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Legal Resources | United States Code, Title 42 |  T42  1753, 01753  

Availability of appropriations; food assistance payments   

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(a) The sums appropriated for any fiscal year pursuant to the authorizations contained in section 3 of this Act [42 USC 1752] shall be available to the Secretary for supplying agricultural commodities and other food for the program in accordance with the provisions of this Act.

(b)

(1) The Secretary shall make food assistance 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 minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act [42 USC 1758(a)]) served during such fiscal year in schools in such State which participate in the school lunch program under this Act under agreements with such State educational agency; by

(B) the national average lunch payment prescribed 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 11(a) of this Act [42 USC 1759a(a)]) except that for each lunch served in school food authorities in which 60 percent or more of the lunches served in the school lunch program during 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. Notwithstanding section 9(f) [42 USC 1758(f)], not later than 18 months after the date of enactment of this paragraph [enacted Dec. 13, 2010], the Secretary shall promulgate proposed regulations to update the meal patterns and nutrition standards for the school lunch program authorized under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 USC 1773) based on recommendations made by the Food and Nutrition Board of the National Research Council of the National 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 regulations.

(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 4 of the Child Nutrition Act of 1966 (42 USC 1773) 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 the date of enactment of this paragraph [enacted Dec. 13, 2010], and each 90 days thereafter until the Secretary has promulgated 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 regulations described in this subparagraph.

(B) Performance-based reimbursement rate increase. Beginning on the later of the date of promulgation of the implementing regulations described in subparagraph (A)(ii), the date of enactment of this paragraph [enacted Dec. 13, 2010], or October 1, 2012, the Secretary shall provide additional reimbursement for each lunch served in school food authorities determined to be eligible under subparagraph (D).

(C) Additional reimbursement.

(i) In general. Each lunch served in school food authorities determined to be eligible under subparagraph (D) shall receive an additional 6 cents, adjusted in accordance with section 11(a)(3) [42 USC 1759a(a)(3)], 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 eligible to receive additional reimbursement.

(D) Eligible school food authority. To be eligible to receive an additional reimbursement 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), the date of enactment of this paragraph [enacted Dec. 13, 2010], or October 1, 2012, school food authorities found to be out of compliance with the meal patterns or nutrition standards established by the implementing regulations shall not receive the additional reimbursement 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 available 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 program in a manner proportional to the administrative 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 regulations described in subparagraph (A)(ii) are promulgated or the fiscal year in which this paragraph is enacted, and in the subsequent fiscal year, the Secretary shall use not more than $ 50,000,000 of funds made available under section 3 [42 USC 1752] to make payments to States described in clause (i).

(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 activities to carry out this paragraph.

(As amended Dec. 13, 2010, P.L. 111-296)