,,ii ,calendar ,no4 #edg #aadth ,,congress #b;d ,session ,s4 #cacf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #f1 #bjaf,mr4 ,roberts1 from the ,committee on ,agriculture1 ,nutrition1 and ,forestry1 reported the following original bill2 which was read twice and placed on the calendar ,a ,,bill ,to reauthorize child nutrition programs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definition of ,secretary4,,title ,i--,national ,school ,lunch ,program,sec4 #aja4 ,apportionments to ,states4,sec4 #ajb4 ,repeal of nutrition promotion4,sec4 #ajc4 ,direct ,federal expenditures4,sec4 #ajd4 ,payments to ,states4,sec4 #aje4 ,nutritional and other program requirements4,sec4 #ajf4 ,miscellaneous provisions4,sec4 #ajg4 ,summer food service program for children4,sec4 #ajh4 ,commodity distribution program4,sec4 #aji4 ,child and adult care food program4,sec4 #aaj4 ,pilot projects4,sec4 #aaa4 ,fresh fruit and vegetable program4,sec4 #aab4 ,training and technical assistance4,sec4 #aac4 ,compliance and accountability4,sec4 #aad4 ,repeal of ,state childhood hunger challenge grants4,sec4 #aae4 ,duties of the ,secretary relating to nonprocurement debarment4,sec4 #aaf4 ,improvements to school lunch facilities4,,title ,,ii--,school breakfast program,sec4 #bja4 ,special milk program authorization4,sec4 #bjb4 ,nutritional and other program requirements4,sec4 #bjc4 ,state administrative expenses4,sec4 #bjd4 ,special supplemental nutrition program for women1 infants1 and children4,sec4 #bje4 ,team nutrition network4,,title ,,iii--,miscellaneous,sec4 #cja4 ,reviews4,sec4 #cjb4 ,program delivery4,sec4 #cjc4 ,product availability4,sec4 #cjd4 ,procurement4,sec4 #cje4 ,school ,nutrition ,advisory ,committee4,sec4 #cjf4 ,paperwork reduction4,sec4 #cjg4 ,technology4,sec4 #cjh4 ,program improvement4,sec4 #cji4 ,flexibility in school meal programs4,sec4 #caj4 ,technical corrections4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,agriculture4 ,i ,national ,school ,lunch ,program #aja4 ,apportionments to ,states ,section #d7;b7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agec7;b77 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking to each ,state educational agency and inserting to each authorized ,state agency2 7#b7 in paragraph 7#c7-- 7,a7 by striking subparagraph 7,a72 7,b7 by redesignating subparagraphs 7,b7 through 7,f7 as subparagraphs 7,a7 through 7,e71 respectively2 7,c7 in subparagraph 7,a7 7as so redesignated7-- 7i7 by striking ,beginning on and all that follows through the ,secretary and inserting ,the ,secretary2 and 7ii7 by striking subparagraph 7,d7 and inserting subparagraph 7,c72 7,d7 in clause 7i7 of subparagraph 7,b7 7as so redesignated71 by striking subparagraph 7,d7 and inserting subparagraph 7,c72 7,e7 in subparagraph 7,c7 7as so redesignated71 by striking subparagraph 7,a77ii7 and inserting section #i7;f72 7,f7 in subparagraph 7,d7 7as so redesignated71 by striking ,beginning on and all that follows through school food authorities and inserting ,school food authorities2 and 7,g7 in clause 7iii7 of subparagraph 7,e7 7as so redesignated7-- 7i7 in subclause 7,i71 by inserting 7as in effect on the day before the date of enactment of the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf7 after subparagraph 7,a77ii72 and 7ii7 by adding at the end the following3 7,,iii7 ,sunset ,the ,secretary shall return to the general fund of the ,treasury any funds that were-- 7aa7 made available under this subparagraph2 but 7bb7 not obligated by a ,state agency as of ,march #ca1 #bjaf4 2 and 7#c7 by adding at the end the following3 7#d7 ,announcements ,with respect to reimbursement rates described in this subsection1 the ,secretary shall announce the rates and1 to the maximum extent practicable1 any associated guidance by the ,february #ae of the school year prior to the school year when the rates and guidance will become effective4 4 #ajb4 ,repeal of nutrition promotion ,section #e of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #aged7 is repealed4 #ajc4 ,direct ,federal expenditures ,section #f of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agee7 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking 7c77#a77;,a7 ,the national average and all that follows through 7,d7 ,among those commodities and inserting the following3 7c7 ,calculation of total assistance 7#a7 ,national average value 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the national average value of donated foods1 or cash payments in lieu thereof1 shall be equal to the quotient obtained by dividing1 not later than ,february #ae of each year for the upcoming school year-- 7i7 the total funds available in the preceding school year under section #d1 this section1 and section #aa2 by 7ii7 the number of lunches served in the preceding school year4 7,b7 ,adjustment 7i7 ,in general ,the value determined under subparagraph 7,a7 shall be adjusted by the annual percentage change in a #c-month average value of the ,producer ,price ,index for ,foods ,used in ,schools and ,institutions for the preceding ,september1 ,october1 and ,november4 7ii7 ,requirement ,an adjustment under clause 7i7 shall be computed to the nearest cent4 7iii7 ,index 7,i7 ,in general ,the ,index shall be computed using #e major food components in the ,producer ,price ,index of the ,bureau of ,labor ,statistics 7cereal and bakery products1 meats1 poultry and fish1 dairy products1 processed fruits and vegetables1 and fats and oils74 7,,ii7 ,components ,each component described in subclause 7,i7 shall be weighted using the same relative weight as determined by the ,bureau of ,labor ,statistics4 7iv7 ,minimum amount of commodity assistance ,not less than #ab percent of the value adjusted in accordance with this subparagraph shall be provided in the form of commodity assistance4 7,c7 ,insufficient amounts ,if amounts available to carry out subparagraphs 7,a7 and 7,b7 are insufficient to meet the requirements of those subparagraphs for a school year1 the ,secretary shall1 to the extent necessary1 use the authority provided under section #ad7;a7 to meet the requirements for the school year4 7,d7 ,amount for each ,state ,for each school year1 the total commodity assistance or cash in lieu thereof available to a ,state for the school lunch program shall be equal to the product obtained by multiplying-- 7i7 the number of lunches served in the most recent school year for which data are available by ,february #ae2 by 7ii7 the rate determined under subparagraphs 7,a7 and 7,b74 7,e7 ,special emphasis ,among those commodities 2 and 7,b7 in paragraph 7#a71 by striking 7,e7 ,notwithstanding and inserting the following3 7,f7 ,minimum quantity of donated foods ,notwithstanding 2 7#b7 by striking subsection 7e72 and 7#c7 by redesignating subsection 7f7 as subsection 7e74 #ajd4 ,payments to ,states ,section #g7;a77#a7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agef7;a77#a77 is amended in the first sentence by striking ,state educational agencies each place it appears and inserting authorized ,state agencies4 #aje4 ,nutritional and other program requirements ,section #i of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7 is amended-- 7#a7 by striking the section designation and heading and all that follows through the end of paragraph 7#a7 of subsection 7a7 and inserting the following3 #i4 ,nutritional and other program requirements 7a7 ,requirements 7#a7 ,technical assistance and training ,the ,secretary shall provide-- 7,a7 technical assistance and training to schools participating in the school lunch program to assist the schools in complying with the nutritional requirements prescribed by the ,secretary pursuant to subsection 7f7 and in providing appropriate meals to children with medically certified special dietary needs2 and 7,b7 additional technical assistance to schools that are having difficulty maintaining compliance with the requirements4 2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by adding at the end the following3 7,d7 ,fluid milk 7i7 ,varieties available ,in determining the varieties of fluid milk made available in school meals and outside of reimbursable school meals1 the ,secretary shall-- 7,i7 consider the nutrient needs of children who may be at risk for inadequate intake of the recommended daily servings of milk and dairy products under the most recent ,dietary ,guidelines for ,americans published under section #cja of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij 7#g ,u4,s4,c4 #ecda7 7referred to in this subparagraph as the ,dietary ,guidelines72 and 7,,ii7 analyze milk consumption data and trends for school-aged children1 evaluating such information in comparison to the recommended servings of milk and dairy under the most recent ,dietary ,guidelines4 7ii7 ,review 7,i7 ,in general ,not later than #fj days after the date of enactment of this subparagraph1 the ,secretary shall begin a review to evaluate whether the current varieties of fluid milk made available in school meals and outside of reimbursable school meals-- 7aa7 have increased actual milk consumption in schools consistent with the number of servings recommended under the most recent ,dietary ,guidelines2 7bb7 have led to any significant decreases in consumption2 7cc7 align with the types1 containers and varieties of milk most commonly available in local1 regional1 and national markets2 and 7dd7 include all types of fluid milk that are consistent with the most recent ,dietary ,guidelines4 7,,ii7 ,revision ,not later than #fj days after completing the review described in subclause 7,i71 the ,secretary-- 7aa7 shall begin updating any applicable regulations as necessary2 and 7bb7 may issue any updates by means of an interim rule4 2 7,b7 by striking 7#d7 ,provision of information and all that follows through 7,c7 ,procurement and processing of food service products and commodities4--,the ,secretary and inserting the following3 7#d7 ,procurement and processing of food service products and commodities ,the ,secretary 2 and 7,c7 in paragraph 7#d7 7as so designated7-- 7i7 by redesignating clauses 7i7 through 7iii7 as subparagraphs 7,a7 through 7,c71 respectively1 and indenting appropriately2 and 7ii7 in subparagraph 7,b7 7as so redesignated7 by redesignating subclauses 7,i7 and 7,,ii7 as clauses 7i7 and 7ii71 respectively1 and indenting appropriately2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a71 in the first sentence-- 7i7 by striking ,june #a and inserting ,march #ca2 and 7ii7 by adding before the period at the end the following3 and1 to the maximum extent practicable1 release any associated guidance at the same time the income guidelines are prescribed2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 in the first sentence1 by striking each ,state educational agency and inserting the authorized ,state agency2 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by striking 1 and shall contain only the family size income levels for reduced price meal eligibility with the explanation that households with incomes less than or equal to these values would be eligible for free or reduced price lunches2 7,,ii7 in clause 7ii71 by inserting or reduced price after free2 and 7,,iii7 in clause 7iii77,i7-- 7aa7 in item 7aa71 by striking and at the end2 7bb7 in item 7bb71 by striking the period at the end and inserting 2 and2 and 7cc7 by adding at the end the following3 7cc7 individuals may report alleged fraud to a specified local or ,state entity1 or to the ,department of ,agriculture in a manner determined by the ,secretary4 2 7,c7 in paragraph 7#c7-- 7i7 by striking subparagraph 7,d7 and inserting the following3 7,d7 ,verification 7i7 ,standard verification of applications 7,i7 ,in general ,each school year1 each local educational agency shall verify eligibility of the children in a portion of the household applications approved for the school year by the local educational agency1 as of ,november #a of the school year1 as determined by the ,secretary in accordance with this subsection4 7,,ii7 ,sample size 7aa7 ,in general ,subject to subclause 7,v71 the portion for a local educational agency for a school year shall be equal to the lesser of-- 7,,aa7 #aj1jjj2 or 7,,bb7 #aj percent of approved household applications4 7bb7 ,calculation ,not later than ,july #a of each year1 the ,secretary shall calculate the sample size under this subparagraph for each local educational agency based on data from the #b most recent school years for which data are available4 7,,iii7 ,sample selection ,approved applications shall be selected for verification by the local educational agency based on the following3 7aa7 ,the household has submitted information in writing to the local educational agency that is inconsistent with the information on the household application4 7bb7 ,the information provided on the household application is consistent with a pattern of error or fraud documented by the local educational agency1 the ,state agency1 or the ,secretary4 7cc7 ,for not more than #a_/d of the sample1 the household application provides a case number 7in lieu of income information7 showing participation in-- 7,,aa7 the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 or 7,,bb7 a ,state program funded under the program of block grants to ,states for temporary assistance for needy families established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 that the ,secretary determines complies with standards established by the ,secretary that ensure that the standards under the ,state program are comparable to or more restrictive than those in effect on ,june #a1 #aiie4 7dd7 ,for not more than #a_/d of the sample1 but not less than #a percent of approved household applications1 the income information provided on the household application is close to the income limit for free or reduced price meals1 as defined by the ,secretary4 7ee7 ,such other criteria as are determined by the ,secretary4 7,,iv7 ,additional verification of applications 7aa7 ,in general ,if after completing verification under subclause 7,,iii71 the number of household applications that match the criteria described in that subclause is insufficient to meet the number of applications determined under subclause 7,,ii71 the local educational agency shall select additional applications 7including students directly certified as described in item 7bb77 at random from all students certified for free or reduced price meals that have not been selected1 as determined by the ,secretary4 7bb7 ,direct certification ,for purposes of this subclause1 a student who is directly certified shall be considered #a application4 7,v7 ,reduction in sample size 7aa7 ,definitions ,in this subclause3 7,,aa7 ,confirmation rate ,the term confirmation rate means the percentage of approved household applications and directly certified students selected by the local educational agency for verification under this subparagraph that had the level of benefits confirmed as a result of information obtained during the verification process1 including through direct verification4 7,,bb7 ,nonresponse rate ,the term nonresponse rate means the percentage of the approved household applications and directly certified students selected by the local educational agency for verification under this subparagraph for which verification information was not obtained4 7,,cc7 ,response rate ,the term response rate means the percentage of the approved household applications and directly certified students selected by the local educational agency for verification under this subparagraph for which verification information was obtained4 7bb7 ,reduction in case of high performance ,subject to the limitation described in item 7ee71 the sample under subclause 7,,ii7 shall be reduced by not more than the lesser of #d1jjj applications or #d percentage points if-- 7,,aa7 the confirmation rate for the preceding school year was more than #he percent2 or 7,,bb7 the ,state agency meets the required percentage described in paragraph 7#d77;,e77i74 7cc7 ,reduction in case of improved performance ,subject to the limitation described in item 7ee71 the sample under subclause 7,,ii7 shall be reduced by not more than the lesser of #b1jjj applications or #b percentage points for each of the following criteria that are met by the local educational agency3 7,,aa7 ,response rate ,for the preceding school year the response rate was more than #hj percent4 7,,bb7 ,response rate improvement ,the nonresponse rate was at least #aj percent below the nonresponse rate for the second preceding school year4 7,,cc7 ,direct certification rate ,the ,state agency achieves a combined direct certification rate for all methods of direct certification of more than #ij percent of the children in households receiving assistance under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 except if the local educational agency receives a reduction for high performance under item 7bb77,,bb74 7,,dd7 ,confirmation rate improvement ,the confirmation rate is #ajj percent or has increased by at least #e percent over the #b most recent school years for which data are available4 7dd7 ,reduction in sample in case of emergency ,the ,secretary shall reduce the sample of approved applications if the ,secretary determines1 after a request from the local educational agency1 that extraordinary circumstances warrant administrative relief in a manner determined by the ,secretary4 7ee7 ,limitation ,reductions under this subclause may not result in a sample of less than #c percent of approved applications4 7ii7 ,verification for cause ,in addition to conducting verification of a sample of applications as described in clause 7i71 a local educational agency may verify any household application at any point in the school year if the household application meets the criteria described in item 7aa7 or 7bb7 of clause 7i77,,iii7 or such other criteria as are determined by the ,secretary4 7iii7 ,compliance ,in conducting verification under this subparagraph1 a ,state agency or local educational agency shall not select applications in a manner that violates section #ab7l77#d77,m74 2 7ii7 in subparagraph 7,f7-- 7,i7 in clause 7i71 in the matter preceding subclause 7,i71 by striking may and inserting shall2 and 7,,ii7 by striking clauses 7iv7 and 7v7 and inserting the following3 7iv7 ,direct certification ,if eligibility for a household application is confirmed using direct verification1 the children in the household shall be considered directly certified4 2 7iii7 in subparagraph 7,g77i71 in the matter preceding subclause 7,i71 by striking written notice and inserting notice in the manner typically used by the local educational agency to communicate with families1 either written or by telephone12 7iv7 in subparagraph 7,h77i7-- 7,i7 in subclause 7,i71 by striking ,november and inserting ,december2 and 7,,ii7 in subclause 7,,ii71 by striking ,december and inserting ,january2 7v7 in subparagraph 7,k77i71 in the matter preceding subclause 7,i71 by striking data mining and inserting analyses of data2 and 7vi7 by adding at the end the following3 7,l7 ,enhanced verification methods 7i7 ,requirements 7,i7 ,in general ,the ,secretary shall direct local educational agencies to engage in alternative and enhanced methods of certification and verification to increase the effectiveness of the process1 reduce certification errors1 and produce more meaningful management information to facilitate local educational agency1 ,state1 and ,federal oversight with respect to program integrity in the school meal programs4 7,,ii7 ,best practices ,the ,secretary shall encourage local educational agencies to adopt proven best practices with regard to certification and verification4 7,,iii7 ,selection for implementation ,to the extent necessary to refine alternative certification or verification methods or assess the feasibility1 impact1 or efficacy of the methods prior to recommending the methods1 the ,secretary shall select local educational agencies to implement methods subject to clause 7iii74 7ii7 ,requirements ,the certification and verification methods shall-- 7,i7 meet such terms and conditions as the ,secretary considers appropriate2 and 7,,ii7 except as otherwise provided in this subparagraph1 be conducted in accordance with this subsection4 7iii7 ,selection criteria ,in selecting methods1 including methods for implementation under clause 7i77,,iii71 the ,secretary shall-- 7,i7 consider the degree to which the method would improve certification accuracy and program integrity within the school meal programs2 7,,ii7 consider whether there is evidence that the method could be replicated easily by other local educational agencies or political subdivisions2 7,,iii7 consider whether the method would increase the efficiency and effectiveness of the verification process2 7,,iv7 consider whether the local educational agency or ,state agency has a demonstrated capacity to undertake the method and to produce the data necessary to support the evaluation2 and 7,v7 ensure the methods implemented under clause 7i77,,iii7 are implemented across a range of geographical areas and ,states1 including rural and urban areas1 and1 when considered as a group1 allow for an assessment of a range of strategies regarding verification sample selection1 obtaining eligibility documentation1 and the entity conducting verification1 including strategies that-- 7aa7 use analyses of data1 particularly in large local educational agencies1 to develop algorithms to select error-prone applications for verification2 7bb7 use third-party data sources1 including governmental data and private wage data1 to confirm eligibility prior to