42 U.S.C. § 1757 — State disbursement to schools

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- Page 4895 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1758 ance, determines are eligible to participate in the school lunch program. (b) Permanent, amendable agreements The agreements described in subsection (a) shall be permanent agreements that may be amended as necessary. (c) Suspension or termination of agreements The State educational agency may suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary. (d) Use of funds Use of funds paid to States may include, in ad- dition to the purchase price of agricultural com- modities and other foods, the cost of processing, distributing, transporting, storing or handling thereof. (e) Limitation In no event shall such disbursement for food to any school for any fiscal year exceed an amount determined by multiplying the number of lunches served in the school in the school lunch program under this chapter during such year by the maximum per meal reimbursement rate for the State, for the type of lunch served, as pre- scribed by the Secretary. (f) Increase in meal reimbursement In any fiscal year in which the national aver- age payment per lunch determined under section 1753 of this title is increased above the amount prescribed in the previous fiscal year, the max- imum per meal reimbursement rate, for the type of lunch served, shall be increased by a like amount. (g) In advance or as reimbursement Lunch assistance disbursements to schools under this section and under section 1759a of this title may be made in advance or by way of reimbursement in accordance with procedures prescribed by the Secretary. (June 4, 1946, ch. 281, § 8, 60 Stat. 232; Pub. L. 92–433, § 8, Sept. 26, 1972, 86 Stat. 729; Pub. L. 93–150, § 2(b), Nov. 7, 1973, 87 Stat. 560; Pub. L. 95–166, § 3, Nov. 10, 1977, 91 Stat. 1332; Pub. L. 95–627, § 10(d)(1), Nov. 10, 1978, 92 Stat. 3624; Pub. L. 97–35, title VIII, § 819(d), Aug. 13, 1981, 95 Stat. 533; Pub. L. 101–147, title II, § 201, title III, §§ 304, 312(1), Nov. 10, 1989, 103 Stat. 908, 914, 916; Pub. L. 104–193, title VII, § 701(a), Aug. 22, 1996, 110 Stat. 2287.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–193 designated first and second sen- tences as subsecs. (a) and (b), respectively, substituted ‘‘in subsection (a)’’ for ‘‘in the preceding sentence’’ in subsec. (b), designated third sentence as subsec. (c) and substituted ‘‘The State educational agency may’’ for ‘‘Nothing in the preceding sentence shall be construed to limit the ability of the State educational agency to’’, struck out fourth and fifth sentences, designated sixth sentence as subsec. (d) and substituted ‘‘Use of funds paid to States’’ for ‘‘Such food costs’’, and des- ignated seventh to ninth sentences as subsecs. (e) to (g), respectively. Prior to amendment, fourth and fifth sentences read as follows: ‘‘Such disbursement to any school shall be made only for the purpose of assisting it to obtain agricultural commodities and other foods for consumption by children in the school lunch pro- gram. The terms ‘child’ and ‘children’ as used in this chapter shall be deemed to include individuals regard- less of age who are determined by the State edu- cational agency, in accordance with regulations pre- scribed by the Secretary, to have 1 or more mental or physical handicaps and who are attending any child care institution as defined in section 1766 of this title or any nonresidential public or nonprofit private school of high school grade or under for the purpose of partici- pating in a school program established for individuals with mental or physical handicaps: Provided, That no institution that is not otherwise eligible to participate in the program under section 1766 of this title shall be deemed so eligible because of this sentence.’’ 1989—Pub. L. 101–147, § 312(1), substituted ‘‘school lunch’’ for ‘‘school-lunch’’ in three places. Pub. L. 101–147, § 304, which directed the amendment of subsec. (d) by substituting ‘‘individuals’’ for ‘‘per- sons’’, ‘‘to have 1 or more mental or physical handi- caps’’ for ‘‘to be mentally or physically handicapped’’, and ‘‘for individuals with mental or physical handi- caps’’ for ‘‘for mentally or physically handicapped’’, was executed by making the substitutions in the undes- ignated text before the proviso as the probable intent of Congress because the section contains no subsection designations. Pub. L. 101–147, § 201, inserted after first sentence ‘‘The agreements described in the preceding sentence shall be permanent agreements that may be amended as necessary. Nothing in the preceding sentence shall be construed to limit the ability of the State edu- cational agency to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary.’’ 1981—Pub. L. 97–35 substituted references to per meal reimbursement rate, for references to Federal food-cost contribution rate wherever appearing, and struck out reference to section 1754 of this title, and food service equipment assistance. 1978—Pub. L. 95–627 inserted provision relating to def- inition of ‘‘child’’ and ‘‘children’’. 1977—Pub. L. 95–166 substituted ‘‘food service equip- ment assistance’’ for ‘‘nonfood assistance’’. 1973—Pub. L. 93–150 provided that in any fiscal year in which the national average payment per lunch deter- mined under section 1753 of this title is increased above the amount prescribed in the previous fiscal year, the maximum Federal food-cost contribution rate, for the type of lunch served, shall be increased by a like amount. 1972—Pub. L. 92–433 substituted provision that dis- bursement to schools be made for the purpose of assist- ing them to finance the costs of agricultural commod- ities, for provision that such disbursement be made for the purpose of reimbursing them for such costs and in- serted provision that lunch assistance disbursements to schools under this section and section 1759a of this title may be made in advance or by way of reimbursement according to procedure prescribed by the Secretary. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 820(a)(4) of Pub. L. 97–35, set out as a note under section 1753 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–627 effective Oct. 1, 1978, see section 14 of Pub. L. 95–627, set out as a note under section 1755 of this title. § 1758. Program requirements (a) Nutritional requirements (1)(A) Lunches served by schools participating in the school lunch program under this chapter shall meet minimum nutritional requirements