42 U.S.C. § 1755 — Direct expenditures for agricultural com-

Page 4888 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1755 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 108–265, title V, § 502, June 30, 2004, 118 Stat. 789, as amended by Pub. L. 108–447, div. A, title VII, § 788(f), Dec. 8, 2004, 118 Stat. 2851, provided that: ‘‘(a) IN GENERAL.—Except as otherwise provided in this Act [see Short Title of 2004 Amendment note set out under section 1751 of this title], this Act and the amendments made by this Act take effect on the date of enactment of this Act [June 30, 2004]. ‘‘(b) SPECIAL EFFECTIVE DATES.— ‘‘(1) JULY 1, 2004.—The amendments made by sec- tions 106, 107, 126(c), and 201 [amending sections 1758, 1773, and 1776 of this title] take effect on July 1, 2004. ‘‘(2) OCTOBER 1, 2004.—The amendments made by sec- tions 119(c), 119(g), 202(a), 203(a), 203(b), 203(c)(1), 203(c)(5), 203(e)(8), 203(e)(10), 203(e)(13), 203(f), 203(h)(1), and 203(h)(2) [amending sections 1766, 1776, and 1786 of this title] take effect on October 1, 2004. ‘‘(3) JANUARY 1, 2005.—The amendments made by sec- tions 116(f)(1) and 116(f)(3) [amending section 1769 of this title] take effect on January 1, 2005. ‘‘(4) JULY 1, 2005.—The amendments made by sec- tions 102, 104 (other than section 104(a)(1)), 105, 111, and 126(b) [amending sections 1396a, 1758, 1759a, and 1769c of this title and section 2020 of Title 7, Agri- culture] take effect on July 1, 2005. ‘‘(5) OCTOBER 1, 2005.—The amendments made by sec- tions 116(d) and 203(e)(9) [amending sections 1761 and 1786 of this title] take effect on October 1, 2005.’’ § 1755. Direct expenditures for agricultural com- modities and other foods (a) Administrative expenses; nutritional edu- cation; pilot projects; cash-in-lieu of commod- ities study; refusal of commodities and re- ceipt of other commodities available to the State in lieu of the refused commodities The funds provided by appropriation or trans- fer from other accounts for any fiscal year for carrying out the provisions of this chapter, and for carrying out the provisions of the Child Nu- trition Act of 1966 [42 U.S.C. 1771 et seq.], other than section 3 thereof [42 U.S.C. 1772] less (1) not to exceed 31⁄2 per centum thereof which per centum is hereby made available to the Secretary for the Secretary’s administra- tive expenses under this chapter and under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.]; (2) the amount apportioned by the Secretary pursuant to section 1753 of this title and the amount appropriated pursuant to sections 1759a and 1761 of this title and sections 4 and 7 of the Child Nutrition Act of 1966 [42 U.S.C. 1773 and 1776]; and (3) not to exceed 1 per centum of the funds provided for carrying out the programs under this chapter and the programs under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], other than section 3 [42 U.S.C. 1772], which per centum is hereby made available to the Sec- retary to supplement the nutritional benefits of these programs through grants to States and other means for nutritional training and education for workers, cooperators, and par- ticipants in these programs, for pilot projects and the cash-in-lieu of commodities study re- quired to be carried out under section 1769 of this title, and for necessary surveys and stud- ies of requirements for food service programs in furtherance of the purposes expressed in section 1751 of this title, and section 2 of the Child Nutrition Act of 1966 [42 U.S.C. 1771], shall be available to the Secretary during such year for direct expenditure by the Secretary for agricultural commodities and other foods to be distributed among the States and schools and service institutions participating in the food service programs under this chapter and under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] in accordance with the needs as determined by the local school and service institution au- thorities. Except as provided in the next 2 sen- tences, any school participating in food service programs under this chapter may refuse to ac- cept delivery of not more than 20 percent of the total value of agricultural commodities and other foods tendered to it in any school year; and if a school so refuses, that school may re- ceive, in lieu of the refused commodities, other commodities to the extent that other commod- ities are available to the State during that year. Any school food authority may refuse some or all of the fresh fruits and vegetables offered to the school food