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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 13. SCHOOL LUNCH PROGRAMS |
§ 1766. Child and adult care food program
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(a) Program purpose, grant authority and institution eligibility (1) In general (A) Program purpose (i) Findings Congress finds that— (I) eating habits and other wellness-related behavior habits are established early in life; and (II) good nutrition and wellness are important contributors to the overall health of young children and essential to cognitive development. (ii) Purpose The purpose of the program authorized by this section is to provide aid to child and adult care institutions and family or group day care homes for the provision of nutritious foods that contribute to the wellness, healthy growth, and development of young children, and the health and wellness of older adults and chronically impaired disabled persons.
(B) Grant authority The Secretary may carry out a program to assist States through grants-in-aid and other means to initiate and maintain nonprofit food service programs for children in institutions providing child care.
(2) Definition of institution In this section, the term “institution” means— (A) any public or private nonprofit organization providing nonresidential child care or day care outside school hours for school children, including any child care center, settlement house, recreational center, Head Start center, and institution providing child care facilities for children with disabilities; (B) any other private organization providing nonresidential child care or day care outside school hours for school children, if— (i) at least 25 percent of the children served by the organization meet the income eligibility criteria established under section 1758(b) of this title for free or reduced price meals; or (ii) the organization receives compensation from amounts granted to the States under title XX of the Social Security Act (42 U.S.C. 1397 et seq.) (but only if the organization receives compensation under that title for at least 25 percent of its enrolled children or 25 percent of its licensed capacity, whichever is less); (C) any public or private nonprofit organization acting as a sponsoring organization for one or more of the organizations described in subparagraph (A) or (B) or for an adult day care center (as defined in subsection (o)(2) of this section); (D) any other private organization acting as a sponsoring organization for, and that is part of the same legal entity as, one or more organizations that are— (i) described in subparagraph (B); or (ii) proprietary title XIX or title XX centers (as defined in subsection (o)(2) of this section); (E) any public or private nonprofit organization acting as a sponsoring organization for one or more family or group day care homes; and (F) any emergency shelter (as defined in subsection (t) of this section). (3) Age limit Except as provided in subsection (r) of this section, reimbursement may be provided under this section only for meals or supplements served to children not over 12 years of age (except that such age limitation shall not be applicable for children of migrant workers if 15 years of age or less or for children with disabilities).
(4) Additional guidelines The Secretary may establish separate guidelines for institutions that provide care to school children outside of school hours.
(5) Licensing In order to be eligible, an institution (except a school or family or group day care home sponsoring organization) or family or group day care home shall— (A) (i) be licensed, or otherwise have approval, by the appropriate Federal, State, or local licensing authority; or (ii) be in compliance with appropriate procedures for renewing participation in the program, as prescribed by the Secretary, and not be the subject of information possessed by the State indicating that the license of the institution or home will not be renewed; (B) if Federal, State, or local licensing or approval is not available— (i) meet any alternate approval standards established by the appropriate State or local governmental agency; or (ii) meet any alternate approval standards established by the Secretary after consultation with the Secretary of Health and Human Services; or (C) if the institution provides care to school children outside of school hours and Federal, State, or local licensing or approval is not required for the institution, meet State or local health and safety standards. (6) Eligibility criteria No institution shall be eligible to participate in the program unless it satisfies the following criteria: (A) accepts final administrative and financial responsibility for management of an effective food service; (B) has not been seriously deficient in its operation of the child and adult care food program, or any other program under this chapter or the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], or has not been determined to be ineligible to participate in any other publicly funded program by reason of violation of the requirements of the program, for a period of time specified by the Secretary; (C) (i) will provide adequate supervisory and operational personnel for overall monitoring and management of the child care food program; and (ii) in the case of a sponsoring organization, the organization shall employ an appropriate number of monitoring personnel based on the number and characteristics of child care centers and family or group day care homes sponsored by the organization, as approved by the State (in accordance with regulations promulgated by the Secretary), to ensure effective oversight of the operations of the child care centers and family or group day care homes; (D) in the case of a family or group day care home sponsoring organization that employs more than one employee, the organization does not base payments to an employee of the organization on the number of family or group day care homes recruited; (E) in the case of a sponsoring organization, the organization has in effect a policy that restricts other employment by employees that interferes with the responsibilities and duties of the employees of the organization with respect to the program; and (F) in the case of a sponsoring organization that applies for initial participation in the program on or after June 20, 2000 , and that operates in a State that requires such institutions to be bonded under State law, regulation, or policy, the institution is bonded in accordance with such law, regulation, or policy.(b) Limitations on cash assistance For the fiscal year ending
September 30, 1979 , and for each subsequent fiscal year, the Secretary shall provide cash assistance to States for meals as provided in subsection (f) of this section, except that, in any fiscal year, the aggregate amount of assistance provided to a State by the Secretary under this section shall not exceed the sum of (1) the Federal funds provided by the State to participating institutions within the State for that fiscal year and (2) any funds used by the State under section 10 of the Child Nutrition Act of 1966 [42 U.S.C. 1779].(c) Formula for computation of payments; national average payment rate (1) For purposes of this section, except as provided in subsection (f)(3) of this section, the national average payment rate for free lunches and suppers, the national average payment rate for reduced price lunches and suppers, and the national average payment rate for paid lunches and suppers shall be the same as the national average payment rates for free lunches, reduced price lunches, and paid lunches, respectively, under sections 1753 and 1759a of this title as appropriate (as adjusted pursuant to section 1759a(a) of this title). (2) For purposes of this section, except as provided in subsection (f)(3) of this section, the national average payment rate for free breakfasts, the national average payment rate for reduced price breakfasts, and the national average payment rate for paid breakfasts shall be the same as the national average payment rates for free breakfasts, reduced price breakfasts, and paid breakfasts, respectively, under section 4(b) of the Child Nutrition Act of 1966 [42 U.S.C. 1773(b)] (as adjusted pursuant to section 1759a(a) of this title). (3) For purposes of this section, except as provided in subsection (f)(3) of this section, the national average payment rate for free supplements shall be 30 cents, the national average payment rate for reduced price supplements shall be one-half the rate for free supplements, and the national average payment rate for paid supplements shall be 2.75 cents (as adjusted pursuant to section 1759a(a) of this title). (4) Determinations with regard to eligibility for free and reduced price meals and supplements shall be made in accordance with the income eligibility guidelines for free lunches and reduced price lunches, respectively, under section 1758 of this title. (5) A child shall be considered automatically eligible for benefits under this section without further application or eligibility determination, if the child is 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 determination 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)). (6) A child who has not yet entered kindergarten shall be considered automatically eligible for benefits under this section without further application or eligibility determination if the child is enrolled as a participant in the Even Start program under part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.). with the Assistant Secretary for Aging, shall establish, within 6 months of October 1, 1988 , separate guidelines for reimbursement of institutions described in this subsection. Such reimbursement shall take into account the nutritional requirements of eligible persons, as determined by the Secretary on the basis of tested nutritional research, except that such reimbursement shall not be less than would otherwise be required under this section.(B) The guidelines shall contain provisions designed to assure that reimbursement under this subsection shall not duplicate reimbursement under part C of title III of the Older Americans Act of 1965 [42 U.S.C. 3030e et seq.], for the same meal served. (4) For the purpose of establishing eligibility for free or reduced price meals or supplements under this subsection, income shall include only the income of an eligible person and, if any, the spouse and dependents with whom the eligible person resides. (5) A person described in paragraph (1) shall be considered automatically eligible for free meals or supplements under this subsection, without further application or eligibility determination, if the person is— (A) a member of a household receiving assistance under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or (B) a recipient of assistance under title XVI or XIX of the Social Security Act [42 U.S.C. 1381 et seq., 1396 et seq.]. (6) The Governor of any State may designate to administer the program under this subsection a State agency other than the agency that administers the child care food program under this section. (p) Repealed. Pub. L. 111–296, title IV, § 441(a)(7), Dec. 13, 2010 , 124 Stat. 3264(q) Management support (1) Technical and training assistance In addition to the training and technical assistance that is provided to State agencies under other provisions of this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary shall provide training and technical assistance in order to assist the State agencies in improving their program management and oversight under this section.
