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CHILD NUTRITION ACT OF 1966 1

AN ACT

To strengthen and expand food service programs for children.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Child Nutrition Act of 1966". (42 U.S.C. 1771 note.)

DECLARATION OF PURPOSE

SEC. 2. In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation's children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-inaid and other means, to meet more effectively the nutritional needs of our children. (42 U.S.C. 1771.)

SPECIAL MILK PROGRAM AUTHORIZATION

SEC. 3.2 There is hereby authorized to be appropriated for the fiscal year ending June 30, 1970, and for each succeeding fiscal year such sums as may be necessary to enable the Secretary of Agriculture, under such rules and regulations as he may deem in the public interest, to encourage consumption of fluid milk by children in the United States in (1) nonprofit schools of high school grade and under, and (2) nonprofit nursery schools, child-care centers, settlement houses, summer camps, and similar nonprofit institutions devoted to the care and training of children. For the purposes of this section "United States" means the fifty States, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and the District of Columbia. The Secretary shall administer the special milk program provided for by this section to the maximum extent practicable in the same manner as he administered the special milk program provided for by Public Law 89-642, as amended, during the fiscal year ending June 30, 1969. Any school or nonprofit child care institution shall re

1 P.L. 89-642, 80 Stat. 885, Oct. 11, 1966.

2 P.L. 91-295, 84 Stat. 336, June 30, 1970, authorized appropriations for years succeeding fiscal year 1970, substituted "June 30, 1969", for "June 30, 1966", and added "Guam." P.L. 93-347, 88 Stat. 341, July 12, 1974, substituted "such sum as may be necessary" for "not to exceed $120,000,000".

2a This sentence was amended by Sec. 15 (1) of P.L. 94-105, 89 Stat. 522, Oct. 7, 1975, which inserted the words between "Guam" and "and the District of Columbia".

ceive the special milk program upon their request. Children that qualify for free lunches under guidelines set forth by the Secretary shall also be eligible for free milk.2b For the fiscal year ending June 30, 1975, and for subsequent fiscal years, the minimum rate of reimbursement for a half-pint of milk served in schools and other eligible institutions shall not be less than 5 cents per half-pint served to eligible children, and such minimum rate of reimbursement shall be adjusted on an annual basis each fiscal year thereafter, beginning with the fiscal year ending June 30, 1976, to reflect changes in the series of food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. Such adjustment shall be computed to the nearest one-fourth cent.20 Notwithstanding any other provision of this section, in no event shall the minimum rate of reimbursement exceed the cost to the school or institution of milk served to children.2d (42 U.S.C. 1772.)

SCHOOL BREAKFAST PROGRAM AUTHORIZATION

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SEC. 4. (a) There is hereby authorized to be appropriated such sums as are necessary 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. Appropriations and expenditures for this Act shall be considered Health, Education, and Welfare functions for budget purposes rather than functions of Agriculture. (42 U.S.C. 1773 (a).)

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)1a apportion $2,600,000 equally among the States other than Guam, the Virgin Islands, American Samoa and the Trust Territory of the Pacific Islands, and $45,000 equally among Guam, the Virgin Islands, American Samoa and the Trust Territory of the Pacific Islands, and (2) apportion the remainder among the States in accordance with the apportionment formula 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,

2b This sentence was added by P.L. 93-150, 87 Stat. 563, Nov. 7, 1973.

2 This sentence was added by Sec. 3(b) of P.L. 93-347, 88 Stat. 341, July 12, 1974. 24 This sentence was added by Sec. 15(2) of P.L. 94-105, 89 Stat. 522, Oct. 7, 1975. P.L. 90-302, 82 Stat. 119, May 8, 1968, authorized additional appropriations, deleted pilot program authority, and added the last sentence. P.L. 91-248, 84 Stat. 214, May 14, 1970, increased the 1971 appropriation. P.L. 92-32, 85 Stat. 85, June 30, 1971, authorized 1972 and 1973 appropriations. P.L. 92-433, 86 Stat. 724, Sept. 26, 1972, authorized 1973, 1974, and 1975 appropriations and substituted "in all schools which make application for assistance and agree to carry out a nonprofit breakfast program in accordance with this Act" for "in schools." Sec. 2 of P.L. 94-105, 89 Stat. 511, Oct. 7.1975, deleted the authorization of appropriations for the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975.

The Act of September 26, 1972, also substituted "the fiscal year ending June 30, 1973" for "each fiscal year" in the first sentence and added the sentences which follow. This clause was amended by Sec. 15 (b) of P.L. 94-105, 89 Stat. 511, Oct. 7, 1975, which substituted "American Samoa and the Trust Territory of the Pacific Islands," for "and American Samoa" both times it appeared therein.

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. The national average payment established by the Secretary for all breakfasts served to eligible children shall not be less than 8 cents; an amount of not less than 15 cents shall be added for each reduced-price breakfast; and an amount of not less than 20 cents shall be added for each free breakfast. In cases of severe need, a payment of up to 45 cents may be made for each breakfast served to children qualifying for a free breakfast. (42 U.S.C. 1773 (b).)

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STATE DISBURSEMENT TO SCHOOLS

(c) Funds apportioned and paid to any State for the purpose of this section shall be disbursed by the State educational agency to schools selected by the State educational agency to assist such schools in financing the costs of operating a breakfast program and for the purpose of subsection (d). Disbursement to schools shall be made at such rates per meal or on such other basis as the Secretary shall prescribe. 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. Breakfast assistance disbursements to schools under this section may be made in advance or by way of reim

4b The last two sentences were added by P.L. 93-150, 87 Stat. 562, Nov. 7, 1973.

