[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1614 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 1614
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 2, 1993
Mr. Leahy (for himself, Mr. Harkin, Mr. Daschle, Mr. Rockefeller, and
Mr. Jeffords) introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
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 1993''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SPECIAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
Sec. 101. Full funding for WIC.
Sec. 102. WIC breastfeeding promotion.
Sec. 103. Expansion of WIC farmers' market program.
Sec. 104. Technical amendments.
TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS
Sec. 201. Providing milk to low-income children.
Sec. 202. Elimination of cost basis for severe need reimbursement.
Sec. 203. Low-fat yogurt as an allowable choice.
Sec. 204. Promotion of school breakfast program.
Sec. 205. Startup costs for school breakfast program.
Sec. 206. Expansion of school breakfast programs.
Sec. 207. State administrative expenses.
Sec. 208. Clarification of authority to ban junk foods.
Sec. 209. Nutrition education and training program.
TITLE III--SCHOOL LUNCH AND RELATED PROGRAMS
Sec. 301. Elimination of whole milk requirement.
Sec. 302. Low-fat yogurt as an allowable choice.
Sec. 303. Reports on increasing consumption of healthy foods in school
lunches.
Sec. 304. Information to parents concerning importance of nutrition.
Sec. 305. Income guidelines for free lunches served to elementary
school students.
Sec. 306. School flexibility.
Sec. 307. Automatic eligibility of Head Start participants.
Sec. 308. Special assistance payments.
Sec. 309. Promotion of healthy eating habits for children.
Sec. 310. Organic foods.
Sec. 311. Food and nutrition projects.
Sec. 312. Summer food service program for children.
Sec. 313. Commodity distribution program.
Sec. 314. Child and adult care food program.
Sec. 315. Meal supplements for children in afterschool care.
Sec. 316. Demonstration projects to improve food service for homeless
children.
Sec. 317. Pilot program to increase offerings of fruits and vegetables.
Sec. 318. Pilot program to increase consumption of low-fat dairy
products and lean meats.
Sec. 319. Pilot projects for fortified fluid milk; information on
fortified milk.
Sec. 320. Food service management institute and other institutions.
Sec. 321. Compliance and accountability.
Sec. 322. Nutrition guidance for child nutrition programs.
Sec. 323. Information clearinghouse.
TITLE IV--PROGRAM INTEGRITY
Sec. 401. Findings.
Sec. 402. Duties of the Secretary relating to anticompetitive
activities.
Sec. 403. Prevention and control of anticompetitive activities.
TITLE V--EFFECTIVE DATES
Sec. 501. Effective dates.
TITLE I--SPECIAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
SEC. 101. FULL FUNDING FOR WIC.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is
amended--
(1) in the second sentence of subsection (a)--
(A) by striking ``authorized'' and inserting
``established''; and
(B) by striking ``, up to the authorization levels
set forth in subsection (g) of this section,'';
(2) in subsection (c)--
(A) in the first sentence of paragraph (1), by
striking ``may'' and inserting ``shall''; and
(B) in paragraph (2), by striking ``appropriated''
and inserting ``made available'';
(3) in subsection (g)--
(A) by striking paragraph (1) and inserting the
following new paragraph:
``(1)(A) There are authorized to be--
``(i) appropriated to carry out this section such amounts
as are necessary for each of fiscal years 1995 through 2000;
and
``(ii) made available such amounts as are necessary for the
Secretary of the Treasury to fulfill the requirements of
subparagraph (B).
``(B)(i) For each of fiscal years 1996 through 2000, the Secretary
of the Treasury shall credit to a special fund of the Treasury an
amount equal to--
``(I) $254,000,000 for fiscal year 1996;
``(II) $407,000,000 for fiscal year 1997;
``(III) $384,000,000 for fiscal year 1998;
``(IV) $398,000,000 for fiscal year 1999; and
``(V) $411,000,000 for fiscal year 2000.
``(ii) Amounts in the fund--
``(I) shall be available only for the program authorized
under this section, exclusive of activities authorized under
subsection (m); and
``(II) shall be paid to the Secretary to carry out
subclause (I).
``(iii) For a fiscal year specified in clause (i), the amount
credited to the fund for the fiscal year shall be available for use in
the program only if appropriations Acts for the fiscal year, without
the addition of amounts provided under clause (i) for the fund, provide
new budget authority for the program of no less than--
``(I) $3,660,000,000 for fiscal year 1996;
``(II) $3,759,000,000 for fiscal year 1997;
``(III) $3,861,000,000 for fiscal year 1998;
``(IV) $3,996,000,000 for fiscal year 1999; and
``(V) $4,126,000,000 for fiscal year 2000.
``(C) As authorized by section 3 of the National School Lunch Act
(42 U.S.C. 1752), funds made available to carry out this section shall
remain available until expended.'';
(B) in the first sentence of paragraph (4), by
striking ``appropriated'' and inserting ``made
available''; and
(C) in paragraph (5), by striking ``appropriated''
and inserting ``made available'';
(4) in subsection (h)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``appropriated'' both places it appears and
inserting ``made available''; and
(ii) in subparagraph (C), by striking
``appropriated'' both places it appears and
inserting ``made available''; and
(B) in the first sentence of paragraph (2)(A), by
striking ``1990, 1991, 1992, 1993 and 1994'' and
inserting ``1990 through 2000''; and
(5) in subsection (l), by striking ``funds appropriated''
and inserting ``funds made available''.
SEC. 102. WIC BREASTFEEDING PROMOTION.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is
amended--
(1) in subsection (d)(4)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) the rate of breastfeeding among postpartum women
participating in the program, and expenditures for
breastfeeding promotion; and''; and
(2) in subsection (h)(3)(A)--
(A) in clause (i)(II), by striking ``$8,000,000''
and inserting ``$16,000,000''; and
(B) in clause (ii), by inserting after ``support
activities'' the following: ``(including the purchase
of breast pumps)''.
SEC. 103. EXPANSION OF WIC FARMERS' MARKET PROGRAM.
(a) In General.--Section 17(m) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(m)) is amended--
(1) in paragraph (3), by striking ``30 percent'' and
inserting ``25 percent'';
(2) in paragraph (5)(C)(ii), by inserting before the period
at the end the following: ``, except that the Secretary, at the
request of the State agency, may increase the amount under
unusual circumstances such as a natural disaster'';
(3) in paragraph (5)(F)--
(A) in clause (i), by striking ``15 percent'' and
inserting ``17 percent'';
(B) in clause (ii), by striking ``2 percent'' each
place it appears and inserting ``3 percent'';
(C) by redesignating clause (iii) as clause (iv);
and
(D) by inserting after clause (ii) the following
new clause:
``(iii) During any fiscal year for which a State receives
assistance under this subsection, the Secretary shall permit the State
to use 3 percent of total program funds for market development
(including the establishment of additional farmers' markets and the
improvement and expansion of participating markets) if the Secretary
determines that the State intends to promote--
``(I) the development of farmers' markets in socially or
economically disadvantaged areas where residents have limited
access to locally grown fruits and vegetables; or
``(II) the participation of--
``(aa) socially disadvantaged farmers (as defined
in section 2501(e)(2) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e)(2)));
``(bb) farmers located in very rural areas (as
defined by the Secretary); or
``(cc) farmers who own or operate small-scale or
limited-resource farms (as defined by the
Secretary).'';
(4) in paragraph (10)(A), 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''; and
(5) in paragraph (11)(D), by inserting before the period at
the end the following: ``or any other agency approved by the
chief executive officer of the State''.
