An Act to amend the National School Lunch Act and the Child Nutrition Act of 1966 in order to extend and revise the special food service program for children and the school breakfast program, and for other purposes related to strengthening the school lunch and child nutrition programs.
PL 94-105 (H.R.4222), enacted 10/07/1975

PUBLIC LAW 94-105—OCT. 7, 1975 
89 STAT. 511 
Public Law 94-105 
94th Congress 
An Act 
To amend the National School Lunch Act and the Child Nutrition Act of 1966 
in order to extend and revise the special food service program for children 
and the school breakfast program, and for other purposes related to strengthen-
ing the school lunch and child nutrition programs. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "National School Lunch Act and Child Nutrition Act 
of 1966 Amendments of 1975". 
SCHOOL BREAKFAST PROGRAM 
SEC. 2. Section 4(a) of the Child Nutrition Act of 1966 (80 Stat. 
885, as amended) is amended by striking out "for the fiscal years 
ending June 30, 1973, June 30, 1974, and June 30, 1975,". 
SEC. 3. Section 4 of the Child Nutrition Act of 1966 is amended by 
adding at the end thereof the following new subsection: 
"(g) As a national nutrition and health policy, it is the purpose 
and intent of the! Congress that the school breakfast program be made 
available in all schools where it is needed to provide adequate nutri-
tion for children in attendance. The Secretary is hereby directed, in 
cooperation with State educational agencies, to carry out a program 
of information in furtherance of this policy. Within 4 months after 
the enactment of this subsection, the Secretary shall report to the 
committees of jurisdiction in the Congress his plans and those of the 
cooperating State agencies to bring about the needed expansion in the 
school breakfast program.". 
Oct. 7, 1975 
[H.R. 4222] 
National School 
Lunch Act and 
Child Nutrition 
Act of 1966 
Amendments of 
1975. 
42 u s e 1751 
note. 
42 u s e 1773. 
Report to 
Congress. 
DIRECT FEDERAL EXPENDITURES 
SEC. 4. Section 6(b) of the National School Lunch Act (60 Stat. 
230, as amended) is amended— 
42 USC 1755. 
(a) By striking out "nonprofit private" the first time such term 
occurs in the proviso of the third sentence and inserting in lieu thereof 
"any of the". 
(b) By striking out "nonprofit private" the second time such term 
occurs in the proviso of the third sentence and inserting in lieu thereof 
"such". 
(c) By striking out "nonprofit private" where such term occurs in 
the fourth sentence. 
MATCHING 
SEC. 5. Section 7 of the National School Lunch Act is amended by 42 USC 1756. 
inserting after the seventh sentence thereof the following new sen-
tence: "The requirement in this section that each dollar of Federal 
assistance be matched by $3 from sources within the State (with adjust-
ments for the per capita income of the State) shall not be applicable 
with respect to the payments made to participating schools under 
section 4 of this Act for free and reduced price lunches: Provided, 
42 USC 1753. 
That the foregoing provision shall not affect the level of State match-
ing required by the sixth sentence of this section.". 
89 STAT. 512 
PUBLIC LAW 94-105—OCT. 7, 1975 
INCOME GUIDELINES FOR REDUCED PRICE LUNCHES AND MODIFICATION OF 
PROGRAM REQUIREMENTS 
42 use 1758. 
SEC 6. Section 9 of the National School Lunch Act is amended as 
follows: 
(a) Subsection (a) is amended by adding at the end thereof the 
following new sentences: "The Secretarjr shall establish, in cooperation 
with State educational agencies, administrative procedures, which 
shall include local educational agencj^ and student participation, 
designed to diminish waste of foods which are served by schools par-
ticipating in the school lunch program under this Act without 
endangering the nutritional integrity of the lunches served by such 
schools. Students in senior high schools which participate in the school 
lunch program under this Act shall not be required to accept offered 
foods which they do not intend to consume, and any such failure to 
accept offered foods shall not affect the full charge to the student for a 
lunch meeting the requirements of this subsection or the amount of 
payments made under this Act to any such school for such a lunch.". 
(b) Subsection (b) is amended— 
(1) By inserting "(1)" immediately after the subsection 
designation. 
(2) By striking out in the fifth sentence thereof the following: 
", if a school elects to serve reduced-price lunches". 
(3) By inserting immediately after the fifth sentence thereof 
the following new sentence: "Any child who is eligible for a 
reduced price lunch under income guidelines prescribed for schools 
in that State under the preceding sentence shall be served a 
reduced price lunch.". 
(4) By adding at the end thereof the following new sentence: 
"Notwithstanding any other provision of this subsection, begin-
ning with the fiscal year ending June 30, 1976, the income guide-
lines prescribed by each State educational agency for reduced 
price lunches for schools in that State under the fifth sentence 
of this paragraph shall be 95 per centum above the applicable 
family size income levels in the income poverty guidelines pre-
scribed by the Secretary, and any child who is a member of a 
household, if that household has an annual income which falls 
between (A) the applicable family size income level of the income 
guidelines for free lunches prescribed by the State educational 
agency and (B) 95 per centum above the applicable family size 
income levels in the income poverty guidelines prescribed by the 
Secretary, shall be served a reduced price lunch at a price not to 
exceed 20 cents.". 
Computation. 
(c) Effective January 1, 1976, paragraph (1) of subsection (b) is 
Effective date. 
revised to read as follows: 
" (b) (1) No later than June 1 of each fiscal year, the Secretary shall 
issue revised income poverty guidelines for use during the subsequent 
12-montli period from July through June. Such revisions shall be 
made by multiplying the income poverty guideline currently in effect 
by the change in the Consumer Price Index for the 12-month period 
ending in April of such fiscal year: Provided^ That such revision for 
use from July 1976 through June 1977 shall be made by multiplying 
the income poverty guideline currently in effect by the change between 
the average 1974 Consumer Price Index and the Consumer Price Index 
for April 1976. Any child who is a member of a household which 
has an annual income not above the applicable family-size income 
level set forth in the income poverty guidelines prescribed by the Sec-
PUBLIC LAW 94-105—OCT. 7, 1975 
89 STAT. 513 
retary shall be served a free lunch. Following the announcement by 
the Secretary of the income poverty guidelines for each 12-month 
period, each State educational agency shall prescribe the income guide-
lines, by family size, to be used by schools in the State during such 
12-month period in making determinations of those eligible for a free 
lunch as prescribed in this section. The income guidelines for free 
lunches to be prescribed by each State educational agency shall not 
be less than the applicable family-size income levels in the income 
poverty guidelines prescribed by the Secretary and shall not be more 
than 25 per centum above such family-size income levels. Each fiscal 
year, each State educational agency shall also prescribe income guide-
lines, by family size, to be used by schools in the State during the 
12-month period from July through June in making determinations of 
those children eligible for a lunch at a reduced price, not to exceed 
20 cents. Such income guidelines for reduced-price lunches shall be 
prescribed at 95 per centum above the applicable family size income 
levels in the income poverty guidelines prescribed by the Secretary. 
