
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-76 Section 766]
[CITE: 42USC1759a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1759a. Special assistance funds


(a) 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

    (1)(A) 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.
    (B) Except as provided in subparagraph (C), (D), or (E), 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.
    (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 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 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
        (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 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 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 4-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 4-school-year period.
    (D)(i) In the case of any school 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 has remained stable.
    (ii) A school 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 receives special assistance 
payments under this paragraph, for the purpose of continuing to receive 
the payments for a subsequent 4-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 4-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 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;

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).
    (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 under section 1753 of this title).
        (ii) The special assistance factor for lunches (as established 
    under paragraph (2) of this subsection).
        (iii) 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)]).
        (iv) The national average payment rates for supplements (as 
    established under section 1766(c) of this title).

    (B) Computation of adjustment.--
        (i) 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.
        (ii) 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.
        (iii) Rounding.--
            (I) Through june 30, 1999.--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.
            (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.

(b) 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.

(c) 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.

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

    (1) 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.
    (2) 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.

(e) 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)(3) 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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``reduced price''.
---------------------------------------------------------------------------

(f) Information and assistance concerning reimbursement options

                           (1) In general

        From funds made available under paragraph (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) of this section; and
                (ii) schools that may benefit from electing to receive 
            special assistance under subparagraph (C) or (E) of 
            subsection (a)(1) of this section;

            (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) of this section;
            (D) take any other actions the Secretary determines are 
        consistent with receiving special assistance under subparagraph 
        (C) or (E) of subsection (a)(1) of this section 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, 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) of this 
            section;
                (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) of this 
            section; 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.

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

                       References in Text

    The Child Nutrition Act of 1966, referred to in subsec. 
(a)(1)(C)(i)(II), (E)(i)(II), (3)(B)(i), is Pub. L. 89-642, Oct. 11, 
1966, 80 Stat. 885, as amended, which is classified generally to chapter 
13A (Sec. 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.


                               Amendments

    1998--Subsec. (a)(1)(C)(i)(I). Pub. L. 105-336, Sec. 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, Sec. 103(a)(1)(B), 
substituted ``4-'' for ``3-'' before ``school-year period''.
    Subsec. (a)(1)(D)(i). Pub. L. 105-336, Sec. 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, Sec. 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, Sec. 103(a)(2)(C), 
substituted ``4-'' for ``5-'' before ``school-year period''.
    Subsec. (a)(1)(E)(iii). Pub. L. 105-336, Sec. 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, Sec. 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, Sec. 103(c)(1), added subsec. (f).
    1996--Subsec. (a)(1)(D)(i). Pub. L. 104-193, Sec. 704(a), struck out 
``, on November 2, 1994,'' after ``any school that''.
    Subsec. (a)(3)(B). Pub. L. 104-193, Sec. 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, Sec. 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, Sec. 704(c)(3), redesignated subsec. 
(f) as (e). Former subsec. (e) redesignated (d).
    Subsec. (e)(2). Pub. L. 104-193, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 312(2), (3), substituted 
``reduced price'' for ``reduced-price'' and ``special assistance'' for 
``special-assistance''.
    1981--Subsec. (a). Pub. L. 97-35, Sec. 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, Sec. 819(a)(1), struck out ``financing 
the cost of'' before ``providing free''.
    Subsec. (d). Pub. L. 97-35, Sec. 819(a)(2), struck out reference to 
section 1754 of this title.
    Subsec. (e). Pub. L. 97-35, Sec. 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, Sec. 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) 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).


                    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

    Section 704(b)(2) of Pub. L. 104-193 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

    Section 204(b) of Pub. L. 96-499 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1753, 1755, 1756, 1757, 
1760, 1766, 1766a, 1769, 1773, 1776 of this title.
