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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Browse Source 
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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legal/us/code/title-42/chapter-13/section-1751.md
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---
type: "LegalText"
title: "42 U.S.C. § 1752"
description: "Authorization of appropriations; “Secretary” defined"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "13"
chapter_name: "SCHOOL LUNCH PROGRAMS"
section: "1752"
citation: "42 U.S.C. § 1752"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
source_identifier: "/us/usc/t42/s1752"
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tags: ["legal", "us-code"]
---
# 42 U.S.C. § 1752 - Authorization of appropriations; “Secretary” defined
## Text
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.
(June 4, 1946, ch. 281, § 3, 60 Stat. 230; Pub. L. 87–823, § 1, Oct. 15, 1962, 76 Stat. 944; Pub. L. 90–302, § 1, May 8, 1968, 82 Stat. 117; Pub. L. 91–248, § 1(a), May 14, 1970, 84 Stat. 208; Pub. L. 93–326, § 7, June 30, 1974, 88 Stat. 287; Pub. L. 94–105, § 24, Oct. 7, 1975, 89 Stat. 529; Pub. L. 99–500, title III, § 371(a)(2), Oct. 18, 1986, 100 Stat. 1783–368, and Pub. L. 99–591, title III, § 371(a)(2), Oct. 30, 1986, 100 Stat. 3341–371; Pub. L. 99–661, div. D, title V, § 4501(a)(2), Nov. 14, 1986, 100 Stat. 4080.)
## Notes
Editorial Notes
References in TextThe Child Nutrition Act of 1966, referred to in text, is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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.
Codification Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments1986—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.”
Statutory Notes and Related Subsidiaries
Appropriations as Functions of Health and Human ServicesPub. L. 90–302, § 1, May 8, 1968, 82 Stat. 117, as amended by Pub. L. 96–88, title V, § 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.”
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---
type: "LegalText"
title: "42 U.S.C. § 1753"
description: "Apportionments to States"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "13"
chapter_name: "SCHOOL LUNCH PROGRAMS"
section: "1753"
citation: "42 U.S.C. § 1753"
status: "current"
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release_date: "2026-06-26"
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---
# 42 U.S.C. § 1753 - Apportionments to States
## Text
(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.
(3) Additional reimbursement.— (A) Regulations.— (i) Proposed regulations.— Notwithstanding section 1758(f) of this title, not later than 18 months after December 13, 2010, the Secretary shall promulgate proposed regulations to update the meal patterns and nutrition standards for the school lunch program authorized under this chapter and the school breakfast program established by section 1773 of this title based on recommendations made by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences.
(ii) Interim or final regulations.— (I) In general.— Not later than 18 months after promulgation of the proposed regulations under clause (i), the Secretary shall promulgate interim or final regulations.
(II) Date of required compliance.— The Secretary shall establish in the interim or final regulations a date by which all school food authorities participating in the school lunch program authorized under this Act and the school breakfast program established by section 1773 of this title are required to comply with the meal pattern and nutrition standards established in the interim or final regulations.
(iii) Report to congress.— Not later than 90 days after December 13, 2010, and each 90 days thereafter until the Secretary has promulgated interim or final regulations under clause (ii), the Secretary shall 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 quarterly report on progress made toward promulgation of the regulations described in this subparagraph.
(B) Performance-based reimbursement rate increase.— Beginning on the later of the date of promulgation of the implementing regulations described in subparagraph (A)(ii), December 13, 2010, or October 1, 2012, the Secretary shall provide additional reimbursement for each lunch served in school food authorities determined to be eligible under subparagraph (D).
(C) Additional reimbursement.— (i) In general.— Each lunch served in school food authorities determined to be eligible under subparagraph (D) shall receive an additional 6 cents, adjusted in accordance with section 1759a(a)(3) of this title, to the national lunch average payment for each lunch served.
(ii) Disbursement.— The State agency shall disburse funds made available under this paragraph to school food authorities eligible to receive additional reimbursement.
(D) Eligible school food authority.— To be eligible to receive an additional reimbursement described in this paragraph, a school food authority shall be certified by the State to be in compliance with the interim or final regulations described in subparagraph (A)(ii).
(E) Failure to comply.— Beginning on the later of the date described in subparagraph (A)(ii)(II), December 13, 2010, or October 1, 2012, school food authorities found to be out of compliance with the meal patterns or nutrition standards established by the implementing regulations shall not receive the additional reimbursement for each lunch served described in this paragraph.
(F) Administrative costs.— (i) In general.— Subject to clauses (ii) and (iii), the Secretary shall make funds available to States for State activities related to training, technical assistance, certification, and oversight activities of this paragraph.
(ii) Provision of funds.— The Secretary shall provide funds described in clause (i) to States administering a school lunch program in a manner proportional to the administrative expense allocation of each State during the preceding fiscal year.
(iii) Funding.— (I) In general.— In the later of the fiscal year in which the implementing regulations described in subparagraph (A)(ii) are promulgated or the fiscal year in which this paragraph is enacted, and in the subsequent fiscal year, the Secretary shall use not more than $50,000,000 of funds made available under section 1752 of this title to make payments to States described in clause (i).
(II) Reservation.— In providing funds to States under clause (i), the Secretary may reserve not more than $3,000,000 per fiscal year to support Federal administrative activities to carry out this paragraph.
(June 4, 1946, ch. 281, § 4, 60 Stat. 230; July 12, 1952, ch. 699, § 1(a), 66 Stat. 591; Pub. L. 87–688, § 3(a), Sept. 25, 1962, 76 Stat. 587; Pub. L. 87–823, § 2, Oct. 15, 1962, 76 Stat. 944; Pub. L. 92–433, § 4(c), Sept. 26, 1972, 86 Stat. 726; Pub. L. 93–150, § 2(a), Nov. 7, 1973, 87 Stat. 560; Pub. L. 97–35, title VIII, §§ 801(a), 819(g), Aug. 13, 1981, 95 Stat. 521, 533; Pub. L. 101–147, title III, §§ 301, 312(2), Nov. 10, 1989, 103 Stat. 913, 916; Pub. L. 111–296, title II, § 201, Dec. 13, 2010, 124 Stat. 3214.)
## Notes
Editorial Notes
Amendments2010—Subsec. (b)(3). Pub. L. 111–296 added par. (3). 1989—Pub. L. 101–147, § 301, inserted “Apportionments to States” as section catchline. Subsec. (b)(2). Pub. L. 101–147, § 312(2), substituted “reduced price” for “reduced-price”. 1981—Subsec. (a). Pub. L. 97–35, §§ 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, § 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.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2010 AmendmentAmendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.
Effective Date of 1981 AmendmentPub. L. 97–35, title VIII, § 820(a), Aug. 13, 1981, 95 Stat. 534, 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 AmendmentPub. L. 92–433, § 4(c), Sept. 26, 1972, 86 Stat. 726, provided that the amendment made by that section is effective after the fiscal year ending June 30, 1973.
Effective Date of 1962 AmendmentPub. L. 87–688, § 3(b), Sept. 25, 1962, 76 Stat. 587, 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 AmendmentAct July 12, 1952, ch. 699, § 1(d), 66 Stat. 591, 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 RegulationsPub. L. 97–35, title VIII, § 820(c), Aug. 13, 1981, 95 Stat. 535, 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].”
Support for Child Nutrition Programs; Temporary ReimbursementsPub. L. 117–158, § 2(a), June 25, 2022, 136 Stat. 1309, provided that: “(1) Temporary lunch reimbursement.—Each lunch served under the school lunch program authorized under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) shall receive additional reimbursement in the amount of 40 cents. “(2) Temporary breakfast reimbursement.—Each breakfast served under the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) shall receive additional reimbursement in the amount of 15 cents. “(3) Limitation.—The additional reimbursement amounts authorized under this subsection shall only be available for the school year beginning July 2022. “(4) Appropriations.—“(A) In general.—There is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this subsection. “(B) Disbursement.—A State agency shall disburse funds made available under subparagraph (A) to school food authorities participating in the school meal programs described in paragraphs (1) and (2).”
Reduction in General Reimbursement for Fiscal Year Ending September 30, 1981Pub. L. 96–499, title II, § 201(a), Dec. 5, 1980, 94 Stat. 2599, provided that the national average payment per lunch under this chapter shall be reduced by 2½ 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, § 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 FundsPub. L. 92–433, § 4(a), Sept. 26, 1972, 86 Stat. 725, 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 AppropriationPub. L. 92–153, § 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 StatesPub. L. 92–433, § 4(b), Sept. 26, 1972, 86 Stat. 726, 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, § 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.”
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---
type: "LegalText"
title: "42 U.S.C. § 1754"
description: "Nutrition promotion"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "13"
chapter_name: "SCHOOL LUNCH PROGRAMS"
section: "1754"
citation: "42 U.S.C. § 1754"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
source_identifier: "/us/usc/t42/s1754"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 42 U.S.C. § 1754 - Nutrition promotion
## Text
(a) In general Subject to the availability of funds made available under subsection (g), the Secretary shall make payments to State agencies for each fiscal year, in accordance with this section, to promote nutrition in food service programs under this chapter and the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(b) Total amount for each fiscal year The total amount of funds available for a fiscal year for payments under this section shall equal not more than the product obtained by multiplying—
(1) ½ cent; by
(2) the number of lunches reimbursed through food service programs under this chapter during the second preceding fiscal year in schools, institutions, and service institutions that participate in the food service programs.
(c) Payments to States (1) Allocation Subject to paragraph (2), from the amount of funds available under subsection (g) for a fiscal year, the Secretary shall allocate to each State agency an amount equal to the greater of—
(A) a uniform base amount established by the Secretary; or
(B) an amount determined by the Secretary, based on the ratio that—
(i) the number of lunches reimbursed through food service programs under this chapter in schools, institutions, and service institutions in the State that participate in the food service programs; bears to
(ii) the number of lunches reimbursed through the food service programs in schools, institutions, and service institutions in all States that participate in the food service programs.
(2) Reductions The Secretary shall reduce allocations to State agencies qualifying for an allocation under paragraph (1)(B), in a manner determined by the Secretary, to the extent necessary to ensure that the total amount of funds allocated under paragraph (1) is not greater than the amount appropriated under subsection (g).
(d) Use of payments (1) Use by State agencies A State agency may reserve, to support dissemination and use of nutrition messages and material developed by the Secretary, up to—
(A) 5 percent of the payment received by the State for a fiscal year under subsection (c); or
(B) in the case of a small State (as determined by the Secretary), a higher percentage (as determined by the Secretary) of the payment.
(2) Disbursement to schools and institutions Subject to paragraph (3), the State agency shall disburse any remaining amount of the payment to school food authorities and institutions participating in food service programs described in subsection (a) to disseminate and use nutrition messages and material developed by the Secretary.
(3) Summer food service program for children In addition to any amounts reserved under paragraph (1), in the case of the summer food service program for children established under section 1761 of this title, the State agency may—
(A) retain a portion of the funds made available under subsection (c) (as determined by the Secretary); and
(B) use the funds, in connection with the program, to disseminate and use nutrition messages and material developed by the Secretary.
(e) Documentation A State agency, school food authority, and institution receiving funds under this section shall maintain documentation of nutrition promotion activities conducted under this section.
(f) Reallocation The Secretary may reallocate, to carry out this section, any amounts made available to carry out this section that are not obligated or expended, as determined by the Secretary.
(g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.
(June 4, 1946, ch. 281, § 5, as added Pub. L. 108–265, title I, § 101, June 30, 2004, 118 Stat. 730.)
## Notes
Editorial Notes
References in TextThe Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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.