Any child who is a member of a household, if that household has an 
annual income which falls between (A) the applicable family size 
income level of the income guidelines for free lunches prescribed by the 
State educational agency and (B) 95 per centum above the applicable 
family size income levels in the income poverty guidelines prescribed 
by the Secretary, shall be served a reduced price lunch at a price not 
to exceed 20 cents. Local school authorities shall publicly announce 
such income guidelines on or about the opening of school each fiscal 
year, and shall make determinations with respect to the annual incomes 
of any household solely on the basis of a statement executed in such 
form as the Secretary may prescribe by an adult member of such house-
hold : Provided, That such local school authorities may for cause seek 
verification of the data in such application. No physical segregation of 
or other discrimination against any child eligible for a free lunch or a 
reduced priae lunch shall be made by the school nor shall there be 
any overt identification of any child by special tokens or tickets, 
announced or published lists of names, or by other means. For purposes 
of this subsection, 'Consumer Price Index' means the Consumer Price 
Index published each month by the Bureau of Labor Statistics of the 
Department of Labor.". 
(d) Subsection (b) is further amended by adding at the end thereof 
the following new paragraph (2) : 
"(2) Any child who has a parent or guardian who (A) is respon-
sible for the principal support of such child and (B) is unemployed 
shall be served a free or reduced price lunch, respectively, during 
any period (i) in which such child's parent or guardian continues to 
be unemployed and (ii) the income of the child's parents or guardians 
during such period of unemployment falls within the income eligibil-
ity criteria for free lunches or reduced price lunches, respectively, 
based on the current rate of income of such parents or guardians. Local 
school authorities shall publicly announce that such children are eligi-
ble for a free or reduced price lunch, and shall make determinations 
with respect to the status of any parent or guardian of any child 
under clauses (A) and (B) of the preceding sentence solely on the 
basis of a statement executed in such form as the Secretary may 
prescribe by such parent or guardian. No physical segregation of, or 
other discrimination against, any child eligible for a free or reduced 
price lunch under this paragraph shall be made by the school nor shall 
there be any overt identification of any such child by special tokens or 
Public 
announcement;. 
Overt 
identification, 
prohibition. 
"Consumer Price 
Index." 
Parents or 
guardians, 
unemployment. 
Public 
announcement. 
Overt 
identification, 
prohibition. 
89 STAT. 514 
PUBLIC LAW 94-105—OCT. 7, 1975 
tickets, announced or published lists of names, or by any other means.", 
(e) Subsection (c) is amended by striking out "nonprofit private 
schools" and inserting in lieu thereof "schools (as defined in section 
12(d) (6) of this Act which are private and nonprofit as defined in 
the last sentence of section 12 (d) (6) of this Act)". 
NONPROFIT PRIVATE SCHOOLS 
42 use 1759. 
SEC. 7. Section 10 of the National School Lunch Act is amended to 
read as follows: 
u 
DISBURSEMENT TO SCHOOLS BY THE SECRETARY 
"SEC. 10. If, in any State, the State educational agency is not per-
mitted by law to disburse the funds paid to it under this Act to any 
of the schools in the State, or is not permitted by law to match Federal 
funds made available for use by such schools, the Secretary shall dis-
burse the funds directly to such schools within the State for the same 
purposes and subject to the same conditions as are authorized or 
required with respect to the disbursements to schools within the State 
by the State educational agency, including the requirement that any 
such payment or payments shall be matched, in the proportion speci-
fied in section 7 for such State, by funds from sources within the 
State expended by such schools within the State participating in the 
school lunch program under this Act. Such funds shall not be con-
sidered a part of the funds constituting the matching funds under 
the terms of section 7.". 
SUBMISSION OF STATE NUTRITION PLAN 
42 use 1759a. 
SEC. 8. Section 11 of the National School Lunch Act is amended— 
(a) By striking out in paragraph (1) of subsection (e) "Not later 
than January 1 of each year" and inserting in lieu thereof the follow-
ing : "Each year by not later than a date specified hj the Secretary". 
(b) By striking out in paragraph (1) of subsection (e) the word 
"fiscal" and inserting in lieu thereof the following: "school". 
MISCELLANEOUS PROVISIONS AND DEFINITIONS 
42 use 1760. 
SEC. 9. (a) Section 12(d) of the National School Lunch Act is 
amended by striking out paragraph (3) and by redesignating para-
graphs (4) through (7) as paragraphs (3) through (6), respectively, 
(b) Section 12(d) (1) of the National School Lunch Act is amended 
by striking out "or American Samoa" and inserting in lieu thereof 
"American Samoa, or the Trust Territory of the Pacific Islands". 
"School." 
(c) Section 12(d) (6) of the National School Lunch Act (as redesig-
nated by subsection (a) of this section) is amended to read as follows: 
(^) 'School' means (A) any public or nonprofit private school 
of high school grade or under, (B) any public or licensed non-
profit private residential child care institution (including, but 
not limited to, orphanages and homes for the mentally retarded), 
and (C) with respect to the Commonwealth of Puerto Rico, non-
profit child care centers certified as such by the Governor of 
Puerto Rico. For purposes of clauses (A) and (B) of this para-
graph, the term 'nonprofit', when applied to any such private 
school or institution, means any such school or institution which 
PUBLIC LAW 94-105—OCT. 7, 1975 
89 STAT. 515 
is exempt from tax under section 501(c)(3) of the Internal 
Revenue Code of 1954.". 
(d) Section 12 of the National School Lunch Act is amended by 
adding at the end thereof the following new subsection (e) : 
"(e) The value of assistance to children under this Act shall not 
be considered to be income or resources for any purposes under any 
Federal or State laws, including laws relating to taxation and wel-
fare and public assistance programs.". 
26 use 501. 
42 use 1760. 
42 use 1771 
note. 
COMM)0DITr DISTRIBUTION PROGRAM 
SEC. 10. Section 14 of the National School Lunch Act is amended 42 USe 1762a. 
by inserting "(a)" immediately after the section designation, by 
striking out "June 30, 1975" and inserting in lieu thereof "Septem-
ber 30, 1977", and by adding at the end thereof the following new 
subsection: 
"(b) Among the products to be included in the food donations to 
the school lunch program shall be cereal and shortening and oil 
products.". 
FEDERAL EXPENDITURES 
SEC. 11. Section 6 of the National School Lunch Act is amended— 42 USe 1755., 
(a) By adding at the end of subsection (a) the following new sen-
tence: "In making purchases of such agricultural commodities and 
other foods, the Secretary shall not issue specifications which restrict 
participation of local producers unless such specifications will result 
in significant advantages to the food service programs authorized by 
this Act and the Child Nutrition Act of 1966.". 
(b) By adding at the end of subsection (e) the following new 
sentence: "Notwithstanding any other provision of this section, not 
less than 75 per centum of the assistance provided under this subsec-
tion (e) shall be in the form of donated foods for the school lunch 
program.". 
ELECTION TO RECEIVE CASH PAYMENTS 
SEC. 12. The National School Lunch Act is amended by adding at 
the end thereof the following new section: 
"SEC. 16. (a) Notwithstanding any other provision of law, where 42 USe 1765. 
a State phased out its commodity distribution facilities prior to 
June 30, 1974, such State may, for purposes of the programs author-
ized by this Act and the Child Nutrition Act of 1966, elect to receive 
cash payments in lieu of donated foods. Where such an election is 
made, the Secretary shall make cash payments to such State in an 
amount equivalent in value to the donated foods that the State would 
otherwise have received if it had retained its commodity distribution 
facilities. The amount of cash payments in the case of lunches shall be 
governed by section 6 (e) of this Act. 
