Amendments
2022—Subsec. (b). Pub. L. 117–328, § 502(a)(1), inserted “and Indian Tribal organizations” after “State agencies” in pars. (1) and (2)(A).
Subsec. (b)(2)(B). Pub. L. 117–328, § 502(a)(2), inserted “and Indian Tribal organization” before “budget” in introductory provisions.
2015—Subsec. (d)(4)(A). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.
2010—Subsec. (b). Pub. L. 111–296, § 361, added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “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.”
Subsec. (k). Pub. L. 111–296, § 441(a)(4), struck out subsec. (k) which related to expedited rulemaking.
Subsec. (m)(4). Pub. L. 111–296, § 403, substituted “2010 through 2015” for “2005 through 2009”.
Subsec. (p). Pub. L. 111–296, § 205, added subsec. (p).
Subsec. (q). Pub. L. 111–296, § 206, added subsec. (q).
Subsec. (r). Pub. L. 111–296, § 362, added subsec. (r).
2004—Subsec. (d)(3) to (9). Pub. L. 108–265, § 108(b), redesignated par. (8) as (3), added par. (4), and redesignated former pars. (3) to (7) as (5) to (9), respectively.
Subsec. (m). Pub. L. 108–265, § 115, added subsec. (m).
Pub. L. 108–265, § 114, struck out subsec. (m), which related to grants for food and nutrition projects for each of fiscal years 1995 through 2003.
Subsec. (p). Pub. L. 108–265, § 203(i)(2), struck out subsec. (p), which authorized grants for carrying out the demonstration project under section 1786(r) of this title and directed the Secretary to conduct an evaluation of such project and grant program.
2002—Subsec. (n)(4). Pub. L. 107–171 added par. (4).
2000—Subsec. (p). Pub. L. 106–224 added subsec. (p).
1998—Subsec. (d)(1)(A)(i), (ii). Pub. L. 105–336, § 107(j)(3)(A)(i), struck out “mental or physical” before “disabilities”.
Subsec. (d)(8). Pub. L. 105–336, § 107(j)(3)(A)(ii), added par. (8).
Subsec. (f). Pub. L. 105–336, § 104(a), substituted “breakfasts, lunches, suppers, and supplements” for “school breakfasts and lunches”, substituted “sections 1753, 1759a, 1761, and 1766” for “sections 1753 and 1759a”, and substituted “meals and supplements” for “lunches and breakfasts” in two places.
Subsec. (g). Pub. L. 105–336, § 104(b), substituted “$25,000” for “$10,000”.
Subsec. (m)(3), (5). Pub. L. 105–336, § 104(c), substituted “2003” for “1998”.
Subsec. (n). Pub. L. 105–336, § 104(d), added subsec. (n).
Subsec. (o). Pub. L. 105–336, § 104(e), added subsec. (o).
1996—Subsec. (a). Pub. L. 104–193, § 705(a), substituted “be available at any reasonable time” for “at all times be available”.
Subsec. (c). Pub. L. 104–193, § 705(b), substituted “the Secretary shall not” for “neither the Secretary nor the State shall”.
Subsec. (d)(1). Pub. L. 104–193, § 705(c)(3), redesignated par. (9) as (1). Former par. (1) redesignated (6).
Pub. L. 104–193, § 705(c)(1), substituted “the Commonwealth of the Northern Mariana Islands” for “the Trust Territory of the Pacific Islands”.
Subsec. (d)(2). Pub. L. 104–193, § 705(c)(3), redesignated par. (7) as (2). Former par. (2) redesignated (7).
Subsec. (d)(3). Pub. L. 104–193, § 705(c)(2), (3), redesignated par. (5) as (3) and struck out former par. (3) which read as follows: “ ‘Participation rate’ for a State means a number equal to the number of lunches, consisting of a combination of foods and meeting the minimum requirements prescribed by the Secretary pursuant to section 1758 of this title, served in the fiscal year beginning two years immediately prior to the fiscal year for which the Federal funds are appropriated by schools participating in the program under this chapter in the State, as determined by the Secretary.”
Subsec. (d)(4). Pub. L. 104–193, § 705(c)(2), (3), redesignated par. (6) as (4) and struck out former par. (4) which read as follows: “ ‘Assistance need rate’ (A) in the case of any State having an average annual per capita income equal to or greater than the average annual per capita income for all the States, shall be 5; and (B) in the case of any State having an average annual per capita income less than the average annual per capita income for all the States, shall be the product of 5 and the quotient obtained by dividing the average annual per capita income for all the States by the average annual per capita income for such State, except that such product may not exceed 9 for any such State. For the purposes of this paragraph (i) the average annual per capita income for any State and for all the States shall be determined by the Secretary on the basis of the average annual per capita income for each State and for all the States for the three most recent years for which such data are available and certified to the Secretary by the Department of Commerce; and (ii) the average annual per capita income for American Samoa shall be disregarded in determining the average annual per capita income for all the States for periods ending before July 1, 1967.”
