IB
104TH CONGRESS
1ST SESSION
H. R. 999
[Report No. 104–75, Part I]
To establish a single, consolidated source of Federal child care funding;
to establish a program to provide block grants to States to provide
nutrition assistance to economically disadvantaged individuals and fami-
lies and to establish a program to provide block grants to States to
provide school-based food services to students; to restrict alien eligibility
for certain education, training, and other programs; and for other pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 21, 1995
Mr. GOODLING introduced the following bill; which was referred to the Com-
mittee on Economic and Educational Opportunities and, in addition, to
the Committee on Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
MARCH 10, 1995
Reported from the Committee on Economic and Educational Opportunities
with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 21, 1995]
A BILL
To establish a single, consolidated source of Federal child
care funding; to establish a program to provide block
grants to States to provide nutrition assistance to eco-
nomically disadvantaged individuals and families and to
establish a program to provide block grants to States
Sec. 255. Reports.
Sec. 256. Penalties.
Sec. 257. Waiver of State law prohibiting assistance to children enrolled in pri-
vate elementary and secondary schools.
Sec. 258. Model nutrition standards for meals for students.
Subtitle D—Miscellaneous Provisions
Sec. 291. Repealers.
TITLE III—RESTRICTING ALIEN ELIGIBILITY FOR CERTAIN
EDUCATION, TRAINING, AND OTHER PROGRAMS
Sec. 301. Restrictions on eligibility of aliens for certain programs.
Sec. 302. Notification.
Sec. 303. Rule of construction.
TITLE IV—OTHER REPEALERS AND CONFORMING AMENDMENTS
Sec. 401. Replacement of the JOBS program with mandatory work requirements.
Sec. 402. Amendments to laws relating to child protection block grant.
TITLE V—RELATED PROVISIONS
Sec. 501. Requirement that data relating to the incidence of poverty in the
United States be published at least every 2 years.
Sec. 502. Data on program participation and outcomes.
TITLE VI—GENERAL EFFECTIVE DATE; PRESERVATION OF
ACTIONS, OBLIGATIONS, AND RIGHTS
Sec. 601. Effective date.
Sec. 602. Application of amendments and repealers.
TITLE I—CHILD CARE BLOCK
GRANTS
SEC. 101. AMENDMENTS TO THE CHILD CARE AND DEVEL-
OPMENT BLOCK GRANT ACT OF 1990.
(a) GOALS.—Section 658A of the Child Care and De-
velopment Block Grant Act of 1990 (42 U.S.C. 9801 note)
is amended—
(1) in the heading of such section by inserting
‘‘AND GOALS’’ after ‘‘TITLE’’,
(2) by inserting ‘‘(a) SHORT TITLE.—’’ before
‘‘This’’, and
(3) by adding at the end the following:
‘‘(b) GOALS.—The goals of this subchapter are—
‘‘(1) to allow each State maximum flexibility in
developing child care programs and policies that best
suit the needs of children and parents within such
State;
‘‘(2) to promote parental choice to empower
working parents to make their own decisions on the
child care that best suits their family’s needs;
‘‘(3) to encourage States to provide consumer
education information to help parents make informed
choices about child care;
‘‘(4) to assist States to provide child care to par-
ents trying to achieve independence from public as-
sistance; and
‘‘(5) to assist States in implementing the health,
safety, licensing, and registration standards estab-
lished in State regulations.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
658B of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858) is amended to read as follows:
‘‘SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out
this subchapter $1,943,000,000 for each of the fiscal years
1996, 1997, 1998, 1999, and 2000.’’.
(c) LEAD ENTITY.—Section 658D of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9858b) is amended—
(1) in the heading of such section by striking
‘‘AGENCY’’ inserting ‘‘ENTITY’’,
(2) in subsection (a) by inserting ‘‘or other en-
tity’’ after ‘‘State agency’’, and
(3) by striking ‘‘lead agency’’ each place it ap-
pears and inserting ‘‘lead entity’’.
