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Q: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Dr. Chris 
Kirkpatrick Whistleblower Protection Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                      TITLE I--EMPLOYEES GENERALLY

Sec. 101. Definitions.
Sec. 102. Stays; probationary employees.
Sec. 103. Prohibited personnel practices.
Sec. 104. Discipline of supervisors based on retaliation against 
          whistleblowers.
Sec. 105. Suicide by employees.
Sec. 106. Training for supervisors.
Sec. 107. Information on whistleblower protections.

           TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES

Sec. 201. Prevention of unauthorized access to medical records of 
          employees of the Department of Veterans Affairs.
Sec. 202. Outreach on availability of mental health services available 
          to employees of the Department of Veterans Affairs.
Sec. 203. Protocols to address threats against employees of the 
          Department of Veterans Affairs.
Sec. 204. Comptroller General of the United States study on 
          accountability of chiefs of police of Department of Veterans 
          Affairs medical centers.

                      TITLE I--EMPLOYEES GENERALLY

    SEC. 101. DEFINITIONS.
    In this title--
        (1) the term ``agency''--
            (A) except as provided in subparagraph (B), means an entity 
        that is an agency, as defined under section 2302 of title 5, 
        United States Code, without regard to whether one or more 
        portions of title 5 of the United States Code are inapplicable 
        to the entity; and
            (B) does not include any entity that is an element of the 
        intelligence community, as defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 3003(4));
        (2) the term ``employee'' means an employee (as defined in 
    section 2105 of title 5, United States Code) of an agency; and
        (3) the term ``personnel action'' has the meaning given that 
    term under section 2302 of title 5, United States Code.
    SEC. 102. STAYS; PROBATIONARY EMPLOYEES.
    (a) Request by Special Counsel.--Section 1214(b)(1) of title 5, 
United States Code, is amended by adding at the end the following:
    ``(E) If the Merit Systems Protection Board grants a stay under 
this subsection, the head of the agency employing the employee shall 
give priority to a request for a transfer submitted by the employee.''.
    (b) Probationary Employees.--Section 1221 of title 5, United States 
Code, is amended by adding at the end the following:
    ``(k) If the Merit Systems Protection Board grants a stay to an 
employee in probationary status under subsection (c), the head of the 
agency employing the employee shall give priority to a request for a 
transfer submitted by the employee.''.
    (c) Study Regarding Retaliation Against Probationary Employees.--
The Comptroller General of the United States shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Oversight and Government Reform of the House of 
Representatives a report discussing retaliation against employees in 
probationary status.
    SEC. 103. PROHIBITED PERSONNEL PRACTICES.
    Section 2302(b) of title 5, United States Code, is amended--
        (1) in paragraph (12), by striking ``or'' at the end;
        (2) in paragraph (13), by striking the period at the end and 
    inserting ``; or''; and
        (3) by inserting after paragraph (13) the following:
        ``(14) access the medical record of another employee or an 
    applicant for employment as a part of, or otherwise in furtherance 
    of, any conduct described in paragraphs (1) through (13).''.
    SEC. 104. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST 
      WHISTLEBLOWERS.
    (a) In General.--Subchapter II of chapter 75 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 7515. Discipline of supervisors based on retaliation against 
    whistleblowers
    ``(a) Definitions.--In this section--
        ``(1) the term `agency'--
            ``(A) except as provided in subparagraph (B), means an 
        entity that is an agency, as defined under section 2302, 
        without regard to whether any other provision of this chapter 
        is applicable to the entity; and
            ``(B) does not include any entity that is an element of the 
        intelligence community, as defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 3003(4));
        ``(2) the term `prohibited personnel action' means taking or 
    failing to take an action in violation of paragraph (8), (9), or 
    (14) of section 2302(b) against an employee of an agency; and
        ``(3) the term `supervisor' means an employee who would be a 
    supervisor, as defined under section 7103(a), if the entity 
    employing the employee was an agency.
    ``(b) Proposed Disciplinary Actions.--
        ``(1) In general.--If the head of the agency employing a 
    supervisor, an administrative law judge, the Merit Systems 
    Protection Board, the Special Counsel, a judge of the United 
    States, or the Inspector General of the agency employing a 
    supervisor determines that the supervisor has committed a 
    prohibited personnel action, the head of the agency employing the 
    supervisor, in accordance with the procedures required under 
    paragraph (2)--
            ``(A) for the first prohibited personnel action committed 
        by a supervisor--
                ``(i) shall propose suspending the supervisor for a 
            period of not less than 3 days; and
                ``(ii) may, in addition to a suspension described in 
            clause (i), propose any other action, including a reduction 
            in grade or pay, that the head of the agency determines 
            appropriate; and
            ``(B) for the second prohibited personnel action committed 
        by a supervisor, shall propose removing the supervisor.
        ``(2) Procedures.--
            ``(A) Notice.--A supervisor against whom an action is 
        proposed to be taken under paragraph (1) is entitled to written 
        notice--
                ``(i) stating the specific reasons for the proposed 
            action; and
                ``(ii) informing the supervisor of the right of the 
            supervisor to review the material which is relied on to 
            support the reasons for the proposed action.
            ``(B) Answer and evidence.--
                ``(i) In general.--A supervisor who is notified under 
            subparagraph (A) that the supervisor is the subject of a 
            proposed action under paragraph (1) is entitled to 14 days 
            following such notification to answer and furnish evidence 
            in support of the answer.
                ``(ii) No evidence furnished; insufficient evidence.--
            After the end of the 14-day period described in clause (i), 
            if a supervisor does not furnish evidence as described in 
            clause (i) or if the head of the agency determines that 
            such evidence is not sufficient to reverse the proposed 
            action, the head of the agency shall carry out the action.
            ``(C) Scope of procedures.--An action carried out under 
        this section--
                ``(i) except as provided in clause (ii), shall be 
            subject to the same requirements and procedures (including 
            regarding appeals) as an action under section 7503, 7513, 
            or 7543; and
                ``(ii) shall not be subject to--

