Home > 105th Congressional Bills > H.R. 3874 (eh) To amend the National School Lunch Act and the Child Nutrition Act of ...

H.R. 3874 (eh) To amend the National School Lunch Act and the Child Nutrition Act of ...


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                  In the Senate of the United States,

                                                    September 17, 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
3874) entitled ``An Act to amend the National School Lunch Act and the 
Child Nutrition Act of 1966 to provide children with increased access 
to food and nutrition assistance, to simplify program operations and 
improve program management, to extend certain authorities contained in 
those Acts through fiscal year 2003, and for other purposes.'', do pass 
with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

               TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS

Sec. 101. Technical amendments to commodity provisions.
Sec. 102. Waiver of requirement for weighted averages for nutrient 
                            analysis.
Sec. 103. Requirement for food safety inspections.
Sec. 104. Elimination of administration of programs by regional 
                            offices.
Sec. 105. Special assistance.
Sec. 106. Adjustments to payment rates.
Sec. 107. Adjustments to reimbursement rates.
Sec. 108. Criminal penalties.
Sec. 109. Food and nutrition projects.
Sec. 110. Establishment of an adequate meal service period.
Sec. 111. Buy American.
Sec. 112. Procurement contracts.
Sec. 113. Summer food service program for children.
Sec. 114. Commodity distribution program.
Sec. 115. Child and adult care food program.
Sec. 116. Transfer of homeless assistance programs to child and adult 
                            care food program.
Sec. 117. Meal supplements for children in afterschool care.
Sec. 118. Pilot projects.
Sec. 119. Breakfast pilot projects.
Sec. 120. Training and technical assistance.
Sec. 121. Food service management institute.
Sec. 122. Compliance and accountability.
Sec. 123. Information clearinghouse.
Sec. 124. Refocusing of effort to help accommodate the special dietary 
                            needs of individuals with disabilities.

            TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS

Sec. 201. Elimination of administration of programs by regional 
                            offices.
Sec. 202. State administrative expenses.
Sec. 203. Special supplemental nutrition program for women, infants, 
                            and children.
Sec. 204. Nutrition education and training.

               TITLE III--COMMODITY DISTRIBUTION PROGRAMS

Sec. 301. Commodity distribution program reforms.
Sec. 302. Food distribution.

                        TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.

               TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS

SEC. 101. TECHNICAL AMENDMENTS TO COMMODITY PROVISIONS.

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

SEC. 102. WAIVER OF REQUIREMENT FOR WEIGHTED AVERAGES FOR NUTRIENT 
              ANALYSIS.

    Section 9(f) of the National School Lunch Act (42 U.S.C. 1758(f)) 
is amended by adding at the end the following:
            ``(5) Waiver of requirement for weighted averages for 
        nutrient analysis.--During the period ending on September 30, 
        2003, the Secretary shall not require the use of weighted 
        averages for nutrient analysis of menu items and foods offered 
        or served as part of a reimbursable meal under the school lunch 
        or school breakfast program.''.

SEC. 103. REQUIREMENT FOR FOOD SAFETY INSPECTIONS.

    Section 9 of the National School Lunch Act (42 U.S.C. 1758) is 
amended by adding at the end the following:
    ``(h) Food Safety Inspections.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        school participating in the school lunch program authorized 
        under this Act or the school breakfast program authorized under 
        section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) 
        shall, at least once during each school year, obtain a food 
        safety inspection conducted by a State or local governmental 
        agency responsible for food safety inspections.
            ``(2) Exception.--Paragraph (1) shall not apply to a school 
        if a food safety inspection of the school is required by a 
        State or local authority.''.

SEC. 104. ELIMINATION OF ADMINISTRATION OF PROGRAMS BY REGIONAL 
              OFFICES.

    (a) In General.--Section 10 of the National School Lunch Act (42 
U.S.C. 1759) is amended to read as follows:

``SEC. 10. DISBURSEMENT TO SCHOOLS BY THE SECRETARY.

    ``(a) Authority To Administer Programs.--
            ``(1) In general.--Except as provided in paragraph (3), 
        during the period determined under subsection (c), the 
        Secretary shall withhold funds payable to a State under this 
        Act and disburse the funds directly to school food authorities, 
        institutions, and service institutions within the State for the 
        purposes authorized by this Act to the extent that the 
        Secretary has so withheld and disbursed the funds continuously 
        since October 1, 1980.
            ``(2) Use of funds.--Any funds withheld and disbursed by 
        the Secretary under paragraph (1) shall be used for the same 
        purposes and be subject to the same conditions as apply to 
        disbursing funds made available to States under this Act.
            ``(3) State administration.--If the Secretary is 
        administering (in whole or in part) any program authorized 
        under this Act in a State, the State may, on request to the 
        Secretary, assume administrative responsibility for the program 
        at any time during the period determined under subsection (c).
    ``(b) Provision of Training and Technical Assistance.--During the 
period determined under subsection (c), the Secretary shall provide a 
State that assumes administrative responsibility for a program from the 
Secretary with training and technical assistance to allow for an 
efficient and effective transfer of the responsibility.
    ``(c) Period.--
            ``(1) In general.--Except as provided in paragraph (2), 
        this section shall apply during the period beginning on October 
        1, 1998, and ending on September 30, 2001.
            ``(2) Extension.--The Secretary may extend the period 
        described in paragraph (1) that applies to a program 
        administered by the Secretary for a State, for a period not to 
        exceed 2 years, if the State--
                    ``(A) demonstrates to the Secretary that the State 
                will not be able to assume administrative 
                responsibility for the program during the period 
                described in paragraph (1); and
                    ``(B) submits a plan to the Secretary that 
                describes when and how the State will assume 
                administrative responsibility for the program.''.
    (b) Conforming Amendments.--
            (1) Section 7(b) of the National School Lunch Act (42 
        U.S.C. 1756(b)) is amended in the second sentence by striking 
        ``No'' and inserting ``During the period determined under 
        section 10(c), no''.
            (2) Section 11(a)(1)(A) of the National School Lunch Act 
        (42 U.S.C. 1759a(a)(1)(A)) is amended by inserting after 
        ``section 10 of this Act'' the following: ``(during the period 
        determined under section 10(c))''.

