Title 42 — The Public Health and Welfare

Chapter 13 — School Lunch Programs

§ 1759a. Special assistance funds

Statutory text

Formula for computation of payments; computation for lunches to eligible children in schools funding service to ineligible children from non-Federal sources; special assistance factors; annual adjustments

Except as provided in section 1759 of this title, in each fiscal year each State educational agency shall receive special assistance payments in an amount equal to the sum of the product obtained by multiplying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to section 1758(a) of this title) served free to children eligible for such lunches in schools within that State during such fiscal year by the special assistance factor for free lunches prescribed by the Secretary for such fiscal year and the product obtained by multiplying the number of lunches served at a reduced price to children eligible for such reduced price lunches in schools within that State during such fiscal year by the special assistance factor for reduced price lunches prescribed by the Secretary for such fiscal year.

Except as provided in subparagraph (C), (D), (E), or (F), in the case of any school which determines that at least 80 percent of the children in attendance during a school year (hereinafter in this sentence referred to as the “first school year”) are eligible for free lunches or reduced price lunches, special assistance payments shall be paid to the State educational agency with respect to that school, if that school so requests for the school year following the first school year, on the basis of the number of free lunches or reduced price lunches, as the case may be, that are served by that school during the school year for which the request is made, to those children who were determined to be so eligible in the first school year and the number of free lunches and reduced price lunches served during that year to other children determined for that year to be eligible for such lunches.

Except as provided in subparagraph (D), in the case of any school or school district that—

elects to serve all children in the school or school district free lunches under the school lunch program during any period of 4 successive school years, or in the case of a school or school district that serves both lunches and breakfasts, elects to serve all children in the school or school district free lunches and free breakfasts under the school lunch program and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) during any period of 4 successive school years; and

pays, from sources other than Federal funds, for the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to the number of lunches or breakfasts served during the period;

special assistance payments shall be paid to the State educational agency with respect to the school or school district during the period on the basis of the number of lunches or breakfasts determined under clause (ii) or (iii).

For purposes of making special assistance payments under clause (i), except as provided in clause (iii), the number of lunches or breakfasts served by a school or school district to children who are eligible for free lunches or breakfasts or reduced price lunches or breakfasts during each school year of the 4-school-year period shall be considered to be equal to the number of lunches or breakfasts served by the school or school district to children eligible for free lunches or breakfasts or reduced price lunches or breakfasts during the first school year of the period.

For purposes of computing the amount of the payments, a school or school district may elect to determine on a more frequent basis the number of children who are eligible for free or reduced price lunches or breakfasts who are served lunches or breakfasts during the 4-school-year period.

In the case of any school or school district that is receiving special assistance payments under this paragraph for a 4-school-year period described in subparagraph (C), the State may grant, at the end of the 4-school-year period, an extension of the period for an additional 4 school years, if the State determines, through available socioeconomic data approved by the Secretary, that the income level of the population of the school or school district has remained stable.

A school or school district described in clause (i) may reapply to the State at the end of the 4-school-year period, and at the end of each 4-school-year period thereafter for which the school or school district receives special assistance payments under this paragraph, for the purpose of continuing to receive the payments for a subsequent 4-school-year period.

If the Secretary determines after considering the best available socioeconomic data that the income level of families of children enrolled in a school or school district has not remained stable, the Secretary may require the submission of applications for free and reduced price lunches, or for free and reduced price lunches and breakfasts, in the first school year of any 4-school-year period for which the school or school district receives special assistance payments under this paragraph, for the purpose of calculating the special assistance payments.

For the purpose of updating information and reimbursement levels, a school or school district described in clause (i) that carries out a school lunch or school breakfast program may at any time require submission of applications for free and reduced price lunches or for free and reduced price lunches and breakfasts.

In the case of any school or school district that—

elects to serve all children in the school or school district free lunches under the school lunch program during any period of 4 successive school years, or in the case of a school or school district that serves both lunches and breakfasts, elects to serve all children in the school or school district free lunches and free breakfasts under the school lunch program and the school breakfast program during any period of 4 successive school years; and

total Federal cash reimbursements and total commodity assistance shall be provided to the State educational agency with respect to the school or school district at a level that is equal to the total Federal cash reimbursements and total commodity assistance received by the school or school district in the last school year for which the school or school district accepted applications under the school lunch or school breakfast program, adjusted annually for inflation in accordance with paragraph (3)(B) and for changes in enrollment, to carry out the school lunch or school breakfast program.

A school or school district described in clause (i) may reapply to the State at the end of the 4-school-year period described in clause (i), and at the end of each 4-school-year period thereafter for which the school or school district receives reimbursements and assistance under this subparagraph, for the purpose of continuing to receive the reimbursements and assistance for a subsequent 4-school-year period. The State may approve an application under this clause if the State determines, through available socioeconomic data approved by the Secretary, that the income level of the population of the school or school district has remained consistent with the income level of the population of the school or school district in the last school year for which the school or school district accepted the applications described in clause (i).

Universal meal service in high poverty areas.—

Definition of identified students.—

The term “identified students” means students certified based on documentation of benefit receipt or categorical eligibility as described in section 245.6a(c)(2) of title 7, Code of Federal Regulations (or successor regulations).

Election of special assistance payments.—

In general.—

A local educational agency may, for all schools in the district or on behalf of certain schools in the district, elect to receive special assistance payments under this subparagraph in lieu of special assistance payments otherwise made available under this paragraph based on applications for free and reduced price lunches if—

during a period of 4 successive school years, the local educational agency elects to serve all children in the applicable schools free lunches and breakfasts under the school lunch program under this chapter and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);

the local educational agency pays, from sources other than Federal funds, the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);

the local educational agency is not a residential child care institution (as that term is used in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)); and

during the school year prior to the first year of the period for which the local educational agency elects to receive special assistance payments under this subparagraph, the local educational agency or school had a percentage of enrolled students who were identified students that meets or exceeds the threshold described in clause (viii).

Election to stop receiving payments.—

A local educational agency may, for all schools in the district or on behalf of certain schools in the district, elect to stop receiving special assistance payments under this subparagraph for the following school year by notifying the State agency not later than June 30 of the current school year of the intention to stop receiving special assistance payments under this subparagraph.

First year of option.—

Special assistance payment.—

For each month of the first school year of the 4-year period during which a school or local educational agency elects to receive payments under this subparagraph, special assistance payments at the rate for free meals shall be made under this subparagraph for a percentage of all reimbursable meals served in an amount equal to the product obtained by multiplying—

the multiplier described in clause (vii); by

the percentage of identified students at the school or local educational agency as of April 1 of the prior school year, up to a maximum of 100 percent.

Payment for other meals.—

The percentage of meals served that is not described in subclause (I) shall be reimbursed at the rate provided under section 1753 of this title.

Second, third, or fourth year of option.—

Special assistance payment.—

For each month of the second, third, or fourth school year of the 4-year period during which a school or local educational agency elects to receive payments under this subparagraph, special assistance payments at the rate for free meals shall be made under this subparagraph for a percentage of all reimbursable meals served in an amount equal to the product obtained by multiplying—

the multiplier described in clause (vii); by

the higher of the percentage of identified students at the school or local educational agency as of April 1 of the prior school year or the percentage of identified students at the school or local educational agency as of April 1 of the school year prior to the first year that the school or local educational agency elected to receive special assistance payments under this subparagraph, up to a maximum of 100 percent.

Payment for other meals.—

The percentage of meals served that is not described in subclause (I) shall be reimbursed at the rate provided under section 1753 of this title.

Grace year.—

In general.—

If, not later than April 1 of the fourth year of a 4-year period described in clause (ii)(I), a school or local educational agency has a percentage of enrolled students who are identified students that meets or exceeds a percentage that is 10 percentage points lower than the threshold described in clause (viii), the school or local educational agency may elect to receive special assistance payments under subclause (II) for an additional grace year.

Special assistance payment.—

For each month of a grace year, special assistance payments at the rate for free meals shall be made under this subparagraph for a percentage of all reimbursable meals served in an amount equal to the product obtained by multiplying—

the multiplier described in clause (vii); by

the percentage of identified students at the school or local educational agency as of April 1 of the prior school year, up to a maximum of 100 percent.

Payment for other meals.—

The percentage of meals served that is not described in subclause (II) shall be reimbursed at the rate provided under section 1753 of this title.

Applications.—

A school or local educational agency that receives special assistance payments under this subparagraph may not be required to collect applications for free and reduced price lunches.

Multiplier.—

Phase-in.—

For each school year beginning on or before July 1, 2013, the multiplier shall be 1.6.

Full implementation.—

For each school year beginning on or after July 1, 2014, the Secretary may use, as determined by the Secretary—

a multiplier between 1.3 and 1.6; and

subject to item (aa), a different multiplier for different schools or local educational agencies.

Threshold.—

Phase-in.—

For each school year beginning on or before July 1, 2013, the threshold shall be 40 percent.

Full implementation.—

For each school year beginning on or after July 1, 2014, the Secretary may use a threshold that is less than 40 percent.

Phase-in.—

In general.—

In selecting States for participation during the phase-in period, the Secretary shall select States with an adequate number and variety of schools and local educational agencies that could benefit from the option under this subparagraph, as determined by the Secretary.

Limitation.—

The Secretary may not approve additional schools and local educational agencies to receive special assistance payments under this subparagraph after the Secretary has approved schools and local educational agencies in—

for the school year beginning on July 1, 2011, 3 States; and

for each of the school years beginning July 1, 2012 and July 1, 2013, an additional 4 States per school year.

Election of option.—

In general.—

For each school year beginning on or after July 1, 2014, any local educational agency eligible to make the election described in clause (ii) for all schools in the district or on behalf of certain schools in the district may elect to receive special assistance payments under clause (iii) for the next school year if, not later than June 30 of the current school year, the local educational agency submits to the State agency the percentage of identified students at the school or local educational agency.

State agency notification.—

Not later than May 1 of each school year beginning on or after July 1, 2011, each State agency with schools or local educational agencies that may be eligible to elect to receive special assistance payments under this subparagraph shall notify—

each local educational agency that meets or exceeds the threshold described in clause (viii) that the local educational agency is eligible to elect to receive special assistance payments under clause (iii) for the next 4 school years, of the blended reimbursement rate the local educational agency would receive under clause (iii), and of the procedures for the local educational agency to make the election;

each local educational agency that receives special assistance payments under clause (iii) of the blended reimbursement rate the local educational agency would receive under clause (iv);

each local educational agency in the fourth year of electing to receive special assistance payments under this subparagraph that meets or exceeds a percentage that is 10 percentage points lower than the threshold described in clause (viii) and that receives special assistance payments under clause (iv), that the local educational agency may continue to receive such payments for the next school year, of the blended reimbursement rate the local educational agency would receive under clause (v), and of the procedures for the local educational agency to make the election; and

each local educational agency that meets or exceeds a percentage that is 10 percentage points lower than the threshold described in clause (viii) that the local educational agency may be eligible to elect to receive special assistance payments under clause (iii) if the threshold described in clause (viii) is met by April 1 of the school year or if the threshold is met for a subsequent school year.

Public notification of local educational agencies.—

Not later than May 1 of each school year beginning on or after July 1, 2011, each State agency with 1 or more schools or local educational agencies eligible to elect to receive special assistance payments under clause (iii) shall submit to the Secretary, and the Secretary shall publish, lists of the local educational agencies receiving notices under subclause (II).

Public notification of schools.—

Not later than May 1 of each school year beginning on or after July 1, 2011, each local educational agency in a State with 1 or more schools eligible to elect to receive special assistance payments under clause (iii) shall submit to the State agency, and the State agency shall publish—

a list of the schools that meet or exceed the threshold described in clause (viii);

a list of the schools that meet or exceed a percentage that is 10 percentage points lower than the threshold described in clause (viii) and that are in the fourth year of receiving special assistance payments under clause (iv); and

a list of the schools that meet or exceed a percentage that is 10 percentage points lower than the threshold described in clause (viii).

Implementation.—

Guidance.—

Not later than 90 days after December 13, 2010, the Secretary shall issue guidance to implement this subparagraph.

Regulations.—

Not later than December 31, 2013, the Secretary shall promulgate regulations that establish procedures for State agencies, local educational agencies, and schools to meet the requirements of this subparagraph, including exercising the option described in this subparagraph.

Publication.—

If the Secretary uses the authority provided in clause (vii)(II)(bb) to use a different multiplier for different schools or local educational agencies, for each school year beginning on or after July 1, 2014, not later than April 1, 2014, the Secretary shall publish on the website of the Secretary a table that indicates—

each local educational agency that may elect to receive special assistance payments under clause (ii);

the blended reimbursement rate that each local educational agency would receive; and

an explanation of the methodology used to calculate the multiplier or threshold for each school or local educational agency.

Report.—

Not later than December 31, 2013, the Secretary shall publish a report that describes—

an estimate of the number of schools and local educational agencies eligible to elect to receive special assistance payments under this subparagraph that do not elect to receive the payments;

for schools and local educational agencies described in subclause (I)—

barriers to participation in the special assistance option under this subparagraph, as described by the nonparticipating schools and local educational agencies; and

changes to the special assistance option under this subparagraph that would make eligible schools and local educational agencies more likely to elect to receive special assistance payments;

for schools and local educational agencies that elect to receive special assistance payments under this subparagraph—

the number of schools and local educational agencies;

an estimate of the percentage of identified students and the percentage of enrolled students who were certified to receive free or reduced price meals in the school year prior to the election to receive special assistance payments under this subparagraph, and a description of how the ratio between those percentages compares to 1.6;

an estimate of the number and share of schools and local educational agencies in which more than 80 percent of students are certified for free or reduced price meals that elect to receive special assistance payments under that clause; and

whether any of the schools or local educational agencies stopped electing to receive special assistance payments under this subparagraph;

the impact of electing to receive special assistance payments under this subparagraph on—

program integrity;

whether a breakfast program is offered;

the type of breakfast program offered;

the nutritional quality of school meals; and

program participation; and

the multiplier and threshold, as described in clauses (vii) and (viii) respectively, that the Secretary will use for each school year beginning on or after July 1, 2014 and the rationale for any change in the multiplier or threshold.

Funding.—

In general.—

On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out clause (xii) $5,000,000, to remain available until September 30, 2014.

Receipt and acceptance.—

The Secretary shall be entitled to receive, shall accept, and shall use to carry out clause (xii) the funds transferred under subclause (I), without further appropriation.

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.

The Secretary shall prescribe on July 1, 1982, and on each subsequent July 1, an annual adjustment in the following:

The national average payment rates for lunches (as established under section 1753 of this title).

The special assistance factor for lunches (as established under paragraph (2) of this subsection).

The national average payment rates for breakfasts (as established under section 4(b) of the Child Nutrition Act of 1966 [42 U.S.C. 1773 (b)]).

The national average payment rates for supplements (as established under section 1766(c) of this title).

Computation of adjustment.—

In general.—

The annual adjustment under this paragraph shall reflect changes in the cost of operating meal programs under this chapter and the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], 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.

Basis.—

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.

Rounding.—

On July 1, 1999, and on each subsequent July 1, the national average payment rates for meals and supplements shall be adjusted to the nearest lower cent increment and shall be based on the unrounded amounts for the preceding 12-month period.

Financing cost of free and reduced price lunches on basis of need of school for special assistance; maximum per lunch amount

Except as provided in section 10 of the Child Nutrition Act of 1966 [42 U.S.C. 1779], the special assistance payments made to each State agency during each fiscal year under the provisions of this section shall be used by such State agency to assist schools of that State in providing free and reduced price lunches served to children pursuant to section 1758(b) of this title. The amount of such special assistance funds that a school shall from time to time receive, within a maximum per lunch amount established by the Secretary for all States, shall be based on the need of the school for such special assistance. Such maximum per lunch amount established by the Secretary shall not be less than 60 cents.

Payments to States

Special assistance payments to any State under this section shall be made as provided in the last sentence of section 1756 of this title.

Report of school to State educational agency, contents; report of State educational agency to Secretary, contents

The Secretary, when appropriate, may request each school participating in the school lunch program under this chapter to report monthly to the State educational agency the average number of children in the school who received free lunches and the average number of children who received reduced price lunches during the immediately preceding month.

On request of the Secretary, the State educational agency of each State shall report to the Secretary the average number of children in the State who received free lunches and the average number of children in the State who received reduced price lunches during the immediately preceding month.

Eligibility of commodity only schools for special assistance payments; free and reduced price meals; discrimination and identification prohibited

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 meals under section 1758(b) of this title, and shall serve meals at a reduced price, not exceeding the price specified in section 1758(b)(9) of this title, 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 1 lunch shall be made by the school, nor shall there be any overt identification of any such child by any means.

Repealed. Pub. L. 111–296, title IV, § 441(a)(3), Dec. 13, 2010, 124 Stat. 3261

Universal meal service through Census data

In general

To the maximum extent practicable, the Secretary shall identify alternatives to—

the daily counting by category of meals provided by school lunch programs under this chapter and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and

the use of annual applications as the basis for eligibility to receive free meals or reduced price meals under this chapter.

Recommendations

Considerations

In general

In identifying alternatives under paragraph (1), the Secretary shall consider the recommendations of the Committee on National Statistics of the National Academy of Sciences relating to use of the American Community Survey of the Bureau of the Census and other data sources.

Socioeconomic survey

The Secretary shall consider use of a periodic socioeconomic survey of households of children attending school in the school food authority in not more than 3 school food authorities participating in the school lunch program under this chapter.

Survey parameters

The Secretary shall establish requirements for the use of a socioeconomic survey under clause (ii), which shall—

include criteria for survey design, sample frame validity, minimum level of statistical precision, minimum survey response rates, frequency of data collection, and other criteria as determined by the Secretary;

be consistent with the Standards and Guidelines for Statistical Surveys, as published by the Office of Management and Budget;

be consistent with standards and requirements that ensure proper use of Federal funds; and

specify that the socioeconomic survey be conducted at least once every 4 years.

Use of alternatives

Alternatives described in subparagraph (A) that provide accurate and effective means of providing meal reimbursement consistent with the eligibility status of students may be—

implemented for use in schools or by school food authorities that agree—

to serve all breakfasts and lunches to students at no cost in accordance with regulations issued by the Secretary; and

to pay, from sources other than Federal funds, the costs of serving any lunches and breakfasts that are in excess of the value of assistance received under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to the number of lunches and breakfasts served during the applicable period; or

further tested through demonstration projects carried out by the Secretary in accordance with subparagraph (C).

Demonstration projects

In general

For the purpose of carrying out demonstration projects described in subparagraph (B), the Secretary may waive any requirement of this chapter relating to—

counting of meals provided by school lunch or breakfast programs;

applications for eligibility for free or reduced priced meals; or

required direct certification under section 1758(b)(4) of this title.

Number of projects

The Secretary shall carry out demonstration projects under this paragraph in not more than 5 local educational agencies for each alternative model that is being tested.

Limitation

A demonstration project carried out under this paragraph shall have a duration of not more than 3 years.

Evaluation

The Secretary shall evaluate each demonstration project carried out under this paragraph in accordance with procedures established by the Secretary.

Requirement

In carrying out evaluations under clause (iv), the Secretary shall evaluate, using comparisons with local educational agencies with similar demographic characteristics—

the accuracy of the 1 or more methodologies adopted as compared to the daily counting by category of meals provided by school meal programs under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and the use of annual applications as the basis for eligibility to receive free or reduced price meals under those Acts;

the effect of the 1 or more methodologies adopted on participation in programs under those Acts;

the effect of the 1 or more methodologies adopted on administration of programs under those Acts; and

such other matters as the Secretary determines to be appropriate.

