Child Nutrition and WIC Reauthorization Act of 1989
PL 101-147 (H.R.24), enacted 11/10/1989

PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 877 
Public Law 101-147 
101st Congress 
An Act 
To amend the Child Nutrition Act of 1966 and the National School Lunch Act to 
revise and extend certain authorities contained in such Acts, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Child Nutrition 
and WIC Reauthorization Act of 1989". 
(b) TABLE OF CONTENTS.—The table of contents is as follows: 
Nov. 10, 1989 
[H.R. 24] 
Child Nutrition 
and WIC 
Reauthorization 
Act of 1989. 
49 u s e 1751 
note. 
Sec. 1. Short title; table of contents. 
Sec. 2. Effective date. 
TITLE I—PROGRAMS UNDER THE NATIONAL SCHOOL LUNCH ACT AND 
THE CHILD NUTRITION ACT OF 1966 
PART A—PROGRAMS UNDER THE NATIONAL SCHOOL LUNCH ACT 
Sec. 101. Types of milk to be included in school lunches. 
Sec. 102. Extension of summer food service program for children; 
Sec. 103. Extension of commodity distribution program. 
Sec. 104. Repeal of National Advisory Council. 
Sec. 105. Child care food program. 
Sec. 106. Meal supplements for children in afterschool care. 
Sec. 107. Pilot projects. 
Sec. 108. Reduction of paperwork. 
Sec. 109. Training, technical assistance, and food service management institute. 
Sec. 110. Compliance and accountability. 
Sec. 111. Information on income eligibility. 
Sec. 112. Nutrition guidance for child nutrition programs. 
PART B—PROGRAMS UNDER THE CHILD NUTRITION ACT OF 1966 
Sec. 121. Expansion of school breakfast program. 
Sec. 122. State administrative expenses. 
Sec. 123. Additional activities and requirements with respect to special supplemen-
tal food program for women, infants, and children. 
Sec. 124. Nutrition education and training. 
PART C—CROSS-PROGRAM PROVISION 
Sec. 131. Determination of total commodity assistance for the school lunch and 
child care food programs. 
TITLE n—PAPERWORK REDUCTION AMENDMENTS 
PART A—REDUCTION OF PAPERWORK UNDER THE NATIONAL SCHOOL LUNCH ACT 
Sec. 201. Permanency of State-local agreements for carrying out the school lunch 
program. 
Sec. 202. Income documentation requirements. 
Sec. 203. Reports to State educational agencies. 
Sec. 204. 2-year applications under child care food program. 
Sec. 205. Pilot projects for alternative counting methods. 
PART B—REDUCTION OF PAPERWORK UNDER THE CHILD NuTRrrioN ACT OF 1966 
Sec. 211. State-local agreements for carrying out the special milk program. 
103 STAT. 878 
PUBLIC LAW 101-147—NOV. 10, 1989 
Sec. 212. Permanency of State-local agreements for carrying out the school break-
fast program. 
Sec. 213. Paperwork reduction requirements under the special supplemental food 
program for women, infants, and children. 
Sec. 214. Updating of plans for nutrition education and training. 
TITLE in—TECHNICAL AMENDMENTS 
PART A—AMENDMENTS TO THE NATIONAL SCHOOL LUNCH ACT 
Sec. 301. Apportionments to States. 
Sec. 302. Direct Federal expenditures. 
Sec. 303. Payments to States. 
Sec. 304. State disbursement to schools. 
Sec. 305. Nutritional and other program requirements. 
Sec. 306. Miscellaneous provisions £md definitions. 
Sec. 307. Simimer food service program for children. 
Sec. 308. Repecd of obsolete provision relating to temporary emergency assistance. 
Sec. 309. Election to receive cash payments. 
Sec. 310. Child care food program. 
Sec. 311. Pilot projects. 
Sec. 312. General amendments. 
PART B—AMENDMENTS TO THE CHILD NUTRITION ACT OF 1966 
Sec. 321. Special milk program authorization. 
Sec. 322. School breakfast program authorization. 
Sec. 323. Regulations. 
Sec. 324. Appropriations for administrative expense. 
Sec. 325. Miscellaneous provisions and definitions. 
Sec. 326. Special supplemental food program. 
Sec. 327. Nutrition education and training. 
42 u s e 1751 
SEC. 2. EFFECTIVE DATE. 
Except as otherwise provided in this Act, the amendments made 
by this Act shall take effect on the date of the enactment of this Act. 
TITLE I—PROGRAMS UNDER THE NA-
TIONAL SCHOOL LUNCH ACT AND THE 
CHILD NUTRITION ACT OF 1966 
PART A—PROGRAMS UNDER THE NATIONAL 
SCHOOL LUNCH ACT 
SECv 101. TYPES OF MILK TO BE INCLUDED IN SCHOOL LUNCHES. 
(a) ELIMINATION OF DUPLICATE PROVISIONS.—Section 9(a) of the 
National School Lunch Act (42 U.S.C. 1758(a)), as similarly amended 
first by section 322 of the School Lunch and (jhild Nutrition Amend-
ments of 1986, as contained in Public Law 99-500 (100 Stat. 1783-
361), later by section 322 of the School Lunch and Child Nutrition 
Amendments of 1986, as contained in Public Law 99-591 (100 Stat. 
3341-364), and later by section 4202 of the Child Nutrition Amend-
ments of 1986, as contained in the National Defense Authorization 
Act for Fiscal Year 1987 (Public Law 99-661), is amended to read as 
if only the latest amendment was enacted. 
(b) GENERAL AUTHORITY.—Paragraph (2) of section 9(a) of the 
National School Lunch Act (as amended by subsection (a) of this 
section) (42 U.S.C. 1758(a)) is amended to read as follows: 
"(2) Lunches served by schools participating in the school lunch 
program under this Act shall offer students fluid whole milk and 
fluid imflavored lowfat milk.". 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 879 
SEC. 102. EXTENSION OF SUMMER FOOD SERVICE PROGRAM FOR 
CHILDREN. 
(a) IN GENERAL.—Section 13 of the National School Lunch Act (42 
U.S.C. 1761) is amended— 
(1) in subsection (a)— 
(A) by amending subparagraph (C) of paragraph (3) to 
read as follows: 
"(CXi) conduct a regularly scheduled food service for children 
from areas in which poor economic conditions exist; 
"(ii) conduct a regularly scheduled food service primarily for 
homeless children; or 
"(iii) qualify as camps; and"; 
(B) in paragraph (4)— 
(i) by striking "and" at the end of subparagraph (D); 
(ii) by striking the period at the end of subparagraph 
(E) and inserting "; and"; and 
(iii) by inserting after subparagraph (E) the following 
new subparagraph: 
"(F) private nonprofit organizations eligible under paragraph 
(7)."; 
(C) in paragraph (7)— 
(i) by amending subparagraph (A) to read as follows: 
"(A) Except as provided in subparagraph (C), private nonprofit 
organizations, as defined in subparagraph (B) (other than organiza-
tions eligible under paragraph (1)), shall be eligible for the program 
under the same terms and conditions £is other service institutions."; 
(ii) in subparagraph (B)— 
(I) by amending clause (i) to read as follows: 
"(iXD serve a total of not more than 2,500 children per day at 
not more than 5 sites in any urban area, with not more than 300 
children being served at any 1 site (or, with a waiver granted by 
the State under standards developed by the Secretary, not more 
than 500 children being served at any 1 site); or 
"(II) serve a total of not more th£in 2,500 children per day at 
not more than 20 sites in any rural area, with not more than 
300 children being served at any 1 site (or, with a waiver 
granted by the State under standards developed by the Sec-
retary, not more than 500 children being served at any 1 site);"; 
(II) in clause (ii), by inserting "or a school partici-
pating in the school lunch program under this Act" 
after "university)"; and 
(III) in clause (v), by inserting "or families" after 
"children"; and 
(iii) by adding at the end the following new sub-
paragraph: 
"(CXi) Except as provided in clause (ii), no private nonprofit 
organization (other than organizations eligible under paragraph (1)) 
may participate in the program in an area where a school food 
authority or a local, municipal, or county government participated 
in the program before such organization applied to participate until 
the expiration of the 1-year period beginning on the date that such 
school food authority or local, municipal, or county government 
terminated its participation in the program. 
"(ii) Clause (i) shall not apply if the appropriate State agency or 
regional office of the Department of Agriculture (whichever adminis-
ters the program in the area concerned), after consultation with 
Disadvantaged 
persons. 
Homeless 
persons. 
Urban areas. 
Rural are£is. 
103 STAT. 880 
PUBLIC LAW 101-147—NOV. 10, 1989 
the school food authority or local, municipal, or county government 
concerned, determines that such school food authority or local, 
municipal, or county government would have discontinued its 
participation in the program regardless of whether a private non-
profit organization was available to participate in the program in 
such area."; 
(2) in subsection (c)— 
(A) by mserting "(1)" after "(c)"; and 
(B) by adding at the end the following new paragraph: 
Disadvantaged 
"(2XA) Notwithstanding any other provision of this Act, any 
persons. 
higher education institution that receives reimbursements under 
the program for meals and meal supplements served to low-income 
children under the National Youth Sports Program is eligible to 
receive reimbursements for not more than 2 meals or 1 meal and 1 
meal supplement per day for not more than 30 days for each child 
participating in a National Youth Sports Program operated by such 
institution during the months other than May through September. 
State and local 
The program under this paragraph shall be administered within the 
governments. 
State by the same State agency that administers the program 
during the months of May through September. 
"(B) Children participating in National Youth Sports Programs 
operated by higher education institutions, and such higher edu-
cation institutions, shall be eligible to participate in the program 
under this paragraph without application. 
"(C) Higher education institutions shall be reimbursed for meals 
and meal supplements served under this paragraph— 
"(i) in the case of lunches and suppers, at the same rates as 
the payment rates established for free lunches under section 11; 
and 
"(ii) in the case of breakfasts or meal supplements, at the 
same rates as the severe need payment rates established for free 
breakfasts under section 4 of the Child Nutrition Act of 1966. 
"(DXi) Meals for which a higher education institution is re-
imbursed under this paragraph shall fulfill the minimum nutri-
tional requirements and meal patterns prescribed by the Sec-
retary— 
"(I) for meals served under the school lunch program under 
this Act, in the case of reimbursement for lunches or suppers; 
and 
"(II) for meals served under the school breakfast program 
under section 4 of the Child Nutrition Act of 1966, in the case of 
reimbursement for breakfasts, 
"(ii) The Secretary may modify the minimum nutritional require-
ments and meal patterns prescribed by the Secretary for meals 
served under the school breakfast program under section 4 of the 
Child Nutrition Act of 1966 for application to meal supplements for 
which a higher education institution is reimbursed under this 
paragraph. 
Regulations. 
"(E) The Secretary shall issue regulations governing the im-
plementation, operation, and monitoring of programs receiving 
assistance under this paragraph that, to the maximum extent prac-
ticable, are comparable to those established for higher education 
institutions participating in the National Youth Sports Program 
and receiving reimbursements under the program for the months of 
May through September."; 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 881 
(3) in the first sentence of subsection (IXD, by inserting 
"(other than private nonprofit organizations eligible under 
subsection (aX7))" after "Service institutions"; 
(4) by redesignating subsection (p) as subsection (r); 
(5) by inserting after subsection (o) the following new sub-
sections: 
"(p) During the fiscal years 1990 and 1991, the Secretary and the 
States shall carry out a program to disseminate to potentially 
eligible private nonprofit organizations information concerning the 
amendments made by the Child Nutrition and WIC Reauthorization 
Act of 1989 regarding the eligibility under subsection (aX7) of private 
nonprofit organizations for the program established under this 
section. 
"(qXD In addition to the normal monitoring of organizations 
receiving assistance under this section, the Secretary shall establish 
a system under which the Secretary and the States shall monitor 
the compliance of private nonprofit organizations with the require-
ments of this section and with regulations issued to implement this 
section. 
"(2) Application forms or other printed materials provided by the 
Secretary or the States to persons who intend to apply to participate 
as private nonprofit organizations shall contain a warning in bold 
lettering explaining, at a minimum— 
"(A) the criminal provisions and penalties established by 
subsection (o); and 
"(B) the procedures for termination of participation in the 
program as established by regulations. 
"(3) The Secretary shall require each State to establish and imple-
ment an ongoing training and technical assistance program for 
private nonprofit organizations that provides information on pro-
gram requirements, procedures, and accountability. The Secretary 
shall provide assistance to State agencies regarding the development 
of such training and technical assistance programs. 
"(4) In the fiscal year 1990 and each succeeding fiscal year, the 
Secretary may reserve for purposes of carrying out paragraphs (1) 
and (3) of this subsection not more than Vi of 1 percent of amounts 
appropriated for purposes of canying out this section. 
(5) For the purposes of this subsection, the term 'private non-
profit organization has the meaning given such term in subsection 
(aX7XB).'^ and 
(6) in subsection (r) (as redesignated by paragraph (4) of this 
subsection), by striking "For" and all that follows through 
"1989," and inserting "For the fiscal year beginning October 1, 
1977, and each succeeding fiscal year ending before October 1, 
1994,". 
(b) IMPLEMENTATION.— 
(1) IN GENERAL.—Not later than February 1, 1990, the Sec-
retary of Agriculture shall issue regulations to implement the 
amendments made by paragraphs (1), (3), (4), and (5) of subsec-
tion (a). Notwithstanding the provisions of section 553 of title 5, 
United States (Dode, the Secretary of Agriculture may issue such 
regulations without providing notice or an opportunity for 
public comment. 
(2) NATIONAL YOUTH SPORTS PROGRAM.—(A) Subparsigraphs 
(A), (B), (C), and (DXi) of section 13(cX2) of the National School 
Lunch Act (as added by subsection (a)(2XB) of this section) shall 
be effective as of October 1,1989. 
State and local 
governments. 
State and local 
governments. 
Regulations. 
Effective dates. 
42 u s e 1761 
note. 
103 STAT. 882 
PUBLIC LAW 101-147—NOV. 10, 1989 
(B) Not later than February 1, 1990, the Secretary of Agri-
culture shall— 
(i) issue final r^ulations to implement subparagraph 
(DXii) of section 13(cX2) of the National School Lunch Act 
(as added by subsection (aX2XB) of this section); and 
(ii) issue final regulations under subparagraph (E) of such 
section. 
(3) EXTENSION OF AUTHORIZATION.—^The amendments made by 
subsection (aX6) shall be effective as of October 1,1989. 
SEC 103. EXTENSION OF COMMODITY DISTRIBUTION PROGRAM. 
(a) GENERAL AUTHORITY.—Subsection (a) of section 14 of the Na-
tional School Lunch Act (42 U.S.C. 1762a) is amended by striking 
"1989" and inserting "1994". 