Prior ProvisionsA prior section 1754, acts June 4, 1946, ch. 281, § 5, 60 Stat. 231; July 12, 1952, ch. 699, § 1(b), 66 Stat. 591; Sept. 25, 1962, Pub. L. 87–688, § 3(a), 76 Stat. 587; Oct. 15, 1962, Pub. L. 87–823, § 3(a), 76 Stat. 945; Nov. 10, 1977, Pub. L. 95–166, § 3, 91 Stat. 1332, related to amount, apportionment, etc., for food service equipment assistance, prior to repeal by Pub. L. 97–35, title VIII, §§ 805(a), 820(a)(4), Aug. 13, 1981, 95 Stat. 527, 534, effective Oct. 1, 1981.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 108–265, title V, § 502, June 30, 2004, 118 Stat. 789, as amended by Pub. L. 108–447, div. A, title VII, § 788(f), Dec. 8, 2004, 118 Stat. 2851, provided that: “(a) In General.—Except as otherwise provided in this Act [see Short Title of 2004 Amendment note set out under section 1751 of this title], this Act and the amendments made by this Act take effect on the date of enactment of this Act [June 30, 2004]. “(b) Special Effective Dates.—“(1) July 1, 2004.—The amendments made by sections 106, 107, 126(c), and 201 [amending sections 1758, 1773, and 1776 of this title] take effect on July 1, 2004. “(2) October 1, 2004.—The amendments made by sections 119(c), 119(g), 202(a), 203(a), 203(b), 203(c)(1), 203(c)(5), 203(e)(8), 203(e)(10), 203(e)(13), 203(f), 203(h)(1), and 203(h)(2) [amending sections 1766, 1776, and 1786 of this title] take effect on October 1, 2004. “(3) January 1, 2005.—The amendments made by sections 116(f)(1) and 116(f)(3) [amending section 1769 of this title] take effect on January 1, 2005. “(4) July 1, 2005.—The amendments made by sections 102, 104 (other than section 104(a)(1)), 105, 111, and 126(b) [amending sections 1396a, 1758, 1759a, and 1769c of this title and section 2020 of Title 7, Agriculture] take effect on July 1, 2005. “(5) October 1, 2005.—The amendments made by sections 116(d) and 203(e)(9) [amending sections 1761 and 1786 of this title] take effect on October 1, 2005.”
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# 42 U.S.C. § 1755a - Whole grain products
## Text
(a) Purpose The purpose of this section is to encourage greater awareness and interest in the number and variety of whole grain products available to schoolchildren, as recommended by the 2005 Dietary Guidelines for Americans.
(b) Definition of eligible whole grains and whole grain products In this section, the terms “whole grains” and “whole grain products” have the meaning given the terms by the Food and Nutrition Service in the HealthierUS School Challenge.
(c) Purchase of whole grains and whole grain products In addition to the commodities delivered under section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755), the Secretary shall purchase whole grains and whole grain products for use in—
(1) the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and
(2) the school breakfast program established by section 1773 of this title.
(d) Evaluation Not later than September 30, 2011, the Secretary shall conduct an evaluation of the activities conducted under subsection (c) that includes—
(1) an evaluation of whether children participating in the school lunch and breakfast programs increased their consumption of whole grains;
(2) an evaluation of which whole grains and whole grain products are most acceptable for use in the school lunch and breakfast programs;
(3) any recommendations of the Secretary regarding the integration of whole grain products in the school lunch and breakfast programs; and
(4) an evaluation of any other outcomes determined to be appropriate by the Secretary.
(e) Report As soon as practicable after the completion of the evaluation under subsection (d), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representative 11 So in original. Probably should be “Representatives”. a report describing the results of the evaluation.
(Pub. L. 110–234, title IV, § 4305, May 22, 2008, 122 Stat. 1131; Pub. L. 110–246, § 4(a), title IV, § 4305, June 18, 2008, 122 Stat. 1664, 1892.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in subsec. (c), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables.
Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Richard B. Russell National School Lunch Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective DateEnactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. Section effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as an Effective Date of 2008 Amendment note under section 1161 of Title 2, The Congress.
Definition of “Secretary”“Secretary” means the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
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# 42 U.S.C. § 1755b - Pulse crop products
## Text
(a) Purpose The purpose of this section is to encourage greater awareness and interest in the number and variety of pulse crop products available to schoolchildren, as recommended by the most recent Dietary Guidelines for Americans published under section 5341 of title 7.
(b) Definitions In this section:
(1) Eligible pulse crop The term “eligible pulse crop” means dry beans, dry peas, lentils, and chickpeas.
(2) Pulse crop product The term “pulse crop product” means a food product derived in whole or in part from an eligible pulse crop.
(c) Purchase of pulse crops and pulse crop products In addition to the commodities delivered under section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755), subject to the availability of appropriations, the Secretary shall purchase eligible pulse crops and pulse crop products for use in—
(1) the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and
(2) the school breakfast program established by section 1773 of this title.
(d) Evaluation Not later than September 30, 2016, the Secretary shall conduct an evaluation of the activities conducted under subsection (c), including—
(1) an evaluation of whether children participating in the school lunch and breakfast programs described in subsection (c) increased overall consumption of eligible pulse crops as a result of the activities;
(2) an evaluation of which eligible pulse crops and pulse crop products are most acceptable for use in the school lunch and breakfast programs;
(3) any recommendations of the Secretary regarding the integration of the use of pulse crop products in carrying out the school lunch and breakfast programs;
(4) an evaluation of any change in the nutrient composition in the school lunch and breakfast programs due to the activities; and
(5) an evaluation of any other outcomes determined to be appropriate by the Secretary.
(e) Report As soon as practicable after the completion of the evaluation under subsection (d), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and the Workforce of the House of Representative 11 So in original. Probably should be “Representatives”. a report describing the results of the evaluation.
(f) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended.
(Pub. L. 113–79, title IV, § 4213, Feb. 7, 2014, 128 Stat. 830.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in subsec. (c)(1), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables.
Codification Section was enacted as part of the Agricultural Act of 2014, and not as part of the Richard B. Russell National School Lunch Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definition of “Secretary”“Secretary” means the Secretary of Agriculture, see section 9001 of Title 7, Agriculture.
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# 42 U.S.C. § 1756 - Payments to States
## Text
(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) 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).
(c) Certification of payments by Secretary 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.
(June 4, 1946, ch. 281, § 7, 60 Stat. 232; Pub. L. 91–248, § 4, May 14, 1970, 84 Stat. 209; Pub. L. 92–433, § 10, Sept. 26, 1972, 86 Stat. 731; Pub. L. 94–105, § 5, Oct. 7, 1975, 89 Stat. 511; Pub. L. 95–166, § 19(b), Nov. 10, 1977, 91 Stat. 1345; Pub. L. 97–35, title VIII, § 804, Aug. 13, 1981, 95 Stat. 526; Pub. L. 101–147, title III, § 303, Nov. 10, 1989, 103 Stat. 913; Pub. L. 103–448, title I, § 104, Nov. 2, 1994, 108 Stat. 4701.)
## Notes
Editorial Notes
Amendments1994—Subsec. (d). Pub. L. 103–448 added subsec. (d). 1989—Pub. L. 101–147, § 303(a), inserted “Payments to States” as section catchline. Subsec. (a)(2). Pub. L. 101–147, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentPub. L. 95–166, § 19, Nov. 10, 1977, 91 Stat. 1345, provided that the amendment made by that section is effective July 1, 1977.
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# 42 U.S.C. § 1757 - State disbursement to schools
## Text
(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) shall be permanent agreements that may be amended as necessary.
(c) Suspension or termination of agreements 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.
(June 4, 1946, ch. 281, § 8, 60 Stat. 232; Pub. L. 92–433, § 8, Sept. 26, 1972, 86 Stat. 729; Pub. L. 93–150, § 2(b), Nov. 7, 1973, 87 Stat. 560; Pub. L. 95–166, § 3, Nov. 10, 1977, 91 Stat. 1332; Pub. L. 95–627, § 10(d)(1), Nov. 10, 1978, 92 Stat. 3624; Pub. L. 97–35, title VIII, § 819(d), Aug. 13, 1981, 95 Stat. 533; Pub. L. 101–147, title II, § 201, title III, §§ 304, 312(1), Nov. 10, 1989, 103 Stat. 908, 914, 916; Pub. L. 104–193, title VII, § 701(a), Aug. 22, 1996, 110 Stat. 2287.)
## Notes
Editorial Notes
Amendments1996—Pub. L. 104–193 designated first and second sentences as subsecs. (a) and (b), respectively, substituted “in subsection (a)” 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, § 312(1), substituted “school lunch” for “school-lunch” in three places. Pub. L. 101–147, § 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, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment 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 AmendmentAmendment 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.
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# 42 U.S.C. § 1758a - State performance on enrolling children receiving program benefits for free school meals
## Text
(a) In general Not later than December 31, 2008 and June 30 of each year thereafter, the Secretary shall submit to the Committees on Agriculture and Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that assesses the effectiveness of each State in enrolling school-aged children in households receiving program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (referred to in this section as “program benefits”) for free school meals using direct certification.
(b) Specific measures The assessment of the Secretary of the performance of each State shall include—
(1) an estimate of the number of school-aged children, by State, who were members of a household receiving program benefits at any time in July, August, or September of the prior year;
(2) an estimate of the number of school-aged children, by State, who were directly certified as eligible for free lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), based on receipt of program benefits, as of October 1 of the prior year; and
(3) an estimate of the number of school-aged children, by State, who were members of a household receiving program benefits at any time in July, August, or September of the prior year who were not candidates for direct certification because on October 1 of the prior year the children attended a school operating under the special assistance provisions of section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) that is not operating in a base year.
(c) Performance innovations The report of the Secretary shall describe best practices from States with the best performance or the most improved performance from the previous year.
(Pub. L. 110–234, title IV, § 4301, May 22, 2008, 122 Stat. 1125; Pub. L. 110–246, § 4(a), title IV, § 4301, June 18, 2008, 122 Stat. 1664, 1886.)
## Notes
Editorial Notes
References in TextThe Food and Nutrition Act of 2008, referred to in subsec. (a), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. The Richard B. Russell National School Lunch Act, referred to in subsec. (b)(2), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables.
Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Richard B. Russell National School Lunch Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective DateEnactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. Section effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as an Effective Date of 2008 Amendment note under section 1161 of Title 2, The Congress.
Definition of “Secretary”“Secretary” means the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
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# 42 U.S.C. § 1758b - Local school wellness policy
## Text
(a) In general Each local educational agency participating in a program authorized by this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall establish a local school wellness policy for all schools under the jurisdiction of the local educational agency.
(b) Guidelines The Secretary shall promulgate regulations that provide the framework and guidelines for local educational agencies to establish local school wellness policies, including, at a minimum,—
(1) goals for nutrition promotion and education, physical activity, and other school-based activities that promote student wellness;
(2) for all foods available on each school campus under the jurisdiction of the local educational agency during the school day, nutrition guidelines that—
(A) are consistent with sections 1758 and 1766 of this title, and sections 4 and 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1773, 1779); and
(B) promote student health and reduce childhood obesity;
(3) a requirement that the local educational agency permit parents, students, representatives of the school food authority, teachers of physical education, school health professionals, the school board, school administrators, and the general public to participate in the development, implementation, and periodic review and update of the local school wellness policy;
(4) a requirement that the local educational agency inform and update the public (including parents, students, and others in the community) about the content and implementation of the local school wellness policy; and
(5) a requirement that the local educational agency—
(A) periodically measure and make available to the public an assessment on the implementation of the local school wellness policy, including—
(i) the extent to which schools under the jurisdiction of the local educational agency are in compliance with the local school wellness policy;
(ii) the extent to which the local school wellness policy of the local educational agency compares to model local school wellness policies; and
(iii) a description of the progress made in attaining the goals of the local school wellness policy; and
(B) designate 1 or more local educational agency officials or school officials, as appropriate, to ensure that each school complies with the local school wellness policy.
(c) Local discretion The local educational agency shall use the guidelines promulgated by the Secretary under subsection (b) to determine specific policies appropriate for the schools under the jurisdiction of the local educational agency.
