103D CONGRESS
2D SESSION
H. R. 8
AN ACT
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. Direct Federal expenditures.
Sec. 102. Technical assistance to ensure compliance with nutritional require-
ments under the school lunch program, the summer food serv-
ice program for children, and the child and adult care food pro-
gram.
Sec. 103. Nutritional and other program requirements.
Sec. 104. Special assistance for schools electing to serve all children free
lunches or breakfasts.
Sec. 105. Establishment of universal school lunch and breakfast pilot program.
Sec. 106. Miscellaneous provisions and definitions.
Sec. 107. Summer food service program for children.
Sec. 108. Commodity distribution program.
Sec. 109. Child and adult care food program.
Sec. 110. Homeless children nutrition program.
Sec. 111. Pilot projects.
Sec. 112. Reduction of paperwork.
Sec. 113. Extension of Food Service Management Institute.
Sec. 114. Duties of the Secretary of Agriculture relating to nonprocurement de-
barment 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
caterers under school lunch program and school breakfast pro-
gram.
Sec. 303. Report relating to unified accountability system under National
School Lunch Act.
Sec. 304. Amendment to Commodity Distribution Reform Act and WIC
Amendments 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
likelihood 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 capacity 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 nu-
tritious 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 ef-
forts of all nutrition programs.
TITLE I—AMENDMENTS TO
NATIONAL SCHOOL LUNCH ACT
SEC. 101. DIRECT FEDERAL EXPENDITURES.
(a) PURCHASE
OF FRESH FRUITS
AND VEGETA-
BLES.—Section 6(a) of the National School Lunch Act (42
U.S.C. 1755(a)) is amended—
(1) in the second sentence, by striking ‘‘Any
school’’ and inserting ‘‘Except as provided in the
next two sentences, any school’’; and
(2) by inserting after the second sentence the
following new sentences: ‘‘Any school may refuse
some or all of the fresh fruits and vegetables offered
to such school in any school year and may receive
in lieu thereof any other commodities for such school
year if (1) such school purchases fresh fruits and
vegetables for such school year which are at least
equal in value to the fresh fruits and vegetables re-
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)
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.’’.
(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
(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
(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
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
(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
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-
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—
(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
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
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.’’.
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
school are students who qualify for free or re-
duced price lunches.
‘‘(B) At least 30 percent of all students
participating in the school breakfast program at
the school are students who qualify for free or
reduced 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 con-
tain a plan describing—
‘‘(A) the additional amount over the most
recent prior year reimbursement amount re-
ceived 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
payment per lunch determined under section 4 and
section 11, and the national average payment per
breakfast determined under section 4 of the Child
Nutrition Act of 1966, each school participating in
the universal 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 determina-
tion required by the preceding sentence, the Sec-
retary shall establish a maximum amount that can
be charged to a participating school food service au-
thority for indirect 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 sec-
tion 4 of the Child Nutrition Act of 1966, adjusted
for inflation and fluctuations in enrollment.
‘‘(B) Commodities required for the pilot pro-
gram in excess of the amount of commodities re-
ceived by the school in the prior year under the
school lunch program and the school breakfast pro-
gram may be funded from amounts appropriated to
carry out this section.
‘‘(4) ADDITIONAL REQUIREMENTS.—(A) Except
as provided in subparagraph (B), a school partici-
pating in the pilot program shall receive a total Fed-
eral 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
excess 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 par-
ticipating 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.—Notwith-
standing 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 break-
fast 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 el-
igible 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 ad-
ministrative 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 paper-
work under the school lunch and school break-
fast programs 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 par-
ticipating 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 par-
ticipating in the pilot program; and
‘‘(ii) a final evaluation of the program
by the Secretary.
‘‘(g) SELECTION
REQUIREMENT.—To the extent
practicable, the Secretary shall select schools to partici-
pate 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. 106. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
(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 PRO-
GRAM OPERATIONS REPORT.—Section 12 of such Act (42
U.S.C. 1760) is amended by adding at the end the follow-
ing 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 Sec-
retary.’’.
(c) REQUIREMENT
OF NEGOTIATED RULEMAKING
PROCESS
IN ISSUING REGULATIONS UNDER
THE NA-
TIONAL SCHOOL LUNCH ACT AND THE CHILD NUTRITION
ACT OF 1966.—Section 12 of such Act (42 U.S.C. 1760)
(as amended by subsection (b)) is further amended by
adding at the end the following new subsection:
‘‘(k)(1) The Secretary is authorized to issue such reg-
ulations 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
recommendations 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
proposed regulations.
‘‘(C) After obtaining such advice and recommenda-
tions, and prior to publishing proposed regulations, the
Secretary 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
individuals 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 Advi-
sory Committee Act but shall otherwise follow the
provisions 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 lim-
ited 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, immediately thereafter and prior to issuing final
regulations, conduct regional meetings to review such pro-
posed regulations.’’.
(d) AUTHORITY OF SECRETARY TO WAIVE STATU-
TORY
AND REGULATORY REQUIREMENTS UNDER
THE
NATIONAL SCHOOL LUNCH ACT AND THE CHILD NUTRI-
TION ACT OF 1966.—Section 12 of such Act (42 U.S.C.
1760) (as amended by subsections (b) and (c)) is further
amended by adding at the end the following new sub-
section:
‘‘(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
purpose 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
program to the Federal government, and, if such
waiver does increase such overall cost to the Federal
government, 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 serv-
ice 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 im-
prove 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
Secretary shall state in writing the expected outcome of
granting 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, stu-
dents, advocacy and civil rights organizations, other inter-
ested 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 ex-
ceed three years.
‘‘(ii) The Secretary may extend such period if the
Secretary determines that the waiver has been effective
in enabling 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
relating to students receiving free or reduced price
meals;
‘‘(J) prohibiting the operation of a profit pro-
ducing program;
‘‘(K) the sale of competitive foods;
‘‘(L) the commodity distribution program under
section 14 of this Act; and
‘‘(M) enforcement of any constitutional or stat-
utory 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 Amend-
ments 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 pro-
vider 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 resulted in increased Federal spending and such in-
creased Federal spending has not been paid for in accord-
ance 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 eli-
gible 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
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate, a report—
‘‘(i) summarizing the use of waivers by the
State and eligible service providers;
‘‘(ii) describing whether such waivers resulted
in improved services to children;
‘‘(iii) describing the impact of such waivers on
providing nutritional meals to participants; and
‘‘(iv) describing how such waivers reduced the
amount of paperwork necessary to administer the
program.
‘‘(7) For purposes of this subsection, the term ‘eligi-
ble service provider’ means—
‘‘(A) a local school food service authority;
‘‘(B) a service institution or private nonprofit
organization described under section 13 of this Act;
or
‘‘(C) a family or group day care home sponsor-
ing organization described under section 17 of this
Act.’’.
SEC. 107. SUMMER FOOD SERVICE PROGRAM FOR CHIL-
DREN.
(a) PRIORITY REQUIREMENTS
FOR DETERMINING
PARTICIPATION OF CERTAIN ELIGIBLE SERVICE INSTITU-
TIONS.—Section 13(a)(4) of the National School Lunch
Act (42 U.S.C. 1761(a)(4)) is amended by striking sub-
paragraphs (A) through (F) and inserting the following
new subparagraphs:
‘‘(A) Local schools.
