US (United States) Code. Title 42. Chapter 13A. Child nutrition

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 13A - CHILD NUTRITION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

CHAPTER 13A - CHILD NUTRITION

-MISC1-

Sec.

1771. Congressional declaration of purpose.

1772. Special program to encourage the consumption of fluid

milk by children; authorization of appropriations;

eligibility for special milk program; minimum rate of

reimbursement; ineligibility of commodity only

schools.

1773. School breakfast program.

(a) Establishment; authorization of appropriations.

(b) Breakfast assistance payments to State

educational agencies; calculation; national

average payments for breakfasts, free

breakfasts and reduced price breakfasts;

maximum price for reduced cost breakfasts;

minimum daily nutrition requirements criteria;

additional payments for severe need schools;

maximum severe need payments.

(c) Disbursement of apportioned funds by State;

preference for schools in poor economic areas,

for students traveling long distances daily,

and for schools for improvement of nutrition

and dietary practices of children of working

mothers and from low-income families.

(d) Severe need assistance; eligibility standards;

receipt of lesser of operating costs of

breakfast program or meal reimbursement rate.

(e) Nutritional requirements; service free or at

reduced price; compliance assistance.

1774. Disbursement directly to schools or institutions.

1775. Certification to Secretary of the Treasury of amounts

to be paid to States.

1776. State administrative expenses.

(a) Amount available; formula for computation of

payment; improved program integrity and meal

quality; use for costs of administration of

programs for which allocation made; retention

of funds by Secretary.

(b) Funds, usage: compensation, benefits, and

travel expenses of personnel; support

services; office equipment; staff development.

(c) Fund adjustment; State administered programs.

(d) Unused funds; availability for obligation and

expenditure, and reallocation to other States.

(e) State plan; use of funds.

(f) State funding requirement.

(g) Authorization of appropriations.

1776a, 1776b. Omitted.

1777. Use in school breakfast program of food designated as

being in abundance or food donated by the Secretary

of Agriculture.

1778. Nonprofit programs.

1779. Rules and regulations.

(a) Authority of Secretary.

(b) Sale of competitive foods.

(c) Transfer of funds; reserve for special

projects.

1780. Prohibition against interference with school

personnel, curriculum, or instruction; prohibition

against inclusion of assistance in determining income

or resources for purposes of taxation, welfare, or

public assistance programs.

1781. Preschool programs.

1782. Centralization in Department of Agriculture of

administration of food service programs for children.

1783. Appropriations for administrative expense.

1784. Definitions.

1785. Accounts and records; availability for inspection;

authority to settle, adjust, or waive claims.

1786. Special supplemental nutrition program for women,

infants, and children.

(a) Congressional findings and declaration of

purpose.

(b) Definitions.

(c) Grants-in-aid; cash grants; ratable reduction

of amount an agency may distribute;

affirmative action; regulations relating to

dual receipt of benefits under commodity

supplemental food program.

(d) Eligible participants.

(e) Nutrition education and drug abuse education.

(f) Plan of operation and administration by State

agency.

(g) Authorization of appropriations; allocation of

funds; estimate of families having income

below limit for participation.

(h) Funds for nutrition services and

administration.

(i) Division of funds formula; reallocation of

unspent funds; use of State allocation to buy

supplemental foods; use of amounts available

for succeeding fiscal year.

(j) Initiative to provide program services at

community and migrant health centers.

(k) National Advisory Council on Maternal, Infant,

and Fetal Nutrition; establishment;

membership; term; officers; meetings; quorum;

technical assistance by Secretary.

(l) Donation of foods by Secretary.

(m) Women, infants, and children farmers' market

nutrition program; establishment, grants, etc.

(n) Disqualification of vendors who are

disqualified under food stamp program.

(o) Disqualification of vendors convicted of

trafficking or illegal sales.

(p) Criminal forfeiture.

(q) Provision of technical assistance to Secretary

of Defense.

(r) Demonstration project relating to use of the

WIC program for identification and enrollment

of children in certain health programs.

1787. Repealed.

1788. Nutrition education and training.

(a) Congressional findings.

(b) Statement of purpose.

(c) "Nutrition education and training program"

defined.

(d) Nutrition education and training; grants;

coordination with other nutrition activities;

coordination with Department of Health and

Human Services: transfer of funds; State

contracts: nutrition training grants and pilot

projects.

(e) Agreements with State agencies; regulations.

(f) Use of funds; planning and assessment grants;

administrative expenses.

(g) Accounts, records, and reports; inspection,

audit, and preservation.

(h) State coordinators for nutrition; duties;

budget and need assessment.

(i) Authorization of appropriations.

1789. Department of Defense overseas dependents' schools.

(a) Purpose of program; availability of payments

and commodities.

(b) Administration of program; eligibility

determinations and regulations.

(c) Nutritional standards for meals; noncompliance

with standards.

(d) Authorization of appropriations.

(e) Technical assistance for administration of

program.

1790. Breastfeeding promotion program.

(a) In general.

(b) Conduct of program.

(c) Cooperative agreements.

(d) Gifts, bequests, and devises.

1791. Bill Emerson Good Samaritan Food Donation Act.

(a) Short title.

(b) Definitions.

(c) Liability for damages from donated food and

grocery products.

(d) Collection or gleaning of donations.

(e) Partial compliance.

(f) Construction.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1752, 1755, 1758, 1759a,

1760, 1761, 1762a, 1765, 1766, 1766a, 1769, 1769h, 1776a, 1776b of

this title; title 7 sections 2018, 4004; title 8 sections 1255a,

1613, 1615, 1632; title 20 sections 6082, 7182.

-End-

-CITE-

42 USC Sec. 1771 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1771. Congressional declaration of purpose

-STATUTE-

In recognition of the demonstrated relationship between food and

good nutrition and the capacity of children to develop and learn,

based on the years of cumulative successful experience under the

national school lunch program with its significant contributions in

the field of applied nutrition research, it is hereby declared to

be the policy of Congress that these efforts shall be extended,

expanded, and strengthened under the authority of the Secretary of

Agriculture as a measure to safeguard the health and well-being of

the Nation's children, and to encourage the domestic consumption of

agricultural and other foods, by assisting States, through

grants-in-aid and other means, to meet more effectively the

nutritional needs of our children.

-SOURCE-

(Pub. L. 89-642, Sec. 2, Oct. 11, 1966, 80 Stat. 885.)

-MISC1-

SHORT TITLE OF 1992 AMENDMENTS

Pub. L. 102-512, Sec. 1, Oct. 24, 1992, 106 Stat. 3363, provided

that: "This Act [amending sections 1769, 1776, and 1786 of this

title and enacting provisions set out as notes under this section

and sections 1769 and 1786 of this title] may be cited as the

'Children's Nutrition Assistance Act of 1992'."

Pub. L. 102-512, title I, Sec. 101, Oct. 24, 1992, 106 Stat.

3363, provided that: "This title [amending sections 1769 and 1776

of this title and enacting provisions set out as a note under

section 1769 of this title] may be cited as the 'Homeless

Children's Assistance Act of 1992'."

Pub. L. 102-512, title II, Sec. 201, Oct. 24, 1992, 106 Stat.

3364, provided that: "This title [amending section 1786 of this

title and enacting provisions set out as notes under section 1786

of this title] may be cited as the 'WIC Infant Formula Procurement

Act of 1992'."

Pub. L. 102-314, Sec. 1, July 2, 1992, 106 Stat. 280, provided

that: "This Act [amending section 1786 of this title and enacting

provisions set out as notes under section 1786 of this title] may

be cited as the 'WIC Farmers' Market Nutrition Act of 1992'."

SHORT TITLE

Section 1 of Pub. L. 89-642 provided: "That this Act [enacting

this chapter] may be cited as the 'Child Nutrition Act of 1966'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1755 of this title.

-End-

-CITE-

42 USC Sec. 1772 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1772. Special program to encourage the consumption of fluid

milk by children; authorization of appropriations; eligibility

for special milk program; minimum rate of reimbursement;

ineligibility of commodity only schools

-STATUTE-

(a)(1) There is hereby authorized to be appropriated for the

fiscal year ending June 30, 1970, and for each succeeding fiscal

year, such sums as may be necessary to enable the Secretary of

Agriculture, under such rules and regulations as the Secretary may

deem in the public interest, to encourage consumption of fluid milk

by children in the United States in (A) nonprofit schools of high

school grade and under, except as provided in paragraph (2), which

do not participate in a meal service program authorized under this

chapter or the Richard B. Russell National School Lunch Act [42

U.S.C. 1751 et seq.], and (B) nonprofit nursery schools, child-care

centers, settlement houses, summer camps, and similar nonprofit

institutions devoted to the care and training of children, which do

not participate in a meal service program authorized under this

chapter or the Richard B. Russell National School Lunch Act.

(2) The limitation imposed under paragraph (1)(A) for

participation of nonprofit schools in the special milk program

shall not apply to split-session kindergarten programs conducted in

schools in which children do not have access to the meal service

program operating in schools the children attend as authorized

under this chapter or the Richard B. Russell National School Lunch

Act.

(3) For the purposes of this section "United States" means the

fifty States, Guam, the Commonwealth of Puerto Rico, the Virgin

Islands, American Samoa, the Commonwealth of the Northern Mariana

Islands, and the District of Columbia.

(4) The Secretary shall administer the special milk program

provided for by this section to the maximum extent practicable in

the same manner as the Secretary administered the special milk

program provided for by this chapter during the fiscal year ending

June 30, 1969.

(5) Any school or nonprofit child care institution which does not

participate in a meal service program authorized under this chapter

or the Richard B. Russell National School Lunch Act shall receive

the special milk program upon its request.

(6) Children who qualify for free lunches under guidelines set

forth by the Secretary shall, at the option of the school involved

(or of the local educational agency involved in the case of a

public school) be eligible for free milk upon their request.

(7) For the fiscal year ending June 30, 1975, and for subsequent

school years, the minimum rate of reimbursement for a half-pint of

milk served in schools and other eligible institutions shall not be

less than 5 cents per half-pint served to eligible children, and

such minimum rate of reimbursement shall be adjusted on an annual

basis each school year to reflect changes in the Producer Price

Index for Fresh Processed Milk published by the Bureau of Labor

Statistics of the Department of Labor.

(8) Such adjustment shall be computed to the nearest one-fourth

cent.

(9) Notwithstanding any other provision of this section, in no

event shall the minimum rate of reimbursement exceed the cost to

the school or institution of milk served to children.

(10) The State educational agency shall disburse funds paid to

the State during any fiscal year for purposes of carrying out the

program under this section in accordance with such agreements

approved by the Secretary as may be entered into by such State

agency and the schools in the State. The agreements described in

the preceding sentence shall be permanent agreements that may be

amended as necessary. Nothing in the preceding sentence shall be

construed to limit the ability of the State educational agency to

suspend or terminate any such agreement in accordance with

regulations prescribed by the Secretary.

(b) Commodity only schools shall not be eligible to participate

in the special milk program under this section. For the purposes of

the preceding sentence, the term "commodity only schools" means

schools that do not participate in the school lunch program under

the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et

seq.], but which receive commodities made available by the

Secretary for use by such schools in nonprofit lunch programs.

-SOURCE-

(Pub. L. 89-642, Sec. 3, Oct. 11, 1966, 80 Stat. 885; Pub. L.

91-295, June 30, 1970, 84 Stat. 336; Pub. L. 93-150, Sec. 7, Nov.

7, 1973, 87 Stat. 563; Pub. L. 93-347, Sec. 3, July 12, 1974, 88

Stat. 341; Pub. L. 94-105, Sec. 15(a), Oct. 7, 1975, 89 Stat. 522;

Pub. L. 95-166, Secs. 11, 20(1), (2), Nov. 10, 1977, 91 Stat. 1337,

1346; Pub. L. 95-627, Sec. 5(a), Nov. 10, 1978, 92 Stat. 3619; Pub.

L. 96-499, title II, Sec. 209, Dec. 5, 1980, 94 Stat. 2602; Pub. L.

97-35, title VIII, Secs. 807, 813(c), Aug. 13, 1981, 95 Stat. 527,

530; Pub. L. 99-500, title III, Sec. 329, Oct. 18, 1986, 100 Stat.

1783-362, and Pub. L. 99-591, title III, Sec. 329, Oct. 30, 1986,

100 Stat. 3341-365; Pub. L. 99-661, div. D, title II, Sec. 4209,

Nov. 14, 1986, 100 Stat. 4073; Pub. L. 101-147, title II, Sec. 211,

title III, Sec. 321, Nov. 10, 1989, 103 Stat. 911, 916; Pub. L.

104-193, title VII, Sec. 721, Aug. 22, 1996, 110 Stat. 2301; Pub.

L. 106-78, title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 Stat.

1170.)

-REFTEXT-

REFERENCES IN TEXT

The Richard B. Russell National School Lunch Act, referred to in

subsecs. (a)(1), (2), (5), (b), is act June 4, 1946, ch. 281, 60

Stat. 230, as amended, which is classified generally to chapter 13

(Sec. 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.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-78 substituted "Richard B. Russell National

School Lunch Act" for "National School Lunch Act" wherever

appearing.

1996 - Subsec. (a)(3). Pub. L. 104-193 substituted "the

Commonwealth of the Northern Mariana Islands" for "the Trust

Territory of the Pacific Islands".

1989 - Subsec. (a). Pub. L. 101-147, Sec. 211(a), amended subsec.

(a) as identically amended by Pub. L. 99-591, Sec. 329, and Pub. L.

99-661, Sec. 4209, to read as if only the amendment by Pub. L.

99-661 was enacted, resulting in no change in text, see 1986

Amendment note below.

Subsec. (a)(1). Pub. L. 101-147, Sec. 321(1), substituted "the

Secretary" for "he" before "may deem".

Subsec. (a)(2). Pub. L. 101-147, Sec. 321(2), struck out "(42

U.S.C. 1751 et seq.)" after "National School Lunch Act".

Subsec. (a)(4). Pub. L. 101-147, Sec. 321(3), substituted "the

Secretary" for "he".

Subsec. (a)(5). Pub. L. 101-147, Sec. 321(4), substituted "its"

for "their" before "request".

Subsec. (a)(10). Pub. L. 101-147, Sec. 211(b), added par. (10).

1986 - Subsec. (a). Pub. L. 99-500, Pub. L. 99-591, and Pub. L.

99-661 amended subsec. (a) identically, designating existing

provisions as pars. (1) and (3) to (9), in par. (1), redesignating

former cls. (1) and (2) as subpars. (A) and (B) and inserting

"except as provided in paragraph (2)," in subpar. (A), and adding

par. (2).

1981 - Subsec. (a). Pub. L. 97-35, Sec. 813(c)(1), designated

existing provisions as subsec. (a).

Pub. L. 97-35, Sec. 807, inserted provisions respecting

nonparticipation in a meal service program, and struck out

provisions relating to rate of reimbursement per half-pint of milk

served to children not eligible for free milk in schools, child

care institutions, and summer camps participating in meal service

programs under the National School Lunch Act.

Subsec. (b). Pub. L. 97-35, Sec. 813(c)(2), added subsec. (b).

1980 - Pub. L. 96-499 provided that rate of reimbursement per

half-pint of milk, served to children not eligible for free milk in

schools, child care institutions, and summer camps participating in

meal service programs under the National School Lunch Act and this

chapter was to be five cents.

1978 - Pub. L. 95-627 substituted "Producer Price Index for Fresh

Processed Milk" for "series of food away from home of the Consumer

Price Index", and inserted provision relating to eligibility for

free milk.

1977 - Pub. L. 95-166 provided free milk for children when milk

is made available at times other than the periods of meal service

in outlets that operate a food service program under sections 1753,

1766, and 1773 of this title, and substituted "school years" and

"annual basis each school year" for "fiscal years" and "annual

basis each fiscal year" and deleted "thereafter, beginning with the

fiscal year ending June 30, 1976," before "to reflect changes".

1975 - Pub. L. 94-105 added the Commonwealth of Puerto Rico, the

Virgin Islands, American Samoa, and the Trust Territory of the

Pacific Islands to definition of "United States", and inserted

provision relating to minimum rate of reimbursement to schools and

institutions of the cost of milk served to children.

1974 - Pub. L. 93-347 substituted "such sums as may be necessary"

for ", not to exceed $120,000,000," in provision limiting the size

of appropriations authorized and inserted provisions setting a

minimum rate of reimbursement for a half-pint of milk served in

schools and other eligible institutions and allowing for an annual

adjustment of the minimum rate.

1973 - Pub. L. 93-150 inserted provisions making any school or

nonprofit child care institution eligible to receive the special

milk program upon their request and any children that qualify for

free lunches under guidelines set forth by the Secretary also

eligible for free milk.

1970 - Pub. L. 91-295 substituted provisions authorizing

appropriations of not to exceed $120,000,000 for fiscal year ending

June 30, 1970, and for each succeeding fiscal year, for provisions

authorizing appropriations of not to exceed $110,000,000 for fiscal

year ending June 30, 1967, not to exceed $115,000,000 for fiscal

year ending June 30, 1968, and not to exceed $120,000,000 for each

of two succeeding fiscal years, and provisions requiring Secretary

to administer the special milk program provided for by this section

in same manner as he administered the special milk program provided

for by this chapter during fiscal year ending June 30, 1969, for

provisions requiring the Secretary to administer such program in

the same manner as he administered the special milk program

provided for by Pub. L. 85-478, as amended, during fiscal year

ending June 30, 1966, and provided that Guam be subject to

provisions of this section.

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 4209 of Pub. L. 99-661 provided that the amendment made

by that section is effective Oct. 1, 1986.

Section 329 of Pub. L. 99-500 and Pub. L. 99-591 provided that

the amendment made by that section is effective July 1, 1987.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 807 of Pub. L. 97-35 effective Oct. 1, 1981,

and amendment by section 813 of Pub. L. 97-35 effective 90 days

after Aug. 13, 1981, see section 820(a)(3), (5) of Pub. L. 97-35,

set out as a note under section 1753 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-627 effective July 1, 1979, except as

specifically provided, see section 14 of Pub. L. 95-627, set out as

a note under section 1755 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 20 of Pub. L. 95-166 provided that the amendment made by

that section is effective July 1, 1977.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1755, 1769f, 1775, 1776,

1780 of this title.

-End-

-CITE-

42 USC Sec. 1773 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1773. School breakfast program

-STATUTE-

(a) Establishment; authorization of appropriations

There is hereby authorized to be appropriated such sums as are

necessary to enable the Secretary to carry out a program to assist

the States and the Department of Defense through grants-in-aid and

other means to initiate, maintain, or expand nonprofit breakfast

programs in all schools which make application for assistance and

agree to carry out a nonprofit breakfast program in accordance with

this chapter. Appropriations and expenditures for this chapter

shall be considered Health and Human Services functions for budget

purposes rather than functions of Agriculture.

(b) Breakfast assistance payments to State educational agencies;

calculation; national average payments for breakfasts, free

breakfasts and reduced price breakfasts; maximum price for

reduced cost breakfasts; minimum daily nutrition requirements

criteria; additional payments for severe need schools; maximum

severe need payments

(1)(A)(i) 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 agency; by

(II) the national average breakfast payment for free

breakfasts, for reduced price breakfasts, or for breakfasts

served to children not eligible for free or reduced price meals,

as appropriate, as prescribed in clause (B) of this paragraph.

(ii) The agreements described in clause (i)(I) shall be permanent

agreements that may be amended as necessary. Nothing in the

preceding sentence shall be construed to limit the ability of the

State educational agency to suspend or terminate any such agreement

in accordance with regulations prescribed by the Secretary.

(B) The national average payment for each free breakfast shall be

57 cents (as adjusted pursuant to section 1759a(a) of this title).

The national average payment for each reduced price breakfast shall

be one-half of the national average payment for each free

breakfast, except that in no case shall the difference between the

amount of the national average payment for a free breakfast 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 1759a(a) of this title).

(C) No school which receives breakfast assistance payments under

this section may charge a price of more than 30 cents for a reduced

price 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.

(E) Free and reduced price policy statement. - After the initial

submission, a school food authority shall not be required to submit

a free and reduced price policy statement to a State educational

agency under this chapter unless there is a substantive change in

the free and reduced price policy of the school food authority. A

routine change in the policy of a school food authority, such as an

annual adjustment of the income eligibility guidelines for free and

reduced price meals, shall not be sufficient cause for requiring

the school food authority to submit a policy statement.

(2)(A) The Secretary shall make additional payments for

breakfasts served to children qualifying for a free or reduced

price meal at schools that are in severe need.

(B) The maximum payment for each such free breakfast shall be the

higher of -

(i) the national average payment established by the Secretary

for free breakfasts plus 10 cents, or

(ii) 45 cents (as adjusted pursuant to section 1759a(a)(3)(B)

of this title).

(C) The maximum payment for each such reduced price breakfast

shall be thirty cents less than the maximum payment for each free

breakfast as determined under clause (B) of this paragraph.

(3) The Secretary shall increase by 6 cents the annually adjusted

payment for each breakfast served under this chapter and section

1766 of this title. These funds shall be used to assist States, to

the extent feasible, in improving the nutritional quality of the

breakfasts.

(4) Notwithstanding any other provision of law, whenever stocks

of agricultural commodities are acquired by the Secretary or the

Commodity Credit Corporation and are not likely to be sold by the

Secretary or the Commodity Credit Corporation or otherwise used in

programs of commodity sale or distribution, the Secretary shall

make such commodities available to school food authorities and

eligible institutions serving breakfasts under this chapter in a

quantity equal in value to not less than 3 cents for each breakfast

served under this chapter and section 1766 of this title.

(5) Expenditures of funds from State and local sources for the

maintenance of the breakfast program shall not be diminished as a

result of funds or commodities received under paragraph (3) or (4).

(c) Disbursement of apportioned funds by State; preference for

schools in poor economic areas, for students traveling long

distances daily, and for schools for improvement of nutrition and

dietary practices of children of working mothers and from

low-income families

Funds apportioned and paid to any State for the purpose of this

section shall be disbursed by the State educational agency to

schools selected by the State educational agency to assist such

schools in operating a breakfast program and for the purpose of

subsection (d) of this section. Disbursement to schools shall be

made at such rates per meal or on such other basis as the Secretary

shall prescribe. In selecting schools for participation, the State

educational agency shall, to the extent practicable, give first

consideration to those schools drawing attendance from areas in

which poor economic conditions exist, to those schools in which a

substantial proportion of the children enrolled must travel long

distances daily, and to those schools in which there is a special

need for improving the nutrition and dietary practices of children

of working mothers and children from low-income families. Breakfast

assistance disbursements to schools under this section may be made

in advance or by way of reimbursement in accordance with procedures

prescribed by the Secretary.

(d) Severe need assistance; eligibility standards; receipt of

lesser of operating costs of breakfast program or meal

reimbursement rate

(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

subsection (b) of this section, whichever is less.

(e) Nutritional requirements; service free or at reduced price;

compliance assistance

(1)(A) Breakfasts served by schools participating in the school

breakfast program under this section shall consist of a combination

of foods and shall meet the minimum nutritional requirements

prescribed by the Secretary on the basis of tested nutritional

research, except that the minimum nutritional requirements shall be

measured by not less than the weekly average of the nutrient

content of school breakfasts. Such breakfasts shall be served free

or at a reduced price to children in school under the same terms

and conditions as are set forth with respect to the service of

lunches free or at a reduced price in section 1758 of this title.

(B) The Secretary shall provide through State educational

agencies technical assistance and training, including technical

assistance and training in the preparation of foods high in complex

carbohydrates and lower-fat versions of foods commonly used in the

school breakfast program established under this section, to schools

participating in the school breakfast program to assist the schools

in complying with the nutritional requirements prescribed by the

Secretary pursuant to subparagraph (A) and in providing appropriate

meals to children with medically certified special dietary needs.

(2) At the option of a local school food authority, a student in

a school under the authority that participates in the school

breakfast program under this chapter may be allowed to refuse not

more than one item of a breakfast that the student does not intend

to consume. A refusal of an offered food item shall not affect the

full charge to the student for a breakfast meeting the requirements

of this section or the amount of payments made under this chapter

to a school for the breakfast.

-SOURCE-

(Pub. L. 89-642, Sec. 4, Oct. 11, 1966, 80 Stat. 886; Pub. L.

90-302, Sec. 5, May 8, 1968, 82 Stat. 119; Pub. L. 91-248, Secs.

6(d), 10, May 14, 1970, 84 Stat. 210, 214; Pub. L. 92-32, Secs.

2-5, June 30, 1971, 85 Stat. 85; Pub. L. 92-433, Sec. 3, Sept. 26,

1972, 86 Stat. 724; Pub. L. 93-150, Sec. 4, Nov. 7, 1973, 87 Stat.

562; Pub. L. 94-105, Secs. 2, 3, 15(b), 17(a), Oct. 7, 1975, 89

Stat. 511, 522, 525; Pub. L. 95-166, Sec. 12, Nov. 10, 1977, 91

Stat. 1337; Pub. L. 95-561, title XIV, Sec. 1408(b)(1), Nov. 1,

1978, 92 Stat. 2368; Pub. L. 95-627, Sec. 6(c), Nov. 10, 1978, 92

Stat. 3620; Pub. L. 97-35, title VIII, Secs. 801(c), 817(d),

819(b), Aug. 13, 1981, 95 Stat. 522, 532, 533; Pub. L. 99-500,

title III, Secs. 330(a), 331, 372(b)(1), Oct. 18, 1986, 100 Stat.

1783-363, 1783-369, and Pub. L. 99-591, title III, Secs. 330(a),

331, 372(b)(1), Oct. 30, 1986, 100 Stat. 3341-366, 3341-372; Pub.

L. 99-661, div. D, title II, Secs. 4210(a), 4211, title V, Sec.

4502(b)(1), Nov. 14, 1986, 100 Stat. 4074, 4080; Pub. L. 100-435,

title II, Sec. 210, Sept. 19, 1988, 102 Stat. 1657; Pub. L.

101-147, title I, Sec. 121, title II, Sec. 212(a)(1), (2)(A), (b),

title III, Sec. 322, Nov. 10, 1989, 103 Stat. 891, 912, 916; Pub.

L. 103-448, title II, Sec. 201, Nov. 2, 1994, 108 Stat. 4734; Pub.

L. 104-193, title VII, Secs. 722-723(b)(1), Aug. 22, 1996, 110

Stat. 2301, 2302; Pub. L. 105-336, title I, Sec. 103(b)(2), title

II, Sec. 201, Oct. 31, 1998, 112 Stat. 3146, 3158; Pub. L. 106-78,

title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-

AMENDMENTS

1999 - Subsecs. (b), (e)(1)(A). Pub. L. 106-78 made technical

amendment to references in original act which appear in text as

references to sections 1758, 1759a, and 1766 of this title.

1998 - Subsec. (a). Pub. L. 105-336, Sec. 201, struck out "and to

carry out the provisions of subsection (g) of this section" before

period at end of first sentence.

Subsec. (b)(1)(B). Pub. L. 105-336, Sec. 103(b)(2)(A), struck out

"adjusted to the nearest one-fourth cent," after "payment for each

free breakfast," in second sentence.

Subsec. (b)(2)(B)(ii). Pub. L. 105-336, Sec. 103(b)(2)(B),

substituted "(as adjusted pursuant to section 1759a(a)(3)(B) of

this title)." for ", which shall be adjusted on an annual basis

each July 1 to the nearest one-fourth cent in accordance with

changes in the series for food away from home of the Consumer Price

Index published by the Bureau of Labor Statistics of the Department

of Labor for the most recent twelve-month period for which such

data are available, except that the initial such adjustment shall

be made on January 1, 1978, and shall reflect the change in the

series of food away from home during the period November 1, 1976,

to October 31, 1977."

1996 - Subsec. (b)(1)(E). Pub. L. 104-193, Sec. 722, added

subpar. (E).

Subsec. (e)(1)(B). Pub. L. 104-193, Sec. 723(a), struck out at

end "The Secretary shall provide through State educational agencies

additional technical assistance to schools that are having

difficulty maintaining compliance with the requirements."

Subsecs. (f), (g). Pub. L. 104-193, Sec. 723(b)(1), struck out

subsec. (f) relating to expansion of program and subsec. (g)

relating to startup and expansion costs.

1994 - Subsec. (e)(1). Pub. L. 103-448, Sec. 201(a), (b),

designated existing provisions as subpar. (A), inserted ", except

that the minimum nutritional requirements shall be measured by not

less than the weekly average of the nutrient content of school

breakfasts" before period at end, and added subpar. (B).

Subsec. (f)(1). Pub. L. 103-448, Sec. 201(c), designated existing

provisions as subpar. (A) and added subpars. (B) and (C).

Subsec. (g). Pub. L. 103-448, Sec. 201(d), amended heading and

text of subsec. (g) generally. Prior to amendment, text required

the Secretary to pay State educational agencies to assist eligible

schools in initiating a school breakfast program, set forth a plan

by which certain State educational agencies competing for startup

cost payments were to be given preference, provided that breakfast

program maintenance funds were not to be diminished by these

payments, defined "eligible school", and directed Secretary to

report to Congress.

1989 - Subsec. (a). Pub. L. 101-147, Sec. 121(1), inserted before

period at end of first sentence "and to carry out the provisions of

subsection (g) of this section".

Subsec. (b). Pub. L. 101-147, Sec. 322(1), substituted "reduced

price" for "reduced-price" wherever appearing.

Subsec. (b)(1)(A). Pub. L. 101-147, Sec. 212(b), designated

existing provisions as cl. (i), redesignated former cls. (i) and

(ii) as subcls. (I) and (II), respectively, of cl. (i), and added

cl. (ii).

Subsec. (b)(3). Pub. L. 101-147, Sec. 322(2), made technical

amendment to reference to section 1766 of this title involving

underlying provisions of original act and requiring no change in

text.

Subsec. (b)(3) to (5). Pub. L. 101-147, Sec. 212(a)(1), (2)(A),

amended subsec. (b)(3) to (5), as amended identically by Pub. L.

99-591, Sec. 330(a), and Pub. L. 99-661, Sec. 4210(a), and as

further amended by Pub. L. 100-435, Sec. 210, to read as if only

the amendment by Pub. L. 99-661 was enacted, and further amended

subsec. (b)(3) identically to the amendment that was made by Pub.

L. 100-435, resulting in no change in text, see 1986 and 1988

Amendment notes below.

Subsec. (d)(1)(B). Pub. L. 101-147, Sec. 322(1), substituted

"reduced price" for "reduced-price".

Subsec. (f). Pub. L. 101-147, Sec. 121(2), inserted "Expansion of

program" as heading, designated existing provisions as par. (1),

struck out at end "Within 4 months after October 7, 1975, the

Secretary shall report to the committees of jurisdiction in the

Congress his plans and those of the cooperating State agencies to

bring about the needed expansion in the school breakfast program.",

and added par. (2).

Subsec. (g). Pub. L. 101-147, Sec. 121(3), added subsec. (g).

1988 - Subsec. (b)(3). Pub. L. 100-435 substituted "6" for "3".

1986 - Subsec. (a). Pub. L. 99-500 and Pub. L. 99-591, Sec.

372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended subsec. (a)

identically, substituting "Health and Human Services" for "Health,

Education, and Welfare".

Subsec. (b)(3) to (5). Pub. L. 99-500 and Pub. L. 99-591, Sec.

330(a), and Pub. L. 99-661, Sec. 4210(a), amended subsec. (b)

identically, adding pars. (3) to (5).

Subsec. (e). Pub. L. 99-500 and Pub. L. 99-591, Sec. 331, and

Pub. L. 99-661, Sec. 4211, amended subsec. (e) identically,

designating existing provisions as par. (1) and adding par. (2).

1981 - Subsec. (b). Pub. L. 97-35, Sec. 801(c)(1), (2), in par.

(1) substituted provisions respecting calculation, amount,

limitations, etc., for breakfast assistance payments to State

educational agencies for provisions respecting apportionment,

calculation, etc., for payments beginning with fiscal year ending

June 30, 1973, and in par. (2) substituted provisions respecting

annual adjustments, for provisions respecting semiannual

adjustments and substituted "thirty" for "five".

Subsec. (c). Pub. L. 97-35, Sec. 819(b), struck out "financing

the costs of" after "such schools in".

Subsec. (d). Pub. L. 97-35, Sec. 801(c)(3)(A), substituted

provisions limiting additional assistance requirements to schools

in severe need for provisions setting forth requirements for

eligibility standards for providing additional assistance to

schools in severe need.

Subsec. (f). Pub. L. 97-35, Sec. 817(d), redesignated former

subsec. (g) as (f). Former subsec. (f), which related to nonprofit

private schools, was struck out.

Subsec. (g). Pub. L. 97-35, Sec. 817(d), redesignated former

subsec. (g) as (f).

1978 - Subsec. (a). Pub. L. 95-561 inserted provision relating to

applicability to programs of the Department of Defense.

Subsec. (d). Pub. L. 95-627 specified which schools could be

considered to be in severe need.

1977 - Subsec. (b)(1). Pub. L. 95-166, Sec. 12(1), (2),

designated existing provisions as par. (1) and struck out provision

for payment of up to 45 cents for breakfasts served to children

qualifying for a free breakfast in cases of severe need, which is

now covered in par. (2).

Subsec. (b)(2). Pub. L. 95-166, Sec. 12(3), added par. (2).

Subsec. (d). Pub. L. 95-166, Sec. 12(4), substituted requirement

that the Secretary establish eligibility standards for providing

additional assistance to schools in severe need for prior

requirement that the State educational agency require applicant

schools to provide justification of the need for such assistance;

required the eligibility standards to be submitted to the Secretary

for approval and to be included in the State plan of child

nutrition operations and submission of appropriate documentation

about the need circumstances in the school and the school's

eligibility for additional assistance; and authorized payment of

the lesser of 100 percent of the operating costs or the meal

reimbursement rate, previously limited to the 100 percent payment.

1975 - Subsec. (a). Pub. L. 94-105, Sec. 2, struck out "for the

fiscal years ending June 30, 1973, June 30, 1974, and June 30,

1975," after "such sums as are necessary".

Subsec. (b). Pub. L. 94-105, Sec. 15(b), substituted "American

Samoa, and the Trust Territory of the Pacific Islands" for "and

American Samoa" wherever appearing in cl. (1) of first sentence.

Subsec. (f). Pub. L. 94-105, Sec. 17(a), substituted "directly to

the schools (as defined in section 1784(c) of this title which are

private and nonprofit as defined in the last sentence of section

1784(c) of this title)" for "directly to the nonprofit private

schools".

Subsec. (g). Pub. L. 94-105, Sec. 3, added subsec. (g).

1973 - Subsec. (b). Pub. L. 93-150, Sec. 4(c), prescribed a

minimum payment of 8 cents as the national average payment for all

breakfasts served to eligible children, inserted provision for

minimum payment of 15 cents for each reduced-price breakfast and

for minimum payment of 20 cents for each free breakfast, and

authorized, in cases of severe need, a payment of up to 45 cents

for each breakfast served to children qualifying for a free

breakfast.

Subsec. (c). Pub. L. 93-150, Sec. 4(a), (b), substituted in first

sentence "State educational agency to assist such schools in

financing the costs of operating a breakfast program" for "State

educational agency, to assist such schools in financing the cost of

obtaining agricultural and other foods for consumption by needy

children in a breakfast program" and struck out second sentence

which provided that "Such food costs may include, in addition to

the purchase price, the cost of processing, distributing,

transporting, storing, and handling.", respectively.

