
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-224 Section 242(b)(3)]
[CITE: 42USC1760]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1760. Miscellaneous provisions


(a) Accounts and records

    States, State educational agencies, and schools participating in the 
school lunch program under this chapter shall keep such accounts and 
records as may be necessary to enable the Secretary to determine whether 
the provisions of this chapter are being complied with. Such accounts 
and records shall be available at any reasonable time for inspection and 
audit by representatives of the Secretary and shall be preserved for 
such period of time, not in excess of five years, as the Secretary 
determines is necessary.

(b) Agreements with State educational agencies

    The Secretary shall incorporate, in the Secretary's agreements with 
the State educational agencies, the express requirements under this 
chapter with respect to the operation of the school lunch program under 
this chapter insofar as they may be applicable and such other provisions 
as in the Secretary's opinion are reasonably necessary or appropriate to 
effectuate the purposes of this chapter.

(c) Requirements with respect to teaching personnel, curriculum, 
        instruction, etc.

    In carrying out the provisions of this chapter, the Secretary shall 
not impose any requirement with respect to teaching personnel, 
curriculum, instruction, methods of instruction, and materials of 
instruction in any school.

(d) Definitions

    For the purposes of this chapter--
        (1) Child.--
            (A) In general.--The term ``child'' includes an individual, 
        regardless of age, who--
                (i) is determined by a State educational agency, in 
            accordance with regulations prescribed by the Secretary, to 
            have one or more disabilities; and
                (ii) is attending any institution, as defined in section 
            1766(a) of this title, or any nonresidential public or 
            nonprofit private school of high school grade or under, for 
            the purpose of participating in a school program established 
            for individuals with disabilities.

            (B) Relationship to child and adult care food program.--No 
        institution that is not otherwise eligible to participate in the 
        program under section 1766 of this title shall be considered 
        eligible because of this paragraph.

        (2) ``Commodity only schools'' means schools that do not 
    participate in the school lunch program under this chapter, but 
    which receive commodities made available by the Secretary for use by 
    such schools in nonprofit lunch programs.
        (3) ``School'' means (A) any public or nonprofit private school 
    of high school grade or under, and (B) any public or licensed 
    nonprofit private residential child care institution (including, but 
    not limited to, orphanages and homes for the mentally retarded, but 
    excluding Job Corps Centers funded by the Department of Labor). For 
    purposes of this paragraph, the term ``nonprofit'', when applied to 
    any such private school or institution, means any such school or 
    institution which is exempt from tax under section 501(c)(3) of 
    title 26.
        (4) ``School year'' means the annual period from July 1 through 
    June 30.
        (5) ``Secretary'' means the Secretary of Agriculture.
        (6) ``State'' means any of the fifty States, the District of 
    Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
    American Samoa, or the Commonwealth of the Northern Mariana Islands.
        (7) ``State educational agency'' means, as the State legislature 
    may determine, (A) the chief State school officer (such as the State 
    superintendent of public instruction, commissioner of education, or 
    similar officer), or (B) a board of education controlling the State 
    department of education.
        (8) Disability.--The term ``disability'' has the meaning given 
    the term in the Rehabilitation Act of 1973 for purposes of title II 
    of that Act (29 U.S.C 760 et seq.).

(e) Value of assistance as income or resources under Federal or State 
        laws

    The value of assistance to children under this chapter shall not be 
considered to be income or resources for any purposes under any Federal 
or State laws, including laws relating to taxation and welfare and 
public assistance programs.

(f) Adjustment of national average payment rate for Alaska, Hawaii, 
        territories and possessions, etc.

    In providing assistance for breakfasts, lunches, suppers, and 
supplements served in Alaska, Hawaii, Guam, American Samoa, Puerto Rico, 
the Virgin Islands of the United States, and the Commonwealth of the 
Northern Mariana Islands, the Secretary may establish appropriate 
adjustments for each such State to the national average payment rates 
prescribed under sections 1753, 1759a, 1761, and 1766 of this title and 
section 4 of the Child Nutrition Act of 1966 [42 U.S.C. 1773], to 
reflect the differences between the costs of providing meals and 
supplements in those States and the costs of providing meals and 
supplements in all other States.

(g) Criminal penalties

    Whoever embezzles, willfully misapplies, steals, or obtains by fraud 
any funds, assets, or property that are the subject of a grant or other 
form of assistance under this chapter or the Child Nutrition Act of 1966 
[42 U.S.C. 1771 et seq.], whether received directly or indirectly from 
the United States Department of Agriculture, or whoever receives, 
conceals, or retains such funds, assets, or property to personal use or 
gain, knowing such funds, assets, or property have been embezzled, 
willfully misapplied, stolen, or obtained by fraud shall, if such funds, 
assets, or property are of the value of $100 or more, be fined not more 
than $25,000 or imprisoned not more than five years, or both, or, if 
such funds, assets, or property are of a value of less than $100, shall 
be fined not more than $1,000 or imprisoned for not more than one year, 
or both.

