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. ...


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                                                       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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