1972 - Subsec. (a). Pub. L. 92-433, Sec. 3(a), substituted

authorization of appropriation of such sums as are necessary for

fiscal years ending June 30, 1973, June 30, 1974, and June 30,

1975, for provisions authorizing appropriation of amounts not

exceeding $25,000,000 for fiscal years 1972 and 1973 and made

amounts available to schools making applications for assistance and

agreeing to carry out a nonprofit breakfast program in accordance

with this chapter.

Subsec. (b). Pub. L. 92-433, Sec. 3(b), made existing

apportionment formula applicable to fiscal year ending June 30,

1973 and added new formula for fiscal years beginning with fiscal

year ending June 30, 1974.

Subsec. (c). Pub. L. 92-433, Sec. 3(c), inserted provision that

breakfast assistance disbursements to schools may be made in

advance or by way of reimbursement in accordance with procedure

prescribed by the Secretary.

Subsec. (e). Pub. L. 92-433, Sec. 3(d), substituted provisions

that breakfasts be served free or at reduced cost under same terms

and conditions as set forth in section 1758 of this title for

provisions relating to determination by local school authorities of

the inability of children to pay full cost, criteria for such

determination, income poverty guidelines, affidavit of household's

annual income, eligibility of nonprofit private schools for funds,

and prohibition of discrimination on account of inability to pay.

Subsec. (f). Pub. L. 92-433, Sec. 3(e), substituted provisions

that for fiscal year ending June 30, 1973, withholding and

disbursement to nonprofit private schools will be effected as

before and that commencing with the next fiscal year, the Secretary

would directly make payments to the nonprofit private schools

participating in the breakfast program under agreement with the

Secretary for provisions that such withholding and disbursement be

effected in accordance with section 1759 of this title with some

exceptions.

1971 - Subsec. (a). Pub. L. 92-32, Sec. 2, authorized

appropriations of 25 million dollars for fiscal years 1972, and

1973, and struck out provision for appropriation of 6.5, 10, and 25

million dollars for fiscal years, 1969, 1970, and 1971,

respectively.

Subsec. (c). Pub. L. 92-32, Sec. 3, substituted "assist such

schools in financing the cost" for "reimburse such schools for the

cost" and provided for preference of schools for improvement of

nutrition and dietary practices of children of working mothers and

from low-income families.

Subsec. (d). Pub. L. 92-32, Sec. 4, increased financial

assistance from "80" to "100" per centum.

Subsec. (e). Pub. L. 92-32, Sec. 5, substituted provisions

relating to criteria for determination of eligible children, income

poverty guidelines, priority of neediest children, affidavit of

household's annual income, and certification of availability of

funds for nonprofit private schools, for former provision for

determination of eligible children on basis of consultations of

local school authorities with public welfare and health agencies.

1970 - Subsec. (a). Pub. L. 91-248, Sec. 10, substituted

"$25,000,000" for "$12,000,000".

Subsec. (e). Pub. L. 91-248, Sec. 6(d), provided that there be no

overt identification of those children who receive free and reduced

price meals.

1968 - Subsec. (a). Pub. L. 90-302 provided authorization to

appropriate $6,500,000 for fiscal year 1969, not to exceed

$10,000,000 for fiscal year 1970, and not to exceed $12,000,000 for

fiscal year 1971, struck out references to authorization for fiscal

years 1967 and 1968 and to pilot programs conducted on a

nonpartisan basis, and added provision that appropriations and

expenditures for this chapter be considered Health, Education, and

Welfare functions for budget purposes rather than functions of

Agriculture.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-336 effective Oct. 1, 1998, see section

401 of Pub. L. 105-336, set out as a note under section 1755 of

this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 723(b)(2) of Pub. L. 104-193 provided that: "The

amendments made by paragraph (1) [amending this section] shall

become effective on October 1, 1996."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-448 effective Oct. 1, 1994, see section

401 of Pub. L. 103-448, set out as a note under section 1755 of

this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 212(a)(2)(B) of Pub. L. 101-147 provided that: "The

amendments made by subparagraph (A) [amending this section] shall

take effect as if such amendments had been effective on July 1,

1989."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-435 to be effective and implemented on

July 1, 1989, see section 701(b)(4) of Pub. L. 100-435, set out as

a note under section 2012 of Title 7, Agriculture.

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 4210(a) of Pub. L. 99-661 provided that the amendment

made by that section is effective Oct. 1, 1986.

Section 330(a) of Pub. L. 99-500 and Pub. L. 99-591 provided that

the amendment made by that section is effective July 1, 1987.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 801(c) of Pub. L. 97-35 effective Sept. 1,

1981, and amendment by sections 817 and 819 of Pub. L. 97-35

effective Oct. 1, 1981, see section 820(1)(A), (4) of Pub. L.

97-35, set out as a note under section 1753 of this title.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. L. 95-627 effective Oct. 1, 1978, see section

14 of Pub. L. 95-627, set out as a note under section 1755 of this

title.

Amendment by Pub. L. 95-561 effective Oct. 1, 1978, and no

provision therein to be construed as impairing or preventing the

taking effect of any other Act providing for the transfer of

functions described therein to an executive department having

responsibility for education, see section 1415 of Pub. L. 95-561,

set out as an Effective Date note under section 921 of Title 20,

Education.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer to Secretary of Education of functions of Secretary

of Defense and Department of Defense relating to operation of

overseas schools for dependents of Department of Defense and under

Defense Dependents' Education Act of 1978, 20 U.S.C. 921 et seq.,

see section 3442(a) of Title 20, Education.

-MISC2-

CONSOLIDATION OF SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST PROGRAM

INTO COMPREHENSIVE MEAL PROGRAM

For provisions directing Secretary of Agriculture to consolidate

school breakfast program under this section and school lunch

program under chapter 13 (Sec. 1751 et seq.) of this title into

comprehensive meal program, see section 301 of Pub. L. 103-448, set

out as a note under section 1751 of this title.

ADJUSTMENTS IN MAXIMUM BREAKFAST PAYMENTS FOR FISCAL YEAR ENDING

SEPTEMBER 30, 1981

Pub. L. 96-499, title II, Sec. 210, Dec. 5, 1980, 94 Stat. 2602,

provided that: "Notwithstanding section 4(b)(2)(B)(ii) of the Child

Nutrition Act of 1966 [subsec. (b)(2)(B)(ii) of this section], in

determining the maximum payment for free breakfasts under such

section for the fiscal year ending September 30, 1981 -

"(1) no adjustment under such section shall be made on January

1 of such fiscal year; and

"(2) the adjustment under such section required to be made on

July 1 of such fiscal year shall be computed to the nearest

one-fourth cent based on changes, measured over the preceding

twelve-month period for which data are available, in the series

for food away from home of the Consumer Price Index for All Urban

Consumers, published by the Bureau of Labor Statistics,

Department of Labor."

ALTERNATE FOODS

Section 6(d) of Pub. L. 95-627 provided that: "The Secretary

shall not limit or prohibit, during the school year 1978-79, the

use of formulated grain-fruit products currently approved for use

in the school breakfast program. The Secretary shall consult

experts in child nutrition, industry representatives, and school

food service personnel and school administrators (including

personnel and administrators in school systems using such products)

with respect to the continued use of formulated grain-fruit

products in the school breakfast program, and shall also take into

account the findings and recommendations in the report on this

subject of the General Accounting Office. The Secretary shall not

promulgate a final rule disapproving the use of such products in

the school breakfast program beyond the 1978-79 school year until

the Secretary has notified the appropriate committees of Congress,

and such rule shall not take effect until sixty days after such

notification."

REPORT TO CONGRESS OF NEEDS FOR ADDITIONAL FUNDS FOR SCHOOL

BREAKFAST AND NONFOOD ASSISTANCE PROGRAMS, FISCAL YEAR ENDING JUNE

30, 1972

Pub. L. 92-153, Sec. 3, Nov. 5, 1971, 85 Stat. 420, provided that

the Secretary of Agriculture determine immediately upon enactment

of this resolution (Nov. 5, 1971) and report to Congress the needs

for additional funds to carry out the school breakfast and nonfood

assistance programs during the fiscal year ending June 30, 1972, at

levels permitting expansion of the school breakfast and school

lunch programs to all schools desiring such programs as rapidly as

practicable.

TRANSFER OF FUNDS TO SCHOOLS IN NEED OF ADDITIONAL ASSISTANCE IN

SCHOOL BREAKFAST PROGRAM

Pub. L. 92-153, Sec. 7, Nov. 5, 1971, 85 Stat. 420, provided

that: "In addition to any other authority given to the Secretary he

is hereby authorized to transfer funds from section 32 of the Act

of August 24, 1935 [section 612c of Title 7, Agriculture], for the

purpose of assisting schools which demonstrate a need for

additional funds in the school breakfast program."

DIRECT DISTRIBUTION PROGRAMS FOR DIET OF NEEDY CHILDREN SUFFERING

FROM GENERAL AND CONTINUED HUNGER; ADDITIONAL FUNDS

Additional funds for direct distribution programs for diet of

needy children suffering from general and continued hunger and

payment of administrative costs of State or local welfare agency

carrying out such programs, see section 6 of Pub. L. 92-32, set out

as a note under section 612c of Title 7, Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1755, 1758, 1759a, 1760,

1766, 1769b-1, 1769f, 1769h, 1775, 1776, 1777, 1780 of this title;

title 8 section 1615.

-End-

-CITE-

42 USC Sec. 1774 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1774. Disbursement directly to schools or institutions

-STATUTE-

(a) The Secretary shall withhold funds payable to a State under

this chapter and disburse the funds directly to schools or

institutions within the State for the purposes authorized by this

chapter to the extent that the Secretary has so withheld and

disbursed such funds continuously since October 1, 1980, but only

to such extent (except as otherwise required by subsection (b) of

this section). Any funds so withheld and disbursed by the Secretary

shall be used for the same purposes, and shall be subject to the

same conditions, as applicable to a State disbursing funds made

available under this chapter. If the Secretary is administering (in

whole or in part) any program authorized under this chapter, the

State in which the Secretary is administering the program may, upon

request to the Secretary, assume administration of that program.

(b) If a State educational agency is not permitted by law to

disburse the funds paid to it under this chapter to any of the

nonpublic schools in the State, the Secretary shall disburse the

funds directly to such schools within the State for the same

purposes and subject to the same conditions as are authorized or

required with respect to the disbursements to public schools within

the State by the State educational agency.

-SOURCE-

(Pub. L. 89-642, Sec. 5, as added Pub. L. 97-35, title VIII, Sec.

817(e), Aug. 13, 1981, 95 Stat. 532.)

-MISC1-

PRIOR PROVISIONS

A prior section 1774, Pub. L. 89-642, Sec. 5, Oct. 11, 1966, 80

Stat. 887; Pub. L. 91-248, Sec. 2, May 14, 1970, 84 Stat. 208; Pub.

L. 92-433, Sec. 6(a)-(d), Sept. 26, 1972, 86 Stat. 727; Pub. L.

93-326, Sec. 5, June 30, 1974, 88 Stat. 287; Pub. L. 94-105, Sec.

18, Oct. 7, 1975, 89 Stat. 525; Pub. L. 95-166, Secs. 4, 20(3),

(4), Nov. 10, 1977, 91 Stat. 1332, 1346; Pub. L. 95-627, Sec. 6(b),

Nov. 10, 1978, 92 Stat. 3620; Pub. L. 96-499, title II, Sec. 211,

Dec. 5, 1980, 94 Stat. 2603, made provision for food service

equipment assistance program, prior to repeal by Pub. L. 97-35,

Sec. 805(b).

EFFECTIVE DATE

Section effective Oct. 1, 1981, see section 820(a)(4) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 1753 of this title.

REPORT TO CONGRESS OF NEEDS FOR EQUIPMENT TO BE SUBMITTED BY JUNE

30, 1973

Pub. L. 92-433, Sec. 6(e), Sept. 26, 1972, 86 Stat. 729, directed

Secretary, to assist Congress in determining amounts needed

annually, to conduct a survey among States and school districts on

unmet needs for equipment in schools eligible for assistance under

former section 1774 of this title, results of such survey to be

reported to Congress by June 30, 1973.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1769, 1775 of this title.

-End-

-CITE-

42 USC Sec. 1775 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1775. Certification to Secretary of the Treasury of amounts to

be paid to States

-STATUTE-

The Secretary shall certify to the Secretary of the Treasury from

time to time the amounts to be paid to any State under sections

1772 through 1776 of this title and the time or times such amounts

are to be paid; and the Secretary of the Treasury shall pay to the

State at the time or times fixed by the Secretary the amounts so

certified.

-SOURCE-

(Pub. L. 89-642, Sec. 6, Oct. 11, 1966, 80 Stat. 888.)

-End-

-CITE-

42 USC Sec. 1776 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1776. State administrative expenses

-STATUTE-

(a) Amount available; formula for computation of payment; improved

program integrity and meal quality; use for costs of

administration of programs for which allocation made; retention

of funds by Secretary

(1) Each fiscal year, the Secretary shall make available to the

States for their administrative costs an amount equal to not less

than 1 1/2 percent of the Federal funds expended under sections 4,

11, and 17 of the Richard B. Russell National School Lunch Act [42

U.S.C. 1753, 1759a, 1766] and 1772 and 1773 of this title during

the second preceding fiscal year. The Secretary shall allocate the

funds so provided in accordance with paragraphs (2), (3), and (4)

of this subsection. There are hereby authorized to be appropriated

such sums as may be necessary to carry out the purposes of this

section.

(2) The Secretary shall allocate to each State for administrative

costs incurred in any fiscal year in connection with the programs

authorized under the Richard B. Russell National School Lunch Act

[42 U.S.C. 1751 et seq.] or under this chapter, except for the

programs authorized under section 13 or 17 of the Richard B.

Russell National School Lunch Act [42 U.S.C. 1761, 1766] or under

section 1786 of this title, an amount equal to not less than 1

percent and not more than 1 1/2 percent of the funds expended by

each State under sections 4 and 11 of the Richard B. Russell

National School Lunch Act [42 U.S.C. 1753, 1759a] and sections 1772

and 1773 of this title during the second preceding fiscal year. In

no case shall the grant available to any State under this

subsection be less than the amount such State was allocated in the

fiscal year ending September 30, 1981, or $100,000, whichever is

larger.

(3) The Secretary shall allocate to each State for its

administrative costs incurred under the program authorized by

section 17 of the Richard B. Russell National School Lunch Act [42

U.S.C. 1766] in any fiscal year an amount, based upon funds

expended under that program in the second preceding fiscal year,

equal to (A) 20 percent of the first $50,000, (B) 10 percent of the

next $100,000, (C) 5 percent of the next $250,000, and (D) 2 1/2

percent of any remaining funds. If an agency in the State other

than the State educational agency administers such program, the

State shall ensure that an amount equal to no less than the funds

due the State under this paragraph is provided to such agency for

costs incurred by such agency in administering the program, except

as provided in paragraph (5). The Secretary may adjust any State's

allocation to reflect changes in the size of its program.

(4) The remaining funds appropriated under this section shall be

allocated among the States by the Secretary in amounts the

Secretary determines necessary for the improvement in the States of

the administration of the programs authorized under the Richard B.

Russell National School Lunch Act [42 U.S.C. 1751 et seq.] and this

chapter, except for section 1786 of this title, including, but not

limited to, improved program integrity and the quality of meals

served to children.

(5)(A) Not more than 25 percent of the amounts made available to

each State under this section for the fiscal year 1991 and 20

percent of the amounts made available to each State under this

section for the fiscal year 1992 and for each succeeding fiscal

year may remain available for obligation or expenditure in the

fiscal year succeeding the fiscal year for which such amounts were

appropriated.

(B) Reallocation of funds. -

(i) Return to secretary. - For each fiscal year, any amounts

appropriated that are not obligated or expended during the fiscal

year and are not carried over for the succeeding fiscal year

under subparagraph (A) shall be returned to the Secretary.

(ii) Reallocation by secretary. - The Secretary shall allocate,

for purposes of administrative costs, any remaining amounts among

States that demonstrate a need for the amounts.

(6) Use of administrative funds. - Funds available to a State

under this subsection and under section 13(k)(1) of the Richard B.

Russell National School Lunch Act (42 U.S.C. 1761(k)(1)) may be

used by the State for the costs of administration of the programs

authorized under this chapter (except for the programs authorized

under sections 1786 and 1790 of this title) and the Richard B.

Russell National School Lunch Act (42 U.S.C. 1751 et seq.) without

regard to the basis on which the funds were earned and allocated.

(7) Where the Secretary is responsible for the administration of

programs under this chapter or the Richard B. Russell National

School Lunch Act [42 U.S.C. 1751 et seq.], the amount of funds that

would be allocated to the State agency under this section and under

section 13(k)(1) of the Richard B. Russell National School Lunch

Act [42 U.S.C. 1761(k)(1)] shall be retained by the Secretary for

the Secretary's use in the administration of such programs.

(8) In the fiscal year 1991 and each succeeding fiscal year, in

accordance with regulations issued by the Secretary, each State

shall ensure that the State agency administering the distribution

of commodities under programs authorized under this chapter and

under the Richard B. Russell National School Lunch Act [42 U.S.C.

1751 et seq.] is provided, from funds made available to the State

under this subsection, an appropriate amount of funds for

administrative costs incurred in distributing such commodities. In

developing such regulations, the Secretary may consider the value

of commodities provided to the State under this chapter and under

the Richard B. Russell National School Lunch Act.

(9)(A) If the Secretary determines that the administration of any

program by a State under this chapter (other than section 1786 of

this title) or under the Richard B. Russell National School Lunch

Act (42 U.S.C. 1751 et seq.)(including any requirement to provide

sufficient training, technical assistance, and monitoring of the

child and adult care food program under section 17 of that Act (42

U.S.C. 1766)), or compliance with a regulation issued pursuant to

either this chapter or such Act, is seriously deficient, and the

State fails to correct the deficiency within a specified period of

time, the Secretary may withhold from the State some or all of the

funds allocated to the State under this section or under section

13(k)(1) or 17 of the Richard B. Russell National School Lunch Act

(42 U.S.C. 1761(k)(1) or 1766).

(B) On a subsequent determination by the Secretary that the

administration of any program referred to in subparagraph (A), or

compliance with the regulations issued to carry out the program, is

no longer seriously deficient and is operated in an acceptable

manner, the Secretary may allocate some or all of the funds

withheld under such subparagraph.

(b) Funds, usage: compensation, benefits, and travel expenses of

personnel; support services; office equipment; staff development

Funds paid to a State under subsection (a) of this section may be

used to pay salaries, including employee benefits and travel

expenses, for administrative and supervisory personnel; for support

services; for office equipment; and for staff development.

(c) Fund adjustment; State administered programs

If any State agency agrees to assume responsibility for the

administration of food service programs in nonprofit private

schools or child care institutions that were previously

administered by the Secretary, an appropriate adjustment shall be

made in the administrative funds paid under this section to the

State not later than the succeeding fiscal year.

(d) Unused funds; availability for obligation and expenditure, and

reallocation to other States

Notwithstanding any other provision of law, funds made available

to each State under this section shall remain available for

obligation and expenditure by that State during the fiscal year

immediately following the fiscal year for which such funds were

made available. For each fiscal year the Secretary shall establish

a date by which each State shall submit to the Secretary a plan for

the disbursement of funds provided under this section for each such

year, and the Secretary shall reallocate any unused funds, as

evidenced by such plans, to other States as the Secretary considers

appropriate.

(e) State plan; use of funds

Each State shall submit to the Secretary for approval by October

1 of the initial fiscal year a plan for the use of State

administrative expense funds, including a staff formula for State

personnel, system level supervisory and operating personnel, and

school level personnel. After submitting the initial plan, a State

shall be required to submit to the Secretary for approval only a

substantive change in the plan.

(f) State funding requirement

Payments of funds under this section shall be made only to States

that agree to maintain a level of funding out of State revenues,

for administrative costs in connection with programs under this

chapter (except section 1786 of this title) and the Richard B.

Russell National School Lunch Act [42 U.S.C. 1751 et seq.] (except

section 13 of that Act [42 U.S.C. 1761]), not less than the amount

expended or obligated in fiscal year 1977, and that agree to

participate fully in any studies authorized by the Secretary.

(g) Authorization of appropriations

For the fiscal year beginning October 1, 1977, and each

succeeding fiscal year ending before October 1, 2003, there are

hereby authorized to be appropriated such sums as may be necessary

for the purposes of this section.

-SOURCE-

(Pub. L. 89-642, Sec. 7, Oct. 11, 1966, 80 Stat. 888; Pub. L.

90-302, Sec. 4, May 8, 1968, 82 Stat. 119; Pub. L. 91-248, Sec. 5,

May 14, 1970, 84 Stat. 210; Pub. L. 95-166, Sec. 14, Nov. 10, 1977,

91 Stat. 1338; Pub. L. 95-627, Sec. 7(a), Nov. 10, 1978, 92 Stat.

3621; Pub. L. 96-499, title II, Sec. 201(b), Dec. 5, 1980, 94 Stat.

2600; Pub. L. 97-35, title VIII, Secs. 814, 819(e), Aug. 13, 1981,

95 Stat. 531, 533; Pub. L. 99-500, title III, Secs. 313, 332, Oct.

18, 1986, 100 Stat. 1783-360, 1783-363, and Pub. L. 99-591, title

III, Secs. 313, 332, Oct. 30, 1986, 100 Stat. 3341-363, 3341-367;

Pub. L. 99-661, div. D, title I, Sec. 4103, title II, Sec. 4212,

Nov. 14, 1986, 100 Stat. 4071, 4075; Pub. L. 101-147, title I, Sec.

122(a), Nov. 10, 1989, 103 Stat. 893; Pub. L. 102-512, title I,

Sec. 103, Oct. 24, 1992, 106 Stat. 3363; Pub. L. 103-448, title I,

Sec. 117(a)(2)(B), title II, Sec. 202, Nov. 2, 1994, 108 Stat.

4717, 4737; Pub. L. 104-193, title VII, Sec. 724, Aug. 22, 1996,

110 Stat. 2302; Pub. L. 105-336, title II, Sec. 202, Oct. 31, 1998,

112 Stat. 3158; Pub. L. 106-78, title VII, Sec. 752(b)(16), Oct.

22, 1999, 113 Stat. 1170; Pub. L. 106-224, title II, Sec. 243(j),

June 20, 2000, 114 Stat. 420.)

-REFTEXT-

REFERENCES IN TEXT

The Richard B. Russell National School Lunch Act, referred to in

subsecs. (a) and (f), is act June 4, 1946, ch. 281, 60 Stat. 230,

as amended, which is classified generally to chapter 13 (Sec. 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.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(9)(A). Pub. L. 106-224 inserted "(including

any requirement to provide sufficient training, technical

assistance, and monitoring of the child and adult care food program

under section 17 of that Act (42 U.S.C. 1766))" after "(42 U.S.C.

1751 et seq.)".

1999 - Subsecs. (a), (f). Pub. L. 106-78 substituted "Richard B.

Russell National School Lunch Act" for "National School Lunch Act"

wherever appearing.

1998 - Subsec. (a)(5)(B). Pub. L. 105-336, Sec. 202(a), amended

subpar. (B) generally, substituting present provisions for

provisions which related to return of unexpended funds to Secretary

and reallocation of such funds to provide annual grants to public

entities and private nonprofit organizations participating in

projects under former section 1766b of this title.

Subsec. (a)(6). Pub. L. 105-336, Sec. 202(b), amended par. (6)

generally. Prior to amendment, par. (6) read as follows: "Funds

available to States under this subsection and under section

13(k)(1) of the National School Lunch Act shall be used for the

costs of administration of the programs for which the allocations

are made, except that States may transfer up to 10 percent of any

of the amounts allocated among such programs."

Subsec. (g). Pub. L. 105-336, Sec. 202(c), substituted "2003" for

"1998".

1996 - Subsec. (e). Pub. L. 104-193, Sec. 724(b), substituted

"the initial fiscal year a plan" for "each year an annual plan" and

inserted at end "After submitting the initial plan, a State shall

be required to submit to the Secretary for approval only a

substantive change in the plan."

Pub. L. 104-193, Sec. 724(a), redesignated subsec. (f) as (e) and

struck out former subsec. (e) which read as follows: "The State may

use a portion of the funds available under this section to assist

in the administration of the commodity distribution program."

Subsecs. (f), (g). Pub. L. 104-193, Sec. 724(a)(2), redesignated

subsecs. (g) and (i) as (f) and (g), respectively. Former subsec.

(f) redesignated (e).

Subsec. (h). Pub. L. 104-193, Sec. 724(a)(1), struck out subsec.

(h) which read as follows: "The Secretary may not provide amounts

under this section to a State for administrative costs incurred in

any fiscal year unless the State agrees to participate in any study

or survey of programs authorized under this chapter or the National

School Lunch Act (42 U.S.C. 1751 et seq.) and conducted by the

Secretary."

Subsec. (i). Pub. L. 104-193, Sec. 724(a)(2), redesignated

subsec. (i) as (g).

1994 - Subsec. (a)(5)(B)(i)(I). Pub. L. 103-448, Sec.

117(a)(2)(B), substituted "projects under section 17B of the

National School Lunch Act" for "projects under section 18(c) of the

National School Lunch Act (42 U.S.C. 1769(c))" and substituted

"fiscal year 1995 and each subsequent fiscal year" for "each of

fiscal years 1993 and 1994" in two places.

Subsec. (a)(9). Pub. L. 103-448, Sec. 202(a), added par. (9).

Subsec. (h). Pub. L. 103-448, Sec. 202(c)(2), added subsec. (h).

Former subsec. (h) redesignated (i).

Pub. L. 103-448, Sec. 202(b), substituted "1998" for "1994".

Subsec. (i). Pub. L. 103-448, Sec. 202(c)(1), redesignated

subsec. (h) as (i).

1992 - Subsec. (a)(5)(B)(i). Pub. L. 102-512, Sec. 103(1),

substituted a colon for ", the Secretary shall - " in introductory

provisions.

Subsec. (a)(5)(B)(i)(I). Pub. L. 102-512, Sec. 103(2), added

subcl. (I) and struck out former subcl. (I) which read as follows:

"first allocate, for the purpose of providing grants on an annual

basis to private nonprofit organizations participating in projects

under section 18(f) of the National School Lunch Act, not less than

$3,000,000 in the fiscal year 1992 and not less than $4,000,000 in

each of the fiscal years 1993 and 1994; and".

Subsec. (a)(5)(B)(i)(II). Pub. L. 102-512, Sec. 103(3),

substituted "After making the allocations under subclause (I), the

Secretary shall allocate," for "then allocate,".

1989 - Subsec. (a)(3). Pub. L. 101-147, Sec. 122(a)(1)(A),

inserted after first sentence "If an agency in the State other than

the State educational agency administers such program, the State

shall ensure that an amount equal to no less than the funds due the

State under this paragraph is provided to such agency for costs

incurred by such agency in administering the program, except as

provided in paragraph (5)."

Subsec. (a)(5) to (8). Pub. L. 101-147, Sec. 122(a)(1)(B)-(D),

added pars. (5) and (8) and redesignated former pars. (5) and (6)

as (6) and (7), respectively.

Subsec. (g). Pub. L. 101-147, Sec. 122(a)(2), inserted before

period at end ", and that agree to participate fully in any studies

authorized by the Secretary".

Subsec. (h). Pub. L. 101-147, Sec. 122(a)(3), substituted "For

the fiscal year beginning October 1, 1977, and each succeeding

fiscal year ending before October 1, 1994," for "For the fiscal

years beginning October 1, 1977, and ending September 30, 1989,".

1986 - Subsecs. (b) to (g). Pub. L. 99-500 and Pub. L. 99-591,

Sec. 332, and Pub. L. 99-661, Sec. 4212, amended section

identically, redesignating subsecs. (c) to (h) as (b) to (g),

respectively, and striking out former subsec. (b) which read as

follows: "The Secretary, in cooperation with the several States,

shall develop State staffing standards for the administration by

each State of sections 4, 11, and 17 of the National School Lunch

Act [42 U.S.C. 1753, 1759a, 1766], and sections 1772 and 1773 of

this title, that will ensure sufficient staff for the planning and

administration of programs covered by State administrative

expenses."

Subsecs. (h), (i). Pub. L. 99-500 and Pub. L. 99-591, Secs. 313,

332(2), and Pub. L. 99-661, Secs. 4103, 4212(2), amended section

identically, redesignating subsec. (i) as (h) and substituting

"1989" for "1984". Former subsec. (h) redesignated (g).

1981 - Subsec. (a). Pub. L. 97-35, Secs. 814(a), 819(e), in par.

(1) struck out reference to section 1774 of this title, and in par.

(2) substituted "1981" for "1978" and struck out reference to

section 1774 of this title.

Subsec. (b). Pub. L. 97-35, Sec. 819(e), struck out reference to

section 1774 of this title.

Subsec. (e). Pub. L. 97-35, Sec. 814(b), substituted provisions

relating to general availability of unobligated funds during fiscal

years following the fiscal years for which such funds were made

available for provisions relating to availability of unobligated

funds for fiscal year 1979 and for the five succeeding fiscal

years.

1980 - Subsec. (e). Pub. L. 96-499, Sec. 201(b)(1), substituted

"and for the five succeeding fiscal years" for "and the succeeding

fiscal year".

Subsec. (i). Pub. L. 96-499, Sec. 201(b)(2), substituted

"September 30, 1984" for "September 30, 1980".

1978 - Subsec. (a). Pub. L. 95-627 generally revised and

restructured subsection and, among other changes, inserted formula

for determining State allocations for administrative costs incurred

under the program authorized by section 17 of the National School

Lunch Act, authorized the State to transfer up to ten percent of

any amounts allocated for administrative costs of the programs for

which such funds were allocated, and authorized retention by the

Secretary for the Secretary's use in administering certain

programs, allocations for such programs, under this section and

section 13(k)(1) of the National School Lunch Act.

1977 - Subsecs. (a) to (i). Pub. L. 95-166 added subsecs. (a) to

(i) and struck out prior provisions authorizing the Secretary to

utilize appropriated funds for advances to State educational

agencies for use for administrative expenses, advancing the fund

only in necessary amounts and for administration of certain

activities, and authorizing appropriation of necessary sums, now

incorporated in subsec. (i) of this section.

1970 - Pub. L. 91-248 inserted provisions authorizing Secretary

to utilize funds appropriated under this section for advances for

administrative expenses of any other designated State agency as

well as for those of the State educational agency and in the case

of either State agency, for its administrative expenses in

supervising and giving technical assistance to service institutions

as well as to local school districts.

1968 - Pub. L. 90-302 inserted the programs under sections 1759a

and 1761 of this title to the enumeration of programs in which

appropriated funds could be used for administrative expenses of

local school districts in supervising and giving technical

assistance and added section 1761 to the enumeration of sections

covering programs of additional activities under which funds could

be advanced only in amounts and to the extent determined necessary

by the Secretary.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-336 effective Oct. 1, 1998, see section

401 of Pub. L. 105-336, set out as a note under section 1755 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-448 effective Oct. 1, 1994, see section

401 of Pub. L. 103-448, set out as a note under section 1755 of

this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-512 effective Sept. 30, 1992, see

section 104 of Pub. L. 102-512, set out as a note under section

1769 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 122(b) of Pub. L. 101-147 provided that: "The amendment

made by subsection (a)(1)(A) [amending this section] shall be

effective as of October 1, 1989."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

820(a)(4) of Pub. L. 97-35, set out as a note under section 1753 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-627 effective Oct. 1, 1978, see section

14 of Pub. L. 95-627, set out as a note under section 1755 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1755, 1775 of this title.

-End-

-CITE-

42 USC Secs. 1776a, 1776b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Secs. 1776a, 1776b. Omitted

-COD-

CODIFICATION

Section 1776a, Pub. L. 103-111, title IV, Oct. 21, 1993, 107

Stat. 1071, conditioned the distribution of funds under section

1776 of this title upon agreement by a State to participate in

studies and surveys of programs authorized under this chapter or

the preceding chapter, when such studies or surveys were directed

by Congress and requested by the Secretary of Agriculture, and was

not repeated in the Agricultural, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 1995. See

section 1776(h) of this title.

Section 1776b, Pub. L. 103-111, title IV, Oct. 21, 1993, 107

Stat. 1071, authorized the withholding, by the Secretary of

Agriculture, of funds allocated to a State under sections

1761(k)(1) and 1776 of this title if the Secretary determined that

the State was seriously deficient in administering any program

under this chapter or the preceding chapter, and the State failed

to correct such deficiencies within a specified period of time, and

was not repeated in the Agricultural, Rural Development, Food and

Drug Administration, and Related Agencies Appropriations Act, 1995.

See section 1776(a)(9)(A) of this title.

Provisions similar to sections 1776a and 1776b were contained in

the following prior appropriation acts:

Pub. L. 102-341, title IV, Aug. 14, 1992, 106 Stat. 900.

Pub. L. 102-142, title IV, Oct. 28, 1991, 105 Stat. 904.

Pub. L. 101-506, title III, Nov. 5, 1990, 104 Stat. 1340.

Pub. L. 101-161, title III, Nov. 21, 1989, 103 Stat. 976.

Pub. L. 100-460, title III, Oct. 1, 1988, 102 Stat. 2254.

Pub. L. 100-202, Sec. 101(k) [title III], Dec. 22, 1987, 101

Stat. 1329-322, 1329-348.

Pub. L. 99-500, Sec. 101(a) [title III], Oct. 18, 1986, 100 Stat.

1783, 1783-22, and Pub. L. 99-591, Sec. 101(a) [title III], Oct.

30, 1986, 100 Stat. 3341, 3341-22.

Pub. L. 99-190, Sec. 101(a) [H.R. 3037, title III], Dec. 19,

1985, 99 Stat. 1185.

Pub. L. 98-473, title I, Sec. 101(a) [H.R. 5743, title III], Oct.

12, 1984, 98 Stat. 1837.

Pub. L. 98-151, Sec. 101(d) [H.R. 3223, title III], Nov. 14,

1983, 97 Stat. 972.

Pub. L. 97-370, title III, Dec. 18, 1982, 96 Stat. 1805.

Pub. L. 97-103, title III, Dec. 23, 1981, 95 Stat. 1484.

Pub. L. 96-528, title III, Dec. 15, 1980, 94 Stat. 3112.

Pub. L. 96-108, title III, Nov. 9, 1979, 93 Stat. 837.

Pub. L. 96-38, title I, July 25, 1979, 93 Stat. 98.

-End-

-CITE-

42 USC Sec. 1777 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1777. Use in school breakfast program of food designated as

being in abundance or food donated by the Secretary of

Agriculture

-STATUTE-

Each school participating under section 1773 of this title shall,

insofar as practicable, utilize in its program foods designated

from time to time by the Secretary as being in abundance, either

nationally or in the school area, or foods donated by the

Secretary. Foods available under section 1431 of title 7 or

purchased under section 612c or 1446a-1 of title 7, may be donated

by the Secretary to schools, in accordance with the needs as

determined by local school authorities, for utilization in their

feeding programs under this chapter.

-SOURCE-

(Pub. L. 89-642, Sec. 8, Oct. 11, 1966, 80 Stat. 888.)

-End-

-CITE-

42 USC Sec. 1778 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1778. Nonprofit programs

-STATUTE-

The food and milk service programs in schools and nonprofit

institutions receiving assistance under this chapter shall be

conducted on a nonprofit basis.

-SOURCE-

(Pub. L. 89-642, Sec. 9, Oct. 11, 1966, 80 Stat. 888.)

