All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
Prosecution Report
Not Available
1 Prosecution
in Fiscal Year 2014
Conviction Report
Not Available
3 Convictions
in Fiscal Year 2014

CITE

    42 USC Sec. 1760                                            01/08/2008

EXPCITE

    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13 - SCHOOL LUNCH PROGRAMS

HEAD

    Sec. 1760. Miscellaneous provisions

STATUTE

    (a) Accounts and records
      States, State educational agencies, and schools participating in
    the school lunch program under this chapter shall keep such
    accounts and records as may be necessary to enable the Secretary to
    determine whether the provisions of this chapter are being complied
    with. 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 is necessary.
    (b) Agreements with State educational agencies
      The Secretary shall incorporate, in the Secretary's agreements
    with the State educational agencies, the express requirements under
    this chapter with respect to the operation of the school lunch
    program under this chapter insofar as they may be applicable and
    such other provisions as in the Secretary's opinion are reasonably
    necessary or appropriate to effectuate the purposes of this
    chapter.
    (c) Requirements with respect to teaching personnel, curriculum,
      instruction, etc.
      In carrying out the provisions of this chapter, the Secretary
    shall not impose any requirement with respect to teaching
    personnel, curriculum, instruction, methods of instruction, and
    materials of instruction in any school.
    (d) Definitions
      For the purposes of this chapter -
        (1) Child. -
          (A) In general. - The term "child" includes an individual,
        regardless of age, who -
            (i) is determined by a State educational agency, in
          accordance with regulations prescribed by the Secretary, to
          have one or more disabilities; and
            (ii) is attending any institution, as defined in section
          1766(a) of this title, or any nonresidential public or
          nonprofit private school of high school grade or under, for
          the purpose of participating in a school program established
          for individuals with disabilities.
          (B) Relationship to child and adult care food program. - No
        institution that is not otherwise eligible to participate in
        the program under section 1766 of this title shall be
        considered eligible because of this paragraph.
        (2) "Commodity only schools" means schools that do not
      participate in the school lunch program under this chapter, but
      which receive commodities made available by the Secretary for use
      by such schools in nonprofit lunch programs.
        (3) Disability. - The term "disability" has the meaning given
      the term in the Rehabilitation Act of 1973 for purposes of title
      II of that Act (29 U.S.C 760 et seq.).
        (4) Local educational agency. -
          (A) In general. - The term "local educational agency" has the
        meaning given the term in section 7801 of title 20.
          (B) Inclusion. - The term "local educational agency"
        includes, in the case of a private nonprofit school, an
        appropriate entity determined by the Secretary.
        (5) "School" means (A) any public or nonprofit private school
      of high school grade or under, and (B) any public or licensed
      nonprofit private residential child care institution (including,
      but not limited to, orphanages and homes for the mentally
      retarded, but excluding Job Corps Centers funded by the
      Department of Labor). For purposes of this paragraph, the term
      "nonprofit", when applied to any such private school or
      institution, means any such school or institution which is exempt
      from tax under section 501(c)(3) of title 26.
        (6) "School year" means the annual period from July 1 through
      June 30.
        (7) "Secretary" means the Secretary of Agriculture.
        (8) "State" means any of the fifty States, the District of
      Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
      Guam, American Samoa, or the Commonwealth of the Northern Mariana
      Islands.
        (9) "State educational agency" means, as the State legislature
      may determine, (A) the chief State school officer (such as the
      State superintendent of public instruction, commissioner of
      education, or similar officer), or (B) a board of education
      controlling the State department of education.
    (e) Value of assistance as income or resources under Federal or
      State laws
      The value of assistance to children under this chapter shall not
    be considered to be income or resources for any purposes under any
    Federal or State laws, including laws relating to taxation and
    welfare and public assistance programs.
    (f) Adjustment of national average payment rate for Alaska, Hawaii,
      territories and possessions, etc.
      In providing assistance for breakfasts, lunches, suppers, and
    supplements served in Alaska, Hawaii, Guam, American Samoa, Puerto
    Rico, the Virgin Islands of the United States, and the Commonwealth
    of the Northern Mariana Islands, the Secretary may establish
    appropriate adjustments for each such State to the national average
    payment rates prescribed under sections 1753, 1759a, 1761, and 1766
    of this title and section 4 of the Child Nutrition Act of 1966 [42
    U.S.C. 1773], to reflect the differences between the costs of
    providing meals and supplements in those States and the costs of
    providing meals and supplements in all other States.
    (g) Criminal penalties
      Whoever embezzles, willfully misapplies, steals, or obtains by
    fraud any funds, assets, or property that are the subject of a
    grant or other form of assistance under this chapter or the Child
    Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], whether received
    directly or indirectly from the United States Department of
    Agriculture, or whoever receives, conceals, or retains such funds,
    assets, or property to personal use or gain, knowing such funds,
