
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1761]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1761. Summer food service programs for children in service 
        institutions
        

(a) Assistance to States; definitions; facilities to be used; eligible 
        service institutions; order of priority in participation; 
        assistance to rural area eligible service institutions to 
        participate in the programs; reimbursement of camps, 
        limitations, local, municipal and county institutions to be run 
        by government; eligible private nonprofit organizations

    (1) The Secretary is authorized to carry out a program to assist 
States, through grants-in-aid and other means, to initiate and maintain 
nonprofit food service programs for children in service institutions. 
For purposes of this section, (A) ``program'' means the summer food 
service program for children authorized by this section; (B) ``service 
institutions'' means public or private nonprofit school food 
authorities, local, municipal, or county governments, public or private 
nonprofit higher education institutions participating in the National 
Youth Sports Program,,\1\ and residential public or private nonprofit 
summer camps, that develop special summer or school vacation programs 
providing food service similar to that made available to children during 
the school year under the school lunch program under this chapter or the 
school breakfast program under the Child Nutrition Act of 1966 [42 
U.S.C. 1771 et seq.]; (C) ``areas in which poor economic conditions 
exist'' means areas in which at least 50 percent of the children are 
eligible for free or reduced price school meals under this chapter and 
the Child Nutrition Act of 1966, as determined by information provided 
from departments of welfare, zoning commissions, census tracts, by the 
number of free and reduced price lunches or breakfasts served to 
children attending public and nonprofit private schools located in the 
area of program food service sites, or from other appropriate sources, 
including statements of eligibility based upon income for children 
enrolled in the program; (D) ``children'' means individuals who are 
eighteen years of age and under, and individuals who are older than 
eighteen who are (i) determined by a State educational agency or a local 
public educational agency of a State, in accordance with regulations 
prescribed by the Secretary, to have a disability, and (ii) 
participating in a public or nonprofit private school program 
established for individuals who have a disability; and (E) ``State'' 
means any of the fifty States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands of the United States, 
Guam, American Samoa, and the Northern Mariana Islands.
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    \1\ So in original.
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    (2) To the maximum extent feasible, consistent with the purposes of 
this section, any food service under the program shall use meals 
prepared at the facilities of the service institution or at the food 
service facilities of public and nonprofit private schools. The 
Secretary shall assist States in the development of information and 
technical assistance to encourage increased service of meals prepared at 
the facilities of service institutions and at public and nonprofit 
private schools.
    (3) Eligible service institutions entitled to participate in the 
program shall be limited to those that--
        (A) demonstrate adequate administrative and financial 
    responsibility to manage an effective food service;
        (B) have not been seriously deficient in operating under the 
    program;
        (C)(i) conduct a regularly scheduled food service for children 
    from areas in which poor economic conditions exist; or
        (ii) qualify as camps; and
        (D) provide an ongoing year-round service to the community to be 
    served under the program (except that an otherwise eligible service 
    institution shall not be disqualified for failure to meet this 
    requirement for ongoing year-round service if the State determines 
    that its disqualification would result in an area in which poor 
    economic conditions exist not being served or in a significant 
    number of needy children not having reasonable access to a summer 
    food service program).

    (4) The following order of priority shall be used by the State in 
determining participation where more than one eligible service 
institution proposes to serve the same area:
        (A) Local schools.
        (B) All other service institutions and private nonprofit 
    organizations eligible under paragraph (7) that have demonstrated 
    successful program performance in a prior year.
        (C) New public institutions.
        (D) New private nonprofit organizations eligible under paragraph 
    (7).

The Secretary and the States, in carrying out their respective functions 
under this section, shall actively seek eligible service institutions 
located in rural areas, for the purpose of assisting such service 
institutions in applying to participate in the program.
    (5) Camps that satisfy all other eligibility requirements of this 
section shall receive reimbursement only for meals served to children 
who meet the eligibility requirements for free or reduced price meals, 
as determined under this chapter and the Child Nutrition Act of 1966 [42 
U.S.C. 1771 et seq.].
    (6) Service institutions that are local, municipal, or county 
governments shall be eligible for reimbursement for meals served in 
programs under this section only if such programs are operated directly 
by such governments.
    (7)(A) Private nonprofit organizations, as defined in subparagraph 
(B) (other than organizations eligible under paragraph (1)), shall be 
eligible for the program under the same terms and conditions as other 
service institutions.
    (B) As used in this paragraph, the term ``private nonprofit 
organizations'' means those organizations that--
        (i) operate--
            (I) not more than 25 sites, with not more than 300 children 
        being served at any one site; or
            (II) with a waiver granted by the State agency under 
        standards developed by the Secretary, with not more than 500 
        children being served at any one site;

        (ii) exercise full control and authority over the operation of 
    the program at all sites under their sponsorship;
        (iii) provide ongoing year-around activities for children or 
    families;
        (iv) demonstrate that such organizations have adequate 
    management and the fiscal capacity to operate a program under this 
    section; and
        (v) meet applicable State and local health, safety, and 
    sanitation standards.

(b) Service institutions

    (1) Payments.--
        (A) In general.--Except as otherwise provided in this paragraph, 
    payments to service institutions shall equal the full cost of food 
    service operations (which cost shall include the costs of obtaining, 
    preparing, and serving food, but shall not include administrative 
    costs).
        (B) Maximum amounts.--Subject to subparagraph (C), payments to 
    any institution under subparagraph (A) shall not exceed--
            (i) $1.97 for each lunch and supper served;
            (ii) $1.13 for each breakfast served; and
            (iii) 46 cents for each meal supplement served.

        (C) Adjustments.--Amounts specified in subparagraph (B) shall be 
    adjusted on January 1, 1997, and each January 1 thereafter, to the 
    nearest lower cent increment to reflect changes for the 12-month 
    period ending the preceding November 30 in the series for food away 
    from home of the Consumer Price Index for All Urban Consumers 
    published by the Bureau of Labor Statistics of the Department of 
    Labor. Each adjustment shall be based on the unrounded adjustment 
    for the prior 12-month period.

    (2) Any service institution may only serve lunch and either 
breakfast or a meal supplement during each day of operation, except that 
any service institution that is a camp or that serves meals primarily to 
migrant children may serve up to 3 meals, or 2 meals and 1 supplement, 
during each day of operation, if (A) the service institution has the 
administrative capability and the food preparation and food holding 
capabilities (where applicable) to serve more than one meal per day, and 
(B) the service period of different meals does not coincide or overlap.
    (3) Every service institution, when applying for participation in 
the program, shall submit a complete budget for administrative costs 
related to the program, which shall be subject to approval by the State. 
Payment to service institutions for administrative costs shall equal the 
full amount of State approved administrative costs incurred, except that 
such payment to service institutions may not exceed the maximum 
allowable levels determined by the Secretary pursuant to the study 
prescribed in paragraph (4) of this subsection.
    (4)(A) The Secretary shall conduct a study of the food service 
operations carried out under the program. Such study shall include, but 
shall not be limited to--
        (i) an evaluation of meal quality as related to costs; and
        (ii) a determination whether adjustments in the maximum 
    reimbursement levels for food service operation costs prescribed in 
    paragraph (1) of this subsection should be made, including whether 
    different reimbursement levels should be established for self-
    prepared meals and vendored meals and which site-related costs, if 
    any, should be considered as part of administrative costs.

    (B) The Secretary shall also study the administrative costs of 
service institutions participating in the program and shall thereafter 
prescribe maximum allowable levels for administrative payments that 
reflect the costs of such service institutions, taking into account the 
number of sites and children served, and such other factors as the 
Secretary determines appropriate to further the goals of efficient and 
effective administration of the program.
    (C) The Secretary shall report the results of such studies to 
Congress not later than December 1, 1977.