(d) APPLICATION AND PLAN.—Section 658E of the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858c) is amended—
(1) in subsection (b)—
(A) by striking ‘‘implemented—’’ and all
that follows through ‘‘(2)’’ and inserting ‘‘imple-
mented’’, and
(B) by striking ‘‘for subsequent State
plans’’,
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in the heading of such paragraph
by striking ‘‘AGENCY’’ and inserting ‘‘EN-
TITY’’, and
(ii) by striking ‘‘agency’’ and inserting
‘‘entity’’,
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (i) by striking ‘‘,
other than through assistance provided
under paragraph (3)(C),’’ and
(II) by striking ‘‘except’’ and all
that follows through ‘‘1992’’, and in-
serting ‘‘and provide a detailed de-
scription of the procedures the State
will implement to carry out the re-
quirements of this subparagraph’’,
(ii) in subparagraph (B)—
(I) by striking ‘‘Provide assur-
ances’’ and inserting ‘‘Certify’’, and
(II) by inserting before the period
at the end ‘‘and provide a detailed de-
scription of such procedures’’,
(iii) in subparagraph (C)—
(I) by striking ‘‘Provide assur-
ances’’ and inserting ‘‘Certify’’, and
(II) by inserting before the period
at the end ‘‘and provide a detailed de-
scription of how such record is main-
tained and is made available’’,
(iv) by amending subparagraph (D) to
read as follows:
‘‘(D) 
CONSUMER
EDUCATION
INFORMA-
TION.—Provide assurances that the State will
collect and disseminate to parents of eligible chil-
dren and the general public, consumer education
information that will promote informed child
care choices.’’,
(v) in subparagraph (E)—
(I) by striking ‘‘Provide assur-
ances’’ and inserting ‘‘Certify’’,
(II) in clause (i) by inserting
‘‘health, safety, and’’ after ‘‘comply
with all’’,
(III) in clause (i) by striking ‘‘;
and’’ at the end,
(IV) by striking ‘‘that—’’ and all
that follows through ‘‘(i)’’, and insert-
ing ‘‘that’’, and
(V) by striking ‘‘(ii)’’ and all that
follows through the end of such sub-
paragraph, and inserting ‘‘and provide
a detailed description of such require-
ments and of how such requirements
are effectively enforced.’’, and
to initiate legal proceedings in a court of
competent jurisdiction, as may be necessary
to prevent the withholding of medically in-
dicated treatment from disabled infants
with life-threatening conditions.’’,
(C) in paragraph (3)—
(i) in subparagraph (A) by inserting
‘‘or as authorized by section 658T’’ before
the period at the end,
(ii) in subparagraph (B)—
(I) by striking ‘‘.—Subject to the
reservation contained in subparagraph
(C), the’’ and inserting ‘‘AND RELATED
ACTIVITIES.—The’’,
(II) by inserting ‘‘, other than
amounts 
transferred 
under 
section
658T,’’ after ‘‘subchapter’’,
(III) in clause (i) by striking ‘‘;
and’’ at the end and inserting a pe-
riod,
(IV) by striking ‘‘for—’’ and all
that 
follows 
through 
‘‘section
658E(c)(2)(A)’’ 
and 
inserting 
‘‘for
child care services, activities that im-
prove the quality or availability of
such services, and any other activity
that the State deems appropriate to re-
alize any of the goals specified in
paragraphs (2) through (5) of section
658A(b)’’, and
(V) by striking clause (ii), and
(iii) by amending subparagraph (C) to
read as follows:
‘‘(C) 
LIMITATION
ON
ADMINISTRATIVE
COSTS.—Not more than 5 percent of the aggre-
gate amount of payments received under this
subchapter by a State in each fiscal year may be
expended for administrative costs incurred by
such State to carry out all its functions and du-
ties under this subchapter.’’,
(D) in paragraph (4)(A)—
(i) by striking ‘‘provide assurances’’
and inserting ‘‘certify’’,
(ii) in the first sentence by inserting
‘‘and shall provide a summary of the facts
relied on by the State to determine that
such rates are sufficient to ensure such ac-
cess’’ before the period, and
(iii) by striking the last sentence, and
(E) by striking paragraph (5).
(e) LIMITATIONS ON STATE ALLOTMENTS.—Section
658F(b)(2) of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858d(b)(2)) is amended by striking
‘‘referred to in section 658E(c)(2)(F)’’.
