86 STAT. 729 Equipment survey. Ante, pp. 727, 80 Stat. 889; 84 Stat. 212. 60 Stat. 230; 85 Stat. 85. 42 USC 1751 note. 60 Stat. 232. 84 Stat. 211. 42 USC 1759a. 80 Stat. 885. 42 USC 1771 note. 49 Stat. 774. Appropriation. a food service. If any State cannot utilize all the funds apportioned to it under the provisions of this subsection to assist schools in the State without a food service, the Secretary shall make further apportionments to the remaining States in the same manner set forth in this subsection for apportioning funds among all the States and such remaining States, or the Secretary in the case of nonprofit private schools, shall use the additional funds so apportioned or withheld only to assist schools in the State without a food service. Payments to any State of the funds apportioned under the provisions of this paragraph shall be made upon condition that at least one-fourth of the cost of equipment financed shall be borne by funds from sources within the State, except that such condition shall not apply with respect to funds used under this section to assist schools without food service if such schools are especially needy, as determined by the State." (e) To assist the Congress in determining the amounts needed annually, the Secretary is directed to conduct a survey among the States and school districts on unmet needs for equipment in schools eligible for assistance under section 5 of the Child Nutrition Act. The results of such survey shall be reported to the Congress by June 30, 1973. SEC. 7. After the first sentence of section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) add the following new sentence: "Such regulations shall not prohibit the sale of competitive foods in food service facilities or areas during the time of service of food under this Act or the National School Lunch Act if the proceeds from the sales of such foods will inure to the benefit of the schools or of organizations of students approved by the schools." SEC. 8. Section 8 of the National School Lunch Act (42 U.S.C. 1757) is amended by deleting the phrase "reimbursing it for" in the second sentence thereof and inserting in lieu thereof the following: "assisting it to finance" and by adding at the end of such section the following sentence: "Lunch assistance disbursements to schools under this section and under section 11 of this Act may be made in advance or by way of reimbursement in accordance with procedures prescribed by the Secretary." SEC. 9. The Child Nutrition Act of 1966 is further amended by adding at the end thereof. new section as follows: "SPECIAL SUPPLEMENTAL FOOD PROGRAM "SEC. 17. (a) During each of the fiscal years ending June 30, 1973, and June 30, 1974, the Secretary shall make cash grants to the health department or comparable agency of each State for the purpose of providing funds to local health or welfare agencies or private nonprofit agencies of such State serving local health or welfare needs to enable such agencies to carry out a program under which supplemental foods will be made available to pregnant or lactating women and to infants determined by competent professionals to be nutritional risks because of inadequate nutrition and inadequate income. Such program shall be operated for a two-year period and may be carried out in any area of the United States without regard to whether a food stamp program or a direct food distribution program is in effect in such area. "(b) In order to carry out the program provided for under subsection (a) of this section during the fiscal year ending June 30, 1973, the Secretary shall use $20,000,000 out of funds appropriated by section 32 of the Act of August 24, 1935 (7 U.S.C. 612(c)). In order to carry out such program during the fiscal year ending June 30, 1974, there is authorized to be appropriated the sum of $20,000,000, but in 86 STAT. 730 the event that such sum has not been appropriated for such purpose by August 1, 1973, the Secretary shall use $20,000,000, or, if any amount has been appropriated for such program, the difference, if any, between the amount directly appropriated for such purpose and $20,000,000, out of funds appropriated by section 32 of the Act of August 24, 1935 (7 U.S.C. 612(c)). Any funds expended from such section 32 to carry 49 Stat. 774. 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) Whenever any program is carried out by the Secretary under Administrative authority of this section through any State or local or nonprofit costs, limiagency, he is authorized to pay administrative costs not to exceed tation. 10 per centum of the Federal funds provided under the authority of this section. "(d) The eligibility of persons to participate in the program pro- Eligibility. vided for under subsection (a) of this section shall be determined by competent professional authority. Participants shall be residents of areas served by clinics or other health facilities determined to have significant numbers of infants and pregnant and lactating women at nutritional risk. Medical rec "(e) State or local agencies or groups carrying out any program under this section shall maintain adequate medical records on the ords. participants assisted to enable the Secretary to determine and evaluate the benefits of the nutritional assistance provided under this section. The Secretary and Comptroller General of the United States shall Reports to submit preliminary evaluation reports to the Congress not later than Congress. October 1, 1973; and not later than March 30, 1974, submit reports containing an evaluation of the program provided under this section and making recommendations with regard to its continuation. "(f) As used in this section “(1) 'Pregnant and lactating women' when used in connection with the term at 'nutrition risk' includes mothers from low-income populations who demonstrate one or more of the following characteristics: known inadequate nutritional patterns, unacceptably high incidence of anemia, high prematurity rates, or inadequate patterns of growth (underweight, obesity, or stunting). Such term (when used in connection with the term 