
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1751]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1751. Congressional declaration of policy

    It is declared to be the policy of Congress, as a measure of 
national security, to safeguard the health and well-being of the 
Nation's children and to encourage the domestic consumption of 
nutritious agricultural commodities and other food, by assisting the 
States, through grants-in-aid and other means, in providing an adequate 
supply of foods and other facilities for the establishment, maintenance, 
operation, and expansion of nonprofit school lunch programs.

(June 4, 1946, ch. 281, Sec. 2, 60 Stat. 230; Pub. L. 101-147, title 
III, Sec. 312(1), Nov. 10, 1989, 103 Stat. 916.)


                               Amendments

    1989--Pub. L. 101-147 substituted ``school lunch'' for ``school-
lunch''.


                    Effective Date of 1989 Amendment

    Section 2 of Pub. L. 101-147 provided that: ``Except as otherwise 
provided in this Act, the amendments made by this Act [see Short Title 
of 1989 Amendment note below] shall take effect on the date of the 
enactment of this Act [Nov. 10, 1989].''


                      Short Title of 1998 Amendment

    Pub. L. 105-336, Sec. 1(a), Oct. 31, 1998, 112 Stat. 3143, provided 
that: ``This Act [amending sections 1755, 1758, 1759a to 1761, 1762a, 
1765 to 1766a, 1769, 1769b-1, 1769c, 1769f to 1769h, 1773, 1776, 1784, 
1786, and 1788 of this title, repealing section 1766b of this title, 
enacting provisions set out as notes under sections 1755, 1761, and 1786 
of this title, and amending provisions set out as notes under section 
1769 of this title and section 612c of Title 7, Agriculture] may be 
cited as the `William F. Goodling Child Nutrition Reauthorization Act of 
1998'.''


                      Short Title of 1996 Amendment

    Pub. L. 104-149, Sec. 1, May 29, 1996, 110 Stat. 1379, provided 
that: ``This Act [amending section 1758 of this title] may be cited as 
the `Healthy Meals for Children Act'.''


                      Short Title of 1994 Amendment

    Pub. L. 103-448, Sec. 1(a), Nov. 2, 1994, 108 Stat. 4699, provided 
that: ``This Act [enacting sections 1766b and 1769f to 1769h of this 
title, amending sections 280c-6, 1396a, 1755, 1756, 1758, 1759a, 1760, 
1761, 1762a, 1766, 1769, 1769a, 1769b-1, 1769c, 1773, 1776, 1779, 1786, 
and 1788 of this title, section 2018 of Title 7, Agriculture, section 
1484a of Title 20, Education, and section 3803 of Title 31, Money and 
Finance, enacting provisions set out as notes under this section and 
sections 1755, 1758, 1760, 1761, 1762a, 1769f, and 1786 of this title, 
amending provisions set out as notes under section 1786 of this title 
and section 612c of Title 7, and repealing provisions set out as a note 
under section 1786 of this title] may be cited as the `Healthy Meals for 
Healthy Americans Act of 1994'.''


                      Short Title of 1992 Amendment

    Pub. L. 102-342, Sec. 1, Aug. 14, 1992, 106 Stat. 911, provided 
that: ``This Act [enacting section 1790 of this title, amending sections 
1766, 1769, and 1786 of this title, enacting provisions set out as a 
note under section 1769 of this title, and amending provisions set out 
as a note under section 612c of Title 7, Agriculture] may be cited as 
the `Child Nutrition Amendments of 1992'.''


                      Short Title of 1989 Amendment

    Section 1(a) of Pub. L. 101-147 provided that: ``This Act [enacting 
sections 1766a, 1769b-1, 1769c, 1769d, and 1769e of this title, amending 
this section and sections 1753, 1755-1758, 1759a, 1760, 1761, 1762a, 
1765, 1766, 1769-1769b, 1772, 1773, 1776, 1779, 1783, 1784, 1786, and 
1788 of this title, repealing sections 1762 and 1763 of this title, 
enacting provisions set out as notes under this section and sections 
1755, 1758, 1761, 1762a, 1766, 1766a, 1769, 1769c, 1773, 1776, and 1786 
of this title, and amending provisions set out as a note under section 
1766 of this title] may be cited as the `Child Nutrition and WIC 
Reauthorization Act of 1989'.''


