Attachment F Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)

Attachment F: Richard B. Russell
National School Lunch Act
(42 U.S.C. 1751 et seq .)

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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
[Chapter 281 of the 79th Congress, Approved June 4, 1946, 60 Stat.
230]
[As Amended Through P.L. 116–6, Enacted February 15, 2019]
øCurrency: This publication is a compilation of the text of Chapter 281 of the 79th
Congress. It was last amended by the public law listed in the As Amended
Through note above and below at the bottom of each page of the pdf version and
reflects current law through the date of the enactment of the public law listed at
https://www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
TABLE OF CONTENTS 1
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1. ø1751 note¿ Short title.
2. ø1751¿ Declaration of policy.
3. ø1752¿ Appropriations authorized.
4. ø1753¿ Apportionments to States.
5. ø1754¿ Nutrition promotion.
6. ø1755¿ Direct Federal expenditures.
7. ø1756¿ Payments to States.
8. ø1757¿ State disbursement to schools.
9. ø1758¿ Nutritional and other program requirements.
9A. ø1758b¿ Local school wellness policy.
10. ø1759¿ Disbursement to schools by the Secretary.
11. ø1759a¿ Special assistance.
12. ø1760¿ Miscellaneous provisions and definitions.
13. ø1761¿ Summer food service program for children.
14. ø1762a¿ Commodity distribution program.
16. ø1765¿ Election to receive cash payments.
17. ø1766¿ Child and adult care food program.
17A. ø1766a¿ Meal supplements for children in afterschool care.
18. ø1769¿ Pilot projects.
19. ø1769a¿ Fresh fruit and vegetable program.
20. ø1769b¿ Department of Defense overseas dependents’ schools.
21. ø1769b–1¿ Training, technical assistance, and food service management institute.
22. ø1769c¿ Compliance and accountability.
23. ø1769d¿ Childhood hunger research.
24. ø1769e¿ State childhood hunger challenge grants.
25. ø1769f¿ Duties of the Secretary relating to nonprocurement debarment.
26. ø1769g¿ Information clearinghouse.
28. ø1769i¿ Program evaluation.
29. ø1769j¿ Ensuring safety of school meals.

1 This

table of contents is not part of the Act but is included for user convenience. The
numbers in brackets refer to section numbers in title 42, United States Code.

1
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to the total revenue of the school food service account shall
be equal to or greater than the proportion of total food
costs associated with obtaining nonprogram foods to the
total costs associated with obtaining program and nonprogram foods from the account.
(B) ACCRUAL.—All revenue from the sale of nonprogram foods shall accrue to the nonprofit school food service
account of a participating school food authority.
(C) EFFECTIVE DATE.—This subsection shall be effective beginning on July 1, 2011.
(r) DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS.—
Any school, institution, service institution, facility, or individual
that has been terminated from any program authorized under this
Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and
is on a list of disqualified institutions and individuals under section
13 or section 17(d)(5)(E) of this Act may not be approved to participate in or administer any program authorized under this Act or the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
SEC. 13. ø42 U.S.C. 1761¿ SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) IN GENERAL.—
(1) DEFINITIONS.—In this section:
(A) AREA IN WHICH POOR ECONOMIC CONDITIONS
EXIST.—
(i) IN GENERAL.—Subject to clause (ii), the term

