Home > 105th Congressional Bills > H.R. 3874 (rh) To amend the Child Nutrition Act of 1966 to make improvements to the special supplemental nutrition program for women, infants, and children and to extend the authority of that program through fiscal year 2003. ...H.R. 3874 (rh) To amend the Child Nutrition Act of 1966 to make improvements to the special supplemental nutrition program for women, infants, and children and to extend the authority of that program through fiscal year 2003. ...
Calendar No. 480
105th CONGRESS
2d Session
H. R. 3874
_______________________________________________________________________
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.
_______________________________________________________________________
July 21, 1998
Received; read twice and placed on the calendar
Calendar No. 480
105th CONGRESS
2d Session
H. R. 3874
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 1998
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To amend the National School Lunch Act and the Child Nutrition Act of
1966 to provide children with increased access to food and nutrition
assistance, to simplify program operations and improve program
management, to extend certain authorities contained in those Acts
through fiscal year 2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
TITLE I--AMENDMENTS TO THE NATIONAL SCHOOL LUNCH ACT
Sec. 101. Provision of commodities.
Sec. 102. Nutritional and other program requirements.
Sec. 103. Special assistance.
Sec. 104. Miscellaneous provisions and definitions.
Sec. 105. Summer food service program for children.
Sec. 106. Commodity distribution program.
Sec. 107. Child and adult care food program.
Sec. 108. Meal supplements for children in afterschool care.
Sec. 109. Universal free breakfast pilot projects.
Sec. 110. Training and technical assistance.
Sec. 111. Compliance and accountability.
Sec. 112. Information clearinghouse.
Sec. 113. Accommodation of the special dietary needs of individuals
with disabilities.
TITLE II--AMENDMENTS TO THE CHILD NUTRITION ACT OF 1966
Sec. 201. State administrative expenses.
Sec. 202. Special supplemental nutrition program for women, infants,
and children.
Sec. 203. Nutrition education and training program.
SEC. 2. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
October 1, 1998, or the date of the enactment of this Act, whichever
occurs later.-
TITLE I--AMENDMENTS TO THE NATIONAL SCHOOL LUNCH ACT
SEC. 101. PROVISION OF COMMODITIES.
Section 6 of the National School Lunch Act (42 U.S.C. 1755) is
amended--
(1) in subsection (b), by striking ``authorized under
subsection (c)'' and inserting ``required under subsections (c)
and (e)'';
(2) by striking subsections (c) and (d); and
(3) by redesignating subsections (e), (f), and (g) as
subsections (c), (d), and (e), respectively.
SEC. 102. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS.
(a) State or Local Health and 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) If the food service operations of a school participating in
the school lunch program under this Act or the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) are
not required by State or local law to undergo health and safety
inspections, then the school shall twice during each school year obtain
State or local health and safety inspections to ensure that meals
provided under such programs are prepared and served in a healthful and
safe environment.''.
(b) Single Permanent Agreements Between State Agencies and School
Food Authorities; Common Claiming Procedures.--Section 9 of such Act
(42 U.S.C. 1758), as amended by this Act, is further amended by adding
at the end the following:
``(i)(1) If a single State agency administers the school lunch
program under this Act, the school breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773), the summer food
service program for children under section 13 of this Act, or the child
and adult care food program under section 17 of this Act, then such
agency--
``(A) shall require each school food authority to submit a
single agreement with respect to the operation of such programs
by such authority; and
``(B) shall require a common claiming procedure with
respect to meals and supplements served under such programs.
``(2) The agreement described in paragraph (1)(A) shall be a
permanent agreement that may be amended as necessary.''.
SEC. 103. SPECIAL ASSISTANCE.
(a) School Eligibility Requirements for Payments.--Section 11(a)(1)
of the National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended--
(1) in subparagraph (C)--
(A) in clause (i)(I), by striking ``3 successive
school years'' each place it appears and inserting ``4
successive school years''; and
(B) in clauses (ii) and (iii), by striking ``3-
school-year period'' each place it appears and
inserting ``4-school-year period''; 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''.
(b) Adjustments to Payment Rates.--
(1) In general.--Section 11(a)(3)(B) of such Act (42 U.S.C.
1759a(a)(3)(B)) is amended--
(A) in the first sentence, by striking ``The
annual'' and inserting ``(i) The annual''; and
(B) in the third sentence--
(i) by striking ``The adjustments'' and
inserting the following:
``(ii) The adjustments''; and
(ii) by inserting ``through April 30,
1999,'' after ``under this paragraph''; and
(iii) by adding at the end the following:
``(iii) 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.