-End-

-CITE-

42 USC Sec. 1779 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1779. Rules and regulations

-STATUTE-

(a) Authority of Secretary

The Secretary shall prescribe such regulations as the Secretary

may deem necessary to carry out this chapter and the Richard B.

Russell National School Lunch Act [42 U.S.C. 1751 et seq.],

including regulations relating to the service of food in

participating schools and service institutions in competition with

the programs authorized under this chapter and the Richard B.

Russell National School Lunch Act.

(b) Sale of competitive foods

The regulations shall not prohibit the sale of competitive foods

approved by the Secretary in food service facilities or areas

during the time of service of food under this chapter or the

Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et

seq.] if the proceeds from the sales of such foods will inure to

the benefit of the schools or of organizations of students approved

by the schools.

(c) Transfer of funds; reserve for special projects

In such regulations the Secretary may provide for the transfer of

funds by any State between the programs authorized under this

chapter and the Richard B. Russell National School Lunch Act [42

U.S.C. 1751 et seq.] on the basis of an approved State plan of

operation for the use of the funds and may provide for the reserve

of up to 1 per centum of the funds available for apportionment to

any State to carry out special developmental projects.

-SOURCE-

(Pub. L. 89-642, Sec. 10, Oct. 11, 1966, 80 Stat. 889; Pub. L.

91-248, Sec. 8, May 14, 1970, 84 Stat. 212; Pub. L. 92-433, Sec. 7,

Sept. 26, 1972, 86 Stat. 729; Pub. L. 95-166, Sec. 17, Nov. 10,

1977, 91 Stat. 1345; Pub. L. 101-147, title III, Sec. 323, Nov. 10,

1989, 103 Stat. 916; Pub. L. 103-448, title II, Sec. 203, Nov. 2,

1994, 108 Stat. 4738; Pub. L. 104-193, title VII, Sec. 725, Aug.

22, 1996, 110 Stat. 2302; Pub. L. 106-78, title VII, Sec.

752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)

-REFTEXT-

REFERENCES IN TEXT

The Richard B. Russell National School Lunch Act, referred to in

text, is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which

is classified generally to chapter 13 (Sec. 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.

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-78 substituted "Richard B. Russell National

School Lunch Act" for "National School Lunch Act" wherever

appearing.

1996 - Subsec. (b). Pub. L. 104-193 redesignated par. (1) as

subsec. (b) and struck out pars. (2) to (4) which read as follows:

"(2) The Secretary shall develop and provide to State agencies,

for distribution to private elementary schools and to public

elementary schools through local educational agencies, model

language that bans the sale of competitive foods of minimal

nutritional value anywhere on elementary school grounds before the

end of the last lunch period.

"(3) The Secretary shall provide to State agencies, for

distribution to private secondary schools and to public secondary

schools through local educational agencies, a copy of regulations

(in existence on the effective date of this paragraph) concerning

the sale of competitive foods of minimal nutritional value.

"(4) Paragraphs (2) and (3) shall not apply to a State that has

in effect a ban on the sale of competitive foods of minimal

nutritional value in schools in the State."

1994 - Pub. L. 103-448 designated existing provisions as subsecs.

(a) to (c), realigned margins, and in subsec. (b) designated

existing provisions as par. (1), substituted "The regulations" for

"Such regulations", and added pars. (2) to (4).

1989 - Pub. L. 101-147 substituted "the Secretary" for "he"

before "may deem" in first sentence.

1977 - Pub. L. 95-166 inserted "approved by the Secretary" after

"competitive foods".

1972 - Pub. L. 92-433 inserted provision that regulations issued

under the section shall not prohibit the sale of competitive foods

in food service facilities or areas during the time of service of

food if the proceeds from the sales of such foods inures to the

benefit of the schools or organizations of students approved by the

school.

1970 - Pub. L. 91-248 provided that regulations under this

chapter and under the National School Lunch Act may include

provisions relating to the service of food in participating schools

and service institutions in competition with programs under this

chapter and the National School Lunch Act, provided for transfer of

funds by any State between programs authorized under this chapter

and under the National School Lunch Act, and provided for a reserve

of up to one percent of the funds available for apportionment to

any State to carry out special development projects.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-448 effective Oct. 1, 1994, see section

401 of Pub. L. 103-448, set out as a note under section 1755 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1759a, 1766 of this

title.

-End-

-CITE-

42 USC Sec. 1780 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1780. Prohibition against interference with school personnel,

curriculum, or instruction; prohibition against inclusion of

assistance in determining income or resources for purposes of

taxation, welfare, or public assistance programs

-STATUTE-

(a) In carrying out the provisions of sections 1772 and 1773 of

this title, the Secretary shall not impose any requirements with

respect to teaching personnel, curriculum, instruction, methods of

instruction, and materials of instruction.

(b) The value of assistance to children under this chapter shall

not be considered to be income or resources for any purpose under

any Federal or State laws including, but not limited to, laws

relating to taxation, welfare, and public assistance programs.

Expenditures of funds from State and local sources for the

maintenance of food programs for children shall not be diminished

as a result of funds received under this chapter.

-SOURCE-

(Pub. L. 89-642, Sec. 11, Oct. 11, 1966, 80 Stat. 889; Pub. L.

97-35, title VIII, Sec. 819(f), Aug. 13, 1981, 95 Stat. 533; Pub.

L. 104-193, title VII, Sec. 726, Aug. 22, 1996, 110 Stat. 2302.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-193 substituted "the Secretary

shall not" for "neither the Secretary nor the State shall".

1981 - Subsec. (a). Pub. L. 97-35 struck out reference to section

1774 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

820(a)(4) of Pub. L. 97-35, set out as a note under section 1753 of

this title.

-End-

-CITE-

42 USC Sec. 1781 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1781. Preschool programs

-STATUTE-

The Secretary may extend the benefits of all school feeding

programs conducted and supervised by the Department of Agriculture

to include preschool programs operated as part of the school

system.

-SOURCE-

(Pub. L. 89-642, Sec. 12, Oct 11, 1966, 80 Stat. 889.)

-End-

-CITE-

42 USC Sec. 1782 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1782. Centralization in Department of Agriculture of

administration of food service programs for children

-STATUTE-

Authority for the conduct and supervision of Federal programs to

assist schools in providing food service programs for children is

assigned to the Department of Agriculture. To the extent

practicable, other Federal agencies administering programs under

which funds are to be provided to schools for such assistance shall

transfer such funds to the Department of Agriculture for

distribution through the administrative channels and in accordance

with the standards established under this chapter and the Richard

B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.].

-SOURCE-

(Pub. L. 89-642, Sec. 13, Oct. 11, 1966, 80 Stat. 889; Pub. L.

106-78, title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)

-REFTEXT-

REFERENCES IN TEXT

The Richard B. Russell National School Lunch Act, referred to in

text, is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which

is classified generally to chapter 13 (Sec. 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.

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-78 substituted "Richard B. Russell National

School Lunch Act" for "National School Lunch Act".

-End-

-CITE-

42 USC Sec. 1783 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1783. Appropriations for administrative expense

-STATUTE-

There are hereby authorized to be appropriated for any fiscal

year such sums as may be necessary to the Secretary for the

Secretary's administrative expense under this chapter.

-SOURCE-

(Pub. L. 89-642, Sec. 14, Oct. 11, 1966, 80 Stat. 889; Pub. L.

101-147, title III, Sec. 324, Nov. 10, 1989, 103 Stat. 917.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-147 inserted "Appropriations for

administrative expense" as section catchline and substituted "are

hereby" for "is hereby" and "the Secretary's" for "his".

-End-

-CITE-

42 USC Sec. 1784 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1784. Definitions

-STATUTE-

For the purposes of this chapter -

(1) "State" means any of the fifty States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, or the Commonwealth of the Northern Mariana

Islands.

(2) "State educational agency" means, as the State legislature

may determine, (A) the chief State school officer (such as the

State superintendent of public instruction, commissioner of

education, or similar officer), or (B) a board of education

controlling the State department of education.

(3) "School" means (A) any public or nonprofit private school

of high school grade or under, including kindergarten and

preschool programs operated by such school, and (B) any public or

licensed nonprofit private residential child care institution

(including, but not limited to, orphanages and homes for the

mentally retarded, but excluding Job Corps Centers funded by the

Department of Labor). For purposes of clauses (A) and (B) of this

paragraph, the term "nonprofit", when applied to any such private

school or institution, means any such school or institution which

is exempt from tax under section 501(c)(3) of title 26.

(4) "Secretary" means the Secretary of Agriculture.

(5) "School year" means the annual period from July 1 through

June 30.

(6) Except as used in section 1786 of this title, the terms

"child" and "children" as used in this chapter, shall be deemed

to include persons regardless of age who are determined by the

State educational agency, in accordance with regulations

prescribed by the Secretary, to have 1 or more disabilities and

who are attending any nonresidential public or nonprofit private

school of high school grade or under for the purpose of

participating in a school program established for individuals

with disabilities.

(7) Disability. - The term "disability" has the meaning given

the term in the Rehabilitation Act of 1973 for purposes of title

II of that Act (29 U.S.C 760 et seq.).

-SOURCE-

(Pub. L. 89-642, Sec. 15, Oct. 11, 1966, 80 Stat. 889; Pub. L.

94-105, Secs. 15(c), 17(b), Oct. 7, 1975, 89 Stat. 522, 525; Pub.

L. 95-166, Sec. 20(5), Nov. 10, 1977, 91 Stat. 1346; Pub. L.

95-627, Sec. 10(c), (d)(3), Nov. 10, 1978, 92 Stat. 3624; Pub. L.

96-499, title II, Sec. 212, Dec. 5, 1980, 94 Stat. 2603; Pub. L.

97-35, title VIII, Sec. 808(b), Aug. 13, 1981, 95 Stat. 527; Pub.

L. 99-500, title III, Sec. 325(b), Oct. 18, 1986, 100 Stat.

1783-361, and Pub. L. 99-591, title III, Sec. 325(b), Oct. 30,

1986, 100 Stat. 3341-365; Pub. L. 99-661, div. D, title II, Sec.

4205(b), Nov. 14, 1986, 100 Stat. 4072; Pub. L. 100-71, title I,

Sec. 101(b), July 11, 1987, 101 Stat. 430; Pub. L. 101-147, title

III, Sec. 325, Nov. 10, 1989, 103 Stat. 917; Pub. L. 104-193, title

VII, Sec. 727, Aug. 22, 1996, 110 Stat. 2302; Pub. L. 105-336,

title I, Sec. 107(j)(3)(D), Oct. 31, 1998, 112 Stat. 3153.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in par. (7), is Pub.

L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,

Labor. Title II of the Act is classified generally to subchapter II

(Sec. 760 et seq.) of chapter 16 of Title 29. For complete

classification of this Act to the Code, see Short Title note set

out under section 701 of Title 29 and Tables.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-

AMENDMENTS

1998 - Par. (6). Pub. L. 105-336, Sec. 107(j)(3)(D)(i),

substituted "disabilities" for "mental or physical handicaps" in

two places.

Par. (7). Pub. L. 105-336, Sec. 107(j)(3)(D)(ii), added par. (7).

1996 - Par. (1). Pub. L. 104-193, Sec. 727(1), substituted "the

Commonwealth of the Northern Mariana Islands" for "Trust Territory

of the Pacific Islands".

Par. (3). Pub. L. 104-193, Sec. 727(2), inserted "and" before

"(B)" and struck out ", and (C) with respect to the Commonwealth of

Puerto Rico, nonprofit child care centers certified as such by the

Governor of Puerto Rico" before ". For purposes of clauses (A) and

(B)".

1989 - Pub. L. 101-147 redesignated subsecs. (a) through (f) as

pars. (1) through (6), respectively, in par. (2) redesignated

former pars. (1) and (2) as subpars. (A) and (B), respectively, in

par. (3) substituted "Internal Revenue Code of 1986" for "Internal

Revenue Code of 1954", which for purposes of codification was

translated as "title 26" thus requiring no change in text, and in

par. (6) substituted "to have 1 or more mental or physical

handicaps" for "to be mentally or physically handicapped" and "for

individuals with mental or physical handicaps" for "for mentally or

physically handicapped".

1987 - Subsec. (c). Pub. L. 100-71 amended subsec. (c) generally.

Prior to amendment, subsec. (c) read as follows: " 'School' means

(A) any public or nonprofit private school of high school grade or

under, including kindergarten and preschool programs operated by

such school, (B) any public or licensed nonprofit private

residential child care institution (including, but not limited to,

orphanages and homes for the mentally retarded, but excluding Job

Corps Centers funded by the Department of Labor), and (C) with

respect to the Commonwealth of Puerto Rico, nonprofit child care

centers certified as such by the Governor of Puerto Rico. For

purposes of clauses (A) and (B) of this subsection, the term

'nonprofit', when applied to any such private school or

institution, means any such school or institution which is exempt

from tax under section 501(c)(3) of title 26. On July 1, 1988, and

each July 1 thereafter, the Secretary shall adjust the tuition

limitation amount prescribed in clause (A) of the first sentence of

this paragraph to reflect changes in the Consumer Price Index for

All Urban Consumers during the most recent 12-month period for

which the data is available."

1986 - Subsec. (c). Pub. L. 99-661, Sec. 4205(b)(2), inserted "On

July 1, 1988, and on each July 1 thereafter, the Secretary shall

adjust the tuition limitation amount prescribed in clause (A) of

the first sentence of this paragraph to reflect the changes in the

Consumer Price Index for All Urban Consumers during the most recent

12-month period for which the data is available."

Subsec. (c)(A). Pub. L. 99-500 and Pub. L. 99-591, which directed

the amendment of subpar. (A) by striking out "except private

schools whose average yearly tuition exceeds $1,500 per child,"

after "such school" was executed by striking out "except private

schools whose average yearly tuition exceeds $2,000 per child,"

after "such school" to reflect the probable intent of Congress and

the intervening amendment of subpar. (A) by Pub. L. 99-661, Sec.

4205(b)(2). See below.

Pub. L. 99-661, Sec. 4205(b)(1), substituted "$2,000" for

"$1,500".

1981 - Subsec. (c). Pub. L. 97-35 inserted exception for private

schools whose average yearly tuition exceeds $1,500.

1980 - Subsec. (c). Pub. L. 96-499 inserted ", but excluding Job

Corps Centers funded by the Department of Labor" after "mentally

retarded".

1978 - Subsec. (e). Pub. L. 95-627, Sec. 10(c), substituted "from

July 1 through June 30" for "determined in accordance with

regulations issued by the Secretary".

Subsec. (f). Pub. L. 95-627, Sec. 10(d)(3), added subsec. (f).

1977 - Subsec. (e). Pub. L. 95-166 added subsec. (e).

1975 - Subsec. (a). Pub. L. 94-105, Sec. 15(c), included Trust

Territory of Pacific Islands in definition of "State".

Subsecs. (c) to (e). Pub. L. 94-105, Sec. 17(b), struck out

subsec. (c) which defined "Nonprofit private school" as any private

school exempt from income tax under section 501(c)(3) of title 26,

redesignated subsecs. (d) and (e) as (c) and (d) respectively, and

in subsec. (c) as so redesignated, inserted definition of "School"

any public or licensed nonprofit private residential child care

institution (including, but not limited to, orphanages and homes

for the mentally retarded), and provision defining "nonprofit" as

an exemption under section 501(c)(3) of title 26.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-336 effective Oct. 1, 1998, see section

401 of Pub. L. 105-336, set out as a note under section 1755 of

this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-71 effective July 1, 1987, see section

101(c) of Pub. L. 100-71, set out as a note under section 1760 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by section 4205(b)(1) of Pub. L. 99-661 applicable for

fiscal year beginning Oct. 1, 1986, and each school year

thereafter, and amendment by section 4205(b)(2) of Pub. L. 99-661

applicable for school year beginning July 1, 1988, and each school

year thereafter, see section 4205(c) of Pub. L. 99-661, set out as

a note under section 1760 of this title.

Amendment by Pub. L. 99-500 and Pub. L. 99-591 effective July 1,

1987, see section 325(c) of Pub. L. 99-500 and Pub. L. 99-591, set

out as a note under section 1760 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

820(a)(3) of Pub. L. 97-35, set out as a note under section 1753 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-627 effective Oct. 1, 1978, see section

14 of Pub. L. 95-627, set out as a note under section 1755 of this

title.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 20 of Pub. L. 95-166 provided that the amendment made by

that section is effective July 1, 1977.

-End-

-CITE-

42 USC Sec. 1785 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1785. Accounts and records; availability for inspection;

authority to settle, adjust, or waive claims

-STATUTE-

(a) States, State educational agencies, schools, and nonprofit

institutions participating in programs under this chapter shall

keep such accounts and records as may be necessary to enable the

Secretary to determine whether there has been compliance with this

chapter and the regulations hereunder. Such accounts and records

shall be available at any reasonable time for inspection and audit

by representatives of the Secretary and shall be preserved for such

period of time, not in excess of three years, as the Secretary

determines is necessary.

(b) With regard to any claim arising under this chapter or under

the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et

seq.], the Secretary shall have the authority to determine the

amount of, to settle and to adjust any such claim, and to

compromise or deny such claim or any part thereof. The Secretary

shall also have the authority to waive such claims if the Secretary

determines that to do so would serve the purposes of either this

chapter or the Richard B. Russell National School Lunch Act.

Nothing contained in this subsection shall be construed to diminish

the authority of the Attorney General of the United States under

section 516 of title 28 to conduct litigation on behalf of the

United States.

-SOURCE-

(Pub. L. 89-642, Sec. 16, Oct. 11, 1966, 80 Stat. 890; Pub. L.

97-35, title VIII, Sec. 816, Aug. 13, 1981, 95 Stat. 531; Pub. L.

104-193, title VII, Sec. 728, Aug. 22, 1996, 110 Stat. 2302; Pub.

L. 106-78, title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 Stat.

1170.)

-REFTEXT-

REFERENCES IN TEXT

The Richard B. Russell National School Lunch Act, referred to in

subsec. (b), is act June 4, 1946, ch. 281, 60 Stat. 230, as

amended, which is classified generally to chapter 13 (Sec. 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.

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-78 substituted "Richard B.

Russell National School Lunch Act" for "National School Lunch Act"

in two places.

1996 - Subsec. (a). Pub. L. 104-193 substituted "be available at

any reasonable time" for "at all times be available".

1981 - Pub. L. 97-35 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

820(a)(7)(C), of Pub. L. 97-35, set out as a note under section

1753 of this title.

STUDY OF COST ACCOUNTING REQUIREMENTS

Secretary prohibited from delaying or withholding or causing any

State to delay or withhold payments for reimbursement of per meal

costs on the basis of noncompliance with full cost accounting

procedure unless and until the Secretary has studied additional

personnel and training needs of States, local school districts and

schools resulting from imposition of requirement to implement full

cost accounting procedures, see section 21 of Pub. L. 94-105, set

out as a note under section 1760 of this title.

-End-

-CITE-

42 USC Sec. 1786 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1786. Special supplemental nutrition program for women,

infants, and children

-STATUTE-

(a) Congressional findings and declaration of purpose

Congress finds that substantial numbers of pregnant, postpartum,

and breastfeeding women, infants, and young children from families

with inadequate income are at special risk with respect to their

physical and mental health by reason of inadequate nutrition or

health care, or both. It is, therefore, the purpose of the program

authorized by this section to provide, up to the authorization

levels set forth in subsection (g) of this section, supplemental

foods and nutrition education through any eligible local agency

that applies for participation in the program. The program shall

serve as an adjunct to good health care, during critical times of

growth and development, to prevent the occurrence of health

problems, including drug abuse, and improve the health status of

these persons.

(b) Definitions

As used in this section -

(1) "Breastfeeding women" means women up to one year postpartum

who are breastfeeding their infants.

(2) "Children" means persons who have had their first birthday

but have not yet attained their fifth birthday.

(3) "Competent professional authority" means physicians,

nutritionists, registered nurses, dietitians, or State or local

medically trained health officials, or persons designated by

physicians or State or local medically trained health officials,

in accordance with standards prescribed by the Secretary, as

being competent professionally to evaluate nutritional risk.

(4) "Costs of nutrition services and administration" or

"nutrition services and administration" means costs that shall

include, but not be limited to, costs for certification of

eligibility of persons for participation in the program

(including centrifuges, measuring boards, spectrophotometers, and

scales used for the certification), food delivery, monitoring,

nutrition education, outreach, startup costs, and general

administration applicable to implementation of the program under

this section, such as the cost of staff, transportation,

insurance, developing and printing food instruments, and

administration of State and local agency offices.

(5) "Infants" means persons under one year of age.

(6) "Local agency" means a public health or welfare agency or a

private nonprofit health or welfare agency, which, directly or

through an agency or physician with which it has contracted,

provides health services. The term shall include an Indian tribe,

band, or group recognized by the Department of the Interior, the

Indian Health Service of the Department of Health and Human

Services, or an intertribal council or group that is an

authorized representative of Indian tribes, bands, or groups

recognized by the Department of the Interior.

(7) "Nutrition education" means individual or group sessions

and the provision of materials designed to improve health status

that achieve positive change in dietary habits, and emphasize

relationships between nutrition and health, all in keeping with

the individual's personal, cultural, and socioeconomic

preferences.

(8) "Nutritional risk" means (A) detrimental or abnormal

nutritional conditions detectable by biochemical or

anthropometric measurements, (B) other documented nutritionally

related medical conditions, (C) dietary deficiencies that impair

or endanger health, (D) conditions that directly affect the

nutritional health of a person, such as alcoholism or drug abuse,

or (E) conditions that predispose persons to inadequate

nutritional patterns or nutritionally related medical conditions,

including, but not limited to, homelessness and migrancy.

(9) "Plan of operation and administration" means a document

that describes the manner in which the State agency intends to

implement and operate the program.

(10) "Postpartum women" means women up to six months after

termination of pregnancy.

(11) "Pregnant women" means women determined to have one or

more fetuses in utero.

(12) "Secretary" means the Secretary of Agriculture.

(13) "State agency" means the health department or comparable

agency of each State; an Indian tribe, band, or group recognized

by the Department of the Interior; an intertribal council or

group that is the authorized representative of Indian tribes,

bands, or groups recognized by the Department of the Interior; or

the Indian Health Service of the Department of Health and Human

Services.

(14) "Supplemental foods" means those foods containing

nutrients determined by nutritional research to be lacking in the

diets of pregnant, breastfeeding, and postpartum women, infants,

and children, as prescribed by the Secretary. State agencies may,

with the approval of the Secretary, substitute different foods

providing the nutritional equivalent of foods prescribed by the

Secretary, to allow for different cultural eating patterns.

(15) "Homeless individual" means -

(A) an individual who lacks a fixed and regular nighttime

residence; or

(B) an individual whose primary nighttime residence is -

(i) a supervised publicly or privately operated shelter

(including a welfare hotel or congregate shelter) designed to

provide temporary living accommodations;

(ii) an institution that provides a temporary residence for

individuals intended to be institutionalized;

(iii) a temporary accommodation of not more than 365 days

in the residence of another individual; or

(iv) a public or private place not designed for, or

ordinarily used as, a regular sleeping accommodation for

human beings.

(16) "Drug abuse education" means -

(A) the provision of information concerning the dangers of

drug abuse; and

(B) the referral of participants who are suspected drug

abusers to drug abuse clinics, treatment programs, counselors,

or other drug abuse professionals.

(17) "Competitive bidding" means a procurement process under

which the Secretary or a State agency selects a single source (a

single infant formula manufacturer) offering the lowest price, as

determined by the submission of sealed bids, for a product for

which bids are sought for use in the program authorized by this

section.

(18) "Rebate" means the amount of money refunded under cost

containment procedures to any State agency from the manufacturer

or other supplier of the particular food product as the result of

the purchase of the supplemental food with a voucher or other

purchase instrument by a participant in each such agency's

program established under this section.

(19) "Discount" means, with respect to a State agency that

provides program foods to participants without the use of retail

grocery stores (such as a State that provides for the home

delivery or direct distribution of supplemental food), the amount

of the price reduction or other price concession provided to any

State agency by the manufacturer or other supplier of the

particular food product as the result of the purchase of program

food by each such State agency, or its representative, from the

supplier.

(20) "Net price" means the difference between the

manufacturer's wholesale price for infant formula and the rebate

level or the discount offered or provided by the manufacturer

under a cost containment contract entered into with the pertinent

State agency.

(21) Remote indian or native village. - The term "remote Indian

or Native village" means an Indian or Native village that -

(A) is located in a rural area;

(B) has a population of less than 5,000 inhabitants; and

(C) is not accessible year-around by means of a public road

(as defined in section 101 of title 23).

(c) Grants-in-aid; cash grants; ratable reduction of amount an

agency may distribute; affirmative action; regulations relating

to dual receipt of benefits under commodity supplemental food

program

(1) The Secretary may carry out a special supplemental nutrition

program to assist State agencies through grants-in-aid and other

means to provide, through local agencies, at no cost, supplemental

foods and nutrition education to low-income pregnant, postpartum,

and breastfeeding women, infants, and children who satisfy the

eligibility requirements specified in subsection (d) of this

section. The program shall be supplementary to -

(A) the food stamp program;

(B) any program under which foods are distributed to needy

families in lieu of food stamps; and

(C) receipt of food or meals from soup kitchens, or shelters,

or other forms of emergency food assistance.

(2) Subject to amounts appropriated to carry out this section

under subsection (g) of this section -

(A) the Secretary shall make cash grants to State agencies for

the purpose of administering the program, and

(B) any State agency approved eligible local agency that

applies to participate in or expand the program under this

section shall immediately be provided with the necessary funds to

carry out the program.

(3) Nothing in this subsection shall be construed to permit the

Secretary to reduce ratably the amount of foods that an eligible

local agency shall distribute under the program to participants.

The Secretary shall take affirmative action to ensure that the

program is instituted in areas most in need of supplemental foods.

The existence of a commodity supplemental food program under

section 4 of the Agriculture and Consumer Protection Act of 1973

shall not preclude the approval of an application from an eligible

local agency to participate in the program under this section nor

the operation of such program within the same geographic area as

that of the commodity supplemental food program, but the Secretary

shall issue such regulations as are necessary to prevent dual

receipt of benefits under the commodity supplemental food program

and the program under this section.

(4) A State shall be ineligible to participate in programs

authorized under this section if the Secretary determines that

State or local sales taxes are collected within the State on

purchases of food made to carry out this section.

(d) Eligible participants

(1) Participation in the program under this section shall be

limited to pregnant, postpartum, and breastfeeding women, infants,

and children from low-income families who are determined by a

competent professional authority to be at nutritional risk.

(2)(A) The Secretary shall establish income eligibility standards

to be used in conjunction with the nutritional risk criteria in

determining eligibility of individuals for participation in the

program. Any individual at nutritional risk shall be eligible for

the program under this section only if such individual -

(i) is a member of a family with an income that is less than

the maximum income limit prescribed under section 1758(b) of this

title for free and reduced price meals;

(ii)(I) receives food stamps under the Food Stamp Act of 1977

[7 U.S.C. 2011 et seq.]; or

(II) is a member of a family that receives assistance under the

State program funded under part A of title IV of the Social

Security Act [42 U.S.C. 601 et seq.] that the Secretary

determines complies with standards established by the Secretary

that ensure that the standards under the State program are

comparable to or more restrictive than those in effect on June 1,

1995; or

(iii)(I) receives medical assistance under title XIX of the

Social Security Act [42 U.S.C. 1396 et seq.]; or

(II) is a member of a family in which a pregnant woman or an

infant receives such assistance.

(B) For the purpose of determining income eligibility under this

section, any State agency may choose to exclude from income -

(i) any basic allowance -

(I) for housing received by military service personnel

residing off military installations; or

(II) provided under section 403 of title 37 for housing that

is acquired or constructed under subchapter IV of chapter 169

of title 10 or any related provision of law; and

(ii) any cost-of-living allowance provided under section 405 of

title 37 to a member of a uniformed service who is on duty

outside the contiguous States of the United States.

(C) In the case of a pregnant woman who is otherwise ineligible

for participation in the program because the family of the woman is

of insufficient size to meet the income eligibility standards of

the program, the pregnant woman shall be considered to have

satisfied the income eligibility standards if, by increasing the

number of individuals in the family of the woman by 1 individual,

the income eligibility standards would be met.

(3)(A) Persons shall be certified for participation in accordance

with general procedures prescribed by the Secretary.

(B) A State may consider pregnant women who meet the income

eligibility standards to be presumptively eligible to participate

in the program and may certify the women for participation

immediately, without delaying certification until an evaluation is

made concerning nutritional risk. A nutritional risk evaluation of

such a woman shall be completed not later than 60 days after the

woman is certified for participation. If it is subsequently

determined that the woman does not meet nutritional risk criteria,

the certification of the woman shall terminate on the date of the

determination.

(C) Physical presence. -

(i) In general. - Except as provided in clause (ii) and subject

to the requirements of the Americans with Disabilities Act of

1990 (42 U.S.C. 12101 et seq.) and section 794 of title 29, each

individual seeking certification or recertification for

participation in the program shall be physically present at each

certification or recertification determination in order to

determine eligibility under the program.

(ii) Waivers. - If the agency determines that the requirement

of clause (i) would present an unreasonable barrier to

participation, a local agency may waive the requirement of clause

(i) with respect to -

(I) an infant or child who -

(aa) was present at the initial certification visit; and

(bb) is receiving ongoing health care from a provider other

than the local agency; or

(II) an infant or child who -

(aa) was present at the initial certification visit;

(bb) was present at a certification or recertification

determination within the 1-year period ending on the date of

the certification or recertification determination described

in clause (i); and

(cc) has one or more parents who work.

(D) Income documentation. -

(i) In general. - Except as provided in clause (ii), in order

to participate in the program pursuant to clause (i) of paragraph

(2)(A), an individual seeking certification or recertification

for participation in the program shall provide documentation of

family income.

(ii) Waivers. - A State agency may waive the documentation

requirement of clause (i), in accordance with criteria

established by the Secretary, with respect to -

(I) an individual for whom the necessary documentation is not

available; or

(II) an individual, such as a homeless woman or child, for

whom the agency determines the requirement of clause (i) would

present an unreasonable barrier to participation.

(E) Adjunct documentation. - In order to participate in the

program pursuant to clause (ii) or (iii) of paragraph (2)(A), an

individual seeking certification or recertification for

participation in the program shall provide documentation of receipt

of assistance described in that clause.

(F) Proof of residency. - An individual residing in a remote

Indian or Native village or an individual served by an Indian

tribal organization and residing on a reservation or pueblo may,

under standards established by the Secretary, establish proof of

residency under this section by providing to the State agency the

mailing address of the individual and the name of the remote Indian

or Native village.

(e) Nutrition education and drug abuse education

(1) The State agency shall ensure that nutrition education and

drug abuse education is provided to all pregnant, postpartum, and

breastfeeding participants in the program and to parents or

caretakers of infant and child participants in the program. The

State agency may also provide nutrition education and drug abuse

education to pregnant, postpartum, and breastfeeding women and to

parents or caretakers of infants and children enrolled at local

agencies operating the program under this section who do not

participate in the program. A local agency participating in the

program shall provide education or educational materials relating

to the effects of drug and alcohol use by a pregnant, postpartum,

or breastfeeding woman on the developing child of the woman.

(2) The Secretary shall prescribe standards to ensure that

adequate nutrition education services and breastfeeding promotion

and support are provided. The State agency shall provide training

to persons providing nutrition education under this section.

(3) Nutrition education materials. -

(A) In general. - The Secretary shall, after submitting

proposed nutrition education materials to the Secretary of Health

and Human Services for comment, issue such materials for use in

the program under this section.

(B) Sharing of materials. - The Secretary may provide, in bulk

quantity, nutrition education materials (including materials

promoting breastfeeding) developed with funds made available for

the program authorized under this section to State agencies

administering the commodity supplemental food program authorized

under sections 4(a) and 5 of the Agriculture and Consumer

Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) at

no cost to that program.

(4) The State agency -

(A) shall provide each local agency with materials showing the

maximum income limits, according to family size, applicable to

pregnant women, infants, and children up to age 5 under the

medical assistance program established under title XIX of the

Social Security Act [42 U.S.C. 1396 et seq.] (in this section

referred to as the "medicaid program");

(B) shall provide to individuals applying for the program under

this section, or reapplying at the end of their certification

period, written information about the medicaid program and

referral to such program or to agencies authorized to determine

presumptive eligibility for such program, if such individuals are

not participating in such program and appear to have family

income below the applicable maximum income limits for such

program; and

(C) may provide a local agency with materials describing other

programs for which a participant in the program may be eligible.

(5) Each local agency shall maintain and make available for

distribution a list of local resources for substance abuse

counseling and treatment.

(f) Plan of operation and administration by State agency

(1)(A) Each State agency shall submit to the Secretary, by a date

specified by the Secretary, an initial plan of operation and

administration for a fiscal year. After submitting the initial

plan, a State shall be required to submit to the Secretary for

approval only a substantive change in the plan.

(B) To be eligible to receive funds under this section for a

fiscal year, a State agency must receive the approval of the

Secretary for the plan submitted for the fiscal year.

(C) The plan shall include -

(i) a description of the food delivery system of the State

agency and the method of enabling participants to receive

supplemental foods under the program, to be administered in

accordance with standards developed by the Secretary;

(ii) a description of the financial management system of the

State agency;

(iii) a plan to coordinate operations under the program with

other services or programs that may benefit participants in, and

applicants for, the program;

(iv) a plan to provide program benefits under this section to,

and to meet the special nutrition education needs of, eligible

migrants, homeless individuals, and Indians;

(v) a plan to expend funds to carry out the program during the

relevant fiscal year;

(vi) a plan to provide program benefits under this section to

unserved and underserved areas in the State (including a plan to

improve access to the program for participants and prospective

applicants who are employed, or who reside in rural areas), if

sufficient funds are available to carry out this clause;

(vii) a plan for reaching and enrolling eligible women in the

early months of pregnancy, including provisions to reach and

enroll eligible migrants;

(viii) a plan to provide program benefits under this section to

unserved infants and children under the care of foster parents,

protective services, or child welfare authorities, including

infants exposed to drugs perinatally;

(ix) a plan to provide nutrition education and promote

breastfeeding; and

(x) such other information as the Secretary may reasonably

require.

(D) The Secretary may not approve any plan that permits a person

to participate simultaneously in both the program authorized under

this section and the commodity supplemental food program authorized

under sections 4 and 5 of the Agriculture and Consumer Protection

Act of 1973 (7 U.S.C. 612c note).

(2) A State agency shall establish a procedure under which

members of the general public are provided an opportunity to

comment on the development of the State agency plan.

(3) The Secretary shall establish procedures under which eligible

migrants may, to the maximum extent feasible, continue to

participate in the program under this section when they are present

in States other than the State in which they were originally

certified for participation in the program and shall ensure that

local programs provide priority consideration to serving migrant

participants who are residing in the State for a limited period of

time. Each State agency shall be responsible for administering the

program for migrant populations within its jurisdiction.

(4) State agencies shall submit monthly financial reports and

participation data to the Secretary.

(5) State and local agencies operating under the program shall

keep such accounts and records, including medical records, as may

be necessary to enable the Secretary to determine whether there has

been compliance with this section and to determine and evaluate the

benefits of the nutritional assistance provided under this section.

Such accounts and records shall be available at any reasonable time

for inspection and audit by representatives of the Secretary and

shall be preserved for such period of time, not in excess of five

years, as the Secretary determines necessary.

