42 U.S.C. § 9859c: Amounts reserved; allotments

Summary

The Secretary must set aside no more than one-half of 1 percent of the yearly amount from the fund to give to Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands, based on their needs. After that reserve, the remaining money is split among the States so each State’s share comes from two equal parts of what is left. One part is shared by how many children under age 5 a State has compared with all States (young child factor) and the other part is shared by how many children in the State get free or reduced-price school lunches compared with all States (school lunch factor). Each of those parts is adjusted by an allotment percentage, which is the U.S. per capita income divided by the State’s per capita income. That percentage is limited to no more than 1.2 and no less than 0.8. Per capita income is calculated every two years, used for the next two fiscal years, and is the average of the most recent three years of Commerce data available. The Secretary must get the needed population and school lunch data from the right federal agencies. “State” means the 50 States, the District of Columbia, and Puerto Rico.

Title 42, §9859c

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

(a)Amounts reserved

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)State allotments

(1)General rule

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)

(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)Young child factor (3) School lunch factor (4) Allotment percentage

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.

(c)Data and information

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)Definition

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