§ 1758. Program requirements
(a) Nutritional requirements
(1)(A) Lunches served by schools participating
in the school lunch program under this chapter
shall meet minimum nutritional requirements
Page 4896
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
prescribed by the Secretary on the basis of test-
ed nutritional research, except that the min-
imum nutritional requirements—
(i) shall not be construed to prohibit the sub-
stitution of foods to accommodate the medical
or other special dietary needs of individual
students; and
(ii) shall, at a minimum, be based on the
weekly average of the nutrient content of
school lunches.
(B) The Secretary shall provide technical as-
sistance and training, including technical assist-
ance and training in the preparation of lower-fat
versions of foods commonly used in the school
lunch program under this chapter, to schools
participating in the school lunch program to as-
sist the schools in complying with the nutri-
tional requirements prescribed by the Secretary
pursuant to subparagraph (A) and in providing
appropriate meals to children with medically
certified special dietary needs. The Secretary
shall provide additional technical assistance to
schools that are having difficulty maintaining
compliance with the requirements.
(2) FLUID MILK.—
(A) IN GENERAL.—Lunches served by schools
participating in the school lunch program
under this chapter—
(i) shall offer students a variety of fluid
milk. Such milk shall be consistent with the
most recent Dietary Guidelines for Ameri-
cans published under section 5341 of title 7;
(ii)
may
offer
students
flavored
and
unflavored fluid milk and lactose-free fluid
milk; and
(iii) shall provide a substitute for fluid
milk for students whose disability restricts
thei
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Stable record: federal_law:legal_authorities:uscode2024_3b68d468ab94da6de8bd82c2 Source file: Laws/federal/codes/united-states-code-2024/title-42/section-1758-program-requirements--382d699fed.md Pages: Not recorded – Not recorded Passage SHA-256: 3e29bc9fd9d581ec0f89959fbc639b371b08930ea40f5ecddbf3941fbdccac34 Retained source evidence SHA-256: 622d87e9050847cb1a6799961bd5d7c441effec3f3b192ab21366321327bc325
Page 4895
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
ance, determines are eligible to participate in
the school lunch program.
(b) Permanent, amendable agreements
The agreements described in subsection (a)
shall be permanent agreements that may be
amended as necessary.
(c) Suspension or termination of agreements
The State educational agency may suspend or
terminate any such agreement in accordance
with regulations prescribed by the Secretary.
(d) Use of funds
Use of funds paid to States may include, in ad-
dition to the purchase price of agricultural com-
modities and other foods, the cost of processing,
distributing, transporting, storing or handling
thereof.
(e) Limitation
In no event shall such disbursement for food to
any school for any fiscal year exceed an amount
determined by multiplying the number of
lunches served in the school in the school lunch
program under this chapter during such year by
the maximum per meal reimbursement rate for
the State, for the type of lunch served, as pre-
scribed by the Secretary.
(f) Increase in meal reimbursement
In any fiscal year in which the national aver-
age payment per lunch determined under section
1753 of this title is increased above the amount
prescribed in the previous fiscal year, the max-
imum per meal reimbursement rate, for the type
of lunch served, shall be increased by a like
amount.
(g) In advance or as reimbursement
Lunch assistance disbursements to schools
under this section and under section 1759a of
this title may be made in advance or by way of
reimbursement in accordance with procedures
prescribed by the Secretary.
(June 4, 1946, ch. 281, § 8, 60 Stat. 232; Pub. L.
92–433, § 8, Sept. 26, 1972, 86 Stat. 729; Pub. L.
93–150, § 2(b), Nov. 7, 1973, 87 Stat. 560; Pub. L.
95–166, § 3, Nov. 10, 1977, 91 Stat. 1332; Pub. L.
95–627, § 10(d)(1), Nov. 10, 1978, 92 Stat. 3624; Pub.
L. 97–35, title VIII, § 819(d), Aug. 13, 1981, 95 Stat.
533; Pub. L. 101–147, title II, § 201, title III, §§ 304,
312(1), Nov. 10, 1989, 103 Stat. 908, 914, 916; Pub. L.
104–193, title VII, § 701(a), Aug. 22, 1996, 110 Stat.
2287.)
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–193 designated first and second sen-
tences as subsecs. (a) and (b), respectively, substituted
‘‘in subsection (a)’’ for ‘‘in the preceding sentence’’ in
subsec. (b), designated third sentence as subsec. (c) and
substituted ‘‘The State educational agency may’’ for
‘‘Nothing in the preceding sentence shall be construed
to limit the ability of the State educational agency
to’’, struck out fourth and fifth sentences, designated
sixth sentence as subsec. (d) and substituted ‘‘Use of
funds paid to States’’ for ‘‘Such food costs’’, and des-
ignated seventh to ninth sentences as subsecs. (e) to
(g), respectively. Prior to amendment, fourth and fifth
sentences read as follows: ‘‘Such disbursement to any
school shall be made only for the purpose of assisting
it to obtain agricultural commodities and other foods
for consumption by children in the school lunch pro-
gram. The terms ‘child’ and ‘children’ as used in this
chapter shall be deemed to include individuals regard-
less of age who are determined by the State edu-
cational agency, in accordance with regulations pre-
scribed by the Secretary, to have 1 or more mental or
physical handicaps and who are attending any child
care institution as defined in section 1766 of this title
or any nonresidential public or nonprofit private school
of high school grade or under for the purpose of partici-
pating in a school program established for individuals
with mental or physical handicaps: Provided, That no
institution that is not otherwise eligible to participate
in the program under section 1766 of this title shall be
deemed so eligible because of this sentence.’’
1989—Pub. L. 101–147, § 312(1), substituted ‘‘school
lunch’’ for ‘‘school-lunch’’ in three places.
Pub. L. 101–147, § 304, which directed the amendment
of subsec. (d) by substituting ‘‘individuals’’ for ‘‘per-
sons’’, ‘‘to have 1 or more mental or physical handi-
caps’’ for ‘‘to be mentally or physically handicapped’’,
and ‘‘for individuals with mental or physical handi-
caps’’ for ‘‘for mentally or physically handicapped’’,
was executed by making the substitutions in the undes-
ignated text before the proviso as the probable intent
of Congress because the section contains no subsection
designations.
Pub. L. 101–147, § 201, inserted after first sentence
‘‘The agreements described in the preceding sentence
shall be permanent agreements that may be amended
as necessary. Nothing in the preceding sentence shall
be construed to limit the ability of the State edu-
cational agency to suspend or terminate any such
agreement in accordance with regulations prescribed
by the Secretary.’’
1981—Pub. L. 97–35 substituted references to per meal
reimbursement rate, for references to Federal food-cost
contribution rate wherever appearing, and struck out
reference to section 1754 of this title, and food service
equipment assistance.
1978—Pub. L. 95–627 inserted provision relating to def-
inition of ‘‘child’’ and ‘‘children’’.
1977—Pub. L. 95–166 substituted ‘‘food service equip-
ment assistance’’ for ‘‘nonfood assistance’’.
1973—Pub. L. 93–150 provided that in any fiscal year in
which the national average payment per lunch deter-
mined under section 1753 of this title is increased above
the amount prescribed in the previous fiscal year, the
maximum Federal food-cost contribution rate, for the
type of lunch served, shall be increased by a like
amount.
1972—Pub. L. 92–433 substituted provision that dis-
bursement to schools be made for the purpose of assist-
ing them to finance the costs of agricultural commod-
ities, for provision that such disbursement be made for
the purpose of reimbursing them for such costs and in-
serted provision that lunch assistance disbursements to
schools under this section and section 1759a of this title
may be made in advance or by way of reimbursement
according to procedure prescribed by the Secretary.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see
section 820(a)(4) of Pub. L. 97–35, set out as a note under
section 1753 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–627 effective Oct. 1, 1978,
see section 14 of Pub. L. 95–627, set out as a note under
section 1755 of this title.
§ 1758. Program requirements
(a) Nutritional requirements
(1)(A) Lunches served by schools participating
in the school lunch program under this chapter
shall meet minimum nutritional requirements
Page 4896
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
prescribed by the Secretary on the basis of test-
ed nutritional research, except that the min-
imum nutritional requirements—
(i) shall not be construed to prohibit the sub-
stitution of foods to accommodate the medical
or other special dietary needs of individual
students; and
(ii) shall, at a minimum, be based on the
weekly average of the nutrient content of
school lunches.
(B) The Secretary shall provide technical as-
sistance and training, including technical assist-
ance and training in the preparation of lower-fat
versions of foods commonly used in the school
lunch program under this chapter, to schools
participating in the school lunch program to as-
sist the schools in complying with the nutri-
tional requirements prescribed by the Secretary
pursuant to subparagraph (A) and in providing
appropriate meals to children with medically
certified special dietary needs. The Secretary
shall provide additional technical assistance to
schools that are having difficulty maintaining
compliance with the requirements.
(2) FLUID MILK.—
(A) IN GENERAL.—Lunches served by schools
participating in the school lunch program
under this chapter—
(i) shall offer students a variety of fluid
milk. Such milk shall be consistent with the
most recent Dietary Guidelines for Ameri-
cans published under section 5341 of title 7;
(ii)
may
offer
students
flavored
and
unflavored fluid milk and lactose-free fluid
milk; and
(iii) shall provide a substitute for fluid
milk for students whose disability restricts
their diet, on receipt of a written statement
from a licensed physician that identifies the
disability that restricts the student’s diet
and that specifies the substitute for fluid
milk.
(B) SUBSTITUTES.—
(i)
STANDARDS
FOR
SUBSTITUTION.—A
school may substitute for the fluid milk pro-
vided under subparagraph (A), a nondairy
beverage that is nutritionally equivalent to
fluid milk and meets nutritional standards
established by the Secretary (which shall,
among other requirements to be determined
by the Secretary, include fortification of
calcium, protein, vitamin A, and vitamin D
to levels found in cow’s milk) for students
who cannot consume fluid milk because of a
medical or other special dietary need other
than a disability described in subparagraph
(A)(iii).
(ii) NOTICE.—The substitutions may be
made if the school notifies the State agency
that the school is implementing a variation
allowed under this subparagraph, and if the
substitution is requested by written state-
ment of a medical authority or by a stu-
dent’s parent or legal guardian that identi-
fies the medical or other special dietary
need that restricts the student’s diet, except
that the school shall not be required to pro-
vide beverages other than beverages the
school has identified as acceptable sub-
stitutes.
(iii) EXCESS
EXPENSES
BORNE
BY
SCHOOL
FOOD AUTHORITY.—Expenses incurred in pro-
viding substitutions under this subparagraph
that are in excess of expenses covered by re-
imbursements under this chapter shall be
paid by the school food authority.
(C) RESTRICTIONS ON SALE OF MILK PROHIB-
ITED.—A school that participates in the school
lunch program under this chapter shall not di-
rectly or indirectly restrict the sale or mar-
keting of fluid milk products by the school (or
by a person approved by the school) at any
time or any place—
(i) on the school premises; or
(ii) at any school-sponsored event.
(3) Students in senior high schools that par-
ticipate in the school lunch program under this
chapter (and, when approved by the local school
district or nonprofit private schools, students in
any other grade level) shall not be required to
accept offered foods they do not intend to con-
sume, and any such failure to accept offered
foods shall not affect the full charge to the stu-
dent for a lunch meeting the requirements of
this subsection or the amount of payments made
under this chapter to any such school for such
lunch.
(4) PROVISION OF INFORMATION.—
(A) GUIDANCE.—Prior to the beginning of the
school year beginning July 2004, the Secretary
shall issue guidance to States and school food
authorities to increase the consumption of
foods and food ingredients that are rec-
ommended for increased serving consumption
in the most recent Dietary Guidelines for
Americans published under section 5341 of title
7.
(B) RULES.—Not later than 2 years after
June 30, 2004, the Secretary shall promulgate
rules, based on the most recent Dietary Guide-
lines for Americans, that reflect specific rec-
ommendations,
expressed
in
serving
rec-
ommendations, for increased consumption of
foods and food ingredients offered in school
nutrition programs under this chapter and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
(C) PROCUREMENT
AND
PROCESSING
OF
FOOD
SERVICE PRODUCTS AND COMMODITIES.—The Sec-
retary shall—
(i) identify, develop, and disseminate to
State departments of agriculture and edu-
cation, school food authorities, local edu-
cational agencies, and local processing enti-
ties, model product specifications and prac-
tices for foods offered in school nutrition
programs under this chapter and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
to ensure that the foods reflect the most re-
cent Dietary Guidelines for Americans pub-
lished under section 5341 of title 7;
(ii) not later than 1 year after December
13, 2010—
(I) carry out a study to analyze the
quantity and quality of nutritional infor-
mation available to school food authori-
ties about food service products and com-
modities; and
(II) submit to Congress a report on the
results of the study that contains such leg-
Page 4897
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
islative recommendations as the Secretary
considers necessary to ensure that school
food authorities have access to the nutri-
tional information needed for menu plan-
ning and compliance assessments; and
(iii) to the maximum extent practicable, in
purchasing and processing commodities for
use in school nutrition programs under this
chapter and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), purchase the widest
variety of healthful foods that reflect the
most recent Dietary Guidelines for Ameri-
cans.
(5)
WATER.—Schools
participating
in
the
school lunch program under this chapter shall
make available to children free of charge, as nu-
tritionally appropriate, potable water for con-
sumption in the place where meals are served
during meal service.
(b) Eligibility
(1)(A) Not later than June 1 of each fiscal year,
the Secretary shall prescribe income guidelines
for determining eligibility for free and reduced
price lunches during the 12-month period begin-
ning July 1 of such fiscal year and ending June
30 of the following fiscal year. The income
guidelines for determining eligibility for free
lunches shall be 130 percent of the applicable
family size income levels contained in the non-
farm income poverty guidelines prescribed by
the Office of Management and Budget, as ad-
justed annually in accordance with subpara-
graph (B). The income guidelines for deter-
mining eligibility for reduced price lunches for
any school year shall be 185 percent of the appli-
cable family size income levels contained in the
nonfarm income poverty guidelines prescribed
by the Office of Management and Budget, as ad-
justed annually in accordance with subpara-
graph (B). The Office of Management and Budget
guidelines shall be revised at annual intervals,
or at any shorter interval deemed feasible and
desirable.
(B) The revision required by subparagraph (A)
of this paragraph shall be made by multi-
plying—
(i) the official poverty line (as defined by the
Office of Management and Budget); by
(ii) the percentage change in the Consumer
Price Index during the annual or other inter-
val immediately preceding the time at which
the adjustment is made.
Revisions under this subparagraph shall be made
not more than 30 days after the date on which
the consumer price index data required to com-
pute the adjustment becomes available.
(2)(A) Following the determination by the Sec-
retary under paragraph (1) of this subsection of
the income eligibility guidelines for each school
year, each State educational agency shall an-
nounce the income eligibility guidelines, by
family size, to be used by schools in the State in
making determinations of eligibility for free
and reduced price lunches. Local school authori-
ties shall, each year, publicly announce the in-
come eligibility guidelines for free and reduced
price lunches on or before the opening of school.
(B) APPLICATIONS AND DESCRIPTIVE MATERIAL.—
(i) IN GENERAL.—Applications for free and re-
duced price lunches, in such form as the Sec-
retary may prescribe or approve, and any de-
scriptive material, shall be distributed to the
parents or guardians of children in attendance
at the school, and shall contain only the fam-
ily size income levels for reduced price meal
eligibility with the explanation that house-
holds with incomes less than or equal to these
values would be eligible for free or reduced
price lunches.
(ii) INCOME
ELIGIBILITY
GUIDELINES.—Forms
and descriptive material distributed in accord-
ance with clause (i) may not contain the in-
come eligibility guidelines for free lunches.
(iii) CONTENTS OF DESCRIPTIVE MATERIAL.—
(I) IN GENERAL.—Descriptive material dis-
tributed in accordance with clause (i) shall
contain a notification that—
(aa) participants in the programs listed
in subclause (II) may be eligible for free or
reduced price meals; and
(bb) documentation may be requested for
verification of eligibility for free or re-
duced price meals.
