Attachment A: Statutes and Regulations

Attachment A – Statutes and Regulations 

1. 42 U.S.C. 1751 et seq. 
2. 42 U.S.C. 1771 et seq. 
3. Section 305 of the Healthy, Hunger‐Free Kids Act of 2010 (P.L. 
111‐296) 

§ 1717

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 1717. Assignment of benefits; execution, levy,
etc., against benefits
The right of any person to any benefit under
subchapter I of this chapter shall not be transferable or assignable at law or in equity except
to the United States, and none of the moneys
paid or payable (except money paid hereunder as
reimbursement for funeral expenses or as reimbursement with respect to payments of workmen’s compensation or in the nature of workmen’s compensation benefits), or rights existing
under said subchapter, shall be subject to execution, levy, attachment, garnishment, or other
legal process or to the operation of any bankruptcy or insolvency law.
(Dec. 2, 1942, ch. 668, title II, § 207, 56 Stat. 1035.)
CHAPTER 13—SCHOOL LUNCH PROGRAMS
Sec.

1751.
1752.

Congressional declaration of policy.
Authorization of appropriations; ‘‘Secretary’’
defined.
1753.
Apportionments to States.
1754.
Nutrition promotion.
1755.
Direct expenditures for agricultural commodities and other foods.
1755a.
Whole grain products.
1756.
Payments to States.
1757.
State disbursement to schools.
1758.
Program requirements.
1758a.
State performance on enrolling children receiving program benefits for free school
meals.
1758b.
Local school wellness policy.
1759.
Direct disbursement to schools by Secretary.
1759a.
Special assistance funds.
1760.
Miscellaneous provisions.
1761.
Summer food service program for children.
1762.
Repealed.
1762a.
Commodity distribution program.
1763, 1764. Repealed.
1765.
Election to receive cash payments.
1766.
Child and adult care food program.
1766a.
Meal supplements for children in afterschool
care.
1766b to 1768. Repealed.
1769.
Pilot projects.
1769a.
Fresh fruit and vegetable program.
1769b.
Department of Defense overseas dependents’
schools.
1769b–1. Training, technical assistance, and food service management institute.
1769c.
Compliance and accountability.
1769d.
Childhood hunger research.
1769e.
State childhood hunger challenge grants.
1769f.
Duties of Secretary relating to nonprocurement debarment.
1769g.
Information clearinghouse.
1769h.
Repealed.
1769i.
Program evaluation.
1769j.
Ensuring safety of school meals.

§ 1751. Congressional declaration of policy
It is declared to be the policy of Congress, as
a measure of national security, to safeguard the
health and well-being of the Nation’s children
and to encourage the domestic consumption of
nutritious agricultural commodities and other
food, by assisting the States, through grants-inaid and other means, in providing an adequate
supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.
(June 4, 1946, ch. 281, § 2, 60 Stat. 230; Pub. L.
101–147, title III, § 312(1), Nov. 10, 1989, 103 Stat.
916.)

