42 U.S.C. § 1756

Payments to States

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(a) State revenue matching requirements; special provisions for lower than average income per capita States(1) Funds appropriated to carry out section 1753 of this title during any fiscal year shall be available for payment to the States for disbursement by State educational agencies in accordance with such agreements, not inconsistent with the provisions of this chapter, as may be entered into by the Secretary and such State educational agencies for the purpose of assisting schools within the States in obtaining agricultural commodities and other foods for consumption by children in furtherance of the school lunch program authorized under this chapter. For any school year, such payments shall be made to a State only if, during such school year, the amount of the State revenues (excluding State revenues derived from the operation of the program) appropriated or used specifically for program purposes (other than any State revenues expended for salaries and administrative expenses of the program at the State level) is not less than 30 percent of the funds made available to such State under section 1753 of this title for the school year beginning July 1, 1980.(2) If, for any school year, the per capita income of a State is less than the average per capita income of all the States, the amount required to be expended by a State under paragraph (1) for such year shall be an amount bearing the same ratio to the amount equal to 30 percent of the funds made available to such State under section 1753 of this title for the school year beginning July 1, 1980, as the per 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 disbursed to schools participating in the school lunch program under this chapter. No State in which the State educational agency is prohibited 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).

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 Secretary, the amounts so certified.

(d) Combined Federal and State commodity purchases

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 payable 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 NotesAmendments

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 relating 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, substituted 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 program) appropriated or used specifically for program purposes (other than salaries and administrative expenses at the State, as distinguished from local, level) shall constitute at least 8 percent of the matching requirement for the preceding school year, or, at the discretion of the Secretary, fiscal year, and for each school year thereafter, at least 10 percent of the matching requirement for the preceding school year” for “For the fiscal year beginning July 1, 1971, and the fiscal 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 requirement 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 centum of the matching requirement for the preceding fiscal 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 inapplicability not affect the level of State matching required 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 apportioned under this chapter, required that amounts derived 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 revenue 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 apportioned 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 SubsidiariesEffective 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, provided that the amendment made by that section is effective July 1, 1977.

Notes of Decisions

Cited in 9 cases, 1969–2003 · leading case: Durant v. State of Michigan, 566 N.W.2d 272 (Mich. 1997).

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Durant v. State of Michigan, 566 N.W.2d 272 (Mich. 1997). “" This payment can be traced back to § 7 of the National School Lunch Act, 42 U.S.C. § 1756 , which conditions federal grants to a state on that state supporting the program with a match equal to at least thirty percent of the prior year's federal grant to that state.”

Briggs v. Kerrigan, 307 F. Supp. 295 (D. Mass. 1969). · cites it 2× “42 U.S.C. § 1756 , 7 C.F.R. § 210.6 (a). Thus under both the apportionment section (§ 1753) and this matching section (§ 1756) the assistance need rate comes in to provide *297 the poorer states greater proportional assistance than the wealthier states.”

Marquez v. Hardin, 339 F. Supp. 1364 (N.D. Cal. 1969). · cites it 2× “” 42 U.S.C. § 1756 . Further provision is made for decreasing the State’s matching funds if a State’s per capita income is below the per capita income of the United States.”

Creekmore v. Attorney Gen. of Texas, 116 F. Supp. 2d 767 (E.D. Tex. 2000). “See 42 U.S.C. § 1756 (a)(1). The purpose of the grant is to: assist States and units of local government in carrying out specific programs which offer a high probability of improving the functioning of the criminal justice system, with special emphasis on a nationwide and…”

Sargent v. Block, 576 F. Supp. 882 (D.D.C. 1983). “In order to participate States enter into written agreements, through their education agencies, with the Department of Agriculture whereby they undertake to administer the program in accordance with provisions of the Act, 42 U.S.C. § 1756 (Complaint, ¶ 35). 2 . While defendants…”

Davis v. Robinson, 346 F. Supp. 847 (D.R.I. 1972). “42 U.S.C.A. § 1756 (1970). See generally, Note, The National School Lunch Program, 1970: Mandate to Feed the Children, 60 Geo.”

Just. v. Bd. of Educ., 351 F. Supp. 1252 (S.D.N.Y. 1972). “42 U.S.C. § 1756 (1970). 20 . There are intimations that Department of Agriculture officials have not read their agency’s regulations to mean what they appear plainly to say.”

Shaw's Supermarkets, Inc. v. United Food & Com. Workers Union, Local 791, 268 F. Supp. 2d 115 (D.R.I. 2003). “any funds, assets or property provided under § 7 of the Child Nutrition Act of 1986, 42 U.S.C. § 1756 ... whether received directly or indirectly from the United States department of agriculture or the Rhode Island department of health .”

Doris M. Tucker v. Clifford M. Hardin, Sec'y, U.S. Dep't of Agric., 430 F.2d 737 (1st Cir. 1970). “) ; National School Lunch Program, 42 U.S. C. § 1756 (1969). 6 . The statute appropriates an annual amount for the fund equal to 30% of the gross customs receipts.”

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