Footnotes

1 So in original. Probably should be “reduced price”.

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.

1946
Pub. L. 87–823 § 6 · 76 Stat. 944
Enacted · 42 U.S.C. § 1759a
June 4, 1946, ch. 281, § 11, as added Pub. L. 87–823, § 6, Oct. 15, 1962, 76 Stat. 946
Source evidence
Code source credit
June 4, 1946, ch. 281, § 11, as added Pub. L. 87–823, § 6, Oct. 15, 1962, 76 Stat. 946
Enacted provision · exact public law section
Sec. 6. The National School Lunch Act is further amended by 42 USC 1759. inserting immediately after section 10 thereof the following new section: “Sec. 11. “special assistance (a) There is hereby authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1963, and such sums as may be necessary for each succeeding fiscal year to provide special assistance to schools drawing attendance from areas in which poor economic conditions exist, for the purpose of helping such schools to meet the requirement of section 9 of this Act concerning the service of lunches to children unable to pay the full cost of such lunches. “(b) Of the sums appropriated pursuant to this section for any fiscal year, 3 per centum shall be available for apportionment to Puerto Rico, the Virgin Islands, Guam, and American Samoa. From the funds so available the Secretary shall apportion to each such State an amount which bears the same ratio to the total of such funds as the number of free or reduced-price lunches served in accordance with section 9 of this Act in such State in the preceding fiscal year bears to the total number of such free or reduced-price lunches served in all such States in the preceding fiscal year: Provided, That for the fiscal year ending June 30, 1963, $5,000 shall be apportioned to American Samoa, which amount shall be first deducted from the total amount available for apportionment under this subsection. If any such State cannot utilize for the purposes of this section all of the funds apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such States which justify the need for additional funds for such purposes. “(c) Of the remaining sums appropriated pursuant to this section for any fiscal year, not less than 50 per centum shall be apportioned among States, other than Puerto Rico, the Virgin Islands, Guam, and American Samoa, on the basis of the following factors for each State: (1) the number of free or reduced-price lunches served in accordance with section 9 of this Act in the preceding fiscal year, and (2) the assistance need rate. These factors shall be applied in the following manner: First, determine an index for each State by multiplying factors (1) and (2); second, divide this index by the sum of the indices for all such States; and, third, apply the figure thus obtained to the total funds to be apportioned. Any funds so initially apportioned which cannot be used for the purpose of this section by the State to which apportioned, together with the remainder of the funds available under this subsection, shall be further apportioned by the Secretary on the same basis as the initial apportionment to such States which justify on the basis of operating experience the need for additional funds to meet the need of students in such States for free or reduced-price lunches in schools deemed eligible by their State educational agencies for special assistance in accordance with the factors set forth in subsection (e) of this section. “(d) Payment of the funds apportioned to any State under this 42 USC 1756. section shall be made as provided in the last sentence of section 7 of the Act. “(e) Funds paid to any State during any fiscal year pursuant to this section shall be disbursed to selected schools in such State to assist such schools in the purchase of agricultural commodities and other foods. The selection of schools and the amounts of funds that each shall from time to time receive (within a maximum per lunch “amount established by the Secretary for all the States) shall be determined by the State educational agency on the basis of the following factors: (1) The economic condition of the area from which such schools draw attendance; (2) the needs of pupils in such schools for free or reduced-price lunches; (3) the percentages of free and reduced-price lunches being served in such schools to their pupils; (4) the prevailing price of lunches in such schools as compared with the average prevailing price of lunches served in the State under this Act; and (5) the need of such schools for additional assistance as reflected by the financial position of the school lunch programs in such schools. “(f) If in any State the State educational agency is not permitted by law to disburse funds paid to it under this Act to nonprofit private schools in the State, the Secretary shall withhold from the funds apportioned to such State under subsections (b) or (c) of this section an amount which bears the same ratio to such funds as the number of free and reduced-price lunches served in accordance with section 9 of this Act in the preceding fiscal year by all nonprofit private schools 42 USC 1758. participating in the program under this Act in such State bears to the number of such free and reduced-price lunches served during such year by all schools participating in the program under this Act in such State. The Secretary shall disburse the funds so withheld directly to the nonprofit private schools within such State for the same purposes and subject to the same conditions as are applicable to a State educational agency disbursing funds under this section. “(g) In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this Act, including those applicable to funds apportioned or paid pursuant to sections 4 or 5 but excluding the provisions of section 42 USC 1753, 1754, 1756. 7 relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section.”
1970
Pub. L. 91–248 § 7 · 84 Stat. 207
Changed · 42 U.S.C. § 1759a(a)
Pub. L. 91–248 authorized for fiscal year ending June 30, 1971, and for each succeeding fiscal year such sums as may be necessary to provide assistance to assure access to school lunch program by children of low-income families
Source evidence
Code amendment note
Subsec. (a). Pub. L. 91–248 authorized for fiscal year ending June 30, 1971, and for each succeeding fiscal year such sums as may be necessary to provide assistance to assure access to school lunch program by children of low-income families.
Enacted provision · exact public law section
Sec. 7. special assistance Section 11 of the National School Lunch Act is amended Appropriations. 76 Stat. 946. 42 USC 1759a. to read as follows: “Sec. 11. “special assistance (a) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each succeeding fiscal year such sums as may be necessary to provide special assistance to assure access to the school lunch program under this Act by children of low-income families. “(b) Of the sums appropriated pursuant to this section for any fiscal year, 3 per centum shall be available for apportionment to Puerto Rico, the Virgin Islands, Guam, and American Samoa. From the funds so available the Secretary shall apportion to each such State an amount which bears the same ratio to such funds as the number of children aged three to seventeen, inclusive, in such State bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of operating experience, the need for additional funds for such purposes. “(c) The remaining sums appropriated pursuant to this section for any fiscal year shall lie apportioned among States, other than Puerto Rico, the Virgin Islands, Guam, and American Samoa. The amount apportioned to each such State shall bear the same ratio to such remaining funds as the number of children in such State aged three to seventeen, inclusive, in households with incomes of less than $4,000 per annum bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of o|ie rating experience, the need for such additional funds for such purposes. “(d) Payment of the funds apportioned to any State under this section shall be made as provided in the last sentence of section 7 of this Act. Ante, p. 209. “(e) Funds paid to any State for any fiscal year pursuant to this section shall be disbursed to schools in such State to assist them in financing all or part of the operating costs of the school lunch program in such schools including the costs of obtaining, preparing, and serving food. The amounts of funds that each school shall from time to time receive, within a maximum per meal amount established by the Secretary for all States, shall be based on the need of the school for assistance in meeting the requirements of section 9 of this Act concerning the Ante, p. 210. service of lunches to children unable to pay the full cost of such lunches. “(f) If in any State the State educational agency is not permitted by law to disburse funds paid to it under this Act to nonprofit private schools in the State, the Secretary shall withhold from the funds apportioned to such State under subsection (b) or (c) of this section an amount which bears the same ratio to such funds as the number of free or reduced-price lunches served in accordance with section 9 of Ante, p. 210. this Act in the fiscal year beginning two years immediately prior to the fiscal year for which the funds are appropriated, by all nonprofit private schools participating in the program under this Act in Such State, bears to the number of such free and reduced-price lunches served during such prior year by all schools participating in the program under this Act in such State, The Secretary shall disburse the funds so withheld directly to the nonprofit private schools within such State for the same purposes and subject to the same conditions as are applicable to a State educational agency disbursing funds under this section. “(g) In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this Act, including those applicable to funds apportioned or paid 76 Stat. 944; 60 Stat. 231; Ante, p. 209. 42 USC 1753, 1754. pursuant to section 4 or 5 but excluding the provisions of section 7 relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section. “(h) (1) Not later than January 1 of each year, each State educational agency shall submit to the Secretary, for approval by him as a prerequisite to receipt of Federal funds or any commodities donated by the Secretary for use in programs under this Act and the 80 Stat. 885. 42 USC 1771 note. Child Nutrition Act of 1966, a State plan of child nutrition operations for the following fiscal year, which shall include, as a minimum, a description of the manner in which the State educational agency proposes (A) to use the funds provided under this Act and funds from sources within the State to furnish a free or reduced-price lunch to every needy child in accordance with the provisions of section 9; (B) to extend the school-lunch program under this Act to every school within the State, and (C) to use the funds provided under section 13 82 Stat. 117; Post, p. 214. 42 USC 1761. of this Act and section 4 of the Child Nutrition Act of 1966 and funds from sources within the State to the maximum extent practicable to reach needy children. “(2) Each school participating in the school-lunch program under this Act shall report each month to its State educational agency the average number of children in the school who received free lunches and the average number of children who received reduced price lunches during the immediately preceding month. Each participating school shall provide an estimate, as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch. “(3) The State educational agency of each State shall report to the Secretary each month the average number of children in the State who received free lunches and the average number of children in the State who received reduced price lunches during the immediately preceding month. Each State educational agency shall provide an estimate as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch.”
1970
Pub. L. 91–248 § 7 · 84 Stat. 207
Substituted · 42 U.S.C. § 1759a(b)
Pub. L. 91–248 substituted formula for apportionment of funds among Puerto Rico, the Virgin Islands, Guam, and American Samoa based on the ratio of the number of children aged three to seventeen, inclusive, in such State as compared to the total number of such children in all such States, for a ratio based on the number of free or reduced price lunches served in the preceding fiscal year in such State as compared to the number of such lunches served in all such States in the preceding fiscal year
Source evidence
Code amendment note
Subsec. (b). Pub. L. 91–248 substituted formula for apportionment of funds among Puerto Rico, the Virgin Islands, Guam, and American Samoa based on the ratio of the number of children aged three to seventeen, inclusive, in such State as compared to the total number of such children in all such States, for a ratio based on the number of free or reduced price lunches served in the preceding fiscal year in such State as compared to the number of such lunches served in all such States in the preceding fiscal year.
Enacted provision · exact public law section
Sec. 7. special assistance Section 11 of the National School Lunch Act is amended Appropriations. 76 Stat. 946. 42 USC 1759a. to read as follows: “Sec. 11. “special assistance (a) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each succeeding fiscal year such sums as may be necessary to provide special assistance to assure access to the school lunch program under this Act by children of low-income families. “(b) Of the sums appropriated pursuant to this section for any fiscal year, 3 per centum shall be available for apportionment to Puerto Rico, the Virgin Islands, Guam, and American Samoa. From the funds so available the Secretary shall apportion to each such State an amount which bears the same ratio to such funds as the number of children aged three to seventeen, inclusive, in such State bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of operating experience, the need for additional funds for such purposes. “(c) The remaining sums appropriated pursuant to this section for any fiscal year shall lie apportioned among States, other than Puerto Rico, the Virgin Islands, Guam, and American Samoa. The amount apportioned to each such State shall bear the same ratio to such remaining funds as the number of children in such State aged three to seventeen, inclusive, in households with incomes of less than $4,000 per annum bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of o|ie rating experience, the need for such additional funds for such purposes. “(d) Payment of the funds apportioned to any State under this section shall be made as provided in the last sentence of section 7 of this Act. Ante, p. 209. “(e) Funds paid to any State for any fiscal year pursuant to this section shall be disbursed to schools in such State to assist them in financing all or part of the operating costs of the school lunch program in such schools including the costs of obtaining, preparing, and serving food. The amounts of funds that each school shall from time to time receive, within a maximum per meal amount established by the Secretary for all States, shall be based on the need of the school for assistance in meeting the requirements of section 9 of this Act concerning the Ante, p. 210. service of lunches to children unable to pay the full cost of such lunches. “(f) If in any State the State educational agency is not permitted by law to disburse funds paid to it under this Act to nonprofit private schools in the State, the Secretary shall withhold from the funds apportioned to such State under subsection (b) or (c) of this section an amount which bears the same ratio to such funds as the number of free or reduced-price lunches served in accordance with section 9 of Ante, p. 210. this Act in the fiscal year beginning two years immediately prior to the fiscal year for which the funds are appropriated, by all nonprofit private schools participating in the program under this Act in Such State, bears to the number of such free and reduced-price lunches served during such prior year by all schools participating in the program under this Act in such State, The Secretary shall disburse the funds so withheld directly to the nonprofit private schools within such State for the same purposes and subject to the same conditions as are applicable to a State educational agency disbursing funds under this section. “(g) In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this Act, including those applicable to funds apportioned or paid 76 Stat. 944; 60 Stat. 231; Ante, p. 209. 42 USC 1753, 1754. pursuant to section 4 or 5 but excluding the provisions of section 7 relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section. “(h) (1) Not later than January 1 of each year, each State educational agency shall submit to the Secretary, for approval by him as a prerequisite to receipt of Federal funds or any commodities donated by the Secretary for use in programs under this Act and the 80 Stat. 885. 42 USC 1771 note. Child Nutrition Act of 1966, a State plan of child nutrition operations for the following fiscal year, which shall include, as a minimum, a description of the manner in which the State educational agency proposes (A) to use the funds provided under this Act and funds from sources within the State to furnish a free or reduced-price lunch to every needy child in accordance with the provisions of section 9; (B) to extend the school-lunch program under this Act to every school within the State, and (C) to use the funds provided under section 13 82 Stat. 117; Post, p. 214. 42 USC 1761. of this Act and section 4 of the Child Nutrition Act of 1966 and funds from sources within the State to the maximum extent practicable to reach needy children. “(2) Each school participating in the school-lunch program under this Act shall report each month to its State educational agency the average number of children in the school who received free lunches and the average number of children who received reduced price lunches during the immediately preceding month. Each participating school shall provide an estimate, as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch. “(3) The State educational agency of each State shall report to the Secretary each month the average number of children in the State who received free lunches and the average number of children in the State who received reduced price lunches during the immediately preceding month. Each State educational agency shall provide an estimate as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch.”
1970
Pub. L. 91–248 § 7 · 84 Stat. 207
1. Struck · 42 U.S.C. § 1759a(c)
  Pub. L. 91–248 struck out provision requiring that not less than 50 percent of the remaining sums appropriated be apportioned among the States other than Puerto Rico, the Virgin Islands, Guam, and American Samoa
2. Substituted · 42 U.S.C. § 1759a(c)
  Pub. L. 91–248 substituted formula for apportionment of special assistance funds among the States based on the total number of children aged three to seventeen, inclusive, in households with incomes of less than $4,000 per annum, for a formula based on the number of free or reduced price lunches served in the preceding fiscal year and the assistance need rate, and provided that further apportionment be made on the same basis as the initial apportionment to any State which justifies the need for additional funds
Source evidence
Code amendment note
Subsec. (c). Pub. L. 91–248 struck out provision requiring that not less than 50 percent of the remaining sums appropriated be apportioned among the States other than Puerto Rico, the Virgin Islands, Guam, and American Samoa, substituted formula for apportionment of special assistance funds among the States based on the total number of children aged three to seventeen, inclusive, in households with incomes of less than $4,000 per annum, for a formula based on the number of free or reduced price lunches served in the preceding fiscal year and the assistance need rate, and provided that further apportionment be made on the same basis as the initial apportionment to any State which justifies the need for additional funds.
Enacted provision · exact public law section
Sec. 7. special assistance Section 11 of the National School Lunch Act is amended Appropriations. 76 Stat. 946. 42 USC 1759a. to read as follows: “Sec. 11. “special assistance (a) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each succeeding fiscal year such sums as may be necessary to provide special assistance to assure access to the school lunch program under this Act by children of low-income families. “(b) Of the sums appropriated pursuant to this section for any fiscal year, 3 per centum shall be available for apportionment to Puerto Rico, the Virgin Islands, Guam, and American Samoa. From the funds so available the Secretary shall apportion to each such State an amount which bears the same ratio to such funds as the number of children aged three to seventeen, inclusive, in such State bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of operating experience, the need for additional funds for such purposes. “(c) The remaining sums appropriated pursuant to this section for any fiscal year shall lie apportioned among States, other than Puerto Rico, the Virgin Islands, Guam, and American Samoa. The amount apportioned to each such State shall bear the same ratio to such remaining funds as the number of children in such State aged three to seventeen, inclusive, in households with incomes of less than $4,000 per annum bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of o|ie rating experience, the need for such additional funds for such purposes. “(d) Payment of the funds apportioned to any State under this section shall be made as provided in the last sentence of section 7 of this Act. Ante, p. 209. “(e) Funds paid to any State for any fiscal year pursuant to this section shall be disbursed to schools in such State to assist them in financing all or part of the operating costs of the school lunch program in such schools including the costs of obtaining, preparing, and serving food. The amounts of funds that each school shall from time to time receive, within a maximum per meal amount established by the Secretary for all States, shall be based on the need of the school for assistance in meeting the requirements of section 9 of this Act concerning the Ante, p. 210. service of lunches to children unable to pay the full cost of such lunches. “(f) If in any State the State educational agency is not permitted by law to disburse funds paid to it under this Act to nonprofit private schools in the State, the Secretary shall withhold from the funds apportioned to such State under subsection (b) or (c) of this section an amount which bears the same ratio to such funds as the number of free or reduced-price lunches served in accordance with section 9 of Ante, p. 210. this Act in the fiscal year beginning two years immediately prior to the fiscal year for which the funds are appropriated, by all nonprofit private schools participating in the program under this Act in Such State, bears to the number of such free and reduced-price lunches served during such prior year by all schools participating in the program under this Act in such State, The Secretary shall disburse the funds so withheld directly to the nonprofit private schools within such State for the same purposes and subject to the same conditions as are applicable to a State educational agency disbursing funds under this section. “(g) In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this Act, including those applicable to funds apportioned or paid 76 Stat. 944; 60 Stat. 231; Ante, p. 209. 42 USC 1753, 1754. pursuant to section 4 or 5 but excluding the provisions of section 7 relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section. “(h) (1) Not later than January 1 of each year, each State educational agency shall submit to the Secretary, for approval by him as a prerequisite to receipt of Federal funds or any commodities donated by the Secretary for use in programs under this Act and the 80 Stat. 885. 42 USC 1771 note. Child Nutrition Act of 1966, a State plan of child nutrition operations for the following fiscal year, which shall include, as a minimum, a description of the manner in which the State educational agency proposes (A) to use the funds provided under this Act and funds from sources within the State to furnish a free or reduced-price lunch to every needy child in accordance with the provisions of section 9; (B) to extend the school-lunch program under this Act to every school within the State, and (C) to use the funds provided under section 13 82 Stat. 117; Post, p. 214. 42 USC 1761. of this Act and section 4 of the Child Nutrition Act of 1966 and funds from sources within the State to the maximum extent practicable to reach needy children. “(2) Each school participating in the school-lunch program under this Act shall report each month to its State educational agency the average number of children in the school who received free lunches and the average number of children who received reduced price lunches during the immediately preceding month. Each participating school shall provide an estimate, as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch. “(3) The State educational agency of each State shall report to the Secretary each month the average number of children in the State who received free lunches and the average number of children in the State who received reduced price lunches during the immediately preceding month. Each State educational agency shall provide an estimate as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch.”
1970
Pub. L. 91–248 § 7 · 84 Stat. 207
1. Substituted · 42 U.S.C. § 1759a(e)
  Pub. L. 91–248 substituted provision requiring that funds disbursed by the State be used to assist schools in financing all or part of the operating costs of the school lunch program, for requirement that disbursed funds be used to assist schools in the purchase of agricultural commodities and other foods
2. Struck · 42 U.S.C. § 1759a(e)
  Pub. L. 91–248 struck out provision relating to the selection of schools to receive funds
3. Substituted · 42 U.S.C. § 1759a(e)
  Pub. L. 91–248 substituted as a basis for determination of the amount of funds to go to each school the need of that school for assistance in meeting the requirements of section 1758 of this title, for such factors as economic condition of area from which school draws attendance, the percentages of free and reduced price lunches being served in such schools, the price of lunches in such schools compared with the average prevailing price of lunches served in the State under this chapter and the need of such schools for assistance as reflected by the financial position of the school’s lunch programs
Source evidence
Code amendment note
Subsec. (e). Pub. L. 91–248 substituted provision requiring that funds disbursed by the State be used to assist schools in financing all or part of the operating costs of the school lunch program, for requirement that disbursed funds be used to assist schools in the purchase of agricultural commodities and other foods, struck out provision relating to the selection of schools to receive funds, and substituted as a basis for determination of the amount of funds to go to each school the need of that school for assistance in meeting the requirements of section 1758 of this title, for such factors as economic condition of area from which school draws attendance, the percentages of free and reduced price lunches being served in such schools, the price of lunches in such schools compared with the average prevailing price of lunches served in the State under this chapter and the need of such schools for assistance as reflected by the financial position of the school’s lunch programs.
Enacted provision · exact public law section
