§ 1753. Apportionments to States
(a) The sums appropriated for any fiscal year
pursuant to the authorizations contained in sec-
tion 1752 of this title shall be available to the
Secretary for supplying agricultural commod-
ities and other food for the program in accord-
ance with the provisions of this chapter.
(b)(1) The Secretary shall make food assist-
ance payments to each State educational agency
each fiscal year, at such times as the Secretary
may determine, from the sums appropriated for
such purpose, in a total amount equal to the
product obtained by multiplying—
(A) the number of lunches (consisting of a
combination of foods which meet the min-
imum nutritional requirements prescribed by
the Secretary under section 1758(a) of this
title) served during such fiscal year in schools
in such State which participate in the school
lunch program under this chapter under agree-
ments with such State educational agency; by
(B) the national average lunch payment pre-
scribed in paragraph (2) of this subsection.
(2) The national average lunch payment for
each lunch served shall be 10.5 cents (as adjusted
pursuant to section 1759a(a) of this title) except
that for each lunch served in school food au-
thorities in which 60 percent or more of the
lunches served in the school lunch program dur-
ing the second preceding school year were served
free or at a reduced price, the national average
lunch payment shall be 2 cents more.
(3) ADDITIONAL REIMBURSEMENT.—
(A) REGULATIONS.—
(i)
PROPOSED
REGULATIONS.—Notwith-
standing section 1758(f) of this title, not
later than 18 months after December 13, 2010,
the Secretary shall promulgate proposed
regulations to update the meal patterns and
nutrition standards for the school lunch pro-
gram authorized under thi
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Page 4884
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1753
Statutory Notes and Related Subsidiaries
APPROPRIATIONS AS FUNCTIONS OF HEALTH AND HUMAN
SERVICES
Pub. L. 90–302, § 1, May 8, 1968, 82 Stat. 117, as amend-
ed by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695, provided in part that: ‘‘Appropriations shall
be considered Health and Human Services functions for
budget purposes rather than functions of Agriculture.’’
§ 1753. Apportionments to States
(a) The sums appropriated for any fiscal year
pursuant to the authorizations contained in sec-
tion 1752 of this title shall be available to the
Secretary for supplying agricultural commod-
ities and other food for the program in accord-
ance with the provisions of this chapter.
(b)(1) The Secretary shall make food assist-
ance payments to each State educational agency
each fiscal year, at such times as the Secretary
may determine, from the sums appropriated for
such purpose, in a total amount equal to the
product obtained by multiplying—
(A) the number of lunches (consisting of a
combination of foods which meet the min-
imum nutritional requirements prescribed by
the Secretary under section 1758(a) of this
title) served during such fiscal year in schools
in such State which participate in the school
lunch program under this chapter under agree-
ments with such State educational agency; by
(B) the national average lunch payment pre-
scribed in paragraph (2) of this subsection.
(2) The national average lunch payment for
each lunch served shall be 10.5 cents (as adjusted
pursuant to section 1759a(a) of this title) except
that for each lunch served in school food au-
thorities in which 60 percent or more of the
lunches served in the school lunch program dur-
ing the second preceding school year were served
free or at a reduced price, the national average
lunch payment shall be 2 cents more.
(3) ADDITIONAL REIMBURSEMENT.—
(A) REGULATIONS.—
(i)
PROPOSED
REGULATIONS.—Notwith-
standing section 1758(f) of this title, not
later than 18 months after December 13, 2010,
the Secretary shall promulgate proposed
regulations to update the meal patterns and
nutrition standards for the school lunch pro-
gram authorized under this chapter and the
school breakfast program established by sec-
tion 1773 of this title based on recommenda-
tions made by the Food and Nutrition Board
of the National Research Council of the Na-
tional Academy of Sciences.
(ii) INTERIM OR FINAL REGULATIONS.—
(I)
IN
GENERAL.—Not
later
than
18
months after promulgation of the proposed
regulations under clause (i), the Secretary
shall promulgate interim or final regula-
tions.
(II) DATE OF REQUIRED COMPLIANCE.—The
Secretary shall establish in the interim or
final regulations a date by which all
school food authorities participating in
the school lunch program authorized under
this Act and the school breakfast program
established by section 1773 of this title are
required to comply with the meal pattern
and nutrition standards established in the
interim or final regulations.
(iii) REPORT TO CONGRESS.—Not later than
90 days after December 13, 2010, and each 90
days thereafter until the Secretary has pro-
mulgated interim or final regulations under
clause (ii), the Secretary shall submit to the
Committee on Education and Labor of the
House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of
the Senate a quarterly report on progress
made toward promulgation of the regula-
tions described in this subparagraph.
