[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1614 Engrossed in Senate (ES)]
103d CONGRESS
2d Session
S. 1614
_______________________________________________________________________
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.
103d CONGRESS
2d Session
S. 1614
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Better Nutrition
and Health for Children Act of 1994''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS
Sec. 101. Delivery of commodities.
Sec. 102. Combined Federal and State commodity purchases.
Sec. 103. Nutritional requirements.
Sec. 104. Elimination of whole milk requirement.
Sec. 105. Use of free and reduced price meal eligibility information.
Sec. 106. Automatic eligibility of Head Start participants.
Sec. 107. Use of nutrition education and training program resources.
Sec. 108. Special assistance for schools electing to serve all children
free lunches or breakfasts.
Sec. 109. Definition of school.
Sec. 110. Reimbursement for meals, supplements, and milk under certain
programs contingent on timely submission of
claims and final program operations report.
Sec. 111. Organically produced agricultural products.
Sec. 112. Food and nutrition projects.
Sec. 113. Summer food service program for children.
Sec. 114. Commodity distribution program.
Sec. 115. Child and adult care food program.
Sec. 116. Homeless children nutrition program; demonstration program
for the prevention of boarder babies.
Sec. 117. Pilot projects.
Sec. 118. Food service management institute.
Sec. 119. Compliance and accountability.
Sec. 120. Duties of the Secretary of Agriculture relating to
nonprocurement debarment under certain
child nutrition programs.
Sec. 121. Nutrition education promotion program.
Sec. 122. Information clearinghouse.
Sec. 123. Guidance and grants for accommodating medical and special
dietary needs of children with
disabilities.
Sec. 124. Inspection of juice and juice products.
Sec. 125. Administration of nutrition programs.
TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS
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--OTHER RELATED PROVISIONS
Sec. 301. Distribution of commodities on certain Indian reservations.
TITLE IV--EFFECTIVE DATES
Sec. 401. Effective dates.
TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS
SEC. 101. DELIVERY OF COMMODITIES.
(a) In General.--Section 6 of the National School Lunch Act (42
U.S.C. 1755) is amended--
(1) by striking subsection (b) and inserting the following
new subsection:
``(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.'';
(2) by striking subsections (c) and (d); and
(3) by redesignating subsections (e) and (f) as subsections
(c) and (d), respectively.
(b) Conforming Amendments.--
(1) Subsection (f), and clauses (i) and (ii) of subsection
(g)(3)(A), of section 14 of such Act (42 U.S.C. 1762a) are
amended by striking ``section 6(e)'' and inserting ``section
6(c)''.
(2) The last sentence of section 16(a) of such Act (42
U.S.C. 1765(a)) is amended by striking ``section 6(e) of this
Act'' and inserting ``section 6(c)''.
(3) Section 17(h)(1)(B) of such Act (42 U.S.C.
1766(h)(1)(B)) is amended by striking ``section 6(e)'' and
inserting ``section 6(c)''.
SEC. 102. 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 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 schools in the State in
meals served under the school lunch program under this Act.''.
SEC. 103. NUTRITIONAL REQUIREMENTS.
(a) Technical Assistance for 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) Minimum Nutritional Requirements Measured by Weekly Average of
Nutrient Content of School Lunches.--Section 9(a)(1)(A) of such Act (42
U.S.C. 1758(a)(1)(A)) (as amended by subsection (a)) is further
amended--
(1) by striking ``; except that such minimum nutritional
requirements'' and inserting the following: ``, except that--
``(i) the minimum nutritional requirements'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new clause:
``(ii) the minimum nutritional requirements shall be
measured by not less than the weekly average of the nutrient
content of school lunches.''.
(c) 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 July 1, 1996, 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
July 1, 1996, 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)).
``(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 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 other approaches, including food-based menu
systems with nutrient analysis, as determined by the Secretary.
``(D) Schools may use any of the approaches described in
subparagraph (C) to meet the requirements of this paragraph.
``(3)(A) Not later than 120 days after the date of enactment of
this subsection, the Secretary shall submit to the authorizing
committees of Congress a detailed and specific plan that describes the
actions the Secretary will take to encourage schools that are
participating in the school lunch and school breakfast programs to
serve lunches and breakfasts under each program that are consistent
with the Guidelines.
