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Text of bills:

H.R. 4688.

H.R. 4764

H.R. 6209.

H.R. 8962.

Statement of—

CONTENTS

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SCHOOL LUNCH PROGRAM

THURSDAY, AUGUST 31, 1961

HOUSE OF REPRESENTATIVES,

GENERAL SUBCOMMITTEE ON EDUCATION OF THE
COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C.

The subcommittee met, pursuant to call, at 9:45 a.m., in room 429, Old House Office Building, Hon. Cleveland M. Bailey (chairman of the subcommittee) presiding.

Present: Representatives Bailey, Brademas, O'Hara, Quie, and Garland.

Also present: Robert E. McCord, subcommittee staff director.
Mr. BAILEY. The subcommittee will be in order.

The subcommittee has convened today for the purpose of hearing different proposals contained in H.R. 4688, H.R. 4764, H.R. 6209, and with particular reference to H.R. 8962 introduced by a member of the committee, Mr. O'Hara of Michigan.

(The bills referred to follow :)

[H.R. 4688, 87th Cong., 1st sess.]

A BILL To amend the National School Lunch Act to provide for a more equitable distribution of the fund available under such Act, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the National School Lunch Act (42 U.S.C. 1753) is amended by inserting "(a)" after "SEC. 4." by striking out "Alaska, Territory of Hawaii, Puerto Rico, and the Virgin Islands" and inserting in lieu thereof "the Commonwealth of Puerto Rico, Guam, and the Virgin Islands". Section 4 of the National School Lunch Act is further amended by striking out the third, fourth, fifth, sixth, and seventh sentences thereof and inserting in lieu of such sentences the following new paragraphs:

"(b) Subject to the limitations imposed in subsection (d), apportionment. among the States shall be made on the basis of two factors: (1) the participation rate for the State, and (2) the assistance need rate for the State. The amount of the apportionment to any State shall be determined by the following method: First, determine an index for the State by multiplying factors (1) and (2); second, divide this index by the sum of the indices for all the States; and third, apply the figure thus obtained to the total funds to be apportioned: Provided, however, That proportionate adjustments shall be made as necessary to provide that the sum available to any State is not less than 5 cents times the participation rate for such State.

"(c) For the purposes of this Act—

"(1) the participation rate of a State shall be the number of type A lunches served by participating schools in such State in the preceding fiscal year, as determined by the Secretary.

"(2) the assistance need rate of each State shall be determined by assigning a value of five to each of the States and by increasing the value of five for each State having an annual per capita income less than the average annual per capita income of all the States by the ratio that the average annual per capita income of each such State bears to the average annual per capita income of all the States, up to a maximum value of nine.

"(3) the per capita income figures used in determining the assistance need rates under this section shall be the average of those certified by the Depart1

ment of Commerce for the latest three years for which such figures are available.

"(4) 'school' means any public or nonprofit private school of high school grade or under and, with respect to Puerto Rico, shall also include nonprofit child-care centers certified as such by the Governor of Puerto Rico. "(d) In the event that the amount available for apportionment under this section does not exceed an amount equal to 5 cents times the sum of the participation rates for all States, the assistance need rate for each State shall be the rate obtained by dividing the sum of the participation rates for all States into the amount available for apportionment under this section."

SEC. 2. Section 5 of the National School Lunch Act (42 U.S.C. 1754) is amended (1) by striking out "Alaska, Territory of Hawaii, Puerto Rico, and the Virgin Islands" and inserting in lieu thereof "the Commonwealth of Puerto Rico, Guam, and the Virgin Islands".

SEC. 3. Section 6 of the National School Lunch Act (42 U.S.C. 1755) is amended (1) by inserting "(a)" after "SEC. 6", (2) by striking out "for his administrative expenses" and inserting in lieu thereof "for use as provided in subsection (b)", and (3) by adding at the end thereof the following new subsection:

"(b) Two-sevenths of the funds made available for use as provided in this subsection may be granted by the Secretary to State educational agencies which request such funds for use by such agencies in meeting their administrative expenses. The amount which may be granted a State educational agency under this subsection may not exceed an amount which bears the same ratio to the total funds available for distribution under this subsection as that State's apportionment under section 4 for the year bears to the total funds being apportioned. The remainder of such funds may be used by the Secretary for his administrative expenses."

SEC. 4. The first sentence of section 9 of the National School Lunch Act (42 U.S.C. 1758) is amended to read as follows: "Lunches served by schools participating in the school lunch program for which reimbursements are paid under this Act shall meet minimum nutritional requirements prescribed by the Secretary for type A lunches on the basis of tested nutritional research."

SEC. 5. Section 10 of the National School Lunch Act (42 U.S.C. 1759) is amended by striking out "number of children between the ages of five and seventeen, inclusive, attending nonprofit private schools within the State is of the total number of persons of those ages within the State attending school" and inserting in lieu thereof the following: "participation rate for all nonprofit private schools within the State is of the participation rate for the State".

