
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-224 Section 242(a)]
[Document affected by Public Law 106-224 Section 242(c)]
[CITE: 42USC1758]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1758. Program requirements


(a) Nutritional standards; medical and special dietary needs of 
        individual students; compliance assistance; fluid milk; 
        acceptance of offered foods

    (1)(A) Lunches served by schools participating in the school lunch 
program under this chapter shall meet minimum nutritional requirements 
prescribed by the Secretary on the basis of tested nutritional research, 
except that the minimum nutritional requirements--
        (i) shall not be construed to prohibit the substitution of foods 
    to accommodate the medical or other special dietary needs of 
    individual students; and
        (ii) shall, at a minimum, be based on the weekly average of the 
    nutrient content of school lunches.

    (B) The Secretary shall provide technical assistance and training, 
including technical assistance and training in the preparation of lower-
fat versions of foods commonly used in the school lunch program under 
this chapter, to schools participating in the school lunch program to 
assist the schools in complying with the nutritional requirements 
prescribed by the Secretary pursuant to subparagraph (A) and in 
providing appropriate meals to children with medically certified special 
dietary needs. The Secretary shall provide additional technical 
assistance to schools that are having difficulty maintaining compliance 
with the requirements.
    (2) Lunches served by schools participating in the school lunch 
program under this chapter--
        (A) shall offer students fluid milk; and
        (B) shall offer students a variety of fluid milk consistent with 
    prior year preferences unless the prior year preference for any such 
    variety of fluid milk is less than 1 percent of the total milk 
    consumed at the school.

    (3) Students in senior high schools that participate in the school 
lunch program under this chapter (and, when approved by the local school 
district or nonprofit private schools, students in any other grade 
level) shall not be required to accept offered foods they do not intend 
to consume, and any such failure to accept offered foods shall not 
affect the full charge to the student for a lunch meeting the 
requirements of this subsection or the amount of payments made under 
this chapter to any such school for such lunch.

(b) Income eligibility guidelines for free and reduced price school 
        lunches; duty of Secretary; time to prescribe; relationship to 
        other poverty guidelines; revision; publication; application, 
        verification and approval; use or disclosure of eligibility 
        information; maximum reduced price; nondiscrimination or 
        identification of recipients

    (1)(A) Not later than June 1 of each fiscal year, the Secretary 
shall prescribe income guidelines for determining eligibility for free 
and reduced price lunches during the 12-month period beginning July 1 of 
such fiscal year and ending June 30 of the following fiscal year. The 
income guidelines for determining eligibility for free lunches shall be 
130 percent of the applicable family size income levels contained in the 
nonfarm income poverty guidelines prescribed by the Office of Management 
and Budget, as adjusted annually in accordance with subparagraph (B). 
The income guidelines for determining eligibility for reduced price 
lunches for any school year shall be 185 percent of the applicable 
family size income levels contained in the nonfarm income poverty 
guidelines prescribed by the Office of Management and Budget, as 
adjusted annually in accordance with subparagraph (B). The Office of 
Management and Budget guidelines shall be revised at annual intervals, 
or at any shorter interval deemed feasible and desirable.
    (B) The revision required by subparagraph (A) of this paragraph 
shall be made by multiplying--
        (i) the official poverty line (as defined by the Office of 
    Management and Budget); by
        (ii) the percentage change in the Consumer Price Index during 
    the annual or other interval immediately preceding the time at which 
    the adjustment is made.

Revisions under this subparagraph shall be made not more than 30 days 
after the date on which the consumer price index data required to 
compute the adjustment becomes available.
    (2)(A) Following the determination by the Secretary under paragraph 
(1) of this subsection of the income eligibility guidelines for each 
school year, each State educational agency shall announce the income 
eligibility guidelines, by family size, to be used by schools in the 
State in making determinations of eligibility for free and reduced price 
lunches. Local school authorities shall, each year, publicly announce 
the income eligibility guidelines for free and reduced price lunches on 
or before the opening of school.
    (B) Applications for free and reduced price lunches, in such form as 
the Secretary may prescribe or approve, and any descriptive material, 
shall be distributed to the parents or guardians of children in 
attendance at the school, and shall contain only the family size income 
levels for reduced price meal eligibility with the explanation that 
households with incomes less than or equal to these values would be 
eligible for free or reduced price lunches. Such forms and descriptive 
material may not contain the income eligibility guidelines for free 
lunches.
    (C)(i) Except as provided in clause (ii), each eligibility 
determination shall be made on the basis of a complete application 
executed by an adult member of the household. The Secretary, State, or 
local food authority may verify any data contained in such application. 
A local school food authority shall undertake such verification of 
information contained in any such application as the Secretary may by 
regulation prescribe and, in accordance with such regulations, shall 
make appropriate changes in the eligibility determination with respect 
to such application on the basis of such verification.
    (ii) Subject to clause (iii), any school food authority may certify 
any child as eligible for free or reduced price lunches or breakfasts, 
without further application, by directly communicating with the 
appropriate State or local agency to obtain documentation of such 
child's status as a member of--
        (I) a household that is receiving food stamps under the Food 
    Stamp Act of 1977 [7 U.S.C. 2011 et seq.]; or
        (II) a family that is receiving assistance under the State 
    program funded under part A of title IV of the Social Security Act 
    [42 U.S.C. 601 et seq.] that the Secretary determines complies with 
    standards established by the Secretary that ensure that the 
    standards under the State program are comparable to or more 
    restrictive than those in effect on June 1, 1995.