``(B) The Secretary shall include in the plan--
``(i) a strategy for providing technical assistance to
States, State educational agencies, schools, and school food
service authorities to encourage consistency with the
Guidelines; and
``(ii) a strategy for informing State child nutrition
directors, school food service directors, parents, guardians,
and students of--
``(I) the provisions of the Guidelines;
``(II) the importance of implementing the
Guidelines; and
``(III) specific suggestions for dietary
modifications that would achieve the objectives of the
Guidelines.''.
SEC. 104. ELIMINATION OF WHOLE MILK REQUIREMENT.
Section 9(a)(2) of the National School Lunch Act (42 U.S.C.
1758(a)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking ``fluid whole milk and fluid unflavored
lowfat milk'' and inserting ``fluid milk, except that a State
educational agency may require schools in the State to offer
any type or types of milk to students''; and
(3) by adding at the end the following new subparagraph:
``(B)(i) The Secretary shall purchase 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. 105. USE OF FREE AND REDUCED PRICE MEAL ELIGIBILITY INFORMATION.
Clause (iii) of section 9(b)(2)(C) of the National School Lunch Act
(42 U.S.C. 1758(b)(2)(C)(iii)) is amended to read as follows:
``(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 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.)); 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 by a school 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. 106. 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) Effective Date.--The amendments made by subsection (a) shall
become effective on September 1, 1995.
SEC. 107. 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 103(c)) is further amended by adding at the end the
following new subsection:
``(g) In carrying out this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), a State educational agency shall,
particularly with regard to the responsibilities of the agency under
subsection (a)(3), 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. 108. 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. The school shall
require submission of applications for free and reduced price lunches,
or for free and reduced price lunches and breakfasts, in the first
school year of each 5-school-year period for which the school receives
special assistance payments under this paragraph, for the purpose of
calculating the special assistance payments.
``(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).''.
SEC. 109. DEFINITION OF SCHOOL.
(a) In General.--Section 12(d)(5) of the National School Lunch Act
(42 U.S.C. 1760(d)(5)) is amended--
(1) in the first sentence--
(A) in subparagraph (A), by striking ``under,'' and
inserting ``under and'';
(B) in subparagraph (B), by striking ``, and'' and
inserting a period; and
(C) by striking subparagraph (C); and
(2) in the second sentence, by striking ``of clauses (A)
and (B)''.
(b) Effective Date.--The amendments made by subsection (a) shall
become effective on October 1, 1995.
SEC. 110. REIMBURSEMENT FOR MEALS, SUPPLEMENTS, AND MILK UNDER CERTAIN
PROGRAMS CONTINGENT ON TIMELY SUBMISSION OF CLAIMS AND
FINAL PROGRAM OPERATIONS REPORT.
Section 12 of the National School Lunch 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 submitted to State agencies by
eligible schools, institutions, and service institutions for service of
meals, supplements, and milk under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) 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 reimbursements are 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).''.
SEC. 111. ORGANICALLY PRODUCED AGRICULTURAL PRODUCTS.
Section 12 of the National School Lunch Act (42 U.S.C. 1760) (as
amended by section 110) is further amended by adding at the end the
following new subsection:
``(k)(1) The Secretary shall make available, at the request of
State educational agencies and schools participating in the school
lunch program, information about means for schools to obtain
organically produced agricultural products (as defined in section 2103
of the Organic Foods Production Act of 1990 (7 U.S.C. 6502)), such as
meats, poultry products, fruits, products made from grains, dairy
products, and vegetables that are organically produced.''.
``(2) Paragraph (1) shall apply beginning on the date the Secretary
establishes an organic certification program for producers and handlers
of agricultural products in accordance with such Act (7 U.S.C. 6501 et
seq.).''.
SEC. 112. FOOD AND NUTRITION PROJECTS.
Section 12 of the National School Lunch Act (42 U.S.C. 1760) (as
amended by section 111) is further amended by adding at the end the
following new subsection:
``(l)(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 school, 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 section 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. 113. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) Order of Priority.--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:
``(A) School food authorities.
``(B) Units of local, municipal, or county government that
have demonstrated successful program performance in a prior
year.
``(C) Other units of local, municipal, or county
government, and private nonprofit organizations eligible under
paragraph (7).''.
(b) Private Nonprofit Organizations.--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 an unanticipated school closure''.
(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,''.