(d) Technical assistance and best practices (1) In general The Secretary, in consultation with the Secretary of Education and the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, shall provide information and technical assistance to local educational agencies, school food authorities, and State educational agencies for use in establishing healthy school environments that are intended to promote student health and wellness.
(2) Content The Secretary shall provide technical assistance that—
(A) includes resources and training on designing, implementing, promoting, disseminating, and evaluating local school wellness policies and overcoming barriers to the adoption of local school wellness policies;
(B) includes model local school wellness policies and best practices recommended by Federal agencies, State agencies, and nongovernmental organizations;
(C) includes such other technical assistance as is required to promote sound nutrition and establish healthy school nutrition environments; and
(D) is consistent with the specific needs and requirements of local educational agencies.
(3) Study and report (A) In general Subject to the availability of appropriations, the Secretary, in conjunction with the Director of the Centers for Disease Control and Prevention, shall prepare a report on the implementation, strength, and effectiveness of the local school wellness policies carried out in accordance with this section.
(B) Study of local school wellness policies The study described in subparagraph (A) shall include—
(i) an analysis of the strength and weaknesses of local school wellness policies and how the policies compare with model local wellness policies recommended under paragraph (2)(B); and
(ii) an assessment of the impact of the local school wellness policies in addressing the requirements of subsection (b).
(C) Report Not later than January 1, 2014, the Secretary shall 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 that describes the findings of the study.
(D) Authorization of appropriations There are authorized to be appropriated to carry out this paragraph $3,000,000 for fiscal year 2011, to remain available until expended.
(June 4, 1946, ch. 281, § 9A, as added Pub. L. 111–296, title II, § 204(a), Dec. 13, 2010, 124 Stat. 3216.)
## Notes
Editorial Notes
References in TextThe Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective DateSection effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title.
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# 42 U.S.C. § 1759 - Direct disbursement to schools by Secretary
## Text
(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)). 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.
(June 4, 1946, ch. 281, § 10, 60 Stat. 233; Pub. L. 87–823, § 4, Oct. 15, 1962, 76 Stat. 945; Pub. L. 91–248, § 1(b), May 14, 1970, 84 Stat. 208; Pub. L. 93–433, § 4(d), Sept. 26, 1972, 86 Stat. 726; Pub. L. 93–150, § 3(b), Nov. 7, 1973, 87 Stat. 562; Pub. L. 94–105, § 7, Oct. 7, 1975, 89 Stat. 514; Pub. L. 97–35, title VIII, § 817(a), Aug. 13, 1981, 95 Stat. 531.)
## Notes
Editorial Notes
Amendments1981—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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment 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.
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# 42 U.S.C. § 1762 - Summer electronic benefits transfer for children program
## Text
(a) Program established The Secretary shall establish a program under which States and covered Indian Tribal organizations electing to participate in such program shall, beginning with summer 2024 and annually for each summer thereafter, issue to each eligible household summer electronic benefit transfer benefits (referred to in this section as “summer EBT benefits”)—
(1) in accordance with this section; and
(2) for the purpose of providing nutrition assistance through electronic benefit transfer or methods described in clauses (ii) and (iii) of subsection (b)(2)(B) during the summer months for each eligible child, to ensure continued access to food when school is not in session for the summer.
(b) Summer EBT benefits requirements (1) Purchase options (A) Benefits issued by states Summer EBT benefits issued pursuant to subsection (a) by a State may only be used by the eligible household that receives such summer EBT benefits to purchase food (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under such Act [7 U.S.C. 2011 et seq.] and in accordance with section 7(b) of such Act (7 U.S.C. 2016(b)) or in the nutrition assistance program in American Samoa, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.
(B) Benefits issued by covered Indian Tribal organizations Summer EBT benefits issued pursuant to subsection (a) by a covered Indian Tribal organization may only be used by the eligible household that receives such summer EBT benefits to purchase supplemental foods from vendors that have been approved for participation in the special supplemental nutrition program for women, infants, and children under section 1786 of this title.
(2) Amount Summer EBT benefits issued pursuant to subsection (a)—
(A) shall be—
(i) for calendar year 2024, in an amount equal to $40, which may be proportionately higher consistent with the adjustments established under section 1760(f) of this title for each eligible child in the eligible household per month during the summer operational period; and
(ii) for calendar year 2025 and each year thereafter, in an amount equal to the unrounded benefit amount from the prior year, adjusted to the nearest lower dollar increment to reflect changes to the cost of the diet described in section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)) for the 12-month period ending on November 30 of the preceding calendar year and rounded to the nearest lower dollar increment; and
(B) may be issued—
(i) in the form of an EBT card;
(ii) through other electronic methods, as determined by the Secretary; or
(iii) in the case of a State that does not issue nutrition assistance program benefits electronically, using the same methods by which that State issues benefits under the nutrition assistance program of that State.
(3) Enforcement Summer EBT benefits issued pursuant to subsection (a) shall—
(A) be subject to sections 12, 14, and 15 of the Food and Nutrition Act of 2008 (7 U.S.C. 2021, 2023, 2024) and subsections (n), (o), and (p) of section 1786 of this title, as applicable; and
(B) to the maximum extent practicable, incorporate technology tools consistent with industry standards that track or prevent theft of benefits, cloning, or other fraudulent activities.
(4) Timing (A) In general Except as provided in subparagraph (B), summer EBT benefits issued pursuant to subsection (a) may only be issued for the purpose of purchasing food during the summer months, with appropriate issuance and expungement timelines as determined by the Secretary (but with an expungement timeline not to exceed 4 months).
(B) Continuous school calendar In the case of children who are under a continuous school calendar, the Secretary shall establish alternative plans for the period during which summer EBT benefits may be issued pursuant to subsection (a) and used.
(c) Enrollment in program (1) State requirements States that elect to participate in the program under this section shall—
(A) with respect to summer, automatically enroll each eligible child who is directly certified, is an identified student (as defined in section 1759a(a)(1)(F)(i) of this title), or is otherwise determined by a school food authority to be eligible to receive free or reduced price meals in the instructional year immediately preceding the summer or during the summer operational period in the program under this section, without further application from households;
(B) make an application available for children who do not meet the criteria described in subparagraph (A) and make eligibility determinations using the eligibility criteria for free or reduced price lunches under this chapter;
(C) establish procedures to carry out the enrollment described in subparagraph (A);
(D) establish procedures for expunging summer EBT benefits from the account of a household, consistent with the requirements under subsection (b)(4); and
(E) allow eligible households to opt out of participation in the program under this section and establish procedures for opting out of such participation.
(2) Covered Indian Tribal organization requirements Covered Indian Tribal organizations participating in the program under this section shall, to the maximum extent practicable, meet the requirements under paragraph (1).
(d) Administrative expenses The Secretary shall pay to each State agency and covered Indian Tribal organization an amount equal to 50 percent of the administrative expenses incurred by the State agency or covered Indian Tribal organization in operating the program under this section, including the administrative expenses of local educational agencies and other agencies in each State or covered Indian Tribal organization relating to the operation of the program under this section.
(e) Summer EBT authority Beginning in summer 2024, the Secretary shall not allow States to use the authority in section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (Public Law 111–80; 123 Stat. 2132), to provide access to food through electronic benefit transfer benefits to children during the summer months when schools are not in regular session.
(f) Issuance of interim final regulations Not later than 1 year after December 29, 2022, the Secretary shall promulgate regulations (which shall include interim final regulations) to carry out this section, including provisions that—
(1) incorporate best practices and lessons learned from demonstration projects under—
(A) section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (Public Law 111–80; 123 Stat. 2132); and
(B) the pandemic EBT program under section 1101 of the Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116–127);
(2) ensure timely and fair service to applicants for and recipients of benefits under this section;
(3) establish quality assurance and program integrity procedures to ensure that States and local educational agencies have adequate processes—
(A) to correctly determine the eligibility of children for benefits under this section; and
(B) to reliably enroll and issue benefits to eligible children; and
(4) allow States and covered Indian Tribal organizations to streamline program administration, including by—
(A) automatically enrolling each eligible child who is able to be directly certified; and
(B) establishing a single summer operational period.
(g) Administrative and management plan Beginning in 2024, each State desiring to participate in the program under this section shall comply with the requirements under section 1761(n) of this title.
(h) Definitions In this section:
(1) Covered Indian Tribal organization The term “covered Indian Tribal organization” means an Indian Tribal organization that participates in the special supplemental nutrition program for women, infants, and children established under section 1786 of this title.
(2) Eligible child The term “eligible child” means, with respect to a summer, a child who—
(A) was, at the end of the instructional year immediately preceding such summer or during the summer operational period—
(i) certified to receive free or reduced price lunch under the school lunch program under this chapter;
(ii) certified to receive free or reduced price breakfast under the school breakfast program under section 1773 of this title; or
(iii) able to be directly certified;
(B) was, at the end of the instructional year immediately preceding such summer—
(i) enrolled in a school described in subparagraph (B), (C), (D), (E), or (F) of section 1759a(a)(1) of this title; and
(ii) (I) an identified student (as defined in section 1759a(a)(1)(F)(i) of this title); or
(II) a child who otherwise met the requirements to receive free or reduced price meals, as determined through an application process using the eligibility criteria for free or reduced price meals under this chapter; or
(C) has been determined to be eligible for the program under this section in accordance with subsection (c)(1)(B).
(3) Eligible household The term “eligible household” means a household that includes at least 1 eligible child.
(4) Supplemental foods The term “supplemental foods”—
(A) means foods—
(i) containing nutrients determined by nutritional research to be lacking in the diets of children; and
(ii) that promote the health of the population served by the program under this section, as indicated by relevant nutrition science, public health concerns, and cultural eating patterns, as determined by the Secretary; and
(B) includes foods not described in subparagraph (A) substituted by State agencies, with the approval of the Secretary, that—
(i) provide the nutritional equivalent of foods described in such subparagraph; and
(ii) allow for different cultural eating patterns than foods described in such subparagraph.
(June 4, 1946, ch. 281, § 13A, as added Pub. L. 117–328, div. HH, title IV, § 502(c), Dec. 29, 2022, 136 Stat. 5990.)
## Notes
Editorial Notes
References in TextThe Food and Nutrition Act of 2008, referred to in subsec. (b)(1)(A), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. Section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010, referred to in subsecs. (e) and (f)(1)(A), is section 749(g) of Pub. L. 111–80, Oct. 21, 2009, 123 Stat. 2132, which is not classified to the Code.
Prior ProvisionsA prior section 1762, act June 4, 1946, ch. 281, § 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, prior to repeal by Pub. L. 101–147, title III, § 308, Nov. 10, 1989, 103 Stat. 915.
Statutory Notes and Related Subsidiaries
No Duplication of Summer BenefitsPub. L. 117–328, div. HH, title IV, § 502(e), Dec. 29, 2022, 136 Stat. 5994, provided that: “A State may not provide to a household summer EBT benefits (as described in section 13A(a) of the Richard B. Russell National School Lunch Act [42 U.S.C. 1762(a)]) under that section and benefits under section 1101(i) of the Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116–127) for the same period.”
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# 42 U.S.C. § 1763 - Repealed. Pub. L. 101–147, title I, § 104, Nov. 10, 1989, 103 Stat. 883
## Notes
Section, act June 4, 1946, ch. 281, § 15, formerly § 14, as added May 14, 1970, Pub. L. 91–248, § 9, 84 Stat. 213; amended Nov. 7, 1973, Pub. L. 93–150, § 8, 87 Stat. 564; renumbered § 15, June 30, 1974, Pub. L. 93–326, § 2, 88 Stat. 286; Nov. 10, 1977, Pub. L. 95–166, § 16, 91 Stat. 1344; Aug. 13, 1981, Pub. L. 97–35, title VIII, § 819(i), 95 Stat. 533, established National Advisory Council on Child Nutrition.
