[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 1614 Enrolled Bill (ENR)]
S.1614
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To amend the Child Nutrition Act of 1966 and the National School Lunch
Act to promote healthy eating habits for children and to extend certain
authorities contained in such Acts through fiscal year 1998, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Healthy Meals for
Healthy Americans Act of 1994''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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0eb31f675742cb8ed87cb050163a349807a4e69991c1428f334b7108d736ab23

TITLE I

-AMENDMENTS TO NATIONAL SCHOOL LUNCH ACT

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nonprocurement debarment under certain child nutrition
programs.

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267d935e17d60be62ae17b3bb76e4c46a1c4d1ad09bd0fec0a6d80cb3dce4788

0a6ff1bb188b05e95a26ae2c03e65914c4e861a77eeb2aa1dedecbb35dfc8739

800dac84525344efb670f53063fce0fb311feb0c7db6a00c6e78b1e7b5e638c1

TITLE III

-MISCELLANEOUS PROVISIONS

establishments and caterers under school lunch program and
school breakfast program.

268b29da6f95e4b6d1b5ef44f31e0a880d603e77a813fc6381ac0aad784bd7b1

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Congress finds that--
(1) undernutrition can permanently retard physical growth,
brain development, and cognitive functioning of children;
(2) the longer a child's nutritional, emotional, and
educational needs go unmet, the greater the likelihood of cognitive
impairment;
(3) low-income children who attend school hungry score
significantly lower on standardized tests than non-hungry low-
income children; and
(4) supplemental nutrition programs under the National School
Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.) can help to offset threats posed to a
child's capacity to learn and perform in school that result from
inadequate nutrient intake.

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TITLE IV

-EFFECTIVE DATE

It is the sense of Congress that--
(1) funds should be made available for child nutrition programs
to remove barriers to the participation of needy children in the
school lunch program, school breakfast program, summer food service
program for children, and the child and adult care food program
under the National School Lunch Act (42 U.S.C. 1751 et seq.) and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(2) the Secretary of Agriculture should take actions to further
strengthen the efficiency of child nutrition programs by
streamlining administrative requirements to reduce the
administrative burden on participating schools and other meal
providers; and
(3) as a part of efforts to continue to serve nutritious meals
to youths in the United States and to educate the general public
regarding health and nutrition issues, the Secretary of Agriculture
should take actions to coordinate the nutrition education efforts
of all nutrition programs.

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Section 6(a) of the National School Lunch Act (42 U.S.C. 1755(a))
is amended--
(1) in the second sentence, by striking ``Any school'' and
inserting ``Except as provided in the next 2 sentences, any
school''; and
(2) by inserting after the second sentence the following new
sentences: ``Any school food authority may refuse some or all of
the fresh fruits and vegetables offered to the school food
authority in any school year and shall receive, in lieu of the
offered fruits and vegetables, other more desirable fresh fruits
and vegetables that are at least equal in value to the fresh fruits
and vegetables refused by the school food authority. The value of
any fresh fruits and vegetables refused by a school under the
preceding sentence for a school year shall not be used to determine
the 20 percent of the total value of agricultural commodities and
other foods tendered to the school food authority in the school
year under the second sentence.''.

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Subsection (b) of section 6 of the National School Lunch Act (42
U.S.C. 1755(b)) is amended to read as follows:
``(b) The Secretary shall deliver, to each State participating in
the school lunch program under this Act, commodities valued at the
total level of assistance authorized under subsection (c) for each
school year for the school lunch program in the State, not later than
September 30 of the following school year.''.

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Section 6 of the National School Lunch Act (42 U.S.C. 1755) is
amended by adding at the end the following new subsection:
``(g)(1) Subject to paragraph (2), in each school year the
Secretary shall ensure that not less than 12 percent of the assistance
provided under section 4, this section, and section 11 shall be in the
form of commodity assistance provided under this section, including
cash in lieu of commodities and administrative costs for procurement of
commodities under this section.
``(2) If amounts available to carry out the requirements of the
sections described in paragraph (1) are insufficient to meet the
requirement contained in paragraph (1) for a school year, the Secretary
shall, to the extent necessary, use the authority provided under
section 14(a) to meet the requirement for the school year.''.

f58e6ef1431f7a6f13d263c6aa8f571ce3c167076e971b97e51713222115ed88

Section 7 of the National School Lunch Act (42 U.S.C. 1756) is
amended by adding at the end the following new subsection:
``(d) Notwithstanding any other provision of law, the Secretary may
enter into an agreement with a State agency, acting on the request of a
school food service authority, under which funds payable to the State
under section 4 or 11 may be used by the Secretary for the purpose of
purchasing commodities for use by the school food service authority in
meals served under the school lunch program under this Act.''.

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REQUIREMENTS.
(a) School Lunch Program.--Section 9(a)(1) of the National School
Lunch Act (42 U.S.C. 1758(a)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary shall provide technical assistance and
training, including technical assistance and training in the
preparation of lower-fat versions of foods commonly used in the school
lunch program under this Act, to schools participating in the school
lunch program to assist the schools in complying with the nutritional
requirements prescribed by the Secretary pursuant to subparagraph (A)
and in providing appropriate meals to children with medically certified
special dietary needs. The Secretary shall provide additional technical
assistance to schools that are having difficulty maintaining compliance
with the requirements.''.
(b) Summer Food Service Program for Children.--Section 13(f) of
such Act (42 U.S.C. 1761(f)) is amended--
(1) by inserting after the first sentence the following new
sentences: ``The Secretary shall provide technical assistance to
service institutions and private nonprofit organizations
participating in the program to assist the institutions and
organizations in complying with the nutritional requirements
prescribed by the Secretary pursuant to this subsection. The
Secretary shall provide additional technical assistance to those
service institutions and private nonprofit organizations that are
having difficulty maintaining compliance with the requirements.'';
and
(2) in the fourth sentence (after the amendment made by
paragraph (1)), by striking ``Such meals'' and inserting ``Meals
described in the first sentence''.
(c) Child and Adult Care Food Program.--Section 17(g)(1) of such
Act (42 U.S.C. 1766(g)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary shall provide technical assistance to those
institutions participating in the program under this section to assist
the institutions and family or group day care home sponsoring
organizations in complying with the nutritional requirements prescribed
by the Secretary pursuant to subparagraph (A). The Secretary shall
provide additional technical assistance to those institutions and
family or group day care home sponsoring organizations that are having
difficulty maintaining compliance with the requirements.''.

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(a) Minimum Nutritional Requirements Based on Weekly Average of
Nutrient Content of School Lunches.--Section 9(a)(1)(A) of the National
School Lunch Act (42 U.S.C. 1758(a)(1)(A)) (as amended by section
105(a)) is further amended--
(1) by striking ``; except that such minimum nutritional
requirements shall not'' and inserting ``, except that the minimum
nutritional requirements--
``(i) shall not'';
(2) by striking the period at the end and inserting ``; and'';
and
(3) by adding at the end the following new clause:
``(ii) shall, at a minimum, be based on the weekly average of
the nutrient content of school lunches.''.
(b) Dietary Guidelines for Americans.--Section 9 of such Act (42
U.S.C. 1758) is amended by adding at the end the following new
subsection:
``(f)(1) Not later than the first day of the 1996-97 school year,
the Secretary, State educational agencies, schools, and school food
service authorities shall, to the maximum extent practicable, inform
students who participate in the school lunch and school breakfast
programs, and parents and guardians of the students, of--
``(A) the nutritional content of the lunches and breakfasts
that are served under the programs; and
``(B) the consistency of the lunches and breakfasts with the
guidelines contained in the most recent `Dietary Guidelines for
Americans' that is published under section 301 of the National
Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C.
5341) (referred to in this subsection as the `Guidelines'),
including the consistency of the lunches and breakfasts with the
guideline for fat content.
``(2)(A) Except as provided in subparagraph (B), not later than the
first day of the 1996-97 school year, schools that are participating in
the school lunch or school breakfast program shall serve lunches and
breakfasts under the programs that are consistent with the Guidelines
(as measured in accordance with subsection (a)(1)(A)(ii) and section
4(e)(1)).
``(B) State educational agencies may grant waivers from the
requirements of subparagraph (A) subject to criteria established by the
appropriate State educational agency. The waivers shall not permit
schools to implement the requirements later than July 1, 1998, or a
later date determined by the Secretary.
``(C) To assist schools in meeting the requirements of this
paragraph, the Secretary--
``(i) shall--
``(I) develop, and provide to schools, standardized
recipes, menu cycles, and food product specification and
preparation techniques; and
``(II) provide to schools information regarding nutrient
standard menu planning, assisted nutrient standard menu
planning, and food-based menu systems; and
``(ii) may provide to schools information regarding other
approaches, as determined by the Secretary.
``(D) Schools may use any of the approaches described in
subparagraph (C) to meet the requirements of this paragraph. In the
case of schools that elect to use food-based menu systems to meet the
requirements of this paragraph, the Secretary may not require the
schools to conduct or use nutrient analysis.''.
(c) Production Records.--Section 9 of such Act (42 U.S.C. 1758) (as
amended by subsection (b)) is further amended by adding at the end the
following new subsection:
``(g) Not later than 1 year after the date of enactment of this
subsection, the Secretary shall provide a notification to Congress that
justifies the need for production records required under section
210.10(b) of title 7, Code of Federal Regulations, and describes how
the Secretary has reduced paperwork relating to the school lunch and
school breakfast programs.''.

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Section 9(a)(2) of the National School Lunch Act (42 U.S.C.
1758(a)(2)) is amended to read as follows:
``(2)(A) Lunches served by schools participating in the school
lunch program under this Act--
``(i) shall offer students fluid milk; and
``(ii) shall offer students a variety of fluid milk consistent
with prior year preferences unless the prior year preference for
any such variety of fluid milk is less than 1 percent of the total
milk consumed at the school.
``(B)(i) The Secretary shall purchase in each calendar year to
carry out the school lunch program under this Act, and the school
breakfast program under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773), lowfat cheese on a bid basis in a quantity that is
the milkfat equivalent of the quantity of milkfat the Secretary
estimates the Commodity Credit Corporation will purchase each calendar
year as a result of the elimination of the requirement that schools
offer students fluid whole milk and fluid unflavored lowfat milk, based
on data provided by the Director of Office of Management and Budget.
``(ii) Not later than 30 days after the Secretary provides an
estimate required under clause (i), the Director of the Congressional
Budget Office shall provide to the appropriate committees of Congress a
report on whether the Director concurs with the estimate of the
Secretary.
``(iii) The quantity of lowfat cheese that is purchased under this
subparagraph shall be in addition to the quantity of cheese that is
historically purchased by the Secretary to carry out school feeding
programs. The Secretary shall take such actions as are necessary to
ensure that purchases under this subparagraph shall not displace
commercial purchases of cheese by schools.''.

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Section 9(b)(2)(C) of the National School Lunch Act (42 U.S.C.
1758(b)(2)(C)) is amended by striking clause (iii) and inserting the
following new clauses:
``(iii) The use or disclosure of any information obtained from an
application for free or reduced price meals, or from a State or local
agency referred to in clause (ii), shall be limited to--
``(I) a person directly connected with the administration or
enforcement of this Act or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), or a regulation issued pursuant to either
Act;
``(II) a person directly connected with the administration or
enforcement of--
``(aa) a Federal education program;
``(bb) a State health or education program administered by
the State or local educational agency (other than a program
carried out under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.)); or
``(cc) a Federal, State, or local means-tested nutrition
program with eligibility standards comparable to the program
under this section; and
``(III)(aa) the Comptroller General of the United States for
audit and examination authorized by any other provision of law; and
``(bb) notwithstanding any other provision of law, a Federal,
State, or local law enforcement official for the purpose of
investigating an alleged violation of any program covered by
paragraph (1) or this paragraph.
``(iv) Information provided under clause (iii)(II) shall be limited
to the income eligibility status of the child for whom application for
free or reduced price meal benefits was made or for whom eligibility
information was provided under clause (ii), unless the consent of the
parent or guardian of the child for whom application for benefits was
made is obtained.
``(v) A person described in clause (iii) who publishes, divulges,
discloses, or makes known in any manner, or to any extent not
authorized by Federal law (including a regulation), any information
obtained under this subsection shall be fined not more than $1,000 or
imprisoned not more than 1 year, or both.''.

