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US (United States) Code. Title 42. Chapter 13: School lunch programs

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-CITE-

42 USC CHAPTER 13 - SCHOOL LUNCH PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-MISC1-

Sec.

1751. Congressional declaration of policy.

1752. Authorization of appropriations; "Secretary" defined.

1753. Apportionments to States.

1754. Repealed.

1755. Direct expenditures for agricultural commodities and

other foods.

(a) Administrative expenses; nutritional education;

pilot projects; cash-in-lieu of commodities

study; refusal of commodities and receipt of

other commodities available to the State in

lieu of the refused commodities.

(b) Delivery of commodities.

index; calculation of total assistance to each

State; emphasis on high protein foods; per

meal value of donated foods.

(d) Termination of commodity assistance based upon

school breakfast program.

(e) Minimum percentage of commodity assistance.

1756. Payments to States.

(a) State revenue matching requirements; special

provisions for lower than average income per

capita States.

(b) Disbursements; private schools.

(d) Combined Federal and State commodity purchases.

1757. State disbursement to schools.

(a) Disbursement by State educational agency.

(b) Permanent, amendable agreements.

(d) Use of funds.

(e) Limitation.

(f) Increase in meal reimbursement.

(g) In advance or as reimbursement.

1758. Program requirements.

(a) Nutritional standards; medical and special

dietary needs of individual students;

compliance assistance; fluid milk; acceptance

of offered foods.

(b) Income eligibility guidelines for free and

reduced price school lunches; duty of

Secretary; time to prescribe; relationship to

other poverty guidelines; revision;

publication; application, verification and

approval; use or disclosure of eligibility

information; maximum reduced price;

nondiscrimination or identification of

recipients.

agricultural commodities.

(d) Social Security numbers and other documentation

required as condition of eligibility.

(e) Limitation on meal contracting.

(f) Nutritional requirements.

(g) Justification of production records; paperwork

reduction.

(h) Food safety inspections.

(i) Single permanent agreement between State agency

and school food authority; common claims form.

(j) Purchases of locally produced foods.

1759. Direct disbursement to schools by Secretary.

1759a. Special assistance funds.

(a) Formula for computation of payments;

computation for lunches to eligible children

in schools funding service to ineligible

children from non-Federal sources; special

assistance factors; annual adjustments.

(b) Financing cost of free and reduced price

lunches on basis of need of school for special

assistance; maximum per lunch amount.

(d) Report of school to State educational agency,

contents; report of State educational agency

to Secretary, contents.

(e) Eligibility of commodity only schools for

special assistance payments; free and reduced

price meals; discrimination and identification

prohibited.

(f) Information and assistance concerning

reimbursement options.

1760. Miscellaneous provisions.

(a) Accounts and records.

(b) Agreements with State educational agencies.

personnel, curriculum, instruction, etc.

(d) Definitions.

(e) Value of assistance as income or resources

under Federal or State laws.

(f) Adjustment of national average payment rate for

Alaska, Hawaii, territories and possessions,

etc.

(g) Criminal penalties.

(h) Combined allocation for breakfast and lunch.

(i) Use of school lunch facilities for elderly

programs.

(j) Reimbursement for final claims.

(k) Expedited rulemaking.

(l) Waiver of statutory and regulatory

requirements.

(m) Food and nutrition projects.

(n) Buy American.

(o) Procurement contracts.

(p) Grant for demonstration project.

1761. Summer food service programs for children in service

institutions.

(a) Assistance to States; definitions; facilities

to be used; eligible service institutions;

order of priority in participation; assistance

to rural area eligible service institutions to

participate in the programs; reimbursement of

camps, limitations, local, municipal and

county institutions to be run by government;

eligible private nonprofit organizations.

(b) Service institutions.

September; exceptions for continuous school

calendars or non-school sites; National Youth

Sports Program.

(d) Advance program payments to States for monthly

meal service; letters of credit, forwarding to

States; determination of amount; valid claims,

receipt.

(e) Advance program payments to service

institutions for monthly meal service;

certification of personnel training sessions;

minimum days per month operations requirement;

payments: computation, limitation; valid

claims, receipt; withholding; demand for

repayment; subtraction of disputed payments.

(f) Nutritional standards.

(g) Regulations, guidelines, applications, and

handbooks; publication; startup costs.

(h) Direct disbursement to service institutions by

Secretary.

(i) Repealed.

(j) Administrative expenses of Secretary;

authorization of appropriations.

(k) Administrative costs of State; payment;

adjustment; standards and effective dates,

establishment; funds: withholding, inspection.

(l) Food service management companies;

subcontracts; assignments, conditions and

limitations; meal capacity information in bids

subject to review; registration; record,

availability to States; small and

minority-owned businesses for supplies and

services; contracts: standard form, bid and

contract procedures, bonding requirements and

exemption, review by States, collusive bidding

safeguards.

(m) Accounts and records.

(n) Management and administration plan;

notification and submittal to Secretary;

specific provisions.

(o) Violations and penalties.

(p) Monitoring of participating private nonprofit

organizations.

(q) Authorization of appropriations.

1762. Repealed.

1762a. Commodity distribution program.

(a) Applicable period; use of funds for purchase of

agricultural commodities and products for

donation.

(b) Nutrition quality and content information.

products or for cash payments in lieu of

donations.

(d) Assistance procedures; cost and benefits,

review; technical assistance; report to

Congress; food quality standards contracting

procedures.

(e) Consultation with school representatives.

(f) Commodity only schools.

(g) Extension of alternative means of assistance.

1763, 1764. Repealed.

1765. Election to receive cash payments.

1766. Child and adult care food program.

(a) Grant authority and institution eligibility.

(b) Limitations on cash assistance.

average payment rate.

(d) Institution approval and applications.

(e) Hearing.

(f) State disbursements to institutions.

(g) Meals served by participating institutions;

compliance assistance.

(h) Donation of agricultural commodities by

Secretary; measurement of value; annual

readjustment of assistance; cash in lieu of

commodities; Department of Defense child care

feeding program.

(i) Availability of money for audits.

(j) Standard form agreement regulations.

(k) Training and technical assistance.

(l) Non-diminishment of State and local funds.

(m) Accounts and records.

(n) Authorization of appropriations.

(o) Participation of older persons and chronically

impaired disabled persons.

(p) Demonstration projects for qualification under

this section of private for-profit

organizations providing nonresidential day

care services.

(q) Management support.

(r) Program for at-risk school children.

(s) Information concerning the special supplemental

nutrition program for women, infants, and

children.

(t) Participation by emergency shelters.

1766a. Meal supplements for children in afterschool care.

(a) General authority.

(b) Eligible children.

(d) Contents of supplements.

1766b to 1768. Repealed.

1769. Pilot projects.

(a) Pilot projects for administration of child

nutrition programs by contract or direct

disbursement.

(b) Extension of eligibility of certain school

districts to receive cash or commodity letters

of credit assistance for school lunch

programs.

(d) Fortified fluid milk.

(e) Breakfast pilot projects.

(f) Summer food pilot projects.

(g) Fruit and vegetable pilot program.

1769a. Repealed.

1769b. Department of Defense overseas dependents' schools.

(a) Purpose of program; availability of payments

and commodities.

(b) Administration of program; eligibility

determinations and regulations.

with standards.

(d) Authorization of appropriations.

(e) Technical assistance for administration of

program.

1769b-1. Training, technical assistance, and food service

management institute.

(a) General authority.

(b) Minimum requirements.

(d) Coordination.

(e) Authorization of appropriations.

1769c. Compliance and accountability.

(a) Unified accountability system.

(b) Functions of system.

(d) Authorization of appropriations.

1769d, 1769e. Repealed.

1769f. Duties of Secretary relating to nonprocurement

debarment.

(a) Purposes.

(b) Definitions.

anticompetitive activities.

(d) Nonprocurement debarment.

(e) Mandatory debarment.

(f) Exhaustion of administrative remedies.

(g) Information relating to prevention and control

of anticompetitive activities.

1769g. Information clearinghouse.

(a) In general.

(b) Nongovernmental organization.

(d) Funding.

1769h. Accommodation of the special dietary needs of

individuals with disabilities.

(a) Definitions.

(b) Activities.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1633, 1643, 1772, 1776,

1776a, 1776b, 1779, 1782, 1785, 9858m, 9859c of this title; title 7

sections 1431c, 4004; title 8 sections 1255a, 1613, 1615, 1632;

title 20 sections 1070a-22, 1070a-24, 1070a-26, 6313, 6537; title

26 section 1397E; title 31 section 3803; title 40 section 113;

title 48 section 1666.

-End-

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42 USC Sec. 1751 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1751. Congressional declaration of policy

-STATUTE-

It is declared to be the policy of Congress, as a measure of

national security, to safeguard the health and well-being of the

Nation's children and to encourage the domestic consumption of

nutritious agricultural commodities and other food, by assisting

the States, through grants-in-aid and other means, in providing an

adequate supply of foods and other facilities for the

establishment, maintenance, operation, and expansion of nonprofit

school lunch programs.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 2, 60 Stat. 230; Pub. L. 101-147,

title III, Sec. 312(1), Nov. 10, 1989, 103 Stat. 916.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-147 substituted "school lunch" for

"school-lunch".

EFFECTIVE DATE OF 1989 AMENDMENT

Section 2 of Pub. L. 101-147 provided that: "Except as otherwise

provided in this Act, the amendments made by this Act [see Short

Title of 1989 Amendment note below] shall take effect on the date

of the enactment of this Act [Nov. 10, 1989]."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-336, Sec. 1(a), Oct. 31, 1998, 112 Stat. 3143,

provided that: "This Act [amending sections 1755, 1758, 1759a to

1761, 1762a, 1765 to 1766a, 1769, 1769b-1, 1769c, 1769f to 1769h,

1773, 1776, 1784, 1786, and 1788 of this title, repealing section

1766b of this title, enacting provisions set out as notes under

sections 1755, 1761, and 1786 of this title, and amending

provisions set out as notes under section 1769 of this title and

section 612c of Title 7, Agriculture] may be cited as the 'William

F. Goodling Child Nutrition Reauthorization Act of 1998'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-149, Sec. 1, May 29, 1996, 110 Stat. 1379, provided

that: "This Act [amending section 1758 of this title] may be cited

as the 'Healthy Meals for Children Act'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-448, Sec. 1(a), Nov. 2, 1994, 108 Stat. 4699,

provided that: "This Act [enacting sections 1766b and 1769f to

1769h of this title, amending sections 280c-6, 1396a, 1755, 1756,

1758, 1759a, 1760, 1761, 1762a, 1766, 1769, 1769a, 1769b-1, 1769c,

1773, 1776, 1779, 1786, and 1788 of this title, section 2018 of

Title 7, Agriculture, section 1484a of Title 20, Education, and

section 3803 of Title 31, Money and Finance, enacting provisions

set out as notes under this section and sections 1755, 1758, 1760,

1761, 1762a, 1769f, and 1786 of this title, amending provisions set

out as notes under section 1786 of this title and section 612c of

Title 7, and repealing provisions set out as a note under section

1786 of this title] may be cited as the 'Healthy Meals for Healthy

Americans Act of 1994'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-342, Sec. 1, Aug. 14, 1992, 106 Stat. 911, provided

that: "This Act [enacting section 1790 of this title, amending

sections 1766, 1769, and 1786 of this title, enacting provisions

set out as a note under section 1769 of this title, and amending

provisions set out as a note under section 612c of Title 7,

Agriculture] may be cited as the 'Child Nutrition Amendments of

1992'."

SHORT TITLE OF 1989 AMENDMENT

Section 1(a) of Pub. L. 101-147 provided that: "This Act

[enacting sections 1766a, 1769b-1, 1769c, 1769d, and 1769e of this

title, amending this section and sections 1753, 1755-1758, 1759a,

1760, 1761, 1762a, 1765, 1766, 1769-1769b, 1772, 1773, 1776, 1779,

1783, 1784, 1786, and 1788 of this title, repealing sections 1762

and 1763 of this title, enacting provisions set out as notes under

this section and sections 1755, 1758, 1761, 1762a, 1766, 1766a,

1769, 1769c, 1773, 1776, and 1786 of this title, and amending

provisions set out as a note under section 1766 of this title] may

be cited as the 'Child Nutrition and WIC Reauthorization Act of

1989'."

SHORT TITLE OF 1986 AMENDMENTS

Pub. L. 99-661, Sec. 4001(a), Nov. 14, 1986, 100 Stat. 4070,

provided that: "This division [div. D (Secs. 4001-4503) of Pub. L.

99-661, amending sections 1752, 1755, 1758, 1760, 1761, 1762a,

1766, 1769 to 1769b, 1772, 1773, 1776, 1784, 1786, 1788, and 1789

of this title, repealing sections 1767, 1768, and 1769c of this

title, and enacting provisions set out as notes under sections

1758, 1760, 1766, 1772, 1773, and 1786 of this title and section

1431e of Title 7, Agriculture] may be cited as the 'Child Nutrition

Amendments of 1986'."

Pub. L. 99-500, title III, Sec. 301(a), Oct. 18, 1986, 100 Stat.

1783-359, and Pub. L. 99-591, title III, Sec. 301(a), Oct. 30,

1986, 100 Stat. 3341-362, provided that: "This title [amending

sections 1752, 1755, 1758, 1760, 1761, 1762a, 1766, 1769 to 1769b,

1772, 1773, 1776, 1784, 1786, 1788, and 1789 of this title and

section 1929a of Title 7, Agriculture, repealing sections 1767,

1768, and 1769c of this title, and enacting provisions set out as

notes under sections 1758, 1760, 1766, 1772, 1773, and 1786 of this

title and sections 1431e and 1929a of Title 7] may be cited as the

'School Lunch and Child Nutrition Amendments of 1986'."

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-627, Sec. 1, Nov. 10, 1978, 92 Stat. 3603, provided:

"That this Act [enacting section 1769c of this title, amending

sections 1755, 1757, 1758, 1759a to 1761, 1762a, 1766, 1769, 1772

to 1774, 1776, 1784, and 1786 of this title, and enacting

provisions set out as notes under sections 1755, 1773 and 1786 of

this title] may be cited as the 'Child Nutrition Amendments of

1978'."

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-166, Sec. 1, Nov. 10, 1977, 91 Stat. 1325, provided:

"That this Act [enacting sections 1769, 1769a, and 1788 of this

title, amending sections 1754 to 1758, 1759a, 1760, 1761, 1762a,

1763, 1766, 1772 to 1774, 1776, 1779, 1784, and 1786 of this title,

and enacting provisions set out as notes under sections 1755 and

1772 of this title] may be cited as the 'National School Lunch Act

and Child Nutrition Amendments of 1977'."

SHORT TITLE OF 1975 AMENDMENT

Pub. L. 94-105, Sec. 1, Oct. 7, 1975, 89 Stat. 511, provided:

"That this Act [enacting sections 1765, 1766, 1767, 1768, and 1787

of this title, amending sections 1752, 1755, 1756, 1758, 1759,

1759a, 1760, 1761, 1762a, 1772, 1773, 1774, 1784, and 1786 of this

title, repealing section 1764 of this title, and enacting

provisions set out as notes under sections 1758, 1760, 1761, and

1786 of this title] may be cited as the 'National School Lunch Act

and Child Nutrition Act of 1966 Amendments of 1975'."

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-326, Sec. 1, June 30, 1974, 88 Stat. 286, provided:

"That this Act [enacting section 1762a of this title and amending

sections 1752, 1755, 1758, 1763, 1774, and 1786 of this title] may

be cited as the 'National School Lunch and Child Nutrition Act

Amendments of 1974'."

SHORT TITLE OF 1973 AMENDMENT

Pub. L. 93-150, Sec. 1, Nov. 7, 1973, 87 Stat. 560, provided:

"That this Act [amending sections 1753, 1755, 1757, 1758, 1759,

1759a, 1763, 1772, 1773, and 1786 of this title, and enacting

provisions set out as notes under this section and section 240 of

Title 20, Education] may be cited as the 'National School Lunch and

Child Nutrition Act Amendments of 1973'."

SHORT TITLE

Section 1 of act June 4, 1946, as amended by Pub. L. 106-78,

title VII, Sec. 752(a), Oct. 22, 1999, 113 Stat. 1169, provided:

"That this Act [enacting this chapter] may be cited as the 'Richard

B. Russell National School Lunch Act'."

COORDINATION OF SCHOOL LUNCH, SCHOOL BREAKFAST, AND SUMMER FOOD

SERVICE PROGRAMS

Pub. L. 104-193, title VII, Sec. 741, Aug. 22, 1996, 110 Stat.

2307, as amended by Pub. L. 106-78, title VII, Sec. 752(b)(6), Oct.

22, 1999, 113 Stat. 1169, provided that:

"(a) Coordination. -

"(1) In general. - The Secretary of Agriculture shall develop

proposed changes to the regulations under the school lunch

program under the Richard B. Russell National School Lunch Act

(42 U.S.C. 1751 et seq.), the summer food service program under

section 13 of that Act (42 U.S.C. 1761), and the school breakfast

program under section 4 of the Child Nutrition Act of 1966 (42

U.S.C. 1773), for the purpose of simplifying and coordinating

those programs into a comprehensive meal program.

"(2) Consultation. - In developing proposed changes to the

regulations under paragraph (1), the Secretary of Agriculture

shall consult with local, State, and regional administrators of

the programs described in such paragraph.

"(b) Report. - Not later than November 1, 1997, the Secretary of

Agriculture shall submit to the Committee on Agriculture,

Nutrition, and Forestry of the Senate and the Committee on Economic

and Educational Opportunities of the House of Representatives a

report containing the proposed changes developed under subsection

(a)."

SUPPLEMENTAL NUTRITION PROGRAMS; CONGRESSIONAL STATEMENT OF

FINDINGS

Pub. L. 103-448, Sec. 2, Nov. 2, 1994, 108 Stat. 4700, as amended

by Pub. L. 106-78, title VII, Sec. 752(b)(15), Oct. 22, 1999, 113

Stat. 1170, provided that: "Congress finds that -

"(1) undernutrition can permanently retard physical growth,

brain development, and cognitive functioning of children;

"(2) the longer a child's nutritional, emotional, and

educational needs go unmet, the greater the likelihood of

cognitive impairment;

"(3) low-income children who attend school hungry score

significantly lower on standardized tests than non-hungry

low-income children; and

"(4) supplemental nutrition programs under the Richard B.

Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and

the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) can help

to offset threats posed to a child's capacity to learn and

perform in school that result from inadequate nutrient intake."

STUDY OF ADULTERATION OF JUICE PRODUCTS SOLD TO SCHOOL MEAL

PROGRAMS

Pub. L. 103-448, title I, Sec. 125, Nov. 2, 1994, 108 Stat. 4734,

directed Comptroller General of the United States, not later than 1

year after Nov. 2, 1994, to conduct study and to submit a report to

Congress on costs and problems associated with sale of adulterated

fruit juice and juice products to the school lunch program under

this chapter and school breakfast program under section 1773 of

this title.

CONSOLIDATION OF SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST PROGRAM

INTO COMPREHENSIVE MEAL PROGRAM

Pub. L. 103-448, title III, Sec. 301, Nov. 2, 1994, 108 Stat.

4749, as amended by Pub. L. 106-78, title VII, Sec. 752(b)(15),

Oct. 22, 1999, 113 Stat. 1170, provided that:

"(a) In General. - Notwithstanding any provision of [the] Richard

B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or

the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except as

otherwise provided in this section, the Secretary of Agriculture

shall, not later than 18 months after the date of enactment of this

Act [Nov. 2, 1994], develop and implement regulations to

consolidate the school lunch program under the Richard B. Russell

National School Lunch Act (42 U.S.C. 1751 et seq.) and the school

breakfast program under section 4 of the Child Nutrition Act of

1966 (42 U.S.C. 1773) into a comprehensive meal program.

"(b) Requirements. - In establishing the comprehensive meal

program under subsection (a), the Secretary shall meet the

following requirements:

"(1) The Secretary shall ensure that the program continues to

serve children who are eligible for free and reduced price meals.

The meals shall meet the nutritional requirements of section

9(a)(1) of the Richard B. Russell National School Lunch Act (42

U.S.C. 1758(a)(1)) and section 4(e)(1) of the Child Nutrition Act

of 1966 (42 U.S.C. 1773(e)(1)).

"(2) The Secretary shall continue to make breakfast assistance

payments in accordance with section 4 of the Child Nutrition Act

of 1966 (42 U.S.C. 1773) and food assistance payments in

accordance with the Richard B. Russell National School Lunch Act

(42 U.S.C. 1751 et seq.).

"(3) The Secretary may not consolidate any aspect of the school

lunch program or the school breakfast program with respect to any

matter described in any of subparagraphs (A) through (N) of

section 12(l)(4) of the Richard B. Russell National School Lunch

Act (42 U.S.C. 1760(l)(4)).

"(c) Plan and Recommendations. -

"(1) Plan for consolidation and simplification. - Not later

than 180 days prior to implementing the regulations described in

subsection (a), the Secretary shall prepare and submit to the

Committee on Education and Labor [now Committee on Education and

the Workforce] of the House of Representatives and the Committee

on Agriculture, Nutrition, and Forestry of the Senate a plan for

the consolidation and simplification of the school lunch program

and the school breakfast program.

"(2) Recommendations with respect to change in payment amounts.

- If the Secretary proposes to change the amount of the breakfast

assistance payment or the food assistance payment under the

comprehensive meal program, the Secretary shall not include the

change in the consolidation and shall prepare and submit to the

Committee on Education and Labor [now Committee on Education and

the Workforce], and the Committee on Agriculture, of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate recommendations for legislation to effect

the change."

STUDY AND REPORT RELATING TO USE OF PRIVATE FOOD ESTABLISHMENTS AND

CATERERS UNDER SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST PROGRAM

Pub. L. 103-448, title III, Sec. 302, Nov. 2, 1994, 108 Stat.

4750, directed Comptroller General of the United States, in

conjunction with the Director of the Office of Technology

Assessment, to conduct a study and submit a report to Congress, not

later than Sept. 1, 1996, on the use of private food establishments

and caterers by schools that participate in the school lunch

program under this chapter or the school breakfast program under

section 1773 of this title.

SCHOOL LUNCH STUDIES

Pub. L. 101-624, title XVII, Sec. 1779, Nov. 28, 1990, 104 Stat.

3816, directed Secretary of Agriculture to determine the quantity

of bonus commodities lost, by State, since the 1987-88 school year,

the amount that school food service authorities charged students

for non-free or reduced price meals, and the trends in school

participation and student participation, by State and for the

United States, and directed Secretary also to determine the cost to

produce school lunches and breakfasts, including indirect and local

administrative costs, the reasons why schools choose not to

participate in the National school lunch program, the State costs

incurred to administer the school programs, and the reasons why

children eligible for free or reduced price meals do not apply for

benefits or participate, with Secretary to submit to Congress a

final report on results of the studies not later than Oct. 1, 1993.

COMPREHENSIVE STUDY OF BENEFITS OF PROGRAMS; REPORT TO CONGRESS

Pub. L. 93-150, Sec. 10, Nov. 7, 1973, 87 Stat. 564, directed

Secretary of Agriculture to carry out a comprehensive study to

determine if the benefits of the National School Lunch Act and the

Child Nutrition Act are accruing to the maximum extent possible to

all of the nation's school children, and to determine if regional

cost differentials exist in Alaska and other States so as to

require additional reimbursement, such report with recommendations

to be submitted to Congress no later than June 30, 1974.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

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42 USC Sec. 1752 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1752. Authorization of appropriations; "Secretary" defined

-STATUTE-

For each fiscal year, there is authorized to be appropriated, out

of money in the Treasury not otherwise appropriated, such sums as

may be necessary to enable the Secretary of Agriculture

(hereinafter referred to as "the Secretary") to carry out the

provisions of this chapter, other than sections 1761 and 1766 of

this title. Appropriations to carry out the provisions of this

chapter and of the Child Nutrition Act of 1966 [42 U.S.C. 1771 et

seq.] for any fiscal year are authorized to be made a year in

advance of the beginning of the fiscal year in which the funds will

become available for disbursement to the States. Notwithstanding

any other provision of law, any funds appropriated to carry out the

provisions of this chapter and the Child Nutrition Act of 1966

shall remain available for the purposes of the Act for which

appropriated until expended.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 3, 60 Stat. 230; Pub. L. 87-823, Sec.

1, Oct. 15, 1962, 76 Stat. 944; Pub. L. 90-302, Sec. 1, May 8,

1968, 82 Stat. 117; Pub. L. 91-248, Sec. 1(a), May 14, 1970, 84

Stat. 208; Pub. L. 93-326, Sec. 7, June 30, 1974, 88 Stat. 287;

Pub. L. 94-105, Sec. 24, Oct. 7, 1975, 89 Stat. 529; Pub. L.

99-500, title III, Sec. 371(a)(2), Oct. 18, 1986, 100 Stat.

1783-368, and Pub. L. 99-591, title III, Sec. 371(a)(2), Oct. 30,

1986, 100 Stat. 3341-371; Pub. L. 99-661, div. D, title V, Sec.

4501(a)(2), Nov. 14, 1986, 100 Stat. 4080.)

-REFTEXT-

REFERENCES IN TEXT

The Child Nutrition Act of 1966, referred to in text, is Pub. L.

89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is

classified generally to chapter 13A (Sec. 1771 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1771 of this title and

Tables.

-COD-

CODIFICATION

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

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661, which

identically directed amendment of section by substituting "sections

1761 and 1766" for "sections 1761, 1766, and 1768" were executed

making the substitution for "sections 1761, 1766 and 1768" as the

probable intent of Congress.

1975 - Pub. L. 94-105 substituted "sections 1761, 1766 and 1768"

for "section 1761".

1974 - Pub. L. 93-326 substituted "other than section 1761 of

this title" for "other than sections 1759a and 1761 of this title".

1970 - Pub. L. 91-248 provided that appropriations for child food

service programs may be made a year in advance of the beginning of

the fiscal year in which the funds become available and that funds

appropriated for such programs remain available until expended.

1968 - Pub. L. 90-302 inserted section 1761 to enumeration of

sections excepted from application of this section.

1962 - Pub. L. 87-823 struck out ", beginning with the fiscal

year ending June 30, 1947," after "fiscal year" and inserted ",

other than section 1759a of this title."

APPROPRIATIONS AS FUNCTIONS OF HEALTH AND HUMAN SERVICES

Section 1 of Pub. L. 90-302, as amended by Pub. L. 96-88, title

V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, provided in part that:

"Appropriations shall be considered Health and Human Services

functions for budget purposes rather than functions of

Agriculture."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1753, 1786 of this title.

-End-

-CITE-

42 USC Sec. 1753 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1753. Apportionments to States

-STATUTE-

(a) The sums appropriated for any fiscal year pursuant to the

authorizations contained in section 1752 of this title shall be

available to the Secretary for supplying agricultural commodities

and other food for the program in accordance with the provisions of

this chapter.

(b)(1) The Secretary shall make food 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 a total amount equal to the product obtained by

multiplying -

(A) the number of lunches (consisting of a combination of foods

which meet the minimum nutritional requirements prescribed by the

Secretary under section 1758(a) of this title) served during such

fiscal year in schools in such State which participate in the

school lunch program under this chapter under agreements with

such State educational agency; by

(B) the national average lunch payment prescribed in paragraph

(2) of this subsection.

(2) The national average lunch payment for each lunch served

shall be 10.5 cents (as adjusted pursuant to section 1759a(a) of

this title) except that for each lunch served in school food

authorities in which 60 percent or more of the lunches served in

the school lunch program during the second preceding school year

were served free or at a reduced price, the national average lunch

payment shall be 2 cents more.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 4, 60 Stat. 230; July 12, 1952, ch.

699, Sec. 1(a), 66 Stat. 591; Pub. L. 87-688, Sec. 3(a), Sept. 25,

1962, 76 Stat. 587; Pub. L. 87-823, Sec. 2, Oct. 15, 1962, 76 Stat.

944; Pub. L. 92-433, Sec. 4(c), Sept. 26, 1972, 86 Stat. 726; Pub.

L. 93-150, Sec. 2(a), Nov. 7, 1973, 87 Stat. 560; Pub. L. 97-35,

title VIII, Secs. 801(a), 819(g), Aug. 13, 1981, 95 Stat. 521, 533;

Pub. L. 101-147, title III, Secs. 301, 312(2), Nov. 10, 1989, 103

Stat. 913, 916.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-147, Sec. 301, inserted "Apportionments to

States" as section catchline.

Subsec. (b)(2). Pub. L. 101-147, Sec. 312(2), substituted

"reduced price" for "reduced-price".

1981 - Subsec. (a). Pub. L. 97-35, Secs. 801(a)(1), (2), 819(g),

designated existing provisions as subsec. (a), struck out exclusion

of sum specified in section 1754 of this title, and struck out

provisions relating to food assistance payments.

Subsec. (b). Pub. L. 97-35, Sec. 801(a)(3), added subsec. (b).

1973 - Pub. L. 93-150 increased national average food assistance

payments from 8 to 10 cents per lunch.

1972 - Pub. L. 92-433 substituted new formula for food assistance

payments to State educational agencies by taking into account the

number of lunches served during the year, the children in the

schools in such State participating in the school lunch program,

and the national average payment per lunch set up by the Secretary,

with certain limitations, for apportionment formula limiting the

apportionable funds to 75 per cent of the available funds for such

year, and taking into account the participation rate for the State,

the need rate for the State, and providing for a method of

apportionment, special provisions for disposal of excess or unused

funds and for fiscal years beginning July 1, 1962, July 1, 1963,

July 1, 1964 and fixing the funds for American Samoa at $25,000 for

each year for the five fiscal years beginning July 1, 1962.

1962 - Pub. L. 87-823 amended section generally, and, among other

changes, substituted as factors for apportionment of funds among

the States "(1) the participation rate for the State, and (2) the

assistance need rate for the State" for "(1) the number of school

children in the State and (2) the need for assistance in the State

as indicated by the relation of the per capita income of the United

States to the per capita income in the State"; inserted, in

provision for determination of amount of apportionment in clause

designated "second", "(exclusive of American Samoa for periods

ending before July 1, 1967)"; inserted provisions for use of

transitional formulas in apportionment of funds for fiscal years

beginning in 1962, 1963, and 1964 and apportioning to American

Samoa $25,000 annually for five fiscal years in period beginning

July 1, 1962 and ending June 30, 1967; and struck out apportionment

formula for Puerto Rico, Guam, American Samoa, and the Virgin

Islands, which limited apportionments to 3 per centum of the total

fund to be apportioned but required the apportionment to each to be

not less than an amount which would result in an allotment per

child of school age equal to that for the State with the lowest per

capita income, definition of school (incorporated in section

1760(d)(7) of this title), provision for use of latest per capita

income figures certified by the Department of Commerce

(incorporated in section 1760(d)(6)(ii) of this title), and

definition of school children which provided that the number of

school children should be the number between ages of five and

seventeen.

Pub. L. 87-688 inserted "American Samoa," after "Guam," in two

places and "the apportionment for American Samoa," after "the

apportionment for Guam,".

1952 - Act July 12, 1952, removed Alaska and Hawaii from 3

percent limitation imposed on Puerto Rico and Virgin Islands, made

limitation applicable to Guam, and modified effects of 3 percent

limitation.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 820(a) of title VIII of Pub. L. 97-35 provided that: "The

provisions of this title shall take effect as follows:

"(1) The amendments made by the following sections shall take

effect on the first day of the month following the date of the

enactment of this Act [Aug. 13, 1981] or on September 1, 1981,

whichever is earlier:

"(A) section 801 [amending this section and sections 1759a and

1773 of this title];

"(B) that portion of the amendment made by section 810(c)

[amending section 1766 of this title] pertaining to the

reimbursement rate for supplements;

"(C) that portion of the amendment made by section 810(d)(1)

[amending section 1766 of this title] pertaining to the

limitation on the number of meals for which reimbursement may be

made under the child care food program;

"(D) that portion of the amendment made by section 810(d)(3)

[amending section 1766 of this title] which reduces the meal

reimbursement factor by 10 percent; and

"(E) section 811 [amending section 1758 of this title].

"(2) The amendments made by sections 802 and 804 [amending

sections 1755 and 1756 of this title] shall take effect on July 1,

1981.

"(3) The amendments made by sections 807 [amending section 1772

of this title], 808 [amending sections 1760 and 1784 of this

title], and 810(a)(2) [amending section 1766 of this title] shall

take effect on the first day of the second month following the date

of the enactment of this Act [Aug. 13, 1981].

"(4) The amendments made by the following sections shall take

effect October 1, 1981: sections 805 [repealing sections 1754 and

1774 of this title], 806 [amending section 1788 of this title], 809

[amending section 1761 of this title], 810(a)(1) [amending section

1766 of this title], 810(f) [amending section 1766 of this title],

810(g) [amending section 1766 of this title], 812 [amending section

1759a of this title], 814 [amending section 1776 of this title],

817 [enacting section 1774 of this title and amending sections

1759, 1761, 1766, 1773, and 1788 of this title], and 819 [amending

this section and sections 1755, 1757, 1759a, 1760, 1762a, 1763,

1766, 1773, 1776, and 1780 of this title].

"(5) The amendments made by section 813 [amending sections 1759a,

1760, 1762a, and 1772 of this title] shall take effect 90 days

after the date of the enactment of this Act [Aug. 13, 1981].

"(6) The amendments made by the following provisions shall take

effect January 1, 1982: subsections (b), (c), (d), and (e) of

section 810 [amending section 1766 of this title], except that -

"(A) the amendment made by section 810(c) pertaining to the

reimbursement rate for supplements shall take effect as provided

under paragraph (1) of this subsection;

"(B) the amendment made by section 810(d)(1) pertaining to the

limitation on the number of meals for which reimbursement may be

made shall take effect as provided under paragraph (1) of this

subsection; and

"(C) the amendment made by section 810(d)(3) which reduces the

meal reimbursement factor by 10 percent shall take effect as

provided under paragraph (1) of this subsection.

"(7) The following provisions shall take effect on the date of

the enactment of this Act [Aug. 13, 1981]:

"(A) the amendments made by subsections (a) and (b) [amending

section 1758 of this title] of section 803 and the provisions of

subsections (c) and (d) [amending provisions set out as notes

under section 1758 of this title] of section 803;

"(B) the amendment made by section 815 [amending section 1786

of this title];

"(C) the amendment made by section 816 [amending section 1785

of this title]; and

"(D) the provisions of section 818."

EFFECTIVE DATE OF 1972 AMENDMENT

Section 4(c) of Pub. L. 92-433 provided that the amendment made

by that section is effective after the fiscal year ending June 30,

1973.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 3(b) of Pub. L. 87-688 provided that: "The amendments

made by this section [amending this section and sections 1754 and

1760 of this title] shall be applicable only with respect to funds

appropriated after the date of enactment of this Act [Sept. 25,

1962]."

EFFECTIVE DATE OF 1952 AMENDMENT

Section 1(d) of act July 12, 1952, provided that: "The amendments

made by this Act [amending this section and sections 1754 and 1760

of this title] shall be effective only with respect to funds

appropriated after the date on which this Act is enacted [July 12,

1952]."

PROMULGATION OF REGULATIONS

Section 820(c) of title VIII of Pub. L. 97-35 provided that: "Not

later than 60 days after the date of the enactment of this Act

[Aug. 13, 1981], the Secretary of Agriculture shall promulgate

regulations to implement the amendments made by this title [see

Tables for classification]."

REDUCTION IN GENERAL REIMBURSEMENT FOR FISCAL YEAR ENDING SEPTEMBER

30, 1981

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

2599, provided that the national average payment per lunch under

this chapter shall be reduced by 2 1/2 cents for certain school

food authorities for fiscal year ending Sept. 30, 1981, and that

the amount of reimbursements under section 1776 of this title for

fiscal year ending Sept. 30, 1983, and the amount of State revenues

appropriated or used for meeting the requirements under section

1756 of this title for the school year ending June 30, 1982, shall

not be reduced because of a reduction in the amount of Federal

funds expended, prior to repeal by Pub. L. 97-35, title VIII, Sec.

820(b)(1), Aug. 13, 1981, 95 Stat. 535, effective Sept. 1, 1981, or

the first day of the first month following Aug. 1981, whichever is

earlier.

USE OF FUNDS APPROPRIATED UNDER SECTION 612C OF TITLE 7 FOR

IMPLEMENTING THIS SECTION AND REIMBURSEMENT OF SUCH FUNDS

Section 4(a) of Pub. L. 92-433 authorized Secretary of

Agriculture to use so much of the funds appropriated by section

612(c) of title 7, as may be necessary, to carry out the purposes

of this section and provide an average rate of reimbursement of not

less than 8 cents per meal within each State during the fiscal year

1973 and provided for reimbursement of funds so used.

ADDITIONAL FUNDS FOR APPORTIONMENT TO STATES AND FOR SPECIAL

ASSISTANCE; CONSULTATION WITH CHILD NUTRITION COUNCIL;

REIMBURSEMENT OF SEPARATE FUND FROM SUPPLEMENTAL APPROPRIATION

Pub. L. 92-153, Sec. 1, Nov. 5, 1971, 85 Stat. 419, provided:

"That, notwithstanding any other provision of law, the Secretary of

Agriculture shall until such time as a supplemental appropriation

may provide additional funds for such purpose use so much of the

funds appropriated by section 32 of the Act of August 24, 1935 (7

U.S.C. 612c), as may be necessary, in addition to the funds now

available therefor, to carry out the purposes of section 11 of the

[Richard B. Russell] National School Lunch Act [section 1759a of

this title] and provide a rate of reimbursement which will assure

every needy child of free or reduced price lunches during the

fiscal year ending June 30, 1972, and to carry out the purposes of

section 4 of the [Richard B. Russell] National School Lunch Act

[this section] and provide an average rate of reimbursement of 6

cents per meal within each State. In determining the amount of

funds needed and the requirements of the various States therefor,

the Secretary shall consult with the National Advisory Council on

Child Nutrition and interested parties. Funds expended under the

foregoing provisions of this resolution shall be reimbursed out of

any supplemental appropriation hereafter enacted [on and after Nov.

5, 1971] for the purpose of carrying out section 4 [this section]

and section 11 of the [Richard B. Russell] National School Lunch

Act [section 1759a of this title], and such reimbursements shall be

deposited into the fund established pursuant to section 32 of the

Act of August 24, 1935 [section 612c of Title 7, Agriculture], to

be available for the purposes of said section 32 [section 612c of

Title 7]."

APPORTIONMENT OF ADDITIONAL FUNDS TO STATES

Section 4(b) of Pub. L. 92-433 provided that: "Funds made

available pursuant to this section shall be apportioned to the

States in such manner as will best enable schools to meet their

obligations with respect to the service of free and reduced-price

lunches and to meet the objective of this section with respect to

providing a minimum rate of reimbursement under section 4 of the

[Richard B. Russell] National School Lunch Act [this section], and

such funds shall be apportioned and paid as expeditiously as may be

practicable."

Pub. L. 92-153, Sec. 2, Nov. 5, 1971, 85 Stat. 420, provided

that: "Funds made available by this joint resolution [amending

sections 1758 and 1759a of this title and enacting provisions set

out as notes under this section and sections 1758 and 1773 of this

title] shall be apportioned to the States in such manner as will

best enable schools to meet their obligations with respect to the

service of free and reduced price lunches and to meet the objective

of this joint resolution [amending sections 1758 and 1759a of this

title and enacting provisions set out as notes under this section

and sections 1758 and 1773 of this title] with respect to providing

a minimum rate of reimbursement under section 4 of the [Richard B.

Russell] National School Lunch Act [this section], and such funds

shall be apportioned and paid as expeditiously as may be

practicable."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1755, 1756, 1757, 1759a,

1760, 1762a, 1766, 1776 of this title.

-End-

-CITE-

42 USC Sec. 1754 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1754. Repealed. Pub. L. 97-35, title VIII, Sec. 805(a), Aug.

13, 1981, 95 Stat. 527

-MISC1-

Section, acts June 4, 1946, ch. 281, Sec. 5, 60 Stat. 231; July

12, 1952, ch. 699, Sec. 1(b), 66 Stat. 591; Sept. 25, 1962, Pub. L.

87-688, Sec. 3(a), 76 Stat. 587; Oct. 15, 1962, Pub. L. 87-823,

Sec. 3(a), 76 Stat. 945; Nov. 10, 1977, Pub. L. 95-166, Sec. 3, 91

Stat. 1332, related to amount, apportionment, etc., for food

service equipment assistance.

EFFECTIVE DATE OF REPEAL

Repeal 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.

-End-

-CITE-

42 USC Sec. 1755 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1755. Direct expenditures for agricultural commodities and

other foods

-STATUTE-

(a) Administrative expenses; nutritional education; pilot projects;

cash-in-lieu of commodities study; refusal of commodities and

receipt of other commodities available to the State in lieu of

the refused commodities

The funds provided by appropriation or transfer from other

accounts for any fiscal year for carrying out the provisions of

this chapter, and for carrying out the provisions of the Child

Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], other than section

3 thereof [42 U.S.C. 1772] less

(1) not to exceed 3 1/2 per centum thereof which per centum is

hereby made available to the Secretary for the Secretary's

administrative expenses under this chapter and under the Child

Nutrition Act of 1966 [42 U.S.C. 1771 et seq.];

(2) the amount apportioned by the Secretary pursuant to section

1753 of this title and the amount appropriated pursuant to

sections 1759a and 1761 of this title and sections 4 and 7 of the

Child Nutrition Act of 1966 [42 U.S.C. 1773 and 1776]; and

(3) not to exceed 1 per centum of the funds provided for

carrying out the programs under this chapter and the programs

under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.],

other than section 3 [42 U.S.C. 1772], which per centum is hereby

made available to the Secretary to supplement the nutritional

benefits of these programs through grants to States and other

means for nutritional training and education for workers,

cooperators, and participants in these programs, for pilot

projects and the cash-in-lieu of commodities study required to be

carried out under section 1769 of this title, and for necessary

surveys and studies of requirements for food service programs in

furtherance of the purposes expressed in section 1751 of this

title, and section 2 of the Child Nutrition Act of 1966 [42

U.S.C. 1771],

shall be available to the Secretary during such year for direct

expenditure by the Secretary for agricultural commodities and other

foods to be distributed among the States and schools and service

institutions participating in the food service programs under this

chapter and under the Child Nutrition Act of 1966 [42 U.S.C. 1771

et seq.] in accordance with the needs as determined by the local

school and service institution authorities. Except as provided in

the next 2 sentences, any school participating in food service

programs under this chapter may refuse to accept delivery of not

more than 20 percent of the total value of agricultural commodities

and other foods tendered to it in any school year; and if a school

so refuses, that school may receive, in lieu of the refused

commodities, other commodities to the extent that other commodities

are available to the State during that year. Any school food

authority may refuse some or all of the fresh fruits and vegetables

offered to the school food authority in any school year and shall

receive, in lieu of the offered fruits and vegetables, other more

desirable fresh fruits and vegetables that are at least equal in

value to the fresh fruits and vegetables refused by the school food

authority. The value of any fresh fruits and vegetables refused by

a school under the preceding sentence for a school year shall not

be used to determine the 20 percent of the total value of

agricultural commodities and other foods tendered to the school

food authority in the school year under the second sentence. The

provisions of law contained in the proviso of section 713c of title

15, facilitating operations with respect to the purchase and

disposition of surplus agricultural commodities under section 612c

of title 7, shall, to the extent not inconsistent with the

provision of this chapter, also be applicable to expenditures of

funds by the Secretary under this chapter. In making purchases of

such agricultural commodities and other foods, the Secretary shall

not issue specifications which restrict participation of local

producers unless such specifications will result in significant

advantages to the food service programs authorized by this chapter

and the Child Nutrition Act of 1966.

(b) Delivery of commodities

The Secretary shall deliver, to each State participating in the

school lunch program under this chapter, commodities valued at the

total level of assistance authorized under subsection (c) (!1) of

this section for each school year for the school lunch program in

the State, not later than September 30 of the following school

year.

calculation of total assistance to each State; emphasis on high

protein foods; per meal value of donated foods

(1)(A) The national average value of donated foods, or cash

payments in lieu thereof, shall be 11 cents, adjusted on July 1,

1982, and each July 1 thereafter to reflect changes in the Price

Index for Food Used in Schools and Institutions. The Index shall be

computed using 5 major food components in the Bureau of Labor

Statistics' Producer Price Index (cereal and bakery products,

meats, poultry and fish, dairy products, processed fruits and

vegetables, and fats and oils). Each component shall be weighed

using the same relative weight as determined by the Bureau of Labor

Statistics.

(B) The value of food assistance for each meal shall be adjusted

each July 1 by the annual percentage change in a 3-month average

value of the Price Index for Foods Used in Schools and Institutions

for March, April, and May each year. Such adjustment shall be

computed to the nearest 1/4 cent.

in lieu thereof available to a State for the school lunch program

shall be calculated by multiplying the number of lunches served in

the preceding school year by the rate established by subparagraph

(B). After the end of each school year, the Secretary shall

reconcile the number of lunches served by schools in each State

with the number of lunches served by schools in each State during

the preceding school year and increase or reduce subsequent

commodity assistance or cash in lieu thereof provided to each State

based on such reconciliation.

(D) Among those commodities delivered under this section, the

Secretary shall give special emphasis to high protein foods, meat,

and meat alternates (which may include domestic seafood commodities

and their products).

(E) Notwithstanding any other provision of this section, not less

than 75 percent of the assistance provided under this subsection

shall be in the form of donated foods for the school lunch program.

(2) To the maximum extent feasible, each State agency shall offer

to each school food authority under its jurisdiction that

participates in the school lunch program and receives commodities,

agricultural commodities and their products, the per meal value of

which is not less than the national average value of donated foods

established under paragraph (1). Each such offer shall include the

full range of such commodities and products that are available from

the Secretary to the extent that quantities requested are

sufficient to allow efficient delivery to and within the State.

(d) Termination of commodity assistance based upon school breakfast

program

Beginning with the school year ending June 30, 1981, the

Secretary shall not offer commodity assistance based upon the

number of breakfasts served to children under section 4 of the

Child Nutrition Act of 1966 [42 U.S.C. 1773].

(e) Minimum percentage of commodity assistance

(1) Subject to paragraph (2), in each school year the Secretary

shall ensure that not less than 12 percent of the assistance

provided under section 1753 of this title, this section, and

section 1759a of this title shall be in the form of -

(A) commodity assistance provided under this section, including

cash in lieu of commodities and administrative costs for

procurement of commodities under this section; or

(B) during the period beginning October 1, 2003, and ending

September 30, 2009, commodities provided by the Secretary under

any provision of law.

(2) If amounts available to carry out the requirements of the

sections described in paragraph (1) are insufficient to meet the

requirement contained in paragraph (1) for a school year, the

Secretary shall, to the extent necessary, use the authority

provided under section 1762a(a) of this title to meet the

requirement for the school year.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 6, 60 Stat. 231; Pub. L. 87-823, Sec.

3(b), Oct. 15, 1962, 76 Stat. 945; Pub. L. 90-302, Sec. 2(a), May

8, 1968, 82 Stat. 117; Pub. L. 91-248, Sec. 3, May 14, 1970, 84

Stat. 209; Pub. L. 93-13, Sec. 2, Mar. 30, 1973, 87 Stat. 10; Pub.

L. 93-150, Sec. 5, Nov. 7, 1973, 87 Stat. 562; Pub. L. 93-326, Sec.

3, June 30, 1974, 88 Stat. 286; Pub. L. 94-105, Secs. 4, 11, Oct.

7, 1975, 89 Stat. 511, 515; Pub. L. 95-166, Secs. 5, 7, 10(1),

19(a), Nov. 10, 1977, 91 Stat. 1334-1336, 1345; Pub. L. 95-627,

Secs. 5(b), 12(a), Nov. 10, 1978, 92 Stat. 3619, 3625; Pub. L.

96-499, title II, Sec. 202(b), Dec. 5, 1980, 94 Stat. 2600; Pub. L.

97-35, title VIII, Secs. 802, 819(h), Aug. 13, 1981, 95 Stat. 524,

533; Pub. L. 99-500, title III, Secs. 321, 371(c)(2), Oct. 18,

1986, 100 Stat. 1783-360, 1783-369, and Pub. L. 99-591, title III,

Secs. 321, 371(c)(2), Oct. 30, 1986, 100 Stat. 3341-364, 3341-372;

Pub. L. 99-661, div. D, title II, Sec. 4201, title V, Sec.

4501(c)(2), Nov. 14, 1986, 100 Stat. 4071, 4080; Pub. L. 100-237,

Sec. 3(j), Jan. 8, 1988, 101 Stat. 1738; Pub. L. 101-147, title I,

Sec. 131(a), title III, Sec. 302, Nov. 10, 1989, 103 Stat. 906,

913; Pub. L. 103-448, title I, Secs. 101-103, Nov. 2, 1994, 108

Stat. 4700, 4701; Pub. L. 105-336, title I, Sec. 101(a), Oct. 31,

1998, 112 Stat. 3144; Pub. L. 106-170, title IV, Sec. 411, Dec. 17,

1999, 113 Stat. 1917; Pub. L. 106-224, title II, Sec. 241(b), June

20, 2000, 114 Stat. 410; Pub. L. 107-171, title IV, Sec. 4301(a),

May 13, 2002, 116 Stat. 330.)

