§ 1753. Apportionments to States

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   National School Lunch Act

   Pub. L. 79–281 § 4 · 60 Stat. 230

   Enacted · 42 U.S.C. § 1753

   June 4, 1946, ch. 281, § 4, 60 Stat. 230

   Source evidence

   Code source credit
   June 4, 1946, ch. 281, § 4, 60 Stat. 230

   Enacted provision · exact public law section
   Sec. 4. apportionments to states The sums appropriated for any fiscal year pursuant to the authorization contained in section 3 of this Act, excluding the sum specified in section 5, shall be available to the Secretary for supplying, during such fiscal year, agricultural commodities and other foods for the school-lunch program in accordance with the provisions of this Act. The Secretary shall apportion among the States during each fiscal year not less than 75 per centum of the aforesaid funds made available for such year for supplying agricultural commodities and other foods under the provisions of this Act, except that the total of such apportionments of funds for use in Alaska, Territory of Hawaii, Puerto Rico, and the Virgin Islands shall not exceed 3 per centum of the funds appropriated for agricultural commodities and other foods for the school-lunch program. Apportionment among the States shall be made on the basis of two factors: (1) The number of school children in the State and(2) the need for assistance in the State as indicated by the relation of the per capita income in the United States to the per capita income in the State. The amount of Determination of amount. the initial apportionment to any State shall be determined by the following method: First, determine an index for the State by multiplying factors (1) and (2); second, divide this index by the sum of the indices for all the States; and, finally, apply the figure thus obtained to the total funds to be apportioned. For the purpose of this section, the number of school children in the State shall be the number of children therein between the ages of five and seventeen, inclusive; such figures and per capita income figures shall be the latest figures certified by the Department of Commerce. For the purposes of this Act, “school” means any public or nonprofit private “School” school of high-school grade or under and, with respect to Puerto Rico, shall also include nonprofit child-care centers certified as such by the Governor of Puerto Rico. If any State cannot utilize all funds so apportioned to it, or if additional funds are available under this Act for apportionment among the States, the Secretary shall make further apportionments to the remaining States in the same manner.

2. 1962

   Pub. L. 87–688 § 3(a) · 76 Stat. 586

   Inserted · 42 U.S.C. § 1753

   Pub. L. 87–688 inserted “American Samoa,” after “Guam,” in two places and “the apportionment for American Samoa,” after “the apportionment for Guam,”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 87–688 inserted “American Samoa,” after “Guam,” in two places and “the apportionment for American Samoa,” after “the apportionment for Guam,”.

   Enacted provision · exact public law section
   (a) The National School Lunch Act (42 U.S.C. 1751 et seq.) 60 Stat. 230. is amended by inserting “American Samoa,” after “Guam,” wherever appearing in such Act, except that after “the apportionment for Guam,” in section 4, such Act is amended by inserting the following 66 Stat. 591. 42 USC 1753. : “the apportionment for American Samoa,”.

3. 1962

   Pub. L. 87–823 § 2 · 76 Stat. 944

   1. Amended · 42 U.S.C. § 1753

      Pub. L. 87–823 amended section generally, and, among other changes

   2. Substituted · 42 U.S.C. § 1753

      Pub. L. 87–823 substituted as factors for apportionment of funds among the States “(1) the participation rate for the State, and (2) the assistance need rate for the State” for “(1) the number of school children in the State and (2) the need for assistance in the State as indicated by the relation of the per capita income of the United States to the per capita income in the State”; inserted, in provision for determination of amount of apportionment in clause designated “second”, “(exclusive of American Samoa for periods ending before July 1, 1967)”; inserted provisions for use of transitional formulas in apportionment of funds for fiscal years beginning in 1962, 1963, and 1964 and apportioning to American Samoa $25,000 annually for five fiscal years in period beginning July 1, 1962 and ending June 30, 1967;

   3. Struck · 42 U.S.C. § 1753

      Pub. L. 87–823 struck out apportionment formula for Puerto Rico, Guam, American Samoa, and the Virgin Islands, which limited apportionments to 3 per centum of the total fund to be apportioned but required the apportionment to each to be not less than an amount which would result in an allotment per child of school age equal to that for the State with the lowest per capita income, definition of school (incorporated in section 1760(d)(7) of this title), provision for use of latest per capita income figures certified by the Department of Commerce (incorporated in section 1760(d)(6)(ii) of this title), and definition of school children which provided that the number of school children should be the number between ages of five and seventeen

   Source evidence

   Code amendment note
   Pub. L. 87–823 amended section generally, and, among other changes, substituted as factors for apportionment of funds among the States “(1) the participation rate for the State, and (2) the assistance need rate for the State” for “(1) the number of school children in the State and (2) the need for assistance in the State as indicated by the relation of the per capita income of the United States to the per capita income in the State”; inserted, in provision for determination of amount of apportionment in clause designated “second”, “(exclusive of American Samoa for periods ending before July 1, 1967)”; inserted provisions for use of transitional formulas in apportionment of funds for fiscal years beginning in 1962, 1963, and 1964 and apportioning to American Samoa $25,000 annually for five fiscal years in period beginning July 1, 1962 and ending June 30, 1967; and struck out apportionment formula for Puerto Rico, Guam, American Samoa, and the Virgin Islands, which limited apportionments to 3 per centum of the total fund to be apportioned but required the apportionment to each to be not less than an amount which would result in an allotment per child of school age equal to that for the State with the lowest per capita income, definition of school (incorporated in section 1760(d)(7) of this title), provision for use of latest per capita income figures certified by the Department of Commerce (incorporated in section 1760(d)(6)(ii) of this title), and definition of school children which provided that the number of school children should be the number between ages of five and seventeen.

