1 3 children in schools of high school grade and under and in 2 service institutions conducting programs for the benefit of 3 all children. To the fullest extent practicable, the Secretary 4 shall utilize the available services and expertise of other 5 Federal departments, State educational agencies, and private 6 organizations concerned with nutrition and nutrition educa7 tion in the formulation of program requirements and regu8 lations. The program shall be so designed as to provide each 9 child an equal opportunity to participate on the same basis 10 as all other children with no discrimination as to time or 11 place of serving or types and amounts of foods offered. 12 13 APPROPRIATIONS AUTHORIZED SEC. 4. (a) For each fiscal year there are hereby 14 authorized to be appropriated, such sums as may be neces15 sary to enable the Secretary to carry out the provisions of 16 this Act. Such appropriations for any fiscal year are author17 ized to be made a year in advance of the fiscal year in which 18 the funds will become available for disbursement to the 19 States. Notwithstanding any other provision of law, any 20 funds appropriated to carry out the provisions of the Act 21 shall remain available for the purposes of this Act until 22 expended. 23 (b) Appropriations for the purposes of this Act shall 24 be considered, for the purpose of budget presentations, to 4 1 relate to the functions of the Government concerned with 2 health and education. 3 NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS 4 SEC. 5. (a) Meals and supplemental food services pro 6 5 vided by schools and service institutions participating in programs under this Act shall meet minimum nutritional 7 requirements prescribed by the Secretary on the basis of 8 tested nutritional research. 9 (b) Food service programs operated under this Act 10 shall be operated on a nonprofit basis under the supervision 11 of the governing authorities of participating schools or 12 service institutions. Participating schools and service insti13 tutions shall offer at least one meal a day without charge 14 to all children in attendance; such meal shall consist of a 15 combination of foods meeting a minimum of one-third of 16 the child's daily nutritional requirements. Additional meals 17 and/or supplemental food services before, during, or after 18 the schoolday may be offered to all children in attendance 19 based on economic and/or nutritional needs. 20 22 21 (c) No affidavit nor certification shall be required of any parent or guardian in order that a child take part in the food 22 service program operated by the school or service institution. 222 23 24 (d) The sale of extra food and beverage items offered on a regular basis during the regular schoolday shall be 25 restricted to those items recognized as making a contribution 77-818 O - 72 - 2 1 5 to, or permitted by the school to be served as a part of, a 2 meal meeting the nutritional requirements prescribed by 3 the Secretary, and income from the sale of such items shall 4 be deposited to the account of the nonprofit food service 5 6 7 program and such income shall be used only for program purposes. (e) State agencies shall determine the eligibility of 8 applicant schools and service institutions to participate in 9 programs authorized under this Act and shall determine 10 their need for assistance to carry out the purposes of this 11 Act and shall establish controls to insure effective use of 12 funds. 13 DIRECT FOOD ASSISTANCE SEC. 6. (a) Each school or service institution participating in programs authorized under this Act shall, insofar as practicable, utilize in its program foods donated by the Secretary. Foods available under section 416 of the Agricultural Act of 1949 (63 Stat. 1058), as amended, or purchased under section 32 of the Act of August 24, 1935 (49 Stat. 774), as amended, or section 709 of the Food and Agriculture Act of 1965 (79 Stat. 1212), may be donated by the Secretary for schools and service institu tions for utilization in their feeding programs under this Act. (42 U.S.C. 1777.) (b) The Secretary is authorized to utilize annually 6 1 not to exceed $200,000,000 of funds available pursuant to 2 section 32 of the Act of August 24, 1935 (49 Stat. 774), 3 as amended, for the purchase and distribution of especially 4 nutritious agricultural commodities and other foods to assist 5 participating schools and service institutions in meeting the 6 nutritional requirements under this Act. Any funds unex7 pended from funds made available under this section may 8 be used by the Secretary to assist in carrying out the of this Act. 9 10 11 purposes APPORTIONMENTS AND PAYMENTS TO STATES SEC. 7. (a) The apportionment to each State shall be 12 made on the basis of two factors: (1) the number of children 13 in average daily attendance during the preceding year in 14 schools and service institutions eligible under the provisions 15 of this Act, and (2) the rate of Federal assistance per child 16 per year. The rate of Federal assistance per child per year 17 shall be $90 per child for all States. The amount of appor18 tionment to any State for any fiscal year shall be determined by multiplying factors (1) and (2). (b) The Secretary shall certify to the Secretary of the Treasury from time to time the amounts to be paid to any State under the provisions of this 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. 7 1 2 USE OF FUNDS SEC. 8. (a) Funds paid to any State for any fiscal year 3 shall be disbursed to schools and service institutions to assist 4 them in financing the operating costs of their food service 5 program including the costs of obtaining, preparing, and 6 serving food. 7 (b) Such disbursements may be made by State educa8 tional agencies at least monthly and may be made not to 9 exceed ten days prior to the beginning of each month of 10 operations. Periodic adjustments in the amounts of funds so 11 disbursed shall be made to conform with the provisions of 12 section 9 of this Act. 13 14 15 STATE MATCHING SEC. 9. (a) For the first and second fiscal years of operations under this Act, expenditures from State revenues 16 within the State, other than for the purchase or acquisition 17 of land or for the cost of construction or alteration of build 18 19 ings, shall constitute at least 10 per centum of total operating costs of the program. For the third fiscal year, the 20 State share shall be increased to 12 per centum of operating 21 228 23 24 costs and shall be increased by 2 per centum every second year thereafter to reach a maximum of 20 per centum. For each fiscal year of operations under this Act, expenditures from local sources other than for the purchase or acquisition 25 of land or for the cost of construction or alteration of build |