[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5003 Reported in House (RH)]
<DOC>
Union Calendar No. 665
114th CONGRESS
2d Session
H. R. 5003
[Report No. 114-852, Part I]
To reauthorize child nutrition programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2016
Mr. Rokita introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committee on the Budget, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
December 8, 2016
Additional sponsor: Mr. Kline
December 8, 2016
Reported from the Committee on Education and the Workforce with an
amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
December 8, 2016
The Committee on the Budget discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April
20, 2016]
_______________________________________________________________________
A BILL
To reauthorize child nutrition programs, 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 ``Improving Child
Nutrition and Education Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--NATIONAL SCHOOL LUNCH ACT
Sec. 100. State agency.
Sec. 101. Apportionments to States.
Sec. 102. Repeal of nutrition promotion.
Sec. 103. Direct Federal expenditures.
Sec. 104. Nutritional and other program requirements.
Sec. 105. Miscellaneous provisions.
Sec. 106. Summer food service program for children.
Sec. 107. Commodity distribution program.
Sec. 108. Child and adult care food program.
Sec. 109. Demonstration projects.
Sec. 110. Fruit and vegetable program.
Sec. 111. Compliance and accountability.
Sec. 112. Repeal of State childhood hunger challenge grants.
Sec. 113. Duties of the Secretary relating to nonprocurement debarment.
Sec. 114. Improvements to school lunch facilities.
Sec. 115. Prohibitions.
TITLE II--CHILD NUTRITION ACT
Sec. 201. Special milk program authorization.
Sec. 202. School breakfast program.
Sec. 203. State administrative expenses.
Sec. 204. Regulations.
Sec. 205. Definition of State agency.
Sec. 206. Special supplemental nutrition program for women, infants,
and children.
Sec. 207. Team nutrition network.
TITLE III--MISCELLANEOUS
Sec. 301. Reviews.
Sec. 302. Program delivery.
Sec. 303. Product availability.
Sec. 304. Procurement.
Sec. 305. School Nutrition Advisory Committee.
Sec. 306. Paperwork reduction.
Sec. 307. Technology.
Sec. 308. Improving health and safety oversight and monitoring for the
child and adult care food program.
Sec. 309. Technical corrections.
Sec. 310. Budgetary effects.
Sec. 311. Effective date.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--NATIONAL SCHOOL LUNCH ACT
SEC. 100. STATE AGENCY.
In each of the following Acts, by striking ``State educational
agency'' and ``State educational agencies'' each place such term
appears (including any headings) and inserting ``State agency'' and
``State agencies'', respectively:
(1) The Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
(2) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
SEC. 101. APPORTIONMENTS TO STATES.
Section 4(b) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1753(b)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by striking ``Beginning
on'' and all that follows through ``the Secretary'' and
inserting ``The Secretary'';
(B) in subparagraph (E), by striking ``Beginning
on'' and all that follows through ``school food
authorities'' and inserting ``School food
authorities''; and
(C) in subparagraph (F)(iii)--
(i) in subclause (I), by inserting ``(as in
effect on the day before the date of the
enactment of the Improving Child Nutrition and
Education Act of 2016)'' after ``subparagraph
(A)(ii)''; and
(ii) by adding at the end the following:
``(III) Sunset.--The Secretary
shall return to the general fund of the
Treasury any funds that were made
available under this subparagraph but
not obligated by a State agency as of
September 30, 2016.''; and
(2) by adding at the end the following:
``(4) Announcements.--With respect to reimbursement rates
described in this subsection, the Secretary shall announce the
rates and, to the maximum extent practicable, any associated
guidance by February 15 of the school year prior to the school
year for which the rates and guidance will become effective.''.
SEC. 102. REPEAL OF NUTRITION PROMOTION.
Section 5 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1754) is repealed.
SEC. 103. DIRECT FEDERAL EXPENDITURES.
Section 6 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1755) is amended--
(1) in subsection (c)--
(A) by striking ``(c)(1)(A) The national average''
and all that follows through ``(D) Among those
commodities'' and inserting the following:
``(c) Calculation of Total Assistance.--
``(1) National average value.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the national average value of donated foods, or
cash payments in lieu thereof, shall be equal to the
quotient obtained by dividing, not later than February
15 of each year for the upcoming school year--
``(i) the total funds available in the
preceding school year under section 4, this
section, and section 11; by
``(ii) the number of lunches served in the
preceding school year in all schools
participating in the school lunch program under
this Act.
``(B) Adjustment.--
``(i) In general.--The value determined
under subparagraph (A) shall be adjusted by the
annual percentage change in a 3-month average
value of the Producer Price Index for Foods
Used in Schools and Institutions of the Bureau
of Labor Statistics (in this subparagraph
referred to as the `Index') for the preceding
September, October, and November.
``(ii) Requirement.--An adjustment under
clause (i) shall be computed to the nearest \1/
4\ cent.
``(iii) Index.--
``(I) In general.--The Index shall
be computed using 5 major food
components in the Index (cereal and
bakery products, meats, poultry and
fish, dairy products, processed fruits
and vegetables, and fats and oils).
``(II) Components.--Each component
described in subclause (I) shall be
weighted using the same relative weight
as determined by the Bureau of Labor
Statistics.
``(iv) Minimum amount of commodity
assistance.--Not less than 12 percent of the
value adjusted in accordance with this
subparagraph shall be provided in the form of
commodity assistance.
``(C) Insufficient amounts.--If amounts available
to carry out section 4, this section, and section 11
are insufficient to meet the requirements of such
sections for a school year, the Secretary shall, to the
extent necessary, use the authority provided under
section 14(a) to meet the requirements for the school
year.
``(D) Amount for each state.--For each school year,
the total commodity assistance or cash in lieu thereof
available to a State for the school lunch program shall
be equal to the product obtained by multiplying--
``(i) the number of lunches served in such
State in the most recent school year for which
data are available; by
``(ii) the rate determined under
subparagraphs (A) and (B).
``(E) Special emphasis.--Among those commodities'';
and
(B) in paragraph (1), by striking ``(E)
Notwithstanding'' and inserting the following:
``(F) Minimum quantity of donated foods.--
Notwithstanding'';
(2) by striking subsection (e); and
(3) by redesignating subsection (f) as subsection (e).
SEC. 104. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS.
Section 9 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1758) is amended--
(1) by striking the section heading and designation and all
that follows through the end of paragraph (1) in subsection (a)
and inserting the following:
``SEC. 9. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS.
``(a) Requirements.--
``(1) Technical assistance and training.--The Secretary
shall provide--
``(A) technical assistance and training to schools
participating in the school lunch program to assist the
schools in complying with the nutritional requirements
prescribed by the Secretary pursuant to subsection (f)
and in providing appropriate meals to children with
medically certified special dietary needs, including
food allergies or other special dietary needs of
individual children, including religious dietary
restrictions; and
``(B) additional technical assistance to schools
that are having difficulty maintaining compliance with
the requirements.'';
(2) in subsection (a)--
(A) in paragraph (2), by adding at the end the
following:
``(D) Fluid milk considerations.--In determining
varieties of fluid milk that shall be available with
school meals programs under this Act and section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773) and
outside of the school meal programs, the Secretary, not
later than 90 days after the date of enactment of the
Improving Child Nutrition and Education Act of 2016,
shall carry out the following:
``(i) Consider the critical nutrient needs
of children who may be at risk for inadequate
intake of the recommended daily servings of
milk and dairy products under the most recent
Dietary Guidelines described in subparagraph
(A)(i) and conform the applicable regulations
to such guidelines.
``(ii) Analyze milk consumption data and
trends for school-aged children, and to the
extent practicable, increase actual milk
consumption in schools in a manner consistent
with the number of servings recommended under
such Dietary Guidelines, and ensure that
schools may offer any type of milk with fat
levels that are in compliance with such Dietary
Guidelines.
``(E) Milk variety considerations.--In determining
milk varieties eligible for schools to offer with
school meal programs under this Act and section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773) and
outside of the school meal programs, the Secretary
shall consider the most commonly available types,
sizes, containers, and varieties of milk in local,
regional, and national commercial markets from which
local educational agencies procure milk, to promote
competition and reduce milk waste.'';
(B) by striking ``(4) Provision of information''
and all that follows through ``(C) Procurement and
processing of food service products and commodities.--
The Secretary'' and inserting the following:
``(4) Procurement and processing of food service products
and commodities.--The Secretary'';
(C) in paragraph (4) (as so designated)--
(i) by redesignating clauses (i) through
(iii) as subparagraphs (A) through (C),
respectively, and indenting appropriately; and
(ii) by redesignating subclauses (I) and
(II) as clauses (i) and (ii), respectively, and
indenting appropriately; and
(D) by adding at the end the following:
``(6) Emergency access to potable water.--
``(A) In general.--To ensure that children have
access to potable water during meal service, the
Secretary may award funds to State agencies to assist
such agencies in providing bottled water for a period
of not more than 90 days (except as otherwise provided
under subparagraph (C)) when--
``(i) a major disaster or emergency has
been declared by the President under the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); and
``(ii) the Secretary determines that there
is a significant risk to the health of school
children posed by the public water system (as
defined under section 1401(4) of the Safe
Drinking Water Act (42 U.S.C. 300f)).
``(B) Matching requirement.--To receive funds under
this paragraph, a State agency shall assure the
Secretary that the State will utilize donated water
supplies and State funding to supplement the funds that
the State receives under this paragraph to provide
bottled water as necessary for students.
``(C) Extension of authority.--If the risk
described in subparagraph (A)(ii) persists in a State
after the first 90-day period for which funds under
this paragraph are provided to such State, funds may be
provided under this paragraph to such State for an
additional 90-day period.
``(D) Funding.--Not more than $475,000 may be
provided under this paragraph for a fiscal year.'';
(3) in subsection (b)--
(A) in paragraph (2)(B)--
(i) in clause (i), by striking ``, and
shall contain only the family size income
levels for reduced price meal eligibility with
the explanation that households with incomes
less than or equal to these values would be
eligible for free or reduced price lunches'';
(ii) in clause (ii), by inserting ``or
reduced price'' after ``free'';
(iii) in clause (iii)(I)--
(I) in item (aa), by striking
``and'' at the end;
(II) in item (bb), by striking the
period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(cc) individuals may
report alleged fraud to the
Office of the Inspector General
of the Department of
Agriculture.''; and
(iv) by adding at the end the following:
``(iv) Reporting of fraud.--The Secretary
shall ensure that the Internet website of the
Department of Agriculture prominently displays
a link to the Internet website of the Office of
the Inspector General of the Department and the
phone number of the Office of the Inspector
General through which an individual may report
any alleged fraud.
``(v) Application forms.--Not later than
120 days after the date of the enactment of the
Improving Child Nutrition and Education Act of
2016, the Secretary shall--
``(I) review a sample of
application forms, including paper and
digital forms, used to apply for
participation in the school lunch
program authorized under this Act and
the school breakfast program
established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773);
``(II) provide to States guidance
relating to best practices, including a
standard application form local
educational agencies or schools may
use;
``(III) provide to States guidance
relating to how to improve the
application to ensure families
understand and can enroll in the school
lunch program and the school breakfast
program; and
``(IV) provide to States such
information as is necessary to ensure
that States understand school food
authorities may not--
``(aa) require or mandate
families apply for either
program;
``(bb) request that a
family apply for the program
after the parent or guardian
has informed the school that
the family does not want to
participate in the program or
receive additional information
about the program in that
school year; or
``(cc) in the case of a
family that has not informed
the school about their choice,
request more than twice in that
school year that such family
apply for the program if such
family has not submitted an
application, except that
providing information about the
application (including how and
when the application will be
sent to parents and how to fill
out the application) shall not
count as a request to apply.'';
(B) in paragraph (3)--
(i) by striking subparagraph (D) and
inserting the following:
``(D) Verification.--
``(i) Standard verification of
applications.--
``(I) In general.--Beginning with
the second school year that begins
after the date of the enactment of the
Improving Child Nutrition and Education
Act of 2016, each school year, each
local educational agency shall verify
the eligibility of the children in a
portion of the household applications
approved for the school year by the
local educational agency, as of
November 1 of the school year, as
determined by the Secretary in
accordance with this subsection.
``(II) Sample size.--
``(aa) In general.--The
portion for a local educational
agency for a school year shall
equal the lesser of--
``(AA) 10,000; or
``(BB) 10 percent
of approved household
applications.
``(bb) Calculation.--Not
later than July 1 of each year,
the Secretary shall calculate
the sample size under this
subparagraph for each local
educational agency based on
data from the 2 most recent
school years available.
``(III) Sample selection.--
Applications shall be selected for
verification by the local educational
agency based on indications that
information relevant to eligibility is
inconsistent with the information
provided on the application, including
at a minimum the following:
``(aa) The household has
submitted information in
writing to the local
educational agency that is
inconsistent with the
information on the application.
``(bb) The information
provided on the application is
consistent with a pattern of
error or fraud detected by the
local educational agency, the
State agency, or the Secretary.
``(cc) For not more than
\1/4\ of the sample, students
who are directly certified or
the application provides a case
number (in lieu of income
information) showing
participation in--
``(AA) the
supplemental nutrition
assistance program
established under the
Food and Nutrition Act
of 2008 (7 U.S.C. 2011
et seq.); or
``(BB) a State
program funded under
the program of block
grants to States for
temporary assistance
for needy families
established under part
A of title IV of the
Social Security Act (42
U.S.C. 601 et seq.)
that the Secretary
determines complies
with standards
established by the
Secretary that ensure
that the eligibility
requirements under the
State program are
comparable to the
requirements for
participation in
accordance with this
Act and the Child
Nutrition Act of 1966
(42 U.S.C. 1771 et
seq.).
``(dd) For not more than
\1/4\ of the sample, the income
information provided on the
application is close to the
income limit for free or
reduced price meals, as
determined by the local
educational agency each year.
``(ee) Such other criteria
as is determined by the State.
``(IV) Additional verification of
applications.--If the number of
applications that match the criteria
described in subclause (III) is
insufficient to meet the number of
applications determined under subclause
(II), the local educational agency
shall select additional applications at
random.
``(ii) Verification for cause.--In addition
to conducting verification of a sample of
applications as described in clause (i), a
local educational agency may verify any
household application at any point in the
school year if the household application meets
the criteria described in item (aa), (bb), or
(cc) of clause (i)(III) or such other criteria
as is determined by the Secretary.
``(iii) Compliance.--In conducting
verification under this subparagraph, a State
agency or local educational agency shall not
select applications in a manner that violates
section 12(l)(4)(M).'';
(ii) in subparagraph (F)--
(I) in clause (i), in the matter
preceding subclause (I), by striking
``may'' and inserting ``shall''; and
(II) by striking clauses (iv) and
(v) and inserting the following:
``(iv) Direct certification.--If
eligibility for a household application is
confirmed using direct verification, each child
in the household shall be considered directly
certified.'';
(iii) in subparagraph (G)--
(I) in clause (iii), by striking
``1 attempt'' and inserting ``2
attempts''; and
(II) by adding at the end the
following:
``(v) Validity of verification results.--
``(I) Definitions.--In this clause:
``(aa) Approved
application.--The term
`approved application' includes
each student on a paper or
electronic application approved
by the local educational agency
for free or reduced price
lunches for the school year.
``(bb) Response rate.--The
term `response rate' means the
percentage of the approved
household applications of the
local educational agency for
which verification information
was obtained after attempted
verification under this
section.
``(cc) Nonresponse rate.--
The term `nonresponse rate'
means the percentage of the
approved household applications
of the local educational agency
for which verification
information was not obtained
after attempted verification
under this section.
``(dd) Confirmation rate.--
The term `confirmation rate'
means the percentage of
approved household applications
and directly certified students
selected by the local
educational agency for
verification under this
subparagraph that had the level
of benefits confirmed as a
result of information obtained
during the verification
process.
``(II) Reductions.--
``(aa) In general.--The
sample under subparagraph
(D)(i)(II) may be reduced by
not more than the lesser of
2,500 applications or 2.5
percentage points for each of
the criteria described in
subclause (III) that are met by
the local educational agency.
``(bb) Limitation.--
Reductions under item (aa) may
result in a sample of not less
than 2.5 percent of approved
applications.
``(III) Criteria.--The criteria
referred to in subclause (II)(aa) are
as follows:
``(aa) Response rate.--For
the preceding school year the
response rate was more than 85
percent.
``(bb) Nonresponse rate
reduction.--The nonresponse
rate was at least 15 percent
below the nonresponse rate for
the second preceding school
year.
``(cc) Confirmation rate.--
The confirmation rate is 100
percent or has increased by at
least 5 percent over the two
most recent school years for
which data is available.
``(dd) Administrative
burden reduction.--
``(AA) In
general.--The local
educational agency
receives a
determination from the
Secretary that
compliance with
subparagraph (D)(i)(II)
would render the local
educational agency
unable to administer
the program.
