1 So in original. Probably should be “reduced price”.
lunch shall be made by the school, nor shall there be any overt identification of any such child by any means.
References in Text

The Child Nutrition Act of 1966, referred to in subsecs. (a)(1)(C)(i)(II), (E)(i)(II), (F)(ii)(I)(bb), (3)(B)(i), and (g)(2)(B)(i)(II), (C)(v)(I), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of this title. For complete classification of that Act to the Code, see Short Title note set out under section 1771 of this title and Tables.

Those Acts, referred to in subsec. (g)(2)(C)(v)(I) to (III), mean the Richard B. Russell National School Lunch Act, which was in the original “this Act” and was translated to read “this chapter”, and the Child Nutrition Act of 1966. See above.

Amendments

2010—Subsec. (a)(1)(B). Pub. L. 111–296, § 104(a)(2), substituted “(E), or (F)” for “or (E)”.

Subsec. (a)(1)(F). Pub. L. 111–296, § 104(a)(1), added subpar. (F).

Subsec. (a)(3)(B)(iii). Pub. L. 111–296, § 441(a)(2), struck out designations and headings of subcls. (I) and (II) and text of subcl. (I). Text of former subcl. (I) read as follows: “For the period ending June 30, 1999, the adjustments made under this paragraph shall be computed to the nearest one-fourth cent, except that adjustments to payment rates for meals and supplements served to individuals not determined to be eligible for free or reduced price meals and supplements shall be computed to the nearest lower cent increment and based on the unrounded amount for the preceding 12-month period.”

Subsec. (f). Pub. L. 111–296, § 441(a)(3), struck out subsec. (f) which related to information and assistance concerning reimbursement options.

Subsec. (g). Pub. L. 111–296, § 104(b), added subsec. (g).

2004—Subsec. (a)(1)(C) to (E). Pub. L. 108–265, § 113, inserted “or school district” after “school” wherever appearing other than as part of “school year”, “school years”, “school lunch”, “school breakfast”, and “4-school-year period”.

Subsec. (e). Pub. L. 108–265, § 104(d)(3), substituted “section 1758(b)(9)” for “section 1758(b)(3)”.

2001—Subsec. (f)(1)(E). Pub. L. 107–76, § 766(1), substituted “2003” for “2001”.

Subsec. (f)(2)(A). Pub. L. 107–76, § 766(2)(A), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “Not later than January 1, 2002, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition and Forestry of the Senate a report on the activities of the State agencies receiving grants under this subsection.”

Subsec. (f)(2)(B). Pub. L. 107–76, § 766(2)(B), substituted “reports” for “report” in introductory provisions.

1998—Subsec. (a)(1)(C)(i)(I). Pub. L. 105–336, § 103(a)(1)(A), substituted “4” for “3” before “successive school years” in two places.

Subsec. (a)(1)(C)(ii), (iii). Pub. L. 105–336, § 103(a)(1)(B), substituted “4-” for “3-” before “school-year period”.

Subsec. (a)(1)(D)(i). Pub. L. 105–336, § 103(a)(2)(A), substituted “4-” for “3-” before “school-year period” in two places and “4” for “2” before “school years”.

Subsec. (a)(1)(D)(ii). Pub. L. 105–336, § 103(a)(2)(B), struck out first sentence which read “A school described in clause (i) may reapply to the State at the end of the 2-school-year period described in clause (i) for the purpose of continuing to receive special assistance payments, as determined in accordance with this paragraph, for a subsequent 5-school-year period.”, substituted “A school described in clause (i)” for “The school”, and substituted “4-” for “5-” before “school-year period” wherever appearing.

Subsec. (a)(1)(D)(iii). Pub. L. 105–336, § 103(a)(2)(C), substituted “4-” for “5-” before “school-year period”.

