H. R. 3874
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To amend the National School Lunch Act and the Child Nutrition Act of 1966
to provide children with increased access to food and nutrition assistance, to
simplify program operations and improve program management, to extend certain
authorities contained in those Acts through fiscal year 2003, and for other pur-
poses.
Be it enacted by the Senate and House of Representatives 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 ‘‘William F.
Goodling Child Nutrition Reauthorization Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—SCHOOL LUNCH AND RELATED PROGRAMS
Sec. 101. Provision of commodities.
Sec. 102. Nutritional and other program requirements.
Sec. 103. Special assistance.
Sec. 104. Miscellaneous provisions and definitions.
Sec. 105. Summer food service program for children.
Sec. 106. Commodity distribution program.
Sec. 107. Child and adult care food program.
Sec. 108. Meal supplements for children in afterschool care.
Sec. 109. Pilot projects.
Sec. 110. Training, technical assistance, and food service management institute.
Sec. 111. Compliance and accountability.
Sec. 112. Information clearinghouse.
Sec. 113. Accommodation of the special dietary needs of individuals with disabil-
ities.
TITLE II—SCHOOL BREAKFAST AND RELATED PROGRAMS
Sec. 201. School breakfast program authorization.
Sec. 202. State administrative expenses.
Sec. 203. Special supplemental nutrition program for women, infants, and children.
Sec. 204. Nutrition education and training.
TITLE III—COMMODITY DISTRIBUTION PROGRAMS
Sec. 301. Information from recipient agencies.
Sec. 302. Food distribution.
TITLE IV—EFFECTIVE DATE
Sec. 401. Effective date.
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TITLE I—SCHOOL LUNCH AND RELATED
PROGRAMS
SEC. 101. PROVISION OF COMMODITIES.
(a) IN GENERAL.—Section 6 of the National School Lunch Act
(42 U.S.C. 1755) is amended—
(1) by striking subsections (c) and (d); and
(2) by redesignating subsections (e), (f ), and (g) as sub-
sections (c), (d), and (e), respectively.
(b) CONFORMING AMENDMENTS.—The National School Lunch
Act is amended by striking ‘‘section 6(e)’’ each place it appears
in sections 14(f ), 16(a), and 17(h)(1)(B) (42 U.S.C. 1762a(f ), 1765(a),
1766(h)(1)(B)) and inserting ‘‘section 6(c)’’.
SEC. 102. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS.
(a) TECHNICAL AMENDMENTS.—Section 9(f ) of the National
School Lunch Act (42 U.S.C. 1758(f )) is amended—
(1) in paragraph (2), by striking ‘‘subparagraph (A)’’ and
inserting ‘‘paragraph (1)’’; and
(2) in paragraphs (3) and (4), by striking ‘‘this paragraph’’
each place it appears and inserting ‘‘this subsection’’.
(b) WAIVER OF REQUIREMENT FOR WEIGHTED AVERAGES FOR
NUTRIENT ANALYSIS.—Section 9(f ) of the National School Lunch
Act (42 U.S.C. 1758(f )) is amended by adding at the end the
following:
‘‘(5) WAIVER
OF
REQUIREMENT
FOR
WEIGHTED
AVERAGES
FOR NUTRIENT ANALYSIS.—During the period ending on Septem-
ber 30, 2003, the Secretary shall not require the use of weighted
averages for nutrient analysis of menu items and foods offered
or served as part of a meal offered or served under the school
lunch program under this Act or the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).’’.
(c) REQUIREMENT FOR FOOD SAFETY INSPECTIONS.—Section 9
of the National School Lunch Act (42 U.S.C. 1758) is amended
by adding at the end the following:
‘‘(h) FOOD SAFETY INSPECTIONS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a school participating in the school lunch program under this
Act or the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773) shall, at least
once during each school year, obtain a food safety inspection
conducted by a State or local governmental agency responsible
for food safety inspections.
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to a school
if a food safety inspection of the school is required by a State
or local governmental agency responsible for food safety inspec-
tions.’’.
