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82 STAT. 118

"State."

Unobligated funds, availability.

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 disbursed 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 agricultural 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. Disbursement 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, preparation, transportation, and serving of food to enable the service institutions 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 determination, service institution authorities should, to the extent practicable, Discrimination, consult with public welfare and health agencies. No physical segregaprohibition.

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 apportionments to the remaining States in the manner prescribed in subsection (b).

"(h) (1) The Secretary shall certify to the Secretary of the Treasury 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. Irrespective of the amount of funds appropriated under this section, foods available under section 416 of the Agricultural Act of 1949

82 STAT. 119

(7 U.S.C. 1431) or purchased under section 32 of the Act of August 68 Stat. 458. 24, 1935 (7 U.S.C. 612c), or section 709 of the Food and Agriculture 49 Stat. 774. Act of 1965 (7 U.S.C. 1446a-1), may be donated by the Secretary to 79 Stat. 1212. 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 administrative expenses under this section.

"(5) States, State educational agencies, and service institutions par- Recordkeeping. 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 section and the regulations hereunder. Such accounts and records shall at all times be available 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.S.C. 1776) is amended by adding immediately before 80 Stat. 888. 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 "sections 11 and 13".

SEC. 5. Section 4 (a) of the Child Nutrition Act of 1966 (42 U.S.C. School break1773(a)) is amended to read as follows:

fast program.

"SEC. 4. (a) There is hereby authorized to be appropriated for 80 Stat. 886. 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

82 STAT. 119

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.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 1114 (Comm. on Education & Labor).
SENATE REPORT No. 1067 (Comm. on Agriculture & Forestry).
CONGRESSIONAL RECORD, Vol. 114 (1968):

Mar. 5: Considered and passed House.

Apr. 10, 11, 17: Considered and passed Senate.

90th Congress, S. 1999
June 20, 1968

An Act

To amend the District of Columbia Public Education Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION. 1. Title I of the District of Columbia Public Education Act is amended by adding at the end thereof the following new sections:

"SEC. 107. In the administration of—

82 STAT. 241

D. C. Federal
City College.

Establishment
as land-grant
college.

80 Stat. 1426.

"(1) the Act of August 30, 1890 (7 U.S.C. 321-326, 328) D. C. Code 31(known as the Second Morrill Act),

"(2) the tenth paragraph under the heading 'EMERGENCY APPROPRIATIONS' in the Act of March 4, 1907 (7 U.S.C. 322) (known as the Nelson Amendment),

"(3) section 22 of the Act of June 29, 1935 (7 U.S.C. 329) (known as the Bankhead-Jones Act),

"(4) the Act of March 4, 1940 (7 Ú.S.C. 331), and

"(5) the Agricultural Marketing Act of 1946 (7 U.S.C. 16211629), the Federal City College shall be considered to be a college established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (7 U.S.C. 301-305, 307, 308) (known as the First Morrill Act); and the term 'State' as used in the laws and provisions of law listed in the preceding paragraphs of this section shall include the District of Columbia.

"SEC. 108. (a) Section 22 of the Act of June 29, 1935 (7 U.S.C. 329), is amended (1) by striking out $7,650,000' and inserting in lieu thereof $7,800,000', and (2) by striking out '$4,300,000' and inserting in lieu thereof '$4,320,000'.

"(b) In lieu of extending to the District of Columbia those provisions of the Act of July 2, 1862 (7 U.S.C. 301-305, 307, 308), relating to donations of public lands or land scrip for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts, there is authorized to be appropriated to the District of Columbia the sum of $7,241,706. Amounts appropriated under this subsection shall be held and considered to have been granted to the District of Columbia subject to those provisions of that Act applicable to the proceeds from the sale of land or land scrip.

"SEC. 109. (a) In the administration of the Act of May 8, 1914 (7 U.S.C. 341-346, 347a-349) (known as the Smith-Lever Act)

"(1) the Federal City College shall be considered to be a college established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (7 U.S.C. 301-305, 307, 308); and

"(2) the term 'State' as used in such Act of May 8, 1914, shall include the District of Columbia, except that the District of Columbia shall not be eligible to receive any sums appropriated under section 3 of such Act.

"(b) In lieu of an authorization of appropriations for the District of Columbia under section 3 of such Act of May 8, 1914, there is authorized to be appropriated to the District of Columbia such sums as may be necessary to provide cooperative agricultural extension work in the District of Columbia under such Act. For the fiscal years ending June 30, 1969, and June 30, 1970, sums appropriated under this subsection may be used to pay the total cost of providing such extension work; and for each fiscal year thereafter such sums may be used to pay no more than one-half of such cost. Any reference in such Act (other than section 3 thereof) to funds appropriated under

1601 note.
26 Stat. 417.

34 Stat. 1281.

74 Stat. 525. 54 Stat. 39.

60 Stat. 1087.

12 Stat. 503. "State."

Appropriations.

67 Stat. 83.

"State."

Cooperative agricultural

extension work.

67 Stat. 84;

76 Stat. 745.

82 STAT. 242

Federal Extension Serv

such Act shall in the case of the District of Columbia be considered a reference to funds appropriated under this subsection.

"(c) Four per centum of the sums appropriated under subsection (b) for each fiscal year shall be allotted to the Federal Extension ioe, allotment. Service of the Department of Agriculture for administrative, technical, and other services provided by the Service in carrying out the purposes of this section.

Effective date.

"SEC. 110. The enactment of sections 107 and 109 of this title shall, as respects the District of Columbia, be deemed to satisfy any requirement of State consent contained in any of the laws or provisions of law referred to in such sections."

SEC. 2. Sections 107 and 108 of the District of Columbia Public Education Act (added by section 1 of this Act) shall take effect with respect to appropriations for fiscal years beginning after June 30, 1968. Approved June 20, 1968.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 1465 accompanying H. R. 15280 (Comm. on the
District of Columbia).

SENATE REPORT No. 888
CONGRESS IONAL RECORD:
Vol. 113 (1967):
Vol. 114 (1968):

(Comm. on the District of Columbia).

Deo. 8, considered and passed Senate.
May 27, considered and passed House,
amended, in lieu of H. R. 15280.

June 10, Senate concurred in House amendment.

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