§9859c — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must set aside up to 0.5% of each year’s appropriation to give to Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands based on their needs. From the rest of the money, each State gets an amount made of two parts. Half of the remaining money is split based on each State’s share of children under age 5, and the other half is split based on each State’s share of children getting free or reduced-price school lunches. Both parts are weighted by each State’s “allotment percentage.” The “young child factor” is a State’s share of under‑5 children in the nation using the latest Census estimates. The “school lunch factor” is a State’s share of students in free or reduced-price lunch using annual USDA data. The allotment percentage equals U.S. per capita income divided by the State’s per capita income, but it cannot be more than 1.2 or less than 0.8. That percentage is set every two years, used for the next two years starting October 1, and is based on the average of the latest three years of Commerce Department data. The Secretary must get needed data from the right federal agencies. “State” covers the 50 States, the District of Columbia, and Puerto Rico.

Title 42, §9859c

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary shall reserve not more than one-half of 1 percent of the amount appropriated under section 9859a of this title for each fiscal year to make allotments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands to be allotted in accordance with their respective needs.

(b)(1)From the amounts appropriated under section 9859a of this title for each fiscal year and remaining after reservations are made under subsection (a), the Secretary shall allot to each State an amount equal to the sum of—

(A)an amount that bears the same ratio to 50 percent of such remainder as the product of the young child factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States; and

(B)an amount that bears the same ratio to 50 percent of such remainder as the product of the school lunch factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States.

(2)In this subsection, the term “young child factor” means the ratio of the number of children under 5 years of age in a State to the number of such children in all States, as provided by the most recent annual estimates of population in the States by the Census Bureau of the Department of Commerce.

(3)In this subsection, the term “school lunch factor” means the ratio of the number of children who are receiving free or reduced price lunches under the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.) in the State to the number of such children in all States, as determined annually by the Department of Agriculture.

(4)(A)For purposes of this subsection, the allotment percentage for a State shall be determined by dividing the per capita income of all individuals in the United States, by the per capita income of all individuals in the State.

(B)If an allotment percentage determined under subparagraph (A) for a State—

(i)is more than 1.2 percent, the allotment percentage of the State shall be considered to be 1.2 percent; and

(ii)is less than 0.8 percent, the allotment percentage of the State shall be considered to be 0.8 percent.

(C)For purposes of subparagraph (A), per capita income shall be—

(i)determined at 2-year intervals;

(ii)applied for the 2-year period beginning on October 1 of the first fiscal year beginning after the date such determination is made; and

(iii)equal to the average of the annual per capita incomes for the most recent period of 3 consecutive years for which satisfactory data are available from the Department of Commerce on the date such determination is made.

(c)The Secretary shall obtain from each appropriate Federal agency, the most recent data and information necessary to determine the allotments provided for in subsection (b).

(d)In this section, the term “State” includes only the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National School Lunch Act, referred to in subsec. (b)(3), probably means the Richard B. Russell National School Lunch Act, act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1751 of this title and Tables.

§9859c Amounts reserved; allotments