‘‘area in which poor economic conditions exist’’, as the
term relates to an area in which a program food service site is located, means—
(I) the attendance area of a school in which at
least 50 percent of the enrolled children have been
determined eligible for free or reduced price school
meals under this Act and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.);
(II) a geographic area, as defined by the Secretary based on the most recent census data available, in which at least 50 percent of the children
residing in that area are eligible for free or reduced price school meals under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
(III) an area—
(aa) for which the program food service
site documents the eligibility of enrolled children through the collection of income eligibility statements from the families of enrolled
children or other means; and
(bb) at least 50 percent of the children enrolled at the program food service site meet
the income standards for free or reduced price
school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(IV) a geographic area, as defined by the Secretary based on information provided from a department of welfare or zoning commission, in
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which at least 50 percent of the children residing
in that area are eligible for free or reduced price
school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or
(V) an area for which the program food service site demonstrates through other means approved by the Secretary that at least 50 percent
of the children enrolled at the program food service site are eligible for free or reduced price school
meals under this Act and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
(ii) DURATION OF DETERMINATION.—A determination that an area is an ‘‘area in which poor economic
conditions exist’’ under clause (i) shall be in effect
for—
(I) in the case of an area described in clause
(i)(I), 5 years;
(II) in the case of an area described in clause
(i)(II), until more recent census data are available;
(III) in the case of an area described in clause
(i)(III), 1 year; and
(IV) in the case of an area described in subclause (IV) or (V) of clause (i), a period of time to
be determined by the Secretary, but not less than
1 year.
(B) CHILDREN.—The term ‘‘children’’ means—
(i) individuals who are 18 years of age and under;
and
(ii) individuals who are older than 18 years of age
who are—
(I) determined by a State educational agency
or a local public educational agency of a State, in
accordance with regulations promulgated by the
Secretary, to have a disability, and
(II) participating in a public or nonprofit private school program established for individuals
who have a disability.
(C) PROGRAM.—The term ‘‘program’’ means the summer food service program for children authorized by this
section.
(D) SERVICE INSTITUTION.—The term ‘‘service institution’’ means a public or private nonprofit school food authority, local, municipal, or county government, public or
private nonprofit higher education institution participating
in the National Youth Sports Program, or residential public or private nonprofit summer camp, that develops special summer or school vacation programs providing food
service similar to food service made available to children
during the school year under the school lunch program
under this Act or the school breakfast program under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(E) STATE.—The term ‘‘State’’ means—
(i) each of the several States of the United States;
(ii) the District of Columbia;
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(iii) the Commonwealth of Puerto Rico;
(iv) Guam;
(v) American Samoa;
(vi) the Commonwealth of the Northern Mariana
Islands; and
(vii) the United States Virgin Islands.
(2) PROGRAM AUTHORIZATION.—
(A) IN GENERAL.—The Secretary may carry out a program to assist States, through grants-in-aid and other
means, to initiate and maintain nonprofit summer food
service programs for children in service institutions.
(B) PREPARATION OF FOOD.—
(i) IN GENERAL.—To the maximum extent feasible,
consistent with the purposes of this section, any food
service under the program shall use meals prepared at
the facilities of the service institution or at the food
service facilities of public and nonprofit private
schools.
(ii) INFORMATION AND TECHNICAL ASSISTANCE.—
The Secretary shall assist States in the development
of information and technical assistance to encourage
increased service of meals prepared at the facilities of
service institutions and at public and nonprofit private
schools.
(3) ELIGIBLE SERVICE INSTITUTIONS.—Eligible service institutions entitled to participate in the program shall be limited
to those that—
(A) demonstrate adequate administrative and financial
responsibility to manage an effective food service;
(B) have not been seriously deficient in operating
under the program;
(C)(i) conduct a regularly scheduled food service for
children from areas in which poor economic conditions
exist; or
(ii) qualify as camps; and
(D) provide an ongoing year-round service to the community to be served under the program (except that an
otherwise eligible service institution shall not be disqualified for failure to meet this requirement for ongoing yearround service if the State determines that its disqualification would result in an area in which poor economic conditions exist not being served or in a significant number of
needy children not having reasonable access to a summer
food service program).
(4) PRIORITY.—
(A) IN GENERAL.—The following order of priority shall
be used by the State in determining participation where
more than one eligible service institution proposes to serve
the same area:
(i) Local schools.
(ii) All other service institutions and private nonprofit organizations eligible under paragraph (7) that
have demonstrated successful program performance in
a prior year.
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(iii) New public institutions.
(iv) New private nonprofit organizations eligible
under paragraph (7).
(B) RURAL AREAS.—The Secretary and the States, in
carrying out their respective functions under this section,
shall actively seek eligible service institutions located in
rural areas, for the purpose of assisting such service institutions in applying to participate in the program.
(5) CAMPS.—Camps that satisfy all other eligibility requirements of this section shall receive reimbursement only for
meals served to children who meet the eligibility requirements
for free or reduced price meals, as determined under this Act
and the Child Nutrition Act of 1966 ø(42 U.S.C. 1771 et seq.)¿.
(6) GOVERNMENT INSTITUTIONS.—Service institutions that
are local, municipal, or county governments shall be eligible for
reimbursement for meals served in programs under this section only if such programs are operated directly by such governments.
(7) PRIVATE NONPROFIT ORGANIZATIONS.—
(A) DEFINITION OF PRIVATE NONPROFIT ORGANIZATION.—In this paragraph, the term ‘‘private nonprofit organization’’ means an organization that—
(i) exercises full control and authority over the operation of the program at all sites under the sponsorship of the organization;
(ii) provides ongoing year-round activities for children or families;
(iii) demonstrates that the organization has adequate management and the fiscal capacity to operate
a program under this section;
(iv) is an organization described in section 501(c)
of the Internal Revenue Code of 1986 and exempt from
taxation under 501(a) of that Code; and
(v) meets applicable State and local health, safety,
and sanitation standards.
(B) ELIGIBILITY.—Private nonprofit organizations
(other than organizations eligible under paragraph (1))
shall be eligible for the program under the same terms and
conditions as other service institutions.
(8) SEAMLESS SUMMER OPTION.—Except as otherwise determined by the Secretary, a service institution that is a public
or private nonprofit school food authority may provide summer
or school vacation food service in accordance with applicable
provisions of law governing the school lunch program established under this Act or the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
(9) EXEMPTION.—
(A) IN GENERAL.—For each of calendar years 2005 and
2006 in rural areas of the State of Pennsylvania (as determined by the Secretary), the threshold for determining
‘‘areas in which poor economic conditions exist’’ under
paragraph (1)(C) shall be 40 percent.
(B) EVALUATION.—
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(i) IN GENERAL.—The Secretary, acting through
the Administrator of the Food and Nutrition Service,
shall evaluate the impact of the eligibility criteria described in subparagraph (A) as compared to the eligibility criteria described in paragraph (1)(C).
(ii) IMPACT.—The evaluation shall assess the impact of the threshold in subparagraph (A) on—
(I) the number of sponsors offering meals
through the summer food service program;
(II) the number of sites offering meals
through the summer food service program;
(III) the geographic location of the sites;
(IV) services provided to eligible children; and
(V) other factors determined by the Secretary.
