131 
(ii) by adding at the end the fol-
lowing: 
‘‘(D) PRODUCT PACKAGE SIZES.—In pro-
mulgating or revising regulations under this 
paragraph, the Secretary shall allow a range of 
product package sizes to be selected by partici-
pants. 
‘‘(E) CASH VALUE VOUCHERS.—In adjust-
ing annually for food cost inflation in the food 
package under this paragraph, the Secretary 
shall round to the nearest dollar increment. 
‘‘(F) PARTICIPANT CHOICE OPTIONS.—The 
Secretary shall maximize opportunities for 
State agency flexibility to ensure adequate and 
appropriate participant choice to meet partici-
pant needs and cultural preferences in supple-
mental foods made available under this sec-
tion.’’; 
(6) in subsection (g), by striking paragraph 
(1)(A) and inserting the following: 
‘‘(A) AUTHORIZATION.—There are author-
ized to be appropriated to carry out this section 
$6,350,000,000 for each of fiscal years 2017 
through 2021.’’; 
(7) in subsection (h)— 
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(A) in paragraph (8)(A)— 
(i) in clause (vi)— 
(I) by striking ‘‘Effective begin-
ning’’ and inserting the following: 
‘‘(I) IN GENERAL.—Effective be-
ginning’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(II) INFANT FORMULA.—Effec-
tive beginning on the date of the en-
actment of the Improving Child Nutri-
tion and Education Act of 2016, a 
State agency that has fully imple-
mented electronic benefits transfer 
systems throughout the State shall 
have in effect a system to ensure that 
infant formula rebate invoices, under 
competitive bidding, provide an actual 
count of the number of units sold to 
participants in the program under this 
section.’’; and 
(ii) by adding at the end the fol-
lowing: 
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‘‘(xi) 
CONTRACT
DURATION.—The 
contracts awarded under clause (iii) shall 
specify that— 
‘‘(I) if the income eligibility limit 
under title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.) for preg-
nant women or infants is substantially 
increased, the contractor may termi-
nate the existing contract effective on 
the later of— 
‘‘(aa) the date that is 1 year 
after the date on which the State 
decision to increase the eligibility 
limit by amending the State plan 
is made by— 
‘‘(AA) adopting State 
legislation; 
‘‘(BB) issuing a State 
executive order or adminis-
trative rule; or 
‘‘(CC) any other appli-
cable State process, as de-
termined by the Secretary; 
and 
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‘‘(bb) the first day of the 
month during which the increase 
takes effect; and 
‘‘(II) if a contractor elects to ter-
minate a contract pursuant to sub-
clause (I), the contractor shall notify 
the State agency by not later than the 
date that is 1 year before the pro-
posed date of termination.’’; 
(B) in paragraph (9)— 
(i) in subparagraph (B)— 
(I) in clause (i)— 
(aa) in subclause (I), by 
striking ‘‘and’’ at the end; and 
(bb) by adding at the end 
the following: 
‘‘(III) limit the term of any con-
tract (including any extension or re-
newal period) to a maximum of 5 
years, subject to the condition that 
any such extension or renewal shall be 
approved only on mutual consent of 
the contractor and the State agency; 
‘‘(IV) agree to provide, by not 
later than 180 days before exercising 
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any 
termination 
for 
convenience 
clause, a written notice to each af-
fected contractor; 
‘‘(V) agree— 
‘‘(aa) to receive an annual 
audit of infant formula rebate in-
voices by a contractor; and 
‘‘(bb) to provide to each con-
tractor accurate monthly redemp-
tion files; and 
‘‘(VI) agree not to provide any 
State preference to any bidder in eval-
uating bids;’’; 
(II) in clause (iii), by striking 
‘‘and’’ at the end; 
(III) in clause (iv)— 
(aa) by striking ‘‘30’’ and 
inserting ‘‘45’’; and 
(bb) by striking the period 
at the end and inserting a semi-
colon; 
(IV) by redesignating clauses (iii) 
and (iv) as clauses (iv) and (v), re-
spectively; 
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(V) by inserting after clause (ii) 
the following: 
‘‘(iii) for any State agency that has 
fully implemented electronic benefits trans-
fer systems throughout the State, have a 
system to ensure that rebate invoices 
under competitive bidding provide an ac-
tual count of the number of units lawfully 
sold to participants in the program under 
this section;’’; and 
(VI) by adding at the end the fol-
lowing: 
‘‘(vi) provide a process to negotiate 
the amount of funds to be returned to the 
bidder by the State agency, and the meth-
od of return, on determining and verifying 
that rebates were paid on any food, includ-
ing infant formula, sold under fraudulent 
means; 
‘‘(vii) open bids and enter into a con-
tract under paragraph (8)(A)(iii) only after 
making a reasonable effort to confirm in 
writing, via email or other means, that the 
manufacturers on the list the State agency 
maintains under paragraph (8)(A)(ix) re-
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ceived the initial request for proposals or 
other bid solicitation document by not later 
than the date that is 45 days before the 
date on which the bids are due; 
‘‘(viii) agree to provide to contractors 
supporting documentation for monthly in-
voices, subject to the participant and ven-
dor confidentiality protections under pro-
gram rules; and 
‘‘(ix) not later than the date that is 
90 days after the date for opening bids, 
submit to the Secretary a copy of the bid 
