CHILD AND ADULT CARE FOOD PROGRAM

SEC. 107. CHILD AND ADULT CARE FOOD PROGRAM (a) Eligibility of Institutions.— Section 17(a) of the National School Lunch Act (42 U.S.C. 1766(a)) is amended— (1) in the fourth sentence, by striking “Reimbursement” and inserting “Except as provided in subsection (r), reimbursement”; and (2) in the sixth sentence, by striking paragraph (1) and inserting the following: “(1) an institution (except a school or family or group day care home sponsoring organization) or family or group day care home shall— “(A) (i) be licensed, or otherwise have approval, by the appropriate Federal, State, or local licensing authority; or “(ii) be in compliance with appropriate procedures for renewing participation in the program, as prescribed by the Secretary, and not be the subject of information possessed by the State indicating that the license of the institution or home will not be renewed; “(B) if Federal, State, or local licensing or approval is not available— “(i) meet any alternate approval standards established by the appropriate State or local governmental agency; or “(ii) meet any alternate approval standards established by the Secretary after consultation with the Secretary of Health and Human Services; or “(C) if the institution provides care to school children outside of school hours and Federal, State, or local licensing or approval is not required for the institution, meet State or local health and safety standards; and”. 112 STAT. 3150 (b) Automatic Eligibility for Even Start Program Participants.— Section 17(c)(6) of the National School Lunch Act (42 U.S.C. 1766(c)(6)) is amended— (1) in subparagraph (A), by striking “(A)”; and (2) by striking subparagraph (B). (c) Periodic Site Visits.— Section 17(d) of the National School Lunch Act (42 U.S.C. 1766(d)) is amended— (1) in the second sentence of paragraph (1), by inserting after “if it” the following: “has been visited by a State agency prior to approval and it”; and (2) in paragraph (2)(A)— (A) by striking “that allows” and inserting “that— “(i) allows”; (B) by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(ii) requires periodic site visits to private institutions that the State agency determines have a high probability of program abuse.”. (d) Tax Exempt Status and Removal of Notification Requirement for Incomplete Applications.— Section 17(d)(1) of the National School Lunch Act (42 U.S.C. 1766(d)(1)) is amended— (1) by inserting after the third sentence the following: “An institution moving toward compliance with the requirement for tax exempt status shall be allowed to participate in the child and adult care food program for a period of not more than 180 days, except that a State agency may grant a single extension of not to exceed an additional 90 days if the institution demonstrates, to the satisfaction of the State agency, that the inability of the institution to obtain tax exempt status within the 180-day period is due to circumstances beyond the control of the institution.”; and (2) by striking the last sentence. (e) Use of Funds for Audits.— Section 17(i) of the National School Lunch Act (42 U.S.C. 1766(i)) is amended by striking “2 percent” and inserting “1.5 percent (except, in the case of each of fiscal years 2005 through 2007, 1 percent)”. (f) Permanent Authorization of Demonstration Project.— Section 17(p) of the National School Lunch Act (42 U.S.C. 1766(p)) is amended by striking paragraphs (4) and (5). (g) Management Support.— Section 17 of the National School Lunch Act (42 U.S.C. 1766) is amended by adding at the end the following: “(q) Management Support.— “(1) Technical and training assistance.— In addition to the training and technical assistance that is provided to State agencies under other provisions of this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary shall provide training and technical assistance in order to assist the State agencies in improving their program management and oversight under this section. “(2) Funding.— For each of fiscal years 1999 through 2003, the Secretary shall reserve to carry out paragraph (1) $1,000,000 of the amounts made available to carry out this section.”. (h) Participation by At-Risk Child Care Programs.— Section 17 of the National School Lunch Act (42 U.S.C. 1766), as amended 112 STAT. 3151by subsection (g), is further amended by adding at the end the following: “(r) Program for At-Risk School Children.— “(1) Definition of at-risk school child.— In this subsection, the term ‘at-risk school child’ means a school child who— “(A) is not more than 18 years of age, except that the age limitation provided by this subparagraph shall not apply to a child described in section 12(d)(1)(A); and “(B) participates in a program authorized under this section operated at a site located in a geographical area served by a school in which at least 50 percent of the children enrolled are certified as eligible to receive free or reduced price school meals under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). “(2) Participation in child and adult care food program.— An institution may participate in the program authorized under this section only if the institution provides supplements under a program— “(A) organized primarily to provide care to at-risk school children during after-school hours, weekends, or holidays during the regular school year; and “(B) with an educational or enrichment purpose. “(3) Administration.— Except as otherwise provided in this subsection, the other provisions of this section apply to an institution described in paragraph (2). “(4) Supplement reimbursement.— “(A) Limitations.— An institution may claim reimbursement under this subsection only for— “(i) a supplement served under a program organized primarily to provide care to at-risk school children during after-school hours, weekends, or holidays during the regular school year; and “(ii) one supplement per child per day. “(B) Rate.