Pub. L. 103-448, tit. I, sec. 117
HOMELESS CHILDREN NUTRITION PROGRAM.
SEC. 117. HOMELESS CHILDREN NUTRITION PROGRAM. (a) Homeless Children Nutrition Program.— (1) In general.— The National School Lunch Act is amended by inserting after section 17A (42 U.S.C. 1766a) the following new section: “SEC. 17B. HOMELESS CHILDREN NUTRITION PROGRAM. “(a) In General.— The Secretary shall conduct projects designed to provide food service throughout the year to homeless children under the age of 6 in emergency shelters. “(b) Agreements To Participate in Projects.— “(1) In general.— The Secretary shall enter into agreements with State, city, local, or county governments, other public entities, or private nonprofit organizations to participate m the projects conducted under this section. “(2) Eligibility requirements.— The Secretary shall establish eligibility requirements for the entities described in paragraph (1) that desire to participate in the projects conducted under this section. The requirements shall include the following: “(A) Each private nonprofit organization shall operate not more than 5 food service sites under the project and shall serve not more than 300 homeless children at each such site. “(B) Each site operated by each such organization shall meet applicable State and local health, safety, and sanitation standards. 108 STAT. 4716 “(c) Project Requirements.— “(1) In general.— A project conducted under this section shall— “(A) use the same meal patterns and receive reimbursement payments for meals and supplements at the same rates provided to child care centers participating in the child care food program under section 17 for free meals and supplements; and “(B) receive reimbursement payments for meals and supplements served on Saturdays, Sundays, and holidays, at the request of the sponsor of any such project. “(2) Modification.— The Secretary may modify the meal pattern requirements to take into account the needs of infants. “(3) Homeless children eligible for free meals without application.— Homeless children under the age of 6 in emergency shelters shall be considered eligible for free meals without application. “(d) Funding Priorities.— From the amount described in subsection (g), the Secretary shall provide funding for projects carried out under this section for a particular fiscal year (referred to in this subsection as the ‘current fiscal year’) in the following order of priority, to the maximum extent practicable: “(1) The Secretary shall first provide the funding to entities and organizations, each of which— “(A) received funding under this section or section 18(c) (as in effect on the day before the date of enactment of this section) to carry out a project for the preceding fiscal year; and “(B) is eligible to receive funding under this section to carry out the project for the current fiscal year; to enable the entity or organization to carry out the project under this section for the current fiscal year at the level of service provided by the project during the preceding fiscal year. “(2) From the portion of the amount that remains after the application of paragraph (1), the Secretary shall provide funds to entities and organizations, each of which is eligible to receive funding under this section, to enable the entity or organization to carry out a new project under this section for the current fiscal year, or to expand the level of service provided by a project for the current fiscal year over the level provided by the project during the preceding fiscal year. “(e) Notice.— The Secretary shall advise each State of the availability of the projects conducted under this subsection for States, cities, counties, local governments, and other public entities, and shall advise each State of the procedures for applying to participate in the project. “(f) Plan To Allow Participation in the Child and Adult Care Food Program.— Not later than September 30, 1996, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a plan describing— “(1) how emergency shelters and homeless children who have not attained the age of 6 and who are served by the shelters under the program might participate in the child and adult care food program authorized under section 17 by September 30, 1998; and 108 STAT. 4717 “(2) the advantages and disadvantages of the action described in paragraph (1). “(g) Funding.— “(1) In general.— In addition to any amounts made available under section 7(a)(5)(B)(i)(I) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(5)(B)(i)(I)) and any amounts that are otherwise made available for fiscal year 1995, out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary to carry out this section $1,800,000 for fiscal year 1995, $2,600,000 for fiscal year 1996, $3,100,000 for fiscal year 1997, $3,400,000 for fiscal year 1998, and $3,700,000 for fiscal year 1999 and each succeeding fiscal year. The Secretary shall be entitled to receive the funds and shall accept the funds. “(2) Insufficient number of applicants.—The Secretary may expend less than the amount described in paragraph (1) for a fiscal year if there is an insufficient number of suitable applicants to carry out projects under this section for the fiscal year. Any funds made available under this subsection to carry out the projects for a fiscal year that are not obligated to carry out the projects in the fiscal year shall remain available until expended for purposes of carrying out the projects. “(h) Definition of emergency shelter.