   Enacted provision · exact public law section
   Sec. 2. Section 4 of the National School Lunch Act is amended to read as follows: “Sec. 4. “apportionments to states The sums appropriated for any fiscal year pursuant to the authorization contained in section 3 of this Act, excluding the sum 42 USC 1754. specified in section 5, shall be available to the Secretary for supplying agricultural commodities and other foods for the program in accordance with the provisions of this Act. The Secretary shall apportion among the States during each fiscal year not less than 75 per centum of the funds made available for such year for supplying agricultural commodities and other foods under the provisions of section 3 of this Act. Apportionment among the States shall be made on the basis of two factors: (1) the participation rate for the State, and (2) the assistance need rate for the State. The amount of apportionment to any State shall be determined by the following method: First, determine an index for the State by multiplying factors (1) and (2); second, divide this index by the sum of the indices for all the States (exclusive of American Samoa for periods ending before July 1, 1967); and third, apply the figure thus obtained to the total funds to be apportioned. If any State cannot utilize all funds so apportioned to it, or if additional funds are made available under section 3 for apportionment among the States, the Secretary shall make further apportionments to the remaining States in the same manner. Notwithstanding the foregoing provisions of this section, (t) for the fiscal year beginning July 1, 1962, three-quarters of any funds available for apportionment among the States shall be apportioned in the manner used prior to such fiscal year, and one-quarter of any such funds shall be apportioned in accordance with the foregoing sentences of this section, (2) for the fiscal year beginning July 1, 1963, one-half of any funds available for apportionment among the States shall be apportioned in the manner used prior to the fiscal year beginning July 1, 1962, and one-half of any such funds shall be apportioned in accordance with the foregoing sentences of this section, (3) for the fiscal year beginning July 1, 1964, one-quarter of any funds available for apportionment among the States shall be apportioned in the manner used prior to the fiscal year beginning July 1, 1962, and three-quarters of any such funds shall be apportioned in accordance with the foregoing sentences of this section, and (4) for the five fiscal years in the period beginning July 1, 1962, and ending June 30, 1967, the amount apportioned to American Samoa shall be $25,000 each year, which amount shall be first deducted from the funds available for apportionment in determining the amounts to be apportioned to the other States.”

4. 1972

   Pub. L. 92–433 § 4(c) · 86 Stat. 724

   Substituted · 42 U.S.C. § 1753

   Pub. L. 92–433 substituted new formula for food assistance payments to State educational agencies by taking into account the number of lunches served during the year, the children in the schools in such State participating in the school lunch program, and the national average payment per lunch set up by the Secretary, with certain limitations, for apportionment formula limiting the apportionable funds to 75 per cent of the available funds for such year, and taking into account the participation rate for the State, the need rate for the State, and providing for a method of apportionment, special provisions for disposal of excess or unused funds and for fiscal years beginning July 1, 1962, July 1, 1963, July 1, 1964 and fixing the funds for American Samoa at $25,000 for each year for the five fiscal years beginning July 1, 1962

   Source evidence

   Code amendment note
   Pub. L. 92–433 substituted new formula for food assistance payments to State educational agencies by taking into account the number of lunches served during the year, the children in the schools in such State participating in the school lunch program, and the national average payment per lunch set up by the Secretary, with certain limitations, for apportionment formula limiting the apportionable funds to 75 per cent of the available funds for such year, and taking into account the participation rate for the State, the need rate for the State, and providing for a method of apportionment, special provisions for disposal of excess or unused funds and for fiscal years beginning July 1, 1962, July 1, 1963, July 1, 1964 and fixing the funds for American Samoa at $25,000 for each year for the five fiscal years beginning July 1, 1962.

   Enacted provision · exact public law section
   (c) Section 4 of the National School Lunch Act is amended effective after the fiscal year ending June 30, 1973, to read as follows: “Sec. 4. The sums appropriated for any fiscal year pursuant to the authorizations contained in section 3 of this Act, excluding the sum specified in section 5, shall be available to the Secretary for supplying agricultural commodities and other food for the program in accordance with the provisions of this Act. For each fiscal year the Secretary shall make food assistance payments, at such times as he may determine, from the sums appropriated therefor, to each State educational agency, in a total amount equal to the result obtained by multiplying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Infra. Secretary under subsection 9(a) of this Act) served during such fiscal year to children in schools in such State, which participate in the school lunch program under this Act under agreements with such State educational agency, by a national average payment per lunch for such fiscal year determined by the Secretary to be necessary to carry out the purposes of this Act: Provided, That in any fiscal year such national average payment shall not be less than 8 cents per lunch and that the aggregate amount of the food assistance payments made by the Secretary to each State educational agency for any fiscal year shall not be less than the amount of the payments made by the State agency to participating schools within the State for the fiscal year ending June 30, 1972, to carry out the purposes of this section 4.”

5. 1973

   National School Lunch and Child Nutrition Act Amendments of 1973

   Pub. L. 93–150 § 2(a) · 87 Stat. 560

   Changed · 42 U.S.C. § 1753

   Pub. L. 93–150 increased national average food assistance payments from 8 to 10 cents per lunch

   Source evidence

   Code amendment note
   Pub. L. 93–150 increased national average food assistance payments from 8 to 10 cents per lunch.

   Enacted provision · exact public law section
   (a) Section 4 of the National School Lunch Act is amended to delete the phrase “8 cents per lunch” as it appears in said section and substitute the phrase “10 cents per lunch”.

6. 1981

   Pub. L. 97–35 title VIII · 95 Stat. 357

   1. Amended · 42 U.S.C. § 1753(a)

      Pub. L. 97–35, §§ 801(a)(1), (2), 819(g), designated existing provisions as subsec. (a)

   2. Struck · 42 U.S.C. § 1753(a)

      Pub. L. 97–35, §§ 801(a)(1), (2), 819(g), struck out exclusion of sum specified in section 1754 of this title

   3. Struck · 42 U.S.C. § 1753(a)

      Pub. L. 97–35, §§ 801(a)(1), (2), 819(g), struck out provisions relating to food assistance payments

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–35, §§ 801(a)(1), (2), 819(g), designated existing provisions as subsec. (a), struck out exclusion of sum specified in section 1754 of this title, and struck out provisions relating to food assistance payments.