solicitation and any other contract docu-
ments.’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(D) CERTAIN FOOD FOR INFANTS.—Be-
fore any State agency solicits bids for a con-
tract for infant fruits, vegetables, cereal, or 
meat under a competitive bidding system, the 
State agency shall— 
‘‘(i) consider— 
‘‘(I) the impact of the contract 
on— 
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infant fruits, vegetables, cereal, 
and meat; and 
‘‘(cc) an analysis of the 
costs and benefits of the con-
tract, including an examination 
of retail prices of infant fruits, 
vegetables, cereal, and meat.’’; 
(C) in paragraph (11)(E)— 
(i) by striking ‘‘If a State’’ and insert-
ing the following: 
‘‘(i) IN GENERAL.—If a State’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(ii) REQUIREMENT.—Effective not 
later than 120 days after the date of the 
enactment the Improving Child Nutrition 
and Education Act of 2016, in calculating 
average payments per voucher under clause 
(i), a State agency shall exclude food in-
struments not fully redeemed, based on an 
actual count or a reasonable estimate.’’; 
(D) in paragraph (12)— 
(i) in subparagraph (A)(i), by striking 
‘‘food delivery system that provides’’ and 
inserting ‘‘method to deliver’’; and 
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141 
(ii) by adding at the end the fol-
lowing: 
‘‘(H) REGULATIONS.—As State agencies 
transition to electronic benefit transfer for the 
program, the Secretary shall update regulations 
to account for the fact that State agencies— 
‘‘(i) are receiving transaction pricing 
more frequently than twice a year from 
vendors; and 
‘‘(ii) should adjust vendor reimburse-
ment levels more frequently to reflect pro-
gram food price changes in the market-
place. 
‘‘(I) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.— 
‘‘(i) IN GENERAL.—There is author-
ized to be appropriated to carry out this 
paragraph $25,000,000 for each of fiscal 
years 2017 through 2019. 
‘‘(ii) USE.—The Secretary shall allo-
cate the funds made available under this 
subparagraph to States for purposes of en-
hancing and accelerating the implementa-
tion of electronic benefit transfer systems. 
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‘‘(J) PENALTY
FOR
NONCOMPLIANCE.— 
For any State agency that fails to comply with 
subparagraph (B), including a State agency re-
ceiving an exemption under subparagraph (C), 
the Secretary shall— 
‘‘(i) withhold such amounts otherwise 
required to be allocated to the State agen-
cy for nutrition services and administration 
as the Secretary determines to be appro-
priate; and 
‘‘(ii) direct the amounts withheld for 
use by the State agency solely for achiev-
ing compliance with subparagraph (B).’’; 
and 
(E) in paragraph (13), by adding at the 
end the following: 
‘‘(C) ACCESS.—The Secretary shall make 
available upon request the national universal 
product code database to vendors approved for 
participation in the special supplemental food 
program established under this section.’’; 
(8) by striking subsection (k); 
(9) by redesignating subsections (l) through (q) 
as subsections (k) through (p), respectively; 
(10) in subsection (o) (as so redesignated)— 
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(A) in paragraphs (1) and (2)(B), by strik-
ing ‘‘subsection (o)(1)(A)’’ each place it appears 
and inserting ‘‘subsection (n)(1)(A)’’; 
(B) in paragraph (5)— 
(i) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (D), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(E) fifth, to reimburse any WIC infant 
formula manufacturer for any rebate provided 
to the State agency on WIC infant formula un-
lawfully trafficked under a provision of law de-
scribed in paragraph (2).’’; and 
(C) by adding at the end the following: 
‘‘(6) NOTICE OF INVESTIGATION.— 
‘‘(A) IN GENERAL.—For any investigation 
into the trafficking of WIC infant formula pur-
suant to this subsection, the Secretary shall 
provide notice of resolution of the disposition of 
an unlawful action resulting from the investiga-
tion to all contracted manufacturers of the traf-
ficked infant formula. 
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‘‘(B) ESTIMATES.—Not later than 60 days 
after the date on which notice is provided under 
subparagraph (A), the State shall submit to the 
contracted manufacturer an estimate of— 
‘‘(i) the number of units, if any, for 
which rebates may have been issued as a 
result of the violation; and 
‘‘(ii) the total dollar amount of the re-
bates.’’; and 
(11) by adding at the end the following: 
‘‘(q) FRAUD AND SAFETY REVIEW.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of the Improving 
Child Nutrition and Education Act of 2016, the Sec-
retary shall review current guidance, regulations, 
and practices regarding fraud and safety for pur-
poses of this section. 
‘‘(2) INCLUSIONS.—The review under para-
graph (1) shall include a review of issues relating 
to— 
‘‘(A) excess and unused infant formula; 
‘‘(B) invoices pertaining to products sub-
ject to rebate; 
‘‘(C) the sale of infant formula by unau-
thorized entities; and 
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145 
‘‘(D) the purchase of infant formula from 
unauthorized entities. 
‘‘(3) UPDATES.—Based on the findings of the 
review under paragraph (1), the Secretary shall up-
date current regulations and guidance and issue ad-
ditional regulations and guidance, as necessary— 
‘‘(A) to minimize fraud; and 
‘‘(B) to ensure the safety of participants. 
