any school that (i) elects to serve
all children in that school free lunches under the school
lunch program during any period of 4 successive years, or
in the case of a school that serves both lunches and break-
fasts, elects to serve all children in that school free lunches
and free breakfasts under the school lunch program and the
school breakfast program during any period of 4 successive
years and (ii) pays, from sources other than Federal funds,
for the costs of serving such lunches or breakfasts, as the
case may be, which are in excess of the value of assistance
received under this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) with respect to the number of
lunches or breakfasts served during that period, total Fed-
eral cash reimbursements and total commodity assistance
shall be provided to the State educational agency with re-
spect to such school at a level equal to the total Federal
cash reimbursements and total commodity assistance re-
ceived by the school in the previous year, adjusted annually
for changes in inflation in accordance with paragraph
(3)(B) and for changes in enrollment, to carry out the pur-
poses of the school lunch or school breakfast programs. The
State may grant a renewal of the authority under the pre-
ceding sentence to such schools at the end of such 4-year
period, if the State determines, through available socio-
economic data approved by the Secretary, that the income
level of the population of the school has remained consistent
with the income level of the population of the school in the
year upon which the total Federal reimbursement is
based.’’.
SEC. 104. 105. ESTABLISHMENT OF UNIVERSAL SCHOOL
LUNCH AND BREAKFAST PILOT PROGRAM.
(a) IN GENERAL.—The National School Lunch Act (42
U.S.C. 1751 et seq.) is amended by inserting after section
11 the following new section:
‘‘SEC. 11A. UNIVERSAL SCHOOL LUNCH AND BREAKFAST
PILOT PROGRAM.
‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT.—Subject to the availabil-
ity of appropriations to carry out this section, the
Secretary shall establish a universal school lunch and
breakfast pilot program (in this section referred to as
the ‘pilot program’).
‘‘(2) DESCRIPTION.—The pilot program shall
consist of school lunch and breakfast service offered
without cost to all students in attendance at partici-
pating schools that wish to participate in a manner
consistent with the requirements otherwise applicable
to the school lunch program under this Act and to the
school breakfast program under section 4 of the Child
Nutrition Act of 1966.
‘‘(3) ELIGIBILITY.—A school shall be eligible to
participate in the pilot program if the school meets
the following requirements:
‘‘(A) At least 30 percent of all students par-
ticipating in the school lunch program at the
school are students who qualify for free or re-
duced price lunches.
‘‘(B) At least 30 percent of all students par-
ticipating in the school breakfast program at the
school are students who qualify for free or re-
duced price breakfasts.
‘‘(b) APPLICATION.—
‘‘(1) IN GENERAL.—A school may participate in
the pilot program only if such school submits to the
Secretary an application containing such information
as the Secretary may reasonably require.
‘‘(2) CONTENTS.—Such application shall contain
a plan describing—
‘‘(A) the additional amount over the most
recent prior year reimbursement amount received
under the school lunch program and the school
breakfast program (adjusted for inflation and
enrollment) that the school would need from the
Federal government to provide free lunches and
breakfasts under the pilot program; and
‘‘(B) the funding, if any, the school will re-
ceive from non-Federal sources to provide free
lunches and breakfasts under the pilot program.
‘‘(c) UNIVERSAL PAYMENT RATE.—
‘‘(1) IN GENERAL.—Subject to paragraphs (3)
and (4), in lieu of receiving the national average pay-
ment per lunch determined under section 4 and sec-
tion 11, and the national average payment per break-
fast determined under section 4 of the Child Nutrition
Act of 1966, each school participating in the univer-
sal program shall receive the universal payment rates
determined under paragraph (2) for each lunch and
breakfast served under the program.
‘‘(2) ESTABLISHMENT.—Subject to paragraph
(3), the Secretary shall establish the universal pay-
ment rates for purposes of this section. Such rates
shall be equal to the national average cost of produc-
ing a school lunch, and the national average cost of
producing a school breakfast, respectively, as deter-
mined by the Secretary. In making the determination
required by the preceding sentence, the Secretary shall
establish a maximum amount that can be charged to
a participating school food service authority for indi-
rect expenses.
‘‘(3) COMMODITIES.—(A) Except as provided in
subparagraph (B), a school participating in the pilot
program shall receive commodities in an amount
equal to the amount the school received in the prior
year under the school lunch program under this Act
and under the school breakfast program under section
4 of the Child Nutrition Act of 1966, adjusted for in-
flation and fluctuations in enrollment.
‘‘(B) Commodities required for the pilot program
in excess of the amount of commodities received by the
school in the prior year under the school lunch pro-
gram and the school breakfast program may be fund-
ed from amounts appropriated to carry out this sec-
tion.
