Prepared statements, letters, supplemental material, etc.—Continued "A State Health Department Assesses Undernutrition," a publi- Prepared statement of.. Perryman, Dr. John, executive director, American School Food Service Page 129 127 51 Reed, Richard, Chief, Bureau of School Food Management, New Reiss, Col. Ellsworth C. (retired), president, National Association of Analysis of H.R. 3736 and S. 850-- Prepared statement of... Text of H.R. 4103 and S. 850_. Stalker, John C., director, Massachusetts Department of Education, Stewart, Joseph M., director, food services, District of Columbia Stickle, Gabriel, vice president, program, National Foundation March "Nutritional Surveillance," a publication__ 109 Prepared statement of.... 106 Stokes, Hon. Louis, a Representative in Congress from the State of 185 Talcott, Hon. Burt L., a Representative in Congress from the State of California, prepared statement of.. 147 Vanik, Hon. Charles A., a Representative in Congress from the State Walker, Mrs. Helen, director, school food services, School Board 48 54 58 THE NATIONAL SCHOOL LUNCH AND CHILD NUTRI TION ACT AMENDMENTS OF 1975 TUESDAY, MARCH 4, 1975 HOUSE OF REPRESENTATIVES, OF THE COMMITTEE ON EDUCATION AND LABOR, Washington, D.C. The subcommittee met at 10 a.m., pursuant to notice, in room 2175, Rayburn House Office Building, Hon. Carl D. Perkins (chairman of the committee) presiding. Present: Representatives Perkins, Meeds, Chisholm, Lehman, Risenhoover, Simon, Zeferetti, Miller, Mottl, Hall, Quie, Buchanan, Pressler, and Goodling. Staff Present. Marian Wyman, special assistant to the chairman; Jack Jennings, counsel, and Charles Radcliffe, minority counsel. [Text of H.R. 3736 and section-by-section analysis follows:] [H.R. 3736. 94th Cong., 1st sess.] A BILL To amend the National School Lunch and Child Nutrition Acts 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 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 National School Lunch and Child Nutrition Act Amendments of 1975". SCHOOL BREAKFAST PROGRAM SEC. 2. Section 4(a) of the Child Nutrition Act is amended by inserting after "and June 30, 1975," "and subsequent fiscal years". SEC. 3. Section 4 of the Child Nutrition Act of 1966 is amended by adding the following subsection (c): "(c) As a national nutrition and health policy, it is the purpose and intent of the Congress that the school breakfast program be made available in all schools where it is needed to provide adequate nutrition for children in attendance. The Secretary is hereby directed, in cooperation with State educational agencies, to carry out a program of information in furtherance of this policy. Within ninety days after the enactment of this legislation, the Secretary shall report to the committees of jurisdiction in the Congress his plans and those of the cooperating State agencies to bring about the needed expansion in the school breakfast program.". MATCHING SEC. 4. Section 7 of the National School Lunch Act is amended by adding the following sentence at the end of such section: “Provided, however, That the total State matching of $3 for $1, as required in the third sentence of this section with adjustments for the per capita income of the State, shall not apply with respect to the payments made to participating schools under section 4 of this Act for free and reduced price meals: Provided further, That the foregoing proviso does not apply in the case of State level matching as required under the sixth sentence of this section.". (1) INCOME GUIDELINES FOR REDUCED PRICE LUNCHES SEC. 5. Section 9 (b) of the National School Lunch Act is amended by deleting "75 per centum" in the last sentence of said section and substituting "100 per centum". NONPROFIT PRIVATE SCHOOLS SEC. 6. Section 10 of the National School Lunch Act is amended to read as follows: "If, in any State, the State educational agency is not permitted by law to disburse the funds paid to it under this Act to nonprofit private schools in the State, or is not permitted by law to match Federal funds made available for use by such nonprofit private schools, the Secretary shall disburse the funds directly to the nonprofit private schools within said State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to schools within the State by the State educational agency, including the requirement that any such payment or payments shall be matched, in the proportion specified in section 7 for such State, by funds from sources within the State expended by nonprofit private schools within the State participating in the school lunch program under this Act. Such funds shall not be considered a part of the funds constituting the matching funds under the terms of section 7: Provided, That beginning with the fiscal year ending June 30, 1974, the Secretary shall make payments from the sums appropriated for any fiscal year for the purposes of section 4 of this Act directly to the nonprofit private schools in such State for the same purposes and subject to the same conditions as are authorized or required under this Act with respect to the disbursements by the State educational agencies.”