(B)
PERFORMANCE-BASED
REIMBURSEMENT
RATE INCREASE.—Beginning on the later of the
date of promulgation of the implementing reg-
ulations described in subparagraph (A)(ii), De-
cember 13, 2010, or October 1, 2012, the Sec-
retary shall provide additional reimbursement
for each lunch served in school food authori-
ties determined to be eligible under subpara-
graph (D).
(C) ADDITIONAL REIMBURSEMENT.—
(i) IN
GENERAL.—Each lunch served in
school food authorities determined to be eli-
gible under subparagraph (D) shall receive
an additional 6 cents, adjusted in accordance
with section 1759a(a)(3) of this title, to the
national lunch average payment for each
lunch served.
(ii)
DISBURSEMENT.—The
State
agency
shall disburse funds made available under
this paragraph to school food authorities eli-
gible to receive additional reimbursement.
(D) ELIGIBLE SCHOOL FOOD AUTHORITY.—To be
eligible to receive an additional reimburse-
ment described in this paragraph, a school
food authority shall be certified by the State
to be in compliance with the interim or final
regulations described in subparagraph (A)(ii).
(E) FAILURE TO COMPLY.—Beginning on the
later of the date described in subparagraph
(A)(ii)(II), December 13, 2010, or October 1, 2012,
school food authorities found to be out of com-
pliance with the meal patterns or nutrition
standards established by the implementing
regulations shall not receive the additional re-
imbursement for each lunch served described
in this paragraph.
(F) ADMINISTRATIVE COSTS.—
(i) IN GENERAL.—Subject to clauses (ii) and
(iii), the Secretary shall make funds avail-
able to States for State activities related to
training, technical assistance, certification,
and oversight activities of this paragraph.
(ii) PROVISION
OF
FUNDS.—The Secretary
shall provide funds described in clause (i) to
States administering a school lunch pro-
gram in a manner proportional to the ad-
ministrative expense allocation of each
State during the preceding fiscal year.
(iii) FUNDING.—
(I) IN GENERAL.—In the later of the fiscal
year in which the implementing regula-
tions described in subparagraph (A)(ii) are
promulgated or the fiscal year in which
this paragraph is enacted, and in the sub-
sequent fiscal year, the Secretary shall use
not more than $50,000,000 of funds made
available under section 1752 of this title to
make payments to States described in
clause (i).
Page 4885
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1753
(II) RESERVATION.—In providing funds to
States under clause (i), the Secretary may
reserve not more than $3,000,000 per fiscal
year to support Federal administrative ac-
tivities to carry out this paragraph.
(June 4, 1946, ch. 281, § 4, 60 Stat. 230; July 12,
1952, ch. 699, § 1(a), 66 Stat. 591; Pub. L. 87–688,
§ 3(a), Sept. 25, 1962, 76 Stat. 587; Pub. L. 87–823,
§ 2, Oct. 15, 1962, 76 Stat. 944; Pub. L. 92–433, § 4(c),
Sept. 26, 1972, 86 Stat. 726; Pub. L. 93–150, § 2(a),
Nov. 7, 1973, 87 Stat. 560; Pub. L. 97–35, title VIII,
§§ 801(a), 819(g), Aug. 13, 1981, 95 Stat. 521, 533;
Pub. L. 101–147, title III, §§ 301, 312(2), Nov. 10,
1989, 103 Stat. 913, 916; Pub. L. 111–296, title II,
§ 201, Dec. 13, 2010, 124 Stat. 3214.)
Editorial Notes
AMENDMENTS
2010—Subsec. (b)(3). Pub. L. 111–296 added par. (3).
1989—Pub. L. 101–147, § 301, inserted ‘‘Apportionments
to States’’ as section catchline.
Subsec. (b)(2). Pub. L. 101–147, § 312(2), substituted ‘‘re-
duced price’’ for ‘‘reduced-price’’.
1981—Subsec. (a). Pub. L. 97–35, §§ 801(a)(1), (2), 819(g),
designated existing provisions as subsec. (a), struck out
exclusion of sum specified in section 1754 of this title,
and struck out provisions relating to food assistance
payments.
Subsec. (b). Pub. L. 97–35, § 801(a)(3), added subsec. (b).
1973—Pub. L. 93–150 increased national average food
assistance payments from 8 to 10 cents per lunch.
