Healthy Meals for Healthy Americans Act of 1994
PL 103-448 (S.1614), enacted 11/02/1994

PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4699 
Public Law 103-448 
103d Congress 
An Act 
To amend the Child Nutrition Act of 1966 and the National School Lunch Act 
to promote healthy eating habits for children and to extend certain authorities 
Nov. 2, 1994 
contained in such Acts through fiscal year 1998, and for other purposes. 
LO- lbl4J 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
?®^l**^3i ?*®^^^ 
for Healthy 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Americans 
(a) SHORT TITLE.—^This Act may be cited as the "Healthy Meals in*ter-
for Healthy Americans Act of 1994". 
governmental 
(b) TABLE OF CONTENTS.—The table of contents of this Act ^f^\^J^:r,r. 
is as follows: 
note. 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Sense of Congress. 
TITLE I—AMENDMENTS TO NATIONAL SCHOOL LUNCH ACT 
Sec. 101. Purchase of fresh fruits and vegetables. 
Sec. 102. Delivery of commodities. 
Sec. 103. Requirement of minimum percentage of commodity assistance. 
Sec. 104. Combined Federal and State commodity purchases. 
Sec. 105. Technical assistance to ensure compliance with nutritional requirements. 
Sec. 106. Nutritional and other program requirements. 
Sec. 107. Nutritional requirements relating to provision of milk. 
Sec. 108. Use of free and reduced price meal eligibility information. 
Sec. 109. Automatic eligibility of Head Start participants. 
Sec. 110. Use of nutrition education and training program resources. 
Sec. 111. Special assistance for schools electing to serve all children free lunches 
or breakfaste. 
Sec. 112. Miscellaneous provisions and definitions. 
Sec. 113. Food and nutrition projects. 
Sec. 114. Summer food service program for children. 
Sec. 115. Commodity distribution program. 
Sec. 116. Child and adult care food program. 
Sec. 117. Homeless children nutrition program. 
Sec. 118. Pilot projects. 
Sec. 119. Reduction of paperwork. 
Sec. 120. Food service management institute. 
Sec. 121. Compliance and accountability. 
Sec. 122. Duties of the Secretarv of Agriculture relating to nonprocurement debar-
ment under certain child nutrition programs. 
$ec. 123. Information clearinghouse. 
Sec. 124. Guidance and granto for accommodating special dietary needs of children 
with disabilities. 
Sec. 125. Study of adulteration of juice products sold to school meal programs. 
TITLE II—AMENDMENTS TO CHILD NUTRITION ACT OF 1966 
Sec. 201. School breakfast program. 
Sec. 202. State administrative expenses. 
Sec. 203. Competitive foods of minimal nutritionfil value. 
Sec. 204. Special supplemental nutrition program. 
108 STAT. 4700 
PUBLIC LAW 103-448—NOV. 2, 1994 
Sec. 205. Nutrition education and training program. 
TITLE III—MISCELLANEOUS PROVISIONS 
Sec. 301. Consolidation of school lunch program and school breakfast program into 
comprehensive meal program. 
Sec. 302. Study and report relating to use of private food establishments and cater-
ers under school lunch program and school breakfast program. 
Sec. 303. Amendment to Commodity Distribution Reform Act and WIC Amend-
ments of 1987. 
Sec. 304. Study of the effect of combining federally donated and federally inspected 
meat or poultry. 
TITLE IV—EFFECTIVE DATE 
Sec. 401. Effective date. 
42 u s e 1751 
SEC. 2. FINDINGS. 
"°*^- 
Congress finds that— 
(1) undernutrition can permanently retard physical growth, 
brain development, and cognitive functioning of children; 
(2) the longer a child's nutritional, emotional, and edu-
cational needs go unmet, the greater the likelihood of cognitive 
impairment; 
(3) low-income children who attend school hungry score 
significantly lower on standardized tests than non-hungry low-
income children; and 
(4) supplemental nutrition programs under the National 
School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.) can help to offset 
threats posed to a child's capacity to learn and perform in 
school that result from inadequate nutrient intake. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) funds should be made available for child nutrition pro-
grams to remove barriers to the participation of needy children 
in the school lunch program, school breakfast program, summer 
food service program for children, and the child and adult 
care food program under the National School Lunch Act (42 
U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.); 
(2) the Secretary of Agriculture should take actions to 
further strengthen the efficiency of child nutrition programs 
by streamlining administrative requirements to reduce the 
administrative burden on participating schools and other meal 
providers; and 
(3) as a part of efforts to continue to serve nutritious 
meals to youths in the United States and to educate the general 
public regarding health and nutrition issues, the Secretary 
of Agriculture should take actions to coordinate the nutrition 
education efforts of all nutrition programs. 
TITLE I—AMENDMENTS TO NATIONAL 
SCHOOL LUNCH ACT 
SEC. 
1
0
1
. 
PURCHASE 
OF 
FRESH 
FRUITS 
AND 
VEGETABLES. 
Section 6(a) of the National School Lunch Act (42 U.S.C. 
1755(a)) is amended— 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4701 
(1) in the second sentence, by striking "Any school" and 
inserting "Except as provided in the next 2 sentences, any 
school"; and 
(2) by inserting after the second sentence the following 
new sentences: "Any school food authority may refuse some 
or all of the fresh fruits and vegetables offered to the school 
food authority in any school year and shall receive, in lieu 
of the offered fruits and vegetables, other more desirable fresh 
fruits and vegetables that are at least equal in value to the 
fresh fruits and vegetables refused by the school food authority. 
The value of any fresh fruits and vegetables refused by a 
school under the preceding sentence for a school year shall 
not be used to determine the 20 percent of the total value 
of agricultural commodities and other foods tendered to the 
school food authority in the school year under the second sen-
tence.". 
SEC. 102. DELIVERY OF COMMODITIES. 
Subsection (b) of section 6 of the National School Lunch Act 
(42 U.S.C. 1755(b)) is amended to read as follows: 
"(b) The Secretary shall deliver, to each State participating 
in the school lunch program under this Act, commodities valued 
at the total level of assistance authorized under subsection (c) 
for each school year for the school lunch program in the State, 
not later than September 30 of the following school year.". 
SEC. 103. REQUIREMENT OF MINIMUM PERCENTAGE OF COMMODITY 
ASSISTANCE. 
Section 6 of the National School Lunch Act (42 U.S.C. 1755) 
is amended by adding at the end the following new subsection: 
"(g)(1) Subject to paragraph (2), in each school year the Sec-
retary shall ensure that not less than 12 percent of the assistance 
provided under section 4, this section, and section 11 shall be 
in the form of commodity assistance provided under this section, 
including cash in lieu of commodities and administrative costs 
for procurement of commodities under this section. 
"(2) If amounts available to carry out the requirements of 
the sections described in paragraph (1) are insufficient to meet 
the requirement contained in paragraph (1) for a school year, the 
Secretary shall, to the extent necessary, use the authority provided 
under section 14(a) to meet the requirement for the school year.". 
SEC. 104. COMBINED FEDERAL AND STATE COMMODITY PURCHASES. 
Section 7 of the National School Lunch Act (42 U.S.C. 1756) 
is amended by adding at the end the following new subsection: 
"(d) Notwithstanding any other provision of law, the Secretary 
may enter into an agreement with a State agency, acting on the 
request of a school food service authority, under which funds pay-
able to the State under section 4 or 11 may be used by the Secretary 
for the purpose of purchasing commodities for use by the school 
food service authority in meals served under the school lunch pro-
gram under this Act.". 
SEC. 105. TECHNICAL ASSISTANCE TO ENSURE COMPLIANCE WITH 
NUTRITIONAL REQUIREMENTS. 
(a) SCHOOL LUNCH PROGRAM.—Section 9(a)(1) of the National 
School Lunch Act (42 U.S.C. 1758(a)(1)) is amended— 
(1) by inserting "(A)" after "(1)"; and 
108 STAT. 4702 
PUBLIC LAW 103-448—NOV. 2, 1994 
(2) by adding at the end the following new subparagraph: 
"(B) The Secretary shall provide technical assistance and train-
ing, including technical assistance and training in the preparation 
of lower-fat versions of foods commonly used in the school lunch 
program under this Act, to schools participating in the school lunch 
program to assist the schools in complying with the nutritional 
requirements prescribed by the Secretary pursuant to subparagraph 
(A) and in providing appropriate meals to children with medically 
certified special dietary needs. The Secretary shall provide addi-
tional technical assistance to schools that are having difficulty 
maintaining compliance with the requirements.". 
(b) SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.—Section 
13(f) of such Act (42 U.S.C. 1761(f)) is amended— 
(1) by inserting after the first sentence the following new 
sentences: "The Secretary shall provide technical assistance 
to service institutions and private nonprofit organizations 
participating in the program to assist tne institutions and 
organizations in complying with the nutritional requirements 
prescribed by the Secretary pursuant to this subsection. The 
Secretary shall provide additional technical assistance to those 
service institutions and private nonprofit organizations that 
are having difficulty maintaining compliance with the require-
ments."; and 
(2) in the fourth sentence (after the amendment made 
by paragraph (1)), by striking "Such meals" and inserting 
"Meals described in the first sentence". 
(c) CHILD AND ADULT CARE FOOD PROGRAM.—Section 17(g)(1) 
of such Act (42 U.S.C. 1766(g)(1)) is amended— 
(1) by inserting "(A)" after "(1)"; and 
(2) by adding at the end the following new subparagraph: 
"(B) The Secretary shall provide technical assistance to those 
institutions participating in the program under this section to assist 
the institutions and family or group day care home sponsoring 
organizations in compl3dng with the nutritional requirements pre-
scribed by the Secretary pursuant to subparagraph (A). The Sec-
retary shall provide additional technical assistance to those institu-
tions and family or group day care home sponsoring organizations 
that are having difficulty maintaining compliance with the require-
ments.". 
SEC. 
1
0
6
. 
NUTRITIONAL 
AND 
OTHER 
PROGRAM 
REQUIREMENTS. 
(a) MINIMUM NUTRITIONAL REQUIREMENTS BASED ON WEEKLY 
AVERAGE OF NUTRIENT CONTENT OF SCHOOL LUNCHES.—Section 
9(a)(1)(A) of the National School Lunch Act (42 U.S.C. 1758(a)(1)(A)) 
(as amended by section 105(a)) is further amended— 
(1) by striking "; except that such minimum nutritional 
requirements shall not" and inserting ", except that the mini-
mum nutritional requirements— 
"(i) shall not"; 
(2) by striking the period at the end and inserting "; and"; 
and 
(3) by adding at the end the following new clause: 
"(ii) shall, at a minimum, be based on the weekly average 
of the nutrient content of school lunches.". 
(b) DIETARY GUIDELINES FOR AMERICANS.—Section 9 of such 
Act (42 U.S.C. 1758) is amended by adding at the end the following 
new subsection: 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4703 
"(f)(1) Not later than the first day of the 1996-97 school year, 
the Secretary, State educational agencies, schools, and school food 
service authorities shall, to the maximum extent practicable, inform 
students who participate in the school lunch and school breakfast 
programs, and parents and guardians of the students, of— 
"(A) the nutritional content of the lunches and bregikfasts 
that are served under the programs; and 
"(B) the consistency of the lunches and breakfasts with 
the guidelines contained in the most recent 'Dietary Guidelines 
for Americans' that is published under section 301 of the 
National Nutrition Monitoring and Related Research Act of 
1990 (7 U.S.C. 5341) (referred to in this subsection as the 
'Guidelines'), including the consistency of the lunches and 
breakfasts with the guideline for fat content. 
"(2)(A) Except as provided in subparagraph (B), not later than 
the first day of the 1996-97 school year, schools that are participat-
ing in the school lunch or school breakfast program snail serve 
lunches and breakfasts under the programs that are consistent 
with the Guidelines (as measured in accordance with subsection 
(a)(l)(A)(ii) and section 4(e)(1)). 
"(B) State educational agencies may grant waivers from the 
requirements of subparagraph (A) subject to criteria established 
by the appropriate State educational agency. The waivers shall 
not permit schools to implement the requirements later than July 
1, 1998, or a later date determined by the Secretary. 
"(C) To assist schools in meeting the requirements of this 
paragraph, the Secretary-
"(i) shall— 
"(I) develop, and provide to schools, standardized rec-
ipes, menu cycles, and food product specification and 
preparation techniques; and 
"(II) provide to schools information regarding nutrient 
standard menu planning, assisted nutrient standard menu 
planning, and food-based menu systems; and 
"(ii) may provide to schools information regarding other 
approaches, as determined by the Secretary. 
"(D) Schools may use any of the approaches described in 
subparagraph (C) to meet the requirements of this paragraph. In 
the case of schools that elect to use food-based menu systems 
to meet the requirements of this paragraph, the Secretary may 
not require the schools to conduct or use nutrient analysis.". 
(c) PRODUCTION RECORDS.—Section 9 of such Act (42 U.S.C. 
1758) (as amended by subsection (b)) is further amended by adding 
at the end the following new subsection: 
"(g) Not later than 1 year after the date of enactment of Notification, 
this subsection, the Secretary shall provide a notification to Con-
gress that justifies the need for production records required under 
section 210.10(b) of title 7, Code of Federal Regulations, and 
describes how the Secretary has reduced paperwork relating to 
the school lunch and school breakfast programs.". 
SEC. 107. NUTRITIONAL REQUIREMENTS RELATING TO PROVISION OF 
MILK. 
Section 9(a)(2) of the National School Lunch Act (42 U.S.C. 
1758(a)(2)) is amended to read as follows: 
"(2)(A) Lunches served by schools participating in the school 
lunch program under this Act— 
108 STAT. 4704 
PUBLIC LAW 103-448—NOV. 2, 1994 
"(i) shall offer students fluid milk; and 
"(ii) shall offer students a variety of fluid milk consistent 
with prior year preferences unless the prior year preference 
for any such variety of fluid milk is less than 1 percent of 
the total milk consumed at the school. 
"(B)(i) The Secretary shall purchase in each calendar year 
to carry out the school lunch program under this Act, and the 
school breakfast program under section 4 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1773), lowfat cheese on a bid basis in 
a quantity that is the milkfat equivalent of the quantity of milkfat 
the Secretary estimates the Commodity Credit Corporation will 
purchase each calendar year as a result of the elimination of the 
requirement that schools offer students fluid whole milk and fluid 
unflavored lowfat milk, based on data provided by the Director 
of Office of Management and Budget. 
Reports. 
"(ii) Not later than 30 days after the Secretary provides an 
estimate required under clause (i), the Director of the Congressional 
Budget Office shall provide to the appropriate committees of Con-
gress a report on whether the Director concurs with the estimate 
of the Secretary. 
"(iii) The quantity of lowfat cheese that is purchased under 
this subparagraph shall be in addition to the quantity of cheese 
that is historically purchased by the Secretary to carry out school 
feeding programs. The Secretary shall take such actions as are 
necessary to ensure that purchases under this subparagraph shall 
not displace commercial purchases of cheese by schools.". 
SEC. 108. USE OF FREE AND REDUCED PRICE MEAL ELIGIBD:.ITY 
INFORMATION. 
Section 9(b)(2)(C) of the National School Lunch Act (42 U.S.C. 
1758(b)(2)(C)) is amended by striking clause (iii) and inserting 
the following new clauses: 
"(iii) The use or disclosure of any information obtained from 
an application for free or reduced price meals, or from a State 
or local agency referred to in clause (ii), shall be limited to— 
"(I) a person directly connected with the administration 
or enforcement of this Act or the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.), or a regulation issued pursuant to 
either Act; 
"(II) a person directly connected with the administration 
or enforcement of— 
"(aa) a Federal education program; 
"(bb) a State health or education program administered 
by the State or local educational agency (other than a 
program carried out under title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.)); or 
"(cc) a Federal, State, or local means-tested nutrition 
program with eligibility standards comparable to the pro-
gram under this section; and 
"(III)(aa) the Comptroller General of the United States 
for audit and exEunination authorized by any other provision 
of law; and 
"(bb) notwithstanding any other provision of law, a Federal, 
State, or local law enforcement official for the purpose of inves-
tigating an alleged violation of any program covered by para-
graph (1) or this paragraph. 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4705 
"(iv) Information provided under clause (iii)(II) shall be limited 
to the income eligibility status of the child for whom application 
for free or reduced price meal benefits was made or for whom 
eligibility information was provided under clause (ii), unless the 
consent of the parent or guardian of the child for whom application 
for benefits was made is obtained. 
"(v) A person described in clause (iii) who publishes, divulges, 
discloses, or makes known in any manner, or to any extent not 
authorized by Federal law (including a regulation), any information 
obtained under this subsection shall be fined not more than $1,000 
or imprisoned not more than 1 year, or both.". 
SEC. 109. AUTOMATIC ELIGIBILITY OF HEAD START PARTICIPANTS. 