(2) Technical and training assistance for identification and prevention of fraud and abuse As part of training and technical assistance provided under paragraph (1), the Secretary shall provide training on a continuous basis to State agencies, and shall ensure that such training is provided to sponsoring organizations, for the identification and prevention of fraud and abuse under the program and to improve management of the program.
(r) Program for at-risk school children (1) Definition of at-risk school child In this subsection, the term “at-risk school child” means a school child who— (A) is not more than 18 years of age, except that the age limitation provided by this subparagraph shall not apply to a child described in section 1760(d)(1)(A) of this title; and (B) participates in a program authorized under this section operated at a site located in a geographical area served by a school in which at least 50 percent of the children enrolled are certified as eligible to receive free or reduced price school meals under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (2) Participation in child and adult care food program An institution may participate in the program authorized under this section only if the institution provides meals or supplements under a program— (A) organized primarily to provide care to at-risk school children during after-school hours, weekends, or holidays during the regular school year; and (B) with an educational or enrichment purpose. (3) Administration Except as otherwise provided in this subsection, the other provisions of this section apply to an institution described in paragraph (2).
(4) Meal and supplement reimbursement (A) Limitations An institution may claim reimbursement under this subsection only for one meal per child per day and one supplement per child per day served under a program organized primarily to provide care to at-risk school children during after-school hours, weekends, or holidays during the regular school year.
(B) Rates (i) Meals A meal shall be reimbursed under this subsection at the rate established for free meals under subsection (c) of this section.
(ii) Supplements A supplement shall be reimbursed under this subsection at the rate established for a free supplement under subsection (c)(3) of this section.
(C) No charge A meal or supplement claimed for reimbursement under this subsection shall be served without charge.
(5) Limitation An institution participating in the program under this subsection may not claim reimbursement for meals and snacks that are served under section 1769(h) of this title on the same day.
(6) Handbook (A) In general Not later than 180 days after December 13, 2010 , the Secretary shall—(i) issue guidelines for afterschool meals for at-risk school children; and (ii) publish a handbook reflecting those guidelines. (B) Review Each year after the issuance of guidelines under subparagraph (A), the Secretary shall— (i) review the guidelines; and (ii) issue a revised handbook reflecting changes made to the guidelines. (s) Information concerning the special supplemental nutrition program for women, infants, and children (1) In general The Secretary shall provide each State agency administering a child and adult care food program under this section with information concerning the special supplemental nutrition program for women, infants, and children authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
(2) Requirements for State agencies Each State agency shall ensure that each participating family and group day care home and child care center (other than an institution providing care to school children outside school hours)— (A) receives materials that include— (i) a basic explanation of the importance and benefits of the special supplemental nutrition program for women, infants, and children; (ii) the maximum State income eligibility standards, according to family size, for the program; and (iii) information concerning how benefits under the program may be obtained; (B) receives periodic updates of the information described in subparagraph (A); and (C) provides the information described in subparagraph (A) to parents of enrolled children at enrollment. (t) Participation by emergency shelters (1) Definition of emergency shelter In this subsection, the term “emergency shelter” means— (A) an emergency shelter (as defined in section 11351 of this title); or (B) a site operated by the shelter. (2) Administration Except as otherwise provided in this subsection, an emergency shelter shall be eligible to participate in the program authorized under this section in accordance with the terms and conditions applicable to eligible institutions described in subsection (a) of this section.
(3) Licensing requirements The licensing requirements contained in subsection (a)(5) of this section shall not apply to an emergency shelter.
(4) Health and safety standards To be eligible to participate in the program authorized under this section, an emergency shelter shall comply with applicable State or local health and safety standards.
(5) Meal or supplement reimbursement (A) Limitations An emergency shelter may claim reimbursement under this subsection— (i) only for a meal or supplement served to children residing at an emergency shelter, if the children are— (I) not more than 18 years of age; or (II) children with disabilities; and (ii) for not more than 3 meals, or 2 meals and a supplement, per child per day. (B) Rate A meal or supplement eligible for reimbursement shall be reimbursed at the rate at which free meals and supplements are reimbursed under subsection (c) of this section.
(C) No charge A meal or supplement claimed for reimbursement shall be served without charge.
(u) Promoting health and wellness in child care (1) Physical activity and electronic media use The Secretary shall encourage participating child care centers and family or group day care homes— (A) to provide to all children under the supervision of the participating child care centers and family or group day care homes daily opportunities for structured and unstructured age-appropriate physical activity; and (B) to limit among children under the supervision of the participating child care centers and family or group day care homes the use of electronic media to an appropriate level. (2) Water consumption Participating child care centers and family or group day care homes shall make available to children, as nutritionally appropriate, potable water as an acceptable fluid for consumption throughout the day, including at meal times.
