118 STAT. 730 PUBLIC LAW 108–265—JUNE 30, 2004 Sec. 204. Local wellness policy. Sec. 205. Team nutrition network. Sec. 206. Review of best practices in the breakfast program. TITLE III—COMMODITY DISTRIBUTION PROGRAMS Sec. 301. Commodity distribution programs. TITLE IV—MISCELLANEOUS Sec. 401. Sense of Congress regarding efforts to prevent and reduce childhood obe sity. TITLE V—IMPLEMENTATION Sec. 501. Guidance and regulations. Sec. 502. Effective dates. TITLE I—AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT SEC. 101. NUTRITION PROMOTION. The Richard B. Russell National School Lunch Act is amended by inserting after section 4 (42 U.S.C. 1753) the following: ‘‘SEC. 5. NUTRITION PROMOTION. ‘‘(a) IN GENERAL.—Subject to the availability of funds made available under subsection (g), the Secretary shall make payments to State agencies for each fiscal year, in accordance with this section, to promote nutrition in food service programs under this Act and the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ‘‘(b) TOTAL AMOUNT FOR EACH FISCAL YEAR.—The total amount of funds available for a fiscal year for payments under this section shall equal not more than the product obtained by multiplying— ‘‘(1) 1 2 cent; by ‘‘(2) the number of lunches reimbursed through food service programs under this Act during the second preceding fiscal year in schools, institutions, and service institutions that participate in the food service programs. ‘‘(c) PAYMENTS TO STATES.— ‘‘(1) ALLOCATION.—Subject to paragraph (2), from the amount of funds available under subsection (g) for a fiscal year, the Secretary shall allocate to each State agency an amount equal to the greater of— ‘‘(A) a uniform base amount established by the Sec retary; or ‘‘(B) an amount determined by the Secretary, based on the ratio that— ‘‘(i) the number of lunches reimbursed through food service programs under this Act in schools, institu tions, and service institutions in the State that partici pate in the food service programs; bears to ‘‘(ii) the number of lunches reimbursed through the food service programs in schools, institutions, and service institutions in all States that participate in the food service programs. ‘‘(2) REDUCTIONS.—The Secretary shall reduce allocations to State agencies qualifying for an allocation under paragraph (1)(B), in a manner determined by the Secretary, to the extent 42 USC 1754.
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