(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 Act [42 USC 1751 et seq.] and the school breakfast program established under the Child Nutrition Act of 1966 (42 USC 1771 et seq.).
(b) Total amount for each fiscal year. The total amount of funds available for a fiscal 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 Act [42 USC 1751 et seq.] during the second preceding fiscal year in schools, institutions, and service institutions 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 fiscal 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 Secretary, based on the ratio that--
(i) the number of lunches reimbursed through food service programs under this Act [42 USC 1751 et seq.] in schools, institutions, and service institutions in the State that participate in the food service programs; bears to
(ii) the number of lunches reimbursed through the food service programs in schools, institutions, and service institutions 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 determined by the Secretary, to the extent necessary 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 dissemination 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 determined by the Secretary), a higher percentage (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 institutions 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 13 [42 USC 1761], the State agency may--
(A) retain a portion of the funds made available under subsection (c) (as determined by the Secretary); and
(B) use the funds, in connection with the program, to disseminate and use nutrition messages and material developed by the Secretary.
(e) Documentation. A State agency, school food authority, and institution receiving funds under this section shall maintain documentation of nutrition promotion 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 30, 2004, P.L. 108-265.)