authority in any school year and shall receive, in lieu of the offered fruits and vegetables, other more desirable fresh fruits and vegetables that are at least equal in value to the fresh fruits and vegetables refused by the school food authority. The value of any fresh fruits and vegetables refused by a school under the pre- ceding sentence for a school year shall not be used to determine the 20 percent of the total value of agricultural commodities and other foods tendered to the school food authority in the school year under the second sentence. The provisions of law contained in the proviso of sec- tion 713c of title 15, facilitating operations with respect to the purchase and disposition of sur- plus agricultural commodities under section 612c of title 7, shall, to the extent not incon- sistent with the provision of this chapter, also be applicable to expenditures of funds by the Secretary under this chapter. In making pur- chases of such agricultural commodities and other foods, the Secretary shall not issue speci- fications which restrict participation of local producers unless such specifications will result in significant advantages to the food service programs authorized by this chapter and the Child Nutrition Act of 1966. (b) Delivery of commodities The Secretary shall deliver, to each State par- ticipating in the school lunch program under this chapter, commodities valued at the total level of assistance authorized under subsection (c) 1 for each school year for the school lunch program in the State, not later than September 30 of the following school year. (c) Level of commodity assistance; computation of index; calculation of total assistance to each State; emphasis on high protein foods; per meal value of donated foods (1)(A) The national average value of donated foods, or cash payments in lieu thereof, shall be 11 cents, adjusted on July 1, 1982, and each July 1 thereafter to reflect changes in the Price Index for Food Used in Schools and Institutions. The Index shall be computed using 5 major food com- ponents in the Bureau of Labor Statistics’ Pro- ducer Price Index (cereal and bakery products, Page 4889 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1755 meats, poultry and fish, dairy products, proc- essed fruits and vegetables, and fats and oils). Each component shall be weighed using the same relative weight as determined by the Bu- reau of Labor Statistics. (B) The value of food assistance for each meal shall be adjusted each July 1 by the annual per- centage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year. Such adjustment shall be computed to the nearest 1⁄4 cent. (C) For each school year, the total commodity assistance or cash in lieu thereof available to a State for the school lunch program shall be cal- culated by multiplying the number of lunches served in the preceding school year by the rate established by subparagraph (B). After the end of each school year, the Secretary shall rec- oncile the number of lunches served by schools in each State with the number of lunches served by schools in each State during the preceding school year and increase or reduce subsequent commodity assistance or cash in lieu thereof provided to each State based on such reconcili- ation. (D) Among those commodities delivered under this section, the Secretary shall give special em- phasis to high protein foods, meat, and meat al- ternates (which may include domestic seafood commodities and their products). (E) Notwithstanding any other provision of this section, not less than 75 percent of the as- sistance provided under this subsection shall be in the form of donated foods for the school lunch program. (2) To the maximum extent feasible, each State agency shall offer to each school food au- thority under its jurisdiction that participates in the school lunch program and receives com- modities, agricultural commodities and their products, the per meal value of which is not less than the national average value of donated foods established under paragraph (1). Each such offer shall include the full range of such commodities and products that are available from the Sec- retary to the extent that quantities requested are sufficient to allow efficient delivery to and within the State. (d) Termination of commodity assistance based upon school breakfast program Beginning with the school year ending June 30, 1981, the Secretary shall not offer commodity assistance based upon the number of breakfasts served to children under section 4 of the Child