Page 4036

AMENDMENTS
1989—Pub. L. 101–147 substituted ‘‘school lunch’’ for
‘‘school-lunch’’.
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–296, title IV, § 445, Dec. 13, 2010, 124 Stat.
3266, provided that: ‘‘Except as otherwise specifically
provided in this Act [see Short Title of 2010 Amendment note below] or any of the amendments made by
this Act, this Act and the amendments made by this
Act take effect on October 1, 2010.’’
EFFECTIVE DATE OF 1989 AMENDMENT
Section 2 of Pub. L. 101–147 provided that: ‘‘Except as
otherwise provided in this Act, the amendments made
by this Act [see Short Title of 1989 Amendment note
below] shall take effect on the date of the enactment of
this Act [Nov. 10, 1989].’’
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–296, § 1(a), Dec. 13, 2010, 124 Stat. 3183, provided that: ‘‘This Act [enacting sections 1758b, 1769d,
1769e, 1769j, and 1793 of this title and sections 2036a and
3179 of Title 7, Agriculture, amending sections 1396a,
1753, 1755, 1758, 1759a, 1760, 1761, 1762a, 1766, 1769, 1769b–1,
1769c, 1769g, 1769i, 1776, 1779, and 1786 of this title, sections 2013 and 2020 of Title 7, and section 1232g of Title
20, Education, repealing section 1769h of this title, enacting provisions set out as notes under this section
and sections 1396a, 1758, and 1766 of this title and section 3179 of Title 7, and repealing provisions set out as
a note under this section] may be cited as the ‘Healthy,
Hunger-Free Kids Act of 2010’.’’
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–265, § 1(a), June 30, 2004, 118 Stat. 729, provided that: ‘‘This Act [enacting sections 1754 and 1769i
of this title, amending sections 1396a, 1758, 1759a, 1760,
1761, 1762a, 1766, 1769, 1769b–1, 1769c, 1769g, 1773, 1776,
1786, and 1788 of this title and section 2020 of Title 7,
Agriculture, enacting provisions set out as notes under
this section and sections 1754, 1758, 1766, 1769c, 1773, and
1786 of this title, and amending provisions set out as a
note under section 612c of Title 7] may be cited as the
‘Child Nutrition and WIC Reauthorization Act of 2004’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–336, § 1(a), Oct. 31, 1998, 112 Stat. 3143, provided that: ‘‘This Act [amending sections 1755, 1758,
1759a to 1761, 1762a, 1765 to 1766a, 1769, 1769b–1, 1769c,
1769f to 1769h, 1773, 1776, 1784, 1786, and 1788 of this title,
repealing section 1766b of this title, enacting provisions
set out as notes under sections 1755, 1761, and 1786 of
this title, and amending provisions set out as notes
under section 1769 of this title and section 612c of Title
7, Agriculture] may be cited as the ‘William F. Goodling Child Nutrition Reauthorization Act of 1998’.’’
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104–149, § 1, May 29, 1996, 110 Stat. 1379, provided that: ‘‘This Act [amending section 1758 of this
title] may be cited as the ‘Healthy Meals for Children
Act’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–448, § 1(a), Nov. 2, 1994, 108 Stat. 4699, provided that: ‘‘This Act [enacting sections 1766b and 1769f
to 1769h of this title, amending sections 280c–6, 1396a,
1755, 1756, 1758, 1759a, 1760, 1761, 1762a, 1766, 1769, 1769a,
1769b–1, 1769c, 1773, 1776, 1779, 1786, and 1788 of this title,
section 2018 of Title 7, Agriculture, section 1484a of
Title 20, Education, and section 3803 of Title 31, Money
and Finance, enacting provisions set out as notes under
this section and sections 1755, 1758, 1760, 1761, 1762a,
1769f, and 1786 of this title, amending provisions set out
as notes under section 1786 of this title and section 612c
of Title 7, and repealing provisions set out as a note
under section 1786 of this title] may be cited as the
‘Healthy Meals for Healthy Americans Act of 1994’.’’