1972—Pub. L. 92–433 substituted new formula for food
assistance payments to State educational agencies by
taking into account the number of lunches served dur-
ing the year, the children in the schools in such State
participating in the school lunch program, and the na-
tional average payment per lunch set up by the Sec-
retary, with certain limitations, for apportionment for-
mula limiting the apportionable funds to 75 per cent of
the available funds for such year, and taking into ac-
count the participation rate for the State, the need
rate for the State, and providing for a method of appor-
tionment, special provisions for disposal of excess or
unused funds and for fiscal years beginning July 1, 1962,
July 1, 1963, July 1, 1964 and fixing the funds for Amer-
ican Samoa at $25,000 for each year for the five fiscal
years beginning July 1, 1962.
1962—Pub. L. 87–823 amended section generally, and,
among other changes, substituted as factors for appor-
tionment of funds among the States ‘‘(1) the participa-
tion rate for the State, and (2) the assistance need rate
for the State’’ for ‘‘(1) the number of school children in
the State and (2) the need for assistance in the State as
indicated by the relation of the per capita income of
the United States to the per capita income in the
State’’; inserted, in provision for determination of
amount of apportionment in clause designated ‘‘sec-
ond’’, ‘‘(exclusive of American Samoa for periods end-
ing before July 1, 1967)’’; inserted provisions for use of
transitional formulas in apportionment of funds for fis-
cal years beginning in 1962, 1963, and 1964 and appor-
tioning to American Samoa $25,000 annually for five fis-
cal years in period beginning July 1, 1962 and ending
June 30, 1967; and struck out apportionment formula for
Puerto Rico, Guam, American Samoa, and the Virgin
Islands, which limited apportionments to 3 per centum
of the total fund to be apportioned but required the ap-
portionment to each to be not less than an amount
which would result in an allotment per child of school
age equal to that for the State with the lowest per cap-
ita income, definition of school (incorporated in section
1760(d)(7) of this title), provision for use of latest per
capita income figures certified by the Department of
Commerce (incorporated in section 1760(d)(6)(ii) of this
title), and definition of school children which provided
that the number of school children should be the num-
ber between ages of five and seventeen.
Pub. L. 87–688 inserted ‘‘American Samoa,’’ after
‘‘Guam,’’ in two places and ‘‘the apportionment for
American Samoa,’’ after ‘‘the apportionment for
Guam,’’.
1952—Act July 12, 1952, removed Alaska and Hawaii
from 3 percent limitation imposed on Puerto Rico and
Virgin Islands, made limitation applicable to Guam,
and modified effects of 3 percent limitation.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and Labor of House of Rep-
resentatives changed to Committee on Education and
the Workforce of House of Representatives by House
Resolution No. 5, One Hundred Eighteenth Congress,
Jan. 9, 2023.
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 1981 AMENDMENT
Pub. L. 97–35, title VIII, § 820(a), Aug. 13, 1981, 95 Stat.
534, provided that: ‘‘The provisions of this title shall
take effect as follows:
‘‘(1) The amendments made by the following sections
shall take effect on the first day of the month following
the date of the enactment of this Act [Aug. 13, 1981] or
on September 1, 1981, whichever is earlier:
‘‘(A) section 801 [amending this section and sections
1759a and 1773 of this title];
‘‘(B) that portion of the amendment made by sec-
tion 810(c) [amending section 1766 of this title] per-
taining to the reimbursement rate for supplements;
‘‘(C) that portion of the amendment made by sec-
tion 810(d)(1) [amending section 1766 of this title] per-
taining to the limitation on the number of meals for
which reimbursement may be made under the child
care food program;
‘‘(D) that portion of the amendment made by sec-
tion 810(d)(3) [amending section 1766 of this title]
which reduces the meal reimbursement factor by 10
percent; and
‘‘(E) section 811 [amending section 1758 of this
title].
‘‘(2) The amendments made by sections 802 and 804
[amending sections 1755 and 1756 of this title] shall take
effect on July 1, 1981.
‘‘(3) The amendments made by sections 807 [amending
section 1772 of this title], 808 [amending sections 1760
and 1784 of this title], and 810(a)(2) [amending section
1766 of this title] shall take effect on the first day of
the second month following the date of the enactment
of this Act [Aug. 13, 1981].
