42 U.S.C. § 1758 — Program requirements

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 Page 4905 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 Page 4906 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) Page 4910 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 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- Page 4911 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