(6)(A) Local agencies participating in the program under this

section shall notify persons of their eligibility or ineligibility

for the program within twenty days of the date that the household,

during office hours of a local agency, personally makes an oral or

written request to participate in the program. The Secretary shall

establish a shorter notification period for categories of persons

who, due to special nutritional risk conditions, must receive

benefits more expeditiously.

(B) State agencies may provide for the delivery of vouchers to

any participant who is not scheduled for nutrition education

counseling or a recertification interview through means, such as

mailing, that do not require the participant to travel to the local

agency to obtain vouchers. The State agency shall describe any

plans for issuance of vouchers by mail in its plan submitted under

paragraph (1). The Secretary may disapprove a State plan with

respect to the issuance of vouchers by mail in any specified

jurisdiction or part of a jurisdiction within a State only if the

Secretary finds that such issuance would pose a significant threat

to the integrity of the program under this section in such

jurisdiction or part of a jurisdiction.

(7)(A) The State agency shall, in cooperation with participating

local agencies, publicly announce and distribute information on the

availability of program benefits (including the eligibility

criteria for participation and the location of local agencies

operating the program) to offices and organizations that deal with

significant numbers of potentially eligible individuals (including

health and medical organizations, hospitals and clinics, welfare

and unemployment offices, social service agencies, farmworker

organizations, Indian tribal organizations, organizations and

agencies serving homeless individuals and shelters for victims of

domestic violence, and religious and community organizations in low

income areas).

(B) The information shall be publicly announced by the State

agency and by local agencies at least annually.

(C) The State agency and local agencies shall distribute the

information in a manner designed to provide the information to

potentially eligible individuals who are most in need of the

benefits, including pregnant women in the early months of

pregnancy.

(D) Each local agency operating the program within a hospital and

each local agency operating the program that has a cooperative

arrangement with a hospital shall -

(i) advise potentially eligible individuals that receive

inpatient or outpatient prenatal, maternity, or postpartum

services, or accompany a child under the age of 5 who receives

well-child services, of the availability of program benefits; and

(ii) to the extent feasible, provide an opportunity for

individuals who may be eligible to be certified within the

hospital for participation in such program.

(8)(A) The State agency shall grant a fair hearing, and a prompt

determination thereafter, in accordance with regulations issued by

the Secretary, to any applicant, participant, or local agency

aggrieved by the action of a State or local agency as it affects

participation.

(B) Any State agency that must suspend or terminate benefits to

any participant during the participant's certification period due

to a shortage of funds for the program shall first issue a notice

to such participant.

(9) If an individual certified as eligible for participation in

the program under this section in one area moves to another area in

which the program is operating, that individual's certification of

eligibility shall remain valid for the period for which the

individual was originally certified.

(10) The Secretary shall establish standards for the proper,

efficient, and effective administration of the program. If the

Secretary determines that a State agency has failed without good

cause to administer the program in a manner consistent with this

section or to implement the approved plan of operation and

administration under this subsection, the Secretary may withhold

such amounts of the State agency's funds for nutrition services and

administration as the Secretary deems appropriate. Upon correction

of such failure during a fiscal year by a State agency, any funds

so withheld for such fiscal year shall be provided the State

agency.

(11) The Secretary shall prescribe by regulation the supplemental

foods to be made available in the program under this section. To

the degree possible, the Secretary shall assure that the fat,

sugar, and salt content of the prescribed foods is appropriate.

(12) A competent professional authority shall be responsible for

prescribing the appropriate supplemental foods, taking into account

medical and nutritional conditions and cultural eating patterns,

and, in the case of homeless individuals, the special needs and

problems of such individuals.

(13) The State agency may (A) provide nutrition education,

breastfeeding promotion, and drug abuse education materials and

instruction in languages other than English and (B) use appropriate

foreign language materials in the administration of the program, in

areas in which a substantial number of low-income households speak

a language other than English.

(14) If a State agency determines that a member of a family has

received an overissuance of food benefits under the program

authorized by this section as the result of such member

intentionally making a false or misleading statement or

intentionally misrepresenting, concealing, or withholding facts,

the State agency shall recover, in cash, from such member an amount

that the State agency determines is equal to the value of the

overissued food benefits, unless the State agency determines that

the recovery of the benefits would not be cost effective.

(15) To be eligible to participate in the program authorized by

this section, a manufacturer of infant formula that supplies

formula for the program shall -

(A) register with the Secretary of Health and Human Services

under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et

seq.]; and

(B) before bidding for a State contract to supply infant

formula for the program, certify with the State health department

that the formula complies with such Act and regulations issued

pursuant to such Act.

(16) The State agency may adopt methods of delivering benefits to

accommodate the special needs and problems of homeless individuals.

(17) Notwithstanding subsection (d)(2)(A)(i) of this section, not

later than July 1 of each year, a State agency may implement income

eligibility guidelines under this section concurrently with the

implementation of income eligibility guidelines under the medicaid

program established under title XIX of the Social Security Act (42

U.S.C. 1396 et seq.).

(18) Each local agency participating in the program under this

section may provide information about other potential sources of

food assistance in the local area to individuals who apply in

person to participate in the program under this section, but who

cannot be served because the program is operating at capacity in

the local area.

(19) The State agency shall adopt policies that -

(A) require each local agency to attempt to contact each

pregnant woman who misses an appointment to apply for

participation in the program under this section, in order to

reschedule the appointment, unless the phone number and the

address of the woman are unavailable to such local agency; and

(B) in the case of local agencies that do not routinely

schedule appointments for individuals seeking to apply or be

recertified for participation in the program under this section,

require each such local agency to schedule appointments for each

employed individual seeking to apply or be recertified for

participation in such program so as to minimize the time each

such individual is absent from the workplace due to such

application or request for recertification.

(20) Each State agency shall conduct monitoring reviews of each

local agency at least biennially.

(21) Use of claims from vendors and participants. - A State

agency may use funds recovered from vendors and participants, as a

result of a claim arising under the program, to carry out the

program during -

(A) the fiscal year in which the claim arises;

(B) the fiscal year in which the funds are collected; and

(C) the fiscal year following the fiscal year in which the

funds are collected.

(22) The Secretary and the Secretary of Health and Human Services

shall carry out an initiative to assure that, in a case in which a

State medicaid program uses coordinated care providers under a

contract entered into under section 1903(m), or a waiver granted

under section 1915(b), of the Social Security Act (42 U.S.C.

1396b(m) or 1396n(b)), coordination between the program authorized

by this section and the medicaid program is continued, including -

(A) the referral of potentially eligible women, infants, and

children between the 2 programs; and

(B) the timely provision of medical information related to the

program authorized by this section to agencies carrying out the

program.

(23) Individuals participating at more than one site. - Each

State agency shall implement a system designed by the State agency

to identify individuals who are participating at more than one site

under the program.

(24) High risk vendors. - Each State agency shall -

(A) identify vendors that have a high probability of program

abuse; and

(B) conduct compliance investigations of the vendors.

(g) Authorization of appropriations; allocation of funds; estimate

of families having income below limit for participation

(1) There are authorized to be appropriated to carry out this

section $2,158,000,000 for the fiscal year 1990, and such sums as

may be necessary for each of the fiscal years 1995 through 2003. As

authorized by section 1752 of this title, appropriations to carry

out the provisions of this section may be made not more than 1 year

in advance of the beginning of the fiscal year in which the funds

will become available for disbursement to the States, and shall

remain available for the purposes for which appropriated until

expended.

(2)(A) Notwithstanding any other provision of law, unless enacted

in express limitation of this subparagraph, the Secretary -

(i) in the case of legislation providing funds through the end

of a fiscal year, shall issue -

(I) an initial allocation of funds provided by the enactment

of such legislation not later than the expiration of the 15-day

period beginning on the date of the enactment of such

legislation; and

(II) subsequent allocations of funds provided by the

enactment of such legislation not later than the beginning of

each of the second, third, and fourth quarters of the fiscal

year; and

(ii) in the case of legislation providing funds for a period

that ends prior to the end of a fiscal year, shall issue an

initial allocation of funds provided by the enactment of such

legislation not later than the expiration of the 10-day period

beginning on the date of the enactment of such legislation.

(B) In any fiscal year -

(i) unused amounts from a prior fiscal year that are identified

by the end of the first quarter of the fiscal year shall be

recovered and reallocated not later than the beginning of the

second quarter of the fiscal year; and

(ii) unused amounts from a prior fiscal year that are

identified after the end of the first quarter of the fiscal year

shall be recovered and reallocated on a timely basis.

(3) Notwithstanding any other provision of law, unless enacted in

express limitation of this paragraph -

(A) the allocation of funds required by paragraph (2)(A)(i)(I)

shall include not less than 1/3 of the amounts appropriated by

the legislation described in such paragraph;

(B) the allocations of funds required by paragraph

(2)(A)(i)(II) to be made not later than the beginning of the

second and third quarters of the fiscal year shall each include

not less than 1/4 of the amounts appropriated by the

legislation described in such paragraph; and

(C) in the case of the enactment of legislation providing

appropriations for a period of not more than 4 months, the

allocation of funds required by paragraph (2)(A)(ii) shall

include all amounts appropriated by such legislation except

amounts reserved by the Secretary for purposes of carrying out

paragraph (5).

(4) Of the sums appropriated for any fiscal year for programs

authorized under this section, not less than nine-tenths of 1

percent shall be available first for services to eligible members

of migrant populations. The migrant services shall be provided in a

manner consistent with the priority system of a State for program

participation.

(5) Of the sums appropriated for any fiscal year for the program

under this section, one-half of 1 percent, not to exceed

$5,000,000, shall be available to the Secretary for the purpose of

evaluating program performance, evaluating health benefits,

preparing reports on program participant characteristics, providing

technical assistance to improve State agency administrative

systems, administration of pilot projects, including projects

designed to meet the special needs of migrants, Indians, and rural

populations, and carrying out technical assistance and research

evaluation projects of the programs under this section.

(h) Funds for nutrition services and administration

(1)(A) Each fiscal year, the Secretary shall make available, from

amounts appropriated for such fiscal year under subsection (g)(1)

of this section and amounts remaining from amounts appropriated

under such subsection for the preceding fiscal year, an amount

sufficient to guarantee a national average per participant grant to

be allocated among State agencies for costs of nutrition services

and administration incurred by State and local agencies for such

year.

(B)(i) The amount of the national average per participant grant

for nutrition services and administration for any fiscal year shall

be an amount equal to the amount of the national average per

participant grant for nutrition services and administration issued

for the preceding fiscal year, as adjusted.

(ii) Such adjustment, for any fiscal year, shall be made by

revising the national average per participant grant for nutrition

services and administration for the preceding fiscal year to

reflect the percentage change between -

(I) the value of the index for State and local government

purchases, as published by the Bureau of Economic Analysis of the

Department of Commerce, for the 12-month period ending June 30 of

the second preceding fiscal year; and

(II) the best estimate that is available as of the start of the

fiscal year of the value of such index for the 12-month period

ending June 30 of the previous fiscal year.

(C) Remaining amounts. -

(i) In general. - Except as provided in clause (ii), in any

fiscal year, amounts remaining from amounts appropriated for such

fiscal year under subsection (g)(1) of this section and from

amounts appropriated under such section for the preceding fiscal

year, after carrying out subparagraph (A), shall be made

available for food benefits under this section, except to the

extent that such amounts are needed to carry out the purposes of

subsections (g)(4) and (g)(5) of this section.

(ii) Breast pumps. - A State agency may use amounts made

available under clause (i) for the purchase of breast pumps.

(2)(A) For each of the fiscal years 1995 through 2003, the

Secretary shall allocate to each State agency from the amount

described in paragraph (1)(A) an amount for costs of nutrition

services and administration on the basis of a formula prescribed by

the Secretary. Such formula -

(i) shall be designed to take into account -

(I) the varying needs of each State;

(II) the number of individuals participating in each State;

and

(III) other factors which serve to promote the proper,

efficient, and effective administration of the program under

this section;

(ii) shall provide for each State agency -

(I) an estimate of the number of participants for the fiscal

year involved; and

(II) a per participant grant for nutrition services and

administration for such year;

(iii) shall provide for a minimum grant amount for State

agencies; and

(iv) may provide funds to help defray reasonable anticipated

expenses associated with innovations in cost containment or

associated with procedures that tend to enhance competition.

(B)(i) Except as provided in clause (ii) and subparagraph (C), in

any fiscal year, the total amount allocated to a State agency for

costs of nutrition services and administration under the formula

prescribed by the Secretary under subparagraph (A) shall constitute

the State agency's operational level for such costs for such year

even if the number of participants in the program at such agency is

lower than the estimate provided under subparagraph (A)(ii)(I).

(ii) If a State agency's per participant expenditure for

nutrition services and administration is more than 10 percent

(except that the Secretary may establish a higher percentage for

State agencies that are small) higher than its per participant

grant for nutrition services and administration without good cause,

the Secretary may reduce such State agency's operational level for

costs of nutrition services and administration.

(C) In any fiscal year, the Secretary may reallocate amounts

provided to State agencies under subparagraph (A) for such fiscal

year. When reallocating amounts under the preceding sentence, the

Secretary may provide additional amounts to, or recover amounts

from, any State agency.

(3)(A) Except as provided in subparagraphs (B) and (C), in each

fiscal year, each State agency shall expend -

(i) for nutrition education activities and breastfeeding

promotion and support activities, an aggregate amount that is not

less than the sum of -

(I) 1/6 of the amounts expended by the State for costs of

nutrition services and administration; and

(II) except as otherwise provided in subparagraphs (F) and

(G), an amount equal to a proportionate share of the national

minimum breastfeeding promotion expenditure, as described in

subparagraph (E), with each State's share determined on the

basis of the number of pregnant women and breastfeeding women

in the program in the State as a percentage of the number of

pregnant women and breastfeeding women in the program in all

States; and

(ii) for breastfeeding promotion and support activities an

amount that is not less than the amount determined for such State

under clause (i)(II).

(B) The Secretary may authorize a State agency to expend an

amount less than the amount described in subparagraph (A)(ii) for

purposes of breastfeeding promotion and support activities if -

(i) the State agency so requests; and

(ii) the request is accompanied by documentation that other

funds will be used to conduct nutrition education activities at a

level commensurate with the level at which such activities would

be conducted if the amount described in subparagraph (A)(ii) were

expended for such activities.

(C) The Secretary may authorize a State agency to expend for

purposes of nutrition education an amount that is less than the

difference between the aggregate amount described in subparagraph

(A) and the amount expended by the State for breastfeeding

promotion and support programs if -

(i) the State agency so requests; and

(ii) the request is accompanied by documentation that other

funds will be used to conduct such activities.

(D) The Secretary shall limit to a minimal level any

documentation required under this paragraph.

(E) For each fiscal year, the national minimum breastfeeding

promotion expenditure means an amount that is -

(i) equal to $21 multiplied by the number of pregnant women and

breastfeeding women participating in the program nationwide,

based on the average number of pregnant women and breastfeeding

women so participating during the last 3 months for which the

Secretary has final data; and

(ii) adjusted for inflation on October 1, 1996, and each

October 1 thereafter, in accordance with paragraph (1)(B)(ii).

(4) The Secretary shall -

(A) in consultation with the Secretary of Health and Human

Services, develop a definition of breastfeeding for the purposes

of the program under this section;

(B) authorize the purchase of breastfeeding aids by State and

local agencies as an allowable expense under nutrition services

and administration;

(C) require each State agency to designate an agency staff

member to coordinate breastfeeding promotion efforts identified

in the State plan of operation and administration;

(D) require the State agency to provide training on the

promotion and management of breastfeeding to staff members of

local agencies who are responsible for counseling participants in

the program under this section concerning breastfeeding; and

(E) not later than 1 year after November 2, 1994, develop

uniform requirements for the collection of data regarding the

incidence and duration of breastfeeding among participants in the

program.

(5)(A) Subject to subparagraph (B), in any fiscal year that a

State agency submits a plan to reduce average food costs per

participant and to increase participation above the level estimated

for the State agency, the State agency may, with the approval of

the Secretary, convert amounts allocated for food benefits for such

fiscal year for costs of nutrition services and administration to

the extent that such conversion is necessary -

(i) to cover allowable expenditures in such fiscal year; and

(ii) to ensure that the State agency maintains the level

established for the per participant grant for nutrition services

and administration for such fiscal year.

(B) If a State agency increases its participation level through

measures that are not in the nutritional interests of participants

or not otherwise allowable (such as reducing the quantities of

foods provided for reasons not related to nutritional need), the

Secretary may refuse to allow the State agency to convert amounts

allocated for food benefits to defray costs of nutrition services

and administration.

(C) For the purposes of this paragraph, the term "acceptable

measures" includes use of cost containment measures, curtailment of

vendor abuse, and breastfeeding promotion activities.

(D) Remote indian or native villages. - For noncontiguous States

containing a significant number of remote Indian or Native

villages, a State agency may convert amounts allocated for food

benefits for a fiscal year to the costs of nutrition services and

administration to the extent that the conversion is necessary to

cover expenditures incurred in providing services (including the

full cost of air transportation and other transportation) to remote

Indian or Native villages and to provide breastfeeding support in

remote Indian or Native villages.

(6) In each fiscal year, each State agency shall provide, from

the amounts allocated to such agency for such year for costs of

nutrition services and administration, an amount to each local

agency for its costs of nutrition services and administration. The

amount to be provided to each local agency under the preceding

sentence shall be determined under allocation standards developed

by the State agency in cooperation with the several local agencies,

taking into account factors deemed appropriate to further proper,

efficient, and effective administration of the program, such as -

(A) local agency staffing needs;

(B) density of population;

(C) number of individuals served; and

(D) availability of administrative support from other sources.

(7) The State agency may provide in advance to any local agency

any amounts for nutrition services and administration deemed

necessary for successful commencement or significant expansion of

program operations during a reasonable period following approval of

-

(A) a new local agency;

(B) a new cost containment measure; or

(C) a significant change in an existing cost containment

measure.

(8)(A)(i) Except as provided in subparagraphs (B) and (C)(iii),

any State that provides for the purchase of foods under the program

at retail grocery stores shall, with respect to the procurement of

infant formula, use -

(I) a competitive bidding system; or

(II) any other cost containment measure that yields savings

equal to or greater than savings generated by a competitive

bidding system when such savings are determined by comparing the

amounts of savings that would be provided over the full term of

contracts offered in response to a single invitation to submit

both competitive bids and bids for other cost containment systems

for the sale of infant formula.

(ii) In determining whether a cost containment measure other than

competitive bidding yields equal or greater savings, the State, in

accordance with regulations issued by the Secretary, may take into

account other cost factors (in addition to rebate levels and

procedures for adjusting rebate levels when wholesale price levels

rise), such as -

(I) the number of infants who would not be expected to receive

the contract brand of infant formula under a competitive bidding

system;

(II) the number of cans of infant formula for which no rebate

would be provided under another rebate system; and

(III) differences in administrative costs relating to the

implementation of the various cost containment systems (such as

costs of converting a computer system for the purpose of

operating a cost containment system and costs of preparing

participants for conversion to a new or alternate cost

containment system).

(iii) Competitive bidding system. - A State agency using a

competitive bidding system for infant formula shall award contracts

to bidders offering the lowest net price unless the State agency

demonstrates to the satisfaction of the Secretary that the weighted

average retail price for different brands of infant formula in the

State does not vary by more than 5 percent.

(B)(i) The Secretary shall waive the requirement of subparagraph

(A) in the case of any State that demonstrates to the Secretary

that -

(I) compliance with subparagraph (A) would be inconsistent with

efficient or effective operation of the program operated by such

State under this section; or

(II) the amount by which the savings yielded by an alternative

cost containment system would be less than the savings yielded by

a competitive bidding system is sufficiently minimal that the

difference is not significant.

(ii) The Secretary shall prescribe criteria under which a waiver

may be granted pursuant to clause (i).

(iii) The Secretary shall provide information on a timely basis

to the Committee on Education and Labor of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate on waivers that have been granted under

clause (i).

(C)(i) The Secretary shall provide technical assistance to small

Indian State agencies carrying out this paragraph in order to

assist such agencies to achieve the maximum cost containment

savings feasible.

(ii) The Secretary shall also provide technical assistance, on

request, to State agencies that desire to consider a cost

containment system that covers more than 1 State agency.

(iii) The Secretary may waive the requirement of subparagraph (A)

in the case of any Indian State agency that has not more than 1,000

participants.

(D) No State may enter into a cost containment contract (in this

subparagraph referred to as the "original contract") that

prescribes conditions that would void, reduce the savings under, or

otherwise limit the original contract if the State solicited or

secured bids for, or entered into, a subsequent cost containment

contract to take effect after the expiration of the original

contract.

(E) The Secretary shall offer to solicit bids on behalf of State

agencies regarding cost-containment contracts to be entered into by

infant formula manufacturers and State agencies. The Secretary

shall make the offer to State agencies once every 12 months. Each

such bid solicitation shall only take place if two or more State

agencies request the Secretary to perform the solicitation. For

such State agencies, the Secretary shall solicit bids and select

the winning bidder for a cost containment contract to be entered

into by State agencies and infant formula manufacturers or

suppliers.

(F) In soliciting bids for contracts for infant formula for the

program authorized by this section, the Secretary shall solicit

bids from infant formula manufacturers under procedures in which

bids for rebates or discounts are solicited for milk-based and

soy-based infant formula, separately, except where the Secretary

determines that such solicitation procedures are not in the best

interest of the program.

(G) To reduce the costs of any supplemental foods, the Secretary

may make available additional funds to State agencies out of the

funds otherwise available under paragraph (1)(A) for nutrition

services and administration in an amount not exceeding one half of

1 percent of the amounts to help defray reasonable anticipated

expenses associated with innovations in cost containment or

associated with procedures that tend to enhance competition.

(H)(i) Any person, company, corporation, or other legal entity

that submits a bid to supply infant formula to carry out the

program authorized by this section and announces or otherwise

discloses the amount of the bid, or the rebate or discount

practices of such entities, in advance of the time the bids are

opened by the Secretary or the State agency, or any person,

company, corporation, or other legal entity that makes a statement

(prior to the opening of bids) relating to levels of rebates or

discounts, for the purpose of influencing a bid submitted by any

other person, shall be ineligible to submit bids to supply infant

formula to the program for the bidding in progress for up to 2

years from the date the bids are opened and shall be subject to a

civil penalty of up to $100,000,000, as determined by the Secretary

to provide restitution to the program for harm done to the program.

The Secretary shall issue regulations providing such person,

company, corporation, or other legal entity appropriate notice, and

an opportunity to be heard and to respond to charges.

(ii) The Secretary shall determine the length of the

disqualification, and the amount of the civil penalty referred to

in clause (i) based on such factors as the Secretary by regulation

determines appropriate.

(iii) Any person, company, corporation, or other legal entity

disqualified under clause (i) shall remain obligated to perform any

requirements under any contract to supply infant formula existing

at the time of the disqualification and until each such contract

expires by its terms.

(I) Not later than the expiration of the 180-day period beginning

on October 24, 1992, the Secretary shall prescribe regulations to

carry out this paragraph.

(J) A State shall not incur any interest liability to the Federal

Government on rebate funds for infant formula and other foods if

all interest earned by the State on the funds is used for program

purposes.

(9) For purposes of this subsection, the term "cost containment

measure" means a competitive bidding, rebate, direct distribution,

or home delivery system implemented by a State agency as described

in its approved plan of operation and administration.

(10)(A) For each of fiscal years 1995 through 2003, the Secretary

shall use for the purposes specified in subparagraph (B),

$10,000,000 or the amount of nutrition services and administration

funds and supplemental foods funds for the prior fiscal year that

has not been obligated, whichever is less.

(B) Funds under subparagraph (A) shall be used for -

(i) development of infrastructure for the program under this

section, including management information systems;

(ii) special State projects of regional or national

significance to improve the services of the program under this

section; and

(iii) special breastfeeding support and promotion projects,

including projects to assess the effectiveness of particular

breastfeeding promotion strategies and to develop State or local

agency capacity or facilities to provide quality breastfeeding

services.

(11) Consideration of price levels of retail stores for

participation in program. -

(A) In general. - For the purpose of promoting efficiency and

to contain costs under the program, a State agency shall, in

selecting a retail store for participation in the program, take

into consideration the prices that the store charges for foods

under the program as compared to the prices that other stores

charge for the foods.

(B) Subsequent price increases. - The State agency shall

establish procedures to ensure that a retail store selected for

participation in the program does not subsequently raise prices

to levels that would otherwise make the store ineligible for

participation in the program.

(12) Management information system plan. -

(A) In general. - In consultation with State agencies, vendors,

and other interested persons, the Secretary shall establish a

long-range plan for the development and implementation of

management information systems (including electronic benefit

transfers) to be used in carrying out the program.

(B) Report. - Not later than 2 years after October 31, 1998,

the Secretary shall submit to the Committee on Education and the

Workforce of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate a report on

actions taken to carry out subparagraph (A).

(C) Interim period. - Prior to the date of submission of the

report of the Secretary required under subparagraph (B), a State

agency may not require retail stores to pay the cost of systems

or equipment that may be required to test electronic benefit

transfer systems.

(i) Division of funds formula; reallocation of unspent funds; use

of State allocation to buy supplemental foods; use of amounts

available for succeeding fiscal year

(1) By the beginning of each fiscal year, the Secretary shall

divide, among the State agencies, the amounts made available for

food benefits under subsection (h)(1)(C) of this section on the

basis of a formula determined by the Secretary.

(2) Each State agency's allocation, as so determined, shall

constitute the State agency's authorized operational level for that

year, except that the Secretary shall reallocate funds periodically

if the Secretary determines that a State agency is unable to spend

its allocation.

(3)(A) Notwithstanding paragraph (2) and subject to subparagraph

(B) -

(i)(I) not more than 1 percent (except as provided in

subparagraph (C)) of the amount of funds allocated to a State

agency under this section for supplemental foods for a fiscal

year may be expended by the State agency for allowable expenses

incurred under this section for supplemental foods during the

preceding fiscal year; and

(II) not more than 1 percent of the amount of funds allocated

to a State agency under this section for nutrition services and

administration for a fiscal year may be expended by the State

agency for allowable expenses incurred under this section for

supplemental foods and nutrition services and administration

during the preceding fiscal year; and

(ii)(I) for each fiscal year, of the amounts allocated to a

State agency for nutrition services and administration, an amount

equal to not more than 1 percent of the amount allocated to the

State agency under this section for the fiscal year may be

expended by the State agency for allowable expenses incurred

under this section for nutrition services and administration

during the subsequent fiscal year; and

(II) for each fiscal year, of the amounts allocated to a State

agency for nutrition services and administration, an amount equal

to not more than 1/2 of 1 percent of the amount allocated to

the State agency under this section for the fiscal year may be

expended by the State agency, with the prior approval of the

Secretary, for the development of a management information

system, including an electronic benefit transfer system, during

the subsequent fiscal year.

(B) Any funds made available to a State agency in accordance with

subparagraph (A)(ii) for a fiscal year shall not affect the amount

of funds allocated to the State agency for such year.

(C) The Secretary may authorize a State agency to expend not more

than 3 percent of the amount of funds allocated to a State under

this section for supplemental foods for a fiscal year for expenses

incurred under this section for supplemental foods during the

preceding fiscal year, if the Secretary determines that there has

been a significant reduction in infant formula cost containment

savings provided to the State agency that would affect the ability

of the State agency to at least maintain the level of participation

by eligible participants served by the State agency.

(4) For purposes of the formula, if Indians are served by the

health department of a State, the formula shall be based on the

State population inclusive of the Indians within the State

boundaries.

(5) If Indians residing in the State are served by a State agency

other than the health department of the State, the population of

the tribes within the jurisdiction of the State being so served

shall not be included in the formula for such State, and shall

instead be included in the formula for the State agency serving the

Indians.

(6) Notwithstanding any other provision of this section, the

Secretary may use a portion of a State agency's allocation to

purchase supplemental foods for donation to the State agency under

this section.

(7) In addition to any amounts expended under paragraph

(3)(A)(i), any State agency using cost containment measures as

defined in subsection (h)(9) of this section may temporarily use

amounts made available to such agency for the first quarter of a

fiscal year to defray expenses for costs incurred during the final

quarter of the preceding fiscal year. In any fiscal year, any State

agency that uses amounts made available for a succeeding fiscal

year under the authority of the preceding sentence shall restore or

reimburse such amounts when such agency receives payment as a

result of its cost containment measures for such expenses.

(j) Initiative to provide program services at community and migrant

health centers

(1) The Secretary and the Secretary of Health and Human Services

(referred to in this subsection as the "Secretaries") shall jointly

establish and carry out an initiative for the purpose of providing

both supplemental foods and nutrition education under the special

supplemental nutrition program and health care services to

low-income pregnant, postpartum, and breastfeeding women, infants,

and children at substantially more community health centers and

migrant health centers.

(2) The initiative shall also include -

(A) activities to improve the coordination of the provision of

supplemental foods and nutrition education under the special

supplemental nutrition program and health care services at

facilities funded by the Indian Health Service; and

(B) the development and implementation of strategies to ensure

that, to the maximum extent feasible, new community health

centers, migrant health centers, and other federally supported

health care facilities established in medically underserved areas

provide supplemental foods and nutrition education under the

special supplemental nutrition program.

(3) The initiative may include -

(A) outreach and technical assistance for State and local

agencies and the facilities described in paragraph (2)(A) and the

health centers and facilities described in paragraph (2)(B);

(B) demonstration projects in selected State or local areas;

and

(C) such other activities as the Secretaries find are

appropriate.

(4)(A) Not later than April 1, 1995, the Secretaries shall

provide to Congress a notification concerning the actions the

Secretaries intend to take to carry out the initiative.

(B) Not later than July 1, 1996, the Secretaries shall provide to

Congress a notification concerning the actions the Secretaries are

taking under the initiative or actions the Secretaries intend to

take under the initiative as a result of their experience in

implementing the initiative.

(C) On completion of the initiative, the Secretaries shall

provide to Congress a notification concerning an evaluation of the

initiative by the Secretaries and a plan of the Secretaries to

further the goals of the initiative.

(5) As used in this subsection:

(A) The term "community health center" has the meaning given

the term in section 254c(a) (!1) of this title.

(B) The term "migrant health center" has the meaning given the

term in section 254b(a)(1) (!1) of this title.

(k) National Advisory Council on Maternal, Infant, and Fetal

Nutrition; establishment; membership; term; officers; meetings;

quorum; technical assistance by Secretary

(1) There is hereby established a National Advisory Council on

Maternal, Infant, and Fetal Nutrition (referred to in this

subsection as the "Council") composed of 24 members appointed by

the Secretary. One member shall be a State director of a program

under this section; one member shall be a State official

responsible for a commodity supplemental food program under section

1304 of the Food and Agriculture Act of 1977; one member shall be a

State fiscal officer of a program under this section (or the

equivalent thereof); one member shall be a State health officer (or

the equivalent thereof); one member shall be a local agency

director of a program under this section in an urban area; one

member shall be a local agency director of a program under this

section in a rural area; one member shall be a project director of

a commodity supplemental food program; one member shall be a State

public health nutrition director (or the equivalent thereof); one

member shall be a representative of an organization serving

migrants; one member shall be an official from a State agency

predominantly serving Indians; three members shall be parent

participants of a program under this section or of a commodity

supplemental food program; one member shall be a pediatrician; one

member shall be an obstetrician; one member shall be a

representative of a nonprofit public interest organization that has

experience with and knowledge of the special supplemental nutrition

program; one member shall be a person involved at the retail sales

level of food in the special supplemental nutrition program; two

members shall be officials of the Department of Health and Human

Services appointed by the Secretary of Health and Human Services;

two members shall be officials of the Department of Agriculture

appointed by the Secretary; 1 member shall be an expert in the

promotion of breast feeding; one member shall be an expert in drug

abuse education and prevention; and one member shall be an expert

in alcohol abuse education and prevention.

(2) Members of the Council appointed from outside the Department

of Agriculture and the Department of Health and Human Services

shall be appointed for terms not exceeding three years. State and

local officials shall serve only during their official tenure, and

the tenure of parent participants shall not exceed two years.

Persons appointed to complete an unexpired term shall serve only

for the remainder of such term.

(3) The Council shall elect a Chairman and a Vice Chairman. The

Council shall meet at the call of the Chairman, but shall meet at

least once a year. Eleven members shall constitute a quorum.

(4) The Secretary shall provide the Council with such technical

and other assistance, including secretarial and clerical

assistance, as may be required to carry out its functions.

(5) Members of the Council shall serve without compensation but

shall be reimbursed for necessary travel and subsistence expenses

incurred by them in the performance of the duties of the Council.

Parent participant members of the Council, in addition to

reimbursement for necessary travel and subsistence, shall, at the

discretion of the Secretary, be compensated in advance for other

personal expenses related to participation on the Council, such as

child care expenses and lost wages during scheduled Council

meetings.

(l) Donation of foods by Secretary

Foods available under section 1431 of title 7, including, but not

limited to, dry milk, or purchased under section 612c of title 7,

may be donated by the Secretary, at the request of a State agency,

for distribution to programs conducted under this section. The

Secretary may purchase and distribute, at the request of a State

agency, supplemental foods for donation to programs conducted under

this section, with appropriated funds, including funds appropriated

under this section.

(m) Women, infants, and children farmers' market nutrition program;

establishment, grants, etc.

(1) Subject to the availability of funds appropriated for the

purposes of this subsection, and as specified in this subsection,

the Secretary shall award grants to States that submit State plans

that are approved for the establishment or maintenance of programs

designed to provide recipients of assistance under subsection (c)

of this section, or those who are on the waiting list to receive

the assistance, with coupons that may be exchanged for fresh,

nutritious, unprepared foods at farmers' markets, as defined in the

State plans submitted under this subsection.

(2) A grant provided to any State under this subsection shall be

provided to the chief executive officer of the State, who shall -

(A) designate the appropriate State agency or agencies to

administer the program in conjunction with the appropriate

nonprofit organizations; and

(B) ensure coordination of the program among the appropriate

agencies and organizations.

(3) The Secretary shall not make a grant to any State under this

subsection unless the State agrees to provide State, local, or

private funds for the program in an amount that is equal to not

less than 30 percent of the total cost of the program, which may be

satisfied from program income or State contributions that are made

for similar programs. The Secretary may negotiate with an Indian

State agency a lower percentage of matching funds than is required

under the preceding sentence, but not lower than 10 percent of the

total cost of the program, if the Indian State agency demonstrates

to the Secretary financial hardship for the affected Indian tribe,

band, group, or council.

(4) Subject to paragraph (6), the Secretary shall establish a

formula for determining the amount of the grant to be awarded under

this subsection to each State for which a State plan is approved

under paragraph (6), according to the number of recipients proposed

to participate as specified in the State plan. In determining the

amount to be awarded to new States, the Secretary shall rank order

the State plans according to the criteria of operation set forth in

this subsection, and award grants accordingly. The Secretary shall

take into consideration the minimum amount needed to fund each

approved State plan, and need not award grants to each State that

submits a State plan.

(5) Each State that receives a grant under this subsection shall

ensure that the program for which the grant is received complies

with the following requirements:

(A) Individuals who are eligible to receive Federal benefits

under the program shall only be individuals who are receiving

assistance under subsection (c) of this section, or who are on

the waiting list to receive the assistance.

(B) Construction or operation of a farmers' market may not be

carried out using funds -

(i) provided under the grant; or

(ii) required to be provided by the State under paragraph

(3).