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(a) In General.--Section 9(b)(6) of the National School Lunch Act
(42 U.S.C. 1758(b)(6)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking ``a
member of'';
(B) in clause (i)--
(i) by inserting ``a member of'' after ``(i)''; and
(ii) by striking ``or'' at the end;
(C) in clause (ii)--
(i) by inserting ``a member of'' after ``(ii)''; and
(ii) by striking the period at the end and inserting
``; or''; and
(D) by adding at the end the following new clause:
``(iii) enrolled as a participant in a Head Start program
authorized under the Head Start Act (42 U.S.C. 9831 et seq.), on
the basis of a determination that the child is a member of a family
that meets the low-income criteria prescribed under section
645(a)(1)(A) of the Head Start Act (42 U.S.C. 9840(a)(1)(A)).'';
and
(2) in subparagraph (B), by striking ``food stamps or aid to
families with dependent children'' and inserting ``food stamps or
aid to families with dependent children, or of enrollment or
participation in a Head Start program on the basis described in
subparagraph (A)(iii),''.
(b) Child and Adult Care Food Program.--Section 17(c) of such Act
(42 U.S.C. 1766(c)) is amended by adding at the end the following new
paragraph:
``(5) A child shall be considered automatically eligible for
benefits under this section without further application or eligibility
determination, if the child is enrolled as a participant in a Head
Start program authorized under the Head Start Act (42 U.S.C. 9831 et
seq.), on the basis of a determination that the child is a member of a
family that meets the low-income criteria prescribed under section
645(a)(1)(A) of the Head Start Act (42 U.S.C. 9840(a)(1)(A)).''.
(c) Effective Date.--The amendments made by this section shall
become effective on September 25, 1995.

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Section 9 of the National School Lunch Act (42 U.S.C. 1758) (as
amended by section 106(c)) is further amended by adding at the end the
following new subsection:
``(h) In carrying out this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), a State educational agency may use resources
provided through the nutrition education and training program
authorized under section 19 of the Child Nutrition Act of 1966 (42
U.S.C. 1788) for training aimed at improving the quality and acceptance
of school meals.''.

8e2094dea72a14b22faeb42ec735434dfabdb605e3288f49bde468af6516c12e

FREE LUNCHES OR BREAKFASTS.
Section 11(a)(1) of the National School Lunch Act (42 U.S.C.
1759a(a)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) in the second sentence, by striking ``In the case of'' and
inserting the following:
``(B) Except as provided in subparagraph (C), (D), or (E), in the
case of''; and
(3) by striking the third and fourth sentences and inserting
the following new subparagraphs:
``(C)(i) Except as provided in subparagraph (D), in the case of any
school that--
``(I) elects to serve all children in the school free lunches
under the school lunch program during any period of 3 successive
school years, or in the case of a school that serves both lunches
and breakfasts, elects to serve all children in the school free
lunches and free breakfasts under the school lunch program and the
school breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) during any period of 3
successive school years; and
``(II) pays, from sources other than Federal funds, for the
costs of serving the lunches or breakfasts that are in excess of
the value of assistance received under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to the
number of lunches or breakfasts served during the period;
special assistance payments shall be paid to the State educational
agency with respect to the school during the period on the basis of the
number of lunches or breakfasts determined under clause (ii) or (iii).
``(ii) For purposes of making special assistance payments under
clause (i), except as provided in clause (iii), the number of lunches
or breakfasts served by a school to children who are eligible for free
lunches or breakfasts or reduced price lunches or breakfasts during
each school year of the 3-school-year period shall be considered to be
equal to the number of lunches or breakfasts served by the school to
children eligible for free lunches or breakfasts or reduced price
lunches or breakfasts during the first school year of the period.
``(iii) For purposes of computing the amount of the payments, a
school may elect to determine on a more frequent basis the number of
children who are eligible for free or reduced price lunches or
breakfasts who are served lunches or breakfasts during the 3-school-
year period.
``(D)(i) In the case of any school that, on the date of enactment
of this subparagraph, is receiving special assistance payments under
this paragraph for a 3-school-year period described in subparagraph
(C), the State may grant, at the end of the 3-school-year period, an
extension of the period for an additional 2 school years, if the State
determines, through available socioeconomic data approved by the
Secretary, that the income level of the population of the school has
remained stable.
``(ii) A school described in clause (i) may reapply to the State at
the end of the 2-school-year period described in clause (i) for the
purpose of continuing to receive special assistance payments, as
determined in accordance with this paragraph, for a subsequent 5-
school-year period. The school may reapply to the State at the end of
the 5-school-year period, and at the end of each 5-school-year period
thereafter for which the school receives special assistance payments
under this paragraph, for the purpose of continuing to receive the
payments for a subsequent 5-school-year period.
``(iii) If the Secretary determines after considering the best
available socioeconomic data that the income level of families of
children enrolled in a school has not remained stable, the Secretary
may require the submission of applications for free and reduced price
lunches, or for free and reduced price lunches and breakfasts, in the
first school year of any 5-school-year period for which the school
receives special assistance payments under this paragraph, for the
purpose of calculating the special assistance payments.
``(iv) For the purpose of updating information and reimbursement
levels, a school described in clause (i) that carries out a school
lunch or school breakfast program may at any time require submission of
applications for free and reduced price lunches or for free and reduced
price lunches and breakfasts.
``(E)(i) In the case of any school that--
``(I) elects to serve all children in the school free lunches
under the school lunch program during any period of 4 successive
school years, or in the case of a school that serves both lunches
and breakfasts, elects to serve all children in the school free
lunches and free breakfasts under the school lunch program and the
school breakfast program during any period of 4 successive school
years; and
``(II) pays, from sources other than Federal funds, for the
costs of serving the lunches or breakfasts that are in excess of
the value of assistance received under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to the
number of lunches or breakfasts served during the period;
total Federal cash reimbursements and total commodity assistance shall
be provided to the State educational agency with respect to the school
at a level that is equal to the total Federal cash reimbursements and
total commodity assistance received by the school in the last school
year for which the school accepted applications under the school lunch
or school breakfast program, adjusted annually for inflation in
accordance with paragraph (3)(B) and for changes in enrollment, to
carry out the school lunch or school breakfast program.
``(ii) A school described in clause (i) may reapply to the State at
the end of the 4-school-year period described in clause (i), and at the
end of each 4-school-year period thereafter for which the school
receives reimbursements and assistance under this subparagraph, for the
purpose of continuing to receive the reimbursements and assistance for
a subsequent 4-school-year period. The State may approve an application
under this clause if the State determines, through available
socioeconomic data approved by the Secretary, that the income level of
the population of the school has remained consistent with the income
level of the population of the school in the last school year for which
the school accepted the applications described in clause (i).
``(iii) Not later than 1 year after the date of enactment of this
subparagraph, the Secretary shall evaluate the effects of this
subparagraph and notify the Committee on Education and Labor of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate of the results of the evaluation.''.

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(a) Technical Amendment to Definition of School.--
(1) In general.--Section 12(d)(5) of the National School Lunch
Act (42 U.S.C. 1760(d)(5)) is amended--
(A) in the first sentence--
(i) in clause (A), by inserting ``and'' at the end;
(ii) in clause (B), by striking ``, and'' and inserting
a period; and
(iii) by striking clause (C); and
(B) in the second sentence, by striking ``of clauses (A)
and (B)''.
(2) Effective date.--The amendments made by paragraph (1) shall
become effective on October 1, 1995.
(b) Reimbursement for Meals, Supplements, and Milk Under Certain
Programs Contingent on Timely Submission of Claims and Final Program
Operations Report.--Section 12 of such Act (42 U.S.C. 1760) is amended
by adding at the end the following new subsection:
``(j)(1) Except as provided in paragraph (2), the Secretary may
provide reimbursements for final claims for service of meals,
supplements, and milk submitted to State agencies by eligible schools,
summer camps, family day care homes, institutions, and service
institutions only if--
``(A) the claims have been submitted to the State agencies not
later than 60 days after the last day of the month for which the
reimbursement is claimed; and
``(B) the final program operations report for the month is
submitted to the Secretary not later than 90 days after the last
day of the month.
``(2) The Secretary may waive the requirements of paragraph (1) at
the discretion of the Secretary.''.
(c) Expedited Rulemaking.--Section 12 of such Act (42 U.S.C. 1760)
(as amended by subsection (b)) is further amended by adding at the end
the following new subsection:
``(k)(1) Prior to the publication of final regulations that
implement changes that are intended to bring the meal pattern
requirements of the school lunch and breakfast programs into
conformance with the guidelines contained in the most recent `Dietary
Guidelines for Americans' that is published under section 301 of the
National Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341) (referred to in this subsection as the `Guidelines'), the
Secretary shall issue proposed regulations permitting the use of food-
based menu systems.
``(2) Notwithstanding chapter 5 of title 5, United States Code, not
later than 45 days after the publication of the proposed regulations
permitting the use of food-based menu systems, the Secretary shall
publish notice in the Federal Register of, and hold, a public meeting
with--
``(A) representatives of affected parties, such as Federal,
State, and local administrators, school food service
administrators, other school food service personnel, parents, and
teachers; and
``(B) organizations representing affected parties, such as
public interest antihunger organizations, doctors specializing in
pediatric nutrition, health and consumer groups, commodity groups,
food manufacturers and vendors, and nutritionists involved with the
implementation and operation of programs under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
to discuss and obtain public comments on the proposed rule.
``(3) Not later than June 1, 1995, the Secretary shall issue final
regulations to conform the nutritional requirements of the school lunch
and breakfast programs with the Guidelines. The final regulations shall
include--
``(A) rules permitting the use of food-based menu systems; and
``(B) adjustments to the rule on nutrition objectives for
school meals published in the Federal Register on June 10, 1994 (59
Fed. Reg. 30218).
``(4) No school food service authority shall be required to
implement final regulations issued pursuant to this subsection until
the regulations have been final for at least 1 year.
``(5) The final regulations shall reflect comments made at each
phase of the proposed rulemaking process, including the public meeting
required under paragraph (2).''.
(d) Authority of Secretary to Waive Statutory and Regulatory
Requirements.--Section 12 of the National School Lunch Act (42 U.S.C.
1760) (as amended by subsection (c)) is further amended by adding at
the end the following new subsection:
``(l)(1)(A) Except as provided in paragraph (4), the Secretary may
waive any requirement under this Act or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), or any regulation issued under either such
Act, for a State or eligible service provider that requests a waiver
if--
``(i) the Secretary determines that the waiver of the
requirement would facilitate the ability of the State or eligible
service provider to carry out the purpose of the program;
``(ii) the State or eligible service provider has provided
notice and information to the public regarding the proposed waiver;
and
``(iii) the State or eligible service provider demonstrates to
the satisfaction of the Secretary that the waiver will not increase
the overall cost of the program to the Federal Government, and, if
the waiver does increase the overall cost to the Federal
Government, the cost will be paid from non-Federal funds.
``(B) The notice and information referred to in subparagraph
(A)(ii) shall be provided in the same manner in which the State or
eligible service provider customarily provides similar notices and
information to the public.
``(2)(A) To request a waiver under paragraph (1), a State or
eligible service provider (through the appropriate administering State
agency) shall submit an application to the Secretary that--
``(i) identifies the statutory or regulatory requirements that
are requested to be waived;
``(ii) in the case of a State requesting a waiver, describes
actions, if any, that the State has undertaken to remove State
statutory or regulatory barriers;
``(iii) describes the goal of the waiver to improve services
under the program and the expected outcomes if the waiver is
granted;
``(iv) includes a description of the impediments to the
efficient operation and administration of the program;
``(v) describes the management goals to be achieved, such as
fewer hours devoted to, or fewer number of personnel involved in,
the administration of the program;
``(vi) provides a timetable for implementing the waiver; and
``(vii) describes the process the State or eligible service
provider will use to monitor the progress in implementing the
waiver, including the process for monitoring the cost implications
of the waiver to the Federal Government.
``(B) An application described in subparagraph (A) shall be
developed by the State or eligible service provider and shall be
submitted to the Secretary by the State.
``(3)(A) The Secretary shall act promptly on a waiver request
contained in an application submitted under paragraph (2) and shall
either grant or deny the request. The Secretary shall state in writing
the reasons for granting or denying the request.
``(B) If the Secretary grants a waiver request, the Secretary shall
state in writing the expected outcome of granting the waiver.
``(C) The result of the decision of the Secretary shall be
disseminated by the State or eligible service provider through normal
means of communication.
``(D)(i) Except as provided in clause (ii), a waiver granted by the
Secretary under this subsection shall be for a period not to exceed 3
years.
``(ii) The Secretary may extend the period if the Secretary
determines that the waiver has been effective in enabling the State or
eligible service provider to carry out the purposes of the program.
``(4) The Secretary may not grant a waiver under this subsection of
any requirement relating to--
``(A) the nutritional content of meals served;
``(B) Federal reimbursement rates;
``(C) the provision of free and reduced price meals;
``(D) offer versus serve provisions;
``(E) limits on the price charged for a reduced price meal;
``(F) maintenance of effort;
``(G) equitable participation of children in private schools;
``(H) distribution of funds to State and local school food
service authorities and service institutions participating in a
program under this Act and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.);
``(I) the disclosure of information relating to students
receiving free or reduced price meals and other recipients of
benefits;
``(J) prohibiting the operation of a profit producing program;
``(K) the sale of competitive foods;
``(L) the commodity distribution program under section 14;
``(M) the special supplemental nutrition program authorized
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786); and
``(N) enforcement of any constitutional or statutory right of
an individual, including any right under--
``(i) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.);
``(ii) section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794);
``(iii) title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.);
``(iv) the Age Discrimination Act of 1975 (42 U.S.C. 6101
et seq.);
``(v) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); and
``(vi) the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
``(5) The Secretary shall periodically review the performance of
any State or eligible service provider for which the Secretary has
granted a waiver under this subsection and shall terminate the waiver
if the performance of the State or service provider has been inadequate
to justify a continuation of the waiver. The Secretary shall terminate
the waiver if, after periodic review, the Secretary determines that the
waiver has resulted in an increase in the overall cost of the program
to the Federal Government and the increase has not been paid for in
accordance with paragraph (1)(A)(iii).
``(6)(A)(i) An eligible service provider that receives a waiver
under this subsection shall annually submit to the State a report
that--
``(I) describes the use of the waiver by the eligible service
provider; and
``(II) evaluates how the waiver contributed to improved
services to children served by the program for which the waiver was
requested.
``(ii) The State shall annually submit to the Secretary a report
that summarizes all reports received by the State from eligible service
providers.
``(B) The Secretary shall annually submit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate, a report--
``(i) summarizing the use of waivers by the State and eligible
service providers;
``(ii) describing whether the waivers resulted in improved
services to children;
``(iii) describing the impact of the waivers on providing
nutritional meals to participants; and
``(iv) describing how the waivers reduced the quantity of
paperwork necessary to administer the program.
``(7) As used in this subsection, the term `eligible service
provider' means--
``(A) a local school food service authority;
``(B) a service institution or private nonprofit organization
described in section 13; or
``(C) a family or group day care home sponsoring organization
described in section 17.''.

