
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: 42USC1773]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 13A--CHILD NUTRITION
 
Sec. 1773. School breakfast program


(a) Establishment; authorization of appropriations

    There is hereby authorized to be appropriated such sums as are 
necessary to enable the Secretary to carry out a program to assist the 
States and the Department of Defense through grants-in-aid and other 
means to initiate, maintain, or expand nonprofit breakfast programs in 
all schools which make application for assistance and agree to carry out 
a nonprofit breakfast program in accordance with this chapter. 
Appropriations and expenditures for this chapter shall be considered 
Health and Human Services functions for budget purposes rather than 
functions of Agriculture.

(b) Breakfast assistance payments to State educational agencies; 
        calculation; national average payments for breakfasts, free 
        breakfasts and reduced price breakfasts; maximum price for 
        reduced cost breakfasts; minimum daily nutrition requirements 
        criteria; additional payments for severe need schools; maximum 
        severe need payments

    (1)(A)(i) The Secretary shall make breakfast assistance payments to 
each State educational agency each fiscal year, at such times as the 
Secretary may determine, from the sums appropriated for such purpose, in 
an amount equal to the product obtained by multiplying--
        (I) the number of breakfasts served during such fiscal year to 
    children in schools in such States which participate in the school 
    breakfast program under agreements with such State educational 
    agency; by
        (II) the national average breakfast payment for free breakfasts, 
    for reduced price breakfasts, or for breakfasts served to children 
    not eligible for free or reduced price meals, as appropriate, as 
    prescribed in clause (B) of this paragraph.

    (ii) The agreements described in clause (i)(I) shall be permanent 
agreements that may be amended as necessary. Nothing in the preceding 
sentence shall be construed to limit the ability of the State 
educational agency to suspend or terminate any such agreement in 
accordance with regulations prescribed by the Secretary.
    (B) The national average payment for each free breakfast shall be 57 
cents (as adjusted pursuant to section 1759a(a) of this title). The 
national average payment for each reduced price breakfast shall be one-
half of the national average payment for each free breakfast, except 
that in no case shall the difference between the amount of the national 
average payment for a free breakfast and the national average payment 
for a reduced price breakfast exceed 30 cents. The national average 
payment for each breakfast served to a child not eligible for free or 
reduced price meals shall be 8.25 cents (as adjusted pursuant to section 
1759a(a) of this title).
    (C) No school which receives breakfast assistance payments under 
this section may charge a price of more than 30 cents for a reduced 
price breakfast.
    (D) No breakfast assistance payment may be made under this 
subsection for any breakfast served by a school unless such breakfast 
consists of a combination of foods which meet the minimum nutritional 
requirements prescribed by the Secretary under subsection (e) of this 
section.
    (E) Free and reduced price policy statement.--After the initial 
submission, a school food authority shall not be required to submit a 
free and reduced price policy statement to a State educational agency 
under this chapter unless there is a substantive change in the free and 
reduced price policy of the school food authority. A routine change in 
the policy of a school food authority, such as an annual adjustment of 
the income eligibility guidelines for free and reduced price meals, 
shall not be sufficient cause for requiring the school food authority to 
submit a policy statement.
    (2)(A) The Secretary shall make additional payments for breakfasts 
served to children qualifying for a free or reduced price meal at 
schools that are in severe need.
    (B) The maximum payment for each such free breakfast shall be the 
higher of--
        (i) the national average payment established by the Secretary 
    for free breakfasts plus 10 cents, or
        (ii) 45 cents (as adjusted pursuant to section 1759a(a)(3)(B) of 
    this title).

    (C) The maximum payment for each such reduced price breakfast shall 
be thirty cents less than the maximum payment for each free breakfast as 
determined under clause (B) of this paragraph.
    (3) The Secretary shall increase by 6 cents the annually adjusted 
payment for each breakfast served under this chapter and section 1766 of 
this title. These funds shall be used to assist States, to the extent 
feasible, in improving the nutritional quality of the breakfasts.
    (4) Notwithstanding any other provision of law, whenever stocks of 
agricultural commodities are acquired by the Secretary or the Commodity 
Credit Corporation and are not likely to be sold by the Secretary or the 
Commodity Credit Corporation or otherwise used in programs of commodity 
sale or distribution, the Secretary shall make such commodities 
available to school food authorities and eligible institutions serving 
breakfasts under this chapter in a quantity equal in value to not less 
than 3 cents for each breakfast served under this chapter and section 
1766 of this title.
    (5) Expenditures of funds from State and local sources for the 
maintenance of the breakfast program shall not be diminished as a result 
of funds or commodities received under paragraph (3) or (4).

