Volume 85 · 85
Public Law 92–32
To extend the school breakfast and special food programs.
Approved June 30, 1971
Statutory text
AN ACT
To extend the school breakfast and special food programs.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the National
Food service programs for children.
Extension.
School Lunch Act (42 U.S.C. 1752) is amended by adding at the end of the Act the following new section:
“Sec. 15.
(a) In addition to funds appropriated or otherwise available, the Secretary is authorized to use, during the fiscal year ending June 30, 1971, not to exceed $35,000,000 in funds from Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to carry out the provisions
of this Act, and during the fiscal year ending June 30, 1912, not to exceed $100,000,000 in funds from such section 32 to carry out the provisions of this Act relating to the service of free and reduced-price meals to needy children in schools and service institutions.
“(b) Any funds unexpended under this section at the end of the fiscal year ending June 30, 1971, or at the end of the fiscal year ending June 30, 1972, shall remain available to the Secretary in accordance with the last sentence of section 3 of this Act, as amended.”
School breakfast program, appropriation.
Sec. 2.
The first sentence of section 4(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(a)) is amended to read as follows: “There is hereby authorized to be appropriated for each of the fiscal years 1972 and 1973 not to exceed $25,000,000 to carry out a program to assist the States through grants-in-aid and other means to initiate, maintain, or expand nonprofit breakfast programs in schools.”
Sec. 3.
The first sentence of section 4(c) of such Act (42 U.S.C.
State disbursement to schools.
1773 (c)) is amended by striking out “to reimburse such schools for the” and inserting “to assist such schools in financing the”.
The last sentence of such section 4(c) is amended to read as follows: “In selecting schools for participation, the State educational agency shall, to the extent practicable, give first consideration to those schools drawing attendance from areas in which poor economic conditions exist, to those schools in which a substantial proportion of the children enrolled must travel long distances daily, and to those schools in which there is a special need for improving the nutrition and dietary practices of children of working mothers and children from low- income families.”.
Sec. 4.
Section 4(d) of the Child Nutrition Act of 1966, is amended by striking out “80 per centum” and inserting “100 per centum”.
Sec. 5.
Section 4(e) of the Child Nutrition Act of 1966 is amended by striking out the sentence reading “In making such determinations, such local authorities should, to the extent practicable, consult with public welfare and health agencies.” and inserting the following: “Such determinations shall be made by local school authorities in accordance with a publicly announced policy and plan applied equitably on the basis of criteria which, as a minimum, shall include the level of family income, including welfare grants, the number in the family unit, and the number of children in the family unit attending school or service institutions; but any child who is a member of a household which has an annual income not above the applicable family size income level set forth in the income poverty guidelines shall be served meals free or at reduced cost. The income poverty guidelines to be used for any fiscal year shall be those prescribed by the Secretary as of July 1 of such year. In providing meals free or at reduced cost to needy children, first priority shall be given to providing free meals to the neediest children. Determination with respect to the annual income of any household shall be made solely on the basis of an affidavit executed in such form as the Secretary may prescribe by an adult member of such household. None of the requirements of this section in respect to eligibility for meals without cost shall apply to nonprofit private schools which participate in the school breakfast
program under the provisions of subsection (f) until such time as the Secretary certifies that sufficient funds from sources other than children’s payments are available to enable such schools to meet these requirements.”
Sec. 6.
In addition to funds appropriated or otherwise available, the Secretary of Agriculture is authorized to use, during the fiscal year ending June 30, 1972, not to exceed $20,000,000 in funds from
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) , for the purpose of carrying out in any area of the United States direct distribution or other programs, without regard to whether such area is under the food stamp program or a system of direct distribution, to provide, in the immediate vicinity of their place of permanent residence, either directly or through a State or local welfare agency, an adequate diet to needy children and low-income persons determined by the Secretary of Agriculture to be suffering, through no fault of their own, from general and continued hunger resulting from insufficient food. Food made available to needy children under this section shall be in addition to any food made available to them under the National
School Lunch Act or the Child Nutrition Act of 1966. Whenever any program is carried out by the Secretary under authority of the preceding sentence through any State or local welfare agency, he is authorized to pay the administrative costs incurred by such State or local agency in carrying out such program.
Sec. 7.
The first sentence of section 13(a) (1) of the National School Lunch Act (42 U.S.C. 1761(a)(1)) is amended to read as follows: “There is authorized to be appropriated $32,000,000 for each of the fiscal years ending June 30, 1972, and June 30, 1973, to enable the Secretary to formulate and carry out a program to assist States through grants-in-aid and other means, to initiate, maintain, or expand nonprofit food service programs for children in service institutions.”.
In section 13(c) (2) of the National School Lunch Act (42 U.S.C. 1761(c) (2)) after the first sentence insert: “Non-Federal contributions may be in cash or kind, fairly evaluated, including but not limited to equipment and services.”.
Approved June 30, 1971.