(iii) REPORT.—Not later than January 1, 2008, the
Secretary shall submit to the Committee on Education
and the Workforce of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of
the evaluation under this subparagraph.
(iv) FUNDING.—
(I) IN GENERAL.—On January 1, 2005, out of
any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out
this subparagraph $400,000, to remain available
until expended.
(II) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall
use to carry out this subparagraph the funds
transferred under subclause (I), without further
appropriation.
(10) SUMMER FOOD SERVICE RURAL TRANSPORTATION.—
(A) IN GENERAL.—The Secretary shall provide grants,
through not more than 5 eligible State agencies selected by
the Secretary, to not more than 60 eligible service institutions selected by the Secretary to increase participation at
congregate feeding sites in the summer food service program for children authorized by this section through innovative approaches to limited transportation in rural areas.
(B) ELIGIBILITY.—To be eligible to receive a grant
under this paragraph—
(i) a State agency shall submit an application to
the Secretary, in such manner as the Secretary shall
establish, and meet criteria established by the Secretary; and
(ii) a service institution shall agree to the terms
and conditions of the grant, as established by the Secretary.
(C) DURATION.—A service institution that receives a
grant under this paragraph may use the grant funds during the 3-fiscal year period beginning in fiscal year 2006.
(D) REPORTS.—The Secretary shall submit to the Committee on Education and the Workforce of the House of
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Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate—
(i) not later than January 1, 2008, an interim report that describes—
(I) the use of funds made available under this
paragraph; and
(II) any progress made by using funds from
each grant provided under this paragraph; and
(ii) not later than January 1, 2009, a final report
that describes—
(I) the use of funds made available under this
paragraph;
(II) any progress made by using funds from
each grant provided under this paragraph;
(III) the impact of this paragraph on participation in the summer food service program for
children authorized by this section; and
(IV) any recommendations by the Secretary
concerning the activities of the service institutions
receiving grants under this paragraph.
(E) FUNDING.—
(i) IN GENERAL.—Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture
to carry out this paragraph—
(I) on October 1, 2005, $2,000,000; and
(II) on October 1, 2006, and October 1, 2007,
$1,000,000.
(ii) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall use
to carry out this paragraph the funds transferred
under clause (i), without further appropriation.
(iii) AVAILABILITY OF FUNDS.—Funds transferred
under clause (i) shall remain available until expended.
(iv) REALLOCATION.—The Secretary may reallocate
any amounts made available to carry out this paragraph that are not obligated or expended, as determined by the Secretary.
(11) OUTREACH TO ELIGIBLE FAMILIES.—
(A) IN GENERAL.—The Secretary shall require each
State agency that administers the national school lunch
program under this Act to ensure that, to the maximum
extent practicable, school food authorities participating in
the school lunch program under this Act cooperate with
participating service institutions to distribute materials to
inform families of—
(i) the availability and location of summer food
service program meals; and
(ii) the availability of reimbursable breakfasts
served under the school breakfast program established
by section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773).
(B) INCLUSIONS.—Informational activities carried out
under subparagraph (A) may include—
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(i) the development or dissemination of printed
materials, to be distributed to all school children or
the families of school children prior to the end of the
school year, that inform families of the availability
and location of summer food service program meals;
(ii) the development or dissemination of materials,
to be distributed using electronic means to all school
children or the families of school children prior to the
end of the school year, that inform families of the
availability and location of summer food service program meals; and
(iii) such other activities as are approved by the
applicable State agency to promote the availability
and location of summer food service program meals to
school children and the families of school children.
(C) MULTIPLE STATE AGENCIES.—If the State agency
administering the program under this section is not the
same State agency that administers the school lunch program under this Act, the 2 State agencies shall work cooperatively to implement this paragraph.
(12) SUMMER FOOD SERVICE SUPPORT GRANTS.—
(A) IN GENERAL.—The Secretary shall use funds made
available to carry out this paragraph to award grants on
a competitive basis to State agencies to provide to eligible
service institutions—
(i) technical assistance;
(ii) assistance with site improvement costs; or
(iii) other innovative activities that improve and
encourage sponsor retention.
(B) ELIGIBILITY.—To be eligible to receive a grant
under this paragraph, a State agency shall submit an application to the Secretary in such manner, at such time,
and containing such information as the Secretary may require.
(C) PRIORITY.—In making grants under this paragraph, the Secretary shall give priority to—
(i) applications from States with significant lowincome child populations; and
(ii) State plans that demonstrate innovative approaches to retain and support summer food service
programs after the expiration of the start-up funding
grants.
(D) USE OF FUNDS.—A State and eligible service institution may use funds made available under this paragraph
to pay for such costs as the Secretary determines are necessary to establish and maintain summer food service programs.
(E) REALLOCATION.—The Secretary may reallocate any
amounts made available to carry out this paragraph that
are not obligated or expended, as determined by the Secretary.
(F) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this paragraph
$20,000,000 for fiscal years 2011 through 2015.
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(b) SERVICE INSTITUTIONS.—
(1) PAYMENTS.—
(A) 9 IN GENERAL.—Subject to subparagraph (B) and in
addition to amounts made available under paragraph (3),
payments to service institutions shall be—
(i) $1.97 for each lunch and supper served;
(ii) $1.13 for each breakfast served; and
(iii) 46 cents for each meal supplement served.
(B) ADJUSTMENTS.—Amounts specified in subparagraph (A) shall be adjusted on January 1, 1997, and each
January 1 thereafter, to the nearest lower cent increment
to reflect changes for the 12-month period ending the preceding November 30 in the series for food away from home
of the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department of Labor. Each adjustment shall be based on the
unrounded adjustment for the prior 12-month period.
(C) SEAMLESS SUMMER REIMBURSEMENTS.—A service
institution described in subsection (a)(8) shall be reimbursed for meals and meal supplements in accordance with
the applicable provisions under this Act (other than subparagraphs (A) and (B) of this paragraph and paragraph
(4)) and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), as determined by the Secretary.
(2) Any service institution may only serve lunch and either
breakfast or a meal supplement during each day of operation, except that any service institution that is a camp or that serves
meals primarily to migrant children may serve up to 3 meals, or
2 meals and 1 supplement, during each day of operation, if (A) the
service institution has the administrative capability and the food
preparation and food holding capabilities (where applicable) to
serve more than one meal per day, and (B) the service period of different meals does not coincide or overlap.
(3) PERMANENT OPERATING AGREEMENTS AND BUDGET FOR
ADMINISTRATIVE COSTS.—
(A) PERMANENT OPERATING AGREEMENTS.—
(i) IN GENERAL.—Subject to clauses (ii) and (iii), to
participate in the program, a service institution that
meets the conditions of eligibility described in this section and in regulations promulgated by the Secretary,
shall be required to enter into a permanent agreement
with the applicable State agency.
(ii) AMENDMENTS.—A permanent agreement described in clause (i) may be amended as necessary to
ensure that the service institution is in compliance
with all requirements established in this section or by
the Secretary.
(iii) TERMINATION.—A permanent agreement described in clause (i)—
9 Effective Jan. 1, 2008, sec. 738(a)(1)(C) of division A of P.L. 110-161, Dec. 26, 2007, amended
this subpara. by striking ‘‘(B)’’ and all that follows through ‘‘shall not exceed’’ and inserting ’’(A)’’
and all that follows through ‘‘shall be’’. Although this subpara. was already previously redesignated as subparagraph (A) by sec. 738(a)(1)(B) of division A of P.L. 110–161, the amendment
was executed to effectuate the probable intent of Congress.