    assets, or property have been embezzled, willfully misapplied,
    stolen, or obtained by fraud shall, if such funds, assets, or
    property are of the value of $100 or more, be fined not more than
    $25,000 or imprisoned not more than five years, or both, or, if
    such funds, assets, or property are of a value of less than $100,
    shall be fined not more than $1,000 or imprisoned for not more than
    one year, or both.
    (h) Combined allocation for breakfast and lunch
      No provision of this chapter or of the Child Nutrition Act of
    1966 [42 U.S.C. 1771 et seq.] shall require any school receiving
    funds under this chapter and the Child Nutrition Act of 1966 to
    account separately for the cost incurred in the school lunch and
    school breakfast programs.
    (i) Use of school lunch facilities for elderly programs
      Facilities, equipment, and personnel provided to a school food
    authority for a program authorized under this chapter or the Child
    Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] may be used, as
    determined by a local educational agency, to support a nonprofit
    nutrition program for the elderly, including a program funded under
    the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.].
    (j) Reimbursement for final claims
      (1) Except as provided in paragraph (2), the Secretary may
    provide reimbursements for final claims for service of meals,
    supplements, and milk submitted to State agencies by eligible
    schools, summer camps, family day care homes, institutions, and
    service institutions only if -
        (A) the claims have been submitted to the State agencies not
      later than 60 days after the last day of the month for which the
      reimbursement is claimed; and
        (B) the final program operations report for the month is
      submitted to the Secretary not later than 90 days after the last
      day of the month.
      (2) The Secretary may waive the requirements of paragraph (1) at
    the discretion of the Secretary.
    (k) Expedited rulemaking
      (1) Not later than June 1, 1995, the Secretary shall issue final
    regulations to conform the nutritional requirements of the school
    lunch and breakfast programs with the guidelines contained in the
    most recent "Dietary Guidelines for Americans" that is published
    under section 5341 of title 7. The final regulations shall include -
        (A) rules permitting the use of food-based menu systems; and
        (B) adjustments to the rule on nutrition objectives for school
      meals published in the Federal Register on June 10, 1994 (59 Fed.
      Reg. 30218).
      (2) No school food service authority shall be required to
    implement final regulations issued pursuant to this subsection
    until the regulations have been final for at least 1 year.
    (l) Waiver of statutory and regulatory requirements
      (1)(A) Except as provided in paragraph (4), the Secretary may
    waive any requirement under this chapter or the Child Nutrition Act
    of 1966 (42 U.S.C. 1771 et seq.), or any regulation issued under
    either this chapter or such Act, for a State or eligible service
    provider that requests a waiver if -
        (i) the Secretary determines that the waiver of the requirement
      would facilitate the ability of the State or eligible service
      provider to carry out the purpose of the program;
        (ii) the State or eligible service provider has provided notice
      and information to the public regarding the proposed waiver; and
        (iii) the State or eligible service provider demonstrates to
      the satisfaction of the Secretary that the waiver will not
      increase the overall cost of the program to the Federal
      Government, and, if the waiver does increase the overall cost to
      the Federal Government, the cost will be paid from non-Federal
      funds.
      (B) The notice and information referred to in subparagraph
    (A)(ii) shall be provided in the same manner in which the State or
    eligible service provider customarily provides similar notices and
    information to the public.
      (2)(A) To request a waiver under paragraph (1), a State or
    eligible service provider (through the appropriate administering
    State agency) shall submit an application to the Secretary that -
        (i) identifies the statutory or regulatory requirements that
      are requested to be waived;
        (ii) in the case of a State requesting a waiver, describes
      actions, if any, that the State has undertaken to remove State
      statutory or regulatory barriers;
        (iii) describes the goal of the waiver to improve services
      under the program and the expected outcomes if the waiver is
      granted; and
        (iv) includes a description of the impediments to the efficient
      operation and administration of the program.
      (B) An application described in subparagraph (A) shall be
    developed by the State or eligible service provider and shall be
    submitted to the Secretary by the State.
      (3) The Secretary shall act promptly on a waiver request
    contained in an application submitted under paragraph (2) and shall
    either grant or deny the request. The Secretary shall state in
    writing the reasons for granting or denying the request.
      (4) The Secretary may not grant a waiver under this subsection
    that increases Federal costs or that relates to -
        (A) the nutritional content of meals served;
        (B) Federal reimbursement rates;
        (C) the provision of free and reduced price meals;
        (D) limits on the price charged for a reduced price meal;
        (E) maintenance of effort;
        (F) equitable participation of children in private schools;
        (G) distribution of funds to State and local school food
      service authorities and service institutions participating in a
      program under this chapter and the Child Nutrition Act of 1966
      (42 U.S.C. 1771 et seq.);
        (H) the disclosure of information relating to students
      receiving free or reduced price meals and other recipients of
      benefits;