Subsec. (a)(1)(E)(iii). Pub. L. 105–336, § 103(a)(3), struck out cl. (iii) which read as follows: “Not later than 1 year after November 2, 1994, the Secretary shall evaluate the effects of this subparagraph and notify the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the results of the evaluation.”

Subsec. (a)(3)(B). Pub. L. 105–336, § 103(b)(1), inserted subpar. heading, designated first two sentences as cls. (i) and (ii), respectively, and inserted headings, and designated last sentence as subcl. (I) of cl. (iii), inserted headings, substituted “For the period ending June 30, 1999, the adjustments” for “The adjustments”, and added subcl. (II).

Subsec. (f). Pub. L. 105–336, § 103(c)(1), added subsec. (f).

1996—Subsec. (a)(1)(D)(i). Pub. L. 104–193, § 704(a), struck out “, on November 2, 1994,” after “any school that”.

Subsec. (a)(3)(B). Pub. L. 104–193, § 704(b)(1), inserted before period at end “, except that adjustments to payment rates for meals and supplements served to individuals not determined to be eligible for free or reduced price meals and supplements shall be computed to the nearest lower cent increment and based on the unrounded amount for the preceding 12-month period”.

Subsec. (d). Pub. L. 104–193, § 704(c)(1), (3) redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this chapter, including those applicable to funds apportioned or paid pursuant to section 1753 of this title but excluding the provisions of section 1756 of this title relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section.”

Subsec. (e). Pub. L. 104–193, § 704(c)(3), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (e)(2). Pub. L. 104–193, § 704(c)(2), substituted “On request of the Secretary, the State educational agency” for “The State educational agency” and struck out “each month” after “report to the Secretary”.

Subsec. (f). Pub. L. 104–193, § 704(c)(3), redesignated subsec. (f) as (e).

1994—Subsec. (a)(1). Pub. L. 103–448 designated first sentence as subpar. (A) and second sentence as subpar. (B), substituted “Except as provided in subparagraph (C), (D), or (E), in the case of” for “In the case of” in subpar. (B), added subpars. (C) to (E), and struck out at end “In the case of any school that (A) elects to serve all children in that school free lunches under the school lunch program during any period of three successive school years and (B) pays, from sources other than Federal funds, for the costs of serving such lunches which are in excess of the value of assistance received under this chapter with respect to the number of lunches served during that period, special assistance payments shall be paid to the State educational agency with respect to that school during that period on the basis of the number of lunches determined under the succeeding sentence. For purposes of making special assistance payments in accordance with the preceding sentence, the number of lunches served by a school to children eligible for free lunches and reduced price lunches during each school year of the three-school-year period shall be deemed to be the number of lunches served by that school to children eligible for free lunches and reduced price lunches during the first school year of such period, unless that school elects, for purposes of computing the amount of such payments, to determine on a more frequent basis the number of children eligible for free and reduced price lunches who are served lunches during such period.”

1989—Subsecs. (a), (b). Pub. L. 101–147, § 312(2), (3), substituted “reduced price” for “reduced-price” and “special assistance” for “special-assistance” wherever appearing in pars. (1) and (2) of subsec. (a) and first sentence of subsec. (b).

Subsec. (e)(1). Pub. L. 101–147, § 203, substituted “The Secretary, when appropriate, may request each school participating in the school lunch program under this chapter to report monthly to the State educational agency” for “Each school participating in the school lunch program under this chapter shall report each month to its State educational agency”.

Subsec. (f). Pub. L. 101–147, § 312(2), (3), substituted “reduced price” for “reduced-price” and “special assistance” for “special-assistance”.

1981—Subsec. (a). Pub. L. 97–35, § 801(b), redesignated existing provisions as par. (1), substituted “(A)” for “(1)” and “(B)” for “(2)”, and struck out provisions relating to special assistance factors, adjustments, etc., for funds for the fiscal year beginning July 1, 1973, and after, and added pars. (2) and (3).

Subsec. (b). Pub. L. 97–35, § 819(a)(1), struck out “financing the cost of” before “providing free”.