                    ``(I) paragraphs (1) and (2) of section 7503(b);
                    ``(II) paragraphs (1) and (2) of subsection (b) and 
                subsection (c) of section 7513; or
                    ``(III) paragraphs (1) and (2) of subsection (b) 
                and subsection (c) of section 7543.

        ``(3) Delegation.--
            ``(A) In general.--Except as provided in paragraph (B), the 
        head of an agency may delegate any authority or responsibility 
        under this subsection.
            ``(B) Nondelegability of determination regarding prohibited 
        personnel action.--If the head of an agency is responsible for 
        determining whether a supervisor has committed a prohibited 
        personnel action for purposes of paragraph (1), the head of the 
        agency may not delegate that responsibility.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter II of chapter 75 of title 5, United States Code, is amended 
by adding at the end the following:

``7515. Discipline of supervisors based on retaliation against 
          whistleblowers.''.
    SEC. 105. SUICIDE BY EMPLOYEES.
    (a) Referral.--The head of an agency shall refer to the Special 
Counsel, along with any information known to the agency regarding the 
circumstances described in paragraphs (2) and (3), any instance in 
which the head of the agency has information indicating--
        (1) an employee of the agency committed suicide;
        (2) prior to the death of the employee, the employee made any 
    disclosure of information which reasonably evidences--
            (A) any violation of any law, rule, or regulation; or
            (B) gross mismanagement, a gross waste of funds, an abuse 
        of authority, or a substantial and specific danger to public 
        health or safety; and
        (3) after a disclosure described in paragraph (2), a personnel 
    action was taken against the employee.
    (b) Office of Special Counsel Review.--For any referral to the 
Special Counsel under subsection (a), the Special Counsel shall--
        (1) examine whether any personnel action was taken because of 
    any disclosure of information described in subsection (a)(2); and
        (2) take any action the Special Counsel determines appropriate 
    under subchapter II of chapter 12 of title 5, United States Code.
    SEC. 106. TRAINING FOR SUPERVISORS.
    In consultation with the Special Counsel and the Inspector General 
of the agency (or senior ethics official of the agency for an agency 
without an Inspector General), the head of each agency shall provide 
training regarding how to respond to complaints alleging a violation of 
whistleblower protections (as defined in section 2307 of title 5, 
United States Code, as added by section 107) available to employees of 
the agency--
        (1) to employees appointed to supervisory positions in the 
    agency who have not previously served as a supervisor; and
        (2) on an annual basis, to all employees of the agency serving 
    in a supervisory position.
    SEC. 107. INFORMATION ON WHISTLEBLOWER PROTECTIONS.
    (a) Existing Provision.--
        (1) In general.--Section 2302 of title 5, United States Code, 
    is amended--
            (A) by striking subsection (c); and
            (B) by redesignating subsections (d), (e), and (f) as 
        subsections (c), (d), and (e), respectively.
        (2) Technical and conforming amendments.--
            (A) Section 4505a(b)(2) of title 5, United States Code, is 
        amended by striking ``section 2302(d)'' and inserting ``section 
        2302(c)''.
            (B) Section 5755(b)(2) of title 5, United States Code, is 
        amended by striking ``section 2302(d)'' and inserting ``section 
        2302(c)''.
            (C) Section 110(b)(2) of the Whistleblower Protection 