(c) Payments for meals served during May through September; exceptions 
        for continuous school calendars or non-school sites; National 
        Youth Sports Program

    (1) Payments shall be made to service institutions only for meals 
served during the months of May through September, except in the case of 
service institutions that operate food service programs for children on 
school vacation at any time under a continuous school calendar or that 
provide meal service at non-school sites to children who are not in 
school for a period during the months of October through April due to a 
natural disaster, building repair, court order, or similar cause.
    (2) Children participating in National Youth Sports Programs 
operated by higher education institutions shall be eligible to 
participate in the program under this paragraph on showing residence in 
areas in which poor economic conditions exist or on the basis of income 
eligibility statements for children enrolled in the program.

(d) Advance program payments to States for monthly meal service; letters 
        of credit, forwarding to States; determination of amount; valid 
        claims, receipt

    Not later than April 15, May 15, and July 1 of each year, the 
Secretary shall forward to each State a letter of credit (advance 
program payment) that shall be available to each State for the payment 
of meals to be served in the month for which the letter of credit is 
issued. The amount of the advance program payment shall be an amount 
which the State demonstrates, to the satisfaction of the Secretary, to 
be necessary for advance program payments to service institutions in 
accordance with subsection (e) of this section. The Secretary shall also 
forward such advance program payments, by the first day of the month 
prior to the month in which the program will be conducted, to States 
that operate the program in months other than May through September. The 
Secretary shall forward any remaining payments due pursuant to 
subsection (b) of this section not later than sixty days following 
receipt of valid claims therefor.

(e) Advance program payments to service institutions for monthly meal 
        service; certification of personnel training sessions; minimum 
        days per month operations requirement; payments: computation, 
        limitation; valid claims, receipt; withholding; demand for 
        repayment; subtraction of disputed payments

    (1) Not later than June 1, July 15, and August 15 of each year, or, 
in the case of service institutions that operate under a continuous 
school calendar, the first day of each month of operation, the State 
shall forward advance program payments to each service institution. The 
State shall not release the second month's advance program payment to 
any service institution (excluding a school) that has not certified that 
it has held training sessions for its own personnel and the site 
personnel with regard to program duties and responsibilities. No advance 
program payment may be made for any month in which the service 
institution will operate under the program for less than ten days.
    (2) The amount of the advance program payment for any month in the 
case of any service institution shall be an amount equal to (A) the 
total program payment for meals served by such service institution in 
the same calendar month of the preceding calendar year, (B) 50 percent 
of the amount established by the State to be needed by such service 
institution for meals if such service institution contracts with a food 
service management company, or (C) 65 percent of the amount established 
by the State to be needed by such service institution for meals if such 
service institution prepares its own meals, whichever amount is 
greatest: Provided, That the advance program payment may not exceed the 
total amount estimated by the State to be needed by such service 
institution for meals to be served in the month for which such advance 
program payment is made or $40,000, whichever is less, except that a 
State may make a larger advance program payment to such service 
institution where the State determines that such larger payment is 
necessary for the operation of the program by such service institution 
and sufficient administrative and management capability to justify a 
larger payment is demonstrated. The State shall forward any remaining 
payment due a service institution not later than seventy-five days 
following receipt of valid claims. If the State has reason to believe 
that a service institution will not be able to submit a valid claim for 
reimbursement covering the period for which an advance program payment 
has been made, the subsequent month's advance program payment shall be 
withheld until such time as the State has received a valid claim. 
Program payments advanced to service institutions that are not 
subsequently deducted from a valid claim for reimbursement shall be 
repaid upon demand by the State. Any prior payment that is under dispute 
may be subtracted from an advance program payment.

(f) Nutritional standards

    (1) Service institutions receiving funds under this section shall 
serve meals consisting of a combination of foods and meeting minimum 
nutritional standards prescribed by the Secretary on the basis of tested 
nutritional research.
    (2) The Secretary shall provide technical assistance to service 
institutions and private nonprofit organizations participating in the 
program to assist the institutions and organizations in complying with 
the nutritional requirements prescribed by the Secretary pursuant to 
this subsection.
    (3) Meals described in paragraph (1) shall be served without cost to 
children attending service institutions approved for operation under 
this section, except that, in the case of camps, charges may be made for 
meals served to children other than those who meet the eligibility 
requirements for free or reduced price meals in accordance with 
subsection (a)(5) of this section.
    (4) To assure meal quality, States shall, with the assistance of the 
Secretary, prescribe model meal specifications and model food quality 
standards, and ensure that all service institutions contracting for the 
preparation of meals with food service management companies include in 
their contracts menu cycles, local food safety standards, and food 
quality standards approved by the State.
    (5) Such contracts shall require (A) periodic inspections, by an 
independent agency or the local health department for the locality in 
which the meals are served, of meals prepared in accordance with the 
contract in order to determine bacteria levels present in such meals, 
and (B) conformance with standards set by local health authorities.
    (6) Such inspections and any testing resulting therefrom shall be in 
accordance with the practices employed by such local health authority.
    (7) Offer versus serve.--A school food authority participating as a 
service institution may permit a child to refuse one or more items of a 
meal that the child does not intend to consume, under rules that the 
school uses for school meals programs. A refusal of an offered food item 
shall not affect the amount of payments made under this section to a 
school for the meal.

(g) Regulations, guidelines, applications, and handbooks; publication; 
        startup costs

    The Secretary shall publish proposed regulations relating to the 
implementation of the program by November 1 of each fiscal year, final 
regulations by January 1 of each fiscal year, and guidelines, 
applications, and handbooks by February 1 of each fiscal year. In order 
to improve program planning, the Secretary may provide that service 
institutions be paid as startup costs not to exceed 20 percent of the 
administrative funds provided for in the administrative budget approved 
by the State under subsection (b)(3) of this section. Any payments made 
for startup costs shall be subtracted from amounts otherwise payable for 
administrative costs subsequently made to service institutions under 
subsection (b)(3) of this section.

(h) Direct disbursement to service institutions by Secretary

    Each service institution shall, insofar as practicable, use in its 
food service under the program foods designated from time to time by the 
Secretary as being in abundance. The Secretary is authorized to donate 
to States, for distribution to service institutions, food available 
under section 1431 of title 7, or purchased under section 612c of title 
7 or section 1446a-1 of title 7. Donated foods may be distributed only 
to service institutions that can use commodities efficiently and 
effectively, as determined by the Secretary.

(i) Repealed. Pub. L. 97-35, title VIII, Sec. 817(b), Aug. 13, 1981, 95 
        Stat. 532

(j) Administrative expenses of Secretary; authorization of 
        appropriations

    Expenditures of funds from State and local sources for the 
maintenance of food programs for children shall not be diminished as a 
result of funds received under this section.

(k) Administrative costs of State; payment; adjustment; standards and 
        effective dates, establishment; funds: withholding, inspection

    (1) The Secretary shall pay to each State for its administrative 
costs incurred under this section in any fiscal year an amount equal to 
(A) 20 percent of the first $50,000 in funds distributed to that State 
for the program in the preceding fiscal year; (B) 10 percent of the next 
$100,000 distributed to that State for the program in the preceding 
fiscal year; (C) 5 percent of the next $250,000 in funds distributed to 
that State for the program in the preceding fiscal year; and (D) 2\1/2\ 
percent of any remaining funds distributed to that State for the program 
in the preceding fiscal year: Provided, That such amounts may be 
adjusted by the Secretary to reflect changes in the size of that State's 
program since the preceding fiscal year.
    (2) The Secretary shall establish standards and effective dates for 
the proper, efficient, and effective administration of the program by 
the State. If the Secretary finds that the State has failed without good 
cause to meet any of the Secretary's standards or has failed without 
good cause to carry out the approved State management and administration 
plan under subsection (n) of this section, the Secretary may withhold 
from the State such funds authorized under this subsection as the 
Secretary determines to be appropriate.
    (3) To provide for adequate nutritional and food quality monitoring, 
and to further the implementation of the program, an additional amount, 
not to exceed the lesser of actual costs or 1 percent of program funds, 
shall be made available by the Secretary to States to pay for State or 
local health department inspections, and to reinspect facilities and 
deliveries to test meal quality.