(b) ELIMINATION OF DUPLICATE PROVISIONS.— 
(1) IN GENERAL.—Section 14fe) of the National School Lunch 
Act (42 U.S.C. 1762a(g)), as similarly added first by section 363 of 
the School Lunch and dlhild Nutrition Amendments of 1986, as 
contained in Public Law 99-500 (100 Stat. 1783-368), later by 
section 363 of the School Lunch and (}hild Nutrition Amend-
ments of 1986, as contained in Public Law 99-591 (100 Stat. 
3341-371), and later by section 4403 of the Child Nutrition 
Amendments of 1986, as contained in the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 99-661), and 
as then amended by section 2 of Public Law 100-356, is amended 
to read as if only the amendment made by section 4403 of the 
OaUd Nutrition Amendments of 1986, as contained in the Na-
tional Defense Authorization Act for Fiscal Year 1987, was 
enacted. 
(2) (DOMPUTATION OF CASH COMPENSATION TO DISTRICTS UNDER 
PUBLIC LAW 100-356.—(A) Paragraph (3) of section 14(g) of the 
National School Limch Act (as amended by paragraph (1) of this 
subsection) (42 U.S.C. 1762a^)) is amended— 
(i) by adding at the end of subparagraph (A) the following 
new sentences: "The Secretary, in computing losses sus-
tained by any school district under the preceding sentence, 
shall base such computation on the actual amount of assist-
ance received by such school district under this Act for the 
school year endmg June 30,1982, including— 
"(i) the value of assistance in the form of commodities pro-
vided in addition to those provided pursuant to section 6(e) of 
this Act; and 
"(ii) the value of assistance provided in the form of either cash 
or commodity letters of credit. 
The Secretary may provide cash compensation under this subpara-
graph only to eligible school districts that submit applications for 
such compensation not later than May 1,1988."; and 
(ii) in subparagraph (B), by striking "$50,000" and insert-
ing "such sums as may be necessary". 
Effective date. 
(B) The amendments made by subparagraph (A) shall take 
42 use 1762a 
effect as if such amendments had been effective on June 28, 
^°^- 
1988. 
(c) (DOMPUTATION OF CASH COMPENSATION TO DISTRICTS.—Section 
14(gX3XA) of the National School Lunch Act (as amended by subsec-
tion db) of this section) (42 U.S.C. 1762a(gX3XA)) is amended by 
striking the second sentence and all that follows and inserting the 
following: "The Secretary, in computing losses sustained by any 
persons. 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 883 
school district under the preceding sentence, shall base such com-
putation on the difference between the value of bonus commodity 
assistance received by such school district under this Act for the 
school year ending June 30, 1983, and the value of bonus commod-
ities received by such school district under this Act for the school 
year ending June 30, 1982. For the purposes of this subparagraph— 
"(i) the term 'bonus commodities' means commodities pro-
vided in addition to commodities provided pursuant to section 
6(e); and 
"(ii) the term'bonus commodity assistance'means assistance, 
in the form of bonus commodities, cash, or commodity letters of 
credit, provided in addition to assistance provided pursuant to 
section 6(e). 
The Secretary may provide cash compensation under this subpara-
graph only to eligible school districts that submit applications for 
such compensation not later than 1 year after the date of the 
enactment of the Child Nutrition and WIC Reauthorization Act of 
1989. The Secretary shall, during the 45-day period beginning on 
October 1, 1990, complete action on any claim submitted under this 
subparagraph.". 
SEC. 104. REPEAL OF NATIONAL ADVISORY COUNCIL. 
Section 15 of the National School Lunch Act (42 U.S.C. 1763) is 
repealed. 
SEC. 105. CHILD CARE FOOD PROGRAM. 
Disadvantaged 
(a) AMENDMENT TO HEADING.—The heading for section 17 of the 
National School Lunch Act (42 U.S.C. 1766) is amended to read as 
follows: 
"CHILD A N D ADULT CARE FOOD PROGRAM". 
(b) OTHER AMENDMENTS TO SECTION 17.—Section 17 of the Na-
tional School Lunch Act (42 U.S.C. 1766) is amended— 
(1) in subparsigraph (C) of subsection (fX3)— 
(A) in the first sentence, by inserting before the period 
the following: "and expsuision funds to finance the adminis-
trative expenses for such institutions to expand into low-
income or rural areas"; 
< ' 
(B) in the second sentence, by inserting "and expansion 
« 
funds" after "start-up funds"; 
(C) in the third sentence, by inserting "and expansion 
funds" after "Start-up funds"; 
(D) in the fourth sentence, by inserting "and expansion 
funds" after "start-up funds"; 
(E) in the fifth sentence, by inserting "and expansion 
funds" after "start-up funds"; and 
(F) by inserting after the first sentence the following new 
sentence: "Institutions that have received start-up funds 
may also apply at a later date for expansion funds."; 
(2) in subsection (1)— 
(A) by inserting "(1)" after "(1)"; and 
(B) by adding at the end the following new paragraphs: 
"(2) The Secretary shall conduct demonstration projects to test 
innovative approaches to remove or reduce barriers to participation 
in the program established under this section regarding family or 
group day care homes that operate in low-income areas or that 
primarily serve low-income children. As part of such demonstration 
103 STAT. 884 
PUBLIC LAW 101-147—NOV. 10, 1989 
State and local 
governments. 
Day Care. 
State and local 
governments. 
Day Care. 
projects, the Secretary may provide grants to, or otherwise modify 
administrative reimbursement rates for, family or group day care 
home sponsoring organizations. 
"(3) The Secretary and the States shall provide training and 
technical assistance to assist family and group day care home 
sponsoring organizations in reaching low-income children."; 
(3) in subsection (p)— 
(A) by adding at the end of parsigraph (1) the following: 
"Lunches served by each such institution for which re-
imbursement is claimed under this section shall provide, on 
the average, approximately Vs of the daily recommended 
dietary allowance established by the Food and Nutrition 
Board of the National Research Council of the National 
Academy of Sciences. Such institutions shall make resison-
able efforts to serve meals that meet the special dietary 
requirements of participants, including efforts to serve 
foods in forms palatable to participants."; and 
(B) by adding at the end the following new paragraph: 
"(6) The Governor of any State may designate to administer the 
program under this subsection a State agency other than the agency 
that administers the child care food program under this section. ; 
and 
(4) by adding at the end the following new subsection: 
"(qXl) From amounts appropriated or otherwise made available 
for purposes of carrjring out this section, the Secretary shall carry 
out 2 statewide demonstration projects under which private for-
profit organizations providing nonresidential day care services shall 
qualify as institutions for the purposes of this section. An organiza-
tion may participate in a demonstration project described in the 
preceding sentence i
f
— 
"(A) at least 25 percent of the children served by such 
organization meet the income eligibility criteria established 
under section 9(b) for free or reduced price meals; and 
"(B) as a result of the participation of the organization in the 
project— 
"(i) the nutritional content or quality of meals and snacks 
served to children under the care of such organization will 
be improved; or 
"(ii) fees charged by such organization for the care of the 
children described in subparagraph (A) will be lowered. 
"(2) Under each such project, the Secretary shall examine— 
"(A) the budgetary impact of the change in eligibility being 
tested; 
"(B) the extent to which, sis a result of such change, additional 
low-income children can be reached; and 
"(C) which outreach methods are most effective. 
"(3) The Secretary shall choose to conduct demonstration projects 
under this subsection— 
"(A) 1 State that— 
"(i) has a history of participation of for-profit organiza-
tions in the child care food program; 
"(ii) allocates a significant proportion of the amounts it 
receives for child care under title XX of the Social Security 
Act in a manner that allows low-income parents to choose 
the t3npe of child care their children will receive; 
"(iii) has other funding mechanisms that support paren-
tal choice for child care; 
>»^ 
, ' ^ ^ ^ * ^ ' V S « - . * 1 8 V } ' ' 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 885 
"(iv) has a large, State-r^ulated for-profit child care 
industry that serves low-income children; and 
"(v) has large sponsors of family or group day care homes 
that have a history of recruiting and sponsoring for-profit 
child care centers in the child care food program; and 
"(B) 1 State in which— 
"(i) the msgority of children for whom child care arrange-
ments are made are heing cared for in center-based chUd 
care facilities; 
"(ii) for-profit child care centers and preschools are lo-
cated throughout the State and serve both rural and urban 
populations; 
"(iii) at least Vs of the licensed child care centers and 
preschools operate as for-profit facilities; 
"(iy) all licensed facilities are subject to identical nutri-
tional requirements for food service that are similar to 
those required under the child care food prc^ram; and 
"(v) less than 1 percent of child care centers participating 
in the child care food program receive assistance under title 
XX of the Social Security Act. 
"(4) Such project shall— 
"(A) commence not earlier than May 1, 1990, and not later 
than June 30,1990; and 
"(B) terminate on September 30,1992.". 
(c) FAMDUY OR GROUP DAY CARE HOME DEMONSTRATION PROJECT.— 
(1) IN GENERAL.—Section 503(e) of the Hunger Prevention Act 
of 1988 (42 U.S.C. 1766 note) is amended by striking "not later 
than 12 months after the date on which the project was fully 
initiated" and inserting "September 30,1990". 
(2) E^FE-BcnvE DATE.—The amendment made by paragraph (1) 
shall be effective as of October 1, 1989. The Secretary of Agri-
culture shall reimburse day care institutions and family or 
group day care sponsoring organizations participating in the 
demonstration project authorized under section 503(a) of the 
Hunger Prevention Act of 1988 (42 U.S.C. 1766 note) as if this 
Act was enacted before sudi date. 
(d) IMPLEMENTATION.— 
(1) EXPANSION; DEMONSTRATION PROJECT.—The Secretary of 
Agriculture shall implement the amendments made by subsec-
tions (bXD and 09X2) not later than July 1,1990. 
(2) DIETARY REQUIREMENTS FOR ADULT DAY CARE FOOD PRO-
GRAM.—Not later than July 1, 1990, the Secretary of Agri-
culture shall issue final r^ulations to implement the amend-
ments made by subsection (bX3). 
SEC 106. BIEAL SUPPLEMENTS FOR CHILDREN IN AFTERSCHOOL CARE. 
(a) GENERAL AUTHORITY.—The National School Lunch Act (42 
U.S.C. 1751 et seq.) is amended by inserting after section 17 the 
following new section: 
"SEa 17A. MEAL SUPPLEMENTS FOR CHILDREN IN AFTERSCHOOL CARE. 
"(a) GENERAL AUTHORITY.— 
"(1) GRANTS TO STATES.—The Secretary shall carry out a 
prc^am to assist States through grants-in-aid and other means 
to provide meal supplements to children in afterschool care in 
eligible elementary and secondary schools. 
42 u s e 1766 
note. 
42 u s e 1766 
note. 
Regulations. 
42 u s e 1766a. 
103 STAT. 886 
PUBLIC LAW 101-147—NOV. 10, 1989 
Regulations. 
42 u s e 1766a 
note. 
Contracts. 
Contracts. 
Homeless 
persons. 
Safety. 
"(2) EuGiBLE SCHOOLS.—For the purposes of this section, the 
term 'eligible elementary and secondary schools' means schools 
that— 
"(A) operate school lunch programs under this Act; 
"(B) sponsor afterschool care programs; and 
"(C) are participating in the child care food program 
under section 17 on May 15,1989. 
"(b) EuGiBLE CHILDREN.—Reimbursement may be provided under 
this section only for supplements served to children— 
"(1) who are not more than 12 years of age; or 
"(2) in the C£ise of children of migrant workers or children 
with handicaps, who are not more than 15 years of age. 
"(c) REIMBURSEMENT.—For the purposes of this section, the na-
tional average payment rate for supplements shall be equal to those 
established under section 17(cX3) (as adjusted pursuant to section 
IKaXS)). 
"(d) CONTENTS OF SUPPLEMENTS.—The requirements that apply to 
the content of meal supplements served under child care food 
programs operated with assistance under this Act shall apply to the 
content of meal supplements served under programs operated with 
assistance under this section.". 
(b) IMPLEMENTATION.—Not later than July 1, 1990, the Secretary 
of Agriculture shall issue final regulations to implement section 17A 
of the National School Lunch Act (as added by subsection (a) of this 
section), 
SEC. 107. PILOT PROJECTS. 
Section 18 of the National School Lunch Act (42 U.S.C. 1769) is 
amended— 
(1) in paragraph (1) of subsection (e)— 
(A) by striking "for the duration beginning July 1, 1987, 
and ending December 31, 1990" and inserting "beginning 
July 1,1987, and ending September 30,1992"; and 
(B) by adding at the end the following new sentence: "The 
Secretary, directly or through contract, shall administer 
the project under this subsection."; and 
(2) by adding at the end the following new subsection: 
"(fKD The Secretary shall conduct demonstration projects de-
signed to provide food service throughout the year to homeless 
children under the age of 6 in emergency shelters. 
"(2XA) The Secretary shall enter into agreements with private 
nonprofit organizations to participate in the projects under this 
subsection. 
"(B) The Secretary shall establish eligibility requirements for 
private nonprofit organizations that desire to participate in the 
projects under this subsection. Such requirements shall include the 
following: 
"(i) Each such 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. 
"(ii) Each site operated by each such organization shall meet 
applicable State and local health, safety, and sanitation 
standards. 
"(3XA) Projects under this subsection shall use the same meal 
patterns and shall receive reimbursement payments for meals and 
supplements at the same rates provided to child care centers partici-
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 887 
pating in the child care food program under section 17 for free meeds 
and supplements. 
"(B) Homeless children under the age of 6 in emergency shelters 
sh£dl be considered eligible for free meals without application. 
"(4) For purposes of this subsection, the term 'emergency shelter' 
has the meaning given such term in section 321(2) of the Stewart B. 
McKinney Homeless Assistance Act. 
"(5XA) Except as provided in subparagraph (B), the Secretary 
shall expend to carry out this subsection from amounts appropriated 
for purposes of carrying out this Act not less than $50,000 in the 
fiscal year 1990 and not less than $350,000 in each of the fiscal years 
1991, 1992, 1993, and 1994, in addition to any amounts made avail-
able imder section 7(aX5XBXiXI) of the Child Nutrition Act of 1966. 
Any amounts expended under the preceding sentence shall be used 
solely to provide grants on an annual basis to private nonprofit 
organizations for the conduct of projects under this subsection. 
"(B) The Secretary may expend less than the amount required 
under subparagraph (A) tf there is an insufficient number of suit-
able applicants. 
"(6) At least 1 project under this subsection shall commence 
operations not later than September 30, 1990, and all such projects 
shall cease to operate not later than September 30, 1994.". 