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(I) may be terminated for convenience by the
service institution and State agency that is a
party to the permanent agreement; and
(II) shall be terminated—
(aa) for cause by the applicable State
agency in accordance with subsection (q) and
with regulations promulgated by the Secretary; or
(bb) on termination of participation of the
service institution in the program.
(B) BUDGET FOR ADMINISTRATIVE COSTS.—
(i) IN GENERAL.—When applying for participation
in the program, and not less frequently than annually
thereafter, each service institution shall submit a complete budget for administrative costs related to the
program, which shall be subject to approval by the
State.
(ii) AMOUNT.—Payment to service institutions for
administrative costs shall equal the levels determined
by the Secretary pursuant to the study required in
paragraph (4).
(4)(A) The Secretary shall conduct a study of the food service
operations carried out under the program. Such study shall include, but shall not be limited to—
(i) an evaluation of meal quality as related to costs; and
(ii) a determination whether adjustments in the maximum
reimbursement levels for food service operation costs prescribed in paragraph (1) of this subsection should be made, including whether different reimbursement levels should be established for self-prepared meals and vendored meals and
which site-related costs, if any, should be considered as part of
administrative costs.
(B) The Secretary shall also study the administrative costs of
service institutions participating in the program and shall thereafter prescribe maximum allowable levels for administrative payments that reflect the costs of such service institutions, taking into
account the number of sites and children served, and such other
factors as the Secretary determines appropriate to further the goals
of efficient and effective administration of the program.
(C) The Secretary shall report the results of such studies to
Congress not later than December 1, 1977.
(c)(1) Payments shall be made to service institutions only for
meals served during the months of May through September, except
in the case of service institutions that operate food service programs for children on school vacation at any time under a continuous school calendar or that provide meal service at non-school
sites to children who are not in school for a period during the
months of October through April due to a natural disaster, building
repair, court order, or similar cause.
(2) Children participating in National Youth Sports Programs
operated by higher education institutions shall be eligible to participate in the program under this paragraph on showing residence
in areas in which poor economic conditions exist or on the basis of
income eligibility statements for children enrolled in the program.
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(d) Not later than April 15, May 15, and July 1 of each year,
the Secretary shall forward to each State a letter of credit (advance
program payment) that shall be available to each State for the payment of meals to be served in the month for which the letter of
credit is issued. The amount of the advance program payment shall
be an amount which the State demonstrates, to the satisfaction of
the Secretary, to be necessary for advance program payments to
service institutions in accordance with subsection (e) of this section.
The Secretary shall also forward such advance program payments,
by the first day of the month prior to the month in which the program will be conducted, to States that operate the program in
months other than May through September. The Secretary shall
forward any remaining payments due pursuant to subsection (b) of
this section not later than sixty days following receipt of valid
claims therefor.
(e)(1) Not later than June 1, July 15, and August 15 of each
year, or, in the case of service institutions that operate under a
continuous school calendar, the first day of each month of operation, the State shall forward advance program payments to each
service institution. The State shall not release the second month’s
advance program payment to any service institution (excluding a
school) that has not certified that it has held training sessions for
its own personnel and the site personnel with regard to program
duties and responsibilities. No advance program payment may be
made for any month in which the service institution will operate
under the program for less than ten days.
(2) The amount of the advance program payment for any
month in the case of any service institution shall be an amount
equal to (A) the total program payment for meals served by such
service institution in the same calendar month of the preceding calendar year, (B) 50 percent of the amount established by the State
to be needed by such service institution for meals if such service
institution contracts with a food service management company, or
(C) 65 percent of the amount established by the State to be needed
by such service institution for meals if such service institution prepares its own meals, whichever amount is greatest: Provided, That
the advance program payment may not exceed the total amount estimated by the State to be needed by such service institution for
meals to be served in the month for which such advance program
payment is made or $40,000, whichever is less, except that a State
may make a larger advance program payment to such service institution where the State determines that such larger payment is necessary for the operation of the program by such service institution
and sufficient administrative and management capability to justify
a larger payment is demonstrated. The State shall forward any remaining payment due a service institution not later than seventyfive days following receipt of valid claims. If the State has reason
to believe that a service institution will not be able to submit a
valid claim for reimbursement covering the period for which an advance program payment has been made, the subsequent month’s
advance program payment shall be withheld until such time as the
State has received a valid claim. Program payments advanced to
service institutions that are not subsequently deducted from a valid
claim for reimbursement shall be repaid upon demand by the
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State. Any prior payment that is under dispute may be subtracted
from an advance program payment.
(f)(1) Service institutions receiving funds under this section
shall serve meals consisting of a combination of foods and meeting
minimum nutritional standards prescribed by the Secretary on the
basis of tested nutritional research.
(2) The Secretary shall provide technical assistance to service
institutions and private nonprofit organizations participating in the
program to assist the institutions and organizations in complying
with the nutritional requirements prescribed by the Secretary pursuant to this subsection.
(3) Meals described in paragraph (1) shall be served without
cost to children attending service institutions approved for operation under this section, except that, in the case of camps, charges
may be made for meals served to children other than those who
meet the eligibility requirements for free or reduced price meals in
accordance with subsection (a)(5) of this section.
(4) To assure meal quality, States shall, with the assistance of
the Secretary, prescribe model meal specifications and model food
quality standards, and ensure that all service institutions contracting for the preparation of meals with food service management
companies include in their contracts menu cycles, local food safety
standards, and food quality standards approved by the State.
(5) Such contracts shall require (A) periodic inspections, by an
independent agency or the local health department for the locality
in which the meals are served, of meals prepared in accordance
with the contract in order to determine bacteria levels present in
such meals, and (B) conformance with standards set by local health
authorities.
(6) Such inspections and any testing resulting therefrom shall
be in accordance with the practices employed by such local health
authority.
(7) OFFER VERSUS SERVE.—A school food authority participating as a service institution may permit a child to refuse one
or more items of a meal that the child does not intend to consume, under rules that the school uses for school meals programs. A refusal of an offered food item shall not affect the
amount of payments made under this section to a school for
the meal.
(g) The Secretary shall publish proposed regulations relating to
the implementation of the program by November 1 of each fiscal
year, final regulations by January 1 of each fiscal year, and guidelines, applications and handbooks by February 1 of each fiscal year.
In order to improve program planning, the Secretary may provide
that service institutions be paid as startup costs not to exceed 20
percent of the administrative funds provided for in the administrative budget approved by the State under subsection (b)(3) of this
section. Any payments made for startup costs shall be subtracted
from amounts otherwise payable for administrative costs subsequently made to service institutions under subsection (b)(3) of this
section.
(h) Each service institution shall, insofar as practicable, use in
its food service under the program foods designated from time to
time by the Secretary as being in abundance. The Secretary is auJune 3, 2019