(l) Food service management companies; subcontracts; assignments, 
        conditions and limitations; meal capacity information in bids 
        subject to review; registration; record, availability to States; 
        small and minority-owned businesses for supplies and services; 
        contracts: standard form, bid and contract procedures, bonding 
        requirements and exemption, review by States, collusive bidding 
        safeguards

    (1) Service institutions may contract on a competitive basis with 
food service management companies for the furnishing of meals or 
management of the entire food service under the program, except that a 
food service management company entering into a contract with a service 
institution under this section may not subcontract with a single company 
for the total meal, with or without milk, or for the assembly of the 
meal. The Secretary shall prescribe additional conditions and 
limitations governing assignment of all or any part of a contract 
entered into by a food service management company under this section. 
Any food service management company shall, in its bid, provide the 
service institution information as to its meal capacity.
    (2) Each State may provide for the registration of food service 
management companies.
    (3) In accordance with regulations issued by the Secretary, positive 
efforts shall be made by service institutions to use small businesses 
and minority-owned businesses as sources of supplies and services. Such 
efforts shall afford those sources the maximum feasible opportunity to 
compete for contracts using program funds.
    (4) Each State, with the assistance of the Secretary, shall 
establish a standard form of contract for use by service institutions 
and food service management companies. The Secretary shall prescribe 
requirements governing bid and contract procedures for acquisition of 
the services of food service management companies, including, but not 
limited to, bonding requirements (which may provide exemptions 
applicable to contracts of $100,000 or less), procedures for review of 
contracts by States, and safeguards to prevent collusive bidding 
activities between service institutions and food service management 
companies.

(m) Accounts and records

    States and service institutions participating in programs under this 
section shall keep such accounts and records as may be necessary to 
enable the Secretary to determine whether there has been compliance with 
this section and the regulations issued hereunder. 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 necessary.

(n) Management and administration plan; notification and submittal to 
        Secretary; specific provisions

    Each State desiring to participate in the program shall notify the 
Secretary by January 1 of each year of its intent to administer the 
program and shall submit for approval by February 15 a management and 
administration plan for the program for the fiscal year, which shall 
include, but not be limited to, (1) the State's administrative budget 
for the fiscal year, and the State's plans to comply with any standards 
prescribed by the Secretary under subsection (k) of this section; (2) 
the State's plans for use of program funds and funds from within the 
State to the maximum extent practicable to reach needy children; (3) the 
State's plans for providing technical assistance and training eligible 
service institutions; (4) the State's plans for monitoring and 
inspecting service institutions, feeding sites, and food service 
management companies and for ensuring that such companies do not enter 
into contracts for more meals than they can provide effectively and 
efficiently; (5) the State's plan for timely and effective action 
against program violators; and (6) the State's plan for ensuring fiscal 
integrity by auditing service institutions not subject to auditing 
requirements prescribed by the Secretary.

(o) Violations and penalties

    (1) Whoever, in connection with any application, procurement, 
recordkeeping entry, claim for reimbursement, or other document or 
statement made in connection with the program, knowingly and willfully 
falsifies, conceals, or covers up by any trick, scheme, or device a 
material fact, or makes any false, fictitious, or fraudulent statements 
or representations, or makes or uses any false writing or document 
knowing the same to contain any false, fictitious, or fraudulent 
statement or entry, or whoever, in connection with the program, 
knowingly makes an opportunity for any person to defraud the United 
States, or does or omits to do any act with intent to enable any person 
to defraud the United States, shall be fined not more than $10,000 or 
imprisoned not more than five years, or both.
    (2) Whoever being a partner, officer, director, or managing agent 
connected in any capacity with any partnership, association, 
corporation, business, or organization, either public or private, that 
receives benefits under the program, knowingly or willfully embezzles, 
misapplies, steals, or obtains by fraud, false statement, or forgery, 
any benefits provided by this section or any money, funds, assets, or 
property derived from benefits provided by this section, shall be fined 
not more than $10,000 or imprisoned for not more than five years, or 
both (but, if the benefits, money, funds, assets, or property involved 
is not over $200, then the penalty shall be a fine of not more than 
$1,000 or imprisonment for not more than one year, or both).
    (3) If two or more persons conspire or collude to accomplish any act 
made unlawful under this subsection, and one or more of such persons do 
any act to effect the object of the conspiracy or collusion, each shall 
be fined not more than $10,000 or imprisoned for not more than five 
years, or both.

(p) Monitoring of participating private nonprofit organizations

    (1) In addition to the normal monitoring of organizations receiving 
assistance under this section, the Secretary shall establish a system 
under which the Secretary and the States shall monitor the compliance of 
private nonprofit organizations with the requirements of this section 
and with regulations issued to implement this section.
    (2) In the fiscal year 1990 and each succeeding fiscal year, the 
Secretary may reserve for purposes of carrying out paragraph (1) not 
more than \1/2\ of 1 percent of amounts appropriated for purposes of 
carrying out this section.

(q) Authorization of appropriations

    For the fiscal year beginning October 1, 1977, and each succeeding 
fiscal year ending before October 1, 2003, there are hereby authorized 
to be appropriated such sums as are necessary to carry out the purposes 
of this section.

(June 4, 1946, ch. 281, Sec. 13, as added Pub. L. 90-302, Sec. 3, May 8, 
1968, 82 Stat. 117; amended Pub. L. 91-248, Sec. 6(c), (d), May 14, 
1970, 84 Stat. 210; Pub. L. 92-32, Sec. 7, June 30, 1971, 85 Stat. 86; 
Pub. L. 92-433, Secs. 1, 2, Sept. 26, 1972, 86 Stat. 724; Pub. L. 94-20, 
May 2, 1975, 89 Stat. 82; Pub. L. 94-105, Sec. 13, Oct. 7, 1975, 89 
Stat. 515; Pub. L. 95-166, Sec. 2, Nov. 10, 1977, 91 Stat. 1325; Pub. L. 
95-627, Secs. 5(d), 7(b), 10(d)(2), Nov. 10, 1978, 92 Stat. 3620, 3622, 
3624; Pub. L. 96-499, title II, Sec. 206, Dec. 5, 1980, 94 Stat. 2601; 
Pub. L. 97-35, title VIII, Secs. 809, 817(b), Aug. 13, 1981, 95 Stat. 
527, 532; Pub. L. 99-500, title III, Sec. 311, Oct. 18, 1986, 100 Stat. 
1783-360, and Pub. L. 99-591, title III, Sec. 311, Oct. 30, 1986, 100 
Stat. 3341-363; Pub. L. 99-661, div. D, title I, Sec. 4101, Nov. 14, 
1986, 100 Stat. 4071; Pub. L. 100-435, title II, Sec. 213, Sept. 19, 
1988, 102 Stat. 1658; Pub. L. 101-147, title I, Sec. 102(a), title III, 
Sec. 307, Nov. 10, 1989, 103 Stat. 879, 915; Pub. L. 103-448, title I, 
Secs. 105(b), 114(a)-(g), Nov. 2, 1994, 108 Stat. 4702, 4712, 4713; Pub. 
L. 104-193, title VII, Sec. 706(a)-(l), Aug. 22, 1996, 110 Stat. 2291-
2293; Pub. L. 105-336, title I, Secs. 105(a)-(e)(1), 107(j)(2)(A), 
(3)(B), Oct. 31, 1998, 112 Stat. 3148, 3149, 3152, 3153.)

                       References in Text

    The Child Nutrition Act of 1966, referred to in subsec. (a)(1), (5), 
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.