Sec. 7. special assistance Section 11 of the National School Lunch Act is amended Appropriations. 76 Stat. 946. 42 USC 1759a. to read as follows: “Sec. 11. “special assistance (a) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each succeeding fiscal year such sums as may be necessary to provide special assistance to assure access to the school lunch program under this Act by children of low-income families. “(b) Of the sums appropriated pursuant to this section for any fiscal year, 3 per centum shall be available for apportionment to Puerto Rico, the Virgin Islands, Guam, and American Samoa. From the funds so available the Secretary shall apportion to each such State an amount which bears the same ratio to such funds as the number of children aged three to seventeen, inclusive, in such State bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of operating experience, the need for additional funds for such purposes. “(c) The remaining sums appropriated pursuant to this section for any fiscal year shall lie apportioned among States, other than Puerto Rico, the Virgin Islands, Guam, and American Samoa. The amount apportioned to each such State shall bear the same ratio to such remaining funds as the number of children in such State aged three to seventeen, inclusive, in households with incomes of less than $4,000 per annum bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of o|ie rating experience, the need for such additional funds for such purposes. “(d) Payment of the funds apportioned to any State under this section shall be made as provided in the last sentence of section 7 of this Act. Ante, p. 209. “(e) Funds paid to any State for any fiscal year pursuant to this section shall be disbursed to schools in such State to assist them in financing all or part of the operating costs of the school lunch program in such schools including the costs of obtaining, preparing, and serving food. The amounts of funds that each school shall from time to time receive, within a maximum per meal amount established by the Secretary for all States, shall be based on the need of the school for assistance in meeting the requirements of section 9 of this Act concerning the Ante, p. 210. service of lunches to children unable to pay the full cost of such lunches. “(f) If in any State the State educational agency is not permitted by law to disburse funds paid to it under this Act to nonprofit private schools in the State, the Secretary shall withhold from the funds apportioned to such State under subsection (b) or (c) of this section an amount which bears the same ratio to such funds as the number of free or reduced-price lunches served in accordance with section 9 of Ante, p. 210. this Act in the fiscal year beginning two years immediately prior to the fiscal year for which the funds are appropriated, by all nonprofit private schools participating in the program under this Act in Such State, bears to the number of such free and reduced-price lunches served during such prior year by all schools participating in the program under this Act in such State, The Secretary shall disburse the funds so withheld directly to the nonprofit private schools within such State for the same purposes and subject to the same conditions as are applicable to a State educational agency disbursing funds under this section. “(g) In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this Act, including those applicable to funds apportioned or paid 76 Stat. 944; 60 Stat. 231; Ante, p. 209. 42 USC 1753, 1754. pursuant to section 4 or 5 but excluding the provisions of section 7 relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section. “(h) (1) Not later than January 1 of each year, each State educational agency shall submit to the Secretary, for approval by him as a prerequisite to receipt of Federal funds or any commodities donated by the Secretary for use in programs under this Act and the 80 Stat. 885. 42 USC 1771 note. Child Nutrition Act of 1966, a State plan of child nutrition operations for the following fiscal year, which shall include, as a minimum, a description of the manner in which the State educational agency proposes (A) to use the funds provided under this Act and funds from sources within the State to furnish a free or reduced-price lunch to every needy child in accordance with the provisions of section 9; (B) to extend the school-lunch program under this Act to every school within the State, and (C) to use the funds provided under section 13 82 Stat. 117; Post, p. 214. 42 USC 1761. of this Act and section 4 of the Child Nutrition Act of 1966 and funds from sources within the State to the maximum extent practicable to reach needy children. “(2) Each school participating in the school-lunch program under this Act shall report each month to its State educational agency the average number of children in the school who received free lunches and the average number of children who received reduced price lunches during the immediately preceding month. Each participating school shall provide an estimate, as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch. “(3) The State educational agency of each State shall report to the Secretary each month the average number of children in the State who received free lunches and the average number of children in the State who received reduced price lunches during the immediately preceding month. Each State educational agency shall provide an estimate as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch.”
1970
Pub. L. 91–248 § 7 · 84 Stat. 207
Substituted · 42 U.S.C. § 1759a(f)
Pub. L. 91–248 substituted “in the fiscal year beginning two years immediately prior to the fiscal year for which the funds are appropriated” for “in the preceding fiscal year”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 91–248 substituted “in the fiscal year beginning two years immediately prior to the fiscal year for which the funds are appropriated” for “in the preceding fiscal year”.
Enacted provision · exact public law section
Sec. 7. special assistance Section 11 of the National School Lunch Act is amended Appropriations. 76 Stat. 946. 42 USC 1759a. to read as follows: “Sec. 11. “special assistance (a) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each succeeding fiscal year such sums as may be necessary to provide special assistance to assure access to the school lunch program under this Act by children of low-income families. “(b) Of the sums appropriated pursuant to this section for any fiscal year, 3 per centum shall be available for apportionment to Puerto Rico, the Virgin Islands, Guam, and American Samoa. From the funds so available the Secretary shall apportion to each such State an amount which bears the same ratio to such funds as the number of children aged three to seventeen, inclusive, in such State bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of operating experience, the need for additional funds for such purposes. “(c) The remaining sums appropriated pursuant to this section for any fiscal year shall lie apportioned among States, other than Puerto Rico, the Virgin Islands, Guam, and American Samoa. The amount apportioned to each such State shall bear the same ratio to such remaining funds as the number of children in such State aged three to seventeen, inclusive, in households with incomes of less than $4,000 per annum bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of o|ie rating experience, the need for such additional funds for such purposes. “(d) Payment of the funds apportioned to any State under this section shall be made as provided in the last sentence of section 7 of this Act. Ante, p. 209. “(e) Funds paid to any State for any fiscal year pursuant to this section shall be disbursed to schools in such State to assist them in financing all or part of the operating costs of the school lunch program in such schools including the costs of obtaining, preparing, and serving food. The amounts of funds that each school shall from time to time receive, within a maximum per meal amount established by the Secretary for all States, shall be based on the need of the school for assistance in meeting the requirements of section 9 of this Act concerning the Ante, p. 210. service of lunches to children unable to pay the full cost of such lunches. “(f) If in any State the State educational agency is not permitted by law to disburse funds paid to it under this Act to nonprofit private schools in the State, the Secretary shall withhold from the funds apportioned to such State under subsection (b) or (c) of this section an amount which bears the same ratio to such funds as the number of free or reduced-price lunches served in accordance with section 9 of Ante, p. 210. this Act in the fiscal year beginning two years immediately prior to the fiscal year for which the funds are appropriated, by all nonprofit private schools participating in the program under this Act in Such State, bears to the number of such free and reduced-price lunches served during such prior year by all schools participating in the program under this Act in such State, The Secretary shall disburse the funds so withheld directly to the nonprofit private schools within such State for the same purposes and subject to the same conditions as are applicable to a State educational agency disbursing funds under this section. “(g) In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this Act, including those applicable to funds apportioned or paid 76 Stat. 944; 60 Stat. 231; Ante, p. 209. 42 USC 1753, 1754. pursuant to section 4 or 5 but excluding the provisions of section 7 relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section. “(h) (1) Not later than January 1 of each year, each State educational agency shall submit to the Secretary, for approval by him as a prerequisite to receipt of Federal funds or any commodities donated by the Secretary for use in programs under this Act and the 80 Stat. 885. 42 USC 1771 note. Child Nutrition Act of 1966, a State plan of child nutrition operations for the following fiscal year, which shall include, as a minimum, a description of the manner in which the State educational agency proposes (A) to use the funds provided under this Act and funds from sources within the State to furnish a free or reduced-price lunch to every needy child in accordance with the provisions of section 9; (B) to extend the school-lunch program under this Act to every school within the State, and (C) to use the funds provided under section 13 82 Stat. 117; Post, p. 214. 42 USC 1761. of this Act and section 4 of the Child Nutrition Act of 1966 and funds from sources within the State to the maximum extent practicable to reach needy children. “(2) Each school participating in the school-lunch program under this Act shall report each month to its State educational agency the average number of children in the school who received free lunches and the average number of children who received reduced price lunches during the immediately preceding month. Each participating school shall provide an estimate, as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch. “(3) The State educational agency of each State shall report to the Secretary each month the average number of children in the State who received free lunches and the average number of children in the State who received reduced price lunches during the immediately preceding month. Each State educational agency shall provide an estimate as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch.”
1970
Pub. L. 91–248 § 7 · 84 Stat. 207
Added · 42 U.S.C. § 1759a(h)
Pub. L. 91–248 added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 91–248 added subsec. (h).
Enacted provision · exact public law section
Sec. 7. special assistance Section 11 of the National School Lunch Act is amended Appropriations. 76 Stat. 946. 42 USC 1759a. to read as follows: “Sec. 11. “special assistance (a) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each succeeding fiscal year such sums as may be necessary to provide special assistance to assure access to the school lunch program under this Act by children of low-income families. “(b) Of the sums appropriated pursuant to this section for any fiscal year, 3 per centum shall be available for apportionment to Puerto Rico, the Virgin Islands, Guam, and American Samoa. From the funds so available the Secretary shall apportion to each such State an amount which bears the same ratio to such funds as the number of children aged three to seventeen, inclusive, in such State bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of operating experience, the need for additional funds for such purposes. “(c) The remaining sums appropriated pursuant to this section for any fiscal year shall lie apportioned among States, other than Puerto Rico, the Virgin Islands, Guam, and American Samoa. The amount apportioned to each such State shall bear the same ratio to such remaining funds as the number of children in such State aged three to seventeen, inclusive, in households with incomes of less than $4,000 per annum bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of o|ie rating experience, the need for such additional funds for such purposes. “(d) Payment of the funds apportioned to any State under this section shall be made as provided in the last sentence of section 7 of this Act. Ante, p. 209. “(e) Funds paid to any State for any fiscal year pursuant to this section shall be disbursed to schools in such State to assist them in financing all or part of the operating costs of the school lunch program in such schools including the costs of obtaining, preparing, and serving food. The amounts of funds that each school shall from time to time receive, within a maximum per meal amount established by the Secretary for all States, shall be based on the need of the school for assistance in meeting the requirements of section 9 of this Act concerning the Ante, p. 210. service of lunches to children unable to pay the full cost of such lunches. “(f) If in any State the State educational agency is not permitted by law to disburse funds paid to it under this Act to nonprofit private schools in the State, the Secretary shall withhold from the funds apportioned to such State under subsection (b) or (c) of this section an amount which bears the same ratio to such funds as the number of free or reduced-price lunches served in accordance with section 9 of Ante, p. 210. this Act in the fiscal year beginning two years immediately prior to the fiscal year for which the funds are appropriated, by all nonprofit private schools participating in the program under this Act in Such State, bears to the number of such free and reduced-price lunches served during such prior year by all schools participating in the program under this Act in such State, The Secretary shall disburse the funds so withheld directly to the nonprofit private schools within such State for the same purposes and subject to the same conditions as are applicable to a State educational agency disbursing funds under this section. “(g) In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this Act, including those applicable to funds apportioned or paid 76 Stat. 944; 60 Stat. 231; Ante, p. 209. 42 USC 1753, 1754. pursuant to section 4 or 5 but excluding the provisions of section 7 relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section. “(h) (1) Not later than January 1 of each year, each State educational agency shall submit to the Secretary, for approval by him as a prerequisite to receipt of Federal funds or any commodities donated by the Secretary for use in programs under this Act and the 80 Stat. 885. 42 USC 1771 note. Child Nutrition Act of 1966, a State plan of child nutrition operations for the following fiscal year, which shall include, as a minimum, a description of the manner in which the State educational agency proposes (A) to use the funds provided under this Act and funds from sources within the State to furnish a free or reduced-price lunch to every needy child in accordance with the provisions of section 9; (B) to extend the school-lunch program under this Act to every school within the State, and (C) to use the funds provided under section 13 82 Stat. 117; Post, p. 214. 42 USC 1761. of this Act and section 4 of the Child Nutrition Act of 1966 and funds from sources within the State to the maximum extent practicable to reach needy children. “(2) Each school participating in the school-lunch program under this Act shall report each month to its State educational agency the average number of children in the school who received free lunches and the average number of children who received reduced price lunches during the immediately preceding month. Each participating school shall provide an estimate, as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch. “(3) The State educational agency of each State shall report to the Secretary each month the average number of children in the State who received free lunches and the average number of children in the State who received reduced price lunches during the immediately preceding month. Each State educational agency shall provide an estimate as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch.”
1971
Pub. L. 92–153 § 4 · 85 Stat. 419
Changed · 42 U.S.C. § 1759a(e)
Pub. L. 92–153 established a reimbursement rate as amount of funds to be disbursed to schools in a State, provided for receipt of a greater amount or reimbursement per meal if the school established financial inability to support service of meals, and prescribed maximum per meal amount and higher maximum per meal amount for especially needy schools
Source evidence
Code amendment note
Subsec. (e). Pub. L. 92–153 established a reimbursement rate as amount of funds to be disbursed to schools in a State, provided for receipt of a greater amount or reimbursement per meal if the school established financial inability to support service of meals, and prescribed maximum per meal amount and higher maximum per meal amount for especially needy schools.
Enacted provision · exact public law section
Sec. 4. Section 11(e) of the National School Lunch Act is amended by inserting the following immediately after “the full cost of such lunches”: “but in no event shall such amounts be less than an amount determined by— “(1) multiplying the number of meals served free in the school during such year by 40 cents or the cost per meal of providing such meals, whichever is less, and “(2) multiplying the number of meals served at a reduced price in the school during such year by 40 cents or the cost per meal of providing such meals less the highest reduced price charged, whichever is less: Provided, however, That any school which requires a greater amount of reimbursement per meal served free or at a reduced price in order Infra. to fulfill the requirements of section 9 of this Act shall receive such greater amount if it can establish to the satisfaction of the State agency that it would otherwise be financially unable to support the service of such meals. The maximum per meal amount established by the Secretary shall in no event be less than 40 cents; and the Secretary shall establish a higher maximum per meal amount for especially needy schools based on such schools need for assistance in providing free and reduced price lunches for all needy children.”
1973
National School Lunch and Child Nutrition Act Amendments of 1973
Pub. L. 93–150 § 3(a) · 87 Stat. 560
1. Added · 42 U.S.C. § 1759a(a)
  Pub. L. 93–150 added subsec. (a)
2. Struck · 42 U.S.C. § 1759a(a)
  Pub. L. 93–150 struck out former subsec. (a) provisions relating to appropriations authorization for fiscal year ending June 30, 1971, and succeeding fiscal years of such sums as may be necessary to provide special assistance to assure access to the school lunch program under this chapter by children of low-income families
Source evidence
Code amendment note
Subsec. (a). Pub. L. 93–150 added subsec. (a) and struck out former subsec. (a) provisions relating to appropriations authorization for fiscal year ending June 30, 1971, and succeeding fiscal years of such sums as may be necessary to provide special assistance to assure access to the school lunch program under this chapter by children of low-income families.
Enacted provision · exact public law section
(a) Section 11 of the National School Lunch Act is amended 84 Stat. 211. 42 USC 17S9a. by redesignating subsections (g) and (h) as subsections (d) and (e), respectively, and by striking out subsections (a), (b), (c), (d), (e), and (f), and inserting in lieu thereof the following: “(a) Except as provided in section 10 of this Act, in each fiscal year State educational agencies. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. each State educational agency shall receive special-assistance payments in an amount equal to the sum of the product obtained by multi plying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to subsection 9(a) of this Act) served free to children 42 USC 1758. eligible for such lunches in schools within that State during such fiscal year by the special-assistance factor for free lunches prescribed by the Secretary for such fiscal year and the product obtained by multiplying the number of lunches served at a reduced price to children eligible for such reduced-price lunches in schools within that State during such fiscal year by the special-assistance factor for reduced-price lunches prescribed by the Secretary for such fiscal year. For the fiscal year beginning July 1, 1973, the Secretary shall prescribe a special-assists nee factor for free lunches of not less than 45 cents and a special-assistance fact or for reduced-price lunches which shall be 10 cents less than the special-assistance factor for free lunches. The Secretary shall prescribe on July 1 of each fiscal year, and on January 1, of each fiscal year, semiannual adjustments in the national average rates for lunches served under section 4 of the National School Lunch Act and the special-assistance factor for the lunches served Ante, p. 560. Supra. under section 11 of the National School Lunch Act, and the national average rates for breakfasts served under section 4 of the Child Nutrition Act of 1966, as amended, that shall reflect changes in the cost of Post, p. 562. operating a school lunch and breakfast program under these Acts, as indicated by the change in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor: Provided, That the initial such adjustment shall reflect the change in the series for food away from home during the period September 1973, through November 1973: Provided further, That each subsequent adjustment shall reflect the changes in the series for food away from home for the most recent six-month period for which such data are available: Provided further, That such adjustments shall be computed to the nearest one-fourth cent. Notwithstanding the foregoing two sentences, (1) for the fiscal year beginning July 1, 1973, no special assistance factor under this section 11 shall, for any State, be less than the average reimbursement paid for each free lunch (in the case of the special assistance factor for free lunches), or for each reduced price lunch (in the case of the special assistance factor for reduced price lunches), in such State under this section in the fiscal year beginning July 1, 1972; and (2) adjustments required by the sentence immediately preceding this sentence shall be based on the special assistance factors for the fiscal year beginning July 1, 1973, as determined without regard to any increase required by the application of this sentence. “(b) Except as provided in section 10 of the Child Nutrition Act of 1966, the special-assistance payments made to each State agency 80 Stat. 889; 84 Stat. 212; 86 Stat. 729. 42 USC 1779. during each fiscal year under the provisions of this section shall be used by such State agency to assist schools of that State in financing the cost of providing free and reduced-price lunches served to children pursuant to subsection 9(b) of this Act. The amount of such 86 Stat. 727. 42 USC 1758. special assistance funds that a school shall from time to time receive, within a maximum per lunch amount established by the Secretary for all States, shall be based on the need of the school for such special assistance. Such maximum per lunch amount established by the Secretary shall not be less than 60 cents. “(c) Special assistance payments to any State under this section 60 Stat. 232; 86 Stat. 731. 42 USC 1756. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. shall be made as provided in the last sentence of section 7 of this Act.”
1973
National School Lunch and Child Nutrition Act Amendments of 1973
Pub. L. 93–150 § 3(a) · 87 Stat. 560
1. Added · 42 U.S.C. § 1759a(b)
  Pub. L. 93–150 added subsec. (b)
2. Struck · 42 U.S.C. § 1759a(b)
  Pub. L. 93–150 struck out former subsec. (b) provisions relating to formula for apportionment of funds and need for additional funds
Source evidence
Code amendment note
Subsec. (b). Pub. L. 93–150 added subsec. (b) and struck out former subsec. (b) provisions relating to formula for apportionment of funds and need for additional funds.
Enacted provision · exact public law section
(a) Section 11 of the National School Lunch Act is amended 84 Stat. 211. 42 USC 17S9a. by redesignating subsections (g) and (h) as subsections (d) and (e), respectively, and by striking out subsections (a), (b), (c), (d), (e), and (f), and inserting in lieu thereof the following: “(a) Except as provided in section 10 of this Act, in each fiscal year State educational agencies. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. each State educational agency shall receive special-assistance payments in an amount equal to the sum of the product obtained by multi plying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to subsection 9(a) of this Act) served free to children 42 USC 1758. eligible for such lunches in schools within that State during such fiscal year by the special-assistance factor for free lunches prescribed by the Secretary for such fiscal year and the product obtained by multiplying the number of lunches served at a reduced price to children eligible for such reduced-price lunches in schools within that State during such fiscal year by the special-assistance factor for reduced-price lunches prescribed by the Secretary for such fiscal year. For the fiscal year beginning July 1, 1973, the Secretary shall prescribe a special-assists nee factor for free lunches of not less than 45 cents and a special-assistance fact or for reduced-price lunches which shall be 10 cents less than the special-assistance factor for free lunches. The Secretary shall prescribe on July 1 of each fiscal year, and on January 1, of each fiscal year, semiannual adjustments in the national average rates for lunches served under section 4 of the National School Lunch Act and the special-assistance factor for the lunches served Ante, p. 560. Supra. under section 11 of the National School Lunch Act, and the national average rates for breakfasts served under section 4 of the Child Nutrition Act of 1966, as amended, that shall reflect changes in the cost of Post, p. 562. operating a school lunch and breakfast program under these Acts, as indicated by the change in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor: Provided, That the initial such adjustment shall reflect the change in the series for food away from home during the period September 1973, through November 1973: Provided further, That each subsequent adjustment shall reflect the changes in the series for food away from home for the most recent six-month period for which such data are available: Provided further, That such adjustments shall be computed to the nearest one-fourth cent. Notwithstanding the foregoing two sentences, (1) for the fiscal year beginning July 1, 1973, no special assistance factor under this section 11 shall, for any State, be less than the average reimbursement paid for each free lunch (in the case of the special assistance factor for free lunches), or for each reduced price lunch (in the case of the special assistance factor for reduced price lunches), in such State under this section in the fiscal year beginning July 1, 1972; and (2) adjustments required by the sentence immediately preceding this sentence shall be based on the special assistance factors for the fiscal year beginning July 1, 1973, as determined without regard to any increase required by the application of this sentence. “(b) Except as provided in section 10 of the Child Nutrition Act of 1966, the special-assistance payments made to each State agency 80 Stat. 889; 84 Stat. 212; 86 Stat. 729. 42 USC 1779. during each fiscal year under the provisions of this section shall be used by such State agency to assist schools of that State in financing the cost of providing free and reduced-price lunches served to children pursuant to subsection 9(b) of this Act. The amount of such 86 Stat. 727. 42 USC 1758. special assistance funds that a school shall from time to time receive, within a maximum per lunch amount established by the Secretary for all States, shall be based on the need of the school for such special assistance. Such maximum per lunch amount established by the Secretary shall not be less than 60 cents. “(c) Special assistance payments to any State under this section 60 Stat. 232; 86 Stat. 731. 42 USC 1756. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. shall be made as provided in the last sentence of section 7 of this Act.”
1973
National School Lunch and Child Nutrition Act Amendments of 1973
Pub. L. 93–150 § 3(a) · 87 Stat. 560
1. Redesignated · 42 U.S.C. § 1759a(c)
  Pub. L. 93–150 redesignated subsec. (d) as (c)
2. Substituted · 42 U.S.C. § 1759a(c)
  Pub. L. 93–150 substituted “Special assistance payments to any State” for “Payment of the funds apportioned to any State”
3. Struck · 42 U.S.C. § 1759a(c)
  Pub. L. 93–150 struck out former subsec. (c) provisions relating to basis for apportionment among States and need for additional funds
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–150 redesignated subsec. (d) as (c), substituted “Special assistance payments to any State” for “Payment of the funds apportioned to any State”, and struck out former subsec. (c) provisions relating to basis for apportionment among States and need for additional funds.