(II) PROGRAMS.—The programs referred to
in subclause (I)(aa) are—
(aa) the special supplemental nutrition
program for women, infants, and children
established by section 17 of the Child Nu-
trition Act of 1966 (42 U.S.C. 1786);
(bb) the supplemental nutrition assist-
ance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
(cc) the food distribution program on In-
dian reservations established under sec-
tion 4(b) of the Food and Nutrition Act of
2008 (7 U.S.C. 2013(b)); and
(dd) a State program funded under the
program of block grants to States for tem-
porary assistance for needy families estab-
lished under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).
(3) HOUSEHOLD APPLICATIONS.—
(A) DEFINITION OF HOUSEHOLD APPLICATION.—
In this paragraph, the term ‘‘household appli-
cation’’ means an application for a child of a
household to receive free or reduced price
school lunches under this chapter, or free or
reduced price school breakfasts under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.), for which an eligibility determination is
made other than under paragraph (4) or (5).
(B) ELIGIBILITY DETERMINATION.—
(i) IN GENERAL.—An eligibility determina-
tion shall be made on the basis of a complete
household application executed by an adult
member of the household or in accordance
with guidance issued by the Secretary.
(ii) ELECTRONIC SIGNATURES AND APPLICA-
TIONS.—A household application may be exe-
cuted using an electronic signature if—
(I) the application is submitted elec-
tronically; and
(II) the electronic application filing sys-
tem meets confidentiality standards estab-
lished by the Secretary.
(C) CHILDREN IN HOUSEHOLD.—
(i) IN GENERAL.—The household application
shall identify the names of each child in the
household for whom meal benefits are re-
quested.
Page 4898
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
(ii) SEPARATE APPLICATIONS.—A State edu-
cational agency or local educational agency
may not request a separate application for
each child in the household that attends
schools under the same local educational
agency.
(D) VERIFICATION OF SAMPLE.—
(i) DEFINITIONS.—In this subparagraph:
(I) ERROR PRONE APPLICATION.—The term
‘‘error prone application’’ means an ap-
proved household application that—
(aa) indicates monthly income that is
within $100, or an annual income that is
within $1,200, of the income eligibility
limitation for free or reduced price
meals; or
(bb) in lieu of the criteria established
under item (aa), meets criteria estab-
lished by the Secretary.
(II)
NON-RESPONSE
RATE.—The
term
‘‘non-response rate’’ means (in accordance
with guidelines established by the Sec-
retary) the percentage of approved house-
hold applications for which verification in-
formation has not been obtained by a local
educational
agency
after
attempted
verification under subparagraphs (F) and
(G).
(ii) VERIFICATION OF SAMPLE.—Each school
year, a local educational agency shall verify
eligibility of the children in a sample of
household applications approved for the
school year by the local educational agency,
as determined by the Secretary in accord-
ance with this subsection.
(iii) SAMPLE
SIZE.—Except as otherwise
provided in this paragraph, the sample for a
local educational agency for a school year
shall equal the lesser of—
(I) 3 percent of all applications approved
by the local educational agency for the
school year, as of October 1 of the school
year, selected from error prone applica-
tions; or
(II) 3,000 error prone applications ap-
proved by the local educational agency for
the school year, as of October 1 of the
school year.
(iv) ALTERNATIVE SAMPLE SIZE.—
(I) IN
GENERAL.—If the conditions de-
scribed in subclause (IV) are met, the
verification sample size for a local edu-
cational agency shall be the sample size
described in subclause (II) or (III), as de-
termined by the local educational agency.
(II) 3,000/3 PERCENT OPTION.—The sample
size described in this subclause shall be
the lesser of 3,000, or 3 percent of, applica-
tions selected at random from applications
approved by the local educational agency
for the school year, as of October 1 of the
school year.
(III) 1,000/1 PERCENT PLUS OPTION.—
(aa) IN GENERAL.—The sample size de-
scribed in this subclause shall be the
sum of—
(AA) the lesser of 1,000, or 1 percent
of, all applications approved by the
local educational agency for the school
year, as of October 1 of the school year,
selected from error prone applications;
and
(BB) the lesser of 500, or 1⁄2 of 1 per-
cent of, applications approved by the
local educational agency for the school
year, as of October 1 of the school year,
that provide a case number (in lieu of
income information) showing partici-
pation in a program described in item
(bb) selected from those approved ap-
plications that provide a case number
(in
lieu
of
income
information)
verifying the participation.
(bb)
PROGRAMS.—The
programs
de-
scribed in this item are—
(AA) the supplemental nutrition as-
sistance program established under the
Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.);
(BB) the food distribution program
on
Indian
reservations
established
under section 4(b) of the Food and Nu-
trition Act of 2008 (7 U.S.C. 2013(b));
and
(CC) a State program funded under
the program of block grants to States
for temporary assistance for needy
families established under part A of
title IV of the Social Security Act (42
U.S.C. 601 et seq.) that the Secretary
determines complies with standards es-
tablished by the Secretary that ensure
that the standards under the State
program are comparable to or more re-
strictive than those in effect on June 1,
1995.
(IV)
CONDITIONS.—The
conditions
re-
ferred to in subclause (I) shall be met for
a local educational agency for a school
year if—
(aa) the nonresponse rate for the local
educational agency for the preceding
school year is less than 20 percent; or
(bb) the local educational agency has
more than 20,000 children approved by
application by the local educational
agency as eligible for free or reduced
price meals for the school year, as of Oc-
tober 1 of the school year, and—
(AA) the nonresponse rate for the
preceding school year is at least 10 per-
cent below the nonresponse rate for
the second preceding school year; or
(BB) in the case of the school year
beginning July 2005, the local edu-
cational agency attempts to verify all
approved household applications se-
lected for verification through use of
public agency records from at least 2 of
the programs or sources of information
described in subparagraph (F)(i).
(v) ADDITIONAL SELECTED APPLICATIONS.—A
sample for a local educational agency for a
school
year
under
clauses
(iii)
and
(iv)(III)(AA) shall include the number of ad-
ditional randomly selected approved house-
hold applications that are required to com-
ply with the sample size requirements in
those clauses.
Page 4899
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
(E) PRELIMINARY REVIEW.—
(i) REVIEW FOR ACCURACY.—
(I) IN GENERAL.—Prior to conducting any
other verification activity for approved
household
applications
selected
for
verification, the local educational agency
shall ensure that the initial eligibility de-
termination for each approved household
application is reviewed for accuracy by an
individual other than the individual mak-
ing the initial eligibility determination,
unless otherwise determined by the Sec-
retary.
(II) WAIVER.—The requirements of sub-
clause (I) shall be waived for a local edu-
cational agency if the local educational
agency is using a technology-based solu-
tion that demonstrates a high level of ac-
curacy, to the satisfaction of the Sec-
retary, in processing an initial eligibility
determination in accordance with the in-
come eligibility guidelines of the school
lunch program.
(ii) CORRECT ELIGIBILITY DETERMINATION.—
If the review indicates that the initial eligi-
bility determination is correct, the local
educational agency shall verify the approved
household application.
(iii)
INCORRECT
ELIGIBILITY
DETERMINA-
TION.—If the review indicates that the initial
eligibility determination is incorrect, the
local educational agency shall (as deter-
mined by the Secretary)—
(I) correct the eligibility status of the
household;
(II) notify the household of the change;
(III) in any case in which the review in-
dicates that the household is not eligible
for free or reduced-price meals, notify the
household of the reason for the ineligi-
bility and that the household may reapply
with income documentation for free or re-
duced-price meals; and
(IV) in any case in which the review indi-
cates that the household is eligible for free
or reduced-price meals, verify the ap-
proved household application.
(F) DIRECT VERIFICATION.—
(i) IN GENERAL.—Subject to clauses (ii) and
(iii), to verify eligibility for free or reduced
price meals for approved household applica-
tions selected for verification, the local edu-
cational agency may (in accordance with
criteria established by the Secretary) first
obtain and use income and program partici-
pation information from a public agency ad-
ministering—
(I) the supplemental nutrition assistance
program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(II) the food distribution program on In-
dian reservations established under sec-
tion 4(b) of the Food and Nutrition Act of
2008 (7 U.S.C. 2013(b));
(III) the temporary assistance for needy
families program funded under part A of
title IV of the Social Security Act (42
U.S.C. 601 et seq.);
(IV) the State medicaid program under
title XIX of the Social Security Act (42
U.S.C. 1396 et seq.); or
(V) a similar income-tested program or
other source of information, as determined
by the Secretary.
(ii) FREE
MEALS.—Public agency records
that may be obtained and used under clause
(i) to verify eligibility for free meals for ap-
proved household applications selected for
verification shall include the most recent
available information (other than informa-
tion reflecting program participation or in-
come before the 180-day period ending on the
date of application for free meals) that is re-
lied on to administer—
(I) a program or source of information
described in clause (i) (other than clause
(i)(IV)); or
(II) the State plan for medical assistance
under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) in—
(aa) a State in which the income eligi-
bility
limit
applied
under
section
1902(l)(2)(C)
of
that
Act
(42
U.S.C.
1396a(l)(2)(C)) is not more than 133 per-
cent of the official poverty line described
in section 1902(l)(2)(A) of that Act (42
U.S.C. 1396a(l)(2)(A)); or
(bb) a State that otherwise identifies
households that have income that is not
more than 133 percent of the official pov-
erty line described in section 1902(l)(2)(A)
of that Act (42 U.S.C. 1396a(l)(2)(A)).
(iii) REDUCED PRICE MEALS.—Public agency
records that may be obtained and used under
clause (i) to verify eligibility for reduced
price meals for approved household applica-
tions selected for verification shall include
the most recent available information (other
than information reflecting program partici-
pation or income before the 180-day period
ending on the date of application for reduced
price meals) that is relied on to administer—
(I) a program or source of information
described in clause (i) (other than clause
(i)(IV)); or
(II) the State plan for medical assistance
under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) in—
(aa) a State in which the income eligi-
bility
limit
applied
under
section
1902(l)(2)(C)
of
that
Act
(42
U.S.C.
1396a(l)(2)(C)) is not more than 185 per-
cent of the official poverty line described
in section 1902(l)(2)(A) of that Act (42
U.S.C. 1396a(l)(2)(A)); or
(bb) a State that otherwise identifies
households that have income that is not
more than 185 percent of the official pov-
erty line described in section 1902(l)(2)(A)
of that Act (42 U.S.C. 1396a(l)(2)(A)).
(iv) EVALUATION.—Not later than 3 years
after June 30, 2004, the Secretary shall com-
plete an evaluation of—
(I) the effectiveness of direct verification
carried out under this subparagraph in de-
creasing the portion of the verification
sample that must be verified under sub-
paragraph (G) while ensuring that ade-
quate verification information is obtained;
and
Page 4900
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
(II) the feasibility of direct verification
by State agencies and local educational
agencies.
(v)
EXPANDED
USE
OF
DIRECT
VERIFICATION.—If the Secretary determines
that direct verification significantly de-
creases the portion of the verification sam-
ple that must be verified under subparagraph
(G),
while
ensuring
that
adequate
verification information is obtained, and can
be conducted by most State agencies and
local educational agencies, the Secretary
may require a State agency or local edu-
cational
agency
to
implement
direct
verification through 1 or more of the pro-
grams described in clause (i), as determined
by the Secretary, unless the State agency or
local
educational
agency
demonstrates
(under criteria established by the Secretary)
that the State agency or local educational
agency lacks the capacity to conduct, or is
unable to implement, direct verification.
(G) HOUSEHOLD VERIFICATION.—
(i) IN GENERAL.—If an approved household
application is not verified through the use of
public agency records, a local educational
agency shall provide to the household writ-
ten notice that—
(I) the approved household application
has been selected for verification; and
(II) the household is required to submit
verification information to confirm eligi-
bility for free or reduced price meals.
(ii) PHONE NUMBER.—The written notice in
clause (i) shall include a toll-free phone
number that parents and legal guardians in
households selected for verification can call
for assistance with the verification process.
(iii) FOLLOWUP ACTIVITIES.—If a household
does not respond to a verification request, a
local educational agency shall make at least
1
attempt
to
obtain
the
necessary
verification from the household in accord-
ance with guidelines and regulations pro-
mulgated by the Secretary.
(iv) CONTRACT AUTHORITY FOR SCHOOL FOOD
AUTHORITIES.—A local educational agency
may contract (under standards established
by the Secretary) with a third party to as-
sist the local educational agency in carrying
out clause (iii).
(H) VERIFICATION DEADLINE.—
(i) GENERAL DEADLINE.—
(I) IN
GENERAL.—Subject to subclause
(II), not later than November 15 of each
school year, a local educational agency
shall complete the verification activities
required for the school year (including fol-
lowup activities).
(II) EXTENSION.—Under criteria estab-
lished by the Secretary, a State may ex-
tend the deadline established under sub-
clause (I) for a school year for a local edu-
cational agency to December 15 of the
school year.
(ii) ELIGIBILITY
CHANGES.—Based on the
verification activities, the local educational
agency shall make appropriate modifica-
tions to the eligibility determinations made
for household applications in accordance
with criteria established by the Secretary.
(I) LOCAL CONDITIONS.—In the case of a nat-
ural disaster, civil disorder, strike, or other
local condition (as determined by the Sec-
retary), the Secretary may substitute alter-
natives for—
(i) the sample size and sample selection
criteria established under subparagraph (D);
and
(ii) the verification deadline established
under subparagraph (H).
(J) INDIVIDUAL REVIEW.—In accordance with
criteria established by the Secretary, the local
educational agency may, on individual re-
view—
(i) decline to verify no more than 5 percent
of approved household applications selected
under subparagraph (D); and
(ii) replace the approved household appli-
cations with other approved household appli-
cations to be verified.
(K) FEASIBILITY STUDY.—
(i) IN GENERAL.—The Secretary shall con-
duct a study of the feasibility of using com-
puter technology (including data mining) to
reduce—
(I) overcertification errors in the school
lunch program under this chapter;
(II) waste, fraud, and abuse in connection
with this paragraph; and
(III) errors, waste, fraud, and abuse in
other nutrition programs, as determined
to be appropriate by the Secretary.
(ii) REPORT.—Not later than 180 days after
June 30, 2004, the Secretary shall submit to
the Committee on Education and the Work-
force of the House of Representatives and
the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describ-
ing—
(I) the results of the feasibility study
conducted under this subsection;
(II) how a computer system using tech-
nology described in clause (i) could be im-
plemented;
(III) a plan for implementation; and
(IV) proposed legislation, if necessary, to
implement the system.
(4) DIRECT CERTIFICATION FOR CHILDREN IN SUP-
PLEMENTAL
NUTRITION
ASSISTANCE
PROGRAM
HOUSEHOLDS.—
(A) IN
GENERAL.—Subject to subparagraph
(D), each State agency shall enter into an
agreement with the State agency conducting
eligibility determinations for the supple-
mental nutrition assistance program estab-
lished under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.).
(B) PROCEDURES.—Subject to paragraph (6),
the agreement shall establish procedures
under which a child who is a member of a
household receiving assistance under the sup-
plemental nutrition assistance program shall
be certified as eligible for free lunches under
this chapter and free breakfasts under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.), without further application.
(C) CERTIFICATION.—Subject to paragraph (6),
under the agreement, the local educational
Page 4901
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
agency conducting eligibility determinations
for a school lunch program under this chapter
and a school breakfast program under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) shall certify a child who is a member of
a household receiving assistance under the
supplemental nutrition assistance program as
eligible for free lunches under this chapter and
free breakfasts under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), without further
application.
(D) APPLICABILITY.—This paragraph applies
to—
(i) in the case of the school year beginning
July 2006, a school district that had an en-
rollment of 25,000 students or more in the
preceding school year;
(ii) in the case of the school year begin-
ning July 2007, a school district that had an
enrollment of 10,000 students or more in the
preceding school year; and
(iii) in the case of the school year begin-
ning July 2008 and each subsequent school
year, each local educational agency.
(E) PERFORMANCE AWARDS.—
(i) IN GENERAL.—Effective for each of the
school years beginning July 1, 2011, July 1,
2012, and July 1, 2013, the Secretary shall
offer performance awards to States to en-
courage the States to ensure that all chil-
dren eligible for direct certification under
this paragraph are certified in accordance
with this paragraph.
