42 U.S.C. § 1751 — Congressional declaration of policy

Page 4878 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1751 Sec. 1755b. Pulse crop products. 1756. Payments to States. 1757. State disbursement to schools. 1758. Program requirements. 1758a. State performance on enrolling children re- ceiving program benefits for free school meals. 1758b. Local school wellness policy. 1759. Direct disbursement to schools by Secretary. 1759a. Special assistance funds. 1760. Miscellaneous provisions. 1761. Summer food service program for children. 1762. Summer electronic benefits transfer for chil- dren program. 1762a. Commodity distribution program. 1763, 1764. Repealed. 1765. Election to receive cash payments. 1766. Child and adult care food program. 1766a. Meal supplements for children in afterschool care. 1766b to 1768. Repealed. 1769. Pilot projects. 1769a. Fresh fruit and vegetable program. 1769b. Department of Defense overseas dependents’ schools. 1769b–1. Training, technical assistance, and food serv- ice management institute. 1769c. Compliance and accountability. 1769d. Childhood hunger research. 1769e. State childhood hunger challenge grants. 1769f. Duties of Secretary relating to nonprocure- ment debarment. 1769g. Information clearinghouse. 1769h. Repealed. 1769i. Program evaluation. 1769j. Ensuring safety of school meals. § 1751. Congressional declaration of policy It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in- aid and other means, in providing an adequate supply of foods and other facilities for the estab- lishment, maintenance, operation, and expan- sion of nonprofit school lunch programs. (June 4, 1946, ch. 281, § 2, 60 Stat. 230; Pub. L. 101–147, title III, § 312(1), Nov. 10, 1989, 103 Stat. 916.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–147 substituted ‘‘school lunch’’ for ‘‘school-lunch’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–296, title IV, § 445, Dec. 13, 2010, 124 Stat. 3266, provided that: ‘‘Except as otherwise specifically provided in this Act [see Short Title of 2010 Amend- ment note below] or any of the amendments made by this Act, this Act and the amendments made by this Act take effect on October 1, 2010.’’ EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–147, § 2, Nov. 10, 1989, 103 Stat. 878, pro- vided that: ‘‘Except as otherwise provided in this Act, the amendments made by this Act [see Short Title of 1989 Amendment note below] shall take effect on the date of the enactment of this Act [Nov. 10, 1989].’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–158, § 1, June 25, 2022, 136 Stat. 1309, pro- vided that: ‘‘This Act [amending section 2254c of Title 7, Agriculture, enacting provisions set out as notes under sections 1753, 1760, and 1766 of this title, and amending provisions set out as a note under section 1760 of this title] may be cited as the ‘Keep Kids Fed Act of 2022’.’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–127, div. B, title I, § 2101, Mar. 18, 2020, 134 Stat. 184, provided that: ‘‘This title [enacting provi- sions set out as a note under section 1760 of this title] may be cited as the ‘Maintaining Essential Access to Lunch for Students Act’ or the ‘MEALS Act’.’’ Pub. L. 116–127, div. B, title II, § 2201, Mar. 18, 2020, 134 Stat. 185, provided that: ‘‘This title [enacting provi- sions set out as notes under sections 1760 and 1786 of this title] may be cited as the ‘COVID–19 Child Nutri- tion Response Act’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–296, § 1(a), Dec. 13, 2010, 124 Stat. 3183, pro- vided that: ‘‘This Act [enacting sections 1758b, 1769d, 1769e, 1769j, and 1793 of this title and sections 2036a and 3179 of Title 7, Agriculture, amending sections 1396a, 1753, 1755, 1758, 1759a, 1760, 1761, 1762a, 1766, 1769, 1769b–1, 1769c, 1769g, 1769i, 1776, 1779, and 1786 of this title, sec- tions 2013 and 2020 of Title 7, and section 1232g of Title 20, Education, repealing section 1769h of this title, en- acting provisions set out as notes under this section and sections 1396a, 1758, and 1766 of this title and sec- tion 3179 of Title 7, and repealing provisions set out as a note under this section] may be cited as the ‘Healthy, Hunger-Free Kids Act of 2010’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–265, § 1(a), June 30, 2004, 118 Stat. 729, pro- vided that: ‘‘This Act [enacting sections 1754 and 1769i of this title, amending sections 1396a, 1758, 1759a, 1760, 1761, 1762a, 1766, 1769, 1769b–1, 1769c, 1769g, 1773, 1776, 1786, and 1788 of this title and section 2020 of Title 7, Agriculture, enacting provisions set out as notes under this section and sections 1754, 1758, 1766, 1769c, 1773, and 1786 of this title, and amending provisions set out as a note under section 612c of Title 7] may be cited as the ‘Child Nutrition and WIC Reauthorization Act of 2004’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–336, § 1(a), Oct. 31, 1998, 112 Stat. 3143, pro- vided that: ‘‘This Act [amending sections 1755, 1758, 1759a