                          Codification

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


                               Amendments

    1998--Subsec. (a)(1)(D)(i). Pub. L. 105-336, Sec. 107(j)(3)(B)(i), 
substituted ``to have a disability'' for ``to be mentally or physically 
handicapped''.
    Subsec. (a)(1)(D)(ii). Pub. L. 105-336, Sec. 107(j)(3)(B)(ii), 
substituted ``individuals who have a disability'' for ``the mentally or 
physically handicapped''.
    Subsec. (a)(3)(C). Pub. L. 105-336, Sec. 107(j)(2)(A), inserted 
``or'' at end of cl. (i), redesignated cl. (iii) as (ii), and struck out 
former cl. (ii) which read as follows: ``conduct a regularly scheduled 
food service primarily for homeless children; or''.
    Subsec. (a)(7)(B)(i). Pub. L. 105-336, Sec. 105(a), added cl. (i) 
and struck out former cl. (i) which read as follows:
    ``(i)(I) serve a total of not more than 2,500 children per day at 
not more than 5 sites in any urban area, with not more than 300 children 
being served at any 1 site (or, with a waiver granted by the State under 
standards developed by the Secretary, not more than 500 children being 
served at any 1 site); or
    ``(II) serve a total of not more than 2,500 children per day at not 
more than 20 sites in any rural area, with not more than 300 children 
being served at any 1 site (or, with a waiver granted by the State under 
standards developed by the Secretary, not more than 500 children being 
served at any 1 site);''.
    Subsec. (a)(7)(B)(ii) to (vii). Pub. L. 105-336, Sec. 105(b)(1), 
redesignated cls. (iv) to (vii) as (ii) to (v), respectively, and struck 
out former cls. (ii) and (iii) which read as follows:
    ``(ii) use self-preparation facilities to prepare meals, or obtain 
meals from a public facility (such as a school district, public 
hospital, or State university) or a school participating in the school 
lunch program under this chapter;
    ``(iii) operate in areas where a school food authority or the local, 
municipal, or county government has not indicated by March 1 of any year 
that such authority or unit of local government will operate a program 
under this section in such year;''.
    Subsec. (f)(7). Pub. L. 105-336, Sec. 105(c), in first sentence, 
struck out ``attending a site on school premises operated directly by 
the authority'' after ``permit a child''.
    Subsec. (l)(1). Pub. L. 105-336, Sec. 105(b)(2)(A), in first 
sentence, struck out ``(other than private nonprofit organizations 
eligible under subsection (a)(7) of this section)'' after ``Service 
institutions'' and substituted ``with food service management 
companies'' for ``only with food service management companies registered 
with the State in which they operate'' and struck out at end ``The State 
shall, upon award of any bid, review the company's registration to 
calculate how many remaining meals the food service management company 
is equipped to prepare.''
    Subsec. (l)(2). Pub. L. 105-336, Sec. 105(b)(2)(B), substituted 
``may'' for ``shall'' after ``Each State'' and struck out at end ``For 
the purposes of this section, registration shall include, at a minimum--
        ``(A) certification that the company meets applicable State and 
    local health, safety, and sanitation standards;
        ``(B) disclosure of past and present company owners, officers, 
    and directors, and their relationship, if any, to any service 
    institution or food service management company that received program 
    funds in any prior fiscal year;
        ``(C) records of contract terminations or disallowances, and 
    health, safety, and sanitary code violations, in regard to program 
    operations in prior fiscal years; and
        ``(D) the addresses of the company's food preparation and 
    distribution sites.
No food service management company may be registered if the State 
determines that such company (i) lacks the administrative and financial 
capability to perform under the program, or (ii) has been seriously 
deficient in its participation in the program in prior fiscal years.''
    Subsec. (l)(3) to (5). Pub. L. 105-336, Sec. 105(b)(2)(C), (D), 
redesignated pars. (4) and (5) as (3) and (4), respectively, and struck 
out former par. (3) which read as follows: ``In order to ensure that 
only qualified food service management companies contract for services 
in all States, the Secretary shall maintain a record of all registered 
food service management companies that have been seriously deficient in 
their participation in the program and may maintain a record of other 
registered food service management companies, for the purpose of making 
such information available to the States.''
    Subsec. (n)(2). Pub. L. 105-336, Sec. 105(e)(1), amended Pub. L. 
104-193, Sec. 706(j)(1). See 1996 Amendment note below.
    Subsec. (q). Pub. L. 105-336, Sec. 105(d), substituted ``2003'' for 
``1998''.
    1996--Subsec. (a)(1). Pub. L. 104-193, Sec. 706(a)(1)(A), 
substituted ``initiate and maintain nonprofit food service programs'' 
for ``initiate, maintain, and expand nonprofit food service programs'' 
in first sentence.
    Subsec. (a)(1)(E). Pub. L. 104-193, Sec. 706(a)(1)(B), struck out 
``the Trust Territory of the Pacific Islands,'' before ``and the 
Northern Mariana Islands''.
    Subsec. (a)(7)(A). Pub. L. 104-193, Sec. 706(a)(2), substituted 
``Private nonprofit organizations'' for ``Except as provided in 
subparagraph (C), private nonprofit organizations''.
    Subsec. (b). Pub. L. 104-193, Sec. 706(b), inserted heading.
    Subsec. (b)(1). Pub. L. 104-193, Sec. 706(b), added par. (1) and 
struck out former par. (1) which read as follows: ``Payments to service 
institutions shall equal the full cost of food service operations (which 
cost shall include the cost of obtaining, preparing, and serving food, 
but shall not include administrative costs), except that such payments 
to any institution shall not exceed (1) 85.75 cents for each lunch and 
supper served; (2) 47.75 cents for each breakfast served; or (3) 22.50 
cents for each meal supplement served: Provided, That such amounts shall 
be adjusted each January 1 to the nearest one-fourth cent in accordance 
with the changes for the twelve-month period ending the preceding 
November 30 in the series for food away from home of the Consumer Price 
Index for All Urban Consumers published by the Bureau of Labor 
Statistics of the Department of Labor: Provided further, That the 
Secretary may make such adjustments in the maximum reimbursement levels 
as the Secretary determines appropriate after making the study 
prescribed in paragraph (4) of this subsection.''
    Subsec. (b)(2). Pub. L. 104-193, Sec. 706(c), substituted ``3 meals, 
or 2 meals and 1 supplement,'' for ``four meals'' in first sentence and 
struck out at end ``The meals that camps and migrant programs may serve 
shall include a breakfast, a lunch, a supper, and meal supplements.''
    Subsec. (c)(2). Pub. L. 104-193, Sec. 706(d)(3), (4), struck out ``, 
and such higher education institutions,'' before ``shall be eligible to 
participate'' and substituted ``on showing residence in areas in which 
poor economic conditions exist or on the basis of income eligibility 
statements for children enrolled in the program'' for ``without 
application''.
    Pub. L. 104-193, Sec. 706(d)(1), (2), designated subpar. (B) as par. 
(2) and struck out subpars. (A), relating to eligibility of institutions 
operating National Youth Sports Program for meal and supplement 
reimbursements, and (C) to (E), relating to reimbursement rates, 
nutritional requirements and meal patterns, and issuance of regulations, 
respectively.
    Subsec. (e)(1). Pub. L. 104-193, Sec. 706(e), substituted ``each 
service institution. The State'' for ``each service institution: 
Provided, That (A) the State'', inserted ``(excluding a school)'' after 
``program payment to any service institution'', and substituted 
``responsibilities. No advance program payment'' for ``responsibilities, 
and (B) no advance program payment''.
    Subsec. (f). Pub. L. 104-193, Sec. 706(f)(5), redesignated pars. (4) 
to (7) as (3) to (6), respectively.
    Pub. L. 104-193, Sec. 706(f)(1)-(4), redesignated first to seventh 
sentences as pars. (1) to (7), respectively, struck out par. (3), 
substituted ``paragraph (1)'' for ``the first sentence'' in par. (4), 
and substituted ``conformance with standards set by local health 
authorities'' for ``that bacteria levels conform to the standards which 
are applied by the local health authority for that locality with respect 
to the levels of bacteria that may be present in meals served by other 
establishments in that locality'' in par. (6)(B). Prior to repeal, par. 
(3) read as follows: ``The Secretary shall provide additional technical 
assistance to those service institutions and private nonprofit 
organizations that are having difficulty maintaining compliance with the 
requirements.''
    Subsec. (f)(7). Pub. L. 104-193, Sec. 706(g), added par. (7).
    Subsec. (m). Pub. L. 104-193, Sec. 706(h), substituted ``be 
available at any reasonable time for inspection and audit'' for ``at all 
times be available for inspection and audit'' in second sentence.
    Subsec. (n)(2). Pub. L. 104-193, Sec. 706(j)(1), as amended by Pub. 
L. 105-336, Sec. 105(e)(1), struck out ``, including the State's methods 
for assessing need'' after ``needy children''.
    Pub. L. 104-193, Sec. 706(i), struck out ``, and its plans and 
schedule for informing service institutions of the availability of the 
program'' before semicolon.
    Subsec. (n)(3). Pub. L. 104-193, Sec. 706(j)(2), (4), redesignated 
par. (4) as (3) and struck out former par. (3) which read as follows: 
``the State's best estimate of the number and character of service 
institutions and sites to be approved, and of meals to be served and 
children to participate for the fiscal year, and a description of the 
estimating methods used;''.