(ii) REQUIREMENTS.—For each school year
described in clause (i), the Secretary shall—
(I) consider State data from the prior
school year, including estimates contained
in the report required under section 1758a
of this title; and
(II) make performance awards to not
more than 15 States that demonstrate, as
determined by the Secretary—
(aa) outstanding performance; and
(bb) substantial improvement.
(iii) USE OF FUNDS.—A State agency that
receives a performance award under clause
(i)—
(I) shall treat the funds as program in-
come; and
(II) may transfer the funds to school food
authorities for use in carrying out the pro-
gram.
(iv) FUNDING.—
(I) IN GENERAL.—On October 1, 2011, and
each subsequent October 1 through Octo-
ber 1, 2013, out of any funds in the Treas-
ury not otherwise appropriated, the Sec-
retary of the Treasury shall transfer to the
Secretary—
(aa) $2,000,000 to carry out clause
(ii)(II)(aa); and
(bb) $2,000,000 to carry out clause
(ii)(II)(bb).
(II) RECEIPT AND ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall
accept, and shall use to carry out this
clause the funds transferred under sub-
clause (I), without further appropriation.
(v) PAYMENTS NOT SUBJECT TO JUDICIAL RE-
VIEW.—A determination by the Secretary
whether, and in what amount, to make a
performance award under this subparagraph
shall not be subject to administrative or ju-
dicial review.
(F) CONTINUOUS IMPROVEMENT PLANS.—
(i) DEFINITION OF REQUIRED PERCENTAGE.—
In this subparagraph, the term ‘‘required
percentage’’ means—
(I) for the school year beginning July 1,
2011, 80 percent;
(II) for the school year beginning July 1,
2012, 90 percent; and
(III) for the school year beginning July 1,
2013, and each school year thereafter, 95
percent.
(ii) REQUIREMENTS.—Each school year, the
Secretary shall—
(I) identify, using data from the prior
year, including estimates contained in the
report required under section 1758a of this
title, States that directly certify less than
the required percentage of the total num-
ber of children in the State who are eligi-
ble for direct certification under this para-
graph;
(II) require the States identified under
subclause (I) to implement a continuous
improvement plan to fully meet the re-
quirements of this paragraph, which shall
include a plan to improve direct certifi-
cation for the following school year; and
(III) assist the States identified under
subclause (I) to develop and implement a
continuous improvement plan in accord-
ance with subclause (II).
(iii) FAILURE TO MEET PERFORMANCE STAND-
ARD.—
(I) IN GENERAL.—A State that is required
to develop and implement a continuous
improvement plan under clause (ii)(II)
shall be required to submit the continuous
improvement plan to the Secretary, for
the approval of the Secretary.
(II) REQUIREMENTS.—At a minimum, a
continuous improvement plan under sub-
clause (I) shall include—
(aa) specific measures that the State
will use to identify more children who
are eligible for direct certification, in-
cluding improvements or modifications
to technology, information systems, or
databases;
(bb) a timeline for the State to imple-
ment those measures; and
(cc) goals for the State to improve di-
rect certification results.
(G) WITHOUT FURTHER APPLICATION.—
(i) IN
GENERAL.—In this paragraph, the
term ‘‘without further application’’ means
that no action is required by the household
of the child.
(ii) CLARIFICATION.—A requirement that a
household return a letter notifying the
household of eligibility for direct certifi-
cation or eligibility for free school meals
does not meet the requirements of clause (i).
(5) DISCRETIONARY CERTIFICATION.—Subject to
paragraph (6), any local educational agency may
certify any child as eligible for free lunches or
Page 4902
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
1 See References in Text note below.
breakfasts, without further application, by di-
rectly communicating with the appropriate
State or local agency to obtain documentation
of the status of the child as—
(A) a member of a family that is receiving
assistance under the temporary assistance for
needy families program funded under part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.) that the Secretary determines
complies with standards established by the
Secretary that ensure that the standards
under the State program are comparable to or
more restrictive than those in effect on June
1, 1995;
(B) a homeless child or youth (defined as 1 of
the individuals described in section 11434a(2) of
this title);
(C) served by the runaway and homeless
youth grant program established under the
Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.); 1
(D) a migratory child (as defined in section
6399 of title 20); or
(E)(i) a foster child whose care and place-
ment is the responsibility of an agency that
administers a State plan under part B or E of
title IV of the Social Security Act [42 U.S.C.
620 et seq., 670 et seq.]; or
(ii) a foster child who a court has placed
with a caretaker household.
(6) USE OR DISCLOSURE OF INFORMATION.—
(A) IN
GENERAL.—The use or disclosure of
any information obtained from an application
for free or reduced price meals, or from a
State or local agency referred to in paragraph
(3)(F), (4), or (5), shall be limited to—
(i) a person directly connected with the ad-
ministration or enforcement of this chapter
or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) (including a regulation promul-
gated under either this chapter or that Act);
(ii) a person directly connected with the
administration or enforcement of—
(I) a Federal education program;
(II) a State health or education program
administered by the State or local edu-
cational agency (other than a program
carried out under title XIX or XXI of the
Social Security Act (42 U.S.C. 1396 et seq.;
42 U.S.C. 1397aa et seq.)); or
(III) a Federal, State, or local means-
tested nutrition program with eligibility
standards comparable to the school lunch
program under this chapter;
(iii)(I) the Comptroller General of the
United States for audit and examination au-
thorized by any other provision of law; and
(II) notwithstanding any other provision of
law, a Federal, State, or local law enforce-
ment official for the purpose of investigating
an alleged violation of any program covered
by this paragraph or paragraph (3)(F), (4), or
(5);
(iv) a person directly connected with the
administration of the State medicaid pro-
gram under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.) or the State chil-
dren’s health insurance program under title
XXI of that Act (42 U.S.C. 1397aa et seq.)
solely for the purposes of—
(I) identifying children eligible for bene-
fits under, and enrolling children in, those
programs, except that this subclause shall
apply only to the extent that the State
and the local educational agency or school
food authority so elect; and
(II) verifying the eligibility of children
for programs under this chapter or the
Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.); and
(v) a third party contractor described in
paragraph (3)(G)(iv).
(B) LIMITATION ON INFORMATION PROVIDED.—
Information provided under clause (ii) or (v) of
subparagraph (A) shall be limited to the in-
come eligibility status of the child for whom
application for free or reduced price meal ben-
efits is made or for whom eligibility informa-
tion is provided under paragraph (3)(F), (4), or
(5), unless the consent of the parent or guard-
ian of the child for whom application for bene-
fits was made is obtained.
(C) CRIMINAL PENALTY.—A person described
in subparagraph (A) who publishes, divulges,
discloses, or makes known in any manner, or
to any extent not authorized by Federal law
(including a regulation), any information ob-
tained under this subsection shall be fined not
more than $1,000 or imprisoned not more than
1 year, or both.
(D) REQUIREMENTS FOR WAIVER OF CONFIDEN-
TIALITY.—A State that elects to exercise the
option described in subparagraph (A)(iv)(I)
shall ensure that any local educational agency
or school food authority acting in accordance
with that option—
(i) has a written agreement with 1 or more
State or local agencies administering health
programs for children under titles XIX and
XXI of the Social Security Act (42 U.S.C.
1396 et seq. and 1397aa et seq.) that requires
the health agencies to use the information
obtained under subparagraph (A) to seek to
enroll children in those health programs;
and
(ii)(I) notifies each household, the informa-
tion of which shall be disclosed under sub-
paragraph (A), that the information dis-
closed will be used only to enroll children in
health programs referred to in subparagraph
(A)(iv); and
(II) provides each parent or guardian of a
child in the household with an opportunity
to elect not to have the information dis-
closed.
(E) USE OF DISCLOSED INFORMATION.—A per-
son to which information is disclosed under
subparagraph (A)(iv)(I) shall use or disclose
the information only as necessary for the pur-
pose of enrolling children in health programs
referred to in subparagraph (A)(iv).
(7) FREE
AND
REDUCED
PRICE
POLICY
STATE-
MENT.—
(A) IN
GENERAL.—After the initial submis-
sion, a local educational agency shall not be
required to submit a free and reduced price
policy statement to a State educational agen-
Page 4903
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
2 So in original. Probably should be ‘‘be’’.
cy under this chapter unless there is a sub-
stantive change in the free and reduced price
policy of the local educational agency.
(B) ROUTINE CHANGE.—A routine change in
the policy of a local educational agency (such
as an annual adjustment of the income eligi-
bility guidelines for free and reduced price
meals) shall not be sufficient cause for requir-
ing the local educational agency to submit a
policy statement.
(8) COMMUNICATIONS.—
(A) IN GENERAL.—Any communication with a
household under this subsection or subsection
(d) shall be in an understandable and uniform
format and, to the maximum extent prac-
ticable, in a language that parents and legal
guardians can understand.
(B) ELECTRONIC
AVAILABILITY.—In addition
to the distribution of applications and descrip-
tive material in paper form as provided for in
this paragraph, the applications and material
may be made available electronically via the
Internet.
(9) ELIGIBILITY FOR FREE AND REDUCED PRICE
LUNCHES.—
(A) FREE LUNCHES.—Any child who is a mem-
ber of a household whose income, at the time
the application is submitted, is at an annual
rate which does not exceed the applicable fam-
ily size income level of the income eligibility
guidelines for free lunches, as determined
under paragraph (1), shall be served a free
lunch.
(B) REDUCED PRICE LUNCHES.—
(i) IN GENERAL.—Any child who is a mem-
ber of a household whose income, at the
time the application is submitted, is at an
annual rate greater than the applicable fam-
ily size income level of the income eligi-
bility guidelines for free lunches, as deter-
mined under paragraph (1), but less than or
equal to the applicable family size income
level of the income eligibility guidelines for
reduced price lunches, as determined under
paragraph (1), shall be served a reduced price
lunch.
(ii) MAXIMUM PRICE.—The price charged for
a reduced price lunch shall not exceed 40
cents.
(C) DURATION.—Except as otherwise specified
in paragraph (3)(E), (3)(H)(ii), and section
1759a(a) of this title, eligibility for free or re-
duced price meals for any school year shall re-
main in effect—
(i) beginning on the date of eligibility ap-
proval for the current school year; and
(ii) ending on a date during the subsequent
school year determined by the Secretary.
(10) No physical segregation of or other dis-
crimination against any child eligible for a free
lunch or a reduced price lunch under this sub-
section shall be made by the school nor shall
there by 2 any overt identification of any child
by special tokens or tickets, announced or pub-
lished lists of names, or by other means.
(11) Any child who has a parent or guardian
who (A) is responsible for the principal support
of such child and (B) is unemployed shall be
served a free or reduced price lunch, respec-
tively, during any period (i) in which such
child’s parent or guardian continues to be unem-
ployed and (ii) the income of the child’s parents
or guardians during such period of unemploy-
ment falls within the income eligibility criteria
for free lunches or reduced price lunches, respec-
tively, based on the current rate of income of
such parents or guardians. Local educational
agencies shall publicly announce that such chil-
dren are eligible for a free or reduced price
lunch, and shall make determinations with re-
spect to the status of any parent or guardian of
any child under clauses (A) and (B) of the pre-
ceding sentence on the basis of a statement exe-
cuted in such form as the Secretary may pre-
scribe by such parent or guardian. No physical
segregation of, or other discrimination against,
any child eligible for a free or reduced price
lunch under this paragraph shall be made by the
school nor shall there be any overt identifica-
tion of any such child by special tokens or tick-
ets, announced or published lists of names, or by
any other means.
(12)(A) A child shall be considered automati-
cally eligible for a free lunch and breakfast
under this chapter and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), respectively, with-
out further application or eligibility determina-
tion, if the child is—
(i) a member of a household receiving assist-
ance under the supplemental nutrition assist-
ance program authorized under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(ii) a member of a family (under the State
program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.)) that
the Secretary determines complies with stand-
ards established by the Secretary that ensure
that the standards under the State program
are comparable to or more restrictive than
those in effect on June 1, 1995;
(iii) enrolled as a participant in a Head Start
program authorized under the Head Start Act
(42 U.S.C. 9831 et seq.), on the basis of a deter-
mination that the child meets the eligibility
criteria prescribed under section 645(a)(1)(B) of
the Head Start Act (42 U.S.C. 9840(a)(1)(B));
(iv) a homeless child or youth (defined as 1
of the individuals described in section 11434a(2)
of this title);
(v) served by the runaway and homeless
youth grant program established under the
Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.); 1
(vi) a migratory child (as defined in section
6399 of title 20); or
(vii)(I) a foster child whose care and place-
ment is the responsibility of an agency that
administers a State plan under part B or E of
title IV of the Social Security Act [42 U.S.C.
620 et seq., 670 et seq.]; or
(II) a foster child who a court has placed
with a caretaker household.
(B) Proof of receipt of supplemental nutrition
assistance program benefits or assistance under
the State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et
seq.) that the Secretary determines complies
with standards established by the Secretary
Page 4904
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
3 So in original. Another closing parenthesis probably should
appear.
that ensure that the standards under the State
program are comparable to or more restrictive
than those in effect on June 1, 1995, or of enroll-
ment or participation in a Head Start program
on the basis described in subparagraph (A)(iii),
shall be sufficient to satisfy any verification re-
quirement imposed under this subsection.
(13) EXCLUSION OF CERTAIN MILITARY HOUSING
ALLOWANCES.—The amount of a basic allowance
provided under section 403 of title 37 on behalf of
a member of a uniformed service for housing
that is acquired or constructed under subchapter
IV of chapter 169 of title 10, or any related provi-
sion of law, shall not be considered to be income
for the purpose of determining the eligibility of
a child who is a member of the household of the
member of a uniformed service for free or re-
duced price lunches under this chapter.
(14) COMBAT PAY.—
(A) DEFINITION OF COMBAT PAY.—In this para-
graph, the term ‘‘combat pay’’ means any ad-
ditional payment under chapter 5 of title 37, or
otherwise designated by the Secretary to be
appropriate for exclusion under this para-
graph, that is received by or from a member of
the United States Armed Forces deployed to a
designated combat zone, if the additional
pay—
(i) is the result of deployment to or service
in a combat zone; and
(ii) was not received immediately prior to
serving in a combat zone.
(B) EXCLUSION.—Combat pay shall not be
considered to be income for the purpose of de-
termining the eligibility for free or reduced
price meals of a child who is a member of the
household of a member of the United States
Armed Forces.
(15) DIRECT
CERTIFICATION
FOR
CHILDREN
RE-
CEIVING MEDICAID BENEFITS.—
(A) DEFINITIONS.—In this paragraph:
(i) ELIGIBLE
CHILD.—The term ‘‘eligible
child’’ means a child—
(I)(aa) who is eligible for and receiving
medical assistance under the Medicaid pro-
gram; and
(bb) who is a member of a family with an
income as measured by the Medicaid pro-
gram before the application of any ex-
pense, block, or other income disregard,
that does not exceed 133 percent of the
poverty line (as defined in section 9902(2)
of this title, including any revision re-
quired by such section) applicable to a
family of the size used for purposes of de-
termining eligibility for the Medicaid pro-
gram; or
(II) who is a member of a household (as
that term is defined in section 245.2 of title
7, Code of Federal Regulations (or suc-
cessor regulations) 3 with a child described
in subclause (I).
(ii) MEDICAID PROGRAM.—The term ‘‘Med-
icaid program’’ means the program of med-
ical assistance established under title XIX of
the Social Security Act (42 U.S.C. 1396 et
seq.).
(B) DEMONSTRATION PROJECT.—
(i) IN
GENERAL.—The Secretary, acting
through the Administrator of the Food and
Nutrition Service and in cooperation with
selected State agencies, shall conduct a
demonstration project in selected local edu-
cational agencies to determine whether di-
rect certification of eligible children is an
effective method of certifying children for
free lunches and breakfasts under subsection
(b)(1)(A) and section 4(e)(1)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)(A)).