``(BB)
Requirement.--The
Secretary shall develop
a system by which to
measure cost and
administrative burden
associated with
compliance with
subparagraph (D)(i)(II)
and shall consider
requests from local
educational agencies
based on that
system.'';
(iv) in subparagraph (H)(i)--
(I) in subclause (I), by striking
``November'' and inserting
``December''; and
(II) in subclause (II), by striking
``December'' and inserting ``January'';
(v) in subparagraph (K)(i), in the matter
preceding subclause (I), by striking ``data
mining'' and inserting ``analyses of data'';
(vi) by amending subparagraph (K)(ii) to
read as follows:
``(ii) Report.--Not later than two years
after the date of the enactment of the
Improving Child Nutrition and Education Act of
2016, the Secretary shall submit to the
Committee on Education and the Workforce of the
House of Representatives and Committee on
Agriculture, Nutrition, and Forestry of the
Senate a report describing--
``(I) the results of the
feasibility study conducted under this
subsection;
``(II) how a computer system--
``(aa) used to reduce
verification and certification
errors can be adapted to
further reduce errors; and
``(bb) using technology
described in clause (i) could
be implemented; and
``(III) a plan to adapt or
implement such system.'';
(vii) by adding at the end the following:
``(L) Enhanced verification methods.--
``(i) Requirements.--
``(I) In general.--The Secretary
shall help local educational agencies
engage in alternative and enhanced
methods of certification and
verification to increase the
effectiveness of the process, reduce
certification errors, and produce more
meaningful management information to
facilitate local educational agency,
State, and Federal oversight with
respect to program integrity in the
school meal programs.
``(II) Best practices.--The
Secretary shall encourage local
educational agencies to adopt proven
best practices with regard to
verification.
``(III) Selection for
implementation.--To the extent
necessary to refine alternative
verification methods or assess the
feasibility, impact, or efficacy of the
methods prior to recommending the
methods, the Secretary shall select
States and local educational agencies
that have requested to participate in
the development of best practices to
implement methods subject to clause
(iii).
``(ii) Requirements.--The certification and
verification methods shall--
``(I) meet such terms and
conditions as the Secretary considers
appropriate; and
``(II) except as otherwise provided
in this subparagraph, be conducted in
accordance with this subsection.
``(iii) Selection criteria.--In selecting
methods, including methods for implementation
under clause (i)(III), the Secretary shall--
``(I) consider the degree to which
the method would improve certification
accuracy and program integrity within
the school meal programs;
``(II) consider whether there is
evidence that the method could be
replicated easily by other local
educational agencies or political
subdivisions;
``(III) consider whether the method
would increase the efficiency and
effectiveness of the verification
process;
``(IV) consider whether the local
educational agency or State agency has
a demonstrated capacity to undertake
the method and to produce the data
necessary to support the evaluation;
and
``(V) ensure the methods
implemented under clause (i)(III) are
implemented across a range of
geographic areas and States, including
rural and urban areas, and, when
considered as a group, allow for an
assessment of a range of strategies
regarding verification sample
selection, obtaining eligibility
documentation, and the entity
conducting verification, including
strategies that--
``(aa) use analyses of
data, particularly in large
local educational agencies to
develop algorithms to select
error-prone applications for
verification;
``(bb) use third-party data
sources to confirm eligibility
prior to conducting household
verification under subparagraph
(G);
``(cc) rely on alternative
methods, including message
testing, of communicating with
households to assess which
methods most effectively result
in household responses;
``(dd) rely on agencies or
organizations other than the
local educational agency to
conduct verification, including
at a minimum the State agency;
and
``(ee) could reduce the
administrative burden of
conducting verification for a
consortia of local educational
agencies, including shared
online applications and shared
verification procedures.
``(iv) Reduction.--Notwithstanding the
limitation in subparagraph (D)(v)(II)(bb), a
local educational agency that uses the
strategies described in clause (iii)(V) may
qualify for a reduction of additional 0.25
percentage points under such subparagraph,
creating a floor of 2.25 percent for the
verification sample size.'';
(C) in paragraph (4)--
(i) in subparagraph (B), by inserting ``,
including a child enrolled in a nonpublic
school,'' after ``under which a child'';
(ii) by striking subparagraph (E);
(iii) by redesignating subparagraphs (F)
and (G) as subparagraphs (E) and (F),
respectively; and
(iv) in subparagraph (E) (as so
redesignated)--
(I) in clause (i), by striking
``means--'' and all that follows
through ``each school year thereafter''
in subclause (III) and inserting
``means, for the school year'';
(II) in clause (ii)--
(aa) in subclause (II), by
striking ``and'' at the end;
(bb) in subclause (III), by
striking the period at the end
and inserting a semicolon; and
(cc) by adding at the end
the following:
``(IV) include in the report
required under section 4301 of the
Food, Conservation, and Energy Act of
2008 (42 U.S.C. 1758a), a description
of technical assistance provided to and
progress of States identified under
subclause (I) toward implementing the
measures and meeting the goals
established by the State as required
under clause (iii)(II); and
``(V) provide guidance to schools
on providing meals and collecting
payment for any student who is no
longer able to receive meals because
the student did not provide a response
to the verification request for the
student's school meal application.'';
and
(III) in clause (iii)(II)(bb), by
inserting ``within 3 school years''
after ``those measures'';
(D) in paragraph (15)--
(i) in subparagraph (B)(i), by striking
``section 9(b)(1)(A) of this Act'' and
inserting ``paragraph (1)(A)''; and
(ii) in subparagraphs (C)(ii) and (D), by
striking ``paragraph (4)(G)'' both places it
appears and inserting ``paragraph (4)(F)'';
(4) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) meet minimum nutritional requirements
prescribed by the Secretary on the basis of tested
nutritional research specifically conducted to
understand the impact for children, except that the
minimum nutritional requirements--
``(i) may not prohibit the substitution of
foods to accommodate the medical, including
allergies, or other special dietary needs of
individual students, including religious
dietary restrictions; and
``(ii) shall, as possible in accommodating
the medical or other special dietary needs of
such students, be based on the weekly average
of the nutrient content of school lunches.'';
(B) in paragraph (3)(A)(ii), by striking
``paragraph (3)'' and inserting ``paragraph (2)'';
(C) by striking paragraph (4) and inserting the
following:
``(4) Regulations, review, and relief.--
``(A) Review regulations.--The Secretary shall, at
least every 3 years--
``(i) review the regulations promulgated in
accordance with this Act for the school meal
programs described in paragraph (1) (in this
paragraph referred to as the `school meal
programs');
``(ii) with consultation from a parent, a
pediatrician, a dietician who conducts child
nutrition research, and stakeholders in schools
(including school leaders, school boards, local
educational agency administrators, and school
food nutrition directors), certify that the
regulations are--
``(I) appropriate for the age of
children participating in the school
meal programs, including for the health
of children;
``(II) in compliance with the
preponderance of the latest high-
quality research based on school-aged
children conducted to examine the
health and safety of children
participating in the school meal
programs;
``(III) not increasing the cost to
implement the requirements of the
school meal programs (which costs shall
be considered the total costs to
implement the regulations and not
limited to the cost of any changes to
the regulations); and
``(IV) not discouraging students
from participating in the school meal
programs;
``(iii) if necessary to meet the
requirements of clause (ii), revise the
regulations to meet such requirements;
``(iv) not later than 30 days prior to
publication under clause (v)(II) of the revised
regulations--
``(I) submit the revised
regulations for comment to the
Committee on Education and the
Workforce of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate;
``(II) review any comments provided
under subclause (I), and further revise
the regulations, if necessary to ensure
the revised regulations are in
compliance with clause (i); and
``(III) provide a public notice and
comment period of not less than 60
days, review the public comments, and
further revise the regulations, if
necessary to ensure the revised
regulations are in compliance with
clause (i); and
``(v) publish in the Federal Register, and
submit to the Committee on Education and the
Workforce of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate--
``(I) a notice that no changes to
the regulations are required and the
certification described in clause (ii);
or
``(II) the regulations, as revised
under clause (iv), and the
certification described in clause (ii).
``(B) First review.--The first review required
under subparagraph (A) after the date of enactment of
the Improving Child Nutrition and Education Act of 2016
shall--
``(i) be concluded not later than December
31, 2016;
``(ii) include a review of the sodium and
whole grain requirements under the regulations
for the school meal programs; and
``(iii) ensure that such requirements--
``(I) maintain the sodium target
requirements established for the school
lunch program and school breakfast
program under sections 210.10(f) and
220.8(f) of title 7, Code of Federal
Regulations, respectively (as such
regulations are in effect on the day
before the date of the enactment of the
Improving Child Nutrition and Education
Act of 2016) until such requirements
are revised in accordance with
subclause (II); and
``(II) in a case in which the
sodium target requirements are revised
as a result of the review described in
this subparagraph, ensure that such a
revision--
``(aa) is based on health
requirements for children;
``(bb) is supported by a
majority of research focused on
school-aged children that
directly establishes, through
well-controlled randomized
trials or well-designed, long-
term observational studies,
that sodium reductions are both
safe and produce beneficial
health outcomes for such
children;
``(cc) is able to support
food safety and be produced in
a manner that does not
significantly increase the cost
of food; and
``(dd) does not take effect
until 3 years after the
revision has been published in
the Federal Register.
``(C) Special rule for regulation relief for family
meal days.--
``(i) In general.--Subject to clause (ii),
the Secretary shall issue guidance, or
promulgate new rules as necessary, to ensure
each State agency provides guidance to school
food authorities with respect to the allowance
of up to 4 family meal days, as designated by a
school, which shall be exempt from the meal
pattern rules specified under the regulations
for the school meal programs, during which the
school may--
``(I) invite parents to participate
in special meals, such as a
Thanksgiving meal or a parents' day
meal; and
``(II) provide additional nutrition
education, such as recipe building or
healthy cooking classes to parents and
families on making healthy meal options
at home, which may be provided by an
entity or individual other than a
school food service director or food
service personnel.
``(ii) Clarification.--In issuing guidance
or promulgating rules under clause (i), the
Secretary shall not establish any requirements
or limitations for family meal days, except to
ensure that schools have the authority to hold
up to 4 family meal days per school year.
``(D) Regulation flexibility.--The Secretary shall
provide guidance, when there is difficulty in procuring
food to comply with the regulations, to allow a school
food authority to substitute food items across food
groups and subgroups, including in-season, locally-
produced fruits and vegetables, notwithstanding the
food-based meal patterns and menu planning requirements
of this subsection, provided that the school food
authority continues to meet applicable daily and weekly
nutrient and dietary requirements under this
subsection.''; and
(D) by adding at the end the following:
``(5) Accommodations.--The accommodation requirements
described in paragraph (1)(C)(i) shall apply to all programs
under this Act and all programs under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), except for section 17 of such
Act (42 U.S.C. 1786).''.
(5) by striking subsections (g) and (k);
(6) by redesignating subsections (h), (i), (j), and (l) as
subsections (g), (h), (i), and (j), respectively; and
(7) in subsection (g) (as so redesignated), by striking
``2011 through 2015'' each place it appears in paragraphs (3)
and (4) and inserting ``2017 through 2021''.
SEC. 105. MISCELLANEOUS PROVISIONS.
(a) Universal Meal Service in High Poverty Areas Threshold.--
Section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 17659a(a)(1)(F)) is amended--
(1) in clause (ii)(I), in the matter preceding item (aa),
by inserting ``(including a subset of schools within the local
educational agency if the result obtained by dividing the total
number of the identified students enrolled in such schools by
the total number of all students enrolled in such schools, is
above the threshold in clause (viii))'' after ``on behalf of
certain schools''; and
(2) by striking clause (viii) and inserting the following:
``(viii) Threshold.--
``(I) In general.--For each school year beginning
on or after July 1, 2017, the Secretary shall use a
threshold that is not less than 60 percent.
``(II) Community eligibility selection
transition.--In the case of a school that received
special assistance payments under this subparagraph
during the school year immediately prior to the school
year in which the Improving Child Nutrition and
Education Act of 2016 was enacted, such school shall,
not later than June 30, 2018--
``(aa) meet the threshold described in
subclause (I); or
``(bb) transition from receiving payments
under this subparagraph in accordance with
subclause (III).
``(III) Technical assistance.--In the case of
schools described in subclause (II)(bb), the Secretary
shall provide technical assistance to ensure that such
schools are able to effectively and efficiently
transition from receiving payments under this
subparagraph to receiving special assistance payments
otherwise made available under this paragraph,
including communicating the application process to
families in a timely manner to ensure continuity of
services for eligible families.''; and
(3) in clause (xi)--
(A) in subclause (II), by striking ``Not later than
December 31, 2013'' and inserting ``Not later than one
year after the date of enactment of the Improving Child
Nutrition and Education Act of 2016''; and
(B) in subclause (III), by striking ``If the
Secretary uses the authority provided in clause
(vii)(II)(bb) to use a different multiplier for
different schools or local educational agencies, for
each school year beginning on or after July 1, 2014,
not later than April 1, 2014'' and inserting ``If the
Secretary uses the authority provided in clause (vii),
for each school year beginning on or after July 1,
2017, not less than one year prior to the Secretary
electing to use such authority''.
(b) Reimbursement Rate.--Section 11(a)(3)(A) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 17659a(a)(3)(A)) is
amended by striking ``July 1'' and inserting ``February 15''.
(c) Definition of State Agency.--Paragraph (9) of section 12(d) of
the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(9))
is amended to read as follows:
``(9) State agency.--The term `State agency' means--
``(A) the chief State school officer (such as the
State superintendent of public instruction,
commissioner of education, or similar officer);
``(B) a board of education controlling the State
department of education;
``(C) the State Commissioner or individual who
administers agricultural programs in the State; or
``(D) a State official the State legislature
designates to administer the programs under this
Act.''.
(d) Procurement Training.--Section 12(m)(4) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1760) is amended by
striking ``2015'' and inserting ``2021''.
(e) Price for a Paid Lunch.--Section 12 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760) is further amended by
striking subsection (p) and redesignating subsections (q) and (r) as
subsections (p) and (q), respectively.
SEC. 106. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
Section 13 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1761) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by adding at the end the
following:
``(C) Educational and enrichment activities.--In
determining participation under subparagraph (A), the
State shall prioritize applications that include an
educational or enrichment activity, or demonstrate a
partnership with an entity providing such activity.'';
(B) by amending paragraph (8) to read as follows:
``(8) Streamlining.--
``(A) Seamless summer.--Except as otherwise
determined by the Secretary, a service institution that
is a public or private nonprofit school food authority
may provide summer or school vacation food service in
accordance with applicable provisions of law governing
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.).
``(B) Summer and cacfp at-risk streamlining.--
``(i) In general.--Notwithstanding
subsections (b)(2) and (c)(1), in order for
States and service institutions to operate more
effectively through the year, a State may elect
to streamline and simplify program operations
and requirements by reducing paperwork and
other administrative burdens, and consolidating
training, monitoring, and other requirements,
while retaining appropriate measures of program
integrity. Such State election may include the
utilization of technical assistance provided to
the State under clause (iv) and shall apply to
service institutions that--
``(I) are described in paragraphs
(6) or (7);
``(II) provide care to at-risk
school children (as defined in section
17(r)(2)), and may be eligible child
care centers or homes (as defined under
section 17(a)(2)); and
``(III) are not public schools.
``(ii) Streamlined reimbursement.--States
that demonstrate streamlined and simplified
program operations under clause (i) for service
institutions, and that are selected by the
Secretary under clause (v), shall streamline
reimbursements for such service institutions by
providing reimbursements for--
``(I) lunch and either breakfast or
a supplement served to at-risk school
children--
``(aa) during each day of
operation during the months of
May through September; and
``(bb) in the case of a
service institution that
provides meal service to such
children who are not in school
for a period during the school
year due to a natural disaster,
building repair, court order,
or similar cause, at any time
during such period in that
school year; and
``(II) up to 1 meal and 1
supplement served to at-risk school
children during each day of operation
outside of school hours during the
regular or continuous school calendar,
including after school, weekends, and
school holidays.
``(iii) Rate of reimbursement.--The State
shall reimburse service institutions seeking
reimbursement under this subparagraph at a rate
that is consistent with section 17(r)(4)(B).
``(iv) Technical assistance.--
``(I) In general.--Not later than
December 31, 2016, the Secretary shall
develop guidance and provide technical
assistance for States and service
institutions to assist in the
implementation of this subparagraph,
including by identifying areas of
programmatic overlap in the program
under this section and the child and
adult care food program under section
17 in order for States to simplify the
administration and oversight of each
such program.
``(II) Guidance.--Such guidance
shall include information on possible
ways States may ensure participation
under this subparagraph will lead to
reduced paperwork and other
administrative burdens, including
recommendations for streamlined program
applications, reporting requirements,
inspections, and other areas of
potential duplication, while retaining
appropriate measures of program
integrity.
``(III) Other states.--Information
provided under this clause shall be
provided in such a manner that any
State may identify areas of
programmatic overlap, and reduce
paperwork and other burdens, even if
such State has not yet been selected to
provide reimbursements to service
institutions in accordance with this
subparagraph.
``(v) Successful implementation.--
``(I) In general.--A State seeking
to provide reimbursements in accordance
this subparagraph shall demonstrate to
the Secretary the ways in which the
State has used the election under
clause (i) to reduce paperwork and
other administrative burdens while
retaining appropriate measures of
program integrity, which may include
the utilization of technical assistance
provided to the State under clause
(iv).
``(II) Initial selection of
states.--
``(aa) In general.--The
Secretary shall select not more
than 5 States to provide
reimbursements in accordance
with this subparagraph,
beginning in May 2017, if such
States have the capacity to
effectively implement this
subparagraph, as demonstrated
by streamlining and simplifying
program operations in
accordance with subclause (I).
``(bb) Update.--When
appropriate, but not later than
May 31, 2018, and consistent
with subclause (V)(bb), the
Secretary shall update the
information under clause (iv).