(b) 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 and shall annually report to the
appropriate committees of Congress on the efforts of the Secretary to
carry out this subsection.
SEC. 104. TECHNICAL AMENDMENTS.
(a) Carryover Funds.--Section 17(i)(3)(A) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(i)(3)(A)) is amended by striking ``1
percent'' each place it appears in clauses (i) and (ii) and inserting
``3 percent''.
(b) Change of Name of WIC Program.--
(1) In general.--Section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786) is amended--
(A) by striking the section heading and inserting
the following new section heading:
``special 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 nutrition program'';
(C) in the second sentence of subsection (k)(1), by
striking ``special supplemental food program'' each
place it appears and inserting ``special nutrition
program''; and
(D) in subsection (o)(1)(B), by striking ``special
supplemental food program'' and inserting ``special
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 for women,
infants and children'' and inserting ``special
nutrition program for women, infants, and children''.
(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 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
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 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 nutrition
program''.
(F) Section 202 of the Children's Nutrition
Assistance Act of 1992 (Public Law 102-512; 42 U.S.C.
1786 note) is amended by striking ``special
supplemental food program'' each place it appears and
inserting ``special nutrition program''.
TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS
SEC. 201. PROVIDING MILK TO LOW-INCOME CHILDREN.
Section 3(a)(2) of the Child Nutrition Act of 1966 (42 U.S.C.
1772(a)(2)) is amended--
(1) by inserting ``(A)'' after ``shall not apply to'';
(2) by striking ``kindergarten''; and
(3) by inserting before the period at the end the
following: ``, (B) elementary schools in which at least 60
percent of the children participating in the school lunch
program authorized under the National School Lunch Act (42
U.S.C. 1751 et seq.) are eligible for free or reduced price
lunches, or (C) schools that do not participate in the school
lunch program but that participate in the school breakfast
program authorized under this Act''.
SEC. 202. ELIMINATION OF COST BASIS FOR SEVERE NEED REIMBURSEMENT.
Section 4(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(d))
is amended--
(1) in paragraph (1)(B), by striking ``, and in which'' and
all that follows through ``program''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) If at least 40 percent of the students at a school who
participate in the school lunch program established under the National
School Lunch Act (42 U.S.C. 1751 et seq.) are eligible to receive meals
at free or reduced prices, the school shall be entitled to receive the
meal reimbursement rate specified in subsection (b)(2).''.
SEC. 203. LOW-FAT YOGURT AS AN ALLOWABLE CHOICE.
Section 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C.
1773(e)(1)) is amended by adding at the end the following new
sentences: ``The Secretary shall permit schools to offer low-fat yogurt
as an alternative for eggs, meats, or other meat alternatives in the
school breakfast program. The Secretary may require that the yogurt be
enriched with proteins or other nutrients.''.
SEC. 204. PROMOTION OF SCHOOL BREAKFAST PROGRAM.
Section 4(f)(1) of the Child Nutrition Act of 1966 (42 U.S.C.
1773(f)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) In cooperation with State educational agencies, the Secretary
shall establish a program to promote the school breakfast program by--
``(i) marketing the program in a manner that expands
participation in the program by schools and students; and
``(ii) improving public education and outreach efforts that
enhance the public image of the program.''.
SEC. 205. STARTUP COSTS FOR SCHOOL BREAKFAST PROGRAM.
Section 4(g)(1) of the Child Nutrition Act of 1966 (42 U.S.C.
1773(g)(1)) is amended--
(1) in the first sentence, by striking ``and $5,000,000 for
each of the fiscal years 1991, 1992, 1993, and 1994,'' and
inserting ``, $5,000,000 for each of fiscal years 1991 through
1994, and $9,000,000 for each of fiscal years 1995 through
1998,''; and
(2) by inserting after the first sentence the following new
sentence: ``Of the amounts made available under the preceding
sentence for fiscal years 1995 through 1998, not more than
$3,000,000 shall be used to carry out the expansion program
authorized by subsection (i) for each of fiscal years 1995 and
1996, and not more than $4,000,000 shall be used to carry out
the expansion program for each of fiscal years 1997 and
1998.''.
SEC. 206. EXPANSION OF SCHOOL BREAKFAST PROGRAMS.
Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is
amended by adding at the end the following new subsection:
``expansion of programs
``(h)(1) With funds made available to carry out this subsection
under subsection (g)(1), the Secretary shall make payments on a
competitive basis to State educational agencies in a substantial number
of States for distribution to eligible schools to assist the schools
with expenses incurred in expanding a school breakfast program
established under this section. Payments received under this subsection
shall be in addition to payments to which State educational agencies
are entitled under subsection (b).
``(2) In making payments under this subsection in any fiscal year,
the Secretary shall provide a preference to State educational agencies
that submit to the Secretary--
``(A) a plan to expand school breakfast programs conducted
in the State, including a description of--
``(i) the manner in which the agency will provide
technical assistance and funding to schools in the
State to expand the programs; or
``(ii) significant public or private resources that
have been assembled to carry out the expansion of the
programs during the year; or
``(B) documentation of the need for--
``(i) equipment, including the purchase,
replacement, or upgrading of equipment associated with
expanding the school breakfast program; or
``(ii) other needs, including a need for temporary
personnel, or funds to defray administrative or other
costs associated with expanding the school breakfast
program.
``(3) Subparagraphs (B) and (C) of subsection (g)(2), and
paragraphs (3) through (5) of subsection (g), shall apply to payments
made under this subsection.''.
SEC. 207. STATE ADMINISTRATIVE EXPENSES.
Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is
amended--
(1) in subsection (a)(2)--
(A) in the first sentence, by inserting after ``1
percent'' the following: ``plus $780,000,''; and
(B) in the second sentence, by striking ``September
30, 1981, or $100,000'' and inserting ``September 30,
1993, or $175,000''; and
(2) by striking subsection (h) and inserting the following
new subsection:
``(h)(1) In addition to the funds allocated pursuant to the other
provisions of this section, the Secretary shall make available to each
State, for administrative costs incurred for any fiscal year in
connection with the distribution of commodities, an amount equal to not
less than 1 percent, and not more than 1\1/2\ percent, of the value of
the commodities distributed by the Secretary to each State pursuant to
this Act and the National School Lunch Act (42 U.S.C. 1751 et seq).
``(2) The allocation required under this subsection shall be made
to the State agency responsible for the distribution of commodities
authorized under this Act and the National School Lunch Act.''.
SEC. 208. CLARIFICATION OF AUTHORITY TO BAN JUNK FOODS.
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) Except as provided in paragraph (2), the
regulations''; and
(B) by adding at the end the following new
paragraphs:
``(2) The regulations shall authorize State agencies and school
food authorities to establish rules and policies that are more
stringent than the minimum requirements imposed by the Secretary,
including prohibiting or controlling the sale of any competitive foods
throughout the school campus at any time during the school day.