(e) Management and Administration Plan.--Section 13(n) of such Act
(42 U.S.C. 1761(n)) is amended--
(1) in paragraph (2), by adding ``and'' after the semicolon
at the end;
(2) in paragraph (3), by striking the semicolon at the end
and inserting a period; and
(3) by striking paragraphs (4) through (12).
(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 paragraph (3) as paragraph (2); and
(3) in paragraph (4), by striking ``paragraphs (1) and
(3)'' and inserting ``paragraphs (1) and (2)''.
(g) Hearings Regarding State Action on the Basis of Federal Review
Findings.--Section 13(q) of such Act (42 U.S.C. 1761(q)) (as amended by
paragraphs (1) and (2) of subsection (f)) is further amended by
inserting before paragraph (4) the following new paragraph:
``(3) A State shall not be required to provide a hearing to a
private nonprofit organization concerning a State action taken on the
basis of a Federal review finding with respect to a program carried out
under this section. If a State does not provide a hearing to the
organization concerning the action, the Secretary, on request, shall
provide a hearing to the organization concerning the action.''.
(h) Extension of Program.--Section 13(r) of such Act (42 U.S.C.
1761(r)) is amended by striking ``1994'' and inserting ``1998''.
(i) All-Day Activities.--The Secretary of Agriculture shall--
(1) not later than 180 days after the date of enactment of
this Act, 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. 114. COMMODITY DISTRIBUTION PROGRAM.
(a) Extension.--Section 14(a) of the National School Lunch Act (42
U.S.C. 1762a(a)) is amended by striking ``1994'' and inserting
``1998''.
(b) Nutritional Content.--Section 14(b) of such Act (42 U.S.C.
1762a(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraphs:
``(2) The Secretary shall improve the overall nutritional quality
of entitlement commodities (within the meaning of section 18) provided
to schools under the school lunch program to assist the schools in
improving the nutritional content of meals served under the program.
``(3) The Secretary shall--
``(A) require that nutritional content information labels
be placed on packages or shipments of commodities provided to
schools under the school lunch program; or
``(B) otherwise provide nutritional content information
regarding the commodities provided to schools under the school
lunch program.''.
SEC. 115. CHILD AND ADULT CARE FOOD PROGRAM.
(a) Reapplication for Assistance at 3-Year Intervals.--Section
17(d)(2)(A) of the National School Lunch Act (42 U.S.C. 1766(d)(2)(A))
is amended by striking ``2-year intervals'' and inserting ``3-year
intervals''.
(b) 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 a family or
group day care home sponsoring organization to conduct outreach and
recruitment to unlicensed family or group day care homes so that the
day care homes may become licensed.''.
(c) 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 encourage States to provide information
and training concerning child health and development to family or group
day care home sponsoring organizations.''.
(d) Extension of Statewide Demonstration Projects.--Section 17(p)
of such Act (42 U.S.C. 1766(p)) is amended--
(1) in paragraph (1)(A), strike ``25 percent of the
children served by such organization'' and insert ``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''.
(e) 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. 116. HOMELESS CHILDREN NUTRITION PROGRAM; DEMONSTRATION PROGRAM
FOR THE PREVENTION OF BOARDER BABIES.
(a) Homeless Children Nutrition Program.--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, including requirements that--
``(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 under the age of 6 at each site; and
``(B) each food service site operated by any of the
organizations 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, as apply to child care centers
participating in the child care food program
established 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 the 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
submitting an application.
``(d) Funding Priorities.--From the amount described in subsection
(f), 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 such 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) Funding.--
``(1) In general.--From funds made available under section
7(a)(5)(B)(i) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(a)(5)(B)(i)), the Secretary shall expend $3,000,000 for
fiscal year 1995 and each subsequent fiscal year to carry out
this section.
``(2) Exception.--The Secretary may expend less than the
amount described in paragraph (1) if there is an insufficient
number of suitable applicants to carry out projects under this
section. 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.
``(g) Definition of Emergency Shelter.--As used in this section,
the term `emergency shelter' has the meaning provided in section 321(2)
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11351(2)).''.
(b) Demonstration Program for the Prevention of Boarder Babies.--
Subsection (c) of section 18 of the National School Lunch Act (42
U.S.C. 1769(c)) is amended to read as follows:
``(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, transitional housing organization, or other 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.); and
``(III) 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 periodically report to the appropriate
committees of Congress 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. 117. PILOT PROJECTS.