b2db0fc8a4ff415781c344b6eaa14dab3f801234d69c6189d25bf7468606bd6e

Section 12 of the National School Lunch Act (42 U.S.C. 1760) (as
amended by section 112(d)) is further amended by adding at the end the
following new subsection:
``(m)(1) The Secretary, acting through the Administrator of the
Food and Nutrition Service or through the Extension Service, shall
award on an annual basis grants to a private nonprofit organization or
educational institution in each of 3 States to create, operate, and
demonstrate food and nutrition projects that are fully integrated with
elementary school curricula.
``(2) Each organization or institution referred to in paragraph (1)
shall be selected by the Secretary and shall--
``(A) assist local schools and educators in offering food and
nutrition education that integrates math, science, and verbal
skills in the elementary grades;
``(B) assist local schools and educators in teaching
agricultural practices through practical applications, like
gardening;
``(C) create community service learning opportunities or
educational programs;
``(D) be experienced in assisting in the creation of
curriculum-based models in elementary schools;
``(E) be sponsored by an organization or institution, or be an
organization or institution, that provides information, or conducts
other educational efforts, concerning the success and productivity
of American agriculture and the importance of the free enterprise
system to the quality of life in the United States; and
``(F) be able to provide model curricula, examples, advice, and
guidance to schools, community groups, States, and local
organizations regarding means of carrying out similar projects.
``(3) Subject to the availability of appropriations to carry out
this subsection, the Secretary shall make grants to each of the 3
private organizations or institutions selected under this subsection in
amounts of not less than $100,000, nor more than $200,000, for each of
fiscal years 1995 through 1998.
``(4) The Secretary shall establish fair and reasonable auditing
procedures regarding the expenditure of funds under this subsection.
``(5) There are authorized to be appropriated to carry out this
subsection such sums as are necessary for each of fiscal years 1995
through 1998.''.

80b28bb72d284ca418a118e597895c9d242a557898ecd13ce0d0ace86b02521f

(a) Priority Requirements for Determining Participation of Certain
Eligible Service Institutions.--Section 13(a)(4) of the National School
Lunch Act (42 U.S.C. 1761(a)(4)) is amended by striking subparagraphs
(A) through (F) and inserting the following new subparagraphs:
``(A) Local schools.
``(B) All other service institutions and private nonprofit
organizations eligible under paragraph (7) that have demonstrated
successful program performance in a prior year.
``(C) New public institutions.
``(D) New private nonprofit organizations eligible under
paragraph (7).''.
(b) Elimination of 1-Year Waiting Period With Respect to
Participation of Private Nonprofit Organizations in Certain Areas Under
the Program.--Section 13(a)(7) of such Act (42 U.S.C. 1761(a)(7)) is
amended by striking subparagraph (C).
(c) Non-School Sites.--Section 13(c)(1) of such Act (42 U.S.C.
1761(c)(1)) is amended by inserting before the period at the end the
following: ``or that provide meal service at non-school sites to
children who are not in school for a period during the months of
October through April due to a natural disaster, building repair, court
order, or similar cause''.
(d) Registered Food Service Management Company Reports.--Section
13(l)(3) of such Act (42 U.S.C. 1761(l)(3)) is amended by striking
``and their program record'' and inserting ``that have been seriously
deficient in their participation in the program and may maintain a
record of other registered food service management companies,''.
(e) Management and Administration Plan.--Section 13(n) of such Act
(42 U.S.C. 1761(n)) is amended--
(1) by striking paragraphs (5), (6), (8), and (10); and
(2) by redesignating paragraphs (7), (9), and (11) as
paragraphs (5), (6), and (7), respectively;
(3) by inserting ``and'' after the semicolon at the end of
paragraph (6) (as so redesignated); and
(4) by striking ``; and (12)'' and all that follows through
``reimbursement''.
(f) Elimination of Warning in Private Nonprofit Organization
Application Relating to Criminal Provisions and Related Matters.--
Section 13(q) of such Act (42 U.S.C. 1761(q)) is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (5) as paragraphs
(2) through (4), respectively; and
(3) in paragraph (3) (as so redesignated), by striking
``paragraphs (1) and (3)'' and inserting ``paragraphs (1) and
(2)''.
(g) Extension of Program.--Section 13(r) of such Act (42 U.S.C.
1761(r)) is amended by striking ``1994'' and inserting ``1998''.
(h) All-Day Activities.--The Secretary of Agriculture shall--
(1) not later than 180 days after the date of enactment of this
Act, in consultation with the heads of other Federal agencies,
identify sources of Federal funds that may be available from other
Federal agencies for service institutions under the summer food
service program for children established under section 13 of the
National School Lunch Act (42 U.S.C. 1761) to carry out all-day
educational and recreational activities for children at feeding
sites under the program; and
(2) notify through State agencies, as determined appropriate by
the Secretary, the service institutions of the sources.

b4f5fe15a40cd6bceec2dea1bc4e2b63826468dce4d1bd006c6443645fd31473

Section 14 of the National School Lunch Act (42 U.S.C. 1762a) is
amended--
(1) in subsection (a), by striking ``1994'' and inserting
``1998''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new paragraphs:
``(2) The Secretary shall maintain and continue to improve the
overall nutritional quality of entitlement commodities provided to
schools to assist the schools in improving the nutritional content of
meals.
``(3) The Secretary shall--
``(A) require that nutritional content information labels be
placed on packages or shipments of entitlement commodities provided
to the schools; or
``(B) otherwise provide nutritional content information
regarding the commodities provided to the schools.''.

26af9897fab7fe878223c03d7750e043778f112f8d8521ce515c160ca6e67d10

(a) Automatic Eligibility of Certain Even Start Participants.--
Section 17(c) of the National School Lunch Act (42 U.S.C. 1766(c)) (as
amended by section 109(b)) is further amended by adding at the end the
following new paragraph:
``(6)(A) A child who has not yet entered kindergarten shall be
considered automatically eligible for benefits under this section
without further application or eligibility determination if the child
is enrolled as a participant in the Even Start program under part B of
chapter 1 of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 2741 et seq.).
``(B) Subparagraph (A) shall apply only with respect to the
provision of benefits under this section for the period beginning
September 1, 1995, and ending September 30, 1997.''.
(b) Reapplication for Assistance at 3-Year Intervals.--Section
17(d)(2)(A) of such Act (42 U.S.C. 1766(d)(2)(A)) is amended by
striking ``2-year intervals'' and inserting ``3-year intervals''.
(c) Use of Administrative Funds to Conduct Outreach and Recruitment
to Unlicensed Day Care Homes.--Section 17(f)(3)(C) of such Act (42
U.S.C. 1766(f)(3)(C)) is amended--
(1) by inserting ``(i)'' after ``(C)''; and
(2) by adding at the end the following new clause:
``(ii) Funds for administrative expenses may be used by family or
group day care home sponsoring organizations to conduct outreach and
recruitment to unlicensed family or group day care homes so that the
day care homes may become licensed.''.
(d) Information and Training Concerning Child Health and
Development.--Section 17(k) of such Act (42 U.S.C. 1766(k)) is amended
by adding at the end the following new paragraph:
``(4) The Secretary shall instruct States to provide, through
sponsoring organizations, information and training concerning child
health and development to family or group day care homes participating
in the program.''.
(e) Extension of Statewide Demonstration Projects.--Section 17(p)
of such Act (42 U.S.C. 1766(p)) is amended--
(1) in paragraph (1)(A), by striking ``25 percent of the
children served by such organization'' and inserting ``25 percent
of the children enrolled in the organization or 25 percent of the
licensed capacity of the organization for children, whichever is
less,'';
(2) in paragraph (4)(B), by striking ``1992'' and inserting
``1998''; and
(3) in paragraph (5), by striking ``1994'' and inserting
``1998''.
(f) WIC Information.--Section 17 of such Act (42 U.S.C. 1766) is
amended by adding at the end the following new subsection:
``(q)(1) The Secretary shall provide State agencies with basic
information concerning the importance and benefits of the special
supplemental nutrition program for women, infants, and children
authorized under section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786).
``(2) The State agency shall--
``(A) provide each child care institution participating in the
program established under this section, other than institutions
providing day care outside school hours for schoolchildren, with
materials that include--
``(i) a basic explanation of the benefits and importance of
the special supplemental nutrition program for women, infants,
and children;
``(ii) the maximum income limits, according to family size,
applicable to children up to age 5 in the State under the
special supplemental nutrition program for women, infants, and
children; and
``(iii) a listing of the addresses and phone numbers of
offices at which parents may apply;
``(B) annually provide the institutions with an update of the
information on income limits described in subparagraph (A)(ii); and
``(C) ensure that, at least once a year, the institutions to
which subparagraph (A) applies provide written information to
parents that includes--
``(i) basic information on the benefits provided under the
special supplemental nutrition program for women, infants, and
children;
``(ii) information on the maximum income limits, according
to family size, applicable to the program; and
``(iii) information on where parents may apply to
participate in the program.''.