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TITLE 42—THE PUBLIC HEALTH AND WELFARE
SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102–342, § 1, Aug. 14, 1992, 106 Stat. 911, provided that: ‘‘This Act [enacting section 1790 of this
title, amending sections 1766, 1769, and 1786 of this title,
enacting provisions set out as a note under section 1769
of this title, and amending provisions set out as a note
under section 612c of Title 7, Agriculture] may be cited
as the ‘Child Nutrition Amendments of 1992’.’’
SHORT TITLE OF 1989 AMENDMENT
Section 1(a) of Pub. L. 101–147 provided that: ‘‘This
Act [enacting sections 1766a, 1769b–1, 1769c, 1769d, and
1769e of this title, amending this section and sections
1753, 1755–1758, 1759a, 1760, 1761, 1762a, 1765, 1766,
1769–1769b, 1772, 1773, 1776, 1779, 1783, 1784, 1786, and 1788
of this title, repealing sections 1762 and 1763 of this
title, enacting provisions set out as notes under this
section and sections 1755, 1758, 1761, 1762a, 1766, 1766a,
1769, 1769c, 1773, 1776, and 1786 of this title, and amending provisions set out as a note under section 1766 of
this title] may be cited as the ‘Child Nutrition and WIC
Reauthorization Act of 1989’.’’
SHORT TITLE OF 1986 AMENDMENTS
Pub. L. 99–661, § 4001(a), Nov. 14, 1986, 100 Stat. 4070,
provided that: ‘‘This division [div. D (§§ 4001–4503) of
Pub. L. 99–661, amending sections 1752, 1755, 1758, 1760,
1761, 1762a, 1766, 1769 to 1769b, 1772, 1773, 1776, 1784, 1786,
1788, and 1789 of this title, repealing sections 1767, 1768,
and 1769c of this title, and enacting provisions set out
as notes under sections 1758, 1760, 1766, 1772, 1773, and
1786 of this title and section 1431e of Title 7, Agriculture] may be cited as the ‘Child Nutrition Amendments of 1986’.’’
Pub. L. 99–500, title III, § 301(a), Oct. 18, 1986, 100 Stat.
1783–359, and Pub. L. 99–591, title III, § 301(a), Oct. 30,
1986, 100 Stat. 3341–362, provided that: ‘‘This title
[amending sections 1752, 1755, 1758, 1760, 1761, 1762a, 1766,
1769 to 1769b, 1772, 1773, 1776, 1784, 1786, 1788, and 1789 of
this title and section 1929a of Title 7, Agriculture, repealing sections 1767, 1768, and 1769c of this title, and
enacting provisions set out as notes under sections
1758, 1760, 1766, 1772, 1773, and 1786 of this title and sections 1431e and 1929a of Title 7] may be cited as the
‘School Lunch and Child Nutrition Amendments of
1986’.’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–627, § 1, Nov. 10, 1978, 92 Stat. 3603, provided:
‘‘That this Act [enacting section 1769c of this title,
amending sections 1755, 1757, 1758, 1759a to 1761, 1762a,
1766, 1769, 1772 to 1774, 1776, 1784, and 1786 of this title,
and enacting provisions set out as notes under sections
1755, 1773 and 1786 of this title] may be cited as the
‘Child Nutrition Amendments of 1978’.’’
SHORT TITLE OF 1977 AMENDMENT
Pub. L. 95–166, § 1, Nov. 10, 1977, 91 Stat. 1325, provided:
‘‘That this Act [enacting sections 1769, 1769a, and 1788
of this title, amending sections 1754 to 1758, 1759a, 1760,
1761, 1762a, 1763, 1766, 1772 to 1774, 1776, 1779, 1784, and
1786 of this title, and enacting provisions set out as
notes under sections 1755 and 1772 of this title] may be
cited as the ‘National School Lunch Act and Child Nutrition Amendments of 1977’.’’
SHORT TITLE OF 1975 AMENDMENT
Pub. L. 94–105, § 1, Oct. 7, 1975, 89 Stat. 511, provided:
‘‘That this Act [enacting sections 1765, 1766, 1767, 1768,
and 1787 of this title, amending sections 1752, 1755, 1756,
1758, 1759, 1759a, 1760, 1761, 1762a, 1772, 1773, 1774, 1784,
and 1786 of this title, repealing section 1764 of this title,
and enacting provisions set out as notes under sections
1758, 1760, 1761, and 1786 of this title] may be cited as
the ‘National School Lunch Act and Child Nutrition
Act of 1966 Amendments of 1975’.’’
SHORT TITLE OF 1974 AMENDMENT
Pub. L. 93–326, § 1, June 30, 1974, 88 Stat. 286, provided:
‘‘That this Act [enacting section 1762a of this title and