   Enacted provision · exact public law
   TITLE VIII— SCHOOL LUNCH AND CHILD NUTRITION PROGRAMS Sec. 801. changes in reimbursement for school lunches and breakfasts (a) Section 4 of the National School Lunch Act is 42 USC 1753. amended— (1) by inserting “(a)” after “Sec. 4.”; (2) in subsection (a) (as so designated), by striking out the second sentence; and (3) by adding at the end thereof the following new subsection: “(b) (1) The Secretary shall make food assistance payments to each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in a total amount equal to the product obtained by multiplying— “(A) the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act) served during such fiscal year in schools in such State which participate in the school lunch program under this Act under agreements with such State educational agency; by “(B) the national average lunch payment prescribed in paragraph (2) of this subsection. “(2) The national average lunch payment for each lunch served shall be 10.5 cents (as adjusted pursuant to section 11(a) of this Act) except that for each lunch served in school food authorities in which 60 percent or more of the lunches served in the school lunch program during the second preceding school year were served free or at a reduced-price, the national average lunch payment shall be 2 cents more.”. (b) Section 11(a) of the National School Lunch Act is amended— (1) by inserting “(1)” after “Sec. 11. (a)”; (2) in the third sentence, by striking out “(1)” and inserting in lieu thereof “(A)” and by striking out “(2)” and inserting in lieu thereof “(B)”; and (3) by striking out the fifth sentence and all that follows through the end of the subsection and inserting in lieu thereof the following: “(2) The special-assistance factor prescribed by the Secretary for free lunches shall be 98.75 cents and the special-assistance factor for reduced-price lunches shall be 40 cents less than the special-assistance factor for free lunches. “(3) (A) The Secretary shall prescribe on July 1, 1982, and on each subsequent July 1, an annual adjustment in the following: “(i) The national average payment rates for lunches (as established Ante, p. 521. under section 4 of this Act). “(ii) The special assistance factor for lunches (as established under paragraph (2) of this subsection). “(iii) The national average payment rates for breakfasts (as Infra. established under section 4(b) of the Child Nutrition Act of 1966). “(iv) The national average payment rates for supplements (as Post, p. 528. established under section 17(c) of this Act). “(B) The annual adjustment under this paragraph shall reflect changes in the cost of operating meal programs under this Act and the Child Nutrition Act of 1966, as indicated by the change in the series for food away from home of the Consumer Price Index for all Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor. Each annual adjustment shall reflect the changes in the series for food away from home for the most recent 12-month period for which such data are available. The adjustments made under this paragraph shall be computed to the nearest one-fourth cent.”. (c) (1) Section 4(b)(1) of the Child Nutrition Act of 1966 is amended read as follows: “(b) (1) (A) The Secretary shall make breakfast assistance payments each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in an amount equal to the product obtained by multiplying— “(i) the number of breakfasts served during such fiscal year to children in schools in such States which participate in the school breakfast program under agreements with such State educational agency; by “(ii) the national average breakfast payment for free breakfasts, for reduced-price breakfasts, or for breakfasts served to children not eligible for free or reduced-price meals, as appropriate, as prescribed in clause (B) of this paragraph. “(B) The national average payment for each free breakfast shall be 57 cents (as adjusted pursuant to section 11(a) of the National School Lunch Act). The national average payment for each reduced-price Ante, p. 522. breakfast shall be one-half of the national average payment for each free breakfast, adjusted to the nearest one-fourth cent, except that in no case shall the difference between the amount of the national average payment for a free breakfast and the national average payment for a reduced-price breakfast exceed 30 cents. The national average payment for each breakfast served to a child not eligible for free or reduced-price meals shall be 8.25 cents (as adjusted pursuant to section 11(a) of the National School Lunch Act). “(C) No school which receives breakfast assistance payments under this section may charge a price of more than 30 cents for a reduced-price breakfast. “(D) No breakfast assistance payment may be made under this subsection for any breakfast served by a school unless such breakfast consists of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under subsection (e) of this section.”. (2) Section 4(b)(2) of the Child Nutrition Act of 1966 is amended— Ante, p. 522. (A) in clause (B)(ii)— (i) by striking out “on a semiannual basis each July 1 and January 1” and inserting in lieu thereof “on an annual basis each July 1”; and (ii) by striking out “six-month” and inserting in lieu thereof “twelve-month”; and (B) in clause (C), by striking out “five” and inserting in lieu thereof “thirty”. (3) (A) Section 4(d) of the Child Nutrition Act of 1966 is amended to 42 USC 1773. read as follows: “(d) (1) Each State educational agency shall provide additional assistance to schools in severe need, which shall include only— “(A) those schools in which the service of breakfasts is required pursuant to State law; and “(B) those schools (having a breakfast program or desiring to initiate a breakfast program) in which, during the most recent second preceding school year for which lunches were served, 40 percent or more of the lunches served to students at the school were served free or at a reduced-price, and in which the rate per meal established by the Secretary is insufficient to cover the costs of the breakfast program. The provision of eligibility specified in clause (A) of this paragraph shall terminate effective July 1, 1983, for schools in States where the State legislatures meet annually and shall terminate effective July 1, 1984, for schools in States where the State legislatures meet biennially. “(2) A school, upon the submission of appropriate documentation about the need circumstances in that school and the school’s eligibility for additional assistance, shall be entitled to receive 100 percent of the operating costs of the breakfast program, including the costs of obtaining, preparing, and serving food, or the meal reimbursement rate specified in paragraph (2) of section 4(b) of this Act, whichever is less.”. Sec. 802. reduction in commodity assistance for lunches The first sentence of section 6(e) of the National School 42 USC 1755. Lunch Act is amended to read as follows: “The national average value of donated foods, or cash payments in lieu thereof, shall be 11 cents, adjusted on July 1, 1982, and each July 1 thereafter to reflect changes in the Price Index for Food Used in Schools and Institutions.”