
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: 42USC1766a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1766a. Meal supplements for children in afterschool care


(a) General authority

                        (1) Grants to States

        The Secretary shall carry out a program to assist States through 
    grants-in-aid and other means to provide meal supplements under a 
    program organized primarily to provide care for children in 
    afterschool care in eligible elementary and secondary schools.

                        (2) Eligible schools

        For the purposes of this section, the term ``eligible elementary 
    and secondary schools'' means schools that--
            (A) operate school lunch programs under this chapter;
            (B) sponsor afterschool care programs; and
            (C) operate afterschool programs with an educational or 
        enrichment purpose.

(b) Eligible children

    Reimbursement may be provided under this section only for 
supplements served to school children who are not more than 18 years of 
age, except that the age limitation provided by this subsection shall 
not apply to a child described in section 1760(d)(1)(A) of this title.

(c) Reimbursement

                     (1) At-risk school children

        In the case of an eligible child who is participating in a 
    program authorized under this section operated at a site located in 
    a geographical area served by a school in which at least 50 percent 
    of the children enrolled are certified as eligible to receive free 
    or reduced price school meals under this chapter or the Child 
    Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), a supplement 
    provided under this section to the child shall be--
            (A) reimbursed at the rate at which free supplements are 
        reimbursed under section 1766(c)(3) of this title; and
            (B) served without charge.

                      (2) Other school children

        In the case of an eligible child who is participating in a 
    program authorized under this section at a site that is not 
    described in paragraph (1), for the purposes of this section, the 
    national average payment rate for supplements shall be equal to 
    those established under section 1766(c)(3) of this title (as 
    adjusted pursuant to section 1759a(a)(3) of this title).

(d) Contents of supplements

    The requirements that apply to the content of meal supplements 
served under child care food programs operated with assistance under 
this chapter shall apply to the content of meal supplements served under 
programs operated with assistance under this section.

(June 4, 1946, ch. 281, Sec. 17A, as added Pub. L. 101-147, title I, 
Sec. 106(a), Nov. 10, 1989, 103 Stat. 885; amended Pub. L. 105-336, 
title I, Sec. 108, Oct. 31, 1998, 112 Stat. 3153.)

                       References in Text

    The Child Nutrition Act of 1966, referred to in subsec. (c)(1), 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 this Act to the Code, see Short Title 
note set out under section 1771 of this title and Tables.


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-336, Sec. 108(a)(1), substituted 
``supplements under a program organized primarily to provide care for'' 
for ``supplements to''.
    Subsec. (a)(2)(C). Pub. L. 105-336, Sec. 108(a)(2), added subpar. 
(C) and struck out former subpar. (C) which read as follows: ``are 
participating in the child care food program under section 1766 of this 
title on May 15, 1989.''
    Subsec. (b). Pub. L. 105-336, Sec. 108(b), substituted ``served to 
school children who are not more than 18 years of age, except that the 
age limitation provided by this subsection shall not apply to a child 
described in section 1760(d)(1)(A) of this title.'' for ``served to 
children--
        ``(1) who are not more than 12 years of age; or
        ``(2) in the case of children of migrant workers or children 
    with handicaps, who are not more than 15 years of age.''
    Subsec. (c). Pub. L. 105-336, Sec. 108(c), added par. (1), 
designated existing provisions as par. (2), inserted heading, and 
substituted ``In the case of an eligible child who is participating in a 
program authorized under this section at a site that is not described in 
paragraph (1), for the purposes'' for ``For the purposes''.


                    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.


                               Regulations

    Section 106(b) of Pub. L. 101-147 provided that: ``Not later than 
July 1, 1990, the Secretary of Agriculture shall issue final regulations 
to implement section 17A of the [Richard B. Russell] National School 
Lunch Act [this section] (as added by subsection (a) of this section).''