(C) The value of the Federal share of the benefits received by

any recipient under the program may not be -

(i) less than $10 per year; or

(ii) more than $20 per year.

(D) The coupon issuance process under the program shall be

designed to ensure that coupons are targeted to areas with -

(i) the highest concentration of eligible individuals;

(ii) the greatest access to farmers' markets; and

(iii) certain characteristics, in addition to those described

in clauses (i) and (ii), that are determined to be relevant by

the Secretary and that maximize the availability of benefits to

eligible individuals.

(E) The coupon redemption process under the program shall be

designed to ensure that the coupons may be -

(i) redeemed only by producers authorized by the State to

participate in the program; and

(ii) redeemed only to purchase fresh nutritious unprepared

food for human consumption.

(F)(i) Except as provided in clauses (ii) and (iii), the State

may use for administration of the program in any fiscal year not

more than 17 percent of the total amount of program funds.

(ii) During any fiscal year for which a State receives

assistance under this subsection, the Secretary shall permit the

State to use not more than 2 percent of total program funds for

market development or technical assistance to farmers' markets if

the Secretary determines that the State intends to promote the

development of farmers' markets in socially or economically

disadvantaged areas, or remote rural areas, where individuals

eligible for participation in the program have limited access to

locally grown fruits and vegetables.

(iii) The provisions of clauses (i) and (ii) with respect to

the use of program funds shall not apply to any funds that a

State may contribute in excess of the funds used by the State to

meet the requirements of paragraph (3).

(G) The State shall ensure that no State or local taxes are

collected within the State on purchases of food with coupons

distributed under the program.

(6)(A) The Secretary shall give the same preference for funding

under this subsection to eligible States that participated in the

program under this subsection in a prior fiscal year as to States

that participated in the program in the most recent fiscal year.

The Secretary shall inform each State of the award of funds as

prescribed by subparagraph (G) by February 15 of each year.

(B)(i) Subject to the availability of appropriations, if a State

provides the amount of matching funds required under paragraph (3),

the State shall receive assistance under this subsection in an

amount that is not less than the amount of such assistance that the

State received in the most recent fiscal year in which it received

such assistance.

(ii) If amounts appropriated for any fiscal year pursuant to the

authorization contained in paragraph (10) for grants under this

subsection are not sufficient to pay to each State for which a

State plan is approved under paragraph (6) the amount that the

Secretary determines each such State is entitled to under this

subsection, each State's grant shall be ratably reduced, except

that (if sufficient funds are available) each State shall receive

at least $75,000 or the amount that the State received for the

prior fiscal year if that amount is less than $75,000.

(C) In providing funds to a State that received assistance under

this subsection in the previous fiscal year, the Secretary shall

consider -

(i) the availability of any such assistance not spent by the

State during the program year for which the assistance was

received;

(ii) documentation that demonstrates that -

(I) there is a need for an increase in funds; and

(II) the use of the increased funding will be consistent with

serving nutritionally at-risk persons and expanding the

awareness and use of farmers' markets;

(iii) demonstrated ability to satisfactorily operate the

existing program; and

(iv) whether, in the case of a State that intends to use any

funding provided under subparagraph (G)(i) (!2) to increase the

value of the Federal share of the benefits received by a

recipient, the funding provided under subparagraph (G)(i) (!2)

will increase the rate of coupon redemption.

(D)(i) A State that desires to receive a grant under this

subsection shall submit, for each fiscal year, a State plan to the

Secretary by November 15 of each year.

(ii) Each State plan submitted under this paragraph shall contain

-

(I) the estimated cost of the program and the estimated number

of individuals to be served by the program;

(II) a description of the State plan for complying with the

requirements established in paragraph (5); and

(III) criteria developed by the State with respect to

authorization of producers to participate in the program.

(iii) The criteria developed by the State as required by clause

(ii)(III) shall require any authorized producer to sell fresh

nutritious unprepared foods (such as fruits and vegetables) to

recipients, in exchange for coupons distributed under the program.

(E) The Secretary shall establish objective criteria for the

approval and ranking of State plans submitted under this paragraph.

(F)(i) An amount equal to 75 percent of the funds available after

satisfying the requirements of subparagraph (B) shall be made

available to States participating in the program whose State plan

is approved by the Secretary. If this amount is greater than that

necessary to satisfy the approved State plans, the unallocated

amount shall be applied toward satisfying any unmet need of States

that have not participated in the program in the prior fiscal year,

and whose State plans have been approved.

(ii) An amount equal to 25 percent of the funds available after

satisfying the requirements of subparagraph (B) shall be made

available to States that have not participated in the program in

the prior fiscal year, and whose State plans have been approved by

the Secretary. If this amount is greater than that necessary to

satisfy the approved State plans for new States, the unallocated

amount shall be applied toward satisfying any unmet need of States

whose State plans have been approved.

(iii) In any fiscal year, any funds that remain unallocated after

satisfying the requirements of clauses (i) and (ii) shall be

reallocated in the following fiscal year according to procedures

established pursuant to paragraph (10)(B)(ii).

(7)(A) The value of the benefit received by any recipient under

any program for which a grant is received under this subsection may

not affect the eligibility or benefit levels for assistance under

other Federal or State programs.

(B) Any programs for which a grant is received under this

subsection shall be supplementary to the food stamp program carried

out under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) and to

any other Federal or State program under which foods are

distributed to needy families in lieu of food stamps.

(8) For each fiscal year, the Secretary shall collect from each

State that receives a grant under this subsection information

relating to -

(A) the number and type of recipients served by both Federal

and non-Federal benefits under the program for which the grant is

received;

(B) the rate of redemption of coupons distributed under the

program;

(C) the average amount distributed in coupons to each

recipient;

(D) the change in consumption of fresh fruits and vegetables by

recipients, if the information is available;

(E) the effects of the program on farmers' markets, if the

information is available; and

(F) any other information determined to be necessary by the

Secretary.

(9) Funding. -

(A) In general. -

(i) Authorization of appropriations. - There are authorized

to be appropriated to carry out this subsection $8,000,000 for

fiscal year 1994, $10,500,000 for fiscal year 1995, and such

sums as may be necessary for each of fiscal years 1996 through

2003.

(ii) Mandatory funding. - Not later than 30 days after May

13, 2002, of the funds of the Commodity Credit Corporation, the

Secretary shall make available to carry out this subsection

$15,000,000, to remain available until expended.

(B)(i)(I) Each State shall return to the Secretary any funds made

available to the State that are unobligated at the end of the

fiscal year for which the funds were originally allocated. The

unexpended funds shall be returned to the Secretary by February 1st

of the following fiscal year.

(II) Notwithstanding any other provision of this subsection, a

total of not more than 5 percent of funds made available to a State

for any fiscal year may be expended by the State to reimburse

expenses incurred for a program assisted under this subsection

during the preceding fiscal year.

(ii) The Secretary shall establish procedures to reallocate funds

that are returned under clause (i).

(10) For purposes of this subsection:

(A) The term "coupon" means a coupon, voucher, or other

negotiable financial instrument by which benefits under this

section are transferred.

(B) The term "program" means -

(i) the State farmers' market coupon nutrition program

authorized by this subsection (as it existed on September 30,

1991); or

(ii) the farmers' market nutrition program authorized by this

subsection.

(C) The term "recipient" means a person or household, as

determined by the State, who is chosen by a State to receive

benefits under this subsection, or who is on a waiting list to

receive such benefits.

(D) The term "State agency" has the meaning provided in

subsection (b)(13) of this section, except that the term also

includes the agriculture department of each State and any other

agency approved by the chief executive officer of the State.

(n) Disqualification of vendors who are disqualified under food

stamp program

(1) In general

The Secretary shall issue regulations providing criteria for

the disqualification under this section of an approved vendor

that is disqualified from accepting benefits under the food stamp

program established under the Food Stamp Act of 1977 (7 U.S.C.

2011 et seq.).

(2) Terms

A disqualification under paragraph (1) -

(A) shall be for the same period as the disqualification from

the program referred to in paragraph (1);

(B) may begin at a later date than the disqualification from

the program referred to in paragraph (1); and

(C) shall not be subject to judicial or administrative

review.

(o) Disqualification of vendors convicted of trafficking or illegal

sales

(1) In general

Except as provided in paragraph (4), a State agency shall

permanently disqualify from participation in the program

authorized under this section a vendor convicted of -

(A) trafficking in food instruments (including any voucher,

draft, check, or access device (including an electronic benefit

transfer card or personal identification number) issued in lieu

of a food instrument under this section); or

(B) selling firearms, ammunition, explosives, or controlled

substances (as defined in section 802 of title 21) in exchange

for food instruments (including any item described in

subparagraph (A) issued in lieu of a food instrument under this

section).

(2) Notice of disqualification

The State agency shall -

(A) provide the vendor with notification of the

disqualification; and

(B) make the disqualification effective on the date of

receipt of the notice of disqualification.

(3) Prohibition of receipt of lost revenues

A vendor shall not be entitled to receive any compensation for

revenues lost as a result of disqualification under this

subsection.

(4) Exceptions in lieu of disqualification

(A) In general

A State agency may permit a vendor that, but for this

paragraph, would be disqualified under paragraph (1), to

continue to participate in the program if the State agency

determines, in its sole discretion according to criteria

established by the Secretary, that -

(i) disqualification of the vendor would cause hardship to

participants in the program authorized under this section; or

(ii)(I) the vendor had, at the time of the violation under

paragraph (1), an effective policy and program in effect to

prevent violations described in paragraph (1); and

(II) the ownership of the vendor was not aware of, did not

approve of, and was not involved in the conduct of the

violation.

(B) Civil penalty

If a State agency under subparagraph (A) permits a vendor to

continue to participate in the program in lieu of

disqualification, the State agency shall assess the vendor a

civil penalty in an amount determined by the State agency, in

accordance with criteria established by the Secretary, except

that -

(i) the amount of the civil penalty shall not exceed

$10,000 for each violation; and

(ii) the amount of civil penalties imposed for violations

investigated as part of a single investigation may not exceed

$40,000.

(p) Criminal forfeiture

(1) In general

Notwithstanding any provision of State law and in addition to

any other penalty authorized by law, a court may order a person

that is convicted of a violation of a provision of law described

in paragraph (2), with respect to food instruments (including any

item described in subsection (o)(1)(A) of this section issued in

lieu of a food instrument under this section), funds, assets, or

property that have a value of $100 or more and that are the

subject of a grant or other form of assistance under this

section, to forfeit to the United States all property described

in paragraph (3).

(2) Applicable laws

A provision of law described in this paragraph is -

(A) section 1760(g) of this title; and

(B) any other Federal law imposing a penalty for

embezzlement, willful misapplication, stealing, obtaining by

fraud, or trafficking in food instruments (including any item

described in subsection (o)(1)(A) of this section issued in

lieu of a food instrument under this section), funds, assets,

or property.

(3) Property subject to forfeiture

The following property shall be subject to forfeiture under

paragraph (1):

(A) All property, real and personal, used in a transaction or

attempted transaction, to commit, or to facilitate the

commission of, a violation described in paragraph (1).

(B) All property, real and personal, constituting, derived

from, or traceable to any proceeds a person obtained directly

or indirectly as a result of a violation described in paragraph

(1).

(4) Procedures; interest of owner

Except as provided in paragraph (5), all property subject to

forfeiture under this subsection, any seizure or disposition of

the property, and any proceeding relating to the forfeiture,

seizure, or disposition shall be subject to section 853 of title

21, other than subsection (d) of that section.

(5) Proceeds

The proceeds from any sale of forfeited property and any

amounts forfeited under this subsection shall be used -

(A) first, to reimburse the Department of Justice, the

Department of the Treasury, and the United States Postal

Service for the costs incurred by the Departments or Service to

initiate and complete the forfeiture proceeding;

(B) second, to reimburse the Office of Inspector General of

the Department of Agriculture for any costs incurred by the

Office in the law enforcement effort resulting in the

forfeiture;

(C) third, to reimburse any Federal, State, or local law

enforcement agency for any costs incurred in the law

enforcement effort resulting in the forfeiture; and

(D) fourth, by the State agency to carry out approval,

reauthorization, and compliance investigations of vendors.

(q) Provision of technical assistance to Secretary of Defense

The Secretary of Agriculture shall provide technical assistance

to the Secretary of Defense, if so requested by the Secretary of

Defense, for the purpose of carrying out the overseas special

supplemental food program established under section 1060a(a) of

title 10.

(r) Demonstration project relating to use of the WIC program for

identification and enrollment of children in certain health

programs

(1) In general

In accordance with paragraph (2), the Secretary shall establish

a demonstration project in not more than 20 local agencies in one

State under which costs of nutrition services and administration

(as defined in subsection (b)(4) of this section) shall include

the costs of identification of children eligible for benefits

under, and the provision of enrollment assistance for children in

-

(A) the State medicaid program under title XIX of the Social

Security Act (42 U.S.C. 1396 et seq.); and

(B) the State children's health insurance program under title

XXI of that Act (42 U.S.C. 1397aa et seq.).

(2) State-related requirements

The State in which a demonstration project is established under

paragraph (1) -

(A) shall operate not fewer than 20 pilot site locations;

(B) as of the date of establishment of the demonstration

project -

(i) with respect to the programs referred to in

subparagraphs (A) and (B) of paragraph (1) -

(I) shall have in use a simplified application form with

a length of not more than two pages;

(II) shall accept mail-in applications; and

(III) shall permit enrollment in the program in a variety

of locations; and

(ii) shall have served as an original pilot site for the

program under this section; and

(C) as of December 31, 1998, shall have had -

(i) an infant mortality rate that is above the national

average; and

(ii) an overall rate of age-appropriate immunizations

against vaccine-preventable diseases that is below 80

percent.

(3) Termination of authority

The authority provided by this subsection terminates September

30, 2003.

-SOURCE-

(Pub. L. 89-642, Sec. 17, as added Pub. L. 92-433, Sec. 9, Sept.

26, 1972, 86 Stat. 729; amended Pub. L. 93-150, Sec. 6, Nov. 7,

1973, 87 Stat. 563; Pub. L. 93-326, Sec. 6, June 30, 1974, 88 Stat.

287; Pub. L. 94-28, May 28, 1975, 89 Stat. 96; Pub. L. 94-105, Sec.

14, Oct. 7, 1975, 89 Stat. 518; Pub. L. 95-166, Secs. 18, 20(6),

Nov. 10, 1977, 91 Stat. 1345, 1346; Pub. L. 95-627, Sec. 3, Nov.

10, 1978, 92 Stat. 3611; Pub. L. 96-108, title III, Sec. 301, Nov.

9, 1979, 93 Stat. 838; Pub. L. 96-499, title II, Sec. 203(d), Dec.

5, 1980, 94 Stat. 2601; Pub. L. 97-35, title VIII, Sec. 815, Aug.

13, 1981, 95 Stat. 531; Pub. L. 99-500, title III, Secs. 314, 341,

342(a), 343, 344(a), 345-348(a), 349-353(a), 372(b)(1), Oct. 18,

1986, 100 Stat. 1783-360, 1783-364 to 1783-367, 1783-369, and Pub.

L. 99-591, title III, Secs. 314, 341, 342(a), 343, 344(a),

345-348(a), 349-353(a), 372(b)(1), Oct. 30, 1986, 100 Stat.

3341-363, 3341-367 to 3341-370, 3341-372; Pub. L. 99-661, div. D,

title I, Sec. 4104, title III, Secs. 4301, 4302(a), 4303, 4304(a),

4305-4308(a), 4309-4313(a), title V, Sec. 4502(b)(1), Nov. 14,

1986, 100 Stat. 4071, 4075-4078, 4080; Pub. L. 100-71, title I,

July 11, 1987, 101 Stat. 425; Pub. L. 100-237, Secs. 8(a), (b), 9,

11, 12, Jan. 8, 1988, 101 Stat. 1740, 1741; Pub. L. 100-356, Sec.

3, June 28, 1988, 102 Stat. 669; Pub. L. 100-435, title II, Sec.

212, title V, Sec. 501(b), Sept. 19, 1988, 102 Stat. 1657, 1668;

Pub. L. 100-690, title III, Sec. 3201, Nov. 18, 1988, 102 Stat.

4246; Pub. L. 101-147, title I, Sec. 123(a), title II, Sec. 213(a),

title III, Sec. 326, Nov. 10, 1989, 103 Stat. 894, 912, 917; Pub.

L. 101-330, July 12, 1990, 104 Stat. 311; Pub. L. 102-314, Sec. 3,

July 2, 1992, 106 Stat. 280; Pub. L. 102-342, title II, Sec. 204,

Aug. 14, 1992, 106 Stat. 913; Pub. L. 102-512, title II, Secs.

203-207, Oct. 24, 1992, 106 Stat. 3364-3368; Pub. L. 103-448, title

II, Sec. 204(a)-(o)(1), (p)-(v)(11), (w)(1), Nov. 2, 1994, 108

Stat. 4738-4745; Pub. L. 104-66, title I, Sec. 1011(l), Dec. 21,

1995, 109 Stat. 710; Pub. L. 104-193, title I, Sec. 109(h), title

VII, Sec. 729(a)-(g)(1), (h)-(j), Aug. 22, 1996, 110 Stat. 2171,

2303-2305; Pub. L. 105-336, title II, Sec. 203(a)-(f)(1), (g)-(l),

(m)-(p)(1), (q), Oct. 31, 1998, 112 Stat. 3158-3165; Pub. L.

105-362, title I, Sec. 101(i), Nov. 10, 1998, 112 Stat. 3281; Pub.

L. 106-65, div. A, title VI, Sec. 674(e), Oct. 5, 1999, 113 Stat.

675; Pub. L. 106-78, title VII, Sec. 752(b)(16), Oct. 22, 1999, 113

Stat. 1170; Pub. L. 106-224, title II, Secs. 242(b)(1), (2),

244(a)-(e), June 20, 2000, 114 Stat. 411, 412, 421; Pub. L.

106-472, title III, Sec. 307(b), Nov. 9, 2000, 114 Stat. 2073; Pub.

L. 107-171, title IV, Secs. 4306(a), 4307(a), May 13, 2002, 116

Stat. 332.)

-REFTEXT-

REFERENCES IN TEXT

Sections 4 and 5 of the Agriculture and Consumer Protection Act

of 1973, referred to in subsecs. (c)(3), (e)(3)(B), and (f)(1)(D),

are sections 4 and 5 of Pub. L. 93-86, which are set out as notes

under section 612c of Title 7, Agriculture.

The Food Stamp Act of 1977, referred to in subsecs.

(d)(2)(A)(ii)(I), (m)(7)(B), and (n)(1), is Pub. L. 88-525, Aug.

31, 1964, 78 Stat. 703, as amended by Pub. L. 95-113, title XIII,

Sept. 29, 1977, 91 Stat. 958, which is classified generally to

chapter 51 (Sec. 2011 et seq.) of Title 7. For complete

classification of the Food Stamp Act of 1977 to the Code, see Short

Title note set out under section 2011 of Title 7 and Tables.

The Social Security Act, referred to in subsecs.

(d)(2)(A)(ii)(II), (iii)(I), (e)(4)(A), (f)(17), and (r)(1), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title

IV, title XIX, and title XXI of the Act are classified generally to

part A (Sec. 601 et seq.) of subchapter IV, subchapter XIX (Sec.

1396 et seq.), and subchapter XXI (Sec. 1397aa et seq.),

respectively, of chapter 7 of this title. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (d)(3)(C)(i), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, as amended, which is classified principally to chapter 126

(Sec. 12101 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

12101 of this title and Tables.

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(f)(15), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see section 301 of Title 21 and Tables.

Sections 254b and 254c of this title, referred to in subsec.

(j)(5), were in the original references to sections 329 and 330 of

the Public Health Service Act, act July 1, 1944, which were omitted

in the general amendment of subpart I (Sec. 254b et seq.) of part D

of subchapter II of chapter 6A of this title by Pub. L. 104-299,

Sec. 2, Oct. 11, 1996, 110 Stat. 3626. Sections 2 and 3(a) of Pub.

L. 104-299 enacted new sections 330 and 330A of act July 1, 1944,

which are classified, respectively, to sections 254b and 254c of

this title.

Section 1304 of the Food and Agriculture Act of 1977, referred to

in subsec. (k)(1), is section 1304 of Pub. L. 95-113, title XIII,

Sept. 29, 1977, 91 Stat. 980, which amended provisions set out as

notes under sections 612c and 1281 of Title 7, Agriculture.

Subparagraph (G)(i), referred to in subsec. (m)(6)(C)(iv),

meaning subpar. (G)(i) of subsec. (m)(6), was redesignated subpar.

(F)(i) of subsec. (m)(6) by Pub. L. 105-336, title II, Sec.

203(o)(3)(B), Oct. 31, 1998, 112 Stat. 3164.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(2)(B)(i). Pub. L. 107-171, Sec. 4306(a),

inserted hyphen after "basic allowance" and designated remainder of

cl. (i) as subcl. (I), substituted "or" for "and" after semicolon,

and added subcl. (II).

Subsec. (m)(9). Pub. L. 107-171, Sec. 4307(a), inserted par.

heading, subpar. (A) heading, and cl. (i) designation and heading

and added cl. (ii).

2000 - Subsec. (b)(4). Pub. L. 106-224, Sec. 242(b)(2)(A),

substituted "(4) 'Costs of nutrition services and administration'

or 'nutrition services and administration' means" for "(4) 'Costs

for nutrition services and administration' means".

Subsec. (b)(21). Pub. L. 106-224, Sec. 244(a), added par. (21).

Subsec. (d)(2)(B). Pub. L. 106-224, Sec. 244(b), designated part

of existing provisions as cl. (i), substituted "housing" for

"quarters", and added cl. (ii).

Subsec. (d)(2)(B)(ii). Pub. L. 106-472, Sec. 307(b)(1),

substituted "contiguous States of the" for "continental".

Subsec. (d)(3)(F). Pub. L. 106-224, Sec. 244(c), added subpar.

(F).

Subsec. (h)(1)(A). Pub. L. 106-224, Sec. 242(b)(2)(B),

substituted "costs of nutrition services and administration

incurred by State and local agencies" for "costs incurred by State

and local agencies for nutrition services and administration".

Subsec. (h)(1)(B)(i). Pub. L. 106-224, Sec. 244(d)(1),

substituted "the preceding fiscal year" for "the fiscal year 1987".

Subsec. (h)(1)(B)(ii). Pub. L. 106-224, Sec. 244(d)(2)(A),

substituted "the preceding fiscal year" for "the fiscal year 1987"

in introductory provisions.

Subsec. (h)(1)(B)(ii)(I). Pub. L. 106-224, Sec. 244(d)(2)(B),

added subcl. (I) and struck out former subcl. (I) which read as

follows: "the value of the index for State and local government

purchases, using the implicit price deflator, as published by the

Bureau of Economic Analysis of the Department of Commerce, for the

12-month period ending June 30, 1986; and".

Subsec. (h)(5)(D). Pub. L. 106-224, Sec. 244(e), added subpar.

(D).

Subsec. (r). Pub. L. 106-224, Sec. 242(b)(1), added subsec. (r).

Subsec. (r)(1). Pub. L. 106-472, Sec. 307(b)(2), substituted "not

more than 20 local agencies" for "at least 20 local agencies" in

introductory provisions.

1999 - Subsecs. (d)(2)(A)(i), (g)(1), (p)(2)(A). Pub. L. 106-78

made technical amendment to references in original act which appear

in text as references to sections 1752, 1758, and 1760 of this

title.

Subsec. (q). Pub. L. 106-65 added subsec. (q).

1998 - Subsec. (d)(3)(C) to (E). Pub. L. 105-336, Sec. 203(a),

added subpars. (C) to (E).

Subsec. (e)(1). Pub. L. 105-336, Sec. 203(b), inserted at end "A

local agency participating in the program shall provide education

or educational materials relating to the effects of drug and

alcohol use by a pregnant, postpartum, or breastfeeding woman on

the developing child of the woman."

Subsec. (e)(3). Pub. L. 105-336, Sec. 203(c), inserted par.

heading, designated existing provisions as subpar. (A) and inserted

heading, and added subpar. (B).

Subsec. (f)(21). Pub. L. 105-336, Sec. 203(d), amended par. (21)

generally. Prior to amendment, par. (21) read as follows: "A State

agency may use funds recovered as a result of violations in the

food delivery system of the program in the year in which the funds

are collected for the purpose of carrying out the program."

Subsec. (f)(23). Pub. L. 105-336, Sec. 203(e), added par. (23).

Subsec. (f)(24). Pub. L. 105-336, Sec. 203(f)(1), added par.

(24).

Subsec. (g)(1). Pub. L. 105-336, Sec. 203(g), substituted "2003"

for "1998".

Subsec. (h)(1)(C). Pub. L. 105-336, Sec. 203(h), inserted subpar.

heading, designated existing provisions as cl. (i), inserted

heading, substituted "Except as provided in clause (ii), in" for

"In", and added cl. (ii).

Subsec. (h)(2)(A). Pub. L. 105-336, Sec. 203(i)(1), substituted

"2003" for "1998" in introductory provisions.

Subsec. (h)(2)(A)(iv). Pub. L. 105-336, Sec. 203(i)(2), struck

out ", to the extent funds are not already provided under

subparagraph (I)(v) for the same purpose," after "may provide

funds".

Subsec. (h)(2)(B)(ii). Pub. L. 105-336, Sec. 203(i)(3),

substituted "10 percent (except that the Secretary may establish a

higher percentage for State agencies that are small)" for "15

percent".

Subsec. (h)(3)(E). Pub. L. 105-336, Sec. 203(i)(4)(A), in

introductory provisions, substituted "For each fiscal year," for

"In the case of fiscal year 1996 (except as provided in

subparagraph (G)) and each subsequent fiscal year,".

Subsec. (h)(3)(F), (G). Pub. L. 105-336, Sec. 203(i)(4)(B),

struck out subpar. (F) which provided for adjusted payments in lieu

of required payments for fiscal year 1995 and subpar. (G) which

provided for delay of required payments for fiscal year 1996 and

for adjusted payments in lieu of required payments for fiscal year

1996.

Subsec. (h)(5)(A). Pub. L. 105-336, Sec. 203(i)(5), in

introductory provisions, substituted "submits a plan to reduce

average food costs per participant and to increase participation

above the level estimated for the State agency, the State agency

may, with the approval of the Secretary," for "achieves, through

use of acceptable measures, participation that exceeds the

participation level estimated for such State agency under paragraph

(2)(A)(ii)(I), such State agency may".

Subsec. (h)(8)(A)(iii). Pub. L. 105-336, Sec. 203(j), added cl.

(iii).

Subsec. (h)(10)(A). Pub. L. 105-336, Sec. 203(k), (n)(2)(A),

substituted "2003" for "1998" and inserted "and supplemental foods

funds" after "nutrition services and administration funds".

Subsec. (h)(11). Pub. L. 105-336, Sec. 203(l), added par. (11).

Subsec. (h)(12). Pub. L. 105-336, Sec. 203(m), added par. (12).

Subsec. (i)(3)(A). Pub. L. 105-336, Sec. 203(n)(1)(A),

substituted "subparagraph (B)" for "subparagraphs (B) and (C)" in

introductory provisions.

Subsec. (i)(3)(A)(i), (ii). Pub. L. 105-336, Sec. 203(n)(1)(B),

added cls. (i) and (ii) and struck out former cls. (i) and (ii)

which read as follows:

"(i) not more than 1 percent (except as provided in subparagraph

(H)) of the amount of funds allocated to a State agency under this

section for supplemental foods for a fiscal year may be expended by

the State agency for expenses incurred under this section for

supplemental foods during the preceding fiscal year; and

"(ii) not more than 1 percent of the amount of funds allocated to

a State agency for a fiscal year under this section may be expended

by the State agency during the subsequent fiscal year."

Subsec. (i)(3)(C) to (H). Pub. L. 105-336, Sec. 203(n)(2)(B),

redesignated subpar. (H) as (C) and struck out former subpars. (C)

to (G) which read as follows:

"(C) The total amount of funds transferred from any fiscal year

under clauses (i) and (ii) of subparagraph (A) shall not exceed 1

percent of the amount of the funds allocated to a State agency for

such fiscal year.

"(D) For State agencies implementing cost containment measures as

defined in subsection (h)(9) of this section, not more than 5

percent of the amount of funds allocated under this section to such

a State agency for supplemental foods for the fiscal year in which

the system is implemented, and not more than 3 percent of the

amount of funds allocated to such a State agency for the fiscal

year following the fiscal year in which the system is implemented,

may be expended by the State agency for expenses incurred under

this section for supplemental foods during the succeeding fiscal

year.

"(E) Notwithstanding any other provision in this paragraph and

paragraph (2) a State agency may, subject to the approval of the

Secretary under subparagraph (F), expend not more than 3 percent of

the amount of funds allocated to such agency for supplemental foods

for the fiscal year 1991 for expenses incurred under this section

for supplemental foods during the fiscal year 1990.

"(F) Each State agency which intends to use the authority

provided in subparagraph (E) shall request approval from the

Secretary in advance and shall submit a plan showing how the

State's caseload will be managed to meet funding limitations. The

Secretary shall review and make determinations on such plans on an

expedited basis.

"(G) No State can use the authority provided under subparagraph

(E) to increase the caseload level above the highest level to date

in fiscal year 1990."

Subsec. (k)(4) to (6). Pub. L. 105-362 redesignated pars. (5) and

(6) as (4) and (5), respectively, and struck out former par. (4)

which read as follows: "The Council shall make a continuing study

of the operation of the program under this section and related

programs to determine how the program may be improved. The Council

shall submit once every two years to the President and Congress,

beginning with the fiscal year ending September 30, 1980, a written

report, together with its recommendations on such program

operations."

Subsec. (m)(3). Pub. L. 105-336, Sec. 203(o)(1), inserted

"program income or" after "satisfied from" in first sentence.

Subsec. (m)(6)(C). Pub. L. 105-336, Sec. 203(o)(2)(A), struck out

"serve additional recipients in" after "In providing funds to" in

introductory provisions.

Subsec. (m)(6)(C)(ii). Pub. L. 105-336, Sec. 203(o)(2)(B), added

cl. (ii) and struck out former cl. (ii) which read as follows:

"documentation that justifies the need for an increase in

participation; and".

Subsec. (m)(6)(C)(iii), (iv). Pub. L. 105-336, Sec. 203(o)(2)(C),

(D), substituted "; and" for period at end of cl. (iii) and added

cl. (iv).

Subsec. (m)(6)(F). Pub. L. 105-336, Sec. 203(o)(3), redesignated

subpar. (G) as (F) and struck out former subpar. (F) which listed

criteria for Secretary to apply in approving and ranking State

plans.

Subsec. (m)(6)(F)(i). Pub. L. 105-336, Sec. 203(o)(4)(A), in

first sentence, substituted "whose State plan" for "that wish to

serve additional recipients, and whose State plan to do so" and, in

second sentence, struck out "for additional recipients" after

"approved State plans".

Subsec. (m)(6)(F)(ii). Pub. L. 105-336, Sec. 203(o)(4)(B), struck

out "that desire to serve additional recipients, and" after "need

of States" in second sentence.

Subsec. (m)(6)(G). Pub. L. 105-336, Sec. 203(o)(3)(B),

redesignated subpar. (G) as (F).

Subsec. (m)(9)(A). Pub. L. 105-336, Sec. 203(o)(5), substituted

"2003" for "1998".

Subsec. (o). Pub. L. 105-336, Sec. 203(p)(1), added subsec. (o).

Subsec. (p). Pub. L. 105-336, Sec. 203(q), added subsec. (p).

1996 - Subsec. (b)(15)(B)(iii). Pub. L. 104-193, Sec. 729(a)(1),

inserted "of not more than 365 days" after "temporary

accommodation".

Subsec. (b)(16). Pub. L. 104-193, Sec. 729(a)(2), inserted "and"

at end of subpar. (A), substituted a period for "; and" at end of

subpar. (B), and struck out subpar. (C) which read as follows: "the

provision of materials developed by the Secretary under subsection

(n) of this section."

Subsec. (c)(5). Pub. L. 104-193, Sec. 729(b), struck out par. (5)

which read as follows: "The Secretary shall promote the special

supplemental nutrition program by producing and distributing

materials, including television and radio public service

announcements in English and other appropriate languages, that

inform potentially eligible individuals of the benefits and

services under the program."

Subsec. (d)(2)(A)(ii)(II). Pub. L. 104-193, Sec. 109(h),

substituted "State program funded" for "program for aid to families

with dependent children established" and inserted before semicolon

"that the Secretary determines complies with standards established

by the Secretary that ensure that the standards under the State

program are comparable to or more restrictive than those in effect

on June 1, 1995".

Subsec. (d)(4). Pub. L. 104-193, Sec. 729(c), struck out par. (4)

which read as follows: "The Secretary shall report biennially to

Congress and the National Advisory Council on Maternal, Infant, and

Fetal Nutrition established under subsection (k) of this section on

-

"(A) the income and nutritional risk characteristics of

participants in the program;

"(B) participation in the program by members of families of

migrant farmworkers; and

"(C) such other matters relating to participation in the

program as the Secretary considers appropriate."

Subsec. (e)(2). Pub. L. 104-193, Sec. 729(d)(1), struck out at

end "Nutrition education and breastfeeding promotion and support

shall be evaluated annually by each State agency, and such

evaluation shall include the views of participants concerning the

effectiveness of the nutrition education and breastfeeding

promotion and support they have received."

Subsec. (e)(4). Pub. L. 104-193, Sec. 729(d)(2), struck out

"shall" after "State agency" in introductory provisions, struck out

subpar. (A), redesignated subpars. (B) and (C) as (A) and (B),

respectively, inserted "shall" before "provide" in subpars. (A) and

(B), and added subpar. (C). Prior to amendment, subpar. (A) read as

follows: "ensure that written information concerning food stamps,

the program for aid to families with dependent children under part

A of title IV of the Social Security Act, and the child support

enforcement program under part D of title IV of the Social Security

Act is provided on at least 1 occasion to each adult participant in

and each applicant for the program;".

Subsec. (e)(5). Pub. L. 104-193, Sec. 729(d)(3), substituted

"Each local agency" for "The State agency shall ensure that each

local agency".

Subsec. (e)(6). Pub. L. 104-193, Sec. 729(d)(4), struck out par.

(6) which read as follows: "Each local agency may use a master file

to document and monitor the provision of nutrition education

services (other than the initial provision of such services) to

individuals that are required, under standards prescribed by the

Secretary, to be included by the agency in group nutrition

education classes."

Subsec. (f)(1)(A). Pub. L. 104-193, Sec. 729(e)(1)(A),

substituted "to the Secretary, by a date specified by the

Secretary, an initial" for "annually to the Secretary, by a date

specified by the Secretary, a" and inserted at end "After

submitting the initial plan, a State shall be required to submit to

the Secretary for approval only a substantive change in the plan."

Subsec. (f)(1)(C)(iii). Pub. L. 104-193, Sec. 729(e)(1)(B)(i),

added cl. (iii) and struck out former cl. (iii) which read as

follows: "a plan to coordinate operations under the program with

special counseling services, such as the expanded food and

nutrition education program, immunization programs, local programs

for breastfeeding promotion, prenatal care, well-child care, family

planning, drug abuse education, alcohol and drug abuse counseling

and treatment, child abuse counseling, and with the aid to families

with dependent children, food stamp, maternal and child health

care, and medicaid programs, including medicaid programs that use

coordinated care providers under a contract entered into under

section 1903(m), or a waiver granted under section 1915(b), of the

Social Security Act (42 U.S.C. 1396b(m) or 1396n(b)) (including

coordination through the referral of potentially eligible women,

infants, and children between the program authorized under this

section and the medicaid program);".

