Revised Edition of Laws Applicable to the United States Department of Agriculture, 1945

§ 1756. Payments to States; matching payments by States.Funds apportioned to any State pursuant to sections 1753 or 1754 of this title during any fiscal year shall be available for payment to such State for disbursement by the State educational agency, in accordance with such agreements not inconsistent with the provisions of this chapter, as may be entered into by the Secretary and such State educational agency, for the purpose of assisting schools of that State during such fiscal year, in supplying (1) agricultural commodities and other foods for consumption by children and (2) nonfood assistance in furtherance of the school-lunch program authorized under this chapter. Such payments to any State in any fiscal year during the period 1947 to 1950, inclusive, shall be made upon condition that each dollar thereof will be matched during such year by $1 from sources within the State determined by the Secretary to have been expended in connection with the school-lunch program under this chapter. Such payments in any fiscal year during the period 1951 to 1955, inclusive, shall be made upon condition that each dollar thereof will be so matched by one and one-half dollars; and for any fiscal year thereafter, such payments shall be made upon condition that each dollar will be so matched by $3. In the case of any State whose per capita income is less than the per capita income of the United States, the matching required for any fiscal year shall be decreased by the percentage which the State per capita income is below the per capita income of the United States. For the purpose of determining whether the matching requirements of this section and section 1759 of this title, respectively, have been met, the reasonable value of donated services, supplies, facilities, and equipment as certified, respectively, by the State educational agency and in case of schools receiving funds pursuant to section 1759 of this title, by such schools (but not the cost or value of land, of the acquisition, construction, or alteration of buildings of commodities donated by the Secretary, or of Federal contributions), may be regarded as funds from sources within the State expended in connection with the schoollunch program. 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 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. (June 4, 1946, ch. 281, § 7, 60 Stat. 232.)

§ 1757. State disbursement to schools; purpose; food costs; limitation.-Funds paid to any State during any fiscal year pursuant to sections 1753 or 1754 of this title shall be disbursed by the State educational agency, in accordance with such agreements approved by the Secretary as may be entered into by such State agency and the schools in the State, to those schools in the State which the State educational agency, taking into account need and attendance, determines are eligible to participate in the school-lunch program. Such disbursement to any school shall be made only for the purpose of reimbursing it for the cost of obtaining agricultural commodities and other foods for consumption by children in the school-lunch program and nonfood assistance in connection with such program. Such food costs may include, in addition to the purchase price of agricultural commodities and other foods, the cost of processing, distributing, transporting, storing, or handling thereof. In no event shall such disbursement for food to any

school for any fiscal year exceed an amount determined by multiplying the number of lunches served in the school in the school-lunch program under this chapter during such year by the maximum Federal foodcost contribution rate for the State, for the type of lunch served, as prescribed by the Secretary. (June 4, 1946, ch. 281, § 8, 60 Stat. 232.) §1758. Nutritional and other program requirements; donation of agricultural commodities.-Lunches served by schools participating in the school-lunch program under this chapter shall meet minimum nutritional requirements 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 who are determined by local school authorities to be unable to pay the full cost of the lunch. No physical segregation of or other discrimination against any child shall be made by the school because of his inability to pay. School-lunch programs under this chapter shall be operated on a nonprofit basis. Each school shall, insofar as practicable, utilize in its lunch program, commodities designated from time to time by the Secretary as being in abundance, either nationally or in the school area, or commodities donated by the Secretary. Commodities purchased under the authority of section 612c of Title 7 may be donated by the Secretary to schools, in accordance with the needs as determined by local school authorities, for utilization in the school-lunch program under this chapter as well as to other schools carrying out nonprofit school-lunch programs and institutions authorized to receive such commodities. (June 4, 1946, ch. 281, § 9, 60 Stat. 233.)

§ 1759. Disbursement to nonprofit private schools; conditions.— If, in any State, the State educational agency is not permitted by law to disburse the funds paid to it under this chapter 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 withhold from the funds apportioned to any such State under sections 1753 and 1754 of this title the same proportion of the funds as the 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. The Secretary shall disburse the funds so withheld 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 1756 of this title 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 chapter. Such funds shall not be considered a part of the funds constituting the matching funds under the terms of section 1756 of this title. (June 4, 1946, ch. 281, § 10, 60 Stat. 233.)

§ 1760. State accounts and records; inspection and audit; period of retention; definition.-(a) States, State educational agencies, and schools participating in the school-lunch program under this chapter shall keep such accounts and records as may be necessary to enable the Secretary to determine whether the provisions of this chapter are being complied with. Such accounts and records shall at all times be available for inspection and audit by representatives of the Secretary and

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shall be preserved for such period of time, not in excess of five years, as the Secretary determines is necessary.

(b) The Secretary shall incorporate, in his agreements with the State educational agencies, the express requirements under this chapter with respect to the operation of the school-lunch program under this chapter insofar as they may be applicable and such other provisions as in his opinion are reasonably necessary or appropriate to effectuate the purposes of this chapter.