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thorized to donate to States, for distribution to service institutions,
food available under section 416 of the Agricultural Act of 1949 ø(7
U.S.C. 1431)¿, or purchased under section 32 of the Act of August
24, 1935 ø(7 U.S.C. 612c)¿ or section 709 of the Food and Agriculture Act of 1965 ø(7 U.S.C. 1446a–1)¿. Donated foods may be
distributed only to service institutions that can use commodities efficiently and effectively, as determined by the Secretary.
ø(i) Repealed 10¿
(j) Expenditures of funds from State and local sources for the
maintenance of food programs for children shall not be diminished
as a result of funds received under this section.
(k)(1) The Secretary shall pay to each State for its administrative costs incurred under this section in any fiscal year an amount
equal to (A) 20 percent of the first $50,000 in funds distributed to
that State for the program in the preceding fiscal year; (B) 10 percent of the next $100,000 distributed to that State for the program
in the preceding fiscal year; (C) 5 percent of the next $250,000 in
funds distributed to that State for the program in the preceding fiscal year, and (D) 21⁄2 percent of any remaining funds distributed
to that State for the program in the preceding fiscal year: Provided,
That such amounts may be adjusted by the Secretary to reflect
changes in the size of that State’s program since the preceding fiscal year.
(2) The Secretary shall establish standards and effective dates
for the proper, efficient, and effective administration of the program by the State. If the Secretary finds that the State has failed
without good cause to meet any of the Secretary’s standards or has
failed without good cause to carry out the approved State management and administration plan under subsection (n) of this section,
the Secretary may withhold from the State such funds authorized
under this subsection as the Secretary determines to be appropriate.
(3) To provide for adequate nutritional and food quality monitoring, and to further the implementation of the program, an additional amount, not to exceed the lesser of actual costs or 1 percent
of program funds, shall be made available by the Secretary to
States to pay for State or local health department inspections, and
to reinspect facilities and deliveries to test meal quality.
(l)(1) Service institutions may contract on a competitive basis
with food service management companies for the furnishing of
meals or management of the entire food service under the program,
except that a food service management company entering into a
contract with a service institution under this section may not subcontract with a single company for the total meal, with or without
milk, or for the assembly of the meal. The Secretary shall prescribe
additional conditions and limitations governing assignment of all or
any part of a contract entered into by a food service management
company under this section. Any food service management company shall, in its bid, provide the service institution information as
to its meal capacity.
10 Section 817(b) of P.L. 97–35, 95 Stat. 532, Aug. 13, 1981, eliminated subsection (i) concerning the Secretary’s authority to directly administer the program.