. Sec. 803. revision of income eligibility guidelines (a) Section 9(b) of the National School Lunch Act is amended— (1) by amending paragraph (1) to read as follows: “(1) (A) Not later than June 1 of each fiscal year, the Secretary shall prescribe income guidelines for determining eligibility for free and reduced-price lunches during the 12-month period beginning July 1 of such fiscal year and ending June 30 of the following fiscal year. For the school years ending June 30, 1982, and June 30, 1983, the income guidelines for determining eligibility for free lunches shall be 130 percent of the applicable family-size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (B). Beginning July 1, 1983, the income guidelines for determining eligibility for free lunches for any school year shall be the same as the gross income eligibility standards announced by the Secretary for any such period for eligibility for participation in the 7 USC 2011 note. food Stamp program under the Food Stamp Act of 1977. The income guidelines for determining eligibility for reduced-price lunches for any school year shall be 185 percent of the applicable family-size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (B). The Office of Management and Budget guidelines shall be revised at annual intervals, or at any shorter interval deemed feasible and desirable. “(B) The revision required by subparagraph (A) of this paragraph shall be made by multiplying— “(i) the official poverty line (as defined by the Office of Management and Budget); by “(ii) the percentage change in the Consumer Price Index during the annual or other interval immediately preceding the time at which the adjustment is made. Revisions under this subparagraph shall be made not more than 30 days after the date on which the consumer price index data required to compute the adjustment becomes available.”; (2) by redesignating paragraph (2) (and any references thereto) as paragraph (5) and by inserting after paragraph (1) the following new paragraphs: “(2) (A) Following the determination by the Secretary under paragraph (1) of this subsection of the income eligibility guidelines for each school year, each State educational agency shall announce the income eligibility guidelines, by family-size, to be used by schools in the State in making determinations of eligibility for free and reduced-price lunches. Local school authorities shall, each year, publicly announce the income eligibility guidelines for free and reduced-price lunches on or before the opening of school. “(B) Applications for free and reduced-price lunches, in such form as the Secretary may prescribe or approve, and any descriptive material, shall be distributed to the parents or guardians of children in attendance at the school, and shall contain only the family-size income levels for reduced-price meal eligibility with the explanation that households with incomes less than or equal to these values would be eligible for free or reduced-price lunches. Such forms and descriptive material may not contain the income eligibility guidelines for free lunches. “(C) Eligibility determinations shall be made on the basis of a complete application executed by an adult member of the household. The Secretary, States, and local school food authorities may seek verification of the data contained in the application. Local school food authorities shall undertake such verification of the information contained in these applications as the Secretary may by regulation prescribe and, in accordance with such regulations, make appropriate changes in the eligibility determinations on the basis of such verification. “(3) Any child who is a member of a household whose income, at the time the application is submitted, is at an annual rate which does not exceed the applicable family-size income level of the income eligibility guidelines for free lunches, as determined under paragraph (1), shall be served a free lunch. Any child who is a member of a household whose income, at the time the application is submitted, is at an annual rate greater than the applicable family-size income level of the income eligibility guidelines for free lunches, as determined under paragraph (1), but less than or equal to the applicable family-size income level of the income eligibility guidelines for reduced-price lunches, as determined under paragraph (1), shall be served a reduced-price lunch. The price charged for a reduced-price lunch shall not exceed 40 cents. “(4) No physical segregation of or other discrimination against any child eligible for a free lunch or a reduced-price lunch under this subsection shall be made by the school nor shall there by any overt identification of any child by special tokens or tickets, announced or published lists of names, or by other means.”; and (3) in the second sentence of paragraph (5), as so redesignated by paragraph (2) of this subsection, by striking out “solely”. (b) Section 9 of the National School Lunch Act is further amended 42 USC 1758. by adding at the end thereof the following new subsection: “(d) (1) The Secretary shall require as a condition of eligibility for receipt of free or reduced-price lunches that the member of the household who executes the application furnish the social security account numbers of all adult members of the household of which such person is a member. “(2) No member of a household may be provided a free or reduced-price lunch under this Act unless— “(A) appropriate documentation, as prescribed by the Secretary, of the income of such household has been provided to the appropriate local school food authority; or “(B) documentation showing that the household is participating in the food stamp program under the Food Stamp Act of 1977 has been provided to the appropriate local school food authority.”. (c) Notwithstanding any other provision of law, the Secretary of Study. 42 USC 1758 note. Agriculture shall conduct a pilot study to verify the data submitted on a sample of applications for free and reduced-price meals. In conducting the pilot study, the Secretary may require households included in the study to furnish social security numbers of all household members and such other information as the Secretary may require, including, but not limited to, pay stubs, documentation of the current status of household members who are recipients of public assistance, unemployment insurance documents, and written statements from employers, as a condition for receipt of free or reduced-price meals. (d) For the school year ending June 30, 1982, the Secretary may prescribe procedures for implementing the revisions made by the amendments contained in this section to the income eligibility guidelines for free and reduced-price lunches under section 9 of the 42 USC 1758. National School Lunch Act. Such procedures may allow school food authorities to (1) use applications distributed at the beginning of the school year when making eligibility determinations based on the revised income eligibility guidelines, or (2) distribute new applications and make determinations using such applications. Sec. 804. revision of state revenue matching requirements Section 7 of the National School Lunch Act is amended to read as follows: “Sec. 7. (a) (1) Funds appropriated to carry out section 4 of this Act during any fiscal year shall be available for payment to the States for disbursement by State educational agencies in accordance with such agreements, not inconsistent with the provisions of this Act, as may be entered into by the Secretary and such State educational agencies for the purpose of assisting schools within the States in obtaining agricultural commodities and other foods for consumption by children in furtherance of the school lunch program authorized under this Act. For any school year, such payments shall be made to a State only if, during such school year, the amount of the State revenues (excluding State revenues derived from the operation of the program) appropriated or used specifically for program purposes (other than any State revenues expended for salaries and administrative expenses of the program at the State level) is not less than 30 percent of the funds made available to such State under section 4 of this Act for the school year beginning July 1, 1980. “(2) If, for any school year, the per capita income of a State is less than the average per capita income of all the States, the amount required to be expended by a State under paragraph (1) for such year shall be an amount bearing the same ratio to the amount equal to 30 percent of the funds made available to such State under section 4 of this Act for the the school year beginning July 1, 1980, as the per capita income of such State bears to the average per capita income of all the States. “(b) The State revenues provided by any State to meet the requirement of subsection (a) shall, to the extent the State deems practicable, be disbursed to schools participating in the school lunch program under this Act. No State in which the State educational agency is prohibited by law from disbursing State appropriated funds to private schools shall be required to match Federal funds made available for meals served in such schools, or to disburse, to such schools, any of the State revenues required to meet the requirements of subsection (a). “(c) The Secretary shall certify to the Secretary of the Treasury, from time to time, the amounts to be paid to any State under this section and shall specify when such payments are to be made. The Secretary of the Treasury shall pay to the State, at the time or times fixed by the Secretary, the amounts so certified.”