§1760. Miscellaneous provisions
(a) Accounts and records
States, State educational agencies, and schools participating in the school lunch program under this chapter shall keep such accounts and records as may be necessary to enable the Secretary to determine whether the provisions of this chapter are being complied with. Such accounts and records shall be available at any reasonable time for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of five years, as the Secretary determines is necessary.
(b) Agreements with State educational agencies
The Secretary shall incorporate, in the Secretary's agreements with the State educational agencies, the express requirements under this chapter with respect to the operation of the school lunch program under this chapter insofar as they may be applicable and such other provisions as in the Secretary's opinion are reasonably necessary or appropriate to effectuate the purposes of this chapter.
(c) Requirements with respect to teaching personnel, curriculum, instruction, etc.
In carrying out the provisions of this chapter, the Secretary shall not impose any requirement with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction in any school.
(d) Definitions
For the purposes of this chapter-
(1)
(A)
(i) is determined by a State educational agency, in accordance with regulations prescribed by the Secretary, to have one or more disabilities; and
(ii) is attending any institution, as defined in section 1766(a) of this title, or any nonresidential public or nonprofit private school of high school grade or under, for the purpose of participating in a school program established for individuals with disabilities.
(B)
(2) "Commodity only schools" means schools that do not participate in the school lunch program under this chapter, but which receive commodities made available by the Secretary for use by such schools in nonprofit lunch programs.
(3) "School" means (A) any public or nonprofit private school of high school grade or under, and (B) any public or licensed nonprofit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded, but excluding Job Corps Centers funded by the Department of Labor). For purposes of this paragraph, the term "nonprofit", when applied to any such private school or institution, means any such school or institution which is exempt from tax under section 501(c)(3) of title 26.
(4) "School year" means the annual period from July 1 through June 30.
(5) "Secretary" means the Secretary of Agriculture.
(6) "State" means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.
(7) "State educational agency" means, as the State legislature may determine, (A) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (B) a board of education controlling the State department of education.
(8)
(e) Value of assistance as income or resources under Federal or State laws
The value of assistance to children under this chapter shall not be considered to be income or resources for any purposes under any Federal or State laws, including laws relating to taxation and welfare and public assistance programs.
(f) Adjustment of national average payment rate for Alaska, Hawaii, territories and possessions, etc.
In providing assistance for breakfasts, lunches, suppers, and supplements served in Alaska, Hawaii, Guam, American Samoa, Puerto Rico, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands, the Secretary may establish appropriate adjustments for each such State to the national average payment rates prescribed under sections 1753, 1759a, 1761, and 1766 of this title and section 4 of the Child Nutrition Act of 1966 [42 U.S.C. 1773], to reflect the differences between the costs of providing meals and supplements in those States and the costs of providing meals and supplements in all other States.
(g) Criminal penalties
Whoever embezzles, willfully misapplies, steals, or obtains by fraud any funds, assets, or property that are the subject of a grant or other form of assistance under this chapter or the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], whether received directly or indirectly from the United States Department of Agriculture, or whoever receives, conceals, or retains such funds, assets, or property to personal use or gain, knowing such funds, assets, or property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall, if such funds, assets, or property are of the value of $100 or more, be fined not more than $25,000 or imprisoned not more than five years, or both, or, if such funds, assets, or property are of a value of less than $100, shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
(h) Combined allocation for breakfast and lunch
No provision of this chapter or of the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] shall require any school receiving funds under this chapter and the Child Nutrition Act of 1966 to account separately for the cost incurred in the school lunch and school breakfast programs.
(i) Use of school lunch facilities for elderly programs
Facilities, equipment, and personnel provided to a school food authority for a program authorized under this chapter or the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] may be used, as determined by a local educational agency, to support a nonprofit nutrition program for the elderly, including a program funded under the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.].
(j) Reimbursement for final claims
(1) Except as provided in paragraph (2), the Secretary may provide reimbursements for final claims for service of meals, supplements, and milk submitted to State agencies by eligible schools, summer camps, family day care homes, institutions, and service institutions only if-
(A) the claims have been submitted to the State agencies not later than 60 days after the last day of the month for which the reimbursement is claimed; and
(B) the final program operations report for the month is submitted to the Secretary not later than 90 days after the last day of the month.