``(iv) For July 1, 1999, and 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
amount for the preceding 12-month period.''.
(2) Conforming amendments.--Section 4(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1773(b)) is amended--
(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. 104. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
(a) Adjustments to Reimbursement Rates for Certain States and
Territories.--Section 12(f) of the National School Lunch Act (42 U.S.C.
1760(f)) is amended--
(1) by striking ``school breakfasts and lunches'' and
inserting ``breakfasts, lunches, suppers, and supplements'';
(2) by striking ``sections 4 and 11'' and inserting
``sections 4, 11, 13, and 17''; and
(3) by striking ``lunches and breakfasts'' each place it
appears and inserting ``meals''.
(b) Buy American Requirement.--Section 12 of the National School
Lunch Act (42 U.S.C. 1760) is amended by adding at the end the
following:
``(n) Buy American Requirement.--
``(1) In general.--For purposes of providing meals under
the school lunch program under this Act or the school breakfast
program under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773), the Secretary shall require schools located in
the contiguous United States to purchase, to the extent
practicable, only food products that are produced in the United
States.
``(2) Additional requirement.--The requirement of paragraph
(1) shall also apply to recipient agencies in Hawaii only with
respect to food products that are grown in Hawaii in sufficient
quantities to meet the needs of meals provided under the school
lunch program under this Act or the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
``(3) Definition.--As used in this subsection, the term
`food products that are produced in the United States' means--
``(A) unmanufactured food products that are grown
or produced in the United States; and
``(B) manufactured food products that are
manufactured in the United States substantially from
agricultural products grown or produced in the United
States.''.
SEC. 105. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) Definition of Private Nonprofit Organizations.--Section
13(a)(7)(B) of the National School Lunch Act (42 U.S.C. 1761(a)(7)(B))
is amended--
(1) in clause (i), to read as follows:
``(i) operate not more than 25 sites, with not more than
300 children being served at any one site (or, with a waiver
granted by the State agency under standards developed by the
Secretary, not more than 500 children being served at any one
site);'';
(2) by striking clauses (ii) and (iii); and
(3) by redesignating clauses (iv), (v), (vi), and (vii) as
clauses (ii), (iii), (iv), and (v), respectively.
(b) Offer Versus Serve.--Section 13(f)(7) of such Act (42 U.S.C.
1761(f)(7)) is amended in the first sentence by striking ``attending a
site on school premises operated directly by the authority''.
(c) Food Service Management Companies.--
(1) Contracting for provision of meals or management of
program.--Section 13(l)(1) of such Act (42 U.S.C. 1761(l)(1))
is amended--
(A) in the first sentence--
(i) by striking ``(other than private
nonprofit organizations eligible under
subsection (a)(7))''; and
(ii) by striking ``only with food service
management companies registered with the State
in which they operate'' and inserting ``with
food service management companies''; and
(B) by striking the last sentence.
(2) Registration.--Section 13(l)(2) of such Act (42 U.S.C.
1761(l)(2)) is amended--
(A) in the first sentence of the matter preceding
subparagraph (A), by striking ``shall'' and inserting
``may''; and
(B) by striking all after the first sentence.
(3) Other provisions.--Section 13(l) of such Act (42 U.S.C.
1761(l)) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(d) Reauthorization of Program.--Section 13(q) of such Act (42
U.S.C. 1761(q)) is amended by striking ``1998'' and inserting ``2003''.
SEC. 106. COMMODITY DISTRIBUTION PROGRAM.
Section 14(a) of the National School Lunch Act (42 U.S.C. 1762a(a))
is amended in the matter preceding paragraph (1) by striking ``1998''
and inserting ``2003''.-
SEC. 107. CHILD AND ADULT CARE FOOD PROGRAM.
(a) Eligibility of Institutions.--Section 17(a)(1) of the National
School Lunch Act (42 U.S.C. 1766(a)(1)) is amended to read as follows:
``(1) an institution (except a school or family or group
day care home sponsoring organization) or family or group day
care home--
``(A)(i) shall be licensed, or otherwise have
approval, by the appropriate Federal, State, or local
licensing authority; or
``(ii) shall be in compliance with appropriate
procedures for renewing participation in the program,
as prescribed by the Secretary, unless the State has
information indicating that the institution or family
or group day care home's license will not be renewed;
``(B) if Federal, State, or local licensing or
approval is not available-----
``(i) shall meet any alternate approval
standards established by the appropriate State
or local governmental agency; or
``(ii) shall meet any alternate approval
standards established by the Secretary after
consultation with the Secretary of Health and
Human Services; or
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