        Enhancement Act of 2012 (5 U.S.C. 2302 note) is amended by 
        striking ``section 2302(f)(1) or (2)'' and inserting ``section 
        2302(e)(1) or (2)''.
            (D) Section 1217(d)(3) of the Panama Canal Act of 1979 (22 
        U.S.C. 3657(d)(3)) is amended by striking ``section 2302(d)'' 
        and inserting ``section 2302(c)''.
            (E) Section 1233(b) of the Panama Canal Act of 1979 (22 
        U.S.C. 3673(b)) is amended by striking ``section 2302(d)'' and 
        inserting ``section 2302(c)''.
    (b) Provision of Information.--Chapter 23 of title 5, United States 
Code, is amended by adding at the end the following:
``Sec. 2307. Information on whistleblower protections
    ``(a) Definitions.--In this section--
        ``(1) the term `agency'--
            ``(A) except as provided in subparagraph (B), has the 
        meaning given that term in section 2302; and
            ``(B) does not include any entity that is an element of the 
        intelligence community, as defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 3003(4));
        ``(2) the term `new employee' means an individual--
            ``(A) appointed to a position as an employee of an agency 
        on or after the date of enactment of the Dr. Chris Kirkpatrick 
        Whistleblower Protection Act of 2017; and
            ``(B) who has not previously served as an employee; and
        ``(3) the term `whistleblower protections' means the 
    protections against and remedies for a prohibited personnel 
    practice described in paragraph (8), subparagraph (A)(i), (B), (C), 
    or (D) of paragraph (9), or paragraph (14) of section 2302(b).
    ``(b) Responsibilities of Head of Agency.--The head of each agency 
shall be responsible for the prevention of prohibited personnel 
practices, for the compliance with and enforcement of applicable civil 
service laws, rules, and regulations, and other aspects of personnel 
management, and for ensuring (in consultation with the Special Counsel 
and the Inspector General of the agency) that employees of the agency 
are informed of the rights and remedies available to them under this 
chapter and chapter 12, including--
        ``(1) information regarding whistleblower protections available 
    to new employees during the probationary period;
        ``(2) the role of the Office of Special Counsel and the Merit 
    Systems Protection Board with regard to whistleblower protections; 
    and
        ``(3) how to make a lawful disclosure of information that is 
    specifically required by law or Executive order to be kept 
    classified in the interest of national defense or the conduct of 
    foreign affairs to the Special Counsel, the Inspector General of an 
    agency, Congress, or other agency employee designated to receive 
    such disclosures.
    ``(c) Timing.--The head of each agency shall ensure that the 
information required to be provided under subsection (b) is provided to 
each new employee of the agency not later than 6 months after the date 
the new employee begins performing service as an employee.
    ``(d) Information Online.--The head of each agency shall make 
available information regarding whistleblower protections applicable to 
employees of the agency on the public website of the agency, and on any 
online portal that is made available only to employees of the agency if 
one exists.
    ``(e) Delegees.--Any employee to whom the head of an agency 
delegates authority for personnel management, or for any aspect 
thereof, shall, within the limits of the scope of the delegation, be 
responsible for the activities described in subsection (b).''.
    (c) Technical and Conforming Amendment.--The table of sections for 
chapter 23 of title 5, United States Code, is amended by adding at the 
end the following:

``2307. Information on whistleblower protections.''.

           TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES

    SEC. 201. PREVENTION OF UNAUTHORIZED ACCESS TO MEDICAL RECORDS OF 
      EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
    (a) Development of Plan.--
        (1) In general.--Not later than 180 days after the date of the 
    enactment of this Act, the Secretary of Veterans Affairs shall--
            (A) develop a plan to prevent access to the medical records 
        of employees of the Department of Veterans Affairs by employees 
        of the Department who are not authorized to access such 
        records;
            (B) submit to the appropriate committees of Congress the 
        plan developed under subparagraph (A); and
            (C) upon request, provide a briefing to the appropriate 
        committees of Congress with respect to the plan developed under 
        subparagraph (A).
        (2) Elements.--The plan required under paragraph (1) shall 
    include the following:
            (A) A detailed assessment of strategic goals of the 
        Department for the prevention of unauthorized access to the 
        medical records of employees of the Department.
            (B) A list of circumstances in which an employee of the 
        Department who is not a health care provider or an assistant to 
        a health care provider would be authorized to access the 
        medical records of another employee of the Department.
            (C) Steps that the Secretary will take to acquire new or 
        implement existing technology to prevent an employee of the 
        Department from accessing the medical records of another 
        employee of the Department without a specific need to access 
        such records.
            (D) Steps the Secretary will take, including plans to issue 
        new regulations, as necessary, to ensure that an employee of 
        the Department may not access the medical records of another 
        employee of the Department for the purpose of retrieving 
        demographic information if that demographic information is 
        available to the employee in another location or through 
        another format.
            (E) A proposed timetable for the implementation of such 
        plan.
            (F) An estimate of the costs associated with implementing 
        such plan.
    (b) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
        (1) the Committee on Homeland Security and Governmental Affairs 
    and the Committee on Veterans' Affairs of the Senate; and
        (2) the Committee on Oversight and Government Reform and the 
    Committee on Veterans' Affairs of the House of Representatives.
    SEC. 202. OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES 
      AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
    The Secretary of Veterans Affairs shall conduct a program of 
outreach to employees of the Department of Veterans Affairs to inform 
those employees of any mental health services, including telemedicine 
options, that are available to them.
    SEC. 203. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE 
      DEPARTMENT OF VETERANS AFFAIRS.
    The Secretary of Veterans Affairs shall ensure protocols are in 
effect to address threats from individuals receiving health care from 
the Department of Veterans Affairs directed towards employees of the 
Department who are providing such health care.
    SEC. 204. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON 
      ACCOUNTABILITY OF CHIEFS OF POLICE OF DEPARTMENT OF VETERANS 
      AFFAIRS MEDICAL CENTERS.
    The Comptroller General of the United States shall conduct a study 
to assess the reporting, staffing, accountability, and chain of command 
structure of the Department of Veterans Affairs police officers at 
medical centers of the Department.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

A:  (This measure has not been amended since it was reported to the Senate on May 4, 2017 .  Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 TITLE I--EMPLOYEES GENERALLY (Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protections Board (MSPB) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if the individual is in probationary status and seeks corrective action. The Government Accountability Office (GAO) shall report to Congress on retaliation against employees in probationary status. (Sec. 103) The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, (2) authorizes disciplinary action against supervisors for retaliation against whistleblowers.  (Sec. 105) Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistleblower protections violations, (3) provide information regarding whistleblower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistleblower protection, and (5) make information about such protections available on agency websites.  TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES (Sec. 201) The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health care.  (Sec. 204) The GAO shall assess the reporting, staffing, accountability, and chain of command structure of the VA police officers at VA medical centers.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminating Kickbacks in Recovery 
Act of 2018''.

