Public Law 92-391 Joint Resolution To suspend until March 1, 1973, the effectiveness of certain amendments made by the Education Amendments of 1972 to the Guaranteed Student Loan Program. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the effectiveness of Student loan the amendments made by sections 132A, 132B, 132C, 132D, 132E, and program. 132F of the Education Amendments of 1972 is hereby suspended for Effectiveness the period beginning with the date of enactment of this joint resolu-. of amendments, tion and ending March 1, 1973, and the provisions of part B of title delay. IV of the Higher Education Act of 1965, as in effect immediately prior Ante, p. 261. to the enactment of such amendments, shall be effective during such 20 USC 1071. period, except that (1) nothing in this joint resolution shall be deemed 86 STAT. 563 to affect the validity of any action taken or obligation undertaken 86 STAT. 564 under such part prior to the enactment of this joint resolution, and (2) section 438(b) of the Higher Education Act of 1965 shall continue Ante, p. 264. to be in effect during such period. Section 431(b) of the General Edu cation Provisions Act and section 495 of the Higher Education Act of 84 Stat. 169; 1965 shall not be applicable in the case of administrative action taken Ante, p. 326. to effectuate this joint resolution. Approved August 19, 1972. 20 USC 1232. Ante, p. 280. LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 118 (1972): Aug. 16, considered and passed Senate. Aug. 18, considered and passed House, amended; Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 34: (172) 92nd Congress, H. R. 14896 An Act To amend the National School Lunch Act, as amended, to assure that adequate funds are available for the conduct of summer food service programs for children from areas in which poor economic conditions exist and from areas in which there are high concentrations of working mothers, and for other purposes related to expanding and strengthening the child nutrition programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 13 of the National School Lunch Act (42 U.S.C. 1761) is amended by adding at the end thereof the following: "(i) Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to utilize, during the period May 15 to September 15, 1972, not to exceed $25,000,000 from funds available during the fiscal years 1972 and 1973 under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to carry out the purposes of this section. Funds expended under the provisions of this paragraph shall be reimbursed out of any supplemental appropriation hereafter enacted for the purpose of carrying out section 13 of the National School Lunch Act, and such reimbursements shall be deposited into the fund established pursuant to section 32 of the Act of August 24, 1935, to be available for the purposes of said section 32. Funds made available under this subsection shall be in addition to direct appropriations or other funds available for the conduct of summer food service programs for children." 86 STAT. 724 Child nutrition programs. Continuation and expansion. 82 Stat. 117; 85 Stat. 86. Summer program. 49 Stat. 774. SEC. 2. (a) The first sentence of section 13 (a) (1) of the National Grants-in-aid. School Lunch Act (42 U.S.C. 1761 (a) (1)), as amended, is amended 85 Stat. 86. to read as follows: "There is hereby authorized to be appropriated such sums as are necessary for each of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, to enable the Secretary to formulate and carry out a program to assist States through grantsin-aid and other means, to initiate, maintain, or expand nonprofit food service programs for children in service institutions." (b) Section 13 (a) (2) of such Act is amended by inserting a new sentence at the end thereof as follows: "To the maximum extent feasible, consistent with the purposes of this section, special summer programs shall utilize the existing food service facilities of public and nonprofit private schools." SEC. 3. (a) 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 such sums as are necessary for the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, to enable the Secretary 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 all schools which make application for assistance and agree to carry out a nonprofit breakfast program in accordance with this Act." (b) Section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773 (b)) is amended to read as follows: "APPORTIONMENT TO STATES "(b) Of the funds appropriated for the purposes of this section, the Secretary shall for the fiscal year ending June 30, 1973, (1) apportion $2,600,000 equally among the States other than Guam, the Virgin Islands, and American Samoa, and $45,000 equally among Guam, the Virgin Islands, and American Samoa, and (2) apportion the remainder among the States in accordance with the apportionment formula School breakfast program, appropriation. 85 Stat. 85. 80 Stat. 886. 