    Subsec. (n)(4). Pub. L. 104-193, Sec. 706(j)(4), redesignated par. 
(5) as (4). Former par. (4) redesignated (3).
    Pub. L. 104-193, Sec. 706(j)(3), struck out ``and schedule'' after 
``State's plans''.
    Subsec. (n)(5) to (7). Pub. L. 104-193, Sec. 706(j)(4), redesignated 
pars. (6) and (7) as (5) and (6), respectively. Former par. (5) 
redesignated (4).
    Subsec. (p). Pub. L. 104-193, Sec. 706(l), redesignated subsec. (q) 
as (p) and struck out former subsec. (p) which read as follows: ``During 
the fiscal years 1990 and 1991, the Secretary and the States shall carry 
out a program to disseminate to potentially eligible private nonprofit 
organizations information concerning the amendments made by the Child 
Nutrition and WIC Reauthorization Act of 1989 regarding the eligibility 
under subsection (a)(7) of this section of private nonprofit 
organizations for the program established under this section.''
    Subsec. (q). Pub. L. 104-193, Sec. 706(l)(2), redesignated subsec. 
(r) as (q). Former subsec. (q) redesignated (p).
    Subsec. (q)(2). Pub. L. 104-193, Sec. 706(k)(1), (3), redesignated 
par. (3) as (2) and struck out former par. (2) which read as follows: 
``The Secretary shall require each State to establish and implement an 
ongoing training and technical assistance program for private nonprofit 
organizations that provides information on program requirements, 
procedures, and accountability. The Secretary shall provide assistance 
to State agencies regarding the development of such training and 
technical assistance programs.''
    Subsec. (q)(3). Pub. L. 104-193, Sec. 706(k)(3), redesignated par. 
(3) as (2).
    Pub. L. 104-193, Sec. 706(k)(2), substituted ``paragraph (1)'' for 
``paragraphs (1) and (2) of this subsection''.
    Subsec. (q)(4). Pub. L. 104-193, Sec. 706(k)(1), struck out par. (4) 
which read as follows: ``For the purposes of this subsection, the term 
`private nonprofit organization' has the meaning given such term in 
subsection (a)(7)(B) of this section.''
    Subsec. (r). Pub. L. 104-193, Sec. 706(l)(2), redesignated subsec. 
(r) as (q).
    1994--Subsec. (a)(4)(A) to (F). Pub. L. 103-448, Sec. 114(a), added 
subpars. (A) to (D) and struck out former subpars. (A) to (F) which read 
as follows:
    ``(A) local schools or service institutions that have demonstrated 
successful program performance in a prior year;
    ``(B) service institutions that prepare meals at their own 
facilities or operate only one site;
    ``(C) service institutions that use local school food facilities for 
the preparation of meals;
    ``(D) other service institutions that have demonstrated ability for 
successful program operation;
    ``(E) service institutions that plan to integrate the program with 
Federal, State, or local employment programs; and
    ``(F) private nonprofit organizations eligible under paragraph 
(7).''
    Subsec. (a)(7)(C). Pub. L. 103-448, Sec. 114(b), struck out subpar. 
(C) which read as follows:
    ``(C)(i) Except as provided in clause (ii), no private nonprofit 
organization (other than organizations eligible under paragraph (1)) may 
participate in the program in an area where a school food authority or a 
local, municipal, or county government participated in the program 
before such organization applied to participate until the expiration of 
the 1-year period beginning on the date that such school food authority 
or local, municipal, or county government terminated its participation 
in the program.
    ``(ii) Clause (i) shall not apply if the appropriate State agency or 
regional office of the Department of Agriculture (whichever administers 
the program in the area concerned), after consultation with the school 
food authority or local, municipal, or county government concerned, 
determines that such school food authority or local, municipal, or 
county government would have discontinued its participation in the 
program regardless of whether a private nonprofit organization was 
available to participate in the program in such area.''
    Subsec. (c)(1). Pub. L. 103-448, Sec. 114(c), inserted before period 
at end ``or that provide meal service at non-school sites to children 
who are not in school for a period during the months of October through 
April due to a natural disaster, building repair, court order, or 
similar cause''.
    Subsec. (f). Pub. L. 103-448, Sec. 105(b), inserted after first 
sentence ``The Secretary shall provide technical assistance to service 
institutions and private nonprofit organizations participating in the 
program to assist the institutions and organizations in complying with 
the nutritional requirements prescribed by the Secretary pursuant to 
this subsection. The Secretary shall provide additional technical 
assistance to those service institutions and private nonprofit 
organizations that are having difficulty maintaining compliance with the 
requirements.'' and substituted ``Meals described in the first sentence 
shall be served'' for ``Such meals shall be served''.
    Subsec. (l)(3). Pub. L. 103-448, Sec. 114(d), substituted ``that 
have been seriously deficient in their participation in the program and 
may maintain a record of other registered food service management 
companies,'' for ``and their program record''.
    Subsec. (n)(5). Pub. L. 103-448, Sec. 114(e)(1), (2), redesignated 
cl. (7) as (5) and struck out former cl. (5) which read as follows: 
``the State's schedule for application by service institutions;''.
    Subsec. (n)(6). Pub. L. 103-448, Sec. 114(e)(1)-(3), redesignated 
cl. (9) as (6), inserted ``and'' at end, and struck out former cl. (6) 
which read as follows: ``the actions to be taken to maximize the use of 
meals prepared by service institutions and the use of school food 
service facilities;''.
    Subsec. (n)(7). Pub. L. 103-448, Sec. 114(e)(2), redesignated cl. 
(11) as (7). Former cl. (7) redesignated (5).
    Subsec. (n)(8). Pub. L. 103-448, Sec. 114(e)(1), struck out cl. (8) 
which read as follows: ``the State's plan and schedule for registering 
food service management companies;''.
    Subsec. (n)(9). Pub. L. 103-448, Sec. 114(e)(2), redesignated cl. 
(9) as (6).
    Subsec. (n)(10). Pub. L. 103-448, Sec. 114(e)(1), struck out cl. 
(10) which read as follows: ``the State's plan for determining the 
amounts of program payments to service institutions and for disbursing 
such payments;''.
    Subsec. (n)(11). Pub. L. 103-448, Sec. 114(e)(2), redesignated cl. 
(11) as (7).
    Subsec. (n)(12). Pub. L. 103-448, Sec. 114(e)(4), struck out cl. 
(12) which read as follows: ``the State's procedure for granting a 
hearing and prompt determination to any service institution wishing to 
appeal a State ruling denying the service institution's application for 
program participation or for program reimbursement.''
    Subsec. (q)(2). Pub. L. 103-448, Sec. 114(f)(1), (2), redesignated 
par. (3) as (2) and struck out former par. (2) which read as follows: 
``Application forms or other printed materials provided by the Secretary 
or the States to persons who intend to apply to participate as private 
nonprofit organizations shall contain a warning in bold lettering 
explaining, at a minimum--
        ``(A) the criminal provisions and penalties established by 
    subsection (o) of this section; and
        ``(B) the procedures for termination of participation in the 
    program as established by regulations.''
    Subsec. (q)(3). Pub. L. 103-448, Sec. 114(f)(2), (3), redesignated 
par. (4) as (3) and substituted ``paragraphs (1) and (2)'' for 
``paragraphs (1) and (3)''. Former par. (3) redesignated (2).
    Subsec. (q)(4), (5). Pub. L. 103-448, Sec. 114(f)(2), redesignated 
pars. (4) and (5) as (3) and (4), respectively.
    Subsec. (r). Pub. L. 103-448, Sec. 114(g), substituted ``1998'' for 
``1994''.
    1989--Subsec. (a)(3)(C). Pub. L. 101-147, Sec. 102(a)(1)(A), amended 
subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: 
``either conduct a regularly scheduled food service for children from 
areas in which poor economic conditions exist or qualify as camps; 
and''.
    Subsec. (a)(4)(F). Pub. L. 101-147, Sec. 102(a)(1)(B), added subpar. 
(F).
    Subsec. (a)(7)(A). Pub. L. 101-147, Sec. 102(a)(1)(C)(i), amended 
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 
``Not later than May 1, 1989, the Secretary shall institute Statewide 
demonstration projects in five States in which private nonprofit 
organizations, as defined in subparagraph (B) (other than organizations 
already eligible under subsection (a)(1) of this section), shall be 
eligible for the program under the same terms and conditions as other 
service institutions.''
    Subsec. (a)(7)(B)(i). Pub. L. 101-147, Sec. 102(a)(1)(C)(ii)(I), 
amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: 
``serve no more than 2,500 children per day and operate at not more than 
5 sites;''.
    Subsec. (a)(7)(B)(ii). Pub. L. 101-147, Sec. 102(a)(1)(C)(ii)(II), 
inserted ``or a school participating in the school lunch program under 
this chapter'' after ``university)''.
    Subsec. (a)(7)(B)(v). Pub. L. 101-147, Sec. 102(a)(1)(C)(ii)(III), 
inserted ``or families'' after ``children''.
    Subsec. (a)(7)(C). Pub. L. 101-147, Sec. 102(a)(1)(C)(iii), added 
subpar. (C).
    Subsec. (c). Pub. L. 101-147, Sec. 102(a)(2), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (d). Pub. L. 101-147, Sec. 307(1), substituted ``July 1 of 
each year'' for ``July 1, of each year''.
    Subsec. (f). Pub. L. 101-147, Sec. 307(2), substituted ``prescribe'' 
for ``prescribed'' before ``model meal specifications''.
    Subsec. (g). Pub. L. 101-147, Sec. 307(3), struck out ``: Provided, 
That for fiscal year 1978, those portions of the regulations relating to 
payment rates for both food service operations and administrative costs 
need not be published until December 1 and February 1, respectively'' 
after ``February 1 of each fiscal year''.