Enacted provision · exact public law section
(a) Section 11 of the National School Lunch Act is amended 84 Stat. 211. 42 USC 17S9a. by redesignating subsections (g) and (h) as subsections (d) and (e), respectively, and by striking out subsections (a), (b), (c), (d), (e), and (f), and inserting in lieu thereof the following: “(a) Except as provided in section 10 of this Act, in each fiscal year State educational agencies. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. each State educational agency shall receive special-assistance payments in an amount equal to the sum of the product obtained by multi plying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to subsection 9(a) of this Act) served free to children 42 USC 1758. eligible for such lunches in schools within that State during such fiscal year by the special-assistance factor for free lunches prescribed by the Secretary for such fiscal year and the product obtained by multiplying the number of lunches served at a reduced price to children eligible for such reduced-price lunches in schools within that State during such fiscal year by the special-assistance factor for reduced-price lunches prescribed by the Secretary for such fiscal year. For the fiscal year beginning July 1, 1973, the Secretary shall prescribe a special-assists nee factor for free lunches of not less than 45 cents and a special-assistance fact or for reduced-price lunches which shall be 10 cents less than the special-assistance factor for free lunches. The Secretary shall prescribe on July 1 of each fiscal year, and on January 1, of each fiscal year, semiannual adjustments in the national average rates for lunches served under section 4 of the National School Lunch Act and the special-assistance factor for the lunches served Ante, p. 560. Supra. under section 11 of the National School Lunch Act, and the national average rates for breakfasts served under section 4 of the Child Nutrition Act of 1966, as amended, that shall reflect changes in the cost of Post, p. 562. operating a school lunch and breakfast program under these Acts, as indicated by the change in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor: Provided, That the initial such adjustment shall reflect the change in the series for food away from home during the period September 1973, through November 1973: Provided further, That each subsequent adjustment shall reflect the changes in the series for food away from home for the most recent six-month period for which such data are available: Provided further, That such adjustments shall be computed to the nearest one-fourth cent. Notwithstanding the foregoing two sentences, (1) for the fiscal year beginning July 1, 1973, no special assistance factor under this section 11 shall, for any State, be less than the average reimbursement paid for each free lunch (in the case of the special assistance factor for free lunches), or for each reduced price lunch (in the case of the special assistance factor for reduced price lunches), in such State under this section in the fiscal year beginning July 1, 1972; and (2) adjustments required by the sentence immediately preceding this sentence shall be based on the special assistance factors for the fiscal year beginning July 1, 1973, as determined without regard to any increase required by the application of this sentence. “(b) Except as provided in section 10 of the Child Nutrition Act of 1966, the special-assistance payments made to each State agency 80 Stat. 889; 84 Stat. 212; 86 Stat. 729. 42 USC 1779. during each fiscal year under the provisions of this section shall be used by such State agency to assist schools of that State in financing the cost of providing free and reduced-price lunches served to children pursuant to subsection 9(b) of this Act. The amount of such 86 Stat. 727. 42 USC 1758. special assistance funds that a school shall from time to time receive, within a maximum per lunch amount established by the Secretary for all States, shall be based on the need of the school for such special assistance. Such maximum per lunch amount established by the Secretary shall not be less than 60 cents. “(c) Special assistance payments to any State under this section 60 Stat. 232; 86 Stat. 731. 42 USC 1756. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. shall be made as provided in the last sentence of section 7 of this Act.”
1973
National School Lunch and Child Nutrition Act Amendments of 1973
Pub. L. 93–150 § 3(a) · 87 Stat. 560
Redesignated · 42 U.S.C. § 1759a(d)
Pub. L. 93–150 redesignated subsec. (g) as (d). Former subsec. (d) redesignated (c)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 93–150 redesignated subsec. (g) as (d). Former subsec. (d) redesignated (c).
Enacted provision · exact public law section
(a) Section 11 of the National School Lunch Act is amended 84 Stat. 211. 42 USC 17S9a. by redesignating subsections (g) and (h) as subsections (d) and (e), respectively, and by striking out subsections (a), (b), (c), (d), (e), and (f), and inserting in lieu thereof the following: “(a) Except as provided in section 10 of this Act, in each fiscal year State educational agencies. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. each State educational agency shall receive special-assistance payments in an amount equal to the sum of the product obtained by multi plying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to subsection 9(a) of this Act) served free to children 42 USC 1758. eligible for such lunches in schools within that State during such fiscal year by the special-assistance factor for free lunches prescribed by the Secretary for such fiscal year and the product obtained by multiplying the number of lunches served at a reduced price to children eligible for such reduced-price lunches in schools within that State during such fiscal year by the special-assistance factor for reduced-price lunches prescribed by the Secretary for such fiscal year. For the fiscal year beginning July 1, 1973, the Secretary shall prescribe a special-assists nee factor for free lunches of not less than 45 cents and a special-assistance fact or for reduced-price lunches which shall be 10 cents less than the special-assistance factor for free lunches. The Secretary shall prescribe on July 1 of each fiscal year, and on January 1, of each fiscal year, semiannual adjustments in the national average rates for lunches served under section 4 of the National School Lunch Act and the special-assistance factor for the lunches served Ante, p. 560. Supra. under section 11 of the National School Lunch Act, and the national average rates for breakfasts served under section 4 of the Child Nutrition Act of 1966, as amended, that shall reflect changes in the cost of Post, p. 562. operating a school lunch and breakfast program under these Acts, as indicated by the change in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor: Provided, That the initial such adjustment shall reflect the change in the series for food away from home during the period September 1973, through November 1973: Provided further, That each subsequent adjustment shall reflect the changes in the series for food away from home for the most recent six-month period for which such data are available: Provided further, That such adjustments shall be computed to the nearest one-fourth cent. Notwithstanding the foregoing two sentences, (1) for the fiscal year beginning July 1, 1973, no special assistance factor under this section 11 shall, for any State, be less than the average reimbursement paid for each free lunch (in the case of the special assistance factor for free lunches), or for each reduced price lunch (in the case of the special assistance factor for reduced price lunches), in such State under this section in the fiscal year beginning July 1, 1972; and (2) adjustments required by the sentence immediately preceding this sentence shall be based on the special assistance factors for the fiscal year beginning July 1, 1973, as determined without regard to any increase required by the application of this sentence. “(b) Except as provided in section 10 of the Child Nutrition Act of 1966, the special-assistance payments made to each State agency 80 Stat. 889; 84 Stat. 212; 86 Stat. 729. 42 USC 1779. during each fiscal year under the provisions of this section shall be used by such State agency to assist schools of that State in financing the cost of providing free and reduced-price lunches served to children pursuant to subsection 9(b) of this Act. The amount of such 86 Stat. 727. 42 USC 1758. special assistance funds that a school shall from time to time receive, within a maximum per lunch amount established by the Secretary for all States, shall be based on the need of the school for such special assistance. Such maximum per lunch amount established by the Secretary shall not be less than 60 cents. “(c) Special assistance payments to any State under this section 60 Stat. 232; 86 Stat. 731. 42 USC 1756. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. shall be made as provided in the last sentence of section 7 of this Act.”
1973
National School Lunch and Child Nutrition Act Amendments of 1973
Pub. L. 93–150 § 3(a) · 87 Stat. 560
1. Redesignated · 42 U.S.C. § 1759a(e)
  Pub. L. 93–150 redesignated subsec. (h) as (e)
2. Struck · 42 U.S.C. § 1759a(e)
  Pub. L. 93–150 struck out former subsec. (e) provisions relating to State disbursement to schools for financing operating costs of the school lunch program and basis for determination of amount of funds. Subject matter was covered by subsecs. (a) and (b) of this section
Source evidence
Code amendment note
Subsec. (e). Pub. L. 93–150 redesignated subsec. (h) as (e) and struck out former subsec. (e) provisions relating to State disbursement to schools for financing operating costs of the school lunch program and basis for determination of amount of funds. Subject matter was covered by subsecs. (a) and (b) of this section.
Enacted provision · exact public law section
(a) Section 11 of the National School Lunch Act is amended 84 Stat. 211. 42 USC 17S9a. by redesignating subsections (g) and (h) as subsections (d) and (e), respectively, and by striking out subsections (a), (b), (c), (d), (e), and (f), and inserting in lieu thereof the following: “(a) Except as provided in section 10 of this Act, in each fiscal year State educational agencies. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. each State educational agency shall receive special-assistance payments in an amount equal to the sum of the product obtained by multi plying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to subsection 9(a) of this Act) served free to children 42 USC 1758. eligible for such lunches in schools within that State during such fiscal year by the special-assistance factor for free lunches prescribed by the Secretary for such fiscal year and the product obtained by multiplying the number of lunches served at a reduced price to children eligible for such reduced-price lunches in schools within that State during such fiscal year by the special-assistance factor for reduced-price lunches prescribed by the Secretary for such fiscal year. For the fiscal year beginning July 1, 1973, the Secretary shall prescribe a special-assists nee factor for free lunches of not less than 45 cents and a special-assistance fact or for reduced-price lunches which shall be 10 cents less than the special-assistance factor for free lunches. The Secretary shall prescribe on July 1 of each fiscal year, and on January 1, of each fiscal year, semiannual adjustments in the national average rates for lunches served under section 4 of the National School Lunch Act and the special-assistance factor for the lunches served Ante, p. 560. Supra. under section 11 of the National School Lunch Act, and the national average rates for breakfasts served under section 4 of the Child Nutrition Act of 1966, as amended, that shall reflect changes in the cost of Post, p. 562. operating a school lunch and breakfast program under these Acts, as indicated by the change in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor: Provided, That the initial such adjustment shall reflect the change in the series for food away from home during the period September 1973, through November 1973: Provided further, That each subsequent adjustment shall reflect the changes in the series for food away from home for the most recent six-month period for which such data are available: Provided further, That such adjustments shall be computed to the nearest one-fourth cent. Notwithstanding the foregoing two sentences, (1) for the fiscal year beginning July 1, 1973, no special assistance factor under this section 11 shall, for any State, be less than the average reimbursement paid for each free lunch (in the case of the special assistance factor for free lunches), or for each reduced price lunch (in the case of the special assistance factor for reduced price lunches), in such State under this section in the fiscal year beginning July 1, 1972; and (2) adjustments required by the sentence immediately preceding this sentence shall be based on the special assistance factors for the fiscal year beginning July 1, 1973, as determined without regard to any increase required by the application of this sentence. “(b) Except as provided in section 10 of the Child Nutrition Act of 1966, the special-assistance payments made to each State agency 80 Stat. 889; 84 Stat. 212; 86 Stat. 729. 42 USC 1779. during each fiscal year under the provisions of this section shall be used by such State agency to assist schools of that State in financing the cost of providing free and reduced-price lunches served to children pursuant to subsection 9(b) of this Act. The amount of such 86 Stat. 727. 42 USC 1758. special assistance funds that a school shall from time to time receive, within a maximum per lunch amount established by the Secretary for all States, shall be based on the need of the school for such special assistance. Such maximum per lunch amount established by the Secretary shall not be less than 60 cents. “(c) Special assistance payments to any State under this section 60 Stat. 232; 86 Stat. 731. 42 USC 1756. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. shall be made as provided in the last sentence of section 7 of this Act.”
1973
National School Lunch and Child Nutrition Act Amendments of 1973
Pub. L. 93–150 § 3(a) · 87 Stat. 560
Struck · 42 U.S.C. § 1759a(f)
Pub. L. 93–150 struck out subsec. (f) provisions relating to withholding of funds from State educational agencies not permitted to disburse funds to nonprofit private schools and direct disbursement to nonprofit private schools, and conditions thereof
Source evidence
Code amendment note
Subsec. (f). Pub. L. 93–150 struck out subsec. (f) provisions relating to withholding of funds from State educational agencies not permitted to disburse funds to nonprofit private schools and direct disbursement to nonprofit private schools, and conditions thereof.
Enacted provision · exact public law section
(a) Section 11 of the National School Lunch Act is amended 84 Stat. 211. 42 USC 17S9a. by redesignating subsections (g) and (h) as subsections (d) and (e), respectively, and by striking out subsections (a), (b), (c), (d), (e), and (f), and inserting in lieu thereof the following: “(a) Except as provided in section 10 of this Act, in each fiscal year State educational agencies. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. each State educational agency shall receive special-assistance payments in an amount equal to the sum of the product obtained by multi plying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to subsection 9(a) of this Act) served free to children 42 USC 1758. eligible for such lunches in schools within that State during such fiscal year by the special-assistance factor for free lunches prescribed by the Secretary for such fiscal year and the product obtained by multiplying the number of lunches served at a reduced price to children eligible for such reduced-price lunches in schools within that State during such fiscal year by the special-assistance factor for reduced-price lunches prescribed by the Secretary for such fiscal year. For the fiscal year beginning July 1, 1973, the Secretary shall prescribe a special-assists nee factor for free lunches of not less than 45 cents and a special-assistance fact or for reduced-price lunches which shall be 10 cents less than the special-assistance factor for free lunches. The Secretary shall prescribe on July 1 of each fiscal year, and on January 1, of each fiscal year, semiannual adjustments in the national average rates for lunches served under section 4 of the National School Lunch Act and the special-assistance factor for the lunches served Ante, p. 560. Supra. under section 11 of the National School Lunch Act, and the national average rates for breakfasts served under section 4 of the Child Nutrition Act of 1966, as amended, that shall reflect changes in the cost of Post, p. 562. operating a school lunch and breakfast program under these Acts, as indicated by the change in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor: Provided, That the initial such adjustment shall reflect the change in the series for food away from home during the period September 1973, through November 1973: Provided further, That each subsequent adjustment shall reflect the changes in the series for food away from home for the most recent six-month period for which such data are available: Provided further, That such adjustments shall be computed to the nearest one-fourth cent. Notwithstanding the foregoing two sentences, (1) for the fiscal year beginning July 1, 1973, no special assistance factor under this section 11 shall, for any State, be less than the average reimbursement paid for each free lunch (in the case of the special assistance factor for free lunches), or for each reduced price lunch (in the case of the special assistance factor for reduced price lunches), in such State under this section in the fiscal year beginning July 1, 1972; and (2) adjustments required by the sentence immediately preceding this sentence shall be based on the special assistance factors for the fiscal year beginning July 1, 1973, as determined without regard to any increase required by the application of this sentence. “(b) Except as provided in section 10 of the Child Nutrition Act of 1966, the special-assistance payments made to each State agency 80 Stat. 889; 84 Stat. 212; 86 Stat. 729. 42 USC 1779. during each fiscal year under the provisions of this section shall be used by such State agency to assist schools of that State in financing the cost of providing free and reduced-price lunches served to children pursuant to subsection 9(b) of this Act. The amount of such 86 Stat. 727. 42 USC 1758. special assistance funds that a school shall from time to time receive, within a maximum per lunch amount established by the Secretary for all States, shall be based on the need of the school for such special assistance. Such maximum per lunch amount established by the Secretary shall not be less than 60 cents. “(c) Special assistance payments to any State under this section 60 Stat. 232; 86 Stat. 731. 42 USC 1756. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. shall be made as provided in the last sentence of section 7 of this Act.”
1973
National School Lunch and Child Nutrition Act Amendments of 1973
Pub. L. 93–150 § 3(a) · 87 Stat. 560
Redesignated · 42 U.S.C. § 1759a(g); 42 U.S.C. § 1759a(h)
Pub. L. 93–150 redesignated subsecs. (g) and (h) as (d) and (e), respectively
Source evidence
Code amendment note
Subsecs. (g), (h). Pub. L. 93–150 redesignated subsecs. (g) and (h) as (d) and (e), respectively.
Enacted provision · exact public law section
(a) Section 11 of the National School Lunch Act is amended 84 Stat. 211. 42 USC 17S9a. by redesignating subsections (g) and (h) as subsections (d) and (e), respectively, and by striking out subsections (a), (b), (c), (d), (e), and (f), and inserting in lieu thereof the following: “(a) Except as provided in section 10 of this Act, in each fiscal year State educational agencies. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. each State educational agency shall receive special-assistance payments in an amount equal to the sum of the product obtained by multi plying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to subsection 9(a) of this Act) served free to children 42 USC 1758. eligible for such lunches in schools within that State during such fiscal year by the special-assistance factor for free lunches prescribed by the Secretary for such fiscal year and the product obtained by multiplying the number of lunches served at a reduced price to children eligible for such reduced-price lunches in schools within that State during such fiscal year by the special-assistance factor for reduced-price lunches prescribed by the Secretary for such fiscal year. For the fiscal year beginning July 1, 1973, the Secretary shall prescribe a special-assists nee factor for free lunches of not less than 45 cents and a special-assistance fact or for reduced-price lunches which shall be 10 cents less than the special-assistance factor for free lunches. The Secretary shall prescribe on July 1 of each fiscal year, and on January 1, of each fiscal year, semiannual adjustments in the national average rates for lunches served under section 4 of the National School Lunch Act and the special-assistance factor for the lunches served Ante, p. 560. Supra. under section 11 of the National School Lunch Act, and the national average rates for breakfasts served under section 4 of the Child Nutrition Act of 1966, as amended, that shall reflect changes in the cost of Post, p. 562. operating a school lunch and breakfast program under these Acts, as indicated by the change in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor: Provided, That the initial such adjustment shall reflect the change in the series for food away from home during the period September 1973, through November 1973: Provided further, That each subsequent adjustment shall reflect the changes in the series for food away from home for the most recent six-month period for which such data are available: Provided further, That such adjustments shall be computed to the nearest one-fourth cent. Notwithstanding the foregoing two sentences, (1) for the fiscal year beginning July 1, 1973, no special assistance factor under this section 11 shall, for any State, be less than the average reimbursement paid for each free lunch (in the case of the special assistance factor for free lunches), or for each reduced price lunch (in the case of the special assistance factor for reduced price lunches), in such State under this section in the fiscal year beginning July 1, 1972; and (2) adjustments required by the sentence immediately preceding this sentence shall be based on the special assistance factors for the fiscal year beginning July 1, 1973, as determined without regard to any increase required by the application of this sentence. “(b) Except as provided in section 10 of the Child Nutrition Act of 1966, the special-assistance payments made to each State agency 80 Stat. 889; 84 Stat. 212; 86 Stat. 729. 42 USC 1779. during each fiscal year under the provisions of this section shall be used by such State agency to assist schools of that State in financing the cost of providing free and reduced-price lunches served to children pursuant to subsection 9(b) of this Act. The amount of such 86 Stat. 727. 42 USC 1758. special assistance funds that a school shall from time to time receive, within a maximum per lunch amount established by the Secretary for all States, shall be based on the need of the school for such special assistance. Such maximum per lunch amount established by the Secretary shall not be less than 60 cents. “(c) Special assistance payments to any State under this section 60 Stat. 232; 86 Stat. 731. 42 USC 1756. 60 Stat. 233; 86 Stat. 726. 42 USC 1759. shall be made as provided in the last sentence of section 7 of this Act.”
1975
National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975
Pub. L. 94–105 § 8 · 89 Stat. 511
1. Substituted · 42 U.S.C. § 1759a(e)(1)
  Pub. L. 94–105 substituted “Each year by not later than a date specified by the Secretary” for “Not later than January 1 of each year”
2. Substituted · 42 U.S.C. § 1759a(e)(1)
  Pub. L. 94–105 substituted “following school year” for “following fiscal year”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 94–105 substituted “Each year by not later than a date specified by the Secretary” for “Not later than January 1 of each year”, and “following school year” for “following fiscal year”.
Enacted provision · exact public law section
Sec. 8. submission of state nutrition plan Section 11 of the National School Lunch Act is amended— (a) By striking out in paragraph (1) of subsection (e) “Not later than January 1 of each year” and inserting in lieu thereof the following: “Each year by not later than a date specified by the Secretary”. (b) By striking out in paragraph (1) of subsection (e) the word “fiscal” and inserting in lieu thereof the following: “school”.
1977
National School Lunch Act and Child Nutrition Amendments of 1977
Pub. L. 95–166 § 9 · 91 Stat. 1325
Changed · 42 U.S.C. § 1759a(a)
Pub. L. 95–166 provided for special-assistance payments to the State educational agency where 80 percent of children in attendance during the school year are eligible for free lunches or reduced-price lunches and for determination of number of lunches served to children eligible for free lunches and reduced-price lunches where the school serves all students, eligible and noneligible, and funds for noneligible students are from other than Federal funds
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–166 provided for special-assistance payments to the State educational agency where 80 percent of children in attendance during the school year are eligible for free lunches or reduced-price lunches and for determination of number of lunches served to children eligible for free lunches and reduced-price lunches where the school serves all students, eligible and noneligible, and funds for noneligible students are from other than Federal funds.
Enacted provision · exact public law section
Sec. 9. special assistance Section 11(a) of the National School Lunch Act is amended by inserting immediately after the. first sentence the following new sentences: “In the case of any school which determines that at least 80 percent of the children in attendance during a school year (hereinafter in this sentence referred to as the ‘first school year') are eligible for free lunches or reduced-price lunches, special-assistance payments shall be paid to the State educational agency with respect to that school, if that school so requests for the school year following the first school year, on the basis of the number of free lunches or reduced-price lunches, as the case may be, that are served by that school during the school year for which the request is made, to those children who were determined to be so eligible in the first school year and the number of free lunches and reduced-price lunches served during that year to other children determined for that year to be eligible for such lunches. In the case of any school that (1) elects to serve all children in that school free lunches under the school lunch program during any period of three successive school years and (2) pays, from sources other than Federal funds, for the costs of serving such lunches which are in excess of the value of assistance received under this Act with respect to the number of lunches served during that period, special-assistance payments shall be paid to the State educational agency with respect to that school during that period on the basis of the number of lunches determined under the succeeding sentence. For purposes of making special-assistance payments in accordance with the preceding sentence, the number of lunches served by a school to children eligible for free lunches and reduced-price lunches during each school year of the three-school-year period shall be deemed to be the number of lunches served by that school to children eligible for free lunches and reduced-price lunches during the first school year of such period, unless that school elects, for purposes of computing the amount of such payments, to determine on a more frequent oasis the number of children eligible for free and reduced-price lunches who are served lunches during such period.”.
1978
Health Services and Centers Amendments of 1978
Pub. L. 95–627 · 92 Stat. 3603
1. Substituted · 42 U.S.C. § 1759a(a)
  Pub. L. 95–627 substituted “20 cents” for “10 cents” after “which shall be”
2. Inserted · 42 U.S.C. § 1759a(a)
  Pub. L. 95–627 inserted “for All Urban Consumers” after “Consumer Price Index”
3. Inserted · 42 U.S.C. § 1759a(a)
  Pub. L. 95–627 inserted provision relating to the special assistance factor prescribed for reduced-price lunches in any State in which all schools charge students a uniform price for lunches
