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B-178564 1 (1977-12-28)

handle is hein.gao/gaobadflu0001 and id is 1 raw text is: I - . , . . * '. -,Itr- .- - - - - - - - - - -I N ,. DECISION FILE:B-178564 MATTER DIGEST: Ca/. c0 sos THE OOMPTItOLLER GENERAL F THE UNITED CTeATE WASHINGTON, D.C. .E:40 DATE: December 28, 1977 '-I '0 ~4. C This decision is in response to a su'bmisston from Lewis B. Strausk.. Adiinistratc'r of th Food and Nutrition Service United States Department off AgrictiLture, asking whether State administra- tive expense funds authorized by sectio 7 of the Child Ntftrition Act of 1966 (CNA), as amended, 42 Uj. S. C. 1176 (1970), might be, used to supplement the 2 perednt administrative expense payments to States ±or use in the summer food service program for children authorized by section 13 of the National School Lunch Act (NSLA), as amended, 42 U. S. C. S 1761. The submission in effect seeks modif -Wtion of decision B-178564, July 19, 1977, which1beld that by viiuepf sec- tion 13(k) of the NSLA, certain States which incurrtd admini trative costs for prior program years exceeding the 2 percent allotments could not receive additional payments. Before addressing the specific question raised, a review of the background to this matter is in order. I Prior to 1975, the summer and year-round phases of the special food service program had beer carried out pursuant to authority set forth in section 13 of the NSLA. The Secretary was authorized to pay States for expenses incurred in administering these two programs and appropriations were authorized in such amounts as were necessary for this purpose by section 7 of the CNA, which provided: OF: Summer Food Service Program - Administrative Cost Limitations Decision B-178564, July 19, 1977, holding that sctior 13(k) of National School Lunch Act as amended by Pub. L. No. 94-105, which required payment in amount equal to 2 percent of funds distributed to each state, limits amount payable to States for costs incurred in administration of summer food program is reaffirmed. Section 7 of Child Nutrition Act canifoi 'econstrued as additional source of funds for buch payinents independent of 2 percent limitation. Holding in 3uly 1977 decision is also consistent with rmost significant legislative history of recent statute amending these sections. h K1 I I __j

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