(a) Fortified Fluid Milk.--Section 18 of the National School Lunch
Act (42 U.S.C. 1769) is amended by adding at the end the following new
subsection:
``(e)(1) 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 pilot
projects under this subsection, the Secretary shall report to the
appropriate committees of Congress 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) The pilot projects established under this subsection shall
terminate on the last day of the third year after the establishment of
the pilot projects.
``(B) The Secretary shall advise representatives of all districts
participating in the pilot projects that the districts may continue to
offer the fortified forms of milk described in paragraph (3) after the
project terminates.''.
(b) 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 (a)) is further amended by adding at the end the
following new subsection:
``(f)(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 (7), 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 shall use the funds provided under this
subsection to provide to the schools referred to in paragraph (1)--
``(A) per meal reimbursements, in addition to
reimbursements otherwise due the schools;
``(B) incentive awards to schools that agree to increase
the choices of the schools of qualified products during the
school year; or
``(C) qualified products acquired by the Secretary.
``(4) 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.
``(5) On request, the Secretary shall provide information to the
appropriate committees of Congress on the impact of the pilot project
on participating schools, including--
``(A) the extent to which school 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--
``(i) requiring that 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) requiring that each school participating in
the school lunch program increase the number of choices
of qualified products offered per meal; and
``(iii) mandating that 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.
``(6) Subject to the availability of funds appropriated to carry
out this subsection, the Secretary shall use not more than $10,000,000
for each of fiscal years 1995 through 1997 to carry out this
subsection.
``(7) 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.).''.
(c) 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 (b)) 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 lowfat dairy products and
lean meat and poultry products (including, subject to paragraph (7),
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 shall use the funds provided under this
subsection to provide to the schools referred to in paragraph (1)--
``(A) per meal reimbursements, in addition to
reimbursements otherwise due the schools;
``(B) incentive awards to schools that agree to increase
the choices of the schools of qualified products during the
school year; or
``(C) qualified products acquired by the Secretary.
``(4) 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.
``(5) On request, the Secretary shall provide information to the
appropriate committees of Congress on the impact of the pilot project
on participating schools, including--
``(A) the extent to which school 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--
``(i) requiring that 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) requiring that each school participating in
the school lunch program increase the number of choices
of qualified products offered per meal; and
``(iii) mandating that 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.
``(6) Subject to the availability of funds appropriated to carry
out this subsection, the Secretary shall use not more than $10,000,000
for each of fiscal years 1995 through 1997 to carry out this
subsection.
``(7) 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.).''.
SEC. 118. 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) (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 $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 for purposes of carrying out
subsection (a)(1).
``(2) Food service management institute.--
``(A) Funding.--Out of any moneys in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall provide to the Secretary $2,000,000 for
fiscal year 1995 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 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. 119. COMPLIANCE AND ACCOUNTABILITY.
Not later than 1 year after the date of enactment of this Act, the
Director of the Office of Technology Assessment shall submit a report
to the Committee on Education and Labor of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
that analyzes--
(1) the status of the coordinated review system authorized
under section 22 of the National School Lunch Act (42 U.S.C.
1769c);
(2) the advantages and disadvantages of the system; and
(3) the cost impact of the system on schools.
SEC. 120. DUTIES OF THE SECRETARY OF AGRICULTURE RELATING TO
NONPROCUREMENT DEBARMENT UNDER CERTAIN CHILD NUTRITION
PROGRAMS.
(a) Findings.--Congress finds that--
(1) in recent years, there has been an alarming number of
instances of price-fixing and bid-rigging regarding foods
purchased for--
(A) the school lunch program established under the
National School Lunch Act (42 U.S.C. 1751 et seq.); and
(B) the school breakfast program established under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773);
(2) effective educational and monitoring programs can
greatly reduce the incidence of price-fixing and bid-rigging by
companies that sell products to schools;
(3) reducing the incidence of price-fixing and bid-rigging
in connection with the school lunch and breakfast programs
could save school districts, parents, and taxpayers millions of
dollars per year; and
(4) the Comptroller General of the United States has noted
that bid-rigging awareness training is an effective means of
deterring improper collusion and bid-rigging.
(b) Nonprocurement Debarment.--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) 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 or for other good cause (as determined
by the Secretary), 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 1 year.
``(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 3 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 appropriate congressional committees 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 the nonprocurement debarment
proceedings described in subsection (d)(1) against the contractor who
has committed a 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 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; 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 appropriate congressional committees information regarding the
activities of the Secretary relating to anticompetitive activities,
fraud, nonprocurement debarment, and any waiver granted by the
Secretary under this section.''.
