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B-178564 1 (1976-01-21)

handle is hein.gao/gaobaddso0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D. C. 20548 13~I FILE: B.178564 A MATTER OF: Project E.A.T. DIGEST: DATE: JAN 2 1 C1t1ci -7 Ordinarily, expenditures of service institution in providing free meals to needy children under National School Lunch Act may not be reimbursed where regulatory requirement of obtaining tax exempt certification from Internal Revenue Service was not met. However, GAO- will not object to payment under particular facts of this case since needy children were actually fed if Secretary of Agriculture determines that service institution was nonprofit as required by statute and that failure to obtain certification was result of good faith misunderstanding. The Department of Agriculture (USDA) has requested a decision from this Office concerning the propriety of reimbursing a Summer Special Food Service Program sponsor, Project E.A.T. of San Diego, California for expenses incurred in feeding needy children from June 16 to July 31, 1975. The program is authorized by section 13 of the National School Lunch Act, as amended, 42 U.S.C. § 1761, which provides Federal assistance to approved public or private non-profit service institutions (sponsors) who furnish specified food services to needy children at approved lunch sites. The program is administered at the Federal level by the Food and Nutrition Service (FNS) of the Department of Agriculture which in turn operates through designated State agencies (with certain exceptions not here relevant). Project E.A.T. (Environmental Advocates Together), a service organization, applied to the State of California Department of Education Office of Food Nutrition Services (OFNS), (which is the designated State agency to administer the program in the State of California) for participation as a sponsor in the Summer Special Food Service Program. On June 12, 1975, Daniel A. Tanner, the Executive Director of Project E.A.T. signed a sponsor's agreement with OFNS to conduct the program and was provided an initial advance authorization of $350,000 later increased to $700,000. CECISION

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