``(III) Next selection of states.--
``(aa) In general.--If the
Secretary determines that
additional States have the
capacity described in subclause
(I) and additional best
practices could be provided by
further implementation of this
subparagraph, the Secretary may
select not more than 5 such
States to provide
reimbursements in accordance
with this subparagraph
beginning in October 2018.
``(bb) Update.--Not later
than September 30, 2019, and
consistent with subclause
(V)(bb), the Secretary shall
update the information under
clause (iv) to reflect the
further implementation of this
subparagraph.
``(IV) Additional selection of
states.--The Secretary may select
additional States to provide
reimbursements in accordance with this
subparagraph beginning in May 2020, and
each year thereafter, if such States
have the capacity described in
subclause (I).
``(V) Best practices.--
``(aa) In general.--As a
condition of being selected
under this clause, a State
shall provide, in such time and
in such manner as the Secretary
may reasonably require,
information to the Secretary
regarding best practices of
successful implementation of
this subparagraph.
``(bb) Update.--The
Secretary shall continue to
periodically update the
information under clause (iv)
to include the best practices
provided under item (aa) for
continued successful
implementation of this
subparagraph.'';
(C) by striking paragraphs (9), (10), and (12); and
(D) by redesignating paragraph (11) as paragraph
(9); and
(E) by adding at the end the following:
``(10) Temporary allowance for off-site consumption.--
``(A) In general.--Beginning in May 2017, the
Secretary shall grant requests made by a State to allow
children who are participating in the program but for
whom an operation under paragraph (12) is not
available, to consume meals away from a congregate
feeding site when the program is available to such
children at the site, but--
``(i) the site is closed due to extreme
weather conditions;
``(ii) violence or other public safety
concerns in the area temporarily prevent
children from traveling safely to the site; or
``(iii) other emergency circumstances, as
defined by the State, prevent access to the
site.
``(B) Limitations.--In granting a request under
subparagraph (A), the Secretary shall ensure that--
``(i) allowances are issued by a State only
between the months of May through September;
``(ii) allowances are granted in the most
efficient and effective manner to ensure
programs and States can quickly respond and
adapt to the circumstances described in clauses
(i) through (iii) of subparagraph (A); and
``(iii) once an allowance is issued, any
meal in which a component is offered but not
served is not reimbursed under subsection (b).
``(C) State plan.--As part of the management and
administration plan described in subsection (n), a
State shall describe--
``(i) the approval process, including the
timeline, the State would undertake to issue an
allowance;
``(ii) standards for what circumstances
merit an allowance, how long an allowance will
last, and when an allowance may be extended;
and
``(iii) how the program would operate once
an allowance is issued.
``(11) Off-site consumption.--
``(A) In general.--Beginning in May 2017, a State
may elect for service institutions to carry out an off-
site consumption operation in the State to provide
summer food service program meals to children eligible
to participate in the program that such children may
consume away from a congregate feeding site.
``(B) Availability.--The operation described in
subparagraph (A) shall be available to a child
described in subparagraph (A) only if the child lives
in an area that is eligible to participate in the
summer food service program, but that is not currently
being served, and such area--
``(i) is rural, as defined by the State; or
``(ii) is not rural, and is an area in
which more than 80 percent of students are
certified as eligible for free or reduced price
meals.
``(C) Administration.--
``(i) In general.--The following shall
apply to an operation described in subparagraph
(A):
``(I) The number of meals served to
each child in a single meal service is
limited to 2 meals, and the number of
meals in a seven-day period shall be
limited to 10 meals.
``(II) Any meal served shall meet
the same standards for nutrition,
safety, and quality as a meal served at
a congregate feeding site.
``(III) Any meal in which a
component is offered but not served
shall not be reimbursed under
subsection (b).
``(IV) Each State shall give
priority to children who are living
where congregate feeding sites are not
accessible.
``(V) Nothing in this section shall
be construed to allow congregate
feeding sites to cease from operating
in order to be replaced by off-site
consumption operations under this
paragraph.
``(VI) A State shall not--
``(aa) operate an off-site
consumption operation
simultaneously in the same
service area with a congregate
feeding site;
``(bb) use more than 10
percent of funds received for
administrative expenses to
carry out this paragraph; or
``(cc) implement an off-
site consumption operation in
all service areas in the State.
``(ii) State plan.--Each State choosing to
provide summer food service program meals
through an off-site consumption operation under
this paragraph shall describe how the State
plans to implement the operation in the
management and administration plan in
subsection (n), which shall include information
on how the State will--
``(I) document operation, including
implementation;
``(II) determine the method for
selecting eligible areas and eligible
service institutions to most
effectively deliver summer food service
program meals in the manner described
in this paragraph;
``(III) design mechanisms by which
households with children eligible to
participate in the program could
indicate a need for meal service
through such an operation;
``(IV) develop an appropriate
maintenance of effort requirement for
service institutions currently
operating congregate feeding sites;
``(V) develop requirements for
implementing safety and security
measures to ensure that safety and
security through such an operation is
equivalent to such measures at a
congregate feeding site; and
``(VI) periodically reevaluate the
potential for children to be served at
a congregate feeding site.'';
(2) in subsection (k)(3)--
(A) by striking ``(3) To provide'' and inserting
the following:
``(3) Nutritional and food quality monitoring.--
``(A) In general.--To provide''; and
(B) by adding at the end the following:
``(B) Insufficient funds.--
``(i) In general.--If funds provided under
subparagraph (A) are insufficient to pay for
State or local health department inspections,
and to reinspect facilities and deliveries to
test meal quality, as required under this Act
or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), State agencies may elect to use
funds described in paragraph (1) for those
activities.
``(ii) Limitation.--Funds described in
clause (i) shall not exceed the lesser of--
``(I) actual costs; or
``(II) 1 percent of program
funds.'';
(3) by amending subsection (n) to read as follows:
``(n) State Plan.--Each State desiring to participate in the
program shall notify the Secretary by January 1 of each year of its
intent to administer the program and shall submit, by February 15, a
management and administration plan for the program for the fiscal year,
which shall include, at a minimum--
``(1) the State's administrative budget for the fiscal
year; and
``(2) the State's plans for--
``(A) use of program funds and additional State or
private funds to reach children with the greatest need,
to the maximum extent practicable;
``(B) strengthening the congregate feeding model
for program delivery, including a process for
identifying gaps in service and barriers to access;
``(C) administrative and fiscal plans for using the
allowance described in subsection (a)(10) and, if
applicable, the option described in subsection (a)(11)
to assist service institutions in reaching children
with the greatest need;
``(D) providing technical assistance and training
for eligible service institutions;
``(E) monitoring and inspecting service
institutions, feeding sites, and food service
management companies and ensuring that such companies
do not enter into contracts for more meals than they
can provide effectively and efficiently, and in
compliance with the program;
``(F) timely and effective action against program
violators; and
``(G) ensuring fiscal integrity by auditing service
institutions not subject to auditing requirements
prescribed by the Secretary.''; and
(4) in subsection (r), by striking ``2015'' and inserting
``2021''.
SEC. 107. COMMODITY DISTRIBUTION PROGRAM.
Section 14 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1762a) is amended--
(1) in subsection (f), in the third sentence--
(A) by striking ``section 9(a) of this Act'' and
inserting ``section 9(f)''; and
(B) by striking ``represent the four basic food
groups, including'' and inserting ``include''; and
(2) by striking subsection (h).
SEC. 108. CHILD AND ADULT CARE FOOD PROGRAM.
(a) In General.--Section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (B), in the matter
preceding clause (i), by striking ``if'' and
inserting ``if, during the month preceding the
date of submission of the applicable initial
application or reapplication'';
(ii) in subparagraph (E), by striking
``and'' at the end;
(iii) in subparagraph (F), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(G) any public or licensed nonprofit private
residential child care institution (as defined in
subsection (v)(1)) that is not concurrently receiving
reimbursement under the school lunch program under this
Act or the school breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
``(H) any boarding school funded by the Bureau of
Indian Education that is not concurrently receiving
reimbursements under such school lunch program or
school breakfast program.''; and
(B) in paragraph (3), by striking ``subsection
(r)'' and inserting ``subsections (r) and (v)''; and
(C) by adding at the end the following:
``(7) Duration of determination.--With respect to an
institution described in paragraph (2)(B), an eligibility
determination under this subsection shall remain in effect for
a period of 4 months after the date such institution is
approved by the State under subsection (d).'';
(2) in subsection (b), by striking ``For the fiscal year
ending September 30, 1979, and for each subsequent fiscal year,
the'' and inserting ``The'';
(3) in subsection (d)--
(A) in paragraph (4)--
(i) by striking ``In consultation'' and
inserting the following:
``(A) In general.--In consultation''; and
(ii) by adding at the end the following:
``(B) Reports.--Each sponsoring organization shall,
on an annual basis, submit to the applicable State
agency a report that describes, with respect to the
preceding fiscal year--
``(i) the expenditures of program funds by
the sponsoring organization; and
``(ii) the amount of meal reimbursements
retained by the sponsoring organization for
administrative costs, if applicable.''; and
(B) in paragraph (5), by adding at the end the
following:
``(F) Serious deficiency process.--
``(i) In general.--Not later than 1 year
after the date of the enactment of the
Improving Child Nutrition and Education Act of
2016, the Secretary shall review the serious
deficiency process for the program under this
section.
``(ii) Review.--In carrying out clause (i),
the Secretary shall review the processes for,
and those involved in--
``(I) a finding of serious
deficiency, including--
``(aa) what measures
automatically result in a
finding of serious deficiency;
and
``(bb) how differentiation
is being made between--
``(AA) a reasonable
margin of human error
and systematic or
intentional
noncompliance; and
``(BB) State-
specific requirements
and Federal law and
regulations, if
applicable;
``(II) appeals and mediation in any
case in which there is a finding of
serious deficiency;
``(III) determining the
circumstances under which a corrective
action plan is acceptable;
``(IV) information sharing between
Departments of Agriculture and Health
and Human Services; and
``(V) termination and
disqualification, including maintenance
of the list under subparagraph (E).
``(iii) Guidance and regulations.--
``(I) In general.--After conducting
the review under this subparagraph, the
Secretary shall use findings from such
review to assist sponsoring
organizations, State agencies, and the
Food and Nutrition Service in ensuring
a fair, uniform, and effective
administration of the serious
deficiency process, while retaining
program integrity, by issuing guidance,
and, as appropriate, regulations, on
the following:
``(aa) Clarity on the
different measures for
noncompliance.
``(bb) Parameters for an
appeals process to review a
finding of serious deficiency
or a determination that a
corrective action plan is
inadequate.
``(cc) Adequate timeframes
under a corrective action plan
for compliance that are
consistent for all types of
institutions participating in
the program, including family
or group day care homes.
``(II) Information sharing.--Within
such guidance or regulation, and as
soon as practicable, the Secretary
shall ensure information about findings
are shared with the Secretary of Health
and Human Services as to allow for
maximum health, safety, oversight, and
monitoring of participating child care
and Head Start facilities.'';
(4) in subsection (f)--
(A) in paragraph (2)(C), by adding at the end the
following:
``(iii) Carryover funds.--Not more than 10
percent of the amount reserved by sponsoring
organizations under clause (i) for
administrative expenses for a fiscal year may
remain available for obligation or expenditure
in the succeeding fiscal year for
administrative purposes.''; and
(B) in paragraph (3)--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraphs (D) and
(E) as subparagraphs (C) and (D), respectively;
(5) in subsection (g), by striking paragraph (6) and
inserting the following:
``(6) Use of donated foods.--To the maximum extent
practicable, each institution shall use in its food service
foods that are donated by the Secretary.'';
(6) in subsection (h)(1), by adding at the end the
following:
``(E) Engagement with state and local agencies.--
``(i) In general.--Subject to clause (ii),
institutions participating in the program under
this section may engage with State agencies and
local educational agencies to use existing
infrastructure to enhance the use of, and
increase access to, donated commodities.
``(ii) Effect of subparagraph.--Nothing in
this subparagraph shall compel a local
educational agency unwillingly to serve any
institution participating in the program under
this section.'';
(7) in subsection (i)(2)(B)(i), by striking ``if the State
agency demonstrates'' and all that follows through the period
at the end and inserting ``if the State agency demonstrates
that the State agency can use funds to improve program
management, oversight, and integrity, including by working with
other State agencies involved with the monitoring of
institutions under this section in order to streamline and
coordinate the efforts of such State agencies.'';
(8) in subsection (r), by striking paragraphs (5) and (6);
(9) in subsection (s)(2)(C), by striking ``parents of
enrolled children at enrollment'' and inserting ``parents or
legal guardians of enrolled children in an easily accessible
manner'';
(10) in subsection (u)(3)--
(A) in subparagraph (C)(i), by inserting ``for
distribution to participants and families of
participants'' after ``nutrition education''; and
(B) in subparagraph (H), by adding at the end the
following:
``(iii) Sunset.--The Secretary shall return
to the general fund of the Treasury any funds
that were--
``(I) made available under this
subparagraph; and
``(II) not obligated as of the date
of the enactment of the Improving Child
Nutrition and Education Act of 2016.'';
and
(11) by adding at the end the following:
``(v) Participation by Residential Child Care Institutions.--
``(1) Definition of residential child care institution.--In
this subsection, the term `residential child care institution'
means any public or nonprofit private residential child care
institution, or distinct part of such an institution, that--
``(A) operates principally for the care of
children; and
``(B) if private, is licensed to provide
residential child care services under the appropriate
licensing code by the State or local agency.
``(2) Administration.--Except as otherwise provided in this
subsection, a residential child care institution shall be
considered eligible for reimbursement for meals and supplements
served to eligible children residing at the residential child
care institution, so long as the institution does not
simultaneously participate in the school lunch program under
this Act or the school breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
``(3) Meal or supplement reimbursement.--
``(A) Limitations.--A residential child care
institution may claim reimbursement under this
section--
``(i) only for a meal or supplement served
to children residing at the residential child
care institution, who are--
``(I) not more than 18 years of
age; or
``(II) children with disabilities;
and
``(ii) for not more than--
``(I) 1 breakfast, 1 lunch, and 1
supplement per child per day; or
``(II) 1 breakfast, 1 supper, and 1
supplement per child per day.
``(B) Rate.--A meal or supplement eligible for
reimbursement under this subsection shall be reimbursed
at the rate at which free, reduced price, and paid
meals and supplements, respectively, are reimbursed
under subsection (c).''.
(b) Advisory Committee.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish and
convene an advisory committee--
(A) to examine the feasibility of reducing
unnecessary or duplicative paperwork resulting from
regulations and recordkeeping requirements, including
paperwork resulting from additional State requirements,
for individuals and entities participating or seeking
to participate in the child and adult care food program
under section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766) (as amended by
subsection (a)), including (within the meaning of that
Act (42 U.S.C. 1751 et seq.))--
(i) State agencies;
(ii) family child care homes;
(iii) child care centers;
(iv) sponsoring organizations; and
(v) families.
(B) to provide recommendations to reduce
unnecessary or duplicative paperwork for those program
participants while ensuring that proper accountability
and program integrity are maintained.
(2) Representation.--The advisory committee under this
subsection shall include representation from each of the
following (within the meaning of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), as
applicable):
(A) Public and private nonprofit organizations.
(B) Home-based day care providers.
(C) Head Start centers.
(D) For-profit proprietary organizations.
(E) Shelters for homeless families.
(F) Adult day care centers.
(G) State agencies.
(H) Sponsor organizations that provide
administrative support to multiple providers.
(3) Considerations.--In developing the recommendations
under this subsection, the advisory committee shall take into
consideration, as appropriate--
(A) any existing information, recommendations, and
reports from the paperwork reduction work group
convened by the Food and Nutrition Service in response
to section 119(i) of the Child Nutrition and WIC
Reauthorization Act of 2004 (42 U.S.C. 1766 note; 118
Stat. 755);
(B) the use of technology for electronic
recordkeeping to reduce paperwork burdens on program
participants and providers; and
(C) input from additional advocates and
stakeholders for a broader knowledge base, if the
advisory committee determines necessary.
(4) Secretarial action.--
(A) Guidance or regulations.--
(i) Issuance.--Not later than 1 year after
the date of the enactment of this Act, the
Secretary shall issue guidance or regulations,
as appropriate, based on the recommendations of
the advisory committee under paragraph (1)
regarding streamlined and consolidated
paperwork and recordkeeping requirements,
including applications, monitoring and auditing
requirements, and any other areas recommended
by the advisory committee intended to reduce
administrative burden.
(ii) Implementation.--Not later than 18
months after the date of the enactment of this
Act, the Secretary shall implement any changes
resulting from the guidance or regulations
described in clause (i).
(B) Report.--After issuing any guidance or
regulations under subparagraph (A), the Secretary shall
submit to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Education
and the Workforce of the House of Representatives a
report describing any recommendations for legislative
changes to further strengthen and streamline the
application and monitoring process and reduce
administrative burden on grantees, participants, local
and State governments, and the Federal Government.
