184 
diminished as a result of funds or commodities re-
ceived under paragraph (4) or (5). 
‘‘(c) STATE DISBURSEMENT TO SCHOOLS.—Funds 
paid to any State during any fiscal year for the purpose 
of this section shall be disbursed by the State educational 
agency, in accordance with such agreements approved by 
the Secretary as may be entered into by such State agency 
and the schools in the State, to those schools in the State 
which the State educational agency, determines are eligi-
ble to participate in the school breakfast program. 
‘‘(d) PARTICIPATION BY SCHOOLS.— 
‘‘(1) REQUIREMENTS FOR PARTICIPATION.—To 
be eligible to participate in the school breakfast pro-
gram under this section, a school food authority 
shall— 
‘‘(A) agree to serve all breakfasts at no 
charge to all students who wish to participate 
without regard to family income in all partici-
pating schools; and 
‘‘(B) meet all other requirements that the 
Secretary may reasonably establish. 
‘‘(2) START-UP ASSISTANCE.—The Secretary is 
authorized to provide additional assistance to schools 
not participating in the school breakfast program 
prior to the enactment of the Family and Workplace 
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185 
Balancing Act of 2011 in order to assist such 
schools to begin participation in the school breakfast 
program under this section. 
‘‘(3) STATE
EDUCATIONAL
AGENCY
ASSIST-
ANCE.—Each State educational agency shall assist 
schools not participating in the school breakfast pro-
gram prior to the enactment of the Family and 
Workplace Balancing Act of 2011 to enter into 
agreements with such agencies in order to partici-
pate in the school breakfast program under this sec-
tion. 
‘‘(e) NUTRITIONAL AND OTHER PROGRAM REQUIRE-
MENTS.— 
‘‘(1) 
MINIMUM
NUTRITIONAL
REQUIRE-
MENTS.—Breakfasts served by schools participating 
in the school breakfast program under this section 
shall consist of a combination of foods and shall 
meet minimum nutritional requirements prescribed 
by the Secretary on the basis of tested nutritional 
research, except that the minimum nutritional re-
quirements shall be measured by not less than the 
weekly average of the nutrient content of school 
breakfasts. 
‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— 
The Secretary shall provide through State edu-
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186 
cational agencies technical assistance and training, 
including technical assistance and training in the 
preparation of foods high in complex carbohydrates 
and lower-fat versions of foods commonly used in the 
school breakfast program established under this sec-
tion, to schools participating in the school breakfast 
program to assist the schools in complying with the 
nutritional requirements prescribed by the Secretary 
pursuant to paragraph (1) and in providing appro-
priate meals to children with medically certified spe-
cial dietary needs. 
‘‘(3) OPTION VERSUS SERVE.—At the option of 
a local school food authority, a student in a school 
under the authority that participates in the school 
breakfast program under this Act may be allowed to 
refuse not more than one item of a breakfast that 
the student does not intend to consume. A refusal of 
an offered food item shall not affect the amount of 
payments made under this Act to a school for the 
breakfast.’’. 
(b) TECHNICAL AMENDMENTS.— 
(1) CHILD NUTRITION ACT OF 1966.—Section 
20 of the Child Nutrition Act of 1966 (42 U.S.C. 
1789) is amended by striking subsection (b) and re-
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187 
designating subsections (c) through (e) as sub-
sections (b) through (d), respectively. 
(2) RICHARD B. RUSSELL NATIONAL SCHOOL 
LUNCH
ACT.—The Richard B. Russell National 
School Lunch Act is amended— 
(A) in section 11(a)(1)— 
(i) in subparagraph (C), by striking 
‘‘or breakfasts’’ each place it appears; 
(ii) in subparagraph (C)(i)(I), by 
striking ‘‘or in the case of a school’’ and 
all that follows through ‘‘4 successive 
school years’’; 
(iii) in subparagraph (D)(iii), by strik-
ing ‘‘, or for free and reduced price lunches 
and breakfasts,’’; 
(iv) in subparagraph (D)(iv), by strik-
ing ‘‘or school breakfast’’; 
(v) in subparagraph (E)(i)(I), by 
striking ‘‘or in the case of a school’’ and 
all that follows through ‘‘4 successive 
school years’’; and 
(vi) in subparagraph (E)(i)(II)— 
(I) by striking ‘‘or breakfasts’’ 
both places it appears; and 
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188 
(II) by striking ‘‘or school break-
fast’’; 
(B) in section 11(a)(3)(A)— 
(i) by striking clause (iii); and 
(ii) by redesignating clause (iv) as 
clause (iii); 
(C) in section 13(a)(1)(C), by striking ‘‘or 
breakfasts’’; and 
(D) in section 17— 
(i) in subsection (c), by striking para-
graph (2), and redesignating paragraphs 
(3) through (6) as paragraphs (2) through 
(5), respectively; and 
(ii) in subsection (f)(3)(E)(ii)(I), by 
striking ‘‘meals’’ and inserting ‘‘lunches’’. 
Subtitle C—Afterschool Education 
Enhancement Act 
SEC. 341. SHORT TITLE. 
This subtitle may be cited as the ‘‘Afterschool Edu-
cation Enhancement Act’’. 
SEC. 342. AMENDMENTS REGARDING 21ST CENTURY COM-
MUNITY LEARNING CENTERS. 