(h) Combined allocation for breakfast and lunch

    No provision of this chapter or of the Child Nutrition Act of 1966 
[42 U.S.C. 1771 et seq.] shall require any school receiving funds under 
this chapter and the Child Nutrition Act of 1966 to account separately 
for the cost incurred in the school lunch and school breakfast programs.

(i) Use of school lunch facilities for elderly programs

    Facilities, equipment, and personnel provided to a school food 
authority for a program authorized under this chapter or the Child 
Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] may be used, as 
determined by a local educational agency, to support a nonprofit 
nutrition program for the elderly, including a program funded under the 
Older Americans Act of 1965 [42 U.S.C. 3001 et seq.].

(j) Reimbursement for final claims

    (1) Except as provided in paragraph (2), the Secretary may provide 
reimbursements for final claims for service of meals, supplements, and 
milk submitted to State agencies by eligible schools, summer camps, 
family day care homes, institutions, and service institutions only if--
        (A) the claims have been submitted to the State agencies not 
    later than 60 days after the last day of the month for which the 
    reimbursement is claimed; and
        (B) the final program operations report for the month is 
    submitted to the Secretary not later than 90 days after the last day 
    of the month.

    (2) The Secretary may waive the requirements of paragraph (1) at the 
discretion of the Secretary.

(k) Expedited rulemaking

    (1) Not later than June 1, 1995, the Secretary shall issue final 
regulations to conform the nutritional requirements of the school lunch 
and breakfast programs with the guidelines contained in the most recent 
``Dietary Guidelines for Americans'' that is published under section 
5341 of title 7. The final regulations shall include--
        (A) rules permitting the use of food-based menu systems; and
        (B) adjustments to the rule on nutrition objectives for school 
    meals published in the Federal Register on June 10, 1994 (59 Fed. 
    Reg. 30218).

    (2) No school food service authority shall be required to implement 
final regulations issued pursuant to this subsection until the 
regulations have been final for at least 1 year.

(l) Waiver of statutory and regulatory requirements

    (1)(A) Except as provided in paragraph (4), the Secretary may waive 
any requirement under this chapter or the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.), or any regulation issued under either this 
chapter or such Act, for a State or eligible service provider that 
requests a waiver if--
        (i) the Secretary determines that the waiver of the requirement 
    would facilitate the ability of the State or eligible service 
    provider to carry out the purpose of the program;
        (ii) the State or eligible service provider has provided notice 
    and information to the public regarding the proposed waiver; and
        (iii) the State or eligible service provider demonstrates to the 
    satisfaction of the Secretary that the waiver will not increase the 
    overall cost of the program to the Federal Government, and, if the 
    waiver does increase the overall cost to the Federal Government, the 
    cost will be paid from non-Federal funds.

    (B) The notice and information referred to in subparagraph (A)(ii) 
shall be provided in the same manner in which the State or eligible 
service provider customarily provides similar notices and information to 
the public.
    (2)(A) To request a waiver under paragraph (1), a State or eligible 
service provider (through the appropriate administering State agency) 
shall submit an application to the Secretary that--
        (i) identifies the statutory or regulatory requirements that are 
    requested to be waived;
        (ii) in the case of a State requesting a waiver, describes 
    actions, if any, that the State has undertaken to remove State 
    statutory or regulatory barriers;
        (iii) describes the goal of the waiver to improve services under 
    the program and the expected outcomes if the waiver is granted; and
        (iv) includes a description of the impediments to the efficient 
    operation and administration of the program.

    (B) An application described in subparagraph (A) shall be developed 
by the State or eligible service provider and shall be submitted to the 
Secretary by the State.
    (3) The Secretary shall act promptly on a waiver request contained 
in an application submitted under paragraph (2) and shall either grant 
or deny the request. The Secretary shall state in writing the reasons 
for granting or denying the request.
    (4) The Secretary may not grant a waiver under this subsection that 
increases Federal costs or that relates to--
        (A) the nutritional content of meals served;
        (B) Federal reimbursement rates;
        (C) the provision of free and reduced price meals;
        (D) limits on the price charged for a reduced price meal;
        (E) maintenance of effort;
        (F) equitable participation of children in private schools;
        (G) distribution of funds to State and local school food service 
    authorities and service institutions participating in a program 
    under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 
    1771 et seq.);
        (H) the disclosure of information relating to students receiving 
    free or reduced price meals and other recipients of benefits;
        (I) prohibiting the operation of a profit producing program;
        (J) the sale of competitive foods;
        (K) the commodity distribution program under section 1762a of 
    this title;
        (L) the special supplemental nutrition program authorized under 
    section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); or
        (M) enforcement of any constitutional or statutory right of an 
    individual, including any right under--
            (i) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.);
            (ii) section 504 of the Rehabilitation Act of 1973 (29 
        U.S.C. 794);
            (iii) title IX of the Education Amendments of 1972 (20 
        U.S.C. 1681 et seq.);
            (iv) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
        seq.);
            (v) the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.); and
            (vi) the Individuals with Disabilities Education Act (20 
        U.S.C. 1400 et seq.).