Subsec. (f)(1)(C)(vi). Pub. L. 104-193, Sec. 729(e)(1)(B)(ii),

inserted "(including a plan to improve access to the program for

participants and prospective applicants who are employed, or who

reside in rural areas)" after "in the State".

Subsec. (f)(1)(C)(vii). Pub. L. 104-193, Sec. 729(e)(1)(B)(iii),

substituted "for reaching and enrolling" for "to provide program

benefits under this section to eligible individuals most in need of

the benefits and to provide eligible individuals not participating

in the program with information on the program, the eligibility

criteria for the program, and how to apply for the program, with

emphasis on reaching and enrolling".

Subsec. (f)(1)(C)(ix). Pub. L. 104-193, Sec. 729(e)(1)(B)(vii),

inserted "and" at end.

Pub. L. 104-193, Sec. 729(e)(1)(B)(iv), (vi), redesignated cl.

(xi) as (ix) and struck out former cl. (ix) which read as follows:

"if the State agency chooses to provide program benefits under this

section to some or all eligible individuals who are incarcerated in

prisons or juvenile detention facilities that do not receive

Federal assistance under any program specifically established to

assist pregnant women regarding their nutrition and health needs, a

plan for the provision of such benefits to, and to meet the special

nutrition education needs of, such individuals, which may include -

"(I) providing supplemental foods to such individuals that are

different from those provided to other participants in the

program under this section;

"(II) providing such foods to such individuals in a different

manner than to other participants in the program under this

section in order to meet the special needs of such individuals;

and

"(III) the development of nutrition education materials

appropriate for the special needs of such individuals;".

Subsec. (f)(1)(C)(x). Pub. L. 104-193, Sec. 729(e)(1)(B)(iv),

(vi), redesignated cl. (xiii) as (x) and struck out former cl. (x)

which read as follows: "a plan to improve access to the program for

participants and prospective applicants who are employed, or who

reside in rural areas, by addressing their special needs through

the adoption or revision of procedures and practices to minimize

the time participants and applicants must spend away from work and

the distances that participants and applicants must travel,

including appointment scheduling, adjustment of clinic hours,

clinic locations, or mailing of multiple vouchers;".

Subsec. (f)(1)(C)(xi). Pub. L. 104-193, Sec. 729(e)(1)(B)(vi),

redesignated cl. (xi) as (ix).

Subsec. (f)(1)(C)(xii). Pub. L. 104-193, Sec. 729(e)(1)(B)(iv),

struck out cl. (xii) which read as follows: "if the State agency

chooses to request the funds conversion authority established in

clause (h)(5) of this section, an estimate of the increased

participation which will result from its cost-saving initiative,

including an explanation of how the estimate was developed; and".

Subsec. (f)(1)(C)(xiii). Pub. L. 104-193, Sec. 729(e)(1)(B)(vi),

redesignated cl. (xiii) as (x).

Pub. L. 104-193, Sec. 729(e)(1)(B)(v), substituted "may

reasonably require" for "may require".

Subsec. (f)(1)(D), (E). Pub. L. 104-193, Sec. 729(e)(1)(C), (D),

redesignated subpar. (E) as (D) and struck out former subpar. (D)

which read as follows: "The Secretary may permit a State agency to

submit only those parts of a plan that differ from plans submitted

for previous fiscal years."

Subsec. (f)(5). Pub. L. 104-193, Sec. 729(e)(3), substituted "be

available at any reasonable time" for "at all times be available"

in second sentence.

Subsec. (f)(6). Pub. L. 104-193, Sec. 729(e)(2), (10),

redesignated par. (7) as (6) and struck out former par. (6) which

read as follows: "The State agency, upon receipt of a completed

application from a local agency for participation in the program

(and the Secretary, upon receipt of a completed application from a

State agency), shall notify the applicant agency in writing within

thirty days of the approval or disapproval of the application, and

any disapproval shall be accompanied with a statement of the

reasons for such disapproval. Within fifteen days after receipt of

an incomplete application, the State agency (or the Secretary)

shall notify the applicant agency of the additional information

needed to complete the application."

Subsec. (f)(7), (8). Pub. L. 104-193, Sec. 729(e)(10),

redesignated pars. (8) and (9) as (7) and (8), respectively. Former

par. (7) redesignated (6).

Subsec. (f)(9). Pub. L. 104-193, Sec. 729(e)(10), redesignated

par. (10) as (9). Former par. (9) redesignated (8).

Subsec. (f)(9)(B). Pub. L. 104-193, Sec. 729(e)(4), struck out at

end "Such notice shall include, in addition to other information

required by the Secretary, the categories of participants whose

benefits are being suspended or terminated due to such shortage."

Subsec. (f)(10). Pub. L. 104-193, Sec. 729(e)(10), redesignated

par. (11) as (10). Former par. (10) redesignated (9).

Subsec. (f)(11). Pub. L. 104-193, Sec. 729(e)(10), redesignated

par. (12) as (11). Former par. (11) redesignated (10).

Pub. L. 104-193, Sec. 729(e)(5), struck out ", including

standards that will ensure sufficient State agency staff" after

"program" in first sentence.

Subsec. (f)(12). Pub. L. 104-193, Sec. 729(e)(10), redesignated

par. (13) as (12). Former par. (12) redesignated (11).

Pub. L. 104-193, Sec. 729(e)(6), struck out at end "Products

specifically designed for pregnant, postpartum, and breastfeeding

women, or infants shall be available at the discretion of the

Secretary if the products are commercially available or are

justified to and approved by the Secretary based on clinical tests

performed in accordance with standards prescribed by the

Secretary."

Subsec. (f)(13). Pub. L. 104-193, Sec. 729(e)(10), redesignated

par. (14) as (13). Former par. (13) redesignated (12).

Subsec. (f)(14). Pub. L. 104-193, Sec. 729(e)(10), redesignated

par. (15) as (14). Former par. (14) redesignated (13).

Pub. L. 104-193, Sec. 729(e)(7), substituted "State agency may"

for "State agency shall".

Subsec. (f)(15), (16). Pub. L. 104-193, Sec. 729(e)(10),

redesignated pars. (16) and (17) as (15) and (16), respectively.

Former par. (15) redesignated (14).

Subsec. (f)(17). Pub. L. 104-193, Sec. 729(e)(10), redesignated

par. (18) as (17). Former par. (17) redesignated (16).

Pub. L. 104-193, Sec. 729(e)(8), struck out "and to accommodate

the special needs and problems of individuals who are incarcerated

in prisons or juvenile detention facilities" before period at end.

Subsec. (f)(18). Pub. L. 104-193, Sec. 729(e)(10), redesignated

par. (19) as (18). Former par. (18) redesignated (17).

Subsec. (f)(19). Pub. L. 104-193, Sec. 729(e)(10), redesignated

par. (20) as (19). Former par. (19) redesignated (18).

Pub. L. 104-193, Sec. 729(e)(9), substituted "may provide

information" for "shall provide information".

Subsec. (f)(20), (21). Pub. L. 104-193, Sec. 729(e)(10),

redesignated pars. (23) and (21) as (21) and (20), respectively.

Former par. (20) redesignated (19).

Subsec. (f)(22). Pub. L. 104-193, Sec. 729(e)(10), redesignated

par. (24) as (22).

Pub. L. 104-193, Sec. 729(e)(2), struck out par. (22) which read

as follows: "In the State plan submitted to the Secretary for

fiscal year 1994, each State agency shall advise the Secretary

regarding the procedures to be used by the State agency to reduce

the purchase of low-iron infant formula for infants on the program

for whom such formula has not been prescribed by a physician or

other appropriate health professional, as determined by regulations

issued by the Secretary."

Subsec. (f)(23), (24). Pub. L. 104-193, Sec. 729(e)(10),

redesignated pars. (23) and (24) as (21) and (22), respectively.

Subsec. (g)(5). Pub. L. 104-193, Sec. 729(f)(1), substituted

"reports on program participant characteristics" for "the report

required under subsection (d)(4) of this section".

Subsec. (g)(6). Pub. L. 104-193, Sec. 729(f)(2), struck out par.

(6) which read as follows: "Upon the completion of the 1990

decennial census, the Secretary, in coordination with the Secretary

of Commerce, shall make available an estimate, by State and county

(or equivalent political subdivision) of the number of women,

infants, and children who are members of families that have incomes

below the maximum income limit for participation in the program

under this section."

Subsec. (h)(4)(E). Pub. L. 104-193, Sec. 729(g)(1)(A), struck out

"and, on development of the uniform requirements, require each

State agency to report the data for inclusion in the report to

Congress described in subsection (d)(4) of this section" before

period at end.

Subsec. (h)(8)(A). Pub. L. 104-193, Sec. 729(g)(1)(B)(i), (iv),

redesignated subpar. (B) as (A) and struck out former subpar. (A)

which read as follows: "No State may receive its allocation under

this subsection unless on or before August 30, 1989 (or a

subsequent date established by the Secretary for any State) such

State has -

"(i) examined the feasibility of implementing cost containment

measures with respect to procurement of infant formula, and,

where practicable, other foods necessary to carry out the program

under this section; and

"(ii) initiated action to implement such measures unless the

State demonstrates, to the satisfaction of the Secretary, that

such measures would not lower costs or would interfere with the

delivery of formula or foods to participants in the program."

Subsec. (h)(8)(A)(i). Pub. L. 104-193, Sec. 729(g)(1)(B)(v), in

introductory provisions substituted "subparagraphs (B) and

(C)(iii)," for "subparagraphs (C), (D), and (E)(iii), in carrying

out subparagraph (A),".

Subsec. (h)(8)(B). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),

redesignated subpar. (D) as (B). Former subpar. (B) redesignated

(A).

Subsec. (h)(8)(B)(i). Pub. L. 104-193, Sec. 729(g)(1)(B)(vi),

substituted "subparagraph (A)" for "subparagraph (B)" in two

places.

Subsec. (h)(8)(C). Pub. L. 104-193, Sec. 729(g)(1)(B)(i), (iv),

redesignated subpar. (E) as (C) and struck out former subpar. (C)

which read as follows: "In the case of any State that has a

contract in effect on November 10, 1989, subparagraph (B) shall not

apply to the program operated by such State under this section

until the term of such contract, as such term is specified by the

contract as in effect on November 10, 1989, expires. In the case of

any State that has more than 1 such contract in effect on November

10, 1989, subparagraph (B) shall not apply until the term of the

contract with the latest expiration date, as such term is specified

by such contract as in effect on November 10, 1989, expires."

Subsec. (h)(8)(C)(iii). Pub. L. 104-193, Sec. 729(g)(1)(B)(vii),

substituted "subparagraph (A)" for "subparagraph (B)".

Subsec. (h)(8)(D) to (F). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),

redesignated subpars. (F) to (H) as (D) to (F). Former subpars. (D)

and (E) redesignated (B) and (C), respectively.

Subsec. (h)(8)(G). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),

redesignated subpar. (I) as (G). Former subpar. (G) redesignated

(E).

Pub. L. 104-193, Sec. 729(g)(1)(B)(ii), designated cl. (i) as

subpar. (G) and struck out cls. (ii) to (ix) which related to

procedures for soliciting bids on behalf of State agencies

regarding cost-containment contracts to be entered into by infant

formula and cereal manufacturers and State agencies.

Subsec. (h)(8)(H). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),

redesignated subpar. (J) as (H). Former subpar. (H) redesignated

(F).

Subsec. (h)(8)(I). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),

redesignated subpar. (K) as (I). Former subpar. (I) redesignated

(G).

Pub. L. 104-193, Sec. 729(g)(1)(B)(iii), substituted "Secretary

may" for "Secretary -

"(i) shall promote, but not require, the joint purchase of

infant formula among State agencies electing not to participate

under the procedures set forth in subparagraph (G);

"(ii) shall encourage and promote (but not require) the

purchase of supplemental foods other than infant formula under

cost containment procedures;

"(iii) shall inform State agencies of the benefits of cost

containment and provide assistance and technical advice at State

agency request regarding the State agency's use of cost

containment procedures;

"(iv) shall encourage (but not require) the joint purchase of

supplemental foods other than infant formula under procedures

specified in subparagraph (B), if the Secretary determines that -

"(I) the anticipated savings are expected to be significant;

"(II) the administrative expenses involved in purchasing the

food item through competitive bidding procedures, whether under

a rebate or discount system, will not exceed the savings

anticipated to be generated by the procedures; and

"(III) the procedures would be consistent with the purposes

of the program; and

"(v) may".

Subsec. (h)(8)(J) to (L). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),

redesignated subpars. (J) to (L) as (H) to (J), respectively.

Subsec. (h)(8)(M). Pub. L. 104-193, Sec. 729(g)(1)(B)(i), struck

out subpar. (M) which read as follows:

"(M)(i) The Secretary shall establish pilot projects in at least

1 State, with the consent of the State, to determine the

feasibility and cost of requiring States to carry out a system for

using universal product codes to assist retail food stores that are

vendors under the program in providing the type of infant formula

that the participants in the program are authorized to obtain. In

carrying out the projects, the Secretary shall determine whether

the system reduces the incidence of incorrect redemptions of

low-iron formula or brands of infant formula not authorized to be

redeemed through the program, or both.

"(ii) The Secretary shall provide a notification to the Committee

on Education and Labor of the House of Representatives and the

Committee on Agriculture, Nutrition, and Forestry of the Senate

regarding whether the system is feasible, is cost-effective,

reduces the incidence of incorrect redemptions described in clause

(i), and results in any additional costs to States.

"(iii) The system shall not require a vendor under the program to

obtain special equipment and shall not be applicable to a vendor

that does not have equipment that can use universal product codes."

Subsec. (k)(3). Pub. L. 104-193, Sec. 729(h), substituted

"Council shall elect" for "Secretary shall designate".

Subsec. (n). Pub. L. 104-193, Sec. 729(i), (j), added heading and

text of subsec. (n) and struck out former subsec. (n) which related

to study of methods of drug abuse education instruction.

Subsecs. (o), (p). Pub. L. 104-193, Sec. 729(i), struck out

subsecs. (o) and (p) which related, respectively, to demonstration

program for establishment of clinics at community colleges offering

nursing education programs and grants for improvement and updating

of information and data systems.

1995 - Subsec. (m)(9) to (11). Pub. L. 104-66 redesignated pars.

(10) and (11) as (9) and (10), respectively, and struck out former

par. (9) which read as follows:

"(9)(A) The Secretary shall submit to the Committee on Education

and Labor and the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate a compilation of the information collected

under paragraph (8).

"(B) The compilation required by subparagraph (A) shall be

submitted on or before April 1, 1994."

1994 - Pub. L. 103-448, Sec. 204(w)(1)(A), substituted "Special

supplemental nutrition program for women, infants, and children"

for "Special supplemental food program" in section catchline.

Subsec. (b)(8)(D). Pub. L. 103-448, Sec. 204(a)(2), added subpar.

(D). Former subpar. (D) redesignated (E).

Subsec. (b)(8)(E). Pub. L. 103-448, Sec. 204(a)(1), (3),

redesignated subpar. (D) as (E) and substituted "homelessness and

migrancy" for "alcoholism and drug addiction, homelessness, and

migrancy".

Subsec. (c)(1). Pub. L. 103-448, Sec. 204(w)(1)(B), substituted

"special supplemental nutrition program" for "special supplemental

food program" in first sentence.

Subsec. (c)(5). Pub. L. 103-448, Sec. 204(b), added par. (5).

Subsec. (d)(2)(C). Pub. L. 103-448, Sec. 204(c)(1), added subpar.

(C).

Subsec. (d)(3). Pub. L. 103-448, Sec. 204(c)(2), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (d)(4). Pub. L. 103-448, Sec. 204(t)(1), inserted "and

the National Advisory Council on Maternal, Infant, and Fetal

Nutrition established under subsection (k) of this section" after

"Congress" in introductory provisions.

Subsec. (e)(3) to (6). Pub. L. 103-448, Sec. 204(d), redesignated

par. (3) relating to State agency providing information and

materials as par. (4) and former pars. (4) and (5) as (5) and (6),

respectively.

Subsec. (f)(1)(C)(iii). Pub. L. 103-448, Sec. 204(e), inserted

before semicolon at end ", including medicaid programs that use

coordinated care providers under a contract entered into under

section 1903(m), or a waiver granted under section 1915(b), of the

Social Security Act (42 U.S.C. 1396b(m) or 1396n(b)) (including

coordination through the referral of potentially eligible women,

infants, and children between the program authorized under this

section and the medicaid program)".

Subsec. (f)(3). Pub. L. 103-448, Sec. 204(f), inserted before

period at end "and shall ensure that local programs provide

priority consideration to serving migrant participants who are

residing in the State for a limited period of time".

Subsec. (f)(18). Pub. L. 103-448, Sec. 204(g), amended par. (18)

generally. Prior to amendment, par. (18) read as follows:

"(18)(A) Except as provided in subparagraph (B), a State agency

may implement income eligibility guidelines under this section at

the time the State implements income eligibility guidelines under

the medicaid program.

"(B) Income eligibility guidelines under this section shall be

implemented not later than July 1 of each year."

Subsec. (f)(23), (24). Pub. L. 103-448, Sec. 204(h), (i), added

pars. (23) and (24).

Subsec. (g). Pub. L. 103-448, Sec. 204(j)(1), (k), in par. (1)

substituted "fiscal years 1995 through 1998" for "fiscal years

1991, 1992, 1993, and 1994" and in par. (5) struck out "and" before

"administration" and inserted before period at end ", and carrying

out technical assistance and research evaluation projects of the

programs under this section".

Subsec. (h)(2)(A). Pub. L. 103-448, Sec. 204(j)(2), substituted

"fiscal years 1995 through 1998" for "fiscal years 1990, 1991,

1992, 1993 and 1994".

Subsec. (h)(3). Pub. L. 103-448, Sec. 204(l), substituted "except

as otherwise provided in subparagraphs (F) and (G), an amount" for

"an amount" and "the national minimum breastfeeding promotion

expenditure, as described in subparagraph (E)" for "$8,000,000" in

subpar. (A)(i)(II) and added subpars. (E) to (G).

Subsec. (h)(4)(E). Pub. L. 103-448, Sec. 204(m), added subpar.

(E).

Subsec. (h)(8). Pub. L. 103-448, Sec. 204(n), (o)(1), (p), (q),

substituted "on a timely basis" for "at 6-month intervals" in

subpar. (D)(iii) and added subpars. (G)(ix), (L), and (M).

Subsec. (h)(10). Pub. L. 103-448, Sec. 204(r), added par. (10).

Subsec. (i)(3). Pub. L. 103-448, Sec. 204(s), inserted "(except

as provided in subparagraph (H))" after "1 percent" in subpar.

(A)(i) and added subpar. (H).

Subsec. (j). Pub. L. 103-448, Sec. 204(t)(2), (u), added subsec.

(j) and struck out former subsec. (j) which read as follows: "By

October 1 of every other year, the Secretary shall prepare a report

describing plans to ensure that, to the maximum extent feasible,

eligible members of migrant populations continue to participate in

the program as such persons move among States. The report shall be

made available to the National Advisory Council on Maternal,

Infant, and Fetal Nutrition."

Subsec. (k)(1). Pub. L. 103-448, Sec. 204(w)(1)(C), substituted

"special supplemental nutrition program" for "special supplemental

food program" in two places.

Subsec. (m)(3). Pub. L. 103-448, Sec. 204(v)(1), inserted at end

"The Secretary may negotiate with an Indian State agency a lower

percentage of matching funds than is required under the preceding

sentence, but not lower than 10 percent of the total cost of the

program, if the Indian State agency demonstrates to the Secretary

financial hardship for the affected Indian tribe, band, group, or

council."

Subsec. (m)(5)(F)(i). Pub. L. 103-448, Sec. 204(v)(2)(A),

substituted "17 percent" for "15 percent".

Subsec. (m)(5)(F)(ii). Pub. L. 103-448, Sec. 204(v)(2)(B), added

cl. (ii) and struck out former cl. (ii) which read as follows:

"During the first fiscal year for which a State receives assistance

under this subsection, the Secretary shall permit the State to use

2 percent of the total program funds for administration of the

program in addition to the amount the State is permitted to use

under clause (i). During any fiscal year other than the first

fiscal year for which a State receives assistance under this

subsection, upon the showing by the State of financial need, the

Secretary may permit the State to use not more than 2 percent of

the total program funds for administration of the program in

addition to the amount the State is permitted to use under clause

(i)."

Subsec. (m)(5)(F)(iii). Pub. L. 103-448, Sec. 204(v)(2)(C),

struck out "for the administration of the program" after "use of

program funds".

Subsec. (m)(6)(A). Pub. L. 103-448, Sec. 204(v)(3), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "Each State that received assistance under the

demonstration program authorized by this subsection in a fiscal

year ending before October 1, 1991, shall receive assistance under

this subsection if the State complies with the requirements

established by this subsection, as determined by the Secretary."

Subsec. (m)(6)(B)(ii). Pub. L. 103-448, Sec. 204(v)(4),

substituted "$75,000" for "$50,000" in two places.

Subsec. (m)(6)(D)(i). Pub. L. 103-448, Sec. 204(v)(5),

substituted "by November 15 of each year" for "at such time and in

such manner as the Secretary may reasonably require".

Subsec. (m)(6)(G). Pub. L. 103-448, Sec. 204(v)(6), substituted

"75 percent" for "45 to 55 percent" in cl. (i) and "25 percent" for

"45 to 55 percent" in cl. (ii).

Subsec. (m)(8)(D), (E). Pub. L. 103-448, Sec. 204(v)(7), added

subpars. (D) and (E) and struck out former subpars. (D) and (E)

which read as follows:

"(D) when practicable, the impact on the nutritional status of

recipients by determining the change in consumption of fresh fruits

and vegetables by recipients;

"(E) the effects of the program on the use of farmers' markets

and the marketing of agricultural products at such markets and when

practicable, the effects of the program on recipients' awareness

regarding farmers' markets; and".

Subsec. (m)(10)(A). Pub. L. 103-448, Sec. 204(v)(8), struck out

"$3,000,000 for fiscal year 1992, $6,500,000 for fiscal year 1993,

and" after "to carry out this subsection" and inserted before

period at end ", $10,500,000 for fiscal year 1995, and such sums as

may be necessary for each of fiscal years 1996 through 1998".

Subsec. (m)(10)(B). Pub. L. 103-448, Sec. 204(v)(9), (10),

substituted "Each" for "Except as provided in subclause (II), each"

in cl. (i)(I), struck out "or may be retained by the State to

reimburse expenses expected to be incurred for such a program

during the succeeding fiscal year" before period at end of cl.

(i)(II), and struck out "Funds that remain unexpended at the end of

any demonstration project authorized by this subsection (as it

existed on September 30, 1991) shall be reallocated in a similar

manner." at end of cl. (ii).

Subsec. (m)(11)(D). Pub. L. 103-448, Sec. 204(v)(11), inserted

before period at end "and any other agency approved by the chief

executive officer of the State".

Subsec. (o)(1)(B). Pub. L. 103-448, Sec. 204(w)(1)(D),

substituted "special supplemental nutrition program" for "special

supplemental food program".

1992 - Subsec. (b)(8)(D). Pub. L. 102-342 inserted before period

at end ", homelessness, and migrancy".

Subsec. (b)(17) to (20). Pub. L. 102-512, Sec. 203, added pars.

(17) to (20) and struck out former par. (17) which read as follows:

" 'Competitive bidding' means a procurement process under which the

State agency selects the single source offering the lowest price,

as determined by the submission of sealed bids, for the product for

which bids are sought."

Subsec. (f)(22). Pub. L. 102-512, Sec. 205, added par. (22).

Subsec. (h)(2)(A). Pub. L. 102-512, Sec. 206, struck out "shall"

after "Such formula", inserted "shall" after cl. designation in

cls. (i) to (iii), and added cl. (iv).

Subsec. (h)(8)(E)(ii). Pub. L. 102-512, Sec. 207, struck out

"that do not have large caseloads and" after "State agencies".

Subsec. (h)(8)(G) to (K). Pub. L. 102-512, Sec. 204, added

subpars. (G) to (K) and struck out former subpar. (G) which read as

follows: "Not later than the expiration of the 120-day period

beginning on November 10, 1989, the Secretary shall prescribe

regulations to carry out this paragraph. Such regulations shall

address issues involved in comparing savings from different cost

containment measures, as provided under subparagraph (B)."

Subsec. (m). Pub. L. 102-314 amended subsec. (m) generally,

substituting provisions relating to farmers' market nutrition

program to benefit women, infants, and children nutritionally at

risk for provisions relating to farmers' market food coupons

demonstration project.

1990 - Subsec. (i)(3)(E) to (G). Pub. L. 101-330 added subpars.

(E) to (G).

1989 - Subsec. (b)(17). Pub. L. 101-147, Sec. 123(a)(1), added

par. (17).

Subsec. (c)(3). Pub. L. 101-147, Sec. 326(b)(1), substituted

"section 4 of the Agriculture and Consumer Protection Act of 1973"

for "section 1304 of the Food and Agriculture Act of 1977".

Subsec. (c)(4). Pub. L. 101-147, Sec. 326(a)(1), amended par.

(4), as added by Pub. L. 99-591, Sec. 342(a), and Pub. L. 99-661,

Sec. 4302(a), to read as if the addition by Pub. L. 99-661 had not

been enacted, resulting in no change in text, see 1986 Amendment

note below.

Subsec. (d)(2). Pub. L. 101-147, Sec. 123(a)(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The

Secretary shall establish income eligibility standards to be used

in conjunction with the nutritional risk criteria in determining

eligibility of persons for participation in the program. Persons at

nutritional risk shall be eligible for the program only if they are

members of families that satisfy the income standards prescribed

for free and reduced-price school meals under section 1758 of this

title."

Subsec. (d)(4). Pub. L. 101-147, Sec. 326(b)(2), realigned

margins of par. (4) and subpars. (A) to (C).

Pub. L. 101-147, Sec. 326(a)(2), amended par. (4), as added by

Pub. L. 99-591, Sec. 343(a), and Pub. L. 99-661, Sec. 4303(a), to

read as if the addition by Pub. L. 99-661 had not been enacted,

resulting in no change in text, see 1986 Amendment note below.

Subsec. (e)(1). Pub. L. 101-147, Sec. 123(a)(3)(A), struck out at

end "The Secretary shall prescribe standards to ensure that

adequate nutrition education services are provided. The State

agency shall provide training to persons providing nutrition

education under this section. Nutrition education shall be

evaluated annually by each State agency, and such evaluation shall

include the views of participants concerning the effectiveness of

the nutrition education they have received."

Subsec. (e)(2). Pub. L. 101-147, Sec. 123(a)(3)(B), (C), added

par. (2). Former par. (2) redesignated (3).

Subsec. (e)(3). Pub. L. 101-147, Sec. 123(a)(3)(D), added par.

(3) relating to State agency providing information and materials.

Pub. L. 101-147, Sec. 123(a)(3)(B), redesignated former par. (2),

relating to Secretary issuing materials, as (3).

Subsec. (e)(4). Pub. L. 101-147, Sec. 123(a)(3)(D), added par.

(4).

Subsec. (e)(5). Pub. L. 101-147, Sec. 213(a)(1), added par. (5).

Subsec. (f)(1)(C)(iii). Pub. L. 101-147, Sec. 123(a)(4)(A)(i),

inserted "local programs for breastfeeding promotion," after

"immunization programs," and "and treatment" after "alcohol and

drug abuse counseling".

Subsec. (f)(1)(C)(vii). Pub. L. 101-147, Sec. 123(a)(4)(A)(ii),

amended cl. (vii) generally. Prior to amendment, cl. (vii) read as

follows: "a plan to provide program benefits under this section to

eligible persons most in need of the benefits and to enroll

eligible women in the early months of pregnancy, to the maximum

extent practicable;".

Subsec. (f)(1)(C)(viii) to (xiii). Pub. L. 101-147, Sec.

123(a)(4)(A)(iii), (iv), added cls. (viii) to (xi) and redesignated

former cls. (viii) and (ix) as (xii) and (xiii), respectively.

Subsec. (f)(7). Pub. L. 101-147, Sec. 213(a)(2)(A), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (f)(8)(A), (C). Pub. L. 101-147, Sec. 326(b)(3)(A),

substituted "individuals" for "persons".

Subsec. (f)(8)(D). Pub. L. 101-147, Sec. 123(a)(4)(B), added

subpar. (D).

Subsec. (f)(9). Pub. L. 101-147, Sec. 123(a)(4)(C), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (f)(10). Pub. L. 101-147, Sec. 326(b)(3)(B), substituted

"an individual" for "a person", "individual's" for "person's", and

"the individual" for "the person".

Subsec. (f)(14)(A). Pub. L. 101-147, Sec. 123(a)(4)(D), inserted

", breastfeeding promotion," after "nutrition education".

Subsec. (f)(17). Pub. L. 101-147, Secs. 123(a)(4)(E),

326(b)(3)(C), realigned margin of par. (17) and inserted before

period at end "and to accommodate the special needs and problems of

individuals who are incarcerated in prisons or juvenile detention

facilities".

Subsec. (f)(18) to (20). Pub. L. 101-147, Sec. 123(a)(4)(F),

added pars. (18) to (20).

Subsec. (f)(21). Pub. L. 101-147, Sec. 213(a)(2)(B), added par.

(21).

Subsec. (g)(1). Pub. L. 101-147, Sec. 123(a)(5)(A), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "There

are authorized to be appropriated to carry out this section

$1,570,000,000 for the fiscal year ending September 30, 1986, and

such sums as may be necessary for each of the fiscal years ending

September 30, 1987, September 30, 1988, and September 30, 1989."

Subsec. (g)(2), (3). Pub. L. 101-147, Sec. 123(a)(5)(B), (C),

added pars. (2) and (3). Former pars. (2) and (3) redesignated (4)

and (5), respectively.

Subsec. (g)(4). Pub. L. 101-147, Sec. 123(a)(5)(B), redesignated

former par. (2) as (4).

Subsec. (g)(5). Pub. L. 101-147, Sec. 123(a)(5)(D), substituted

"$5,000,000" for "$3,000,000".

Pub. L. 101-147, Sec. 123(a)(5)(B), redesignated former par. (3)

as (5).

Subsec. (g)(6). Pub. L. 101-147, Sec. 123(a)(5)(E), added par.

(6).

Subsec. (h). Pub. L. 101-147, Sec. 123(a)(6), amended subsec. (h)

generally, substituting provisions regarding the establishment and

administration of national average participant grants for purposes

of funding nutrition services and administration and provisions on

breastfeeding promotion and procurement of infant formula, for

provisions limiting funding for nutrition services and

administration to 20% of the total funding for the section,

providing a formula for distributing funds to States and setting

forth various administrative duties.

Subsec. (i)(1). Pub. L. 101-147, Sec. 123(a)(7)(A), substituted

"amounts made available for food benefits under subsection

(h)(1)(C) of this section" for "funds provided in accordance with

this section".

Subsec. (i)(3)(D). Pub. L. 101-147, Sec. 123(a)(7)(B),

substituted "cost containment measures as defined in subsection

(h)(9)" for "approved cost-savings strategies as identified in

subsection (h)(5)(A)" and "not more than 3 percent" for "at the

discretion of the Secretary, up to 5 percent".

Subsec. (i)(7). Pub. L. 101-147, Sec. 123(a)(7)(C), added par.

(7).

Subsec. (j). Pub. L. 101-147, Sec. 123(a)(8), substituted "every

other year" for "each year".

Subsec. (k)(1). Pub. L. 101-147, Sec. 123(a)(9), substituted "24"

for "twenty-three" and inserted "1 member shall be an expert in the

promotion of breast feeding;" after "the Secretary;".

Subsec. (m)(7)(B). Pub. L. 101-147, Sec. 326(b)(4)(A), struck out

"(7 U.S.C. 2011 et seq.)" after "Food Stamp Act of 1977".

Subsec. (m)(11)(A). Pub. L. 101-147, Sec. 326(b)(4)(B),

substituted "individual" for "person".

Subsec. (n)(1). Pub. L. 101-147, Sec. 326(b)(5), substituted "the

date of enactment of the Anti-Drug Abuse Act of 1988" for "the date

of enactment of this Act" in the original, which for purposes of

codification was translated as "November 18, 1988", resulting in no

change in text.

Subsecs. (o), (p). Pub. L. 101-147, Sec. 123(a)(10), added

subsecs. (o) and (p).

1988 - Subsec. (a). Pub. L. 100-690, Sec. 3201(1), substituted

"health problems, including drug abuse," for "health problems".

Subsec. (b)(15). Pub. L. 100-435, Sec. 212(a), added par. (15).

Subsec. (b)(16). Pub. L. 100-690, Sec. 3201(2), added par. (16).

Subsec. (c)(1). Pub. L. 100-435, Sec. 212(b), amended last

sentence generally, designating existing provisions as cls. (A) and

(B) and adding cl. (C).

Subsec. (e)(1). Pub. L. 100-690, Sec. 3201(3), substituted

"nutrition education and drug abuse education" for "nutrition

education" in first and second sentences.

Subsec. (f)(1)(C)(iii). Pub. L. 100-690, Sec. 3201(4)(A),

inserted "drug abuse education," after "family planning,".

Pub. L. 100-237, Sec. 9, substituted "maternal and child health

care, and medicaid programs" for "and maternal and child health

care programs".

Subsec. (f)(1)(C)(iv). Pub. L. 100-435, Sec. 212(c)(1),

substituted "migrants, homeless individuals," for "migrants".

Subsec. (f)(1)(C)(vii) to (ix). Pub. L. 100-237, Sec. 8(b),

struck out "and" at end of cl. (vii), added cl. (viii), and

redesignated former cl. (viii) as (ix).

Subsec. (f)(8)(A). Pub. L. 100-435, Sec. 212(c)(2), inserted

"organizations and agencies serving homeless individuals and

shelters for victims of domestic violence," after "Indian tribal

organizations,".

Subsec. (f)(13). Pub. L. 100-435, Sec. 212(c)(3), inserted ",

and, in the case of homeless individuals, the special needs and

problems of such individuals" before period at end.

Subsec. (f)(14)(A). Pub. L. 100-690, Sec. 3201(4)(B), inserted

"and drug abuse education" after "education".

Subsec. (f)(16). Pub. L. 100-237, Sec. 11, added par. (16).

Subsec. (f)(17). Pub. L. 100-435, Sec. 212(c)(4), added par.

(17).

Subsec. (h)(5). Pub. L. 100-237, Sec. 8(a), added par. (5).

Subsec. (h)(5)(D), (E). Pub. L. 100-356, Sec. 3(a), added

subpars. (D) and (E).

Subsec. (i)(3)(A). Pub. L. 100-237, Sec. 12(1), inserted "and

subject to subparagraphs (B) and (C)" after "paragraph (2)", and

substituted "and" for "or" at end of cl. (i).

Subsec. (i)(3)(C). Pub. L. 100-237, Sec. 12(2), added subpar.

(C).

Subsec. (i)(3)(D). Pub. L. 100-356, Sec. 3(b), added subpar. (D).

Subsec. (k)(1). Pub. L. 100-690, Sec. 3201(5)(A), (B), increased

membership of Council to twenty-three from twenty-one members and

included experts in drug abuse education and prevention and alcohol

abuse education and prevention.