SEC. 108. REDUCTION OF PAPERWORK. 
Section 19 of the National School Lunch Act (42 U.S.C. 1769a) is 
amended to read as follows: 
"SEC. 19. REDUCTION OF PAPERWORK. 
"(a) IN GENERAL.—In carrying out functions under this Act and 
the Child Nutrition Act of 1966, the Secretary shall, to the maxi-
mum extent possible, reduce the paperwork required of State and 
local educational agencies, schools, and other agencies participating 
in nutrition programs assisted under such Acts in connection with 
such participation. 
"(b) 
CONSULTATION; PUBLIC COMMENT.—In carrying out 
the 
requirements of subsection (a), the Secretary shall— 
"(1) consult with State and local administrators of progrsims 
assisted under this Act or the Child Nutrition Act of 1966; 
"(2) convene at least 1 meeting of the administrators de-
scribed in paragraph (1) not later than the expiration of the 10-
month period beginning on the date of the enactment of the 
Child Nutrition and WIC Reauthorization Act of 1989; and 
"(3) obtain suggestions from members of the public with 
respect to reduction of paperwork. 
"(c) REPORT.—Before the expiration of the 1-year period beginning 
on the date of the enactment of the CJhild Nutrition and WIC 
Reauthorization Act of 1989, the Secretary shall report to the 
Ck>ngress concerning the extent to which a reduction has occurred in 
the amount of paperwork described in subsection (a). Such report 
shall be developed in consultation with the administrators described 
in subsection (bXl).". 
SEC. 109. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE 
MANAGEMENT INSTITUTE. 
The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended 
by adding at the end the following new section: 
Homeless 
persons. 
Grants. 
State and local 
governments. 
103 STAT. 888 
PUBLIC LAW 101-147—NOV. 10, 1989 
42 use 1769b-l. 
"SEC 21. TRAINING, TECHNICAL ASSISTANCE. AND FOOD SERVICE 
MANAGEMENT INSTITUTE. 
"(a) GENERAL AUTHORITY.—^The Secretary— 
"(1) from amounts appropriated pursuant to subsection (eXD, 
shall conduct training activities and provide technical assist-
ance to improve the sMlls of individuals employed in— 
"(A) food service programs carried out with assistance 
under this Act; 
"(B) school breakfast programs carried out with assist-
ance under section 4 of the Child Nutrition Act of 1966; and 
"(C) as appropriate, other federally assisted feeding pro-
grams; and 
"(2) from amounts appropriated pursuant to subsection (eX2), 
is authorized to establish and maintain a food service manage-
ment institute. 
"(b) MINIMUM REQUIREMENTS.—The activities conducted and 
assistance provided as required by subsection (aXD shall at least 
include activities and assistance with respect to— 
"(1) menu planning; 
"(2) implementation of regulations and appropriate guide-
lines; and 
"(3) compliance with program requirements and accountabil-
ity for program operations. 
"(c) DUTIES OF FOOD SERVICE MANAGEMENT INSTITUTE.— 
"(1) IN GENERAL.—Any food service management institute 
established as authorized by subsection (aX2) shall carry out 
activities to improve the general operation and quality of— 
"(A) food service prc^rams assisted under this Act; 
"(B) school breakfast programs assisted under section 4 of 
the Child Nutrition Act of 1966; and 
"(C) as appropriate, other federally assisted feeding 
programs. 
"(2) libsQuiRED ACTIVITIES.—Activities carried out under para-
graph (1) shall include— 
"(A) conducting research necessary to assist schools and 
other organizations that participate in such programs in 
providing high quality, nutritious, cost-effective meal serv-
ice to the children served; 
"(B) providing training and technical assistance with re-
spect to— 
'(i) efficient use of physical resources; 
'(ii) financial management; 
'(iii) efficient use of computers; 
'(iv) procurement; 
'(v) sanitation; 
'(vi) safety; 
'(vii) food handling; 
'(viii) meal planning and related nutrition activities; 
and 
"(ix) other appropriate activities; 
"(C) establishing a national network of trained profes-
sionals to present training programs and workshops for 
food service personnel; 
"(D) developing training materials for use in the pro-
grams and workshops described in subparagraph (C); and 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 889 
p, 
"(E) acting as a clearinghouse for research, studies, and 
findings concerning all aspects of the operation of food 
service programs, including activities carried out with 
assistance provided under section 19 of the Child Nutrition 
Act of 1966. 
"(d) COORDINATION.—The Secretary shall coordinate activities car-
ried out and assistance provided as required by subsection (b) with 
activities carried out by any food service management institute 
established as authorized by subsection (aX2). 
"(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated— 
"(1) $3,000,000 for the fiscal year 1990, $2,000,000 for the fiscal 
year 1991, and $1,000,000 for each of the fiscal years 1992, 1993, 
and 1994 for purposes of canying out subsection (aXD; and 
"(2) $1,000,000 for the fiscal year 1990 and $4,000,000 for each 
of the fiscal years 1991, 1992, 1993, and 1994 for purposes of 
carrying out subsection (aX2).". 
SEC. 110. COMPLIANCE AND ACCOUNTABILITY. 
42 USC 1769c. 
(a) GENERAL AUTHORITY.—The National School Lunch Act (as 
amended by section 109 of this Act) (42 U.S.C. 1751 et seq.) is 
amended by adding at the end the following new section: 
"SEC. 22. COMPLIANCE AND ACCOUNTABILITY. 
"(a) UNIFIED ACCOUNTABIUTY SYSTEM.—There shall be a unified 
system prescribed and administered by the Secretary for ensuring 
that local food service authorities that participate in the school 
lunch program under this Act comply with the provisions of this 
Act. Such system shall be established through the publication of Regulations, 
regulations and the provision of an opportunity for public comment, 
consistent with the provisions of section 553 of title 5, United States 
Code. 
"Ot)) FUNCTIONS OF SYSTEM.— 
"(1) IN GENERAL.—Under the system described in subsection 
(a), each State educational agency shall— 
"(A) require that local food service authorities comply 
with the provisions of this Act; and 
"(B) ensure such compliance through reasonable audits 
and supervisory assistance reviews. 
"(2) MINIMIZATION OF ADDITIONAL DUTIES.—Each State edu-
cational agency shall coordinate the compliance and account-
ability activities described in paragraph (1) in a manner that 
minimizes the imposition of additional duties on local food 
service authorities. 
"(c) ROLE OF SECRETARY.—In carrying out this section, the Sec-
retary shall— 
"(1) assist the State educational agency in the monitoring of 
programs conducted by local food service authorities; and 
"(2) through management evaluations, review the compliance 
of the State educational agency and the local school food service 
authorities with regulations issued under this Act. 
"(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 
be appropriated for purposes of carrjdng out the compliance and 
accountability activities referred to in subsection (c) $3,000,000 for 
each of the fiscal years 1990,1991,1992,1993, and 1994.". 
(b) IMPLEMENTATION.—Not later than July 1, 1990, the Secretary 
Regulations, 
of Agriculture shall issue final regulations to implement section 22 
42 USC 1769c 
note. 
State and local 
governments. 
103 STAT. 890 
PUBLIC LAW 101-147—NOV. 10, 1989 
42 u s e 1769 d. 
State and local 
governments. 
42 u s e 1769e. 
of the National School Lunch Act (as added by subsection (a) of this 
section). 
SEC. 111. INFORMATION ON INCOME ELIGIBILITY. 
The National School Lunch Act (as amended by sections 109 and 
110 of this Act) (42 U.S.C. 1751 et seq.) is amended by adding at the 
end the following new section: 
"SEC. 23. INFORMATION ON INCOME ELIGIBILITY. 
"(a) INFORMATION TO BE PROVIDED.—In the case of each program 
established under this Act and the Child Nutrition Act of 1966, the 
Secretary shall provide to each appropriate State agency— 
"(1) information concerning what types of income are counted 
in determining the eligibility of children to receive free or 
reduced price meals under the program in which such State, 
State agency, local agency, or other entity is participating, 
particularly with respect to how net self-employment income is 
determined for family day care providers participating in the 
child care food program (including the treatment of reimburse-
ments provided under this section); and 
"(2) information concerning the consideration of applications 
for free or reduced price meals from households in which the 
head of the household is less than 21 years old. 
"(b) TIME FOR PROVISION OF INFORMATION.—The Secretary shall 
provide the information required by subsection (a) before the expira-
tion of the 60-day period beginning on the date of the enactment of 
the Child Nutrition and WIC Reauthorization Act of 1989 and shall 
as necessary provide revisions of such information. 
"(c) FORM SIMPUFICATION.—Not later than July 1, 1990, the Sec-
retary shall— 
"(1) review the model application forms for programs under 
this Act and programs under the Child Nutrition Act of 1966; 
and 
"(2) simplify the format and instructions for such forms so 
that the forms are easily understandable by the individuals who 
must complete them.". 
SEC. 112. NUTRITION GUIDANCE FOR CHILD NUTRITION PROGRAMS. 
The National School Lunch Act (as amended by sections 109, 110, 
and 111 of this Act) (42 U.S.C. 1751 et seq.) is amended by adding at 
the end the following new section: 
"SEC. 24. NUTRITION GUIDANCE FOR CHILD NUTRITION PROGRAMS. 
"(a) NUTRITION GUIDANCE PUBLICATION.— 
"(1) DEVELOPMENT.—The Secretary of Agriculture and the 
Secretary of Health and Human Services shall jointly develop 
and approve a publication to be entitled 'Nutrition Guidance for 
Child Nutrition Programs' (hereafter in this section referred to 
as the 'publication'). The Secretary shall develop the publication 
as required by the preceding sentence before the expiration of 
the 2-year period beginning on the date of the enactment of the 
Child Nutrition and WIC Reauthorization Act of 1989. 
"(2) TIME FOR DISTRIBUTION.—Before the expiration of the 6-
month period beginning on the date that the development of the 
publication is completed, the Secretary shall distribute the 
publication to school food service authorities and institutions 
£ind organizations participating in covered programs. 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 891 
"0)) REVISION OF MENU PLANNING GUIDES.—The Secretary shall, 
as necessary, revise the menu planning guides for each covered 
program to include recommendations for the implementation of 
nutrition guidance described in the publication. 
"(c) APPUCATION OF NUTRITION GUIDANCE TO MEAL PROGRAMS.— 
In canying out any covered program, school food authorities and 
other organizations and institutions participating in such program 
shall apply the nutrition guidance described in the publication when 
preparing meals and meal supplements served under such program. 
"(d) IMPLEMENTATION.—In carrying out covered programs, the 
Secretary shall ensure that meals and meal supplements served 
under such programs are consistent with the nutrition guidance 
described in the publication. 
"(e) REVISION OF PUBUCATION.—The Secretary and the Secretary 
of Health and Human Services may jointly update and approve the 
publication as warranted by scientific evidence. 
"(f) COVERED PROGRAMS.—For the purposes of this section, the 
term 'covered program' includes— 
"(1) the school lunch program under this Act; 
"(2) the summer food service program for children under 
section 13; 
"(3) the child care food program under section 17; and 
"(4) the school breakfast program under section 4 of the Child 
Nutrition Act of 1966.". 
PART B—PROGRAMS UNDER THE CHILD 
NUTRITION ACT OF 1966 
SEC. 
1
2
1
. 
EXPANSION 
OF 
SCHOOL 
BREAKFAST 
PROGRAM. 
Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1733) is 
42 USC 1773. 
amended— 
(1) in the first sentence of subsection (a), by inserting before 
the period the following: "and to carry out the provisions of 
subsection (g)"; 
(2) in subsection (f)— 
(A) by inserting before the subsection the following new 
heading: 
"EXPANSION OF PROGRAM"; 
(B) by inserting "(1)" after "(f)"; 
(C) by striking the last sentence; and 
(D) by adding at the end the following new paragraph: 
"(2XA) Each State educational agency shall— 
State and local 
"(i) provide information to school boards and public officials 
governments. 
concerning the benefits and availability of the school breakfast 
program; and 
"(ii) select each year, for additional informational efforts 
concerning the program, schools in the State— 
"(I) in which a substantial portion of school enrollment 
Disadvantaged 
consists of children from low-income families; and 
persons. 
"(II) that do not participate in the school breakfast 
program. 
"(B) Not later than October 1, 1993, the Secretary shall report to Reports, 
the Committee on Education and Labor of the House of Representa-
tives and the Committee on Agriculture, Nutrition, and Forestry of 
103 STAT. 892 
PUBLIC LAW 101-147—NOV. 10, 1989 
the Senate concerning the efforts of the Secretary and the States to 
increase the participation of schools in the program."; and 
(3) by adding at the end the following new subsection: 
State and local 
governments. 
Reports. 
STAKTUP COSTS 
"(gXD The Secretary shall make payments, totalling not less than 
$3,000,000 in the fiscal year 1990 and $5,000,000 for each of the fiscal 
years 1991, 1992, 1993, and 1994, on a competitive basis to State 
educational agencies in a substantial nimiber of States for distribu-
tion to eligible schools to assist such schools with nonrecurring 
expenses incurred in initiating a school breakfast program under 
thLs section. Pa3mients received under this subsection shall be in 
addition to payments to which State agencies are entitled imder 
subsection O
t
>
)
-
"(2XA) In making payments vmder this subsection in any fiscal 
year, the Secretary shall provide a preference to State educational 
agencies that— 
"(i) submit to the Secretary a plan to expand school breakfast 
programs conducted in the State, including a description of— 
"CD the manner in which the agency will provide tech-
nical assistance and funding to schools in the State to 
expand such programs; 
"(H) a State law that requires the expansion of such 
programs during such year; or 
"(HD significant public or private resources that have 
been assembled to carry out the expansion of such pro-
grams during such year; or 
"(ii) either— 
"(D do not have a breakfast program available to a large 
number of low-income children in the State; or 
"(ID serve a low percentage of free and reduced price 
breakfasts under the school breakfast program when the 
number of such breakfasts is measured as a percentage of 
the number of free and reduced price lunches served in 
such State under the school lunch program carried out 
under the National School Lunch Act. 
"(B) The Secretary shall act in a timely manner to recover and 
reallocate to other States any amoimts provided to a State edu-
cational agency under this subsection that are not used by such 
agency within a reasonable period. 
"(C) The Secretary shall allow States to apply on an annual basis 
for assistance under this subsection. 
"(3) EJach State agency, in allocating funds within the State, shall 
give preference for assistance under this subsection to eligible 
schools that demonstrate the greatest need for a breakfast program. 
"(4) Expenditures of funds from State and local sources for the 
maintenance of the breakfast program shall not be diminished as a 
result of payments received under this subsection. 
"(5) As used in this subsection, the term 'eligible school' means a 
school— 
"(A) attended by children a significant percentage of whom 
are members of low-income families; and 
"(B) that agrees to operate the breakfast program established 
with such assistance for a period of not less than 3 years. 
