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ESTABLISHING A SPECIAL SUMMER LUNCH PROGRAM

WEDNESDAY, MARCH 9, 1966

HOUSE OF REPRESENTATIVES,

SELECT SUBCOMMITTEE ON EDUCATION

OF THE COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C.

The subcommittee met at 10 a.m., pursuant to notice, in room 2257 of the Rayburn House Office Building, Hon. Roman C. Pucinski (chairman of the subcommittee), presiding.

Present: Representatives Pucinski, Scheuer, Meeds, and Andrews. Also present: Jay H. Foreman, counsel to the subcommittee, and Ardyce E. Harrison, clerk to the subcommittee.

Mr. PUCINSKI. The subcommittee will come to order.

The Select Subcommittee on Education is meeting this morning to begin hearings on H.R. 9339, introduced by our colleague from New York, Representative James H. Scheuer.

H.R. 9339 would establish a special summer lunch program to complement the existing national school lunch program.

There exists in the United States today a scandalous situtation. Some 17 million children receive their lunches during the school year. We know that for a substantial number of these children the only decent meal that they receive is their school lunch.

What happens to these youths during the 3 months of summer vacation? Certainly there is no less a need for nourishment during these months, yet the existing Federal legislation makes no provision for this situation.

Congressman Scheuer's bill provides a remedy for this situation by providing for a lunch program for youth between the ages of 6 and 16 who participate in summer youth centers, including community action programs approved under the Economic Opportunity Act.

The great need for this legislation is abundantly clear. We are conducting these hearings to learn from the experts and interested persons how we can best implement this important humane program. At this point, I would request unanimous consent to insert H.R. 9339 in the hearing record. So ordered.

(The bill follows:)

[H.R. 9339, 89th Cong., 1st Sess.]

A BILL To protect the health and well-being of the Nation's children by establishing a special summer lunch program

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 "Special Summer Lunch Program for Children Act".

DECLARATION OF PURPOSE

SEC. 2. It is hereby declared to be the purpose of this Act to further safeguard the health and well-being of the Nation's children and to encourage the domestic

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consumption of nutritious agricultural commodities and other food, by establishing a special summer lunch program for children to complement the regular school lunch program carried out under the National School Lunch Act.

APPROPRIATIONS AUTHORIZED

SEC. 3. For each fiscal year there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as the "Secretary") to carry out the provisions of this Act.

SPECIAL SUMMER LUNCH PROGRAM FOR CHILDREN

SEC. 4. The Secretary shall formulate and carry out a special summer lunch program for children as provided in this Act under which lunches shall be made available for children between the ages of six and sixteen, inclusive, attending public recreation centers, public or private nonprofit day camps, public or private nonprofit neighborhood child centers, public or private nonprofit summer camps, or any similar public or private nonprofit activity organized to promote the health or recreation of children, including a community action program organized for such a purpose and approved under title II of the Economic Opportunity Act of 1964 (all of the foregoing hereinafter referred to as "summer youth centers"). The sums appropriated for any fiscal year for carrying out such program, excluding the sum specified in section 5, shall be available to the Secretary for supplying agricultural commodities and other foods for the program in accordance with the provisions of this Act. The Secretary shall apportion among the States during each fiscal year not less than 75 per centum of the funds made available for such year for supplying agricultural commodities and other foods under the provisions of section 3 of this Act. The Secretary shall apportion funds among the States on the same basis, insofar as practicable, as funds are apportioned under section 4 of the National School Lunch Act to carry out the national school lunch_program. The program authorized under this Act shall be carried out in a State only during the summer vacation period when the elementary and high schools of such State are normally closed or open only on a limited summer schedule.

NONFOOD ASSISTANCE

SEC. 5. Of the sums appropriated for any fiscal year to carry out the special summer lunch program for children authorized by this Act, $5,000,000 shall be available to the Secretary for the purpose of providing during such fiscal year, nonfood assistance for such special program pursuant to the provisions of this Act. The Secretary shall apportion among the States during each fiscal year the aforesaid sum of $5,000,000, and such apportionment among the States shall be on the same basis as the apportionment of funds for agricultural commodities and other foods is made under section 4 of this Act.