"(b) When such payments are made, the State educational agency 
shall promptly and equitably disburse any cash it receives in lieu of 
commodities to eligible schools and institutions, and such disburse-
ments shall be used by such schools and institutions to purchase United 
States agricultural commodities and other foods for their food service 
programs.". 
SUMMER FOOD PROGRAM 
SEC. 13. Effective October 1,1975, section 13 of the National School Effective date. 
Lunch Act is amended to read as follows: 
42 USC 1761. 
89 STAT. 516 
PUBLIC LAW 94-105—OCT. 7, 1975 
a 
Appropriation 
authorization. 
"Service 
institutions.' 
42 use 1771 
note. 
"Poor economic 
conditions." 
42 use 1751 
note. 
'State.' 
Rate adjustment. 
SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 
"SEC. 13. (a) (1) There is hereby authorized to be appropriated 
such sums as are necessary for the fiscal year ending June 30, 1976, 
for the period July 1, 1976, through September 30, 1976, and for the 
fiscal year ending September 30, 1977, to enable the Secretary to for-
mulate and carry out a program to assist States through grants-in-aid 
and other means, to initiate, maintain, and expand nonprofit food 
service programs for children in service institutions. For purposes of 
this section, the term 'service institutions' means nonresidential public 
or private, nonprofit institutions, and residential public or private 
nonprofit summer camps that develop special summer programs pro-
viding food service similar to that available to children under the 
school lunch program under this Act or the school breakfast program 
under the Child Nutrition Act of 1966 during the school year. To the 
maximum extent feasible, consistent with the purposes of this section, 
special summer programs shall utilize the existing food service facili-
ties of public and nonprofit private schools. Any eligible service insti-
tution shall receive the summer food program upon its request. 
"(2) Service institutions eligible to participate under the program 
authorized under this section shall be limited to those which conduct 
a regularly scheduled program for"children from areas in which poor 
economic conditions exist, for any period during the months of May 
through September, at site locations where organized recreation activi-
ties or food services are provided for children in attendance. 
"(3) For the purposes of this section, 'poor economic conditions' 
shall mean an area in which at least SSy^ per centum of the children 
are eligible for free or reduced price school meals under the National 
School Lunch Act and Child Nutrition Act as shown by information 
provided from model city target areas, departments of welfare, zoning 
commissions, census tracts, by the number of free and reduced price 
lunches or breakfasts served to children attending schools located 
in the area of summer food sites, or from other applicable sources. 
'State' shall mean any of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, and the Trust Territory of the Pacific Islands. 
"(b) Disbursement to service institutions shall equal the full cost 
of food service operations, except that such financial assistance to any 
such institution shall not exceed (1) 75.5 cents for all costs excepting 
administrative costs for each lunch and supper served, (2) 6 cents for 
administrative costs for each lunch and supper served, (3) 42 cents 
for all costs except administrative costs for each breakfast served, 
(4) 3 cents for administrative costs for each breakfast served, (5) 
19.75 cents for all costs except administrative costs for each meal 
supplement served, and (6) 1.6 cents for administrative costs for each 
meal supplement served: Provided, That the above amounts shall be 
adjusted each March 1 to the nearest one-fourth cent in accordance 
with changes for the year ending January 31 in the series for food 
away from home of the Consumer Price Index published by the 
Bureau of Labor Statistics of the Department of Labor. The initial 
such adjustment shall reflect the change in the series for food away 
from home during the period January 31, 1975, to January 31, 1976. 
The cost of food service operations shall include the cost of obtaining, 
preparing, and serving food and related administrative costs. No serv-
ice institution shall be prohibited from serving breakfasts, suppers, and 
meal supplements as well as lunches unless the service period of 
different meals coincides or overlaps. 
PUBLIC LAW 94-105—OCT. 7, 1975 
89 STAT. 517 
"(c) Disbursements shall be made to service institutions only for 
meals served during the months of May through September, except 
that the foregoing provision shall not apply to institutions which 
develop food service programs for children on school vacation at 
any time under a continuous school calendar or prevent such insti-
tutions, if otherwise eligible, from participating in the program 
authorized by this section. 
"(d) No later than June 1, July 1, and August 1 of each year, the 
Secretary shall forward to each State an advance payment for meals 
to be served in that month pursuant to subsection (b), which amount 
shall be no less than (1) the total payment made to such State for 
meals served pursuant to subsection (b) for the same calendar month 
of the preceding calendar year or (2) 65 per centum of the amount 
estimated by the State, on the basis of approved applications, to be 
needed to reimburse service institutions for meals to be served pur-
suant to subsection (b) in that month, whichever is the greater. The 
Secretary shall forward any remaining payment due pursuant to 
subsection (b) no later than 60 days following receipt of valid claims. 
Any funds advanced to a State for which valid claims have not been 
established within 180 days shall be deducted from the next appro-
priate monthly advance payment unless the claimant requests a hear-
ing with the Secretary prior to the 180th day. Institutions operating 
programs during nonsummer vacations during a continuous school 
year calendar shall receive advance payments not later than the first 
day of each month involved. 
"(e) Service institutions to which funds are disbursed under this 
section shall serve meals consisting of a combination of foods and 
meeting minimum nutritional standards prescribed by the Secretary 
on the oasis of tested nutritional research. Such meals shall be served 
without cost to children attending service institutions approved for 
operation under this section. 
"(f) The Secretary shall publish proposed regulations relating to 
the implementation of the summer food program by January 1 of 
each fiscal year, and shall publish final regulations, guidelines, appli-
cations, and handbooks by March 1 of each fiscal year. In order to 
improve program planning, the Secretary is authorized to provide 
that service institutions receive as startup costs not to exceed 10 per 
centum of the Federal funds provided such service institutions for 
meals served pursuant to this section during the preceding summer. 
Any such startup costs shall be subtracted from payments subsequently 
made to service institutions for meals served pursuant to subsection 
(b) of this section. 
"(g) Each participating service institution shall, insofar as prac-
ticable, utilize in its program foods designated from time to time by 
the Secretary as being in abundance, either nationally or in the insti-
tution area, or foods donated by the Secretary. Irrespective of the 
amount of funds appropriated under this section, foods available 
under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), or 
purchased under section 32 of the Act of August 24, 1935 (7 U.S.C 
612c), or section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 
1446a-l), shall be donated by the Secretary to service institutions in 
accordance with the needs as determined by authorities of these insti-
tutions for utilization in their feeding programs. 
"(h) If in any State the State educational agency is not permitted 
by law or is otherwise unable to disburse the funds paid to it under 
this section to any service institution in the State, the Secretary shall 
disburse the funds directly to service institutions in the State for the 
Advance 
payments. 
Regulations, 
publication. 
89 STAT. 518 
PUBLIC LAW 94-105—OCT. 7, 1975 
Appropriation 
authorization. 
Recordkeeping. 
same purpose and subject to the same conditions as are required of a 
State educational agency disbursing funds made available under this 
section. 
"(i) Expenditures of funds from State and local sources for the 
maintenance of food programs for children shall not be diminished as 
a result of funds received under this section. 
"(j) There is hereby authorized to be appropriated such sums as 
may be necessary for the Secretary's administrative expenses under 
this section. 