Subsec. (m). Pub. L. 100-435, Sec. 501(b), added subsec. (m).

Subsec. (n). Pub. L. 100-690, Sec. 3201(6), added subsec. (n).

1987 - Subsec. (g)(1). Pub. L. 100-71 inserted "and" after

"September 30, 1986," and substituted "September 30, 1988, and

September 30, 1989" for "and September 30, 1988, and $1,782,000,000

for the fiscal year ending September 30, 1989".

1986 - Subsec. (b)(1) to (4). Pub. L. 99-500 and Pub. L. 99-591,

Sec. 341(a), and Pub. L. 99-661, Sec. 4301(a), amended subsec. (b)

identically, redesignating pars. (2) to (4) as (1) to (3),

respectively, adding par. (4), and striking out former par. (1)

which defined "Administrative costs".

Subsec. (b)(6), (13). Pub. L. 99-500 and Pub. L. 99-591, Sec.

372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended pars. (6)

and (13) identically, substituting "Health and Human Services" for

"Health, Education, and Welfare".

Subsec. (c)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 314(1),

and Pub. L. 99-661, Sec. 4104(1), amended par. (2) identically,

substituting "Subject to amounts appropriated to carry out this

section under subsection (g) of this section" for "Subject to the

authorization levels specified in subsection (g) of this section

for the fiscal years ending September 30, 1979, and September 30,

1980, and subject to amounts appropriated for this program for the

fiscal year ending September 30, 1981, and for each succeeding

fiscal year ending on or before September 30, 1984".

Subsec. (c)(4). Pub. L. 99-500 and Pub. L. 99-591, Sec. 342(a),

and Pub. L. 99-661, Sec. 4302(a), amended subsec. (c) identically,

adding par. (4).

Subsec. (d)(4). Pub. L. 99-500 and Pub. L. 99-591, Sec. 343(a),

and Pub. L. 99-661, Sec. 4303(a), amended subsec. (d) identically,

adding par. (4).

Subsec. (e)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec.

372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended par. (2)

identically, substituting "Health and Human Services" for "Health,

Education, and Welfare".

Subsec. (f)(1). Pub. L. 99-500 and Pub. L. 99-591, Sec. 344(a),

and Pub. L. 99-661, Sec. 4304(a), generally amended par. (1)

identically, substituting subpars. (A) to (E) for former subpars.

(A) to (L) and concluding provisions.

Subsec. (f)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 345, and

Pub. L. 99-661, Sec. 4305, generally amended par. (2) identically.

Prior to amendment, par. (2) read as follows: "Not less than one

month prior to the submission to the Governor of the plan of

operation and administration required by this subsection, the State

agency shall conduct hearings to enable the general public to

participate in the development of the State agency plan."

Subsec. (f)(8). Pub. L. 99-500 and Pub. L. 99-591, Sec. 346, and

Pub. L. 99-661, Sec. 4306, generally amended par. (8) identically.

Prior to amendment, par. (8) read as follows: "The State agency

shall, in cooperation with participating local agencies, publicize

the availability of program benefits, including the eligibility

criteria for participation and the location of local agencies

operating the program. Such information shall be publicly announced

by the State agency and by local agencies at least annually. Such

information shall also be distributed to offices and organizations

that deal with significant numbers of potentially eligible persons,

including health and medical organizations, hospitals and clinics,

welfare and unemployment offices, social service agencies,

farmworker organizations, Indian tribal organizations, and

religious and community organizations in low income areas."

Subsec. (f)(11). Pub. L. 99-500 and Pub. L. 99-591, Sec.

341(b)(1), and Pub. L. 99-661, Sec. 4301(b)(1), amended par. (11)

identically, substituting "funds for nutrition services and

administration" for "administrative funds".

Subsec. (f)(15). Pub. L. 99-500 and Pub. L. 99-591, Sec. 347, and

Pub. L. 99-661, Sec. 4307, amended subsec. (f) identically, adding

par. (15).

Subsec. (g)(1). Pub. L. 99-661, Sec. 4104(2), designated existing

provision authorizing appropriations of $550,000,000 for fiscal

year ending Sept. 30, 1979, $750,000,000 for fiscal year ending

Sept. 30, 1980, $900,000,000 for fiscal year ending Sept. 30, 1981,

$1,017,000,000 for fiscal year ending Sept. 30, 1982,

$1,060,000,000 for fiscal year ending Sept. 30, 1983, and

$1,126,000,000 for fiscal year ending Sept. 30, 1984 as par. (1),

and substituted provision authorizing appropriations of

$1,570,000,000 for fiscal year ending Sept. 30, 1986, such sums as

may be necessary for each of fiscal years ending Sept. 30, 1987,

and Sept. 30, 1988, and $1,782,000,000 for fiscal year ending Sept.

30, 1989.

Pub. L. 99-500 and Pub. L. 99-591, Sec. 314(2), designated

existing provision authorizing appropriations of $550,000,000 for

fiscal year ending Sept. 30, 1979, $750,000,000 for fiscal year

ending Sept. 30, 1980, $900,000,000 for fiscal year ending Sept.

30, 1981, $1,017,000,000 for fiscal year ending Sept. 30, 1982,

$1,060,000,000 for fiscal year ending Sept. 30, 1983, and

$1,126,000,000 for fiscal year ending Sept. 30, 1984, as par. (1),

and in par. (1) as so designated, substituted provision authorizing

appropriations of $1,580,494,000 for fiscal year ending Sept. 30,

1986, such sums as may be necessary for each of fiscal years ending

Sept. 30, 1987, and Sept. 30, 1988, and $1,782,000,000 for fiscal

year ending Sept. 30, 1989.

Subsec. (g)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 348(a),

and Pub. L. 99-661, Sec. 4308(a), amended subsec. (g) identically,

adding par. (2).

Subsec. (g)(3). Pub. L. 99-500 and Pub. L. 99-591, Secs.

314(2)(A), 343(b), 349, and Pub. L. 99-661, Secs. 4104(2)(A),

4303(b), 4309, amended subsec. (g) identically, designating

provisions as par. (3) and inserting "preparing the report required

under subsection (d)(4) of this section, providing technical

assistance to improve State agency administrative systems,".

Subsec. (h)(1). Pub. L. 99-500 and Pub. L. 99-591, Secs.

341(b)(2), 350, and Pub. L. 99-661, Secs. 4301(b)(2), 4310, amended

par. (1) identically, substituting "costs for nutrition services

and administration" for "administrative costs" in three places and

inserting at end "The Secretary shall limit to a minimal level any

documentation required under the preceding sentence."

Subsec. (h)(2). Pub. L. 99-500 and Pub. L. 99-591, Secs. 314(3),

341(b)(1), and Pub. L. 99-661, Secs. 4104(3), 4301(b)(1), amended

par. (2) identically, substituting "1989" for "1984" and "funds for

nutrition services and administration" for "administrative funds".

Subsec. (h)(3). Pub. L. 99-500 and Pub. L. 99-591, Secs. 341(b),

351, and Pub. L. 99-661, Secs. 4301(b), 4311, amended par. (3)

identically, substituting "funds for nutrition services and

administration" for "administrative funds" in two places and "costs

for nutrition services and administration" for "administrative

costs" and striking out ", which satisfy allocation guidelines

established by the Secretary" after "several local agencies" and

last sentence which read as follows: "These allocation standards

shall be included in the plan of operation and administration

required by subsection (f) of this section."

Subsec. (h)(4). Pub. L. 99-500 and Pub. L. 99-591, Sec. 352, and

Pub. L. 99-661, Sec. 4312, amended par. (4) identically,

substituting "may" for "shall".

Pub. L. 99-500 and Pub. L. 99-591, Sec. 341(b)(1), and Pub. L.

99-661, Sec. 4301(b)(1), amended par. (4) identically, substituting

"funds for nutrition services and administration" for

"administrative funds".

Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, Sec. 353(a), and

Pub. L. 99-661, Sec. 4313, amended subsec. (i) identically,

designating existing provisions as pars. (1), (2), and (4) to (6)

and adding par. (3).

Subsec. (k)(1), (2). Pub. L. 99-500 and Pub. L. 99-591, Sec.

372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended pars. (1)

and (2) identically, substituting "Health and Human Services" for

"Health, Education, and Welfare" in two places in par. (1) and in

one place in par. (2).

1981 - Subsec. (g). Pub. L. 97-35 inserted provisions setting

forth specific appropriations for fiscal years ending Sept. 30,

1982, 1983, and 1984.

1980 - Subsec. (c)(2). Pub. L. 96-499, Sec. 203(d)(1),

substituted "for the fiscal year ending September 30, 1981, and for

each succeeding fiscal year ending on or before September 30, 1984"

for "for the fiscal years ending September 30, 1981, and September

30, 1982".

Subsec. (g). Pub. L. 96-499, Sec. 203(d)(2), substituted "such

sums as may be necessary for the three subsequent fiscal years" for

"$950,000,000 for the fiscal year ending September 30, 1982".

Subsec. (h)(2). Pub. L. 96-499, Sec. 203(d)(3), substituted

"1984" for "1982".

1979 - Subsec. (g). Pub. L. 96-108 substituted "$750,000,000" for

"$800,000,000".

1978 - Subsec. (a). Pub. L. 95-627 expanded provisions of this

section to include postpartum and breastfeeding women.

Subsec. (b). Pub. L. 95-627 substituted provisions defining terms

for purposes of this section for provisions relating to cash grants

to State health departments, Indians, and other agencies for

supplemental food to pregnant and lactating women and infants.

Subsec. (c). Pub. L. 95-627 substituted provisions authorizing

grants-in-aid by the Secretary, prohibiting ratable reductions of

amounts of food an agency may distribute, authorizing affirmative

actions to institute the program where needed, and authorizing the

issuance of regulations relating to dual receipt of benefits under

a commodity supplemental food program for provisions authorizing

appropriations to carry out the food program for each fiscal year

during the period ending Sept. 30, 1978.

Subsec. (d). Pub. L. 95-627 substituted provisions specifying

persons eligible to participate in the food program for provisions

prescribing administrative cost limitations and calling for

approval by the Secretary of the manner of expenditure by the

recipient agencies.

Subsec. (e). Pub. L. 95-627 substituted provisions relating to

nutrition education for program participants for provisions

relating to persons eligible to participate in the program. See

subsec. (d) of this section.

Subsec. (f). Pub. L. 95-627 substituted provisions relating to

submittal of State operational and administrative plans,

participation in the program by eligible migrants, recordkeeping,

certain types of notification, hearings, certification of

eligibility, withholding of funds, issuance of regulations, and use

of foreign languages for provisions relating to the maintenance of

adequate medical records, the establishment of an advisory

committee to study methods of evaluating the health benefits of the

program, and the submittal of a report to Congress based upon such

study no later than June 1, 1976.

Subsec. (g). Pub. L. 95-627 substituted provisions authorizing

appropriations for fiscal years ending Sept. 30, 1979, 1980, 1981,

and 1982 for provisions defining terms for purposes of this

section. See subsec. (b) of this section.

Subsec. (h). Pub. L. 95-627 substituted provisions relating to

allocation of funds for administrative costs for provisions

relating to establishment of the National Advisory Council on

Maternal, Infant, and Fetal Nutrition.

Subsecs. (i) to (l). Pub. L. 95-627 added subsecs. (i) to (l).

1977 - Subsec. (d). Pub. L. 95-166, Sec. 20(6), substituted "each

year by not later than a date specified by the Secretary" for "by

January 1 of each year (by December 1 in the case of fiscal year

1976)".

Subsec. (h)(8). Pub. L. 95-166, Sec. 18, inserted proviso

respecting compensation of parent recipient members of the Council.

1975 - Subsec. (a). Pub. L. 94-105 added subsec. (a). Former

subsec. (a) redesignated (b).

Pub. L. 94-28, Sec. 1(a), inserted "and for the period July 1,

1975, through September 30, 1975," after "1975,".

Subsec. (b)(1), (2). Pub. L. 94-105 redesignated former subsec.

(a) as (b)(1), added (b)(2), and in (b)(1) as so redesignated,

extended the program from Sept. 30, 1975 through the fiscal year

ending Sept. 30, 1978 and made minor changes in phraseology. Former

subsec. (b) redesignated (c).

Pub. L. 94-28, Sec. 1(b), inserted "and for the period July 1,

1975, through September 30, 1975," after "1975,".

Subsec. (c). Pub. L. 94-105 redesignated former subsec. (b) as

(c), and in subsec. (c) as so redesignated, authorized the

appropriation of $250,000,000 during each fiscal year during the

period ending Sept. 30, 1977, authorized the amount of $250,000,000

which the Secretary can use out of the funds appropriated by

section 612c of Title 7 in the event that less than $250,000,000

has been appropriated by the beginning of each fiscal year and

authorized the appropriation of not to exceed $250,000,000 during

the fiscal year ending Sept. 30, 1978. Former subsec. (c)

redesignated (d).

Subsec. (d). Pub. L. 94-105 redesignated former subsec. (c) as

(d), and in subsec. (d) as so redesignated, increased from 10 to 20

per centum the amount of administrative costs the Secretary is

authorized to pay except that in the first 3 months or until the

projected caseload level has been reached the Secretary shall pay

those administrative costs necessary to commence the program

successfully, inserted provision relating to submission for

approval of a description of the manner in which administrative

funds shall be spent, and directed the Secretary to take

affirmative action to insure that programs begin in the most needy

areas. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 94-105 redesignated former subsec. (d) as

(e) and in subsec. (e) as so redesignated, substituted "under this

section" for "under subsection (a) of this section" and inserted

"or members of populations" after "residents of areas". Former

subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 94-105 redesignated former subsec. (e) as

(f), and in subsec. (f) as so redesignated, substituted provisions

relating to the convention of an advisory committee to study

methods available to evaluate the health benefits of the program

with a report to the Secretary who shall report to Congress no

later than June 1, 1976, for provision that the Secretary and

Comptroller General of the United States submit preliminary reports

to Congress no later than Oct. 1, 1974 and submit no later than

March 30, 1975 evaluations of the program and recommendations with

regard to its continuation. Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 94-105 redesignated former subsec. (f) as

(g), and in subsec. (g) as so redesignated, substituted "includes

women from" for "includes mothers from", and expanded definition of

lactating women who are breast feeding an infant up to one year of

age and all women for a period of six months post partum, in par.

(1); substituted "5 years" for "four years" wherever appearing and

inserted "(at the discretion of the Secretary)" after "may also

include", in par. (2); struck out "food product" before

"commercially formulated", inserted "women or" before "infants" and

inserted provision relating to the availability of the contents of

the food package, in par. (3).

Subsec. (h). Pub. L. 94-105 added subsec. (h).

1974 - Subsec. (b). Pub. L. 93-326 increased from $40,000,000 to

$100,000,000 appropriation authorization for fiscal year ending

June 30, 1975, and increased from $40,000,000 to $100,000,000

amount which Secretary can use out of funds appropriated by section

612c of Title 7 in event that less than $100,000,000 has been

appropriated by Aug. 1, 1974, for carrying out special supplemental

food program for fiscal year ending June 30, 1975.

1973 - Subsec. (a). Pub. L. 93-150, Sec. 6(a), provided for cash

grants during fiscal year ending June 30, 1975, substituted in

first sentence in two places "State; Indian tribe, band, or group

recognized by the Department of the Interior; or the Indian Health

Service of the Department of Health, Education, and Welfare" for

"State", and substituted in second sentence provision for operation

of the program for a "three-year" rather than a "two-year" period.

Subsec. (b). Pub. L. 93-150, Sec. 6(b), authorized appropriation

of $40,000,000 for fiscal year ending June 30, 1975, and provided

that in the event such sum was not appropriated by August 1, 1974,

the Secretary was to use $40,000,000, or, if any amount had been

appropriated, the difference, if any, between the amount directly

appropriated and $40,000,000, out of funds appropriated by section

612c of title 7.

Subsec. (e). Pub. L. 93-150, Sec. 6(c), extended dates for

submission of preliminary and final evaluation reports from Oct. 1,

1973, to Oct. 1, 1974, and from Mar. 30, 1974, to Mar. 30, 1975,

respectively.

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC2-

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-171, title IV, Sec. 4306(b), May 13, 2002, 116 Stat.

332, provided that: "The amendments made by this section [amending

this section] take effect on the date of enactment of this Act [May

13, 2002]."

Pub. L. 107-171, title IV, Sec. 4307(b), May 13, 2002, 116 Stat.

333, provided that: "The amendments made by this section [amending

this section] take effect on the date of enactment of this Act [May

13, 2002]."

EFFECTIVE DATE OF 2000 AMENDMENTS

Pub. L. 106-472, title III, Sec. 307(b)(2), Nov. 9, 2000, 114

Stat. 2073, provided that the amendment made by section 307(b)(2)

is effective Oct. 1, 2000.

Amendment by section 242(b)(1), (2) of Pub. L. 106-224 effective

Oct. 1, 2000, see section 242(c) of Pub. L. 106-224, set out as a

note under section 1758 of this title.

Pub. L. 106-224, title II, Sec. 244(f), June 20, 2000, 114 Stat.

422, provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendments made by this section [amending this section] take effect

on the date of the enactment of this Act [June 20, 2000].

"(2) Allocation of funds. - The amendments made by subsections

(d) and (e) [amending this section] take effect on October 1,

2000."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-336 effective Oct. 1, 1998, see section

401 of Pub. L. 105-336, set out as a note under section 1755 of

this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 109(h) of Pub. L. 104-193 effective July 1,

1997, with transition rules relating to State options to accelerate

such date, rules relating to claims, actions, and proceedings

commenced before such date, rules relating to closing out of

accounts for terminated or substantially modified programs and

continuance in office of Assistant Secretary for Family Support,

and provisions relating to termination of entitlement under AFDC

program, see section 116 of Pub. L. 104-193, as amended, set out as

an Effective Date note under section 601 of this title.

Section 729(g)(2) of Pub. L. 104-193 provided that: "The

amendments made by paragraph (1) [amending this section] shall not

apply to a contract for the procurement of infant formula under

section 17(h)(8) of the Child Nutrition Act of 1966 (42 U.S.C.

1786(h)(8)) that is in effect on the date of enactment of this

subsection [Aug. 22, 1996]."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-448 effective Oct. 1, 1994, see section

401 of Pub. L. 103-448, set out as a note under section 1755 of

this title.

EFFECTIVE AND TERMINATION DATES OF 1992 AMENDMENTS

Section 209 of title II of Pub. L. 102-512, which provided that

the authority provided and the amendments made by title II of Pub.

L. 102-512, amending this section and enacting provisions set out

as notes under this section and section 1771 of this title, would

terminate on Sept. 30, 1994, except with regard to subsec.

(h)(8)(J) of this section, as amended by section 204 of Pub. L.

102-512, was repealed, eff. Oct. 1, 1994, by Pub. L. 103-448, title

II, Sec. 204(o)(2), title IV, Sec. 401, Nov. 2, 1994, 108 Stat.

4742, 4751.

Section 4 of Pub. L. 102-314 provided that: "The amendment made

by section 3 [amending this section] shall be effective as of

October 1, 1991."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 123(f)(2) of Pub. L. 101-147 provided that: "The

amendments made by subsections (a)(5), (a)(6), and (a)(7) [amending

this section] shall be effective as of October 1, 1989."

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-435 to be effective and implemented on

Oct. 1, 1988, see section 701(a) of Pub. L. 100-435, set out as a

note under section 2012 of Title 7, Agriculture.

Section 8(d) of Pub. L. 100-237 provided that: "The amendment

made by subsections (a), (b), and (c) [amending this section and

enacting provisions set out below] shall take effect October 1,

1987."

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 342(b) of Pub. L. 99-500 and Pub. L. 99-591 and section

4302(b) of Pub. L. 99-661 provided that: "The amendment made by

subsection (a) [amending this section] shall apply to a State

beginning with the fiscal year that commences after the end of the

first regular session of the State legislature following the date

of the enactment of this title [Oct. 18, 1986]."

Section 344(b) of Pub. L. 99-500 and Pub. L. 99-591 and section

4304(b) of Pub. L. 99-661 provided that: "The amendment made by

subsection (a) [amending this section] shall apply to a plan

submitted by a State agency under section 17(f)(1) of the Child

Nutrition Act of 1966 [subsec. (f)(1) of this section] for the

fiscal year ending September 30, 1987, and each fiscal year

thereafter."

Section 347 of Pub. L. 99-500 and Pub. L. 99-591 and section 4307

of Pub. L. 99-661 provided that the amendment made by section 347

of Pub. L. 99-500 and Pub. L. 99-591 and by section 4307 of Pub. L.

99-661 is effective Oct. 1, 1986.

Section 348(a) of Pub. L. 99-500 and Pub. L. 99-591 and section

4308(a) of Pub. L. 99-661 provided that the amendment made by

section 348(a) of Pub. L. 99-500 and Pub. L. 99-591 and by section

4308(a) of Pub. L. 99-661 is effective Oct. 1, 1986.

Section 352 of Pub. L. 99-500 and Pub. L. 99-591 and section 4312

of Pub. L. 99-661 provided that the amendment made by section 352

of Pub. L. 99-500 and Pub. L. 99-591 and by section 4312 of Pub. L.

99-661 is effective Oct. 1, 1986.

Section 353(b) of Pub. L. 99-500 and Pub. L. 99-591 and section

4313(b) of Pub. L. 99-661 were substantially identical in providing

that: "Section 17(i)(3)(A)(i) of the Child Nutrition Act of 1966

[subsec. (i)(3)(A)(i) of this section] (as amended by subsection

(a)) shall not apply to appropriations made before the date of

enactment of this title [Oct. 18, 1986]."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section

820(a)(7)(B) of Pub. L. 97-35, set out as a note under section 1753

of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-627 effective Oct. 1, 1978, see section

14 of Pub. L. 95-627, set out as a note under section 1755 of this

title.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 20 of Pub. L. 95-166 provided that the amendment made by

that section is effective July 1, 1977.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 14 of Pub. L. 94-105 provided that the amendment made by

that section is effective beginning with the fiscal year ending

June 30, 1976.

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by the Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

REGULATIONS

Pub. L. 105-336, title II, Sec. 203(f)(2), Oct. 31, 1998, 112

Stat. 3160, provided that: "The Secretary of Agriculture shall

promulgate -

"(A) not later than March 1, 1999, proposed regulations to

carry out section 17(f)(24) of the Child Nutrition Act of 1966

(42 U.S.C. 1786(f)(24)), as added by paragraph (1); and

"(B) not later than March 1, 2000, final regulations to carry

out section 17(f)(24) of that Act."

Pub. L. 105-336, title II, Sec. 203(l)(2), Oct. 31, 1998, 112

Stat. 3162, provided that: "The Secretary of Agriculture shall

promulgate -

"(A) not later than March 1, 1999, proposed regulations to

carry out section 17(h)(11) of the Child Nutrition Act of 1966

(42 U.S.C. 1786(h)(11)), as added by paragraph (1); and

"(B) not later than March 1, 2000, final regulations to carry

out section 17(h)(11) of that Act."

Pub. L. 105-336, title II, Sec. 203(p)(2), Oct. 31, 1998, 112

Stat. 3165, provided that: "The Secretary of Agriculture shall

promulgate -

"(A) not later than March 1, 1999, proposed regulations to

carry out section 17(o) of the Child Nutrition Act of 1966 (42

U.S.C. 1786(o)), as added by paragraph (1); and

"(B) not later than March 1, 2000, final regulations to carry

out section 17(o) of that Act."

Section 123(f)(1) of Pub. L. 101-147 provided that: "Not later

than July 1, 1990, the Secretary of Agriculture shall issue final

regulations to implement the amendments made by subsections (a)(2),

(a)(3), and (a)(4) [amending this section]."

Section 213(b) of Pub. L. 101-147 provided that: "Not later than

July 1, 1990, the Secretary of Agriculture shall issue final

regulations to implement the amendments made by subsection (a)

[amending this section]."

Section 13 of Pub. L. 95-627 provided that:

"(a) The Secretary shall promulgate regulations to implement the

provisions of section 3 of this Act [amending this section] within

one hundred and twenty days of the date of enactment of this Act

[Nov. 10, 1978].

"(b) The provisions of section 17 of the [Richard B. Russell]

National School Lunch Act [section 1766 of this title] and section

17 of the Child Nutrition Act of 1966 [this section], in effect

prior to the effective date of sections 2 and 3 of this Act [Oct.

1, 1978], which are relevant to current regulations of the

Secretary governing the child care food program and the special

supplemental food program, respectively, shall remain in effect

until such regulations are revoked, superseded, amended, or

modified by regulations issued under those sections as amended by

sections 2 and 3 of this Act.

"(c) Pending proceedings under section 17 of the National School

Lunch Act [section 1766 of this title] and section 17 of the Child

Nutrition Act of 1966 [this section] shall not be abated by reason

of any provision of sections 2 and 3 of this Act [amending this

section and section 1766 of this title], but shall be disposed of

under the applicable provisions of section 17 of the National

School Lunch Act and section 17 of the Child Nutrition Act of 1966

in effect prior to the effective date of sections 2 and 3 of this

Act [Oct. 1, 1978].

"(d) Appropriations made available to carry out section 17 of the

National School Lunch Act [section 1766 of this title] and section

17 of the Child Nutrition Act of 1966 [this section] shall be

available to carry out the provisions of sections 2 and 3 of this

Act [amending this section and section 1766 of this title]."

STUDY OF COST CONTAINMENT PRACTICES

Pub. L. 105-336, title II, Sec. 203(r), Oct. 31, 1998, 112 Stat.

3166, provided that:

"(1) In general. - The Secretary of Agriculture shall conduct a

study on the effect of cost containment practices established by

States under the special supplemental nutrition program for women,

infants, and children authorized under section 17 of the Child

Nutrition Act of 1966 (42 U.S.C. 1786) for the selection of vendors

and approved food items (other than infant formula) on -

"(A) program participation;

"(B) access and availability of prescribed foods;

"(C) voucher redemption rates and actual food selections by

participants;

"(D) participants on special diets or with specific food

allergies;

"(E) participant use and satisfaction of prescribed foods;

"(F) achievement of positive health outcomes; and

"(G) program costs.

"(2) Report. - The Secretary shall submit to the Committee on

Education and the Workforce of the House of Representatives and the

Committee on Agriculture, Nutrition, and Forestry of the Senate -

"(A) not later than 2 years after the date of enactment of this

Act [Oct. 31, 1998], an interim report describing the results of

the study conducted under paragraph (1); and

"(B) not later than 3 years after the date of enactment of this

Act, a final report describing the results of the study conducted

under paragraph (1)."

STUDY OF WIC SERVICES

Pub. L. 105-336, title II, Sec. 203(s), Oct. 31, 1998, 112 Stat.

3167, provided that:

"(1) In general. - The Comptroller General of the United States

shall conduct a study that assesses -

"(A) the cost of delivering services under the special

supplemental nutrition program for women, infants, and children

authorized under section 17 of the Child Nutrition Act of 1966

(42 U.S.C. 1786), including the costs of implementing and

administering cost containment efforts;

"(B) the fixed and variable costs incurred by State and local

governments for delivering the services and the extent to which

those costs are charged to State agencies;

"(C) the quality of the services delivered, taking into account

the effect of the services on the health of participants; and

"(D) the costs incurred for personnel, automation, central

support, and other activities to deliver the services and whether

the costs meet Federal audit standards for allowable costs under

the program.

"(2) Report. - Not later than 3 years after the date of enactment

of this Act [Oct. 31, 1998], the Comptroller General shall submit

to the Secretary of Agriculture, the Committee on Education and the

Workforce of the House of Representatives, and the Committee on

Agriculture, Nutrition, and Forestry of the Senate a report

containing the results of the study conducted under paragraph (1)."

REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH

CENTER CONSIDERED REFERENCE TO HEALTH CENTER

Reference to community health center, migrant health center,

public housing health center, or homeless health center considered

reference to health center, see section 4(c) of Pub. L. 104-299,

set out as a note under section 254b of this title.

PROMOTION BY SECRETARY OF USE OF FARMERS' MARKETS

Section 204(v)(12) of Pub. L. 103-448 provided that: "The

Secretary of Agriculture shall promote the use of farmers' markets

by recipients of Federal nutrition programs administered by the

Secretary."

REFERENCES TO SPECIAL SUPPLEMENTAL FOOD PROGRAM

Section 204(w)(3) of Pub. L. 103-448 provided that: "Any

reference to the special supplemental food program established

under section 17 of the Child Nutrition Act of 1966 (42 U.S.C.

1786) in any provision of law, regulation, document, record, or

other paper of the United States shall be considered to be a

reference to the special supplemental nutrition program established

under such section."

WIC INFANT FORMULA PROTECTION; FINDINGS AND PURPOSES

Section 202 of title II of Pub. L. 102-512, as amended by Pub. L.

103-448, title II, Sec. 204(w)(2)(F), Nov. 2, 1994, 108 Stat. 4746,

provided that:

"(a) Findings. -

"(1) the domestic infant formula industry is one of the most

concentrated manufacturing industries in the United States;

"(2) only three pharmaceutical firms are responsible for almost

all domestic infant formula production;

"(3) coordination of pricing and marketing strategies is a

potential danger where only a very few companies compete

regarding a given product;

"(4) improved competition among suppliers of infant formula to

the special supplemental food program [special supplemental

nutrition program] for women, infants, and children (WIC) can

save substantial additional sums to be used to put thousands of

additional eligible women, infants, and children on the WIC

program; and

"(5) barriers exist in the infant formula industry that inhibit

the entry of new firms and thus limit competition.

"(b) Purposes. - It is the purpose of this title [amending this

section and enacting provisions set out as notes under this section

and section 1771 of this title] to enhance competition among infant

formula manufacturers and to reduce the per unit costs of infant

formula for the special supplemental nutrition program for women,

infants, and children (WIC)."

STUDY OF INFANT FORMULA BID SOLICITATIONS

Section 208 of title II of Pub. L. 102-512 directed Secretary of

Agriculture, not later than Apr. 1, 1994, to report to Congress on

State agencies that request the Secretary of Agriculture to conduct

bid solicitations for infant formula under 42 U.S.C.

1786(h)(8)(G)(i), cost reductions achieved by the solicitations,

and other matters the Secretary determined to be appropriate

regarding title II of Pub. L. 102-512.

WOMEN, INFANTS, AND CHILDREN FARMERS' MARKET NUTRITION PROGRAM;

CONGRESSIONAL STATEMENT OF PURPOSE

Section 2 of Pub. L. 102-314 provided that: "The purpose of this

Act [amending this section and enacting provisions set out as notes

under this section and section 1771 of this title] is to authorize

grants to be made to State programs designed to -

"(1) provide resources to women, infants, and children who are

nutritionally at risk in the form of fresh nutritious unprepared

foods (such as fruits and vegetables), from farmers' markets; and

"(2) expand the awareness and use of farmers' markets and

increase sales at such markets."

REVIEW OF PRIORITY SYSTEM; REPORTS TO CONGRESS

Section 123(b) of Pub. L. 101-147 directed Secretary of

Agriculture to review relationship between nutritional risk

criteria established under this section and priority system used

under special supplemental food program under this section,

especially as it affected pregnant women, and to submit preliminary

and final reports to Congress on results of review by Oct. 1, 1990,

and by July 1, 1991, respectively.

REPORT ON WIC FOOD PACKAGE

Section 123(c) of Pub. L. 101-147 directed Secretary of

Agriculture to review appropriateness of foods eligible for

purchase under special supplemental food program under this section

and to submit preliminary and final reports to Congress on findings

of review by June 30, 1991, and by June 30, 1992, respectively.

REPORT ON COSTS FOR NUTRITION SERVICES AND ADMINISTRATION

Section 123(d) of Pub. L. 101-147 directed Secretary of

Agriculture to review effect on costs for nutrition services and

administration incurred by State and local agencies of sections 123

and 213 of Pub. L. 101-647, and the amendments made by such

sections, amending this section and enacting provisions set out as

notes under this section (including effect of both increases and

decreases in requirements imposed on such agencies), and to report

results of such review to Congress not later than one year after

Nov. 10, 1989.

PAPERWORK REDUCTION

Section 123(e) of Pub. L. 101-147 provided that: "In implementing

and monitoring compliance with the provisions of the amendments

made by this section [amending this section] (other than the

amendment made by subsection (a)(2) to section 17(d)(2) of the

Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)), the Secretary

of Agriculture shall not impose any new requirement on a State or

local agency that would require the State or local agency to place

additional paperwork or documentation in a case file maintained by

a local agency."

FARMERS' MARKET COUPONS DEMONSTRATION PROJECT

Section 501(a) of Pub. L. 100-435 provided that: "The purpose of

this section is to authorize the establishment of a grant program

to encourage State demonstration projects designed to -

"(1) provide resources to persons who are nutritionally at risk

in the form of fresh nutritious unprepared foods (such as fruits

and vegetables), from farmers' markets; and

"(2) expand the awareness and use of farmers' markets and

increase sales at such markets."

STUDY OF NUTRITION SERVICES AND ADMINISTRATION FUNDING

Section 8(c) of Pub. L. 100-237 directed Secretary to conduct a

study of appropriateness of percentage of annual appropriation for

the program required by 42 U.S.C. 1786(h)(1) to be made available

for State and local agency costs for nutrition services and

administration, and to report results of this study to Congress not

later than Mar. 1, 1989, such study to include an analysis of the

impact in future years on per participant administrative costs if a

substantial number of States implement competitive bidding, rebate,

direct distribution, or home delivery systems and to examine the

impact of percentage provided for nutrition services and

administration on quality of such services.

STUDY OF MEDICAID SAVINGS FOR NEWBORNS FROM WIC PROGRAM

Section 10 of Pub. L. 100-237 directed Secretary of Agriculture

to study medicaid savings for newborns as result of prenatal

participation by mothers in special supplemental food program under

this section and to report study results to Congress by Feb. 1,

1990. Similar provisions were contained in Pub. L. 100-202, Sec.

101(k) [title III], Dec. 22, 1987, 101 Stat. 1329-349.

ACCOUNTABILITY FOR MIGRANT SERVICES

Section 348(b) of Pub. L. 99-500 and Pub. L. 99-591 and section

4308(b) of Pub. L. 99-661 provided that: "To the extent possible,

accountability for migrant services under section 17(g)(2) of the

Child Nutrition Act of 1966 [subsec. (g)(2) of this section] (as

added by subsection (a)) shall be conducted under regulations in

effect on the date of the enactment of this Act [Oct. 18, 1986]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 247b-16, 280c-6, 280g,

280h, 1396a, 1396r-1, 1396r-1a, 1760, 1766, 1769f, 1769h, 1776,

1784 of this title; title 7 sections 2018, 2021; title 10 section

1060a; title 20 sections 6082, 7182; title 31 section 3803.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1787 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1787. Repealed. Pub. L. 104-193, title VII, Sec. 730, Aug. 22,

1996, 110 Stat. 2305

-MISC1-

Section, Pub. L. 89-642, Sec. 18, as added Pub. L. 94-105, Sec.

23, Oct. 7, 1975, 89 Stat. 528, authorized appropriations and

directed Secretary to make cash grants for nutrition education.

-End-

-CITE-

42 USC Sec. 1788 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1788. Nutrition education and training

-STATUTE-

(a) Congressional findings

Congress finds that effective dissemination of scientifically

valid information to children participating or eligible to

participate in the school lunch and related child nutrition

programs should be encouraged.