(f) REPEAL
OF EARMARKED REQUIRED EXPENDI-
TURES.—The Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9801 note) is amended by striking sec-
tions 658G and 658H.
(g) ADMINISTRATION
AND ENFORCEMENT.—Section
658I(a) of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858g(a)) is amended—
(1) in paragraph (1) by inserting ‘‘and’’ at the
end,
(2) by striking paragraph (2), and
(3) by redesignating paragraph (3) as para-
graph (2).
(h) PAYMENTS.—Section 658J(c) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9858h(c)) is amended—
(1) by striking ‘‘expended’’ and inserting ‘‘obli-
gated’’, and
(2) by striking ‘‘3 fiscal years’’ and inserting
‘‘fiscal year’’.
(i) ANNUAL REPORT AND AUDITS.—Section 658K of
the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858i) is amended—
(1) in the heading of such section by inserting ‘‘,
EVALUATION PLANS,’’ after ‘‘REPORT’’,
(2) in subsection (a)—
(A) by striking ‘‘, 1992’’ and inserting ‘‘fol-
lowing the end of the first fiscal year with re-
spect to which the amendments made by the Wel-
fare Reform Consolidation Act of 1995 apply’’,
(B) by amending paragraph (2) to read as
follows:
‘‘(2) containing data on the manner in which
the child care needs of families in the State are being
fulfilled, including information concerning—
‘‘(A) the number and ages of children being
assisted with funds provided under this sub-
chapter;
‘‘(B) with respect to the families of such
children—
‘‘(i) the number of other children in
such families;
‘‘(ii) the number of such families that
include only 1 parent;
‘‘(iii) the number of such families that
include both parents;
‘‘(iv) the ages of the mothers of such
children;
‘‘(v) the ages of the fathers of such chil-
dren;
‘‘(vi) the sources of the economic re-
sources of such families, including the
amount of such resources obtained from
(and separately identified as being from)—
‘‘(I) employment, including self-
employment;
‘‘(II) assistance received under
part A of title IV of the Social Secu-
rity Act (42 U.S.C. 601 et seq.);
‘‘(III) part B of title IV of the So-
cial Security Act (42 U.S.C. 620 et
seq.);
‘‘(IV) subtitle B or C of title II of
the Welfare Reform Consolidation Act
of 1995;
‘‘(V) assistance received under
title XVI of the Social Security Act (42
U.S.C. 1381 et seq.);
‘‘(VI) assistance received under
title XIV of the Social Security Act (42
U.S.C. 1351 et seq.);
‘‘(VII) assistance received under
title XIX of the Social Security Act (42
U.S.C. 1396 et seq.);
‘‘(VIII) assistance received under
title XX of the Social Security Act (42
U.S.C. 1397 et seq.); and
‘‘(IX) any other source of eco-
nomic resources the Secretary deter-
mines to be appropriate;
‘‘(C) the number of such providers sepa-
rately identified with respect to each type of
child care provider specified in section 658P(5)
that provided child care services obtained with
assistance provided under this subchapter;
‘‘(D) with respect to cost of such services—
‘‘(i) the cost imposed by such providers
to provide such services; and
‘‘(ii) the portion of such cost paid with
assistance provided under this subchapter;
‘‘(E) with respect to consumer education in-
formation described in section 658E(c)(2)(D)
provided by such State—
‘‘(i) the manner in which such infor-
mation was provided; and
‘‘(ii) the number of parents to whom
such information was provided; and
‘‘(F) with respect to complaints received by
such State regarding child care services obtained
with assistance provided under this subchapter—
‘‘(i) the number of such complaints
that were found to have merit; and
‘‘(ii) a description of the actions taken
by the State to correct the circumstances on
which such complaints were based.’’,
(C) by striking paragraphs (3), (4), (5),
and (6) and inserting the following:
‘‘(3) containing evidence demonstrating that the
State 
satisfied 
the 
requirements 
of 
section
658E(c)(2)(F); and
‘‘(4) identifying each State program operated
under a provision of law specified in section 658T to
which the State transferred funds under the authority
of such section, specifying the amount of funds so
transferred to such program, and containing a jus-
tification for so transferring such amount;’’, and
(3) in subsection (b)—
(A) in paragraph (1) by striking ‘‘a appli-
cation’’ and inserting ‘‘an application’’,
(B) in paragraph (2) by striking ‘‘any
agency administering activities that receive’’ and
inserting ‘‘the State that receives’’, and
(C) in paragraph (4) by striking ‘‘entitles’’
and inserting ‘‘entitled’’, and
(4) by redesignating subsection (b) as subsection
(c), and
(5) by inserting after subsection (a) the follow-
ing:
‘‘(b) STATE EVALUATION PLAN AND EVALUATION RE-
SULTS.—
‘‘(1) EVALUATION PLAN.—In the first report sub-
mitted under subsection (a) after the date of the en-
actment of the Welfare Reform Consolidation Act of
1995, and in the report for each alternating 1-year
period thereafter, the State shall include a plan the
State intends to carry out in the 1-year period subse-
quent to the period for which such report is submit-
ted, to evaluate the extent to which the State has real-
ized each of the goals specified in paragraphs (2)
through (5) of section 658A(b). The State shall in-
clude in such plan a description of the types of data
and other information the State will collect to deter-
mine whether the State has realized such goals.