(d) SINGLE PERMANENT AGREEMENT BETWEEN STATE AGENCY
AND SCHOOL FOOD AUTHORITY; COMMON CLAIMS FORM.—Section
9 of the National School Lunch Act (42 U.S.C. 1758), as amended
by subsection (c), is further amended by adding at the end the
following:
‘‘(i) SINGLE PERMANENT AGREEMENT BETWEEN STATE AGENCY
AND SCHOOL FOOD AUTHORITY; COMMON CLAIMS FORM.—
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‘‘(1) IN
GENERAL.—If a single State agency administers
any combination of the school lunch program under this Act,
the school breakfast program under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773), the summer food service
program for children under section 13 of this Act, or the child
and adult care food program under section 17 of this Act,
the agency shall—
‘‘(A) require each school food authority to submit to
the State agency a single agreement with respect to the
operation by the authority of the programs administered
by the State agency; and
‘‘(B) use a common claims form with respect to meals
and supplements served under the programs administered
by the State agency.
‘‘(2) ADDITIONAL REQUIREMENT.—The agreement described
in paragraph (1)(A) shall be a permanent agreement that may
be amended as necessary.’’.
SEC. 103. SPECIAL ASSISTANCE.
(a) SCHOOL
ELIGIBILITY
REQUIREMENTS
FOR
PAYMENTS.—
Section 11(a)(1) of the National School Lunch Act (42 U.S.C.
1759a(a)(1)) is amended—
(1) in subparagraph (C)—
(A) in clause (i)(I), by striking ‘‘3 successive school
years’’ each place it appears and inserting ‘‘4 successive
school years’’; and
(B) in clauses (ii) and (iii), by striking ‘‘3-school-year
period’’ each place it appears and inserting ‘‘4-school-year
period’’;
(2) in subparagraph (D)—
(A) in clause (i)—
(i) by striking ‘‘3-school-year period’’ each place
it appears and inserting ‘‘4-school-year period’’; and
(ii) by striking ‘‘2 school years’’ and inserting ‘‘4
school years’’;
(B) in clause (ii)—
(i) by striking the first sentence;
(ii) by striking ‘‘The school’’ and inserting ‘‘A school
described in clause (i)’’; and
(iii) by striking ‘‘5-school-year period’’ each place
it appears and inserting ‘‘4-school-year period’’; and
(C) in clause (iii), by striking ‘‘5-school-year period’’
and inserting ‘‘4-school-year period’’; and
(3) in subparagraph (E), by striking clause (iii).
(b) ADJUSTMENTS TO PAYMENT RATES.—
(1) IN GENERAL.—Section 11(a)(3)(B) of the National School
Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended—
(A) by striking ‘‘(B) The annual’’ and inserting the
following:
‘‘(B) COMPUTATION OF ADJUSTMENT.—
‘‘(i) IN GENERAL.—The annual’’;
(B) by striking ‘‘Each annual’’ and inserting the
following:
‘‘(ii) BASIS.—Each annual’’;
(C) by striking ‘‘The adjustments’’ and inserting the
following:
‘‘(iii) ROUNDING.—
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‘‘(I) THROUGH JUNE 30, 1999.—For the period
ending June 30, 1999, the adjustments’’; and
(D) by adding at the end the following:
‘‘(II) JULY 1, 1999, AND THEREAFTER.—On July
1, 1999, and on each subsequent July 1, the
national average payment rates for meals and
supplements shall be adjusted to the nearest lower
cent increment and shall be based on the
unrounded amounts for the preceding 12-month
period.’’.
(2) CONFORMING AMENDMENTS.—Section 4(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1773(b)) is amended—
(A) in the second sentence of paragraph (1)(B), by
striking ‘‘adjusted to the nearest one-fourth cent,’’; and
(B) in paragraph (2)(B)(ii), by striking ‘‘, which shall
be adjusted’’ and all that follows and inserting ‘‘(as adjusted
pursuant to section 11(a)(3)(B) of the National School
Lunch Act (42 U.S.C 1759a(a)(3)(B))).’’.
