the National School Lunch Act (42 U.S.C. 1751 et seq.), the summer food service program under section 13 of that Act (42 U.S.C. 1761), and the school breakfast program under section 4 of this Act, for the purpose of simplifying and coordinating those programs into a comprehensive meal program, and to submit a report containing the proposed changes to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Economic and Educational Opportunities of the House of Representatives not later than November 1, 1997. Section 742 of the Personal Responsibility and Work Opportunity Act of 1966 (Public Law 104-193; 8 U.S.C. 1615 note) provides that (1) an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school breakfast program under section 4 of this Act on the basis of citizenship, alienage, or immigration status; and (2) nothing in the Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien benefits under programs established under this Act (other than the school breakfast program). NATIONAL SCHOOL LUNCH ACT [As Amended Through P.L. 105-394, November 13, 1998] (References [] in brackets are to title 42, United States Code) TABLE OF CONTENTS1 1. Short title. 2. Declaration of policy. 3. Appropriations authorized. 8. State disbursement to schools. 9. Nutritional and other program requirements. 10. Disbursement to schools by the Secretary. 11. Special assistance. 12. Miscellaneous provisions and definitions. 13. Summer food service program for children. 14. Commodity distribution program. 16. Election to receive cash payments. 17. Child and adult care food program. 17A. Meal supplements for children in afterschool care. 18. Pilot projects. 20. Department of Defense overseas dependents' schools. 21. Training, technical assistance, and food service management institute. 22. Compliance and accountability. 25. Duties of the Secretary relating to nonprocurement debarment. 26. Information clearinghouse. 27. Accommodation of the special dietary needs of individuals with disabilities. General notes. [Chapter 281] AN ACT To provide assistance to the States in the establishment, maintenance, operation, and expansion of school lunch programs, and for other purposes. e it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [1751 note] That this Act may be cited as the "National School Lunch Act". 1-1 DECLARATION OF POLICY SEC. 2. [1751] It is hereby declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation's children and to encourage the domestic consumption of nutritious agricultural commodities and This table of contents in not part of the National school Lunch Act. It is included for the convenience of the user. Bracketed material and footnotes did not appear in Acts. - P.L. 79-396, 60 Stat. 230, June 4, 1946. Section 312 of P.L. 101-147, 103 Stat. 916, Nov. 10, 1989, amended the Act (1) by striking "school-lunch" each place it appears and inserting "school lunch"; (2) by striking "reduced-price" each place it appears and inserting "reduced price"; and (3) by striking "special-assistance" each place it appears and inserting "special assistance". The amendments made by such section 312 have been executed to the compilation but have not been noted beyond this note. other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs. APPROPRIATIONS AUTHORIZED SEC. 3. [1752] For each fiscal year there is hereby authorized to be appropriated, out of money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as the "Secretary”) to carry out the provisions of this Act, other than sections 13 and 17. 3-1 Appropriations to carry out the provisions of this Act and of the Child Nutrition Act of 1966 [(42 U.S.C. 1771 et seq.)] for any fiscal year are authorized to be made a year in advance of the beginning of the fiscal year in which the funds will become available for disbursement to the States. Notwithstanding any other provision of law, any funds appropriated to carry out the provisions of such Acts shall remain available for the purposes of the Act for which appropriated until expended. 3-2 APPORTIONMENTS TO STATES 4-1 SEC. 4.42 [1753] (a) The sums appropriated for any fiscal year pursuant to the authorizations contained in section 3 of this Act shall be available to the Secretary for supplying agricultural commodities and other food for the program in accordance with the provisions of this Act. 3-1 Amended by section 1 of P.L. 87-823, 76 Stat. 944, Oct. 15, 1962, to delete "beginning with the fiscal year ending June 30, 1947," following "fiscal year" and to add the phrase "other than section 11." Section 1 of P.L. 90-302, 82 Stat. 117, May 8, 1968, substituted "11 and 13" for "11". Section 7 of P.L. 93-326, 88 Stat. 287, June 30, 1974, substituted "13" for "11 and 13." Section 24 of P.L. 94–105, 89 Stat. 529, Oct. 7, 1975, substituted "13, 17, and 19" for "13". Section 371(a)(2) of P.L. 99-500, 100 Stat. 1783-368, Oct. 18, 1986, substituted "sections 13 and 17" for "sections 13, 17, and 19". Section 371(a)(2) of P.L. 99-591, 100 Stat. 3341-371, Oct. 30, 1986, and section 4501(a)(2) of P.L. 99–661, 100 Stat. 4080, Nov. 14, 1986, made the same substitution. Section 255(h) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(h)) exempts child nutrition from reductions under sequestration deficit reduction orders. The second sentence of the first section of the Act entitled "An Act to amend the National School Lunch Act to strengthen and expand food service programs for children, and for other purposes", approved May 8, 1968 (42 U.S.C. 1752 note), amended section 3 of the National School Lunch Act (42 U.S.C. 1752) and provided that appropriations shall be considered Health, Education, and Welfare functions for budget purposes rather than functions of Agriculture. 3-2 The final two sentences added by section 1(a) of P.L. 91-248, 84 Stat. 208, May 14, 1970. Section 17(g)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(1)), as authorized by this section, permits the advance appropriations of funds to carry out the special supplemental food program for women, infants, and children (WIC) program, and provides that the funds shall remain available until expended. 4Section heading for section 4 added by section 301 of P.L. 101-147, 103 Stat. 913, Nov. 10, 1989. 4-2 The original provisions for apportionment of funds among the States were amended by P.L. 82-518, 66 Stat. 591, July 12, 1952, to change apportionments to territories and possessions; by section 3 of P.L. 87-688, 76 Stat. 587, Sept. 25, 1962, to include American Samoa; and by section 2 of P.L. 87-823, 76 Stat. 944, Oct. 15, 1962, to change the apportionment factors, specify transitional formulas, and make several other changes. This section substantially amended by section 4(c) of P.L. 92-433, 86 Stat. 726, Sept. 26, 1972, effective July 1, 1973. Section 201(a) of P.L. 96-499, 94 Stat. 2599, Dec. 5, 1980, reduced for fiscal year 1981 the national average payment per lunch provided from general cash assistance funds, but section 820(b)(1) of P.L. 97-35, 95 Stat. 535, Aug. 31, 1981, effective September 1, 1981, repealed this change. Section 4 was again substantially amended by section 801(a) of P.L. 97-35, 95 Stat. 521, Aug. 13, 1981, effective September 1, 1981, which designated the first paragraph as subsection (a) and eliminated the reference to section 5 and language which authorized the Secretary to establish a national average payment factor for lunches "determined by the Secretary to be necessary to carry out the purposes of this Act". (b)+3(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) 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) 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. [FOOD SERVICE EQUIPMENT ASSISTANCE] [SEC. 5.5-1 Repealed] +3Section 801(a) of P.L. 97–35, 95 Stat. 521, Aug. 13, 1981, added subsection (b), which fixed the national average lunch payment at 10.5 cents (adjusted annually) and 2 cents per lunch more for schools which in the second preceding school year served 60 percent or more of the lunches in the program free or at a reduced price. 5-1 Section 5, which authorized the food service equipment assistance program, repealed by section 805 of P.L. 97-35, 95 Stat. 527, Aug. 13, 1981. 54-652-99-29 |