PUBLIC LAW 97-35—AUG. 13, 1981
95 STAT. 523
children not eligible for free or reduced-price meals, as appropriate, as prescribed in clause (B) of this paragraph. "(B) The national average payment for each free breakfast shall be 57 cents (as adjusted pursuant to section 11(a) of the National School Lunch Act), The national average payment for each reduced-price Ante, p. 522. breakfast shall be one-half of the national average payment for each free breakfast, adjusted to the nearest one-fourth cent, except that in no case shall the difference between the amount of the national average payment for a free breaWast and the national average payment for a reduced-price breakfast exceed 30 cents. The national average payment for each breakfast served to a child not eligible for free or reduced-price meals shall be 8.25 cents (as adjusted pursuant to section 11(a) of the National School Lunch Act). "(C) No school which receives breakfast assistance pa5mients under this section may charge a price of more than 30 cents for a reducedprice breakfast. "(D) No breakfast assistance payment may be made under this subsection for any breakfast served by a school unless such breakfast consists of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under subsection (e) of this section.". (2) Section 4(b)(2) of the Child Nutrition Act of 1966 is amended— Ante, p. 522. (A) in clause (B)(ii)— (i) by striking out "on a semiannual basis each July 1 and January 1" and inserting in lieu thereof "on an annual basis each July 1"; and (ii) by striking out "six-month" and inserting in lieu thereof "twelve-month"; and (B) in clause (C), by striking out "five" and inserting in lieu thereof "thirty". (3)(A) Section 4(d) of the Child Nutrition Act of 1966 is amended to 42 USC 1773. read as follows: "(d)(1) Each State educational agency shall provide additional assistance to schools in severe need, which shall include only— "(A) those schools in which the service of breakfasts is required pursuant to State law; and "(B) those schools (having a breakfast program or desiring to initiate a breakfast program) in which, during the most recent second preceding school year for which lunches were served, 40 percent or more of the lunches served to students at the school were served free or at a reduced-price, and in which the rate per meal established by the Secretary is insufficient to cover the costs of the breakfast program. The provision of eligibility specified in clause (A) of this paragraph shall terminate effective July 1, 1983, for schools in States where the State legislatures meet annually and shall terminate effective July 1, 1984, for schools in States where the State legislatures meet biennially. "(2) A school, upon the submission of appropriate documentation about the need circumstances in that school and the school's eligibility for additional assistance, shall be entitled to receive 100 percent of the operating costs of the breakfast program, including the costs of obtaining, preparing, and serving food, or the meal reimbursement rate specified in paragraph (2) of section 4(b) of this Act, whichever is less.".
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