(c) In carrying out the provisions of this chapter, neither the Secretary nor the State shall impose any requirement with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction in any school. If a State maintains separate schools for minority and for majority races, no funds made available pursuant to this chapter shall be paid or disbursed to it unless a just and equitable distribution is made within the State, for the benefit of such minority races, of funds paid to it under this chapter.

(d) For the purposes of this chapter

(1) "State" includes any of the forty-eight States and the District of Columbia, Territory of Hawaii, Puerto Rico, Alaska, and the Virgin Islands.

(2) "State educational agency" means, as the State legislature may determine, (a) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (b) a board of education controlling the State department of education; except that in the District of Columbia it shall mean the Board of Education, and except that for the period ending June 30, 1948, "State educational agency" may mean any agency or agencies within the State designated by the Governor to carry out the functions herein required of a State educational agency.

(3) "Nonprofit private school" means any private school exempt from income tax under section 101 (6) of Title 26.

(4) "Nonfood assistance" means equipment used on school premises in storing, preparing, or serving food for school children. (June 4, 1946, ch. 281, § 11, 60 Stat. 233.)

Sec.

TITLE 44-PRINTING AND DOCUMENTS

Superintendent of Documents

71. Superintendent of Documents; sale of documents.

ADVERTISEMENTS

§ 321. Publication of laws discontinued; proclamations and treaties; advertisements for contracts in District of Columbia.After March 4, 1875, the laws shall not be published in newspapers. All executive proclamations, and all treaties required by law to be published, shall be published in only one newspaper, the same to be printed and published in the District of Columbia and to be designated by the Secretary of State; and in no case of advertisement for contracts for the public service shall the same be published in any newspaper published and printed in the District of Columbia unless the supplies or labor covered by such advertisement are to be furnished or performed in said District of Columbia or in the adjoining counties of Maryland or Virginia. (As amended Aug. 2, 1946, ch. 744, § 17 (b), 60 Stat. 811.)

Act Aug. 2, 1946, cited to text, added "or in the adjoining counties of Maryland or Virginia" at end of section.

R. S. §§ 3823, 3824 and 3825, set out in historical note to this section, was repealed by Act Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1431.

R. S. § 79 from Act May 8, 1872, ch. 140, § 1, 17 Stat. 66; Act June 20, 1874, ch. 328, 18 Stat. 90; Act June 20, 1874, ch. 334, 18 Stat. 115; Act June 23, 1874, ch. 456, § 4, 18 Stat. 232; Act Feb. 18, 1875, ch. 80, § 1, 18 Stat. 317.

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§ 323. Repealed. Aug. 2, 1946, ch. 744, § 17 (a), 60 Stat. 811.

DISPOSITION OF RECORDS

§ 369. Lists and schedules of records lacking preservation value; submission to Congress by Archivist.-The Archivist shall submit to Congress, at such times as he shall deem expedient, the lists or schedules submitted to him in accordance with the provisions of section 368 of this title, or parts of such lists or schedules, and lists or schedules of any records in his legal custody, insofar as it shall appear to him that the records listed in such lists or schedules do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the United States Government: Provided, That the Archivist shall not submit to Congress lists or schedules of records of any existing agency of the Government in his legal custody without first having obtained the written consent of the head of such agency.

The Archivist may also submit to Congress, together with recommendations of the National Archives Council with respect thereto, and at such times as he may deem expedient, schedules proposing the disposal, after the lapse of specified periods of time, of records of a specified form or character common to several or all agencies that either have accumulated or may accumulate in such agencies and that apparently will not, after the lapse of the periods specified, have sufficient administrative legal, research, or other value to warrant their further preservation by the United States Government. (July 7, 1943, ch. 192, § 4, 57 Stat. 381, as amended July 6, 1945, ch. 273, § 1 (a), 59 Stat. 434.)

AMENDMENTS

1945-Act July 6, 1945, cited to text, amended section by adding the second

par.

§ 371. Same; disposal of records by head of Government agency upon notification by Archivist of action by joint congressional committee. If the joint committee reports that any of the records listed in a list or schedule referred to it do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Government, the Archivist shall notify the agency or agencies having such records in their custody of the action of the joint committee and such agency or agencies shall cause such records to be disposed of in accordance with regulations promulgated as provided in section 367 of this title: Provided, That authorization granted pursuant to schedules submitted under the last paragraph of section 369 of this title shall be permissive and not mandatory. (July 7, 1943, ch. 192, § 6, 57 Stat. 381, as amended July 6, 1945, ch. 273, § 1 (b), 59 Stat. 434.)

AMENDMENTS

1915-Act July 6, 1945, cited to text, amended section by omitting "the head of" following "shall notify" wherever appearing, inserting "or agencies" following "the agency" wherever appearing, omitting "by which the list or schedule was submitted" and inserting in lieu thereof "having such records in their custody", and by adding proviso.

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Revised Edition of Laws Applicable to the United States Department ..., Volume 1