Child Nutrition Amendments of 1980

Summary

Child Nutrition Amendments of 1980 - Amends the National School Lunch Act to reduce the national average payment by two and one half cents to any school authority in which less than 75 percent of the children participating in the program received free or reduced-price lunches. Modifies the formula for determining the amount of direct Federal expenditures for carrying out this Act and the Child Nutrition Act of 1966. Prohibits the Secretary of Agriculture from offering commodity assistance based on the number of breakfasts served under the school breakfast program for the school year ending June 30, 1981. Authorizes the Secretary, in subsequent years, to donate foods in an amount of three cents per school breakfast. Requires the modification of such amount to reflect changes in the Consumer Price Index for Food Used in Schools and Institutions. Requires all students in any grade level in any junior high school or middle school which participates in the school lunch program to accept offered foods. Requires each school participating in such program to offer no less than two alternative food choices for each of the five food items contained within the four food components of the school lunch program. Requires at least one of the two alternative choices of milk items to be whole milk. Establishes income guidelines for free lunches at 15 percent (rather than 25 percent) above the applicable family size income levels in the income poverty guidelines prescribed by the Secretary. Prescribes such income guidelines for reduced-price lunches at 75 percent (rather than 95 percent) above the income poverty guidelines prescribed by the Secretary. Directs the Secretary to allow a standard deduction of $60 a month for each household in computing household income in all but specified States. Requires the annual adjustment of such deduction to reflect changes in the Consumer Price Index of the Bureau of Labor Statistics for items other than food. Directs the Secretary to annually prescribe the adjustments in the national average rates for lunches and the special-assistance factor for lunches served under the National School Lunch Act and in the national average rates for breakfasts served under the Child Nutrition Act of 1966. Requires each State educational agency to set forth its plan of statewide breakfast program targeted outreach to low-income areas within its required plan of child nutrition operations. Requires the listing of schools participating in the food service equipment assistance program. Requires that school food program agreements signed by State educational agencies and each school food authority that operates the school lunch program list the schools which will initiate the breakfast program and the schools which provide 25 percent or more of their lunches free or at reduced-cost. Requires such lists to be made available to the public. Requires the State education agency to visit at least one-third of a State's needy nonimplementation schools. Directs the State educational agency to prepare and disseminate posters and leaflets about the school breakfast program, including multi-lingual materials when necessary. Requires such agency to conduct public hearings before submitting the State plan of child nutrition operations to the Governor. Excludes Job Corps Centers from the definition of "school" for the purposes of the National School Lunch Act. Permits the Secretary to make adjustments for the differences in food program costs for participating States and territories not a part of the continental United States. Requires claims for reimbursement for meals served under the National School Lunch Act or the Child Nutrition Act of 1966 to be submitted to the State agency within a specified period of time. Permits private nonprofit service institutions to participate in the summer food service program for children only if there are no applications pending from a school or another service institution to serve children in the same geographical area. Requires a school given funding priority by a State under such program to notify such State by a specified date as to whether such school desires to operate such program. Directs the State to select an appropriate service institution to operate such program as specified. Directs each State to conduct active outreach efforts to identify institutions eligible to participate in such program in areas with large concentrations of low-income families. Permits any service institution to serve lunch and either breakfast or a supplement (rather than three meals, including a supplement) each day of operation. Permits any service institution which is a camp or which serves meals primarily to migrant children to serve up to four meals per day of operation. Authorizes service institutions to use a preapproved portion of the available reimbursement for the operating and administrative expenses of such program, as specified. Directs the Secretary to make available to States administering such program an amount of up to two percent of the funds expended by each State in the program for the purpose of conducting audits. Sets forth a formula for determining payments to each State for administrative costs. Sets forth the recordkeeping requirements for States and service institutions participating in such program. Authorizes appropriations for the summer program through fiscal year 1984. Authorizes appropriations for the commodity distribution program through fiscal year 1984. Requires each State agency that distributes such commodities and other foods to schools under such program to establish procedures to permit a school to receive the desired amounts and types of commodity assistance. Allows the delivery of alternative commodities when available. Reduces the number of members on the National Advisory Council on Child Nutrition from 19 to 18. Sets forth the required credentials for specified members of such Council. Requires the Council to submit to the President and to Congress a biennial