(c) Disbursement of apportioned funds by State; preference for schools 
        in poor economic areas, for students traveling long distances 
        daily, and for schools for improvement of nutrition and dietary 
        practices of children of working mothers and from low-income 
        families

    Funds apportioned and paid to any State for the purpose of this 
section shall be disbursed by the State educational agency to schools 
selected by the State educational agency to assist such schools in 
operating a breakfast program and for the purpose of subsection (d) of 
this section. Disbursement to schools shall be made at such rates per 
meal or on such other basis as the Secretary shall prescribe. In 
selecting schools for participation, the State educational agency shall, 
to the extent practicable, give first consideration to those schools 
drawing attendance from areas in which poor economic conditions exist, 
to those schools in which a substantial proportion of the children 
enrolled must travel long distances daily, and to those schools in which 
there is a special need for improving the nutrition and dietary 
practices of children of working mothers and children from low-income 
families. Breakfast assistance disbursements to schools under this 
section may be made in advance or by way of reimbursement in accordance 
with procedures prescribed by the Secretary.

(d) Severe need assistance; eligibility standards; receipt of lesser of 
        operating costs of breakfast program or meal reimbursement rate

    (1) Each State educational agency shall provide additional 
assistance to schools in severe need, which shall include only--
        (A) those schools in which the service of breakfasts is required 
    pursuant to State law; and
        (B) those schools (having a breakfast program or desiring to 
    initiate a breakfast program) in which, during the most recent 
    second preceding school year for which lunches were served, 40 
    percent or more of the lunches served to students at the school were 
    served free or at a reduced price, and in which the rate per meal 
    established by the Secretary is insufficient to cover the costs of 
    the breakfast program.

The provision of eligibility specified in clause (A) of this paragraph 
shall terminate effective July 1, 1983, for schools in States where the 
State legislatures meet annually and shall terminate effective July 1, 
1984, for schools in States where the State legislatures meet 
biennially.
    (2) A school, upon the submission of appropriate documentation about 
the need circumstances in that school and the school's eligibility for 
additional assistance, shall be entitled to receive 100 percent of the 
operating costs of the breakfast program, including the costs of 
obtaining, preparing, and serving food, or the meal reimbursement rate 
specified in paragraph (2) of subsection (b) of this section, whichever 
is less.

(e) Nutritional requirements; service free or at reduced price; 
        compliance assistance

    (1)(A) Breakfasts served by schools participating in the school 
breakfast program under this section shall consist of a combination of 
foods and shall meet the minimum nutritional requirements prescribed by 
the Secretary on the basis of tested nutritional research, except that 
the minimum nutritional requirements shall be measured by not less than 
the weekly average of the nutrient content of school breakfasts. Such 
breakfasts shall be served free or at a reduced price to children in 
school under the same terms and conditions as are set forth with respect 
to the service of lunches free or at a reduced price in section 1758 of 
this title.
    (B) The Secretary shall provide through State educational agencies 
technical assistance and training, including technical assistance and 
training in the preparation of foods high in complex carbohydrates and 
lower-fat versions of foods commonly used in the school breakfast 
program established under this section, to schools participating in the 
school breakfast program to assist the schools in complying with the 
nutritional requirements prescribed by the Secretary pursuant to 
subparagraph (A) and in providing appropriate meals to children with 
medically certified special dietary needs.
    (2) At the option of a local school food authority, a student in a 
school under the authority that participates in the school breakfast 
program under this chapter may be allowed to refuse not more than one 
item of a breakfast that the student does not intend to consume. A 
refusal of an offered food item shall not affect the full charge to the 
student for a breakfast meeting the requirements of this section or the 
amount of payments made under this chapter to a school for the 
breakfast.

