US Code

Public Law 119-83 (04/13/2026)

42 U.S.C. § 1765

Election to receive cash payments

(a)
42 U.S.C. 1771section 1755(c) of this title Notwithstanding any other provision of law, where a State phased out its commodity distribution facilities prior to , such State may, for purposes of the programs authorized by this chapter and the Child Nutrition Act of 1966 [ et seq.], elect to receive cash payments in lieu of donated foods. Where such an election is made, the Secretary shall make cash payments to such State in an amount equivalent in value to the donated foods that the State would otherwise have received if it had retained its commodity distribution facilities. The amount of cash payments in the case of lunches shall be governed by .
(b)
When such payments are made, the State educational agency shall promptly and equitably disburse any cash it receives in lieu of commodities to eligible schools and institutions, and such disbursements shall be used by such schools and institutions to purchase United States agricultural commodities and other foods for their food service programs.

June 4, 1946, ch. 281, § 16 Pub. L. 94–105, § 1289 Stat. 515 Pub. L. 101–147, title III, § 309103 Stat. 915 Pub. L. 105–336, title I, § 101(b)112 Stat. 3144 (, as added , , ; amended , , ; , , .)

Editorial Notes

References in Text

Pub. L. 89–64280 Stat. 885 section 1771 of this titleThe Child Nutrition Act of 1966, referred to in subsec. (a), is , , , which is classified generally to chapter 13A (§ 1771 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 105–3361998—Subsec. (a). substituted “1755(c)” for “1755(e)”.

Pub. L. 101–1471989— inserted “Election to receive cash payments” as section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–336section 401 of Pub. L. 105–336section 1755 of this titleAmendment by effective , see , set out as a note under .