‘‘(r) COOPERATION
WITH
LAW
ENFORCEMENT 
AGENCIES.—Notwithstanding any other provision of law, 
State agencies and law enforcement agencies shall share 
WIC vendor information relating to investigations or pros-
ecutions under the program under this section, as deter-
mined by the Secretary. 
‘‘(s) PILOT PROJECTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary may conduct pilot projects to test al-
ternative certification and food delivery procedures 
under this section. 
‘‘(2) 
PROHIBITION.—In 
conducting 
pilot 
projects under paragraph (1), the Secretary may not 
waive or modify the application of program eligi-
bility, supplemental foods, or cost containment re-
quirements. 
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146 
‘‘(3) EVALUATION.—The Secretary shall evalu-
ate each pilot project carried out under this sub-
section after the pilot project has been in operation 
for 3 years.’’. 
(b) WIC FARMER’S MARKET.—Section 17(m)(9)(A) 
of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(m)(9)(A)) is amended to read as follows: 
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated 
to 
carry 
out 
this 
subsection 
$18,548,000 for each of fiscal years 2017 
through 2021.’’. 
(c) REVIEW
OF
ADJUNCTIVE
ELIGIBILITY
FOR 
WIC.— 
(1) DEFINITIONS.—In this subsection: 
(A) ADJUNCTIVELY ELIGIBLE.—The term 
‘‘adjunctively eligible’’ with respect to an indi-
vidual, means an individual who is eligible for 
WIC under section 17(d)(2)(A)(iii) of the Child 
Nutrition 
Act 
of 
1966 
(42 
U.S.C. 
1786(d)(2)(A)(iii)). 
(B) COMPTROLLER GENERAL.—The term 
‘‘Comptroller General’’ means the Comptroller 
General of the United States. 
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(C) MEDICAID.—The term ‘‘Medicaid’’ 
means the Medicaid program under title XIX of 
the Social Security Act (42 U.S.C. 1396 et 
seq.). 
(D) POVERTY LINE.—The term ‘‘poverty 
line’’ means the most recent annual Federal 
Poverty Income Guidelines published by the De-
partment of Health and Human Services. 
(E) WIC.—The term ‘‘WIC’’ means the 
special supplemental nutrition program for 
women, infants, and children established by sec-
tion 17 of the Child Nutrition Act of 1966 (42 
U.S.C. 1786). 
(2) STUDY.—The Comptroller General shall 
conduct a study to examine the impact of adjunctive 
eligibility on WIC participation, including the admin-
istrative burden, number of participants in WIC, 
and other impacts on the participants. 
(3) ADJUNCTIVE ELIGIBILITY AND INCOME OF 
WIC PARTICIPANTS.— 
(A) IN
GENERAL.—In conducting the 
study described in paragraph (2), the Comp-
troller General shall examine the extent to 
which individuals certified as adjunctively eligi-
ble to receive supplemental foods and services 
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through WIC have income above 185 percent of 
the poverty line. 
(B) DATA.— 
(i) DATA
COLLECTION.—The Comp-
troller General shall collect data to deter-
mine— 
(I) the total number of pregnant 
women, 
postpartum 
women, 
breastfeeding women, infants, and 
children participating in WIC; 
(II) an estimate of the share of 
individuals described in subclause (I) 
who are certified as adjunctively eligi-
ble under section 17(d)(2)(A)(iii) of 
the Child Nutrition Act of 1966 (42 
U.S.C. 1786(d)(2)(A)(iii)); and 
(III) an estimate of the share of 
individuals described in subclause (II) 
for whom income (for purposes of 
Medicaid eligibility) is above 185 per-
cent of the poverty line, above 250 
percent of the poverty line, above 300 
percent of the poverty line, and above 
any other demarcation thresholds as 
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determined by the Comptroller Gen-
eral. 
(ii) SOURCES.—The Comptroller Gen-
eral shall collect the information described 
in clause (i) from— 
(I) WIC program data for sub-
clauses (I) and (II) of that clause; 
and 
(II) a review of the income of a 
representative sample of WIC partici-
pants (for purposes of Medicaid eligi-
bility) at the time of WIC certification 
(for subclause (III) of that clause). 
(iii) OTHER.—The estimate developed 
under clause (i)(III) shall be based on data 
collected in selected States in which the in-
come eligibility limit for infants under 1 
year of age for Medicaid is at or above 185 
percent of the poverty line. 
(4) USE OF INCOME DATA TO INFORM MED-
ICAID
ADJUNCTIVE
ELIGIBILITY
DETERMINA-
TIONS.— 
(A) IN GENERAL.—Following collection of 
the data described in paragraph (3), the Comp-
troller General shall assess the feasibility, bene-
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fits, and costs of requiring that WIC use an 
automated process to document that only appli-
cants with income below a specified threshold 
may be certified as adjunctively eligible based 
solely on Medicaid receipt. 
(B) SCOPE.—The assessment described in 
subparagraph (A) shall include an evaluation of 
the capacity of the management information 
systems for both WIC and Medicaid, including 
the ability of the systems to exchange data. 