SEC. 2. CRIMINAL PENALTIES.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following:
``Sec. 220. Illegal remunerations for referrals to recovery homes and 
              clinical treatment facilities
    ``(a) Offense.--Except as provided in subsection (c), it shall be 
unlawful to, in or affecting interstate or foreign commerce, knowingly 
and willfully--
            ``(1) solicit or receive any remuneration (including any 
        kickback, bribe, or rebate) directly or covertly, in cash or in 
        kind, in return for referring a patient or patronage to a 
        recovery home or clinical treatment facility;
            ``(2) being a recovery home or clinical treatment facility, 
        or an officer or employee of a recovery home or clinical 
        treatment facility acting in the course of their employment, 
        pay or offering any remuneration (including any kickback, 
        bribe, or rebate) directly or covertly, in cash or in kind, 
        to--
                    ``(A) a person in exchange for the person referring 
                an individual to that recovery home or clinical 
                treatment facility; or
                    ``(B) an individual in exchange for that individual 
                using the services of that recovery home or clinical 
                treatment facility; or
            ``(3) being a clinical service provider, or an officer or 
        employee of a clinical service provider acting in the course of 
        their employment, pay, solicit, or receive any remuneration 
        (including any kickback, bribe, or rebate) directly or 
        covertly, in cash or in kind, to a recovery home or clinical 
        treatment facility, or to an officer or employee of a recovery 
        home or clinical treatment facility, in exchange for referring 
        an individual with a substance use disorder to a clinical 
        service provider for clinical services.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined not more than $200,000, imprisoned not more than 10 years, or 
both.
    ``(c) Applicability.--Subsection (a) shall not apply to--
            ``(1) a discount or other reduction in price obtained by a 
        provider of services or other entity under a health care 
        benefit program if the reduction in price is properly disclosed 
        and appropriately reflected in the costs claimed or charges 
        made by the provider or entity;
            ``(2) any amount paid by an employer to an employee (who 
        has a bona fide employment relationship with such employer) for 
        employment in the provision of covered items or services and 
        the employee's remuneration is not determined by the number of 
        individuals referred to a particular recovery home or clinical 
        treatment facility;
            ``(3) any amount paid by a vendor of goods or services to a 
        person authorized to act as a purchasing agent for a group of 
        individuals or entities who are furnishing services reimbursed 
        if--
                    ``(A) the person has a written contract, with each 
                such individual or entity, which specifies the amount 
                to be paid to the person, which amount may be a fixed 
                amount or a fixed percentage of the value of the 
                purchases made by each such individual or entity under 
                the contract; and
                    ``(B) in the case of a recovery home or clinical 
                treatment facility that is a provider of services, the 
                person discloses to the health care benefit program the 
                remuneration received from each such vendor with 
                respect to purchases made by or on behalf of the 
                entity;
            ``(4) a discount in the price of an applicable drug of a 
        manufacturer that is furnished to an applicable beneficiary 
        under the Medicare coverage gap discount program under section 
        1860D-14A(g) of the Social Security Act (42 U.S.C. 1395w-
        114a(g));
            ``(5) any payment made by a principal to an agent as 
        compensation for the services of the agent under a personal 
        services and management contract that meets the requirements of 
        section 1001.952(d) of title 42, Code of Federal Regulations, 
        as in effect on the date of enactment of this section;
            ``(6) a waiver or discount (as defined in section 
        1001.952(h)(5) of title 42, Code of Federal Regulations, as in 
        effect on the date of enactment of this section) of any 
        coinsurance or copayment by a health care benefit program, as 
        determined by the health care benefit program; or
            ``(7) any remuneration between a health center or entity 
        described under clause (i) or (ii) of section 1905(l)(2)(B) of 
        the Social Security Act (42 U.S.C. 1396d(l)(2)(B)) and any 
        individual or entity providing goods, items, services, 
        donations, loans, or a combination thereof, to such health 
        center entity pursuant to a contract, lease, grant, or other 
        agreement, if such agreement contributes to the ability of the 
        health center entity to maintain or increase the availability, 
        or enhance the quality, of services provided to a medically 
        underserved population served by the health center entity.
    ``(d) Intent Requirement.--With respect to a violation of this 
section, a person need not have actual knowledge of this section or 
specific intent to commit a violation of this section.
    ``(e) Definitions.--In this section--
            ``(1) the terms `applicable beneficiary' and `applicable 
        drug' have the meanings given those terms in section 1860D-
        14A(g) of the Social Security Act (42 U.S.C. 1395w-114a(g));
            ``(2) the term `clinical treatment facility' means a 
        medical setting other than a hospital that provides 
        detoxification, risk reduction, outpatient treatment, 
        residential treatment, or rehabilitation for substance use;
            ``(3) the term `health care benefit program' has the 
        meaning given the term in section 24(b); and
            ``(4) the term `recovery home' means a shared living 
        environment free from alcohol and illicit drug use and centered 
        on peer support and connections to promote sustained recovery 
        from substance use disorders.''.
    (b) Clerical Amendment.--The table of sections for chapter 11 of 
title 18, United States Code, is amended by inserting after the item 
related to section 219 the following:

``220. Illegal remunerations for referrals to recovery homes and 
                            clinical treatment facilities.''.

A: Eliminating Kickbacks in Recovery Act of 2018 This bill amends the federal criminal code make it a crime to knowingly and willfully solicit, receive, pay, or offer payment for referrals to a recovery home or clinical treatment facility, subject to limitations. A violator is subject to criminal penalties&#8212;a fine, a prison term of up to 10 years, or both.
****
Q: SECTION 1. INCREASED FLEXIBILITY RELATING TO USE OF INFORMATION 
              SUBMITTED TO DETERMINE ELIGIBILITY UNDER PROGRAMS UNDER 
              THE NATIONAL SCHOOL LUNCH ACT AND THE CHILD NUTRITION ACT 
              OF 1966.

    Section 9(b)(5) of the National School Lunch 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 benefits under such programs 
only for the purpose of determining 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.''.

SEC. 2. CLOC PROGRAMS UNDER THE NATIONAL SCHOOL LUNCH ACT.