"(k) The Secretary shall pay to each State for administrative costs 
incurred pursuant to this section an amount equal to 2 per centum 
of the funds distributed to that State pursuant to subsection (b) : 
Provided, That no State shall receive less than $10,000 each fiscal year 
for its administrative costs unless the funds distributed to that State 
pursuant to subsection (b) total less than $50,000 for such fiscal year. 
" (1) Nothing in this section shall be construed as precluding a serv-
ice institution from contracting on a competitive basis for the furnish-
ing of meals or administration of the program, or both. 
"(m) States, State educational agencies, and service institutions 
participating in programs under this section: shall keep such accounts 
and records as may be necessary to enable the Secretary to determine 
whether there has been compliance with this section and the regula-
tions hereunder. Such accounts and records shall at all times be avail-
able for inspection and audit by representatives of the Secretary and 
shall be preserved for such period of time, not in excess of 5 years, as 
the Secretary determines is necessary.". 
Effective date. 
42 u s e 1786. 
Cash grants. 
SPECIAL SUPPLEMENTAL, FOOD PROGRAM 
SEC. 14. Effective beginning with the fiscal year ending June 30, 
1976, section 17 of the Child Nutrition Act of 1966 is revised to read 
as follows: 
u 
SPECIAL SUPPLEMENTAL FOOD PROGRAM 
"SEC. 17. (a) The Congress finds that substantial numbers of preg-
nant women, infants, and young children are at special risk in respect 
to their physical and mental health by reason of poor or inadequate 
nutrition or health care, or both. It is, therefore, the purpose of the 
program authorized by this section to provide supplemental nutri-
tijous food as an adjunct to good health care during such critical times 
of growth and development in order to prevent the occurrence of 
health problems. 
"(b)(1) During the fiscal year ending June 30, 1976, the period 
July 1, 1976, through September 30, 1976, the fiscal year ending Sep-
tember 30, 1977, and the fiscal year ending September 30, 1978, the 
Secretary shall make cash grants to the health department or compa-
rable agency of each State, Indian tribe, band or group recognized by 
the Department of the Interior; or the Indian Health Service of the 
Department of Health, Education, and Welfare for the purpose of 
providing funds to local health or welfare agencies or private non-
profit agencies of such State; Indian tribe, band, or group reco^ized 
by the Department of the Interior; or the Indian Health Service of 
the Department of Health, Education, and Welfare, serving local 
health or welfare needs to enable such agencies to carry out health and 
nutrition programs under which supplemental foods will be made 
available to pregnant or lactating women and to infants determined 
by competent professionals to be nutritional risks because of inade-
PUBLIC LAW 94-105—OCT. 7, 1975 
89 STAT. 519 
Appropriation 
authorization. 
Administrative 
costs. 
quate nutrition and inadequate income, in order to improve their health 
status. The program authorized by this section shall be carried out 
supplementary to the food stamp and food distribution program and 
operate side by side with existing supplemental food programs. 
"(2) Any eligible local health or welfare agency or private non-
profit agency that applies to operate such a supplemental food program 
immediately shall be provided with the necessary funds to carry out 
the program. The requirements set forth herein shall not be construed 
to permit the Secretary to reduce ratably the amount of foods that an 
eligible health or welfare agency shall distribute under the program 
to pregnant or lactating mothers and infants. 
"(c) In order to carry out such program during each fiscal year 
during the period ending September 30, 1977, there is authorized to 
be appropriated the sum of $250,000,000, but in the event that such 
sum has not been appropriated for such purpose by the beginning of 
each fiscal year, the Secretary shall use $250,000,000, or, if any amount 
has been appropriated for such program, the difference, if any, between 
the amount directly appropriated for such purpose and $250,000,000, 
out of funds appropriated by section 32 of the Act of August 24,1935 
(7 U.S.C. 612c). Any funds expended from such section 32 to carry Reimbursement 
out the provisions of this section shall be reimbursed out of any sup-
plemental appropriation hereafter enacted for the purpose of carry-
ing out the provisions of such subsection, and such reimbursements 
shall be deposited into the fund established pursuant to such section 
32, to be available for the purpose of such section. In order to carry 
out the program during the fiscal year ending September 30, 1978, 
there is authorized to be appropriated not to exceed $250,000,000. 
"(d) Whenever any program is carried out by the Secretary under 
authority of this section through any State or local or nonprofit 
agency, he is authorized to pay administrative costs not to exceed 20 
per centum of the program funds provided to each State under the 
authority of this section. Each health department or comparable agency 
of each State, Indian tribe, band, or group recognized by the Depart-
ment of the Interior; or the Indian Health Service of the Department 
of Health, Education, and Welfare receiving funds from the Sec-
retary under this section shall, by January 1 of each year (by Decem-
ber 1 in the case of fiscal year 1976), for approval by the Secre-
tary as a prerequisite to receipt of funds under this section, submit a 
description of the manner in which administrative funds shall be spent, 
including, but not limited to, a description of the manner in which 
nutrition education services will be provided. The Secretary shall take 
affirmative action to insure that programs begin in areas most in need 
of special supplemental food. During the first 3 months of any pro-
gram, or until the program reaches its projected caseload level, which-
ever comes first, the Secretary shall pay those administrative costs 
necessary to commence the program successfully. 
"(e) The eligibility of persons to participate in the program pro-
vided for under this section shall be determined by competent pro-
fessional authority. Participants shall be residents of areas or members 
of populations served by clinics or other health facilities determined 
to have significant numbers of infants and pregnant and lactating 
women at nutritional risk. 
"(f) State or local agencies or groups carrying out any programs 
under this section shall maintain adequate medical records on the 
participants assisted to enable the Secretary to determine and evaluate 
the benefits of the nutritional assistance provided under this section. 
The Secretary shall convene an advisory committee made up of rep- Advisory 
committee. 
Participants. 
89 STAT. 520 
PUBLIC LAW 94-105—OCT. 7, 1975 
Report and 
recommendations, 
submittal to 
Congress. 
Definitions. 
resentatives from the Maternal and Child Health Division of the 
Department of Health, Education, and Welfare, the Center for Disease 
Control, the Association of State and Territorial Public Health Nutri-
tion Directors, the American Academy of Pediatrics, the National 
Academy of Science—National Eesearch Council, the American Die-
tetic Association, the American Public Health Association, the Public 
Health Service, and others as the Secretary deems appropriate. The 
committee shall study the methods available to evaluate successfully 
and economically, in part or in total, the health benefits of the special 
supplemental food program. The committee's study shall consider the 
usefulness of the medical data collected and the methodology used by 
the Department of Agriculture and the Comptroller General of the 
United States prior to March 30, 1975. The study shall also include 
the applicability to an evaluation of the special supplemental food 
program of other Federal and State health, welfare, and nutrition 
assessment and surveillance projects currently being conducted. The 
purpose of the advisory committee shall be to determine and recom-
mend in detail how, using accepted scientific methods, the health bene-
fits of the special supplemental food program may best be evaluated 
and assessed. The advisory committee shall report its study to the 
Secretary no later than March 1, 1976. The Secretary shall submit 
to Congress his recommendations based on such study no later than 
June 1, 1976. 