SEC. 109. DEMONSTRATION PROJECTS.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended--
(1) by striking subsections (g), (h), (j), and (k);
(2) by redesignating subsection (i) as subsection (g);
(3) in subsection (g)(5), as so redesignated, by striking
``2011 through 2015'' and inserting ``2017 through 2021'';
(4) by inserting after subsection (c) the following:
``(d) Access to Local Foods: Farm to School Program.--
``(1) Program.--The Secretary shall carry out a program to
assist eligible schools, State and local agencies, Indian
tribal organizations, agricultural producers or groups of
agricultural producers, and nonprofit entities through grants,
technical assistance, and research to implement farm to school
programs that improve access to local foods and improve
nutrition education in eligible schools.
``(2) Definitions.--In this subsection:
``(A) Agricultural producer.--The term
`agricultural producer' means a farmer, rancher, or
fisher (including of farm-raised fish).
``(B) Eligible school.--The term `eligible school'
means a school or institution that participates in--
``(i) a program under this Act, including
the summer food service program for children
under section 13 and the early care and
afterschool portions of the child and adult
care food program under section 17; or
``(ii) the school breakfast program
established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
``(3) Grants.--
``(A) In general.--The Secretary shall award
competitive grants under this subsection to be used for
implementing farm to school programs for the purposes
of improving access to local foods and improving
nutrition education, through--
``(i) research, training, and technical
assistance;
``(ii) supporting operations;
``(iii) planning;
``(iv) purchasing equipment;
``(v) developing school gardens; and
``(vi) developing partnerships to
facilitate nutrition education and healthy
eating.
``(B) Regional balance.--In making awards under
this subsection, the Secretary shall, to the maximum
extent practicable, ensure--
``(i) geographical diversity; and
``(ii) equitable treatment of urban, rural,
and tribal communities.
``(C) Improved procurement and distribution.--Funds
provided under this subsection may be used to improve
local food procurement and distribution options between
agricultural producers and eligible schools, including
innovative approaches to aggregation, processing,
transportation, and distribution.
``(D) Awards.--
``(i) Maximum amount.--The total amount
provided to a grant recipient under this
subsection shall not exceed $150,000.
``(ii) Term.--The term of an award shall
not exceed 3 years.
``(iii) Limitation.--The Secretary shall
not award any entity more than 1 grant at any
given time.
``(iv) Purpose and scope.--In carrying out
this subsection, the Secretary shall make
awards of diverse amounts and duration so as to
best match a variety of purposes, scopes, and
needs of the project proposals.
``(E) Limitation.--The Secretary shall not award a
grant under this subsection if the majority of grant
funds would be used solely for the purpose of carrying
out a conference.
``(4) Federal share.--
``(A) In general.--The Federal share of costs for a
project funded through a grant awarded under this
subsection shall not exceed 75 percent of the total
cost of the project.
``(B) Federal matching.--As a condition of
receiving a grant under this subsection, a grant
recipient shall provide matching support in the form of
cash or in-kind contributions, including facilities,
equipment, or services provided by State and local
governments, nonprofit organizations, and private
sources.
``(5) Criteria for selection.--
``(A) In general.--To the maximum extent
practicable, in providing assistance under this
subsection, the Secretary shall give priority to
proposals to--
``(i) serve a high proportion of children
who are eligible for free or reduced price
meals;
``(ii) incorporate nutrition education
activities that encourage the participation of
school children in farm and garden-based
agricultural education activities;
``(iii) provide families the opportunity to
participate in educational programming,
including through materials and engagement
activities, to improve nutrition outside the
school environment;
``(iv) demonstrate collaboration between
eligible schools, nongovernmental and
community-based organizations, agricultural
producer groups, and other community partners;
``(v) make local food products available on
the menu of reimbursable meals under this Act
at the eligible school;
``(vi) demonstrate the potential for long-
term program sustainability with non-Federal
funds; and
``(vii) expand the selection of local
commodities available for eligible schools.
``(B) Tribal community projects.--In the case of
projects serving tribal communities, the Secretary
shall, to the maximum extent practicable, give highest
priority to projects that propose to use products from
tribal agricultural producers, in addition to the
priorities under subparagraph (A).
``(6) Evaluation.--As a condition of receiving a grant
under this subsection, each grant recipient shall agree to
cooperate in an evaluation of the program by the Secretary.
``(7) Technical assistance and research.--
``(A) In general.--The Secretary shall provide
technical assistance, research, and information through
amounts reserved under this subsection for such
purposes, to assist schools, State and local agencies,
Indian tribal organizations, agricultural producers,
and nonprofit entities--
``(i) to facilitate the coordination and
sharing of information and resources that may
be applicable to the farm to school program;
``(ii) to collect and share information on
best practices;
``(iii) to disseminate research and data on
existing farm to school programs and the
potential for programs to begin in underserved
areas; and
``(iv) to increase awareness of, and
participation in, farm to school programs among
agricultural and aquiculture producers or
agricultural producer groups, including
beginning, veteran, and socially disadvantaged
farmers and ranchers.
``(B) Review.--Not later than 1 year after the date
of the enactment of the Improving Child Nutrition and
Education Act of 2016 and every 3 years thereafter, the
Secretary shall review and submit to the Committee on
Agriculture and the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that describes the regulatory and
other barriers related to including locally or
regionally produced food products in school food
programs, including any progress that has been made in
identifying and eliminating such barriers through
examining--
``(i) barriers to the development and
implementation of successful farm to school
programs;
``(ii) the direct and indirect costs
affecting the production and marketing of
locally or regionally produced agricultural
food products for school food programs;
``(iii) the costs local school food
programs incur by acquiring such local foods
for school meal programs in comparison to the
costs for other foods in such school meal
programs; and
``(iv) local and regional market access for
such food products, partnerships, small-scale
production, and any barriers to and long-term
feasibility of such access.
``(8) Funding.--
``(A) In general.--On October 1, 2016, and each
October 1 thereafter, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out
this subsection $10,000,000, to remain available until
expended.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
``(C) Administration.--Of the funds made available
to the Secretary under subparagraph (A), not more than
5 percent may be used to pay administrative costs
incurred by the Secretary in carrying out this
subsection and evaluating the program in accordance
with paragraph (6).
``(e) Summer Meal Service Through Business Partnership.--
``(1) In general.--From the funds made available under the
summer food service program under section 13, the Secretary
shall award grants on a competitive basis to not more than 4
State agencies to improve delivery of such summer food service
program for low-income children in underserved areas during the
summer through sustainable, scalable, business-driven
solutions.
``(A) Duration.--A grant awarded under this
subsection shall be for a period of not more than 3
years.
``(B) Priority.--In awarding grants under this
subsection, the Secretary shall give priority to State
agencies that have met the application requirements
under this subsection and which demonstrate a severe
unmet need for serving children in additional eligible
areas in the State through the summer food service
program under section 13.
``(C) Limitation.--Funds under this subsection
will--
``(i) be awarded for the purpose of
reducing childhood hunger and allowing parents
to better participate in the labor force or an
education or workforce development program; and
``(ii) not preempt or prevent operation of
the summer food service program under section
13.
``(2) State application.--A State seeking to improve
delivery of the summer food service program in such State in
accordance with this subsection shall submit an application at
such time and in such manner as the Secretary may reasonably
require. The application shall contain--
``(A) State plans to implement and manage the
program in accordance with other applicable Federal
requirements under this Act;
``(B) a determination of the eligible areas in the
State in which poor economic conditions exist in
accordance with the program, but where an eligible
service institution is not currently in operation,
where the State may reimburse a vendor;
``(C) identified eligible vendors which the State
has determined to be qualified to provide meals in
accordance with this subsection;
``(D) a proposed timeline for entering into
contracts with eligible vendors and strategies for
effective communication; and
``(E) an assurance that funds will be used to
provide meals to the most vulnerable, underserved, and
rural populations, as determined by the State.
``(3) Eligible vendor.--For purposes of this subsection, an
eligible vendor is a food vendor which the State determines has
the administrative capacity and proven operating performance to
provide eligible meals to children in underserved areas in
accordance with this subsection and the summer food service
program requirements on management responsibilities of sponsors
and self-preparation sites, including requirements that the
vendor--
``(A) accepts final administrative and financial
responsibility for management of an effective food
service, including auditing and reporting
responsibilities, but will not receive administrative
funding from the State to do so;
``(B) has not been determined ineligible to
participate in any other program under this Act or the
Child Nutrition Act of 1966 by reason of violation of
the requirements of that program;
``(C) will provide adequate supervisory and
operational personnel for monitoring and management of
a self-preparation site;
``(D) contracts directly with the State as a
sponsor;
``(E) ensures that meals are inspected periodically
as required under existing program regulations;
``(F) participates in applicable State and Federal
reporting and auditing requirements under this Act as
appropriate, including to provide other information
determined relevant by the Secretary in accordance with
paragraph (5);
``(G) has State or local health certification for
the facilities in which meals will be prepared and
distributed for use in the program, and ensures that
State and local health and sanitation requirements are
met at all times; and
``(H) has the organizational capacity to offer
meals in underserved communities, including preparation
and delivery logistics.
``(4) State disbursement.--A State shall use the grant
awarded to the State under this subsection to reimburse an
eligible vendor for meals served to eligible children in
accordance with the summer food service program under section
13 and with this subsection, as follows:
``(A) Reimbursements shall be available for an
eligible vendor operating in an eligible area in which
poor economic conditions exist where no sponsor is
currently operating the program under section 13.
``(B) To the extent practicable, a State shall give
priority to eligible vendors that--
``(i) demonstrate partnerships with
entities providing summer enrichment activities
such as schools, local government agencies, and
nonprofit agencies; and
``(ii) provide meals at a congregate site.
``(C) A State shall follow established procedures
in entering into contracts with a vendor, such as
through a Request for Proposal, Invitation for Sealed
Bid, Small Purchase Procedure, or other common method.
``(5) Auditing.--
``(A) State reporting.--Not later than 1 year after
the end of the grant period for a grant awarded to a
State under this subsection, the State shall submit to
the Secretary a report on--
``(i) the activities carried out with such
grant; and
``(ii) the impacts of such activities on
children, families, and eligible service
institutions during the summer.
``(B) Report from secretary.--No later than 4 years
after the first grant is awarded under this subsection,
the Secretary shall provide to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report on the
grant program under this subsection, which shall
include--
``(i) a review of information submitted by
States under subparagraph (A); and
``(ii) best practices on reducing childhood
hunger in the summer months.
``(6) Limitations.--The following rules shall apply with
respect to this subsection:
``(A) No commodities shall be provided to
businesses or vendors under this subsection.
``(B) Vendors shall assume all administrative costs
under this subsection.
``(C) Meals shall be provided to children eligible
for the summer food service program under section 13.
``(D) A vendor receiving reimbursements shall not
profit directly from such reimbursements under this
subsection.
``(E) The Secretary shall include payments to
States under this subsection in its calculations for
administrative costs incurred by States under
subsection (k)(1) of section 13.
``(f) Summer Electronic Benefit Transfer for Children.--
``(1) Purpose.--The purposes of the provision of electronic
benefits provided through this subsection are to assess the use
of alternate methods of providing access to food for children
during the summer months when school is not in regular session
that are intended to--
``(A) increase summer food service program
effectiveness and efficiency;
``(B) reduce or eliminate the food insecurity and
hunger of children; and
``(C) improve the nutritional status of children.
``(2) Demonstration.--
``(A) Election.--A State that, as of the date of
enactment of the Improving Child Nutrition and
Education Act of 2016, is operating, or has operated, a
summer electronic benefit transfer for children
demonstration may elect to continue operating such
demonstration in accordance with the requirements of
this subsection as an alternative to other delivery
models of providing meals to children during the summer
months when school is not in regular session.
``(B) State requirements.--As a condition of
participating in the demonstration under this
subsection, a State shall--
``(i) comply with the requirements under
this subsection; and
``(ii) agree to provide such information
the Secretary may require for the evaluation of
the demonstration as required under this
subsection.
``(3) Definitions.--In this subsection:
``(A) Eligible household.--The term `eligible
household' means a household that includes 1 or more
school-aged child determined as eligible to receive
free or reduced price school meals during the prior
school year, but such child is not participating in a
program that provides food during the summer through
the summer food service program under section 13.
``(B) State.--The term `State' includes a tribal
entity.
``(C) Summer electronic benefit transfer for
children demonstration.--The term `summer electronic
benefit transfer for children demonstration' means an
electronic benefit transfer demonstration project under
section 748(g)(1) of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Appropriations Act, 2010 (Public Law 111-80; 123 Stat.
2132).
``(4) Benefit levels.--
``(A) In general.--The Secretary shall approve
States seeking to make an election under paragraph
(2)(A) that will evaluate the impact of providing a
variety of differentiated benefit levels to eligible
children as a way to reach such children to the
greatest extent practicable. The values of such
benefits shall be determined by the State, but shall be
between $15 and $30 per month for each school-aged
child in an eligible household.
``(B) Rate determination.--In determining the
values under subparagraph (A), a State may consider
differentiating rates based on the need for such
benefits, which may be determined through factors such
as--
``(i) the proportion of applicants that are
eligible for free price meals;
``(ii) total number of households and
children seeking to participate;
``(iii) food security in children across
communities in such State;
``(iv) average redemption rates of
benefits;
``(v) impact of such values at improving
food security in children;
``(vi) availability of other community
programs that provide meals to children during
the summer months when school is not in regular
session where children might otherwise receive
nutrition assistance; and
``(vii) any other information a State
determines is useful for determining such
rates.
``(C) Limitations.--
``(i) Time.--No child may receive more than
3 months of benefits under this paragraph in
any 12-month period.
``(ii) Amount.--No child may receive more
than $30 of benefits under this paragraph per
month.
``(D) Cost sharing.--Nothing in this paragraph
shall be construed to prohibit States or local entities
from providing additional non-Federal resources for the
purposes of this subsection.
``(5) Effective implementation.--
``(A) In general.--In administering this subsection
and providing benefits to children in accordance with
this subsection, a State shall consider previous State
experiences and best practices in implementing the
summer electronic benefit transfer for children
demonstration carried out before the date of enactment
of the Improving Child Nutrition and Education Act of
2016, including information evaluating findings of the
demonstration (including the 2013 final report
published by the Department of Agriculture).
``(B) Technical assistance.--The Secretary shall
provide, and periodically update, technical assistance
to States for purposes of this paragraph.
``(6) Use of benefits.--
``(A) In general.--Benefits issued to families
through the election under paragraph (2)(A) may be used
only for the purchase of food for consumption by
school-aged children in such family.
``(B) Timing.--Benefits issued through the election
described in this subparagraph may be redeemed only
when school is out of session for the summer period.
``(7) Administration.--In administering this subsection,
the State shall--
``(A) ensure that benefits are issued only to
eligible households that live--
``(i) in areas with high rates of poverty
or long-term poverty that are rural and have no
congregate feeding sites or access to meals
otherwise provided through the summer food
service program authorized under section 13; or
``(ii) outside an area in which poor
economic conditions exist but in an area with
no access to meals otherwise provided through
the summer food service program authorized
under section 13;
``(B) issue benefits to eligible households only
after such household has made an oral or written
request to receive electronic benefit transfer benefits
under this subsection; and
``(C) document how the election will be
administered in the management and administration plan
described in subsection (n), including the process for
identifying areas in which benefits will be issued.
``(8) Evaluation.--The Secretary shall provide for an
ongoing, independent evaluation of the demonstration carried
out under this subsection, including quasi-experimental or
other methods that are capable of producing scientifically
valid information to determine effectiveness in achieving the
purposes described in paragraph (1), including examining or
assessing--
``(A) feasibility of, or barriers to, successful
implementation of this subsection;
``(B) varied approaches in State implementation of
this subsection, including different approaches,
challenges, and lessons learned;
``(C) specific levels of use and receipt of
benefits;
``(D) impact on children's food security and
nutritional impacts, including by the different impacts
on children in a variety of geographical areas such as
rural, urban, and suburban areas, localities, and
States;
``(E) total cost (including administrative cost) of
implementing and operating this subsection, including
in comparison to other methods of providing summer meal
service to school-aged children;
``(F) impacts and results of such evaluation in
comparison to evaluations of the summer electronic
benefits transfer for children demonstration published
by the Secretary of Agriculture; and
``(G) the potential for benefits provided under
this subsection to improve effectiveness and efficiency
of the summer food service program in comparison to
other methods of providing summer meal service to
school-aged children.
``(9) Report.--Not later than one year after amounts are
first appropriated under paragraph (10), and each year
thereafter, the Secretary shall submit to Congress a report
that--
``(A) includes the information resulting from the
most recent evaluation under paragraph (8); and
``(B) takes into consideration evaluations of the
summer electronic benefits transfer for children
demonstration published by the Secretary of
Agriculture.
``(10) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to carry out this subsection not more than
$10,000,000 for each of fiscal years 2018 through 2020,
to remain available until expended.
``(B) Limitations.--Of such appropriations, for
each fiscal year--
``(i) each State shall utilize a portion
for administrative funds that shall be equal to
the levels necessary to effectively and
efficiently administer the State's
demonstration under this subsection, as
determined by the State;
``(ii) not more than 1 percent may be spent
on administrative funds by the Secretary; and
``(iii) not more than $499,999 shall be
available for the Secretary to comply with
paragraph (8).