-REFTEXT-

REFERENCES IN TEXT

The Child Nutrition Act of 1966, referred to in subsec. (a), is

Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is

classified generally to chapter 13A (Sec. 1771 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1771 of this title and

Tables.

Subsection (c) of this section, referred to in subsec. (b), was

repealed and subsec. (e) was redesignated (c) by Pub. L. 105-336,

title I, Sec. 101(a), Oct. 31, 1998, 112 Stat. 3144.

-COD-

CODIFICATION

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

-MISC1-

AMENDMENTS

2002 - Subsec. (e)(1)(B). Pub. L. 107-171 substituted "2003" for

"2001".

2000 - Subsec. (e)(1)(B). Pub. L. 106-224 substituted "2001" for

"2000".

1999 - Subsec. (e)(1). Pub. L. 106-170 designated existing

provisions as introductory provisions and subpar. (A) and added

subpar. (B).

1998 - Subsecs. (c) to (g). Pub. L. 105-336 redesignated subsecs.

(e) to (g) as (c) to (e), respectively, and struck out former

subsecs. (c) and (d) which read as follows:

"(c) Notwithstanding any other provision of law, the Secretary,

until such time as a supplemental appropriation may provide

additional funds for the purpose of subsection (b) of this section,

shall use funds appropriated by section 612c of title 7 to make any

payments to States authorized under such subsection. Any section

612c of title 7 funds utilized to make such payments shall be

reimbursed out of any supplemental appropriation hereafter enacted

for the purpose of carrying out subsection (b) of this section and

such reimbursement shall be deposited into the fund established

pursuant to section 612c of title 7 to be available for the purpose

of said section 612c of title 7.

"(d) Any funds made available under subsection (b) or (c) of this

section shall not be subject to the State matching provisions of

section 1756 of this title."

1994 - Subsec. (a). Pub. L. 103-448, Sec. 101, substituted in

second sentence "Except as provided in the next 2 sentences, any

school" for "Any school" and inserted after second sentence "Any

school food authority may refuse some or all of the fresh fruits

and vegetables offered to the school food authority in any school

year and shall receive, in lieu of the offered fruits and

vegetables, other more desirable fresh fruits and vegetables that

are at least equal in value to the fresh fruits and vegetables

refused by the school food authority. The value of any fresh fruits

and vegetables refused by a school under the preceding sentence for

a school year shall not be used to determine the 20 percent of the

total value of agricultural commodities and other foods tendered to

the school food authority in the school year under the second

sentence."

Subsec. (b). Pub. L. 103-448, Sec. 102, amended subsec. (b)

generally. Prior to amendment, subsec. (b) related to cash

donations in lieu of commodity donations during school year for

school food service programs and withholding of funds for States

administered by Secretary for disbursement to participating schools

to be used to purchase commodities and other food for their food

service programs.

Subsec. (g). Pub. L. 103-448, Sec. 103, added subsec. (g).

1989 - Subsec. (a). Pub. L. 101-147, Sec. 302, substituted "the

Secretary's" for "his" in par. (1), substituted "the Secretary" for

"him" in par. (2), and, in concluding provisions, substituted

"expenditure by the Secretary" for "expenditure by him" and made

technical amendments to the references to section 713c of title 15

and section 612c of title 7 involving underlying provisions of

original act and requiring no change in text.

Subsec. (e)(1). Pub. L. 101-147, Sec. 131(a)(1), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "The

national average value of donated foods, or cash payments in lieu

thereof, shall be 11 cents, adjusted on July 1, 1982, and each July

1 thereafter to reflect changes in the Price Index for Food Used in

Schools and Institutions. The Index shall be computed using five

major food components in the Bureau of Labor Statistics' Producer

Price Index (cereal and bakery products, meats, poultry and fish,

dairy products, processed fruits and vegetables, and fats and

oils). Each component shall be weighted using the same relative

weight as determined by the Bureau of Labor Statistics. The value

of food assistance for each meal shall be adjusted each July 1 by

the annual percentage change in a three-month simple average value

of the Price Index for Foods Used in Schools and Institutions for

March, April, and May each year. Such adjustment shall be computed

to the nearest one-fourth cent. Among those commodities delivered

under this section, the Secretary shall give special emphasis to

high protein foods, meat, and meat alternates (which may include

domestic seafood commodities and their products). Notwithstanding

any other provision of this section, not less than 75 per centum of

the assistance provided under this subsection (e) shall be in the

form of donated foods for the school lunch program."

Subsec. (e)(2). Pub. L. 101-147, Sec. 131(a)(2), substituted "To

the maximum extent feasible, each State agency" for "Each State

agency".

1988 - Subsec. (e). Pub. L. 100-237 designated existing

provisions as par. (1) and added par. (2).

1986 - Subsecs. (a)(3), (b). Pub. L. 99-500, Pub. L. 99-591, and

Pub. L. 99-661, amended section identically, in subsec. (a)(3),

making technical amendment to reference to section 1769 of this

title to reflect renumbering of corresponding section of original

act and, in subsec. (b), substituting "June 1" for "May 15" and

"July 1" for "June 15".

1981 - Subsec. (a)(2). Pub. L. 97-35, Sec. 819(h), struck out

references to section 1754 of this title, and section 5 of the

Child Nutrition Act of 1966.

Subsec. (e). Pub. L. 97-35, Sec. 802, substituted provisions

requiring value to be set at 11 cents, as adjusted on July 1, 1982,

and each July 1, thereafter, for provisions requiring value to be

set at not less than 10 cents, as adjusted on an annual basis each

school year after June 30, 1975.

1980 - Subsec. (f). Pub. L. 96-499 added subsec. (f).

1978 - Subsec. (e). Pub. L. 95-627, Sec. 5(b), substituted

provision relating to Price Index for Food Used in Schools and

Institutions for provision relating to Consumer Price Index.

Pub. L. 95-627, Sec. 12(a), which provided for inserting "(which

may include domestic seafood commodities and their products)" after

"alternatives" was executed by inserting that parenthetical after

"alternates" as the probable intent of Congress.

1977 - Subsec. (a). Pub. L. 95-166, Secs. 7, 10(1), inserted

provision which authorized refusal of commodities and receipt of

other commodities available to State, in lieu of refused

commodities, and in cl. (3) authorized grants for pilot projects

and cash-in-lieu of commodities study required to be carried out

under section 1769 of this title.

Subsec. (b). Pub. L. 95-166, Sec. 5, in revising subsec. (b),

changed commodity distribution program to a school year from a

fiscal year basis, and among other changes, extended deadline for

estimated valuation and payment to May 15 and June 15 from February

15 and March 15, and struck out provision respecting apportionment

among State educational agencies on basis of meals served in all

the States during the fiscal year and specific reference to

regulations of the Department of Agriculture under title 7,

subtitle (b), chapter II, subchapter (a), parts 210 and 220.

Subsec. (e). Pub. L. 95-166, Sec. 19(a), substituted "school

years" and "school year after June 30, 1975" for "fiscal years" and

"fiscal year after June 30, 1975", respectively.

1975 - Subsec. (a). Pub. L. 94-105, Sec. 11(a), inserted

provision prohibiting issuance of specifications in purchase of

agricultural commodities and other foods unless such specifications

result in significant advantages to the authorized food service

programs.

Subsec. (b). Pub. L. 94-105, Sec. 4, substituted references to

all schools of States for references to only nonprofit private

schools of States in provisions covering Secretary's direct

administration of school food service programs.

Subsec. (e). Pub. L. 94-105, Sec. 11(b), inserted provision

mandating that not less than 75 per centum of assistance under this

subsection shall be in form of donated foods for the school lunch

program.

1974 - Subsec. (e). Pub. L. 93-326 added subsec. (e).

1973 - Subsec. (a). Pub. L. 93-13 designated existing provisions

as subsec. (a).

Subsec. (b). Pub. L. 93-150, in revising text to make provisions

applicable each fiscal year rather than only for fiscal year ending

June 30, 1973, substituted in: first sentence, "As of February 15

of each fiscal year" and "during that fiscal year" for "As of March

15, 1973" and "during the fiscal year ending June 30, 1973"; second

sentence, "for that fiscal year", "March 15 of that fiscal year",

and "as of February 15 of such fiscal year" for "for the fiscal

year ending June 30, 1973", "April 15, 1973", and "as of March 15,

1973"; third sentence, "during the preceding fiscal year" for

"during the fiscal year ending June 30, 1972"; and proviso of third

sentence, "during that fiscal year" for "during the fiscal year

ending June 30, 1972,".

Pub. L. 93-13 added subsec. (b).

Subsec. (c). Pub. L. 93-150 reenacted provisions without change.

Pub. L. 93-13 added subsec. (c).

Subsec. (d). Pub. L. 93-150 reenacted provisions without change.

Pub. L. 93-13 added subsec. (d).

1970 - Pub. L. 91-248 increased amount authorized for

administrative expenses by 3 1/2 percent of the amount

appropriated to carry out this chapter and the Child Nutrition Act

of 1966, other than section 1772 of this title, made such amount

available for the Secretary's administrative expenses, authorized

use of up to 1 percent of the funds appropriated for this chapter

and the Child Nutrition Act of 1966, other than section 1772 of

this title, for nutritional training and education and studies of

food service requirements in connection with those programs,

reduced, to the extent funds were used for administrative expenses

other than for this chapter or nutritional training or education or

studies, the share of this chapter's appropriations which may be

used for direct expenditure by the Secretary for agricultural

commodities and other foods, and authorized distribution of such

foods to schools and service institutions participating in food

service programs under this chapter and the Child Nutrition Act of

1966.

1968 - Pub. L. 90-302 inserted "except section 1761 of this

title" after "The funds appropriated for any fiscal year for

carrying out the provisions of this chapter,".

1962 - Pub. L. 87-823 substituted ", less the amount apportioned

by him pursuant to sections 1753, 1754, and 1759 of this title, and

less the amount appropriated pursuant to section 1759a of this

title" for "and less the amount apportioned to him pursuant to

sections 1753, 1754, and 1759 of this title".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-171, title IV, Sec. 4301(b), May 13, 2002, 116 Stat.

330, provided that: "The amendment made by this section [amending

this section] takes effect on the date of enactment of this Act

[May 13, 2002]."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-336, title IV, Sec. 401, Oct. 31, 1998, 112 Stat.

3170, provided that: "Except as otherwise provided in this Act [see

Short Title of 1998 Amendment note set out under section 1751 of

this title], this Act and the amendments made by this Act shall

take effect on October 1, 1998."

EFFECTIVE DATE OF 1994 AMENDMENT

Section 401 of Pub. L. 103-448 provided that: "Except as

otherwise provided in this Act [see Short Title of 1994 Amendment

note set out under section 1751 of this title], this Act and the

amendments made by this Act shall become effective on October 1,

1994."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 131(c) of Pub. L. 101-147 provided that: "The amendments

made by this section [amending this section and section 1766 of

this title] shall become effective on July 1, 1989."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by sections 802 and 819(h) of Pub. L. 97-35 effective

July 1, 1981, and Oct. 1, 1981, respectively, see section

820(a)(2), (4) of Pub. L. 97-35, set out as a note under section

1753 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 14 of Pub. L. 95-627 provided that: "The provisions of

this Act [enacting section 1769c of this title, amending this

section and sections 1757, 1760, 1761, 1762a, 1766, 1769, 1773,

1774, 1776, 1784, and 1786 of this title and enacting provisions

set out as notes under this section, sections 1751, 1773, and 1786

of this title], except sections 4, 5, and 8, shall become effective

October 1, 1978. The provisions of section 4 of this Act [amending

section 1759a of this title] shall become effective Jan[u]ary 1,

1979. The provisions of sections 5 [amending this section and

sections 1759a, 1761, and 1772 of this title] and 8 [amending

section 1758 of this title] of this Act shall become effective July

1, 1979, except that the Secretary may make the necessary changes

in the income poverty guidelines for the special supplemental food

program under section 17 of the Child Nutrition Act of 1966

[section 1786 of this title] not earlier than October 1, 1978, and

not later than July 1, 1979."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 19 of Pub. L. 95-166 provided that the amendment made by

that section is effective July 1, 1977.

REDUCTION IN COMMODITY ASSISTANCE FOR FISCAL YEAR ENDING SEPTEMBER

30, 1981

Section 202(a) of Pub. L. 96-499 provided that for the fiscal

year ending Sept. 30, 1981, the national average value of donated

foods or cash payments in lieu thereof, as determined under subsec.

(e) of this section, shall be reduced by 2 cents, prior to repeal

by Pub. L. 97-35, title VIII, Sec. 820(b)(2), Aug. 13, 1981, 95

Stat. 535, effective July 1, 1981.

CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE

Section 1 of Pub. L. 93-13 provided that: "The Congress finds

that the volume and variety of Federal food donations to the school

lunch and child nutrition programs are significantly below the

amounts programed and budgeted for the fiscal year ending June 30,

1973, and that schools participating in these programs are

confronted with serious financial problems in obtaining sufficient

supplies of the foods required to meet the nutritional standards

established by law for these programs. It is, therefore, the

purpose of this Act [amending this section] to provide an effective

and immediate solution to this nutritional crisis."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1762a, 1765, 1766 of this

title; title 7 sections 612c-4, 1424.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1756 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1756. Payments to States

-STATUTE-

(a) State revenue matching requirements; special provisions for

lower than average income per capita States

(1) Funds appropriated to carry out section 1753 of this title

during any fiscal year shall be available for payment to the States

for disbursement by State educational agencies in accordance with

such agreements, not inconsistent with the provisions of this

chapter, as may be entered into by the Secretary and such State

educational agencies for the purpose of assisting schools within

the States in obtaining agricultural commodities and other foods

for consumption by children in furtherance of the school lunch

program authorized under this chapter. For any school year, such

payments shall be made to a State only if, during such school year,

the amount of the State revenues (excluding State revenues derived

from the operation of the program) appropriated or used

specifically for program purposes (other than any State revenues

expended for salaries and administrative expenses of the program at

the State level) is not less than 30 percent of the funds made

available to such State under section 1753 of this title for the

school year beginning July 1, 1980.

(2) If, for any school year, the per capita income of a State is

less than the average per capita income of all the States, the

amount required to be expended by a State under paragraph (1) for

such year shall be an amount bearing the same ratio to the amount

equal to 30 percent of the funds made available to such State under

section 1753 of this title for the school year beginning July 1,

1980, as the per capita income of such State bears to the average

per capita income of all the States.

(b) Disbursements; private schools

The State revenues provided by any State to meet the requirement

of subsection (a) of this section shall, to the extent the State

deems practicable, be disbursed to schools participating in the

school lunch program under this chapter. No State in which the

State educational agency is prohibited by law from disbursing State

appropriated funds to private schools shall be required to match

Federal funds made available for meals served in such schools, or

to disburse, to such schools, any of the State revenues required to

meet the requirements of subsection (a) of this section.

The Secretary shall certify to the Secretary of the Treasury,

from time to time, the amounts to be paid to any State under this

section and shall specify when such payments are to be made. The

Secretary of the Treasury shall pay to the State, at the time or

times fixed by the Secretary, the amounts so certified.

(d) Combined Federal and State commodity purchases

Notwithstanding any other provision of law, the Secretary may

enter into an agreement with a State agency, acting on the request

of a school food service authority, under which funds payable to

the State under section 1753 or 1759a of this title may be used by

the Secretary for the purpose of purchasing commodities for use by

the school food service authority in meals served under the school

lunch program under this chapter.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 7, 60 Stat. 232; Pub. L. 91-248, Sec.

4, May 14, 1970, 84 Stat. 209; Pub. L. 92-433, Sec. 10, Sept. 26,

1972, 86 Stat. 731; Pub. L. 94-105, Sec. 5, Oct. 7, 1975, 89 Stat.

511; Pub. L. 95-166, Sec. 19(b), Nov. 10, 1977, 91 Stat. 1345; Pub.

L. 97-35, title VIII, Sec. 804, Aug. 13, 1981, 95 Stat. 526; Pub.

L. 101-147, title III, Sec. 303, Nov. 10, 1989, 103 Stat. 913; Pub.

L. 103-448, title I, Sec. 104, Nov. 2, 1994, 108 Stat. 4701.)

-MISC1-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-448 added subsec. (d).

1989 - Pub. L. 101-147, Sec. 303(a), inserted "Payments to

States" as section catchline.

Subsec. (a)(2). Pub. L. 101-147, Sec. 303(b), substituted "the"

for "the the" before "school year beginning".

1981 - Subsec. (a). Pub. L. 97-35 designated existing provisions

as subsec. (a) and substituted provisions relating to funds

appropriated to carry out section 1753 of this title during any

fiscal year, for provisions relating to funds appropriated to carry

out sections 1753 and 1754 of this title during any fiscal year.

Subsecs. (b), (c). Pub. L. 97-35 added subsecs. (b) and (c).

1977 - Pub. L. 95-166, among other changes, substituted in first

sentence "Funds appropriated to carry out" and "food service

equipment assistance" for "Funds apportioned to any State pursuant

to" and "nonfood assistance"; substituted in third sentence "fiscal

or school year thereafter" for "fiscal year thereafter";

substituted in fourth sentence "fiscal or school year" for "fiscal

year"; and substituted sixth sentence "For the school year

beginning in 1976, State revenue (other than revenues derived from

the program) appropriated or used specifically for program purposes

(other than salaries and administrative expenses at the State, as

distinguished from local, level) shall constitute at least 8

percent of the matching requirement for the preceding school year,

or, at the discretion of the Secretary, fiscal year, and for each

school year thereafter, at least 10 percent of the matching

requirement for the preceding school year" for "For the fiscal year

beginning July 1, 1971, and the fiscal year beginning July 1, 1972,

State revenue (other than revenues derived from the program)

appropriated or utilized specifically for program purposes (other

than salaries and administrative expenses at the State, as

distinguished from local, level) shall constitute at least 4 per

centum of the matching requirement for the preceding fiscal year;

for each of the two succeeding fiscal years, at least 6 per centum

of the matching requirement for the preceding fiscal year; for each

of the subsequent two fiscal years, at least 8 per centum of the

matching requirement for the preceding fiscal year; and for each

fiscal year thereafter at least 10 per centum of the matching

requirement for the preceding fiscal year".

1975 - Pub. L. 94-105 made requirements of section that each

dollar of Federal assistance be matched by $3 from sources within

the State inapplicable with respect to the payments made to

participating schools under section 1753 of this title, with the

proviso that such inapplicability not affect the level of State

matching required by the sixth sentence of the section.

1972 - Pub. L. 92-433 substituted "per centum of the matching

requirement for the preceding fiscal year" for "per centum of the

matching requirement" in four places.

1970 - Pub. L. 91-248 inserted provision requiring that State

revenues represent a prescribed minimum of the local funds required

to match Federal funds apportioned under this chapter, required

that amounts derived by the State from the program, or expended by

it for salaries or administrative expenses at the State level,

would not count toward meeting the State revenue share of the

matching requirement, and required State funds disbursed to each

school, to the extent practicable, on the basis of its share of the

funds apportioned for the regular school lunch program, the special

assistance program to schools to assure lunches for low-income

children, the school breakfast program for needy children, and the

nonfood assistance program for schools drawing from poor economic

areas.

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 July 1, 1981, see section

820(a)(2) of Pub. L. 97-35, set out as a note under section 1753 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 19 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 section 1759a of this title.

-End-

-CITE-

42 USC Sec. 1757 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1757. State disbursement to schools

-STATUTE-

(a) Disbursement by State educational agency

Funds paid to any State during any fiscal year pursuant to

section 1753 of this title shall be disbursed by the State

educational agency, in accordance with such agreements approved by

the Secretary, as may be entered into by such State agency and the

schools in the State, to those schools in the State which the State

educational agency, taking into account need and attendance,

determines are eligible to participate in the school lunch program.

(b) Permanent, amendable agreements

The agreements described in subsection (a) of this section shall

be permanent agreements that may be amended as necessary.

The State educational agency may suspend or terminate any such

agreement in accordance with regulations prescribed by the

Secretary.

(d) Use of funds

Use of funds paid to States may include, in addition to the

purchase price of agricultural commodities and other foods, the

cost of processing, distributing, transporting, storing or handling

thereof.

(e) Limitation

In no event shall such disbursement for food to any school for

any fiscal year exceed an amount determined by multiplying the

number of lunches served in the school in the school lunch program

under this chapter during such year by the maximum per meal

reimbursement rate for the State, for the type of lunch served, as

prescribed by the Secretary.

(f) Increase in meal reimbursement

In any fiscal year in which the national average payment per

lunch determined under section 1753 of this title is increased

above the amount prescribed in the previous fiscal year, the

maximum per meal reimbursement rate, for the type of lunch served,

shall be increased by a like amount.

(g) In advance or as reimbursement

Lunch assistance disbursements to schools under this section and

under section 1759a of this title may be made in advance or by way

of reimbursement in accordance with procedures prescribed by the

Secretary.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 8, 60 Stat. 232; Pub. L. 92-433, Sec.

8, Sept. 26, 1972, 86 Stat. 729; Pub. L. 93-150, Sec. 2(b), Nov. 7,

1973, 87 Stat. 560; Pub. L. 95-166, Sec. 3, Nov. 10, 1977, 91 Stat.

1332; Pub. L. 95-627, Sec. 10(d)(1), Nov. 10, 1978, 92 Stat. 3624;

Pub. L. 97-35, title VIII, Sec. 819(d), Aug. 13, 1981, 95 Stat.

533; Pub. L. 101-147, title II, Sec. 201, title III, Secs. 304,

312(1), Nov. 10, 1989, 103 Stat. 908, 914, 916; Pub. L. 104-193,

title VII, Sec. 701(a), Aug. 22, 1996, 110 Stat. 2287.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-193 designated first and second sentences as

subsecs. (a) and (b), respectively, substituted "in subsection (a)

of this section" for "in the preceding sentence" in subsec. (b),

designated third sentence as subsec. (c) and substituted "The State

educational agency may" for "Nothing in the preceding sentence

shall be construed to limit the ability of the State educational

agency to", struck out fourth and fifth sentences, designated sixth

sentence as subsec. (d) and substituted "Use of funds paid to

States" for "Such food costs", and designated seventh to ninth

sentences as subsecs. (e) to (g), respectively. Prior to amendment,

fourth and fifth sentences read as follows: "Such disbursement to

any school shall be made only for the purpose of assisting it to

obtain agricultural commodities and other foods for consumption by

children in the school lunch program. The terms 'child' and

'children' as used in this chapter shall be deemed to include

individuals regardless of age who are determined by the State

educational agency, in accordance with regulations prescribed by

the Secretary, to have 1 or more mental or physical handicaps and

who are attending any child care institution as defined in section

1766 of this title or 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

mental or physical handicaps: Provided, That no institution that is

not otherwise eligible to participate in the program under section

1766 of this title shall be deemed so eligible because of this

sentence."

1989 - Pub. L. 101-147, Sec. 312(1), substituted "school lunch"

for "school-lunch" in three places.

Pub. L. 101-147, Sec. 304, which directed the amendment of

subsec. (d) by substituting "individuals" for "persons", "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",

was executed by making the substitutions in the undesignated text

before the proviso as the probable intent of Congress because the

section contains no subsection designations.

Pub. L. 101-147, Sec. 201, inserted after first sentence "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."

1981 - Pub. L. 97-35 substituted references to per meal

reimbursement rate, for references to Federal food-cost

contribution rate wherever appearing, and struck out reference to

section 1754 of this title, and food service equipment assistance.

1978 - Pub. L. 95-627 inserted provision relating to definition

of "child" and "children".

1977 - Pub. L. 95-166 substituted "food service equipment

assistance" for "nonfood assistance".

1973 - Pub. L. 93-150 provided that in any fiscal year in which

the national average payment per lunch determined under section

1753 of this title is increased above the amount prescribed in the

previous fiscal year, the maximum Federal food-cost contribution

rate, for the type of lunch served, shall be increased by a like

amount.

1972 - Pub. L. 92-433 substituted provision that disbursement to

schools be made for the purpose of assisting them to finance the

costs of agricultural commodities, for provision that such

disbursement be made for the purpose of reimbursing them for such

costs and inserted provision that lunch assistance disbursements to

schools under this section and section 1759a of this title may be

made in advance or by way of reimbursement according to procedure

prescribed by the Secretary.

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.

-End-

-CITE-

42 USC Sec. 1758 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1758. Program requirements

-STATUTE-

(a) Nutritional standards; medical and special dietary needs of

individual students; compliance assistance; fluid milk;

acceptance of offered foods

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

lunch program under this chapter shall meet minimum nutritional

requirements prescribed by the Secretary on the basis of tested

nutritional research, except that the minimum nutritional

requirements -

(i) shall not be construed to prohibit the substitution of

foods to accommodate the medical or other special dietary needs

of individual students; and

(ii) shall, at a minimum, be based on the weekly average of the

nutrient content of school lunches.

(B) The Secretary shall provide technical assistance and

training, including technical assistance and training in the

preparation of lower-fat versions of foods commonly used in the

school lunch program under this chapter, to schools participating

in the school lunch 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. The Secretary shall

provide additional technical assistance to schools that are having

difficulty maintaining compliance with the requirements.

(2) Lunches served by schools participating in the school lunch

program under this chapter -

(A) shall offer students fluid milk; and

(B) shall offer students a variety of fluid milk consistent

with prior year preferences unless the prior year preference for

any such variety of fluid milk is less than 1 percent of the

total milk consumed at the school.

(3) Students in senior high schools that participate in the

school lunch program under this chapter (and, when approved by the

local school district or nonprofit private schools, students in any

other grade level) shall not be required to accept offered foods

they do not intend to consume, and any such failure to accept

offered foods shall not affect the full charge to the student for a

lunch meeting the requirements of this subsection or the amount of

payments made under this chapter to any such school for such lunch.

(b) Income eligibility guidelines for free and reduced price school

lunches; duty of Secretary; time to prescribe; relationship to

other poverty guidelines; revision; publication; application,

verification and approval; use or disclosure of eligibility

information; maximum reduced price; nondiscrimination or

identification of recipients

(1)(A) Not later than June 1 of each fiscal year, the Secretary

shall prescribe income guidelines for determining eligibility for

free and reduced price lunches during the 12-month period beginning

July 1 of such fiscal year and ending June 30 of the following

fiscal year. The income guidelines for determining eligibility for

free lunches shall be 130 percent of the applicable family size

income levels contained in the nonfarm income poverty guidelines

prescribed by the Office of Management and Budget, as adjusted

annually in accordance with subparagraph (B). The income guidelines

for determining eligibility for reduced price lunches for any

school year shall be 185 percent of the applicable family size

income levels contained in the nonfarm income poverty guidelines

prescribed by the Office of Management and Budget, as adjusted

annually in accordance with subparagraph (B). The Office of

Management and Budget guidelines shall be revised at annual

intervals, or at any shorter interval deemed feasible and

desirable.

(B) The revision required by subparagraph (A) of this paragraph

shall be made by multiplying -

(i) the official poverty line (as defined by the Office of

Management and Budget); by

(ii) the percentage change in the Consumer Price Index during

the annual or other interval immediately preceding the time at

which the adjustment is made.

Revisions under this subparagraph shall be made not more than 30

days after the date on which the consumer price index data required

to compute the adjustment becomes available.

(2)(A) Following the determination by the Secretary under

paragraph (1) of this subsection of the income eligibility

guidelines for each school year, each State educational agency

shall announce the income eligibility guidelines, by family size,

to be used by schools in the State in making determinations of

eligibility for free and reduced price lunches. Local school

authorities shall, each year, publicly announce the income

eligibility guidelines for free and reduced price lunches on or

before the opening of school.

(B) Applications for free and reduced price lunches, in such form

as the Secretary may prescribe or approve, and any descriptive

material, shall be distributed to the parents or guardians of

children in attendance at the school, and shall contain only the

family size income levels for reduced price meal eligibility with

the explanation that households with incomes less than or equal to

these values would be eligible for free or reduced price lunches.

Such forms and descriptive material may not contain the income

eligibility guidelines for free lunches.

(C)(i) Except as provided in clause (ii), each eligibility

determination shall be made on the basis of a complete application

executed by an adult member of the household. The Secretary, State,

or local food authority may verify any data contained in such

application. A local school food authority shall undertake such

verification of information contained in any such application as

the Secretary may by regulation prescribe and, in accordance with

such regulations, shall make appropriate changes in the eligibility

determination with respect to such application on the basis of such

verification.

(ii) Subject to clause (iii), any school food authority may

certify any child as eligible for free or reduced price lunches or

breakfasts, without further application, by directly communicating

with the appropriate State or local agency to obtain documentation

of such child's status as a member of -

(I) a household that is receiving food stamps under the Food

Stamp Act of 1977 [7 U.S.C. 2011 et seq.]; or

(II) a family that is receiving 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.

(iii) The use or disclosure of any information obtained from an

application for free or reduced price meals, or from a State or

local agency referred to in clause (ii), shall be limited to -

(I) a person directly connected with the administration or

enforcement of this chapter or the Child Nutrition Act of 1966

(42 U.S.C. 1771 et seq.), or a regulation issued pursuant to

either this chapter or such Act;

(II) a person directly connected with the administration or

enforcement of -

(aa) a Federal education program;

(bb) a State health or education program administered by the

State or local educational agency (other than a program carried

out under title XIX of the Social Security Act (42 U.S.C. 1396

et seq.)); or

(cc) a Federal, State, or local means-tested nutrition

program with eligibility standards comparable to the program

under this section;

(III)(aa) the Comptroller General of the United States for

audit and examination authorized by any other provision of law;

and

(bb) notwithstanding any other provision of law, a Federal,

State, or local law enforcement official for the purpose of

investigating an alleged violation of any program covered by

paragraph (1) or this paragraph; and

(IV) a person directly connected with the administration of the

State medicaid program under title XIX of the Social Security Act

(42 U.S.C. 1396 et seq.) or the State children's health insurance

program under title XXI of that Act (42 U.S.C. 1397aa et seq.)

solely for the purpose of identifying children eligible for

benefits under, and enrolling children in, such programs, except

that this subclause shall apply only to the extent that the State

and the school food authority so elect.

(iv) Information provided under clause (iii)(II) shall be limited

to the income eligibility status of the child for whom application

for free or reduced price meal benefits was made or for whom

eligibility information was provided under clause (ii), unless the

consent of the parent or guardian of the child for whom application

for benefits was made is obtained.

(v) A person described in clause (iii) who publishes, divulges,

discloses, or makes known in any manner, or to any extent not

authorized by Federal law (including a regulation), any information

obtained under this subsection shall be fined not more than $1,000

or imprisoned not more than 1 year, or both.

(vi) Requirements for waiver of confidentiality. - A State that

elects to exercise the option described in clause (iii)(IV) shall

ensure that any school food authority acting in accordance with

that option -

(I) has a written agreement with the State or local agency or

agencies administering health insurance programs for children

under titles XIX and XXI of the Social Security Act (42 U.S.C.

1396 et seq. and 1397aa et seq.) that requires the health

agencies to use the information obtained under clause (iii) to

seek to enroll children in those health insurance programs; and

(II)(aa) notifies each household, the information of which

shall be disclosed under clause (iii), that the information

disclosed will be used only to enroll children in health programs

referred to in clause (iii)(IV); and

(bb) provides each parent or guardian of a child in the

household with an opportunity to elect not to have the

information disclosed.

(vii) Use of disclosed information. - A person to which

information is disclosed under clause (iii)(IV) shall use or

disclose the information only as necessary for the purpose of

enrolling children in health programs referred to in clause

(iii)(IV).

(D) 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.

(3) Any child who is a member of a household whose income, at the

time the application is submitted, is at an annual rate which does

not exceed the applicable family size income level of the income

eligibility guidelines for free lunches, as determined under

paragraph (1), shall be served a free lunch. Any child who is a

member of a household whose income, at the time the application is

submitted, is at an annual rate greater than the applicable family

size income level of the income eligibility guidelines for free

lunches, as determined under paragraph (1), but less than or equal

to the applicable family size income level of the income

eligibility guidelines for reduced price lunches, as determined

under paragraph (1), shall be served a reduced price lunch. The

price charged for a reduced price lunch shall not exceed 40 cents.

(4) No physical segregation of or other discrimination against

any child eligible for a free lunch or a reduced price lunch under

this subsection shall be made by the school nor shall there by (!1)

any overt identification of any child by special tokens or tickets,

announced or published lists of names, or by other means.

(5) Any child who has a parent or guardian who (A) is responsible

for the principal support of such child and (B) is unemployed shall

be served a free or reduced price lunch, respectively, during any

period (i) in which such child's parent or guardian continues to be

unemployed and (ii) the income of the child's parents or guardians

during such period of unemployment falls within the income

eligibility criteria for free lunches or reduced price lunches,

respectively, based on the current rate of income of such parents

or guardians. Local school authorities shall publicly announce that

such children are eligible for a free or reduced price lunch, and

shall make determinations with respect to the status of any parent

or guardian of any child under clauses (A) and (B) of the preceding

sentence on the basis of a statement executed in such form as the

Secretary may prescribe by such parent or guardian. No physical

segregation of, or other discrimination against, any child eligible

for a free or reduced price lunch under this paragraph shall be

made by the school nor shall there be any overt identification of

any such child by special tokens or tickets, announced or published

lists of names, or by any other means.

(6)(A) A child shall be considered automatically eligible for a

free lunch and breakfast under this chapter and the Child Nutrition

Act of 1966 (42 U.S.C. 1771 et seq.), respectively, without further

application or eligibility determination, if the child is -

(i) a member of a household receiving assistance under the food

stamp program authorized under the Food Stamp Act of 1977 (7

U.S.C. 2011 et seq.);

(ii) a member of a family (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) enrolled as a participant in a Head Start program

authorized under the Head Start Act (42 U.S.C. 9831 et seq.), on

the basis of a determination that the child is a member of a

family that meets the low-income criteria prescribed under

section 645(a)(1)(A) of the Head Start Act (42 U.S.C.

9840(a)(1)(A)).

(B) Proof of receipt of food stamps or 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 of enrollment

or participation in a Head Start program on the basis described in

subparagraph (A)(iii), shall be sufficient to satisfy any

verification requirement imposed under paragraph (2)(C).

(7) Exclusion of certain military housing allowances. - For each

of fiscal years 2002 and 2003, the amount of a basic allowance

provided under section 403 of title 37 on behalf of a member of a

uniformed service for housing that is acquired or constructed under

subchapter IV of chapter 169 of title 10, or any related provision

of law, shall not be considered to be income for the purpose of

determining the eligibility of a child who is a member of the

household of the member of a uniformed service for free or reduced

price lunches under this chapter.

commodities

School lunch programs under this chapter shall be operated on a

nonprofit basis. Commodities purchased under the authority of

section 612c 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 the school lunch program under this

chapter as well as to other schools carrying out nonprofit school

lunch programs and institutions authorized to receive such

commodities. The requirements of this section relating to the

service of meals without cost or at a reduced cost shall apply to

the lunch program of any school utilizing commodities donated under

any provision of law.

(d) Social Security numbers and other documentation required as

condition of eligibility

(1) The Secretary shall require as a condition of eligibility for

receipt of free or reduced price lunches that the member of the

household who executes the application furnish the social security

account number of the parent or guardian who is the primary wage

earner responsible for the care of the child for whom the

application is made, or that of another appropriate adult member of

the child's household, as determined by the Secretary. The

Secretary shall require that social security account numbers of all

adult members of the household be provided if verification of the

data contained in the application is sought under subsection

(b)(2)(C) of this section.

(2) No member of a household may be provided a free or reduced

price lunch under this chapter unless -

(A) appropriate documentation relating to the income of such

household (as prescribed by the Secretary) has been provided to

the appropriate local school food authority so that such

authority may calculate the total income of such household;

(B) documentation showing that the household is participating

in the food stamp program under the Food Stamp Act of 1977 [7

U.S.C. 2011 et seq.] has been provided to the appropriate local

school food authority; or

school food authority showing that the family is receiving

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.

(e) Limitation on meal contracting

A school or school food authority participating in a program

under this chapter may not contract with a food service company to

provide a la carte food service unless the company agrees to offer

free, reduced price, and full-price reimbursable meals to all

eligible children.

(f) Nutritional requirements

(1) Nutritional requirements. - Except as provided in paragraph

(2), not later than the first day of the 1996-1997 school year,

schools that are participating in the school lunch or school

breakfast program shall serve lunches and breakfasts under the

program that -

(A) are consistent with the goals of the most recent Dietary

Guidelines for Americans published under section 5341 of title 7;

and

(B) provide, on the average over each week, at least -

(i) with respect to school lunches, 1/3 of the daily

recommended dietary allowance established by the Food and

Nutrition Board of the National Research Council of the

National Academy of Sciences; and

(ii) with respect to school breakfasts, 1/4 of the daily

recommended dietary allowance established by the Food and

Nutrition Board of the National Research Council of the

National Academy of Sciences.

(2) State educational agencies may grant waivers from the

requirements of paragraph (1) subject to criteria established by

the appropriate State educational agency. The waivers shall not

permit schools to implement the requirements later than July 1,

1998, or a later date determined by the Secretary.

(3) To assist schools in meeting the requirements of this

subsection, the Secretary -

(A) shall -

(i) develop, and provide to schools, standardized recipes,

menu cycles, and food product specification and preparation

techniques; and

(ii) provide to schools information regarding nutrient

standard menu planning, assisted nutrient standard menu

planning, and food-based menu systems; and

(B) may provide to schools information regarding other

approaches, as determined by the Secretary.

(4) Use of any reasonable approach. -

(A) In general. - A school food service authority may use any

reasonable approach, within guidelines established by the

Secretary in a timely manner, to meet the requirements of this

subsection, including -

(i) using the school nutrition meal pattern in effect for the

1994-1995 school year; and

(ii) using any of the approaches described in paragraph (3).

(B) Nutrient analysis. - The Secretary may not require a school

to conduct or use a nutrient analysis to meet the requirements of

this subsection.

(5) Waiver of requirement for weighted averages for nutrient

analysis. - During the period ending on September 30, 2003, the

Secretary shall not require the use of weighted averages for

nutrient analysis of menu items and foods offered or served as part

of a meal offered or served under the school lunch program under

this chapter or the school breakfast program under section 4 of the

Child Nutrition Act of 1966 (42 U.S.C. 1773).

(g) Justification of production records; paperwork reduction

Not later than 1 year after November 2, 1994, the Secretary shall

provide a notification to Congress that justifies the need for

production records required under section 210.10(b) of title 7,

Code of Federal Regulations, and describes how the Secretary has

reduced paperwork relating to the school lunch and school breakfast

programs.

(h) Food safety inspections

(1) In general

Except as provided in paragraph (2), a school participating in

the school lunch program under this chapter or the school

breakfast program under section 4 of the Child Nutrition Act of

1966 (42 U.S.C. 1773) shall, at least once during each school

year, obtain a food safety inspection conducted by a State or

local governmental agency responsible for food safety

inspections.

(2) Exception

Paragraph (1) shall not apply to a school if a food safety

inspection of the school is required by a State or local

governmental agency responsible for food safety inspections.

(i) Single permanent agreement between State agency and school food

authority; common claims form

(1) In general

If a single State agency administers any combination of the

school lunch program under this chapter, the school breakfast

program under section 4 of the Child Nutrition Act of 1966 (42

U.S.C. 1773), the summer food service program for children under

section 1761 of this title, or the child and adult care food

program under section 1766 of this title, the agency shall -

(A) require each school food authority to submit to the State

agency a single agreement with respect to the operation by the

authority of the programs administered by the State agency; and

(B) use a common claims form with respect to meals and

supplements served under the programs administered by the State

agency.

(2) Additional requirement

The agreement described in paragraph (1)(A) shall be a

permanent agreement that may be amended as necessary.

(j) Purchases of locally produced foods

(1) In general

The Secretary shall -

(A) encourage institutions participating in the school lunch

program under this chapter and the school breakfast program

established by section 4 of the Child Nutrition Act of 1966 (42

U.S.C. 1773) to purchase, in addition to other food purchases,

locally produced foods for school meal programs, to the maximum

extent practicable and appropriate;

(B) advise institutions participating in a program described

in subparagraph (A) of the policy described in that

subparagraph and post information concerning the policy on the

website maintained by the Secretary; and

Secretary, provide startup grants to not more than 200

institutions to defray the initial costs of equipment,

materials, and storage facilities, and similar costs, incurred

in carrying out the policy described in subparagraph (A).

(2) Authorization of appropriations

(A) In general

There is authorized to be appropriated to carry out this

subsection $400,000 for each of fiscal years 2003 through 2007,

to remain available until expended.

(B) Limitation

No amounts may be made available to carry out this subsection

unless specifically provided by an appropriation Act.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 9, 60 Stat. 233; Pub. L. 90-302, Sec.

2(b), May 8, 1968, 82 Stat. 117; Pub. L. 91-248, Sec. 6(a), (b),

(d), (e), May 14, 1970, 84 Stat. 210; Pub. L. 92-153, Sec. 5, Nov.

5, 1971, 85 Stat. 420; Pub. L. 92-433, Sec. 5, Sept. 26, 1972, 86

Stat. 726; Pub. L. 93-150, Sec. 9, Nov. 7, 1973, 87 Stat. 564; Pub.

L. 93-326, Sec. 4, June 30, 1974, 88 Stat. 286; Pub. L. 94-105,

Sec. 6, Oct. 7, 1975, 89 Stat. 512; Pub. L. 95-166, Sec. 8, Nov.

10, 1977, 91 Stat. 1335; Pub. L. 95-627, Sec. 8, Nov. 10, 1978, 92

Stat. 3622; Pub. L. 97-35, title VIII, Secs. 803(a), (b), 811, Aug.

13, 1981, 95 Stat. 524, 525, 529; Pub. L. 99-500, title III, Secs.

322-324, Oct. 18, 1986, 100 Stat. 1783-361, and Pub. L. 99-591,

title III, Secs. 322-324, Oct. 30, 1986, 100 Stat. 3341-364; Pub.

L. 99-661, div. D, title II, Secs. 4202-4204, Nov. 14, 1986, 100

Stat. 4072; Pub. L. 100-356, Sec. 1, June 28, 1988, 102 Stat. 669;

Pub. L. 101-147, title I, Sec. 101, title II, Sec. 202(a)(1),

(2)(A), (b), title III, Secs. 305, 312(1), (2), Nov. 10, 1989, 103

Stat. 878, 908, 914, 916; Pub. L. 103-448, title I, Secs. 105(a),

106-109(a), 110, Nov. 2, 1994, 108 Stat. 4701-4705; Pub. L.

104-149, Sec. 2, May 29, 1996, 110 Stat. 1379; Pub. L. 104-193,

title I, Sec. 109(g), title VII, Secs. 702, 703, Aug. 22, 1996, 110

Stat. 2170, 2288, 2289; Pub. L. 105-336, title I, Sec. 102, Oct.

31, 1998, 112 Stat. 3144; Pub. L. 106-224, title II, Sec. 242(a),

June 20, 2000, 114 Stat. 411; Pub. L. 107-171, title IV, Secs.

4302(a), 4303, May 13, 2002, 116 Stat. 330, 331.)

-REFTEXT-

REFERENCES IN TEXT

The Food Stamp Act of 1977, referred to in subsecs.

(b)(2)(C)(ii)(I), (6)(A)(i) and (d)(2)(B), is Pub. L. 88-525, Aug.

31, 1964, 78 Stat. 703, as amended, which is classified generally

to chapter 51 (Sec. 2011 et seq.) of Title 7, Agriculture. For

complete classification of this Act to the Code, see Short Title

note set out under section 2011 of Title 7 and Tables.

The Social Security Act, referred to in subsecs.

(b)(2)(C)(ii)(II), (iii)(II)(bb), (IV), (vi)(I), (6)(A)(ii), (B)

and (d)(2)(C), 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 Child Nutrition Act of 1966, referred to in subsec.

(b)(2)(C)(iii)(I), (6)(A), is Pub. L. 89-642, Oct. 11, 1966, 80

Stat. 885, as amended, which is classified generally to chapter 13A

(Sec. 1771 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1771 of this title and Tables.

The Head Start Act, referred to in subsec. (b)(6)(A)(iii), is

subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI

of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is

classified generally to subchapter II (Sec. 9831 et seq.) of

chapter 105 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 9801 of

this title and Tables.

-COD-

CODIFICATION

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

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(7). Pub. L. 107-171, Sec. 4302(a), added par.

(7).

Subsec. (j). Pub. L. 107-171, Sec. 4303, added subsec. (j).

2000 - Subsec. (b)(2)(C)(iii)(IV). Pub. L. 106-224, Sec.

242(a)(1), added subcl. (IV).

Subsec. (b)(2)(C)(vi), (vii). Pub. L. 106-224, Sec. 242(a)(2),

added cls. (vi) and (vii).

1998 - Subsec. (f)(2). Pub. L. 105-336, Sec. 102(a)(1),

substituted "paragraph (1)" for "subparagraph (A)".

Subsec. (f)(3), (4). Pub. L. 105-336, Sec. 102(a)(2), substituted

"this subsection" for "this paragraph" wherever appearing.

Subsec. (f)(5). Pub. L. 105-336, Sec. 102(b), added par. (5).

Subsec. (h). Pub. L. 105-336, Sec. 102(c), added subsec. (h).

Subsec. (i). Pub. L. 105-336, Sec. 102(d), added subsec. (i).

1996 - Subsec. (a)(2). Pub. L. 104-193, Sec. 702(a)(1),

redesignated par. (2)(A) as (2) and cls. (i) and (ii) of former

subpar. (A) as subpars. (A) and (B), respectively, and struck out

former subpar. (B) which read as follows:

"(B)(i) The Secretary shall purchase in each calendar year to

carry out the school lunch program under this chapter, and the

school breakfast program under section 4 of the Child Nutrition Act

of 1966 (42 U.S.C. 1773), lowfat cheese on a bid basis in a

quantity that is the milkfat equivalent of the quantity of milkfat

the Secretary estimates the Commodity Credit Corporation will

purchase each calendar year as a result of the elimination of the

requirement that schools offer students fluid whole milk and fluid

unflavored lowfat milk, based on data provided by the Director of

Office of Management and Budget.

"(ii) Not later than 30 days after the Secretary provides an

estimate required under clause (i), the Director of the

Congressional Budget Office shall provide to the appropriate

committees of Congress a report on whether the Director concurs

with the estimate of the Secretary.

"(iii) The quantity of lowfat cheese that is purchased under this

subparagraph shall be in addition to the quantity of cheese that is

historically purchased by the Secretary to carry out school feeding

programs. The Secretary shall take such actions as are necessary to

ensure that purchases under this subparagraph shall not displace

commercial purchases of cheese by schools."

Subsec. (a)(3), (4). Pub. L. 104-193, Sec. 702(a)(2), (3),

redesignated par. (4) as (3) and struck out former par. (3) which

read as follows: "The Secretary shall establish, in cooperation

with State educational agencies, administrative procedures, which

shall include local educational agency and student participation,

designed to diminish waste of foods which are served by schools

participating in the school lunch program under this chapter

without endangering the nutritional integrity of the lunches served

by such schools."

Subsec. (b)(2)(C)(ii)(II). Pub. L. 104-193, Sec. 109(g)(1)(A),

substituted "State program funded" for "program for aid to families

with dependent children" and inserted before period at end "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. (b)(2)(D). Pub. L. 104-193, Sec. 703, added subpar. (D).

Subsec. (b)(6)(A)(ii). Pub. L. 104-193, Sec. 109(g)(1)(B)(i),

substituted "a family (under the State program funded" for "an AFDC

assistance unit (under the aid to families with dependent children

program authorized" and "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" for ", in a State

where the standard of eligibility for the assistance does not

exceed 130 percent of the poverty line (as defined in section

9902(2) of this title)".

Subsec. (b)(6)(B). Pub. L. 104-193, Sec. 109(g)(1)(B)(ii),

substituted "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" for "aid to families with dependent children".

Subsec. (c). Pub. L. 104-193, Sec. 702(b)(2), struck out "Each

school shall, insofar as practicable, utilize in its lunch program

commodities designated from time to time by the Secretary as being

in abundance, either nationally or in the school area or

commodities donated by the Secretary." after "operated on a

nonprofit basis.", "The Secretary is authorized to prescribe terms

and conditions respecting the use of commodities donated under such

section 612c of title 7, under section 1431 of title 7 and under

section 1446a-1 of title 7, as will maximize the nutritional and

financial contributions of such donated commodities in such schools

and institutions." after "authorized to receive such commodities.",

and "None of the requirements of this section in respect to the

amount for 'reduced cost' meals and to eligibility for meals

without cost shall apply to schools (as defined in section

1760(d)(6) of this title which are private and nonprofit as defined

in the last sentence of section 1760(d)(6) of this title) which

participate in the school lunch program under this chapter until

such time as the State educational agency, or in the case of such

schools which participate under the provisions of section 1759 of

this title the Secretary certifies that sufficient funds from

sources other than children's payments are available to enable such

schools to meet these requirements." at end.