— A supplement shall be reimbursed under this subsection at the rate established for a free supplement under subsection (c)(3). “(C) No charge.— A supplement claimed for reimbursement under this subsection shall be served without charge.”. (i) WIC Information.— Section 17 of the National School Lunch Act (42 U.S.C. 1766), as amended by subsection (h), is further amended by adding at the end the following: “(s) Information Concerning the Special Supplemental Nutrition Program for Women, Infants, and Children.— “(1) In general.— The Secretary shall provide each State agency administering a child and adult care food program under this section with information concerning 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). “(2) Requirements for state agencies.— Each State agency shall ensure that each participating family and group day care home and child care center (other than an institution providing care to school children outside school hours)— “(A) receives materials that include— 112 STAT. 3152 “(i) a basic explanation of the importance and benefits of the special supplemental nutrition program for women, infants, and children; “(ii) the maximum State income eligibility standards, according to family size, for the program; and “(iii) information concerning how benefits under the program may be obtained; “(B) receives periodic updates of the information described in subparagraph (A); and “(C) provides the information described in subparagraph (A) to parents of enrolled children at enrollment.”. (j) Transfer of Homeless Programs.— (1) In general.— Section 17 of the National School Lunch Act (42 U.S.C. 1766), as amended by subsection (i), is further amended by adding at the end the following: “(t) Participation by Emergency Shelters.— “(1) Definition of emergency shelter.— In this subsection, the term ‘emergency shelter’ means— “(A) an emergency shelter (as defined in section 321 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11351)); or “(B) a site operated by the shelter. “(2) Administration.— Except as otherwise provided in this subsection, an emergency shelter shall be eligible to participate in the program authorized under this section in accordance with the terms and conditions applicable to eligible institutions described in subsection (a). “(3) Licensing requirements.— The licensing requirements contained in subsection (a)(1) shall not apply to an emergency shelter. “(4) Health and safety standards.— To be eligible to participate in the program authorized under this section, an emergency shelter shall comply with applicable State or local health and safety standards. “(5) Meal or supplement reimbursement.— “(A) Limitations.— An emergency shelter may claim reimbursement under this subsection— “(i) only for a meal or supplement served to children residing at an emergency shelter, if the children are “(I) not more than 12 years of age; “(II) children of migrant workers, if the children are not more than 15 years of age; or “(III) children with disabilities; and “(ii) for not more than 3 meals, or 2 meals and a supplement, per child per day. “(B) Rate.— A meal or supplement eligible for reimbursement shall be reimbursed at the rate at which free meals and supplements are reimbursed under subsection (c). “(C) No charge.— A meal or supplement claimed for reimbursement shall be served without charge.”. (2) Conforming amendments.— (A) Section 13(a)(3)(C) of the National School Lunch Act (42 U.S.C. 1761(a)(3)(C)) is amended— (i) in clause (i), by adding “or” at the end; (ii) by striking clause (ii); and 112 STAT. 3153 (iii) by redesignating clause (iii) as clause (ii). (B) Section 17(a) of the National School Lunch Act (42 U.S.C. 1766(a)) is amended in the third sentence— (i) by striking “and public” and inserting “public”; and (ii) by inserting before the period at the end the following: “, and emergency shelters (as provided in subsection (t))”. (C) (i) Section 17B of the National School Lunch Act (42 U.S.C. 1766b) is repealed. (ii) Section 25(b)(1) of the National School Lunch Act (42 U.S.C. 1769f(b)(1) is amended— (I) by striking subparagraph (D); and (II) by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively. (3) Technical amendments.— (A) Section 12(d) of the National School Lunch Act (42 U.S.C. 1760(d)) is amended— (i) in paragraph (1)(A), by striking “mental or physical” each place it appears; and (ii) by adding at the end the following: “(8) Disability.— The term ‘disability’ has the meaning given the term in the Rehabilitation Act of 1973 for purposes of title II of that Act (29 U.S.C 760 et seq.).”. (B) Section 13(a)(1) of the National School Lunch Act (42 U.S.C. 1761(a)(1)) is amended in subparagraph (D) of the second sentence— (i) in clause (i), by striking “to be mentally or physically handicapped” and inserting “to have a disability”; and (ii) in clause (ii), by striking “the mentally or physically handicapped” and inserting “individuals who have a disability”. (C) Section 17(a) of the National School Lunch Act (42 U.S.C. 1766(a)) is amended by striking “handicaps” each place it appears and inserting “disabilities”. (D) Section 15 of the Child Nutrition Act of 1966 (42 U.S.C. 1784) is amended— (i) in paragraph (6), by striking “mental or physical handicaps” each place it appears and inserting “disabilities”; and (ii) by adding at the end the following: “(7) Disability.— The term ‘disability’ has the meaning given the term in the Rehabilitation Act of 1973 for purposes of title II of that Act (29 U.S.C 760 et seq.).”. (4) Effective Date.— The amendments made by paragraphs (1) and (2) take effect on July 1, 1999.