[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1614 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
October 5, 1994.
Resolved, That the bill from the Senate (S. 1614) entitled ``An
Act to amend the Child Nutrition Act of 1966 and the National School
Lunch Act to promote healthy eating habits for children and to extend
certain authorities contained in such Acts through fiscal year 1998,
and for other purposes'', do pass with the following
AMENDMENT:
Strike out all after the resolving clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Healthy Meals for
Healthy Americans Act of 1994''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
TITLE I--AMENDMENTS TO NATIONAL SCHOOL LUNCH ACT
Sec. 101. Purchase of fresh fruits and vegetables.
Sec. 102. Delivery of commodities.
Sec. 103. Requirement of minimum percentage of commodity assistance.
Sec. 104. Combined Federal and State commodity purchases.
Sec. 105. Technical assistance to ensure compliance with nutritional
requirements.
Sec. 106. Nutritional and other program requirements.
Sec. 107. Nutritional requirements relating to provision of milk.
Sec. 108. Use of free and reduced price meal eligibility information.
Sec. 109. Automatic eligibility of Head Start participants.
Sec. 110. Use of nutrition education and training program resources.
Sec. 111. Special assistance for schools electing to serve all children
free lunches or breakfasts.
Sec. 112. Miscellaneous provisions and definitions.
Sec. 113. Food and nutrition projects.
Sec. 114. Summer food service program for children.
Sec. 115. Commodity distribution program.
Sec. 116. Child and adult care food program.
Sec. 117. Homeless children nutrition program.
Sec. 118. Pilot projects.
Sec. 119. Reduction of paperwork.
Sec. 120. Food service management institute.
Sec. 121. Compliance and accountability.
Sec. 122. Duties of the Secretary of Agriculture relating to
nonprocurement debarment under certain
child nutrition programs.
Sec. 123. Information clearinghouse.
Sec. 124. Guidance and grants for accommodating special dietary needs
of children with disabilities.
Sec. 125. Study of adulteration of juice products sold to school meal
programs.
TITLE II--AMENDMENTS TO CHILD NUTRITION ACT OF 1966
Sec. 201. School breakfast program.
Sec. 202. State administrative expenses.
Sec. 203. Competitive foods of minimal nutritional value.
Sec. 204. Special supplemental nutrition program.
Sec. 205. Nutrition education and training program.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Consolidation of school lunch program and school breakfast
program into comprehensive meal program.
Sec. 302. Study and report relating to use of private food
establishments and caterers under school
lunch program and school breakfast program.
Sec. 303. Amendment to Commodity Distribution Reform Act and WIC
Amendments of 1987.
Sec. 304. Study of the effect of combining federally donated and
federally inspected meat or poultry.
TITLE IV--EFFECTIVE DATE
Sec. 401. Effective date.
SEC. 2. FINDINGS.
Congress finds that--
(1) undernutrition can permanently retard physical growth,
brain development, and cognitive functioning of children;
(2) the longer a child's nutritional, emotional, and
educational needs go unmet, the greater the likelihood of
cognitive impairment;
(3) low-income children who attend school hungry score
significantly lower on standardized tests than non-hungry low-
income children; and
(4) supplemental nutrition programs under the National
School Lunch Act (42 U.S.C. 1751 et seq.) and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) can help to
offset threats posed to a child's capacity to learn and perform
in school that result from inadequate nutrient intake.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) funds should be made available for child nutrition
programs to remove barriers to the participation of needy
children in the school lunch program, school breakfast program,
summer food service program for children, and the child and
adult care food program under the National School Lunch Act (42
U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.);
(2) the Secretary of Agriculture should take actions to
further strengthen the efficiency of child nutrition programs
by streamlining administrative requirements to reduce the
administrative burden on participating schools and other meal
providers; and
(3) as a part of efforts to continue to serve nutritious
meals to youths in the United States and to educate the general
public regarding health and nutrition issues, the Secretary of
Agriculture should take actions to coordinate the nutrition
education efforts of all nutrition programs.
TITLE I--AMENDMENTS TO NATIONAL SCHOOL LUNCH ACT
SEC. 101. PURCHASE OF FRESH FRUITS AND VEGETABLES.
Section 6(a) of the National School Lunch Act (42 U.S.C. 1755(a))
is amended--
(1) in the second sentence, by striking ``Any school'' and
inserting ``Except as provided in the next 2 sentences, any
school''; and
(2) by inserting after the second sentence the following
new sentences: ``Any school food authority may refuse some or
all of the fresh fruits and vegetables offered to the school
food authority in any school year and shall receive, in lieu of
the offered fruits and vegetables, other more desirable fresh
fruits and vegetables that are at least equal in value to the
fresh fruits and vegetables refused by the school food
authority. The value of any fresh fruits and vegetables refused
by a school under the preceding sentence for a school year
shall not be used to determine the 20 percent of the total
value of agricultural commodities and other foods tendered to
the school food authority in the school year under the second
sentence.''.
SEC. 102. DELIVERY OF COMMODITIES.
Subsection (b) of section 6 of the National School Lunch Act (42
U.S.C. 1755(b)) is amended to read as follows:
``(b) The Secretary shall deliver, to each State participating in
the school lunch program under this Act, commodities valued at the
total level of assistance authorized under subsection (c) for each
school year for the school lunch program in the State, not later than
September 30 of the following school year.''.
SEC. 103. REQUIREMENT OF MINIMUM PERCENTAGE OF COMMODITY ASSISTANCE.
Section 6 of the National School Lunch Act (42 U.S.C. 1755) is
amended by adding at the end the following new subsection:
``(g)(1) Subject to paragraph (2), in each school year the
Secretary shall ensure that not less than 12 percent of the assistance
provided under section 4, this section, and section 11 shall be in the
form of commodity assistance provided under this section, including
cash in lieu of commodities and administrative costs for procurement of
commodities under this section.
``(2) If amounts available to carry out the requirements of the
sections described in paragraph (1) are insufficient to meet the
requirement contained in paragraph (1) for a school year, the Secretary
shall, to the extent necessary, use the authority provided under
section 14(a) to meet the requirement for the school year.''.
SEC. 104. COMBINED FEDERAL AND STATE COMMODITY PURCHASES.
Section 7 of the National School Lunch Act (42 U.S.C. 1756) is
amended by adding at the end the following new subsection:
``(d) Notwithstanding any other provision of law, the Secretary may
enter into an agreement with a State agency, acting on the request of a
school food service authority, under which funds payable to the State
under section 4 or 11 may be used by the Secretary for the purpose of
purchasing commodities for use by the school food service authority in
meals served under the school lunch program under this Act.''.
SEC. 105. TECHNICAL ASSISTANCE TO ENSURE COMPLIANCE WITH NUTRITIONAL
REQUIREMENTS.
(a) School Lunch Program.--Section 9(a)(1) of the National School
Lunch Act (42 U.S.C. 1758(a)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary shall provide technical assistance and
training, including technical assistance and training in the
preparation of lower-fat versions of foods commonly used in the school
lunch program under this Act, to schools participating in the school
lunch program to assist the schools in complying with the nutritional
requirements prescribed by the Secretary pursuant to subparagraph (A)
and in providing appropriate meals to children with medically certified
special dietary needs. The Secretary shall provide additional technical
assistance to schools that are having difficulty maintaining compliance
with the requirements.''.
(b) Summer Food Service Program for Children.--Section 13(f) of
such Act (42 U.S.C. 1761(f)) is amended--
(1) by inserting after the first sentence the following new
sentences: ``The Secretary shall provide technical assistance
to service institutions and private nonprofit organizations
participating in the program to assist the institutions and
organizations in complying with the nutritional requirements
prescribed by the Secretary pursuant to this subsection. The
Secretary shall provide additional technical assistance to
those service institutions and private nonprofit organizations
that are having difficulty maintaining compliance with the
requirements.''; and
(2) in the fourth sentence (after the amendment made by
paragraph (1)), by striking ``Such meals'' and inserting
``Meals described in the first sentence''.
(c) Child and Adult Care Food Program.--Section 17(g)(1) of such
Act (42 U.S.C. 1766(g)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary shall provide technical assistance to those
institutions participating in the program under this section to assist
the institutions and family or group day care home sponsoring
organizations in complying with the nutritional requirements prescribed
by the Secretary pursuant to subparagraph (A). The Secretary shall
provide additional technical assistance to those institutions and
family or group day care home sponsoring organizations that are having
difficulty maintaining compliance with the requirements.''.
SEC. 106. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS.
(a) Minimum Nutritional Requirements Based on Weekly Average of
Nutrient Content of School Lunches.--Section 9(a)(1)(A) of the National
School Lunch Act (42 U.S.C. 1758(a)(1)(A)) (as amended by section
105(a)) is further amended--
(1) by striking ``; except that such minimum nutritional
requirements shall not'' and inserting ``, except that the
minimum nutritional requirements--
``(i) shall not'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new clause:
``(ii) shall, at a minimum, be based on the weekly
average of the nutrient content of school lunches.''.
(b) Dietary Guidelines for Americans.--Section 9 of such Act (42
U.S.C. 1758) is amended by adding at the end the following new
subsection:
``(f)(1) Not later than the first day of the 1996-97 school year,
the Secretary, State educational agencies, schools, and school food
service authorities shall, to the maximum extent practicable, inform
students who participate in the school lunch and school breakfast
programs, and parents and guardians of the students, of--
``(A) the nutritional content of the lunches and breakfasts
that are served under the programs; and
``(B) the consistency of the lunches and breakfasts with
the guidelines contained in the most recent `Dietary Guidelines
for Americans' that is published under section 301 of the
National Nutrition Monitoring and Related Research Act of 1990
(7 U.S.C. 5341) (referred to in this subsection as the
`Guidelines'), including the consistency of the lunches and
breakfasts with the guideline for fat content.
``(2)(A) Except as provided in subparagraph (B), not later than the
first day of the 1996-97 school year, schools that are participating in
the school lunch or school breakfast program shall serve lunches and
breakfasts under the programs that are consistent with the Guidelines
(as measured in accordance with subsection (a)(1)(A)(ii) and section
4(e)(i)).
``(B) State educational agencies may grant waivers from the
requirements of subparagraph (A) subject to criteria established by the
appropriate State educational agency. The waivers shall not permit
schools to implement the requirements later than July 1, 1998, or a
later date determined by the Secretary.
``(C) To assist schools in meeting the requirements of this
paragraph, the Secretary--
``(i) shall--
``(I) develop, and provide to schools, standardized
recipes, menu cycles, and food product specification
and preparation techniques; and
``(II) provide to schools information regarding
nutrient standard menu planning, assisted nutrient
standard menu planning, and food-based menu systems;
and
``(ii) may provide to schools information regarding other
approaches, as determined by the Secretary.
``(D) Schools may use any of the approaches described in
subparagraph (C) to meet the requirements of this paragraph. In the
case of schools that elect to use food-based menu systems to meet the
requirements of this paragraph, the Secretary may not require the
schools to conduct or use nutrient analysis.''.
(c) Production Records.--Section 9 of such Act (42 U.S.C. 1758) (as
amended by subsection (b)) is further amended by adding at the end the
following new subsection:
``(g) Not later than 1 year after the date of enactment of this
subsection, the Secretary shall provide a notification to Congress that
justifies the need for production records required under section
210.10(b) of title 7, Code of Federal Regulations, and describes how
the Secretary has reduced paperwork relating to the school lunch and
school breakfast programs.''.
SEC. 107. NUTRITIONAL REQUIREMENTS RELATING TO PROVISION OF MILK.
Section 9(a)(2) of the National School Lunch Act (42 U.S.C.
1758(a)(2)) is amended to read as follows:
``(2)(A) Lunches served by schools participating in the school
lunch program under this Act--
``(i) shall offer students fluid milk; and
``(ii) shall offer students a variety of fluid milk
consistent with prior year preferences unless the prior year
preference for any such variety of fluid milk is less than 1
percent of the total milk consumed at the school.
``(B)(i) The Secretary shall purchase in each calendar year to
carry out the school lunch program under this Act, and the school
breakfast program under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773), lowfat cheese on a bid basis in a quantity that is
the milkfat equivalent of the quantity of milkfat the Secretary
estimates the Commodity Credit Corporation will purchase each calendar
year as a result of the elimination of the requirement that schools
offer students fluid whole milk and fluid unflavored lowfat milk, based
on data provided by the Director of Office of Management and Budget.
``(ii) Not later than 30 days after the Secretary provides an
estimate required under clause (i), the Director of the Congressional
Budget Office shall provide to the appropriate committees of Congress a
report on whether the Director concurs with the estimate of the
Secretary.
``(iii) The quantity of lowfat cheese that is purchased under this
subparagraph shall be in addition to the quantity of cheese that is
historically purchased by the Secretary to carry out school feeding
programs. The Secretary shall take such actions as are necessary to
ensure that purchases under this subparagraph shall not displace
commercial purchases of cheese by schools.''.
SEC. 108. USE OF FREE AND REDUCED PRICE MEAL ELIGIBILITY INFORMATION.
Section 9(b)(2)(C) of the National School Lunch Act (42 U.S.C.
1758(b)(2)(C)) is amended by striking clause (iii) and inserting the
following new clauses:
``(iii) The use or disclosure of any information obtained from an
application for free or reduced price meals, or from a State or local
agency referred to in clause (ii), shall be limited to--
``(I) a person directly connected with the administration
or enforcement of this Act or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), or a regulation issued pursuant to
either Act;
``(II) a person directly connected with the administration
or enforcement of--
``(aa) a Federal education program;
``(bb) a State health or education program
administered by the State or local educational agency
(other than a program carried out under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.)); or
``(cc) a Federal, State, or local means-tested
nutrition program with eligibility standards comparable
to the program under this section; and
``(III)(aa) the Comptroller General of the United States
for audit and examination authorized by any other provision of
law; and
``(bb) notwithstanding any other provision of law, a
Federal, State, or local law enforcement official for the
purpose of investigating an alleged violation of any program
covered by paragraph (1) or this paragraph.
``(iv) Information provided under clause (iii)(II) shall be limited
to the income eligibility status of the child for whom application for
free or reduced price meal benefits was made or for whom eligibility
information was provided under clause (ii), unless the consent of the
parent or guardian of the child for whom application for benefits was
made is obtained.
``(v) A person described in clause (iii) who publishes, divulges,
discloses, or makes known in any manner, or to any extent not
authorized by Federal law (including a regulation), any information
obtained under this subsection shall be fined not more than $1,000 or
imprisoned not more than 1 year, or both.''.
SEC. 109. AUTOMATIC ELIGIBILITY OF HEAD START PARTICIPANTS.
(a) In General.--Section 9(b)(6) of the National School Lunch Act
(42 U.S.C. 1758(b)(6)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``a member of'';
(B) in clause (i)--
(i) by inserting ``a member of'' after
``(i)''; and
(ii) by striking ``or'' at the end;
(C) in clause (ii)--
(i) by inserting ``a member of'' after
``(ii)''; and
(ii) by striking the period at the end and
inserting ``; or''; and
(D) by adding at the end the following new clause:
``(iii) enrolled as a participant in a Head Start program
authorized under the Head Start Act (42 U.S.C. 9831 et seq.),
on the basis of a determination that the child is a member of a
family that meets the low-income criteria prescribed under
section 645(a)(1)(A) of the Head Start Act (42 U.S.C.