(3) Technical assistance and guidance (A) In general The Secretary shall provide technical assistance to institutions participating in the program under this section to assist participating child care centers and family or group day care homes in complying with the nutritional requirements and wellness recommendations prescribed by the Secretary in accordance with this subsection and subsection (g).
(B) Guidance Not later than January 1, 2012 , the Secretary shall issue guidance to States and institutions to encourage participating child care centers and family or group day care homes serving meals and snacks under this section to—(i) include foods that are recommended for increased serving consumption in amounts recommended by the most recent Dietary Guidelines for Americans published under section 5341 of title 7, including fresh, canned, dried, or frozen fruits and vegetables, whole grain products, lean meat products, and low-fat and non-fat dairy products; and (ii) reduce sedentary activities and provide opportunities for regular physical activity in quantities recommended by the most recent Dietary Guidelines for Americans described in clause (i). (C) Nutrition Technical assistance relating to the nutritional requirements of this subsection and subsection (g) shall include— (i) nutrition education, including education that emphasizes the relationship between nutrition, physical activity, and health; (ii) menu planning; (iii) interpretation of nutrition labels; and (iv) food preparation and purchasing guidance to produce meals and snacks that are— (I) consistent with the goals of the most recent Dietary Guidelines; and (II) promote the health of the population served by the program under this section, as recommended by authoritative scientific organizations. (D) Physical activity Technical assistance relating to the physical activity requirements of this subsection shall include— (i) education on the importance of regular physical activity to overall health and well being; and (ii) sharing of best practices for physical activity plans in child care centers and homes as recommended by authoritative scientific organizations. (E) Electronic media use Technical assistance relating to the electronic media use requirements of this subsection shall include— (i) education on the benefits of limiting exposure to electronic media by children; and (ii) sharing of best practices for the development of daily activity plans that limit use of electronic media. (F) Minimum assistance At a minimum, the technical assistance required under this paragraph shall include a handbook, developed by the Secretary in coordination with the Secretary for Health and Human Services, that includes recommendations, guidelines, and best practices for participating institutions and family or group day care homes that are consistent with the nutrition, physical activity, and wellness requirements and recommendations of this subsection.
(G) Additional assistance In addition to the requirements of this paragraph, the Secretary shall develop and provide such appropriate training and education materials, guidance, and technical assistance as the Secretary considers to be necessary to comply with the nutritional and wellness requirements of this subsection and subsection (g).
(H) Funding (i) In general On
October 1, 2010 , out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to provide technical assistance under this subsection $10,000,000, to remain available until expended.(ii) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under clause (i), without further appropriation.
References In Text
The Social Security Act, referred to in subsecs. (a)(2)(B)(ii) and (o)(2)(B), (5)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVI, XIX, and XX of the Act are classified generally to subchapters XVI (§ 1381 et seq.), XIX (§ 1396 et seq.), and XX (§ 1397 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
The Child Nutrition Act of 1966, referred to in subsecs. (a)(6)(B), (f)(3)(A)(ii)(I)(bb), (E)(ii)(I), (q)(1), and (r)(1)(B), is Pub. L. 89–642,
The Head Start Act, referred to in subsec. (c)(5), is subchapter B (§§ 635–657) of chapter 8 of subtitle A of title VI of Pub. L. 97–35,
Part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(6), means part B of chapter 1 of title I of Pub. L. 89–10 which was classified generally to part B (§ 2741 et seq.) of division 1 of subchapter I of chapter 47 of Title 20, Education, prior to being omitted in the general amendment of Pub. L. 89–10 by Pub. L. 103–382, title I, § 101,
The Agricultural Act of 1949, referred to in subsec. (h)(2), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables.
The Older Americans Act of 1965, referred to in subsec. (o)(3)(B), is Pub. L. 89–73,
The Food and Nutrition Act of 2008, referred to in subsec. (o)(5)(A), is Pub. L. 88–525,
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
2010—Subsec. (a). Pub. L. 111–296, § 221(1), substituted “Program purpose, grant authority and institution eligibility” for “Grant authority and institution eligibility” in heading.
Subsec. (a)(1). Pub. L. 111–296, § 221(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Secretary may carry out a program to assist States through grants-in-aid and other means to initiate and maintain nonprofit food service programs for children in institutions providing child care.”
Subsec. (d)(1)(E). Pub. L. 111–296, § 331(a), added subpar. (E).
Subsec. (d)(2). Pub. L. 111–296, § 331(b), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows:
“(2)(A) The Secretary shall develop a policy that—
“(i) allows institutions providing child care that participate in the program under this section, at the option of the State agency, to reapply for assistance under this section at 3-year intervals;
“(ii)(I) requires periodic unannounced site visits at not less than 3-year intervals to sponsored child care centers and family or group day care homes to identify and prevent management deficiencies and fraud and abuse under the program;
“(II) requires at least one scheduled site visit each year to sponsored child care centers and family or group day care homes to identify and prevent management deficiencies and fraud and abuse under the program and to improve program operations; and
“(III) requires at least one scheduled site visit at not less than 3-year intervals to sponsoring organizations and nonsponsored child care centers to identify and prevent management deficiencies and fraud and abuse under the program and to improve program operations; and
“(iii) requires periodic site visits to private institutions that the State agency determines have a high probability of program abuse.
“(B) Each State agency that exercises the option authorized by subparagraph (A) shall confirm on an annual basis that each such institution is in compliance with the licensing or approval provisions of subsection (a)(5) of this section.”
Subsec. (e). Pub. L. 111–296, § 332, inserted subsec. heading, added pars. (1) to (3), redesignated former pars. (2) and (3) as (4) and (5), respectively, and inserted par. headings, and struck out former par. (1) which read as follows: “Except as provided in paragraph (2), the State shall provide, in accordance with regulations issued by the Secretary, a fair hearing and a prompt determination to any institution aggrieved by the action of the State as it affects the participation of such institution in the program authorized by this section, or its claim for reimbursement under this section.”
Subsec. (f)(3)(A)(ii)(I)(bb). Pub. L. 111–296, § 121, struck out “elementary” after “school enrolling”.
Subsec. (f)(3)(A)(iii)(III)(dd), (ee). Pub. L. 111–296, § 333, added items (dd) and (ee).