    (5) The Secretary shall periodically review the performance of any 
State or eligible service provider for which the Secretary has granted a 
waiver under this subsection and shall terminate the waiver if the 
performance of the State or service provider has been inadequate to 
justify a continuation of the waiver. The Secretary shall terminate the 
waiver if, after periodic review, the Secretary determines that the 
waiver has resulted in an increase in the overall cost of the program to 
the Federal Government and the increase has not been paid for in 
accordance with paragraph (1)(A)(iii).
    (6) The Secretary shall annually submit to the Committee on 
Education and Labor of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate, a report--
        (A) summarizing the use of waivers by the State and eligible 
    service providers;
        (B) describing whether the waivers resulted in improved services 
    to children;
        (C) describing the impact of the waivers on providing 
    nutritional meals to participants; and
        (D) describing how the waivers reduced the quantity of paperwork 
    necessary to administer the program.

    (7) As used in this subsection, the term ``eligible service 
provider'' means--
        (A) a local school food service authority;
        (B) a service institution or private nonprofit organization 
    described in section 1761 of this title; or
        (C) a family or group day care home sponsoring organization 
    described in section 1766 of this title.

(m) Food and nutrition projects

    (1) The Secretary, acting through the Administrator of the Food and 
Nutrition Service or through the Extension Service, shall award on an 
annual basis grants to a private nonprofit organization or educational 
institution in each of 3 States to create, operate, and demonstrate food 
and nutrition projects that are fully integrated with elementary school 
curricula.
    (2) Each organization or institution referred to in paragraph (1) 
shall be selected by the Secretary and shall--
        (A) assist local schools and educators in offering food and 
    nutrition education that integrates math, science, and verbal skills 
    in the elementary grades;
        (B) assist local schools and educators in teaching agricultural 
    practices through practical applications, like gardening;
        (C) create community service learning opportunities or 
    educational programs;
        (D) be experienced in assisting in the creation of curriculum-
    based models in elementary schools;
        (E) be sponsored by an organization or institution, or be an 
    organization or institution, that provides information, or conducts 
    other educational efforts, concerning the success and productivity 
    of American agriculture and the importance of the free enterprise 
    system to the quality of life in the United States; and
        (F) be able to provide model curricula, examples, advice, and 
    guidance to schools, community groups, States, and local 
    organizations regarding means of carrying out similar projects.

    (3) Subject to the availability of appropriations to carry out this 
subsection, the Secretary shall make grants to each of the 3 private 
organizations or institutions selected under this subsection in amounts 
of not less than $100,000, nor more than $200,000, for each of fiscal 
years 1995 through 2003.
    (4) The Secretary shall establish fair and reasonable auditing 
procedures regarding the expenditure of funds under this subsection.
    (5) There are authorized to be appropriated to carry out this 
subsection such sums as are necessary for each of fiscal years 1995 
through 2003.

(n) Buy American

           (1) Definition of domestic commodity or product

        In this subsection, the term ``domestic commodity or product'' 
    means--
            (A) an agricultural commodity that is produced in the United 
        States; and
            (B) a food product that is processed in the United States 
        substantially using agricultural commodities that are produced 
        in the United States.

                           (2) Requirement

        (A) In general

            Subject to subparagraph (B), the Secretary shall require 
        that a school food authority purchase, to the maximum extent 
        practicable, domestic commodities or products.

        (B) Limitations

            Subparagraph (A) shall apply only to--
                (i) a school food authority located in the contiguous 
            United States; and
                (ii) a purchase of a domestic commodity or product for 
            the school lunch program under this chapter or the school 
            breakfast program under section 4 of the Child Nutrition Act 
            of 1966 (42 U.S.C. 1773).

                     (3) Applicability to Hawaii

        Paragraph (2)(A) shall apply to a school food authority in 
    Hawaii with respect to domestic commodities or products that are 
    produced in Hawaii in sufficient quantities to meet the needs of 
    meals provided under the school lunch program under this chapter or 
    the school breakfast program under section 4 of the Child Nutrition 
    Act of 1966 (42 U.S.C. 1773).

(o) Procurement contracts

    In acquiring a good or service for programs under this chapter or 
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than 
section 17 of that Act (42 U.S.C. 1786)), a State, State agency, school, 
or school food authority may enter into a contract with a person that 
has provided specification information to the State, State agency, 
school, or school food authority for use in developing contract 
specifications for acquiring such good or service.