‘‘(B) All other service institutions and private
nonprofit organizations eligible under paragraph (7)
that have demonstrated successful program perform-
ance in a prior year.
‘‘(C) Other service institutions and private non-
profit organizations eligible under paragraph (7).’’.
(b) ELIMINATION OF 1-YEAR WAITING PERIOD WITH
RESPECT TO PARTICIPATION OF PRIVATE NONPROFIT
ORGANIZATIONS IN CERTAIN AREAS UNDER THE PRO-
GRAM.—Section 13(a)(7) of such Act (42 U.S.C.
1761(a)(7)) is amended by striking subparagraph (C) of
such section.
(c) ELIMINATION OF WARNING IN PRIVATE NON-
PROFIT
ORGANIZATION
APPLICATION
RELATING
TO
CRIMINAL PROVISIONS AND RELATED MATTERS.—Sec-
tion 13(q) of such Act (42 U.S.C. 1761(q)) is amended—
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through
(5) as paragraphs (2) through (4), respectively; and
(3) in paragraph (3) (as redesignated), by strik-
ing ‘‘paragraphs (1) and (3)’’ and inserting ‘‘para-
graphs (1) and (2)’’.
(d) EXTENSION OF PROGRAM.—Section 13(r) of such
Act (42 U.S.C. 1761(r)) is amended by striking ‘‘1994’’
and inserting ‘‘1998’’.
SEC. 108. COMMODITY DISTRIBUTION PROGRAM.
Section 14 of the National School Lunch Act (42
U.S.C. 1762a) is amended—
(1) in subsection (a), by striking ‘‘1994’’ and
inserting ‘‘1998’’; and
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(B) by adding at the end the following new
paragraphs:
‘‘(2) The Secretary shall maintain and continue to
improve the overall nutritional quality of entitlement com-
modities provided to schools to assist the schools in im-
proving the nutritional content of meals.
‘‘(3) The Secretary shall—
‘‘(A) require that nutritional content informa-
tion labels be placed on packages or shipments of
entitlement commodities provided to the schools; or
‘‘(B) otherwise provide nutritional content in-
formation regarding the commodities provided to the
schools.’’.
SEC. 109. CHILD AND ADULT CARE FOOD PROGRAM.
(a) AUTOMATIC ELIGIBILITY
OF CERTAIN EVEN
START PARTICIPANTS.—Section 17(c) of the National
School Lunch Act (42 U.S.C. 1766(c)) (as amended by
section 103(d)(1)(C)) is further amended by adding at the
end the following new paragraph:
‘‘(6)(A) A child who has not yet entered kindergarten
shall be considered automatically eligible for benefits
under this section without further application or eligibility
determination if the child is enrolled as a participant in
the Even Start program under part B of chapter 1 of title
I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 2741 et seq.).
‘‘(B) Subparagraph (A) shall apply only with respect
to the provision of benefits under this section for fiscal
years 1996 through 1998.’’.
(b) REAPPLICATION FOR ASSISTANCE AT 3-YEAR IN-
TERVALS.—Section 17(d)(2)(A) of such Act (42 U.S.C.
1766(d)(2)(A)) is amended by striking ‘‘2-year intervals’’
and inserting ‘‘3-year intervals’’.
(c) USE OF ADMINISTRATIVE FUNDS TO CONDUCT
OUTREACH
AND RECRUITMENT
TO UNLICENSED DAY
CARE HOMES.—Section 17(f)(3)(C) of such Act (42
U.S.C. 1766(f)(3)(C)) is amended—
(1) by striking ‘‘(C) Reimbursement for admin-
istrative expenses’’ and inserting ‘‘(C)(i) Reimburse-
ment for administrative expenses’’; and
(2) by adding at the end the following new
clause:
‘‘(ii) Funds for administrative expenses may be used
by family or group day care home sponsoring organiza-
tions to conduct outreach and recruitment to unlicensed
family or group day care homes so that such day care
homes may become licensed.’’.
(d) INFORMATION
AND
TRAINING
CONCERNING
CHILD HEALTH AND DEVELOPMENT.—Section 17(k) of
such Act (42 U.S.C. 1766(k)) is amended by adding at
the end the following new paragraph:
‘‘(4) The Secretary shall encourage family or group
day care sponsoring organizations to provide information
and training concerning child health and development to
family or group day care homes participating in the pro-
gram under such organizations.’’.
(e) EXTENSION
OF STATEWIDE DEMONSTRATION
PROJECTS.—Section 17(p) of such Act (42 U.S.C.
1766(p)) is amended—
(1) in paragraph (4)(B), by striking ‘‘1992’’
and inserting ‘‘1998’’; and
(2) in paragraph (5), by striking ‘‘1994’’ and
inserting ‘‘1998’’.
SEC. 110. HOMELESS CHILDREN NUTRITION PROGRAM.
(a) IN GENERAL.—The National School Lunch Act
(42 U.S.C. 1751 et seq.) is amended by inserting after
section 17A the following new section:
‘‘SEC. 17B. HOMELESS CHILDREN NUTRITION PROGRAM.
‘‘(a) IN GENERAL.—The Secretary shall conduct
projects designed to provide food service throughout the
year to homeless children under the age of 6 in emergency
shelters.
‘‘(b) AGREEMENTS TO PARTICIPATE IN PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary shall enter
into agreements with State, city, local, or county
governments, other public entities, or private non-
profit organizations to participate in the projects
under this section.
‘‘(2) ELIGIBILITY
REQUIREMENTS.—The Sec-
retary shall establish eligibility requirements for the
entities described in paragraph (1) that desire to
participate in the projects under this section. Such
requirements shall include the following:
‘‘(A) Each private nonprofit organization
shall operate not more than 5 food service sites
under the project and shall serve not more than
300 homeless children at each such site.
‘‘(B) Each site operated by each such or-
ganization shall meet applicable State and local
health, safety, and sanitation standards.
‘‘(c) PROJECT REQUIREMENTS.—
‘‘(1) IN GENERAL.—A project conducted under
this subsection shall—
‘‘(A) use the same meal patterns and re-
ceive reimbursement payments for meals and
supplements at the same rates provided to child
care centers participating in the child care food
program under section 17 for free meals and
supplements; and
‘‘(B) receive reimbursement payments for
meals and supplements served on Saturdays,
Sundays, and holidays, at the request of the
sponsor of any such project.
‘‘(2) MODIFICATION.—The Secretary may mod-
ify the meal pattern requirements to take into ac-
count the needs of infants.
‘‘(3) HOMELESS
CHILDREN
ELIGIBLE
FOR
FREE
MEALS
WITHOUT
APPLICATION.—Homeless
children under the age of 6 in emergency shelters
shall be considered eligible for free meals without
application.
‘‘(d) NOTICE.—The Secretary shall advise each State
of the availability of the projects established under this
subsection for States, cities, counties, local governments
and other public entities, and shall advise each State of
the procedures for applying to participate in the project.