(ii) SCOPE
OF
PROJECT.—The Secretary
shall carry out the demonstration project
under this subparagraph—
(I) for the school year beginning July 1,
2012, in selected local educational agencies
that collectively serve 2.5 percent of stu-
dents certified for free and reduced price
meals nationwide, based on the most re-
cent available data;
(II) for the school year beginning July 1,
2013, in selected local educational agencies
that collectively serve 5 percent of stu-
dents certified for free and reduced price
meals nationwide, based on the most re-
cent available data; and
(III) for the school year beginning July 1,
2014, and each subsequent school year, in
selected local educational agencies that
collectively serve 10 percent of students
certified for free and reduced price meals
nationwide, based on the most recent
available data.
(iii) PURPOSES OF THE PROJECT.—At a min-
imum, the purposes of the demonstration
project shall be—
(I) to determine the potential of direct
certification with the Medicaid program to
reach children who are eligible for free
meals but not certified to receive the
meals;
(II) to determine the potential of direct
certification with the Medicaid program to
directly certify children who are enrolled
for free meals based on a household appli-
cation; and
(III) to provide an estimate of the effect
on Federal costs and on participation in
the school lunch program under this chap-
ter and the school breakfast program es-
tablished by section 4 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773) of direct
certification with the Medicaid program.
(iv) COST ESTIMATE.—For each of 2 school
years of the demonstration project, the Sec-
retary shall estimate the cost of the direct
certification of eligible children for free
school meals through data derived from—
(I) the school meal programs authorized
under this chapter and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.);
(II) the Medicaid program; and
(III) interviews with a statistically rep-
resentative sample of households.
(C) AGREEMENT.—
(i) IN GENERAL.—Not later than July 1 of
the first school year during which a State
agency will participate in the demonstration
project, the State agency shall enter into an
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
agreement with the 1 or more State agencies
conducting eligibility determinations for the
Medicaid program.
(ii) WITHOUT
FURTHER
APPLICATION.—Sub-
ject to paragraph (6), the agreement de-
scribed in subparagraph (D) shall establish
procedures under which an eligible child
shall be certified for free lunches under this
chapter and free breakfasts under section 4
of the Child Nutrition Act of 1966 (42 U.S.C.
1773), without further application (as defined
in paragraph (4)(G)).
(D) CERTIFICATION.—For the school year be-
ginning on July 1, 2012, and each subsequent
school year, subject to paragraph (6), the local
educational agencies participating in the dem-
onstration project shall certify an eligible
child as eligible for free lunches under this
chapter and free breakfasts under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
without further application (as defined in
paragraph (4)(G)).
(E) SITE SELECTION.—
(i) IN GENERAL.—To be eligible to partici-
pate in the demonstration project under this
subsection, a State agency shall submit to
the Secretary an application at such time,
in such manner, and containing such infor-
mation as the Secretary may require.
(ii) CONSIDERATIONS.—In selecting States
and local educational agencies for participa-
tion in the demonstration project, the Sec-
retary may take into consideration such fac-
tors as the Secretary considers to be appro-
priate, which may include—
(I) the rate of direct certification;
(II) the share of individuals who are eli-
gible for benefits under the supplemental
nutrition assistance program established
under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) who participate in the
program, as determined by the Secretary;
(III) the income eligibility limit for the
Medicaid program;
(IV) the feasibility of matching data be-
tween local educational agencies and the
Medicaid program;
(V) the socioeconomic profile of the
State or local educational agencies; and
(VI) the willingness of the State and
local educational agencies to comply with
the requirements of the demonstration
project.
(F) ACCESS TO DATA.—For purposes of con-
ducting the demonstration project under this
paragraph, the Secretary shall have access
to—
(i) educational and other records of State
and local educational and other agencies and
institutions receiving funding or providing
benefits for 1 or more programs authorized
under this chapter or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.); and
(ii) income and program participation in-
formation
from
public
agencies
admin-
istering the Medicaid program.
(G) REPORT TO CONGRESS.—
(i) IN GENERAL.—Not later than October 1,
2014, the Secretary shall submit to the Com-
mittee on Education and Labor of the House
of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate, an interim report that describes the
results of the demonstration project re-
quired under this paragraph.
(ii) FINAL REPORT.—Not later than October
1, 2015, the Secretary shall submit a final re-
port to the committees described in clause
(i).
(H) FUNDING.—
(i) IN GENERAL.—On October 1, 2010, out of
any funds in the Treasury not otherwise ap-
propriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out
subparagraph (G) $5,000,000, to remain avail-
able until expended.
(ii) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall ac-
cept, and shall use to carry out subpara-
graph (G) the funds transferred under clause
(i), without further appropriation.
(c) Operation on nonprofit basis; donation of ag-
ricultural commodities
School lunch programs under this chapter
shall be operated on a nonprofit basis. Commod-
ities purchased under the authority of section
612c of title 7, may be donated by the Secretary
to schools, in accordance with the needs as de-
termined by local school authorities, for utiliza-
tion in the school lunch program under this
chapter as well as to other schools carrying out
nonprofit school lunch programs and institu-
tions authorized to receive such commodities.
The requirements of this section relating to the
service of meals without cost or at a reduced
cost shall apply to the lunch program of any
school utilizing commodities donated under any
provision of law.
(d) Social Security numbers and other docu-
mentation required as condition of eligibility
(1) The Secretary shall require as a condition
of eligibility for receipt of free or reduced price
lunches that the member of the household who
executes the application furnish the last 4 digits
of the social security account number of the
parent or guardian who is the primary wage
earner responsible for the care of the child for
whom the application is made, or that of an-
other appropriate adult member of the child’s
household, as determined by the Secretary.
(2) No member of a household may be provided
a free or reduced price lunch under this chapter
unless—
(A) appropriate documentation relating to
the income of such household (as prescribed by
the Secretary) has been provided to the appro-
priate local educational agency so that the
local educational agency may calculate the
total income of such household;
(B) documentation showing that the house-
hold is participating in the supplemental nu-
trition assistance program under the Food and
Nutrition Act of 2008 [7 U.S.C. 2011 et seq.] has
been provided to the appropriate local edu-
cational agency;
(C) documentation has been provided to the
appropriate local educational agency showing
that the family is receiving assistance under
the State program funded under part A of title
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
IV of the Social Security Act [42 U.S.C. 601 et
seq.] that the Secretary determines complies
with standards established by the Secretary
that ensure that the standards under the State
program are comparable to or more restrictive
than those in effect on June 1, 1995;
(D) documentation has been provided to the
appropriate local educational agency showing
that the child meets the criteria specified in
clauses (iv) or (v) of subsection (b)(12)(A);
(E) documentation has been provided to the
appropriate local educational agency showing
the status of the child as a migratory child (as
defined in section 6399 of title 20);
(F)(i) documentation has been provided to
the appropriate local educational agency
showing the status of the child as a foster
child whose care and placement is the respon-
sibility of an agency that administers a State
plan under part B or E of title IV of the Social
Security Act [42 U.S.C. 620 et seq., 670 et seq.];
or
(ii) documentation has been provided to the
appropriate local educational agency showing
the status of the child as a foster child who a
court has placed with a caretaker household;
or
(G) documentation has been provided to the
appropriate local educational agency showing
the status of the child as an eligible child (as
defined in subsection (b)(15)(A)).
(e) Limitation on meal contracting
A school or school food authority partici-
pating in a program under this chapter may not
contract with a food service company to provide
a la carte food service unless the company
agrees to offer free, reduced price, and full-price
reimbursable meals to all eligible children.
(f) Nutritional requirements
(1) IN
GENERAL.—Schools that are partici-
pating in the school lunch program or school
breakfast program shall serve lunches and
breakfasts that—
(A) are consistent with the goals of the most
recent Dietary Guidelines for Americans pub-
lished under section 5341 of title 7; and
(B) consider the nutrient needs of children
who may be at risk for inadequate food intake
and food insecurity.
(2) To assist schools in meeting the require-
ments of this subsection, the Secretary—
(A) shall—
(i) develop, and provide to schools, stand-
ardized recipes, menu cycles, and food prod-
uct
specification
and
preparation
tech-
niques; and
(ii) provide to schools information regard-
ing nutrient standard menu planning, as-
sisted nutrient standard menu planning, and
food-based menu systems; and
(B) may provide to schools information re-
garding other approaches, as determined by
the Secretary.
(3) USE OF ANY REASONABLE APPROACH.—
(A) IN GENERAL.—A school food service au-
thority may use any reasonable approach,
within guidelines established by the Secretary
in a timely manner, to meet the requirements
of this subsection, including—
(i) using the school nutrition meal pattern
in effect for the 1994–1995 school year; and
(ii) using any of the approaches described
in paragraph (3).
(B) NUTRIENT ANALYSIS.—The Secretary may
not require a school to conduct or use a nutri-
ent analysis to meet the requirements of this
subsection.
(4) WAIVER
OF
REQUIREMENT
FOR
WEIGHTED
AVERAGES FOR NUTRIENT ANALYSIS.—During the
period ending on September 30, 2010, the Sec-
retary shall not require the use of weighted
averages for nutrient analysis of menu items
and foods offered or served as part of a meal of-
fered or served under the school lunch program
under this chapter or the school breakfast pro-
gram under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773).
(g) Justification of production records; paper-
work reduction
Not later than 1 year after November 2, 1994,
the Secretary shall provide a notification to
Congress that justifies the need for production
records required under section 210.10(b) of title 7,
Code of Federal Regulations, and describes how
the Secretary has reduced paperwork relating to
the school lunch and school breakfast programs.
(h) Food safety
(1) In general
A school participating in the school lunch
program under this chapter or the school
breakfast program under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) shall—
(A) at least twice during each school year,
obtain a food safety inspection conducted by
a State or local governmental agency re-
sponsible for food safety inspections;
(B) post in a publicly visible location a re-
port on the most recent inspection con-
ducted under subparagraph (A); and
(C) on request, provide a copy of the report
to a member of the public.
(2) State and local government inspections
Nothing in paragraph (1) prevents any State
or local government from adopting or enforc-
ing any requirement for more frequent food
safety inspections of schools.
(3) Audits and reports by States
For fiscal year 2024, each State shall annu-
ally—
(A) audit food safety inspections of schools
conducted under paragraphs (1) and (2); and
(B) submit to the Secretary a report of the
results of the audit.
(4) Audit by the Secretary
For fiscal year 2024, the Secretary shall an-
nually audit State reports of food safety in-
spections of schools submitted under para-
graph (3).
(5) School food safety program
(A) In general
Each school food authority shall imple-
ment a school food safety program, in the
preparation and service of each meal served
to children, that complies with any hazard
Page 4907
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
analysis and critical control point system
established by the Secretary.
(B) Applicability
Subparagraph (A) shall apply to any facil-
ity or part of a facility in which food is
stored, prepared, or served for the purposes
of the school nutrition programs under this
chapter or section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
(i) Single permanent agreement between State
agency and school food authority; common
claims form
(1) In general
If a single State agency administers any
combination of the school lunch program
under this chapter, the school breakfast pro-
gram under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773), the summer food
service program for children under section 1761
of this title, or the child and adult care food
program under section 1766 of this title, the
agency shall—
(A) require each school food authority to
submit to the State agency a single agree-
ment with respect to the operation by the
authority of the programs administered by
the State agency; and
(B) use a common claims form with re-
spect to meals and supplements served under
the programs administered by the State
agency.
(2) Additional requirement
The agreement described in paragraph (1)(A)
shall be a permanent agreement that may be
amended as necessary.
(j) Purchases of locally produced foods
The Secretary shall—
(1) encourage institutions receiving funds
under this chapter and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) to purchase un-
processed agricultural products, both locally
grown and locally raised, to the maximum ex-
tent practicable and appropriate;
(2) advise institutions participating in a pro-
gram described in paragraph (1) of the policy
described in that paragraph and paragraph (3)
and post information concerning the policy on
the website maintained by the Secretary; and
(3) allow institutions receiving funds under
this chapter and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.), including the De-
partment of Defense Fresh Fruit and Vege-
table Program, to use a geographic preference
for the procurement of unprocessed agricul-
tural products, both locally grown and locally
raised.
(k) Information on the school nutrition environ-
ment
(1) In general
The Secretary shall—
(A) establish requirements for local edu-
cational agencies participating in the school
lunch program under this chapter and the
school breakfast program established by sec-
tion 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773) to report information about the
school nutrition environment, for all schools
under the jurisdiction of the local edu-
cational agencies, to the Secretary and to
the public in the State on a periodic basis;
and
(B) provide training and technical assist-
ance to States and local educational agen-
cies on the assessment and reporting of the
school nutrition environment, including the
use of any assessment materials developed
by the Secretary.
(2) Requirements
In establishing the requirements for report-
ing on the school nutrition environment under
paragraph (1), the Secretary shall—
(A) include information pertaining to food
safety inspections, local wellness policies,
meal program participation, the nutritional
quality of program meals, and other infor-
mation as determined by the Secretary; and
(B) ensure that information is made avail-
able to the public by local educational agen-
cies in an accessible, easily understood man-
ner in accordance with guidelines estab-
lished by the Secretary.
(3) Authorization of appropriations
There are authorized to be appropriated to
carry out this subsection such sums as are
necessary for each of fiscal years 2011 through
2015.
(l) Food donation program
(1) In general
Each school and local educational agency
participating in the school lunch program
under this chapter may donate any food not
consumed under such program to eligible local
food banks or charitable organizations.
(2) Guidance
(A) In general
Not later than 180 days after November 18,
2011, the Secretary shall develop and publish
guidance to schools and local educational
agencies participating in the school lunch
program under this chapter to assist such
schools and local educational agencies in do-
nating food under this subsection.
(B) Updates
The Secretary shall update such guidance
as necessary.
(3) Liability
Any school or local educational agency mak-
ing donations pursuant to this subsection
shall be exempt from civil and criminal liabil-
ity to the extent provided under section 1791 of
this title.
(4) Definition
In this subsection, the term ‘‘eligible local
food banks or charitable organizations’’ means
any food bank or charitable organization
which is exempt from tax under section
501(c)(3) of title 26.
(June 4, 1946, ch. 281, § 9, 60 Stat. 233; Pub. L.
90–302, § 2(b), May 8, 1968, 82 Stat. 117; Pub. L.
91–248, § 6(a), (b), (d), (e), May 14, 1970, 84 Stat.
210; Pub. L. 92–153, § 5, Nov. 5, 1971, 85 Stat. 420;
Pub. L. 92–433, § 5, Sept. 26, 1972, 86 Stat. 726;
Page 4908
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
Pub. L. 93–150, § 9, Nov. 7, 1973, 87 Stat. 564; Pub.
L. 93–326, § 4, June 30, 1974, 88 Stat. 286; Pub. L.
94–105, § 6, Oct. 7, 1975, 89 Stat. 512; Pub. L. 95–166,
§ 8, Nov. 10, 1977, 91 Stat. 1335; Pub. L. 95–627, § 8,
Nov. 10, 1978, 92 Stat. 3622; Pub. L. 97–35, title
VIII, §§ 803(a), (b), 811, Aug. 13, 1981, 95 Stat. 524,
525, 529; Pub. L. 99–500, title III, §§ 322–324, Oct.
18, 1986, 100 Stat. 1783–361, and Pub. L. 99–591,
title III, §§ 322–324, Oct. 30, 1986, 100 Stat.
3341–364;
Pub.
L.
99–661,
div.
D,
title
II,
§§ 4202–4204, Nov. 14, 1986, 100 Stat. 4072; Pub. L.
100–356, § 1, June 28, 1988, 102 Stat. 669; Pub. L.
101–147, title I, § 101, title II, § 202(a)(1), (2)(A), (b),
title III, §§ 305, 312(1), (2), Nov. 10, 1989, 103 Stat.
878, 908, 914, 916; Pub. L. 103–448, title I, §§ 105(a),
106–109(a), 110, Nov. 2, 1994, 108 Stat. 4701–4705;
Pub. L. 104–149, § 2, May 29, 1996, 110 Stat. 1379;
Pub. L. 104–193, title I, § 109(g), title VII, §§ 702,
703, Aug. 22, 1996, 110 Stat. 2170, 2288, 2289; Pub.