``(3) The Secretary shall develop and recommend to each State
agency and school food authority model language that bans the sale of
competitive foods of minimal nutritional value anywhere on school
grounds before the end of the last lunch period.''.
SEC. 209. NUTRITION EDUCATION AND TRAINING PROGRAM.
(a) Use of Funds.--Section 19(f)(1) of the Child Nutrition Act of
1966 (42 U.S.C. 1788(f)(1)) is amended--
(1) by striking ``for (A) employing'' and inserting ``for--
``(A) employing'';
(2) by indenting the margins of each of subparagraphs (B)
through (I) as so to align with the margin of subparagraph (A)
(as amended by paragraph (1));
(3) by striking ``and'' at the end of subparagraph (H);
(4) by redesignating subparagraph (I) as subparagraph (Q);
and
(5) by inserting after subparagraph (H) the following new
subparagraphs:
``(I) providing funding for a nutrition component in the
health education curriculum offered to children in kindergarten
through grade 12;
``(J) instructing teachers, school administrators, or other
school staff on how to promote better nutritional health and to
motivate children to practice sound eating habits;
``(K) developing means of providing nutrition education to
children and families of children through after-school
programs;
``(L) training in relation to healthy and nutritious meals;
``(M) creating instructional programming for teachers,
school food service personnel, and parents on the relationships
between nutrition and health and the role of the food guide
pyramid established by the Secretary;
``(N) funding aspects of the Strategic Plan for Nutrition
and Education issued by the Secretary;
``(O) increasing evaluation efforts at the State level
regarding needs assessment for nutrition education efforts;
``(P) encouraging public service advertisements to promote
healthy eating habits for children; and''.
(b) Authorization of Appropriations.--Section 19(i)(2)(A) of such
Act is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(v) $30,000,000 for each of fiscal years 1995 through
1998.''.
TITLE III--SCHOOL LUNCH AND RELATED PROGRAMS
SEC. 301. ELIMINATION OF WHOLE MILK REQUIREMENT.
Section 9(a)(2) of the National School Lunch Act (42 U.S.C.
1758(a)(2)) is amended by striking ``fluid whole milk and fluid
unflavored lowfat milk'' and inserting ``fluid milk''.
SEC. 302. LOW-FAT YOGURT AS AN ALLOWABLE CHOICE.
Section 9(a)(2) of the National School Lunch Act (42 U.S.C.
1758(a)(2)) is amended by adding at the end the following new
sentences: ``The Secretary shall permit schools to offer low-fat yogurt
as an alternative for meats, eggs, cooked dry beans or peas, peanut
butter, or other meat alternatives in the school lunch program. The
Secretary may require that the yogurt be enriched with proteins or
other nutrients.''.
SEC. 303. REPORTS ON INCREASING CONSUMPTION OF HEALTHY FOODS IN SCHOOL
LUNCHES.
Not later than 3 years after the date of enactment of this Act, the
Secretary of Agriculture shall submit to the appropriate committees of
Congress--
(1) a report on the impact on the nutritional health of
children of increasing the number of servings of fruits and
vegetables offered or served in lunches served by schools
participating in the school lunch program established under the
National School Lunch Act (42 U.S.C. 1751 et seq.) from 2 to 3
servings per lunch, including--
(A) a summary of school food practices regarding
offerings of fruits and vegetables during lunch; and
(B) a description of the desirability of providing
an additional Federal reimbursement as an incentive to
encourage schools to offer or serve 3 or more fruits or
vegetables per lunch;
(2) a report on means by which the Secretary has encouraged
students participating in the school lunch program to increase
consumption of--
(A) fresh fruits and vegetables;
(B) fiber-rich, low-sodium, whole grains, breads,
and pastas;
(C) low-fat, low-sodium soups and stews;
(D) low-fat yogurt, cheeses, and other dairy
products;
(E) reduced-fat or leaner meats;
(F) low-fat salad dressings; and
(G) other similar low-fat, reduced-fat, low-sodium,
or high-fiber foods; and
(3) a report on the actions the Secretary has taken--
(A) to reduce the fat, saturated fat, sodium, or
sugar content of the bonus and entitlement commodities
the Secretary donates to schools; and
(B) to carry out paragraph (2) of section 14(b) of
the National School Lunch Act (42 U.S.C. 1762a(b)) (as
added by section 313(2)(B)).
SEC. 304. INFORMATION TO PARENTS CONCERNING IMPORTANCE OF NUTRITION.
Section 9(a) of the National School Lunch Act (42 U.S.C. 1758(a))
is amended by adding at the end the following new paragraph:
``(5)(A) The Secretary shall carry out a program to assist States
through grants-in-aid and other means to provide information to parents
concerning the importance of nutrition for good health by carrying out
parent-student education programs and programs to encourage parents to
visit schools with their children to see the operation of the school
lunch program established under this Act and the school breakfast
program established under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.).
``(B) There are authorized to be appropriated to carry out
subparagraph (A) $2,000,000 for each fiscal year.''.
SEC. 305. INCOME GUIDELINES FOR FREE LUNCHES SERVED TO ELEMENTARY
SCHOOL STUDENTS.
The second sentence of section 9(b)(1)(A) of the National School
Lunch Act (42 U.S.C. 1758(b)(1)(A)) is amended by inserting after ``130
percent'' the following: ``(or, in the case of a student attending an
elementary school, 185 percent)''.
SEC. 306. SCHOOL FLEXIBILITY.
Section 9(b)(5) of the National School Lunch Act (42 U.S.C.
1758(b)(5)) is amended by adding at the end the following new
sentences: ``A State agency or local school food authority shall use
information concerning the eligibility of a child for free or reduced
price meals for the purpose of determining the eligibility of the child
for free or reduced price meals. A State agency or local school food
authority may use a determination of the eligibility of a child for
free or reduced price meals to demonstrate the eligibility of the child
for benefits under other Federal, State, or local means-tested
programs.''.
SEC. 307. AUTOMATIC ELIGIBILITY OF HEAD START PARTICIPANTS.
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 of the
clause;
(C) in clause (ii)--
(i) by inserting ``a member of'' after
``(ii)''; and
(ii) by striking the period at the end of
the clause and inserting ``; or''; and
(D) by adding at the end the following new clause:
``(iii) enrolled as a participant in the Head Start program
authorized under the Head Start Act (42 U.S.C. 9831 et
seq.).''; and
(2) in subparagraph (B), by striking ``food stamps or aid
to families with dependent children'' and inserting ``food
stamps, aid to families with dependent children, or enrollment
or participation in the Head Start program''.
SEC. 308. SPECIAL ASSISTANCE PAYMENTS.
Section 11(a)(1) of the National School Lunch Act (42 U.S.C.
1759a(a)(1)) is amended by striking ``lunches'' each place it appears
in the third and fourth sentences and inserting ``meals''.
SEC. 309. PROMOTION OF HEALTHY EATING HABITS FOR CHILDREN.
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) The Secretary shall develop, and make available to the
public, public service advertisements that promote healthy eating
habits for children.''.
SEC. 310. ORGANIC FOODS.