(a) IN GENERAL.—Section 9(b)(6) of the National School Lunch 
Act (42 U.S.C. 1758(b)(6)) is amended— 
(1) in subparagraph (A)— 
(A) in the matter preceding clause (i), by striking "a 
member of; 
(B) in clause (i)— 
(i) by inserting "a member of after "(i)"; and 
(ii) by striking "or" at the end; 
(C) in clause (ii)— 
(i) by inserting "a member of* after "(ii)"; and 
(ii) by striking the period at the end and inserting 
"; or"; and 
(D) by adding at the end the following new clause: 
"(iii) enrolled as a participant in a Head Start program 
authorized under the Head Start Act (42 U.S.C. 9831 et seq.), 
on the basis of a determination that the child is a member 
of a family that meets the low-income criteria prescribed under 
section 645(a)(1)(A) of the Head 
Start Act (42 U.S.C. 
9840(a)(1)(A))."; and 
(2) in subparagraph (B), by striking "food stamps or aid 
to families with dependent children" and inserting "food stamps 
or aid to families with dependent children, or of enrollment 
or participation in a Head Start program on the basis described 
in subparagraph (A)(iii),". 
(b) CHILD AND ADULT CARE FOOD PROGRAM.—Section 17(c) 
of such Act (42 U.S.C. 1766(c)) is amended by adding at the end 
the following new paragraph: 
"(5) A child shall be considered automatically eligible for bene-
fits under this section without further application or eligibility 
determination, if the child is enrolled as a participant in a Head 
Start program authorized under the Head Start Act (42 U.S.C. 
9831 et seq.), on the basis of a determination that the child is 
a member of a family that meets the low-income criteria prescribed 
under section 645(a)(1)(A) of the Head Start Act (42 U.S.C. 
9840(a)(1)(A)).". 
(c) EFFECTIVE DATE.—The amendments made by this section 42 use 1758 
shall become effective on September 25, 1995. 
^°^-
SEC. 110. USE OF NUTRITION EDUCATION AND TRAINING PROGRAM 
RESOURCES. 
Section 9 of the National School Lunch Act (42 U.S.C. 1758) 
(as amended by section 106(c)) is further amended by adding at 
the end the following new subsection: 
"(h) In carrying out this Act and the Child Nutrition Act of 
1966 (42 U.S.C. 1771 et seq.), a State educational agency may 
108 STAT. 4706 
PUBLIC LAW 103-448—NOV. 2, 1994 
use resources provided through the nutrition education and training 
program authorized under section 19 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1788) for training aimed at improving the quality 
and acceptance of school meals.". 
SEC. 111. SPECIAL ASSISTANCE FOR SCHOOLS ELECTING TO SERVE 
ALL CHILDREN FREE LUNCHES OR BREAKFASTS. 
Section 11(a)(1) of the National School Lunch Act (42 U.S.C. 
1759a(a)(l)) is amended— 
(1) by inserting "(A)" after "(1)"; 
(2) in the second sentence, by striking "In the case of 
and inserting the following: 
"(B) Except as provided in subparagraph (C), (D), or (E), in 
the case of; and 
(3) by striking the third and fourth sentences and inserting 
the following new subparagraphs: 
"(C)(i) Except as provided in subparagraph (D), in the case 
of any school that— 
"(I) elects to serve all children in the school free lunches 
under the school lunch program during any period of 3 succes-
sive school years, or in the case of a school that serves both 
lunches and breakfasts, elects to serve all children in the school 
free lunches and free breakfasts under the school lunch program 
and the school breakfast program established under section 
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) during 
any period of 3 successive school years; and 
"(II) pays, from sources other than Federal funds, for the 
costs of serving the lunches or breakfasts that are in excess 
of the value of assistance received under this Act and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with 
respect to the number of lunches or breakfasts served during 
the period; 
special assistance pajnnents shall be paid to the State educational 
agency with respect to the school during the period on the basis 
of the number of lunches or breakfasts determined under clause 
(ii) or (iii). 
"(ii) For purposes of making special assistance payments under 
clause (i), except as provided in clause (iii), the number of lunches 
or breakfasts served by a school to children who are eligible for 
free lunches or breakfasts or reduced price lunches or breakfasts 
during each school year of the 3-school-year period shall be consid-
ered to be equal to the number of lunches or breakfasts served 
by the school to children eligible for free lunches or breakfasts 
or reduced price lunches or breakfasts during the first school year 
of the period. 
"(iii) For purposes of computing the amount of the payments, 
a school may elect to determine on a more frequent basis the 
number of children who are eligible for free or reduced price lunches 
or breakfasts who are served lunches or breakfasts during the 
3-school-year period. 
"(D)(i) In the case of any school that, on the date of enactment 
of this subparagraph, is receiving special assistance payments under 
this paragraph for a 3-school-year period described in subparagraph 
(C), the State may grant, at the end of the 3-school-year period, 
an extension of the period for an additional 2 school years, if 
the State 
determines, through 
available socioeconomic 
data 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4707 
approved by the Secretary, that the income level of the population 
of the school has remained stable. 
"(ii) A school described in clause (i) may reapply to the State 
at the end of the 2-school-year period described in clause (i) for 
the purpose of continuing to receive special assistance pa3nnents, 
as determined in accordance with this paragraph, for a subsequent 
5-school-year period. The school may reapply to the State at the 
end of the 5-school-year period, and at tne end of each 5-school-
year period thereafter for which the school receives special assist-
ance pajmients under this paragraph, for the purpose of continuing 
to receive the payments for a subsequent 5-school-year period. 
"(iii) If the Secretary determines after considering the best 
available socioeconomic data that the income level of families of 
children enrolled in a school has not remained stable, the Secretary 
may require the submission of applications for free and reduced 
price lunches, or for free and reduced price lunches and breakfasts, 
in the first school year of any 5-school-year period for which the 
school receives special assistance pa3niients under this paragraph, 
for the purpose of calculating the special assistance payments, 
"(iv) For the purpose of updating information and reimburse-
ment levels, a school described in clause (i) that carries out a 
school lunch or school breakfast program may at any time require 
submission of applications for free and reduced price lunches or 
for free and reduced price lunches and breakfasts. 
"(E)(i) In the case of any school that— 
"(I) elects to serve all children in the school free lunches 
under the school lunch program during any period of 4 succes-
sive school years, or in the case of a school that serves both 
lunches and breakfasts, elects to serve all children in the school 
free lunches and free breakfasts under the school lunch program 
and the school breakfast program during any period of 4 succes-
sive school years; and 
"(II) pays, from sources other than Federal funds, for the 
costs of serving the lunches or breakfasts that are in excess 
of the value of assistance received under this Act and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with 
respect to the number of lunches or breakfasts served during 
the period; 
total Federal cash reimbursements and total commodity assistance 
shall be provided to the State educational agency with respect 
to the school at a level that is equal to the total Federal cash 
reimbursements and total commodity assistance received by the 
school in the last school year for which the school accepted applica-
tions under the school lunch or school breakfast program, adjusted 
Einnually for inflation in accordance with paragraph (3XB) and 
for changes in enrollment, to carry out the school lunch or school 
breakfast program. 
"(ii) A school described in clause (i) may reapply to the State 
at the end of the 4-school-year period described in clause (i), and 
at the end of each 4-school-ye£ir period thereafter for which the 
school receives reimbursements and assistance under this subpara-
graph, for the purpose of continuing to receive the reimbursements 
and assistance for a subsequent 4-school-year period. The State 
may approve an application under this clause if the State deter-
mines, through av£dlable socioeconomic data approved by the Sec-
retary, that the income level of the population of the school has 
remained consistent with the income level of the population of 
108 STAT. 4708 
PUBLIC LAW 103-448—NOV. 2, 1994 
the school in the last school year for which the school accepted 
the applications described in clause (i). 
"(iii) Not later than 1 year after the date of enactment of 
this subparagraph, the Secretary shall evaluate the effects of this 
subparagraph and notify the Committee on Education and Labor 
of the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate of the results of the evalua-
tion.". 
SEC. 112. MISCELLANEOUS PROVISIONS AND DEFINITIONS. 
(a) TECHNICAL AMENDMENT TO DEFINITION OF SCHOOL,— 
(1) IN GENERAL.—Section 12(d)(5) of the National School 
Lunch Act (42 U.S.C. 1760(d)(5)) is amended— 
(A) in the first sentence— 
(i) in clause (A), by inserting "and" at the end; 
(ii) in clause (B), by striking ", and" and inserting 
a period; and 
(iii) by striking clause (C); and 
(B) in the second sentence, by striking "of clauses 
(A) and (B)". 
42 use 1760 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
"<**«• 
(1) shall become effective on October 1,1995. 
(b) 
REIMBURSEMENT FOR MEALS, SUPPLEMENTS, AND MILK 
UNDER CERTAIN PROGRAMS CONTINGENT ON TIMELY SUBMISSION 
OF CLAIMS AND FINAL PROGRAM OPERATIONS REPORT.—Section 12 
of such Act (42 U.S.C. 1760) is amended by adding at the end 
the following new subsection: 
"(j)(l) Except as provided in paragraph (2), the Secretary may 
provide reimbursements for final claims for service of meals, supple-
ments, and milk submitted to State agencies by eligible schools, 
summer camps, family day care homes, institutions, and service 
institutions only if— 
"(A) the claims have been submitted to the State agencies 
not later than 60 days after the last day of the month for 
which the reimbursement is clsiimed; and 
"(B) the final program operations report for the month 
is suljmitted to the Secretary not later than 90 days after 
the last day of the month. 
"(2) The Secretary may waive the requirements of paragraph 
(1) at the discretion of the Secretary.". 
(c) EXPEDITED RULEMAKING.—Section 12 of such Act (42 U.S.C. 
1760) (as amended by subsection (b)) is further amended by adding 
at the end the following new subsection: 
"(k)(l) Prior to the publication of final regulations that imple-
ment changes that are intended to bring the meal pattern require-
ments of the school lunch and breakfast programs into conformance 
with the guidelines contained in the most recent 'Dietary Guidelines 
for Americans' that is published under section 301 of the National 
Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 
5341) (referred to in this subsection as the 'Guidelines'), the Sec-
retary shall issue proposed regulations permitting the use of food-
based menu systems. 
Federal 
"(2) Notwithstanding chapter 5 of title 5, United States Code, 
^bl^**t' 
^^^ later than 45 days after the publication of the proposed regula-
pu ica ion. 
tions permitting the use of food-based menu systems, the Secretary 
shall publish notice in the Federal Register of, and hold, a public 
meeting with— 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4709 
"(A) representatives of affected parties, such as Federal, 
State, and local administrators, school food service administra-
tors, other school food service personnel, parents, and teachers; 
and 
"(B) organizations representing affected parties, such as 
public interest antihunger organizations, doctors specializing 
in pediatric nutrition, health and consumer groups, commodity 
groups, food manufacturers and vendors, and nutritionists 
involved with the implementation and operation of programs 
under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.); 
to discuss and obtain public comments on the proposed rule. 
"(3) Not later than June 1, 1995, the Secretary shall issue 
final regulations to conform the nutritional requirements of the 
school lunch and breakfast programs with the Guidelines. The 
final regulations shall include— 
"(A) rules permitting the use of food-based menu systems; 
and 
"(B) adjustments to the rule on nutrition objectives for 
school meals published in the Federal Register on June 10, 
1994 (59 Fed. Reg. 30218). 
"(4) No school food service authority shall be required to imple-
ment final regulations issued pursuant to this subsection until 
the regulations have been final for at least 1 year. 
"(5) The final regulations shall reflect comments made at each 
phase of the proposed rulemaking process, including the public 
meeting required under paragraph (2).". 
(d) AUTHORITY OF SECRETARY TO WAIVE STATUTORY AND REGU-
LATORY REQUIREMENTS.—Section 12 of the National School Lunch 
Act (42 U.S.C. 1760) (as amended by subsection (c)) is further 
amended by adding at the end the following new subsection: 
"(1)(1)(A) Except as provided in paragraph (4), the Secretary 
may waive any requirement under this Act or the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.), or any regulation issued 
under either such Act, for a State or eligible service provider that 
requests a waiver if— 
"(i) the Secretary determines that the waiver of the require-
ment would facilitate the ability of the State or eligible service 
provider to carry out the puraose of the program; 
"(ii) the State or eligible service provider has provided 
notice and information to the public regarding the proposed 
waiver; and 
"(iii) the State or eligible service provider demonstrates 
to the satisfaction of the Secretary that the waiver will not 
increase the overall cost of the program to the Federal Govern-
ment, Eind, if the waiver does increase the overall cost to the 
Federal Grovernment, the cost will be paid from non-Federal 
funds. 
"(B) The notice and information referred to in subparagraph 
(A)(ii) shall be provided in the same manner in which the State 
or eligible service provider customarily provides similar notices 
and information to the public. 
"(2)(A) To request a waiver under paragraph (1), a State or 
eligible service provider (through the appropriate administering 
State agency) shall submit an application to the Secretary that— 
"(i) identifies the statutory or regulatory requirements that 
are requested to be weiived; 
108 STAT. 4710 
PUBLIC LAW 103-448—NOV. 2, 1994 
"(ii) in the case of a State requesting a waiver, describes 
actions, if any, that the State has undertaken to remove State 
statutory or regulatory barriers; 
"(iii) describes the goal of the waiver to improve services 
under the program and the expected outcomes if the waiver 
is granted; 
"(iv) includes a description of the impediments to the effi-
cient operation and administration of the program; 
"(v) describes the management goals to be achieved, such 
as fewer hours devoted to, or fewer number of personnel 
involved in, the administration of the program; 
"(vi) provides a timetable for implementing the waiver; 
and 
"(vii) describes the process the State or eligible service 
provider will use to monitor the progress in implementing the 
waiver, including the process for monitoring the cost implica-
tions of the waiver to the Federal Government. 
"(B) An application described in subparagraph (A) shall be 
developed by the State or eligible service provider and shall be 
submitted to the Secretary by the State. 
"(3)(A) The Secretary shall act promptly on a waiver request 
contained in an application submitted under paragraph (2) and 
shall either grant or deny the request. The Secretary shall state 
in writing the reasons for granting or denying the request. 
"(B) If the Secretary grants a waiver request, the Secretary 
shall state in writing the expected outcome of granting the waiver. 
"(C) The result of the decision of the Secretary shall be dissemi-
nated by the State or eligible service provider through normal 
means of communication. 
"(D)(i) Except as provided in clause (ii), a waiver granted by 
the Secretary under this subsection shall be for a period not to 
exceed 3 years. 
"(ii) The Secretary may extend the period if the Secretary 
determines that the waiver has been effective in enabling the State 
or eligible service proAdder to carry out the purposes of the program. 
"(4) The Secretary may not grant a waiver under this subsection 
of any requirement relating to— 
"(A) the nutritional content of meals served; 
"(B) Federal reimbursement rates; 
"(C) the provision of free and reduced price meals; 
"(D) offer versus serve provisions; 
"(E) limits on the price charged for a reduced price meal; 
"(F) maintenance of effort; 
"(G) equitable participation of children in private schools; 
"(H) distribution of funds to State and local school food 
service authorities and service institutions participating in a 
program under this Act and the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.); 
"(I) the disclosure of information relating to students receiv-
ing free or reduced price meals and other recipients of benefits; 
"(J) prohibiting the operation of a profit producing program; 
"(K) the sale of competitive foods; 
"(L) the commodity distribution program under section 14; 
"(M) the special supplemental nutrition program authorized 
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
1786); and 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4711 
"(N) enforcement of any constitutional or statutory right 
of an individual, including any right under— 
"(i) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.); 
"(ii) section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794); 
"(iii) title EX of the Education Amendments of 1972 
(20 U.S.C. 1681 et seq.); 
"(iv) the Age Discrimination Act of 1975 (42 U.S.C. 
6101 et seq.); 
"(v) the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.); and 
"(vi) the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.). 
"(5) The Secretary shall periodically review the performance 
of any State or eligible service provider for which the Secretary 
has granted a waiver under this subsection and shall terminate 
the waiver if the performance of the State or service provider 
has been inadequate to justify a continuation of the waiver. The 
Secretary shall terminate the waiver if, after periodic review, the 
Secretary determines that the waiver has resulted in an increase 
in the overall cost of the program to the Federal Government 
and the increase has not been paid for in accordance with paragraph 
(l)(A)(iii). 
"(6)(A)(i) An eligible service provider that receives a waiver Reports, 
under this subsection shall annually submit to the State a report 
t h a t -
'll) describes the use of the waiver by the ehgible service 
provider; and 
"(II) evaluates how the waiver contributed to improved 
services to children served by the program for which the waiver 
was requested. 
"(ii) The State shall annually submit to the Secretary a report 
that summarizes all reports received by the State from eligible 
service providers. 