    (iii) The use or disclosure of any information obtained from an 
application for free or reduced price meals, or from a State or local 
agency referred to in clause (ii), shall be limited to--
        (I) a person directly connected with the administration or 
    enforcement of this chapter or the Child Nutrition Act of 1966 (42 
    U.S.C. 1771 et seq.), or a regulation issued pursuant to either this 
    chapter or such Act;
        (II) a person directly connected with the administration or 
    enforcement of--
            (aa) a Federal education program;
            (bb) a State health or education program administered by the 
        State or local educational agency (other than a program carried 
        out under title XIX of the Social Security Act (42 U.S.C. 1396 
        et seq.)); or
            (cc) a Federal, State, or local means-tested nutrition 
        program with eligibility standards comparable to the program 
        under this section; and

        (III)(aa) the Comptroller General of the United States for audit 
    and examination authorized by any other provision of law; and
        (bb) notwithstanding any other provision of law, a Federal, 
    State, or local law enforcement official for the purpose of 
    investigating an alleged violation of any program covered by 
    paragraph (1) or this paragraph.

    (iv) Information provided under clause (iii)(II) shall be limited to 
the income eligibility status of the child for whom application for free 
or reduced price meal benefits was made or for whom eligibility 
information was provided under clause (ii), unless the consent of the 
parent or guardian of the child for whom application for benefits was 
made is obtained.
    (v) A person described in clause (iii) who publishes, divulges, 
discloses, or makes known in any manner, or to any extent not authorized 
by Federal law (including a regulation), any information obtained under 
this subsection shall be fined not more than $1,000 or imprisoned not 
more than 1 year, or both.
    (D) Free and reduced price policy statement.--After the initial 
submission, a school food authority shall not be required to submit a 
free and reduced price policy statement to a State educational agency 
under this chapter unless there is a substantive change in the free and 
reduced price policy of the school food authority. A routine change in 
the policy of a school food authority, such as an annual adjustment of 
the income eligibility guidelines for free and reduced price meals, 
shall not be sufficient cause for requiring the school food authority to 
submit a policy statement.
    (3) Any child who is a member of a household whose income, at the 
time the application is submitted, is at an annual rate which does not 
exceed the applicable family size income level of the income eligibility 
guidelines for free lunches, as determined under paragraph (1), shall be 
served a free lunch. Any child who is a member of a household whose 
income, at the time the application is submitted, is at an annual rate 
greater than the applicable family size income level of the income 
eligibility guidelines for free lunches, as determined under paragraph 
(1), but less than or equal to the applicable family size income level 
of the income eligibility guidelines for reduced price lunches, as 
determined under paragraph (1), shall be served a reduced price lunch. 
The price charged for a reduced price lunch shall not exceed 40 cents.
    (4) No physical segregation of or other discrimination against any 
child eligible for a free lunch or a reduced price lunch under this 
subsection shall be made by the school nor shall there by \1\ any overt 
identification of any child by special tokens or tickets, announced or 
published lists of names, or by other means.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``be''.
---------------------------------------------------------------------------
    (5) Any child who has a parent or guardian who (A) is responsible 
for the principal support of such child and (B) is unemployed shall be 
served a free or reduced price lunch, respectively, during any period 
(i) in which such child's parent or guardian continues to be unemployed 
and (ii) the income of the child's parents or guardians during such 
period of unemployment falls within the income eligibility criteria for 
free lunches or reduced price lunches, respectively, based on the 
current rate of income of such parents or guardians. Local school 
authorities shall publicly announce that such children are eligible for 
a free or reduced price lunch, and shall make determinations with 
respect to the status of any parent or guardian of any child under 
clauses (A) and (B) of the preceding sentence on the basis of a 
statement executed in such form as the Secretary may prescribe by such 
parent or guardian. No physical segregation of, or other discrimination 
against, any child eligible for a free or reduced price lunch under this 
paragraph shall be made by the school nor shall there be any overt 
identification of any such child by special tokens or tickets, announced 
or published lists of names, or by any other means.
    (6)(A) A child shall be considered automatically eligible for a free 
lunch and breakfast under this chapter and the Child Nutrition Act of 
1966 (42 U.S.C. 1771 et seq.), respectively, without further application 
or eligibility determination, if the child is--
        (i) a member of a household receiving assistance under the food 
    stamp program authorized under the Food Stamp Act of 1977 (7 U.S.C. 
    2011 et seq.);
        (ii) a member of a family (under the State program funded under 
    part A of title IV of the Social Security Act (42 U.S.C. 601 et 
    seq.))that the Secretary determines complies with standards 
    established by the Secretary that ensure that the standards under 
    the State program are comparable to or more restrictive than those 
    in effect on June 1, 1995; or
        (iii) enrolled as a participant in a Head Start program 
    authorized under the Head Start Act (42 U.S.C. 9831 et seq.), on the 
    basis of a determination that the child is a member of a family that 
    meets the low-income criteria prescribed under section 645(a)(1)(A) 
    of the Head Start Act (42 U.S.C. 9840(a)(1)(A)).

    (B) Proof of receipt of food stamps or assistance under the State 
program funded under part A of title IV of the Social Security Act (42 
U.S.C. 601 et seq.) that the Secretary determines complies with 
standards established by the Secretary that ensure that the standards 
under the State program are comparable to or more restrictive than those 
in effect on June 1, 1995, or of enrollment or participation in a Head 
Start program on the basis described in subparagraph (A)(iii), shall be 
sufficient to satisfy any verification requirement imposed under 
paragraph (2)(C).

(c) Operation on nonprofit basis; donation of agricultural commodities

    School lunch programs under this chapter shall be operated on a 
nonprofit basis. Commodities purchased under the authority of section 
612c of title 7, may be donated by the Secretary to schools, in 
accordance with the needs as determined by local school authorities, for 
utilization in the school lunch program under this chapter as well as to 
other schools carrying out nonprofit school lunch programs and 
institutions authorized to receive such commodities. The requirements of 
this section relating to the service of meals without cost or at a 
reduced cost shall apply to the lunch program of any school utilizing 
commodities donated under any provision of law.