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–627 substituted “20 cents” for “10 cents” after “which shall be”, inserted “for All Urban Consumers” after “Consumer Price Index”, and inserted provision relating to the special assistance factor prescribed for reduced-price lunches in any State in which all schools charge students a uniform price for lunches.
1980
Pub. L. 96–499 title II § 204(a) · 94 Stat. 2599
Struck · 42 U.S.C. § 1759a(a)
Pub. L. 96–499 struck out provision that if in any State all schools charged students a uniform price for reduced-price lunches, and such price was less than twenty cents, the special assistance factor prescribed for reduced-price lunches in such State was to be equal to the special assistance factor for free lunches reduced by either ten cents or the price charged for reduced-price lunches in such State, whichever was greater
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–499 struck out provision that if in any State all schools charged students a uniform price for reduced-price lunches, and such price was less than twenty cents, the special assistance factor prescribed for reduced-price lunches in such State was to be equal to the special assistance factor for free lunches reduced by either ten cents or the price charged for reduced-price lunches in such State, whichever was greater.
Enacted provision · exact public law section
(a) Section 11(a) of the National School Lunch Act is 42 USC 1759a. amended by striking out in the fifth sentence Provided, That if in any State all schools charge students a uniform price for reduced-price lunches, and such price is less than 20 cents, the special assistance factor prescribed for reduced-price lunches in such State shall be equal to the special assistance factor for free lunches reduced by either 10 cents or the price charged for reduced-price lunches in such State, whichever is greater”.
1981
Pub. L. 97–35 § 801(b) · 95 Stat. 357
1. Redesignated · 42 U.S.C. § 1759a(a)
  Pub. L. 97–35, § 801(b), redesignated existing provisions as par. (1)
2. Substituted · 42 U.S.C. § 1759a(a)
  Pub. L. 97–35, § 801(b), substituted “(A)” for “(1)”
3. Substituted · 42 U.S.C. § 1759a(a)
  Pub. L. 97–35, § 801(b), substituted “(B)” for “(2)”
4. Struck · 42 U.S.C. § 1759a(a)
  Pub. L. 97–35, § 801(b), struck out provisions relating to special assistance factors, adjustments, etc., for funds for the fiscal year beginning July 1, 1973, and after
5. Added · 42 U.S.C. § 1759a(a)
  Pub. L. 97–35, § 801(b), added pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–35, § 801(b), redesignated existing provisions as par. (1), substituted “(A)” for “(1)” and “(B)” for “(2)”, and struck out provisions relating to special assistance factors, adjustments, etc., for funds for the fiscal year beginning July 1, 1973, and after, and added pars. (2) and (3).
Enacted provision · exact public law section
(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.”.
1981
Pub. L. 97–35 § 819(a)(1) · 95 Stat. 357
Struck · 42 U.S.C. § 1759a(b)
Pub. L. 97–35, § 819(a)(1), struck out “financing the cost of” before “providing free”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–35, § 819(a)(1), struck out “financing the cost of” before “providing free”.
Enacted provision · exact public law section
(1) by striking out “financing the cost of” in the first sentence in subsection (b); and
1981
Pub. L. 97–35 § 819(a)(2) · 95 Stat. 357
Struck · 42 U.S.C. § 1759a(d)
Pub. L. 97–35, § 819(a)(2), struck out reference to section 1754 of this title
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–35, § 819(a)(2), struck out reference to section 1754 of this title.
Enacted provision · exact public law section
(2) by striking out “or 5” in subsection (d).
1981
Pub. L. 97–35 § 812 · 95 Stat. 357
1. Redesignated · 42 U.S.C. § 1759a(e)
  Pub. L. 97–35, § 812, struck out par. (1) which related to submission of State plan for child nutrition operations. Former pars. (2) and (3) were redesignated as (1) and (2), respectively, and in such pars. as so redesignated
2. Struck · 42 U.S.C. § 1759a(e)
  Pub. L. 97–35, § 812, struck out requirement respecting estimation of eligible children by participating State
Source evidence
Code amendment note
Subsec. (e). Pub. L. 97–35, § 812, struck out par. (1) which related to submission of State plan for child nutrition operations. Former pars. (2) and (3) were redesignated as (1) and (2), respectively, and in such pars. as so redesignated, struck out requirement respecting estimation of eligible children by participating State.
Enacted provision · exact public law section
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.
1981
Pub. L. 97–35 § 813(b) · 95 Stat. 357
Added · 42 U.S.C. § 1759a(f)
Pub. L. 97–35, § 813(b), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 97–35, § 813(b), added subsec. (f).
Enacted provision · exact public law section
(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.”.
1989
Child Nutrition and WIC Reauthorization Act of 1989
Pub. L. 101–147 § 312(2) · 103 Stat. 877
1. Substituted · 42 U.S.C. § 1759a(a); 42 U.S.C. § 1759a(b)
  Pub. L. 101–147, § 312(2), (3), substituted “reduced price” for “reduced-price” wherever appearing in pars. (1) and (2) of subsec. (a) and first sentence of subsec. (b)
2. Substituted · 42 U.S.C. § 1759a(a); 42 U.S.C. § 1759a(b)
  Pub. L. 101–147, § 312(2), (3), substituted “special assistance” for “special-assistance” wherever appearing in pars. (1) and (2) of subsec. (a) and first sentence of subsec. (b)
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 101–147, § 312(2), (3), substituted “reduced price” for “reduced-price” and “special assistance” for “special-assistance” wherever appearing in pars. (1) and (2) of subsec. (a) and first sentence of subsec. (b).
Enacted provision · exact public law section
(2) by striking “reduced-price” each place it appears and inserting “reduced price”; and
1989
Child Nutrition and WIC Reauthorization Act of 1989
Pub. L. 101–147 § 203 · 103 Stat. 877
Substituted · 42 U.S.C. § 1759a(e)(1)
Pub. L. 101–147, § 203, substituted “The Secretary, when appropriate, may request each school participating in the school lunch program under this chapter to report monthly to the State educational agency” for “Each school participating in the school lunch program under this chapter shall report each month to its State educational agency”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 101–147, § 203, substituted “The Secretary, when appropriate, may request each school participating in the school lunch program under this chapter to report monthly to the State educational agency” for “Each school participating in the school lunch program under this chapter shall report each month to its State educational agency”.
Enacted provision · exact public law section
SEC. 203. REPORTS TO STATE EDUCATIONAL AGENCIES. Paragraph (1) of section 11(e) of the National School Lunch Act (42 U.S.C. 1759a(e)) is amended by striking “Each school” and all that follows through “State educational agency” and inserting the following: “The Secretary, when appropriate, may request each school participating in the school lunch program under this Act to report monthly to the State educational agency”.
1989
Child Nutrition and WIC Reauthorization Act of 1989
Pub. L. 101–147 § 312(3) · 103 Stat. 877
Substituted · 42 U.S.C. § 1759a(f)
Pub. L. 101–147, § 312(3), substituted “special assistance” for “special-assistance”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 101–147, § 312(3), substituted “special assistance” for “special-assistance”.
Enacted provision · exact public law section
(3) by striking “special-assistance” each place it appears and inserting “special assistance”.
1989
Child Nutrition and WIC Reauthorization Act of 1989
Pub. L. 101–147 § 312(2) · 103 Stat. 877
Substituted · 42 U.S.C. § 1759a(f)
Pub. L. 101–147, § 312(2), which directed substitution of “reduced price” for “reduced-price”, could not be executed because the word “reduced-price” did not appear
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–147, § 312(2), which directed substitution of “reduced price” for “reduced-price”, could not be executed because the word “reduced-price” did not appear.
Enacted provision · exact public law section
(2) by striking “reduced-price” each place it appears and inserting “reduced price”; and
1994
Healthy Meals for Healthy Americans Act of 1994
Pub. L. 103–448 title I § 111 · 108 Stat. 4699
1. Amended · 42 U.S.C. § 1759a(a)(1)
  Pub. L. 103–448 designated first sentence as subpar. (A) and second sentence as subpar. (B)
2. Substituted · 42 U.S.C. § 1759a(a)(1)
  Pub. L. 103–448 substituted “Except as provided in subparagraph (C), (D), or (E), in the case of” for “In the case of” in subpar. (B)
3. Added · 42 U.S.C. § 1759a(a)(1)
  Pub. L. 103–448 added subpars. (C) to (E)
4. Struck · 42 U.S.C. § 1759a(a)(1)
  Pub. L. 103–448 struck out at end “In the case of any school that (A) elects to serve all children in that school free lunches under the school lunch program during any period of three successive school years and (B) pays, from sources other than Federal funds, for the costs of serving such lunches which are in excess of the value of assistance received under this chapter with respect to the number of lunches served during that period, special assistance payments shall be paid to the State educational agency with respect to that school during that period on the basis of the number of lunches determined under the succeeding sentence. For purposes of making special assistance payments in accordance with the preceding sentence, the number of lunches served by a school to children eligible for free lunches and reduced price lunches during each school year of the three-school-year period shall be deemed to be the number of lunches served by that school to children eligible for free lunches and reduced price lunches during the first school year of such period, unless that school elects, for purposes of computing the amount of such payments, to determine on a more frequent basis the number of children eligible for free and reduced price lunches who are served lunches during such period.”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 103–448 designated first sentence as subpar. (A) and second sentence as subpar. (B), substituted “Except as provided in subparagraph (C), (D), or (E), in the case of” for “In the case of” in subpar. (B), added subpars. (C) to (E), and struck out at end “In the case of any school that (A) elects to serve all children in that school free lunches under the school lunch program during any period of three successive school years and (B) pays, from sources other than Federal funds, for the costs of serving such lunches which are in excess of the value of assistance received under this chapter with respect to the number of lunches served during that period, special assistance payments shall be paid to the State educational agency with respect to that school during that period on the basis of the number of lunches determined under the succeeding sentence. For purposes of making special assistance payments in accordance with the preceding sentence, the number of lunches served by a school to children eligible for free lunches and reduced price lunches during each school year of the three-school-year period shall be deemed to be the number of lunches served by that school to children eligible for free lunches and reduced price lunches during the first school year of such period, unless that school elects, for purposes of computing the amount of such payments, to determine on a more frequent basis the number of children eligible for free and reduced price lunches who are served lunches during such period.”
Enacted provision · exact public law section
SEC. 111. SPECIAL ASSISTANCE FOR SCHOOLS ELECTING TO SERVE ALL CHILDREN FREE LUNCHES OR BREAKFASTS. Section ll(a)(1) of the National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended— (1) by inserting “(A)” after “(1)”; (2) in the second sentence, by striking “In the case of” and inserting the following: “(B) Except as provided in subparagraph (C), (D), or (E), in the case of’; and (3) by striking the third and fourth sentences and inserting the following new subparagraphs: “(C) (i) Except as provided in subparagraph (D), in the case of any school that— “(I) elects to serve all children in the school free lunches under the school lunch program during any period of 3 successive school years, or in the case of a school that serves both lunches and breakfasts, elects to serve all children in the school free lunches and free breakfasts under the school lunch program and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) during any period of 3 successive school years; and “(II) pays, from sources other than Federal funds, for the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to the number of lunches or breakfasts served during the period; special assistance payments shall be paid to the State educational agency with respect to the school during the period on the basis of the number of lunches or breakfasts determined under clause (ii) or (iii). “(ii) For purposes of making special assistance payments under clause (i), except as provided in clause (iii), the number of lunches or breakfasts served by a school to children who are eligible for free lunches or breakfasts or reduced price lunches or breakfasts during each school year of the 3-school-year period shall be considered to be equal to the number of lunches or breakfasts served by the school to children eligible for free lunches or breakfasts or reduced price lunches or breakfasts during the first school year of the period. “(iii) For purposes of computing the amount of the payments, a school may elect to determine on a more frequent basis the number of children who are eligible for free or reduced price lunches or breakfasts who are served lunches or breakfasts during the 3-school-year period. “(D) (i) In the case of any school that, on the date of enactment of this subparagraph, is receiving special assistance payments under this paragraph for a 3-school-year period described in subparagraph (C), the State may grant, at the end of the 3-school-year period, an extension of the period for an additional 2 school years, if the State determines, through available socioeconomic data approved by the Secretary, that the income level of the population of the school has remained stable. “(ii) A school described in clause (i) may reapply to the State at the end of the 2-school-year period described m clause (i) for the purpose of continuing to receive special assistance payments, as determined in accordance with this paragraph, for a subsequent 5-school-year period. The school may reapply to the State at the end of the 5-school-year period, and at the end of each 5-school-year period thereafter for which the school receives special assistance payments under this paragraph, for the purpose of continuing to receive the payments for a subsequent 5-school-year period. “(iii) If the Secretary determines after considering the best available socioeconomic data that the income level of families of children enrolled in a school has not remained stable, the Secretary may require the submission of applications for free and reduced price lunches, or for free and reduced price lunches and breakfasts, in the first school year of any 5-school-year period for which the school receives special assistance payments under this paragraph, for the purpose of calculating the special assistance payments. “(iv) For the purpose of updating information and reimbursement levels, a school described in clause (i) that carries out a school lunch or school breakfast program may at any time require submission of applications for free and reduced price lunches or for free and reduced price lunches and breakfasts. “(E) (i) In the case of any school that— “(I) elects to serve all children in the school free lunches under the school lunch program during any period of 4 successive school years, or in the case of a school that serves both lunches and breakfasts, elects to serve all children in the school free lunches and free breakfasts under the school lunch program and the school breakfast program during any period of 4 successive school years; and “(II) pays, from sources other than Federal funds, for the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to the number of lunches or breakfasts served during the period; total Federal cash reimbursements and total commodity assistance shall be provided to the State educational agency with respect to the school at a level that is equal to the total Federal cash reimbursements and total commodity assistance received by the school in the last school year for which the school accepted applications under the school lunch or school breakfast program, adjusted annually for inflation in accordance with paragraph (3)(B) and for changes in enrollment, to carry out the school lunch or school breakfast program. “(ii) A school described in clause (i) may reapply to the State at the end of the 4-school-year period described in clause (i), and at the end of each 4-school-year period thereafter for which the school receives reimbursements and assistance under this subparagraph, for the purpose of continuing to receive the reimbursements and assistance for a subsequent 4-school-year period. The State may approve an application under this clause if the State determines, through available socioeconomic data approved by the Secretary, that the income level of the population of the school has remained consistent with the income level of the population of the school in the last school year for which the school accepted the applications described in clause (i). “(iii) Not later than 1 year after the date of enactment of this subparagraph, the Secretary shall evaluate the effects of this subparagraph and notify the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the results of the evaluation.”.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 704(a) · 110 Stat. 2105
Struck · 42 U.S.C. § 1759a(a)(1)(D)(i)
Pub. L. 104–193, § 704(a), struck out “, on November 2, 1994,” after “any school that”
Source evidence
Code amendment note
Subsec. (a)(1)(D)(i). Pub. L. 104–193, § 704(a), struck out “, on November 2, 1994,” after “any school that”.
Enacted provision · exact public law section
(a) Extension of Payment Period.— Section 11(a)(1)(D)(i) of the National School Lunch Act (42 U.S.C. 1759a(a)(1)(D)(i)) is amended by striking “, on the date of enactment of this subparagraph”.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 704(b)(1) · 110 Stat. 2105
Inserted · 42 U.S.C. § 1759a(a)(3)(B)
Pub. L. 104–193, § 704(b)(1), inserted before period at end “, except that adjustments to payment rates for meals and supplements served to individuals not determined to be eligible for free or reduced price meals and supplements shall be computed to the nearest lower cent increment and based on the unrounded amount for the preceding 12-month period”
Source evidence
Code amendment note
Subsec. (a)(3)(B). Pub. L. 104–193, § 704(b)(1), inserted before period at end “, except that adjustments to payment rates for meals and supplements served to individuals not determined to be eligible for free or reduced price meals and supplements shall be computed to the nearest lower cent increment and based on the unrounded amount for the preceding 12-month period”.
Enacted provision · exact public law section
(1) In general.— The third sentence of section 11(a)(3)(B) of the National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended by adding before the period at the end the following: “, except that adjustments to payment rates for meals and supplements served to individuals not determined to be eligible for free or reduced price meals and supplements shall be computed to the nearest lower cent increment and based on the unrounded amount for the preceding 12-month period”.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 704(c)(1) · 110 Stat. 2105
1. Redesignated · 42 U.S.C. § 1759a(d)
  Pub. L. 104–193, § 704(c)(1), (3) redesignated subsec. (e) as (d)
2. Struck · 42 U.S.C. § 1759a(d)
  Pub. L. 104–193, § 704(c)(1), (3) struck out former subsec. (d) which read as follows: “In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this chapter, including those applicable to funds apportioned or paid pursuant to section 1753 of this title but excluding the provisions of section 1756 of this title relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–193, § 704(c)(1), (3) redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this chapter, including those applicable to funds apportioned or paid pursuant to section 1753 of this title but excluding the provisions of section 1756 of this title relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section.”
Enacted provision · exact public law section
(1) by striking subsection (d);
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 704(c)(3) · 110 Stat. 2105
Redesignated · 42 U.S.C. § 1759a(e)
Pub. L. 104–193, § 704(c)(3), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–193, § 704(c)(3), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Enacted provision · exact public law section
(3) by redesignating subsections (e) and (f), as so amended, as subsections (d) and (e), respectively.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 704(c)(2) · 110 Stat. 2105
1. Substituted · 42 U.S.C. § 1759a(e)(2)
  Pub. L. 104–193, § 704(c)(2), substituted “On request of the Secretary, the State educational agency” for “The State educational agency”
2. Struck · 42 U.S.C. § 1759a(e)(2)
  Pub. L. 104–193, § 704(c)(2), struck out “each month” after “report to the Secretary”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 104–193, § 704(c)(2), substituted “On request of the Secretary, the State educational agency” for “The State educational agency” and struck out “each month” after “report to the Secretary”.
Enacted provision · exact public law section
(2) in subsection (e)(2)— (A) by striking “The” and inserting “On request of the Secretary, the”; and (B) by striking “each month”; and
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 704(c)(3) · 110 Stat. 2105
Redesignated · 42 U.S.C. § 1759a(f)
Pub. L. 104–193, § 704(c)(3), redesignated subsec. (f) as (e)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 104–193, § 704(c)(3), redesignated subsec. (f) as (e).
Enacted provision · exact public law section
(3) by redesignating subsections (e) and (f), as so amended, as subsections (d) and (e), respectively.
1998
William F. Goodling Child Nutrition Reauthorization Act of 1998
Pub. L. 105–336 § 103(a)(1)(A) · 112 Stat. 3143
Substituted · 42 U.S.C. § 1759a(a)(1)(C)(i)(I)
Pub. L. 105–336, § 103(a)(1)(A), substituted “4” for “3” before “successive school years” in two places
Source evidence
Code amendment note
Subsec. (a)(1)(C)(i)(I). Pub. L. 105–336, § 103(a)(1)(A), substituted “4” for “3” before “successive school years” in two places.
Enacted provision · exact public law section
(A) in clause (i)(I), by striking “3 successive school years” each place it appears and inserting “4 successive school years”; and
1998
William F. Goodling Child Nutrition Reauthorization Act of 1998
Pub. L. 105–336 § 103(a)(1)(B) · 112 Stat. 3143
Substituted · 42 U.S.C. § 1759a(a)(1)(C)(ii); 42 U.S.C. § 1759a(a)(1)(C)(iii)
Pub. L. 105–336, § 103(a)(1)(B), substituted “4-” for “3-” before “school-year period”
Source evidence
Code amendment note
Subsec. (a)(1)(C)(ii), (iii). Pub. L. 105–336, § 103(a)(1)(B), substituted “4-” for “3-” before “school-year period”.
Enacted provision · exact public law section
(B) in clauses (ii) and (iii), by striking “3-school-year period” each place it appears and inserting “4-school-year period”;
1998
William F. Goodling Child Nutrition Reauthorization Act of 1998
Pub. L. 105–336 § 103(a)(2)(A) · 112 Stat. 3143
1. Substituted · 42 U.S.C. § 1759a(a)(1)(D)(i)
  Pub. L. 105–336, § 103(a)(2)(A), substituted “4-” for “3-” before “school years”
2. Substituted · 42 U.S.C. § 1759a(a)(1)(D)(i)
  Pub. L. 105–336, § 103(a)(2)(A), substituted “4” for “2” before “school years”
Source evidence
Code amendment note
Subsec. (a)(1)(D)(i). Pub. L. 105–336, § 103(a)(2)(A), substituted “4-” for “3-” before “school-year period” in two places and “4” for “2” before “school years”.
Enacted provision · exact public law section
(A) in clause (i)— (i) by striking “3-school-year period” each place it appears and inserting “4-school-year period”; and (ii) by striking “2 school years” and inserting “4 school years”;
1998
William F. Goodling Child Nutrition Reauthorization Act of 1998
Pub. L. 105–336 § 103(a)(2)(B) · 112 Stat. 3143
1. Struck · 42 U.S.C. § 1759a(a)(1)(D)(ii)
  Pub. L. 105–336, § 103(a)(2)(B), struck out first sentence which read “A school described in clause (i) may reapply to the State at the end of the 2-school-year period described in clause (i) for the purpose of continuing to receive special assistance payments, as determined in accordance with this paragraph, for a subsequent 5-school-year period.”
2. Substituted · 42 U.S.C. § 1759a(a)(1)(D)(ii)
  Pub. L. 105–336, § 103(a)(2)(B), substituted “A school described in clause (i)” for “The school”
3. Substituted · 42 U.S.C. § 1759a(a)(1)(D)(ii)
  Pub. L. 105–336, § 103(a)(2)(B), substituted “4-” for “5-” before “school-year period” wherever appearing
Source evidence
Code amendment note
Subsec. (a)(1)(D)(ii). Pub. L. 105–336, § 103(a)(2)(B), struck out first sentence which read “A school described in clause (i) may reapply to the State at the end of the 2-school-year period described in clause (i) for the purpose of continuing to receive special assistance payments, as determined in accordance with this paragraph, for a subsequent 5-school-year period.”, substituted “A school described in clause (i)” for “The school”, and substituted “4-” for “5-” before “school-year period” wherever appearing.
Enacted provision · exact public law section
(B) in clause (ii)— (i) by striking the first sentence; (ii) by striking “The school” and inserting “A school described in clause (i)”; and (iii) by striking “5-school-year period” each place it appears and inserting “4-school-year period”; and
1998
William F. Goodling Child Nutrition Reauthorization Act of 1998
Pub. L. 105–336 § 103(a)(2)(C) · 112 Stat. 3143
Substituted · 42 U.S.C. § 1759a(a)(1)(D)(iii)
Pub. L. 105–336, § 103(a)(2)(C), substituted “4-” for “5-” before “school-year period”
Source evidence
Code amendment note
Subsec. (a)(1)(D)(iii). Pub. L. 105–336, § 103(a)(2)(C), substituted “4-” for “5-” before “school-year period”.
Enacted provision · exact public law section
(C) in clause (iii), by striking “5-school-year period” and inserting “4-school-year period”; and
1998
William F. Goodling Child Nutrition Reauthorization Act of 1998
Pub. L. 105–336 § 103(a)(3) · 112 Stat. 3143
Struck · 42 U.S.C. § 1759a(a)(1)(E)(iii)
Pub. L. 105–336, § 103(a)(3), struck out cl. (iii) which read as follows: “Not later than 1 year after November 2, 1994, the Secretary shall evaluate the effects of this subparagraph and notify the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the results of the evaluation.”
Source evidence
Code amendment note
Subsec. (a)(1)(E)(iii). Pub. L. 105–336, § 103(a)(3), struck out cl. (iii) which read as follows: “Not later than 1 year after November 2, 1994, the Secretary shall evaluate the effects of this subparagraph and notify the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the results of the evaluation.”
Enacted provision · exact public law section
(3) in subparagraph (E), by striking clause (iii).
1998
William F. Goodling Child Nutrition Reauthorization Act of 1998
Pub. L. 105–336 § 103(b)(1) · 112 Stat. 3143
1. Inserted · 42 U.S.C. § 1759a(a)(3)(B)
  Pub. L. 105–336, § 103(b)(1), inserted subpar. heading
2. Amended · 42 U.S.C. § 1759a(a)(3)(B)
  Pub. L. 105–336, § 103(b)(1), designated first two sentences as cls. (i) and (ii), respectively
3. Inserted · 42 U.S.C. § 1759a(a)(3)(B)
  Pub. L. 105–336, § 103(b)(1), inserted headings
4. Amended · 42 U.S.C. § 1759a(a)(3)(B)
  Pub. L. 105–336, § 103(b)(1), designated last sentence as subcl. (I) of cl. (iii)
5. Substituted · 42 U.S.C. § 1759a(a)(3)(B)
  Pub. L. 105–336, § 103(b)(1), substituted “For the period ending June 30, 1999, the adjustments” for “The adjustments”
6. Added · 42 U.S.C. § 1759a(a)(3)(B)
  Pub. L. 105–336, § 103(b)(1), added subcl. (II)
Source evidence
Code amendment note
Subsec. (a)(3)(B). Pub. L. 105–336, § 103(b)(1), inserted subpar. heading, designated first two sentences as cls. (i) and (ii), respectively, and inserted headings, and designated last sentence as subcl. (I) of cl. (iii), inserted headings, substituted “For the period ending June 30, 1999, the adjustments” for “The adjustments”, and added subcl. (II).
Enacted provision · exact public law section