"(g) As used in this section— 
"(1) 'Pregnant and lactating women' when used in connection with 
the term 'at nutritional risk' includes women from low-income popula-
tions who demonstrate one or more of the following characteristics: 
known inadequate nutritional patterns, unacceptably high incidence of 
anemia, high prematurity rates, or inadequate patterns of growth 
(underweight, obesity, or stunting). Such term (when used in con-
nection with the term 'at nutritional risk') also includes low-income 
individuals who have a history of high-risk pregnancy as evidenced by 
abortion, premature birth, or severe anemia. Such lactating women 
shall include women who are breast feeding an infant from birth up 
to one year of age and also all women for a period of six months post 
partum. 
" (2) 'Infants' when used in connection with the term 'at nutritional 
risk' means children under 5 years of age who are in low-income popu-
lations which have shown a deficient pattern of growth, by minimally 
acceptable standards, as reflected by an excess number of children in 
the lower percentiles of height and weight. Such term, when used in 
connection with 'at nutritional risk', may also include children under 
5 years of age who (A) are in the parameter of nutritional anemia, or 
(B) are from low-income populations where nutritional studies have 
shown inadequate infant diets. 
"(3) 'Supplemental foods' shall mean those foods containing nutri-
ents known to be lacking in the diets of populations at nutritional risk 
and, in particular, those foods and food products containing high-
quality protein, iron, calcium, vitamin A, and vitamin C. Such term 
may also include (at the discretion of the Secretary) any commercially 
formulated preparation specifically designed for women or infants. 
The contents of the food package shall be made available in such a 
manner as to provide flexibility, taking into account medical and 
nutritional objectives and cultural eating patterns. 
"(4) 'Competent professional authority' includes physicians, nutri-
tionists, registered nurses, dietitians, or State or local medically 
PUBLIC LAW 94-105—OCT. 7, 1975 
89 STAT. 521 
trained health officials, or persons designated by physicians or State or 
local medically trained health officials as being competent profession-
ally to evaluate nutritional risk. 
"(5) 'Administrative costs' include costs for referral, operation, 
monitoring, nutrition education, general administration, startup, 
clinic, and administration of the State office. 
"(h) (1) There is hereby established a council to be known as the 
National Advisory Council on Maternal, Infant, and Fetal Nutrition 
(hereinafter in this section referred to as the 'Council') which shall 
be composed of 15 members appointed by the Secretary. One member 
shall be a State director of the special supplemental food program, 
1 member shall be a State fiscal director for the special supplemental 
food program (or the equivalent thereof), 1 member shall be a State 
health ojfficer (or equivalent thereof), 1 member shall be a project 
director of a special supplemental food program in an urban area, 1 
member shall be a project director of a special supplemental food 
program in a rural area, 1 member shall be a State public health 
nutrition director (or equivalent thereof), 2 members shall be parent 
recipients of the special supplemental food program, 1 member shall 
be a pediatrician, 1 member shall be an obstetrician, 1 member shall be 
a person involved at the retail sales level of food in the special supple-
mental food program, 2 members shall be officers or employees of the 
Department of Health, Education, and Welfare, specially qualified 
to serve on the Council because of their education, training, experi-
ence, and knowledge in matters relating to maternal, infant, and fetal 
nutrition, and 2 members shall be officers or employees of the Depart-
ment of Agriculture, specially qualified because of their education, 
training, experience, and knowledge in matters relating to maternal, 
infant, and fetal nutrition. 
"(2) The 11 members of the Council appointed from outside the 
Department of Agriculture and the Department of Health, Education, 
and Welfare shall be appointed for terms of 3 years, except that the 
9 members first appointed to the Council shall be appointed as follows: 
Three members shall be appointed for terms of 3 years, 3 members shall 
be appointed for terms of 2 years, and 3 members shall be appointed 
for terms of 1 year. Thereafter all appointments shall be for a term of 
3 years, except that a person appointed to fill an unexpired term shall 
serve only for the remainder of such term. Members appointed from 
the Department of Agriculture and the Department of Health, Edu-
cation, and Welfare, shall serve at the pleasure of the Secretary. 
"(3) The Secretary shall designate one of the members to serve as 
Chairman and one to serve as Vice Chairman of the Council. 
"(4) The Council shall meet at the call of the Chairman but shall 
meet at least once a year. 
" (5) Eight members shall constitute a quorum and a vacancy on the 
Council shall not affect its powers. 
"(6) It shall be the function of the Council to make a continuing 
study of the operation of the special supplemental food program and 
any related Act under which diet supplementation is provided to 
women, infants, and children, with a view to determining how such 
programs may be improved. The Council shall submit to the President 
and the Congress annually a written report of the results of its study 
together with such recommendations for administrative and legisla-
tive changes as it deems appropriate. 
"(7) The Secretary shall provide the Council with such technical 
and other assistance, including secretarial and clerical assistance, as 
may be required to carry out its functions under this Act. 
National 
Advisory Council 
on Maternal, 
Infant, and F'etal 
Nutrition. 
Establishment. 
Membership. 
Terms. 
Chairman. 
Meetings. 
Quorum. 
Function. 
Report to the 
President and 
Congress. 
Technical 
assistance. 
89 STAT. 522 
PUBLIC LAW 94-105—OCT. 7, 1975 
Travel expenses. 
"(8) Members of the Council shall serve without compensation but 
shall receive reimbursement for necessary travel and subsistence 
expenses incurred by them in the performance of the duties of the 
Council.". 
AMENDMENTS PERTAINING TO THE COMMONWEALTH OF PUERTO RICO, THE 
VIRGIN ISLANDS, AMERICAN SAMOA, AND THE TRUST TERRITORY OF THE 
PACIFIC ISLANDS 
42 use 1772. 
SEC. 15. Section 3 of the Child Nutrition Act of 1966 is amended— 
(1) By inserting immediately after "Guam," in the second sentence 
thereof the following: "the Commonwealth of Puerto Rico, the Virgin 
Islands, American Samoa, the Trust Territory of the Pacific Islands,". 
(2) By adding at the end thereof the following new sentence: "Not-
withstanding any other provision of this section, in no event shall the 
minimum rate of reimbursement exceed the cost to the school or 
institution of milk served to children.". 
42 use 1773. 
(b) Section 4(b) (1) of the Child Nutrition Act of 1966 is amended 
by striking out "and American Samoa," in both places where such 
term occurs and inserting in lieu thereof "American Samoa, and the 
Trust Territory of the Pacific Islands,". 
42 use 1784. 
(c) Section 15(a) of the Child Nutrition Act of 1966 is amended 
by striking out "or American Samoa" and inserting in lieu thereof 
"American Samoa, or the Trust Territory of the Pacific Islands". 
CHILD CARE FOOD PROGRAM 
SEC. 16. The National School Lunch Act is amended by adding at 
the end thereof the following new section: 
" C H I L D 
C A R E F O O D PROGRAM 
"SEC. 17. (a)(1) There is hereby authorized to be appropriated 
such sums as are necessarv for the fiscal year ending June 30, 1976, 
the period July 1, 1976, through September 30, 1976, the fiscal year 
ending September 30, 1977, and the fiscal year ending September 30, 
1978, to enable the Secretary to formulate and carry out a program to 
assist States through grants-in-aid and other means to initiate, main-
tain, or expand nonprofit food service programs for children in 
institutions providing child care. 
"Institution." 
