An Act to amend the National School Lunch Act to strengthen and expand food service programs for children, and for other purposes
PL 90-302 (H.R.15398), enacted 05/08/1968

82 STAT. ] 
PUBLIC LAW 90-302-MAY 8, 1968 
117 
Public Law 90-302 
AN ACT 
To amend the National School Lunch Act to strengthen and expand food service 
programs for children, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 3 
of the National School Lunch Act (42 U.S.C. 1752) is amended by 
striking out "section 11" and inserting in lieu thereof "sections 11 
and 13-'. Appropriations shall be considered Health, Education, and 
Welfare functions for budget purposes rather than functions of 
Agriculture. 
SEC. 2. (a) Section 6 of the National School Lunch Act (42 U.S.C. 
1755) is amended by inserting "except section 13" immediately after 
"Act," where it first appears. 
(b) Section 9 of such Act is amended by inserting before the period 
at the end of the first sentence the following: "; except that such 
minimum nutritional requirements shall not be construed to pro-
hibit the substitution of foods to accommodate the medical or other 
special dietary needs of individual students". 
SEC. 3. The National School Lunch Act is amended by adding at 
the end of the Act the following new section: 
May 8, 1968 
[H.R. 15398] 
National School 
Lunch Act, 
amendment. 
76 Stat. 944. 
60 Stat. 231. 
42 u s e 1758. 
42 u s e 1751 
note. 
"SPECIAL FOOD SERVICE PROGRAM FOR CHILDREN 
"SEC. 13. (a) (1) There is authorized to be appropriated $32,000,000 
for each of the three fiscal years ending June 30, 1969, June 30, 1970, 
and June 30, 1971, to enable the Secretary to formulate and carry 
out a pilot program to assist States through grants-in-aid and other 
means, to initiate, maintain, or expand nonprofit food service pro-
grams for children in service institutions. For purposes of this section, 
the term 'service institutions' means private, nonprofit institutions 
or public institutions, such as child day-care centers, settlement houses, 
or recreation centers, which provide day care, or other child care 
where children are not maintained in residence, for children from 
areas in which poor economic conditions exist and from areas in 
which there are high concentrations of working mothers, and in-
cludes public and private nonprofit institutions providing day care 
services for handicapped children. 
"(2) Subject to all the provisions of this section, the term 'service 
institutions' also includes public or private nonprofit institutions that 
develop special summer programs providing food service similar to 
that available to children under the National School Lunch or School 
Breakfast Programs during the school year, including such institu-
tions providing day care services for handicapped children. 
"(b) (1) Of the funds appropriated for the purposes of this section 
for any fiscal year, the Secretary shall reserve 2 per centum for appor-
tionment to Guam, Puerto Rico, the Virgin Islands, American Samoa, 
and the Trust Territory of the Pacific Islands. Guam, Puerto Rico, 
the Virgin Islands, American Samoa, and the Trust Territory of 
the Pacific Islands shall each be paid an amount which bears the 
same ratio to the total of such reserved funds as the number of chil-
dren aged three to seventeen, inclusive, in each bears to the total num-
ber of children of such ages in all of them. 
" (2) From the remainder of the funds appropriated for any fiscal 
3^ear, the Secretary shall pay to each State such sums as he deems ap-
"Service inssti-
t i o n s . " 
118 
PUBLIC LAW 90-302-MAY 8, 1968 
[82 STAT. 
"State." 
Unobligated 
funds, availa-
bility. 
Discrimination, 
prohibition. 
propriate, but not more than $50,000, as a basic grant. In addition, the 
Secretary shall allot to each State from the funds remaining after the 
basic grants have been made an amount which bears the same ratio 
to such remaining funds as the number of children in that State aged 
three to seventeen, inclusive, in families with incomes of less than 
$3,000 per annum bears to the total number of such children in all 
the States. For the purposes of this paragraph, the term 'State' does 
not include Guam, Puerto Rico, the Virgin Islands, American Samoa, 
and the Trust Territory of the Pacific Islands. 
"(c) (1) Funds paid to any State under this section shall be dis-
bursed by the State educational agency to service institutions, selected 
on a nondiscriminatory basis by the State educational agency, (A) 
to reimburse the service institutions for the cost of obtaining agri-
cultural commodities and other foods, and (B) for the purposes of 
paragraphs (2) and (3) of this subsection. The costs of obtaining 
agricultural commodities and other foods may include the cost of 
the processing, distributing, transporting, or handling thereof. Dis-
bursement to participating service institutions shall be made at such 
rate of reimbursement per meal as the Secretary shall prescribe. 
"(2) In circumstances of severe need where the rate per meal 
established by the Secretary is insufficient to carry on an effective 
feeding program, the Secretary may authorize financial assistance 
not to exceed 80 per centum of the operating costs of such a program, 
including the cost of obtaining, preparing, and serving food. In the 
selection of institutions to receive assistance under this subsection, 
the State educational agency shall require the applicant institutions 
to provide justification of the need for such assistance. 