(C) WIC MANAGEMENT INFORMATION SYS-
TEMS.—The Comptroller General shall assess— 
(i) which State agencies and tribal or-
ganizations operating WIC use manage-
ment information systems with the capac-
ity, via an automated process, for local 
WIC clinics to document— 
(I) income as a share of the pov-
erty level for purposes of Medicaid eli-
gibility; or 
(II) Medicaid enrollment and in-
come below a specified level; 
(ii) the steps necessary to prepare all 
local WIC clinics to obtain and to access 
that income information as a part of the 
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WIC application process as well as part of 
the associated costs of modifying WIC 
automated systems and training staff; and 
(iii) other information determined rel-
evant by the Comptroller General, such as 
the impact of the identified steps on ad-
ministrative costs, clinical services, and 
waiting times for appointments. 
(D) MEDICAID
MANAGEMENT
INFORMA-
TION SYSTEMS.—The Comptroller General shall 
assess— 
(i) whether State’s mechanized claims 
processing and information retrieval sys-
tems under section 1903(a)(3)(A)(i) of the 
Social 
Security 
Act 
(42 
U.S.C. 
1396b(a)(3)(A)(i)) have the capacity to 
provide, at the time of WIC certification 
and via an automated process, data to an 
agency or tribal organization operating 
WIC regarding— 
(I) income as a share of the pov-
erty level for purposes of Medicaid eli-
gibility; or 
(II) whether a Medicaid recipient 
has income below a specified level; 
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(ii) the steps necessary to ensure that 
mechanized claims processing and informa-
tion retrieval systems in States for which 
the income eligibility limit for infants 
under 1 year of age under Medicaid is 
above 185 percent of the poverty line have 
the capacity to provide the information de-
scribed in clause (i) to local WIC clinics 
for the purpose of documenting adjunctive 
eligibility under an option that would limit 
that eligibility to individuals with income 
below a specific threshold; and 
(iii) other information determined rel-
evant by the Comptroller General and the 
Secretary of Health and Human Services, 
including the impact of the identified steps 
on administrative costs. 
(5) REPORT.—Not later than 18 months after 
the date of the enactment of this Act, the Comp-
troller General shall submit to the Committee on 
Education and the Workforce of the House of Rep-
resentatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate a report describ-
ing— 
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(A) the data collected under paragraph 
(3); 
(B) the assessments made under para-
graph (4); and 
(C) the feasibility, costs, and benefits of a 
new requirement that would only permit ad-
junctive eligibility for individuals with house-
hold income below a specified level. 
SEC. 207. TEAM NUTRITION NETWORK. 
Section 19 of the Child Nutrition Act of 1966 (42 
U.S.C. 1788) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘evidence-based’’ be-
fore ‘‘team nutrition messages’’; and 
(ii) by striking ‘‘developed by the Sec-
retary’’; 
(B) in paragraph (2), by inserting ‘‘under 
this Act and the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.)’’ be-
fore the period at the end; 
(C) in paragraph (4), by striking ‘‘pur-
poses; and’’ and inserting the following: ‘‘pur-
poses, including if appropriate— 
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‘‘(A) State and local nutrition education 
programs, health and wellness policies, nutrition 
and health education resources, and other State 
resources; and 
‘‘(B) Federal nutrition education efforts, 
including those programs under this Act and 
the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.);’’; and 
(D) in paragraph (5)— 
(i) by striking ‘‘helping children to 
maintain a healthy weight by’’; and 
(ii) by inserting ‘‘in and out of 
school’’ before the period at the end; 
(2) in subsection (b), by striking ‘‘(b)’’ and all 
that follows through ‘‘In this section, the term’’ and 
inserting the following: 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) NUTRITION EDUCATION.—The term ‘nutri-
tion education’ means the provision of individual or 
group learning opportunities and materials for chil-
dren and families that— 
‘‘(A) emphasize the relationship between 
nutrition, physical activity, and health with a 
goal of improving long-term dietary and phys-
ical health and increasing food security; and 
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155 
‘‘(B) include learning about food prepara-
tion. 
‘‘(2) TEAM NUTRITION NETWORK.—The term’’; 
(3) in subsection (c)— 
(A) by striking the subsection heading and 
inserting ‘‘STATE NETWORK GRANTS.—’’; and 
(B) by adding at the end the following: 
‘‘(4) ALLOCATION.—Subject to the availability 
of funds for use in carrying out this subsection, the 
total amount of funds made available for a fiscal 
year for grants under this subsection shall equal not 
more than the sum of— 
‘‘(A) the product obtained by multiplying 
1⁄2 cent by the number of lunches reimbursed 
through food service programs under the Rich-
ard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) during the second pre-
ceding fiscal year in schools, institutions, and 
service institutions that participate in the food 
service programs; and 
‘‘(B) the total value of funds received by 
the Secretary in support of this subsection from 
nongovernmental sources. 
‘‘(5) REQUIREMENTS
FOR
STATE
PARTICIPA-
TION.—To be eligible to receive a grant under this 
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subsection, a State agency shall submit to the Sec-
retary a plan, at such time and in such manner as 
the Secretary may require, including— 
‘‘(A) a description of the goals and pro-
posed State plan for addressing the nutrition of 
children; 
‘‘(B) a description of the means by which 
the State agency will use and disseminate the 
team nutrition messages and material to chil-
dren and, if appropriate, families of such chil-
dren; 
‘‘(C) an explanation of the ways in which 
the State agency will use the funds from the 
grant to work toward the goals required under 
clause (i), and to promote healthy eating in 
schools throughout the State; 
‘‘(D) a description of the ways in which 
the State team nutrition network messages and 
activities will be coordinated at the State and 
local level with other community health pro-
motion and education activities; 
‘‘(E) an annual summary of the team nu-
trition network activities and their effectiveness; 
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‘‘(F) a description of the ways in which 
school environments might support healthy eat-
ing and physical activity; and 
‘‘(G) a description of how all communica-
tions to parents and legal guardians of students 
who are members of a household receiving in-
formation under the program shall be in an un-
derstandable and uniform format and, to the 
maximum extent practicable, in a language that 
parents and legal guardians can understand. 
