
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1753]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1753. Apportionments to States

    (a) The sums appropriated for any fiscal year pursuant to the 
authorizations contained in section 1752 of this title 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) 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) 
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.

(June 4, 1946, ch. 281, Sec. 4, 60 Stat. 230; July 12, 1952, ch. 699, 
Sec. 1(a), 66 Stat. 591; Pub. L. 87-688, Sec. 3(a), Sept. 25, 1962, 76 
Stat. 587; Pub. L. 87-823, Sec. 2, Oct. 15, 1962, 76 Stat. 944; Pub. L. 
92-433, Sec. 4(c), Sept. 26, 1972, 86 Stat. 726; Pub. L. 93-150, 
Sec. 2(a), Nov. 7, 1973, 87 Stat. 560; Pub. L. 97-35, title VIII, 
Secs. 801(a), 819(g), Aug. 13, 1981, 95 Stat. 521, 533; Pub. L. 101-147, 
title III, Secs. 301, 312(2), Nov. 10, 1989, 103 Stat. 913, 916.)


                               Amendments

    1989--Pub. L. 101-147, Sec. 301, inserted ``Apportionments to 
States'' as section catchline.
    Subsec. (b)(2). Pub. L. 101-147, Sec. 312(2), substituted ``reduced 
price'' for ``reduced-price''.
    1981--Subsec. (a). Pub. L. 97-35, Secs. 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, Sec. 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 during the year, the children in the schools in such 
State participating in the school lunch program, and the national 
average payment per lunch set up by the Secretary, with certain 
limitations, for apportionment formula limiting the apportionable funds 
to 75 per cent of the available funds for such year, and taking into 
account the participation rate for the State, the need rate for the 
State, and providing for a method of apportionment, special provisions 
for disposal of excess or unused funds and for fiscal years beginning 
July 1, 1962, July 1, 1963, July 1, 1964 and fixing the funds for 
American Samoa at $25,000 for each year for the five fiscal years 
beginning July 1, 1962.
    1962--Pub. L. 87-823 amended section generally, and, among other 
changes, substituted as factors for apportionment of funds among the 
States ``(1) the participation rate for the State, and (2) the 
assistance need rate for the State'' for ``(1) the number of school 
children in the State and (2) the need for assistance in the State as 
indicated by the relation of the per capita income of the United States 
to the per capita income in the State''; inserted, in provision for 
determination of amount of apportionment in clause designated 
``second'', ``(exclusive of American Samoa for periods ending before 
July 1, 1967)''; inserted provisions for use of transitional formulas in 
apportionment of funds for fiscal years beginning in 1962, 1963, and 
1964 and apportioning to American Samoa $25,000 annually for five fiscal 
years in period beginning July 1, 1962 and ending June 30, 1967; and 
struck out apportionment formula for Puerto Rico, Guam, American Samoa, 
and the Virgin Islands, which limited apportionments to 3 per centum of 
the total fund to be apportioned but required the apportionment to each 
to be not less than an amount which would result in an allotment per 
child of school age equal to that for the State with the lowest per 
capita income, definition of school (incorporated in section 1760(d)(7) 
of this title), provision for use of latest per capita income figures 
certified by the Department of Commerce (incorporated in section 
1760(d)(6)(ii) of this title), and definition of school children which 
provided that the number of school children should be the number between 
ages of five and seventeen.
    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.


                    Effective Date of 1981 Amendment

    Section 820(a) of title VIII of Pub. L. 97-35 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 section 810(c) 
    [amending section 1766 of this title] pertaining to the 
    reimbursement rate for supplements;
        ``(C) that portion of the amendment made by section 810(d)(1) 
    [amending section 1766 of this title] pertaining to the limitation 
    on the number of meals for which reimbursement may be made under the 
    child care food program;
        ``(D) that portion of the amendment made by section 810(d)(3) 
    [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 section 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 section 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 provisions 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) pertaining to the 
    reimbursement rate for supplements shall take effect as provided 
    under paragraph (1) of this subsection;
        ``(B) the amendment made by section 810(d)(1) pertaining to the 
    limitation on the number of meals for which reimbursement may be 
    made shall take effect as provided under paragraph (1) of this 
    subsection; and
        ``(C) the amendment made by section 810(d)(3) which reduces the 
    meal reimbursement factor by 10 percent shall take effect as 
    provided under paragraph (1) of this subsection.
    ``(7) The following provisions shall take effect on the date of the 
enactment of this Act [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) [amending 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

    Section 4(c) of Pub. L. 92-433 provided that the amendment made by 
that section is effective after the fiscal year ending June 30, 1973.


                    Effective Date of 1962 Amendment

    Section 3(b) of Pub. L. 87-688 provided 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 appropriated 
after the date of enactment of this Act [Sept. 25, 1962].''


                    Effective Date of 1952 Amendment

    Section 1(d) of act July 12, 1952, 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 appropriated 
after the date on which this Act is enacted [July 12, 1952].''


                       Promulgation of Regulations

    Section 820(c) of title VIII of Pub. L. 97-35 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].''


Reduction in General Reimbursement for Fiscal Year Ending September 30, 
                                  1981

    Pub. L. 96-499, title II, Sec. 201(a), Dec. 5, 1980, 94 Stat. 2599, 
provided that the national average payment per lunch under this chapter 
shall be reduced by 2\1/2\ cents for certain school food authorities for 
fiscal year ending Sept. 30, 1981, and that the amount of reimbursements 
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 ending 
June 30, 1982, shall not be reduced because of a reduction in the amount 
of Federal funds expended, prior to repeal by Pub. L. 97-35, title VIII, 
Sec. 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 
earlier.


Use of Funds Appropriated Under Section 612c of Title 7 for Implementing 
              This Section and Reimbursement of Such Funds

    Section 4(a) of Pub. L. 92-433 authorized 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 Separate 
                  Fund From Supplemental Appropriation

    Pub. L. 92-153, Sec. 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 supplemental 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 reimbursement which will assure every needy child of 
free or reduced price lunches during the fiscal year ending June 30, 
1972, and to carry out the purposes of section 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 requirements of the 
various States therefor, the Secretary shall consult with the National 
Advisory Council on Child Nutrition and interested parties. Funds 
expended under the foregoing provisions of this resolution shall be 
reimbursed out of any supplemental appropriation hereafter enacted [on 
and after Nov. 5, 1971] for the purpose of carrying out section 4 [this 
section] and section 11 of the [Richard B. Russell] National School 
Lunch Act [section 1759a of this title], and such reimbursements shall 
be deposited into the fund established pursuant to section 32 of the Act 
of August 24, 1935 [section 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

    Section 4(b) of Pub. L. 92-433 provided that: ``Funds made available 
pursuant to this section 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, Sec. 2, Nov. 5, 1971, 85 Stat. 420, provided that: 
``Funds made available by this joint resolution [amending sections 1758 
and 1759a of this title and enacting provisions set out as notes under 
this section and sections 1758 and 1773 of this title] 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 joint resolution 
[amending sections 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 expeditiously 
as may be practicable.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1755, 1756, 1757, 1759a, 
1760, 1762a, 1766, 1776 of this title.