to 1761, 1762a, 1765 to 1766a, 1769, 1769b–1, 1769c, 1769f to 1769h, 1773, 1776, 1784, 1786, and 1788 of this title, repealing section 1766b of this title, enacting provisions set out as notes under sections 1755, 1761, and 1786 of this title, and amending provisions set out as notes under section 1769 of this title and section 612c of Title 7, Agriculture] may be cited as the ‘William F. Good- ling Child Nutrition Reauthorization Act of 1998’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–149, § 1, May 29, 1996, 110 Stat. 1379, pro- vided that: ‘‘This Act [amending section 1758 of this title] may be cited as the ‘Healthy Meals for Children Act’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–448, § 1(a), Nov. 2, 1994, 108 Stat. 4699, pro- vided that: ‘‘This Act [enacting sections 1766b and 1769f to 1769h of this title, amending sections 280c–6, 1396a, 1755, 1756, 1758, 1759a, 1760, 1761, 1762a, 1766, 1769, 1769a, 1769b–1, 1769c, 1773, 1776, 1779, 1786, and 1788 of this title, section 2018 of Title 7, Agriculture, section 1484a of Title 20, Education, and section 3803 of Title 31, Money and Finance, enacting provisions set out as notes under this section and sections 1755, 1758, 1760, 1761, 1762a, 1769f, and 1786 of this title, amending provisions set out as notes under section 1786 of this title and section 612c of Title 7, and repealing provisions set out as a note under section 1786 of this title] may be cited as the ‘Healthy Meals for Healthy Americans Act of 1994’.’’ Page 4879 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1751 SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–342, § 1, Aug. 14, 1992, 106 Stat. 911, pro- vided that: ‘‘This Act [enacting section 1790 of this title, amending sections 1766, 1769, and 1786 of this title, enacting provisions set out as a note under section 1769 of this title, and amending provisions set out as a note under section 612c of Title 7, Agriculture] may be cited as the ‘Child Nutrition Amendments of 1992’.’’ SHORT TITLE OF 1989 AMENDMENT Pub. L. 101–147, § 1(a), Nov. 10, 1989, 103 Stat. 877, pro- vided that: ‘‘This Act [enacting sections 1766a, 1769b–1, 1769c, 1769d, and 1769e of this title, amending this sec- tion and sections 1753, 1755–1758, 1759a, 1760, 1761, 1762a, 1765, 1766, 1769–1769b, 1772, 1773, 1776, 1779, 1783, 1784, 1786, and 1788 of this title, repealing sections 1762 and 1763 of this title, enacting provisions set out as notes under this section and sections 1755, 1758, 1761, 1762a, 1766, 1766a, 1769, 1769c, 1773, 1776, and 1786 of this title, and amending provisions set out as a note under section 1766 of this title] may be cited as the ‘Child Nutrition and WIC Reauthorization Act of 1989’.’’ SHORT TITLE OF 1986 AMENDMENTS Pub. L. 99–661, § 4001(a), Nov. 14, 1986, 100 Stat. 4070, provided that: ‘‘This division [div. D (§§ 4001–4503) of Pub. L. 99–661, amending sections 1752, 1755, 1758, 1760, 1761, 1762a, 1766, 1769 to 1769b, 1772, 1773, 1776, 1784, 1786, 1788, and 1789 of this title, repealing sections 1767, 1768, and 1769c of this title, and enacting provisions set out as notes under sections 1758, 1760, 1766, 1772, 1773, and 1786 of this title and section 1431e of Title 7, Agri- culture] may be cited as the ‘Child Nutrition Amend- ments of 1986’.’’ Pub. L. 99–500, title III, § 301(a), Oct. 18, 1986, 100 Stat. 1783–359, and Pub. L. 99–591, title III, § 301(a), Oct. 30, 1986, 100 Stat. 3341–362, provided that: ‘‘This title [amending sections 1752, 1755, 1758, 1760, 1761, 1762a, 1766, 1769 to 1769b, 1772, 1773, 1776, 1784, 1786, 1788, and 1789 of this title and section 1929a of Title 7, Agriculture, re- pealing sections 1767, 1768, and 1769c of this title, and enacting provisions set out as notes under sections 1758, 1760, 1766, 1772, 1773, and 1786 of this title and sec- tions 1431e and 1929a of Title 7] may be cited as the ‘School Lunch and Child Nutrition Amendments of 1986’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–627, § 1, Nov. 10, 1978, 92 Stat. 3603, provided: ‘‘That this Act [enacting section 1769c of this title, amending sections 1755, 1757, 1758, 1759a to 1761, 1762a, 1766, 1769, 1772 to 1774, 1776, 1784, and 1786 of this title, and enacting provisions set out as notes under sections 1755, 1773 and 1786 of this title] may be cited as the ‘Child Nutrition Amendments of 1978’.’’ SHORT TITLE OF 1977 AMENDMENT Pub. L. 95–166, § 1, Nov. 10, 1977, 91 Stat. 1325, provided: ‘‘That this Act [enacting sections 1769, 1769a, and 1788 of this title, amending sections 1754 to 1758, 1759a, 1760, 1761, 1762a, 1763, 1766, 1772 to 1774, 1776, 1779, 1784, and 1786 of this title, and enacting provisions set out as notes under sections 1755 and 1772 of this title] may be cited as the ‘National School Lunch Act and Child Nu- trition Amendments of 1977’.’’ SHORT TITLE OF 1975 AMENDMENT Pub. L. 94–105, § 1, Oct. 7, 1975, 89 Stat. 511, provided: ‘‘That this Act [enacting sections 1765, 1766, 1767, 1768, and 1787 of this title, amending sections 1752, 1755, 1756, 1758, 1759, 1759a, 1760, 1761, 1762a, 1772, 1773, 1774, 1784, and 1786 of this title, repealing section 1764 of this title, and enacting provisions set out as notes under sections 1758, 1760, 1761, and 1786 of this title] may be cited as the ‘National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975’.’’ SHORT TITLE OF 1974 AMENDMENT Pub. L. 93–326, § 1, June 30, 1974, 88 Stat. 286, provided: ‘‘That this Act [enacting section 1762a of this title and amending sections 1752, 1755, 1758, 1763, 1774, and 1786 of this title] may be cited as the ‘National School Lunch and Child Nutrition Act Amendments of 1974’.’’ SHORT TITLE OF 1973 AMENDMENT Pub. L. 93–150, § 1, Nov. 7, 1973, 87 Stat. 560, provided: ‘‘That this Act [amending sections 1753, 1755, 1757, 1758, 1759, 1759a, 1763, 1772, 1773, and 1786 of this title, and en- acting provisions set out as notes under this section and section 240 of Title 20, Education] may be cited as the ‘National School Lunch and Child Nutrition Act Amendments of 1973’.’’ SHORT TITLE Act June 4, 1946, ch. 281, § 1, 60 Stat. 230, as amended by Pub. L. 106–78, title VII, § 752(a), Oct. 22, 1999, 113 Stat. 1169, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Richard B. Russell Na- tional School Lunch Act’.’’ EMERGENCY COSTS FOR CHILD NUTRITION PROGRAMS DURING COVID–19 PANDEMIC Pub. L. 116–260, div. N, title VII, § 722, Dec. 27, 2020, 134 Stat. 2097, provided that: ‘‘(a) USE OF CERTAIN APPROPRIATIONS TO COVER EMER- GENCY OPERATIONAL COSTS UNDER SCHOOL MEAL PRO- GRAMS.— ‘‘(1) IN GENERAL.— ‘‘(A) REQUIRED ALLOTMENTS.—Notwithstanding any other provision of law, the Secretary shall allo- cate to each State that participates in the reim- bursement program under paragraph (3) such amounts as may be necessary to carry out reim- bursements under such paragraph for each reim- bursement month, including, subject to paragraph (5)(B), administrative expenses necessary to make such reimbursements. ‘‘(B) GUIDANCE WITH RESPECT TO PROGRAM.—Not later than 30 days after the date of the enactment of this section [Dec. 27, 2020], the Secretary shall issue guidance with respect to the reimbursement program under paragraph (3). ‘‘(2) REIMBURSEMENT PROGRAM APPLICATION.—To participate in the reimbursement program under paragraph (3), not later than 30 days after the date described in paragraph (1)(B), a State shall submit an application to the Secretary that includes a plan to calculate and disburse reimbursements under the re- imbursement program under paragraph (3). ‘‘(3) REIMBURSEMENT PROGRAM.—Subject to para- graphs (4) and (5)(D), using the amounts allocated under paragraph (1)(A), a State participating in the reimbursement program under this paragraph shall make reimbursements for emergency operational costs for each reimbursement month as follows: ‘‘(A) For each new school food authority in the State for the reimbursement month, an amount equal to 55 percent of the amount equal to— ‘‘(i) the average monthly amount such new school food authority was reimbursed under the reimbursement sections for meals and supple- ments served by such new school food authority during the alternate period; minus ‘‘(ii) the amount such new school food authority was reimbursed under the reimbursement sec- tions for meals and supplements served by such new school food authority during such reimburse- ment month. ‘‘(B) For each school food authority not described in subparagraph (A) in the State for the reimburse- ment month, an amount equal to 55 percent of— ‘‘(i) the amount such school food authority was reimbursed under the reimbursement sections for meals and supplements served by such school food authority for the month beginning one year be- fore such reimbursement month; minus ‘‘(ii) the amount such school food authority was reimbursed under the reimbursement sections for meals and supplements served by such school food authority during such reimbursement month. Page 4880 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1751 ‘‘(4) SPECIAL RULES RELATING TO REIMBURSEMENT CALCULATION.— ‘‘(A) EFFECT OF NEGATIVE NUMBER.—If a subtrac- tion performed under subparagraph (A) or (B) of paragraph (3) results in a negative number, the re- imbursement amount calculated under such sub- paragraph shall equal zero. ‘‘(B) SPECIAL TREATMENT OF MARCH, 2020.—In the case of a reimbursement under subparagraph (A) or (B) of paragraph (3) for the reimbursement month of March, 2020, the reimbursement amount shall be equal to the amount determined under such a sub- paragraph for such month, divided by 2. ‘‘(5) TREATMENT OF FUNDS.— ‘‘(A) AVAILABILITY.—Funds allocated to a State under paragraph (1)(A) shall remain available until September 30, 2021. ‘‘(B) ADMINISTRATIVE EXPENSES.—A State may re- serve not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this subsection. ‘‘(C) UNEXPENDED BALANCE.