(d) Social Security numbers and other documentation required as 
        condition of eligibility

    (1) The Secretary shall require as a condition of eligibility for 
receipt of free or reduced price lunches that the member of the 
household who executes the application furnish the social security 
account number of the parent or guardian who is the primary wage earner 
responsible for the care of the child for whom the application is made, 
or that of another appropriate adult member of the child's household, as 
determined by the Secretary. The Secretary shall require that social 
security account numbers of all adult members of the household be 
provided if verification of the data contained in the application is 
sought under subsection (b)(2)(C) of this section.
    (2) No member of a household may be provided a free or reduced price 
lunch under this chapter unless--
        (A) appropriate documentation relating to the income of such 
    household (as prescribed by the Secretary) has been provided to the 
    appropriate local school food authority so that such authority may 
    calculate the total income of such household;
        (B) documentation showing that the household is participating in 
    the food stamp program under the Food Stamp Act of 1977 [7 U.S.C. 
    2011 et seq.] has been provided to the appropriate local school food 
    authority; or
        (C) documentation has been provided to the appropriate local 
    school food authority showing that the family is receiving 
    assistance under the State program funded under part A of title IV 
    of the Social Security Act [42 U.S.C. 601 et seq.] that the 
    Secretary determines complies with standards established by the 
    Secretary that ensure that the standards under the State program are 
    comparable to or more restrictive than those in effect on June 1, 
    1995.

(e) Limitation on meal contracting

    A school or school food authority participating in a program under 
this chapter may not contract with a food service company to provide a 
la carte food service unless the company agrees to offer free, reduced 
price, and full-price reimbursable meals to all eligible children.

(f) Nutritional requirements

    (1) Nutritional requirements.--Except as provided in paragraph (2), 
not later than the first day of the 1996-1997 school year, schools that 
are participating in the school lunch or school breakfast program shall 
serve lunches and breakfasts under the program that--
        (A) are consistent with the goals of the most recent Dietary 
    Guidelines for Americans published under section 5341 of title 7; 
    and
        (B) provide, on the average over each week, at least--
            (i) with respect to school lunches, \1/3\ of the daily 
        recommended dietary allowance established by the Food and 
        Nutrition Board of the National Research Council of the National 
        Academy of Sciences; and
            (ii) with respect to school breakfasts, \1/4\ of the daily 
        recommended dietary allowance established by the Food and 
        Nutrition Board of the National Research Council of the National 
        Academy of Sciences.

    (2) State educational agencies may grant waivers from the 
requirements of paragraph (1) subject to criteria established by the 
appropriate State educational agency. The waivers shall not permit 
schools to implement the requirements later than July 1, 1998, or a 
later date determined by the Secretary.
    (3) To assist schools in meeting the requirements of this 
subsection, the Secretary--
        (A) shall--
            (i) develop, and provide to schools, standardized recipes, 
        menu cycles, and food product specification and preparation 
        techniques; and
            (ii) provide to schools information regarding nutrient 
        standard menu planning, assisted nutrient standard menu 
        planning, and food-based menu systems; and

        (B) may provide to schools information regarding other 
    approaches, as determined by the Secretary.

    (4) Use of any reasonable approach.--
        (A) In general.--A school food service authority may use any 
    reasonable approach, within guidelines established by the Secretary 
    in a timely manner, to meet the requirements of this subsection, 
    including--
            (i) using the school nutrition meal pattern in effect for 
        the 1994-1995 school year; and
            (ii) using any of the approaches described in paragraph (3).

        (B) Nutrient analysis.--The Secretary may not require a school 
    to conduct or use a nutrient analysis to meet the requirements of 
    this subsection.

    (5) Waiver of requirement for weighted averages for nutrient 
analysis.--During the period ending on September 30, 2003, the Secretary 
shall not require the use of weighted averages for nutrient analysis of 
menu items and foods offered or served as part of a meal offered or 
served under the school lunch program under this chapter or the school 
breakfast program under section 4 of the Child Nutrition Act of 1966 (42 
U.S.C. 1773).

(g) Justification of production records; paperwork reduction

    Not later than 1 year after November 2, 1994, the Secretary shall 
provide a notification to Congress that justifies the need for 
production records required under section 210.10(b) of title 7, Code of 
Federal Regulations, and describes how the Secretary has reduced 
paperwork relating to the school lunch and school breakfast programs.

(h) Food safety inspections

                           (1) In general

        Except as provided in paragraph (2), a school participating in 
    the school lunch program under this chapter or the school breakfast 
    program under section 4 of the Child Nutrition Act of 1966 (42 
    U.S.C. 1773) shall, at least once during each school year, obtain a 
    food safety inspection conducted by a State or local governmental 
    agency responsible for food safety inspections.

                            (2) Exception

        Paragraph (1) shall not apply to a school if a food safety 
    inspection of the school is required by a State or local 
    governmental agency responsible for food safety inspections.

(i) Single permanent areement between State agency and school food 
        authority; common claims form

                           (1) In general

        If a single State agency administers any combination of the 
    school lunch program under this chapter, the school breakfast 
    program under section 4 of the Child Nutrition Act of 1966 (42 
    U.S.C. 1773), the summer food service program for children under 
    section 1761 of this title, or the child and adult care food program 
    under section 1766 of this title, the agency shall--
            (A) require each school food authority to submit to the 
        State agency a single agreement with respect to the operation by 
        the authority of the programs administered by the State agency; 
        and
            (B) use a common claims form with respect to meals and 
        supplements served under the programs administered by the State 
        agency.

                     (2) Additional requirement

        The agreement described in paragraph (1)(A) shall be a permanent 
    agreement that may be amended as necessary.