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(2) Each State may provide for the registration of food service
management companies.
(3) In accordance with regulations issued by the Secretary,
positive efforts shall be made by service institutions to use small
businesses and minority-owned businesses as sources of supplies
and services. Such efforts shall afford those sources the maximum
feasible opportunity to compete for contracts using program funds.
(4) Each State, with the assistance of the Secretary, shall establish a standard form of contract for use by service institutions
and food service management companies. The Secretary shall prescribe requirements governing bid and contract procedures for acquisition of the services of food service management companies, including, but not limited to, bonding requirements (which may provide exemptions applicable to contracts of $100,000 or less), procedures for review of contracts by States, and safeguards to prevent
collusive bidding activities between service institutions and food
service management companies.
(m) States and service institutions participating in programs
under this section shall keep such accounts and records as may be
necessary to enable the Secretary to determine whether there has
been compliance with this section and the regulations issued 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 five years, as the Secretary determines necessary.
(n) Each State desiring to participate in the program shall notify the Secretary by January 1 of each year of its intent to administer the program and shall submit for approval by February 15 a
management and administration plan for the program for the fiscal
year, which shall include, but not be limited to, (1) the State’s administrative budget for the fiscal year, and the State’s plans to
comply with any standards prescribed by the Secretary under subsection (k) of this section; (2) the State’s plans for use of program
funds and funds from within the State to the maximum extent
practicable to reach needy children; (3) the State’s plans for providing technical assistance and training eligible service institutions; (4) the State’s plans for monitoring and inspecting service institutions, feeding sites, and food service management companies
and for ensuring that such companies do not enter into contracts
for more meals than they can provide effectively and efficiently; (5)
the State’s plan for timely and effective action against program violators; and (6) the State’s plan for ensuring fiscal integrity by auditing service institutions not subject to auditing requirements prescribed by the Secretary.
(o)(1) Whoever, in connection with any application, procurement, recordkeeping entry, claim for reimbursement, or other document or statement made in connection with the program, knowingly and willfully falsifies, conceals, or covers up by any trick,
scheme, or device a material fact, or makes any false, fictitious, or
fraudulent statements or representations, or makes or uses any
false writing or document knowing the same to contain any false,
fictitious, or fraudulent statement or entry, or whoever, in connection with the program, knowingly makes an opportunity for any
person to defraud the United States, or does or omits to do any act
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72