86 STAT. 725 Post, p. 726. State disburse contained in section 4 of the National School Lunch Act, as amended. For each fiscal year beginning with the fiscal year ending June 30, 1974, the Secretary shall make breakfast assistance payments, at such times as he may determine, from the sums appropriated therefor, to each State educational agency, in a total amount equal to the result obtained by (1) multiplying the number of breakfasts (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to subsection (e) of this section) served during such fiscal year to children in schools in such States which participate in the breakfast program under this section under agreements with such State educational agency by a national average breakfast payment prescribed by the Secretary for such fiscal year to carry out the purposes of this section; (2) multiplying the number of such breakfasts served free to children eligible for free breakfasts in such schools during such fiscal year by a national average free breakfast payment prescribed by the Secretary for such fiscal year to carry out the purposes of this section; and (3) multiplying the number of reduced price breakfasts served to children eligible for reduced price breakfasts in such schools during such fiscal year by a national average reduced price breakfast payment prescribed by the Secretary for such fiscal year to carry out the provisions of this section: Provided, That in any fiscal year the aggregate amount of the breakfast assistance payments made by the Secretary to each State educational agency for any fiscal year shall not be less than the amount of the payments made by the State educational agency to participating schools within the State for the fiscal year ending June 30, 1972, to carry out the purposes of this section.' (c) Section 4(c) of the Child Nutrition Act (42 U.S.C. 1773 (c)) ment to schools. is amended by adding at the end thereof the following sentence: "Breakfast assistance disbursements to schools under this section may be made in advance or by way of reimbursement in accordance with procedures prescribed by the Secretary." 80 Stat. 886; 85 Stat. 85. Post, p. 726. Nonprofit private schools. 80 Stat. 887. Reimbursement rate. (d) Section 4(e) of the Child Nutrition Act of 1966 (42 U.S.C. 1773 (e)) is amended to read as follows: "NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS "(e) Breakfasts served by schools participating in the school breakfast program under this section shall consist of a combination of foods and shall meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research. Such breakfasts shall be served free or at a reduced price to children in school under the 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 School Lunch Act." (e) Section 4(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1773 (f)) is amended to read as follows: "(f) For the fiscal year ending June 30, 1973, any withholding of funds for and disbursement to nonprofit private schools shall be effected in the manner used prior to such fiscal year. Beginning with the fiscal year ending June 30, 1974, the Secretary shall make payments from the sums appropriated for any fiscal year for the purposes of this section directly to the nonprofit private schools within a State, that participate in the breakfast program under an agreement with the Secretary, for the same purposes and subject to the same conditions as are authorized or required under this section with respect to the disbursements by State educational agencies.' SEC. 4. (a) Notwithstanding any other provision of law, the Secretary of Agriculture shall until such time as a supplemental appro 86 STAT. 726 priation may provide additional funds for such purpose use so much of the funds appropriated by section 32 of the Act of August 24, 1935 (7 U.S.C. 612(c)), as may be necessary, in addition to the funds 49 Stat. 774. available therefor, to carry out the purposes of section 4 of the National School Lunch Act and provide an average rate of reimburse- Infra. ment of not less than 8 cents per meal within each State during the fiscal year 1973. Funds expended under the foregoing provisions of this section shall be reimbursed out of any supplemental appropriation hereafter enacted for the purpose of carrying out section 4 of the National School Lunch Act, and such reimbursements shall be deposited into the fund established pursuant to section 32 of the Act of August 24, 1935, to be available for the purposes of said section 32. (b) Funds made available pursuant to this section shall be apportioned to the States in such manner as will best enable schools to meet their obligations with respect to the service of free and reduced-price lunches and to meet the objective of this section with respect to providing a minimum rate of reimbursement under section 4 of the National School Lunch Act, and such funds shall be apportioned and paid as expeditiously as may be practicable. Apportionment to States. 84 Stat. 208. (c) Section 4 of the National School Lunch Act is amended effective after the fiscal year ending June 30, 1973, to read as follows: "SEC. 4. The sums appropriated for any fiscal year pursuant to the 76 Stat. 944. authorizations contained in section 3 of this Act, excluding the sum 42 USC 1753. specified in section 5, shall be available to the Secretary for supplying 42 USC 1752. agricultural commodities and other food for the program in accord- 60 Stat. 231. ance with the provisions of this Act. For each fiscal year the Secretary 42 USC 1754. shall make food assistance payments, at such times as he may determine, from the sums appropriated therefor, to each State educational agency, in a total amount equal to the result obtained by multiplying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under subsection 9 (a) of this Act) served during such fiscal year to Infra. children in schools in such State, which participate in the school lunch program under this Act under agreements with such State educational agency, by a national average payment per lunch for such fiscal year determined by the Secretary to be necessary to carry out the purposes of this Act: Provided, That in any fiscal year such national average payment shall not be less than 8 cents per lunch and that the aggregate amount of the food assistance payments made by the Secretary to each State educational agency for any fiscal year shall not be less than the amount of the payments made by the State agency to participating schools within the State for the fiscal year ending June 30, 1972, to carry out the purposes of this section 4." 