Subsec. (f)(3)(B). Pub. L. 111–296, § 334, added subpar. (B) and struck out former subpar. (B) which read as follows: “Family or group day care home sponsoring organizations shall also receive reimbursement for their administrative expenses in amounts not exceeding the maximum allowable levels prescribed by the Secretary. Such levels shall be adjusted July 1 of each year to reflect changes in the Consumer Price Index for all items for the most recent 12-month period for which such data are available.”
Subsec. (g). Pub. L. 111–296, § 221(2), added subsec. (g) and struck out former subsec. (g) which related to meals served by participating institutions and compliance assistance.
Subsec. (i)(2). Pub. L. 111–296, § 335, added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The Secretary shall make available for each fiscal year to States administering the child care food program, for the purpose of conducting audits of participating institutions, an amount up to 1.5 percent (except, in the case of each of fiscal years 2005 through 2007, 1 percent) of the funds used by each State in the program under this section, during the second preceding fiscal year.”
Subsec. (j)(1). Pub. L. 111–296, § 331(c), substituted “Secretary shall” for “Secretary may”, struck out “family or group day care” after “agreement between each”, and inserted “or sponsored day care centers” after “day care homes”.
Subsec. (p). Pub. L. 111–296, § 441(a)(7), struck out subsec. (p) which related to rural area eligibility determination for day care homes.
Subsec. (q)(3). Pub. L. 111–296, § 441(a)(8), struck out par. (3). Text read as follows: “For each of fiscal years 2005 and 2006, the Secretary shall reserve to carry out paragraph (1) $1,000,000 of the amounts made available to carry out this section.”
Subsec. (r)(5), (6). Pub. L. 111–296, § 122, added pars. (5) and (6) and struck out former par. (5). Prior to amendment, text read as follows: “The Secretary shall limit reimbursement under this subsection for meals served under a program to institutions located in the District of Columbia and thirteen States, of which eleven States shall be Connecticut, Nevada, Wisconsin, Vermont, Maryland, West Virginia, Illinois, Pennsylvania, Missouri, Delaware, and Michigan and two States shall be approved by the Secretary through a competitive application process.”
Subsec. (u). Pub. L. 111–296, § 221(3), added subsec. (u).
2009—Subsec. (r)(5). Pub. L. 111–80 substituted “the District of Columbia and thirteen” for “ten” and “eleven” for “eight” and inserted “Connecticut, Nevada, Wisconsin,” before “Vermont,”.
Pub. L. 111–8 substituted “located in ten” for “located in eight” and “of which eight” for “of which six” and inserted “Vermont, Maryland,” before “West Virginia,”.
2008—Subsec. (o)(5)(A). Pub. L. 110–246, § 4002(b)(1)(B), (2)(Z), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.
2007—Subsec. (c)(5). Pub. L. 110–134 substituted “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))” 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))”.
Subsec. (r)(5). Pub. L. 110–161 substituted “eight” for “seven” and “six” for “five” and inserted “West Virginia,” before “Illinois, Pennsylvania,”.
2004—Subsec. (a)(2)(B)(i). Pub. L. 108–265, § 119(a)(1), struck out “during the period beginning on
Pub. L. 108–211 substituted “
Subsec. (a)(6)(B). Pub. L. 108–265, § 119(h)(1), inserted “and adult” after “child”.
Subsec. (f)(3)(E)(iii). Pub. L. 108–265, § 119(b), substituted “5 years” for “3 years”.
Subsec. (i). Pub. L. 108–265, § 119(c), inserted subsec. heading, designated existing provisions as par. (2), inserted par. heading, and added par. (1).
Subsec. (j). Pub. L. 108–265, § 119(d), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, and added par. (2).
Subsec. (p). Pub. L. 108–265, § 119(e), added subsec. (p).
Pub. L. 108–265, § 119(a)(2), struck out subsec. (p), which related to demonstration projects for qualification under this section of private for-profit organizations providing nonresidential day care services.
Subsec. (q)(3). Pub. L. 108–265, § 119(f), substituted “2005 and 2006” for “1999 through 2003”.
Subsec. (t)(3). Pub. L. 108–265, § 119(h)(2), substituted “subsection (a)(5)” for “subsection (a)(1)”.
Subsec. (t)(5)(A)(i). Pub. L. 108–265, § 119(g), in subcl. (I), substituted “18” for “12” and inserted “or” at end, redesignated subcl. (III) as (II), and struck out former subcl. (II) which read as follows: “children of migrant workers, if the children are not more than 15 years of age; or”.
2003—Subsec. (a)(2)(B)(i). Pub. L. 108–134 substituted “
Pub. L. 108–7 substituted “2003” for “2002”.
2001—Subsec. (a)(2)(B)(i). Pub. L. 107–76, § 743, substituted “2002” for “2001”.
Subsec. (r)(5). Pub. L. 107–76, § 771, substituted “located in seven” for “located in six” and “of which five” for “of which four” and inserted “Illinois,” before “Pennsylvania”.
2000—Pub. L. 106–472, § 307(c)(1)(A), made technical amendment to section catchline.
Subsec. (a). Pub. L. 106–224, § 243(a)(1)–(7), inserted subsec. (a) heading, inserted par. (1) designation and heading before “The Secretary may carry”, substituted par. (2) for “For purposes of this section, the term ‘institution’ means any public or private nonprofit organization providing nonresidential child care, including, but not limited to, child care centers, settlement houses, recreational centers, Head Start centers, and institutions providing child care facilities for children with disabilities; and such term shall also mean any other private organization providing nonresidential day care services for which it receives compensation from amounts granted to the States under title XX of the Social Security Act (but only if such organization receives compensation under such title for at least 25 percent of its enrolled children or 25 percent of its licensed capacity, whichever is less). In addition, the term ‘institution’ shall include programs developed to provide day care outside school hours for schoolchildren, public or nonprofit private organizations that sponsor family or group day care homes, and emergency shelters (as provided in subsection (t) of this section).”, inserted par. (3) designation and heading before “Except as provided in subsection (r)”, inserted par. (4) designation and heading before “The Secretary may establish separate guidelines”, inserted par. (5) designation and heading after “school children outside of school hours.”, substituted “In order to be eligible,” for “For purposes of determining eligibility—”, struck out former par. (1) designation before “an institution (except a school or family”, substituted “standards.” for “standards; and”, and substituted par. (6) designation and heading for former par. (2) designation and “No institution” for “no institution”.
Subsec. (a)(2)(B). Pub. L. 106–554 substituted “children, if—” for “children for which”, added cl. (i), and designated remaining provisions as cl. (ii).
