42 USC 1751 note. 42 USC 1771 note. Report to 42 USC 1764. Unexpended funds. 42 USC 1752. 42 USC 1787. Appropriation authorization. Pub. Law 94-105 October 7, 1975 pursuant to the National School Lunch Act and Child Nutrition Act of 1966 on the basis of noncompliance with full cost accounting procedures unless and until the requirements of subsection (b) of this section are met. (b) The Secretary shall study the additional personnel and training needs of States, local school districts, and schools resulting from the imposition of a requirement to implement full cost accounting procedures under the National School Lunch Act and Child Nutrition Act of 1966, and, on the basis of the results of such study, shall within one year after the date of enactment of this Act, submit a report and make such legislative recommendations as he deems necessary to the appropriate committees of the Congress. TECHNICAL AMENDMENT SEC. 22. The National School Lunch Act is amended by striking out the following: "SEC. 15. (a) In addition to funds appropriated or otherwise available, the Secretary is authorized to use, during the fiscal year ending June 30, 1971, not to exceed $35,000,000 in funds from Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to carry out the provisions of this Act, and during the fiscal year ending June 30, 1972, not to exceed $100,000,000 in funds from such Section 32 to carry out the provisions of this Act relating to the service of free and reduced-price meals to needy children in schools and service institutions. "(b) Any funds unexpended under this section at the end of the fiscal year ending June 30, 1971, or at the end of the fiscal year ending June 30, 1972, shall remain available to the Secretary in accordance with the last sentence of section 3 of this Act, as amended.". CASH GRANTS FOR NUTRITION EDUCATION SEC. 23. The Child Nutrition Act of 1966 is amended by adding at the end thereof the following new section: "SEC. 18. (a) The Secretary is hereby authorized and directed to make cash grants to State educational agencies for the purpose of conducting experimental or demonstration projects to teach schoolchildren the nutritional value of foods and the relationship of nutrition to human health. "(b) In order to carry out the program, provided for in subsection (a) of this section, there is hereby authorized to be appropriated not to exceed $1,000,000 annually. The Secretary shall withhold not less than 1 per centum of any funds appropriated under this section and shall expend these funds to carry out research and development projects relevant to the purpose of this section, particularly to develop 89 STAT. 528 October 7, 1975 Pub. Law 94-105 materials and techniques for the innovative presentation of nutritional information.". TECHNICAL AMENDMENT SEC. 24. Section 3 of the National School Lunch Act is amended by striking out "section 13” and inserting in lieu thereof “sections 13, 17 and 19". 42 USC 1752. CARL ALBERT Speaker of the House of Representatives. DALE BUMPERS Acting President of the Senate pro Tempore. IN THE HOUSE OF REPRESENTATIVES, U.S., October 7, 1975. The House of Representatives having proceeded to reconsider the bill (H. R. 4222) entitled "An Act to amend the National School Lunch Act and the Child Nutrition Act of 1966 in order to extend and revise the special food service program for children and the school breakfast program, and for other purposes related to strengthening the school lunch and child nutrition programs", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: W. PAT JENNINGS Clerk. By Benjamin J. Guthrie I certify that this Act originated in the House of Representatives. Pub. Law 94-105 October 7, 1975 IN THE SENATE OF THE UNITED STATES, October 7 (legislative day, September 11), 1975. The Senate having proceeded to reconsider the bill (H. R. 4222) entitled "An Act to amend the National School Lunch Act and the Child Nutrition Act of 1966 in order to extend and revise the special food service program for children and the school breakfast program, and for other purposes related to strengthening the school lunch and child nutrition programs", returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. VALEO Secretary. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-68 (Comm. on Education and Labor) and SENATE REPORTS: No. 94-259 (Comm. on Agriculture and Forestry) CONGRESSIONAL RECORD, Vol. 121 (1975) Mar. 24, 25, Apr. 28, considered and passed House. July 10, considered and passed Senate, amended. Sept. 18, House agreed to conference report. Sept. 19, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 40: Oct. 3, vetoed; Presidential message. CONGRESSIONAL RECORD, Vol. 121 (1975): Oct. 7, House and Senate overrode veto. 89 STAT. 530 Public Law 94-142 94th Congress, S. 6 November 29, 1975 An Act To amend the Education of the Handicapped Act to provide educational assistance to all bandicapped children, 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 "Education for All Handicapped Children Act of 1975". EXTENSION OF EXISTING LAW Education for Children Act of 20 USC 1401 SEC. 2. (a)(1)(A) Section 611(b) (2) of the Education of the note, Handicapped Act (20 U.S.C. 1411(b)(2)) (hereinafter in this Act referred to as the "Act"), as in effect during the fiscal years 1976 and 1977, is amended by