DOCUMENT RESUME

ED /114 917 EA 007 636

TITLE Compilation of the National School Lunch Act and theChild NutritiOn Act Of 1966 with Related Provisionsof Law and" Authorities` for Commoditie,s DiStribution.Ninety-Third Congress, Secord,Session.

INSTITUTION Congress of the U.S., Washington, D. C. Senate Select.Committee on Nutrition and Human Needs.

B DATE Dec 74N E 39p.A AILABLE FROM Superintendent of:Documenti, U.S. Government Printing

Office, Washington, D.C. 20402 ($0.50)

'EDRS PRICEDESCRIPTORS

ABSTRACT

ME-$0.76 HC-$1.95 Plus Postage*Breakfast Programs; *Federal Legislation; FederalPrograms; *Huilger; *Lunch Programs; *Nutrition

The National Schocl Lunch Act,." enacted in 1946, isthe cornerstone of food delivery legislation that feeds nearly 25million American schoolchildren each day. Since then there have beennumerous new acts and.amendments that have further enlarged the scopeof child nutrition. These' laws are compiled to provide readilyavailable information on the current provisions of .the law for theuw\of members of Congress and their staffs, and for citizensi:Ttereste,c1 in child nutrition legislation. (Author/MLF)

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93d Congress2d Session COMMITTEE PRINT

COMPILVION

U S DEPARTMENT OF HEALTH.EDUCATION a. WELFARENATIONAL INSTITUTE OF.

EDUCATIONTHIS DO( oME NT HAS SEEN REPRODtcFC) f FA( rt s, AS RECEtvF D FROMTHE PERSoN oR ORGAN,ZAT,ON OR,C,NAT,NG it PO.NrS OF VIEW OR oPiNiDNSSTATED DO NOT NE( ESSAR,L.Y REPRESENT OF FICIAL NATIONAL INSTITUTE OFF Duca rION POSITION OR pOiic

OF THE

NATIONAL SCHOOL LUNCH ACTAND

THE CHILD NUTRITION ACT OF 1966WITH

il,ELATED PROVISIONS OF LAWAND

ArmoRrri Es FOR CONINIODITIES DISTRIBUTION

PREPARED BY THE

SELECT COMMITTEE ON NUTRITIONAND HUMAN NEEDS

UNITED STATES SENATE

DECEMBER 1974

Printed for the use of the Select Committee on Nutrition andHuman Needs

U.S. GOVERNMENT PRINTING OFFICE

43.27L WASHINGTON : 1974

For sit'lo by the Superthtonfirut of Doe: lowois. ;over:in:rut Pr Ito tog 011ie°Wa.silingtoil '20.10'2 Prier. 60 cents

2

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c()NINIITTEE ON NUTRITION AND HUMAN NEEDS

GEORGE NI, (;(I1'EliN, S,titli Dakota, C/1(11,171(111

FIEIt \IAN E. T. \1.\1.11/1 ;1'., Goirgla i'II \ ItI,ES II 1.1:Itcy. iiiin1P/111.11' .1. II.11(:I% \Il131g:in \I \ ItI.4,11' 11; iIiii1:. Kiittueliy ---wALTEH, F, wiNI) \LI:. All,,,,,.,0, loosi:Irr !HQ!: 1:mi.-a, ---'-'Ei)wARI) .NT 1:ENNI;111% \13Asai.litisett4 III:NI:1" BEL!. \lii\. (,11,11..ina ,,---(;.\ yLiiiti) NET.s()N. 11'1,,r,lit RICH \ ItIi s s1'II1VI:II:1:11,D.sT11:;-11.1,Al, 1.N iltANS'l (IN, l'Allti,rilla ID,B1.11T 1. wr, Ji, toth)lit BERT II. IIUMPIII11:1, MInn...ta -;.-,

Ki.,,NErii Si III wi,itriti:. Starr Director

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CONTENTS

Foreword, by George Me(overn, ChairmanNational School Lunch Act :

V V

,...peclaration of policy r 4, 1Appropriations authorized TS 1APP"rt illilinffiitS II) Sta teS 4.

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NI/11(1101i aSSIStane ...tDirect Federal expenditures 2l'ayments to States .., 4State dishursement to schools roNutritional awl other program requiremetthr 8Nonprofit pm ate schools 7Spotit! assistance. 8Idiscelkinisitis provisions and definitions 10Special rood service program for children 11Temportir) .inergelicy assistance to provide nutrition, lurid, to tessi

children in schools 11('ommodit v 111,1 ribut ion prognitn_.___ 1::National Joi . isory council -_.._. 1:-,

Child Nutrition Act of mil; :1)I. 1:1 rut 1 . . 1 1 or purpose - - -_ . . _ . 17Spi,..ciill milk program authorization 17School breal:fitst program authorization _ 1"

Apportionnient to Stales __ Is.Stare disbursement to school - I!)Nutrito.lial and other program requirement,. 1Notimolit brit ate schools 2l)

20 eNonfood ii,,istanee progrl iiinhorizati,tiState di-bur,emetit to chook 21Nonprofit private schools_ 21Itesurvi. of funds__ 21

Payment, t o Stiites _.... .Stune admitlistratm. ep.m,esUtilization or rood., :13.Nonprofit programs 2::RegulationsProhibitions.- 23-Preschool programs _ 21Cetitrolization of administration 2.111discellatieous provisions and definitions ., 2.1Accounts and records _ 11Special ,upplemetital food program 2:s

Related provisions or taw:Section 10 National School Lunch and l'hild Nutrition Art Amend.

comes or 11.1;31.111110r41111.11,iVe study of benefits of programs '. ." ". 7

Section -4 :kid or September 211, 1072: --.1dditional miscellaneous provisions 27

Section 7 Act of November 5, 11171 2.1.Authorities for (otionodity distribution:

Section :11 Act of .11igust 2-1, 1935 211,Section 1 .kgriiiilture and Consumer Protection Act of 1117:1 :M.Sect mil .118 A grIcult tind At of 11)-11) 31Section 7)11) Food and Agriculture Art of I ! 1 1 3 3 . _ _ 2:

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FOREWORD

.ks Chairman of the Select ('onitnittee on Nutrition and TrumanNeeds.Needs. I have watOlual with.(rrreat satisfaction thegrowth of legisla-11()11 in tilt' are!:, of nutrition.

'onLrre-s and the Aniej4can people have fesporuied tO-the problemsof 11111121T Nvit h a dedication and commitment unequalled in the urea

soc;11.

National -.chool 1,1inch 'Act triibli( J.av 79 296), enacted Int he ("1.11014("Ite of our food -delivery legislationToday the

School 1.1in1'h Pro(rraiii fcells nearly' 2:1 million .1mrican schoolchil-e:v.11 day. `owe then there havv been numerous fteNV 20:4 Mitt

Unit n11111111' 111111'11 II:IN I' flirt lwr enlarged the scope of child nutrition.Ill PI:, 1. the Spri I'ro(rrion 1111S Wit 1101:1Z011; 1111d. III 19(.11,

ti(, I dm I 10 1,1 i-t()1), 1):1 Ineilt for free and rcilived-pricekN ere 111111o1.;/(sl.

In i'd,;o Ca. Nutrition .tct t I'llhli( 141w t) krought111111 h.'111.' CU' :"c11111.1 I P:11. ProoTaiii. and an expanded ,.(aiceptof wit it Lon for childitu from iiiedy fatiiiihes;Food 114'1';11f1 t f111 alit of *-1'1101/1 Illltl'it11)11 --

11n, 11:thh,11 I. ht 111;rIng fcCiiing IIS 1111-yi It' tO'H:jr:(1/1, 11/1der till' _tit

I.:INN H. enacted ill 19711. ga vo flirt f,r ('1711'lfl(':Itlnll ofthe intent of Con,,re-s that e cry needy child receile U freefi.a: tr-(lured price 11111(.11. and standards \vere biet forth.

)111.111,tt till. 9;211 I11a 01 lici. 1,111v (.1.21,111' '.1.2 15), again :2'3\ -pvcilie direction to the 1)epartment

of .kgriculture part IC(11;111 in the Iv!' of eligibliity:stfind:O.dS 111111roc, 111(.:11: in 1972, it became inn-

perat iv,. for the Cowries to tai;(` action in ( ri, field of child ritand J,:IV' ft.? 1:1:1. approved September 26, 1972 /It iii),r/1,11

ehtlittje the f111111111g 1,111ee1l1111.%4 1.4;1' Serf Intl 1111;111-hre:11; eXtell,11,1 Ha. hreal; fast and special feedit.g pro-gram-, I h!,)11:211 flit 1. iit,reasinv appropriations for both proLvanis to

,tiite= a- ate neci.s-ar\ supplie(ha floor and a ceilin,-4211(lard- for f ree an 1 11.1111c141 price 11111(11e,', 1111.11'11`I'1l Ti'It

a-14:111re -ett11.111 rill. to ,,,.r. pi.,. till.1I )If hnri %:Il111(1 fur cquipmeffi ;Ind the for -4,

to channel :.(1 pe7cent of the apropriatcd funds to no pi.,:..rranischool-,-; e-ave State and local schm)1 rllafhoritio4 thr regril,11,1t..0Imtity COIIIIH't it IVe food service. and instituted a Special Supple-ment II rood l'iwrian, for mot hi.rs and babies at nutritional

In 197:',, funds \\ ll the CttillnItttlItYCOI] It'll t 11O,0 ria11111( Hitt leSt 1111 :-.111

order to insure it con! imam! steady supply of food to the (1omestic.feeding i)rograrns. Also, in 11.173, reimbursement rates were rai4ed

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VI,

for Iiinch and break fact ; eScalator clauses attached to the ('on,mmerPri* Index %veilo added to''guil-ralitee automat ic adjw-.1 lout ;for the Special Pro!YrarnWas expanded; eligibility fur the re-

ice program wa.: increased to 11 percent abo%-p the incomepoverty gilidelini.,;; and Ilie.Special lenient al Food Program Was(.xtviiiled I) in-tire a program duration colp,istent \ 1t I I the original--Congrc,-i3Ona I nia mho

During 1971. the (.m111110(141' 1>istribution Program ext,.mle()for 1' ,,,nr:411,, per meal 101'1'1 of commodity a-sistance increased to

"tu cent.,4 per meal. and made permanent %%itll lilt automatic escalator.\,1,o in 197i. the II)AV reduced-price program %vas made per-

nianeret ; the alithoritat ion for nonfood in.isiAalice %%..as increa,ed ; and,the aNOropriiaion fin- t he -4pecial Supplennlital Food Program %vas+expand'd.