‘‘(4) The amendments made by the following sections
shall take effect October 1, 1981: sections 805 [repealing
sections 1754 and 1774 of this title], 806 [amending sec-
tion 1788 of this title], 809 [amending section 1761 of this
title], 810(a)(1) [amending section 1766 of this title],
810(f) [amending section 1766 of this title], 810(g)
[amending section 1766 of this title], 812 [amending sec-
tion 1759a of this title], 814 [amending section 1776 of
this title], 817 [enacting section 1774 of this title and
amending sections 1759, 1761, 1766, 1773, and 1788 of this
title], and 819 [amending this section and sections 1755,
1757, 1759a, 1760, 1762a, 1763, 1766, 1773, 1776, and 1780 of
this title].
‘‘(5) The amendments made by section 813 [amending
sections 1759a, 1760, 1762a, and 1772 of this title] shall
take effect 90 days after the date of the enactment of
this Act [Aug. 13, 1981].
‘‘(6) The amendments made by the following provi-
sions shall take effect January 1, 1982: subsections (b),
(c), (d), and (e) of section 810 [amending section 1766 of
this title], except that—
‘‘(A) the amendment made by section 810(c) per-
taining to the reimbursement rate for supplements
Page 4886
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1753
shall take effect as provided under paragraph (1) of
this subsection;
‘‘(B) the amendment made by section 810(d)(1) per-
taining to the limitation on the number of meals for
which reimbursement may be made shall take effect
as provided under paragraph (1) of this subsection;
and
‘‘(C) the amendment made by section 810(d)(3)
which reduces the meal reimbursement factor by 10
percent shall take effect as provided under paragraph
(1) of this subsection.
‘‘(7) The following provisions shall take effect on the
date of the enactment of this Act [Aug. 13, 1981]:
‘‘(A) the amendments made by subsections (a) and
(b) [amending section 1758 of this title] of section 803
and the provisions of subsections (c) and (d) [amend-
ing provisions set out as notes under section 1758 of
this title] of section 803;
‘‘(B) the amendment made by section 815 [amending
section 1786 of this title];
‘‘(C) the amendment made by section 816 [amending
section 1785 of this title]; and
‘‘(D) the provisions of section 818.’’
EFFECTIVE DATE OF 1972 AMENDMENT
Pub. L. 92–433, § 4(c), Sept. 26, 1972, 86 Stat. 726, pro-
vided that the amendment made by that section is ef-
fective after the fiscal year ending June 30, 1973.
EFFECTIVE DATE OF 1962 AMENDMENT
Pub. L. 87–688, § 3(b), Sept. 25, 1962, 76 Stat. 587, pro-
vided that: ‘‘The amendments made by this section
[amending this section and sections 1754 and 1760 of this
title] shall be applicable only with respect to funds ap-
propriated after the date of enactment of this Act
[Sept. 25, 1962].’’
EFFECTIVE DATE OF 1952 AMENDMENT
Act July 12, 1952, ch. 699, § 1(d), 66 Stat. 591, provided
that: ‘‘The amendments made by this Act [amending
this section and sections 1754 and 1760 of this title]
shall be effective only with respect to funds appro-
priated after the date on which this Act is enacted
[July 12, 1952].’’
PROMULGATION OF REGULATIONS
Pub. L. 97–35, title VIII, § 820(c), Aug. 13, 1981, 95 Stat.
535, provided that: ‘‘Not later than 60 days after the
date of the enactment of this Act [Aug. 13, 1981], the
Secretary of Agriculture shall promulgate regulations
to implement the amendments made by this title [see
Tables for classification].’’
SUPPORT FOR CHILD NUTRITION PROGRAMS; TEMPORARY
REIMBURSEMENTS
Pub. L. 117–158, § 2(a), June 25, 2022, 136 Stat. 1309, pro-
vided that:
‘‘(1)
TEMPORARY
LUNCH
REIMBURSEMENT.—Each
lunch served under the school lunch program author-
ized under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) shall receive addi-
tional reimbursement in the amount of 40 cents.
‘‘(2) TEMPORARY BREAKFAST REIMBURSEMENT.—Each
breakfast served under the school breakfast program
established by section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) shall receive additional reim-
bursement in the amount of 15 cents.
‘‘(3) LIMITATION.—The additional reimbursement
amounts authorized under this subsection shall only
be available for the school year beginning July 2022.
‘‘(4) APPROPRIATIONS.—
‘‘(A) IN GENERAL.—There is appropriated, out of
any funds in the Treasury not otherwise appro-
priated, such sums as are necessary to carry out
this subsection.
‘‘(B) DISBURSEMENT.—A State agency shall dis-
burse funds made available under subparagraph (A)
to school food authorities participating in the
school meal programs described in paragraphs (1)
and (2).’’