        (I) prohibiting the operation of a profit producing program;
        (J) the sale of competitive foods;
        (K) the commodity distribution program under section 1762a of
      this title;
        (L) the special supplemental nutrition program authorized under
      section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
      or
        (M) enforcement of any constitutional or statutory right of an
      individual, including any right under -
          (i) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
        et seq.);
          (ii) section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
        794);
          (iii) title IX of the Education Amendments of 1972 (20 U.S.C.
        1681 et seq.);
          (iv) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
        seq.);
          (v) the Americans with Disabilities Act of 1990 (42 U.S.C.
        12101 et seq.); and
          (vi) the Individuals with Disabilities Education Act (20
        U.S.C. 1400 et seq.).
      (5) The Secretary shall periodically review the performance of
    any State or eligible service provider for which the Secretary has
    granted a waiver under this subsection and shall terminate the
    waiver if the performance of the State or service provider has been
    inadequate to justify a continuation of the waiver. The Secretary
    shall terminate the waiver if, after periodic review, the Secretary
    determines that the waiver has resulted in an increase in the
    overall cost of the program to the Federal Government and the
    increase has not been paid for in accordance with paragraph
    (1)(A)(iii).
      (6) The Secretary shall annually submit to the Committee on
    Education and Labor of the House of Representatives and the
    Committee on Agriculture, Nutrition, and Forestry of the Senate, a
    report -
        (A) summarizing the use of waivers by the State and eligible
      service providers;
        (B) describing whether the waivers resulted in improved
      services to children;
        (C) describing the impact of the waivers on providing
      nutritional meals to participants; and
        (D) describing how the waivers reduced the quantity of
      paperwork necessary to administer the program.
      (7) As used in this subsection, the term "eligible service
    provider" means -
        (A) a local school food service authority;
        (B) a service institution or private nonprofit organization
      described in section 1761 of this title; or
        (C) a family or group day care home sponsoring organization
      described in section 1766 of this title.
    (m) Procurement training
      (1) In general
        Subject to the availability of funds made available under
      paragraph (4), the Secretary shall provide technical assistance
      and training to States, State agencies, schools, and school food
      authorities in the procurement of goods and services for programs
      under this chapter or the Child Nutrition Act of 1966 (42 U.S.C.
      1771 et seq.) (other than section 17 of that Act (42 U.S.C.
      1786)).
      (2) Buy American training
        Activities carried out under paragraph (1) shall include
      technical assistance and training to ensure compliance with
      subsection (n) of this section.
      (3) Procuring safe foods
        Activities carried out under paragraph (1) shall include
      technical assistance and training on procuring safe foods,
      including the use of model specifications for procuring safe
      foods.
      (4) Authorization of appropriations
        There is authorized to be appropriated to carry out this
      subsection $1,000,000 for each of fiscal years 2005 through 2009,
      to remain available until expended.
    (n) Buy American
      (1) Definition of domestic commodity or product
        In this subsection, the term "domestic commodity or product"
      means -
          (A) an agricultural commodity that is produced in the United
        States; and
          (B) a food product that is processed in the United States
        substantially using agricultural commodities that are produced
        in the United States.
      (2) Requirement
        (A) In general
          Subject to subparagraph (B), the Secretary shall require that
        a school food authority purchase, to the maximum extent
        practicable, domestic commodities or products.
        (B) Limitations
          Subparagraph (A) shall apply only to -
            (i) a school food authority located in the contiguous
          United States; and
            (ii) a purchase of a domestic commodity or product for the
          school lunch program under this chapter or the school
          breakfast program under section 4 of the Child Nutrition Act
          of 1966 (42 U.S.C. 1773).
      (3) Applicability to Hawaii
        Paragraph (2)(A) shall apply to a school food authority in
      Hawaii with respect to domestic commodities or products that are
      produced in Hawaii in sufficient quantities to meet the needs of
      meals provided under the school lunch program under this chapter
      or the school breakfast program under section 4 of the Child
      Nutrition Act of 1966 (42 U.S.C. 1773).
      (4) Applicability to Puerto Rico
        Paragraph (2)(A) shall apply to a school food authority in the
      Commonwealth of Puerto Rico with respect to domestic commodities
      or products that are produced in the Commonwealth of Puerto Rico
      in sufficient quantities to meet the needs of meals provided
      under the school lunch program under this chapter or the school
      breakfast program under section 4 of the Child Nutrition Act of
      1966 (42 U.S.C. 1773).
    (o) Procurement contracts
      In acquiring a good or service for programs under this chapter or
    the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other
    than section 17 of that Act (42 U.S.C. 1786)), a State, State
    agency, school, or school food authority may enter into a contract
    with a person that has provided specification information to the
    State, State agency, school, or school food authority for use in
    developing contract specifications for acquiring such good or
    service.