Pub. L. 104-193, Sec. 702(b)(1), substituted "provision of law"

for "of the provisions of law referred to in the preceding

sentence" in fifth sentence.

Subsec. (d)(2)(C). Pub. L. 104-193, Sec. 109(g)(2), substituted

"State program funded" for "program for aid to families with

dependent children" and inserted before period at end "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. (f). Pub. L. 104-193, Sec. 702(c)(1)-(3), struck out

"(2)" designation before "(A) Except as provided", redesignated

subpars. (A) to (D) as pars. (1) to (4), respectively, and struck

out former par. (1) which read as follows: "Not later than the

first day of the 1996-97 school year, the Secretary, State

educational agencies, schools, and school food service authorities

shall, to the maximum extent practicable, inform students who

participate in the school lunch and school breakfast programs, and

parents and guardians of the students, of -

"(A) the nutritional content of the lunches and breakfasts that

are served under the programs; and

"(B) the consistency of the lunches and breakfasts with the

guidelines contained in the most recent 'Dietary Guidelines for

Americans' that is published under section 5341 of title 7

(referred to in this subsection as the 'Guidelines'), including

the consistency of the lunches and breakfasts with the guideline

for fat content."

Subsec. (f)(1). Pub. L. 104-193, Sec. 702(c)(4), added par. (1)

and struck out former par. (1), as redesignated by Pub. L. 104-193,

Sec. 702(c)(3), which read as follows: "Except as provided in

subparagraph (B), not later than the first day of the 1996-97

school year, schools that are participating in the school lunch or

school breakfast program shall serve lunches and breakfasts under

the programs that are consistent with the Guidelines (as measured

in accordance with subsection (a)(1)(A)(ii) of this section and

section 4(e)(1))."

Subsec. (f)(2)(D). Pub. L. 104-149 added subpar. (D) and struck

out former subpar. (D) which read as follows: "Schools may use any

of the approaches described in subparagraph (C) to meet the

requirements of this paragraph. In the case of schools that elect

to use food-based menu systems to meet the requirements of this

paragraph, the Secretary may not require the schools to conduct or

use nutrient analysis."

Subsec. (f)(3). Pub. L. 104-193, Sec. 702(c)(5), redesignated

cls. (i) and (ii) as subpars. (A) and (B), respectively, and

subcls. (I) and (II) of subpar. (A) as cls. (i) and (ii),

respectively.

Subsec. (f)(4). Pub. L. 104-193, Sec. 702(c)(6), redesignated

cls. (i) and (ii) as subpars. (A) and (B), respectively, in subpar.

(A), redesignated subcls. (I) and (II) as cls. (i) and (ii),

respectively, and in subpar. (A)(ii), substituted "paragraph (3)"

for "subparagraph (C)".

Subsec. (h). Pub. L. 104-193, Sec. 702(d), struck out subsec. (h)

which read as follows: "In carrying out this chapter and the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), a State educational

agency may use resources provided through the nutrition education

and training program authorized under section 19 of the Child

Nutrition Act of 1966 (42 U.S.C. 1788) for training aimed at

improving the quality and acceptance of school meals."

1994 - Subsec. (a)(1). Pub. L. 103-448, Secs. 105(a), 106(a),

designated existing provisions as subpar. (A) and cl. (i) of

subpar. (A) and added cl. (ii) of subpar. (A) and subpar. (B).

Subsec. (a)(2). Pub. L. 103-448, Sec. 107, amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "Lunches

served by schools participating in the school lunch program under

this chapter shall offer students fluid whole milk and fluid

unflavored lowfat milk."

Subsec. (b)(2)(C)(iii) to (v). Pub. L. 103-448, Sec. 108, added

cls. (iii) to (v) and struck out former cl. (iii), which read as

follows: "School food service authorities shall only use

information obtained under clause (ii) for the purpose of

determining eligibility for participation in programs under this

chapter and the Child Nutrition Act of 1966."

Subsec. (b)(6)(A). Pub. L. 103-448, Sec. 109(a)(1), struck out "a

member of" after "if the child is" in introductory provisions,

inserted "a member of" after "(i)" and "(ii)", and added cl. (iii).

Subsec. (b)(6)(B). Pub. L. 103-448, Sec. 109(a)(2), inserted ",

or of enrollment or participation in a Head Start program on the

basis described in subparagraph (A)(iii)," after "aid to families

with dependent children".

Subsecs. (f) to (h). Pub. L. 103-448, Secs. 106(b), (c), 110,

added subsecs. (f) to (h).

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

(a), as amended identically by Pub. L. 99-500 and 99-591, Sec. 322,

and Pub. L. 99-661, Sec. 4202, 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. 312(1), substituted "school

lunch" for "school-lunch".

Subsec. (a)(2). Pub. L. 101-147, Sec. 101(b), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "In

addition to such other forms of milk as the Secretary may

determine, the lunches shall offer whole milk as a beverage."

Subsec. (b). Pub. L. 101-147, Secs. 305(b)(1), 312(2),

substituted "reduced price" for "reduced-price" and "family size"

for "family-size" wherever appearing.

Pub. L. 101-147, Sec. 202(a)(1), (2)(A), amended subsec. (b), as

amended identically by Pub. L. 99-500 and Pub. L. 99-591, Sec. 323,

and Pub. L. 99-661, Sec. 4203, and as amended by Pub. L. 100-356,

Sec. 1, to read as if only the amendment by Pub. L. 99-661 was

enacted, and further amended subsec. (b) identically to the

amendments that were made by Pub. L. 100-356, Sec. 1, resulting in

no change in text, see 1986 and 1988 Amendment notes below.

Subsec. (b)(2)(C). Pub. L. 101-147, Sec. 202(b)(1), amended

subpar. (C) generally. Prior to amendment, subpar. (C) read as

follows: "Eligibility determinations shall be made on the basis of

a complete application executed by an adult member of the

household. The Secretary, States, and local school food authorities

may seek verification of the data contained in the application.

Local school food authorities shall undertake such verification of

the information contained in these applications as the Secretary

may by regulation prescribe and, in accordance with such

regulations, make appropriate changes in the eligibility

determinations on the basis of such verification."

Subsec. (c). Pub. L. 101-147, Secs. 305(b)(2), 312(1),

substituted "School lunch" for "School-lunch", substituted "school

lunch" for "school-lunch" wherever appearing, and made technical

amendments to the references to sections 612c, 1431, and 1446a-1 of

title 7 involving underlying provisions of original act and

requiring no change in text.

Subsec. (d)(1). Pub. L. 101-147, Secs. 202(b)(2)(A), 312(2),

substituted "reduced price" for "reduced-price" and "number of the

parent or guardian who is the primary wage earner responsible for

the care of the child for whom the application is made, or that of

another appropriate adult member of the child's household, as

determined by the Secretary. The Secretary shall require that

social security account numbers of all adult members of the

household be provided if verification of the data contained in the

application is sought under subsection (b)(2)(C) of this section."

for "numbers of all adult members of the household of which such

person is a member."

Subsec. (d)(2). Pub. L. 101-147, Sec. 312(2), substituted

"reduced price" for "reduced-price".

Subsec. (d)(2)(A). Pub. L. 101-147, Sec. 202(b)(2)(B)(i), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "appropriate documentation, as prescribed by the

Secretary, of the income of such household has been provided to the

appropriate local school food authority; or".

Subsec. (d)(2)(C). Pub. L. 101-147, Sec. 202(b)(2)(B)(ii), (iii),

added subpar. (C).

Subsec. (e). Pub. L. 101-147, Sec. 312(2), substituted "reduced

price" for "reduced-price".

Pub. L. 101-147, Sec. 305(a), amended subsec. (e), as amended

identically by Pub. L. 99-500 and Pub. L. 99-591, Sec. 324, and

Pub. L. 99-661, Sec. 4204, 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.

1988 - Subsec. (b)(1)(A). Pub. L. 100-356 substituted "The" for

"For the school years ending June 30, 1982, and June 30, 1983, the"

in second sentence and struck out provisions which equated income

guidelines for determining eligibility for free lunches with gross

income eligibility standards for participation in food stamp

program.

1986 - Subsec. (a). Pub. L. 99-500 and Pub. L. 99-591, Sec. 322,

and Pub. L. 99-661, Sec. 4202, amended subsec. (a) identically,

designating existing provisions as pars. (1), (3), and (4) and

adding par. (2).

Subsec. (b)(6). Pub. L. 99-500 and Pub. L. 99-591, Sec. 323, and

Pub. L. 99-661, Sec. 4203, amended subsec. (b) identically, adding

par. (6).

Subsec. (e). Pub. L. 99-500 and Pub. L. 99-591, Sec. 324, and

Pub. L. 99-661, Sec. 4204, amended section identically, adding

subsec. (e).

1981 - Subsec. (a). Pub. L. 97-35, Sec. 811, struck out "in any

junior high school or middle school" after "grade level".

Subsec. (b). Pub. L. 97-35, Sec. 803(a), in par. (1) substituted

provisions relating to income eligibility guidelines, for

provisions relating to income poverty guidelines, redesignated

former par. (2) as (5) and, as so redesignated, struck out "solely"

after "sentence", and added pars. (2) to (4).

Subsec. (d). Pub. L. 97-35, Sec. 803(b), added subsec. (d).

1978 - Subsec. (b)(1). Pub. L. 95-627 substituted guidelines

prescribed by the Office of Management and Budget for the Consumer

Price Index for purposes of determining the income poverty

guidelines.

1977 - Subsec. (a). Pub. L. 95-166 inserted parenthetical text

authorizing students in any grade level in any junior high school

or middle school, when approved by local school district or

nonprofit private school, to refuse to accept offered foods they do

not intend to consume.

1975 - Subsec. (a). Pub. L. 94-105, Sec. 6(a), directed Secretary

to establish administrative procedures designed to diminish food

waste in school lunch programs and made provision for senior high

school students to refuse food which they do not intend to consume

without affecting lunch charges or payments to schools for lunches

served.

Subsec. (b)(1). Pub. L. 94-105, Sec. 6(b), designated existing

provisions as subsec. (b)(1), struck out "if a school elects to

serve reduced-price lunches" after "reduced price not to exceed 20

cents", inserted provision for a reduced price lunch for any child

eligible under reduced price lunch income guidelines, established

income guidelines for reduced price lunches, beginning with fiscal

year ending June 30, 1976, at 95 per centum above applicable family

size income levels in income poverty guidelines, and provided for a

reduced price lunch not to exceed 20 cents to any child belonging

to a household whose income falls between guidelines for a free

lunch and 95 per centum above income levels in the income poverty

guidelines.

Pub. L. 94-105, Sec. 6(c), substituted provision adjusting income

poverty guidelines that take effect July 1 of each year according

to percentage change in Consumer Price Index for 12-month period

ending in April of that year, except that the first adjustment,

effective July 1, 1976, shall be made according to percentage

change between average Consumer Price Index for 1974, on which the

1975-1976 guidelines are based, and Consumer Price Index for April

1976 for provision basing the guidelines on average Consumer Price

Index for previous calendar year.

Subsec. (b)(2). Pub. L. 94-105, Sec. 6(d), added par. (2).

Subsec. (c). Pub. L. 94-105, Sec. 6(e), substituted "schools (as

defined in section 1760(d)(6) of this title which are private and

nonprofit as defined in the last sentence of section 1760(d)(6) of

this title)" for "nonprofit private schools".

1974 - Subsec. (b). Pub. L. 93-326 substituted "beginning with

the fiscal year ending June 30, 1974" for "for the fiscal year

ending June 30, 1974" in provision authorizing State educational

agencies to establish income guidelines for reduced price lunches

at not more than 75 per centum above applicable family size income

levels in income poverty guidelines as prescribed by Secretary.

1973 - Subsec. (b). Pub. L. 93-150 inserted proviso relating to

income guidelines for reduced price lunches.

1972 - Subsec. (a). Pub. L. 92-433, Sec. 5(a), designated first

sentence as subsec. (a).

Subsec. (b). Pub. L. 92-433, Sec. 5(b), designated second through

seventh sentences of existing provisions as subsec. (b), separated

provisions relating to free and reduced price lunches, substituted

May 15 of each year for July 1 of each year as the date by which

the Secretary is required to prescribe an income poverty guideline,

prescribed free lunch for children of households below the

guideline instead of prior provision requiring free lunch or lunch

at reduced price, authorized State educational agencies to set up

family-size income levels for free and reduced price lunches to be

within certain percentage limitations of the guideline prescribed

by the Secretary, and provided for continuation until July 1, 1973

of higher guidelines established prior to July 1, 1972.

Subsec. (c). Pub. L. 92-433, Sec. 5(c), designated eighth through

thirteenth sentences as subsec. (c) and in last sentence inserted

provision that requirements of this section are not applicable to

nonprofit private schools which participate in the school lunch

program under this chapter until the State educational agency

certifies about the funds.

1971 - Pub. L. 92-153 inserted provisions for consideration of

income poverty guidelines during fiscal year 1972 as a national

minimum standard of eligibility and for reimbursement of State

agencies during such fiscal year pursuant to eligibility standards

established by State agencies prior to Oct. 1, 1971.

1970 - Pub. L. 91-248 placed a ceiling of 20 cents on any reduced

price meal offered under the school lunch program, provided for

determination of ability to pay the full cost of lunch based on a

publicly announced policy the minimum criteria of which includes

family income and the number of school children in the family unit

as well as the size of the family unit in general, but, under

which, by Jan. 1, 1971, such determination shall be based on the

income poverty guidelines with first priority given to providing

free meals to the neediest children, provided that there be no

overt identification of those children who receive free and reduced

price meals, authorized the Secretary to prescribe such terms and

conditions for food service in the non-national School Lunch Act

schools as well as schools under this Act which are receiving

Federal assistance in the form of commodities, and excepted from

requirements of this section with respect to amount for reduced

cost meals and eligibility for meals without cost nonprofit private

schools which participate in the school lunch program under the

provisions of section 1759 of this title until the Secretary

certifies that sufficient funds are available to enable such

schools to meet the requirements of this section.

1968 - Pub. L. 90-302 provided that minimum nutritional

requirements prescribed by the Secretary on basis of tested

nutritional research which lunches served by participating schools

must meet could not be construed to prohibit substitution of foods

to accommodate medical or other special dietary needs of individual

students.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-171, title IV, Sec. 4302(b), May 13, 2002, 116 Stat.

331, provided that: "The amendment made by this section [amending

this section] takes effect on the date of enactment of this Act

[May 13, 2002]."

Amendment by section 4303 of Pub. L. 107-171 effective Oct. 1,

2002, except as otherwise provided, see section 4405 of Pub. L.

107-171, set out as an Effective Date note under section 1161 of

Title 2, The Congress.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-224, title II, Sec. 242(c), June 20, 2000, 114 Stat.

413, provided that: "The amendments made by this section [amending

this section and sections 1760 and 1786 of this title] 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(g) 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.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by sections 105(a) and 106 to 108 of 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.

Section 109(c) of Pub. L. 103-448 provided that: "The amendments

made by this section [amending this section and section 1766 of

this title] shall become effective on September 25, 1995."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 202(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 June 28,

1988."

EFFECTIVE DATE OF 1986 AMENDMENT

Sections 322 to 324 of Pub. L. 99-500 and Pub. L. 99-591 and

sections 4202 to 4204 of Pub. L. 99-661 provided that the

amendments made by those sections are effective July 1, 1986.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by sections 803(a), (b) and 811 of Pub. L. 97-35

effective Aug. 13, 1981, and Sept. 1, 1981, respectively, see

section 820(a)(1)(E), (7)(A) 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 1975 AMENDMENT

Section 6(c) of Pub. L. 94-105 provided that the amendment made

by that section is effective Jan. 1, 1976.

PROMULGATION OF REGULATIONS

Section 202(c) 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 (b)

[amending this section]."

INCOME ELIGIBILITY GUIDELINES

Pub. L. 96-499, title II, Sec. 203(a)-(c), Dec. 5, 1980, 94 Stat.

2600, as amended by Pub. L. 97-35, title VIII, Sec. 820(b)(3), Aug.

13, 1981, 95 Stat. 535, provided that:

"(a), (b) [Repealed].

"(c) For the school year ending June 30, 1981, the Secretary may

prescribe procedures for implementing the revisions in the income

poverty guidelines for free and reduced price lunches contained in

this section that may allow school food authorities to (1) use

applications distributed at the beginning of the school year when

making eligibility determinations based on the revised income

poverty guidelines or (2) distribute new applications containing

the revised income poverty guidelines and make eligibility

determinations using the new applications."

VERIFICATION OF ELIGIBILITY DATA SUBMITTED ON A SAMPLE OF

APPLICATIONS FOR FREE AND REDUCED-PRICE MEALS

Section 803(c) of Pub. L. 97-35 provided that: "Notwithstanding

any other provision of law, the Secretary of Agriculture shall

conduct a pilot study to verify the data submitted on a sample of

applications for free and reduced-price meals. In conducting the

pilot study, the Secretary may require households included in the

study to furnish social security numbers of all household members

and such other information as the Secretary may require, including,

but not limited to, pay stubs, documentation of the current status

of household members who are recipients of public assistance,

unemployment insurance documents, and written statements from

employers, as a condition for receipt of free or reduced-price

meals."

PROCEDURES FOR IMPLEMENTING NEW INCOME ELIGIBILITY GUIDELINES FOR

FREE AND REDUCED-PRICE LUNCHES

Section 803(d) of Pub. L. 97-35 provided that for school year

ending June 30, 1982, Secretary could prescribe procedures for

implementing the revisions made by section 803 of Pub. L. 97-35,

amending this section, to the income eligibility guidelines for

free and reduced-price lunches under this section, and that such

procedures could allow school food authorities to use applications

distributed at beginning of school year when making eligibility

determinations or to distribute new applications.

LOWERING MINIMUM STANDARD OF ELIGIBILITY AND REDUCTION IN NUMBER OF

CHILDREN SERVED, FISCAL YEAR 1972

Section 6 of Pub. L. 92-153 provided that: "The Secretary shall

not lower minimum standards of eligibility for free and reduced

price meals nor require a reduction in the number of children

served in any school district during a fiscal year to be effective

for that fiscal year. This section shall apply to fiscal year

1972."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1753, 1759a, 1762a, 1766,

1773, 1786 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "be".

-End-

-CITE-

42 USC Sec. 1759 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1759. Direct disbursement to schools by Secretary

-STATUTE-

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

this chapter and disburse the funds directly to schools,

institutions, or service 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-

(June 4, 1946, ch. 281, Sec. 10, 60 Stat. 233; Pub. L. 87-823, Sec.

4, Oct. 15, 1962, 76 Stat. 945; Pub. L. 91-248, Sec. 1(b), May 14,

1970, 84 Stat. 208; Pub. L. 93-433, Sec. 4(d), Sept. 26, 1972, 86

Stat. 726; Pub. L. 93-150, Sec. 3(b), Nov. 7, 1973, 87 Stat. 562;

Pub. L. 94-105, Sec. 7, Oct. 7, 1975, 89 Stat. 514; Pub. L. 97-35,

title VIII, Sec. 817(a), Aug. 13, 1981, 95 Stat. 531.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 designated existing provisions as subsec.

(a), substituted provisions relating to disbursement of funds

directly to schools, institutions, or service institutions for the

purposes authorized by this chapter, for provisions relating to

disbursement of funds directly to schools for the purposes and

subject to conditions authorized or required for disbursements to

schools within the State by the State educational agency, and added

subsec. (b).

1975 - Pub. L. 94-105 altered provisions of section to

accommodate authorization of direct payments to private nonprofit

schools and institutions in conformity with revised allocation

method for school lunch funds and expanded definition of "school"

to include any public or licensed nonprofit residential child care

institution, including but not limited to, orphanages and homes for

the mentally retarded.

1973 - Pub. L. 93-150 inserted in proviso reference to section

1759a of this title.

1972 - Pub. L. 92-433 inserted proviso that beginning with the

fiscal year ending June 30, 1974, the Secretary shall make payments

directly to the nonprofit private schools for the purpose of

section 1753 of this title under the same conditions as are

prescribed for State educational agencies.

1970 - Pub. L. 91-248 provided that data upon which State

apportionments are calculated is the program year completed two

years immediately prior to the fiscal year for which the

appropriation is requested.

1962 - Pub. L. 87-823 substituted "an amount which bears the same

ratio to such funds as the number of lunches, consisting of a

combination of foods and meeting the minimum requirements

prescribed by the Secretary pursuant to section 1758 of this title,

served in the preceding fiscal year by all nonprofit private

schools participating in the program under this chapter within the

State, as determined by the Secretary, bears to the participation

rate for the State" for "the same proportion of the funds as the

number of children between the ages of 5 and 17, inclusive,

attending nonprofit private schools within the State, is of the

total number of persons of those ages within the State attending

school".

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 sections 1755, 1757, 1766, 1769,

1776 of this title.

-End-

-CITE-

42 USC Sec. 1759a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1759a. Special assistance funds

-STATUTE-

(a) Formula for computation of payments; computation for lunches to

eligible children in schools funding service to ineligible

children from non-Federal sources; special assistance factors;

annual adjustments

(1)(A) Except as provided in section 1759 of this title, in each

fiscal year each State educational agency shall receive special

assistance payments in an amount equal to the sum of the product

obtained by multiplying the number of lunches (consisting of a

combination of foods which meet the minimum nutritional

requirements prescribed by the Secretary pursuant to section

1758(a) of this title) served free to children eligible for such

lunches in schools within that State during such fiscal year by the

special assistance factor for free lunches prescribed by the

Secretary for such fiscal year and the product obtained by

multiplying the number of lunches served at a reduced price to

children eligible for such reduced price lunches in schools within

that State during such fiscal year by the special assistance factor

for reduced price lunches prescribed by the Secretary for such

fiscal year.

(B) Except as provided in subparagraph (C), (D), or (E), in the

case of any school which determines that at least 80 percent of the

children in attendance during a school year (hereinafter in this

sentence referred to as the "first school year") are eligible for

free lunches or reduced price lunches, special assistance payments

shall be paid to the State educational agency with respect to that

school, if that school so requests for the school year following

the first school year, on the basis of the number of free lunches

or reduced price lunches, as the case may be, that are served by

that school during the school year for which the request is made,

to those children who were determined to be so eligible in the

first school year and the number of free lunches and reduced price

lunches served during that year to other children determined for

that year to be eligible for such lunches.

(C)(i) Except as provided in subparagraph (D), in the case of any

school that -

(I) elects to serve all children in the school free lunches

under the school lunch program during any period of 4 successive

school years, or in the case of a school that serves both lunches

and breakfasts, elects to serve all children in the school free

lunches and free breakfasts under the school lunch program and

the school breakfast program established under section 4 of the

Child Nutrition Act of 1966 (42 U.S.C. 1773) during any period of

4 successive school years; and

(II) pays, from sources other than Federal funds, for the costs

of serving the lunches or breakfasts that are in excess of the

value of assistance received under this chapter and the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to

the number of lunches or breakfasts served during the period;

special assistance payments shall be paid to the State educational

agency with respect to the school during the period on the basis of

the number of lunches or breakfasts determined under clause (ii) or

(iii).

(ii) For purposes of making special assistance payments under

clause (i), except as provided in clause (iii), the number of

lunches or breakfasts served by a school to children who are

eligible for free lunches or breakfasts or reduced price lunches or

breakfasts during each school year of the 4-school-year period

shall be considered to be equal to the number of lunches or

breakfasts served by the school to children eligible for free

lunches or breakfasts or reduced price lunches or breakfasts during

the first school year of the period.

(iii) For purposes of computing the amount of the payments, a

school may elect to determine on a more frequent basis the number

of children who are eligible for free or reduced price lunches or

breakfasts who are served lunches or breakfasts during the

4-school-year period.

(D)(i) In the case of any school that is receiving special

assistance payments under this paragraph for a 4-school-year period

described in subparagraph (C), the State may grant, at the end of

the 4-school-year period, an extension of the period for an

additional 4 school years, if the State determines, through

available socioeconomic data approved by the Secretary, that the

income level of the population of the school has remained stable.

(ii) A school described in clause (i) may reapply to the State at

the end of the 4-school-year period, and at the end of each

4-school-year period thereafter for which the school receives

special assistance payments under this paragraph, for the purpose

of continuing to receive the payments for a subsequent

4-school-year period.

(iii) If the Secretary determines after considering the best

available socioeconomic data that the income level of families of

children enrolled in a school has not remained stable, the

Secretary may require the submission of applications for free and

reduced price lunches, or for free and reduced price lunches and

breakfasts, in the first school year of any 4-school-year period

for which the school receives special assistance payments under

this paragraph, for the purpose of calculating the special

assistance payments.

(iv) For the purpose of updating information and reimbursement

levels, a school described in clause (i) that carries out a school

lunch or school breakfast program may at any time require

submission of applications for free and reduced price lunches or

for free and reduced price lunches and breakfasts.

(E)(i) In the case of any school that -

(I) elects to serve all children in the school free lunches

under the school lunch program during any period of 4 successive

school years, or in the case of a school that serves both lunches

and breakfasts, elects to serve all children in the school free

lunches and free breakfasts under the school lunch program and

the school breakfast program during any period of 4 successive

school years; and

(II) pays, from sources other than Federal funds, for the costs

of serving the lunches or breakfasts that are in excess of the

value of assistance received under this chapter and the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to

the number of lunches or breakfasts served during the period;

total Federal cash reimbursements and total commodity assistance

shall be provided to the State educational agency with respect to

the school at a level that is equal to the total Federal cash

reimbursements and total commodity assistance received by the

school in the last school year for which the school accepted

applications under the school lunch or school breakfast program,

adjusted annually for inflation in accordance with paragraph (3)(B)

and for changes in enrollment, to carry out the school lunch or

school breakfast program.

(ii) A school described in clause (i) may reapply to the State at

the end of the 4-school-year period described in clause (i), and at

the end of each 4-school-year period thereafter for which the

school receives reimbursements and assistance under this

subparagraph, for the purpose of continuing to receive the

reimbursements and assistance for a subsequent 4-school-year

period. The State may approve an application under this clause if

the State determines, through available socioeconomic data approved

by the Secretary, that the income level of the population of the

school has remained consistent with the income level of the

population of the school in the last school year for which the

school accepted the applications described in clause (i).

(2) The special assistance factor prescribed by the Secretary for

free lunches shall be 98.75 cents and the special assistance factor

for reduced price lunches shall be 40 cents less than the special

assistance factor for free lunches.

(3)(A) The Secretary shall prescribe on July 1, 1982, and on each

subsequent July 1, an annual adjustment in the following:

(i) The national average payment rates for lunches (as

established under section 1753 of this title).

(ii) The special assistance factor for lunches (as established

under paragraph (2) of this subsection).

(iii) The national average payment rates for breakfasts (as

established under section 4(b) of the Child Nutrition Act of 1966

[42 U.S.C. 1773 (b)]).

(iv) The national average payment rates for supplements (as

established under section 1766(c) of this title).

(B) Computation of adjustment. -

(i) In general. - The annual adjustment under this paragraph

shall reflect changes in the cost of operating meal programs

under this chapter and the Child Nutrition Act of 1966 [42 U.S.C.

1771 et seq.], as indicated by the change in the series for food

away from home of the Consumer Price Index for all Urban

Consumers, published by the Bureau of Labor Statistics of the

Department of Labor.

(ii) Basis. - Each annual adjustment shall reflect the changes

in the series for food away from home for the most recent

12-month period for which such data are available.

(iii) Rounding. -

(I) Through june 30, 1999. - For the period ending June 30,

1999, the adjustments made under this paragraph shall be

computed to the nearest one-fourth cent, except that

adjustments to payment rates for meals and supplements served

to individuals not determined to be eligible for free or

reduced price meals and supplements shall be computed to the

nearest lower cent increment and based on the unrounded amount

for the preceding 12-month period.

(II) July 1, 1999, and thereafter. - On July 1, 1999, and on

each subsequent July 1, the national average payment rates for

meals and supplements shall be adjusted to the nearest lower

cent increment and shall be based on the unrounded amounts for

the preceding 12-month period.

(b) Financing cost of free and reduced price lunches on basis of

need of school for special assistance; maximum per lunch amount

Except as provided in section 10 of the Child Nutrition Act of

1966 [42 U.S.C. 1779], the special assistance payments made to each

State agency during each fiscal year under the provisions of this

section shall be used by such State agency to assist schools of

that State in providing free and reduced price lunches served to

children pursuant to section 1758(b) of this title. The amount of

such special assistance funds that a school shall from time to time

receive, within a maximum per lunch amount established by the

Secretary for all States, shall be based on the need of the school

for such special assistance. Such maximum per lunch amount

established by the Secretary shall not be less than 60 cents.

Special assistance payments to any State under this section shall

be made as provided in the last sentence of section 1756 of this

title.

(d) Report of school to State educational agency, contents; report

of State educational agency to Secretary, contents

(1) The Secretary, when appropriate, may request each school

participating in the school lunch program under this chapter to

report monthly to the State educational agency the average number

of children in the school who received free lunches and the average

number of children who received reduced price lunches during the

immediately preceding month.

(2) On request of the Secretary, the State educational agency of

each State shall report to the Secretary the average number of

children in the State who received free lunches and the average

number of children in the State who received reduced price lunches

during the immediately preceding month.

(e) Eligibility of commodity only schools for special assistance

payments; free and reduced price meals; discrimination and

identification prohibited

Commodity only schools shall also be eligible for special

assistance payments under this section. Such schools shall serve

meals free to children who meet the eligibility requirements for

free meals under section 1758(b) of this title, and shall serve

meals at a reduced price, not exceeding the price specified in

section 1758(b)(3) of this title, to children meeting the

eligibility requirements for reduced price meals under such

section. No physical segregation of, or other discrimination

against, any child eligible for a free or reduced-priced (!1) lunch

shall be made by the school, nor shall there be any overt

identification of any such child by any means.

(f) Information and assistance concerning reimbursement options

(1) In general

From funds made available under paragraph (3), the Secretary

shall provide grants to not more than 10 State agencies in each

of fiscal years 2000 and 2001 to enable the agencies, in

accordance with criteria established by the Secretary, to -

(A) identify separately in a list -

(i) schools that are most likely to benefit from electing

to receive special assistance under subparagraph (C) or (E)

of subsection (a)(1) of this section; and

(ii) schools that may benefit from electing to receive

special assistance under subparagraph (C) or (E) of

subsection (a)(1) of this section;

(B) make the list of schools identified under this subsection

available to each school district within the State and to the

public;

districts containing the schools, to enable the schools to

evaluate and receive special assistance under subparagraph (C)

or (E) of subsection (a)(1) of this section;

(D) take any other actions the Secretary determines are

consistent with receiving special assistance under subparagraph

grant under this subsection; and

(E) as soon as practicable after receipt of the grant, but

not later than September 30, 2003, take the actions described

in subparagraphs (A) through (D).

(2) Report

(A) In general

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 -

(i) not later than January 1, 2003, an interim report on

the activities of the State agencies receiving grants under

this subsection; and

(ii) not later than January 1, 2004, a final report on the

activities of the State agencies receiving grants under this

subsection.

(B) Contents

In the reports, the Secretary shall specify -

(i) the number of schools identified as likely to benefit

from electing to receive special assistance under

subparagraph (C) or (E) of subsection (a)(1) of this section;

(ii) the number of schools identified under this subsection

that have elected to receive special assistance under

subparagraph (C) or (E) of subsection (a)(1) of this section;

and

(iii) a description of how the funds and technical

assistance made available under this subsection have been

used.

(3) Funding

Out of any moneys in the Treasury not otherwise appropriated,

the Secretary of the Treasury shall provide to the Secretary

$2,250,000 for each of fiscal years 2000 and 2001 to carry out

this subsection. The Secretary shall be entitled to receive the

funds and shall accept the funds, without further appropriation.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 11, as added Pub. L. 87-823, Sec. 6,

Oct. 15, 1962, 76 Stat. 946; amended Pub. L. 91-248, Sec. 7, May

14, 1970, 84 Stat. 211; Pub. L. 92-153, Sec. 4, Nov. 5, 1971, 85

Stat. 420; Pub. L. 93-150, Sec. 3(a), Nov. 7, 1973, 87 Stat. 561;

Pub. L. 94-105, Sec. 8, Oct. 7, 1975, 89 Stat. 514; Pub. L. 95-166,

Sec. 9, Nov. 10, 1977, 91 Stat. 1336; Pub. L. 95-627, Secs. 4,

5(c), Nov. 10, 1978, 92 Stat. 3619, 3620; Pub. L. 96-499, title II,

Sec. 204(a), Dec. 5, 1980, 94 Stat. 2601; Pub. L. 97-35, title

VIII, Secs. 801(b), 812, 813(b), 819(a), Aug. 13, 1981, 95 Stat.

522, 530, 533; Pub. L. 101-147, title II, Sec. 203, title III, Sec.

312(2), (3), Nov. 10, 1989, 103 Stat. 909, 916; Pub. L. 103-448,

title I, Sec. 111, Nov. 2, 1994, 108 Stat. 4706; Pub. L. 104-193,

title VII, Sec. 704(a), (b)(1), (c), Aug. 22, 1996, 110 Stat. 2289,

2290; Pub. L. 105-336, title I, Sec. 103(a), (b)(1), (c)(1), Oct.

31, 1998, 112 Stat. 3145, 3146; Pub. L. 107-76, title VII, Sec.

766, Nov. 28, 2001, 115 Stat. 744.)

-REFTEXT-

REFERENCES IN TEXT

The Child Nutrition Act of 1966, referred to in subsec.

(a)(1)(C)(i)(II), (E)(i)(II), (3)(B)(i), is Pub. L. 89-642, Oct.

11, 1966, 80 Stat. 885, as amended, which is classified generally

to chapter 13A (Sec. 1771 et seq.) of this title. For complete

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

out under section 1771 of this title and Tables.

-MISC1-

AMENDMENTS

2001 - Subsec. (f)(1)(E). Pub. L. 107-76, Sec. 766(1),

substituted "2003" for "2001".

Subsec. (f)(2)(A). Pub. L. 107-76, Sec. 766(2)(A), added subpar.

(A) and struck out heading and text of former subpar. (A). Text

read as follows: "Not later than January 1, 2002, 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 the activities of

the State agencies receiving grants under this subsection."

Subsec. (f)(2)(B). Pub. L. 107-76, Sec. 766(2)(B), substituted

"reports" for "report" in introductory provisions.

1998 - Subsec. (a)(1)(C)(i)(I). Pub. L. 105-336, Sec.

103(a)(1)(A), substituted "4" for "3" before "successive school

years" in two places.

Subsec. (a)(1)(C)(ii), (iii). Pub. L. 105-336, Sec. 103(a)(1)(B),

substituted "4-" for "3-" before "school-year period".

Subsec. (a)(1)(D)(i). Pub. L. 105-336, Sec. 103(a)(2)(A),

substituted "4-" for "3-" before "school-year period" in two places

and "4" for "2" before "school years".

Subsec. (a)(1)(D)(ii). Pub. L. 105-336, Sec. 103(a)(2)(B), struck

out first sentence which read "A school described in clause (i) may

reapply to the State at the end of the 2-school-year period

described in clause (i) for the purpose of continuing to receive

special assistance payments, as determined in accordance with this

paragraph, for a subsequent 5-school-year period.", substituted "A

school described in clause (i)" for "The school", and substituted

"4-" for "5-" before "school-year period" wherever appearing.

Subsec. (a)(1)(D)(iii). Pub. L. 105-336, Sec. 103(a)(2)(C),

substituted "4-" for "5-" before "school-year period".

Subsec. (a)(1)(E)(iii). Pub. L. 105-336, Sec. 103(a)(3), struck

out cl. (iii) which read as follows: "Not later than 1 year after

November 2, 1994, the Secretary shall evaluate the effects of this

subparagraph and notify the Committee on Education and Labor of the

House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate of the results of the

evaluation."

Subsec. (a)(3)(B). Pub. L. 105-336, Sec. 103(b)(1), inserted

subpar. heading, designated first two sentences as cls. (i) and

(ii), respectively, and inserted headings, and designated last

sentence as subcl. (I) of cl. (iii), inserted headings, substituted

"For the period ending June 30, 1999, the adjustments" for "The

adjustments", and added subcl. (II).

Subsec. (f). Pub. L. 105-336, Sec. 103(c)(1), added subsec. (f).

1996 - Subsec. (a)(1)(D)(i). Pub. L. 104-193, Sec. 704(a), struck

out ", on November 2, 1994," after "any school that".

Subsec. (a)(3)(B). Pub. L. 104-193, Sec. 704(b)(1), inserted

before period at end ", except that adjustments to payment rates

for meals and supplements served to individuals not determined to

be eligible for free or reduced price meals and supplements shall

be computed to the nearest lower cent increment and based on the

unrounded amount for the preceding 12-month period".

Subsec. (d). Pub. L. 104-193, Sec. 704(c)(1), (3) redesignated

subsec. (e) as (d) and struck out former subsec. (d) which read as

follows: "In carrying out this section, the terms and conditions

governing the operation of the school lunch program set forth in

other sections of this chapter, including those applicable to funds

apportioned or paid pursuant to section 1753 of this title but

excluding the provisions of section 1756 of this title relating to

matching, shall be applicable to the extent they are not

inconsistent with the express requirements of this section."

Subsec. (e). Pub. L. 104-193, Sec. 704(c)(3), redesignated

subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (e)(2). Pub. L. 104-193, Sec. 704(c)(2), substituted "On

request of the Secretary, the State educational agency" for "The

State educational agency" and struck out "each month" after "report

to the Secretary".

Subsec. (f). Pub. L. 104-193, Sec. 704(c)(3), redesignated

subsec. (f) as (e).

1994 - Subsec. (a)(1). Pub. L. 103-448 designated first sentence

as subpar. (A) and second sentence as subpar. (B), substituted

"Except as provided in subparagraph (C), (D), or (E), in the case

of" for "In the case of" in subpar. (B), added subpars. (C) to (E),

and struck out at end "In the case of any school that (A) elects to

serve all children in that school free lunches under the school

lunch program during any period of three successive school years

and (B) pays, from sources other than Federal funds, for the costs

of serving such lunches which are in excess of the value of

assistance received under this chapter with respect to the number

of lunches served during that period, special assistance payments

shall be paid to the State educational agency with respect to that

school during that period on the basis of the number of lunches

determined under the succeeding sentence. For purposes of making

special assistance payments in accordance with the preceding

sentence, the number of lunches served by a school to children

eligible for free lunches and reduced price lunches during each

school year of the three-school-year period shall be deemed to be

the number of lunches served by that school to children eligible

for free lunches and reduced price lunches during the first school

year of such period, unless that school elects, for purposes of

computing the amount of such payments, to determine on a more

frequent basis the number of children eligible for free and reduced

price lunches who are served lunches during such period."

1989 - Subsecs. (a), (b). Pub. L. 101-147, Sec. 312(2), (3),

substituted "reduced price" for "reduced-price" and "special

assistance" for "special-assistance" wherever appearing in pars.

(1) and (2) of subsec. (a) and first sentence of subsec. (b).

Subsec. (e)(1). Pub. L. 101-147, Sec. 203, substituted "The

Secretary, when appropriate, may request each school participating

in the school lunch program under this chapter to report monthly to

the State educational agency" for "Each school participating in the

school lunch program under this chapter shall report each month to

its State educational agency".

Subsec. (f). Pub. L. 101-147, Sec. 312(2), (3), substituted

"reduced price" for "reduced-price" and "special assistance" for

"special-assistance".

1981 - Subsec. (a). Pub. L. 97-35, Sec. 801(b), redesignated

existing provisions as par. (1), substituted "(A)" for "(1)" and

"(B)" for "(2)", and struck out provisions relating to special

assistance factors, adjustments, etc., for funds for the fiscal

year beginning July 1, 1973, and after, and added pars. (2) and

(3).

Subsec. (b). Pub. L. 97-35, Sec. 819(a)(1), struck out "financing

the cost of" before "providing free".

Subsec. (d). Pub. L. 97-35, Sec. 819(a)(2), struck out reference

to section 1754 of this title.

Subsec. (e). Pub. L. 97-35, Sec. 812, struck out par. (1) which

related to submission of State plan for child nutrition operations.

Former pars. (2) and (3) were redesignated as (1) and (2),

respectively, and in such pars. as so redesignated, struck out

requirement respecting estimation of eligible children by

participating State.

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

1980 - Subsec. (a). Pub. L. 96-499 struck out provision that if

in any State all schools charged students a uniform price for

reduced-price lunches, and such price was less than twenty cents,

the special assistance factor prescribed for reduced-price lunches

in such State was to be equal to the special assistance factor for

free lunches reduced by either ten cents or the price charged for

reduced-price lunches in such State, whichever was greater.

1978 - Subsec. (a). Pub. L. 95-627 substituted "20 cents" for "10

cents" after "which shall be", inserted "for All Urban Consumers"

after "Consumer Price Index", and inserted provision relating to

the special assistance factor prescribed for reduced-price lunches

in any State in which all schools charge students a uniform price

for lunches.

1977 - Subsec. (a). Pub. L. 95-166 provided for

special-assistance payments to the State educational agency where

80 percent of children in attendance during the school year are

eligible for free lunches or reduced-price lunches and for

determination of number of lunches served to children eligible for

free lunches and reduced-price lunches where the school serves all

students, eligible and noneligible, and funds for noneligible

students are from other than Federal funds.

1975 - Subsec. (e)(1). Pub. L. 94-105 substituted "Each year by

not later than a date specified by the Secretary" for "Not later

than January 1 of each year", and "following school year" for

"following fiscal year".

1973 - Subsec. (a). Pub. L. 93-150 added subsec. (a) and struck

out former subsec. (a) provisions relating to appropriations

authorization for fiscal year ending June 30, 1971, and succeeding

fiscal years of such sums as may be necessary to provide special

assistance to assure access to the school lunch program under this

chapter by children of low-income families.

Subsec. (b). Pub. L. 93-150 added subsec. (b) and struck out

former subsec. (b) provisions relating to formula for apportionment

of funds and need for additional funds.

Subsec. (c). Pub. L. 93-150 redesignated subsec. (d) as (c),

substituted "Special assistance payments to any State" for "Payment

of the funds apportioned to any State", and struck out former

subsec. (c) provisions relating to basis for apportionment among

States and need for additional funds.

Subsec. (d). Pub. L. 93-150 redesignated subsec. (g) as (d).

Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 93-150 redesignated subsec. (h) as (e)

struck out former subsec. (e) provisions relating to State

disbursement to schools for financing operating costs of the school

lunch program and basis for determination of amount of funds.

Subject matter was covered by subsecs. (a) and (b) of this section.

Subsec. (f). Pub. L. 93-150 struck out subsec. (f) provisions

relating to withholding of funds from State educational agencies

not permitted to disburse funds to nonprofit private schools and

direct disbursement to nonprofit private schools, and conditions

thereof.

Subsecs. (g), (h). Pub. L. 93-150 redesignated subsecs. (g) and

(h) as (d) and (e), respectively.

1971 - Subsec. (e). Pub. L. 92-153 established a reimbursement

rate as amount of funds to be disbursed to schools in a State,

provided for receipt of a greater amount or reimbursement per meal

if the school established financial inability to support service of

meals, and prescribed maximum per meal amount and higher maximum

per meal amount for especially needy schools.

1970 - Subsec. (a). Pub. L. 91-248 authorized for fiscal year

ending June 30, 1971, and for each succeeding fiscal year such sums

as may be necessary to provide assistance to assure access to

school lunch program by children of low-income families.

Subsec. (b). Pub. L. 91-248 substituted formula for apportionment

of funds among Puerto Rico, the Virgin Islands, Guam, and American

Samoa based on the ratio of the number of children aged three to

seventeen, inclusive, in such State as compared to the total number

of such children in all such States, for a ratio based on the

number of free or reduced price lunches served in the preceding

fiscal year in such State as compared to the number of such lunches

served in all such States in the preceding fiscal year.

Subsec. (c). Pub. L. 91-248 struck out provision requiring that

not less than 50 percent of the remaining sums appropriated be

apportioned among the States other than Puerto Rico, the Virgin

Islands, Guam, and American Samoa, substituted formula for

apportionment of special assistance funds among the States based on

the total number of children aged three to seventeen, inclusive, in

households with incomes of less than $4,000 per annum, for a

formula based on the number of free or reduced price lunches served

in the preceding fiscal year and the assistance need rate, and

provided that further apportionment be made on the same basis as

the initial apportionment to any State which justifies the need for

additional funds.

Subsec. (e). Pub. L. 91-248 substituted provision requiring that

funds disbursed by the State be used to assist schools in financing

all or part of the operating costs of the school lunch program, for

requirement that disbursed funds be used to assist schools in the

purchase of agricultural commodities and other foods, struck out

provision relating to the selection of schools to receive funds,

and substituted as a basis for determination of the amount of funds

to go to each school the need of that school for assistance in

meeting the requirements of section 1758 of this title, for such

factors as economic condition of area from which school draws

attendance, the percentages of free and reduced price lunches being

served in such schools, the price of lunches in such schools

compared with the average prevailing price of lunches served in the

State under this chapter and the need of such schools for

assistance as reflected by the financial position of the school's

lunch programs.

Subsec. (f). Pub. L. 91-248 substituted "in the fiscal year

beginning two years immediately prior to the fiscal year for which

the funds are appropriated" for "in the preceding fiscal year".

Subsec. (h). Pub. L. 91-248 added subsec. (h).

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

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

become effective on July 1, 1997."

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 section 801 of Pub. L. 97-35 effective Sept. 1,

1981, amendment by sections 812 and 819 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)(1)(A),

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

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by sections 4 and 5(c) of Pub. L. 95-627 effective Jan.

1, 1979, and July 1, 1979, respectively, see section 14 of Pub. L.

95-627, set out as a note under section 1755 of this title.

SEMIANNUAL ADJUSTMENTS REFLECTING THE CONSUMER PRICE INDEX FOR ALL

URBAN CONSUMERS DURING FISCAL YEAR ENDING SEPTEMBER 30, 1981

Section 204(b) of Pub. L. 96-499 related to annual and semiannual

adjustments required under the former sixth sentence of subsec. (a)

of this section during the fiscal year ending Sept. 30, 1981.

ADDITIONAL FUNDS FOR FOOD SERVICE PROGRAMS FOR CHILDREN;

APPORTIONMENT TO STATES SPECIAL ASSISTANCE; CONSULTATION WITH CHILD

NUTRITION COUNCIL; REIMBURSEMENT FROM SUPPLEMENTAL APPROPRIATION

Additional funds for food service programs for children from

appropriations under section 612(c) of Title 7, Agriculture,

apportionment to States, special assistance programs, consultation

with National Advisory Council on Child Nutrition, and

reimbursement from supplemental appropriation, see section 1 of

Pub. L. 92-153, set out as a note under section 1753 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1753, 1755, 1756, 1757,

1760, 1766, 1766a, 1769, 1773, 1776 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "reduced price".

-End-

-CITE-

42 USC Sec. 1760 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1760. Miscellaneous provisions

-STATUTE-

(a) Accounts and records

States, State educational agencies, and schools participating in

the school lunch program under this chapter shall keep such

accounts and records as may be necessary to enable the Secretary to

determine whether the provisions of this chapter are being complied

with. 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 is necessary.

(b) Agreements with State educational agencies

The Secretary shall incorporate, in the Secretary's agreements

with the State educational agencies, the express requirements under

this chapter with respect to the operation of the school lunch

program under this chapter insofar as they may be applicable and

such other provisions as in the Secretary's opinion are reasonably

necessary or appropriate to effectuate the purposes of this

chapter.

instruction, etc.

In carrying out the provisions of this chapter, the Secretary

shall not impose any requirement with respect to teaching

personnel, curriculum, instruction, methods of instruction, and

materials of instruction in any school.

(d) Definitions

For the purposes of this chapter -

(1) Child. -

(A) In general. - The term "child" includes an individual,

regardless of age, who -

(i) is determined by a State educational agency, in

accordance with regulations prescribed by the Secretary, to

have one or more disabilities; and

(ii) is attending any institution, as defined in section

1766(a) of this title, or 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.

(B) Relationship to child and adult care food program. - No

institution that is not otherwise eligible to participate in

the program under section 1766 of this title shall be

considered eligible because of this paragraph.

(2) "Commodity only schools" means schools that do not

participate in the school lunch program under this chapter, but

which receive commodities made available by the Secretary for use

by such schools in nonprofit lunch programs.

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

of high school grade or under, 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 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) "School year" means the annual period from July 1 through

June 30.

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

(6) "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.

(7) "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.

(8) 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.).

(e) Value of assistance as income or resources under Federal or

State laws

The value of assistance to children under this chapter shall not

be considered to be income or resources for any purposes under any

Federal or State laws, including laws relating to taxation and

welfare and public assistance programs.