‘‘(6) STATE COORDINATOR.—Each State that 
receives a grant under this subsection may appoint 
a team nutrition network coordinator. Such coordi-
nator shall implement comprehensive, coordinated 
nutrition education programming through the team 
nutrition network, including to assist schools, school 
food authorities, and other child nutrition program 
providers in the State to administer and coordinate 
the team nutrition network activities. 
‘‘(7) AUTHORIZED ACTIVITIES.—A State agency 
that receives a grant under this section may use 
funds from the grant to— 
‘‘(A) identify the programs and services 
available to meet the health and nutritional 
needs of children and families in the State; 
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‘‘(B) disseminate team nutrition network 
messages and material that provide comprehen-
sive, coordinated nutrition and physical fitness 
awareness and obesity prevention education; 
‘‘(C) implement demonstration projects in 
schools to promote physical activity and to en-
hance the nutritional education provided to stu-
dents; 
‘‘(D) improve access to local foods through 
coordinating with farm-to-school grant activities 
that include the provision of nutrition edu-
cation; 
‘‘(E) encourage schools to develop healthy 
eating and lifestyle policies; 
‘‘(F) provide training and technical assist-
ance to teachers and school food service profes-
sionals consistent with the purposes of this sub-
section; and 
‘‘(G) collaborate with public and private 
and faith-based organizations, including com-
munity-based organizations, State medical asso-
ciations, and public health groups, to provide 
nutrition and physical education targeting lower 
income children, ethnic minorities, and youth at 
a greater risk for obesity or malnourishment.’’; 
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(4) by striking subsections (e) through (g) and 
(k); 
(5) by redesignating subsections (h) through (j) 
as subsections (e) through (f), respectively; 
(6) by redesignating subsection (l) as subsection 
(g); 
(7) in subsection (e) (as so redesignated)— 
(A) in the subsection heading, by inserting 
‘‘EDUCATION’’ after ‘‘NUTRITION’’; and 
(B) in paragraph (5)— 
(i) in subparagraph (A)— 
(I) in clause (i), by striking 
‘‘and’’ at the end; and 
(II) by adding at the end the fol-
lowing: 
‘‘(iii) incorporate nutrition education 
into physical and health education, and, if 
appropriate, afterschool programs, includ-
ing athletics; and’’; and 
(ii) in subparagraph (B)— 
(I) by striking clause (iv); 
(II) in clause (vii), by striking ‘‘a 
variety of healthy foods’’ and all that 
follows through ‘‘fruit bars’’ and in-
serting ‘‘a variety of healthy foods, in-
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cluding through initiatives to cre-
atively market such foods’’; 
(III) in clause (viii), by striking 
‘‘low-fat and nutrient dense’’ and in-
serting ‘‘healthy’’; and 
(IV) by redesignating clauses (v) 
through (ix) as clauses (iv) through 
(viii), respectively; 
(8) in subsection (e) (as so redesignated), by 
striking ‘‘may provide for technical assistance and 
grants’’ and inserting ‘‘shall provide for technical as-
sistance’’; and 
(9) in subsection (g) (as so redesignated) by 
striking ‘‘such sums’’ and all that follows through 
the period at the end and inserting ‘‘to carry out 
this section $17,000,000 for each fiscal year.’’. 
TITLE III—MISCELLANEOUS 
SEC. 301. REVIEWS. 
(a) TRIBAL FOODS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary 
shall review— 
(A) the barriers to including tribally pro-
duced, traditional, and culturally appropriate 
foods in child nutrition programs (as defined in 
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section 25(b) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1769f(b)) 
within tribal schools; and 
(B) the means of encouraging and assist-
ing enhanced inclusion of foods described in 
subparagraph (A) in child nutrition programs. 
(2) SCOPE.—In carrying out the review de-
scribed in paragraph (1), the Secretary shall— 
(A) survey and compile resources of the 
Department of Agriculture on the issue de-
scribed in paragraph (1)(A); 
(B) if necessary, clarify relevant Federal 
regulations governing schools and tribal pro-
ducers, including regulations relating to pro-
curement, reimbursement, and food safety; 
(C) involve all relevant agencies, including 
the Food and Nutrition Service and Office of 
Tribal Relations of the Department of Agri-
culture; and 
(D) submit to Congress a report describing 
the results of the review. 
(b) USE OF PROGRAM DATA.— 
(1) IN GENERAL.—The Secretary, jointly with 
the Secretary of Education, shall— 
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(A) review information regarding available 
alternative data sets for use in programs that 
are using free and reduced price meals data; 
and 
(B) determine the appropriateness of using 
such alternative data sets in place of free and 
reduced price meal program data by other pro-
grams to reduce the burden on local school food 
authorities. 