    Subsec. (h). Pub. L. 101-147, Sec. 307(4), made technical amendments 
to references to sections 612c, 1431, and 1446a-1 of title 7 involving 
underlying provisions of original act and requiring no change in text.
    Subsec. (l)(1). Pub. L. 101-147, Sec. 102(a)(3), inserted ``(other 
than private nonprofit organizations eligible under subsection (a)(7) of 
this section)'' after ``Service institutions''.
    Subsec. (p). Pub. L. 101-147, Sec. 102(a)(4), (5), added subsec. (p) 
and redesignated former subsec. (p) as (r).
    Subsec. (q). Pub. L. 101-147, Sec. 102(a)(5), added subsec. (q).
    Subsec. (r). Pub. L. 101-147, Sec. 102(a)(6), substituted ``For the 
fiscal year beginning October 1, 1977, and each succeeding fiscal year 
ending before October 1, 1994,'' for ``For the fiscal years beginning 
October 1, 1979, and ending September 30, 1989,''.
    Pub. L. 101-147, Sec. 102(a)(4), redesignated former subsec. (p) as 
(r).
    1988--Subsec. (a)(1)(B). Pub. L. 100-435, Sec. 213(a), inserted 
reference to public or private nonprofit higher education institutions 
participating in National Youth Sports Program.
    Subsec. (a)(7). Pub. L. 100-435, Sec. 213(b), added par. (7).
    1986--Subsec. (p). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-
661, amended subsec. (p) identically, substituting ``1989'' for 
``1984''.
    1981--Subsec. (a). Pub. L. 97-35, Sec. 809, in par. (1)(B) 
substituted ``public or private nonprofit school food authorities, 
local, municipal, or county governments,'' for ``nonresidential public 
or private nonprofit institutions'' and in par. (1)(C) substituted 
``50'' for ``33\1/3\'', and added par. (6).
    Subsec. (i). Pub. L. 97-35, Sec. 817(b), struck out subsec. (i) 
which related to administration of program by Secretary in event of 
nonadministration by State.
    1980--Subsec. (b)(2). Pub. L. 96-499, Sec. 206(1), restricted 
service institutions to serving only two meals per day unless such 
institutions were a camp or an institution serving meals primarily to 
migrant children.
    Subsec. (p). Pub. L. 96-499, Sec. 206(2), substituted ``September 
30, 1984'' for ``September 30, 1980''.
    1978--Subsec. (a)(1)(D)(ii). Pub. L. 95-627, Sec. 10(d)(2), inserted 
``or nonprofit private'' after ``in a public''.
    Subsec. (b)(1). Pub. L. 95-627, Sec. 5(d), inserted ``for All Urban 
Consumers'' after ``Consumer Price Index''.
    Subsec. (k)(1). Pub. L. 95-627, Sec. 7(b), substituted ``$100,000'' 
for ``$50,000'' in cl. (B), ``$250,000'' for ``$100,000'' in cl. (C), 
and ``2\1/2\ percent'' for ``2 percent'' in cl. (D).
    1977--Subsec. (a). Pub. L. 95-166, in revising subsec. (a), among 
other changes: reenacted par. (1); inserted cl. (A) definition of 
``program''; reenacted as cl. (B) definition of ``service 
institutions'', inserting development of ``school vacation'' programs; 
reenacted as cl. (C) definition of ``areas in which poor economic 
conditions exist'' definition of ``poor economic conditions'' of former 
par. (3), substituting ``as determined by information'' for ``as shown 
by information'' and ``served to children attending public and nonprofit 
private schools located in the area of program food service sites, or 
from other appropriate sources, including statements of eligibility 
based upon income for children enrolled in the program'' for ``served to 
children attending schools located in the area of summer food sites, or 
from other applicable sources'' and striking out reference to 
information provided from model city target areas; inserted cl. (D) 
definition of ``children''; reenacted as cl. (E) definition of ``State'' 
last sentence of former par. (3), extending term to include the Northern 
Mariana Islands; enacted par. (2), which incorporated part of former 
par. (1) which had read ``To the maximum extent feasible, consistent 
with the purposes of this section, special summer programs shall utilize 
the existing food service facilities of public and nonprofit private 
schools.''; enacted par. (3), which incorporated part of former par. (2) 
which had read ``Service institutions eligible to participate under the 
program authorized under this section shall be limited to those which 
conduct a regularly scheduled program for children from areas in which 
poor economic conditions exist, for any period during the months of May 
through September, at site locations where organized recreation 
activities or food services are provided for children in attendance.''; 
and added pars. (4) and (5).
    Subsec. (b)(1). Pub. L. 95-166 incorporated existing provisions in 
part in text designated par. (1); substituted ``Payments'' for 
``Disbursements'' increased payments for cost of lunch and supper, 
breakfast, and each meal supplement to 85.75 from 75.5, to 47.75 from 
42, and to 22.50 from 19.75 cents respectively; substituted provision 
for adjustment of rates each January 1 based on the Consumer Price Index 
for twelve-month period ending November 30 for prior such provision for 
adjustment each March 1 based on the Index for year ending January 31; 
exclude from cost of food service operations administrative costs; and 
authorized adjustments, as appropriate, in the maximum reimbursement 
levels.
    Subsec. (b)(2). Pub. L. 95-166 added par. (2) which incorporated in 
part existing provision which formerly stated that no institution shall 
be prohibited from serving breakfasts, suppers, and meal supplements as 
well as lunches unless the service period of different meals coincides 
or overlaps.
    Subsec. (b)(3). Pub. L. 95-166 added par. (3) which supersedes part 
of existing provisions prescribing administrative costs of lunch and 
supper, breakfast, and meal supplement not to exceed 6, 3, and 1.5 cents 
respectively.
    Subsec. (b)(4). Pub. L. 95-166 added par. (4).
    Subsec. (c). Pub. L. 95-166 substituted ``Payments'' for 
``Disbursements'' and ``except in the case of service institutions that 
operate food service programs for children on school vacation at any 
time under a continuous school calendar'' for ``except that the 
foregoing provision shall not apply to institutions which develop food 
service programs for children on school vacation at any time under a 
continuous school calendar or prevent such institutions, if otherwise 
eligible, from participating in the program authorized by this 
section''.
    Subsec. (d). Pub. L. 95-166, in revising text, substituted provision 
for advance program payment to States through letters of credit 
forwarded no later than April 15, May 15, and July 1, of each year for 
prior provision for forwarding advance payments no later than June 1, 
July 1, and August 1 of each year; inserted computation of payment 
amount provision; struck out prior provision for an amount no less than 
(1) the total payment made to the State for meals served for the 
calendar month of the preceding calendar year or (2) 65 per centum of 
the amount estimated by the State, on the basis of approved 
applications, to be needed to reimburse service institutions for meals 
to be served in the month, whichever is the greater, now covered in 
subsec. (e)(2) of this section; substituted provision for forwarding 
payments to States operating a program in months other than May through 
September by the first day of the month prior to the month in which the 
program is conducted for prior provision for receipt of advance payments 
not later than the first day of each month involved where institutions 
operate programs during nonsummer vacations during a continuous school 
year calendar; reenacted provision for payments within sixty days of 
receipt of valid claims; and struck out provision declaring that any 
funds advanced to a State for which valid claims have not been 
established within 180 days shall be deducted from the next appropriate 
monthly advance payment unless the claimant requests a hearing with the 
Secretary prior to the 180th day, covered in subsec. (e)(2) of this 
section.
    Subsec. (e). Pub. L. 95-166 added subsec. (e) which in incorporating 
in part provisions of former subsec. (d), substituted in par. (1) July 
15 and August 15 for July 1 and August 1 and reenacted provision for 
payment not later than the first day of each month of operation where 
service institutions operate under a continuous school calendar, and in 
par. (2) substituted provision for computation of amount which is the 
greatest of the amount described in cls. (A), (B), and (C) for prior 
provision for such computation which is the greater of (1) the total 
payment made to the State for meals served for the calendar month of the 
preceding calendar year (covered in cl. (A)) or (2) 65 per centum of the 
amount estimated by the State, on the basis of approved applications, to 
be needed to reimburse service institutions for meals to be served in 
the month (covered in cl. (C)). Former subsec. (e) redesignated (f).
    Subsec. (f). Pub. L. 95-166 redesignated former subsec. (e) as (f), 
substituted in first sentence ``receiving funds'' for ``to which funds 
are disbursed'', and inserted provisions respecting: charging ineligible 
children for meals served in camps, model specifications and standards 
for quality assurance, meal preparation contract requirements, and 
inspection and testing. Former subsec. (f) redesignated (g).
    Subsec. (g). Pub. L. 95-166 redesignated former subsec. (f) as (g), 
required publication of proposed regulations by November 1, instead of 
January 1, final regulations by January 1, instead of March 1, and 
guidelines, applications, and handbooks by February 1, instead of March 
1, of each fiscal year, inserted proviso, substituted provision for 
payment of startup costs limited to 20 percent of administrative funds 
provided for in the administrative budget for prior limitation to 10 per 
centum of Federal funds provided the service institutions for meals 
served under this section during the preceding summer, and substituted 