SEC. 105. SPECIAL ASSISTANCE.

    Section 11(a)(1) of the National School Lunch Act (42 U.S.C. 
1759a(a)(1)) is amended--
            (1) in subparagraph (C)--
                    (A) in clause (i)(I), by striking ``3 successive 
                school years'' each place it appears and inserting ``4 
                successive school years''; and
                    (B) in clauses (ii) and (iii), by striking ``3-
                school-year period'' each place it appears and 
                inserting ``4-school-year period''; and
            (2) in subparagraph (D)--
                    (A) in clause (i)--
                            (i) by striking ``3-school-year period'' 
                        each place it appears and inserting ``4-school-
                        year period''; and
                            (ii) by striking ``2 school years'' and 
                        inserting ``4 school years'';
                    (B) in clause (ii)--
                            (i) by striking the first sentence; and
                            (ii) by striking ``5-school-year period'' 
                        each place it appears and inserting ``4-school-
                        year period''; and
                    (C) in clause (iii), by striking ``5-school-year 
                period'' and inserting ``4-school-year period''.

SEC. 106. ADJUSTMENTS TO PAYMENT RATES.

    (a) In General.--Section 11(a)(3)(B) of the National School Lunch 
Act (42 U.S.C. 1759a(a)(3)(B)) is amended--
            (1) by striking ``(B) The annual'' and inserting the 
        following:
                    ``(B) Computation of adjustment.--
                            ``(i) In general.--The annual'';
            (2) by striking ``Each annual'' and inserting the 
        following:
                            ``(ii) Basis.--Each annual'';
            (3) by striking ``The adjustments'' and inserting the 
        following:
                            ``(iii) Rounding.--
                                    ``(I) Through april 30, 1999.--For 
                                the period ending April 30, 1999, the 
                                adjustments''; and
            (4) by adding at the end the following:
                                    ``(II) May 1, 1999, through june 
                                30, 1999.--For the period beginning on 
                                May 1, 1999, and ending on June 30, 
                                1999, the national average payment 
                                rates for meals and supplements shall 
                                be adjusted to the nearest lower cent 
                                increment and shall be based on the 
                                unrounded amounts used to calculate the 
                                rates in effect on July 1, 1998.
                                    ``(III) July 1, 1999, and 
                                thereafter.--On July 1, 1999, and on 
                                each subsequent July 1, the national 
                                average payment rates for meals and 
                                supplements shall be adjusted to the 
                                nearest lower cent increment and shall 
                                be based on the unrounded amounts for 
                                the preceding 12-month period.''.
    (b) Conforming Amendments.--Section 4(b) of the Child Nutrition Act 
of 1966 (42 U.S.C. 1773(b)) is amended--
            (1) in the second sentence of paragraph (1)(B), by striking 
        ``adjusted to the nearest one-fourth cent,''; and
            (2) in paragraph (2)(B)(ii), by striking ``to the nearest 
        one-fourth cent''.

SEC. 107. ADJUSTMENTS TO REIMBURSEMENT RATES.

    Section 12 of the National School Lunch Act (42 U.S.C. 1760) is 
amended by striking subsection (f) and inserting the following:
    ``(f) Adjustments to Reimbursement Rates.--In providing assistance 
for breakfasts, lunches, suppers, and supplements served in Alaska, 
Hawaii, Guam, American Samoa, Puerto Rico, the Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands, the Secretary may 
establish appropriate adjustments for each such State to the national 
average payment rates prescribed under sections 4, 11, 13 and 17 of 
this Act and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
1773) to reflect the differences between the costs of providing meals 
in those States and the costs of providing meals in all other 
States.''.

SEC. 108. CRIMINAL PENALTIES.

    Section 12(g) of the National School Lunch Act (42 U.S.C. 1760(g)) 
is amended by striking ``$10,000'' and inserting ``$25,000''.

SEC. 109. FOOD AND NUTRITION PROJECTS.

    Section 12(m) of the National School Lunch Act (42 U.S.C. 1760(m)) 
is amended by striking ``1998'' each place it appears and inserting 
``2003''.

SEC. 110. ESTABLISHMENT OF AN ADEQUATE MEAL SERVICE PERIOD.

    Section 12 of the National School Lunch Act (42 U.S.C. 1760) is 
amended by adding at the end the following:
    ``(n) Length of Meal Service Period and Food Service Environment.--
A school participating in the school lunch program authorized under 
this Act or the school breakfast program authorized under section 4 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1773) is encouraged to 
establish meal service periods that provide children with adequate time 
to fully consume their meals in an environment that is conducive to 
eating the meals.''.

SEC. 111. BUY AMERICAN.

    Section 12 of the National School Lunch Act (42 U.S.C. 1760) (as 
amended by section 110) is amended by adding at the end the following:
    ``(o) Buy American.--
            ``(1) Definition of domestic commodity or product.--In this 
        subsection, the term `domestic commodity or product' means--
                    ``(A) an agricultural commodity that is produced in 
                the United States; and
                    ``(B) a food product that is processed in the 
                United States substantially using agricultural 

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