EXTENSION OF SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.

SEC. 102. EXTENSION OF SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. (a) In General.— Section 13 of the National School Lunch Act (42 U.S.C. 1761) is amended— (1) in subsection (a)— (A) by amending subparagraph (O of paragraph (3) to read as follows: “(C) (i) conduct a regularly scheduled food service for children from areas in which poor economic conditions exist; “(ii) conduct a regularly scheduled food service primarily for homeless children; or “(iii) qualify as camps; and”; (B) in paragraph (4)— (i) by striking “and” at the end of subparagraph (D); (ii) by striking the period at the end of subparagraph (E) and inserting “; and”; and (iii) by inserting after subparagraph (E) the following new subparagraph: “(F) private nonprofit organizations eligible under paragraph (7).”; (C) in paragraph (7)— (i) by amending subparagraph (A) to read as follows: “(A) Except as provided in subparagraph (O, private nonprofit organizations, as defined in subparagraph (B) (other than organizations eligible under paragraph (1)), shall be eligible for the program under the same terms and conditions as other service institutions.”; (ii) in subparagraph (B)— (I) by amending clause (i) to read as follows: “(i) (I) serve a total of not more than 2,500 children per day at not more than 5 sites in any urban area, with not more than 300 children being served at any 1 site (or, with a waiver granted by the State under standards developed by the Secretary, not more than 500 children being served at any 1 site); or “(II) serve a total of not more than 2,500 children per day at not more than 20 sites in any rural area, with not more than 300 children being served at any 1 site (or, with a waiver granted by the State under standards developed by the Secretary, not more than 500 children being served at any 1 site);”; (II) in clause (ii), by inserting “or a school participating in the school lunch program under this Act” after “university)”; and (III) in clause (v), by inserting “or families” after “children”; and (iii) by adding at the end the following new subparagraph: “(C) (i) Except as provided in clause (ii), no private nonprofit organization (other than organizations eligible under paragraph (1)) may participate in the program in an area where a school food authority or a local, municipal, or county government participated in the program before such organization applied to participate until the expiration of the 1-year period beginning on the date that such school food authority or local, municipal, or county government terminated its participation in the program. “(ii) Clause (i) shall not apply if the appropriate State agency or regional office of the Department of Agriculture (whichever administers the program in the area concerned), after consultation with 103 STAT. 880the school food authority or local, municipal, or county government concerned, determines that such school food authority or local, municipal, or county government would have discontinued its participation in the program regardless of whether a private non-profit organization was available to participate in the program in such area.”; (2) in subsection (c)— (A) by inserting “(1)” after “(c)”; and (B) by adding at the end the following new paragraph: “(2) (A) Notwithstanding any other provision of this Act, any higher education institution that receives reimbursements under the program for meals and meal supplements served to low-income children under the National Youth Sports Program is eligible to receive reimbursements for not more than 2 meals or 1 meal and 1 meal supplement per day for not more than 30 days for each child participating in a National Youth Sports Program operated by such institution during the months other than May through September. The program under this paragraph shall be administered within the State by the same State agency that administers the program during the months of May through September. “(B) Children participating in National Youth Sports Programs operated by higher education institutions, and such higher education institutions, shall be eligible to participate in the program under this paragraph without application. “(C) Higher education institutions shall be reimbursed for meals and meal supplements served under this paragraph— “(i) in the case of lunches and suppers, at the same rates as the payment rates established for free lunches under section 11; and “(ii) in the case of breakfasts or meal supplements, at the same rates as the severe need payment rates established for free breakfasts under section 4 of the Child Nutrition Act of 1966. “(D) (i) Meals for which a higher education Institution is reimbursed under this paragraph shall fulfill the minimum nutritional requirements and meal patterns prescribed by the Secretary— “(I) for meals served under the school lunch program under this Act, in the case of reimbursement for lunches or suppers; and “(II) for meals served under the school breakfast program under section 4 of the Child Nutrition Act of 1966, in the case of reimbursement for breakfasts. “(ii) The Secretary may modify the minimum nutritional requirements and meal patterns prescribed by the Secretary for meals served under the school breakfast program under section 4 of the Child Nutrition Act of 1966 for application to meal supplements for which a higher education institution is reimbursed under this paragraph. “(E) The Secretary shall issue regulations governing the implementation, operation, and monitoring of programs receiving assistance under this paragraph that, to the maximum extent practicable, are comparable to those established for higher education institutions participating in the National Youth Sports Program and receiving reimbursements under the program for the months of May through September.”; 103 STAT. 881 (3) in the first sentence of subsection (1)(1), by inserting “(other than private nonprofit organizations eligible under subsection (a)(7))” after “Service institutions”; (4) by redesignating subsection (p) as subsection (r); (5) by inserting after subsection (o) the following new subsections: “(p) During the fiscal years 1990 and 1991, the Secretary and the States shall carry out a program to disseminate to potentially eligible private nonprofit organizations information concerning the amendments made by the Child Nutrition and WIC Reauthorization Act of 1989 regarding the eligibility under subsection (a)(7) of private nonprofit organizations for the program established under this section. “(q) (1) In addition to the normal monitoring of organizations receiving assistance under this section, the Secretary shall establish a system under which the Secretary and the States shall monitor the compliance of private nonprofit organizations with the requirements of this section and with regulations issued to implement this section. “(2) Application forms or other printed materials provided by the Secretary or the States to persons who intend to apply to participate as private nonprofit organizations shall contain a warning in bold lettering explaining, at a minimum— “(A) the criminal provisions and penalties established by subsection (o); and “(B) the procedures for termination of participation in the program as established by regulations. “(3) The Secretary shall require each State to establish and implement an ongoing training and technical assistance program for private nonprofit organizations that provides information on program requirements, procedures, and accountability. The Secretary shall provide assistance to State agencies regarding the development of such training and technical assistance programs. “(4) In the fiscal year 1990 and each succeeding fiscal year, the Secretary may reserve for purposes of carrying out paragraphs (1) and (3) of this subsection not more than 14 of 1 percent of amounts appropriated for purposes of carrying out this section. “(5) For the purposes of this subsection, the term ‘private non-profit organization’ has the meaning given such term in subsection (a)(T)(B).”; and (6) in subsection (r) (as redesignated by paragraph (4) of this subsection), by striking “For” and all that follows through “1989,” and inserting “For the fiscal year beginning October 1, 1977, and each succeeding fiscal year ending before October 1, 1994,”, (b) Implementation.— (1) In general.— Not later than February 1, 1990, the Secretary of Agriculture shall issue regulations to implement the amendments made by paragraphs (1), (3), (4), and (5) of subsection (a). Notwithstanding the provisions of section 553 of title 5, United States Code, the Secretary of Agriculture may issue such regulations without providing notice or an opportunity for public comment. (2) National youth sports program.— (A) Subparagraphs (A), (B), (C, and (D)(i) of section 13(c)(2) of the National School Lunch Act (as added by subsection (a)(2)(B) of this section) shall be effective as of October 1, 1989. 103 STAT. 882 (B) Not later than February 1, 1990, the Secretary of Agriculture shall— (i) issue final regulations to implement subparagraph (D)(ii) of section 13(c)(2) of the National School Lunch Act (as added by subsection (a)(2)(B) of this section); and (ii) issue final regulations under subparagraph (E) of such section. (3) Extension of authorization.— The amendments made by subsection (a)(6) shall be effective as of October 1, 1989.