‘‘(2) EVALUATION RESULTS.—In the second re-
port submitted under subsection (a) after the date of
the enactment of the Welfare Reform Consolidation
Act of 1995, and in the report for each alternating 1-
year period thereafter, the State shall include a sum-
mary of the results of an evaluation carried out under
the evaluation plan contained in the report submitted
under subsection (a) for the preceding 1-year period.’’.
(j) REPORT
BY SECRETARY.—Section 658L of the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858j) is amended—
(1) by striking ‘‘, 1993, and annually’’ and in-
serting ‘‘following the end of the second fiscal year
with respect to which the amendments made by the
Welfare Reform Consolidation Act of 1995 apply, and
biennially’’,
(2) by striking ‘‘Committee on Education and
Labor’’ and inserting ‘‘Speaker’’,
(3) by striking ‘‘Committee on Labor and
Human Resources’’ and inserting ‘‘President pro tem-
pore’’, and
(4) by striking the last sentence.
(k) REALLOTMENTS.—Section 658O of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9858m) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘POSSESSIONS’’ and insert-
ing ‘‘POSSESSIONS’’,
(B) by inserting ‘‘and’’ after ‘‘States,’’, and
(C) by striking ‘‘, and the Trust Territory
of the Pacific Islands’’,
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) STATE ALLOTMENT.—From the amount appro-
priated under section 658B for each fiscal year remaining
after reservations under subsection (a), the Secretary shall
allot to each State (excluding Guam, American Samoa, the
Virgin Islands of the United States, and the Commonwealth
of the Northern Mariana Islands) an amount that bears the
same ratio to the amount so appropriated for such fiscal
year as the aggregate of the amounts received by the State
under—
‘‘(1) this subchapter for fiscal year 1994;
‘‘(2) section 403 of the Social Security Act, with
respect to expenditures by the State for child care
under section 402(g)(1) of such Act during fiscal year
1994; and
‘‘(3) section 403(n) of the Social Security Act for
fiscal year 1994;
bears to the aggregate of the amounts received by all the
States (excluding Guam, American Samoa, the Virgin Is-
lands of the United States, and the Commonwealth of the
Northern Mariana Islands) under paragraphs (1), (2), and
(3).’’,
(3) in subsection (c)—
(A) in paragraph (2)(A) by striking ‘‘agen-
cy’’ and inserting ‘‘entity’’, and
(B) in paragraph (5) by striking ‘‘our’’ and
inserting ‘‘out’’,
(4) by striking subsection (e), and
(5) by redesignating subsection (f) as subsection
(e).