"(2) For purposes of this section, the term 'institution' means any 
public or private nonprofit organization where children are not main-
tained in permanent residence including, but not limited to, day care 
centers, settlement houses, recreation centers, family day care pro-
grams, Head Start centers, Homestart programs, and institutions pro-
viding day care services for handicapped children. No institution shall 
be eligible to participate in this program unless it has either local, 
State, or Federal licensing or approval as a child care institution, or 
can satisfy the Secretary that its standards are no less comprehensive 
than the Federal interagency day care requirements as approved by 
the Department of Health, Education, and Welfare, the Office of 
Economic Opportunity, and the Department of Labor on Septem-
ber 23, 1968. An institution may be approved for funding under this 
section only if, under conditions established by the Secretary, such 
institution is moving toward compliance with the requirements for 
tax exempt status under section 501(c)(3) of the Internal Revenue 
26 use 501. 
Code of 1954, or is currently operating a federally funded program 
Appropriation 
authorization. 
42 use 1766. 
PUBLIC LAW 94-105—OCT. 7, 1975 
89 STAT. 523 
Payments, 
computation. 
42 use 1773. 
42 use 1753. 
42 use 1759a. 
requiring nonprofit status. For purposes of this section, the term "State.' 
* State' means any of the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, and the Trust Territory of the Pacific Islands. Any eligible 
institution shall receive the child care food program upon its request. 
"(b) For each fiscal year beginning with the fiscal year ending 
June 30, 1976, the Secretary shall make child care food payments no 
less frequently than on a monthly basis to each State educational 
agency in an amount no less than the sum of the products obtained by 
multiplying (A) the number of breakfasts served in child care food 
programs within that State by the national average payment rate for 
breakfasts under section 4 of the Child Nutrition Act of 1966, (B) the 
number of breakfasts served in child care food programs within that 
State to children from families whose incomes meet the eligibility 
criteria for free school meals by the national average payment rate for 
free breakfasts under section 4 of the Child Nutrition Act of 1966, 
(C) the number of breakfasts served in child care food programs with-
in that State to children from families whose incomes meet the eligi-
bility criteria for reduced price school meals by the national average 
payment rate for reduced price school breakfasts under section 4 of 
the Child Nutrition Act of 1966, (D) the number of lunches and sup-
pers served in child care food programs within that State by the 
national average payment rate for lunches under section 4 of the 
National School Lunch Act, (E) the number of lunches and suppers 
served in child care food programs within that State to children from 
families whose incomes meet the eligibility criteria for free school 
meals by the national average payment rate for free school lunches 
under section 11 of the National School Lunch Act, (F) the number of 
lunches and suppers served in child care food programs in that State 
to children whose families meet the eligibility criteria for reduced 
price school meals by the national average payment factor for reduced 
price lunches under section 11 of the National School Lunch Act, (G) 
the number of snacks served in child care food programs in that State 
by 5 cents, (H) the number of snacks served in child care food pro-
grams in that State to children from families whose incomes meet the 
eligibility criteria for free school meals by 15 cents, and (I) the num-
ber of snacks served in child care food programs in that State to chil-
dren from families whose incomes meet the eligibility criteria for 
reduced price school meals by 10 cents. The rates established pursuant Rate adjustment, 
to clauses (G), (H), and (I) shall be adjusted semiannually to the 
nearest one-fourth cent by the Secretary to reflect the changes in the 
series for food away from home of the Consumer Price Index pub-
lished by the Bureau of Labor Statistics of the Department of Labor. 
The initial such adjustment shall become effective January 1, 1976, 
and shall reflect changes in the series for food away from home during 
the period June through November 1975. Reimbursement for meals 
provided under this section shall not be dependent upon the collec-
tion of moneys from participating children. 
"(c) Meals served by institutions participating in the program 
under this section shall consist of a combination of foods and shall 
meet minimum nutritional requirements prescribed by the Secretary on 
the basis of tested nutritional research. Such meals shall be served free 
to needy children. No physical segregation or other discrimination 
against any child shall be made because of his inability to pay, nor 
shall there be any overt identification of any such child by special 
tokens or tickets, announced or published lists of names, or other 
Overt 
identification, 
prohibition. 
89 STAT. 524 
PUBLIC LAW 94-105—OCT. 7, 1975 
Commodities, 
donation. 
42 use 1755. 
Appropriation 
authorization. 
Recordkeeping. 
Apportionment of 
funds. 
means. No institution shall be prohibited from serving a breakfast, 
lunch, dinner, and snack to each eligible child each day. 
"(d) Funds paid to any State under this section shall be disbursed 
by the State educational agency to institutions approved for partici-
pation on a nondiscriminatory basis to reimburse such institutions for 
their costs in connection with food service operations, including labor 
and administrative expenses. All valid claims from such institutions 
shall be paid within 30 days. 
"(e) Irrespective of the amount of funds appropriated under this 
section, foods available under section 416 of the Agricultural Act of 
1949 (7 U.S.C. 1431) or purchased under section 32 of the Act of 
August 24,1935 (7 U.S.C. 612c), or section 709 of the Food and Agri-
culture Act of 1965 (7 U.S.C. 1446a-l), shall be donated by the Secre-
tary of Agriculture to institutions participating in the child care food 
program m accordance with the needs as determined by authorities 
of these institutions for utilization in their feeding programs. The 
amount of such commodities (or, upon the application of a State edu-
cational agency, cash in lieu of commodities in such amounts as may 
be provided in appropriations Acts) donated to each State for each 
fiscal year shall be, at a minimum, the amount obtained by multiplying 
the number of lunches and suppers served in participating institutions 
during that fiscal year by the rate for commodities and cash in lieu 
thereof established for that fiscal year in accordance with the provi-
sions of section 6(e) of the National School Lunch Act. 
"(f) If in any State the State educational agency is not permitted 
by law or is otherwise unable to disburse the funds paid to it under 
this section to any institution in the State, the Secretary shall disburse 
the funds so withheld directly to institutions in the State for the same 
purpose and subject to the same conditions as are required of a State 
educational agency disbursing funds made available under this section. 
"(g) Expenditures of funds from State and local sources for the 
maintenance of food programs for children shall not be diminished as 
a result of funds received under this section. 
"(h) There is hereby authorized to be appropriated for any fiscal 
year such sums as may be necessary for the Secretary's administrative 
expenses under this section. 
"(i) States, State educational agencies, and institutions participat-
ing in programs under this section shall keep such accounts and records 
as may be necessary to enable the Secretary to determine whether 
there has been compliance with this section and the regulations here-
under. Such accounts and records shall at all times be available for 
inspection and audit by representatives of the Secretary and shall be 
preserved for such period of time, not in excess of 5 years, as the 
Secretary determines is necessary. 
"(j) (1) Of the sums appropriated for any fiscal year pursuant to 
the authorization contained in this section, $3,000,000 shall be avail-
able to the Secretary for the purposes of providing, during each such 
fiscal year, nonfood assistance for the child care food program. The 
Secretary shall apportion among the States during each fiscal year the 
aforesaid sum of $3,000,000: Provided^ That such an apportionment 
shall be made according to the ratio among the States of the number of 
children below age 6 who are members of households which have an 
annual income not above 125 per centum of the applicable family-size 
income level set forth in the income poverty guideline prescribed by 
the Secretary under section 9(b) of this Act. 