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# 42 U.S.C. § 1764 - Repealed. Pub. L. 94–105, § 22, Oct. 7, 1975, 89 Stat. 528
## Notes
Section, act June 4, 1946, ch. 281, § 15, as added June 30, 1971, Pub. L. 92–32, § 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.
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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# 42 U.S.C. § 1765 - Election to receive cash payments
## Text
(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.
(June 4, 1946, ch. 281, § 16, as added Pub. L. 94–105, § 12, Oct. 7, 1975, 89 Stat. 515; amended Pub. L. 101–147, title III, § 309, Nov. 10, 1989, 103 Stat. 915; Pub. L. 105–336, title I, § 101(b), Oct. 31, 1998, 112 Stat. 3144.)
## Notes
Editorial Notes
References in TextThe Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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.
Amendments1998—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.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.
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# 42 U.S.C. § 1766a - Meal supplements for children in afterschool care
## Text
(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
(C) operate afterschool programs with an educational or 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.
(c) Reimbursement (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.
(June 4, 1946, ch. 281, § 17A, as added Pub. L. 101–147, title I, § 106(a), Nov. 10, 1989, 103 Stat. 885; amended Pub. L. 105–336, title I, § 108, Oct. 31, 1998, 112 Stat. 3153.)
## Notes
Editorial Notes
References in TextThe Child Nutrition Act of 1966, referred to in subsec. (c)(1), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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.
Amendments1998—Subsec. (a)(1). Pub. L. 105–336, § 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, § 108(a)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: “are participating in the child care food program under section 1766 of this title on May 15, 1989.” Subsec. (b). Pub. L. 105–336, § 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, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.
RegulationsPub. L. 101–147, title I, § 106(b), Nov. 10, 1989, 103 Stat. 886, 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).”
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# 42 U.S.C. § 1766b - Repealed. Pub. L. 105–336, title I, § 107(j)(2)(C)(i), Oct. 31, 1998, 112 Stat. 3153
## Notes
Section, act June 4, 1946, ch. 281, § 17B, as added Pub. L. 103–448, title I, § 117(a)(1), Nov. 2, 1994, 108 Stat. 4715, related to homeless children nutrition program.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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.
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# 42 U.S.C. § 1769a - Fresh fruit and vegetable program
## Text
(a) In general For the school year beginning July 2008 and each subsequent school year, the Secretary shall provide grants to States to carry out a program to make free fresh fruits and vegetables available in elementary schools (referred to in this section as the “program”).
(b) Program A school participating in the program shall make free fresh fruits and vegetables available to students throughout the school day (or at such other times as are considered appropriate by the Secretary) in 1 or more areas designated by the school.
(c) Funding to States (1) Minimum grant Except as provided in subsection (i)(2), the Secretary shall provide to each of the 50 States and the District of Columbia an annual grant in an amount equal to 1 percent of the funds made available for a year to carry out the program.
(2) Additional funding Of the funds remaining after grants are made under paragraph (1), the Secretary shall allocate additional funds to each State that is operating a school lunch program under section 1753 of this title based on the proportion that—
(A) the population of the State; bears to
(B) the population of the United States.
(d) Selection of schools (1) In general Except as provided in paragraph (2) of this subsection and section 4304(a)(2) of the Food, Conservation, and Energy Act of 2008, each year, in selecting schools to participate in the program, each State shall—
(A) ensure that each school chosen to participate in the program is a school—
(i) in which not less than 50 percent of the students are eligible for free or reduced price meals under this chapter; and
(ii) that submits an application in accordance with subparagraph (D);
(B) to the maximum extent practicable, give the highest priority to schools with the highest proportion of children who are eligible for free or reduced price meals under this chapter;
(C) ensure that each school selected is an elementary school (as defined in section 7801 11 See References in Text note below. of title 20);
(D) solicit applications from interested schools that include—
(i) information pertaining to the percentage of students enrolled in the school submitting the application who are eligible for free or reduced price school lunches under this chapter;
(ii) a certification of support for participation in the program signed by the school food manager, the school principal, and the district superintendent (or equivalent positions, as determined by the school);
(iii) a plan for implementation of the program, including efforts to integrate activities carried out under this section with other efforts to promote sound health and nutrition, reduce overweight and obesity, or promote physical activity; and
(iv) such other information as may be requested by the Secretary; and
(E) encourage applicants to submit a plan for implementation of the program that includes a partnership with 1 or more entities that will provide non-Federal resources (including entities representing the fruit and vegetable industry).
(2) Exception Clause (i) of paragraph (1)(A) shall not apply to a State if all schools that meet the requirements of that clause have been selected and the State does not have a sufficient number of additional schools that meet the requirement of that clause.
(3) Outreach to low-income schools (A) In general Prior to making decisions regarding school participation in the program, a State agency shall inform the schools within the State with the highest proportion of free and reduced price meal eligibility, including Native American schools, of the eligibility of the schools for the program with respect to priority granted to schools with the highest proportion of free and reduced price eligibility under paragraph (1)(B).
(B) Requirement In providing information to schools in accordance with subparagraph (A), a State agency shall inform the schools that would likely be chosen to participate in the program under paragraph (1)(B).
(e) Notice of availability If selected to participate in the program, a school shall widely publicize within the school the availability of free fresh fruits and vegetables under the program.
(f) Per-student grant The per-student grant provided to a school under this section shall be—
(1) determined by a State agency; and
(2) not less than $50, nor more than $75.
(g) Limitation To the maximum extent practicable, each State agency shall ensure that in making the fruits and vegetables provided under this section available to students, schools offer the fruits and vegetables separately from meals otherwise provided at the school under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(h) Evaluation and reports (1) In general The Secretary shall conduct an evaluation of the program, including a determination as to whether children experienced, as a result of participating in the program—
(A) increased consumption of fruits and vegetables;
(B) other dietary changes, such as decreased consumption of less nutritious foods; and
(C) such other outcomes as are considered appropriate by the Secretary.
(2) Report Not later than September 30, 2011, the Secretary shall 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 that describes the results of the evaluation under paragraph (1).
(i) Funding (1) In general Out of the funds made available under subsection (b)(2)(A) of section 612c–6 of title 7, the Secretary shall use the following amounts to carry out this section:
(A) On October 1, 2008, $40,000,000.
(B) On July 1, 2009, $65,000,000.
(C) On July 1, 2010, $101,000,000.
(D) On July 1, 2011, $150,000,000.
(E) On July 1, 2012, and each July 1 thereafter, the amount made available for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding April 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food.
(2) Maintenance of existing funding In allocating funding made available under paragraph (1) among the States in accordance with subsection (c), the Secretary shall ensure that each State that received funding under section 1769(f) of this title on the day before the date of enactment of the Food, Conservation, and Energy Act of 2008 shall continue to receive sufficient funding under this section to maintain the caseload level of the State under that section as in effect on that date.
(3) Evaluation funding On October 1, 2008, out of any funds made available under subsection (b)(2)(A) of section 612c–6 of title 7, the Secretary shall use to carry out the evaluation required under subsection (h), $3,000,000, to remain available for obligation until September 30, 2010.
(4) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section any funds transferred for that purpose, without further appropriation.
(5) Authorization of appropriations In addition to any other amounts made available to carry out this section, there are authorized to be appropriated such sums as are necessary to expand the program established under this section.
(6) Administrative costs (A) In general Of funds made available to carry out this section for a fiscal year, the Secretary may use not more than $500,000 for the administrative costs of carrying out the program.
(B) Reservation of funds The Secretary shall allow each State to reserve such funding as the Secretary determines to be necessary to administer the program in the State (with adjustments for the size of the State and the grant amount), but not to exceed the amount required to pay the costs of 1 full-time coordinator for the program in the State.
(7) Reallocation (A) Among States The Secretary may reallocate any amounts made available to carry out this section that are not obligated or expended by a date determined by the Secretary.
(B) Within States A State that receives a grant under this section may reallocate any amounts made available under the grant that are not obligated or expended by a date determined by the Secretary.
(June 4, 1946, ch. 281, § 19, as added Pub. L. 110–234, title IV, § 4304(a)(1), May 22, 2008, 122 Stat. 1127, and Pub. L. 110–246, § 4(a), title IV, § 4304(a)(1), June 18, 2008, 122 Stat. 1664, 1888.)
## Notes
Editorial Notes
References in TextSection 4304(a)(2) of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (d)(1), is section 4304(a)(2) of Pub. L. 110–246, which is set out as a note below. Section 7801 of title 20, referred to in subsec. (d)(1)(C), was in the original a reference to section 9101 of Pub. L. 89–10, which was renumbered section 8101 of Pub. L. 89–10 by Pub. L. 114–95, title VIII, § 8001(a)(1), Dec. 10, 2015, 129 Stat. 2089. The Child Nutrition Act of 1966, referred to in subsec. (g), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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 date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (i)(2), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Prior Provisions A prior section 1769a, act June 4, 1946, ch. 281, § 19, formerly § 21, as added Nov. 10, 1977, Pub. L. 95–166, § 13, 91 Stat. 1338; renumbered § 19, Oct. 18, 1986, Pub. L. 99–500, title III, § 371(c)(1), 100 Stat. 1783–368, and Oct. 30, 1986, Pub. L. 99–591, title III, § 371(c)(1), 100 Stat. 3341–372; renumbered § 19, Nov. 14, 1986, Pub. L. 99–661, div. D, title V, § 4501(c)(1), 100 Stat. 4080; Nov. 10, 1989, Pub. L. 101–147, title I, § 108, 103 Stat. 887; Nov. 2, 1994, Pub. L. 103–448, title I, § 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.), prior to repeal by Pub. L. 104–193, title VII, § 710, Aug. 22, 1996, 110 Stat. 2301.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective DateEnactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. Section effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as an Effective Date of 2008 Amendment note under section 1161 of Title 2, The Congress.
Pilot Project for Canned, Frozen, or Dried Fruits and VegetablesPub. L. 113–79, title IV, § 4214, Feb. 7, 2014, 128 Stat. 831, provided that: “(a) In General.—Subject to subsection (b), in the 2014–2015 school year, the Secretary [of Agriculture] shall carry out a pilot project in schools participating in the Fresh Fruit and Vegetable Program under section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) (referred to in this section as the “Program”), in not less than 5 States, to evaluate the impact of allowing schools to offer canned, frozen, or dried fruits and vegetables as part of the Program. “(b) Requirements.—Not later than 60 days after the date of enactment of this Act [Feb. 14, 2014], the Secretary shall establish criteria for the conditions under which canned, frozen, or dried fruits and vegetables may be offered, which shall be in accordance with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). “(c) Evaluation.—With respect to the pilot project, the Secretary shall evaluate—“(1) the impacts on fruit and vegetable consumption at the schools participating in the pilot project; “(2) the impacts of the pilot project on school participation in the Program and operation of the Program; “(3) the implementation strategies used by the schools participating in the pilot project; “(4) the acceptance of the pilot project by key stakeholders; and “(5) such other outcomes as are determined by the Secretary. “(d) Reports.—“(1) Interim report.—Not later than January 1, 2015, 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 that describes the results of the evaluation under subsection (c). “(2) Final report.—On completion of the pilot project, 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 that describes the results of the evaluation under subsection (c). “(e) Notice of Availability.—As soon as practicable after the date on which the Secretary establishes the criteria for the pilot project under subsection (b), the Secretary shall notify potentially eligible schools of the potential eligibility of the schools for participation in the pilot project. “(f) Relationship to Fresh Fruit and Vegetable Program.—Nothing in this section permits a school that is not a part of the pilot project to offer anything other than fresh fruits and vegetables through the Program. “(g) Funding.—The Secretary shall use $5,000,000 of amounts otherwise made available to the Secretary to carry out this section.”