(June 4, 1946, ch. 281, Sec. 12, formerly Sec. 11, 60 Stat. 233; July 
12, 1952, ch. 699, Sec. 1(c), 66 Stat. 591; Pub. L. 87-688, Sec. 3(a), 
Sept. 25, 1962, 76 Stat. 587; renumbered Sec. 12 and amended Pub. L. 87-
823, Sec. 5, Oct. 15, 1962, 76 Stat. 945; Pub. L. 91-248, Sec. 1(b), May 
14, 1970, 84 Stat. 208; Pub. L. 94-105, Sec. 9, Oct. 7, 1975, 89 Stat. 
514; Pub. L. 95-166, Secs. 3, 19(c), Nov. 10, 1977, 91 Stat. 1332, 1345; 
Pub. L. 95-627, Secs. 6(a), 10(a), (b), Nov. 10, 1978, 92 Stat. 3620, 
3623; Pub. L. 96-499, title II, Sec. 205, Dec. 5, 1980, 94 Stat. 2601; 
Pub. L. 97-35, title VIII, Secs. 808(a), 813(d), 819(c), Aug. 13, 1981, 
95 Stat. 527, 530, 533; Pub. L. 99-500, title III, Secs. 325(a), 326, 
373(a), Oct. 18, 1986, 100 Stat. 1783-361, 1783-369, and Pub. L. 99-591, 
title III, Secs. 325(a), 326, 373(a), Oct. 30, 1986, 100 Stat. 3341-364, 
3341-365, 3341-372; Pub. L. 99-661, div. D, title II, Secs. 4205(a), 
4206, title V, Sec. 4503(a), Nov. 14, 1986, 100 Stat. 4072, 4073, 4081; 
Pub. L. 100-71, title I, Sec. 101(a), July 11, 1987, 101 Stat. 429; Pub. 
L. 101-147, title III, Secs. 306, 312(1), Nov. 10, 1989, 103 Stat. 914, 
916; Pub. L. 103-448, title I, Secs. 112(a)(1), (b)-(d), 113, Nov. 2, 
1994, 108 Stat. 4708-4712; Pub. L. 104-193, title VII, Secs. 701(b), 
705, Aug. 22, 1996, 110 Stat. 2288, 2290; Pub. L. 105-336, title I, 
Secs. 104, 107(j)(3)(A), Oct. 31, 1998, 112 Stat. 3147, 3153.)

                       References in Text

    The Rehabilitation Act of 1973, referred to in subsec. (d)(8), is 
Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is 
classified generally to chapter 16 (Sec. 701 et seq.) of Title 29, 
Labor. Title II of the Act is classified generally to subchapter II 
(Sec. 760 et seq.) of chapter 16 of Title 29. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 701 of Title 29 and Tables.
    The Child Nutrition Act of 1966, referred to in subsecs. (g) to (i), 
(l)(1)(A), (4)(G), and (o), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 
885, as amended, which is classified generally to chapter 13A (Sec. 1771 
et seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 1771 of this title and 
Tables.
    The Older Americans Act of 1965, referred to in subsec. (i), is Pub. 
L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which is classified 
generally to chapter 35 (Sec. 3001 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 3001 of this title and Tables.
    The Civil Rights Act of 1964, referred to in subsec. (l)(4)(M)(i), 
is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of 
the Act is classified generally to subchapter V (Sec. 2000d et seq.) of 
chapter 21 of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 2000a of this title and 
Tables.
    The Education Amendments of 1972, referred to in subsec. 
(l)(4)(M)(iii), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as 
amended. Title IX of the Act is classified principally to chapter 38 
(Sec. 1681 et seq.) of Title 20, Education. For complete classification 
of this Act to the Code, see Short Title of 1972 Amendment note set out 
under section 1001 of Title 20 and Tables.
    The Age Discrimination Act of 1975, referred to in subsec. 
(l)(4)(M)(iv), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 
728, as amended, which is classified generally to chapter 76 (Sec. 6101 
et seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 6101 of this title and 
Tables.
    The Americans with Disabilities Act of 1990, referred to in subsec. 
(l)(4)(M)(v), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is 
classified principally to chapter 126 (Sec. 12101 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 12101 of this title and Tables.
    The Individuals with Disabilities Education Act, referred to in 
subsec. (l)(4)(M)(vi), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 
Stat. 175, as amended, which is classified generally to chapter 33 
(Sec. 1400 et seq.) of Title 20, Education. For complete classification 
of this Act to the Code, see section 1400 of Title 20 and Tables.