DIRECT FEDERAL EXPENDITURES

SEC. 6. The funds appropriated for any fiscal year for carrying out the provisions of this Act, less not to exceed 31⁄2 per centum thereof hereby made available to the Secretary for his administrative expenses, and less the amount apportioned by him pursuant to sections 4, 5, and 10, shall be available to the Secretary during such year for direct expenditure by him for agricultural commodities and other foods to be distributed among the States and summer youth centers participating in the special program under this Act in accordance with the needs as determined by the appropriate local authorities. The provisions of law contained in the proviso of the Act of June 28, 1937 (50 Stat. 323), facilitating operations with respect to the purchase and disposition of surplus agricultural commodities under section 32 of the Act approved August 24, 1935 (49 Stat. 774), as amended, shall, to the extent not inconsistent with the provisions of this Act, also be applicable to expenditures of funds by the Secretary under this Act.

PAYMENTS TO STATES

SEC. 7. Funds apportioned to any State pursuant to section 4 or 5 of this Act during any fiscal year shall be available for payment to such State for disbursement by the appropriate State agency, in accordance with such agreements not inconsistent with the provisions of this Act, as may be entered into by the Secretary and such State agency, for the purpose of assisting summer youth centers of

that State during such fiscal year, in supplying (1) agricultural commodities and other foods for consumption by children between the ages of six and sixteen, inclusive, and (2) nonfood assistance in furtherance of the special summer lunch program for children authorized under this act. Such payments to any State in any fiscal year shall be made upon the condition that an amount equal to not less than 10 per centum of such payments will be matched during such year from sources within the State determined by the Secretary to have been expended in connection with the special summer lunch program for children carried out under this Act. For the purpose of determining whether the matching requirements of this section and section 10, respectively, have been met, the reasonable value of donated services, supplies, facilities, and equipment as certified, respectively, by the appropriate State agency and in case of summer youth centers receiving funds pursuant to section 10, by such summer youth centers (but not the cost or value of land, of the acquisition, construction, or alteration of buildings or commodities donated by the Secretary, or of Federal contributions, or the cost or value of any facility paid for in whole or part with funds counted as matching funds under the National School Lunch Act), may be regarded as funds from sources within the State expended in connection with the special summer lunch 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.

STATE DISBURSEMENT TO SUMMER YOUTH CENTERS

SEC. 8. Funds paid to any State during any fiscal year pursuant to section 4 or 5 of this Act shall be disbursed by the appropriate State agency, in accordance with such agreements approved by the Secretary as may be entered into by such State agency and the summer youth centers in the State, to those summer youth centers in the State which the State agency, taking into account need and attendance, determines are eligible to participate in the special summer lunch program for children authorized by this Act. Such disbursement to any summer youth center 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 special summer lunch program for children 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 summer youth center for any fiscal year exceed an amount determined by multiplying the number of lunches served in the summer youth center under the special summer lunch program for children during such year by the maximum Federal food-cost contribution rate for the State, for the type of lunch served, as prescribed by the Secretary.

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SEC. 9. Lunches served by summer youth centers under this Act 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 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 summer youth center because of his inability to pay. Lunch programs under this Act shall be operated on a nonprofit basis. Each summer youth center 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 summer youth center area, or commodities donated by the Secretary. Commodities purchased under the authority of section 32 of the Act of August 24, 1935 (49 Stat. 774), as amended, may be donated by the Secretary to summer youth centers, in accordance with the needs as determined by local authorities, for utilization in the special summer lunch program under this Act.

NONPROFIT PRIVATE SUMMER YOUTH CENTERS

SEC. 10. If, in any State, the appropriate State agency is not permitted by law to disburse the funds paid to it under this Act to nonprofit private summer youth centers in the State, or is not permitted by law to match Federal funds made available for use by such nonprofit private summer youth center, the Secretary shall withhold from the funds apportioned to any such State under sections 4 and 5 of

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