5 This sentence was substituted by P.L. 93-150, 87 Stat. 562, Nov. 7, 1973, for a provision authorizing assistance in financing the cost of obtaining food. P.L. 92-32, 85 Stat. 85, June 30, 1971, substituted "to assist such schools in financing the" for "to reimburse such schools for the."

PL. 92-32, 85 Stat. 85, June 30, 1971, added the last group of schools.

bursement in accordance with procedures prescribed by the Secretary. (42 U.S.C. 1773 (c).)

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(d) In circumstances of severe need where the rate per meal established by the Secretary is deemed by him insufficient to carry on an effective breakfast program in a school, the Secretary may authorize financial assistance up to 100 per centum of the operating costs of such a program, including cost of obtaining, preparing, and serving food. In the selection of schools to receive assistance under this section, the State educational agency shall require applicant schools to provide justification of the need for such assistance. (42 U.S.C. 1773(d).)

NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS

(e)9 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. (42 U.S.C. 1773 (e).

NONPROFIT PRIVATE SCHOOLS

(f) 10 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 sum appropriated for any fiscal year for the purposes of this section directly to the schools (as defined in section 15(c) of this Act which are private and nonprofit as defined in the last sentence of section 15(c) of this Act) 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.10a (42 U.S.C. 1773 (f).) (g) 10b As a national nutrition and health policy, it is the purpose and intent of the Congress that the school breakfast program be made available in all schools where it is needed to provide adequate nutrition for children in attendance. The Secretary is hereby directed, in cooperation with State educational agencies, to carry out a program of information in furtherance of this policy. Within 4 months after the enactment of this subsection, the Secretary shall report to the committees of jurisdiction in the Congress his plans and

This sentence was added by P.L. 93-433, 86 Stat. 725, Sept. 26, 1972.
Substituted for "80" by P.L. 92-32, 85 Stat. 85, June 30, 1971.

Original language was amended by P.L. 91-248, 84 Stat. 210, May 14, 1970, to prohibit identification of needy children; and P.L. 92-32, 85 Stat. 85, June 30, 1971, to insert additional language similar to that of National School Lunch Act. The present language was substituted by P.L. 92-433, 86 Stat. 725, Sept. 26, 1972.

19 P.L. 92-433, 86 Stat. 725, Sept. 26, 1972, substituted the present language for a sentence requiring that withholding of funds and disbursement to nonprofit private schools would be effected in accordance with section 10 of the National School Lunch

Act.

10 This sentence was amended by Sec. 17(a) of P.L. 94-105, 89 Stat. 525, Oct. 7, 1975, which substituted for "nonprofit private schools", the word "schools." 10b This subsection was added by Sec. 3 of P.L. 94-105, 89 Stat. 511, Oct. 7, 1975.

those of the cooperating State agencies to bring about the needed expansion in the school breakfast program.

NONFOOD ASSISTANCE PROGRAM AUTHORIZATION

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SEC. 5. (a)11 There is hereby authorized to be appropriated for the fiscal year ending June 30, 1971, not to exceed $38,000,000, for the fiscal year ending June 30, 1972, not to exceed $33,000,000, 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 $40,000,000, to enable the Secretary to formulate and carry out a program to assist the States through grants-in-aid and other means to supply schools drawing attendance from areas in which poor economic conditions exist with equipment, other than land or buildings, for the storage, preparation, transportation, and serving of food to enable such schools to establish, maintain, and expand school food service programs. In the case of a nonprofit private school, such equipment shall be for use of such school principally in connection with child feeding programs authorize in this Act and in the National School Lunch Act, as amended, and in the event such equipment is no longer so used, it may be trans erred to another nonprofit private school participating in any of such programs or to a public school participating in any of such programs, or, failing either of these dispositions, that part of such equipment financed with Federal funds, or the residual value thereof, shall revert to the United States. (42 U.S.C. 1774 (a).)

APPORTIONMENTS TO STATES

(b) 12 Except for the funds reserved under subsection (e) of this section, the Secretary shall apportion the funds appropriated for the purposes of this section among the States on the basis of the ratio that the number of lunches (consisting of a combination of foods. which meet the minimum nutritional requirements prescribed by the Secretary pursuant to section 9 of the National School Lunch Act) served in each State in the latest preceding fiscal year for which the Secretary determines data are available at the time such funds are apportioned bears to the total number of such lunches served in all States in such preceding fiscal year. If any State cannot utilize all of the funds apportioned to it under the provisions of this subsection, the Secretary shall make further apportionments to the remaining States in the manner set forth in this subsection for apportioning funds among all the States.12a Payments to any State of funds apportioned under the provisions of this subsection for any fiscal year shall be made upon condition that at least one-fourth of the cost of equipment financed under this subsection shall be borne by funds from sources within the State, except that such conditions

11 Amended by P.L. 91-248, 84 Stat. 208, May 14, 1970, to authorize appropriations for the 1971, 1972, 1973 and succeeding years; by P.L. 92-433, 86 Stat. 727, Sept. 26, 1972, to substitute the authorization for 1973 and succeeding fiscal years for the previ ous authorization; and by Sec. 5 of P.L. 93-326, 88 Stat. 287, June 30, 1974, to change "$20,000,000" to "$40,000,000".

12 P.L. 91-248, 84 Stat. 208, May 14, 1970, changed the formula for apportionment of funds. P.L. 92-433, 86 Stat. 727, Sept. 26, 1972, amended the formula, added a re apportionment provision, and changed "shall be borne by State or local funds" to read "shall be borne by funds from sources within the State."

12a This sentence was amended by Sec. 18, P.L. 94-105, 89 Stat. 525, Oct. 7, 1975, which added the exception.

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