L. 105–336, title I, § 102, Oct. 31, 1998, 112 Stat.
3144; Pub. L. 106–224, title II, § 242(a), June 20,
2000, 114 Stat. 411; Pub. L. 107–171, title IV,
§§ 4302(a), 4303, May 13, 2002, 116 Stat. 330, 331;
Pub. L. 108–134, § 1, Nov. 22, 2003, 117 Stat. 1389;
Pub. L. 108–211, § 1, Mar. 31, 2004, 118 Stat. 566;
Pub. L. 108–265, title I, §§ 102–104(b)(1), (d)(1), (2),
105(a), 106–108(a), 109–112, June 30, 2004, 118 Stat.
731–734, 737, 738, 745–747; Pub. L. 108–447, div. A,
title VII, § 788(a), Dec. 8, 2004, 118 Stat. 2851; Pub.
L. 110–134, § 29(c)(1), Dec. 12, 2007, 121 Stat. 1449;
Pub. L. 110–234, title IV, §§ 4002(b)(1)(A), (B), (E),
(2)(Z), 4302, May 22, 2008, 122 Stat. 1095–1097, 1125;
Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(A),
(B), (E), (2)(Z), 4302, June 18, 2008, 122 Stat. 1664,
1857, 1859, 1887; Pub. L. 111–80, title VII, §§ 734(a),
749(b), (c), Oct. 21, 2009, 123 Stat. 2125, 2131; Pub.
L. 111–296, title I, §§ 101—103(b), title II, §§ 202, 203,
209, 242, title III, §§ 301, 302, title IV, §§ 402,
441(a)(1), Dec. 13, 2010, 124 Stat. 3185–3191, 3216,
3222, 3236, 3240, 3259, 3261; Pub. L. 112–55, div. A,
title VII, § 734, Nov. 18, 2011, 125 Stat. 587; Pub. L.
115–31, div. A, title IV, May 5, 2017, 131 Stat. 159;
Pub. L. 115–141, div. A, title IV, Mar. 23, 2018, 132
Stat. 373; Pub. L. 116–6, div. B, title IV, Feb. 15,
2019, 133 Stat. 67; Pub. L. 116–94, div. B, title IV,
Dec. 20, 2019, 133 Stat. 2635; Pub. L. 116–260, div.
A, title IV, Dec. 27, 2020, 134 Stat. 1209; Pub. L.
117–103, div. A, title IV, Mar. 15, 2022, 136 Stat. 77;
Pub. L. 117–328, div. A, title IV, Dec. 29, 2022, 136
Stat. 4488; Pub. L. 118–42, div. B, title IV, Mar. 9,
2024, 138 Stat. 92.)
Editorial Notes
REFERENCES IN TEXT
The Child Nutrition Act of 1966, referred to in text, is
Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classi-
fied 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.
The Food and Nutrition Act of 2008, referred to in
text, is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which
is classified generally to chapter 51 (§ 2011 et seq.) of
Title 7, Agriculture. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 2011 of Title 7 and Tables.
The Social Security Act, referred to in text, is act
Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts A, B, and E of
title IV, title XIX, and title XXI of the Act are classi-
fied generally to parts A (§ 601 et seq.), B (§ 620 et seq.),
and E (§ 670 et seq.) of subchapter IV, subchapter XIX
(§ 1396 et seq.), and subchapter XXI (§ 1397aa et seq.), re-
spectively, of chapter 7 of this title. For complete clas-
sification of this Act to the Code, see section 1305 of
this title and Tables.
The Runaway and Homeless Youth Act, referred to in
subsec. (b)(5)(C), (12)(A)(v), is title III of Pub. L. 93–415,
Sept. 7, 1974, 88 Stat. 1129, which was classified gen-
erally to subchapter III (§ 5701 et seq.) of chapter 72 of
this title, prior to editorial reclassification and renum-
bering as subchapter III (§ 11201 et seq.) of chapter 111
of Title 34, Crime Control and Law Enforcement. For
complete classification of this Act to the Code, see
Short Title of 1974 Act note set out under section 10101
of Title 34 and Tables.
The
Head
Start
Act,
referred
to
in
subsec.
(b)(12)(A)(iii), is subchapter B (§§ 635–657) of chapter 8 of
subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95
Stat. 499, which is classified generally to subchapter II
(§ 9831 et seq.) of chapter 105 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 9801 of this title and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
AMENDMENTS
2024—Subsec. (h)(3). Pub. L. 118–42 substituted ‘‘For
fiscal year 2024’’ for ‘‘For fiscal year 2023’’ in introduc-
tory provisions.
Subsec. (h)(4). Pub. L. 118–42 substituted ‘‘For fiscal
year 2024’’ for ‘‘For fiscal year 2023’’.
2022—Subsec. (h)(3). Pub. L. 117–328 substituted ‘‘For
fiscal year 2023’’ for ‘‘For fiscal year 2022’’ in introduc-
tory provisions.
Pub. L. 117–103 substituted ‘‘For fiscal year 2022’’ for
‘‘For fiscal year 2021’’ in introductory provisions.
Subsec. (h)(4). Pub. L. 117–328 substituted ‘‘For fiscal
year 2023’’ for ‘‘For fiscal year 2022’’.
Pub. L. 117–103 substituted ‘‘For fiscal year 2022’’ for
‘‘For fiscal year 2021’’.
2020—Subsec. (h)(3). Pub. L. 116–260 substituted ‘‘For
fiscal year 2021’’ for ‘‘For fiscal year 2020’’ in introduc-
tory provisions.
Subsec. (h)(4). Pub. L. 116–260 substituted ‘‘For fiscal
year 2021’’ for ‘‘For fiscal year 2020’’.
2019—Subsec. (h)(3). Pub. L. 116–94 substituted ‘‘For
fiscal year 2020’’ for ‘‘For fiscal year 2019’’ in introduc-
tory provisions.
Pub. L. 116–6, which directed substitution of ‘‘For fis-
cal year 2019’’ for ‘‘For fiscal year 2018’’, was executed
by making the substitution for ‘‘for fiscal year 2018’’ in
introductory provisions, to reflect the probable intent
of Congress.
Subsec. (h)(4). Pub. L. 116–94 substituted ‘‘For fiscal
year 2020’’ for ‘‘For fiscal year 2019’’.
Pub. L. 116–6, which directed substitution of ‘‘For fis-
cal year 2019’’ for ‘‘For fiscal year 2018’’, was executed
by making the substitution for ‘‘for fiscal year 2018’’, to
reflect the probable intent of Congress.
2018—Subsec. (h)(3). Pub. L. 115–141, substituted ‘‘for
fiscal year 2018’’ for ‘‘for fiscal year 2017’’ in introduc-
tory provisions.
Subsec. (h)(4). Pub. L. 115–141, substituted ‘‘for fiscal
year 2018’’ for ‘‘for fiscal year 2017’’.
2017—Subsec. (h)(3). Pub. L. 115–31, which directed
substitution of ‘‘for fiscal year 2017’’ for ‘‘for each of
fiscal years 2011 through 2015’’, was executed by making
the substitution for ‘‘For each of fiscal years 2011
through 2015’’ in introductory provisions, to reflect the
probable intent of Congress.
Subsec. (h)(4). Pub. L. 115–31, which directed substi-
tution of ‘‘for fiscal year 2017’’ for ‘‘for each of fiscal
years 2011 through 2015’’, was executed by making the
substitution for ‘‘For each of fiscal years 2011 through
2015’’, to reflect the probable intent of Congress.
2011—Subsec. (l). Pub. L. 112–55 added subsec. (l).
Page 4909
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
2010—Subsec. (a)(2)(A)(i). Pub. L. 111–296, § 202, added
cl. (i) and struck out former cl. (i) which read as fol-
lows: ‘‘shall offer students fluid milk in a variety of fat
contents;’’.
Subsec. (a)(4)(C). Pub. L. 111–296, § 242, added subpar.
(C).
Subsec. (a)(5). Pub. L. 111–296, § 203, added par. (5).
Subsec. (b)(4). Pub. L. 111–296, § 101(a)(1), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp’’ in heading.
Subsec. (b)(4)(E). Pub. L. 111–296, § 101(a)(2), added sub-
par. (E).
Subsec. (b)(4)(F). Pub. L. 111–296, § 101(b), added sub-
par. (F).
Subsec. (b)(4)(G). Pub. L. 111–296, § 101(c), added sub-
par. (G).
Subsec. (b)(5)(E). Pub. L. 111–296, § 102(a), added sub-
par. (E).
Subsec. (b)(12)(A)(iv). Pub. L. 111–296, § 102(b)(1), in-
serted closing parenthesis before semicolon at end.
Subsec. (b)(12)(A)(vii). Pub. L. 111–296, § 102(b)(2)–(4),
added cl. (vii).
Subsec. (b)(15). Pub. L. 111–296, § 103(a), added par. (15).
Subsec. (d)(1). Pub. L. 111–296, § 301, inserted ‘‘the last
4 digits of’’ before ‘‘the social security account num-
ber’’ in first sentence and struck out second sentence
which read as follows: ‘‘The Secretary shall require
that social security account numbers of all adult mem-
bers of the household be provided if verification of the
data contained in the application is sought under sub-
section (b)(3)(G) of this section.’’
Subsec. (d)(2)(F). Pub. L. 111–296, § 102(c), added sub-
par. (F).
Subsec. (d)(2)(G). Pub. L. 111–296, § 103(b), added sub-
par. (G).
Subsec. (f). Pub. L. 111–296, § 441(a)(1), inserted subsec.
heading, added par. (1), redesignated former pars. (3) to
(5) as (2) to (4), respectively, and struck out former
pars. (1) and (2) which related to nutritional require-
ments and grants of waivers from such requirements by
State educational agencies.
Subsec. (h)(3). Pub. L. 111–296, § 402(1), substituted
‘‘2011 through 2015’’ for ‘‘2006 through 2010’’ in introduc-
tory provisions.
Subsec. (h)(4). Pub. L. 111–296, § 402(2), substituted
‘‘2011 through 2015’’ for ‘‘2006 through 2010’’.
Subsec. (h)(5). Pub. L. 111–296, § 302, designated exist-
ing provisions as subpar. (A), inserted heading, and
added subpar. (B).
Subsec. (k). Pub. L. 111–296, § 209, added subsec. (k).
2009—Subsec. (b)(14). Pub. L. 111–80, § 734(a), added
par. (14).
Subsec. (f)(5). Pub. L. 111–80, § 749(b), substituted
‘‘2010’’ for ‘‘2009’’.
Subsec. (h)(3), (4). Pub. L. 111–80, § 749(c), substituted
‘‘2010’’ for ‘‘2009’’.
2008—Subsec.
(b)(2)
to
(4).
Pub.
L.
110–246,
§ 4002(b)(1)(A), (B), (2)(Z), substituted ‘‘supplemental nu-
trition assistance program’’ for ‘‘food stamp program’’
wherever appearing and ‘‘Food and Nutrition Act of
2008’’ for ‘‘Food Stamp Act of 1977’’ wherever appearing.
Subsec. (b)(12)(A)(i). Pub. L. 110–246, § 4002(b)(1)(A),
(B), (2)(Z), substituted ‘‘supplemental nutrition assist-
ance program’’ for ‘‘food stamp program’’ and ‘‘Food
and Nutrition Act of 2008’’ for ‘‘Food Stamp Act of
1977’’.
Subsec. (b)(12)(B). Pub. L. 110–246, § 4002(b)(1)(E),
(2)(Z), substituted ‘‘supplemental nutrition assistance
program benefits’’ for ‘‘food stamps’’.
Subsec. (d)(2)(B). Pub. L. 110–246, § 4002(b)(1)(A), (B),
(2)(Z), substituted ‘‘supplemental nutrition assistance
program’’ for ‘‘food stamp program’’ and ‘‘Food and Nu-
trition Act of 2008’’ for ‘‘Food Stamp Act of 1977’’.
Subsec. (j). Pub. L. 110–246, § 4302, amended subsec. (j)
generally. Prior to amendment, subsec. (j) related to
encouragement of purchases of locally produced foods,
provision of startup grants, and authorization of appro-
priations.
2007—Subsec. (b)(12)(A)(iii). Pub. L. 110–134 sub-
stituted ‘‘the child meets the eligibility criteria pre-
scribed under section 645(a)(1)(B) of the Head Start Act
(42 U.S.C. 9840(a)(1)(B))’’ for ‘‘the child is a member of
a family that meets the low-income criteria prescribed
under section 645(a)(1)(A) of the Head Start Act (42
U.S.C. 9840(a)(1)(A))’’.
2004—Subsec. (a)(2). Pub. L. 108–265, § 102, added par.
(2) and struck out former par. (2) which read as follows:
‘‘Lunches served by schools participating in the school
lunch program under this chapter—
‘‘(A) shall offer students fluid milk; and
‘‘(B) shall offer students a variety of fluid milk con-
sistent with prior year preferences unless the prior
year preference for any such variety of fluid milk is
less than 1 percent of the total milk consumed at the
school.’’
Subsec. (a)(4). Pub. L. 108–265, § 103, added par. (4).
Subsec. (b)(2)(B). Pub. L. 108–265, § 104(a)(2)(A), in-
serted subpar. heading, designated first and second sen-
tences as cls. (i) and (ii), respectively, and inserted
headings, in cl. (ii) substituted ‘‘Forms and descriptive
material distributed in accordance with clause (i)’’ for
‘‘Such forms and descriptive material’’, and added cl.
(iii).
Subsec. (b)(2)(C)(i). Pub. L. 108–265, § 104(a)(2)(B), re-
designated par. (2)(C)(i) as par. (3).
Subsec. (b)(2)(C)(ii) to (vii), (D). Pub. L. 108–265,
§ 104(a)(2)(C), struck out subpars. (C)(ii) to (vii) and (D),
which related to direct certification of children in
households receiving other assistance, disclosure of eli-
gibility information, limitations, sanction for wrongful
disclosure, waiver of confidentiality, use of disclosed
information, and submission of price policy statement
by school food authority.
Subsec. (b)(3). Pub. L. 108–265, § 105(a), added par. (3)
and struck out former par. (3) which read as follows:
‘‘Except as provided in clause (ii), each eligibility de-
termination shall be made on the basis of a complete
application executed by an adult member of the house-
hold. The Secretary, State, or local food authority may
verify any data contained in such application. A local
school food authority shall undertake such verification
of information contained in any such application as the
Secretary may by regulation prescribe and, in accord-
ance with such regulations, shall make appropriate
changes in the eligibility determination with respect to
such application on the basis of such verification.’’
Pub.
L.
108–265,
§ 104(a)(2)(B),
redesignated
par.
(2)(C)(i) as par. (3).
Pub. L. 108–265, § 104(a)(1), redesignated par. (3) as (9).
Subsec. (b)(4). Pub. L. 108–265, § 104(a)(2)(C), added par.
(4).
Pub. L. 108–265, § 104(a)(1), redesignated par. (4) as (10).
Subsec. (b)(5). Pub. L. 108–265, § 104(d)(1), struck out
‘‘(A) IN GENERAL.—’’ before ‘‘Subject to paragraph (6)’’,
redesignated cls. (i) to (iv) as subpars. (A) to (D), re-
spectively, and struck out former subpar. (B). Prior to
amendment, text of subpar. (B) read as follows: ‘‘Sub-
ject to paragraph (6), any local educational agency may
certify any child as eligible for free lunches or break-
fasts, without further application, by directly commu-
nicating with the appropriate State or local agency to
obtain documentation of the status of the child as a
member of a household that is receiving food stamps
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.).’’
Pub. L. 108–265, § 104(b)(1), as amended by Pub. L.
108–447, added par. (5).
Pub. L. 108–265, § 104(a)(1), redesignated par. (5) as (11).
Subsec. (b)(6). Pub. L. 108–265, § 104(b)(1), added par.
(6).
Pub. L. 108–265, § 104(a)(1), redesignated par. (6) as (12).
Subsec. (b)(7). Pub. L. 108–265, § 104(b)(1), added par.
(7).
Pub. L. 108–265, § 104(a)(1), redesignated par. (7) as (13).
Pub. L. 108–211 substituted ‘‘June 30, 2004’’ for ‘‘March
31, 2004’’.
Subsec. (b)(8). Pub. L. 108–265, § 104(b)(1), added par.
(8).