(b) Statement of purpose

It is the purpose of this section to establish a system of grants

to State educational agencies for the development of comprehensive

nutrition education and training programs. Such nutrition education

programs shall fully use as a learning laboratory the school lunch

and child nutrition programs.

(c) "Nutrition education and training program" defined

For purposes of this section, the term "nutrition education and

training program" means a multidisciplinary program by which

scientifically valid information about foods and nutrients is

imparted in a manner that individuals receiving such information

will understand the principles of nutrition and seek to maximize

their well-being through food consumption practices. Nutrition

education programs shall include, but not be limited to, (A)

instructing students with regard to the nutritional value of foods

and the relationship between food and human health; (B) training

child nutrition program personnel in the principles and practices

of food service management; (C) instructing teachers in sound

principles of nutrition education; (D) developing and using

classroom materials and curricula; and (E) providing information to

parents and caregivers regarding the nutritional value of food and

the relationship between food and health.

(d) Nutrition education and training; grants; coordination with

other nutrition activities; coordination with Department of

Health and Human Services: transfer of funds; State contracts:

nutrition training grants and pilot projects

(1) The Secretary is authorized to formulate and carry out a

nutrition education and training program, through a system of

grants to State educational agencies, to provide for (A) the

nutritional training of educational and food service personnel, (B)

training school food service personnel in the principles and

practices of food service management, in cooperation with materials

developed at any food service management institute established as

authorized by section 1769b-1(a)(2) of this title, and (C) the

conduct of nutrition education activities in schools, child care

institutions, and institutions offering summer food service

programs under section 1761 of this title, and the provision of

nutrition education to parents and caregivers.

(2) The program is to be coordinated at the State level with

other nutrition activities conducted by education, health, and

State Cooperative Extension Service agencies. In formulating the

program, the Secretary and the State may solicit the advice and

recommendations of State educational agencies, the Department of

Health and Human Services, and other interested groups and

individuals concerned with improvement of child nutrition.

(3) If a State educational agency is conducting or applying to

conduct a health education program which includes a school-related

nutrition education component as defined by the Secretary, and that

health education program is eligible for funds under programs

administered by the Department of Health and Human Services, the

Secretary may make funds authorized in this section available to

the Department of Health and Human Services to fund the nutrition

education component of the State program without requiring an

additional grant application.

(4) The Secretary, in carrying out the provisions of this

subsection, shall make grants to State educational agencies who, in

turn, may contract with land-grant colleges eligible to receive

funds under the Act of July 2, 1862 [7 U.S.C. 301 et seq.], or the

Act of August 30, 1890 [7 U.S.C. 321 et seq.], including the

Tuskegee Institute, other institutions of higher education, and

nonprofit organizations and agencies, for the training of

educational, school food service, child care, and summer food

service personnel with respect to providing nutrition education

programs in schools and the training of school food service

personnel in school food service management, in coordination with

the activities authorized under section 1769b-1 of this title. Such

grants may be used to develop and conduct training programs for

early childhood, elementary, and secondary educational personnel

and food service personnel with respect to the relationship between

food, nutrition, and health; educational methods and techniques,

and issues relating to nutrition education; and principles and

skills of food service management for cafeteria personnel.

(5) The State, in carrying out the provisions of this subsection,

may contract with State and local educational agencies, land-grant

colleges eligible to receive funds under the Act of July 2, 1862 [7

U.S.C. 301 et seq.], or the act of August 30, 1890 [7 U.S.C. 321 et

seq.], including the Tuskegee Institute, other institutions of

higher education, and other public or private nonprofit educational

or research agencies, institutions, or organizations to pay the

cost of pilot demonstration projects in elementary and secondary

schools, and in child care institutions and summer food service

institutions, with respect to nutrition education. Such projects

may include, but are not limited to, projects for the development,

demonstration, testing, and evaluation of curricula for use in

early childhood, elementary, and secondary education programs.

(e) Agreements with State agencies; regulations

The Secretary is authorized to enter into agreements with State

educational agencies incorporating the provisions of this section,

and issue such regulations as are necessary to implement this

section.

(f) Use of funds; planning and assessment grants; administrative

expenses

(1) The funds made available under this section may, under

guidelines established by the Secretary, be used by State

educational agencies for -

(A) employing a nutrition education specialist to coordinate

the program, including travel and related personnel costs;

(B) undertaking an assessment of the nutrition education needs

of the State;

(C) developing a State plan of operation and management for

nutrition education;

(D) applying for and carrying out planning and assessment

grants;

(E) pilot projects and related purposes;

(F) the planning, development, and conduct of nutrition

education programs and workshops for food service and educational

personnel;

(G) coordinating and promoting nutrition education and training

activities in local school districts (incorporating, to the

maximum extent practicable, as a learning laboratory, the child

nutrition programs);

(H) contracting with public and private nonprofit educational

institutions for the conduct of nutrition education instruction

and programs relating to the purposes of this section;

(I) related nutrition education purposes, including the

preparation, testing, distribution, and evaluation of visual aids

and other informational and educational materials; and

(J) other appropriate related activities, as determined by the

State.

(2) A State agency may use an amount equal to not more than 15

percent of the funds made available through a grant under this

section for expenditures for administrative purposes in connection

with the program authorized under this section if the State makes

available at least an equal amount for administrative or program

purposes in connection with the program.

(g) Accounts, records, and reports; inspection, audit, and

preservation

(1) State educational agencies participating in programs under

this section shall keep such accounts and records as may be

necessary to enable the Secretary to determine whether there has

been compliance with this section and the regulations issued

hereunder. Such accounts and records shall be available at any

reasonable time for inspection and audit by representatives of the

Secretary and shall be preserved for such period of time, not in

excess of five years, as the Secretary determines to be necessary.

(2) State educational agencies shall provide reports on

expenditures of Federal funds, program participation, program

costs, and related matters, in such form and at such times as the

Secretary may prescribe.

(h) State coordinators for nutrition; duties; budget and need

assessment

(1) In order to be eligible for assistance under this section, a

State shall appoint a nutrition education specialist to serve as a

State coordinator for school nutrition education. It shall be the

responsibility of the State coordinator to make an assessment of

the nutrition education needs in the State, prepare a State plan,

and coordinate programs under this chapter with all other nutrition

education programs provided by the State with Federal or State

funds.

(2) Upon receipt of funds authorized by this section, the State

coordinator shall prepare an itemized budget and assess the

nutrition education and training needs of the State.

(i) Authorization of appropriations

(1) In general. -

(A) Funding. - There are authorized to be appropriated such

sums as are necessary to carry out this section for each of

fiscal years 1997 through 2003.

(B) Grants. -

(i) In general. - Grants to each State from the amounts made

available under subparagraph (A) shall be based on a rate of 50

cents for each child enrolled in schools or institutions within

the State, except that no State shall receive an amount less

than $75,000 per fiscal year.

(ii) Insufficient funds. - If the amount made available for

any fiscal year is insufficient to pay the amount to which each

State is entitled under clause (i), the amount of each grant

shall be ratably reduced.

(2) Funds made available to any State under this section shall

remain available to the State for obligation in the fiscal year

succeeding the fiscal year in which the funds were received by the

State.

(3) Enrollment data used for purposes of this subsection shall be

the latest available as certified by the Department of Education.

-SOURCE-

(Pub. L. 89-642, Sec. 19, as added Pub. L. 95-166, Sec. 15, Nov.

10, 1977, 91 Stat. 1340; amended Pub. L. 96-499, title II, Sec.

213, Dec. 5, 1980, 94 Stat. 2603; Pub. L. 97-35, title VIII, Secs.

806, 817(f), Aug. 13, 1981, 95 Stat. 527, 532; Pub. L. 99-500,

title III, Secs. 315, 362, 372(b), 373(b), Oct. 18, 1986, 100 Stat.

1783-360, 1783-368, 1783-369, and Pub. L. 99-591, title III, Secs.

315, 362, 372(b), 373(b), Oct. 30, 1986, 100 Stat. 3341-363,

3341-371, 3341-372; Pub. L. 99-661, div. D, title I, Sec. 4105,

title IV, Sec. 4402, title V, Secs. 4502(b), 4503(b), Nov. 14,

1986, 100 Stat. 4071, 4079-4081; Pub. L. 101-147, title I, Sec.

124, title II, Sec. 214, title III, Sec. 327, Nov. 10, 1989, 103

Stat. 905, 913, 918; Pub. L. 103-448, title II, Sec. 205, Nov. 2,

1994, 108 Stat. 4746; Pub. L. 104-193, title VII, Sec. 731(a)-(f),

Aug. 22, 1996, 110 Stat. 2305-2307; Pub. L. 105-336, title II, Sec.

204, Oct. 31, 1998, 112 Stat. 3167; Pub. L. 106-78, title VII, Sec.

752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 2, 1862, referred to in subsec. (d)(4), (5), is act

July 2, 1862, ch. 130, 12 Stat. 503, as amended, known as the

Morrill Act and also as the First Morrill Act, which is classified

generally to subchapter I (Sec. 301 et seq.) of chapter 13 of Title

7, Agriculture. For complete classification of this Act to the

Code, see Short Title note set out under section 301 of Title 7 and

Tables.

Act of August 30, 1890, referred to in subsec. (d)(4), (5), is

act Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended, known as the

Agricultural College Act of 1890 and also as the Second Morrill

Act, which is classified generally to subchapter II (Sec. 321 et

seq.) of chapter 13 of Title 7. For complete classification of this

Act to the Code, see Short Title note set out under section 321 of

Title 7 and Tables.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-

AMENDMENTS

1999 - Subsec. (d). Pub. L. 106-78 made technical amendment to

references in original act which appear in text as references to

sections 1761 and 1769b-1 of this title.

1998 - Subsec. (i). Pub. L. 105-336 inserted subsec. heading and

par. (1)(A) and struck out former subsec. heading and pars. (1) to

(3)(A) which provided for grants to States for nutrition education

and information programs based on rate of 50 cents for each child

enrolled in schools, minimum amounts to be received by States, and

authorizations of appropriations; redesignated par. (3)(B) as

(1)(B); and redesignated pars. (4) and (5) as (2) and (3),

respectively.

1996 - Subsec. (a). Pub. L. 104-193, Sec. 731(a)(1), substituted

"that effective dissemination of scientifically valid information

to children participating or eligible to participate in the school

lunch and related child nutrition programs should be encouraged."

for "that - " and pars. (1) to (5) which related to priority of

proper nutrition, lack of understanding of principles of good

nutrition, training school employees, role of parents, and

opportunities for children to learn about importance of good

nutrition.

Subsec. (b). Pub. L. 104-193, Sec. 731(a)(2), substituted

"establish" for "encourage effective dissemination of

scientifically valid information to children participating or

eligible to participate in the school lunch and related child

nutrition programs by establishing".

Subsec. (f)(1). Pub. L. 104-193, Sec. 731(b)(1)(B), struck out

"(A)" before "The funds made available" in introductory provisions,

redesignated cls. (i) to (viii) and (xx) as subpars. (A) to (H) and

(I), respectively, added subpar. (J), and struck out cls. (ix) to

(xix) which related to use of funds for a nutrition component

usable in consumer, homemaking and health education programs,

instructing staff on working with children from different

backgrounds, developing means of providing nutrition education in

materials to children through after-school programs, training about

healthy and nutritious meals, creating instructional programming

for school staff and parents, aspects of the Strategic Plan for

Nutrition and Education, encouraging public service advertisements,

coordinating and promoting nutrition activities in local school

districts, contracting with public and private nonprofit

educational institutions for nutrition education, increasing

awareness of importance of breakfasts, and coordinating and

promoting nutrition education under child nutrition programs.

Pub. L. 104-193, Sec. 731(b)(1)(A), struck out subpar. (B) which

read as follows: "As used in this paragraph, the term 'language

appropriate' used with respect to materials, programming, or

advertisements means materials, programming, or advertisements,

respectively, using a language other than the English language in a

case in which the language is dominant for a large percentage of

individuals participating in the program."

Subsec. (f)(2), (3). Pub. L. 104-193, Sec. 731(b)(2), (3),

redesignated par. (3) as (2) and struck out former par. (2) which

read as follows: "Any State desiring to receive grants authorized

by this section may, from the funds appropriated to carry out this

section, receive a planning and assessment grant for the purposes

of carrying out the responsibilities described in clauses (A), (B),

(C), and (D) of paragraph (1) of this subsection. Any State

receiving a planning and assessment grant, may, during the first

year of participation, be advanced a portion of the funds necessary

to carry out such responsibilities: Provided, That in order to

receive additional funding, the State must carry out such

responsibilities."

Subsec. (f)(4). Pub. L. 104-193, Sec. 731(b)(2), struck out par.

(4) which read as follows: "Nothing in this section shall prohibit

State or local educational agencies from making available or

distributing to adults nutrition education materials, resources,

activities, or programs authorized under this section."

Subsec. (g)(1). Pub. L. 104-193, Sec. 731(c), substituted "be

available at any reasonable time" for "at all times be available"

in second sentence.

Subsec. (h)(1). Pub. L. 104-193, Sec. 731(d)(1), in second

sentence, struck out "as provided in paragraph (2) of this

subsection" after "needs in the State" and "as provided in

paragraph (3) of this subsection" after "prepare a State plan".

Subsec. (h)(2). Pub. L. 104-193, Sec. 731(d)(2), struck out at

end "Such assessment shall include, but not be limited to, the

identification and location of all students in need of nutrition

education. The assessment shall also identify State and local

individual, group, and institutional resources within the State for

materials, facilities, staffs, and methods related to nutrition

education."

Subsec. (h)(3). Pub. L. 104-193, Sec. 731(d)(3), struck out par.

(3) which related to comprehensive nutrition education plan to be

submitted by State coordinator within 9 months of award of planning

and assessment grant and reviews in light of plan.

Subsec. (i)(2)(A). Pub. L. 104-193, Sec. 731(e)(1), struck out

"and each succeeding fiscal year" after "fiscal year 1996".

Subsec. (i)(3) to (5). Pub. L. 104-193, Sec. 731(e)(2), (3),

added par. (3) and redesignated former pars. (3) and (4) as (4) and

(5), respectively.

Subsec. (j). Pub. L. 104-193, Sec. 731(f), struck out subsec. (j)

which read as follows:

"(1) The Secretary shall assess the nutrition education and

training program carried out under this section to determine what

nutrition education needs are for children participating under the

National School Lunch Act in the school lunch program, the summer

food service program, and the child care food program.

"(2) The assessment required by paragraph (1) shall be completed

not later than October 1, 1990."

1994 - Subsec. (b). Pub. L. 103-448, Sec. 205(a), substituted

"education and training programs" for "information and education

programs".

Subsec. (c). Pub. L. 103-448, Sec. 205(a), (b), substituted

"education and training program" for "information and education

program" in first sentence, substituted "child nutrition program

personnel" for "school food service personnel" in subpar. (B), and

added subpar. (E).

Subsec. (d)(1). Pub. L. 103-448, Sec. 205(a), (c)(1), substituted

"education and training program" for "information and education

program" in introductory provisions and inserted ", and the

provision of nutrition education to parents and caregivers" before

period at end of subpar. (C).

Subsec. (d)(4). Pub. L. 103-448, Sec. 205(c)(2), substituted

"educational, school food service, child care, and summer food

service personnel" for "educational and school food service

personnel".

Subsec. (d)(5). Pub. L. 103-448, Sec. 205(c)(3), in first

sentence inserted ", and in child care institutions and summer food

service institutions," after "schools".

Subsec. (f)(1)(A). Pub. L. 103-448, Sec. 205(d)(1), designated

existing provisions of par. (1) as subpar. (A). Former subpar. (A)

redesignated cl. (i).

Subsec. (f)(1)(A)(i) to (viii). Pub. L. 103-448, Sec.

205(d)(2)-(4), redesignated subpars. (A) to (H) as cls. (i) to

(viii), respectively, of subpar. (A) and realigned margins.

Subsec. (f)(1)(A)(ix). Pub. L. 103-448, Sec. 205(d)(5), (7),

added cl. (ix). Former cl. (ix) redesignated (xx).

Pub. L. 103-448, Sec. 205(d)(3), (4), redesignated subpar. (I) as

cl. (ix) of subpar. (A) and realigned margins.

Subsec. (f)(1)(A)(x) to (xix). Pub. L. 103-448, Sec. 205(d)(7),

added cls. (x) to (xix).

Subsec. (f)(1)(A)(xx). Pub. L. 103-448, Sec. 205(d)(6),

redesignated cl. (ix) as (xx).

Subsec. (f)(1)(B). Pub. L. 103-448, Sec. 205(d)(8), added subpar.

(B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).

Subsec. (f)(1)(C) to (F). Pub. L. 103-448, Sec. 205(d)(3),

redesignated subpars. (C) to (F) as cls. (iii) to (vi) of subpar.

(A).

Subsec. (f)(1)(G). Pub. L. 103-448, Sec. 205(d)(3), redesignated

subpar. (G) as cl. (vii) of subpar. (A).

Pub. L. 103-448, Sec. 205(a), substituted "education and

training" for "information and education".

Subsec. (f)(1)(H), (I). Pub. L. 103-448, Sec. 205(d)(3),

redesignated subpars. (H) and (I) as cls. (viii) and (ix),

respectively, of subpar. (A).

Subsec. (f)(3). Pub. L. 103-448, Sec. 205(e), added par. (3) and

struck out former par. (3) which read as follows: "An amount not to

exceed 15 percent of each State's grant may be used for up to 50

percent of the expenditures for overall administrative and

supervisory purposes in connection with the program authorized

under this section."

Subsec. (h). Pub. L. 103-448, Sec. 205(f), substituted "nutrition

education and training needs" for "nutrition education needs" in

par. (2) and added subpar. (F) in par. (3).

Subsec. (i)(2)(A). Pub. L. 103-448, Sec. 205(g), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

"There is authorized to be appropriated for grants to each State

for the conduct of nutrition education and information programs -

"(i) $10,000,000 for the fiscal year 1990;

"(ii) $15,000,000 for the fiscal year 1991;

"(iii) $20,000,000 for the fiscal year 1992; and

"(iv) $25,000,000 for each of the fiscal years 1993 and 1994."

Subsec. (i)(3), (4). Pub. L. 103-448, Sec. 205(h), added par. (3)

and redesignated former par. (3) as (4).

Subsec. (j)(1). Pub. L. 103-448, Sec. 205(a), substituted

"education and training program" for "information and education

program".

1989 - Subsec. (d)(1)(B). Pub. L. 101-147, Sec. 124(1)(A)(i),

amended subpar. (B) generally. Prior to amendment, subpar. (B) read

as follows: "the food service management training of school food

service personnel, and".

Subsec. (d)(1)(C). Pub. L. 101-147, Sec. 124(1)(A)(ii),

substituted "schools, child care institutions, and institutions

offering summer food service programs under section 13 of the

National School Lunch Act" for "schools and child care

institutions".

Subsec. (d)(2). Pub. L. 101-147, Secs. 124(1)(B), 327(1)(A),

substituted "recommendations of State educational agencies, the

Department of Health and Human Services, and other" for

"recommendation of the National Advisory Council on Child

Nutrition; State educational agencies; the Department of Health and

Human Services; and other".

Subsec. (d)(4). Pub. L. 101-147, Secs. 124(1)(C), 327(1)(B),

struck out "(12 Stat. 503, as amended; 7 U.S.C. 301-305, 307 and

308)" after "Act of July 2, 1862" and "(26 Stat. 417, as amended; 7

U.S.C. 321-326 and 328)" after "Act of August 30, 1890" and

inserted ", in coordination with the activities authorized under

section 21 of the National School Lunch Act".

Subsec. (d)(5). Pub. L. 101-147, Sec. 327(1)(C), struck out "(12

Stat. 503, as amended; 7 U.S.C. 301-305, 307, and 308)" after "Act

of July 2, 1862" and "(26 Stat. 417, as amended; 7 U.S.C. 321-326

and 328)" after "act of August 30, 1890".

Subsec. (h)(3). Pub. L. 101-147, Sec. 327(2), in subpar. (E),

struck out "(12 Stat. 503; 7 U.S.C. 301-305, 307, and 308)" after

"Act of July 2, 1862" and "(26 Stat. 417, as amended; 7 U.S.C.

321-326 and 328)" after "act of August 30, 1890".

Pub. L. 101-147, Sec. 214, inserted at end "Each plan developed

as required by this section shall be updated on an annual basis."

Pub. L. 101-147, Sec. 124(2), in subpar. (C), struck out "the

National Advisory Council on Child Nutrition," after

"recommendations of".

Subsec. (i)(2). Pub. L. 101-147, Sec. 124(3), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "For the

fiscal year ending September 30, 1980, and for each succeeding

fiscal year ending on or before September 30, 1989, there is hereby

authorized to be appropriated for grants to each State for the

conduct of nutrition education and information programs, an amount

equal to the higher of (A) 50 cents for each child enrolled in

schools or in institutions within each State, or (B) $50,000 for

each State. There is authorized to be appropriated for the grants

referred to in the preceding sentence not more than $15,000,000 for

fiscal year 1981, and not more than $5,000,000 for each subsequent

fiscal year. Grants to each State from such appropriations shall be

based on a rate of 50 cents for each child enrolled in schools or

in institutions within such State, except that no State shall

receive an amount less than $50,000 for that year. If funds

appropriated for such year are insufficient to pay the amount to

which each State is entitled under the second preceding sentence,

the amount of such grant shall be ratably reduced to the extent

necessary so that the total of such amounts paid does not exceed

the amount of appropriated funds. If additional funds become

available for making such payments, such amounts shall be increased

on the same basis as they were reduced."

Subsec. (j). Pub. L. 101-147, Sec. 124(4), added subsec. (j).

1986 - Subsec. (d)(2), (3). Pub. L. 99-500 and Pub. L. 99-591,

Sec. 372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended pars.

(2) and (3) identically, substituting "Health and Human Services"

for "Health, Education, and Welfare" in one place in par. (2) and

in two places in par. (3).

Subsecs. (i), (j). Pub. L. 99-500 and Pub. L. 99-591, Secs. 315,

362, 372(b)(2), 373(b), and Pub. L. 99-661, Secs. 4105, 4402,

4502(b)(2), 4503(b), amended section identically, redesignating

subsec. (j) as (i), substituting "1989" for "1984" in one place and

"$50,000" for "$75,000" in two places in par. (2), and substituting

"Department of Education" for "Office of Education of the

Department of Health, Education, and Welfare" in par. (3).

1981 - Subsec. (d)(6). Pub. L. 97-35, Sec. 817(f), struck out

par. (6) relating to State prohibition on administration of program

in nonprofit private schools and institutions.

Subsec. (j)(2). Pub. L. 97-35, Sec. 806, substituted provisions

authorizing $15,000,000 for fiscal year 1981 and not more than

$5,000,000 for each subsequent fiscal year for provisions

authorizing $15,000,000 for the fiscal year beginning Oct. 1, 1980,

and each subsequent fiscal year.

1980 - Subsec. (j)(2). Pub. L. 96-499 substituted "For the fiscal

year ending September 30, 1980, and for each succeeding fiscal year

ending on or before September 30, 1984" for "For the fiscal year

beginning October 1, 1979" and "second preceding sentence" for

"preceding sentence" and inserted provision authorizing

appropriations for the fiscal year beginning October 1, 1980, and

subsequent fiscal years, for the grants referred to in the

preceding sentence, not more than $15,000,000.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-336 effective Oct. 1, 1998, see section

401 of Pub. L. 105-336, set out as a note under section 1755 of

this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 731(g) of Pub. L. 104-193 provided that: "The amendments

made by subsection (e) [amending this section] shall become

effective on October 1, 1996."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-448 effective Oct. 1, 1994, see section

401 of Pub. L. 103-448, set out as a note under section 1755 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

820(a)(4) of Pub. L. 97-35, set out as a note under section 1753 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1769b-1 of this title.

-End-

-CITE-

42 USC Sec. 1789 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1789. Department of Defense overseas dependents' schools

-STATUTE-

(a) Purpose of program; availability of payments and commodities

For the purpose of obtaining Federal payments and commodities in

conjunction with the provision of breakfasts to students attending

Department of Defense dependents' schools which are located outside

the United States, its territories or possessions, the Secretary of

Agriculture shall make available to the Department of Defense, from

funds appropriated for such purpose, the same payments and

commodities as are provided to States for schools participating in

the school breakfast program in the United States.

(b) Administration of program; eligibility determinations and

regulations

The Secretary of Defense shall administer breakfast programs

authorized by this section and shall determine eligibility for free

and reduced-price breakfasts under the criteria published by the

Secretary of Agriculture, except that the Secretary of Defense

shall prescribe regulations governing computation of income

eligibility standards for families of students participating in the

school breakfast program under this section.

(c) Nutritional standards for meals; noncompliance with standards

The Secretary of Defense shall be required to offer meals meeting

nutritional standards prescribed by the Secretary of Agriculture;

however, the Secretary of Defense may authorize deviations from

Department of Agriculture prescribed meal patterns and fluid milk

requirements when local conditions preclude strict compliance or

when such compliance is highly impracticable.

(d) Authorization of appropriations

Funds are hereby authorized to be appropriated for any fiscal

year in such amounts as may be necessary for the administrative

expenses of the Department of Defense under this section.

(e) Technical assistance for administration of program

The Secretary of Agriculture shall provide the Secretary of

Defense with technical assistance in the administration of the

school breakfast programs authorized by this section.

-SOURCE-

(Pub. L. 89-642, Sec. 20, as added Pub. L. 95-561, title XIV, Sec.

1408(b)(2), Nov. 1, 1978, 92 Stat. 2368; amended Pub. L. 99-500,

title III, Sec. 328(b), Oct. 18, 1986, 100 Stat. 1783-362, and Pub.

L. 99-591, title III, Sec. 328(b), Oct. 30, 1986, 100 Stat.

3341-365; Pub. L. 99-661, div. D, title II, Sec. 4208(b), Nov. 14,

1986, 100 Stat. 4073.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-

AMENDMENTS

1986 - Subsec. (d). Pub. L. 99-500, Pub. L. 99-591, and Pub. L.

99-661 amended subsec. (d) identically, striking out "and for

payment of the difference between the value of commodities and

payments received from the Secretary of Agriculture and (1) the

full cost of each breakfast for each student eligible for a free

breakfast, and (2) the full cost of each breakfast, less any

amounts required by law or regulation to be paid by each student

eligible for a reduced-price breakfast" after "this section".

EFFECTIVE DATE

Section effective Oct. 1, 1978, and no provisions to be construed

to impair or to prevent the taking of effect of any other Act

providing for the transfer of the described functions to an

executive department having responsibility for education, see

section 1415 of Pub. L. 95-561, set out as a note under section 921

of Title 20, Education.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer to Secretary of Education of functions of Secretary

of Defense and Department of Defense relating to operation of

overseas schools for dependents of Department of Defense and under

Defense Dependents' Education Act of 1978, 42 U.S.C. 921 et seq.,

see section 3442(a) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2243.

-End-

-CITE-

42 USC Sec. 1790 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1790. Breastfeeding promotion program

-STATUTE-

(a) In general

The Secretary, from amounts received under subsection (d) of this

section, shall establish a breastfeeding promotion program to

promote breastfeeding as the best method of infant nutrition,

foster wider public acceptance of breastfeeding in the United

States, and assist in the distribution of breastfeeding equipment

to breastfeeding women.

(b) Conduct of program

In carrying out the program described in subsection (a) of this

section, the Secretary may -

(1) develop or assist others to develop appropriate educational

materials, including public service announcements, promotional

publications, and press kits for the purpose of promoting

breastfeeding;

(2) distribute or assist others to distribute such materials to

appropriate public and private individuals and entities; and

(3) provide funds to public and private individuals and

entities, including physicians, health professional

organizations, hospitals, community based health organizations,

and employers, for the purpose of assisting such entities in the

distribution of breastpumps and similar equipment to

breastfeeding women.

(c) Cooperative agreements

The Secretary is authorized to enter into cooperative agreements

with Federal agencies, State and local governments, and other

entities to carry out the program described in subsection (a) of

this section.

(d) Gifts, bequests, and devises

(1) In general

The Secretary is authorized to solicit, accept, use, and

dispose of gifts, bequests, or devises of services or property,

both real and personal, for the purpose of establishing and

carrying out the program described in subsection (a) of this

section. Gifts, bequests, or devises of money and proceeds from

the sales of other property received as gifts, bequests, or

devises shall be deposited in the Treasury and shall be available

for disbursement upon order of the Secretary.

(2) Criteria for acceptance

The Secretary shall establish criteria for determining whether

to solicit and accept gifts, bequests, or devises under paragraph

(1), including criteria that ensure that the acceptance of any

gifts, bequests, or devises would not -

(A) reflect unfavorably on the ability of the Secretary to

carry out the Secretary's responsibilities in a fair and

objective manner; or

(B) compromise, or appear to compromise, the integrity of any

governmental program or any officer or employee involved in the

program.

-SOURCE-

(Pub. L. 89-642, Sec. 21, as added Pub. L. 102-342, title II, Sec.

201, Aug. 14, 1992, 106 Stat. 912.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1776 of this title.

-End-

-CITE-

42 USC Sec. 1791 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13A - CHILD NUTRITION

-HEAD-

Sec. 1791. Bill Emerson Good Samaritan Food Donation Act

-STATUTE-

(a) Short title

This section may be cited as the "Bill Emerson Good Samaritan

Food Donation Act".

(b) Definitions

As used in this section:

(1) Apparently fit grocery product

The term "apparently fit grocery product" means a grocery

product that meets all quality and labeling standards imposed by

Federal, State, and local laws and regulations even though the

product may not be readily marketable due to appearance, age,

freshness, grade, size, surplus, or other conditions.

(2) Apparently wholesome food

The term "apparently wholesome food" means food that meets all

quality and labeling standards imposed by Federal, State, and

local laws and regulations even though the food may not be

readily marketable due to appearance, age, freshness, grade,

size, surplus, or other conditions.

(3) Donate

The term "donate" means to give without requiring anything of

monetary value from the recipient, except that the term shall

include giving by a nonprofit organization to another nonprofit

organization, notwithstanding that the donor organization has

charged a nominal fee to the donee organization, if the ultimate

recipient or user is not required to give anything of monetary

value.

(4) Food

The term "food" means any raw, cooked, processed, or prepared

edible substance, ice, beverage, or ingredient used or intended

for use in whole or in part for human consumption.

(5) Gleaner

The term "gleaner" means a person who harvests for free

distribution to the needy, or for donation to a nonprofit

organization for ultimate distribution to the needy, an

agricultural crop that has been donated by the owner.

(6) Grocery product

The term "grocery product" means a nonfood grocery product,

including a disposable paper or plastic product, household

cleaning product, laundry detergent, cleaning product, or

miscellaneous household item.

(7) Gross negligence

The term "gross negligence" means voluntary and conscious

conduct (including a failure to act) by a person who, at the time

of the conduct, knew that the conduct was likely to be harmful to

the health or well-being of another person.

(8) Intentional misconduct

The term "intentional misconduct" means conduct by a person

with knowledge (at the time of the conduct) that the conduct is

harmful to the health or well-being of another person.

(9) Nonprofit organization

The term "nonprofit organization" means an incorporated or

unincorporated entity that -

(A) is operating for religious, charitable, or educational

purposes; and

(B) does not provide net earnings to, or operate in any other

manner that inures to the benefit of, any officer, employee, or

shareholder of the entity.

(10) Person

The term "person" means an individual, corporation,

partnership, organization, association, or governmental entity,

including a retail grocer, wholesaler, hotel, motel,

manufacturer, restaurant, caterer, farmer, and nonprofit food

distributor or hospital. In the case of a corporation,

partnership, organization, association, or governmental entity,

the term includes an officer, director, partner, deacon, trustee,

council member, or other elected or appointed individual

responsible for the governance of the entity.

(c) Liability for damages from donated food and grocery products

(1) Liability of person or gleaner

A person or gleaner shall not be subject to civil or criminal

liability arising from the nature, age, packaging, or condition

of apparently wholesome food or an apparently fit grocery product

that the person or gleaner donates in good faith to a nonprofit

organization for ultimate distribution to needy individuals.

(2) Liability of nonprofit organization

A nonprofit organization shall not be subject to civil or

criminal liability arising from the nature, age, packaging, or

condition of apparently wholesome food or an apparently fit

grocery product that the nonprofit organization received as a

donation in good faith from a person or gleaner for ultimate

distribution to needy individuals.

(3) Exception

Paragraphs (1) and (2) shall not apply to an injury to or death

of an ultimate user or recipient of the food or grocery product

that results from an act or omission of the person, gleaner, or

nonprofit organization, as applicable, constituting gross

negligence or intentional misconduct.

(d) Collection or gleaning of donations

A person who allows the collection or gleaning of donations on

property owned or occupied by the person by gleaners, or paid or

unpaid representatives of a nonprofit organization, for ultimate

distribution to needy individuals shall not be subject to civil or

criminal liability that arises due to the injury or death of the

gleaner or representative, except that this paragraph shall not

apply to an injury or death that results from an act or omission of

the person constituting gross negligence or intentional misconduct.

(e) Partial compliance

If some or all of the donated food and grocery products do not

meet all quality and labeling standards imposed by Federal, State,

and local laws and regulations, the person or gleaner who donates

the food and grocery products shall not be subject to civil or

criminal liability in accordance with this section if the nonprofit

organization that receives the donated food or grocery products -

(1) is informed by the donor of the distressed or defective

condition of the donated food or grocery products;

(2) agrees to recondition the donated food or grocery products

to comply with all the quality and labeling standards prior to

distribution; and

(3) is knowledgeable of the standards to properly recondition

the donated food or grocery product.

(f) Construction

This section shall not be construed to create any liability.

Nothing in this section shall be construed to supercede State or

local health regulations.

-SOURCE-

(Pub. L. 89-642, Sec. 22, formerly Pub. L. 101-610, title IV, Sec.

402, Nov. 16, 1990, 104 Stat. 3183; renumbered Sec. 22 and amended

Pub. L. 104-210, Sec. 1(a)(2), (b), Oct. 1, 1996, 110 Stat. 3011,

3012.)

-COD-

CODIFICATION

Section was formerly classified to section 12672 of this title

prior to renumbering by Pub. L. 104-210.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-210, Sec. 1(a)(2)(A), substituted "Bill

Emerson" for "Model" in section catchline.

Subsec. (a). Pub. L. 104-210, Sec. 1(a)(2)(B), inserted "Bill

Emerson" before "Good".

Subsec. (b)(7). Pub. L. 104-210, Sec. 1(a)(2)(C), reenacted

heading without change and amended text generally. Prior to

amendment, text read as follows: "The term 'gross negligence' means

voluntary and conscious conduct by a person with knowledge (at the

time of the conduct) that the conduct is likely to be harmful to

the health or well-being of another person."

Subsec. (c). Pub. L. 104-210, Sec. 1(a)(2)(D), added subsec. (c)

and struck out heading and text of former subsec. (c). Text read as

follows: "A person or gleaner shall not be subject to civil or

criminal liability arising from the nature, age, packaging, or

condition of apparently wholesome food or an apparently fit grocery

product that the person or gleaner donates in good faith to a

nonprofit organization for ultimate distribution to needy

individuals, except that this paragraph shall not apply to an

injury to or death of an ultimate user or recipient of the food or

grocery product that results from an act or omission of the donor

constituting gross negligence or intentional misconduct."

Subsec. (f). Pub. L. 104-210, Sec. 1(a)(2)(E), inserted at end

"Nothing in this section shall be construed to supercede State or

local health regulations."

-End-