9840(a)(1)(A)).''; and
(2) in subparagraph (B), by striking ``food stamps or aid
to families with dependent children'' and inserting ``food
stamps or aid to families with dependent children, or of
enrollment or participation in a Head Start program on the
basis described in subparagraph (A)(iii),''.
(b) Child and Adult Care Food Program.--Section 17(c) of such Act
(42 U.S.C. 1766(c)) is amended by adding at the end the following new
paragraph:
``(5) A child shall be considered automatically eligible for
benefits under this section without further application or eligibility
determination, if the child is enrolled as a participant in a Head
Start program authorized under the Head Start Act (42 U.S.C. 9831 et
seq.), on the basis of a determination that the child is a member of a
family that meets the low-income criteria prescribed under section
645(a)(1)(A) of the Head Start Act (42 U.S.C. 9840(a)(1)(A)).''.
(c) Effective Date.--The amendments made by this section shall
become effective on September 25, 1995.
SEC. 110. USE OF NUTRITION EDUCATION AND TRAINING PROGRAM RESOURCES.
Section 9 of the National School Lunch Act (42 U.S.C. 1758) (as
amended by section 106(c)) is further amended by adding at the end the
following new subsection:
``(h) In carrying out this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), a State educational agency may use resources
provided through the nutrition education and training program
authorized under section 19 of the Child Nutrition Act of 1966 (42
U.S.C. 1788) for training aimed at improving the quality and acceptance
of school meals.''.
SEC. 111. SPECIAL ASSISTANCE FOR SCHOOLS ELECTING TO SERVE ALL CHILDREN
FREE LUNCHES OR BREAKFASTS.
Section 11(a)(1) of the National School Lunch Act (42 U.S.C.
1759a(a)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) in the second sentence, by striking ``In the case of''
and inserting the following:
``(B) Except as provided in subparagraph (C), (D), or (E), in the
case of''; and
(3) by striking the third and fourth sentences and
inserting the following new subparagraphs:
``(C)(i) Except as provided in subparagraph (D), in the case of any
school that--
``(I) elects to serve all children in the school free
lunches under the school lunch program during any period of 3
successive school years, or in the case of a school that serves
both lunches and breakfasts, elects to serve all children in
the school free lunches and free breakfasts under the school
lunch program and the school breakfast program established
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773) during any period of 3 successive school years; and
``(II) pays, from sources other than Federal funds, for the
costs of serving the lunches or breakfasts that are in excess
of the value of assistance received under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with
respect to the number of lunches or breakfasts served during
the period;
special assistance payments shall be paid to the State educational
agency with respect to the school during the period on the basis of the
number of lunches or breakfasts determined under clause (ii) or (iii).
``(ii) For purposes of making special assistance payments under
clause (i), except as provided in clause (iii), the number of lunches
or breakfasts served by a school to children who are eligible for free
lunches or breakfasts or reduced price lunches or breakfasts during
each school year of the 3-school-year period shall be considered to be
equal to the number of lunches or breakfasts served by the school to
children eligible for free lunches or breakfasts or reduced price
lunches or breakfasts during the first school year of the period.
``(iii) For purposes of computing the amount of the payments, a
school may elect to determine on a more frequent basis the number of
children who are eligible for free or reduced price lunches or
breakfasts who are served lunches or breakfasts during the 3-school-
year period.
``(D)(i) In the case of any school that, on the date of enactment
of this subparagraph, is receiving special assistance payments under
this paragraph for a 3-school-year period described in subparagraph
(C), the State may grant, at the end of the 3-school-year period, an
extension of the period for an additional 2 school years, if the State
determines, through available socioeconomic data approved by the
Secretary, that the income level of the population of the school has
remained stable.
``(ii) A school described in clause (i) may reapply to the State at
the end of the 2-school-year period described in clause (i) for the
purpose of continuing to receive special assistance payments, as
determined in accordance with this paragraph, for a subsequent 5-
school-year period. The school may reapply to the State at the end of
the 5-school-year period, and at the end of each 5-school-year period
thereafter for which the school receives special assistance payments
under this paragraph, for the purpose of continuing to receive the
payments for a subsequent 5-school-year period.
``(iii) If the Secretary determines after considering the best
available socioeconomic data that the income level of families of
children enrolled in a school has not remained stable, the Secretary
may require the submission of applications for free and reduced price
lunches, or for free and reduced price lunches and breakfasts, in the
first school year of any 5-school-year period for which the school
receives special assistance payments under this paragraph, for the
purpose of calculating the special assistance payments.
``(iv) For the purpose of updating information and reimbursement
levels, a school described in clause (i) that carries out a school
lunch or school breakfast program may at any time require submission of
applications for free and reduced price lunches or for free and reduced
price lunches and breakfasts.
``(E)(i) In the case of any school that--
``(I) elects to serve all children in the school free
lunches under the school lunch program during any period of 4
successive school years, or in the case of a school that serves
both lunches and breakfasts, elects to serve all children in
the school free lunches and free breakfasts under the school
lunch program and the school breakfast program during any
period of 4 successive school years; and
``(II) pays, from sources other than Federal funds, for the
costs of serving the lunches or breakfasts that are in excess
of the value of assistance received under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with
respect to the number of lunches or breakfasts served during
the period;
total Federal cash reimbursements and total commodity assistance shall
be provided to the State educational agency with respect to the school
at a level that is equal to the total Federal cash reimbursements and
total commodity assistance received by the school in the last school
year for which the school accepted applications under the school lunch
or school breakfast program, adjusted annually for inflation in
accordance with paragraph (3)(B) and for changes in enrollment, to
carry out the school lunch or school breakfast program.
``(ii) A school described in clause (i) may reapply to the State at
the end of the 4-school-year period described in clause (i), and at the
end of each 4-school-year period thereafter for which the school
receives reimbursements and assistance under this subparagraph, for the
purpose of continuing to receive the reimbursements and assistance for
a subsequent 4-school-year period. The State may approve an application
under this clause if the State determines, through available
socioeconomic data approved by the Secretary, that the income level of
the population of the school has remained consistent with the income
level of the population of the school in the last school year for which
the school accepted the applications described in clause (i).
``(iii) Not later than 1 year after the date of enactment of this
subparagraph, the Secretary shall evaluate the effects of this
subparagraph and notify the Committee on Education and Labor of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate of the results of the evaluation.''.
SEC. 112. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
(a) Technical Amendment to Definition of School.--
(1) In general.--Section 12(d)(5) of the National School
Lunch Act (42 U.S.C. 1760(d)(5)) is amended--
(A) in the first sentence--
(i) in clause (A), by inserting ``and'' at
the end;
(ii) in clause (B), by striking ``, and''
and inserting a period; and
(iii) by striking clause (C); and
(B) in the second sentence, by striking ``of
clauses (A) and (B)''.
(2) Effective date.--The amendments made by paragraph (1)
shall become effective on October 1, 1995.
(b) Reimbursement for Meals, Supplements, and Milk Under Certain
Programs Contingent on Timely Submission of Claims and Final Program
Operations Report.--Section 12 of such Act (42 U.S.C. 1760) is amended
by adding at the end the following new subsection:
``(j)(1) Except as provided in paragraph (2), the Secretary may
provide reimbursements for final claims for service of meals,
supplements, and milk submitted to State agencies by eligible schools,
summer camps, family day care homes, institutions, and service
institutions only if--
``(A) the claims have been submitted to the State agencies
not later than 60 days after the last day of the month for
which the reimbursement is claimed; and
``(B) the final program operations report for the month is
submitted to the Secretary not later than 90 days after the
last day of the month.
``(2) The Secretary may waive the requirements of paragraph (1) at
the discretion of the Secretary.''.
(c) Expedited Rulemaking.--Section 12 of such Act (42 U.S.C. 1760)
(as amended by subsection (b)) is further amended by adding at the end
the following new subsection:
``(k)(1) Prior to the publication of final regulations that
implement changes that are intended to bring the meal pattern
requirements of the school lunch and breakfast programs into
conformance with the guidelines contained in the most recent `Dietary
Guidelines for Americans' that is published under section 301 of the
National Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341) (referred to in this subsection as the `Guidelines'), the
Secretary shall issue proposed regulations permitting the use of food-
based menu systems.
``(2) Notwithstanding chapter 5 of title 5, United States Code, not
later than 45 days after the publication of the proposed regulations
permitting the use of food-based menu systems, the Secretary shall
publish notice in the Federal Register of, and hold, a public meeting
with--
``(A) representatives of affected parties, such as Federal,
State, and local administrators, school food service
administrators, other school food service personnel, parents,
and teachers; and
``(B) organizations representing affected parties, such as
public interest antihunger organizations, doctors specializing
in pediatric nutrition, health and consumer groups, commodity
groups, food manufacturers and vendors, and nutritionists
involved with the implementation and operation of programs
under this Act and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.);
to discuss and obtain public comments on the proposed rule.
``(3) Not later than June 1, 1995, the Secretary shall issue final
regulations to conform the nutritional requirements of the school lunch
and breakfast programs with the Guidelines. The final regulations shall
include--
``(A) rules permitting the use of food-based menu systems;
and
``(B) adjustments to the rule on nutrition objectives for
school meals published in the Federal Register on June 10, 1994
(59 Fed. Reg. 30218).
``(4) No school food service authority shall be required to
implement final regulations issued pursuant to this subsection until
the regulations have been final for at least 1 year.
``(5) The final regulations shall reflect comments made at each
phase of the proposed rulemaking process, including the public meeting
required under paragraph (2).''.
(d) Authority of Secretary to Waive Statutory and Regulatory
Requirements.--Section 12 of the National School Lunch Act (42 U.S.C.
1760) (as amended by subsection (c)) is further amended by adding at
the end the following new subsection:
``(l)(1)(A) Except as provided in paragraph (4), the Secretary may
waive any requirement under this Act or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), or any regulation issued under either such
Act, for a State or eligible service provider that requests a waiver
if--
``(i) the Secretary determines that the waiver of the
requirement would facilitate the ability of the State or
eligible service provider to carry out the purpose of the
program;
``(ii) the State or eligible service provider has provided
notice and information to the public regarding the proposed
waiver; and
``(iii) the State or eligible service provider demonstrates
to the satisfaction of the Secretary that the waiver will not
increase the overall cost of the program to the Federal
Government, and, if the waiver does increase the overall cost
to the Federal Government, the cost will be paid from non-
Federal funds.
``(B) The notice and information referred to in subparagraph
(A)(ii) shall be provided in the same manner in which the State or
eligible service provider customarily provides similar notices and
information to the public.
``(2)(A) To request a waiver under paragraph (1), a State or
eligible service provider (through the appropriate administering State
agency) shall submit an application to the Secretary that--
``(i) identifies the statutory or regulatory requirements
that are requested to be waived;
``(ii) in the case of a State requesting a waiver,
describes actions, if any, that the State has undertaken to
remove State statutory or regulatory barriers;
``(iii) describes the goal of the waiver to improve
services under the program and the expected outcomes if the
waiver is granted;
``(iv) includes a description of the impediments to the
efficient operation and administration of the program;
``(v) describes the management goals to be achieved, such
as fewer hours devoted to, or fewer number of personnel
involved in, the administration of the program;
``(vi) provides a timetable for implementing the waiver;
and
``(vii) describes the process the State or eligible service
provider will use to monitor the progress in implementing the
waiver, including the process for monitoring the cost
implications of the waiver to the Federal Government.
``(B) An application described in subparagraph (A) shall be
developed by the State or eligible service provider and shall be
submitted to the Secretary by the State.
``(3)(A) The Secretary shall act promptly on a waiver request
contained in an application submitted under paragraph (2) and shall
either grant or deny the request. The Secretary shall state in writing
the reasons for granting or denying the request.
``(B) If the Secretary grants a waiver request, the Secretary shall
state in writing the expected outcome of granting the waiver.
``(C) The result of the decision of the Secretary shall be
disseminated by the State or eligible service provider through normal
means of communication.
``(D)(i) Except as provided in clause (ii), a waiver granted by the
Secretary under this subsection shall be for a period not to exceed 3
years.
``(ii) The Secretary may extend the period if the Secretary
determines that the waiver has been effective in enabling the State or
eligible service provider to carry out the purposes of the program.
``(4) The Secretary may not grant a waiver under this subsection of
any requirement relating to--
``(A) the nutritional content of meals served;
``(B) Federal reimbursement rates;
``(C) the provision of free and reduced price meals;
``(D) offer versus serve provisions;
``(E) limits on the price charged for a reduced price meal;
``(F) maintenance of effort;
``(G) equitable participation of children in private
schools;
``(H) distribution of funds to State and local school food
service authorities and service institutions participating in a
program under this Act and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.);
``(I) the disclosure of information relating to students
receiving free or reduced price meals and other recipients of
benefits;
``(J) prohibiting the operation of a profit producing
program;
``(K) the sale of competitive foods;
``(L) the commodity distribution program under section 14;
``(M) the special supplemental nutrition program authorized
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786); and
``(N) enforcement of any constitutional or statutory right
of an individual, including any right under--
``(i) title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.);
``(ii) section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794);
``(iii) title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.);
``(iv) the Age Discrimination Act of 1975 (42
U.S.C. 6101 et seq.);
``(v) the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.); and
``(vi) the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.).
``(5) The Secretary shall periodically review the performance of
any State or eligible service provider for which the Secretary has
granted a waiver under this subsection and shall terminate the waiver
if the performance of the State or service provider has been inadequate
to justify a continuation of the waiver. The Secretary shall terminate
the waiver if, after periodic review, the Secretary determines that the
waiver has resulted in an increase in the overall cost of the program
to the Federal Government and the increase has not been paid for in
accordance with paragraph (1)(A)(iii).
``(6)(A)(i) An eligible service provider that receives a waiver
under this subsection shall annually submit to the State a report
that--
``(I) describes the use of the waiver by the eligible
service provider; and
``(II) evaluates how the waiver contributed to improved
services to children served by the program for which the waiver
was requested.
``(ii) The State shall annually submit to the Secretary a report
that summarizes all reports received by the State from eligible service
providers.
``(B) The Secretary shall annually submit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate, a report--
``(i) summarizing the use of waivers by the State and
eligible service providers;
``(ii) describing whether the waivers resulted in improved
services to children;
``(iii) describing the impact of the waivers on providing
nutritional meals to participants; and
``(iv) describing how the waivers reduced the quantity of
paperwork necessary to administer the program.
``(7) As used in this subsection, the term `eligible service
provider' means--
``(A) a local school food service authority;
``(B) a service institution or private nonprofit
organization described in section 13; or
``(C) a family or group day care home sponsoring
organization described in section 17.''.
SEC. 113. FOOD AND NUTRITION PROJECTS.
Section 12 of the National School Lunch Act (42 U.S.C. 1760) (as
amended by section 112(d)) is further amended by adding at the end the
following new subsection:
``(m)(1) The Secretary, acting through the Administrator of the
Food and Nutrition Service or through the Extension Service, shall
award on an annual basis grants to a private nonprofit organization or
educational institution in each of 3 States to create, operate, and
demonstrate food and nutrition projects that are fully integrated with
elementary school curricula.