(2) REPORT TO CONGRESS.—Not later than 1 
year after the date of the enactment of this Act, the 
Secretaries shall submit to the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate a report that de-
scribes the results of the review and any rec-
ommendations of the Secretaries. 
(c) CREDITING AND LABELING PROGRAM.— 
(1) IN GENERAL.—The Secretary shall review 
and update the system of crediting and the vol-
untary child nutrition labeling program used in ad-
ministering— 
(A) the school lunch program established 
under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.); and 
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(B) the school breakfast program estab-
lished by section 4 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1773). 
(2) SCOPE.—The review described in paragraph 
(1) shall include, at a minimum— 
(A) the treatment of food products within 
previously established food categories and new 
products that have entered the commercial mar-
ketplace since the system of crediting and the 
voluntary child nutrition labeling program were 
developed; and 
(B) the timeliness in which applications for 
labels under the voluntary child nutrition label-
ing program are reviewed and are granted or 
denied. 
(3) REPORT TO CONGRESS.—Not later than 1 
year after the date of the enactment of this Act, the 
Secretary shall submit to the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate a report that de-
scribes the results of the review and any rec-
ommendations of the Secretary. 
(d) NUTRITIONAL ANALYSIS.—The Secretary shall— 
(1) review the practicability and feasibility of— 
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(A) conducting a nutritional analysis, 
using publicly and commercially available nutri-
tional information, of food products that are 
voluntarily submitted for use in child nutrition 
programs, outside of the reimbursable school 
meal; and 
(B) aggregating and making the informa-
tion obtained through that nutritional analysis 
publicly available for use by school food authori-
ties, food manufacturers, and other interested 
parties; and 
(2) if found practicable and feasible, proceed 
with the analysis, aggregation, and public avail-
ability. 
(e) OTHER.— 
(1) IN GENERAL.—The Secretary shall review— 
(A) the cost differences between— 
(i) providing meals and supplements 
under the Richard B. Russell National 
School Act (42 U.S.C. 1751 et seq.) and 
section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773) in Palau, Guam, 
American Samoa, the Commonwealth of 
Puerto Rico, the United States Virgin Is-
lands, and the Commonwealth of the 
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Northern Mariana Islands, respectively; 
and 
(ii) the average cost of providing 
meals and supplements under those provi-
sions of law in the 50 States and the Dis-
trict of Columbia; and 
(B) the relation of the cost differences de-
termined under subparagraph (A) to the na-
tional average payment rates for meals and 
supplements prescribed under sections 4, 11, 
13, and 17 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1753, 1759a, 
1761, 1766) and section 4(b) of the Child Nu-
trition Act of 1966 (42 U.S.C. 1773(b)). 
(2) REPORT TO CONGRESS.—Not later than 1 
year after the date of the enactment of this Act, the 
Secretary shall submit to the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate a report that de-
scribes the results of the review and any rec-
ommendations of the Secretary. 
(f) UNLAWFUL ACTIVITY.— 
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(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary 
shall review— 
(A) the number of instances and types of 
unlawful activity that occurred in the preceding 
3 years, including, at a minimum, instances of 
fraud, bid-rigging, and any other anticompeti-
tive activities carried out in connection with 
supplying, providing, or selling goods or services 
for a program under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et 
seq.) or the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.); and 
(B) the practices and procedures currently 
used by the Department of Agriculture to pre-
vent unlawful activity described in subpara-
graph (A). 
(2) SECRETARIAL RESPONSE.—Following com-
pletion of the review described in paragraph (1), the 
Secretary shall respond, if appropriate, by taking ac-
tion to reduce such unlawful activity, including, at a 
minimum— 
(A) revising any relevant guidance and reg-
ulations; 
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(B) issuing fines authorized under sub-
section (g) of section 25 of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 
1769f) (as amended by section 115); and 
(C) submitting to the appropriate commit-
tees of Congress recommendations for any legis-
lative changes needed to enhance program over-
sight. 
(3) SCOPE.—The actions described in para-
graph (2) shall be designed to reduce— 
(A) anticompetitive activities, including 
bid-rigging, price-fixing, the allocation of cus-
tomers between competitors, or other violation 
of Federal or State antitrust laws; 
(B) fraud, bribery, theft, forgery, or em-
bezzlement; 
(C) knowingly receiving stolen property; 
(D) making a false claim or statement; or 
(E) any other obstruction of justice. 
(g) INFANT FORMULA.—Not later than 180 days 
after the date of enactment of this Act, the Secretary 
shall— 
(1) review the current regulations regarding ca-
loric density standards for infant formula made 
available in the special supplemental nutrition pro-
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gram for women, infants, and children established 
by section 17 of the Child Nutrition Act of 1966 (42 
U.S.C. 1786); and 
(2) as appropriate, update the regulations based 
on the most recent scientific knowledge available. 
SEC. 302. PROGRAM DELIVERY. 
The Secretary shall work with States participating in 
programs authorized under the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et seq.) and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to 
encourage— 
(1) streamlining of program administration, in-
cluding data collection and reporting requirements, 
at the State level; 
(2) communication among State agencies ad-
ministering the programs; 
(3) coordination of administration of Federal 
benefits at the State level to ensure efficiency of pro-
gram delivery and improved access to participants; 
and 
(4) consolidation and elimination of duplicative 
or unnecessary Federal and State reporting require-
ments. 
