National School Lunch Act and Child Nutrition Amendments of 1977

(Conference report filed in House, H. Rept. 95-708)

National School Lunch Act and Child Nutrition Amendments - Amends the National School Lunch Act to limit the sponsorship of summer feeding programs to service institutions which can demonstrate administrative and financial responsibility, which have not been seriously deficient in prior program operation, and which provide a year-round, on-going service to the community. Establishes priorities to be used when competing service institutions apply to serve the same area. Stipulates that participating camps may receive reimbursements only for meals served to children eligible to receive free or reduced price schools meals.

Directs the Secretary of Agriculture to conduct a study of the food service operations carried out under the National School Lunch Act. Specifies factors to be considered in such study. Requires the Secretary to make any necessary changes in the reimbursement levels for operation costs pursuant to such study.

Directs the Secretary to analyze the administrative expenditures to sponsors participating in the program and prescribe maximum levels of reimbursement of such expenditures. Requires the Secretary to report his findings and recommendations to Congress.

Makes financial assistance available to sponsors only for meals served during the months of May through September with certain exceptions made for service institutions developing programs to cover children on school vacations.

Directs the Secretary to forward advance payments to each State. Sets forth a formula for determination of the amounts of such advance payments.

Requires service institutions receiving funds under such Act to serve meals containing a combination of foods and meeting prescribed nutritional standards.

Requires each State to promote meal quality by prescribing model meal specifications and including such specifications in contracts between service institutions and food service management companies. Requires that the meals provided by food service management companies be periodically inspected by local health departments or independent agencies in accordance with local health standards to determine bacterial levels in the meals.

Requires the Secretary to administer the program directly in those States that are either unable to do so or have not operated the program in accordance with the requirements set forth by the Secretary. Modifies the formula for the distribution of administrative funds to the States.

Allows service institutions to contract on a competitive bid basis only with food service management companies registered with the State for the furnishing of meals or management of the entire food service. Prohibits such companies from: (1) subcontracting with a single company for the total meal components; or (2) contracting with another company for the assembly of the complete meal. Requires the State, upon award of a bid, to review the company's capability for delivering additional meals to a sponsor.

Stipulates that a food service management company must register with the administering State agency in order to participate in the program. Sets forth items which such registration statement must include.

Requires the Secretary to maintain records on all registered food service management companies for use by State agencies.

Directs each sponsor to make positive efforts to utilize small and minority owned business as supply sources.

Directs the States to develop a standard form contract for use by sponsors and food service management companies.

Requires the keeping of such records and accounts as may be necessary to enable the Secretary to determine whether the States, State agencies, and sponsors are in compliance with such Act.

Directs each State desiring to participate in the program to submit a management and administrative plan including specified material.

Imposes fines and/or imprisonment for specified violations of such Act.

Authorizes for fiscal years 1978-1980, the appropriation of such sums as are necessary to carry out the summer food program for children.

Changes the title of the "Nonfood Assistance Program" to the "Food Service Equipment Assistance Program." Extends the special reserve of funds for three years, maintains the percentage level of the reserve at 33 and one-third percent of the appropriated equipment funds, and expands the types of schools eligible to receive the reserve funds.

Directs the Secretary to pay, on an annual basis, to each State educational agency, an amount equal to the difference between the value of commodity deliveries programmed for such State and the total level of direct commodity assistance authorized by the National School Lunch Act. Directs that such payment be used by schools within such State to purchase commodities and other foods.

Directs the Secretary to purchase agricultural commodities for the school lunch program and authorizes the appropriation from the general funds of the Treasury of sums as are necessary for such purchases.

Directs the Secretary, in providing assistance under the National School Lunch Act and the Child Nutrition Act, to establish procedures to reflect State needs and views with respect to community assistance. Directs the Secretary to report to Congress on the impact of such procedures.

Requires each State to establish an advisory council composed of local school representatives to advise the State as to the needs of the local school relating to the selection and distribution of federally donated commodities for such program. Permits any school to refuse to accept up to 20 percent of the agricultural commodities and other foods offered to it in any year.

Authorizes local school districts to permit students in senior high schools, junior high schools, or middle schools to refuse to accept foods which are offered to them in federally supported school lunch programs.

Stipulates that in any school in which at least 80 percent of the children are eligible for free or reduced price lunches, special assistance payments for these lunches can be made for periods of three years based on the number of children determined eligible for such lunches during the first year if that school requests such payments.

Directs the Secretary to carry out pilot projects in local school districts to determine more efficient methods of operating the school lunch, breakfast and summer feeding programs.

Directs the Secretary to conduct a study to analyze the impact of cash payments in lieu of commodity deliveries under the National School Lunch Act. Directs the Secretary to report the results of such study to Congress.

Makes children who are eligible for free lunches eligible for free milk when milk is made available at times other than meal times.

Authorizes the Secretary to make an additional payment with semi-annual cost-of-living adjustments, for breakfasts served under the School Breakfast Program to children in especially needy schools.

Directs each State educational agency to establish eligibility standards for providing additional assistance to schools in severe need where the Secretary's rate per meal is insufficient to carry on an effective breakfast program. States that schools meeting such standards shall be entitled to receive 100 percent of the operating costs of the breakfast program.

Directs the Secretary to reduce the paperwork required of participating States, educational agencies, and schools.

Requires the Secretary to pay to each State agency a percentage of its administrative costs incurred pursuant to the administration of the Child Nutrition Act and National School Lunch Act. Specifies what administrative costs such funds may be used to pay.

Permits an adjustment to the percentage allowed for administrative costs in the event a State agrees to assume certain administrative responsibilities previously performed by the Department of Agriculture.

Requires each State agency to submit a plan for the utilization of administration expense funds.

Permits payment of administration expense funds only if a State agrees to maintain its level of funding prior to enactment of this Act.

Authorizes, for fiscal years 1978-1980, the appropriation of such sums as are necessary for the purposes of meeting State administrative expenses.

Authorizes the Secretary to create a program to provide for nutritional training of educational and food service personnel and to disseminate sound nutrition information to children. Directs the Secretary to make grants to State educational agencies in order to implement such a program. Creates a mechanism whereby the Secretaries of Agriculture and Health, Education, and Welfare could allow a single grant application for a health education program including nutrition education.

Requires State educational agencies participating in such a program to keep such accounts and records as may be necessary to enable the Secretary to determine whether they are in compliance with the program requirements.

Requires each participating State to appoint a State coordinator on nutrition education. Directs the State coordinator to develop and furnish to the Secretary a comprehensive plan for nutrition education.

Specifies, for fiscal years 1978-1982, the rate to be used in determining the amounts of grants made to States for nutrition education.

Revises the representation and the terms of appointment of members of the National Advisory Council on Child Nutrition.

Requires the Secretary to approve competitive foods that may be offered at the same time and place as the National School Lunch Program is operated.

Allows the Secretary to reimburse parent recipients appointed to the National Advisory Council on the Special Supplemental Food Program for Women, Infants and Children, for personal expenses related to participation on the Council.

Amends such Acts to authorize programs and funds on the basis of the school year rather than the fiscal year.