. Sec. 805. termination of food service equipment assistance (a) Section 5 of the National School Lunch Act is repealed. Repeals. 42 USC 1754. 42 USC 1774. (b) Section 5 of the Child Nutrition Act of 1966 is repealed. Sec. 806. nutrition education and training program The second sentence of section 19(j)(2) of the Child Nutrition Act of 1966 is amended to read as follows: “There 42 USC 1788. authorized to be appropriated for the grants referred to in the preceding sentence not more than $15,000,000 for fiscal year 1981 and not more than $5,000,000 for each subsequent fiscal year.”. Sec. 807. revision of the special milk program Section 3 of the Child Nutrition Act of 1966 is amended— 42 USC 1772. (1) in the first sentence— (A) in clause (1), by inserting “which do not participate in meal service program authorized under this Act or the National School Lunch Act,” after “under,”; and 42 USC 1751 note. (B) in clause (2), by inserting “, which do not participate a meal service program authorized under this Act or the National School Lunch Act” after “training of children”; (2) in the fourth sentence, by inserting “which does not participate in a meal service program authorized under this Act or the National School Lunch Act” after “institution”; (3) in the fifth sentence, by striking out “also”; and (4) by striking out the eighth sentence. Sec. 808. limitation on private school participation (a) Section 12(d)(6) of the National School Lunch Act 42 USC 1760. amended by inserting in the first sentence “except private schools whose average yearly tuition exceeds $1,500 per child,” after “under,”. (b) Section 15(c) of the Child Nutrition Act of 1966 is amended by 42 USC 1784. inserting in the first sentence “except private schools whose average yearly tuition exceeds $1,500 per child,” after “such school,”. Sec. 809. summer food service program Section 13 of the National School Lunch Act is amended— 42 USC 1761. (1) in subsection (a)(1)— (A) in clause (B), by striking out “nonresidential public or private nonprofit institutions,” and inserting in lieu thereof “public or private nonprofit school food authorities, local, municipal, or county governments,”; and (B) in clause (C), by striking out “33 ⅓ percent” and inserting in lieu thereof “50 percent”; and (2) by adding at the end of subsection (a) the following new paragraph: “(6) Service institutions that are local, municipal, or county governments shall be eligible for reimbursement for meals served in programs under this section only if such programs are operated directly by such governments.”. Sec. 810. revision of child care food program (a) Section 17(a) of the National School Lunch Act is amended— (1) in the second sentence, by adding at the end before the period the following: “(but only if such organization receives compensation under such title for at least 25 percent of the children for which the organization provides such nonresidential day care services)”; and (2) by adding after the third sentence the following: “Reimbursement may be provided under this section only for meals or supplements served to children not over 12 years of age (except that such age limitation shall not be applicable for children of migrant workers if 15 years of age or less or for handicapped children).”. (b) Section 17(b) of the National School Lunch Act is amended by striking out “served in the manner specified in subsection (c)” and inserting in lieu thereof “as provided in subsection (f)”. (c) Section 17(c) of the National School Lunch Act is amended to read as follows: “(c) (1) For purposes of this section, the national average pa5anent rate for free lunches and suppers, the national average payment rate for reduced-price lunches and suppers, and the national average payment rate for paid lunches and suppers shall be the same as the national average pa3nnent rates for free lunches, reduced-price lunches, and paid lunches, respectively, under sections 4 and 11 of 42 USC 1753, 1759a. this Act as appropriate (as adjusted pursuant to section 11(a) of this Act). “(2) For purposes of this section, the national average payment rate for free breakfasts, the national average payment rate for reduced-price breakfasts, and the national average payment rate for paid breakfasts shall be the same as the national average payment rates for free breakfasts, reduced-price breakfasts, and paid breakfasts, Ante, p. 522. respectively, under section 4(b) of the Child Nutrition Act of 1966 (as adjusted pursuant to section 11(a) of this Act). “(3) For purposes of this section, the national average payment rate for free supplements shall be 30 cents, the national average payment rate for reduced-price supplements shall be one-half the rate for free supplements, and the national average payment rate for paid supplements shall be 2.75 cents (as adjusted pursuant to section 11(a) of this Act). “(4) Determinations with regard to eligibility for free and reduced-price meals and supplements shall be made in accordance with the income eligibility guidelines for free lunches and reduced-price 42 USC 1758. lunches, respectively, under section 9 of this Act.”. (d) Section 17(f) of the National School Lunch Act is amended— (1) by amending paragraph (2) to read as follows: “(2) (A) Subject to subparagraph (B) of this paragraph, the disbursement for any fiscal year to any State for disbursement to institutions, other than family or group day care home sponsoring organizations, for meals provided under this section shall be equal to the sum of the products obtained by multiplying the total number of each type of meal (breakfast, lunch or supper, or supplement) served in such institution in that fiscal year by the applicable national average payment rate for each such type of meal, as determined under subsection (c). “(B) No reimbursement may be made to any institution under this paragraph, or to family or group day care home sponsoring organiza-tions under paragraph (3) of this subsection, for more than two meals and one supplement per day per child.”; (2) by striking out paragraph (3) and by redesignating paragraphs (4) and (5) (and any references thereto) as paragraphs (3) and (4), respectively; and (3) in paragraph (3), as so redesignated— (A) by redesignating the fourth sentence and all that follows through the end of the paragraph as subparagraph (C); and (B) by amending all that precedes subparagraph (C) (as so redesignated) to read as follows: “(3) (A) Institutions that participate in the program under this section as family or group day care home sponsoring organizations shall be provided, for payment to such homes, a reimbursement factor set by the Secretary for the cost of obtaining and preparing food and prescribed labor costs, involved in providing meals under this section, without a requirement for documentation of such costs, except that reimbursement shall not be provided under this subparagraph for meals or supplements served to the children of a person acting as a family or group day care home provider unless such children meet the eligibility standards for free or reduced-price meals under section 9 of this Act. The reimbursement factor in effect as of the date of the enactment of this sentence shall be reduced by 10 percent. The reimbursement factor under this subparagraph shall be adjusted on July 1 of each year to reflect changes in the Consumer Price Index for food away from home for the most recent 12-month period for which such data are available. The reimbursement factor under this subparagraph shall be rounded to the nearest one-fourth cent. “(B) Family or group day care home sponsoring organizations shall also receive reimbursement for their administrative expenses in amounts not exceeding the maximum allowable levels prescribed by the Secretary. Such levels shall be adjusted July 1 of each year to reflect changes in the Consumer Price Index for all items for the most recent 12-month period for which such data are available. The maximum allowable levels for administrative expense payments, as in effect as of the date of the enactment of this subparagraph, shall be adjusted by the Secretary so as to achieve a 10 percent reduction in the total amount of reimbursement provided to institutions for such administrative expenses. In making the reduction required by the preceding sentence, the Secretary shall increase the economy of scale factors used to distinguish institutions that sponsor a greater number of family or group day care homes from those that sponsor a lesser number of such homes.”