                          Codification

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


                               Amendments

    1998--Subsec. (d)(1)(A)(i), (ii). Pub. L. 105-336, 
Sec. 107(j)(3)(A)(i), struck out ``mental or physical'' before 
``disabilities''.
    Subsec. (d)(8). Pub. L. 105-336, Sec. 107(j)(3)(A)(ii), added par. 
(8).
    Subsec. (f). Pub. L. 105-336, Sec. 104(a), substituted ``breakfasts, 
lunches, suppers, and supplements'' for ``school breakfasts and 
lunches'', substituted ``sections 1753, 1759a, 1761, and 1766'' for 
``sections 1753 and 1759a'', and substituted ``meals and supplements'' 
for ``lunches and breakfasts'' in two places.
    Subsec. (g). Pub. L. 105-336, Sec. 104(b), substituted ``$25,000'' 
for ``$10,000''.
    Subsec. (m)(3), (5). Pub. L. 105-336, Sec. 104(c), substituted 
``2003'' for ``1998''.
    Subsec. (n). Pub. L. 105-336, Sec. 104(d), added subsec. (n).
    Subsec. (o). Pub. L. 105-336, Sec. 104(e), added subsec. (o).
    1996--Subsec. (a). Pub. L. 104-193, Sec. 705(a), substituted ``be 
available at any reasonable time'' for ``at all times be available''.
    Subsec. (c). Pub. L. 104-193, Sec. 705(b), substituted ``the 
Secretary shall not'' for ``neither the Secretary nor the State shall''.
    Subsec. (d)(1). Pub. L. 104-193, Sec. 705(c)(3), redesignated par. 
(9) as (1). Former par. (1) redesignated (6).
    Pub. L. 104-193, Sec. 705(c)(1), substituted ``the Commonwealth of 
the Northern Mariana Islands'' for ``the Trust Territory of the Pacific 
Islands''.
    Subsec. (d)(2). Pub. L. 104-193, Sec. 705(c)(3), redesignated par. 
(7) as (2). Former par. (2) redesignated (7).
    Subsec. (d)(3). Pub. L. 104-193, Sec. 705(c)(2), (3), redesignated 
par. (5) as (3) and struck out former par. (3) which read as follows: `` 
`Participation rate' for a State means a number equal to the number of 
lunches, consisting of a combination of foods and meeting the minimum 
requirements prescribed by the Secretary pursuant to section 1758 of 
this title, served in the fiscal year beginning two years immediately 
prior to the fiscal year for which the Federal funds are appropriated by 
schools participating in the program under this chapter in the State, as 
determined by the Secretary.''
    Subsec. (d)(4). Pub. L. 104-193, Sec. 705(c)(2), (3), redesignated 
par. (6) as (4) and struck out former par. (4) which read as follows: `` 
`Assistance need rate' (A) in the case of any State having an average 
annual per capita income equal to or greater than the average annual per 
capita income for all the States, shall be 5; and (B) in the case of any 
State having an average annual per capita income less than the average 
annual per capita income for all the States, shall be the product of 5 
and the quotient obtained by dividing the average annual per capita 
income for all the States by the average annual per capita income for 
such State, except that such product may not exceed 9 for any such 
State. For the purposes of this paragraph (i) the average annual per 
capita income for any State and for all the States shall be determined 
by the Secretary on the basis of the average annual per capita income 
for each State and for all the States for the three most recent years 
for which such data are available and certified to the Secretary by the 
Department of Commerce; and (ii) the average annual per capita income 
for American Samoa shall be disregarded in determining the average 
annual per capita income for all the States for periods ending before 
July 1, 1967.''
    Subsec. (d)(5). Pub. L. 104-193, Sec. 705(c)(3), redesignated par. 
(8) as (5). Former par. (5) redesignated (3).
    Subsec. (d)(6), (7). Pub. L. 104-193, Sec. 705(c)(3), redesignated 
pars. (1) and (2) as (6) and (7), respectively. Former pars. (6) and (7) 
redesignated (4) and (2), respectively.
    Subsec. (d)(8). Pub. L. 104-193, Sec. 705(c)(3), redesignated par. 
(8) as (5).
    Subsec. (d)(9). Pub. L. 104-193, Sec. 705(c)(3), redesignated par. 
(9) as (1).
    Pub. L. 104-193, Sec. 701(b), added par. (9).
    Subsec. (f). Pub. L. 104-193, Sec. 705(d), struck out ``the Trust 
Territory of the Pacific Islands,'' after ``the Virgin Islands of the 
United States,''.
    Subsec. (k)(1). Pub. L. 104-193, Sec. 705(e)(3), substituted ``with 
the guidelines contained in the most recent `Dietary Guidelines for 
Americans' that is published under section 5341 of title 7'' for ``with 
the Guidelines'' in introductory provisions.
    Pub. L. 104-193, Sec. 705(e)(1), (2), redesignated par. (3) as (1) 
and struck out former par. (1) which read as follows: ``Prior to the 
publication of final regulations that implement changes that are 
intended to bring the meal pattern requirements of the school lunch and 
breakfast programs into conformance with the guidelines contained in the 
most recent `Dietary Guidelines for Americans' that is published under 
section 5341 of title 7 (referred to in this subsection as the 
`Guidelines'), the Secretary shall issue proposed regulations permitting 
the use of food-based menu systems.''
    Subsec. (k)(2). Pub. L. 104-193, Sec. 705(e)(1), (2), redesignated 
par. (4) as (2) and struck out former par. (2) which read as follows: 
``Notwithstanding chapter 5 of title 5, not later than 45 days after the 
publication of the proposed regulations permitting the use of food-based 
menu systems, the Secretary shall publish notice in the Federal Register 
of, and hold, a public meeting with--
        ``(A) representatives of affected parties, such as Federal, 