conducting household verification under subparagraph 7,g72 7cc7 rely on alternative methods1 including message testing1 of communicating with households to assess which methods most effectively result in household responses2 7dd7 rely on agencies or organizations other than the local educational agency to conduct verification1 including the ,state agency or a ,state health and human services agency2 and 7ee7 could reduce the administrative burden of conducting verification for a consortia of local educational agencies1 including shared online applications and shared verification procedures4 7iv7 ,report to ,congress ,not later than #c years after the date of enactment of this subparagraph1 the ,secretary shall-- 7,i7 conduct an evaluation of the extent to which changes to standard verification and the alternative methods-- 7aa7 reduce certification error2 7bb7 result in eligible children losing free or reduced price meal benefits2 7cc7 result in obtaining eligibility information from a greater share of households selected for verification2 7dd7 result in changes to the administrative costs associated with verification2 and 7ee7 would benefit from or require ,federal or ,state management1 such as contracting with third-party data already obtained and used by the ,federal ,government for #a or more other programs2 and 7,,ii7 submit to ,congress a report describing the progress made in implementing this subparagraph4 7v7 ,expansion 7,i7 ,in general ,if the ,secretary determines that #a or more methods meet the criteria described in subclause 7,,ii71 the ,secretary may require such a method to be implemented by additional ,states or local educational agencies4 7,,ii7 ,criteria ,the criteria referred to in subclause 7,i7 are that-- 7aa7 the method substantially reduces certification error without impeding access or certification of eligible children for free or reduced price meal benefits2 and 7bb7 the administrative cost of the method can be absorbed within existing ,federal reimbursements without compromising compliance with other ,federal requirements4 2 7,d7 in paragraph 7#d7-- 7i7 in subparagraph 7,c7-- 7,i7 by striking ,subject to paragraph 7#f7 and inserting the following3 7i7 ,in general ,subject to paragraph 7#f7 2 and 7,,ii7 by adding at the end the following3 7ii7 ,data ,the ,secretary shall1 in consultation with ,state agencies1 develop and provide a common format to be used by the ,state agency for any data related to direct certification4 2 7ii7 in subparagraph 7,d71 by striking applies to-- and all that follows through in the case in clause 7iii7 and inserting applies to1 in the case2 7iii7 by striking subparagraph 7,e72 7iv7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,e7 and 7,f71 respectively2 and 7v7 in subparagraph 7,e7 7as so redesignated7-- 7,i7 in clause 7i71 by striking means-- and all that follows through for the school year in subclause 7,,iii7 and inserting means1 for the school year2 7,,ii7 in clause 7ii7-- 7aa7 in subclause 7,,ii71 by striking and at the end2 7bb7 in subclause 7,,iii71 by striking the period at the end and inserting 2 and and 7cc7 by adding at the end the following3 7,,iv7 include in the report required under section #dcja of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#db ,u4,s4,c4 #ageh;a71 a description of technical assistance provided to and progress of ,states identified under subclause 7,i7 toward implementing the measures and meeting the goals established by the ,state as required under clause 7iii77,,ii74 2 and 7,,iii7 in clause 7iii77,,ii77bb71 by inserting within #c school years after those measures2 7,e7 in paragraph 7#ae7-- 7i7 in subparagraph 7,b77i71 by striking section #i7;b77#a77;,a7 of this ,act and inserting paragraph 7#a77;,a72 and 7ii7 in subparagraphs 7,c77ii7 and 7,d71 by striking paragraph 7#d77;,g7 both places it appears and inserting paragraph 7#d77;,f72 and 7,f7 by adding at the end the following3 7#af7 ,data exchange standards for improved interoperability 7,a7 ,designation ,the ,secretary shall1 in consultation with an interagency work group established by the ,director of the ,office of ,management and ,budget1 and considering ,state government perspectives1 designate data exchange standards to govern1 under this ,act-- 7i7 necessary categories of information that ,state agencies operating related programs are required under applicable law to electronically exchange with another ,state or local agency2 and 7ii7 ,federal reporting and data exchange required under applicable law4 7,b7 ,requirements ,the data exchange standards required by paragraph 7#a7 shall1 to the maximum extent practicable-- 7i7 incorporate a widely accepted1 nonproprietary1 searchable1 computer-readable format2 7ii7 contain interoperable standards developed and maintained by intergovernmental partnerships1 such as the ,national ,information ,exchange ,model2 7iii7 incorporate interoperable standards developed and maintained by ,federal entities with authority over contracting and financial assistance2 7iv7 be consistent with and implement applicable accounting principles2 7v7 be implemented in a manner that is cost-effective and improves program efficiency and effectiveness2 and 7vi7 be capable of being continually upgraded as necessary4 7,c7 ,rules of construction ,nothing in this paragraph requires a change to existing data exchange standards for ,federal reporting found to be effective and efficient4 7,d7 ,application date 7i7 ,in general ,not later than #b years after the date of enactment of this paragraph1 the ,secretary shall issue a proposed rule to carry out this paragraph4 7ii7 ,requirements ,the rule shall-- 7,i7 identify federally required data exchanges2 7,,ii7 include specification and timing of exchanges to be standardized2 7,,iii7 address the factors used in determining whether and when to standardize data exchanges2 7,,iv7 specify ,state implementation options2 and 7,v7 describe future milestones4 2 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking and at the end2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,c7 meet minimum nutritional requirements prescribed by the ,secretary on the basis of tested nutritional research1 except that the minimum nutritional requirements-- 7i7 may not prohibit the substitution of foods to accommodate the medical or other special dietary needs of individual students2 and 7ii7 shall1 at a minimum1 be based on the weekly average of the nutrient content of school lunches4 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and indenting the subclauses appropriately2 7ii7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting the clauses appropriately2 7iii7 by striking 7#b7 ,to assist and inserting the following3 7#b7 ,provision of information to schools 7,a7 ,in general ,in accordance with subparagraph 7,b71 to assist 2 and 7iv7 by adding at the end the following3 7,b7 ,recommendations for increased consumption 7i7 ,guidance ,prior to the beginning of the school year beginning ,july #bjjd1 the ,secretary shall issue guidance to ,states and school food authorities to increase the consumption of foods and food ingredients that are recommended for increased serving consumption in the most recent ,dietary ,guidelines for ,americans published under section #cja of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij 7#g ,u4,s4,c4 #ecda74 7ii7 ,rules ,not later than #b years after the date of enactment of the ,child ,nutrition and ,,wic ,reauthorization ,act of #bjjd 7,public ,law #ajh-bfe71 the ,secretary shall promulgate rules1 based on the most recent ,dietary ,guidelines for ,americans1 that reflect specific recommendations1 expressed in serving recommendations1 for increased consumption of foods and food ingredients offered in school nutrition programs under this ,act and the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq474 2 and 7,c7 by adding at the end the following3 7#e7 ,regulations 7,a7 ,proposed regulations ,not later than #ah months after the date of enactment of the ,healthy1 ,hunger-,free ,kids ,act of #bjaj 7,public ,law #aaa-bif71 the ,secretary shall promulgate proposed regulations to update the meal patterns and nutrition standards for the school lunch program authorized under this ,act and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc7 based on recommendations made by the ,food and ,nutrition ,board of the ,national ,research ,council of the ,national ,academy of ,sciences4 7,b7 ,interim or final regulations 7i7 ,in general ,not later than #ah months after the date of promulgation of the proposed regulations under subparagraph 7,a71 the ,secretary shall promulgate interim or final regulations4 7ii7 ,date of required compliance ,the ,secretary shall establish in the interim or final regulations a date by which all school food authorities participating in the school lunch program authorized under this ,act and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc7 are required to comply with the meal pattern and nutrition standards established in the interim or final regulations4 7,c7 ,report to ,congress ,not later than #ij days after the date of enactment of the ,healthy1 ,hunger-,free ,kids ,act of #bjaj 7,public ,law #aaa-bif71 and every #ij days thereafter until the date on which the ,secretary has promulgated interim or final regulations under subparagraph 7,b71 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a quarterly report on progress made toward promulgation of the regulations described in this paragraph4 2 7#e7 by striking subsections 7g7 and 7k72 7#f7 by redesignating subsections 7h71 7i71 7j71 and 7l7 as subsections 7g71 7h71 7i71 and 7j71 respectively2 and 7#g7 in subsection 7g7 7as so redesignated71 by striking #bjae each place it appears in paragraphs 7#c7 and 7#d7 and inserting #bjbj4 #ajf4 ,miscellaneous provisions ,section #ab of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7 is amended-- 7#a7 in subsection 7m77#d71 by striking #bjae and inserting #bjbj2 7#b7 in subsection 7o7-- 7,a7 by striking ,in acquiring and inserting the following3 7#a7 ,in general ,in acquiring 2 and 7,b7 by adding at the end the following3 7#b7 ,requirement ,a ,state1 ,state agency1 school1 or school food authority shall ensure that a procurement contract described in paragraph 7#a7 and any related documents contain a ,buy ,american requirement as described in subsection 7n74 2 7#c7 by striking subsection 7p7 and inserting the following3 7p7 ,non-,federal revenue 7#a7 ,definitions ,in this subsection3 7,a7 ,base school year ,the term base school year means the school year beginning on ,july #a1 #bjaf1 or the first school year in which a new local educational agency operates1 and each fifth subsequent school year4 7,b7 ,paid ,the term paid1 with respect to a breakfast or lunch1 means a reimbursable breakfast or lunch served to a student who is not certified to receive free or reduced price meals4 7#b7 ,accounting required ,beginning on ,july #a1 #bjaf1 each local educational agency shall take the steps necessary to comply with this subsection for the applicable base school year4 7#c7 ,meeting non-,federal revenue target ,if the amount of non-,federal revenues contributed to the nonprofit school food service account during the base school year equaled or exceeded the target amount calculated under paragraph 7#e71 no additional non-,federal revenue is required4 7#d7 ,not meeting non-,federal revenue target ,if the amount of non-,federal revenues contributed to the nonprofit school food service account during the base school year was less than the target amount calculated under paragraph 7#e71 the local educational agency shall contribute additional non-,federal revenues to the nonprofit school food service account in accordance with paragraph 7#h74 7#e7 ,non-,federal revenue target ,the non-,federal revenue target shall be equal to the product obtained by multiplying-- 7,a7 the number of paid lunches served during the base school year at schools not currently operating a meals program under which all students receive free meals1 as determined by the ,secretary2 and 7,b7 an amount equal to the difference between1 during the base school year-- 7i7 the total ,federal reimbursement for a free lunch2 and 7ii7 the total ,federal reimbursement for a paid lunch4 7#f7 ,non-,federal revenue criteria ,for the purposes of this subsection1 non-,federal revenues include1 as determined by the ,secretary-- 7,a7 ,state or local funds 7other than unquantified in-kind contributions7 contributed to the nonprofit school food service account to support the provision of paid lunches or breakfasts2 7,b7 ,state or local in-kind contributions that have been converted to direct cash expenditures2 7,c7 funds contributed by a foundation or other private entity to the nonprofit school food service account to support the provision of paid lunches or breakfasts2 7,d7 the revenue provided by the sale of nonprogram foods if the local educational agency demonstrates that the revenue exceeds the costs associated with obtaining1 preparing1 and serving nonprogram foods2 and 7,e7 fees collected from households for paid lunches4 7#g7 ,non-,federal revenue gap ,the non-,federal revenue gap equals the amount by which the non-,federal revenue target exceeded the amount of non-,federal revenues contributed to the nonprofit school food service account during the base school year4 7#h7 ,additional non-,federal revenues ,local educational agencies that did not meet the non-,federal revenue target in the base school year shall be required to contribute additional non-,federal revenues to the nonprofit school food service account annually in an amount sufficient to close the non-,federal revenue gap by an annual average of #aj percent over a #e-year period1 as determined by the ,secretary4 7#i7 ,implementation ,the ,secretary shall establish procedures to carry out this subsection4 7#aj7 ,exemptions ,a ,state agency may exempt a local educational agency from the requirement of paragraph 7#d7 if-- 7,a7 the local educational agency-- 7i7 has been certified for additional reimbursement under section #d7;b77#c77;,b72 and 7ii7 is able to demonstrate that a monthly share of the additional contribution would cause the funds in the nonprofit school food service account to exceed #c months of operating funds2 and 7,b7 the ,state agency considers whether there are other necessary or appropriate uses for the funds in the nonprofit school food service account4 2 7#d7 by striking subsection 7q72 and 7#e7 by redesignating subsection 7r7 as subsection 7q74 #ajg4 ,summer food service program for children ,section #ac of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#h7 and inserting the following3 7#h7 ,streamlining 7,a7 ,seamless summer option ,except as otherwise determined by the ,secretary1 a service institution that is a public or private nonprofit school food authority may provide summer or school vacation food service in accordance with applicable provisions of law governing the school lunch program established under this ,act or the school breakfast program established under the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq474 7,b7 ,summer and at-risk transition option 7i7 ,in general ,notwithstanding subsections 7b77#b7 and 7c77#a71 a service institution described in paragraph 7#f7 or 7#g71 other than a public school1 may be reimbursed for-- 7,i7 lunch and either breakfast or a meal supplement served during each day of operation during the months of ,may through ,september1 except-- 7aa7 in the case of a service institution that operates a food service program for children on school vacation1 at any time under a continuous school calendar2 and 7bb7 in the case of a service institution that provides meal service at a non-school site to children who are not in school for a period during the school year due to a natural disaster1 building repair1 court order1 or similar cause1 at any time during that period2 and 7,,ii7 up to #a meal and #a supplement served during each day of operation outside of school hours1 including after school1 weekends1 and school holidays during the regular school calendar4 7ii7 ,reimbursement 7,i7 ,in general ,the ,secretary shall reimburse service institutions seeking reimbursement under this subparagraph at a rate that is consistent with subsection 7b74 7,,ii7 ,minimum days required ,to be eligible for reimbursement under this subparagraph1 a service institution shall be required to provide meals to eligible children on-- 7aa7 at least #bj days during the months of ,may through ,september2 or 7bb7 at least #bj days during school vacations in areas that operate under a continuous school calendar4 7iii7 ,administrative funds ,administrative funds for ,state agencies and sponsors shall be delivered in the manner described in-- 7,i7 for service institutions1 subsection 7b77#c77;,b77ii72 and 7,,ii7 for ,state agencies1 subsection 7k77#a74 7iv7 ,limitation 7,i7 ,in general ,the ,secretary shall limit reimbursement under this subparagraph to meals served-- 7aa7 beginning on ,october #a1 #bjag1 in #g ,states2 7bb7 beginning on ,october #a1 #bjah1 in #c additional ,states2 7cc7 beginning on ,october #a1 #bjai1 in #b additional ,states2 and 7dd7 beginning on ,october #a1 #bjbj1 and each fiscal year thereafter1 in #a additional ,state4 7,,ii7 ,selection ,in carrying out subclause 7,i71 the ,secretary shall select ,states that-- 7aa7 in the case of item 7aa71 have-- 7,,aa7 the lowest rates of participation in the program authorized under this section2 and 7,,bb7 have not yet completed implementation of an electronic benefits transfer system under section #ag7;h77#ab7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7;h77#ab772 and 7bb7 in the case of items 7bb7 through 7dd7-- 7,,aa7 have the lowest rates of participation in each region in which the program is authorized under this section2 or 7,,bb7 for which the ,state agency administering the program under this section is not the same ,state agency that administers the program authorized under section #ag4 7,,iii7 ,geographic distribution ,in carrying out subclause 7,i71 the ,secretary shall1 to the maximum extent practicable1 ensure equitable geographic distribution of ,states selected to participate in the option authorized under this subparagraph4 2 7,b7 by striking paragraphs 7#i7 and 7#ab72 7,c7 by redesignating paragraphs 7#aj7 and 7#aa7 as paragraphs 7#i7 and 7#aj71 respectively2 and 7,d7 by adding at the end the following3 7#aa7 ,special elections 7,a7 ,electronic benefit transfer election 7i7 ,definition of eligible household ,in this subparagraph1 the term eligible household means a household that includes #a or more children who are eligible to receive free or reduced price school meals4 7ii7 ,election ,subject to the limit described in clause 7vii71 a ,state may elect1 beginning in fiscal year #bjah1 to issue benefits to eligible households in areas described in clause 7vi7 through an electronic benefit transfer card4 7iii7 ,purpose ,the purposes of the election described in clause 7ii7 are-- 7,i7 to increase program effectiveness and efficiency2 7,,ii7 to reduce or eliminate the food insecurity and hunger of children2 and 7,,iii7 to improve the nutritional status of children4 7iv7 ,amount 7,i7 ,in general ,subject to subclauses 7,,ii7 and 7,,iii71 the value of an electronic benefit transfer card under this subparagraph shall be #cj per month for each child eligible to receive free or reduced price school meals in an eligible household4 7,,ii7 ,annual limitation ,no child may receive more than #c months of benefits under this subparagraph in any #ab-month period4 7,,iii7 ,adjustment ,each ,january #a1 the ,secretary shall adjust the value described in subclause 7,i7 by the same percentage as the adjustment made under subsection 7b77#a77;,b74 7v7 ,use of benefits 7,i7 ,in general ,benefits issued through the election described in this subparagraph may be used only for the purchase of food-- 7aa7 consistent with section #ag7;f77#aa7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7;f77#aa771 with additions made available as determined by the ,secretary in accordance with subsection 7f77#a7 of this section2 and 7bb7 subject to subclause 7,,iii71 from retail stores approved for participation in the special supplemental nutrition program for women1 infants1 and children authorized under that section4 7,,ii7 ,timing ,benefits issued through the election described in this subparagraph may be used only-- 7aa7 when school is out of session for the summer period2 and 7bb7 in the case of a local educational agency operating under a continuous school calendar1 during the school vacations occurring in the months of ,may through ,september1 as defined by the ,secretary4 7,,iii7 ,program access ,if there are an insufficient number of retail stores described in subclause 7,i77bb7 in an area to allow for reasonable access to the program1 the ,secretary shall authorize other similar retail stores that meet such criteria as may be determined by the ,secretary for the sole purpose of redeeming benefits through the election described in this subparagraph4 7vi7 ,administration ,in administering the election described in this subparagraph1 the ,secretary shall ensure that-- 7,i7 benefits are issued only to eligible households that live-- 7aa7 in areas with high rates of poverty or long-term poverty that-- 7,,aa7 are rural and have no congregate feeding sites2 or 7,,bb7 have limited access to meals otherwise provided through the program authorized under this section2 or 7bb7 outside an area in which poor economic conditions exist but in an area