. (e) Section 17(g) of the National School Lunch Act is amended by 42 USC 1766. striking out paragraph (2) and by redesignating paragraphs (3) and (4) (and any references thereto) as paragraphs (2) and (3), respectively. (f) Section 17 of the National School Lunch Act is further amended by striking out subsections (i) and (n). (g) Section 17(o) of the National School Lunch Act is amended in the second sentence by striking out “the availability of food service equipment funds under the program,”. Sec. 811. food not intended to be consumed The third sentence of section 9(a) of the National School Lunch Act is amended by striking out “in any junior high school or 42 USC 1758. middle school”. Sec. 812. state plan requirements Section 11(e) of the National School Lunch Act is amended— (1) by striking out paragraph (1) and redesignating paragraphs (2) and (3) (and any references thereto) as paragraphs (1) and (2), respectively; and (2) in paragraphs (1) and (2), as so redesignated, by striking out the second sentence of each such paragraph. Sec. 813. commodity only schools (a) Section 14 of the National School Lunch Act amended by adding at the end thereof the following new subsection: “(f) Commodity only schools shall be eligible to receive donated commodities equal in value to the sum of the national average value Ante, p. 524. 42 USC 1753. of donated foods established under section 6(e) of this Act and the national average payment established under section 4 of this Act. Such schools shall be eligible to receive up to 5 cents per meal of such value in cash for processing and handling expenses related to the use of such commodities. Lunches served in such schools shall consist of combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act, and shall represent the four basic food groups, including a serving of fluid milk.”. (b) Section 11 of the National School Lunch Act is further amended by adding at the end thereof the following new subsection: “(f) Commodity only schools shall also be eligible for special-assistance payments under this section. Such schools shall serve meals free to children who meet the eligibility requirements for free Ante, p. 524. meals under section 9(b) of this Act, and shall serve meals at reduced price, not exceeding the price specified in section 9(b)(3) of this Act, to children meeting the eligibility requirements for reduced-price meals under such section. No physical segregation of, or other discrimination against, any child eligible for a free or reduced-priced lunch shall be made by the school, nor shall there be any overt identification of any such child by any means.”. (c) Section 3 of the Child Nutrition Act of 1968 is further amended by— (1) inserting “(a)” after “Sec. 3.”; and (2) by adding at the end thereof the following new subsection: “(b) Commodity only schools shall not be eligible to participate in the special milk program under this section. For the purposes of the preceding sentence, the term ‘commodity only schools’ means schools that do not participate in the school lunch program under the National School Lunch Act, but which receive commodities made available by the Secretary for use by such schools in nonprofit lunch programs.”. (d) Section 12(d) of the National School Lunch Act is further amended by adding at the end thereof the following new paragraph: “(8) ‘Commodity only schools’ means schools that do not participate in the school lunch program under this Act, but which receive commodities made available by the Secretary for use by such schools in nonprofit lunch programs.” Sec. 814. state administrative expenses (a) Section 7(a)(2) of the Child Nutrition Act of 1966 is 42 USC 1776. amended by striking out “September 30, 1978” in the second sentence and inserting in lieu thereof “September 30, 1981”. (b) Section 7(e) of the Child Nutrition Act is amended to read as follows: “(e) Notwithstanding any other provision of law, funds made available to each State under this section shall remain available for obligation and expenditure by that State during the fiscal year immediately following the fiscal year for which such funds were made available. For each fiscal year the Secretary shall establish date by which each State shall submit to the Secretary a plan for the disbursement of funds provided under this section for each such year, and the Secretary shall reallocate any unused funds, as evidenced by such plans, to other States as the Secretary considers appropriate. Sec. 815. authorizations for wic program Section 17(g) of the Child Nutrition Act of 1966 is amended 42 USC 1786. by striking out in the first sentence “and such sums as may be necessary for the three subsequent fiscal years,” and inserting in lieu thereof “$1,017,000,000 for the fiscal year ending September 30, 1982, $1,060,000,000 for the fiscal year ending September 30, 1983, and $1,126,000,000 for the fiscal year ending September 30, 1984,”. Sec. 816. claims adjustment authority Section 16 of the Child Nutrition Act of 1966 is amended— 42 USC 1785. (1) by inserting “(a)” after “Sec. 16.”; and (2) by adding at the end thereof the following new subsection: “(b) With regard to any claim arising under this Act or under the National School Lunch Act, the Secretary shall have the authority to 42 USC 1751 note. determine the amount of, to settle and to adjust any such claim, and to compromise or deny such claim or any part thereof. The Secretary shall also have the authority to waive such claims if the Secretary determines that to do so would serve the purposes of either such Act. Nothing contained in this subsection shall be construed to diminish the authority of the Attorney General of the United States under section 516 of title 28, United States Code, to conduct litigation on behalf of the United States.”. Sec. 817. limitations on secretary’s authority to directly administer programs (a) Section 10 of the National School Lunch Act is 42 USC 1759. amended to read as follows: “Sec. 10. “disbursement to schools by the secretary (a) The Secretary shall withhold funds payable to a State under this Act and disburse the funds directly to schools, institutions, or service institutions within the State for the purposes authorized by this Act to the extent that the Secretary has so withheld and disbursed such funds continuously since October 1, 1980, but only to such extent (except as otherwise required by subsection (b)). Any funds so withheld and disbursed by the Secretary shall be used for the same purposes, and shall be subject to the same conditions, as applicable to a State disbursing funds made available under this Act. If the Secretary is administering (in whole or in part) any program authorized under this Act, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program. “(b) If a State educational agency is not permitted by law to disburse the funds paid to it under this Act to any of the nonpublic schools in the State, the Secretary shall disburse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to public schools within the State by the State educational agency.”