(June 4, 1946, ch. 281, Sec. 9, 60 Stat. 233; Pub. L. 90-302, Sec. 2(b), 
May 8, 1968, 82 Stat. 117; Pub. L. 91-248, Sec. 6(a), (b), (d), (e), May 
14, 1970, 84 Stat. 210; Pub. L. 92-153, Sec. 5, Nov. 5, 1971, 85 Stat. 
420; Pub. L. 92-433, Sec. 5, Sept. 26, 1972, 86 Stat. 726; Pub. L. 93-
150, Sec. 9, Nov. 7, 1973, 87 Stat. 564; Pub. L. 93-326, Sec. 4, June 
30, 1974, 88 Stat. 286; Pub. L. 94-105, Sec. 6, Oct. 7, 1975, 89 Stat. 
512; Pub. L. 95-166, Sec. 8, Nov. 10, 1977, 91 Stat. 1335; Pub. L. 95-
627, Sec. 8, Nov. 10, 1978, 92 Stat. 3622; Pub. L. 97-35, title VIII, 
Secs. 803(a), (b), 811, Aug. 13, 1981, 95 Stat. 524, 525, 529; Pub. L. 
99-500, title III, Secs. 322-324, Oct. 18, 1986, 100 Stat. 1783-361, and 
Pub. L. 99-591, title III, Secs. 322-324, Oct. 30, 1986, 100 Stat. 3341-
364; Pub. L. 99-661, div. D, title II, Secs. 4202-4204, Nov. 14, 1986, 
100 Stat. 4072; Pub. L. 100-356, Sec. 1, June 28, 1988, 102 Stat. 669; 
Pub. L. 101-147, title I, Sec. 101, title II, Sec. 202(a)(1), (2)(A), 
(b), title III, Secs. 305, 312(1), (2), Nov. 10, 1989, 103 Stat. 878, 
908, 914, 916; Pub. L. 103-448, title I, Secs. 105(a), 106-109(a), 110, 
Nov. 2, 1994, 108 Stat. 4701-4705; Pub. L. 104-149, Sec. 2, May 29, 
1996, 110 Stat. 1379; Pub. L. 104-193, title I, Sec. 109(g), title VII, 
Secs. 702, 703, Aug. 22, 1996, 110 Stat. 2170, 2288, 2289; Pub. L. 105-
336, title I, Sec. 102, Oct. 31, 1998, 112 Stat. 3144.)

                       References in Text

    The Food Stamp Act of 1977, referred to in subsecs. 
(b)(2)(C)(ii)(I), (6)(A)(i) and (d)(2)(B), is Pub. L. 88-525, Aug. 31, 
1964, 78 Stat. 703, as amended, which is classified generally to chapter 
51 (Sec. 2011 et seq.) of Title 7, Agriculture. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 2011 of Title 7 and Tables.
    The Social Security Act, referred to in subsecs. (b)(2)(C)(ii)(II), 
(iii)(II)(bb), (6)(A)(ii), (B) and (d)(2)(C), is act Aug. 14, 1935, ch. 
531, 49 Stat. 620, as amended. Part A of title IV and title XIX of the 
Act are classified generally to part A (Sec. 601 et seq.) of subchapter 
IV and subchapter XIX (Sec. 1396 et seq.), respectively, of chapter 7 of 
this title. For complete classification of this Act to the Code, see 
section 1305 of this title and Tables.
    The Child Nutrition Act of 1966, referred to in subsec. 
(b)(2)(C)(iii)(I), (6)(A), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 
885, as amended, which is classified generally to chapter 13A (Sec. 1771 
et seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 1771 of this title and 
Tables.
    The Head Start Act, referred to in subsec. (b)(6)(A)(iii), is 
subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI of 
Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is 
classified generally to subchapter II (Sec. 9831 et seq.) of chapter 105 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 9801 of this title and Tables.