PUBLIC LAW 94-105—OCT. 7, 1975 
89 STAT. 525 
"(2) If any State cannot utilize all of the funds apportioned to it 
under the provisions of this section, the Secretary shall make further 
apportionments to the remaining States. Payments to any State of 
funds apportioned under the provisions of this subsection for any 
fiscal year shall be made upon condition that at least one-fourth of the 
cost of equipment financed under this section shall be borne by funds 
from sources within the State, except that such condition shall not 
apply with respect to funds used under this section to assist institu-
tions determined by the State to be especially needy. 
"(k) The regulations issued by the Secretary to carry out this sec-
tion shall be issued and become effective not later than 90 days after 
the date of enactment of the National School Lunch Act and Child 
Nutrition Act of 1966 Amendments of 1975. During the period prior 
to the effective date of the regulations, the Secretary is authorized to 
conduct a food service program in the same manner and under the 
same conditions and limitations as the special food service program for 
children was conducted under section 13 of the National School Lunch 
Act during the fiscal year ending June 30, 1975. Notwithstanding the 
foregoing, the child care food payment rates provided in subsection 
(b) of this section and the provisions of subsection (e) of this section 
shall become effective on the date of enactment of the National School 
Lunch Act and Child Nutrition Act of 1966 Amendments of 1975.". 
Regulations, 
effective date. 
42 use 1761. 
Effective date. 
CONFORMING AMENDMENTS 
SEC. 17. (a) Section 4(f) of the Child Nutrition Act of 1966 is 
amended by striking out "nonprofit private schools" in the second 
sentence and inserting in lieu thereof "schools (as defined in section 
15(c) of this Act which are private and nonprofit as defined in the 
last sentence of section 15 (c) of this Act)". 
(b) Section 15 of the Child Nutrition Act of 1966 is amended by 
striking out paragraph (c), by redesignating paragraphs (d) and 
(e) as (c) and (d), respectively, and by amending paragraph (c) 
(as redesignated by this subsection) to read as follows: 
"(c) 'School' means (A) any public or nonprofit private school of 
high school grade or under, including kindergarten and preschool 
programs operated by such school, (B) any public or licensed non-
profit private residential child care institution (including, but not 
limited to, orphanages and homes for the mentally retarded), and 
(C) with respect to the Commonwealth of Puerto Rico, nonprofit 
child care centers certified as such by the Governor of Puerto Rico. 
For purposes of clauses (A) and (B) of this subsection, the term 
'nonprofit', when applied to any such private school or institution, 
means any such school or institution which is exempt from tax under 
section 501 (c) (3) of the Internal Revenue Code of 1954.". 
42 use 1773. 
42 use 1784. 
'School." 
"Nonprofit." 
26 use 501. 
NONFOOD ASSISTANCE PROGRAM 
SEC. 18. Section 5 of the Child Nutrition Act of 1966 is amended— 42 USe 1774. 
(a) By changing the period at the end of subsection (b) to a 
comma and adding the following: "except that such conditions shall 
not apply with respect to funds used under this section to assist schools 
if such schools are especially needy, as determined by the State.". 
(b) Effective beginning with the fiscal year ending June 30, 1976, Effective date, 
by changing subsection (e) to read as follows: 
"(e) For the fiscal year ending June 30, 1976, the period July 1, 
1976, through September 30, 1976, and the fiscal year ending Septem-
89 STAT. 526 
PUBLIC LAW 94-105—OCT. 7, 1975 
Apportionment of 
funds. 
ber 30, 1977, 33i^ per centum of the funds appropriated for the pur-
poses of this section shall be reserved to the Secretary to assist schools 
without a food service program and schools without the facilities to 
prepare or receive hot meals. For the fiscal year ending June 30,1976, 
the Secretary shall apportion the funds so reserved among the States 
on the basis of the ratio of the number of children in each State 
enrolled in schools without a food service program to the number of 
children in all States enrolled in schools without a food service pro-
gram. After the fiscal year ending June 30, 1976, the Secretary shall 
apportion the funds so reserved among the States on the basis of the 
ratio of the number of children in each State enrolled in schools with-
out a food service program and in schools without the facilities to pre-
pare or receive hot meals to the number of children in all States 
enrolled in schools without a food service program and in schools 
without the facilities to prepare or receive hot meals. In those States 
in which the Secretary administers the nonfood assistance program in 
nonprofit private schools, the Secretary shall, for the fiscal year ending 
June 30,1976, withhold from the funds apportioned to any such State 
under this subsection an amount which bears the same ratio to such 
funds as the number of children enrolled in nonprofit private schools 
without a food service program in such State bears to the total number 
of children enrolled in all schools without a food service program in 
such State. In those States in which the Secretary administers the 
nonfood assistance program in nonprofit private schools, the Secretary 
shall, after the fiscal year ending June 30, 1976, withhold from the 
funds apportioned to any such State under this subsection an amount 
which bears the same ratio to such funds as the number of children 
enrolled in nonprofit private schools without a food service program 
or without the facilities to prepare or receive hot meals in such State 
bears to the total number of children enrolled in all schools without a 
food service program or without the facilities to prepare or receive hot 
meals in such State. The funds so reserved, apportioned, and withheld 
shall be used by State educational agencies, or the Secretary in the 
case of nonprofit private schools, only to assist schools without a food 
service program and schools without the facilities to prepare or receive 
hot meals. If any State cannot so utilize all the funds apportioned to it 
under the provisions of this subsection, the Secretary shall make fur-
ther apportionments to the remaining States for use only in assisting 
schools without a food service program and schools without the facili-
ties to prepare or receive hot meals: Provided, That if after such 
further apportionments any funds reserved under this subsection 
remain unused, the Secretary shall immediately apportion such funds 
among the States in accordance with the provisions of subsection (b) 
of this section to assist schools with a food service program and with 
the facilities to prepare or receive hot meals. Payment to any State of 
the funds provided to it under the provisions of this subsection shall 
be made upon the condition that at least one-fourth of the cost of the 
equipment financed shall be borne by funds from sources within the 
State, except that such condition shall not apply with respect to funds 
used under this subsection to assist schools which are especially needy, 
as determined by the State." 
NUTRITION STUDY 
SEC. 19. The National School Lunch Act is amended by adding at 
the end thereof the following new section: 
PUBLIC LAW 94-105—OCT. 7, 1975 
89 STAT. 527 
42 u s e 1771 
note. 
"NUTRITION PROGRAM STAFF STUDY 
"SEC. 18. The Secretary is authorized to carry out a study to deter- 42 USC 1767 
mine how States are utilizing Federal funds provided to them for the 
administration of the child nutrition programs authorized by this Act 
and the Child Nutrition Act of 1966, and to determine the level of 
funds needed by the States for administrative purposes. The study 
shall report on the current size and structure of State staffs, job 
descriptions and classifications, training provided to such staff, repre-
sentation of minorities on staffs, and the allocation of staff time, train-
ing time, and Federal administrative dollars spent among each of the 
various child nutrition programs. The study shall assess State needs 
for additional staff positions, training, and funds, for each of the 
above areas, including additional State needs to implement adequately 
the provisions of this Act and the Child Nutrition Act of 1966. The 
study shall also determine State staffing needs and training program 
support required to conduct effective outreach for the purpose of reach-
ing the maximum number of eligible children in the summer food 
service program and the child care food program. As part of this study, 
the Secretary shall also examine the degree and cause of plate waste 
in the school lunch program. The Secretary shall examine possible 
relationships between plate waste and (1) lack of adequate menu devel-
opment, (2) the service of competitive foods, and (3) the nature of the 
type A lunch pattern. The Secretary shall review the study design 
with the appropriate congressional committees prior to its implementa-
tion, and shall report his findings together with any recommendations 
he may have with respect to additional legislation, to the Congress no 
later than March 1, 1976.". 
