42 USC 1760 - Miscellaneous provisions

U.S Code last checked for updates: Apr 26, 2024

§ 1760.

Miscellaneous provisions

(a)

Accounts and records

(b)

Agreements

(1)

In general

(2)

Expectations for use of funds

Agreements described in paragraph (1) shall include a provision that—

(A)

supports full use of Federal funds provided to State agencies and Indian Tribal organizations for the administration of programs authorized under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and

(B)

excludes the Federal funds from State and Indian Tribal organization budget restrictions or limitations including, at a minimum—

(i)

hiring freezes;

(ii)

work furloughs; and

(iii)

travel restrictions.

(c)

Requirements with respect to teaching personnel, curriculum, instruction, etc.

(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

(f)

Adjustment of national average payment rate for Alaska, Hawaii, territories and possessions, etc.

(g)

Criminal penalties

(h)

Combined allocation for breakfast and lunch

(i)

Use of school lunch facilities for elderly programs

(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)

Repealed. Pub. L. 111–296, title IV, § 441(a)(4), Dec. 13, 2010, 124 Stat. 3261

(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

(2)

Buy American training

(3)

Procuring safe foods

(4)

Authorization of appropriations

(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

(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

(4)

Applicability to Puerto Rico

(o)

Procurement contracts

(p)

Price for a paid lunch

(1)

Definition of paid lunch

(2)

Requirement

(A)

In general

(B)

Lower price

(i)

In general

In the case of a school food authority that established a price for a paid lunch in the previous school year that was less than the difference between the total Federal reimbursement for a free lunch and the total Federal reimbursement for a paid lunch, the school food authority shall establish an average price for a paid lunch that is not less than the price charged in the previous school year, as adjusted by a percentage equal to the sum obtained by adding—

(I)

2 percent; and

(II)

the percentage change in the Consumer Price Index for All Urban Consumers (food away from home index) used to increase the Federal reimbursement rate under section 1759a of this title for the most recent school year for which data are available, as published in the Federal Register.

(ii)

Rounding

(iii)

Maximum required price increase

(I)

In general

(II)

Discretionary increase

(C)

Equal or greater price

(i)

In general

(ii)

Rounding

(3)

Exceptions

(A)

Reduction in price

A school food authority may reduce the average price of a paid lunch established under this subsection if the State agency ensures that funding from non-Federal sources (other than in-kind contributions) is added to the nonprofit school food service account of the school food authority in an amount estimated to be equal to at least the difference between—

(i)

the average price required of the school food authority for the paid lunches under paragraph (2); and

(ii)

the average price charged by the school food authority for the paid lunches.

(B)

Non-Federal sources

(C)

Other programs

(4)

Regulations

(q)

Nonprogram food sales

(1)

Definition of nonprogram food

In this subsection:

(A)

In general

The term “nonprogram food” means food that is—

(i)

sold in a participating school other than a reimbursable meal provided under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and

(ii)

purchased using funds from the nonprofit school food service account of the school food authority of the school.

(B)

Inclusion

(2)

Revenues

(A)

In general

(B)

Accrual

(C)

Effective date

(r)

Disqualified schools, institutions, and individuals

(June 4, 1946, ch. 281, § 12, formerly § 11, 60 Stat. 233; July 12, 1952, ch. 699, § 1(c), 66 Stat. 591; Pub. L. 87–688, § 3(a), Sept. 25, 1962, 76 Stat. 587; renumbered § 12 and amended Pub. L. 87–823, § 5, Oct. 15, 1962, 76 Stat. 945; Pub. L. 91–248, § 1(b), May 14, 1970, 84 Stat. 208; Pub. L. 94–105, § 9, Oct. 7, 1975, 89 Stat. 514; Pub. L. 95–166, §§ 3, 19(c), Nov. 10, 1977, 91 Stat. 1332, 1345; Pub. L. 95–627, §§ 6(a), 10(a), (b), Nov. 10, 1978, 92 Stat. 3620, 3623; Pub. L. 96–499, title II, § 205, Dec. 5, 1980, 94 Stat. 2601; Pub. L. 97–35, title VIII, §§ 808(a), 813(d), 819(c), Aug. 13, 1981, 95 Stat. 527, 530, 533; Pub. L. 99–500, title III, §§ 325(a), 326, 373(a), Oct. 18, 1986, 100 Stat. 1783–361, 1783–369, and Pub. L. 99–591, title III, §§ 325(a), 326, 373(a), Oct. 30, 1986, 100 Stat. 3341–364, 3341–365, 3341–372; Pub. L. 99–661, div. D, title II, §§ 4205(a), 4206, title V, § 4503(a), Nov. 14, 1986, 100 Stat. 4072, 4073, 4081; Pub. L. 100–71, title I, § 101(a), July 11, 1987, 101 Stat. 429; Pub. L. 101–147, title III, §§ 306, 312(1), Nov. 10, 1989, 103 Stat. 914, 916; Pub. L. 103–448, title I, §§ 112(a)(1), (b)–(d), 113, Nov. 2, 1994, 108 Stat. 4708–4712; Pub. L. 104–193, title VII, §§ 701(b), 705, Aug. 22, 1996, 110 Stat. 2288, 2290; Pub. L. 105–336, title I, §§ 104, 107(j)(3)(A), Oct. 31, 1998, 112 Stat. 3147, 3153; Pub. L. 106–224, title II, § 242(b)(3), June 20, 2000, 114 Stat. 412; Pub. L. 107–171, title IV, § 4304, May 13, 2002, 116 Stat. 331; Pub. L. 108–265, title I, §§ 108(b), 114, 115, title II, § 203(i)(2), June 30, 2004, 118 Stat. 746, 748, 780; Pub. L. 111–296, title II, §§ 205, 206, title III, §§ 361, 362, title IV, §§ 403, 441(a)(4), Dec. 13, 2010, 124 Stat. 3218, 3220, 3258, 3259, 3261; Pub. L. 114–95, title IX, § 9215(nnn), Dec. 10, 2015, 129 Stat. 2188; Pub. L. 117–328, div. HH, title IV, § 502(a), Dec. 29, 2022, 136 Stat. 5988.)

cite as: 42 USC 1760