``(11) Guidance.--Not later than December 31, 2016, the
Secretary shall provide guidance to States to implement this
subsection, including recommendations for States to
successfully continue to implement the summer electronic
benefit transfer for children demonstration while complying
with the new or additional requirements of this subsection.'';
and
(5) by adding at the end the following:
``(h) State Administration of Child Nutrition Programs.--
``(1) Purposes.--The purposes of this subsection are to
provide States flexibility to develop programs and policies to
best meet the nutritional needs of school-aged children in the
State by providing flexibility over school meal programs under
this Act and section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773) and other programs to address such needs more
effectively and efficiently with less Federal involvement,
including by--
``(A) removing duplication, redundancies,
regulatory burden, and unnecessary requirements
resulting from the Federal administration of the school
meal programs;
``(B) more efficiently using Federal, State, local,
and nongovernmental resources to strengthen delivery of
the school meal programs and other programs; and
``(C) supporting healthy meals through involvement
by parents, family members, and the community,
including nonprofit organizations, health
organizations, and school officials from large and
small urban, suburban, and rural areas in the State.
``(2) Grants authorized.--
``(A) In general.--The Secretary shall award
grants, on a competitive basis, to up to 3 States to
enable the States to carry out the activities described
in this subsection.
``(B) Considerations.--In awarding grants under
this subsection, the Secretary shall--
``(i) in a case in which more than 3 States
apply for a grant under this subsection, give
priority to States by taking into consideration
regional diversity; and
``(ii) ensure each State awarded a grant
under this subsection meets the required
assurances under paragraph (3)(D), except that
the Secretary shall not approve or disapprove
an application on the basis of a State's plan
or proposed program.
``(C) Duration of grants.--A grant to a State under
this subsection--
``(i) shall be awarded to the State for a
3-year period; and
``(ii) may be renewed by the Secretary for
an additional 3-year period if the State can
demonstrate success in meeting the nutritional
needs of the school-aged children in the State.
``(D) Amount of grants.--The amount of a grant
awarded to a State under this subsection for each year
of the grant period shall be equal to the amount
described in paragraph (3)(C).
``(E) Matching requirement.--Each State that
receives a grant under this subsection shall provide
funds from non-Federal sources (which may be provided
in cash, commodities, or in kind) to support the
activities under this subsection.
``(F) Limitations.--A State that receives a grant
under this subsection may not, during any period during
which the State receives such grant, receive funds
under any of the following:
``(i) The school lunch program under this
Act.
``(ii) The school breakfast program under
section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773).
``(iii) The special milk program under
section 3 of the Child Nutrition Act of 1966
(42 U.S.C. 1772).
``(iv) The State administrative expenses
funding under section 7 of the Child Nutrition
Act of 1966 (42 U.S.C. 1776).
``(v) The team nutrition network under
section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1788).
``(3) Application.--To receive a grant under this
subsection, a State shall submit an application at such time
and in such manner as the Secretary may reasonably require. The
application shall contain--
``(A) an assurance that each school-aged child in
the State will have access to at least one affordable
meal service option during the school day at the school
in which the child is enrolled, and a plan for how the
State will carry out such assurance, including--
``(i) the income thresholds or other needs-
based determinations to be used for
determining--
``(I) which students are eligible
for free meals;
``(II) which students are eligible
for reduced price meals; and
``(III) which students are required
to pay the full price for meals;
``(ii) the estimated number of students in
the State eligible for the thresholds for each
meal category described in clause (i);
``(iii) the price to be charged to students
eligible for reduced price meals and the price
to be charged to students required to pay the
full price for meals;
``(iv) how the State will identify and
verify eligibility of such students, such as
through census data, application processes, or
any other State-determined method;
``(v) an identification of any non-Federal
sources, including State funds, the State will
utilize to meet the needs of school-aged
children in the State if the grant received
under this subsection is not sufficient to
cover the cost of the meals to be served during
the period in which the State receives such
grant;
``(vi) any other factors the State will use
to determine distribution of funds received
under the grant to each elementary school and
secondary school in the State to reimburse the
schools for the cost of the meals served,
including how the State will ensure a fair
distribution of such funds to address the need
for such meals at each such school; and
``(vii) the monitoring plan the State will
use to ensure the funding described in clause
(v) will be used in accordance with this
subsection;
``(B) a description of the requirements for meals
provided under this subsection that the State will
require, including requirements for meal standards and
pricing;
``(C) a request for an amount of grant funds for
each year that the State will receive a grant under
this subsection, which may not, for each such year
exceed the amount the State received for fiscal year
2016--
``(i) for free and reduced price meal
reimbursements under the programs described in
clauses (i) and (ii) of paragraph (2)(F),
excluding any additional reimbursements
received under section 4(b)(3) of this Act; and
``(ii) under the programs described in
paragraphs (iii) through (v) of paragraph
(2)(F); and
``(D) assurances that the State will--
``(i) provide healthy meals to school-aged
children in the State to ensure maximum
participation of students in the State;
``(ii) provide technical assistance to
local educational agencies and schools to
ensure maximum participation of students in the
State;
``(iii) provide an annual report to the
Secretary that outlines the activities and
progress made in providing healthy meals to
students in a more cost efficient manner than
such meals were provided prior to the State
receiving such grant; and
``(iv) work with school leaders, school
nutrition providers, and health professionals
to develop and implement the plan under
subparagraph (A) and to ensure that meals
provided in schools in the State using the
grant will be healthy and provided in an
efficient and cost effective manner.
``(4) Use of funds.--
``(A) In general.--A State that receives a grant
under this subsection shall use the grant funds to--
``(i) provide meals to school-aged children
in accordance with paragraph (3);
``(ii) carry out the activities described
in subparagraph (B) of this paragraph; and
``(iii) carry out any other activities the
State determines will support the goals of this
subsection.
``(B) Additional state activities.--Each State that
receives a grant under this subsection shall, in
addition to the activities described in clauses (i) and
(ii) of subparagraph (A), provide nutritional
assistance to low-income and vulnerable children, as
determined by the State, by--
``(i) addressing specific State and
community nutritional needs;
``(ii) engaging partners to deliver the
meal programs to spur innovation in such
delivery, including local governments and
school officials, businesses, non-profit and
faith-based organizations, and other community
partners;
``(iii) developing or strengthening private
sector partnerships to support the community
and nutritional needs of school-aged children;
and
``(iv) achieving administrative and other
programmatic cost savings.
``(C) Limitation.--A State may use not more than 10
percent of the grant received under this subsection for
administrative and outreach expenses.
``(5) State reporting.--Not later than 2 years after
receiving a grant under this subsection, a State shall submit
to the Secretary a report on how the State was better able to
operate school meals and other programs to address needs more
effectively compared to how the State addressed such needs
before the grant was awarded to the State. The report shall
include--
``(A) a description of how the State used the grant
funds, the State costs of carrying out the activities
under this subsection (including food, administrative,
labor, oversight, and any other costs), and any revenue
the State received by carrying out such activities
(including Federal, non-Federal, and family
contributions);
``(B) the strategies and activities undertaken at
the State and, if applicable, local level to meet the
goals of this subsection;
``(C) financial efficiencies the State has
identified through the grant, including the extent to
which activities under the grant have led to the
addition, blending, or braiding of other Federal or
private funding, and the specific or estimated amount
of cost-savings, reduced burdens, and other
efficiencies;
``(D) the impacts the State has made in meeting the
goals of this subsection;
``(E) any barriers the State has identified in
providing school meals, and ways in which to overcome
such barriers; and
``(F) other State-determined and voluntarily
provided information intended to share best practices
for future implementation of this subsection.
``(6) Limitations on federal interference.--Nothing in this
subsection shall be construed to authorize the Secretary to
establish, as a condition to receive a grant under this
subsection or as requirement to operate such a grant, any
criterion that specifies, defines, or prescribes--
``(A) nutritional guidelines, standards, or meal
requirements, including the methods that a State uses
to develop, implement, or improve such nutritional
guidelines, standards, or meal requirements;
``(B) specific aspects, parameters, or measures of
programmatic quality, including measures of compliance
or evaluation;
``(C) nutritional curriculum, programs of
instruction, or instructional content;
``(D) any aspect of meal provision criteria,
including nutritional requirements, timing, duration,
type, price, amount, or any other aspect of meals or
meal program operation;
``(E) any term under this subsection as such term
applies to activities carried out by a State, including
the terms healthy, affordable meal, school day, and
nutritional needs;
``(F) the ways in which a State identifies and
verifies eligibility for benefits, including child,
family, and provider eligibility;
``(G) differentiated payment rates a State may use;
``(H) the amount or sources of non-Federal funds
that a State must provide;
``(I) the percentages or amounts of grant funds to
be used for specific activities within or among
programs;
``(J) the scope or structure of programs, including
number of meals served, timing within the day, and
length or time of year a program operates; and
``(K) any aspect or parameter of programmatic
evaluation.
``(7) Federal reporting.--Not later than 4 years after the
first grant is awarded under this subsection, the Secretary
shall provide to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, and to
States, a report on the feasibility of scaling the
implementation of this subsection, including the efficiencies,
cost savings, and other benefits identified by State
implementation of the programs described in paragraph (2)(F)
under this subsection. Such determination of feasibility shall
be based on information including--
``(A) State reports submitted under paragraph (5);
``(B) a determination of the level of Federal cost-
savings achieved and the amount of future cost-saving
implications;
``(C) programmatic simplifications the Federal
Government could pursue; and
``(D) other information provided by States or
private entities that would be useful in
recommendations to the public, States, and to
Congress.''.
SEC. 110. FRUIT AND VEGETABLE PROGRAM.
Section 19 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769a) is amended--
(1) in the heading, by striking ``fresh'';
(2) by striking ``fresh'' each place it appears in
subsections (a), (b), and (e); and
(3) in subsection (i)--
(A) by striking paragraphs (5) and (7);
(B) by redesignating paragraph (6) as paragraph
(5); and
(C) by adding at the end the following:
``(6) Clarification.--
``(A) Guidance.--The Secretary shall issue guidance
with respect to how funds under the program may be
used, which--
``(i) clarifies to States that such funds
may be used on all forms of fruits and
vegetables, provided the fruit or vegetable
product meets the requirements of section
210.11 of title 7, Code of Federal Regulations
(as in effect on the date of enactment of the
Improving Child Nutrition and Education Act of
2016);
``(ii) provides the appropriate exemptions
described in such section 210.11 of the Code of
Federal Regulations; and
``(iii) encourages schools to introduce
fruits and vegetables to children in new
contexts, including by allowing schools to
offer combinations of fruits and vegetables
with tree nuts, which provide a good source of
protein per serving and meet the nutrition
standards of such section 210.11 of the Code of
Federal Regulations, except that the Secretary
shall provide exemptions from the total fat
requirements under such section 210.11 for tree
nut products.
``(B) Local decision.--Nothing in this section
shall be construed to require a school participating in
the program to select forms of fruit or vegetables
other than fresh.''.
SEC. 111. COMPLIANCE AND ACCOUNTABILITY.
Section 22 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769c) is amended--
(1) in subsection (a)--
(A) by striking ``(1) In general.--There shall be''
and inserting ``There shall be''; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately;
(2) in subsection (b)--
(A) in paragraph (1)(C)(i), by striking ``3-year
cycle'' and inserting ``5-year cycle'';
(B) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(C) by striking paragraph (3) and inserting the
following:
``(3) Error reduction plans.--
``(A) In general.--Each State agency shall work
with the local educational agencies that have the
highest rates of certification errors according to the
verification process under section 9(a)(D) to develop
an error reduction plan and monitor implementation of
the plan over the remainder of the review cycle.
``(B) Plan components.--Each error reduction plan
shall include--
``(i) specific measures that the local
educational agency shall take to reduce
certification errors, including at a minimum--
``(I) increasing the standard
verification sample size, except such
increase shall not result in a
verification sample size of more than
15 percent;
``(II) improvements in the
application;
``(III) the use of technology to
minimize opportunities for error; and
``(IV) enhanced training and
oversight of staff involved in the
certification and verification process;
``(ii) a timeline for the local educational
agency to implement those measures within the
review cycle;
``(iii) annual goals for reductions in
certification errors;
``(iv) technical assistance to be provided
by the State agency; and
``(v) working with an educational service
agency to help conduct the verification process
and other aspects of the program as necessary
to help reduce errors in the administration of
the program.
``(C) State agency responsibilities.--Each State
agency shall--
``(i) assist the local educational agencies
identified under subparagraph (D) with
developing an error reduction plan that
complies with subparagraph (B);
``(ii) provide technical assistance as
described in the error reduction plan under
subparagraph (B)(iv);
``(iii) conduct annual reviews focused on
the direct certification, application,
certification, verification, meal counting, and
meal claiming processes; and
``(iv) report annually to the Secretary on
the progress of the State in reducing errors.
``(D) Selection of local educational agencies.--
``(i) In general.--Each State agency shall
select up to 10 percent of the local
educational agencies in the State to develop an
error reduction plan.
``(ii) Limitation.--The percentage of local
educational agencies selected under clause (i)
shall not be comprised of more than 50 percent
of small local educational agencies, as
determined by the Secretary.
``(iii) Assessment of certification
error.--In selecting local educational agencies
under this paragraph, certification error shall
be assessed based on a measure determined by
the Secretary that considers--
``(I) the results of the reviews
conducted under paragraph (1) and
``(II) the percentage of household
applications verified under section
9(b)(3)(D)(i) that had the level of
benefits changed as a result of
information obtained during the
verification process, excluding benefit
terminations resulting from not
obtaining information during household
verification conducted under section
9(b)(3)(G).
``(4) High performance.--
``(A) In general.--If a local educational agency is
determined to be in the top 20 percent of local
educational agencies in the State, as determined by the
State under subparagraph (B), the sample size under
section 9(b)(3)(D)(i)(II) shall be a verification
sample size of 2.5 percent.
``(B) Considerations.--The State shall determine
whether a local educational agency is in the top 20
percent of local educational agencies in the State by
considering error rates, confirmation rates, non-
response rates, response rates, and other factors as
necessary to make such determination.''; and
(D) in paragraph (6) (as redesignated by
subparagraph (B)), in subparagraph (A), by striking
``paragraph (4)'' each place it appears and inserting
``paragraph (5)''; and
(3) in subsection (d), by striking ``2011 through 2015''
and inserting ``2017 through 2021''.
SEC. 112. REPEAL OF STATE CHILDHOOD HUNGER CHALLENGE GRANTS.
Section 24 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769e) is repealed.
SEC. 113. DUTIES OF THE SECRETARY RELATING TO NONPROCUREMENT DEBARMENT.
Section 25 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769f) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Fines.--
``(1) In general.--In a situation in which a contractor is
found guilty in any criminal proceeding or found liable in any
civil or administrative proceeding, of the activities listed in
paragraph (2), in connection with the supplying, providing, or
selling of goods or services to any local agency in connection
with a child nutrition program, the Secretary shall impose a
civil penalty of not more than $100,000,000, as determined by
the Secretary, to provide restitution to the program for harm
done to the program.
``(2) Included activities.--Activities include, at a
minimum--
``(A) an anticompetitive activity, including bid-
rigging, price-fixing, the allocation of customers
between competitors, or other violation of Federal or
State antitrust laws;
``(B) fraud, bribery, theft, forgery, or
embezzlement;
``(C) knowingly receiving stolen property;
``(D) making a false claim or statement; or
``(E) any other obstruction of justice.
``(3) Use of funds.--Any funds collected under this
subsection shall be credited to the child nutrition programs
appropriations account.''.
SEC. 114. IMPROVEMENTS TO SCHOOL LUNCH FACILITIES.
The Richard B. Russell National School Lunch Act is amended by
inserting after section 26 (42 U.S.C. 1769g) the following:
``SEC. 27. IMPROVEMENTS TO SCHOOL LUNCH FACILITIES.
``(a) Definitions.--In this section:
``(1) Durable equipment.--The term `durable equipment'
means durable food preparation, handling, cooking, serving, and
storage equipment greater than $500 in value.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency or a school food
authority administering or operating a school lunch
program under this Act;
``(B) a tribal organization; or
``(C) a consortium that includes a local
educational agency or school food authority described
in subparagraph (A), a tribal organization, or both.
``(3) Infrastructure.--The term `infrastructure' means a
food storage facility, kitchen, food service facility,
cafeteria, dining room, or food preparation facility.
``(4) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(5) School food authority.--The term `school food
authority' has the meaning given the term in section 210.2 of
title 7, Code of Federal Regulations (or a successor
regulation).
``(6) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(b) Loan Guarantees.--
``(1) Authority.--The Secretary shall issue a loan
guarantee to an eligible lender for purposes of financing the
construction, remodeling, or expansion of infrastructure or the
purchase of durable equipment that will assist the eligible
entity in providing healthy meals through the school lunch
program authorized under this Act.
``(2) Preference.--In issuing a loan guarantee under this
subsection, the Secretary shall give a preference to an
eligible entity that, as compared with other eligible entities
seeking a loan guarantee under this subsection, demonstrates
substantial or disproportionate--
``(A) need for infrastructure improvement or
durable equipment; or
``(B) impairment in durable equipment.
``(3) Oversight.--The Secretary, acting through the Under
Secretary for Rural Development, shall establish procedures to
oversee any project or purchase for which a loan guarantee is
issued under this subsection.
``(4) Guarantee amount.--A loan guarantee issued under this
subsection may not guarantee more than 80 percent of the
principal amount of the loan.
``(5) Fees and costs.--
``(A) In general.--The Secretary shall establish
fees for loan guarantees under this subsection that
are, to the maximum extent practicable, equal to all
costs of the loan guarantees as determined under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et.
seq.), as determined by the Secretary.