Transition of Existing SchoolsPub. L. 110–234, title IV, § 4304(a)(2), May 22, 2008, 122 Stat. 1130, and Pub. L. 110–246, § 4(a), title IV, § 4304(a)(2), June 18, 2008, 122 Stat. 1664, 1891, provided that: “(A) Existing secondary schools.—Section 19(d)(1)(C) of the Richard B. Russell National School Lunch Act [42 U.S.C. 1769a(d)(1)(C)] (as amended by paragraph (1)) may be waived by a State until July 1, 2010, for each secondary school in the State that has been awarded funding under section 18(f) of that Act (42 U.S.C. 1769(f)) for the school year beginning July 1, 2008. “(B) School year beginning july 1, 2008.—To facilitate transition from the program authorized under section 18(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(f)) (as in effect on the day before the date of enactment of this Act [June 18, 2008]) to the program established under section 19 of that Act [42 U.S.C. 1769a] (as amended by paragraph (1))—“(i) for the school year beginning July 1, 2008, the Secretary [of Agriculture] may permit any school selected for participation under section 18(f) of that Act (42 U.S.C. 1769(f)) for that school year to continue to participate under section 19 of that Act [42 U.S.C. 1769a] until the end of that school year; and “(ii) funds made available under that Act [42 U.S.C. 1751 et seq.] for fiscal year 2009 may be used to support the participation of any schools selected to participate in the program authorized under section 18(f) of that Act (42 U.S.C. 1769(f)) (as in effect on the day before the date of enactment of this Act [June 18, 2008]).” [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
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# 42 U.S.C. § 1769b–1 - Training, technical assistance, and food service management institute
## Text
(a) General authority The Secretary—
(1) subject to the availability of, and from, amounts appropriated pursuant to subsection (e)(1), shall conduct training activities and provide—
(A) training and technical assistance to improve the skills of individuals employed in—
(i) food service programs carried out with assistance under this chapter and, to the maximum extent practicable, using individuals who administer exemplary local food service programs in the State;
(ii) school breakfast programs carried out with assistance under section 1773 of this title; and
(iii) as appropriate, other federally assisted feeding programs; and
(B) assistance, on a competitive basis, to State agencies for the purpose of aiding schools and school food authorities with at least 50 percent of enrolled children certified to receive free or reduced price meals (and, if there are any remaining funds, other schools and school food authorities) in meeting the cost of acquiring or upgrading technology and information management systems for use in food service programs carried out under this chapter and section 1773 of this title, if the school or school food authority submits to the State agency an infrastructure development plan that—
(i) addresses the cost savings and improvements in program integrity and operations that would result from the use of new or upgraded technology;
(ii) ensures that there is not any overt identification of any child by special tokens or tickets, announced or published list of names, or by any other means;
(iii) provides for processing and verifying applications for free and reduced price school meals;
(iv) integrates menu planning, production, and serving data to monitor compliance with section 1758(f)(1) of this title; and
(v) establishes compatibility with statewide reporting systems;
(C) assistance, on a competitive basis, to State agencies with low proportions of schools or students that—
(i) participate in the school breakfast program under section 1773 of this title; and
(ii) demonstrate the greatest need, for the purpose of aiding schools in meeting costs associated with initiating or expanding a school breakfast program under section 1773 of this title, including outreach and informational activities; and
(2) from amounts appropriated pursuant to subsection (e)(2), 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) 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.
(c) Duties of food service management institute (1) In general Any food service management institute established as authorized by subsection (a)(2) 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
(C) as appropriate, other federally assisted feeding 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, including food handling, hazard analysis and critical control point plan implementation, emergency readiness, responding to a food recall, and food biosecurity training;
(vii) meal planning and related nutrition activities;
(viii) culinary skills; and
(ix) other appropriate activities;
(C) establishing a national network of trained professionals 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;
(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) with activities carried out by any food service management institute established as authorized by subsection (a)(2).
(2) Use of institute for dietary and nutrition activities The Secretary shall use any food service management institute established under subsection (a)(2) to assist in carrying out dietary and nutrition activities of the Secretary.
(e) Food service management institute (1) Funding (A) In general In addition to any amounts otherwise made available for fiscal year 2011, on October 1, 2010, and each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out subsection (a)(2) $5,000,000, to remain available until expended.
(B) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out subsection (a)(2) the funds transferred under subparagraph (A), without further appropriation.
(2) Additional funding In addition to amounts made available under paragraph (1), there are authorized to be appropriated to carry out subsection (a)(2) such sums as are necessary for fiscal year 1995 and each subsequent fiscal year. The Secretary shall carry out activities under subsection (a)(2), in addition to the activities funded under paragraph (1), to the extent provided for, and in such amounts as are provided for, in advance in appropriations Acts.
(3) Funding for education, training, or applied research or studies In addition to amounts made available under paragraphs (1) and (2), 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) 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.
(f) Administrative training and technical assistance material In collaboration with State educational agencies, local educational agencies, and school food authorities of varying sizes, the Secretary shall develop and distribute training and technical assistance material relating to the administration of school meals programs that are representative of the best management and administrative practices.
(g) Federal administrative support (1) Funding (A) In general Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this subsection—
(i) on October 1, 2004, and October 1, 2005, $3,000,000;
(ii) on October 1, 2006, October 1, 2007, October 1, 2008, and October 1, 2009, $2,000,000; and
(iii) on October 1, 2010, and every October 1 thereafter, $4,000,000.
(B) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.
(C) Availability of funds Funds transferred under subparagraph (A) shall remain available until expended.
(2) Use of funds The Secretary may use funds provided under this subsection—
(A) to provide training and technical assistance and material related to improving program integrity and administrative accuracy in school meals programs; and
(B) to assist State educational agencies in reviewing the administrative practices of local educational agencies, to the extent determined by the Secretary.
(June 4, 1946, ch. 281, § 21, as added Pub. L. 101–147, title I, § 109, Nov. 10, 1989, 103 Stat. 887; amended Pub. L. 102–337, § 1, Aug. 7, 1992, 106 Stat. 865; Pub. L. 103–448, title I, § 120, Nov. 2, 1994, 108 Stat. 4726; Pub. L. 105–336, title I, §§ 103(c)(2), 110, Oct. 31, 1998, 112 Stat. 3147, 3157; Pub. L. 108–265, title I, §§ 125, 126(a), title II, § 205(b), June 30, 2004, 118 Stat. 761, 763, 787; Pub. L. 108–447, div. A, title VII, § 788(c), Dec. 8, 2004, 118 Stat. 2851; Pub. L. 111–80, title VII, § 749(e), Oct. 21, 2009, 123 Stat. 2132; Pub. L. 111–296, title IV, §§ 406, 407, Dec. 13, 2010, 124 Stat. 3259, 3260.)
## Notes
Editorial Notes
Amendments2010—Subsec. (e). Pub. L. 111–296, § 406, substituted “Food service management institute” for “Authorization of appropriations” in heading, added par. (1), redesignated former subpars. (B) and (C) of former par. (2) as pars. (2) and (3), respectively, and realigned margins, substituted “paragraph (1)” for “subparagraph (A)” in two places in par. (2) and “paragraphs (1) and (2)” for “subparagraphs (A) and (B)” in par. (3), and struck out former pars. (1) and (2)(A) which related to authorization of appropriations for training activities and technical assistance and funding for the food service management institute, respectively. Subsec. (g)(1)(A)(iii). Pub. L. 111–296, § 407, added cl. (iii). 2009—Subsec. (g)(1)(A)(ii). Pub. L. 111–80 substituted “October 1, 2008, and October 1, 2009” for “and October 1, 2008”. 2004—Subsec. (a)(1). Pub. L. 108–265, § 125(a), substituted provisions relating to training and technical assistance under this chapter, section 1773 of this title, and other federally assisted programs, including assistance on a competitive basis to State agencies for the purpose of aiding schools with at least 50 percent of enrolled children certified to receive free or reduced price meals, and to State agencies with low proportions of students that participate in the school breakfast program and demonstrate the greatest need, for provisions relating to training activities and technical assistance under this chapter, section 1773 of this title, and other federally assisted programs. Subsec. (c)(2)(B)(vi) to (x). Pub. L. 108–265, § 125(b), added cl. (vi), struck out former cls. (vi) and (vii), which related to safety and food handling, respectively, and redesignated former cls. (viii) to (x) as (vii) to (ix), respectively. Subsec. (c)(2)(E). Pub. L. 108–265, § 205(b), struck out “, including activities carried out with assistance provided under section 1788 of this title” before semicolon at end. Subsec. (e)(1). Pub. L. 108–265, § 125(c)(1), substituted “2009” for “2003”. Subsec. (e)(2)(A). Pub. L. 108–447 inserted “and” after “2005”. Pub. L. 108–265, § 125(c)(2), substituted “provide to the Secretary” for “provide to the Secretary $147,000 for fiscal year 1995, $2,000,000 for each of fiscal years 1996 through 1998, and” and “2004 and $4,000,000 for fiscal year 2005” for “1999 and”. Subsecs. (f), (g). Pub. L. 108–265, § 126(a), added subsecs. (f) and (g). 1998—Subsec. (c)(2)(F), (H). Pub. L. 105–336, § 110(a), substituted “established by the Secretary” for “of section 1769e of this title”. Subsec. (e)(1). Pub. L. 105–336, § 110(b), substituted “2003” for “1998”. Subsec. (e)(2)(A). Pub. L. 105–336, § 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, § 103(c)(2), inserted “, without further appropriation” before period at end of second sentence. 1994—Subsec. (a)(1). Pub. L. 103–448, § 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, § 120(a)(1), added cl. (ix) and redesignated former cl. (ix) as (x). Subsec. (c)(2)(F) to (H). Pub. L. 103–448, § 120(a)(2)–(4), added subpars. (F) to (H). Subsec. (d). Pub. L. 103–448, § 120(b), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (e). Pub. L. 103–448, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.
Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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.
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# 42 U.S.C. § 1769b - Department of Defense overseas dependents’ schools
## Text
(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.
(c) Nutritional standards for meals; noncompliance with standards The Secretary of Defense shall be required to offer meals meeting nutritional standards prescribed by the Secretary of Agriculture; however, the Secretary of Defense may authorize deviations from Department of Agriculture prescribed meal patterns, fluid milk requirements, and nutritional standards for nondairy beverages 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.
(June 4, 1946, ch. 281, § 20, formerly § 22, as added Pub. L. 95–561, title XIV, § 1408(a), Nov. 1, 1978, 92 Stat. 2368; renumbered § 20 and amended Pub. L. 99–500, title III, §§ 328(a), 371(c)(1), Oct. 18, 1986, 100 Stat. 1783–362, 1783–368, and Pub. L. 99–591, title III, §§ 328(a), 371(c)(1), Oct. 30, 1986, 100 Stat. 3341–365, 3341–372; renumbered § 20 and amended Pub. L. 99–661, div. D, title II, § 4208(a), title V, § 4501(c)(1), Nov. 14, 1986, 100 Stat. 4073, 4080; Pub. L. 101–147, title III, § 312(2), Nov. 10, 1989, 103 Stat. 916; Pub. L. 119–69, § 2(b)(2), Jan. 14, 2026, 139 Stat. 1998.)
## Notes
Editorial Notes
Codification Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Prior ProvisionsA 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.
Amendments2026—Subsec. (c). Pub. L. 119–69 substituted “patterns, fluid milk requirements, and nutritional standards for nondairy beverages” for “patterns and fluid milk requirements”. 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, § 328(a), and Pub. L. 99–661, § 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”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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.
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# 42 U.S.C. § 1769c - Compliance and accountability
## Text
(a) Unified accountability system (1) 11 So in original. No par. (2) has been enacted. In general There shall be a unified system prescribed and administered by the Secretary to ensure that local food service authorities participating in the school lunch program established under this chapter and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) comply with those Acts, including compliance with—
(A) the nutritional requirements of section 1758(f) of this title for school lunches; and
(B) as applicable, the nutritional requirements for school breakfasts under section 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).