                          Codification

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


                               Amendments

    1998--Subsec. (f)(2). Pub. L. 105-336, Sec. 102(a)(1), substituted 
``paragraph (1)'' for ``subparagraph (A)''.
    Subsec. (f)(3), (4). Pub. L. 105-336, Sec. 102(a)(2), substituted 
``this subsection'' for ``this paragraph'' wherever appearing.
    Subsec. (f)(5). Pub. L. 105-336, Sec. 102(b), added par. (5).
    Subsec. (h). Pub. L. 105-336, Sec. 102(c), added subsec. (h).
    Subsec. (i). Pub. L. 105-336, Sec. 102(d), added subsec. (i).
    1996--Subsec. (a)(2). Pub. L. 104-193, Sec. 702(a)(1), redesignated 
par. (2)(A) as (2) and cls. (i) and (ii) of former subpar. (A) as 
subpars. (A) and (B), respectively, and struck out former subpar. (B) 
which read as follows:
    ``(B)(i) The Secretary shall purchase in each calendar year to carry 
out the school lunch program under this chapter, and the school 
breakfast program under section 4 of the Child Nutrition Act of 1966 (42 
U.S.C. 1773), lowfat cheese on a bid basis in a quantity that is the 
milkfat equivalent of the quantity of milkfat the Secretary estimates 
the Commodity Credit Corporation will purchase each calendar year as a 
result of the elimination of the requirement that schools offer students 
fluid whole milk and fluid unflavored lowfat milk, based on data 
provided by the Director of Office of Management and Budget.
    ``(ii) Not later than 30 days after the Secretary provides an 
estimate required under clause (i), the Director of the Congressional 
Budget Office shall provide to the appropriate committees of Congress a 
report on whether the Director concurs with the estimate of the 
Secretary.
    ``(iii) The quantity of lowfat cheese that is purchased under this 
subparagraph shall be in addition to the quantity of cheese that is 
historically purchased by the Secretary to carry out school feeding 
programs. The Secretary shall take such actions as are necessary to 
ensure that purchases under this subparagraph shall not displace 
commercial purchases of cheese by schools.''
    Subsec. (a)(3), (4). Pub. L. 104-193, Sec. 702(a)(2), (3), 
redesignated par. (4) as (3) and struck out former par. (3) which read 
as follows: ``The Secretary shall establish, in cooperation with State 
educational agencies, administrative procedures, which shall include 
local educational agency and student participation, designed to diminish 
waste of foods which are served by schools participating in the school 
lunch program under this chapter without endangering the nutritional 
integrity of the lunches served by such schools.''
    Subsec. (b)(2)(C)(ii)(II). Pub. L. 104-193, Sec. 109(g)(1)(A), 
substituted ``State program funded'' for ``program for aid to families 
with dependent children'' and inserted before period at end ``that the 
Secretary determines complies with standards established by the 
Secretary that ensure that the standards under the State program are 
comparable to or more restrictive than those in effect on June 1, 
1995''.
    Subsec. (b)(2)(D). Pub. L. 104-193, Sec. 703, added subpar. (D).
    Subsec. (b)(6)(A)(ii). Pub. L. 104-193, Sec. 109(g)(1)(B)(i), 
substituted ``a family (under the State program funded'' for ``an AFDC 
assistance unit (under the aid to families with dependent children 
program authorized'' and ``that the Secretary determines complies with 
standards established by the Secretary that ensure that the standards 
under the State program are comparable to or more restrictive than those 
in effect on June 1, 1995'' for ``, in a State where the standard of 
eligibility for the assistance does not exceed 130 percent of the 
poverty line (as defined in section 9902(2) of this title)''.
    Subsec. (b)(6)(B). Pub. L. 104-193, Sec. 109(g)(1)(B)(ii), 
substituted ``assistance under the State program funded under part A of 
title IV of the Social Security Act (42 U.S.C. 601 et seq.) that the 
Secretary determines complies with standards established by the 
Secretary that ensure that the standards under the State program are 
comparable to or more restrictive than those in effect on June 1, 1995'' 
for ``aid to families with dependent children''.
    Subsec. (c). Pub. L. 104-193, Sec. 702(b)(2), struck out ``Each 
school shall, insofar as practicable, utilize in its lunch program 
commodities designated from time to time by the Secretary as being in 
abundance, either nationally or in the school area or commodities 
donated by the Secretary.'' after ``operated on a nonprofit basis.'', 
``The Secretary is authorized to prescribe terms and conditions 
respecting the use of commodities donated under such section 612c of 
title 7, under section 1431 of title 7 and under section 1446a-1 of 
title 7, as will maximize the nutritional and financial contributions of 
such donated commodities in such schools and institutions.'' after 
``authorized to receive such commodities.'', and ``None of the 
requirements of this section in respect to the amount for `reduced cost' 
meals and to eligibility for meals without cost shall apply to schools 
(as defined in section 1760(d)(6) of this title which are private and 
nonprofit as defined in the last sentence of section 1760(d)(6) of this 
title) which participate in the school lunch program under this chapter 
until such time as the State educational agency, or in the case of such 
schools which participate under the provisions of section 1759 of this 
title the Secretary certifies that sufficient funds from sources other 
than children's payments are available to enable such schools to meet 
these requirements.'' at end.
    Pub. L. 104-193, Sec. 702(b)(1), substituted ``provision of law'' 
for ``of the provisions of law referred to in the preceding sentence'' 
in fifth sentence.
    Subsec. (d)(2)(C). Pub. L. 104-193, Sec. 109(g)(2), substituted 
``State program funded'' for ``program for aid to families with 
dependent children'' and inserted before period at end ``that the 
Secretary determines complies with standards established by the 
Secretary that ensure that the standards under the State program are 
comparable to or more restrictive than those in effect on June 1, 
1995''.
    Subsec. (f). Pub. L. 104-193, Sec. 702(c)(1)-(3), struck out ``(2)'' 
designation before ``(A) Except as provided'', redesignated subpars. (A) 
to (D) as pars. (1) to (4), respectively, and struck out former par. (1) 
which read as follows: ``Not later than the first day of the 1996-97 
school year, the Secretary, State educational agencies, schools, and 
school food service authorities shall, to the maximum extent 
practicable, inform students who participate in the school lunch and 
school breakfast programs, and parents and guardians of the students, 
of--
        ``(A) the nutritional content of the lunches and breakfasts that 
    are served under the programs; and
        ``(B) the consistency of the lunches and breakfasts with the 
    guidelines contained in the most recent `Dietary Guidelines for 
    Americans' that is published under section 5341 of title 7 (referred 
    to in this subsection as the `Guidelines'), including the 
    consistency of the lunches and breakfasts with the guideline for fat 
    content.''
    Subsec. (f)(1). Pub. L. 104-193, Sec. 702(c)(4), added par. (1) and 