(2) The Secretary may waive the requirements of paragraph (1) at the discretion of the Secretary.
(k) Expedited rulemaking
(1) Not later than June 1, 1995, the Secretary shall issue final regulations to conform the nutritional requirements of the school lunch and breakfast programs with the guidelines contained in the most recent "Dietary Guidelines for Americans" that is published under section 5341 of title 7. The final regulations shall include-
(A) rules permitting the use of food-based menu systems; and
(B) adjustments to the rule on nutrition objectives for school meals published in the Federal Register on June 10, 1994 (59 Fed. Reg. 30218).
(2) No school food service authority shall be required to implement final regulations issued pursuant to this subsection until the regulations have been final for at least 1 year.
(l) Waiver of statutory and regulatory requirements
(1)(A) Except as provided in paragraph (4), the Secretary may waive any requirement under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or any regulation issued under either this chapter or such Act, for a State or eligible service provider that requests a waiver if-
(i) the Secretary determines that the waiver of the requirement would facilitate the ability of the State or eligible service provider to carry out the purpose of the program;
(ii) the State or eligible service provider has provided notice and information to the public regarding the proposed waiver; and
(iii) the State or eligible service provider demonstrates to the satisfaction of the Secretary that the waiver will not increase the overall cost of the program to the Federal Government, and, if the waiver does increase the overall cost to the Federal Government, the cost will be paid from non-Federal funds.
(B) The notice and information referred to in subparagraph (A)(ii) shall be provided in the same manner in which the State or eligible service provider customarily provides similar notices and information to the public.
(2)(A) To request a waiver under paragraph (1), a State or eligible service provider (through the appropriate administering State agency) shall submit an application to the Secretary that-
(i) identifies the statutory or regulatory requirements that are requested to be waived;
(ii) in the case of a State requesting a waiver, describes actions, if any, that the State has undertaken to remove State statutory or regulatory barriers;
(iii) describes the goal of the waiver to improve services under the program and the expected outcomes if the waiver is granted; and
(iv) includes a description of the impediments to the efficient operation and administration of the program.
(B) An application described in subparagraph (A) shall be developed by the State or eligible service provider and shall be submitted to the Secretary by the State.
(3) The Secretary shall act promptly on a waiver request contained in an application submitted under paragraph (2) and shall either grant or deny the request. The Secretary shall state in writing the reasons for granting or denying the request.
(4) The Secretary may not grant a waiver under this subsection that increases Federal costs or that relates to-
(A) the nutritional content of meals served;
(B) Federal reimbursement rates;
(C) the provision of free and reduced price meals;
(D) limits on the price charged for a reduced price meal;
(E) maintenance of effort;
(F) equitable participation of children in private schools;
(G) distribution of funds to State and local school food service authorities and service institutions participating in a program under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(H) the disclosure of information relating to students receiving free or reduced price meals and other recipients of benefits;
(I) prohibiting the operation of a profit producing program;
(J) the sale of competitive foods;
(K) the commodity distribution program under section 1762a of this title;
(L) the special supplemental nutrition program authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); or
(M) enforcement of any constitutional or statutory right of an individual, including any right under-
(i) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);
(ii) section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
(iii) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);
(iv) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);
(v) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
(vi) the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(5) The Secretary shall periodically review the performance of any State or eligible service provider for which the Secretary has granted a waiver under this subsection and shall terminate the waiver if the performance of the State or service provider has been inadequate to justify a continuation of the waiver. The Secretary shall terminate the waiver if, after periodic review, the Secretary determines that the waiver has resulted in an increase in the overall cost of the program to the Federal Government and the increase has not been paid for in accordance with paragraph (1)(A)(iii).
(6) The Secretary shall annually submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report-
(A) summarizing the use of waivers by the State and eligible service providers;
(B) describing whether the waivers resulted in improved services to children;
(C) describing the impact of the waivers on providing nutritional meals to participants; and
(D) describing how the waivers reduced the quantity of paperwork necessary to administer the program.