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SEC. 303. PRODUCT AVAILABILITY. 
(a) IN GENERAL.—The Secretary shall, to the extent 
practicable, make available lactose-free milk with an ex-
tended shelf life for use in the commodity distribution pro-
gram authorized under section 14 of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1762a). 
(b) SIZE AND FORM.—The milk described in sub-
section (a) shall, to the extent practicable, be made avail-
able in a size and form acceptable for and conducive to 
consumption by school-aged children. 
SEC. 304. PROCUREMENT. 
In administering the summer food service program 
for children established under section 13 of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1761) 
and the child and adult care food program established 
under section 17 of such Act (42 U.S.C. 1766), the Sec-
retary shall ensure that— 
(1) service institutions participating in the pro-
grams have flexibility in determining the frequency 
of procurement and food items included in each so-
licitation; and 
(2) any procurement procedure implemented by 
a State agency is cost effective and efficient in meet-
ing the relevant meal pattern requirements. 
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SEC. 305. SCHOOL NUTRITION ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary shall 
establish a School Nutrition Advisory Committee (referred 
to in this section as the ‘‘Committee’’) to provide input 
in the administration of the school lunch program author-
ized under the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.) and the school breakfast pro-
gram established by section 4 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1773) (referred to in this section as 
‘‘child nutrition programs’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—Members of the Committee 
shall be appointed by the Secretary from rec-
ommendations made by the chair and ranking mem-
ber of the Committee on Education and the Work-
force of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of 
the Senate. Membership on the committee shall rep-
resent the following stakeholders: 
(A) An organization that conducts research 
and advocates on issues relating to child nutri-
tion. 
(B) An organization that advocates for 
cardiac health. 
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(C) 
A 
professional 
organization 
rep-
resenting dietitians. 
(D) A trade association representing fruit 
and vegetable growers. 
(E) A coalition of large urban school food 
authorities. 
(F) 2 representatives from State agencies 
that administer the child nutrition programs. 
(G) 
A 
professional 
organization 
rep-
resenting school food employees. 
(H) 
A 
professional 
organization 
rep-
resenting school board members. 
(I) A council representing large school dis-
tricts. 
(J) A professional association representing 
school administrators. 
(K) An entity that processes and manufac-
tures meat products. 
(L) An entity that processes and manufac-
tures dairy products. 
(M) An entity that processes and manufac-
tures grain products. 
(N) An entity that assists suppliers and 
school food authorities in selling and obtaining 
food products. 
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(O) A school food authority located in each 
of the 7 regions established for activities of the 
Food and Nutrition Service, including— 
(i) 3 representatives from districts lo-
cated in rural areas; 
(ii) 2 representatives from districts lo-
cated in urban areas; and 
(iii) 2 representatives from districts 
located in urban cluster areas as defined 
by census tract data. 
(P) A council that represents public offi-
cials who head departments of elementary and 
secondary education. 
(Q) 
A 
professional 
organization 
rep-
resenting pediatricians. 
(2) TERMS.—The members will serve on the 
Committee for a 3-year term. The chairmen of each 
congressional committee, under paragraph (1) shall 
alternate in appointing a chair and vice chair of the 
committee. 
(c) FUNCTION.—The Committee shall— 
(1) provide a venue for communication between 
stakeholders and the Department of Agriculture re-
garding child nutrition programs; 
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(2) give insight into child nutrition program im-
plementation; 
(3) review and make recommendations to the 
Secretary on policy development involving child nu-
trition programs; and 
(4) evaluate methods for programmatic and ad-
ministrative improvement of child nutrition pro-
grams. 
(d) MEETINGS.—The Committee shall meet quar-
terly. 
(e) STAFFING.—The Secretary shall provide such 
staff personnel as may be required to assist the Committee 
in carrying out the duties of the Committee, but such staff 
shall not interfere in the discussions or conclusions 
reached by the Committee. 
(f) TERMINATION.—The authority of the Committee 
shall terminate on September 30, 2025. 
SEC. 306. PAPERWORK REDUCTION. 
(a) IN GENERAL.—For any program authorized 
under the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 
1966 (42 U.S.C. 1771 et seq.), the Secretary shall— 
(1) periodically review regulations, guidance, 
and other requirements to evaluate the volume of in-
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formation required to be reported to the Department 
of Agriculture by program participants; and 
(2) if appropriate, streamline or otherwise re-
duce any unnecessary or duplicative paperwork, re-
porting requirements, and other administrative bur-
dens while maintaining program integrity. 
(b) REPORT.—Not later than 2 years after the date 
of the enactment of this Act and every 3 years thereafter, 
and upon any publishing of guidance or updated Federal 
requirements the Secretary shall submit to the Committee 
on Education and the Workforce of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate a report that describes any 
action the Secretary has taken under subsection (a) dur-
ing the preceding 3 calendar years, or in the case of a 
report submitted based on publishing updated guidance or 
requirements, a report on such action, including a deter-
mination of appropriateness under subsection (a)(2). 
SEC. 307. TECHNOLOGY. 
(a) USE OF TECHNOLOGY.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
shall— 
(1) review the current use of technology in the 
school lunch program established under the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
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1751 et seq.) and the school breakfast program es-
tablished by section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773); 
(2) identify opportunities in which enhanced use 
of technology would reduce the rate of errors in ad-
ministration of the programs by State agencies and 
local educational agencies; and 
(3) encourage State agencies and local edu-
cational agencies to use technology in the areas iden-
tified under paragraph (2). 