. (b) Section 18 of the National School Lunch Act is further amended by striking out subsection (i). (c) Section 17 of the National School Lunch Act is further amended— (1) by striking out subsection (m); and (2) by redesignating subsections (j), (k), (l), (o), (p), (q), and (r), as subsections (i), (j), (k), (l), (m), (n), and (o), respectively. (d) Section 4 of the Child Nutrition Act of 1966 is further amended by striking out subsection (f) and redesignating subsection (g) as subsection (f). (e) The Child Nutrition Act of 1966 is further amended by inserting after section 4 the following new section: “Sec. 5. “disbursement to schools by the secretary (a) The Secretary shall withhold funds payable to a State under this Act and disburse the funds directly to schools or institutions within the State for the purposes authorized by this Act to the extent that the Secretary has so withheld and disbursed such funds continuously since October 1, 1980, but only to such extent (except as otherwise required by subsection (b)). Any funds so withheld and disbursed by the Secretary shall be used for the same purposes, and shall be subject to the same conditions, as applicable to a State disbursing funds made available under this Act. If the Secretary is administering (in whole or in part) any program authorized under this Act, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program. “(b) If a State educational agency is not permitted by law to disburse the funds paid to it under this Act to any of the nonpublic schools in the State, the Secretary shall disburse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to public schools within the State by the State educational agency.”. (f) Section 19(d) of the Child Nutrition Act of 1966 is amended by striking out paragraph (6). Sec. 818. cost savings revisions by the secretary As soon as possible after the date of the enactment of this Act, the Secretary of Agriculture shall review regulations promulgated 42 USC 1779. under section 10 of the Child Nutrition Act of 1966 (including regulations pertaining to nutritional requirements for meals) for the purposes of determining ways in which cost savings might be accomplished at the local level in the operation of meal programs under the 42 USC 1751 note, 1771 note. National School Lunch Act and the Child Nutrition Act of 1966 without impairing the nutritional value of such meals. Not later than Regulations. 90 days after the date of the enactment of this Act, on the basis of such review, the Secretary of Agriculture shall promulgate such regulations as the Secretary considers appropriate to effectuate such cost savings. Sec. 819. conforming and miscellaneous amendments (a) Section 11 of the National School Lunch Act is 42 USC 1759a. amended— (1) by striking out “financing the cost of” in the first sentence in subsection (b); and (2) by striking out “or 5” in subsection (d). (b) Section 4(c) of the Child Nutrition Act of 1966 is amended by 42 USC 1773. striking out “financing the costs of” in the first sentence. (c) Section 12 of the National School Lunch Act is amended— 42 USC 1760. (1) in subsection (d)— (A) by striking out paragraph (3); and (B) by redesignating paragraphs (4) through (8) (and any references thereto) as paragraphs (3) through (7), respectively; and (2) by striking out the second sentence of subsection (h). (d) Section 8 of the National School Lunch Act is amended— 42 USC 1757. (1) by striking out “or 5” in the first sentence; (2) by striking out “to finance the cost of obtaining” in the second sentence and inserting in lieu thereof “to obtain”; (3) by striking out “and food service equipment assistance in connection with such program” in the second sentence; and (4) by striking out “Federal food-cost contribution rate” both places it occurs in the fifth and sixth sentences and inserting in lieu thereof “per meal reimbursement rate”. (e) Section 7 of the Child Nutrition Act of 1966 is amended by 42 USC 1776. striking out “3, 4, and 5” in subsections (a)(1), (a)(2), and (b) and inserting in lieu thereof “3 and 4”. (f) Section 11(a) of the Child Nutrition Act of 1966 is amended by 42 USC 1780. striking out “section 3 through 5” and inserting in lieu thereof “sections 3 and 4”. (g) Section 4(a) of the National School Lunch Act is amended in the 42 USC 1753. first sentence by striking out “, excluding the sum specified in section 5,”. (h) Section 6(a)(2) of the National School Lunch Act is amended— 42 USC 1755. (1) by striking out “sections 4 and 5” and inserting in lieu thereof “section 4”; and (2) by striking out “sections 4, 5, and 7” and inserting in lieu thereof “sections 4 and 7”. (i) Section 15(f) of the National School Lunch Act is amended by 42 USC 1763. striking out “annually” in the second sentence and inserting in lieu thereof “biennially”. (j) Section 14 of the National School Lunch Act (42 U.S.C. 1762a) is amended— (1) by striking out “title VII” in paragraph (1) of subsection (a) and inserting in lieu thereof “title III”; and (2) by striking out “section 707(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 3045(a)(4)) or for cash payments in lieu of such donations under section 707(d)(1) of such Act (42 U.S.C. 3045f(d)(1))” in the first sentence of subsection (c) and inserting in lieu thereof “section 311(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 3030(a)(4)) or for cash payments in lieu of such 42 USC 3030a. donations under section 311(c)(1) of such Act (42 U.S.C. 42 USC 3030a. 3030(c)(1))”. (k) The second sentence of section 17(f)(1) of the National School 42 USC 1766. Lunch Act is amended by striking out “financing the cost of”. Sec. 820. effective dates and repealer (a) The provisions of this title shall take effect as follows: (1) The amendments made by the following sections shall take effect on the first day of the month following the date of the enactment of this Act, or on September 1, 1981, whichever is earlier: (A) section 801; (B) that portion of the amendment made by section 810(c) pertaining to the reimbursement rate for supplements; (C) that portion of the amendment made by section 810(d)(1) pertaining to the limitation on the number of meals for which reimbursement may be made under the child care food program; (D) that portion of the amendment made by section 810(d)(3) which reduces the meal reimbursement factor by 10 percent; and (E) section 811. (2) The amendments made by sections 802 and 804 shall take effect on July 1, 1981. (3) The amendments made by sections 807, 808, and 810(a)(2) shall take effect on the first day of the second month following the date of the enactment of this Act. (4) The amendments made by the following sections shall take effect October 1, 1981: sections 805, 806, 809, 810(a)(1), 810(f), 810(g), 812, 814, 817, and 819. (5) The amendments made by section 813 shall take effect 90 days after the date of the enactment of this Act. (6) The amendments made by the following provisions shall take effect January 1, 1982: subsections (b), (c), (d), and (e) of section 810, except that— (A) the amendment made by section 810(c) pertaining to the reimbursement rate for supplements shall take effect as provided under paragraph (1) of this subsection; (B) the amendment made by section 810(d)(1) pertaining to the limitation on the number of meals for which reimbursement may be made shall take effect as provided under paragraph (1) of this subsection; and (C) the amendment made by section 810(d)(3) which reduces the meal reimbursement factor by 10 percent shall take effect as provided under paragraph (1) of this subsection. (7) The following provisions shall take effect on the date of the enactment of this Act: (A) the amendments made by subsections (a) and (b) of section 803 and the provisions of subsections (c) and (d) of section 803; (B) the amendment made by section 815; (C) the amendment made by section 816; and (D) the provisions of section 818. (b) The Omnibus Reconciliation Act of 1980 (Public Law 96–499) is amended— (1) by striking out subsection (a) of section 201 effective 94 Stat. 2599. 42 USC 1753 note. September 1, 1981, or the first day of the first month following the month in which this Act is enacted, whichever is earlier; (2) by striking out subsection (a) of section 202 effective July 1, 94 Stat. 2600. 42 USC 1755 note. 1981; and (3) by striking out subsections (a) and (b) of section 203 effective 94 Stat. 2600. 42 USC 1758 note. on the date of the enactment of this Act. (c) Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall promulgate regulations to Regulations. 42 USC 1753 note. implement the amendments made by this title.