Subsec. (d)(5). Pub. L. 104–193, § 705(c)(3), redesignated par. (8) as (5). Former par. (5) redesignated (3).
Subsec. (d)(6), (7). Pub. L. 104–193, § 705(c)(3), redesignated pars. (1) and (2) as (6) and (7), respectively. Former pars. (6) and (7) redesignated (4) and (2), respectively.
Subsec. (d)(8). Pub. L. 104–193, § 705(c)(3), redesignated par. (8) as (5).
Subsec. (d)(9). Pub. L. 104–193, § 705(c)(3), redesignated par. (9) as (1).
Pub. L. 104–193, § 701(b), added par. (9).
Subsec. (f). Pub. L. 104–193, § 705(d), struck out “the Trust Territory of the Pacific Islands,” after “the Virgin Islands of the United States,”.
Subsec. (k)(1). Pub. L. 104–193, § 705(e)(3), substituted “with the guidelines contained in the most recent ‘Dietary Guidelines for Americans’ that is published under section 5341 of title 7” for “with the Guidelines” in introductory provisions.
Pub. L. 104–193, § 705(e)(1), (2), redesignated par. (3) as (1) and struck out former par. (1) which read as follows: “Prior to the publication of final regulations that implement changes that are intended to bring the meal pattern requirements of the school lunch and breakfast programs into conformance with the guidelines contained in the most recent ‘Dietary Guidelines for Americans’ that is published under section 5341 of title 7 (referred to in this subsection as the ‘Guidelines’), the Secretary shall issue proposed regulations permitting the use of food-based menu systems.”
Subsec. (k)(2). Pub. L. 104–193, § 705(e)(1), (2), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: “Notwithstanding chapter 5 of title 5, not later than 45 days after the publication of the proposed regulations permitting the use of food-based menu systems, the Secretary shall publish notice in the Federal Register of, and hold, a public meeting with—
“(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). Pub. L. 104–193, § 705(e)(2), redesignated pars. (3) and (4) as (1) and (2), respectively.
Subsec. (k)(5). Pub. L. 104–193, § 705(e)(1), struck out par. (5) which read as follows: “The final regulations shall reflect comments made at each phase of the proposed rulemaking process, including the public meeting required under paragraph (2).”
Subsec. (l)(2)(A)(iii) to (vii). Pub. L. 104–193, § 705(f)(1), struck out “and” at end of cl. (iii), substituted period for semicolon at end of cl. (iv), and struck out cls. (v) to (vii) which read as follows:
“(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). Pub. L. 104–193, § 705(f)(2), designated subpar. (A) as par. (3) and struck out subpars. (B) to (D) which read as follows:
“(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). Pub. L. 104–193, § 705(f)(3)(A), substituted “that increases Federal costs or that relates to” for “of any requirement relating to” in introductory provisions.
Subsec. (l)(4)(D) to (K). Pub. L. 104–193, § 705(f)(3)(B), (C), redesignated subpars. (E) to (L) as (D) to (K), respectively, and struck out former subpar. (D) which read as follows: “offer versus serve provisions;”.
Subsec. (l)(4)(L). Pub. L. 104–193, § 705(f)(3)(D), substituted “or” for “and” at end.
Pub. L. 104–193, § 705(f)(3)(C), redesignated subpar. (M) as (L). Former subpar. (L) redesignated (K).
Subsec. (l)(4)(M), (N). Pub. L. 104–193, § 705(f)(3)(C), redesignated subpar. (N) as (M). Former subpar. (M) redesignated (L).
Subsec. (l)(6). Pub. L. 104–193, § 705(f)(4), struck out subpar. (A) and designation of subpar. (B) and redesignated cls. (i) to (iv) of former subpar. (B) as subpars. (A) to (D). Prior to amendment, subpar. (A) read as follows:
“(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). Pub. L. 103–448, § 112(a)(1), in first sentence struck out cl. (C) which read as follows: “with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico” and in second sentence struck out “of clauses (A) and (B)” after “For purposes”.
Subsecs. (j) to (m). Pub. L. 103–448, §§ 112(b)–(d), 113, added subsecs. (j) to (m).
1989—Subsec. (a). Pub. L. 101–147, § 312(1), substituted “school lunch” for “school-lunch”.
Subsec. (b). Pub. L. 101–147, §§ 306(b)(1), 312(1), substituted “the Secretary’s” for “his” in two places and “school lunch” for “school-lunch”.
Subsec. (d)(5). Pub. L. 101–147, § 306(b)(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. (d)(8). Pub. L. 101–147, § 306(a)(1), amended par. (8), as amended identically by Pub. L. 99–500 and 99–591, § 373(a), and Pub. L. 99–661, § 4503(a), 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. (g). Pub. L. 101–147, § 306(b)(3), substituted “personal” for “his” before “use”.