REDUCTION IN GENERAL REIMBURSEMENT FOR FISCAL
YEAR ENDING SEPTEMBER 30, 1981
Pub. L. 96–499, title II, § 201(a), Dec. 5, 1980, 94 Stat.
2599, provided that the national average payment per
lunch under this chapter shall be reduced by 21⁄2 cents
for certain school food authorities for fiscal year end-
ing Sept. 30, 1981, and that the amount of reimburse-
ments under section 1776 of this title for fiscal year
ending Sept. 30, 1983, and the amount of State revenues
appropriated or used for meeting the requirements
under section 1756 of this title for the school year end-
ing June 30, 1982, shall not be reduced because of a re-
duction in the amount of Federal funds expended, prior
to repeal by Pub. L. 97–35, title VIII, § 820(b)(1), Aug. 13,
1981, 95 Stat. 535, effective Sept. 1, 1981, or the first day
of the first month following Aug. 1981, whichever is ear-
lier.
USE OF FUNDS APPROPRIATED UNDER SECTION 612c OF
TITLE 7 FOR IMPLEMENTING THIS SECTION AND REIM-
BURSEMENT OF SUCH FUNDS
Pub. L. 92–433, § 4(a), Sept. 26, 1972, 86 Stat. 725, au-
thorized Secretary of Agriculture to use so much of the
funds appropriated by section 612(c) of title 7, as may
be necessary, to carry out the purposes of this section
and provide an average rate of reimbursement of not
less than 8 cents per meal within each State during the
fiscal year 1973 and provided for reimbursement of
funds so used.
ADDITIONAL
FUNDS
FOR
APPORTIONMENT
TO
STATES
AND
FOR SPECIAL ASSISTANCE; CONSULTATION WITH
CHILD NUTRITION COUNCIL; REIMBURSEMENT OF SEPA-
RATE FUND FROM SUPPLEMENTAL APPROPRIATION
Pub. L. 92–153, § 1, Nov. 5, 1971, 85 Stat. 419, provided:
‘‘That, notwithstanding any other provision of law, the
Secretary of Agriculture shall until such time as a sup-
plemental appropriation may provide additional funds
for such purpose use so much of the funds appropriated
by section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), as may be necessary, in addition to the funds now
available therefor, to carry out the purposes of section
11 of the [Richard B. Russell] National School Lunch
Act [section 1759a of this title] and provide a rate of re-
imbursement which will assure every needy child of
free or reduced price lunches during the fiscal year end-
ing June 30, 1972, and to carry out the purposes of sec-
tion 4 of the [Richard B. Russell] National School
Lunch Act [this section] and provide an average rate of
reimbursement of 6 cents per meal within each State.
In determining the amount of funds needed and the re-
quirements of the various States therefor, the Sec-
retary shall consult with the National Advisory Coun-
cil on Child Nutrition and interested parties. Funds ex-
pended under the foregoing provisions of this resolution
shall be reimbursed out of any supplemental appropria-
tion hereafter enacted [on and after Nov. 5, 1971] for the
purpose of carrying out section 4 [this section] and sec-
tion 11 of the [Richard B. Russell] National School
Lunch Act [section 1759a of this title], and such reim-
bursements shall be deposited into the fund established
pursuant to section 32 of the Act of August 24, 1935 [sec-
tion 612c of Title 7, Agriculture], to be available for the
purposes of said section 32 [section 612c of Title 7].’’
APPORTIONMENT OF ADDITIONAL FUNDS TO STATES
Pub. L. 92–433, § 4(b), Sept. 26, 1972, 86 Stat. 726, pro-
vided that: ‘‘Funds made available pursuant to this sec-
tion shall be apportioned to the States in such manner
as will best enable schools to meet their obligations
with respect to the service of free and reduced-price
lunches and to meet the objective of this section with
respect to providing a minimum rate of reimbursement
under section 4 of the [Richard B. Russell] National
School Lunch Act [this section], and such funds shall
be apportioned and paid as expeditiously as may be
practicable.’’
Pub. L. 92–153, § 2, Nov. 5, 1971, 85 Stat. 420, provided
that: ‘‘Funds made available by this joint resolution
Page 4887
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1754
[amending sections 1758 and 1759a of this title and en-
acting provisions set out as notes under this section
and sections 1758 and 1773 of this title] shall be appor-
tioned to the States in such manner as will best enable
schools to meet their obligations with respect to the
service of free and reduced price lunches and to meet
the objective of this joint resolution [amending sec-
tions 1758 and 1759a of this title and enacting provisions
set out as notes under this section and sections 1758 and
1773 of this title] with respect to providing a minimum
rate of reimbursement under section 4 of the [Richard
B. Russell] National School Lunch Act [this section],
and such funds shall be apportioned and paid as expedi-
tiously as may be practicable.’’