                     Short Title of 1986 Amendments

    Pub. L. 99-661, Sec. 4001(a), Nov. 14, 1986, 100 Stat. 4070, 
provided that: ``This division [div. D (Secs. 4001-4503) of Pub. L. 99-
661, amending sections 1752, 1755, 1758, 1760, 1761, 1762a, 1766, 1769 
to 1769b, 1772, 1773, 1776, 1784, 1786, 1788, and 1789 of this title, 
repealing sections 1767, 1768, and 1769c of this title, and enacting 
provisions set out as notes under sections 1758, 1760, 1766, 1772, 1773, 
and 1786 of this title and section 1431e of Title 7, Agriculture] may be 
cited as the `Child Nutrition Amendments of 1986'.''
    Pub. L. 99-500, title III, Sec. 301(a), Oct. 18, 1986, 100 Stat. 
1783-359, and Pub. L. 99-591, title III, Sec. 301(a), Oct. 30, 1986, 100 
Stat. 3341-362, provided that: ``This title [amending sections 1752, 
1755, 1758, 1760, 1761, 1762a, 1766, 1769 to 1769b, 1772, 1773, 1776, 
1784, 1786, 1788, and 1789 of this title and section 1929a of Title 7, 
Agriculture, repealing sections 1767, 1768, and 1769c of this title, and 
enacting provisions set out as notes under sections 1758, 1760, 1766, 
1772, 1773, and 1786 of this title and sections 1431e and 1929a of Title 
7] may be cited as the `School Lunch and Child Nutrition Amendments of 
1986'.''


                      Short Title of 1978 Amendment

    Pub. L. 95-627, Sec. 1, Nov. 10, 1978, 92 Stat. 3603, provided: 
``That this Act [enacting section 1769c of this title, amending sections 
1755, 1757, 1758, 1759a to 1761, 1762a, 1766, 1769, 1772 to 1774, 1776, 
1784, and 1786 of this title, and enacting provisions set out as notes 
under sections 1755, 1773 and 1786 of this title] may be cited as the 
`Child Nutrition Amendments of 1978'.''


                      Short Title of 1977 Amendment

    Pub. L. 95-166, Sec. 1, Nov. 10, 1977, 91 Stat. 1325, provided: 
``That this Act [enacting sections 1769, 1769a, and 1788 of this title, 
amending sections 1754 to 1758, 1759a, 1760, 1761, 1762a, 1763, 1766, 
1772 to 1774, 1776, 1779, 1784, and 1786 of this title, and enacting 
provisions set out as notes under sections 1755 and 1772 of this title] 
may be cited as the `National School Lunch Act and Child Nutrition 
Amendments of 1977'.''


                      Short Title of 1975 Amendment

    Pub. L. 94-105, Sec. 1, Oct. 7, 1975, 89 Stat. 511, provided: ``That 
this Act [enacting sections 1765, 1766, 1767, 1768, and 1787 of this 
title, amending sections 1752, 1755, 1756, 1758, 1759, 1759a, 1760, 
1761, 1762a, 1772, 1773, 1774, 1784, and 1786 of this title, repealing 
section 1764 of this title, and enacting provisions set out as notes 
under sections 1758, 1760, 1761, and 1786 of this title] may be cited as 
the `National School Lunch Act and Child Nutrition Act of 1966 
Amendments of 1975'.''


                      Short Title of 1974 Amendment

    Pub. L. 93-326, Sec. 1, June 30, 1974, 88 Stat. 286, provided: 
``That this Act [enacting section 1762a of this title and amending 
sections 1752, 1755, 1758, 1763, 1774, and 1786 of this title] may be 
cited as the `National School Lunch and Child Nutrition Act Amendments 
of 1974'.''