SOURCE

    (June 4, 1946, ch. 281, Sec. 12, formerly Sec. 11, 60 Stat. 233;
    July 12, 1952, ch. 699, Sec. 1(c), 66 Stat. 591; Pub. L. 87-688,
    Sec. 3(a), Sept. 25, 1962, 76 Stat. 587; renumbered Sec. 12 and
    amended Pub. L. 87-823, Sec. 5, Oct. 15, 1962, 76 Stat. 945; Pub.
    L. 91-248, Sec. 1(b), May 14, 1970, 84 Stat. 208; Pub. L. 94-105,
    Sec. 9, Oct. 7, 1975, 89 Stat. 514; Pub. L. 95-166, Secs. 3, 19(c),
    Nov. 10, 1977, 91 Stat. 1332, 1345; Pub. L. 95-627, Secs. 6(a),
    10(a), (b), Nov. 10, 1978, 92 Stat. 3620, 3623; Pub. L. 96-499,
    title II, Sec. 205, Dec. 5, 1980, 94 Stat. 2601; Pub. L. 97-35,
    title VIII, Secs. 808(a), 813(d), 819(c), Aug. 13, 1981, 95 Stat.
    527, 530, 533; Pub. L. 99-500, title III, Secs. 325(a), 326,
    373(a), Oct. 18, 1986, 100 Stat. 1783-361, 1783-369, and Pub. L. 99-
    591, title III, Secs. 325(a), 326, 373(a), Oct. 30, 1986, 100
    Stat. 3341-364, 3341-365, 3341-372; Pub. L. 99-661, div. D, title
    II, Secs. 4205(a), 4206, title V, Sec. 4503(a), Nov. 14, 1986, 100
    Stat. 4072, 4073, 4081; Pub. L. 100-71, title I, Sec. 101(a), July
    11, 1987, 101 Stat. 429; Pub. L. 101-147, title III, Secs. 306,
    312(1), Nov. 10, 1989, 103 Stat. 914, 916; Pub. L. 103-448, title
    I, Secs. 112(a)(1), (b)-(d), 113, Nov. 2, 1994, 108 Stat. 4708-
    4712; Pub. L. 104-193, title VII, Secs. 701(b), 705, Aug. 22,
    1996, 110 Stat. 2288, 2290; Pub. L. 105-336, title I, Secs. 104,
    107(j)(3)(A), Oct. 31, 1998, 112 Stat. 3147, 3153; Pub. L. 106-224,
    title II, Sec. 242(b)(3), June 20, 2000, 114 Stat. 412; Pub. L. 107-
    171, title IV, Sec. 4304, May 13, 2002, 116 Stat. 331; Pub. L. 108-
    265, title I, Secs. 108(b), 114, 115, title II, Sec. 203(i)(2),
    June 30, 2004, 118 Stat. 746, 748, 780.)

REFERENCES IN TEXT

      The Rehabilitation Act of 1973, referred to in subsec. (d)(3), is
    Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is
    classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,
    Labor. Title II of the Act is classified generally to subchapter II
    (Sec. 760 et seq.) of chapter 16 of Title 29. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 701 of Title 29 and Tables.
      The Child Nutrition Act of 1966, referred to in subsecs. (g) to
    (i), (l)(1)(A), (4)(G), (m)(1), and (o), 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.
      The Older Americans Act of 1965, referred to in subsec. (i), is
    Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which is
    classified generally to chapter 35 (Sec. 3001 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 3001 of this title and
    Tables.
      The Civil Rights Act of 1964, referred to in subsec.
    (l)(4)(M)(i), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as
    amended. Title VI of the Act is classified generally to subchapter
    V (Sec. 2000d et seq.) of chapter 21 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2000a of this title and Tables.
      The Education Amendments of 1972, referred to in subsec.
    (l)(4)(M)(iii), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as
    amended. Title IX of the Act, known as the Patsy Takemoto Mink
    Equal Opportunity in Education Act, is classified principally to
    chapter 38 (Sec. 1681 et seq.) of Title 20, Education. For complete
    classification of title IX to the Code, see Short Title note set
    out under section 1681 of Title 20 and Tables.
      The Age Discrimination Act of 1975, referred to in subsec.
    (l)(4)(M)(iv), is title III of Pub. L. 94-135, Nov. 28, 1975, 89
    Stat. 728, as amended, which is classified generally to chapter 76
    (Sec. 6101 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    6101 of this title and Tables.
      The Americans with Disabilities Act of 1990, referred to in
    subsec. (l)(4)(M)(v), is Pub. L. 101-336, July 26, 1990, 104 Stat.
    327, which is classified principally to chapter 126 (Sec. 12101 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 12101 of this
    title and Tables.
      The Individuals with Disabilities Education Act, referred to in
    subsec. (l)(4)(M)(vi), is title VI of Pub. L. 91-230, Apr. 13,
    1970, 84 Stat. 175, as amended, which is classified generally to
    chapter 33 (Sec. 1400 et seq.) of Title 20, Education. For complete
    classification of this Act to the Code, see section 1400 of Title
    20 and Tables.

