[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3874 Enrolled Bill (ENR)]
H.R.3874
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To amend the National School Lunch Act and the Child Nutrition Act of
1966 to provide children with increased access to food and nutrition
assistance, to simplify program operations and improve program
management, to extend certain authorities contained in those Acts
through fiscal year 2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``William F.
Goodling Child Nutrition Reauthorization Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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TITLE I

-SCHOOL LUNCH AND RELATED PROGRAMS

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TITLE II

-SCHOOL BREAKFAST AND RELATED PROGRAMS

(a) In General.--Section 6 of the National School Lunch Act (42
U.S.C. 1755) is amended--
(1) by striking subsections (c) and (d); and
(2) by redesignating subsections (e), (f), and (g) as
subsections (c), (d), and (e), respectively.
(b) Conforming Amendments.--The National School Lunch Act is
amended by striking ``section 6(e)'' each place it appears in sections
14(f), 16(a), and 17(h)(1)(B) (42 U.S.C. 1762a(f), 1765(a),
1766(h)(1)(B)) and inserting ``section 6(c)''.

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(a) Technical Amendments.--Section 9(f) of the National School
Lunch Act (42 U.S.C. 1758(f)) is amended--
(1) in paragraph (2), by striking ``subparagraph (A)'' and
inserting ``paragraph (1)''; and
(2) in paragraphs (3) and (4), by striking ``this paragraph''
each place it appears and inserting ``this subsection''.
(b) Waiver of Requirement for Weighted Averages for Nutrient
Analysis.--Section 9(f) of the National School Lunch Act (42 U.S.C.
1758(f)) is amended by adding at the end the following:
``(5) Waiver of requirement for weighted averages for nutrient
analysis.--During the period ending on September 30, 2003, the
Secretary shall not require the use of weighted averages for
nutrient analysis of menu items and foods offered or served as part
of a meal offered or served under the school lunch program under
this Act or the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).''.
(c) Requirement for Food Safety Inspections.--Section 9 of the
National School Lunch Act (42 U.S.C. 1758) is amended by adding at the
end the following:
``(h) Food Safety Inspections.--
``(1) In general.--Except as provided in paragraph (2), a
school participating in the school lunch program under this Act or
the school breakfast program under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773) shall, at least once during each
school year, obtain a food safety inspection conducted by a State
or local governmental agency responsible for food safety
inspections.
``(2) Exception.--Paragraph (1) shall not apply to a school if
a food safety inspection of the school is required by a State or
local governmental agency responsible for food safety
inspections.''.
(d) Single Permanent Agreement Between State Agency and School Food
Authority; Common Claims Form.--Section 9 of the National School Lunch
Act (42 U.S.C. 1758), as amended by subsection (c), is further amended
by adding at the end the following:
``(i) Single Permanent Agreement Between State Agency and School
Food Authority; Common Claims Form.--
``(1) In general.--If a single State agency administers any
combination of the school lunch program under this Act, the school
breakfast program under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773), the summer food service program for children
under section 13 of this Act, or the child and adult care food
program under section 17 of this Act, the agency shall--
``(A) require each school food authority to submit to the
State agency a single agreement with respect to the operation
by the authority of the programs administered by the State
agency; and
``(B) use a common claims form with respect to meals and
supplements served under the programs administered by the State
agency.
``(2) Additional requirement.--The agreement described in
paragraph (1)(A) shall be a permanent agreement that may be amended
as necessary.''.