struck out former par. (1), as redesignated by Pub. L. 104-193, 
Sec. 702(c)(3), which read as follows: ``Except as provided in 
subparagraph (B), not later than the first day of the 1996-97 school 
year, schools that are participating in the school lunch or school 
breakfast program shall serve lunches and breakfasts under the programs 
that are consistent with the Guidelines (as measured in accordance with 
subsection (a)(1)(A)(ii) of this section and section 4(e)(1)).''
    Subsec. (f)(2)(D). Pub. L. 104-149 added subpar. (D) and struck out 
former subpar. (D) which read as follows: ``Schools may use any of the 
approaches described in subparagraph (C) to meet the requirements of 
this paragraph. In the case of schools that elect to use food-based menu 
systems to meet the requirements of this paragraph, the Secretary may 
not require the schools to conduct or use nutrient analysis.''
    Subsec. (f)(3). Pub. L. 104-193, Sec. 702(c)(5), redesignated cls. 
(i) and (ii) as subpars. (A) and (B), respectively, and subcls. (I) and 
(II) of subpar. (A) as cls. (i) and (ii), respectively.
    Subsec. (f)(4). Pub. L. 104-193, Sec. 702(c)(6), redesignated cls. 
(i) and (ii) as subpars. (A) and (B), respectively, in subpar. (A), 
redesignated subcls. (I) and (II) as cls. (i) and (ii), respectively, 
and in subpar. (A)(ii), substituted ``paragraph (3)'' for ``subparagraph 
(C)''.
    Subsec. (h). Pub. L. 104-193, Sec. 702(d), struck out subsec. (h) 
which read as follows: ``In carrying out this chapter and the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), a State educational 
agency may use resources provided through the nutrition education and 
training program authorized under section 19 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1788) for training aimed at improving the quality and 
acceptance of school meals.''
    1994--Subsec. (a)(1). Pub. L. 103-448, Secs. 105(a), 106(a), 
designated existing provisions as subpar. (A) and cl. (i) of subpar. (A) 
and added cl. (ii) of subpar. (A) and subpar. (B).
    Subsec. (a)(2). Pub. L. 103-448, Sec. 107, amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``Lunches 
served by schools participating in the school lunch program under this 
chapter shall offer students fluid whole milk and fluid unflavored 
lowfat milk.''
    Subsec. (b)(2)(C)(iii) to (v). Pub. L. 103-448, Sec. 108, added cls. 
(iii) to (v) and struck out former cl. (iii), which read as follows: 
``School food service authorities shall only use information obtained 
under clause (ii) for the purpose of determining eligibility for 
participation in programs under this chapter and the Child Nutrition Act 
of 1966.''
    Subsec. (b)(6)(A). Pub. L. 103-448, Sec. 109(a)(1), struck out ``a 
member of'' after ``if the child is'' in introductory provisions, 
inserted ``a member of'' after ``(i)'' and ``(ii)'', and added cl. 
(iii).
    Subsec. (b)(6)(B). Pub. L. 103-448, Sec. 109(a)(2), inserted ``, or 
of enrollment or participation in a Head Start program on the basis 
described in subparagraph (A)(iii),'' after ``aid to families with 
dependent children''.
    Subsecs. (f) to (h). Pub. L. 103-448, Secs. 106(b), (c), 110, added 
subsecs. (f) to (h).
    1989--Subsec. (a). Pub. L. 101-147, Sec. 101(a), amended subsec. 
(a), as amended identically by Pub. L. 99-500 and 99-591, Sec. 322, and 
Pub. L. 99-661, Sec. 4202, to read as if only the amendment by Pub. L. 
99-661 was enacted, resulting in no change in text, see 1986 Amendment 
note below.
    Subsec. (a)(1). Pub. L. 101-147, Sec. 312(1), substituted ``school 
lunch'' for ``school-lunch''.
    Subsec. (a)(2). Pub. L. 101-147, Sec. 101(b), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``In addition 
to such other forms of milk as the Secretary may determine, the lunches 
shall offer whole milk as a beverage.''
    Subsec. (b). Pub. L. 101-147, Secs. 305(b)(1), 312(2), substituted 
``reduced price'' for ``reduced-price'' and ``family size'' for 
``family-size'' wherever appearing.
    Pub. L. 101-147, Sec. 202(a)(1), (2)(A), amended subsec. (b), as 
amended identically by Pub. L. 99-500 and Pub. L. 99-591, Sec. 323, and 
Pub. L. 99-661, Sec. 4203, and as amended by Pub. L. 100-356, Sec. 1, to 
read as if only the amendment by Pub. L. 99-661 was enacted, and further 
amended subsec. (b) identically to the amendments that were made by Pub. 
L. 100-356, Sec. 1, resulting in no change in text, see 1986 and 1988 
Amendment notes below.
    Subsec. (b)(2)(C). Pub. L. 101-147, Sec. 202(b)(1), amended subpar. 
(C) generally. Prior to amendment, subpar. (C) read as follows: 
``Eligibility determinations shall be made on the basis of a complete 
application executed by an adult member of the household. The Secretary, 
States, and local school food authorities may seek verification of the 
data contained in the application. Local school food authorities shall 
undertake such verification of the information contained in these 
applications as the Secretary may by regulation prescribe and, in 
accordance with such regulations, make appropriate changes in the 
eligibility determinations on the basis of such verification.''
    Subsec. (c). Pub. L. 101-147, Secs. 305(b)(2), 312(1), substituted 
``School lunch'' for ``School-lunch'', substituted ``school lunch'' for 
``school-lunch'' wherever appearing, and made technical amendments to 
the references to sections 612c, 1431, and 1446a-1 of title 7 involving 
underlying provisions of original act and requiring no change in text.
    Subsec. (d)(1). Pub. L. 101-147, Secs. 202(b)(2)(A), 312(2), 
substituted ``reduced price'' for ``reduced-price'' and ``number of the 
parent or guardian who is the primary wage earner responsible for the 
care of the child for whom the application is made, or that of another 
appropriate adult member of the child's household, as determined by the 
Secretary. The Secretary shall require that social security account 
numbers of all adult members of the household be provided if 
verification of the data contained in the application is sought under 
subsection (b)(2)(C) of this section.'' for ``numbers of all adult 
members of the household of which such person is a member.''
    Subsec. (d)(2). Pub. L. 101-147, Sec. 312(2), substituted ``reduced 
price'' for ``reduced-price''.
    Subsec. (d)(2)(A). Pub. L. 101-147, Sec. 202(b)(2)(B)(i), amended 
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 
``appropriate documentation, as prescribed by the Secretary, of the 
income of such household has been provided to the appropriate local 
school food authority; or''.
    Subsec. (d)(2)(C). Pub. L. 101-147, Sec. 202(b)(2)(B)(ii), (iii), 
added subpar. (C).
    Subsec. (e). Pub. L. 101-147, Sec. 312(2), substituted ``reduced 
price'' for ``reduced-price''.
    Pub. L. 101-147, Sec. 305(a), amended subsec. (e), as amended 
identically by Pub. L. 99-500 and Pub. L. 99-591, Sec. 324, and Pub. L. 
99-661, Sec. 4204, to read as if only the amendment by Pub. L. 99-661 
was enacted, resulting in no change in text, see 1986 Amendment note 
below.
    1988--Subsec. (b)(1)(A). Pub. L. 100-356 substituted ``The'' for 
``For the school years ending June 30, 1982, and June 30, 1983, the'' in 
second sentence and struck out provisions which equated income 
guidelines for determining eligibility for free lunches with gross 
income eligibility standards for participation in food stamp program.