In Ii:ht of the nurnerou: anirtidniptitg to biril nutrition li,,Hationin ro.clit \eal4. I tlioligbt it %%mild be useful' to update and compilethcjt 1:1%%,:\fir the a

NATIONAL SCHOOL LUNCH ACTAN ACT To provide assistance to the States In the establishment. maintenance,

operation, and expansion of schoollunch programs, and for other purposes

Br it enacted by the Senate and Mime of Representatives of theI nits d States of Arne rica in Con(' fess assent) led, That this Act maybe cited as the "National School Lunch Act."

n1i.1.a.vrioN cir roLicy

u. . It is hereby declared to he the policy of Congttess, as a mens-mt of national security, to safeguard t lie heal t li and well-behig of t heNat11)115 P1)11(111.11 (111(1 to encourage t he dottiest is consuropt ion of nut ti-t imis agricultural cmtimodities 111111 0111er fond, by assisting the States,through grants-in-aid gni) other means, in providing an nileijuato sup-ply of foods arid other _facilities for be establishment, maintenance,operation, and expan-sion of nonprofit school-lunch programs.

A tq'ttomat.vrto:cmf.tuTtlonizri)

Sf 1', .2 For each fiscal year there is hereby authorized to be appro-prated, out of money in the Treasury not lit lierw Ise appropriated,such slims i5 11111V he 111`1'0S111*V to enable the Secretary of .1griculture

hereina fter referred t(i as "1 he Secretary") to carry out t he provisionsof this .krt, other than "seetion 13". . ppropriat ions to carry out theproxi-ions of this Act anti of the thild Nutrition .\ct Of HMG for any

% ear are authorized to heniade, venr iii advance of the beginningt he fiscal year in %% hich the funds w ill become available for disburse-

ment to the States. Not 1\ ithstathling any other provision of law, anyfunds appropriated to carry out the provisions of such Arts shall re-main available for the purposes of the Act for which apprOpiateduntil expended.

l'IPORT1( M E N TS To STATEN

St c. The stuns appropriated for any fiscal year juirsmint to theauthorization contained in section 3 of this Act, exeluding the sumspecified in section 5, shall he available to the Secretary for supplyingagricultural commodities arid other food for the prognm in aecord-a nee with the provisions of this Act. For each fiscal year the Secretarynui make food assistance payments, at such times as he may deter-mine, from the sums appropriated therefor, to each State educational

1.nw 711 3911.110 14tn1 230)4, 1 wn. nniemled ht Vublb. 1.nw 't7 1021. 79 Mtn( 944 nflr.rnt,..1 Oct I3 1997 further

nifl,q1,11,1 by Publle 1,4M 99 )42 rilnl 117. npprorn,1 Stay k. 1990 In Indude the runt..f new .er 13 111 well n...er 11 '(i.e 11 wan Olen deleted by l'oblle 1.41w 93 129.404

I ti t 2%7 n itprOved .1111)0 :11) 11)74 Final Iwo tenleneeo weer ndtled by Public 1.nw PI 240,s4 Slat :1)7, approved Shy 14. 1971)

s.r 4 yen,' nmentled by the net t (let. 11. inn Nam, Law 07 1423, 70 Stilt. 044.tmrndrd further by Public 1.1133, 80 Stilt. 724, npprored Sept. 20, 1072.

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agency, in a total arnount equal to t result obtained bY multiplyingthe number of lunches (consisting of a combination of foods whadimeet the minimum, nutritional requirements iI prescribed by the Secre--

Jury Jindt.r subsection 9(a) of this Act) sorve«luring such fiscal year- to iirildr in schools in such State, which .participate in the se)ioollunch pro 'ram under this Act under agreements with such Stateeducation. 1 agency, by a national average payment per hatch farsuch Esc year determined by the Secretary be necessary to carryout the urposes of this Act : P rat. ided, That in any fiscal }`ear suchnational average payment shall not be less than 11) cents per lunch andthat the aggregate amount of the food assistance payments made bythe Secretary to each State educational agency for any fiscal Feat shallnot be less than the amount of the payments made by the State agencyto participating schools within-the State-for the fiscal year endingJune 30, 19 72, to carry out the purposes of this section-4..

NON Poop A SSISTA NCE

SF:('. 5.5 Of the sums appropriated 'for any fiscal year pursuant to theauthorization contained in section 3 of the Act, $1 0.000,0no shall beavailable to the Secretary for the put-pose of providing., during suchfiscal year, nonfood assistance for tlw school-lunch program parsinintto the provisions of this Act. The Secretary shall apportion among- theStates (hiring each fiscal year the a foresail sum of $10.000.non and slickapportionerient anion-0. the States shall be on the basis of the factors, andin accordance with the standards set- forth in section 4 with respect tothe apportionment for agricultural commodities and other fool:.

ttEr-r yEnrnAt. EXPENDITUTIFS

Sri'. (1."(a)1 The funds provided by appropriation or transfer fromother twi.mints refr any fiscal yea r for carrying out t he Provisions of t hisAct. and for carrying out the provisions of the Child Nutrition Actof 19(1(1, other' than sect ion 3 thereof, less

(1) not to exceed 31.1,, per rentnm thereof which per cent urnis hereby made available fo the,Secretary for his admini,t rat ivyexpenses under this Act and um,ler the Child Nutrition Art of1 966:

(2) the amount apportioned by him pursuant to sections 49 nodf of_ this Act and the amount appropriated pursinint to sections11 and 1 of this Act and- ections 4, 5 and 7 of the Child Null ri-ion Act of 1 96(1: and

(3) not to exceed 1 per centum of the funds provided forcarrying out the programs under this Act and the programsunder the Child Nutrition Act of 1t)((3. other than section 3,which per centhm is hereby made available to the Secretary tosupplement the nutritional benefits of these programs through

*TMs nmotint urn. Inerennnd by Plibiir 1.nw 93 15(1, 47 Sint. 599. npOroved N.,,Ibbnr7, 1971

a 4., i wit. nmonlod by I'nbIle 1.nw 47 421 7n Slot a tr;goo nor in4 hi, .%, of 1919 1,,,W '41 ono n't Mtn) (n'. I op

pr,,r,d Or) 31. 1949 nufbrlilnir filo lino of flu. non -Iron nod rwilltin. or rommoditv Cndlte"rpornilon eirrvInv oft pr.grnoin nodor nor. (I INnill! 'rho norporn ion (inn ninon

and Ito rnnettonn trnn.fnrrodTic toit oololoollon (1) WOO donIgnalod no ouch by Public Lnw 93 13, 117 Sint. D,approved March 30, 1973.

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grants to States and other means for nutritional training andeducation for workers, cooperators, and part icipants. in these pro-grams and for necessary surveys and studies of requirements forfood service programs in f ti11'.IP Illare of the purposes expressedinsection 2 of this 4t and section 2 of the Child Nutrition Artof 1966, ,.

shall he available to the Secretary (hiing such year for direct ex-penditure by him for agricultural commodities and other foods ti.) bedistributhd among the States and schools and svxviry instinitiiiiispaticiffting in the food service programs limier this-Act and undorthe ( iiild Nut ri ion Arra 1966 in apcordanee wit hjlie needs as deter-1\!Mood by the 101.11:4(4mo] and service institution anthurities."The po-visions of law contained in the proviso,of the Art of June 2'+, 1937

i :01 Stat. 323 I. facilitating ()perm ions with respect tothe purchase ;IA

disposition of surplus agricultural commodities under section :12 of the

At approved August 2.1. 1935 (49 Stat. 77.1), as amendrd, shall, tothe extent. not inconsistent with the provisions of this ,curt, also beapplicable, to ex-penditures of funds by the Secretary und(4. this Act.

(b) 9 As of February 15 of each fiscal year, tiiip Secretary shall make

an estimate of the value of agricult anal commodities and other foods.that will he deliKered during that fiscal yeAr to States for school food

,

service programs under the provisions oNthis section, section 416of the Agricultural Act. of 1949, arid section 32 of the Art of Ajignst

21, 1935. If sisi3O estimated value is loss than .9O per cent urnof the value

of such deliveNw initially programed for that fiscal year, the Secre-tary shall pay In State eibicational agenciet:Ay not later than March15 of that fiscal year, an amount of funds that is equal to the diferencebetween the value of such deliveries initially programed for such fiscal

year and the estimated value as of February 15 Of such fiscal year ofthe commodities and other foods to be delivered in such fiscal year,The share of such funds to be paid to each State educational agencyshall hear the same ratio to the total of such payment to all suchagencies as t he number of meals served under the oyisions of sect ion9(:1 i of this Act and section 4(e) 9,f the Child Nutrition Act of 1966during the preceding fiscal year dreary to the total of all such murals

State in which the Secretary d' vctly administers school food service,served in all the States during si li fiscal year: Propi,le,/, That, in any

programs irt t he nonprofit p7ite schools of such State, the Secretaryshall withhold from the fil 1.1 to be paid to any such State under theprovisions of this subsectifiv ten amount that bears t he same ratio to t heIotal of such payment as the number of meal:: served in nonprofitpri ate gC11001S 1111(11T f he provisions of section 9(a) of this Act andsection 4 (e) of the Child Nutrition Art of 1966 during that fiscal yearbears to the total of such meals served in all the schools in such Statein .uch liseal year. Each State educational agenev, and till' Secretaryin t he case of nonprofit private schools; in which lie directly adniinisteschool food service programs, shall promptly and equitably distill!. 13such funds to schools participating in the lunch and hreidt fast p

1. grams under this Act and the Child Nutrition Art of 1160.1m such

hip NiniPrIPP wog 411111(1ml by Public I,n w 91 214, 41 iitat 109 nventrd N1ny 14 .1070,D 1 t hl, 1r1 (41 %VD.' 11111"9,1141 Law 113 1..n 47 vl If ..119 Approrml

nin.

N.!. 7 V/771. Thew, thrp., wifeaPrtl,mn wire fir(4 alltlpfl 1.117._11.3 13, Si Sint. 1),niii,r,,v,81 March 10. 1973 to provldh f.r 0acn1 ypnr 1973.

43 279 -7 2

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disbursements shall be used by such schools to obtain agriculturalcommodities and other foods for their food service program. Suchfood shall be limited to the requirements ,for lunches and breakfastsfor children as provided for in the regulations by the Department ofAgriculture under title 7, subtitle (b), chapter II, subchapter !a).parts 210 and 220.

(e) Not withstanding any other provision of law, the Secretary,until such time as a supplemental appropriation may provide addi-tional fluids for the purpose of subseetion_kb) of this section, shall usefunds apri7c7F:ated iy section 32 of the Act of August 24, 1935 (7

(il2e) to ma any payments to States authorized inh.r suchsubsection. Any section 32 funds utilized to make such payments shallis' reimbursed out of any supplemental appropriation hereafterenacted for the purpo4e of carrying out subsection (b) of this sectionand such reimbursement shall he polite(' into the fund establishedpursuant to section 32 of tin' Act of August 2,1, 1935, to be available forthe purposes of said section 32.

