
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: 42USC1789]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 13A--CHILD NUTRITION
 
Sec. 1789. Department of Defense overseas dependents' schools


(a) Purpose of program; availability of payments and commodities

    For the purpose of obtaining Federal payments and commodities in 
conjunction with the provision of breakfasts to students attending 
Department of Defense dependents' schools which are located outside the 
United States, its territories or possessions, the Secretary of 
Agriculture shall make available to the Department of Defense, from 
funds appropriated for such purpose, the same payments and commodities 
as are provided to States for schools participating in the school 
breakfast program in the United States.

(b) Administration of program; eligibility determinations and 
        regulations

    The Secretary of Defense shall administer breakfast programs 
authorized by this section and shall determine eligibility for free and 
reduced-price breakfasts under the criteria published by the Secretary 
of Agriculture, except that the Secretary of Defense shall prescribe 
regulations governing computation of income eligibility standards for 
families of students participating in the school breakfast program under 
this section.

(c) Nutritional standards for meals; noncompliance with standards

    The Secretary of Defense shall be required to offer meals meeting 
nutritional standards prescribed by the Secretary of Agriculture; 
however, the Secretary of Defense may authorize deviations from 
Department of Agriculture prescribed meal patterns and fluid milk 
requirements when local conditions preclude strict compliance or when 
such compliance is highly impracticable.

(d) Authorization of appropriations

    Funds are hereby authorized to be appropriated for any fiscal year 
in such amounts as may be necessary for the administrative expenses of 
the Department of Defense under this section.

(e) Technical assistance for administration of program

    The Secretary of Agriculture shall provide the Secretary of Defense 
with technical assistance in the administration of the school breakfast 
programs authorized by this section.

(Pub. L. 89-642, Sec. 20, as added Pub. L. 95-561, title XIV, 
Sec. 1408(b)(2), Nov. 1, 1978, 92 Stat. 2368; amended Pub. L. 99-500, 
title III, Sec. 328(b), Oct. 18, 1986, 100 Stat. 1783-362, and Pub. L. 
99-591, title III, Sec. 328(b), Oct. 30, 1986, 100 Stat. 3341-365; Pub. 
L. 99-661, div. D, title II, Sec. 4208(b), Nov. 14, 1986, 100 Stat. 
4073.)

                          Codification

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


                               Amendments

    1986--Subsec. (d). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-
661 amended subsec. (d) identically, striking out ``and for payment of 
the difference between the value of commodities and payments received 
from the Secretary of Agriculture and (1) the full cost of each 
breakfast for each student eligible for a free breakfast, and (2) the 
full cost of each breakfast, less any amounts required by law or 
regulation to be paid by each student eligible for a reduced-price 
breakfast'' after ``this section''.


                             Effective Date

    Section effective Oct. 1, 1978, and no provisions to be construed to 
impair or to prevent the taking of effect of any other Act providing for 
the transfer of the described functions to an executive department 
having responsibility for education, see section 1415 of Pub. L. 95-561, 
set out as a 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, 42 U.S.C. 921 et seq., see section 
3442(a) of Title 20, Education.

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 2243.