striking out "the Commonwealth of Puerto Rico.". (B) Section 611(c)(1) of the Act (20 U.S.C. 1411(c)(1)), as in effect during the fiscal years 1976 and 1977, is amended by striking out "the Commonwealth of Puerto Rico,". (2) Section 611 (c) (2) of the Act (20 U.S.C. 1411(c) (2)), as in effect during the fiscal years 1976 and 1977, is amended by striking out "year ending June 30, 1975" and inserting in lieu thereof the following: "years ending June 30, 1975, and 1976, and for the fiscal year ending September 30, 1977", and by striking out "2 per centum" each place it appears therein and inserting in lieu thereof "1 per centum". (3) Section 611(d) of the Act (20 U.S.C. 1411(d)), as in effect during the fiscal years 1976 and 1977, is amended by striking out "year ending June 30, 1975" and inserting in lieu thereof the following: "years ending June 30, 1975, and 1976, and for the fiscal year ending September 30, 1977". (4) Section 612(a) of the Act (20 U.S.C. 1412(a)), as in effect during the fiscal years 1976 and 1977, is amended (A) by striking out "year ending June 30, 1975" and inserting in lieu thereof "years ending June 30, 1975, and 1976, for the period beginning July 1, 1976, and ending September 30, 1976, and for the fiscal year ending September 30, 1977"; and (B) by striking out "fiscal year 1974" and inserting in lieu thereof "preceding fiscal year". 20 USC 1411 (b) (1) Section 614(a) of the Education Amendments of 1974 (Pub lic Law 93-380; 88 Stat. 580) is amended by striking out "fiscal year note. 1975" and inserting in lieu thereof the following: "the fiscal years ending June 30, 1975, and 1976, for the period beginning July 1, 1976, and ending September 30, 1976, and for the fiscal year ending September 30, 1977,". (2) Section 614(b) of the Education Amendments of 1974 (Public Law 93-380; 88 Stat. 580) is amended by striking out "fiscal year 1974" and inserting in lieu thereof the following: "the fiscal years ending June 30. 1975, and 1976, for the period beginning July 1, 1976, and ending September 30, 1976, and for the fiscal year ending September 30, 1977," 89 STAT. 773 20 USC 1411 note, 20 USC 1413 note. Ante, p. 773. 20 USC 1412, Publication in ter. Pub. Law 94-142 November 29, 1975 (3) Section 614(c) of the Education Amendments of 1974 (Public Law 93-380; 88 Stat. 580) is amended by striking out "fiscal year 1974" and inserting in lieu thereof the following: "the fiscal years ending June 30, 1975, and 1976, for the period beginning July 1, 1976, and ending September 30, 1976, and for the fiscal year ending September 30, 1977,". (c) Section 612(a) of the Act, as in effect during the fiscal years 1976 and 1977, and as amended by subsection (a) (4), is amended by inserting immediately before the period at the end thereof the following: ", or $300,000, whichever is greater". (d) Section 612 of the Act (20 U.S.C. 1411), as in effect during the fiscal years 1976 and 1977, is amended by adding at the end thereof the following new subsection: "(d) The Commissioner shall, no later than one hundred twenty Federal Regis days after the date of the enactment of the Education for All Handicapped Children Act of 1975, prescribe and publish in the Federal Register such rules as he considers necessary to carry out the provisions of this section and section 611.". Ante, p. 773. 20 USC 1411 note, 20 USC 1401 note (e) Notwithstanding the provisions of section 611 of the Act, as in effect during the fiscal years 1976 and 1977, there are authorized to be appropriated $100,000,000 for the fiscal year 1976, such sums as may be necessary for the period beginning July 1, 1976, and ending September 30, 1976, and $200,000,000 for the fiscal year 1977, to carry out the provisions of part B of the Act, as in effect during such fiscal years. STATEMENT OF FINDINGS AND PURPOSE SEC. 3. (a) Section 601 of the Act (20 U.S.C. 1401) is amended by inserting "(a)" immediately before "This title" and by adding at the end thereof the following new subsections: "(b) The Congress finds that "(1) there are more than eight million handicapped children in the United States today; "(2) the special educational needs of such children are not being fully met; "(3) more than half of the handicapped children in the United States do not receive appropriate educational services which would enable them to have full equality of opportunity; "(4) one million of the handicapped children in the United States are excluded entirely from the public school system and will not go through the educational process with their peers; "(5) there are many handicapped children throughout the United States participating in regular school programs whose handicaps prevent them from having a successful educational experience because their handicaps are undetected; "(6) because of the lack of adequate services within the public school system, families are often forced to find services outside the public school system, often at great distance from their residence and at their own expense; "(7) developments in the training of teachers and in diagnostic and instructional procedures and methods have advanced to the point that, given appropriate funding, State and local educational agencies can and will provide effective special education and related services to meet the needs of handicapped children; 89 STAT. 774 |