§ 1751

amending sections 1752, 1755, 1758, 1763, 1774, and 1786 of
this title] may be cited as the ‘National School Lunch
and Child Nutrition Act Amendments of 1974’.’’
SHORT TITLE OF 1973 AMENDMENT
Pub. L. 93–150, § 1, Nov. 7, 1973, 87 Stat. 560, provided:
‘‘That this Act [amending sections 1753, 1755, 1757, 1758,
1759, 1759a, 1763, 1772, 1773, and 1786 of this title, and enacting provisions set out as notes under this section
and section 240 of Title 20, Education] may be cited as
the ‘National School Lunch and Child Nutrition Act
Amendments of 1973’.’’
SHORT TITLE
Section 1 of act June 4, 1946, as amended by Pub. L.
106–78, title VII, § 752(a), Oct. 22, 1999, 113 Stat. 1169, provided: ‘‘That this Act [enacting this chapter] may be
cited as the ‘Richard B. Russell National School Lunch
Act’.’’
INDIRECT COSTS
Pub. L. 111–296, title III, § 307, Dec. 13, 2010, 124 Stat.
3245, provided that:
‘‘(a) GUIDANCE ON INDIRECT COSTS RULES.—Not later
than 180 days after the date of enactment of this Act
[Dec. 13, 2010], the Secretary [of Agriculture] shall issue
guidance to school food authorities participating in the
school lunch program established under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) and the school breakfast program established by
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773) covering program rules pertaining to indirect
costs, including allowable indirect costs that may be
charged to the nonprofit school food service account.
‘‘(b) INDIRECT COST STUDY.—The Secretary shall—
‘‘(1) conduct a study to assess the extent to which
school food authorities participating in the school
lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773) pay indirect costs, including assessments of—
‘‘(A) the allocation of indirect costs to, and the
methodologies used to establish indirect cost rates
for, school food authorities participating in the
school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773);
‘‘(B) the impact of indirect costs charged to the
nonprofit school food service account;
‘‘(C) the types and amounts of indirect costs
charged and recovered by school districts;
‘‘(D) whether the indirect costs charged or recovered are consistent with requirements for the allocation of indirect costs and school food service operations; and
‘‘(E) the types and amounts of indirect costs that
could be charged or recovered under requirements
for the allocation of indirect costs and school food
service operations but are not charged or recovered;
and
‘‘(2) after completing the study required under
paragraph (1), issue additional guidance relating to
the types of costs that are reasonable and necessary
to provide meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
‘‘(c) REGULATIONS.—After conducting the study under
subsection (b)(1) and identifying costs under subsection
(b)(2), the Secretary may promulgate regulations to address—
‘‘(1) any identified deficiencies in the allocation of
indirect costs; and
‘‘(2) the authority of school food authorities to reimburse only those costs identified by the Secretary
as reasonable and necessary under subsection (b)(2).
‘‘(d) REPORT.—Not later than October 1, 2013, the Secretary shall submit to the Committee on Education and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study
under subsection (b).
‘‘(e) FUNDING.—
‘‘(1) IN GENERAL.—On October 1, 2010, out of any
funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary to carry out this section $2,000,000, to remain
available until expended.
‘‘(2) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
paragraph (1), without further appropriation.’’
LOCAL WELLNESS POLICY
Pub. L. 108–265, title II, § 204, June 30, 2004, 118 Stat.
780, as amended by Pub. L. 109–97, title VII, § 776, Nov.
10, 2005, 119 Stat. 2161, which related to establishment
of local school wellness policies for schools under local
educational agencies, was repealed by Pub. L. 111–296,
title II, § 204(b), Dec. 13, 2010, 124 Stat. 3218.
COORDINATION OF SCHOOL LUNCH, SCHOOL BREAKFAST,
AND SUMMER FOOD SERVICE PROGRAMS
Pub. L. 104–193, title VII, § 741, Aug. 22, 1996, 110 Stat.
2307, as amended by Pub. L. 106–78, title VII, § 752(b)(6),
Oct. 22, 1999, 113 Stat. 1169, provided that:
‘‘(a) COORDINATION.—
‘‘(1) IN GENERAL.—The Secretary of Agriculture
shall develop proposed changes to the regulations
under the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.), the summer food service program under section
13 of that Act (42 U.S.C. 1761), and the school breakfast program under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773), for the purpose of simplifying and coordinating those programs into a comprehensive meal program.
developing
proposed
‘‘(2)
CONSULTATION.—In
changes to the regulations under paragraph (1), the
Secretary of Agriculture shall consult with local,
State, and regional administrators of the programs
described in such paragraph.
‘‘(b) REPORT.—Not later than November 1, 1997, the
Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Economic and Educational
Opportunities of the House of Representatives a report
containing the proposed changes developed under subsection (a).’’
SUPPLEMENTAL NUTRITION PROGRAMS; CONGRESSIONAL
STATEMENT OF FINDINGS
Pub. L. 103–448, § 2, Nov. 2, 1994, 108 Stat. 4700, as
amended by Pub. L. 106–78, title VII, § 752(b)(15), Oct. 22,
1999, 113 Stat. 1170, provided that: ‘‘Congress finds
that—
‘‘(1) undernutrition can permanently retard physical growth, brain development, and cognitive functioning of children;
‘‘(2) the longer a child’s nutritional, emotional, and
educational needs go unmet, the greater the likelihood of cognitive impairment;
‘‘(3) low-income children who attend school hungry
score significantly lower on standardized tests than
non-hungry low-income children; and
‘‘(4) supplemental nutrition programs under the
Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) can help to offset threats posed
to a child’s capacity to learn and perform in school
that result from inadequate nutrient intake.’’
STUDY OF ADULTERATION OF JUICE PRODUCTS SOLD TO
SCHOOL MEAL PROGRAMS
Pub. L. 103–448, title I, § 125, Nov. 2, 1994, 108 Stat.
4734, directed Comptroller General of the United States,
not later than 1 year after Nov. 2, 1994, to conduct