(d) Any funds made available miler subsection (h) or (c) of thissection shall not. be subject to the State matching provisions of sect ion7 of this Act./

(e) 1" For the fiscal year endinktime 30, 1975. and subsequent fiscalyears, the national average value of donated foods, or cash paymentsin lieu thereof, shall not be less than 10 cents per lunch, and thatamount shall be adjusted on an annual basis each fiscal year afterJune 3a, 1975. to reflect changes in the series for food away fromhome of the Consumer Price Index published hy the Bureau a LaborStatistics of the Department of Labor. Such adjustment. shall be com-puted to the nearest one-fourth cent. A mong.those commodities deliv-ered tinder this section, the Secretary shall give special emphasis tohigh protein foods. meat, and meat alternates.

P.% l' If N T8 To 8T.Y1'E14

Sri.. 7. Funds apportioned to any State pursuant to section 1 or 5dicta's any fiscal year shall be available for paynrent to such Stinefor disbursement by the State educational agency, in accordance withsuch iirreements not inconsistent with the provisions of this . ct. a.:inav In' entered into by the Secretary and such Slate educationalagency. for the purpose of assisting schools of that State during suchfiscal year, in supply ing r 1 ) agricultural commodities and other foodsfor consumption by children and 12) 'imam() as,istiance in further-ance of the .4chnol lunch program aiithorized under this .1ct. Snellpayments to any State in any fiscal yi ar shall be made upon r'onditlairt hat each dollar thereof will lie matched during such year from sourceswithin the State determined by the SeCITIIII'V Ic> 1111Vel)(P11 VNIWII(11'd iiiconnection with the school-hincli program under this Art. .lnd for anyfiscal year after NW."). pi>vtnents shall be made 1111011 C011(1111011I limit 0111-11 11011111* %I1)] In' 80 'matched by $3. In the of any Statewhose per capita income is less, than the per capita income of the

State-, the matching required for any fiscal sear shall bedecreased by the percentage which the State Lier capita income is belowt he per capita income of t I 'ilited St ales. For the [mrpose of deter-

0 Thin aubaectIon wag added by Public Law 03 326, 88 Atilt. 286, approved June 30, 107.1,

10=

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mining %vlit,t her t litynnat,..iiing requirement. of this-section and sect ion10, respectively, have been met. the reri.onali1e value Of do /rated seri.-i('es, 8)4)111i-es, inci I it ley; and equipment ns rert tried, respept.ively. 1,y theState eductitionnl agency told in case Of .chools: receiving funds pur-suant to s(etion 10, by such ,('hoots (but not the east or i.alite of land,of the ffififinsition, conI flirt IIIII, 01' alteration of buildings Of com-mo(Iities donated hy the Sl'l'Ill 11 ry. 01' of Federal contribution), maybe reo-arded a. funds 114011 sour*)'. ii it hill the ;tote expended in con-neetion kith the school 1111011 progrum. For I11)' fiscal Fear beginning-July I. 1072. Stnte revenue ( other 1111111 revenues derived from 1 he pro-

. griim ) liipropriatvd or III 11174(1 :-.1)1.1111.11Ily for program purpose-4'other 111:11 ,a'nt'i)'-. and :1111066.1 rid ive expenses at the State, nsdi..t iligai-liaeil from local level) shall constitute at I( .1 per c)'ritumof the out bier requirement. for the preeeiline fi.cal vear: for c1,11of 1 he t iA o -11('rvvilinir 11,:e111 1 l.;11'-. it )(114 1; 1)1 1' 1:4111 11111 of the ill:tt('hing-

1,411411,1mill Im. ti'll 1)114'41111'r fiscal u.nr: for each of the st111-(.(luentt%%( fi-c,11 % eat -: :11 least', per centuni of the nialcliiii, requirement f (9-1 (n' p1ece11111:z ti-,:ll .111: and for each fi-x a1 eat' thereafter. at leastIo per cention of the itiatchine- lei itircnient for the preceding fis..tfvear. '. The 'trite revenue- mat . ilable purnant to the preceding.(10,,,,,,. .4,:,(1 ill' c1.1.1,11, -t.,( t(1 ...clifiln . 10 the P111411 1 Ill' St:111' tirt`1111)tAct ic.thit.. 111 ,Ilvil 111/111111'1. Hilt ('Acii "4'11001 /041.; ye.: lily .7'd1111it. 1)/010y-

1 10:',111(' -hall' of such re% 011,11(,, n, it I'Vel'IVv, of the funds apportionedto the State for the slime vear tinder sect ion- I and 11 or the Nat 'mods,hool 1,1111,11 .\ t and sections 1 and :") if the (110,1 Nutrition .\ etof 1 910:1'he Secretary .11:111 cell if v to the Secretary of the Treasuryfrom time to till)' the 1111011rats 10 he 1011(1 t0 11111' Shit(' 1111(1)'1 1 111.*.iev-t Ion and the time ot t imes -1111) amounts are to be paid: and 1 he Se,re-tay (if the I'reasury shall 1)1y to the Stide :11 the time or time. fi\edI . t he :4cci et :Iry t he amounts so certifie(1,

S VI 4..,1)1,111 Es) 1,11,V1 C11040.

SFr. k. F1111(1,1 1)11111 to :111 1' St e (111644 Wily fisen1 year pursunnt tosect ions .1 and s111111 be dilnir-in ti-reiState educat-ional ngency11(.'ce,1111111(1' tt II .11,11 agreement. :1 pi wove() by t111 Seccetnry May I as

entered into bv...11c11 Slate agent.% and tIn ,)'hull, in the Slide, to.,1,4,1- in the Shltt, 11111 the Shit(' )'11110411 1011111 llgylity. 1:11d11:: into11 111111! 1.114.11 and :Mend:Incl. net )'Alin'`. are eligible to pnrticipate inthe school 11111,11 1)110'1'11111, Stich (11.411111,;(1111'llt 10 any when' -111111 be

1: :1 11' only for the purpose of asst - 'lug it to finance till` I14;1111-.1114: 11V114 11It 11131 c01111110(111 and 01 111`1' foods for consumption by

'eloblicii in the school U'ni't' pogrniii (Ind nonfood assistance in )'1111-1)(cl11111 %%1111 progrnin. S111'11 food 1'0`41.4 111:1y 111111.1(11'. Ill :1111.1111011

in 1L, 1.1111',111.q. 111;114. o f 11THIlt111.111 (.011111101111IP4 :11111 01111'1' f0011`. Ha.

Cr/St Irf poce.siti,t.,:, distributing, tnnspoting. storing, or letnillitezthereof. In no event (1k1)111,:tt01.11t 11' food /1111" schoolfor ally year exceed 011 ninount determined 11y multipl till'11111111)er of lunches served in the school in the school-111114.h progrniiiittider t11i. .krt durint.r. such year by the /1111X111111111 Feder:11 food costcontribution rnte for the Study, for the t pe of 1111011 senell, Its pre-

Thi, ntitt n. wn. n(1,1,41 to PliblIr T.nsv 91 214 cl cent 204 n pprov \Inv 14 Vi711.rtireber amended by Public Law 92-4:1.1. 411 Slat. 71:1. approved $01)1. 20. 19; 2

11

fi

SITibed by the SeerellirT. In MIN' fiscal year in tyllich the fintioDalaverage payment, porItincli iletormintid sootion is 111(.11,11,Pdabove the antourrt preseribed in the previous fiscal year, the maxi,niumFederal food-cost rout ilipt ion rate, for t he type of Itmeh seod, shallIx' incroasoil by a. blip amount." f,tinll assistance disbursement' to'schools under thiy section and under section 11 of this ,art 11111%' bonulrle in advance or by wily of reimbursement in arcordance withl)roretlures prescribed by the Speretary.

titTRITION L AND 0T1119 l'1101111.% It 12F.C,21.11Unt ENTS

St-f. 9." (II) TAInelles screed liv seilook; part iripat ing in the school-lunch program tinder t hiso .krt shall meet minimum nutritional I-minim-mews prescribed by the Secretary on the hitsis of temted nutritionalresearch; except that such rnininunn nutritional requirements shallnot be (-mist nted to prohibit t he subst it lit ion Of foods to nevolnino(late,the ntellical or other special thetary needs of individual students."

bl The Secretary, not later than \fay 1:") Of 1'11(.11 CP.41111 .\'1.11.r:sliallprtt;sciil, an income 'invert y guideline ifting forth ;income levels byfaintly size for Hsi, in the subseqtient fiscal venr, and suchshall not suhsequently be reduced hi he effective in shell1.1`4411I soar. Any vliiht who is a member of it household which has anannual incoriti, not move the applicahle fluidly Mize income level set.forth in the income fort ',my 4,11 i del i I) reSe ri bed by the SeVret111V `111111lie ,ierVeil 11, free 11111(.11. hollowing the annnlinrelnynt sen'tarYof the income poverty gitideline %-enr eaell'State 'educa-tional llgeney slulll preSeribe the income guidelines, hy faniily size,to he ued by schools in the State during suell fiscal year in maltingeloproiiwo imp: of t hose childroo eligilde fora free lunch. The incomefilidelines for free hunches to) 1)1) pro.s4.111441 onoi) shoo) voillent

1,t lo,, tthein the olioille poterty pescrihed ht. the Secretary and Mallnot h more than 2.) Ver 41'111411n illo)Ve 1111.18.

State eillIcilti4/1111111'elleV hall also poscrilioby family In he used h school:: in the .Siate

zlf i ni ,011111,1.1i,,1 .111: .111,11'111i:10;1;11101: (11 .211::.::!( 111,11. I li an

4c!if9)1 vlect44 1() ,erVe redlleed lot Ire 11111. lio-, SM.)) 111')1111' !f111(11.1111('811)1 p1.111` 111111111- .111111 le 1)11./'111(.1 :It 11(,t 1101)11' 1111111 :ill IWI41111111 111")" Appli hit, io.,,(.12, ill the Militia)

prs,.ribed by III,' SiOr(1;11.Y. X1114 that any localpi)! income rii liiinr. for fire or reduce() price

%% 111111 ey.eerl t111)... i II or,erl hy t!11,; continue

j,0,111 ,11(0)1 :tu-tu 11,1' Ir.!I triodelines for-dot erfnifillPe1,1111,IIllv wild '114 I, 11)71, ifvtcr,, 101101 hi :1111vttjur,t ;i101--iffildirly annutmcv ti II 110)111e guidelines all or almathe of sHiuu1 curl' !mike de11.1111111111100118so if It it peil to I he annual Miitia-4 of ant household solel on the oasisof a - tat(nlent executed in stall 11,i t he Spc,rptay may pre?-ieribp by

*olenre wan added by Public Lnw 1*.o, 47 Mtn? 500, approved Norrrober 7,197

%TT n.ir,t liV rtfhlie 1.nir of 2)4 4) VI.,( rurther n left 1ot 1,qw !I.! 151,114 approied Nor 5. 1971. and hy l'oblIc 1.1w :12 1 %It :liquoredSer,l 102

1 ar(Ttlen added by runic Law 90 302, 42 Stat. 117, appror,o1 Mny 9 long.

