Public Law 94-43 An Act Relating to the operation of certain education laws, 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 "Emergency Technical Provisions Act". AVAILABILITY OF FUNDS FOR COLLEGE WORK-STUDY PROGRAMS SEC. 2. Section 446 of the Higher Education Act of 1965 is amended by inserting "(a)" after "SEC. 446." and by adding the following new subsection at the end thereof: Emergency 42 USC 2756 42 USC 2756. (b) Sums granted to an eligible institution under this part for any fiscal year which are not needed by that institution to operate workstudy programs during the period for which such funds are available shall remain available to the Commissioner for making grants under section 443 to other institutions in the same State until the close of the 42 USC 2753. fiscal year next succeeding the fiscal year for which such funds were appropriated." DURATION OF THE NATIONAL ADVISORY COUNCIL ON EQUALITY SEC. 3. Section 716(b) of the Emergency School Aid Act is amended by striking out “July 1, 1975" and inserting in lieu thereof "September 30, 1976". AVAILABILITY OF BASIC EDUCATIONAL OPPORTUNITY GRANTS SEC. 4. Funds appropriated for making payments of basic educational opportunity grants, during fiscal year 1975, under subpart 1 of part A of title IV of the Higher Education Act of 1965 to eligible students in accordance with the payment schedule in effect under section 411(b) for fiscal year 1975 which are in excess of the amount paid under such section prior to the end of such fiscal year shall remain available for payments under such section during fiscal year 1976. Pub. Law 94-43 June 28, 1975 42 USC 2756 note. 20 USC 1232, EFFECTIVE DATE SEC. 5. (a) The amendment made by the provisions of section 2 of this Act shall be effective with respect to appropriations for fiscal years beginning after June 30, 1974. (b) Subsections (b) and (d) of section 431 of the General Education Provisions Act shall not operate to delay the effectiveness of regulations issued by the Commissioner of Education to implement the provisions of this Act. Approved June 28, 1975. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-55 (Comm. on Education and Labor) and SENATE REPORT No. 94-141 (Comm. on Labor and Public Welfare) Mar. 18, considered and passed House, May 20, considered and passed Senate, amended, June 10, Senate agreed to conference report. June 16, House agreed to conference report, 89 STAT. 234 Public Law 94-105 94th Congress, H. R. 4222 October 7, 1975 An Act To amend the National School Lunch Act and the Child Nutrition Act of 1966 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 Act and Child Nutrition Act of 1966 Amendments of 1975". SCHOOL BREAKFAST PROGRAM SEC. 2. Section 4(a) of the Child Nutrition Act of 1966 (80 Stat. 885, as amended) is amended by striking out "for the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975,". National of 1975. 42 USC 1751 note. SEC. 3. Section 4 of the Child Nutrition Act of 1966 is amended by 42 USC 1773. adding at the end thereof the following new subsection: "(g) 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 4 months after the enactment of this subsection, 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.". DIRECT FEDERAL EXPENDITURES SEC. 4. Section 6(b) of the National School Lunch Act (60 Stat. 230, as amended) is amended (a) By striking out "nonprofit private" the first time such term occurs in the proviso of the third sentence and inserting in lieu thereof "any of the". (b) By striking out "nonprofit private" the second time such term. occurs in the proviso of the third sentence and inserting in lieu thereof "such". (c) By striking out "nonprofit private" where such term occurs in the fourth sentence. MATCHING Report to 42 USC 1755. SEC. 5. Section 7 of the National School Lunch Act is amended by 42 USC 1756. inserting after the seventh sentence thereof the following new sentence: "The requirement in this section that each dollar of Federal assistance be matched by $3 from sources within the State (with adjustments for the per capita income of the State) shall not be applicable with respect to the payments made to participating schools under section 4 of this Act for free and reduced price lunches: Provided, 42 USC 1753. That the foregoing provision shall not affect the level of State matching required by the sixth sentence of this section.". 89 STAT. 511 42 USC 1758. Effective date. Computation. Pub. Law 94-105 October 7, 1975 INCOME GUIDELINES FOR REDUCED PRICE LUNCHES AND MODIFICATION OF SEC. 6. Section 9 of the National School Lunch Act is amended as follows: (a) Subsection (a) is amended by adding at the end thereof the following new sentences: "The Secretary shall establish, in cooperation with State educational agencies, administrative procedures, which shall include local educational agency and student participation, designed to diminish waste of foods which are served by schools participating in the school lunch program under this Act without endangering the nutritional integrity of the lunches served by such schools. Students in senior high schools which participate in the school lunch program under this Act shall not be required to accept offered foods which they do not intend to consume, and any such failure to accept offered foods shall not affect the full charge to the student for a lunch meeting the requirements of this subsection or the amount of payments made under this Act to any such school for such a lunch.". (b) Subsection (b) is amended (1) By inserting "(1)" immediately after the subsection designation. (2) By striking out in the fifth sentence thereof the following: ", if a school elects to serve reduced-price lunches". (3) By inserting immediately after the fifth sentence thereof the following new sentence: "Any child who is eligible for a reduced price lunch under income guidelines prescribed for schools in that