— As used in this section, the term ‘emergency shelter’ has the meaning provided the term in section 321(2) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11351(2)).”. (2) Conforming amendments.— (A) National school lunch act.— Section 18 of the National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (c). (B) Child nutrition act of 1966.— Section 7(a)(5)(B)(i)(I)) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(5)(B)(i)(I)) is amended— (i) by striking “projects under section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c))” and inserting “projects under section 17B of the National School Lunch Act”; and (ii) by striking “each of fiscal years 1993 and 1994” each place it appears and inserting “fiscal year 1995 and each subsequent fiscal year”. (b) Demonstration Program for the Prevention of Boarder Babies.— Section 18 of the National School Lunch Act (42 U.S.C. 1769(c)) (as amended by subsection (a)(2)(A)) is further amended by inserting after subsection (b) the following new subsection: “(c) (1) Using the funds provided under paragraph (7), the Secretary shall conduct at least 1 demonstration project through a participating entity during each of fiscal years 1995 through 1998 that is designed to provide food and nutrition services throughout the year to— “(A) homeless pregnant women; and “(B) homeless mothers or guardians of infants, and the children of the mothers and guardians. “(2) To be eligible to obtain funds under this subsection, a homeless shelter, a transitional housing organization, or another entity that provides or will provide temporary housing for individ-108 STAT. 4718uals described in paragraph (1) shall (in accordance with guidelines established by the Secretary)— “(A) submit to the Secretary a proposal to provide food and nutrition services, including a plan for coordinating the services with services provided under the special supplemental nutrition program for women, infants, and children authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); “(B) receive the approval of the Secretary for the proposal; “(C) be located in an urban area that has— “(i) a significant population of boarder babies; “(ii) a very high rate of mortality for children under 1 year of age; or “(iii) a significant population of homeless pregnant women and homeless women with infants; as determined by the Secretary; and “(D) be able to coordinate services provided under this subsection with the services provided by the local government and with other programs that may assist the participants receiving services under this subsection. “(3) Food and nutrition services funded under this subsection— “(A) may include— “(i) meals, supplements, and other food; “(ii) nutrition education; “(iii) nutrition assessments; “(iv) referrals to— “(I) the special supplemental nutrition program for women, infants, and children authorized under section 17 of such Act (42 U.S.C. 1786); “(II) the medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); “(III) the food stamp program established under section 4 of the Food Stamp Act of 1977 (7 U.S.C. 2013); and “(IV) other public or private programs and services; “(v) activities related to the services described in any of clauses (i) through (iv); and “(vi) administrative activities related to the services described in any of clauses (i) through (v); and “(B) may not include the construction, purchase, or rental of real property. “(4) (A) A participating entity shall— “(i) use the same meal patterns, and receive reimbursement payments for meals and supplements at the same rates, as apply to child care centers participating in the child care food program under section 17 for free meals and supplements; “(ii) receive reimbursement payments for meals and supplements served on Saturdays, Sundays, and holidays, at the request of the entity; and “(iii) maintain a policy of not providing services or assistance to pregnant women, or homeless women with infants, who use a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). “(B) The Secretary may modify the meal pattern requirements to take into account the needs of infants, homeless pregnant women,108 STAT. 4719 homeless mothers, guardians of infants, or the children of the women, mothers, or guardians. “(C) The Secretary shall provide funding to a participating entity for services described in paragraph (3) that are provided to individuals described in paragraph (1). “(5) The Secretary shall impose such auditing and record-keeping requirements as are necessary to monitor the use of Federal funds to carry out this subsection. “(6) The Secretary shall notify the Committee on Education and Labor, and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on projects carried out under this subsection. “(7) (A) Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary $400,000 for each of fiscal years 1995 through 1998 to carry out this subsection. The Secretary shall be entitled to receive the funds and shall accept the funds. “(B) Any funds provided under subparagraph (A) to carry out projects under this subsection for a fiscal year that are not obligated in the fiscal year shall be used by the Secretary to carry out the homeless children nutrition program established under section 17B. “(8) As used in this subsection: “(A) The term ‘boarder baby’ means an abandoned infant described in section 103(1) of the Abandoned Infants Assistance Act of 1988 (Public Law 100–505; 42 U.S.C. 670 note). “(B) The term ‘nutrition education’ has the meaning provided in section 17(b)(7) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(7)).”.