"(B) The Secretary shall annually 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 report— 
"(i) summarizing the use of waivers by the State and 
eligible service providers; 
"(ii) describing whether the waivers resulted in improved 
services to children; 
"(iii) describing the impact of the waivers on providing 
nutritional meals to participants; and 
"(iv) describing how the waivers reduced the quantity of 
paperwork necessary to administer the program. 
"(7) As used in this subsection, the term 'eligible service pro-
vider' means— 
"(A) a local school food service authority; 
"(B) a service institution or private nonprofit organization 
described in section 13; or 
"(C) a family or group day care home sponsoring organiza-
tion described in section 17.". 
108 STAT. 4712 
PUBLIC LAW 103-448—NOV. 2, 1994 
Grants. 
Appropriation 
authorization. 
SEC. 113. FOOD AND NUTRITION PROJECTS. 
Section 12 of the National School Lunch Act (42 U.S.C. 1760) 
(as amended by section 112(d)) is further amended by adding at 
the end the following new subsection: 
"(m)(l) The Secretary, acting through the Administrator of 
the Food and Nutrition Service or through the Extension Service, 
shall award on an annual basis grants to a private nonprofit 
organization or educational institution in each of 3 States to create, 
operate, and demonstrate food and nutrition projects that are fully 
integrated with elementary school curricula. 
"(2) Each organization or institution referred to in paragraph 
(1) shall be selected by the Secretary and shall— 
"(A) assist local schools and educators in offering food and 
nutrition education that integrates math, science, and verbal 
skills in the elementary grades; 
"(B) assist local schools and educators in teaching agricul-
tural practices through practical applications, like gardening; 
"(C) create community service learning opportunities or 
educational programs; 
"(D) be experienced in assisting in the creation of curricu-
lum-based models in elementary schools; 
"(E) be sponsored by an organization or institution, or 
*be an organization or institution, that provides information, 
or conducts other educational efforts, concerning the success 
' and productivity of American agriculture and the importance 
of the free enterprise system to the quality of life in the United 
States; and 
"(F) be able to provide model curricula, examples, advice, 
and guidance to schools, community groups. States, and local 
organizations regarding means of carrying out similar projects. 
"(3) Subject to the availability of appropriations to carry out 
this subsection, the Secretary shall make grants to each of the 
3 private organizations or institutions selected under this subsection 
in amounts of not less than $100,000, nor more than $200,000, 
for each of fiscal years 1995 through 1998. 
"(4) The Secretary shall establish fair and reasonable auditing 
procedures regarding the expenditure of funds under this sub-
section. 
"(5) There are authorized to be appropriated to carry out this 
subsection such sums as are necessary for each of fiscal years 
1995 through 1998.". 
SEC. 114. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. 
(a) PRIORITY REQUIREMENTS FOR DETERMINING PARTICIPATION 
OF CERTAIN ELIGIBLE SERVICE INSTITUTIONS.—Section 13(a)(4) of 
the National School Lunch Act (42 U.S.C. 1761(a)(4)) is amended 
by striking subparagraphs (A) through (F) and inserting the follow-
ing new subparagraphs: 
"(A) Local schools. 
"(B) All other service institutions and private nonprofit 
organizations eligible under paragraph (7) that have dem-
onstrated successful program performance in a prior year. 
"(C) New public institutions. 
"(D) New private nonprofit organizations eligible under 
paragraph (7).". 
(b) ELIMINATION OF 1-YEAR WAITING PERIOD WITH RESPECT 
TO PARTICIPATION OF PRIVATE NONPROFIT ORGANIZATIONS IN CER-
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4713 
TAIN AREAS UNDER THE PROGRAM.—Section 13(a)(7) of such Act 
(42 U.S.C. 1761(a)(7)) is amended by striking subparagraph (C). 
(c) NON-SCHOOL SITES.—Section 13(c)(1) of such Act (42 U.S.C. 
1761(c)(1)) is amended by inserting before the period at the end 
the following: "or that provide meal service at non-school sites 
to children who are not in school for a period during the months 
of October through April due to a natural disaster, building repair, 
court order, or similar cause". 
(d) 
REGISTERED 
FOOD 
SERVICE 
MANAGEMENT 
COMPANY 
REPORTS.—Section 13(1)(3) of such Act (42 U.S.C. 1761(1)(3)) is 
amended by striking "and their program record" and inserting 
"that have been seriously deficient in their participation in the 
program and may maintain a record of other registered food service 
management companies,". 
(e) MANAGEMENT AND ADMINISTRATION PLAN.—Section 13(n) 
of such Act (42 U.S.C. 1761(n)) is amended— 
(1) by striking paragraphs (5), (6), (8), and (10); and 
(2) by redesignating paragraphs (7), (9), and (11) as para-
graphs (5), (6), and (7), respectively; 
(3) by inserting "and" after the semicolon at the end of 
paragraph (6) (as so redesignated); and 
(4) by striking "; and (12)" and all that follows through 
"reimbursement". 
(D ELIMINATION OF WARNING IN PRIVATE NONPROFIT ORGANIZA-
TION APPLICATION RELATING TO CRIMINAL PROVISIONS AND RELATED 
MATTERS.—Section 13(q) of such Act (42 U.S.C. 1761(q)) is 
amended— 
(1) by striking paragraph (2); 
(2) by redesignating paragraphs (3) through (5) as para-
graphs (2) through (4), respectively; and 
(3) in paragraph (3) (as so redesignated), by striking "para-
graphs (1) and (3)" and inserting "paragraphs (1) and (2)". 
(g) EXTENSION OF PROGRAM.—Section 13(r) of such Act (42 
U.S.C. 1761(r)) is amended by striking "1994" and inserting "1998". 
(h) ALL-DAY ACTIVITIES.—The Secretary of Agriculture shall— 42 use 1761 
(1) not later than 180 days after the date of enactment 
^^^' 
of this Act, in consultation with the heads of other Federal 
agencies, identify sources of Federal funds that may be avail-
able from other Federal agencies for service institutions under 
the summer food service program for children established under 
section 13 of the National School Lunch Act (42 U.S.C. 1761) 
to carry out all-day educational and recreational activities for 
children at feeding sites under the program; and 
(2) notify through State agencies, as determined appro- 
Notification. 
priate by the Secretary, the service institutions of the sources. 
SEC. 115. COMMODITY DISTOIBUTIQN PROGRAM. 
Section 14 of the National School Lunch Act (42 U.S.C. 1762a) 
is amended— 
(1) in subsection (a), by striking "1994" and inserting 
"1998"; and 
(2) in subsection (b)— 
(A) by inserting "(1)" after "(b)"; and 
(B) by adding at the end the following new paragraphs: 
"(2) The Secretary shall maintain and continue to improve 
the overall nutritional quality of entitlement commodities provided 
108 STAT. 4714 
PUBLIC LAW 103-448—NOV. 2, 1994 
to schools to assist the schools in improving the nutritional content 
of meals. 
"(3) The Secretary shall— 
"(A) require that nutritional content information labels be 
placed on packages or shipments of entitlement commodities 
provided to the schools; or 
"(B) otherwise provide nutritional content information 
regarding the commodities provided to the schools.". 
SEC. 
1
1
6
. 
CHILD 
AND 
ADULT 
CARE 
FOOD 
PROGRAM. 
(a) AUTOMATIC ELIGIBILITY OF CERTAIN EVEN START PARTICI-
PANTS.—Section 17(c) of the National School Lunch Act (42 U.S.C. 
1766(c)) (as amended by section 109(b)) is further amended by 
adding at the end the following new paragraph: 
"(6)(A) A child who has not yet entered kindergarten shall 
be considered automatically eligible for benefits under this section 
without further application or eligibility determination if the child 
is enrolled as a participant in the Even Start program under part 
B of chapter 1 of title I of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 2741 et seq.). 
"(B) Subparagraph (A) shall apply only with respect to the 
provision of benefits under this section for the period beginning 
September 1, 1995, and ending September 30, 1997.". 
(b) REAPPLICATION FOR ASSISTANCE AT 3-YEAR INTERVALS.— 
Section 17(d)(2)(A) of such Act (42 U.S.C. 1766(d)(2)(A)) is amended 
by striking "2-year intervals" and inserting "3-year intervals". 
(c) USE OF ADMINISTRATIVE FUNDS TO CONDUCT OUTREACH 
AND RECRUITMENT TO UNLICENSED DAY CARE HOMES.—Section 
17(f)(3)(C) of such Act (42 U.S.C. 1766(f)(3)(C)) is amended— 
(1) by inserting "(i)" after "(C)"; and 
(2) by adding at the end the following new clause: 
"(ii) Funds for administrative expenses may be used by family 
or group day care home sponsoring organizations to conduct out-
reach and recruitment to unlicensed family or group day care homes 
so that the day care homes may become licensed.". 
(d) INFORMATION AND TRAINING CONCERNING CHILD HEALTH 
AND DEVELOPMENT.—Section 17(k) of such Act (42 U.S.C. 1766(k)) 
is amended by adding at the end the following new paragraph: 
"(4) The Secretary shall instruct States to provide, through 
sponsoring organizations, information and training concerning child 
health and development to family or group day care homes partici-
pating in the program.". 
(e) EXTENSION OF STATEWIDE DEMONSTRATION PROJECTS.—Sec-
tion 17(p) of such Act (42 U.S.C. 1766(p)) is amended— 
(1) in paragraph (1)(A), by striking "25 percent of the 
children served by such organization" and inserting "25 percent 
of the children enrolled in the organization or 25 percent of 
the licensed capacity of the organization for children, whichever 
is less,"; 
(2) in paragraph (4)(B), by striking "1992" and inserting 
"1998"; and 
(3) in paragraph (5), by striking "1994" and inserting 
"1998" 
(f) WIC INFORMATION.—Section 17 of such Act (42 U.S.C. 1766) 
is amended by adding at the end the following new subsection: 
"(q)(l) The Secretary shall provide State agencies with basic 
information concerning the importance and benefits of the specisd 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4715 
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) The State agency shall— 
"(A) provide each child care institution participating in 
the program established under this section, other than institu-
tions providing day care outside school hours for schoolchildren, 
with materials that include— 
"(i) a basic explanation of the benejfits and importance 
of the special supplemental nutrition program for women, 
infants, and children; 
"(ii) the maximum income limits, according to family 
size, applicable to children up to age 5 in the State under 
the special supplemental nutrition program for women, 
infants, and children; and 
"(iii) a listing of the addresses and phone numbers 
of offices at which parents may apply; 
"(B) annually provide the institutions with an update of 
the information on income limits described in subparagraph 
(A)(ii); and 
"(C) ensure that, at least once a year, the institutions 
to which subparagraph (A) applies provide written information 
to parents that includes— 
"(i) basic information on the benefits provided under 
the special supplemental nutrition program for women, 
infants, and children; 
"(ii) information on the maximum income limits, 
according to family size, applicable to the program; and 
"(iii) information on where parents may apply to 
participate in the program.". 
SEC. 117. HOMELESS CHILDREN NUTRITION PROGRAM. 
(a) HOMELESS CHILDREN NUTRITION PROGRAM.— 
(1) IN GENERAL.—The National School Lunch Act is amend-
ed by inserting after section 17A (42 U.S.C. 1766a) the following 
new section: 
"SEC. 17B. HOMELESS CHILDREN NUTRITION PROGRAM. 
42 USC 1766b. 
"(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 agree-
ments with State, city, local, or county governments, other 
public entities, or private nonprofit organizations to participate 
in 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 con-
ducted 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. 
V 
"(B) Each site operated by each such organization shall 
meet applicable State and local health, safety, and sanita-
tion standards. 
108 STAT. 4716 
PUBLIC LAW 103-448—NOV. 2, 1994 
"(c) PROJECT REQUIREMENTS.— 
"(1) IN GENERAL.—^A project conducted under this section 
shall— 
"(A) use the same meal patterns and receive reimburse-
ment 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 WITH-
OUT 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 sub-
section (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 £ind 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 partici-
pate 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 Septem-
ber 30,1998; and 
PUBLIC LAW 103-448—NOV. 2, 1994 
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 avail-
able 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 Sec-
retary 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 sec-
tion, the term 'emergency shelter' has the meaning provided the 
term in section 321(2) of the Stewart B, McKinney Homeless Assist-
ance 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 sub-
section: 
"(c)(1) Using the funds provided under paragraph (7), the Sec-
retary 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 
Homeless. 
"(B) homeless mothers or guardians of infants, and the Women, 
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. 4718 
P U B U C LAW 103-448—NOV. 2, 1994 
uals 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 tuider 
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 sec-
tion 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.); 
"(Ill) 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 supple-
ments served on Saturdays, Sundays, and hoUdays, at the 
request of the entity; and 
"(iii) maintain a policy of not providing services or assist-
ance 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 infieints, homeless pregnant women. 
PUBLIC LAW 103-448—NOV. 2, 1994 
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 
Notification. 
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 appro-
priated, 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 Tjoarder babj^ 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 pro-
vided in section 17(b)(7) of the Child Nutrition Act of 1966 
(42 U.S.C. 1786(b)(7)).". 
,, 
SEC. 118. PILOT PROJECTS. 
(a) COMMODITY LETTER OF CREDIT (CLOC) PROGRAMS.—The 
first sentence of section 18(b)(1) of the National School Lunch 
Act (42 U.S.C. 1769(b)(1)) is amended by striking ", and ending 
September 30, 1994". 
(b) DEMONSTRATION PROGRAM TO PROVIDE MEALS AND SUPPLE-
MENTS OUTSIDE OF SCHOOL HOURS.—Section 18 of such Act (42 
U.S.C. 1769) is amended by adding at the end the following new 
subsection: 
"(e)(1)(A) The Secretary shall establish a demonstration pro- Grants, 
gram to provide grants to eligible institutions or schools to provide 
meals or supplements to adolescents participating in educational, 
recreational, or other programs and activities provided outside of 
school hours. 
"(B) The amount of a grant under subparagraph (A) shall 
be equal to the amount necessary to provide meals or supplements 
described in such subparagraph and shall be determined in accord-
ance with reimbursement payment rates for meals and supplements 
under the child and adult care food program under section 17. 
"(2) The Secretary may not provide a grant under paragraph 
(1) to an eligible institution or school unless the institution or 
school submits to the Secretary an application containing such 
information as the Secretary may reasonably require. 
"(3) The Secretary may not provide a grant under paragraph 
(1) to an eligible institution or school unless the institution or 
school agrees that the institution or school will— 
108 STAT. 4720 
PUBLIC LAW 103-448—NOV. 2, 1994 
"(A) use amounts from the grant to provide meals or supple-
ments under educational, recreational, or other programs and 
activities for adolescents outside of school hours, and the pro-
grams and activities are carried out in geographic areas in 
which there are high rates of poverty, violence, or drug and 
alcohol abuse among school-aged youths; and 
"(B) use the same meal patterns as meal patterns required 
under the child and adult care food program under section 
17. 
"(4) Determinations with regard to eligibility for free and 
reduced price meals and supplements provided under programs 
and activities under this subsection shall be made in accordance 
with the income eligibility guidelines for free and reduced price 
lunches under section 9. 
"(5)(A) Except as provided in subparagraph (B), the Secretary 
shall expend to carry out this subsection, from amounts appro-
priated for purposes of carrying out section 17, $325,000 for fiscal 
year 1995, $475,000 for each of fiscal years 1996 and 1997, and 
$525,000 for fiscal year 1998. In addition to amounts described 
in the preceding sentence, the Secretary shall expend any additional 
amounts in any fiscal year as may be provided in advance in 
appropriations Acts. 
"(B) The Secretary may expend less than the amount required 
under subparagraph (A) if there is an insufficient number of suitable 
applicants. 
"(6) As used in this subsection: 
"(A) The term 'adolescent' means a child who has attained 
the age of 13 but has not attained the age of 19. 
"(B) The term 'eligible institution or school' means— 
"(i) an institution, as the term is defined in section 
17; or 
"(ii) an elementary or secondary school participating 
in the school lunch program under this Act. 
"(C) The term 'outside of school hours' means afl;er-school 
hours, weekends, or holidays during the regular school year.". 
(c) FORTIFIED FLUID MILK.—Section 18 of such Act (42 U.S.C. 
1769) (as amended by subsection (b)) is further amended by adding 
at the end the following new subsection: 
"(f)(1) Subject to the availability of appropriations to carry 
out this subsection, the Secretary shall establisn pilot projects in 
at least 25 school districts under which the milk offered by schools 
meets the fortification requirements of paragraph (3) for lowfat, 
skim, and other forms of fluid milk. 
"(2) The Secretary shall mEike available to school districts 
information that compares the nutritional benefits of fluid milk 
that meets the fortification requirements of paragraph (3) and the 
nutritional benefits of other milk that is made available through 
the school lunch program established under this Act. 