Section 12 of the National School Lunch Act (42 U.S.C. 1760) (as
amended by section 309) is further amended by adding at the end the
following new subsection:
``(k)(1) The Secretary shall advise State educational agencies and
schools participating in the school lunch program about the increased
opportunities offered by the Organic Foods Production Act of 1990 (7
U.S.C. 6501 et seq.), and by programs established under this
subsection, for schools to obtain organically produced agricultural
products (as defined in section 2103 of such Act (7 U.S.C. 6502))
(referred to in this subsection as `organically produced agricultural
products') such as meats, poultry products, fruits, products made from
grains, dairy products, and vegetables that are organically produced.
``(2) The Secretary shall--
``(A) establish an information clearinghouse to provide
information on where to obtain organically produced
agricultural products;
``(B) collect, obtain, or develop information regarding the
availability of organically produced agricultural products; and
``(C) provide the information, or make the information
readily available, to State educational agencies and schools
participating in the school lunch program established under
this Act or the school breakfast program established under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
``(3) Out of any moneys in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall provide to the Secretary $2,000,000
for each of fiscal years 1995 through 1997. The Secretary shall be
entitled to receive the funds and shall accept the funds.
``(4)(A) The Secretary shall use the funds provided under paragraph
(3) to provide to States and schools participating in the school lunch
program authorized under this Act or the school breakfast program
authorized under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773)--
``(i) organically produced agricultural products purchased
by the Secretary; or
``(ii) incentive awards or other payments in such amounts
as the Secretary determines appropriate to encourage the
purchase of organically produced agricultural products by
schools that agree to purchase significant quantities of the
products.
``(B) In carrying out subparagraph (A)(ii), the Secretary may
provide--
``(i) payments to schools to assist in covering the price
differential between products that are not organically produced
agricultural products and organically produced agricultural
products;
``(ii) incentive awards to schools that agree to purchase
significant quantities (as determined by the Secretary) of
organically produced agricultural products during the school
year; or
``(iii) other types of payments to schools to promote the
use of organically produced agricultural products by school
lunch and breakfast programs.
``(5) The Secretary shall report to the appropriate committees of
Congress on the numbers of schools affected by the program established
under this subsection and on the effectiveness of the program in
encouraging the purchase of organically produced agricultural products
by schools.
``(6) The Secretary may provide a priority for receiving funds
under this subsection to schools that purchase organically produced
products from--
``(A) socially disadvantaged farmers or ranchers (as
defined in section 2501(e)(2) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)(2)));
``(B) farmers or ranchers located in very rural areas (as
defined by the Secretary); or
``(C) farmers or ranchers who own or operate small-scale or
limited-resource farms or ranches (as defined by the
Secretary).''.
SEC. 311. FOOD AND NUTRITION PROJECTS.
Section 12 of the National School Lunch Act (42 U.S.C. 1760) (as
amended by section 310) is further amended by adding at the end the
following new subsection:
``(l)(1) The Secretary shall award on an annual basis grants to
private nonprofit educational organizations in 3 States to create and
demonstrate food and nutrition projects that are fully integrated with
elementary school curricula.
``(2) Each private nonprofit organization referred to in paragraph
(1) shall be selected by the Secretary and shall--
``(A) assist local schools and educators in teaching food
and nutrition education that integrates math, science, and
verbal skills in the elementary grades;
``(B) assist local schools and educators in teaching
sustainable agricultural practices and ecology through
practical applications, like gardening;
``(C) assist in teaching the importance of community-based
models to combat hunger;
``(D) create community service learning opportunities;
``(E) be experienced in assisting in the creation of
curriculum-based models in elementary schools;
``(F) be sponsored by an organization, or be an
organization, that provides information concerning hunger and
community involvement; and
``(G) 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) Out of any moneys in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall provide to the Secretary for
payment to each of the 3 private nonprofit educational organizations
selected under this section not less than $100,000 nor more than
$200,000 for each of fiscal years 1994 through 1998. The Secretary
shall be entitled to receive the funds and shall accept the funds.
``(4) The Secretary shall establish fair and reasonable auditing
procedures regarding the expenditure of funds under this subsection.''.
SEC. 312. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) Definition of Areas in Which Poor Economic Conditions Exist.--
Section 13(a)(1)(C) of the National School Lunch Act (42 U.S.C.
1761(a)(1)(C)) is amended by striking ``50 percent'' and inserting ``40
percent''.
(b) Private Nonprofit Organizations.--
(1) Limits on sites and number of children served.--Section
13(a)(7)(B) of such Act is amended by striking clause (i) and
inserting the following new clause:
``(i) serve a total of not more than 3,000 children per day
at not more than 20 sites, with not more than 500 children
being served at any 1 site;''.
(2) Vendors; waiting period.--Section 13(a)(7) of such Act
is amended--
(A) in subparagraph (B)(ii), by inserting before
the semicolon at the end the following: ``, except as
provided in subparagraph (C)''; and
(B) by striking subparagraph (C) and inserting the
following new subparagraph:
``(C) A State may, with the approval of the Secretary, grant a
waiver to a private nonprofit organization from the eligibility
requirements of subparagraph (B)(ii) to permit the organization to
obtain meals from a vendor under the same terms and conditions as other
service institutions, if the State determines that other reasonable
alternatives do not exist and that failure to grant a waiver will
result in the lack of the establishment of a feeding site for children
in the area.''.
(c) Second Helpings.--Section 13(a) of such Act is amended by
adding at the end the following new paragraph:
``(8) In carrying out this section, the Secretary shall issue
regulations that provide an allowance for second helpings of up to 5
percent.''.
(d) Single Rate for Operational and Administrative Costs.--
(1) In general.--Paragraph (1) of section 13(b) of such Act
is amended to read as follows:
``(1)(A) Except as otherwise provided in this paragraph, payments
to service institutions shall equal the full cost of food service
operations, including the cost of obtaining, preparing, and serving
food, and administrative costs.
``(B) Payments to an institution may not exceed--
``(i) $2.2375 for each lunch and supper served;
``(ii) $1.2425 for each breakfast served; and
``(iii) 58.75 cents for each meal supplement served.
``(C) The amounts specified in subparagraph (B) shall be adjusted
on January 1, 1994, and each January 1 thereafter, to the nearest \1/4\
cent in accordance with the changes for the 12-month period ending the
preceding November 30 in the series for food away from home of the
Consumer Price Index for All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.
``(D) Notwithstanding any other provision of this paragraph,
reimbursement for administrative costs of a service institution shall
not exceed 12 percent of the total reimbursement provided to the
service institution under this paragraph.''.
(2) Conforming amendments.--Section 13(b) of such Act is
amended--
(A) in paragraph (3), by striking the second
sentence; and
(B) by striking paragraph (4).
(e) Offer vs. Serve Option.--Section 13(b)(2) of such Act is
amended by adding at the end the following new sentences: ``The
Secretary shall issue regulations that allow schools that are service
institutions and that prepare and serve meals on-site to permit
children to refuse 1 food item that the children do not intend to
consume without lowering the Federal reimbursement levels that are due
under the program established by this section and be treated in the
same manner as a service institution that serves meals under the
program.''.