‘‘(4) ADDITIONAL REQUIREMENTS.—(A) Except
as provided in subparagraph (B), a school participat-
ing in the pilot program shall receive a total Federal
reimbursement under the school lunch program and
school breakfast program in an amount equal to the
Federal reimbursement rate for the school in the prior
year under each such program (adjusted for inflation
and fluctuations in enrollment).
‘‘(B) Funds required for the pilot program in ex-
cess of the level of reimbursement received by the
school in the prior year (adjusted for inflation and
fluctuations in enrollment) may be taken from any
non-Federal source or from amounts appropriated to
carry out this section. If funds required in addition
to funds under subparagraph (A) are not available
from non-Federal sources and no appropriations are
made for the pilot program, schools may not partici-
pate in the program.
‘‘(d) COMPETITIVE FOODS POLICY.—A school partici-
pating in the pilot program may sell competitive foods
under regulations issued by the Secretary.
‘‘(e) PROHIBITION OF WAIVER TO PROVIDE LUNCH
AND BREAKFAST SERVICE WITHOUT COST.—Notwithstand-
ing any other provision of law, the Secretary may not
waive the requirement that the school will provide lunch
and breakfast service without cost to all students at the
school under the pilot program.
‘‘(f) REPORTS.—
‘‘(1) REPORTS TO THE SECRETARY.—The Sec-
retary shall require each school participating in the
pilot program to submit to the Secretary a report
containing the following information:
‘‘(A) A comparison of the participation rate
of all students at the school in the pilot program
to the participation of students under the school
lunch program and the school breakfast program.
‘‘(B) A comparison of the quality of meals
served under the pilot program to the quality of
meals served under the school lunch program and
the school breakfast program.
‘‘(C) An evaluation of the pilot program by
students, parents, and administrators.
‘‘(D) The participation rate in the pilot
program of students who otherwise would be eli-
gible for free and reduced price lunches and
breakfasts under the school lunch program or the
school breakfast program.
‘‘(E) A comparison of the amount of admin-
istrative costs under the program with the
amount of administrative costs under the school
lunch and school breakfast programs.
‘‘(F) The reduction in paperwork under the
pilot program from the amount of paperwork
under the school lunch and school breakfast pro-
grams at the school.
‘‘(2) REPORTS TO THE CONGRESS.—
‘‘(A) INTERIM
REPORT.—Not later than
September 30, 1997, the Secretary shall submit
to the Congress an interim report containing—
‘‘(i) a compilation of the information
received by the Secretary under paragraph
(1) as of this date from each school partici-
pating in the pilot program; and
‘‘(ii) an interim evaluation of the pro-
gram by the Secretary.
‘‘(B) FINAL REPORT.—Not later than Sep-
tember 30, 1998, the Secretary shall submit to
the Congress a final report containing—
‘‘(i) a compilation of the information
received by the Secretary under paragraph
(1) as of this date from each school partici-
pating in the pilot program; and
‘‘(ii) a final evaluation of the program
by the Secretary.
‘‘(g) SELECTION REQUIREMENT.—To the extent prac-
ticable, the Secretary shall select schools to participate in
the pilot program in a manner which will provide for an
equitable distribution among the following types of schools:
‘‘(1) Urban and rural schools.
‘‘(2) Elementary, middle, and high schools.
‘‘(3) Low-, middle-, and high-income schools.
‘‘(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$15,000,000 for each of the fiscal years 1995 through
1998.’’.
(b) EFFECTIVE DATE.—The Secretary of Agriculture
shall issue regulations to carry out section 11A of the Na-
tional School Lunch Act (as added by subsection (a) of this
section) that provide for the implementation of such section
not later than July 1, 1995.
SEC. 105. 106. MISCELLANEOUS PROVISIONS AND DEFINI-
TIONS.
(a) TECHNICAL
AMENDMENT
TO
DEFINITION
OF
SCHOOL.—
(1) IN GENERAL.—Section 12(d)(5) of the Na-
tional School Lunch Act (42 U.S.C. 1760(d)(5)) is
amended—
(A) in the first sentence—
(i) in clause (A), by inserting ‘‘and’’ at
the end of such clause;
(ii) in clause (B), by striking ‘‘, and’’
and inserting a period; and
(iii) by striking clause (C); and
(B) in the second sentence, by striking ‘‘of
clauses (A) and (B)’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall take effect on October 1, 1995.
(b) REIMBURSEMENT FOR MEALS, SUPPLEMENTS, AND
MILK UNDER CERTAIN PROGRAMS CONTINGENT UPON
TIMELY SUBMISSION OF CLAIMS AND FINAL PROGRAM OP-
ERATIONS REPORT.—Section 12 of such Act (42 U.S.C.