"(3) The fortification requirements for fluid milk for the pilot 
project referred to in paragraph (1) shall provide that— 
"(A) all whole milk in final package form for beverage 
use shall contain not less than— 
"(i) 3.25 percent milk fat; and 
"(ii) 8.7 percent milk solids not fat; 
"(B) all lowfat milk in final package form for beverage 
use shall contain not less than 10 percent milk solids not 
fat; and 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4721 
Public 
information. 
"(C) all skim milk in final package form for beverage use 
shall contain not less than 9 percent milk solids not fat. 
"(4)(A) In selecting where to establish pilot projects under this 
subsection, the Secretary shall take into account, among other 
factors, the availability of fortified milk and the interest of the 
school district in being included in the pilot project. 
"(B) The Secretary shall establish the pilot projects in as many 
geographic areas as practicable, except that none of the projects 
shall be established in school districts that use milk described 
in paragraph (3) or similar milk. 
"(5) Not later than 2 years after the establishment of the Reports, 
first pilot project under this subsection, the Secretary shall report 
to 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— 
"(A) the acceptability of fortified whole, lowfat, and skim 
milk products to participating children; 
"(B) the impact of offering the milk on milk consumption; 
"(C) the views of the school food service authorities on 
the pilot projects; and 
"(D) any increases or reductions in costs attributed to the 
pilot projects. 
"(6) The Secretary shall— 
"(A) obtain copies of any research studies or papers that 
discuss the impact of the fortification of milk pursuant to 
standards established by the States; and 
"(B) on request, make available to State agencies and the 
public— 
"(i) the information obtained under subparagraph (A); 
and 
"(ii) information about where to obtain milk described 
in paragraph (3). 
"(7)(A) Each pilot project established under this subsection 
shall terminate on the last day of the third year after the establish-
ment of the pilot project. 
"(B) The Secretary shall advise representatives of each district 
participating in a pilot project that the district may continue to 
offer the fortified forms of milk described in paragraph (3) after 
the project terminates.". 
(d) 
INCREASED CHOICES OF FRUITS, VEGETABLES, LEGUMES, 
CEREALS, AND GRAIN-BASED PRODUCTS.—Section 18 of such Act 
(42 U.S.CJ. 1769) (as amended by subsection (c)) is further amended 
by adding at the end the following new subsection: 
"(g)(1) The Secretary is authorized to establish a pilot project 
to assist schools participating in the school lunch program estab-
lished under this Act, and the school breakfast program established 
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
1773), to offer participating students additional choices of fruits, 
vegetables, legumes, cereals, and grain-based products (including, 
subject to paragraph (6), organically produced agricultural commod-
ities and products) (collectively referred to in this subsection as 
'qualified products'), 
"(2) The Secretary shall establish procedures under which 
schools may apply to participate in the pilot project. To the maxi-
mum extent practicable, the Secretary shall select qualified schools 
that apply from each State. 
108 STAT. 4722 
PUBLIC LAW 103-448—NOV. 2, 1994 
"(3) The Secretary may provide a priority for receiving funds 
under this subsection to— 
"(A) schools that are located in low-income areas (as defined 
by the Secretary); and 
"(B) schools that rarely offer 3 or more choices of qualified 
products per meal. 
"(4) On request, the Secretary shall provide information to 
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 the impact 
of the pilot project on participating schools, including— 
"(A) the extent to which participating children increased 
consumption of qualified products; 
"(B) the extent to which increased consumption of qualified 
products offered under the pilot project has contributed to a 
reduction in fat intake in the school breakfast and school lunch 
programs; 
"(C) the desirability of requiring that— 
"(i) each school participating in the school breakfast 
program increase the number of choices of qualified prod-
ucts offered per meal to at least 2 choices; 
"(ii) each school participating in the school lunch pro-
gram increase the number of choices of qualified products 
offered per meal; and 
"(iii) 
the 
Secretary 
provide 
additional 
Federal 
reimbursements to assist schools in complying with clauses 
(i) and (ii); 
"(D) the views of school food service authorities on the 
pilot project; and 
"(E) any increase or reduction in costs to the schools in 
offering the additional qualified products. 
"(5) Subject to the availability of funds appropriated to carry 
out this subsection, the Secretary shall use not more than 
$5,000,000 for each of fiscal years 1995 through 1997 to carry 
out this subsection. 
"(6) For purposes of this subsection, qualified products shall 
include organically produced agricultural commodities and products 
beginning on the date the Secretary establishes an organic certifi-
cation program for producers and handlers of agricultural products 
in accordance with the Organic Foods Production Act of 1990 (7 
U.S.C. 6501 et seq.).". 
(e) INCREASED CHOICES OF LOWFAT DAIRY PRODUCTS AND LEAN 
MEAT AND POULTRY PRODUCTS.—Section 18 of such Act (42 U.S.C. 
1769) (as amended by subsection (d)) is further amended by adding 
at the end the following new subsection: 
"(h)(1) The Secretary is authorized to establish a pilot project 
to assist schools participating in the school lunch program estab-
lished under this Act, and the school breakfast program established 
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
1773), to offer participating students additional choices of lowfat 
dairy products (including lactose-free dairy products) and lean meat 
and poultry products (including, subject to paragraph (6), organi-
cally produced agricultural commodities and products) (collectively 
referred to in this subsection as 'qualified products'). 
"(2) The Secretary shall establish procedures imder which 
schools may apply to participate in the pilot project. To the maxi-
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4723 
mum extent practicable, the Secretary shall select qualified schools 
that apply from each State. 
"(3) The Secretary may provide a priority for receiving funds 
under this subsection to— 
"(A) schools that are located in low-income areas (as defined 
by the Secretary); and 
"(B) schools that rarely offer 3 or more choices of qualified 
products per meal. 
"(4) On request, the Secretary shall provide information to 
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 the impact 
of the pilot project on participating schools, including— 
/ 
"(A) the extent to which participating children increased 
consumption of qualified products; 
"(B) the extent to which increased consumption of qualified 
products offered under the pilot project has contributed to a 
reduction in fat intsike in the school breakfast and school lunch 
programs; 
"(C) the desirability of requiring that— 
"(i) each school participating in the school breakfast 
program increase the number of choices of qualified prod-
ucts offered per meal to at least 2 choices; 
"(ii) each school participating in the school lunch pro-
gram increase the number of choices of qualified products 
offered per meal; and 
"(iii) 
the 
Secretary 
provide 
additional 
Federal 
reimbursements to assist schools in complying with clauses 
(i)and(ii); 
"(D) the views of the school food service authorities on 
the pilot project; and 
"(E) any increase or reduction in costs to the. schools in 
offering the additional qualified products. 
"(5) Subject to the availability of funds appropriated to carry 
out this subsection, the Secretary shall use not more than 
$5,000,000 for each of fiscal years 1995 through 1997 to carry 
out this subsection. 
"(6) For purposes of this subsection, qualified products shall 
include organically produced agricultural commodities and products 
beginning on the date the Secretary establishes an organic certifi-
cation program for producers and handlers of agricultural products 
in accordance with the Organic Foods Production Act of 1990 (7 
U.S.C. 6501 et seq.).". 
(f) REDUCED PAPERWORK AND APPLICATION REQUIREMENTS AND 
INCREASED PARTICIPATION PILOTS.—Section 18 of such Act (42 
U.S.C. 1769) (as amended by subsection (e)) is further amended 
by adding at the end the following new subsection: 
"(i)(l) Subject to the availability of advance appropriations 
under paragraph (8), the Secretary shall make grants to a limited 
number of schools to conduct pilot projects in 2 or more States 
approved by the Secretary to— 
"(A) reduce paperwork; 
"(B) reduce application and meal counting requirements; 
and 
"(C) make changes that will increase participation in the 
school lunch £uid school breakfast programs. 
108 STAT. 4724 
PUBLIC LAW 103-448—NOV. 2, 1994 
"(2)(A) Except as provided in subparagraph (B), the Secretary 
may waive the requirements of this Act and the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.) relating to counting of meals, 
applications for eligibility, and related requirements that would 
preclude the Secretary from making a grant to conduct a pilot 
project under paragraph (1). 
"(B) The Secretary may not waive a requirement under subpara-
graph (A) if the waiver would prevent a program participant, a 
Eotential program recipient, or a school from receiving all of the 
enefits and protections of this Act, the Child Nutrition Act of 
1966, or a Federal statute or regulation that protects an individual 
constitutional right or a statutory civil right. 
"(C) No child otherwise eligible for free or reduced price meals 
under section 9 or under section 4 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1773) shall be required to pay more under 
a program carried out under this subsection for such a meal than 
the child would otherwise pay under section 9 or under section 
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 
respectively. 
"(3) To be eligible to receive a grant to conduct a pilot project 
under this subsection, a school shall— 
"(A) submit an application to the Secretary at such time, 
in such manner, and accompanied by such information as the 
Secretary may reasonably require, including, at a minimum, 
information— 
"(i) demonstrating that the program carried out under 
the project differs from programs carried out under 
subparagraph (C), (D), or (E) of section 11(a)(1); 
"(ii) demonstrating that at least 40 percent of the stu-
dents participating in the school lunch program at the 
school are eligible for free or reduced price meals; 
"(iii) demonstrating that the school operates both a 
school lunch program and a school breakfast program; 
"(iv) describing the funding, if any that the school 
will receive from non-Federal sources to carry out the pilot 
project; 
"(v) describing and justifjdng the additional amount, 
over the most recent prior year reimbursement amount 
received under the school lunch program and the school 
breakfast program (adjusted for inflation and 
fluctuations 
in enrollment), that the school needs from the Federal 
government to conduct the pilot; and 
"(vi) describing the policy of the school on a la carte 
and competitive foods; 
"(B) not have a history of violations of this Act or the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and 
"(C) meet any other requirement that the Secretary may 
reasonably require. 
"(4) To the extent practicable, the Secretary shall select schools 
to participate in the pilot program under this subsection in a 
manner that will provide for an equitable distribution among the 
following types of schools: 
"(A) Urban and rural schools. 
"(B) Elementary, middle, and high schools. 
"(C) Schools of varying income levels. 
"(5)(A) Except as provided in subparagraph (B), a school 
conducting a pilot project under this subsection shall receive 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4725 
commodities in an amount equal to the amount the school received 
in the prior year under the school lunch program under this Act 
and under the school breakfast program under section 4 of the 
Child Nutrition Act of 1966, adjusted for inflation £md fluctuations 
in enrollment. 
"(B) Commodities required for the pilot project in excess of 
the amount of commodities received by the school in the prior 
year under the school lunch program and the school breakfast 
program may be funded from amounts appropriated to carry out 
this section. 
"(6)(A) Except as provided in subparagraph (B), a school 
conducting a pilot project under this subsection shall receive a 
total Federal reimbursement under the school lunch program and 
school breakfast program in an amount equal to the total Federal 
reimbursement for the school in the prior year under each such 
program (adjusted for inflation and fluctuations in enrollment). 
"(B) Funds required for the pilot project in excess of the level 
of reimbursement received by the school in the prior year (adjusted 
for inflation and fluctuations in enrollment) may be taken from 
any non-Federal source or from amounts appropriated to carry 
out this subsection. If no appropriations are made for the pilot 
projects, schools may not conduct the pilot projects. 
"(7)(A) The Secretary shall require each school conducting a 
pilot project under this subsection to submit to the Secretary docu-
mentation sufficient for the Secretary, to the extent practicable, 
to— 
"(i) determine the effect that participation by schools in 
the pilot projects has on the rate of student participation in 
the school lunch program and the school breakfast program, 
in total and by various income groups; 
"(ii) compare the quality of meals served under the pilot 
project to the quality of meals served under the school lunch 
program and the school breakfast program during the school 
year immediately preceding participation in the pilot project; 
"(iii) summarize the views of students, parents, and 
administrators with respect to the pilot project; 
"(iv) compare the amount of administrative costs under 
the pilot project to the amount of administrative costs under 
the school lunch program and the school breakfast program 
during the school year immediately preceding participation in 
the pilot project; 
"(v) determine the reduction in paperwork under the pilot 
project from the amount of paperwork under the school lunch 
and school breakfast programs at the school; and 
"(vi) determine the effect of participation in the pilot project 
on sales of, and school policy regarding, a la carte and competi-
tive foods. 
"(B) Not later than January 31, 1998, the Secretary shall submit Reports, 
to the Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition, and For-
estry of the Senate a report containing— 
"(i) a description of the pilot projects approved by the 
Secretary under this subsection; 
"(ii) a compilation of the information received by the Sec-
retary under paragraph (1) as of this date from each school 
conducting a pilot project under this subsection; and 
"(iii) an evaluation of the program by the Secretary. 
108 STAT. 4726 
PUBLIC LAW 103-448—NOV. 2, 1994 
Appropriation 
"(8) There are authorized to be appropriated to carry out this 
authorization. 
subsection $9,000,000 for each fiscal year during the period begin-
ning October 1, 1995, and ending July 31, 1998.". 
SEC. 119. REDUCTION OF PAPERWORK. 
Section 19(a) of the National School Lunch Act (42 U.S.C. 
1769a(a)) is amended— 
(1) by striking "and other agencies" and inserting "other 
agencies"; and 
(2) by inserting ", and families of children participating 
in the programs," after "assisted under such Acts". 
SEC. 120. FOOD SERVICE MANAGEMENT INSTITUTE. 
(a) REQUIRED ACTIVITIES.—Section 21(c)(2) of the National 
School Lunch Act (42 U.S.C. 1769b-l(c)(2)) is amended— 
(1) in subparagraph (B)— 
(A) by striking "and" at the end of clause (viii); 
(B) by redesignating clause (ix) as clause (x); and 
(C) by inserting after clause (viii) the following new 
clause: 
"(ix) culinary skills; and"; 
(2) by striking "and" at the end of subparagraph (D); 
(3) by striking the period at the end of subparagraph (E) 
and inserting a semicolon; and 
(4) by adding at the end the following new subparagraphs: 
"(F) training food service personnel to comply with 
the nutrition guidance and objectives of section 24 through 
a national network of instructors or other means; 
"(G) preparing informational materials, such as video 
instruction tapes and menu planners, to promote healthier 
food preparation; and 
"(H) assisting State educational agencies in providing 
additional nutrition and health instructions and instruc-
tors, including training personnel to comply with the nutri-
tion guidance and objectives of section 24. . 
(b) USE OF FOOD SERVICE MANAGEMENT INSTITUTE FOR DIETARY 
AND NUTRITION ACTIVITIES.—Section 21(d) of such Act (42 U.S.C. 
1769b-l(d)) is amended— 
(1) by striking "(d) COORDINATION.—The" and inserting 
the following: 
"(d) COORDINATION.— 
"(1) IN GENERAL.—The"; and 
(2) by adding at the end the following new paragraph: 
"(2) USE OF INSTITUTE FOR DIETARY AND NUTRITION ACTIVI-
TIES.—The Secretaiy shall use any food service management 
institute established under subsection (a)(2) to assist in carry-
ing out dietary and nutrition activities of the Secretary.". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 21 of such 
Act (42 U.S.C. 1769b-l) is amended— 
(1) in subsection (a)(1), by striking "from" and inserting 
"subject to the availability of, and 
fi-om,"; 
and 
(2) by striking subsection (e) and inserting the following 
new subsection: 
"(e) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) TRAINING ACTIVITIES AND TECHNICAL ASSISTANCE.— 
There are authorized to be appropriated to carry out subsection 
(a)(1) $3,000,000 for fiscal year 1990, $2,000,000 for fiscal year 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4727 
1991, and $1,000,000 for each of fiscal years 1992 through 
1998. 
"(2) FOOD SERVICE MANAGEMENT INSTITUTE.— 
"(A) FUNDING.—In addition to any amounts 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 $147,000 
for fiscal year 1995, and $2,000,000 for fiscal year 1996 
and each subsequent fiscal year, to carry out subsection 
(a)(2). The Secretary shall be entitled to receive the funds 
and shall accept the funds. 
"(B) ADDITIONAL FUNDING.—In addition to amounts 
made available under subparagraph (A), there are author-
ized to be appropriated to cany out subsection (a)(2) such 
sums as are necessary for fiscal year 1995 and each subse-
quent fiscal year. The Secretary shall carry out activities 
under subsection (a)(2), in addition to the activities funded 
under subparagraph (A), to the extent provided for, and 
in such amounts as are provided for, in advance in appro-
priations Acts. 
"(C) FUNDING FOR EDUCATION, TRAINING, OR APPLIED 
RESEARCH OR STtrDlES.—In addition to amounts made avail-
able under subparagraphs (A) and (B), from amounts other-
wise appropriated to the Secretary in discretionary appro-
priations, the Secretary may provide funds to any food 
service management institute established under subsection 
(a)(2) for projects specified by the Secretary that will 
contribute to implementing dietary or nutrition initiatives. 