(7) As used in this subsection, the term "eligible service provider" means-
(A) a local school food service authority;
(B) a service institution or private nonprofit organization described in section 1761 of this title; or
(C) a family or group day care home sponsoring organization described in section 1766 of this title.
(m) Food and nutrition projects
(1) The Secretary, acting through the Administrator of the Food and Nutrition Service or through the Extension Service, shall award on an annual basis grants to a private nonprofit organization or educational institution in each of 3 States to create, operate, and demonstrate food and nutrition projects that are fully integrated with elementary school curricula.
(2) Each organization or institution referred to in paragraph (1) shall be selected by the Secretary and shall-
(A) assist local schools and educators in offering food and nutrition education that integrates math, science, and verbal skills in the elementary grades;
(B) assist local schools and educators in teaching agricultural practices through practical applications, like gardening;
(C) create community service learning opportunities or educational programs;
(D) be experienced in assisting in the creation of curriculum-based models in elementary schools;
(E) be sponsored by an organization or institution, or be an organization or institution, that provides information, or conducts other educational efforts, concerning the success and productivity of American agriculture and the importance of the free enterprise system to the quality of life in the United States; and
(F) be able to provide model curricula, examples, advice, and guidance to schools, community groups, States, and local organizations regarding means of carrying out similar projects.
(3) Subject to the availability of appropriations to carry out this subsection, the Secretary shall make grants to each of the 3 private organizations or institutions selected under this subsection in amounts of not less than $100,000, nor more than $200,000, for each of fiscal years 1995 through 2003.
(4) The Secretary shall establish fair and reasonable auditing procedures regarding the expenditure of funds under this subsection.
(5) There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 1995 through 2003.
(n) Buy American
(1) Definition of domestic commodity or product
In this subsection, the term "domestic commodity or product" means-
(A) an agricultural commodity that is produced in the United States; and
(B) a food product that is processed in the United States substantially using agricultural commodities that are produced in the United States.
(2) Requirement
(A) In general
Subject to subparagraph (B), the Secretary shall require that a school food authority purchase, to the maximum extent practicable, domestic commodities or products.
(B) Limitations
Subparagraph (A) shall apply only to-
(i) a school food authority located in the contiguous United States; and
(ii) a purchase of a domestic commodity or product for 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).
(3) Applicability to Hawaii
Paragraph (2)(A) shall apply to a school food authority in Hawaii with respect to domestic commodities or products that are produced in Hawaii in sufficient quantities to meet the needs of meals provided under 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).
(o) Procurement contracts
In acquiring a good or service for programs under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42 U.S.C. 1786)), a State, State agency, school, or school food authority may enter into a contract with a person that has provided specification information to the State, State agency, school, or school food authority for use in developing contract specifications for acquiring such good or service.
(June 4, 1946, ch. 281, §12, formerly §11,
References in Text
The Rehabilitation Act of 1973, referred to in subsec. (d)(8), is
The Child Nutrition Act of 1966, referred to in subsecs. (g) to (i), (l)(1)(A), (4)(G), and (o), is
The Older Americans Act of 1965, referred to in subsec. (i), is
The Civil Rights Act of 1964, referred to in subsec. (l)(4)(M)(i), is
The Education Amendments of 1972, referred to in subsec. (l)(4)(M)(iii), is
The Age Discrimination Act of 1975, referred to in subsec. (l)(4)(M)(iv), is title III of
The Americans with Disabilities Act of 1990, referred to in subsec. (l)(4)(M)(v), is
The Individuals with Disabilities Education Act, referred to in subsec. (l)(4)(M)(vi), is title VI of
Codification
Amendments
1998-Subsec. (d)(1)(A)(i), (ii).
Subsec. (d)(8).
Subsec. (f).
Subsec. (g).
Subsec. (m)(3), (5).
Subsec. (n).
Subsec. (o).
1996-Subsec. (a).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (d)(5).
Subsec. (d)(6), (7).
Subsec. (d)(8).
Subsec. (d)(9).
Subsec. (f).
Subsec. (k)(1).
Subsec. (k)(2).