``(B) Fee shortfall.--To the extent that the
Secretary determines that fees described in
subparagraph (A) are not sufficient to pay for all of
the costs for the loan guarantees pursuant to the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et.
seq.), the Secretary may use funds described in
paragraph (6) to pay for the costs of loan guarantees
not paid for by the fees.
``(6) Funding.--Subject to the availability of
appropriations provided in advance in an appropriations Act
specifically for the purpose of carrying out this subsection,
there is authorized to be appropriated $5,000,000 for fiscal
year 2017 and each fiscal year thereafter.
``(c) Grants.--
``(1) Authority.--Beginning in fiscal year 2017 and subject
to the availability of appropriations provided in advance in an
appropriations Act specifically for the purpose of carrying out
this subsection, the Secretary shall make grants, on a
competitive basis, to eligible entities for the purchase of
durable equipment and infrastructure needed to serve healthier
meals and improve food safety.
``(2) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to eligible entities that--
``(A) are located in States that have enacted
comparable statutory grant funding mechanisms or that
have otherwise appropriated funds for the purpose
described in paragraph (1); and
``(B) have identified and are reasonably expected
to meet an unmet local or community need--
``(i) through a public-private partnership
or partnership with a food pantry or other low-
income assistance agency; or
``(ii) by allowing related community
organizations to use kitchen or cafeteria
space.
``(3) Federal share.--
``(A) In general.--The Federal share of costs for
assistance funded through a grant awarded under this
subsection shall not exceed 80 percent of the total
cost of the durable equipment or infrastructure.
``(B) Matching.--To receive a grant under this
subsection, an eligible entity shall provide matching
support in the form of cash or in-kind contributions.
``(C) Waiver.--The Secretary may waive or vary the
requirements of subparagraphs (A) and (B) if the
Secretary determines that undue hardship or effective
exclusion from participation would otherwise result.
``(4) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated $25,000,000 to carry out this subsection
for fiscal year 2017 through fiscal year 2019.
``(B) Limit.--The Secretary may use not more than 5
percent of the funds made available under subparagraph
(A) to provide technical assistance.
``(d) Salad Bars.--Not later than 180 days after the date of the
enactment of the Improving Child Nutrition and Education Act of 2016,
the Secretary shall review or revise any guidance in existence on that
date of enactment so as to ensure that school food authorities have
flexibility in the establishment and implementation of salad bars.''.
SEC. 115. PROHIBITIONS.
The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) is further amended by adding at the end the following:
``SEC. 30. PROHIBITIONS.
``Nothing in this Act, the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), the Healthy, Hunger-Free Kids Act of 2010, or the
Improving Child Nutrition and Education Act of 2016 shall--
``(1) authorize the Secretary to issue or establish any
regulations or requirements not explicitly authorized under any
such Act; or
``(2) authorize the Secretary to require, as a condition of
participation in any program under any such Act--
``(A) any curriculum or education requirements for
participating schools or child care providers; or
``(B) the adoption of any specific education
standards for nutrition education.''.
TITLE II--CHILD NUTRITION ACT
SEC. 201. SPECIAL MILK PROGRAM AUTHORIZATION.
Section 3(a)(7) of the Child Nutrition Act of 1966 (42 U.S.C.
1772(a)(7)) is amended by striking ``on an annual basis each'' and
inserting ``annually by February 15 for the upcoming''.
SEC. 202. SCHOOL BREAKFAST PROGRAM.
Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is
amended--
(1) in subsection (b)(1), by adding at the end the
following:
``(F) Increased reimbursement.--(i) For school year
2018-2019, the Secretary shall increase by 2 cents the
annually adjusted payment for each breakfast (free,
reduced price, and paid) described in subparagraph (B).
``(ii) For school year 2019-2020, the national
average payment for each breakfast referred to in
clause (i) of this subparagraph shall equal the result
obtained under such clause (i) applicable to such
breakfast, as annually adjusted for the school year in
accordance with subparagraph (B).
``(iii) For school year 2020-2021, the national
average payment for each breakfast referred to in
clause (i) of this subparagraph shall equal the
annually adjusted payment for such breakfast, as
determined under clause (ii) of this subparagraph, plus
1 cent.
``(iv) For school year 2021-2022, and each
succeeding school year, the national average payment
for each breakfast referred to in clause (i) of this
subparagraph shall equal the result obtained under
clause (iii) of this subparagraph applicable to such
breakfast, as annually adjusted for the school year in
accordance with subparagraph (B).''.
(2) in subsection (e)(1)(B), by striking ``, including
technical'' and all that follows through ``established under
this section,''.
SEC. 203. STATE ADMINISTRATIVE EXPENSES.
Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is
amended--
(1) in subsection (a)--
(A) in paragraph (3), in the second sentence, by
striking ``, except as provided in paragraph (5)'';
(B) by striking paragraph (5); and
(C) by redesignating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively;
(2) in subsection (b)--
(A) by striking ``expenses, for administrative''
and inserting the following: ``expenses for--''
``(1) administrative''; and
(B) by striking ``for support'' and all that
follows through ``for staff'' and inserting the
following:
``(2) support services;
``(3) office equipment;
``(4) State-operated purchasing programs; and
``(5) staff'';
(3) in subsection (g)(2)(B), by amending clause (iii) to
read as follows:
``(iii) Minimizing disruptions.--The
Secretary shall encourage school food
authorities to consider--
``(I) providing the training
required under this subparagraph to
local food service personnel during
paid, regular hours; and
``(II) that to the extent that
training must occur during nonwork
hours, it is minimally disruptive to
employees' other work obligations if
employees are provided with sufficient
notice of training.'';
(4) in subsection (i)--
(A) in paragraph (3)--
(i) in subparagraph (A), by inserting
before the period at the end the following:
``and for the purposes described in section
749(h) of the Agriculture, Rural Development,
Food and Drug Administration, and Related
Agencies Appropriations Act, 2010 (Public Law
111-80; 123 Stat. 2133)''; and
(ii) by adding at the end the following:
``(C) Priority.--In awarding funds to States under
this paragraph, the Secretary shall give priority to
States in which local educational agencies, school food
authorities, or schools submit a plan under
subparagraph (B) that includes the use of technology or
information management systems to provide assistance to
tribal organizations administering the food
distribution program on Indian reservations established
under section 4(b) of the Food and Nutrition Act of
2008 (7 U.S.C. 2013(b)) for purposes of improving the
rate of direct certification of children in households
participating in that program.''; and
(B) in paragraph (4), by striking ``2015'' and
inserting ``2021'';
(5) in subsection (j), by striking ``2015'' and inserting
``2021'';
(6) by redesignating subsection (j) as subsection (k); and
(7) by inserting after subsection (i) the following:
``(j) Centralized Exchange Network.--
``(1) Establishment.--The Secretary shall establish a
centralized exchange network to facilitate State exchange of
information and best practices, for programs authorized under
this Act or the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.).
``(2) Network topics.--State exchanges of information and
best practices described in paragraph (1) may include, at a
minimum, research methods and data related to--
``(A) improved efficiency in the delivery of
benefits;
``(B) improved compliance in the programs; and
``(C) reduction of fraud, waste, and abuse in the
programs.
``(3) Administrative funds.--The Secretary shall not use
more than $450,000 for such network.''.
SEC. 204. REGULATIONS.
Section 10(b)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C.
1779(b)(1)(C)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) by striking the period at the end of clause (ii) and
inserting a semicolon; and
(3) by adding at the end the following:
``(iii) ensure that the nutrition standards
under this paragraph do not apply to
fundraisers held by student groups or
organizations, and that the school and
applicable State agency are not prohibited from
determining which such fundraisers may be held;
and
``(iv) ensure that the nutrition standards
under this paragraph allow any foods that may
be served as part of a reimbursable meal served
under the school meal programs to be sold in
schools as described in subparagraph (B).''.
SEC. 205. DEFINITION OF STATE AGENCY.
Section 15 of the Child Nutrition Act of 1966 (42 U.S.C. 1784) is
amended by striking paragraph (2) and inserting the following:
``(2) State agency.--The term `State agency' means--
``(A) the chief State school officer (such as the
State superintendent of public instruction,
commissioner of education, or similar officer);
``(B) a board of education controlling the State
department of education;
``(C) the State Commissioner or individual who
administers agricultural programs in the State; or
``(D) a State official the State legislature
designates to administer the programs under this
Act.''.
SEC. 206. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN.
(a) In General.--Section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786) is amended--
(1) in subsection (a), in the second sentence, by striking
``promotion'' and inserting ``counseling, promotion,'';
(2) in subsection (b)(14), by striking the paragraph
designation and all that follows through ``means those foods''
and inserting the following:
``(14) Supplemental food.--The term `supplemental food'
means any food'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``may choose to'' and
inserting ``shall'';
(II) in clause (i)(II), by striking
``and'' at the end;
(III) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(IV) by adding at the end the
following:
``(iii) any basic allowance for subsistence provided under
section 402 of title 37, United States Code, to a member of a
uniformed service.''; and
(ii) by adding at the end the following:
``(E) Child support payments.--For the purpose of
determining income eligibility under this section, a
State agency shall exclude from income any child
support payment for an applicant who is legally
obligated to pay child support for any noncustodial
child.''; and
(B) in paragraph (3), by adding at the end the
following:
``(G) Data exchange standards for improved
interoperability.--
``(i) Designation.--The Secretary, in
consultation with an interagency work group
established by the Office of Management and
Budget, and taking into consideration State
government perspectives, shall designate data
exchange standards to govern, under this
section--
``(I) necessary categories of
information that State agencies
operating related programs are required
under applicable law to electronically
exchange with another State agency; and
``(II) Federal reporting and data
exchange required under applicable law.
``(ii) Requirements.--The data exchange
standards required by clause (i) shall, to the
maximum extent practicable--
``(I) incorporate a widely
accepted, nonproprietary, searchable,
computer-readable format;
``(II) contain interoperable
standards developed and maintained by
intergovernmental partnerships, such as
the National Information Exchange
Model;
``(III) incorporate interoperable
standards developed and maintained by
Federal entities with authority
regarding contracting and financial
assistance;
``(IV) be consistent with, and
implement, applicable accounting
principles;
``(V) be implemented in a manner
that--
``(aa) is cost effective;
and
``(bb) improves program
efficiency and effectiveness;
``(VI) be capable of being upgraded
as necessary; and
``(VII) protects the privacy of any
personally identifiable information
from being accessed by individuals who
do not need access to such information.
``(iii) Effect of subparagraph.--Nothing in
this subparagraph requires any change to an
existing data exchange standard for Federal
reporting that is determined to be effective
and efficient.
``(iv) Implementation.--
``(I) In general.--Not later than 2
years after the date of the enactment
of the Improving Child Nutrition and
Education Act of 2016, the Secretary
shall issue a proposed rule to
implement this subparagraph.
``(II) Requirements.--The proposed
rule under this clause shall--
``(aa) identify all
federally required data
exchanges;
``(bb) include
specification and timing for
the exchanges to be
standardized;
``(cc) address the factors
used in determining whether and
when to standardize data
exchanges;
``(dd) specify State
implementation options; and
``(ee) describe future
milestones.'';
(4) in subsection (e)--
(A) by striking the subsection designation and all
that follows through ``The State agency shall'' in the
first sentence of paragraph (1) and inserting the
following:
``(e) Nutrition and Drug Abuse Education.--
``(1) Education.--
``(A) In general.--A State agency shall'';
(B) in paragraph (1) (as amended by subparagraph
(A)), by adding at the end the following:
``(B) Disposal of certain infant formula.--
``(i) In general.--The State agency shall
ensure that all pregnant, postpartum, and
breastfeeding participants in the program, and
parents or caretakers of infant and child
participants in the program, are provided
education regarding proper disposal of unused
or excess infant formula obtained with food
instruments issued under the program under this
section.
``(ii) Inclusions.--The education under
this subparagraph shall include information
regarding--
``(I) the safety hazards of
purchasing infant formula from an
unauthorized vendor; and
``(II) the penalties associated
with the gifting, trading, sale, or
resale of infant formula or other
supplemental foods obtained with food
instruments issued under the program
under this section, in accordance with
subsection (o).''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Nutrition education materials.--
``(A) In general.--The Secretary, after submitting
proposed nutrition education materials to the Secretary
of Health and Human Services for comment, shall issue
the materials for use in the program under this
section.
``(B) Sharing of materials with child and adult
care food program.--A State agency may allow the local
agencies or clinics operating under the State agency to
share nutrition educational materials with institutions
participating in the Child and Adult Care Food Program
established under section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766) at no cost
to that program, if a written materials-sharing
agreement exists between the relevant agencies.'';
(5) in subsection (f)--
(A) by striking ``(f)(1)(A) Each State agency'' and
all that follows through ``change in the plan.'' and
inserting the following:
``(f) Plan of Operation and Administration by State Agency.--
``(1) Requirements.--
``(A) Submission.--
``(i) In general.--Each State agency shall
submit to the Secretary a plan of operation and
administration of the program authorized under
this section.
``(ii) Deadlines.--Each State agency shall
submit--
``(I) an initial plan not later
than such date as is specified by the
Secretary; and
``(II) an update to the plan every
3 years thereafter or, if the
requirements of this section continue
to be met by current plan, an assurance
that the current plan continues to meet
such requirements.'';
(B) in paragraph (1)(B), by striking ``submitted
for'' and inserting ``submitted covering'';
(C) in paragraph (1)(C)--
(i) in clause (x), by striking ``and'' at
the end;
(ii) by redesignating clause (xi) as clause
(xiii); and
(iii) by inserting after clause (x) the
following:
``(xi) a plan to allow, during an emergency or disaster
period, for different foods to be obtained with program
benefits in lieu of, or in addition to, the supplemental foods
available to be obtained with such benefits;
``(xii) a plan detailing the methods to be used by all
local agencies to ensure compliance with subsection (d)(2);
and'';
(D) in paragraph (5)--
(i) by striking ``(5) State and local'' and
inserting the following:
``(5) Accounts, records, and review.--
``(A) In general.--State and local''; and
(ii) by adding at the end the following:
``(B) Review.--The Secretary shall periodically
review State and local agency compliance with the
approved plan of operation and administration of the
applicable State.'';
(E) in paragraph (10)--
(i) by striking ``(10) The Secretary'' and
inserting the following:
``(10) Standards for administration.--
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(B) Notification to state authority.--If, on
reviewing the administration by a State of the program,
the Secretary determines there is a need to temporarily
halt the State from approving new vendors to address
deficiencies in proper administration, the Secretary
may issue a moratorium on the authority of the State to
approve new vendors, subject to the condition that the
Secretary shall provide the State with reasoning behind
such determination and shall establish--
``(i) a timeframe under which the
moratorium will be issued, including any
renewal or lifting of the moratorium;
``(ii) a process to approve vendors for the
State in a manner that does not impede--
``(I) the sale of a business; or
``(II) the establishment of any new
business; and
``(iii) a review process to be conducted by
the Secretary to ensure that participants,
nonparticipants, and vendors are not adversely
impacted by the implementation of the
moratorium.'';
(F) in paragraph (11)--
(i) in subparagraph (C)--
(I) in clause (i)--
(aa) by inserting before
the semicolon at the end the
following: ``which, beginning
not later than 60 days after
the date of enactment of the
Improving Child Nutrition and
Education Act of 2016, shall
include an examination of
criteria relating to fluid milk
(in consideration of the most
recent Dietary Guidelines for
Americans published under
section 301 of the National
Nutrition Monitoring and
Related Research Act of 1990 (7
U.S.C. 5341)), and an
examination of the consumption
and redemption rates of milk
beginning on May 5, 2014''; and
(bb) by striking ``and'' at
the end;
(II) in clause (ii)--
(aa) by striking ``and
cultural eating patterns'' and
inserting ``cultural eating
patterns, commercial
availability, and participant
demand, except that any changes
made under this clause shall
not limit the overall fruit
intake of children''; and
(bb) by striking the period
at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(iii) consider accommodations for
medical, including food allergies, or other
special dietary needs of individuals, including
religious dietary restrictions.'';
(ii) by adding at the end the following:
``(D) Product package sizes.--In promulgating or
revising regulations under this paragraph, the
Secretary shall allow a range of product package sizes
to be selected by participants.
``(E) Cash value vouchers.--In adjusting annually
for food cost inflation in the food package under this
paragraph, the Secretary shall round to the nearest
dollar increment.