Subsec. (i). Pub. L. 101–147, § 306(b)(4), struck out “(42 U.S.C. 1771 et seq.)” after “Child Nutrition Act of 1966” and “(42 U.S.C. 3001 et seq.)” after “Older Americans Act of 1965”.
Pub. L. 101–147, § 306(a)(2), amended subsec. (i), as amended identically by Pub. L. 99–500 and 99–591, § 326, and Pub. L. 99–661, § 4206, 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.
1987—Subsec. (d)(5). Pub. L. 100–71 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “ ‘School’ means (A) any public or nonprofit private school of high school grade or under, (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), and (C) with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico. For purposes of clauses (A) and (B) 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. On July 1, 1988, and each July 1 thereafter, the Secretary shall adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.”
1986—Subsec. (d)(5). Pub. L. 99–661, § 4205(a)(2), inserted “On July 1, 1988, and each July 1 thereafter, the Secretary shall adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.”
Subsec. (d)(5)(A). Pub. L. 99–500 and Pub. L. 99–591, § 325(a), which directed the amendment of subpar. (A) by striking out “except private schools whose average yearly tuition exceeds $1,500 per child,” after “grade or under,” was executed by striking out “except private schools whose average yearly tuition exceeds $2,000 per child,” after “grade or under,” to reflect the probable intent of Congress and the intervening amendment of subpar. (A) by Pub. L. 99–661, § 4205(a)(1). See below.
Pub. L. 99–661, § 4205(a)(1), substituted “$2,000” for “$1,500”.
Subsec. (d)(8). Pub. L. 99–500 and Pub. L. 99–591, § 373(a), and Pub. L. 99–661, § 4503(a), amended subsec. (d) identically, adding par. (8).
Subsec. (i). Pub. L. 99–500 and Pub. L. 99–591, § 326, and Pub. L. 99–661, § 4206, amended section identically, adding subsec. (i).
1981—Subsec. (d). Pub. L. 97–35, § 819(c)(1), struck out par. (3) which defined “food service equipment assistance”, and redesignated pars. (4) to (8) as (3) to (7), respectively.
Pub. L. 97–35, § 808(a), inserted reference to private schools in par. (6).
Pub. L. 97–35, § 813(d), added par. (8).
Subsec. (h). Pub. L. 97–35, § 819(c)(2), struck out provisions relating to net cost of operating limitation.
1980—Subsec. (d)(6). Pub. L. 96–499 inserted “, but excluding Job Corps Centers funded by the Department of Labor”.
1978—Subsec. (d)(7). Pub. L. 95–627, § 10(b), substituted “from July 1 through June 30” for “determined in accordance with regulations issued by the Secretary”.
Subsecs. (f), (g). Pub. L. 95–627, § 10(a), added subsecs. (f) and (g).
Subsec. (h). Pub. L. 95–627, § 6(a), added subsec. (h).
1977—Subsec. (d)(3). Pub. L. 95–166, § 3, substituted “food service equipment assistance” for “nonfood assistance”.
Subsec. (d)(7). Pub. L. 95–166, § 19(c), added par. (7).
1975—Subsec. (d)(1). Pub. L. 94–105, § 9(b), inserted reference to Trust Territory of the Pacific Islands.
Subsec. (d)(3) to (7). Pub. L. 94–105, § 9(a), (c), struck out par. (3) defining “Nonprofit private schools”, redesignated pars. (4) to (7) as (3) to (6), respectively, and in par. (6), as so redesignated, expanded definition of “school” to include any public or licensed nonprofit private residential child care institution, including, but not limited to, orphanages and homes for the mentally retarded, and inserted provision defining “nonprofit” as any school or institution exempt under section 501(c)(3) of title 26.
Subsec. (e). Pub. L. 94–105, § 9(d), added subsec. (e).
1970—Subsec. (d)(5). Pub. L. 91–248 provided that data upon which State apportionments are calculated is program year completed two years immediately prior to fiscal year for which appropriation is requested.
1962—Subsec. (c). Pub. L. 87–823 struck out requirement of just and equitable distribution of funds in States maintaining separate schools for minority and majority races.
Subsec. (d). Pub. L. 87–823 redefined “State” in par. (1) to recognize Hawaiian and Alaskan statehood and to include American Samoa; “State educational agency” in par. (2) to exclude an exception applicable to the District of Columbia and language which was effective by its terms only through June 30, 1948; “nonprofit private school” in par. (3), substituting “section 501(c)(3) of title 26” for “section 101(6) of title 26”; and “nonfood assistance” in par. (4), substituting “used by schools” for “used on school premises”; and added pars. (5) to (7).
Pub. L. 87–688 inserted “American Samoa,” after “Guam”.
1952—Subsec. (d)(1). Act July 12, 1952, included Guam within definition of State.