1760) is amended by adding at the end the following new
subsection:
‘‘(j)(1) Except as provided in paragraph (2), the Sec-
retary may provide reimbursements for final claims for
service of meals, supplements, and milk submitted to State
agencies by eligible schools, summer camps, family day care
homes, institutions, and service institutions only if—
‘‘(A) such claims have been submitted to such
State agencies not later than 60 days after the last
day of the month for which the reimbursement is
claimed; and
‘‘(B) the final program operations report for
such month is submitted to the Secretary not later
than 90 days after the last day of such month.
‘‘(2) The Secretary may waive the requirements con-
tained in paragraph (1) at the discretion of the Secretary.’’.
(c) REQUIREMENT
OF
NEGOTIATED
RULEMAKING
PROCESS IN ISSUING REGULATIONS UNDER THE NATIONAL
SCHOOL LUNCH ACT AND THE CHILD NUTRITION ACT OF
1966.—Section 12 of such Act (42 U.S.C. 1760) (as amend-
ed by subsection (b)) is further amended by adding at the
end the following new subsection:
‘‘(k)(1) The Secretary is authorized to issue such regu-
lations as are necessary to reasonably ensure that there is
compliance with this Act and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
‘‘(2)(A) Prior to publishing proposed regulations in
the Federal Register to carry out this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (except the
special supplemental nutrition program under section 17
of such Act), the Secretary shall obtain the advice and rec-
ommendations of representatives of Federal, State, and
local school administrators, school food service administra-
tors, other school food service personnel, parents, teachers,
industry representatives, public interest anti-hunger orga-
nizations, doctors specializing in pediatric nutrition, and
nutritionists involved with the implementation and oper-
ation of programs under this Act and the Child Nutrition
Act of 1966.
‘‘(B) Such advice and recommendations may be ob-
tained through such mechanisms as regional meetings and
electronic exchanges of information. The Secretary shall
take into account such information in the development of
proposed regulations and shall publish a summary of such
information in the Federal Register together with such pro-
posed regulations.
‘‘(C) After obtaining such advice and recommenda-
tions, and prior to publishing proposed regulations, the Sec-
retary shall—
‘‘(i) establish a negotiated rulemaking process on
issues, including—
‘‘(I) nutrition requirements and their im-
plementation; and
‘‘(II) program compliance and accountabil-
ity requirements;
‘‘(ii) select individuals to participate in such
process from among individuals or groups which pro-
vided advice and recommendations, with representa-
tion from all geographic regions (to the extent pos-
sible, the Secretary shall select individuals reflecting
the diversity in the program, including representa-
tives of both large and small programs, as well as in-
dividuals serving urban and rural areas); and
‘‘(iii) prepare a draft of proposed policy options
that shall be provided to the individuals selected by
the Secretary under clause (ii) not less than 45 days
prior to the first meeting under such process.
‘‘(D) Such process—
‘‘(i) shall be conducted in a timely manner to
ensure that final regulations are issued by the Sec-
retary not later than 240 days after the date of the
enactment of the Healthy Meals for Healthy Ameri-
cans Act of 1994; and
‘‘(ii) shall not be subject to the Federal Advisory
Committee Act but shall otherwise follow the provi-
sions of the Negotiated Rulemaking Act of 1990 (5
U.S.C. 561 et seq.).
‘‘(E) In an emergency situation in which regulations
to carry out this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) must be issued with a very limited
time to assist State and local educational agencies with the
operation of the program, the Secretary may issue proposed
regulations without following such process but shall, imme-
diately thereafter and prior to issuing final regulations,
conduct regional meetings to review such proposed regula-
tions.’’.
(d) AUTHORITY OF SECRETARY TO WAIVE STATUTORY
AND REGULATORY REQUIREMENTS UNDER THE NATIONAL
SCHOOL LUNCH ACT AND THE CHILD NUTRITION ACT OF
1966.—Section 12 of such Act (42 U.S.C. 1760) (as amend-
ed by subsections (b) and (c)) is further amended by adding
at the end the following new subsection:
‘‘(l)(1)(A) The Secretary may waive any requirement
under this Act or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), or any regulation issued under such
Acts, for a State or eligible service provider that requests
a waiver if—
‘‘(i) the Secretary determines that the waiver of
such requirement would facilitate the ability of the
State or eligible service provider to carry out the pur-
pose of the program;
‘‘(ii) a State or eligible service provider has pro-
vided notice and information to the public regarding
the proposed waiver; and
‘‘(iii) the State or eligible service provider dem-
onstrates to the satisfaction of the Secretary that such
waiver will not increase the overall cost of the pro-
gram to the Federal government, and, if such waiver
does increase such overall cost to the Federal govern-
ment, such cost will be paid from non-Federal funds.