that has limited access to meals otherwise provided through the program authorized under this section2 7,,ii7 benefits are issued to households only after that household has made an oral or written request to receive benefits through an electronic benefit transfer2 7,,iii7 each ,state documents how the election will be administered in the management and administration plan described in subsection 7n71 including-- 7aa7 the process for identifying areas in which benefits will be issued2 and 7bb7 the process for prioritizing the issuance of benefits within the limit described in clause 7vii72 and 7,,iv7 the election is made only by a ,state that is in compliance with section #ag7;h77#ab77;,b7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7;h77#ab77;,b774 7vii7 ,numbers of children served 7,i7 ,in general ,in issuing benefits through the election described in this subparagraph1 the ,secretary may not serve-- 7aa7 in fiscal year #bjah1 more than #bce1jjj children2 7bb7 in fiscal year #bjai1 more than #bfj1jjj children2 and 7cc7 in fiscal year #bjbj1 and each fiscal year thereafter1 more than #bhe1jjj children4 7,,ii7 ,state allocations ,when determining allocations among the ,states of the numbers of children served as described in subclause 7,i71 the ,secretary shall-- 7aa7 review the management and administration plans described in subsection 7n72 and 7bb7 ensure that the total number of children served does not exceed the levels described in subclause 7,i74 7viii7 ,authorization of appropriations ,in addition to funds otherwise made available and subject to the availability of appropriations provided in advance in an appropriations ,act specifically for the purpose of serving additional children above the limits described in clause 7vii77,i71 there is authorized to be appropriated to carry out this subparagraph #ej1jjj1jjj for each of fiscal years #bjah through #bjbj1 to remain available until expended4 7ix7 ,regulations ,not later than ,december #ca1 #bjaf1 the ,secretary shall promulgate regulations1 with an opportunity for notice and comment1 to implement this subparagraph1 including criteria for ,states to use in prioritizing the issuance of benefits within the limit described in clause 7vii74 7,b7 ,off-site consumption election 7i7 ,in general ,beginning in summer #bjag1 a ,state may elect for service institutions in the ,state to provide summer food service program meals for children eligible to participate in the program to consume off-site4 7ii7 ,availability ,the election described in clause 7i7 shall be available only when the children being served live in-- 7,i7 a rural area1 as defined by the ,secretary2 or 7,,ii7 an area-- 7aa7 that is not rural2 and 7bb7 in which more than #hj percent of students are certified as eligible for free or reduced price meals4 7iii7 ,administration 7,i7 ,in general ,in administering this subparagraph1 the ,secretary shall-- 7aa7 ensure that-- 7,,aa7 the number of meals served to each child in a single meal service is limited to #b meals2 7,,bb7 any meal served meets the same standards for safety and quality as a meal served at a congregate feeding site2 7,,cc7 any meal in which a component is offered but not served is not reimbursed under subsection 7b72 and 7,,dd7 each ,state gives priority to children who are living in areas in which congregate feeding sites are not accessible1 as determined by the ,secretary2 7bb7 prohibit a ,state from making an election for off-site consumption simultaneously in the same area with an electronic benefit transfer election described in subparagraph 7,a7 or a congregate feeding site2 and 7cc7 permit a ,state to make an election for off-site consumption in some or all eligible areas in the ,state4 7,,ii7 ,state plan ,each ,state making an election under this subparagraph shall describe the manner in which the ,state plans to operate the program under the election in the management and administration plan described in subsection 7n74 7,,iii7 ,regulations ,not later than ,december #ca1 #bjaf1 the ,secretary shall promulgate regulations1 with an opportunity for notice and comment1 to implement this subparagraph1 which shall include requirements for-- 7aa7 documentation of program operation once an election has been made in the ,state management and administration plan described in subsection 7n72 7bb7 selecting eligible areas and eligible service institutions to most effectively deliver summer food service program meals under the election2 7cc7 designing mechanisms by which households with children eligible to participate in the program can indicate a need for meals to be consumed off-site2 7dd7 developing an appropriate maintenance of effort requirement for service institutions currently operating feeding sites2 and 7ee7 implementing security measures to ensure that when an election for off-site consumption is made1 the safety of participants is equivalent to security at a congregate feeding site4 7#ab7 ,allowance for off-site consumption 7,a7 ,in general ,beginning in summer #bjaf1 the ,secretary shall grant a request made by a ,state to allow children participating in the program to consume meals off-site when the program is available to the child at a congregate feeding site but-- 7i7 the site is closed due to extreme weather conditions2 7ii7 violence or other public safety concerns in the area temporarily prevent children from traveling safely to the site2 or 7iii7 other emergency circumstances1 as defined by the ,secretary1 prevent access to the site4 7,b7 ,limitations ,in granting a request under subparagraph 7,a71 the ,secretary shall ensure that-- 7i7 allowances are issued by a ,state only between the months of ,may through ,september2 and 7ii7 once an allowance is issued1 any meal in which a component is offered but not served is not reimbursed under subsection 7b74 7,c7 ,administration 7i7 ,state plan ,as part of the management and administration plan described in subsection 7n71 a ,state shall describe-- 7,i7 the approval process the ,state would undertake to issue an allowance2 7,,ii7 standards for what circumstances merit an allowance1 the duration of an allowance1 and when an allowance may be extended2 and 7,,iii7 how the program would operate after an allowance is issued4 7ii7 ,guidance ,not later than #de days after the date of enactment of this paragraph1 the ,secretary shall issue guidance for ,states to use in issuing allowances under this paragraph during the period beginning on ,may #a1 #bjaf1 and ending on ,september #cj1 #bjaf4 7iii7 ,regulations ,not later than ,december #ca1 #bjaf1 the ,secretary shall promulgate regulations1 with an opportunity for notice and comment1 to implement this paragraph4 2 7#b7 in subsection 7b77#b7-- 7,a7 by striking 7,a7 and inserting 7i72 7,b7 by striking 7,b7 and inserting 7ii72 7,c7 by striking 7#b7 ,any and inserting the following3 7#b7 ,number of meals served 7,a7 ,in general ,any 2 and 7,d7 by adding at the end the following3 7,b7 ,pilot project 7i7 ,in general ,subject to the availability of appropriations provided in advance in an appropriations ,act specifically for the purpose of carrying out this section1 the ,secretary shall award grants on a competitive basis to not more than #f ,state agencies to carry out a pilot project to provide eligible service institutions payments under the program for serving #c meals1 or #b meals and #a supplement1 during each day of operation4 7ii7 ,eligible service institution ,a service institution is eligible to participate in the pilot project under this subparagraph if the service institution meets the requirements of clauses 7i7 and 7ii7 of subparagraph 7,a71 but is not a camp and does not serve meals primarily to migrant children4 7iii7 ,priority ,in awarding grants under this subparagraph1 the ,secretary shall give priority to ,state agencies that have committed resources or developed a plan to effectively address childhood food insecurity4 7iv7 ,authorization of ,appropriations ,there is authorized to be appropriated for additional meals and commodities authorized under this subparagraph and associated administrative costs #aj1jjj1jjj for the period of fiscal years #bjaf through #bjbj4 2 7#c7 in subsection 7k77#c71 by striking #a percent and inserting #b percent2 7#d7 by striking subsection 7n7 and inserting the following3 7n7 ,state plan ,each ,state desiring to participate in the program shall-- 7#a7 not later than ,january #a of each year1 notify the ,secretary of the intent of the ,state to administer the program2 and 7#b7 not later than ,february #ae of each year1 submit for approval a management and administration plan for the program for the fiscal year1 which shall include-- 7,a7 the administrative budget of the ,state for the fiscal year1 and the plans of the ,state to comply with any standards prescribed by the ,secretary under subsection 7k72 and 7,b7 the plans of the ,state for-- 7i7 the use of program funds and funds from within the ,state to the maximum extent practicable to reach needy children2 7ii7 strengthening the congregate feeding model for program delivery1 including the process for identifying gaps in service and barriers to access and plans for using the special elections and allowance described in subsection 7b7 to assist service institutions in reaching needy children2 7iii7 providing technical assistance and training eligible service institutions2 7iv7 monitoring and inspecting service institutions1 feeding sites1 and food service management companies and ensuring that those companies do not enter into contracts for more meals than the companies can provide effectively and efficiently2 7v7 timely and effective action against program violators2 and 7vi7 ensuring fiscal integrity by auditing service institutions not subject to auditing requirements prescribed by the ,secretary4 2 7#e7 in subsection 7r71 by striking #bjae and inserting #bjbj2 and 7#f7 by adding at the end the following3 7s7 ,research projects 7#a7 ,in general ,subject to the availability of appropriations provided in advance in an appropriations ,act specifically for the purpose of carrying out this subsection1 the ,secretary shall carry out research projects in not more than #bj ,states with the lowest participation rates in the program authorized by this section4 7#b7 ,purpose ,the research projects described in paragraph 7#a7 shall be designed to gather information regarding-- 7,a7 participation by low-income families and children2 7,b7 involvement by nonprofit organizations in the program2 7,c7 private investment2 and 7,d7 social and behavioral change by participants4 7#c7 ,scope ,research projects conducted under this subsection shall-- 7,a7 study barriers and factors that enable participation in the program by eligible children2 7,b7 test new methods regarding program participation and behavioral change by program participants2 and 7,c7 measure the changes in program participation and behavior by program participants attributable to the methods described in subparagraph 7,b74 7#d7 ,cooperative agreements 7,a7 ,in general ,to carry out the research projects described in paragraph 7#a71 the ,secretary shall enter into cooperative agreements with food security and nutrition stakeholders1 including-- 7i7 nonprofit organizations2 7ii7 institutions of higher education2 7iii7 ,state agencies2 7iv7 ,indian tribal organizations2 and 7v7 corporations4 7,b7 ,duties ,under the terms of a cooperative agreement entered into under subparagraph 7,a71 a stakeholder shall agree-- 7i7 to conduct research on barriers and factors at the local level that enable participation in the program1 using a variety of research methods2 7ii7 to disseminate findings from the research in a manner that will improve the efficiency and effectiveness of the program2 and 7iii7 if relevant1 to disseminate findings from research in other scientific literature about methods to increase program participation and change behavior by program participants4 7,c7 ,partnerships ,the ,secretary shall ensure that any cooperative agreement includes at least #d different stakeholders described in subparagraph 7,a74 7,d7 ,term ,a cooperative agreement entered into under this subsection shall be for a term of-- 7i7 not less than #a year2 but 7ii7 not more than #c years4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj4 4 #ajh4 ,commodity distribution program ,section #ad of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfb;a7 is amended-- 7#a7 in subsection 7f71 in the third sentence-- 7,a7 by striking section #i7;a7 of this ,act and inserting section #i7;f72 and 7,b7 by striking represent the four basic food groups1 including and inserting include2 and 7#b7 by striking subsection 7h74 #aji4 ,child and adult care food program 7a7 ,in general ,section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking if and inserting if1 during the month preceding the date of submission of the applicable application2 7ii7 in subparagraph 7,e71 by striking and at the end2 7iii7 in subparagraph 7,f71 by striking the period at the end and inserting a semicolon2 and 7iv7 by adding at the end the following3 7,g7 any public or licensed nonprofit private residential child care institution 7as defined in subsection 7v77#a772 and 7,h7 any boarding school funded by the ,bureau of ,indian ,education4 2 7,b7 in paragraph 7#c71 by striking subsection 7r7 and inserting subsections 7r7 and 7v72 and 7,c7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,duration of determination ,with respect to an institution described in paragraph 7#b77;,b71 an eligibility determination under this subsection shall remain in effect for a period of1 as applicable-- 7,a7 #fj days2 or 7,b7 for such an institution in which at least #ej percent of the children served meet the income eligibility criteria established under section #i7;b7 for free or reduced price meals1 #ahj days4 2 7#b7 in subsection 7b71 by striking ,for the fiscal year ending ,september #cj1 #aigi1 and for each subsequent fiscal year1 the and inserting ,the2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by adding before the period at the end the following3 and those payment rates shall be announced by the ,secretary by the ,february #ae described in section #d7;b77#d72 and 7,b7 in paragraph 7#d71 by striking of this ,act and inserting the following3 and those guidelines and1 to the maximum extent practicable1 any associated guidance shall be issued by the ,secretary by the ,february #ae described in section #d7;b77#d72 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#d7-- 7i7 by striking ,in consultation and inserting the following3 7,a7 ,in general ,in consultation 2 and 7ii7 by adding at the end the following3 7,b7 ,reports ,each sponsoring organization shall submit to the applicable ,state agency a report1 not less frequently than annually1 that describes1 with respect to the preceding calendar year-- 7i7 the expenditures of program funds by the sponsoring organization2 and 7ii7 the amount of meal reimbursements retained by the sponsoring organization for administrative costs1 if applicable4 2 and 7,b7 in paragraph 7#e71 by adding at the end the following3 7,f7 ,serious deficiency process 7i7 ,in general ,not later than #a year after the date of enactment of this subparagraph1 the ,secretary shall review1 and issue guidance regarding1 the serious deficiency process for the program under this section4 7ii7 ,review ,in carrying out clause 7i71 the ,secretary shall review the processes for-- 7,i7 determining when there is a serious deficiency1 including-- 7aa7 what measures automatically result in a finding of serious deficiency2 and 7bb7 how differentiation is being made between-- 7,,aa7 human error and intentional noncompliance2 and 7,,bb7 if applicable1 the severity of noncompliance with ,state-specific requirements and ,federal regulations2 7,,ii7 appeals and mediation in any case in which there is a finding of serious deficiency2 7,,iii7 determining the circumstances under which a corrective action plan is acceptable2 and 7,,iv7 termination and disqualification1 including maintenance of the list under subparagraph 7,e74 7iii7 ,guidance 7,i7 ,in general ,after conducting the review under clause 7ii71 the ,secretary shall make findings from the information collected and issue guidance from the findings that will assist sponsoring organizations1 ,state agencies1 and the ,food and ,nutrition ,service in ensuring consistency and effectiveness in administration of the serious deficiency process1 while retaining program integrity4 7,,ii7 ,scope ,guidance under subclause 7,i7 shall include-- 7aa7 clarity on the different measures for noncompliance2 7bb7 parameters for a consistent appeals process to review a finding of serious deficiency or a determination that a corrective action plan is inadequate2 and 7cc7 adequate timeframes under a corrective action plan for compliance that are consistent for all types of institutions participating in the program4 2 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#b7-- 7i7 by striking 7#b77;,a7 ,subject to subparagraph 7,b7 of this paragraph and inserting the following3 7#b7 ,disbursements 7,a7 ,in general ,subject to subparagraph 7,b7 2 7ii7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7iii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,limitation ,except as provided in subparagraph 7,c71 no reimbursement may be made to any institution under this paragraph1 or to family or group day care home sponsoring organizations under paragraph 7#c71 for more than1 as determined by the institution or organization-- 7i7 #b meals and #a supplement per day per child2 or 7ii7 #a meal and #b supplements per day per child4 7,c7 ,other 7i7 ,in general ,for each child that is maintained in a child care setting for #i hours or more per day1 the limitation described in subparagraph 7,b7 shall be1 as determined by the institution or organization-- 7,i7 #b meals and #a supplement per day per child2 7,,ii7 #a meal and #b supplements per day per child2 7,,iii7 #b meals and #b supplements per day per child2 or 7,,iv7 #a meal and #c supplements per day per child4 7ii7 ,effective date ,the limitation described in clause 7i7 shall be effective beginning on-- 7,i7 for family or group day care homes1 the later of-- 7aa7 date of implementation of the regulations described in subsection 7g77#b77;,b77iii72 and 7bb7 ,october #a1 #bjah2 and 7,,ii7 for child care centers1 the later of-- 7aa7 the date of implementation of the regulations described in subsection 7g77#b77;,b77iii72 and 7bb7 ,october #a1 #bjbj4 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7ii77,,iv71 in the first sentence1 by striking each ,july #a and inserting each ,february #ae2 and 7,,ii7 in clause 7iii77,i77bb71 in the first sentence1 by striking each ,july #a and inserting each ,february #ae2 7ii7 by striking subparagraph 7,c72 and 7iii7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,c7 and 7,d71 respectively2 7#f7 in subsection 7g71 by striking paragraph 7#f7 and inserting the following3 7#f7 ,use of donated foods ,to the maximum extent practicable1 each institution shall use in its food service foods that are donated by the ,secretary4 2 7#g7 in subsection 7h77#a71 by adding at the end the following3 7,e7 ,engagement with ,state and local agencies 7i7 ,in general ,subject to clause 7ii71 the ,secretary1 as practicable1 shall encourage institutions participating in the child care food program to engage with ,state agencies and local educational agencies to use existing infrastructure to enhance the use of1 and increase access to1 donated commodities4 7ii7 ,effect of subparagraph ,nothing in this subparagraph compels a local educational agency to engage with any institution participating in the child care food program4 2 7#h7 in subsection 7o77#c77;,a71 in the first sentence1 by striking ,secretary1 in and all that follows through separate guidelines and inserting ,secretary1 in consultation with the ,assistant ,secretary for ,aging1 shall implement separate guidelines2 7#i7 in subsection 7r71 by striking paragraph 7#f7 and inserting the following3 7#f7 ,handbook ,for each calendar year1 the ,secretary shall-- 7,a7 review guidelines for afterschool meals for at-risk school children2 and 7,b7 publish a revised handbook reflecting those guidelines and any changes4 2 7#aj7 in subsection 7u77#c77;,c77i71 by inserting for distribution to participants and families of participants after nutrition education2 and 7#aa7 by adding at the end the following3 7v7 ,participation by residential child care institutions 7#a7 ,definition of residential child care institution ,in this subsection1 the term residential child care institution means any public or nonprofit private residential child care institution1 or distinct part of such an institution1 that-- 7,a7 operates principally for the care of children2 and 7,b7 if private1 is licensed to provide residential child care services under the appropriate licensing code by the ,state or local agency4 7#b7 ,administration ,except as otherwise provided in this subsection1 a residential child care institution shall be considered eligible for reimbursement for meals or supplements served to eligible children residing at the residential child care institution4 7#c7 ,meal or supplement reimbursement 7,a7 ,limitations ,a residential child care institution may claim reimbursement under this section-- 7i7 only for a meal or supplement served to children residing at the residential child care institution1 if the children are-- 7,i7 not more than #ah years of age2 or 7,,ii7 children with disabilities2 and 7ii7 for not more than-- 