Subsec. (b)(9). Pub. L. 108–265, § 106, inserted par.
heading, designated existing provisions as subpars. (A)
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§ 1758
and (B), inserted subpar. headings, in subpar. (B) des-
ignated existing provisions as cls. (i) and (ii) and in-
serted cl. headings, and added subpar. (C).
Pub. L. 108–265, § 104(a)(1), redesignated par. (3) as (9).
Subsec. (b)(10). Pub. L. 108–265, § 104(a)(1), redesig-
nated par. (4) as (10).
Subsec. (b)(11). Pub. L. 108–265, § 108(a)(1), substituted
‘‘Local educational agencies’’ for ‘‘Local school au-
thorities’’ in second sentence.
Pub. L. 108–265, § 104(a)(1), redesignated par. (5) as (11).
Subsec. (b)(12). Pub. L. 108–265, § 104(a)(1), redesig-
nated par. (6) as (12).
Subsec. (b)(12)(A)(iv) to (vi). Pub. L. 108–265, § 107(a),
added cls. (iv) to (vi).
Subsec. (b)(12)(B). Pub. L. 108–265, § 104(d)(2)(A), sub-
stituted ‘‘this subsection’’ for ‘‘paragraph (2)(C)’’.
Subsec. (b)(13). Pub. L. 108–265, § 109, substituted
‘‘The’’ for ‘‘For each of fiscal years 2002 and 2003 and
through June 30, 2004, the’’.
Pub. L. 108–265, § 104(a)(1), redesignated par. (7) as (13).
Subsec. (d)(1). Pub. L. 108–265, § 104(d)(2)(B), sub-
stituted
‘‘subsection
(b)(3)(G)’’
for
‘‘subsection
(b)(2)(C)’’ in second sentence.
Subsec. (d)(2)(A). Pub. L. 108–265, § 108(a)(2), sub-
stituted ‘‘appropriate local educational agency’’ for
‘‘appropriate local school food authority’’ and ‘‘the
local educational agency’’ for ‘‘such authority’’.
Subsec. (d)(2)(B), (C). Pub. L. 108–265, § 108(a)(2)(A),
substituted ‘‘local educational agency’’ for ‘‘local
school food authority’’.
Subsec. (d)(2)(D), (E). Pub. L. 108–265, § 107(b), added
subpars. (D) and (E).
Subsec. (f)(5). Pub. L. 108–265, § 110, substituted ‘‘Sep-
tember 30, 2009’’ for ‘‘September 30, 2003’’.
Subsec. (h). Pub. L. 108–265, § 111(1), struck out ‘‘in-
spections’’ after ‘‘safety’’ in heading.
Subsec. (h)(1). Pub. L. 108–265, § 111(2), substituted ‘‘A
school’’ for ‘‘Except as provided in paragraph (2), a
school’’, inserted subpar. (A) designation, substituted
‘‘at least twice’’ for ‘‘at least once’’, and added subpars.
(B) and (C).
Subsec. (h)(2) to (5). Pub. L. 108–265, § 111(3), added
pars. (2) to (5) and struck out heading and text of
former par. (2). Text read as follows: ‘‘Paragraph (1)
shall not apply to a school if a food safety inspection
of the school is required by a State or local govern-
mental agency responsible for food safety inspections.’’
Subsec. (j)(2)(A). Pub. L. 108–265, § 112, substituted
‘‘2009’’ for ‘‘2007’’.
2003—Subsec. (b)(7). Pub. L. 108–134 inserted ‘‘and
through March 31, 2004’’ after ‘‘and 2003’’.
2002—Subsec. (b)(7). Pub. L. 107–171, § 4302(a), added
par. (7).
Subsec. (j). Pub. L. 107–171, § 4303, added subsec. (j).
2000—Subsec.
(b)(2)(C)(iii)(IV).
Pub.
L.
106–224,
§ 242(a)(1), added subcl. (IV).
Subsec. (b)(2)(C)(vi), (vii). Pub. L. 106–224, § 242(a)(2),
added cls. (vi) and (vii).
1998—Subsec. (f)(2). Pub. L. 105–336, § 102(a)(1), sub-
stituted ‘‘paragraph (1)’’ for ‘‘subparagraph (A)’’.
Subsec. (f)(3), (4). Pub. L. 105–336, § 102(a)(2), sub-
stituted ‘‘this subsection’’ for ‘‘this paragraph’’ wher-
ever appearing.
Subsec. (f)(5). Pub. L. 105–336, § 102(b), added par. (5).
Subsec. (h). Pub. L. 105–336, § 102(c), added subsec. (h).
Subsec. (i). Pub. L. 105–336, § 102(d), added subsec. (i).
1996—Subsec. (a)(2). Pub. L. 104–193, § 702(a)(1), redes-
ignated par. (2)(A) as (2) and cls. (i) and (ii) of former
subpar. (A) as subpars. (A) and (B), respectively, and
struck out former subpar. (B) which read as follows:
‘‘(B)(i) The Secretary shall purchase in each calendar
year to carry out the school lunch program under this
chapter, and the school breakfast program under sec-
tion 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773),
lowfat cheese on a bid basis in a quantity that is the
milkfat equivalent of the quantity of milkfat the Sec-
retary estimates the Commodity Credit Corporation
will purchase each calendar year as a result of the
elimination of the requirement that schools offer stu-
dents fluid whole milk and fluid unflavored lowfat
milk, based on data provided by the Director of Office
of Management and Budget.
‘‘(ii) Not later than 30 days after the Secretary pro-
vides an estimate required under clause (i), the Direc-
tor of the Congressional Budget Office shall provide to
the appropriate committees of Congress a report on
whether the Director concurs with the estimate of the
Secretary.
‘‘(iii) The quantity of lowfat cheese that is purchased
under this subparagraph shall be in addition to the
quantity of cheese that is historically purchased by the
Secretary to carry out school feeding programs. The
Secretary shall take such actions as are necessary to
ensure that purchases under this subparagraph shall
not displace commercial purchases of cheese by
schools.’’
Subsec. (a)(3), (4). Pub. L. 104–193, § 702(a)(2), (3), redes-
ignated par. (4) as (3) and struck out former par. (3)
which read as follows: ‘‘The Secretary shall establish,
in cooperation with State educational agencies, admin-
istrative procedures, which shall include local edu-
cational agency and student participation, designed to
diminish waste of foods which are served by schools
participating in the school lunch program under this
chapter without endangering the nutritional integrity
of the lunches served by such schools.’’
Subsec. (b)(2)(C)(ii)(II). Pub. L. 104–193, § 109(g)(1)(A),
substituted ‘‘State program funded’’ for ‘‘program for
aid to families with dependent children’’ and inserted
before period at end ‘‘that the Secretary determines
complies with standards established by the Secretary
that ensure that the standards under the State pro-
gram are comparable to or more restrictive than those
in effect on June 1, 1995’’.
Subsec. (b)(2)(D). Pub. L. 104–193, § 703, added subpar.
(D).
Subsec. (b)(6)(A)(ii). Pub. L. 104–193, § 109(g)(1)(B)(i),
substituted ‘‘a family (under the State program fund-
ed’’ for ‘‘an AFDC assistance unit (under the aid to
families with dependent children program authorized’’
and ‘‘that the Secretary determines complies with
standards established by the Secretary that ensure
that the standards under the State program are com-
parable to or more restrictive than those in effect on
June 1, 1995’’ for ‘‘, in a State where the standard of eli-
gibility for the assistance does not exceed 130 percent
of the poverty line (as defined in section 9902(2) of this
title)’’.
Subsec. (b)(6)(B). Pub. L. 104–193, § 109(g)(1)(B)(ii), sub-
stituted ‘‘assistance under the State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) that the Secretary determines com-
plies with standards established by the Secretary that
ensure that the standards under the State program are
comparable to or more restrictive than those in effect
on June 1, 1995’’ for ‘‘aid to families with dependent
children’’.
Subsec. (c). Pub. L. 104–193, § 702(b)(2), struck out
‘‘Each school shall, insofar as practicable, utilize in its
lunch program commodities designated from time to
time by the Secretary as being in abundance, either na-
tionally or in the school area or commodities donated
by the Secretary.’’ after ‘‘operated on a nonprofit
basis.’’, ‘‘The Secretary is authorized to prescribe
terms and conditions respecting the use of commodities
donated under such section 612c of title 7, under section
1431 of title 7 and under section 1446a–1 of title 7, as will
maximize the nutritional and financial contributions of
such donated commodities in such schools and institu-
tions.’’ after ‘‘authorized to receive such commod-
ities.’’, and ‘‘None of the requirements of this section
in respect to the amount for ‘reduced cost’ meals and
to eligibility for meals without cost shall apply to
schools (as defined in section 1760(d)(6) of this title
which are private and nonprofit as defined in the last
sentence of section 1760(d)(6) of this title) which par-
ticipate in the school lunch program under this chapter
until such time as the State educational agency, or in
the case of such schools which participate under the
provisions of section 1759 of this title the Secretary cer-
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
tifies that sufficient funds from sources other than
children’s payments are available to enable such
schools to meet these requirements.’’ at end.
Pub. L. 104–193, § 702(b)(1), substituted ‘‘provision of
law’’ for ‘‘of the provisions of law referred to in the pre-
ceding sentence’’ in fifth sentence.
Subsec. (d)(2)(C). Pub. L. 104–193, § 109(g)(2), sub-
stituted ‘‘State program funded’’ for ‘‘program for aid
to families with dependent children’’ and inserted be-
fore period at end ‘‘that the Secretary determines com-
plies with standards established by the Secretary that
ensure that the standards under the State program are
comparable to or more restrictive than those in effect
on June 1, 1995’’.
Subsec. (f). Pub. L. 104–193, § 702(c)(1)–(3), struck out
‘‘(2)’’ designation before ‘‘(A) Except as provided’’, re-
designated subpars. (A) to (D) as pars. (1) to (4), respec-
tively, and struck out former par. (1) which read as fol-
lows: ‘‘Not later than the first day of the 1996–97 school
year,
the
Secretary,
State
educational
agencies,
schools, and school food service authorities shall, to
the maximum extent practicable, inform students who
participate in the school lunch and school breakfast
programs, and parents and guardians of the students,
of—
‘‘(A) the nutritional content of the lunches and
breakfasts that are served under the programs; and
‘‘(B) the consistency of the lunches and breakfasts
with the guidelines contained in the most recent ‘Di-
etary Guidelines for Americans’ that is published
under section 5341 of title 7 (referred to in this sub-
section as the ‘Guidelines’), including the consistency
of the lunches and breakfasts with the guideline for
fat content.’’
Subsec. (f)(1). Pub. L. 104–193, § 702(c)(4), added par. (1)
and struck out former par. (1), as redesignated by Pub.
L. 104–193, § 702(c)(3), which read as follows: ‘‘Except as
provided in subparagraph (B), not later than the first
day of the 1996–97 school year, schools that are partici-
pating in the school lunch or school breakfast program
shall serve lunches and breakfasts under the programs
that are consistent with the Guidelines (as measured in
accordance with subsection (a)(1)(A)(ii) of this section
and section 4(e)(1)).’’
Subsec. (f)(2)(D). Pub. L. 104–149 added subpar. (D) and
struck out former subpar. (D) which read as follows:
‘‘Schools may use any of the approaches described in
subparagraph (C) to meet the requirements of this
paragraph. In the case of schools that elect to use food-
based menu systems to meet the requirements of this
paragraph, the Secretary may not require the schools
to conduct or use nutrient analysis.’’
Subsec. (f)(3). Pub. L. 104–193, § 702(c)(5), redesignated
cls. (i) and (ii) as subpars. (A) and (B), respectively, and
subcls. (I) and (II) of subpar. (A) as cls. (i) and (ii), re-
spectively.
Subsec. (f)(4). Pub. L. 104–193, § 702(c)(6), redesignated
cls. (i) and (ii) as subpars. (A) and (B), respectively, in
subpar. (A), redesignated subcls. (I) and (II) as cls. (i)
and (ii), respectively, and in subpar. (A)(ii), substituted
‘‘paragraph (3)’’ for ‘‘subparagraph (C)’’.
Subsec. (h). Pub. L. 104–193, § 702(d), struck out subsec.
(h) which read as follows: ‘‘In carrying out this chapter
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.), a State educational agency may use resources
provided through the nutrition education and training
program authorized under section 19 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1788) for training aimed at
improving the quality and acceptance of school meals.’’
1994—Subsec. (a)(1). Pub. L. 103–448, §§ 105(a), 106(a),
designated existing provisions as subpar. (A) and cl. (i)
of subpar. (A) and added cl. (ii) of subpar. (A) and sub-
par. (B).
Subsec. (a)(2). Pub. L. 103–448, § 107, amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘Lunches served by schools participating in the school
lunch program under this chapter shall offer students
fluid whole milk and fluid unflavored lowfat milk.’’
Subsec. (b)(2)(C)(iii) to (v). Pub. L. 103–448, § 108, added
cls. (iii) to (v) and struck out former cl. (iii), which
read as follows: ‘‘School food service authorities shall
only use information obtained under clause (ii) for the
purpose of determining eligibility for participation in
programs under this chapter and the Child Nutrition
Act of 1966.’’
Subsec. (b)(6)(A). Pub. L. 103–448, § 109(a)(1), struck
out ‘‘a member of’’ after ‘‘if the child is’’ in introduc-
tory provisions, inserted ‘‘a member of’’ after ‘‘(i)’’ and
‘‘(ii)’’, and added cl. (iii).
Subsec. (b)(6)(B). Pub. L. 103–448, § 109(a)(2), inserted
‘‘, or of enrollment or participation in a Head Start
program on the basis described in subparagraph
(A)(iii),’’ after ‘‘aid to families with dependent chil-
dren’’.
Subsecs. (f) to (h). Pub. L. 103–448, §§ 106(b), (c), 110,
added subsecs. (f) to (h).
1989—Subsec. (a). Pub. L. 101–147, § 101(a), amended
subsec. (a), as amended identically by Pub. L. 99–500
and 99–591, § 322, and Pub. L. 99–661, § 4202, to read as if
only the amendment by Pub. L. 99–661 was enacted, re-
sulting in no change in text, see 1986 Amendment note
below.
Subsec. (a)(1). Pub. L. 101–147, § 312(1), substituted
‘‘school lunch’’ for ‘‘school-lunch’’.
Subsec. (a)(2). Pub. L. 101–147, § 101(b), amended par.
(2) generally. Prior to amendment, par. (2) read as fol-
lows: ‘‘In addition to such other forms of milk as the
Secretary may determine, the lunches shall offer whole
milk as a beverage.’’
Subsec. (b). Pub. L. 101–147, §§ 305(b)(1), 312(2), sub-
stituted ‘‘reduced price’’ for ‘‘reduced-price’’ and ‘‘fam-
ily size’’ for ‘‘family-size’’ wherever appearing.
Pub. L. 101–147, § 202(a)(1), (2)(A), amended subsec. (b),
as amended identically by Pub. L. 99–500 and Pub. L.
99–591, § 323, and Pub. L. 99–661, § 4203, and as amended
by Pub. L. 100–356, § 1, to read as if only the amendment
by Pub. L. 99–661 was enacted, and further amended
subsec. (b) identically to the amendments that were
made by Pub. L. 100–356, § 1, resulting in no change in
text, see 1986 and 1988 Amendment notes below.
Subsec. (b)(2)(C). Pub. L. 101–147, § 202(b)(1), amended
subpar. (C) generally. Prior to amendment, subpar. (C)
read as follows: ‘‘Eligibility determinations shall be
made on the basis of a complete application executed
by an adult member of the household. The Secretary,
States, and local school food authorities may seek
verification of the data contained in the application.
Local school food authorities shall undertake such
verification of the information contained in these ap-
plications as the Secretary may by regulation prescribe
and, in accordance with such regulations, make appro-
priate changes in the eligibility determinations on the
basis of such verification.’’
Subsec. (c). Pub. L. 101–147, §§ 305(b)(2), 312(1), sub-
stituted ‘‘School lunch’’ for ‘‘School-lunch’’, sub-
stituted ‘‘school lunch’’ for ‘‘school-lunch’’ wherever
appearing, and made technical amendments to the ref-
erences to sections 612c, 1431, and 1446a–1 of title 7 in-
volving underlying provisions of original act and re-
quiring no change in text.