(b) IDENTIFICATION.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
shall— 
(1) review the feasibility and evaluate the bene-
fits of using a unique student identifier in the school 
lunch program established under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 
et seq.) and the school breakfast program estab-
lished by section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773); 
(2) submit to the Committee on Education and 
the Workforce of the House of Representatives and 
the Committee on Agriculture, Nutrition, and For-
estry of the Senate a report describing the results of 
the review under paragraph (1); and 
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(3) initiate implementation of a system for 
using a unique student identifier, unless implemen-
tation is not in the best interest of the programs de-
scribed in paragraph (1), or does not adequately 
protect student privacy. 
SEC. 308. TECHNICAL CORRECTIONS. 
(a) RICHARD
B. RUSSELL
NATIONAL
SCHOOL 
LUNCH ACT.— 
(1) The Richard B. Russell National School 
Lunch Act is amended in each of sections 4, 9, 9A, 
12, 19, 23, 24, and 25 (42 U.S.C. 1753, 1758, 
1758b, 1760, 1796a, 1769d, 1769e, 1769f) by strik-
ing ‘‘Committee on Education and Labor’’ each 
place it appears and inserting ‘‘Committee on Edu-
cation and the Workforce’’. 
(2) Section 9 of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1758) is amend-
ed— 
(A) by striking ‘‘foster child’’ each place it 
appears and inserting ‘‘foster youth’’; and 
(B) in subsection (b)(5)(B), by striking 
‘‘(42 U.S.C. 11434a(2))’’ and inserting ‘‘(42 
U.S.C. 11434a(2)))’’. 
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(3) Section 12 of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1760) is amend-
ed— 
(A) in subsection (d)(3), by striking 
‘‘U.S.C’’ and inserting ‘‘U.S.C.’’; 
(B) in subsection (m)(2), in the paragraph 
heading, by striking ‘‘AMERICAN’’ and inserting 
‘‘AMERICAN’’; and 
(C) in subsection (n)— 
(i) in paragraph (3), in the paragraph 
heading, by striking ‘‘HAWAII’’ and insert-
ing ‘‘HAWAII’’; and 
(ii) in paragraph (4), in the para-
graph heading, by striking ‘‘PUERTO RICO’’ 
and inserting ‘‘PUERTO RICO’’. 
(4) Section 14(c) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1762a(c)) is 
amended— 
(A) by striking ‘‘section 311(a)(4) of the 
Older Americans Act of 1965 (42 U.S.C. 
3030(a)(4))’’ and inserting ‘‘section 311(c)(4) 
of the Older Americans Act of 1965 (42 U.S.C. 
3030a(c)(4))’’; and 
(B) by striking ‘‘(42 U.S.C. 3030(b)(1))’’ 
and inserting ‘‘(42 U.S.C. 3030a(b)(1))’’. 
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178 
(b) CHILD NUTRITION ACT OF 1966.— 
(1) The Child Nutrition Act of 1966 is amend-
ed in each of sections 10 and 17 (42 U.S.C. 1779, 
1786) by striking ‘‘Committee on Education and 
Labor’’ each place it appears and inserting ‘‘Com-
mittee on Education and the Workforce’’. 
(2) Section 7(a)(2)(B)(i) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1776(a)(2)(B)(i)) is amend-
ed by striking ‘‘clause (ii)’’ and inserting ‘‘clause 
(ii))’’. 
(3) Section 17 of the Child Nutrition Act of 
1966 (42 U.S.C. 1786) is amended— 
(A) in subsection (b)(21), in the paragraph 
heading, by striking ‘‘INDIAN OR NATIVE’’ and 
inserting ‘‘INDIAN OR NATIVE’’; 
(B) in subsection (h)— 
(i) in paragraph (4)— 
(I) in subparagraph (A)(vi), by 
striking ‘‘and’’ at the end; and 
(II) in subparagraph (C)(iv), by 
striking ‘‘; and’’ at the end and in-
serting a period; 
(ii) in paragraph (5)(D), in the sub-
paragraph heading, by striking ‘‘INDIAN 
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179 
OR NATIVE’’ and inserting ‘‘INDIAN OR NA-
TIVE’’; and 
(iii) in paragraph (8)(A)(iv)— 
(I) in the clause heading, by 
striking 
‘‘STATE’’ 
and 
inserting 
‘‘STATE’’; and 
(II) in subclause (III), in the 
subclause heading, by striking ‘‘STATE 
AGENCIES AND INDIAN STATE AGEN-
CIES’’ and inserting ‘‘STATE
AGEN-
CIES AND INDIAN STATE AGENCIES’’; 
and 
(C) in subsection (m)(6)(C)(iv), by striking 
‘‘(G)(i)’’ each place it appears and inserting 
‘‘(F)(i)’’. 
SEC. 309. BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the chairman of the Senate Committee on the Budget, 
provided that such statement has been submitted prior to 
the vote on passage. 
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SEC. 310. EFFECTIVE DATE. 
Except as otherwise specifically provided in this Act 
or any of the amendments made by this Act, this Act and 
the amendments made by this Act take effect on October 
1, 2016. 
Æ 
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