7,i7 #a breakfast1 #a lunch1 and #a supplement per child per day2 or 7,,ii7 #a breakfast1 #a supper1 and #a supplement per child per day4 7,b7 ,rate ,a meal or supplement eligible for reimbursement under this subsection shall be reimbursed at the rate at which free1 reduced price1 and paid meals and supplements1 respectively1 are reimbursed under subsection 7c74 4 7b7 ,advisory committee 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish and convene an advisory committee-- 7,a7 to examine the feasibility of reducing unnecessary or duplicative paperwork resulting from regulations and recordkeeping requirements1 including paperwork resulting from additional ,state requirements1 for individuals and entities participating or seeking to participate in the child and adult care food program under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 7as amended by subsection 7a771 including 7within the meaning of that ,act 7#db ,u4,s4,c4 #agea et seq477-- 7i7 ,state agencies2 7ii7 family child care homes2 7iii7 child care centers2 and 7iv7 sponsoring organizations2 and 7,b7 to provide recommendations to reduce unnecessary or duplicative paperwork for those program participants while ensuring that proper accountability and program integrity are maintained4 7#b7 ,representation ,the advisory committee under this subsection shall include #a representative from each of the following 7within the meaning of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq471 as applicable73 7,a7 ,public and private nonprofit organizations4 7,b7 ,home-based day care providers4 7,c7 ,head ,start centers4 7,d7 ,for-profit proprietary organizations4 7,e7 ,shelters for homeless families4 7,f7 ,adult day care centers4 7,g7 ,state agencies4 7,h7 ,sponsor organizations that provide administrative support to multiple providers4 7#c7 ,considerations ,in developing the recommendations under this subsection1 the advisory committee shall take into consideration1 as appropriate-- 7,a7 any existing information1 recommendations1 and reports from the paperwork reduction work group convened by the ,food and ,nutrition ,service in response to section #aai7;i7 of the ,child ,nutrition and ,,wic ,reauthorization ,act of #bjjd 7#db ,u4,s4,c4 #agff note2 #aah ,stat4 #gee72 and 7,b7 the use of technology for electronic recordkeeping4 7#d7 ,secretarial action 7,a7 ,guidance or regulations 7i7 ,issuance ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue guidance or regulations1 as appropriate1 based on the recommendations of the advisory committee under paragraph 7#a7 regarding streamlined and consolidated paperwork and recordkeeping requirements1 including reducing the burden for applications1 monitoring and auditing requirements1 and any other areas recommended by the advisory committee4 7ii7 ,implementation ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall implement any changes resulting from the guidance or regulations described in clause 7i74 7,b7 ,report ,after issuing any guidance or regulations under subparagraph 7,a71 the ,secretary shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives a report describing any recommendations for legislative changes to strengthen and streamline the application and monitoring process and reduce administrative burden on grantees1 participants1 local and ,state governments1 and the ,federal ,government4 #aaj4 ,pilot projects ,section #ah of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi7 is amended-- 7#a7 by striking subsection 7g7 and inserting the following3 7g7 ,access to local foods3 farm to school program 7#a7 ,definitions ,in this subsection3 7,a7 ,agricultural producer ,the term agricultural producer means a farmer1 rancher1 or fisher 7including a fisher of farm-raised fish74 7,b7 ,eligible school ,the term eligible school means a school or institution that participates in-- 7i7 a program under this ,act1 including the summer food service program for children under section #ac and the early care and afterschool portions of the child and adult care food program under section #ag2 or 7ii7 the school breakfast program established under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 7#b7 ,program ,the ,secretary shall carry out a program to assist eligible schools1 ,state and local agencies1 ,indian tribal organizations1 agricultural producers or groups of agricultural producers1 land-grant colleges and universities1 and nonprofit entities through grants1 technical assistance1 and research to implement farm to school programs that improve access to local foods in eligible schools4 7#c7 ,grants 7,a7 ,in general ,the ,secretary shall award competitive grants under this subsection to be used for-- 7i7 training and technical assistance2 7ii7 supporting operations2 7iii7 planning2 7iv7 purchasing equipment2 7v7 developing school gardens2 7vi7 implementing agricultural literacy and nutrition education2 7vii7 developing partnerships2 and 7viii7 implementing farm to school programs4 7,b7 ,regional balance ,in making awards under this subsection1 the ,secretary shall1 to the maximum extent practicable1 ensure-- 7i7 geographical diversity2 and 7ii7 equitable treatment of urban1 rural1 and tribal communities4 7,c7 ,improved procurement and distribution 7i7 ,in general ,in awarding grants under this subsection1 the ,secretary shall seek to improve local food procurement and distribution options for agricultural producers and eligible schools4 7ii7 ,aggregation1 processing1 transportation1 and distribution ,in advancing local food procurement options and other farm to school objectives1 the ,secretary may provide funding for projects that include innovative approaches to aggregation1 processing1 transportation1 and distribution4 7,d7 ,awards 7i7 ,maximum amount ,the total amount provided to a grant recipient under this subsection shall not exceed #bjj1jjj4 7ii7 ,term ,the term of an award shall not exceed #c years4 7iii7 ,purpose and scope ,in carrying out this subsection1 the ,secretary shall seek to make awards of diverse amounts and duration so as to best match a variety of purposes1 scopes1 and needs of the project proposals4 7#d7 ,federal share 7,a7 ,in general ,the ,federal share of costs for a project funded through a grant awarded under this subsection shall not exceed #ge percent of the total cost of the project4 7,b7 ,federal matching ,as a condition of receiving a grant under this subsection1 a grant recipient shall provide matching support in the form of cash or in-kind contributions1 including facilities1 equipment1 or services provided by ,state and local governments1 nonprofit organizations1 and private sources4 7#e7 ,criteria for selection 7,a7 ,in general ,to the maximum extent practicable1 in providing assistance under this subsection1 the ,secretary shall give the highest priority to funding projects that-- 7i7 make local food products available on the menu of the eligible school2 7ii7 serve a high proportion of children who are eligible for free or reduced price meals2 7iii7 incorporate experiential nutrition education activities in curriculum planning that encourage the participation of school children in farm- and garden-based agricultural education activities2 7iv7 demonstrate collaboration between eligible schools1 nongovernmental and community-based organizations1 agricultural producer groups1 and other community partners2 7v7 include adequate and participatory evaluation plans2 7vi7 demonstrate the potential for long-term program sustainability2 7vii7 expand the selection of local commodities for eligible schools2 7viii7 implement nutrition education and agricultural literacy programming in addition to those activities provided under clause 7iii72 and 7ix7 meet any other criteria that the ,secretary determines appropriate4 7,b7 ,tribal community projects ,in the case of projects serving tribal communities1 the ,secretary shall1 to the maximum extent practicable1 give highest priority to projects that best use products from tribal agricultural producers1 as determined by the ,secretary4 7#f7 ,evaluation ,as a condition of receiving a grant under this subsection1 each grant recipient shall agree to cooperate in an evaluation by the ,secretary of the program carried out using grant funds4 7#g7 ,technical assistance and research 7,a7 ,in general ,the ,secretary shall provide technical assistance1 research1 and information to assist eligible schools1 ,state and local agencies1 ,indian tribal organizations1 agricultural producers or agricultural producer groups1 and nonprofit entities-- 7i7 to facilitate the coordination and sharing of information and resources in the ,department of ,agriculture that may be applicable to the farm to school program2 7ii7 to collect and share information on best practices2 7iii7 to disseminate research and data on existing farm to school programs and the potential for programs in underserved areas2 and 7iv7 to increase awareness of1 and participation in1 farm to school programs among agricultural and aquaculture producers or agricultural producer groups1 including beginning1 veteran1 and socially disadvantaged farmers and ranchers4 7,b7 ,review 7i7 ,in general ,not later than #a year after the date of enactment of the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf and every #c years thereafter1 the ,secretary shall review and submit to the ,committee on ,agriculture and the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the progress that has been made in identifying and eliminating regulatory and other barriers related to developing farm to school programs4 7ii7 ,requirements ,in preparing the report1 the ,secretary shall examine-- 7,i7 the direct and indirect regulatory compliance costs affecting the production and marketing of locally or regionally produced agricultural food products to school food programs2 and 7,,ii7 the barriers to local and regional market access for small-scale production4 7#h7 ,funding 7,a7 ,in general ,on ,october #a1 #bjaf1 and each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this subsection #aj1jjj1jjj1 to remain available until expended4 7,b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this subsection the funds transferred under subparagraph 7,a71 without further appropriation4 7,c7 ,administration ,in addition to other available funds1 of the funds made available to the ,secretary under subparagraph 7,a71 not more than #e percent may be used to pay administrative costs incurred by the ,secretary in carrying out this subsection4 7#i7 ,authorization of appropriations ,in addition to the amounts made available under paragraph 7#h7 and subject to the availability of appropriations provided in advance in an appropriations ,act specifically for the purpose of carrying out this subsection1 there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjaf through #bjba4 2 7#b7 by striking subsections 7h71 7j71 and 7k72 7#c7 by redesignating subsection 7i7 as subsection 7h72 and 7#d7 in paragraph 7#e7 of subsection 7h7 7as so redesignated71 by striking #bjaa through #bjae and inserting #bjaf through #bjbj4 #aaa4 ,fresh fruit and vegetable program ,section #ai of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi;a7 is amended-- 7#a7 by redesignating subsections 7e7 through 7i7 as subsections 7f7 through 7j71 respectively2 7#b7 by inserting after subsection 7d7 the following3 7e7 ,hardship exemption 7#a7 ,in general ,the ,secretary shall establish criteria and a process under which a ,state agency may grant a hardship exemption to allow schools seeking to participate in the program after the date of enactment of the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf to serve all forms of fruits and vegetables4 7#b7 ,hardship 7,a7 ,in general ,to be eligible for an exemption under this subsection1 a school shall demonstrate to the ,state agency that the school has-- 7i7 limited access to quality fresh fruits and vegetables year-round2 or 7ii7 limited space1 cold storage1 other facilities1 or food service personnel necessary to store1 prepare1 or serve fresh fruits and vegetables4 7,b7 ,criteria ,the ,secretary shall establish criteria for ,state agencies to use in determining whether a school meets the hardship parameters described in subparagraph 7,a74 7#c7 ,transition to fresh fruits and vegetables 7,a7 ,in general ,when applying for an exemption under this subsection1 a school shall submit a transition plan to the ,state agency under which the school agrees to meet specific transition benchmarks as described in subparagraph 7,b74 7,b7 ,benchmarks ,for a school that is granted an exemption under this subsection-- 7i7 in the first year of participation in the program1 up to #ajj percent of the fruit and vegetable snacks served by the school may be frozen1 dried1 or canned fruits and vegetables2 7ii7 in the second year of participation in the program-- 7,i7 not more than #fj percent of the fruit and vegetable snacks served by the school may be frozen1 dried1 or canned fruits and vegetables2 and 7,,ii7 not less than #dj percent of the fruit and vegetable snacks served shall be fresh fruits and vegetables2 7iii7 in the third year of participation in the program-- 7,i7 not more than #bj percent of the fruit and vegetable snacks served by the school may be frozen1 dried1 or canned fruits and vegetables2 and 7,,ii7 not less than #hj percent of the fruit and vegetable snacks served shall be fresh fruits and vegetables2 and 7iv7 in the fourth year of participation in the program and every year thereafter1 #ajj percent of the fruit and vegetable snacks served by the school shall be fresh fruits and vegetables4 7,c7 ,compliance 7i7 ,benchmark measurement ,in measuring compliance with the benchmarks described in subparagraph 7,b71 the ,state agency shall evaluate the percentage of fruits and vegetables served in either form based on the total number of days that a snack is served4 7ii7 ,documentation ,a school that is granted an exemption under this subsection shall document compliance with the benchmarks described in subparagraph 7,b7 through reporting1 as determined by the ,secretary4 7,d7 ,technical assistance ,a ,state agency granting an exemption under this subsection shall provide technical assistance to the school receiving an exemption to assist the school with transitioning to serving fresh fruits and vegetables4 7#d7 ,administration 7,a7 ,schools not eligible ,a ,state agency may not grant or maintain an exemption under this subsection to any school that-- 7i7 is participating or has participated in the program before the date of enactment of the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf and is serving fresh fruits and vegetables2 7ii7 is granted an exemption but then fails to meet a transition benchmark as described in paragraph 7#c72 or 7iii7 has been previously granted an exemption under this subsection4 7,b7 ,application selection ,for purposes of this subsection1 in selecting applications for participation in the program1 a ,state agency shall-- 7i7 ensure that a school applying for an exemption under this subsection does not displace a school that is reapplying or participating in the program before the date of enactment of the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf and serving fresh fruits and vegetables2 7ii7 give priority to a school applying to participate in the program and serving fresh fruits and vegetables that has rates of free and reduced price meal participation that are equal to a school applying to participate and seeking an exemption under this subsection2 and 7iii7 subject to clauses 7i7 and 7ii71 apply the priority described in subsection 7d77#a77;,b74 7,c7 ,guidance ,not later than #ahj days after the date of enactment of the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf1 the ,secretary shall issue guidance to implement this subsection1 including the method for schools to use in documenting and reporting compliance with the transition benchmarks described in paragraph 7#c74 7,d7 ,report ,not later than ,january #a1 #bjai and each year thereafter1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that evaluates the impacts of the exemption under this subsection1 including the methods for schools to use in documenting and reporting compliance with the transition benchmarks described in paragraph 7#c74 2 7#c7 in subsection 7c77#a71 by striking subsection 7i77#b7 and inserting subsection 7j77#b72 and 7#d7 in paragraph 7#c7 of subsection 7j7 7as redesignated by paragraph 7#a771 by striking subsection 7h7 and inserting subsection 7i74 #aab4 ,training and technical assistance ,section #ba of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi;b-#a7 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7i72 and 7#b7 by striking subsection 7f7 and inserting the following3 7f7 ,administrative training and technical assistance 7#a7 ,best practices ,the ,secretary shall provide training and technical assistance material that is representative of the best management and administrative practices for administration of school meals authorized under this ,act and the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq474 7#b7 ,support for school food authorities 7,a7 ,school meals ,the ,secretary shall provide technical assistance for school food authorities to promote meals that meet nutritional requirements and student acceptability4 7,b7 ,communication ,the ,secretary shall ensure that ,state agencies contact local educational agencies in the intervening years between the years in which audits or reviews are required under section #bb7;b74 7#c7 ,collaboration ,in carrying out this subsection1 the ,secretary shall collaborate with-- 7,a7 ,state agencies2 7,b7 local educational agencies2 7,c7 school food authorities of varying sizes2 7,d7 the food service management institute authorized under subsection 7a77#b72 and 7,e7 other related entities1 as determined by the ,secretary4 7g7 ,training and technical assistance grants 7#a7 ,in general ,the ,secretary shall award grants1 on a competitive basis1 to eligible entities described in paragraph 7#c7 to develop and administer training and technical assistance for school food service personnel4 7#b7 ,purpose ,the purpose of a grant awarded under paragraph 7#a7 shall be-- 7,a7 to support school food service personnel in meeting nutrition standards under section #i7;f77#e72 and 7,b7 to improve efficacy and efficiency of the school lunch program under this ,act and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 7#c7 ,eligibility ,to be eligible to receive a grant under this subsection1 an entity shall meet eligibility criteria to be established by the ,secretary1 including-- 7,a7 demonstrated capacity to administer effective and cost-efficient training and technical assistance programming for school food service personnel2 and 7,b7 experience in-- 7i7 training and technical assistance programming or applied research activities involving school food service administrators or directors2 and 7ii7 developing relevant training tools or course materials1 including curricula on school nutrition4 7#d7 ,administration 7,a7 ,requirement ,the ,secretary shall ensure that any training or technical assistance funded through a grant awarded under this subsection is-- 7i7 conducted-- 7,i7 at #a or more training sites located within a proximate geographical distance to a school1 central kitchen1 or other worksite2 or 7,,ii7 through an online application that does not require in-person attendance2 and 7ii7 provided free or at minimal cost for school food service personnel4 7,b7 ,grantee assistance ,to the maximum extent practicable1 the ,secretary shall assist an entity receiving a grant under this subsection in disseminating any materials and tools created through funds provided by the grant4 7,c7 ,oversight ,the ,secretary shall establish procedures-- 7i7 to oversee the administration of training and technical assistance funded through grants awarded under this subsection2 and 7ii7 to ensure that any activities funded through the grants are consistent with the goals and requirements of this ,act4 7#e7 ,report ,not later than #ah months after the date of enactment of the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf1 and each year thereafter1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report on the status of training and technical assistance funded under this subsection1 including-- 7,a7 funding awarded2 7,b7 project results2 and 7,c7 dissemination of any materials and tools4 7#f7 ,authorization of appropriations 7,a7 ,in general ,subject to the availability of appropriations provided in advance in an appropriations ,act specifically for the purpose of carrying out this subsection1 there is authorized to be appropriated #e1jjj1jjj to carry out this subsection for fiscal year #bjaf and each subsequent fiscal year4 7,b7 ,technical assistance ,the ,secretary may use not more than #e percent of the amount made available under subparagraph 7,a7 for each fiscal year to provide technical assistance4 7h7 ,study 7#a7 ,in general ,the ,secretary shall conduct a study on the use of ,state administrative expense funds by ,state agencies1 including-- 7,a7 the manner in which ,state administrative expense funds are being used effectively for school nutrition workforce training and technical assistance1 with particular emphasis on-- 7i7 training and technical assistance for the administration of school meals authorized under this ,act and the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq472 and 7ii7 any related provisions1 as determined by the ,secretary2 and 7,b7 any factors that limit the ability of a ,state agency