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(a) School Eligibility Requirements for Payments.-- Section
11(a)(1) of the National School Lunch Act (42 U.S.C. 1759a(a)(1)) is
amended--
(1) in subparagraph (C)--
(A) in clause (i)(I), by striking ``3 successive school
years'' each place it appears and inserting ``4 successive
school years''; and
(B) in clauses (ii) and (iii), by striking ``3-school-year
period'' each place it appears and inserting ``4-school-year
period'';
(2) in subparagraph (D)--
(A) in clause (i)--
(i) by striking ``3-school-year period'' each place it
appears and inserting ``4-school-year period''; and
(ii) by striking ``2 school years'' and inserting ``4
school years'';
(B) in clause (ii)--
(i) by striking the first sentence;
(ii) by striking ``The school'' and inserting ``A
school described in clause (i)''; and
(iii) by striking ``5-school-year period'' each place
it appears and inserting ``4-school-year period''; and
(C) in clause (iii), by striking ``5-school-year period''
and inserting ``4-school-year period''; and
(3) in subparagraph (E), by striking clause (iii).
(b) Adjustments to Payment Rates.--
(1) In general.--Section 11(a)(3)(B) of the National School
Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended--
(A) by striking ``(B) The annual'' and inserting the
following:
``(B) Computation of adjustment.--
``(i) In general.--The annual'';
(B) by striking ``Each annual'' and inserting the
following:
``(ii) Basis.--Each annual'';
(C) by striking ``The adjustments'' and inserting the
following:
``(iii) Rounding.--
``(I) Through june 30, 1999.--For the period ending
June 30, 1999, the adjustments''; and
(D) by adding at the end the following:
``(II) July 1, 1999, and thereafter.--On July 1,
1999, and on each subsequent July 1, the national
average payment rates for meals and supplements shall
be adjusted to the nearest lower cent increment and
shall be based on the unrounded amounts for the
preceding 12-month period.''.
(2) Conforming amendments.--Section 4(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1773(b)) is amended--
(A) in the second sentence of paragraph (1)(B), by striking
``adjusted to the nearest one-fourth cent,''; and
(B) in paragraph (2)(B)(ii), by striking ``, which shall be
adjusted'' and all that follows and inserting ``(as adjusted
pursuant to section 11(a)(3)(B) of the National School Lunch
Act (42 U.S.C 1759a(a)(3)(B))).''.
(c) Information and Assistance Concerning Reimbursement Options.--
(1) In general.--Section 11 of the National School Lunch Act
(42 U.S.C. 1759a) is amended by adding at the end the following:
``(f) Information and Assistance Concerning Reimbursement
Options.--
``(1) In general.--From funds made available under paragraph
(3), the Secretary shall provide grants to not more than 10 State
agencies in each of fiscal years 2000 and 2001 to enable the
agencies, in accordance with criteria established by the Secretary,
to--
``(A) identify separately in a list--
``(i) schools that are most likely to benefit from
electing to receive special assistance under subparagraph
(C) or (E) of subsection (a)(1); and
``(ii) schools that may benefit from electing to
receive special assistance under subparagraph (C) or (E) of
subsection (a)(1);
``(B) make the list of schools identified under this
subsection available to each school district within the State
and to the public;
``(C) provide technical assistance to schools, or school
districts containing the schools, to enable the schools to
evaluate and receive special assistance under subparagraph (C)
or (E) of subsection (a)(1);
``(D) take any other actions the Secretary determines are
consistent with receiving special assistance under subparagraph
(C) or (E) of subsection (a)(1) and receiving a grant under
this subsection; and
``(E) as soon as practicable after receipt of the grant,
but not later than September 30, 2001, take the actions
described in subparagraphs (A) through (D).
``(2) Report.--
``(A) In general.--Not later than January 1, 2002, 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 on
the activities of the State agencies receiving grants under
this subsection.
``(B) Contents.--In the report, the Secretary shall
specify--
``(i) the number of schools identified as likely to
benefit from electing to receive special assistance under
subparagraph (C) or (E) of subsection (a)(1);
``(ii) the number of schools identified under this
subsection that have elected to receive special assistance
under subparagraph (C) or (E) of subsection (a)(1); and
``(iii) a description of how the funds and technical
assistance made available under this subsection have been
used.
``(3) Funding.--Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall provide to the
Secretary $2,250,000 for each of fiscal years 2000 and 2001 to
carry out this subsection. The Secretary shall be entitled to
receive the funds and shall accept the funds, without further
appropriation.''.
(2) Technical amendments.--The National School Lunch Act is
amended in the second sentence of each of sections 21(e)(2)(A) and
26(d) (42 U.S.C. 1769b-1(e)(2)(A), 1769g(d)) by inserting at the
end before the period ``, without further appropriation''.

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(a) Adjustments to Reimbursement Rates.--Section 12(f) of the
National School Lunch Act (42 U.S.C. 1760(f)) is amended--
(1) by striking ``school breakfasts and lunches'' and inserting
``breakfasts, lunches, suppers, and supplements'';
(2) by striking ``sections 4 and 11'' and inserting ``sections
4, 11, 13, and 17''; and
(3) by striking ``lunches and breakfasts'' each place it
appears and inserting ``meals and supplements''.
(b) Criminal Penalties.--Section 12(g) of the National School Lunch
Act (42 U.S.C. 1760(g)) is amended by striking ``$10,000'' and
inserting ``$25,000''.
(c) Food and Nutrition Projects.--Section 12(m) of the National
School Lunch Act (42 U.S.C. 1760(m)) is amended by striking ``1998''
each place it appears and inserting ``2003''.
(d) Buy American.--Section 12 of the National School Lunch Act (42
U.S.C. 1760) is amended by adding at the end the following:
``(n) Buy American.--
``(1) Definition of domestic commodity or product.--In this
subsection, the term `domestic commodity or product' means--
``(A) an agricultural commodity that is produced in the
United States; and
``(B) a food product that is processed in the United States
substantially using agricultural commodities that are produced
in the United States.
``(2) Requirement.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall require that a school food authority purchase,
to the maximum extent practicable, domestic commodities or
products.
``(B) Limitations.--Subparagraph (A) shall apply only to--
``(i) a school food authority located in the contiguous
United States; and
``(ii) a purchase of a domestic commodity or product
for the school lunch program under this Act or the school
breakfast program under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
``(3) Applicability to hawaii.--Paragraph (2)(A) shall apply to
a school food authority in Hawaii with respect to domestic
commodities or products that are produced in Hawaii in sufficient
quantities to meet the needs of meals provided under the school
lunch program under this Act or the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).''.
(e) Procurement Contracts.--Section 12 of the National School Lunch
Act (42 U.S.C. 1760), as amended by subsection (d), is further amended
by adding at the end the following:
``(o) Procurement Contracts.--In acquiring a good or service for
programs under this Act or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) (other than section 17 of that Act (42 U.S.C. 1786)), a
State, State agency, school, or school food authority may enter into a
contract with a person that has provided specification information to
the State, State agency, school, or school food authority for use in
developing contract specifications for acquiring such good or
service.''.