(b) Functions of system (1) In general Under the system described in subsection (a), each State educational agency shall—
(A) require that local food service authorities comply with the nutritional requirements described in subparagraphs (A) and (B) of paragraph (1); 22 So in original. Probably means subpars. (A) and (B) of par. (1) of subsec. (a).
(B) to the maximum extent practicable, ensure compliance through reasonable audits and supervisory assistance reviews;
(C) in conducting audits and reviews for the purpose of determining compliance with this chapter, including the nutritional requirements of section 1758(f) of this title—
(i) conduct audits and reviews during a 3-year cycle or other period prescribed by the Secretary;
(ii) select schools for review in each local educational agency using criteria established by the Secretary;
(iii) report the final results of the reviews to the public in the State in an accessible, easily understood manner in accordance with guidelines promulgated by the Secretary; and
(iv) submit to the Secretary each year a report containing the results of the reviews in accordance with procedures developed by the Secretary; and
(D) when any local food service authority is reviewed under this section, ensure that the final results of the review by the State educational agency are posted and otherwise made available to the public on request in an accessible, easily understood manner in accordance with guidelines promulgated by the Secretary.
(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.
(3) Additional review requirement for selected local educational agencies (A) Definition of selected local educational agencies In this paragraph, the term “selected local educational agency” means a local educational agency that has a demonstrated high level of, or a high risk for, administrative error, as determined by the Secretary.
(B) Additional administrative review In addition to any review required by subsection (a) or paragraph (1), each State educational agency shall conduct an administrative review of each selected local educational agency during the review cycle established under subsection (a).
(C) Scope of review In carrying out a review under subparagraph (B), a State educational agency shall only review the administrative processes of a selected local educational agency, including application, certification, verification, meal counting, and meal claiming procedures.
(D) Results of review If the State educational agency determines (on the basis of a review conducted under subparagraph (B)) that a selected local educational agency fails to meet performance criteria established by the Secretary, the State educational agency shall—
(i) require the selected local educational agency to develop and carry out an approved plan of corrective action;
(ii) except to the extent technical assistance is provided directly by the Secretary, provide technical assistance to assist the selected local educational agency in carrying out the corrective action plan; and
(iii) conduct a followup review of the selected local educational agency under standards established by the Secretary.
(4) Retaining funds after administrative reviews (A) In general Subject to subparagraphs (B) and (C), if the local educational agency fails to meet administrative performance criteria established by the Secretary in both an initial review and a followup review under paragraph (1) or (3) or subsection (a), the Secretary may require the State educational agency to retain funds that would otherwise be paid to the local educational agency for school meals programs under procedures prescribed by the Secretary.
(B) Amount The amount of funds retained under subparagraph (A) shall equal the value of any overpayment made to the local educational agency or school food authority as a result of an erroneous claim during the time period described in subparagraph (C).
(C) Time period The period for determining the value of any overpayment under subparagraph (B) shall be the period—
(i) beginning on the date the erroneous claim was made; and
(ii) ending on the earlier of the date the erroneous claim is corrected or—
(I) in the case of the first followup review conducted by the State educational agency of the local educational agency under this section after July 1, 2005, the date that is 60 days after the beginning of the period under clause (i); or
(II) in the case of any subsequent followup review conducted by the State educational agency of the local educational agency under this section, the date that is 90 days after the beginning of the period under clause (i).
(5) Use of retained funds (A) In general Subject to subparagraph (B), funds retained under paragraph (4) shall—
(i) be returned to the Secretary, and may be used—
(I) to provide training and technical assistance related to administrative practices designed to improve program integrity and administrative accuracy in school meals programs to State educational agencies and, to the extent determined by the Secretary, to local educational agencies and school food authorities;
(II) to assist State educational agencies in reviewing the administrative practices of local educational agencies in carrying out school meals programs; and
(III) to carry out section 1769b–1(f) of this title; or
(ii) be credited to the child nutrition programs appropriation account.
(B) State share A State educational agency may retain not more than 25 percent of an amount recovered under paragraph (4), to carry out school meals program integrity initiatives to assist local educational agencies and school food authorities that have repeatedly failed, as determined by the Secretary, to meet administrative performance criteria.
(C) Requirement To be eligible to retain funds under subparagraph (B), a State educational agency shall—
(i) submit to the Secretary a plan describing how the State educational agency will use the funds to improve school meals program integrity, including measures to give priority to local educational agencies from which funds were retained under paragraph (4);
(ii) consider using individuals who administer exemplary local food service programs in the provision of training and technical assistance; and
(iii) obtain the approval of the Secretary for the plan.
(6) Eligibility determination review for selected local educational agencies (A) In general A local educational agency that has demonstrated a high level of, or a high risk for, administrative error associated with certification, verification, and other administrative processes, as determined by the Secretary, shall ensure that the initial eligibility determination for each application is reviewed for accuracy prior to notifying a household of the eligibility or ineligibility of the household for free or reduced price meals.
(B) Timeliness The review of initial eligibility determinations—
(i) shall be completed in a timely manner; and
(ii) shall not result in the delay of an eligibility determination for more than 10 operating days after the date on which the application is submitted.
(C) Acceptable types of review Subject to standards established by the Secretary, the system used to review eligibility determinations for accuracy shall be conducted by an individual or entity that did not make the initial eligibility determination.
(D) Notification of household Once the review of an eligibility determination has been completed under this paragraph, the household shall be notified immediately of the determination of eligibility or ineligibility for free or reduced price meals.
(E) Reporting (i) Local educational agencies In accordance with procedures established by the Secretary, each local educational agency required to review initial eligibility determinations shall submit to the relevant State agency a report describing the results of the reviews, including—
(I) the number and percentage of reviewed applications for which the eligibility determination was changed and the type of change made; and
(II) such other information as the Secretary determines to be necessary.
(ii) State agencies In accordance with procedures established by the Secretary, each State agency shall submit to the Secretary a report describing the results of the reviews of initial eligibility determinations, including—
(I) the number and percentage of reviewed applications for which the eligibility determination was changed and the type of change made; and
(II) such other information as the Secretary determines to be necessary.
(iii) Transparency The Secretary shall publish annually the results of the reviews of initial eligibility determinations by State, number, percentage, and type of error.
(c) Role of Secretary 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) $10,000,000 for each of fiscal years 2011 through 2015.
(e) Fines for violating program requirements (1) School food authorities and schools (A) In general The Secretary shall establish criteria by which the Secretary or a State agency may impose a fine against any school food authority or school administering a program authorized under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if the Secretary or the State agency determines that the school food authority or school has—
(i) failed to correct severe mismanagement of the program;
(ii) disregarded a program requirement of which the school food authority or school had been informed; or
(iii) failed to correct repeated violations of program requirements.
(B) Limits (i) In general In calculating the fine for a school food authority or school, the Secretary shall base the amount of the fine on the reimbursement earned by school food authority or school for the program in which the violation occurred.
(ii) Amount The amount under clause (i) shall not exceed—
(I) 1 percent of the amount of meal reimbursements earned for the fiscal year for the first finding of 1 or more program violations under subparagraph (A);
(II) 5 percent of the amount of meal reimbursements earned for the fiscal year for the second finding of 1 or more program violations under subparagraph (A); and
(III) 10 percent of the amount of meal reimbursements earned for the fiscal year for the third or subsequent finding of 1 or more program violations under subparagraph (A).
(2) State agencies (A) In general The Secretary shall establish criteria by which the Secretary may impose a fine against any State agency administering a program authorized under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if the Secretary determines that the State agency has—
(i) failed to correct severe mismanagement of the program;
(ii) disregarded a program requirement of which the State had been informed; or
(iii) failed to correct repeated violations of program requirements.
(B) Limits In the case of a State agency, the amount of a fine under subparagraph (A) shall not exceed—
(i) 1 percent of funds made available under section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) for State administrative expenses during a fiscal year for the first finding of 1 or more program violations under subparagraph (A);
(ii) 5 percent of funds made available under section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) for State administrative expenses during a fiscal year for the second finding of 1 or more program violations under subparagraph (A); and
(iii) 10 percent of funds made available under section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) for State administrative expenses during a fiscal year for the third or subsequent finding of 1 or more program violations under subparagraph (A).
(3) Source of funding Funds to pay a fine imposed under paragraph (1) or (2) shall be derived from non-Federal sources.
(June 4, 1946, ch. 281, § 22, as added Pub. L. 101–147, title I, § 110(a), Nov. 10, 1989, 103 Stat. 889; amended Pub. L. 103–448, title I, § 121, Nov. 2, 1994, 108 Stat. 4727; Pub. L. 105–336, title I, § 111, Oct. 31, 1998, 112 Stat. 3157; Pub. L. 108–265, title I, §§ 126(b)(1), 127, June 30, 2004, 118 Stat. 763, 767; Pub. L. 111–296, title II, § 207, title III, §§ 303, 304, title IV, § 408, Dec. 13, 2010, 124 Stat. 3220, 3240, 3242, 3260.)
## Notes
Editorial Notes
References in TextThe Child Nutrition Act of 1966, referred to in subsecs. (a)(1) and (e)(1)(A), (2)(A), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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. Those Acts, referred to in subsec. (a)(1), mean the Richard B. Russell National School Lunch Act, which was in the original “this Act” and was translated to read “this chapter”, and the Child Nutrition Act of 1966. See above.
Prior ProvisionsA prior section 1769c, act June 4, 1946, ch. 281, § 22, as added Nov. 10, 1978, Pub. L. 95–627, § 9, 92 Stat. 3623, directed a study of menu choice, prior to repeal by Pub. L. 99–500, title III, § 371(b), Oct. 18, 1986, 100 Stat. 1783–368, and Pub. L. 99–591, title III, § 371(b), Oct. 30, 1986, 100 Stat. 3341–372; Pub. L. 99–661, div. D, title V, § 4501(b), Nov. 14, 1986, 100 Stat. 4080.
Amendments2010—Subsec. (a). Pub. L. 111–296, § 207(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “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.” Subsec. (b)(1). Pub. L. 111–296, § 207(2), added subpars. (A) to (D) and struck out former subpars. (A) and (B) which read as follows: “(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.” Subsec. (b)(6). Pub. L. 111–296, § 304, added par. (6). Subsec. (d). Pub. L. 111–296, § 408, substituted “$10,000,000 for each of fiscal years 2011 through 2015” for “$6,000,000 for each of fiscal years 2004 through 2009”. Subsec. (e). Pub. L. 111–296, § 303, added subsec. (e). 2004—Subsec. (b)(3) to (5). Pub. L. 108–265, § 126(b)(1), added pars. (3) to (5). Subsec. (d). Pub. L. 108–265, § 127, substituted “$6,000,000 for each of fiscal years 2004 through 2009” for “$3,000,000 for each of the fiscal years 1994 through 2003”. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.
Effective Date of 2004 AmendmentAmendment by section 126(b)(1) of Pub. L. 108–265 effective July 1, 2005, and amendment by section 127 of Pub. L. 108–265 effective June 30, 2004, see section 502(a), (b)(4) of Pub. L. 108–265, as amended, set out as an Effective Date note under section 1754 of this title.
Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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.
RegulationsPub. L. 101–147, title I, § 110(b), Nov. 10, 1989, 103 Stat. 889, 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).”
InterpretationPub. L. 108–265, title I, § 126(b)(2), June 30, 2004, 118 Stat. 765, provided that: “Nothing in the amendment made by paragraph (1) [amending this section] affects the requirements for fiscal actions as described in the regulations issued pursuant to section 22(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769c(a)).”
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# 42 U.S.C. § 1769d - Childhood hunger research
## Text
(a) Research on causes and consequences of childhood hunger (1) In general The Secretary shall conduct research on—
(A) the causes of childhood hunger and food insecurity;
(B) the characteristics of households with childhood hunger and food insecurity; and
(C) the consequences of childhood hunger and food insecurity.