``(2) Each organization or institution referred to in paragraph (1)
shall be selected by the Secretary and shall--
``(A) assist local schools and educators in offering food
and nutrition education that integrates math, science, and
verbal skills in the elementary grades;
``(B) assist local schools and educators in teaching
agricultural practices through practical applications, like
gardening;
``(C) create community service learning opportunities or
educational programs;
``(D) be experienced in assisting in the creation of
curriculum-based models in elementary schools;
``(E) be sponsored by an organization or institution, or be
an organization or institution, that provides information, or
conducts other educational efforts, concerning the success and
productivity of American agriculture and the importance of the
free enterprise system to the quality of life in the United
States; and
``(F) be able to provide model curricula, examples, advice,
and guidance to schools, community groups, States, and local
organizations regarding means of carrying out similar projects.
``(3) Subject to the availability of appropriations to carry out
this subsection, the Secretary shall make grants to each of the 3
private organizations or institutions selected under this subsection in
amounts of not less than $100,000, nor more than $200,000, for each of
fiscal years 1995 through 1998.
``(4) The Secretary shall establish fair and reasonable auditing
procedures regarding the expenditure of funds under this subsection.
``(5) There are authorized to be appropriated to carry out this
subsection such sums as are necessary for each of fiscal years 1995
through 1998.''.
SEC. 114. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) Priority Requirements for Determining Participation of Certain
Eligible Service Institutions.--Section 13(a)(4) of the National School
Lunch Act (42 U.S.C. 1761(a)(4)) is amended by striking subparagraphs
(A) through (F) and inserting the following new subparagraphs:
``(A) Local schools.
``(B) All other service institutions and private nonprofit
organizations eligible under paragraph (7) that have
demonstrated successful program performance in a prior year.
``(C) New public institutions.
``(D) New private nonprofit organizations eligible under
paragraph (7).''.
(b) Elimination of 1-Year Waiting Period With Respect to
Participation of Private Nonprofit Organizations in Certain Areas Under
the Program.--Section 13(a)(7) of such Act (42 U.S.C. 1761(a)(7)) is
amended by striking subparagraph (C).
(c) Non-School Sites.--Section 13(c)(1) of such Act (42 U.S.C.
1761(c)(1)) is amended by inserting before the period at the end the
following: ``or that provide meal service at non-school sites to
children who are not in school for a period during the months of
October through April due to a natural disaster, building repair, court
order, or similar cause''.
(d) Registered Food Service Management Company Reports.--Section
13(l)(3) of such Act (42 U.S.C. 1761(l)(3)) is amended by striking
``and their program record'' and inserting ``that have been seriously
deficient in their participation in the program and may maintain a
record of other registered food service management companies,''.
(e) Management and Administration Plan.--Section 13(n) of such Act
(42 U.S.C. 1761(n)) is amended--
(1) by striking paragraphs (5), (6), (8), and (10); and
(2) by redesignating paragraphs (7), (9), and (11) as
paragraphs (5), (6), and (7), respectively;
(3) by inserting ``and'' after the semicolon at the end of
paragraph (6) (as so redesignated); and
(4) by striking ``; and (12)'' and all that follows through
``reimbursement''.
(f) Elimination of Warning in Private Nonprofit Organization
Application Relating to Criminal Provisions and Related Matters.--
Section 13(q) of such Act (42 U.S.C. 1761(q)) is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively; and
(3) in paragraph (3) (as so redesignated), by striking
``paragraphs (1) and (3)'' and inserting ``paragraphs (1) and
(2)''.
(g) Extension of Program.--Section 13(r) of such Act (42 U.S.C.
1761(r)) is amended by striking ``1994'' and inserting ``1998''.
(h) All-Day Activities.--The Secretary of Agriculture shall--
(1) not later than 180 days after the date of enactment of
this Act, in consultation with the heads of other Federal
agencies, identify sources of Federal funds that may be
available from other Federal agencies for service institutions
under the summer food service program for children established
under section 13 of the National School Lunch Act (42 U.S.C.
1761) to carry out all-day educational and recreational
activities for children at feeding sites under the program; and
(2) notify through State agencies, as determined
appropriate by the Secretary, the service institutions of the
sources.
SEC. 115. COMMODITY DISTRIBUTION PROGRAM.
Section 14 of the National School Lunch Act (42 U.S.C. 1762a) is
amended--
(1) in subsection (a), by striking ``1994'' and inserting
``1998''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new
paragraphs:
``(2) The Secretary shall maintain and continue to improve the
overall nutritional quality of entitlement commodities provided to
schools to assist the schools in improving the nutritional content of
meals.
``(3) The Secretary shall--
``(A) require that nutritional content information labels
be placed on packages or shipments of entitlement commodities
provided to the schools; or
``(B) otherwise provide nutritional content information
regarding the commodities provided to the schools.''.
SEC. 116. CHILD AND ADULT CARE FOOD PROGRAM.
(a) Automatic Eligibility of Certain Even Start Participants.--
Section 17(c) of the National School Lunch Act (42 U.S.C. 1766(c)) (as
amended by section 109(b)) is further amended by adding at the end the
following new paragraph:
``(6)(A) A child who has not yet entered kindergarten shall be
considered automatically eligible for benefits under this section
without further application or eligibility determination if the child
is enrolled as a participant in the Even Start program under part B of
chapter 1 of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 2741 et seq.).
``(B) Subparagraph (A) shall apply only with respect to the
provision of benefits under this section for the period beginning
September 1, 1995, and ending September 30, 1997.''.
(b) Reapplication for Assistance at 3-Year Intervals.--Section
17(d)(2)(A) of such Act (42 U.S.C. 1766(d)(2)(A)) is amended by
striking ``2-year intervals'' and inserting ``3-year intervals''.
(c) Use of Administrative Funds to Conduct Outreach and Recruitment
to Unlicensed Day Care Homes.--Section 17(f)(3)(C) of such Act (42
U.S.C. 1766(f)(3)(C)) is amended--
(1) by inserting ``(i)'' after ``(C)''; and
(2) by adding at the end the following new clause:
``(ii) Funds for administrative expenses may be used by family or
group day care home sponsoring organizations to conduct outreach and
recruitment to unlicensed family or group day care homes so that the
day care homes may become licensed.''.
(d) Information and Training Concerning Child Health and
Development.--Section 17(k) of such Act (42 U.S.C. 1766(k)) is amended
by adding at the end the following new paragraph:
``(4) The Secretary shall instruct States to provide, through
sponsoring organizations, information and training concerning child
health and development to family or group day care homes participating
in the program.''.
(e) Extension of Statewide Demonstration Projects.--Section 17(p)
of such Act (42 U.S.C. 1766(p)) is amended--
(1) in paragraph (1)(A), by striking ``25 percent of the
children served by such organization'' and inserting ``25
percent of the children enrolled in the organization or 25
percent of the licensed capacity of the organization for
children, whichever is less,'';
(2) in paragraph (4)(B), by striking ``1992'' and inserting
``1998''; and
(3) in paragraph (5), by striking ``1994'' and inserting
``1998''.
(f) WIC Information.--Section 17 of such Act (42 U.S.C. 1766) is
amended by adding at the end the following new subsection:
``(q)(1) The Secretary shall provide State agencies with basic
information concerning the importance and benefits of the special
supplemental nutrition program for women, infants, and children
authorized under section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786).
``(2) The State agency shall--
``(A) provide each child care institution participating in
the program established under this section, other than
institutions providing day care outside school hours for
schoolchildren, with materials that include--
``(i) a basic explanation of the benefits and
importance of the special supplemental nutrition
program for women, infants, and children;
``(ii) the maximum income limits, according to
family size, applicable to children up to age 5 in the
State under the special supplemental nutrition program
for women, infants, and children; and
``(iii) a listing of the addresses and phone
numbers of offices at which parents may apply;
``(B) annually provide the institutions with an update of
the information on income limits described in subparagraph
(A)(ii); and
``(C) ensure that, at least once a year, the institutions
to which subparagraph (A) applies provide written information
to parents that includes--
``(i) basic information on the benefits provided
under the special supplemental nutrition program for
women, infants, and children;
``(ii) information on the maximum income limits,
according to family size, applicable to the program;
and
``(iii) information on where parents may apply to
participate in the program.''.
SEC. 117. HOMELESS CHILDREN NUTRITION PROGRAM.
(a) Homeless Children Nutrition Program.--
(1) In general.--The National School Lunch Act is amended
by inserting after section 17A (42 U.S.C. 1766a) the following
new section:
``SEC. 17B. HOMELESS CHILDREN NUTRITION PROGRAM.
``(a) In General.--The Secretary shall conduct projects designed to
provide food service throughout the year to homeless children under the
age of 6 in emergency shelters.
``(b) Agreements To Participate in Projects.--
``(1) In general.--The Secretary shall enter into
agreements with State, city, local, or county governments,
other public entities, or private nonprofit organizations to
participate in the projects conducted under this section.
``(2) Eligibility requirements.--The Secretary shall
establish eligibility requirements for the entities described
in paragraph (1) that desire to participate in the projects
conducted under this section. The requirements shall include
the following:
``(A) Each private nonprofit organization shall
operate not more than 5 food service sites under the
project and shall serve not more than 300 homeless
children at each such site.
``(B) Each site operated by each such organization
shall meet applicable State and local health, safety,
and sanitation standards.
``(c) Project Requirements.--
``(1) In general.--A project conducted under this section
shall--
``(A) use the same meal patterns and receive
reimbursement payments for meals and supplements at the
same rates provided to child care centers participating
in the child care food program under section 17 for
free meals and supplements; and
``(B) receive reimbursement payments for meals and
supplements served on Saturdays, Sundays, and holidays,
at the request of the sponsor of any such project.
``(2) Modification.--The Secretary may modify the meal
pattern requirements to take into account the needs of infants.
``(3) Homeless children eligible for free meals without
application.--Homeless children under the age of 6 in emergency
shelters shall be considered eligible for free meals without
application.
``(d) Funding Priorities.--From the amount described in subsection
(g), the Secretary shall provide funding for projects carried out under
this section for a particular fiscal year (referred to in this
subsection as the `current fiscal year') in the following order of
priority, to the maximum extent practicable:
``(1) The Secretary shall first provide the funding to
entities and organizations, each of which--
``(A) received funding under this section or
section 18(c) (as in effect on the day before the date
of enactment of this section) to carry out a project
for the preceding fiscal year; and
``(B) is eligible to receive funding under this
section to carry out the project for the current fiscal
year;
to enable the entity or organization to carry out the project
under this section for the current fiscal year at the level of
service provided by the project during the preceding fiscal
year.
``(2) From the portion of the amount that remains after the
application of paragraph (1), the Secretary shall provide funds
to entities and organizations, each of which is eligible to
receive funding under this section, to enable the entity or
organization to carry out a new project under this section for
the current fiscal year, or to expand the level of service
provided by a project for the current fiscal year over the
level provided by the project during the preceding fiscal year.
``(e) Notice.--The Secretary shall advise each State of the
availability of the projects conducted under this subsection for
States, cities, counties, local governments, and other public entities,
and shall advise each State of the procedures for applying to
participate in the project.
``(f) Plan To Allow Participation in the Child and Adult Care Food
Program.--Not later than September 30, 1996, the Secretary shall submit
to the Committee on Education and Labor of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a plan describing--
``(1) how emergency shelters and homeless children who have
not attained the age of 6 and who are served by the shelters
under the program might participate in the child and adult care
food program authorized under section 17 by September 30, 1998;
and
``(2) the advantages and disadvantages of the action
described in paragraph (1).
``(g) Funding.--
``(1) In general.--In addition to any amounts made
available under section 7(a)(5)(B)(i)(I) of the Child Nutrition
Act of 1966 (42 U.S.C. 1776(a)(5)(B)(i)(I)) and any amounts
that are otherwise made available for fiscal year 1995, out of
any moneys in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall provide to the Secretary to
carry out this section $1,800,000 for fiscal year 1995,
$2,600,000 for fiscal year 1996, $3,100,000 for fiscal year
1997, $3,400,000 for fiscal year 1998, and $3,700,000 for
fiscal year 1999 and each succeeding fiscal year. The Secretary
shall be entitled to receive the funds and shall accept the
funds.
``(2) Insufficient number of applicants.--The Secretary may
expend less than the amount described in paragraph (1) for a
fiscal year if there is an insufficient number of suitable
applicants to carry out projects under this section for the
fiscal year. Any funds made available under this subsection to
carry out the projects for a fiscal year that are not obligated
to carry out the projects in the fiscal year shall remain
available until expended for purposes of carrying out the
projects.
``(h) Definition of emergency shelter.--As used in this section,
the term `emergency shelter' has the meaning provided the term in
section 321(2) of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11351(2)).''.
(2) Conforming amendments.--
(A) National school lunch act.--Section 18 of the
National School Lunch Act (42 U.S.C. 1769) is amended
by striking subsection (c).
(B) Child nutrition act of 1966.--Section
7(a)(5)(B)(i)(I) of the Child Nutrition Act of 1966 (42
U.S.C. 1776(a)(5)(B)(i)(I)) is amended--
(i) by striking ``projects under section
18(c) of the National School Lunch Act (42
U.S.C. 1769(c))'' and inserting ``projects
under section 17B of the National School Lunch
Act''; and
(ii) by striking ``each of fiscal years
1993 and 1994'' each place it appears and
inserting ``fiscal year 1995 and each
subsequent fiscal year''.
(b) Demonstration Program for the Prevention of Boarder Babies.--
Section 18 of the National School Lunch Act (42 U.S.C. 1769(c)) (as
amended by subsection (a)(2)(A)) is further amended by inserting after
subsection (b) the following new subsection:
``(c)(1) Using the funds provided under paragraph (7), the
Secretary shall conduct at least 1 demonstration project through a
participating entity during each of fiscal years 1995 through 1998 that
is designed to provide food and nutrition services throughout the year
to--
``(A) homeless pregnant women; and
``(B) homeless mothers or guardians of infants, and the
children of the mothers and guardians.
``(2) To be eligible to obtain funds under this subsection, a
homeless shelter, a transitional housing organization, or another
entity that provides or will provide temporary housing for individuals
described in paragraph (1) shall (in accordance with guidelines
established by the Secretary)--
``(A) submit to the Secretary a proposal to provide food
and nutrition services, including a plan for coordinating the
services with services provided under the special supplemental
nutrition program for women, infants, and children authorized
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786);
``(B) receive the approval of the Secretary for the
proposal;
``(C) be located in an urban area that has--
``(i) a significant population of boarder babies;
``(ii) a very high rate of mortality for children
under 1 year of age; or
``(iii) a significant population of homeless
pregnant women and homeless women with infants;
as determined by the Secretary; and
``(D) be able to coordinate services provided under this
subsection with the services provided by the local government
and with other programs that may assist the participants
receiving services under this subsection.
``(3) Food and nutrition services funded under this subsection--
``(A) may include--
``(i) meals, supplements, and other food;
``(ii) nutrition education;
``(iii) nutrition assessments;
``(iv) referrals to--
``(I) the special supplemental nutrition
program for women, infants, and children
authorized under section 17 of such Act (42
U.S.C. 1786);
``(II) the medical assistance program
established under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.);
``(III) the food stamp program established
under section 4 of the Food Stamp Act of 1977
(7 U.S.C. 2013); and
``(IV) other public or private programs and
services;
``(v) activities related to the services described
in any of clauses (i) through (iv); and
``(vi) administrative activities related to the
services described in any of clauses (i) through (v);
and
``(B) may not include the construction, purchase, or rental
of real property.