Subsec. (d)(1). Pub. L. 101–147, §§ 202(b)(2)(A), 312(2),
substituted ‘‘reduced price’’ for ‘‘reduced-price’’ and
‘‘number of the parent or guardian who is the primary
wage earner responsible for the care of the child for
whom the application is made, or that of another ap-
propriate adult member of the child’s household, as de-
termined by the Secretary. The Secretary shall require
that social security account numbers of all adult mem-
bers of the household be provided if verification of the
data contained in the application is sought under sub-
section (b)(2)(C) of this section.’’ for ‘‘numbers of all
adult members of the household of which such person is
a member.’’
Subsec. (d)(2). Pub. L. 101–147, § 312(2), substituted ‘‘re-
duced price’’ for ‘‘reduced-price’’.
Subsec. (d)(2)(A). Pub. L. 101–147, § 202(b)(2)(B)(i),
amended subpar. (A) generally. Prior to amendment,
subpar. (A) read as follows: ‘‘appropriate documenta-
tion, as prescribed by the Secretary, of the income of
such household has been provided to the appropriate
local school food authority; or’’.
Page 4912
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
Subsec. (d)(2)(C). Pub. L. 101–147, § 202(b)(2)(B)(ii), (iii),
added subpar. (C).
Subsec. (e). Pub. L. 101–147, § 312(2), substituted ‘‘re-
duced price’’ for ‘‘reduced-price’’.
Pub. L. 101–147, § 305(a), amended subsec. (e), as
amended identically by Pub. L. 99–500 and Pub. L.
99–591, § 324, and Pub. L. 99–661, § 4204, to read as if only
the amendment by Pub. L. 99–661 was enacted, resulting
in no change in text, see 1986 Amendment note below.
1988—Subsec. (b)(1)(A). Pub. L. 100–356 substituted
‘‘The’’ for ‘‘For the school years ending June 30, 1982,
and June 30, 1983, the’’ in second sentence and struck
out provisions which equated income guidelines for de-
termining eligibility for free lunches with gross income
eligibility standards for participation in food stamp
program.
1986—Subsec. (a). Pub. L. 99–500 and Pub. L. 99–591,
§ 322, and Pub. L. 99–661, § 4202, amended subsec. (a) iden-
tically, designating existing provisions as pars. (1), (3),
and (4) and adding par. (2).
Subsec. (b)(6). Pub. L. 99–500 and Pub. L. 99–591, § 323,
and Pub. L. 99–661, § 4203, amended subsec. (b) identi-
cally, adding par. (6).
Subsec. (e). Pub. L. 99–500 and Pub. L. 99–591, § 324, and
Pub. L. 99–661, § 4204, amended section identically, add-
ing subsec. (e).
1981—Subsec. (a). Pub. L. 97–35, § 811, struck out ‘‘in
any junior high school or middle school’’ after ‘‘grade
level’’.
Subsec. (b). Pub. L. 97–35, § 803(a), in par. (1) sub-
stituted provisions relating to income eligibility guide-
lines, for provisions relating to income poverty guide-
lines, redesignated former par. (2) as (5) and, as so re-
designated, struck out ‘‘solely’’ after ‘‘sentence’’, and
added pars. (2) to (4).
Subsec. (d). Pub. L. 97–35, § 803(b), added subsec. (d).
1978—Subsec. (b)(1). Pub. L. 95–627 substituted guide-
lines prescribed by the Office of Management and Budg-
et for the Consumer Price Index for purposes of deter-
mining the income poverty guidelines.
1977—Subsec. (a). Pub. L. 95–166 inserted parenthet-
ical text authorizing students in any grade level in any
junior high school or middle school, when approved by
local school district or nonprofit private school, to
refuse to accept offered foods they do not intend to con-
sume.
1975—Subsec. (a). Pub. L. 94–105, § 6(a), directed Sec-
retary to establish administrative procedures designed
to diminish food waste in school lunch programs and
made provision for senior high school students to
refuse food which they do not intend to consume with-
out affecting lunch charges or payments to schools for
lunches served.
Subsec. (b)(1). Pub. L. 94–105, § 6(b), designated exist-
ing provisions as subsec. (b)(1), struck out ‘‘if a school
elects to serve reduced-price lunches’’ after ‘‘reduced
price not to exceed 20 cents’’, inserted provision for a
reduced price lunch for any child eligible under reduced
price lunch income guidelines, established income
guidelines for reduced price lunches, beginning with fis-
cal year ending June 30, 1976, at 95 per centum above
applicable family size income levels in income poverty
guidelines, and provided for a reduced price lunch not
to exceed 20 cents to any child belonging to a household
whose income falls between guidelines for a free lunch
and 95 per centum above income levels in the income
poverty guidelines.
Pub. L. 94–105, § 6(c), substituted provision adjusting
income poverty guidelines that take effect July 1 of
each year according to percentage change in Consumer
Price Index for 12-month period ending in April of that
year, except that the first adjustment, effective July 1,
1976, shall be made according to percentage change be-
tween average Consumer Price Index for 1974, on which
the 1975–1976 guidelines are based, and Consumer Price
Index for April 1976 for provision basing the guidelines
on average Consumer Price Index for previous calendar
year.
Subsec. (b)(2). Pub. L. 94–105, § 6(d), added par. (2).
Subsec. (c). Pub. L. 94–105, § 6(e), substituted ‘‘schools
(as defined in section 1760(d)(6) of this title which are
private and nonprofit as defined in the last sentence of
section 1760(d)(6) of this title)’’ for ‘‘nonprofit private
schools’’.
1974—Subsec. (b). Pub. L. 93–326 substituted ‘‘begin-
ning with the fiscal year ending June 30, 1974’’ for ‘‘for
the fiscal year ending June 30, 1974’’ in provision au-
thorizing State educational agencies to establish in-
come guidelines for reduced price lunches at not more
than 75 per centum above applicable family size income
levels in income poverty guidelines as prescribed by
Secretary.
1973—Subsec. (b). Pub. L. 93–150 inserted proviso re-
lating to income guidelines for reduced price lunches.
1972—Subsec. (a). Pub. L. 92–433, § 5(a), designated
first sentence as subsec. (a).
Subsec. (b). Pub. L. 92–433, § 5(b), designated second
through seventh sentences of existing provisions as
subsec. (b), separated provisions relating to free and re-
duced price lunches, substituted May 15 of each year for
July 1 of each year as the date by which the Secretary
is required to prescribe an income poverty guideline,
prescribed free lunch for children of households below
the guideline instead of prior provision requiring free
lunch or lunch at reduced price, authorized State edu-
cational agencies to set up family-size income levels
for free and reduced price lunches to be within certain
percentage limitations of the guideline prescribed by
the Secretary, and provided for continuation until July
1, 1973 of higher guidelines established prior to July 1,
1972.
Subsec. (c). Pub. L. 92–433, § 5(c), designated eighth
through thirteenth sentences as subsec. (c) and in last
sentence inserted provision that requirements of this
section are not applicable to nonprofit private schools
which participate in the school lunch program under
this chapter until the State educational agency cer-
tifies about the funds.
1971—Pub. L. 92–153 inserted provisions for consider-
ation of income poverty guidelines during fiscal year
1972 as a national minimum standard of eligibility and
for reimbursement of State agencies during such fiscal
year pursuant to eligibility standards established by
State agencies prior to Oct. 1, 1971.
1970—Pub. L. 91–248 placed a ceiling of 20 cents on any
reduced price meal offered under the school lunch pro-
gram, provided for determination of ability to pay the
full cost of lunch based on a publicly announced policy
the minimum criteria of which includes family income
and the number of school children in the family unit as
well as the size of the family unit in general, but, under
which, by Jan. 1, 1971, such determination shall be
based on the income poverty guidelines with first pri-
ority given to providing free meals to the neediest chil-
dren, provided that there be no overt identification of
those children who receive free and reduced price
meals, authorized the Secretary to prescribe such
terms and conditions for food service in the non-na-
tional School Lunch Act schools as well as schools
under this Act which are receiving Federal assistance
in the form of commodities, and excepted from require-
ments of this section with respect to amount for re-
duced cost meals and eligibility for meals without cost
nonprofit private schools which participate in the
school lunch program under the provisions of section
1759 of this title until the Secretary certifies that suffi-
cient funds are available to enable such schools to meet
the requirements of this section.
1968—Pub. L. 90–302 provided that minimum nutri-
tional requirements prescribed by the Secretary on
basis of tested nutritional research which lunches
served by participating schools must meet could not be
construed to prohibit substitution of foods to accom-
modate medical or other special dietary needs of indi-
vidual students.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and Labor of House of Rep-
resentatives changed to Committee on Education and
Page 4913
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758
the Workforce of House of Representatives by House
Resolution No. 5, One Hundred Eighteenth Congress,
Jan. 9, 2023.
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 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as other-
wise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of Title 7,
Agriculture.
Amendment by sections 4002(b)(1)(A), (B), (E), (2)(Z),
and 4302 of Pub. L. 110–246 effective Oct. 1, 2008, see sec-
tion 4407 of Pub. L. 110–246, set out as a note under sec-
tion 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by sections 102, 104(a)(2), (b)(1), (d)(1), (2),
105(a), and 111 of Pub. L. 108–265 effective July 1, 2005,
see section 502(b)(4) of Pub. L. 108–265, as amended, set
out as an Effective Date note under section 1754 of this
title.
Amendment by sections 103, 104(a)(1), 108(a), 109, 110,
and 112 of Pub. L. 108–265 effective June 30, 2004, except
as otherwise provided, see section 502(a) of Pub. L.
108–265, as amended, set out as an Effective Date note
under section 1754 of this title.
Pub. L. 108–265, title I, § 104(d)(1), June 30, 2004, 118
Stat. 737, provided that the amendment made by sec-
tion 104(d)(1) is effective July 1, 2008.
Amendment by sections 106 and 107 of Pub. L. 108–265
effective July 1, 2004, see section 502(b)(1) of Pub. L.
108–265, as amended, set out as an Effective Date note
under section 1754 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4302(b), May 13, 2002, 116
Stat. 331, provided that: ‘‘The amendment made by this
section [amending this section] takes effect on the date
of enactment of this Act [May 13, 2002].’’
Amendment by section 4303 of Pub. L. 107–171 effec-
tive Oct. 1, 2002, except as otherwise provided, see sec-
tion 4405 of Pub. L. 107–171, set out as an Effective Date
note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–224, title II, § 242(c), June 20, 2000, 114 Stat.
413, provided that: ‘‘The amendments made by this sec-
tion [amending this section and sections 1760 and 1786
of this title] take effect on October 1, 2000.’’
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–336 effective Oct. 1, 1998,
see section 401 of Pub. L. 105–336, set out as a note
under section 1755 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 109(g) of Pub. L. 104–193 effec-
tive July 1, 1997, with transition rules relating to State
options to accelerate such date, rules relating to
claims, actions, and proceedings commenced before
such date, rules relating to closing out of accounts for
terminated or substantially modified programs and
continuance in office of Assistant Secretary for Family
Support, and provisions relating to termination of enti-
tlement under AFDC program, see section 116 of Pub.
L. 104–193, as amended, set out as an Effective Date
note under section 601 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by sections 105(a) and 106 to 108 of Pub.
L. 103–448 effective Oct. 1, 1994, see section 401 of Pub.
L. 103–448, set out as a note under section 1755 of this
title.
Pub. L. 103–448, title I, § 109(c), Nov. 2, 1994, 108 Stat.
4705, provided that: ‘‘The amendments made by this
section [amending this section and section 1766 of this
title] shall become effective on September 25, 1995.’’
EFFECTIVE DATE OF 1989 AMENDMENT
Pub. L. 101–147, title II, § 202(a)(2)(B), Nov. 10, 1989, 103
Stat. 908, provided that: ‘‘The amendments made by
subparagraph (A) [amending this section] shall take ef-
fect as if such amendments had been effective on June
28, 1988.’’
EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99–500, title III, §§ 322–324, Oct. 18, 1986, 100
Stat. 1783–361, Pub. L. 99–591, title III, §§ 322–324, Oct. 30,
1986, 100 Stat. 3341–364, and Pub. L. 99–661, div. D, title
II, §§ 4202–4204, Nov. 14, 1986, 100 Stat. 4072, provided that
the amendments made by those sections are effective
July 1, 1986.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by sections 803(a), (b) and 811 of Pub. L.
97–35 effective Aug. 13, 1981, and Sept. 1, 1981, respec-
tively, see section 820(a)(1)(E), (7)(A) of Pub. L. 97–35,
set out as a note under section 1753 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–627 effective July 1, 1979,
except as specifically provided, see section 14 of Pub. L.
95–627, set out as a note under section 1755 of this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Pub. L. 94–105, § 6(c), Oct. 7, 1975, 89 Stat. 512, provided
that the amendment made by that section is effective
Jan. 1, 1976.
REGULATIONS
Pub. L. 108–265, title V, § 501, June 30, 2004, 118 Stat.
789, provided that:
‘‘(a) GUIDANCE.—As soon as practicable after the date
of enactment of this Act [June 30, 2004], the Secretary
of Agriculture shall issue guidance to implement the
amendments made by sections 102, 103, 104, 105, 106, 107,
111, 116, 119(c), 119(g), 120, 126(b), 126(c), 201, 203(a)(3),
203(b), 203(c)(5), 203(e)(3), 203(e)(4), 203(e)(5), 203(e)(6),
203(e)(7), 203(e)(10), and 203(h)(1) [amending this section,
sections 1396a, 1759a, 1761, 1766, 1769, 1769c, 1773, 1776,
and 1786 of this title, and section 2020 of Title 7, Agri-
culture].
‘‘(b) INTERIM
FINAL
REGULATIONS.—The Secretary
may promulgate interim final regulations to imple-
ment the amendments described in subsection (a).
‘‘(c) REGULATIONS.—Not later than 2 years after the
date of enactment of this Act [June 30, 2004], the Sec-
retary shall promulgate final regulations to implement
the amendments described in subsection (a).’’
Pub. L. 101–147, title II, § 202(c), Nov. 10, 1989, 103 Stat.
909, provided that: ‘‘Not later than July 1, 1990, the Sec-
retary of Agriculture shall issue final regulations to
implement the amendments made by subsection (b)
[amending this section].’’
MEAL REIMBURSEMENT FOR LOW-FAT AND FAT-FREE
MILK IN FOOD PROGRAMS
Pub. L. 118–42, div. B, title VII, § 769, Mar. 9, 2024, 138
Stat. 116, provided that: ‘‘Any rule-making, notice or
guidance of or regarding USDA Proposed Rule (Child
Nutrition Programs: Revisions to Meal Patterns Con-
sistent With the 2020 Dietary Guidelines for Americans;
RIN 0584–AE88) shall allow and provide meal reimburse-
ment for (or ‘low fat or fat free’) flavored milk in Na-
tional School Lunch Program and School Breakfast
Program for grades Kindergarten through 12th grade
and in Child and Adult Care Food Program for partici-
pants 6 years of age and older, and for any other pro-
Page 4914
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1758a
gram complying with the meal pattern requirements
covered in such final rule.’’
SODIUM
LIMITS
TO
REMAIN
IN
EFFECT
THROUGH
SCHOOL
YEAR
2026–2027; LIMITS
NOT
TO
BE
MORE
RESTRICTIVE IN RULEMAKING THAN TARGET 2 SODIUM
LEVELS
Pub. L. 118–42, div. B, title VII, § 770, Mar. 9, 2024, 138
Stat. 116, provided that: ‘‘Sodium limits in effect for
School Year 2023–2024 in child nutrition meal patterns
shall remain effective through School Year 2026–2027,
after which sodium limits that may be included in any
rulemaking, notice or guidance of or regarding USDA
Proposed Rule (Child Nutrition Programs: Revisions to
Meal Patterns Consistent With the 2020 Dietary Guide-
lines for Americans; RIN 0584–AE88), shall not be more
restrictive than the Target 2 sodium levels published in
the final rule entitled ‘Nutrition Standards in the Na-
tional School Lunch and School Breakfast Programs’
published by the Department of Agriculture in the Fed-
eral Register on January 26, 2012 (77 Fed. Reg 4087).’’
