
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: 42USC1765]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1765. Election to receive cash payments

    (a) Notwithstanding any other provision of law, where a State phased 
out its commodity distribution facilities prior to June 30, 1974, such 
State may, for purposes of the programs authorized by this chapter and 
the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], elect to 
receive cash payments in lieu of donated foods. Where such an election 
is made, the Secretary shall make cash payments to such State in an 
amount equivalent in value to the donated foods that the State would 
otherwise have received if it had retained its commodity distribution 
facilities. The amount of cash payments in the case of lunches shall be 
governed by section 1755(c) of this title.
    (b) When such payments are made, the State educational agency shall 
promptly and equitably disburse any cash it receives in lieu of 
commodities to eligible schools and institutions, and such disbursements 
shall be used by such schools and institutions to purchase United States 
agricultural commodities and other foods for their food service 
programs.

(June 4, 1946, ch. 281, Sec. 16, as added Pub. L. 94-105, Sec. 12, Oct. 
7, 1975, 89 Stat. 515; amended Pub. L. 101-147, title III, Sec. 309, 
Nov. 10, 1989, 103 Stat. 915; Pub. L. 105-336, title I, Sec. 101(b), 
Oct. 31, 1998, 112 Stat. 3144.)

                       References in Text

    The Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. 
L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is classified 
generally to chapter 13A (Sec. 1771 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1771 of this title and Tables.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-336 substituted ``1755(c)'' for 
``1755(e)''.
    1989--Pub. L. 101-147 inserted ``Election to receive cash payments'' 
as section catchline.


                    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.