‘‘(e) REPORT TO CONGRESS.—Not later than 1 year
after the date of the enactment of the Healthy Meals for
Healthy Children Act of 1994, the Secretary shall submit
to the appropriate committees of the Congress a report
that includes—
‘‘(1) an explanation of the actions the Secretary
has taken to carry out subsection (d);
‘‘(2) an estimate, if practicable, of the number
of children living in homeless shelters who are not
served by projects conducted under this section; and
‘‘(3) a detailed plan for expanding the projects
so that more eligible children may participate in
such projects.
‘‘(f) PLAN TO ALLOW PARTICIPATION IN THE CHILD
AND ADULT CARE FOOD PROGRAM.—Not later than Sep-
tember 30, 1996, the Secretary shall submit to the appro-
priate committees of the Congress a plan describing how
emergency shelters and homeless children who have not
attained the age of 6 and who are served by such shelters
under the program might participate in the child and
adult care food program authorized under section 17 by
September 30, 1998.
‘‘(g) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) APPROPRIATE COMMITTEES OF THE CON-
GRESS.—The term ‘appropriate committees of the
Congress’ means the Committee on Education and
Labor of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of
the Senate.
‘‘(2) EMERGENCY SHELTER.—The term ‘emer-
gency shelter’ has the meaning given such term in
section 321(2) of the Stewart B. McKinney Home-
less Assistance Act.
‘‘(h) FUNDING.—
‘‘(1) IN GENERAL.—In addition to any amounts
made available under section 7(a)(5)(B)(i)(I) of the
Child 
Nutrition 
Act 
of 
1966 
(42 
U.S.C.
1776(a)(5)(B)(i)(I)), the Secretary shall, except as
provided in paragraph (2), expend to carry out this
section from amounts appropriated for purposes of
carrying out this Act $3,000,000 for fiscal year
1995 and each succeeding fiscal year.
‘‘(2) EXCEPTION.—The Secretary may expend
less than the amount required under paragraph (1)
if there is an insufficient number of suitable appli-
cants.’’.
(b) CONFORMING AMENDMENTS.—
(1) NATIONAL
SCHOOL
LUNCH
ACT.—Section
18 of the National School Lunch Act (42 U.S.C.
1769) is amended—
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as sub-
section (c).
(2) CHILD NUTRITION ACT OF 1966.—Section
7(a)(5)(B)(i)(I) of the Child Nutrition Act of 1966
(42 U.S.C. 1776(a)(5)(B)(i)(I)) is amended—
(A) by striking ‘‘projects under section
18(c) of the National School Lunch Act (42
U.S.C. 1769(c))’’ and inserting ‘‘projects under
section 17B of the National School Lunch Act’’;
and
(B) by striking ‘‘1993 and 1994’’ each
place it appears and inserting ‘‘1995 through
1998’’.
SEC. 111. PILOT PROJECTS.
(a) COMMODITY LETTER OF CREDIT (CLOC) PRO-
GRAMS.—Section 18(b)(1) of the National School Lunch
Act (42 U.S.C. 1769(b)(1)) is amended in the 1st sentence
by striking ‘‘, and ending September 30, 1994’’.
(b) DEMONSTRATION PROGRAM TO PROVIDE MEALS
AND SUPPLEMENTS OUTSIDE OF SCHOOL HOURS.—Sec-
tion 18 of such Act (42 U.S.C. 1769) is amended by add-
ing at the end the following new subsection:
‘‘(d)(1)(A) The Secretary shall establish a dem-
onstration program to provide grants to eligible institu-
tions or schools to provide meals or supplements to adoles-
cents participating in educational, recreational, or other
programs and activities provided outside of school hours.
‘‘(B) The amount of a grant under subparagraph (A)
shall be equal to the amount necessary to provide meals
or supplements described in such subparagraph and shall
be determined in accordance with reimbursement payment
rates for meals and supplements under the child and adult
care food program under section 17 of this Act.
‘‘(2) The Secretary may not provide a grant under
paragraph (1) to an eligible institution or school unless
such institution or school submits to the Secretary an ap-
plication containing such information as the Secretary
may reasonably require.
‘‘(3) The Secretary may not provide a grant under
paragraph (1) to an eligible institution or school unless
such institution or school agrees that—
‘‘(A) it will use amounts from such grant to
provide meals or supplements under educational,
recreational, or other programs and activities for
adolescents outside of school hours, and such pro-
grams and activities are carried out in geographic
areas in which there are high rates of poverty, vio-
lence, or drug and alcohol abuse among school-aged
youths; and
‘‘(B) it will use the same meal patterns as meal
patterns required under the child and adult care
food program under section 17 of this Act.
‘‘(4) Determinations with regard to eligibility for free
and reduced price meals and supplements provided under
programs and activities under this subsection shall be
made in accordance with the income eligibility guidelines
for free and reduced price lunches under section 9 of this
Act.
‘‘(5)(A) Except as provided in subparagraph (B), the
Secretary shall expend to carry out this subsection from
amounts appropriated for purposes of carrying out section
17 of this Act, $325,000 for fiscal year 1995 and
$525,000 for each of the fiscal years 1996 through 1998.
In addition to amounts described in the preceding the sen-
tence, the Secretary shall expend any additional amounts
in any fiscal year as may be provided in advance in appro-
priations Acts.
‘‘(B) The Secretary may expend less than the amount
required under subparagraph (A) if there is an insufficient
number of suitable applicants.
‘‘(6) For the purposes of this subsection—
‘‘(A) the term ‘adolescent’ means a child who
has attained the age of 13 but has not attained the
age of 19;
‘‘(B) the term ‘eligible institution or school’
means—
‘‘(i) an institution, as such term is defined
in section 17 of this Act; or
‘‘(ii) an elementary or secondary school
participating in the school lunch program under
this Act; and
‘‘(C) the term ‘outside of school hours’ means
after-school hours, weekends, or holidays during the
regular school year.’’.
SEC. 112. REDUCTION OF PAPERWORK.
Section 19(a) of the National School Lunch Act (42
U.S.C. 1769a(a)) is amended by striking ‘‘and other agen-
cies’’ and inserting ‘‘other agencies’’ and by inserting ‘‘,
and families of children participating in such programs’’
after ‘‘assisted under such Acts’’.
SEC. 113. EXTENSION OF FOOD SERVICE MANAGEMENT IN-
STITUTE.
Section 21(e)(2) of the National School Lunch Act
(42 U.S.C. 1769b-1(e)(2)) is amended to read as follows:
‘‘(2) $1,700,000 for each of the fiscal years
1995, 1996, 1997, and 1998 for purposes of carry-
ing out subsection (a)(2).’’.
SEC. 114. DUTIES OF THE SECRETARY OF AGRICULTURE
RELATING TO NONPROCUREMENT DEBAR-
MENT UNDER CERTAIN CHILD NUTRITION
PROGRAMS.
(a) IN GENERAL.—The National School Lunch Act
(42 U.S.C. 1751 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 25. DUTIES OF THE SECRETARY RELATING TO
NONPROCUREMENT DEBARMENT.
‘‘(a) PURPOSES.—The purposes of this section are to
promote the prevention and deterrence of instances of
fraud, bid rigging, and other anticompetitive activities en-
countered in the procurement of products for child nutri-
tion programs by—
‘‘(1) establishing guidelines and a timetable for
the Secretary to initiate debarment proceedings, as
well as establishing mandatory debarment periods;
and
‘‘(2) providing training, technical advice, and
guidance in identifying and preventing such activi-
ties.