``(F) Participant choice options.--The Secretary
shall maximize opportunities for State agency
flexibility to ensure adequate and appropriate
participant choice to meet participant needs and
cultural preferences in supplemental foods made
available under this section.'';
(6) in subsection (g), by striking paragraph (1)(A) and
inserting the following:
``(A) Authorization.--There are authorized to be
appropriated to carry out this section $6,350,000,000
for each of fiscal years 2017 through 2021.''; and
(7) in subsection (h)--
(A) in paragraph (8)(A)--
(i) in clause (vi)--
(I) by striking ``Effective
beginning'' and inserting the
following:
``(I) In general.--Effective
beginning''; and
(II) by adding at the end the
following:
``(II) Infant formula.--Effective
beginning on the date of the enactment
of the Improving Child Nutrition and
Education Act of 2016, a State agency
that has fully implemented electronic
benefits transfer systems throughout
the State shall have in effect a system
to ensure that infant formula rebate
invoices, under competitive bidding,
provide an actual count of the number
of units sold to participants in the
program under this section.''; and
(ii) by adding at the end the following:
``(xi) Contract duration.--The contracts
awarded under clause (iii) shall specify that--
``(I) if the income eligibility
limit under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.)
for pregnant women or infants is
substantially increased, the contractor
may terminate the existing contract
effective on the later of--
``(aa) the date that is 1
year after the date on which
the State decision to increase
the eligibility limit by
amending the State plan is made
by--
``(AA) adopting
State legislation;
``(BB) issuing a
State executive order
or administrative rule;
or
``(CC) any other
applicable State
process, as determined
by the Secretary; and
``(bb) the first day of the
month during which the increase
takes effect; and
``(II) if a contractor elects to
terminate a contract pursuant to
subclause (I), the contractor shall
notify the State agency by not later
than the date that is 1 year before the
proposed date of termination.'';
(B) in paragraph (9)--
(i) in subparagraph (B)--
(I) in clause (i)--
(aa) in subclause (I), by
striking ``and'' at the end;
and
(bb) by adding at the end
the following:
``(III) limit the term of any
contract (including any extension or
renewal period) to a maximum of 5
years, subject to the condition that
any such extension or renewal shall be
approved only on mutual consent of the
contractor and the State agency;
``(IV) agree to provide, by not
later than 180 days before exercising
any termination for convenience clause,
a written notice to each affected
contractor;
``(V) agree--
``(aa) to receive an annual
audit of infant formula rebate
invoices by a contractor; and
``(bb) to provide to each
contractor accurate monthly
redemption files; and
``(VI) agree not to provide any
State preference to any bidder in
evaluating bids;'';
(II) in clause (iii), by striking
``and'' at the end;
(III) in clause (iv)--
(aa) by striking ``30'' and
inserting ``45''; and
(bb) by striking the period
at the end and inserting a
semicolon;
(IV) by redesignating clauses (iii)
and (iv) as clauses (iv) and (v),
respectively;
(V) by inserting after clause (ii)
the following:
``(iii) for any State agency that has fully
implemented electronic benefits transfer
systems throughout the State, have a system to
ensure that rebate invoices under competitive
bidding provide an actual count of the number
of units lawfully sold to participants in the
program under this section;''; and
(VI) by adding at the end the
following:
``(vi) provide a process to negotiate the
amount of funds to be returned to the bidder by
the State agency, and the method of return, on
determining and verifying that rebates were
paid on any food, including infant formula,
sold under fraudulent means;
``(vii) open bids and enter into a contract
under paragraph (8)(A)(iii) only after making a
reasonable effort to confirm in writing, via
email or other means, that the manufacturers on
the list the State agency maintains under
paragraph (8)(A)(ix) received the initial
request for proposals or other bid solicitation
document by not later than the date that is 45
days before the date on which the bids are due;
``(viii) agree to provide to contractors
supporting documentation for monthly invoices,
subject to the participant and vendor
confidentiality protections under program
rules; and
``(ix) not later than the date that is 90
days after the date for opening bids, submit to
the Secretary a copy of the bid solicitation
and any other contract documents.''; and
(ii) by adding at the end the following:
``(D) Certain food for infants.--Before any State
agency solicits bids for a contract for infant fruits,
vegetables, cereal, or meat under a competitive bidding
system, the State agency shall--
``(i) consider--
``(I) the impact of the contract
on--
``(aa) participation or
redemption rates;
``(bb) costs to the State
agency for infant fruits,
vegetables, cereal, or meat,
including product,
administrative, and procurement
costs; and
``(cc) the ability of the
State agency--
``(AA) to achieve
the purpose described
in subsection (a);
``(BB) to provide
infants with a variety
of developmentally
appropriate infant
fruits, vegetables,
cereal, or meat; and
``(CC) to serve the
nutritional needs of
program participants;
and
``(dd) consumers who are
not participants, including the
availability of alternate
brands and potential effects on
retail pricing of infant
fruits, vegetables, cereal, or
meat; and
``(II) whether the contract is
compatible with--
``(aa) the management
information and food instrument
system of the State agency;
``(bb) eligible vendors;
and
``(cc) the capacity of the
manufacturer to meet technical
specifications; and
``(ii) provide to the Secretary--
``(I) a written explanation of how
the considerations described in clause
(i) affected the decision of the State
agency to solicit bids for a contract;
and
``(II) not later than 15 months
after the start of such contract, a
report that shall include--
``(aa) the net savings to
date from the contract;
``(bb) an assessment of the
impact on eligible stores, non-
participants, and retail prices
for infant fruits, vegetables,
cereal, and meat; and
``(cc) an analysis of the
costs and benefits of the
contract, including an
examination of retail prices of
infant fruits, vegetables,
cereal, and meat.'';
(C) in paragraph (11)(E)--
(i) by striking ``If a State'' and
inserting the following:
``(i) In general.--If a State''; and
(ii) by adding at the end the following:
``(ii) Requirement.--Effective not later
than 120 days after the date of the enactment
the Improving Child Nutrition and Education Act
of 2016, in calculating average payments per
voucher under clause (i), a State agency shall
exclude food instruments not fully redeemed,
based on an actual count or a reasonable
estimate.'';
(D) in paragraph (12)--
(i) in subparagraph (A)(i), by striking
``food delivery system that provides'' and
inserting ``method to deliver''; and
(ii) by adding at the end the following:
``(H) Regulations.--As State agencies transition to
electronic benefit transfer for the program, the
Secretary shall update regulations to account for the
fact that State agencies--
``(i) are receiving transaction pricing
more frequently than twice a year from vendors;
and
``(ii) should adjust vendor reimbursement
levels more frequently to reflect program food
price changes in the marketplace.
``(I) Authorization of appropriations.--
``(i) In general.--There is authorized to
be appropriated to carry out this paragraph
$25,000,000 for each of fiscal years 2017
through 2019.
``(ii) Use.--The Secretary shall allocate
the funds made available under this
subparagraph to States for purposes of
enhancing and accelerating the implementation
of electronic benefit transfer systems.
``(J) Penalty for noncompliance.--For any State
agency that fails to comply with subparagraph (B),
including a State agency receiving an exemption under
subparagraph (C), the Secretary shall--
``(i) withhold such amounts otherwise
required to be allocated to the State agency
for nutrition services and administration as
the Secretary determines to be appropriate; and
``(ii) direct the amounts withheld for use
by the State agency solely for achieving
compliance with subparagraph (B).''; and
(E) in paragraph (13), by adding at the end the
following:
``(C) Access.--The Secretary shall make available
upon request the national universal product code
database to vendors approved for participation in the
special supplemental food program established under
this section.'';
(8) by striking subsection (k);
(9) by redesignating subsections (l) through (q) as
subsections (k) through (p), respectively;
(10) in subsection (o) (as so redesignated)--
(A) in paragraphs (1) and (2)(B), by striking
``subsection (o)(1)(A)'' each place it appears and
inserting ``subsection (n)(1)(A)'';
(B) in paragraph (5)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) fifth, to reimburse any WIC infant formula
manufacturer for any rebate provided to the State
agency on WIC infant formula unlawfully trafficked
under a provision of law described in paragraph (2).'';
and
(C) by adding at the end the following:
``(6) Notice of investigation.--
``(A) In general.--For any investigation into the
trafficking of WIC infant formula pursuant to this
subsection, the Secretary shall provide notice of
resolution of the disposition of an unlawful action
resulting from the investigation to all contracted
manufacturers of the trafficked infant formula.
``(B) Estimates.--Not later than 60 days after the
date on which notice is provided under subparagraph
(A), the State shall submit to the contracted
manufacturer an estimate of--
``(i) the number of units, if any, for
which rebates may have been issued as a result
of the violation; and
``(ii) the total dollar amount of the
rebates.''; and
(11) by adding at the end the following:
``(q) Fraud and Safety Review.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Improving Child Nutrition and Education
Act of 2016, the Secretary shall review current guidance,
regulations, and practices regarding fraud and safety for
purposes of this section.
``(2) Inclusions.--The review under paragraph (1) shall
include a review of issues relating to--
``(A) excess and unused infant formula;
``(B) invoices pertaining to products subject to
rebate;
``(C) the sale of infant formula by unauthorized
entities; and
``(D) the purchase of infant formula from
unauthorized entities.
``(3) Updates.--Based on the findings of the review under
paragraph (1), the Secretary shall update current regulations
and guidance and issue additional regulations and guidance, as
necessary--
``(A) to minimize fraud; and
``(B) to ensure the safety of participants.
``(r) Cooperation With Law Enforcement Agencies.--Notwithstanding
any other provision of law, State agencies and law enforcement agencies
shall share WIC vendor information relating to investigations or
prosecutions under the program under this section, as determined by the
Secretary.
``(s) Pilot Projects.--
``(1) In general.--Subject to paragraph (2), the Secretary
may conduct pilot projects to test alternative certification
and food delivery procedures under this section.
``(2) Prohibition.--In conducting pilot projects under
paragraph (1), the Secretary may not waive or modify the
application of program eligibility, supplemental foods, or cost
containment requirements.
``(3) Evaluation.--The Secretary shall evaluate each pilot
project carried out under this subsection after the pilot
project has been in operation for 3 years.''.
(b) WIC Farmer's Market.--Section 17(l)(9)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(m)(9)(A)), as redesignated by
section 206(a)(9), is amended to read as follows:
``(A) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection $18,548,000 for each of fiscal years 2017
through 2021.''.
(c) Review of Adjunctive Eligibility for WIC.--
(1) Definitions.--In this subsection:
(A) Adjunctively eligible.--The term ``adjunctively
eligible'' with respect to an individual, means an
individual who is eligible for WIC under section
17(d)(2)(A)(iii) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(d)(2)(A)(iii)).
(B) Comptroller general.--The term ``Comptroller
General'' means the Comptroller General of the United
States.
(C) Medicaid.--The term ``Medicaid'' means the
Medicaid program under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.).
(D) Poverty line.--The term ``poverty line'' means
the most recent annual Federal Poverty Income
Guidelines published by the Department of Health and
Human Services.
(E) WIC.--The term ``WIC'' means the special
supplemental nutrition program for women, infants, and
children established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786).
(2) Study.--The Comptroller General shall conduct a study
to examine the impact of adjunctive eligibility on WIC
participation, including the administrative burden, number of
participants in WIC, and other impacts on the participants.
(3) Adjunctive eligibility and income of wic
participants.--
(A) In general.--In conducting the study described
in paragraph (2), the Comptroller General shall examine
the extent to which individuals certified as
adjunctively eligible to receive supplemental foods and
services through WIC have income above 185 percent of
the poverty line.
(B) Data.--
(i) Data collection.--The Comptroller
General shall collect data to determine--
(I) the total number of pregnant
women, postpartum women, breastfeeding
women, infants, and children
participating in WIC;
(II) an estimate of the share of
individuals described in subclause (I)
who are certified as adjunctively
eligible under section 17(d)(2)(A)(iii)
of the Child Nutrition Act of 1966 (42
U.S.C. 1786(d)(2)(A)(iii)); and
(III) an estimate of the share of
individuals described in subclause (II)
for whom income (for purposes of
Medicaid eligibility) is above 185
percent of the poverty line, above 250
percent of the poverty line, above 300
percent of the poverty line, and above
any other demarcation thresholds as
determined by the Comptroller General.
(ii) Sources.--The Comptroller General
shall collect the information described in
clause (i) from--
(I) WIC program data for subclauses
(I) and (II) of that clause; and
(II) a review of the income of a
representative sample of WIC
participants (for purposes of Medicaid
eligibility) at the time of WIC
certification (for subclause (III) of
that clause).
(iii) Other.--The estimate developed under
clause (i)(III) shall be based on data
collected in selected States in which the
income eligibility limit for infants under 1
year of age for Medicaid is at or above 185
percent of the poverty line.
(4) Use of income data to inform medicaid adjunctive
eligibility determinations.--
(A) In general.--Following collection of the data
described in paragraph (3), the Comptroller General
shall assess the feasibility, benefits, and costs of
requiring that WIC use an automated process to document
that only applicants with income below a specified
threshold may be certified as adjunctively eligible
based solely on Medicaid receipt.
(B) Scope.--The assessment described in
subparagraph (A) shall include an evaluation of the
capacity of the management information systems for both
WIC and Medicaid, including the ability of the systems
to exchange data.
(C) WIC management information systems.--The
Comptroller General shall assess--
(i) which State agencies and tribal
organizations operating WIC use management
information systems with the capacity, via an
automated process, for local WIC clinics to
document--
(I) income as a share of the
poverty level for purposes of Medicaid
eligibility; or
(II) Medicaid enrollment and income
below a specified level;
(ii) the steps necessary to prepare all
local WIC clinics to obtain and to access that
income information as a part of the WIC
application process as well as part of the
associated costs of modifying WIC automated
systems and training staff; and
(iii) other information determined relevant
by the Comptroller General, such as the impact
of the identified steps on administrative
costs, clinical services, and waiting times for
appointments.
(D) Medicaid management information systems.--The
Comptroller General shall assess--
(i) whether State's mechanized claims
processing and information retrieval systems
under section 1903(a)(3)(A)(i) of the Social
Security Act (42 U.S.C. 1396b(a)(3)(A)(i)) have
the capacity to provide, at the time of WIC
certification and via an automated process,
data to an agency or tribal organization
operating WIC regarding--
(I) income as a share of the
poverty level for purposes of Medicaid
eligibility; or
(II) whether a Medicaid recipient
has income below a specified level;
(ii) the steps necessary to ensure that
mechanized claims processing and information
retrieval systems in States for which the
income eligibility limit for infants under 1
year of age under Medicaid is above 185 percent
of the poverty line have the capacity to
provide the information described in clause (i)
to local WIC clinics for the purpose of
documenting adjunctive eligibility under an
option that would limit that eligibility to
individuals with income below a specific
threshold; and
(iii) other information determined relevant
by the Comptroller General and the Secretary of
Health and Human Services, including the impact
of the identified steps on administrative
costs.
(5) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing--
(A) the data collected under paragraph (3);
(B) the assessments made under paragraph (4); and
(C) the feasibility, costs, and benefits of a new
requirement that would only permit adjunctive
eligibility for individuals with household income below
a specified level.
SEC. 207. TEAM NUTRITION NETWORK.
Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``evidence-based'' before
``team nutrition messages''; and
(ii) by striking ``developed by the
Secretary'';
(B) in paragraph (2), by inserting ``under this Act
and the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.)'' before the semicolon at the
end;
(C) in paragraph (4), by striking ``purposes; and''
and inserting the following: ``purposes, including if
appropriate--
``(A) State and local nutrition education programs,
health and wellness policies, nutrition and health
education resources, and other State resources; and
``(B) Federal nutrition education efforts,
including those programs under this Act and the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.);''; and
(D) in paragraph (5)--
(i) by striking ``helping children to
maintain a healthy weight by''; and
(ii) by inserting ``in and out of school''
before the period at the end;
(2) in subsection (b), by striking ``(b)'' and all that
follows through ``In this section, the term'' and inserting the
following:
``(b) Definitions.--In this section:
``(1) Nutrition education.--The term `nutrition education'
means the provision of individual or group learning
opportunities and materials for children and families that--
``(A) emphasize the relationship between nutrition,
physical activity, and health with a goal of improving
long-term dietary and physical health and increasing
food security; and
``(B) include learning about food preparation.
``(2) Team nutrition network.--The term'';
(3) in subsection (c)--
(A) by striking the subsection heading and
inserting ``State Network Grants.--''; and
(B) by adding at the end the following:
``(4) Allocation.--Subject to the availability of funds for
use in carrying out this subsection, the total amount of funds
made available for a fiscal year for grants under this
subsection shall equal not more than the sum of--
``(A) the product obtained by multiplying \1/2\
cent by the number of lunches reimbursed through food
service programs under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) during the
second preceding fiscal year in schools, institutions,
and service institutions that participate in the food
service programs; and
``(B) the total value of funds received by the
Secretary in support of this subsection from
nongovernmental sources.
``(5) Requirements for state participation.--To be eligible
to receive a grant under this subsection, a State agency shall
submit to the Secretary a plan, at such time and in such manner
as the Secretary may require, including--
``(A) a description of the goals and proposed State
plan for addressing the nutrition of children;
``(B) a description of the means by which the State
agency will use and disseminate the team nutrition
messages and material to children and, if appropriate,
families of such children;
``(C) an explanation of the ways in which the State
agency will use the funds from the grant to work toward
the goals required under clause (i), and to promote
healthy eating in schools throughout the State;
``(D) a description of the ways in which the State
team nutrition network messages and activities will be
coordinated at the State and local level with other
community health promotion and education activities;
``(E) an annual summary of the team nutrition
network activities and their effectiveness;
``(F) a description of the ways in which school
environments might support healthy eating and physical
activity; and
``(G) a description of how all communications to
parents and legal guardians of students who are members
of a household receiving information under the program
shall be in an understandable and uniform format and,
to the maximum extent practicable, in a language that
parents and legal guardians can understand.
``(6) State coordinator.--Each State that receives a grant
under this subsection may appoint a team nutrition network
coordinator. Such coordinator shall implement comprehensive,
coordinated nutrition education programming through the team
nutrition network, including to assist schools, school food
authorities, and other child nutrition program providers in the
State to administer and coordinate the team nutrition network
activities.