``(4)(A) A participating entity shall--
``(i) use the same meal patterns, and receive reimbursement
payments for meals and supplements at the same rates, as apply
to child care centers participating in the child care food
program under section 17 for free meals and supplements;
``(ii) receive reimbursement payments for meals and
supplements served on Saturdays, Sundays, and holidays, at the
request of the entity; and
``(iii) maintain a policy of not providing services or
assistance to pregnant women, or homeless women with infants,
who use a controlled substance (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)).
``(B) The Secretary may modify the meal pattern requirements to
take into account the needs of infants, homeless pregnant women,
homeless mothers, guardians of infants, or the children of the women,
mothers, or guardians.
``(C) The Secretary shall provide funding to a participating entity
for services described in paragraph (3) that are provided to
individuals described in paragraph (1).
``(5) The Secretary shall impose such auditing and recordkeeping
requirements as are necessary to monitor the use of Federal funds to
carry out this subsection.
``(6) The Secretary shall notify the Committee on Education and
Labor, and the Committee on Agriculture, of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate on projects carried out under this subsection.
``(7)(A) Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall provide to the
Secretary $400,000 for each of fiscal years 1995 through 1998 to carry
out this subsection. The Secretary shall be entitled to receive the
funds and shall accept the funds.
``(B) Any funds provided under subparagraph (A) to carry out
projects under this subsection for a fiscal year that are not obligated
in the fiscal year shall be used by the Secretary to carry out the
homeless children nutrition program established under section 17B.
``(8) As used in this subsection:
``(A) The term `boarder baby' means an abandoned infant
described in section 103(1) of the Abandoned Infants Assistance
Act of 1988 (Public Law 100-505; 42 U.S.C. 670 note).
``(B) The term `nutrition education' has the meaning
provided in section 17(b)(7) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(b)(7)).''.
SEC. 118. PILOT PROJECTS.
(a) Commodity Letter of Credit (CLOC) Programs.--The first sentence
of section 18(b)(1) of the National School Lunch Act (42 U.S.C.
1769(b)(1)) is amended by striking ``, and ending September 30, 1994''.
(b) Demonstration Program To Provide Meals and Supplements Outside
of School Hours.--Section 18 of such Act (42 U.S.C. 1769) is amended by
adding at the end the following new subsection:
``(e)(1)(A) The Secretary shall establish a demonstration program
to provide grants to eligible institutions or schools to provide meals
or supplements to adolescents participating in educational,
recreational, or other programs and activities provided outside of
school hours.
``(B) The amount of a grant under subparagraph (A) shall be equal
to the amount necessary to provide meals or supplements described in
such subparagraph and shall be determined in accordance with
reimbursement payment rates for meals and supplements under the child
and adult care food program under section 17.
``(2) The Secretary may not provide a grant under paragraph (1) to
an eligible institution or school unless the institution or school
submits to the Secretary an application containing such information as
the Secretary may reasonably require.
``(3) The Secretary may not provide a grant under paragraph (1) to
an eligible institution or school unless the institution or school
agrees that the institution or school will--
``(A) use amounts from the grant to provide meals or
supplements under educational, recreational, or other programs
and activities for adolescents outside of school hours, and the
programs and activities are carried out in geographic areas in
which there are high rates of poverty, violence, or drug and
alcohol abuse among school-aged youths; and
``(B) use the same meal patterns as meal patterns required
under the child and adult care food program under section 17.
``(4) Determinations with regard to eligibility for free and
reduced price meals and supplements provided under programs and
activities under this subsection shall be made in accordance with the
income eligibility guidelines for free and reduced price lunches under
section 9.
``(5)(A) Except as provided in subparagraph (B), the Secretary
shall expend to carry out this subsection, from amounts appropriated
for purposes of carrying out section 17, $325,000 for fiscal year 1995,
$475,000 for each of fiscal years 1996 and 1997, and $525,000 for
fiscal year 1998. In addition to amounts described in the preceding
sentence, the Secretary shall expend any additional amounts in any
fiscal year as may be provided in advance in appropriations Acts.
``(B) The Secretary may expend less than the amount required under
subparagraph (A) if there is an insufficient number of suitable
applicants.
``(6) As used in this subsection:
``(A) The term `adolescent' means a child who has attained
the age of 13 but has not attained the age of 19.
``(B) The term `eligible institution or school' means--
``(i) an institution, as the term is defined in
section 17; or
``(ii) an elementary or secondary school
participating in the school lunch program under this
Act.
``(C) The term `outside of school hours' means after-school
hours, weekends, or holidays during the regular school year.''.
(c) Fortified Fluid Milk.--Section 18 of such Act (42 U.S.C. 1769)
(as amended by subsection (b)) is further amended by adding at the end
the following new subsection:
``(f)(1) Subject to the availability of appropriations to carry out
this subsection, the Secretary shall establish pilot projects in at
least 25 school districts under which the milk offered by schools meets
the fortification requirements of paragraph (3) for lowfat, skim, and
other forms of fluid milk.
``(2) The Secretary shall make available to school districts
information that compares the nutritional benefits of fluid milk that
meets the fortification requirements of paragraph (3) and the
nutritional benefits of other milk that is made available through the
school lunch program established under this Act.
``(3) The fortification requirements for fluid milk for the pilot
project referred to in paragraph (1) shall provide that--
``(A) all whole milk in final package form for beverage use
shall contain not less than--
``(i) 3.25 percent milk fat; and
``(ii) 8.7 percent milk solids not fat;
``(B) all lowfat milk in final package form for beverage
use shall contain not less than 10 percent milk solids not fat;
and
``(C) all skim milk in final package form for beverage use
shall contain not less than 9 percent milk solids not fat.
``(4)(A) In selecting where to establish pilot projects under this
subsection, the Secretary shall take into account, among other factors,
the availability of fortified milk and the interest of the school
district in being included in the pilot project.
``(B) The Secretary shall establish the pilot projects in as many
geographic areas as practicable, except that none of the projects shall
be established in school districts that use milk described in paragraph
(3) or similar milk.
``(5) Not later than 2 years after the establishment of the first
pilot project under this subsection, the Secretary shall report to the
Committee on Education and Labor, and the Committee on Agriculture, of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate on--
``(A) the acceptability of fortified whole, lowfat, and
skim milk products to participating children;
``(B) the impact of offering the milk on milk consumption;
``(C) the views of the school food service authorities on
the pilot projects; and
``(D) any increases or reductions in costs attributed to
the pilot projects.
``(6) The Secretary shall--
``(A) obtain copies of any research studies or papers that
discuss the impact of the fortification of milk pursuant to
standards established by the States; and
``(B) on request, make available to State agencies and the
public--
``(i) the information obtained under subparagraph
(A); and
``(ii) information about where to obtain milk
described in paragraph (3).
``(7)(A) Each pilot project established under this subsection shall
terminate on the last day of the third year after the establishment of
the pilot project.
``(B) The Secretary shall advise representatives of each district
participating in a pilot project that the district may continue to
offer the fortified forms of milk described in paragraph (3) after the
project terminates.''.
(d) Increased Choices of Fruits, Vegetables, Legumes, Cereals, and
Grain-Based Products.--Section 18 of such Act (42 U.S.C. 1769) (as
amended by subsection (c)) is further amended by adding at the end the
following new subsection:
``(g)(1) The Secretary is authorized to establish a pilot project
to assist schools participating in the school lunch program established
under this Act, and the school breakfast program established under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), to offer
participating students additional choices of fruits, vegetables,
legumes, cereals, and grain-based products (including, subject to
paragraph (6), organically produced agricultural commodities and
products) (collectively referred to in this subsection as `qualified
products').
``(2) The Secretary shall establish procedures under which schools
may apply to participate in the pilot project. To the maximum extent
practicable, the Secretary shall select qualified schools that apply
from each State.
``(3) The Secretary may provide a priority for receiving funds
under this subsection to--
``(A) schools that are located in low-income areas (as
defined by the Secretary); and
``(B) schools that rarely offer 3 or more choices of
qualified products per meal.
``(4) On request, the Secretary shall provide information to the
Committee on Education and Labor, and the Committee on Agriculture, of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate on the impact of the pilot
project on participating schools, including--
``(A) the extent to which participating children increased
consumption of qualified products;
``(B) the extent to which increased consumption of
qualified products offered under the pilot project has
contributed to a reduction in fat intake in the school
breakfast and school lunch programs;
``(C) the desirability of requiring that--
``(i) each school participating in the school
breakfast program increase the number of choices of
qualified products offered per meal to at least 2
choices;
``(ii) each school participating in the school
lunch program increase the number of choices of
qualified products offered per meal; and
``(iii) the Secretary provide additional Federal
reimbursements to assist schools in complying with
clauses (i) and (ii);
``(D) the views of school food service authorities on the
pilot project; and
``(E) any increase or reduction in costs to the schools in
offering the additional qualified products.
``(5) Subject to the availability of funds appropriated to carry
out this subsection, the Secretary shall use not more than $5,000,000
for each of fiscal years 1995 through 1997 to carry out this
subsection.
``(6) For purposes of this subsection, qualified products shall
include organically produced agricultural commodities and products
beginning on the date the Secretary establishes an organic
certification program for producers and handlers of agricultural
products in accordance with the Organic Foods Production Act of 1990 (7
U.S.C. 6501 et seq.).''.
(e) Increased Choices of Lowfat Dairy Products and Lean Meat and
Poultry Products.--Section 18 of such Act (42 U.S.C. 1769) (as amended
by subsection (d)) is further amended by adding at the end the
following new subsection:
``(h)(1) The Secretary is authorized to establish a pilot project
to assist schools participating in the school lunch program established
under this Act, and the school breakfast program established under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), to offer
participating students additional choices of lowfat dairy products
(including lactose-free dairy products) and lean meat and poultry
products (including, subject to paragraph (6), organically produced
agricultural commodities and products) (collectively referred to in
this subsection as `qualified products').
``(2) The Secretary shall establish procedures under which schools
may apply to participate in the pilot project. To the maximum extent
practicable, the Secretary shall select qualified schools that apply
from each State.
``(3) The Secretary may provide a priority for receiving funds
under this subsection to--
``(A) schools that are located in low-income areas (as
defined by the Secretary); and
``(B) schools that rarely offer 3 or more choices of
qualified products per meal.
``(4) On request, the Secretary shall provide information to the
Committee on Education and Labor, and the Committee on Agriculture, of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate on the impact of the pilot
project on participating schools, including--
``(A) the extent to which participating children increased
consumption of qualified products;
``(B) the extent to which increased consumption of
qualified products offered under the pilot project has
contributed to a reduction in fat intake in the school
breakfast and school lunch programs;
``(C) the desirability of requiring that--
``(i) each school participating in the school
breakfast program increase the number of choices of
qualified products offered per meal to at least 2
choices;
``(ii) each school participating in the school
lunch program increase the number of choices of
qualified products offered per meal; and
``(iii) the Secretary provide additional Federal
reimbursements to assist schools in complying with
clauses (i) and (ii);
``(D) the views of the school food service authorities on
the pilot project; and
``(E) any increase or reduction in costs to the schools in
offering the additional qualified products.
``(5) Subject to the availability of funds appropriated to carry
out this subsection, the Secretary shall use not more than $5,000,000
for each of fiscal years 1995 through 1997 to carry out this
subsection.
``(6) For purposes of this subsection, qualified products shall
include organically produced agricultural commodities and products
beginning on the date the Secretary establishes an organic
certification program for producers and handlers of agricultural
products in accordance with the Organic Foods Production Act of 1990 (7
U.S.C. 6501 et seq.).''.
(f) Reduced Paperwork and Application Requirements and Increased
Participation Pilots.--Section 18 of such Act (42 U.S.C. 1769) (as
amended by subsection (e)) is further amended by adding at the end the
following new subsection:
``(i)(1) Subject to the availability of advance appropriations
under paragraph (8), the Secretary shall make grants to a limited
number of schools to conduct pilot projects in 2 or more States
approved by the Secretary to--
``(A) reduce paperwork;
``(B) reduce application and meal counting requirements;
and
``(C) make changes that will increase participation in the
school lunch and school breakfast programs.
``(2)(A) Except as provided in subparagraph (B), the Secretary may
waive the requirements of this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) relating to counting of meals, applications
for eligibility, and related requirements that would preclude the
Secretary from making a grant to conduct a pilot project under
paragraph (1).
``(B) The Secretary may not waive a requirement under subparagraph
(A) if the waiver would prevent a program participant, a potential
program recipient, or a school from receiving all of the benefits and
protections of this Act, the Child Nutrition Act of 1966, or a Federal
statute or regulation that protects an individual constitutional right
or a statutory civil right.
``(C) No child otherwise eligible for free or reduced price meals
under section 9 or under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773) shall be required to pay more under a program carried
out under this subsection for such a meal than the child would
otherwise pay under section 9 or under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), respectively.
``(3) To be eligible to receive a grant to conduct a pilot project
under this subsection, a school shall--
``(A) submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the
Secretary may reasonably require, including, at a minimum,
information--
``(i) demonstrating that the program carried out
under the project differs from programs carried out
under subparagraph (C), (D), or (E) of section
11(a)(1);
``(ii) demonstrating that at least 40 percent of
the students participating in the school lunch program
at the school are eligible for free or reduced price
meals;
``(iii) demonstrating that the school operates both
a school lunch program and a school breakfast program;
``(iv) describing the funding, if any that the
school will receive from non-Federal sources to carry
out the pilot project;
``(v) describing and justifying the additional
amount, over the most recent prior year reimbursement
amount received under the school lunch program and the
school breakfast program (adjusted for inflation and
fluctuations in enrollment), that the school needs from
the Federal government to conduct the pilot; and
``(vi) describing the policy of the school on a la
carte and competitive foods;
``(B) not have a history of violations of this Act or the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
``(C) meet any other requirement that the Secretary may
reasonably require.
``(4) To the extent practicable, the Secretary shall select schools
to participate in the pilot program under this subsection in a manner
that will provide for an equitable distribution among the following
types of schools:
``(A) Urban and rural schools.
``(B) Elementary, middle, and high schools.
``(C) Schools of varying income levels.
``(5)(A) Except as provided in subparagraph (B), a school
conducting a pilot project under this subsection shall receive
commodities in an amount equal to the amount the school received in the
prior year under the school lunch program under this Act and under the
school breakfast program under section 4 of the Child Nutrition Act of
1966, adjusted for inflation and fluctuations in enrollment.
``(B) Commodities required for the pilot project in excess of the
amount of commodities received by the school in the prior year under
the school lunch program and the school breakfast program may be funded
from amounts appropriated to carry out this section.
``(6)(A) Except as provided in subparagraph (B), a school
conducting a pilot project under this subsection shall receive a total
Federal reimbursement under the school lunch program and school
breakfast program in an amount equal to the total Federal reimbursement
for the school in the prior year under each such program (adjusted for
inflation and fluctuations in enrollment).
``(B) Funds required for the pilot project in excess of the level
of reimbursement received by the school in the prior year (adjusted for
inflation and fluctuations in enrollment) may be taken from any non-
Federal source or from amounts appropriated to carry out this
subsection. If no appropriations are made for the pilot projects,
schools may not conduct the pilot projects.