(f) Reimbursement for Transportation.--Section 13(b) of such Act
(as amended by subsection (d)(2)(B)) is further amended by adding at
the end the following new paragraph:
``(4)(A) The Secretary shall provide an additional reimbursement to
each eligible service institution located in a very rural area (as
defined by the Secretary) for the cost of transporting each child to
and from a feeding site for children who are brought to the site by the
service institution or for whom transportation is arranged by the
service institution.
``(B) Subject to subparagraph (C), the amount of reimbursement
provided to a service institution under this paragraph may not exceed
the lesser of--
``(i) 75 cents per day for each child transported to and
from a feeding site; or
``(ii) the actual cost of transporting children to, and
home from, a feeding site.
``(C) The amounts specified in subparagraph (B) shall be adjusted
in accordance with paragraph (1)(C).''.
(g) Startup Costs.--Section 13 of such Act is amended--
(1) in subsection (g), by striking the second and third
sentences;
(2) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(3) by inserting after subsection (f) the following new
subsection:
``(g)(1) The Secretary shall make payments, totalling not less than
$2,000,000 for each fiscal year, to States for distribution to service
institutions in a substantial number of States to assist the
institutions with nonrecurring expenses incurred in initiating the
summer food service program. Payments received under this subsection
shall be in addition to payments to which States are entitled under
other provisions of this section and shall be used for increasing the
number of feeding sites or the total meals served.
``(2) In making payments under this subsection for any fiscal year,
the Secretary shall, to the maximum extent practicable, ensure a wide
geographic distribution among the States receiving the payments.
``(3) In making payments under this subsection for any fiscal year,
the Secretary shall provide a preference to States--
``(A)(i) in which the number of children participating in
the program authorized by this section represents the lowest
percentages of the number of children receiving free or reduced
price meals under the national school lunch program; or
``(ii) that do not have a summer food service program
available to a large number of low-income children in the
State; and
``(B) that submit to the Secretary a plan to expand the
programs conducted in the State, including a description of--
``(i) the manner in which the State will provide
technical assistance to service institutions in the
State to expand the programs; or
``(ii) significant public or private resources that
have been assembled to carry out the expansion of the
programs during the year.
``(4) Funds made available under this subsection that are not used
by the State shall be available to the Secretary for distribution to
the States during the following fiscal year, in accordance with
procedures established by the Secretary.
``(5) The Secretary shall allow States to apply on an annual basis
for assistance under this subsection.
``(6) In allocating funds within the State, each State shall give
preference for assistance under this subsection to service institutions
in areas that demonstrate the greatest need for the program or that are
in areas in which poor economic conditions exist.
``(7) Each State shall ensure that--
``(A) service institutions receiving assistance under this
subsection establish additional feeding sites that provide meal
service to children in previously unserved areas; or
``(B) as a result of receiving the assistance, service
institutions serve more meals than were served in the previous
year.
``(8) Expenditures of funds from State and local sources for the
maintenance of the program shall not be diminished as a result of
payments received under this subsection.
``(9) Not later than January 1, 1996, the Secretary 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 concerning the efforts of the Secretary and the
States to increase the participation of service institutions in the
program.
``(10) As used in this subsection, the term `service institution'
means a service institution (as defined in subsection (a)(1)(B)) that--
``(A) will serve children a significant percentage of whom
are members of low-income families; and
``(B) agrees to operate the summer food service program
established with the assistance provided under this subsection
for a period of not less than 3 years.''.
(h) Authorization of Appropriations.--Section 13(r) of such Act is
amended by striking ``1994'' and inserting ``1998''.
SEC. 313. COMMODITY DISTRIBUTION PROGRAM.
Section 14 of the National School Lunch Act (42 U.S.C. 1762a) is
amended--
(1) in subsection (a), by striking ``1994'' and inserting
``1998''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new
paragraphs:
``(2) The Secretary shall improve the overall nutritional quality
of entitlement commodities provided to schools to assist the schools in
furthering the nutritional goals for meals established under section
24.
``(3) The Secretary shall--
``(A) require that nutritional content information labels
be placed on packages or shipments of entitlement commodities
provided to the schools; or
``(B) otherwise provide nutritional content information
regarding the commodities provided to the schools.''.
SEC. 314. CHILD AND ADULT CARE FOOD PROGRAM.
(a) Definition of Institution.--The second sentence of section
17(a) of the National School Lunch Act (42 U.S.C. 1766(a)) is amended
by striking ``for which it receives compensation from amounts granted
to the States under title XX of the Social Security Act (but only if
such organization receives compensation under such title for at least
25 percent of its enrolled children or 25 percent of its licensed
capacity, whichever is less)'' and inserting ``if at least 25 percent
of the children served by the organization meet the income eligibility
criteria established under section 9(b) for free or reduced price
meals''.
(b) Expansion Funds.--Section 17(f)(3)(C) of such Act is amended--
(1) in the last sentence, by striking ``two months'' and
inserting ``6 months''; and
(2) by adding at the end the following new sentences:
``Expansion funds may be used to conduct outreach to unlicensed
day care homes to enable the day care homes to become licensed
and to participate in the program established under this
section. A sponsoring organization may receive expansion funds
for no more than 50 day care homes.''.
(c) Extension.--Section 17(p)(5) of such Act is amended by striking
``1994'' and inserting ``1998''.
(d) Medicaid and WIC Information.--Section 17 of such Act is
amended by adding at the end the following new subsection:
``(q)(1)(A) The Secretary shall provide materials concerning the
medical assistance program established under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) (referred to in this subsection
as the `medicaid program') to State agencies for use in carrying out
the program established under this section.
``(B) The materials shall inform State agencies about the
availability and importance of--
``(i) the medicaid program to children from low-income
families, including a basic explanation of program benefits and
national income standards; and
``(ii) the medicaid program components established for low-
income elderly and disabled persons under subparagraphs
(A)(ii)(X) and (E) of section 1902(a)(10) of the Social
Security Act (42 U.S.C. 1396a(a)(10)), including a basic
explanation of program benefits and national income standards.
``(C) The Secretary--
``(i) may request that the Secretary of Health and Human
Services assist in the preparation of the materials; and
``(ii) shall submit the materials to the Secretary of
Health and Human Services for comment prior to submitting the
materials to State agencies.
``(2) The Secretary shall also provide State agencies with basic
information concerning the importance and benefits of the special
nutrition program for women, infants, and children authorized under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
``(3) 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--
``(I) health care coverage provided to
young low-income children under the medicaid
program; and
``(II) the special 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 medicaid program and under the special
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) provide each adult day care center participating in
the program established under this section with materials that
include--
``(i) a basic explanation of benefits provided
under subparagraphs (A)(ii)(X) and (E) of section
1902(a)(10) of the Social Security Act;
``(ii) information on the income limits for the
benefits by household size; and
``(iii) a listing of addresses and phone numbers of
offices at which low-income elderly and disabled
persons may apply for the benefits;
``(C) annually provide the institutions with an update of
the information on income limits described in subparagraphs
(A)(ii) and (B)(ii);
``(D) 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 medicaid program and the special nutrition
program for women, infants, and children;
``(ii) information on the maximum income limits,
according to family size, applicable to each program;
and
``(iii) information on where parents may apply to
participate in each program; and
``(E) ensure that, at least once a year, adult day care
centers provide written information to program participants
that provides--
``(i) basic information on the benefits provided
under subparagraphs (A)(ii)(X) and (E) of section
1902(a)(10) of the Social Security Act;
``(ii) information on the income limits, by
household size, applicable to the benefits; and
``(iii) information on where low-income and
disabled persons may apply for the benefits.''.