fec3fbb7a3a5c8969649ca421180f3dbc29abff55dc75b8095598cc1d1749e7e

(a) Homeless Children Nutrition Program.--
(1) In general.--The National School Lunch Act is amended by
inserting after section 17A (42 U.S.C. 1766a) the following new
section:
``SEC. 17B. HOMELESS CHILDREN NUTRITION PROGRAM.
``(a) In General.--The Secretary shall conduct projects designed to
provide food service throughout the year to homeless children under the
age of 6 in emergency shelters.
``(b) Agreements To Participate in Projects.--
``(1) In general.--The Secretary shall enter into agreements
with State, city, local, or county governments, other public
entities, or private nonprofit organizations to participate in the
projects conducted under this section.
``(2) Eligibility requirements.--The Secretary shall establish
eligibility requirements for the entities described in paragraph
(1) that desire to participate in the projects conducted under this
section. The requirements shall include the following:
``(A) Each private nonprofit organization shall operate not
more than 5 food service sites under the project and shall
serve not more than 300 homeless children at each such site.
``(B) Each site operated by each such organization shall
meet applicable State and local health, safety, and sanitation
standards.
``(c) Project Requirements.--
``(1) In general.--A project conducted under this section
shall--
``(A) use the same meal patterns and receive reimbursement
payments for meals and supplements at the same rates provided
to child care centers participating in the child care food
program under section 17 for free meals and supplements; and
``(B) receive reimbursement payments for meals and
supplements served on Saturdays, Sundays, and holidays, at the
request of the sponsor of any such project.
``(2) Modification.--The Secretary may modify the meal pattern
requirements to take into account the needs of infants.
``(3) Homeless children eligible for free meals without
application.--Homeless children under the age of 6 in emergency
shelters shall be considered eligible for free meals without
application.
``(d) Funding Priorities.--From the amount described in subsection
(g), the Secretary shall provide funding for projects carried out under
this section for a particular fiscal year (referred to in this
subsection as the `current fiscal year') in the following order of
priority, to the maximum extent practicable:
``(1) The Secretary shall first provide the funding to entities
and organizations, each of which--
``(A) received funding under this section or section 18(c)
(as in effect on the day before the date of enactment of this
section) to carry out a project for the preceding fiscal year;
and
``(B) is eligible to receive funding under this section to
carry out the project for the current fiscal year;
to enable the entity or organization to carry out the project under
this section for the current fiscal year at the level of service
provided by the project during the preceding fiscal year.
``(2) From the portion of the amount that remains after the
application of paragraph (1), the Secretary shall provide funds to
entities and organizations, each of which is eligible to receive
funding under this section, to enable the entity or organization to
carry out a new project under this section for the current fiscal
year, or to expand the level of service provided by a project for
the current fiscal year over the level provided by the project
during the preceding fiscal year.
``(e) Notice.--The Secretary shall advise each State of the
availability of the projects conducted under this subsection for
States, cities, counties, local governments, and other public entities,
and shall advise each State of the procedures for applying to
participate in the project.
``(f) Plan To Allow Participation in the Child and Adult Care Food
Program.--Not later than September 30, 1996, the Secretary shall submit
to the Committee on Education and Labor of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a plan describing--
``(1) how emergency shelters and homeless children who have not
attained the age of 6 and who are served by the shelters under the
program might participate in the child and adult care food program
authorized under section 17 by September 30, 1998; and
``(2) the advantages and disadvantages of the action described
in paragraph (1).
``(g) Funding.--
``(1) In general.--In addition to any amounts made available
under section 7(a)(5)(B)(i)(I) of the Child Nutrition Act of 1966
(42 U.S.C. 1776(a)(5)(B)(i)(I)) and any amounts that are otherwise
made available for fiscal year 1995, out of any moneys in the
Treasury not otherwise appropriated, the Secretary of the Treasury
shall provide to the Secretary to carry out this section $1,800,000
for fiscal year 1995, $2,600,000 for fiscal year 1996, $3,100,000
for fiscal year 1997, $3,400,000 for fiscal year 1998, and
$3,700,000 for fiscal year 1999 and each succeeding fiscal year.
The Secretary shall be entitled to receive the funds and shall
accept the funds.
``(2) Insufficient number of applicants.--The Secretary may
expend less than the amount described in paragraph (1) for a fiscal
year if there is an insufficient number of suitable applicants to
carry out projects under this section for the fiscal year. Any
funds made available under this subsection to carry out the
projects for a fiscal year that are not obligated to carry out the
projects in the fiscal year shall remain available until expended
for purposes of carrying out the projects.
``(h) Definition of emergency shelter.--As used in this section,
the term `emergency shelter' has the meaning provided the term in
section 321(2) of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11351(2)).''.
(2) Conforming amendments.--
(A) National school lunch act.--Section 18 of the National
School Lunch Act (42 U.S.C. 1769) is amended by striking
subsection (c).
(B) Child nutrition act of 1966.--Section 7(a)(5)(B)(i)(I)
of the Child Nutrition Act of 1966 (42 U.S.C.
1776(a)(5)(B)(i)(I)) is amended--
(i) by striking ``projects under section 18(c) of the
National School Lunch Act (42 U.S.C. 1769(c))'' and
inserting ``projects under section 17B of the National
School Lunch Act''; and
(ii) by striking ``each of fiscal years 1993 and 1994''
each place it appears and inserting ``fiscal year 1995 and
each subsequent fiscal year''.
(b) Demonstration Program for the Prevention of Boarder Babies.--
Section 18 of the National School Lunch Act (42 U.S.C. 1769(c)) (as
amended by subsection (a)(2)(A)) is further amended by inserting after
subsection (b) the following new subsection:
``(c)(1) Using the funds provided under paragraph (7), the
Secretary shall conduct at least 1 demonstration project through a
participating entity during each of fiscal years 1995 through 1998 that
is designed to provide food and nutrition services throughout the year
to--
``(A) homeless pregnant women; and
``(B) homeless mothers or guardians of infants, and the
children of the mothers and guardians.
``(2) To be eligible to obtain funds under this subsection, a
homeless shelter, a transitional housing organization, or another
entity that provides or will provide temporary housing for individuals
described in paragraph (1) shall (in accordance with guidelines
established by the Secretary)--
``(A) submit to the Secretary a proposal to provide food and
nutrition services, including a plan for coordinating the services
with services provided under the special supplemental nutrition
program for women, infants, and children authorized under section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
``(B) receive the approval of the Secretary for the proposal;
``(C) be located in an urban area that has--
``(i) a significant population of boarder babies;
``(ii) a very high rate of mortality for children under 1
year of age; or
``(iii) a significant population of homeless pregnant women
and homeless women with infants;
as determined by the Secretary; and
``(D) be able to coordinate services provided under this
subsection with the services provided by the local government and
with other programs that may assist the participants receiving
services under this subsection.
``(3) Food and nutrition services funded under this subsection--
``(A) may include--
``(i) meals, supplements, and other food;
``(ii) nutrition education;
``(iii) nutrition assessments;
``(iv) referrals to--
``(I) the special supplemental nutrition program for
women, infants, and children authorized under section 17 of
such Act (42 U.S.C. 1786);
``(II) the medical assistance program established under
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.);
``(III) the food stamp program established under
section 4 of the Food Stamp Act of 1977 (7 U.S.C. 2013);
and
``(IV) other public or private programs and services;
``(v) activities related to the services described in any
of clauses (i) through (iv); and
``(vi) administrative activities related to the services
described in any of clauses (i) through (v); and
``(B) may not include the construction, purchase, or rental of
real property.
``(4)(A) A participating entity shall--
``(i) use the same meal patterns, and receive reimbursement
payments for meals and supplements at the same rates, as apply to
child care centers participating in the child care food program
under section 17 for free meals and supplements;
``(ii) receive reimbursement payments for meals and supplements
served on Saturdays, Sundays, and holidays, at the request of the
entity; and
``(iii) maintain a policy of not providing services or
assistance to pregnant women, or homeless women with infants, who
use a controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)).
``(B) The Secretary may modify the meal pattern requirements to
take into account the needs of infants, homeless pregnant women,
homeless mothers, guardians of infants, or the children of the women,
mothers, or guardians.
``(C) The Secretary shall provide funding to a participating entity
for services described in paragraph (3) that are provided to
individuals described in paragraph (1).
``(5) The Secretary shall impose such auditing and recordkeeping
requirements as are necessary to monitor the use of Federal funds to
carry out this subsection.
``(6) The Secretary shall notify the Committee on Education and
Labor, and the Committee on Agriculture, of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate on projects carried out under this subsection.
``(7)(A) Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall provide to the
Secretary $400,000 for each of fiscal years 1995 through 1998 to carry
out this subsection. The Secretary shall be entitled to receive the
funds and shall accept the funds.
``(B) Any funds provided under subparagraph (A) to carry out
projects under this subsection for a fiscal year that are not obligated
in the fiscal year shall be used by the Secretary to carry out the
homeless children nutrition program established under section 17B.
``(8) As used in this subsection:
``(A) The term `boarder baby' means an abandoned infant
described in section 103(1) of the Abandoned Infants Assistance Act
of 1988 (Public Law 100-505; 42 U.S.C. 670 note).
``(B) The term `nutrition education' has the meaning provided
in section 17(b)(7) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(b)(7)).''.