(f) Adjustment of national average payment rate for Alaska, Hawaii,

territories and possessions, etc.

In providing assistance for breakfasts, lunches, suppers, and

supplements served in Alaska, Hawaii, Guam, American Samoa, Puerto

Rico, the Virgin Islands of the United States, and the Commonwealth

of the Northern Mariana Islands, the Secretary may establish

appropriate adjustments for each such State to the national average

payment rates prescribed under sections 1753, 1759a, 1761, and 1766

of this title and section 4 of the Child Nutrition Act of 1966 [42

U.S.C. 1773], to reflect the differences between the costs of

providing meals and supplements in those States and the costs of

providing meals and supplements in all other States.

(g) Criminal penalties

Whoever embezzles, willfully misapplies, steals, or obtains by

fraud any funds, assets, or property that are the subject of a

grant or other form of assistance under this chapter or the Child

Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], whether received

directly or indirectly from the United States Department of

Agriculture, or whoever receives, conceals, or retains such funds,

assets, or property to personal use or gain, knowing such funds,

assets, or property have been embezzled, willfully misapplied,

stolen, or obtained by fraud shall, if such funds, assets, or

property are of the value of $100 or more, be fined not more than

$25,000 or imprisoned not more than five years, or both, or, if

such funds, assets, or property are of a value of less than $100,

shall be fined not more than $1,000 or imprisoned for not more than

one year, or both.

(h) Combined allocation for breakfast and lunch

No provision of this chapter or of the Child Nutrition Act of

1966 [42 U.S.C. 1771 et seq.] shall require any school receiving

funds under this chapter and the Child Nutrition Act of 1966 to

account separately for the cost incurred in the school lunch and

school breakfast programs.

(i) Use of school lunch facilities for elderly programs

Facilities, equipment, and personnel provided to a school food

authority for a program authorized under this chapter or the Child

Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] may be used, as

determined by a local educational agency, to support a nonprofit

nutrition program for the elderly, including a program funded under

the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.].

(j) Reimbursement for final claims

(1) Except as provided in paragraph (2), the Secretary may

provide reimbursements for final claims for service of meals,

supplements, and milk submitted to State agencies by eligible

schools, summer camps, family day care homes, institutions, and

service institutions only if -

(A) the claims have been submitted to the State agencies not

later than 60 days after the last day of the month for which the

reimbursement is claimed; and

(B) the final program operations report for the month is

submitted to the Secretary not later than 90 days after the last

day of the month.

(2) The Secretary may waive the requirements of paragraph (1) at

the discretion of the Secretary.

(k) Expedited rulemaking

(1) Not later than June 1, 1995, the Secretary shall issue final

regulations to conform the nutritional requirements of the school

lunch and breakfast programs with the guidelines contained in the

most recent "Dietary Guidelines for Americans" that is published

under section 5341 of title 7. The final regulations shall include

(A) rules permitting the use of food-based menu systems; and

(B) adjustments to the rule on nutrition objectives for school

meals published in the Federal Register on June 10, 1994 (59 Fed.

Reg. 30218).

(2) No school food service authority shall be required to

implement final regulations issued pursuant to this subsection

until the regulations have been final for at least 1 year.

(l) Waiver of statutory and regulatory requirements

(1)(A) Except as provided in paragraph (4), the Secretary may

waive any requirement under this chapter or the Child Nutrition Act

of 1966 (42 U.S.C. 1771 et seq.), or any regulation issued under

either this chapter or such Act, for a State or eligible service

provider that requests a waiver if -

(i) the Secretary determines that the waiver of the requirement

would facilitate the ability of the State or eligible service

provider to carry out the purpose of the program;

(ii) the State or eligible service provider has provided notice

and information to the public regarding the proposed waiver; and

(iii) the State or eligible service provider demonstrates to

the satisfaction of the Secretary that the waiver will not

increase the overall cost of the program to the Federal

Government, and, if the waiver does increase the overall cost to

the Federal Government, the cost will be paid from non-Federal

funds.

(B) The notice and information referred to in subparagraph

(A)(ii) shall be provided in the same manner in which the State or

eligible service provider customarily provides similar notices and

information to the public.

(2)(A) To request a waiver under paragraph (1), a State or

eligible service provider (through the appropriate administering

State agency) shall submit an application to the Secretary that -

(i) identifies the statutory or regulatory requirements that

are requested to be waived;

(ii) in the case of a State requesting a waiver, describes

actions, if any, that the State has undertaken to remove State

statutory or regulatory barriers;

(iii) describes the goal of the waiver to improve services

under the program and the expected outcomes if the waiver is

granted; and

(iv) includes a description of the impediments to the efficient

operation and administration of the program.

(B) An application described in subparagraph (A) shall be

developed by the State or eligible service provider and shall be

submitted to the Secretary by the State.

(3) The Secretary shall act promptly on a waiver request

contained in an application submitted under paragraph (2) and shall

either grant or deny the request. The Secretary shall state in

writing the reasons for granting or denying the request.

(4) The Secretary may not grant a waiver under this subsection

that increases Federal costs or that relates to -

(A) the nutritional content of meals served;

(B) Federal reimbursement rates;

(D) limits on the price charged for a reduced price meal;

(E) maintenance of effort;

(F) equitable participation of children in private schools;

(G) distribution of funds to State and local school food

service authorities and service institutions participating in a

program under this chapter and the Child Nutrition Act of 1966

(42 U.S.C. 1771 et seq.);

(H) the disclosure of information relating to students

receiving free or reduced price meals and other recipients of

benefits;

(I) prohibiting the operation of a profit producing program;

(J) the sale of competitive foods;

(K) the commodity distribution program under section 1762a of

this title;

(L) the special supplemental nutrition program authorized under

section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);

(M) enforcement of any constitutional or statutory right of an

individual, including any right under -

(i) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d

et seq.);

(ii) section 504 of the Rehabilitation Act of 1973 (29 U.S.C.

794);

(iii) title IX of the Education Amendments of 1972 (20 U.S.C.

1681 et seq.);

(iv) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et

seq.);

(v) the Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.); and

(vi) the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.).

(5) The Secretary shall periodically review the performance of

any State or eligible service provider for which the Secretary has

granted a waiver under this subsection and shall terminate the

waiver if the performance of the State or service provider has been

inadequate to justify a continuation of the waiver. The Secretary

shall terminate the waiver if, after periodic review, the Secretary

determines that the waiver has resulted in an increase in the

overall cost of the program to the Federal Government and the

increase has not been paid for in accordance with paragraph

(1)(A)(iii).

(6) The Secretary shall annually submit to the Committee on

Education and Labor of the House of Representatives and the

Committee on Agriculture, Nutrition, and Forestry of the Senate, a

report -

(A) summarizing the use of waivers by the State and eligible

service providers;

(B) describing whether the waivers resulted in improved

services to children;

nutritional meals to participants; and

(D) describing how the waivers reduced the quantity of

paperwork necessary to administer the program.

(7) As used in this subsection, the term "eligible service

provider" means -

(A) a local school food service authority;

(B) a service institution or private nonprofit organization

described in section 1761 of this title; or

described in section 1766 of this title.

(m) Food and nutrition projects

(1) The Secretary, acting through the Administrator of the Food

and Nutrition Service or through the Extension Service, shall award

on an annual basis grants to a private nonprofit organization or

educational institution in each of 3 States to create, operate, and

demonstrate food and nutrition projects that are fully integrated

with elementary school curricula.

(2) Each organization or institution referred to in paragraph (1)

shall be selected by the Secretary and shall -

(A) assist local schools and educators in offering food and

nutrition education that integrates math, science, and verbal

skills in the elementary grades;

(B) assist local schools and educators in teaching agricultural

practices through practical applications, like gardening;

educational programs;

(D) be experienced in assisting in the creation of

curriculum-based models in elementary schools;

(E) be sponsored by an organization or institution, or be an

organization or institution, that provides information, or

conducts other educational efforts, concerning the success and

productivity of American agriculture and the importance of the

free enterprise system to the quality of life in the United

States; and

(F) be able to provide model curricula, examples, advice, and

guidance to schools, community groups, States, and local

organizations regarding means of carrying out similar projects.

(3) Subject to the availability of appropriations to carry out

this subsection, the Secretary shall make grants to each of the 3

private organizations or institutions selected under this

subsection in amounts of not less than $100,000, nor more than

$200,000, for each of fiscal years 1995 through 2003.

(4) The Secretary shall establish fair and reasonable auditing

procedures regarding the expenditure of funds under this

subsection.

(5) There are authorized to be appropriated to carry out this

subsection such sums as are necessary for each of fiscal years 1995

through 2003.

(n) Buy American

(1) Definition of domestic commodity or product

In this subsection, the term "domestic commodity or product"

means -

(A) an agricultural commodity that is produced in the United

States; and

(B) a food product that is processed in the United States

substantially using agricultural commodities that are produced

in the United States.

(2) Requirement

(A) In general

Subject to subparagraph (B), the Secretary shall require that

a school food authority purchase, to the maximum extent

practicable, domestic commodities or products.

(B) Limitations

Subparagraph (A) shall apply only to -

(i) a school food authority located in the contiguous

United States; and

(ii) a purchase of a domestic commodity or product for the

school lunch program under this chapter or the school

breakfast program under section 4 of the Child Nutrition Act

of 1966 (42 U.S.C. 1773).

(3) Applicability to Hawaii

Paragraph (2)(A) shall apply to a school food authority in

Hawaii with respect to domestic commodities or products that are

produced in Hawaii in sufficient quantities to meet the needs of

meals provided under the school lunch program under this chapter

or the school breakfast program under section 4 of the Child

Nutrition Act of 1966 (42 U.S.C. 1773).

(4) Applicability to Puerto Rico

Paragraph (2)(A) shall apply to a school food authority in the

Commonwealth of Puerto Rico with respect to domestic commodities

or products that are produced in the Commonwealth of Puerto Rico

in sufficient quantities to meet the needs of meals provided

under the school lunch program under this chapter or the school

breakfast program under section 4 of the Child Nutrition Act of

1966 (42 U.S.C. 1773).

(o) Procurement contracts

In acquiring a good or service for programs under this chapter or

the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other

than section 17 of that Act (42 U.S.C. 1786)), a State, State

agency, school, or school food authority may enter into a contract

with a person that has provided specification information to the

State, State agency, school, or school food authority for use in

developing contract specifications for acquiring such good or

service.

(p) Grant for demonstration project

(1) Use of funds for WIC demonstration project

(A) In general

The Secretary shall make grants of funds under this

subsection to a State -

(i) for purposes that include carrying out the

demonstration project under section 17(r) of the Child

Nutrition Act of 1966 (42 U.S.C. 1786(r)); and

(ii) for the purpose described in clause (i), in amounts

not to exceed $10,000 for each fiscal year for each site in

the State.

(B) Apportionment

A State that receives a grant under subparagraph (A) shall

apportion the funds received to ensure that each site in the

State receives not more than $10,000 for any fiscal year.

(2) Evaluations of demonstration project

The Secretary shall conduct an evaluation of the demonstration

project and grant program for identification and enrollment

efforts funded under this subsection that include a determination

of -

(A) the number of children enrolled as a result of the

enactment of this subsection;

(B) the income levels of the families of enrolled children;

services provided under the project or grant program;

(D) the effect on the caseloads of local agencies that carry

out the special supplemental nutrition program for woman,

infants, and children established under section 17 of the Child

Nutrition Act of 1966 (42 U.S.C. 1786); and

(E) such other factors as the Secretary determines to be

appropriate.

(3) Funding

(A) In general

Out of any moneys in the Treasury not otherwise appropriated,

the Secretary of the Treasury shall provide to the Secretary to

carry out this subsection $1,000,000 for the period of fiscal

years 2001 through 2004, to remain available until expended but

not later than September 30, 2004.

(B) Receipt and acceptance

The Secretary shall be entitled to receive the funds and

shall accept the funds provided under subparagraph (A), without

further appropriation.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 12, formerly Sec. 11, 60 Stat. 233;

July 12, 1952, ch. 699, Sec. 1(c), 66 Stat. 591; Pub. L. 87-688,

Sec. 3(a), Sept. 25, 1962, 76 Stat. 587; renumbered Sec. 12 and

amended Pub. L. 87-823, Sec. 5, Oct. 15, 1962, 76 Stat. 945; Pub.

L. 91-248, Sec. 1(b), May 14, 1970, 84 Stat. 208; Pub. L. 94-105,

Sec. 9, Oct. 7, 1975, 89 Stat. 514; Pub. L. 95-166, Secs. 3, 19(c),

Nov. 10, 1977, 91 Stat. 1332, 1345; Pub. L. 95-627, Secs. 6(a),

10(a), (b), Nov. 10, 1978, 92 Stat. 3620, 3623; Pub. L. 96-499,

title II, Sec. 205, Dec. 5, 1980, 94 Stat. 2601; Pub. L. 97-35,

title VIII, Secs. 808(a), 813(d), 819(c), Aug. 13, 1981, 95 Stat.

527, 530, 533; Pub. L. 99-500, title III, Secs. 325(a), 326,

373(a), Oct. 18, 1986, 100 Stat. 1783-361, 1783-369, and Pub. L.

99-591, title III, Secs. 325(a), 326, 373(a), Oct. 30, 1986, 100

Stat. 3341-364, 3341-365, 3341-372; Pub. L. 99-661, div. D, title

II, Secs. 4205(a), 4206, title V, Sec. 4503(a), Nov. 14, 1986, 100

Stat. 4072, 4073, 4081; Pub. L. 100-71, title I, Sec. 101(a), July

11, 1987, 101 Stat. 429; Pub. L. 101-147, title III, Secs. 306,

312(1), Nov. 10, 1989, 103 Stat. 914, 916; Pub. L. 103-448, title

I, Secs. 112(a)(1), (b)-(d), 113, Nov. 2, 1994, 108 Stat.

4708-4712; Pub. L. 104-193, title VII, Secs. 701(b), 705, Aug. 22,

1996, 110 Stat. 2288, 2290; Pub. L. 105-336, title I, Secs. 104,

107(j)(3)(A), Oct. 31, 1998, 112 Stat. 3147, 3153; Pub. L. 106-224,

title II, Sec. 242(b)(3), June 20, 2000, 114 Stat. 412; Pub. L.

107-171, title IV, Sec. 4304, May 13, 2002, 116 Stat. 331.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsec. (d)(8), 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.

The Child Nutrition Act of 1966, referred to in subsecs. (g) to

(i), (l)(1)(A), (4)(G), and (o), is Pub. L. 89-642, Oct. 11, 1966,

80 Stat. 885, as amended, which is classified generally to chapter

13A (Sec. 1771 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1771 of this title and Tables.

The Older Americans Act of 1965, referred to in subsec. (i), is

Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which is

classified generally to chapter 35 (Sec. 3001 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3001 of this title and

Tables.

The Civil Rights Act of 1964, referred to in subsec.

(l)(4)(M)(i), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as

amended. Title VI of the Act is classified generally to subchapter

V (Sec. 2000d et seq.) of chapter 21 of this title. For complete

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

out under section 2000a of this title and Tables.

The Education Amendments of 1972, referred to in subsec.

(l)(4)(M)(iii), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as

amended. Title IX of the Act, known as the Patsy Takemoto Mink

Equal Opportunity in Education Act, is classified principally to

chapter 38 (Sec. 1681 et seq.) of Title 20, Education. For complete

classification of title IX to the Code, see Short Title note set

out under section 1681 of Title 20 and Tables.

The Age Discrimination Act of 1975, referred to in subsec.

(l)(4)(M)(iv), is title III of Pub. L. 94-135, Nov. 28, 1975, 89

Stat. 728, as amended, which is classified generally to chapter 76

(Sec. 6101 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

6101 of this title and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (l)(4)(M)(v), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, 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 Individuals with Disabilities Education Act, referred to in

subsec. (l)(4)(M)(vi), is title VI of Pub. L. 91-230, Apr. 13,

1970, 84 Stat. 175, as amended, which is classified generally to

chapter 33 (Sec. 1400 et seq.) of Title 20, Education. For complete

classification of this Act to the Code, see section 1400 of Title

20 and Tables.

-COD-

CODIFICATION

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

-MISC1-

AMENDMENTS

2002 - Subsec. (n)(4). Pub. L. 107-171 added par. (4).

2000 - Subsec. (p). Pub. L. 106-224 added subsec. (p).

1998 - Subsec. (d)(1)(A)(i), (ii). Pub. L. 105-336, Sec.

107(j)(3)(A)(i), struck out "mental or physical" before

"disabilities".

Subsec. (d)(8). Pub. L. 105-336, Sec. 107(j)(3)(A)(ii), added

par. (8).

Subsec. (f). Pub. L. 105-336, Sec. 104(a), substituted

"breakfasts, lunches, suppers, and supplements" for "school

breakfasts and lunches", substituted "sections 1753, 1759a, 1761,

and 1766" for "sections 1753 and 1759a", and substituted "meals and

supplements" for "lunches and breakfasts" in two places.

Subsec. (g). Pub. L. 105-336, Sec. 104(b), substituted "$25,000"

for "$10,000".

Subsec. (m)(3), (5). Pub. L. 105-336, Sec. 104(c), substituted

"2003" for "1998".

Subsec. (n). Pub. L. 105-336, Sec. 104(d), added subsec. (n).

Subsec. (o). Pub. L. 105-336, Sec. 104(e), added subsec. (o).

1996 - Subsec. (a). Pub. L. 104-193, Sec. 705(a), substituted "be

available at any reasonable time" for "at all times be available".

Subsec. (c). Pub. L. 104-193, Sec. 705(b), substituted "the

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

shall".

Subsec. (d)(1). Pub. L. 104-193, Sec. 705(c)(3), redesignated

par. (9) as (1). Former par. (1) redesignated (6).

Pub. L. 104-193, Sec. 705(c)(1), substituted "the Commonwealth of

the Northern Mariana Islands" for "the Trust Territory of the

Pacific Islands".

Subsec. (d)(2). Pub. L. 104-193, Sec. 705(c)(3), redesignated

par. (7) as (2). Former par. (2) redesignated (7).

Subsec. (d)(3). Pub. L. 104-193, Sec. 705(c)(2), (3),

redesignated par. (5) as (3) and struck out former par. (3) which

read as follows: " 'Participation rate' for a State means a number

equal to the number of lunches, consisting of a combination of

foods and meeting the minimum requirements prescribed by the

Secretary pursuant to section 1758 of this title, served in the

fiscal year beginning two years immediately prior to the fiscal

year for which the Federal funds are appropriated by schools

participating in the program under this chapter in the State, as

determined by the Secretary."

Subsec. (d)(4). Pub. L. 104-193, Sec. 705(c)(2), (3),

redesignated par. (6) as (4) and struck out former par. (4) which

read as follows: " 'Assistance need rate' (A) in the case of any

State having an average annual per capita income equal to or

greater than the average annual per capita income for all the

States, shall be 5; and (B) in the case of any State having an

average annual per capita income less than the average annual per

capita income for all the States, shall be the product of 5 and the

quotient obtained by dividing the average annual per capita income

for all the States by the average annual per capita income for such

State, except that such product may not exceed 9 for any such

State. For the purposes of this paragraph (i) the average annual

per capita income for any State and for all the States shall be

determined by the Secretary on the basis of the average annual per

capita income for each State and for all the States for the three

most recent years for which such data are available and certified

to the Secretary by the Department of Commerce; and (ii) the

average annual per capita income for American Samoa shall be

disregarded in determining the average annual per capita income for

all the States for periods ending before July 1, 1967."

Subsec. (d)(5). Pub. L. 104-193, Sec. 705(c)(3), redesignated

par. (8) as (5). Former par. (5) redesignated (3).

Subsec. (d)(6), (7). Pub. L. 104-193, Sec. 705(c)(3),

redesignated pars. (1) and (2) as (6) and (7), respectively. Former

pars. (6) and (7) redesignated (4) and (2), respectively.

Subsec. (d)(8). Pub. L. 104-193, Sec. 705(c)(3), redesignated

par. (8) as (5).

Subsec. (d)(9). Pub. L. 104-193, Sec. 705(c)(3), redesignated

par. (9) as (1).

Pub. L. 104-193, Sec. 701(b), added par. (9).

Subsec. (f). Pub. L. 104-193, Sec. 705(d), struck out "the Trust

Territory of the Pacific Islands," after "the Virgin Islands of the

United States,".

Subsec. (k)(1). Pub. L. 104-193, Sec. 705(e)(3), substituted

"with the guidelines contained in the most recent 'Dietary

Guidelines for Americans' that is published under section 5341 of

title 7" for "with the Guidelines" in introductory provisions.

Pub. L. 104-193, Sec. 705(e)(1), (2), redesignated par. (3) as

(1) and struck out former par. (1) which read as follows: "Prior to

the publication of final regulations that implement changes that

are intended to bring the meal pattern requirements of the school

lunch and breakfast programs into conformance with the guidelines

contained in the most recent 'Dietary Guidelines for Americans'

that is published under section 5341 of title 7 (referred to in

this subsection as the 'Guidelines'), the Secretary shall issue

proposed regulations permitting the use of food-based menu

systems."

Subsec. (k)(2). Pub. L. 104-193, Sec. 705(e)(1), (2),

redesignated par. (4) as (2) and struck out former par. (2) which

read as follows: "Notwithstanding chapter 5 of title 5, not later

than 45 days after the publication of the proposed regulations

permitting the use of food-based menu systems, the Secretary shall

publish notice in the Federal Register of, and hold, a public

meeting with -

"(A) representatives of affected parties, such as Federal,

State, and local administrators, school food service

administrators, other school food service personnel, parents, and

teachers; and

"(B) organizations representing affected parties, such as

public interest antihunger organizations, doctors specializing in

pediatric nutrition, health and consumer groups, commodity

groups, food manufacturers and vendors, and nutritionists

involved with the implementation and operation of programs under

this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771

et seq.);

to discuss and obtain public comments on the proposed rule."

Subsec. (k)(3), (4). Pub. L. 104-193, Sec. 705(e)(2),

redesignated pars. (3) and (4) as (1) and (2), respectively.

Subsec. (k)(5). Pub. L. 104-193, Sec. 705(e)(1), struck out par.

(5) which read as follows: "The final regulations shall reflect

comments made at each phase of the proposed rulemaking process,

including the public meeting required under paragraph (2)."

Subsec. (l)(2)(A)(iii) to (vii). Pub. L. 104-193, Sec. 705(f)(1),

struck out "and" at end of cl. (iii), substituted period for

semicolon at end of cl. (iv), and struck out cls. (v) to (vii)

which read as follows:

"(v) describes the management goals to be achieved, such as fewer

hours devoted to, or fewer number of personnel involved in, the

administration of the program;

"(vi) provides a timetable for implementing the waiver; and

"(vii) describes the process the State or eligible service

provider will use to monitor the progress in implementing the

waiver, including the process for monitoring the cost implications

of the waiver to the Federal Government."

Subsec. (l)(3). Pub. L. 104-193, Sec. 705(f)(2), designated

subpar. (A) as par. (3) and struck out subpars. (B) to (D) which

read as follows:

"(B) If the Secretary grants a waiver request, the Secretary

shall state in writing the expected outcome of granting the waiver.

"(C) The result of the decision of the Secretary shall be

disseminated by the State or eligible service provider through

normal means of communication.

"(D)(i) Except as provided in clause (ii), a waiver granted by

the Secretary under this subsection shall be for a period not to

exceed 3 years.

"(ii) The Secretary may extend the period if the Secretary

determines that the waiver has been effective in enabling the State

or eligible service provider to carry out the purposes of the

program."

Subsec. (l)(4). Pub. L. 104-193, Sec. 705(f)(3)(A), substituted

"that increases Federal costs or that relates to" for "of any

requirement relating to" in introductory provisions.

Subsec. (l)(4)(D) to (K). Pub. L. 104-193, Sec. 705(f)(3)(B),

(C), redesignated subpars. (E) to (L) as (D) to (K), respectively,

and struck out former subpar. (D) which read as follows: "offer

versus serve provisions;".

Subsec. (l)(4)(L). Pub. L. 104-193, Sec. 705(f)(3)(D),

substituted "or" for "and" at end.

Pub. L. 104-193, Sec. 705(f)(3)(C), redesignated subpar. (M) as

(L). Former subpar. (L) redesignated (K).

Subsec. (l)(4)(M), (N). Pub. L. 104-193, Sec. 705(f)(3)(C),

redesignated subpar. (N) as (M). Former subpar. (M) redesignated

(L).

Subsec. (l)(6). Pub. L. 104-193, Sec. 705(f)(4), struck out

subpar. (A) and designation of subpar. (B) and redesignated cls.

(i) to (iv) of former subpar. (B) as subpars. (A) to (D). Prior to

amendment, subpar. (A) read as follows:

"(A)(i) An eligible service provider that receives a waiver under

this subsection shall annually submit to the State a report that -

"(I) describes the use of the waiver by the eligible service

provider; and

"(II) evaluates how the waiver contributed to improved services

to children served by the program for which the waiver was

requested.

"(ii) The State shall annually submit to the Secretary a report

that summarizes all reports received by the State from eligible

service providers."

1994 - Subsec. (d)(5). Pub. L. 103-448, Sec. 112(a)(1), in first

sentence struck out cl. (C) which read as follows: "with respect to

the Commonwealth of Puerto Rico, nonprofit child care centers

certified as such by the Governor of Puerto Rico" and in second

sentence struck out "of clauses (A) and (B)" after "For purposes".

Subsecs. (j) to (m). Pub. L. 103-448, Secs. 112(b)-(d), 113,

added subsecs. (j) to (m).

1989 - Subsec. (a). Pub. L. 101-147, Sec. 312(1), substituted

"school lunch" for "school-lunch".

Subsec. (b). Pub. L. 101-147, Secs. 306(b)(1), 312(1),

substituted "the Secretary's" for "his" in two places and "school

lunch" for "school-lunch".

Subsec. (d)(5). Pub. L. 101-147, Sec. 306(b)(2), 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.

Subsec. (d)(8). Pub. L. 101-147, Sec. 306(a)(1), amended par.

(8), as amended identically by Pub. L. 99-500 and 99-591, Sec.

373(a), and Pub. L. 99-661, Sec. 4503(a), 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. (g). Pub. L. 101-147, Sec. 306(b)(3), substituted

"personal" for "his" before "use".

Subsec. (i). Pub. L. 101-147, Sec. 306(b)(4), struck out "(42

U.S.C. 1771 et seq.)" after "Child Nutrition Act of 1966" and "(42

U.S.C. 3001 et seq.)" after "Older Americans Act of 1965".

Pub. L. 101-147, Sec. 306(a)(2), amended subsec. (i), as amended

identically by Pub. L. 99-500 and 99-591, Sec. 326, and Pub. L.

99-661, Sec. 4206, 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.

1987 - Subsec. (d)(5). Pub. L. 100-71 amended par. (5) generally.

Prior to amendment, par. (5) read as follows: " 'School' means (A)

any public or nonprofit private school of high school grade or

under, (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 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. 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. (d)(5). Pub. L. 99-661, Sec. 4205(a)(2), inserted

"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."

Subsec. (d)(5)(A). Pub. L. 99-500 and Pub. L. 99-591, Sec.

325(a), which directed the amendment of subpar. (A) by striking out

"except private schools whose average yearly tuition exceeds $1,500

per child," after "grade or under," was executed by striking out

"except private schools whose average yearly tuition exceeds $2,000

per child," after "grade or under," to reflect the probable intent

of Congress and the intervening amendment of subpar. (A) by Pub. L.

99-661, Sec. 4205(a)(1). See below.

Pub. L. 99-661, Sec. 4205(a)(1), substituted "$2,000" for

"$1,500".

Subsec. (d)(8). Pub. L. 99-500 and Pub. L. 99-591, Sec. 373(a),

and Pub. L. 99-661, Sec. 4503(a), amended subsec. (d) identically,

adding par. (8).

Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, Sec. 326, and

Pub. L. 99-661, Sec. 4206, amended section identically, adding

subsec. (i).

1981 - Subsec. (d). Pub. L. 97-35, Sec. 819(c)(1), struck out

par. (3) which defined "food service equipment assistance", and

redesignated pars. (4) to (8) as (3) to (7), respectively.

Pub. L. 97-35, Sec. 808(a), inserted reference to private schools

in par. (6).

Pub. L. 97-35, Sec. 813(d), added par. (8).

Subsec. (h). Pub. L. 97-35, Sec. 819(c)(2), struck out provisions

relating to net cost of operating limitation.

1980 - Subsec. (d)(6). Pub. L. 96-499 inserted ", but excluding

Job Corps Centers funded by the Department of Labor".

1978 - Subsec. (d)(7). Pub. L. 95-627, Sec. 10(b), substituted

"from July 1 through June 30" for "determined in accordance with

regulations issued by the Secretary".

Subsecs. (f), (g). Pub. L. 95-627, Sec. 10(a), added subsecs. (f)

and (g).

Subsec. (h). Pub. L. 95-627, Sec. 6(a), added subsec. (h).

1977 - Subsec. (d)(3). Pub. L. 95-166, Sec. 3, substituted "food

service equipment assistance" for "nonfood assistance".

Subsec. (d)(7). Pub. L. 95-166, Sec. 19(c), added par. (7).

1975 - Subsec. (d)(1). Pub. L. 94-105, Sec. 9(b), inserted

reference to Trust Territory of the Pacific Islands.

Subsec. (d)(3) to (7). Pub. L. 94-105, Sec. 9(a), (c), struck out

par. (3) defining "Nonprofit private schools", redesignated pars.

(4) to (7) as (3) to (6), respectively, and in par. (6), as so

redesignated, expanded definition of "school" to include any public

or licensed nonprofit private residential child care institution,

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

mentally retarded, and inserted provision defining "nonprofit" as

any school or institution exempt under section 501(c)(3) of title

26.

Subsec. (e). Pub. L. 94-105, Sec. 9(d), added subsec. (e).

1970 - Subsec. (d)(5). Pub. L. 91-248 provided that data upon

which State apportionments are calculated is program year completed

two years immediately prior to fiscal year for which appropriation

is requested.

1962 - Subsec. (c). Pub. L. 87-823 struck out requirement of just

and equitable distribution of funds in States maintaining separate

schools for minority and majority races.

Subsec. (d). Pub. L. 87-823 redefined "State" in par. (1) to

recognize Hawaiian and Alaskan statehood and to include American

Samoa; "State educational agency" in par. (2) to exclude an

exception applicable to the District of Columbia and language which

was effective by its terms only through June 30, 1948; "nonprofit

private school" in par. (3), substituting "section 501(c)(3) of

title 26" for "section 101(6) of title 26"; and "nonfood

assistance" in par. (4), substituting "used by schools" for "used

on school premises"; and added pars. (5) to (7).

Pub. L. 87-688 inserted "American Samoa," after "Guam".

1952 - Subsec. (d)(1). Act July 12, 1952, included Guam within

definition of State.

-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

Amendment by Pub. L. 107-171 effective Oct. 1, 2002, except as

otherwise provided, see section 4405 of Pub. L. 107-171, set out as

an Effective Date note under section 1161 of Title 2, The Congress.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by 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.

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

Section 112(a)(2) of Pub. L. 103-448 provided that: "The

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

become effective on October 1, 1995."

Amendment by sections 112(b)-(d) and 113 of 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 1987 AMENDMENT

Section 101(c) of Pub. L. 100-71 provided that: "The amendments

made by subsections (a) and (b) [amending sections 1760 and 1784 of

this title] shall take effect on July 1, 1987."

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 4205(c) of Pub. L. 99-661 provided that:

"(1) The amendments made by subsections (a)(1) and (b)(1)

[amending sections 1760 and 1784 of this title] shall apply for the

fiscal year beginning on October 1, 1986, and each school year

thereafter.

"(2) The amendments made by subsections (a)(2) and (b)(2)

[amending sections 1760 and 1784 of this title] shall apply for the

school year beginning on July 1, 1988, and each school year

thereafter."

Section 325(c) of Pub. L. 99-500 and Pub. L. 99-591 provided

that: "The amendments made by this section [amending sections 1760

and 1784 of this title] shall take effect July 1, 1987."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by sections 808 and 819 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 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 19 of Pub. L. 95-166 provided that the amendment made by

that section is effective July 1, 1977.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-688 applicable only with respect to funds

appropriated after Sept. 25, 1962, see section 3(b) of Pub. L.

87-688, set out as a note under section 1753 of this title.

EFFECTIVE DATE OF 1952 AMENDMENT

Amendment by act July 12, 1952, effective only with respect to

funds appropriated after July 12, 1952, see section 1(d) of act

July 12, 1952, set out as a note under section 1753 of this title.

STUDY OF COST ACCOUNTING REQUIREMENTS

Section 21 of Pub. L. 94-105 prohibited Secretary from delaying

or withholding or causing any State to delay or withhold payments

for reimbursement of per-meal costs on basis of noncompliance with

cost accounting procedures until requirements of subsec. (b) of

this section have been met, and called for a study by Secretary of

additional personnel and training needs of States, school

districts, and schools resulting from requirement of full cost

accounting procedures, such report with recommendations to be

submitted to appropriate committees of Congress within one year

after Oct. 7, 1975.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1766, 1766a, 1786 of this

title.

-End-

-CITE-

42 USC Sec. 1761 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1761. Summer food service programs for children in service

institutions

-STATUTE-

(a) Assistance to States; definitions; facilities to be used;

eligible service institutions; order of priority in

participation; assistance to rural area eligible service

institutions to participate in the programs; reimbursement of

camps, limitations, local, municipal and county institutions to

be run by government; eligible private nonprofit organizations

(1) The Secretary is authorized to carry out a program to assist

States, through grants-in-aid and other means, to initiate and

maintain nonprofit food service programs for children in service

institutions. For purposes of this section, (A) "program" means the

summer food service program for children authorized by this

section; (B) "service institutions" means public or private

nonprofit school food authorities, local, municipal, or county

governments, public or private nonprofit higher education

institutions participating in the National Youth Sports

Program,,(!1) and residential public or private nonprofit summer

camps, that develop special summer or school vacation programs

providing food service similar to that made available to children

during the school year under the school lunch program under this

chapter or the school breakfast program under the Child Nutrition

Act of 1966 [42 U.S.C. 1771 et seq.]; (C) "areas in which poor

economic conditions exist" means areas in which at least 50 percent

of the children are eligible for free or reduced price school meals

under this chapter and the Child Nutrition Act of 1966, as

determined by information provided from departments of welfare,

zoning commissions, census tracts, by the number of free and

reduced price lunches or breakfasts served to children attending

public and nonprofit private schools located in the area of program

food service sites, or from other appropriate sources, including

statements of eligibility based upon income for children enrolled

in the program; (D) "children" means individuals who are eighteen

years of age and under, and individuals who are older than eighteen

who are (i) determined by a State educational agency or a local

public educational agency of a State, in accordance with

regulations prescribed by the Secretary, to have a disability, and

(ii) participating in a public or nonprofit private school program

established for individuals who have a disability; and (E) "State"

means any of the fifty States, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands of the United

States, Guam, American Samoa, and the Northern Mariana Islands.

(2) To the maximum extent feasible, consistent with the purposes

of this section, any food service under the program shall use meals

prepared at the facilities of the service institution or at the

food service facilities of public and nonprofit private schools.

The Secretary shall assist States in the development of information

and technical assistance to encourage increased service of meals

prepared at the facilities of service institutions and at public

and nonprofit private schools.

(3) Eligible service institutions entitled to participate in the

program shall be limited to those that -

(A) demonstrate adequate administrative and financial

responsibility to manage an effective food service;

(B) have not been seriously deficient in operating under the

program;

(C)(i) conduct a regularly scheduled food service for children

from areas in which poor economic conditions exist; or

(ii) qualify as camps; and

(D) provide an ongoing year-round service to the community to

be served under the program (except that an otherwise eligible

service institution shall not be disqualified for failure to meet

this requirement for ongoing year-round service if the State

determines that its disqualification would result in an area in

which poor economic conditions exist not being served or in a

significant number of needy children not having reasonable access

to a summer food service program).

(4) The following order of priority shall be used by the State in

determining participation where more than one eligible service

institution proposes to serve the same area:

(A) Local schools.

(B) All other service institutions and private nonprofit

organizations eligible under paragraph (7) that have demonstrated

successful program performance in a prior year.

(D) New private nonprofit organizations eligible under

paragraph (7).

The Secretary and the States, in carrying out their respective

functions under this section, shall actively seek eligible service

institutions located in rural areas, for the purpose of assisting

such service institutions in applying to participate in the

program.

(5) Camps that satisfy all other eligibility requirements of this

section shall receive reimbursement only for meals served to

children who meet the eligibility requirements for free or reduced

price meals, as determined under this chapter and the Child

Nutrition Act of 1966 [42 U.S.C. 1771 et seq.].

(6) Service institutions that are local, municipal, or county

governments shall be eligible for reimbursement for meals served in

programs under this section only if such programs are operated

directly by such governments.

(7)(A) Private nonprofit organizations, as defined in

subparagraph (B) (other than organizations eligible under paragraph

(1)), shall be eligible for the program under the same terms and

conditions as other service institutions.

(B) As used in this paragraph, the term "private nonprofit

organizations" means those organizations that -

(i) operate -

(I) not more than 25 sites, with not more than 300 children

being served at any one site; or

(II) with a waiver granted by the State agency under

standards developed by the Secretary, with not more than 500

children being served at any one site;

(ii) exercise full control and authority over the operation of

the program at all sites under their sponsorship;

(iii) provide ongoing year-around activities for children or

families;

(iv) demonstrate that such organizations have adequate

management and the fiscal capacity to operate a program under

this section; and

(v) meet applicable State and local health, safety, and

sanitation standards.

(b) Service institutions

(1) Payments. -

(A) In general. - Except as otherwise provided in this

paragraph, payments to service institutions shall equal the full

cost of food service operations (which cost shall include the

costs of obtaining, preparing, and serving food, but shall not

include administrative costs).

(B) Maximum amounts. - Subject to subparagraph (C), payments to

any institution under subparagraph (A) shall not exceed -

(i) $1.97 for each lunch and supper served;

(ii) $1.13 for each breakfast served; and

(iii) 46 cents for each meal supplement served.

be adjusted on January 1, 1997, and each January 1 thereafter, to

the nearest lower cent increment to reflect changes for the

12-month period ending the preceding November 30 in the series

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

Consumers published by the Bureau of Labor Statistics of the

Department of Labor. Each adjustment shall be based on the

unrounded adjustment for the prior 12-month period.

(2) Any service institution may only serve lunch and either

breakfast or a meal supplement during each day of operation, except

that any service institution that is a camp or that serves meals

primarily to migrant children may serve up to 3 meals, or 2 meals

and 1 supplement, during each day of operation, if (A) the service

institution has the administrative capability and the food

preparation and food holding capabilities (where applicable) to

serve more than one meal per day, and (B) the service period of

different meals does not coincide or overlap.

(3) Every service institution, when applying for participation in

the program, shall submit a complete budget for administrative

costs related to the program, which shall be subject to approval by

the State. Payment to service institutions for administrative costs

shall equal the full amount of State approved administrative costs

incurred, except that such payment to service institutions may not

exceed the maximum allowable levels determined by the Secretary

pursuant to the study prescribed in paragraph (4) of this

subsection.

(4)(A) The Secretary shall conduct a study of the food service

operations carried out under the program. Such study shall include,

but shall not be limited to -

(i) an evaluation of meal quality as related to costs; and

(ii) a determination whether adjustments in the maximum

reimbursement levels for food service operation costs prescribed

in paragraph (1) of this subsection should be made, including

whether different reimbursement levels should be established for

self-prepared meals and vendored meals and which site-related

costs, if any, should be considered as part of administrative

costs.

(B) The Secretary shall also study the administrative costs of

service institutions participating in the program and shall

thereafter prescribe maximum allowable levels for administrative

payments that reflect the costs of such service institutions,

taking into account the number of sites and children served, and

such other factors as the Secretary determines appropriate to

further the goals of efficient and effective administration of the

program.

Congress not later than December 1, 1977.

exceptions for continuous school calendars or non-school sites;

National Youth Sports Program

(1) Payments shall be made to service institutions only for meals

served during the months of May through September, except in the

case of service institutions that operate food service programs for

children on school vacation at any time under a continuous school

calendar or that provide meal service at non-school sites to

children who are not in school for a period during the months of

October through April due to a natural disaster, building repair,

court order, or similar cause.

(2) Children participating in National Youth Sports Programs

operated by higher education institutions shall be eligible to

participate in the program under this paragraph on showing

residence in areas in which poor economic conditions exist or on

the basis of income eligibility statements for children enrolled in

the program.

(d) Advance program payments to States for monthly meal service;

letters of credit, forwarding to States; determination of amount;

valid claims, receipt

Not later than April 15, May 15, and July 1 of each year, the

Secretary shall forward to each State a letter of credit (advance

program payment) that shall be available to each State for the

payment of meals to be served in the month for which the letter of

credit is issued. The amount of the advance program payment shall

be an amount which the State demonstrates, to the satisfaction of

the Secretary, to be necessary for advance program payments to

service institutions in accordance with subsection (e) of this

section. The Secretary shall also forward such advance program

payments, by the first day of the month prior to the month in which

the program will be conducted, to States that operate the program

in months other than May through September. The Secretary shall

forward any remaining payments due pursuant to subsection (b) of

this section not later than sixty days following receipt of valid

claims therefor.

(e) Advance program payments to service institutions for monthly

meal service; certification of personnel training sessions;

minimum days per month operations requirement; payments:

computation, limitation; valid claims, receipt; withholding;

demand for repayment; subtraction of disputed payments

(1) Not later than June 1, July 15, and August 15 of each year,

or, in the case of service institutions that operate under a

continuous school calendar, the first day of each month of

operation, the State shall forward advance program payments to each

service institution. The State shall not release the second month's

advance program payment to any service institution (excluding a

school) that has not certified that it has held training sessions

for its own personnel and the site personnel with regard to program

duties and responsibilities. No advance program payment may be made

for any month in which the service institution will operate under

the program for less than ten days.

(2) The amount of the advance program payment for any month in

the case of any service institution shall be an amount equal to (A)

the total program payment for meals served by such service

institution in the same calendar month of the preceding calendar

year, (B) 50 percent of the amount established by the State to be

needed by such service institution for meals if such service

institution contracts with a food service management company, or

by such service institution for meals if such service institution

prepares its own meals, whichever amount is greatest: Provided,

That the advance program payment may not exceed the total amount

estimated by the State to be needed by such service institution for

meals to be served in the month for which such advance program

payment is made or $40,000, whichever is less, except that a State

may make a larger advance program payment to such service

institution where the State determines that such larger payment is

necessary for the operation of the program by such service

institution and sufficient administrative and management capability

to justify a larger payment is demonstrated. The State shall

forward any remaining payment due a service institution not later

than seventy-five days following receipt of valid claims. If the

State has reason to believe that a service institution will not be

able to submit a valid claim for reimbursement covering the period

for which an advance program payment has been made, the subsequent

month's advance program payment shall be withheld until such time

as the State has received a valid claim. Program payments advanced

to service institutions that are not subsequently deducted from a

valid claim for reimbursement shall be repaid upon demand by the

State. Any prior payment that is under dispute may be subtracted

from an advance program payment.

(f) Nutritional standards

(1) Service institutions receiving funds under this section shall

serve meals consisting of a combination of foods and meeting

minimum nutritional standards prescribed by the Secretary on the

basis of tested nutritional research.

(2) The Secretary shall provide technical assistance to service

institutions and private nonprofit organizations participating in

the program to assist the institutions and organizations in

complying with the nutritional requirements prescribed by the

Secretary pursuant to this subsection.

(3) Meals described in paragraph (1) shall be served without cost

to children attending service institutions approved for operation

under this section, except that, in the case of camps, charges may

be made for meals served to children other than those who meet the

eligibility requirements for free or reduced price meals in

accordance with subsection (a)(5) of this section.

(4) To assure meal quality, States shall, with the assistance of

the Secretary, prescribe model meal specifications and model food

quality standards, and ensure that all service institutions

contracting for the preparation of meals with food service

management companies include in their contracts menu cycles, local

food safety standards, and food quality standards approved by the

State.

(5) Such contracts shall require (A) periodic inspections, by an

independent agency or the local health department for the locality

in which the meals are served, of meals prepared in accordance with

the contract in order to determine bacteria levels present in such

meals, and (B) conformance with standards set by local health

authorities.

(6) Such inspections and any testing resulting therefrom shall be

in accordance with the practices employed by such local health

authority.

(7) Offer versus serve. - A school food authority participating

as a service institution may permit a child to refuse one or more

items of a meal that the child does not intend to consume, under

rules that the school uses for school meals programs. A refusal of

an offered food item shall not affect the amount of payments made

under this section to a school for the meal.

(g) Regulations, guidelines, applications, and handbooks;

publication; startup costs

The Secretary shall publish proposed regulations relating to the

implementation of the program by November 1 of each fiscal year,

final regulations by January 1 of each fiscal year, and guidelines,

applications, and handbooks by February 1 of each fiscal year. In

order to improve program planning, the Secretary may provide that

service institutions be paid as startup costs not to exceed 20

percent of the administrative funds provided for in the

administrative budget approved by the State under subsection (b)(3)

of this section. Any payments made for startup costs shall be

subtracted from amounts otherwise payable for administrative costs

subsequently made to service institutions under subsection (b)(3)

of this section.

(h) Direct disbursement to service institutions by Secretary

Each service institution shall, insofar as practicable, use in

its food service under the program foods designated from time to

time by the Secretary as being in abundance. The Secretary is

authorized to donate to States, for distribution to service

institutions, food available under section 1431 of title 7, or

purchased under section 612c of title 7 or section 1446a-1 of title

7. Donated foods may be distributed only to service institutions

that can use commodities efficiently and effectively, as determined

by the Secretary.

(i) Repealed. Pub. L. 97-35, title VIII, Sec. 817(b), Aug. 13,

1981, 95 Stat. 532

(j) Administrative expenses of Secretary; authorization of

appropriations

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 section.

(k) Administrative costs of State; payment; adjustment; standards

and effective dates, establishment; funds: withholding,

inspection

(1) The Secretary shall pay to each State for its administrative

costs incurred under this section in any fiscal year an amount

equal to (A) 20 percent of the first $50,000 in funds distributed

to that State for the program in the preceding fiscal year; (B) 10

percent of the next $100,000 distributed to that State for the

program in the preceding fiscal year; (C) 5 percent of the next

$250,000 in funds distributed to that State for the program in the

preceding fiscal year; and (D) 2 1/2 percent of any remaining

funds distributed to that State for the program in the preceding

fiscal year: Provided, That such amounts may be adjusted by the

Secretary to reflect changes in the size of that State's program

since the preceding fiscal year.

(2) The Secretary shall establish standards and effective dates

for the proper, efficient, and effective administration of the

program by the State. If the Secretary finds that the State has

failed without good cause to meet any of the Secretary's standards

or has failed without good cause to carry out the approved State

management and administration plan under subsection (n) of this

section, the Secretary may withhold from the State such funds

authorized under this subsection as the Secretary determines to be

appropriate.

(3) To provide for adequate nutritional and food quality

monitoring, and to further the implementation of the program, an

additional amount, not to exceed the lesser of actual costs or 1

percent of program funds, shall be made available by the Secretary

to States to pay for State or local health department inspections,

and to reinspect facilities and deliveries to test meal quality.

(l) Food service management companies; subcontracts; assignments,

conditions and limitations; meal capacity information in bids

subject to review; registration; record, availability to States;

small and minority-owned businesses for supplies and services;

contracts: standard form, bid and contract procedures, bonding

requirements and exemption, review by States, collusive bidding

safeguards

(1) Service institutions may contract on a competitive basis with

food service management companies for the furnishing of meals or

management of the entire food service under the program, except

that a food service management company entering into a contract

with a service institution under this section may not subcontract

with a single company for the total meal, with or without milk, or

for the assembly of the meal. The Secretary shall prescribe

additional conditions and limitations governing assignment of all

or any part of a contract entered into by a food service management

company under this section. Any food service management company

shall, in its bid, provide the service institution information as

to its meal capacity.

(2) Each State may provide for the registration of food service

management companies.

(3) In accordance with regulations issued by the Secretary,

positive efforts shall be made by service institutions to use small

businesses and minority-owned businesses as sources of supplies and

services. Such efforts shall afford those sources the maximum

feasible opportunity to compete for contracts using program funds.

(4) Each State, with the assistance of the Secretary, shall

establish a standard form of contract for use by service

institutions and food service management companies. The Secretary

shall prescribe requirements governing bid and contract procedures

for acquisition of the services of food service management

companies, including, but not limited to, bonding requirements

(which may provide exemptions applicable to contracts of $100,000

or less), procedures for review of contracts by States, and

safeguards to prevent collusive bidding activities between service

institutions and food service management companies.

(m) Accounts and records

States and service institutions 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 necessary.