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study and to submit a report to Congress on costs and
problems associated with sale of adulterated fruit juice
and juice products to the school lunch program under
this chapter and school breakfast program under section 1773 of this title.
CONSOLIDATION OF SCHOOL LUNCH PROGRAM AND
SCHOOL BREAKFAST PROGRAM INTO COMPREHENSIVE
MEAL PROGRAM
Pub. L. 103–448, title III, § 301, Nov. 2, 1994, 108 Stat.
4749, as amended by Pub. L. 106–78, title VII, § 752(b)(15),
Oct. 22, 1999, 113 Stat. 1170, provided that:
‘‘(a) IN GENERAL.—Notwithstanding any provision of
[the] Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), except as otherwise provided in this
section, the Secretary of Agriculture shall, not later
than 18 months after the date of enactment of this Act
[Nov. 2, 1994], develop and implement regulations to
consolidate the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) and the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773) into a comprehensive meal program.
‘‘(b) REQUIREMENTS.—In establishing the comprehensive meal program under subsection (a), the Secretary
shall meet the following requirements:
‘‘(1) The Secretary shall ensure that the program
continues to serve children who are eligible for free
and reduced price meals. The meals shall meet the
nutritional requirements of section 9(a)(1) of the
Richard B. Russell National School Lunch Act (42
U.S.C. 1758(a)(1)) and section 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).
‘‘(2) The Secretary shall continue to make breakfast assistance payments in accordance with section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
and food assistance payments in accordance with the
Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
‘‘(3) The Secretary may not consolidate any aspect
of the school lunch program or the school breakfast
program with respect to any matter described in any
of subparagraphs (A) through (N) of section 12(l)(4) of
the Richard B. Russell National School Lunch Act (42
U.S.C. 1760(l)(4)).
‘‘(c) PLAN AND RECOMMENDATIONS.—
‘‘(1) PLAN FOR CONSOLIDATION AND SIMPLIFICATION.—
Not later than 180 days prior to implementing the
regulations described in subsection (a), the Secretary
shall prepare and submit to the Committee on Education and Labor [now Committee on Education and
the Workforce] of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the Senate a plan for the consolidation and
simplification of the school lunch program and the
school breakfast program.
‘‘(2) RECOMMENDATIONS WITH RESPECT TO CHANGE IN
PAYMENT AMOUNTS.—If the Secretary proposes to
change the amount of the breakfast assistance payment or the food assistance payment under the comprehensive meal program, the Secretary shall not include the change in the consolidation and shall prepare and submit to the Committee on Education and
Labor [now Committee on Education and the Workforce], and the Committee on Agriculture, of the
House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate recommendations for legislation to effect the change.’’
STUDY AND REPORT RELATING TO USE OF PRIVATE
FOOD ESTABLISHMENTS AND CATERERS UNDER SCHOOL
LUNCH PROGRAM AND SCHOOL BREAKFAST PROGRAM
Pub. L. 103–448, title III, § 302, Nov. 2, 1994, 108 Stat.
4750, directed Comptroller General of the United States,
in conjunction with the Director of the Office of Technology Assessment, to conduct a study and submit a report to Congress, not later than Sept. 1, 1996, on the use
of private food establishments and caterers by schools