3149c611620b0064a10ce1ba910b10a76f0ad4c12203c52c2a14e84f652b99ac

(a) Commodity Letter of Credit (CLOC) Programs.--The first sentence
of section 18(b)(1) of the National School Lunch Act (42 U.S.C.
1769(b)(1)) is amended by striking ``, and ending September 30, 1994''.
(b) Demonstration Program To Provide Meals and Supplements Outside
of School Hours.--Section 18 of such Act (42 U.S.C. 1769) is amended by
adding at the end the following new subsection:
``(e)(1)(A) The Secretary shall establish a demonstration program
to provide grants to eligible institutions or schools to provide meals
or supplements to adolescents participating in educational,
recreational, or other programs and activities provided outside of
school hours.
``(B) The amount of a grant under subparagraph (A) shall be equal
to the amount necessary to provide meals or supplements described in
such subparagraph and shall be determined in accordance with
reimbursement payment rates for meals and supplements under the child
and adult care food program under section 17.
``(2) The Secretary may not provide a grant under paragraph (1) to
an eligible institution or school unless the institution or school
submits to the Secretary an application containing such information as
the Secretary may reasonably require.
``(3) The Secretary may not provide a grant under paragraph (1) to
an eligible institution or school unless the institution or school
agrees that the institution or school will--
``(A) use amounts from the grant to provide meals or
supplements under educational, recreational, or other programs and
activities for adolescents outside of school hours, and the
programs and activities are carried out in geographic areas in
which there are high rates of poverty, violence, or drug and
alcohol abuse among school-aged youths; and
``(B) use the same meal patterns as meal patterns required
under the child and adult care food program under section 17.
``(4) Determinations with regard to eligibility for free and
reduced price meals and supplements provided under programs and
activities under this subsection shall be made in accordance with the
income eligibility guidelines for free and reduced price lunches under
section 9.
``(5)(A) Except as provided in subparagraph (B), the Secretary
shall expend to carry out this subsection, from amounts appropriated
for purposes of carrying out section 17, $325,000 for fiscal year 1995,
$475,000 for each of fiscal years 1996 and 1997, and $525,000 for
fiscal year 1998. In addition to amounts described in the preceding
sentence, the Secretary shall expend any additional amounts in any
fiscal year as may be provided in advance in appropriations Acts.
``(B) The Secretary may expend less than the amount required under
subparagraph (A) if there is an insufficient number of suitable
applicants.
``(6) As used in this subsection:
``(A) The term `adolescent' means a child who has attained the
age of 13 but has not attained the age of 19.
``(B) The term `eligible institution or school' means--
``(i) an institution, as the term is defined in section 17;
or
``(ii) an elementary or secondary school participating in
the school lunch program under this Act.
``(C) The term `outside of school hours' means after-school
hours, weekends, or holidays during the regular school year.''.
(c) Fortified Fluid Milk.--Section 18 of such Act (42 U.S.C. 1769)
(as amended by subsection (b)) is further amended by adding at the end
the following new subsection:
``(f)(1) Subject to the availability of appropriations to carry out
this subsection, the Secretary shall establish pilot projects in at
least 25 school districts under which the milk offered by schools meets
the fortification requirements of paragraph (3) for lowfat, skim, and
other forms of fluid milk.
``(2) The Secretary shall make available to school districts
information that compares the nutritional benefits of fluid milk that
meets the fortification requirements of paragraph (3) and the
nutritional benefits of other milk that is made available through the
school lunch program established under this Act.
``(3) The fortification requirements for fluid milk for the pilot
project referred to in paragraph (1) shall provide that--
``(A) all whole milk in final package form for beverage use
shall contain not less than--
``(i) 3.25 percent milk fat; and
``(ii) 8.7 percent milk solids not fat;
``(B) all lowfat milk in final package form for beverage use
shall contain not less than 10 percent milk solids not fat; and
``(C) all skim milk in final package form for beverage use
shall contain not less than 9 percent milk solids not fat.
``(4)(A) In selecting where to establish pilot projects under this
subsection, the Secretary shall take into account, among other factors,
the availability of fortified milk and the interest of the school
district in being included in the pilot project.
``(B) The Secretary shall establish the pilot projects in as many
geographic areas as practicable, except that none of the projects shall
be established in school districts that use milk described in paragraph
(3) or similar milk.
``(5) Not later than 2 years after the establishment of the first
pilot project under this subsection, the Secretary shall report to the
Committee on Education and Labor, and the Committee on Agriculture, of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate on--
``(A) the acceptability of fortified whole, lowfat, and skim
milk products to participating children;
``(B) the impact of offering the milk on milk consumption;
``(C) the views of the school food service authorities on the
pilot projects; and
``(D) any increases or reductions in costs attributed to the
pilot projects.
``(6) The Secretary shall--
``(A) obtain copies of any research studies or papers that
discuss the impact of the fortification of milk pursuant to
standards established by the States; and
``(B) on request, make available to State agencies and the
public--
``(i) the information obtained under subparagraph (A); and
``(ii) information about where to obtain milk described in
paragraph (3).
``(7)(A) Each pilot project established under this subsection shall
terminate on the last day of the third year after the establishment of
the pilot project.
``(B) The Secretary shall advise representatives of each district
participating in a pilot project that the district may continue to
offer the fortified forms of milk described in paragraph (3) after the
project terminates.''.
(d) Increased Choices of Fruits, Vegetables, Legumes, Cereals, and
Grain-Based Products.--Section 18 of such Act (42 U.S.C. 1769) (as
amended by subsection (c)) is further amended by adding at the end the
following new subsection:
``(g)(1) The Secretary is authorized to establish a pilot project
to assist schools participating in the school lunch program established
under this Act, and the school breakfast program established under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), to offer
participating students additional choices of fruits, vegetables,
legumes, cereals, and grain-based products (including, subject to
paragraph (6), organically produced agricultural commodities and
products) (collectively referred to in this subsection as `qualified
products').
``(2) The Secretary shall establish procedures under which schools
may apply to participate in the pilot project. To the maximum extent
practicable, the Secretary shall select qualified schools that apply
from each State.
``(3) The Secretary may provide a priority for receiving funds
under this subsection to--
``(A) schools that are located in low-income areas (as defined
by the Secretary); and
``(B) schools that rarely offer 3 or more choices of qualified
products per meal.
``(4) On request, the Secretary shall provide information to the
Committee on Education and Labor, and the Committee on Agriculture, of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate on the impact of the pilot
project on participating schools, including--
``(A) the extent to which participating children increased
consumption of qualified products;
``(B) the extent to which increased consumption of qualified
products offered under the pilot project has contributed to a
reduction in fat intake in the school breakfast and school lunch
programs;
``(C) the desirability of requiring that--
``(i) each school participating in the school breakfast
program increase the number of choices of qualified products
offered per meal to at least 2 choices;
``(ii) each school participating in the school lunch
program increase the number of choices of qualified products
offered per meal; and
``(iii) the Secretary provide additional Federal
reimbursements to assist schools in complying with clauses (i)
and (ii);
``(D) the views of school food service authorities on the pilot
project; and
``(E) any increase or reduction in costs to the schools in
offering the additional qualified products.
``(5) Subject to the availability of funds appropriated to carry
out this subsection, the Secretary shall use not more than $5,000,000
for each of fiscal years 1995 through 1997 to carry out this
subsection.
``(6) For purposes of this subsection, qualified products shall
include organically produced agricultural commodities and products
beginning on the date the Secretary establishes an organic
certification program for producers and handlers of agricultural
products in accordance with the Organic Foods Production Act of 1990 (7
U.S.C. 6501 et seq.).''.
(e) Increased Choices of Lowfat Dairy Products and Lean Meat and
Poultry Products.--Section 18 of such Act (42 U.S.C. 1769) (as amended
by subsection (d)) is further amended by adding at the end the
following new subsection:
``(h)(1) The Secretary is authorized to establish a pilot project
to assist schools participating in the school lunch program established
under this Act, and the school breakfast program established under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), to offer
participating students additional choices of lowfat dairy products
(including lactose-free dairy products) and lean meat and poultry
products (including, subject to paragraph (6), organically produced
agricultural commodities and products) (collectively referred to in
this subsection as `qualified products').
``(2) The Secretary shall establish procedures under which schools
may apply to participate in the pilot project. To the maximum extent
practicable, the Secretary shall select qualified schools that apply
from each State.
``(3) The Secretary may provide a priority for receiving funds
under this subsection to--
``(A) schools that are located in low-income areas (as defined
by the Secretary); and
``(B) schools that rarely offer 3 or more choices of qualified
products per meal.
``(4) On request, the Secretary shall provide information to the
Committee on Education and Labor, and the Committee on Agriculture, of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate on the impact of the pilot
project on participating schools, including--
``(A) the extent to which participating children increased
consumption of qualified products;
``(B) the extent to which increased consumption of qualified
products offered under the pilot project has contributed to a
reduction in fat intake in the school breakfast and school lunch
programs;
``(C) the desirability of requiring that--
``(i) each school participating in the school breakfast
program increase the number of choices of qualified products
offered per meal to at least 2 choices;
``(ii) each school participating in the school lunch
program increase the number of choices of qualified products
offered per meal; and
``(iii) the Secretary provide additional Federal
reimbursements to assist schools in complying with clauses (i)
and (ii);
``(D) the views of the school food service authorities on the
pilot project; and
``(E) any increase or reduction in costs to the schools in
offering the additional qualified products.
``(5) Subject to the availability of funds appropriated to carry
out this subsection, the Secretary shall use not more than $5,000,000
for each of fiscal years 1995 through 1997 to carry out this
subsection.
``(6) For purposes of this subsection, qualified products shall
include organically produced agricultural commodities and products
beginning on the date the Secretary establishes an organic
certification program for producers and handlers of agricultural
products in accordance with the Organic Foods Production Act of 1990 (7
U.S.C. 6501 et seq.).''.
(f) Reduced Paperwork and Application Requirements and Increased
Participation Pilots.--Section 18 of such Act (42 U.S.C. 1769) (as
amended by subsection (e)) is further amended by adding at the end the
following new subsection:
``(i)(1) Subject to the availability of advance appropriations
under paragraph (8), the Secretary shall make grants to a limited
number of schools to conduct pilot projects in 2 or more States
approved by the Secretary to--
``(A) reduce paperwork;
``(B) reduce application and meal counting requirements; and
``(C) make changes that will increase participation in the
school lunch and school breakfast programs.
``(2)(A) Except as provided in subparagraph (B), the Secretary may
waive the requirements of this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) relating to counting of meals, applications
for eligibility, and related requirements that would preclude the
Secretary from making a grant to conduct a pilot project under
paragraph (1).
``(B) The Secretary may not waive a requirement under subparagraph
(A) if the waiver would prevent a program participant, a potential
program recipient, or a school from receiving all of the benefits and
protections of this Act, the Child Nutrition Act of 1966, or a Federal
statute or regulation that protects an individual constitutional right
or a statutory civil right.
``(C) No child otherwise eligible for free or reduced price meals
under section 9 or under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773) shall be required to pay more under a program carried
out under this subsection for such a meal than the child would
otherwise pay under section 9 or under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), respectively.
``(3) To be eligible to receive a grant to conduct a pilot project
under this subsection, a school shall--
``(A) submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the Secretary
may reasonably require, including, at a minimum, information--
``(i) demonstrating that the program carried out under the
project differs from programs carried out under subparagraph
(C), (D), or (E) of section 11(a)(1);
``(ii) demonstrating that at least 40 percent of the
students participating in the school lunch program at the
school are eligible for free or reduced price meals;
``(iii) demonstrating that the school operates both a
school lunch program and a school breakfast program;
``(iv) describing the funding, if any that the school will
receive from non-Federal sources to carry out the pilot
project;
``(v) describing and justifying the additional amount, over
the most recent prior year reimbursement amount received under
the school lunch program and the school breakfast program
(adjusted for inflation and fluctuations in enrollment), that
the school needs from the Federal government to conduct the
pilot; and
``(vi) describing the policy of the school on a la carte
and competitive foods;
``(B) not have a history of violations of this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
``(C) meet any other requirement that the Secretary may
reasonably require.
``(4) To the extent practicable, the Secretary shall select schools
to participate in the pilot program under this subsection in a manner
that will provide for an equitable distribution among the following
types of schools:
``(A) Urban and rural schools.
``(B) Elementary, middle, and high schools.
``(C) Schools of varying income levels.
``(5)(A) Except as provided in subparagraph (B), a school
conducting a pilot project under this subsection shall receive
commodities in an amount equal to the amount the school received in the
prior year under the school lunch program under this Act and under the
school breakfast program under section 4 of the Child Nutrition Act of
1966, adjusted for inflation and fluctuations in enrollment.
``(B) Commodities required for the pilot project in excess of the
amount of commodities received by the school in the prior year under
the school lunch program and the school breakfast program may be funded
from amounts appropriated to carry out this section.
``(6)(A) Except as provided in subparagraph (B), a school
conducting a pilot project under this subsection shall receive a total
Federal reimbursement under the school lunch program and school
breakfast program in an amount equal to the total Federal reimbursement
for the school in the prior year under each such program (adjusted for
inflation and fluctuations in enrollment).
``(B) Funds required for the pilot project in excess of the level
of reimbursement received by the school in the prior year (adjusted for
inflation and fluctuations in enrollment) may be taken from any non-
Federal source or from amounts appropriated to carry out this
subsection. If no appropriations are made for the pilot projects,
schools may not conduct the pilot projects.
``(7)(A) The Secretary shall require each school conducting a pilot
project under this subsection to submit to the Secretary documentation
sufficient for the Secretary, to the extent practicable, to--
``(i) determine the effect that participation by schools in the
pilot projects has on the rate of student participation in the
school lunch program and the school breakfast program, in total and
by various income groups;
``(ii) compare the quality of meals served under the pilot
project to the quality of meals served under the school lunch
program and the school breakfast program during the school year
immediately preceding participation in the pilot project;
``(iii) summarize the views of students, parents, and
administrators with respect to the pilot project;
``(iv) compare the amount of administrative costs under the
pilot project to the amount of administrative costs under the
school lunch program and the school breakfast program during the
school year immediately preceding participation in the pilot
project;
``(v) determine the reduction in paperwork under the pilot
project from the amount of paperwork under the school lunch and
school breakfast programs at the school; and
``(vi) determine the effect of participation in the pilot
project on sales of, and school policy regarding, a la carte and
competitive foods.
``(B) Not later than January 31, 1998, the Secretary shall submit
to the Committee on Education and Labor of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report containing--
``(i) a description of the pilot projects approved by the
Secretary under this subsection;
``(ii) a compilation of the information received by the
Secretary under paragraph (1) as of this date from each school
conducting a pilot project under this subsection; and
``(iii) an evaluation of the program by the Secretary.
``(8) There are authorized to be appropriated to carry out this
subsection $9,000,000 for each fiscal year during the period beginning
October 1, 1995, and ending July 31, 1998.''.

1b43ae5fad1c224adf81308563977629458680b6f4465b8499f369d525096018

Section 19(a) of the National School Lunch Act (42 U.S.C. 1769a(a))
is amended--
(1) by striking ``and other agencies'' and inserting ``other
agencies''; and
(2) by inserting ``, and families of children participating in
the programs,'' after ``assisted under such Acts''.

20d15728dbc5be84f9967eb9c5bea8fd1e610fe19a4e113f963dca49e797877b

(a) Required Activities.--Section 21(c)(2) of the National School
Lunch Act (42 U.S.C. 1769b-1(c)(2)) is amended--
(1) in subparagraph (B)--
(A) by striking ``and'' at the end of clause (viii);
(B) by redesignating clause (ix) as clause (x); and
(C) by inserting after clause (viii) the following new
clause:
``(ix) culinary skills; and'';
(2) by striking ``and'' at the end of subparagraph (D);
(3) by striking the period at the end of subparagraph (E) and
inserting a semicolon; and
(4) by adding at the end the following new subparagraphs:
``(F) training food service personnel to comply with the
nutrition guidance and objectives of section 24 through a
national network of instructors or other means;
``(G) preparing informational materials, such as video
instruction tapes and menu planners, to promote healthier food
preparation; and
``(H) assisting State educational agencies in providing
additional nutrition and health instructions and instructors,
including training personnel to comply with the nutrition
guidance and objectives of section 24.''.
(b) Use of Food Service Management Institute for Dietary and
Nutrition Activities.--Section 21(d) of such Act (42 U.S.C. 1769b-1(d))
is amended--
(1) by striking ``(d) Coordination.--The'' and inserting the
following:
``(d) Coordination.--
``(1) In general.--The''; and
(2) by adding at the end the following new paragraph:
``(2) Use of institute for dietary and nutrition activities.--
The Secretary shall use any food service management institute
established under subsection (a)(2) to assist in carrying out
dietary and nutrition activities of the Secretary.''.
(c) Authorization of Appropriations.--Section 21 of such Act (42
U.S.C. 1769b-1) is amended--
(1) in subsection (a)(1), by striking ``from'' and inserting
``subject to the availability of, and from,''; and
(2) by striking subsection (e) and inserting the following new
subsection:
``(e) Authorization of Appropriations.--
``(1) Training activities and technical assistance.--There are
authorized to be appropriated to carry out subsection (a)(1)
$3,000,000 for fiscal year 1990, $2,000,000 for fiscal year 1991,
and $1,000,000 for each of fiscal years 1992 through 1998.
``(2) Food service management institute.--
``(A) Funding.--In addition to any amounts otherwise made
available for fiscal year 1995, out of any moneys in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall provide to the Secretary $147,000 for fiscal
year 1995, and $2,000,000 for fiscal year 1996 and each
subsequent fiscal year, to carry out subsection (a)(2). The
Secretary shall be entitled to receive the funds and shall
accept the funds.
``(B) Additional funding.--In addition to amounts made
available under subparagraph (A), there are authorized to be
appropriated to carry out subsection (a)(2) such sums as are
necessary for fiscal year 1995 and each subsequent fiscal year.
The Secretary shall carry out activities under subsection
(a)(2), in addition to the activities funded under subparagraph
(A), to the extent provided for, and in such amounts as are
provided for, in advance in appropriations Acts.
``(C) Funding for education, training, or applied research
or studies.--In addition to amounts made available under
subparagraphs (A) and (B), from amounts otherwise appropriated
to the Secretary in discretionary appropriations, the Secretary
may provide funds to any food service management institute
established under subsection (a)(2) for projects specified by
the Secretary that will contribute to implementing dietary or
nutrition initiatives. Any additional funding under this
subparagraph shall be provided noncompetitively in a separate
cooperative agreement.''.