Any additional funding under this subparagraph shall be 
provided noncompetitively in a separate cooperative agree-
ment.". 
SEC. 121. COMPLIANCE ANI) ACCOUNTABILITY. 
Section 22(d) of the National School Lunch Act (42 U.S.C. 
1769c(d)) is amended by striking "1990, 1991, 1992, 1993, and 
1994" and inserting "1994 through 1996". 
SEC. 122. DUTIES OF THE SECRETARY OF AGRICULTURE RELATING 
TO NONPRO(^UREMENT DEBARMENT UNDER CERTAIN 
CHILD NUTRITION PROGRAMS. 
(a) IN GENERAL.—The National School Lunch Act (42 U.S.C. 
1751 et seq.) is amended by adding at the end the following new 
section: 
-SEC. 25. DUTIES OF THE SECRETARY RELATING TO NONPROCURE- 
42 USC 1769f. 
MENT DEBARMENT. 
"(a) PURPOSES.—The purposes of this section are to promote 
the prevention and deterrence of instances of fraud, bid rigging, 
and other anticompetitive activities encountered in the procurement 
of products for child nutrition programs by— 
"(1) establishing guidelines and a timetable for the Sec-
retary to initiate debarment proceedings, as well as establishing 
mandatory debarment periods; and 
"(2) providing training, technical advice, and guidance in 
identifying and preventing the activities. 
"(b) DEFINITIONS.—^As used in this section: 
"(1) CHILD NUTRITION PROGRAM.—The term 'child nutrition 
program' means— 
108 STAT. 4728 
PUBLIC LAW 103-448—NOV. 2, 1994 
"(A) the school lunch program established under this 
Act; 
"(B) the summer food service program for children 
established under section 13; 
"(C) the child £ind adult care food program established 
under section 17; 
"(D) the homeless children nutrition program estab-
lished under section 17B; 
"(E) the special milk program established under section 
3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772); 
"(F) the school breakfast program established under 
section 4 of such Act (42 U.S.C. 1773); and 
"(G) the special supplemental nutrition program for 
women, infants, and children authorized under section 17 
of such Act (42 U.S.C. 1786). 
"(2) CONTRACTOR.—^The term 'contractor' means a person 
that contracts with a State, an agency of a State, or a local 
agency to provide goods or services in relation to the participa-
tion of a local agency in a child nutrition program. 
"(3) LOCAL AGENCY.—The term 'local agency* means a 
school, school food authority, child care center, sponsoring 
organization, or other entity authorized to operate a child nutri-
tion program at the local level. 
*(4) NONPROCUREMENT DEBARMENT.—The term 'nonpro-
curement debarment' means an action to bar a person from 
programs and activities involving Federal financial and non-
financial assistance, but not including Federal procurement 
programs and activities. 
"(5) PERSON.—^The term 'person' means any individual, cor-
poration, partnership, association, cooperative, or other legal 
entity, however organized. 
"(c) ASSISTANCE TO IDENTIFY AND PREVENT FRAUD AND ANTI-
COMPETITIVE ACTIVITIES.—^The Secretary shall— 
"(1) in cooperation with any other appropriate individual, 
organization, or agency, provide advice, training, technical 
assistance, and guidance (which may include awareness train-
ing, training films, and troubleshooting advice) to representa-
tives of States and local agencies regarding means of identifying 
and preventing fraud and anticompetitive activities relating 
to the provision of goods or services in conjunction with the 
participation of a local agency in a child nutrition program; 
and 
"(2) provide information to, and fully cooperate with, the 
Attorney General and State attorneys general regarding inves-
tigations of fraud and anticompetitive activities relating to the 
provision of goods or services in conjunction with the participa-
tion of a local agency in a child nutrition program. 
"(d) NONPROCUREMENT DEBARMENT.— 
"(1) IN GENERAL.—Except as provided in paragraph (3) 
. and subsection (e), not later than 180 days after notification 
of the occurrence of a cause for debarment described in para-
graph (2), the Secretary shall initiate nonprocurement debar-
ment proceedings against the contractor who has committed 
the cause for debarment. 
"(2) CAUSES FOR DEBARMENT.—^Actions requiring initiation 
of nonprocurement debarment pursuant to paragraph (1) shall 
include a situation in which a contractor is found guilty in 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4729 
any criminal proceeding, or found liable in any civil or adminis-
trative proceeding, in connection with the supplying, providing, 
or selling of goods or services to any local agency in connection 
with a child nutrition program, of— 
"(A) an anticompetitive activity, including bid-rigging, 
price-fixing, the allocation of customers between competi-
tors, or other violation of Federal or State antitrust laws; 
"(B) fraud, bribery, theft, forgery, or embezzlement; 
"(C) knowingly receiving stolen property; 
"(D) making a false claim or statement; or 
"(E) any other obstruction of justice. 
"(3) EXCEPTION.—If the Secretary determines that a deci-
sion on initiating nonprocurement debarment proceedings can-
not be made within 180 days after notification of the occurrence 
of a cause for debarment described in paragraph (2) because 
of the need to further investigate matters relating to the pos-
sible debarment, the Secretary may have such additional time 
as the Secretary considers necessary to make a decision, but 
not to exceed an additional 180 days. 
"(4) MANDATORY CHILD NUTRITION PROGRAM DEBARMENT 
PERIODS.— 
"(A) IN GENERAL.—Subject to the other provisions of 
this paragraph and notwithstanding any other provision 
of law except subsection (e), if, after deciding to initiate 
nonprocurement debarment proceedings pursuant to para-
graph (1), the Secretary decides to debar a contractor, 
the debarment shall be for a period of not less than 3 
years. 
"(B) PREVIOUS DEBARMENT.—If the contractor has been 
previously debarred pursuant to nonprocurement debar-
ment proceedings initiated pursuant to paragraph (1), and 
the cause for debarment is described in paragraph (2) based 
on activities that occurred subsequent to the initial debar-
ment, the debarment shall be for a period of not less 
than 5 years. 
"(C) SCOPE.—^At a minimum, a debarment under this 
subsection shall serve to bar the contractor for the specified 
period from contracting to provide goods or services in 
conjunction with the participation of a local agency in 
a child nutrition program. 
"(D) REVERSAL, REDUCTION, OR EXCEPTION.—Nothing 
in this section shall restrict the ability of the Secretary 
to— 
"(i) reverse a debarment decision; 
"(ii) reduce the period or scope of a debarment; 
"(iii) grant an exception permitting a debarred con-
tractor to participate in a particular contract to provide 
goods or services; or 
"(iv) otherwise settle a debarment action at any 
time; 
in conjunction with the participation of a local agency 
in a child nutrition program, if the Secretary determines 
there is good cause for the action, after taking into account 
factors set forth in paragraphs (1) through (6) of subsection 
(e). 
"(5) INFORMATION.—On request, the Secretary shall present 
to the Committee on Education and Labor, and the Committee 
79-194 O—95—6 : QL 3 Part 6 
108 STAT. 4730 
PUBLIC LAW 103-448—NOV. 2, 1994 
on Agriculture, of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the Sen-
ate information regarding the decisions required by this sub-
section. 
"(6) RELATIONSHIP TO OTHER AUTHORITIES.—A debarment 
imposed under this section shall not reduce or diminish the 
authority of a Federed, State, or local government agency or 
court to penalize, imprison, fine, suspend, debar, or take other 
adverse action against a person in a civil, criminal, or adminis-
trative proceeding. 
"(7) REGULATIONS.—^The Secretary shall issue such regula-
tions as are necessary to carry out this subsection. 
"(e) 
MANDATORY DEBARMENT.—Notwithstanding any other 
provision of this section, the Secretary shall initiate nonprocurement 
debarment proceedings against the contractor (including any 
cooperative) who has committed the cause for debarment (as deter-
mined under subsection (d)(2)), unless the action— 
"(1) is likely to have a significant adverse effect on competi-
tion or prices in the relevant market or nationally; 
"(2) will interfere with the ability of a local agency to 
procure a needed product for a child nutrition program; 
"(3) is unfair to a person, subsidiary corporation, affiliate, 
parent company, or local division of a corporation that is not 
involved in the improper activity that would otherwise result 
in the debarment; 
"(4) is likely to have significant adverse economic impacts 
on the local economy in a manner that is unfair to innocent 
parties; 
"(5) is not justified in light of the penalties already imposed 
on the contractor for violations relevant to the proposed debar-
ment, including any suspension or debarment arising out of 
the same matter that is imposed by any Federed or State 
agency; or 
"(6) is not in the public interest, or otherwise is not in 
the interests of 
justice, as determined by the Secretary. 
"(f) EXHAUSTION OF ADMINISTRATIVE REMEDIES.—Prior to seek-
ing judicial review in a court of competent jurisdiction, a contractor 
against whom a nonprocurement debarment proceeding has been 
initiated shall— 
"(1) exhaust all administrative procedures prescribed by 
the Secretary; and 
"(2) receive notice of the final determination of the Sec-
retary. 
"(g) INFORMATION RELATING TO PREVENTION AND CONTROL OF 
ANTICOMPETITIVE ACTIVITIES.—On request, the Secretary shall 
present to the Committee on Education and Labor, and the Commit-
tee on Agriculture, of the House of Representatives and the Commit-
tee on Agriculture, Nutrition, and Forestry of the Senate informa-
tion regarding the activities of the Secretary relating to anticompeti-
tive activities, fraud, nonprocurement debarment, and any wedver 
granted by the Secretary under this section.". 
42 use I769f 
(b) APPLICABILITY.—Section 25 of the National School Lunch 
"°^- 
Act (as added by subsection (a)) shall not apply to a cause for 
debarment as described in section 25(d)(2) of such Act that is 
based on an activity that took place prior to the eff"ective date 
of section 25 of such Act. 
rh^ 
PUBLIC LAW 103-448—NOV. 2,1994 
108 STAT. 4731 
(c) No REDUCTION IN AUTHORITY TO DEBAR OR SUSPEND A 42usci769f 
PERSON FROM FEDERAL FINANCIAL AND NONFINANCIAL ASSISTANCE 
"°^-
AND BENEFITS.—^The authority of the Secretary of Agriculture that 
exists on the day before the date of enactment of this Act to 
debar or suspend a person from Federal financial and nonfinancial 
assistance and benefits under Federal programs and activities shall 
not be diminished or reduced by subsection (a) or the amendment 
made by subsection (a). 
SEC. 123. INFORMATION CLEARINGHOUSE. 
The National School Lunch Act (42 U.S.C. 1751 et seq.) (as 
amended by section 122) is further amended by adding at the 
end the following new section: 
"SEC 26. INFORMATION CLEARINGHOUSE. 
42 USC 1769g. 
"(a) IN GENERAL.—The Secretary shall enter into a contract 
Contracts, 
with a nongovernmental organization described in subsection (b) 
to establish and maintain a clearinghouse to provide information 
to nongovernmental groups located throughout the United States 
that assist low-income individuals or communities regarding food 
assistance, self-help activities to aid individuals in becoming self-
reliant, and other activities that empower low-income individuals 
or communities to improve the Uves of low-income individuals and 
reduce reliance on Federal, State, or local governmental agencies 
for food or other assistance. 
"(b) NONGOVERNMENTAL ORGANIZATION.—The nongovernmental 
organization referred to in subsection (a) shall be selected on a 
competitive basis and shall— 
"(1) be experienced in the gathering of first-hand informa-
tion in all the States through onsite visits to grassroots 
organizations in each State that fight hunger and poverty or 
that assist individuals in becoming self-reliant; 
"(2) be experienced in the establishment of a clearinghouse 
similar to the clearinghouse described in subsection (a); 
"(3) agree to contribute in-kind resources towards the 
estabUshment and maintenance of the clearinghouse £ind agree 
to provide clearinghouse information, free of charge, to the 
Secretary, States, counties, cities, antihunger groups, and grass-
roots organizations that assist individuals in becoming self-
sufficient and self-reliant; 
"(4) be sponsored by an organization, or be an organization, 
that— 
"(A) has helped combat hunger for at least 10 years; 
"(B) is committed to reinvesting in the United States; 
and 
"(C) is knowledgeable regarding Federal nutrition pro-
grams; 
*(5) be experienced in communicating the purpose of the 
clearinghouse through the media, including the radio and print 
media, and be able to provide access to the clearinghouse 
information through computer or telecommunications tech-
nology, as well as through the mails; and 
'(6) be able to provide examples, advice, and guidance 
to States, counties, cities, communities, antihunger groups, and 
local organizations regarding means of assisting individuals 
and communities to reduce reliance on government programs, 
reduce hunger, improve nutrition, and otherwise assist low-
108 STAT. 4732 
PUBLIC LAW 103-448—NOV. 2, 1994 
income individuals and communities become more self-suffi-
cient. 
"(c) AUDITS.—^The Secretary shall establish fair and reasonable 
auditing procedures regarding the expenditures of funds to carry 
out this section. 
"(d) FUNDING.—Out of any moneys in the Treasury not other-
wise appropriated, the Secretary of the Treasury shall pay to the 
Secretary to provide to the organization selected under this section, 
to establish and maintain the information clearinghouse, $200,000 
for each of fiscal years 1995 and 1996, $150,000 for fiscal year 
1997, and $100,000 for fiscal year 1998. The Secretary shall be 
entitled to receive the funds and shall accept the funds.". 
SEC. 124. GUIDANCE AND GRANTS FOR ACCOMMODATING 
SPECIAL 
DIETARY NEEDS OF CHILDREN WITH DISABILITIES. 
The National School Lunch Act (42 U.S.C. 1751 et seq.) (as 
amended by section 123) is further amended by adding at the 
end the following new section: 
42 use 1769h. 
"SEC. 27. GUIDANCE AND GRANTS FOR ACCOMMODATING 
SPECIAL 
DIETARY NEEDS OF CHILDREN WITH DISABILITIES. 
"(a) DEFINITIONS.—^As used in this section: 
"(1) CHILDREN WITH DISABILITIES.—The term 'children with 
disabilities' means individuals, each of whom is— 
"(A) a participant in a covered program; and 
"(B) an individual with a disability, as defined in sec-
tion 7(8) of the Rehabilitation Act of 1973 (29 U.S.C. 706(8)) 
for purposes of section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794). 
"(2) 
COVERED 
PROGRAM.—The term 'covered program' 
means— 
"(A) the school lunch program established under this 
Act; 
"(B) the school breakfast program established under 
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
1773); and 
"(C) any other program established under this Act 
or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
seq.) that the Secretary determines is appropriate. 
"(3) ELIGIBLE ENTITY.—The term 'ehgible entity* means a 
school food service authority, or an institution or organization, 
that participates in a covered program. 
"(b) GUIDANCE.— 
"(1) DEVELOPMENT.—The Secretary, in consultation with 
the Attorney General and the Secretary of Education, shall 
develop and approve guidance for accommodating the medical 
and special dietary needs of children with disabilities under 
covered programs in a manner that is consistent with section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 
"(2) TIMING.—In the case of the school lunch program estab-
lished under this Act and the school breakfast program estab-
lished under section 4 of the Child Nutrition Act of 1966 (42 
U.S.C. 1773), the Secretary shall develop the guidance as 
required by paragraph (1) not later than 150 days after the 
date of enactment of this section. 
"(3) DISTRIBUTION.—^Not later than 60 days after the date 
that the development of the guidance relating to a covered 
program is completed, the Secretary shall distribute the guid-
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4733 
ance to school food service authorities, and institutions and 
organizations, pari;icipating in the covered program. 
"(4) REVISION OF GUIDANCE.—^The Secretary, in consultation 
with the Attorney General and the Secretary of Education, 
shall periodically update and approve the guidances to reflect 
new scientific information and comments and suggestions from 
persons carrying out covered programs, recognized medical 
authorities, parents, and other persons. 
"(c) GRANTS.— 
"(1) IN GENERAL.—Subject to the availability of appropria-
tions provided in advance to carry out this subsection, the 
Secretary shall make grants on a competitive basis to State 
educational agencies for distribution to eligible entities to assist 
the eligible entities with nonrecurring expenses incurred in 
accommodating the medical and special dietary needs of chil-
dren with disabilities in a manner that is consistent with 
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 
"(2) 
ADDITIONAL 
ASSISTANCE.—Subject 
to 
paragraph 
(3)(A)(iii), assistance received through grants made under this 
subsection shall be in addition to any other assistance that 
State educational agencies and eligible entities would otherwise 
receive. 