with intent to enable any person to defraud the United States,
shall be fined not more than $10,000 or imprisoned not more than
five years, or both.
(2) Whoever being a partner, officer, director, or managing
agent connected in any capacity with any partnership, association,
corporation, business, or organization, either public or private, that
receives benefits under the program, knowingly or willfully embezzles, misapplies, steals, or obtains by fraud, false statement, or forgery, any benefits provided by this section or any money, funds, assets, or property derived from benefits provided by this section,
shall be fined not more than $10,000 or imprisoned for not more
than five years, or both (but, if the benefits, money, funds, assets,
or property involved is not over $200, then the penalty shall be a
fine or not more than $1,000 or imprisonment for not more than
one year, or both).
(3) If two or more persons conspire or collude to accomplish
any act made unlawful under this subsection, and one or more of
such persons to any act to effect the object of the conspiracy or collusion, each shall be fined not more than $10,000 or imprisoned for
not more than five years, or both.
(p)(1) In addition to the normal monitoring of organizations receiving assistance under this section, the Secretary shall establish
a system under which the Secretary and the States shall monitor
the compliance of private nonprofit organizations with the requirements of this section and with regulations issued to implement this
section.
(2) In the fiscal year 1990 and each succeeding fiscal year, the
Secretary may reserve for purposes of carrying out paragraph (1)
not more than 1⁄2 of 1 percent of amounts appropriated for purposes
of carrying out this section.
(q) TERMINATION AND DISQUALIFICATION OF PARTICIPATING ORGANIZATIONS.—
(1) IN GENERAL.—Each State agency shall follow the procedures established by the Secretary for the termination of participation of institutions under the program.
(2) FAIR HEARING.—The procedures described in paragraph
(1) shall include provision for a fair hearing and prompt determination for any service institution aggrieved by any action of
the State agency that affects—
(A) the participation of the service institution in the
program; or
(B) the claim of the service institution for reimbursement under this section.
(3) LIST OF DISQUALIFIED INSTITUTIONS AND INDIVIDUALS.—
(A) IN GENERAL.—The Secretary shall maintain a list
of service institutions and individuals that have been terminated or otherwise disqualified from participation in the
program under the procedures established pursuant to
paragraph (1).
(B) AVAILABILITY.—The Secretary shall make the list
available to States for use in approving or renewing applications by service institutions for participation in the program.
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 14

(r) For the period beginning October 1, 1977, and ending September 30, 2015, there are hereby authorized to be appropriated
such sums as are necessary to carry out the purposes of this section.
ø TEMPORARY EMERGENCY ASSISTANCE TO PROVIDE
NUTRITIOUS MEALS TO NEEDY CHILDREN IN SCHOOLS ¿
øSEC. 13A. 11 ø42 U.S.C. 1762¿¿
COMMODITY DISTRIBUTION PROGRAM

SEC. 14. ø42 U.S.C. 1762a¿ (a) Notwithstanding any other provision of law, the Secretary shall—
(1) use funds available to carry out the provisions of section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) which are
not expended or needed to carry out such provisions, to purchase (without regard to the provisions of existing law governing the expenditure of public funds) agricultural commodities and their products of the types customarily purchased
under such section (which may include domestic seafood commodities and their products), for donation to maintain the annually programmed level of assistance for programs carried on
under this Act, the Child Nutrition Act of 1966 ø(42 U.S.C.
1771 et seq.)¿, and title III of the Older Americans Act of 1965
ø(42 U.S.C. 3021 et seq.)¿; and
(2) if stocks of the Commodity Credit Corporation are not
available, use the funds of such Corporation to purchase agricultural commodities and their products of the types customarily available under section 416 of the Agricultural Act of
1949 (7 U.S.C. 1431), for such donation.
(b)(1) The Secretary shall maintain and continue to improve
the overall nutritional quality of entitlement commodities provided
to schools to assist the schools in improving the nutritional content
of meals.
(2) The Secretary shall—
(A) require that nutritional content information labels be
placed on packages or shipments of entitlement commodities
provided to the schools; or
(B) otherwise provide nutritional content information regarding the commodities provided to the schools.
(c) The Secretary may use funds appropriated from the general
fund of the Treasury to purchase agricultural commodities and
their products of the types customarily purchased for donation
under section 311(a)(4) of the Older Americans Act of 1965 (42
U.S.C. 3030(a)(4)) or for cash payments in lieu of such donations
under section 311(b)(1) of such Act (42 U.S.C. 3030(b)(1)). 12 There
are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection.
(d) In providing assistance under this Act and the Child Nutrition Act of 1966 ø(42 U.S.C. 1771 et seq.)¿ for school lunch and
breakfast programs, the Secretary shall establish procedures which
will—
11 This

section repealed by section 308 of P.L. 101–147, 103 Stat. 915, Nov. 10, 1989.
to 42 U.S.C. 3030(b)(1) probably should be to 42 U.S.C. 3030a(b)(1).

12 Citation

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