provision for subtraction of startup costs from amounts otherwise 
payable for administrative costs made to the service institutions for 
prior provision for such reduction from payments made for meals served 
under subsec. (b) of this section. Former subsec. (g) redesignated (h).
    Subsec. (h). Pub. L. 95-166 redesignated former subsec. (g) as (h), 
struck out ``participating'' before ``service institution'' and ``, 
either nationally or in the institution area, or foods donated by the 
Secretary'' after ``abundance'', and substituted provision for donation 
of available or purchased food to States, for distribution to service 
institutions that can use commodities efficiently and effectively, as 
determined by the Secretary for prior provision for donation by the 
Secretary of available or purchased foods, irrespective of amount of 
appropriated funds, to service institutions in accordance with the needs 
as determined by authorities of these institutions for utilization in 
their feeding program. Former subsec. (h) redesignated (i).
    Subsec. (i). Pub. L. 95-166 redesignated former subsec. (h) as (i), 
authorized Secretary's administration of the program when the State is 
unable for any reason to disburse the funds otherwise payable or does 
not operate the program as required by this section, prior provision 
only requiring direct disbursements when the State educational agency 
was not permitted by law or was otherwise unable to disburse the funds, 
and required State notification of the Secretary of its intention not to 
administer the program. Former subsec. (i) redesignated (j).
    Subsec. (j). Pub. L. 95-166 redesignated former subsec. (i) as (j). 
Former subsec. (j) redesignated (p).
    Subsec. (k). Pub. L. 95-166 added subsec. (k) and struck out former 
subsec. (k) which required Secretary to pay administrative costs of each 
State in an amount equal to 2 per centum of funds distributed to the 
State and prescribing minimum sum of $10,000 each fiscal year, except 
where distribution of funds to the State totals less than $50,000 for 
the fiscal year.
    Subsec. (l). Pub. L. 95-166 added subsec. (l) and struck out former 
subsec. (l) which provided that nothing in this section should be 
construed to preclude a service institution from contracting on a 
competitive basis for the furnishing of meals or administration of the 
program, or both.
    Subsec. (m). Pub. L. 95-166 struck out ``, State educational 
agencies,'' after ``States''.
    Subsecs. (n), (o). Pub. L. 95-166 added subsecs. (n) and (o).
    Subsec. (p). Pub. L. 95-166 redesignated former subsec. (j) as (p) 
and made authorization applicable to fiscal years beginning Oct. 1, 
1977, and ending Sept. 30, 1980.
    1975--Subsec. (a). Pub. L. 94-105 substituted provisions authorizing 
to be appropriated sums for a summer food services program through Sept. 
30, 1977, for provisions authorizing to be appropriated sums for a 
summer food services program through Sept. 30, 1975.
    Subsec. (a)(1). Pub. L. 94-20, Sec. 1(a), inserted ``and for the 
period July 1, 1975, through September 30, 1975,'' before ``to enable''.
    Subsec. (b). Pub. L. 94-105 substituted provisions for payment to 
service institutions of the full cost of obtaining, preparing and 
serving food and administrative costs, with maximum rates for each kind 
of meal and its related administrative cost and adjustment of the rates 
each March 1 on the basis of changes in the series for food away from 
home of the Consumer Price Index for provisions apportioning among the 
states the appropriated sums, with a maximum basic grant of $50,000, and 
reserving 2 per centum of the appropriated sums for apportionment to 
Guam, Puerto Rico, the Virgin Islands, American Samoa, and the Trust 
Territory of the Pacific Islands.
    Subsec. (c). Pub. L. 94-105 substituted provisions for disbursement 
to service institutions only for meals served during May through Sept. 
except for institutions with programs for children on school vacation at 
any time under a continuous school calendar for provisions for the 
disbursement of funds by the State educational agency to service 
institutions on a nondiscriminatory basis for the cost of obtaining 
agricultural commodities and other foods, purchase and rental of 
equipment and authorizing financial assistance not to exceed 3 per 
centum of the operating costs in cases of severe need.
    Subsec. (d). Pub. L. 94-105 substituted provisions relating to the 
advance payment to States for meals served in that month and deductions 
in the next month for advances for which valid claims have not been 
established within 180 days for provisions for the disbursement of funds 
directly to service institutions in states where the State educational 
agency is forbidden by law to disburse funds to such institutions.
    Subsec. (e). Pub. L. 94-105 substituted provisions for free meals 
consisting of a combination of foods and meeting minimum nutritional 
standards for provisions making available for the first three months of 
the next fiscal year any funds unobligated at the end of the prior 
fiscal year.
    Subsec. (f). Pub. L. 94-105 substituted provisions directing the 
Secretary to publish proposed and final regulations, guidelines, and 
handbooks and authorizing startup costs for meals served during the 
preceding summer for provisions for free or reduced cost meals with 
minimum nutritional standards and prohibiting segregation, 
discrimination or overt identification practices with regard to any 
child because of his inability to pay.
    Subsec. (g). Pub. L. 94-105 substituted provisions directing the 
utilization of foods donated or designated as in abundance by the 
Secretary and directing the donation of food available under section 
1431, 612c and 1446a-1 of title 7 irrespective of the amount of funds 
appropriated under this section for provisions directing further 
apportionment among the States if any State cannot utilize all funds 
apportioned to it or additional funds are made available.
    Subsec. (h). Pub. L. 94-105 substituted provisions authorizing the 
Secretary to disburse funds directly to service institutions in States 
where the educational agency is not permitted by law or is otherwise 
unable to disburse the funds for provisions requiring certification by 
the Secretary to the Secretary of the Treasury of amounts to be paid, 
directing the utilization of donated foods or foods designated as 
abundant, permitting donation of food available under sections 1431, 
612c or 1446a-1 of title 7 irrespective of funds appropriated, mandating 
that value of assistance to children under this section not be 
considered income, that expenditures of State and local funds not be 
diminished as a result of federal funding, authorizing appropriations 
for administrative expenses and requiring States and State educational 
agencies and service institutions to keep and make available for 
inspection such accounts and records as may be necessary.
    Subsec. (i). Pub. L. 94-105 substituted provision that the amount of 
State and local funds spent for food programs not be diminished as a 
result of funds received under this program for provisions authorizing 
the Secretary of Agriculture to utilize during May 15 to Sept. 15, 1972 
not to exceed $25,000 of funds available under section 612c of Title 7 
to carry out the purposes of this chapter, such funds to be reimbursed 
out of any supplemental appropriation.
    Subsec. (j). Pub. L. 94-105 substituted provision authorizing to be 
appropriated such sums as may be necessary for the Secretary's 
administrative expenses, for provisions adjusting the reimbursement rate 
for meals served during May through Sept. 1975 to the nearest quarter 
cent to reflect changes since the period of May through Sept. 1974 in 
the cost of operating special summer food programs.
    Pub. L. 94-20, Sec. 1(b), added subsec. (j).
    Subsec. (k). Pub. L. 94-105 substituted provisions directing the 
Secretary to pay each State for administrative costs an amount equal to 
2 per centum of funds distributed under subsec. (b), with no State to 
receive less than $10,000 unless funds distributed to such State total 
less than $50,000 for provisions directing the Secretary to issue 
regulations no later than ten days following May 2, 1975 pertaining to 
operations of the program during the months of May through Sept. 1975, 
with proviso that such regulations shall in no way differ from current 
regulations except for changes necessary to implement this chapter.
    Pub. L. 94-20, Sec. 1(b), added subsec. (k).
    Subsecs. (l), (m). Pub. L. 94-105 added subsecs. (l) and (m).
    1972--Subsec. (a)(1). Pub. L. 92-433, Sec. 2(a), substituted 
authorization of appropriation of such sums as are necessary for each of 
the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, 
for provisions authorizing appropriation of $32,000,000 for each of the 
fiscal years ending June 30, 1972 and June 30, 1973.
    Subsec. (a)(2). Pub. L. 92-433, Sec. 2(b), inserted provisions 
authorizing special summer programs to utilize existing food service 
facilities of public and nonprofit private schools to the maximum extent 
feasible.
    Subsec. (i). Pub. L. 92-433, Sec. 1, added subsec. (i).
    1971--Subsec. (a)(1). Pub. L. 92-32, Sec. 7(a), authorized 
appropriations of $32,000,000 for fiscal years ending June 30, 1972, and 
1973, as were authorized for fiscal years ending June 30, 1969, 1970, 
and 1971, and substituted in first sentence ``program'' for ``pilot 
program''.
    Subsec. (c)(2). Pub. L. 92-32, Sec. 7(b), provided that non-Federal 
contributions may be in cash or kind, fairly evaluated, including but 
not limited to equipment and services.
    1970--Subsec. (f). Pub. L. 91-248 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 and provided that there be no overt 
identification of those children who receive free and reduced price 
meals.


