42 U.S.C. § 1760 : US Code - Section 1760: Miscellaneous provisions

Search 42 U.S.C. § 1760 : US Code - Section 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) Child. -
(A) In general. - The term "child" includes an individual,
regardless of age, who -
(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) Relationship to child and adult care food program. - No
institution that is not otherwise eligible to participate in
the program under section 1766 of this title shall be
considered eligible because of this paragraph.
(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) Disability. - The term "disability" has the meaning given
the term in the Rehabilitation Act of 1973 for purposes of title
II of that Act (29 U.S.C 760 et seq.).
(4) Local educational agency. -
(A) In general. - The term "local educational agency" has the
meaning given the term in section 7801 of title 20.
(B) Inclusion. - The term "local educational agency"
includes, in the case of a private nonprofit school, an
appropriate entity determined by the Secretary.
(5) "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.
(6) "School year" means the annual period from July 1 through
June 30.
(7) "Secretary" means the Secretary of Agriculture.
(8) "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.
(9) "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.
(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) Procurement training
(1) In general
Subject to the availability of funds made available under
paragraph (4), the Secretary shall provide technical assistance
and training to States, State agencies, schools, and school food
authorities in the procurement of goods and services 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)).
(2) Buy American training
Activities carried out under paragraph (1) shall include
technical assistance and training to ensure compliance with
subsection (n) of this section.
(3) Procuring safe foods
Activities carried out under paragraph (1) shall include
technical assistance and training on procuring safe foods,
including the use of model specifications for procuring safe
foods.
(4) Authorization of appropriations
There is authorized to be appropriated to carry out this
subsection $1,000,000 for each of fiscal years 2005 through 2009,
to remain available until expended.
(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).
(4) Applicability to Puerto Rico
Paragraph (2)(A) shall apply to a school food authority in the
Commonwealth of Puerto Rico with respect to domestic commodities
or products that are produced in the Commonwealth of Puerto Rico
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.