NATIONAL SCHOOL LUNCH ACT [As Amended Through P.L. 105-34, August 5, 1997] 1. Short title. 2. Declaration of policy. 3. Appropriations authorized. 7. 8. 9. State disbursement to schools. Nutritional and other program requirements. 10. Disbursement to schools by the Secretary. 11. Special assistance. 12. Miscellaneous provisions and definitions. 13. Summer food service program for children. 14. Commodity distribution program. 16. Election to receive cash payments. 17. Child and adult care food program. 17A. Meal supplements for children in afterschool care. 17B. Homeless children nutrition program. 18. Pilot projects. 20. Department of Defense overseas dependents' schools. 21. Training, technical assistance, and food service management institute. 22. Compliance and accountability. 25. Duties of the Secretary relating to nonprocurement debarment. 26. Information clearinghouse. 27. Guidance and grants for accommodating special dietary needs of children with disabilities. General notes. [Chapter 281] AN ACT To provide assistance to the States in the establishment, maintenance, operation, and expansion of school lunch programs, and for other purposes. Be it enacted by the Senate and House of Representatives_of_the United States of America in Congress assembled, [1751 note] That this Act may be cited as the "National School Lunch Act". 1-1 DECLARATION OF POLICY SEC. 2. [1751] It is hereby declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation's children and to encourage the domestic consumption of nutritious agricultural commodities and 'This table of contents is not part of the National School Lunch Act. It is included for the convenience of the user. Bracketed material and footnotes did not appear in the Act. - P.L. 79-396, 60 Stat. 230, June 4, 1946. Section 312 of P.L. 101-147, 103 Stat. 916, Nov. 10, 1989, amended the Act (1) by striking "school-lunch" each place it appears and inserting "school lunch"; (2) by striking "reduced-price" each place it appears and inserting "reduced price"; and (3) by striking "special-assistance" each place it appears and inserting "special assistance". The amendments made by such section 312 have been executed to the compilation but have not been noted beyond this note. other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs. APPROPRIATIONS AUTHORIZED SEC. 3. [1752] For each fiscal year there is hereby authorized to be appropriated, out of money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as the "Secretary") to carry out the provisions of this Act, other than sections 13 and 17.3-1 Appropriations to carry out the provisions of this Act and of the Child Nutrition Act of 1966 [(42 U.S.C. 1771 et seq.)] for any fiscal year are authorized to be made a year in advance of the beginning of the fiscal year in which the funds will become available for disbursement to the States. Notwithstanding any other provision of law, any funds appropriated to carry out the provisions of such Acts shall remain available for the purposes of the Act for which appropriated until expended. 3-2 APPORTIONMENTS TO STATES 4-1 SEC. 4.42 [1753] (a) The sums appropriated for any fiscal year pursuant to the authorizations contained in section 3 of this Act shall be available to the Secretary for supplying agricultural commodities and other food for the program in accordance with the provisions of this Act. 3- Amended by section 1 of P.L. 87-823, 76 Stat. 944, Oct. 15, 1962, to delete "beginning with the fiscal year ending June 30, 1947," following "fiscal year" and to add the phrase "other than section 11." Section 1 of P.L. 90-302, 82 Stat. 117, May 8, 1968, substituted "11 and 13" for "11". Section 7 of P.L. 93-326, 88 Stat. 287, June 30, 1974, substituted "13" for "11 and 13." Section 24 of P.L. 94-105, 89 Stat. 529, Oct. 7, 1975, substituted "13, 17, and 19" for "13". Section 371(a)(2) of P.L. 99-500, 100 Stat. 1783-368, Oct. 18, 1986, substituted "sections 13 and 17" for "sections 13, 17, and 19". Section 371(a)(2) of P.L. 99-591, 100 Stat. 3341-371, Oct. 30, 1986, and section 4501(a)(2) of P.L. 99-661, 100 Stat. 4080, Nov. 14, 1986, made the same substitution. Section 255(h) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(h)) exempts child nutrition from reductions under sequestration deficit reduction orders. The second sentence of the first section of the Act entitled "An Act to amend the National School Lunch Act to strengthen and expand food service programs for children, and for other purposes", approved May 8, 1968 (42 U.S.C. 1752 note), amended section 3 of the National School Lunch Act (42 U.S.C. 1752) and provided that appropriations shall be considered Health, Education, and Welfare functions for budget purposes rather than functions of Agriculture. 3-2 The final two sentences added by section 1(a) of P.L. 91-248, 84 Stat. 208, May 14, 1970. Section 17(g)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(1)), as authorized by this section, permits the advance appropriations of funds to carry out the special supplemental food program for women, infants, and children (WIC) program, and provides that the funds shall remain available until expended. Section heading for section 4 added by section 301 of P.L. 101-147, 103 Stat. 913, Nov. 10, 1989. 