(2) Authority In carrying out research under paragraph (1), the Secretary may—
(A) enter into competitively awarded contracts or cooperative agreements; or
(B) provide grants to States or public or private agencies or organizations, as determined by the Secretary.
(3) Application To be eligible to enter into a contract or cooperative agreement or receive a grant under this subsection, a State or public or private agency or organization shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require.
(4) Areas of inquiry The Secretary shall design the research program to advance knowledge and understanding of information on the issues described in paragraph (1), such as—
(A) economic, health, social, cultural, demographic, and other factors that contribute to childhood hunger or food insecurity;
(B) the geographic distribution of childhood hunger and food insecurity;
(C) the extent to which—
(i) existing Federal assistance programs, including title 26, reduce childhood hunger and food insecurity; and
(ii) childhood hunger and food insecurity persist due to—
(I) gaps in program coverage;
(II) the inability of potential participants to access programs; or
(III) the insufficiency of program benefits or services;
(D) the public health and medical costs of childhood hunger and food insecurity;
(E) an estimate of the degree to which the Census Bureau measure of food insecurity underestimates childhood hunger and food insecurity because the Census Bureau excludes certain households, such as homeless, or other factors;
(F) the effects of childhood hunger on child development, well-being, and educational attainment; and
(G) such other critical outcomes as are determined by the Secretary.
(5) Funding (A) In general On October 1, 2012, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $10,000,000, to remain available until expended.
(B) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.
(b) Demonstration projects to end childhood hunger (1) Definitions In this subsection:
(A) Child The term “child” means a person under the age of 18.
(B) Supplemental nutrition assistance program The term “supplemental nutrition assistance program” means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(2) Purpose Under such terms and conditions as are established by the Secretary, the Secretary shall carry out demonstration projects that test innovative strategies to end childhood hunger, including alternative models for service delivery and benefit levels that promote the reduction or elimination of childhood hunger and food insecurity.
(3) Projects Demonstration projects carried out under this subsection may include projects that—
(A) enhance benefits provided under the supplemental nutrition assistance program for eligible households with children;
(B) enhance benefits or provide for innovative program delivery models in the school meals, afterschool snack, and child and adult care food programs under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
(C) target Federal, State, or local assistance, including emergency housing or family preservation services, at households with children who are experiencing hunger or food insecurity, to the extent permitted by the legal authority establishing those assistance programs and services.
(4) Grants (A) Demonstration projects (i) In general In carrying out this subsection, the Secretary may enter into competitively awarded contracts or cooperative agreements with, or provide grants to, public or private organizations or agencies (as determined by the Secretary), for use in accordance with demonstration projects that meet the purposes of this subsection.
(ii) Requirement At least 1 demonstration project funded under this subsection shall be carried out on an Indian reservation in a rural area with a service population with a prevalence of diabetes that exceeds 15 percent, as determined by the Director of the Indian Health Service.
(B) Application To be eligible to receive a contract, cooperative agreement, or grant under this subsection, an organization or agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(C) Selection criteria Demonstration projects shall be selected based on publicly disseminated criteria that may include—
(i) an identification of a low-income target group that reflects individuals experiencing hunger or food insecurity;
(ii) a commitment to a demonstration project that allows for a rigorous outcome evaluation as described in paragraph (6);
(iii) a focus on innovative strategies to reduce the risk of childhood hunger or provide a significant improvement to the food security status of households with children; and
(iv) such other criteria as are determined by the Secretary.
(5) Consultation In determining the range of projects and defining selection criteria under this subsection, the Secretary shall consult with—
(A) the Secretary of Health and Human Services;
(B) the Secretary of Labor; and
(C) the Secretary of Housing and Urban Development.
(6) Evaluation and reporting (A) Independent evaluation The Secretary shall provide for an independent evaluation of each demonstration project carried out under this subsection that—
(i) measures the impact of each demonstration project on appropriate participation, food security, nutrition, and associated behavioral outcomes among participating households; and
(ii) uses rigorous experimental designs and methodologies, particularly random assignment or other methods that are capable of producing scientifically valid information regarding which activities are effective in reducing the prevalence or preventing the incidence of food insecurity and hunger in the community, especially among children.
(B) Reporting Not later than December 31, 2013 and each December 31 thereafter until the date on which the last evaluation under subparagraph (A) is completed, the Secretary shall—
(i) submit to the Committee on Agriculture and the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes a description of—
(I) the status of each demonstration project; and
(II) the results of any evaluations of the demonstration projects completed during the previous fiscal year; and
(ii) ensure that the evaluation results are shared broadly to inform policy makers, service providers, other partners, and the public in order to promote the wide use of successful strategies.
(7) Funding (A) In general On October 1, 2012, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $40,000,000, to remain available until September 30, 2017.
(B) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.
(C) Use of funds (i) In general Funds made available under subparagraph (A) may be used to carry out this subsection, including to pay Federal costs associated with developing, soliciting, awarding, monitoring, evaluating, and disseminating the results of each demonstration project under this subsection.
(ii) Indian reservations Of amounts made available under subparagraph (A), the Secretary shall use a portion of the amounts to carry out research relating to hunger, obesity and type 2 diabetes on Indian reservations, including research to determine the manner in which Federal nutrition programs can help to overcome those problems.
(iii) Report Not later than 1 year after December 13, 2010, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that—
(I) describes the manner in which Federal nutrition programs can help to overcome child hunger nutrition problems on Indian reservations; and
(II) contains proposed administrative and legislative recommendations to strengthen and streamline all relevant Department of Agriculture nutrition programs to reduce childhood hunger, obesity, and type 2 diabetes on Indian reservations.
(D) Limitations (i) Duration No project may be funded under this subsection for more than 5 years.
(ii) Project requirements No project that makes use of, alters, or coordinates with the supplemental nutrition assistance program may be funded under this subsection unless the project is fully consistent with the project requirements described in section 17(b)(1)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)).
(iii) Hunger-free communities No project may be funded under this subsection that receives funding under section 7517 of title 7.11 See References in Text note below.
(iv) Other benefits Funds made available under this subsection may not be used for any project in a manner that is inconsistent with—
(I) this chapter;
(II) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(III) the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
(IV) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.).
(June 4, 1946, ch. 281, § 23, as added Pub. L. 111–296, title I, § 141, Dec. 13, 2010, 124 Stat. 3206.)
## Notes
Editorial Notes
References in TextSection 7517 of title 7, referred to in subsec. (b)(7)(D)(iii), was amended generally by Pub. L. 113–79, title IV, § 4208, Feb. 7, 2014, 128 Stat. 826, and now relates to the Gus Schumacher nutrition incentive program. The Food and Nutrition Act of 2008, referred to in subsec. (b)(1)(B), (7)(D)(iv)(III), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. The Child Nutrition Act of 1966, referred to in subsec. (b)(3)(B), (7)(D)(iv)(II), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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 Emergency Food Assistance Act of 1983, referred to in subsec. (b)(7)(D)(iv)(IV), is title II of Pub. L. 98–8, Mar. 24, 1983, 97 Stat. 35, which is classified principally to chapter 102 (§ 7501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 7501 of Title 7 and Tables.
Prior ProvisionsA prior section 1769d, act June 4, 1946, ch. 281, § 23, as added Nov. 10, 1989, Pub. L. 101–147, title I, § 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, prior to repeal by Pub. L. 104–193, title VII, § 711, Aug. 22, 1996, 110 Stat. 2301.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective DateSection effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title.
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# 42 U.S.C. § 1769e - State childhood hunger challenge grants
## Text
(a) Definitions In this section:
(1) Child The term “child” means a person under the age of 18.
(2) Supplemental nutrition assistance program The term “supplemental nutrition assistance program” means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(b) Purpose Under such terms and conditions as are established by the Secretary, funds made available under this section may be used to competitively award grants to or enter into cooperative agreements with Governors to carry out comprehensive and innovative strategies to end childhood hunger, including alternative models for service delivery and benefit levels that promote the reduction or elimination of childhood hunger by 2015.
(c) Projects State demonstration projects carried out under this section may include projects that—
(1) enhance benefits provided under the supplemental nutrition assistance program for eligible households with children;
(2) enhance benefits or provide for innovative program delivery models in the school meals, afterschool snack, and child and adult care food programs under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(3) target Federal, State, or local assistance, including emergency housing, family preservation services, child care, or temporary assistance at households with children who are experiencing hunger or food insecurity, to the extent permitted by the legal authority establishing those assistance programs and services;
(4) enhance outreach to increase access and participation in Federal nutrition assistance programs; and
(5) improve the coordination of Federal, State, and community resources and services aimed at preventing food insecurity and hunger, including through the establishment and expansion of State food policy councils.
(d) Grants (1) In general In carrying out this section, the Secretary may competitively award grants or enter into competitively awarded cooperative agreements with Governors for use in accordance with demonstration projects that meet the purposes of this section.
(2) Application To be eligible to receive a grant or cooperative agreement under this section, a Governor shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(3) Selection criteria The Secretary shall evaluate proposals based on publicly disseminated criteria that may include—
(A) an identification of a low-income target group that reflects individuals experiencing hunger or food insecurity;
(B) a commitment to approaches that allow for a rigorous outcome evaluation as described in subsection (f);
(C) a comprehensive and innovative strategy to reduce the risk of childhood hunger or provide a significant improvement to the food security status of households with children; and
(D) such other criteria as are determined by the Secretary.
(4) Requirements Any project funded under this section shall provide for—
(A) a baseline assessment, and subsequent annual assessments, of the prevalence and severity of very low food security among children in the State, based on a methodology prescribed by the Secretary;
(B) a collaborative planning process including key stakeholders in the State that results in a comprehensive agenda to eliminate childhood hunger that is—
(i) described in a detailed project plan; and
(ii) provided to the Secretary for approval;
(C) an annual budget;
(D) specific performance goals, including the goal to sharply reduce or eliminate food insecurity among children in the State by 2015, as determined through a methodology prescribed by the Secretary and carried out by the Governor; and
(E) an independent outcome evaluation of not less than 1 major strategy of the project that measures—
(i) the specific impact of the strategy on food insecurity among children in the State; and
(ii) if applicable, the nutrition assistance participation rate among children in the State.
(e) Consultation In determining the range of projects and defining selection criteria under this section, the Secretary shall consult with—
(1) the Secretary of Health and Human Services;
(2) the Secretary of Labor;
(3) the Secretary of Education; and
(4) the Secretary of Housing and Urban Development.
(f) Evaluation and reporting (1) General performance assessment Each project authorized under this section shall require an independent assessment that—
(A) measures the impact of any activities carried out under the project on the level of food insecurity in the State that—
(i) focuses particularly on the level of food insecurity among children in the State; and
(ii) includes a preimplementation baseline and annual measurements taken during the project of the level of food insecurity in the State; and
(B) is carried out using a methodology prescribed by the Secretary.
(2) Independent evaluation Each project authorized under this section shall provide for an independent evaluation of not less than 1 major strategy that—
(A) measures the impact of the strategy on appropriate participation, food security, nutrition, and associated behavioral outcomes among participating households; and
(B) uses rigorous experimental designs and methodologies, particularly random assignment or other methods that are capable of producing scientifically valid information regarding which activities are effective in reducing the prevalence or preventing the incidence of food insecurity and hunger in the community, especially among children.
(3) Reporting Not later than December 31, 2011 and each December 31 thereafter until the date on which the last evaluation under paragraph (1) is completed, the Secretary shall—
(A) submit to the Committee on Agriculture and the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes a description of—
(i) the status of each State demonstration project; and
(ii) the results of any evaluations of the demonstration projects completed during the previous fiscal year; and
(B) ensure that the evaluation results are shared broadly to inform policy makers, service providers, other partners, and the public in order to promote the wide use of successful strategies.
(g) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2011 through 2014, to remain available until expended.
(2) Use of funds Funds made available under paragraph (1) may be used to carry out this section, including to pay Federal costs associated with developing, soliciting, awarding, monitoring, evaluating, and disseminating the results of each demonstration project under this section.