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(a) Establishment of Site Limitation.--Section 13(a)(7)(B) of the
National School Lunch Act (42 U.S.C. 1761(a)(7)(B)) is amended by
striking clause (i) and inserting the following:
``(i) operate--
``(I) not more than 25 sites, with not more than 300
children being served at any one site; or
``(II) with a waiver granted by the State agency under
standards developed by the Secretary, with not more than 500
children being served at any one site;''.
(b) Elimination of Meal Contracting Restrictions, Indication of
Interest Requirement, and Vendor Registration Requirements.--Section 13
of the National School Lunch Act (42 U.S.C. 1761) is amended--
(1) in subsection (a)(7)(B)--
(A) by striking clauses (ii) and (iii); and
(B) by redesignating clauses (iv) through (vii) as clauses
(ii) through (v) respectively; and
(2) in subsection (l)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``(other than private nonprofit
organizations eligible under subsection (a)(7))''; and
(II) by striking ``only with food service
management companies registered with the State in which
they operate'' and inserting ``with food service
management companies''; and
(ii) by striking the last sentence;
(B) in paragraph (2)--
(i) in the first sentence, by striking ``shall'' and
inserting ``may''; and
(ii) by striking the second and third sentences;
(C) by striking paragraph (3); and
(D) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(c) Offer Versus Serve.--Section 13(f)(7) of the National School
Lunch Act (42 U.S.C. 1761(f)(7)) is amended in the first sentence by
striking ``attending a site on school premises operated directly by the
authority''.
(d) Reauthorization of Program.--Section 13(q) of the National
School Lunch Act (42 U.S.C. 1761(q)) is amended by striking ``1998''
and inserting ``2003''.
(e) Technical Amendment.--
(1) In general.--Section 706(j)(1) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Public Law 104-193; 110 Stat. 2293) is amended by striking
``methods of assessing'' and inserting ``methods for assessing''.
(2) Effective date.--The amendment made by paragraph (1) takes
effect on January 1, 1997.

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Section 14(a) of the National School Lunch Act (42 U.S.C. 1762a(a))
is amended in the matter preceding paragraph (1) by striking ``1998''
and inserting ``2003''.