                      Short Title of 1973 Amendment

    Pub. L. 93-150, Sec. 1, Nov. 7, 1973, 87 Stat. 560, provided: ``That 
this Act [amending sections 1753, 1755, 1757, 1758, 1759, 1759a, 1763, 
1772, 1773, and 1786 of this title, and enacting provisions set out as 
notes under this section and section 240 of Title 20, Education] may be 
cited as the `National School Lunch and Child Nutrition Act Amendments 
of 1973'.''


                               Short Title

    Section 1 of act June 4, 1946, as amended by Pub. L. 106-78, title 
VII, Sec. 752(a), Oct. 22, 1999, 113 Stat. 1169, provided: ``That this 
Act [enacting this chapter] may be cited as the `Richard B. Russell 
National School Lunch Act'.''


Coordination of School Lunch, School Breakfast, and Summer Food Service 
                                Programs

    Pub. L. 104-193, title VII, Sec. 741, Aug. 22, 1996, 110 Stat. 2307, 
as amended by Pub. L. 106-78, title VII, Sec. 752(b)(6), Oct. 22, 1999, 
113 Stat. 1169, provided that:
    ``(a) Coordination.--
        ``(1) In general.--The Secretary of Agriculture shall develop 
    proposed changes to the regulations under the school lunch program 
    under the Richard B. Russell National School Lunch Act (42 U.S.C. 
    1751 et seq.), the summer food service program under section 13 of 
    that Act (42 U.S.C. 1761), and the school breakfast program under 
    section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), for 
    the purpose of simplifying and coordinating those programs into a 
    comprehensive meal program.
        ``(2) Consultation.--In developing proposed changes to the 
    regulations under paragraph (1), the Secretary of Agriculture shall 
    consult with local, State, and regional administrators of the 
    programs described in such paragraph.
    ``(b) Report.--Not later than November 1, 1997, the Secretary of 
Agriculture shall submit to the Committee on Agriculture, Nutrition, and 
Forestry of the Senate and the Committee on Economic and Educational 
Opportunities of the House of Representatives a report containing the 
proposed changes developed under subsection (a).''


  Supplemental Nutrition Programs; Congressional Statement of Findings

    Pub. L. 103-448, Sec. 2, Nov. 2, 1994, 108 Stat. 4700, as amended by 
Pub. L. 106-78, title VII, Sec. 752(b)(15), Oct. 22, 1999, 113 Stat. 
1170, provided that: ``Congress finds that--
        ``(1) undernutrition can permanently retard physical growth, 
    brain development, and cognitive functioning of children;
        ``(2) the longer a child's nutritional, emotional, and 
    educational needs go unmet, the greater the likelihood of cognitive 
    impairment;
        ``(3) low-income children who attend school hungry score 
    significantly lower on standardized tests than non-hungry low-income 
    children; and
        ``(4) supplemental nutrition programs under the Richard B. 
    Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the 
    Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) can help to 
    offset threats posed to a child's capacity to learn and perform in 
    school that result from inadequate nutrient intake.''


  Study of Adulteration of Juice Products Sold to School Meal Programs

    Pub. L. 103-448, title I, Sec. 125, Nov. 2, 1994, 108 Stat. 4734, 
directed Comptroller General of the United States, not later than 1 year 
after Nov. 2, 1994, to conduct study and to submit a report to Congress 
on costs and problems associated with sale of adulterated fruit juice 
and juice products to the school lunch program under this chapter and 
school breakfast program under section 1773 of this title.


Consolidation of School Lunch Program and School Breakfast Program Into 
                       Comprehensive Meal Program