(n) Management and administration plan; notification and submittal

to Secretary; specific provisions

Each State desiring to participate in the program shall notify

the Secretary by January 1 of each year of its intent to administer

the program and shall submit for approval by February 15 a

management and administration plan for the program for the fiscal

year, which shall include, but not be limited to, (1) the State's

administrative budget for the fiscal year, and the State's plans to

comply with any standards prescribed by the Secretary under

subsection (k) of this section; (2) the State's plans for use of

program funds and funds from within the State to the maximum extent

practicable to reach needy children; (3) the State's plans for

providing technical assistance and training eligible service

institutions; (4) the State's plans for monitoring and inspecting

service institutions, feeding sites, and food service management

companies and for ensuring that such companies do not enter into

contracts for more meals than they can provide effectively and

efficiently; (5) the State's plan for timely and effective action

against program violators; and (6) the State's plan for ensuring

fiscal integrity by auditing service institutions not subject to

auditing requirements prescribed by the Secretary.

(o) Violations and penalties

(1) Whoever, in connection with any application, procurement,

recordkeeping entry, claim for reimbursement, or other document or

statement made in connection with the program, knowingly and

willfully falsifies, conceals, or covers up by any trick, scheme,

or device a material fact, or makes any false, fictitious, or

fraudulent statements or representations, or makes or uses any

false writing or document knowing the same to contain any false,

fictitious, or fraudulent statement or entry, or whoever, in

connection with the program, knowingly makes an opportunity for any

person to defraud the United States, or does or omits to do any act

with intent to enable any person to defraud the United States,

shall be fined not more than $10,000 or imprisoned not more than

five years, or both.

(2) Whoever being a partner, officer, director, or managing agent

connected in any capacity with any partnership, association,

corporation, business, or organization, either public or private,

that receives benefits under the program, knowingly or willfully

embezzles, misapplies, steals, or obtains by fraud, false

statement, or forgery, any benefits provided by this section or any

money, funds, assets, or property derived from benefits provided by

this section, shall be fined not more than $10,000 or imprisoned

for not more than five years, or both (but, if the benefits, money,

funds, assets, or property involved is not over $200, then the

penalty shall be a fine of not more than $1,000 or imprisonment for

not more than one year, or both).

(3) If two or more persons conspire or collude to accomplish any

act made unlawful under this subsection, and one or more of such

persons do any act to effect the object of the conspiracy or

collusion, each shall be fined not more than $10,000 or imprisoned

for not more than five years, or both.

(p) Monitoring of participating private nonprofit organizations

(1) In addition to the normal monitoring of organizations

receiving assistance under this section, the Secretary shall

establish a system under which the Secretary and the States shall

monitor the compliance of private nonprofit organizations with the

requirements of this section and with regulations issued to

implement this section.

(2) In the fiscal year 1990 and each succeeding fiscal year, the

Secretary may reserve for purposes of carrying out paragraph (1)

not more than 1/2 of 1 percent of amounts appropriated for

purposes of carrying out this section.

(q) 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 are necessary to

carry out the purposes of this section.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 13, as added Pub. L. 90-302, Sec. 3,

May 8, 1968, 82 Stat. 117; amended Pub. L. 91-248, Sec. 6(c), (d),

May 14, 1970, 84 Stat. 210; Pub. L. 92-32, Sec. 7, June 30, 1971,

85 Stat. 86; Pub. L. 92-433, Secs. 1, 2, Sept. 26, 1972, 86 Stat.

724; Pub. L. 94-20, May 2, 1975, 89 Stat. 82; Pub. L. 94-105, Sec.

13, Oct. 7, 1975, 89 Stat. 515; Pub. L. 95-166, Sec. 2, Nov. 10,

1977, 91 Stat. 1325; Pub. L. 95-627, Secs. 5(d), 7(b), 10(d)(2),

Nov. 10, 1978, 92 Stat. 3620, 3622, 3624; Pub. L. 96-499, title II,

Sec. 206, Dec. 5, 1980, 94 Stat. 2601; Pub. L. 97-35, title VIII,

Secs. 809, 817(b), Aug. 13, 1981, 95 Stat. 527, 532; Pub. L.

99-500, title III, Sec. 311, Oct. 18, 1986, 100 Stat. 1783-360, and

Pub. L. 99-591, title III, Sec. 311, Oct. 30, 1986, 100 Stat.

3341-363; Pub. L. 99-661, div. D, title I, Sec. 4101, Nov. 14,

1986, 100 Stat. 4071; Pub. L. 100-435, title II, Sec. 213, Sept.

19, 1988, 102 Stat. 1658; Pub. L. 101-147, title I, Sec. 102(a),

title III, Sec. 307, Nov. 10, 1989, 103 Stat. 879, 915; Pub. L.

103-448, title I, Secs. 105(b), 114(a)-(g), Nov. 2, 1994, 108 Stat.

4702, 4712, 4713; Pub. L. 104-193, title VII, Sec. 706(a)-(l), Aug.

22, 1996, 110 Stat. 2291-2293; Pub. L. 105-336, title I, Secs.

105(a)-(e)(1), 107(j)(2)(A), (3)(B), Oct. 31, 1998, 112 Stat. 3148,

3149, 3152, 3153.)

-REFTEXT-

REFERENCES IN TEXT

The Child Nutrition Act of 1966, referred to in subsec. (a)(1),

(5), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended,

which is classified generally to chapter 13A (Sec. 1771 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1771 of this title and

Tables.

-COD-

CODIFICATION

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

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1)(D)(i). Pub. L. 105-336, Sec.

107(j)(3)(B)(i), substituted "to have a disability" for "to be

mentally or physically handicapped".

Subsec. (a)(1)(D)(ii). Pub. L. 105-336, Sec. 107(j)(3)(B)(ii),

substituted "individuals who have a disability" for "the mentally

or physically handicapped".

Subsec. (a)(3)(C). Pub. L. 105-336, Sec. 107(j)(2)(A), inserted

"or" at end of cl. (i), redesignated cl. (iii) as (ii), and struck

out former cl. (ii) which read as follows: "conduct a regularly

scheduled food service primarily for homeless children; or".

Subsec. (a)(7)(B)(i). Pub. L. 105-336, Sec. 105(a), added cl. (i)

and struck out former cl. (i) which read as follows:

"(i)(I) serve a total of not more than 2,500 children per day at

not more than 5 sites in any urban area, with not more than 300

children being served at any 1 site (or, with a waiver granted by

the State under standards developed by the Secretary, not more than

500 children being served at any 1 site); or

"(II) serve a total of not more than 2,500 children per day at

not more than 20 sites in any rural area, with not more than 300

children being served at any 1 site (or, with a waiver granted by

the State under standards developed by the Secretary, not more than

500 children being served at any 1 site);".

Subsec. (a)(7)(B)(ii) to (vii). Pub. L. 105-336, Sec. 105(b)(1),

redesignated cls. (iv) to (vii) as (ii) to (v), respectively, and

struck out former cls. (ii) and (iii) which read as follows:

"(ii) use self-preparation facilities to prepare meals, or obtain

meals from a public facility (such as a school district, public

hospital, or State university) or a school participating in the

school lunch program under this chapter;

"(iii) operate in areas where a school food authority or the

local, municipal, or county government has not indicated by March 1

of any year that such authority or unit of local government will

operate a program under this section in such year;".

Subsec. (f)(7). Pub. L. 105-336, Sec. 105(c), in first sentence,

struck out "attending a site on school premises operated directly

by the authority" after "permit a child".

Subsec. (l)(1). Pub. L. 105-336, Sec. 105(b)(2)(A), in first

sentence, struck out "(other than private nonprofit organizations

eligible under subsection (a)(7) of this section)" after "Service

institutions" and substituted "with food service management

companies" for "only with food service management companies

registered with the State in which they operate" and struck out at

end "The State shall, upon award of any bid, review the company's

registration to calculate how many remaining meals the food service

management company is equipped to prepare."

Subsec. (l)(2). Pub. L. 105-336, Sec. 105(b)(2)(B), substituted

"may" for "shall" after "Each State" and struck out at end "For the

purposes of this section, registration shall include, at a minimum

"(A) certification that the company meets applicable State and

local health, safety, and sanitation standards;

"(B) disclosure of past and present company owners, officers,

and directors, and their relationship, if any, to any service

institution or food service management company that received

program funds in any prior fiscal year;

"(C) records of contract terminations or disallowances, and

health, safety, and sanitary code violations, in regard to

program operations in prior fiscal years; and

"(D) the addresses of the company's food preparation and

distribution sites.

No food service management company may be registered if the State

determines that such company (i) lacks the administrative and

financial capability to perform under the program, or (ii) has been

seriously deficient in its participation in the program in prior

fiscal years."

Subsec. (l)(3) to (5). Pub. L. 105-336, Sec. 105(b)(2)(C), (D),

redesignated pars. (4) and (5) as (3) and (4), respectively, and

struck out former par. (3) which read as follows: "In order to

ensure that only qualified food service management companies

contract for services in all States, the Secretary shall maintain a

record of all registered food service management companies that

have been seriously deficient in their participation in the program

and may maintain a record of other registered food service

management companies, for the purpose of making such information

available to the States."

Subsec. (n)(2). Pub. L. 105-336, Sec. 105(e)(1), amended Pub. L.

104-193, Sec. 706(j)(1). See 1996 Amendment note below.

Subsec. (q). Pub. L. 105-336, Sec. 105(d), substituted "2003" for

"1998".

1996 - Subsec. (a)(1). Pub. L. 104-193, Sec. 706(a)(1)(A),

substituted "initiate and maintain nonprofit food service programs"

for "initiate, maintain, and expand nonprofit food service

programs" in first sentence.

Subsec. (a)(1)(E). Pub. L. 104-193, Sec. 706(a)(1)(B), struck out

"the Trust Territory of the Pacific Islands," before "and the

Northern Mariana Islands".

Subsec. (a)(7)(A). Pub. L. 104-193, Sec. 706(a)(2), substituted

"Private nonprofit organizations" for "Except as provided in

subparagraph (C), private nonprofit organizations".

Subsec. (b). Pub. L. 104-193, Sec. 706(b), inserted heading.

Subsec. (b)(1). Pub. L. 104-193, Sec. 706(b), added par. (1) and

struck out former par. (1) which read as follows: "Payments to

service institutions shall equal the full cost of food service

operations (which cost shall include the cost of obtaining,

preparing, and serving food, but shall not include administrative

costs), except that such payments to any institution shall not

exceed (1) 85.75 cents for each lunch and supper served; (2) 47.75

cents for each breakfast served; or (3) 22.50 cents for each meal

supplement served: Provided, That such amounts shall be adjusted

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

the changes for the twelve-month period ending the preceding

November 30 in the series for food away from home of the Consumer

Price Index for All Urban Consumers published by the Bureau of

Labor Statistics of the Department of Labor: Provided further, That

the Secretary may make such adjustments in the maximum

reimbursement levels as the Secretary determines appropriate after

making the study prescribed in paragraph (4) of this subsection."

Subsec. (b)(2). Pub. L. 104-193, Sec. 706(c), substituted "3

meals, or 2 meals and 1 supplement," for "four meals" in first

sentence and struck out at end "The meals that camps and migrant

programs may serve shall include a breakfast, a lunch, a supper,

and meal supplements."

Subsec. (c)(2). Pub. L. 104-193, Sec. 706(d)(3), (4), struck out

", and such higher education institutions," before "shall be

eligible to participate" and substituted "on showing residence in

areas in which poor economic conditions exist or on the basis of

income eligibility statements for children enrolled in the program"

for "without application".

Pub. L. 104-193, Sec. 706(d)(1), (2), designated subpar. (B) as

par. (2) and struck out subpars. (A), relating to eligibility of

institutions operating National Youth Sports Program for meal and

supplement reimbursements, and (C) to (E), relating to

reimbursement rates, nutritional requirements and meal patterns,

and issuance of regulations, respectively.

Subsec. (e)(1). Pub. L. 104-193, Sec. 706(e), substituted "each

service institution. The State" for "each service institution:

Provided, That (A) the State", inserted "(excluding a school)"

after "program payment to any service institution", and substituted

"responsibilities. No advance program payment" for

"responsibilities, and (B) no advance program payment".

Subsec. (f). Pub. L. 104-193, Sec. 706(f)(5), redesignated pars.

(4) to (7) as (3) to (6), respectively.

Pub. L. 104-193, Sec. 706(f)(1)-(4), redesignated first to

seventh sentences as pars. (1) to (7), respectively, struck out

par. (3), substituted "paragraph (1)" for "the first sentence" in

par. (4), and substituted "conformance with standards set by local

health authorities" for "that bacteria levels conform to the

standards which are applied by the local health authority for that

locality with respect to the levels of bacteria that may be present

in meals served by other establishments in that locality" in par.

(6)(B). Prior to repeal, par. (3) read as follows: "The Secretary

shall provide additional technical assistance to those service

institutions and private nonprofit organizations that are having

difficulty maintaining compliance with the requirements."

Subsec. (f)(7). Pub. L. 104-193, Sec. 706(g), added par. (7).

Subsec. (m). Pub. L. 104-193, Sec. 706(h), substituted "be

available at any reasonable time for inspection and audit" for "at

all times be available for inspection and audit" in second

sentence.

Subsec. (n)(2). Pub. L. 104-193, Sec. 706(j)(1), as amended by

Pub. L. 105-336, Sec. 105(e)(1), struck out ", including the

State's methods for assessing need" after "needy children".

Pub. L. 104-193, Sec. 706(i), struck out ", and its plans and

schedule for informing service institutions of the availability of

the program" before semicolon.

Subsec. (n)(3). Pub. L. 104-193, Sec. 706(j)(2), (4),

redesignated par. (4) as (3) and struck out former par. (3) which

read as follows: "the State's best estimate of the number and

character of service institutions and sites to be approved, and of

meals to be served and children to participate for the fiscal year,

and a description of the estimating methods used;".

Subsec. (n)(4). Pub. L. 104-193, Sec. 706(j)(4), redesignated

par. (5) as (4). Former par. (4) redesignated (3).

Pub. L. 104-193, Sec. 706(j)(3), struck out "and schedule" after

"State's plans".

Subsec. (n)(5) to (7). Pub. L. 104-193, Sec. 706(j)(4),

redesignated pars. (6) and (7) as (5) and (6), respectively. Former

par. (5) redesignated (4).

Subsec. (p). Pub. L. 104-193, Sec. 706(l), redesignated subsec.

(q) as (p) and struck out former subsec. (p) which read as follows:

"During the fiscal years 1990 and 1991, the Secretary and the

States shall carry out a program to disseminate to potentially

eligible private nonprofit organizations information concerning the

amendments made by the Child Nutrition and WIC Reauthorization Act

of 1989 regarding the eligibility under subsection (a)(7) of this

section of private nonprofit organizations for the program

established under this section."

Subsec. (q). Pub. L. 104-193, Sec. 706(l)(2), redesignated

subsec. (r) as (q). Former subsec. (q) redesignated (p).

Subsec. (q)(2). Pub. L. 104-193, Sec. 706(k)(1), (3),

redesignated par. (3) as (2) and struck out former par. (2) which

read as follows: "The Secretary shall require each State to

establish and implement an ongoing training and technical

assistance program for private nonprofit organizations that

provides information on program requirements, procedures, and

accountability. The Secretary shall provide assistance to State

agencies regarding the development of such training and technical

assistance programs."

Subsec. (q)(3). Pub. L. 104-193, Sec. 706(k)(3), redesignated

par. (3) as (2).

Pub. L. 104-193, Sec. 706(k)(2), substituted "paragraph (1)" for

"paragraphs (1) and (2) of this subsection".

Subsec. (q)(4). Pub. L. 104-193, Sec. 706(k)(1), struck out par.

(4) which read as follows: "For the purposes of this subsection,

the term 'private nonprofit organization' has the meaning given

such term in subsection (a)(7)(B) of this section."

Subsec. (r). Pub. L. 104-193, Sec. 706(l)(2), redesignated

subsec. (r) as (q).

1994 - Subsec. (a)(4)(A) to (F). Pub. L. 103-448, Sec. 114(a),

added subpars. (A) to (D) and struck out former subpars. (A) to (F)

which read as follows:

"(A) local schools or service institutions that have demonstrated

successful program performance in a prior year;

"(B) service institutions that prepare meals at their own

facilities or operate only one site;

"(C) service institutions that use local school food facilities

for the preparation of meals;

"(D) other service institutions that have demonstrated ability

for successful program operation;

"(E) service institutions that plan to integrate the program with

Federal, State, or local employment programs; and

"(F) private nonprofit organizations eligible under paragraph

(7)."

Subsec. (a)(7)(C). Pub. L. 103-448, Sec. 114(b), struck out

subpar. (C) which read as follows:

"(C)(i) Except as provided in clause (ii), no private nonprofit

organization (other than organizations eligible under paragraph

(1)) may participate in the program in an area where a school food

authority or a local, municipal, or county government participated

in the program before such organization applied to participate

until the expiration of the 1-year period beginning on the date

that such school food authority or local, municipal, or county

government terminated its participation in the program.

"(ii) Clause (i) shall not apply if the appropriate State agency

or regional office of the Department of Agriculture (whichever

administers the program in the area concerned), after consultation

with the school food authority or local, municipal, or county

government concerned, determines that such school food authority or

local, municipal, or county government would have discontinued its

participation in the program regardless of whether a private

nonprofit organization was available to participate in the program

in such area."

Subsec. (c)(1). Pub. L. 103-448, Sec. 114(c), inserted before

period at end "or that provide meal service at non-school sites to

children who are not in school for a period during the months of

October through April due to a natural disaster, building repair,

court order, or similar cause".

Subsec. (f). Pub. L. 103-448, Sec. 105(b), inserted after first

sentence "The Secretary shall provide technical assistance to

service institutions and private nonprofit organizations

participating in the program to assist the institutions and

organizations in complying with the nutritional requirements

prescribed by the Secretary pursuant to this subsection. The

Secretary shall provide additional technical assistance to those

service institutions and private nonprofit organizations that are

having difficulty maintaining compliance with the requirements."

and substituted "Meals described in the first sentence shall be

served" for "Such meals shall be served".

Subsec. (l)(3). Pub. L. 103-448, Sec. 114(d), substituted "that

have been seriously deficient in their participation in the program

and may maintain a record of other registered food service

management companies," for "and their program record".

Subsec. (n)(5). Pub. L. 103-448, Sec. 114(e)(1), (2),

redesignated cl. (7) as (5) and struck out former cl. (5) which

read as follows: "the State's schedule for application by service

institutions;".

Subsec. (n)(6). Pub. L. 103-448, Sec. 114(e)(1)-(3), redesignated

cl. (9) as (6), inserted "and" at end, and struck out former cl.

(6) which read as follows: "the actions to be taken to maximize the

use of meals prepared by service institutions and the use of school

food service facilities;".

Subsec. (n)(7). Pub. L. 103-448, Sec. 114(e)(2), redesignated cl.

(11) as (7). Former cl. (7) redesignated (5).

Subsec. (n)(8). Pub. L. 103-448, Sec. 114(e)(1), struck out cl.

(8) which read as follows: "the State's plan and schedule for

registering food service management companies;".

Subsec. (n)(9). Pub. L. 103-448, Sec. 114(e)(2), redesignated cl.

(9) as (6).

Subsec. (n)(10). Pub. L. 103-448, Sec. 114(e)(1), struck out cl.

(10) which read as follows: "the State's plan for determining the

amounts of program payments to service institutions and for

disbursing such payments;".

Subsec. (n)(11). Pub. L. 103-448, Sec. 114(e)(2), redesignated

cl. (11) as (7).

Subsec. (n)(12). Pub. L. 103-448, Sec. 114(e)(4), struck out cl.

(12) which read as follows: "the State's procedure for granting a

hearing and prompt determination to any service institution wishing

to appeal a State ruling denying the service institution's

application for program participation or for program

reimbursement."

Subsec. (q)(2). Pub. L. 103-448, Sec. 114(f)(1), (2),

redesignated par. (3) as (2) and struck out former par. (2) which

read as follows: "Application forms or other printed materials

provided by the Secretary or the States to persons who intend to

apply to participate as private nonprofit organizations shall

contain a warning in bold lettering explaining, at a minimum -

"(A) the criminal provisions and penalties established by

subsection (o) of this section; and

"(B) the procedures for termination of participation in the

program as established by regulations."

Subsec. (q)(3). Pub. L. 103-448, Sec. 114(f)(2), (3),

redesignated par. (4) as (3) and substituted "paragraphs (1) and

(2)" for "paragraphs (1) and (3)". Former par. (3) redesignated

(2).

Subsec. (q)(4), (5). Pub. L. 103-448, Sec. 114(f)(2),

redesignated pars. (4) and (5) as (3) and (4), respectively.

Subsec. (r). Pub. L. 103-448, Sec. 114(g), substituted "1998" for

"1994".

1989 - Subsec. (a)(3)(C). Pub. L. 101-147, Sec. 102(a)(1)(A),

amended subpar. (C) generally. Prior to amendment, subpar. (C) read

as follows: "either conduct a regularly scheduled food service for

children from areas in which poor economic conditions exist or

qualify as camps; and".

Subsec. (a)(4)(F). Pub. L. 101-147, Sec. 102(a)(1)(B), added

subpar. (F).

Subsec. (a)(7)(A). Pub. L. 101-147, Sec. 102(a)(1)(C)(i), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "Not later than May 1, 1989, the Secretary shall institute

Statewide demonstration projects in five States in which private

nonprofit organizations, as defined in subparagraph (B) (other than

organizations already eligible under subsection (a)(1) of this

section), shall be eligible for the program under the same terms

and conditions as other service institutions."

Subsec. (a)(7)(B)(i). Pub. L. 101-147, Sec. 102(a)(1)(C)(ii)(I),

amended cl. (i) generally. Prior to amendment, cl. (i) read as

follows: "serve no more than 2,500 children per day and operate at

not more than 5 sites;".

Subsec. (a)(7)(B)(ii). Pub. L. 101-147, Sec.

102(a)(1)(C)(ii)(II), inserted "or a school participating in the

school lunch program under this chapter" after "university)".

Subsec. (a)(7)(B)(v). Pub. L. 101-147, Sec.

102(a)(1)(C)(ii)(III), inserted "or families" after "children".

Subsec. (a)(7)(C). Pub. L. 101-147, Sec. 102(a)(1)(C)(iii), added

subpar. (C).

Subsec. (c). Pub. L. 101-147, Sec. 102(a)(2), designated existing

provisions as par. (1) and added par. (2).

Subsec. (d). Pub. L. 101-147, Sec. 307(1), substituted "July 1 of

each year" for "July 1, of each year".

Subsec. (f). Pub. L. 101-147, Sec. 307(2), substituted

"prescribe" for "prescribed" before "model meal specifications".

Subsec. (g). Pub. L. 101-147, Sec. 307(3), struck out ":

Provided, That for fiscal year 1978, those portions of the

regulations relating to payment rates for both food service

operations and administrative costs need not be published until

December 1 and February 1, respectively" after "February 1 of each

fiscal year".

Subsec. (h). Pub. L. 101-147, Sec. 307(4), made technical

amendments to references to sections 612c, 1431, and 1446a-1 of

title 7 involving underlying provisions of original act and

requiring no change in text.

Subsec. (l)(1). Pub. L. 101-147, Sec. 102(a)(3), inserted "(other

than private nonprofit organizations eligible under subsection

(a)(7) of this section)" after "Service institutions".

Subsec. (p). Pub. L. 101-147, Sec. 102(a)(4), (5), added subsec.

(p) and redesignated former subsec. (p) as (r).

Subsec. (q). Pub. L. 101-147, Sec. 102(a)(5), added subsec. (q).

Subsec. (r). Pub. L. 101-147, Sec. 102(a)(6), 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, 1979, and ending September 30, 1989,".

Pub. L. 101-147, Sec. 102(a)(4), redesignated former subsec. (p)

as (r).

1988 - Subsec. (a)(1)(B). Pub. L. 100-435, Sec. 213(a), inserted

reference to public or private nonprofit higher education

institutions participating in National Youth Sports Program.

Subsec. (a)(7). Pub. L. 100-435, Sec. 213(b), added par. (7).

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

99-661, amended subsec. (p) identically, substituting "1989" for

"1984".

1981 - Subsec. (a). Pub. L. 97-35, Sec. 809, in par. (1)(B)

substituted "public or private nonprofit school food authorities,

local, municipal, or county governments," for "nonresidential

public or private nonprofit institutions" and in par. (1)(C)

substituted "50" for "33 1/3 ", and added par. (6).

Subsec. (i). Pub. L. 97-35, Sec. 817(b), struck out subsec. (i)

which related to administration of program by Secretary in event of

nonadministration by State.

1980 - Subsec. (b)(2). Pub. L. 96-499, Sec. 206(1), restricted

service institutions to serving only two meals per day unless such

institutions were a camp or an institution serving meals primarily

to migrant children.

Subsec. (p). Pub. L. 96-499, Sec. 206(2), substituted "September

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

1978 - Subsec. (a)(1)(D)(ii). Pub. L. 95-627, Sec. 10(d)(2),

inserted "or nonprofit private" after "in a public".

Subsec. (b)(1). Pub. L. 95-627, Sec. 5(d), inserted "for All

Urban Consumers" after "Consumer Price Index".

Subsec. (k)(1). Pub. L. 95-627, Sec. 7(b), substituted "$100,000"

for "$50,000" in cl. (B), "$250,000" for "$100,000" in cl. (C), and

"2 1/2 percent" for "2 percent" in cl. (D).

1977 - Subsec. (a). Pub. L. 95-166, in revising subsec. (a),

among other changes: reenacted par. (1); inserted cl. (A)

definition of "program"; reenacted as cl. (B) definition of

"service institutions", inserting development of "school vacation"

programs; reenacted as cl. (C) definition of "areas in which poor

economic conditions exist" definition of "poor economic conditions"

of former par. (3), substituting "as determined by information" for

"as shown by information" and "served to children attending public

and nonprofit private schools located in the area of program food

service sites, or from other appropriate sources, including

statements of eligibility based upon income for children enrolled

in the program" for "served to children attending schools located

in the area of summer food sites, or from other applicable sources"

and striking out reference to information provided from model city

target areas; inserted cl. (D) definition of "children"; reenacted

as cl. (E) definition of "State" last sentence of former par. (3),

extending term to include the Northern Mariana Islands; enacted

par. (2), which incorporated part of former par. (1) which had read

"To the maximum extent feasible, consistent with the purposes of

this section, special summer programs shall utilize the existing

food service facilities of public and nonprofit private schools.";

enacted par. (3), which incorporated part of former par. (2) which

had read "Service institutions eligible to participate under the

program authorized under this section shall be limited to those

which conduct a regularly scheduled program for children from areas

in which poor economic conditions exist, for any period during the

months of May through September, at site locations where organized

recreation activities or food services are provided for children in

attendance."; and added pars. (4) and (5).

Subsec. (b)(1). Pub. L. 95-166 incorporated existing provisions

in part in text designated par. (1); substituted "Payments" for

"Disbursements" increased payments for cost of lunch and supper,

breakfast, and each meal supplement to 85.75 from 75.5, to 47.75

from 42, and to 22.50 from 19.75 cents respectively; substituted

provision for adjustment of rates each January 1 based on the

Consumer Price Index for twelve-month period ending November 30 for

prior such provision for adjustment each March 1 based on the Index

for year ending January 31; exclude from cost of food service

operations administrative costs; and authorized adjustments, as

appropriate, in the maximum reimbursement levels.

Subsec. (b)(2). Pub. L. 95-166 added par. (2) which incorporated

in part existing provision which formerly stated that no

institution shall be prohibited from serving breakfasts, suppers,

and meal supplements as well as lunches unless the service period

of different meals coincides or overlaps.

Subsec. (b)(3). Pub. L. 95-166 added par. (3) which supersedes

part of existing provisions prescribing administrative costs of

lunch and supper, breakfast, and meal supplement not to exceed 6,

3, and 1.5 cents respectively.

Subsec. (b)(4). Pub. L. 95-166 added par. (4).

Subsec. (c). Pub. L. 95-166 substituted "Payments" for

"Disbursements" and "except in the case of service institutions

that operate food service programs for children on school vacation

at any time under a continuous school calendar" for "except that

the foregoing provision shall not apply to institutions which

develop food service programs for children on school vacation at

any time under a continuous school calendar or prevent such

institutions, if otherwise eligible, from participating in the

program authorized by this section".

Subsec. (d). Pub. L. 95-166, in revising text, substituted

provision for advance program payment to States through letters of

credit forwarded no later than April 15, May 15, and July 1, of

each year for prior provision for forwarding advance payments no

later than June 1, July 1, and August 1 of each year; inserted

computation of payment amount provision; struck out prior provision

for an amount no less than (1) the total payment made to the State

for meals served for the calendar month of the preceding calendar

year or (2) 65 per centum of the amount estimated by the State, on

the basis of approved applications, to be needed to reimburse

service institutions for meals to be served in the month, whichever

is the greater, now covered in subsec. (e)(2) of this section;

substituted provision for forwarding payments to States operating a

program in months other than May through September by the first day

of the month prior to the month in which the program is conducted

for prior provision for receipt of advance payments not later than

the first day of each month involved where institutions operate

programs during nonsummer vacations during a continuous school year

calendar; reenacted provision for payments within sixty days of

receipt of valid claims; and struck out provision declaring that

any funds advanced to a State for which valid claims have not been

established within 180 days shall be deducted from the next

appropriate monthly advance payment unless the claimant requests a

hearing with the Secretary prior to the 180th day, covered in

subsec. (e)(2) of this section.

Subsec. (e). Pub. L. 95-166 added subsec. (e) which in

incorporating in part provisions of former subsec. (d), substituted

in par. (1) July 15 and August 15 for July 1 and August 1 and

reenacted provision for payment not later than the first day of

each month of operation where service institutions operate under a

continuous school calendar, and in par. (2) substituted provision

for computation of amount which is the greatest of the amount

described in cls. (A), (B), and (C) for prior provision for such

computation which is the greater of (1) the total payment made to

the State for meals served for the calendar month of the preceding

calendar year (covered in cl. (A)) or (2) 65 per centum of the

amount estimated by the State, on the basis of approved

applications, to be needed to reimburse service institutions for

meals to be served in the month (covered in cl. (C)). Former

subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 95-166 redesignated former subsec. (e) as

(f), substituted in first sentence "receiving funds" for "to which

funds are disbursed", and inserted provisions respecting: charging

ineligible children for meals served in camps, model specifications

and standards for quality assurance, meal preparation contract

requirements, and inspection and testing. Former subsec. (f)

redesignated (g).

Subsec. (g). Pub. L. 95-166 redesignated former subsec. (f) as

(g), required publication of proposed regulations by November 1,

instead of January 1, final regulations by January 1, instead of

March 1, and guidelines, applications, and handbooks by February 1,

instead of March 1, of each fiscal year, inserted proviso,

substituted provision for payment of startup costs limited to 20

percent of administrative funds provided for in the administrative

budget for prior limitation to 10 per centum of Federal funds

provided the service institutions for meals served under this

section during the preceding summer, and substituted provision for

subtraction of startup costs from amounts otherwise payable for

administrative costs made to the service institutions for prior

provision for such reduction from payments made for meals served

under subsec. (b) of this section. Former subsec. (g) redesignated

(h).

Subsec. (h). Pub. L. 95-166 redesignated former subsec. (g) as

(h), struck out "participating" before "service institution" and ",

either nationally or in the institution area, or foods donated by

the Secretary" after "abundance", and substituted provision for

donation of available or purchased food to States, for distribution

to service institutions that can use commodities efficiently and

effectively, as determined by the Secretary for prior provision for

donation by the Secretary of available or purchased foods,

irrespective of amount of appropriated funds, to service

institutions in accordance with the needs as determined by

authorities of these institutions for utilization in their feeding

program. Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 95-166 redesignated former subsec. (h) as

(i), authorized Secretary's administration of the program when the

State is unable for any reason to disburse the funds otherwise

payable or does not operate the program as required by this

section, prior provision only requiring direct disbursements when

the State educational agency was not permitted by law or was

otherwise unable to disburse the funds, and required State

notification of the Secretary of its intention not to administer

the program. Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 95-166 redesignated former subsec. (i) as

(j). Former subsec. (j) redesignated (p).

Subsec. (k). Pub. L. 95-166 added subsec. (k) and struck out

former subsec. (k) which required Secretary to pay administrative

costs of each State in an amount equal to 2 per centum of funds

distributed to the State and prescribing minimum sum of $10,000

each fiscal year, except where distribution of funds to the State

totals less than $50,000 for the fiscal year.

Subsec. (l). Pub. L. 95-166 added subsec. (l) and struck out

former subsec. (l) which provided that nothing in this section

should be construed to preclude a service institution from

contracting on a competitive basis for the furnishing of meals or

administration of the program, or both.

Subsec. (m). Pub. L. 95-166 struck out ", State educational

agencies," after "States".

Subsecs. (n), (o). Pub. L. 95-166 added subsecs. (n) and (o).

Subsec. (p). Pub. L. 95-166 redesignated former subsec. (j) as

(p) and made authorization applicable to fiscal years beginning

Oct. 1, 1977, and ending Sept. 30, 1980.

1975 - Subsec. (a). Pub. L. 94-105 substituted provisions

authorizing to be appropriated sums for a summer food services

program through Sept. 30, 1977, for provisions authorizing to be

appropriated sums for a summer food services program through Sept.

30, 1975.

Subsec. (a)(1). Pub. L. 94-20, Sec. 1(a), inserted "and for the

period July 1, 1975, through September 30, 1975," before "to

enable".

Subsec. (b). Pub. L. 94-105 substituted provisions for payment to

service institutions of the full cost of obtaining, preparing and

serving food and administrative costs, with maximum rates for each

kind of meal and its related administrative cost and adjustment of

the rates each March 1 on the basis of changes in the series for

food away from home of the Consumer Price Index for provisions

apportioning among the states the appropriated sums, with a maximum

basic grant of $50,000, and reserving 2 per centum of the

appropriated sums for apportionment to Guam, Puerto Rico, the

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

Pacific Islands.

Subsec. (c). Pub. L. 94-105 substituted provisions for

disbursement to service institutions only for meals served during

May through Sept. except for institutions with programs for

children on school vacation at any time under a continuous school

calendar for provisions for the disbursement of funds by the State

educational agency to service institutions on a nondiscriminatory

basis for the cost of obtaining agricultural commodities and other

foods, purchase and rental of equipment and authorizing financial

assistance not to exceed 3 per centum of the operating costs in

cases of severe need.

Subsec. (d). Pub. L. 94-105 substituted provisions relating to

the advance payment to States for meals served in that month and

deductions in the next month for advances for which valid claims

have not been established within 180 days for provisions for the

disbursement of funds directly to service institutions in states

where the State educational agency is forbidden by law to disburse

funds to such institutions.

Subsec. (e). Pub. L. 94-105 substituted provisions for free meals

consisting of a combination of foods and meeting minimum

nutritional standards for provisions making available for the first

three months of the next fiscal year any funds unobligated at the

end of the prior fiscal year.

Subsec. (f). Pub. L. 94-105 substituted provisions directing the

Secretary to publish proposed and final regulations, guidelines,

and handbooks and authorizing startup costs for meals served during

the preceding summer for provisions for free or reduced cost meals

with minimum nutritional standards and prohibiting segregation,

discrimination or overt identification practices with regard to any

child because of his inability to pay.

Subsec. (g). Pub. L. 94-105 substituted provisions directing the

utilization of foods donated or designated as in abundance by the

Secretary and directing the donation of food available under

section 1431, 612c and 1446a-1 of title 7 irrespective of the

amount of funds appropriated under this section for provisions

directing further apportionment among the States if any State

cannot utilize all funds apportioned to it or additional funds are

made available.

Subsec. (h). Pub. L. 94-105 substituted provisions authorizing

the Secretary to disburse funds directly to service institutions in

States where the educational agency is not permitted by law or is

otherwise unable to disburse the funds for provisions requiring

certification by the Secretary to the Secretary of the Treasury of

amounts to be paid, directing the utilization of donated foods or

foods designated as abundant, permitting donation of food available

under sections 1431, 612c or 1446a-1 of title 7 irrespective of

funds appropriated, mandating that value of assistance to children

under this section not be considered income, that expenditures of

State and local funds not be diminished as a result of federal

funding, authorizing appropriations for administrative expenses and

requiring States and State educational agencies and service

institutions to keep and make available for inspection such

accounts and records as may be necessary.

Subsec. (i). Pub. L. 94-105 substituted provision that the amount

of State and local funds spent for food programs not be diminished

as a result of funds received under this program for provisions

authorizing the Secretary of Agriculture to utilize during May 15

to Sept. 15, 1972 not to exceed $25,000 of funds available under

section 612c of Title 7 to carry out the purposes of this chapter,

such funds to be reimbursed out of any supplemental appropriation.

Subsec. (j). Pub. L. 94-105 substituted provision authorizing to

be appropriated such sums as may be necessary for the Secretary's

administrative expenses, for provisions adjusting the reimbursement

rate for meals served during May through Sept. 1975 to the nearest

quarter cent to reflect changes since the period of May through

Sept. 1974 in the cost of operating special summer food programs.

Pub. L. 94-20, Sec. 1(b), added subsec. (j).

Subsec. (k). Pub. L. 94-105 substituted provisions directing the

Secretary to pay each State for administrative costs an amount

equal to 2 per centum of funds distributed under subsec. (b), with

no State to receive less than $10,000 unless funds distributed to

such State total less than $50,000 for provisions directing the

Secretary to issue regulations no later than ten days following May

2, 1975 pertaining to operations of the program during the months

of May through Sept. 1975, with proviso that such regulations shall

in no way differ from current regulations except for changes

necessary to implement this chapter.

Pub. L. 94-20, Sec. 1(b), added subsec. (k).

Subsecs. (l), (m). Pub. L. 94-105 added subsecs. (l) and (m).

1972 - Subsec. (a)(1). Pub. L. 92-433, Sec. 2(a), substituted

authorization of appropriation of such sums as are necessary for

each of the fiscal years ending June 30, 1973, June 30, 1974, and

June 30, 1975, for provisions authorizing appropriation of

$32,000,000 for each of the fiscal years ending June 30, 1972 and

June 30, 1973.

Subsec. (a)(2). Pub. L. 92-433, Sec. 2(b), inserted provisions

authorizing special summer programs to utilize existing food

service facilities of public and nonprofit private schools to the

maximum extent feasible.

Subsec. (i). Pub. L. 92-433, Sec. 1, added subsec. (i).

1971 - Subsec. (a)(1). Pub. L. 92-32, Sec. 7(a), authorized

appropriations of $32,000,000 for fiscal years ending June 30,

1972, and 1973, as were authorized for fiscal years ending June 30,

1969, 1970, and 1971, and substituted in first sentence "program"

for "pilot program".

Subsec. (c)(2). Pub. L. 92-32, Sec. 7(b), provided that

non-Federal contributions may be in cash or kind, fairly evaluated,

including but not limited to equipment and services.

1970 - Subsec. (f). Pub. L. 91-248 provided for determination of

ability to pay the full cost of lunch based on a publicly announced

policy the minimum criteria of which includes family income and the

number of school children in the family unit as well as the size of

the family unit in general and provided that there be no overt

identification of those children who receive free and reduced price

meals.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-336, title I, Sec. 105(e)(2), Oct. 31, 1998, 112

Stat. 3149, provided that: "The amendment made by paragraph (1)

[amending this section] takes effect on January 1, 1997."

Pub. L. 105-336, title I, Sec. 107(j)(4), Oct. 31, 1998, 112

Stat. 3153, provided that: "The amendments made by paragraphs (1)

and (2) [amending this section and sections 1766 and 1769f of this

title and repealing section 1766b of this title] take effect on

July 1, 1999."

Amendment by sections 105(a)-(d) and 107(j)(3)(B) of 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 706(m) of Pub. L. 104-193 provided that: "The amendments

made by subsection (b) [amending this section] shall become

effective on January 1, 1997."

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 102(b)(2)(A) of Pub. L. 101-147 provided that:

"Subparagraphs (A), (B), (C), and (D)(i) of section 13(c)(2) of the

[Richard B. Russell] National School Lunch Act [subpars. (A), (B),

(C), (D)(i) of subsec. (c)(2) of this section] (as added by

subsection (a)(2)(B) of this section) shall be effective as of

October 1, 1989."

Section 102(b)(3) of Pub. L. 101-147 provided that: "The

amendments made by subsection (a)(6) [amending this section] shall

be effective as of October 1, 1989."

EFFECTIVE DATE OF 1988 AMENDMENT

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.

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 section 5(d) of Pub. L. 95-627 effective July 1,

1979, and amendment by sections 7(b) and 10(d)(2) of 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 1975 AMENDMENT

Section 13 of Pub. L. 94-105 provided that the amendment made by

that section is effective Oct. 1, 1975.

REGULATIONS

Section 102(b)(1) of Pub. L. 101-147 provided that: "Not later

than February 1, 1990, the Secretary of Agriculture shall issue

regulations to implement the amendments made by paragraphs (1),

(3), (4), and (5) of subsection (a) [amending this section].

Notwithstanding the provisions of section 553 of title 5, United

States Code, the Secretary of Agriculture may issue such

regulations without providing notice or an opportunity for public

comment."

Section 102(b)(2)(B) of Pub. L. 101-147 provided that: "Not later

than February 1, 1990, the Secretary of Agriculture shall -

"(i) issue final regulations to implement subparagraph (D)(ii)

of section 13(c)(2) of the [Richard B. Russell] National School

Lunch Act [subpar. (D)(ii) of subsec. (c)(2) of this section] (as

added by subsection (a)(2)(B) of this section); and

"(ii) issue final regulations under subparagraph (E) of such

section."

ALL-DAY EDUCATIONAL AND RECREATIONAL ACTIVITIES; SOURCES OF FUNDS

Section 114(h) of Pub. L. 103-448 directed Secretary of

Agriculture, not later than 180 days after Nov. 2, 1994, in

consultation with heads of other Federal agencies, to identify

sources of Federal funds that might be available from other Federal

agencies for service institutions under the summer food service

program for children established under this section to carry out

all-day educational and recreational activities for children at

feeding sites under the program, and notify the service

institutions of the sources.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1752, 1755, 1758, 1760,

1769, 1769f, 1776, 1788 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 1762 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1762. Repealed. Pub. L. 101-147, title III, Sec. 308, Nov. 10,

1989, 103 Stat. 915

-MISC1-

Section, act June 4, 1946, ch. 281, Sec. 13A, as added Mar. 12,

1970, Pub. L. 91-207, 84 Stat. 51, related to emergency assistance

to provide nutritious meals to needy children in schools.

-End-

-CITE-

42 USC Sec. 1762a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1762a. Commodity distribution program

-STATUTE-

(a) Applicable period; use of funds for purchase of agricultural

commodities and products for donation

Notwithstanding any other provision of law, the Secretary, during

the period beginning July 1, 1974, and ending September 30, 2003,

shall -

(1) use funds available to carry out the provisions of section

612c of title 7 which are not expended or needed to carry out

such provisions, to purchase (without regard to the provisions of

existing law governing the expenditure of public funds)

agricultural commodities and their products of the types

customarily purchased under such section (which may include

domestic seafood commodities and their products), for donation to

maintain the annually programmed level of assistance for programs

carried on under this chapter, the Child Nutrition Act of 1966

[42 U.S.C. 1771 et seq.], and title III of the Older Americans

Act of 1965 [42 U.S.C. 3021 et seq.]; and

(2) if stocks of the Commodity Credit Corporation are not

available, use the funds of such Corporation to purchase

agricultural commodities and their products of the types

customarily available under section 1431 of title 7, for such

donation.

(b) Nutrition quality and content information

(1) The Secretary shall maintain and continue to improve the

overall nutritional quality of entitlement commodities provided to

schools to assist the schools in improving the nutritional content

of meals.

(2) The Secretary shall -

(A) require that nutritional content information labels be

placed on packages or shipments of entitlement commodities

provided to the schools; or

(B) otherwise provide nutritional content information regarding

the commodities provided to the schools.

cash payments in lieu of donations

The Secretary may use funds appropriated from the general fund of

the Treasury to purchase agricultural commodities and their

products of the types customarily purchased for donation under

section 311(a)(4) (!1) of the Older Americans Act of 1965 or for

cash payments in lieu of such donations under section 311(b)(1)

(!1) of such Act. There are hereby authorized to be appropriated

such sums as are necessary to carry out the purposes of this

subsection.

(d) Assistance procedures; cost and benefits, review; technical

assistance; report to Congress; food quality standards

contracting procedures

In providing assistance under this chapter and the Child

Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] for school lunch and

breakfast programs, the Secretary shall establish procedures which

will -

(1) ensure that the views of local school districts and private

nonprofit schools with respect to the type of commodity

assistance needed in schools are fully and accurately reflected

in reports to the Secretary by the State with respect to State

commodity preferences and that such views are considered by the

Secretary in the purchase and distribution of commodities and by

the States in the allocation of such commodities among schools

within the States;

(2) solicit the views of States with respect to the

acceptability of commodities;

(3) ensure that the timing of commodity deliveries to States is

consistent with State school year calendars and that such

deliveries occur with sufficient advance notice;

(4) provide for systematic review of the costs and benefits of

providing commodities of the kind and quantity that are suitable

to the needs of local school districts and private nonprofit

schools; and

(5) make available technical assistance on the use of

commodities available under this chapter and the Child Nutrition

Act of 1966 [42 U.S.C. 1771 et seq.].

Within eighteen months after November 10, 1977, the Secretary shall

report to Congress on the impact of procedures established under

this subsection, including the nutritional, economic, and

administrative benefits of such procedures. In purchasing

commodities for programs carried out under this chapter and the

Child Nutrition Act of 1966, the Secretary shall establish

procedures to ensure that contracts for the purchase of such

commodities shall not be entered into unless the previous history

and current patterns of the contracting party with respect to

compliance with applicable meat inspection laws and with other

appropriate standards relating to the wholesomeness of food for

human consumption are taken into account.

(e) Consultation with school representatives

Each State agency that receives food assistance payments under

this section for any school year shall consult with representatives

of schools in the State that participate in the school lunch

program with respect to the needs of such schools relating to the

manner of selection and distribution of commodity assistance for

such program.

(f) Commodity only schools

Commodity only schools shall be eligible to receive donated

commodities equal in value to the sum of the national average value

of donated foods established under section 1755(c) of this title

and the national average payment established under section 1753 of

this title. Such schools shall be eligible to receive up to 5 cents

per meal of such value in cash for processing and handling expenses

related to the use of such commodities. Lunches served in such

schools shall consist of a combination of foods which meet the

minimum nutritional requirements prescribed by the Secretary under

section 1758(a) of this title, and shall represent the four basic

food groups, including a serving of fluid milk.

(g) Extension of alternative means of assistance

(1) As used in this subsection, the term "eligible school

district" has the same meaning given such term in section 1581(a)

of the Food Security Act of 1985.

(2) In accordance with the terms and conditions of section 1581

of such Act, the Secretary shall permit an eligible school district

to continue to receive assistance in the form of cash or commodity

letters of credit assistance, in lieu of commodities, to carry out

the school lunch program operated in the district.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 14, as added Pub. L. 93-326, Sec. 2,

June 30, 1974, 88 Stat. 286; amended Pub. L. 94-105, Sec. 10, Oct.

7, 1975, 89 Stat. 515; Pub. L. 95-166, Sec. 6, Nov. 10, 1977, 91

Stat. 1334; Pub. L. 95-627, Sec. 12(b), Nov. 10, 1978, 92 Stat.

3625; Pub. L. 96-499, title II, Sec. 202(c), Dec. 5, 1980, 94 Stat.

2600; Pub. L. 97-35, title VIII, Secs. 813(a), 819(j), Aug. 13,

1981, 95 Stat. 530, 533; Pub. L. 98-459, title VIII, Sec. 801(a),

Oct. 9, 1984, 98 Stat. 1792; Pub. L. 99-500, title III, Secs. 312,

363, Oct. 18, 1986, 100 Stat. 1783-360, 1783-368, and Pub. L.

99-591, title III, Secs. 312, 363, Oct. 30, 1986, 100 Stat.

3341-363, 3341-371; Pub. L. 99-661, div. D, title I, Sec. 4102,

title IV, Sec. 4403, Nov. 14, 1986, 100 Stat. 4071, 4079; Pub. L.

100-356, Sec. 2, June 28, 1988, 102 Stat. 669; Pub. L. 101-147,

title I, Sec. 103(a)-(b)(2)(A), (c), Nov. 10, 1989, 103 Stat. 882;

Pub. L. 103-448, title I, Sec. 115, Nov. 2, 1994, 108 Stat. 4713;

Pub. L. 104-193, title VII, Sec. 707, Aug. 22, 1996, 110 Stat.

2293; Pub. L. 105-336, title I, Secs. 101(b), 106, Oct. 31, 1998,

112 Stat. 3144, 3149.)

-REFTEXT-

REFERENCES IN TEXT

The Child Nutrition Act of 1966, referred to in subsecs. (a)(1)

and (d), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as

amended, which is classified generally to chapter 13A (Sec. 1771 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 1771 of this title

and Tables.