(l) DEFINITIONS.—Section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n)
is amended—
(1) in paragraph (5)(A)—
(A) in clause (i) by striking ‘‘and’’ at the
end and inserting ‘‘or’’,
(B) by striking ‘‘that—’’ and all that fol-
lows through ‘‘(i)’’, and inserting ‘‘that’’, and
(C) by striking clause (ii),
(2) by amending paragraph (8) to read as fol-
lows:
‘‘(8) LEAD
ENTITY.—The term ‘lead entity’
means the State agency or other entity designated
under section 658B(a).’’,
(3) by striking paragraphs (3), (10), and (12),
(4) by inserting after paragraph (2) the follow-
ing:
‘‘(3) CHILD CARE SERVICES.—The term ‘child
care services’ means services that constitute physical
care of a child and may include services that are de-
signed to enhance the educational, social, cultural,
emotional, and recreational development of a child
but that are not intended to serve as a substitute for
compulsory educational services.’’,
(5) in paragraph (13)—
(A) by inserting ‘‘or’’ after ‘‘Samoa,’’, and
(B) by striking ‘‘, and the Trust Territory
of the Pacific Islands’’,
(6) by redesignating paragraphs (11), (13), and
(14) as paragraphs (10), (11), and (12), respectively,
and
(7) by adding at the end the following:
‘‘(13) WITHHOLDING OF MEDICALLY INDICATED
TREATMENT.—The term ‘withholding of medically in-
dicated treatment’ means the failure to respond to the
infant’s life-threatening conditions by providing
treatment (including appropriate nutrition, hydra-
tion, and medication) which, in the treating physi-
cian’s or physicians’ reasonable medical judgment,
will be most likely to be effective in ameliorating or
correcting all such conditions, except that such term
does not include the failure to provide treatment
(other than appropriate nutrition, hydration, or
medication) to an infant when, in the treating physi-
cian’s or physicians’ reasonable medical judgment—
‘‘(A) the infant is chronically and irrevers-
ibly comatose;
‘‘(B) the provision of such treatment
would—
‘‘(i) merely prolong dying;
‘‘(ii) not be effective in ameliorating or
correcting all of the infant’s life-threatening
conditions; or
‘‘(iii) otherwise be futile in terms of the
survival of the infant; or
‘‘(C) the provision of such treatment would
be virtually futile in terms of the survival of the
infant and the treatment itself under such cir-
cumstances would be inhumane.’’.
(m) AUTHORITY TO TRANSFER FUNDS.—The Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended by inserting after section 658S
the following:
‘‘SEC. 658T. TRANSFER OF FUNDS.
‘‘(a) AUTHORITY.—Of the aggregate amount of pay-
ments received under this subchapter by a State in each
fiscal year, the State may transfer not more than 20 percent
for use by the State to carry out State programs under 1
or more of the following provisions of law:
‘‘(1) Part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).
‘‘(2) Part B of title IV of the Social Security Act
(42 U.S.C. 620 et seq.).
‘‘(3) Subtitle B or C of title II of the Welfare Re-
form Consolidation Act of 1995.
‘‘(4) Title XX of the Social Security Act (42
U.S.C. 1397 et seq.).
‘‘(b) REQUIREMENTS APPLICABLE TO FUNDS TRANS-
FERRED.—Funds transferred under subsection (a) to carry
out a State program operated under a provision of law
specified in such subsection shall not be subject to the re-
quirements of this subchapter, but shall be subject to the
same requirements that apply to Federal funds provided di-
rectly under such provision of law to carry out such pro-
gram.’’.
SEC. 102. REPEAL OF CHILD CARE ASSISTANCE AUTHOR-
IZED BY ACTS OTHER THAN THE SOCIAL SE-
CURITY ACT.
(a) CHILD DEVELOPMENT ASSOCIATE SCHOLARSHIP
ASSISTANCE ACT OF 1985.—Title VI of the Human Serv-
ices Reauthorization Act of 1986 (42 U.S.C. 10901–10905)
is repealed.
(b) STATE DEPENDENT CARE DEVELOPMENT GRANTS
ACT.—Subchapter E of chapter 8 of subtitle A of title VI
of the Omnibus Budget Reconciliation Act of 1981 (42
U.S.C. 9871–9877) is repealed.
(c) PROGRAMS OF NATIONAL SIGNIFICANCE.—Title X
of the Elementary and Secondary Education Act of 1965,
as amended by Public Law 103–382 (108 Stat. 3809 et
seq.), is amended—
(1) in section 10413(a) by striking paragraph
(4),
(2) in section 10963(b)(2) by striking subpara-
graph (G), and
(3) in section 10974(a)(6) by striking subpara-
graph (G).