7

an adult member of such household. No physical segregation of or other'discrimination against any childeligible for a free lunch or a reduced-price luhch shall be made by the school nor shall there be any overtidentification of any such child by special token or tickets, announcedor published lists of names, or 6iy other means.i'5 Provided further,That,. beginning with the fiscal year ending June 30, 1974," Stateeducational agencies are authorized to establish income guidelines forreditced price lunches at not more than 75 pep centinn above theapplicable family size income, levels in the income poverty guidelinesas prescribed by the Secretary.

(c) School-lunch programs under this Act shall be operated on anonprofit basis. Each school shall, insofar as practicable, utilize in itslunch program commodities designated from time to time by the Sec-retary as being in abundance, either nationally fir in the school area,or commodities donated by the Secretary. Commodities purchasedunder the authority of section 32 of the Act of August 24, 1935 (49Stat. 774), as amended, may be donated by the Secretary to schools,in accordance, with the needs as determined by local school authorities,for utilization in the school-lunch program under this Act as well asto other schools carrying out nonprofit school-lunch programs and in-

' stitutions authorized 'to receive such commodities. The Secretary isauthorized to prescribe terms and conditions respecting the. use ofcommodities donated under such section 32, under section 416 of the

4Agricultural Act of 1949, as amended, and under section .709' of theFood and Agriculture Act of 1965, as amended, as will maximize thenutritional and financial contributions of such donated commoditiesin such schools and institutions. The requirements of this section re-lating to the service of meals without cost or at a reduced cost shallapply to the lunch program of any school utilizing commodities do-nated under any of the provisions of law referred to in the precedingsentence. None of the requirement§ of this section in respect to theamount for "reduced cost" meals and to eligibility for meals-withoutcost shall apply to nonprofit private schools which participate in the.school lunch program hinder this Act-until such time as the State edu-cational agency, or ih the case of such schools which participate underthe provisionS.of section 10 of this .Act the Secretary certifies that suf-ficient funds frtim sources other than children's payments are avail-

.' able to. cable such schools to meet these requirements.

NONPROFIT PRIVATE SCHOOLS

SEC. 10. If, in any State, the State educational agency is not permit-ted by law to disburse the funds paid to it under this Act to nonprofitpfivate schools'in the State, or is not permitted by law to match Fed-eral funds made a'f-ailable for use by such nonprofit private schools,the Secretary shall withhold from the funds apportioned to any suchState under sections 4 and 5 of this Act an amount which bears thesame ratio to such funds as the number of lunches, consisting of a coin- \.bination of foods and meeting the minimum requirements prescribed \by the Secretary pursuant to section 9, served in the fiscal year begin-ning two years immediately prior to the fiscal year for which the Fed-

16 This sentence was addti6 by Public Law 93-150, 87 Stat. 860, approved Nov. 7. 1973.17 This provision was extended, by Pub4griLaw 93-326, 88 Stat. 286, approved June 30,

1974.

13

(.4

:11

8

,eral funds are appropriated by all nonprofit private schools partici-pating in the program under this Act within the State, as determinedby the Secretary, bears to the participation rate for the State." TheSecretary shall disburse the funds so withheld directly to the non-profit private schools within said State for the same purposes and sub-ject to the same conditions as are authorized or required with respectto the disbursement to schools within the State by the State educa-ional agency, including the requirement that any such payment orpayments shall be matched, in the proportion specified in section 7 forsuch State, by funds from sources within the State expended by non-profit private schools within the State participating in the school-lunch program under this Act. Such funds shall not be considered apart of the funds constituting .the matching funds under the terms ofsection 7:19 Provided, Beginning with the fiscal year ending June 30,1974, the Secretary shall make payments from the stuns appropriatedfor any Jisca.1 rear for the. purposes of sectiOn 4 'and section 11 " ofthis Act directly. to the nonprofit private schools in such State for thesame, purposes and subject to the same conditions as are authorizaor required under this Act with respect to the pbursements by theState educational agencies.

SPECIAL ASSISTANCE

Si:'. 11.21(a) Except as provided in section 10 of this-Act., in eachfiscal year each State educational agency shall receive special-assist-

.anc payments in an amount equal to the sum of the product obtainedby multiplying Hie number of lunches (consisting of a combination offoods which meet the minimum nutritional requirements prescribedby the Secretary pursuant to subsection 9(a) of this Act) served freeto children eligible for such lunches in schools within that State dur-ing such fiscal year by the.special-assistance factor for the free lunchesprescribed by6the Secretary for such fiscal year and the product ob-tained by multiplying.the number of lunches served at a reduced priceto children eligible for such reduced-price lunches in schools withinthat State during such fiscal year by the special-assistance factor forreduced-price lunches prescribed by the Secretary for such fiscal year.Foi*lie fiscal year beginning July 1, 1973, the Secretary shall proscribea special-assistance factor for free lunches of not less than 5 centsand a special-assistance factor for reduedLpricq lunches which shallbe 10 cents less than the special-assistance factor for free. lunches.The Secretary shall prescribe on July 1 of eachsliscal year, and on;January 1, of each fiscal year, semiannual adjustments in the national'average rates. for lunches served under-section 4 of the National SchoolLunch :;het

Onthe special-assistance factor for the lunches served

tinder s( -On 11 of the National,.School Lunch Act, and the national

Provisions of this sentence sobstitoted for the previous provisions by the Aet nt Oet, 15,19:12 Itoddl Law s7- s23 76 Stat. 945. Further amended by Fiddle Law 91 -24S, s4 Stat.20s. approved May 14, 1970.

to Amended by Public Law 92-433, RR Stat. 724, approved Sept, 29, 1972, to reviseromfing for nonprofit private schools lunch programs to eontorat with the new perform-:4:3H, funding provided or in the school much progract for publie schools.

1m:oted by POOP' Law 93 150, s7 Stat, :UPI, approved Nov. 7, 1973.ySee. II was a 111111aeli by in,ertine neW suhserttons (h), and (: and redesign:Of ng

so Ise:ulnas (g) and (10 as 1:14 and (e1 by Public Law 93 150. S7 Stat. 560. annrovedNov. 7, I973, New subSertions h1 and (el were Inserted by Public Law 78-823;76 Stat.94a, amended by Public Law 91--24S, S4 Stab 211, approved May 14, OM

14

9

average rates for breakfasts served under section 4 of t lie Child Nutri-tion Act of 1966, as amended, that shall reflect changes in the cost ofoperating a. school lunch and breakfast program under these Acts, asindicated by the change in the series for food away from home of theConsumer Price Index published by the Bureau of Labor Statisticsof the Department of Labor: Provided, That the initial such adjust-ment shall reflect the change in the series for food away from home(hiring the period September 1973, through November 1973: Providedfurther, That each subsequent adjustment shall reflect the changes inthe series for food away from home for the most recent six-monthperiod for which such data are available: Provided further, That suchadjustments shall be computed to the nearest one-fourth cent. Not-withstanding the foregoing- two sentences, (1) for the fiscal yearbeginning July 1, 1973, no special assistance factor under this section11 shall, for any State, be less than the average reimbursement paidfor each free lunch (in the case of the special assistance factor for freelunches), or for each reduced price lunch (in the case of the specialassistance factor for reduced price lunches), in such State under thissection in the fiscal year beginning July 1, 1972; and (2) adjustmentsrequired by the sentence immediately.preceding this sentence shall bebased on the special assistance factors for the fiscal year beginningJuly 1, 1973, as determined without regard to any increase required bythe application of this sentence.

( b) Except as provided in section 10 of the Child Nutrition Actof I966, I he special-assistance payments made to each State agencyduring each fiscal year wider the provisions of this section shall beused by such State, agency to assist schools of that State in financingthe cost of providing free and reduced-price lunches,served to chil-dren pursuant to subsection 9(b) of this Act. The amount of suchspecial assistance funds that a school shall from time to time receive,within a maximum per lunch amount established by the Secretaryfor all States, shall be based on the need of the school for such specialassistance,. Such maximIlIn rW 11111011 amounts established by the Sec-retary shall not be less than 60 cents.

() Special assistance payments to any State under this sectionslm II be made as provided in the last sentence of section 7 of this Act.

(d) In carrying out this section, the terms and coedit ions governingthe operation of the school lunch program set forth in other sections ofthis Act, including those applicable to funds apportioned or paidpursuant to section 4 or 5 but excluding the provisions of section 7relating- to matching, shall be applicable to the extent they are notinconsistent with the express 'requirements of this section.

(e) (1) Not later than January 1 of each year, each State -educa-tional agency shall submit tO the Secretary, for approval by him as aprerequisite to receipt of Federal funds or any commodities donatedby the Secretary for use in programs under this Act and the ChildNutrition Act of 1966, a State plan of child nutrition operations forthe following fiscal year, which shall include, as a minimum, a descrip-tion of the manner in .which the State educational agency proposes(A) to use the funds provided under this Act and funds from sources.within the State to fignish a free or reduced-price lunch to everyneedy child in accordance with the provisions of section 9; (B) to ex-

15

10

tend the school-lunch program under this Act to every school withinthe State, and ((') to use the funds proided under section 13 of thisAct and section t of the Child Nutrition Act of NO; and funds fromsources within' th6 State to the maximum extent practicable to reach`\needy children.

(2,) Each school participatingin the school-lunch program underthis Act shall report each mint -It to its State Murat ional agency theaverage .number of children in the school who received free lunchesand trie'average number of children who received reduced price lunchesduring the immediately preceding month. Each participating schoolshall provide an estimate. as of October 1 and March 1 of each year,of the number of children who are eligible for a free or reduced price11111(.11. ti

(3) The State educational agency of each State shall report to theSecretary each month thi average 11111111We of children in the State whoreceived free lunches and the average number of children in the Statewho received reduced price Mulches (Turing the immediately preceding,mom 11..F.ach State edueational'agency shall provide an estimate as ofOctober 1 and 'Al:troll 1 of each year, of the number of children who areeligible for a free or reduced price lunch.

MI5CRLLANF,01.'iz, PiloVISIONS AND DEFIN-17110-NS

SEC. 1'2.22 (a) States, Stale educational agencies, and schools par-ticipating in the school-lunch program under this Act shall keep suchaccounts and records as may be necessary to enable the Secretary todetermine whether the provisions of this Act are being complied with.Such accounts and records shall at all times he available for inspectionand audit by representatives of the Secretary and shall he preservedfor such period of time, not in excess of live years, as the Secretarydetermines is necessary.

(b) The Secretary shall incorporate, in his agreements with theSuite educational agencies, the express requirements under this Actwith respect to the operation of the school-lunch program under thisAct insofar as they may be applicable and such other provisions as,in his opinion are reasonably necessary or appropriate to effectuatethe purpose of this Act.

(c) In carrying out the provisions of this Act, neither the Secretarynor the State shall impose any requirement with respect to teachingpersonnel, curriculum, instruction, methods of instruction, and nde,rials of instruction in any school.

(d) For the purposes of this Act(1) "State" means any of the fifty States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,Guam. A meriean Samoa.