Subsec. (a)(6)(B). Pub. L. 106–224, § 243(a)(8)(A), inserted “, or has not been determined to be ineligible to participate in any other publicly funded program by reason of violation of the requirements of the program” before “, for a period”.
Subsec. (a)(6)(C). Pub. L. 106–224, § 243(a)(8)(B), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(6)(C)(ii). Pub. L. 106–472, § 307(c)(1)(B), struck out “and” at end.
Subsec. (a)(6)(D). Pub. L. 106–224, § 243(a)(8)(C), substituted a semicolon for the period at end.
Subsec. (a)(6)(E), (F). Pub. L. 106–224, § 243(a)(8)(D), added subpars. (E) and (F).
Subsec. (d). Pub. L. 106–224, § 243(b)(1), inserted subsec. heading.
Subsec. (d)(1). Pub. L. 106–224, § 243(b)(1), added par. (1) and struck out former par. (1), which had provided that any eligible public institution would be approved upon its request, that any eligible private institution would be approved if it had been visited by a State agency and had either tax exempt status or had been operating a Federal program requiring nonprofit status, and set forth provisions relating to tax exempt certification of family or group day care homes, authorizing temporary participation for an institution moving toward compliance, and requiring notice of approval or disapproval of application within 30 days after filing.
Subsec. (d)(2)(A)(ii), (iii). Pub. L. 106–224, § 243(b)(2), added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (d)(2)(B). Pub. L. 106–224, § 243(b)(3), substituted “subsection (a)(5)” for “subsection (a)(1)”.
Subsec. (d)(3). Pub. L. 106–224, § 243(b)(4)(A), added par. (3).
Subsec. (d)(4). Pub. L. 106–224, § 243(b)(5), added par. (4).
Subsec. (d)(5). Pub. L. 106–224, § 243(c), added par. (5).
Subsec. (d)(5)(D). Pub. L. 106–472, § 307(c)(2), designated existing provisions as cl. (i), inserted cl. (i) heading, substituted “Except as provided in cl. (ii), an institution” for “An institution”, and added cl. (ii).
Subsec. (f). Pub. L. 106–224, § 243(d)(1), inserted heading.
Subsec. (f)(1). Pub. L. 106–224, § 243(d), inserted par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, and added subpar. (B).
Subsec. (f)(2)(C). Pub. L. 106–224, § 243(e), added subpar. (C).
Subsec. (f)(3)(D). Pub. L. 106–224, § 243(f), added subpar. (D) and struck out former subpar. (D), which required the Secretary to reserve $5,000,000 of the amount made available for fiscal year 1997 for grants to States to provide assistance to family or group day care homes and set forth provisions relating to allocation and retention of funds and additional payments.
Subsec. (p)(1). Pub. L. 106–224, § 243(g)(1)(A), substituted “State-wide demonstration projects in three States” for “2 statewide demonstration projects” in first sentence of introductory provisions.
Subsec. (p)(3). Pub. L. 106–224, § 243(g)(1)(B)(i), inserted “in” after “subsection” in introductory provisions.
Subsec. (p)(3)(C). Pub. L. 106–224, § 243(g)(1)(B)(ii)–(iv), added subpar. (C).
Subsec. (p)(3)(C)(iii). Pub. L. 106–472, § 307(c)(3)(A), substituted “all low-income families” for “all families”.
Subsec. (p)(3)(C)(iv). Pub. L. 106–472, § 307(c)(3)(B), substituted “reported for fiscal year 1998” for “made”.
Subsec. (q)(2), (3). Pub. L. 106–224, § 243(h), added par. (2) and redesignated former par. (2) as (3).
Subsec. (r)(2). Pub. L. 106–224, § 243(i)(1), inserted “meals or” before “supplements” in introductory provisions.
Subsec. (r)(4). Pub. L. 106–224, § 243(i)(2)(A), substituted “Meal and supplement” for “Supplement” in par. heading.
Subsec. (r)(4)(A). Pub. L. 106–224, § 243(i)(2)(B), substituted “only for one meal per child per day and one supplement per child per day” for “only for—”, struck out “(i) a supplement” before “served under”, substituted a period for “; and”, and struck out cl. (ii) which read as follows: “one supplement per child per day.”
Subsec. (r)(4)(B). Pub. L. 106–224, § 243(i)(2)(C), in par. heading, substituted “Rates” for “Rate”, added cl. (i), designated existing provisions as cl. (ii), and inserted cl. (ii) heading.
Subsec. (r)(4)(C). Pub. L. 106–224, § 243(i)(2)(D), inserted “meal or” before “supplement”.
Subsec. (r)(5). Pub. L. 106–224, § 243(i)(3), added par. (5).
Subsec. (t)(1)(A). Pub. L. 106–400 made technical amendment to reference in original act which appears in text as reference to section 11351 of this title.
1998—Subsec. (a). Pub. L. 105–336, § 107(j)(3)(C), substituted “children with disabilities” for “children with handicaps” in two places in introductory provisions.
Pub. L. 105–336, § 107(j)(2)(B), in third sentence of introductory provisions, substituted “public” for “and public” and inserted, “, and emergency shelters (as provided in subsection (t) of this section)” before period at end.
Pub. L. 105–336, § 107(a)(1), in fourth sentence of introductory provisions, substituted “Except as provided in subsection (r) of this section, reimbursement” for “Reimbursement”.
Subsec. (a)(1). Pub. L. 105–336, § 107(a)(2), added par. (1) and struck out former par. (1) which read as follows: “no institution, other than a family or group day care home sponsoring organization, or family or group day care home shall be eligible to participate in the program unless it has Federal, State, or local licensing or approval, or is complying with appropriate renewal procedures as prescribed by the Secretary and the State has no information indicating that the institution’s license will not be renewed; or where Federal, State, or local licensing or approval is not available, it receives funds under title XX of the Social Security Act or otherwise demonstrates that it meets either any applicable State or local government licensing or approval standards or approval standards established by the Secretary after consultation with the Secretary of Health and Human Services; and”.
Subsec. (c)(6). Pub. L. 105–336, § 107(b), struck out “(A)” before “A child” and struck out subpar. (B) which read as follows: “Subparagraph (A) shall apply only with respect to the provision of benefits under this section for the period beginning
Subsec. (d)(1). Pub. L. 105–336, § 107(c)(1), (d), inserted “has been visited by a State agency prior to approval and it” after “if it” in second sentence, inserted “An institution moving toward compliance with the requirement for tax exempt status shall be allowed to participate in the child and adult care food program for a period of not more than 180 days, except that a State agency may grant a single extension of not to exceed an additional 90 days if the institution demonstrates, to the satisfaction of the State agency, that the inability of the institution to obtain tax exempt status within the 180-day period is due to circumstances beyond the control of the institution.” after third sentence, and struck out at end “If an institution submits an incomplete application to the State, the State shall so notify the institution within fifteen days of receipt of the application.”
