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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 1765 Election to receive cash payments us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 13 SCHOOL LUNCH PROGRAMS 1765 42 U.S.C. § 1765 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s1765 data/legal/raw/us/code/title-42/usc42.xml 97cf782b9c38d98d387bb69454ec0763b3e51568e4148524864d9510e7953d1e 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 56f6add2a12797f33866b1ff6829d6fc9e14db035ce9b51da8026f02fb4fa882 2026-07-04 official
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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. 94105, § 12, Oct. 7, 1975, 89 Stat. 515; amended Pub. L. 101147, title III, § 309, Nov. 10, 1989, 103 Stat. 915; Pub. L. 105336, 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. 89642, 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. 105336 substituted “1755(c)” for “1755(e)”. 1989—Pub. L. 101147 inserted “Election to receive cash payments” as section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 AmendmentAmendment by Pub. L. 105336 effective Oct. 1, 1998, see section 401 of Pub. L. 105336, set out as a note under section 1755 of this title.