"(A) representatives of affected parties, such as Federal, State, and local administrators, school food service administrators, other school food service personnel, parents, and teachers; and
"(B) organizations representing affected parties, such as public interest antihunger organizations, doctors specializing in pediatric nutrition, health and consumer groups, commodity groups, food manufacturers and vendors, and nutritionists involved with the implementation and operation of programs under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
to discuss and obtain public comments on the proposed rule."
Subsec. (k)(3), (4).
Subsec. (k)(5).
Subsec. (l)(2)(A)(iii) to (vii).
"(v) describes the management goals to be achieved, such as fewer hours devoted to, or fewer number of personnel involved in, the administration of the program;
"(vi) provides a timetable for implementing the waiver; and
"(vii) describes the process the State or eligible service provider will use to monitor the progress in implementing the waiver, including the process for monitoring the cost implications of the waiver to the Federal Government."
Subsec. (l)(3).
"(B) If the Secretary grants a waiver request, the Secretary shall state in writing the expected outcome of granting the waiver.
"(C) The result of the decision of the Secretary shall be disseminated by the State or eligible service provider through normal means of communication.
"(D)(i) Except as provided in clause (ii), a waiver granted by the Secretary under this subsection shall be for a period not to exceed 3 years.
"(ii) The Secretary may extend the period if the Secretary determines that the waiver has been effective in enabling the State or eligible service provider to carry out the purposes of the program."
Subsec. (l)(4).
Subsec. (l)(4)(D) to (K).
Subsec. (l)(4)(L).
Subsec. (l)(4)(M), (N).
Subsec. (l)(6).
"(A)(i) An eligible service provider that receives a waiver under this subsection shall annually submit to the State a report that-
"(I) describes the use of the waiver by the eligible service provider; and
"(II) evaluates how the waiver contributed to improved services to children served by the program for which the waiver was requested.
"(ii) The State shall annually submit to the Secretary a report that summarizes all reports received by the State from eligible service providers."
1994-Subsec. (d)(5).
Subsecs. (j) to (m).
1989-Subsec. (a).
Subsec. (b).
Subsec. (d)(5).
Subsec. (d)(8).
Subsec. (g).
Subsec. (i).
1987-Subsec. (d)(5).
1986-Subsec. (d)(5).
Subsec. (d)(5)(A).
Subsec. (d)(8).
Subsec. (i).
1981-Subsec. (d).
Subsec. (h).
1980-Subsec. (d)(6).
1978-Subsec. (d)(7).
Subsecs. (f), (g).
Subsec. (h).
1977-Subsec. (d)(3).
Subsec. (d)(7).
1975-Subsec. (d)(1).
Subsec. (d)(3) to (7).
Subsec. (e).
1970-Subsec. (d)(5).
1962-Subsec. (c).
Subsec. (d).
1952-Subsec. (d)(1). Act July 12, 1952, included Guam within definition of State.
Change of Name
Committee on Education and Labor of House of Representatives treated as referring to Committee on Economic and Educational Opportunities of House of Representatives by section 1(a) of
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 112(a)(2) of
Amendment by sections 112(b)–(d) and 113 of
Effective Date of 1987 Amendment
Section 101(c) of
Effective Date of 1986 Amendments
Section 4205(c) of
"(1) The amendments made by subsections (a)(1) and (b)(1) [amending sections 1760 and 1784 of this title] shall apply for the fiscal year beginning on October 1, 1986, and each school year thereafter.
"(2) The amendments made by subsections (a)(2) and (b)(2) [amending sections 1760 and 1784 of this title] shall apply for the school year beginning on July 1, 1988, and each school year thereafter."
Section 325(c) of
Effective Date of 1981 Amendment
Amendment by sections 808 and 819 of
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1977 Amendment
Section 19 of
Effective Date of 1962 Amendment
Amendment by
Effective Date of 1952 Amendment
Amendment by act July 12, 1952, effective only with respect to funds appropriated after July 12, 1952, see section 1(d) of act July 12, 1952, set out as a note under section 1753 of this title.
Study of Cost Accounting Requirements
Section 21 of
Section Referred to in Other Sections
This section is referred to in sections 1766, 1766a, 1786 of this title.