—On March 31, 2022, any amounts allocated to a State under paragraph (1)(A) or reimbursed to a school food authority or new school food authority under paragraph (3) that are unexpended by such State, school food author- ity, or new school food authority shall revert to the Secretary. ‘‘(D) LIMITATION ON USE OF FUNDS.—Funds allo- cated to a State under paragraph (1)(A) may only be made available to a school food authority or new school food authority that— ‘‘(i) submits a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the period beginning September 1, 2020 and ending December 31, 2020; or ‘‘(ii) provides an assurance to such State that the school food authority or new school food au- thority will submit a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the first full semester (or equivalent term) after the conclu- sion of the public health emergency, as deter- mined by such State. ‘‘(6) REPORTS.—Each State that carries out a reim- bursement program under paragraph (3) shall, not later than March 31, 2022, submit a report to the Sec- retary that includes a summary of the use of such funds by the State and each school food authority and new school food authority in such State. ‘‘(b) USE OF CERTAIN APPROPRIATIONS TO COVER CHILD AND ADULT CARE FOOD PROGRAM CHILD CARE OPER- ATIONAL EMERGENCY COSTS DURING COVID–19 PAN- DEMIC.— ‘‘(1) IN GENERAL.— ‘‘(A) REQUIRED ALLOTMENTS.—Notwithstanding any other provision of law, the Secretary shall allo- cate to each State that participates in the reim- bursement program under paragraph (3) such amounts as may be necessary to carry out reim- bursements under such paragraph for each reim- bursement month, including, subject to paragraph (5)(C), administrative expenses necessary to make such reimbursements. ‘‘(B) GUIDANCE WITH RESPECT TO PROGRAM.—Not later than 30 days after the date of the enactment of this section [Dec. 27, 2020], the Secretary shall issue guidance with respect to the reimbursement program under paragraph (3). ‘‘(2) REIMBURSEMENT PROGRAM APPLICATION.—To participate in the reimbursement program under paragraph (3), not later than 30 days after the date described in paragraph (1)(B), a State shall submit an application to the Secretary that includes a plan to calculate and disburse reimbursements under the re- imbursement program under paragraph (3). ‘‘(3) REIMBURSEMENT AMOUNT.—Subject to para- graphs (4) and (5)(E), using the amounts allocated under paragraph (1)(A), a State participating in the reimbursement program under this paragraph shall make reimbursements for child care operational emergency costs for each reimbursement month as follows: ‘‘(A) For each new covered institution in the State for the reimbursement month, an amount equal to 55 percent of— ‘‘(i) the average monthly amount such new cov- ered institution was reimbursed under subsection (c) and subsection (f) of section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) for meals and supplements served by such new covered institution during the alternate pe- riod; minus ‘‘(ii) the amount such new covered institution was reimbursed under such section for meals and supplements served by such new covered institu- tion during such reimbursement month. ‘‘(B) For each covered institution not described in subparagraph (A) in the State for the reimburse- ment month, an amount equal to 55 percent of— ‘‘(i) the amount such covered institution was reimbursed under subsection (c) and subsection (f) of section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) for meals and supplements served by such covered institution during the month beginning one year before such reimbursement month; minus ‘‘(ii) the amount such covered institution was reimbursed under such section for meals and sup- plements served by such covered institution dur- ing such reimbursement month. ‘‘(C) For each new sponsoring organization of a family or group day care home in the State for the reimbursement month, an amount equal to 55 per- cent of— ‘‘(i) the average monthly amount such new sponsoring organization of a family or group day care home was reimbursed under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for ad- ministrative funds for the alternate period; minus ‘‘(ii) the amount such new sponsoring organiza- tion of a family or group day care home was reim- bursed under such section for administrative funds for the reimbursement month. ‘‘(D) For each sponsoring organization of a family or group day care home not described in subpara- graph (C) in the State for the reimbursement month, an amount equal to 55 percent of— ‘‘(i) the amount such sponsoring organization of a family or group day care home was reimbursed under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for administrative funds for the month beginning one year before such reimbursement month; minus ‘‘(ii) the amount such sponsoring organization of a family or group day care home was reim- bursed under such section for administrative funds for such reimbursement month. ‘‘(4) SPECIAL RULES RELATING TO REIMBURSEMENT CALCULATION.— ‘‘(A) EFFECT OF NEGATIVE NUMBER.