SEC. 6. Section 11(d)(1) of the National School Lunch Act (42 U.S.C. 1760) is amended by striking out " "State' includes any of the forty-eight States and the District of Columbia, Territory of Hawaii, Puerto Rico, Alaska, and the Virgin Islands", and inserting in lieu thereof the following: "State' includes any of the fifty States and the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands".

SEC. 7. Section 11(c) of the National School Lunch Act (42 U.S.C. 1760) is amended by inserting after the words "materials of instruction" the words "on any State educational agency or".

SEC. 8. The amendments made by this Act shall take effect July 1, 1961.

[H.R. 4764, 87th Cong., 1st sess.]

A BILL To amend the National School Lunch Act to provide for a more equitable distribution of the funds available under such Act, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the National School Lunch Act (42 U.S.C. 1753) is amended by inserting "(a)" after "(SEC. 4." by striking out "Alaska, Territory of Hawaii, Puerto Rico, and the Virgin Islands" and inserting in lieu thereof "the Commonwealth of Puerto Rico, Guam, and the Virgin Islands". Section 4 of the National School Lunch Act is further amended by striking out the third, fourth, fifth, sixth, and seventh sentences thereof and inserting in lieu of such sentences the following new paragraphs:

(b) Subject to the limitations imposed in subsection (d), apportionment among the States shall be made on the basis of two factors: (1) the participation rate for the State, and (2) the assistance need rate for the State. The amount of the apportionment to any State shall be determined by the following method: First, determine an index for the State by multiplying factors (1) and (2); second,

divide this index by the sum of the indices for all the States; and third, apply the figure thus obtained to the total funds to be apportioned: Provided, however, That proportionate adjustments shall be made as necessary to provide that the sum available to any State is not less than 5 cents times the participation rate for such State.

"(c) For the purposes of this Act

"(1) the participation rate of a State shall be the number of type A lunches served by participating schools in such State in the preceding fiscal year, as determined by the Secretary.

"(2) the assistance need rate of each State shall be determined by assigning a value of five to each of the States and by increasing the value of five for each State having an annual per capita income less than the average annual per capita income of all the States by the ratio that the average annual per capita income of each such State bears to the average annual per capita income of all the States, up to a maximum value of nine.

"(3) the per capita income figures used in determining the assistance need rates under this section shall be the average of those certified by the Department of Commerce for the latest three years for which such figures are available.

"(4) 'school' means any public or nonprofit private school of high school grade or under and, with respect to Puerto Rico, shall also include nonprofit child-care centers certified as such by the Governor of Puerto Rico. "(d) In the event that the amount available for apportionment under this section does not exceed an amount equal to 5 cents times the sum of the participation rates for all States, the assistance need rate for each State shall be the rate obtained by dividing the sum of the participation rates for all States into the amount available for apportionment under this section."

SEC. 2. Section 5 of the National School Lunch Act (42 U.S.C. 1754) is amended (1) by striking out "Alaska, Territory of Hawaii, Puerto Rico, and the Virgin Islands" and inserting in lieu thereof "the Commonwealth of Puerto Rico, Guam, and the Virgin Islands".

SEC. 3. Section 6 of the National School Lunch Act (42 U.S.C. 1755) is amended (1) by inserting "(a)" after "SEC. 6", (2) by striking out "for his administrative expenses" and inserting in lieu thereof "for use as provided in subsection (b)", and (3) by adding at the end thereof the following new subsection:

"(b) Two-sevenths of the funds made available for use as provided in this subsection may be granted by the Secretary to State educational agencies which request such funds for use by such agencies in meeting their administrative expenses. The amount which may be granted a State educational agency under this subsection may not exceed an amount which bears the same ratio to the total funds available for distribution under this subsection as that State's apportionment under section 4 for the year bears to the total funds being apportioned. The remainder of such funds may be used by the Secretary for his administrative expenses.'

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SEC. 4. The first sentence of section 9 of the National School Lunch Act (42 U.S.C. 1758) is amended to read as follows: "Lunches served by schools participating in the school lunch program for which reimbursements are paid under this Act shall meet minimum nutritional requirements prescribed by the Secretary for type A lunches on the basis of tested nutritional research."

SEC. 5. Section 10 of the National School Lunch Act (42 U.S.C. 1759) is amended by striking out "number of children between the ages of five and seventeen, inclusive, attending nonprofit private schools within the State is of the total number of persons of those ages within the State attending school" and inserting in lieu thereof the following: "participation rate for all nonprofit private schools within the State is of the participation rate for the State".

SEC. 6. Section 11(d)(1) of the National School Lunch Act (42 U.S.C. 1760) is amended by striking out 'State' includes any of the forty-eight States and the District of Columbia, Territory of Hawaii, Puerto Rico, Alaska, and the Virgin Islands", and inserting in lieu thereof the following: "State' includes any of the fifty States and the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands".

SEC. 7. Section 11(c) of the National School Lunch Act (42 U.S.C. 1760) is amended by inserting after the words "materials of instruction" the words "on any State educational agency or".

SEC. 8. The amendments made by this Act shall take effect July 1, 1961.

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