Subsec. (d). Pub. L. 97–35, § 819(a)(2), struck out reference to section 1754 of this title.

Subsec. (e). Pub. L. 97–35, § 812, struck out par. (1) which related to submission of State plan for child nutrition operations. Former pars. (2) and (3) were redesignated as (1) and (2), respectively, and in such pars. as so redesignated, struck out requirement respecting estimation of eligible children by participating State.

Subsec. (f). Pub. L. 97–35, § 813(b), added subsec. (f).

1980—Subsec. (a). Pub. L. 96–499 struck out provision that if in any State all schools charged students a uniform price for reduced-price lunches, and such price was less than twenty cents, the special assistance factor prescribed for reduced-price lunches in such State was to be equal to the special assistance factor for free lunches reduced by either ten cents or the price charged for reduced-price lunches in such State, whichever was greater.

1978—Subsec. (a). Pub. L. 95–627 substituted “20 cents” for “10 cents” after “which shall be”, inserted “for All Urban Consumers” after “Consumer Price Index”, and inserted provision relating to the special assistance factor prescribed for reduced-price lunches in any State in which all schools charge students a uniform price for lunches.

1977—Subsec. (a). Pub. L. 95–166 provided for special-assistance payments to the State educational agency where 80 percent of children in attendance during the school year are eligible for free lunches or reduced-price lunches and for determination of number of lunches served to children eligible for free lunches and reduced-price lunches where the school serves all students, eligible and noneligible, and funds for noneligible students are from other than Federal funds.

1975—Subsec. (e)(1). Pub. L. 94–105 substituted “Each year by not later than a date specified by the Secretary” for “Not later than January 1 of each year”, and “following school year” for “following fiscal year”.

1973—Subsec. (a). Pub. L. 93–150 added subsec. (a) and struck out former subsec. (a) provisions relating to appropriations authorization for fiscal year ending June 30, 1971, and succeeding fiscal years of such sums as may be necessary to provide special assistance to assure access to the school lunch program under this chapter by children of low-income families.

Subsec. (b). Pub. L. 93–150 added subsec. (b) and struck out former subsec. (b) provisions relating to formula for apportionment of funds and need for additional funds.

Subsec. (c). Pub. L. 93–150 redesignated subsec. (d) as (c), substituted “Special assistance payments to any State” for “Payment of the funds apportioned to any State”, and struck out former subsec. (c) provisions relating to basis for apportionment among States and need for additional funds.

Subsec. (d). Pub. L. 93–150 redesignated subsec. (g) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 93–150 redesignated subsec. (h) as (e) struck out former subsec. (e) provisions relating to State disbursement to schools for financing operating costs of the school lunch program and basis for determination of amount of funds. Subject matter was covered by subsecs. (a) and (b) of this section.

Subsec. (f). Pub. L. 93–150 struck out subsec. (f) provisions relating to withholding of funds from State educational agencies not permitted to disburse funds to nonprofit private schools and direct disbursement to nonprofit private schools, and conditions thereof.

Subsecs. (g), (h). Pub. L. 93–150 redesignated subsecs. (g) and (h) as (d) and (e), respectively.

1971—Subsec. (e). Pub. L. 92–153 established a reimbursement rate as amount of funds to be disbursed to schools in a State, provided for receipt of a greater amount or reimbursement per meal if the school established financial inability to support service of meals, and prescribed maximum per meal amount and higher maximum per meal amount for especially needy schools.

1970—Subsec. (a). Pub. L. 91–248 authorized for fiscal year ending June 30, 1971, and for each succeeding fiscal year such sums as may be necessary to provide assistance to assure access to school lunch program by children of low-income families.

Subsec. (b). Pub. L. 91–248 substituted formula for apportionment of funds among Puerto Rico, the Virgin Islands, Guam, and American Samoa based on the ratio of the number of children aged three to seventeen, inclusive, in such State as compared to the total number of such children in all such States, for a ratio based on the number of free or reduced price lunches served in the preceding fiscal year in such State as compared to the number of such lunches served in all such States in the preceding fiscal year.