(d) NATIVE HAWAIIAN FAMILY-BASED EDUCATION
CENTERS.—Section 9205 of the Native Hawaiian Edu-
cation Act (Public Law 103–382; 108 Stat. 3794) is re-
pealed.
SEC. 103. REPEAL OF CERTAIN CHILD CARE PROGRAMS AU-
THORIZED UNDER THE SOCIAL SECURITY
ACT.
(a) AFDC AND TRANSITIONAL CHILD CARE PRO-
GRAMS.—Section 402 of the Social Security Act (42 U.S.C.
602) is amended by striking subsection (g).
(b) AT-RISK CHILD CARE PROGRAM.—
(1) AUTHORIZATION.—Section 402 of such Act
(42 U.S.C. 602) is amended by striking subsection (i).
(2) FUNDING PROVISIONS.—Section 403 of such
Act (42 U.S.C. 603) is amended by striking subsection
(n).
TITLE II—FAMILY AND SCHOOL-
BASED 
NUTRITION 
BLOCK
GRANTS
Subtitle A—General Provisions
SEC. 201. DEFINITIONS.
For purposes of this title:
(1) 
BREASTFEEDING
WOMEN.—The 
term
‘‘breastfeeding women’’ means women up to 1 year
postpartum who are breastfeeding their infants.
(2) ECONOMICALLY DISADVANTAGED.—The term
‘‘economically disadvantaged’’ means an individual
or a family, as the case may be, whose annual income
does not exceed 185 percent of the applicable family
size income levels contained in the most recent income
poverty guidelines prescribed by the Office of Manage-
ment and Budget and based on data from the Bureau
of the Census.
(3) INFANTS.—The term ‘‘infants’’ means indi-
viduals under 1 year of age.
(4) 
POSTPARTUM
WOMEN.—The 
term
‘‘postpartum women’’ means women who are in the
180-day period beginning on the termination of preg-
nancy.
(5) PREGNANT
WOMEN.—The term ‘‘pregnant
women’’ means women who have 1 or more fetuses in
utero.
(6) SCHOOL.—The term ‘‘school’’ means an ele-
mentary, intermediate, or secondary school.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(8) STATE.—The term ‘‘State’’ means any of the
several States, the District of Columbia, the Common-
wealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, American Samoa, Guam,
the Virgin Islands, or a tribal organization that exer-
cises governmental jurisdiction over a geographically
defined area.
(9) TRIBAL
ORGANIZATION.—The term ‘‘tribal
organization’’ has the meaning given it in section 4(l)
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b(l)).
(10) YOUNG CHILDREN.—The term ‘‘young chil-
dren’’ means individuals who have attained the age
of 1 but have not attained the age of 5.
Subtitle B—Family Nutrition Block
Grant Program
SEC. 221. AUTHORIZATION.
(a) IN GENERAL.—In the case of each State that in
accordance with section 223 submits to the Secretary of Ag-
riculture an application for a fiscal year, the Secretary
shall provide a grant for the year to the State for the pur-
pose of achieving the goals described in subsection (b). The
grant shall consist of the allotment determined for the State
under section 222.
(b) GOALS.—The goals of this subtitle are—
(1) to provide nutritional risk assessment, food
assistance based on such risk assessment, and nutri-
tion education and counseling to economically dis-
advantaged pregnant women, postpartum women,
breastfeeding women, infants, and young children
who are determined to be at nutritional risk;
(2) to provide nutritional risk assessments of
such women in order to provide food assistance and
nutrition education which meets their specific needs;
(3) to provide nutrition education to such
women in order to increase their awareness of the
types of foods which should be consumed to maintain
good health;
(4) to provide food assistance, including nutri-
tious meal supplements, to such women in order to re-
duce incidences of low-birthweight babies and babies
born with birth defects as a result of nutritional defi-
ciencies;
(5) to provide food assistance, including nutri-
tious meal supplements, to such women, infants, and
young children in order to ensure their future good
health;
(6) to ensure that such women, infants, and chil-
dren are referred to other health services, including
routine pediatric and obstetric care, when necessary;
(7) to ensure that children from economically
disadvantaged families in day care facilities, family
day care homes, homeless shelters, settlement houses,
recreational centers, Head Start centers, Even Start
programs and child care facilities for children with
disabilities receive nutritious meals, supplements, and
low-cost milk; and
(8) to provide summer food service programs to
meet the nutritional needs of children from economi-
cally disadvantaged families during months when
school is not in session.