to use ,state administrative expense funds effectively4 7#b7 ,best practices ,in conducting the study under paragraph 7#a71 the ,secretary shall identify and document best practices from ,state agencies that are using ,state administrative expense funds to implement innovative1 effective1 and replicable policies1 training1 and technical assistance methods4 7#c7 ,report ,not later than #ah months after the date of enactment of the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes-- 7,a7 a summary of the study under paragraph 7#a71 including any findings and recommendations made2 and 7,b7 a plan for disseminating the best practices identified pursuant to paragraph 7#b74 4 #aac4 ,compliance and accountability ,section #bb of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi;c7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7#a7 ,in general4--,there shall be and inserting ,there shall be2 7,b7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and indenting appropriately2 7,c7 in paragraph 7#a7 7as so redesignated71 by striking and at the end2 7,d7 in paragraph 7#b7 7as so redesignated71 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following3 7#c7 the ,buy ,american requirement described in section #ab7n74 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking nutritional and all that follows through paragraph 7#a7 and inserting requirements described in subsection 7a72 and 7ii7 in subparagraph 7,c77i71 by striking #c-year cycle and inserting #e-year cycle2 and 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,error reduction plans 7,a7 ,in general ,each ,state agency shall work with the local educational agencies that have the highest national rates of certification errors to develop an error reduction plan and monitor implementation of the plan over the remainder of the review cycle4 7,b7 ,plan components ,each error reduction plan may include-- 7i7 specific measures that the local educational agency shall take to reduce certification errors1 including-- 7,i7 improving the application2 7,,ii7 using technology to minimize opportunities for error2 7,,iii7 enhancing training and oversight of staff involved in the certification and verification process2 7,,iv7 conducting a preliminary review of denied applications to correct erroneous denials2 and 7,v7 for not more than #ej percent of the local educational agencies with error reduction plans1 increasing the standard verification sample size to an amount that is not more than #ej percent more than the number of applications described in section #i7;b77#c77;,d77i77,,ii77aa72 7ii7 a timeline for the local educational agency to implement those measures within the review cycle2 7iii7 annual goals for reductions in certification errors2 and 7iv7 technical assistance to be provided by the ,state agency4 7,c7 ,state agency responsibilities ,each ,state agency shall-- 7i7 assist the local educational agencies identified under subparagraph 7,d7 with developing an error reduction plan that complies with subparagraph 7,b72 7ii7 provide technical assistance as described in the error reduction plan under subparagraph 7,b77iv72 7iii7 conduct annual reviews focused on the direct certification1 application1 certification1 verification1 meal counting1 and meal claiming processes2 and 7iv7 submit to the ,secretary annually reports on the progress of local educational agencies with error reduction plans toward implementing the measures and achieving the goals identified under subparagraph 7,b74 7,d7 ,selection of local educational agencies 7i7 ,in general ,each ,state agency shall identify the local educational agencies that meet criteria determined by the ,secretary to develop an error reduction plan4 7ii7 ,limitations 7,i7 ,small agencies ,small local educational agencies1 as determined by the ,secretary1 shall make up not more than #a_/b of the selected agencies4 7,,ii7 ,small sample size ,local educational agencies with small sample sizes1 as determined by the ,secretary1 shall be exempt from developing an error reduction plan under this paragraph4 7iii7 ,assessment of certification error ,in selecting local educational agencies under this subparagraph1 certification error shall be assessed based on a measure determined by the ,secretary that1 to the maximum extent practicable1 applies to #aj percent of local educational agencies at any #a time and considers-- 7,i7 the results of the reviews conducted under paragraph 7#a72 and 7,,ii7 the percentage of household applications verified under section #i7;b77#c77;,d77i7 that had the level of benefits changed as a result of information obtained during the verification process1 excluding benefit terminations resulting from not obtaining information during household verification conducted under section #i7;b77#c77;,g74 2 and 7#c7 in subsection 7d71 by striking #bjae and inserting #bjbj4 #aad4 ,repeal of ,state childhood hunger challenge grants ,section #bd of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi;e7 is repealed4 #aae4 ,duties of the ,secretary relating to nonprocurement debarment ,section #be of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi;f7 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,fines 7#a7 ,in general ,in a situation in which a contractor is found guilty in any criminal proceeding or found liable in any civil or administrative proceeding1 of any activity described in paragraph 7#b71 in connection with the supplying1 providing1 or selling of goods or services to any local agency in connection with a child nutrition program1 the ,secretary shall impose a civil penalty of not more than #ajj1jjj1jjj1 as the ,secretary determines to be appropriate1 to be used by the ,secretary to provide restitution to the program for harm done to the program4 7#b7 ,included activities ,the activities referred to in paragraph 7#a7 shall include-- 7,a7 an anticompetitive activity1 including bid-rigging1 price-fixing1 the allocation of customers between competitors1 or another violation of ,federal or ,state antitrust laws2 7,b7 fraud1 bribery1 theft1 forgery1 or embezzlement2 7,c7 knowingly receiving stolen property2 7,d7 making a false claim or statement2 or 7,e7 any other obstruction of justice4 7#c7 ,use of funds ,any funds collected under this subsection shall be credited to the child nutrition programs appropriations account for the fiscal year in which the collection occurs4 4 #aaf4 ,improvements to school lunch facilities ,the ,richard ,b4 ,russell ,national ,school ,lunch ,act is amended by inserting after section #bf 7#db ,u4,s4,c4 #agfi;g7 the following3 #bg4 ,improvements to school lunch facilities 7a7 ,definitions ,in this section3 7#a7 ,durable equipment ,the term durable equipment means durable food preparation1 handling1 cooking1 serving1 and storage equipment greater than #ejj in value4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a local educational agency or a school food authority administering or operating a school lunch program under this ,act2 7,b7 a tribal organization2 or 7,c7 a consortium that includes a local educational agency or school food authority described in subparagraph 7,a71 a tribal organization1 or both4 7#c7 ,infrastructure ,the term infrastructure means a food storage facility1 kitchen1 food service facility1 cafeteria1 dining room1 or food preparation facility4 7#d7 ,local educational agency ,the term local educational agency has the meaning given the term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#e7 ,school food authority ,the term school food authority has the meaning given the term in section #baj4b of title #g1 ,code of ,federal ,regulations 7or a successor regulation74 7#f7 ,tribal organization ,the term tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7b7 ,loan guarantees 7#a7 ,authority ,the ,secretary shall issue a loan guarantee to an eligible lender for purposes of financing the construction1 remodeling1 or expansion of infrastructure or the purchase of durable equipment that will assist the eligible entity in providing healthy meals through the school lunch program authorized under this ,act4 7#b7 ,preference ,in issuing a loan guarantee under this subsection1 the ,secretary shall give a preference to an eligible entity that1 as compared with other eligible entities seeking a loan guarantee under this subsection1 demonstrates substantial or disproportionate-- 7,a7 need for infrastructure improvement or durable equipment2 or 7,b7 impairment in durable equipment4 7#c7 ,oversight ,the ,secretary1 acting through the ,under ,secretary for ,rural ,development1 shall establish procedures to oversee any project or purchase for which a loan guarantee is issued under this subsection4 7#d7 ,guarantee amount ,a loan guarantee issued under this subsection may not guarantee more than #hj percent of the principal amount of the loan4 7#e7 ,fees and costs 7,a7 ,in general ,the ,secretary shall establish fees for loan guarantees under this subsection that are1 to the maximum extent practicable1 equal to all costs of the loan guarantees as determined under the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et4 seq471 as determined by the ,secretary4 7,b7 ,fee shortfall ,to the extent that the ,secretary determines that fees described in subparagraph 7,a7 are not sufficient to pay for all of the costs for the loan guarantees pursuant to the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et4 seq471 the ,secretary may use funds described in paragraph 7#f7 to pay for the costs of loan guarantees not paid for by the fees4 7#f7 ,funding ,subject to the availability of appropriations provided in advance in an appropriations ,act specifically for the purpose of carrying out this subsection1 there is authorized to be appropriated #e1jjj1jjj for fiscal year #bjaf and each fiscal year thereafter4 7c7 ,grants 7#a7 ,authority ,beginning in fiscal year #bjaf and subject to the availability of appropriations provided in advance in an appropriations ,act specifically for the purpose of carrying out this subsection1 the ,secretary shall make grants1 on a competitive basis1 to eligible entities for the purchase of durable equipment and infrastructure needed to serve healthier meals and improve food safety4 7#b7 ,priority ,in awarding grants under this subsection1 the ,secretary shall give priority to eligible entities that-- 7,a7 are located in ,states that have enacted comparable statutory grant funding mechanisms or that have otherwise appropriated funds for the purpose described in paragraph 7#a72 and 7,b7 have identified and are reasonably expected to meet an unmet local or community need-- 7i7 through a public-private partnership or partnership with a food pantry or other low-income assistance agency2 or 7ii7 by allowing related community organizations to use kitchen or cafeteria space4 7#c7 ,federal share 7,a7 ,in general ,the ,federal share of costs for assistance funded through a grant awarded under this subsection shall not exceed #hj percent of the total cost of the durable equipment or infrastructure4 7,b7 ,matching ,to receive a grant under this subsection1 an eligible entity shall provide matching support in the form of cash or in-kind contributions4 7,c7 ,waiver ,the ,secretary may waive or vary the requirements of subparagraphs 7,a7 and 7,b7 if the ,secretary determines that undue hardship or effective exclusion from participation would otherwise result4 7#d7 ,authorization of appropriations 7,a7 ,in general ,there is authorized to be appropriated #cj1jjj1jjj to carry out this subsection for fiscal year #bjaf and each fiscal year thereafter4 7,b7 ,limit ,the ,secretary may use not more than #e percent of the funds made available under subparagraph 7,a7 to provide technical assistance4 7d7 ,salad bars 7#a7 ,in general ,not later than #ij days after the date of enactment of the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf1 the ,secretary shall review or revise any guidance in existence on that date of enactment so as to ensure that school food authorities have flexibility in the establishment and implementation of salad bars4 7#b7 ,planning ,the ,secretary shall develop and implement a plan to encourage the use of salad bars in schools participating in the school lunch program authorized under this ,act4 7#c7 ,training and technical assistance ,in carrying out the plan described in paragraph 7#b71 the ,secretary shall provide training and technical assistance to eligible entities to assist in establishing salad bars in schools4 7e7 ,report ,not later than #a year after the date on which funds are made available to carry out this section1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes-- 7#a7 the implementation of this section2 and 7#b7 the impact the purchase of new equipment is having on the ability of school food authorities to meet the purposes of the school lunch program authorized under this ,act4 4 ,,ii ,school breakfast program #bja4 ,special milk program authorization ,section #c7;a77#g7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggb7;a77#g77 is amended by striking on an annual basis each and inserting annually by ,february #ae for the upcoming4 #bjb4 ,nutritional and other program requirements ,section #d7;e77#a77;,b7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc7;e77#a77;,b77 is amended by striking 1 including technical and all that follows through established under this section14 #bjc4 ,state administrative expenses ,section #g of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggf7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c71 in the second sentence1 by striking except as provided in paragraph 7#e72 7,b7 by striking paragraph 7#e72 and 7,c7 by redesignating paragraphs 7#f7 through 7#i7 as paragraphs 7#e7 through 7#h71 respectively2 7#b7 in subsection 7b7-- 7,a7 by striking expenses1 for administrative and inserting the following3 8expenses1 for-- 7#a7 administrative 2 7,b7 by striking for support and all that follows through for staff and inserting the following3 7#b7 support services2 7#c7 office equipment2 7#d7 ,state-operated purchasing programs2 and 7#e7 staff 2 7#c7 in subsection 7e77#b71 by adding at the end the following3 7,c7 ,state administrative expenses formula 7i7 ,study ,the ,secretary shall conduct a study to evaluate the effectiveness of the amount and allocation of ,state administrative expenses determined pursuant to the formula established under this subsection4 7ii7 ,report to ,congress ,not later than ,september #cj1 #bjai1 the ,secretary shall submit to the appropriate committees of ,congress a report describing the results of the study under clause 7i74 2 7#d7 in subsection 7g77#b77;,b7-- 7,a7 in clause 7iii71 by striking subclause 7,i7 and inserting the following3 7,i7 basic nutrition education1 and the knowledge and skills needed for local food service personnel to perform their duties more effectively1 including-- 7aa7 cooking from scratch using raw1 unprocessed1 or minimally processed ingredients2 7bb7 using software programs including nutrient analysis and point of sale programs2 7cc7 marketing of school meal programs to increase participation and satisfaction2 7dd7 incorporating farm-to-school programs in the ,state into the school meal programs2 and 7ee7 planning and preparing meals that meet meal pattern requirements for the school meal programs2 2 and 7,b7 by adding at the end the following3 7iv7 ,availability and form of training ,to the maximum extent practicable1 a training program carried out under this subparagraph shall-- 7,i7 be provided at no cost to local food service personnel2 7,,ii7 be scheduled-- 7aa7 during regular1 paid working hours2 or 7bb7 if scheduled outside of regular1 paid working hours1 at a time that is minimally disruptive to the local food service personnel2 and 7,,iii7 incorporate hands on training techniques2 7v7 ,relationship to other laws ,nothing in this subparagraph supersedes or otherwise modifies any ,federal1 ,state1 or local law or legal obligation governing the relationship between an employee and employer4 2 7#e7 in subsection 7i7-- 7,a7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by inserting and for the purposes described in section #gdi7;h7 of the ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations ,act1 #bjaj 7,public ,law #aaa-hj2 #abc ,stat4 #bacc7 before the period at the end2 and 7ii7 by adding at the end the following3 7,c7 ,requirement ,the ,secretary shall ensure that any technology or information management system purchased or developed by a ,state using funds received under subparagraph 7,a7 is compatible with systems already being used by local educational agencies1 school food authorities1 and schools in that ,state4 7,d7 ,report 7i7 ,in general ,not later than #ahj days after the date of enactment of this subparagraph1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes ways in which the ,secretary is improving the rate of direct certification of children in households participating in the program established pursuant to section #d7;b7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjac7;b774 7ii7 ,requirements ,the report described in clause 7i7 shall include ways in which the ,secretary uses technology or information management systems to provide assistance to tribal organizations administering the food distribution program on ,indian reservations4 2 and 7,b7 in paragraph 7#d71 by striking #bjae and inserting #bjbj2 7#f7 in subsection 7j71 by striking #bjae and inserting #bjbj2 7#g7 by redesignating subsection 7j7 as subsection 7k72 and 7#h7 by inserting after subsection 7i7 the following3 7j7 ,centralized exchange network 7#a7 ,establishment ,the ,secretary shall establish a centralized exchange network to facilitate ,state exchange of information and best practices1 for programs authorized under this ,act or the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7#b7 ,network topics ,state exchanges of information and best practices described in paragraph 7#a7 may include research methods and data related to-- 7,a7 improved efficiency in the delivery of benefits2 7,b7 improved compliance in the programs2 and 7,c7 reduction of fraud1 waste1 and abuse in the programs4 4 #bjd4 ,special supplemental nutrition program for women1 infants1 and children 7a7 ,in general ,section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7 is amended-- 7#a7 in subsection 7a71 in the second sentence1 by striking breastfeeding promotion and inserting breastfeeding counseling1 promotion12 7#b7 in subsection 7b77#ad71 by striking the paragraph designation and all that follows through means those foods and inserting the following3 7#ad7 ,supplemental food ,the term supplemental food means any food 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking may choose to and inserting shall2 7,,ii7 in clause 7i77,,ii71 by striking and at the end2 7,,iii7 in clause 7ii7-- 7aa7 by striking section #dje of title #cg and inserting section #dge of title #cg2 and 7bb7 by striking the period at the end and inserting 2 and2 and 7,,iv7 by adding at the end the following3 7iii7 any basic allowance for subsistence provided under section #djb of title #cg1 ,united ,states ,code1 to a member of a uniformed service4 2 and 7ii7 by adding at the end the following3 7,e7 ,child support payments ,for the purpose of determining income eligibility under this section1 a ,state agency shall exclude from income any child support payment for an applicant who is legally obligated to pay child support for any noncustodial child1 as determined by the ,secretary4 2 and 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7iii7-- 7aa7 by striking ,a ,state and inserting the following3 7,i7 ,in general ,a ,state 2 and 7bb7 by adding at the end the following3 7,,ii7 #e-year-old children 7aa7 ,in general ,a ,state may elect to certify participant children who have had their fifth birthday but have not yet attained their sixth birthday1 during a period that ends on the earlier of-- 7,,aa7 the sixth birthday of the children2 or 7,,bb7 when the children attend full day kindergarten4 7bb7 ,requirements ,each ,state that elects to certify children under item 7aa7 shall-- 7,,aa7 ensure that participant children receive required health and nutrition assessments2 and 7,,bb7 establish a system to determine when a participant child attends full day kindergarten4 2 and 7,,ii7 by adding at the end the following3 7iv7 ,infants ,a ,state may elect to certify infants for a period of not more than #b years1 subject to the conditions that-- 7,i7 the ,state shall ensure that the participant infants receive all required health and nutrition assessments2 and 7,,ii7 the local agency shall have at least #a contact with each certified household every #ab months to confirm income eligibility4 2 and 7ii7 by adding at the end the following3 7,g7 ,data exchange standards for improved interoperability 7i7 ,designation ,the ,secretary1 in consultation with an interagency work group established by the ,office of ,management and ,budget1 and taking into consideration ,state government perspectives1 shall designate data exchange standards to govern1 under this ,act-- 7,i7 necessary categories of information that ,state agencies in a ,state operating related programs are required under applicable law to electronically exchange with another ,state agency2 and 7,,ii7 ,federal reporting and data exchange required under applicable law4 7ii7 ,requirements ,the data exchange standards required by clause 7i7 shall1 to the maximum extent practicable-- 7,i7 incorporate a widely accepted1 nonproprietary1 searchable1 computer-readable format2 7,,ii7 contain interoperable