"(6) Not later than December 31, 1993, the Secretary shall submit 
a report to the Committee on Education and Labor of the House of 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 893 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate concerning the efforts of the Secretary and 
the States to increase the participation of schools in the program.". 
SEC. 122. STATE ADMINISTRATIVE EXPENSES. 
(a) IN GENERAL.—Section 7 of the Child Nutrition Act of 1966 (42 
U.S.C. 1776) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by inserting after the first sentence 
the following new sentence: "If an agency in the State other 
than the State educational agency administers such pro-
gram, the State shall ensure that an amount equal to no 
less than the funds due the State under this paragraph is 
provided to such agency for costs incurred by such agency 
in administering the program, except as provided in para-
graph (5)."; 
(B) by redesignating paragraphs (5) and (6) as paragraphs 
(6) and (7), respectively; 
(C) by inserting after paragraph (4) the following new 
paragraph: 
"(5XA) Not more than 25 percent of the amounts made avsiilable 
to each State under this section for the fiscal year 1991 and 20 
percent of the amounts made available to each State under this 
section for the fiscal year 1992 and for each succeeding fiscal year 
may remain available for obligation or expenditure in the fiscal 
year succeeding the fiscal year for which such amounts were 
appropriated. 
"(BXi) In the fiscal year 1991 and each succeeding fiscal year, any 
amounts appropriated that are not obligated or expended during 
such fiscal year and are not carried over for the succeeding fiscal 
year under subparagraph (A) shall be returned to the Secretary. 
From any amounts returned to the Secretary under the preceding 
sentence, the Secretary shall— 
"(I) first allocate, for the purpose of providing grants on an 
annual basis to private nonprofit organizations participating in 
projects under section 18(f) of the National School Lunch Act, 
not less than $3,000,000 in the fiscal year 1992 and not less than 
$4,000,000 in each of the fiscal years 1993 and 1994; and 
"(II) then allocate, for purposes of administrative costs, emy 
remaining amounts among States that demonstrate a need for 
such amounts. 
"(ii) In any fiscal year in which amounts returned to the Secretary 
under the first sentence of clause (i) are insufficient to provide the 
complete allocation described in clause (iXD, all of such amounts 
shall be allocated for the purpose described in clause (iXD."; and 
(D) by adding at the end the following new paragraph: 
"(8) In the fiscal year 1991 and each succeeding fiscal year, in 
accordance with regulations issued by the Secretary, each State 
shall ensure that the State agency administering the distribution of 
commodities under programs authorized under this Act and under 
the National School Lunch Act is provided, from funds made avail-
able to the State under this subsection, an appropriate amount of 
funds for administrative costs incurred in distributing such 
commodities. In developing such regulations, the Secretary may 
consider the value of commodities provided to the State under this 
Act and under the National School Lunch Act."; 
103 STAT. 894 
PUBLIC LAW 101-147—NOV. 10, 1989 
Effective date. 
42 use 1776 
note. 
State and local 
governments. 
Education. 
(2) in subsection (g), by inserting before the period at the end 
' 
the following: ", and that agree to participate fully in any 
studies authorized by the Secretary"; and 
(3) in subsection (h), by striking "For" £ind all that follows 
through "1989," and inserting "For the fiscal year beginning 
October 1, 1977, and each succeeding fiscal year ending before 
October 1,1994,". 
(b) IMPLEMENTATION.—The amendment made by subsection 
(aXlXA) shall be effective as of October 1,1989. 
SEC. 123. ADDITIONAL ACTIVITIES AND REQUIREMENTS WITH RESPECT 
TO SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, 
INFANTS, AND CHILDREN. 
(a) IN GENERAL.—Section 17 of the Child Nutrition Act of 1966 (42 
U.S.C. 1786) is amended— 
(1) in subsection (b), by adding at the end the following new 
paragraph: 
"(17) 'Competitive bidding' means a procurement process 
under which the State agency selects the single source offering 
the lowest price, as determined by the submission of sealed bids, 
for the product for which bids are sought."; 
(2) in subsection (d), by amending pareigraph (2) to read as 
follows: 
"(2XA) The Secretary shall establish income eligibility standards 
to be used in conjunction with the nutritional risk criteria in 
determining eligibility of individuals for participation in the pro-
gram. Any individual at nutritional risk shall be eligible for the 
program under this section only if such individual— 
"(i) is a member of a family with an income that is less than 
the maximum income limit prescribed under section 9(b) of the 
National School Lunch Act for free and reduced price meals; 
"(ii)CD receives food stamps under the Food Stamp Act of 1977; 
or 
"(ID is a member of a family that receives assistance under 
the program for aid to families with dependent children estab-
lished under part A of title IV of the Social Security Act; or 
"(iiiXD receives medical assistance under title XIX of the 
Social Security Act; or 
"(ID is a member of a family in which a pregnant woman or 
an infant receives such assistance. 
"(B) For the purpose of determining income eligibility under this 
section, any State agency may choose to exclude from income any 
basic allowance for quarters received by military service personnel 
residing off military installations."; 
(3) in subsection (e)— 
(A) by striking the last 3 sentences of paragraph (1); 
(B) by redesignating paragraph (2) as paragraph (3); 
(C) by inserting after paragraph (1) the following new 
paragraph: 
"(2) The Secretary shall prescribe standards to ensure that ade-
quate nutrition education services and breastfeeding promotion and 
support are provided. The State agency shall provide training to 
persons providing nutrition education under this section. Nutrition 
education and breastfeeding promotion and support shall be evalu-
ated annually by each State agency, and such evaluation shall 
include the views of participants concerning the effectiveness of the 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 895 
nutrition education and breastfeeding promotion and support they 
have received."; and 
(D) by adding at the end the following new paragraphs: 
"(3) The State agency shall— 
"(A) ensure that written information concerning food stamps, 
the program for aid to families with dependent children under 
part A of title IV of the Social Security Act, and the child 
support enforcement program under part D of title IV of the 
Social Security Act is provided on at least 1 occasion to each 
adult participeint in and each applicant for the program; 
"(B) provide each local agency with materials showing the 
maximum income limits, according to family size, applicable to 
pregnant women, infants, and children up to age 5 under the 
medical assistamce progrsim established under title XIX of the 
Social Security Act (in this section referred to as the 'medicaid 
program'); and 
"(C) provide to individuals applying for the program under 
this section, or reapplying at the end of their certification 
period, written information about the medicaid program and 
referral to such program or to agencies authorized to determine 
presumptive eligibility for such program, if such individuals are 
not participating in such program and appear to have family 
income below the applicable maximum income limits for such 
program. 
"(4) The State agency shall ensure that each local agency shall 
maintain and make available for distribution a list of local resources 
for substance abuse counseling and treatment."; 
(4) in subsection (f)— 
(A) in subparagraph (C) of paragraph (1)— 
(i) in clause (iii)— 
(I) by inserting "local programs for breastfeeding 
promotion," after "immunization programs,"; and 
(II) by inserting "and treatment' after "alcohol 
and drug abuse counseling"; 
(ii) by amending clause (vii) to read as follows: 
"(vii) a plan to provide program benefits under this section to 
eligible individuals most in need of the benefits and to provide 
eligible individuals not participating in the program with 
information on the program, the eligibility criteria for the 
program, and how to apply for the program, with emphasis on 
reaching and enrolling eligible women in the early months of 
pregnancy, including provisions to reach and enroll eligible 
migrants;"; 
(iii) by redesignating clauses (viii) and (ix) as clauses 
(xii) and (xiii), respectively; and 
(iv) by inserting after clause (vii) the following new 
clauses: 
"(viii) a plan to provide program benefits under this section to 
unserved infants and children under the care of foster parents, 
protective services, or child welfare authorities, including in-
fants exposed to drugs perinatally; 
"(ix) if the State agency chooses to provide program benefits 
under this section to some or all eligible individuals who are 
incarcerated in prisons or juvenile detention facilities that do 
i 
not receive Federal assistance under any program specifically 
established to assist pregnant women regarding their nutrition 
and health needs, a plan for the provision of such benefits to. 
Food stamps. 
Medicaid. 
Public 
information. 
Records. 
Drugs and drug 
abuse. 
103 STAT. 896 
PUBLIC LAW 101-147—NOV. 10, 1989 
Rural areas. 
Education. 
Health care 
facilities. 
and to meet the special nutrition education needs of, such 
individuals, which may include— 
"(I) providing supplemental foods to such individuals that 
are different from those provided to other participants in 
the program under this section; 
"(II) providing such foods to such individuals in a dif-
ferent manner than to other participants in the program 
under this section in order to meet the special needs of such 
individuals; and 
"(III) the development of nutrition education materials 
appropriate for the special needs of such individuals; 
"(x) a plan to improve access to the program for participants 
and prospective applicants who are employed, or who reside in 
rural areas, by addressing their special needs through the 
adoption or revision of procedures and practices to minimize the 
time participants and applicants must spend away from work 
and the distances that participants and applicants must travel, 
including appointment scheduling, adjustment of clinic hours, 
clinic locations, or mailing of multiple vouchers; 
"(xi) a plan to provide nutrition education and promote 
breastfeeding;"; 
(B) by adding at the end of paragraph (8) the following 
new subparagraph: 
"(D) Each local agency operating the program within a hospital 
and each local Eigency operating the program that has a cooperative 
arrangement with a hospital shall— 
"(i) advise potentially eligible individuals that receive in-
patient or outpatient prenatal, maternity, or postpartum serv-
ices, or accompany a child under the age of 5 who receives well-
child services, of the availability of program benefits; and 
"(ii) to the extent feasible, provide an opportunity for individ-
uals who may be eligible to be certified within the hospital for 
participation in such program."; 
(C) in paragraph (9)— 
(i) by inserting "(A)" after "(9)"; and 
(ii) by adding at the end the following new sub-
paragraph: 
"(B) Any State agency that must suspend or terminate benefits to 
any participant during the participant's certification period due to a 
shortage of funds for the program shall first issue a notice to such 
participant. Such notice shall include, in addition to other informa-
tion required by the Secretary, the categories of participants whose 
benefits are being suspended or terminated due to such shortage."; 
(D) in subparagraph (A) of paragraph (14), by inserting 
", breastfeeding promotion," after "nutrition education"; 
(E) in paragraph (17), by inserting before the period the 
following: "and to accommodate the special needs and prob-
lems of individuals who are incarcerated in prisons or 
juvenile detention facilities"; and 
(F) by adding at the end the following new paragraphs: 
"(18XA) Except as provided in subparagraph (B), a State agency 
may implement income eligibility guidelines under this section at 
the time the State implements income eligibility guidelines under 
the medicaid program. 
"(B) Income eligibility guidelines under this section shall be imple-
mented not later than July 1 of each year. 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 897 
"(19) Each local agency participating in the prc^am under this 
section shall provide information about other potential sources of 
food assistance in the local area to individuals who apply in person 
to participate in the program under this section, but who cannot be 
served because the program is operating at capacity in the local 
area. 
"(20) The State agency shall adopt policies that— 
"(A) require each local agency to attempt to contact each 
pr^nant woman who misses an appointment to apply for 
participation in the prc^am under this section, in order to 
reschedule the appointment, unless the phone number and the 
address of the woman are unavailable to such local agency; and 
"(P>) in the case of local agencies that do not routinely sched-
ule appointments for individuals seeking to apply or be 
recertified for participation in the pr(^am under this section, 
require each such local agency to schedule appointments for 
each employed individual seeking to apply or be recertified for 
participation in such program so as to minimize the time each 
such individual is absent from the workplace due to such ap-
plication or request for recertification."; 
(5) in subsection (g)— 
(A) by amending paragraph (1) to read as follows: 
"(1) There are authorized to be appropriated to carry out this Appropriation 
section $2,158,000,000 for the fiscal year 1990, and such sums as may authorization. 
be necessary for each of the fiscal years 1991, 1992, 1993, and 1994. 
As authorized by section 3 of the National School Lunch Act, 
appropriations to carry out the provisions of this section may be 
made not more than 1 year in advance of the b^inning of the fiscal 
year in which the funds will become available for disbursement to 
the States, and shall remain available for the purposes for which 
appropriated until expended."; 
(B) by redesignating parsigraphs (2) and (3) as paragraphs 
(4) and (5), respectively; 
(O by inserting after paragraph (1) the following new 
paragraphs: 
"(2XA) Notwitiistanding any other provision of law, unless en-
acted in express limitation of this subparagraph, the Secretary— 
"(i) in the case of l^islation providing funds through the end 
of a fiscal year, shall issue— 
"(D an initial allocation of funds provided by the enact-
ment of such l^islation not later than the expiration of the 
15-day period b^inning on the date of the enactment of 
such l^islation; and 
"(ID subsequent allocations of funds provided by the 
enactment of such legislation not later than the beginning 
of each of the second, third, and fourth quarters of the fiscal 
year; and 
"(ii) in the case of legislation providing funds for a period that 
ends prior to the end of a fiscal year, shall issue an initial 
allocation of funds provided by the enactment of such legisla-
tion not later than the expiration of the 10-day period beginning 
on the date of the enactment of such legislation. 
' "(B) In any fiscal year— 
' 
"(i) unused amounts from a prior fiscal year that are identi-
fied by the end of the first quarter of the fiscal year shall be 
recovered and reallocated not later than the beginning of the 
second quarter of the fiscal year; and 
103 STAT. 898 
PUBLIC LAW 101-147—NOV. 10, 1989 
"(ii) unused amounts from a prior fiscal year that are identi-
fied after the end of the first quarter of the fiscal year shall be 
recovered and reallocated on a timely basis. 
"(3) Notwithstanding any other provision of law, unless enacted in 
express limitation of this paragraph— 
"(A) the allocation of funds required by paragraph (2)(A)(iXI) 
shall include not less than V
a of the amounts appropriated by 
the legislation described in such paragraph; 
"(B) the allocations of funds required by paragraph (2)(AXiXn) 
to be made not later than the beginning of the second and third 
quarters of the fiscal year shall each include not less than V
4 of 
the amounts appropriated by the legislation described in such 
paragraph; and 
? 
"(C) in the case of the enactment of legislation providing 
appropriations for a period of not more than 4 months, the 
allocation of funds required by paragraph (2XAXii) shall include 
all amounts appropriated by such legislation except amounts 
reserved by the Secretary for purposes of carrjdng out para-
graph (5)."; 
(D) in paragraph (5) (as redesignated by subparagraph (B) 
of this paragraph), by striking "$3,000,000" and inserting 
"$5,000,000"; and 
(E) by adding at the end the following new paragraph: 
"(6) Upon the completion of the 1990 decennial census, the Sec-
retary, in coordination with the Secretary of Commerce, shall make 
available an estimate, by State and county (or equivalent political 
subdivision) of the number of women, infants, and children who are 
members of families that have incomes below the maximum income 
limit for participation in the program under this section."; 
Grants. 