Nutrition Act of 1966 [42 U.S.C. 1773]. (e) Minimum percentage of commodity assist- ance (1) Subject to paragraph (2), in each school year the Secretary shall ensure that not less than 12 percent of the assistance provided under section 1753 of this title, this section, and sec- tion 1759a of this title shall be in the form of— (A) commodity assistance provided under this section, including cash in lieu of commod- ities and administrative costs for procurement of commodities under this section; or (B) during the period beginning October 1, 2003, and ending September 30, 2018, commod- ities provided by the Secretary under any pro- vision of law. (2) If amounts available to carry out the re- quirements of the sections described in para- graph (1) are insufficient to meet the require- ment contained in paragraph (1) for a school year, the Secretary shall, to the extent nec- essary, use the authority provided under section 1762a(a) of this title to meet the requirement for the school year. (f) Pilot project for procurement of unprocessed fruits and vegetables (1) In general The Secretary shall conduct a pilot project under which the Secretary shall facilitate the procurement of unprocessed fruits and vegeta- bles in not more than 8 States receiving funds under this chapter. (2) Purpose The purpose of the pilot project required by this subsection is to provide selected States flexibility for the procurement of unprocessed fruits and vegetables by permitting each State— (A) to utilize multiple suppliers and prod- ucts established and qualified by the Sec- retary; and (B) to allow geographic preference, if de- sired, in the procurement of the products under the pilot project. (3) Selection and participation (A) In general The Secretary shall select States for par- ticipation in the pilot project in accordance with criteria established by the Secretary and terms and conditions established for participation. (B) Requirement The Secretary shall ensure that at least 1 project is located in a State in each of— (i) the Pacific Northwest Region; (ii) the Northeast Region; (iii) the Western Region; (iv) the Midwest Region; and (v) the Southern Region. (4) Priority In selecting States for participation in the pilot project, the Secretary shall prioritize ap- plications based on— (A) the quantity and variety of growers of local fruits and vegetables in the States on a per capita basis; (B) the demonstrated commitment of the States to farm-to-school efforts, as evi- denced by prior efforts to increase and pro- mote farm-to-school programs in the States; and (C) whether the States contain a sufficient quantity of local educational agencies, var- ious population sizes, and geographical loca- tions. (5) Recordkeeping and reporting requirements (A) Recordkeeping requirement States selected to participate in the pilot project, and participating school food au- thorities within those States, shall keep records of the fruits and vegetables received under the pilot project in such manner and form as requested by the Secretary. Page 4890 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1755 (B) Reporting requirement Each participating State shall submit to the Secretary a report on the success of the pilot project in the State, including informa- tion on— (i) the quantity and cost of each type of fruit and vegetable received by the State under the pilot project; and (ii) the benefit provided by those pro- curements in conducting school food serv- ice in the State, including meeting school meal requirements. (June 4, 1946, ch. 281, § 6, 60 Stat. 231; Pub. L. 87–823, § 3(b), Oct. 15, 1962, 76 Stat. 945; Pub. L. 90–302, § 2(a), May 8, 1968, 82 Stat. 117; Pub. L. 91–248, § 3, May 14, 1970, 84 Stat. 209; Pub. L. 93–13, § 2, Mar. 30, 1973, 87 Stat. 10; Pub. L. 93–150, § 5, Nov. 7, 1973, 87 Stat. 562; Pub. L. 93–326, § 3, June 30, 1974, 88 Stat. 286; Pub. L. 94–105, §§ 4, 11, Oct. 7, 1975, 89 Stat. 511, 515; Pub. L. 95–166, §§ 5, 7, 10(1), 19(a), Nov. 10, 1977, 91 Stat. 1334–1336, 1345; Pub. L. 95–627, §§ 5(b), 12(a), Nov. 10, 1978, 92 Stat. 3619, 3625; Pub. L. 96–499, title II, § 202(b), Dec. 5, 1980, 94 Stat. 2600; Pub. L. 97–35, title VIII, §§ 802, 819(h), Aug. 13, 1981, 95 Stat. 524, 533; Pub. L. 99–500, title III, §§ 321, 371(c)(2), Oct. 18, 1986, 100 Stat. 1783–360, 1783–369, and Pub. L. 99–591, title III, §§ 321, 371(c)(2), Oct. 30, 1986, 100 Stat. 3341–364, 3341–372; Pub. L. 99–661, div. D, title II, § 4201, title V, § 4501(c)(2), Nov. 14, 1986, 100 Stat. 4071, 4080; Pub. L. 