standards developed and maintained by intergovernmental partnerships1 such as the ,national ,information ,exchange ,model2 7,,iii7 incorporate interoperable standards developed and maintained by ,federal entities with authority regarding contracting and financial assistance2 7,,iv7 be consistent with1 and implement1 applicable accounting principles2 7,v7 be implemented in a manner that-- 7aa7 is cost-effective2 and 7bb7 improves program efficiency and effectiveness2 and 7,,vi7 be capable of being continually upgraded as necessary4 7iii7 ,effect of subparagraph ,nothing in this subparagraph requires any change to an existing data exchange standard for ,federal reporting that is determined to be effective and efficient4 7iv7 ,implementation 7,i7 ,in general ,not later than #b years after the date of enactment of this subparagraph1 the ,secretary shall issue a proposed rule to implement this subparagraph4 7,,ii7 ,requirements ,the proposed rule under this clause shall-- 7aa7 identify all federally required data exchanges2 7bb7 include specification and timing for the exchanges to be standardized2 7cc7 address the factors used in determining whether and when to standardize data exchanges2 7dd7 specify ,state implementation options2 and 7ee7 describe future milestones4 2 7#d7 in subsection 7e7-- 7,a7 by striking the subsection designation and all that follows through ,the ,state agency shall in the first sentence of paragraph 7#a7 and inserting the following3 7e7 ,nutrition and drug abuse education 7#a7 ,education 7,a7 ,in general ,a ,state agency shall 2 7,b7 in paragraph 7#a7 7as amended by subparagraph 7,a771 by adding at the end the following3 7,b7 ,disposal of certain infant formula 7i7 ,in general ,the ,state agency1 in conjunction with the ,food and ,drug ,administration1 shall ensure that all participants in the program receiving infant formula under this section 7including parents or caretakers of infant participants in the program7 are provided education regarding proper disposal of unused or excess infant formula purchased with ,,wic food instruments4 7ii7 ,inclusions ,the education under this subparagraph shall include information regarding-- 7,i7 the safety hazards of purchasing infant formula outside normal commercial channels2 and 7,,ii7 the penalties associated with the gifting1 trading1 sale1 or resale of infant formula or other supplemental foods purchased with ,,wic food instruments1 in accordance with subsection 7o74 2 and 7,c7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,nutrition education materials 7,a7 ,in general ,the ,secretary1 after submitting proposed nutrition education materials to the ,secretary of ,health and ,human ,services for comment1 shall issue the materials for use in the program under this section4 7,b7 ,sharing of materials with child and adult care food program ,a ,state agency may allow the local agencies or clinics operating under the ,state agency to share nutrition educational materials with institutions participating in the child and adult care food program established under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 at no cost to that program1 if a written materials-sharing agreement exists between the relevant agencies4 2 7#e7 in subsection 7f7-- 7,a7 by striking 7f77#a77;,a7 ,each ,state agency and all that follows through the end of paragraph 7#a77;,a7 and inserting the following3 7f7 ,plan of operation and administration by ,state agency 7#a7 ,requirements 7,a7 ,submission 7i7 ,in general ,each ,state agency shall submit to the ,secretary a plan of operation and administration of the program authorized under this section4 7ii7 ,deadlines ,each ,state agency shall submit-- 7,i7 an initial plan not later than such date as is specified by the ,secretary2 and 7,,ii7 a subsequent plan every #c years thereafter or whenever the ,state agency seeks approval of a substantive change to the plan4 2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking plan submitted for and inserting plan submitted covering2 and 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7x71 by striking and at the end2 7,,ii7 by redesignating clause 7xi7 as clause 7xiii72 and 7,,iii7 by inserting after clause 7x7 the following3 7xi7 a plan to allow for the substitution of products approved for redemption with benefits in times of emergency and disaster2 7xii7 a plan detailing the methods to be used by all local agencies to ensure compliance with subsection 7d77#b72 and 2 7,c7 in paragraph 7#e7-- 7i7 by striking 7#e7 ,state and local and inserting the following3 7#e7 ,accounts1 records1 and review 7,a7 ,in general ,state and local 2 and 7ii7 by adding at the end the following3 7,b7 ,review ,the ,secretary shall periodically review ,state and local agency compliance with the approved plan of operation and administration of the applicable ,state4 2 7,d7 in paragraph 7#aj7-- 7i7 by striking 7#aj7 ,the ,secretary and inserting the following3 7#aj7 ,standards for administration 7,a7 ,in general ,the ,secretary 2 and 7ii7 by adding at the end the following3 7,b7 ,notification 7i7 ,in general ,if a ,state agency determines there is a need to temporarily halt approving new vendors to address deficiencies or changes in program administration1 the ,state agency shall notify the ,secretary not later than #de days prior to the implementation date4 7ii7 ,requirements ,notification under clause 7i7 shall include-- 7,i7 a justification for the moratorium2 7,,ii7 a timeframe under which the moratorium will be issued1 including any renewal or lifting of the moratorium2 7,,iii7 a process to approve vendors needed for participant access 7as defined by the ,state agency7 to supplemental foods4 2 and 7,e7 in paragraph 7#aa7-- 7i7 in subparagraph 7,c77ii71 by striking and cultural eating patterns and inserting cultural eating patterns1 commercial availability1 and participant demand2 and 7ii7 by adding at the end the following3 7,d7 ,cash value vouchers ,in adjusting cash value vouchers annually for food cost inflation in the food package under this paragraph1 the ,secretary shall round to the nearest dollar increment4 2 7#f7 in subsection 7g77#a77;,a71 by striking #bjae and inserting #bjbj2 7#g7 in subsection 7h7-- 7,a7 in paragraph 7#h77;,a7-- 7i7 in clause 7vi7-- 7,i7 by striking ,effective beginning and inserting the following3 7,i7 ,in general ,effective beginning 2 and 7,,ii7 by adding at the end the following3 7,,ii7 ,infant formula ,effective beginning on the date of enactment of this subclause1 a ,state agency that has fully implemented electronic benefits transfer systems throughout the ,state shall have in effect a system to ensure that infant formula rebate invoices1 under competitive bidding1 provide an actual count of the number of units sold to participants in the program under this section4 2 and 7ii7 by adding at the end the following3 7xi7 ,contract duration ,the contracts awarded under clause 7iii7 shall specify that-- 7,i7 if the income eligibility limit under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 for pregnant women or infants is increased1 which the ,secretary determines will increase the demand for infant formula under the contract by a substantial amount1 as determined by the ,secretary1 the contractor may terminate the existing contract effective on the later of-- 7aa7 the date that is #a year after the date on which the ,state decision to increase the eligibility limit by amending the ,state plan is made by-- 7,,aa7 adopting ,state legislation2 7,,bb7 issuing a ,state executive order or administrative rule2 or 7,,cc7 any other applicable ,state process1 as determined by the ,secretary2 and 7bb7 the first day of the month during which the increase takes effect2 and 7,,ii7 if a contractor elects to terminate a contract pursuant to subclause 7,i71 the contractor shall notify the ,state agency by not later than the date that is #a year before the proposed date of termination4 2 7,b7 in paragraph 7#i7-- 7i7 in subparagraph 7,b7-- 7,i7 in clause 7i7-- 7aa7 in subclause 7,i71 by striking and at the end2 and 7bb7 by adding at the end the following3 7,,iii7 limit the total term of any contract 7including any extension or renewal period7 to a maximum of #e years1 and require that any additional extensions shall be approved only on mutual consent of the contractor and the ,state agency2 7,,iv7 agree to provide1 by not later than #ahj days before exercising any termination for convenience clause1 a written notice to each contractor2 7,v7 agree-- 7aa7 to receive an annual audit of infant formula rebate invoices by a contractor2 and 7bb7 to provide to each contractor accurate monthly redemption files2 and 7,,vi7 agree1 in evaluating bids1 not to provide any ,state preference based on the connection the bidder has to a ,state2 2 7,,ii7 in clause 7iii71 by striking and at the end2 7,,iii7 in clause 7iv7-- 7aa7 by striking #cj and inserting #de2 and 7bb7 by striking the period at the end and inserting a semicolon2 7,,iv7 by redesignating clauses 7iii7 and 7iv7 as clauses 7iv7 and 7v71 respectively2 7,v7 by inserting after clause 7ii7 the following3 7iii7 for any ,state agency that has fully implemented electronic benefits transfer systems throughout the ,state1 have a system to ensure that rebate invoices under competitive bidding provide an actual count of the number of units sold to participants in the program under this section2 2 and 7,,vi7 by adding at the end the following3 7vi7 provide an opportunity to negotiate the amount of funds to be returned to the contractor by the ,state agency1 and the method of return1 on determining and verifying that rebates were paid on any food1 including infant formula1 sold under fraudulent means2 7vii7 open bids and enter into a contract under paragraph 7#h77;,a77iii7 only after making a reasonable effort to confirm in writing1 via email or other means1 that the manufacturers on the list the ,state agency maintains under paragraph 7#h77;,a77ix7 received the initial request for proposals or other bid solicitation document by not later than the date that is #de days before the date on which the bids are due2 7viii7 agree to provide to contractors supporting documentation for monthly invoices1 subject to the participant and vendor confidentiality protections under program rules2 and 7ix7 not later than the date that is #ij days after the date for opening bids1 submit to the ,secretary a copy of the bid solicitation and any other contract documents4 2 and 7ii7 by adding at the end the following3 7,d7 ,certain food for infants ,before any ,state agency enters into a contract for infant fruits1 vegetables1 or meat under a competitive bidding system1 the ,state agency shall-- 7i7 consider-- 7,i7 the impact of the contract on-- 7aa7 participation or redemption rates2 7bb7 costs to the ,state agency for infant fruits1 vegetables1 or meat1 including product1 administrative1 and procurement costs2 and 7cc7 the ability of the ,state agency-- 7,,aa7 to achieve the purpose described in subsection 7a72 7,,bb7 to provide infants with a variety of developmentally appropriate infant fruits1 vegetables1 or meat2 and 7,,cc7 to serve the nutritional needs of program participants2 7,,ii7 whether the contract is compatible with-- 7aa7 the management information and food instrument system of the ,state agency2 and 7bb7 the capacity of the manufacturer to meet technical specifications2 and 7ii7 provide to the ,secretary a written explanation of how the considerations described in clause 7i7 affected the decision of the ,state agency to enter into the contract4 2 7,c7 in paragraph 7#aj77;,a71 by striking #bjae and inserting #bjbj2 7,d7 by striking paragraph 7#aa7 and inserting the following3 7#aa7 ,vendor management 7,a7 ,cost containment 7i7 ,peer groups 7,i7 ,in general ,the ,state agency shall-- 7aa7 establish a vendor peer group system2 7bb7 in accordance with clauses 7ii7 and 7iii71 establish competitive price criteria and allowable reimbursement levels for each vendor peer group2 and 7cc7 if the ,state agency elects to authorize any types of vendors described in clause 7iv77,,ii77aa7-- 7,,aa7 distinguish between vendors described in clause 7iv77,,ii77aa7 and other vendors by establishing separate peer groups for vendors described in clause 7iv77,,ii77aa7 or by establishing distinct competitive price criteria and allowable reimbursement levels for vendors described in clause 7iv77,,ii77aa7 within a peer group that contains both vendors described in clause 7iv77,,ii77aa7 and other vendors2 and 7,,bb7 establish competitive price criteria and allowable reimbursement levels that comply with clauses 7ii7 and 7iii71 respectively1 and that do not result in higher food costs if program participants redeem supplemental food vouchers at vendors described in clause 7iv77,,ii77aa7 rather than at vendors other than vendors described in clause 7iv77,,ii77aa74 7,,ii7 ,exemptions ,the ,secretary may exempt from the requirements of subclause 7,i7-- 7aa7 a ,state agency that elects not to authorize any types of vendors described in clause 7iv77,,ii77aa7 and that demonstrates to the ,secretary that-- 7,,aa7 compliance with subclause 7,i7 would be inconsistent with efficient and effective operation of the program administered by the ,state under this section2 or 7,,bb7 an alternative cost-containment system would be as effective as a vendor peer group system2 or 7bb7 a ,state agency-- 7,,aa7 in which the sale of supplemental foods that are obtained with food instruments from vendors described in clause 7iv77,,ii77aa7 constituted less than #e percent of total sales of supplemental foods that were obtained with food instruments in the ,state in the year preceding a year in which the exemption is effective2 and 7,,bb7 that demonstrates to the ,secretary that an alternative cost-containment system would be as effective as the vendor peer group system and would not result in higher food costs if program participants redeem supplemental food vouchers at vendors described in clause 7iv77,,ii77aa7 rather than at vendors other than vendors described in clause 7iv77,,ii77aa74 7ii7 ,competitive pricing 7,i7 ,in general ,the ,state agency shall establish competitive price criteria for each peer group for the selection of vendors for participation in the program that-- 7aa7 ensure that the retail prices charged by vendor applicants for the program are competitive with the prices charged by other vendors2 and 7bb7 consider-- 7,,aa7 the shelf prices of the vendor for all buyers2 or 7,,bb7 the prices that the vendor bid for supplemental foods1 which shall not exceed the shelf prices of the vendor for all buyers4 7,,ii7 ,participant access ,in establishing competitive price criteria1 the ,state agency shall consider participant access by geographical area4 7,,iii7 ,subsequent price increases ,the ,state agency shall establish procedures to ensure that a retail store selected for participation in the program does not1 subsequent to selection1 increase prices to levels that would make the store ineligible for selection to participate in the program4 7iii7 ,allowable reimbursement levels 7,i7 ,in general ,the ,state agency shall establish allowable reimbursement levels for supplemental foods for each vendor peer group that ensure that-- 7aa7 payments to vendors in the vendor peer group reflect competitive retail prices2 and 7bb7 the ,state agency does not reimburse a vendor for supplemental foods at a level that would make the vendor ineligible for authorization under the criteria established under clause 7ii74 7,,ii7 ,price fluctuations ,the allowable reimbursement levels may include a factor to reflect fluctuations in wholesale prices4 7,,iii7 ,participant access ,in establishing allowable reimbursement levels1 the ,state agency shall consider participant access in a geographical area4 7iv7 ,exemptions ,the ,state agency may exempt from competitive price criteria and allowable reimbursement levels established under this subparagraph-- 7,i7 pharmacy vendors that supply only exempt infant formula or medical foods that are eligible under the program2 and 7,,ii7 vendors-- 7aa7 7,,aa7 for which more than #ej percent of the annual revenue of the vendor from the sale of food items consists of revenue from the sale of supplemental foods that are obtained with food instruments2 or 7,,bb7 who are new applicants likely to meet the criteria of subitem 7,,aa7 under criteria approved by the ,secretary2 and 7bb7 that are nonprofit4 7v7 ,cost neutrality 7,i7 ,in general ,if a ,state agency elects to authorize any types of vendors described in clause 7iv77,,ii77aa71 the ,state agency shall demonstrate to the ,secretary1 and the ,secretary shall certify1 that the competitive price criteria and allowable reimbursement levels established under this paragraph for vendors described in clause 7iv77,,ii77aa7 do not result in average payments per voucher to vendors described in clause 7iv77,,ii77aa7 that are higher than average payments per voucher to comparable vendors other than vendors described in clause 7iv77,,ii77aa74 7,,ii7 ,requirement ,effective on the date that is #abj days after the date of enactment of this subclause1 in calculating the allowable reimbursement levels established under this paragraph for vendors described in clause 7iv77,,ii77aa71 a ,state agency that does not use electronic benefit transfer shall exclude food instruments not fully redeemed1 based on a calculation of the minimum full redemption value for each food instrument type or food item1 by individual vendor4 7vi7 ,limitation on private rights of action ,nothing in this paragraph creates a private right of action4 7vii7 ,limitation regarding food costs ,nothing in this subparagraph compels a ,state agency to achieve lower food costs if program participants redeem supplemental food vouchers at vendors described in clause 7iv77,,ii77aa7 rather than at vendors other than vendors described in clause 7iv77,,ii77aa74 7viii7 ,implementation ,a ,state agency shall comply with this subparagraph not later than #ah months after the date of enactment of this clause4 7,b7 ,application review 7i7 ,review and regulations 7,i7 ,in general ,not later than #ahj days after the date of enactment of the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf1 the ,secretary shall review the current processes used by ,state agencies to approve vendors for the program authorized under this section4 7,,ii7 ,objective ,in conducting the review described in subclause 7,i71 the ,secretary shall examine ways to reduce duplication in site visit requirements and application paperwork while preserving the unique aspects of vendor participation in the program authorized under this section4 7,,iii7 ,regulations ,not later than #ahj days after completing the review described in subclause 7,i71 the ,secretary shall update regulations as necessary to revise the current application process-- 7aa7 to coordinate vendor authorization1 where applicable1 for the program authorized under this section and the supplemental nutrition assistance program authorized under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 and 7bb7 to consolidate1 to the maximum extent practicable-- 7,,aa7 applications to reduce duplicative reporting of information2 and 7,,bb7 on-site review requirements4 7ii7 ,selection criteria 7,i7 ,in general ,subject to subclause 7,,ii71 each ,state agency shall establish a requirement that1 prior to authorization or reauthorization for purposes of the program authorized under this section1 a vendor shall be an authorized retailer under the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7,,ii7 ,certain vendors ,a ,state agency shall have discretion regarding whether subclause 7,i7 shall apply to a vendor described in subparagraph 7,a77iv77,,ii77aa77,,aa7 that sells only ,,wic-eligible foods 7as defined by the ,state agency74 7,,iii7 ,timing ,a ,state agency shall permit a vendor to apply simultaneously for approval to participate in the program authorized under this section and the supplemental nutrition assistance program authorized under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 2 7,e7 in paragraph 7#ab7-- 7i7 in subparagraph 7,a77i71 by striking food delivery system that provides and inserting method to deliver2 and 7ii7 by adding at the end the following3 7,h7 ,regulations ,as ,state agencies transition to electronic benefit transfer for the program1 the ,secretary shall update regulations to account for the fact that ,state agencies-- 7i7 are receiving transaction pricing more frequently than twice a year from vendors2 and 7ii7 should adjust vendor reimbursement levels more frequently to reflect program food price changes in the marketplace4 7,i7 ,authorization of appropriations 7i7 ,in general ,there is authorized to be appropriated to carry out this paragraph #be1jjj1jjj for each of fiscal years #bjaf through #bjbj4 7ii7 ,use ,the ,secretary shall allocate the funds made available under this subparagraph to ,states for purposes of enhancing and accelerating the implementation of electronic benefit transfer systems4 7,j7 ,penalty for noncompliance ,for any ,state agency that fails to comply with subparagraph 7,b71 including a ,state agency receiving an exemption under subparagraph 7,c71 the ,secretary shall-- 7i7 withhold such amounts otherwise required to be allocated to the ,state agency for nutrition services and administration as the ,secretary determines to be appropriate2 and 7ii7 direct the amounts withheld for use by the ,state agency solely for achieving compliance with subparagraph 7,b74 2 and 7,f7 in paragraph 7#ac71 by adding at the