Page:United States Statutes at Large Volume 87.djvu/42

 60 Stat. 231; 84 Stat. 209. 42 USC 1755.

68 Stat. 458. 7 USC 1431. 49 Stat. 774. 7 USC 612c.

60 Stat. 233; 86 Stat. 726. 42 USC 1758. 86 Stat. 725. 42 USC 1773.

Nonprofit private schools.

80 Stat. 885. 42 USC 1771 note.

obtaining sufficient supplies of the foods required to meet the nutritional standards established by law for these programs. It is, therefore, the purpose of this Act to provide an effective and immediate solution to this nutritional crisis.

SCHOOL PURCHASES OF FOOD SUPPLIES

SEC. 2. Section 6 of the National School Lunch Act is amended by adding at the end thereof the following new subsections and by redesignating the existing portions of said section as subsection (a):

"(b) As of March 15, 1973, the Secretary shall make an estimate of the value of agricultural commodities and other foods that will be delivered during the fiscal year ending June 30, 1973, to States for school food service programs under the provisions of this section, section 416 of the Agricultural Act of 1949, and section 32 of the Act of August 24, 1935. If such estimated value is less than 90 per centum of the value of such deliveries initially programed for the fiscal year ending June 30, 1973, the Secretary shall pay to State educational agencies. by not later than April 15, 1973, an amount of funds that is equal to the difference between the value of such deliveries initially programed for such fiscal year and the estimated value as of March 15, 1973, of the commodities and other foods to be delivered in such fiscal year. The share of such funds to be paid to each State educational agency shall bear the same ratio to the total of such payment to all such agencies as the number of meals served under the provisions of section (a) of this Act and section 4(e) of the Child Nutrition Act of 1966 during the fiscal year ending June 30, 1972, bears to the total of all such meals served in all the States during such fiscal year: Provided. That in any State in which the Secretary directly administers school food service programs in the nonprofit private schools of such State, the Secretary shall withhold from the funds to be paid to any 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 meals served in nonprofit private schools under the provisions of section 9(a) of this Act and section +(e) of the Child Nutrition Act of 1966 during the fiscal year ending June 30. 1972. bears to the total of such meals served in all the schools in such State in such fiscal year. Each State educational agency, and the Secretary in the case of nonprofit private schools in which he directly administers school food service programs, shall promptly and equitably disburse such funds to schools participating in the lunch and breakfast programs under this Act and the Child Nutrition Act of 1966 and such disbursements shall be used by such schools to obtain agricultural commodities and other foods for their food service program. Such food shall be limited to the requirements for lunches and Breakfasts for children as provided for in the regulations by the Department of Agriculture under title 7, subtitle b, chapter II, subchapter a, parts 210 and 220.

"(c) Notwithstanding any other provision of law, the Secretary, until such time as a supplemental appropriation may provide additional funds for the purpose of subsection (b) of this section, shall use funds appropriated by section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) to make any payments to States authorized under such subsection. Any section 32 funds utilized to make such payments shall be reimbursed out of any supplemental appropriation hereafter enacted for the purpose of carrying out subsection (b) of this section and such reimbursement shall be deposited into the fund established. pursuant to section 32 of the Act of August 24, 1935, to be available for the purposes of said section 32.