—If a subtrac- tion performed under subparagraph (A), (B), (C), or (D) of paragraph (3) results in a negative number, the reimbursement amount calculated under such subparagraph shall equal zero. ‘‘(B) SPECIAL TREATMENT OF MARCH, 2020.—In the case of a reimbursement under subparagraph (A), (B), (C), or (D) of paragraph (3) for the reimburse- ment month of March, 2020, the reimbursement amount shall be equal to the amount determined under such a subparagraph for such month, divided by 2. ‘‘(5) TREATMENT OF FUNDS.— ‘‘(A) AVAILABILITY.—Funds allocated to a State under paragraph (1)(A) shall remain available until September 30, 2021. ‘‘(B) UNAFFILIATED CENTER.—In the case of a cov- ered institution or a new covered institution that is Page 4881 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1751 an unaffiliated center that is sponsored by a spon- soring organization and receives funds for a reim- bursement month under subparagraph (A) or (B) of paragraph (3), such unaffiliated center shall provide to such sponsoring organization an amount of such funds as agreed to by the sponsoring organization and the unaffiliated center, except such amount may not be greater be [sic] than 15 percent of such funds. ‘‘(C) ADMINISTRATIVE EXPENSES.—A State may re- serve not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this subsection. ‘‘(D) UNEXPENDED BALANCE.—On March 31, 2022, any amounts allocated to a State under paragraph (1)(A) or reimbursed to a new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring or- ganization of a family or group day care home that are unexpended by such State, new covered institu- tion, covered institution, new sponsoring organiza- tion of a family or group day care home, or spon- soring organization of a family or group day care home, shall revert to the Secretary. ‘‘(E) LIMITATION ON USE OF FUNDS.—Funds allo- cated to a State under paragraph (1)(A) may only be made available to a new covered institution, cov- ered institution, new sponsoring organization of a family or group day care home, or sponsoring orga- nization of a family or group day care home that— ‘‘(i) submits a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the period beginning September 1, 2020 and ending December 31, 2020; or ‘‘(ii) provides an assurance to such State that the new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home will submit a claim to such State for meals, supplements, or administrative costs with respect to a month oc- curring within 90 days after the conclusion of the public health emergency. ‘‘(6) REPORTS.—Each State that carries out a reim- bursement program under paragraph (3) shall, not later than March 31, 2022, submit a report to the Sec- retary that includes a summary of the use of such funds by the State and each new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organi- zation of a family or group day care home. ‘‘(c) FUNDING.—There are appropriated to the Sec- retary, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) ALTERNATE PERIOD.—The term ‘alternate pe- riod’ means the period beginning January 1, 2020 and ending February 29, 2020. ‘‘(2) EMERGENCY OPERATIONAL COSTS.—The term ‘emergency operational costs’ means the costs in- curred by a school food authority or new school food authority— ‘‘(A) during a public health emergency; ‘‘(B) that are related to the ongoing operation, modified operation, or temporary suspension of op- eration (including administrative costs) of such school food authority or new school food authority; and ‘‘(C) except as provided under subsection (a), that are not reimbursed under a Federal grant. ‘‘(3) CHILD CARE OPERATIONAL EMERGENCY COSTS.— The term ‘child care operational emergency costs’ means the costs under the child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) incurred by a new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home— ‘‘(A) during a public health emergency; ‘‘(B) that are related to the ongoing operation, modified operation, or temporary suspension of op- eration (including administrative costs) of such new covered institution, covered institution, new sponsoring organization of a family or group day care home, sponsoring organization of a family or group day care home, or sponsoring organization of an unaffiliated center; and ‘‘(C) except as provided under subsection (b), that are not reimbursed under a Federal grant. ‘‘(4) COVERED INSTITUTION.—The term ‘covered insti- tution’ means— ‘‘(A) an institution (as defined in section 17(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2))); and ‘‘(B) a family or group day care home. ‘‘(5) NEW COVERED INSTITUTION.—The term ‘new cov- ered institution’ means a covered institution for which no reimbursements were made for meals and supplements under section 17(c) or (f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766[(c), (f)]) with respect to the previous reimburse- ment period. ‘‘(6) NEW SCHOOL FOOD AUTHORITY.