"(3) ALLOCATION BY SECRETARY.— 
"(A) PREFERENCE.—In making grants under this sub-
section for any fiscal year, the Secretary shall provide 
a 
preference 
to 
State 
educational 
agencies 
that, 
individually— 
"(i) submit to the Secretary a plan for accommodat-
ing the needs described in paragraph (1), including 
a description of the purpose of the project for which 
the agency seeks such a grant, a budget for the project, 
and a justification for the budget; 
"(ii) provide to the Secretary data demonstrating 
that the State served by the agency has a substantial 
percentage of children with medical or special dietary 
needs, and information explaining the basis for the 
data; or 
"(iii) demonstrate to the satisfaction of the Sec-
retary that the activities supported through such a 
grant will be coordinated with activities supported 
under other Federal, State, and loced programs, 
including— 
"(I) activities carried out under title XIX of 
the Social Security Act (42 U.S.C. 1396 et seq.); 
"(II) activities carried out under the Individ-
uals with Disabilities Education Act (20 U.S.C. 
1400 et seq.); and 
"(III) activities carried out under section 19 
, 
of the Child Nutrition Act of 1966 (42 U.S.C. 1788) 
or by the food service management institute estab-
lished under section 21. 
"(B) REALLOCATION.—The Secretary shall act in a 
timely manner to recover and reallocate to other States 
any amounts provided to a State educational agency under 
this subsection that are not used by the agency within 
a reasonable period (as determined by the Secretary). 
108 STAT. 4734 
PUBLIC LAW 103-448—NOV. 2, 1994 
"(C) APPLICATIONS.—The Secretary shall allow State 
educational agencies to apply on an annual basis for assist-
ance under this subsection. 
"(4) 
ALLOCATION BY STATE EDUCATIONAL AGENCIES.—In 
allocating funds made available under this subsection within 
a State, the State educational agency shall give a preference 
to eligible entities that demonstrate the greatest ability to 
use the funds to carry out the plan submitted by the State 
in accordance with paragraph (3)(A)(i). 
"(5) MAINTENANCE OF EFFORT.—Expenditures of funds from 
State and local sources to accommodate the needs described 
in paragraph (1) shall not be diminished as a result of grants 
received under this subsection. 
"(6) 
AUTHORIZATION 
OF 
APPROPRIATIONS.—There 
are 
authorized to be appropriated $1,000,000 for each of fiscal 
years 1995 through 1998 to carry out this subsection.". 
42 use 1751 
SEC. 125. STUDY OF ADULTERATION OF JUICE PRODUCTS SOLD TO 
note. 
SCHOOL MEAL PROGRAMS 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct a study of the costs and problems associated with 
the sale of adulterated fruit juice and juice products to the school 
lunch program under the National School Lunch Act (42 U.S.C. 
1751 et seq.) and school breakfast program under section 4 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1773), including a 
study of— 
(1) the nature and extent to which juice products have 
been and are currently being adulterated; 
(2) the adequacy of current requirements and standards 
to preclude manufacturers from processing adulterated products 
for school meal programs; 
(3) the availability and effectiveness of various detection 
methods and testing procedures used to identify adulterated 
juice products; 
(4) the adequacy of existing enforcement mechanisms and 
efforts to detect and prosecute manufacturers of adulterated 
juice products; 
(5) the economic effect of the sale of adulterated juice 
products on the school meal program and on manufacturers 
of the products; and 
(6) the effect alternative mandatory inspection methods 
would have on program costs and various purchasing options. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall submit a report on 
the study conducted under subsection (a) (including any related 
recommendations) to 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. 
TITLE II—AMENDMENTS TO CHILD 
NUTRITION ACT OF 1966 
SEC 201. SCHOOL BREAKFAST PROGRAM. 
(a) 
MINIMUM 
NUTRITIONAL 
REQUIREMENTS 
MEASURED 
BY 
WEEKLY AVERAGE OF NUTRIENT CONTENT OF SCHOOL BREAK-
_^,-^ ^Tfer^f 
"^ 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4735 
FASTS.—The first sentence of section 4(e)(1) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1773(e)(1)) is amended by inserting before 
the period at the end the following: ", except that the minimum 
nutritional requirements shall be measured by not less than the 
weekly average of the nutrient content of school breakfasts". 
(b) TECHNICAL ASSISTANCE FOR SCHOOL BREAKFAST PROGRAM.— 
Section 4(e)(1) of such Act (42 U.S.C. 1773(e)(1)) is amended— 
(1) by inserting "(A)" after "(1)"; and 
(2) by adding at the end the following new subparagraph: 
"(B) The Secretary shall provide through State educational 
agencies technical assistance and training, including technical 
assistance and training in the preparation of foods high in complex 
carbohydrates and lower-fat versions of foods commonly used in 
the school breakfast program established under this section, to 
schools participating in the school breakfast program to assist the 
schools in complying with the nutritional requirements prescribed 
by the Secretary pursuant to subparagraph (A) and in providing 
appropriate meals to children with medically certified special 
dietary needs. The Secretary shall provide through State edu-
cational agencies additional technical assistance to schools that 
are having difficulty maintaining compliance with the require-
ments.". 
(c) PROMOTION OF PROGRAM.—Section 4(f)(1) of such Act (42 
U.S.C. 1773(f)(1)) is amended— 
(1) by inserting "(A)" after "(1)"; and 
(2) by adding at the end the following new subparagraphs: 
"(B) In cooperation with State educational agencies, the Sec-
retary shall promote the school breakfast program by— 
"(i) marketing the program in a manner that expands 
participation in the program by schools and students; and 
"(ii) improving public education and outreach efforts in 
language appropriate materials that enhance the public image 
of the program. 
"(C) As used in this paragraph, the term 'language appropriate 
materials' means materials using a language other than the English 
language in a case in which the language is dominant for a large 
percentage of individuals participating in the program.". 
(d) STARTUP AND EXPANSION OF SCHOOL BREAKFAST PROGRAM 
A
N
D SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.—Subsection 
(g) of section 4 of such Act (42 U.S.C. 1773(g)) is amended to 
read as follows: 
"STARTUP 
AND EXPANSION 
COSTS 
"(g)(1) Out of any moneys in the Treasury not otherwise appro-
priated, the Secretary of the Treasury shall provide to the Secretary 
$5,000,000 for each of fiscal years 1991 through 1997, $6,000,000 
for fiscal year 1998, and $7,000,000 for fiscal year 1999 and each 
subsequent fiscal year to make payments under this subsection. 
The Secretary shall be entitled to receive the funds and shall 
accept the funds. The Secretary shall use the funds to make pay-
ments on a competitive basis and in the following order of priority 
(subject to other provisions of this subsection), to— 
"(A) State educational agencies in a substantial number 
of States for distribution to eligible schools to assist the schools 
with nonrecurring expenses incurred in— 
"(i) initiating a school breakfast program under this 
section; or 
108 STAT. 4736 
PUBLIC LAW 103-448—NOV. 2, 1994 
"(ii) expanding a school breakfast program; and 
"(B) a substantial number of States for distribution to 
service institutions to assist the institutions with nonrecurring 
expenses incurred in— 
"(i) initiating a summer food service program for chil-
dren; or 
"(ii) expanding a summer food service program for 
children. 
"(2) Pajmients received under this subsection shall be in addi-
tion to payments to which State agencies are entitled under sub-
section (b) and section 13 of the National School Lunch Act (42 
U.S.C. 1761). 
"(3) To be eligible to receive a payment under this subsection, 
a State educational agency shall submit to the Secretary a plan 
to initiate or expand school breakfast programs conducted in the 
State, including a description of the manner in which the agency 
will provide technical assistance and funding to schools in the 
State to initiate or expand the programs. 
"(4) In making payments under this subsection for any fiscal 
year to initiate or expand school breakfast programs, the Secretary 
shall provide a preference to State educational agencies that— 
"(A) have in effect a State law that requires the expansion 
of the programs during the year; 
"(B) have significant public or private resources that have 
been assembled to carry out the expansion of the programs 
during the year; 
"(C) do not have a school breakfast program available to 
a large number of low-income children in the State; or 
"(D) serve an unmet need among low-income children, as 
determined by the Secretary. 
"(5) In making payments under this subsection for any fiscal 
year to initiate or expand summer food service programs for chil-
dren, the Secretary shall provide a preference to States— 
"(A)(i) in which the numbers of children participating in 
the summer food service program for children represent the 
lowest percentages of the number of children receiving free 
or reduced price meals under the school lunch program estab-
lished under the National School Lunch Act (42 U.S.C. 1751 
et seq.); or 
"(ii) that do not have a summer food service program for 
children available to a large number of low-income children 
in the State; and 
"(B) that submit to the Secretary a plan to expand the 
summer food service programs for children conducted in the 
State, including a description of— 
"(i) the manner in which the State will provide tech-
nical assistance and funding to service institutions in the 
State to expand the programs; and 
"(ii) significant public or private resources that have 
been assembled to carry out the expansion of the programs 
during the year. 
"(6) The Secretary shall act in a timely manner to recover 
and reallocate to other States any amounts provided to a State 
educational agency or State under this subsection that are not 
used by the agency or State within a reasonable period (as deter-
mined by the Secretary). 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4737 
"(7) The Secretary shall allow States to apply on an annual 
basis for assistance under this subsection. 
"(8) Each State agency and State, in allocating funds within 
the State, shall give preference for assistance under this subsection 
to eligible schools and service institutions that demonstrate the 
greatest need for a school breakfast program or a summer food 
service program for children, respectively. 
"(9) Expenditures of funds from State and local sources for 
the maintenance of the school breakfast program and the summer 
food service program for children shall not be diminished as a 
result of payments received under this subsection. 
"(10) As used in this subsection: 
"(A) The term 'eligible school' means a school— 
"(i) attended by children a significant percentage of 
whom are members of low-income families; 
"(ii)(I) as used with respect to a school breakfast pro-
gram, that agrees to operate the school breakfast program 
established or expanded with the assistance provided under 
this subsection for a period of not less than 3 years; and 
"(11) as used with respect to a summer food service 
program for children, that agrees to operate the summer 
food service program for children established or expanded 
with the assistance provided under this subsection for a 
period of not less than 3 years. 
"(B) The term 'service institution' means an institution 
or organization described in paragraph (1)(B) or (7) of section 
13(a) of the National School Lunch Act (42 U.S.C. 1761(a)(1)(B) 
or (7)). 
"(C) The term 'summer food service program for children' 
me£uis a program authorized by section 13 of such Act (42 
U.S.C. 1761).'° 
SEC. 202. STATE ADMINISTRATIVE EXPENSES. 
(a) WITHHOLDING.—Section 7(a) of the Child Nutrition Act of 
1966 (42 U.S.C. 1776(a)) is amended by adding at the end the 
following new paragraph: 
"(9)(A) If the Secretary determines that the administration 
of any program by a State under this Act (other than section 
17) or under the National School Lunch Act (42 U.S.C. 1751 et 
seq.), or compliance with a regulation issued pursuant to either 
of such Acts, is seriously deficient, and the State fails to correct 
the deficiency within a specified period of time, the Secretary may 
withhold from the State some or all of the fiinds allocated to 
the State under this section or under section 13(k)(l) or 17 of 
the National School Lunch Act (42 U.S.C. 1761(k)(l) or 1766). 
"(B) On a subsequent determination by the Secretary that 
the administration of any program referred to in subparagraph 
(A), or compliance with the regulations issued to carry out tlie 
program, is no longer seriously deficient and is operated in an 
acceptable manner, the Secretary may allocate some or all of the 
funds withheld under such subpsiragraph.". 
(b) EXTENSION OF AUTHORITY TO PROVIDE FUNDS FOR STATE 
ADMINISTRATIVE EXPENSES.—Section 7(h) of such Act (42 U.S.C. 
1776(h)) is amended by striking "1994" and inserting "1998". 
(c) PROHIBITION OF FUNDING UNLESS STATE AGREES TO PARTICI-
PATE IN CERTAIN STUDIES OR SURVEYS.—Section 7 of such Act 
(42 U.S.C. 1776) is amended— 
108 STAT. 4738 
PUBLIC LAW 103-448—NOV. 2,1994 
(1) by redesignating subsection (h) as subsection (i); and 
(2) by inserting after subsection (g) the following new sub-
section: 
"(h) The Secretary may not provide amounts under this section 
to a State for administrative costs incurred in any fiscal year 
unless the State agrees to participate in any study or survey of 
programs authorized under this Act or the National School Lunch 
Act (42 U.S.C. 1751 et seq.) and conducted by the Secretary.". 
SEC. 203. COMPETITIVE FOODS OF MINIMAL NUTRITIONAL VALUE. 
Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) 
is amended— 
(1) by designating the first, second, and third sentences 
as subsections (a), (b), and (c), respectively; 
(2) by indenting the margins of subsections (b) and (c) 
so as to align with the margins of subsection (b) of section 
11 of such Act (42 U.S.C. 1780); and 
(3) in subsection (b) (as designated by paragraph (1))— 
(A) by striking "Such regulations" and inserting "(1) 
The regulations"; and 
(B) by adding at the end the following new paragraphs: 
"(2) The Secretary shall develop and provide to State agencies, 
for distribution to private elementary schools and to public 
elementary schools through local educational agencies, model lan-
guage that bans the sale of competitive foods of minimal nutritional 
value anywhere on elementary school grounds before the end of 
the last lunch period. 
"(3) The Secretary shall provide to State agencies, for distribu-
tion to private secondary schools and to public secondary schools 
through local educational agencies, a copy of regulations (in exist-
ence on the effective date of this paragraph) concerning the sale 
of competitive foods of minimal nutritional value, 
"(4) Paragraphs (2) and (3) shall not apply to a State that 
has in effect a ban on the sale of competitive foods of minimal 
nutritional value in schools in the State.". 
SEC. 204. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM. 
(a) DEFINITION OF NUTRITIONAL RISK.—Section 17(b)(8) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(8)) is amended— 
(1) by redesignating subparagraph (D) as subparagraph 
(E); 
(2) by inserting after "health," at the end of subparagraph 
(C) the following new subparagraph: "(D) conditions that 
directly affect the nutritional health of a person, such as 
alcoholism or drug abuse,"; and 
(3) in subparagraph (E) (as redesignated by paragraph 
(1)), by striking "alcoholism and drug addiction, homelessness, 
and" and inserting "homelessness and". 
(b) PROMOTION OF PROGRAM.—Section 17(c) of such Act (42 
U.S.C. 1786(c)) is amended by adding at the end the following 
new paragraph: 
(5) The Secretary shall promote the special supplemental nutri-
tion program by producing and distributing materials, including 
television and radio public service announcements in English and 
other appropriate languages, that inform potentially eligible individ-
uals of the benefits and services under the program.". 
(c) ELIGIBILITY FOR CERTAIN PREGNANT WOMEN.—Section 17(d) 
of such Act (42 U.S.C. 1786(d)) is amended— 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4739 
(1) in paragraph (2), by adding at the end the following 
new subparagraph: 
"(C) In the case of a pregnant woman who is otherwise ineligible 
for participation in the program because the family of the woman 
is of insufficient size to meet the income eligibility standards of 
the program, the pregnant woman shall be considered to have 
satisfied the income eligibility standards if, by increasing the num-
ber of individuals in the family of the woman by 1 individual, 
the income eligibility standards would be met."; and 
(2) in paragraph (3)— 
(A) by inserting "(A)" after "(3)"; and 
(B) by adding at the end the following new subpara-
graph: 
"(B) A State may consider pregnant women who meet the 
income eligibility standards to be presumptively eligible to partici-
pate in the program and may certify the women for participation 
immediately, without delaying certification until an evaluation is 
made concerning nutritional risk. A nutritional risk evaluation of 
such a woman shall be completed not later than 60 days after 
the woman is certified for participation. If it is subsequently deter-
mined that the woman does not meet nutritional risk criteria, 
the certification of the woman shall terminate on the date of the 
determination.". 
(d) TECHNICAL CORRECTIONS.—Section 17(e) of such Act (42 
U.S.C. 1786(e)) is amended by redesignating paragraph (3) (as 
added by section 123(a)(3)(D) of the Child Nutrition and WIC 
Reauthorization Act of 1989 (PubHc Law 101-147; 103 Stat. 895)) 
and paragraphs (4) and (5) as paragraphs (4), (5), and (6), respec-
tively. 
(e) COORDINATION OF WIC 
AND MEDICAID PROGRAMS USING 
COORDINATED CARE PROVIDERS.—Section 17(0(l)(C)(iii) of such Act 
(42 U.S.C. 1786(f)(l)(C)(iii)) is amended by inserting before the 
semicolon at the end the following: ", including medicaid programs 
that use coordinated care providers under a contract entered into 
under section 1903(m), or a waiver granted under section 1915(b), 
of the Social Security Act (42 U.S.C. 1396b(m) or 1396n(b)) (includ-
ing coordination through the referral of potentially eligible women, 
infants, and children between the program authorized under this 
section and the medicaid program)". 
