
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: 42USC1756]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1756. Payments to States


(a) State revenue matching requirements; special provisions for lower 
        than average income per capita States

    (1) Funds appropriated to carry out section 1753 of this title 
during any fiscal year shall be available for payment to the States for 
disbursement by State educational agencies in accordance with such 
agreements, not inconsistent with the provisions of this chapter, as may 
be entered into by the Secretary and such State educational agencies for 
the purpose of assisting schools within the States in obtaining 
agricultural commodities and other foods for consumption by children in 
furtherance of the school lunch program authorized under this chapter. 
For any school year, such payments shall be made to a State only if, 
during such school year, the amount of the State revenues (excluding 
State revenues derived from the operation of the program) appropriated 
or used specifically for program purposes (other than any State revenues 
expended for salaries and administrative expenses of the program at the 
State level) is not less than 30 percent of the funds made available to 
such State under section 1753 of this title for the school year 
beginning July 1, 1980.
    (2) If, for any school year, the per capita income of a State is 
less than the average per capita income of all the States, the amount 
required to be expended by a State under paragraph (1) for such year 
shall be an amount bearing the same ratio to the amount equal to 30 
percent of the funds made available to such State under section 1753 of 
this title for the school year beginning July 1, 1980, as the per capita 
income of such State bears to the average per capita income of all the 
States.

(b) Disbursements; private schools

    The State revenues provided by any State to meet the requirement of 
subsection (a) of this section shall, to the extent the State deems 
practicable, be disbursed to schools participating in the school lunch 
program under this chapter. No State in which the State educational 
agency is prohibited by law from disbursing State appropriated funds to 
private schools shall be required to match Federal funds made available 
for meals served in such schools, or to disburse, to such schools, any 
of the State revenues required to meet the requirements of subsection 
(a) of this section.

(c) Certification of payments by Secretary

    The Secretary shall certify to the Secretary of the Treasury, from 
time to time, the amounts to be paid to any State under this section and 
shall specify when such payments are to be made. The Secretary of the 
Treasury shall pay to the State, at the time or times fixed by the 
Secretary, the amounts so certified.

(d) Combined Federal and State commodity purchases

    Notwithstanding any other provision of law, the Secretary may enter 
into an agreement with a State agency, acting on the request of a school 
food service authority, under which funds payable to the State under 
section 1753 or 1759a of this title may be used by the Secretary for the 
purpose of purchasing commodities for use by the school food service 
authority in meals served under the school lunch program under this 
chapter.

(June 4, 1946, ch. 281, Sec. 7, 60 Stat. 232; Pub. L. 91-248, Sec. 4, 
May 14, 1970, 84 Stat. 209; Pub. L. 92-433, Sec. 10, Sept. 26, 1972, 86 
Stat. 731; Pub. L. 94-105, Sec. 5, Oct. 7, 1975, 89 Stat. 511; Pub. L. 
95-166, Sec. 19(b), Nov. 10, 1977, 91 Stat. 1345; Pub. L. 97-35, title 
VIII, Sec. 804, Aug. 13, 1981, 95 Stat. 526; Pub. L. 101-147, title III, 
Sec. 303, Nov. 10, 1989, 103 Stat. 913; Pub. L. 103-448, title I, 
Sec. 104, Nov. 2, 1994, 108 Stat. 4701.)


                               Amendments

    1994--Subsec. (d). Pub. L. 103-448 added subsec. (d).
    1989--Pub. L. 101-147, Sec. 303(a), inserted ``Payments to States'' 
as section catchline.
    Subsec. (a)(2). Pub. L. 101-147, Sec. 303(b), substituted ``the'' 
for ``the the'' before ``school year beginning''.
    1981--Subsec. (a). Pub. L. 97-35 designated existing provisions as 
subsec. (a) and substituted provisions relating to funds appropriated to 
carry out section 1753 of this title during any fiscal year, for 
provisions relating to funds appropriated to carry out sections 1753 and 
1754 of this title during any fiscal year.
    Subsecs. (b), (c). Pub. L. 97-35 added subsecs. (b) and (c).
    1977--Pub. L. 95-166, among other changes, substituted in first 
sentence ``Funds appropriated to carry out'' and ``food service 
equipment assistance'' for ``Funds apportioned to any State pursuant 
to'' and ``nonfood assistance''; substituted in third sentence ``fiscal 
or school year thereafter'' for ``fiscal year thereafter''; substituted 
in fourth sentence ``fiscal or school year'' for ``fiscal year''; and 
substituted sixth sentence ``For the school year beginning in 1976, 
State revenue (other than revenues derived from the program) 
appropriated or used specifically for program purposes (other than 
salaries and administrative expenses at the State, as distinguished from 
local, level) shall constitute at least 8 percent of the matching 
requirement for the preceding school year, or, at the discretion of the 
Secretary, fiscal year, and for each school year thereafter, at least 10 
percent of the matching requirement for the preceding school year'' for 
``For the fiscal year beginning July 1, 1971, and the fiscal year 
beginning July 1, 1972, State revenue (other than revenues derived from 
the program) appropriated or utilized specifically for program purposes 
(other than salaries and administrative expenses at the State, as 
distinguished from local, level) shall constitute at least 4 per centum 
of the matching requirement for the preceding fiscal year; for each of 
the two succeeding fiscal years, at least 6 per centum of the matching 
requirement for the preceding fiscal year; for each of the subsequent 
two fiscal years, at least 8 per centum of the matching requirement for 
the preceding fiscal year; and for each fiscal year thereafter at least 
10 per centum of the matching requirement for the preceding fiscal 
year''.
    1975--Pub. L. 94-105 made requirements of section that each dollar 
of Federal assistance be matched by $3 from sources within the State 
inapplicable with respect to the payments made to participating schools 
under section 1753 of this title, with the proviso that such 
inapplicability not affect the level of State matching required by the 
sixth sentence of the section.
    1972--Pub. L. 92-433 substituted ``per centum of the matching 
requirement for the preceding fiscal year'' for ``per centum of the 
matching requirement'' in four places.
    1970--Pub. L. 91-248 inserted provision requiring that State 
revenues represent a prescribed minimum of the local funds required to 
match Federal funds apportioned under this chapter, required that 
amounts derived by the State from the program, or expended by it for 
salaries or administrative expenses at the State level, would not count 
toward meeting the State revenue share of the matching requirement, and 
required State funds disbursed to each school, to the extent 
practicable, on the basis of its share of the funds apportioned for the 
regular school lunch program, the special assistance program to schools 
to assure lunches for low-income children, the school breakfast program 
for needy children, and the nonfood assistance program for schools 
drawing from poor economic areas.


                    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 Pub. L. 97-35 effective July 1, 1981, see section 
820(a)(2) of Pub. L. 97-35, set out as a note under section 1753 of this 
title.


                    Effective Date of 1977 Amendment

    Section 19 of Pub. L. 95-166 provided that the amendment made by 
that section is effective July 1, 1977.

                  Section Referred to in Other Sections

    This section is referred to in section 1759a of this title.