—The term ‘new school food authority’ means a school food authority for which no reimbursements were made under the re- imbursement sections with respect to the previous re- imbursement period. ‘‘(7) NEW SPONSORING ORGANIZATION OF A FAMILY OR GROUP DAY CARE.—The term ‘new sponsoring organi- zation of a family or group day care’ means a spon- soring organization of a family or group day care home for which no reimbursements for administra- tive funds were made under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for the previous reimbursement period. ‘‘(8) PREVIOUS REIMBURSEMENT PERIOD.—The term ‘previous reimbursement period’ means the period be- ginning March 1, 2019 and ending June 30, 2019. ‘‘(9) PUBLIC HEALTH EMERGENCY.—The term ‘public health emergency’ means a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic or any renewal of such declara- tion pursuant to such section 319. ‘‘(10) REIMBURSEMENT MONTH.—The term ‘reim- bursement month’ means March 2020, April 2020, May 2020, and June 2020. ‘‘(11) REIMBURSEMENT SECTIONS.—The term ‘reim- bursement sections’ means— ‘‘(A) section 4(b), section 11(a)(2), section 13, and section 17A(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C. 1761; 42 U.S.C. 1766a(c)); and ‘‘(B) section 4 of the Child Nutrition Act (42 U.S.C. 1773). ‘‘(12) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture. ‘‘(13) STATE.— The term ‘State’ has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(8)).’’ INDIRECT COSTS Pub. L. 111–296, title III, § 307, Dec. 13, 2010, 124 Stat. 3245, provided that: ‘‘(a) GUIDANCE ON INDIRECT COSTS RULES.—Not later than 180 days after the date of enactment of this Act [Dec. 13, 2010], the Secretary [of Agriculture] shall issue guidance to school food authorities participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) covering program rules pertaining to indirect costs, including allowable indirect costs that may be charged to the nonprofit school food service account. ‘‘(b) INDIRECT COST STUDY.—The Secretary shall— Page 4882 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1751 ‘‘(1) conduct a study to assess the extent to which school food authorities participating in the school lunch program established under the Richard B. Rus- sell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by sec- tion 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) pay indirect costs, including assessments of— ‘‘(A) the allocation of indirect costs to, and the methodologies used to establish indirect cost rates for, school food authorities participating in the school lunch program established under the Rich- ard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program es- tablished by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); ‘‘(B) the impact of indirect costs charged to the nonprofit school food service account; ‘‘(C) the types and amounts of indirect costs charged and recovered by school districts; ‘‘(D) whether the indirect costs charged or recov- ered are consistent with requirements for the allo- cation of indirect costs and school food service op- erations; and ‘‘(E) the types and amounts of indirect costs that could be charged or recovered under requirements for the allocation of indirect costs and school food service operations but are not charged or recovered; and ‘‘(2) after completing the study required under paragraph (1), issue additional guidance relating to the types of costs that are reasonable and necessary to provide meals under the Richard B. Russell Na- tional School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ‘‘(c) REGULATIONS.—After conducting the study under subsection (b)(1) and identifying costs under subsection (b)(2), the Secretary may promulgate regulations to ad- dress— ‘‘(1) any identified deficiencies in the allocation of indirect costs; and ‘‘(2) the authority of school food authorities to re- imburse only those costs identified by the Secretary as reasonable and necessary under subsection (b)(2). ‘‘(d) REPORT.—Not later than October 1, 2013, the Sec- retary shall submit to the Committee on Education and Labor [now Committee on Education and the Work- force] of the House of Representatives and the Com- mittee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study under subsection (b). ‘‘(e) FUNDING.— ‘‘(1) IN GENERAL.—On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Sec- retary to carry out this section $2,000,000, to remain available until expended. ‘‘(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.’’ LOCAL WELLNESS POLICY Pub. L. 108–265, title II, § 204, June 30, 2004, 118 Stat. 780, as amended by Pub. L. 109–97, title VII, § 776, Nov. 10, 2005, 119 Stat. 2161, which related to establishment of local school wellness policies for schools under local educational agencies, was repealed by Pub. L. 111–296, title II, § 204(b), Dec. 13, 2010, 124 Stat. 3218. COORDINATION OF SCHOOL LUNCH, SCHOOL BREAKFAST, AND SUMMER FOOD SERVICE PROGRAMS Pub. L. 104–193, title VII, § 741, Aug. 22, 1996, 110 Stat. 2307, as amended by Pub. L. 106–78, title VII, § 752(b)(6), Oct. 22, 1999, 113 Stat. 1169, provided that: ‘‘(a) COORDINATION.