42 U.S.C. § 1753 — Apportionments to States

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.