REVIEW OF LOCAL POLICIES ON MEAL CHARGES AND
PROVISION OF ALTERNATE MEALS
Pub. L. 111–296, title I, § 143, Dec. 13, 2010, 124 Stat.
3213, provided that:
‘‘(a) IN GENERAL.—
‘‘(1) REVIEW.—The Secretary [of Agriculture], in
conjunction with States and participating local edu-
cational agencies, shall examine the current policies
and practices of States and local educational agen-
cies regarding extending credit to children to pay the
cost to the children of reimbursable school lunches
and breakfasts.
‘‘(2) SCOPE.—The examination under paragraph (1)
shall include the policies and practices in effect as of
the date of enactment of this Act [Dec. 13, 2010] relat-
ing to providing to children who are without funds a
meal other than the reimbursable meals.
‘‘(3) FEASIBILITY.—In carrying out the examination
under paragraph (1), the Secretary shall—
‘‘(A) prepare a report on the feasibility of estab-
lishing national standards for meal charges and the
provision of alternate meals; and
‘‘(B) provide recommendations for implementing
those standards.
‘‘(b) FOLLOWUP ACTIONS.—
‘‘(1) IN GENERAL.—Based on the findings and rec-
ommendations under subsection (a), the Secretary
may—
‘‘(A) implement standards described in paragraph
(3) of that subsection through regulation;
‘‘(B) test recommendations through demonstra-
tion projects; or
‘‘(C) study further the feasibility of recommenda-
tions.
‘‘(2) FACTORS FOR CONSIDERATION.—In determining
how best to implement recommendations described in
subsection (a)(3), the Secretary shall consider such
factors as—
‘‘(A) the impact of overt identification on chil-
dren;
‘‘(B) the manner in which the affected households
will be provided with assistance in establishing eli-
gibility for free or reduced price school meals; and
‘‘(C) the potential financial impact on local edu-
cational agencies.’’
INCOME ELIGIBILITY GUIDELINES
Pub. L. 96–499, title II, § 203(a)–(c), Dec. 5, 1980, 94 Stat.
2600, as amended by Pub. L. 97–35, title VIII, § 820(b)(3),
Aug. 13, 1981, 95 Stat. 535, provided that:
‘‘(a), (b) [Repealed].
‘‘(c) For the school year ending June 30, 1981, the Sec-
retary may prescribe procedures for implementing the
revisions in the income poverty guidelines for free and
reduced price lunches contained in this section that
may allow school food authorities to (1) use applica-
tions distributed at the beginning of the school year
when making eligibility determinations based on the
revised income poverty guidelines or (2) distribute new
applications containing the revised income poverty
guidelines and make eligibility determinations using
the new applications.’’
VERIFICATION
OF ELIGIBILITY DATA SUBMITTED
ON
A
SAMPLE
OF APPLICATIONS
FOR FREE
AND REDUCED-
PRICE MEALS
Pub. L. 97–35, title VIII, § 803(c), Aug. 13, 1981, 95 Stat.
525, provided that: ‘‘Notwithstanding any other provi-
sion of law, the Secretary of Agriculture shall conduct
a pilot study to verify the data submitted on a sample
of applications for free and reduced-price meals. In con-
ducting the pilot study, the Secretary may require
households included in the study to furnish social secu-
rity numbers of all household members and such other
information as the Secretary may require, including,
but not limited to, pay stubs, documentation of the
current status of household members who are recipi-
ents of public assistance, unemployment insurance doc-
uments, and written statements from employers, as a
condition for receipt of free or reduced-price meals.’’
PROCEDURES
FOR
IMPLEMENTING
NEW
INCOME
ELIGI-
BILITY
GUIDELINES
FOR
FREE
AND
REDUCED-PRICE
LUNCHES
Pub. L. 97–35, title VIII, § 803(d), Aug. 13, 1981, 95 Stat.
526, provided that for school year ending June 30, 1982,
Secretary could prescribe procedures for implementing
the revisions made by section 803 of Pub. L. 97–35,
amending this section, to the income eligibility guide-
lines for free and reduced-price lunches under this sec-
tion, and that such procedures could allow school food
authorities to use applications distributed at beginning
of school year when making eligibility determinations
or to distribute new applications.
LOWERING MINIMUM STANDARD OF ELIGIBILITY AND RE-
DUCTION
IN
NUMBER
OF
CHILDREN
SERVED, FISCAL
YEAR 1972
Pub. L. 92–153, § 6, Nov. 5, 1971, 85 Stat. 420, provided
that: ‘‘The Secretary shall not lower minimum stand-
ards of eligibility for free and reduced price meals nor
require a reduction in the number of children served in
any school district during a fiscal year to be effective
for that fiscal year. This section shall apply to fiscal
year 1972.’’
§ 1758a. State performance on enrolling children
receiving program benefits for free school
meals
(a) In general
Not later than December 31, 2008 and June 30
of each year thereafter, the Secretary shall sub-
mit to the Committees on Agriculture and Edu-
cation and Labor of the House of Representa-
tives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report that
assesses the effectiveness of each State in en-
rolling school-aged children in households re-
ceiving program benefits under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (re-
ferred to in this section as ‘‘program benefits’’)
for free school meals using direct certification.
(b) Specific measures
The assessment of the Secretary of the per-
formance of each State shall include—
(1) an estimate of the number of school-aged
children, by State, who were members of a
household receiving program benefits at any
time in July, August, or September of the
prior year;
(2) an estimate of the number of school-aged
children, by State, who were directly certified
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Nutritional requirements**
(1)
(A) Lunches served by schools participating in the school lunch program under this chapter shall meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research, except that the minimum nutritional requirements—
(i) shall not be construed to prohibit the substitution of foods to accommodate the medical or other special dietary needs of individual students; and
(ii) shall, at a minimum, be based on the weekly average of the nutrient content of school lunches.
(B) The Secretary shall provide technical assistance and training, including technical assistance and training in the preparation of lower-fat versions of foods commonly used in the school lunch program under this chapter, to schools participating in the school lunch program to assist the schools in complying with the nutritional requirements prescribed by the Secretary pursuant to subparagraph (A) and in providing appropriate meals to children with medically certified special dietary needs. The Secretary shall provide additional technical assistance to schools that are having difficulty maintaining compliance with the requirements.
(2) **Fluid milk.—**
(A) *In general.—* — Lunches served by schools participating in the school lunch program under this chapter—
(i) shall offer students a variety of fluid milk;
(ii) may offer students options which may include flavored and unflavored organic or nonorganic whole, reduced-fat, low-fat, and fat-free fluid milk and lactose-free fluid milk, and nondairy beverages that are nutritionally equivalent to fluid milk and meet the nutritional standards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortifi
In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation’s children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1771. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1771. Congressional declaration of purpose
In recognition of the demonstrated relation-
ship between food and good nutrition and the ca-
pacity of children to develop and learn, based on
the years of cumulative successful experience
under the national school lunch program with
its significant contributions in the field of ap-
plied nutrition research, it is hereby declared to
be the policy of Congress that these efforts shall
be extended, expanded, and strengthened under
the authority of the Secretary of Agriculture as
a measure to safeguard the health and well-
being of the Nation’s children, and to encourage
the domestic consumption of agricultural and
other foods, by assisting States, through grants-
in-aid and other means, to meet more effectively
the nutritional needs of our children.
(Pub. L. 89–642, § 2, Oct. 11, 1966, 80 Stat. 885.)
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2022 AMENDMENT
Pub. L. 117–129, § 1, May 21, 2022, 136 Stat. 1225, pro-
vided that: ‘‘This Act [amending section 1786 of this
title] may be cited as the ‘Access to Baby Formula Act
of 2022’.’’
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–247, § 1, June 20, 2008, 122 Stat. 2314, pro-
vided that: ‘‘This Act [enacting section 1792 of this title
and provisions set out as notes under section 1792 of
this title] may be cited as the ‘Federal Food Donation
Act of 2008’.’’
SHORT TITLE OF 1992 AMENDMENTS
Pub. L. 102–512, § 1, Oct. 24, 1992, 106 Stat. 3363, pro-
vided that: ‘‘This Act [amending sections 1769, 1776, and
1786 of this title and enacting provisions set out as
notes under this section and sections 1769 and 1786 of
this title] may be cited as the ‘Children’s Nutrition As-
sistance Act of 1992’.’’
Pub. L. 102–512, title I, § 101, Oct. 24, 1992, 106 Stat.
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1771. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional findings and declaration of purpose** Congress finds that substantial numbers of pregnant, postpartum, and breastfeeding women, infants, and young children from families with inadequate income are at special risk with respect to their physical and mental health by reason of inadequate nutrition or health care, or both. It is, therefore, the purpose of the program authorized by this section to provide, up to the authorization levels set forth in subsection (g) of this section, supplemental foods and nutrition education, including breastfeeding promotion and support, through any eligible local agency that applies for participation in the program. The program shall serve as an adjunct to good health care, during critical times of growth and development, to prevent the occurrence of health problems, including drug abuse, and improve the health status of these persons.
**(b) Definitions** As used in this section—
(1) “Breastfeeding women” means women up to one year postpartum who are breastfeeding their infants.
(2) “Children” means persons who have had their first birthday but have not yet attained their fifth birthday.
(3) “Competent professional authority” means physicians, nutritionists, registered nurses, dietitians, or State or local medically trained health officials, or persons designated by physicians or State or local medically trained health officials, in accordance with standards prescribed by the Secretary, as being competent professionally to evaluate nutritional risk.
(4) “Costs of nutrition services and administration” or “nutrition services and administration” means costs that shall include, but not be limited to, costs for certification of eligibility of persons for participation in the program (including centrifuges, measuring boar
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1786. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1786. Special supplemental nutrition program
for women, infants, and children
(a) Congressional findings and declaration of
purpose
Congress finds that substantial numbers of
pregnant,
postpartum,
and
breastfeeding
women, infants, and young children from fami-
lies with inadequate income are at special risk
with respect to their physical and mental health
by reason of inadequate nutrition or health
care, or both. It is, therefore, the purpose of the
program authorized by this section to provide,
up to the authorization levels set forth in sub-
section (g) of this section, supplemental foods
and nutrition education, including breastfeeding
promotion and support, through any eligible
local agency that applies for participation in the
program. The program shall serve as an adjunct
to good health care, during critical times of
growth and development, to prevent the occur-
rence of health problems, including drug abuse,
and improve the health status of these persons.
(b) Definitions
As used in this section—
(1) ‘‘Breastfeeding women’’ means women up
to one year postpartum who are breastfeeding
their infants.
(2) ‘‘Children’’ means persons who have had
their first birthday but have not yet attained
their fifth birthday.
(3)
‘‘Competent
professional
authority’’
means physicians, nutritionists, registered
nurses, dietitians, or State or local medically
trained health officials, or persons designated
by physicians or State or local medically
trained health officials, in accordance with
standards prescribed by the Secretary, as
being competent professionally to evaluate
nutritional risk.
(4) ‘‘Costs of nutrition services and adminis-
tration’’ or ‘‘nutrition services and adminis-
tration’’ means costs that shall include, but
not be lim
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1786. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The purpose of this part is to increase the flexibility of States in operating a program designed to—
(1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;
(2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;
(3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and
(4) encourage the formation and maintenance of two-parent families.
**(b) No individual entitlement** This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 601. Purpose
(a) In general
The purpose of this part is to increase the
flexibility of States in operating a program de-
signed to—
(1) provide assistance to needy families so
that children may be cared for in their own
homes or in the homes of relatives;
(2) end the dependence of needy parents on
government benefits by promoting job prepa-
ration, work, and marriage;
(3) prevent and reduce the incidence of out-
of-wedlock pregnancies and establish annual
numerical goals for preventing and reducing
the incidence of these pregnancies; and
(4) encourage the formation and mainte-
nance of two-parent families.
(b) No individual entitlement
This part shall not be interpreted to entitle
any individual or family to assistance under any
State program funded under this part.
(Aug. 14, 1935, ch. 531, title IV, § 401, as added
Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996,
110 Stat. 2112; amended Pub. L. 105–33, title V,
§ 5514(c), Aug. 5, 1997, 111 Stat. 620.)
Editorial Notes
PRIOR PROVISIONS
A prior section 601, acts Aug. 14, 1935, ch. 531, title IV,
§ 401, 49 Stat. 627; 1946 Reorg. Plan No. 2, § 4, eff. July 16,
1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1,
§§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug.
1, 1956, ch. 836, title III, § 312(a), 70 Stat. 848; July 25,
1962, Pub. L. 87–543, title I, § 104(a)(4), (c)(2), 76 Stat. 185,
186; Jan. 2, 1968, Pub. L. 90–248, title II, § 241(b)(1), 81
Stat. 916, related to authorization of appropriations for
Aid to Families With Dependent Children program
prior to repeal by Pub. L. 104–193, § 103(a)(1), as amended
by Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat.
620.
AMENDMENTS
1997—Pub. L. 105–33 made technical amendment to di-
rectory language of Pub. L.
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
It is declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households. Congress finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation’s agricultural abundance and will strengthen the Nation’s agricultural economy, as well as result in more orderly marketing and distribution of foods. To alleviate such hunger and malnutrition, a supplemental nutrition assistance program is herein authorized which will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation.
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 2011. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2011. Congressional declaration of policy
It is declared to be the policy of Congress, in
order to promote the general welfare, to safe-
guard the health and well-being of the Nation’s
population by raising levels of nutrition among
low-income households. Congress finds that the
limited food purchasing power of low-income
households contributes to hunger and malnutri-
tion among members of such households. Con-
gress further finds that increased utilization of
food in establishing and maintaining adequate
national levels of nutrition will promote the dis-
tribution in a beneficial manner of the Nation’s
agricultural abundance and will strengthen the
Nation’s agricultural economy, as well as result
in more orderly marketing and distribution of
foods. To alleviate such hunger and malnutri-
tion, a supplemental nutrition assistance pro-
gram is herein authorized which will permit
low-income households to obtain a more nutri-
tious diet through normal channels of trade by
increasing food purchasing power for all eligible
households who apply for participation.
That program includes as a purpose to assist
low-income adults in obtaining employment and
increasing their earnings. Such employment and
earnings, along with program benefits, will per-
mit low-income households to obtain a more nu-
tritious diet through normal channels of trade
by increasing food purchasing power for all eli-
gible households who apply for participation.
(Pub. L. 88–525, § 2, Aug. 31, 1964, 78 Stat. 703;
Pub. L. 91–671, § 1, Jan. 11, 1971, 84 Stat. 2048;
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91
Stat. 958; Pub. L. 110–234, title IV, § 4001(b), May
22, 2008, 122 Stat. 1092; Pub. L. 110–246, § 4(a), title
IV, § 4001(b), June 18, 2008, 122 Stat. 1664, 1853;
Pu
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 2011. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Program**
(1) **Establishment** — Subject to the availability of funds appropriated under [section 2027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2027&num=0&edition=prelim), the Secretary is authorized to formulate and administer a supplemental nutrition assistance program under which, at the request of the State agency, eligible households within the State shall be provided an opportunity to obtain a more nutritious diet through the issuance to them of an allotment, except that a State may not participate in the supplemental nutrition assistance program if the Secretary determines that State or local sales taxes are collected within that State on purchases of food made with benefits issued under this chapter. The benefits so received by such households shall be used only to purchase food from retail food stores which have been approved for participation in the supplemental nutrition assistance program. Benefits issued and used as provided in this chapter shall be redeemable at face value by the Secretary through the facilities of the Treasury of the United States.
(2) **State quality control incentive**
(A) *Definition of payment error rate* — In this paragraph, the term “payment error rate” has the meaning given the term in [section 2025(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c/2&num=0&edition=prelim).
(B) *State cost share*
(i) *In general* — Subject to clause (iii), beginning in fiscal year 2028, if the payment error rate of a State as determined under clause (ii) is—
(I) less than 6 percent, the Federal share of the cost of the allotment described in paragraph (1) for that State in a fiscal year shall be 100 percent, and the State
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 2013. This identifies an authority to review, not proof of applicability.