100–237, § 3(j), Jan. 8, 1988, 101 Stat. 1738; Pub. L. 101–147, title I, § 131(a), title III, § 302, Nov. 10, 1989, 103 Stat. 906, 913; Pub. L. 103–448, title I, §§ 101–103, Nov. 2, 1994, 108 Stat. 4700, 4701; Pub. L. 105–336, title I, § 101(a), Oct. 31, 1998, 112 Stat. 3144; Pub. L. 106–170, title IV, § 411, Dec. 17, 1999, 113 Stat. 1917; Pub. L. 106–224, title II, § 241(b), June 20, 2000, 114 Stat. 410; Pub. L. 107–171, title IV, § 4301(a), May 13, 2002, 116 Stat. 330; Pub. L. 111–80, title VII, § 749(a), Oct. 21, 2009, 123 Stat. 2131; Pub. L. 111–296, title IV, § 401, Dec. 13, 2010, 124 Stat. 3259; Pub. L. 113–79, title IV, § 4202, Feb. 7, 2014, 128 Stat. 821; Pub. L. 116–6, div. B, title VII, § 775, Feb. 15, 2019, 133 Stat. 90.) Editorial Notes REFERENCES IN TEXT The Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, 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 section 1771 of this title and Tables. Subsection (c), referred to in subsec. (b), was repealed and subsec. (e) was redesignated (c) by Pub. L. 105–336, title I, § 101(a), Oct. 31, 1998, 112 Stat. 3144. CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 2019—Subsec. (e)(1)(B). Pub. L. 116–6 substituted ‘‘Sep- tember 30, 2018’’ for ‘‘September 30, 2020’’. 2014—Subsec. (f). Pub. L. 113–79 added subsec. (f). 2010—Subsec. (e)(1)(B). Pub. L. 111–296 substituted ‘‘2020’’ for ‘‘2010’’. 2009—Subsec. (e)(1)(B). Pub. L. 111–80 substituted ‘‘2010’’ for ‘‘2009’’. 2002—Subsec. (e)(1)(B). Pub. L. 107–171 substituted ‘‘2003’’ for ‘‘2001’’. 2000—Subsec. (e)(1)(B). Pub. L. 106–224 substituted ‘‘2001’’ for ‘‘2000’’. 1999—Subsec. (e)(1). Pub. L. 106–170 designated exist- ing provisions as introductory provisions and subpar. (A) and added subpar. (B). 1998—Subsecs. (c) to (g). Pub. L. 105–336 redesignated subsecs. (e) to (g) as (c) to (e), respectively, and struck out former subsecs. (c) and (d) which read as follows: ‘‘(c) Notwithstanding any other provision of law, the Secretary, until such time as a supplemental appro- priation may provide additional funds for the purpose of subsection (b) of this section, shall use funds appro- priated by section 612c of title 7 to make any payments to States authorized under such subsection. Any sec- tion 612c of title 7 funds utilized to make such pay- ments shall be reimbursed out of any supplemental ap- propriation hereafter enacted for the purpose of car- rying out subsection (b) of this section and such reim- bursement shall be deposited into the fund established pursuant to section 612c of title 7 to be available for the purpose of said section 612c of title 7. ‘‘(d) Any funds made available under subsection (b) or (c) of this section shall not be subject to the State matching provisions of section 1756 of this title.’’ 1994—Subsec. (a). Pub. L. 103–448, § 101, substituted in second sentence ‘‘Except as provided in the next 2 sen- tences, any school’’ for ‘‘Any school’’ and inserted after second sentence ‘‘Any school food authority may refuse some or all of the fresh fruits and vegetables offered to the school food authority in any school year and shall receive, in lieu of the offered fruits and vegetables, other more desirable fresh fruits and vegetables that are at least equal in value to the fresh fruits and vege- tables refused by the school food authority. The value of any fresh fruits and vegetables refused by a school under the preceding sentence for a school year shall not be used to determine the 20 percent of the total value of agricultural commodities and other foods tendered to the school food authority in the school year under the second sentence.’’ Subsec. (b). Pub. L. 103–448, § 102, amended subsec. (b) generally. Prior to amendment, subsec. (b) related to cash donations in lieu of commodity donations during school year for school food service programs and with- holding of funds for States administered by Secretary for disbursement to participating schools to be used to purchase commodities and other food for their food service programs. Subsec. (g). Pub. L. 103–448, § 103, added subsec. (g). 