(6) by amending subsection (h) to read as follows: 
"(hXl)(A) Each fiscal year, the Secretary shall make available, 
from amounts appropriated for such fiscal year under subsection 
(gXD and amounts remaining from amounts appropriated under 
such subsection for the preceding fiscal year, an amount sufficient to 
guarantee a national average per participant grant to be allocated 
among State agencies for costs incurred by State and local agencies 
for nutrition services and administration for such year. 
"(BXi) The amount of the national average per participant grant 
for nutrition services and administration for any fiscal year shall be 
an amount equal to the amount of the national average per partici-
pant grant for nutrition services and administration issued for the 
fiscal year 1987, as adjusted. 
"(ii) Such adjustment, for any fiscal year, shall be made by 
revising the national average per participant grant for nutrition 
services and administration for the fiscal year 1987 to reflect the 
percentage change between— 
"(I) the value of the index for State and local government 
purchases, using the implicit price deflator, as published by the 
Bureau of Economic Analysis of the Department of Commerce, 
for the 12-month period ending June 30,1986; and 
"(II) the best estimate that is available as of the start of the 
fiscal year of the value of such index for the 12-month period 
ending June 30 of the previous fiscal year. 
"(C) In any fiscal year, amounts remaining from amounts appro-
priated for such fiscal year under subsection (gXD and from amounts 
appropriated under such section for the preceding fiscal year, after 
carrying out subparagraph (A), shall be made available for food 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 899 
benefits under this section, except to the extent that such amounts 
are needed to carry out the purposes of subsections (gX4) and (gX5). 
"(2XA) For each of the fiscal years 1990,1991,1992,1993 and 1994, 
the Secretary shall allocate to each State agency from the amount 
described in paragraph (IXA) an amount for costs of nutrition 
services and administration on the basis of a formula prescribed by 
the Secretary. Such formula shall— 
"(i) be designed to take into account— 
"(I) the varying needs of each State; 
"(II) the number of individuals participating in each 
State; and 
"(III) other factors which serve to promote the proper, 
efficient, and effective administration of the program under 
^., 
this section; 
"(ii) provide for each State agency— 
(I) an estimate of the number of participants for the 
fiscal year involved; and 
"(II) a per participant grant for nutrition services and 
administration for such year; and 
"(iii) provide for a minimum grant amount for State agencies. 
"(BXi) Except as provided in clause (ii) and subparagraph (C), in 
any fiscal year, the total amount allocated to a State agency for 
costs of nutrition services and administration under the formula 
prescribed by the Secretary under subparagraph (A) shall constitute 
the State agency's operational level for such costs for such year even 
if the number of participants in the program at such agency is lower 
than the estimate provided under subparagraph (AXiiXD-
"(ii) If a State agency's per participant expenditure for nutrition 
services and administration is more than 15 percent higher than its 
per participant grant for nutrition services and administration with-
out good cause, the Secretary may reduce such State agency's 
operational level for costs of nutrition services and administration. 
"(C) In any fiscal year, the Secretary may reallocate amounts 
provided to State agencies under subparagraph (A) for such fiscal 
year. When reallocating amounts under the preceding sentence, the 
Secretary may provide additional amounts to, or recover amounts 
from, any State agency. 
"(3XA) Except as provided in subparagraphs (B) and (C), in each 
fiscal year, each State agency shall expend— 
"(i) for nutrition education activities and breastfeeding pro-
motion and support activities, an aggregate simount that is not 
less than the sum of— 
"(I) V
e of the amounts expended by the State for costs of 
nutrition services and administration; and 
"(II) an amount equal to a proportionate share of 
$8,000,000, with each State's share determined on the basis 
of the number of pregnant women and breastfeeding 
women in the program in the State as a percentage of the 
number of pregnant women and breastfeeding women in 
the program in all States; and 
"(ii) for breastfeeding promotion and support activities an 
amount that is not less than the amount determined for such 
State under clause (i)(II). 
"(B) The Secretary may authorize a State agency to expend an 
amount less than the amount described in subparagraph (AXii) for 
purposesof breastfeeding promotion and support activities if— 
"(i) the State agency so requests; and 
103 STAT. 900 
PUBLIC LAW 101-147—NOV. 10, 1989 
"(ii) the request is accompanied by documentation that other 
funds will be used to conduct nutrition education activities at a 
level commensurate with the level at which such activities 
would be conducted if the amount described in subparagraph 
(A)(ii) were expended for such activities. 
"(C) The Secretary may authorize a State agency to expend for 
purposes of nutrition education an amount that is less than the 
difference between the aggregate amount described in subparagraph 
(A) and the amount expended by the State for breastfeeding pro-
motion and support programs if— 
"(i) the State agency so requests; and 
"(ii) the request is accompanied by documentation that other 
funds will be used to conduct such activities. 
"(D) The Secretary shall limit to a minimal level any documenta-
tion required under this paragraph. 
"(4) The Secretary shall— 
"(A) in consultation with the Secretary of Health and Human 
Services, develop a definition of breastfeeding for the purposes 
of the program under this section; 
"(B) authorize the purcheuse of breastfeeding aids by State and 
local agencies as an allowable expense under nutrition services 
and administration; 
"(C) require each State agency to designate an agency staff 
member to coordinate bresistfeeding promotion efforts identified 
in the State plan of operation and administration; and 
"(D) require the State agency to provide training on the 
promotion and management of breastfeeding to staff members 
of local agencies who are responsible for counseling participants 
in the program under this section concerning breastfeeding. 
"(5XA) Subject to subparagraph (B), in any fiscal year that a State 
agency achieves, through use of acceptable measures, participation 
that exceeds the participation level estimated for such State agency 
under paragraph (2)(A)(ii)(I), such State agency may convert 
simounts allocated for food benefits for such fiscal year for costs of 
nutrition services and administration to the extent that such 
conversion is necessary— 
"(i) to cover allowable expenditures in such fiscal year; and 
"(ii) to ensure that the State agency maintains the level 
esteblished for the per participant grant for nutrition services 
and administration for such fiscal year. 
"(B) If a State agency increases its participation level through 
measures that are not in the nutritional interests of participants or 
not otherwise allowable (such as reducing the quantities of foods 
provided for reasons not related to nutritional need), the Secretory 
may refuse to allow the Stote agency to convert amounts allocated 
for food benefits to defray costs of nutrition services and adminis-
tration. 
"(C) For the purposes of this paragraph, the term 'acceptable 
measures' includes use of cost contoinment measures, curtoilment of 
vendor abuse, and breastfeeding promotion activities. 
"(6) In each fiscal year, each State agency shall provide, from the 
amounts allocated to such agency for such year for costs of nutrition 
services and administration, an amount to each local agency for its 
costs of nutrition services and administration. The amount to be 
provided to each local agency under the preceding sentence shall be 
determined under allocation stondards developed by the State 
agency in cooperation with the several local eigencies, taking into 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 901 
account factors deemed appropriate to further proper, efficient, and 
effective administration of the program, such as— 
"(A) local agency staffing needs; 
"(B) density of population; 
"(C) number of individuals served; and 
"(D) availability of administrative support from other sources. 
"(7) The State agency may provide in advance to any local agency 
any amounts for nutrition services and administration deemed nec-
essary for successful commencement or significant expansion of 
program operations during a reasonable period following approval 
of— 
"(A) a new local gigency; 
"(B) a new cost containment measure; or 
"(C) a significant change in an existing cost containment 
measure. 
"(8)(A) No State may receive its allocation under this subsection 
unless on or before August 30, 1989 (or a subsequent date estab-
lished by the Secretary for any State) such State has— 
"(i) examined the feasibility of implementing cost contain-
ment measures with respect to procurement of infant formula, 
and, where practicable, other foods necessary to carry out the 
program under this section; and 
"(ii) initiated action to implement such measures unless the 
State demonstrates, to the satisfaction of the Secretary, that 
such measures would not lower costs or would interfere with the 
delivery of formula or foods to participants in the program. 
"(B)(i) Except as provided in subparagraphs (C), (D), and (EXiii), in 
carrying out subparagraph (A), any State that provides for the 
purchase of foods under the program at retail grocery stores shall, 
with respect to the procurement of infant formula, use— 
"(I) a competitive bidding system; or 
"(II) any other cost containment measure that jdelds savings 
equal to or greater than savings generated by a competitive 
bidding system when such savings are determined by comparing 
the amounts of savings that would be provided over the full 
term of contracts offered in response to a single invitation to 
submit both competitive bids and bids for other cost contain-
ment systems for the sale of infsint formula, 
"(ii) In determining whether a cost containment measure other 
than competitive bidding yields equal or greater savings, the State, 
in accordance with regulations issued by the Secretary, may take 
into account other cost factors (in addition to rebate levels and 
procedures for adjusting rebate levels when wholesale price levels 
rise), such as— 
"(I) the number of infants who would not be expected to 
receive the contract brand of infant formula under a competi-
tive bidding system; 
"(II) the number of cans of infant formula for which no rebate 
would be provided under another rebate system; and 
"(III) differences in administrative costs relating to the im-
plementation of the various cost containment systems (such as 
costs of converting a computer system for the purpose of operat-
ing a cost containment system and costs of preparing partici-
pants for conversion to a new or alternate cost containment 
system). 
"(C) In the case of any State that has a contract in effect on the 
Contracts, 
date of the enactment of the Child Nutrition and WIC Reauthoriza-
103 STAT. 902 
PUBLIC LAW 101-147—NOV. 10, 1989 
Indians. 
Regulations. 
tion Act of 1989, subparagraph (B) shall not apply to the program 
operated by such State under this section until the term of such 
contract, as such term is specified by the contract as in effect on 
such date, expires. In the case of £uiy State that has more than 1 
such contract in effect on the date of the enactment of such Act, 
subparagraph (B) shall not apply until the term of the contract with 
the latest expiration date, as such term is specified by such contract 
as in effect on the date of the enactment of such Act, expires. 
"(DXi) The Secretary shall waive the requirement of subparagraph 
(B) in the case of any State that demonstrates to the Secretary 
that— 
"(I) compliance with subparagraph (B) would be inconsistent 
with efficient or effective operation of the program operated by 
such State under this section; or 
"(II) the amount by which the savings yielded by an alter-
native cost containment system would be less than the savings 
yielded by a competitive bidding system is sufficiently minimal 
that the difference is not significant. 
"(ii) The Secretary shall prescribe criteria under which a waiver 
may be granted pursuant to clause (i). 
(.iii) The Secretary shall provide information at 6-month intervals 
to the Committee on Education cuid Labor of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate on waivers that have been granted under 
clause (i). 
"(EXi) The Secretary shall provide technical assistance to small 
Indian State agencies canning out this paragraph in order to assist 
such agencies to achieve the maximum cost containment savings 
feasible. 
"(ii) The Secretary shall also provide technical assistance, on 
request, to State agencies that do not have large caseloads and that 
desire to consider a cost containment system that covers more than 
1 State agency. 
"(iii) The Secretary may waive the requirement of subparagraph 
(B) in the case of any Indian State agency that has not more than 
1,000 participants. 
"(F) No State may enter into a cost containment contract (in this 
subparagraph referred to as the "original contract") that prescribes 
conditions that would void, reduce the savings under, or otherwise 
limit the original contract if the State solicited or secured bids for, 
or entered into, a subsequent cost containment contract to take 
effect affer the expiration of the original contract. 
"(G) Not later than the expiration of the 120-day period beginning 
on the date of the enactment of the Child Nutrition and WIC Re-
authorization Act of 1989, the Secretary shall prescribe regulations 
to carry out this paragraph. Such regulations shall address issues 
involved in comparing savings from different cost containment 
measures, as provided under subparagraph (B). 
"(9) For purposes of this subsection, the term 'cost containment 
measure' means a competitive bidding, rebate, direct distribution, or 
home delivery system implemented by a State agency as described in 
its approved plan of operation and administration."; 
(7) in subsection (i)— 
(A) in paragraph (1), by striking "funds provided in 
accordance with this section" and inserting "amounts made 
available for food benefits under subsection (hXlXC)"; 
(B) in subparagraph (D) of paragraph (3)— 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 903 
(i) by striking "approved cost-savings strategies as 
identified in subsection QiXSXA)" and inserting "cost 
containment measures as defined in subsection (hX9)"; 
and 
(ii) by striking "at the discretion of the Secretary, up 
to 5 percent" and inserting "not more than 3 percent'; 
and 
(C) by adding at the end the following new paragraph: 
"(7) In addition to any amounts expended under paragraph 
(3XAXi), any State agency using cost containment measures as de-
fined in subsection (hX9) may temporarily use amounts made avail-
able to such agency for the first quarter of a fiscal year to defray 
expenses for costs incurred during the final quarter of the preceding 
fiscal year. In any fiscal year, any State agency that uses amounts 
made available for a succeeding fiscal year under the authority of 
the preceding sentence shall restore or reimburse such amounts 
when such agency receives payment as a result of its cost contain-
ment measures for such expenses."; 
(8) in subsection (j), by striking "each year" and inserting 
"every other year"; 
(9) in subsection (kXD— 
(A) in the first sentence, by striking "twenty-three" and 
inserting "24"; and 
(B) in the second sentence, by inserting after "the Sec-
retary;" the following: "1 member shall be an expert in the 
promotion of breast feeding;"; and 
(10) by adding at the end the following new subsections: 
"(oXD Subject to the availability of funds appropriated for the 
purpose of carrjdng out this subsection, the Secretary is authorized 
to establish a demonstration program for the establishment of 
clinics for participants in the program under this section at commu-
nity colleges that offer nursing education programs. In determining 
the location of clinics under this subsection, the Secretary shall 
consider— 
"(A) the location of the community college under consider-
ation; 
"(B) its accessibility to individuals eligible to participate in 
the special supplemental food program under this section; and 
"(C) its willingness to operate the clinic during nontraditional 
hours. 
"(2) The Secretary shall, from funds appropriated for the purpose 
of carrying out this subsection— 
"(A) evaluate any demonstration program carried out under 
paragraph (1); and 
"(B) submit to the CJongress a report containing the results of 
such evaluation. 
"(3) There is authorized to be appropriated for purposes of carry-
ing out this subsection $1,000,000 for the fiscal year 1990 and such 
sums as may be necessary for each of the fiscal years 1991 and 1992. 
"(pXD The Secretary is authorized to make grants to State agen-
cies for the purpose of improving and updating information and data 
systems used for purposes of carrying out programs under this 
section. 