(c) INFORMATION
AND ASSISTANCE CONCERNING REIMBURSE-
MENT OPTIONS.—
(1) IN GENERAL.—Section 11 of the National School Lunch
Act (42 U.S.C. 1759a) is amended by adding at the end the
following:
‘‘(f ) INFORMATION AND ASSISTANCE CONCERNING REIMBURSE-
MENT OPTIONS.—
‘‘(1) IN GENERAL.—From funds made available under para-
graph (3), the Secretary shall provide grants to not more than
10 State agencies in each of fiscal years 2000 and 2001 to
enable the agencies, in accordance with criteria established
by the Secretary, to—
‘‘(A) identify separately in a list—
‘‘(i) schools that are most likely to benefit from
electing to receive special assistance under subpara-
graph (C) or (E) of subsection (a)(1); and
‘‘(ii) schools that may benefit from electing to
receive special assistance under subparagraph (C) or
(E) of subsection (a)(1);
‘‘(B) make the list of schools identified under this sub-
section available to each school district within the State
and to the public;
‘‘(C) provide technical assistance to schools, or school
districts containing the schools, to enable the schools to
evaluate and receive special assistance under subparagraph
(C) or (E) of subsection (a)(1);
‘‘(D) take any other actions the Secretary determines
are consistent with receiving special assistance under
subparagraph (C) or (E) of subsection (a)(1) and receiving
a grant under this subsection; and
‘‘(E) as soon as practicable after receipt of the grant,
but not later than September 30, 2001, take the actions
described in subparagraphs (A) through (D).
‘‘(2) REPORT.—
‘‘(A) IN GENERAL.—Not later than January 1, 2002,
the Secretary shall submit to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Agriculture, Nutrition and Forestry of
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the Senate a report on the activities of the State agencies
receiving grants under this subsection.
‘‘(B) CONTENTS.—In the report, the Secretary shall
specify—
‘‘(i) the number of schools identified as likely to
benefit from electing to receive special assistance under
subparagraph (C) or (E) of subsection (a)(1);
‘‘(ii) the number of schools identified under this
subsection that have elected to receive special assist-
ance under subparagraph (C) or (E) of subsection (a)(1);
and
‘‘(iii) a description of how the funds and technical
assistance made available under this subsection have
been used.
‘‘(3) FUNDING.—Out of any moneys in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
provide to the Secretary $2,250,000 for each of fiscal years
2000 and 2001 to carry out this subsection. The Secretary
shall be entitled to receive the funds and shall accept the
funds, without further appropriation.’’.
(2) TECHNICAL AMENDMENTS.—The National School Lunch
Act is amended in the second sentence of each of sections
21(e)(2)(A) and 26(d) (42 U.S.C. 1769b–1(e)(2)(A), 1769g(d)) by
inserting at the end before the period ‘‘, without further appro-
priation’’.
SEC. 104. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
(a) ADJUSTMENTS
TO REIMBURSEMENT RATES.—Section 12(f )
of the National School Lunch Act (42 U.S.C. 1760(f )) is amended—
(1) by striking ‘‘school breakfasts and lunches’’ and
inserting ‘‘breakfasts, lunches, suppers, and supplements’’;
(2) by striking ‘‘sections 4 and 11’’ and inserting ‘‘sections
4, 11, 13, and 17’’; and
(3) by striking ‘‘lunches and breakfasts’’ each place it
appears and inserting ‘‘meals and supplements’’.
(b) CRIMINAL PENALTIES.—Section 12(g) of the National School
Lunch Act (42 U.S.C. 1760(g)) is amended by striking ‘‘$10,000’’
and inserting ‘‘$25,000’’.
(c) FOOD
AND NUTRITION PROJECTS.—Section 12(m) of the
National School Lunch Act (42 U.S.C. 1760(m)) is amended by
striking ‘‘1998’’ each place it appears and inserting ‘‘2003’’.
(d) BUY AMERICAN.—Section 12 of the National School Lunch
Act (42 U.S.C. 1760) is amended by adding at the end the following:
‘‘(n) BUY AMERICAN.—
‘‘(1) DEFINITION OF DOMESTIC COMMODITY OR PRODUCT.—
In this subsection, the term ‘domestic commodity or product’
means—
‘‘(A) an agricultural commodity that is produced in
the United States; and
‘‘(B) a food product that is processed in the United
States substantially using agricultural commodities that
are produced in the United States.
‘‘(2) REQUIREMENT.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall require that a school food authority pur-
chase, to the maximum extent practicable, domestic
commodities or products.