(1) In general.— Section 11(a)(3)(B) of the National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended— (A) by striking “(B) The annual” and inserting the following: “(B) Computation of adjustment.— “(i) In general.— The annual”; (B) by striking “Each annual” and inserting the following: “(ii) Basis.— Each annual”; (C) by striking “The adjustments” and inserting the following: “(iii) Rounding.— “(I) Through june 30, 1999.— For the period ending June 30, 1999, the adjustments”; and (D) by adding at the end the following: “(II) July 1, 1999, and thereafter.— On July 1, 1999, and on each subsequent July 1, the national average payment rates for meals and supplements shall be adjusted to the nearest lower cent increment and shall be based on the unrounded amounts for the preceding 12-month period.”.
1998
William F. Goodling Child Nutrition Reauthorization Act of 1998
Pub. L. 105–336 § 103(c)(1) · 112 Stat. 3143
Added · 42 U.S.C. § 1759a(f)
Pub. L. 105–336, § 103(c)(1), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 105–336, § 103(c)(1), added subsec. (f).
Enacted provision · exact public law section
(1) In general.— Section 11 of the National School Lunch Act (42 U.S.C. 1759a) is amended by adding at the end the following: “(f) Information and Assistance Concerning Reimbursement Options.— “(1) In general.— From funds made available under paragraph Grants. (3), the Secretary shall provide grants to not more than 10 State agencies in each of fiscal years 2000 and 2001 to enable the agencies, in accordance with criteria established by the Secretary, to— “(A) identify separately in a list— “(i) schools that are most likely to benefit from electing to receive special assistance under subparagraph (C) or (E) of subsection (a)(1); and “(ii) schools that may benefit from electing to receive special assistance under subparagraph (C) or (E) of subsection (a)(1); “(B) make the list of schools identified under this subsection available to each school district within the State and to the public; “(C) provide technical assistance to schools, or school districts containing the schools, to enable the schools to evaluate and receive special assistance under subparagraph (C) or (E) of subsection (a)(1); “(D) take any other actions the Secretary determines are consistent with receiving special assistance under subparagraph (C) or (E) of subsection (a)(1) and receiving a grant under this subsection; and “(E) as soon as practicable after receipt of the grant, but not later than September 30, 2001, take the actions described in subparagraphs (A) through (D). “(2) Report.— “(A) In general.— Not later than January 1, 2002, Deadline. the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition and Forestry of the Senate a report on the activities of the State agencies receiving grants under this subsection. “(B) Contents.— In the report, the Secretary shall specify— “(i) the number of schools identified as likely to benefit from electing to receive special assistance under subparagraph (C) or (E) of subsection (a)(1); “(ii) the number of schools identified under this subsection that have elected to receive special assistance under subparagraph (C) or (E) of subsection (a)(1); and “(iii) a description of how the funds and technical assistance made available under this subsection have been used. “(3) Funding.— Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary $2,250,000 for each of fiscal years 2000 and 2001 to carry out this subsection. The Secretary shall be entitled to receive the funds and shall accept the funds, without further appropriation.”.
2001
Pub. L. 107–76 § 766(1) · 115 Stat. 704
Substituted · 42 U.S.C. § 1759a(f)(1)(E)
Pub. L. 107–76, § 766(1), substituted “2003” for “2001”
Source evidence
Code amendment note
Subsec. (f)(1)(E). Pub. L. 107–76, § 766(1), substituted “2003” for “2001”.
Enacted provision · exact public law section
(1) in paragraph (1)(E), by striking “2001” and inserting “2003”; and
2001
Pub. L. 107–76 § 766(2)(A) · 115 Stat. 704
1. Added · 42 U.S.C. § 1759a(f)(2)(A)
  Pub. L. 107–76, § 766(2)(A), added subpar. (A)
2. Struck · 42 U.S.C. § 1759a(f)(2)(A)
  Pub. L. 107–76, § 766(2)(A), struck out heading and text of former subpar. (A). Text read as follows: “Not later than January 1, 2002, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition and Forestry of the Senate a report on the activities of the State agencies receiving grants under this subsection.”
Source evidence
Code amendment note
Subsec. (f)(2)(A). Pub. L. 107–76, § 766(2)(A), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “Not later than January 1, 2002, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition and Forestry of the Senate a report on the activities of the State agencies receiving grants under this subsection.”
Enacted provision · exact public law section
(A) by striking subparagraph (A) and inserting the following: “(A) In General.— The Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate— “(i) not later than January 1, 2003, an interim report on the activities of the State agencies receiving grants under this subsection; and “(ii) not later than January 1, 2004, a final report on the activities of the State agencies receiving grants under this subsection. ” ; and
2001
Pub. L. 107–76 § 766(2)(B) · 115 Stat. 704
Substituted · 42 U.S.C. § 1759a(f)(2)(B)
Pub. L. 107–76, § 766(2)(B), substituted “reports” for “report” in introductory provisions
Source evidence
Code amendment note
Subsec. (f)(2)(B). Pub. L. 107–76, § 766(2)(B), substituted “reports” for “report” in introductory provisions.
Enacted provision · exact public law section
(B) in subparagraph (B), by striking “report” and inserting “reports”.
2004
Child Nutrition and WIC Reauthorization Act of 2004
Pub. L. 108–265 § 113 · 118 Stat. 729
Inserted · 42 U.S.C. § 1759a(a)(1)(C)(E)
Pub. L. 108–265, § 113, inserted “or school district” after “school” wherever appearing other than as part of “school year”, “school years”, “school lunch”, “school breakfast”, and “4-school-year period”
Source evidence
Code amendment note
Subsec. (a)(1)(C) to (E). Pub. L. 108–265, § 113, inserted “or school district” after “school” wherever appearing other than as part of “school year”, “school years”, “school lunch”, “school breakfast”, and “4-school-year period”.
Enacted provision · exact public law section
SEC. 113. SPECIAL ASSISTANCE. Section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by inserting “or school district” after “school” each place it appears in subparagraphs (C) through (E) (other than as part of “school year”, “school years”, “school lunch”, “school breakfast”, and “4-school-year period”).
2004
Child Nutrition and WIC Reauthorization Act of 2004
Pub. L. 108–265 § 104(d)(3) · 118 Stat. 729
Substituted · 42 U.S.C. § 1759a(e)
Pub. L. 108–265, § 104(d)(3), substituted “section 1758(b)(9)” for “section 1758(b)(3)”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 108–265, § 104(d)(3), substituted “section 1758(b)(9)” for “section 1758(b)(3)”.
Enacted provision · exact public law section
(3) Section 11(e) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(e)) is amended in the first sentence by striking “section 9(b)(3)” and inserting “section 9(b)(9)”.
2010
Healthy, Hunger-Free Kids Act of 2010
Pub. L. 111–296 § 104(a)(2) · 124 Stat. 3183
Substituted · 42 U.S.C. § 1759a(a)(1)(B)
Pub. L. 111–296, § 104(a)(2), substituted “(E), or (F)” for “or (E)”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 111–296, § 104(a)(2), substituted “(E), or (F)” for “or (E)”.
Enacted provision · exact public law section
(2) Conforming amendments.— Section 11(a)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(B)) is amended by striking “or (E)” and inserting “(E), or (F)”.
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.
2010
Healthy, Hunger-Free Kids Act of 2010
Pub. L. 111–296 § 104(a)(1) · 124 Stat. 3183
Added · 42 U.S.C. § 1759a(a)(1)(F)
Pub. L. 111–296, § 104(a)(1), added subpar. (F)
Source evidence
Code amendment note
Subsec. (a)(1)(F). Pub. L. 111–296, § 104(a)(1), added subpar. (F).
Enacted provision · exact public law section
(1) Eligibility.— Section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the following: “(F) Universal meal service in high poverty areas.— “(i) Definition of identified students.— The term ‘identified students’ means students certified based on documentation of benefit receipt or categorical eligibility as described in section 245.6a(c)(2) of title 7, Code of Federal Regulations (or successor regulations). “(ii) Election of special assistance payments.— “(I) In general.— A local educational agency may, for all schools in the district or on behalf of certain schools in the district, elect to receive special assistance payments under this subparagraph in lieu of special assistance payments otherwise made available under this paragraph based on applications for free and reduced price lunches if— “(aa) during a period of 4 successive school years, the local educational agency elects to serve all children in the applicable schools free lunches and breakfasts under the school lunch program under this Act and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); “(bb) the local educational agency pays, from sources other than Federal funds, the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); “(cc) the local educational agency is not a residential child care institution (as that term is used in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)); and “(dd) during the school year prior to the first year of the period for which the local educational agency elects to receive special assistance payments under this subparagraph, the local educational agency or school had a percentage of enrolled students who were identified students that meets or exceeds the threshold described in clause (viii). “(II) Election to stop receiving payments.— A Notification. Deadline. local educational agency may, for all schools in the district or on behalf of certain schools in the district, elect to stop receiving special assistance payments under this subparagraph for the following school year by notifying the State agency not later than June 30 of the current school year of the intention to stop receiving special assistance payments under this subparagraph. “(iii) First year of option.— “(I) Special assistance payment.— For each month of the first school year of the 4-year period during which a school or local educational agency elects to receive payments under this subparagraph, special assistance payments at the rate for free meals shall be made under this subparagraph for a percentage of all reimbursable meals served in an amount equal to the product obtained by multiplying— “(aa) the multiplier described in clause (vii); by “(bb) the percentage of identified students at the school or local educational agency as of April 1 of the prior school year, up to a maximum of 100 percent. “(II) Payment for other meals.— The percentage of meals served that is not described in subclause (I) shall be reimbursed at the rate provided under section 4. “(iv) Second, third, or fourth year of option.— “(I) Special assistance payment.— For each month of the second, third, or fourth school year of the 4-year period during which a school or local educational agency elects to receive payments under this subparagraph, special assistance payments at the rate for free meals shall be made under this subparagraph for a percentage of all reimbursable meals served in an amount equal to the product obtained by multiplying— “(aa) the multiplier described in clause (vii); by “(bb) the higher of the percentage of identified students at the school or local educational agency as of April 1 of the prior school year or the percentage of identified students at the school or local educational agency as of April 1 of the school year prior to the first year that the school or local educational agency elected to receive special assistance payments under this subparagraph, up to a maximum of 100 percent. “(II) Payment for other meals.— The percentage of meals served that is not described in subclause (I) shall be reimbursed at the rate provided under section 4. “(v) Grace year.— “(I) In general.— If, not later than April 1 of the fourth year of a 4-year period described in clause (ii)(I), a school or local educational agency has a percentage of enrolled students who are identified students that meets or exceeds a percentage that is 10 percentage points lower than the threshold described in clause (viii), the school or local educational agency may elect to receive special assistance payments under subclause (II) for an additional grace year. “(II) Special assistance payment.— For each month of a grace year, special assistance payments at the rate for free meals shall be made under this subparagraph for a percentage of all reimbursable meals served in an amount equal to the product obtained by multiplying— “(aa) the multiplier described in clause (vii); by “(bb) the percentage of identified students at the school or local educational agency as of April 1 of the prior school year, up to a maximum of 100 percent. “(III) Payment for other meals.— The percentage of meals served that is not described in subclause (II) shall be reimbursed at the rate provided under section 4. “(vi) Applications.— A school or local educational agency that receives special assistance payments under this subparagraph may not be required to collect applications for free and reduced price lunches. “(vii) Multiplier.— “(I) Phase-in.— For each school year beginning on or before July 1, 2013, the multiplier shall be 1.6. “(II) Full implementation.— For each school year beginning on or after July 1, 2014, the Secretary may use, as determined by the Secretary— “(aa) a multiplier between 1.3 and 1.6; and “(bb) subject to item (aa), a different multiplier for different schools or local educational agencies. “(viii) Threshold.— “(I) Phase-in.— For each school year beginning on or before July 1, 2013, the threshold shall be 40 percent. “(II) Full implementation.— For each school year beginning on or after July 1, 2014, the Secretary may use a threshold that is less than 40 percent. “(ix) Phase-in.— “(I) In general.— In selecting States for participation during the phase-in period, the Secretary shall select States with an adequate number and variety of schools and local educational agencies that could benefit from the option under this subparagraph, as determined by the Secretary. “(II) Limitation.— The Secretary may not approve additional schools and local educational agencies to receive special assistance payments under this subparagraph after the Secretary has approved schools and local educational agencies in— “(aa) for the school year beginning on July 1, 2011, 3 States; and “(bb) for each of the school years beginning July 1, 2012 and July 1, 2013, an additional 4 States per school year. “(x) Election of option.— “(I) In general.— For each school year beginning on or after July 1, 2014, any local educational agency eligible to make the election described in clause (ii) for all schools in the district or on behalf of certain schools in the district may elect to receive special assistance payments under clause (iii) for the next school year if, not later than June 30 of the current school year, the local educational agency submits to the State agency the percentage of identified students at the school or local educational agency. “(II) State agency notification.— Not later than May 1 of each school year beginning on or after July 1, 2011, each State agency with schools or local educational agencies that may be eligible to elect to receive special assistance payments under this subparagraph shall notify— “(aa) each local educational agency that meets or exceeds the threshold described in clause (viii) that the local educational agency is eligible to elect to receive special assistance payments under clause (iii) for the next 4 school years, of the blended reimbursement rate the local educational agency would receive under clause (iii), and of the procedures for the local educational agency to make the election; “(bb) each local educational agency that receives special assistance payments under clause (iii) of the blended reimbursement rate the local educational agency would receive under clause (iv); “(cc) each local educational agency in the fourth year of electing to receive special assistance payments under this subparagraph that meets or exceeds a percentage that is 10 percentage points lower than the threshold described in clause (viii) and that receives special assistance payments under clause (iv), that the local educational agency may continue to receive such payments for the next school year, of the blended reimbursement rate the local educational agency would receive under clause (v), and of the procedures for the local educational agency to make the election; and “(dd) each local educational agency that meets or exceeds a percentage that is 10 percentage points lower than the threshold described in clause (viii) that the local educational agency may be eligible to elect to receive special assistance payments under clause (iii) if the threshold described in clause (viii) is met by April 1 of the school year or if the threshold is met for a subsequent school year. “(III) Public notification of local educational agencies.— Not Deadline. Publication. Lists. later than May 1 of each school year beginning on or after July 1, 2011, each State agency with 1 or more schools or local educational agencies eligible to elect to receive special assistance payments under clause (iii) shall submit to the Secretary, and the Secretary shall publish, lists of the local educational agencies receiving notices under subclause (II). “(IV) Public notification of schools.— Not later than May 1 of each school year beginning on or after July 1, 2011, each local educational agency in a State with 1 or more schools eligible to elect to receive special assistance payments under clause (iii) shall submit to the State agency, and the State agency shall publish— “(aa) a list of the schools that meet or exceed the threshold described in clause (viii); “(bb) a list of the schools that meet or exceed a percentage that is 10 percentage points lower than the threshold described in clause (viii) and that are in the fourth year of receiving special assistance payments under clause (iv); and “(cc) a list of the schools that meet or exceed a percentage that is 10 percentage points lower than the threshold described in clause (viii). “(xi) Implementation.— “(I) Guidance.— Not later than 90 days after the date of enactment of this subparagraph, the Secretary shall issue guidance to implement this subparagraph. “(II) Regulations.— Not later than December 31, 2013, the Secretary shall promulgate regulations that establish procedures for State agencies, local educational agencies, and schools to meet the requirements of this subparagraph, including exercising the option described in this subparagraph. “(III) Publication.— If the Secretary uses the authority provided in clause (vii)(II)(bb) to use a different multiplier for different schools or local educational agencies, for each school year beginning on or after July 1, 2014, not later than April 1, 2014, the Secretary shall publish on the website of the Secretary a table that indicates— “(aa) each local educational agency that may elect to receive special assistance payments under clause (ii); “(bb) the blended reimbursement rate that each local educational agency would receive; and “(cc) an explanation of the methodology used to calculate the multiplier or threshold for each school or local educational agency. “(xii) Report.— Not later than December 31, 2013, the Secretary shall publish a report that describes— “(I) an estimate of the number of schools and local educational agencies eligible to elect to receive special assistance payments under this subparagraph that do not elect to receive the payments; “(II) for schools and local educational agencies described in subclause (I)— “(aa) barriers to participation in the special assistance option under this subparagraph, as described by the nonparticipating schools and local educational agencies; and “(bb) changes to the special assistance option under this subparagraph that would make eligible schools and local educational agencies more likely to elect to receive special assistance payments; “(III) for schools and local educational agencies that elect to receive special assistance payments under this subparagraph— “(aa) the number of schools and local educational agencies; “(bb) an estimate of the percentage of identified students and the percentage of enrolled students who were certified to receive free or reduced price meals in the school year prior to the election to receive special assistance payments under this subparagraph, and a description of how the ratio between those percentages compares to 1.6; “(cc) an estimate of the number and share of schools and local educational agencies in which more than 80 percent of students are certified for free or reduced price meals that elect to receive special assistance payments under that clause; and “(dd) whether any of the schools or local educational agencies stopped electing to receive special assistance payments under this subparagraph; “(IV) the impact of electing to receive special assistance payments under this subparagraph on— “(aa) program integrity; “(bb) whether a breakfast program is offered; “(cc) the type of breakfast program offered; “(dd) the nutritional quality of school meals; and “(ee) program participation; and “(V) the multiplier and threshold, as described in clauses (vii) and (viii) respectively, that the Secretary will use for each school year beginning on or after July 1, 2014 and the rationale for any change in the multiplier or threshold. “(xiii) Funding.— “(I) In general.— On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out clause (xii) $5,000,000, to remain available until September 30, 2014. “(II) Receipt and acceptance.— The Secretary shall be entitled to receive, shall accept, and shall use to carry out clause (xii) the funds transferred under subclause (I), without further appropriation.” .
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.
2010
Healthy, Hunger-Free Kids Act of 2010
Pub. L. 111–296 § 441(a)(2) · 124 Stat. 3183
Struck · 42 U.S.C. § 1759a(a)(3)(B)(iii)
Pub. L. 111–296, § 441(a)(2), struck out designations and headings of subcls. (I) and (II) and text of subcl. (I). Text of former subcl. (I) read as follows: “For the period ending June 30, 1999, the adjustments made under this paragraph shall be computed to the nearest one-fourth cent, except that adjustments to payment rates for meals and supplements served to individuals not determined to be eligible for free or reduced price meals and supplements shall be computed to the nearest lower cent increment and based on the unrounded amount for the preceding 12-month period.”
Source evidence
Code amendment note
Subsec. (a)(3)(B)(iii). Pub. L. 111–296, § 441(a)(2), struck out designations and headings of subcls. (I) and (II) and text of subcl. (I). Text of former subcl. (I) read as follows: “For the period ending June 30, 1999, the adjustments made under this paragraph shall be computed to the nearest one-fourth cent, except that adjustments to payment rates for meals and supplements served to individuals not determined to be eligible for free or reduced price meals and supplements shall be computed to the nearest lower cent increment and based on the unrounded amount for the preceding 12-month period.”
Enacted provision · exact public law section
(2) Rounding rules for computation of adjustment.— Section 11(a)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended by striking “Rounding.—” and all that follows through “On July” in subclause (II) and inserting “Rounding.—On July”.
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.
2010
Healthy, Hunger-Free Kids Act of 2010
Pub. L. 111–296 § 441(a)(3) · 124 Stat. 3183
Struck · 42 U.S.C. § 1759a(f)
Pub. L. 111–296, § 441(a)(3), struck out subsec. (f) which related to information and assistance concerning reimbursement options
Source evidence
Code amendment note
Subsec. (f). Pub. L. 111–296, § 441(a)(3), struck out subsec. (f) which related to information and assistance concerning reimbursement options.
Enacted provision · exact public law section
(3) Information and assistance concerning reimbursement options.— Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is amended by striking subsection (f).
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.
2010
Healthy, Hunger-Free Kids Act of 2010
Pub. L. 111–296 § 104(b) · 124 Stat. 3183
Added · 42 U.S.C. § 1759a(g)
Pub. L. 111–296, § 104(b), added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 111–296, § 104(b), added subsec. (g).
Enacted provision · exact public law section
(b) Universal Meal Service Through Census Data.— Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is amended by adding at the end the following: “(g) Universal Meal Service Through Census Data.— “(1) In general.— To the maximum extent practicable, the Secretary shall identify alternatives to— “(A) the daily counting by category of meals provided by school lunch programs under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and “(B) the use of annual applications as the basis for eligibility to receive free meals or reduced price meals under this Act. “(2) Recommendations.— “(A) Considerations.— “(i) In general.— In identifying alternatives under paragraph (1), the Secretary shall consider the recommendations of the Committee on National Statistics of the National Academy of Sciences relating to use of the American Community Survey of the Bureau of the Census and other data sources. “(ii) Socioeconomic survey.— The Secretary shall consider use of a periodic socioeconomic survey of households of children attending school in the school food authority in not more than 3 school food authorities participating in the school lunch program under this Act. “(iii) Survey parameters.— The Secretary shall establish requirements for the use of a socioeconomic survey under clause (ii), which shall— “(I) include criteria for survey design, sample frame validity, minimum level of statistical precision, minimum survey response rates, frequency of data collection, and other criteria as determined by the Secretary; “(II) be consistent with the Standards and Guidelines for Statistical Surveys, as published by the Office of Management and Budget; “(III) be consistent with standards and requirements that ensure proper use of Federal funds; and “(IV) specify that the socioeconomic survey be conducted at least once every 4 years. “(B) Use of alternatives.— Alternatives described in subparagraph (A) that provide accurate and effective means of providing meal reimbursement consistent with the eligibility status of students may be— “(i) implemented for use in schools or by school food authorities that agree— “(I) to serve all breakfasts and lunches to students at no cost in accordance with regulations issued by the Secretary; and “(II) to pay, from sources other than Federal funds, the costs of serving any lunches and breakfasts that are in excess of the value of assistance received under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to the number of lunches and breakfasts served during the applicable period; or “(ii) further tested through demonstration projects carried out by the Secretary in accordance with subparagraph (C). “(C) Demonstration projects.— “(i) In general.— For the purpose of carrying out demonstration projects described in subparagraph (B), the Secretary may waive any requirement of this Act relating to— “(I) counting of meals provided by school lunch or breakfast programs; “(II) applications for eligibility for free or reduced priced meals; or “(III) required direct certification under section 9(b)(4). “(ii) Number of projects.— The Secretary shall carry out demonstration projects under this paragraph in not more than 5 local educational agencies for each alternative model that is being tested. “(iii) Limitation.— A demonstration project carried out under this paragraph shall have a duration of not more than 3 years. “(iv) Evaluation.— The Secretary shall evaluate each demonstration project carried out under this paragraph in accordance with procedures established by the Secretary. “(v) Requirement.— In carrying out evaluations under clause (iv), the Secretary shall evaluate, using comparisons with local educational agencies with similar demographic characteristics— “(I) the accuracy of the 1 or more methodologies adopted as compared to the daily counting by category of meals provided by school meal programs under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and the use of annual applications as the basis for eligibility to receive free or reduced price meals under those Acts; “(II) the effect of the 1 or more methodologies adopted on participation in programs under those Acts; “(III) the effect of the 1 or more methodologies adopted on administration of programs under those Acts; and “(IV) such other matters as the Secretary determines to be appropriate.” .
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.