§ 1754. Nutrition promotion
(a) In general
Subject to the availability of funds made
available under subsection (g), the Secretary
shall make payments to State agencies for each
fiscal year, in accordance with this section, to
promote nutrition in food service programs
under this chapter and the school breakfast pro-
gram established under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
(b) Total amount for each fiscal year
The total amount of funds available for a fis-
cal year for payments under this section shall
equal not more than the product obtained by
multiplying—
(1) 1⁄2 cent; by
(2)
the
number
of
lunches
reimbursed
through food service programs under this
chapter during the second preceding fiscal
year in schools, institutions, and service insti-
tutions that participate in the food service
programs.
(c) Payments to States
(1) Allocation
Subject to paragraph (2), from the amount of
funds available under subsection (g) for a fis-
cal year, the Secretary shall allocate to each
State agency an amount equal to the greater
of—
(A) a uniform base amount established by
the Secretary; or
(B) an amount determined by the Sec-
retary, based on the ratio that—
(i) the number of lunches reimbursed
through food service programs under this
chapter in schools, institutions, and serv-
ice institutions in the State that partici-
pate in the food service programs; bears to
(ii) the number of lunches reimbursed
through the food service programs in
schools, institutions, and service institu-
tions in all States that participate in the
food service programs.
(2) Reductions
The Secretary shall reduce allocations to
State agencies qualifying for an allocation
under paragraph (1)(B), in a manner deter-
mined by the Secretary, to the extent nec-
essary to ensure that the total amount of
funds allocated under paragraph (1) is not
greater than the amount appropriated under
subsection (g).
(d) Use of payments
(1) Use by State agencies
A State agency may reserve, to support dis-
semination and use of nutrition messages and
material developed by the Secretary, up to—
(A) 5 percent of the payment received by
the State for a fiscal year under subsection
(c); or
(B) in the case of a small State (as deter-
mined by the Secretary), a higher percent-
age (as determined by the Secretary) of the
payment.
(2) Disbursement to schools and institutions
Subject to paragraph (3), the State agency
shall disburse any remaining amount of the
payment to school food authorities and insti-
tutions participating in food service programs
described in subsection (a) to disseminate and
use nutrition messages and material developed
by the Secretary.
(3) Summer food service program for children
In addition to any amounts reserved under
paragraph (1), in the case of the summer food
service program for children established under
section 1761 of this title, the State agency
may—
(A) retain a portion of the funds made
available under subsection (c) (as deter-
mined by the Secretary); and
(B) use the funds, in connection with the
program, to disseminate and use nutrition
messages and material developed by the Sec-
retary.
(e) Documentation
A State agency, school food authority, and in-
stitution receiving funds under this section
shall maintain documentation of nutrition pro-
motion activities conducted under this section.
(f) Reallocation
The Secretary may reallocate, to carry out
this section, any amounts made available to
carry out this section that are not obligated or
expended, as determined by the Secretary.
(g) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section,
to remain available until expended.
(June 4, 1946, ch. 281, § 5, as added Pub. L. 108–265,
title I, § 101, June 30, 2004, 118 Stat. 730.)
Editorial Notes
REFERENCES IN TEXT
The Child Nutrition Act of 1966, referred to in subsec.
(a), 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 this Act to the
Code, see Short Title note set out under section 1771 of
this title and Tables.
PRIOR PROVISIONS
A prior section 1754, acts June 4, 1946, ch. 281, § 5, 60
Stat. 231; July 12, 1952, ch. 699, § 1(b), 66 Stat. 591; Sept.
25, 1962, Pub. L. 87–688, § 3(a), 76 Stat. 587; Oct. 15, 1962,
Pub. L. 87–823, § 3(a), 76 Stat. 945; Nov. 10, 1977, Pub. L.