SEC. 315. MEAL SUPPLEMENTS FOR CHILDREN IN AFTERSCHOOL CARE.
Section 17A of the National School Lunch Act (42 U.S.C. 1766a) is
amended--
(1) in subsection (a)(2)--
(A) by inserting ``and'' at the end of subparagraph
(A);
(B) by striking ``; and'' at the end of
subparagraph (B) and inserting a period; and
(C) by striking subparagraph (C); and
(2) by adding at the end the following new subsection:
``(e) Automatic Eligibility.--
``(1) In general.--A child shall be considered
automatically eligible for a free or reduced price meal
supplement under this section, without further application or
eligibility determination, if the child has been certified as
eligible for free or reduced price breakfasts or lunches under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) or
this Act, respectively.
``(2) Proof.--Proof of eligibility for free or reduced
price breakfasts or lunches shall be sufficient to satisfy any
verification requirement imposed for meal supplements under
this section.''.
SEC. 316. DEMONSTRATION PROJECTS TO IMPROVE FOOD SERVICE FOR HOMELESS
CHILDREN.
Section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c))
is amended--
(1) in paragraph (1), by inserting after ``(1)'' the
following new sentences: ``Out of any moneys in the Treasury
not otherwise appropriated, the Secretary of the Treasury shall
provide to the Secretary to carry out this subsection
$4,000,000 for fiscal year 1995, $5,000,000 for fiscal year
1996, $8,000,000 for fiscal year 1997, and $10,000,000 for
fiscal year 1998. The Secretary shall be entitled to receive
the funds and shall accept the funds.'';
(2) in the first sentence of paragraph (5)(A)--
(A) by inserting ``or provided'' after
``appropriated'';
(B) by striking ``and'' after ``1993,''; and
(C) by inserting after ``1994,'' the following: ``,
and the amount specified in paragraph (1) for each of
fiscal years 1995 through 1998'';
(3) in paragraph (6)--
(A) by inserting ``(A)'' after ``(6)'';
(B) by striking ``1994'' and inserting ``1998'';
and
(C) by adding at the end the following new
subparagraph:
``(B)(i) For any fiscal year in which all the funds provided for
homeless demonstration programs established under this subsection are
not completely used, the Secretary shall transfer the unused funds for
the fiscal year to the Secretary of the Treasury.
``(ii) For each fiscal year for which funds are transferred to the
Secretary of the Treasury under clause (i), the Secretary of
Agriculture shall submit a report to the appropriate committees of
Congress that includes--
``(I) an explanation of the actions the Secretary has taken
to carry out paragraph (7);
``(II) an estimate, if practicable, of the number of
children living in homeless shelters who are not served by the
program established under this subsection; and
``(III) a detailed plan for expanding the program so that
more eligible children may participate in the program.''; and
(4) by adding at the end the following new paragraph:
``(8)(A) Out of the funds provided under paragraph (1), the
Secretary shall use funds, for each of fiscal years 1995 through 1998,
to carry out programs operated by shelters, halfway houses, and
hospitals described in subparagraph (B) that the Secretary has approved
for participation, for the purpose of providing nutrition counseling,
nutrition assessments, and referrals to individuals participating in--
``(i) the program established under this subsection;
``(ii) the special nutrition program for women, infants,
and children established under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
``(iii) the medical assistance program established under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
(also known as the `medicaid program'); and
``(iv) similar programs for homeless pregnant women,
pregnant women at risk of becoming homeless, homeless mothers
with newborn infants, or the guardians of boarder babies or
other abandoned infants.
``(B) Programs administered by halfway houses, homeless shelters,
hospitals, or transitional housing organizations under subparagraph
(A), if approved by the Secretary, may receive funding under this
paragraph for purposes specified in regulations of the Secretary.
``(C) The Secretary shall impose such auditing and recordkeeping
requirements as are necessary to monitor the use of Federal funds to
carry out this paragraph.
``(D) The Secretary shall periodically report to the appropriate
committees of Congress on the referral and nutrition counseling and
assessment programs carried out under this paragraph.''.
SEC. 317. PILOT PROGRAM TO INCREASE OFFERINGS OF FRUITS AND VEGETABLES.
Section 18 of the National School Lunch Act (42 U.S.C. 1769) is
amended by adding at the end the following new subsection:
``(e)(1) The Secretary shall establish a national pilot program
(referred to in this subsection as the `pilot program') 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 and vegetables.
``(2) The Secretary shall establish procedures under which schools
may apply to participate in the pilot program. 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
their offerings of fruits and vegetables during the school
year; or
``(C) fruits and vegetables purchased by the Secretary.
``(4) The Secretary may provide a priority for receiving benefits
under this subsection to schools that--
``(A) are located in low-income areas (as defined by the
Secretary);
``(B) rarely offer 3 or more servings of fruits or
vegetables per meal; or
``(C) purchase or agree to purchase a substantial portion
of their fruits and vegetables from--
``(i) socially disadvantaged farmers (as defined in
section 2501(e)(2) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e)(2)));
``(ii) farmers located in very rural areas (as
defined by the Secretary); or
``(iii) farmers who own or operate small-scale or
limited-resource farms (as defined by the Secretary).
``(5) Not later than March 31, 1996, and March 31, 1997, the
Secretary shall report to the appropriate committees of Congress on the
impact of the pilot program on participating schools, including--
``(A) the extent to which school children increased
consumption of fruits and vegetables;
``(B) the extent of any increase in costs to the schools in
offering the additional fruits or vegetables;
``(C) the desirability of--
``(i) requiring that each school participating in
the school lunch program increase the number of
servings of fruits or vegetables offered per meal to at
least 3 servings; and
``(ii) mandating that the Secretary provide
additional Federal reimbursements to assist schools in
complying with the proposed requirement described in
clause (i); and
``(D) the extent to which fresh, frozen, and canned foods
are offered under the pilot program.
``(6) Out of any moneys in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall provide to the Secretary to carry
out this subsection $40,000,000 for each of fiscal years 1995 through
1997. The Secretary shall be entitled to receive the funds and shall
accept the funds.''.
SEC. 318. PILOT PROGRAM TO INCREASE CONSUMPTION OF LOW-FAT DAIRY
PRODUCTS AND LEAN MEATS.
Section 18 of the National School Lunch Act (42 U.S.C. 1769) (as
amended by section 317) is further amended by adding at the end the
following new subsection:
``(f)(1) The Secretary shall establish a national pilot program
(referred to in this subsection as the `pilot program') to better
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
low-fat dairy products and lean meats and poultry products.
``(2) The Secretary shall establish procedures under which schools
may apply to participate in the pilot program. To the maximum extent
practicable, the Secretary shall select qualified schools that apply
from each State.