"(2) Any State that desires to receive a grant under this subsection 
shall submit an application to the Secretary at such time, and 
containing or accompanied by such information, as the Secretary 
Education. 
Health care 
professionals. 
Reports. 
Appropriation 
authorization. 
Grants. 
103 STAT. 904 
PUBLIC LAW 101-147—NOV. 10, 1989 
may reasonably require. Grants shall be awarded based on the need 
demonstrated by States in their applications. 
Appropriation 
"(3) There is authorized to be appropriated for purposes of carry-
authorization, 
ing out this subsection $2,000,000 for the fiscal year 1990 and such 
sums as may be necessary for each of the fiscal years 1991, 1992, 
1993, and 1994.". 
42 use 1786 
01)) REVIEW O
P PRIORITY SYSTEM.— 
note- 
(1) IN GENERAL.—During the fiscal years 1990 and 1991, the 
Secretary of Agriculture shall conduct a review of the relation-
ship between the nutritional risk criteria established under 
section 17 of the Child Nutrition Act of 1966 and the priority 
system used under the special supplemented food program for 
women, infants, and children carried out under such section 
(hereafter in this section referred to as the "program"), espe-
cial^ as it affects pregnant women. In conducting such review, 
the Secretary of Agriculture shall— 
(A) consult with the directors of State and local agencies 
that operate the program and with other individuals with 
expertise in the field of nutrition; 
(B) take into consideration the preventive nature of the 
program; and 
(Q examine the risks to individuals eligible for participa-
tion in the program, particularly pregnant women, from 
/ 
conditions such as homelessness, mental illness, and condi-
tions that pose barriers to receipt of prenatal care, that 
may be associated with an increased probability of adverse 
pr^nancy outcome or other adverse effects on health. 
(2) REPORTS TO CX>NGRESS.—The Secretary of Agriculture shall 
report to the Committee on Education and Labor of the House 
of Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate concerning the results of the 
review conducted as required by paragraph (1). Under the 
preceding sentence, the Secretary of Agriculture shall submit to 
such committees— 
(A) a preliminary report not later than October 1, 1990; 
and 
(B) a final report not later than July 1,1991. 
42 use 1786 
(c) REPORT ON WIC FOOD PACKAGE— 
"°**- 
(1) IN GENERAL.—The Secretary of Agriculture shall review 
the appropriateness of foods eligible for purchase under the 
special supplemental food program for women, infants, and 
children carried out under section 17 of the Child Nutrition Act 
of 1966. 
(2) FACTORS.—In conducting such reAdew, the Secretary of 
Agriculture shall take into consideration such factors as— 
(A) how effectively protein, calcium, and iron are pro-
vided to participants; 
(B) nutrient density of foods; and 
(C) the extent to which nutrients, for which program 
participants are most vulnerable to deficiencies, such as 
iron, thiamine, riboflavin, vitamin A, and zinc, are effec-
tively provided to participants. 
(3) REPORTS.—The Secretary of Agriculture shall provide to 
the Congress— 
(A) a preliminary report on such review no later than 
June 30,1991; and 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 905 
(B) a final report on such review no later than June 30, 
1992. 
(d) REPORT ON COSTS FOR NUTRITION SERVICES AND ADMINIS-
TRATION.— 
(1) IN GENERAL.—The Secretary of Agriculture shall review 
the effect on costs for nutrition services and administration 
incurred by State and local agencies of this section, section 213, 
and the amendments made by such sections (including the effect 
of both increases and decreases in requirements imposed on 
such agencies). 
(2) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary of Agriculture shall submit to the 
appropriate committees of the Congress a report on the results 
of the review conducted under this subsection. 
(e) PAPERWORK REDUCTION.—In implementing and monitoring 
compliance with the provisions of the amendments made by this 
section (other than the amendment made by subsection (aX2) to 
section 17(dX2) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(dX2)), the Secretary of Agriculture shall not impose any new 
requirement on a State or local agency that would require the State 
or local agency to place additional paperwork or documentation in a 
case file maintained by a local agency. 
(f) IMPLEMENTATION.— 
(1) BREASTFEEDING PROMOTION; NUTRITION EDUCATION; OUT-
REACH.—Not later than July 1, 1990, the Secretary of Agri-
culture shall issue final regulations to implement the amend-
ments made by subsections (aX2), (aX3), and (aX4). 
(2) EXTENSION OF AUTHORIZATION; ALLOCATIONS.—The amend-
ments made by subsections (aX5), (aX6), and (aX7) shall be 
effective as of October 1,1989. 
SEC. 124. NUTRITION EDUCATION AND TRAINING. 
Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) is 
amended— 
(1) in subsection (d)— 
(A) in paragraph (1)— 
(i) by amending subparagraph (B) to read as follows: 
"(B) training school food service personnel in the prin-
ciples and practices of food service management, in 
cooperation with materials developed at any food serv-
ice management institute established as authorized by 
section 21(aX2) of the National School Lunch Act, and ; 
and 
(ii) in subparagraph (C), by striking "schools and 
child care institutions" and inserting "schools, child 
care institutions, and institutions offering summer food 
service programs under section 13 of the NationsQ 
School Lunch Act"; 
(B) in paragraph (2), by striking "the National Advisory 
Council on Child Nutrition;"; and 
(C) in the first sentence of paragraph (4), by inserting 
before the period the following: ", in coordination with the 
activities authorized under section 21 of the National 
School Lunch Act"; 
(2) in subparagraph (C) of subsection (hX3), by striking "the 
National Advisory Council on Child Nutrition,"; 
42 u s e 1786 
note. 
42 u s e 1786 
note. 
42 u s e 1786 
note. 
Regulations. 
Effective date. 
103 STAT. 906 
PUBLIC LAW 101-147—NOV. 10, 1989 
Appropriation 
authorization. 
Grants. 
(3) by amending paragraph (2) of subsection (i) to read as 
follows: 
"(2XA) There is authorized to be appropriated for grants to each 
State for the conduct of nutrition education and information 
programs— 
"(i) $10,000,000 for the fiscal year 1990; 
"(ii) $15,000,000 for the fiscal year 1991; 
"(iii) $20,000,000 for the fiscal year 1992; and 
"(iv) $25,000,000 for each of the fiscal years 1993 and 1994. 
"(BXiXD Subject to clause (ii), grants to each State from the 
amounts appropriated under subparagraph (A) shall be based on a 
rate of 50 cents for each child enrolled in schools or institutions 
within such State. 
"(II) If the amount appropriated for any fiscal year is insufficient 
to pay the amount to which each State is entitled under subclause 
(I), the amount of each grant shall be ratably reduced. If additional 
funds become available for making such payments, such eunounts 
shall be increased on the same basis as they were reduced, 
"(ii) No State shall receive an amount that is less than— 
"(I) $50,000, in any fiscal year in which the amount appro-
priated for purposes of this section is less than $10,000,000; 
"(II) $62,500, in any fiscal year in which the amount appro-
priated for purposes of this section is $10,000,000 or more but is 
less than $15,000,000; 
"(III) $68,750, in any fiscal year in which the amount appro-
priated for purposes of this section is $15,000,000 or more but is 
less than $20,000,000; and 
"(IV) $75,000 in any fiscal year in which the amount appro-
priated for purposes of this section is $20,000,000 or more."; and 
(4) by adding at the end the following new subsection: 
"(jXD The Secretary shall assess the nutrition information and 
education program carried out under this section to determine what 
nutrition education needs are for children participating under the 
National School Lunch Act in the school lunch program, the 
summer food service program, and the child care food program. 
"(2) The assessment required by paragraph (1) shall be completed 
not later than October 1,1990.". 
PART C—CROSS-PROGRAM PROVISIONS 
SEC. 131. DETERMINATION OF TOTAL COMMODITY ASSISTANCE FOR THE 
SCHOOL LUNCH AND CHILD CARE FOOD PROGRAMS. 
(a) SCHOOL LUNCH PROGRAM.—Section 6(e) of the National School 
Lunch Act (42 U.S.C. 1755(e)) is amended— 
(1) by amending paragraph (1) to read as follows: 
"(IXA) The national average value of donated foods, or cash 
payments in lieu thereof, shall be 11 cents, adjusted on July 1, 1982, 
and each July 1 thereafter to reflect changes in the Price Index for 
Food Used in Schools and Institutions. The Index shall be computed 
using 5 major food components in the Bureau of Labor Statistics' 
Producer I*rice Index (cereal and bakery products, meats, poultry 
and fish, dairy products, processed fruits and vegetables, and fats 
and oils). Each component shall be weighed using the same relative 
weight as determined by the Bureau of Labor Statistics. 
" ^ ) Tlie value of food assistance for each meal shall be adjusted 
each July 1 by the annual percentage change in a 3-month average 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 907 
value of the Price Index for Foods Used in Schools and Institutions 
for March, April, and May each year. Such adjustment shall be 
computed to the nearest VA cent. 
"(C) For each school year, the total commodity assistance or cash 
in lieu thereof available to a State for the school lunch program 
shall be calculated by multiplying the number of lunches served in 
the preceding school year by the rate established by subparagraph 
(B). After the end of each school year, the Secretary shall reconcile 
the number of lunches served by schools in each State with the 
number of lunches served by schools in each State during the 
preceding school year and increase or reduce subsequent commodity 
assistance or cash in lieu thereof provided to each State based on 
such reconciliation. 
"(D) Among those commodities delivered under this section, the 
Secretary shall give special emphasis to high protein foods, meat, 
and meat alternates (which may include domestic seafood commod-
ities and their products). 
"(E) Notwithstanding any other provision of this section, not less 
than 75 percent of the assistance provided under this subsection 
shall be in the form of donated foods for the school lunch program."; 
and 
(2) in paragraph (2), by striking "Each State agency" and 
inserting "To the maximum extent feasible, each State agency". 
(b) CHILD CARE FOOD PROGRAM.—Paragraph (1) of section 17(h) of 
the National School Limch Act (42 U.S.C. 1766(h)) is amended to 
read as follows: 
"(IXA) The Secretary shall donate agricultural commodities pro-
duced in the United States for use in institutions participating in 
the child care food program under this section. 
"(B) The value of the commodities donated under subparagraph 
(A) (or cash in lieu of commodities) to each State for each school year 
shall be, at a minimimi, the amount obtained by multiplying the 
number of lunches and suppers served in participating institutions 
in that State during the preceding school year by the rate for 
commodities or cash in lieu of commodities established under sec-
tion 6(e) for the school year concerned. 
"(C) After the end of each school year, the Secretary shall— 
"(i) reconcile the number of lunches and suppers served in 
participating institutions in each State during such school year 
with the number of lunches and suppers served by participating 
institutions in each State during the preceding school year; and 
"(ii) based on such reconciliation, increase or reduce subse-
quent commodity assistance or cash in lieu of commodities 
provided to each State. 
"(D) Any State receiving assistance under this section for institu-
tions participating in the child care food program may, upon ap-
plication to the Secretary, receive cash in lieu of some or all of the 
commodities to which it would otherwise be entitled under this 
subsection. In determining whether to request cash in lieu of 
commodities, the State shall base its decision on the preferences of 
individual participating institutions within the State, unless this 
proves impracticable due to the small number of institutions prefer-
ring donated commodities.". 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
become effective on July 1,1989. 
State and local 
governments. 
State and local 
governments. 
42 use 1755 
note. 
103 STAT. 908 
PUBLIC LAW 101-147—NOV. 10, 1989 
Contracts. 
Effective date. 
42 use 1758 
note. 
TITLE II—PAPERWORK REDUCTION 
AMENDMENTS 
PART A—REDUCTION OF PAPERWORK UNDER 
THE NATIONAL SCHOOL LUNCH ACT 
SEC. 
2
0
1
. 
PERMANENCY 
OF 
STATE-LOCAL 
AGREEMENTS 
FOR 
CARRYING 
OUT 
THE 
SCHOOL 
LUNCH 
PROGRAM. 
Section 8 of the National School Lunch Act (42 U.S.C. 1757) is 
amended by inserting after the first sentence the following new 
sentences: "The agreements described in the preceding sentence 
shall be permanent agreements that may be amended as necessary. 
Nothing in the preceding sentence shall be construed to limit the 
ability of the State educational agency to suspend or terminate any 
such agreement in accordance with regulations prescribed by the 
Secretary.". 
SEC. 202. INCOME DOCUMENTATION REQUIREMENTS. 
(a) ELIMINATION OF DUPUCATE PROVISIONS.— 
(1) IN GENERAL.—Section 9(b) of the National School Lunch 
Act (42 U.S.C. 1758(b)), as similarly amended first by section 323 
of the School Lunch and Child Nutrition Amendments of 1986, 
as contained in Public Law 99-500 (100 Stat. 1783-361), later by 
section 323 of the School Lunch and Child Nutrition Amend-
ments of 1986, as contained in Public Law 99-591 (100 Stat. 
3341-364), and later by section 4203 of the Child Nutrition 
Amendments of 1986, as contained in the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 99-661), and 
as then amended by section 1 of Public Law 100-356, is amended 
to read as if only the amendment made by section 4203 of the 
Child Nutrition Amendments of 1986 was enacted. 
(2) FREE LUNCH PROGRAM EUGIBILITY UNDER PUBUC LAW loo-
356.—(A) Section 9(bXl)(A) of the National School Lunch Act (as 
amended by paragraph (1) of this subsection) (42 U.S.C. 
1758(b)(lXA)) is amended— 
(i) in the second sentence, by striking "For the school 
years ending June 30, 1982, and June 30, 1983, the" and 
inserting "The"; and 
(ii) by striking the third sentence. 
(B) The amendments made by subparagraph (A) shall take 
effect as if such amendments had been effective on June 28, 
1988. 
O
t
)
) INCOME DOCUMENTATION REQUIREMENTS.—Section 9 of the Na-
tional School Lunch Act (as amended by subsection (a) of this 
section) (42 U.S.C. 1758) is amended— 
(1) by amending subparagraph (C) of subsection Ot)X2) to read 
as follows: 
"(CXi) Except as provided in clause (ii), each eligibility determina-
tion shall be made on the basis of a complete application executed 
by an adult member of the household. The Secretary, State, or local 
food authority may verify any data contained in such application. A 
local school food authority shall undertake such verification of 
information contained in any such application as the Secretary may 
by regulation prescribe and, in accordance with such regulations. 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 909 
shall make appropriate changes in the eligibility determination 
with respect to such application on the basis of such verification, 
"(ii) Subject to clause (iii), any school food authority may certify 
any child as eligible for free or reduced price lunches or breakfasts, 
without further application, by directly communicating with the 
appropriate State or local agency to obtain documentation of such 
child's status as a member o
f
— 
"(I) a household that is receiving food stamps under the Food 
Stamp Act of 1977; or 
"(II) a family that is receiving assistance under the program 
for aid to families with dependent children under part A of title 
IV of the Social Security Act. 
