115
funds transferred under subparagraph (A), 
without further appropriation. 
‘‘(C) AVAILABILITY
OF
FUNDS.—Funds 
transferred under subparagraph (A) shall re-
main available until expended. 
‘‘(D) EVALUATIONS.—Of the funds made 
available under this paragraph, the Secretary 
shall use not more than $5,000,000 to conduct 
evaluations under paragraph (5).’’. 
(b) COMPETITIVE FOODS IN SCHOOLS.—
(1) IN GENERAL.—Section 10 of the Child Nu-
trition Act of 1966 (42 U.S.C. 1779) is amended—
(A) in subsection (a), by striking ‘‘, includ-
ing’’ and all that follows through ‘‘Lunch Act’’; 
and 
(B) by striking subsection (b) and insert-
ing the following: 
‘‘(b) COMPETITIVE FOODS IN SCHOOLS.—
‘‘(1) IN GENERAL.—The regulations under sub-
section (a) may include provisions that regulate the 
service of food in participating schools and service 
institutions in competition with the programs au-
thorized under this Act and the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.)
116
(referred to in this subsection as ‘competitive 
foods’). 
‘‘(2) REGULATIONS.—The regulations promul-
gated under paragraph (1)—
‘‘(A) shall apply to all school grounds dur-
ing the duration of the school day; 
‘‘(B) shall not supersede or otherwise af-
fect State and local regulations on competitive 
foods that, as determined by the Secretary, con-
form to the nutritional goals of the regulations 
promulgated by the Secretary; 
‘‘(C) shall require that the proceeds from 
the sale of competitive foods in schools be used 
for the benefit of the schools or of organizations 
of students approved by the schools, if those 
sales are allowed by the regulations; 
‘‘(D) shall take into account the differing 
needs of—
‘‘(i) elementary schools; 
‘‘(ii) middle schools and junior high 
schools; and 
‘‘(iii) high schools; and 
‘‘(E) shall implement the recommendations 
of the Institute of Medicine made under para-
graph (3).
117
‘‘(3) INSTITUTE OF MEDICINE RECOMMENDA-
TIONS.—
‘‘(A) IN GENERAL.—The Secretary of Ag-
riculture shall offer to enter into an agreement 
with the Institute of Medicine of the National 
Academy of Sciences under which the Institute 
of Medicine, based on sound nutritional science, 
shall make recommendations to the Secretary 
regarding the regulation of competitive foods 
(as defined in section 10(b)(1) of the Child Nu-
trition Act of 1966 (as amended by paragraph 
(1)(B))). 
‘‘(B) REGULATIONS.—Not later than 1 
year after the date of receipt of final rec-
ommendations from the Institute of Medicine, 
the Secretary shall promulgate regulations to 
carry out section 10(b) of the Child Nutrition 
Act of 1966 (as amended by paragraph (1)(B)) 
in accordance with the recommendations of the 
Institute of Medicine. 
‘‘(C) REPORT.—Not later than 1 year 
after the date of receipt of final recommenda-
tions from the Institute of Medicine, the Sec-
retary shall submit to the Committee on Edu-
cation and the Workforce of the House of Rep-
118
resentatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report 
that describes the actions of the Secretary 
under subparagraph (B).’’. 
Subtitle D—Child and Adult Care 
Food Program 
SEC. 331. REIMBURSEMENTS FOR AFTERSCHOOL DINNERS. 
Section 17(r) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(r)) is amended by 
striking paragraph (5). 
SEC. 332. ELIGIBILITY OF PRIVATE CHILD CARE CENTERS. 
Section 17(a)(2)(B)(i) is amended by striking ‘‘dur-
ing the period’’ and all that follows through ‘‘September 
30, 2002’’. 
Subtitle E—Afterschool Education 
Enhancement Act 
SEC. 341. SHORT TITLE. 
This subtitle may be cited as the ‘‘Afterschool Edu-
cation Enhancement Act’’. 
SEC. 342. AMENDMENTS REGARDING 21ST CENTURY COM-
MUNITY LEARNING CENTERS. 
Part B of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7171 et seq.) is amend-
ed—
(1) in subsection (a) of section 4203—
119
(A) by striking paragraph (3); and 
(B) 
by 
redesignating 
paragraphs 
(4) 
through (14) as paragraphs (3) through (13), 
respectively; and 
(2) in section 4204—
(A) in paragraph (2) of subsection (b)—
(i) by striking subparagraph (F); and 
(ii) by redesignating subparagraphs 
(G) through (N) as subparagraphs (F) 
through (M), respectively; and 
(B) by amending paragraph (1) of sub-
section (i) to read as follows: 
‘‘(1) IN GENERAL.—In awarding grants under 
this part, a State educational agency shall give pri-
ority to applications submitted jointly by eligible en-
tities consisting of not less than—
‘‘(A) 1 local educational agency receiving 
funds under part A of title I; and 
‘‘(B) 1 community-based organization or 
other public or private entity.’’.
120
TITLE IV—IMPROVING THE 
WORKPLACE FOR FAMILIES 
Subtitle A—Part-Time and 
Temporary Workers Benefits 
SEC. 401. TREATMENT OF EMPLOYEES WORKING AT LESS 
THAN FULL-TIME UNDER PARTICIPATION, 
VESTING, AND ACCRUAL RULES GOVERNING 
PENSION PLANS. 