1989—Subsec. (a). Pub. L. 101–147, § 302, substituted ‘‘the Secretary’s’’ for ‘‘his’’ in par. (1), substituted ‘‘the Secretary’’ for ‘‘him’’ in par. (2), and, in concluding provisions, substituted ‘‘expenditure by the Secretary’’ for ‘‘expenditure by him’’ and made technical amend- ments to the references to section 713c of title 15 and section 612c of title 7 involving underlying provisions of original act and requiring no change in text. Subsec. (e)(1). Pub. L. 101–147, § 131(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘The national average value of donated foods, or cash payments in lieu thereof, shall be 11 cents, ad- justed on July 1, 1982, and each July 1 thereafter to re- flect changes in the Price Index for Food Used in Schools and Institutions. The Index shall be computed using five major food components in the Bureau of Labor Statistics’ Producer Price Index (cereal and bak- ery products, meats, poultry and fish, dairy products, processed fruits and vegetables, and fats and oils). Each component shall be weighted using the same relative weight as determined by the Bureau of Labor Statis- tics. The value of food assistance for each meal shall be adjusted each July 1 by the annual percentage change in a three-month simple average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year. Such adjustment shall be computed to the nearest one-fourth cent. Among those commodities delivered under this section, the Secretary shall give special emphasis to high pro- tein foods, meat, and meat alternates (which may in- clude domestic seafood commodities and their prod- Page 4891 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1755 ucts). Notwithstanding any other provision of this sec- tion, not less than 75 per centum of the assistance pro- vided under this subsection (e) shall be in the form of donated foods for the school lunch program.’’ Subsec. (e)(2). Pub. L. 101–147, § 131(a)(2), substituted ‘‘To the maximum extent feasible, each State agency’’ for ‘‘Each State agency’’. 1988—Subsec. (e). Pub. L. 100–237 designated existing provisions as par. (1) and added par. (2). 1986—Subsecs. (a)(3), (b). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, amended section identically, in sub- sec. (a)(3), making technical amendment to reference to section 1769 of this title to reflect renumbering of cor- responding section of original act and, in subsec. (b), substituting ‘‘June 1’’ for ‘‘May 15’’ and ‘‘July 1’’ for ‘‘June 15’’. 1981—Subsec. (a)(2). Pub. L. 97–35, § 819(h), struck out references to section 1754 of this title, and section 5 of the Child Nutrition Act of 1966. Subsec. (e). Pub. L. 97–35, § 802, substituted provisions requiring value to be set at 11 cents, as adjusted on July 1, 1982, and each July 1, thereafter, for provisions requiring value to be set at not less than 10 cents, as adjusted on an annual basis each school year after June 30, 1975. 1980—Subsec. (f). Pub. L. 96–499 added subsec. (f). 1978—Subsec. (e). Pub. L. 95–627, § 5(b), substituted provision relating to Price Index for Food Used in Schools and Institutions for provision relating to Con- sumer Price Index. Pub. L. 95–627, § 12(a), which provided for inserting ‘‘(which may include domestic seafood commodities and their products)’’ after ‘‘alternatives’’ was executed by inserting that parenthetical after ‘‘alternates’’ as the probable intent of Congress. 1977—Subsec. (a). Pub. L. 95–166, §§ 7, 10(1), inserted provision which authorized refusal of commodities and receipt of other commodities available to State, in lieu of refused commodities, and in cl. (3) authorized grants for pilot projects and cash-in-lieu of commodities study required to be carried out under section 1769 of this title. Subsec. (b). Pub. L. 95–166, § 5, in revising subsec. (b), changed commodity distribution program to a school year from a fiscal year basis, and among other changes, extended deadline for estimated valuation and payment to May 15 and June 15 from February 15 and March 15, and struck out provision respecting apportionment among State educational agencies on basis of meals served in all the States during the fiscal year and spe- cific reference to regulations of the Department of Ag- riculture under title 7, subtitle (b), chapter II, sub- chapter (a), parts 210 and 220. Subsec. (e). Pub. L. 95–166, § 19(a), substituted ‘‘school years’’ and ‘‘school year after June 30, 1975’’ for ‘‘fiscal years’’ and ‘‘fiscal year after June 30, 1975’’, respec- tively. 1975—Subsec. (a). Pub. L. 94–105, § 11(a), inserted pro- vision prohibiting issuance of specifications in pur- chase of agricultural commodities and other foods un- less such specifications result in significant advantages to the authorized food service programs. Subsec. (b). Pub. L. 94–105, § 4, substituted references to all schools of States for references to only nonprofit private schools of States in provisions covering Sec- retary’s direct administration of school food service programs. Subsec. (e). Pub. L. 94–105, § 11(b), inserted provision mandating that not less than 75 per centum of assist- ance under this subsection shall be in form of donated foods for the school lunch program. 