"(iii) School food service authorities shall only use information 
obtained under clause (ii) for the purpose of determining eligibility 
for participation in programs under this Act and the Child Nutrition 
Act of 1966."; 
(2) in subsection (d)— 
(A) in paragraph (1), by striking "numbers of all adult" 
and all that follows and inserting the following: "number of 
the parent or guardian who is the primary wage earner 
responsible for the care of the child for whom the applica-
tion is made, or that of another appropriate adult member 
of the child's household, as determined by the Secretary. 
The Secretary shall require that social security account 
numbers of all adult members of the household be provided 
if verification of the data contained in the application is 
sought under subsection (b)(2)(C)."; 
(B) in paragraph (2)— 
(i) by amending subparagraph (A) to read as follows: 
"(A) appropriate documentation relating to the income of 
such household (as prescribed by the Secretary) has been pro-
vided to the appropriate local school food authority so that such 
authority may calculate the total income of such household;"; 
(ii) by striking the period at the end of subparagraph 
(B) and inserting "; or"; and 
(iii) by adding at the end the following new sub-
paragraph: 
"(C) documentation has been provided to the appropriate local 
school food authority showing that the family is receiving assist-
ance under the program for aid to families with dependent 
children under part A of title IV of the Social Security Act.", 
(c) IMPLEMENTATION.—Not later than July 1, 1990, the Secretary 
Regulations. 
of Agriculture shall issue final regulations to implement the amend- 
42 USC 1758 
ments made by subsection (b). 
note. 
SEC. 203. 
REPORTS 
TO 
STATE 
EDUCATIONAL 
AGENCIES. 
Paragraph (1) of section 11(e) of the National School Lunch Act (42 
U.S.C. 1759a(e)) is amended by striking "Each school" and all that 
follows through "State educational agency" and inserting the follow-
ing: "The Secretary, when appropriate, may request each school 
participating in the school lunch program under this Act to report 
monthly to the State educational agency". 
SEC. 204. 2-YEAR APPLICATIONS UNDER CHILD CARE FOOD PROGRAM. 
(a) GENERAL AUTHORITY.—Subsection (d) of section 17 of the 
Na-
tional School Lunch Act (42 U.S.C. 1766) is amended— 
103 STAT. 910 
PUBLIC LAW 101-147—NOV. 10, 1989 
Regulations. 
42 use 1766 
note. 
State and local 
governments. 
(1) by redesignating paragraphs (1) and (2) as subparagraphs 
(A) and (B), respectively; 
(2) by inserting "(1)" after "(d)"; and 
(3) by adding at the end the following new paragraph: 
"(2XA) The Secretary shall develop a policy that allows institu-
tions providing child care that participate in the program under this 
section, at the option of the State agency, to reapply for assistance 
under this section at 2-year intervals. 
"(B) Each State agency that exercises the option authorized by 
subparagraph (A) shall confirm on an annual basis that each such 
institution is in compliance with the licensing or approval provisions 
of subsection (aXl).". 
(b) IMPLEMENTATION.—Not later than July 1, 1990, the Secretary 
shall issue final regulations to implement the amendments made by 
subsection (a). 
SEC. 205. PILOT PROJECTS FOR ALTERNATIVE COUNTING METHODS. 
(a) GENERAL AUTHORITY.—Section 18 of the National School 
Lunch Act (as amended by section 107(2) of this Act) (42 U.S.C. 1769) 
is amended by adding at the end the following new subsection: 
"(gXlXA) The Secretary shall carry out a pilot program for pur-
poses of identif3dng alternatives to— 
"(i) daily counting by category of meals provided by school 
lunch programs under this Act; and 
"(ii) annual applications for eligibility to receive free meals or 
reduced price meals. 
"(B) For the purposes of carrying out the pilot program under this 
paragraph, the Secretary may waive requirements of this Act relat-
ing to counting of meals provided by school lunch programs and 
applications for eligibility. 
(C) For the purposes of carrying out the pilot program under this 
paragraph, the Secretary shall solicit proposals from State edu-
cational agencies and local educational agencies for the alternatives 
described in subparagraph (A). 
"(2XA) The Secretary shall carry out a pilot program under which 
a limited number of schools participating in the special assistance 
program under section ll(aXl) that have in attendance children at 
least 80 percent of whom are eligible for free lunches or reduced 
price lunches shall submit applications for a 3-year period. 
"(B) Each school participating in the pilot program under this 
paragraph shall have the option of determining the number of free 
meals, reduced price me£ds, and paid meals provided daily under the 
school lunch program operated by such school by applying percent-
ages determined under subparagraph (C) to the daily tot^ student 
meal count. 
"(C) The percentages determined under this subparagraph shall 
be established on the basis of the master roster of students enrolled 
in the school concerned, which— 
"(i) shall include a notation as to the eligibility status of each 
student with respect to the school lunch program; and 
"(ii) shall be updated not later than September 30 of each 
year. 
"(3XA) The Secretary shall carry out a pilot program under which 
a limited number of schools participating in the special assistance 
program under section ll(aXl) that have universal free school lunch 
programs shall have the option of determining the number of free 
meals, reduced price meals, and paid me£ds provided daily under the 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 911 
school lunch program operated by such school by applying percent-
ages determined under subparagraph (B) to the daily total student 
meal count. 
"(B) The percentages determined under this subparagraph shall 
be established on the basis of the master roster of students enrolled 
in the school concerned, which— 
"(i) shall include a notation as to the eligibility status of each 
student with respect to the school lunch program; and 
"(ii) shall be updated not later than September 30 of each 
year. 
"(C) For the purposes of this paragraph, a universal free school 
lunch pr(^ram is a prc^ram under which the school operating the 
program elects to serve all children in that school free lunches 
under the school lunch prograaa during any period of 3 successive 
years and pays, from sources other than Federal funds, for the costs 
of serving such lunches which are in excess of the value of assistance 
received under this Act with respect to the number of lunches 
served during that period. 
"(4) In addition to the pilot projects described in this subsection, 
the Secretary may conduct other pilot projects to test alternative 
counting and claiming procedures. 
"(5) Ekch. pilot pr(^ram carried out under this subsection shall be 
evaluated by the Secretary after it has been in operation for 3 
years.". 
(b) IMPLEMENTATION.—Not later than July 1, 1990, the Secretary 
Regulations. 
of Agriculture shall issue final regulations to implement section 
42 USC 1769 
18(g) of the National School Lunch Act (as added by subsection (a) of "°*®' 
this section). 
PART B—REDUCTION OF PAPERWORK UNDER 
THE CHILD NUTRITION ACT OF 1966 
SEC. 211. STATE-LOCAL AGREEMENTS FOR CARRYING OUT THE SPECIAL 
MILK PROGRAM. 
(a) ELIMINATION OF DUPLICATE PROVISION.—Section 3(a) of 
the 
Child Nutrition Act of 1966 (42 U.S.C. 1772(a)), as similarly amended 
first by section 329 of the School Lunch and Child Nutrition Amend-
ments of 1986, as contained in Public Law 99-591 (100 Stat. 3341-
365) and later by section 4209 of the Child Nutrition Amendments of 
1986, as contained in the National Defense Authorization Act for 
Fiscal Year 1987 (Public Law 99-661), is amended to read as if only 
the later amendment was enacted. 
(b) STATE-LOCAL AGREEMENTS.—Subsection (a) of section 3 of the 
Child Nutrition Act of 1966 (as amended by subsection (a) of this 
section) (42 U.S.C. 1772) is amended by adding at the end the 
following new paragraph: 
"(10) The State educational agency shall disburse funds paid to 
the State during any fiscal year for puri>oses of canning out the 
program under this section in accordance with such agreements 
approved by the Secretary as may be entered into by such State 
agency and the schools in the State. The agreements described in 
the preceding sentence shall be permanent agreements that may be 
amended as necessary. Nothing in the preceding sentence shall be 
construed to limit the ability of the State educational agency to 
suspend or terminate any such agreement in accordance with regu-
lations prescribed by the Secretary.". 
103 STAT. 912 
PUBLIC LAW 101-147—NOV. 10, 1989 
Effective date. 
42 u s e 1773 
note. 
State and local 
governments. 
Mful. 
SEC. 212. PERMANENCY OF STATE-LOCAL AGREEMENTS FOR CARRYING 
OUT THE SCHOOL BREAKFAST PROGRAM. 
(a) EUMINATION OF DUPUCATE PROVISION.— 
(1) IN GENERAL.—Section 4(b) of the Child Nutrition Act of 
1966 (42 U.S.C. 1773(b)), as similarly amended first by section 
33(Ka) of the School Lunch and (Dhild Nutrition Amencunents of 
1986, as contained in Public Law 99-591 (100 Stat. 3341-366) and 
later by section 4210(a) of the Child Nutrition Amendments of 
1986, as contained in the National Defense Authorization Act 
for Fiscal Year 1987 (Public Law 99-661), and as then amended 
by section 210 of the Hunger Prevention Act of 1988 (Public Law 
100-435) is amended to read as if only the amendment made by 
section 421(Ka) of the Child Nutrition Amendments of 1986, as 
contained in the National Defense Authorization Act for Fiscal 
Year 1987, w£is enacted. 
(2) 
IMPROVEMENT OF SCHOOL BREAKFAST PROGRAM UNDER 
HUNGER PREVENTION ACT.—(A) The first Sentence of section 
4(bX3) of the Child Nutrition Act of 1966 (42 U.S.C. 1773a)X3)) is 
amended by striking "3 cents" and inserting "6 cents". 
(B) The amendments made by subparagraph (A) shall take 
effect as if such amendments had been effective on July 1, 1989. 
(b) STATE-LOCAL AGREEMENTS.—Subparagraph (A) of section 4(bXl) 
of the Child Nutrition Act of 1966 (as amended by subsection (a) of 
this section) (42 U.S.C. 1773(bXl)) is amended— 
(1) by redesignating clauses (i) and (ii) as subclauses (I) and 
(II); 
(2) by inserting "(i)" after "(A)"; and 
(3) by adding at the end the following new clause: 
"(ii) The agreements described in clause (iXD shall be permanent 
agreements that may be amended as necessary. Nothing in the 
preceding sentence shall be construed to limit the ability of the 
State educational agency to suspend or terminate any such agree-
ment in accordance with regulations prescribed by the Secretary.". 
SEC. 213. PAPERWORK REDUCTION REQUIREMENTS UNDER THE SPECIAL 
SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND 
CHILDREN. 
(a) GENERAL AUTHORITY.—Section 17 of the Child Nutrition Act of 
1966 (as amended by section 123 of this Act) (42 U.S.C. 1786) is 
amended— 
(1) by adding at the end of subsection (e) the following new 
paragraph: 
"(5) Each local agency may use a master file to document and 
monitor the provision of nutrition education services (other than the 
initial provision of such services) to individuals that are required, 
under standards prescribed by the Secretary, to be included by the 
agency in group nutrition education classes.'; and 
(2) in subsection (f)— 
(A) in paragraph (7)— 
(i) by inserting "(A)" after "(7)"; and 
(ii) by adding at the end the following new subpara-
graph: 
"(B) State agencies may provide for the delivery of vouchers to 
any participant who is not scheduled for nutrition education coun-
seling or a recertification interview through means, such as mailing, 
that do not require the participant to travel to the local agency to 
obtain vouchers. The State agency shall describe any plans for 
PUBLIC LAW 101-147—NOV. 10,1989 
103 STAT. 913 
issuance of vouchers by mail in its plan submitted under paragraph 
(1). The Secretary may disapprove a State plan with respect to the 
issuance of vouchers by mail in any specified jurisdiction or part of a 
juxisdiction within a State only if the Secretary finds that such 
issuance would pose a significant threat to the integrity of the 
program under this section in such jurisdiction or part of a jurisdic-
tion."; and 
(B) by adding after paragraph (20) (as added by section 
123(aX3XF) of this Act) the following new paragraph: 
"(21) E!ach State agency shsdl conduct monitoring reviews of each 
local agency at least biennially.". 
(b) iMPUQtfENTATioN.—Not later than July 1, 1990, the Secretary Regulations. 
of Agriculture shall issue final r^ulations to implement the amend- 42 use 1786 
ments made by subsection (a). 
'^°**' 
SEC 214. UPDATING OF PLANS FOR NUTRITION EDUCATION AND 
TRAINING. 
Paragraph (3) of section 19(h) of the CJhild Nutrition Act of 1966 
(as amended by section 124 of this Act) (42 U.S.C. 1788(h)) is 
amended by adding at the end the following new sentence: "Each 
plan developed as required by this section shall be updated on an 
annual basis.". 
TITLE III—TECHNICAL AMENDMENTS 
PART A—AMENDMENTS TO THE NATIONAL 
SCHOOL LUNCH ACT 
SEC 301. APPORTIONMENTS TO STATES. 
The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended 
42 use 1753. 
by inserting before section 4 the following new heading: 
"APPORTIONMENTS TO STATES". 
SEC 302. DIRECT FEDERAL EXPENDITURES. 
Section 6(a) of the National School Lunch Act (42 U.S.C. 1755(a)) is 
amended— 
(1) in paragraph (1), by striking "his" and inserting "the 
Secretary's"; 
(2) in paragraph (2), by striking "him" and inserting "the 
Secretary"; and 
(3) in the matter following paragraph (3)— 
(A) by striking "him' and inserting "the Secretary"; 
(B) by striking ^'(50 Stat. 323)"; and 
(O by strikmg "(49 Stat. 774), as amended". 
SEC 303. PAYMENTS TO STATES. 
(a) INSERTION OF SECTION HEADING.—The National School Lunch 
Act (42 U.S.C. 1751 et seq.) is amended by inserting before section 7 42 USe 1756. 
the following new heading: 
"PAYMENTS T
O STATES". 
(b) CORRECTION OF TYPOGRAPHICAL ERROR.—Paragraph (2) of sec-
tion 7(a) of the National School Lunch Act (42 U.S.C. 1756(a)) is 
amended by striking "the the" and inserting "the". 
103 STAT. 914 
PUBLIC LAW 101-147—NOV. 10, 1989 
SEC. 304. STATE DISBURSEMENT TO SCHOOLS. 
Subsection (d) of section 8 of the National School Lunch Act (as 
designated by section 201 of this Act) (42 U.S.C. 1757) is amended— 
(1) by striking "persons" and inserting "individuals"; 
Handicapped 
(2) by striking "to be mentally or physically handicapped" 
P^'^o'^s. 
and inserting "to have 1 or more mentsJ or physical handicaps"; 
and 
(3) by striking "for mentally or physically handicapped" and 
inserting "for individuals with mental or physical handicaps". 
