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fused by such school; and (2) the fresh fruits and
vegetables purchased under paragraph (1) are in ad-
dition to any purchase of fresh fruits and vegetables
that would otherwise have been made by such school
for such school year. The value of any fresh fruits
and vegetables refused by a school under the preced-
ing sentence for a school year shall not be included
in the calculation to determine the 20 percent of the
total value of agricultural commodities and other
foods tendered to such school in such school year
under the second sentence of this subsection.’’.
(b) REQUIREMENT OF MINIMUM PERCENTAGE OF
COMMODITY ASSISTANCE.—Section 6 of such Act (42
U.S.C. 1755) is amended by adding at the end the follow-
ing new subsection:
‘‘(g)(1) Subject to paragraph (2), in each school year
the Secretary shall ensure that not less than 12 percent
of the assistance provided under section 4, this section,
and section 11 of this Act shall be in the form of commod-
ities provided under this section.
‘‘(2) If amounts available to carry out the require-
ments of the sections described in paragraph (1) are insuf-
ficient to meet the requirement contained in such para-
graph for a school year, the Secretary shall, to the extent
necessary, use the authority provided under section 14(a)
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of this Act to meet such requirement for such school
year.’’.
SEC. 102. TECHNICAL ASSISTANCE TO ENSURE COMPLI-
ANCE WITH NUTRITIONAL REQUIREMENTS
UNDER THE SCHOOL LUNCH PROGRAM, THE
SUMMER 
FOOD 
SERVICE 
PROGRAM 
FOR
CHILDREN, 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
pursuant to subparagraph (A). The Secretary shall pro-
vide additional technical assistance to those schools that
are having difficulty maintaining compliance with such re-
quirements.’’.
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(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
technical assistance to service institutions and pri-
vate nonprofit organizations participating in the pro-
gram to assist such institutions and organizations in
complying with the nutritional requirements pre-
scribed by the Secretary pursuant to this subpara-
graph. The Secretary shall provide additional tech-
nical assistance to those service institutions and pri-
vate nonprofit organizations that are having dif-
ficulty maintaining compliance with such require-
ments.’’; 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
amended—
(1) by striking ‘‘(1) Meals served by institu-
tions’’ and inserting ‘‘(1)(A) Meals served by institu-
tions’’; and
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(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 pro-
vide additional technical assistance to those institutions
and family or group day care home sponsoring organiza-
tions that are having difficulty maintaining compliance
with such requirements.’’.
SEC. 103. NUTRITIONAL AND OTHER PROGRAM REQUIRE-
MENTS.
(a) MINIMUM NUTRITIONAL REQUIREMENTS BASED
ON WEEKLY AVERAGE
OF NUTRIENT CONTENT
OF
SCHOOL LUNCHES.—Section 9(a)(1)(A) of the National
School Lunch Act (42 U.S.C. 1758(a)(1)(A)) (as amended
by section 102(a)) is further amended—
(1) by striking ‘‘; except that such minimum
nutritional requirements’’ and inserting ‘‘, except
that—
‘‘(i) such minimum nutritional requirements’’;
(2) by striking the period at the end and insert-
ing ‘‘; and’’; and
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(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
PROVISION 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
INFORMATION 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 administering programs under this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall use
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information submitted for the purpose of receiving bene-
fits under such programs only for the purpose of determin-
ing 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
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(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 depend-
ent 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 para-
graph:
‘‘(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
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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 sec-
tion 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 existing 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.—Sec-
tion 9 of such Act (42 U.S.C. 1758) (as amended by sub-
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section (e)) is further amended by adding at the end the
following new subsection:
‘‘(g)(1) The Secretary shall purchase fish and fish
products for distribution under section 14 only if such fish
and fish products are—
‘‘(A) produced in compliance with the continu-
ous official establishment and product inspection of
the National Marine Fisheries Service; or
‘‘(B) produced in compliance with the hazard
analysis critical control point requirements promul-
gated by the Secretary of Health and Human Serv-
ices, beginning on the date of the implementation of
such requirements.
‘‘(2) Beginning on and after the date of the imple-
mentation of the requirements described in paragraph
(1)(B), the Secretary shall ensure that fish and fish prod-
ucts purchased by schools participating in the school lunch
program are produced in compliance with such require-
ments.’’.
SEC. 104. SPECIAL ASSISTANCE FOR SCHOOLS ELECTING
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—
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(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 in-
serting—
‘‘(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
accordance with such clause.
‘‘(bb) Any period of time in the current 3-year period
during which the school served free lunches to all children
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in such school in accordance with clause (i) shall count
toward 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
determines, through available socioeconomic data ap-
proved by the Secretary, that the income level of the popu-
lation of the school has remained stable. The State may
further use such data in subsequent 5-year periods to en-
sure 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
breakfasts, elects to serve all children in that school free
lunches and free breakfasts under the school lunch pro-
gram and the school breakfast program during any period
of 4 successive years and (ii) pays, from sources other
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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 dur-
ing that period, total Federal cash reimbursements and
total commodity assistance shall be provided to the State
educational agency with respect to such school at a level
equal to the total Federal cash reimbursements and total
commodity assistance received by the school in the pre-
vious year, adjusted annually for changes in inflation in
accordance with paragraph (3)(B) and for changes in en-
rollment, to carry out the purposes of the school lunch
or school breakfast programs. The State may grant a re-
newal of the authority under the preceding sentence to
such schools at the end of such 4-year period, if the State
determines, through available socioeconomic data ap-
proved by the Secretary, that the income level of the popu-
lation of the school has remained consistent with the in-
come level of the population of the school in the year upon
which the total Federal reimbursement is based.’’.
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SEC. 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 avail-
ability 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 applica-
ble 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
participating in the school lunch program at the