‘‘(b) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means the Committee on Education and
Labor and the Committee on Agriculture of the
House of Representatives and the Committee on Ag-
riculture, Nutrition, and Forestry of the Senate.
‘‘(2) CHILD NUTRITION PROGRAM.—The term
‘child nutrition program’ means—
‘‘(A) the school lunch program established
under this Act;
‘‘(B) the school breakfast program estab-
lished under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773);
‘‘(C) the special milk program established
under section 3 of such Act (42 U.S.C. 1772);
‘‘(D) the special nutrition program for
women, infants, and children authorized under
section 17 of such Act (42 U.S.C. 1786);
‘‘(E) the summer food service program for
children established under section 13 of this
Act;
‘‘(F) the child and adult care food program
established under section 17 of this Act; and
‘‘(G) the homeless children nutrition pro-
gram under section 17B of this Act.
‘‘(3) 
CONTRACTOR.—The 
term 
‘contractor’
means a person that contracts with a State, an
agency of a State, or a local agency to provide goods
in conjunction with the participation of a local agen-
cy in a child nutrition program.
‘‘(4) LOCAL AGENCY.—The term ‘local agency’
means a school, school food authority, child care
center, sponsoring organization, or other entity au-
thorized to operate a child nutrition program at the
local level.
‘‘(5) 
NONPROCUREMENT
DEBARMENT.—The
term ‘nonprocurement debarment’ means an action
to bar a person from programs and activities involv-
ing Federal financial and nonfinancial assistance,
but not including Federal procurement programs
and activities.
‘‘(6) PERSON.—The term ‘person’ means any
individual, corporation, partnership, association, or
other legal entity, however organized.
‘‘(c) ASSISTANCE
TO
IDENTIFY
AND
PREVENT
FRAUD AND ANTICOMPETITIVE ACTIVITIES.—The Sec-
retary shall—
‘‘(1) in cooperation with the food service man-
agement institute authorized under section 21 and
with any other appropriate individual, organization,
or agency, provide advice, training, technical assist-
ance, and guidance (which may include awareness
training, training films, and troubleshooting advice)
to representatives of States and local agencies re-
garding means of identifying and preventing fraud
and anticompetitive activities relating to the provi-
sion of goods in conjunction with the participation of
a local agency in a child nutrition program; and
‘‘(2) provide information to, and fully cooperate
with, the Attorney General and State attorneys gen-
eral regarding investigations of fraud and anti-
competitive activities relating to the provision of
goods in conjunction with the participation of a local
agency in a child nutrition program.
‘‘(d) NONPROCUREMENT DEBARMENT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), not later than 180 days after notification
of the occurrence of a cause for debarment described
in paragraph (2), the Secretary shall initiate
nonprocurement debarment proceedings against the
contractor who has committed the cause for debar-
ment.
‘‘(2) CAUSES
FOR
DEBARMENT.—Actions re-
quiring initiation of nonprocurement debarment pur-
suant to paragraph (1) shall include the following:
‘‘(A) A contractor commits an action or se-
ries of actions which constitute a substantial
and material violation of a regulation of a child
nutrition program of the Department of Agri-
culture, as determined by the Secretary.
‘‘(B) A contractor is found guilty in any
criminal, civil, or administrative proceeding, or
found liable in any civil or administrative pro-
ceeding, in connection with the supplying, pro-
viding, or selling of goods to any local agency
or to any Federal agency in connection with the
child nutrition programs, of—
‘‘(i) an anticompetitive activity, in-
cluding bid-rigging, price-fixing, the alloca-
tion of customers between competitors, or
other violation of Federal or State anti-
trust laws;
‘‘(ii) fraud, bribery, theft, forgery or
embezzlement;
‘‘(iii) breach of contract;
‘‘(iv) making a false claim or state-
ment; or
‘‘(v) other obstruction of justice.
‘‘(3) EXCEPTION.—If the Secretary determines
that a decision on initiating nonprocurement debar-
ment proceedings cannot be made within 180 days
after notification of the occurrence of a cause for de-
barment described in paragraph (2) because of the
need to further investigate matters relating to the
possible debarment, the Secretary may have such ad-
ditional time as the Secretary considers necessary to
make a decision, but not to exceed an additional 180
days.
‘‘(4) MANDATORY CHILD NUTRITION PROGRAM
DEBARMENT PERIODS.—
‘‘(A) IN GENERAL.—Subject to the other
provisions of this paragraph and notwithstand-
ing any other provision of law except subsection
(e), if, after deciding to initiate nonprocurement
debarment proceedings pursuant to paragraph
a child nutrition program, if the Secretary de-
termines there is good cause for the action.
‘‘(5) INFORMATION.—On request, the Secretary
shall present to the appropriate congressional com-
mittees information regarding the decisions required
by this subsection.
‘‘(6) RELATIONSHIP
TO
OTHER
AUTHORI-
TIES.—A debarment imposed under this section
shall not reduce or diminish the authority of a Fed-
eral, State, or local government agency or court to
penalize, imprison, fine, suspend, debar, or take
other adverse action against a person in a civil,
criminal, or administrative proceeding.
‘‘(7) REGULATIONS.—The Secretary shall issue
such regulations as are necessary to carry out this
subsection.
‘‘(e) MANDATORY
DEBARMENT.—Notwithstanding
any other provision of this section, the Secretary shall ini-
tiate nonprocurement debarment proceedings against the
contractor (including any cooperative) who has committed
the cause for debarment (as determined under subsection
(d)(2)), unless the action—
‘‘(1) is likely to have a significant adverse effect
on competition or prices in the relevant market or
nationally;
‘‘(2) will interfere with the ability of a local
agency to procure a needed product for a child nu-
trition program;
‘‘(3) is unfair to a person, subsidiary corpora-
tion, affiliate, parent company, or local division of a
corporation that is not involved in the improper ac-
tivity that would otherwise result in the debarment;
or
‘‘(4) is not in the public interest, as determined
by the Secretary.
‘‘(f) EXHAUSTION OF ADMINISTRATIVE REMEDIES.—
Prior to seeking judicial review in a court of competent
jurisdiction, a contractor against whom a nonprocurement
debarment proceeding has been initiated shall—
‘‘(1) exhaust all administrative procedures pre-
scribed by the Secretary; and
‘‘(2) receive notice of the final determination of
the Secretary.
‘‘(g) INFORMATION RELATING TO PREVENTION AND
CONTROL
OF ANTICOMPETITIVE ACTIVITIES.—On re-
quest, the Secretary shall present to the appropriate con-
gressional committees information regarding the activities
of the Secretary relating to anticompetitive activities,
fraud, nonprocurement debarment, and any waiver grant-
ed by the Secretary under this section.’’.
(b) APPLICABILITY.—Section 25(c) of the National
School Lunch Act (as added by subsection (a)) shall not
apply to a cause for debarment as described in section
25(d)(2) of such Act that is based on an activity that took
place prior to the date of enactment of this Act.