‘‘(B) Such notice and information shall be provided
in the same manner in which such State or eligible service
provider customarily provides similar notices and informa-
tion to the public.
‘‘(2)(A) To request a waiver, a State or eligible service
provider shall submit an application to the Secretary
that—
‘‘(i) identifies the statutory or regulatory re-
quirements that are requested to be waived;
‘‘(ii) in the case of a State requesting a waiver,
describes actions, if any, that the State has under-
taken to remove State statutory or regulatory bar-
riers;
‘‘(iii) describes the goal of the waiver to improve
services under the program and the expected outcomes
if the waiver is granted;
‘‘(iv) includes a description of the impediments
to the efficient operation and administration of the
program;
‘‘(v) describes the management goals to be
achieved, such as fewer hours devoted to or fewer
number of personnel involved in the administration of
the program;
‘‘(vi) provides a timetable for implementing the
waiver; and
‘‘(vii) describes the process the State or eligible
service provider will use to monitor the progress in
implementing the waiver, including the process for
monitoring the cost implications of the waiver to the
Federal government.
‘‘(B) An application described in subparagraph (A)
shall be developed by the State or eligible service provider
and shall be submitted to the Secretary by the State.
‘‘(3)(A) The Secretary shall act promptly on a waiver
request contained in an application submitted under para-
graph (2) and shall either grant or deny such request. The
Secretary shall state in writing the reasons for granting
or denying such request.
‘‘(B) If the Secretary grants a waiver request, the Sec-
retary shall state in writing the expected outcome of grant-
ing such a waiver.
‘‘(C) The result of the decision of the Secretary shall
be disseminated by the State or eligible service provider to
interested parties, including educators, parents, students,
advocacy and civil rights organizations, other interested
parties, and the public.
‘‘(D)(i) Except as provided in clause (ii), a waiver
granted by the Secretary shall be for a period not to exceed
three years.
‘‘(ii) The Secretary may extend such period if the Sec-
retary determines that the waiver has been effective in ena-
bling the State or eligible service provider to carry out the
purposes of the program.
‘‘(4) The Secretary may not grant a waiver under
paragraph (3) of any requirement relating to—
‘‘(A) the nutritional content of meals served;
‘‘(B) Federal reimbursement rates;
‘‘(C) the provision of free and reduced price
meals;
‘‘(D) offer versus serve provisions;
‘‘(E) limits on the price charged for a reduced
price meal;
‘‘(F) maintenance of effort;
‘‘(G) equitable participation of children in pri-
vate schools;
‘‘(H) distribution of funds to State and local
school food service authorities;
‘‘(I) prohibiting the disclosure of information re-
lating to students receiving free or reduced price
meals;
‘‘(J) prohibiting the operation of a profit pro-
ducing program;
‘‘(K) the sale of competitive foods; and
‘‘(L) the commodity distribution pro-
gram under section 14 of this Act; and
‘‘(L) (M) enforcement of any constitutional or
statutory right of an individual, including any right
under—
‘‘(i) title VI of the Civil Rights Act of 1964;
‘‘(ii) Section 504 of the Rehabilitation Act
of 1973;
‘‘(iii) title IX of the Education Amendments
of 1972;
‘‘(iv) the Age Discrimination Act of 1975;
and
‘‘(v) the Americans with Disabilities Act of
1990.
‘‘(5) The Secretary shall periodically review the per-
formance of any State or eligible service provider for which
the Secretary has granted a waiver and shall terminate the
waiver if the performance of the State or service provider
has been inadequate to justify a continuation of the waiver.
The Secretary shall terminate the waiver if, after periodic
review, the Secretary determines that the waiver has re-
sulted in increased Federal spending and such increased
Federal spending has not been paid for in accordance with
paragraph (1)(A)(iii).
‘‘(6)(A)(i) An eligible service provider that receives a
waiver under this section shall annually submit to the State
a report that—
‘‘(I) describes the use of such waiver by the eligi-
ble service provider; and
‘‘(II) evaluates how the waiver contributed to
improved services to children served by the program
for which the waiver was requested.
‘‘(ii) The State shall annually submit to the Secretary
a report that summarizes all reports received by the State
from eligible service providers.
‘‘(B) The Secretary shall annually submit to the Com-
mittee on Education and Labor and the Committee
SEC. 304. AMENDMENT TO COMMODITY DISTRIBUTION RE-
FORM ACT AND WIC AMENDMENTS OF 1987.
Section 3(h)(3) of the Commodity Distribution Reform
Act and WIC Amendments of 1987 is amended by striking
‘‘Hawaii,’’.
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