1974—Subsec. (e). Pub. L. 93–326 added subsec. (e). 1973—Subsec. (a). Pub. L. 93–13 designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 93–150, in revising text to make provisions applicable each fiscal year rather than only for fiscal year ending June 30, 1973, substituted in: first sentence, ‘‘As of February 15 of each fiscal year’’ and ‘‘during that fiscal year’’ for ‘‘As of March 15, 1973’’ and ‘‘during the fiscal year ending June 30, 1973’’; second sentence, ‘‘for that fiscal year’’, ‘‘March 15 of that fis- cal year’’, and ‘‘as of February 15 of such fiscal year’’ for ‘‘for the fiscal year ending June 30, 1973’’, ‘‘April 15, 1973’’, and ‘‘as of March 15, 1973’’; third sentence, ‘‘dur- ing the preceding fiscal year’’ for ‘‘during the fiscal year ending June 30, 1972’’; and proviso of third sen- tence, ‘‘during that fiscal year’’ for ‘‘during the fiscal year ending June 30, 1972,’’. Pub. L. 93–13 added subsec. (b). Subsec. (c). Pub. L. 93–150 reenacted provisions with- out change. Pub. L. 93–13 added subsec. (c). Subsec. (d). Pub. L. 93–150 reenacted provisions with- out change. Pub. L. 93–13 added subsec. (d). 1970—Pub. L. 91–248 increased amount authorized for administrative expenses by 31⁄2 percent of the amount appropriated to carry out this chapter and the Child Nutrition Act of 1966, other than section 1772 of this title, made such amount available for the Secretary’s administrative expenses, authorized use of up to 1 per- cent of the funds appropriated for this chapter and the Child Nutrition Act of 1966, other than section 1772 of this title, for nutritional training and education and studies of food service requirements in connection with those programs, reduced, to the extent funds were used for administrative expenses other than for this chapter or nutritional training or education or studies, the share of this chapter’s appropriations which may be used for direct expenditure by the Secretary for agri- cultural commodities and other foods, and authorized distribution of such foods to schools and service insti- tutions participating in food service programs under this chapter and the Child Nutrition Act of 1966. 1968—Pub. L. 90–302 inserted ‘‘except section 1761 of this title’’ after ‘‘The funds appropriated for any fiscal year for carrying out the provisions of this chapter,’’. 1962—Pub. L. 87–823 substituted ‘‘, less the amount apportioned by him pursuant to sections 1753, 1754, and 1759 of this title, and less the amount appropriated pur- suant to section 1759a of this title’’ for ‘‘and less the amount apportioned to him pursuant to sections 1753, 1754, and 1759 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–171, title IV, § 4301(b), May 13, 2002, 116 Stat. 330, provided that: ‘‘The amendment made by this section [amending this section] takes effect on the date of enactment of this Act [May 13, 2002].’’ EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–336, title IV, § 401, Oct. 31, 1998, 112 Stat. 3170, provided that: ‘‘Except as otherwise provided in this Act [see Short Title of 1998 Amendment note set out under section 1751 of this title], this Act and the amendments made by this Act shall take effect on Oc- tober 1, 1998.’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–448, title IV, § 401, Nov. 2, 1994, 108 Stat. 4751, provided that: ‘‘Except as otherwise provided in this Act [see Short Title of 1994 Amendment note set out under section 1751 of this title], this Act and the amendments made by this Act shall become effective on October 1, 1994.’’ EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–147, title I, § 131(c), Nov. 10, 1989, 103 Stat. 907, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 1766 of this title] shall become effective on July 1, 1989.’’ Page 4892 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1755a 1 So in original. Probably should be ‘‘Representatives’’. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by sections 802 and 819(h) of Pub. L. 97–35 effective July 1, 1981, and Oct. 1, 1981, respectively, see section 820(a)(2), (4) of Pub. L. 97–35, set out as a note under section 1753 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–627, § 14, Nov. 10, 1978, 92 Stat. 3625, pro- vided that: ‘‘The provisions of this Act [enacting sec- tion 1769c of this title, amending this section and sec- tions 1757, 1760, 1761, 1762a, 1766, 1769, 1773, 1774, 1776, 1784, and 1786 of this title and enacting provisions set out as notes under this section, sections 1751, 1773, and 1786 of this title], except sections 4, 5, and 8, shall be- come effective October 1, 1978. The provisions of section 4 of this Act [amending section 1759a of this title] shall become effective Jan[u]ary 1, 1979. The provisions of sections 5 [amending this section and sections 1759a, 1761, and 1772 of this title] and 8 [amending section 1758 of this title] of this Act shall become effective July 1, 1979, except that the Secretary may make the nec- essary changes in the income poverty guidelines for the special supplemental food program under section 17 of the Child Nutrition Act of 1966 [section 1786 of this title] not earlier than October 1, 1978, and not later than July 1, 1979.’’ EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–166, § 19, Nov. 10, 1977, 91 Stat. 1345, pro- vided that the amendment made by that section is ef- fective July 1, 1977. REDUCTION IN COMMODITY ASSISTANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1981 Pub. L. 96–499, title II, § 202(a), Dec. 5, 1980, 94 Stat. 2600, provided that for the fiscal year ending Sept. 30, 1981, the national average value of donated foods or cash payments in lieu thereof, as determined under subsec. (e) of this section, shall be reduced by 2 cents, prior to repeal by Pub. L. 97–35, title VIII, § 820(b)(2), Aug. 13, 1981, 95 Stat. 535, effective July 1, 1981. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE Pub. L. 93–13, § 1, Mar. 30, 1973, 87 Stat. 9, provided that: ‘‘The Congress finds that the volume and variety of Federal food donations to the school lunch and child nutrition programs are significantly below the amounts programed and budgeted for the fiscal year ending June 30, 1973, and that schools participating in these programs are confronted with serious financial problems in obtaining sufficient supplies of the foods required to meet the nutritional standards established by law for these programs. It is, therefore, the purpose of this Act [amending this section] to provide an effec- tive and immediate solution to this nutritional crisis.’’ § 1755a. Whole grain products (a) Purpose The purpose of this section is to encourage greater awareness and interest in the number and variety of whole grain products available to schoolchildren, as recommended by the 2005 Die- tary Guidelines for Americans. (b) Definition of eligible whole grains and whole grain products In this section, the terms ‘‘whole grains’’ and ‘‘whole grain products’’ have the meaning given the terms by the Food and Nutrition Service in the HealthierUS School Challenge. (c) Purchase of whole grains and whole grain products In addition to the commodities delivered under section 6 of the Richard B. Russell Na- tional School Lunch Act (42 U.S.C. 1755), the Secretary shall purchase whole grains and whole grain products for use in— (1) the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (2) the school breakfast program established by section 1773 of this title. (d) Evaluation Not later than September 30, 2011, the Sec- retary shall conduct an evaluation of the activi- ties conducted under subsection (c) that in- cludes— (1) an evaluation of whether children partici- pating in the school lunch and breakfast pro- grams increased their consumption of whole grains; (2) an evaluation of which whole grains and whole grain products are most acceptable for use in the school lunch and breakfast pro- grams; (3) any recommendations of the Secretary regarding the integration of whole grain prod- ucts in the school lunch and breakfast pro- grams; and (4) an evaluation of any other outcomes de- termined to be appropriate by the Secretary. (e) Report As soon as practicable after the completion of the evaluation under subsection (d), the Sec- retary shall submit to the Committee on Agri- culture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representative 1 a report describing the results of the evaluation. (Pub. L. 110–234, title IV, § 4305, May 22, 2008, 122 Stat. 1131; Pub. L. 110–246, § 4(a), title IV, § 4305, June 18, 2008, 122 Stat. 1664, 1892.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsec. (c), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Food, Conserva- tion, and Energy Act of 2008, and not as part of the Richard B. Russell National School Lunch Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the