PUBLIC LAW 95-166—NOV. 10, 1977
91 STAT. 1334
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cannot establish a food service program of hot meals prepared and cooked by the school, or received by the school, and the school enters into an agreement with a public or private nonprofit institution to provide the school lunch or breakfast program for children attending the school, the funds provided under this section may be used for food service facilities to be located at such institution, if (A) the school retains legal title to such facilities and, (B) in the case of funds made available under subsection (e) of this section, the institution would otherwise be without such facilities."; and (4) striking out the comma after "as amended" in subsection (a), inserting a period in lieu thereof, and striking out the remainder of the sentence. I f
Estimated valuation. 42 USC 1755. Payment.
Funds for States administered by Secretary, withholding.
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COMMODITY DISTRIBUTION PROGRAM
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SEC. 5. Section 6(b) of the National School Lunch Act is amended to read as follows: "(b) Not later than May 15 of ea'ch school year, the Secretary shall make an estimate of the value of agricultural commodities and other foods that will be delivered during that school year to States for the school lunch program. If such estimated value is less than the total level of assistance authorized under subsection (e) of this section, the Secretary shall pay to each State educational agency, not later than June 15 of that school year, an amount of funds that is equal to the difference between the value of such deliveries as then programed for such State and the total level of assistance authorized under subsexition (e) of this section. In any State in which the Secretary directly administers the school lunch program in any of the schools of the State, the Secretary shall withhold from the funds to be paid to such State under the provisions of this subsection an amount that bears the same ratio to the total of such payment as the number of lunches served in schools in which the school lunch program is directly administered by the Secretary during that school year bears to the total of such 1 unches served under the school lunch program in all the schools in such State in such school year. Each State educational agency, and the Secretary in the case of private schools in which the Secretary directly administers the school lunch program, shall promptly and equitably disburse, such funds to schools participating in the school lunch program, and such disbursements shall be used by such schools to purchase United States agricultural commodities and other foods for their food service program. Such foods shall be limited to the requirements for lunches and breakfasits for children as provided for in regulations issued by the Secretary.". PURCHASE OF FOODS FOR THE COMMODITY DISTRIBUTIOX PROGRAM
42 USC 1762a.
Appropriation authorization.
SEC. 6, Section 14 of the National School Lunch Act is amended by— (1) striking out "September 30, 1977" in subsection (a) and inserting in lieu thereof "September 30, 1982"; and (2) adding at the end thereof new subsections (c), (d), and (e) as follows: "(c) The Secretary may use funds appropriated from the general fund of the Treasury to purchase agricultural commodities and their products of the types customarily purchased for donation under section 707(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 3045f(a)(4)) or for cash payments in lieu of such donations under section 707(d)_(l) of such Act (42 U.S.C. 3045f (d)(1)). There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection.
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