(a) PARTICIPATION RULES.—
(1) IN
GENERAL.—Section 202(a)(3) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1052(a)(3)) is amended by adding at the 
end the following new subparagraph: 
‘‘(E)(i) For purposes of this paragraph, in the case 
of any employee who, as of the beginning of the 12-month 
period referred to in subparagraph (A)—
‘‘(I) has customarily completed 500 or 
more hours of service per year but less than 
1,000 hours of service per year, or 
‘‘(II) is employed in a type of position in 
which employment customarily constitutes 500 
or more hours of service per year but less than 
1,000 hours of service per year,
121
completion of 500 hours of service within such 12-
month period shall be treated as completion of 1,000 
hours of service. 
‘‘(ii) For purposes of this subparagraph, the extent 
to which employment in any type of position customarily 
constitutes less than 1,000 hours of service per year shall 
be determined with respect to each pension plan in accord-
ance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in 
such plan.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
204(b)(1)(E) of such Act (29 U.S.C. 1054(b)(1)(E)) 
is amended by striking ‘‘section 202(a)(3)(A)’’ and 
inserting ‘‘subparagraphs (A) and (E) of section 
202(a)(3)’’. 
(b) VESTING RULES.—
(1) IN GENERAL.—Section 203(b)(2) of such 
Act (29 U.S.C. 1053(b)(2)) is amended by adding at 
the end the following new subparagraph: 
‘‘(E)(i) For purposes of this paragraph, in the case 
of any employee who, as of the beginning of the period 
designated by the plan pursuant to subparagraph (A)—
122
‘‘(I) has customarily completed 500 or 
more hours of service per year but less than 
1,000 hours of service per year, or 
‘‘(II) is employed in a type of position in 
which employment customarily constitutes 500 
or more hours of service per year but less than 
1,000 hours of service per year, 
completion of 500 hours of service within such pe-
riod shall be treated as completion of 1,000 hours of 
service. 
‘‘(ii) For purposes of this subparagraph, the extent 
to which employment in any type of position customarily 
constitutes less than 1,000 hours of service per year shall 
be determined with respect to each pension plan in accord-
ance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in 
such plan.’’. 
(2) 1-YEAR
BREAKS
IN
SERVICE.—Section 
203(b)(3) of such Act (29 U.S.C. 1053(b)(3)) is 
amended by adding at the end the following new 
subparagraph: 
‘‘(F)(i) For purposes of this paragraph, in the case 
of any employee who, as of the beginning of the period 
designated by the plan pursuant to subparagraph (A)—
123
‘‘(I) has customarily completed 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, or 
‘‘(II) is employed in a type of position in which 
employment customarily constitutes 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, 
completion of 250 hours of service within such period shall 
be treated as completion of 500 hours of service. 
‘‘(ii) For purposes of this subparagraph, the extent 
to which employment in any type of position customarily 
constitutes less than 1,000 hours of service per year shall 
be determined with respect to each pension plan in accord-
ance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in 
such plan.’’. 
(c) ACCRUAL RULES.—Section 204(b)(4)(C) of such 
Act (29 U.S.C. 1054(b)(4)(C)) is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and 
(2) by adding at the end the following new 
clauses: 
‘‘(ii) For purposes of this subparagraph, in the case 
of any employee who, as of the beginning of the period 
designated by the plan pursuant to clause (i)—
124
‘‘(I) has customarily completed 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, or 
‘‘(II) is employed in a type of position in which 
employment customarily constitutes 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, 
completion of 500 hours of service within such period shall 
be treated as completion of 1,000 hours of service. 
‘‘(iii) For purposes of clause (ii), the extent to which 
employment in any type of position customarily constitutes 
less than 1,000 hours of service per year shall be deter-
mined with respect to each pension plan in accordance 
with such regulations as the Secretary may prescribe pro-
viding for consideration of facts and circumstances pecu-
liar to the work-force constituting the participants in such 
plan.’’. 
SEC. 402. TREATMENT OF EMPLOYEES WORKING AT LESS 
THAN FULL-TIME UNDER GROUP HEALTH 
PLANS. 
(a) IN GENERAL.—Part 2 of subtitle B of title I of 
the Employee Retirement Income Security Act of 1974 is 
amended—
(1) by redesignating section 211 (29 U.S.C. 
1061) as section 212; and
125
(2) by inserting after section 210 (29 U.S.C. 
1060) the following new section: 
‘‘SEC. 211. TREATMENT OF PART-TIME WORKERS UNDER 
GROUP HEALTH PLANS. 
‘‘(a) IN GENERAL.—A reduction in the employer-pro-
vided premium under a group health plan with respect to 
any employee for any period of coverage solely because the 
employee’s customary employment is less than full-time 
may be provided under such plan only if the employee is 
described in subsection (b) and only to the extent per-
mitted under subsection (c). 
‘‘(b) REDUCTIONS
APPLICABLE
TO
EMPLOYEES 
WORKING LESS THAN FULL-TIME.—
‘‘(1) IN GENERAL.—An employee is described in 
this subsection if such employee, as of the beginning 
of the period of coverage referred to in subsection 
(a)—
‘‘(A) has customarily completed less than 
30 hours of service per week, or 
‘‘(B) is employed in a type of position in 
which employment customarily constitutes less 
than 30 hours of service per week. 
‘‘(2) REGULATIONS.—For purposes of para-
graph (1), whether employment in any type of posi-
tion customarily constitutes less than 30 hours of