640da59f42f44f16cfa222703e7c4efdfbc2caf316bc79a137c19e1f7bf75b96

Section 22(d) of the National School Lunch Act (42 U.S.C. 1769c(d))
is amended by striking ``1990, 1991, 1992, 1993, and 1994'' and
inserting ``1994 through 1996''.

7487065caff6ff38178d8a10212fb8465913cdf7c0ad3548d2e31ebca5cae7de

NONPROCUREMENT DEBARMENT UNDER CERTAIN CHILD NUTRITION
PROGRAMS.
(a) In General.--The National School Lunch Act (42 U.S.C. 1751 et
seq.) is amended by adding at the end the following new section:
``SEC. 25. DUTIES OF THE SECRETARY RELATING TO NONPROCUREMENT
DEBARMENT.
``(a) Purposes.--The purposes of this section are to promote the
prevention and deterrence of instances of fraud, bid rigging, and other
anticompetitive activities encountered in the procurement of products
for child nutrition programs by--
``(1) establishing guidelines and a timetable for the Secretary
to initiate debarment proceedings, as well as establishing
mandatory debarment periods; and
``(2) providing training, technical advice, and guidance in
identifying and preventing the activities.
``(b) Definitions.--As used in this section:
``(1) Child nutrition program.--The term `child nutrition
program' means--
``(A) the school lunch program established under this Act;
``(B) the summer food service program for children
established under section 13;
``(C) the child and adult care food program established
under section 17;
``(D) the homeless children nutrition program established
under section 17B;
``(E) the special milk program established under section 3
of the Child Nutrition Act of 1966 (42 U.S.C. 1772);
``(F) the school breakfast program established under
section 4 of such Act (42 U.S.C. 1773); and
``(G) the special supplemental nutrition program for women,
infants, and children authorized under section 17 of such Act
(42 U.S.C. 1786).
``(2) Contractor.--The term `contractor' means a person that
contracts with a State, an agency of a State, or a local agency to
provide goods or services in relation to the participation of a
local agency in a child nutrition program.
``(3) Local agency.--The term `local agency' means a school,
school food authority, child care center, sponsoring organization,
or other entity authorized to operate a child nutrition program at
the local level.
``(4) Nonprocurement debarment.--The term `nonprocurement
debarment' means an action to bar a person from programs and
activities involving Federal financial and nonfinancial assistance,
but not including Federal procurement programs and activities.
``(5) Person.--The term `person' means any individual,
corporation, partnership, association, cooperative, or other legal
entity, however organized.
``(c) Assistance To Identify and Prevent Fraud and Anticompetitive
Activities.--The Secretary shall--
``(1) in cooperation with any other appropriate individual,
organization, or agency, provide advice, training, technical
assistance, and guidance (which may include awareness training,
training films, and troubleshooting advice) to representatives of
States and local agencies regarding means of identifying and
preventing fraud and anticompetitive activities relating to the
provision of goods or services in conjunction with the
participation of a local agency in a child nutrition program; and
``(2) provide information to, and fully cooperate with, the
Attorney General and State attorneys general regarding
investigations of fraud and anticompetitive activities relating to
the provision of goods or services in conjunction with the
participation of a local agency in a child nutrition program.
``(d) Nonprocurement Debarment.--
``(1) In general.--Except as provided in paragraph (3) and
subsection (e), not later than 180 days after notification of the
occurrence of a cause for debarment described in paragraph (2), the
Secretary shall initiate nonprocurement debarment proceedings
against the contractor who has committed the cause for debarment.
``(2) Causes for debarment.--Actions requiring initiation of
nonprocurement debarment pursuant to paragraph (1) shall include a
situation in which a contractor is found guilty in any criminal
proceeding, or found liable in any civil or administrative
proceeding, in connection with the supplying, providing, or selling
of goods or services to any local agency in connection with a child
nutrition program, of--
``(A) an anticompetitive activity, including bid-rigging,
price-fixing, the allocation of customers between competitors,
or other violation of Federal or State antitrust laws;
``(B) fraud, bribery, theft, forgery, or embezzlement;
``(C) knowingly receiving stolen property;
``(D) making a false claim or statement; or
``(E) any other obstruction of justice.
``(3) Exception.--If the Secretary determines that a decision
on initiating nonprocurement debarment proceedings cannot be made
within 180 days after notification of the occurrence of a cause for
debarment described in paragraph (2) because of the need to further
investigate matters relating to the possible debarment, the
Secretary may have such additional time as the Secretary considers
necessary to make a decision, but not to exceed an additional 180
days.
``(4) Mandatory child nutrition program debarment periods.--
``(A) In general.--Subject to the other provisions of this
paragraph and notwithstanding any other provision of law except
subsection (e), if, after deciding to initiate nonprocurement
debarment proceedings pursuant to paragraph (1), the Secretary
decides to debar a contractor, the debarment shall be for a
period of not less than 3 years.
``(B) Previous debarment.--If the contractor has been
previously debarred pursuant to nonprocurement debarment
proceedings initiated pursuant to paragraph (1), and the cause
for debarment is described in paragraph (2) based on activities
that occurred subsequent to the initial debarment, the
debarment shall be for a period of not less than 5 years.
``(C) Scope.--At a minimum, a debarment under this
subsection shall serve to bar the contractor for the specified
period from contracting to provide goods or services in
conjunction with the participation of a local agency in a child
nutrition program.
``(D) Reversal, reduction, or exception.--Nothing in this
section shall restrict the ability of the Secretary to--
``(i) reverse a debarment decision;
``(ii) reduce the period or scope of a debarment;
``(iii) grant an exception permitting a debarred
contractor to participate in a particular contract to
provide goods or services; or
``(iv) otherwise settle a debarment action at any time;
in conjunction with the participation of a local agency in a
child nutrition program, if the Secretary determines there is
good cause for the action, after taking into account factors
set forth in paragraphs (1) through (6) of subsection (e).
``(5) Information.--On request, the Secretary shall present to
the Committee on Education and Labor, and the Committee on
Agriculture, of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate information
regarding the decisions required by this subsection.
``(6) Relationship to other authorities.--A debarment imposed
under this section shall not reduce or diminish the authority of a
Federal, State, or local government agency or court to penalize,
imprison, fine, suspend, debar, or take other adverse action
against a person in a civil, criminal, or administrative
proceeding.
``(7) Regulations.--The Secretary shall issue such regulations
as are necessary to carry out this subsection.
``(e) Mandatory Debarment.--Notwithstanding any other provision of
this section, the Secretary shall initiate nonprocurement debarment
proceedings against the contractor (including any cooperative) who has
committed the cause for debarment (as determined under subsection
(d)(2)), unless the action--
``(1) is likely to have a significant adverse effect on
competition or prices in the relevant market or nationally;
``(2) will interfere with the ability of a local agency to
procure a needed product for a child nutrition program;
``(3) is unfair to a person, subsidiary corporation, affiliate,
parent company, or local division of a corporation that is not
involved in the improper activity that would otherwise result in
the debarment;
``(4) is likely to have significant adverse economic impacts on
the local economy in a manner that is unfair to innocent parties;
``(5) is not justified in light of the penalties already
imposed on the contractor for violations relevant to the proposed
debarment, including any suspension or debarment arising out of the
same matter that is imposed by any Federal or State agency; or
``(6) is not in the public interest, or otherwise is not in the
interests of justice, as determined by the Secretary.
``(f) Exhaustion of Administrative Remedies.--Prior to seeking
judicial review in a court of competent jurisdiction, a contractor
against whom a nonprocurement debarment proceeding has been initiated
shall--
``(1) exhaust all administrative procedures prescribed by the
Secretary; and
``(2) receive notice of the final determination of the
Secretary.
``(g) Information Relating to Prevention and Control of
Anticompetitive Activities.--On request, the Secretary shall present to
the Committee on Education and Labor, and the Committee on Agriculture,
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate information regarding the
activities of the Secretary relating to anticompetitive activities,
fraud, nonprocurement debarment, and any waiver granted by the
Secretary under this section.''.
(b) Applicability.--Section 25 of the National School Lunch Act (as
added by subsection (a)) shall not apply to a cause for debarment as
described in section 25(d)(2) of such Act that is based on an activity
that took place prior to the effective date of section 25 of such Act.
(c) No Reduction in Authority To Debar or Suspend a Person From
Federal Financial and Nonfinancial Assistance and Benefits.--The
authority of the Secretary of Agriculture that exists on the day before
the date of enactment of this Act to debar or suspend a person from
Federal financial and nonfinancial assistance and benefits under
Federal programs and activities shall not be diminished or reduced by
subsection (a) or the amendment made by subsection (a).

1f75d8b1ccaed0d7e83a99502c6adcdff05c5c19fd7132617db15e79d607f4ea

The National School Lunch Act (42 U.S.C. 1751 et seq.) (as amended
by section 122) is further amended by adding at the end the following
new section:
``SEC. 26. INFORMATION CLEARINGHOUSE.
``(a) In General.--The Secretary shall enter into a contract with a
nongovernmental organization described in subsection (b) to establish
and maintain a clearinghouse to provide information to nongovernmental
groups located throughout the United States that assist low-income
individuals or communities regarding food assistance, self-help
activities to aid individuals in becoming self-reliant, and other
activities that empower low-income individuals or communities to
improve the lives of low-income individuals and reduce reliance on
Federal, State, or local governmental agencies for food or other
assistance.
``(b) Nongovernmental Organization.--The nongovernmental
organization referred to in subsection (a) shall be selected on a
competitive basis and shall--
``(1) be experienced in the gathering of first-hand information
in all the States through onsite visits to grassroots organizations
in each State that fight hunger and poverty or that assist
individuals in becoming self-reliant;
``(2) be experienced in the establishment of a clearinghouse
similar to the clearinghouse described in subsection (a);
``(3) agree to contribute in-kind resources towards the
establishment and maintenance of the clearinghouse and agree to
provide clearinghouse information, free of charge, to the
Secretary, States, counties, cities, antihunger groups, and
grassroots organizations that assist individuals in becoming self-
sufficient and self-reliant;
``(4) be sponsored by an organization, or be an organization,
that--
``(A) has helped combat hunger for at least 10 years;
``(B) is committed to reinvesting in the United States; and
``(C) is knowledgeable regarding Federal nutrition
programs;
``(5) be experienced in communicating the purpose of the
clearinghouse through the media, including the radio and print
media, and be able to provide access to the clearinghouse
information through computer or telecommunications technology, as
well as through the mails; and
``(6) be able to provide examples, advice, and guidance to
States, counties, cities, communities, antihunger groups, and local
organizations regarding means of assisting individuals and
communities to reduce reliance on government programs, reduce
hunger, improve nutrition, and otherwise assist low-income
individuals and communities become more self-sufficient.
``(c) Audits.--The Secretary shall establish fair and reasonable
auditing procedures regarding the expenditures of funds to carry out
this section.
``(d) Funding.--Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall pay to the Secretary
to provide to the organization selected under this section, to
establish and maintain the information clearinghouse, $200,000 for each
of fiscal years 1995 and 1996, $150,000 for fiscal year 1997, and
$100,000 for fiscal year 1998. The Secretary shall be entitled to
receive the funds and shall accept the funds.''.