    Section 18(b) of the National School Lunch Act (42 U.S.C. 1769(b)) 
is amended--
            (1) in paragraph (1)--
                    (A) in the 1st sentence, by striking ``, and ending 
                September 30, 1994''; and
                    (B) in the 2nd sentence, by striking ``under this 
                subsection'' and inserting ``under this paragraph''; 
                and
            (2) by adding at the end the following new paragraphs:
    ``(3)(A) The Secretary shall, upon the request of a school district 
located in a State in which no commodity letter of credit (hereafter in 
this paragraph referred to as `CLOC') programs exist, establish and 
carry out a CLOC demonstration program for such school district under 
which the Secretary provides commodity letters of credit in lieu of all 
entitlement commodities for the school lunch program of such school 
district.
    ``(B) The Secretary may establish and carry out not more than 1 
CLOC demonstration program for any State.
    ``(C) A CLOC demonstration program established and carried out 
under this paragraph shall begin on the first July 1st which occurs 
after the date of the enactment of this paragraph.
    ``(D) The Secretary shall establish eligibility requirements for 
school districts that desire to participate in a CLOC demonstration 
program under this paragraph.
    ``(4)(A) The Secretary shall establish and carry out a statewide 
commodity letter of credit (hereafter in this paragraph referred to as 
`CLOC') demonstration program in 1 State under which the Secretary 
provides all school districts in such State commodity letters of credit 
in lieu of all entitlement commodities for the school lunch programs of 
such school districts.
    ``(B) The Secretary may establish and carry out the statewide CLOC 
demonstration program under this paragraph only in a State in which, on 
the date of the application by such State to the Secretary to establish 
such program, 80 percent or more of the school districts participating 
in the school lunch program under this Act have elected to participate 
in the statewide CLOC demonstration program.
    ``(C) In carrying out the statewide CLOC demonstration program, the 
Secretary shall provide that--
            ``(i) all commodity letters of credit be issued to all 
        school districts in the State in lieu of entitlement 
        commodities for the school lunch program beginning on the first 
        July 1st which occurs after the date of the enactment of this 
        paragraph;
            ``(ii) child care agencies and nutrition programs for the 
        elderly in the State shall be allowed to participate in the 
        program; and
            ``(iii) the State agencies responsible for commodity 
        distribution to child and elderly nutrition programs shall 
        administer the program.''.

SEC. 3. PROGRAM TO INCREASE OFFERINGS OF FRESH FRUITS AND VEGETABLES 
              UNDER THE NATIONAL SCHOOL LUNCH ACT.

    Section 18 of the National School Lunch Act (42 U.S.C. 1769) is 
amended by adding at the end the following new subsection:
    ``(e)(1) The Secretary shall establish a program beginning on the 
first July 1st which occurs after the date of the enactment of this 
subsection to assist schools in offering greater quantities of fresh 
fruits and vegetables to students in order to improve the overall 
nutritional quality of meals served under the school lunch program 
established under this Act.
    ``(2) The Secretary shall establish procedures under which all 
schools currently participating in the school lunch program established 
under this Act may apply to participate in the program.
    ``(3)(A) Subject to subparagraph (B), the Secretary shall, for each 
fiscal year in which a school participates in the program, provide 
commodity letters of credit to such school in an amount equal to 10 
percent of the total commodity entitlement of such school under section 
6 for each such fiscal year to be used for the purchase of fresh fruits 
and vegetables under the program.
    ``(B) The Secretary shall, for each fiscal year described in 
subparagraph (A), reduce the amount of the total commodity entitlement 
of such school under section 6 by the amount described in such 
subparagraph.
    ``(4) Not later than 2 years after the date of the establishment of 
the program, the Secretary shall report to the appropriate committees 
of the Congress on the impact of the program on participating schools, 
including--
            ``(A) the extent to which children at such schools 
        increased consumption of fresh fruits and vegetables; and
            ``(B) the effectiveness of the program in removing desired 
        commodities from the market place and the timeliness of such 
        removal.''.

A:
Amends the National School Lunch Act to permit eligibility information submitted under such Act or under the Child Nutrition Act of 1966 to be used for similar purposes under other nutrition programs with comparable standards. 
Amends commodity letter of credit (CLOC) demonstration program provisions to:  (1) make permanent the cash-CLOC program; and (2) require the creation of one statewide demonstration program if 80 percent of a State's schools agree to participate. 
Provides for the increased offering of fresh fruits and vegetables under the school lunch program.
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