    1986--Subsec. (a). Pub. L. 99-500 and Pub. L. 99-591, Sec. 322, and 
Pub. L. 99-661, Sec. 4202, amended subsec. (a) identically, designating 
existing provisions as pars. (1), (3), and (4) and adding par. (2).
    Subsec. (b)(6). Pub. L. 99-500 and Pub. L. 99-591, Sec. 323, and 
Pub. L. 99-661, Sec. 4203, amended subsec. (b) identically, adding par. 
(6).
    Subsec. (e). Pub. L. 99-500 and Pub. L. 99-591, Sec. 324, and Pub. 
L. 99-661, Sec. 4204, amended section identically, adding subsec. (e).
    1981--Subsec. (a). Pub. L. 97-35, Sec. 811, struck out ``in any 
junior high school or middle school'' after ``grade level''.
    Subsec. (b). Pub. L. 97-35, Sec. 803(a), in par. (1) substituted 
provisions relating to income eligibility guidelines, for provisions 
relating to income poverty guidelines, redesignated former par. (2) as 
(5) and, as so redesignated, struck out ``solely'' after ``sentence'', 
and added pars. (2) to (4).
    Subsec. (d). Pub. L. 97-35, Sec. 803(b), added subsec. (d).
    1978--Subsec. (b)(1). Pub. L. 95-627 substituted guidelines 
prescribed by the Office of Management and Budget for the Consumer Price 
Index for purposes of determining the income poverty guidelines.
    1977--Subsec. (a). Pub. L. 95-166 inserted parenthetical text 
authorizing students in any grade level in any junior high school or 
middle school, when approved by local school district or nonprofit 
private school, to refuse to accept offered foods they do not intend to 
consume.
    1975--Subsec. (a). Pub. L. 94-105, Sec. 6(a), directed Secretary to 
establish administrative procedures designed to diminish food waste in 
school lunch programs and made provision for senior high school students 
to refuse food which they do not intend to consume without affecting 
lunch charges or payments to schools for lunches served.
    Subsec. (b)(1). Pub. L. 94-105, Sec. 6(b), designated existing 
provisions as subsec. (b)(1), struck out ``if a school elects to serve 
reduced-price lunches'' after ``reduced price not to exceed 20 cents'', 
inserted provision for a reduced price lunch for any child eligible 
under reduced price lunch income guidelines, established income 
guidelines for reduced price lunches, beginning with fiscal year ending 
June 30, 1976, at 95 per centum above applicable family size income 
levels in income poverty guidelines, and provided for a reduced price 
lunch not to exceed 20 cents to any child belonging to a household whose 
income falls between guidelines for a free lunch and 95 per centum above 
income levels in the income poverty guidelines.
    Pub. L. 94-105, Sec. 6(c), substituted provision adjusting income 
poverty guidelines that take effect July 1 of each year according to 
percentage change in Consumer Price Index for 12-month period ending in 
April of that year, except that the first adjustment, effective July 1, 
1976, shall be made according to percentage change between average 
Consumer Price Index for 1974, on which the 1975-1976 guidelines are 
based, and Consumer Price Index for April 1976 for provision basing the 
guidelines on average Consumer Price Index for previous calendar year.
    Subsec. (b)(2). Pub. L. 94-105, Sec. 6(d), added par. (2).
    Subsec. (c). Pub. L. 94-105, Sec. 6(e), substituted ``schools (as 
defined in section 1760(d)(6) of this title which are private and 
nonprofit as defined in the last sentence of section 1760(d)(6) of this 
title)'' for ``nonprofit private schools''.
    1974--Subsec. (b). Pub. L. 93-326 substituted ``beginning with the 
fiscal year ending June 30, 1974'' for ``for the fiscal year ending June 
30, 1974'' in provision authorizing State educational agencies to 
establish income guidelines for reduced price lunches at not more than 
75 per centum above applicable family size income levels in income 
poverty guidelines as prescribed by Secretary.
    1973--Subsec. (b). Pub. L. 93-150 inserted proviso relating to 
income guidelines for reduced price lunches.
    1972--Subsec. (a). Pub. L. 92-433, Sec. 5(a), designated first 
sentence as subsec. (a).
    Subsec. (b). Pub. L. 92-433, Sec. 5(b), designated second through 
seventh sentences of existing provisions as subsec. (b), separated 
provisions relating to free and reduced price lunches, substituted May 
15 of each year for July 1 of each year as the date by which the 
Secretary is required to prescribe an income poverty guideline, 
prescribed free lunch for children of households below the guideline 
instead of prior provision requiring free lunch or lunch at reduced 
price, authorized State educational agencies to set up family-size 
income levels for free and reduced price lunches to be within certain 
percentage limitations of the guideline prescribed by the Secretary, and 
provided for continuation until July 1, 1973 of higher guidelines 
established prior to July 1, 1972.
    Subsec. (c). Pub. L. 92-433, Sec. 5(c), designated eighth through 
thirteenth sentences as subsec. (c) and in last sentence inserted 
provision that requirements of this section are not applicable to 
nonprofit private schools which participate in the school lunch program 
under this chapter until the State educational agency certifies about 
the funds.
    1971--Pub. L. 92-153 inserted provisions for consideration of income 
poverty guidelines during fiscal year 1972 as a national minimum 
standard of eligibility and for reimbursement of State agencies during 
such fiscal year pursuant to eligibility standards established by State 
agencies prior to Oct. 1, 1971.
    1970--Pub. L. 91-248 placed a ceiling of 20 cents on any reduced 
price meal offered under the school lunch program, provided for 
determination of ability to pay the full cost of lunch based on a 
publicly announced policy the minimum criteria of which includes family 
income and the number of school children in the family unit as well as 
the size of the family unit in general, but, under which, by Jan. 1, 
1971, such determination shall be based on the income poverty guidelines 
with first priority given to providing free meals to the neediest 
children, provided that there be no overt identification of those 
children who receive free and reduced price meals, authorized the 
Secretary to prescribe such terms and conditions for food service in the 
non-national School Lunch Act schools as well as schools under this Act 
which are receiving Federal assistance in the form of commodities, and 
excepted from requirements of this section with respect to amount for 
reduced cost meals and eligibility for meals without cost nonprofit 
private schools which participate in the school lunch program under the 
provisions of section 1759 of this title until the Secretary certifies 
that sufficient funds are available to enable such schools to meet the 
requirements of this section.
    1968--Pub. L. 90-302 provided that minimum nutritional requirements 
prescribed by the Secretary on basis of tested nutritional research 
which lunches served by participating schools must meet could not be 
construed to prohibit substitution of foods to accommodate medical or 
other special dietary needs of individual students.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-336 effective Oct. 1, 1998, see section 401 
of Pub. L. 105-336, set out as a note under section 1755 of this title.