The Older Americans Act of 1965, referred to in subsecs. (a)(1)

and (c), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended.

Title III of the Older Americans Act of 1965 is classified

generally to subchapter III (Sec. 3021 et seq.) of chapter 35 of

this title. Section 311 of the Act, which is classified to section

3030a of this title, was amended by Pub. L. 106-501, title III,

Sec. 309, Nov. 13, 2000, 114 Stat. 2246, and, as so amended, new

subsecs. (a) and (b) were added, former subsec. (a)(4) was

redesignated (c)(4) and repealed, and former subsec. (b)(1) was

redesignated (d)(1). For complete classification of this Act to the

Code, see Short Title note set out under section 3001 of this title

and Tables.

Section 1581 of the Food Security Act, referred to in subsec.

(g), is section 1581 of Pub. L. 99-198, title XV, Dec. 23, 1985, 99

Stat. 1594, which is not classified to the Code.

-COD-

CODIFICATION

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

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-336, Sec. 106, substituted "2003"

for "1998" in introductory provisions.

Subsec. (f). Pub. L. 105-336, Sec. 101(b), substituted "1755(c)"

for "1755(e)".

1996 - Subsec. (b). Pub. L. 104-193, Sec. 707(a), redesignated

pars. (2) and (3) as (1) and (2), respectively, and struck out

former par. (1) which read as follows: "Among the products to be

included in the food donations to the school lunch program shall be

cereal and shortening and oil products."

Subsec. (e). Pub. L. 104-193, Sec. 707(b), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "Each

State educational agency that receives food assistance payments

under this section for any school year shall establish for such

year an advisory council, which shall be composed of

representatives of schools in the State that participate in the

school lunch program. The council shall advise such State agency

with respect to the needs of such schools relating to the manner of

selection and distribution of commodity assistance for such

program."

Subsec. (g)(3). Pub. L. 104-193, Sec. 707(c), struck out par. (3)

relating to cash compensation for losses due to changed methodology

of study during 1982-1983 school year.

1994 - Subsec. (a). Pub. L. 103-448, Sec. 115(1), substituted

"1998" for "1994" in introductory provisions.

Subsec. (b). Pub. L. 103-448, Sec. 115(2), designated existing

provisions as par. (1) and added pars. (2) and (3).

1989 - Subsec. (a). Pub. L. 101-147, Sec. 103(a), substituted

"1994" for "1989".

Subsec. (g). Pub. L. 101-147, Sec. 103(b)(1), (2)(A), amended

subsec. (g), as amended identically by Pub. L. 99-500 and 99-591,

Sec. 363, and Pub. L. 99-661, Sec. 4403, and as further amended by

Pub. L. 100-356, Sec. 2, to read as if only the amendment by Pub.

L. 99-661 was enacted, and further amended subsec. (g) identically

to the amendments that were made by section 2(a) and (b) of Pub. L.

100-356, resulting in changing text by striking out only the

language that was inserted by section 2(c) of Pub. L. 100-356 at

the end of par. (3)(A), "The Secretary shall complete action on any

claim submitted under this subparagraph not later than 45 days

after June 28, 1988.", see 1986 and 1988 Amendment notes below.

Subsec. (g)(3)(A). Pub. L. 101-147, Sec. 103(c), substituted last

four sentences for former last two sentences which read as follows:

"The Secretary, in computing losses sustained by any school

district under the preceding sentence, shall base such computation

on the actual amount of assistance received by such school district

under this chapter for the school year ending June 30, 1982,

including -

"(i) the value of assistance in the form of commodities

provided in addition to those provided pursuant to section

1755(e) of this title; and

"(ii) the value of assistance provided in the form of either

cash or commodity letters of credit.

The Secretary may provide cash compensation under this subparagraph

only to eligible school districts that submit applications for such

compensation not later than May 1, 1988."

1988 - Subsec. (g)(3)(A). Pub. L. 100-356, Sec. 2(c), inserted at

end "The Secretary shall complete action on any claim submitted

under this subparagraph not later than 45 days after June 28,

1988."

Pub. L. 100-356, Sec. 2(a), inserted at end "The Secretary, in

computing losses sustained by any school district under the

preceding sentence, shall base such computation on the actual

amount of assistance received by such school district under this

chapter for the school year ending June 30, 1982, including -

"(i) the value of assistance in the form of commodities

provided in addition to those provided pursuant to section

1755(e) of this title; and

"(ii) the value of assistance provided in the form of either

cash or commodity letters of credit.

The Secretary may provide cash compensation under this subparagraph

only to eligible school districts that submit applications for such

compensation not later than May 1, 1988."

Subsec. (g)(3)(B). Pub. L. 100-356, Sec. 2(b), substituted "such

sums as may be necessary" for "$50,000".

1986 - Subsec. (a). Pub. L. 99-500 and Pub. L. 99-591, Sec. 312,

and Pub. L. 99-661, Sec. 4102, amended subsec. (a) identically,

substituting "1989" for "1984".

Subsec. (g). Pub. L. 99-500 and Pub. L. 99-591, Sec. 363, and

Pub. L. 99-661, Sec. 4403, amended section identically, adding

subsec. (g).

1984 - Subsec. (c). Pub. L. 98-459 substituted "(b)(1)" for

"(c)(1)".

1981 - Subsec. (a)(1). Pub. L. 97-35, Sec. 819(j)(1), substituted

"III" for "VII".

Subsec. (c). Pub. L. 97-35, Sec. 819(j)(2), substituted

references to section 311(a)(4) and (c)(1) of the Older Americans

Act of 1965, for references to section 3045f(a)(4) and (d)(4) of

this title.

Subsec. (f). Pub. L. 97-35, Sec. 813(a), added subsec. (f).

1980 - Subsec. (a). Pub. L. 96-499 substituted "September 30,

1984" for "September 30, 1982".

1978 - Subsec. (a)(1). Pub. L. 95-627 inserted "(which may

include domestic seafood commodities and their products)" after

"under such section".

1977 - Subsec. (a). Pub. L. 95-166, Sec. 6(1), extended

termination date for termination of commodity distribution program

to Sept. 30, 1982, from Sept. 30, 1977.

Subsecs. (c) to (e). Pub. L. 95-166, Sec. 6(2), added subsecs.

1975 - Pub. L. 94-105 designated existing provisions as subsec.

(a), substituted "September 30, 1977" for "June 30, 1975", and

added subsec. (b).

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 1989 AMENDMENT

Section 103(b)(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 June 28,

1988."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-459 effective Oct. 9, 1984, see section

803(a) of Pub. L. 98-459, set out as a note under section 3001 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 813(a) of Pub. L. 97-35 effective 90 days

after Aug. 13, 1981, and amendment by section 819(j) of Pub. L.

97-35 effective Oct. 1, 1981, see section 820(a)(4), (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 Oct. 1, 1978, see section

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

title.

STUDY OF EFFECT OF COMBINING FEDERALLY DONATED AND FEDERALLY

INSPECTED MEAT OR POULTRY

Section 304 of Pub. L. 103-448 directed Comptroller General of

the United States to conduct study on incidence and effect of

States restricting or prohibiting legally contracted commercial

entity from physically combining federally donated and inspected

meat or poultry from another State and to submit report to Congress

not later than Sept. 1, 1996.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1755, 1760 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1763 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1763. Repealed. Pub. L. 101-147, title I, Sec. 104, Nov. 10,

1989, 103 Stat. 883

-MISC1-

Section, act June 4, 1946, ch. 281, Sec. 15, formerly Sec. 14, as

added May 14, 1970, Pub. L. 91-248, Sec. 9, 84 Stat. 213; amended

Nov. 7, 1973, Pub. L. 93-150, Sec. 8, 87 Stat. 564; renumbered Sec.

15, June 30, 1974, Pub. L. 93-326, Sec. 2, 88 Stat. 286; Nov. 10,

1977, Pub. L. 95-166, Sec. 16, 91 Stat. 1344; Aug. 13, 1981, Pub.

L. 97-35, title VIII, Sec. 819(i), 95 Stat. 533, established

National Advisory Council on Child Nutrition.

-End-

-CITE-

42 USC Sec. 1764 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1764. Repealed. Pub. L. 94-105, Sec. 22, Oct. 7, 1975, 89

Stat. 528

-MISC1-

Section, act June 4, 1946, ch. 281, Sec. 15, as added June 30,

1971, Pub. L. 92-32, Sec. 1, 85 Stat. 85, authorized use, during

fiscal 1971, of not to exceed $35,000,000 from section 612c of

Title 7, and not to exceed $100,000,000 during fiscal 1972 to carry

out provisions of this chapter, with unexpended funds to remain

available in accordance with last sentence of section 1752 of this

title.

-End-

-CITE-

42 USC Sec. 1765 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1765. Election to receive cash payments

-STATUTE-

(a) Notwithstanding any other provision of law, where a State

phased out its commodity distribution facilities prior to June 30,

1974, such State may, for purposes of the programs authorized by

this chapter and the Child Nutrition Act of 1966 [42 U.S.C. 1771 et

seq.], elect to receive cash payments in lieu of donated foods.

Where such an election is made, the Secretary shall make cash

payments to such State in an amount equivalent in value to the

donated foods that the State would otherwise have received if it

had retained its commodity distribution facilities. The amount of

cash payments in the case of lunches shall be governed by section

1755(c) of this title.

(b) When such payments are made, the State educational agency

shall promptly and equitably disburse any cash it receives in lieu

of commodities to eligible schools and institutions, and such

disbursements shall be used by such schools and institutions to

purchase United States agricultural commodities and other foods for

their food service programs.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 16, as added Pub. L. 94-105, Sec. 12,

Oct. 7, 1975, 89 Stat. 515; amended Pub. L. 101-147, title III,

Sec. 309, Nov. 10, 1989, 103 Stat. 915; Pub. L. 105-336, title I,

Sec. 101(b), Oct. 31, 1998, 112 Stat. 3144.)

-REFTEXT-

REFERENCES IN TEXT

The Child Nutrition Act of 1966, referred to in subsec. (a), is

Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is

classified generally to chapter 13A (Sec. 1771 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1771 of this title and

Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-336 substituted "1755(c)" for

"1755(e)".

1989 - Pub. L. 101-147 inserted "Election to receive cash

payments" as section catchline.

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.

-End-

-CITE-

42 USC Sec. 1766 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1766. Child and adult care food program

-STATUTE-

(a) Grant authority and institution eligibility

(1) Grant authority

The Secretary may carry out a program to assist States through

grants-in-aid and other means to initiate and maintain nonprofit

food service programs for children in institutions providing

child care.

(2) Definition of institution

In this section, the term "institution" means -

(A) any public or private nonprofit organization providing

nonresidential child care or day care outside school hours for

school children, including any child care center, settlement

house, recreational center, Head Start center, and institution

providing child care facilities for children with disabilities;

(B) any other private organization providing nonresidential

child care or day care outside school hours for school

children, if -

(i) during the period beginning on December 21, 2000, and

ending on September 30, 2002, at least 25 percent of the

children served by the organization meet the income

eligibility criteria established under section 1758(b) of

this title for free or reduced price meals; or

(ii) the organization receives compensation from amounts

granted to the States under title XX of the Social Security

Act (42 U.S.C. 1397 et seq.) (but only if the organization

receives compensation under that title for at least 25

percent of its enrolled children or 25 percent of its

licensed capacity, whichever is less);

sponsoring organization for one or more of the organizations

described in subparagraph (A) or (B) or for an adult day care

center (as defined in subsection (o)(2) of this section);

(D) any other private organization acting as a sponsoring

organization for, and that is part of the same legal entity as,

one or more organizations that are -

(i) described in subparagraph (B); or

(ii) proprietary title XIX or title XX centers (as defined

in subsection (o)(2) of this section);

(E) any public or private nonprofit organization acting as a

sponsoring organization for one or more family or group day

care homes; and

(F) any emergency shelter (as defined in subsection (t) of

this section).

(3) Age limit

Except as provided in subsection (r) of this section,

reimbursement may be provided under this section only for meals

or supplements served to children not over 12 years of age

(except that such age limitation shall not be applicable for

children of migrant workers if 15 years of age or less or for

children with disabilities).

(4) Additional guidelines

The Secretary may establish separate guidelines for

institutions that provide care to school children outside of

school hours.

(5) Licensing

In order to be eligible, an institution (except a school or

family or group day care home sponsoring organization) or family

or group day care home shall -

(A)(i) be licensed, or otherwise have approval, by the

appropriate Federal, State, or local licensing authority; or

(ii) be in compliance with appropriate procedures for

renewing participation in the program, as prescribed by the

Secretary, and not be the subject of information possessed by

the State indicating that the license of the institution or

home will not be renewed;

(B) if Federal, State, or local licensing or approval is not

available -

(i) meet any alternate approval standards established by

the appropriate State or local governmental agency; or

(ii) meet any alternate approval standards established by

the Secretary after consultation with the Secretary of Health

and Human Services; or

outside of school hours and Federal, State, or local licensing

or approval is not required for the institution, meet State or

local health and safety standards.

(6) Eligibility criteria

No institution shall be eligible to participate in the program

unless it satisfies the following criteria:

(A) accepts final administrative and financial responsibility

for management of an effective food service;

(B) has not been seriously deficient in its operation of the

child care food program, or any other program under this

chapter or the Child Nutrition Act of 1966 [42 U.S.C. 1771 et

seq.], or has not been determined to be ineligible to

participate in any other publicly funded program by reason of

violation of the requirements of the program, for a period of

time specified by the Secretary;

(C)(i) will provide adequate supervisory and operational

personnel for overall monitoring and management of the child

care food program; and

(ii) in the case of a sponsoring organization, the

organization shall employ an appropriate number of monitoring

personnel based on the number and characteristics of child care

centers and family or group day care homes sponsored by the

organization, as approved by the State (in accordance with

regulations promulgated by the Secretary), to ensure effective

oversight of the operations of the child care centers and

family or group day care homes;

(D) in the case of a family or group day care home sponsoring

organization that employs more than one employee, the

organization does not base payments to an employee of the

organization on the number of family or group day care homes

recruited;

(E) in the case of a sponsoring organization, the

organization has in effect a policy that restricts other

employment by employees that interferes with the

responsibilities and duties of the employees of the

organization with respect to the program; and

(F) in the case of a sponsoring organization that applies for

initial participation in the program on or after June 20, 2000,

and that operates in a State that requires such institutions to

be bonded under State law, regulation, or policy, the

institution is bonded in accordance with such law, regulation,

or policy.

(b) Limitations on cash assistance

For the fiscal year ending September 30, 1979, and for each

subsequent fiscal year, the Secretary shall provide cash assistance

to States for meals as provided in subsection (f) of this section,

except that, in any fiscal year, the aggregate amount of assistance

provided to a State by the Secretary under this section shall not

exceed the sum of (1) the Federal funds provided by the State to

participating institutions within the State for that fiscal year

and (2) any funds used by the State under section 10 of the Child

Nutrition Act of 1966 [42 U.S.C. 1779].

rate

(1) For purposes of this section, except as provided in

subsection (f)(3) of this section, the national average payment

rate for free lunches and suppers, the national average payment

rate for reduced price lunches and suppers, and the national

average payment rate for paid lunches and suppers shall be the same

as the national average payment rates for free lunches, reduced

price lunches, and paid lunches, respectively, under sections 1753

and 1759a of this title as appropriate (as adjusted pursuant to

section 1759a(a) of this title).

(2) For purposes of this section, except as provided in

subsection (f)(3) of this section, the national average payment

rate for free breakfasts, the national average payment rate for

reduced price breakfasts, and the national average payment rate for

paid breakfasts shall be the same as the national average payment

rates for free breakfasts, reduced price breakfasts, and paid

breakfasts, respectively, under section 4(b) of the Child Nutrition

Act of 1966 [42 U.S.C. 1773(b)] (as adjusted pursuant to section

1759a(a) of this title).

(3) For purposes of this section, except as provided in

subsection (f)(3) of this section, the national average payment

rate for free supplements shall be 30 cents, the national average

payment rate for reduced price supplements shall be one-half the

rate for free supplements, and the national average payment rate

for paid supplements shall be 2.75 cents (as adjusted pursuant to

section 1759a(a) of this title).

(4) Determinations with regard to eligibility for free and

reduced price meals and supplements shall be made in accordance

with the income eligibility guidelines for free lunches and reduced

price lunches, respectively, under section 1758 of this title.

(5) A child shall be considered automatically eligible for

benefits under this section without further application or

eligibility determination, if the child is enrolled as a

participant in a Head Start program authorized under the Head Start

Act (42 U.S.C. 9831 et seq.), on the basis of a determination that

the child is a member of a family that meets the low-income

criteria prescribed under section 645(a)(1)(A) of the Head Start

Act (42 U.S.C. 9840(a)(1)(A)).

(6) A child who has not yet entered kindergarten shall be

considered automatically eligible for benefits under this section

without further application or eligibility determination if the

child is enrolled as a participant in the Even Start program under

part B of chapter 1 of title I of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 2741 et seq.).(!1)

(d) Institution approval and applications

(1) Institution approval. -

(A) Administrative capability. - Subject to subparagraph (B)

and except as provided in subparagraph (C), the State agency

shall approve an institution that meets the requirements of this

section for participation in the child and adult care food

program if the State agency determines that the institution -

(i) is financially viable;

(ii) is administratively capable of operating the program

(including whether the sponsoring organization has business

experience and management plans appropriate to operate the

program) described in the application of the institution; and

(iii) has internal controls in effect to ensure program

accountability.

(B) Approval of private institutions. -

(i) In general. - In addition to the requirements established

by subparagraph (A) and subject to clause (ii), the State

agency shall approve a private institution that meets the

requirements of this section for participation in the child and

adult care food program only if -

(I) the State agency conducts a satisfactory visit to the

institution before approving the participation of the

institution in the program; and

(II) the institution -

(aa) has tax exempt status under title 26;

(bb) is operating a Federal program requiring nonprofit

status to participate in the program; or

(cc) is described in subsection (a)(2)(B) of this

section.

(ii) Exception for family or group day care homes. - Clause

(i) shall not apply to a family or group day care home.

(i) In general. - The State agency may approve an eligible

institution acting as a sponsoring organization for one or more

family or group day care homes or centers that, at the time of

application, is not participating in the child and adult care

food program only if the State agency determines that -

(I) the institution meets the requirements established by

subparagraphs (A) and (B); and

(II) the participation of the institution will help to

ensure the delivery of benefits to otherwise unserved family

or group day care homes or centers or to unserved children in

an area.

(ii) Criteria for selection. - The State agency shall

establish criteria for approving an eligible institution acting

as a sponsoring organization for one or more family or group

day care homes or centers that, at the time of application, is

not participating in the child and adult care food program for

the purpose of determining if the participation of the

institution will help ensure the delivery of benefits to

otherwise unserved family or group day care homes or centers or

to unserved children in an area.

(D) Notification to applicants. - Not later than 30 days after

the date on which an applicant institution files a completed

application with the State agency, the State agency shall notify

the applicant institution whether the institution has been

approved or disapproved to participate in the child and adult

care food program.

(2)(A) The Secretary shall develop a policy that -

(i) allows institutions providing child care that participate

in the program under this section, at the option of the State

agency, to reapply for assistance under this section at 3-year

intervals;

(ii)(I) requires periodic unannounced site visits at not less

than 3-year intervals to sponsored child care centers and family

or group day care homes to identify and prevent management

deficiencies and fraud and abuse under the program;

(II) requires at least one scheduled site visit each year to

sponsored child care centers and family or group day care homes

to identify and prevent management deficiencies and fraud and

abuse under the program and to improve program operations; and

(III) requires at least one scheduled site visit at not less

than 3-year intervals to sponsoring organizations and

nonsponsored child care centers to identify and prevent

management deficiencies and fraud and abuse under the program and

to improve program operations; and

(iii) requires periodic site visits to private institutions

that the State agency determines have a high probability of

program abuse.

(B) Each State agency that exercises the option authorized by

subparagraph (A) shall confirm on an annual basis that each such

institution is in compliance with the licensing or approval

provisions of subsection (a)(5) of this section.

(3) Program information. -

(A) In general. - On enrollment of a child in a sponsored child

care center or family or group day care home participating in the

program, the center or home (or its sponsoring organization)

shall provide to the child's parents or guardians -

(i) information that describes the program and its benefits;

and

(ii) the name and telephone number of the sponsoring

organization of the center or home and the State agency

involved in the operation of the program.

(B) Form. - The information described in subparagraph (A) shall

be in a form and, to the maximum extent practicable, language

easily understandable by the child's parents or guardians.

(4) Allowable administrative expenses for sponsoring

organizations. - In consultation with State agencies and sponsoring

organizations, the Secretary shall develop, and provide for the

dissemination to State agencies and sponsoring organizations of, a

list of allowable reimbursable administrative expenses for

sponsoring organizations under the program.

(5) Termination or suspension of participating organizations. -

(A) In general. - The Secretary shall establish procedures for

the termination of participation by institutions and family or

group day care homes under the program.

(B) Standards. - Procedures established pursuant to

subparagraph (A) shall include standards for terminating the

participation of an institution or family or group day care home

that -

(i) engages in unlawful practices, falsifies information

provided to the State agency, or conceals a criminal

background; or

(ii) substantially fails to fulfill the terms of its

agreement with the State agency.

subparagraph (A) -

(i) shall require an entity described in subparagraph (B) to

undertake corrective action; and

(ii) may require the immediate suspension of operation of the

program by an entity described in subparagraph (B), without the

opportunity for corrective action, if the State agency

determines that there is imminent threat to the health or

safety of a participant at the entity or the entity engages in

any activity that poses a threat to public health or safety.

(D) Hearing. -

(i) In general. - Except as provided in clause (ii), an

institution or family or group day care home shall be provided

a fair hearing in accordance with subsection (e)(1) of this

section prior to any determination to terminate participation

by the institution or family or group day care home under the

program.

(ii) Exception for false or fraudulent claims. -

(I) In general. - If a State agency determines that an

institution has knowingly submitted a false or fraudulent

claim for reimbursement, the State agency may suspend the

participation of the institution in the program in accordance

with this clause.

(II) Requirement for review. - Prior to any determination

to suspend participation of an institution under subclause

(I), the State agency shall provide for an independent review

of the proposed suspension in accordance with subclause

(III).

(III) Review procedure. - The review shall -

(aa) be conducted by an independent and impartial

official other than, and not accountable to, any person

involved in the determination to suspend the institution;

(bb) provide the State agency and the institution the

right to submit written documentation relating to the

suspension, including State agency documentation of the

alleged false or fraudulent claim for reimbursement and the

response of the institution to the documentation;

(cc) require the reviewing official to determine, based

on the review, whether the State agency has established,

based on a preponderance of the evidence, that the

institution has knowingly submitted a false or fraudulent

claim for reimbursement;

(dd) require the suspension to be in effect for not more

than 120 calendar days after the institution has received

notification of a determination of suspension in accordance

with this clause; and

(ee) require the State agency during the suspension to

ensure that payments continue to be made to sponsored

centers and family and group day care homes meeting the

requirements of the program.

(IV) Hearing. - A State agency shall provide an institution

that has been suspended from participation in the program

under this clause an opportunity for a fair hearing on the

suspension conducted in accordance with subsection (e)(1) of

this section.

(E) List of disqualified institutions and individuals. -

(i) In general. - The Secretary shall maintain a list of

institutions, sponsored family or group day care homes, and

individuals that have been terminated or otherwise disqualified

from participation in the program.

(ii) Availability. - The Secretary shall make the list

available to State agencies for use in approving or renewing

applications by institutions, sponsored family or group day

care homes, and individuals for participation in the program.

(e) Hearing

(1) Except as provided in paragraph (2), the State shall provide,

in accordance with regulations issued by the Secretary, a fair

hearing and a prompt determination to any institution aggrieved by

the action of the State as it affects the participation of such

institution in the program authorized by this section, or its claim

for reimbursement under this section.

(2) A State is not required to provide a hearing to an

institution concerning a State action taken on the basis of a

Federal audit determination.

(3) If a State does not provide a hearing to an institution

concerning a State action taken on the basis of a Federal audit

determination, the Secretary, on request, shall afford a hearing to

the institution concerning the action.

(f) State disbursements to institutions

(1) In general. -

(A) Requirement. - Funds paid to any State under this section

shall be disbursed to eligible institutions by the State under

agreements approved by the Secretary. Disbursements to any

institution shall be made only for the purpose of assisting in

providing meals to children attending institutions, or in family

or group day care homes. Disbursement to any institution shall

not be dependent upon the collection of moneys from participating

children. All valid claims from such institutions shall be paid

within forty-five days of receipt by the State. The State shall

notify the institution within fifteen days of receipt of a claim

if the claim as submitted is not valid because it is incomplete

or incorrect.

(B) Fraud or abuse. -

(i) In general. - The State may recover funds disbursed under

subparagraph (A) to an institution if the State determines that

the institution has engaged in fraud or abuse with respect to

the program or has submitted an invalid claim for

reimbursement.

(ii) Payment. - Amounts recovered under clause (i) -

(I) may be paid by the institution to the State over a

period of one or more years; and

(II) shall not be paid from funds used to provide meals and

supplements.

(iii) Hearing. - An institution shall be provided a fair

hearing in accordance with subsection (e)(1) of this section

prior to any determination to recover funds under this

subparagraph.

(2)(A) Subject to subparagraph (B) of this paragraph, the

disbursement for any fiscal year to any State for disbursement to

institutions, other than family or group day care home sponsoring

organizations, for meals provided under this section shall be equal

to the sum of the products obtained by multiplying the total number

of each type of meal (breakfast, lunch or supper, or supplement)

served in such institution in that fiscal year by the applicable

national average payment rate for each such type of meal, as

determined under subsection (c) of this section.

(B) No reimbursement may be made to any institution under this

paragraph, or to family or group day care home sponsoring

organizations under paragraph (3) of this subsection, for more than

two meals and one supplement per day per child, or in the case of

an institution (but not in the case of a family or group day care

home sponsoring organization), 2 meals and 1 supplement per day per

child, for children that are maintained in a child care setting for

eight or more hours per day.

organizations. -

(i) In general. - Except as provided in clause (ii), a

sponsoring organization of a day care center may reserve not more

than 15 percent of the funds provided under paragraph (1) for the

administrative expenses of the organization.

(ii) Waiver. - A State may waive the requirement in clause (i)

with respect to a sponsoring organization if the organization

provides justification to the State that the organization

requires funds in excess of 15 percent of the funds provided

under paragraph (1) to pay the administrative expenses of the

organization.

(3) Reimbursement of family or group day care home sponsoring

organizations. -

(A) Reimbursement factor. -

(i) In general. - An institution that participates in the

program under this section as a family or group day care home

sponsoring organization shall be provided, for payment to a

home sponsored by the organization, reimbursement factors in

accordance with this subparagraph for the cost of obtaining and

preparing food and prescribed labor costs involved in providing

meals under this section.

(ii) Tier i family or group day care homes. -

(I) Definition of tier i family or group day care home. -

In this paragraph, the term "tier I family or group day care

home" means -

(aa) a family or group day care home that is located in a

geographic area, as defined by the Secretary based on

census data, in which at least 50 percent of the children

residing in the area are members of households whose

incomes meet the income eligibility guidelines for free or

reduced price meals under section 1758 of this title;

(bb) a family or group day care home that is located in

an area served by a school enrolling elementary students in

which at least 50 percent of the total number of children

enrolled are certified eligible to receive free or reduced

price school meals under this chapter or the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or

(cc) a family or group day care home that is operated by

a provider whose household meets the income eligibility

guidelines for free or reduced price meals under section

1758 of this title and whose income is verified by the

sponsoring organization of the home under regulations

established by the Secretary.

(II) Reimbursement. - Except as provided in subclause

(III), a tier I family or group day care home shall be

provided reimbursement factors under this clause without a

requirement for documentation of the costs described in

clause (i), except that reimbursement shall not be provided

under this subclause for meals or supplements served to the

children of a person acting as a family or group day care

home provider unless the children meet the income eligibility

guidelines for free or reduced price meals under section 1758

of this title.

(III) Factors. - Except as provided in subclause (IV), the

reimbursement factors applied to a home referred to in

subclause (II) shall be the factors in effect on July 1,

1996.

(IV) Adjustments. - The reimbursement factors under this

subparagraph shall be adjusted on July 1, 1997, and each July

1 thereafter, to reflect changes in the Consumer Price Index

for food at home for the most recent 12-month period for

which the data are available. The reimbursement factors under

this subparagraph shall be rounded to the nearest lower cent

increment and based on the unrounded adjustment in effect on

June 30 of the preceding school year.

(iii) Tier ii family or group day care homes. -

(I) In general. -

(aa) Factors. - Except as provided in subclause (II),

with respect to meals or supplements served under this

clause by a family or group day care home that does not

meet the criteria set forth in clause (ii)(I), the

reimbursement factors shall be 95 cents for lunches and

suppers, 27 cents for breakfasts, and 13 cents for

supplements.

(bb) Adjustments. - The factors shall be adjusted on July

1, 1997, and each July 1 thereafter, to reflect changes in

the Consumer Price Index for food at home for the most

recent 12-month period for which the data are available.

The reimbursement factors under this item shall be rounded

down to the nearest lower cent increment and based on the

unrounded adjustment for the preceding 12-month period.

(cc) Reimbursement. - A family or group day care home

shall be provided reimbursement factors under this

subclause without a requirement for documentation of the

costs described in clause (i), except that reimbursement

shall not be provided under this subclause for meals or

supplements served to the children of a person acting as a

family or group day care home provider unless the children

meet the income eligibility guidelines for free or reduced

price meals under section 1758 of this title.

(II) Other factors. - A family or group day care home that

does not meet the criteria set forth in clause (ii)(I) may

elect to be provided reimbursement factors determined in

accordance with the following requirements:

(aa) Children eligible for free or reduced price meals. -

In the case of meals or supplements served under this

subsection to children who are members of households whose

incomes meet the income eligibility guidelines for free or

reduced price meals under section 1758 of this title, the

family or group day care home shall be provided

reimbursement factors set by the Secretary in accordance

with clause (ii)(III).

(bb) Ineligible children. - In the case of meals or

supplements served under this subsection to children who

are members of households whose incomes do not meet the

income eligibility guidelines, the family or group day care

home shall be provided reimbursement factors in accordance

with subclause (I).

(III) Information and determinations. -

(aa) In general. - If a family or group day care home

elects to claim the factors described in subclause (II),

the family or group day care home sponsoring organization

serving the home shall collect the necessary income

information, as determined by the Secretary, from any

parent or other caretaker to make the determinations

specified in subclause (II) and shall make the

determinations in accordance with rules prescribed by the

Secretary.

(bb) Categorical eligibility. - In making a determination

under item (aa), a family or group day care home sponsoring

organization may consider a child participating in or

subsidized under, or a child with a parent participating in

or subsidized under, a federally or State supported child

care or other benefit program with an income eligibility

limit that does not exceed the eligibility standard for

free or reduced price meals under section 1758 of this

title to be a child who is a member of a household whose

income meets the income eligibility guidelines under

section 1758 of this title.

(cc) Factors for children only. - A family or group day

care home may elect to receive the reimbursement factors

prescribed under clause (ii)(III) solely for the children

participating in a program referred to in item (bb) if the

home elects not to have income statements collected from

parents or other caretakers.

(IV) Simplified meal counting and reporting procedures. -

The Secretary shall prescribe simplified meal counting and

reporting procedures for use by a family or group day care

home that elects to claim the factors under subclause (II)

and by a family or group day care home sponsoring

organization that sponsors the home. The procedures the

Secretary prescribes may include 1 or more of the following:

(aa) Setting an annual percentage for each home of the

number of meals served that are to be reimbursed in

accordance with the reimbursement factors prescribed under

clause (ii)(III) and an annual percentage of the number of

meals served that are to be reimbursed in accordance with

the reimbursement factors prescribed under subclause (I),

based on the family income of children enrolled in the home

in a specified month or other period.

(bb) Placing a home into 1 of 2 or more reimbursement

categories annually based on the percentage of children in

the home whose households have incomes that meet the income

eligibility guidelines under section 1758 of this title,

with each such reimbursement category carrying a set of

reimbursement factors such as the factors prescribed under

clause (ii)(III) or subclause (I) or factors established

within the range of factors prescribed under clause

(ii)(III) and subclause (I).

(cc) Such other simplified procedures as the Secretary

may prescribe.

(V) Minimum verification requirements. - The Secretary may

establish any minimum verification requirements that are

necessary to carry out this clause.

(B) Family or group day care home sponsoring organizations

shall also receive reimbursement for their administrative

expenses in amounts not exceeding the maximum allowable levels

prescribed by the Secretary. Such levels shall be adjusted July 1

of each year to reflect changes in the Consumer Price Index for

all items for the most recent 12-month period for which such data

are available.

(C)(i) Reimbursement for administrative expenses shall also

include start-up funds to finance the administrative expenses for

such institutions to initiate successful operation under the

program and expansion funds to finance the administrative

expenses for such institutions to expand into low-income or rural

areas. Institutions that have received start-up funds may also

apply at a later date for expansion funds. Such start-up funds

and expansion funds shall be in addition to other reimbursement

to such institutions for administrative expenses. Start-up funds

and expansion funds shall be payable to enable institutions

satisfying the criteria of subsection (d) of this section, and

any other standards prescribed by the Secretary, to develop an

application for participation in the program as a family or group

day care home sponsoring organization or to implement the program

upon approval of the application. Such start-up funds and

expansion funds shall be payable in accordance with the

procedures prescribed by the Secretary. The amount of start-up

funds and expansion funds payable to an institution shall be not

less than the institution's anticipated reimbursement for

administrative expenses under the program for one month and not

more than the institution's anticipated reimbursement for

administrative expenses under the program for two months.

(ii) Funds for administrative expenses may be used by family or

group day care home sponsoring organizations to assist unlicensed

family or group day care homes in becoming licensed.

(D) Limitations on ability of family or group day care homes to

transfer sponsoring organizations. -

(i) In general. - Subject to clause (ii), a State agency

shall limit the ability of a family or group day care home to

transfer from a sponsoring organization to another sponsoring

organization more frequently than once a year.

(ii) Good cause. - The State agency may permit or require a

family or group day care home to transfer from a sponsoring

organization to another sponsoring organization more frequently

than once a year for good cause (as determined by the State

agency), including circumstances in which the sponsoring

organization of the family or group day care home ceases to

participate in the child and adult care food program.

(E) Provision of data to family or group day care home

sponsoring organizations. -

(i) Census data. - The Secretary shall provide to each State

agency administering a child and adult care food program under

this section data from the most recent decennial census survey

or other appropriate census survey for which the data are

available showing which areas in the State meet the

requirements of subparagraph (A)(ii)(I)(aa). The State agency

shall provide the data to family or group day care home

sponsoring organizations located in the State.

(ii) School data. -

(I) In general. - A State agency administering the school

lunch program under this chapter or the school breakfast

program under the Child Nutrition Act of 1966 (42 U.S.C. 1771

et seq.) shall provide to approved family or group day care

home sponsoring organizations a list of schools serving

elementary school children in the State in which not less

than 1/2 of the children enrolled are certified to receive

free or reduced price meals. The State agency shall collect

the data necessary to create the list annually and provide

the list on a timely basis to any approved family or group

day care home sponsoring organization that requests the list.

(II) Use of data from preceding school year. - In

determining for a fiscal year or other annual period whether

a home qualifies as a tier I family or group day care home

under subparagraph (A)(ii)(I), the State agency administering

the program under this section, and a family or group day

care home sponsoring organization, shall use the most current

available data at the time of the determination.

(iii) Duration of determination. - For purposes of this

section, a determination that a family or group day care home

is located in an area that qualifies the home as a tier I

family or group day care home (as the term is defined in

subparagraph (A)(ii)(I)), shall be in effect for 3 years

(unless the determination is made on the basis of census data,

in which case the determination shall remain in effect until

more recent census data are available) unless the State agency

determines that the area in which the home is located no longer

qualifies the home as a tier I family or group day care home.

(4) By the first day of each month of operation, the State may

provide advance payments for the month to each approved institution

in an amount that reflects the full level of valid claims

customarily received from such institution for one month's

operation. In the case of a newly participating institution, the

amount of the advance shall reflect the State's best estimate of

the level of valid claims such institutions will submit. If the

State has reason to believe that an institution will not be able to

submit a valid claim covering the period for which such an advance

has been made, the subsequent month's advance payment shall be

withheld until the State receives a valid claim. Payments advanced

to institutions that are not subsequently deducted from a valid

claim for reimbursement shall be repaid upon demand by the State.

Any prior payment that is under dispute may be subtracted from an

advance payment.

(g) Meals served by participating institutions; compliance

assistance

(1)(A) Meals served by institutions participating in the program

under this section shall consist of a combination of foods that

meet minimum nutritional requirements prescribed by the Secretary

on the basis of tested nutritional research.

(B) The Secretary shall provide technical assistance to those

institutions participating in the program under this section to

assist the institutions and family or group day care home

sponsoring organizations in complying with the nutritional

requirements prescribed by the Secretary pursuant to subparagraph

(A).

(2) No physical segregation or other discrimination against any

child shall be made because of his or her inability to pay, nor

shall there be any overt identification of any such child by

special tokens or tickets, different meals or meal service,

announced or published lists of names, or other means.

(3) Each institution shall, insofar as practicable, use in its

food service foods designated from time to time by the Secretary as

being in abundance, either nationally or in the food service area,

or foods donated by the Secretary.

(h) Donation of agricultural commodities by Secretary; measurement

of value; annual readjustment of assistance; cash in lieu of

commodities; Department of Defense child care feeding program

(1)(A) The Secretary shall donate agricultural commodities

produced in the United States for use in institutions participating

in the child care food program under this section.

(B) The value of the commodities donated under subparagraph (A)

(or cash in lieu of commodities) to each State for each school year

shall be, at a minimum, the amount obtained by multiplying the

number of lunches and suppers served in participating institutions

in that State during the preceding school year by the rate for

commodities or cash in lieu of commodities established under

section 1755(c) of this title for the school year concerned.

(i) reconcile the number of lunches and suppers served in

participating institutions in each State during such school year

with the number of lunches and suppers served by participating

institutions in each State during the preceding school year; and

(ii) based on such reconciliation, increase or reduce

subsequent commodity assistance or cash in lieu of commodities

provided to each State.

(D) Any State receiving assistance under this section for

institutions participating in the child care food program may, upon

application to the Secretary, receive cash in lieu of some or all

of the commodities to which it would otherwise be entitled under

this subsection. In determining whether to request cash in lieu of

commodities, the State shall base its decision on the preferences

of individual participating institutions within the State, unless

this proves impracticable due to the small number of institutions

preferring donated commodities.

(2) The Secretary is authorized to provide agricultural

commodities obtained by the Secretary under the provisions of the

Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) and donated under

the provisions of section 416 of such Act [7 U.S.C. 1431], to the

Department of Defense for use by its institutions providing child

care services, when such commodities are in excess of the

quantities needed to meet the needs of all other child nutrition

programs, domestic and foreign food assistance and export

enhancement programs. The Secretary shall require reimbursement

from the Department of Defense for the costs, or some portion

thereof, of delivering such commodities to overseas locations,

unless the Secretary determines that it is in the best interest of

the program that the Department of Agriculture shall assume such

costs.

(i) Availability of money for audits

The Secretary shall make available for each fiscal year to States

administering the child care food program, for the purpose of

conducting audits of participating institutions, an amount up to

1.5 percent (except, in the case of each of fiscal years 2005

through 2007, 1 percent) of the funds used by each State in the

program under this section, during the second preceding fiscal

year.

(j) Standard form agreement regulations

The Secretary may issue regulations directing States to develop

and provide for the use of a standard form of agreement between

each family or group day care sponsoring organization and the

family or group day care homes participating in the program under

such organization, for the purpose of specifying the rights and

responsibilities of each party.

(k) Training and technical assistance

A State participating in the program established under this

section shall provide sufficient training, technical assistance,

and monitoring to facilitate effective operation of the program.

The Secretary shall assist the State in developing plans to fulfill

the requirements of this subsection.

(l) Non-diminishment of State and local funds

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 section.

(m) Accounts and records

States and institutions participating in the program 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 the requirements of this section. Such accounts and records

shall be available at any reasonable time for inspection and audit

by representatives of the Secretary, the Comptroller General of the

United States, and appropriate State representatives and shall be

preserved for such period of time, not in excess of five years, as

the Secretary determines necessary.

(n) Authorization of appropriations

There are hereby authorized to be appropriated for each fiscal

year such funds as are necessary to carry out the purposes of this

section.

(o) Participation of older persons and chronically impaired

disabled persons

(1) For purposes of this section, adult day care centers shall be

considered eligible institutions for reimbursement for meals or

supplements served to persons 60 years of age or older or to

chronically impaired disabled persons, including victims of

Alzheimer's disease and related disorders with neurological and

organic brain dysfunction. Reimbursement provided to such

institutions for such purposes shall improve the quality of meals

or level of services provided or increase participation in the

program. Lunches served by each such institution for which

reimbursement is claimed under this section shall provide, on the

average, approximately 1/3 of the daily recommended dietary

allowance established by the Food and Nutrition Board of the

National Research Council of the National Academy of Sciences. Such

institutions shall make reasonable efforts to serve meals that meet

the special dietary requirements of participants, including efforts

to serve foods in forms palatable to participants.

(2) For purposes of this subsection -

(A) the term "adult day care center" means any public agency or

private nonprofit organization, or any proprietary title XIX or

title XX center, which -

(i) is licensed or approved by Federal, State, or local

authorities to provide adult day care services to chronically

impaired disabled adults or persons 60 years of age or older in

a group setting outside their homes, or a group living

arrangement, on a less than 24-hour basis; and

(ii) provides for such care and services directly or under

arrangements made by the agency or organization whereby the

agency or organization maintains professional management

responsibility for all such services; and

(B) the term "proprietary title XIX or title XX center" means

any private, for-profit center providing adult day care services

for which it receives compensation from amounts granted to the

States under title XIX or XX of the Social Security Act [42

U.S.C. 1396 et seq., 1397 et seq.] and which title XIX or title

XX beneficiaries were not less than 25 percent of enrolled

eligible participants in a calendar month preceding initial

application or annual reapplication for program participation.

(3)(A) The Secretary, in consulation (!2) with the Assistant

Secretary for Aging, shall establish, within 6 months of October 1,

1988, separate guidelines for reimbursement of institutions

described in this subsection. Such reimbursement shall take into

account the nutritional requirements of eligible persons, as

determined by the Secretary on the basis of tested nutritional

research, except that such reimbursement shall not be less than

would otherwise be required under this section.

(B) The guidelines shall contain provisions designed to assure

that reimbursement under this subsection shall not duplicate

reimbursement under part C of title III of the Older Americans Act

of 1965 [42 U.S.C. 3030e et seq.], for the same meal served.

(4) For the purpose of establishing eligibility for free or

reduced price meals or supplements under this subsection, income

shall include only the income of an eligible person and, if any,

the spouse and dependents with whom the eligible person resides.

(5) A person described in paragraph (1) shall be considered

automatically eligible for free meals or supplements under this

subsection, without further application or eligibility

determination, if the person is -

(A) a member of a household receiving assistance under the Food

Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or

(B) a recipient of assistance under title XVI or XIX of the

Social Security Act [42 U.S.C. 1381 et seq., 1396 et seq.].

(6) The Governor of any State may designate to administer the

program under this subsection a State agency other than the agency

that administers the child care food program under this section.

(p) Demonstration projects for qualification under this section of

private for-profit organizations providing nonresidential day

care services

(1) From amounts appropriated or otherwise made available for

purposes of carrying out this section, the Secretary shall carry

out State-wide demonstration projects in three States under which

private for-profit organizations providing nonresidential day care

services shall qualify as institutions for the purposes of this

section. An organization may participate in a demonstration project

described in the preceding sentence if -

(A) at least 25 percent of the children enrolled in the

organization or 25 percent of the licensed capacity of the

organization for children, whichever is less, meet the income

eligibility criteria established under section 1758(b) of this

title for free or reduced price meals; and

(B) as a result of the participation of the organization in the

project -

(i) the nutritional content or quality of meals and snacks

served to children under the care of such organization will be

improved; or

(ii) fees charged by such organization for the care of the

children described in subparagraph (A) will be lowered.

(2) Under each such project, the Secretary shall examine -

(A) the budgetary impact of the change in eligibility being

tested;

(B) the extent to which, as a result of such change, additional

low-income children can be reached; and

(3) The Secretary shall choose to conduct demonstration projects

under this subsection in -

(A) 1 State that -

(i) has a history of participation of for-profit

organizations in the child care food program;

(ii) allocates a significant proportion of the amounts it

receives for child care under title XX of the Social Security

Act [42 U.S.C. 1397 et seq.] in a manner that allows low-income

parents to choose the type of child care their children will

receive;

(iii) has other funding mechanisms that support parental

choice for child care;

(iv) has a large, State-regulated for-profit child care

industry that serves low-income children; and

(v) has large sponsors of family or group day care homes that

have a history of recruiting and sponsoring for-profit child

care centers in the child care food program;

(B) 1 State in which -

(i) the majority of children for whom child care arrangements

are made are being cared for in center-based child care

facilities;

(ii) for-profit child care centers and preschools are located

throughout the State and serve both rural and urban

populations;

(iii) at least 1/3 of the licensed child care centers and

preschools operate as for-profit facilities;

(iv) all licensed facilities are subject to identical

nutritional requirements for food service that are similar to

those required under the child care food program; and

(v) less than 1 percent of child care centers participating

in the child care food program receive assistance under title

XX of the Social Security Act [42 U.S.C. 1397 et seq.]; and

(i) with fewer than 60,000 children below 5 years of age;

(ii) that serves more than the national average proportion of

children potentially eligible for assistance provided under the

Child Care and Development Fund (as indicated in data published

by the Department of Health and Human Services in October

1999);

(iii) that exempts all low-income families from cost sharing

requirements under programs funded by the Child Care and

Development Fund; and

(iv) in which State spending represents more than 50 percent

of total expenditures reported for fiscal year 1998 under the

Child Care and Development Fund.

(q) Management support

(1) Technical and training assistance

In addition to the training and technical assistance that is

provided to State agencies under other provisions of this chapter

and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the

Secretary shall provide training and technical assistance in

order to assist the State agencies in improving their program

management and oversight under this section.

(2) Technical and training assistance for identification and

prevention of fraud and abuse

As part of training and technical assistance provided under

paragraph (1), the Secretary shall provide training on a

continuous basis to State agencies, and shall ensure that such

training is provided to sponsoring organizations, for the

identification and prevention of fraud and abuse under the

program and to improve management of the program.

(3) Funding

For each of fiscal years 1999 through 2003, the Secretary shall

reserve to carry out paragraph (1) $1,000,000 of the amounts made

available to carry out this section.

(r) Program for at-risk school children

(1) Definition of at-risk school child

In this subsection, the term "at-risk school child" means a

school child who -

(A) is not more than 18 years of age, except that the age

limitation provided by this subparagraph shall not apply to a

child described in section 1760(d)(1)(A) of this title; and

(B) participates in a program authorized under this section

operated at a site located in a geographical area served by a

school in which at least 50 percent of the children enrolled

are certified as eligible to receive free or reduced price

school meals under this chapter or the Child Nutrition Act of

1966 (42 U.S.C. 1771 et seq.).

(2) Participation in child and adult care food program

An institution may participate in the program authorized under

this section only if the institution provides meals or

supplements under a program -

(A) organized primarily to provide care to at-risk school

children during after-school hours, weekends, or holidays

during the regular school year; and

(B) with an educational or enrichment purpose.

(3) Administration

Except as otherwise provided in this subsection, the other

provisions of this section apply to an institution described in

paragraph (2).

(4) Meal and supplement reimbursement

(A) Limitations

An institution may claim reimbursement under this subsection

only for one meal per child per day and one supplement per

child per day served under a program organized primarily to

provide care to at-risk school children during after-school

hours, weekends, or holidays during the regular school year.

(B) Rates

(i) Meals

A meal shall be reimbursed under this subsection at the

rate established for free meals under subsection (c) of this

section.

(ii) Supplements

A supplement shall be reimbursed under this subsection at

the rate established for a free supplement under subsection

(c)(3) of this section.

A meal or supplement claimed for reimbursement under this

subsection shall be served without charge.

(5) Limitation

The Secretary shall limit reimbursement under this subsection

for meals served under a program to institutions located in seven

States, of which five States shall be Illinois, Pennsylvania,

Missouri, Delaware, and Michigan and two States shall be approved

by the Secretary through a competitive application process.

(s) Information concerning the special supplemental nutrition

program for women, infants, and children

(1) In general

The Secretary shall provide each State agency administering a

child and adult care food program under this section with

information concerning 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).