(c) Applicability.--Section 25 of the National School Lunch Act (as
added by subsection (b)) 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.
(d) 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
this Act or the amendment made by subsection (b).
SEC. 121. NUTRITION EDUCATION PROMOTION PROGRAM.
The National School Lunch Act (42 U.S.C. 1751 et seq.) (as amended
by section 120(b)) is further amended by adding at the end of each the
following new section:
``SEC. 26. NUTRITION EDUCATION PROMOTION PROGRAM.
``(a) In General.--The Secretary, using amounts received under
subsection (d), shall establish a nutrition education promotion program
to promote healthy eating habits among participants in the domestic
food assistance programs of the Department.
``(b) Conduct of Program.--In carrying out the program described in
subsection (a), the Secretary may--
``(1) develop or assist other persons in developing
appropriate educational materials, including public service
announcements, promotional publications, and press kits for the
purpose of promoting nutrition education;
``(2) distribute or assist other persons in distributing
the materials to appropriate public or private individuals and
entities; and
``(3) provide funds to public or private individuals and
entities, including teachers, child care providers, physicians,
health professional organizations, food service personnel,
school food authorities, and community-based organizations for
the purpose of assisting the individuals and entities in
conducting nutrition education promotion programs to promote
healthy eating habits among the participants in the domestic
food assistance programs of the Department.
``(c) Cooperative Agreements and Grants.--The Secretary may enter
into cooperative agreements with, and make grants to, Federal agencies,
State, and local governments, and other entities, to carry out the
program described in subsection (a).
``(d) Gifts, Bequests, and Devises.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may solicit, accept, use, and dispose of
gifts, bequests, or devises of services or property, both real
and personal, for the purpose of establishing and carrying out
the program described in subsection (a). Gifts, bequests, or
devises of money and proceeds from the sale of other property
received as gifts, bequests, or devises shall be deposited in
the Treasury and shall be available for disbursement on order
of the Secretary.
``(2) Criteria for acceptance.--The Secretary shall
establish criteria for determining whether to solicit and
accept gifts, bequests, or devises under paragraph (1),
including criteria that would ensure that the acceptance of any
gifts, bequests, or devises would not--
``(A) reflect unfavorably on the ability of the
Secretary to carry out the responsibilities of the
Secretary in a fair and objective manner; or
``(B) compromise, or appear to compromise, the
integrity of any governmental program or any officer or
employee involved in the program.''.
SEC. 122. INFORMATION CLEARINGHOUSE.
The National School Lunch Act (42 U.S.C. 1751 et seq.) (as amended
by section 121) is further amended by adding at the end the following
new section:
``SEC. 27. 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 each of fiscal years 1997
and 1998, and $75,000 for fiscal year 1999. The Secretary shall be
entitled to receive the funds and shall accept the funds.''.
SEC. 123. GUIDANCE AND GRANTS FOR ACCOMMODATING MEDICAL AND SPECIAL
DIETARY NEEDS OF CHILDREN WITH DISABILITIES.
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. 28. GUIDANCE AND GRANTS FOR ACCOMMODATING MEDICAL AND 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 which 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 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 guidances 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 90 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 guidance 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 2000 to carry out this subsection.''.
SEC. 124. INSPECTION OF JUICE AND JUICE PRODUCTS.
(a) In General.--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. 29. INSPECTION OF JUICE AND JUICE PRODUCTS.
``(a) Definition of Juice and Juice Product.--As used in this
section, the terms `juice' and `juice product' mean juice and a juice-
based product, respectively, for which a United States standard for a
grade has been issued by the Secretary under the Agricultural Marketing
Act of 1946 (7 U.S.C. 1621 et seq.).
``(b) Prohibition.--No State, State agency, or local agency shall
contract to procure, or make available, juice or a juice product for
use in the school lunch program established under this Act or the
school breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) unless the juice or juice
product was processed under in-plant inspection conducted by the
Secretary.
``(c) Regulations.--The Secretary shall issue such regulations as
are necessary to carry out this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
become effective on the date that is 270 days after the date of
enactment of this Act.
SEC. 125. ADMINISTRATION OF NUTRITION PROGRAMS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Agriculture shall issue regulations that--
(1) significantly ease the administrative and paperwork
burdens on participating schools and families with respect to--
(A) the school lunch program established under the
National School Lunch Act (42 U.S.C. 1751 et seq.); and
(B) the school breakfast program established under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); and
(2) streamline Federal, State, and local administration of
all programs established 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.).
TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS
SEC. 201. SCHOOL BREAKFAST PROGRAM.
(a) Technical Assistance for School Breakfast Program.--Section
4(e)(1) of the Child Nutrition Act of 1966 (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.''.
(b) Startup and Expansion of School Breakfast Program and Summer
Food Service Program for Children.--Subsection (g) of section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773(g)) is amended to read as
follows:
``startup costs
``(g)(1) The Secretary shall make payments, totalling not less than
$5,000,000 for each of fiscal years 1991 through 1996, $6,000,000 for
each of fiscal years 1997 and 1998, and $7,000,000 for fiscal year 1999
and each subsequent fiscal year, 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 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 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 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 national 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 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 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; and
``(ii) that agrees to operate the breakfast program
established with the assistance provided under this
section for a period of not less than 3 years.
``(B) The term `service institutions' 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) Funding for Homeless Children Nutrition Program.--Section 7(a)
of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) is amended--
(1) in the second sentence of paragraph (1), by striking
``paragraphs (2), (3), and (4) of this subsection'' and
inserting ``paragraphs (2) through (5)''; and
(2) in paragraph (5), by striking subparagraph (B) and
inserting the following new subparagraph:
``(B)(i) Notwithstanding any other provision of this subsection, of
the amounts that are provided under paragraph (1), before making the
allocations required under paragraphs (2), (3), and (4), the Secretary
shall allocate $3,000,000 for fiscal year 1995 and each subsequent
fiscal year to carry out section 17B of the National School Lunch Act.
``(ii) After making the allocations required under clause (i) and
paragraphs (2), (3), and (4), the Secretary shall allocate, for
purposes of administrative costs, any remaining amounts among States
that demonstrate a need for the amounts.''.
(b) Withholding of Funds for Serious Deficiency in State
Administration of Programs.--Section 7(a) of such Act (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 to carry out a program pursuant to either of such
Acts, is seriously deficient, and the State fails to correct the
deficiency within a period of time specified by the Secretary, the
Secretary may withhold from the State all or part of the funds
allocated to the State under this section and sections 13(k)(1) and 17
of the National School Lunch Act (42 U.S.C. 1761(k)(1) and 1766).
``(B) On a subsequent determination by the Secretary that the
administration of the program for which the Secretary withheld funds
under subparagraph (A), or compliance with the regulation issued to
carry out the program, is no longer seriously deficient and is carried
out in an acceptable manner, the Secretary may allocate all or part of
the funds withheld under subparagraph (A) to the State.''.
(c) 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''.
(d) 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 each study or survey of a program
authorized under this Act or the National School Lunch Act (42 U.S.C.
1751 et seq.) that is 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) in subsection (b) (as so designated)--
(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 elementary
schools, through each State agency, 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 secondary schools, through
State 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 subparagrah (E) (as so redesignated), by striking
``alcoholism and drug addiction, homelessness, and'' and
inserting ``homelessness and''.
(b) Presumptive Eligibility.--Section 17(d)(3) of such Act (42
U.S.C. 1786(d)(3)) is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraph:
``(B) Under the procedures, a pregnant woman who meets the income
eligibility standards shall be considered presumptively eligible to
participate in the program and shall be certified for participation
immediately, without delaying certification until an evaluation is made
concerning nutritional risk. A nutritional risk evaluation of the 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.''.
(c) 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.
(d) Coordination of WIC and Medicaid Programs Using Managed Care
Providers.--Section 17(f)(1)(C)(iii) is amended by inserting before the
semicolon at the end the following: ``, including medicaid programs
that use managed care providers under section 1903(m) or 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)''.
(e) 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''.
(f) 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) 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.).''.
(g) 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.''.
(h) 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 ``1991 through
1998''; and
(2) in the first sentence of subsection (h)(2)(A), by
striking ``1990, 1991, 1992, 1993 and 1994'' and inserting
``1990 through 1998''.
(i) 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'';
(2) by inserting before the period at the end the
following: ``, and carrying out technical assistance and
research evaluation projects of the programs established under
this section''; and
(3) by adding at the end the following new sentence: ``The
Secretary may allow the interagency transfer of funds made
available to carry out this paragraph to Federal and other
agencies to carry out projects and initiatives that are
consistent with program goals.''.