CODIFICATION

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

AMENDMENTS

      2004 - Subsec. (d)(3) to (9). Pub. L. 108-265, Sec. 108(b),
    redesignated par. (8) as (3), added par. (4), and redesignated
    former pars. (3) to (7) as (5) to (9), respectively.
      Subsec. (m). Pub. L. 108-265, Sec. 115, added subsec. (m).
      Pub. L. 108-265, Sec. 114, struck out subsec. (m), which related
    to grants for food and nutrition projects for each of fiscal years
    1995 through 2003.
      Subsec. (p). Pub. L. 108-265, Sec. 203(i)(2), struck out subsec.
    (p), which authorized grants for carrying out the demonstration
    project under section 1786(r) of this title and directed the
    Secretary to conduct an evaluation of such project and grant
    program.
      2002 - Subsec. (n)(4). Pub. L. 107-171 added par. (4).
      2000 - Subsec. (p). Pub. L. 106-224 added subsec. (p).
      1998 - Subsec. (d)(1)(A)(i), (ii). Pub. L. 105-336, Sec.
    107(j)(3)(A)(i), struck out "mental or physical" before
    "disabilities".
      Subsec. (d)(8). Pub. L. 105-336, Sec. 107(j)(3)(A)(ii), added
    par. (8).
      Subsec. (f). Pub. L. 105-336, Sec. 104(a), substituted
    "breakfasts, lunches, suppers, and supplements" for "school
    breakfasts and lunches", substituted "sections 1753, 1759a, 1761,
    and 1766" for "sections 1753 and 1759a", and substituted "meals and
    supplements" for "lunches and breakfasts" in two places.
      Subsec. (g). Pub. L. 105-336, Sec. 104(b), substituted "$25,000"
    for "$10,000".
      Subsec. (m)(3), (5). Pub. L. 105-336, Sec. 104(c), substituted
    "2003" for "1998".
      Subsec. (n). Pub. L. 105-336, Sec. 104(d), added subsec. (n).
      Subsec. (o). Pub. L. 105-336, Sec. 104(e), added subsec. (o).
      1996 - Subsec. (a). Pub. L. 104-193, Sec. 705(a), substituted "be
    available at any reasonable time" for "at all times be available".
      Subsec. (c). Pub. L. 104-193, Sec. 705(b), substituted "the
    Secretary shall not" for "neither the Secretary nor the State
    shall".
      Subsec. (d)(1). Pub. L. 104-193, Sec. 705(c)(3), redesignated
    par. (9) as (1). Former par. (1) redesignated (6).
      Pub. L. 104-193, Sec. 705(c)(1), substituted "the Commonwealth of
    the Northern Mariana Islands" for "the Trust Territory of the
    Pacific Islands".
      Subsec. (d)(2). Pub. L. 104-193, Sec. 705(c)(3), redesignated
    par. (7) as (2). Former par. (2) redesignated (7).
      Subsec. (d)(3). Pub. L. 104-193, Sec. 705(c)(2), (3),
    redesignated par. (5) as (3) and struck out former par. (3) which
    read as follows: " 'Participation rate' for a State means a number
    equal to the number of lunches, consisting of a combination of
    foods and meeting the minimum requirements prescribed by the
    Secretary pursuant to section 1758 of this title, served in the
    fiscal year beginning two years immediately prior to the fiscal
    year for which the Federal funds are appropriated by schools
    participating in the program under this chapter in the State, as
    determined by the Secretary."
      Subsec. (d)(4). Pub. L. 104-193, Sec. 705(c)(2), (3),
    redesignated par. (6) as (4) and struck out former par. (4) which
    read as follows: " 'Assistance need rate' (A) in the case of any
    State having an average annual per capita income equal to or
    greater than the average annual per capita income for all the
    States, shall be 5; and (B) in the case of any State having an
    average annual per capita income less than the average annual per
    capita income for all the States, shall be the product of 5 and the
    quotient obtained by dividing the average annual per capita income
    for all the States by the average annual per capita income for such
    State, except that such product may not exceed 9 for any such
    State. For the purposes of this paragraph (i) the average annual
    per capita income for any State and for all the States shall be
    determined by the Secretary on the basis of the average annual per
    capita income for each State and for all the States for the three
    most recent years for which such data are available and certified
    to the Secretary by the Department of Commerce; and (ii) the
    average annual per capita income for American Samoa shall be
    disregarded in determining the average annual per capita income for
    all the States for periods ending before July 1, 1967."
      Subsec. (d)(5). Pub. L. 104-193, Sec. 705(c)(3), redesignated
    par. (8) as (5). Former par. (5) redesignated (3).
      Subsec. (d)(6), (7). Pub. L. 104-193, Sec. 705(c)(3),
    redesignated pars. (1) and (2) as (6) and (7), respectively. Former
    pars. (6) and (7) redesignated (4) and (2), respectively.
      Subsec. (d)(8). Pub. L. 104-193, Sec. 705(c)(3), redesignated
    par. (8) as (5).
      Subsec. (d)(9). Pub. L. 104-193, Sec. 705(c)(3), redesignated
    par. (9) as (1).
      Pub. L. 104-193, Sec. 701(b), added par. (9).
      Subsec. (f). Pub. L. 104-193, Sec. 705(d), struck out "the Trust
    Territory of the Pacific Islands," after "the Virgin Islands of the
    United States,".
      Subsec. (k)(1). Pub. L. 104-193, Sec. 705(e)(3), substituted
    "with the guidelines contained in the most recent 'Dietary
    Guidelines for Americans' that is published under section 5341 of
    title 7" for "with the Guidelines" in introductory provisions.
      Pub. L. 104-193, Sec. 705(e)(1), (2), redesignated par. (3) as