(f) 
PRIORITY CONSIDERATION FOR CERTAIN MIGRANT POPU-
LATIONS.—^The fiirst sentence of section 17(f)(3) of such Act (42 
U.S.C. 1786(f)(3)) is amended by inserting before the period at 
the end the following: "and shall ensure that local programs provide 
priority consideration to serving migrant participants who are resid-
ing in the State for a limited period of time". 
(g) INCOME ELIGIBILITY GUIDELINES.—Paragraph (18) of section 
17(f) of such Act (42 U.S.C. 1786(f)(18)) is amended to read as 
follows: 
"(18) Notwithstanding subsection (d)(2)(A)(i), not later than 
July 1 of each year, a State agency may implement income eligibility 
guidelines under this section concurrently with the implementation 
of income eligibility guidelines under the medicaid program estab-
Hshed under title XIX of the Social Security Act (42 U.S.C. 1396 
et seq.).". 
(h) USE OF RECOVERED PROGRAM FUNDS IN YEAR COLLECTED.— 
Section 17(f) of such Act (42 U.S.C. 1786(f)) is amended by adding 
at the end the following new paragraph: 
108 STAT. 4740 
PUBLIC LAW 103-448—NOV. 2, 1994 
"(23) A State agency may use funds recovered as a result 
of violations in the food delivery system of the program in the 
year in which the funds are collected for the purpose of carrying 
out the program.". 
(i) COORDINATION INITIATIVE FOR W I C AND MEDICAID PRO-
GRAMS.—Section 17(f) of such Act (42 U.S.C. 1786(f)) (as amended 
by subsection (h)) is further amended by adding at the end the 
following new paragraph: 
"(24) The Secretary and the Secretary of Health and Human 
Services shall carry out an initiative to assure that, in a case 
in which a State medicaid program uses coordinated care providers 
under a contract entered into under section 1903(m), or a waiver 
granted under section 1915(b), of the Social Security Act (42 U.S.C. 
1396b(m) or 1396n(b)), coordination between the program author-
ized by this section and the medicaid program is continued, 
including— 
"(A) the referral of potentially eligible women, infants, £ind 
children between the 2 programs; and 
"(B) the timely provision of medical information related 
to the program authorized by this section to agencies carrying 
out the program.". 
(j) EXTENSION OF PROGRAM.—Section 17 of such Act (42 U.S.C. 
1786) is amended— 
(1) in the first sentence of subsection (g)(1), by striking 
"1991, 1992, 1993, and 1994" and inserting "1995 through 
1998"; and 
(2) in the first sentence of subsection (h)(2)(A), by striking 
"1990, 1991, 1992, 1993 and 1994" and inserting "1995 through 
1998". 
(k) USE OF FUNDS FOR TECHNICAL ASSISTANCE AND RESEARCH 
EVALUATION PROJECTS.—Section 17(g)(5) of such Act (42 U.S.C. 
1786(g)(5)) is amended— 
(1) by striking "and administration of pilot projects" and 
inserting "administration of pilot projects"; and 
(2) by inserting before the period at the end the following: 
", and carrjdng out technical assistance and research evaluation 
projects of the programs under this section". 
(1) BREASTFEEDING PROMOTION AND SUPPORT ACTIVITIES.—Sec-
tion 17(h)(3) of such Act (42 U.S.C. 1786(h)(3)) is amended— 
(1) in subparagraph (A)(i)(II)— 
(A) by striking "an amount" and inserting "except as 
otherwise provided in subparagraphs (F) and (G), an 
amount"; and 
(B) by striking "$8,000,000," and inserting "the 
national minimum breastfeeding promotion expenditure, 
as described in subparagraph (E),"; and 
(2) by adding at the end the following new subparagraphs: 
"(E) ^
^
n the case of fiscal year 1996 (except as provided in 
subparagraph (G)) and each subsequent fiscal year, the national 
minimum breastfeeding promotion expenditure means an amount 
that is— 
"(i) equal to $21 multiplied by the number of pregnant 
women and breastfeeding women participating in the program 
nationwide, based on the average number of pregnant women 
and breastfeeding women so participating during the last 3 
months for which the Secretary has final data; and 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4741 
"(ii) adjusted for inflation on October 1, 1996, and each 
October 1 thereafter, in accordance with paragraph (l)(B)(ii). 
"(F) In the case of fiscal year 1995, a State shall pay, in 
lieu of the expenditure required under subparagraph (A)(i)(II), an 
amount that is equal to the lesser of— 
"(i) an amount that is more than the expenditure of the 
State for fiscal year 1994 on the activities described in subpara-
graph (A)(i); or 
"(ii) an amount that is equal to $21 multiplied by the 
number of pregnant women and breastfeeding women partici-
pating in the program in the State, based on the average 
number of pregnant women and breastfeeding women so partici-
pating during the last 3 months for which the Secretary has 
final data. 
"(G)(i) If the Secretary determines that a State agency is unable, 
for reasons the Secretary considers to be appropriate, to make 
the expenditure required under subparagraph (A)(i)(II) for fiscal 
year 1996, the Secretary may permit the State to make the required 
level of expenditure not later than October 1, 1996. 
"(ii) In the case of fiscal year 1996, if the Secretary makes 
a determination described in clause (i), a State shall pay, in lieu 
of the expenditure required under subparagraph (A)(i)(II), an 
amount that is equal to the lesser of— 
"(I) an amount that is more than the expenditure of the 
State for fiscal year 1995 on the activities described in subpara-
graph (A)(i); and 
"(II) an amount that is equal to $21 multiplied by the 
number of pregnant women and breastfeeding women partici-
pating in the program in the State, based on the average 
number of pregnant women and breastfeeding women so partici-
pating during the last 3 months for which the Secretary has 
final data.", 
(m) 
DEVELOPMENT OF STANDARDS FOR THE COLLECTION OF 
BREASTFEEDING DATA.~Section 17(h)(4) of such Act (42 U.S.C. 
1786(h)(4)) is amended— 
(1) by striking "and" at the end of subparagraph (C); 
(2) by striking the period at the end of subparagraph (D) 
and inserting "; and"; and 
(3) by adding at the end the following new subparagraph: 
"(E) not later than 1 year after the date of enactment 
of this subparagraph, develop uniform requirements for the 
collection of data regarding the incidence and duration of 
breastfeeding among participants in the program and, on devel-
opment of the uniform requirements, require each State agency 
to report the data for inclusion in the report to Congress 
described in subsection (d)(4).". 
(n) SUBMISSION OF INFORMATION TO CONGRESS ON WAIVERS 
WITH RESPECT TO PROCUREMENT OF INFANT FORMULA.—Section 
17(h)(8)(D)(iii) of such Act (42 U.S.C. 1786(h)(8)(D)(iii)) is amended 
by striking "at 6-month intervals" and inserting "on a timely basis". 
(o) COST CONTAINMENT.— 
(1) IN GENERAL.—Section 17(h)(8)(G) of such Act (42 U.S.C. 
1786(h)(8)(G)) is amended by adding at the end the following 
new clause: 
"(ix) Not later than September 30, 1996, the Secretary shall 
offer to solicit bids on behalf of State agencies regarding cost 
containment contracts to be entered into by infant cereal manufac-
108 STAT. 4742 
PUBLIC LAW 103-448—NOV. 2, 1994 
turers and State agencies. In carrying out this clause, the Secretary 
shall, to the maximum extent feasible, follow the procedures pre-
scribed in this subparagraph regarding offers made by the Secretary 
with regard to soliciting bids regarding infant formula cost contain-
ment contracts. The Secretary may carry out this clause without 
issuing regulations.". 
(2) REPEAL OF TERMINATION OF AUTHORITY.—Section 209 
of the WIC Infant Formula Procurement Act of 1992 (Public 
Law 102-512; 42 U.S.C. 1786 note) is repealed. 
(p) PROHIBITION ON INTEREST LIABILITY TO FEDERAL GOVERN-
MENT ON REBATE FUNDS.—Section 17(h)(8) of such Act (42 U.S.C. 
1786(h)(8)) is amended by adding at the end the following new 
subparagraph: 
"(L) A State shall not incur any interest liability to the Federal 
Grovernment on rebate funds for infant formula and other foods 
if all interest earned by the State on the funds is used for program 
purposes.". 
(q) USE OF UNIVERSAL PRODUCT CODES.—Section 17(h)(8) of 
such Act (42 U.S.C. 1786(h)(8)) (as amended by subsection (p)) 
is further amended by adding at the end the following new subpara-
graph: 
"(M)(i) The Secretary shall establish pilot projects in at least 
1 State, with the consent of the State, to determine the feasibility 
and cost of requiring States to carry out a system for using universal 
product codes to assist retail food stores that are vendors under 
the program in providing the type of infant formula that the partici-
pants in the program are authorized to obtain. In carrying out 
the projects, the Secretary shall determine whether the system 
reduces the incidence of incorrect redemptions of low-iron formula 
or brands of infant formula not authorized to be redeemed through 
the program, or both. 
Notification. 
"(ij) The Secretary shall provide a notification to the Committee 
on Education and Labor of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate 
regarding whether the system is feasible, is cost-effective, reduces 
the incidence of incorrect redemptions described in clause (i), and 
results in any additional costs to States. 
"(iii) The system shall not require a vendor under the program 
to obtain special equipment and shall not be applicable to a vendor 
that does not have equipment that can use universal product 
codes.". 
(r) USE OF UNSPENT NUTRITION SERVICES AND ADMINISTRATION 
FUNDS.—Section 17(h) of such Act (42 U.S.C. 1786(h)) is amended 
by adding at the end the following new paragraph: 
"(10)(A) For each of fiscal years 1995 through 1998, the Sec-
retary shall use for the purposes specified in subparagraph (B), 
$10,000,000 or the amount of nutrition services and administration 
funds for the prior fiscal year that has not been obligated, whichever 
is less. 
"(B) Fluids under subparagraph (A) shall be used for— 
"(i) development of infrastructure for the program under 
this section, including management information systems; 
"(ii) special State projects of regional or national signifi-
cance to improve the services of the program under this section; 
and 
"(iii) special breastfeeding support and promotion projects, 
including projects to assess the effectiveness of particular 
^
*
-
^
-
^
* 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4743 
breastfeeding promotion strategies and to develop State or local 
agency capacity or facilities to provide quality breastfeeding 
services.". 
(s) SPENDBACK FUNDS.—Section 17(i)(3) of such Act (42 U.S.C. 
1786(i)(3)) is amended— 
(1) in subparagraph (A)(i), by inserting "(except as provided 
in subparagraph (H))" after "1 percent"; and 
(2) by adding at the end the following new subparagraph: 
"(H) The Secretary may authorize a State agency to expend 
not more than 3 percent of the amount of funds allocated to a 
State under this section for supplemental foods for a fiscal year 
for expenses incurred under this section for supplemental foods 
during the preceding fiscal year, if the Secretary determines that 
there has been a significant reduction in infant formula cost contain-
ment savings provided to the State agency that would affect the 
ability of the State agency to at least maintain the level of participa-
tion by eligible participants served by the State agency.". 
(t) ELIMINATION OF DUPLICATIVE MIGRANT REPORTS.—Section 
17 of such Act (42 U.S.C. 1786) is amended— 
(1) in subsection (d)(4), by inserting after "Congress" the 
following: "and the National Advisory Council on Maternal, 
Infant, and Fetal Nutrition established under subsection (k)"; 
and 
(2) by striking subsection (j). 
(u) INITL\TIVE TO PROVIDE PROGRAM SERVICES AT COMMUNITY 
AND MIGRANT HEALTH CENTERS.—Section 17 of such Act (42 U.S.C. 
1786) (as amended by subsection (t)(2)) is further amended by 
inserting after subsection (i) the following new subsection: 
"(j)(l) The Secretary and the Secretary of Health and Human 
Services (referred to in this subsection as the 'Secretaries') shall 
jointly establish and carry out an initiative for the purpose of 
providing both supplemental foods and nutrition education under 
the special supplemental nutrition program and health care services 
to low-income pregnant, postpartum, and breastfeeding women, 
infants, and children at substantially more community health cen-
ters and migrant health centers. 
"(2) The initiative shall also include— 
"(A) activities to improve the coordination of the provision 
of supplemental foods and nutrition education under the special 
supplemental nutrition program and health care services at 
facilities funded by the Indian Health Service; and 
"(B) the development and implementation of strategies to 
ensure that, to the maximum extent feasible, new community 
health centers, migrant health centers, and other federally 
supported health care facilities established in medically under-
served areas provide supplemental foods and nutrition edu-
cation under the special supplemental nutrition program. 
"(3) The initiative may include— 
"(A) outreach and technical assistance for State and local 
agencies and the facilities described in paragraph (2)(A) and 
the health centers and facilities described in paragraph (2)(B); 
"(B) demonstration projects in selected State or local areas; 
and 
"(C) such other activities as the Secretaries find are appro-
priate. 
108 STAT. 4744 
PUBLIC LAW 103-448—NOV. 2, 1994 
Notification. 
"(4)(A) Not later than April 1, 1995, the Secretaries shall pro-
vide to Congress a notification concerning the actions the Secretar-
ies intend to take to carry out the initiative. 
"(B) Not later than July 1, 1996, the Secretaries shall provide 
to Congress a notification concerning the actions the Secretaries 
are taking under the initiative or actions the Secretaries intend 
to take under the initiative as a result of their experience in 
implementing the initiative. 
"(C) On completion of the initiative, the Secretaries shall pro-
vide to Congress a notification concerning an evaluation of the 
initiative by the Secretaries and a plan of the Secretaries to further 
the goals of the initiative. 
"(5) As used in this subsection: 
"(A) The term 'community health center' has the meaning 
given the term in section 330(a) of the Public Health Service 
Act (42 U.S.C. 254c(a)). 
"(B) The term 'migrant health center' has the meaning 
given the term in section 329(a)(1) of such Act (42 U.S.C. 
254b(a)(l)).". 
(v) EXPANSION OF FARMERS' MARKET NUTRITION PROGRAM.— 
(1) MATCHING REQUIREMENT FOR INDIAN STATE AGENCIES.— 
Section 17(m)(3) of such Act (42 U.S.C. 1786(m)(3)) is amended 
by adding at the end the following new sentence: "The Secretary 
may negotiate with an Indian State agency a lower percentage 
of matching funds than is required under the preceding sen-
tence, but not lower than 10 percent of the total cost of the 
program, if the Indian State agency demonstrates to the Sec-
retary financial hardship for the affected Indian tribe, band, 
group, or council.". 
(2) EXPANSION.—Section 17(m)(5)(F) of such Act (42 U.S.C. 
1786(m)(5)(F)) is amended— 
(A) in clause (i), by striking "15 percent" and inserting 
"17 percent"; 
(B) by striking clause (ii) and inserting the following 
new clause: 
"(ii) During any fiscal year for which a State receives 
assistance under this subsection, the Secretary shall permit 
the State to use not more than 2 percent of total program 
funds for market development or technical assistance to farm-
ers' markets if the Secretary determines that the State intends 
to promote the development of farmers' markets in socially 
or economically disadvantaged areas, or remote rural areas, 
where individuals eligible for participation in the program have 
limited access to locally grown fruits and vegetables."; and 
(C) in clause (iii), strike "for the administration of 
the program". 
(3) CONTINUED FUNDING FOR CERTAIN STATES UNDER FARM-
ERS' MARKET NUTRITION PROGRAM.—Subparagraph (A) of section 
17(m)(6) of such Act (42 U.S.C. 1786(m)(6)(A)) is amended 
to read as follows: 
"(A) The Secretary shall give the same preference for funding 
under this subsection to eligible States that participated in the 
program under this subsection in a prior fiscal year as to States 
that participated in the program in the most recent fiscal year. 
The Secretary shall inform each State of the award of funds as 
prescribed by subparagraph (G) by February 15 of each year.". 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4745 
(4) FUNDING REDUCTION FLOOR.—Section 17(m)(6)(B)(ii) of 
such Act (42 U.S.C. 1786(m)(6)(B)(ii)) is amended by striking 
"$50,000" each place it appears and inserting "$75,000". 
(5) STATE PLAN SUBMISSION DATE.—Section 17(m)(6)(D)(i) 
of such Act (42 U.S.C. 1786(m)(6)(D)(i)) is amended by striking 
"at such time and in such manner as the Secretary may reason-
ably require" and inserting "by November 15 of each year". 
(6) PERCENTAGE OF ANNUAL APPROPRL\TIONS AVAILABLE TO 
STATES UNDER FARMERS' MARKET NUTRITION PROGRAM.—Section 
17(m)(6)(G) of such Act (42 U.S.C. 1786(m)(6)(G)) is amended— 
(A) in the first sentence of clause (i), by striking "45 
to 55 percent" and inserting "75 percent"; and 
(B) in the first sentence of clause (ii), by striking "45 
to 55 percent" and inserting "25 percent". 