(2) Requirements for State agencies

Each State agency shall ensure that each participating family

and group day care home and child care center (other than an

institution providing care to school children outside school

hours) -

(A) receives materials that include -

(i) a basic explanation of the importance and benefits of

the special supplemental nutrition program for women,

infants, and children;

(ii) the maximum State income eligibility standards,

according to family size, for the program; and

(iii) information concerning how benefits under the program

may be obtained;

(B) receives periodic updates of the information described in

subparagraph (A); and

parents of enrolled children at enrollment.

(t) Participation by emergency shelters

(1) Definition of emergency shelter

In this subsection, the term "emergency shelter" means -

(A) an emergency shelter (as defined in section 11351 of this

title); or

(B) a site operated by the shelter.

(2) Administration

Except as otherwise provided in this subsection, an emergency

shelter shall be eligible to participate in the program

authorized under this section in accordance with the terms and

conditions applicable to eligible institutions described in

subsection (a) of this section.

(3) Licensing requirements

The licensing requirements contained in subsection (a)(1) (!3)

of this section shall not apply to an emergency shelter.

(4) Health and safety standards

To be eligible to participate in the program authorized under

this section, an emergency shelter shall comply with applicable

State or local health and safety standards.

(5) Meal or supplement reimbursement

(A) Limitations

An emergency shelter may claim reimbursement under this

subsection -

(i) only for a meal or supplement served to children

residing at an emergency shelter, if the children are -

(I) not more than 12 years of age;

(II) children of migrant workers, if the children are not

more than 15 years of age; or

(III) children with disabilities; and

(ii) for not more than 3 meals, or 2 meals and a

supplement, per child per day.

(B) Rate

A meal or supplement eligible for reimbursement shall be

reimbursed at the rate at which free meals and supplements are

reimbursed under subsection (c) of this section.

A meal or supplement claimed for reimbursement shall be

served without charge.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 17, as added Pub. L. 94-105, Sec. 16,

Oct. 7, 1975, 89 Stat. 522; amended Pub. L. 95-166, Secs. 3, 19(d),

Nov. 10, 1977, 91 Stat. 1332, 1345; Pub. L. 95-627, Sec. 2, Nov.

10, 1978, 92 Stat. 3603; Pub. L. 96-499, title II, Secs. 207(a),

208(b), (c), Dec. 5, 1980, 94 Stat. 2602; Pub. L. 97-35, title

VIII, Secs. 810, 817(c), 819(k), Aug. 13, 1981, 95 Stat. 528, 532,

534; Pub. L. 99-500, title III, Secs. 361, 372(a), Oct. 18, 1986,

100 Stat. 1783-367, 1783-369, and Pub. L. 99-591, title III, Secs.

361, 372(a), Oct. 30, 1986, 100 Stat. 3341-370, 3341-372; Pub. L.

99-661, div. D, title IV, Sec. 4401, title V, Sec. 4502(a), Nov.

14, 1986, 100 Stat. 4079, 4080; Pub. L. 100-175, title IV, Sec.

401, Nov. 29, 1987, 101 Stat. 972; Pub. L. 100-435, title II, Secs.

211, 214, Sept. 19, 1988, 102 Stat. 1657, 1659; Pub. L. 100-460,

title VI, Sec. 641, Oct. 1, 1988, 102 Stat. 2265; Pub. L. 101-147,

title I, Secs. 105(a), (b), 131(b), title II, Sec. 204(a), title

III, Secs. 310, 312(2), Nov. 10, 1989, 103 Stat. 883, 907, 909,

915, 916; Pub. L. 102-342, title II, Secs. 202, 203, Aug. 14, 1992,

106 Stat. 913; Pub. L. 102-375, title VIII, Sec. 811(a), Sept. 30,

1992, 106 Stat. 1295; Pub. L. 103-171, Sec. 3(b)(4), Dec. 2, 1993,

107 Stat. 1991; Pub. L. 103-448, title I, Secs. 105(c), 109(b),

116, Nov. 2, 1994, 108 Stat. 4702, 4705, 4714; Pub. L. 104-193,

title VII, Sec. 708(a)-(j), Aug. 22, 1996, 110 Stat. 2293-2299;

Pub. L. 105-336, title I, Secs. 101(b), 107(a)-(j)(1), (2)(B),

(3)(C), Oct. 31, 1998, 112 Stat. 3144, 3149-3153; Pub. L. 106-224,

title II, Sec. 243(a), (b)(1)-(4)(A), (5), (c)-(g)(1), (h), (i),

June 20, 2000, 114 Stat. 413-420; Pub. L. 106-400, Sec. 2, Oct. 30,

2000, 114 Stat. 1675; Pub. L. 106-472, title III, Sec. 307(c), Nov.

9, 2000, 114 Stat. 2073; Pub. L. 106-554, Sec. 1(a)(4) [div. B,

title I, Sec. 101(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-214;

Pub. L. 107-76, title VII, Secs. 743, 771, Nov. 28, 2001, 115 Stat.

738, 745.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsecs. (a)(2)(B)(ii),

(o)(2)(B), (5)(B), and (p)(3)(A)(ii), (B)(v), is act Aug. 14, 1935,

ch. 531, 49 Stat. 620, as amended. Titles XVI, XIX, and XX of the

Act are classified generally to subchapters XVI (Sec. 1381 et

seq.), XIX (Sec. 1396 et seq.), and XX (Sec. 1397 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 Child Nutrition Act of 1966, referred to in subsecs.

(a)(6)(B), (f)(3)(A)(ii)(I)(bb), (E)(ii)(I), (q)(1), and (r)(1)(B),

is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which

is classified generally to chapter 13A (Sec. 1771 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1771 of this title and

Tables.

The Head Start Act, referred to in subsec. (c)(5), is subchapter

B (Secs. 635-657) of chapter 8 of subtitle A of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified

generally to subchapter II (Sec. 9831 et seq.) of chapter 105 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 9801 of this title and

Tables.

Part B of chapter 1 of title I of the Elementary and Secondary

Education Act of 1965, referred to in subsec. (c)(6), means part B

of chapter 1 of title I of Pub. L. 89-10 which was classified

generally to part B (Sec. 2741 et seq.) of division 1 of subchapter

I of chapter 47 of Title 20, Education, prior to being omitted in

the general amendment of Pub. L. 89-10 by Pub. L. 103-382, title I,

Sec. 101, Oct. 20, 1994, 108 Stat. 3519.

The Agricultural Act of 1949, referred to in subsec. (h)(2), is

act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is

classified principally to chapter 35A (Sec. 1421 et seq.) of Title

7, Agriculture. For complete classification of this Act to the

Code, see Short Title note set out under section 1421 of Title 7

and Tables.

The Older Americans Act of 1965, referred to in subsec.

(o)(3)(B), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as

amended. Part C of title III of the Older Americans Act of 1965 is

classified generally to part C (Sec. 3030e et seq.) of subchapter

III of chapter 35 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

3001 of this title and Tables.

The Food Stamp Act of 1977, referred to in subsec. (o)(5)(A), is

Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is

classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title note set out under section 2011 of Title 7 and

Tables.

Subsection (a) of this section, referred to in subsec. (t)(3),

was amended by Pub. L. 106-224, title II, Sec. 243(a), June 20,

2000, 114 Stat. 413, and, as so amended, provisions formerly

contained in subsec. (a)(1) are now contained in subsec. (a)(5).

-COD-

CODIFICATION

October 1, 1988, referred to in subsec. (o)(3)(A) [formerly

(p)(3)(A)], was in the original "enactment", which was translated

as meaning the date of enactment of Pub. L. 100-460, which amended

subsec. (p)(3)(A) generally, to reflect the probable intent of

Congress.

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

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(2)(B)(i). Pub. L. 107-76, Sec. 743,

substituted "2002" for "2001".

Subsec. (r)(5). Pub. L. 107-76, Sec. 771, substituted "located in

seven" for "located in six" and "of which five" for "of which four"

and inserted "Illinois," before "Pennsylvania".

2000 - Pub. L. 106-472, Sec. 307(c)(1)(A), made technical

amendment to section catchline.

Subsec. (a). Pub. L. 106-224, Sec. 243(a)(1)-(7), inserted

subsec. (a) heading, inserted par. (1) designation and heading

before "The Secretary may carry", substituted par. (2) for "For

purposes of this section, the term 'institution' means any public

or private nonprofit organization providing nonresidential child

care, including, but not limited to, child care centers, settlement

houses, recreational centers, Head Start centers, and institutions

providing child care facilities for children with disabilities; and

such term shall also mean any other private organization providing

nonresidential day care services for which it receives compensation

from amounts granted to the States under title XX of the Social

Security Act (but only if such organization receives compensation

under such title for at least 25 percent of its enrolled children

or 25 percent of its licensed capacity, whichever is less). In

addition, the term 'institution' shall include programs developed

to provide day care outside school hours for schoolchildren, public

or nonprofit private organizations that sponsor family or group day

care homes, and emergency shelters (as provided in subsection (t)

of this section).", inserted par. (3) designation and heading

before "Except as provided in subsection (r)", inserted par. (4)

designation and heading before "The Secretary may establish

separate guidelines", inserted par. (5) designation and heading

after "school children outside of school hours.", substituted "In

order to be eligible," for "For purposes of determining eligibility

- ", struck out former par. (1) designation before "an institution

(except a school or family", substituted "standards." for

"standards; and", and substituted par. (6) designation and heading

for former par. (2) designation and "No institution" for "no

institution".

Subsec. (a)(2)(B). Pub. L. 106-554 substituted "children, if - "

for "children for which", added cl. (i), and designated remaining

provisions as cl. (ii).

Subsec. (a)(6)(B). Pub. L. 106-224, Sec. 243(a)(8)(A), inserted

", or has not been determined to be ineligible to participate in

any other publicly funded program by reason of violation of the

requirements of the program" before ", for a period".

Subsec. (a)(6)(C). Pub. L. 106-224, Sec. 243(a)(8)(B), designated

existing provisions as cl. (i) and added cl. (ii).

Subsec. (a)(6)(C)(ii). Pub. L. 106-472, Sec. 307(c)(1)(B), struck

out "and" at end.

Subsec. (a)(6)(D). Pub. L. 106-224, Sec. 243(a)(8)(C),

substituted a semicolon for the period at end.

Subsec. (a)(6)(E), (F). Pub. L. 106-224, Sec. 243(a)(8)(D), added

subpars. (E) and (F).

Subsec. (d). Pub. L. 106-224, Sec. 243(b)(1), inserted subsec.

heading.

Subsec. (d)(1). Pub. L. 106-224, Sec. 243(b)(1), added par. (1)

and struck out former par. (1), which had provided that any

eligible public institution would be approved upon its request,

that any eligible private institution would be approved if it had

been visited by a State agency and had either tax exempt status or

had been operating a Federal program requiring nonprofit status,

and set forth provisions relating to tax exempt certification of

family or group day care homes, authorizing temporary participation

for an institution moving toward compliance, and requiring notice

of approval or disapproval of application within 30 days after

filing.

Subsec. (d)(2)(A)(ii), (iii). Pub. L. 106-224, Sec. 243(b)(2),

added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (d)(2)(B). Pub. L. 106-224, Sec. 243(b)(3), substituted

"subsection (a)(5)" for "subsection (a)(1)".

Subsec. (d)(3). Pub. L. 106-224, Sec. 243(b)(4)(A), added par.

(3).

Subsec. (d)(4). Pub. L. 106-224, Sec. 243(b)(5), added par. (4).

Subsec. (d)(5). Pub. L. 106-224, Sec. 243(c), added par. (5).

Subsec. (d)(5)(D). Pub. L. 106-472, Sec. 307(c)(2), designated

existing provisions as cl. (i), inserted cl. (i) heading,

substituted "Except as provided in cl. (ii), an institution" for

"An institution", and added cl. (ii).

Subsec. (f). Pub. L. 106-224, Sec. 243(d)(1), inserted heading.

Subsec. (f)(1). Pub. L. 106-224, Sec. 243(d), inserted par.

heading, designated existing provisions as subpar. (A), inserted

subpar. heading, and added subpar. (B).

Subsec. (f)(2)(C). Pub. L. 106-224, Sec. 243(e), added subpar.

(C).

Subsec. (f)(3)(D). Pub. L. 106-224, Sec. 243(f), added subpar.

(D) and struck out former subpar. (D), which required the Secretary

to reserve $5,000,000 of the amount made available for fiscal year

1997 for grants to States to provide assistance to family or group

day care homes and set forth provisions relating to allocation and

retention of funds and additional payments.

Subsec. (p)(1). Pub. L. 106-224, Sec. 243(g)(1)(A), substituted

"State-wide demonstration projects in three States" for "2

statewide demonstration projects" in first sentence of introductory

provisions.

Subsec. (p)(3). Pub. L. 106-224, Sec. 243(g)(1)(B)(i), inserted

"in" after "subsection" in introductory provisions.

Subsec. (p)(3)(C). Pub. L. 106-224, Sec. 243(g)(1)(B)(ii)-(iv),

added subpar. (C).

Subsec. (p)(3)(C)(iii). Pub. L. 106-472, Sec. 307(c)(3)(A),

substituted "all low-income families" for "all families".

Subsec. (p)(3)(C)(iv). Pub. L. 106-472, Sec. 307(c)(3)(B),

substituted "reported for fiscal year 1998" for "made".

Subsec. (q)(2), (3). Pub. L. 106-224, Sec. 243(h), added par. (2)

and redesignated former par. (2) as (3).

Subsec. (r)(2). Pub. L. 106-224, Sec. 243(i)(1), inserted "meals

or" before "supplements" in introductory provisions.

Subsec. (r)(4). Pub. L. 106-224, Sec. 243(i)(2)(A), substituted

"Meal and supplement" for "Supplement" in par. heading.

Subsec. (r)(4)(A). Pub. L. 106-224, Sec. 243(i)(2)(B),

substituted "only for one meal per child per day and one supplement

per child per day" for "only for - ", struck out "(i) a supplement"

before "served under", substituted a period for "; and", and struck

out cl. (ii) which read as follows: "one supplement per child per

day."

Subsec. (r)(4)(B). Pub. L. 106-224, Sec. 243(i)(2)(C), in par.

heading, substituted "Rates" for "Rate", added cl. (i), designated

existing provisions as cl. (ii), and inserted cl. (ii) heading.

Subsec. (r)(4)(C). Pub. L. 106-224, Sec. 243(i)(2)(D), inserted

"meal or" before "supplement".

Subsec. (r)(5). Pub. L. 106-224, Sec. 243(i)(3), added par. (5).

Subsec. (t)(1)(A). Pub. L. 106-400 made technical amendment to

reference in original act which appears in text as reference to

section 11351 of this title.

1998 - Subsec. (a). Pub. L. 105-336, Sec. 107(j)(3)(C),

substituted "children with disabilities" for "children with

handicaps" in two places in introductory provisions.

Pub. L. 105-336, Sec. 107(j)(2)(B), in third sentence of

introductory provisions, substituted "public" for "and public" and

inserted, ", and emergency shelters (as provided in subsection (t)

of this section)" before period at end.

Pub. L. 105-336, Sec. 107(a)(1), in fourth sentence of

introductory provisions, substituted "Except as provided in

subsection (r) of this section, reimbursement" for "Reimbursement".

Subsec. (a)(1). Pub. L. 105-336, Sec. 107(a)(2), added par. (1)

and struck out former par. (1) which read as follows: "no

institution, other than a family or group day care home sponsoring

organization, or family or group day care home shall be eligible to

participate in the program unless it has Federal, State, or local

licensing or approval, or is complying with appropriate renewal

procedures as prescribed by the Secretary and the State has no

information indicating that the institution's license will not be

renewed; or where Federal, State, or local licensing or approval is

not available, it receives funds under title XX of the Social

Security Act or otherwise demonstrates that it meets either any

applicable State or local government licensing or approval

standards or approval standards established by the Secretary after

consultation with the Secretary of Health and Human Services; and".

Subsec. (c)(6). Pub. L. 105-336, Sec. 107(b), struck out "(A)"

before "A child" and struck out subpar. (B) which read as follows:

"Subparagraph (A) shall apply only with respect to the provision of

benefits under this section for the period beginning September 1,

1995, and ending September 30, 1997."

Subsec. (d)(1). Pub. L. 105-336, Sec. 107(c)(1), (d), inserted

"has been visited by a State agency prior to approval and it" after

"if it" in second sentence, inserted "An institution moving toward

compliance with the requirement for tax exempt status shall be

allowed to participate in the child and adult care food program for

a period of not more than 180 days, except that a State agency may

grant a single extension of not to exceed an additional 90 days if

the institution demonstrates, to the satisfaction of the State

agency, that the inability of the institution to obtain tax exempt

status within the 180-day period is due to circumstances beyond the

control of the institution." after third sentence, and struck out

at end "If an institution submits an incomplete application to the

State, the State shall so notify the institution within fifteen

days of receipt of the application."

Subsec. (d)(2)(A). Pub. L. 105-336, Sec. 107(c)(2), substituted

"policy that - " for "policy that", inserted "(i)" before "allows

institutions", substituted "; and" for period at end, and added cl.

(ii).

Subsec. (h)(1)(B). Pub. L. 105-336, Sec. 101(b), substituted

"1755(c)" for "1755(e)".

Subsec. (i). Pub. L. 105-336, Sec. 107(e), substituted "1.5

percent (except, in the case of each of fiscal years 2005 through

2007, 1 percent)" for "2 percent".

Subsec. (p)(4), (5). Pub. L. 105-336, Sec. 107(f), struck out

pars. (4) and (5) which read as follows:

"(4) Such project shall -

"(A) commence not earlier than May 1, 1990, and not later than

June 30, 1990; and

"(B) terminate on September 30, 1998.

"(5) Notwithstanding paragraph (4)(B), the Secretary shall

continue until September 30, 1998, the two pilot projects

established under this subsection to the extent, and in such

amounts, as are provided for in advance in appropriations Acts."

Subsec. (q). Pub. L. 105-336, Sec. 107(g), added subsec. (q).

Subsec. (r). Pub. L. 105-336, Sec. 107(h), added subsec. (r).

Subsec. (s). Pub. L. 105-336, Sec. 107(i), added subsec. (s).

Subsec. (t). Pub. L. 105-336, Sec. 107(j)(1), added subsec. (t).

1996 - Subsec. (a). Pub. L. 104-193, Sec. 708(a), substituted

"initiate and maintain nonprofit food service programs" for

"initiate, maintain, and expand nonprofit food service programs" in

first sentence.

Subsec. (a)(2)(D). Pub. L. 104-193, Sec. 708(b), added subpar.

(D).

Subsec. (c)(1) to (3). Pub. L. 104-193, Sec. 708(e)(4), inserted

"except as provided in subsection (f)(3) of this section," after

"For purposes of this section,".

Subsec. (d)(1). Pub. L. 104-193, Sec. 708(c), struck out ", and

shall provide technical assistance, if necessary, to the

institution for the purpose of completing its application" before

period at end.

Subsec. (f)(2)(B). Pub. L. 104-193, Sec. 708(d), substituted "2

meals and 1 supplement" for "two meals and two supplements or three

meals and one supplement".

Subsec. (f)(3). Pub. L. 104-193, Sec. 708(e)(1), inserted

heading.

Subsec. (f)(3)(A). Pub. L. 104-193, Sec. 708(e)(1), added heading

and text of subpar. (A) and struck out former subpar. (A) which

read as follows: "Institutions that participate in the program

under this section as family or group day care home sponsoring

organizations shall be provided, for payment to such homes, a

reimbursement factor set by the Secretary for the cost of obtaining

and preparing food and prescribed labor costs, involved in

providing meals under this section, without a requirement for

documentation of such costs, except that reimbursement shall not be

provided under this subparagraph for meals or supplements served to

the children of a person acting as a family or group day care home

provider unless such children meet the eligibility standards for

free or reduced price meals under section 1758 of this title. The

reimbursement factor in effect as of August 13, 1981, shall be

reduced by 10 percent. The reimbursement factor under this

subparagraph shall be adjusted on July 1 of each year to reflect

changes in the Consumer Price Index for food away from home for the

most recent 12-month period for which such data are available. The

reimbursement factor under this subparagraph shall be rounded to

the nearest one-fourth cent."

Subsec. (f)(3)(B). Pub. L. 104-193, Sec. 708(f)(1)(A), struck out

at end "The maximum allowable levels for administrative expense

payments, as in effect as of August 13, 1981, shall be adjusted by

the Secretary so as to achieve a 10 percent reduction in the total

amount of reimbursement provided to institutions for such

administrative expenses. In making the reduction required by the

preceding sentence, the Secretary shall increase the economy of

scale factors used to distinguish institutions that sponsor a

greater number of family or group day care homes from those that

sponsor a lesser number of such homes."

Subsec. (f)(3)(C)(ii). Pub. L. 104-193, Sec. 708(f)(1)(B),

substituted "assist unlicensed family or group day care homes in

becoming" for "conduct outreach and recruitment to unlicensed

family or group day care homes so that the day care homes may

become".

Subsec. (f)(3)(D). Pub. L. 104-193, Sec. 708(e)(2), added subpar.

(D).

Subsec. (f)(3)(E). Pub. L. 104-193, Sec. 708(e)(3), added subpar.

(E).

Subsec. (f)(4). Pub. L. 104-193, Sec. 708(f)(2), substituted

"State may provide" for "State shall provide" in first sentence.

Subsec. (g)(1)(A). Pub. L. 104-193, Sec. 708(g)(1), struck out at

end "Such meals shall be served free to needy children."

Subsec. (g)(1)(B). Pub. L. 104-193, Sec. 708(g)(2), struck out at

end "The Secretary shall provide additional technical assistance to

those institutions and family or group day care home sponsoring

organizations that are having difficulty maintaining compliance

with the requirements."

Subsec. (k). Pub. L. 104-193, Sec. 708(h), added heading and text

of subsec. (k) and struck out former subsec. (k) consisting of

pars. (1) to (3) which related to training and technical

assistance, monitoring, research, and demonstration projects.

Subsec. (m). Pub. L. 104-193, Sec. 708(i), substituted "available

at any reasonable time" for "available at all times".

Subsec. (q). Pub. L. 104-193, Sec. 708(j), struck out subsec. (q)

which related to provision of information concerning special

supplemental nutrition program for women, infants, and children.

1994 - Subsec. (c)(5). Pub. L. 103-448, Sec. 109(b), added par.

(5).

Subsec. (c)(6). Pub. L. 103-448, Sec. 116(a), added par. (6).

Subsec. (d)(2)(A). Pub. L. 103-448, Sec. 116(b), substituted

"3-year intervals" for "2-year intervals".

Subsec. (f)(3)(C). Pub. L. 103-448, Sec. 116(c), designated

existing provisions as cl. (i) and added cl. (ii).

Subsec. (g)(1). Pub. L. 103-448, Sec. 105(c), designated existing

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

Subsec. (k)(4). Pub. L. 103-448, Sec. 116(d), added par. (4).

Subsec. (p). Pub. L. 103-448, Sec. 116(e), substituted "25

percent of the children enrolled in the organization or 25 percent

of the licensed capacity of the organization for children,

whichever is less," for "25 percent of the children served by such

organization" in par. (1)(A), "1998" for "1992" in par. (4)(B), and

"1998" for "1994" in par. (5).

Subsec. (q). Pub. L. 103-448, Sec. 116(f), added subsec. (q).

1993 - Subsec. (o)(3)(A). Pub. L. 103-171 substituted "Assistant

Secretary for Aging" for "Commissioner of Aging".

1992 - Subsec. (a). Pub. L. 102-342, Sec. 202, substituted "of

its enrolled children or 25 percent of its licensed capacity,

whichever is less" for "of the children for which the organization

provides such nonresidential day care services".

Subsec. (o)(2)(A)(i). Pub. L. 102-375 inserted ", or a group

living arrangement," after "homes".

Subsec. (p)(5). Pub. L. 102-342, Sec. 203, added par. (5).

1989 - Pub. L. 101-147, Sec. 105(a), substituted "Child and adult

care food program" for "Child care food program" in section

catchline.

Subsec. (a). Pub. L. 101-147, Sec. 310(a)(1), substituted

"children with handicaps" for "handicapped children" wherever

appearing.

Subsec. (c). Pub. L. 101-147, Sec. 312(2), substituted "reduced

price" for "reduced-price" wherever appearing.

Subsec. (d). Pub. L. 101-147, Sec. 204(a), designated existing

provisions as par. (1), redesignated cls. (1) and (2) as (A) and

(B), respectively, and added par. (2).

Subsec. (d)(1). Pub. L. 101-147, Sec. 310(a)(2), 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.

Subsec. (e). Pub. L. 101-147, Sec. 310(b), amended subsec. (e),

as identically amended by Pub. L. 99-500 and 99-591, Sec. 361, and

Pub. L. 99-661, Sec. 4401, 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. (f)(1). Pub. L. 101-147, Sec. 310(a)(3)(A), substituted

"day care" for "day-care".

Subsec. (f)(2)(B). Pub. L. 101-147, Sec. 310(a)(3)(B), struck out

second period at end.

Subsec. (f)(3)(A). Pub. L. 101-147, Sec. 312(2), substituted

"reduced price" for "reduced-price".

Subsec. (f)(3)(C). Pub. L. 101-147, Sec. 105(b)(1), inserted

before period at end of first sentence "and expansion funds to

finance the administrative expenses for such institutions to expand

into low-income or rural areas", inserted "and expansion funds"

after "start-up funds" in second, fourth, and fifth sentences and

after "Start-up funds" in third sentence, and inserted after first

sentence "Institutions that have received start-up funds may also

apply at a later date for expansion funds."

Subsec. (h)(1). Pub. L. 101-147, Sec. 131(b), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "The

Secretary shall donate agricultural commodities produced in the

United States for use in institutions participating in the child

care food program under this section. The value of such commodities

(or cash in lieu of commodities) donated to each State for each

school year shall be, at a minimum, the amount obtained by

multiplying the number of lunches and suppers served in

participating institutions in that State during that school year by

the rate for commodities or cash in lieu thereof established for

that school year under section 1755(e) of this title. Any State

receiving assistance under this section for institutions

participating in the child care food program may, upon application

to the Secretary, receive cash in lieu of some or all of the

commodities to which it would otherwise be entitled under this

subsection. In determining whether to request cash in lieu of

commodities, the State shall base its decision on the preferences

of individual participating institutions within the State, unless

this proves impracticable due to the small number of institutions

preferring donated commodities."

Subsec. (k). Pub. L. 101-147, Sec. 310(a)(4), redesignated

subsec. (l) as (k) and struck out former subsec. (k) which related

to study and report on maximum administrative payments reflecting

costs of institutions.

Subsec. (l). Pub. L. 101-147, Sec. 310(a)(4), redesignated

subsec. (m) as (l). Former subsec. (l) redesignated (k).

Pub. L. 101-147, Sec. 105(b)(2), designated existing provisions

as par. (1) and added pars. (2) and (3).

Subsecs. (m), (n). Pub. L. 101-147, Sec. 310(a)(4), redesignated

subsecs. (n) and (o) as (m) and (n), respectively. Former subsec.

(m) redesignated (l).

Subsec. (o). Pub. L. 101-147, Sec. 312(2), substituted "reduced

price" for "reduced-price" in par. (4).

Pub. L. 101-147, Sec. 310(a)(4), redesignated subsec. (p) as (o).

Former subsec. (o) redesignated (n).

Subsec. (p). Pub. L. 101-147, Sec. 310(a)(4), redesignated

subsec. (q) as (p). Former subsec. (p) redesignated (o).

Pub. L. 101-147, Sec. 105(b)(3)(A), inserted at end of par. (1)

"Lunches served by each such institution for which reimbursement is

claimed under this section shall provide, on the average,

approximately 1/3 of the daily recommended dietary allowance

established by the Food and Nutrition Board of the National

Research Council of the National Academy of Sciences. Such

institutions shall make reasonable efforts to serve meals that meet

the special dietary requirements of participants, including efforts

to serve foods in forms palatable to participants."

Pub. L. 101-147, Sec. 105(b)(3)(B), added par. (6).

Subsec. (q). Pub. L. 101-147, Sec. 310(a)(4), redesignated

subsec. (q) as (p).

Pub. L. 101-147, Sec. 105(b)(4), added subsec. (q).

1988 - Subsec. (f)(2)(B). Pub. L. 100-435, Sec. 211, inserted

provisions relating to reimbursement to institutions maintaining a

child care setting for eight or more hours per day.

Subsec. (h). Pub. L. 100-435, Sec. 214, designated existing

provisions as par. (1) and added par. (2).

Subsec. (p)(3)(A). Pub. L. 100-460, Sec. 641(c), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

"The Secretary of Agriculture, in consultation with the

Commissioner on Aging, may establish separate guidelines for

reimbursement of institutions described in this subsection."

Subsec. (p)(4). Pub. L. 100-460, Sec. 641(a), added par. (4).

Subsec. (p)(5). Pub. L. 100-460, Sec. 641(b), added par. (5).

1987 - Subsec. (p). Pub. L. 100-175 added subsec. (p).

1986 - Subsec. (a)(1). Pub. L. 99-500 and Pub. L. 99-591, Sec.

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

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

Education, and Welfare".

Subsec. (e). Pub. L. 99-500 and Pub. L. 99-591, Sec. 361, and

Pub. L. 99-661, Sec. 4401, amended subsec. (e) identically,

designating existing provisions as par. (1), substituting "Except

as provided in paragraph (2), the" for "The", and adding pars. (2)

and (3).

1981 - Subsec. (a). Pub. L. 97-35, Sec. 810(a), inserted

provisions respecting 25 percent requirement for children receiving

nonresidential day care services, and reimbursement for meals and

supplements.

Subsec. (b). Pub. L. 97-35, Sec. 810(b), substituted provisions

respecting applicability of subsec. (f), for provisions respecting

applicability of subsec. (c).

Subsec. (c). Pub. L. 97-35, Sec. 810(c), substituted provisions

respecting applicability, determinations, etc., for national

average payment rates for free lunches and suppers, etc., for

provisions respecting formula for computation of payments, and

applicability of national average payment rates.

Subsec. (f)(1). Pub. L. 97-35, Sec. 819(k), struck out

authorization respecting financing the cost of meals.

Subsec. (f)(2) to (5). Pub. L. 97-35, Sec. 810(d), in par. (2)

substituted provisions setting forth formula for disbursements for

meals for provisions setting forth maximum per meal rates of

reimbursements, struck out par. (3) which related to election

rights of institutions other than family or group day care home

sponsoring organizations, redesignated par. (4) as (3) and, as so

redesignated, substantially revised and restructured provisions,

and redesignated par. (5) as (4).

Subsec. (g). Pub. L. 97-35, Sec. 810(e), struck out par. (2)

which related to prohibitions respecting meals served by

institutions, and redesignated pars. (3) and (4) as (2) and (3),

respectively.

Subsec. (i). Pub. L. 97-35, Secs. 810(f), 817(c)(2), struck out

subsec. (i) which related to information required from State plans.

Former subsec. (j) redesignated (i).

Subsecs. (j) to (l). Pub. L. 97-35, Secs. 810(g), 817(c)(2),

redesignated subsecs. (k), (l), and (o) as (j), (k), and (l),

respectively, and in subsec. (l), as so redesignated, struck out

provision respecting availability of funds from food service

equipment program. Former subsecs. (j) to (l) redesignated (i) to

(k), respectively.

Subsec. (m). Pub. L. 97-35, Sec. 817(c), struck out subsec. (m)

which related to withholding of funds. Subsec. (p) redesignated

(m).

Subsec. (n). Pub. L. 97-35, Secs. 810(f), 817(c)(2), struck out

subsec. (n) which related to appropriations, etc., for equipment

assistance. Subsec. (q) redesignated (n).

Subsecs. (o) to (r). Pub. L. 97-35, Sec. 817(c)(2), redesignated

subsecs. (o) to (r) as (l) to (o), respectively.

1980 - Subsec. (a). Pub. L. 96-499, Sec. 207(a), included in

definition of "institution" any private organization providing

nonresidential day care services for which compensation was

received from amounts granted to the States under title XX of the

Social Security Act.

Subsec. (c). Pub. L. 96-499, Sec. 208(b), inserted provision in

pars. (1), (2), and (3) that the average payment rates for

supplements served in such institutions was to be three cents lower

than the adjusted rates prescribed by the Secretary in accordance

with the adjustment formulas contained in such pars. (1), (2), and

(3).

Subsec. (n)(1). Pub. L. 96-499, Sec. 208(c), substituted

"$4,000,000" for "$6,000,000".

1978 - Subsec. (a). Pub. L. 95-627 excepted family or group day

care homes from licensing requirements, set out guidelines for

institutions providing care for children outside of school hours,

and set out criteria for determining eligibility under this

section.

Subsec. (b). Pub. L. 95-627 substituted provisions limiting the

aggregate amount of cash assistance to a State under this section

for provisions setting out a formula for computation of payments

under this section and adjustments to such payments. See subsec.

Subsec. (c). Pub. L. 95-627 substituted provisions relating to

the formula for the computation of payments under this section and

the prescription of a national average payment rate for provisions

relating to the maintenance of national nutritional standards and

the prohibition of discrimination and identification of children

unable to pay under the program.

Subsec. (d). Pub. L. 95-627 substituted provisions stating

requirements for approval for participation in the program and

requiring written notification of such approval or disapproval for

provisions relating to State disbursements to participating

institutions.

Subsec. (e). Pub. L. 95-627 substituted provisions relating to

fair hearings for provisions relating to donations of agricultural

commodities and cash in lieu of commodities. See subsec. (h) of

this section.

Subsec. (f). Pub. L. 95-627 substituted provisions relating to

disbursements to participating institutions by the State for

provisions calling for direct disbursements to participating

institutions by the Secretary and prescribing conditions therefor.

Subsec. (g). Pub. L. 95-627 substituted provisions relating to

meals served at participating institutions and the necessary

nutritional content thereof for provisions prohibiting the

diminution of expenditures by State and local sources by reason of

the availability of Federal funds.

Subsec. (h). Pub. L. 95-627 substituted provisions relating to

donations of agricultural land commodities and cash in lieu of

commodities for provisions authorizing appropriations to meet the

administrative expenditures of the Secretary.

Subsec. (i). Pub. L. 95-627 substituted provisions relating to

information required from State plans for provisions requiring

adequate accounts and general record-keeping by States, State

educational agencies, and participating institutions.

Subsec. (j). Pub. L. 95-627 substituted provisions relating to

the availability of Federal funds to the States for audits of

participating institutions for provisions relating to food service

equipment assistance and the apportionment of unused funds.

Subsec. (k). Pub. L. 95-627 substituted provisions relating to

the use of a standard form of agreement and the issuance of

regulations pertaining to such use for provisions relating to the

issuance of rules and regulations to carry out this section by the

Secretary.

Subsecs. (l) to (r). Pub. L. 95-627 added subsecs. (l) to (r).

1977 - Subsec. (e). Pub. L. 95-166, Sec. 19(d), substituted in

last sentence "school year" for "fiscal year" in three instances.

Subsec. (j)(1). Pub. L. 95-166, Sec. 3, substituted "food service

equipment assistance" for "nonfood assistance".

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-224, title II, Sec. 243(b)(4)(B), June 20, 2000, 114

Stat. 417, provided that: "In the case of a child that is enrolled

in a sponsored child care center or family or group day care home

participating in the child and adult care food program under

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

U.S.C. 1766) before the date of the enactment of this Act [June 20,

2000], the center or home shall provide information to the child's

parents or guardians pursuant to section 17(d)(3) of that Act [42

U.S.C. 1766(d)(3)], as added by subparagraph (A), not later than 90

days after the date of the enactment of this Act."

Pub. L. 106-224, title II, Sec. 243(g)(2), June 20, 2000, 114

Stat. 419, provided that: "The Secretary may carry out

demonstration projects in the State described in section

17(p)(3)(C) of the Richard B. Russell National School Lunch Act [42

U.S.C. 1766(p)(3)(C)], as added by paragraph (1)(B)(iv), beginning

not earlier than October 1, 2001."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 107(j)(1), (2)(B) of Pub. L. 105-336

effective July 1, 1999, see section 107(j)(4) of Pub. L. 105-336,

set out as a note under section 1761 of this title.

Amendment by sections 101(b) and 107(a)-(i), (j)(3)(C) of 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 708(k)(1), (2) of Pub. L. 104-193 provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendments made by this section [amending this section] shall

become effective on the date of enactment of this Act [Aug. 22,

1996].

"(2) Improved targeting of day care home reimbursements. - The

amendments made by paragraphs (1) and (4) of subsection (e)

[amending this section] shall become effective on July 1, 1997."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by sections 105(c) and 116 of 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.

Amendment by section 109(b) of Pub. L. 103-448 effective Sept.

25, 1995, see section 109(c) of Pub. L. 103-448, set out as a note

under section 1758 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 811(b) of Pub. L. 102-375 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect as

if the amendment had been included in the Older Americans Act

Amendments of 1987 [Pub. L. 100-375]."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 131(b) of Pub. L. 101-147 effective July 1,

1989, see section 131(c) of Pub. L. 101-147, set out as a note

under section 1755 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 211 of Pub. L. 100-435 to be effective and

implemented on July 1, 1989, and amendment by section 214 of Pub.

L. 100-435 to be effective and implemented on Oct. 1, 1988, see

section 701(a), (b)(4) of Pub. L. 100-435, set out as a note under

section 2012 of Title 7, Agriculture.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-175 effective Oct. 1, 1987, see section

701(a) of Pub. L. 100-175, set out as a note under section 3001 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by sections 810(a), (f), (g), 817(c), and 819(k) of

Pub. L. 97-35 effective Oct. 1, 1981, see section 820(a)(3), (4) of

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

For effective dates of amendments by section 810(b)-(e) of Pub. L.

97-35, see section 820(a)(1)(B)-(D), (3), (4), (6) of Pub. L.

97-35.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 207(b) of Pub. L. 96-499 provided that: "The amendment

made by subsection (a) of this section [amending this section]

shall apply with respect to all fiscal years beginning on or after

October 1, 1980."

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

that section is effective July 1, 1977.

IMPLEMENTATION OF 1989 AMENDMENTS

Section 105(d) of Pub. L. 101-147 provided that:

"(1) Expansion; demonstration project. - The Secretary of

Agriculture shall implement the amendments made by subsections

(b)(1) and (b)(2) [amending this section] not later than July 1,

1990.

"(2) Dietary requirements for adult day care food program. - Not

later than July 1, 1990, the Secretary of Agriculture shall issue

final regulations to implement the amendments made by subsection

(b)(3) [amending this section]."

REGULATIONS

Section 708(k)(3) of Pub. L. 104-193 provided that:

"(A) Interim regulations. - Not later than January 1, 1997, the

Secretary of Agriculture shall issue interim regulations to

implement -

"(i) the amendments made by paragraphs (1), (3), and (4) of

subsection (e) [amending this section]; and

"(ii) section 17(f)(3)(C) of the [Richard B. Russell] National

School Lunch Act (42 U.S.C. 1766(f)(3)(C)).

"(B) Final regulations. - Not later than July 1, 1997, the

Secretary of Agriculture shall issue final regulations to implement

the provisions of law referred to in subparagraph (A)."

Section 204(b) of Pub. L. 101-147 provided that: "Not later than

July 1, 1990, the Secretary shall issue final regulations to

implement the amendments made by subsection (a) [amending this

section]."

STUDY OF IMPACT OF AMENDMENTS BY PUB. L. 104-193 ON PROGRAM

PARTICIPATION AND FAMILY DAY CARE LICENSING

Section 708(l) of Pub. L. 104-193 directed Secretary of

Agriculture, in conjunction with Secretary of Health and Human

Services, to conduct study and report to Congress not later than 2

years after Aug. 22, 1996, on impact of the amendments made by

section 708 of Pub. L. 104-193, amending this section, on the

number of family day care homes and day care home sponsoring

organizations participating in the child and adult care food

program established under this section, the number of day care

homes that are licensed, certified, registered, or approved by each

State in accordance with regulations issued by the Secretary, the

rate of growth of such numbers, the nutritional adequacy and

quality of meals served in family day care homes, and the

proportion of low-income children participating in the program

prior to such amendments to this section and the proportion of

low-income children participating in the program after such

amendments to this section, and further required each State agency

participating in the child and adult care food program under this

section to submit to the Secretary of Agriculture data necessary to

carry out this study.

FAMILY OR GROUP DAY CARE HOME DEMONSTRATION PROJECT

Section 503 of Pub. L. 100-435, as amended by Pub. L. 101-147,

title I, Sec. 105(c)(1), Nov. 10, 1989, 103 Stat. 885, directed

Secretary of Agriculture to conduct a demonstration project to

begin 30 days after Sept. 19, 1988, but in no event earlier than

Oct. 1, 1988, in one State (selected by the Secretary) regarding

the Child Care Food Program authorized under 42 U.S.C. 1766 in

which day care institutions and family or group day care sponsoring

organizations shall receive a reimbursement (in addition to that

received under 42 U.S.C. 1766(d) and (f)) for providing one

additional meal or supplement for children that are maintained in a

day care institution or in a family or group day care home setting

for eight or more hours per day, directed Secretary to submit a

preliminary report to Congress not later than Aug. 1, 1989, and a

final report after the conclusion of such project, with project to

terminate Sept. 30, 1990.

REVIEW AND REVISION OF NUTRITION REQUIREMENTS FOR MEALS SERVED

UNDER BREAKFAST PROGRAM; PROMULGATION OF REGULATIONS

Section 330(b) of title III of Pub. L. 99-500 and Pub. L. 99-591

and section 4210(b) of Pub. L. 99-661 directed Secretary of

Agriculture to review and revise nutrition requirements for meals

served under the breakfast program authorized under the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and this section to

improve nutritional quality of meals, taking into consideration

both findings of National Evaluation of School Nutrition Programs

and need to provide increased flexibility in meal planning to local

food authorities, and to promulgate regulations to implement

revisions not later than 180 days after Oct. 18, 1986.

ADJUSTMENTS IN NATIONAL AVERAGE PAYMENT RATE FOR SUPPLEMENTS DURING

FISCAL YEAR ENDING SEPTEMBER 30, 1981

Section 208(a) of Pub. L. 96-499 related to adjustments required

under the former pars. (1) through (3) of subsec. (c) of this

section applicable in determining the national average payment rate

for supplements during the fiscal year ending Sept. 30, 1981.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1752, 1758, 1759a, 1760,

1766a, 1769f, 1773, 1776 of this title; title 7 section 1638a.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "consultation".

(!3) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1766a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1766a. Meal supplements for children in afterschool care

-STATUTE-

(a) General authority

(1) Grants to States

The Secretary shall carry out a program to assist States

through grants-in-aid and other means to provide meal supplements

under a program organized primarily to provide care for children

in afterschool care in eligible elementary and secondary schools.

(2) Eligible schools

For the purposes of this section, the term "eligible elementary

and secondary schools" means schools that -

(A) operate school lunch programs under this chapter;

(B) sponsor afterschool care programs; and

enrichment purpose.

(b) Eligible children

Reimbursement may be provided under this section only for

supplements served to school children who are not more than 18

years of age, except that the age limitation provided by this

subsection shall not apply to a child described in section

1760(d)(1)(A) of this title.

(1) At-risk school children

In the case of an eligible child who is participating in a

program authorized under this section operated at a site located

in a geographical area served by a school in which at least 50

percent of the children enrolled are certified as eligible to

receive free or reduced price school meals under this chapter or

the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), a

supplement provided under this section to the child shall be -

(A) reimbursed at the rate at which free supplements are

reimbursed under section 1766(c)(3) of this title; and

(B) served without charge.

(2) Other school children

In the case of an eligible child who is participating in a

program authorized under this section at a site that is not

described in paragraph (1), for the purposes of this section, the

national average payment rate for supplements shall be equal to

those established under section 1766(c)(3) of this title (as

adjusted pursuant to section 1759a(a)(3) of this title).

(d) Contents of supplements

The requirements that apply to the content of meal supplements

served under child care food programs operated with assistance

under this chapter shall apply to the content of meal supplements

served under programs operated with assistance under this section.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 17A, as added Pub. L. 101-147, title

I, Sec. 106(a), Nov. 10, 1989, 103 Stat. 885; amended Pub. L.

105-336, title I, Sec. 108, Oct. 31, 1998, 112 Stat. 3153.)

-REFTEXT-

REFERENCES IN TEXT

The Child Nutrition Act of 1966, referred to in subsec. (c)(1),

is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which

is classified generally to chapter 13A (Sec. 1771 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1771 of this title and

Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-336, Sec. 108(a)(1),

substituted "supplements under a program organized primarily to

provide care for" for "supplements to".

Subsec. (a)(2)(C). Pub. L. 105-336, Sec. 108(a)(2), added subpar.

participating in the child care food program under section 1766 of

this title on May 15, 1989."

Subsec. (b). Pub. L. 105-336, Sec. 108(b), substituted "served to

school children who are not more than 18 years of age, except that

the age limitation provided by this subsection shall not apply to a

child described in section 1760(d)(1)(A) of this title." for

"served to children -

"(1) who are not more than 12 years of age; or

"(2) in the case of children of migrant workers or children

with handicaps, who are not more than 15 years of age."

Subsec. (c). Pub. L. 105-336, Sec. 108(c), added par. (1),

designated existing provisions as par. (2), inserted heading, and

substituted "In the case of an eligible child who is participating

in a program authorized under this section at a site that is not

described in paragraph (1), for the purposes" for "For the

purposes".

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.

REGULATIONS

Section 106(b) of Pub. L. 101-147 provided that: "Not later than

July 1, 1990, the Secretary of Agriculture shall issue final

regulations to implement section 17A of the [Richard B. Russell]

National School Lunch Act [this section] (as added by subsection

(a) of this section)."

-End-

-CITE-

42 USC Sec. 1766b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1766b. Repealed. Pub. L. 105-336, title I, Sec.

107(j)(2)(C)(i), Oct. 31, 1998, 112 Stat. 3153

-MISC1-

Section, act June 4, 1946, ch. 281, Sec. 17B, as added Pub. L.

103-448, title I, Sec. 117(a)(1), Nov. 2, 1994, 108 Stat. 4715,

related to homeless children nutrition program.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1999, see section 107(j)(4) of Pub. L.

105-336, set out as an Effective Date of 1998 Amendment note under

section 1761 of this title.

-End-

-CITE-

42 USC Secs. 1767, 1768 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Secs. 1767, 1768. Repealed. Pub. L. 99-500, title III, Sec.

371(a)(1), Oct. 18, 1986, 100 Stat. 1783-368, and Pub. L. 99-591,

title III, Sec. 371(a)(1), Oct. 30, 1986, 100 Stat. 3341-371;

Pub. L. 99-661, div. D, title V, Sec. 4501(a)(1), Nov. 14, 1986,

100 Stat. 4080

-MISC1-

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

Section 1767, act June 4, 1946, ch. 281, Sec. 18, as added Oct.

7, 1975, Pub. L. 94-105, Sec. 19, 89 Stat. 526, authorized

nutrition program staff study.

Section 1768, act June 4, 1946, ch. 281, Sec. 19, as added Oct.

7, 1975, Pub. L. 94-105, Sec. 20, 89 Stat. 527, authorized

appropriations to assist Trust Territory of Pacific Islands.

-End-

-CITE-

42 USC Sec. 1769 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1769. Pilot projects

-STATUTE-

(a) Pilot projects for administration of child nutrition programs

by contract or direct disbursement

The Secretary may conduct pilot projects in not more than three

States in which the Secretary is currently administering programs

to evaluate the effects of the Secretary contracting with private

profit and nonprofit organizations to act as a State agency under

this chapter and the Child Nutrition Act of 1966 [42 U.S.C. 1771 et

seq.] for schools, institutions, or service institutions referred

to in section 1759 of this title and section 5 of the Child

Nutrition Act of 1966 [42 U.S.C. 1774].

(b) Extension of eligibility of certain school districts to receive

cash or commodity letters of credit assistance for school lunch

programs

(1) Upon request to the Secretary, any school district that on

January 1, 1987, was receiving all cash payments or all commodity

letters of credit in lieu of entitlement commodities for its school

lunch program shall receive all cash payments or all commodity

letters of credit in lieu of entitlement commodities for its school

lunch program beginning July 1, 1987. The Secretary, directly or

through contract, shall administer the project under this

subsection.

(2) Any school district that elects under paragraph (1) to

receive all cash payments or all commodity letters of credit in

lieu of entitlement commodities for its school lunch program shall

receive bonus commodities in the same manner as if such school

district was receiving all entitlement commodities for its school

lunch program.

(1)(A) The Secretary shall carry out a pilot program for purposes

of identifying alternatives to -

(i) daily counting by category of meals provided by school

lunch programs under this chapter; and

(ii) annual applications for eligibility to receive free meals

or reduced price meals.

(B) For the purposes of carrying out the pilot program under this

paragraph, the Secretary may waive requirements of this chapter

relating to counting of meals provided by school lunch programs and

applications for eligibility.

paragraph, the Secretary shall solicit proposals from State

educational agencies and local educational agencies for the

alternatives described in subparagraph (A).