(j) Breastfeeding Promotion and Support Activities.--
(1) In general.--Section 17(h)(3) of such Act (42 U.S.C.
1786(h)(3)) is amended--
(A) in subparagraph (A)(i)(II), by striking
``$8,000,000,'' and inserting ``the national minimum
breastfeeding promotion expenditure, as described in
subparagraph (E),''; and
(B) by adding at the end the following new
subparagraph:
``(E) The national minimum breastfeeding promotion expenditure
shall be--
``(i) with respect to fiscal year 1995, the amount that is
equal to $21 multiplied by the number of pregnant women and
breastfeeding women participating in the program, based on the
average number of pregnant women and breastfeeding women during
the last 3 months for which the Secretary has final data; and
``(ii) with respect to each of fiscal years 1996 through
1998, the amount described in clause (i) adjusted for inflation
in accordance with paragraph (1)(B)(ii).''.
(2) Implementation.--The Secretary of Agriculture may
permit a State agency a period of not more than 2 years after
the effective date of this subsection to comply with the
expenditure required by reason of the amendments made by
paragraph (1).
(k) 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)(i) not later than 1 year after the effective date of
this subparagraph, develop uniform requirements for the
collection of data regarding the incidence and duration of
breastfeeding among participants in the program; and
``(ii) effective beginning on the date of the establishment
of the uniform requirements, require each State agency to
report the data for inclusion in the report to Congress
described in subsection (d)(4).''.
(l) 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''.
(m) Cost Containment.--
(1) In general.--Section 17(h)(8)(G) (42 U.S.C.
1786(h)(8)(G)) is amended--
(A) in clause (i)--
(i) in the first sentence, by striking
``The'' and inserting ``During each of fiscal
years 1995 and 1996, the''; and
(ii) by striking the second sentence and
inserting the following new sentence: ``If an
offer made under the preceding sentence results
in the implementation of contracts by 2 or more
State agencies, the Secretary shall also make
offers in accordance with the preceding
sentence during each of fiscal years 1997 and
1998.'';
(B) in clause (viii), by inserting after the first
sentence the following new sentence: ``In conducting an
offer under this clause, the Secretary shall attempt to
develop and use procurement procedures that are likely
to be broadly acceptable among State agencies.''; and
(C) by adding at the end the following new clause:
``(ix) If an offer made under clause (i) results in the
implementation of contracts by 2 or more State agencies, the Secretary
shall promptly offer to solicit bids on behalf of State agencies
regarding cost containment contracts to be entered into by infant
cereal or infant juice manufacturers, or both, 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. If the offer of
the Secretary to solicit bids regarding cost containment contracts for
infant cereal or infant juice, or both, results in the implementation
of contracts by 2 or more State agencies, the Secretary shall renew the
offer at appropriate intervals.''.
(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.
(n) 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 an 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 to carry out the
program.''.
(o) Use of Universal Product Codes.--Section 17(h)(8) of such Act
(42 U.S.C. 1786(h)(8)) (as amended by subsection (n)) is further
amended by adding at the end the following new subparagraph:
``(M)(i) The Secretary shall establish pilot projects 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) If the Secretary determines that the system is feasible,
cost-effective, and reduces the incidence of incorrect redemptions
described in clause (i), the Secretary shall establish such procedures
as the Secretary determines appropriate to require States to carry out
the system.
``(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.''.
(p) 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), the lesser
of $10,000,000 or the amount of unspent funds for nutrition services
and administration from the previous fiscal year.
``(B) Funds under subparagraph (A) shall be used for--
``(i) the development of infrastructure for the program
under this section, including management information systems;
``(ii) special State projects of regional or national
significance directed toward improving 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.''.
(q) 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 rebates 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.''.
(r) 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).
(s) 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 (r)(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 than are served on the date of enactment of the Better
Nutrition and Health for Children Act of 1994.
``(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 health centers referred to in subparagraphs
(A) and (B) of paragraph (2);
``(B) demonstration projects in selected States or local
areas; and
``(C) such other activities as the Secretaries consider
appropriate.
``(4) As used in this subsection:
``(A) The term `community health center' has the meaning
provided 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
provided in section 329(a)(1) of such Act (42 U.S.C.
254b(a)(1)).''.
(t) 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''; and
(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 up
to 1 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.''.
