Pub. L. 94-135, tit. I, sec. 111
purchase and donation of certain products by secretary of agriculture
purchase and donation of certain products by secretary of agriculture Sec. 111. (a) Section 707 of the Act (42 U.S.C. 3045f) is amended by inserting “(1)” immediately before the first sentence of subsection (a), by striking out “this section” in subsection(d) each place it appears therein and inserting in lieu thereof “this subsection”, by redesignating subsections (b). (c), and (d) as paragraphs (2), (3), and (4), respectively, by redesignating subsection (e) as subsection (b), and by adding at the end thereof the following new subsection: “(c) (1) During each of the fiscal years ending June 30, 1975, and June 30, 1976, and during the period beginning July 1, 1976, and ending September 30, 1976, the Secretary of Agriculture shall purchase high protein foods, meat, and meat alternates on the open market, at prices not in excess of market prices, out of funds appropriated under this section, as determined under paragraph (3), for distribution to recipients of grants or contracts to be used for providing nutritional services in accordance with the provisions of this title. High protein food, meat, and meat alternates purchased by the Secretary of Agriculture under this subsection shall be grown and produced in the United States. “(2) High protein food, meat, and meat alternates donated under this subsection shall not be considered donated commodities for purposes of meeting the requirement of subsection (a)(4) with respect to the annually programed level of assistance under subsection (a). 89 STAT. 719 “(3) There are authorized to be appropriated such sums as may be necessary in order to carry out the program established under paragraph (1).”. (b) Section 707(a) (4) of the Act, as so redesignated by subsection (a), is amended by striking out “10 cents per meal:” and inserting in lieu thereof “15 cents per meal during the fiscal year ending September 30, 1976, and 25 cents per meal during the fiscal year ending September 30, 1977:”. (c) Section 707(a) of the Act (42 U.S.C. 3045f) is amended in paragraphs (1), (2), and (3) by striking out “may” each place it appears therein and inserting in lieu thereof “shall”. (d) Section 707 of the Act, as amended by subsection (a), is further amended by adding at the end thereof the following new subsection: “(d) (1) Notwithstanding any other provision of law, in any case in which a State has phased out its commodity distribution facilities before June 30, 1974, such State may, for purposes of the programs authorized by this Act, elect to receive cash payments in lieu of donated foods. In any case in which a State makes such an election, the Secretary of Agriculture shall make cash payments to such State in an amount equivalent in value to the donated foods which the State otherwise would have received if such State had retained its commodity distribution facilities. “(2) When such payments are made, the State agency shall promptly and equitably disburse any cash it receives in lieu of commodities to recipients of grants or contracts. Such disbursements shall be used by such recipients of grants or contracts to purchase United States agricultural commodities and other foods for their nutrition projects.”. (e) The first sentence of section 708 of the Act (42 U.S.C. 3045g) is amended by inserting after “this title” the following: “(other than section 707(c))”. (f) Section 707(a) (4) of the Act (42 U.S.C. 3045f(a) (4)), as so redesignated by subsection (a), is amended by striking out “subsection (d) ” and inserting in lieu thereof “paragraph”.