(Pub. L. 89-642, Sec. 4, Oct. 11, 1966, 80 Stat. 886; Pub. L. 90-302, 
Sec. 5, May 8, 1968, 82 Stat. 119; Pub. L. 91-248, Secs. 6(d), 10, May 
14, 1970, 84 Stat. 210, 214; Pub. L. 92-32, Secs. 2-5, June 30, 1971, 85 
Stat. 85; Pub. L. 92-433, Sec. 3, Sept. 26, 1972, 86 Stat. 724; Pub. L. 
93-150, Sec. 4, Nov. 7, 1973, 87 Stat. 562; Pub. L. 94-105, Secs. 2, 3, 
15(b), 17(a), Oct. 7, 1975, 89 Stat. 511, 522, 525; Pub. L. 95-166, 
Sec. 12, Nov. 10, 1977, 91 Stat. 1337; Pub. L. 95-561, title XIV, 
Sec. 1408(b)(1), Nov. 1, 1978, 92 Stat. 2368; Pub. L. 95-627, Sec. 6(c), 
Nov. 10, 1978, 92 Stat. 3620; Pub. L. 97-35, title VIII, Secs. 801(c), 
817(d), 819(b), Aug. 13, 1981, 95 Stat. 522, 532, 533; Pub. L. 99-500, 
title III, Secs. 330(a), 331, 372(b)(1), Oct. 18, 1986, 100 Stat. 1783-
363, 1783-369, and Pub. L. 99-591, title III, Secs. 330(a), 331, 
372(b)(1), Oct. 30, 1986, 100 Stat. 3341-366, 3341-372; Pub. L. 99-661, 
div. D, title II, Secs. 4210(a), 4211, title V, Sec. 4502(b)(1), Nov. 
14, 1986, 100 Stat. 4074, 4080; Pub. L. 100-435, title II, Sec. 210, 
Sept. 19, 1988, 102 Stat. 1657; Pub. L. 101-147, title I, Sec. 121, 
title II, Sec. 212(a)(1), (2)(A), (b), title III, Sec. 322, Nov. 10, 
1989, 103 Stat. 891, 912, 916; Pub. L. 103-448, title II, Sec. 201, Nov. 
2, 1994, 108 Stat. 4734; Pub. L. 104-193, title VII, Secs. 722-
723(b)(1), Aug. 22, 1996, 110 Stat. 2301, 2302; Pub. L. 105-336, title 
I, Sec. 103(b)(2), title II, Sec. 201, Oct. 31, 1998, 112 Stat. 3146, 
3158; Pub. L. 106-78, title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 
Stat. 1170.)