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(a) Eligibility of Institutions.--Section 17(a) of the National
School Lunch Act (42 U.S.C. 1766(a)) is amended--
(1) in the fourth sentence, by striking ``Reimbursement'' and
inserting ``Except as provided in subsection (r), reimbursement'';
and
(2) in the sixth sentence, by striking paragraph (1) and
inserting the following:
``(1) an institution (except a school or family or group day
care home sponsoring organization) or family or group day care home
shall--
``(A)(i) be licensed, or otherwise have approval, by the
appropriate Federal, State, or local licensing authority; or
``(ii) be in compliance with appropriate procedures for
renewing participation in the program, as prescribed by the
Secretary, and not be the subject of information possessed by
the State indicating that the license of the institution or
home will not be renewed;
``(B) if Federal, State, or local licensing or approval is
not available--
``(i) meet any alternate approval standards established
by the appropriate State or local governmental agency; or
``(ii) meet any alternate approval standards
established by the Secretary after consultation with the
Secretary of Health and Human Services; or
``(C) if the institution provides care to school children
outside of school hours and Federal, State, or local licensing
or approval is not required for the institution, meet State or
local health and safety standards; and''.
(b) Automatic Eligibility for Even Start Program Participants.--
Section 17(c)(6) of the National School Lunch Act (42 U.S.C.
1766(c)(6)) is amended--
(1) in subparagraph (A), by striking ``(A)''; and
(2) by striking subparagraph (B).
(c) Periodic Site Visits.--Section 17(d) of the National School
Lunch Act (42 U.S.C. 1766(d)) is amended--
(1) in the second sentence of paragraph (1), by inserting after
``if it'' the following: ``has been visited by a State agency prior
to approval and it''; and
(2) in paragraph (2)(A)--
(A) by striking ``that allows'' and inserting ``that--
``(i) allows'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(ii) requires periodic site visits to private institutions
that the State agency determines have a high probability of program
abuse.''.
(d) Tax Exempt Status and Removal of Notification Requirement for
Incomplete Applications.--Section 17(d)(1) of the National School Lunch
Act (42 U.S.C. 1766(d)(1)) is amended--
(1) by inserting after the third sentence the following: ``An
institution moving toward compliance with the requirement for tax
exempt status shall be allowed to participate in the child and
adult care food program for a period of not more than 180 days,
except that a State agency may grant a single extension of not to
exceed an additional 90 days if the institution demonstrates, to
the satisfaction of the State agency, that the inability of the
institution to obtain tax exempt status within the 180-day period
is due to circumstances beyond the control of the institution.'';
and
(2) by striking the last sentence.
(e) Use of Funds for Audits.--Section 17(i) of the National School
Lunch Act (42 U.S.C. 1766(i)) is amended by striking ``2 percent'' and
inserting ``1.5 percent (except, in the case of each of fiscal years
2005 through 2007, 1 percent)''.
(f) Permanent Authorization of Demonstration Project.--Section
17(p) of the National School Lunch Act (42 U.S.C. 1766(p)) is amended
by striking paragraphs (4) and (5).
(g) Management Support.--Section 17 of the National School Lunch
Act (42 U.S.C. 1766) is amended by adding at the end the following:
``(q) Management Support.--
``(1) Technical and training assistance.--In addition to the
training and technical assistance that is provided to State
agencies under other provisions of this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary shall provide
training and technical assistance in order to assist the State
agencies in improving their program management and oversight under
this section.
``(2) Funding.--For each of fiscal years 1999 through 2003, the
Secretary shall reserve to carry out paragraph (1) $1,000,000 of
the amounts made available to carry out this section.''.
(h) Participation by At-Risk Child Care Programs.--Section 17 of
the National School Lunch Act (42 U.S.C. 1766), as amended by
subsection (g), is further amended by adding at the end the following:
``(r) Program for At-Risk School Children.--
``(1) Definition of at-risk school child.--In this subsection,
the term `at-risk school child' means a school child who--
``(A) is not more than 18 years of age, except that the age
limitation provided by this subparagraph shall not apply to a
child described in section 12(d)(1)(A); and
``(B) participates in a program authorized under this
section operated at a site located in a geographical area
served by a school in which at least 50 percent of the children
enrolled are certified as eligible to receive free or reduced
price school meals under this Act or the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
``(2) Participation in child and adult care food program.--An
institution may participate in the program authorized under this
section only if the institution provides supplements under a
program--
``(A) organized primarily to provide care to at-risk school
children during after-school hours, weekends, or holidays
during the regular school year; and
``(B) with an educational or enrichment purpose.
``(3) Administration.--Except as otherwise provided in this
subsection, the other provisions of this section apply to an
institution described in paragraph (2).
``(4) Supplement reimbursement.--
``(A) Limitations.--An institution may claim reimbursement
under this subsection only for--
``(i) a supplement served under a program organized
primarily to provide care to at-risk school children during
after-school hours, weekends, or holidays during the
regular school year; and
``(ii) one supplement per child per day.
``(B) Rate.--A supplement shall be reimbursed under this
subsection at the rate established for a free supplement under
subsection (c)(3).
``(C) No charge.--A supplement claimed for reimbursement
under this subsection shall be served without charge.''.
(i) WIC Information.--Section 17 of the National School Lunch Act
(42 U.S.C. 1766), as amended by subsection (h), is further amended by
adding at the end the following:
``(s) Information Concerning the Special Supplemental Nutrition
Program for Women, Infants, and Children.--
``(1) In general.--The Secretary shall provide each State
agency administering a child and adult care food program under this
section with information concerning the special supplemental
nutrition program for women, infants, and children authorized under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
``(2) Requirements for state agencies.--Each State agency shall
ensure that each participating family and group day care home and
child care center (other than an institution providing care to
school children outside school hours)--
``(A) receives materials that include--
``(i) a basic explanation of the importance and
benefits of the special supplemental nutrition program for
women, infants, and children;
``(ii) the maximum State income eligibility standards,
according to family size, for the program; and
``(iii) information concerning how benefits under the
program may be obtained;
``(B) receives periodic updates of the information
described in subparagraph (A); and
``(C) provides the information described in subparagraph
(A) to parents of enrolled children at enrollment.''.
(j) Transfer of Homeless Programs.--
(1) In general.--Section 17 of the National School Lunch Act
(42 U.S.C. 1766), as amended by subsection (i), is further amended
by adding at the end the following:
``(t) Participation by Emergency Shelters.--
``(1) Definition of emergency shelter.--In this subsection, the
term `emergency shelter' means--
``(A) an emergency shelter (as defined in section 321 of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11351)); or
``(B) a site operated by the shelter.
``(2) Administration.--Except as otherwise provided in this
subsection, an emergency shelter shall be eligible to participate
in the program authorized under this section in accordance with the
terms and conditions applicable to eligible institutions described
in subsection (a).
``(3) Licensing requirements.--The licensing requirements
contained in subsection (a)(1) shall not apply to an emergency
shelter.
``(4) Health and safety standards.--To be eligible to
participate in the program authorized under this section, an
emergency shelter shall comply with applicable State or local
health and safety standards.
``(5) Meal or supplement reimbursement.--
``(A) Limitations.--An emergency shelter may claim
reimbursement under this subsection--
``(i) only for a meal or supplement served to children
residing at an emergency shelter, if the children are--
``(I) not more than 12 years of age;
``(II) children of migrant workers, if the children
are not more than 15 years of age; or
``(III) children with disabilities; and
``(ii) for not more than 3 meals, or 2 meals and a
supplement, per child per day.
``(B) Rate.--A meal or supplement eligible for
reimbursement shall be reimbursed at the rate at which free
meals and supplements are reimbursed under subsection (c).
``(C) No charge.--A meal or supplement claimed for
reimbursement shall be served without charge.''.
(2) Conforming amendments.--
(A) Section 13(a)(3)(C) of the National School Lunch Act
(42 U.S.C. 1761(a)(3)(C)) is amended--
(i) in clause (i), by adding ``or'' at the end;
(ii) by striking clause (ii); and
(iii) by redesignating clause (iii) as clause (ii).
(B) Section 17(a) of the National School Lunch Act (42
U.S.C. 1766(a)) is amended in the third sentence--
(i) by striking ``and public'' and inserting
``public''; and
(ii) by inserting before the period at the end the
following: ``, and emergency shelters (as provided in
subsection (t))''.
(C)(i) Section 17B of the National School Lunch Act (42
U.S.C. 1766b) is repealed.
(ii) Section 25(b)(1) of the National School Lunch Act (42
U.S.C. 1769f(b)(1) is amended--
(I) by striking subparagraph (D); and
(II) by redesignating subparagraphs (E) through (G) as
subparagraphs (D) through (F), respectively.
(3) Technical amendments.--
(A) Section 12(d) of the National School Lunch Act (42
U.S.C. 1760(d)) is amended--
(i) in paragraph (1)(A), by striking ``mental or
physical'' each place it appears; and
(ii) by adding at the end the following:
``(8) Disability.--The term `disability' has the meaning given
the term in the Rehabilitation Act of 1973 for purposes of title II
of that Act (29 U.S.C 760 et seq.).''.
(B) Section 13(a)(1) of the National School Lunch Act (42
U.S.C. 1761(a)(1)) is amended in subparagraph (D) of the second
sentence--
(i) in clause (i), by striking ``to be mentally or
physically handicapped'' and inserting ``to have a
disability''; and
(ii) in clause (ii), by striking ``the mentally or
physically handicapped'' and inserting ``individuals who
have a disability''.
(C) Section 17(a) of the National School Lunch Act (42
U.S.C. 1766(a)) is amended by striking ``handicaps'' each place
it appears and inserting ``disabilities''.
(D) Section 15 of the Child Nutrition Act of 1966 (42
U.S.C. 1784) is amended--
(i) in paragraph (6), by striking ``mental or physical
handicaps'' each place it appears and inserting
``disabilities''; and
(ii) by adding at the end the following:
``(7) Disability.--The term `disability' has the meaning given
the term in the Rehabilitation Act of 1973 for purposes of title II
of that Act (29 U.S.C 760 et seq.).''.
(4) Effective Date.--The amendments made by paragraphs (1) and
(2) take effect on July 1, 1999.