'at nutritional risk') also includes low-income individuals who have a history of high-risk pregnancy as evidenced by abortion, premature birth, or severe anemia. "(2) 'Infants' when used in connection with the term ‘at nutritional risk' means children under four years of age who are in low-income populations which have shown a deficient pattern of growth, by minimally acceptable standards, as reflected by an excess number of children in the lower percentiles of height and weight. Such term, when used in connection with 'at nutritional risk', may also include (at the discretion of the Secretary) children under four years of age who (A) are in the parameter of nutritional anemia, or (B) are from low-income populations where nutritional studies have shown inadequate infant diets. "(3) 'Supplemental foods' shall mean those foods containing nutrients known to be lacking in the diets of populations at nutritional risks and, in particular, those foods and food products containing high-quality protein, iron, calcium, vitamin A, and vitamin C. Such term may also include (at the discretion of the Definitions. 86 STAT. 731 60 Stat. 232; 84 Stat. 212. Secretary) any food product commercially formulated preparation specifically designed for infants. "(4) Competent professional authority' includes physicians, nutritionists, registered nurses, dieticians, or State or local medically trained health officials, or persons designated by physicians or Štate or local medically trained health officials as being competent professionally to evaluate nutritional risk." SEC. 10. Section 7 of the National School Lunch Act (42 U.S.C. 1756) is amended by inserting the words "for the preceding fiscal year" after the phrase "per centum of the matching requirement" each time such phrase appears in such section. Approved September 26, 1972. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-1170 (Comm. on Education and Labor) and SENATE REPORTS: No. 92-1027 (Comm. on Agriculture and Forestry) and CONGRESSIONAL RECORD, Vol. 118 (1972): June 29, considered and passed House. Aug. 16, 17, considered and passed Senate, amended. Sept. 13, Senate agreed to conference report; House agreed to conference report, receded and concurred in Senate amendment. 92nd Congress, S. J. Res. 265 Joint Resolution To provide grants for Allen J. Ellender fellowships to disadvantaged secondary school students and their teachers to participate in a Washington public affairs program. Whereas Allen J. Ellender, a Senator from Louisiana and President pro tempore of the United States Senate, had a distinguished career in public service characterized by extraordinary energy and real concern for young people and the development of greater opportunities for active and responsible citizenship by young people; and Whereas Senator Ellender provided valuable support and encouragement to the Close Up Foundation, a nonpartisan, nonprofit foundation promoting knowledge and understanding of the Federal Government among young people and their educators; and Whereas it is a fitting and appropriate tribute to the beloved Senator Ellender to provide in his name an opportunity for participation, by students of limited economic means and by their teachers, in the program supported by the Close Up Foundation: Now, therefore, be it 86 STAT. 907 86 STAT. 908 Resolved by the Senate and House of Representatives of the United Allen J. States of America in Congress assembled. That (a) the Commissioner Ellender of Education (hereinafter referred to as the "Commissioner") is fellowships. authorized to make grants in accordance with the provisions of this Grants to Close joint resolution to the Close Up Foundation of Washington, District Up Foundation, of Columbia, a nonpartisan, nonprofit foundation, for the purpose of Washington, D.C. assisting the Close Up Foundation in carrying out its program of increasing understanding of the Federal Government among secondary school students, their teachers, and the communities they represent. (b) Grants received under this joint resolution shall be used only for financial assistance to economically disadvantaged students and their teachers who participate in the program described in subsection (a) of this section. Financial assistance received pursuant to this joint resolution by such students and teachers shall be known as Allen J. Ellender fellowships. SEC. 2. (a) No grant under this joint resolution may be made except Application. upon an application at such time, in such manner, and accompanied by such information as the Commissioner may reasonably require. (b) Each such application shall contain provisions to assure (1) that not more than one thousand five hundred fellowship grants are made to economically disadvantaged secondary school students, and to secondary school teachers, in any fiscal year; (2) that not more than one secondary school teacher in each such school participating in the program may receive a fellowship grant in any fiscal year; and (3) the proper disbursement of the funds of the United States received under this joint resolution. SEC. 3. (a) Payments under this joint resolution may be made in Payments. installments, in advance, or by way of reimbursement, with necessary adjustments on account of underpayment or overpayment. (b) The Comptroller General of the United States or any of his duly Audit. authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to any grant under this joint resolution. 86 STAT, 908 "Seo ondary school." Appropriation. SEC. 4. For the purpose of this joint resolution, the term "secondary school" means a day or residential school which provides secondary education, as determined under State law, except that it does not include any education beyond grade twelve. SEC. 5. There are authorized to be appropriated not to exceed $500,000 for the fiscal year ending June 30, 1973, and for each of the two succeeding fiscal years to carry out the provisions of this joint resolution. Approved October 19, 1972. LEGISLATIVE HISTORY: SENATE REPORT No. 92-1247 (Comm. on Labor and Public Welfare). Oct. 2, considered and passed Senate. |