133
sistance in the form that it received such assistance
as of January 1, 1987.
‘‘(2) SCHOOL
DISTRICT, PRIVATE
NONPROFIT
SCHOOL, AND DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENTS’ SCHOOL DESCRIBED.—A school dis-
trict, private nonprofit school, or Department of De-
fense domestic dependents’ school described in this
paragraph is a school district, private nonprofit
school, or Department of Defense domestic depend-
ents’ school, as the case may be, that as of January
1, 1987, was receiving all cash payments or all com-
modity letters of credit in lieu of entitlement com-
modities for the school lunch program of such school
district, private school, or domestic dependents’
school under section 18(b) of the National School
Lunch Act (42 U.S.C. 1751 et seq.), as such section
was in effect on the day before the date of the enact-
ment of the Personal Responsibility Act of 1995.
‘‘(e) PROHIBITION
ON
PHYSICAL
SEGREGATION,
OVERT IDENTIFICATION, OR OTHER DISCRIMINATION
WITH RESPECT TO CHILDREN ELIGIBLE FOR FREE OR
LOW COST MEALS OR SUPPLEMENTS.—In providing as-
sistance to schools to establish and carry out nutritious
food service programs in accordance with subsection (a),
the State shall ensure that such schools do not—
134
‘‘(1) physically segregate children eligible to re-
ceive free or low cost meals or supplements on the
basis of such eligibility;
‘‘(2) provide for the overt identification of such
children by special tokens or tickets, announced or
published list of names, or other means; or
‘‘(3) otherwise discriminate against such chil-
dren.
‘‘SEC. 6. REPORTS.
‘‘The Secretary may provide a grant under this Act
to a State for a fiscal year only if the State agrees that
it will submit, for such fiscal year, a report to the Sec-
retary describing—
‘‘(1) the number of individuals receiving assist-
ance under the grant;
‘‘(2) the different types of assistance provided
to such individuals;
‘‘(3) the total number of meals served to stu-
dents under the grant, including the percentage of
such meals served to economically disadvantaged
students;
‘‘(4) the extent to which such assistance was ef-
fective in achieving the goals described in section
2(b);
135
‘‘(5) the standards and methods the State is
using to ensure the nutritional quality of such assist-
ance, including meals and supplements; and
‘‘(6) any other information the Secretary deter-
mines to be appropriate.
‘‘SEC. 7. PENALTIES.
‘‘(a) PENALTY FOR USE OF AMOUNTS IN VIOLATION
OF THIS ACT.—
‘‘(1) IN GENERAL.—The Secretary shall reduce
the amounts otherwise payable to a State under a
grant under this Act by any amount paid to the
State under this Act which an audit conducted pur-
suant to chapter 75 of title 31, United States Code,
finds has been used in violation of this Act.
‘‘(2) LIMITATION.—In carrying out paragraph
(1), the Secretary shall not reduce any quarterly
payment by more than 25 percent.
‘‘(b) PENALTY FOR FAILURE TO SUBMIT REQUIRED
REPORT.—The Secretary shall reduce by 3 percent the
amount otherwise payable to a State under a grant under
this Act for a fiscal year if the Secretary determines that
the State has not submitted the report required by section
6 for the immediately preceding fiscal year, within 6
months after the end of the immediately preceding fiscal
year.
136
‘‘SEC. 8. ASSISTANCE TO CHILDREN ENROLLED IN PRIVATE
NONPROFIT SCHOOLS AND DEPARTMENT OF
DEFENSE DOMESTIC DEPENDENTS’ SCHOOLS
IN CASE OF RESTRICTIONS ON STATE OR
FAILURE BY STATE TO PROVIDE ASSISTANCE.
‘‘(a) IN GENERAL.—If, by reason of any other provi-
sion of law, a State is prohibited from providing assistance
from amounts received from a grant under this Act to pri-
vate nonprofit schools or Department of Defense domestic
dependents’ schools for a fiscal year to establish and carry
out nutritious food service programs in such schools in ac-
cordance with section 5(a), or the Secretary determines
that a State has substantially failed or is unwilling to pro-
vide such assistance to such private nonprofit schools or
domestic dependents’ schools for such fiscal year, the Sec-
retary shall, after consultation with appropriate represent-
atives of the State and private nonprofit schools or domes-
tic dependents’ schools, as the case may be, arrange for
the provision of such assistance to private nonprofit
schools or domestic dependents’ schools in the State for
such fiscal year in accordance with the requirements this
Act.
‘‘(b) REDUCTION IN AMOUNT OF STATE GRANT.—
If the Secretary arranges for the provision of assistance
to private nonprofit schools or Department of Defense do-
mestic dependents’ schools in a State for a fiscal year
137
under subsection (a), the amount of the grant for such
State for such fiscal year shall be reduced by the amount
of such assistance provided to such private nonprofit
schools or domestic dependents’ schools, as the case may
be.
‘‘SEC. 9. FOOD SERVICE PROGRAMS FOR DEPARTMENT OF
DEFENSE OVERSEAS DEPENDENTS’ SCHOOLS.
‘‘(a) IN GENERAL.—The Secretary shall make avail-
able to the Secretary of Defense for each fiscal year funds
and commodities in an amount determined in accordance
with subsection (c) for the purpose of establishing and car-
rying out nutritious food service programs that provide af-
fordable meals and supplements to students attending De-
partment of Defense overseas dependents’ schools.
‘‘(b) REQUIREMENTS.—In carrying out nutritious
food service programs under subsection (a), the Secretary
of Defense—
‘‘(1) shall ensure that not less than 80 percent
of the amount of assistance provided to each school
for a fiscal year is used to provide free or low cost
meals or supplements to economically disadvantaged
children; and
‘‘(2) shall ensure that, with respect to the pro-
vision of meals to students, each such school will—
138
‘‘(A) implement minimum nutritional re-
quirements for meals provided under this sec-
tion based on the most recent tested nutritional
research available, except that—
‘‘(i) such requirements shall not be
construed to prohibit the substitution of
foods to accommodate the medical or other
special dietary needs of individual stu-
dents; and
‘‘(ii) 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
Secretary of Agriculture may pre-
scribe; or
‘‘(B) implement the model nutrition stand-
ards developed under section 10 for such meals.
‘‘(c) AMOUNT AND SOURCE OF FUNDS AND COMMOD-
ITIES.—
‘‘(1) AMOUNT.—The Secretary, in consultation
with the Secretary of Defense, shall determine the
amount of funds and commodities necessary for each
fiscal year to establish and carry out nutritious food
service programs described in subsection (a).