(2) "State educational agency" means. as the State legislature'may determine, (A) the chief State school officer (such as theState Superintendent of public instruction, commissioner of

441twation, or similar officer), or (B) a board of education con-

. f °This Rev. wan previouniv see. 11. Subnections (d) (1) through (4) were amended, andsubsections (d) (5) and Oh added, by the act of Oct. 15, 1002, Public Law 87-823, 76Stat. 945.

S

s

11

triltfing 11w State department of education except that in theDistct of Columbia it shall mean the Board of Education.

(3) Niq.N0111/1"011t Srli0014. 1111.1)11S ;IN.% 1)1'i Val(' school

exempt fiqvul income tax under section .i(11(c ) (3) of the InternalRevenue (`(alv.of 195 I.

) Nl)11f0114 )10\;1!).... .111111,110 10 I1 Ord I,tin storing, preou'ing. or set.% ing food for school children.

.1) 23 "I)nrt iej Pat 1011 rate" far St ate means a nimilwr equal tothe number of hinclics,,consisting of a conihination of foods andineeting the minimum requirements prescrilie41 II% the Serretar%pursuant to section 9, syrved in the fiscal year be ginning t fro yearsimmediately prior to the fiscal year for which the 14.0(1c1,11 fundsare appropriated by schools participating in the program widerthis Act in the State, as determined by the Secretary.

((;) "Assistance need (..1.) ill the c:14. of ;111V ;":)tale havingan average annual per capita income equal to or greater t han t heaverage annual per capita income for all the States. shall he and11-3) in the case of any Stati 11/1Villcr :01 11V(Tge 111111111 per capitaincome less than the Average annual per capita income for all theStates, shall be the product of 5 and the quotient obtained !iv di-viding the average annual per capita income .for t he Statesby t he average annual per capita income for till the States h theaverage annual per capita income for such State. except that suchproduct may not exceed I) for any such State. For the purposesof this paragraph the average animal per capita inrin»0 forany State and for all the States shall he (1001'1111111'11 14V III() Sel'IV-1411')' on the basis of the average 11111111111 1)(41' C111)411 111111111V fat' 1.:1111

St1lti 1111(1 for ;ill the States for the throe most recent years forwhich such data are availa.ble and certified to the Secretory by theI)epartment of ('ommerce.

(7) "School" 'means any public or nonprofit private school ofhigh school grade or under and, with i'espet to Puerto Rico, shallalso include nonprofit child -rare renters certified as such h theGovernor of Puerto Rico.

SPECIAL 11)01) SEM ICE 1)1 Fill: 111111)1W\

SEc. 13." (ii) is hereby authorized to be appropriated suchsums as are necessary for each of the iise:11 years ending June 30, 1073,June 30, 197-1. atukIiine 30. 197.). to enable the Secretary to forimilateand curry out a program to assist States through grants-in-aid andother means, to initiate. maintain, or expand nonprofit r0(,(1 s(1, ireprograms for children in service institutions. For purposes of. this'section, the term "service institutions" mean~ private. nonprofit institutions or public institutions, such as child day-care centers. settlement houses, or recreation centers, which provide day Care. of otherchild care where children are not maintained in residence. for child:Viifrom areas in which poor economic conditions exist and ronparras

12441, 45) wax amended by Ptiblle Low Dl 245, 54 Stat. 207,NI.,v 14. 11170

24 sea. t3 nnx added by Public Law 110 302, 82 Stat. 117, approved May 8, 1968.Set.. 13(n1111 tvnx atnetuliql by l'ablle Law 112 32, t47 Stat. s5, approved June. 30.

1971. and Publb 1,1 w 92 133. tilt Stat. 724, approvarl Sept. 2't, 1972,

13 2711 71

12

in tyhicln there are high content rat ions of 110C11111('S plabia, and 1)6%10.4 nonprofit iustitnttservices for hottulicapped children.

or' Subject to all the provisions Of this siction,-tlic term set viceinstitutions- also includes public or private nonprofit ins! Ulu t hat

l101) Spol'1111 -.winner programs prom iding food ,rN icc similar tothat available to ehilden under the National School lunch or SchoolBreakfast. Programs during the school year. including such institu-t ions pro% iding (Inv care for handicapped children. To t he inaNiniumextent feasible, consistent 1 it II the 1/111TOS('S Of this Section. special

prOg111111S !-.111111 utilize the existing food services facilities ofpublic and nonprofit pivste schools.

(In) (1 ) ()f the funds appropriated for the purposes of this sectionfor any fiscs1 veal% the Secretary shod] resen-e per cent on for appor-tionment to (Iimm. Puerto Itio. the Virgin Ishinds..\ mericanand the Trust Territory of the Pacific Islands. Guam, Puerto Rico, their!,in .1merican Simms, and the Territory of the

Pacific Islands shall each be paid an amount which bears the sameratio to the toots! of such reserved funds us the number of childrenveil three to seventeen, inclusive, in each bears to the total numberof children of such ages in all of them.

(0) From the remainder of the hinds appropriated for any Ikealyear. the Sopretay shall pay to each State such sums as lit' deems ap-proprinte, hat not' more than 1;:",(1,000. ss a hasic grunt. In addition,the Secretary shall allot to each State from the funds einsining aftert he basic grants have been insole an amount \vine]) 'wows the same ratioto such remaining. fluids (IS the unnlher or ciiiithvil ill that state luredHirer to seventeen. inclusive in families with incomes of less thans:i.uou per annum Leafs to the tots' number of such children in all theStates. Voi the purposes of this psragraph, the terni "State" doesnot include Guam. Puerto Rico. the Virgin Islands..merienns Samos,anti the Territory of the Pacific Islands.

( 1 ) Funds paid. to sny State under this section shall he disbursedby the State edlicational ligeny to service institutions, selected on ationdisciminaton:y basis Icy the Stine educational agvile, (A) to re-inihursc servie institutions for the cogt of obtaining agriculturalcommodities and other foods, and ( B) for the purposes of paragraphs() and (1) of this subsection. costs of obtaining agriculturalcommodities and other foiods nifty inellide the cost of the processing,list rihnt transporting. or handling thereof. I)islairseinent to par-tiipati( sun ice institutions shall be insole at such rate of reinibuie-went per invid its the Secretary shall prescribe.

( 2' In circumstances; of severe need where the rate poi. ineril estab-hshed Its the Siocrettiv is insufficient to carry on an effective feedingpogrsin. the Secretary'may, authorize financial ossistance not to ex-ceed 441) per contion of the oivatio,tr rosts4 of S11C11 a pro,ursin, includ-ing the cost of obtaining. preparing. and serving food. Non-Federalcontributions may he in cash or kind, fairly evaluated, including butnot Inwled to equipollent 1111(1 services. iii the seleetion of institutionsto receive essist Tice under this subsection. the State educations)

king mot hers. a ul luns providing care

1:4111121 wam ainotultl I,y l'itp11. l,sw 92 1(3, 40 Shit 724, tipprovil sept '211.1072. b ,111/1401. th. InNt 041' (I tram

No.l. 1310') (2 W:14 /1,111'11d...I ii) 1.011111' Imw 02 32 45 HIM 43. npprovp(1.1111111. 30, 1971I

18

ageny shall require the applicant institutions to 1O01'ille justification

of the need for' such assistance.(:t) Not to exceed .):, per remain of the funds.pant to any

State mayiiibe used by the State to nssist si.rN ice 'institutions 1)y paying

not toexceed 17) percent cut 11111 Of t he cost of the 1)111.1111: or rental of Nittip-

nivnt. (411(.r than land and hitildings, for the Ntortlgt',4 PrvP:Iratjoil,transportation, and SerVinr,e' to 100d to enable the service institutions

to establi, i. maintain, and e\ Inind food Si'rViee tinder t hiS Section.

( do ) If i 011v Shift the Stnt mhicatiomil agency is not permittedLs

Icy law or is otherwise tillable to disburse the funds paid to it tinder

thi:i sect ion to any son ice institution 111 the Stilte, the Serl'ettll',V S111111

without nll funds it )Portioned under this section and shall disbursethe funds so withheld dirert ly to SerV Ice institutions in the State forthe satin' purpose and sidiject to the snine conditions as are required

of a State educational agyney disbursing funds made nvnilable under

( i i is sect ion.(e) Not withstnnding the provisions of any other law, 'admires of

funds nppropriated for the purposes of this section and tinobligritedat the end of any fiscal year shtill remain nailnIch) for obligationduring the tir4 t Ilree months of the following fiscal year.

I f) '4 Service institution. in Miich funds are disLursed tinder thissection shall .,..eile melds consisting of it combination of foods andmeeting minimum nut ritional standards prescribed by the Secretaryon the 1),VNIS of tested nutritional resenrch. Such meals shrill be servedwithout cost or at a reduced cost to children determined by the serviceinstitutions to be unable to pay the frill cost. Such determinationsshall he made by the service institution authorities in ticcordance witha pliblicly announced policy and plan applied equitably on the basisof criteria which, a.-., a minimum, shall include the level bf familyincome. incholitor welfare grants, the untidier in the family unit, andthe number of children in the ft-unify unit attending school or serviceinstitiltions. In inal:ing such determination, service institution nil-thorities .-diniild. to the extent practicable. onsult with public \velfareand health agencies. No physical segregation or (ain't!' discriminationagainst tiny child shall be made because of his inability to pay norshall there l i e Ally O V( 17 t 'hien( I 11(11 t Intl of !HIV such 011i id ht' special(oke118 Or tickets, /11111(1111leed or plilihSliell 11,1S of 11111111`. Or (1(her1110;1114,

(i.e) if any State cannot utilize all funds apportioned to it, or ifaddit ion;11 funds are made a vailnhle for apportionment ninon,* theStates. wider t hi- section, the Secretary slitill milli' further appotion-ments to the remaining Shies in the manner preseribed in subspe-t ivy. ( I)),

( I)) (1) h.. Secretary shill] certify to the Secretnry of the Treasuryfrom tinge to tinge the amonnts to he (mid to any State under this seetionof the .kit and the time or times such ninounts are to be paid; and theSe,.retaiv of the Treasury shall pny to the State at the time or timesfixed 1,1 the Secretary the amount'', SO Cert 1111`d.

( 2 ) Each SOF \ 100 111,4 ituitimi participating under this sect,ion shall,insofar its proct ictilil.c.iitilize in its Pogam foods designated from

,.. ...

" 4111$4.,t1..11 f t,1 91 "I S(.11 JliI ipprvd Thiy 11.19) 11

tf

19

,1

ro

1.1

t h i n . In Milli. 1)1 1111. :iicrotiir% 115 b.ein.g in ab1111(bIllet% Pit IliI' 11.1111011.1111y(11' Ill the institution area, or foods donated by the Secretary. Irrespec--,tive of the amount of funds approprinted under this section. foodsavitillikle under sisct ion .1 1(1 of the .kIrricultural Act Of 1919 (7 1 .S.( '.1 131 ) or purelinsed under section 32 of the Act Of .ktigust 21, 1935 ,( 71.S.c. cdoc 1. or section 7119 of I lie Food and Agricidt 'ire Act of 19(15( 7'1 ..S.C. 1 1 thin 1 1. may 1)1 donated bv tile Secretnr to .i.1.%-ice inst .1tilt ions in :14.cordance %vitli the needs 115 (INCI*111111e(l by 1111l11(WIIivs Ofthese institutions for utilization in their feeding programs.

