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FOREWORD

As Chairman of the Select Committee on Nutrition and Human Needs, I have watched with great satisfaction the growth of legislation in the areas of nutrition.

Congress and the American people have responded to the problems of hunger with a dedication and commitment unequalled in the area of social legislation.

The National School Lunch Act (Public Law 79-396), enacted in 1946, is the cornerstone of our food delivery legislation. Today the School Lunch Program feeds nearly 25 million American schoolchildren each day. Since then there have been numerous new acts and amendments which have further enlarged the scope of child nutrition.

In 1954, the Special Milk Program was authorized; and, in 1961, Section 11-provisions for payment for free and reduced-price lunches were authorized.

In 1966, the Child Nutrition Act (Public Law 89-642) brought into being the School Breakfast Program, and an expanded concept of nutrition for children from needy families; in 1968, the Special Food Service Program-the program for out-of-school nutrition—was established, bringing summer feeding programs as well as all-year programs under the Act.

Public Law 91-248, enacted in 1970, gave further clarification of the intent of Congress that every needy child receive a free or reducedprice lunch, and eligibility standards were set forth.

During the 92d Congress, two other Acts, Public Law 92-32, and Public Law 92-153 again gave specific direction to the Department of Agriculture particularly in the matter of eligibility standards and reimbursement rates for meals served. Again, in 1972, it became imperative for the Congress to take action in the field of child nutrition and Public Law 92-433, approved September 26, 1972, authorized major changes in the funding procedures for Section 4 lunches and breakfasts; extended the school breakfast and special feeding programs through 1975, increasing appropriations for both programs to "such sums as are necessary"; supplied a floor and a ceiling for eligibility standards for free and reduced-price lunches; increased the general assistance reimbursement rate to 8 cents per lunch; increased the authorization for equipment and changed the distribution formula so as to channel 50 percent of the appropriated funds to no-program schools; gave State and local school authorities the regulatory authority over competitive food service, and instituted a Special Supplemental Food Program for mothers and babies at nutritional risk.

In 1973, funds were made available from the Commodity Credit Corporation to purchase those commodities no longer in surplusin order to insure a continued steady supply of food to the domestic feeding programs. Also, in 1973, reimbursement rates were raised for lunch and breakfast; escalator clauses attached to the Consumer

Price Index were added to guarantee automatic adjustment; eligibility for the Special Milk Program was expanded; eligibility for the reduced-price program was increased to 75 percent above the income poverty guidelines; and the Special Supplemental Food Program was extended to insure a program duration consistent with the original Congressional mandate.

During 1974, the Commodity Distribution Program was extended for 1 year; the per meal level of commodity assistance increased to 10 cents per meal, and made permanent with an automatic escalator clause. Also in 1974, the new reduced-price program was made permanent; the authorization for nonfood assistance was increased; and, the appropriation for the Special Supplemental Food Program was expanded.

Finally, Public Law 94-105, enacted October 7, 1975, extensively reformed and revised many of the existing provisions contained in the School Lunch and Child Nutrition Acts.

The major changes include: An expansion, clarification, and revision of the Special Supplemental Food Program (WIC), doubling the authorized funds and providing nutrition education monies; a program of information for the School Breakfast Program, so that more schools can participate; an expansion of the reduced price lunch program to 175 percent of the income poverty guidelines, and a mandate that all schools offer it; a total revision of the Special Food Service Program, to establish a Child Care Food Program to ensure more adequate nutrition services for very young children; an extension of the Secretary's authority to purchase commodities for donation to the child nutrition programs; a total updating and revision of the Summer Food Program; inclusion of orphanages and homes for the mentally retarded among those institutions eligible for all child nutrition programs; and, an updating of the income poverty guidelines used in the child nutrition programs.

In light of the numerous amendments to child nutrition legislation in recent years, I thought it would be useful to update and compile these laws for the use of Members of Congress and their staffs, and for citizens interested in child nutrition legislation, to provide readily available information on the current provisions of the law, and I have therefore directed that the following committee print be published.

GEORGE MCGOVERN, Chairman.
CHARLES H. PERCY.

NATIONAL SCHOOL LUNCH ACT

AN ACT To provide assistance to the States in the establishment, maintenance, operation, and expansion of school-lunch programs, and for other purposes

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 "National School Lunch Act.” 1

DECLARATION OF POLICY

SEC. 2. It is hereby declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation's children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school-lunch

programs.

APPROPRIATIONS AUTHORIZED

SEC. 3.2 For each fiscal year there is hereby authorized to be appropriated, out of money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as "the Secretary") to carry out the provisions of this Act, other than sections 13, 17, and 19. Appropriations to carry out the provisions of this Act and of the Child Nutrition Act of 1966 for any fiscal year are authorized to be made a year in advance of the beginning of the fiscal year in which the funds will become available for disbursement to the States. Notwithstanding any other provision of law, any funds appropriated to carry out the provisions of such Acts shall remain available for the purposes of the Act for which appropriated until expended.

APPORTIONMENTS TO STATES

SEC. 4.3 The sums appropriated for any fiscal year pursuant to the authorization contained in section 3 of this Act, excluding the sum specified in section 5, shall be available to the Secretary for supplying agriculture commodities and other food for the program in accordance with the provisions of this Act. For each fiscal year the Secretary may 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

1 Public Law 79-396, 60 Stat. 230.

2 Section 3 was amended by Public Law 87-823, 76 Stat. 944, approved Oct. 15, 1962, further amended by Public Law 90-302, 82 Stat. 117, approved May 8, 1968 to include the exception of new section 13 as well as section 11. Section 11 was then deleted by Public Law 93-326, 88 Stat. 287, approved June 30, 1974. Sections 17 and 19 were included in the exception by Public Law 94-105, 89 Stat. 511, veto overridden Oct. 7, 1975. Final two sentences were added by Public Law 91-248, 84 Stat. 207, approved May 14, 1970.