(3) Limitations (A) Duration No project may be funded under this section for more than 5 years.
(B) Performance basis Funds provided under this section shall be made available to each Governor on an annual basis, with the amount of funds provided for each year contingent on the satisfactory implementation of the project plan and progress towards the performance goals defined in the project year plan.
(C) Altering nutrition assistance program requirements No project that makes use of, alters, or coordinates with the supplemental nutrition assistance program may be funded under this section unless the project is fully consistent with the project requirements described in section 17(b)(1)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)).
(D) Other benefits Funds made available under this section may not be used for any project in a manner that is inconsistent with—
(i) this chapter;
(ii) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(iii) the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
(iv) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.).
(June 4, 1946, ch. 281, § 24, as added Pub. L. 111–296, title I, § 142, Dec. 13, 2010, 124 Stat. 3210.)
## Notes
Editorial Notes
References in TextThe Food and Nutrition Act of 2008, referred to in subsecs. (a)(2) and (g)(3)(D)(iii), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. The Child Nutrition Act of 1966, referred to in subsecs. (c)(2) and (g)(3)(D)(ii), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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 Emergency Food Assistance Act of 1983, referred to in subsec. (g)(3)(D)(iv), is title II of Pub. L. 98–8, Mar. 24, 1983, 97 Stat. 35, which is classified principally to chapter 102 (§ 7501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 7501 of Title 7 and Tables.
Prior ProvisionsA prior section 1769e, act June 4, 1946, ch. 281, § 24, as added Nov. 10, 1989, Pub. L. 101–147, title I, § 112, 103 Stat. 890, related to nutrition guidance for child nutrition programs, prior to repeal by Pub. L. 104–193, title VII, § 712, Aug. 22, 1996, 110 Stat. 2301.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective DateSection effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title.
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# 42 U.S.C. § 1769f - Duties of Secretary relating to nonprocurement debarment
## Text
(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;
(C) the child and adult care food program established under 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.
(c) Assistance to identify and prevent fraud and anticompetitive 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), 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;
(C) knowingly receiving stolen property;
(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), 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.
(C) Scope 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).
(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)), 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; or
(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.
(June 4, 1946, ch. 281, § 25, as added Pub. L. 103–448, title I, § 122(a), Nov. 2, 1994, 108 Stat. 4727; amended Pub. L. 105–336, title I, § 107(j)(2)(C)(ii), Oct. 31, 1998, 112 Stat. 3153.)
## Notes
Editorial Notes
Amendments1998—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;”.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 1998 AmendmentAmendment 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 DateSection 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. Pub. L. 103–448, title I, § 122(b), Nov. 2, 1994, 108 Stat. 4730, 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 BenefitsPub. L. 103–448, title I, § 122(c), Nov. 2, 1994, 108 Stat. 4731, 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).”
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# 42 U.S.C. § 1769g - Information clearinghouse
## Text
(a) In general The Secretary shall enter into a contract with a nongovernmental organization described in subsection (b) 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) 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);
(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
(C) is knowledgeable regarding Federal nutrition programs;
(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.
(c) Audits 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, $166,000 for each of fiscal years 1999 through 2004, and $250,000 for each of fiscal years 2010 through 2027. The Secretary shall be entitled to receive the funds and shall accept the funds, without further appropriation.
(June 4, 1946, ch. 281, § 26, as added Pub. L. 103–448, title I, § 123, Nov. 2, 1994, 108 Stat. 4731; amended Pub. L. 105–336, title I, §§ 103(c)(2), 112, Oct. 31, 1998, 112 Stat. 3147, 3157; Pub. L. 108–265, title I, § 128, June 30, 2004, 118 Stat. 767; Pub. L. 111–80, title VII, § 749(f), Oct. 21, 2009, 123 Stat. 2132; Pub. L. 111–296, title IV, § 409, Dec. 13, 2010, 124 Stat. 3260; Pub. L. 114–113, div. A, title IV, Dec. 18, 2015, 129 Stat. 2266; Pub. L. 114–223, div. C, § 148, as added Pub. L. 114–254, div. A, § 101(3), Dec. 10, 2016, 130 Stat. 1006; Pub. L. 115–31, div. A, title IV, May 5, 2017, 131 Stat. 159; Pub. L. 115–141, div. A, title IV, Mar. 23, 2018, 132 Stat. 373; Pub. L. 116–6, div. B, title IV, Feb. 15, 2019, 133 Stat. 67; Pub. L. 116–94, div. B, title IV, Dec. 20, 2019, 133 Stat. 2635; Pub. L. 116–260, div. A, title IV, Dec. 27, 2020, 134 Stat. 1209; Pub. L. 117–103, div. A, title IV, Mar. 15, 2022, 136 Stat. 77; Pub. L. 117–328, div. A, title IV, Dec. 29, 2022, 136 Stat. 4488; Pub. L. 118–42, div. B, title IV, Mar. 9, 2024, 138 Stat. 92; Pub. L. 119–37, div. B, title IV, Nov. 12, 2025, 139 Stat. 534.)
## Notes
Editorial Notes
Amendments2025—Subsec. (d). Pub. L. 119–37 substituted “2010 through 2027” for “2010 through 2025”. 2024—Subsec. (d). Pub. L. 118–42 substituted “2010 through 2025” for “2010 through 2024”. 2022—Subsec. (d). Pub. L. 117–328 substituted “2010 through 2024” for “2010 through 2023”. Pub. L. 117–103 substituted “2010 through 2023” for “2010 through 2022”. 2020—Subsec. (d). Pub. L. 116–260 substituted “2010 through 2022” for “2010 through 2021”. 2019—Subsec. (d). Pub. L. 116–94 substituted “2010 through 2021” for “2010 through 2019”. Pub. L. 116–6 substituted “2010 through 2019” for “2010 through 2018”. 2018—Subsec. (d). Pub. L. 115–141 substituted “2010 through 2018” for “2010 through 2017”. 2017—Subsec. (d). Pub. L. 115–31, which directed substitution of “2010 through 2017” for “2010 through 2016” in first sentence, could not be executed because of the prior identical amendment by Pub. L. 114–223, § 148. See 2016 Amendment note below. 2016—Subsec. (d). Pub. L. 114–223, § 148, as added by Pub. L. 114–254, § 101(3), substituted “2010 through 2017” for “2010 through 2016” in first sentence. 2015—Subsec. (d). Pub. L. 114–113 substituted “2010 through 2016” for “2010 through 2015” in first sentence. 2010—Subsec. (d). Pub. L. 111–296 substituted “2010 through 2015” for “2005 through 2010” in first sentence. 2009—Subsec. (d). Pub. L. 111–80 substituted “2010” for “2009”. 2004—Subsec. (d). Pub. L. 108–265, in first sentence, substituted “1998,” for “1998, and” and “through 2004, and $250,000 for each of fiscal years 2005 through 2009” for “through 2003”. 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.
Effective Date of 1998 AmendmentAmendment 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 DateSection 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.
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# 42 U.S.C. § 1769h - Repealed. Pub. L. 111–296, title IV, § 441(a)(14), Dec. 13, 2010, 124 Stat. 3264
## Notes
Section, act June 4, 1946, ch. 281, § 27, as added Pub. L. 103–448, title I, § 124, Nov. 2, 1994, 108 Stat. 4732; amended Pub. L. 105–220, title IV, § 414(d), Aug. 7, 1998, 112 Stat. 1242; Pub. L. 105–336, title I, § 113, Oct. 31, 1998, 112 Stat. 3157, related to accommodation of the special dietary needs of individuals with disabilities.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title.
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# 42 U.S.C. § 1769i - Program evaluation
## Text
(a) Performance assessments (1) In general Subject to the availability of funds made available under paragraph (3), the Secretary, acting through the Administrator of the Food and Nutrition Service, may conduct annual national performance assessments of the meal programs under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(2) Components In conducting an assessment, the Secretary may assess—
(A) the cost of producing meals and meal supplements under the programs described in paragraph (1); and
(B) the nutrient profile of meals, and status of menu planning practices, under the programs.
(3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for fiscal year 2004 and each subsequent fiscal year.
(b) Certification improvements (1) In general Subject to the availability of funds made available under paragraph (5), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall conduct a study of the feasibility of improving the certification process used for the school lunch program established under this chapter.
(2) Pilot projects In carrying out this subsection, the Secretary may conduct pilot projects to improve the certification process used for the school lunch program.
(3) Components In carrying out this subsection, the Secretary shall examine the use of—
(A) other income reporting systems;
(B) an integrated benefit eligibility determination process managed by a single agency;
(C) income or program participation data gathered by State or local agencies; and
(D) other options determined by the Secretary.
(4) Waivers (A) In general Subject to subparagraph (B), the Secretary may waive such provisions of this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) as are necessary to carry out this subsection.
(B) Provisions The protections of section 1758(b)(6) of this title shall apply to any study or pilot project carried out under this subsection.
(5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection such sums as are necessary.
(c) Cooperation with program research and evaluation States, State educational agencies, local educational agencies, schools, institutions, facilities, and contractors participating in programs authorized under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall cooperate with officials and contractors acting on behalf of the Secretary, in the conduct of evaluations and studies under those Acts.
(June 4, 1946, ch. 281, § 28, as added Pub. L. 108–265, title I, § 129, June 30, 2004, 118 Stat. 767; amended Pub. L. 111–296, title III, § 305, Dec. 13, 2010, 124 Stat. 3243.)
## Notes
Editorial Notes
References in TextThe Child Nutrition Act of 1966, referred to in subsecs. (a)(1), (b)(4)(A), and (c), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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. Those Acts, referred to in subsec. (c), mean the Richard B. Russell National School Lunch Act, which was in the original “this Act” and was translated to read “this chapter”, and the Child Nutrition Act of 1966. See above.
Amendments2010—Subsec. (c). Pub. L. 111–296 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.
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---
type: "LegalText"
title: "42 U.S.C. § 1769j"
description: "Ensuring safety of school meals"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "13"
chapter_name: "SCHOOL LUNCH PROGRAMS"
section: "1769j"
citation: "42 U.S.C. § 1769j"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
source_identifier: "/us/usc/t42/s1769j"
source_file: "data/legal/raw/us/code/title-42/usc42.xml"
source_hash: "8ccfaf3a7dbe38363bbd676d8b2602fcdc29728c1c86bdb5c3cd76ffc99592b1"
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text_hash: "ab77cdceedff97555803b9553ef80538347960982ef4786c42d8142737624d7a"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 42 U.S.C. § 1769j - Ensuring safety of school meals
## Text
(a) Food and Nutrition Service Not later than 1 year after December 13, 2010, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall—
(1) in consultation with the Administrator of the Agricultural Marketing Service and the Administrator of the Farm Service Agency, develop guidelines to determine the circumstances under which it is appropriate for the Secretary to institute an administrative hold on suspect foods purchased by the Secretary that are being used in school meal programs under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(2) work with States to explore ways for the States to increase the timeliness of notification of food recalls to schools and school food authorities;
(3) improve the timeliness and completeness of direct communication between the Food and Nutrition Service and States about holds and recalls, such as through the commodity alert system of the Food and Nutrition Service; and
(4) establish a timeframe to improve the commodity hold and recall procedures of the Department of Agriculture to address the role of processors and determine the involvement of distributors with processed products that may contain recalled ingredients, to facilitate the provision of more timely and complete information to schools.
(b) Food Safety and Inspection Service Not later than 1 year after December 13, 2010, the Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall revise the procedures of the Food Safety and Inspection Service to ensure that schools are included in effectiveness checks.
(June 4, 1946, ch. 281, § 29, as added Pub. L. 111–296, title III, § 308, Dec. 13, 2010, 124 Stat. 3246.)
## Notes
Editorial Notes
References in TextThe Child Nutrition Act of 1966, referred to in subsec. (a)(1), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title.