                          Codification

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


                               Amendments

    1999--Subsecs. (b), (e)(1)(A). Pub. L. 106-78 made technical 
amendment to references in original act which appear in text as 
references to sections 1758, 1759a, and 1766 of this title.
    1998--Subsec. (a). Pub. L. 105-336, Sec. 201, struck out ``and to 
carry out the provisions of subsection (g) of this section'' before 
period at end of first sentence.
    Subsec. (b)(1)(B). Pub. L. 105-336, Sec. 103(b)(2)(A), struck out 
``adjusted to the nearest one-fourth cent,'' after ``payment for each 
free breakfast,'' in second sentence.
    Subsec. (b)(2)(B)(ii). Pub. L. 105-336, Sec. 103(b)(2)(B), 
substituted ``(as adjusted pursuant to section 1759a(a)(3)(B) of this 
title).'' for ``, which shall be adjusted on an annual basis each July 1 
to the nearest one-fourth cent in accordance with changes in the series 
for food away from home of the Consumer Price Index published by the 
Bureau of Labor Statistics of the Department of Labor for the most 
recent twelve-month period for which such data are available, except 
that the initial such adjustment shall be made on January 1, 1978, and 
shall reflect the change in the series of food away from home during the 
period November 1, 1976, to October 31, 1977.''
    1996--Subsec. (b)(1)(E). Pub. L. 104-193, Sec. 722, added subpar. 
(E).
    Subsec. (e)(1)(B). Pub. L. 104-193, Sec. 723(a), struck out at end 
``The Secretary shall provide through State educational agencies 
additional technical assistance to schools that are having difficulty 
maintaining compliance with the requirements.''
    Subsecs. (f), (g). Pub. L. 104-193, Sec. 723(b)(1), struck out 
subsec. (f) relating to expansion of program and subsec. (g) relating to 
startup and expansion costs.
    1994--Subsec. (e)(1). Pub. L. 103-448, Sec. 201(a), (b), designated 
existing provisions as subpar. (A), inserted ``, except that the minimum 
nutritional requirements shall be measured by not less than the weekly 
average of the nutrient content of school breakfasts'' before period at 
end, and added subpar. (B).
    Subsec. (f)(1). Pub. L. 103-448, Sec. 201(c), designated existing 
provisions as subpar. (A) and added subpars. (B) and (C).
    Subsec. (g). Pub. L. 103-448, Sec. 201(d), amended heading and text 
of subsec. (g) generally. Prior to amendment, text required the 
Secretary to pay State educational agencies to assist eligible schools 
in initiating a school breakfast program, set forth a plan by which 
certain State educational agencies competing for startup cost payments 
were to be given preference, provided that breakfast program maintenance 
funds were not to be diminished by these payments, defined ``eligible 
school'', and directed Secretary to report to Congress.
    1989--Subsec. (a). Pub. L. 101-147, Sec. 121(1), inserted before 
period at end of first sentence ``and to carry out the provisions of 
subsection (g) of this section''.
    Subsec. (b). Pub. L. 101-147, Sec. 322(1), substituted ``reduced 
price'' for ``reduced-price'' wherever appearing.
    Subsec. (b)(1)(A). Pub. L. 101-147, Sec. 212(b), designated existing 
provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. 
(I) and (II), respectively, of cl. (i), and added cl. (ii).
    Subsec. (b)(3). Pub. L. 101-147, Sec. 322(2), made technical 
amendment to reference to section 1766 of this title involving 
underlying provisions of original act and requiring no change in text.
    Subsec. (b)(3) to (5). Pub. L. 101-147, Sec. 212(a)(1), (2)(A), 
amended subsec. (b)(3) to (5), as amended identically by Pub. L. 99-591, 
Sec. 330(a), and Pub. L. 99-661, Sec. 4210(a), and as further amended by 
Pub. L. 100-435, Sec. 210, to read as if only the amendment by Pub. L. 
99-661 was enacted, and further amended subsec. (b)(3) identically to 
the amendment that was made by Pub. L. 100-435, resulting in no change 
in text, see 1986 and 1988 Amendment notes below.
    Subsec. (d)(1)(B). Pub. L. 101-147, Sec. 322(1), substituted 
``reduced price'' for ``reduced-price''.
    Subsec. (f). Pub. L. 101-147, Sec. 121(2), inserted ``Expansion of 
program'' as heading, designated existing provisions as par. (1), struck 
out at end ``Within 4 months after October 7, 1975, the Secretary shall 
report to the committees of jurisdiction in the Congress his plans and 
those of the cooperating State agencies to bring about the needed 