(c) REPORT ON CONSISTENT DEBARMENT POLICY.—
Not later than 120 days after the date of enactment of
this Act, the Secretary of Agriculture, in consultation with
the Director of the Office of Management and Budget, the
Secretary of Defense, and such other officials as the Sec-
retary of Agriculture determines are appropriate, shall ad-
vise the appropriate committees of the Congress and the
Comptroller General of the United States as to the appro-
priateness and usefulness of a consistent debarment policy
under—
(1) the Federal acquisition regulations issued
under title 48, Code of Federal Regulations; and
(2) Federal nonprocurement regulations.
(d) NO REDUCTION IN AUTHORITY TO DEBAR OR
SUSPEND A PERSON FROM FEDERAL FINANCIAL AND
NONFINANCIAL ASSISTANCE AND BENEFITS.—The au-
thority of the Secretary of Agriculture that exists on the
date of enactment of this Act to debar or suspend a person
from Federal financial and nonfinancial assistance and
benefits under Federal programs and activities, on a gov-
ernment-wide basis, shall not be diminished or reduced by
this Act or the amendment made by subsection (a).
TITLE II—AMENDMENTS TO
CHILD NUTRITION ACT OF 1966
SEC. 201. SCHOOL BREAKFAST PROGRAM.
(a) TECHNICAL ASSISTANCE TO ENSURE COMPLI-
ANCE
WITH
NUTRITIONAL
REQUIREMENTS.—Section
4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C.
1773(e)(1)) is amended—
(1) by striking ‘‘(1) Breakfasts served by
schools’’ and inserting ‘‘(1)(A) Breakfasts 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 breakfast pro-
gram under this section to assist such schools in comply-
ing with the nutritional requirements prescribed by the
Secretary pursuant to subparagraph (A). The Secretary
shall provide additional technical assistance to those
schools that are having difficulty maintaining compliance
with such requirements.’’.
(b) PROMOTION OF PROGRAM.—Section 4(f)(1) of
such Act (42 U.S.C. 1773(f)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(2) by adding at the end the following new sub-
paragraphs:
‘‘(B) In cooperation with State educational agencies,
the Secretary shall establish a program to promote the
school breakfast program by—
‘‘(i) marketing the program in a manner that
expands participation in the program by schools and
students; and
‘‘(ii) improving public education and outreach
efforts in language appropriate materials that en-
hance the public image of the program.
‘‘(C) For purposes of this paragraph, the term ‘lan-
guage appropriate materials’ means materials using lan-
guages other than the English language when those lan-
guages are dominant for a large percentage of individuals
participating in the program.’’.
(c) STARTUP COSTS.—
(1) REAUTHORIZATION.—The first sentence of
section 4(g)(1) of such Act (42 U.S.C. 1773(g)(1))
is amended by striking ‘‘$3,000,000’’ and all that
follows through ‘‘1994’’ and inserting ‘‘$5,000,000
for fiscal year 1995 and each succeeding fiscal
year’’.
(2) AMENDMENT TO DEFINITION OF ELIGIBLE
SCHOOL.—Section 4(g)(5) of such Act (42 U.S.C.
1773(g)(5)) is amended—
(A) in the matter preceding subparagraph
(A), by inserting ‘‘and subsection (h)’’ after
‘‘As used in this subsection’’; and
(B) in subparagraph (B), by inserting ‘‘or
expanded’’ after ‘‘established’’.
(d) EXPANSION OF PROGRAM.—Section 4 of such Act
(42 U.S.C. 1773) is amended by adding at the end the
following new subsection:
‘‘EXPANSION OF PROGRAMS
‘‘(h)(1) The Secretary may use not more than
$1,000,000 of funds made available under subsection
(g)(1) for any fiscal year to make payments on a competi-
tive basis to State educational agencies for distribution to
eligible schools to assist such schools with expenses in-
curred in expanding a school breakfast program estab-
lished under this section. Payments received under this
subsection shall be in addition to payments to which State
educational agencies are entitled under subsection (b).
‘‘(2) In making payments under this subsection in
any fiscal year, the Secretary shall provide a preference
to State educational agencies that submit to the Sec-
retary—
‘‘(A) a plan to expand school breakfast pro-
grams conducted in the State, including a descrip-
tion of—
‘‘(i) the manner in which the agency will
provide technical assistance and funding to
schools in the State to expand the programs; or
‘‘(ii) significant public or private resources
that have been assembled to carry out the ex-
pansion of the programs during the year; or
‘‘(B) documentation of the need for—
‘‘(i) equipment, including the purchase, re-
placement, or upgrading of equipment associ-
ated with expanding the school breakfast pro-
gram; or
‘‘(ii) other needs, including a need for tem-
porary personnel, or funds to defray adminis-
trative or other costs associated with expanding
the school breakfast program.
‘‘(3) Subparagraphs (B) and (C) of subsection (g)(2),
and paragraphs (3) through (5) of subsection (g), shall
apply to payments made under this subsection.’’.
SEC. 202. STATE ADMINISTRATIVE EXPENSES.
(a) WITHHOLDING OF FUNDS FOR SERIOUS DEFI-
CIENCY IN STATE ADMINISTRATION OF PROGRAMS.—Sec-
tion 7(a) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(a)) is amended by adding at the end the following
new paragraph:
‘‘(9)(A) If the Secretary determines that a State’s ad-
ministration of any program under this Act (other than
section 17) or under the National School Lunch Act, or
compliance with regulations issued pursuant to such Acts,
is seriously deficient, and the State fails to correct the de-
ficiency within a specified period of time, the Secretary
may withhold from the State some or all of the funds allo-
cated to the State under this section or under sections
13(k)(1) or 17 of the National School Lunch Act (42
U.S.C. 1761(k)(1) and 1766).
‘‘(B) Upon a subsequent determination by the Sec-
retary that the administration of any program referred to
in subparagraph (A), or compliance with the regulations
issued to carry out such programs, is no longer seriously
deficient and is operated in an acceptable manner, the
Secretary may allocate some or all of the funds withheld
under such subparagraph.’’.
(b) EXTENSION OF AUTHORITY TO PROVIDE FUNDS
FOR STATE ADMINISTRATIVE EXPENSES.—Section 7(h)
of such Act (42 U.S.C. 1776(h)) is amended by striking
‘‘1994’’ and inserting ‘‘1998’’.
(c) PROHIBITION
OF
FUNDING
UNLESS
STATE
AGREES TO PARTICIPATE IN CERTAIN STUDIES OR SUR-
VEYS.—Section 7 of such Act (42 U.S.C. 1776) is amend-
ed—
(1) by redesignating subsection (h) (as amended
by subsection (b)) as subsection (i); and
(2) by inserting after subsection (g) the follow-
ing new subsection:
‘‘(h) The Secretary may not provide amounts under
this section to a State for administrative costs incurred
in any fiscal year unless the State agrees to participate
in any study or survey of programs authorized under this
Act or the National School Lunch Act and conducted by
the Secretary.’’.
SEC. 203. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM.
(a) AMENDMENTS TO DEFINITION OF NUTRITIONAL
RISK.—Section 17(b)(8) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(b)(8)) is amended—
(1) in subparagraph (B), by inserting ‘‘, such
as alcoholism or drug abuse’’ after ‘‘medical condi-
tions’’; and
(2) in subparagraph (D), by striking ‘‘and mi-
grancy’’ and inserting ‘‘migrancy, and pregnancy’’.