``(7)(A) The Secretary shall require each school conducting a pilot
project under this subsection to submit to the Secretary documentation
sufficient for the Secretary, to the extent practicable, to--
``(i) determine the effect that participation by schools in
the pilot projects has on the rate of student participation in
the school lunch program and the school breakfast program, in
total and by various income groups;
``(ii) compare the quality of meals served under the pilot
project to the quality of meals served under the school lunch
program and the school breakfast program during the school year
immediately preceding participation in the pilot project;
``(iii) summarize the views of students, parents, and
administrators with respect to the pilot project;
``(iv) compare the amount of administrative costs under the
pilot project to the amount of administrative costs under the
school lunch program and the school breakfast program during
the school year immediately preceding participation in the
pilot project;
``(v) determine the reduction in paperwork under the pilot
project from the amount of paperwork under the school lunch and
school breakfast programs at the school; and
``(vi) determine the effect of participation in the pilot
project on sales of, and school policy regarding, a la carte
and competitive foods.
``(B) Not later than January 31, 1998, the Secretary shall submit
to the Committee on Education and Labor of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report containing--
``(i) a description of the pilot projects approved by the
Secretary under this subsection;
``(ii) a compilation of the information received by the
Secretary under paragraph (1) as of this date from each school
conducting a pilot project under this subsection; and
``(iii) an evaluation of the program by the Secretary.
``(8) There are authorized to be appropriated to carry out this
subsection $9,000,000 for each fiscal year during the period beginning
October 1, 1995, and ending July 31, 1998.''.
SEC. 119. REDUCTION OF PAPERWORK.
Section 19(a) of the National School Lunch Act (42 U.S.C. 1769a(a))
is amended--
(1) by striking ``and other agencies'' and inserting
``other agencies''; and
(2) by inserting ``, and families of children participating
in the programs,'' after ``assisted under such Acts''.
SEC. 120. FOOD SERVICE MANAGEMENT INSTITUTE.
(a) Required Activities.--Section 21(c)(2) of the National School
Lunch Act (42 U.S.C. 1769b-1(c)(2)) is amended--
(1) in subparagraph (B)--
(A) by striking ``and'' at the end of clause
(viii);
(B) by redesignating clause (ix) as clause (x); and
(C) by inserting after clause (viii) the following
new clause:
``(ix) culinary skills; and'';
(2) by striking ``and'' at the end of subparagraph (D);
(3) by striking the period at the end of subparagraph (E)
and inserting a semicolon; and
(4) by adding at the end the following new subparagraphs:
``(F) training food service personnel to comply
with the nutrition guidance and objectives of section
24 through a national network of instructors or other
means;
``(G) preparing informational materials, such as
video instruction tapes and menu planners, to promote
healthier food preparation; and
``(H) assisting State educational agencies in
providing additional nutrition and health instructions
and instructors, including training personnel to comply
with the nutrition guidance and objectives of section
24.''.
(b) Use of Food Service Management Institute for Dietary and
Nutrition Activities.--Section 21(d) of such Act (42 U.S.C. 1769b-1(d))
is amended--
(1) by striking ``(d) Coordination.--The'' and inserting
the following:
``(d) Coordination.--
``(1) In general.--The''; and
(2) by adding at the end the following new paragraph:
``(2) Use of institute for dietary and nutrition
activities.--The Secretary shall use any food service
management institute established under subsection (a)(2) to
assist in carrying out dietary and nutrition activities of the
Secretary.''.
(c) Authorization of Appropriations.--Section 21 of such Act (42
U.S.C. 1769b-1) is amended--
(1) in subsection (a)(1), by striking ``from'' and
inserting ``subject to the availability of, and from,''; and
(2) by striking subsection (e) and inserting the following
new subsection:
``(e) Authorization of Appropriations.--
``(1) Training activities and technical assistance.--There
are authorized to be appropriated to carry out subsection
(a)(1) $3,000,000 for fiscal year 1990, $2,000,000 for fiscal
year 1991, and $1,000,000 for each of fiscal years 1992 through
1998.
``(2) Food service management institute.--
``(A) Funding.--In addition to any amounts
otherwise made available for fiscal year 1995, out of
any moneys in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall provide to the
Secretary $147,000 for fiscal year 1995, and $2,000,000
for fiscal year 1996 and each subsequent fiscal year,
to carry out subsection (a)(2). The Secretary shall be
entitled to receive the funds and shall accept the
funds.
``(B) Additional funding.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out subsection
(a)(2) such sums as are necessary for fiscal year 1995
and each subsequent fiscal year. The Secretary shall
carry out activities under subsection (a)(2), in
addition to the activities funded under subparagraph
(A), to the extent provided for, and in such amounts as
are provided for, in advance in appropriations Acts.
``(C) Funding for education, training, or applied
research or studies.--In addition to amounts made
available under subparagraphs (A) and (B), from amounts
otherwise appropriated to the Secretary in
discretionary appropriations, the Secretary may provide
funds to any food service management institute
established under subsection (a)(2) for projects
specified by the Secretary that will contribute to
implementing dietary or nutrition initiatives. Any
additional funding under this subparagraph shall be
provided noncompetitively in a separate cooperative
agreement.''.
SEC. 121. COMPLIANCE AND ACCOUNTABILITY.
Section 22(d) of the National School Lunch Act (42 U.S.C. 1769c(d))
is amended by striking ``1990, 1991, 1992, 1993, and 1994'' and
inserting ``1994 through 1996''.
SEC. 122. DUTIES OF THE SECRETARY OF AGRICULTURE RELATING TO
NONPROCUREMENT DEBARMENT UNDER CERTAIN CHILD NUTRITION
PROGRAMS.
(a) In General.--The National School Lunch Act (42 U.S.C. 1751 et
seq.) is amended by adding at the end the following new section:
``SEC. 25. DUTIES OF THE SECRETARY RELATING TO NONPROCUREMENT
DEBARMENT.
``(a) Purposes.--The purposes of this section are to promote the
prevention and deterrence of instances of fraud, bid rigging, and other
anticompetitive activities encountered in the procurement of products
for child nutrition programs by--
``(1) establishing guidelines and a timetable for the
Secretary to initiate debarment proceedings, as well as
establishing mandatory debarment periods; and
``(2) providing training, technical advice, and guidance in
identifying and preventing the activities.
``(b) Definitions.--As used in this section:
``(1) Child nutrition program.--The term `child nutrition
program' means--
``(A) the school lunch program established under
this Act;
``(B) the summer food service program for children
established under section 13;
``(C) the child and adult care food program
established under section 17;
``(D) the homeless children nutrition program
established under section 17B;
``(E) the special milk program established under
section 3 of the Child Nutrition Act of 1966 (42 U.S.C.
1772);
``(F) the school breakfast program established
under section 4 of such Act (42 U.S.C. 1773); and
``(G) the special supplemental nutrition program
for women, infants, and children authorized under
section 17 of such Act (42 U.S.C. 1786).
``(2) Contractor.--The term `contractor' means a person
that contracts with a State, an agency of a State, or a local
agency to provide goods or services in relation to the
participation of a local agency in a child nutrition program.
``(3) Local agency.--The term `local agency' means a
school, school food authority, child care center, sponsoring
organization, or other entity authorized to operate a child
nutrition program at the local level.
``(4) Nonprocurement debarment.--The term `nonprocurement
debarment' means an action to bar a person from programs and
activities involving Federal financial and nonfinancial
assistance, but not including Federal procurement programs and
activities.
``(5) Person.--The term `person' means any individual,
corporation, partnership, association, cooperative, or other
legal entity, however organized.
``(c) Assistance To Identify and Prevent Fraud and Anticompetitive
Activities.--The Secretary shall--
``(1) in cooperation with any other appropriate individual,
organization, or agency, provide advice, training, technical
assistance, and guidance (which may include awareness training,
training films, and troubleshooting advice) to representatives
of States and local agencies regarding means of identifying and
preventing fraud and anticompetitive activities relating to the
provision of goods or services in conjunction with the
participation of a local agency in a child nutrition program;
and
``(2) provide information to, and fully cooperate with, the
Attorney General and State attorneys general regarding
investigations of fraud and anticompetitive activities relating
to the provision of goods or services in conjunction with the
participation of a local agency in a child nutrition program.
``(d) Nonprocurement Debarment.--
``(1) In general.--Except as provided in paragraph (3) and
subsection (e), not later than 180 days after notification of
the occurrence of a cause for debarment described in paragraph
(2), the Secretary shall initiate nonprocurement debarment
proceedings against the contractor who has committed the cause
for debarment.
``(2) Causes for debarment.--Actions requiring initiation
of nonprocurement debarment pursuant to paragraph (1) shall
include a situation in which a contractor is found guilty in
any criminal proceeding, or found liable in any civil or
administrative proceeding, in connection with the supplying,
providing, or selling of goods or services to any local agency
in connection with a child nutrition program, of--
``(A) an anticompetitive activity, including bid-
rigging, price-fixing, the allocation of customers
between competitors, or other violation of Federal or
State antitrust laws;
``(B) fraud, bribery, theft, forgery, or
embezzlement;
``(C) knowingly receiving stolen property;
``(D) making a false claim or statement; or
``(E) any other obstruction of justice.
``(3) Exception.--If the Secretary determines that a
decision on initiating nonprocurement debarment proceedings
cannot be made within 180 days after notification of the
occurrence of a cause for debarment described in paragraph (2)
because of the need to further investigate matters relating to
the possible debarment, the Secretary may have such additional
time as the Secretary considers necessary to make a decision,
but not to exceed an additional 180 days.
``(4) Mandatory child nutrition program debarment
periods.--
``(A) In general.--Subject to the other provisions
of this paragraph and notwithstanding any other
provision of law except subsection (e), if, after
deciding to initiate nonprocurement debarment
proceedings pursuant to paragraph (1), the Secretary
decides to debar a contractor, the debarment shall be
for a period of not less than 3 years.
``(B) Previous debarment.--If the contractor has
been previously debarred pursuant to nonprocurement
debarment proceedings initiated pursuant to paragraph
(1), and the cause for debarment is described in
paragraph (2) based on activities that occurred
subsequent to the initial debarment, the debarment
shall be for a period of not less than 5 years.
``(C) Scope.--At a minimum, a debarment under this
subsection shall serve to bar the contractor for the
specified period from contracting to provide goods or
services in conjunction with the participation of a
local agency in a child nutrition program.
``(D) Reversal, reduction, or exception.--Nothing
in this section shall restrict the ability of the
Secretary to--
``(i) reverse a debarment decision;
``(ii) reduce the period or scope of a
debarment;
``(iii) grant an exception permitting a
debarred contractor to participate in a
particular contract to provide goods or
services; or
``(iv) otherwise settle a debarment action
at any time;
in conjunction with the participation of a local agency
in a child nutrition program, if the Secretary
determines there is good cause for the action, after
taking into account factors set forth in paragraphs (1)
through (6) of subsection (e).
``(5) Information.--On request, the Secretary shall present
to the Committee on Education and Labor, and the Committee on
Agriculture, of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate
information regarding the decisions required by this
subsection.
``(6) Relationship to other authorities.--A debarment
imposed under this section shall not reduce or diminish the
authority of a Federal, State, or local government agency or
court to penalize, imprison, fine, suspend, debar, or take
other adverse action against a person in a civil, criminal, or
administrative proceeding.
``(7) Regulations.--The Secretary shall issue such
regulations as are necessary to carry out this subsection.
``(e) Mandatory Debarment.--Notwithstanding any other provision of
this section, the Secretary shall initiate nonprocurement debarment
proceedings against the contractor (including any cooperative) who has
committed the cause for debarment (as determined under subsection
(d)(2)), unless the action--
``(1) is likely to have a significant adverse effect on
competition or prices in the relevant market or nationally;
``(2) will interfere with the ability of a local agency to
procure a needed product for a child nutrition program;
``(3) is unfair to a person, subsidiary corporation,
affiliate, parent company, or local division of a corporation
that is not involved in the improper activity that would
otherwise result in the debarment;
``(4) is likely to have significant adverse economic
impacts on the local economy in a manner that is unfair to
innocent parties;
``(5) is not justified in light of the penalties already
imposed on the contractor for violations relevant to the
proposed debarment, including any suspension or debarment
arising out of the same matter that is imposed by any Federal
or State agency; or
``(6) is not in the public interest, or otherwise is not in
the interests of justice, as determined by the Secretary.
``(f) Exhaustion of Administrative Remedies.--Prior to seeking
judicial review in a court of competent jurisdiction, a contractor
against whom a nonprocurement debarment proceeding has been initiated
shall--
``(1) exhaust all administrative procedures prescribed by
the Secretary; and
``(2) receive notice of the final determination of the
Secretary.
``(g) Information Relating to Prevention and Control of
Anticompetitive Activities.--On request, the Secretary shall present to
the Committee on Education and Labor, and the Committee on Agriculture,
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate information regarding the
activities of the Secretary relating to anticompetitive activities,
fraud, nonprocurement debarment, and any waiver granted by the
Secretary under this section.''.
(b) Applicability.--Section 25 of the National School Lunch Act (as
added by subsection (a)) shall not apply to a cause for debarment as
described in section 25(d)(2) of such Act that is based on an activity
that took place prior to the effective date of section 25 of such Act.
(c) No Reduction in Authority To Debar or Suspend a Person From
Federal Financial and Nonfinancial Assistance and Benefits.--The
authority of the Secretary of Agriculture that exists on the day before
the date of enactment of this Act to debar or suspend a person from
Federal financial and nonfinancial assistance and benefits under
Federal programs and activities shall not be diminished or reduced by
subsection (a) or the amendment made by subsection (a).
SEC. 123. INFORMATION CLEARINGHOUSE.
The National School Lunch Act (42 U.S.C. 1751 et seq.) (as amended
by section 122) is further amended by adding at the end the following
new section:
``SEC. 26. INFORMATION CLEARINGHOUSE.
``(a) In General.--The Secretary shall enter into a contract with a
nongovernmental organization described in subsection (b) to establish
and maintain a clearinghouse to provide information to nongovernmental
groups located throughout the United States that assist low-income
individuals or communities regarding food assistance, self-help
activities to aid individuals in becoming self-reliant, and other
activities that empower low-income individuals or communities to
improve the lives of low-income individuals and reduce reliance on
Federal, State, or local governmental agencies for food or other
assistance.
``(b) Nongovernmental Organization.--The nongovernmental
organization referred to in subsection (a) shall be selected on a
competitive basis and shall--
``(1) be experienced in the gathering of first-hand
information in all the States through onsite visits to
grassroots organizations in each State that fight hunger and
poverty or that assist individuals in becoming self-reliant;
``(2) be experienced in the establishment of a
clearinghouse similar to the clearinghouse described in
subsection (a);
``(3) agree to contribute in-kind resources towards the
establishment and maintenance of the clearinghouse and agree to
provide clearinghouse information, free of charge, to the
Secretary, States, counties, cities, antihunger groups, and
grassroots organizations that assist individuals in becoming
self-sufficient and self-reliant;
``(4) be sponsored by an organization, or be an
organization, that--
``(A) has helped combat hunger for at least 10
years;
``(B) is committed to reinvesting in the United
States; and
``(C) is knowledgeable regarding Federal nutrition
programs;
``(5) be experienced in communicating the purpose of the
clearinghouse through the media, including the radio and print
media, and be able to provide access to the clearinghouse
information through computer or telecommunications technology,
as well as through the mails; and
``(6) be able to provide examples, advice, and guidance to
States, counties, cities, communities, antihunger groups, and
local organizations regarding means of assisting individuals
and communities to reduce reliance on government programs,
reduce hunger, improve nutrition, and otherwise assist low-
income individuals and communities become more self-sufficient.
