Joint resolution to assure that every needy schoolchild will receive a free or reduced price lunch as required by section 9 of the National School Lunch Act
PL 92-153 (H.J.Res.923), enacted 11/05/1971

85 STAT. ] 
PUBLIC LAW 92-153-NOV. 5, 1971 
419 
countries, including the expenditure or use of funds appropriated pur-
suant to this Act, shall be such as may be prescribed by the Secretary 
of Agriculture. Arrangements for the cooperation authorized by this 
Act shall be made through and in consultation with the Secretary of 
State. The authority contained in this Act is in addition to and not in 
substitution for the authority of existing law." 
SEC. 2. Section 2 of the Act of February 28, 1947, as amended (61 
Stat. 7; 70 Stat. 1033; 21 U.S.C. 114c), is amended by striking out the 
words "of Mexico," and inserting in lieu thereof the words "of Mexico, 
Guatemala, El Salvador, Costa Rica, Honduras, Nicaragua, British 
Honduras, Panama, Colombia, and Canada,". 
SEC. 3. The Act of July 6, 1968 (82 Stat. 294; 21 U.S.C. 114d-2 
^^P^«^* 
through d-6) is hereby repealed. 
Approved November 5, 1971. 
Public Law 92-153 
J O I N T RESOLUTION 
November 5, 1971 
To assure that every iieeily schoolchild will receive a free or reduced price lunch 
[H. J. Res. 923] 
as required by section 9 of the National School Lunch Act. 
AVhereas it appears that under the proposed apportionment of funds 
aA-ailable for special assistance under section 11 of the National 
School Lunch Act for the fiscal year ending June 30,1972 (including 
funds appropriated by section 32 of the Act of August 24, 1935, 
and made available for that purpose), only six States will receive 
more than 30 cents in such assistance per free or reduced price lunch; 
and 
Whereas it appears that this amount per lunch is not adequate to 
enable States and schools to continue to participate in the school 
Ivmch program and to achieve the objectives of the National School 
Lunch Act, particularly that of providing a free or reduced price 
lunch to every needy child: Therefore be it 
Reaolred hy the Senate and House of Representatives 
of the United 
States of America hi Congress assembled^ That, notwithstanding any 
^°°'^ service 
other provision of law, the Secretary of Agriculture shall until such drenr""^ 
time as a supplemental appropriation 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 LLS.C. 612c), as may be necessary, 
^9 stat. 774. 
in addition to the funds now available therefor, to carry out the 
purposes of section 11 of the National School Lunch Act and provide 
84 stat. 211. 
a rate of reimbursement which will assure every needy child of free 
'•^ u c 1759a. 
or reduced price lunches during the fiscal year ending June 30, 1972, 
and to carry out the purposes of section 4 of the National School 
Lunch Act and provide an average rate of reimbursement of 6 cents 
^^ ^^^ 
'^^^' 
per meal within each State. In determining the amount of funds 
needed and the requirements of the various States therefor, the Secre-
tary shall consult with the National Advisory Council on Child Nutri-
tion and interested parties. Funds expended under the foregoing-
provisions of this resolution shall be reimbursed out of any supj)le-
mental appropriation hereafter enacted for the purpose of carrying 
out section 4 and section 111 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 
75-432 0 - 7 2 - 2 9 
420 
PUBLIC LAW 92-153-NOV. 5, 1971 
[85 STAT. 
Apportionment 
to States, 
76 Stat. 944. 
42 u s e 1753. 
Report to Con-
gre s s. 
80 Stat. 886; 
84 Stat. 208. 
42 u s e 1773, 
1774. 
Reimbursement 
rate, 
42 u s e 1759a. 
Intra, 
Eligibility 
standards. 
60 Stat. 233; 
84 Stat. 210. 
42 u s e 1758. 
Transfer of 
funds. 
49 Stat. 774. 
7 u s e 612c. 
purposes of said section 32, 
SEC. 2. Funds made available by this joint resolution 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 joint resolution 
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. 
SEC. 3. The Secretary of Agriculture shall immediately upon enact-
ment of this resolution determine and report to Congress the needs for 
additional funds to carry out the school breakfast and nonfood assist-
ance programs authorized by sections 4 and 5 of the Child Nutrition 
Act of 1966 during the fiscal year ending June 30,1972, at levels which 
Avill permit expansion of the school breakfast and school lunch pro-
grams to all schools desiring such programs as rapidly as practicable. 
SEC. 4. Section 11(e) of the National School Lunch Act is amended 
by inserting the following immediately after "the full cost of such 
lunches": "but in no event shall such amounts be less than an amount 
determined by— 
" (1) multiplying the number of meals served free in the school 
during such year by 40 cents or the cost per meal of providing 
such meals, Avhichever is less, and 
•'(2) multiplying the number of meals served at a reduced 
price in the school during such year by 40 cents or the cost per 
meal of providing such meals less the highest reduced price 
charged, whichever is less: 
Provided^ however, That any school which requires a greater amount 
of reimbursement per meal served free or at a reduced price in order 
to fulfill the requirements of section 9 of this Act shall receive such 
greater amount if it can establish to the satisfaction of the State 
agency that it would otherwise be financially unable to support the 
service of such meals. The maximum per meal amount established by 
the Secretary shall in no event be less than 40 cents; and the Secretary 
shall establish a higher maximum per meal amount for especially 
needy schools based on such schools' need for assistance in providing 
free and reduced price lunches for all needy children." 
SEC. 5. Section 9 of the National School Lunch Act is amended by 
inserting after "July 1 of such year" the following: ": Provided, hoio-
evei\ That during fiscal year 1972 such guidelines shall be considered 
only as a national minimum standard of eligibility^ and the Secretary 
shall reimburse during such fiscal year State agencies and local school 
authorities for free and reduced cost meals served pursuant to eligi-
bility standards established by State agencies prior to October 1,1971". 
SEC. 6. The Secretary shall not lower minimum standards of eligi-
bility for free and reduced price meals nor require a reduction in the 
number of children served in any school district during a fiscal year 
to be effective for that fiscal year. This section shall apply to fiscal 
year 1972. 
Skc. 7. In addition to any other authority given to the Secretary he 
is hereby authorized to transfer funds from section 32 of the Act of 
August 24, 1935, for the purpose of assisting schools which demon-
strate a need for additional funds in the school breakfast program. 
Approved November 5, 1971.