``(3) The Secretary shall purchase, and provide to schools selected
to participate in the pilot program, low-fat dairy products and lean
meats and poultry products.
``(4) Not later than March 31, 1996, and March 31, 1997, the
Secretary shall report to the appropriate committees of Congress on the
impact of the pilot program on participating schools, including--
``(A) the extent to which school children increased
consumption of low-fat dairy products and lean meats and
poultry products; and
``(B) alternative means of providing additional offerings
of low-fat dairy products and lean meats and poultry products
in the school lunch and breakfast programs.
``(5) Out of any moneys in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall provide to the Secretary to carry
out the pilot program with respect to the purchase and distribution
of--
``(A) low-fat dairy products, $35,000,000 for each of
fiscal years 1995 through 1997; and
``(B) lean meats and poultry products, $10,000,000 for each
of fiscal years 1995 through 1997.
``(6) The Secretary shall be entitled to receive the funds
described in paragraph (5) and shall accept the funds.''.
SEC. 319. PILOT PROJECTS FOR FORTIFIED FLUID MILK; INFORMATION ON
FORTIFIED MILK.
(a) In General.--Section 18 of the National School Lunch Act (42
U.S.C. 1769) (as amended by section 318) is further amended by adding
at the end the following new subsection:
``(g)(1) 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 program.
``(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 effect of the pilot program on the nutrition and
health of children;
``(B) the acceptability of fortified whole, lowfat, and
skim milk products to participating children and teachers;
``(C) the impact of offering the milk on milk consumption;
``(D) the views of the school food service authorities on
the pilot program; and
``(E) any increases or reductions in costs attributed to
the pilot program.
``(6) The Secretary shall--
``(A) obtain copies of research studies and papers that
discuss the impact of the fortification of milk pursuant to
standards established by the State of California in the early
1960's; and
``(B) make the information available to the public.
``(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) Information on Fortified Milk.--Section 9(a) of such Act (7
U.S.C. 1758(a)) (as amended by section 304) is further amended by
adding at the end the following new paragraph:
``(6)(A) In the case of fluid milk offered under the national
school lunch program established under this Act, the school breakfast
program established under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773), and the special milk program established under
section 3 of such Act (42 U.S.C. 1772), the Secretary shall establish a
program under which schools may obtain information about where to
obtain milk described in section 18(g)(3).
``(B) The Secretary shall notify State educational agencies and
participating schools about the possible benefits to school children of
the milk described in section 18(g)(3) and of the availability of the
informational service made available under this paragraph.
``(C) Not later than 120 days after the date of enactment of this
paragraph, the Secretary shall issue an evaluation that compares the
nutritional value of--
``(i) milk that is fortified as described in section
18(g)(3);
``(ii) milk that is fortified in a similar manner to milk
described in clause (i); and
``(iii) milk not fortified as described in clause (i) or
(ii).''.
SEC. 320. FOOD SERVICE MANAGEMENT INSTITUTE AND OTHER INSTITUTIONS.
Section 21 of the National School Lunch Act (42 U.S.C. 1769b-1) is
amended--
(1) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) in the case of a food service management institute
established as authorized by subsection (a)(2) and other
institutions (such as a culinary institute)--
``(A) training food service personnel to comply
with the nutrition guidance and objective referred to
in section 24(b) through a national network of
instructors or other means;
``(B) preparing informational materials, such as
video instruction tapes and menu planners, to promote
healthier food preparation; and
``(C) assisting State educational agencies in
providing additional nutrition and health instructions
and instructors.''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``1992, 1993, and
1994'' and inserting ``1992 through 1998''; and
(B) in paragraph (2), by striking ``1991, 1992,
1993, and 1994'' and inserting ``1991 through 1998''.
SEC. 321. COMPLIANCE AND ACCOUNTABILITY.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Agriculture 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. 322. NUTRITION GUIDANCE FOR CHILD NUTRITION PROGRAMS.
(a) In General.--Section 24 of the National School Lunch Act (42
U.S.C. 1769e) is amended--
(1) by striking subsection (b) and inserting the following
new subsection:
``(b) Revision of Menu Planning Guides.--
``(1) Fat content.--The Secretary shall include in menu
planning guides the recommendation provided in the April 1992
version of the publication that menus achieve an average fat
content of 30 percent of calories from fat and that saturated
fat intake should be reduced to an average of 10 percent or
less of calories.
``(2) Revised recommendations.--The Secretary shall, as
necessary, revise the menu planning guides for each covered
program to include recommendations for the implementation of
nutrition guidance described in the publication, including
revised recommendations in the publication concerning the
consumption of fat and saturated fat.'';
(2) in subsection (c), by inserting after ``publication''
the following: ``, including the guidance regarding fat and
saturated fat consumption,''; and
(3) in subsection (d), by inserting after ``publication''
the following: ``, including the guidance regarding fat and
saturated fat consumption''.
(b) Report.--Not later than July 1, 1995, the Secretary of
Agriculture shall submit to the appropriate committees of Congress a
report that--
(1) describes actions taken to ensure compliance with the
requirements of section 24 of the National School Lunch Act (42
U.S.C. 1769e); and
(2) makes recommendations regarding the usefulness of
specific guidelines for dietary fiber, sodium, and sugar
regarding the school lunch and breakfast 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.),
respectively.
(c) Regulations.--Not later than 150 days after the date of
enactment of this Act, the Secretary of Agriculture shall issue final
regulations to implement section 24 of the National School Lunch Act
(as amended by subsection (a)).
SEC. 323. INFORMATION CLEARINGHOUSE.
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. 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 on-site 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 the 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
communities, States, counties, cities, antihunger groups, and
local organizations regarding means of assisting individuals
and communities to reduce reliance on government programs, to
reduce hunger and to improve nutrition, and to otherwise assist
low-income individuals and communities become more self-
sufficient.
``(c) Audits.--The Secretary shall establish fair and reasonable
auditing procedures regarding the expenditures of funds to carry out
this section.
``(d) Funding.--Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall pay to the Secretary
to provide to the organization selected under this section, to
establish and maintain the information clearinghouse, $200,000 for each
of fiscal years 1995 and 1996, $150,000 for fiscal year 1997, and
$75,000 for fiscal year 1998. The Secretary shall be entitled to
receive the funds and shall accept the funds.''.
TITLE IV--PROGRAM INTEGRITY
SEC. 401. 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
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
(2) during the past several years, the Antitrust Division
of the United States Department of Justice has filed over 100
criminal cases against companies and individuals accused of
bid-rigging conspiracies, false statements, mail fraud, price-
fixing, and similar activities involving dairy products sold to
schools or the Department of Defense;
(3) over 30 grand juries in States are investigating
similar activities, especially in connection with activities
involving the dairy industry;
(4) 54 corporations and 50 individuals have been convicted
by Federal courts of similar activities, and total fines and
civil damages of approximately $100,000,000 have been assessed
in Federal and State actions for similar activities;
(5) a report of the Comptroller General of the United
States noted that, as of March 1992, the Secretary of
Agriculture had neither suspended nor debarred any of the 13
dairy companies or 28 individuals convicted, as of March 1992,
of milk contract bid-rigging from participating in the school
lunch and breakfast programs;
(6) effective educational and monitoring programs can
greatly reduce the incidence of price-fixing and bid-rigging by
companies that sell products to schools;
(7) 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;
(8) 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; and
(9) the Comptroller General of the United States in a
General Accounting Office report addressed many of the concerns
described in this section with respect to bid rigging in the
school lunch program.