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

that participate in the school lunch program under this
chapter or the school breakfast program under section
1773 of this title.
SCHOOL LUNCH STUDIES
Pub. L. 101–624, title XVII, § 1779, Nov. 28, 1990, 104
Stat. 3816, directed Secretary of Agriculture to determine the quantity of bonus commodities lost, by State,
since the 1987–88 school year, the amount that school
food service authorities charged students for non-free
or reduced price meals, and the trends in school participation and student participation, by State and for the
United States, and directed Secretary also to determine the cost to produce school lunches and breakfasts,
including indirect and local administrative costs, the
reasons why schools choose not to participate in the
National school lunch program, the State costs incurred to administer the school programs, and the reasons why children eligible for free or reduced price
meals do not apply for benefits or participate, with
Secretary to submit to Congress a final report on results of the studies not later than Oct. 1, 1993.
COMPREHENSIVE STUDY OF BENEFITS OF PROGRAMS;
REPORT TO CONGRESS
Pub. L. 93–150, § 10, Nov. 7, 1973, 87 Stat. 564, directed
Secretary of Agriculture to carry out a comprehensive
study to determine if the benefits of the National
School Lunch Act and the Child Nutrition Act are accruing to the maximum extent possible to all of the nation’s school children, and to determine if regional cost
differentials exist in Alaska and other States so as to
require additional reimbursement, such report with
recommendations to be submitted to Congress no later
than June 30, 1974.

§ 1752. Authorization of appropriations; ‘‘Secretary’’ defined
For each fiscal year, there is authorized to be
appropriated, out of money in the Treasury not
otherwise appropriated, such sums as may be
necessary to enable the Secretary of Agriculture
(hereinafter referred to as ‘‘the Secretary’’) to
carry out the provisions of this chapter, other
than sections 1761 and 1766 of this title. Appropriations to carry out the provisions of this
chapter and of the Child Nutrition Act of 1966 [42
U.S.C. 1771 et seq.] for any fiscal year are authorized to be made a year in advance of the beginning of the fiscal year in which the funds will
become available for disbursement to the
States. Notwithstanding any other provision of
law, any funds appropriated to carry out the
provisions of this chapter and the Child Nutrition Act of 1966 shall remain available for the
purposes of the Act for which appropriated until
expended.
(June 4, 1946, ch. 281, § 3, 60 Stat. 230; Pub. L.
87–823, § 1, Oct. 15, 1962, 76 Stat. 944; Pub. L.
90–302, § 1, May 8, 1968, 82 Stat. 117; Pub. L.
91–248, § 1(a), May 14, 1970, 84 Stat. 208; Pub. L.
93–326, § 7, June 30, 1974, 88 Stat. 287; Pub. L.
94–105, § 24, Oct. 7, 1975, 89 Stat. 529; Pub. L.
99–500, title III, § 371(a)(2), Oct. 18, 1986, 100 Stat.
1783–368, and Pub. L. 99–591, title III, § 371(a)(2),
Oct. 30, 1986, 100 Stat. 3341–371; Pub. L. 99–661,
div. D, title V, § 4501(a)(2), Nov. 14, 1986, 100 Stat.
4080.)
REFERENCES IN TEXT
The Child Nutrition Act of 1966, referred to in text, is
Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, as amended,
which is classified generally to chapter 13A (§ 1771 et
seq.) of this title. For complete classification of this

§ 1753

Act to the Code, see Short Title note set out under section 1771 of this title and Tables.
CODIFICATION
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
AMENDMENTS
1986—Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661,
which identically directed amendment of section by
substituting ‘‘sections 1761 and 1766’’ for ‘‘sections 1761,
1766, and 1768’’ were executed making the substitution
for ‘‘sections 1761, 1766 and 1768’’ as the probable intent
of Congress.
1975—Pub. L. 94–105 substituted ‘‘sections 1761, 1766
and 1768’’ for ‘‘section 1761’’.
1974—Pub. L. 93–326 substituted ‘‘other than section
1761 of this title’’ for ‘‘other than sections 1759a and
1761 of this title’’.
1970—Pub. L. 91–248 provided that appropriations for
child food service programs may be made a year in advance of the beginning of the fiscal year in which the
funds become available and that funds appropriated for
such programs remain available until expended.
1968—Pub. L. 90–302 inserted section 1761 to enumeration of sections excepted from application of this section.
1962—Pub. L. 87–823 struck out ‘‘, beginning with the
fiscal year ending June 30, 1947,’’ after ‘‘fiscal year’’
and inserted ‘‘, other than section 1759a of this title.’’
APPROPRIATIONS AS FUNCTIONS OF HEALTH AND HUMAN
SERVICES
Section 1 of Pub. L. 90–302, as amended by Pub. L.
96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, provided
in part that: ‘‘Appropriations shall be considered
Health and Human Services functions for budget purposes rather than functions of Agriculture.’’