expansion in the school breakfast program.'', and added par. (2).
    Subsec. (g). Pub. L. 101-147, Sec. 121(3), added subsec. (g).
    1988--Subsec. (b)(3). Pub. L. 100-435 substituted ``6'' for ``3''.
    1986--Subsec. (a). Pub. L. 99-500 and Pub. L. 99-591, 
Sec. 372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended subsec. (a) 
identically, substituting ``Health and Human Services'' for ``Health, 
Education, and Welfare''.
    Subsec. (b)(3) to (5). Pub. L. 99-500 and Pub. L. 99-591, 
Sec. 330(a), and Pub. L. 99-661, Sec. 4210(a), amended subsec. (b) 
identically, adding pars. (3) to (5).
    Subsec. (e). Pub. L. 99-500 and Pub. L. 99-591, Sec. 331, and Pub. 
L. 99-661, Sec. 4211, amended subsec. (e) identically, designating 
existing provisions as par. (1) and adding par. (2).
    1981--Subsec. (b). Pub. L. 97-35, Sec. 801(c)(1), (2), in par. (1) 
substituted provisions respecting calculation, amount, limitations, 
etc., for breakfast assistance payments to State educational agencies 
for provisions respecting apportionment, calculation, etc., for payments 
beginning with fiscal year ending June 30, 1973, and in par. (2) 
substituted provisions respecting annual adjustments, for provisions 
respecting semiannual adjustments and substituted ``thirty'' for 
``five''.
    Subsec. (c). Pub. L. 97-35, Sec. 819(b), struck out ``financing the 
costs of'' after ``such schools in''.
    Subsec. (d). Pub. L. 97-35, Sec. 801(c)(3)(A), substituted 
provisions limiting additional assistance requirements to schools in 
severe need for provisions setting forth requirements for eligibility 
standards for providing additional assistance to schools in severe need.
    Subsec. (f). Pub. L. 97-35, Sec. 817(d), redesignated former subsec. 
(g) as (f). Former subsec. (f), which related to nonprofit private 
schools, was struck out.
    Subsec. (g). Pub. L. 97-35, Sec. 817(d), redesignated former subsec. 
(g) as (f).
    1978--Subsec. (a). Pub. L. 95-561 inserted provision relating to 
applicability to programs of the Department of Defense.
    Subsec. (d). Pub. L. 95-627 specified which schools could be 
considered to be in severe need.
    1977--Subsec. (b)(1). Pub. L. 95-166, Sec. 12(1), (2), designated 
existing provisions as par. (1) and struck out provision for payment of 
up to 45 cents for breakfasts served to children qualifying for a free 
breakfast in cases of severe need, which is now covered in par. (2).
    Subsec. (b)(2). Pub. L. 95-166, Sec. 12(3), added par. (2).
    Subsec. (d). Pub. L. 95-166, Sec. 12(4), substituted requirement 
that the Secretary establish eligibility standards for providing 
additional assistance to schools in severe need for prior requirement 
that the State educational agency require applicant schools to provide 
justification of the need for such assistance; required the eligibility 
standards to be submitted to the Secretary for approval and to be 
included in the State plan of child nutrition operations and submission 
of appropriate documentation about the need circumstances in the school 
and the school's eligibility for additional assistance; and authorized 
payment of the lesser of 100 percent of the operating costs or the meal 
reimbursement rate, previously limited to the 100 percent payment.
    1975--Subsec. (a). Pub. L. 94-105, Sec. 2, struck out ``for the 
fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975,'' 
after ``such sums as are necessary''.
    Subsec. (b). Pub. L. 94-105, Sec. 15(b), substituted ``American 
Samoa, and the Trust Territory of the Pacific Islands'' for ``and 
American Samoa'' wherever appearing in cl. (1) of first sentence.
    Subsec. (f). Pub. L. 94-105, Sec. 17(a), substituted ``directly to 
the schools (as defined in section 1784(c) of this title which are 
private and nonprofit as defined in the last sentence of section 1784(c) 
of this title)'' for ``directly to the nonprofit private schools''.
    Subsec. (g). Pub. L. 94-105, Sec. 3, added subsec. (g).
    1973--Subsec. (b). Pub. L. 93-150, Sec. 4(c), prescribed a minimum 
payment of 8 cents as the national average payment for all breakfasts 
served to eligible children, inserted provision for minimum payment of 
15 cents for each reduced-price breakfast and for minimum payment of 20 
cents for each free breakfast, and authorized, in cases of severe need, 
a payment of up to 45 cents for each breakfast served to children 
qualifying for a free breakfast.