95–166, § 3, 91 Stat. 1332, related to amount, apportion-
ment, etc., for food service equipment assistance, prior
to repeal by Pub. L. 97–35, title VIII, §§ 805(a), 820(a)(4),
Aug. 13, 1981, 95 Stat. 527, 534, effective Oct. 1, 1981.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1751. Congressional declaration of policy
It is declared to be the policy of Congress, as
a measure of national security, to safeguard the
health and well-being of the Nation’s children
and to encourage the domestic consumption of
nutritious agricultural commodities and other
food, by assisting the States, through grants-in-
aid and other means, in providing an adequate
supply of foods and other facilities for the estab-
lishment, maintenance, operation, and expan-
sion of nonprofit school lunch programs.
(June 4, 1946, ch. 281, § 2, 60 Stat. 230; Pub. L.
101–147, title III, § 312(1), Nov. 10, 1989, 103 Stat.
916.)
Editorial Notes
AMENDMENTS
1989—Pub. L. 101–147 substituted ‘‘school lunch’’ for
‘‘school-lunch’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–296, title IV, § 445, Dec. 13, 2010, 124 Stat.
3266, provided that: ‘‘Except as otherwise specifically
provided in this Act [see Short Title of 2010 Amend-
ment note below] or any of the amendments made by
this Act, this Act and the amendments made by this
Act take effect on October 1, 2010.’’
EFFECTIVE DATE OF 1989 AMENDMENT
Pub. L. 101–147, § 2, Nov. 10, 1989, 103 Stat. 878, pro-
vided that: ‘‘Except as otherwise provided in this Act,
the amendments made by this Act [see Short Title of
1989 Amendment note below] shall take effect on the
date of the enactment of this Act [Nov. 10, 1989].’’
SHORT TITLE OF 2022 AMENDMENT
Pub. L. 117–158, § 1, June 25, 2022, 136 Stat. 1309, pro-
vided that: ‘‘This Act [amending section 2254c of Title
7, Agriculture, enacting provisions set out as notes
under sections 1753, 1760, and 1766 of this title, and
amending provisions set out as a note under section
1760 of this title] may be cited as the ‘Keep Kids Fed
Act
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The sums appropriated for any fiscal year pursuant to the authorizations contained in [section 1752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1752&num=0&edition=prelim) shall be available to the Secretary for supplying agricultural commodities and other food for the program in accordance with the provisions of this chapter.
**(b)**
(1) The Secretary shall make food assistance payments to each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in a total amount equal to the product obtained by multiplying—
(A) the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under [section 1758(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/a&num=0&edition=prelim)) served during such fiscal year in schools in such State which participate in the school lunch program under this chapter under agreements with such State educational agency; by
(B) the national average lunch payment prescribed in paragraph (2) of this subsection.
(2) The national average lunch payment for each lunch served shall be 10.5 cents (as adjusted pursuant to [section 1759a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1759a/a&num=0&edition=prelim)) except that for each lunch served in school food authorities in which 60 percent or more of the lunches served in the school lunch program during the second preceding school year were served free or at a reduced price, the national average lunch payment shall be 2 cents more.
(3) **Additional reimbursement.—**
(A) *Regulations.—*
(i) *
In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation’s children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1771. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1771. Congressional declaration of purpose
In recognition of the demonstrated relation-
ship between food and good nutrition and the ca-
pacity of children to develop and learn, based on
the years of cumulative successful experience
under the national school lunch program with
its significant contributions in the field of ap-
plied nutrition research, it is hereby declared to
be the policy of Congress that these efforts shall
be extended, expanded, and strengthened under
the authority of the Secretary of Agriculture as
a measure to safeguard the health and well-
being of the Nation’s children, and to encourage
the domestic consumption of agricultural and
other foods, by assisting States, through grants-
in-aid and other means, to meet more effectively
the nutritional needs of our children.
(Pub. L. 89–642, § 2, Oct. 11, 1966, 80 Stat. 885.)
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2022 AMENDMENT
Pub. L. 117–129, § 1, May 21, 2022, 136 Stat. 1225, pro-
vided that: ‘‘This Act [amending section 1786 of this
title] may be cited as the ‘Access to Baby Formula Act
of 2022’.’’
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–247, § 1, June 20, 2008, 122 Stat. 2314, pro-
vided that: ‘‘This Act [enacting section 1792 of this title
and provisions set out as notes under section 1792 of
this title] may be cited as the ‘Federal Food Donation
Act of 2008’.’’
SHORT TITLE OF 1992 AMENDMENTS
Pub. L. 102–512, § 1, Oct. 24, 1992, 106 Stat. 3363, pro-
vided that: ‘‘This Act [amending sections 1769, 1776, and
1786 of this title and enacting provisions set out as
notes under this section and sections 1769 and 1786 of
this title] may be cited as the ‘Children’s Nutrition As-
sistance Act of 1992’.’’