(b) PROMOTION
OF PROGRAM.—Section 17(c) of
such Act (42 U.S.C. 1786(c)) is amended by adding at
the end the following new paragraph:
‘‘(5) The Secretary shall promote the program by
producing and distributing materials, including television
and radio public service announcements in English and
other appropriate languages, that inform potentially eligi-
ble individuals of the benefits and services under the pro-
gram.’’.
(c) 
ELIGIBILITY
FOR
CERTAIN
PREGNANT
WOMEN.—Section 17(d)(2) of such Act (42 U.S.C.
1786(d)(2)) is amended by adding at the end the following
new subparagraph:
‘‘(C) In the case of a pregnant woman who is other-
wise ineligible for participation in the program because the
family of such woman is of insufficient size to meet the
income eligibility standards of the program, such pregnant
woman shall be considered to have satisfied such income
eligibility standards if, by increasing the number of indi-
viduals in the family of such woman by one individual,
such income eligibility standards would be met.’’.
(d) PRIORITY CONSIDERATION
FOR CERTAIN MI-
GRANT POPULATIONS.—Section 17(f)(3) of such Act (42
U.S.C. 1786(f)(3)) is amended by inserting before the pe-
riod at the end the following: ‘‘and shall ensure that local
programs provide priority consideration to serving migrant
participants who are residing in the State for a limited
period of time’’.
(e) INCOME
ELIGIBILITY
GUIDELINES.—Section
17(f)(18) of such Act (42 U.S.C. 1786(f)(18)) is amended
to read as follows:
‘‘(18) A State agency may implement income eligi-
bility guidelines under this section concurrently with the
implementation of income eligibility guidelines under the
medicaid program prior to, but not later than, July 1 of
each year.’’.
(f) USE OF RECOVERED PROGRAM FUNDS IN YEAR
COLLECTED.—Section 17(f) of such Act (42 U.S.C.
1786(f)) is amended by adding at the end the following
new paragraph:
‘‘(23) A State agency may use funds recovered as a
result of violations in the food delivery system of the pro-
gram in the year in which such funds are collected for
the purpose of carrying out the program.’’.
(g) EXTENSION OF PROGRAM.—Section 17 of such
Act (42 U.S.C. 1786) is amended—
(1) in subsection (g)(1), by striking ‘‘1991,
1992, 1993, and 1994’’ and inserting ‘‘1995
through 1998’’;
(2) in subsection (h)(2)(A), by striking ‘‘1990,
1991, 1992, 1993 and 1994’’ and inserting ‘‘1995
through 1998’’; and
(3) in subsection (m)(10)(A) by striking
‘‘$3,000,000 for fiscal year 1992, $6,500,000 for
fiscal year 1993, and’’ and by inserting before the
period at the end ‘‘, $10,500,000 for fiscal year
1995, and such sums as may be necessary for each
of the fiscal years 1996, 1997, and 1998’’.
(h) USE OF FUNDS FOR TECHNICAL ASSISTANCE
AND
RESEARCH
EVALUATION
PROJECTS.—Section
17(g)(5) of such Act (42 U.S.C. 1786(g)(5)) is amend-
ed—
(1) by striking ‘‘and administration of pilot
projects’’ and inserting ‘‘administration of pilot
projects’’; and
(2) by inserting at the end before the period the
following:‘‘, and carrying out technical assistance
and research evaluation projects of the programs
under this section’’.
(i) BREASTFEEDING PROMOTION AND SUPPORT AC-
TIVITIES.—Section 17(h)(3) of such Act (42 U.S.C.
1786(h)(3)) is amended—
(1) in subparagraph (A)(i)(II), by striking
‘‘$8,000,000,’’ and inserting ‘‘the national minimum
breastfeeding promotion expenditure, as described in
subparagraph (E),’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(E) The national minimum breastfeeding promotion
expenditure means—
‘‘(i) with respect to fiscal year 1995, the
amount that is equal to $21 multiplied by the num-
ber of pregnant women and breastfeeding women
participating in the program nationwide, based on
the average of the last 3 months for which the Sec-
retary has final data; and
‘‘(ii) with respect to each of the fiscal years
1996 through 1998, the amount described in clause
(i) adjusted for inflation in accordance with para-
graph (1)(B)(ii).’’.
(j) DEVELOPMENT OF STANDARDS FOR THE COL-
LECTION OF BREASTFEEDING DATA.—Section 17(h)(4) of
such Act (42 U.S.C. 1786(h)(4)) is amended—
(1) in subparagraph (C), by striking the ‘‘and’’
at the end of such subparagraph;
(2) in subparagraph (D), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) not later than 1 year after the date of the
enactment of this subparagraph, develop uniform re-
quirements for the collection of data regarding inci-
dence and duration of breastfeeding among partici-
pants in the program, and upon development of such
uniform requirements, require each State agency to
report such data for inclusion in the report to Con-
gress described in section 17(d)(4).’’.
(k) SUBMISSION
OF INFORMATION
TO
THE CON-
GRESS ON WAIVERS WITH RESPECT TO PROCUREMENT
OF INFANT FORMULA.—Section 17(h)(8)(D)(iii) of such
Act (42 U.S.C. 1786(h)(8)(D)(iii)) is amended by striking
‘‘at 6-month intervals’’ and inserting ‘‘on a timely basis’’.
(l) PROHIBITION ON INTEREST LIABILITY TO FED-
ERAL
GOVERNMENT
ON
REBATE
FUNDS.—Section
17(h)(8) of such Act (42 U.S.C. 1786(h)(8)) is amended
by adding at the end the following new subparagraph:
‘‘(L) A State will not incur an interest liability to the
Federal Government on rebate funds for infant formula
and other foods if all interest earned by the State on such
funds is used for program purposes.’’.
(m) USE OF UNSPENT NUTRITION SERVICES AND
ADMINISTRATION FUNDS.—Section 17(h) of such Act (42
U.S.C. 1786(h)(8)) is amended by adding at the end the
following new paragraph:
‘‘(10)(A) For each of the fiscal years 1995 through
1998, the Secretary shall use for the purposes specified
in subparagraph (B), $10,000,000 or the amount of nutri-
tion services and administration funds for the prior fiscal
year that have not been obligated, whichever is lesser.
‘‘(B) Funds under subparagraph (A) shall be used
for—
‘‘(i) development of infrastructure for the pro-
gram under this section, including management in-
formation systems;
‘‘(ii) special state projects of regional or na-
tional significance directed toward improving the
services of the program under this section; and
‘‘(iii) special breastfeeding support and pro-
motion projects, including projects to assess the ef-
fectiveness of particular breastfeeding promotion
strategies and to develop State or local agency ca-
pacity or facilities to provide quality breastfeeding
services.’’.
(n) LIMITATION
ON ELIGIBILITY
FOR FARMERS’
MARKET NUTRITION PROGRAM.—Section 17(m)(1) of
such Act (42 U.S.C. 1786(m)(1)) is amended by striking
‘‘, or those who are on the waiting list to receive the assist-
ance,’’.
(o) EXPANSION OF FARMERS’ MARKET NUTRITION
PROGRAM.—Section 17(m) of such Act (42 U.S.C.