    Subsec. (c). Pub. L. 93-150, Sec. 4(a), (b), substituted in first 
sentence ``State educational agency to assist such schools in financing 
the costs of operating a breakfast program'' for ``State educational 
agency, to assist such schools in financing the cost of obtaining 
agricultural and other foods for consumption by needy children in a 
breakfast program'' and struck out second sentence which provided that 
``Such food costs may include, in addition to the purchase price, the 
cost of processing, distributing, transporting, storing, and 
handling.'', respectively.
    1972--Subsec. (a). Pub. L. 92-433, Sec. 3(a), substituted 
authorization of appropriation of such sums as are necessary for fiscal 
years ending June 30, 1973, June 30, 1974, and June 30, 1975, for 
provisions authorizing appropriation of amounts not exceeding 
$25,000,000 for fiscal years 1972 and 1973 and made amounts available to 
schools making applications for assistance and agreeing to carry out a 
nonprofit breakfast program in accordance with this chapter.
    Subsec. (b). Pub. L. 92-433, Sec. 3(b), made existing apportionment 
formula applicable to fiscal year ending June 30, 1973 and added new 
formula for fiscal years beginning with fiscal year ending June 30, 
1974.
    Subsec. (c). Pub. L. 92-433, Sec. 3(c), inserted provision that 
breakfast assistance disbursements to schools may be made in advance or 
by way of reimbursement in accordance with procedure prescribed by the 
Secretary.
    Subsec. (e). Pub. L. 92-433, Sec. 3(d), substituted provisions that 
breakfasts be served free or at reduced cost under same terms and 
conditions as set forth in section 1758 of this title for provisions 
relating to determination by local school authorities of the inability 
of children to pay full cost, criteria for such determination, income 
poverty guidelines, affidavit of household's annual income, eligibility 
of nonprofit private schools for funds, and prohibition of 
discrimination on account of inability to pay.
    Subsec. (f). Pub. L. 92-433, Sec. 3(e), substituted provisions that 
for fiscal year ending June 30, 1973, withholding and disbursement to 
nonprofit private schools will be effected as before and that commencing 
with the next fiscal year, the Secretary would directly make payments to 
the nonprofit private schools participating in the breakfast program 
under agreement with the Secretary for provisions that such withholding 
and disbursement be effected in accordance with section 1759 of this 
title with some exceptions.
    1971--Subsec. (a). Pub. L. 92-32, Sec. 2, authorized appropriations 
of 25 million dollars for fiscal years 1972, and 1973, and struck out 
provision for appropriation of 6.5, 10, and 25 million dollars for 
fiscal years, 1969, 1970, and 1971, respectively.
    Subsec. (c). Pub. L. 92-32, Sec. 3, substituted ``assist such 
schools in financing the cost'' for ``reimburse such schools for the 
cost'' and provided for preference of schools for improvement of 
nutrition and dietary practices of children of working mothers and from 
low-income families.
    Subsec. (d). Pub. L. 92-32, Sec. 4, increased financial assistance 
from ``80'' to ``100'' per centum.
    Subsec. (e). Pub. L. 92-32, Sec. 5, substituted provisions relating 
to criteria for determination of eligible children, income poverty 
guidelines, priority of neediest children, affidavit of household's 
annual income, and certification of availability of funds for nonprofit 
private schools, for former provision for determination of eligible 
children on basis of consultations of local school authorities with 
public welfare and health agencies.
    1970--Subsec. (a). Pub. L. 91-248, Sec. 10, substituted 
``$25,000,000'' for ``$12,000,000''.
    Subsec. (e). Pub. L. 91-248, Sec. 6(d), provided that there be no 
overt identification of those children who receive free and reduced 
price meals.
    1968--Subsec. (a). Pub. L. 90-302 provided authorization to 
appropriate $6,500,000 for fiscal year 1969, not to exceed $10,000,000 
for fiscal year 1970, and not to exceed $12,000,000 for fiscal year 
1971, struck out references to authorization for fiscal years 1967 and 
1968 and to pilot programs conducted on a nonpartisan basis, and added 
provision that appropriations and expenditures for this chapter be 
considered Health, Education, and Welfare functions for budget purposes 
rather than functions of Agriculture.