Subsec. (d)(2)(A). Pub. L. 105–336, § 107(c)(2), substituted “policy that—” for “policy that”, inserted “(i)” before “allows institutions”, substituted “; and” for period at end, and added cl. (ii).
Subsec. (h)(1)(B). Pub. L. 105–336, § 101(b), substituted “1755(c)” for “1755(e)”.
Subsec. (i). Pub. L. 105–336, § 107(e), substituted “1.5 percent (except, in the case of each of fiscal years 2005 through 2007, 1 percent)” for “2 percent”.
Subsec. (p)(4), (5). Pub. L. 105–336, § 107(f), struck out pars. (4) and (5) which read as follows:
“(4) Such project shall—
“(A) commence not earlier than
“(B) terminate on
“(5) Notwithstanding paragraph (4)(B), the Secretary shall continue until
Subsec. (q). Pub. L. 105–336, § 107(g), added subsec. (q).
Subsec. (r). Pub. L. 105–336, § 107(h), added subsec. (r).
Subsec. (s). Pub. L. 105–336, § 107(i), added subsec. (s).
Subsec. (t). Pub. L. 105–336, § 107(j)(1), added subsec. (t).
1996—Subsec. (a). Pub. L. 104–193, § 708(a), substituted “initiate and maintain nonprofit food service programs” for “initiate, maintain, and expand nonprofit food service programs” in first sentence.
Subsec. (a)(2)(D). Pub. L. 104–193, § 708(b), added subpar. (D).
Subsec. (c)(1) to (3). Pub. L. 104–193, § 708(e)(4), inserted “except as provided in subsection (f)(3) of this section,” after “For purposes of this section,”.
Subsec. (d)(1). Pub. L. 104–193, § 708(c), struck out “, and shall provide technical assistance, if necessary, to the institution for the purpose of completing its application” before period at end.
Subsec. (f)(2)(B). Pub. L. 104–193, § 708(d), substituted “2 meals and 1 supplement” for “two meals and two supplements or three meals and one supplement”.
Subsec. (f)(3). Pub. L. 104–193, § 708(e)(1), inserted heading.
Subsec. (f)(3)(A). Pub. L. 104–193, § 708(e)(1), added heading and text of subpar. (A) and struck out former subpar. (A) which read as follows: “Institutions that participate in the program under this section as family or group day care home sponsoring organizations shall be provided, for payment to such homes, a reimbursement factor set by the Secretary for the cost of obtaining and preparing food and prescribed labor costs, involved in providing meals under this section, without a requirement for documentation of such costs, except that reimbursement shall not be provided under this subparagraph for meals or supplements served to the children of a person acting as a family or group day care home provider unless such children meet the eligibility standards for free or reduced price meals under section 1758 of this title. The reimbursement factor in effect as of
Subsec. (f)(3)(B). Pub. L. 104–193, § 708(f)(1)(A), struck out at end “The maximum allowable levels for administrative expense payments, as in effect as of
Subsec. (f)(3)(C)(ii). Pub. L. 104–193, § 708(f)(1)(B), substituted “assist unlicensed family or group day care homes in becoming” for “conduct outreach and recruitment to unlicensed family or group day care homes so that the day care homes may become”.
Subsec. (f)(3)(D). Pub. L. 104–193, § 708(e)(2), added subpar. (D).
Subsec. (f)(3)(E). Pub. L. 104–193, § 708(e)(3), added subpar. (E).
Subsec. (f)(4). Pub. L. 104–193, § 708(f)(2), substituted “State may provide” for “State shall provide” in first sentence.
Subsec. (g)(1)(A). Pub. L. 104–193, § 708(g)(1), struck out at end “Such meals shall be served free to needy children.”
Subsec. (g)(1)(B). Pub. L. 104–193, § 708(g)(2), struck out at end “The Secretary shall provide additional technical assistance to those institutions and family or group day care home sponsoring organizations that are having difficulty maintaining compliance with the requirements.”
Subsec. (k). Pub. L. 104–193, § 708(h), added heading and text of subsec. (k) and struck out former subsec. (k) consisting of pars. (1) to (3) which related to training and technical assistance, monitoring, research, and demonstration projects.
Subsec. (m). Pub. L. 104–193, § 708(i), substituted “available at any reasonable time” for “available at all times”.
Subsec. (q). Pub. L. 104–193, § 708(j), struck out subsec. (q) which related to provision of information concerning special supplemental nutrition program for women, infants, and children.
1994—Subsec. (c)(5). Pub. L. 103–448, § 109(b), added par. (5).
Subsec. (c)(6). Pub. L. 103–448, § 116(a), added par. (6).
Subsec. (d)(2)(A). Pub. L. 103–448, § 116(b), substituted “3-year intervals” for “2-year intervals”.
Subsec. (f)(3)(C). Pub. L. 103–448, § 116(c), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (g)(1). Pub. L. 103–448, § 105(c), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (k)(4). Pub. L. 103–448, § 116(d), added par. (4).
Subsec. (p). Pub. L. 103–448, § 116(e), substituted “25 percent of the children enrolled in the organization or 25 percent of the licensed capacity of the organization for children, whichever is less,” for “25 percent of the children served by such organization” in par. (1)(A), “1998” for “1992” in par. (4)(B), and “1998” for “1994” in par. (5).
Subsec. (q). Pub. L. 103–448, § 116(f), added subsec. (q).
1993—Subsec. (o)(3)(A). Pub. L. 103–171 substituted “Assistant Secretary for Aging” for “Commissioner of Aging”.
1992—Subsec. (a). Pub. L. 102–342, § 202, substituted “of its enrolled children or 25 percent of its licensed capacity, whichever is less” for “of the children for which the organization provides such nonresidential day care services”.
Subsec. (o)(2)(A)(i). Pub. L. 102–375 inserted “, or a group living arrangement,” after “homes”.
Subsec. (p)(5). Pub. L. 102–342, § 203, added par. (5).
1989—Pub. L. 101–147, § 105(a), substituted “Child and adult care food program” for “Child care food program” in section catchline.
