
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1785]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 13A--CHILD NUTRITION
 
Sec. 1785. Accounts and records; availability for inspection; 
        authority to settle, adjust, or waive claims
        
    (a) States, State educational agencies, schools, and nonprofit 
institutions participating in programs under this chapter shall keep 
such accounts and records as may be necessary to enable the Secretary to 
determine whether there has been compliance with this chapter and the 
regulations 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 three years, as the Secretary determines is necessary.
    (b) With regard to any claim arising under this chapter or under the 
Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.], 
the Secretary shall have the authority to determine the amount of, to 
settle and to adjust any such claim, and to compromise or deny such 
claim or any part thereof. The Secretary shall also have the authority 
to waive such claims if the Secretary determines that to do so would 
serve the purposes of either this chapter or the Richard B. Russell 
National School Lunch Act. Nothing contained in this subsection shall be 
construed to diminish the authority of the Attorney General of the 
United States under section 516 of title 28 to conduct litigation on 
behalf of the United States.

(Pub. L. 89-642, Sec. 16, Oct. 11, 1966, 80 Stat. 890; Pub. L. 97-35, 
title VIII, Sec. 816, Aug. 13, 1981, 95 Stat. 531; Pub. L. 104-193, 
title VII, Sec. 728, Aug. 22, 1996, 110 Stat. 2302; Pub. L. 106-78, 
title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)

                       References in Text

    The Richard B. Russell National School Lunch Act, referred to in 
subsec. (b), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, 
which is classified generally to chapter 13 (Sec. 1751 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 1751 of this title and Tables.


                               Amendments

    1999--Subsec. (b). Pub. L. 106-78 substituted ``Richard B. Russell 
National School Lunch Act'' for ``National School Lunch Act'' in two 
places.
    1996--Subsec. (a). Pub. L. 104-193 substituted ``be available at any 
reasonable time'' for ``at all times be available''.
    1981--Pub. L. 97-35 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section 
820(a)(7)(C), of Pub. L. 97-35, set out as a note under section 1753 of 
this title.


                  Study of Cost Accounting Requirements

    Secretary prohibited from delaying or withholding or causing any 
State to delay or withhold payments for reimbursement of per meal costs 
on the basis of noncompliance with full cost accounting procedure unless 
and until the Secretary has studied additional personnel and training 
needs of States, local school districts and schools resulting from 
imposition of requirement to implement full cost accounting procedures, 
see section 21 of Pub. L. 94-105, set out as a note under section 1760 
of this title.