Part B of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7171 et seq.) is amend-
ed— 
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189 
(1) in subsection (a) of section 4203— 
(A) by striking paragraph (3); and 
(B) 
by 
redesignating 
paragraphs 
(4) 
through (14) as paragraphs (3) through (13), 
respectively; and 
(2) in section 4204— 
(A) in paragraph (2) of subsection (b)— 
(i) by striking subparagraph (F); and 
(ii) by redesignating subparagraphs 
(G) through (N) as subparagraphs (F) 
through (M), respectively; and 
(B) by amending paragraph (1) of sub-
section (i) to read as follows: 
‘‘(1) IN GENERAL.—In awarding grants under 
this part, a State educational agency shall give pri-
ority to applications submitted jointly by eligible en-
tities consisting of not less than— 
‘‘(A) 1 local educational agency receiving 
funds under part A of title I; and 
‘‘(B) 1 community-based organization or 
other public or private entity.’’. 
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190 
TITLE IV—IMPROVING THE 
WORKPLACE FOR FAMILIES 
Subtitle A—Part-Time and 
Temporary Workers Benefits 
SEC. 401. TREATMENT OF EMPLOYEES WORKING AT LESS 
THAN FULL-TIME UNDER PARTICIPATION, 
VESTING, AND ACCRUAL RULES GOVERNING 
PENSION PLANS. 
(a) PARTICIPATION RULES.— 
(1) IN
GENERAL.—Section 202(a)(3) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1052(a)(3)) is amended by adding at the 
end the following new subparagraph: 
‘‘(E)(i) For purposes of this paragraph, in the case 
of any employee who, as of the beginning of the 12-month 
period referred to in subparagraph (A)— 
‘‘(I) has customarily completed 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, or 
‘‘(II) is employed in a type of position in which 
employment customarily constitutes 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, 
completion of 500 hours of service within such period shall 
be treated as completion of 1,000 hours of service. 
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191 
‘‘(ii) For purposes of this subparagraph, the extent 
to which employment in any type of position customarily 
constitutes less than 1,000 hours of service per year shall 
be determined with respect to each pension plan in accord-
ance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in 
such plan.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
204(b)(1)(E) of such Act (29 U.S.C. 1054(b)(1)(E)) 
is amended by striking ‘‘section 202(a)(3)(A)’’ and 
inserting ‘‘subparagraphs (A) and (E) of section 
202(a)(3)’’. 
(b) VESTING RULES.— 
(1) IN GENERAL.—Section 203(b)(2) of such 
Act (29 U.S.C. 1053(b)(2)) is amended by adding at 
the end the following new subparagraph: 
‘‘(E)(i) For purposes of this paragraph, in the case 
of any employee who, as of the beginning of the period 
designated by the plan pursuant to subparagraph (A)— 
‘‘(I) has customarily completed 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, or 
‘‘(II) is employed in a type of position in which 
employment customarily constitutes 500 or more 
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192 
hours of service per year but less than 1,000 hours 
of service per year, 
completion of 500 hours of service within such period shall 
be treated as completion of 1,000 hours of service. 
‘‘(ii) For purposes of this subparagraph, the extent 
to which employment in any type of position customarily 
constitutes less than 1,000 hours of service per year shall 
be determined with respect to each pension plan in accord-
ance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in 
such plan.’’. 
(2) 1-YEAR
BREAKS
IN
SERVICE.—Section 
203(b)(3) of such Act (29 U.S.C. 1053(b)(3)) is 
amended by adding at the end the following new 
subparagraph: 
‘‘(F)(i) For purposes of this paragraph, in the case 
of any employee who, as of the beginning of the period 
designated by the plan pursuant to subparagraph (A)— 
‘‘(I) has customarily completed 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, or 
‘‘(II) is employed in a type of position in which 
employment customarily constitutes 500 or more 
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193 
hours of service per year but less than 1,000 hours 
of service per year, 
completion of 250 hours of service within such period shall 
be treated as completion of 500 hours of service. 
‘‘(ii) For purposes of this subparagraph, the extent 
to which employment in any type of position customarily 
constitutes less than 1,000 hours of service per year shall 
be determined with respect to each pension plan in accord-
ance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in 
such plan.’’. 
(c) ACCRUAL RULES.—Section 204(b)(4)(C) of such 
Act (29 U.S.C. 1054(b)(4)(C)) is amended— 
(1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and 
(2) by adding at the end the following new 
clauses: 
‘‘(ii) For purposes of this subparagraph, in the case 
of any employee who, as of the beginning of the period 
designated by the plan pursuant to clause (i)— 
‘‘(I) has customarily completed 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, or 
‘‘(II) is employed in a type of position in which 
employment customarily constitutes 500 or more 
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194 
hours of service per year but less than 1,000 hours 
of service per year, 
completion of 500 hours of service within such period shall 
be treated as completion of 1,000 hours of service. 
‘‘(iii) For purposes of clause (ii), the extent to which 
employment in any type of position customarily constitutes 
less than 1,000 hours of service per year shall be deter-
mined with respect to each pension plan in accordance 
with such regulations as the Secretary may prescribe pro-
viding for consideration of facts and circumstances pecu-
liar to the work-force constituting the participants in such 
plan.’’. 
SEC. 402. TREATMENT OF EMPLOYEES WORKING AT LESS 
THAN FULL-TIME UNDER GROUP HEALTH 
PLANS. 
(a) IN GENERAL.—Part 2 of subtitle B of title I of 
the Employee Retirement Income Security Act of 1974 is 
amended— 
(1) by redesignating section 211 (29 U.S.C. 
1061) as section 212; and 
(2) by inserting after section 210 (29 U.S.C. 
1060) the following new section: 
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