    (1) and struck out former par. (1) which read as follows: "Prior to
    the publication of final regulations that implement changes that
    are intended to bring the meal pattern requirements of the school
    lunch and breakfast programs into conformance with the guidelines
    contained in the most recent 'Dietary Guidelines for Americans'
    that is published under section 5341 of title 7 (referred to in
    this subsection as the 'Guidelines'), the Secretary shall issue
    proposed regulations permitting the use of food-based menu
    systems."
      Subsec. (k)(2). Pub. L. 104-193, Sec. 705(e)(1), (2),
    redesignated par. (4) as (2) and struck out former par. (2) which
    read as follows: "Notwithstanding chapter 5 of title 5, not later
    than 45 days after the publication of the proposed regulations
    permitting the use of food-based menu systems, the Secretary shall
    publish notice in the Federal Register of, and hold, a public
    meeting with -
        "(A) representatives of affected parties, such as Federal,
      State, and local administrators, school food service
      administrators, other school food service personnel, parents, and
      teachers; and
        "(B) organizations representing affected parties, such as
      public interest antihunger organizations, doctors specializing in
      pediatric nutrition, health and consumer groups, commodity
      groups, food manufacturers and vendors, and nutritionists
      involved with the implementation and operation of programs under
      this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771
      et seq.);
    to discuss and obtain public comments on the proposed rule."
      Subsec. (k)(3), (4). Pub. L. 104-193, Sec. 705(e)(2),
    redesignated pars. (3) and (4) as (1) and (2), respectively.
      Subsec. (k)(5). Pub. L. 104-193, Sec. 705(e)(1), struck out par.
    (5) which read as follows: "The final regulations shall reflect
    comments made at each phase of the proposed rulemaking process,
    including the public meeting required under paragraph (2)."
      Subsec. (l)(2)(A)(iii) to (vii). Pub. L. 104-193, Sec. 705(f)(1),
    struck out "and" at end of cl. (iii), substituted period for
    semicolon at end of cl. (iv), and struck out cls. (v) to (vii)
    which read as follows:
      "(v) describes the management goals to be achieved, such as fewer
    hours devoted to, or fewer number of personnel involved in, the
    administration of the program;
      "(vi) provides a timetable for implementing the waiver; and
      "(vii) describes the process the State or eligible service
    provider will use to monitor the progress in implementing the
    waiver, including the process for monitoring the cost implications
    of the waiver to the Federal Government."
      Subsec. (l)(3). Pub. L. 104-193, Sec. 705(f)(2), designated
    subpar. (A) as par. (3) and struck out subpars. (B) to (D) which
    read as follows:
      "(B) If the Secretary grants a waiver request, the Secretary
    shall state in writing the expected outcome of granting the waiver.
      "(C) The result of the decision of the Secretary shall be
    disseminated by the State or eligible service provider through
    normal means of communication.
      "(D)(i) Except as provided in clause (ii), a waiver granted by
    the Secretary under this subsection shall be for a period not to
    exceed 3 years.
      "(ii) The Secretary may extend the period if the Secretary
    determines that the waiver has been effective in enabling the State
    or eligible service provider to carry out the purposes of the
    program."
      Subsec. (l)(4). Pub. L. 104-193, Sec. 705(f)(3)(A), substituted
    "that increases Federal costs or that relates to" for "of any
    requirement relating to" in introductory provisions.
      Subsec. (l)(4)(D) to (K). Pub. L. 104-193, Sec. 705(f)(3)(B),
    (C), redesignated subpars. (E) to (L) as (D) to (K), respectively,
    and struck out former subpar. (D) which read as follows: "offer
    versus serve provisions;".
      Subsec. (l)(4)(L). Pub. L. 104-193, Sec. 705(f)(3)(D),
    substituted "or" for "and" at end.
      Pub. L. 104-193, Sec. 705(f)(3)(C), redesignated subpar. (M) as
    (L). Former subpar. (L) redesignated (K).
      Subsec. (l)(4)(M), (N). Pub. L. 104-193, Sec. 705(f)(3)(C),
    redesignated subpar. (N) as (M). Former subpar. (M) redesignated
    (L).
      Subsec. (l)(6). Pub. L. 104-193, Sec. 705(f)(4), struck out
    subpar. (A) and designation of subpar. (B) and redesignated cls.
    (i) to (iv) of former subpar. (B) as subpars. (A) to (D). Prior to
    amendment, subpar. (A) read as follows:
      "(A)(i) An eligible service provider that receives a waiver under
    this subsection shall annually submit to the State a report that -
        "(I) describes the use of the waiver by the eligible service
      provider; and
        "(II) evaluates how the waiver contributed to improved services
      to children served by the program for which the waiver was
      requested.
      "(ii) The State shall annually submit to the Secretary a report
    that summarizes all reports received by the State from eligible
    service providers."
      1994 - Subsec. (d)(5). Pub. L. 103-448, Sec. 112(a)(1), in first
    sentence struck out cl. (C) which read as follows: "with respect to
    the Commonwealth of Puerto Rico, nonprofit child care centers
    certified as such by the Governor of Puerto Rico" and in second