State under the preceding sentence shall be served a reduced price lunch.". (4) By adding at the end thereof the following new sentence: "Notwithstanding any other provision of this subsection, beginning with the fiscal year ending June 30, 1976, the income guidelines prescribed by each State educational agency for reduced price lunches for schools in that State under the fifth sentence of this paragraph shall be 95 per centum above the applicable family size income levels in the income poverty guidelines prescribed by the Secretary, and any child who is a member of a household, if that household has an annual income which falls between (A) the applicable family size income level of the income guidelines for free lunches prescribed by the State educational agency and (B) 95 per centum above the applicable family size income levels in the income poverty guidelines prescribed by the Secretary, shall be served a reduced price lunch at a price not to exceed 20 cents.". (c) Effective January 1, 1976, paragraph (1) of subsection (b) is revised to read as follows: "(b) (1) No later than June 1 of each fiscal year, the Secretary shall issue revised income poverty guidelines for use during the subsequent 12-month period from July through June. Such revisions shall be made by multiplying the income poverty guideline currently in effect by the change in the Consumer Price Index for the 12-month period ending in April of such fiscal year: Provided, That such revision for use from July 1976 through June 1977 shall be made by multiplying the income poverty guideline currently in effect by the change between the average 1974 Consumer Price Index and the Consumer Price Index for April 1976. Any child who is a member of a household which has an annual income not above the applicable family-size income level set forth in the income poverty guidelines prescribed by the Sec 89 STAT. 512 October 7, 1975 Pub. Law 94-105 retary shall be served a free lunch. Following the announcement by the Secretary of the income poverty guidelines for each 12-month period, each State educational agency shall prescribe the income guidelines, by family size, to be used by schools in the State during such 12-month period in making determinations of those eligible for a free lunch as prescribed in this section. The income guidelines for free lunches to be prescribed by each State educational agency shall not be less than the applicable family-size income levels in the income poverty guidelines prescribed by the Secretary and shall not be more than 25 per centum above such family-size income levels. Each fiscal year, each State educational agency shall also prescribe income guidelines, by family size, to be used by schools in the State during the 12-month period from July through June in making determinations of those children eligible for a lunch at a reduced price, not to exceed 20 cents. Such income guidelines for reduced-price lunches shall be prescribed at 95 per centum above the applicable family size income levels in the income poverty guidelines prescribed by the Secretary. Any child who is a member of a household, if that household has an annual income which falls between (A) the applicable family size income level of the income guidelines for free lunches prescribed by the State educational agency and (B) 95 per centum above the applicable family size income levels in the income poverty guidelines prescribed by the Secretary, shall be served a reduced price lunch at a price not to exceed 20 cents. Local school authorities shall publicly announce such income guidelines on or about the opening of school each fiscal year, and shall make determinations with respect to the annual incomes of any household solely on the basis of a statement executed in such form as the Secretary may prescribe by an adult member of such household: Provided, That such local school authorities may for cause seek verification of the data in such application. No physical segregation of or other discrimination against any child eligible for a free lunch or a reduced price lunch shall be made by the school nor shall there be any overt identification of any child by special tokens or tickets, announced or published lists of names, or by other means. For purposes of this subsection, 'Consumer Price Index' means the Consumer Price Index published each month by the Bureau of Labor Statistics of the Department of Labor.". (d) Subsection (b) is further amended by adding at the end thereof the following new paragraph (2): Public announcement. Discrimination, overt identification, prohibited. "Consumer Price Index." Parents or guardians, Public announcement. "(2) Any child who has a parent or guardian who (A) is responsible for the principal support of such child and (B) is unemployed shall be served a free or reduced price lunch, respectively, during unemployment. any period (i) in which such child's parent or guardian continues to be unemployed and (ii) the income of the child's parents or guardians during such period of unemployment falls within the income eligibility criteria for free lunches or reduced price lunches, respectively, based on the current rate of income of such parents or guardians. Local school authorities shall publicly announce that such children are eligible for a free or reduced price lunch, and shall make determinations with respect to the status of any parent or guardian of any child under clauses (A) and (B) of the preceding sentence solely on the basis of a statement executed in such form as the Secretary may prescribe by such parent or guardian. No physical segregation of, or other discrimination against, any child eligible for a free or reduced price lunch under this paragraph shall be made by the school nor shall there be any overt identification of any such child by special tokens or 89 STAT. 513 Discrimination, overt identifi cation, prohibited. |