(c) TIMING OF PAYMENTS.—The Secretary shall pro-
vide payments under a grant under this subtitle to States
on a quarterly basis.
SEC. 222. ALLOTMENT.
The Secretary shall allot the amount appropriated to
carry out this subtitle for a fiscal year among the States
as follows:
(1) FIRST FISCAL YEAR.—
(A) IN GENERAL.—With respect to the first
fiscal year for which the Secretary provides
grants to States under this subtitle, the amount
allotted to each State shall bear the same propor-
tion to such amount appropriated as the aggre-
gate of the amounts described in subparagraph
(B) that were received by each such State under
the provisions of law described in such subpara-
graph (as such provisions of law were in effect
on the day before the date of the enactment of
this Act) for the preceding fiscal year bears to
the aggregate of the amounts described in sub-
paragraph (B) that were received by all such
States under such provisions of law for such pre-
ceding fiscal year.
(B) AMOUNTS
DESCRIBED.—The amounts
described in this subparagraph are the following:
(i) The amount received under the spe-
cial supplemental nutrition program for
women, infants, and children under section
17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786).
(ii) The amount received under the
homeless children nutrition program estab-
lished under section 17B of the National
School Lunch Act (42 U.S.C. 1766b).
(iii) 87.5 percent of the sum of the
amounts received under the following pro-
grams:
(I) The child and adult care food
program under section 17 of the Na-
tional School Lunch Act (42 U.S.C.
1766), except for subsection (o) of such
section.
(II) The summer food service pro-
gram for children established under
section 13 of the National School
Lunch Act (42 U.S.C. 1761).
(III) The special milk program es-
tablished under section 3 of the Child
Nutrition Act of 1966 (42 U.S.C.
1772).
(2) SECOND FISCAL YEAR.—With respect to the
second fiscal year for which the Secretary provides
grants to States under this subtitle—
(A) 90 percent of such amount appropriated
shall be allotted among the States by allotting to
each State an amount that bears the same pro-
portion to such amount appropriated as the
amount allotted to each such State from a grant
under this subtitle for the preceding fiscal year
bears to the aggregate of the amounts allotted to
all such States from grants under this subtitle
for such preceding fiscal year; and
(B) 10 percent of such amount appropriated
shall be allotted among the States by allotting to
each State an amount that bears the same pro-
portion to such amount appropriated as the rel-
ative number of individuals receiving assistance
during the 1-year period ending on June 30 of
the preceding fiscal year in such State from
amounts received from a grant under this sub-
title for such preceding fiscal year bears to the
total number of individuals receiving assistance
in all States from amounts received from grants
under this subtitle for the preceding fiscal year.
(3) THIRD FISCAL YEAR.—With respect to the
third fiscal year for which the Secretary provides
grants to States under this subtitle—
(A) 80 percent of such amount appropriated
shall be allotted among the States by allotting to
each State an amount determined in accordance
with the formula described in paragraph (2)(A);
and
(B) 20 percent of such amount appropriated
shall be allotted among the States by allotting to
each State an amount determined in accordance
with the formula described in paragraph (2)(B).
(4) FOURTH FISCAL YEAR.—With respect to the
fourth fiscal year for which the Secretary provides
grants to States under this subtitle—
(A) 70 percent of such amount appropriated
shall be allotted among the States by allotting to
each State an amount determined in accordance
with the formula described in paragraph (2)(A);
and
(B) 30 percent of such amount appropriated
shall be allotted among the States by allotting to
each State an amount determined in accordance
with the formula described in paragraph (2)(B).