    State, and local administrators, school food service administrators, 
    other school food service personnel, parents, and teachers; and
        ``(B) organizations representing affected parties, such as 
    public interest antihunger organizations, doctors specializing in 
    pediatric nutrition, health and consumer groups, commodity groups, 
    food manufacturers and vendors, and nutritionists involved with the 
    implementation and operation of programs under this chapter and the 
    Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
to discuss and obtain public comments on the proposed rule.''
    Subsec. (k)(3), (4). Pub. L. 104-193, Sec. 705(e)(2), redesignated 
pars. (3) and (4) as (1) and (2), respectively.
    Subsec. (k)(5). Pub. L. 104-193, Sec. 705(e)(1), struck out par. (5) 
which read as follows: ``The final regulations shall reflect comments 
made at each phase of the proposed rulemaking process, including the 
public meeting required under paragraph (2).''
    Subsec. (l)(2)(A)(iii) to (vii). Pub. L. 104-193, Sec. 705(f)(1), 
struck out ``and'' at end of cl. (iii), substituted period for semicolon 
at end of cl. (iv), and struck out cls. (v) to (vii) which read as 
follows:
    ``(v) describes the management goals to be achieved, such as fewer 
hours devoted to, or fewer number of personnel involved in, the 
administration of the program;
    ``(vi) provides a timetable for implementing the waiver; and
    ``(vii) describes the process the State or eligible service provider 
will use to monitor the progress in implementing the waiver, including 
the process for monitoring the cost implications of the waiver to the 
Federal Government.''
    Subsec. (l)(3). Pub. L. 104-193, Sec. 705(f)(2), designated subpar. 
(A) as par. (3) and struck out subpars. (B) to (D) which read as 
follows:
    ``(B) If the Secretary grants a waiver request, the Secretary shall 
state in writing the expected outcome of granting the waiver.
    ``(C) The result of the decision of the Secretary shall be 
disseminated by the State or eligible service provider through normal 
means of communication.
    ``(D)(i) Except as provided in clause (ii), a waiver granted by the 
Secretary under this subsection shall be for a period not to exceed 3 
years.
    ``(ii) The Secretary may extend the period if the Secretary 
determines that the waiver has been effective in enabling the State or 
eligible service provider to carry out the purposes of the program.''
    Subsec. (l)(4). Pub. L. 104-193, Sec. 705(f)(3)(A), substituted 
``that increases Federal costs or that relates to'' for ``of any 
requirement relating to'' in introductory provisions.
    Subsec. (l)(4)(D) to (K). Pub. L. 104-193, Sec. 705(f)(3)(B), (C), 
redesignated subpars. (E) to (L) as (D) to (K), respectively, and struck 
out former subpar. (D) which read as follows: ``offer versus serve 
provisions;''.
    Subsec. (l)(4)(L). Pub. L. 104-193, Sec. 705(f)(3)(D), substituted 
``or'' for ``and'' at end.
    Pub. L. 104-193, Sec. 705(f)(3)(C), redesignated subpar. (M) as (L). 
Former subpar. (L) redesignated (K).
    Subsec. (l)(4)(M), (N). Pub. L. 104-193, Sec. 705(f)(3)(C), 
redesignated subpar. (N) as (M). Former subpar. (M) redesignated (L).
    Subsec. (l)(6). Pub. L. 104-193, Sec. 705(f)(4), struck out subpar. 
(A) and designation of subpar. (B) and redesignated cls. (i) to (iv) of 
former subpar. (B) as subpars. (A) to (D). Prior to amendment, subpar. 
(A) read as follows:
    ``(A)(i) An eligible service provider that receives a waiver under 
this subsection shall annually submit to the State a report that--
        ``(I) describes the use of the waiver by the eligible service 
    provider; and
        ``(II) evaluates how the waiver contributed to improved services 
    to children served by the program for which the waiver was 
    requested.
    ``(ii) The State shall annually submit to the Secretary a report 
that summarizes all reports received by the State from eligible service 
providers.''
    1994--Subsec. (d)(5). Pub. L. 103-448, Sec. 112(a)(1), in first 
sentence struck out cl. (C) which read as follows: ``with respect to the 
Commonwealth of Puerto Rico, nonprofit child care centers certified as 
such by the Governor of Puerto Rico'' and in second sentence struck out 
``of clauses (A) and (B)'' after ``For purposes''.
    Subsecs. (j) to (m). Pub. L. 103-448, Secs. 112(b)-(d), 113, added 
subsecs. (j) to (m).
    1989--Subsec. (a). Pub. L. 101-147, Sec. 312(1), substituted 
``school lunch'' for ``school-lunch''.
    Subsec. (b). Pub. L. 101-147, Secs. 306(b)(1), 312(1), substituted 
``the Secretary's'' for ``his'' in two places and ``school lunch'' for 
``school-lunch''.
    Subsec. (d)(5). Pub. L. 101-147, Sec. 306(b)(2), substituted 
``Internal Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', 
which for purposes of codification was translated as ``title 26'' thus 
requiring no change in text.
    Subsec. (d)(8). Pub. L. 101-147, Sec. 306(a)(1), amended par. (8), 
as amended identically by Pub. L. 99-500 and 99-591, Sec. 373(a), and 
Pub. L. 99-661, Sec. 4503(a), to read as if only the amendment by Pub. 
L. 99-661 was enacted, resulting in no change in text, see 1986 
Amendment note below.
    Subsec. (g). Pub. L. 101-147, Sec. 306(b)(3), substituted 
``personal'' for ``his'' before ``use''.
    Subsec. (i). Pub. L. 101-147, Sec. 306(b)(4), struck out ``(42 
U.S.C. 1771 et seq.)'' after ``Child Nutrition Act of 1966'' and ``(42 
U.S.C. 3001 et seq.)'' after ``Older Americans Act of 1965''.