§ 1753. Apportionments to States
(a) The sums appropriated for any fiscal year
pursuant to the authorizations contained in section 1752 of this title shall be available to the
Secretary for supplying agricultural commodities and other food for the program in accordance with the provisions of this chapter.
(b)(1) The Secretary shall make food 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 a total amount equal to the
product obtained by multiplying—
(A) the number of lunches (consisting of a
combination of foods which meet the minimum nutritional requirements prescribed by
the Secretary under section 1758(a) of this
title) served during such fiscal year in schools
in such State which participate in the school
lunch program under this chapter under agreements with such State educational agency; by
(B) the national average lunch payment prescribed in paragraph (2) of this subsection.
(2) The national average lunch payment for
each lunch served shall be 10.5 cents (as adjusted
pursuant to section 1759a(a) of this title) except
that for each lunch served in school food authorities in which 60 percent or more of the
lunches served in the school lunch program during the second preceding school year were served
free or at a reduced price, the national average
lunch payment shall be 2 cents more.
(3) ADDITIONAL REIMBURSEMENT.—
(A) REGULATIONS.—
(i) PROPOSED REGULATIONS.—Notwithstanding section 1758(f) of this title, not later than

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§ 1771

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

1791.
1792.
1793.

Bill Emerson Good Samaritan Food Donation
Act.
Promoting Federal food donation.
Grants for expansion of school breakfast programs.

§ 1771. Congressional declaration of purpose
In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on
the years of cumulative successful experience
under the national school lunch program with
its significant contributions in the field of applied nutrition research, it is hereby declared to
be the policy of Congress that these efforts shall
be extended, expanded, and strengthened under
the authority of the Secretary of Agriculture as
a measure to safeguard the health and wellbeing of the Nation’s children, and to encourage
the domestic consumption of agricultural and
other foods, by assisting States, through grantsin-aid and other means, to meet more effectively
the nutritional needs of our children.
(Pub. L. 89–642, § 2, Oct. 11, 1966, 80 Stat. 885.)
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–247, § 1, June 20, 2008, 122 Stat. 2314, provided that: ‘‘This Act [enacting section 1792 of this title
and provisions set out as notes under section 1792 of
this title] may be cited as the ‘Federal Food Donation
Act of 2008’.’’
SHORT TITLE OF 1992 AMENDMENTS
Pub. L. 102–512, § 1, Oct. 24, 1992, 106 Stat. 3363, provided that: ‘‘This Act [amending sections 1769, 1776, and
1786 of this title and enacting provisions set out as
notes under this section and sections 1769 and 1786 of
this title] may be cited as the ‘Children’s Nutrition Assistance Act of 1992’.’’
Pub. L. 102–512, title I, § 101, Oct. 24, 1992, 106 Stat.
3363, provided that: ‘‘This title [amending sections 1769
and 1776 of this title and enacting provisions set out as
a note under section 1769 of this title] may be cited as
the ‘Homeless Children’s Assistance Act of 1992’.’’
Pub. L. 102–512, title II, § 201, Oct. 24, 1992, 106 Stat.
3364, provided that: ‘‘This title [amending section 1786
of this title and enacting provisions set out as notes
under section 1786 of this title] may be cited as the
‘WIC Infant Formula Procurement Act of 1992’.’’
Pub. L. 102–314, § 1, July 2, 1992, 106 Stat. 280, provided
that: ‘‘This Act [amending section 1786 of this title and
enacting provisions set out as notes under section 1786
of this title] may be cited as the ‘WIC Farmers’ Market
Nutrition Act of 1992’.’’
SHORT TITLE
Pub. L. 89–642, § 1, Oct. 11, 1966, 80 Stat. 885, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘Child Nutrition Act of 1966’.’’

§ 1772. Special program to encourage the consumption of fluid milk by children; authorization of appropriations; eligibility for special milk program; minimum rate of reimbursement; ineligibility of commodity only
schools
(a)(1) There is hereby authorized to be appropriated for the fiscal year ending June 30, 1970,
and for each succeeding fiscal year, such sums
as may be necessary to enable the Secretary of
Agriculture, under such rules and regulations as
the Secretary may deem in the public interest,
to encourage consumption of fluid milk by chil-