— ‘‘(1) IN GENERAL.—The Secretary of Agriculture shall develop proposed changes to the regulations under the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the summer food service program under section 13 of that Act (42 U.S.C. 1761), and the school break- fast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), for the purpose of simpli- fying and coordinating those programs into a com- prehensive meal program. ‘‘(2) CONSULTATION.—In developing proposed changes to the regulations under paragraph (1), the Secretary of Agriculture shall consult with local, State, and regional administrators of the programs described in such paragraph. ‘‘(b) REPORT.—Not later than November 1, 1997, the Secretary of Agriculture shall submit to the Com- mittee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Economic and Edu- cational Opportunities [now Committee on Education and the Workforce] of the House of Representatives a report containing the proposed changes developed under subsection (a).’’ SUPPLEMENTAL NUTRITION PROGRAMS; CONGRESSIONAL STATEMENT OF FINDINGS Pub. L. 103–448, § 2, Nov. 2, 1994, 108 Stat. 4700, as amended by Pub. L. 106–78, title VII, § 752(b)(15), Oct. 22, 1999, 113 Stat. 1170, provided that: ‘‘Congress finds that— ‘‘(1) undernutrition can permanently retard phys- ical growth, brain development, and cognitive func- tioning of children; ‘‘(2) the longer a child’s nutritional, emotional, and educational needs go unmet, the greater the likeli- hood of cognitive impairment; ‘‘(3) low-income children who attend school hungry score significantly lower on standardized tests than non-hungry low-income children; and ‘‘(4) supplemental nutrition programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) can help to offset threats posed to a child’s capacity to learn and perform in school that result from inadequate nutrient intake.’’ STUDY OF ADULTERATION OF JUICE PRODUCTS SOLD TO SCHOOL MEAL PROGRAMS Pub. L. 103–448, title I, § 125, Nov. 2, 1994, 108 Stat. 4734, directed Comptroller General of the United States, not later than 1 year after Nov. 2, 1994, to conduct study and to submit a report to Congress on costs and problems associated with sale of adulterated fruit juice and juice products to the school lunch program under this chapter and school breakfast program under sec- tion 1773 of this title. CONSOLIDATION OF SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST PROGRAM INTO COMPREHENSIVE MEAL PROGRAM Pub. L. 103–448, title III, § 301, Nov. 2, 1994, 108 Stat. 4749, as amended by Pub. L. 106–78, title VII, § 752(b)(15), Oct. 22, 1999, 113 Stat. 1170, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any provision of [the] Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except as otherwise provided in this section, the Secretary of Agriculture shall, not later than 18 months after the date of enactment of this Act [Nov. 2, 1994], develop and implement regulations to consolidate the school lunch program under the Rich- ard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) into a comprehensive meal program. ‘‘(b) REQUIREMENTS.—In establishing the comprehen- sive meal program under subsection (a), the Secretary shall meet the following requirements: ‘‘(1) The Secretary shall ensure that the program continues to serve children who are eligible for free and reduced price meals. The meals shall meet the nutritional requirements of section 9(a)(1) of the Richard B. Russell National School Lunch Act (42 Page 4883 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1752 U.S.C. 1758(a)(1)) and section 4(e)(1) of the Child Nu- trition Act of 1966 (42 U.S.C. 1773(e)(1)). ‘‘(2) The Secretary shall continue to make break- fast assistance payments in accordance with section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) and food assistance payments in accordance with the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ‘‘(3) The Secretary may not consolidate any aspect of the school lunch program or the school breakfast program with respect to any matter described in any of subparagraphs (A) through (N) of section 12(l)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(4)). ‘‘(c) PLAN AND RECOMMENDATIONS.— ‘‘(1) PLAN FOR CONSOLIDATION AND SIMPLIFICATION.— Not later than 180 days prior to implementing the regulations described in subsection (a), the Secretary shall prepare and submit to the Committee on Edu- cation and Labor [now Committee on Education and the Workforce] of the House of Representatives and the Committee on Agriculture, Nutrition, and For- estry of the Senate a plan for the consolidation and simplification of the school lunch program and the school breakfast program. ‘‘(2) RECOMMENDATIONS WITH RESPECT TO CHANGE IN PAYMENT AMOUNTS.