                    Effective Date of 1996 Amendment

    Amendment by section 109(g) of Pub. L. 104-193 effective July 1, 
1997, with transition rules relating to State options to accelerate such 
date, rules relating to claims, actions, and proceedings commenced 
before such date, rules relating to closing out of accounts for 
terminated or substantially modified programs and continuance in office 
of Assistant Secretary for Family Support, and provisions relating to 
termination of entitlement under AFDC program, see section 116 of Pub. 
L. 104-193, as amended, set out as an Effective Date note under section 
601 of this title.


                    Effective Date of 1994 Amendment

    Amendment by sections 105(a) and 106 to 108 of Pub. L. 103-448 
effective Oct. 1, 1994, see section 401 of Pub. L. 103-448, set out as a 
note under section 1755 of this title.
    Section 109(c) of Pub. L. 103-448 provided that: ``The amendments 
made by this section [amending this section and section 1766 of this 
title] shall become effective on September 25, 1995.''


                    Effective Date of 1989 Amendment

    Section 202(a)(2)(B) of Pub. L. 101-147 provided that: ``The 
amendments made by subparagraph (A) [amending this section] shall take 
effect as if such amendments had been effective on June 28, 1988.''


                    Effective Date of 1986 Amendment

    Sections 322 to 324 of Pub. L. 99-500 and Pub. L. 99-591 and 
sections 4202 to 4204 of Pub. L. 99-661 provided that the amendments 
made by those sections are effective July 1, 1986.


                    Effective Date of 1981 Amendment

    Amendment by sections 803(a), (b) and 811 of Pub. L. 97-35 effective 
Aug. 13, 1981, and Sept. 1, 1981, respectively, see section 
820(a)(1)(E), (7)(A) of Pub. L. 97-35, set out as a note under section 
1753 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-627 effective July 1, 1979, except as 
specifically provided, see section 14 of Pub. L. 95-627, set out as a 
note under section 1755 of this title.


                    Effective Date of 1975 Amendment

    Section 6(c) of Pub. L. 94-105 provided that the amendment made by 
that section is effective Jan. 1, 1976.


                       Promulgation of Regulations

    Section 202(c) of Pub. L. 101-147 provided that: ``Not later than 
July 1, 1990, the Secretary of Agriculture shall issue final regulations 
to implement the amendments made by subsection (b) [amending this 
section].''


                      Income Eligibility Guidelines

    Pub. L. 96-499, title II, Sec. 203(a)-(c), Dec. 5, 1980, 94 Stat. 
2600, as amended by Pub. L. 97-35, title VIII, Sec. 820(b)(3), Aug. 13, 
1981, 95 Stat. 535, provided that:
    ``(a), (b) [Repealed].
    ``(c) For the school year ending June 30, 1981, the Secretary may 
prescribe procedures for implementing the revisions in the income 
poverty guidelines for free and reduced price lunches contained in this 
section that may allow school food authorities to (1) use applications 
distributed at the beginning of the school year when making eligibility 
determinations based on the revised income poverty guidelines or (2) 
distribute new applications containing the revised income poverty 
guidelines and make eligibility determinations using the new 
applications.''


 Verification of Eligibility Data Submitted on a Sample of Applications 
                    for Free and Reduced-Price Meals

    Section 803(c) of Pub. L. 97-35 provided that: ``Notwithstanding any 
other provision of law, the Secretary of Agriculture shall conduct a 
pilot study to verify the data submitted on a sample of applications for 
free and reduced-price meals. In conducting the pilot study, the 
Secretary may require households included in the study to furnish social 
security numbers of all household members and such other information as 
the Secretary may require, including, but not limited to, pay stubs, 
documentation of the current status of household members who are 
recipients of public assistance, unemployment insurance documents, and 
written statements from employers, as a condition for receipt of free or 
reduced-price meals.''


 Procedures for Implementing New Income Eligibility Guidelines for Free 
                        and Reduced-Price Lunches

    Section 803(d) of Pub. L. 97-35 provided that for school year ending 
June 30, 1982, Secretary could prescribe procedures for implementing the 
revisions made by section 803 of Pub. L. 97-35, amending this section, 
to the income eligibility guidelines for free and reduced-price lunches 
under this section, and that such procedures could allow school food 
authorities to use applications distributed at beginning of school year 
when making eligibility determinations or to distribute new 
applications.


  Lowering Minimum Standard of Eligibility and Reduction in Number of 
                    Children Served, Fiscal Year 1972

    Section 6 of Pub. L. 92-153 provided that: ``The Secretary shall not 
lower minimum standards of eligibility for free and reduced price meals 
nor require a reduction in the number of children served in any school 
district during a fiscal year to be effective for that fiscal year. This 
section shall apply to fiscal year 1972.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1753, 1759a, 1762a, 1766, 
1773, 1786 of this title.