SEC. 402. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE
ACTIVITIES.
(a) In General.--The National School Lunch Act (42 U.S.C. 1751 et
seq.) (as amended by section 323) is further amended by adding at the
end the following new section:
``SEC. 26. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE
ACTIVITIES.
``(a) 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 school breakfast program established
under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773);
``(C) the special milk program established under
section 3 of such Act (42 U.S.C. 1772);
``(D) the special nutrition program for women,
infants, and children authorized under section 17 of
such Act (42 U.S.C. 1786);
``(E) the summer food service program for children
established under section 13 of this Act; and
``(F) the child and adult care food program
established under section 17 of this Act.
``(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 conjunction with 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, or other legal entity,
however organized.
``(b) Assistance.--The Secretary shall--
``(1) 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
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 anticompetitive activities relating to the
provision of goods or services in conjunction with the
participation of a local agency in a child nutrition program.
``(c) Food Service Management Institute.--The Secretary may request
assistance from the food service management institute authorized under
section 21 in carrying out subsection (b)(1).
``(d) Nonprocurement Debarment.--
``(1) Debarment decisions.--Except as provided in paragraph
(3), not later than 180 days after notification of the
occurrence of a cause for debarment described in paragraph (2),
the Secretary shall decide whether to initiate nonprocurement
debarment proceedings against the contractor who has committed
the cause for debarment.
``(2) Causes for debarment.--
``(A) In general.--Subject to subparagraph (B),
actions requiring consideration of nonprocurement
debarment pursuant to paragraph (1) shall be limited to
convictions or civil judgments for the following
offenses:
``(i) Violation of Federal or State
antitrust laws, including laws relating to bid-
rigging and price-fixing.
``(ii) Commission of embezzlement, theft,
forgery, fraud, bribery, making false
statements, receiving stolen property, making
false claims, or obstruction of justice.
``(B) Application.--Subparagraph (A) shall apply to
the extent an offense is committed by a contractor in
connection with providing a good or service in
conjunction with the participation of a local agency in
a child nutrition program.
``(3) Exception.--If the Secretary determines that a
decision on initiating nonprocurement debarment proceedings
cannot be made within 180 days because of the need to further
investigate matters relating to the possible debarment, the
Secretary may have such additional time as the Secretary
considers necessary to make a decision, but not to exceed an
additional 180 days.
``(4) Mandatory child nutrition program debarment
periods.--
``(A) In general.--Subject to the other provisions
of this paragraph and notwithstanding any other
provision of law except subsection (e), if after
deciding to initiate nonprocurement debarment
proceedings pursuant to paragraph (1) the Secretary
decides to debar a contractor, the debarment shall be
for no 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 a conviction or
civil judgment described in paragraph (2) based on
activities that occurred subsequent to the initial
debarment, the debarment shall be for no 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 paragraph shall restrict the ability of the
Secretary to reverse a debarment decision, to reduce
the period or scope of a debarment, nor to grant an
exception permitting a debarred contractor to
participate in a particular contract to provide goods
or services 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.
``(5) Information.--On request, the Secretary shall present
to the appropriate committees of Congress information regarding
the decisions required by this subsection.
``(6) Relationship to other authorities.--
``(A) In general.--Subject to subparagraph (B),
consideration of nonprocurement debarment pursuant to
this subsection 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.
``(B) Coordination.--To the maximum extent
practicable, the Secretary shall consolidate and
coordinate any nonprocurement debarment actions
pursuant to this subsection with other adverse actions,
including other nonprocurement debarment actions.
``(7) Regulations.--The Secretary shall issue such
regulations as are necessary to carry out this subsection.
``(e) Mandatory Debarment.--Notwithstanding any other provision of
this section, the Secretary shall initiate nonprocurement debarment
proceedings against the contractor (including a dairy cooperative) who
has committed the cause for debarment (as determined under subsection
(d)), 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 school, school
district, or school district consortium to procure a needed
product for a child nutrition program; or
``(3) is not in the public interest, as determined by the
Secretary.
``(f) Termination of Authority.--The authority provided by this
section shall terminate on September 30, 1999.''.
(b) Report on Consistent Debarment Policy.--Not later than 120 days
after the date of enactment of this Act, the Director of the Office of
Management and Budget (in consultation with the Secretary of
Agriculture and the Secretary of Defense) shall advise the appropriate
committees of Congress and the Comptroller General of the United States
as to the appropriateness and usefulness of a consistent debarment
policy under--
(1) the Federal acquisition regulations issued under title
48, Code of Federal Regulations; and
(2) Federal nonprocurement regulations.
(c) Application.--Section 26(d) of the National School Lunch Act
(as added by subsection (a)) shall not apply to a conviction or civil
judgment that is based on an activity that took place prior to the date
of enactment of this Act.
SEC. 403. PREVENTION AND CONTROL OF ANTICOMPETITIVE ACTIVITIES.
The National School Lunch Act (42 U.S.C. 1751 et seq.) (as amended
by section 402) is further amended by adding at the end the following
new section:
``SEC. 27. PREVENTION AND CONTROL OF ANTICOMPETITIVE ACTIVITIES.
``(a) Assistance.--
``(1) In general.--The Secretary may provide grants to
State educational agencies and other State agencies that
administer child nutrition programs (as defined in section
26(a)(1)) to assist the agencies in the prevention and control
of anticompetitive activities relating to the programs,
including activities to further coordination and cooperation
with law enforcement officials.
``(2) Formula.--The grants shall be made pursuant to a
formula established by the Secretary that takes into account
the size of the child nutrition programs in each State, subject
to a minimum grant amount for each State.
``(b) Federal Activities.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall retain 25 percent of the sums made available for any
fiscal year to carry out this section to administer subsection
(a) and to conduct the activities described in section 26(b).
``(2) Additional funds.--Nothing in paragraph (1) shall
preclude the Secretary from expending for the activities
described in section 26(b) any funds otherwise available to
carry out section 26(b).
``(c) Information.--On request, the Secretary shall provide to the
appropriate committees of Congress information regarding the
administration of this section and other efforts to reduce the
incidence of anticompetitive activity (such as price-fixing and bid-
rigging), in connection with child nutrition programs (as defined in
section 26(a)(1)).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 1994 through 1998.''.
TITLE V--EFFECTIVE DATES
SEC. 501. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall become effective on the date of
enactment of this Act.
(b) Special Effective Dates.--The amendments made by--
(1) sections 101 through 104, 205 through 207, 313, and 318
shall become effective on October 1, 1994;
(2) sections 201 through 204, 209, 301 through 310, 314(a),
314(b), 315, 317, and 320 shall become effective on July 1,
1995;
(3) section 312 shall become effective on September 1,
1995; and
(4) section 314(c) shall become effective on October 1,
1995.
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