42 The original provisions for apportionment of funds among the States were amended by P.L. 82-518, 66 Stat. 591, July 12, 1952, to change apportionments to territories and possessions; by section 3 of P.L. 87-688, 76 Stat. 587, Sept. 25, 1962, to include American Samoa; and by section 2 of P.L. 87-823, 76 Stat. 944, Oct. 15, 1962, to change the apportionment factors, specify transitional formulas, and make several other changes. This section substantially amended by section 4(c) of P.L. 92-433, 86 Stat. 726, Sept. 26, 1972, effective July 1, 1973. Section 201(a) of P.L. 96-499, 94 Stat. 2599, Dec. 5, 1980, reduced for fiscal year 1981 the national average payment per lunch provided from general cash assistance funds, but section 820(b)(1) of P.L. 97-35, 95 Stat. 535, Aug. 31, 1981, effective September 1, 1981, repealed this change. Section 4 was again substantially amended by section 801(a) of P.L. 97-35, 95 Stat. 521, Aug. 13, 1981, effective September 1, 1981, which designated the first paragraph as subsection (a) and eliminated the reference to section 5 and language which authorized the Secretary to establish a national average payment factor for lunches “determined by the Secretary to be necessary to carry out the purposes of this Act". (b)+3(1) The Secretary shall make food assistance payments to each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in a total amount equal to the product obtained by multiplying (A) the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act) served during such fiscal year in schools in such State which participate in the school lunch program under this Act under agreements with such State educational agency; by (B) the national average lunch payment prescribed in paragraph (2) of this subsection. (2) The national average lunch payment for each lunch served shall be 10.5 cents (as adjusted pursuant to section 11(a) of this Act) except that for each lunch served in school food authorities in which 60 percent or more of the lunches served in the school lunch program during the second preceding school year were served free or at a reduced price, the national average lunch payment shall be 2 cents more. [FOOD SERVICE EQUIPMENT ASSISTANCE] [SEC. 5.5-1 Repealed] +3 Section 801(a) of P.L. 97-35, 95 Stat. 521, Aug. 13, 1981, added subsection (b), which fixed the national average lunch payment at 10.5 cents (adjusted annually) and 2 cents per lunch more for schools which in the second preceding school year served 60 percent or more of the lunches in the program free or at a reduced price. 5-1 Section 5, which authorized the food service equipment assistance program, repealed by section 805 of P.L. 97-35, 95 Stat. 527, Aug. 13, 1981. DIRECT FEDERAL EXPENDITURES SEC. 6.6 [1755] (a) 6-2 The funds provided by appropriation or transfer from other accounts for any fiscal year for carrying out the provisions of this Act, and for carrying out the provisions of the Child Nutrition Act of 1966 [(42 U.S.C. 1771 et seq.)], other than section 3 thereof [(42 U.S.C. 1772)], less (1) not to exceed 32 per centum thereof which per centum is hereby made available to the Secretary for the Secretary's 6-3 administrative expenses under this Act and under the Child Nutrition Act of 1966; (2) the amount apportioned by the Secretary 6 4 pursuant to section 4 of this Act and the amount appropriated pursuant to sections 11 and 136-5 of this Act and sections 4 and 7 of the Child Nutrition Act of 1966 [(42 U.S.C. 1773 and 1776)]; 66 and (3) not to exceed 1 per centum of the funds provided for carrying out the programs under this Act and the programs under the Child Nutrition Act of 1966, other than section 3, which per centum is hereby made available to the Secretary to supplement the nutritional benefits of these programs through grants to States and other means for nutritional training and 6 Section 404 of the Agricultural Act of 1949 (7 U.S.C. 1424) permits the Secretary of Agriculture, in carrying out programs under section 6 of the National School Lunch Act (42 U.S.C. 1755), to utilize the services and facilities of the Commodity Credit Corporation, and make advance payments to it. The second sentence of section 13 of the Child Nutrition Act of 1966 (42 U.S.C. 1782) requires Federal agencies administering programs under which funds are provided to schools for food service programs for children to transfer such funds to the Department of Agriculture for distribution in accordance with standards established under such Act and the National School Lunch Act. Section 3(a)(2)(C) of the Commodity Distribution Reform Act and WIC Amendments of 1987 (Public Law 100-237; 7 U.S.C. 612c note) provides that certain commodity specification provisions shall apply to the school lunch, commodity distribution, and child care food programs established under sections 6, 14, and 17 of the National School Lunch Act (42 U.S.C. 1755, 1762a, and 1766). Section 3(b)(1)(A)(iii)(III) of the Commodity Distribution Reform Act and WIC Amendments of 1987 (Public Law 100-237; 7 U.S.C. 612c note) requires the Secretary of Agriculture to implement a system to provide recipient agencies with options with respect to package sizes and forms of commodities, taking into account the duty of the Secretary to make direct purchases of agricultural commodities and other foods under the school lunch, commodity distribution, and child care food programs established under sections 6, 14, and 17 of the National School Lunch Act (42 U.S.C. 1755, 1762a, and 1766). Section 3(e)(1)(D)(iii)(III) of the Commodity Distribution Reform Act and WIC Amendments of 1987 (Public Law 100-237; 7 U.S.C. 612c note) requires the Secretary of Agriculture to provide by regulation for delivery schedules for the distribution of commodities and products that are consistent with the needs of eligible recipient agencies, taking into account the duty of the Secretary to make direct purchases of agricultural commodities and other foods under the school lunch, commodity distribution, and child care food programs established under sections 6, 14, and 17 of the National School Lunch Act (42 U.S.C. 1755, 1762a, and 1766). 