49a4609902c393a4016cacfc7411f96439f6797f6307bf361b74570ce7ced26b

OF CHILDREN WITH DISABILITIES.
The National School Lunch Act (42 U.S.C. 1751 et seq.) (as amended
by section 123) is further amended by adding at the end the following
new section:
``SEC. 27. GUIDANCE AND GRANTS FOR ACCOMMODATING SPECIAL DIETARY NEEDS
OF CHILDREN WITH DISABILITIES.
``(a) Definitions.--As used in this section:
``(1) Children with disabilities.--The term `children with
disabilities' means individuals, each of whom is--
``(A) a participant in a covered program; and
``(B) an individual with a disability, as defined in
section 7(8) of the Rehabilitation Act of 1973 (29 U.S.C.
706(8)) for purposes of section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794).
``(2) Covered program.--The term `covered program' means--
``(A) the school lunch program established under this Act;
``(B) the school breakfast program established under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
and
``(C) any other program established under this Act or the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) that the
Secretary determines is appropriate.
``(3) Eligible entity.--The term `eligible entity' means a
school food service authority, or an institution or organization,
that participates in a covered program.
``(b) Guidance.--
``(1) Development.--The Secretary, in consultation with the
Attorney General and the Secretary of Education, shall develop and
approve guidance for accommodating the medical and special dietary
needs of children with disabilities under covered programs in a
manner that is consistent with section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794).
``(2) Timing.--In the case of the school lunch program
established under this Act and the school breakfast program
established under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773), the Secretary shall develop the guidance as required
by paragraph (1) not later than 150 days after the date of
enactment of this section.
``(3) Distribution.--Not later than 60 days after the date that
the development of the guidance relating to a covered program is
completed, the Secretary shall distribute the guidance to school
food service authorities, and institutions and organizations,
participating in the covered program.
``(4) Revision of guidance.--The Secretary, in consultation
with the Attorney General and the Secretary of Education, shall
periodically update and approve the guidances to reflect new
scientific information and comments and suggestions from persons
carrying out covered programs, recognized medical authorities,
parents, and other persons.
``(c) Grants.--
``(1) In general.--Subject to the availability of
appropriations provided in advance to carry out this subsection,
the Secretary shall make grants on a competitive basis to State
educational agencies for distribution to eligible entities to
assist the eligible entities with nonrecurring expenses incurred in
accommodating the medical and special dietary needs of children
with disabilities in a manner that is consistent with section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794).
``(2) Additional assistance.--Subject to paragraph (3)(A)(iii),
assistance received through grants made under this subsection shall
be in addition to any other assistance that State educational
agencies and eligible entities would otherwise receive.
``(3) Allocation by secretary.--
``(A) Preference.--In making grants under this subsection
for any fiscal year, the Secretary shall provide a preference
to State educational agencies that, individually--
``(i) submit to the Secretary a plan for accommodating
the needs described in paragraph (1), including a
description of the purpose of the project for which the
agency seeks such a grant, a budget for the project, and a
justification for the budget;
``(ii) provide to the Secretary data demonstrating that
the State served by the agency has a substantial percentage
of children with medical or special dietary needs, and
information explaining the basis for the data; or
``(iii) demonstrate to the satisfaction of the
Secretary that the activities supported through such a
grant will be coordinated with activities supported under
other Federal, State, and local programs, including--
``(I) activities carried out under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.);
``(II) activities carried out under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.); and
``(III) activities carried out under section 19 of
the Child Nutrition Act of 1966 (42 U.S.C. 1788) or by
the food service management institute established under
section 21.
``(B) Reallocation.--The Secretary shall act in a timely
manner to recover and reallocate to other States any amounts
provided to a State educational agency under this subsection
that are not used by the agency within a reasonable period (as
determined by the Secretary).
``(C) Applications.--The Secretary shall allow State
educational agencies to apply on an annual basis for assistance
under this subsection.
``(4) Allocation by state educational agencies.--In allocating
funds made available under this subsection within a State, the
State educational agency shall give a preference to eligible
entities that demonstrate the greatest ability to use the funds to
carry out the plan submitted by the State in accordance with
paragraph (3)(A)(i).
``(5) Maintenance of effort.--Expenditures of funds from State
and local sources to accommodate the needs described in paragraph
(1) shall not be diminished as a result of grants received under
this subsection.
``(6) Authorization of appropriations.--There are authorized to
be appropriated $1,000,000 for each of fiscal years 1995 through
1998 to carry out this subsection.''.

a9dc79cfc470ec1a30600b7d439d0e9bc11def64df3ac514522edf37366cef7e

PROGRAMS
(a) In General.--The Comptroller General of the United States shall
conduct a study of the costs and problems associated with the sale of
adulterated fruit juice and juice products to the school lunch program
under the National School Lunch Act (42 U.S.C. 1751 et seq.) and school
breakfast program under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773), including a study of--
(1) the nature and extent to which juice products have been and
are currently being adulterated;
(2) the adequacy of current requirements and standards to
preclude manufacturers from processing adulterated products for
school meal programs;
(3) the availability and effectiveness of various detection
methods and testing procedures used to identify adulterated juice
products;
(4) the adequacy of existing enforcement mechanisms and efforts
to detect and prosecute manufacturers of adulterated juice
products;
(5) the economic effect of the sale of adulterated juice
products on the school meal program and on manufacturers of the
products; and
(6) the effect alternative mandatory inspection methods would
have on program costs and various purchasing options.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit a report on the study
conducted under subsection (a) (including any related recommendations)
to the Committee on Education and Labor, and the Committee on
Agriculture, of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.

0eafaff9441e2b06fd6697f36e5a2a10f379eba03c7edb527e29f519cba9aca5

(a) Minimum Nutritional Requirements Measured by Weekly Average of
Nutrient Content of School Breakfasts.--The first sentence of section
4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)) is
amended by inserting before the period at the end the following: ``,
except that the minimum nutritional requirements shall be measured by
not less than the weekly average of the nutrient content of school
breakfasts''.
(b) Technical Assistance for School Breakfast Program.--Section
4(e)(1) of such Act (42 U.S.C. 1773(e)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary shall provide through State educational
agencies technical assistance and training, including technical
assistance and training in the preparation of foods high in complex
carbohydrates and lower-fat versions of foods commonly used in the
school breakfast program established under this section, to schools
participating in the school breakfast program to assist the schools in
complying with the nutritional requirements prescribed by the Secretary
pursuant to subparagraph (A) and in providing appropriate meals to
children with medically certified special dietary needs. The Secretary
shall provide through State educational agencies additional technical
assistance to schools that are having difficulty maintaining compliance
with the requirements.''.
(c) Promotion of Program.--Section 4(f)(1) of such Act (42 U.S.C.
1773(f)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraphs:
``(B) In cooperation with State educational agencies, the Secretary
shall promote the school breakfast program by--
``(i) marketing the program in a manner that expands
participation in the program by schools and students; and
``(ii) improving public education and outreach efforts in
language appropriate materials that enhance the public image of the
program.
``(C) As used in this paragraph, the term `language appropriate
materials' means materials using a language other than the English
language in a case in which the language is dominant for a large
percentage of individuals participating in the program.''.
(d) Startup and Expansion of School Breakfast Program and Summer
Food Service Program for Children.--Subsection (g) of section 4 of such
Act (42 U.S.C. 1773(g)) is amended to read as follows:
``STARTUP AND EXPANSION COSTS
``(g)(1) Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall provide to the
Secretary $5,000,000 for each of fiscal years 1991 through 1997,
$6,000,000 for fiscal year 1998, and $7,000,000 for fiscal year 1999
and each subsequent fiscal year to make payments under this subsection.
The Secretary shall be entitled to receive the funds and shall accept
the funds. The Secretary shall use the funds to make payments on a
competitive basis and in the following order of priority (subject to
other provisions of this subsection), to--
``(A) State educational agencies in a substantial number of
States for distribution to eligible schools to assist the schools
with nonrecurring expenses incurred in--
``(i) initiating a school breakfast program under this
section; or
``(ii) expanding a school breakfast program; and
``(B) a substantial number of States for distribution to
service institutions to assist the institutions with nonrecurring
expenses incurred in--
``(i) initiating a summer food service program for
children; or
``(ii) expanding a summer food service program for
children.
``(2) Payments received under this subsection shall be in addition
to payments to which State agencies are entitled under subsection (b)
and section 13 of the National School Lunch Act (42 U.S.C. 1761).
``(3) To be eligible to receive a payment under this subsection, a
State educational agency shall submit to the Secretary a plan to
initiate or expand school breakfast programs conducted in the State,
including a description of the manner in which the agency will provide
technical assistance and funding to schools in the State to initiate or
expand the programs.
``(4) In making payments under this subsection for any fiscal year
to initiate or expand school breakfast programs, the Secretary shall
provide a preference to State educational agencies that--
``(A) have in effect a State law that requires the expansion of
the programs during the year;
``(B) have significant public or private resources that have
been assembled to carry out the expansion of the programs during
the year;
``(C) do not have a school breakfast program available to a
large number of low-income children in the State; or
``(D) serve an unmet need among low-income children, as
determined by the Secretary.
``(5) In making payments under this subsection for any fiscal year
to initiate or expand summer food service programs for children, the
Secretary shall provide a preference to States--
``(A)(i) in which the numbers of children participating in the
summer food service program for children represent the lowest
percentages of the number of children receiving free or reduced
price meals under the school lunch program established under the
National School Lunch Act (42 U.S.C. 1751 et seq.); or
``(ii) that do not have a summer food service program for
children available to a large number of low-income children in the
State; and
``(B) that submit to the Secretary a plan to expand the summer
food service programs for children conducted in the State,
including a description of--
``(i) the manner in which the State will provide technical
assistance and funding to service institutions in the State to
expand the programs; and
``(ii) significant public or private resources that have
been assembled to carry out the expansion of the programs
during the year.
``(6) The Secretary shall act in a timely manner to recover and
reallocate to other States any amounts provided to a State educational
agency or State under this subsection that are not used by the agency
or State within a reasonable period (as determined by the Secretary).
``(7) The Secretary shall allow States to apply on an annual basis
for assistance under this subsection.
``(8) Each State agency and State, in allocating funds within the
State, shall give preference for assistance under this subsection to
eligible schools and service institutions that demonstrate the greatest
need for a school breakfast program or a summer food service program
for children, respectively.
``(9) Expenditures of funds from State and local sources for the
maintenance of the school breakfast program and the summer food service
program for children shall not be diminished as a result of payments
received under this subsection.
``(10) As used in this subsection:
``(A) The term `eligible school' means a school--
``(i) attended by children a significant percentage of whom
are members of low-income families;
``(ii)(I) as used with respect to a school breakfast
program, that agrees to operate the school breakfast program
established or expanded with the assistance provided under this
subsection for a period of not less than 3 years; and
``(II) as used with respect to a summer food service
program for children, that agrees to operate the summer food
service program for children established or expanded with the
assistance provided under this subsection for a period of not
less than 3 years.
``(B) The term `service institution' means an institution or
organization described in paragraph (1)(B) or (7) of section 13(a)
of the National School Lunch Act (42 U.S.C. 1761(a)(1)(B) or (7)).
``(C) The term `summer food service program for children' means
a program authorized by section 13 of such Act (42 U.S.C. 1761).''.

c81dbcae9134839691d409dc39791254ad0da977b7595efd35ddb4da871cc178

TITLE II

-AMENDMENTS TO CHILD NUTRITION ACT OF 1966

(a) Withholding.--Section 7(a) of the Child Nutrition Act of 1966
(42 U.S.C. 1776(a)) is amended by adding at the end the following new
paragraph:
``(9)(A) If the Secretary determines that the administration of any
program by a State under this Act (other than section 17) or under the
National School Lunch Act (42 U.S.C. 1751 et seq.), or compliance with
a regulation issued pursuant to either of such Acts, is seriously
deficient, and the State fails to correct the deficiency within a
specified period of time, the Secretary may withhold from the State
some or all of the funds allocated to the State under this section or
under section 13(k)(1) or 17 of the National School Lunch Act (42
U.S.C. 1761(k)(1) or 1766).
``(B) On a subsequent determination by the Secretary that the
administration of any program referred to in subparagraph (A), or
compliance with the regulations issued to carry out the program, is no
longer seriously deficient and is operated in an acceptable manner, the
Secretary may allocate some or all of the funds withheld under such
subparagraph.''.
(b) Extension of Authority To Provide Funds for State
Administrative Expenses.--Section 7(h) of such Act (42 U.S.C. 1776(h))
is amended by striking ``1994'' and inserting ``1998''.
(c) Prohibition of Funding Unless State Agrees To Participate in
Certain Studies or Surveys.--Section 7 of such Act (42 U.S.C. 1776) is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) The Secretary may not provide amounts under this section to a
State for administrative costs incurred in any fiscal year unless the
State agrees to participate in any study or survey of programs
authorized under this Act or the National School Lunch Act (42 U.S.C.
1751 et seq.) and conducted by the Secretary.''.