    Pub. L. 101-147, Sec. 306(a)(2), amended subsec. (i), as amended 
identically by Pub. L. 99-500 and 99-591, Sec. 326, and Pub. L. 99-661, 
Sec. 4206, to read as if only the amendment by Pub. L. 99-661 was 
enacted, resulting in no change in text, see 1986 Amendment note below.
    1987--Subsec. (d)(5). Pub. L. 100-71 amended par. (5) generally. 
Prior to amendment, par. (5) read as follows: `` `School' means (A) any 
public or nonprofit private school of high school grade or under, (B) 
any public or licensed nonprofit private residential child care 
institution (including, but not limited to, orphanages and homes for the 
mentally retarded, but excluding Job Corps Centers funded by the 
Department of Labor), and (C) with respect to the Commonwealth of Puerto 
Rico, nonprofit child care centers certified as such by the Governor of 
Puerto Rico. For purposes of clauses (A) and (B) of this paragraph, the 
term `nonprofit', when applied to any such private school or 
institution, means any such school or institution which is exempt from 
tax under section 501(c)(3) of title 26. On July 1, 1988, and each July 
1 thereafter, the Secretary shall adjust the tuition limitation amount 
prescribed in clause (A) of the first sentence of this paragraph to 
reflect changes in the Consumer Price Index for All Urban Consumers 
during the most recent 12-month period for which the data is 
available.''
    1986--Subsec. (d)(5). Pub. L. 99-661, Sec. 4205(a)(2), inserted ``On 
July 1, 1988, and each July 1 thereafter, the Secretary shall adjust the 
tuition limitation amount prescribed in clause (A) of the first sentence 
of this paragraph to reflect changes in the Consumer Price Index for All 
Urban Consumers during the most recent 12-month period for which the 
data is available.''
    Subsec. (d)(5)(A). Pub. L. 99-500 and Pub. L. 99-591, Sec. 325(a), 
which directed the amendment of subpar. (A) by striking out ``except 
private schools whose average yearly tuition exceeds $1,500 per child,'' 
after ``grade or under,'' was executed by striking out ``except private 
schools whose average yearly tuition exceeds $2,000 per child,'' after 
``grade or under,'' to reflect the probable intent of Congress and the 
intervening amendment of subpar. (A) by Pub. L. 99-661, Sec. 4205(a)(1). 
See below.
    Pub. L. 99-661, Sec. 4205(a)(1), substituted ``$2,000'' for 
``$1,500''.
    Subsec. (d)(8). Pub. L. 99-500 and Pub. L. 99-591, Sec. 373(a), and 
Pub. L. 99-661, Sec. 4503(a), amended subsec. (d) identically, adding 
par. (8).
    Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, Sec. 326, and Pub. 
L. 99-661, Sec. 4206, amended section identically, adding subsec. (i).
    1981--Subsec. (d). Pub. L. 97-35, Sec. 819(c)(1), struck out par. 
(3) which defined ``food service equipment assistance'', and 
redesignated pars. (4) to (8) as (3) to (7), respectively.
    Pub. L. 97-35, Sec. 808(a), inserted reference to private schools in 
par. (6).
    Pub. L. 97-35, Sec. 813(d), added par. (8).
    Subsec. (h). Pub. L. 97-35, Sec. 819(c)(2), struck out provisions 
relating to net cost of operating limitation.
    1980--Subsec. (d)(6). Pub. L. 96-499 inserted ``, but excluding Job 
Corps Centers funded by the Department of Labor''.
    1978--Subsec. (d)(7). Pub. L. 95-627, Sec. 10(b), substituted ``from 
July 1 through June 30'' for ``determined in accordance with regulations 
issued by the Secretary''.
    Subsecs. (f), (g). Pub. L. 95-627, Sec. 10(a), added subsecs. (f) 
and (g).
    Subsec. (h). Pub. L. 95-627, Sec. 6(a), added subsec. (h).
    1977--Subsec. (d)(3). Pub. L. 95-166, Sec. 3, substituted ``food 
service equipment assistance'' for ``nonfood assistance''.
    Subsec. (d)(7). Pub. L. 95-166, Sec. 19(c), added par. (7).
    1975--Subsec. (d)(1). Pub. L. 94-105, Sec. 9(b), inserted reference 
to Trust Territory of the Pacific Islands.
    Subsec. (d)(3) to (7). Pub. L. 94-105, Sec. 9(a), (c), struck out 
par. (3) defining ``Nonprofit private schools'', redesignated pars. (4) 
to (7) as (3) to (6), respectively, and in par. (6), as so redesignated, 
expanded definition of ``school'' to include any public or licensed 
nonprofit private residential child care institution, including, but not 
limited to, orphanages and homes for the mentally retarded, and inserted 
provision defining ``nonprofit'' as any school or institution exempt 
under section 501(c)(3) of title 26.
    Subsec. (e). Pub. L. 94-105, Sec. 9(d), added subsec. (e).
    1970--Subsec. (d)(5). Pub. L. 91-248 provided that data upon which 
State apportionments are calculated is program year completed two years 
immediately prior to fiscal year for which appropriation is requested.
    1962--Subsec. (c). Pub. L. 87-823 struck out requirement of just and 
equitable distribution of funds in States maintaining separate schools 
for minority and majority races.
    Subsec. (d). Pub. L. 87-823 redefined ``State'' in par. (1) to 
recognize Hawaiian and Alaskan statehood and to include American Samoa; 
``State educational agency'' in par. (2) to exclude an exception 
applicable to the District of Columbia and language which was effective 
by its terms only through June 30, 1948; ``nonprofit private school'' in 
par. (3), substituting ``section 501(c)(3) of title 26'' for ``section 
101(6) of title 26''; and ``nonfood assistance'' in par. (4), 
substituting ``used by schools'' for ``used on school premises''; and 
added pars. (5) to (7).
    Pub. L. 87-688 inserted ``American Samoa,'' after ``Guam''.
    1952--Subsec. (d)(1). Act July 12, 1952, included Guam within 
definition of State.

