Page:United States Statutes at Large Volume 95.djvu/548

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PUBLIC LAW 97-000—MMMM. DD, 1981

95 STAT. 522

42 USC 1759a.

Ante, p. 521.

^"/Post, p. 528.

42 USC 1773.

PUBLIC LAW 97-35—AUG. 13, 1981 during such fiscal year in schools in such State which participate in the school lunch program under this Act under agreements with such State educational agency; by "(B) the national average lunch payment prescribed in paragraph (2) of this subsection. "(2) The national average lunch payment for each lunch served shall be 10.5 cents (as adjusted pursuant to section 11(a) of this Act) except that for each lunch served in school food authorities in which 60 percent or more of the lunches served in the school lunch program during the second preceding school year were served free or at a reduced-price, the national average lunch payment shall be 2 cents more.". (b) Section 11(a) of the National School Lunch Act is amended— (1) by inserting "(1)" after "SEC. 11. (a)"; (2) in the third sentence, by striking out "(1)" and inserting in lieu thereof "(A)" and by striking out "(2)" and inserting in lieu thereof "(B)"; and (8) by striking out the fifth sentence and all that follows through the end of the subsection and inserting in lieu thereof the following: "(2) The special-assistance factor prescribed by the Secretary for free lunches shall be 98.75 cents and the special-assistance factor for reduced-price lunches shall be 40 cents less than the specialassistance factor for free lunches. "(3)(A) The Secretary shall prescribe on July 1, 1982, and on each subsequent July 1, an annual adjustment in the following: "(i) The national average payment rates for lunches (as established Under section 4 of this Act). "(ii) The special assistance factor for lunches (as established under paragraph (2) of this subsection). "(iii) The national average payment rates for breakfasts (as established under section 4(b) of the Child Nutrition Act of 1966). "(iv) The national average payment rates for supplements (as established under section 17(c) of this Act). "(B) The annual adjustment under this paragraph shall reflect changes in the cost of operating meal programs under this Act and the Child Nutrition Act of 1966, as indicated by the change in the series for food away from home of the Consumer Price Index for all Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor. Each annual adjustment shall reflect the changes in the series for food away from home for the most recent 12-month period for which such data are available. The adjustments made under this paragraph shall be computed to the nearest onefourth cent.". (c)(1) Section 4(b)(1) of the Child Nutrition Act of 1966 is amended to read as follows: "(b)(l)(A) The Secretary shall make breakfast assistance payments to each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in an amount equal to the product obtained by multiplying— "(i) the number of breakfasts served during such fiscal year to children in schools in such States which participate in the school breakfast program under agreements with such State educational Eigency; by "(ii) the national average breakfast payment for free breakfasts, for reduced-price breakfasts, or for breakfasts served to