``(c) Audits.--The Secretary shall establish fair and reasonable
auditing procedures regarding the expenditures of funds to carry out
this section.
``(d) Funding.--Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall pay to the Secretary
to provide to the organization selected under this section, to
establish and maintain the information clearinghouse, $200,000 for each
of fiscal years 1995 and 1996, $150,000 for fiscal year 1997, and
$100,000 for fiscal year 1998. The Secretary shall be entitled to
receive the funds and shall accept the funds.''.
SEC. 124. GUIDANCE AND GRANTS FOR ACCOMMODATING SPECIAL DIETARY NEEDS
OF CHILDREN WITH DISABILITIES.
The National School Lunch Act (42 U.S.C. 1751 et seq.) (as amended
by section 123) is further amended by adding at the end the following
new section:
``SEC. 27. GUIDANCE AND GRANTS FOR ACCOMMODATING SPECIAL DIETARY NEEDS
OF CHILDREN WITH DISABILITIES.
``(a) Definitions.--As used in this section:
``(1) Children with disabilities.--The term `children with
disabilities' means individuals, each of whom is--
``(A) a participant in a covered program; and
``(B) an individual with a disability, as defined
in section 7(8) of the Rehabilitation Act of 1973 (29
U.S.C. 706(8)) for purposes of section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
``(2) Covered program.--The term `covered program' means--
``(A) the school lunch program established under
this Act;
``(B) the school breakfast program established
under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773); and
``(C) any other program established under this Act
or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) that the Secretary determines is appropriate.
``(3) Eligible entity.--The term `eligible entity' means a
school food service authority, or an institution or
organization, that participates in a covered program.
``(b) Guidance.--
``(1) Development.--The Secretary, in consultation with the
Attorney General and the Secretary of Education, shall develop
and approve guidance for accommodating the medical and special
dietary needs of children with disabilities under covered
programs in a manner that is consistent with section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
``(2) Timing.--In the case of the school lunch program
established under this Act and the school breakfast program
established under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773), the Secretary shall develop the guidance as
required by paragraph (1) not later than 150 days after the
date of enactment of this section.
``(3) Distribution.--Not later than 60 days after the date
that the development of the guidance relating to a covered
program is completed, the Secretary shall distribute the
guidance to school food service authorities, and institutions
and organizations, participating in the covered program.
``(4) Revision of guidance.--The Secretary, in consultation
with the Attorney General and the Secretary of Education, shall
periodically update and approve the guidances to reflect new
scientific information and comments and suggestions from
persons carrying out covered programs, recognized medical
authorities, parents, and other persons.
``(c) Grants.--
``(1) In general.--Subject to the availability of
appropriations provided in advance to carry out this
subsection, the Secretary shall make grants on a competitive
basis to State educational agencies for distribution to
eligible entities to assist the eligible entities with
nonrecurring expenses incurred in accommodating the medical and
special dietary needs of children with disabilities in a manner
that is consistent with section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794).
``(2) Additional assistance.--Subject to paragraph
(3)(A)(iii), assistance received through grants made under this
subsection shall be in addition to any other assistance that
State educational agencies and eligible entities would
otherwise receive.
``(3) Allocation by secretary.--
``(A) Preference.--In making grants under this
subsection for any fiscal year, the Secretary shall
provide a preference to State educational agencies
that, individually--
``(i) submit to the Secretary a plan for
accommodating the needs described in paragraph
(1), including a description of the purpose of
the project for which the agency seeks such a
grant, a budget for the project, and a
justification for the budget;
``(ii) provide to the Secretary data
demonstrating that the State served by the
agency has a substantial percentage of children
with medical or special dietary needs, and
information explaining the basis for the data;
or
``(iii) demonstrate to the satisfaction of
the Secretary that the activities supported
through such a grant will be coordinated with
activities supported under other Federal,
State, and local programs, including--
``(I) activities carried out under
title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.);
``(II) activities carried out under
the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
and
``(III) activities carried out
under section 19 of the Child Nutrition
Act of 1966 (42 U.S.C. 1788) or by the
food service management institute
established under section 21.
``(B) Reallocation.--The Secretary shall act in a
timely manner to recover and reallocate to other States
any amounts provided to a State educational agency
under this subsection that are not used by the agency
within a reasonable period (as determined by the
Secretary).
``(C) Applications.--The Secretary shall allow
State educational agencies to apply on an annual basis
for assistance under this subsection.
``(4) Allocation by state educational agencies.--In
allocating funds made available under this subsection within a
State, the State educational agency shall give a preference to
eligible entities that demonstrate the greatest ability to use
the funds to carry out the plan submitted by the State in
accordance with paragraph (3)(A)(i).
``(5) Maintenance of effort.--Expenditures of funds from
State and local sources to accommodate the needs described in
paragraph (1) shall not be diminished as a result of grants
received under this subsection.
``(6) Authorization of appropriations.--There are
authorized to be appropriated $1,000,000 for each of fiscal
years 1995 through 1998 to carry out this subsection.''.
SEC. 125. STUDY OF ADULTERATION OF JUICE PRODUCTS SOLD TO SCHOOL MEAL
PROGRAMS
(a) In General.--The Comptroller General of the United States shall
conduct a study of the costs and problems associated with the sale of
adulterated fruit juice and juice products to the school lunch program
under the National School Lunch Act (42 U.S.C. 1751 et seq.) and school
breakfast program under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773), including a study of--
(1) the nature and extent to which juice products have been
and are currently being adulterated;
(2) the adequacy of current requirements and standards to
preclude manufacturers from processing adulterated products for
school meal programs;
(3) the availability and effectiveness of various detection
methods and testing procedures used to identify adulterated
juice products;
(4) the adequacy of existing enforcement mechanisms and
efforts to detect and prosecute manufacturers of adulterated
juice products;
(5) the economic effect of the sale of adulterated juice
products on the school meal program and on manufacturers of the
products; and
(6) the effect alternative mandatory inspection methods
would have on program costs and various purchasing options.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit a report on the study
conducted under subsection (a) (including any related recommendations)
to the Committee on Education and Labor, and the Committee on
Agriculture, of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
TITLE II--AMENDMENTS TO CHILD NUTRITION ACT OF 1966
SEC. 201. SCHOOL BREAKFAST PROGRAM.
(a) Minimum Nutritional Requirements Measured by Weekly Average of
Nutrient Content of School Breakfasts.--The first sentence of section
4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)) is
amended by inserting before the period at the end the following: ``,
except that the minimum nutritional requirements shall be measured by
not less than the weekly average of the nutrient content of school
breakfasts''.
(b) Technical Assistance for School Breakfast Program.--Section
4(e)(1) of such Act (42 U.S.C. 1773(e)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary shall provide through State educational
agencies technical assistance and training, including technical
assistance and training in the preparation of foods high in complex
carbohydrates and lower-fat versions of foods commonly used in the
school breakfast program established under this section, to schools
participating in the school breakfast program to assist the schools in
complying with the nutritional requirements prescribed by the Secretary
pursuant to subparagraph (A) and in providing appropriate meals to
children with medically certified special dietary needs. The Secretary
shall provide through State educational agencies additional technical
assistance to schools that are having difficulty maintaining compliance
with the requirements.''.
(c) Promotion of Program.--Section 4(f)(1) of such Act (42 U.S.C.
1773(f)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraphs:
``(B) In cooperation with State educational agencies, the Secretary
shall promote the school breakfast program by--
``(i) marketing the program in a manner that expands
participation in the program by schools and students; and
``(ii) improving public education and outreach efforts in
language appropriate materials that enhance the public image of
the program.
``(C) As used in this paragraph, the term `language appropriate
materials' means materials using a language other than the English
language in a case in which the language is dominant for a large
percentage of individuals participating in the program.''.
(d) Startup and Expansion of School Breakfast Program and Summer
Food Service Program for Children.--Subsection (g) of section 4 of such
Act (42 U.S.C. 1773(g)) is amended to read as follows:
``startup and expansion costs
``(g)(1) Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall provide to the
Secretary $5,000,000 for each of fiscal years 1991 through 1997,
$6,000,000 for fiscal year 1998, and $7,000,000 for fiscal year 1999
and each subsequent fiscal year to make payments under this subsection.
The Secretary shall be entitled to receive the funds and shall accept
the funds. The Secretary shall use the funds to make payments on a
competitive basis and in the following order of priority (subject to
other provisions of this subsection), to--
``(A) State educational agencies in a substantial number of
States for distribution to eligible schools to assist the
schools with nonrecurring expenses incurred in--
``(i) initiating a school breakfast program under
this section; or
``(ii) expanding a school breakfast program; and
``(B) a substantial number of States for distribution to
service institutions to assist the institutions with
nonrecurring expenses incurred in--
``(i) initiating a summer food service program for
children; or
``(ii) expanding a summer food service program for
children.
``(2) Payments received under this subsection shall be in addition
to payments to which State agencies are entitled under subsection (b)
and section 13 of the National School Lunch Act (42 U.S.C. 1761).
``(3) To be eligible to receive a payment under this subsection, a
State educational agency shall submit to the Secretary a plan to
initiate or expand school breakfast programs conducted in the State,
including a description of the manner in which the agency will provide
technical assistance and funding to schools in the State to initiate or
expand the programs.
``(4) In making payments under this subsection for any fiscal year
to initiate or expand school breakfast programs, the Secretary shall
provide a preference to State educational agencies that--
``(A) have in effect a State law that requires the
expansion of the programs during the year;
``(B) have significant public or private resources that
have been assembled to carry out the expansion of the programs
during the year;
``(C) do not have a school breakfast program available to a
large number of low-income children in the State; or
``(D) serve an unmet need among low-income children, as
determined by the Secretary.
``(5) In making payments under this subsection for any fiscal year
to initiate or expand summer food service programs for children, the
Secretary shall provide a preference to States--
``(A)(i) in which the numbers of children participating in
the summer food service program for children represent the
lowest percentages of the number of children receiving free or
reduced price meals under the school lunch program established
under the National School Lunch Act (42 U.S.C. 1751 et seq.);
or
``(ii) that do not have a summer food service program for
children available to a large number of low-income children in
the State; and
``(B) that submit to the Secretary a plan to expand the
summer food service programs for children conducted in the
State, including a description of--
``(i) the manner in which the State will provide
technical assistance and funding to service
institutions in the State to expand the programs; and
``(ii) significant public or private resources that
have been assembled to carry out the expansion of the
programs during the year.
``(6) The Secretary shall act in a timely manner to recover and
reallocate to other States any amounts provided to a State educational
agency or State under this subsection that are not used by the agency
or State within a reasonable period (as determined by the Secretary).
``(7) The Secretary shall allow States to apply on an annual basis
for assistance under this subsection.
``(8) Each State agency and State, in allocating funds within the
State, shall give preference for assistance under this subsection to
eligible schools and service institutions that demonstrate the greatest
need for a school breakfast program or a summer food service program
for children, respectively.
``(9) Expenditures of funds from State and local sources for the
maintenance of the school breakfast program and the summer food service
program for children shall not be diminished as a result of payments
received under this subsection.
``(10) As used in this subsection:
``(A) The term `eligible school' means a school--
``(i) attended by children a significant percentage
of whom are members of low-income families;
``(ii)(I) as used with respect to a school
breakfast program, that agrees to operate the school
breakfast program established or expanded with the
assistance provided under this subsection for a period
of not less than 3 years; and
``(II) as used with respect to a summer food
service program for children, that agrees to operate
the summer food service program for children
established or expanded with the assistance provided
under this subsection for a period of not less than 3
years.
``(B) The term `service institution' means an institution
or organization described in paragraph (1)(B) or (7) of section
13(a) of the National School Lunch Act (42 U.S.C. 1761(a)(1)(B)
or (7)).
``(C) The term `summer food service program for children'
means a program authorized by section 13 of such Act (42 U.S.C.
1761).''.
SEC. 202. STATE ADMINISTRATIVE EXPENSES.
(a) Withholding.--Section 7(a) of the Child Nutrition Act of 1966
(42 U.S.C. 1776(a)) is amended by adding at the end the following new
paragraph:
``(9)(A) If the Secretary determines that the administration of any
program by a State under this Act (other than section 17) or under the
National School Lunch Act (42 U.S.C. 1751 et seq.), or compliance with
a regulation issued pursuant to either of such Acts, is seriously
deficient, and the State fails to correct the deficiency within a
specified period of time, the Secretary may withhold from the State
some or all of the funds allocated to the State under this section or
under section 13(k)(1) or 17 of the National School Lunch Act (42
U.S.C. 1761(k)(1) or 1766).
``(B) On a subsequent determination by the Secretary that the
administration of any program referred to in subparagraph (A), or
compliance with the regulations issued to carry out the program, is no
longer seriously deficient and is operated in an acceptable manner, the
Secretary may allocate some or all of the funds withheld under such
subparagraph.''.
(b) Extension of Authority To Provide Funds for State
Administrative Expenses.--Section 7(h) of such Act (42 U.S.C. 1776(h))
is amended by striking ``1994'' and inserting ``1998''.
(c) Prohibition of Funding Unless State Agrees To Participate in
Certain Studies or Surveys.--Section 7 of such Act (42 U.S.C. 1776) is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) The Secretary may not provide amounts under this section to a
State for administrative costs incurred in any fiscal year unless the
State agrees to participate in any study or survey of programs
authorized under this Act or the National School Lunch Act (42 U.S.C.
1751 et seq.) and conducted by the Secretary.''.
SEC. 203. COMPETITIVE FOODS OF MINIMAL NUTRITIONAL VALUE.
Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is
amended--
(1) by designating the first, second, and third sentences
as subsections (a), (b), and (c), respectively;
(2) by indenting the margins of subsections (b) and (c) so
as to align with the margins of subsection (b) of section 11 of
such Act (42 U.S.C. 1780); and
(3) in subsection (b) (as designated by paragraph (1))--
(A) by striking ``Such regulations'' and inserting
``(1) The regulations''; and
(B) by adding at the end the following new
paragraphs:
``(2) The Secretary shall develop and provide to State agencies,
for distribution to private elementary schools and to public elementary
schools through local educational agencies, model language that bans
the sale of competitive foods of minimal nutritional value anywhere on
elementary school grounds before the end of the last lunch period.
``(3) The Secretary shall provide to State agencies, for
distribution to private secondary schools and to public secondary
schools through local educational agencies, a copy of regulations (in
existence on the effective date of this paragraph) concerning the sale
of competitive foods of minimal nutritional value.
``(4) Paragraphs (2) and (3) shall not apply to a State that has in
effect a ban on the sale of competitive foods of minimal nutritional
value in schools in the State.''.
SEC. 204. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM.
(a) Definition of Nutritional Risk.--Section 17(b)(8) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)(8)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
(2) by inserting after ``health,'' at the end of
subparagraph (C) the following new subparagraph: ``(D)
conditions that directly affect the nutritional health of a
person, such as alcoholism or drug abuse,''; and
(3) in subparagraph (E) (as redesignated by paragraph (1)),
by striking ``alcoholism and drug addiction, homelessness,
and'' and inserting ``homelessness and''.
(b) Promotion of Program.--Section 17(c) of such Act (42 U.S.C.