1786(m)) is amended—
(1) in paragraph (5)(F)—
(A) in clause (i), by striking ‘‘15 percent’’
and inserting ‘‘17 percent’’;
(B) by striking clauses (ii) and (iii); and
(C) by inserting after clause (i) the follow-
ing new clause:
‘‘(ii) During any fiscal year for which a State
receives assistance under this subsection, the Sec-
retary shall permit the State to use 3 percent of
total program funds for market development if the
Secretary determines that the State intends to pro-
mote the development of farmers’ markets in socially
or economically disadvantaged areas or remote rural
areas where individuals eligible for participation in
the program have limited access to locally grown
fruits and vegetables.’’; and
(2) in paragraph (11)(D), by inserting before
the period at the end the following: ‘‘or any other
agency approved by the chief executive officer of the
State’’.
(p) CONTINUED FUNDING
FOR CERTAIN STATES
UNDER FARMERS’ MARKET NUTRITION PROGRAM.—Sec-
tion 17(m)(6)(A) of such Act (42 U.S.C. 1786(m)(6)(A))
is amended to read as follows:
‘‘(6)(A) The Secretary shall continue to provide fund-
ing to States which participated in the program in the
most recent fiscal year as prescribed by subparagraph (B)
or as a part of the demonstration program authorized by
this subsection in a fiscal year ending before October 1,
1991. After satisfying the requirements of subparagraph
(B), the Secretary shall inform each State of the award
of funds as prescribed by subparagraph (G) by February
1st of each year.’’.
(q) ADDITIONAL
CONSIDERATION
IN
PROVIDING
FUNDS TO SERVE ADDITIONAL RECIPIENTS IN STATES
THAT RECEIVED ASSISTANCE
IN
THE PRIOR FISCAL
YEAR
UNDER
FARMERS’ MARKET
NUTRITION
PRO-
GRAM.—Section 17(m)(6)(C) of such Act (42 U.S.C.
1786(m)(6)(C)) is amended—
(1) in clause (ii), by striking ‘‘and’’ at the end
of such clause;
(2) in clause (iii), by striking the period at the
end of such clause and inserting ‘‘; and’’; and
(3) by adding at the end the following new
clause:
‘‘(iv) the number of persons receiving assistance
under subsection (c) but not receiving benefits under
this subsection.’’.
(r) PERCENTAGE
OF
ANNUAL
APPROPRIATIONS
AVAILABLE TO STATES UNDER FARMERS’ MARKET NU-
TRITION PROGRAM.—Section 17(m)(6)(G) of such Act (42
U.S.C. 1786(m)(6)(G)) is amended—
(1) in clause (i), by striking ‘‘45 to 55 percent’’
and inserting ‘‘75 percent’’; and
(2) in clause (ii), by striking ‘‘45 to 55 per-
cent’’ and inserting ‘‘25 percent’’.
(s) ELIMINATION OF FUNDING CARRYOVER PROVI-
SION
UNDER
FARMERS’ MARKET
NUTRITION
PRO-
GRAM.—Section 17(m)(10)(B)(i)(II) of such Act (42
U.S.C. 1786(m)(10)(B)(i)(II)) is amended by striking ‘‘or
may be retained’’ and all that follows and inserting a pe-
riod.
(t) ELIMINATION
OF REALLOCATION
OF UNEX-
PENDED FUNDS WITH RESPECT
TO DEMONSTRATION
PROJECTS UNDER FARMERS’ MARKET NUTRITION PRO-
GRAM.—Section 17(m)(10)(B)(ii) of such Act (42 U.S.C.
1786(m)(10)(B)(ii)) is amended by striking the second
sentence.
(u) INITIATIVE TO PROVIDE PROGRAM SERVICES AT
COMMUNITY AND MIGRANT HEALTH CENTERS.—Section
17 of such Act (42 U.S.C. 1786) is amended by adding
at the end the following new subsection:
‘‘(q)(1) The Secretary and the Secretary of Health
and Human Services (hereafter in this subsection referred
to as the ‘Secretaries’) shall jointly establish and carry out
an initiative for the purpose of providing both supple-
mental foods and nutrition education under the special
supplemental nutrition program and health care services
to low-income pregnant, postpartum, and breastfeeding
women, infants, and children at substantially more com-
munity health centers and migrant health centers.
‘‘(2) Such initiative shall also include—
‘‘(A) activities to improve the coordination of
the provision of supplemental foods and nutrition
education under the special supplemental nutrition
program and health care services at facilities funded
by the Indian Health Service; and
‘‘(B) development and implementation of strate-
gies to ensure that, to the maximum extent feasible,
new health care facilities established in medically un-
derserved areas as a result of subsequent Federal
health care reform legislation provide supplemental
foods and nutrition education under the special sup-
plemental nutrition program.
‘‘(3) Such initiative may include—
‘‘(A) outreach and technical assistance for State
and local agencies and such health centers;
‘‘(B) demonstration projects in selected State or
local areas; and
‘‘(C) such other activities as the Secretaries
find appropriate.
‘‘(4)(A) Not later than April 1, 1995, the Secretaries
shall prepare and submit to the Congress an initial report
on the actions the Secretaries intend to take to carry out
the initiative.
‘‘(B) Not later than July 1, 1996, the Secretaries
shall prepare and submit to the Congress an interim re-
port on the actions the Secretaries are taking under the
initiative or actions the Secretaries intend to take under
the initiative as a result of their experience in implement-
ing the initiative.
‘‘(C) Upon completion of the initiative, the Secretar-
ies shall prepare and submit to the Congress a final report
containing an evaluation of the initiative and a plan to
further the goals of the initiative.
‘‘(5) As used in this subsection—
‘‘(A) the term ‘community health center’ has
the meaning given such term under section 330 of
the Public Health Service Act (42 U.S.C. 254c); and
‘‘(B) the term ‘migrant health center’ has the
meaning given such term under section 329 of the
Public Health Service Act (42 U.S.C. 254b).’’.
(v) CHANGE IN NAME OF PROGRAM.—
(1) IN GENERAL.—Section 17 of such Act (42
U.S.C. 1786) is amended—
(A) by striking the section heading and in-
serting the following new section heading:
‘‘SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN’’;
(B) in the first sentence of subsection
(c)(1), by striking ‘‘special supplemental food
program’’ and inserting ‘‘special supplemental
nutrition program’’;
(C) in the second sentence of subsection
(k)(1), by striking ‘‘special supplemental food
program’’ each place it appears and inserting
‘‘special supplemental nutrition program’’; and
(D) in subsection (o)(1)(B), by striking
‘‘special supplemental food program’’ and in-
serting ‘‘special supplemental nutrition pro-
gram’’.
(2) REFERENCES.—Any reference to the ‘‘spe-
cial supplemental food program’’ in any provision of
law, regulation, document, record, or other paper of
the United States shall be considered to be a ref-
erence to the ‘‘special supplemental nutrition pro-
gram’’.
SEC. 204. NUTRITION EDUCATION AND TRAINING.