4ef751678c4ab7a361db88f7ce0501dfbc49eb1334268394d3c028c0ae2205e0

(a) General Authority.--Section 17A(a) of the National School Lunch
Act (42 U.S.C. 1766a(a)) is amended--
(1) in paragraph (1), by striking ``supplements to'' and
inserting ``supplements under a program organized primarily to
provide care for''; and
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) operate afterschool programs with an educational or
enrichment purpose.''.
(b) Eligible Children.--Section 17A(b) of the National School Lunch
Act (42 U.S.C. 1766a(b)) is amended by striking ``served to children''
and all that follows and inserting ``served to school children who are
not more than 18 years of age, except that the age limitation provided
by this subsection shall not apply to a child described in section
12(d)(1)(A).''.
(c) Reimbursement.--Section 17A(c) of the National School Lunch Act
(42 U.S.C. 1766a(c)) is amended by striking ``(c) Reimbursement.--For''
and inserting the following:
``(c) Reimbursement.--
``(1) At-risk school children.--In the case of an eligible
child who is participating in a program authorized under this
section operated at a site located in a geographical area served by
a school in which at least 50 percent of the children enrolled are
certified as eligible to receive free or reduced price school meals
under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), a supplement provided under this section to the child
shall be--
``(A) reimbursed at the rate at which free supplements are
reimbursed under section 17(c)(3); and
``(B) served without charge.
``(2) Other school children.--In the case of an eligible child
who is participating in a program authorized under this section at
a site that is not described in paragraph (1), for''.