81 of 84 references resolved to an enrolled provision · 3 partial

Editorial Notes

References in Text

The Child Nutrition Act of 1966, referred to in subsecs. (a)(1)(C)(i)(II), (E)(i)(II), (F)(ii)(I)(bb), (3)(B)(i), and (g)(2)(B)(i)(II), (C)(v)(I), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of this title. For complete classification of that Act to the Code, see Short Title note set out under section 1771 of this title and Tables.

Those Acts, referred to in subsec. (g)(2)(C)(v)(I) to (III), mean the Richard B. Russell National School Lunch Act, which was in the original “this Act” and was translated to read “this chapter”, and the Child Nutrition Act of 1966. See above.

Amendments1970–2010 · 15 rounds

2010

Subsec. (a)(1)(B). Pub. L. 111–296, § 104(a)(2), substituted “(E), or (F)” for “or (E)”.

Subsec. (a)(1)(F). Pub. L. 111–296, § 104(a)(1), added subpar. (F).

Subsec. (a)(3)(B)(iii). Pub. L. 111–296, § 441(a)(2), struck out designations and headings of subcls. (I) and (II) and text of subcl. (I). Text of former subcl. (I) read as follows: “For the period ending June 30, 1999, the adjustments made under this paragraph shall be computed to the nearest one-fourth cent, except that adjustments to payment rates for meals and supplements served to individuals not determined to be eligible for free or reduced price meals and supplements shall be computed to the nearest lower cent increment and based on the unrounded amount for the preceding 12-month period.”

Subsec. (f). Pub. L. 111–296, § 441(a)(3), struck out subsec. (f) which related to information and assistance concerning reimbursement options.