rather than an annual report. Directs the Secretary to adjust annually (rather than semiannually) the national average payment rate to the States for the child care food program. Requires that the average payment rate for supplements be three cents lower than such adjustment. Requires the Secretary to use appropriate bilingual materials to perform outreach and train local administrative personnel. Reduces the amount available to the Secretary to provide equipment assistance to enable institutions to establish, maintain, and expand the child care food program. Permits the Secretary to establish special procedures for the conduct of audits of participating institutions. Authorizes the Secretary to require each State to establish a standard form of contract for use by institutions in purchasing meals. Amends the Child Nutrition Act of 1966 to establish the rate of reimbursement at five cents per half-pint of milk served to children not eligible for free milk under the special milk program. Entitles any school to additional assistance when the appropriate State educational agency determines that not less than 40 percent of such school's lunches were served free or at a reduced price, the rate per meal established by the Secretary is insufficient, and not less than 25 percent of those receiving such assistance for lunch also participated in the school breakfast program. Permits the State agency to deny such assistance to any school food authority if such authority qualified as a result of the termination of a program at one of its schools. Requires a school governing authority to hold public hearings if it refuses to implement a school breakfast program in any school year in which not less than ten percent of the parents of children enrolled request such a program. Reduces the authorization of appropriations for the food service equipment assistance program. Reserves to the Secretary 40 percent of such funds to assist schools without a food service program or the facilities to prepare or receive hot meals, through fiscal year 1984. Directs the Secretary to reapportion unused funds. Directs the Secretary to allocate funds for State administrative expenses to the agencies responsible for the administration of the programs authorized under the National School Lunch Act and the Child Nutrition Act of 1966, excepting the special supplemental food program. Permits the States to use the allocated funds as needed in meeting the administrative costs of such programs. Excludes Job Corps Centers from the definition of "school" for the purposes of the Child Nutrition Act of 1966. Grants the Secretary the power to determine the amount of and to settle and adjust any claim arising under the provisions of such Acts. Extends the authorization of appropriations for the special supplemental food program. Requires that organizations and professionals with a demonstrated interest in the special supplemental food program be notified by the State agency of the public hearings held before such agency submits its plan of operation and administration for such program to the Governor of such State. Requires each State agency to set-aside special supplemental food program funds in amounts sufficient to serve migrant farmworkers who reside or are or will be employed in the State. Permits such agencies to make funds available to local agencies which intend to initiate such programs in areas in which large numbers of migrant farmworkers reside or are employed. Directs the Secretary to evaluate State projections of the amount of funds required to provide services to such workers. Requires the State to conduct outreach services in such areas. Requires nutrition education materials to be responsive to the cultural, ethnic, and language needs of persons eligible for program services. Extends the authorization of appropriations for State administrative expenses and nutrition education. Permits the Secretary to make additional amounts available to the States based on the number of local agencies serving migrant farmworkers and the number of such farmworkers served. Requires the State agency to advance funding for administrative expenses to specified local agencies. Requires the Secretary to consider changes in the flow of the migrant stream from one State to another when reallocating unspent program funds. Requires each State to use bilingual materials for outreach and informational services where appropriate. Requires the State coordinator to hold public hearings or establish an advisory council to participate in the development of the State plan for nutrition education. Requires each State educational agency to submit such plan to the Secretary for approval and to include a description of plans to publicize the availability of grants and contracts and activities to be undertaken in the plan year. Requires school food authorities and institutions which operate any of such programs to promote activities to involve students and parents in such programs. Requires that, beginning July 1, 1980, the national average value of donated foods or cash payments in lieu thereof for the school lunch program be adjusted annually based on changes in the Consumer Price Index for Food Used in Schools and Institutions. Reduces the national average value of donated foods or such cash payments by two cents, effective July 1, 1981. Limits Federal reimbursement to school food authorities to an amount not to exceed the combined cost of operating both the lunch and breakfast programs. Alters the formula for determining the amount of special assistance payments. Directs the Secretary to promulgate regulations for implementing this Act, with certain time restrictions.

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3 official files

• Indefinitely postponed in Senate

  summary · EN · 25 July 1980

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 26 June 1980

  Open at official source

• Introduced in Senate

  summary · EN · 7 May 1980

  Open at official source

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