Page 4232

dren in the United States in (A) nonprofit
schools of high school grade and under, except
as provided in paragraph (2), which do not participate in a meal service program authorized
under this chapter or the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.],
and (B) nonprofit nursery schools, child-care
centers, settlement houses, summer camps, and
similar nonprofit institutions devoted to the
care and training of children, which do not participate in a meal service program authorized
under this chapter or the Richard B. Russell National School Lunch Act.
(2) The limitation imposed under paragraph
(1)(A) for participation of nonprofit schools in
the special milk program shall not apply to
split-session kindergarten programs conducted
in schools in which children do not have access
to the meal service program operating in
schools the children attend as authorized under
this chapter or the Richard B. Russell National
School Lunch Act.
(3) For the purposes of this section ‘‘United
States’’ means the fifty States, Guam, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, the Commonwealth of the
Northern Mariana Islands, and the District of
Columbia.
(4) The Secretary shall administer the special
milk program provided for by this section to the
maximum extent practicable in the same manner as the Secretary administered the special
milk program provided for by this chapter during the fiscal year ending June 30, 1969.
(5) Any school or nonprofit child care institution which does not participate in a meal service
program authorized under this chapter or the
Richard B. Russell National School Lunch Act
shall receive the special milk program upon its
request.
(6) Children who qualify for free lunches under
guidelines set forth by the Secretary shall, at
the option of the school involved (or of the local
educational agency involved in the case of a
public school) be eligible for free milk upon
their request.
(7) For the fiscal year ending June 30, 1975, and
for subsequent school years, the minimum rate
of reimbursement for a half-pint of milk served
in schools and other eligible institutions shall
not be less than 5 cents per half-pint served to
eligible children, and such minimum rate of reimbursement shall be adjusted on an annual
basis each school year to reflect changes in the
Producer Price Index for Fresh Processed Milk
published by the Bureau of Labor Statistics of
the Department of Labor.
(8) Such adjustment shall be computed to the
nearest one-fourth cent.
(9) Notwithstanding any other provision of
this section, in no event shall the minimum rate
of reimbursement exceed the cost to the school
or institution of milk served to children.
(10) The State educational agency shall disburse funds paid to the State during any fiscal
year for purposes of carrying out the program
under this section in accordance with such
agreements approved by the Secretary as may
be entered into by such State agency and the
schools in the State. The agreements described
in the preceding sentence shall be permanent

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3243

SEC. 305. PROGRAM EVALUATION.

Section 28 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769i) is amended by adding at the end the following:
‘‘(c) COOPERATION WITH PROGRAM RESEARCH AND EVALUATION.—States, State educational agencies, local educational agencies, schools, institutions, facilities, and contractors participating
in programs authorized under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.) shall cooperate with officials
and contractors acting on behalf of the Secretary, in the conduct
of evaluations and studies under those Acts.’’.

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SEC. 306. PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE.

Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776)
is amended by striking subsection (g) and inserting the following:
‘‘(g) PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE.—
‘‘(1) CRITERIA FOR SCHOOL FOOD SERVICE AND STATE AGENCY
DIRECTORS.—
‘‘(A) SCHOOL FOOD SERVICE DIRECTORS.—
‘‘(i) IN GENERAL.—The Secretary shall establish a
program of required education, training, and certification for all school food service directors responsible
for the management of a school food authority.
‘‘(ii) REQUIREMENTS.—The program shall include—
‘‘(I) minimum educational requirements necessary to successfully manage the school lunch
program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.)
and the school breakfast program established by
section 4 of this Act;
‘‘(II) minimum program training and certification criteria for school food service directors; and
‘‘(III) minimum periodic training criteria to
maintain school food service director certification.
‘‘(B) SCHOOL NUTRITION STATE AGENCY DIRECTORS.—
The Secretary shall establish criteria and standards for
States to use in the selection of State agency directors
with responsibility for the school lunch program established
under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.) and the school breakfast program
established by section 4 of this Act.
‘‘(C) TRAINING PROGRAM PARTNERSHIP.—The Secretary
may provide financial and other assistance to 1 or more
professional food service management organizations—
‘‘(i) to establish and manage the program under
this paragraph; and
‘‘(ii) to develop voluntary training and certification
programs for other school food service workers.
‘‘(D) REQUIRED DATE OF COMPLIANCE.—
‘‘(i) SCHOOL FOOD SERVICE DIRECTORS.—The Secretary shall establish a date by which all school food
service directors whose local educational agencies are
participating in the school lunch program established
under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.) and the school breakfast
program established by section 4 of this Act shall be
required to comply with the education, training, and

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