(5) FIFTH FISCAL YEAR.—With respect to the
fifth fiscal year for which the Secretary provides
grants to States under this subtitle—
(A) 60 percent of such amount appropriated
shall be allotted among the States by allotting to
each State an amount determined in accordance
with the formula described in paragraph (2)(A);
and
(B) 40 percent of such amount appropriated
shall be allotted among the States by allotting to
each State an amount determined in accordance
with the formula described in paragraph (2)(B).
SEC. 223. APPLICATION.
The Secretary may provide a grant under this subtitle
to a State for a fiscal year only if the State submits to
the Secretary an application containing only—
(1) an agreement that the State will use amounts
received from such grant in accordance with section
224;
(2) except as provided in paragraph (3), an
agreement that the State will set minimum nutri-
tional requirements for food assistance provided under
this subtitle based on the most recent tested nutri-
tional research available, except that—
(A) such requirements shall not be construed
to prohibit the substitution of foods to accommo-
date the medical or other special dietary needs of
individual students; and
(B) such requirements shall, at a minimum,
be based on—
(i) the weekly average of the nutrient
content of school lunches; or
(ii) such other standards as the State
may prescribe;
(3) an agreement that the State, with respect to
the provision of food assistance to economically dis-
advantaged pregnant women, postpartum women,
breastfeeding women, infants, and young children,
shall—
(A) implement the minimum nutritional re-
quirements described in paragraph (2) for such
food assistance; or
(B) implement the model nutrition stand-
ards developed under section 227 for such food
assistance;
(4) an agreement that the State will take such
reasonable steps as the State deems necessary to re-
strict the use and disclosure of information about in-
dividuals and families receiving assistance under this
subtitle;
(5) an agreement that the State will use not
more than 5 percent of the amount of such grant for
administrative costs incurred to provide assistance
under this subtitle, except that costs associated with
the nutritional risk assessment of individuals de-
scribed in section 224(a)(1) and costs associated with
nutrition education and counseling provided to such
individuals shall not be considered to be administra-
tive costs; and
(6) an agreement that the State will submit to
the Secretary a report in accordance with section 225.
SEC. 224. USE OF AMOUNTS.
(a) IN GENERAL.—The Secretary may provide a grant
under this subtitle to a State only if the State agrees that
it will use all amounts received from such grant—
(1) subject to subsection (b), to provide nutri-
tional risk assessment, food assistance based on such
risk assessment, and nutrition education and counsel-
ing to economically disadvantaged pregnant women,
postpartum women, breastfeeding women, infants,
and young children who are determined to be at nu-
tritional risk;
(2) to provide milk in nonprofit nursery schools,
child care centers, settlement houses, summer camps,
and similar institutions devoted to the care and
training of children, to children from economically
disadvantaged families;
(3) to provide food service programs in institu-
tions and family day care homes providing child care
to children from economically disadvantaged families;
(4) to provide summer food service programs
carried out by nonprofit food authorities, local gov-
ernments, nonprofit higher education institutions
participating in the National Youth Sports Program,
and residential nonprofit summer camps to children
from economically disadvantaged families; and
(5) to provide nutritious meals to pre-school age
homeless children in shelters and other facilities serv-
ing the homeless population.
(b) ADDITIONAL REQUIREMENT.—The State shall en-
sure that not less than 80 percent of the amount of the grant
is used to provide nutritional risk assessment, food assist-
ance based on such nutritional risk assessment, and nutri-
tion education and counseling to economically disadvan-
taged pregnant women, postpartum women, breastfeeding
women, infants, and young children under subsection
(a)(1).
(c) AUTHORITY TO USE AMOUNTS FOR OTHER PUR-
POSES.—
(1) IN GENERAL.—Subject to paragraphs (2) and
(3), a State may use not more than 20 percent of
amounts received from a grant under this subtitle for
a fiscal year to carry out a State program pursuant
to any or all of the following provisions of law:
(A) Part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
(B) Part B of title IV of the Social Security
Act (42 U.S.C. 620 et seq.).
(C) Title XX of the Social Security Act (42
U.S.C. 1397 et seq.).
(D) Subtitle C of this title.
(E) The Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.).
(2) SUFFICIENT
FUNDING
DETERMINATION.—
Prior to using any amounts received from a grant
under this subtitle for a fiscal year to carry out a
State program pursuant to any or all of the provi-