(3) The value of assistance to children under this section sh.all notbe con.-ddered to In income or resources fol. any purpose under allyFederal or State Inns. including laws relating- to taxation and welfare111111 1)104. n.;,:i ..taii(1. programs. Expenditures of funds from State Hilllocal sourres for the maintenance of food pro,.,,,,rams for children shallnot be diminished as a result of f Innis. received under this section.

( 1 ) 'There is hereby authorized 41) tile appropriated for any fiscal% car such sum:" a, 'tiny he necessitr\ to the Secretary for his adminisI n't iv(' ('Penses 110(ler this seetion.

(5) Shoes. State eduentionnl lug, 'ivies. and servive,institut ions par-t ici pat ing in programs under this/vet ion shall keep such accounts andrecords as may In. necessary to enable the Secretary to determinewhether there lias been compliance with this section and the regula-tions hereunder. Such accounts and records shall at all times be avnil-nble for inspection and andit by representatives of the Secretary andshall he pi eserved for such period of time, not in excess of live years.as the Secretary (letermi nes is necessary.

( i ) ' Not %villistanding Oily otheA. provision of law, the Secretary of.kgrictilture is authorized to utilize, during the period itly 15 to .;ei)tember 15, 1972. not to exceed i.;'3.5.00().(10() from funds arailnble during,I he lisen1 yen N 1972 and 1973 under sect ion 32 of the Act of .kligust 21,1935 (7 1 ..S.( '. (1120, to carry out the purposes of this section. handsexpilided under t he pro% isions of this paragraph shall be reimbursednit of any supplemental appropriation hereafter enacted for the pur-po..e of carrying out section 13 of the National School Lunch', Act.and such reimbursements shall be deposited into the fund establishedpursinnit to section 32 of the Act of .ligust 2 1. 1935. to be availablefor the purposes of said section 32. 1..110(ls 'mule available under thissubsection ,lin II he in addition to direet appropriations or other fundsnvailable for the conduct of slimmer food service i>rogranis forchildren.

'11. %III I N11 \ .1,,S1`41' \ cr. lo eam Tor rInil int's JlE.115CHILDREN IN 5(110(11,5

Svc. 13.k. Notwithstanding 1111%' ntb(bl* ill'OVIS.1011 of law. under such. terms :Ind conditions as he deems in the public interest. the Secre-tary of .kgricult lire is authorized to Ilse an addit jinni! amount, notto exceed ::430.o()(1.00(). of funds from section 32 of the .ket of .\u-gust 2 1. 19:15 (7 1'.S.('. (112e). to slupplement funds heretofore madeavailable to carry alit programs (luring the fiscal Fear 1970 to improvet he 'nutrition of needy children in public and nonprofit private schools

SuhKortIon nn. I.v l'ill.11. 1.1w ri x11 "410 721, noor.,v11 Npt. 211.

20

participating in the national school lunch program tinder this .letor the school breakfast program tinder the Nutrition Act of19(11) ( 1 1771 et ,e(1.).

(41\1'1119)ra 1)1sT111111-1111N 1'10)1;111Ni

SF. 1-1.'" Not withstanding any (4 lier provision of law, t he StAtary,during the period beginning July I. 1971, and ending June 31. 1975,

( 1 ) use funds (undid& to carry out the provisions of section112 of the .let of .kugust I. 1935 (7 1-.S.C. (121.) which ale notexpended or needed to earr out such provisions, to ptirt:hast.Ovithont regard1 to this provisions Of existing law izoverning theexpenditure of piddle funds) agricultural commodities and theirproducts of the 1.11114 1.11):10111111'111,' 1)11111111S111 1111111'1' S114'11 SN'111/11.

for donation to maintain the annually programmed level of assistance for programs carried on under this .let, the ('1111(! Nutri-tion .t,ct of 196(1, and title VII of the ()Ider mericans Act of190; and

(2) if stooks of Ilw ('ommoditv ('relit Corporation are notavailable, Ilse the funds of such ,('orporat Um to purchase agri-cultural commodities and their products of the types customarilyavailable under section 1ln of tin..kgricultural .ct of 1910 (7

1 131 ). for such donation,

( t 11(1N 11, 111114(11n-

(---sfr.1.-).,, (a) 1.11(,11* .1; 11(.11,11y v4t11111 IS11(41 it (-01111(.11to 1401(n

National Advistiry Council on ('Mild Nut rit ( liervitua net. in t his sec-tion referred to as the "('onned-) which shall he composed of lifteetimenthers appoijited by the Secretary. One menthe!. shall Iso it schooladministrator. one member shall he it person eng.aged- in child %%.1 fare%void:, one turinhor shall he a person engaged in vocational educationworlc, one ntember.4111111 he a nutrition expert, !me member shall he aschool 1.011 px}nrt ,(111, nipmiwt shnn he a State.tiperintentlent of schools (or the equivalent thereof), one 1111'1111)V1411911 be 11 )4111/0111510' of a 511/1/1 111111'11 1)144111111 111 a SC114)111 51510111

111 011 1111)1111 111'9;1 Inc the equivalent. thereof), one member shall be Itsupervisor (If a sr11()()/ lunch program in n school system in a ttral area,

ii,,11l1., be II State 4(111101 11111(1) direetor (or the equivalentthereof), ion' member shall he a person serving on it school board. onemember shall he a ciassroeun teacher. and four menthers Siln 1 I III' ()RicersM. employees( of the Department of Agriculture sperifIlly qualified toserve on the ( 'ouncil breause of their 941(1(.0 ion, training,: experienve,and krimvINIA.re in matters relating to child food lure aunts.

(b) The eleven members of the appointed. from outside theI)ppattuvnt of .kgrietilt tire shall be appointed for terms of three years,except that the nine members first appointed 10 the C'ouncil shall heappointed as follows: Three members shall he appointed for terms of

1.; by Pliblir m lzit, 44 star. 2441, epproved J.0 %O. 19715.1. I 7, wi, nailed n {We Law it ..11 t(4 stn) 21 %,,.

11)70). ti redemliennted gee 15 111 191,11e 1.4)w 91 119 47 Stat. 590 rtipro 4,1 Nov 7,1973, stitIewtIon% In1 (0)), err, find Inc worn runer91441y 1491)11n Lbw 9:1 1:10, 47 Sint.',pr., 441 Noi 7, 197:1

21

lti

three years, three ininbers shall he appointed for terms of two Years,and three membek shall be appointed for terms of one year. 'Phere-after till appointments shall he for a term of three years, except that aperson appointed to till an unexpired term shall serve only for theremainder of such term. \blithes appointed front the 1l(1)ml ment of.1grieulture shall set.% c at the pleasure of the Secretary.

(c) The Secretary shall designate one of the members to serve as(*hail-man and one to serve as Vice Chairman of the Council.

(d) The Council shall meet at the call of the Chairman but shallmeet at least once a year.

(c) Eight members shall constitute a quorum and a vacancy On theCouncil shall not stied its powers,

( f ) It shall be the function of the Council to make a continuingstudy of the operation of programs carried out under the NationalSchool Lunch .tct, the Child Nutrition Act of 1066, and any relatedAct under which meals are provided for children. with a view to deter-mining how such programs may la. improved. 'Flue ('mined shall submitto the President and the Congress annually a written report of theresult of its study. together %%ith such revommendst ions for administeat Il e nod legishit 0.e changes as it, deems appropriate.

(g) The Secretary shall provide the Conned with such .ty(friniraland other assistance, including- secretarial and clerical a yi.,Ktance, asmay 'n.1411611'41 to earn" out its functions under this Act.

(11) NIembers 7if the Council sitall serve %%ithout e pulsation butshall receive reimbursement for neeessay tivtrve id subsistence ex-penses inctuwed by them in the performitn of the duties of theCouncil.

SF.. 15." (a) In addition to funds appropriated or otherwise a .11able, the Secretary is authorized to use, (hiring the fiscal year endingJune 30, 1071, not to exceed $35,000,000 in funds front Section 32 ofthe Act of .1pgust 24. 1935 (7 0120, to carry mitt he provisionsof this Act, and during the fiscal year ending June 'fitt, 1972, not toexct\ed $100,000,009 in funds from such section 32 to carry out the pro-visions oT this Act relating to the seri-ice of free and reduced-pricemeals to needy children in schools and service hist notions.

(b) Any funds ibex ,ended under this section at the end of thefiscal year ending June 30, 1971, or at the end of tl.e fiscal year endingJune 3n, 1972. shod remain availidde to the Secretary in accordancewith the last sofitenoe of section 3 of this Act, as amended.

82 Section 15) Wm. nailed by Public 1.1w 92 3:2. 43 Sint. 4 5, unproved June :to. 1971,Although not th.1.4,41 by Poiltmotplont legislation, the pro% inlotts of thlu mo,tIon one no longernpylletthle

22

CHILD NUTRITION ACT OF 19,66AN Al r To strengthen and expand timid service pflogra ma for children

Be it enacted by the Senate and House of Representatives, of ther Ailed States of America in Conyre8s assembled, That this Act maybe cited as t he "Child Nutrition Act of Mr.'

DECIAIIATIoN trh PL'It14/51:

Si:. 2. In rei.ognition of the demonstrated relationship betweenfood and good nutrition and the capacity of ehildren to develop andlearn, based on the years of cumulative successful experience mulerthe national school lunch program with its significant contributionsiu the field of applied nutrition research it is hereby declared to bethe policy of Congress that those effort:4 shall be extended, expanded,and strengthened under the authority of the Secretary of AgrIcoltoreas a oieliFun, to safeguard the health and %vell-being of the Nation'schildren. and to encourage the domestic consumption of agriculturaland other foods, by assisting States, through 'grants-in-aid and othermeans. to meet more etfectively the nutritional lieeds of our children.

