---
kind: "section"
citation: "42 U.S.C. § 1758a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1758a"
heading: "State performance on enrolling children receiving program benefits for free school meals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1758a"
units:
  - "Chapter 13 — School Lunch Programs"
---

# §1758a. State performance on enrolling children receiving program benefits for free school meals

- (a) **In general—** Not later than December 31, 2008 and June 30 of each year thereafter, the [Secretary](/usc/42/242q–4.md?p=2) shall submit to the Committees on Agriculture and Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that assesses the effectiveness of each [State](/usc/42/2021b.md?p=14) in enrolling school-aged children in households receiving program benefits under the Food and Nutrition Act of 2008 ([7 U.S.C. 2011](/usc/7/2011.md) et seq.) (referred to in this section as “program benefits”) for free school meals using direct certification.
- (b) **Specific measures—** The assessment of the [Secretary](/usc/42/242q–4.md?p=2) of the performance of each [State](/usc/42/2021b.md?p=14) shall include—
  - (1) an estimate of the number of school-aged children, by [State](/usc/42/2021b.md?p=14), who were members of a household receiving program benefits at any time in July, August, or September of the prior year;
  - (2) an estimate of the number of school-aged children, by [State](/usc/42/2021b.md?p=14), who were directly certified as eligible for free lunches under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](/usc/42/1751.md) et seq.), based on receipt of program benefits, as of October 1 of the prior year; and
  - (3) an estimate of the number of school-aged children, by [State](/usc/42/2021b.md?p=14), who were members of a household receiving program benefits at any time in July, August, or September of the prior year who were not candidates for direct certification because on October 1 of the prior year the children attended a school operating under the special assistance provisions of section 11(a)(1) of the Richard B. Russell National School Lunch Act ([42 U.S.C. 1759a(a)(1)](/usc/42/1759a.md?p=a-1)) that is not operating in a base year.
- (c) **Performance innovations—** The report of the [Secretary](/usc/42/242q–4.md?p=2) shall describe best [practices](/usc/42/17061.md?p=19) from [States](/usc/42/2021b.md?p=14) with the best performance or the most improved performance from the previous year.

## Source credit

(Pub. L. 110–234, title IV, § 4301, May 22, 2008, 122 Stat. 1125; Pub. L. 110–246, § 4(a), title IV, § 4301, June 18, 2008, 122 Stat. 1664, 1886.)

## Notes

### Editorial Notes

### References in Text

The Food and Nutrition Act of 2008, referred to in subsec. (a), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.

The Richard B. Russell National School Lunch Act, referred to in subsec. (b)(2), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables.

### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Richard B. Russell National School Lunch Act which comprises this chapter.

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

### Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.

Section effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as an Effective Date of 2008 Amendment note under section 1161 of Title 2, The Congress.

### Definition of “Secretary”

“Secretary” means the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.