7. 1981

   Pub. L. 97–35 § 801(a)(3) · 95 Stat. 357

   Added · 42 U.S.C. § 1753(b)

   Pub. L. 97–35, § 801(a)(3), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–35, § 801(a)(3), added subsec. (b).

   Enacted provision · exact public law section
   (3) by adding at the end thereof the following new subsection: “(b) (1) The Secretary shall make food assistance payments to each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in a total amount equal to the product obtained by multiplying— “(A) the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act) served during such fiscal year in schools in such State which participate in the school lunch program under this Act under agreements with such State educational agency; by “(B) the national average lunch payment prescribed in paragraph (2) of this subsection. “(2) The national average lunch payment for each lunch served shall be 10.5 cents (as adjusted pursuant to section 11(a) of this Act) except that for each lunch served in school food authorities in which 60 percent or more of the lunches served in the school lunch program during the second preceding school year were served free or at a reduced-price, the national average lunch payment shall be 2 cents more.”.

8. 1989

   Child Nutrition and WIC Reauthorization Act of 1989

   Pub. L. 101–147 § 301 · 103 Stat. 877

   Inserted · 42 U.S.C. § 1753

   Pub. L. 101–147, § 301, inserted “Apportionments to States” as section catchline

   Source evidence

   Code amendment note
   Pub. L. 101–147, § 301, inserted “Apportionments to States” as section catchline.

   Enacted provision · exact public law section
   SEC. 301. APPORTIONMENTS TO STATES. The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting before section 4 the following new heading: “apportionments to states”.

9. 1989

   Child Nutrition and WIC Reauthorization Act of 1989

   Pub. L. 101–147 § 312(2) · 103 Stat. 877

   Substituted · 42 U.S.C. § 1753(b)(2)

   Pub. L. 101–147, § 312(2), substituted “reduced price” for “reduced-price”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 101–147, § 312(2), substituted “reduced price” for “reduced-price”.

   Enacted provision · exact public law section
   (2) by striking “reduced-price” each place it appears and inserting “reduced price”; and

10. 2010

    Healthy, Hunger-Free Kids Act of 2010

    Pub. L. 111–296 title II § 201 · 124 Stat. 3183

    Added · 42 U.S.C. § 1753(b)(3)

    Pub. L. 111–296 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 111–296 added par. (3).

    Enacted provision · exact public law section
    SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE INCREASES FOR NEW MEAL PATTERNS.   Section 4(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)) is amended by adding at the end the following: “(3) Additional reimbursement.— “(A) Regulations.— “(i) Proposed regulations.— Notwithstanding section 9(f), not later than 18 months after the date of enactment of this paragraph, the Secretary shall promulgate proposed regulations to update the meal patterns and nutrition standards for the school lunch program authorized under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) based on recommendations made by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences. “(ii) Interim or final regulations.— “(I) In general.— Not later than 18 months after promulgation of the proposed regulations under clause (i), the Secretary shall promulgate interim or final regulations. “(II) Date of required compliance.— The Secretary shall establish in the interim or final regulations a date by which all school food authorities participating in the school lunch program authorized under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) are required to comply with the meal pattern and nutrition standards established in the interim or final regulations. “(iii) Report to congress.— Not later than 90 days after the date of enactment of this paragraph, and each 90 days thereafter until the Secretary has promulgated interim or final regulations under clause (ii), the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a quarterly report on progress made toward promulgation of the regulations described in this subparagraph. “(B) Performance-based reimbursement rate increase.— Beginning on the later of the date of promulgation of the implementing regulations described in subparagraph (A)(ii), the date of enactment of this paragraph, or October 1, 2012, the Secretary shall provide additional reimbursement for each lunch served in school food authorities determined to be eligible under subparagraph (D). “(C) Additional reimbursement.— “(i) In general.— Each lunch served in school food authorities determined to be eligible under subparagraph (D) shall receive an additional 6 cents, adjusted in accordance with section 11(a)(3), to the national lunch average payment for each lunch served. “(ii) Disbursement.— The State agency shall disburse funds made available under this paragraph to school food authorities eligible to receive additional reimbursement. “(D) Eligible school food authority.— To be eligible to receive an additional reimbursement described in this paragraph, a school food authority shall be certified by the State to be in compliance with the interim or final regulations described in subparagraph (A)(ii). “(E) Failure to comply.— Beginning on the later of the date described in subparagraph (A)(ii)(II), the date of enactment of this paragraph, or October 1, 2012, school food authorities found to be out of compliance with the meal patterns or nutrition standards established by the implementing regulations shall not receive the additional reimbursement for each lunch served described in this paragraph. “(F) Administrative costs.— “(i) In general.— Subject to clauses (ii) and (iii), the Secretary shall make funds available to States for State activities related to training, technical assistance, certification, and oversight activities of this paragraph. “(ii) Provision of funds.— The Secretary shall provide funds described in clause (i) to States administering a school lunch program in a manner proportional to the administrative expense allocation of each State during the preceding fiscal year. “(iii) Funding.— “(I) In general.— In the later of the fiscal year in which the implementing regulations described in subparagraph (A)(ii) are promulgated or the fiscal year in which this paragraph is enacted, and in the subsequent fiscal year, the Secretary shall use not more than $50,000,000 of funds made available under section 3 to make payments to States described in clause (i). “(II) Reservation.— In providing funds to States under clause (i), the Secretary may reserve not more than $3,000,000 per fiscal year to support Federal administrative activities to carry out this paragraph.” .

    Effective date note
    Amendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.

11 of 14 references resolved to an enrolled provision · 3 partial