Subsec. (g). Pub. L. 111–296, § 104(b), added subsec. (g).

2004

Subsec. (a)(1)(C) to (E). Pub. L. 108–265, § 113, inserted “or school district” after “school” wherever appearing other than as part of “school year”, “school years”, “school lunch”, “school breakfast”, and “4-school-year period”.

Subsec. (e). Pub. L. 108–265, § 104(d)(3), substituted “section 1758(b)(9)” for “section 1758(b)(3)”.

2001

Subsec. (f)(1)(E). Pub. L. 107–76, § 766(1), substituted “2003” for “2001”.

Subsec. (f)(2)(A). Pub. L. 107–76, § 766(2)(A), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “Not later than January 1, 2002, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition and Forestry of the Senate a report on the activities of the State agencies receiving grants under this subsection.”

Subsec. (f)(2)(B). Pub. L. 107–76, § 766(2)(B), substituted “reports” for “report” in introductory provisions.

1998

Subsec. (a)(1)(C)(i)(I). Pub. L. 105–336, § 103(a)(1)(A), substituted “4” for “3” before “successive school years” in two places.

Subsec. (a)(1)(C)(ii), (iii). Pub. L. 105–336, § 103(a)(1)(B), substituted “4-” for “3-” before “school-year period”.

Subsec. (a)(1)(D)(i). Pub. L. 105–336, § 103(a)(2)(A), substituted “4-” for “3-” before “school-year period” in two places and “4” for “2” before “school years”.

Subsec. (a)(1)(D)(ii). Pub. L. 105–336, § 103(a)(2)(B), struck out first sentence which read “A school described in clause (i) may reapply to the State at the end of the 2-school-year period described in clause (i) for the purpose of continuing to receive special assistance payments, as determined in accordance with this paragraph, for a subsequent 5-school-year period.”, substituted “A school described in clause (i)” for “The school”, and substituted “4-” for “5-” before “school-year period” wherever appearing.

Subsec. (a)(1)(D)(iii). Pub. L. 105–336, § 103(a)(2)(C), substituted “4-” for “5-” before “school-year period”.

Subsec. (a)(1)(E)(iii). Pub. L. 105–336, § 103(a)(3), struck out cl. (iii) which read as follows: “Not later than 1 year after November 2, 1994, the Secretary shall evaluate the effects of this subparagraph and notify the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the results of the evaluation.”

Subsec. (a)(3)(B). Pub. L. 105–336, § 103(b)(1), inserted subpar. heading, designated first two sentences as cls. (i) and (ii), respectively, and inserted headings, and designated last sentence as subcl. (I) of cl. (iii), inserted headings, substituted “For the period ending June 30, 1999, the adjustments” for “The adjustments”, and added subcl. (II).

Subsec. (f). Pub. L. 105–336, § 103(c)(1), added subsec. (f).

1996

Subsec. (a)(1)(D)(i). Pub. L. 104–193, § 704(a), struck out “, on November 2, 1994,” after “any school that”.

Subsec. (a)(3)(B). Pub. L. 104–193, § 704(b)(1), inserted before period at end “, except that adjustments to payment rates for meals and supplements served to individuals not determined to be eligible for free or reduced price meals and supplements shall be computed to the nearest lower cent increment and based on the unrounded amount for the preceding 12-month period”.

Subsec. (d). Pub. L. 104–193, § 704(c)(1), (3) redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this chapter, including those applicable to funds apportioned or paid pursuant to section 1753 of this title but excluding the provisions of section 1756 of this title relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section.”

Subsec. (e). Pub. L. 104–193, § 704(c)(3), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (e)(2). Pub. L. 104–193, § 704(c)(2), substituted “On request of the Secretary, the State educational agency” for “The State educational agency” and struck out “each month” after “report to the Secretary”.

Subsec. (f). Pub. L. 104–193, § 704(c)(3), redesignated subsec. (f) as (e).

1994

Subsec. (a)(1). Pub. L. 103–448 designated first sentence as subpar. (A) and second sentence as subpar. (B), substituted “Except as provided in subparagraph (C), (D), or (E), in the case of” for “In the case of” in subpar. (B), added subpars. (C) to (E), and struck out at end “In the case of any school that (A) elects to serve all children in that school free lunches under the school lunch program during any period of three successive school years and (B) pays, from sources other than Federal funds, for the costs of serving such lunches which are in excess of the value of assistance received under this chapter with respect to the number of lunches served during that period, special assistance payments shall be paid to the State educational agency with respect to that school during that period on the basis of the number of lunches determined under the succeeding sentence. For purposes of making special assistance payments in accordance with the preceding sentence, the number of lunches served by a school to children eligible for free lunches and reduced price lunches during each school year of the three-school-year period shall be deemed to be the number of lunches served by that school to children eligible for free lunches and reduced price lunches during the first school year of such period, unless that school elects, for purposes of computing the amount of such payments, to determine on a more frequent basis the number of children eligible for free and reduced price lunches who are served lunches during such period.”

1989

Subsecs. (a), (b). Pub. L. 101–147, § 312(2), (3), substituted “reduced price” for “reduced-price” and “special assistance” for “special-assistance” wherever appearing in pars. (1) and (2) of subsec. (a) and first sentence of subsec. (b).

Subsec. (e)(1). Pub. L. 101–147, § 203, substituted “The Secretary, when appropriate, may request each school participating in the school lunch program under this chapter to report monthly to the State educational agency” for “Each school participating in the school lunch program under this chapter shall report each month to its State educational agency”.

Subsec. (f). Pub. L. 101–147, § 312(3), substituted “special assistance” for “special-assistance”.

Pub. L. 101–147, § 312(2), which directed substitution of “reduced price” for “reduced-price”, could not be executed because the word “reduced-price” did not appear.

1981

Subsec. (a). Pub. L. 97–35, § 801(b), redesignated existing provisions as par. (1), substituted “(A)” for “(1)” and “(B)” for “(2)”, and struck out provisions relating to special assistance factors, adjustments, etc., for funds for the fiscal year beginning July 1, 1973, and after, and added pars. (2) and (3).

Subsec. (b). Pub. L. 97–35, § 819(a)(1), struck out “financing the cost of” before “providing free”.

Subsec. (d). Pub. L. 97–35, § 819(a)(2), struck out reference to section 1754 of this title.

Subsec. (e). Pub. L. 97–35, § 812, struck out par. (1) which related to submission of State plan for child nutrition operations. Former pars. (2) and (3) were redesignated as (1) and (2), respectively, and in such pars. as so redesignated, struck out requirement respecting estimation of eligible children by participating State.

Subsec. (f). Pub. L. 97–35, § 813(b), added subsec. (f).

1980

Subsec. (a). Pub. L. 96–499 struck out provision that if in any State all schools charged students a uniform price for reduced-price lunches, and such price was less than twenty cents, the special assistance factor prescribed for reduced-price lunches in such State was to be equal to the special assistance factor for free lunches reduced by either ten cents or the price charged for reduced-price lunches in such State, whichever was greater.

1978

Subsec. (a). Pub. L. 95–627 substituted “20 cents” for “10 cents” after “which shall be”, inserted “for All Urban Consumers” after “Consumer Price Index”, and inserted provision relating to the special assistance factor prescribed for reduced-price lunches in any State in which all schools charge students a uniform price for lunches.

1977

Subsec. (a). Pub. L. 95–166 provided for special-assistance payments to the State educational agency where 80 percent of children in attendance during the school year are eligible for free lunches or reduced-price lunches and for determination of number of lunches served to children eligible for free lunches and reduced-price lunches where the school serves all students, eligible and noneligible, and funds for noneligible students are from other than Federal funds.

1975

Subsec. (e)(1). Pub. L. 94–105 substituted “Each year by not later than a date specified by the Secretary” for “Not later than January 1 of each year”, and “following school year” for “following fiscal year”.

1973

Subsec. (a). Pub. L. 93–150 added subsec. (a) and struck out former subsec. (a) provisions relating to appropriations authorization for fiscal year ending June 30, 1971, and succeeding fiscal years of such sums as may be necessary to provide special assistance to assure access to the school lunch program under this chapter by children of low-income families.

Subsec. (b). Pub. L. 93–150 added subsec. (b) and struck out former subsec. (b) provisions relating to formula for apportionment of funds and need for additional funds.

Subsec. (c). Pub. L. 93–150 redesignated subsec. (d) as (c), substituted “Special assistance payments to any State” for “Payment of the funds apportioned to any State”, and struck out former subsec. (c) provisions relating to basis for apportionment among States and need for additional funds.

Subsec. (d). Pub. L. 93–150 redesignated subsec. (g) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 93–150 redesignated subsec. (h) as (e) and struck out former subsec. (e) provisions relating to State disbursement to schools for financing operating costs of the school lunch program and basis for determination of amount of funds. Subject matter was covered by subsecs. (a) and (b) of this section.

Subsec. (f). Pub. L. 93–150 struck out subsec. (f) provisions relating to withholding of funds from State educational agencies not permitted to disburse funds to nonprofit private schools and direct disbursement to nonprofit private schools, and conditions thereof.

Subsecs. (g), (h). Pub. L. 93–150 redesignated subsecs. (g) and (h) as (d) and (e), respectively.

1971

Subsec. (e). Pub. L. 92–153 established a reimbursement rate as amount of funds to be disbursed to schools in a State, provided for receipt of a greater amount or reimbursement per meal if the school established financial inability to support service of meals, and prescribed maximum per meal amount and higher maximum per meal amount for especially needy schools.

1970

Subsec. (a). Pub. L. 91–248 authorized for fiscal year ending June 30, 1971, and for each succeeding fiscal year such sums as may be necessary to provide assistance to assure access to school lunch program by children of low-income families.

Subsec. (b). Pub. L. 91–248 substituted formula for apportionment of funds among Puerto Rico, the Virgin Islands, Guam, and American Samoa based on the ratio of the number of children aged three to seventeen, inclusive, in such State as compared to the total number of such children in all such States, for a ratio based on the number of free or reduced price lunches served in the preceding fiscal year in such State as compared to the number of such lunches served in all such States in the preceding fiscal year.

Subsec. (c). Pub. L. 91–248 struck out provision requiring that not less than 50 percent of the remaining sums appropriated be apportioned among the States other than Puerto Rico, the Virgin Islands, Guam, and American Samoa, substituted formula for apportionment of special assistance funds among the States based on the total number of children aged three to seventeen, inclusive, in households with incomes of less than $4,000 per annum, for a formula based on the number of free or reduced price lunches served in the preceding fiscal year and the assistance need rate, and provided that further apportionment be made on the same basis as the initial apportionment to any State which justifies the need for additional funds.

Subsec. (e). Pub. L. 91–248 substituted provision requiring that funds disbursed by the State be used to assist schools in financing all or part of the operating costs of the school lunch program, for requirement that disbursed funds be used to assist schools in the purchase of agricultural commodities and other foods, struck out provision relating to the selection of schools to receive funds, and substituted as a basis for determination of the amount of funds to go to each school the need of that school for assistance in meeting the requirements of section 1758 of this title, for such factors as economic condition of area from which school draws attendance, the percentages of free and reduced price lunches being served in such schools, the price of lunches in such schools compared with the average prevailing price of lunches served in the State under this chapter and the need of such schools for assistance as reflected by the financial position of the school’s lunch programs.

Subsec. (f). Pub. L. 91–248 substituted “in the fiscal year beginning two years immediately prior to the fiscal year for which the funds are appropriated” for “in the preceding fiscal year”.

Subsec. (h). Pub. L. 91–248 added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

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.

Effective Date of 2004 Amendment

Amendment by section 104(d)(3) of Pub. L. 108–265 effective July 1, 2005, and amendment by section 113 of Pub. L. 108–265 effective June 30, 2004, see section 502(a), (b)(4) of Pub. L. 108–265, as amended, set out as an Effective Date note under section 1754 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–336 effective Oct. 1, 1998, see section 401 of Pub. L. 105–336, set out as a note under section 1755 of this title.

Effective Date of 1996 Amendment

Pub. L. 104–193, title VII, § 704(b)(2), Aug. 22, 1996, 110 Stat. 2290, provided that: “The amendment made by paragraph (1) [amending this section] shall become effective on July 1, 1997.”

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–448 effective Oct. 1, 1994, see section 401 of Pub. L. 103–448, set out as a note under section 1755 of this title.

Effective Date of 1981 Amendment

Amendment by section 801 of Pub. L. 97–35 effective Sept. 1, 1981, amendment by sections 812 and 819 of Pub. L. 97–35 effective Oct. 1, 1981, and amendment by section 813 of Pub. L. 97–35 effective 90 days after Aug. 13, 1981, see section 820(a)(1)(A), (4), (5) of Pub. L. 97–35, set out as a note under section 1753 of this title.

Effective Date of 1978 Amendment

Amendment by sections 4 and 5(c) of Pub. L. 95–627 effective Jan. 1, 1979, and July 1, 1979, respectively, see section 14 of Pub. L. 95–627, set out as a note under section 1755 of this title.

Semiannual Adjustments Reflecting the Consumer Price Index for All Urban Consumers During Fiscal Year Ending September 30, 1981

Pub. L. 96–499, title II, § 204(b), Dec. 5, 1980, 94 Stat. 2601, related to annual and semiannual adjustments required under the former sixth sentence of subsec. (a) of this section during the fiscal year ending Sept. 30, 1981.

Additional Funds for Food Service Programs for Children; Apportionment to States Special Assistance; Consultation With Child Nutrition Council; Reimbursement From Supplemental Appropriation

Additional funds for food service programs for children from appropriations under section 612(c) of Title 7, Agriculture, apportionment to States, special assistance programs, consultation with National Advisory Council on Child Nutrition, and reimbursement from supplemental appropriation, see section 1 of Pub. L. 92–153, set out as a note under section 1753 of this title.

Credits

1946–2010 · 16 acts

1946June 4, 1946, ch. 281, § 11, as added Pub. L. 87–823, § 6, Oct. 15, 1962, 76 Stat. 946
1970amended Pub. L. 91–248, § 7, May 14, 1970, 84 Stat. 211
1971Pub. L. 92–153, § 4, Nov. 5, 1971, 85 Stat. 420
1973Pub. L. 93–150, § 3(a), Nov. 7, 1973, 87 Stat. 561
1975Pub. L. 94–105, § 8, Oct. 7, 1975, 89 Stat. 514
1977Pub. L. 95–166, § 9, Nov. 10, 1977, 91 Stat. 1336
1978Pub. L. 95–627, §§ 4, 5(c), Nov. 10, 1978, 92 Stat. 3619, 3620
1980Pub. L. 96–499, title II, § 204(a), Dec. 5, 1980, 94 Stat. 2601
1981Pub. L. 97–35, title VIII, §§ 801(b), 812, 813(b), 819(a), Aug. 13, 1981, 95 Stat. 522, 530, 533
1989Pub. L. 101–147, title II, § 203, title III, § 312(2), (3), Nov. 10, 1989, 103 Stat. 909, 916
1994Pub. L. 103–448, title I, § 111, Nov. 2, 1994, 108 Stat. 4706
1996Pub. L. 104–193, title VII, § 704(a), (b)(1), (c), Aug. 22, 1996, 110 Stat. 2289, 2290
1998Pub. L. 105–336, title I, § 103(a), (b)(1), (c)(1), Oct. 31, 1998, 112 Stat. 3145, 3146
2001Pub. L. 107–76, title VII, § 766, Nov. 28, 2001, 115 Stat. 744
2004Pub. L. 108–265, title I, §§ 104(d)(3), 113, June 30, 2004, 118 Stat. 738, 747
2010Pub. L. 111–296, title I, § 104, title IV, § 441(a)(2), (3), Dec. 13, 2010, 124 Stat. 3193, 3261.

Show as published

(June 4, 1946, ch. 281, § 11, as added Pub. L. 87–823, § 6, Oct. 15, 1962, 76 Stat. 946; amended Pub. L. 91–248, § 7, May 14, 1970, 84 Stat. 211; Pub. L. 92–153, § 4, Nov. 5, 1971, 85 Stat. 420; Pub. L. 93–150, § 3(a), Nov. 7, 1973, 87 Stat. 561; Pub. L. 94–105, § 8, Oct. 7, 1975, 89 Stat. 514; Pub. L. 95–166, § 9, Nov. 10, 1977, 91 Stat. 1336; Pub. L. 95–627, §§ 4, 5(c), Nov. 10, 1978, 92 Stat. 3619, 3620; Pub. L. 96–499, title II, § 204(a), Dec. 5, 1980, 94 Stat. 2601; Pub. L. 97–35, title VIII, §§ 801(b), 812, 813(b), 819(a), Aug. 13, 1981, 95 Stat. 522, 530, 533; Pub. L. 101–147, title II, § 203, title III, § 312(2), (3), Nov. 10, 1989, 103 Stat. 909, 916; Pub. L. 103–448, title I, § 111, Nov. 2, 1994, 108 Stat. 4706; Pub. L. 104–193, title VII, § 704(a), (b)(1), (c), Aug. 22, 1996, 110 Stat. 2289, 2290; Pub. L. 105–336, title I, § 103(a), (b)(1), (c)(1), Oct. 31, 1998, 112 Stat. 3145, 3146; Pub. L. 107–76, title VII, § 766, Nov. 28, 2001, 115 Stat. 744; Pub. L. 108–265, title I, §§ 104(d)(3), 113, June 30, 2004, 118 Stat. 738, 747; Pub. L. 111–296, title I, § 104, title IV, § 441(a)(2), (3), Dec. 13, 2010, 124 Stat. 3193, 3261.)

Statutory text

Formula for computation of payments; computation for lunches to eligible children in schools funding service to ineligible children from non-Federal sources; special assistance factors; annual adjustments

Universal meal service in high poverty areas.—

Definition of identified students.—

Election of special assistance payments.—

In general.—

Election to stop receiving payments.—

First year of option.—

Special assistance payment.—

Payment for other meals.—

Second, third, or fourth year of option.—

Special assistance payment.—

Payment for other meals.—

Grace year.—

In general.—

Special assistance payment.—

Payment for other meals.—

Applications.—

Multiplier.—

Phase-in.—

Full implementation.—

Threshold.—

Phase-in.—

Full implementation.—

Phase-in.—

In general.—

Limitation.—

Election of option.—

In general.—

State agency notification.—

Public notification of local educational agencies.—

Public notification of schools.—

Implementation.—

Guidance.—

Regulations.—

Publication.—

Report.—

Funding.—

In general.—

Receipt and acceptance.—

Computation of adjustment.—

In general.—

Basis.—

Rounding.—

Financing cost of free and reduced price lunches on basis of need of school for special assistance; maximum per lunch amount

Payments to States

Report of school to State educational agency, contents; report of State educational agency to Secretary, contents

Eligibility of commodity only schools for special assistance payments; free and reduced price meals; discrimination and identification prohibited

Repealed. Pub. L. 111–296, title IV, § 441(a)(3), Dec. 13, 2010, 124 Stat. 3261

Universal meal service through Census data

In general

Recommendations

Considerations

In general

Socioeconomic survey

Survey parameters

Use of alternatives

Demonstration projects

In general

Number of projects

Limitation

Evaluation

Requirement

Footnotes

Legislative history

Editorial Notes

2010

2004

2001

1998

1996

1994

1989

1981

1980

1978

1977

1975

1973

1971

Repealed. Pub. L. 111–296, title IV, § 441(a)(3), Dec. 13, 2010, 124 Stat. 3261