PUBLIC LAW 94-105—OCT. 7, 1975
89 STAT. 525
"(2) If any State cannot utilize all of the funds apportioned to it under the provisions of this section, the Secretary shall make further apportionments to the remaining States. Payments to any State of funds apportioned under the provisions of this subsection for any fiscal year shall be made upon condition that at least one-fourth of the cost of equipment financed under this section 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 institutions determined by the State to be especially needy. "(k) The regulations issued by the Secretary to carry out this sec- Regulations, tion shall be issued and become effective not later than 90 days after effective date. the date of enactment of the National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975. During the period prior to the effective date of the regulations, the Secretary is authorized to conduct a food service program in the same manner and under the same conditions and limitations as the special food service program for children was conducted under section 13 of the National School Lunch Act during the fiscal year ending June 30, 1975. Notwithstanding the 42 USC 1761. foregoing, the child care food payment rates provided in subsection Effective date. (b) of this section and the provisions of subsection (e) of this section shall become effective on the date of enactment of the National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975.". CONFORMING AMENDMENTS
SEC. 17. (a) Section 4(f) of the Child Nutrition Act of 1966 is 42 USC 1773. amended by striking out "nonprofit private schools" in the second sentence and inserting in lieu thereof "schools (as defined in section 15(c) of this Act which are private and nonprofit as defined in the last sentence of section 15(c) of this Act)". (b) Section 15 of the Child Nutrition Act of 1966 is amended by 42 USC 1784. striking out paragraph (c), by redesignating paragraphs (d) and (e) as (c) and (d), respectively, and by amending paragraph (c) (as redesignated by this subsection) to read as follows: "(c) 'School' means (A) any public or nonprofit private school of 'School." high school grade or under, including kindergarten and preschool programs operated by such school, (B) any public or licensed nonprofit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded), and (C) with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico. For purposes of clauses (A) and (B) of this subsection, the term "Nonprofit." 'nonprofit', when applied to any such private school or institution, means any such school or institution which is exempt from tax under section 501(c)(3) of the Internal Revenue Code of 1954.". 26 USC 501. NONFOOD ASSISTANCE PROGRAM
SEC. 18. Section 5 of the Child Nutrition Act of 1966 is amended— 42 USC 1774. (a) By changing the period at the end of subsection (b) to a comma and adding the following: "except that such conditions shall not apply with respect to funds used under this section to assist schools if such schools are especially needy, as determined by the State.". (b) Effective beginning with the fiscal year ending June 30, 1976, Effective date, by changing subsection (e) to read as follows: "(e) For the fiscal year ending June 30, 1976, the period July 1, 1976, through September 30, 1976, and the fiscal year ending Septem-
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