(7) DATA COLLECTION REQUIREMENTS.—Section 17(m)(8) of 
such Act (42 U.S.C. 1786(m)(8)) is amended by striking subpara-
graphs (D) and (E) and inserting the following new subpara-
graphs: 
"(D) the change in consumption of fresh fruits and vegeta-
bles by recipients, if the information is available; 
"(E) the effects of the program on farmers' markets, if 
the information is available; and". 
(8) EXTENSION OF COUPON PROGRAM.—Section 17(m)(10)(A) 
of such Act (42 U.S.C. 1786(m)(10)(A)) is amended— 
(A) by striking "$3,000,000 for fiscal year 1992, 
$6,500,000 for fiscal year 1993, and"; and 
(B) by inserting before the period at the end ", 
$10,500,000 for fiscal year 1995, and such sums as may 
be necessary for each of fiscal years 1996 through 1998". 
(9) ELIMINATION OF FUNDING CARRYOVER PROVISION UNDER 
FARMERS' MARKET NUTRITION PROGRAM.—Section 17(m)(10)(B)(i) 
of such Act (42 U.S.C. 1786(m)(10)(B)(i)) is amended— 
(A) in subclause (I), by striking "Except as provided 
in subclause (II), each" and inserting "Each"; and 
(B) in subclause (II), by striking "or may be retedned" 
and all that follows and inserting a period. 
(10) ELIMINATION OF REALLOCATION OF UNEXPENDED FUNDS 
WITH RESPECT TO DEMONSTRATION PROJECTS UNDER FARMERS' 
MARKET NUTRITION PROGRAM.—Section 17(m)(10)(B)(ii) of such 
Act (42 U.S.C. 1786(m)(10)(B)(ii)) is amended by striking the 
second sentence. 
(11) DEFINITION.-Section 17(m)(ll)(D) of such Act (42 
U.S.C. 1786(m)(ll)(D)) is amended by inserting before the 
period at the end the following: "and any other agency approved 
by the chief executive officer of the State". 
(12) PROMOTION BY THE SECRETARY.—The Secretary of Agri- 1^ VSC 1786 
culture shall promote the use of farmers' markets by recipients 
of Federal nutrition programs administered by the Secretary. 
(w) CHANGE IN NAME OF PROGRAM.— 
(1) IN GENERAL.—Section 17 of such Act (42 U.S.C. 1786) 
is amended— 
(A) by striking the section heading and inserting the 
following new section heading: 
note. 
108 STAT. 4746 
PUBLIC LAW 103-448—NOV. 2, 1994 
"SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 
AND CHILDREN"; 
(B) in the first sentence of subsection (c)(1), by striking 
"special supplemental food program" and inserting "special 
supplemental nutrition program"; 
(C) in the second sentence of subsection (k)(l), by strik-
ing "special supplemental food program" each place it 
appears and inserting "special supplemental nutrition pro-
gram"; and 
(D) in subsection (o)(l)(B), by striking "special supple-
mental food program" and inserting "special supplemental 
nutrition program". 
(2) CONFORMING AMENDMENTS.— 
(A) The second sentence of section 9(c) of the Food 
Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended by striking 
"special supplemental food program" and inserting "special 
supplemental nutrition program". 
(B) Section 685(bX8) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1484a(b)(8)) is amended by strik-
ing "Special Supplemental Food Program for Women, 
Infants and Children" and inserting "special supplemental 
nutrition program for women, infants, and children". 
(C) Section 3803(c)(2)(C)(x) of title 31, United States 
Code, is amended by striking "special supplemental food 
program" and inserting "special supplemental nutrition 
program". 
(D) Section 399(b)(6) of the Public Health Service Act 
(42 U.S.C. 280c-6(b)(6)) is amended by striking "special 
supplemental food program" and inserting "special supple-
mental nutrition program". 
(E) Paragraphs (IIXC) and (53)(A) of section 1902(a) 
of the Social Security Act (42 U.S.C. 1396a(a)) are each 
amended by striking "special supplemental food program" 
and inserting "special supplemental nutrition program". 
(F) Section 202(b) of the WIC Infant Formula Procure-
ment Act of 1992 (Public Law 102-512; 42 U.S.C. 1786 
note) is amended by striking "special supplemental food 
program" and inserting "special supplemental nutrition 
program". 
42 use 1786 
(3) REFERENCES.—^Any reference to the special supple-
"°*®- 
mental food program established under section 17 of the (5hild 
Nutrition Act of 1966 (42 U.S.C. 1786) in any provision of 
law, regulation, document, record, or other paper of the United 
States shall be considered to be a reference to the special 
supplemental nutrition program established under such section. 
SEC. 205. NUTRITION EDUCATION AND TRAINING PROGRAM. 
(a) NAME OF PROGRAM.—Section 19 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1788) is amended by striking "information 
and education" each place it appears in subsections (b), (c), (d)(1), 
(f)(1)(G), and (j)(l) and inserting "education and training". 
(b) NUTRITION EDUCATION PROGRAMS.—The second sentence 
of section 19(c) of such Act (42 U.S.C. 1788(c)) is amended— 
(1) in subparagraph (B), by striking "school food service" 
and inserting "child nutrition program"; 
(2) by striking "and" at the end of subparagraph (C); and 
' ^-t--V^ 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4747 
(3) by inserting before the period at the end the following: 
"; and (E) providing information to parents and caregivers 
regarding the nutritional value of food and the relationship 
between food and health". 
(c) NUTRITION EDUCATION AND TRAINING.—Section 19(d) of such 
Act (42 U.S.C. 1788(d)) is amended— 
(1) in paragraph (1)(C), by inserting before the period at 
the end the following:"', and the provision of nutrition education 
to parents and caregivers"; 
(2) in the first sentence of paragraph (4), by striking "edu-
cational and school food service personnel" and inserting "edu-
cational, school food service, child care, and summer food service 
personnel"; and 
(3) in the first sentence of paragraph (5), by inserting 
after "schools" the following: ", and in child care institutions 
and summer food service institutions,". 
(d) USE OF FUNDS.—Section 19(f)(1) of such Act (42 U.S.C. 
1788(f)(1)) is amended— 
(1) by striking "(f:)(l) The funds" and inserting "(f)(1)(A) 
The funds"; 
(2) by striking "for (A) employing" and inserting "for— 
"(i) employing"; 
(3) by redesignating subparagraphs (B) through (I) as 
clauses (ii) through (ix), respectively; 
(4) by indenting the margins of each of clauses (ii) through 
(ix) (as redesignated by paragraph (3)) so as to align with 
the margins of clause (i) (as amended by paragraph (2)); 
(5) by striking "and" at the end of clause (viii); 
(6) by redesignating clause (ix) as clause (xx); 
(7) by inserting after clause (viii) the following new clauses: 
"(ix) providing funding for a nutrition component that can 
be offered in consumer and homemaking education programs 
as well as in the health education curriculum offered to children 
in kindergarten through grade 12; 
"(x) instructing teachers, school administrators, or other 
school staff on how to promote better nutritional health and 
to motivate children from a variety of linguistic and cultural 
backgrounds to practice sound eating habits; 
"(xi) developing means of providing nutrition education in 
language appropriate materials to children and families of chil-
dren through after-school programs; 
"(xii) training in relation to healthy and nutritious meals; 
"(xiii) creating instructional programming, including lan-
guage appropriate materials and programming, for teachers, 
school food service personnel, and parents on the relationships 
between nutrition and health and the role of the Food Guide 
Pyramid established by the Secretary; 
"(xiv) funding aspects of the Strategic Plan for Nutrition 
^ 
and Education issued by the Secretary; 
"(xv) encouraging public service advertisements, including 
language appropriate materials and advertisements, to promote 
healthy eating habits for children; 
"(xvi) coordinating and promoting nutrition education and 
training activities in local school districts (incorporating, to 
the maximum extent practicable, as a learning laboratory, child 
nutrition programs); 
108 STAT. 4748 
PUBLIC LAW 103-448—NOV. 2, 1994 
"(xvii) contracting with public and private nonprofit edu-
cational institutions for the conduct of nutrition education 
instruction and programs relating to the purpose of this section; 
"(xviii) increasing public awareness of the importance of 
breakfasts for providing the energy necessary for the cognitive 
development of school-age children; 
"(xix) coordinating and promoting nutrition education and 
training activities carried out under child nutrition programs, 
including the summer food service program for children estab-
lished under section 13 of the National School Lunch Act (42 
U.S.C. 1761) and the child and adult care food program estab-
lished under section 17 of such Act (42 U.S.CJ. 1766); and"; 
and 
(8) by adding at the end the following new subparagraph: 
"(B) As used in this paragraph, the term 'language appropriate' 
used with respect to materials, programming, or advertisements 
means materials, programming, or advertisements, respectively, 
using a language other than the English language in a case in 
which the language is dominant for a large percentage of individuals 
participating in the program.". 
(e) ADMINISTRATIVE PURPOSES.—Section 19(f) of such Act (42 
U.S.C. 1788(f)) is amended by striking paragraph (3) and inserting 
the following new paragraph: 
"(3) A State agency may use an amount equal to not more 
than 15 percent of the funds made available through a grant under 
this section for expenditures for administrative purposes in connec-
tion with the program authorized under this section if the State 
makes available at least an equal amount for administrative or 
program purposes in connection with the program.". 
(f) STATE COORDINATORS FOR NUTRITION; STATE PLAN.—Section 
19(h) of such Act (42 U.S.C. 1788(h)) is amended— 
(1) in the first sentence of paragraph (2), by inserting 
"and training" after "education"; and 
(2) in the third sentence of paragraph (3)— 
(A) by striking "and" at the end of subparagraph (D); 
and 
(B) by inserting before the period at the end the follow-
ing: "; and (F) a comprehensive plan for providing nutrition 
education during the first fiscal year beginning after the 
submission of the plan and the succeeding 4 fiscal years". 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 19(i)(2)(A) of 
such Act (42 U.S.C. 1788(i)(2)(A)) is amended to read as follows: 
"(A) Out of any moneys in the Treasury not otherwise appro-
priated, and in addition to any amounts otherwise made available 
for fiscal year 1995, the Secretary of the Treasury shall provide 
to the Secretary $1,000 for fiscal year 1995 and $10,000,000 for 
fiscal year 1996 and each succeeding fiscal year for making grants 
under this section to each State for the conduct of nutrition edu-
cation and training programs. The Secretary shall be entitled to 
receive the funds and shall accept the funds.". 
(h) AVAILABILITY OF FUNDS.—Section 19(i) of such Act (42 
U.S.C. 1788(i)) is amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following new para-
graph: 
"(3) Funds made available to any State under this section 
shall remain available to the State for obligation in the fiscal 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4749 
year succeeding the fiscal year in which the funds were received 
by the State.". 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. CONSOLIDATION OF SCHOOL LUNCH PROGRAM AND SCHOOL 
42 USC 1751 
BREAKFAST PROGRAM INTO COMPREHENSIVE MEAL note. 
PROGRAM. 
(a) IN GENERAL.—^Notwithstanding any provision of National 
School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.), except as otherwise provided 
in this section, the Secretary of Agriculture shall, not later than 
18 months after the date of enactment of this Act, develop and 
implement regulations to consolidate the school lunch program 
under the National School Lunch Act (42 U.S.C. 1751 et seq.) 
and the school breakfast program under section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773) into a comprehensive meal 
program. 
(b) REQUIREMENTS.—In establishing the comprehensive meal 
program under subsection (a), the Secretary shall meet the following 
requirements: 
(1) The Secretarj-^ shall ensure that the program continues 
to serve children who are eligible for free and reduced price 
meals. The meals shall meet the nutritional requirements of 
section 9(a)(1) of the National School Lunch Act (42 U.S.C. 
1758(a)(1)) and section 4(e)(1) of the Child Nutrition Act of 
1966 (42 U.S.C. 1773(e)(1)). 
(2) The Secretary shall continue to make breakfast assist-
ance payments in accordance with section 4 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773) and food assistance payments 
in accordance with the National School Lunch Act (42 U.S.C. 
1751 et seq.). 
(3) The Secretary may not consolidate any aspect of the 
school lunch program or the school breakfast program with 
respect to any matter described in any of subparagraphs (A) 
through (N) of section 12(1)(4) of the National School Lunch 
Act (42 U.S.C. 1760(1)(4)). 
(c) PLAN AND RECOMMENDATIONS.— 
(1) PLAN FOR CONSOLIDATION AND SIMPLIFICATION.—Not 
later than 180 days prior to iinplementing the regulations 
described in subsection (a), the Secretary shall prepare and 
submit to the Committee on Education and Labor of the House 
of Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a plan for the consolidation 
and simplification of the school lunch program and the school 
breakfast program. 
(2) RECOMMENDATIONS WITH RESPECT TO CHANGE IN PAY-
MENT AMOUNTS.—If the Secretary proposes to change the 
amount of the breakfast assistance payment or the food assist-
ance payment under the comprehensive meal program, the 
Secretary shall not include the change in the consolidation 
and shall prepare and submit to the Committee on Education 
and Labor, and the Committee on Agriculture, of the House 
of Representatives and the Committee on Agricultxire, Nutri-
108 STAT. 4750 
PUBLIC LAW 103-448—NOV. 2, 1994 
tion, and Forestry of the Senate recommendations for legislation 
to effect the change, 
42 use 1751 
SEC. 302. STUDY AND REPORT RELATING TO USE OF PRIVATE FOOD 
note. 
ESTABLISHMENTS 
AND CATERERS 
UNDER 
SCHOOL 
LUNCH PROGRAM AND SCHOOL BREAKFAST PROGRAM. 
(a) STUDY.—The Comptroller General of the United States, 
in conjunction with the Director of the Office of Technology Assess-
ment, shall conduct a study on the use of private food establish-
ments and caterers by schools that participate in the school lunch 
program under the National School Lunch Act (42 U.S.C. 1751 
et seq.) or the school breakfast program under section 4 of the 
Child Nutrition Act of 1966 (42 U.S.C. 1773). In conducting the 
study, the Comptroller General of the United States shall— 
(1) examine the extent to which, manner in which, and 
terms under which the private food establishments and caterers 
supply meals and food to students and schools that participate 
in the school lunch program or the school breakfast program; 
(2) determine the nutritionsil profile of all foods provided 
to students during school hours; 
(3) evaluate the impact that the services provided by the 
establishments and caterers have on local child nutrition pro-
grams and the ability of the establishments and caterers to 
utilize the commodities under section 14 of the National School 
Lunch Act (42 U.S.C. 1762a); and 
(4) examine the impact that private food establishments 
and caterers have on— 
(A) student participation in the national school lunch 
program; 
(B) school food service employment; 
(C) generation of revenues through school lunch sales 
and a la carte sales of food in schools; and 
(D) the number of students leaving schools during 
lunch periods. 
(b) REPORT.—^Not later than September 1, 1996, the Comptroller 
General of the United States shall submit to the Committee on 
Education and Labor, and the Committee on Agriculture, of the 
House of Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report that contains the findings, 
determinations, and evaluations of the study conducted pursuant 
to subsection (a). 
SEC. 303. AMENDMENT TO COMMODITY DISTRIBUTION REFORM ACT 
AND WIC AMENDMENTS OF 1987. 
Section 3(h)(3) of the Commodity Distribution Reform Act and 
WIC Amendments of 1987 (Public Law 100-237; 7 U.S.C. 612c 
note) is amended— 
(1) by striking "Hawaii,"; and 
(2) by adding at the end the following new sentence: "The 
requirement established in paragraph (1) shall apply to recipi-
ent agencies in Hawaii only with respect to the purchase of 
pineapples.". 
42USC1762a 
SEC. 304. STUDY OF THE EFFECT OF COMBINING FEDERALLY 
note. 
DONATED AND FEDERALLY INSPECTED MEAT OR POUL-
TRY. 
(a) STUDY.—^The Comptroller General of the United States shall 
conduct a study on the incidence and the effect of States restricting 
PUBLIC LAW 103-448—NOV. 2, 1994 
108 STAT. 4751 
or prohibiting a legally contracted commercial entity from physically 
combining federally donated and inspected meat or poultry from 
another State. 
(b) REPORT.—Not later than September 1,1996, the Comptroller 
General of the United States shall submit to the Committee on 
Education and Labor and the Committee on Agriculture of the 
House of Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report that describes the findings, 
determinations, and evaluations of the study conducted pursuant 
to subsection (a). 
TITLE IV—EFFECTIVE DATE 
SEC. 401. EFFECTIVE DATE. 
42 USC 1755 
Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall become effective on October 
1,1994. 
Approved November 2, 1994. 
LEGISLATIVE HISTORY—S. 1614: 
SENATE REPORTS: No. 103-300 (Comm. on Agriculture, Nutrition, and Forestry). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Aug. 12, 25, considered and passed Senate. 
Oct. 4, 5, considered and passed House, amended. 
Oct. 6, Senate concurred in House amendment.