42 U.S.C. § 1756 — Payments to States

Page 4893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1756 1 So in original. Probably should be ‘‘Representatives’’. date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. Section effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as an Effective Date of 2008 Amend- ment note under section 1161 of Title 2, The Congress. DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ means the Secretary of Agriculture, see section 8701 of Title 7, Agriculture. § 1755b. Pulse crop products (a) Purpose The purpose of this section is to encourage greater awareness and interest in the number and variety of pulse crop products available to schoolchildren, as recommended by the most re- cent Dietary Guidelines for Americans published under section 5341 of title 7. (b) Definitions In this section: (1) Eligible pulse crop The term ‘‘eligible pulse crop’’ means dry beans, dry peas, lentils, and chickpeas. (2) Pulse crop product The term ‘‘pulse crop product’’ means a food product derived in whole or in part from an el- igible pulse crop. (c) Purchase of pulse crops and pulse crop prod- ucts In addition to the commodities delivered under section 6 of the Richard B. Russell Na- tional School Lunch Act (42 U.S.C. 1755), subject to the availability of appropriations, the Sec- retary shall purchase eligible pulse crops and pulse crop products for use in— (1) the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (2) the school breakfast program established by section 1773 of this title. (d) Evaluation Not later than September 30, 2016, the Sec- retary shall conduct an evaluation of the activi- ties conducted under subsection (c), including— (1) an evaluation of whether children partici- pating in the school lunch and breakfast pro- grams described in subsection (c) increased overall consumption of eligible pulse crops as a result of the activities; (2) an evaluation of which eligible pulse crops and pulse crop products are most accept- able for use in the school lunch and breakfast programs; (3) any recommendations of the Secretary regarding the integration of the use of pulse crop products in carrying out the school lunch and breakfast programs; (4) an evaluation of any change in the nutri- ent composition in the school lunch and breakfast programs due to the activities; and (5) an evaluation of any other outcomes de- termined to be appropriate by the Secretary. (e) Report As soon as practicable after the completion of the evaluation under subsection (d), the Sec- retary shall submit to the Committee on Agri- culture, Nutrition, and Forestry of the Senate and the Committee on Education and the Work- force of the House of Representative 1 a report describing the results of the evaluation. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended. (Pub. L. 113–79, title IV, § 4213, Feb. 7, 2014, 128 Stat. 830.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsec. (c)(1), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables. CODIFICATION Section was enacted as part of the Agricultural Act of 2014, and not as part of the Richard B. Russell Na- tional School Lunch Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ means the Secretary of Agriculture, see section 9001 of Title 7, Agriculture. § 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 disburse- ment by State educational agencies in accord- ance 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 agricul- tural commodities and other foods for consump- tion 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 reve- nues expended for salaries and administrative expenses of the program at the State level) is not less than 30 percent of the funds made avail- able 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 in- come of a State is less than the average per cap- ita income of all the States, the amount re- quired to be expended by a State under para- graph (1) for such year shall be an amount bear- ing 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 Page 4894 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1757 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) shall, to the extent the State deems practicable, be dis- bursed to schools participating in the school lunch program under this chapter. No State in which the State educational agency is prohib- ited 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). (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 Sec- retary, the amounts so certified. (d) Combined Federal and State commodity pur- chases 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 pay- able 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, § 7, 60 Stat. 232; Pub. L. 91–248, § 4, May 14, 1970, 84 Stat. 209; Pub. L. 92–433, § 10, Sept. 26, 1972, 86 Stat. 731; Pub. L. 94–105, § 5, Oct. 7, 1975, 89 Stat. 511; Pub. L. 95–166, § 19(b), Nov. 10, 1977, 91 Stat. 1345; Pub. L. 97–35, title VIII, § 804, Aug. 13, 1981, 95 Stat. 526; Pub. L. 101–147, title III, § 303, Nov. 10, 1989, 103 Stat. 913; Pub. L. 103–448, title I, § 104, Nov. 2, 1994, 108 Stat. 4701.) Editorial Notes AMENDMENTS 1994—Subsec. (d). Pub. L. 103–448 added subsec. (d). 1989—Pub. L. 101–147, § 303(a), inserted ‘‘Payments to States’’ as section catchline. Subsec. (a)(2). Pub. L. 101–147, § 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 re- lating 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, sub- stituted 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 pro- gram) appropriated or used specifically for program purposes (other than salaries and administrative ex- penses at the State, as distinguished from local, level) shall constitute at least 8 percent of the matching re- quirement for the preceding school year, or, at the dis- cretion of the Secretary, fiscal year, and for each school year thereafter, at least 10 percent of the match- ing requirement for the preceding school year’’ for ‘‘For the fiscal year beginning July 1, 1971, and the fis- cal 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 re- quirement 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 cen- tum of the matching requirement for the preceding fis- cal 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 in- applicability not affect the level of State matching re- quired 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 appor- tioned under this chapter, required that amounts de- rived 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 rev- enue 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 appor- tioned 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. Statutory Notes and Related Subsidiaries 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 Pub. L. 95–166, § 19, Nov. 10, 1977, 91 Stat. 1345, pro- vided that the amendment made by that section is ef- fective July 1, 1977. § 1757. State disbursement to schools (a) Disbursement by State educational agency Funds paid to any State during any fiscal year pursuant to section 1753 of this title shall be dis- bursed by the State educational agency, in ac- cordance with such agreements approved by the Secretary, as may be entered into by such State agency and the schools in the State, to those schools in the State which the State educational agency, taking into account need and attend-