end the following3 7,c7 ,access ,the ,secretary shall make available on request the national universal product code database information to vendors approved for participation in the special supplemental food program established under this section4 2 7#h7 by striking subsection 7k72 7#i7 by redesignating subsections 7l7 through 7q7 as subsections 7k7 through 7p71 respectively2 7#aj7 in subsection 7l77#i77;,a7 7as so redesignated71 by striking #bjae and inserting #bjbj2 7#aa7 in subsection 7o7 7as so redesignated7-- 7,a7 in paragraphs 7#a7 and 7#b77;,b71 by striking subsection 7o77#a77;,a7 each place it appears and inserting subsection 7n77#a77;,a72 7,b7 in paragraph 7#e7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,e7 fifth1 to reimburse any ,,wic infant formula manufacturer for any rebate provided to the ,state agency on ,,wic infant formula unlawfully trafficked under a provision of law described in paragraph 7#b71 subject to the condition that the funds are recovered by the ,state4 2 and 7,c7 by adding at the end the following3 7#f7 ,notice of investigation 7,a7 ,in general ,for any investigation into the trafficking of ,,wic infant formula pursuant to this subsection1 to the maximum extent practicable1 the ,secretary shall provide notice of resolution of the disposition of an unlawful action resulting from the investigation to all contracted manufacturers of the trafficked infant formula4 7,b7 ,estimates ,not later than #ij days after the date on which notice is provided under subparagraph 7,a71 the ,state shall submit to the contracted manufacturer an estimate of-- 7i7 the number of units1 if any1 for which rebates may have been issued as a result of the violation2 and 7ii7 the total dollar amount of the rebates4 2 and 7#ab7 by adding at the end the following3 7q7 ,state advisory councils and boards 7#a7 ,in general ,the ,secretary shall encourage any advisory council or board operated by a ,state agency to include adequate representation of all appropriate program stakeholders1 including-- 7,a7 vendors approved for participation in the special supplemental food program established under this section2 7,b7 program beneficiaries2 7,c7 community representatives2 and 7,d7 representatives of organizations intended to reduce hunger and improve the health and well-being of program participants4 7#b7 ,meetings ,the ,secretary shall encourage the meetings of an advisory council or board described in paragraph 7#a7 to provide for-- 7,a7 participation by means other than in-person2 and 7,b7 public availability or dissemination of a description of-- 7i7 the activities of the advisory council or board2 7ii7 the proceedings of the advisory council or board2 and 7iii7 the meeting minutes of the advisory council or board4 7r7 ,fraud and safety review 7#a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall review current guidance1 regulations1 and practices regarding fraud and safety for purposes of this section4 7#b7 ,inclusions ,the review under paragraph 7#a7 shall include a review of issues relating to-- 7,a7 excess and unused infant formula2 7,b7 invoices pertaining to products subject to rebate2 7,c7 the sale of infant formula by unauthorized entities2 and 7,d7 the purchase of infant formula from unauthorized entities4 7#c7 ,updates ,based on the findings of the review under paragraph 7#a71 the ,secretary shall update current regulations and guidance and issue additional regulations and guidance1 as necessary-- 7,a7 to minimize fraud2 and 7,b7 to ensure the safety of participants4 7s7 ,cooperation with law enforcement agencies ,notwithstanding any other provision of law1 ,state agencies and law enforcement agencies shall share ,,wic vendor information relating to investigations or prosecutions under the program under this section1 as determined by the ,secretary4 7t7 ,pilot projects 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary may conduct pilot projects to test alternative certification1 food delivery procedures1 service delivery methods1 and mechanisms for providing additional food assistance under this section4 7#b7 ,prohibition ,in conducting pilot projects under paragraph 7#a71 the ,secretary may not waive or modify the application of program eligibility1 supplemental foods1 or cost containment requirements4 7#c7 ,evaluation ,the ,secretary shall evaluate each pilot project carried out under this subsection after the pilot project has been in operation for #c years4 4 7b7 ,review of adjunctive eligibility for ,,wic 7#a7 ,definitions ,in this subsection3 7,a7 ,adjunctively eligible ,the term adjunctively eligible1 with respect to an individual1 means an individual who is eligible for ,,wic under section #ag7;d77#b77;,a77iii7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7;d77#b77;,a77iii74 7,b7 ,comptroller ,general ,the term ,comptroller ,general means the ,comptroller ,general of the ,united ,states4 7,c7 ,medicaid ,the term ,medicaid means the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7,d7 ,poverty line ,the term poverty line means the most recent annual ,federal ,poverty ,income ,guidelines published by the ,department of ,health and ,human ,services4 7,e7 ,,wic ,the term ,,wic means the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf74 7#b7 ,study ,the ,comptroller ,general shall conduct a study to examine the impact of adjunctive eligibility on ,,wic participation1 including the administrative burden1 number of participants in ,,wic1 and other impacts on the participants4 7#c7 ,adjunctive eligibility and income of ,,wic participants 7,a7 ,in general ,in conducting the study described in paragraph 7#b71 the ,comptroller ,general shall examine the extent to which individuals certified as adjunctively eligible to receive supplemental foods and services through ,,wic have incomes above #ahe percent of the poverty line4 7,b7 ,data 7i7 ,data collection ,the ,comptroller ,general shall collect data to determine-- 7,i7 the total number of pregnant women1 postpartum women1 breastfeeding women1 infants1 and children participating in ,,wic2 7,,ii7 an estimate of the share of individuals described in subclause 7,i7 who are certified as adjunctively eligible2 and 7,,iii7 an estimate of the share of individuals described in subclause 7,,ii7 for whom income 7for purposes of ,medicaid eligibility7 is above #ahe percent of the poverty line1 above #bej percent of the poverty line1 above #cjj percent of the poverty line1 and above any other demarcation thresholds as determined by the ,comptroller ,general4 7ii7 ,sources ,the ,comptroller ,general shall collect the information described in clause 7i7 from-- 7,i7 for subclause 7,i7 and 7,,ii7 of that clause1 ,,wic program data2 and 7,,ii7 for subclause 7,,iii7 of that clause1 a review of the income of a representative sample of ,,wic participants 7for purposes of ,medicaid eligibility7 at the time of ,,wic certification4 7iii7 ,other ,the estimate developed under clause 7i77,,iii7 shall be based on data collected in selected ,states in which the income eligibility limit for infants under #a year of age for ,medicaid is at or above #ahe percent of the poverty line4 7#d7 ,use of income data to inform medicaid adjunctive eligibility determinations 7,a7 ,in general ,following collection of the data described in paragraph 7#c71 the ,comptroller ,general shall assess the feasibility1 benefits1 and costs of requiring that ,,wic use an automated process to document that only applicants with income below a specified threshold may be certified as adjunctively eligible based solely on ,medicaid receipt4 7,b7 ,scope ,the assessment described in subparagraph 7,a7 shall include an evaluation of the capacity of the management information systems for both ,,wic and ,medicaid1 including the ability of the systems to exchange data4 7,c7 ,,wic management information systems ,the ,comptroller ,general shall assess-- 7i7 which ,state agencies and tribal organizations operating ,,wic use management information systems with the capacity1 via an automated process1 for local ,,wic clinics to document-- 7,i7 income as a share of the poverty level for purposes of ,medicaid eligibility2 or 7,,ii7 ,medicaid enrollment and income below a specified level2 7ii7 the steps necessary to prepare all local ,,wic clinics to obtain and to access that income information as a part of the ,,wic application process as well as part of the associated costs of modifying ,,wic automated systems and training staff2 and 7iii7 other information determined relevant by the ,comptroller ,general1 such as the impact of the identified steps on administrative costs1 clinical services1 and waiting times for appointments4 7,d7 ,medicaid management information systems ,the ,comptroller ,general shall assess-- 7i7 whether the mechanized claims processing and information retrieval systems of ,states under section #aijc7;a77#c77;,a77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7a77#c77;,a77i77 have the capacity to provide1 at the time of ,,wic certification and via an automated process1 data to an agency or tribal organization operating ,,wic regarding-- 7,i7 income as a share of the poverty level for purposes of ,medicaid eligibility2 or 7,,ii7 whether a ,medicaid recipient has income below a specified level2 7ii7 the steps necessary to ensure that mechanized claims processing and information retrieval systems in ,states for which the income eligibility limit for infants under #a year of age under ,medicaid is above #ahe percent of the poverty line have the capacity to provide the information described in clause 7i7 to local ,,wic clinics for the purpose of documenting adjunctive eligibility under an option that would limit that eligibility to individuals with income below a specific threshold2 and 7iii7 other information determined relevant by the ,comptroller ,general and the ,secretary of ,health and ,human ,services1 including the impact of the identified steps on administrative costs4 7#e7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report describing-- 7,a7 the data collected under paragraph 7#c72 7,b7 the assessments made under paragraph 7#d72 and 7,c7 the feasibility1 costs1 benefits1 and effects on participants of a new requirement that would only permit adjunctive eligibility for individuals with household income below a specified level4 #bje4 ,team nutrition network ,section #ai of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting evidence-based before team nutrition messages2 and 7ii7 by striking developed by the ,secretary2 7,b7 in paragraph 7#b71 by inserting under this ,act and the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 before the semicolon at the end2 7,c7 in paragraph 7#d71 by striking purposes2 and and inserting the following3 8purposes1 including if appropriate-- 7,a7 ,state and local nutrition education programs1 health and wellness policies1 nutrition education or curriculum content1 and other ,state resources2 and 7,b7 ,federal nutrition education efforts1 including those programs under this ,act and the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 and 2 and 7,d7 in paragraph 7#e7-- 7i7 by striking helping children to maintain a healthy weight by2 and 7ii7 by inserting in and out of school before the period at the end2 7#b7 in subsection 7b71 by striking 7b7 and all that follows through ,in this section1 the term and inserting the following3 7b7 ,definitions ,in this section3 7#a7 ,nutrition education ,the term nutrition education means the provision of individual or group learning opportunities and materials that emphasize the relationship among nutrition1 physical activity1 and health with a goal of improving long-term dietary and physical health and increasing food security4 7#b7 ,team nutrition network ,the term 2 7#c7 in subsection 7c7-- 7,a7 by striking the subsection designation and heading and inserting the following3 7c7 ,state network grants 2 and 7,b7 by adding at the end the following3 7#d7 ,allocation ,subject to the availability of funds for use in carrying out this subsection1 the total amount of funds made available for a fiscal year for grants under this subsection shall be in an amount equal to not more than the sum of-- 7,a7 the product obtained by multiplying-- 7i7 #a_/b cent2 by 7ii7 the number of lunches reimbursed through food service programs under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 during the second preceding fiscal year in schools1 institutions1 and service institutions that participate in the food service programs2 and 7,b7 the total value of funds received by the ,secretary in support of this subsection from nongovernmental sources4 7#e7 ,requirements for ,state participation ,to be eligible to receive a grant under this subsection1 a ,state agency shall submit to the ,secretary a plan that-- 7,a7 is subject to approval by the ,secretary2 and 7,b7 is submitted at such time and in such manner1 and contains such information1 as the ,secretary may require1 including-- 7i7 a description of the goals and proposed ,state plan for addressing the health and other consequences of children who are at risk of becoming overweight or obese2 7ii7 an analysis of the means by which the ,state agency will use and disseminate the team nutrition messages and material to children and1 if appropriate1 the families of the children2 7iii7 an explanation of the ways in which the ,state agency will use the funds from the grant-- 7,i7 to work toward the goals required under clause 7i72 and 7,,ii7 to promote healthy eating and physical activity and fitness in schools throughout the ,state2 7iv7 a description of the ways in which the ,state team nutrition network messages and activities will be coordinated at the ,state level with other health promotion and education activities2 7v7 a description of the consultative process that the ,state agency employed in the development of the model nutrition and physical activity programs1 including consultations with individuals and organizations with expertise in promoting public health1 nutrition1 or physical activity2 7vi7 a description of how the ,state agency will evaluate the effectiveness of each program developed by the ,state agency2 7vii7 an annual summary of the team nutrition network activities2 7viii7 a description of the ways in which the total school environment will support healthy eating and physical activity2 and 7ix7 a description of how all communications to parents and legal guardians of students who are members of a household receiving information under the program shall be made-- 7,i7 in an understandable and uniform format2 and 7,,ii7 to the maximum extent practicable1 in a language that parents and legal guardians can understand4 7#f7 ,state coordinator ,each ,state that receives a grant under this subsection shall appoint a team nutrition network coordinator1 who shall-- 7,a7 administer and coordinate the team nutrition network within and across schools1 school food authorities1 families1 and other child nutrition program providers in the ,state2 and 7,b7 coordinate activities of the ,secretary1 acting through the ,food and ,nutrition ,service1 and ,state agencies responsible for other children's health1 education1 and wellness programs to implement a comprehensive1 coordinated team nutrition network program and educational programming4 7#g7 ,authorized activities ,a ,state agency that receives a grant under this section may use funds from the grant-- 7,a7 to identify the programs and services available to meet the needs of children and youth in the ,state who are overweight1 physically inactive1 or otherwise suffering from nutrition-related deficiencies or disease conditions2 7,b7 to implement model elementary and secondary education curricula using team nutrition network messages and material to create a comprehensive1 coordinated nutrition and physical fitness awareness and obesity prevention program2 7,c7 to implement pilot projects in schools to promote physical activity and to enhance the nutritional status of students2 7,d7 to improve access to local foods through coordinating with farm to school grant activities that include the provision of nutrition education2 7,e7 to implement ,state guidelines in health 7including nutrition education and physical education guidelines7 and to emphasize regular physical activity during school hours2 7,f7 to establish healthy eating and lifestyle policies in schools2 7,g7 to provide training and technical assistance to teachers and school food service professionals consistent with the purposes of this subsection2 or 7,h7 to collaborate with public and private organizations1 including community-based organizations1 ,state medical1 pediatric1 and dietetic associations1 and public health groups1 to develop and implement nutrition and physical education programs targeting lower-income children1 ethnic minorities1 and youth at a greater risk for obesity4 2 7#d7 by striking subsections 7d7 through 7g7 and 7k72 7#e7 by redesignating subsections 7h7 through 7j7 and 7l7 as subsections 7d7 through 7f7 and 7g71 respectively2 7#f7 in subsection 7d7 7as so redesignated7-- 7,a7 in the subsection heading1 by inserting education after nutrition2 and 7,b7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by striking and at the end2 and 7,,ii7 by adding at the end the following3 7iii7 incorporate nutrition education into academic instruction 7including science1 ,english1 and math71 physical and health education1 and afterschool programs1 including athletics2 and 2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking clause 7iv72 7,,ii7 in clause 7vii71 by striking a variety of healthy foods and all that follows through fruit bars and inserting a variety of healthy foods through new initiatives to creatively market such foods2 7,,iii7 in clause 7viii71 by striking low-fat and nutrient dense and inserting healthy2 and 7,,iv7 by redesignating clauses 7v7 through 7ix7 as clauses 7iv7 through 7viii71 respectively2 7#g7 in subsection 7e7 7as so redesignated71 by striking may provide for technical assistance and grants and inserting shall provide for technical assistance2 and 7#h7 by adding at the end the following3 7h7 ,review 7#a7 ,study ,the ,secretary shall select1 through a competitive process1 and offer to enter into an agreement with an independent entity in the private sector that has recognized credentials and expertise in nutrition education-- 7,a7 to conduct a study on the effectiveness and level of coordination between nutrition education in the child nutrition programs and other programs implemented by the ,federal ,government that include nutrition education2 and 7,b7 to develop recommendations to encourage innovative partnerships and community initiatives to identify creative ways to deliver nutrition education in ,federal nutrition assistance programs in order to enhance the impact of the programs4 7#b7 ,report to ,congress ,not later than #b years after the date of enactment of the ,improving ,child ,nutrition ,integrity and ,access ,act of #bjaf1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes-- 7,a7 a summary of the study conducted under paragraph 7#a72 7,b7 any findings and recommendations made as part of the study2 7,c7 a plan for disseminating best practices for nutrition education delivery to ,state agencies2 and 7,d7 any policy recommendations1 and corresponding legislative recommendations if needed1 to maximize the coordination and effectiveness of ,federal programs that include nutrition education4 4 ,,iii ,miscellaneous #cja4 ,reviews 7a7 ,tribal foods 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall review-- 7,a7 the barriers to including tribally produced1 traditional1 and culturally appropriate foods in child nutrition programs 7as defined in subparagraphs 7,a7 through 7,e7 of section #be7;b77#a7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi;f7b77#a77 within all forms of tribal schools2 and 7,b7 the means of encouraging and assisting enhanced inclusion of foods described in subparagraph 7,a7 in child nutrition programs4 7#b7 ,scope ,in carrying out the review described in paragraph 7#a71 the ,secretary shall-- 7,a7 survey and compile resources of the ,department of ,agriculture on the issue described in paragraph 7#a77;,a72 7,b7 clarify relevant ,federal regulations governing schools and tribal producers1 including regulations relating to procurement1 reimbursement1 and food safety2 7,c7 involve all relevant agencies1 including the ,food and ,nutrition ,service and ,office of ,tribal ,relations of the ,department of ,agriculture2 and 7,d7 submit to ,congress a report describing the results of the review4 7b7 ,use of program data 7#a7 ,in general ,the ,secretary1 jointly with the ,secretary of ,education1 shall-- 7,a7 review information regarding available alternative data sets for use in programs that are using free and reduced price meals data2 and 7,b7 determine the appropriateness of using such alternative data sets in place of free and reduced price meal program data by other programs to reduce the burden on local school food authorities4 7#b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the results of the review and any recommendations of the ,secretaries4 7c7 ,crediting and labeling program 7#a7 ,in general ,the ,secretary shall review and update the system of crediting and the voluntary child nutrition labeling program used in administering-- 7,a7 the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 and 7,b7 the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 7#b7 ,scope ,the review described in paragraph 7#a7 shall include-- 7,a7 the treatment of food