3 Section 4 was amended by the act of Oct. 15, 1962 Public Law 87-823, 76 Stat. 944. Amended further by Public Law 92-433, 86 Stat. 724, approved Sept. 26, 1972.

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 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 10 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.

NONFOOD ASSISTANCE

Sec. 5.5 Of the sums appropriated for any fiscal year pursuant to the authorization contained in section 3 of the Act, $10,000,000 shall be available to the Secretary for the purpose of providing, during such fiscal year, nonfood assistance for the school-lunch program pursuant to the provisions of this Act. The Secretary shall apportion among the States during each fiscal year the aforesaid sum of $10,000,000 and such apportionment among the States shall be on the basis of the factors, and in accordance with the standards set forth in section 4 with respect to the apportionment for agricultural commodities and other foods.

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DIRECT FEDERAL EXPENDITURES

SEC. 6.6 (a) The funds provided by appropriation or transfer from other accounts for any fiscal year for carrying out the provisions of this Act, and for carrying out the provisions of the Child Nutrition Act of 1966, other than section 3 thereof, less

(1) not to exceed 32 per centum thereof which per centum is hereby made available to the Secretary for his administrative expenses under this Act and under the Child Nutrition Act of 1966;

(2) the amount apportioned by him pursuant to sections 4 and 5 of this Act and the amount appropriated pursuant to sections 11 and 13 of this Act and sections 4, 5 and 7 of the Child Nutrition Act of 1966; and

(3) not to exceed 1 per centum of the funds provided for carrying out the programs under this Act and the programs under the Child Nutrition Act of 1966, other than section 3, which per centum is hereby made available to the Secretary to supplement the nutritional benefits of these programs through grants to States and other means for nutritional training and

4 This amount was increased by Public Law 93-150, 87 Stat. 560, approved November 7, 1973. Section 5 was amended by Public Law 87-823, 76 Stat. 945.

See section 404 of the Agricultural Act of 1949, Public Law 81-439, 63 Stat. 1054, approved Oct. 31, 1949, authorizing the use of the services and facilities of Commodity Credit Corporation in carrying out programs under section 6. [NOTE: The corporation has since been dissolved and its functions transferred.]

7 The text of subsection (a) was designated as such by Public Law 93-13, 87 Stat. 9, approved March 30, 1973.

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education for workers, cooperators, and participants in these programs and for necessary surveys and studies of requirements for food service programs in furtherance of the purposes expressed in section 2 of this Act and section 2 of the Child Nutrition Act of 1966, shall be available to the Secretary during such year for direct expenditure by him for agricultural commodities and other foods to be distributed among the States and schools and service institutions participating in the food service programs under this Act and under the Child Nutrition Act of 1966 in accordance with the needs as determined by the local school and service institution authorities. The provisions of law contained in the proviso of the Act of June 28, 1937 (50 Stat. 323), facilitating operations with respect to the purchase and disposition of surplus agricultural commodities under section 32 of the Act approved August 24, 1935 (49 Stat. 774), as amended, shall, to the extent not inconsistent with the provisions of this Act, also be applicable to expenditures of funds by the Secretary under this Act. In making purchases of such agricultural commodities and other foods, the Secretary shall not issue specifications which restrict participation of local producers unless such specification will result in significant advantages to the food service programs authorized by this Act and the Child Nutrition Act of 1966.9

(b) 10 As of February 15 of each fiscal year, the Secretary shall make an estimate of the value of agricultural commodities and other foods that will be delivered during that fiscal year to States for school food service programs under the provisions of this section, section 416 of the Agricultural Act of 1949, and section 32 of the Act of August 24, 1935. If such estimated value is less than 90 per centum of the value of such deliveries initially programed for that fiscal year, the Secretary shall pay to State educational agencies, by not later than March 15 of that fiscal year, an amount of funds that is equal to the difference between the value of such deliveries initially programed for such fiscal year and the estimated value as of February 15 of such fiscal year of the commodities and other foods to be delivered in such fiscal year. The share of such funds to be paid to each State educational agency shall bear the same ratio to the total of such payment to all such agencies as the number of meals served under the provisions of section 9(a) of this Act and section 4(e) of the Child Nutrition Act of 1966 during the preceding fiscal year bears to the total of all such meals served in all the States during such fiscal year: Provided, That in any State in which the Secretary directly administers school food service programs in any of the schools of such State, the Secretary shall withhold from the funds to be paid to any such State under the provisions of this subsection an amount that bears the same ratio to the total of such payment as the number of meals served in such schools under the provisions of section 9(a) of this Act and section 4(e) of the Child Nutrition Act of 1966 during that fiscal year bears to the total of such meals served in all the schools in such State in such

8 This sentence was amended by Public Law 91-248, 84 Stat. 209, approved May 14, 1970. This provision was added by Public Law 94-105, 89 Stat. 515, veto overridden Oct. 7, 1975.

10 Section 1 (b), (c), (d) was amended by Public Law 93-150, 87 Stat. 560, approved November 7, 1973. These three subsections were first added by Public Law 93-13, 87 Stat. 9, approved March 30, 1973 to provide for fiscal year 1973. Technical amendments were made by Public Law 94-105, 89 Stat. 511, veto overridden Oct. 7, 1975.

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