9e593ac7963f1a83a2bf8998024062b30292e39b7fb42e43c3d38afb32910373

(a) In General.--Section 18 of the National School Lunch Act (42
U.S.C. 1769) is amended by striking subsections (c), (e), (g), and (h).
(b) Breakfast Pilot Projects.--Section 18(i) of the National School
Lunch Act (42 U.S.C. 1769(i)) is amended to read as follows:
``(i) Breakfast Pilot Projects.--
``(1) In general.--Subject to the availability of funds made
available under paragraph (10), for a period of 3 successive school
years, the Secretary shall make grants to State agencies to conduct
pilot projects in elementary schools under the jurisdiction of not
more than 6 school food authorities approved by the Secretary to--
``(A) reduce paperwork, simplify meal counting
requirements, and make changes that will increase participation
in the school breakfast program; and
``(B) evaluate the effect of providing free breakfasts to
elementary school children, without regard to family income, on
participation, academic achievement, attendance and tardiness,
and dietary intake over the course of a day.
``(2) Nominations.--A State agency that seeks a grant under
this subsection shall submit to the Secretary nominations of school
food authorities to participate in a pilot project under this
subsection
``(3) Approval.--The Secretary shall approve for participation
in pilot projects under this subsection elementary schools under
the jurisdiction of not more than 6 nominated school food
authorities selected so as to--
``(A) provide for an equitable distribution of pilot
projects among urban and rural elementary schools;
``(B) provide for an equitable distribution of pilot
projects among elementary schools of varying family income
levels; and
``(C) permit the evaluation of pilot projects to
distinguish the effects of the pilot projects from other
factors, such as changes or differences in educational policies
or programs.
``(4) Grants to school food authorities.--A State agency
receiving a grant under paragraph (1) shall make grants to school
food authorities to conduct the pilot projects described in
paragraph (1).
``(5) Duration of pilot projects.--Subject to the availability
of funds made available to carry out this subsection, a school food
authority receiving amounts under a grant to conduct a pilot
project described in paragraph (1) shall conduct the project during
a period of 3 successive school years.
``(6) Waiver authority.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary may waive the requirements of this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) relating
to counting of meals, applications for eligibility, and related
requirements that would preclude the Secretary from making a
grant to conduct a pilot project under paragraph (1).
``(B) Nonwaivable requirements.--The Secretary may not
waive a requirement under subparagraph (A) if the waiver would
prevent a program participant, a potential program participant,
or a school from receiving all of the benefits and protections
of this Act, the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.), or a Federal law (including a regulation) that protects
an individual constitutional right or a statutory civil right.
``(7) Requirements for participation in pilot project.--To be
eligible to participate in a pilot project under this subsection--
``(A) a State agency--
``(i) shall submit an application to the Secretary at
such time and in such manner as the Secretary shall
establish to meet criteria the Secretary has established to
enable a valid evaluation to be conducted; and
``(ii) shall provide such information relating to the
operation and results of the pilot project as the Secretary
may reasonably require; and
``(B) a school food authority--
``(i) shall agree to serve all breakfasts at no charge
to all children enrolled in participating elementary
schools;
``(ii) shall not have a history of violations of this
Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
``(iii) shall have, under the jurisdiction of the
school food authority, a sufficient number of elementary
schools that are not participating in the pilot projects to
permit a valid evaluation of the effects of the pilot
projects; and
``(iv) shall meet all other requirements that the
Secretary may reasonably require.
``(8) Evaluation of pilot projects.--
``(A) In general.--The Secretary, acting through the
Administrator of the Food and Nutrition Service, shall conduct
an evaluation of the pilot projects conducted by the school
food authorities selected for participation.
``(B) Content.--The evaluation shall include--
``(i) a determination of the effect of participation in
the pilot project on the academic achievement, attendance
and tardiness, and dietary intake over the course of a day
of participating children that is not attributable to
changes in educational policies and practices; and
``(ii) a determination of the effect that participation
by elementary schools in the pilot project has on the
proportion of students who eat breakfast and on the
paperwork required to be completed by the schools.
``(C) Report.--On completion of the pilot projects and the
evaluation, 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 describing the results of the evaluation of the
pilot projects required under subparagraph (A).
``(9) Reimbursement.--
``(A) In general.--Except as provided in subparagraph (B),
a school conducting a pilot project under this subsection shall
receive a total Federal reimbursement under the school
breakfast program in an amount that is equal to the total
Federal reimbursement for the school for the prior year under
the program (adjusted to reflect changes in the series for food
away from home of the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor and adjusted for fluctuations in
enrollment).
``(B) Excess needs.--Funds required for the pilot project
in excess of the level of reimbursement received by the school
for the prior year (adjusted to reflect changes described in
subparagraph (A) and adjusted for fluctuations in enrollment)
may be taken from any non-Federal source or from amounts
provided under this subsection.
``(10) Authorization of appropriations.--
``(A) In general.--There are authorized to be appropriated
such sums as are necessary to carry out this subsection.
``(B) Requirement.--No amounts may be provided under this
subsection unless specifically provided in appropriations
Acts.''.
(c) Conforming Amendments.--
(1) Section 18 of the National School Lunch Act (42 U.S.C.
1769), as amended by subsections (a) and (b), is further amended by
redesignating subsections (d), (f), and (i) as subsections (c),
(d), and (e), respectively.
(2) Section 101(b) of the Child Nutrition Amendments of 1992
(42 U.S.C. 1769 note; Public Law 102-342) is amended--
(A) in paragraph (1)--
(i) by striking ``(1)''; and
(ii) by striking ``other than those required under
section 18(c) of the National School Lunch Act (42 U.S.C.
1769(c)) to identify other'' and inserting ``to identify'';
and
(B) by striking paragraph (2).