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.


                    Effective Date of 1998 Amendment

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


                    Effective Date of 1994 Amendment

    Section 112(a)(2) of Pub. L. 103-448 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall become effective on 
October 1, 1995.''
    Amendment by sections 112(b)-(d) and 113 of Pub. L. 103-448 
effective Oct. 1, 1994, see section 401 of Pub. L. 103-448, set out as a 
note under section 1755 of this title.


                    Effective Date of 1987 Amendment

    Section 101(c) of Pub. L. 100-71 provided that: ``The amendments 
made by subsections (a) and (b) [amending sections 1760 and 1784 of this 
title] shall take effect on July 1, 1987.''


                    Effective Date of 1986 Amendments

    Section 4205(c) of Pub. L. 99-661 provided that:
    ``(1) The amendments made by subsections (a)(1) and (b)(1) [amending 
sections 1760 and 1784 of this title] shall apply for the fiscal year 
beginning on October 1, 1986, and each school year thereafter.
    ``(2) The amendments made by subsections (a)(2) and (b)(2) [amending 
sections 1760 and 1784 of this title] shall apply for the school year 
beginning on July 1, 1988, and each school year thereafter.''
    Section 325(c) of Pub. L. 99-500 and Pub. L. 99-591 provided that: 
``The amendments made by this section [amending sections 1760 and 1784 
of this title] shall take effect July 1, 1987.''


                    Effective Date of 1981 Amendment

    Amendment by sections 808 and 819 of Pub. L. 97-35 effective Oct. 1, 
1981, and amendment by section 813 of Pub. L. 97-35 effective 90 days 
after Aug. 13, 1981, see section 820(a)(3)-(5) of Pub. L. 97-35, set out 
as a note under section 1753 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-627 effective Oct. 1, 1978, see section 14 
of Pub. L. 95-627, set out as a note under section 1755 of this title.


                    Effective Date of 1977 Amendment

    Section 19 of Pub. L. 95-166 provided that the amendment made by 
that section is effective July 1, 1977.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-688 applicable only with respect to funds 
appropriated after Sept. 25, 1962, see section 3(b) of Pub. L. 87-688, 
set out as a note under section 1753 of this title.


                    Effective Date of 1952 Amendment

    Amendment by act July 12, 1952, effective only with respect to funds 
appropriated after July 12, 1952, see section 1(d) of act July 12, 1952, 
set out as a note under section 1753 of this title.


                  Study of Cost Accounting Requirements

    Section 21 of Pub. L. 94-105 prohibited Secretary from delaying or 
withholding or causing any State to delay or withhold payments for 
reimbursement of per-meal costs on basis of noncompliance with cost 
accounting procedures until requirements of subsec. (b) of this section 
have been met, and called for a study by Secretary of additional 
personnel and training needs of States, school districts, and schools 
resulting from requirement of full cost accounting procedures, such 
report with recommendations to be submitted to appropriate committees of 
Congress within one year after Oct. 7, 1975.

                  Section Referred to in Other Sections

    This section is referred to in sections 1766, 1766a, 1786 of this 
title.