products within previously established food categories and new products that have entered the commercial marketplace since the system of crediting and the voluntary child nutrition labeling program were developed2 and 7,b7 the timeliness in which applications for labels under the voluntary child nutrition labeling program are reviewed and are granted or denied4 7#c7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the results of the review and any recommendations of the ,secretary4 7d7 ,nutritional analysis ,the ,secretary shall-- 7#a7 review the practicability and feasibility of-- 7,a7 conducting a nutritional analysis1 using publicly and commercially available nutritional information1 of food products that are voluntarily submitted for use in child nutrition programs1 outside of the reimbursable school meal2 and 7,b7 aggregating and making publicly available the information obtained through that nutritional analysis for use by school food authorities1 food manufacturers1 and other interested parties2 and 7#b7 if found practicable and feasible1 proceed with the analysis1 aggregation1 and public availability4 7e7 ,unlawful activity 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall review-- 7,a7 the number of instances and types of unlawful activity that have occurred in the past #c years1 including instances of fraud1 bid-rigging1 and any other anticompetitive activities carried out in connection with supplying1 providing1 or selling goods or services for a program under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 or the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq472 and 7,b7 the practices and procedures currently used by the ,department of ,agriculture to prevent unlawful activity described in subparagraph 7,a74 7#b7 ,secretarial response ,following completion of the review described in paragraph 7#a71 the ,secretary shall respond1 if appropriate1 by taking action to reduce such unlawful activity1 including-- 7,a7 revising any relevant guidance and regulations2 7,b7 issuing fines authorized under subsection 7g7 of section #be of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi;f7 7as amended by section #aae72 and 7,c7 submitting to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate recommendations for any legislative changes needed to enhance program oversight4 7#c7 ,scope ,the actions described in paragraph 7#b7 shall be designed to reduce-- 7,a7 anticompetitive activities1 including bid-rigging1 price-fixing1 the allocation of customers between competitors1 or other violation of ,federal or ,state antitrust laws2 7,b7 fraud1 bribery1 theft1 forgery1 or embezzlement2 7,c7 knowingly receiving stolen property2 7,d7 making a false claim or statement2 or 7,e7 any other obstruction of justice4 7f7 ,review of existing research and recommendation for future program evaluation 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall collect and review any existing research and scientific literature that provides an assessment of the effects that the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc7 are having on reducing food insecurity and increasing positive health outcomes4 7#b7 ,purpose ,the purpose of the review described in paragraph 7#a7 shall be to evaluate the current state of credible information and accompanying data regarding the collective impact that the programs described in that paragraph are having on the food security and health of program participants4 7#c7 ,report ,not later than #fj days after completing the review described in paragraph 7#a71 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate-- 7,a7 a report that describes the results of the review1 including any gaps in research2 and 7,b7 after consulting with stakeholders1 a recommendation for what legislative action and additional resources are necessary for a comprehensive evaluation of-- 7i7 whether the programs described in paragraph 7#a7 are reducing food insecurity and increasing positive health outcomes2 and 7ii7 what research is needed to make policy recommendations that will enable the programs to better meet the stated purpose of the programs4 7g7 ,lactation resources ,to the extent practicable1 the ,secretary shall-- 7#a7 review the current use of certified lactation consultants in local agencies operating the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf72 and 7#b7 encourage the additional use of certified lactation consultants in local agencies wherever possible4 7h7 ,infant formula ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 review the current regulations regarding caloric density standards for infant formula made available in the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf72 and 7#b7 as appropriate1 update the regulations based on the most recent scientific knowledge available4 7i7 ,fluid milk 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall incorporate into the review conducted under section #ag7;f77#aa77;,c7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7;f77#aa77;,c771 an examination of criteria relating to fluid milk1 in consideration of the most recent ,dietary ,guidelines for ,americans published under section #cja of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij 7#g ,u4,s4,c4 #ecda74 7#b7 ,rates ,the review shall include examination of the consumption and redemption rates since ,may #e1 #bjad4 #cjb4 ,program delivery 7a7 ,program administration ,the ,secretary shall work with ,states participating in programs authorized under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq47 to encourage-- 7#a7 streamlining of program administration at the ,state level2 7#b7 communication among ,state agencies administering the programs2 and 7#c7 coordination of administration of ,federal benefits at the ,state level to ensure efficiency and improved access to participants4 7b7 ,school food authorities ,nothing in this ,act1 the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq471 or the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq47 precludes the ability of a ,state agency to approve an otherwise eligible and participating charter school or a group of charter schools as a school food authority4 #cjc4 ,product availability 7a7 ,in general ,the ,secretary shall1 to the extent practicable1 make available lactose-free milk with an extended shelf life for use in the commodity distribution program authorized under section #ad of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfb;a74 7b7 ,size and form ,the milk described in subsection 7a7 shall1 to the extent practicable1 be made available in a size and form acceptable for and conducive to consumption by school-aged children4 #cjd4 ,procurement ,in administering the summer food service program for children established under section #ac of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfa7 and the child and adult care food program established under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff71 the ,secretary shall ensure that-- 7#a7 service institutions participating in the programs have flexibility in determining the frequency of procurement and food items included in each solicitation2 and 7#b7 any procurement procedure implemented by a ,state agency is cost effective and efficient in meeting the relevant meal pattern requirements4 #cje4 ,school ,nutrition ,advisory ,committee 7a7 ,establishment ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall establish a ,school ,nutrition ,advisory ,committee 7referred to in this section as the ,committee7 to provide input in administration of the school lunch program authorized under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc7 7referred to in this section as child nutrition programs74 7b7 ,membership 7#a7 ,composition ,the ,committee shall include members appointed by the ,secretary from each of the following stakeholder interests3 7,a7 ,an organization that advocates for consumers on issues relating to health and nutrition4 7,b7 ,an organization that conducts research and advocates on issues relating to child nutrition4 7,c7 ,an organization that advocates for cardiac health4 7,d7 ,a professional organization representing pediatricians4 7,e7 ,a professional organization representing dietitians4 7,f7 ,a trade association representing fruit and vegetable growers4 7,g7 ,a coalition of large urban school food authorities4 7,h7 #b representatives from ,state agencies that administer the child nutrition programs4 7,i7 ,a professional organization representing school food service directors4 7,j7 ,a professional organization representing school board members4 7,k7 ,a council representing large school districts4 7,l7 ,a professional association representing school administrators4 7,m7 ,an entity that processes and manufactures meat products4 7,n7 ,an entity that processes and manufactures dairy products4 7,o7 ,an entity that processes and manufactures grain products4 7,p7 ,an entity that assists suppliers and school food authorities in selling and obtaining food products4 7,q7 ,a school food authority located in each of the #g regions established for activities of the ,food and ,nutrition ,service1 including-- 7i7 #c representatives from districts located in rural areas2 7ii7 #b representatives from districts located in urban areas2 and 7iii7 #b representatives from districts located in urban cluster areas1 as defined by census tract data4 7,r7 ,a council representing public officials who head departments of elementary and secondary education4 7,s7 #b representatives from the technology sector4 7#b7 ,terms ,the ,secretary shall appoint members to serve on the ,committee for staggered terms1 each of #d years duration4 7c7 ,function 7#a7 ,in general ,the ,committee shall-- 7,a7 provide a venue for communication between stakeholders and the ,department of ,agriculture regarding child nutrition programs2 7,b7 give insight into child nutrition program implementation2 7,c7 review and make recommendations to the ,secretary on proposed regulations1 guidance1 and policy development involving child nutrition programs2 and 7,d7 evaluate methods for program and administration improvement of child nutrition programs4 7#b7 ,report ,the ,committee shall submit to the ,secretary1 the ,committee on ,education and the ,workforce of the ,house of ,representatives1 and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate1 an annual report that describes the activities of the ,committee during the previous year4 7d7 ,meetings ,the ,committee shall meet quarterly4 7e7 ,staffing ,the ,secretary shall provide such personnel as may be required to assist the ,committee in carrying out the duties of the ,committee4 7f7 ,termination ,the authority of the ,committee shall terminate on ,september #cj1 #bjbe4 #cjf4 ,paperwork reduction 7a7 ,in general ,for any program authorized under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 or the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq471 the ,secretary shall-- 7#a7 periodically review regulations1 guidance1 and other requirements to evaluate the volume of information required to be reported to the ,department of ,agriculture by program participants2 and 7#b7 if appropriate1 streamline or otherwise reduce any unnecessary or duplicative paperwork1 reporting requirements1 and other administrative burdens while maintaining program integrity4 7b7 ,report ,not later than #c years after the date of enactment of this ,act1 and every #c years thereafter1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition4 and ,forestry of the ,senate a report that describes any action the ,secretary has taken under subsection 7a7 during the preceding #c calendar years4 #cjg4 ,technology 7a7 ,use of technology ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 review the current use of technology in the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc72 7#b7 identify opportunities in which enhanced use of technology would reduce the rate of errors in administration of the programs by ,state agencies and local educational agencies2 and 7#c7 encourage ,state agencies and local educational agencies to use technology in the areas identified under paragraph 7#b74 7b7 ,identification ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 review the feasibility and evaluate the benefits of using a unique student identifier in the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc72 7#b7 submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report describing the results of the review under paragraph 7#a72 and 7#c7 initiate implementation of a system for using a unique student identifier1 unless implementation is not in the best interest of the programs described in paragraph 7#a74 #cjh4 ,program improvement 7a7 ,standardization 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall review current practice and standardize the process 7including forms7 for administrative reviews1 applications 7including online applications71 and claim reimbursement for the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 7#b7 ,application forms ,in carrying out paragraph 7#a71 the ,secretary shall-- 7,a7 review the most current application forms1 including paper and online forms1 used to apply for participation in the school lunch program and school breakfast program2 7,b7 provide guidance to ,states relating to best practices1 including a standard paper and online application form for use by local educational agencies2 and 7,c7 provide guidance to ,states relating to how to improve applications to ensure families understand the process for enrollment in the school lunch program and the school breakfast program4 7b7 ,software approval 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall develop a process to review and approve software used by local educational agencies relating to free and reduced price meal applications and claim reimbursement for the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 7#b7 ,scope ,in carrying out the process described in paragraph 7#a71 the ,secretary shall-- 7,a7 develop and publish standards that software must meet to gain the approval of the ,secretary1 taking into consideration existing software being used by ,states and local educational agencies2 and 7,b7 ensure that any standards developed will promote-- 7i7 consistency in reporting processes2 and 7ii7 data compatibility and transferability between ,states and local educational agencies4 #cji4 ,flexibility in school meal programs 7a7 ,review 7#a7 ,in general ,not later than ,july #a1 #bjai1 the ,secretary shall contract with a qualified independent entity to conduct a review of the nutrition standards for sodium in the final rule of the ,secretary entitled ,nutrition ,standards in the ,national ,school ,lunch and ,school ,breakfast ,programs 7#gg ,fed4 ,reg4 #djhh 7,january #bf1 #bjab774 7#b7 ,scope ,the review described in paragraph 7#a7 shall include an assessment of-- 7,a7 the impact of the rule on-- 7i7 student participation rates in the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc72 7ii7 food costs2 7iii7 food safety2 7iv7 food service operations2 and 7v7 marketplace availability of products that meet the nutrition standards specified in the rule2 and 7,b7 whether the latest scientific research indicates that further reduction in sodium is necessary to safeguard the health of children4 7#c7 ,completion date ,the ,secretary shall ensure that the review described in paragraph 7#a7 is completed not later than ,july #a1 #bjbj4 7#d7 ,progress report ,not later than ,january #a1 #bjbj1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report on the status of the review described in paragraph 7#a71 including preliminary results from the review4 7b7 ,regulations 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall update regulations regarding nutrition standards for whole grains and sodium in the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc7 to improve program administration4 7#b7 ,procedure ,the update described in paragraph 7#a7 shall be made without regard to-- 7,a7 the notice and comment provisions of section #eec of title #e1 ,united ,states ,code2 and 7,b7 chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act74 7c7 ,interagency cooperation 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish an interagency working group to issue guidance regarding the safe and effective provision of fruits and vegetables in the school meal programs authorized under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq474 7#b7 ,membership ,the interagency working group described in paragraph 7#a7 shall include representatives of-- 7,a7 the ,department of ,agriculture2 and 7,b7 the ,centers for ,disease ,control and ,prevention4 7d7 ,advisory panel 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish an advisory panel to consider issues and develop policy recommendations for the sale of foods outside of the reimbursable meals in the school meal programs authorized under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq474 7#b7 ,membership ,the advisory panel described in paragraph 7#a7 shall include representation from-- 7,a7 an organization that conducts advocacy on issues relating to health and nutrition2 7,b7 a professional organization that represents school food service directors2 7,c7 entities that process or manufacture products for use in the school meal programs2 and 7,d7 an organization that conducts research and advocacy on issues related to child nutrition4 7#c7 ,nonapplicability ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the panel described in paragraph 7#a74 7#d7 ,report ,not later than #cj days after the date on which members are appointed to the panel1 the panel shall submit to the ,secretary1 the ,committee on ,education and the ,workforce of the ,house of ,representatives1 and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report describing the recommendations described in paragraph 7#a74 #caj4 ,technical corrections 7a7 ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#a7 ,the ,richard ,b4 ,russell ,national ,school ,lunch ,act is amended in sections #d1 #i1 #i;,a1 #ab1 #ai1 #bc1 #bd1 and #be 7#db ,u4,s4,c4 #agec1 #ageh1ageh;b1 #agfj1 #agif;a1 #agfi;d1 #agfi;e1 #agfi;f7 by striking ,committee on ,education and ,labor each place it appears and inserting ,committee on ,education and the ,workforce4 7#b7 ,section #i of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7 is amended-- 7,a7 by striking foster child each place it appears and inserting foster youth2 and 7,b7 in subsection 7b77#e77;,b71 by striking 7#db ,u4,s4,c4 #aadcd;a7#b77 and inserting 7#db ,u4,s4,c4 #aadcd;a7#b7774 7#c7 ,section #aa7;a77#c7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agei;a7a77#c77 is amended-- 7,a7 in subparagraph 7,a71 in the matter preceding clause 7i7 by striking ,july #a1 #aihb1 and on each subsequent ,july #a and inserting ,february #ae of the prior school year2 and 7,b7 in subparagraph 7,b77iii71 by striking each subsequent ,july #a and inserting each subsequent ,february #ae4 7#d7 ,section #ab of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7 is amended-- 7,a7 in subsection 7d77#c71 by striking ,u4,s4,c and inserting ,u4,s4,c42 7,b7 in subsection 7m77#b71 in the paragraph heading1 by striking american and inserting ,american2 and 7,c7 in subsection 7n7-- 7i7 in paragraph 7#c71 in the paragraph heading1 by striking hawaii and inserting ,hawaii2 and 7ii7 in paragraph 7#d71 in the paragraph heading1 by striking puerto rico and inserting ,puerto ,rico4 7#e7 ,section #ad7;c7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfb;a7c77 is amended-- 7,a7 by striking section #caa7;a77#d7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcj7;a77#d77 and inserting section #caa7;c77#d7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcj;a7c77#d772 and 7,b7 by striking 7#db ,u4,s4,c4 #cjcj7;b77#a77 and inserting 7#db ,u4,s4,c4 #cjcj;a7b77#a774 7#f7 ,section #ag7;f77#c77;,a77ii7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7;f77#c77;,a77ii77 is amended-- 7,a7 in the clause heading1 by striking ,tier i and inserting ,tier ,i2 and 7,b7 in subclause 7,i71 in the subclause heading1 by striking tier i and inserting tier ,i4 7b7 ,child ,nutrition ,act of #aiff 7#a7 ,the ,child ,nutrition ,act of #aiff is amended in sections #aj and #ag 7#db ,u4,s4,c4 #aggi1 #aghf7 by striking ,committee on ,education and ,labor each place it appears and inserting ,committee on ,education and the ,workforce4 7#b7 ,section #g7;a77#b77;,b77i7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggf7;a77#b77;,b77i77 is amended by striking clause 7ii7 and inserting clause 7ii774 7#c7 ,section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7 is amended-- 7,a7 in subsection 7b77#ba71 in the paragraph heading1 by striking indian or native and inserting ,indian or ,native2 7,b7 in subsection 7h7-- 7i7 in paragraph 7#d7-- 7,i7 in subparagraph 7,a77vi71 by striking and at the end2 and 7,,ii7 in subparagraph 7,c77iv71 by striking 2 and at the end and inserting a period2 7ii7 in paragraph 7#e77;,d71 in the subparagraph heading1 by striking indian or native and inserting ,indian or ,native2 and 7iii7 in paragraph 7#h77;,a77iv7-- 7,i7 in the clause heading1 by striking state and inserting ,state2 and 7,,ii7 in subclause 7,,iii71 in the subclause heading1 by striking state agencies and indian state agencies and inserting ,state agencies and ,indian ,state agencies2 and 7,c7 in paragraph 7#f77;,c77iv7 of subsection 7l7 7as redesignated by section #bjd7;a77#i771 by striking 7,g77i7 each place it appears and inserting 7,f77i74 ,july #f1 #bjaf,read twice and placed on the calendar