103d CONGRESS
  1st Session
                                 H. R. 11

    To amend the National School Lunch Act to establish an optional 
             universal school lunch and breakfast program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

  Mr. Miller of California (for himself, Mr. Owens, Ms. Norton, Mrs. 
Collins of Illinois, Ms. Pelosi, Mr. Rangel, Mr. Towns, and Mr. Johnson 
 of South Dakota) introduced the following bill; which was referred to 
                  the Committee on Education and Labor

                             June 30, 1993

 Additional sponsors: Mr. DeFazio, Mr. Murphy, Mr. Romero-Barcelo, Ms. 
Byrne, Mr. Evans, Mr. Stokes, Mr. Richardson, Mr. Lewis of Georgia, Mr. 
    Neal of Massachusetts, Mr. Boucher, Mr. Stark, Mr. Darden, Mr. 
  Hastings, Ms. Woolsey, Mr. Traficant, Mr. Kopetski, Mr. Lehman, Mr. 
     Edwards of California, Mr. Sanders, Mr. Rose, Mr. Scott, Mrs. 
 Schroeder, Mr. Clyburn, Mr. Torricelli, Mr. Carr, Mr. Gejdenson, Mr. 
Brown of California, Ms. DeLauro, Mr. Borski, Mr. Vento, Mrs. Mink, Ms. 
                     Roybal-Allard, and Mr. Stupak

_______________________________________________________________________

                                 A BILL


 
    To amend the National School Lunch Act to establish an optional 
             universal school lunch and breakfast program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Universal Student Nutrition Act of 
1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the national school lunch and breakfast programs are 
        vital to protecting the health and well-being of the Nation's 
        children;
            (2) these essential child nutrition programs help prepare 
        children to learn and to combat childhood hunger;
            (3) the national school lunch program serves approximately 
        25,000,000 per day, and the school breakfast program serves 
        approximately 4,000,000 children per day;
            (4) there are approximately 4,000,000 eligible low-income 
        students who are not participating in the free and reduced 
        price school meal programs;
            (5) in the last decade--
                    (A) Federal subsidies for school meal programs have 
                been reduced;
                    (B) bonus commodities from the Department of 
                Agriculture for such programs have almost vanished;
                    (C) the administrative complexity and cost of 
                administering such programs have increased; and
                    (D) indirect cost assessments are draining the 
                financial resources of such programs; and
            (6) many schools, mostly high schools, are dropping out of 
        the school lunch program as a result of the trends described in 
        paragraph (5).

SEC. 3. ESTABLISHMENT OF OPTIONAL UNIVERSAL SCHOOL LUNCH AND BREAKFAST 
              PROGRAM.

    (a) In General.--The National School Lunch Act (42 U.S.C. 1751 et 
seq.) is amended by inserting after section 11 the following new 
section:

``SEC. 11A. OPTIONAL UNIVERSAL SCHOOL LUNCH AND BREAKFAST PROGRAM.

    ``(a) In General.--
            ``(1) Establishment.--The Secretary shall establish an 
        optional universal school lunch and breakfast program (in this 
        section referred to as the ``universal program'').
            ``(2) Description.--The universal program shall consist of 
        school lunch and breakfast service offered without cost at 
        school to all students in attendance at the participating 
        schools who wish to participate in a manner consistent with the 
        requirements otherwise applicable to the school lunch program 
        under this Act and to the school breakfast program under 
        section 4 of the Child Nutrition Act of 1966.
            ``(3) Eligibility.--Any school participating in the school 
        lunch program under this Act or the school breakfast program 
        under the Child Nutrition Act of 1966 may elect to participate 
        in the universal program.
    ``(b) Universal Payment Rate.--
            ``(1) In general.--Subject to paragraph (3), in lieu of 
        receiving the national average payment per lunch determined 
        under section 4 and section 11, and the national average 
        payment per breakfast determined under section 4 of the Child 
        Nutrition Act of 1966, each school participating in the 
        universal program shall receive the universal payment rates 
        determined under paragraph (2) for each lunch and breakfast 
        served under the program.
            ``(2) Establishment.--Subject to paragraph (3), the 
        Secretary shall establish the universal payment rates for 
        purposes of this section. Such rates shall be equal to the 
        national average cost of producing a school lunch, and the 
        national average cost of producing a school breakfast, 
        respectively, as determined by the Secretary. In making the 
        determination required by the preceding sentence, the Secretary 
        shall establish a maximum amount that can be charged to a 
        participating school food service authority for indirect 
        expenses.
            ``(3) Commodities.--Schools participating in the universal 
        program shall receive the same level of commodities that they 
        would receive under the school lunch program under this Act and 
        under the school breakfast program under section 4 of the Child 
        Nutrition Act of 1966.
    ``(c) Competitive Foods Policy.--Schools participating in the 
universal program may sell competitive foods under regulations issued 
by the Secretary.''.
    (b) Effective Date.--The Secretary of Agriculture shall issue 
regulations to carry out section 11A of the National School Lunch Act 
(as added by subsection (a) of this section) that provide for the 
implementation of such section not later than July 1, 2000.

SEC. 4. DIETARY GUIDELINES.

    (a) School Lunch Program.--Section 9(a)(1) of the National School 
Lunch Act (42 U.S.C. 1758(a)(1)) is amended by striking ``on the basis 
of tested nutritional research'' and inserting ``in accordance with the 
Dietary Guidelines for Americans developed by the Department of 
Agriculture''.
    (b) School Breakfast Program.--Section 4(e)(1) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)) is amended by striking 
``on the basis of tested nutritional research'' and inserting ``in 
accordance with the Dietary Guidelines for Americans developed by the 
Department of Agriculture''.

SEC. 5. NUTRITION EDUCATION.

    Section 19(i)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 
1788(i)(1)) is amended by inserting ``and each fiscal year beginning on 
or after October 1, 1995,'' after ``October 1, 1978,''.

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