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‘‘(B) LIMITATIONS.—Subparagraph (A) shall apply
only to—
‘‘(i) a school food authority located in the
contiguous United States; and
‘‘(ii) a purchase of a domestic commodity or product
for the school lunch program under this Act or the
school breakfast program under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
‘‘(3) APPLICABILITY
TO
HAWAII.—Paragraph (2)(A) shall
apply to a school food authority in Hawaii with respect to
domestic commodities or products that are produced in Hawaii
in sufficient quantities to meet the needs of meals provided
under the school lunch program under this Act or the school
breakfast program under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773).’’.
(e) PROCUREMENT CONTRACTS.—Section 12 of the National
School Lunch Act (42 U.S.C. 1760), as amended by subsection
(d), is further amended by adding at the end the following:
‘‘(o) PROCUREMENT CONTRACTS.—In acquiring a good or service
for programs under this Act or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42
U.S.C. 1786)), a State, State agency, school, or school food authority
may enter into a contract with a person that has provided specifica-
tion information to the State, State agency, school, or school food
authority for use in developing contract specifications for acquiring
such good or service.’’.
SEC. 105. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) ESTABLISHMENT OF SITE LIMITATION.—Section 13(a)(7)(B)
of the National School Lunch Act (42 U.S.C. 1761(a)(7)(B)) is
amended by striking clause (i) and inserting the following:
‘‘(i) operate—
‘‘(I) not more than 25 sites, with not more than 300
children being served at any one site; or
‘‘(II) with a waiver granted by the State agency under
standards developed by the Secretary, with not more than
500 children being served at any one site;’’.
(b) ELIMINATION OF MEAL CONTRACTING RESTRICTIONS, INDICA-
TION
OF
INTEREST
REQUIREMENT, AND
VENDOR
REGISTRATION
REQUIREMENTS.—Section 13 of the National School Lunch Act (42
U.S.C. 1761) is amended—
(1) in subsection (a)(7)(B)—
(A) by striking clauses (ii) and (iii); and
(B) by redesignating clauses (iv) through (vii) as clauses
(ii) through (v) respectively; and
(2) in subsection (l)—
(A) in paragraph (1)—
(i) in the first sentence—
(I) by striking ‘‘(other than private nonprofit
organizations eligible under subsection (a)(7))’’; and
(II) by striking ‘‘only with food service manage-
ment companies registered with the State in which
they operate’’ and inserting ‘‘with food service
management companies’’; and
(ii) by striking the last sentence;
(B) in paragraph (2)—
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(i) in the first sentence, by striking ‘‘shall’’ and
inserting ‘‘may’’; and
(ii) by striking the second and third sentences;
(C) by striking paragraph (3); and
(D) by redesignating paragraphs (4) and (5) as para-
graphs (3) and (4), respectively.
(c) OFFER VERSUS SERVE.—Section 13(f )(7) of the National
School Lunch Act (42 U.S.C. 1761(f )(7)) is amended in the first
sentence by striking ‘‘attending a site on school premises operated
directly by the authority’’.
(d) REAUTHORIZATION
OF
PROGRAM.—Section 13(q) of the
National School Lunch Act (42 U.S.C. 1761(q)) is amended by strik-
ing ‘‘1998’’ and inserting ‘‘2003’’.
(e) TECHNICAL AMENDMENT.—
(1) IN GENERAL.—Section 706( j)(1) of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996 (Public
Law 104–193; 110 Stat. 2293) is amended by striking ‘‘methods
of assessing’’ and inserting ‘‘methods for assessing’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) takes effect on January 1, 1997.
SEC. 106. COMMODITY DISTRIBUTION PROGRAM.
Section 14(a) of the National School Lunch Act (42 U.S.C.
1762a(a)) is amended in the matter preceding paragraph (1) by
striking ‘‘1998’’ and inserting ‘‘2003’’.
SEC. 107. CHILD AND ADULT CARE FOOD PROGRAM.