    Pub. L. 103-448, title III, Sec. 301, Nov. 2, 1994, 108 Stat. 4749, 
as amended by Pub. L. 106-78, title VII, Sec. 752(b)(15), Oct. 22, 1999, 
113 Stat. 1170, provided that:
    ``(a) In General.--Notwithstanding any provision of [the] Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except as otherwise 
provided in this section, the Secretary of Agriculture shall, not later 
than 18 months after the date of enactment of this Act [Nov. 2, 1994], 
develop and implement regulations to consolidate the school lunch 
program under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) and the school breakfast program under section 4 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1773) into a comprehensive 
meal program.
    ``(b) Requirements.--In establishing the comprehensive meal program 
under subsection (a), the Secretary shall meet the following 
requirements:
        ``(1) The Secretary shall ensure that the program continues to 
    serve children who are eligible for free and reduced price meals. 
    The meals shall meet the nutritional requirements of section 9(a)(1) 
    of the Richard B. Russell National School Lunch Act (42 U.S.C. 
    1758(a)(1)) and section 4(e)(1) of the Child Nutrition Act of 1966 
    (42 U.S.C. 1773(e)(1)).
        ``(2) The Secretary shall continue to make breakfast assistance 
    payments in accordance with section 4 of the Child Nutrition Act of 
    1966 (42 U.S.C. 1773) and food assistance payments in accordance 
    with the Richard B. Russell National School Lunch Act (42 U.S.C. 
    1751 et seq.).
        ``(3) The Secretary may not consolidate any aspect of the school 
    lunch program or the school breakfast program with respect to any 
    matter described in any of subparagraphs (A) through (N) of section 
    12(l)(4) of the Richard B. Russell National School Lunch Act (42 
    U.S.C. 1760(l)(4)).
    ``(c) Plan and Recommendations.--
        ``(1) Plan for consolidation and simplification.--Not later than 
    180 days prior to implementing the regulations described in 
    subsection (a), the Secretary shall prepare and submit to the 
    Committee on Education and Labor [now Committee on Education and the 
    Workforce] of the House of Representatives and the Committee on 
    Agriculture, Nutrition, and Forestry of the Senate a plan for the 
    consolidation and simplification of the school lunch program and the 
    school breakfast program.
        ``(2) Recommendations with respect to change in payment 
    amounts.--If the Secretary proposes to change the amount of the 
    breakfast assistance payment or the food assistance payment under 
    the comprehensive meal program, the Secretary shall not include the 
    change in the consolidation and shall prepare and submit to the 
    Committee on Education and Labor [now Committee on Education and the 
    Workforce], and the Committee on Agriculture, of the House of 
    Representatives and the Committee on Agriculture, Nutrition, and 
    Forestry of the Senate recommendations for legislation to effect the 
    change.''


  Study and Report Relating to Use of Private Food Establishments and 
    Caterers Under School Lunch Program and School Breakfast Program

    Pub. L. 103-448, title III, Sec. 302, Nov. 2, 1994, 108 Stat. 4750, 
directed Comptroller General of the United States, in conjunction with 
the Director of the Office of Technology Assessment, to conduct a study 
and submit a report to Congress, not later than Sept. 1, 1996, on the 
use of private food establishments and caterers by schools that 
participate in the school lunch program under this chapter or the school 
breakfast program under section 1773 of this title.


                          School Lunch Studies

    Pub. L. 101-624, title XVII, Sec. 1779, Nov. 28, 1990, 104 Stat. 
3816, directed Secretary of Agriculture to determine the quantity of 
bonus commodities lost, by State, since the 1987-88 school year, the 
amount that school food service authorities charged students for non-
free or reduced price meals, and the trends in school participation and 
student participation, by State and for the United States, and directed 
Secretary also to determine the cost to produce school lunches and 
breakfasts, including indirect and local administrative costs, the 
reasons why schools choose not to participate in the National school 
lunch program, the State costs incurred to administer the school 
programs, and the reasons why children eligible for free or reduced 
price meals do not apply for benefits or participate, with Secretary to 
submit to Congress a final report on results of the studies not later 
than Oct. 1, 1993.


     Comprehensive Study of Benefits of Programs; Report to Congress

    Pub. L. 93-150, Sec. 10, Nov. 7, 1973, 87 Stat. 564, directed 
Secretary of Agriculture to carry out a comprehensive study to determine 
if the benefits of the National School Lunch Act and the Child Nutrition 
Act are accruing to the maximum extent possible to all of the nation's 
school children, and to determine if regional cost differentials exist 
in Alaska and other States so as to require additional reimbursement, 
such report with recommendations to be submitted to Congress no later 
than June 30, 1974.

                  Section Referred to in Other Sections

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