a5f6ac904e5e9522476a741b874716c18367855c5ec7f3709d285451ed50ab97

Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is
amended--
(1) by designating the first, second, and third sentences as
subsections (a), (b), and (c), respectively;
(2) by indenting the margins of subsections (b) and (c) so as
to align with the margins of subsection (b) of section 11 of such
Act (42 U.S.C. 1780); and
(3) in subsection (b) (as designated by paragraph (1))--
(A) by striking ``Such regulations'' and inserting ``(1)
The regulations''; and
(B) by adding at the end the following new paragraphs:
``(2) The Secretary shall develop and provide to State agencies,
for distribution to private elementary schools and to public elementary
schools through local educational agencies, model language that bans
the sale of competitive foods of minimal nutritional value anywhere on
elementary school grounds before the end of the last lunch period.
``(3) The Secretary shall provide to State agencies, for
distribution to private secondary schools and to public secondary
schools through local educational agencies, a copy of regulations (in
existence on the effective date of this paragraph) concerning the sale
of competitive foods of minimal nutritional value.
``(4) Paragraphs (2) and (3) shall not apply to a State that has in
effect a ban on the sale of competitive foods of minimal nutritional
value in schools in the State.''.

11436ef5dde681c86eed141e787a91fd55c584b6a9380069e0ff2d7aab823e39

d3644fd155c391c7cd78cde92514ebdac2c5f05bef0f790e51643da245542fda

(a) Name of Program.--Section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1788) is amended by striking ``information and education''
each place it appears in subsections (b), (c), (d)(1), (f)(1)(G), and
(j)(1) and inserting ``education and training''.
(b) Nutrition Education Programs.--The second sentence of section
19(c) of such Act (42 U.S.C. 1788(c)) is amended--
(1) in subparagraph (B), by striking ``school food service''
and inserting ``child nutrition program'';
(2) by striking ``and'' at the end of subparagraph (C); and
(3) by inserting before the period at the end the following:
``; and (E) providing information to parents and caregivers
regarding the nutritional value of food and the relationship
between food and health''.
(c) Nutrition Education and Training.--Section 19(d) of such Act
(42 U.S.C. 1788(d)) is amended--
(1) in paragraph (1)(C), by inserting before the period at the
end the following: ``, and the provision of nutrition education to
parents and caregivers'';
(2) in the first sentence of paragraph (4), by striking
``educational and school food service personnel'' and inserting
``educational, school food service, child care, and summer food
service personnel''; and
(3) in the first sentence of paragraph (5), by inserting after
``schools'' the following: ``, and in child care institutions and
summer food service institutions,''.
(d) Use of Funds.--Section 19(f)(1) of such Act (42 U.S.C.
1788(f)(1)) is amended--
(1) by striking ``(f)(1) The funds'' and inserting ``(f)(1)(A)
The funds'';
(2) by striking ``for (A) employing'' and inserting ``for--
``(i) employing'';
(3) by redesignating subparagraphs (B) through (I) as clauses
(ii) through (ix), respectively;
(4) by indenting the margins of each of clauses (ii) through
(ix) (as redesignated by paragraph (3)) so as to align with the
margins of clause (i) (as amended by paragraph (2));
(5) by striking ``and'' at the end of clause (viii);
(6) by redesignating clause (ix) as clause (xx);
(7) by inserting after clause (viii) the following new clauses:
``(ix) providing funding for a nutrition component that can be
offered in consumer and homemaking education programs as well as in
the health education curriculum offered to children in kindergarten
through grade 12;
``(x) instructing teachers, school administrators, or other
school staff on how to promote better nutritional health and to
motivate children from a variety of linguistic and cultural
backgrounds to practice sound eating habits;
``(xi) developing means of providing nutrition education in
language appropriate materials to children and families of children
through after-school programs;
``(xii) training in relation to healthy and nutritious meals;
``(xiii) creating instructional programming, including language
appropriate materials and programming, for teachers, school food
service personnel, and parents on the relationships between
nutrition and health and the role of the Food Guide Pyramid
established by the Secretary;
``(xiv) funding aspects of the Strategic Plan for Nutrition and
Education issued by the Secretary;
``(xv) encouraging public service advertisements, including
language appropriate materials and advertisements, to promote
healthy eating habits for children;
``(xvi) coordinating and promoting nutrition education and
training activities in local school districts (incorporating, to
the maximum extent practicable, as a learning laboratory, child
nutrition programs);
``(xvii) contracting with public and private nonprofit
educational institutions for the conduct of nutrition education
instruction and programs relating to the purpose of this section;
``(xviii) increasing public awareness of the importance of
breakfasts for providing the energy necessary for the cognitive
development of school-age children;
``(xix) coordinating and promoting nutrition education and
training activities carried out under child nutrition programs,
including the summer food service program for children established
under section 13 of the National School Lunch Act (42 U.S.C. 1761)
and the child and adult care food program established under section
17 of such Act (42 U.S.C. 1766); and''; and
(8) by adding at the end the following new subparagraph:
``(B) As used in this paragraph, the term `language appropriate'
used with respect to materials, programming, or advertisements means
materials, programming, or advertisements, respectively, using a
language other than the English language in a case in which the
language is dominant for a large percentage of individuals
participating in the program.''.
(e) Administrative Purposes.--Section 19(f) of such Act (42 U.S.C.
1788(f)) is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) A State agency may use an amount equal to not more than 15
percent of the funds made available through a grant under this section
for expenditures for administrative purposes in connection with the
program authorized under this section if the State makes available at
least an equal amount for administrative or program purposes in
connection with the program.''.
(f) State Coordinators for Nutrition; State Plan.--Section 19(h) of
such Act (42 U.S.C. 1788(h)) is amended--
(1) in the first sentence of paragraph (2), by inserting ``and
training'' after ``education''; and
(2) in the third sentence of paragraph (3)--
(A) by striking ``and'' at the end of subparagraph (D); and
(B) by inserting before the period at the end the
following: ``; and (F) a comprehensive plan for providing
nutrition education during the first fiscal year beginning
after the submission of the plan and the succeeding 4 fiscal
years''.
(g) Authorization of Appropriations.--Section 19(i)(2)(A) of such
Act (42 U.S.C. 1788(i)(2)(A)) is amended to read as follows:
``(A) Out of any moneys in the Treasury not otherwise appropriated,
and in addition to any amounts otherwise made available for fiscal year
1995, the Secretary of the Treasury shall provide to the Secretary
$1,000 for fiscal year 1995 and $10,000,000 for fiscal year 1996 and
each succeeding fiscal year for making grants under this section to
each State for the conduct of nutrition education and training
programs. The Secretary shall be entitled to receive the funds and
shall accept the funds.''.
(h) Availability of Funds.--Section 19(i) of such Act (42 U.S.C.
1788(i)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Funds made available to any State under this section shall
remain available to the State for obligation in the fiscal year
succeeding the fiscal year in which the funds were received by the
State.''.

8fb6fb65ed2591f0c5863c094aca2a03876766c9ba28b7fc4e0221eedbeba302

PROGRAM INTO COMPREHENSIVE MEAL PROGRAM.
(a) In General.--Notwithstanding any provision of National School
Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), except as otherwise provided in this section,
the Secretary of Agriculture shall, not later than 18 months after the
date of enactment of this Act, develop and implement regulations to
consolidate the school lunch program under the National School Lunch
Act (42 U.S.C. 1751 et seq.) and the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) into a
comprehensive meal program.
(b) Requirements.--In establishing the comprehensive meal program
under subsection (a), the Secretary shall meet the following
requirements:
(1) The Secretary shall ensure that the program continues to
serve children who are eligible for free and reduced price meals.
The meals shall meet the nutritional requirements of section
9(a)(1) of the National School Lunch Act (42 U.S.C. 1758(a)(1)) and
section 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C.
1773(e)(1)).
(2) The Secretary shall continue to make breakfast assistance
payments in accordance with section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) and food assistance payments in accordance
with the National School Lunch Act (42 U.S.C. 1751 et seq.).
(3) The Secretary may not consolidate any aspect of the school
lunch program or the school breakfast program with respect to any
matter described in any of subparagraphs (A) through (N) of section
12(l)(4) of the National School Lunch Act (42 U.S.C. 1760(l)(4)).
(c) Plan and Recommendations.--
(1) Plan for consolidation and simplification.--Not later than
180 days prior to implementing the regulations described in
subsection (a), the Secretary shall prepare and submit to the
Committee on Education and Labor of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate a plan for the consolidation and simplification of the
school lunch program and the school breakfast program.
(2) Recommendations with respect to change in payment
amounts.--If the Secretary proposes to change the amount of the
breakfast assistance payment or the food assistance payment under
the comprehensive meal program, the Secretary shall not include the
change in the consolidation and shall prepare and submit to the
Committee on Education and Labor, and the Committee on Agriculture,
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate recommendations for
legislation to effect the change.

a201b9ad891c3930af01b8655cb2dd7edc41da1bb62d9bcf17d8d3aa7ababee1

ESTABLISHMENTS AND CATERERS UNDER SCHOOL LUNCH PROGRAM
AND SCHOOL BREAKFAST PROGRAM.
(a) Study.--The Comptroller General of the United States, in
conjunction with the Director of the Office of Technology Assessment,
shall conduct a study on the use of private food establishments and
caterers by schools that participate in the school lunch program under
the National School Lunch Act (42 U.S.C. 1751 et seq.) or the school
breakfast program under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773). In conducting the study, the Comptroller General of
the United States shall--
(1) examine the extent to which, manner in which, and terms
under which the private food establishments and caterers supply
meals and food to students and schools that participate in the
school lunch program or the school breakfast program;
(2) determine the nutritional profile of all foods provided to
students during school hours;
(3) evaluate the impact that the services provided by the
establishments and caterers have on local child nutrition programs
and the ability of the establishments and caterers to utilize the
commodities under section 14 of the National School Lunch Act (42
U.S.C. 1762a); and
(4) examine the impact that private food establishments and
caterers have on--
(A) student participation in the national school lunch
program;
(B) school food service employment;
(C) generation of revenues through school lunch sales and a
la carte sales of food in schools; and
(D) the number of students leaving schools during lunch
periods.
(b) Report.--Not later than September 1, 1996, the Comptroller
General of the United States shall submit to the Committee on Education
and Labor, and the Committee on Agriculture, of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that contains the findings,
determinations, and evaluations of the study conducted pursuant to
subsection (a).

6f5dd08e70fb88a5a67c25eda9a503571dd17e4ea7bde38616b0480716d0a160

AMENDMENTS OF 1987.
Section 3(h)(3) of the Commodity Distribution Reform Act and WIC
Amendments of 1987 (Public Law 100-237; 7 U.S.C. 612c note) is
amended--
(1) by striking ``Hawaii,''; and
(2) by adding at the end the following new sentence: ``The
requirement established in paragraph (1) shall apply to recipient
agencies in Hawaii only with respect to the purchase of
pineapples.''.

5fb910e8257e5f4bac987d74e14e152a3d3ea4532afd274703713147cbc28732

FEDERALLY INSPECTED MEAT OR POULTRY.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the incidence and the effect of States restricting
or prohibiting a legally contracted commercial entity from physically
combining federally donated and inspected meat or poultry from another
State.
(b) Report.--Not later than September 1, 1996, the Comptroller
General of the United States shall submit to the Committee on Education
and Labor and the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes the findings,
determinations, and evaluations of the study conducted pursuant to
subsection (a).

5934089d957f8f06291914cefc71b4e5343b320560bac4eb30ccf2289ed7541d

Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall become effective on October 1, 1994.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

14be6fe6e45bdfbdb349b3bc50e2fd9733a4d040040bb90c0dcc46adabcaca64

Better Nutrition and Health for Children Act of 1994

Other Sections

TITLE I

TITLE III

TITLE IV

TITLE II

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