(a) ELIGIBILITY OF INSTITUTIONS.—Section 17(a) of the National
School Lunch Act (42 U.S.C. 1766(a)) is amended—
(1) in the fourth sentence, by striking ‘‘Reimbursement’’
and inserting ‘‘Except as provided in subsection (r), reimburse-
ment’’; and
(2) in the sixth sentence, by striking paragraph (1) and
inserting the following:
‘‘(1) an institution (except a school or family or group
day care home sponsoring organization) or family or group
day care home shall—
‘‘(A)(i) be licensed, or otherwise have approval, by the
appropriate Federal, State, or local licensing authority; or
‘‘(ii) be in compliance with appropriate procedures for
renewing participation in the program, as prescribed by
the Secretary, and not be the subject of information pos-
sessed by the State indicating that the license of the institu-
tion or home will not be renewed;
‘‘(B) if Federal, State, or local licensing or approval
is not available—
‘‘(i) meet any alternate approval standards estab-
lished by the appropriate State or local governmental
agency; or
‘‘(ii) meet any alternate approval standards estab-
lished by the Secretary after consultation with the
Secretary of Health and Human Services; or
‘‘(C) if the institution provides care to school children
outside of school hours and Federal, State, or local licensing
or approval is not required for the institution, meet State
or local health and safety standards; and’’.
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(b) AUTOMATIC ELIGIBILITY FOR EVEN START PROGRAM PARTICI-
PANTS.—Section 17(c)(6) of the National School Lunch Act (42 U.S.C.
1766(c)(6)) is amended—
(1) in subparagraph (A), by striking ‘‘(A)’’; and
(2) by striking subparagraph (B).
(c) PERIODIC SITE VISITS.—Section 17(d) of the National School
Lunch Act (42 U.S.C. 1766(d)) is amended—
(1) in the second sentence of paragraph (1), by inserting
after ‘‘if it’’ the following: ‘‘has been visited by a State agency
prior to approval and it’’; and
(2) in paragraph (2)(A)—
(A) by striking ‘‘that allows’’ and inserting ‘‘that—
‘‘(i) allows’’;
(B) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(ii) requires periodic site visits to private institutions that
the State agency determines have a high probability of program
abuse.’’.
(d) TAX
EXEMPT
STATUS
AND
REMOVAL
OF
NOTIFICATION
REQUIREMENT FOR INCOMPLETE APPLICATIONS.—Section 17(d)(1) of
the National School Lunch Act (42 U.S.C. 1766(d)(1)) is amended—
(1) by inserting after the third sentence the following:
‘‘An institution moving toward compliance with the requirement
for tax exempt status shall be allowed to participate in the
child and adult care food program for a period of not more
than 180 days, except that a State agency may grant a single
extension of not to exceed an additional 90 days if the institu-
tion demonstrates, to the satisfaction of the State agency, that
the inability of the institution to obtain tax exempt status
within the 180-day period is due to circumstances beyond the
control of the institution.’’; and
(2) by striking the last sentence.
(e) USE OF FUNDS FOR AUDITS.—Section 17(i) of the National
School Lunch Act (42 U.S.C. 1766(i)) is amended by striking ‘‘2
percent’’ and inserting ‘‘1.5 percent (except, in the case of each
of fiscal years 2005 through 2007, 1 percent)’’.
(f ) PERMANENT AUTHORIZATION OF DEMONSTRATION PROJECT.—
Section 17(p) of the National School Lunch Act (42 U.S.C. 1766(p))
is amended by striking paragraphs (4) and (5).
(g) MANAGEMENT SUPPORT.—Section 17 of the National School
Lunch Act (42 U.S.C. 1766) is amended by adding at the end
the following:
‘‘(q) MANAGEMENT SUPPORT.—
‘‘(1) TECHNICAL AND TRAINING ASSISTANCE.—In addition to
the training and technical assistance that is provided to State
agencies under other provisions of this Act and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary shall
provide training and technical assistance in order to assist
the State agencies in improving their program management
and oversight under this section.
‘‘(2) FUNDING.—For each of fiscal years 1999 through 2003,
the Secretary shall reserve to carry out paragraph (1)
$1,000,000 of the amounts made available to carry out this
section.’’.
(h) PARTICIPATION BY AT-RISK CHILD CARE PROGRAMS.—Section
17 of the National School Lunch Act (42 U.S.C. 1766), as amended