Subsec. (a). Pub. L. 101–147, § 310(a)(1), substituted “children with handicaps” for “handicapped children” wherever appearing.
Subsec. (c). Pub. L. 101–147, § 312(2), substituted “reduced price” for “reduced-price” wherever appearing.
Subsec. (d). Pub. L. 101–147, § 204(a), designated existing provisions as par. (1), redesignated cls. (1) and (2) as (A) and (B), respectively, and added par. (2).
Subsec. (d)(1). Pub. L. 101–147, § 310(a)(2), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Subsec. (e). Pub. L. 101–147, § 310(b), amended subsec. (e), as identically amended by Pub. L. 99–500 and 99–591, § 361, and Pub. L. 99–661, § 4401, 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.
Subsec. (f)(1). Pub. L. 101–147, § 310(a)(3)(A), substituted “day care” for “day-care”.
Subsec. (f)(2)(B). Pub. L. 101–147, § 310(a)(3)(B), struck out second period at end.
Subsec. (f)(3)(A). Pub. L. 101–147, § 312(2), substituted “reduced price” for “reduced-price”.
Subsec. (f)(3)(C). Pub. L. 101–147, § 105(b)(1), inserted before period at end of first sentence “and expansion funds to finance the administrative expenses for such institutions to expand into low-income or rural areas”, inserted “and expansion funds” after “start-up funds” in second, fourth, and fifth sentences and after “Start-up funds” in third sentence, and inserted after first sentence “Institutions that have received start-up funds may also apply at a later date for expansion funds.”
Subsec. (h)(1). Pub. L. 101–147, § 131(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary shall donate agricultural commodities produced in the United States for use in institutions participating in the child care food program under this section. The value of such commodities (or cash in lieu of commodities) donated to each State for each school year shall be, at a minimum, the amount obtained by multiplying the number of lunches and suppers served in participating institutions in that State during that school year by the rate for commodities or cash in lieu thereof established for that school year under section 1755(e) of this title. Any State receiving assistance under this section for institutions participating in the child care food program may, upon application to the Secretary, receive cash in lieu of some or all of the commodities to which it would otherwise be entitled under this subsection. In determining whether to request cash in lieu of commodities, the State shall base its decision on the preferences of individual participating institutions within the State, unless this proves impracticable due to the small number of institutions preferring donated commodities.”
Subsec. (k). Pub. L. 101–147, § 310(a)(4), redesignated subsec. (l) as (k) and struck out former subsec. (k) which related to study and report on maximum administrative payments reflecting costs of institutions.
Subsec. (l). Pub. L. 101–147, § 310(a)(4), redesignated subsec. (m) as (l). Former subsec. (l) redesignated (k).
Pub. L. 101–147, § 105(b)(2), designated existing provisions as par. (1) and added pars. (2) and (3).
Subsecs. (m), (n). Pub. L. 101–147, § 310(a)(4), redesignated subsecs. (n) and (o) as (m) and (n), respectively. Former subsec. (m) redesignated (l).
Subsec. (o). Pub. L. 101–147, § 312(2), substituted “reduced price” for “reduced-price” in par. (4).
Pub. L. 101–147, § 310(a)(4), redesignated subsec. (p) as (o). Former subsec. (o) redesignated (n).
Subsec. (p). Pub. L. 101–147, § 310(a)(4), redesignated subsec. (q) as (p). Former subsec. (p) redesignated (o).
Pub. L. 101–147, § 105(b)(3)(A), inserted at end of par. (1) “Lunches served by each such institution for which reimbursement is claimed under this section shall provide, on the average, approximately ⅓ of the daily recommended dietary allowance established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences. Such institutions shall make reasonable efforts to serve meals that meet the special dietary requirements of participants, including efforts to serve foods in forms palatable to participants.”
Pub. L. 101–147, § 105(b)(3)(B), added par. (6).
Subsec. (q). Pub. L. 101–147, § 310(a)(4), redesignated subsec. (q) as (p).
Pub. L. 101–147, § 105(b)(4), added subsec. (q).
1988—Subsec. (f)(2)(B). Pub. L. 100–435, § 211, inserted provisions relating to reimbursement to institutions maintaining a child care setting for eight or more hours per day.
Subsec. (h). Pub. L. 100–435, § 214, designated existing provisions as par. (1) and added par. (2).
Subsec. (p)(3)(A). Pub. L. 100–460, § 641(c), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The Secretary of Agriculture, in consultation with the Commissioner on Aging, may establish separate guidelines for reimbursement of institutions described in this subsection.”
Subsec. (p)(4). Pub. L. 100–460, § 641(a), added par. (4).
Subsec. (p)(5). Pub. L. 100–460, § 641(b), added par. (5).
1987—Subsec. (p). Pub. L. 100–175 added subsec. (p).
1986—Subsec. (a)(1). Pub. L. 99–500 and Pub. L. 99–591, § 372(a), and Pub. L. 99–661, § 4502(a), amended par. (1) identically, substituting “Health and Human Services” for “Health, Education, and Welfare”.
Subsec. (e). Pub. L. 99–500 and Pub. L. 99–591, § 361, and Pub. L. 99–661, § 4401, amended subsec. (e) identically, designating existing provisions as par. (1), substituting “Except as provided in paragraph (2), the” for “The”, and adding pars. (2) and (3).
1981—Subsec. (a). Pub. L. 97–35, § 810(a), inserted provisions respecting 25 percent requirement for children receiving nonresidential day care services, and reimbursement for meals and supplements.
Subsec. (b). Pub. L. 97–35, § 810(b), substituted provisions respecting applicability of subsec. (f), for provisions respecting applicability of subsec. (c).
Subsec. (c). Pub. L. 97–35, § 810(c), substituted provisions respecting applicability, determinations, etc., for national average payment rates for free lunches and suppers, etc., for provisions respecting formula for computation of payments, and applicability of national average payment rates.
Subsec. (f)(1). Pub. L. 97–35, § 819(k), struck out authorization respecting financing the cost of meals.
Subsec. (f)(2) to (5). Pub. L. 97–35, § 810(d), in par. (2) substituted provisions setting forth formula for disbursements for meals for provisions setting forth maximum per meal rates of reimbursements, struck out par. (3) which related to election rights of institutions other than family or group day care home sponsoring organizations, redesignated par. (4) as (3) and, as so redesignated, substantially revised and restructured provisions, and redesignated par. (5) as (4).