1786(c)) is amended by adding at the end the following new paragraph:
``(5) The Secretary shall promote the special supplemental
nutrition program by producing and distributing materials, including
television and radio public service announcements in English and other
appropriate languages, that inform potentially eligible individuals of
the benefits and services under the program.''.
(c) Eligibility for Certain Pregnant Women.--Section 17(d) of such
Act (42 U.S.C. 1786(d)) is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) In the case of a pregnant woman who is otherwise ineligible
for participation in the program because the family of the woman is of
insufficient size to meet the income eligibility standards of the
program, the pregnant woman shall be considered to have satisfied the
income eligibility standards if, by increasing the number of
individuals in the family of the woman by 1 individual, the income
eligibility standards would be met.''; and
(2) in paragraph (3)--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new
subparagraph:
``(B) A State may consider pregnant women who meet the income
eligibility standards to be presumptively eligible to participate in
the program and may certify the women for participation immediately,
without delaying certification until an evaluation is made concerning
nutritional risk. A nutritional risk evaluation of such a woman shall
be completed not later than 60 days after the woman is certified for
participation. If it is subsequently determined that the woman does not
meet nutritional risk criteria, the certification of the woman shall
terminate on the date of the determination.''.
(d) Technical Corrections.--Section 17(e) of such Act (42 U.S.C.
1786(e)) is amended by redesignating paragraph (3) (as added by section
123(a)(3)(D) of the Child Nutrition and WIC Reauthorization Act of 1989
(Public Law 101-147; 103 Stat. 895)) and paragraphs (4) and (5) as
paragraphs (4), (5), and (6), respectively.
(e) Coordination of WIC and Medicaid Programs Using Coordinated
Care Providers.--Section 17(f)(1)(C)(iii) of such Act (42 U.S.C.
1786(f)(1)(C)(iii)) is amended by inserting before the semicolon at the
end the following: ``, including medicaid programs that use coordinated
care providers under a contract entered into under section 1903(m), or
a waiver granted under section 1915(b), of the Social Security Act (42
U.S.C. 1396b(m) or 1396n(b)) (including coordination through the
referral of potentially eligible women, infants, and children between
the program authorized under this section and the medicaid program)''.
(f) Priority Consideration for Certain Migrant Populations.--The
first sentence of section 17(f)(3) of such Act (42 U.S.C. 1786(f)(3))
is amended by inserting before the period at the end the following:
``and shall ensure that local programs provide priority consideration
to serving migrant participants who are residing in the State for a
limited period of time''.
(g) Income Eligibility Guidelines.--Paragraph (18) of section 17(f)
of such Act (42 U.S.C. 1786(f)(18)) is amended to read as follows:
``(18) Notwithstanding subsection (d)(2)(A)(i), not later than July
1 of each year, a State agency may implement income eligibility
guidelines under this section concurrently with the implementation of
income eligibility guidelines under the medicaid program established
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).''.
(h) Use of Recovered Program Funds in Year Collected.--Section
17(f) of such Act (42 U.S.C. 1786(f)) is amended by adding at the end
the following new paragraph:
``(23) A State agency may use funds recovered as a result of
violations in the food delivery system of the program in the year in
which the funds are collected for the purpose of carrying out the
program.''.
(i) Coordination Initiative for WIC and Medicaid Programs.--Section
17(f) of such Act (42 U.S.C. 1786(f)) (as amended by subsection (h)) is
further amended by adding at the end the following new paragraph:
``(24) The Secretary and the Secretary of Health and Human Services
shall carry out an initiative to assure that, in a case in which a
State medicaid program uses coordinated care providers under a contract
entered into under section 1903(m), or a waiver granted under section
1915(b), of the Social Security Act (42 U.S.C 1396b(m) or 1396n(b)),
coordination between the program authorized by this section and the
medicaid program is continued, including--
``(A) the referral of potentially eligible women, infants,
and children between the 2 programs; and
``(B) the timely provision of medical information related
to the program authorized by this section to agencies carrying
out the program.''.
(j) Extension of Program.--Section 17 of such Act (42 U.S.C. 1786)
is amended--
(1) in the first sentence of subsection (g)(1), by striking
``1991, 1992, 1993, and 1994'' and inserting ``1995 through
1998''; and
(2) in the first sentence of subsection (h)(2)(A), by
striking ``1990, 1991, 1992, 1993 and 1994'' and inserting
``1995 through 1998''.
(k) Use of Funds for Technical Assistance and Research Evaluation
Projects.--Section 17(g)(5) of such Act (42 U.S.C. 1786(g)(5)) is
amended--
(1) by striking ``and administration of pilot projects''
and inserting ``administration of pilot projects''; and
(2) by inserting before the period at the end the
following:``, and carrying out technical assistance and
research evaluation projects of the programs under this
section''.
(l) Breastfeeding Promotion and Support Activities.--Section
17(h)(3) of such Act (42 U.S.C. 1786(h)(3)) is amended--
(1) in subparagraph (A)(i)(II)--
(A) by striking ``an amount'' and inserting
``except as otherwise provided in subparagraphs (F) and
(G), an amount''; and
(B) by striking ``$8,000,000,'' and inserting ``the
national minimum breastfeeding promotion expenditure,
as described in subparagraph (E),''; and
(2) by adding at the end the following new subparagraphs:
``(E) In the case of fiscal year 1996 (except as provided in
subparagraph (G)) and each subsequent fiscal year, the national minimum
breastfeeding promotion expenditure means an amount that is--
``(i) equal to $21 multiplied by the number of pregnant
women and breastfeeding women participating in the program
nationwide, based on the average number of pregnant women and
breastfeeding women so participating during the last 3 months
for which the Secretary has final data; and
``(ii) adjusted for inflation on October 1, 1996, and each
October 1 thereafter, in accordance with paragraph (1)(B)(ii).
``(F) In the case of fiscal year 1995, a State shall pay, in lieu
of the expenditure required under subparagraph (A)(i)(II), an amount
that is equal to the lesser of--
``(i) an amount that is more than the expenditure of the
State for fiscal year 1994 on the activities described in
subparagraph (A)(i); or
``(ii) an amount that is equal to $21 multiplied by the
number of pregnant women and breastfeeding women participating
in the program in the State, based on the average number of
pregnant women and breastfeeding women so participating during
the last 3 months for which the Secretary has final data.
``(G)(i) If the Secretary determines that a State agency is unable,
for reasons the Secretary considers to be appropriate, to make the
expenditure required under subparagraph (A)(i)(II) for fiscal year
1996, the Secretary may permit the State to make the required level of
expenditure not later than October 1, 1996.
``(ii) In the case of fiscal year 1996, if the Secretary makes a
determination described in clause (i), a State shall pay, in lieu of
the expenditure required under subparagraph (A)(i)(II), an amount that
is equal to the lesser of--
``(I) an amount that is more than the expenditure of the
State for fiscal year 1995 on the activities described in
subparagraph (A)(i); and
``(II) an amount that is equal to $21 multiplied by the
number of pregnant women and breastfeeding women participating
in the program in the State, based on the average number of
pregnant women and breastfeeding women so participating during
the last 3 months for which the Secretary has final data.''.
(m) Development of Standards for the Collection of Breastfeeding
Data.--Section 17(h)(4) of such Act (42 U.S.C. 1786(h)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) not later than 1 year after the date of enactment of
this subparagraph, develop uniform requirements for the
collection of data regarding the incidence and duration of
breastfeeding among participants in the program and, on
development of the uniform requirements, require each State
agency to report the data for inclusion in the report to
Congress described in subsection (d)(4).''.
(n) Submission of Information to Congress on Waivers With Respect
to Procurement of Infant Formula.--Section 17(h)(8)(D)(iii) of such Act
(42 U.S.C. 1786(h)(8)(D)(iii)) is amended by striking ``at 6-month
intervals'' and inserting ``on a timely basis''.
(o) Cost Containment.--
(1) In general.--Section 17(h)(8)(G) of such Act (42 U.S.C.
1786(h)(8)(G)) is amended by adding at the end the following
new clause:
``(ix) Not later than September 30, 1996, the Secretary shall offer
to solicit bids on behalf of State agencies regarding cost containment
contracts to be entered into by infant cereal manufacturers and State
agencies. In carrying out this clause, the Secretary shall, to the
maximum extent feasible, follow the procedures prescribed in this
subparagraph regarding offers made by the Secretary with regard to
soliciting bids regarding infant formula cost containment contracts.
The Secretary may carry out this clause without issuing regulations.''.
(2) Repeal of termination of authority.--Section 209 of the
WIC Infant Formula Procurement Act of 1992 (Public Law 102-512;
42 U.S.C. 1786 note) is repealed.
(p) Prohibition on Interest Liability to Federal Government on
Rebate Funds.--Section 17(h)(8) of such Act (42 U.S.C. 1786(h)(8)) is
amended by adding at the end the following new subparagraph:
``(L) A State shall not incur any interest liability to the Federal
Government on rebate funds for infant formula and other foods if all
interest earned by the State on the funds is used for program
purposes.''.
(q) Use of Universal Product Codes.--Section 17(h)(8) of such Act
(42 U.S.C. 1786(h)(8)) (as amended by subsection (p)) is further
amended by adding at the end the following new subparagraph:
``(M)(i) The Secretary shall establish pilot projects in at least 1
State, with the consent of the State, to determine the feasibility and
cost of requiring States to carry out a system for using universal
product codes to assist retail food stores that are vendors under the
program in providing the type of infant formula that the participants
in the program are authorized to obtain. In carrying out the projects,
the Secretary shall determine whether the system reduces the incidence
of incorrect redemptions of low-iron formula or brands of infant
formula not authorized to be redeemed through the program, or both.
``(ii) The Secretary shall provide a notification to the Committee
on Education and Labor of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
regarding whether the system is feasible, is cost-effective, reduces
the incidence of incorrect redemptions described in clause (i), and
results in any additional costs to States.
``(iii) The system shall not require a vendor under the program to
obtain special equipment and shall not be applicable to a vendor that
does not have equipment that can use universal product codes.''.
(r) Use of Unspent Nutrition Services and Administration Funds.--
Section 17(h) of such Act (42 U.S.C. 1786(h)) is amended by adding at
the end the following new paragraph:
``(10)(A) For each of fiscal years 1995 through 1998, the Secretary
shall use for the purposes specified in subparagraph (B), $10,000,000
or the amount of nutrition services and administration funds for the
prior fiscal year that has not been obligated, whichever is less.
``(B) Funds under subparagraph (A) shall be used for--
``(i) development of infrastructure for the program under
this section, including management information systems;
``(ii) special State projects of regional or national
significance to improve the services of the program under this
section; and
``(iii) special breastfeeding support and promotion
projects, including projects to assess the effectiveness of
particular breastfeeding promotion strategies and to develop
State or local agency capacity or facilities to provide quality
breastfeeding services.''.
(s) Spendback Funds.--Section 17(i)(3) of such Act (42 U.S.C.
1786(i)(3)) is amended--
(1) in subparagraph (A)(i), by inserting ``(except as
provided in subparagraph (H))'' after ``1 percent''; and
(2) by adding at the end the following new subparagraph:
``(H) The Secretary may authorize a State agency to expend not more
than 3 percent of the amount of funds allocated to a State under this
section for supplemental foods for a fiscal year for expenses incurred
under this section for supplemental foods during the preceding fiscal
year, if the Secretary determines that there has been a significant
reduction in infant formula cost containment savings provided to the
State agency that would affect the ability of the State agency to at
least maintain the level of participation by eligible participants
served by the State agency.''.
(t) Elimination of Duplicative Migrant Reports.--Section 17 of such
Act (42 U.S.C. 1786) is amended--
(1) in subsection (d)(4), by inserting after ``Congress''
the following: ``and the National Advisory Council on Maternal,
Infant, and Fetal Nutrition established under subsection (k)'';
and
(2) by striking subsection (j).
(u) Initiative To Provide Program Services at Community and Migrant
Health Centers.--Section 17 of such Act (42 U.S.C. 1786) (as amended by
subsection (t)(2)) is further amended by inserting after subsection (i)
the following new subsection:
``(j)(1) The Secretary and the Secretary of Health and Human
Services (referred to in this subsection as the `Secretaries') shall
jointly establish and carry out an initiative for the purpose of
providing both supplemental foods and nutrition education under the
special supplemental nutrition program and health care services to low-
income pregnant, postpartum, and breastfeeding women, infants, and
children at substantially more community health centers and migrant
health centers.
``(2) The initiative shall also include--
``(A) activities to improve the coordination of the
provision of supplemental foods and nutrition education under
the special supplemental nutrition program and health care
services at facilities funded by the Indian Health Service; and
``(B) the development and implementation of strategies to
ensure that, to the maximum extent feasible, new community
health centers, migrant health centers, and other federally
supported health care facilities established in medically
underserved areas provide supplemental foods and nutrition
education under the special supplemental nutrition program.
``(3) The initiative may include--
``(A) outreach and technical assistance for State and local
agencies and the facilities described in paragraph (2)(A) and
the health centers and facilities described in paragraph
(2)(B);
``(B) demonstration projects in selected State or local
areas; and
``(C) such other activities as the Secretaries find are
appropriate.
``(4)(A) Not later than April 1, 1995, the Secretaries shall
provide to Congress a notification concerning the actions the
Secretaries intend to take to carry out the initiative.
``(B) Not later than July 1, 1996, the Secretaries shall provide to
Congress a notification concerning the actions the Secretaries are
taking under the initiative or actions the Secretaries intend to take
under the initiative as a result of their experience in implementing
the initiative.
``(C) On completion of the initiative, the Secretaries shall
provide to Congress a notification concerning an evaluation of the
initiative by the Secretaries and a plan of the Secretaries to further
the goals of the initiative.
``(5) As used in this subsection:
``(A) The term `community health center' has the meaning
given the term in section 330(a) of the Public Health Service
Act (42 U.S.C. 254c(a)).
``(B) The term `migrant health center' has the meaning
given the term in section 329(a)(1) of such Act (42 U.S.C.
254b(a)(1)).''.
(v) Expansion of Farmers' Market Nutrition Program.--
(1) Matching requirement for indian state agencies.--
Section 17(m)(3) of such Act (42 U.S.C. 1786(m)(3)) is amended
by adding at the end the following new sentence: ``The
Secretary may negotiate with an Indian State agency a lower
percentage of matching funds than is required under the
preceding sentence, but not lower than 10 percent of the total
cost of the program, if the Indian State agency demonstrates to
the Secretary financial hardship for the affected Indian tribe,
band, group, or council.''.
(2) Expansion.--Section 17(m)(5)(F) of such Act (42 U.S.C.
1786(m)(5)(F)) is amended--
(A) in clause (i), by striking ``15 percent'' and
inserting ``17 percent'';
(B) by striking clause (ii) and inserting the
following new clause:
``(ii) During any fiscal year for which a State receives
assistance under this subsection, the Secretary shall permit
the State to use not more than 2 percent of total program funds
for market development or technical assistance to farmers'
markets if the Secretary determines that the State intends to
promote the development of farmers' markets in socially or
economically disadvantaged areas, or remote rural areas, where
individuals eligible for participation in the program have
limited access to locally grown fruits and vegetables.''; and
(C) in clause (iii), strike ``for the
administration of the program''.