. MISCELLANEOUS PROVISIONS AND DEFINITIONS SEC. 7. (a) Section 12(d) (3) of the National School Lunch Act is amended to read as follows: "Nonprofit private school' means any private school or nonresidential child care center offering preschool services to children, exempt from income tax under section 501 (c) (3) of the Internal Revenue Code of 1954.". (b) Section 12(d) (7) of the National School Lunch Act is amended to read as follows: "School' means any public or nonprofit private school of high school grade or under and any public or nonprofit, nonresidential child care center offering preschool services to children.". SPECIAL FOOD SERVICE PROGRAM FOR CHILDREN SEC. 8. (a) Section 13 (a) of the National School Lunch Act is amended to read as follows: (a) (1) There is hereby authorized to be appropriated such sums as are necessary for the fiscal year ending June 30, 1976, to enable the Secretary to formulate and carry out a program to assist States through grants-in-aid and other means, to initiate, or expand nonprofit food service programs for children in service institutions. For purposes of this section, the term 'service institutions' means nonresidential 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. To the maximum extent feasible, consistent with the purposes of this sec tion, special summer programs shall utilize the existing food service facilities of public and nonprofit private schools. "(2) Service institutions eligible to participate under the program authorized under section 13 of the National School Lunch Act shall be limited to those which conduct a regularly scheduled program for children from areas in which poor economic conditions exist and from areas in which there are high concentrations of working mothers, for a period of at least four weeks during the months of May through September at site locations where organized recreation activities or food services are provided for children in attendance.". (b) Section 13 (i) is deleted. SEC. 9. Section 15 of the National School Lunch Act is amended by deleting the following: "(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.". SEC. 10. Section 15(d) of the Child Nutrition Act is amended to read as follows: “School' means any public or nonprofit private school of high grade or under and any public or nonprofit, nonresidential child care center offering preschool services to children.". SEC. 11. Section 14 of the National School Lunch Act is amended by striking out "June 30, 1975" and inserting in lieu thereof "September 30, 1978" and by adding at the end thereof the following paragraph: "(3) Among the products to be included in the food donations to the school lunch program shall be such cereal and shortening and oil products as were provided in the fiscal year 1974. Such products shall be provided to the school lunch program in the same or greater quantities as were provided in the fiscal year 1974 and shall be in addition to the value of commodity donations, or cash în lieu thereof, as provided for in Section 6 of this Act.". SEC. 12. Section 6 (e) of the National School Lunch Act is amended by adding the following at the end of said section: "Provided, That not less than 75 percentum of the assistance provided under this subsection shall be in the form of foods purchased by the Department of Agriculture for the school lunch program.". SEC. 13. (a) The first sentence of subsection (a) of section 17 of the Child Nutrition Act of 1966 is amended by striking out "and June 30, 1975,” and inserting in lieu thereof "June 30, 1975, June 30, 1976, September 30, 1977, and September 30, 1978.". (b) Subsection (b) of section 17 of such Act is amended to read as follows: "(b) In order to carry out the program provided for under subsection (a) of this section during each of the fiscal years ending June 30, 1976, September 30, 1977 and September 30, 1978, there is authorized to be appropriated the sum of $200,000,000 for each such fiscal year, but in the event that such sum has not been appropriated for such purpose within thirty days after the beginning of each fiscal year, the Secretary shall use $200,000,000, or, if any amount has been appropriated for such program, the difference, if any, between the amount directly appropriated for such purpose and $200,000,000, out of funds appropriated by section 32 of the Act of August 24, 1935 (7 U.S.C. 612(e)). Any funds expended from such section 32 to carry out the provisions of subsection (a) of this section shall be reimbursed out of any supplemental appropriation hereafter enacted for the purpose of carrying out the provisions of such subsection, and such reimbursements shall be deposited into the fund established pursuant to such section 32, to be available for the purpose of such section.". (c) The amendment made by subsection (b) shall be effective after June 30, 1975. H.R. 3736, "THE NATIONAL SCHOOL LUNCH AND CHILD NUTRITION ACT AMENDMENTS OF 1975" Section 1.-This section states that the bill is cited as "the National School Lunch and Child Nutrition Act Amendments of 1975". Section 2.-This section would make permanent the authorization of appropri ations for the school breakfast program under section 4 of the Child Nutrition Act. Section 3.