(a) USE OF FUNDS.—Section 19(f)(1) of the Child
Nutrition Act of 1966 (42 U.S.C. 1788(f)(1)) is amend-
ed—
(1) by striking ‘‘(f)(1) The funds’’ and inserting
‘‘(f)(1)(A) The funds’’;
(2) by striking ‘‘for (A) employing’’ and insert-
ing ‘‘for—
‘‘(i) employing’’;
(3) 
by 
redesignating 
subparagraphs 
(B)
through (I) as clauses (ii) through (ix), respectively;
(4) by indenting the margins of each of clauses
(ii) through (ix) (as redesignated by paragraph (3))
as so to align with the margin of clause (i) (as
amended by paragraph (2));
(5) by striking ‘‘and’’ at the end of clause (viii);
(6) by redesignating clause (ix) as clause (xvii);
(7) by inserting after clause (viii) the following
new clauses:
‘‘(ix) providing funding for a nutrition compo-
nent in the health education curriculum offered to
children in kindergarten through grade 12;
‘‘(x) instructing teachers, school administrators,
or other school staff on how to promote better nutri-
tional health and to motivate children of varying lin-
guistic and cultural backgrounds to practice sound
eating habits;
‘‘(xi) developing means of providing nutrition
education in language-appropriate materials to chil-
dren and families of children through after-school
programs;
‘‘(xii) training in relation to healthy and nutri-
tious meals;
‘‘(xiii) creating instructional programming, in-
cluding language-appropriate materials and pro-
gramming, for teachers, school food service person-
nel, and parents on the relationships between nutri-
tion and health and the role of the food guide pyra-
mid established by the Secretary;
‘‘(xiv) funding aspects of the Strategic Plan for
Nutrition and Education issued by the Secretary;
‘‘(xv) increasing evaluation efforts at the State
level regarding needs assessment for nutrition edu-
cation efforts;
‘‘(xvi) encouraging public service advertise-
ments, including language-appropriate materials and
advertisements, to promote healthy eating habits for
children; and’’; and
(8) by adding at the end the following new sub-
paragraph:
‘‘(B) For purposes of this paragraph, the term ‘lan-
guage appropriate materials’ means materials using
languages other than the English language when those
languages are dominant for a large percentage of individ-
uals participating in the program.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
19(i)(2)(A) of such Act (42 U.S.C. 1788(i)(2)(a)) is
amended by striking ‘‘nutrition education and information
programs’’ and all that follows and inserting ‘‘nutrition
education and information programs $10,000,000 for fis-
cal year 1995 and each succeeding fiscal year.’’.
(c) AVAILABILITY OF FUNDS.—Section 19(i) of such
Act (42 U.S.C. 1788(i)) is amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by adding a new paragraph (3) to read as
follows:
‘‘(3) Funds made available to any State under this
section shall remain available to the State for obligation
in the fiscal year succeeding the fiscal year in which such
funds were received by the State.’’.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. CONSOLIDATION OF SCHOOL LUNCH PROGRAM
AND SCHOOL BREAKFAST PROGRAM INTO
COMPREHENSIVE MEAL PROGRAM.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of Agriculture shall, not later
than 1 year after the date of the enactment of this Act,
develop and implement regulations to consolidate the
school lunch program under the National School Lunch
Act (42 U.S.C. 1751 et seq.) and the school breakfast pro-
gram under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773) into a comprehensive meal program.
(b) REQUIREMENTS.—In establishing such com-
prehensive meal program under subsection (a), the Sec-
retary shall meet the following requirements:
(1) The Secretary shall ensure that the pro-
gram continues to serve children who are eligible for
free and reduced price meals. Such meals shall meet
the nutritional requirements under section 9(a)(1) of
the National School Lunch Act (42 U.S.C.
1758(a)(1)) and under section 4(e)(1) of the Child
Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).
(2) The Secretary shall continue to make break-
fast assistance payments in accordance with section
4 of the Child Nutrition Act of 1966 and food as-
sistance payments in accordance with the National
School Lunch Act.
(c) REPORTS.—
(1) INITIAL
REPORT.—Prior to implementing
the regulations described in subsection (a), the Sec-
retary shall submit to the Congress a report contain-
ing a plan for the consolidation and simplification of
the school lunch program and the school breakfast
program.
(2) REPORTS WITH RESPECT TO CHANGE IN
PAYMENT AMOUNTS.—If the Secretary proposes to
change the amount of the breakfast assistance pay-
ment or the food assistance payment under the com-
prehensive meal program, the Secretary shall
prepare and submit to the Congress a report con-
taining recommendations for legislation to effect
such change.
SEC. 302. STUDY AND REPORT RELATING TO USE OF PRI-
VATE FOOD ESTABLISHMENTS AND CATER-
ERS UNDER SCHOOL LUNCH PROGRAM AND
SCHOOL BREAKFAST PROGRAM.
(a) STUDY.—The Comptroller General of the United
States, in conjunction with the Director of the Office of
Technology Assessment, shall conduct a study on the use
of private food establishments and caterers, including fast
food and other restaurants, by schools that participate in
the school lunch program under the National School
Lunch Act (42 U.S.C. 1751 et seq.) or the school break-
fast program under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773). In conducting such study, the
Comptroller General of the United States shall—
(1) examine the extent, manner, and terms
under which such private food establishments and
caterers supply meals and food to students and
schools that participate in the school lunch program
or the school breakfast program;
(2) determine the nutritional profile of all foods
provided by such establishments and caterers to stu-
dents during school hours; and
(3) evaluate the impact that the services pro-
vided by such establishments and caterers have on
the ability of local child nutrition programs to oper-
ate nutritionally sound and cost-effective programs
and the ability of such establishments and caterers
to utilize the commodities under section 14 of the
National School Lunch Act (42 U.S.C. 1762a).
(b) REPORT.—Not later than September 1, 1996, the
Comptroller General of the United States shall submit to
the Committee on Education and Labor and the Commit-
tee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that contains the findings, determina-
tions, and evaluations of the study conducted pursuant to
subsection (a).
SEC. 303. REPORT RELATING TO UNIFIED ACCOUNTABILITY
SYSTEM UNDER NATIONAL SCHOOL LUNCH
ACT.
The Comptroller General of the United States shall
submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a report
that analyzes—
(1) the status of the unified accountability sys-
tem authorized under section 22 of the National
School Lunch Act (42 U.S.C. 1769c);
(2) the advantages and disadvantages of the
system; and
(3) the cost impact of the system on schools.
SEC. 304. AMENDMENT TO COMMODITY DISTRIBUTION RE-
FORM ACT AND WIC AMENDMENTS OF 1987.
Section 3(h)(3) of the Commodity Distribution Re-
form Act and WIC Amendments of 1987 is amended by
striking ‘‘Hawaii,’’.
SEC. 305. STUDY OF THE EFFECT OF COMBING FEDERALLY
DONATED AND FEDERALLY INSPECTED MEAT
OR POULTRY.
(a) STUDY.—The Comptroller General of the United
States shall conduct a study on the incidence and the ef-
fect of States restricting or prohibiting a legially con-
tracted commercial entity from physically combining fed-
erally inspected meat or polutry from another State.
(b) REPORT.—Not later than September 1, 1996, the
Comptroller General of the United States shall submit to
the Committee on Education and Labor and the Commit-
tee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that contains the findings, determina-
tions, and evaluations of the study conducted pursuant to
subsection (a)
Passed the House of Representatives July 19, 1994.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 8
AN ACT
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.