(3) Continued funding for certain states under farmers'
market nutrition program.--Subparagraph (A) of section 17(m)(6)
of such Act (42 U.S.C. 1786(m)(6)(A)) is amended to read as
follows:
``(A) The Secretary shall give the same preference for funding
under this subsection to eligible States that participated in the
program under this subsection in a prior fiscal year as to States that
participated in the program in the most recent fiscal year. The
Secretary shall inform each State of the award of funds as prescribed
by subparagraph (G) by February 15 of each year.''.
(4) Funding reduction floor.--Section 17(m)(6)(B)(ii) of
such Act (42 U.S.C. 1786(m)(6)(B)(ii)) is amended by striking
``$50,000'' each place it appears and inserting ``$75,000''.
(5) State plan submission date.--Section 17(m)(6)(D)(i) of
such Act (42 U.S.C. 1786(m)(6)(D)(i)) is amended by striking
``at such time and in such manner as the Secretary may
reasonably require'' and inserting ``by November 15 of each
year''.
(6) Percentage of annual appropriations available to states
under farmers' market nutrition program.--Section 17(m)(6)(G)
of such Act (42 U.S.C. 1786(m)(6)(G)) is amended--
(A) in the first sentence of clause (i), by
striking ``45 to 55 percent'' and inserting ``75
percent''; and
(B) in the first sentence of clause (ii), by
striking ``45 to 55 percent'' and inserting ``25
percent''.
(7) Data collection requirements.--Section 17(m)(8) of such
Act (42 U.S.C. 1786(m)(8)) is amended by striking subparagraphs
(D) and (E) and inserting the following new subparagraphs:
``(D) the change in consumption of fresh fruits and
vegetables by recipients, if the information is available;
``(E) the effects of the program on farmers' markets, if
the information is available; and''.
(8) Extension of coupon program.--Section 17(m)(10)(A) of
such Act (42 U.S.C. 1786(m)(10)(A))) is amended--
(A) by striking ``$3,000,000 for fiscal year 1992,
$6,500,000 for fiscal year 1993, and''; and
(B) by inserting before the period at the end ``,
$10,500,000 for fiscal year 1995, and such sums as may
be necessary for each of fiscal years 1996 through
1998''.
(9) Elimination of funding carryover provision under
farmers' market nutrition program.--Section 17(m)(10)(B)(i) of
such Act (42 U.S.C. 1786(m)(10)(B)(i)) is amended--
(A) in subclause (I), by striking ``Except as
provided in subclause (II), each'' and inserting
``Each''; and
(B) in subclause (II), by striking ``or may be
retained'' and all that follows and inserting a period.
(10) Elimination of reallocation of unexpended funds with
respect to demonstration projects under farmers' market
nutrition program.--Section 17(m)(10)(B)(ii) of such Act (42
U.S.C. 1786(m)(10)(B)(ii)) is amended by striking the second
sentence.
(11) Definition.--Section 17(m)(11)(D) of such Act (42
U.S.C. 1786(m)(11)(D)) is amended by inserting before the
period at the end the following: ``and any other agency
approved by the chief executive officer of the State''.
(12) Promotion by the secretary.--The Secretary of
Agriculture shall promote the use of farmers' markets by
recipients of Federal nutrition programs administered by the
Secretary.
(w) Change in Name of Program.--
(1) In general.--Section 17 of such Act (42 U.S.C. 1786) is
amended--
(A) by striking the section heading and inserting
the following new section heading:
``special supplemental nutrition program for women, infants, and
children'';
(B) in the first sentence of subsection (c)(1), by
striking ``special supplemental food program'' and
inserting ``special supplemental nutrition program'';
(C) in the second sentence of subsection (k)(1), by
striking ``special supplemental food program'' each
place it appears and inserting ``special supplemental
nutrition program''; and
(D) in subsection (o)(1)(B), by striking ``special
supplemental food program'' and inserting ``special
supplemental nutrition program''.
(2) Conforming amendments.--
(A) The second sentence of section 9(c) of the Food
Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended by
striking ``special supplemental food program'' and
inserting ``special supplemental nutrition program''.
(B) Section 685(b)(8) of the Individuals with
Disabilities Education Act (20 U.S.C. 1484a(b)(8)) is
amended by striking ``Special Supplemental Food Program
for Women, Infants and Children'' and inserting
``special supplemental nutrition program for women,
infants, and children''.
(C) Section 3803(c)(2)(C)(x) of title 31, United
States Code, is amended by striking ``special
supplemental food program'' and inserting ``special
supplemental nutrition program''.
(D) Section 399(b)(6) of the Public Health Service
Act (42 U.S.C. 280c-6(b)(6)) is amended by striking
``special supplemental food program'' and inserting
``special supplemental nutrition program''.
(E) Paragraphs (11)(C) and (53)(A) of section
1902(a) of the Social Security Act (42 U.S.C. 1396a(a))
are each amended by striking ``special supplemental
food program'' and inserting ``special supplemental
nutrition program''.
(F) Section 202(b) of the WIC Infant Formula
Procurement Act of 1992 (Public Law 102-512; 42 U.S.C.
1786 note) is amended by striking ``special
supplemental food program'' and inserting ``special
supplemental nutrition program''.
(3) References.--Any reference to the special supplemental
food program established under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786) in any provision of law,
regulation, document, record, or other paper of the United
States shall be considered to be a reference to the special
supplemental nutrition program established under such section.
SEC. 205. NUTRITION EDUCATION AND TRAINING PROGRAM.
(a) Name of Program.--Section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1788) is amended by striking ``information and education''
each place it appears in subsections (b), (c), (d)(1), (f)(1)(G), and
(j)(1) and inserting ``education and training''.
(b) Nutrition Education Programs.--The second sentence of section
19(c) of such Act (42 U.S.C. 1788(c)) is amended--
(1) in subparagraph (B), by striking ``school food
service'' and inserting ``child nutrition program'';
(2) by striking ``and'' at the end of subparagraph (C); and
(3) by inserting before the period at the end the
following: ``; and (E) providing information to parents and
caregivers regarding the nutritional value of food and the
relationship between food and health''.
(c) Nutrition Education and Training.--Section 19(d) of such Act
(42 U.S.C. 1788(d)) is amended--
(1) in paragraph (1)(C), by inserting before the period at
the end the following: ``, and the provision of nutrition
education to parents and caregivers'';
(2) in the first sentence of paragraph (4), by striking
``educational and school food service personnel'' and inserting
``educational, school food service, child care, and summer food
service personnel''; and
(3) in the first sentence of paragraph (5), by inserting
after ``schools'' the following: ``, and in child care
institutions and summer food service institutions,''.
(d) Use of Funds.--Section 19(f)(1) of such Act (42 U.S.C.
1788(f)(1)) is amended--
(1) by striking ``(f)(1) The funds'' and inserting
``(f)(1)(A) The funds'';
(2) by striking ``for (A) employing'' and inserting ``for--
``(i) employing'';
(3) by redesignating subparagraphs (B) through (I) as
clauses (ii) through (ix), respectively;
(4) by indenting the margins of each of clauses (ii)
through (ix) (as redesignated by paragraph (3)) so as to align
with the margins of clause (i) (as amended by paragraph (2));
(5) by striking ``and'' at the end of clause (viii);
(6) by redesignating clause (ix) as clause (xx);
(7) by inserting after clause (viii) the following new
clauses:
``(ix) providing funding for a nutrition component that can
be offered in consumer and homemaking education programs as
well as in the health education curriculum offered to children
in kindergarten through grade 12;
``(x) instructing teachers, school administrators, or other
school staff on how to promote better nutritional health and to
motivate children from a variety of linguistic and cultural
backgrounds to practice sound eating habits;
``(xi) developing means of providing nutrition education in
language appropriate materials to children and families of
children through after-school programs;
``(xii) training in relation to healthy and nutritious
meals;
``(xiii) creating instructional programming, including
language appropriate materials and programming, for teachers,
school food service personnel, and parents on the relationships
between nutrition and health and the role of the Food Guide
Pyramid established by the Secretary;
``(xiv) funding aspects of the Strategic Plan for Nutrition
and Education issued by the Secretary;
``(xv) encouraging public service advertisements, including
language appropriate materials and advertisements, to promote
healthy eating habits for children;
``(xvi) coordinating and promoting nutrition education and
training activities in local school districts (incorporating,
to the maximum extent practicable, as a learning laboratory,
child nutrition programs);
``(xvii) contracting with public and private nonprofit
educational institutions for the conduct of nutrition education
instruction and programs relating to the purpose of this
section;
``(xviii) increasing public awareness of the importance of
breakfasts for providing the energy necessary for the cognitive
development of school-age children;
``(xix) coordinating and promoting nutrition education and
training activities carried out under child nutrition programs,
including the summer food service program for children
established under section 13 of the National School Lunch Act
(42 U.S.C. 1761) and the child and adult care food program
established under section 17 of such Act (42 U.S.C. 1766);
and''; and
(8) by adding at the end the following new subparagraph:
``(B) As used in this paragraph, the term `language appropriate'
used with respect to materials, programming, or advertisements
means materials, programming, or advertisements, respectively,
using a language other than the English language in a case in which the
language is dominant for a large percentage of individuals
participating in the program.''.
(e) Administrative Purposes.--Section 19(f) of such Act (42 U.S.C.
1788(f)) is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) A State agency may use an amount equal to not more than 15
percent of the funds made available through a grant under this section
for expenditures for administrative purposes in connection with the
program authorized under this section if the State makes available at
least an equal amount for administrative or program purposes in
connection with the program.''.
(f) State Coordinators for Nutrition; State Plan.--Section 19(h) of
such Act (42 U.S.C. 1788(h)) is amended--
(1) in the first sentence of paragraph (2), by inserting
``and training'' after ``education''; and
(2) in the third sentence of paragraph (3)--
(A) by striking ``and'' at the end of subparagraph
(D); and
(B) by inserting before the period at the end the
following: ``; and (F) a comprehensive plan for
providing nutrition education during the first fiscal
year beginning after the submission of the plan and the
succeeding 4 fiscal years''.
(g) Authorization of Appropriations.--Section 19(i)(2)(A) of such
Act (42 U.S.C. 1788(i)(2)(A)) is amended to read as follows:
``(A) Out of any moneys in the Treasury not otherwise appropriated,
and in addition to any amounts otherwise made available for fiscal year
1995, the Secretary of the Treasury shall provide to the Secretary
$1,000 for fiscal year 1995 and $10,000,000 for fiscal year 1996 and
each succeeding fiscal year for making grants under this section to
each State for the conduct of nutrition education and training
programs. The Secretary shall be entitled to receive the funds and
shall accept the funds.''.
(h) Availability of Funds.--Section 19(i) of such Act (42 U.S.C.
1788(i)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Funds made available to any State under this section shall
remain available to the State for obligation in the fiscal year
succeeding the fiscal year in which the funds were received by the
State.''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. CONSOLIDATION OF SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST
PROGRAM INTO COMPREHENSIVE MEAL PROGRAM.
(a) In General.--Notwithstanding any provision of National School
Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), except as otherwise provided in this section,
the Secretary of Agriculture shall, not later than 18 months after the
date of enactment of this Act, develop and implement regulations to
consolidate the school lunch program under the National School Lunch
Act (42 U.S.C. 1751 et seq.) and the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) into a
comprehensive meal program.
(b) Requirements.--In establishing the comprehensive meal program
under subsection (a), the Secretary shall meet the following
requirements:
(1) The Secretary shall ensure that the program continues
to serve children who are eligible for free and reduced price
meals. The meals shall meet the nutritional requirements of
section 9(a)(1) of the National School Lunch Act (42 U.S.C.
1758(a)(1)) and section 4(e)(1) of the Child Nutrition Act of
1966 (42 U.S.C. 1773(e)(1)).
(2) The Secretary shall continue to make breakfast
assistance payments in accordance with section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) and food assistance
payments in accordance with the National School Lunch Act (42
U.S.C. 1751 et seq.).
(3) The Secretary may not consolidate any aspect of the
school lunch program or the school breakfast program with
respect to any matter described in any of subparagraphs (A)
through (N) of section 12(k)(4) of the National School Lunch
Act (42 U.S.C. 1760(k)(4)).
(c) Plan and Recommendations.--
(1) Plan for consolidation and simplification.--Not later
than 180 days prior to implementing the regulations described
in subsection (a), the Secretary shall prepare and submit to
the Committee on Education and Labor of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a plan for the consolidation and
simplification of the school lunch program and the school
breakfast program.
(2) Recommendations with respect to change in payment
amounts.--If the Secretary proposes to change the amount of the
breakfast assistance payment or the food assistance payment
under the comprehensive meal program, the Secretary shall not
include the change in the consolidation and shall prepare and
submit to the Committee on Education and Labor, and the
Committee on Agriculture, of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate recommendations for legislation to effect the change.
SEC. 302. STUDY AND REPORT RELATING TO USE OF PRIVATE FOOD
ESTABLISHMENTS AND CATERERS UNDER SCHOOL LUNCH PROGRAM
AND SCHOOL BREAKFAST PROGRAM.
(a) Study.--The Comptroller General of the United States, in
conjunction with the Director of the Office of Technology Assessment,
shall conduct a study on the use of private food establishments and
caterers by schools that participate in the school lunch program under
the National School Lunch Act (42 U.S.C. 1751 et seq.) or the school
breakfast program under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773). In conducting the study, the Comptroller General of
the United States shall--
(1) examine the extent to which, manner in which, and terms
under which the private food establishments and caterers supply
meals and food to students and schools that participate in the
school lunch program or the school breakfast program;
(2) determine the nutritional profile of all foods provided
to students during school hours;
(3) evaluate the impact that the services provided by the
establishments and caterers have on local child nutrition
programs and the ability of the establishments and caterers to
utilize the commodities under section 14 of the National School
Lunch Act (42 U.S.C. 1762a); and
(4) examine the impact that private food establishments and
caterers have on--
(A) student participation in the national school
lunch program;
(B) school food service employment;
(C) generation of revenues through school lunch
sales and a la carte sales of food in schools; and
(D) the number of students leaving schools during
lunch periods.
(b) Report.--Not later than September 1, 1996, the Comptroller
General of the United States shall submit to the Committee on Education
and Labor, and the Committee on Agriculture, of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that contains the findings,
determinations, and evaluations of the study conducted pursuant to
subsection (a).
SEC. 303. AMENDMENT TO COMMODITY DISTRIBUTION REFORM ACT AND WIC
AMENDMENTS OF 1987.
Section 3(h)(3) of the Commodity Distribution Reform Act and WIC
Amendments of 1987 (Public Law 100-237; 7 U.S.C. 612c note) is
amended--
(1) by striking ``Hawaii,''; and
(2) by adding at the end the following new sentence: ``The
requirement established in paragraph (1) shall apply to
recipient agencies in Hawaii only with respect to the purchase
of pineapples.''.
SEC. 304. STUDY OF THE EFFECT OF COMBINING FEDERALLY DONATED AND
FEDERALLY INSPECTED MEAT OR POULTRY.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the incidence and the effect of States restricting
or prohibiting a legally contracted commercial entity from physically
combining federally donated and inspected meat or poultry from another
State.
(b) Report.--Not later than September 1, 1996, the Comptroller
General of the United States shall submit to the Committee on Education
and Labor and the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes the findings,
determinations, and evaluations of the study conducted pursuant to
subsection (a).
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall become effective on October 1, 1994.
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103d CONGRESS
2d Session
S. 1614
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AMENDMENT