                    Effective Date of 1998 Amendment

    Pub. L. 105-336, title I, Sec. 105(e)(2), Oct. 31, 1998, 112 Stat. 
3149, provided that: ``The amendment made by paragraph (1) [amending 
this section] takes effect on January 1, 1997.''
    Pub. L. 105-336, title I, Sec. 107(j)(4), Oct. 31, 1998, 112 Stat. 
3153, provided that: ``The amendments made by paragraphs (1) and (2) 
[amending this section and sections 1766 and 1769f of this title and 
repealing section 1766b of this title] take effect on July 1, 1999.''
    Amendment by sections 105(a)-(d) and 107(j)(3)(B) of 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

    Section 706(m) of Pub. L. 104-193 provided that: ``The amendments 
made by subsection (b) [amending this section] shall become effective on 
January 1, 1997.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-448 effective Oct. 1, 1994, see section 401 
of Pub. L. 103-448, set out as a note under section 1755 of this title.


                    Effective Date of 1989 Amendment

    Section 102(b)(2)(A) of Pub. L. 101-147 provided that: 
``Subparagraphs (A), (B), (C), and (D)(i) of section 13(c)(2) of the 
[Richard B. Russell] National School Lunch Act [subpars. (A), (B), (C), 
(D)(i) of subsec. (c)(2) of this section] (as added by subsection 
(a)(2)(B) of this section) shall be effective as of October 1, 1989.''
    Section 102(b)(3) of Pub. L. 101-147 provided that: ``The amendments 
made by subsection (a)(6) [amending this section] shall be effective as 
of October 1, 1989.''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-435 to be effective and implemented on Oct. 
1, 1988, see section 701(a) of Pub. L. 100-435, set out as a note under 
section 2012 of Title 7, Agriculture.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 
820(a)(4) of Pub. L. 97-35, set out as a note under section 1753 of this 
title.


                    Effective Date of 1978 Amendment

    Amendment by section 5(d) of Pub. L. 95-627 effective July 1, 1979, 
and amendment by sections 7(b) and 10(d)(2) of 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 1975 Amendment

    Section 13 of Pub. L. 94-105 provided that the amendment made by 
that section is effective Oct. 1, 1975.


                               Regulations

    Section 102(b)(1) of Pub. L. 101-147 provided that: ``Not later than 
February 1, 1990, the Secretary of Agriculture shall issue regulations 
to implement the amendments made by paragraphs (1), (3), (4), and (5) of 
subsection (a) [amending this section]. Notwithstanding the provisions 
of section 553 of title 5, United States Code, the Secretary of 
Agriculture may issue such regulations without providing notice or an 
opportunity for public comment.''
    Section 102(b)(2)(B) of Pub. L. 101-147 provided that: ``Not later 
than February 1, 1990, the Secretary of Agriculture shall--
        ``(i) issue final regulations to implement subparagraph (D)(ii) 
    of section 13(c)(2) of the [Richard B. Russell] National School 
    Lunch Act [subpar. (D)(ii) of subsec. (c)(2) of this section] (as 
    added by subsection (a)(2)(B) of this section); and
        ``(ii) issue final regulations under subparagraph (E) of such 
    section.''


    All-Day Educational and Recreational Activities; Sources of Funds

    Section 114(h) of Pub. L. 103-448 directed Secretary of Agriculture, 
not later than 180 days after Nov. 2, 1994, in consultation with heads 
of other Federal agencies, to identify sources of Federal funds that 
might be available from other Federal agencies for service institutions 
under the summer food service program for children established under 
this section to carry out all-day educational and recreational 
activities for children at feeding sites under the program, and notify 
the service institutions of the sources.

                  Section Referred to in Other Sections

    This section is referred to in sections 1752, 1755, 1758, 1760, 
1769f, 1776, 1788 of this title.