7b303b9500925a92daa44bccb06c3cfc1011cb0f90cb6eb56e81b0b94207f952

INSTITUTE.
(a) Technical Amendments.--Section 21(c)(2) of the National School
Lunch Act (42 U.S.C. 1769b-1(c)(2)) is amended by striking ``of section
24'' each place it appears in subparagraphs (F) and (H) and inserting
``established by the Secretary''.
(b) Training and Technical Assistance.--Section 21(e)(1) of the
National School Lunch Act (42 U.S.C. 1769b-1(e)(1)) is amended by
striking ``1998'' and inserting ``2003''.
(c) Food Service Management Institute.--Section 21(e)(2)(A) of the
National School Lunch Act (42 U.S.C. 1769b-1(e)(2)(A)) is amended in
the first sentence by striking ``and $2,000,000 for fiscal year 1996
and each subsequent fiscal year,'' and inserting ``$2,000,000 for each
of fiscal years 1996 through 1998, and $3,000,000 for fiscal year 1999
and each subsequent fiscal year,''.

ce636283a24bc7c6275fbf248b32ba94a12f7bc42feaf592d9228aef47576dd1

Section 22(d) of the National School Lunch Act (42 U.S.C. 1769c(d))
is amended by striking ``1996'' and inserting ``2003''.

0be52430bb39db8e7a4a2236da78da3b64ad561850156fbcb8ada21f230e5d6c

Section 26(d) of the National School Lunch Act (42 U.S.C. 1769g(d))
is amended in the first sentence by striking ``and $100,000 for fiscal
year 1998'' and inserting ``$100,000 for fiscal year 1998, and $166,000
for each of fiscal years 1999 through 2003''.

379e16179da7c89287f195cd614473777cf62f2caff840e53458c6bdf6948f7b

WITH DISABILITIES.
Section 27 of the National School Lunch Act (42 U.S.C. 1769h) is
amended to read as follows:
``SEC. 27. ACCOMMODATION OF THE SPECIAL DIETARY NEEDS OF INDIVIDUALS
WITH DISABILITIES.
``(a) Definitions.--In this section:
``(1) Covered program.--The term `covered program' means--
``(A) the school lunch program authorized under this Act;
``(B) the school breakfast program authorized under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and
``(C) any other program authorized under this Act or the
Child Nutrition Act of 1966 (except for section 17) that the
Secretary determines is appropriate.
``(2) Eligible entity.--The term `eligible entity' means a
school food authority, institution, or service institution that
participates in a covered program.
``(b) Activities.--The Secretary may carry out activities to help
accommodate the special dietary needs of individuals with disabilities
who are participating in a covered program. The activities may
include--
``(1) developing and disseminating to State agencies guidance
and technical assistance materials;
``(2) conducting training of State agencies and eligible
entities; and
``(3) providing grants to State agencies and eligible entities.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 1999 through 2003.''.

7bc6cd933c9a9a3164c8e5376b4c3cd0d2d0c31c5d79adef2483165d0622441c

Section 4(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(a))
is amended in the first sentence by striking ``and to carry out the
provisions of subsection (g)''.

b018cde5c0c32c58d61be4710e6f01ee397ab2576ad5b62854029ab3fa72f6de

(a) Homeless Shelters.--Section 7(a)(5)(B) of the Child Nutrition
Act of 1966 (42 U.S.C. 1776(a)(5)(B)) is amended to read as follows:
``(B) Reallocation of funds.--
``(i) Return to secretary.--For each fiscal year, any
amounts appropriated that are not obligated or expended
during the fiscal year and are not carried over for the
succeeding fiscal year under subparagraph (A) shall be
returned to the Secretary.
``(ii) Reallocation by secretary.--The Secretary shall
allocate, for purposes of administrative costs, any
remaining amounts among States that demonstrate a need for
the amounts.''.
(b) Elimination of 10 Percent Transfer Limitation.-- Section
7(a)(6) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(6)) is
amended to read as follows:
``(6) Use of administrative funds.--Funds available to a State
under this subsection and under section 13(k)(1) of the National
School Lunch Act (42 U.S.C. 1761(k)(1)) may be used by the State
for the costs of administration of the programs authorized under
this Act (except for the programs authorized under sections 17 and
21) and the National School Lunch Act (42 U.S.C. 1751 et seq.)
without regard to the basis on which the funds were earned and
allocated.''.
(c) Reauthorization of Program.--Section 7(g) of the Child
Nutrition Act of 1966 (42 U.S.C. 1776(g)) is amended by striking
``1998'' and inserting ``2003''.

72a50ce6d0d8657b8073ef4a132a193868e4ea99576ef17226b20abcce30988c

7b803aae394ee97a881290c619e8a42b168ee099631e556c00f8c9d891e4b650

Section 19(i) of the Child Nutrition Act of 1966 (42 U.S.C.
1788(i)) is amended--
(1) by striking the subsection heading and all that follows
through paragraph (3)(A) and inserting the following:
``(i) Authorization of Appropriations.--
``(1) In general.--
``(A) Funding.--There are authorized to be appropriated
such sums as are necessary to carry out this section for each
of fiscal years 1997 through 2003.''; and
(2) by redesignating paragraphs (4) and (5) as paragraphs (2)
and (3), respectively.

d61a7b6756349552b9adb7814b7e77bc9ed2338171e1dca4f798725ba6c4ad8d

Section 3(f)(2) of the Commodity Distribution Reform Act and WIC
Amendments of 1987 (7 U.S.C. 612c note; Public Law 100-237) is amended
to read as follows:
``(2) Information from recipient agencies.--
``(A) In general.--The Secretary shall ensure that
information with respect to the types and forms of commodities
that are most useful to persons participating in programs
described in subsection (a)(2) is collected from recipient
agencies operating the programs.
``(B) Frequency.--The information shall be collected at
least once every 2 years.
``(C) Additional submissions.--The Secretary shall provide
the recipient agencies a means for voluntarily submitting
customer acceptability information.''.