Subsec. (g). Pub. L. 97–35, § 810(e), struck out par. (2) which related to prohibitions respecting meals served by institutions, and redesignated pars. (3) and (4) as (2) and (3), respectively.
Subsec. (i). Pub. L. 97–35, §§ 810(f), 817(c)(2), struck out subsec. (i) which related to information required from State plans. Former subsec. (j) redesignated (i).
Subsecs. (j) to (l). Pub. L. 97–35, §§ 810(g), 817(c)(2), redesignated subsecs. (k), (l), and (o) as (j), (k), and (l), respectively, and in subsec. (l), as so redesignated, struck out provision respecting availability of funds from food service equipment program. Former subsecs. (j) to (l) redesignated (i) to (k), respectively.
Subsec. (m). Pub. L. 97–35, § 817(c), struck out subsec. (m) which related to withholding of funds. Subsec. (p) redesignated (m).
Subsec. (n). Pub. L. 97–35, §§ 810(f), 817(c)(2), struck out subsec. (n) which related to appropriations, etc., for equipment assistance. Subsec. (q) redesignated (n).
Subsecs. (o) to (r). Pub. L. 97–35, § 817(c)(2), redesignated subsecs. (o) to (r) as (l) to (o), respectively.
1980—Subsec. (a). Pub. L. 96–499, § 207(a), included in definition of “institution” any private organization providing nonresidential day care services for which compensation was received from amounts granted to the States under title XX of the Social Security Act.
Subsec. (c). Pub. L. 96–499, § 208(b), inserted provision in pars. (1), (2), and (3) that the average payment rates for supplements served in such institutions was to be three cents lower than the adjusted rates prescribed by the Secretary in accordance with the adjustment formulas contained in such pars. (1), (2), and (3).
Subsec. (n)(1). Pub. L. 96–499, § 208(c), substituted “$4,000,000” for “$6,000,000”.
1978—Subsec. (a). Pub. L. 95–627 excepted family or group day care homes from licensing requirements, set out guidelines for institutions providing care for children outside of school hours, and set out criteria for determining eligibility under this section.
Subsec. (b). Pub. L. 95–627 substituted provisions limiting the aggregate amount of cash assistance to a State under this section for provisions setting out a formula for computation of payments under this section and adjustments to such payments. See subsec. (c) of this section.
Subsec. (c). Pub. L. 95–627 substituted provisions relating to the formula for the computation of payments under this section and the prescription of a national average payment rate for provisions relating to the maintenance of national nutritional standards and the prohibition of discrimination and identification of children unable to pay under the program.
Subsec. (d). Pub. L. 95–627 substituted provisions stating requirements for approval for participation in the program and requiring written notification of such approval or disapproval for provisions relating to State disbursements to participating institutions.
Subsec. (e). Pub. L. 95–627 substituted provisions relating to fair hearings for provisions relating to donations of agricultural commodities and cash in lieu of commodities. See subsec. (h) of this section.
Subsec. (f). Pub. L. 95–627 substituted provisions relating to disbursements to participating institutions by the State for provisions calling for direct disbursements to participating institutions by the Secretary and prescribing conditions therefor.
Subsec. (g). Pub. L. 95–627 substituted provisions relating to meals served at participating institutions and the necessary nutritional content thereof for provisions prohibiting the diminution of expenditures by State and local sources by reason of the availability of Federal funds.
Subsec. (h). Pub. L. 95–627 substituted provisions relating to donations of agricultural land commodities and cash in lieu of commodities for provisions authorizing appropriations to meet the administrative expenditures of the Secretary.
Subsec. (i). Pub. L. 95–627 substituted provisions relating to information required from State plans for provisions requiring adequate accounts and general record-keeping by States, State educational agencies, and participating institutions.
Subsec. (j). Pub. L. 95–627 substituted provisions relating to the availability of Federal funds to the States for audits of participating institutions for provisions relating to food service equipment assistance and the apportionment of unused funds.
Subsec. (k). Pub. L. 95–627 substituted provisions relating to the use of a standard form of agreement and the issuance of regulations pertaining to such use for provisions relating to the issuance of rules and regulations to carry out this section by the Secretary.
Subsecs. (l) to (r). Pub. L. 95–627 added subsecs. (l) to (r).
1977—Subsec. (e). Pub. L. 95–166, § 19(d), substituted in last sentence “school year” for “fiscal year” in three instances.
Subsec. (j)(1). Pub. L. 95–166, § 3, substituted “food service equipment assistance” for “nonfood assistance”.
Effective Date Of Amendment
Amendment by Pub. L. 111–296 effective
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Amendment by section 4002(b)(1)(B), (2)(Z) of Pub. L. 110–246 effective
Amendment by section 119(a), (b), (d)–(f), (h) of Pub. L. 108–265 effective
Pub. L. 106–224, title II, § 243(b)(4)(B),
Pub. L. 106–224, title II, § 243(g)(2),
Amendment by section 107(j)(1), (2)(B) of Pub. L. 105–336 effective
Amendment by sections 101(b) and 107(a)–(i), (j)(3)(C) of Pub. L. 105–336 effective
Pub. L. 104–193, title VII, § 708(k)(1), (2),
Amendment by sections 105(c) and 116 of Pub. L. 103–448 effective
Amendment by section 109(b) of Pub. L. 103–448 effective
Pub. L. 102–375, title VIII, § 811(b),
Amendment by section 131(b) of Pub. L. 101–147 effective
Amendment by section 211 of Pub. L. 100–435 to be effective and implemented on
Amendment by Pub. L. 100–175 effective
Amendment by sections 810(a), (f), (g), 817(c), and 819(k) of Pub. L. 97–35 effective
Pub. L. 96–499, title II, § 207(b),
Amendment by Pub. L. 95–627 effective
Pub. L. 95–166, § 19,
Miscellaneous
Pub. L. 101–147, title I, § 105(d),
Pub. L. 104–193, title VII, § 708(k)(3),
Pub. L. 101–147, title II, § 204(b),
Pub. L. 111–296, title II, § 222,
Pub. L. 111–296, title III, § 336,
Pub. L. 109–97, title VII, § 769,
Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–447, div. A, title VII, § 796,
Pub. L. 108–265, title I, § 119(i),
Pub. L. 108–265, title I, § 119(j),
Pub. L. 104–193, title VII, § 708(l),
Pub. L. 100–435, title V, § 503,
Pub. L. 99–500, title III, § 330(b),
Pub. L. 96–499, title II, § 208(a),