62 Section 3 of P.L. 91-248, 84 Stat. 209, May 14, 1970, added the first sentence in place of provisions appearing earlier, adding, in particular, references to the Child Nutrition Act of 1966 and the provision concerning use of funds for nutritional training and education and for surveys and studies. This paragraph designated subsection (a) by section 2 of P.L. 93-13, 87 Stat. 10, March 30, 1973. 6 Section 302(1) of P.L. 101-147, 103 Stat. 913, Nov. 10, 1989, amended paragraph (1) by striking "his" and inserting "the Secretary's". 64 Section 302(2) of P.L. 101-147, 103 Stat. 913, Nov. 10, 1989, amended paragraph (2) by striking "him" and inserting "the Secretary". Section 3(b) of P.L. 87-823, 76 Stat. 945, Oct. 15, 1962, added reference to section 11; and section 2(a) of P.L. 90-302, 82 Stat. 117, May 8, 1968, added reference to section 13. Section 819 of P.L. 97-35, 95 Stat. 533, Aug. 13, 1981, removed references to sections 5 of the National School Lunch Act and the Child Nutrition Act of 1966. Section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) requires the Secretary of Agriculture to make payments to States for administrative costs incurred in connection with programs authorized under such Act and the National School Lunch Act. education for workers, cooperators, and participants in these programs, for pilot projects and the cash-in-lieu of commodities study required to be carried out under section 186-7 of this Act, and for necessary surveys and studies of requirements for food service programs in furtherance of the purposes expressed in section 2 of this Act and section 2 of the Child Nutrition Act of 1966 [(42 U.S.C. 1771)], shall be available to the Secretary during such year for direct expenditure by the Secretary 6-8 for agricultural commodities and other foods to be distributed among the States and schools and service institutions participating in the food service programs under this Act and under the Child Nutrition Act of 1966 in accordance with the needs as determined by the local school and service institution authorities. Except as provided in the next 2 sentences, any school participating in food service programs under this Act may refuse to accept delivery of not more than 20 percent of the total value of agricultural commodities and other foods tendered to it in any school year; and if a school so refuses, that school may receive, in lieu of the refused commodities, other commodities to the extent that other commodities are available to the State during that year. 6-10 Any school food authority may refuse some or all of the fresh fruits and vegetables offered to the school food authority in any school year and shall receive, in lieu of the offered fruits and vegetables, other more desirable fresh fruits and vegetables that are at least equal in value to the fresh fruits and vegetables refused by the school food authority. The value of any fresh fruits and vegetables refused by a school under the preceding sentence for a school year shall not be used to determine the 20 percent of the total value of agricultural commodities and other foods tendered to the school food authority in the school year under the second sentence. 6-11 The provisions of law contained in the proviso of the Act of June 28, 19376-12 [; 15 U.S.C. 713c], facilitating operations with respect to the purchase and disposition of surplus agricultural commodities under section 32 of the Act approved August 24, 1935, 6-13 [; 7 U.S.C. 612c] shall, to the extent not inconsistent with the provisions of this Act, also be applicable to expenditures of funds by the Secretary under this Act. In making purchases of such agricultural commodities and other foods, the Secretary shall not issue specifications which restrict participation of local producers unless such specifications will result in significant advantages 6-7 Section 10 of P.L. 95-166, 91 Stat. 1336, Nov. 10, 1977, authorized funds for pilot projects and studies under then-section 20 of this Act. Section 371(c)(2) of P.L. 99-500, 100 Stat. 1783369, Oct. 18, 1986, substituted "section 18" for "section 20". Section 371(c)(2) of P.L. 99-591, 100 Stat. 3341-372, Oct. 30, 1986, and section 4501(c)(2) of P.L. 99-661, 100 Stat. 4080, Nov. 14, 1986, made the same substitution. 6 Section 302(3)(A) of P.L. 101-147, 103 Stat. 913, Nov. 10, 1989, amended the matter following paragraph (3) by striking "him" and inserting "the Secretary". 69 Section 101(1) of P.L. 103-448, 108 Stat. 4701, Nov. 2, 1994, amended the second sentence by striking "Any school" and inserting "Except as provided in the next 2 sentences, any school". 6-10 Section 7 of P.L. 95-166, 91 Stat. 1335, Nov. 10, 1977, added the choice of commodities option for not more than 20 percent of commodities tendered to a school. 6-11 This sentence and the preceding sentence added by section 101(2) of P.L. 103-448, 108 Stat. 4701, Nov. 2, 1994. 6-12 Section 302(3)(B) of P.L. 101-147, 103 Stat. 913, Nov. 10, 1989, amended the matter following paragraph (3) by striking "(50 Stat. 323)". 6-13 Section 302(3)(C) of P.L. 101-147, 103 Stat. 913, Nov. 10, 1989, amended the matter following paragraph (3) by striking "(49 Stat. 774), as amended". |