SPECIAL :%111.1t PlnalltAXI .1t rttuttt /..lrttr

St.t. 3.' 'There is hereby authorized to be approprjated for the fiscalyear ceding June 30, 1 9,0, and for each succeedng fiscal year. suchsums as may be necessary ' to enable the Secretary of Agriculture,under such rules and regulations as he may deem in the public inter-est, to encourage consumption of fluid milk by children in the rnitedStates ( 1 ) nonprofit schools of high school grade and under. and() nonprofit nursery schools, child-carecenters, settlement houses,sununer.camps; and similar nonprofit institutions devoled,to the (lireand training of children. For the purposes of this section "I ToitedStates- means the fifty States, (Minis, and the District of Columbia.The Secretary shall administer the special milk program providedfor by this section to the maximum extent practicable in the stenomanner as he administered the special milk program provided for byPublic Law 89- 6-1.2, as amended,

specialthe fiscal year ending June 30.:

I060. Any -411001, or nonprofit child' care institution shall receivethe special milk lzrograni upon their request. Children that qualifyfor free lunches %iu dvt. guidelines set forth by the Secretary shall alsobe eligible for free milk.' For the fiscal year ending June 30, 1975,and for subsequent. fiscal years, the minimum rate of reimbursement

,I,t11,11r 7,ew !s1) (142, 40 Sint. NM:,, opprOsell (let IL 10110%mended by l'obile Low at 2113, 44 11hat 33(4 epprooril .loor 30, 11)70 after the time

pees( eibed by the roomtltollon of the Slotem for Prrmliktillel opproval had expiredwithout socil opro-ro

keler,c1r(1 I, r 1,11w 113 317. SA Slot 310. approved July 12. 1074.This eolitftnt woe othled by Pablle Low 03 110, 87 Still. 300, approved Nov 7, 1073.

1171

23

11/4.)

,

for a halt lent of tot 11-5Trvo 1 in ,111001. ;11111 1)111(.1' inst ittion5 11:,11 not I. I1.. Hum 114'1' 11111 f .4'1% I'll 14) VI i42;i1)1414411.11411.4'11. :11141 ',11c11 111111111111111 111l4' 0l 11'111111111'Sel114.111 .1111 11 1141j11"41141

1111 WI 11111111111 11:1-1, 1114*14 11,1;11 there(' ftnr. hogOoling with111-1'11 1 y1N1ciolirt..1 11111. :;1), 1976, to rptleot Than,tiv's 111 (hi( sprips of fool]away f row Moult' of till ow-11111cl. 14'4. 111414A 1111141k111.11 1Ill'Ititremi of I.nllor Statistics of till) 1)(1)(111111(.10 of Lahm.. Stich n(i"just nictit `,11:111 04/1111111l4'11 1()1 hi. Iwn rest fourth (pia..

S111:1.

.1(111,:1%,

`," 1111141, 11111:

( ) There .15 111414414.\111'4' 114'4'1'-`,1 l'y far (ill'197 1. and .1 mu. It), 1

01 NI 1 114/111Z Ili\

:111l110117A4(1 to Ill. 1111111'01)1.111t1641

11.4'111 1 ears June :to. 197:1.t () 1.11:11th Svcrl.tary to (111.1.N. (nit n

11.(1..taini fll ;t55151 the Sn1(.5 throin.;11 grniits in-ahl and other 1111'111IS10 1117111110. 111:1111111111. it' (.X1)111141 11011111.0111 1111.111f11,1141.0g1.11111S 111 1111SI110"11': %\ 1114'11 111111i1' 111/111il'Ill 14)11 fur assi5tance niid agt(4. to carry (no

nonprofit 1)1.'411; fast 110;_irani in to.cor(lancv wit41 Iitiy .11't. .1,plit1)-1)riatiotis .a1111 exprinlititros for this .10 .1111 11 1116 considered1.:(111cation. 111111 11.11 furl. rimoions for plitTos, x111 llor 111:111fimet ions Of .1 griTillt

1.1'tarri(INNti-NT Tu v1'1.5

()r tllc ()mils n11ro1riatl.,l fur tin) purinisps of this s(itlion,tit,. sf.1.1.,tat-v 51111 1 1 fur tin' fiscal vinit ending June :10. 1197:1, (I)apportion s..2.6(n).(ain equallv. :inning thy Stilt(.. ot 1109 than (11111111, till'Viuill [SI:11111S. :11141 .111101'1V:111 S11111011 /11141 :4.4x.1)()1) (.(nmily anion)!I;natti. till. N'it:zin 1.1,11111s, and .1,11(.1.ican >41111(1)1, and (2) apportion

rTnaiiii(lor ninot1;! I In. Stnt(.5 ill ncrorilnlic0 11 It h the npinirtion-mtqa si.,1 ion I or thy \11(14'11111 1lioul 1,1111111.11.1. as nition11(.11. Fur ench fiscnI enr HIT 1151111 Von ten(lin.r 4)), 197-1. 1116 S(411.111 ry shall 11111 1(1' hreak fast assista tiroslitvti;ents. at sfih I ittlys n5 Ill. inny llotcrnliuc. fruni I lir 5111115 1)10.(1-1)riatvil thrry rm., to ()al-}(\z-tiit(i agi.ti, In n total liniontitis111111 to thy re5iilt nhtninl.l bv ( I) multiplying Ill() 11111111n41' orfast of I, (.0,16,,,,timi of foods which invet the minimumnut riliutinl rogiiiryTivnts 1)1.T5Tribv(1 by the Svcrrtiiry lairsannt 1() sub-:v(11mi Ti') of this '()1.11(111) 51.1N(.(1.(111ring 4'111141n.11ill l"1.1141"41"-4 :'4111t1'S 1):111 14'11111h", in till. 1411"111i Imgritinwider si.Tt ion under agrvvnients NNitli 511(.11 'tot() (.(Incntiontil.Prytiey liV 11:16011111 /1 Vl"I'llg14. 1 /1.4'11 k flist intyinviit presTribil bv. theSocrctil for sliTh 115(111 yvnr to Tarry out thy air1o5(.5 of tills 5(41 ion ;1.21 i11\ ing till. nimilivr of s11111 1)1,111;1.11st, servi,i rt., to ollilllrrn,rozibii fur f r(s. 1)11.111:n15(.5 in 511111 schools (hiring such fiscal N.Tat IlYI national nvrngv frel. 'weal; inlnivrit 'm.5(1.11)(41 till. S'prr()-tary for 511(.11.1n:cal viir to carry (nit the purposes or t his s,.,.t Jon 1111,11:1) !twit 11,111,Ni l.11i1(1114'11 Tilt:11114' iiiviikraids in ,11,.11 5Thools (luring, w,-r'' ntIlltt I, Plitt'll i,i trt 317. t 11 3 141,I441c I ' 19 7 1

%4414 ht 1'441411 1.44"% art .:'12, "2 Vint 1111, uppr.1%4 ll It '4, 111114%4444r4,141 1, 1.111,11, IA% !!2 ti, '0,11 '4 I ',pro% 1..1 .1,,11. 1971 rnnl h

I. I w l I I't "II Slat 721 opprot 0.1 'ept. (1. 1 972

24

lip

19 \i

such fiscal year by it',Iitiontil average redureirpriee breakfast pay-ment prescribed by t he Secretary for such fiscal year to carry out theprovisions of this section: Piweided, That in any fiscal Year Ill' aggre-gate amount of the breakfast assistance payments made by the Si.cre-tary to each State educational*ageney for any fiscal year shati not I.less than the amount of 'the pa mews !wide l: the Stale edialtt ionalagency to participating schools within the State for the fiscal earending June :In, 1972, to carry out the purposes of this S4'4.110n. Thenational average payment e. ablislied by the Secretary for all lire:II:-fasts served to eligible chil Iron shall riot I. less titans cents: :1I1amount of not less than 15 cents shall be added for each reduced-price breal

20

and shall meet minimum nutritional requirements prescribed by theSecretary on the basis of tested nutritional research. Such breakfastsshall he served free or at a reduced price to children in school under t he-same terms and conditions as are set forth with respect. to the service.of lunches free or at a reduced price in section 9 of the National SehoolLunch Art.

r" NON ettorrr IntivATF: SizooLs,

( f) For the fiscal year endiffig June 30, 1973, any withholding offunds for and dislausement to nonprofit private schools shall be

effected in the manner used prior to each fiscal year. Beginning witht he fiscal year ending June :10, 197.1. the Secretary shall make paymentsfrom the sums appropriated for nny fiscal year for the purposes of thissection directly to, tlu nonprofit private schools within a State, t buttparticipate in the break fast program under an agreement with theSecretary, for t he same purposes and subject to t he same conditions asare authorized or required under this section with respect to the dis-bursements by State ethient Mind agencies.

Svc. 5." (a) There is hereby authorized to be appropriated (of t hefiscal year eliding June 30, 1971, not to exceed S3R,000,000 for the fiscalyear ending June ;;(1, 11)72, not to exceed is33,000,000, for each of thethree fiscal years ending June 30, 1973, June 30, 1971, and June 3(1,1975, not to exceed $10.000.00t) nod for each succeeding fiscal year, not,to exceed $10,000.000, to enable t he Secretary to formulate and ell !Tyout a program to assist the States through grants-in-aid and othermeans to supply schools drawing attendance from areas in which pooreconomic renditions exist with equipment, other than land or build-ings. for t lie storage, preparation, transportation, and serving of foodto enable such schools to establish, maintain, and expand school foodservice programs. In the case of n 'nonprofit private school, such equip-ment shall be for use of such school principally in connection withchild feeding programs authorized in this Act and in the NationalSchool Lunch .1.ct, as aineded.and'in the event such equipment is nolonger so used, it may lx' transferod. (9 another nonprofit privateschool participating in any of sire4.1,4*ogritrus or to a public 8111001IMO Ivipot ing in any of such progratitti, or, failing either of these dim-positions, that part of such equi tf144.. fi nn tired with Ifederal funds,or the residual value thereof. slit 'Vert to the United States.

(b) Except, for the funds re. i,, col undpi. subsection (v.) of thissection, t he Secretary shall apportion lie funds appropriated for thepurposes of this sect ion among the States on the basis of the rat io thatthe munber of lunches (consisting of a combination of foods whichmeet the minimum nutritional re(Iiiirements preseribed by the Seire-tory pursuant to Reel ion 9 of the National School 1,1incli Art) servedif), each State in the latest preceding fiscal year for which the Socre-tibry determines data are available at the tinlp such 11111(1H lire appor-tioned bears to the total number of such lunches served in all Statesi n such preceding fiseal year. I f any State cannot utilize all of the.

NONFoon AssisTANcy, eitooltA51 ArrzionzzATioN

Stibmer On arnoi nimon,10(1 by Public, Law 91-2441. 13.1 In 210. apprornd Nfily 14,1910. nvid 1.tivr 92 433. 46 Stitt 724. npprov,1 grpr 28, 1972. slibmpc. (n) wanamendr(1 by 1.111,11r 1.(144, 91 214. Further amended by Public Low 92 433.

26

44

21

funds apportioned to it under the provisions of this subsection, theSecretary shall make further apportionments to the remaining Statesin the manner set forth in this subsection for apportioning fundsamong all the States. Payments to any State of funds apportionedunder the provisions of this subsection for any fiscal year shall bemade upon condition that at least one-fourth of the cost of equipment,.financed under this subsection shall be borne by funds from sourceswithin the State.