-This section would state as a matter of national policy that the breakfast program should be made available in all schools and that the Secretary of Agriculture must carry out a program of information to implement this policy. The Secretary would have to report to the appropriate Congressional committees within 90 days after enactment of the bill on his plans to expand the program. Section 4-The National School Lunch Act presently requires States to match every dollar of Federal funds with $3 of State and local funds for the basic school lunch program. This section would waive that requirement for the amount of Federal funds received by a State to provide free and reduced price meals. No State, however, could reduce its level of State funds due to this waiver. Section 5.-This section would amend the National School Lunch Act to provide that children eligible for reduced price meals could be from families having incomes no more than 100% above the family poverty guidelines prescribed by the Secretary annually. The present law provides that such eligibility must be limited to incomes no more than 75% in excess of the poverty guidelines. Section 6.-This section contains a technical amendment to the National School Lunch Act to make the provision authorizing direct payments to private nonprofit schools conform to the revised allocation method for school lunch funds contained in P.L. 92-433. Section 7.-This section would broaden the definitions of "nonprofit private school" and "school" contained in the National School Lunch Act to include nonprofit, nonresidential child care centers offering preschool services to children. The purpose of this amendment is to include child care facilities in the regular school lunch program instead of in a separate program as now authorized by section 13 of the Act. (See also section 8 of the bill below.) Section 8.-This section would amend the National School Lunch Act to limit the special food service program for children (section 13 of the Act) to special summer programs operated by nonresidential public and private nonprofit institutions. The preschool programs now authorized by that section would be shifted to the basic school lunch program authorized under section 4 of the Act. The reconstituted section 13 program would be reauthorized for one fiscal year, FY 1976. The preschool program would operate under the permanent authorization for the basic program contained in section 4. This section contains a new provision that institutions eligible for the summer program would have to offer regularly scheduled programs for a period of at least 4 weeks during the months of May through September at site locations where organized recreational activities or food services are provided for children in attendance. This section would also repeal authorizations for fiscal years 1972 and 1973 to use section 32 funds for purposes of the section 13 program. Section 9.-This section would repeal from the National School Lunch Act a provision regarding the availability of section 32 funds which was operative during fiscal years 1971 and 1972. Section 10.-This section would amend the Child Nutrition Act to include public and private nonprofit nonresidential child care centers offering preschool programs in the institutions eligible to receive funds under the Act. This amendment basically means that such centers would receive funds under the school breakfast and equipment programs instead of under the separate presently authorized programs for preschool and summer feeding programs, section 13 of the National School Lunch Act. Section 11.-This section would amend the National School Lunch Act to extend through FY 1978 the requirement that the Secretary draw upon section 32 funds to purchase commodities at a specified level of support for programs under the National School Lunch Act, the Child Nutrition Act, and the Older Americans Act. This section would add to the commodity distribution program the require ment that the Secretary must distribute cereals and shortening and oil products at the level that they were provided in FY 1974 to eligible institutions, in addition to the regular commodity donations or payments of cash in lieu of commodities. Section 12.-Section 6 of the National School Lunch Act requires the Secretary either to make direct distributions of commodities to eligible institutions or to provide these institutions with cash payments equivalent to the commodities they would otherwise receive. This section would amend that provision to require that no less than 75% of the assistance provided must be in the form of foods purchased by the Department for the school lunch program. Section 13.-This section would amend the Child Nutrition Act to extend the special supplemental food program, section 17 of the Act, through FY 1978. This program is commonly called the "W.I.C." program. This section would also amend the authorization of appropriations for the W.I.C. program by increasing it to $200,000,000 a year instead of the presently authorized $100,000,000 a year. Chairman PERKINS. The committee will come to order. The Subcommittee on Elementary, Secondary, and Vocational Education is holding a hearing this morning on H.R. 3736. Before the |