Pub. L. 102–512, title I, § 101, Oct. 24, 1992, 106 Stat.
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1771. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; authorization of appropriations** There is hereby authorized to be appropriated such sums as are necessary to enable the Secretary to carry out a program to assist the States and the Department of Defense through grants-in-aid and other means to initiate, maintain, or expand nonprofit breakfast programs in all schools which make application for assistance and agree to carry out a nonprofit breakfast program in accordance with this chapter. Appropriations and expenditures for this chapter shall be considered Health and Human Services functions for budget purposes rather than functions of Agriculture.
**(b) Breakfast assistance payments to State educational agencies; calculation; national average payments for breakfasts, free breakfasts and reduced price breakfasts; maximum price for reduced cost breakfasts; minimum daily nutrition requirements criteria; additional payments for severe need schools; maximum severe need payments**
(1)
(A)
(i) The Secretary shall make breakfast assistance payments to each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in an amount equal to the product obtained by multiplying—
(I) the number of breakfasts served during such fiscal year to children in schools in such States which participate in the school breakfast program under agreements with such State educational agency; by
(II) the national average breakfast payment for free breakfasts, for reduced price breakfasts, or for breakfasts served to children not eligible for free or reduced price meals, as appropriate, as prescribed in clause (B) of this paragraph.
(ii) The agreements described in clause (i)(I) shall be permanent agreements that may be amended
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1773. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1773. School breakfast program
(a) Establishment; authorization of appropria-
tions
There is hereby authorized to be appropriated
such sums as are necessary to enable the Sec-
retary to carry out a program to assist the
States and the Department of Defense through
grants-in-aid and other means to initiate, main-
tain, or expand nonprofit breakfast programs in
all schools which make application for assist-
ance and agree to carry out a nonprofit break-
fast program in accordance with this chapter.
Appropriations and expenditures for this chap-
ter shall be considered Health and Human Serv-
ices functions for budget purposes rather than
functions of Agriculture.
(b) Breakfast assistance payments to State edu-
cational agencies; calculation; national aver-
age payments for breakfasts, free breakfasts
and reduced price breakfasts; maximum
price for reduced cost breakfasts; minimum
daily nutrition requirements criteria; addi-
tional payments for severe need schools;
maximum severe need payments
(1)(A)(i) The Secretary shall make breakfast
assistance payments to each State educational
agency each fiscal year, at such times as the
Secretary may determine, from the sums appro-
priated for such purpose, in an amount equal to
the product obtained by multiplying—
(I) the number of breakfasts served during
such fiscal year to children in schools in such
States which participate in the school break-
fast program under agreements with such
State educational agency; by
(II) the national average breakfast payment
for free breakfasts, for reduced price break-
fasts, or for breakfasts served to children not
eligible for free or reduced price meals, as ap-
Page 5005
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1773
propriate, as prescribed in clause (B) of this
pa
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1773. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
There is appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers’ purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 612c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 612c. Appropriation to encourage exportation
and domestic consumption of agricultural
products
There is appropriated for each fiscal year be-
ginning with the fiscal year ending June 30, 1936
an amount equal to 30 per centum of the gross
receipts from duties collected under the customs
laws during the period January 1 to December
31, both inclusive, preceding the beginning of
each such fiscal year. Such sums shall be main-
tained in a separate fund and shall be used by
the Secretary of Agriculture only to (1) encour-
age the exportation of agricultural commodities
and products thereof by the payment of benefits
in connection with the exportation thereof or of
indemnities for losses incurred in connection
with such exportation or by payments to pro-
ducers in connection with the production of that
part of any agricultural commodity required for
domestic consumption; (2) encourage the domes-
Page 487
TITLE 7—AGRICULTURE
§ 612c
1 See References in Text note below.
tic consumption of such commodities or prod-
ucts by diverting them, by the payment of bene-
fits or indemnities or by other means, from the
normal channels of trade and commerce or by
increasing their utilization through benefits, in-
demnities, donations or by other means, among
persons in low income groups as determined by
the Secretary of Agriculture; and (3) reestablish
farmers’ purchasing power by making payments
in connection with the normal production of any
agricultural commodity for domestic consump-
tion. Determinations by the Secretary as to
what constitutes diversion and what constitutes
normal channels of trade and commerce and
what constitutes normal production for domes-
tic consumption shall be final. The sums appro-
priated under this section shall be expended for
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 612c. This identifies an authority to review, not proof of applicability.