,--, STATE DISBURSEMENT TO SCHOOLS

(c) Funds apportioned and paid to any State for the purpose ofthis section shall be disbursed by the State educational agency toassist schools, which draw attendance from areas in which poor eco-nomic conditions exist and which have no, or grossly inadequate equip-ment, to conduct a school food service program, and to acquire suchequipment. In the selection of schools to receive assistance under thissection, the State educational agency shall require applicant schools toprovide justification of the need for such assistance and the inabilityof the school to finance the food service equipment needed. Disburse-ments to any school may be made by advances or reimbursements, onlyafter approval by the State educational agency of a request by theschool for funds, accompanied by a detailed description- of the equip-ment to be acquired and the plans for the use thereof in effectivelymeeting the nutritional needs of childen in thp, school.

NONPROFIT PRIVATE SCHOOLS

(d)13 If, in any State, the State educational agency is prohibited bylaw from administering the program authorized by this section in non-profit private schools withiti the State, the Secretary shall administersuch program in such private schools. In such event, the Secretaryshall withhold from the funds apportioned to any such State under

1le provisions of subsection (b) of this section an amount which bears

tthe same ratio to such funds as the number of lunches (consisting ofa combination of foods which meet the minimum' nutritional require-ments prescribed by the Secretary pursuant to section 9(a) of theNational School Lunch Act) served in nonprofit private schools in suchState in the latest preceding fiscal year for which the Secretary deter-mines data are available sit the Lime such funds are withheld bearsto the total number of such lunches served in all schools within such.*ate in such preceding fiscal year. ..=

RESERVE OF FUNDS

(e) In each of the fiscal years ending June 30, 1973, June 30, 1974,and June 30, 1975, 50 'per centum of the funds appropriated for thepurposes of this section shall be reserved by the Secretary to assistschools without a food service. The Secretary shall apportion thefunds so ressryed among the States on the basis of the ratio of thenumber of children enrolled in schools without a food service in theState for the latest fiscal year for which the Secretary. determines

is Subsec. 5 (d) and (e) were a )nended by Public Law 92-433, 88 Stat. 724, approvedSept. 26, 1972.

27

22

data are available at the time such funds are apportioned to the totalnumber of children enrolled in schools without a food service in allStates in such fiscal year. In those States in which the Secretaryadministers the nonfood- assistance program in nonprofit privateschools, the Secretary shall withhold from the funds apportioned toany such State under this subsection an amount which bears the sameratio to such funds s the number of children enrolled in nonprofitprivate schools without a food service in such State for the latest fiscalyear for which the Secretary' determines data are available at thetime such funds are withheld bears to the total number of childrenenrolled in all schools without food service in such State in such fiscalyear. The funds reserved, apportioned, and withifield under the author-ity of this subsection shall be used by State educational agencies. orthe Secretary in the case of nonprofit private schools, only, to assistschools without a food service. If any State cannot utilize all thefunds apportioned th it under the provisions ot this subsection to as-sist schools in the State without a food service, the Secretary shallmake further apportionments to the remaining States in the samemanner as set forth in this subsection for apportioning funds amongall the States and such remaining States, or the Secretary i1 the caseof nonprofit private schools, shall use the additional funds so appor-tioned or withheld only to assist schools in the State without a foodservice. Payments to any State of the funds apportioned under theprovisions of this paragraph shall be made upon condition that atleast one-fourth of tlw cost of equipment financed shall be borne byfunds from sources within the State, except that such condition shallnot apply with respkt to funds used under this section to assist'schools without 'food service if such schools are especially needy, asdetermined by the State.

PAYMENTS TO STATES

SEC* 6. The Secretary shall certify to the Secretary of the Treasuryfrom time to time the amounts to be paid to any State under sections3 through 7 of this Act and the time or times such amounts are to bepaid; and the Secretary of the Treasury shall pay to the State at thetime or times fixed by the Secretary the amounts so certified.

STATE ADMINISTRATIVE EXPENSES

".14 The Secretary may utilize funds appropriated under thissection for advances to each State educational agency for use for itsadministrative expenses or for the administrative expenses of anyother designated State agency in supervising and giving technicalassistance to the local school districts and service institutions in theirconducting of prcigrams under this Act and under sections 11 and 13of the National School Luncli Act. Such funds shall be advanced onlyin amounts and to the extent determined necessary by the Secretaryto assist such State agencies in the administration of additional ac-tivities undertaken by them under sections 11 and 13 of the NationalSchool Lunch Act, as amended, and sections 4 and 5 of this Act in-chiding additional activities undertaken in the distribution of donated

U. See. 7 was amended by Public Law 90-302, R2 Stat. 119, approved May 8, 1968, furtheramended by Public Law 91-248, 84 Stat. 210, approved May 14, 1970.

28

23

commodities. There are hereby authorized to be appropriated suchsums as may be necessary for the purposes of this section.

UTILIZATION OF FOODS

SEC. 8. Each school participating under section 4 of this Act shall,insofar as practicable, utilize ill. its program foods designated fromtime to time by the Secretary as being in abundance, either nationally 0or in the school area, or foods donated by the Secretary. Foods avail-able under section 416 of the Agricultural Act of 1949 (63 Stat.1058), as amended, or purchased under section .32 of the Act of Au-gust 1:4, 1935 (/-19 Stat. 774) as amended, or section 709 of the Food andagriculture Act of 1965 (79 Stat. 1212), may be donated by the Secre-tary to schools, in accordance with the needs as determined by localschool authorities, for utilization in. their feeding programs under thisAct.

NONPROFIT PROGRAMS

SEe...9. The food and'milk service programs in schools and nonprofitinstitutions receiving assistance under this Act shall be conducted ona nonprofit basis.

REGULATIONS-

SEC. 10.15 The Secretary shall prescribe such regulations as he maydeem necessary to carry out this Act and the National.School LunchAct. including regulations relating to the service of food in partiCi-pa ting schools and service institutions in competition with the pro-grams authorized under' this Act and the National School Lunch Act.Such. regulations shall not prohibit the sale of competitive4foods infood service facilities or areas during the time of service of food underthis At or the National School Lunch Act if the proceeds from thesales of such foods will inure to the benefit of the schools or of orga-nizations of students approved by the schools. In such regulations theSecretary may provide f6r thetrans for of funds by any State betweenthe programs authorized under this Act and the :National SchoolLunch Act on the basis. of an approved State plan of operation for theuse of the funds and may provide for the reserve of up to 1 per cent umof the funds available for apportionment to any State to carry outspecial developmental projects.

PROHIBITIONS

Si:c'. 11. (a) In carrying out the provisions of sections 3 through 5 ofthis Act, neither the Secretary nor the State shall impose any require-mi.nts Nvith respect to ,teaching personnel, enrriculum, instruction,methods of instruction, and materials of instruction.

b) The value of assistance to children under this Act shall nothe considered to he income or resources for any purpose under anyFederal or State laws including, but not limited to, laws relating totaxation, welfare, and public assistance programs. Expemfitures offunds from State and loud sources for the maintenance of food pro-

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grams for children shall not be ditainished as a result of funds receivedunder this Act.

PRESCHOOL PROGRAMS

SEC. 12. The Secretary may extend the benefits of all school feedingprograms conducted surd supervised by the Department of Agricultureto include preschool programs operated as part of the school system.

'CENTRALIZATION OF ADMINISTRATION

SEC: 13: Authority for the conduct and supervision of Federal pro-grams to assis, schools in, providing food service programs for cliildenis assigned to the Department of Agriculture. To the extent practi-cable, other Federal agencies administering programs under whichfunds are to be. provided to schools for suchossistance shall transfersuch funds to the Department of Agriculture for distribution throughthe administrative channels and' in accordance with the standardsestablished under this Act and the National School Lunch Art.

SEC. 14. There js hereby authorized to be appropriated for any fiscal'year such sums as may be necessary to the : Secretary for hisadministrative expense under this Act.

MISCELLANEOUS PROVISIONS %NI) DEFINITIONS

SEC. 15. For the purposes of this Act=(a) "State" means any. of the fifty 'States. the District of Columbia,

the Commonivealth of Puerto Rico, the Virgin Islands, Guam, orAmerican Samoa.

(b) "State educational agency" means. as the State legislature maydetermine, (1) the chief State school officer (such as the State super-intendent of public instruction, commissioner of education. or similarofficer), or (2) a board of education controlling the State departmentof education.

(c) "Nonprofit private school" means any private school exemptfrom income tax under section 501(c) (3) of the Internal RevenueCode of 1954.

(d) "School" means any public or nonprofit private school of highschool grade or under. including kindergarten and preschool programsoperated by such school and, with respect to Puerto Rico, shall also-include nonprofit child-care centers certified as such by the Governorof Puerto Rico.

(e) "Secretary" means the Secretary of Agriculture.

ACCOUNTS AND REFGRDS

SFr. 1fI. States. State iducational agencies., schools, and nonprofitinstitutions participating in programs under this Act'sliall keep suchaccounts and records as may be necessary to enable the Secretary todetermine whether there has been compliance with this At and theregulations hereunder. Such accounts and records shall at all times beavailable for inspection and audit by representatives of the Secretaryand shall be preserved for such period of time, not in excess of threeye/1.s, as the Secretary determines is necessary.

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SPECIAL SUPPLEMENTAL FOOD PROGRAM

SEC. 17." (a) " During each of the -fiscal years ending June 30, 1973,Juno P, 1974, and June 30, 1975, the Secretary shall make cash grantsto the health department or comparable agency of each State; Indiantribe, band, or groug, recognized by the Department of the Interior;or the Indian Health Service of the Department of Health, Education,and. Welfare for the purpose of providing funds to local health or we!-fare agenc4:s or private nonprofit agencies of such State; Indian-tribe,band, or group recognized by the Department of the Interior; or theIndian Health Service of the Department of Health. Education, and'Welfare, serving local health or welfare needs to enable such agenciesto carry out a program under which supplemental foods will be madeavailable to pregnant or lactating women and to infants determinedby competent professionals to be nutritional risks because of inade-quate nutrition and inadequate income. Such program shall be oper-ated for a three-year period and may be carried out in any area of theIThited States without regard to whether a food stamp program or adirect food distribution progtam is in effect in such area.

( b) " In order to carry out the program provided for under subsec-tion (n) of this section during the fiscal year ending June 30, 1973, theSecretary shall use $20,000,000 out of funds appropriated by section32 of the ket of August 21-, 1935 (7 U.S.C. (312(0). In order to carryout such program during the fiscal year ending :Lune 30, 1974, there isauthorized to be appropriated the sum of $20;000,000, but in the eventthat such sum has not been appropriated for Such purpose by August1, 1973, the Secretary shall use $20,000,000, or, if any amount has beenapnopriated for such program, the difference, if any, between theamount directly appropriated for such purpose and $20,000,000, out offunds appropriated by section 32 of the Act of August 24, 1935 (7U.S.C. 612(c) ). In order to carry out such program during the fiscalyear ending June 30, 1975, there is authorized to be appropriated thesum of $100,000,000, but in the event that such sum has not been appro-priated for such purpose by August 1, 1974, the Secretary shall use$100,000,000, or, if any amount has been appropriated for such pro