    sentence struck out "of clauses (A) and (B)" after "For purposes".
      Subsecs. (j) to (m). Pub. L. 103-448, Secs. 112(b)-(d), 113,
    added subsecs. (j) to (m).
      1989 - Subsec. (a). Pub. L. 101-147, Sec. 312(1), substituted
    "school lunch" for "school-lunch".
      Subsec. (b). Pub. L. 101-147, Secs. 306(b)(1), 312(1),
    substituted "the Secretary's" for "his" in two places and "school
    lunch" for "school-lunch".
      Subsec. (d)(5). Pub. L. 101-147, Sec. 306(b)(2), substituted
    "Internal Revenue Code of 1986" for "Internal Revenue Code of
    1954", which for purposes of codification was translated as "title
    26" thus requiring no change in text.
      Subsec. (d)(8). Pub. L. 101-147, Sec. 306(a)(1), amended par.
    (8), as amended identically by Pub. L. 99-500 and 99-591, Sec.
    373(a), and Pub. L. 99-661, Sec. 4503(a), to read as if only the
    amendment by Pub. L. 99-661 was enacted, resulting in no change in
    text, see 1986 Amendment note below.
      Subsec. (g). Pub. L. 101-147, Sec. 306(b)(3), substituted
    "personal" for "his" before "use".
      Subsec. (i). Pub. L. 101-147, Sec. 306(b)(4), struck out "(42
    U.S.C. 1771 et seq.)" after "Child Nutrition Act of 1966" and "(42
    U.S.C. 3001 et seq.)" after "Older Americans Act of 1965".
      Pub. L. 101-147, Sec. 306(a)(2), amended subsec. (i), as amended
    identically by Pub. L. 99-500 and 99-591, Sec. 326, and Pub. L. 99-
    661, Sec. 4206, to read as if only the amendment by Pub. L. 99-661
    was enacted, resulting in no change in text, see 1986 Amendment
    note below.
      1987 - Subsec. (d)(5). Pub. L. 100-71 amended par. (5) generally.
    Prior to amendment, par. (5) read as follows: " 'School' means (A)
    any public or nonprofit private school of high school grade or
    under, (B) any public or licensed nonprofit private residential
    child care institution (including, but not limited to, orphanages
    and homes for the mentally retarded, but excluding Job Corps
    Centers funded by the Department of Labor), and (C) with respect to
    the Commonwealth of Puerto Rico, nonprofit child care centers
    certified as such by the Governor of Puerto Rico. For purposes of
    clauses (A) and (B) of this paragraph, the term 'nonprofit', when
    applied to any such private school or institution, means any such
    school or institution which is exempt from tax under section
    501(c)(3) of title 26. On July 1, 1988, and each July 1 thereafter,
    the Secretary shall adjust the tuition limitation amount prescribed
    in clause (A) of the first sentence of this paragraph to reflect
    changes in the Consumer Price Index for All Urban Consumers during
    the most recent 12-month period for which the data is available."
      1986 - Subsec. (d)(5). Pub. L. 99-661, Sec. 4205(a)(2), inserted
    "On July 1, 1988, and each July 1 thereafter, the Secretary shall
    adjust the tuition limitation amount prescribed in clause (A) of
    the first sentence of this paragraph to reflect changes in the
    Consumer Price Index for All Urban Consumers during the most recent
    12-month period for which the data is available."
      Subsec. (d)(5)(A). Pub. L. 99-500 and Pub. L. 99-591, Sec.
    325(a), which directed the amendment of subpar. (A) by striking out
    "except private schools whose average yearly tuition exceeds $1,500
    per child," after "grade or under," was executed by striking out
    "except private schools whose average yearly tuition exceeds $2,000
    per child," after "grade or under," to reflect the probable intent
    of Congress and the intervening amendment of subpar. (A) by Pub. L.
    99-661, Sec. 4205(a)(1). See below.
      Pub. L. 99-661, Sec. 4205(a)(1), substituted "$2,000" for
    "$1,500".
      Subsec. (d)(8). Pub. L. 99-500 and Pub. L. 99-591, Sec. 373(a),
    and Pub. L. 99-661, Sec. 4503(a), amended subsec. (d) identically,
    adding par. (8).
      Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, Sec. 326, and
    Pub. L. 99-661, Sec. 4206, amended section identically, adding
    subsec. (i).
      1981 - Subsec. (d). Pub. L. 97-35, Sec. 819(c)(1), struck out
    par. (3) which defined "food service equipment assistance", and
    redesignated pars. (4) to (8) as (3) to (7), respectively.
      Pub. L. 97-35, Sec. 808(a), inserted reference to private schools
    in par. (6).
      Pub. L. 97-35, Sec. 813(d), added par. (8).
      Subsec. (h). Pub. L. 97-35, Sec. 819(c)(2), struck out provisions
    relating to net cost of operating limitation.
      1980 - Subsec. (d)(6). Pub. L. 96-499 inserted ", but excluding
    Job Corps Centers funded by the Department of Labor".
      1978 - Subsec. (d)(7). Pub. L. 95-627, Sec. 10(b), substituted
    "from July 1 through June 30" for "determined in accordance with
    regulations issued by the Secretary".
      Subsecs. (f), (g). Pub. L. 95-627, Sec. 10(a), added subsecs. (f)
    and (g).
      Subsec. (h). Pub. L. 95-627, Sec. 6(a), added subsec. (h).
      1977 - Subsec. (d)(3). Pub. L. 95-166, Sec. 3, substituted "food
    service equipment assistance" for "nonfood assistance".
      Subsec. (d)(7). Pub. L. 95-166, Sec. 19(c), added par. (7).
      1975 - Subsec. (d)(1). Pub. L. 94-105, Sec. 9(b), inserted
    reference to Trust Territory of the Pacific Islands.
      Subsec. (d)(3) to (7). Pub. L. 94-105, Sec. 9(a), (c), struck out
    par. (3) defining "Nonprofit private schools", redesignated pars.