—If the Secretary proposes to change the amount of the breakfast assistance pay- ment or the food assistance payment under the com- prehensive meal program, the Secretary shall not in- clude the change in the consolidation and shall pre- pare and submit to the Committee on Education and Labor [now Committee on Education and the Work- force], and the Committee on Agriculture, of the House of Representatives and the Committee on Agri- culture, Nutrition, and Forestry of the Senate rec- ommendations for legislation to effect the change.’’ STUDY AND REPORT RELATING TO USE OF PRIVATE FOOD ESTABLISHMENTS AND CATERERS UNDER SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST PROGRAM Pub. L. 103–448, title III, § 302, Nov. 2, 1994, 108 Stat. 4750, directed Comptroller General of the United States, in conjunction with the Director of the Office of Tech- nology Assessment, to conduct a study and submit a re- port to Congress, not later than Sept. 1, 1996, on the use of private food establishments and caterers by schools that participate in the school lunch program under this chapter or the school breakfast program under section 1773 of this title. SCHOOL LUNCH STUDIES Pub. L. 101–624, title XVII, § 1779, Nov. 28, 1990, 104 Stat. 3816, directed Secretary of Agriculture to deter- mine the quantity of bonus commodities lost, by State, since the 1987–88 school year, the amount that school food service authorities charged students for non-free or reduced price meals, and the trends in school partici- pation and student participation, by State and for the United States, and directed Secretary also to deter- mine the cost to produce school lunches and breakfasts, including indirect and local administrative costs, the reasons why schools choose not to participate in the National school lunch program, the State costs in- curred to administer the school programs, and the rea- sons why children eligible for free or reduced price meals do not apply for benefits or participate, with Secretary to submit to Congress a final report on re- sults of the studies not later than Oct. 1, 1993. COMPREHENSIVE STUDY OF BENEFITS OF PROGRAMS; REPORT TO CONGRESS Pub. L. 93–150, § 10, Nov. 7, 1973, 87 Stat. 564, directed Secretary of Agriculture to carry out a comprehensive study to determine if the benefits of the National School Lunch Act and the Child Nutrition Act are ac- cruing to the maximum extent possible to all of the na- tion’s school children, and to determine if regional cost differentials exist in Alaska and other States so as to require additional reimbursement, such report with recommendations to be submitted to Congress no later than June 30, 1974. § 1752. Authorization of appropriations; ‘‘Sec- retary’’ defined For each fiscal year, there is authorized to be appropriated, out of money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as ‘‘the Secretary’’) to carry out the provisions of this chapter, other than sections 1761 and 1766 of this title. Appro- priations to carry out the provisions of this chapter and of the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] for any fiscal year are au- thorized to be made a year in advance of the be- ginning of the fiscal year in which the funds will become available for disbursement to the States. Notwithstanding any other provision of law, any funds appropriated to carry out the provisions of this chapter and the Child Nutri- tion Act of 1966 shall remain available for the purposes of the Act for which appropriated until expended. (June 4, 1946, ch. 281, § 3, 60 Stat. 230; Pub. L. 87–823, § 1, Oct. 15, 1962, 76 Stat. 944; Pub. L. 90–302, § 1, May 8, 1968, 82 Stat. 117; Pub. L. 91–248, § 1(a), May 14, 1970, 84 Stat. 208; Pub. L. 93–326, § 7, June 30, 1974, 88 Stat. 287; Pub. L. 94–105, § 24, Oct. 7, 1975, 89 Stat. 529; Pub. L. 99–500, title III, § 371(a)(2), Oct. 18, 1986, 100 Stat. 1783–368, and Pub. L. 99–591, title III, § 371(a)(2), Oct. 30, 1986, 100 Stat. 3341–371; Pub. L. 99–661, div. D, title V, § 4501(a)(2), Nov. 14, 1986, 100 Stat. 4080.) 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. CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 1986—Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, which identically directed amendment of section by substituting ‘‘sections 1761 and 1766’’ for ‘‘sections 1761, 1766, and 1768’’ were executed making the substitution for ‘‘sections 1761, 1766 and 1768’’ as the probable intent of Congress. 1975—Pub. L. 94–105 substituted ‘‘sections 1761, 1766 and 1768’’ for ‘‘section 1761’’. 1974—Pub. L. 93–326 substituted ‘‘other than section 1761 of this title’’ for ‘‘other than sections 1759a and 1761 of this title’’. 1970—Pub. L. 91–248 provided that appropriations for child food service programs may be made a year in ad- vance of the beginning of the fiscal year in which the funds become available and that funds appropriated for such programs remain available until expended. 1968—Pub. L. 90–302 inserted section 1761 to enumera- tion of sections excepted from application of this sec- tion. 1962—Pub. L. 87–823 struck out ‘‘, beginning with the fiscal year ending June 30, 1947,’’ after ‘‘fiscal year’’ and inserted ‘‘, other than section 1759a of this title.’’