(2)(A) The Secretary shall carry out a pilot program under which

a limited number of schools participating in the special assistance

program under section 1759a(a)(1) of this title that have in

attendance children at least 80 percent of whom are eligible for

free lunches or reduced price lunches shall submit applications for

a 3-year period.

(B) Each school participating in the pilot program under this

paragraph shall have the option of determining the number of free

meals, reduced price meals, and paid meals provided daily under the

school lunch program operated by such school by applying

percentages determined under subparagraph (C) to the daily total

student meal count.

established on the basis of the master roster of students enrolled

in the school concerned, which -

(i) shall include a notation as to the eligibility status of

each student with respect to the school lunch program; and

(ii) shall be updated not later than September 30 of each year.

(3) In addition to the pilot projects described in this

subsection, the Secretary may conduct other pilot projects to test

alternative counting and claiming procedures.

(4) Each pilot program carried out under this subsection shall be

evaluated by the Secretary after it has been in operation for 3

years.

(d) Fortified fluid milk

(1) Subject to the availability of appropriations to carry out

this subsection, the Secretary shall establish pilot projects in at

least 25 school districts under which the milk offered by schools

meets the fortification requirements of paragraph (3) for lowfat,

skim, and other forms of fluid milk.

(2) The Secretary shall make available to school districts

information that compares the nutritional benefits of fluid milk

that meets the fortification requirements of paragraph (3) and the

nutritional benefits of other milk that is made available through

the school lunch program established under this chapter.

(3) The fortification requirements for fluid milk for the pilot

project referred to in paragraph (1) shall provide that -

(A) all whole milk in final package form for beverage use shall

contain not less than -

(i) 3.25 percent milk fat; and

(ii) 8.7 percent milk solids not fat;

(B) all lowfat milk in final package form for beverage use

shall contain not less than 10 percent milk solids not fat; and

contain not less than 9 percent milk solids not fat.

(4)(A) In selecting where to establish pilot projects under this

subsection, the Secretary shall take into account, among other

factors, the availability of fortified milk and the interest of the

school district in being included in the pilot project.

(B) The Secretary shall establish the pilot projects in as many

geographic areas as practicable, except that none of the projects

shall be established in school districts that use milk described in

paragraph (3) or similar milk.

(5) Not later than 2 years after the establishment of the first

pilot project under this subsection, the Secretary shall report 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 on -

(A) the acceptability of fortified whole, lowfat, and skim milk

products to participating children;

(B) the impact of offering the milk on milk consumption;

pilot projects; and

(D) any increases or reductions in costs attributed to the

pilot projects.

(6) The Secretary shall -

(A) obtain copies of any research studies or papers that

discuss the impact of the fortification of milk pursuant to

standards established by the States; and

(B) on request, make available to State agencies and the public

(i) the information obtained under subparagraph (A); and

(ii) information about where to obtain milk described in

paragraph (3).

(7)(A) Each pilot project established under this subsection shall

terminate on the last day of the third year after the establishment

of the pilot project.

(B) The Secretary shall advise representatives of each district

participating in a pilot project that the district may continue to

offer the fortified forms of milk described in paragraph (3) after

the project terminates.

(e) Breakfast pilot projects

(1) In general

Subject to the availability of funds made available under

paragraph (10), for a period of 3 successive school years, the

Secretary shall make grants to State agencies to conduct pilot

projects in elementary schools under the jurisdiction of not more

than 6 school food authorities approved by the Secretary to -

(A) reduce paperwork, simplify meal counting requirements,

and make changes that will increase participation in the school

breakfast program; and

(B) evaluate the effect of providing free breakfasts to

elementary school children, without regard to family income, on

participation, academic achievement, attendance and tardiness,

and dietary intake over the course of a day.

(2) Nominations

A State agency that seeks a grant under this subsection shall

submit to the Secretary nominations of school food authorities to

participate in a pilot project under this subsection (!1)

(3) Approval

The Secretary shall approve for participation in pilot projects

under this subsection elementary schools under the jurisdiction

of not more than 6 nominated school food authorities selected so

as to -

(A) provide for an equitable distribution of pilot projects

among urban and rural elementary schools;

(B) provide for an equitable distribution of pilot projects

among elementary schools of varying family income levels; and

the effects of the pilot projects from other factors, such as

changes or differences in educational policies or programs.

(4) Grants to school food authorities

A State agency receiving a grant under paragraph (1) shall make

grants to school food authorities to conduct the pilot projects

described in paragraph (1).

(5) Duration of pilot projects

Subject to the availability of funds made available to carry

out this subsection, a school food authority receiving amounts

under a grant to conduct a pilot project described in paragraph

(1) shall conduct the project during a period of 3 successive

school years.

(6) Waiver authority

(A) In general

Except as provided in subparagraph (B), the Secretary may

waive the requirements of this chapter and the Child Nutrition

Act of 1966 (42 U.S.C. 1771 et seq.) relating to counting of

meals, applications for eligibility, and related requirements

that would preclude the Secretary from making a grant to

conduct a pilot project under paragraph (1).

(B) Nonwaivable requirements

The Secretary may not waive a requirement under subparagraph

(A) if the waiver would prevent a program participant, a

potential program participant, or a school from receiving all

of the benefits and protections of this chapter, the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or a Federal

law (including a regulation) that protects an individual

constitutional right or a statutory civil right.

(7) Requirements for participation in pilot project

To be eligible to participate in a pilot project under this

subsection -

(A) a State agency -

(i) shall submit an application to the Secretary at such

time and in such manner as the Secretary shall establish to

meet criteria the Secretary has established to enable a valid

evaluation to be conducted; and

(ii) shall provide such information relating to the

operation and results of the pilot project as the Secretary

may reasonably require; and

(B) a school food authority -

(i) shall agree to serve all breakfasts at no charge to all

children enrolled in participating elementary schools;

(ii) shall not have a history of violations of this chapter

or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);

(iii) shall have, under the jurisdiction of the school food

authority, a sufficient number of elementary schools that are

not participating in the pilot projects to permit a valid

evaluation of the effects of the pilot projects; and

(iv) shall meet all other requirements that the Secretary

may reasonably require.

(8) Evaluation of pilot projects

(A) In general

The Secretary, acting through the Administrator of the Food

and Nutrition Service, shall conduct an evaluation of the pilot

projects conducted by the school food authorities selected for

participation.

(B) Content

The evaluation shall include -

(i) a determination of the effect of participation in the

pilot project on the academic achievement, attendance and

tardiness, and dietary intake over the course of a day of

participating children that is not attributable to changes in

educational policies and practices; and

(ii) a determination of the effect that participation by

elementary schools in the pilot project has on the proportion

of students who eat breakfast and on the paperwork required

to be completed by the schools.

On completion of the pilot projects and the evaluation, 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

describing the results of the evaluation of the pilot projects

required under subparagraph (A).

(9) Reimbursement

(A) In general

Except as provided in subparagraph (B), a school conducting a

pilot project under this subsection shall receive a total

Federal reimbursement under the school breakfast program in an

amount that is equal to the total Federal reimbursement for the

school for the prior year under the program (adjusted to

reflect changes in the series for food away from home of the

Consumer Price Index for All Urban Consumers published by the

Bureau of Labor Statistics of the Department of Labor and

adjusted for fluctuations in enrollment).

(B) Excess needs

Funds required for the pilot project in excess of the level

of reimbursement received by the school for the prior year

(adjusted to reflect changes described in subparagraph (A) and

adjusted for fluctuations in enrollment) may be taken from any

non-Federal source or from amounts provided under this

subsection.

(10) Authorization of appropriations

(A) In general

There are authorized to be appropriated such sums as are

necessary to carry out this subsection.

(B) Requirement

No amounts may be provided under this subsection unless

specifically provided in appropriations Acts.

(f) Summer food pilot projects

(1) Definition of eligible State

In this subsection, the term "eligible State" means a State in

which (based on data available in July 2000) -

(A) the percentage obtained by dividing -

(i) the sum of -

(I) the average daily number of children attending the

summer food service program in the State in July 1999; and

(II) the average daily number of children receiving free

or reduced price meals under the school lunch program in

the State in July 1999; by

(ii) the average daily number of children receiving free or

reduced price meals under the school lunch program in the

State in March 1999; is less than 50 percent of

(B) the percentage obtained by dividing -

(i) the sum of -

(I) the average daily number of children attending the

summer food service program in all States in July 1999; and

(II) the average daily number of children receiving free

or reduced price meals under the school lunch program in

all States in July 1999; by

(ii) the average daily number of children receiving free or

reduced price meals under the school lunch program in all

States in March 1999.

(2) Pilot projects

During the period of fiscal years 2001 through 2003, the

Secretary shall carry out a summer food pilot project in each

eligible State to increase the number of children participating

in the summer food service program in the State.

(3) Support levels for service institutions

(A) Food service

Under the pilot project, a service institution (other than a

service institution described in section 1761(a)(7) of this

title) in an eligible State shall receive the maximum amounts

for food service under section 1761(b)(1) of this title without

regard to the requirement under section 1761(b)(1)(A) of this

title that payments shall equal the full cost of food service

operations.

(B) Administrative costs

Under the pilot project, a service institution (other than a

service institution described in section 1761(a)(7) of this

title) in an eligible State shall receive the maximum amounts

for administrative costs determined by the Secretary under

section 1761(b)(4) of this title without regard to the

requirement under section 1761(b)(3) of this title that

payments to service institutions shall equal the full amount of

State-approved administrative costs incurred.

A service institution that receives assistance under this

subsection shall comply with all provisions of section 1761 of

this title other than subsections (b)(1)(A) and (b)(3) of

section 1761 of this title.

(4) Maintenance of effort

Expenditures of funds from State and local sources for

maintenance of a summer food service program shall not be

diminished as a result of assistance from the Secretary received

under this subsection.

(5) Evaluation of pilot projects

(A) In general

The Secretary, acting through the Administrator of the Food

and Nutrition Service, shall conduct an evaluation of the pilot

project.

(B) Content

An evaluation under this paragraph shall describe -

(i) any effect on participation by children and service

institutions in the summer food service program in the

eligible State in which the pilot project is carried out;

(ii) any effect of the pilot project on the quality of the

meals and supplements served in the eligible State in which

the pilot project is carried out; and

(iii) any effect of the pilot project on program integrity.

(6) Reports

(A) Interim report

Not later than December 1, 2002, 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 an interim report that describes the

status of, and any progress made by, each pilot project being

carried out under this subsection as of the date of submission

of the report.

(B) Final report

Not later than April 30, 2004, 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 final report that includes -

(i) the evaluations completed by the Secretary under

paragraph (5); and

(ii) any recommendations of the Secretary concerning the

pilot projects.

(g) Fruit and vegetable pilot program

(1) In general

In the school year beginning July 2002, the Secretary shall

carry out a pilot program to make available to students in 25

elementary or secondary schools in each of 4 States, and in

elementary or secondary schools on 1 Indian reservation, free

fresh and dried fruits and fresh vegetables throughout the school

day in 1 or more areas designated by the school.

(2) Publicity

A school that participates in the pilot program shall widely

publicize within the school the availability of free fruits and

vegetables under the pilot program.

(3) Report

Not later than May 1, 2003, the Secretary, acting through the

Administrator of the Economic Research Service, shall report to

the Committee on Education and the Workforce of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate on the results of the pilot program.

(4) Funding

The Secretary shall use not more than $6,000,000 of funds made

available under section 612c of title 7, to carry out this

subsection (other than paragraph (3)).

-SOURCE-

(June 4, 1946, ch. 281, Sec. 18, formerly Sec. 20, as added Pub. L.

95-166, Sec. 10(2), Nov. 10, 1977, 91 Stat. 1336; amended Pub. L.

95-627, Sec. 11, Nov. 10, 1978, 92 Stat. 3624; renumbered Sec. 18

and amended Pub. L. 99-500, title III, Secs. 327, 371(c)(1), Oct.

18, 1986, 100 Stat. 1783-362, 1783-368, and Pub. L. 99-591, title

III, Secs. 327, 371(c)(1), Oct. 30, 1986, 100 Stat. 3341-365,

3341-372; renumbered Sec. 18 and amended Pub. L. 99-661, div. D,

title II, Sec. 4207, title V, Sec. 4501(c)(1), Nov. 14, 1986, 100

Stat. 4073, 4080; Pub. L. 100-237, Sec. 5, Jan. 8, 1988, 101 Stat.

1739; Pub. L. 101-147, title I, Sec. 107, title II, Sec. 205(a),

title III, Sec. 311, Nov. 10, 1989, 103 Stat. 886, 910, 916; Pub.

L. 102-342, title I, Sec. 101(a), title III, Sec. 301, Aug. 14,

1992, 106 Stat. 911, 913; Pub. L. 102-512, title I, Sec. 102, Oct.

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

117(a)(2)(A), (b), 118, Nov. 2, 1994, 108 Stat. 4717, 4719; Pub. L.

104-193, title VII, Sec. 709, Aug. 22, 1996, 110 Stat. 2301; Pub.

L. 105-336, title I, Sec. 109(a)-(c)(1), Oct. 31, 1998, 112 Stat.

3154-3156; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec.

102(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-215; Pub. L. 107-171,

title IV, Sec. 4305(a), May 13, 2002, 116 Stat. 332.)

-REFTEXT-

REFERENCES IN TEXT

The Child Nutrition Act of 1966, referred to in subsecs. (a) and

(e)(6), (7)(B)(ii), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885,

as amended, which is classified generally to chapter 13A (Sec. 1771

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1771 of this

title and Tables.

-COD-

CODIFICATION

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

-MISC1-

PRIOR PROVISIONS

A prior section 18 of act June 4, 1946, which was classified to

section 1767 of this title, was repealed.

AMENDMENTS

2002 - Subsec. (g). Pub. L. 107-171 added subsec (g).

2000 - Subsec. (f). Pub. L. 106-554 added subsec. (f).

1998 - Subsec. (c). Pub. L. 105-336, Sec. 109(a), (c)(1),

redesignated subsec. (d) as (c) and struck out former subsec. (c)

which related to demonstration program for prevention of boarder

babies.

Subsec. (d). Pub. L. 105-336, Sec. 109(c)(1), redesignated

subsec. (f) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 105-336, Sec. 109(a), (c)(1), redesignated

subsec. (i) as (e) and struck out former subsec. (e) which related

to demonstration program to provide meals and supplements outside

of school hours.

Subsec. (f). Pub. L. 105-336, Sec. 109(c)(1), redesignated

subsec. (f) as (d).

Subsec. (g). Pub. L. 105-336, Sec. 109(a), struck out subsec. (g)

which related to increased choices of fruits, vegetables, legumes,

cereals, and grain-based products.

Subsec. (h). Pub. L. 105-336, Sec. 109(a), struck out subsec. (h)

which related to increased choices of lowfat dairy products and

lean meat and poultry products.

Subsec. (i). Pub. L. 105-336, Sec. 109(b), (c)(1), amended

subsec. (i) generally and redesignated it as subsec. (e). Prior to

amendment, subsec. (i) related to reduced paperwork and application

requirements and increased participation pilots.

1996 - Subsec. (d)(3) to (5). Pub. L. 104-193, Sec. 709(a),

redesignated pars. (4) and (5) as (3) and (4), respectively, and

struck out former par. (3) which related to pilot program for

schools with universal free lunch programs to use certain methods

to determine number of free, reduced price, and paid meals to be

provided.

Subsec. (e)(1). Pub. L. 104-193, Sec. 709(b)(1), designated

subpar. (A) as par. (1), substituted "Secretary may establish" for

"Secretary shall establish", and struck out subpar. (B) which read

as follows: "The amount of a grant under subparagraph (A) shall be

equal to the amount necessary to provide meals or supplements

described in such subparagraph and shall be determined in

accordance with reimbursement payment rates for meals and

supplements under the child and adult care food program under

section 1766 of this title."

Subsec. (e)(5). Pub. L. 104-193, Sec. 709(b)(2), added heading

and text of par. (5) and struck out former par. (5) which read as

follows:

"(5)(A) Except as provided in subparagraph (B), the Secretary

shall expend to carry out this subsection, from amounts

appropriated for purposes of carrying out section 1766 of this

title, $325,000 for fiscal year 1995, $475,000 for each of fiscal

years 1996 and 1997, and $525,000 for fiscal year 1998. In addition

to amounts described in the preceding sentence, the Secretary shall

expend any additional amounts in any fiscal year as may be provided

in advance in appropriations Acts.

"(B) The Secretary may expend less than the amount required under

subparagraph (A) if there is an insufficient number of suitable

applicants."

1994 - Subsec. (b)(1). Pub. L. 103-448, Sec. 118(a), struck out

", and ending September 30, 1994" after "beginning July 1, 1987".

Subsec. (c). Pub. L. 103-448, Sec. 117(a)(2)(A), (b), added

subsec. (c) and struck out former subsec. (c), which related to

provision of food service to homeless children under age 6 in

emergency shelters.

Subsecs. (e) to (i). Pub. L. 103-448, Sec. 118(b)-(f), added

subsecs. (e) to (i).

1992 - Subsec. (b)(1). Pub. L. 102-342, Sec. 301, substituted

"September 30, 1994" for "September 30, 1992".

Subsec. (c)(2). Pub. L. 102-342, Sec. 101(a)(1), inserted "State,

city, local, or county governments, other public entities, or"

before "private nonprofit".

Subsec. (c)(2)(B)(i). Pub. L. 102-512 substituted "Each private

nonprofit organization" for "Each such organization".

Subsec. (c)(3)(A). Pub. L. 102-342, Sec. 101(a)(2), inserted at

end "The projects shall receive reimbursement payments for meals

and supplements served on Saturdays, Sundays, and holidays, at the

request of the sponsor of any such project. The meal pattern

requirements of this subparagraph may be modified as necessary by

the Secretary to take into account the needs of infants."

Subsec. (c)(5)(A). Pub. L. 102-342, Sec. 101(a)(1), (3),

substituted "not less than $350,000 in each of fiscal years 1991

and 1992, not less than $650,000 in fiscal year 1993, and not less

than $800,000 in fiscal year 1994," for "and not less than $350,000

in each of the fiscal years 1991, 1992, 1993, and 1994," and

inserted "State, city, local, or county governments, other public

entities, or" before "private nonprofit".

Subsec. (c)(7). Pub. L. 102-342, Sec. 101(a)(4), added par. (7).

1989 - Subsec. (a). Pub. L. 101-147, Sec. 311(2), struck out "(42

U.S.C. 1771 et seq.)" after "Child Nutrition Act of 1966" and "(42

U.S.C. 1774)" after "section 5 of the Child Nutrition Act of 1966".

Pub. L. 101-147, Sec. 311(1), redesignated subsec. (d) as (a) and

struck out former subsec. (a) which set forth statement of purpose

of section and requirements for types of projects.

Subsec. (b). Pub. L. 101-147, Sec. 311(1), redesignated subsec.

(e) as (b) and struck out former subsec. (b) which provided for a

study on effect of cash payments in lieu of commodities.

Subsec. (c). Pub. L. 101-147, Sec. 311(1), redesignated subsec.

(f) as (c) and struck out former subsec. (c) which related to

report due not later than 18 months after Nov. 10, 1977.

Subsec. (d). Pub. L. 101-147, Sec. 311(1), redesignated subsec.

(g) as (d). Former subsec. (d) redesignated (a).

Subsec. (e). Pub. L. 101-147, Sec. 311(1), redesignated subsec.

(e) as (b).

Subsec. (e)(1). Pub. L. 101-147, Sec. 107(1)(A), substituted

"beginning July 1, 1987, and ending September 30, 1992" for "for

the duration beginning July 1, 1987, and ending December 31, 1990"

and inserted at end "The Secretary, directly or through contract,

shall administer the project under this subsection."

Subsec. (f). Pub. L. 101-147, Sec. 311(1), redesignated subsec.

(f) as (c).

Pub. L. 101-147, Sec. 107(2), added subsec. (f).

Subsec. (g). Pub. L. 101-147, Sec. 311(1), redesignated subsec.

(g) as (d).

Pub. L. 101-147, Sec. 205(a), added subsec. (g).

1988 - Subsec. (e). Pub. L. 100-237 added subsec. (e).

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

327(b), and Pub. L. 99-661, Sec. 4207(b), which directed the

identical amendment of subsec. (c) by striking out "except for the

pilot projects conducted under subsection (d) of this section,"

were executed by striking out ", except for the pilot projects

conducted under subsection (d) of this section" after "under this

section" in introductory provisions, as the probable intent of

Congress.

Subsec. (d). Pub. L. 99-500 and Pub. L. 99-591, Sec. 327(a), and

Pub. L. 99-661, Sec. 4207(a), amended section identically, adding

subsec. (d) and striking out former subsec. (d) which related to

free lunches without regard to family income and to reimbursement

of school food authorities.

1978 - Subsec. (c). Pub. L. 95-627, Sec. 11(1), inserted

provision excluding pilot projects conducted under subsec. (d) of

this section.

Subsec. (d). Pub. L. 95-627, Sec. 11(2), added subsec. (d).

-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. 4305(b), May 13, 2002, 116 Stat.

332, provided that: "The amendment made by this section [amending

this section] takes effect on the date of enactment of this Act

[May 13, 2002]."

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

Section 104 of title I of Pub. L. 102-512 provided that: "This

title [amending this section and section 1776 of this title and

enacting provisions set out as a note under section 1771 of this

title] and the amendments made by this title shall become effective

on September 30, 1992."

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.

OTHER DEMONSTRATION PROJECTS FOR FEEDING HOMELESS CHILDREN

Pub. L. 102-342, title I, Sec. 101(b), Aug. 14, 1992, 106 Stat.

911, as amended by Pub. L. 105-336, title I, Sec. 109(c)(2), Oct.

31, 1998, 112 Stat. 3157, provided that: "The Secretary of

Agriculture may conduct demonstration projects to identify

effective means of providing food assistance to homeless children

residing in temporary shelters."

ALTERNATIVE COUNTING AND CLAIMING PROCEDURES; PROMULGATION OF

REGULATIONS

Section 205(b) of Pub. L. 101-147 provided that not later than

July 1, 1990, Secretary of Agriculture was to issue final

regulations to implement subsec. (g) of this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

-End-

-CITE-

42 USC Sec. 1769a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1769a. Repealed. Pub. L. 104-193, title VII, Sec. 710, Aug.

22, 1996, 110 Stat. 2301

-MISC1-

Section, act June 4, 1946, ch. 281, Sec. 19, formerly Sec. 21, as

added Nov. 10, 1977, Pub. L. 95-166, Sec. 13, 91 Stat. 1338;

renumbered Sec. 19, Oct. 18, 1986, Pub. L. 99-500, title III, Sec.

371(c)(1), 100 Stat. 1783-368, and Oct. 30, 1986, Pub. L. 99-591,

title III, Sec. 371(c)(1), 100 Stat. 3341-372; renumbered Sec. 19,

Nov. 14, 1986, Pub. L. 99-661, div. D, title V, Sec. 4501(c)(1),

100 Stat. 4080; Nov. 10, 1989, Pub. L. 101-147, title I, Sec. 108,

103 Stat. 887; Nov. 2, 1994, Pub. L. 103-448, title I, Sec. 119,

108 Stat. 4726, directed Secretary to reduce paperwork required in

carrying out functions under this chapter and under the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

-End-

-CITE-

42 USC Sec. 1769b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1769b. 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 lunches 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 National School Lunch Program in the United States.

(b) Administration of program; eligibility determinations and

regulations

The Secretary of Defense shall administer lunch programs

authorized by this section and shall determine eligibility for free

and reduced price lunches 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

National School Lunch Program under this section.

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 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 the technical assistance in the administration of the

school lunch programs authorized by this section.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 20, formerly Sec. 22, as added Pub. L.

95-561, title XIV, Sec. 1408(a), Nov. 1, 1978, 92 Stat. 2368;

renumbered Sec. 20 and amended Pub. L. 99-500, title III, Secs.

328(a), 371(c)(1), Oct. 18, 1986, 100 Stat. 1783-362, 1783-368, and

Pub. L. 99-591, title III, Secs. 328(a), 371(c)(1), Oct. 30, 1986,

100 Stat. 3341-365, 3341-372; renumbered Sec. 20 and amended Pub.

L. 99-661, div. D, title II, Sec. 4208(a), title V, Sec.

4501(c)(1), Nov. 14, 1986, 100 Stat. 4073, 4080; Pub. L. 101-147,

title III, Sec. 312(2), Nov. 10, 1989, 103 Stat. 916.)

-COD-

CODIFICATION

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

-MISC1-

PRIOR PROVISIONS

A prior section 20 of act June 4, 1946, was renumbered section 18

of act June 4, 1946, and is classified to section 1769 of this

title.

AMENDMENTS

1989 - Subsec. (b). Pub. L. 101-147 substituted "reduced price"

for "reduced-price".

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

328(a), and Pub. L. 99-661, Sec. 4208(a), 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 lunch for

each student eligible for a free lunch, and (2) the full cost of

each lunch, less any amounts required by law or regulation to be

paid by each student eligible for a reduced-price lunch" after

"this section".

EFFECTIVE DATE

Section effective Oct. 1, 1978 and no provision herein to be

construed as impairing or preventing the taking effect of any other

Act providing for the transfer of functions described herein 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, 20 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. 1769b-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1769b-1. Training, technical assistance, and food service

management institute

-STATUTE-

(a) General authority

The Secretary -

(1) subject to the availability of, and from, amounts

appropriated pursuant to subsection (e)(1) of this section, shall

conduct training activities and provide technical assistance to

improve the skills of individuals employed in -

(A) food service programs carried out with assistance under

this chapter;

(B) school breakfast programs carried out with assistance

under section 1773 of this title; and

programs; and

(2) from amounts appropriated pursuant to subsection (e)(2) of

this section, is authorized to provide financial and other

assistance to the University of Mississippi, in cooperation with

the University of Southern Mississippi, to establish and maintain

a food service management institute.

(b) Minimum requirements

The activities conducted and assistance provided as required by

subsection (a)(1) of this section shall at least include activities

and assistance with respect to -

(1) menu planning;

(2) implementation of regulations and appropriate guidelines;

and

(3) compliance with program requirements and accountability for

program operations.

(1) In general

Any food service management institute established as authorized

by subsection (a)(2) of this section shall carry out activities

to improve the general operation and quality of -

(A) food service programs assisted under this chapter;

(B) school breakfast programs assisted under section 1773 of

this title; and

programs.

(2) Required activities

Activities carried out under paragraph (1) shall include -

(A) conducting research necessary to assist schools and other

organizations that participate in such programs in providing

high quality, nutritious, cost-effective meal service to the

children served;

(B) providing training and technical assistance with respect

to -

(i) efficient use of physical resources;

(ii) financial management;

(iii) efficient use of computers;

(iv) procurement;

(v) sanitation;

(vi) safety;

(vii) food handling;

(viii) meal planning and related nutrition activities;

(ix) culinary skills; and

(x) other appropriate activities;

to present training programs and workshops for food service

personnel;

(D) developing training materials for use in the programs and

workshops described in subparagraph (C);

(E) acting as a clearinghouse for research, studies, and

findings concerning all aspects of the operation of food

service programs, including activities carried out with

assistance provided under section 1788 of this title;

(F) training food service personnel to comply with the

nutrition guidance and objectives established by the Secretary

through a national network of instructors or other means;

(G) preparing informational materials, such as video

instruction tapes and menu planners, to promote healthier food

preparation; and

(H) assisting State educational agencies in providing

additional nutrition and health instructions and instructors,

including training personnel to comply with the nutrition

guidance and objectives established by the Secretary.

(d) Coordination

(1) In general

The Secretary shall coordinate activities carried out and

assistance provided as required by subsection (b) of this section

with activities carried out by any food service management

institute established as authorized by subsection (a)(2) of this

section.

(2) Use of institute for dietary and nutrition activities

The Secretary shall use any food service management institute

established under subsection (a)(2) of this section to assist in

carrying out dietary and nutrition activities of the Secretary.

(e) Authorization of appropriations

(1) Training activities and technical assistance

There are authorized to be appropriated to carry out subsection

(a)(1) of this section $3,000,000 for fiscal year 1990,

$2,000,000 for fiscal year 1991, and $1,000,000 for each of

fiscal years 1992 through 2003.

(2) Food service management institute

(A) Funding

In addition to any amounts otherwise made available for

fiscal year 1995, out of any moneys in the Treasury not

otherwise appropriated, the Secretary of the Treasury shall

provide to the Secretary $147,000 for fiscal year 1995,

$2,000,000 for each of fiscal years 1996 through 1998, and

$3,000,000 for fiscal year 1999 and each subsequent fiscal

year, to carry out subsection (a)(2) of this section. The

Secretary shall be entitled to receive the funds and shall

accept the funds, without further appropriation.

(B) Additional funding

In addition to amounts made available under subparagraph (A),

there are authorized to be appropriated to carry out subsection

(a)(2) of this section such sums as are necessary for fiscal

year 1995 and each subsequent fiscal year. The Secretary shall

carry out activities under subsection (a)(2) of this section,

in addition to the activities funded under subparagraph (A), to

the extent provided for, and in such amounts as are provided

for, in advance in appropriations Acts.

studies

In addition to amounts made available under subparagraphs (A)

and (B), from amounts otherwise appropriated to the Secretary

in discretionary appropriations, the Secretary may provide

funds to any food service management institute established

under subsection (a)(2) of this section for projects specified

by the Secretary that will contribute to implementing dietary

or nutrition initiatives. Any additional funding under this

subparagraph shall be provided noncompetitively in a separate

cooperative agreement.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 21, as added Pub. L. 101-147, title I,

Sec. 109, Nov. 10, 1989, 103 Stat. 887; amended Pub. L. 102-337,

Sec. 1, Aug. 7, 1992, 106 Stat. 865; Pub. L. 103-448, title I, Sec.

120, Nov. 2, 1994, 108 Stat. 4726; Pub. L. 105-336, title I, Secs.

103(c)(2), 110, Oct. 31, 1998, 112 Stat. 3147, 3157.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(2)(F), (H). Pub. L. 105-336, Sec. 110(a),

substituted "established by the Secretary" for "of section 1769e of

this title".

Subsec. (e)(1). Pub. L. 105-336, Sec. 110(b), substituted "2003"

for "1998".

Subsec. (e)(2)(A). Pub. L. 105-336, Sec. 110(c), substituted

"$2,000,000 for each of fiscal years 1996 through 1998, and

$3,000,000 for fiscal year 1999 and each subsequent fiscal year,"

for "and $2,000,000 for fiscal year 1996 and each subsequent fiscal

year," in first sentence.

Pub. L. 105-336, Sec. 103(c)(2), inserted ", without further

appropriation" before period at end of second sentence.

1994 - Subsec. (a)(1). Pub. L. 103-448, Sec. 120(c)(1),

substituted "subject to the availability of, and from, amounts" for

"from amounts" in introductory provisions.

Subsec. (c)(2)(B)(ix), (x). Pub. L. 103-448, Sec. 120(a)(1),

added cl. (ix) and redesignated former cl. (ix) as (x).

Subsec. (c)(2)(F) to (H). Pub. L. 103-448, Sec. 120(a)(2)-(4),

added subpars. (F) to (H).

Subsec. (d). Pub. L. 103-448, Sec. 120(b), designated existing

provisions as par. (1), inserted heading, and added par. (2).

Subsec. (e). Pub. L. 103-448, Sec. 120(c)(2), added subsec. (e)

and struck out former subsec. (e) which read as follows: "There are

authorized to be appropriated -

"(1) $3,000,000 for the fiscal year 1990, $2,000,000 for the

fiscal year 1991, and $1,000,000 for each of the fiscal years

1992, 1993, and 1994 for purposes of carrying out subsection

(a)(1) of this section; and

"(2) $1,000,000 for the fiscal year 1990 and $4,000,000 for

each of the fiscal years 1991, 1992, 1993, and 1994 for purposes

of carrying out subsection (a)(2) of this section."

1992 - Subsec. (a)(2). Pub. L. 102-337 inserted "to provide

financial and other assistance to the University of Mississippi, in

cooperation with the University of Southern Mississippi," after "is

authorized".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1788 of this title.

-End-

-CITE-

42 USC Sec. 1769c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1769c. Compliance and accountability

-STATUTE-

(a) Unified accountability system

There shall be a unified system prescribed and administered by

the Secretary for ensuring that local food service authorities that

participate in the school lunch program under this chapter comply

with the provisions of this chapter. Such system shall be

established through the publication of regulations and the

provision of an opportunity for public comment, consistent with the

provisions of section 553 of title 5.

(b) Functions of system

(1) In general

Under the system described in subsection (a) of this section,

each State educational agency shall -

(A) require that local food service authorities comply with

the provisions of this chapter; and

(B) ensure such compliance through reasonable audits and

supervisory assistance reviews.

(2) Minimization of additional duties

Each State educational agency shall coordinate the compliance

and accountability activities described in paragraph (1) in a

manner that minimizes the imposition of additional duties on

local food service authorities.

In carrying out this section, the Secretary shall -

(1) assist the State educational agency in the monitoring of

programs conducted by local food service authorities; and

(2) through management evaluations, review the compliance of

the State educational agency and the local school food service

authorities with regulations issued under this chapter.

(d) Authorization of appropriations

There is authorized to be appropriated for purposes of carrying

out the compliance and accountability activities referred to in

subsection (c) of this section $3,000,000 for each of the fiscal

years 1994 through 2003.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 22, as added Pub. L. 101-147, title I,

Sec. 110(a), Nov. 10, 1989, 103 Stat. 889; amended Pub. L. 103-448,

title I, Sec. 121, Nov. 2, 1994, 108 Stat. 4727; Pub. L. 105-336,

title I, Sec. 111, Oct. 31, 1998, 112 Stat. 3157.)

-MISC1-

PRIOR PROVISIONS

A prior section 1769c, act June 4, 1946, ch. 281, Sec. 22, as

added Nov. 10, 1978, Pub. L. 95-627, Sec. 9, 92 Stat. 3623,

directed a study of menu choice, prior to repeal by Pub. L. 99-500,

title III, Sec. 371(b), Oct. 18, 1986, 100 Stat. 1783-368, and Pub.

L. 99-591, title III, Sec. 371(b), Oct. 30, 1986, 100 Stat.

3341-372; Pub. L. 99-661, div. D, title V, Sec. 4501(b), Nov. 14,

1986, 100 Stat. 4080.

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-336 substituted "2003" for

"1996".

1994 - Subsec. (d). Pub. L. 103-448 substituted "fiscal years

1994 through 1996" for "fiscal years 1990, 1991, 1992, 1993, and

1994".

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.

REGULATIONS

Section 110(b) of Pub. L. 101-147 provided that: "Not later than

July 1, 1990, the Secretary of Agriculture shall issue final

regulations to implement section 22 of the [Richard B. Russell]

National School Lunch Act [this section] (as added by subsection

(a) of this section)."

-End-

-CITE-

42 USC Secs. 1769d, 1769e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Secs. 1769d, 1769e. Repealed. Pub. L. 104-193, title VII, Secs.

711, 712, Aug. 22, 1996, 110 Stat. 2301

-MISC1-

Section 1769d, act June 4, 1946, ch. 281, Sec. 23, as added Nov.

10, 1989, Pub. L. 101-147, title I, Sec. 111, 103 Stat. 890,

directed Secretary to provide each appropriate State agency with

information on income eligibility for free or reduced price meals

under each program established under this chapter and the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

Section 1769e, act June 4, 1946, ch. 281, Sec. 24, as added Nov.

10, 1989, Pub. L. 101-147, title I, Sec. 112, 103 Stat. 890,

related to nutrition guidance for child nutrition programs.

-End-

-CITE-

42 USC Sec. 1769f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1769f. Duties of Secretary relating to nonprocurement

debarment

-STATUTE-

(a) Purposes

The purposes of this section are to promote the prevention and

deterrence of instances of fraud, bid rigging, and other

anticompetitive activities encountered in the procurement of

products for child nutrition programs by -

(1) establishing guidelines and a timetable for the Secretary

to initiate debarment proceedings, as well as establishing

mandatory debarment periods; and

(2) providing training, technical advice, and guidance in

identifying and preventing the activities.

(b) Definitions

As used in this section:

(1) Child nutrition program

The term "child nutrition program" means -

(A) the school lunch program established under this chapter;

(B) the summer food service program for children established

under section 1761 of this title;

section 1766 of this title;

(D) the special milk program established under section 1772

of this title;

(E) the school breakfast program established under section

1773 of this title; and

(F) the special supplemental nutrition program for women,

infants, and children authorized under section 1786 of this

title.

(2) Contractor

The term "contractor" means a person that contracts with a

State, an agency of a State, or a local agency to provide goods

or services in relation to the participation of a local agency in

a child nutrition program.

(3) Local agency

The term "local agency" means a school, school food authority,

child care center, sponsoring organization, or other entity

authorized to operate a child nutrition program at the local

level.

(4) Nonprocurement debarment

The term "nonprocurement debarment" means an action to bar a

person from programs and activities involving Federal financial

and nonfinancial assistance, but not including Federal

procurement programs and activities.

(5) Person

The term "person" means any individual, corporation,

partnership, association, cooperative, or other legal entity,

however organized.

activities

The Secretary shall -

(1) in cooperation with any other appropriate individual,

organization, or agency, provide advice, training, technical

assistance, and guidance (which may include awareness training,

training films, and troubleshooting advice) to representatives of

States and local agencies regarding means of identifying and

preventing fraud and anticompetitive activities relating to the

provision of goods or services in conjunction with the

participation of a local agency in a child nutrition program; and

(2) provide information to, and fully cooperate with, the

Attorney General and State attorneys general regarding

investigations of fraud and anticompetitive activities relating

to the provision of goods or services in conjunction with the

participation of a local agency in a child nutrition program.

(d) Nonprocurement debarment

(1) In general

Except as provided in paragraph (3) and subsection (e) of this

section, not later than 180 days after notification of the

occurrence of a cause for debarment described in paragraph (2),

the Secretary shall initiate nonprocurement debarment proceedings

against the contractor who has committed the cause for debarment.

(2) Causes for debarment

Actions requiring initiation of nonprocurement debarment

pursuant to paragraph (1) shall include a situation in which a

contractor is found guilty in any criminal proceeding, or found

liable in any civil or administrative proceeding, in connection

with the supplying, providing, or selling of goods or services to

any local agency in connection with a child nutrition program, of

(A) an anticompetitive activity, including bid-rigging,

price-fixing, the allocation of customers between competitors,

or other violation of Federal or State antitrust laws;

(B) fraud, bribery, theft, forgery, or embezzlement;

(D) making a false claim or statement; or

(E) any other obstruction of justice.

(3) Exception

If the Secretary determines that a decision on initiating

nonprocurement debarment proceedings cannot be made within 180

days after notification of the occurrence of a cause for

debarment described in paragraph (2) because of the need to

further investigate matters relating to the possible debarment,

the Secretary may have such additional time as the Secretary

considers necessary to make a decision, but not to exceed an

additional 180 days.

(4) Mandatory child nutrition program debarment periods

(A) In general

Subject to the other provisions of this paragraph and

notwithstanding any other provision of law except subsection

(e) of this section, if, after deciding to initiate

nonprocurement debarment proceedings pursuant to paragraph (1),

the Secretary decides to debar a contractor, the debarment

shall be for a period of not less than 3 years.

(B) Previous debarment

If the contractor has been previously debarred pursuant to

nonprocurement debarment proceedings initiated pursuant to

paragraph (1), and the cause for debarment is described in

paragraph (2) based on activities that occurred subsequent to

the initial debarment, the debarment shall be for a period of

not less than 5 years.

At a minimum, a debarment under this subsection shall serve

to bar the contractor for the specified period from contracting

to provide goods or services in conjunction with the

participation of a local agency in a child nutrition program.

(D) Reversal, reduction, or exception

Nothing in this section shall restrict the ability of the

Secretary to -

(i) reverse a debarment decision;

(ii) reduce the period or scope of a debarment;

(iii) grant an exception permitting a debarred contractor

to participate in a particular contract to provide goods or

services; or

(iv) otherwise settle a debarment action at any time;

in conjunction with the participation of a local agency in a

child nutrition program, if the Secretary determines there is

good cause for the action, after taking into account factors

set forth in paragraphs (1) through (6) of subsection (e) of

this section.

(5) Information

On request, the Secretary shall present 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 information regarding the

decisions required by this subsection.

(6) Relationship to other authorities

A debarment imposed under this section shall not reduce or

diminish the authority of a Federal, State, or local government

agency or court to penalize, imprison, fine, suspend, debar, or

take other adverse action against a person in a civil, criminal,

or administrative proceeding.

(7) Regulations

The Secretary shall issue such regulations as are necessary to

carry out this subsection.

(e) Mandatory debarment

Notwithstanding any other provision of this section, the

Secretary shall initiate nonprocurement debarment proceedings

against the contractor (including any cooperative) who has

committed the cause for debarment (as determined under subsection

(d)(2) of this section), unless the action -

(1) is likely to have a significant adverse effect on

competition or prices in the relevant market or nationally;

(2) will interfere with the ability of a local agency to

procure a needed product for a child nutrition program;

(3) is unfair to a person, subsidiary corporation, affiliate,

parent company, or local division of a corporation that is not

involved in the improper activity that would otherwise result in

the debarment;

(4) is likely to have significant adverse economic impacts on

the local economy in a manner that is unfair to innocent parties;

(5) is not justified in light of the penalties already imposed

on the contractor for violations relevant to the proposed

debarment, including any suspension or debarment arising out of

the same matter that is imposed by any Federal or State agency;

(6) is not in the public interest, or otherwise is not in the

interests of justice, as determined by the Secretary.

(f) Exhaustion of administrative remedies

Prior to seeking judicial review in a court of competent

jurisdiction, a contractor against whom a nonprocurement debarment

proceeding has been initiated shall -

(1) exhaust all administrative procedures prescribed by the

Secretary; and

(2) receive notice of the final determination of the Secretary.

(g) Information relating to prevention and control of

anticompetitive activities

On request, the Secretary shall present 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 information regarding the activities of the

Secretary relating to anticompetitive activities, fraud,

nonprocurement debarment, and any waiver granted by the Secretary

under this section.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 25, as added Pub. L. 103-448, title I,

Sec. 122(a), Nov. 2, 1994, 108 Stat. 4727; amended Pub. L. 105-336,

title I, Sec. 107(j)(2)(C)(ii), Oct. 31, 1998, 112 Stat. 3153.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(1)(D) to (G). Pub. L. 105-336 redesignated

subpars. (E) to (G) as (D) to (F), respectively, and struck out

former subpar. (D) which read as follows: "the homeless children

nutrition program established under section 1766b of this title;".

-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 1998 AMENDMENT

Amendment by Pub. L. 105-336 effective July 1, 1999, see section

107(j)(4) of Pub. L. 105-336, set out as a note under section 1761

of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1994, see section 401 of Pub. L.

103-448, set out as an Effective Date of 1994 Amendment note under

section 1755 of this title.

Section 122(b) of Pub. L. 103-448 provided that: "Section 25 of

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

1769f] (as added by subsection (a)) shall not apply to a cause for

debarment as described in section 25(d)(2) of such Act that is

based on an activity that took place prior to the effective date of

section 25 of such Act [Oct. 1, 1994]."

NO REDUCTION IN AUTHORITY OF SECRETARY OF AGRICULTURE TO DEBAR OR

SUSPEND A PERSON FROM FEDERAL FINANCIAL AND NONFINANCIAL ASSISTANCE

AND BENEFITS

Section 122(c) of Pub. L. 103-448 provided that: "The authority

of the Secretary of Agriculture that exists on the day before the

date of enactment of this Act [Nov. 2, 1994] to debar or suspend a

person from Federal financial and nonfinancial assistance and

benefits under Federal programs and activities shall not be

diminished or reduced by subsection (a) [enacting this section] or

the amendment made by subsection (a)."

-End-

-CITE-

42 USC Sec. 1769g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1769g. Information clearinghouse

-STATUTE-

(a) In general

The Secretary shall enter into a contract with a nongovernmental

organization described in subsection (b) of this section to

establish and maintain a clearinghouse to provide information to

nongovernmental groups located throughout the United States that

assist low-income individuals or communities regarding food

assistance, self-help activities to aid individuals in becoming

self-reliant, and other activities that empower low-income

individuals or communities to improve the lives of low-income

individuals and reduce reliance on Federal, State, or local

governmental agencies for food or other assistance.

(b) Nongovernmental organization

The nongovernmental organization referred to in subsection (a) of

this section shall be selected on a competitive basis and shall -

(1) be experienced in the gathering of first-hand information

in all the States through onsite visits to grassroots

organizations in each State that fight hunger and poverty or that

assist individuals in becoming self-reliant;

(2) be experienced in the establishment of a clearinghouse

similar to the clearinghouse described in subsection (a) of this

section;

(3) agree to contribute in-kind resources towards the

establishment and maintenance of the clearinghouse and agree to

provide clearinghouse information, free of charge, to the

Secretary, States, counties, cities, antihunger groups, and

grassroots organizations that assist individuals in becoming

self-sufficient and self-reliant;

(4) be sponsored by an organization, or be an organization,

that -

(A) has helped combat hunger for at least 10 years;

(B) is committed to reinvesting in the United States; and

(5) be experienced in communicating the purpose of the

clearinghouse through the media, including the radio and print

media, and be able to provide access to the clearinghouse

information through computer or telecommunications technology, as

well as through the mails; and

(6) be able to provide examples, advice, and guidance to

States, counties, cities, communities, antihunger groups, and

local organizations regarding means of assisting individuals and

communities to reduce reliance on government programs, reduce

hunger, improve nutrition, and otherwise assist low-income

individuals and communities become more self-sufficient.

The Secretary shall establish fair and reasonable auditing

procedures regarding the expenditures of funds to carry out this

section.

(d) Funding

Out of any moneys in the Treasury not otherwise appropriated, the

Secretary of the Treasury shall pay to the Secretary to provide to

the organization selected under this section, to establish and

maintain the information clearinghouse, $200,000 for each of fiscal

years 1995 and 1996, $150,000 for fiscal year 1997, $100,000 for

fiscal year 1998, and $166,000 for each of fiscal years 1999

through 2003. The Secretary shall be entitled to receive the funds

and shall accept the funds, without further appropriation.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 26, as added Pub. L. 103-448, title I,

Sec. 123, Nov. 2, 1994, 108 Stat. 4731; amended Pub. L. 105-336,

title I, Secs. 103(c)(2), 112, Oct. 31, 1998, 112 Stat. 3147,

3157.)

-MISC1-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-336 substituted "$100,000 for

fiscal year 1998, and $166,000 for each of fiscal years 1999

through 2003" for "and $100,000 for fiscal year 1998" in first

sentence and inserted ", without further appropriation" before

period at end of second sentence.

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

Section effective Oct. 1, 1994, see section 401 of Pub. L.

103-448, set out as an Effective Date of 1994 Amendment note under

section 1755 of this title.

-End-

-CITE-

42 USC Sec. 1769h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 13 - SCHOOL LUNCH PROGRAMS

-HEAD-

Sec. 1769h. Accommodation of the special dietary needs of

individuals with disabilities

-STATUTE-

(a) Definitions

In this section:

(1) Covered program

The term "covered program" means -

(A) the school lunch program authorized under this chapter;

(B) the school breakfast program authorized under section 4

of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and

Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] (except

for section 17 [42 U.S.C. 1786]) that the Secretary determines

is appropriate.

(2) Eligible entity

The term "eligible entity" means a school food authority,

institution, or service institution that participates in a

covered program.

(b) Activities

The Secretary may carry out activities to help accommodate the

special dietary needs of individuals with disabilities who are

participating in a covered program. The activities may include -

(1) developing and disseminating to State agencies guidance and

technical assistance materials;

(2) conducting training of State agencies and eligible

entities; and

(3) providing grants to State agencies and eligible entities.

There are authorized to be appropriated such sums as are

necessary to carry out this section for each of fiscal years 1999

through 2003.

-SOURCE-

(June 4, 1946, ch. 281, Sec. 27, as added Pub. L. 103-448, title I,

Sec. 124, Nov. 2, 1994, 108 Stat. 4732; amended Pub. L. 105-220,

title IV, Sec. 414(d), Aug. 7, 1998, 112 Stat. 1242; Pub. L.

105-336, title I, Sec. 113, Oct. 31, 1998, 112 Stat. 3157.)

-REFTEXT-

REFERENCES IN TEXT

The Child Nutrition Act of 1966, referred to in subsec.

(a)(1)(C), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as

amended, which is classified generally to chapter 13A (Sec. 1771 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 1771 of this title

and Tables.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-336 amended section generally, substituting

present provisions for former provisions relating to guidance and

grants for accommodating special dietary needs of children with

disabilities.

Subsec. (a)(1)(B). Pub. L. 105-220 substituted "section 705 of

title 29" for "section 706(8) of title 29".

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

Section effective Oct. 1, 1994, see section 401 of Pub. L.

103-448, set out as an Effective Date of 1994 Amendment note under

section 1755 of this title.

-End-

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País:	Estados Unidos

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

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