    (4) to (7) as (3) to (6), respectively, and in par. (6), as so
    redesignated, expanded definition of "school" to include any public
    or licensed nonprofit private residential child care institution,
    including, but not limited to, orphanages and homes for the
    mentally retarded, and inserted provision defining "nonprofit" as
    any school or institution exempt under section 501(c)(3) of title
    26.
      Subsec. (e). Pub. L. 94-105, Sec. 9(d), added subsec. (e).
      1970 - Subsec. (d)(5). Pub. L. 91-248 provided that data upon
    which State apportionments are calculated is program year completed
    two years immediately prior to fiscal year for which appropriation
    is requested.
      1962 - Subsec. (c). Pub. L. 87-823 struck out requirement of just
    and equitable distribution of funds in States maintaining separate
    schools for minority and majority races.
      Subsec. (d). Pub. L. 87-823 redefined "State" in par. (1) to
    recognize Hawaiian and Alaskan statehood and to include American
    Samoa; "State educational agency" in par. (2) to exclude an
    exception applicable to the District of Columbia and language which
    was effective by its terms only through June 30, 1948; "nonprofit
    private school" in par. (3), substituting "section 501(c)(3) of
    title 26" for "section 101(6) of title 26"; and "nonfood
    assistance" in par. (4), substituting "used by schools" for "used
    on school premises"; and added pars. (5) to (7).
      Pub. L. 87-688 inserted "American Samoa," after "Guam".
      1952 - Subsec. (d)(1). Act July 12, 1952, included Guam within
    definition of State.
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-171 effective Oct. 1, 2002, except as
    otherwise provided, see section 4405 of Pub. L. 107-171, set out as
    an Effective Date note under section 1161 of Title 2, The Congress.
                     EFFECTIVE DATE OF 2000 AMENDMENT
      Amendment by Pub. L. 106-224 effective Oct. 1, 2000, see section
    242(c) of Pub. L. 106-224, set out as a note under section 1758 of
    this title.
                     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 1994 AMENDMENT
      Section 112(a)(2) of Pub. L. 103-448 provided that: "The
    amendments made by paragraph (1) [amending this section] shall
    become effective on October 1, 1995."
      Amendment by sections 112(b)-(d) and 113 of 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 1987 AMENDMENT
      Section 101(c) of Pub. L. 100-71 provided that: "The amendments
    made by subsections (a) and (b) [amending sections 1760 and 1784 of
    this title] shall take effect on July 1, 1987."
                     EFFECTIVE DATE OF 1986 AMENDMENTS
      Section 4205(c) of Pub. L. 99-661 provided that:
      "(1) The amendments made by subsections (a)(1) and (b)(1)
    [amending sections 1760 and 1784 of this title] shall apply for the
    fiscal year beginning on October 1, 1986, and each school year
    thereafter.
      "(2) The amendments made by subsections (a)(2) and (b)(2)
    [amending sections 1760 and 1784 of this title] shall apply for the
    school year beginning on July 1, 1988, and each school year
    thereafter."
      Section 325(c) of Pub. L. 99-500 and Pub. L. 99-591 provided
    that: "The amendments made by this section [amending sections 1760
    and 1784 of this title] shall take effect July 1, 1987."
                     EFFECTIVE DATE OF 1981 AMENDMENT
      Amendment by sections 808 and 819 of Pub. L. 97-35 effective Oct.
    1, 1981, and amendment by section 813 of Pub. L. 97-35 effective 90
    days after Aug. 13, 1981, see section 820(a)(3)-(5) of Pub. L. 97-
    35, set out as a note under section 1753 of this title.
                     EFFECTIVE DATE OF 1978 AMENDMENT
      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.
                     EFFECTIVE DATE OF 1977 AMENDMENT
      Section 19 of Pub. L. 95-166 provided that the amendment made by
    that section is effective July 1, 1977.
                     EFFECTIVE DATE OF 1962 AMENDMENT
      Amendment by Pub. L. 87-688 applicable only with respect to funds
    appropriated after Sept. 25, 1962, see section 3(b) of Pub. L. 87-
    688, set out as a note under section 1753 of this title.
                     EFFECTIVE DATE OF 1952 AMENDMENT
      Amendment by act July 12, 1952, effective only with respect to
    funds appropriated after July 12, 1952, see section 1(d) of act
    July 12, 1952, set out as a note under section 1753 of this title.
                   STUDY OF COST ACCOUNTING REQUIREMENTS
      Section 21 of Pub. L. 94-105 prohibited Secretary from delaying
    or withholding or causing any State to delay or withhold payments
    for reimbursement of per-meal costs on basis of noncompliance with
    cost accounting procedures until requirements of subsec. (b) of
    this section have been met, and called for a study by Secretary of
    additional personnel and training needs of States, school
    districts, and schools resulting from requirement of full cost
    accounting procedures, such report with recommendations to be
    submitted to appropriate committees of Congress within one year
    after Oct. 7, 1975.
Customized queries of TRAC's data TRAC FBI Web Site TRAC DEA Web Site TRAC Immigration Web Site TRAC DHS Web Site TRAC IRS Web Site TRAC ATF Web Site TRAC Reports Web Site
Transactional Records Access Clearinghouse, Syracuse University
Copyright 2010
TRAC Web Site