(3) Notification of award of funds.--Section 17(m)(6)(A) of
such Act (42 U.S.C. 1786(m)(6)(A)) is amended by adding at the
end the following new sentence: ``The Secretary shall inform
each State of the award of funds as prescribed by subparagraph
(G) by February 15 of each year.''.
(4) Minimum amount of grants.--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) Maintenance of effort.--Section 17(m)(6)(F)(iii) of
such Act (42 U.S.C. 1786(m)(6)(F)(iii)) is amended by striking
``reduce in any fiscal year'' and inserting ``reduce, in the
first full fiscal year of the Federal grant,''.
(7) Allocation of additional funds.--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 ``60
percent''; and
(B) in the first sentence of clause (ii), by
striking ``45 to 55 percent'' and inserting ``40
percent''.
(8) 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) if available, information on the change in
consumption of fresh fruits and vegetables by recipients;
``(E) if available, information on the effects of the
program on farmers' markets; and''.
(9) Authorization of appropriations.--Section 17(m)(10)(A)
of such Act (42 U.S.C. 1786(m)(10)(A)) is amended by striking
``and $8,000,000 for fiscal year 1994'' and inserting
``$8,000,000 for fiscal year 1994, $10,500,000 for fiscal year
1995, $12,500,000 for fiscal year 1996, $15,000,000 for fiscal
year 1997, and $18,000,000 for fiscal year 1998''.
(10) Elimination of reallocation of unexpended funds of
demonstration projects.--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 of state agency.--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: ``or 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.
(u) 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 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), 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) of such Act (42 U.S.C. 1788(f)) is
amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) The funds made available under this section may, under
guidelines established by the Secretary, be used by a State educational
agency for--
``(A) employing a nutrition education specialist to
coordinate the program, including travel and related personnel
costs;
``(B) undertaking an assessment of the nutrition education
needs of the State;
``(C) developing and carrying out a State plan of operation
and management for nutrition education;
``(D) coordinating and promoting nutrition education and
training activities in local school districts (incorporating,
to the maximum extent practicable, as a learning laboratory,
the child nutrition programs);
``(E) contracting with public and private nonprofit
educational institutions for the conduct of nutrition education
instruction and programs relating to the purpose of this
section;
``(F) providing funding for a nutrition component in the
health education curriculum offered to children in kindergarten
through grade 12;
``(G) instructing teachers, school administrators, or other
school staff on how to promote better nutritional health and to
motivate children to practice sound eating habits;
``(H) increasing public awareness of the importance of
breakfasts for providing the energy necessary for the cognitive
development of school-age children;
``(I) developing means of providing nutrition education to
children, and families of children, through after-school
programs;
``(J) creating instructional programming for teachers, food
service personnel, and parents on the relationships between
nutrition and health and the importance of the Food Guide
Pyramid established by the Secretary;
``(K) encouraging public service advertisements to promote
healthy eating habits for children;
``(L) achieving related nutrition education purposes,
including the preparation, testing, distribution, and
evaluation of visual aids and other informational and
educational materials; and
``(M) 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
(2) 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 overall administrative and supervisory or program
purposes in connection with the program authorized under this section
if the State makes available at least an equal amount for the
expenditures.''.
(e) 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''.
(f) Authorization of Appropriations.--Section 19(i)(2)(A) of such
Act (42 U.S.C. 1788(i)(2)(A)) is amended by striking ``nutrition
education and information programs'' and all that follows through the
period at the end and inserting ``nutrition education and training
programs $10,000,000 for fiscal year 1995 and each subsequent fiscal
year.''.
(g) 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--OTHER RELATED PROVISIONS
SEC. 301. DISTRIBUTION OF COMMODITIES ON CERTAIN INDIAN RESERVATIONS.
Section 3(j) of the Food Stamp Act of 1977 (7 U.S.C. 2012(j)) is
amended by adding at the end the following new sentence: ``For the
purpose of the distribution of commodities under section 4(b), the term
`reservation' includes the geographically defined area or areas
(including an urban area or areas) within the boundaries of former
reservations in Oklahoma, as defined by the Secretary of the Interior,
over which a tribal organization exercises governmental
jurisdiction.''.
TITLE IV--EFFECTIVE DATES
SEC. 401. EFFECTIVE DATES.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall become effective on October 1, 1994.
Passed the Senate August 25 (legislative day, August 18),
1994.
Attest:
Secretary.
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