                    Effective Date of 1998 Amendment

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


                    Effective Date of 1996 Amendment

    Section 723(b)(2) of Pub. L. 104-193 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall become effective on 
October 1, 1996.''


                    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 212(a)(2)(B) of Pub. L. 101-147 provided that: ``The 
amendments made by subparagraph (A) [amending this section] shall take 
effect as if such amendments had been effective on July 1, 1989.''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-435 to be effective and implemented on July 
1, 1989, see section 701(b)(4) of Pub. L. 100-435, set out as a note 
under section 2012 of Title 7, Agriculture.


                    Effective Date of 1986 Amendments

    Section 4210(a) of Pub. L. 99-661 provided that the amendment made 
by that section is effective Oct. 1, 1986.
    Section 330(a) of Pub. L. 99-500 and Pub. L. 99-591 provided that 
the amendment made by that section is effective July 1, 1987.


                    Effective Date of 1981 Amendment

    Amendment by section 801(c) of Pub. L. 97-35 effective Sept. 1, 
1981, and amendment by sections 817 and 819 of Pub. L. 97-35 effective 
Oct. 1, 1981, see section 820(1)(A), (4) of Pub. L. 97-35, set out as a 
note under section 1753 of this title.


                    Effective Date of 1978 Amendments

    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.
    Amendment by Pub. L. 95-561 effective Oct. 1, 1978, and no provision 
therein to be construed as impairing or preventing the taking effect of 
any other Act providing for the transfer of functions described therein 
to an executive department having responsibility for education, see 
section 1415 of Pub. L. 95-561, set out as an Effective Date note under 
section 921 of Title 20, Education.

                          Transfer of Functions

    For transfer to Secretary of Education of functions of Secretary of 
Defense and Department of Defense relating to operation of overseas 
schools for dependents of Department of Defense and under Defense 
Dependents' Education Act of 1978, 20 U.S.C. 921 et seq., see section 
3442(a) of Title 20, Education.


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

    For provisions directing Secretary of Agriculture to consolidate 
school breakfast program under this section and school lunch program 
under chapter 13 (Sec. 1751 et seq.) of this title into comprehensive 
meal program, see section 301 of Pub. L. 103-448, set out as a note 
under section 1751 of this title.


    Adjustments in Maximum Breakfast Payments for Fiscal Year Ending 
                           September 30, 1981

    Pub. L. 96-499, title II, Sec. 210, Dec. 5, 1980, 94 Stat. 2602, 
provided that: ``Notwithstanding section 4(b)(2)(B)(ii) of the Child 
Nutrition Act of 1966 [subsec. (b)(2)(B)(ii) of this section], in 
determining the maximum payment for free breakfasts under such section 
for the fiscal year ending September 30, 1981--
        ``(1) no adjustment under such section shall be made on January 
    1 of such fiscal year; and
        ``(2) the adjustment under such section required to be made on 
    July 1 of such fiscal year shall be computed to the nearest one-
    fourth cent based on changes, measured over the preceding twelve-
    month period for which data are available, in the series for food 
    away from home of the Consumer Price Index for All Urban Consumers, 
    published by the Bureau of Labor Statistics, Department of Labor.''


                             Alternate Foods

    Section 6(d) of Pub. L. 95-627 provided that: ``The Secretary shall 
not limit or prohibit, during the school year 1978-79, the use of 
formulated grain-fruit products currently approved for use in the school 
breakfast program. The Secretary shall consult experts in child 
nutrition, industry representatives, and school food service personnel 
and school administrators (including personnel and administrators in 
school systems using such products) with respect to the continued use of 
formulated grain-fruit products in the school breakfast program, and 
shall also take into account the findings and recommendations in the 
report on this subject of the General Accounting Office. The Secretary 
shall not promulgate a final rule disapproving the use of such products 
in the school breakfast program beyond the 1978-79 school year until the 
Secretary has notified the appropriate committees of Congress, and such 
rule shall not take effect until sixty days after such notification.''


 Report to Congress of Needs for Additional Funds for School Breakfast 
    and Nonfood Assistance Programs, Fiscal Year Ending June 30, 1972

    Pub. L. 92-153, Sec. 3, Nov. 5, 1971, 85 Stat. 420, provided that 
the Secretary of Agriculture determine immediately upon enactment of 
this resolution (Nov. 5, 1971) and report to Congress the needs for 
additional funds to carry out the school breakfast and nonfood 
assistance programs during the fiscal year ending June 30, 1972, at 
levels permitting expansion of the school breakfast and school lunch 
programs to all schools desiring such programs as rapidly as 
practicable.


Transfer of Funds to Schools in Need of Additional Assistance in School 
                            Breakfast Program

    Pub. L. 92-153, Sec. 7, Nov. 5, 1971, 85 Stat. 420, provided that: 
``In addition to any other authority given to the Secretary he is hereby 
authorized to transfer funds from section 32 of the Act of August 24, 
1935 [section 612c of Title 7, Agriculture], for the purpose of 
assisting schools which demonstrate a need for additional funds in the 
school breakfast program.''


 Direct Distribution Programs for Diet of Needy Children Suffering From 
             General and Continued Hunger; Additional Funds

    Additional funds for direct distribution programs for diet of needy 
children suffering from general and continued hunger and payment of 
administrative costs of State or local welfare agency carrying out such 
programs, see section 6 of Pub. L. 92-32, set out as a note under 
section 612c of Title 7, Agriculture.

                  Section Referred to in Other Sections

    This section is referred to in sections 1755, 1758, 1759a, 1760, 
1766, 1769b-1, 1769f, 1769h, 1775, 1776, 1777, 1780 of this title; title 
8 section 1615.