84 Stat. 208. (d) Section 10 of the National School Lunch Act of 1946 (42 U.S.C. Nonprofit pri1759) is amended by striking "section 7." at the end thereof and vate schools, inserting in lieu thereof the following: "section 7: Provided, That disbursement. beginning with the fiscal year ending June 30, 1974, the Secretary shall 60 Stat. 233; make payments from the sums appropriated for any fiscal year for the purposes of section 4 of this Act directly to the nonprofit private schools in such State for the same purposes and subject to the same conditions as are authorized or required under this Act with respect to the disbursements by the State educational agencies." SEC. 5. (a) The first sentence of section 9 of the National School Lunch Act is designated as subsection (a) of that section. (b) The second through the seventh sentences of section 9 of the National School Lunch Act shall be designated as subsection (b) of that section and are amended to read as follows: Program require ments. 60 Stat. 233; 82 Stat. 117. 42 USC 1758. 84 Stat. 210; 85 Stat. 420. 86 STAT. 727 Income poverty guideline. Discrimination, prohibition. Ante, p.726. Appropriation. 84 Stat. 208. 42 USC 1774. Apportionment to States. "(b) The Secretary, not later than May 15 of each fiscal year, shall prescribe an income poverty guideline setting forth income levels by family size for use in the subsequent fiscal year, and such guideline shall not subsequently be reduced to be effective in such subsequent fiscal year. 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 guideline prescribed by the Secretary shall be served a free lunch. Following the announcement by the Secretary of the income poverty guideline for each fiscal year, each State educational agency shall prescribe the income guidelines, by family size, to be used by schools in the State during such fiscal year in making determinations of those children eligible for a free lunch. The income guidelines for free lunches to be prescribed by each State educational agency shall not be less than the applicable family-size income levels in the income poverty guideline prescribed by the Secretary and shall not be more than 25 per centum above such family-size income levels. Each fiscal year, each State educational agency shall also prescribe income guidelines, by family size, to be used by schools in the State during such fiscal year in making determinations of those children eligible for a lunch at a reduced price, not to exceed 20 cents, if a school elects to serve reduced-price lunches. Such income guidelines for reduced-price lunches shall be prescribed at not more than 50 per centum above the applicable family-size income levels in the income poverty guideline prescribed by the Secretary, except that any local school authority having income guidelines for free or reduced price lunches which exceed those allowed by this subsection may continue to use such guidelines for determining eligibility until July 1, 1973, if such guidelines were established prior to July 1, 1972. Local school authorities shall publicly announce such income guidelines on or about the opening of school each fiscal year and shall make determinations with respect to the annual incomes of any household solely on the basis of a statement executed in such form as the Secretary may prescribe by an adult member of such household. No physical segregation of or other discrimination against any child eligible for a free lunch or a reduced-price lunch shall be made by the school nor shall there be any overt identification of any such child by special tokens or tickets, announced or published lists of names, or by other means." (c) The eighth through the thirteenth sentences of section 9 of the National School Lunch Act shall be designated as subsection (c) of that section and the last sentence of such subsection shall be amended by deleting the phrase "under the provisions of section 10 until such time as the Secretary" and inserting in lieu thereof the following phrase "under this Act until such time as the State educational agency, or in the case of such schools which participate under the provisions of section 10 of this Act the Secretary". SEC. 6. (a) The first sentence of section 5(a) of the Child Nutrition Act of 1966, as amended by section 2 of Public Law 91-248, is amended by deleting the phrase "for the fiscal year ending June 30, 1973, not to exceed $15,000,000 and for each succeeding fiscal year, not to exceed $10,000,000" and inserting in lieu thereof the following phrase: "for each of the three fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, not to exceed $40,000,000 and for each succeeding fiscal year, not to exceed $20,000,000". (b) Section 5(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1774(b)) is amended to read as follows: "(b) Except for the funds reserved under subsection (e) of this section, the Secretary shall apportion the funds appropriated for the |