5f150ec5b0bca48512e66a7026cf0b1713f74eab02830cedaf0d3b6b5c3d73b5

TITLE III

-COMMODITY DISTRIBUTION PROGRAMS

The Commodity Distribution Reform Act and WIC Amendments of 1987 (7
U.S.C. 612c note; Public Law 100-237) is amended--
(1) by redesignating sections 13 and 14 as sections 17 and 18,
respectively; and
(2) by inserting after section 12 the following:
``SEC. 13. AUTHORITY TO TRANSFER COMMODITIES BETWEEN PROGRAMS.
``(a) Transfer.--Subject to subsection (b), the Secretary may
transfer any commodities purchased with appropriated funds for a
domestic food assistance program administered by the Secretary to any
other domestic food assistance program administered by the Secretary if
the transfer is necessary to ensure that the commodities will be used
while the commodities are still suitable for human consumption.
``(b) Reimbursement.--The Secretary shall, to the maximum extent
practicable, provide reimbursement for the value of the commodities
transferred under subsection (a) from accounts available for the
purchase of commodities under the program receiving the commodities.
``(c) Crediting.--Any reimbursement made under subsection (b)
shall--
``(1) be credited to the accounts that incurred the costs when
the transferred commodities were originally purchased; and
``(2) be available for the purchase of commodities with the
same limitations as are provided for appropriated funds for the
reimbursed accounts for the fiscal year in which the transfer takes
place.
``SEC. 14. AUTHORITY TO RESOLVE CLAIMS.
``(a) In General.--The Secretary may determine the amount of,
settle, and adjust all or part of a claim arising under a domestic food
assistance program administered by the Secretary.
``(b) Waiver.--The Secretary may waive a claim described in
subsection (a) if the Secretary determines that a waiver would serve
the purposes of the program.
``(c) Authority of the Attorney General.--Nothing in this section
diminishes the authority of the Attorney General under section 516 of
title 28, United States Code, or any other provision of law, to
supervise and conduct litigation on behalf of the United States.
``SEC. 15. PAYMENT OF COSTS ASSOCIATED WITH REMOVAL OF COMMODITIES THAT
POSE A HEALTH OR SAFETY RISK.
``(a) In General.--The Secretary may use funds available to carry
out section 32 of the Act of August 24, 1935 (49 Stat. 774, chapter
641; 7 U.S.C. 612c), that are not otherwise committed, for the purpose
of reimbursing States for State and local costs associated with the
removal of commodities distributed under any domestic food assistance
program administered by the Secretary if the Secretary determines that
the commodities pose a health or safety risk.
``(b) Allowable Costs.--The costs--
``(1) may include costs for storage, transportation,
processing, and destruction of the commodities described in
subsection (a); and
``(2) shall be subject to the approval of the Secretary.
``(c) Replacement Commodities.--
``(1) In general.--The Secretary may use funds described in
subsection (a) for the purpose of purchasing additional commodities
if the purchase will expedite replacement of the commodities
described in subsection (a).
``(2) Recovery.--Use of funds under paragraph (1) shall not
restrict the Secretary from recovering funds or services from a
supplier or other entity regarding the commodities described in
subsection (a).
``(d) Crediting of Recovered Funds.--Funds recovered from a
supplier or other entity regarding the commodities described in
subsection (a) shall--
``(1) be credited to the account available to carry out section
32 of the Act of August 24, 1935 (49 Stat. 774, ch. 641; 7 U.S.C.
612c), to the extent the funds represent expenditures from that
account under subsections (a) and (c); and
``(2) remain available to carry out the purposes of section 32
of that Act until expended.
``(e) Termination Date.--The authority provided by this section
terminates effective October 1, 2000.
``SEC. 16. AUTHORITY TO ACCEPT COMMODITIES DONATED BY FEDERAL SOURCES.
``(a) In General.--The Secretary may accept donations of
commodities from any Federal agency, including commodities of another
Federal agency determined to be excess personal property pursuant to
section 202(d) of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 483(d)).
``(b) Use.--The Secretary may donate the commodities received under
subsection (a) to States for distribution through any domestic food
assistance program administered by the Secretary.
``(c) Payment.--Notwithstanding section 202(d) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 483(d)),
the Secretary shall not be required to make any payment in connection
with the commodities received under subsection (a).''.

bea91e9ece29c40d644893106a811b273bae4e7fc5ee70cc89f2a13885fb58bc

Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall take effect on October 1, 1998.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

WIC Reauthorization bill — HR. 3874

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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