SEC. 305. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS. 
(a) EuMiNATiON OF DUPLICATE PROVISION.—Section 9(e) of the 
National School Lunch Act (42 U.S.C. 1758(e)), as similarly added 
first by section 324 of the School Lunch and Child Nutrition Amend-
ments of 1986, as contained in Public Law 99-500 (100 Stat. 1783-
361), later by section 324 of the School Lunch and Child Nutrition 
Amendments of 1986, as contained in Public Law 99-591 (100 Stat. 
3341-364), and later by section 4204 of the Child Nutrition Amend-
ments of 1986, as contained in the National Defense Authorization 
Act for Fiscal Year 1987 (Public Law 99-661), is amended to read as 
if only the latest amendment was enacted. 
(b) MISCELLANEOUS TECHNICAL AMENDMENTS.—Section 9 of the 
National School Lunch Act (as amended by sections 101 and 202 of 
this Act and subsection (a) of this section) (42 U.S.C. 1758) is 
amended— 
(1) by striking "family-size" each place it appears and insert-
ing "family size'; and 
(2) in subsection (c)— 
(A) in the first sentence, by striking "School-lunch" and 
inserting "School lunch"; 
* 
(B) in the third sentence, by striking "(49 Stat. 774), as 
amended"; and 
(C) in the fourth sentence, by striking ", as amended," 
each place it appears. 
SEC. 306. MISCELLANEOUS PROVISIONS AND DEFINITIONS. 
(a) EUMINATION OF DUPLICATE PROVISIONS.— 
(1) DEFINITION OF SECRETARY.—Section 12(dX8) of the National 
School Lunch Act (42 U.S.C. 1760(dX8)), as similarly added first 
by section 373(a) of the School Lunch and Child Nutrition 
Amendments of 1986, as contained in Public Law 99-500 (100 
Stat. 1783-369), later by section 373(a) of the School Lunch and 
Child Nutrition Amendments of 1986, as contained in Public 
Law 99-591 (100 Stat. 3341-372), and later by section 4503(a) of 
the Child Nutrition Amendments of 1986, as contained in the 
National Defense Authorization Act for Fiscal Year 1987 (Public 
Law 99-661), is amended to read as if only the latest amend-
ment was enacted. 
(2) USE OF SCHOOL LUNCH FACILITIES FOR ELDERLY PROGRAMS.— 
Section 12(i) of the National School Lunch Act (42 U.S.C. 
176(Ki)), as similarly added first by section 326 of the School 
Lunch and Child Nutrition Amenchnents of 1986, as contained 
in Public Law 99-500 (100 Stat. 1783-361), later by section 326 of 
the School Lunch and Child Nutrition Amendments of 1986, as 
contained m Public Law 99-591 (100 Stat. 3341-365), and later 
by section 4206 of the Child Nutrition Amendments of 1986, as 
contained in the National Defense Authorization Act for Fiscal 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 915 
Year 1987 (Public Law 99-661), is amended to read as if only the 
latest amendment was enacted, 
(b) MISCELLANEOUS TECHNICAL AMENDMENTS.—Section 12 of the 
National School Lunch Act (as amended by subsection (a)) (42 U.S.C. 
1760) is amended— 
(1) in subsection (b), by striking "his" each place it appears 
and inserting "the Secretary's"; 
(2) in paragraph (5) of subsection (d), by striking "Internal 
Revenue Code of 1954" and inserting "Internal Revenue Code of 
1986"; 
(3) in subsection (g), by striking "his" and inserting "per-
sonal"; and 
(4) in subsection (i) (as amended by subsection (aX2))— 
(A) by striking "(42 U.S.C. 1771 et seq.)"; and 
,,; 
(B) by striking "(42 U.S.C. 3001 et seq.)". 
SEC. 307. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. 
Section 13 of the National School Lunch Act (as amended by 
section 102 of this Act) (42 U.S.C. 1761) is amended— 
(1) in subsection (d), by striking "July 1," and inserting 
"July 1"; 
(2) in the third sentence of subsection (f), by striking "pre-
scribed" and inserting "prescribe"; 
(3) in the first sentence of subsection (g), by striking ": Pro-
vided'' and all that follows through "respectively"; and 
(4) in subsection (h)— 
(A) by striking "(7 U.S.C. 1431)"; 
(B) by striking "(7 U.S.C. 612c)"; and 
(C) by striking "(7 U.S.C. 1446a-l)". 
SEC. 308. REPEAL OF OBSOLETE PROVISION RELATING TO TEMPORARY 
EMERGENCY ASSISTANCE. 
Section 13A of the National School Lunch Act (42 U.S.C. 1762) is 
repealed. 
SEC. 
3
0
9
. 
ELECTION 
TO 
RECEIVE 
CASH 
PAYMENTS. 
The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended 
42 USC 1765. 
by inserting before section 16 the following new heading: 
"ELECTION TO RECEIVE CASH PAYMENTS". 
SEC. 
3
1
0
. 
CHILD 
CARE 
FOOD 
PROGRAM. 
(a) MISCELLANEOUS TECHNICAL AMENDMENTS.—Section 17 of the 
National School Lunch Act {as amended by sections 105, 131, and 
204 of this Act) (42 U.S.C. 1766) is amended— 
(1) in subsection (a), by striking "handicapped children" each 
Handicapped 
place it appears and inserting "children with handicaps"; 
persons. 
(2) in the second sentence of subsection (dXl) (as redesignated 
by section 204(1) of this Act), by striking "Internal Revenue 
Code of 1954" and inserting "Internal Revenue Code of 1986"; 
(3) in subsection (f)— 
(A) in paragraph (1), by striking "day-care" and inserting 
"day care"; and 
(B) in subparagraph (B) of paragraph (2), by striking the 
second period; and 
(4) by striking subsection (k) (and redesignating the succeed-
ing subsections accordingly). 
103 STAT. 916 
PUBLIC LAW 101-147—NOV. 10, 1989 
(b) EuBONATiON O
P DupucATE PROVISION.—^Section 17(e) of the 
National School Lunch Act (42 U.S.C. 1766(e)), as similarly amended 
first by section 361 of the School Lunch and Child Nutrition Amend-
ments of 1986, as contained in Public Law 99-500 (100 Stat. 1783-
367), later by section 361 of the School Lunch and Child Nutrition 
Amendments of 1986, as contained in Public Law 99-591 (100 Stat. 
3341-370), and later by section 4401 of the Child Nutrition Amend-
ments of 1986, as contained in the National Defense Authorization 
Act for Fiscal Year 1987 (Public Law 99-661), is amended to read as 
if only the latest amendment was enacted. 
SEC 311. PILOT PROJECTS. 
Section 18 of the National School Lunch Act (42 U.S.C. 1769) (as 
amended by sections 107 and 205 of this Act) is amended— 
(1) by striking subsections (a), 
flt)), 
and (c), and redesignating 
the succeeding subsections accor«iingly; and 
(2) in subsection (a) (as redesignated by paragraph (1))— 
(A) by striking "(42 U.S.C. 1771 et seq.)"; and 
(B) by striking "(42 U.S.C. 1774)". 
SEC 312. GENERAL AMENDMENTS. 
The National School Lunch Act (as otherwise amended by this 
Act) (42 U.S.C. 1751 et seq.) is amended— 
(1) by striking "school-lunch" each place it appears and 
inserting "school lunch"; 
(2) by striking "reduced-price" each place it appears and 
inserting "reduced price"; and 
(3) by striking "special-assistance" each place it appears and 
inserting "special assistance". 
PART B—AMENDMENTS TO THE CHILD 
NUTRITION ACT OF 1966 
SEC. 321. SPECIAL MILK PROGRAM AUTHORIZATION. 
Section 3(a) of the Child Nutrition Act of 1966 (as amended by 
section 211 of this Act) (42 U.S.C. 1772(a)) is amended— 
(1) in the first sentence of paragraph (1), by striking "he" and 
inserting "the Secretary"; 
(2) in paragraph (2), by striking "(42 U.S.C. 1751 et seq.)"; 
(3) in paragraph (4), by striking "he" and inserting "the 
Secretary"; and 
(4) in paragraph (5), by striking "their" and inserting "its". 
SEC 322. SCHOOL BREAKFAST PROGRAM AUTHORIZATION. 
Section 4 of the d^hild Nutrition Act of 1966 (as amended by 
sections 121 and 212 of this Act) (42 U.S.C. 1773) is amended— 
(1) by striking "reduced-price" each place it appears and 
inserting "reduced price"; and 
(2) in paragraph (3) of subsection (b), by striking "(42 U.S.C. 
1766)". 
SEC 323. REGULATIONS. 
42 use 1779. 
The first sentence of section 10 of the Child Nutrition Act of 1966 
(42 U.S.C. 1786) is amended by striking "he" and inserting "the 
Secretary". 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 917 
SEC 324. APPROPRIATIONS FOR ADMINISTRATIVE EXPENSE. 
(a) INSERTION OF SECTION HEADING.—^The Child Nutrition Act of 
1966 (42 U.S.C. 1771 et seq.) is amended by inserting before section 
14 the following heading: 
"APPROPRIATIONS FOR ADMINISTRATIVE EXPENSE". 
(b) HIuMiNATiON OF GENDER-SPECIFIC POSSESSIVE PRONOUN.—Sec-
tion 14 of the Child Nutrition Act of 1966 (42 U.S.C. 1783) is 
amended— 
(1) by striking "is" and inserting "are"; and 
(2) by striking "his" and inserting "the Secretary's". 
SEC 325. MISCELLANEOUS PROVISIONS AND DEFINITIONS. 
Section 15 of the Child Nutrition Act of 1966 (42 U.S.C. 1784) is 
amended— 
(1) in subsection (b), by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and OB), resjwctively; 
(2) by redesignating subsections (a) through (0 as paragraphs 
(1) through (6), respectively; 
(3) in paragraph (3) (as redesignated by paragraph (2) of this 
section), by striking "Internal Revenue Code of 1954" and 
inserting "Internal Revenue Code of 1986"; and 
(4) in paragraph (6) (as red^ignated by paragraph (2) of this 
section)— 
(A) by striking "to be mentally or physically handi- 
Handicapped 
V
, 
capped" and inserting "to have 1 or more mental or phys- 
persons. 
ical handicaps"; and 
(B) by striking "for mentally or physically handicapped" 
and inserting "for individuals with mental or physical 
handicaps". 
SEC 326. SPECIAL SUPPLEMENTAL FOOD PROGRAM. 
(a) ELIMINATION OF DUPLICATE PROVISIONS.— 
(1) STATE ELIGIBILITY FOR WIC FUNDS.—Section 17(cX4) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(c)(4)), as similarly 
amended first by section 342(a) of the School Lunch and Child 
Nutrition Amendments of 1986, as contained in Public Law 99-
591 (100 Stat. 3341-367) and later by section 4302(a) of the Child 
Nutrition Amendments of 1986, as contained in the National 
Defense Authorization Act for Fiscal Year 1987 (Public Law 99-
661), is amended to read as if the later amendment had not been 
enacted. 
(2) BIENNIAL REPORT.—Section 17(dX4) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(d)(4)), as similarly amended first by 
section 343(a) of the School Lunch and Child Nutrition Amend-
ments of 1986, as contained in Public Law 99-591 (100 Stat. 
3341-367) and later by section 4303(a) of the Child Nutrition 
Amendments of 1986, as contained in the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 99-661), is 
. amended to read as if the later amendment had not been 
enacted. 
(b) MISCELLANEOUS TECHNICAL AMENDMENTS.—Section 17 of the 
Child Nutrition Act of 1966 (as amended by sections 123 and 213 of 
this Act and subsection (a) of this section) (42 U.S.C. 1786) is 
amended— 
103 STAT. 918 
PUBLIC LAW 101-147—NOV. 10, 1989 
(1) in paragraph (3) of subsection (c), by striking "section 1304 
of the Food and Agriculture Act of 1977" and inserting "section 
4 of the Agriculture and Consumer Protection Act of 1973"; 
(2) in subsection (d)— 
(A) by moving the margin of paragraph (4) 2 ems to the 
left, so that the left margin of such paragraph is indented 2 
ems and is aligned with the margin of paragraph (3); and 
(B) in paragraph (4), by moving the margins of subpara-
graphs (A) through (C) 2 ems to the left, so that the left 
margin of each such subparagraph is indented 4 ems; 
(3) in subsection (f)— 
(A) in paragraph (8), by striking "persons" each place it 
appears and inserting "individuals"; 
(B) in paragraph (10)— 
(i) by striking "a person" and inserting "an individ-
ual"; 
(ii) by striking "person's" and inserting "individ-
ual's"; and 
(iii) by striking "the person" and inserting "the 
individual"; and 
(C) by moving the margin of paragraph (17) 2 ems to the 
left, so that the left margin of such paragraph is indented 2 
ems and is aligned with the margin of paragraph (16); 
(4) in subsection (m)— 
(A) in subparagraph (B) of paragraph (7), by striking "(7 
U.S.C. 2011 et seq.)"; and 
(B) in subparagraph (A) of paragraph (11), by striking 
"person" and inserting "individual"; and 
(5) in paragraph (1) of subsection (n), by striking "this Act" 
and inserting "the Anti-Drug Abuse Act of 1988". 
SEC. 327. NUTRITION EDUCATION AND TRAINING. 
Section 19 of the Child Nutrition Act of 1966 (as amended by 
sections 124 and 214 of this Act) (42 U.S.C. 1788) is amended— 
(1) in subsection (d)— 
(A) in paragraph (2), by striking the semicolon each place 
it appears and inserting a comma; 
(B) in the first sentence of paragraph (4)— 
(i) by striking "(12 Stat." and all that follows through 
; 
"308)"; and 
(ii) by striking "(26 Stat." and all that follows 
through "328)"; and 
(C) in paragraph (5)— 
(i) by striking "(12 Stat." and all that follows through 
"308)"; and 
(ii) by striking "(26 Stat." and all that follows 
through "328)"; and 
PUBLIC LAW 101-147—NOV. 10, 1989 
103 STAT. 919 
(2) in paragraph (3) of subsection (h)— 
(A) by striking "(12 Stat." and all that follows through 
"308)"; and 
(B) by striking "(26 Stat." and all that follows through 
"328)". 
Approved November 10, 1989. 
LEGISLATIVE HISTORY—H.R. 24 (S. 1484): 
HOUSE REPORTS: No. 101-194 (Comm. on Education and Labor). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
July 31, considered and passed House. 
Aug. 3, S. 1484 considered and passed Senate; H.R. 24, amended, passed in lieu. 
Oct. 10, House concurred in Senate amendment with an amendment. 
Oct. 24, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Nov. 10, Presidential statement.