``(7) Authorized activities.--A State agency that receives
a grant under this section may use funds from the grant to--
``(A) identify the programs and services available
to meet the health and nutritional needs of children
and families in the State;
``(B) disseminate team nutrition network messages
and material that provide comprehensive, coordinated
nutrition and physical fitness awareness and obesity
prevention education;
``(C) implement demonstration projects in schools
to promote physical activity and to enhance the
nutrition education provided to students;
``(D) improve access to local foods through
coordinating with farm-to-school grant activities that
include the provision of nutrition education;
``(E) encourage schools to develop healthy eating
and lifestyle policies;
``(F) provide training and technical assistance to
teachers and school food service professionals
consistent with the purposes of this subsection; and
``(G) collaborate with public and private and
faith-based organizations, including community-based
organizations, State medical associations, and public
health groups, to provide nutrition and physical
education targeting lower income children, ethnic
minorities, and youth at a greater risk for obesity or
malnourishment.'';
(4) by striking subsections (d) through (g) and (k);
(5) by redesignating subsections (h) through (j) as
subsections (d) through (f), respectively;
(6) by redesignating subsection (l) as subsection (g);
(7) in subsection (d) (as so redesignated)--
(A) in the subsection heading, by inserting
``Education'' after ``Nutrition'';
(B) in paragraph (5)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``and'' at the end; and
(II) by adding at the end the
following:
``(iii) incorporate nutrition education
into physical and health education, and, if
appropriate, afterschool programs, including
athletics; and''; and
(ii) in subparagraph (B)--
(I) by striking clause (iv);
(II) in clause (vii), by striking
``a variety of healthy foods'' and all
that follows through ``fruit bars'' and
inserting ``a variety of healthy foods,
including through initiatives to
creatively market such foods'';
(III) in clause (viii), by striking
``low-fat and nutrient dense'' and
inserting ``healthy''; and
(IV) by redesignating clauses (v)
through (ix) as clauses (iv) through
(viii), respectively;
(8) in subsection (e) (as so redesignated), by striking
``may provide for technical assistance and grants'' and
inserting ``shall provide for technical assistance''; and
(9) in subsection (g) (as so redesignated) by striking
``such sums'' and all that follows through the period at the
end and inserting ``to carry out this section $17,000,000 for
each fiscal year.''.
TITLE III--MISCELLANEOUS
SEC. 301. REVIEWS.
(a) Tribal Foods.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall review--
(A) the barriers to including tribally produced,
traditional, and culturally appropriate foods in child
nutrition programs (as defined in section 25(b) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1769f (b)) within tribal schools; and
(B) the means of encouraging and assisting enhanced
inclusion of foods described in subparagraph (A) in
child nutrition programs.
(2) Scope.--In carrying out the review described in
paragraph (1), the Secretary shall--
(A) survey and compile resources of the Department
of Agriculture on the issue described in paragraph
(1)(A);
(B) if necessary, clarify relevant Federal
regulations governing schools and tribal producers,
including regulations relating to procurement,
reimbursement, and food safety;
(C) involve all relevant agencies, including the
Food and Nutrition Service and Office of Tribal
Relations of the Department of Agriculture; and
(D) submit to Congress a report describing the
results of the review.
(b) Use of Program Data.--
(1) In general.--The Secretary, jointly with the Secretary
of Education, shall--
(A) review information regarding available
alternative data sets for use in programs that are
using free and reduced price meals data; and
(B) determine the appropriateness of using such
alternative data sets in place of free and reduced
price meal program data by other programs to reduce the
burden on local school food authorities.
(2) Report to congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretaries shall submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that describes the results
of the review and any recommendations of the Secretaries.
(c) Crediting and Labeling Program.--
(1) In general.--The Secretary shall review and update the
system of crediting and the voluntary child nutrition labeling
program used in administering--
(A) the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.); and
(B) the school breakfast program established by
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
(2) Scope.--The review described in paragraph (1) shall
include, at a minimum--
(A) the treatment of food products within
previously established food categories and new products
that have entered the commercial marketplace since the
system of crediting and the voluntary child nutrition
labeling program were developed; and
(B) the timeliness in which applications for labels
under the voluntary child nutrition labeling program
are reviewed and are granted or denied.
(3) Report to congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that describes the results
of the review and any recommendations of the Secretary.
(d) Nutritional Analysis.--The Secretary shall--
(1) review the practicability and feasibility of--
(A) conducting a nutritional analysis, using
publicly and commercially available nutritional
information, of food products that are voluntarily
submitted for use in child nutrition programs, outside
of the reimbursable school meal; and
(B) aggregating and making the information obtained
through that nutritional analysis publicly available
for use by school food authorities, food manufacturers,
and other interested parties; and
(2) if found practicable and feasible, proceed with the
analysis, aggregation, and public availability.
(e) Other.--
(1) In general.--The Secretary shall review--
(A) the cost differences between--
(i) providing meals and supplements under
the Richard B. Russell National School Act (42
U.S.C. 1751 et seq.) and section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) in
Palau, Guam, American Samoa, the Commonwealth
of Puerto Rico, the United States Virgin
Islands, and the Commonwealth of the Northern
Mariana Islands, respectively; and
(ii) the average cost of providing meals
and supplements under those provisions of law
in the 50 States and the District of Columbia;
and
(B) the relation of the cost differences determined
under subparagraph (A) to the national average payment
rates for meals and supplements prescribed under
sections 4, 11, 13, and 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1753, 1759a, 1761,
1766) and section 4(b) of the Child Nutrition Act of
1966 (42 U.S.C. 1773(b)).
(2) Report to congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that describes the results
of the review and any recommendations of the Secretary.
(f) Unlawful Activity.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall review--
(A) the number of instances and types of unlawful
activity that occurred in the preceding 3 years,
including, at a minimum, instances of fraud, bid-
rigging, and any other anticompetitive activities
carried out in connection with supplying, providing, or
selling goods or services for a program under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); and
(B) the practices and procedures currently used by
the Department of Agriculture to prevent unlawful
activity described in subparagraph (A).
(2) Secretarial response.--Following completion of the
review described in paragraph (1), the Secretary shall respond,
if appropriate, by taking action to reduce such unlawful
activity, including, at a minimum--
(A) revising any relevant guidance and regulations;
(B) issuing fines authorized under subsection (g)
of section 25 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769f) (as amended by section
115); and
(C) submitting to the appropriate committees of
Congress recommendations for any legislative changes
needed to enhance program oversight.
(3) Scope.--The actions described in paragraph (2) shall be
designed to reduce--
(A) anticompetitive activities, including bid-
rigging, price-fixing, the allocation of customers
between competitors, or other violation of Federal or
State antitrust laws;
(B) fraud, bribery, theft, forgery, or
embezzlement;
(C) knowingly receiving stolen property;
(D) making a false claim or statement; or
(E) any other obstruction of justice.
(g) Infant Formula.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall--
(1) review the current regulations regarding caloric
density standards for infant formula made available in the
special supplemental nutrition program for women, infants, and
children established by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786); and
(2) as appropriate, update the regulations based on the
most recent scientific knowledge available.
SEC. 302. PROGRAM DELIVERY.
(a) Streamlining.--The Secretary shall work with States
participating in programs authorized under the Richard B. Russell
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.) to encourage--
(1) streamlining of program administration, including data
collection and reporting requirements, at the State level;
(2) communication among State agencies administering the
programs;
(3) coordination of administration of Federal benefits at
the State level to ensure efficiency of program delivery and
improved access to participants, including efficiencies for
operation between the special supplemental nutrition program
for women, infants, and children under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786) and the program under
subsection (m) of such section (42 U.S.C. 1786); and
(4) consolidation and elimination of duplicative or
unnecessary Federal and State reporting requirements.
(b) Study.--The Secretary, through an independent researcher with
expertise in economics or government efficiency, shall conduct a study
on the school meal programs under the Richard B. Russell National
School Lunch (42 U.S.C. 1751 et seq.) and section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) to examine alternative funding
mechanisms and delivery to improve program effectiveness and efficiency
while reducing program costs, by--
(1) analyzing how businesses currently partner with schools
or institutions to operate the school meal programs, and
examining better ways to work with private sector businesses in
the programs;
(2) providing analysis and recommendations on improvements
to the programs by lowering administrative and program costs to
schools, local educational agencies, States, and the Federal
government, including analysis and recommendations with respect
to--
(A) financial impacts, including estimating
potential cost-savings of business participation for
families, schools, local educational agencies, States,
and the Federal government;
(B) regulatory and other barriers preventing
business participation, and how to remove such barriers
to encourage such business participation; and
(C) regulatory and other barriers to better utilize
donations, including donations of food products, while
still complying with food safety requirements; and
(3) considering the factors the Secretary is working on
with States under subsection (a), while carrying out the
analysis under paragraphs (1) and (2) of this subsection.
(c) Further Actions.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(1) make the regulatory and guidance changes recommended
under subsections (a) and (b); and
(2) submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate--
(A) the findings of the study conducted under
subsection (b);
(B) a plan for legislative and regulatory action,
including--
(i) a timetable of action for regulatory
relief; and
(ii) recommendations for legislative action
required to improve program efficiency and
lower administrative costs for the school meal
programs.
(d) Spending Limitation.--Not more than a total of $475,000 shall
be used to carry out subsections (b) and (c).
SEC. 303. PRODUCT AVAILABILITY.
(a) In General.--The Secretary shall, to the extent practicable,
make available lactose-free milk with an extended shelf life for use in
the commodity distribution program authorized under section 14 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1762a).
(b) Size and Form.--The milk described in subsection (a) shall, to
the extent practicable, be made available in a size and form acceptable
for and conducive to consumption by school-aged children.
SEC. 304. PROCUREMENT.
In administering the summer food service program for children
established under section 13 of the Richard B. Russell 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), the
Secretary shall ensure that--
(1) service institutions participating in the programs have
flexibility in determining the frequency of procurement and
food items included in each solicitation; and
(2) any procurement procedure implemented by a State agency
is cost effective and efficient in meeting the relevant meal
pattern requirements.
SEC. 305. SCHOOL NUTRITION ADVISORY COMMITTEE.
(a) Establishment.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall establish a School Nutrition
Advisory Committee (referred to in this section as the ``Committee'')
to provide input in the administration of the school lunch program
authorized under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) and the school breakfast program established by
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) (referred
to in this section as ``child nutrition programs'').
(b) Membership.--
(1) Composition.--Members of the Committee shall be
appointed by the Secretary from recommendations made by the
chair and ranking member of the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate. Membership
on the Committee shall represent the following stakeholders:
(A) An organization that conducts research and
advocates on issues relating to child nutrition.
(B) An organization that advocates for cardiac
health.
(C) A professional organization representing
dietitians.
(D) A trade association representing fruit and
vegetable growers.
(E) A coalition of large urban school food
authorities.
(F) 2 representatives from State agencies that
administer the child nutrition programs.
(G) A professional organization representing school
food employees.
(H) A professional organization representing school
board members.
(I) A council representing large school districts.
(J) A professional association representing school
administrators.
(K) An entity that processes and manufactures meat
products.
(L) An entity that processes and manufactures dairy
products.
(M) An entity that processes and manufactures grain
products.
(N) An entity that assists suppliers and school
food authorities in selling and obtaining food
products.
(O) A school food authority located in each of the
7 regions established for activities of the Food and
Nutrition Service, including--
(i) 3 representatives from districts
located in rural areas;
(ii) 2 representatives from districts
located in urban areas; and
(iii) 2 representatives from districts
located in urban cluster areas as defined by
census tract data.
(P) A council that represents public officials who
head departments of elementary and secondary education.
(Q) A professional organization representing
pediatricians.
(2) Terms.--The members will serve on the Committee for a
3-year term. The chairmen of each congressional committee,
under paragraph (1) shall alternate in appointing a chair and
vice chair of the committee.
(c) Function.--The Committee shall--
(1) provide a venue for communication between stakeholders
and the Department of Agriculture regarding child nutrition
programs;
(2) give insight into child nutrition program
implementation;
(3) review and make recommendations to the Secretary on
policy development involving child nutrition programs; and
(4) evaluate methods for programmatic and administrative
improvement of child nutrition programs.
(d) Meetings.--The Committee shall meet quarterly.
(e) Staffing.--The Secretary shall provide such staff personnel as
may be required to assist the Committee in carrying out the duties of
the Committee, but such staff shall not interfere in the discussions or
conclusions reached by the Committee.
(f) Termination.--The authority of the Committee shall terminate on
September 30, 2025.
SEC. 306. PAPERWORK REDUCTION.
(a) In General.--For any program authorized under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary shall--
(1) periodically review regulations, guidance, and other
requirements to evaluate the volume of information required to
be reported to the Department of Agriculture by program
participants; and
(2) if appropriate, streamline or otherwise reduce any
unnecessary or duplicative paperwork, reporting requirements,
and other administrative burdens while maintaining program
integrity.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act and every 3 years thereafter, and upon any publishing of
guidance or updated Federal requirements the Secretary shall submit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes any action the Secretary
has taken under subsection (a) during the preceding 3 calendar years,
or in the case of a report submitted based on publishing updated
guidance or requirements, a report on such action, including a
determination of appropriateness under subsection (a)(2).
SEC. 307. TECHNOLOGY.
(a) Use of Technology.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall--
(1) review the current use of technology in the school
lunch program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) and the school
breakfast program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773);
(2) identify opportunities in which enhanced use of
technology would reduce the rate of errors in administration of
the programs by State agencies and local educational agencies;
and
(3) encourage State agencies and local educational agencies
to use technology in the areas identified under paragraph (2).
(b) Identification.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall--
(1) review the feasibility and evaluate the benefits of
using a unique student identifier in the school lunch program
established under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.) and the school breakfast program
established by section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773);
(2) submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
describing the results of the review under paragraph (1); and
(3) initiate implementation of a system for using a unique
student identifier, unless implementation is not in the best
interest of the programs described in paragraph (1), or does
not adequately protect student privacy.
SEC. 308. IMPROVING HEALTH AND SAFETY OVERSIGHT AND MONITORING FOR THE
CHILD AND ADULT CARE FOOD PROGRAM.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Agriculture shall work with the Secretary of Health and
Human Services to improve health and safety oversight and monitoring
practices required under the child and adult care food program under
section 17 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766) by issuing guidance to States to--
(1) reduce duplicative monitoring or oversight practices
among such child and adult care food program, the programs
under the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.) and the Head Start Act (42 U.S.C. 9831
et seq.), and other applicable programs; and
(2) provide recommendations in cases in which separate
State agencies administer such programs, including practices
for streamlining the monitoring of Federal requirements
(including compliance, operations, and financial requirements
as a result of multiple Federal programmatic regulations), in
order to reduce the burden on participants and States while
enhancing levels of health, safety, and program integrity.
SEC. 309. TECHNICAL CORRECTIONS.
(a) Richard B. Russell National School Lunch Act.--
(1) The Richard B. Russell National School Lunch Act is
amended in each of sections 4, 9, 9A, 12, 19, 23, and 25 (42
U.S.C. 1753, 1758,1758b, 1760, 1796a, 1769d, and 1769f) by
striking ``Committee on Education and Labor'' each place it
appears and inserting ``Committee on Education and the
Workforce''.
(2) Section 9 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758) is amended--
(A) by striking ``foster child'' each place it
appears and inserting ``foster youth''; and
(B) in subsection (b)(5)(B), by striking ``(42
U.S.C. 11434a(2))'' and inserting ``(42 U.S.C.
11434a(2)))''.
(3) Section 12 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1760) is amended in subsection (d)(3), by
striking ``U.S.C'' and inserting ``U.S.C.''.
(4) Section 14(c) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1762a(c)) is amended--
(A) by striking ``section 311(a)(4) of the Older
Americans Act of 1965 (42 U.S.C. 3030(a)(4))'' and
inserting ``section 311(c)(4) of the Older Americans
Act of 1965 (42 U.S.C. 3030a(c)(4))''; and
(B) by striking ``(42 U.S.C. 3030(b)(1))'' and
inserting ``(42 U.S.C. 3030a(b)(1))''.
(b) Child Nutrition Act of 1966.--
(1) The Child Nutrition Act of 1966 is amended in each of
sections 10 and 17 (42 U.S.C. 1779, 1786) by striking
``Committee on Education and Labor'' each place it appears and
inserting ``Committee on Education and the Workforce''.
(2) Section 7(a)(2)(B)(i) of the Child Nutrition Act of
1966 (42 U.S.C. 1776(a)(2)(B)(i)) is amended by striking
``clause (ii)'' and inserting ``clause (ii))''.
(3) Section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786) is amended--
(A) in subsection (h)(4)--
(i) in subparagraph (A)(vi), by striking
``and'' at the end; and
(ii) in subparagraph (C)(iv), by striking
``; and'' at the end and inserting a period;
(B) in subsection (l)(6)(C)(iv), as redesignated by
section 206(a)(9) of this Act, by striking ``(G)(i)''
each place it appears and inserting ``(F)(i)''.
SEC. 310. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the chair of the Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.
SEC. 311. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act or any of the
amendments made by this Act, this Act and the amendments made by this
Act take effect on October 1, 2016.
Union Calendar No. 665
114th CONGRESS
2d Session
H. R. 5003
[Report No. 114-852, Part I]
_______________________________________________________________________
A BILL
To reauthorize child nutrition programs, and for other purposes.
_______________________________________________________________________
December 8, 2016
Reported from the Committee on Education and the Workforce with an
amendment
December 8, 2016
The Committee on the Budget discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed