US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1760

Miscellaneous provisions

(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

(1)

In general

42 U.S.C. 177142 U.S.C. 1771The Secretary shall incorporate, in the agreement of the Secretary with the State agencies and Indian Tribal organizations administering programs authorized under this chapter or the Child Nutrition Act of 1966 ( et seq.), the express requirements with respect to the operation of the programs to the extent applicable and such other provisions as in the opinion of the Secretary are reasonably necessary or appropriate to effectuate the purposes of this chapter and the Child Nutrition Act of 1966 ( et seq.).

(2)

Expectations for use of funds

Agreements described in paragraph (1) shall include a provision that—
(A)
42 U.S.C. 1771 supports full use of Federal funds provided to State agencies and Indian Tribal organizations for the administration of programs authorized under this chapter or the Child Nutrition Act of 1966 ( et seq.); and
(B)
excludes the Federal funds from State and Indian Tribal organization budget restrictions or limitations including, at a minimum—
(i)
hiring freezes;
(ii)
work furloughs; and
(iii)
travel restrictions.
(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)
section 1766(a) of this title is attending any institution, as defined in , 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 .—

section 1766 of this titleNo institution that is not otherwise eligible to participate in the program under 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 .—

section 7801 of title 20The term “local educational agency” has the meaning given the term in .
(B)

Inclusion .—

The term “local educational agency” includes, in the case of a private nonprofit school, an appropriate entity determined by the Secretary.
(5)
section 501(c)(3) of title 26 “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 .
(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.

42 U.S.C. 1773In 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 [], 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

42 U.S.C. 1771Whoever 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 [ 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

42 U.S.C. 1771No provision of this chapter or of the Child Nutrition Act of 1966 [ 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

42 U.S.C. 177142 U.S.C. 3001Facilities, equipment, and personnel provided to a school food authority for a program authorized under this chapter or the Child Nutrition Act of 1966 [ 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 [ 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)

Pub. L. 111–296, title IV, § 441(a)(4)124 Stat. 3261 Repealed. , ,

(l)

Waiver of statutory and regulatory requirements

(1)
(A)
42 U.S.C. 1771 Except as provided in paragraph (4), the Secretary may waive any requirement under this chapter or the Child Nutrition Act of 1966 ( 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)
42 U.S.C. 1771 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 ( 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)
section 1762a of this title the commodity distribution program under ;
(L)
42 U.S.C. 1786 the special supplemental nutrition program authorized under section 17 of the Child Nutrition Act of 1966 (); or
(M)
enforcement of any constitutional or statutory right of an individual, including any right under—
(i)
42 U.S.C. 2000d title VI of the Civil Rights Act of 1964 ( et seq.);
(ii)
29 U.S.C. 794 section 504 of the Rehabilitation Act of 1973 ();
(iii)
20 U.S.C. 1681 title IX of the Education Amendments of 1972 ( et seq.);
(iv)
42 U.S.C. 6101 the Age Discrimination Act of 1975 ( et seq.);
(v)
42 U.S.C. 12101 the Americans with Disabilities Act of 1990 ( et seq.); and
(vi)
20 U.S.C. 1400 the Individuals with Disabilities Education Act ( 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)
section 1761 of this title a service institution or private nonprofit organization described in ; or
(C)
section 1766 of this title a family or group day care home sponsoring organization described in .
(m)

Procurement training

(1)

In general

42 U.S.C. 177142 U.S.C. 1786Subject 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 ( et seq.) (other than section 17 of that Act ()).

(2)

Buy American training

Activities carried out under paragraph (1) shall include technical assistance and training to ensure compliance with subsection (n).

(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 2010 through 2015, 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)
42 U.S.C. 1773 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 ().
(3)

Applicability to Hawaii

42 U.S.C. 1773Paragraph (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 ().

(4)

Applicability to Puerto Rico

42 U.S.C. 1773Paragraph (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 ().

(o)

Procurement contracts

42 U.S.C. 177142 U.S.C. 1786In acquiring a good or service for programs under this chapter or the Child Nutrition Act of 1966 ( et seq.) (other than section 17 of that Act ()), 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.

(p)

Price for a paid lunch

(1)

Definition of paid lunch

In this subsection, the term “paid lunch” means a reimbursable lunch served to students who are not certified to receive free or reduced price meals.

(2)

Requirement

(A)

In general

For each school year beginning , each school food authority shall establish a price for paid lunches in accordance with this subsection.

(B)

Lower price

(i)

In general

In the case of a school food authority that established a price for a paid lunch in the previous school year that was less than the difference between the total Federal reimbursement for a free lunch and the total Federal reimbursement for a paid lunch, the school food authority shall establish an average price for a paid lunch that is not less than the price charged in the previous school year, as adjusted by a percentage equal to the sum obtained by adding—
(I)
2 percent; and
(II)
section 1759a of this title the percentage change in the Consumer Price Index for All Urban Consumers (food away from home index) used to increase the Federal reimbursement rate under for the most recent school year for which data are available, as published in the Federal Register.
(ii)

Rounding

A school food authority may round the adjusted price for a paid lunch under clause (i) down to the nearest 5 cents.

(iii)

Maximum required price increase

(I)

In general

The maximum annual average price increase required to meet the requirements of this subparagraph shall not exceed 10 cents for any school food authority.

(II)

Discretionary increase

A school food authority may increase the average price for a paid lunch for a school year by more than 10 cents.

(C)

Equal or greater price

(i)

In general

In the case of a school food authority that established an average price for a paid lunch in the previous school year that was equal to or greater than the difference between the total Federal reimbursement for a free lunch and the total Federal reimbursement for a paid lunch, the school food authority shall establish an average price for a paid lunch that is not less than the difference between the total Federal reimbursement for a free lunch and the total Federal reimbursement for a paid lunch.

(ii)

Rounding

A school food authority may round the adjusted price for a paid lunch under clause (i) down to the nearest 5 cents.

(3)

Exceptions

(A)

Reduction in price

A school food authority may reduce the average price of a paid lunch established under this subsection if the State agency ensures that funding from non-Federal sources (other than in-kind contributions) is added to the nonprofit school food service account of the school food authority in an amount estimated to be equal to at least the difference between—
(i)
the average price required of the school food authority for the paid lunches under paragraph (2); and
(ii)
the average price charged by the school food authority for the paid lunches.
(B)

Non-Federal sources

42 U.S.C. 1773For the purposes of subparagraph (A), non-Federal sources does not include revenue from the sale of foods sold in competition with meals served under the school lunch program authorized under this chapter or the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ().

(C)

Other programs

section 1766 of this titleThis subsection shall not apply to lunches provided under .

(4)

Regulations

The Secretary shall establish procedures to carry out this subsection, including collecting and publishing the prices that school food authorities charge for paid meals on an annual basis and procedures that allow school food authorities to average the pricing of paid lunches at schools throughout the jurisdiction of the school food authority.

(q)

Nonprogram food sales

(1)

Definition of nonprogram food

In this subsection:
(A)

In general

The term “nonprogram food” means food that is—
(i)
42 U.S.C. 1771 sold in a participating school other than a reimbursable meal provided under this chapter or the Child Nutrition Act of 1966 ( et seq.); and
(ii)
purchased using funds from the nonprofit school food service account of the school food authority of the school.
(B)

Inclusion

42 U.S.C. 1771The term “nonprogram food” includes food that is sold in competition with a program established under this chapter or the Child Nutrition Act of 1966 ( et seq.).

(2)

Revenues

(A)

In general

The proportion of total school food service revenue provided by the sale of nonprogram foods 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 .

(r)

Disqualified schools, institutions, and individuals

42 U.S.C. 1771section 1761 of this titlesection 1766(d)(5)(E) of this title42 U.S.C. 1771Any school, institution, service institution, facility, or individual that has been terminated from any program authorized under this chapter or the Child Nutrition Act of 1966 ( et seq.) and is on a list of disqualified institutions and individuals under or may not be approved to participate in or administer any program authorized under this chapter or the Child Nutrition Act of 1966 ( et seq.).

June 4, 1946, ch. 281, § 1260 Stat. 233July 12, 1952, ch. 699, § 1(c)66 Stat. 591Pub. L. 87–688, § 3(a)76 Stat. 587Pub. L. 87–823, § 576 Stat. 945Pub. L. 91–248, § 1(b)84 Stat. 208Pub. L. 94–105, § 989 Stat. 514Pub. L. 95–16691 Stat. 1332Pub. L. 95–62792 Stat. 3620Pub. L. 96–499, title II, § 20594 Stat. 2601Pub. L. 97–35, title VIII95 Stat. 527Pub. L. 99–500, title III100 Stat. 1783–361Pub. L. 99–591, title III100 Stat. 3341–364Pub. L. 99–661, div. D, title II100 Stat. 4072Pub. L. 100–71, title I, § 101(a)101 Stat. 429Pub. L. 101–147, title III103 Stat. 914Pub. L. 103–448, title I108 Stat. 4708–4712Pub. L. 104–193, title VII110 Stat. 2288Pub. L. 105–336, title I112 Stat. 3147Pub. L. 106–224, title II, § 242(b)(3)114 Stat. 412Pub. L. 107–171, title IV, § 4304116 Stat. 331Pub. L. 108–265, title I118 Stat. 746Pub. L. 111–296, title II124 Stat. 3218Pub. L. 114–95, title IX, § 9215(nnn)129 Stat. 2188Pub. L. 117–328, div. HH, title IV, § 502(a)136 Stat. 5988(, formerly § 11, ; , ; , , ; renumbered § 12 and amended , , ; , , ; , , ; , §§ 3, 19(c), , , 1345; , §§ 6(a), 10(a), (b), , , 3623; , , ; , §§ 808(a), 813(d), 819(c), , , 530, 533; , §§ 325(a), 326, 373(a), , , 1783–369, and , §§ 325(a), 326, 373(a), , , 3341–365, 3341–372; , §§ 4205(a), 4206, title V, § 4503(a), , , 4073, 4081; , , ; , §§ 306, 312(1), , , 916; , §§ 112(a)(1), (b)–(d), 113, , ; , §§ 701(b), 705, , , 2290; , §§ 104, 107(j)(3)(A), , , 3153; , , ; , , ; , §§ 108(b), 114, 115, title II, § 203(i)(2), , , 748, 780; , §§ 205, 206, title III, §§ 361, 362, title IV, §§ 403, 441(a)(4), , , 3220, 3258, 3259, 3261; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 89–64280 Stat. 885section 1771 of this titleThe Child Nutrition Act of 1966, referred to in text, 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.

Pub. L. 93–11287 Stat. 355section 701 of Title 29The Rehabilitation Act of 1973, referred to in subsec. (d)(3), is , , , which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. Title II of the Act is classified generally to subchapter II (§ 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 and Tables.

Pub. L. 89–7379 Stat. 218section 3001 of this titleThe Older Americans Act of 1965, referred to in subsec. (i), is , , , which is classified generally to chapter 35 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

lPub. L. 88–35278 Stat. 241section 2000a of this titleThe Civil Rights Act of 1964, referred to in subsec. ()(4)(M)(i), is , , . Title VI of the Act is classified generally to subchapter V (§ 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 and Tables.

lPub. L. 92–31886 Stat. 235section 1681 of Title 20The Education Amendments of 1972, referred to in subsec. ()(4)(M)(iii), is , , . Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under and Tables.

lPub. L. 94–13589 Stat. 728section 6101 of this titleThe Age Discrimination Act of 1975, referred to in subsec. ()(4)(M)(iv), is title III of , , , which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

lPub. L. 101–336104 Stat. 327section 12101 of this titleThe Americans with Disabilities Act of 1990, referred to in subsec. ()(4)(M)(v), is , , , which is classified principally to chapter 126 (§ 12101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

lPub. L. 91–23084 Stat. 175section 1400 of Title 20The Individuals with Disabilities Education Act, referred to in subsec. ()(4)(M)(vi), is title VI of , , , which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see and Tables.

Codification

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

Amendments

Pub. L. 117–328, § 502(a)(1)2022—Subsec. (b). , inserted “and Indian Tribal organizations” after “State agencies” in pars. (1) and (2)(A).

Pub. L. 117–328, § 502(a)(2)Subsec. (b)(2)(B). , inserted “and Indian Tribal organization” before “budget” in introductory provisions.

Pub. L. 114–95section 7801 of title 202015—Subsec. (d)(4)(A). made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 111–296, § 3612010—Subsec. (b). , added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “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.”

Pub. L. 111–296, § 441(a)(4)Subsec. (k). , struck out subsec. (k) which related to expedited rulemaking.

Pub. L. 111–296, § 403Subsec. (m)(4). , substituted “2010 through 2015” for “2005 through 2009”.

Pub. L. 111–296, § 205Subsec. (p). , added subsec. (p).

Pub. L. 111–296, § 206Subsec. (q). , added subsec. (q).

Pub. L. 111–296, § 362Subsec. (r). , added subsec. (r).

Pub. L. 108–265, § 108(b)2004—Subsec. (d)(3) to (9). , redesignated par. (8) as (3), added par. (4), and redesignated former pars. (3) to (7) as (5) to (9), respectively.

Pub. L. 108–265, § 115Subsec. (m). , added subsec. (m).

Pub. L. 108–265, § 114, struck out subsec. (m), which related to grants for food and nutrition projects for each of fiscal years 1995 through 2003.

Pub. L. 108–265, § 203(i)(2)section 1786(r) of this titleSubsec. (p). , struck out subsec. (p), which authorized grants for carrying out the demonstration project under and directed the Secretary to conduct an evaluation of such project and grant program.

Pub. L. 107–1712002—Subsec. (n)(4). added par. (4).

Pub. L. 106–2242000—Subsec. (p). added subsec. (p).

Pub. L. 105–336, § 107(j)(3)(A)(i)1998—Subsec. (d)(1)(A)(i), (ii). , struck out “mental or physical” before “disabilities”.

Pub. L. 105–336, § 107(j)(3)(A)(ii)Subsec. (d)(8). , added par. (8).

Pub. L. 105–336, § 104(a)Subsec. (f). , 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.

Pub. L. 105–336, § 104(b)Subsec. (g). , substituted “$25,000” for “$10,000”.

Pub. L. 105–336, § 104(c)Subsec. (m)(3), (5). , substituted “2003” for “1998”.

Pub. L. 105–336, § 104(d)Subsec. (n). , added subsec. (n).

oPub. L. 105–336, § 104(e)oSubsec. (). , added subsec. ().

Pub. L. 104–193, § 705(a)1996—Subsec. (a). , substituted “be available at any reasonable time” for “at all times be available”.

Pub. L. 104–193, § 705(b)Subsec. (c). , substituted “the Secretary shall not” for “neither the Secretary nor the State shall”.

Pub. L. 104–193, § 705(c)(3)Subsec. (d)(1). , redesignated par. (9) as (1). Former par. (1) redesignated (6).

Pub. L. 104–193, § 705(c)(1), substituted “the Commonwealth of the Northern Mariana Islands” for “the Trust Territory of the Pacific Islands”.

Pub. L. 104–193, § 705(c)(3)Subsec. (d)(2). , redesignated par. (7) as (2). Former par. (2) redesignated (7).

Pub. L. 104–193, § 705(c)(2)section 1758 of this titleSubsec. (d)(3). , (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 , 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.”

Pub. L. 104–193, § 705(c)(2)Subsec. (d)(4). , (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 .”

Pub. L. 104–193, § 705(c)(3)Subsec. (d)(5). , redesignated par. (8) as (5). Former par. (5) redesignated (3).

Pub. L. 104–193, § 705(c)(3)Subsec. (d)(6), (7). , redesignated pars. (1) and (2) as (6) and (7), respectively. Former pars. (6) and (7) redesignated (4) and (2), respectively.

Pub. L. 104–193, § 705(c)(3)Subsec. (d)(8). , redesignated par. (8) as (5).

Pub. L. 104–193, § 705(c)(3)Subsec. (d)(9). , redesignated par. (9) as (1).

Pub. L. 104–193, § 701(b), added par. (9).

Pub. L. 104–193, § 705(d)Subsec. (f). , struck out “the Trust Territory of the Pacific Islands,” after “the Virgin Islands of the United States,”.

Pub. L. 104–193, § 705(e)(3)section 5341 of title 7Subsec. (k)(1). , substituted “with the guidelines contained in the most recent ‘Dietary Guidelines for Americans’ that is published under ” for “with the Guidelines” in introductory provisions.

Pub. L. 104–193, § 705(e)(1)section 5341 of title 7, (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 (referred to in this subsection as the ‘Guidelines’), the Secretary shall issue proposed regulations permitting the use of food-based menu systems.”

Pub. L. 104–193, § 705(e)(1)Subsec. (k)(2). , (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

42 U.S.C. 1771“(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 ( et seq.);

to discuss and obtain public comments on the proposed rule.”

Pub. L. 104–193, § 705(e)(2)Subsec. (k)(3), (4). , redesignated pars. (3) and (4) as (1) and (2), respectively.

Pub. L. 104–193, § 705(e)(1)Subsec. (k)(5). , 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).”

lPub. L. 104–193, § 705(f)(1)Subsec. ()(2)(A)(iii) to (vii). , 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.”

lPub. L. 104–193, § 705(f)(2)Subsec. ()(3). , 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.”

lPub. L. 104–193, § 705(f)(3)(A)Subsec. ()(4). , substituted “that increases Federal costs or that relates to” for “of any requirement relating to” in introductory provisions.

lPub. L. 104–193, § 705(f)(3)(B)Subsec. ()(4)(D) to (K). , (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;”.

lPub. L. 104–193, § 705(f)(3)(D)Subsec. ()(4)(L). , substituted “or” for “and” at end.

Pub. L. 104–193, § 705(f)(3)(C), redesignated subpar. (M) as (L). Former subpar. (L) redesignated (K).

lPub. L. 104–193, § 705(f)(3)(C)Subsec. ()(4)(M), (N). , redesignated subpar. (N) as (M). Former subpar. (M) redesignated (L).

lPub. L. 104–193, § 705(f)(4)Subsec. ()(6). , 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.”

Pub. L. 103–448, § 112(a)(1)1994—Subsec. (d)(5). , 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”.

Pub. L. 103–448Subsecs. (j) to (m). , §§ 112(b)–(d), 113, added subsecs. (j) to (m).

Pub. L. 101–147, § 312(1)1989—Subsec. (a). , substituted “school lunch” for “school-lunch”.

Pub. L. 101–147Subsec. (b). , §§ 306(b)(1), 312(1), substituted “the Secretary’s” for “his” in two places and “school lunch” for “school-lunch”.

Pub. L. 101–147, § 306(b)(2)Subsec. (d)(5). , 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.

Pub. L. 101–147, § 306(a)(1)Pub. L. 99–500Pub. L. 99–661, § 4503(a)Pub. L. 99–661Subsec. (d)(8). , amended par. (8), as amended identically by and 99–591, § 373(a), and , to read as if only the amendment by was enacted, resulting in no change in text, see 1986 Amendment note below.

Pub. L. 101–147, § 306(b)(3)Subsec. (g). , substituted “personal” for “his” before “use”.

Pub. L. 101–147, § 306(b)(4)42 U.S.C. 177142 U.S.C. 3001Subsec. (i). , struck out “( et seq.)” after “Child Nutrition Act of 1966” and “( et seq.)” after “Older Americans Act of 1965”.

Pub. L. 101–147, § 306(a)(2)Pub. L. 99–500Pub. L. 99–661, § 4206Pub. L. 99–661, amended subsec. (i), as amended identically by and 99–591, § 326, and , to read as if only the amendment by was enacted, resulting in no change in text, see 1986 Amendment note below.

Pub. L. 100–71section 501(c)(3) of title 261987—Subsec. (d)(5). 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 . On , 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.”

Pub. L. 99–661, § 4205(a)(2)1986—Subsec. (d)(5). , inserted “On , 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.”

Pub. L. 99–500Pub. L. 99–591, § 325(a)Pub. L. 99–661, § 4205(a)(1)Subsec. (d)(5)(A). and , 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 . See below.

Pub. L. 99–661, § 4205(a)(1), substituted “$2,000” for “$1,500”.

Pub. L. 99–500Pub. L. 99–591, § 373(a)Pub. L. 99–661, § 4503(a)Subsec. (d)(8). and , and , amended subsec. (d) identically, adding par. (8).

Pub. L. 99–500Pub. L. 99–591, § 326Pub. L. 99–661, § 4206Subsec. (i). and , and , amended section identically, adding subsec. (i).

Pub. L. 97–35, § 819(c)(1)1981—Subsec. (d). , 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, § 808(a), inserted reference to private schools in par. (6).

Pub. L. 97–35, § 813(d), added par. (8).

Pub. L. 97–35, § 819(c)(2)Subsec. (h). , struck out provisions relating to net cost of operating limitation.

Pub. L. 96–4991980—Subsec. (d)(6). inserted “, but excluding Job Corps Centers funded by the Department of Labor”.

Pub. L. 95–627, § 10(b)1978—Subsec. (d)(7). , substituted “from July 1 through June 30” for “determined in accordance with regulations issued by the Secretary”.

Pub. L. 95–627, § 10(a)Subsecs. (f), (g). , added subsecs. (f) and (g).

Pub. L. 95–627, § 6(a)Subsec. (h). , added subsec. (h).

Pub. L. 95–166, § 31977—Subsec. (d)(3). , substituted “food service equipment assistance” for “nonfood assistance”.

Pub. L. 95–166, § 19(c)Subsec. (d)(7). , added par. (7).

Pub. L. 94–105, § 9(b)1975—Subsec. (d)(1). , inserted reference to Trust Territory of the Pacific Islands.

Pub. L. 94–105, § 9(a)section 501(c)(3) of title 26Subsec. (d)(3) to (7). , (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 .

Pub. L. 94–105, § 9(d)Subsec. (e). , added subsec. (e).

Pub. L. 91–2481970—Subsec. (d)(5). 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.

Pub. L. 87–8231962—Subsec. (c). struck out requirement of just and equitable distribution of funds in States maintaining separate schools for minority and majority races.

Pub. L. 87–823section 501(c)(3) of title 26section 101(6) of title 26Subsec. (d). 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 ; “nonprofit private school” in par. (3), substituting “” for “”; 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 , included Guam within definition of State.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, .

Effective Date of 2015 Amendment

Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.

Effective Date of 2010 Amendment

Pub. L. 111–296section 445 of Pub. L. 111–296section 1751 of this titleAmendment by effective , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 2002 Amendment

Pub. L. 107–171section 4405 of Pub. L. 107–171section 1161 of Title 2Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , The Congress.

Effective Date of 2000 Amendment

Pub. L. 106–224section 242(c) of Pub. L. 106–224section 1758 of this titleAmendment by effective , see , set out as a note under .

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 .

Effective Date of 1994 Amendment

Pub. L. 103–448, title I, § 112(a)(2)108 Stat. 4708

“The amendments made by paragraph (1) [amending this section] shall become effective on .”
, , , provided that:

Pub. L. 103–448section 401 of Pub. L. 103–448section 1755 of this titleAmendment by sections 112(b)–(d) and 113 of effective , see , set out as a note under .

Effective Date of 1987 Amendment

Pub. L. 100–71, title I, § 101(c)101 Stat. 430

“The amendments made by subsections (a) and (b) [amending sections 1760 and 1784 of this title] shall take effect on .”
, , , provided that:

Effective Date of 1986 Amendments

Pub. L. 99–661, div. D, title II, § 4205(c)100 Stat. 4073

“(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 , 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 , and each school year thereafter.”
, , , provided that:

Pub. L. 99–500, title III, § 325(c)100 Stat. 1783–361Pub. L. 99–591, title III, § 325(c)100 Stat. 3341–365

“The amendments made by this section [amending sections 1760 and 1784 of this title] shall take effect .”
, , , and , , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–35section 813 of Pub. L. 97–35Pub. L. 97–35section 1753 of this titleAmendment by sections 808 and 819 of effective , and amendment by effective 90 days after , see section 820(a)(3)–(5) of , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–627section 14 of Pub. L. 95–627section 1755 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–166, § 1991 Stat. 1345, , , provided that the amendment made by that section is effective .

Effective Date of 1962 Amendment

Pub. L. 87–688section 3(b) of Pub. L. 87–688section 1753 of this titleAmendment by applicable only with respect to funds appropriated after , see , set out as a note under .

Effective Date of 1952 Amendment

section 1753 of this titleAmendment by act , effective only with respect to funds appropriated after , see section 1(d) of act , set out as a note under .

Nationwide Waiver for School Year 2022–2023

Pub. L. 117–158, § 2(d)136 Stat. 1310

“(1)

In general .—

l42 U.S.C. 1760lFor purposes of school year 2022-2023, the Secretary of Agriculture may establish waivers under section 12() of the Richard B. Russell National School Lunch Act (())—
“(A)
on a nationwide basis; and
“(B)
without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request.
“(2)

Sunset .—

l42 U.S.C. 1760lA nationwide waiver established by the Secretary of Agriculture under section 12() of the Richard B. Russell National School Lunch Act (()) pursuant to paragraph (1) shall not be in effect after .”
, , , provided that:

Operationally Ready

Pub. L. 117–158, § 5136 Stat. 1312

Pub. L. 117–15842 U.S.C. 1760Public Law 116–127“The Secretary of Agriculture shall ensure that technical assistance is made available to States and school food authorities for purposes of assisting parents and school leaders with respect to the transition of operating school meal programs not pursuant to a waiver under section 2(d) [of , set out as a note above] or section 2202 of the Families First Coronavirus Response Act ( note; ).”
, , , provided that:

Waiver Exception for School Closures Due to COVID–19

Pub. L. 116–127, div. B, title I, § 2102134 Stat. 184

“(a)

In General .—

l42 U.S.C. 1760lThe requirements under section 12()(1)(A)(iii) of the Richard B. Russell National School Lunch Act (()(1)(A)(iii)) shall not apply to a qualified COVID–19 waiver.
“(b)

Allowable Increase in Federal Costs .—

l42 U.S.C. 1760lNotwithstanding paragraph (4) of section 12() of the Richard B. Russell National School Lunch Act (()), the Secretary of Agriculture may grant a qualified COVID–19 waiver that increases Federal costs.
“(c)

Termination After Periodic Review .—

l42 U.S.C. 1760lThe requirements under section 12()(5) of the Richard B. Russell National School Lunch Act (()(5)) shall not apply to a qualified COVID–19 waiver.
“(d)

Qualified COVID– Waiver 19.—

In this section, the term ‘qualified COVID–19 waiver’ means a waiver—
“(1)
42 U.S.C. 1760(d)(8)l42 U.S.C. 1760l requested by a State (as defined in section 12(d)(8) of the Richard B. Russell National School Lunch Act ()) or eligible service provider under section 12() of the Richard B. Russell National School Lunch Act (()); and
“(2)
42 U.S.C. 175142 U.S.C. 1771 to waive any requirement under such Act ( et seq.) or the Child Nutrition Act of 1966 ( et seq.), or any regulation issued under either such Act, for purposes of providing meals and meal supplements under such Acts during a school closure due to COVID–19.”
, , , provided that:

National School Lunch Program Requirement Waivers Addressing COVID–19

Pub. L. 116–127, div. B, title II, § 2202134 Stat. 185Pub. L. 116–159, div. D, title VI, § 4602(a)134 Stat. 745Pub. L. 117–43, div. D, title I, § 3102(a)135 Stat. 380Pub. L. 117–158, § 2(b)136 Stat. 1309

“(a)

Nationwide Waiver.—

“(1)

In general .—

l42 U.S.C. 1760lNotwithstanding any other provision of law, the Secretary may establish a waiver for all States under section 12() of the Richard B. Russell National School Lunch Act (()) due to the COVID–19 pandemic, for purposes of—
“(A)
providing meals and meal supplements under a qualified program; or
“(B)
ensuring continuity of program operation under a qualified program.
“(2)

State election .—

A waiver established under paragraph (1) shall—
“(A)
l42 U.S.C. 1760l notwithstanding paragraph (2) of section 12() of the Richard B. Russell National School Lunch Act (()), apply automatically to any State that elects to be subject to the waiver without further application; and
“(B)
not be subject to the requirements under paragraph (3) of such section.
“(b)

Child and Adult Care Food Program Waiver .—

l42 U.S.C. 1760l42 U.S.C. 1766Notwithstanding any other provision of law, the Secretary may grant a waiver under section 12() of the Richard B. Russell National School Lunch Act (()) to allow non-congregate feeding under a child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act () if such waiver is for the purposes of—
“(1)
providing meals and meal supplements under such child and adult care food program; and
“(2)
carrying out paragraph (1) with appropriate safety measures with respect to COVID–19, as determined by the Secretary.
“(c)

Meal Pattern Waiver .—

l42 U.S.C. 1760lNotwithstanding paragraph (4)(A) of section 12() of the Richard B. Russell National School Lunch Act (()) the Secretary may grant a waiver under such section that relates to the nutritional content of meals served if the Secretary determines that—
“(1)
such waiver is necessary to provide meals and meal supplements under a qualified program; and
“(2)
there is a supply chain disruption with respect to foods served under such a qualified program and such disruption is due to COVID–19.
“(d)

Reports .—

Each State that receives a waiver under subsection (a), (b), or (c), shall, not later than 1 year after the date such State received such waiver, submit a report to the Secretary that includes a summary of the use of such waiver by the State and eligible service providers.
“(e)

Sunset .—

“(1)

Nationwide waivers .—

The authority of the Secretary to establish or grant a waiver under subsection (a) shall expire on .
“(2)

Waiver restriction .—

After , a waiver established or granted under subsection (a) shall only apply to schools or summer food service program food service sites—
“(A)
operating—
“(i)
the qualified program described in subsection (f)(1)(D); or
“(ii)
42 U.S.C. 1761(a)(8) the option described in section 13(a)(8) of the Richard B. Russell National School Lunch Act (); and
“(B)
not operating the qualified program described in subsection (f)(1)(A).
“(3)

Other waivers .—

“(A)

Child and adult care food program waiver .—

The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on .
“(B)

Meal pattern waiver .—

The authority of the Secretary to establish or grant a waiver under subsection (c) shall expire on .
“(4)

Limitations .—

A waiver authorized by the Secretary under this section shall not be in effect after the date on which the authority of the Secretary to establish or grant that waiver under this subsection expires.
“(f)

Definitions .—

In this section:
“(1)

Qualified program .—

The term ‘qualified program’ means the following:
“(A)
42 U.S.C. 1751 The school lunch program under the Richard B. Russell National School Lunch Act ( et seq.).
“(B)
42 U.S.C. 1773 The school breakfast program under section 4 of the Child Nutrition Act of 1966 ().
“(C)
42 U.S.C. 1766 The child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act ().
“(D)
42 U.S.C. 1761 The summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act ().
“(2)

Secretary .—

The term ‘Secretary’ means the Secretary of Agriculture.
“(3)

State .—

42 U.S.C. 1760(d)(8)The term ‘State’ has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act ().”
, , , as amended by , , ; , , ; , , , provided that:

Buy American Requirements

Pub. L. 115–334, title IV, § 4207132 Stat. 4666

“(a)

Enforcement .—

Not later than 180 days after the date of the enactment of this Act [], the Secretary of Agriculture shall—
“(1)
42 U.S.C. 1760(n) enforce full compliance with the requirements of section 12(n) of the Richard B. Russell National School Lunch Act () for purchases of agricultural commodities, including fish, meats, vegetables, and fruits, and the products thereof, and
“(2)
42 U.S.C. 1751 ensure that States and school food authorities fully understand their responsibilities under such Act [ et seq.].
“(b)

Requirement .—

The products of the agricultural commodities described in subsection (a)(1) shall be processed in the United States and substantially contain—
“(1)
meats, vegetables, fruits, and other agricultural commodities produced in—
“(A)
a State,
“(B)
the District of Columbia,
“(C)
the Commonwealth of Puerto Rico, or
“(D)
any territory or possession of the United States, or
“(2)
fish harvested—
“(A)
16 U.S.C. 1453 within the Exclusive Economic Zone of the United States, as described in Presidential Proclamation 5030 (48 Fed. Reg. 10605; ) [ note], or
“(B)
by a United States flagged vessel.
“(c)

Report .—

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the actions the Secretary has taken, and plans to take, to comply with this section.”
, , , provided that:

Study of Cost Accounting Requirements

Pub. L. 94–105, § 2189 Stat. 527, , , 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 .