Report to 
Congress. 
Legislative 
recommendations. 
SPECIAL APPROPRIATION 
SEC. 20. The National School Lunch Act is amended by adding at 
the end thereof the following new section: 
u 
APPROPRIATIONS FOR THE TRUST TERRITORY OF THE PACIFIC ISLANDS 
"SEC. 19. There is hereby authorized to be appropriated (a) for 
each of the fiscal years beginning July 1, 1975, and October 1, 1976, 
the sum of $500,000 and (b) for the period July 1, 1976, through 
September 30, 1976, the sum of $125,000, to enable the Secretary to 
assist the Trust Territory of the Pacific Islands to carry out various 
developmental and experimental projects relating to programs author-
ized under this Act and the Child Nutrition Act of 1966 to (1) estab-
lish or improve the organizational, administrative, and operational 
structures and systems at the State and local school levels; (2) develop 
and conduct necessary training programs for school food service per-
sonnel; (3) conduct a thorough study of the children's food and 
dietary habits upon which special meal and nutritional requirements 
can be developed; and (4) establish and maintain viable school food 
services which are fully responsive to the needs of the children, and 
which are consistent with the range of child nutrition programs avail-
able to the other States, to the maximum extent possible.". 
Appropriation 
authorization. 
42 USC 1768. 
STUDY OF COST ACCOUNTING REQUIREMENTS 
SEC. 21. (a) The Secretary shall not delay or withhold, or cause 
any State to delay or withhold, payments for reimbursement of per-
meal costs with respect to school food service programs authorized 
42 USC 176() 
note. 
89 STAT. 528 
PUBLIC LAW 94-105—OCT. 7, 1975 
42 use 1751 
pursuant to the National School Lunch Act and Child Nutrition Act 
4.9*1'isr 1771 
^^ 19QQ on the basis of noncompliance with full cost accounting pro-
cedures unless and until the requirements of subsection (b) of this 
section are met. 
Study. 
(b) The Secretary shall study the additional personnel and training 
Report to 
needs of States, local school districts, and schools resulting from the 
Congress. 
imposition of a requirement to implement full cost accounting pro-
cedures under the National School Lunch Act and Child Nutrition 
Act of 1966, and, on the basis of the results of such study, shall within 
one year after the date of enactment of this Act, submit a report and 
make such legislative recommendations as he deems necessary to the 
appropriate committees of the Congress. 
TECHNICAL AMENDMENT 
Repeal. 
SEC. 22. The National School Lunch Act is amended by striking 
out the following: 
42 use 1764. 
"SEC. 15. (a) In addition to funds appropriated or otherwise avail-
able, the Secretary is authorized to use, during the fiscal year ending 
June 30, 1971, not to exceed $35,000,000 in funds from Section 32 of 
the Act of August 24,1935 (7 U.S.C. 612c), to carry out the provisions 
of this Act, and during the fiscal year ending June 30, 1972, not to 
exceed $100,000,000 in funds from such Section 32 to carry out the 
provisions of this Act relating to the service of free and reduced-price 
meals to needy children in schools and service institutions. 
"(b) Any funds unexpended under this section at the end of the 
fiscal year ending June 30, 1971, or at the end of the fiscal year ending 
June 30, 1972, shall remain available to the Secretary in accordance 
with the last sentence of section 3 of this Act, as amended.". 
CASH GRANTS FOR NUTRITION EDUCATION 
SEC. 23. The Child Nutrition Act of 1966 is amended by adding at 
the end thereof the following new section: 
42 use 1787. 
"SEC. 18. (a) The Secretary is hereby authorized and directed to 
make cash grants to State educational agencies for the purpose of 
conducting experimental or demonstration projects to teach school-
children the nutritional value of foods and the relationship of nutri-
tion to human health. 
Appropriation 
"(b) In order to carry out the program, provided for in subsection 
authorization. 
(a) of this section, there is hereby authorized to be appropriated not 
to exceed $1,000,000 annually. The Secretary shall withhold not less 
than 1 per centum of any funds appropriated under this section and 
shall expend these funds to carry out research and development proj-
ects relevant to the purpose of this section, particularly to develop 
PUBLIC LAW 94-105—OCT. 7, 1975 
89 STAT. 529 
materials and techniques for the innovative presentation of nutritional 
information.". 
TECHNICAL 
AMENDMENT 
SEC. 24. Section 3 of the National School Lunch Act is amended by 42 USC 1752. 
striking out "section 13" and inserting in lieu thereof "sections 13, 17 
and 19". 
CARL ALBERT 
Speaker of the House of Representatwes. 
DALE BUMPERS 
Acting President of the Senate pro tempore. 
IN THE HOUSE OF REPRESENTATIVES, U.S., 
October 7, 1975. 
The House of Representatives having proceeded to reconsider the bill 
(H.R. 4222) entitled "An Act to amend the National School Lunch Act 
and the Child Nutrition Act of 1966 in order to extend and revise the 
special food service program for children and the school breakfast 
program, and for other purposes related to strengthening the school 
lunch and child nutrition programs", returned by the President of the 
United States with his objections, to the House of Representatives, in 
which it originated, it was 
Resolved, That the said bill pass, two-thirds of the House of Represen-
tatives agreeing to pass the same. 
Attest: 
W. PAT JENNINGS 
Clerk. 
By Benjamin J. Guthrie 
Assistant to the Clerk. 
I certify that this Act originated in the House of representatives. 
W. PAT JENNINGS 
Clerk. 
By Benjamin J. Guthrie 
Assistant to the Clerk. 
89 STAT. 530 
PUBLIC LAW 94-105—OCT. 7, 1975 
IN THE SENATE OF THE UNITED STATES, 
October 7 (legislative day, September 11), 1975. 
The Senate having proceeded to reconsider the bill (H.R. 4222) 
entitled "An Act to amend the National School Lunch Act and the Child 
Nutrition Act of 1966 in order to extend and revise the special food 
service program for children and the school breakfast program, and for 
other purposes related to strengthening the school lunch and child 
nutrition programs", returned by the President of the United States with 
his objections to the House of Representatives, in which it originated, it 
was 
Resolved, That the said bill pass, two-thirds of the Senators present 
having voted in the affirmative. 
Attest: 
FRANCIS R. VALEO 
Secretary. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-68 (Comm. on Education and Labor) and 
Nos. 94-427 and 94-474 (Comm. of Conference). 
SENATE REPORTS: No. 94-259 (Comm. on Agriculture and Forestry) and 
Nos. 94-347 and 94-379 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
Mar. 24, 25, Apr. 28, considered and passed House. 
July 10, considered and passed Senate, amended. 
Sept. 18, House agreed to conference report. 
Sept. 19, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 40: 
Oct. 3, vetoed; Presidential message. 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
Oct. 7, House and Senate overrode veto.