Subsec. (c). Pub. L. 91–248 struck out provision requiring that not less than 50 percent of the remaining sums appropriated be apportioned among the States other than Puerto Rico, the Virgin Islands, Guam, and American Samoa, substituted formula for apportionment of special assistance funds among the States based on the total number of children aged three to seventeen, inclusive, in households with incomes of less than $4,000 per annum, for a formula based on the number of free or reduced price lunches served in the preceding fiscal year and the assistance need rate, and provided that further apportionment be made on the same basis as the initial apportionment to any State which justifies the need for additional funds.

Subsec. (e). Pub. L. 91–248 substituted provision requiring that funds disbursed by the State be used to assist schools in financing all or part of the operating costs of the school lunch program, for requirement that disbursed funds be used to assist schools in the purchase of agricultural commodities and other foods, struck out provision relating to the selection of schools to receive funds, and substituted as a basis for determination of the amount of funds to go to each school the need of that school for assistance in meeting the requirements of section 1758 of this title, for such factors as economic condition of area from which school draws attendance, the percentages of free and reduced price lunches being served in such schools, the price of lunches in such schools compared with the average prevailing price of lunches served in the State under this chapter and the need of such schools for assistance as reflected by the financial position of the school’s lunch programs.

Subsec. (f). Pub. L. 91–248 substituted “in the fiscal year beginning two years immediately prior to the fiscal year for which the funds are appropriated” for “in the preceding fiscal year”.

Subsec. (h). Pub. L. 91–248 added subsec. (h).

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.

Effective Date of 2004 Amendment

Amendment by section 104(d)(3) of Pub. L. 108–265 effective July 1, 2005, and amendment by section 113 of Pub. L. 108–265 effective June 30, 2004, see section 502(a), (b)(4) of Pub. L. 108–265, as amended, set out as an Effective Date note under section 1754 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–336 effective Oct. 1, 1998, see section 401 of Pub. L. 105–336, set out as a note under section 1755 of this title.

Effective Date of 1996 Amendment

Pub. L. 104–193, title VII, § 704(b)(2), Aug. 22, 1996, 110 Stat. 2290, provided that:

“The amendment made by paragraph (1) [amending this section] shall become effective on July 1, 1997.”

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 section 801 of Pub. L. 97–35 effective Sept. 1, 1981, amendment by sections 812 and 819 of Pub. L. 97–35 effective Oct. 1, 1981, and amendment by section 813 of Pub. L. 97–35 effective 90 days after Aug. 13, 1981, see section 820(a)(1)(A), (4), (5) of Pub. L. 97–35, set out as a note under section 1753 of this title.

Effective Date of 1978 Amendment

Amendment by sections 4 and 5(c) of Pub. L. 95–627 effective Jan. 1, 1979, and July 1, 1979, respectively, see section 14 of Pub. L. 95–627, set out as a note under section 1755 of this title.

Semiannual Adjustments Reflecting the Consumer Price Index for All Urban Consumers During Fiscal Year Ending September 30, 1981

Pub. L. 96–499, title II, § 204(b), Dec. 5, 1980, 94 Stat. 2601, related to annual and semiannual adjustments required under the former sixth sentence of subsec. (a) of this section during the fiscal year ending Sept. 30, 1981.

Additional Funds for Food Service Programs for Children; Apportionment to States Special Assistance; Consultation With Child Nutrition Council; Reimbursement From Supplemental Appropriation

Additional funds for food service programs for children from appropriations under section 612(c) of Title 7, Agriculture, apportionment to States, special assistance programs, consultation with National Advisory Council on Child Nutrition, and reimbursement from supplemental appropriation, see section 1 of Pub. L. 92–153, set out as a note under section 1753 of this title.