"(3) Not to exceed 25 per centum of the funds paid to any State 
may be used by the State to assist service institutions by paying not 
to exceed 75 per centum of the cost of the purchase or rental of 
equipment, other than land and buildings, for the storage, prepara-
tion, transportation, and serving of food to enable the service institu-
tions to establish, maintain, and expand food service under this 
section. 
"(d) If in any State the State educational agency is not permitted 
by law or is otherwise unable to disburse the funds paid to it under 
this section to any service institution in the State, the Secretary shall 
withhold all funds apportioned under this section and shall disburse 
the funds so withheld directly to service institutions in the State for 
the same purpose and subject to the same conditions as are required 
of a State educational agency disbursing funds made available under 
this section. 
"(e) Notwithstanding the provisions of any other law, balances 
of funds appropriated for the purposes of this section and unobligated 
at the end of any fiscal year shall remain available for obligation 
during the first three months of the following fiscal year. 
"(f) Service institutions to which funds are disbursed under this 
section shall serve meals consisting of a combination of foods and 
meeting minimum nutritional standards prescribed by the Secretary 
on the basis of tested nutritional research. Such meals shall be served 
without cost or at a reduced cost to children determined by the service 
institutions to be unable to pay the full cost. In making such determi-
nation, service institution authorities should, to the extent practicable, 
consult with public welfare and health agencies. No physical segrega-
82 STAT. ] 
PUBLIC LAW 90-302-MAY 8, 1968 
119 
tion or other discrimination against any child shall be made because 
of his inability to pay. 
"(g) If any State cannot utilize all funds apportioned to it, or if 
additional funds are made available for apportionment among the 
States, under this section, the Secretary shall make further appor-
tionments to the remaining States in the manner prescribed in 
subsection (b). 
"(h) (1) The Secretary shall certify to the Secretary of the Treas-
ury from time to time the amounts to be paid to any State under this 
section of the Act and the time or times such amounts are to be 
paid; and the Secretary of the Treasury shall pay to the State at 
the time or times fixed by the Secretary the amounts so certified. 
"(2) Each service institution participating under this section shall, 
insofar as practicable, utilize in its program foods designated from 
time to time by the Secretary as being in abundance, either nationally 
or in the institution area, or foods donated by the Secretary. Irre-
jrpective of the amount of funds appropriated under this section, 
foods available under section 4i6 of the Agricultural Act of 1949 
(7 U.S.C. 1431) or purchased under section 32 of the Act of August 
24, 1935 (7 U.S.C. 612c), or section 709 of the Food and Agriculture 
Act of 1965 (7 U.S.C. 1446a-l), may be donated by the Secretary to 
service institutions in accordance with the needs as determined by 
authorities of these institutions for utilization in their feeding 
programs. 
"(3) The value of assistance to children under this section shall 
not be considered to be income or resources for any purpose under 
any Federal or State laws, including laws relating to taxation and 
welfare and public assistance programs. Expenditures of funds from 
State and local sources for the maintenance of food programs for 
children shall not be diminished as a result of funds received under 
this section. 
"(4) There is hereby authorized to be appropriated for any fiscal 
year such sums as may be necessary to the Secretary for his adminis-
trative expenses under this section. 
" (5) States, State educational agencies, and service institutions par-
ticipating in programs under this section shall keep such accounts and 
records as may be necessary to enable the Secretary to determine 
whether there has been compliance with this action and the regula-
tions hereunder. Such accounts and records shall at all times be avail-
able for inspection and audit by representatives of the Secretary and 
shall be preserved for such period of time, not in excess of five years, 
as the Secretary determines is necessary." 
SEC. 4. The first sentence of section 7 of the Child Nutrition Act 
of 1966 (42 U J S . C . 1776) is amended by adding immediately before 
the period at the end thereof "and under sections 11 and 13 of the 
National School Lunch Act". The second sentence of such section 7 
is amended by striking out "section 11" and inserting in lieu thereof 
SEC. 5. Section 4(a) of the Child Nutrition Act of 1966 (42 U.S.C. 
1773(a)) is amended to read as follows: 
"SEC. 4. (a) There is hereby authorized to be appropriated for 
the fiscal year 1969, $6,500,000; and for the fiscal year 1970 not to 
exceed $10,000,000; and for the fiscal year 1971 not to exceed $12,000,000 
to carry out a program to assist the States through grants-in-aid and 
other means to initiate, maintain, or expand nonprofit breakfast pro-
grams in schools. Appropriations and expenditures for this Act shall 
be considered Health, Education, and Welfare functions for budget 
purposes rather than functions of Agriculture." 
Approved May 8, 1968. 
68 Stat. 458. 
49 Stat. 774. 
79 Stat. 1212. 
Recordkeeping. 
80 Stat. 883. 
School break-
fast program. 
80 Stat. 886. 
96-600 O - 69 - 11