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42 U.S.C. § 1785 — Accounts and records; availability for inspection; authority to settle, adjust, or waive claims

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1785 — Accounts and records; availability for inspection; authority to settle, adjust, or waive claims

**(a)** States, State educational agencies, schools, and nonprofit institutions participating in programs under this chapter shall keep such accounts and records as may be necessary to enable the Secretary to determine whether there has been compliance with this chapter and the regulations hereunder. 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 three years, as the Secretary determines is necessary. **(b)** With regard to any claim arising under this chapter or under the Richard B. Russell National School Lunch Act [[42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.], the Secretary shall have the authority to determine the amount of, to settle and to adjust any such claim, and to compromise or deny such claim or any part thereof. The Secretary shall also have the authority to waive such claims if the Secretary determines that to do so would serve the purposes of either this chapter or the Richard B. Russell National School Lunch Act. Nothing contained in this subsection shall be construed to diminish the authority of the Attorney General of the United States under [section 516 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section516&num=0&edition=prelim) to conduct litigation on behalf of the United States.

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Source file: Laws/federal/codes/united-states-code/title-42/section-1785-accounts-and-records-availability-for-inspection-authority-to-settle-adj--df2bc2919e.md
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Source location: Title 42, Chapter 13A, § 1785; chapter-13a-child-nutrition.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 516 — Conduct of litigation reserved to Department of Justice

Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of Justice, under the direction of the Attorney General.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1751 — Congressional declaration of policy

It is 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 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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** (1) **In general** — The Secretary shall incorporate, in the agreement of the Secretary with the State agencies and Indian Tribal organizations administering programs authorized under this chapter or the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.), the express requirements with respect to the operation of the programs to the extent applicable and such other provisions as in the opinion of the Secretary are reasonably necessary or appropriate to effectuate the purposes of this chapter and the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.); and (B) excludes th

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1753 — Apportionments to States

**(a)** The sums appropriated for any fiscal year pursuant to the authorizations contained in [section 1752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1752&num=0&edition=prelim) shall be available to the Secretary for supplying agricultural commodities and other food for the program in accordance with the provisions of this chapter. **(b)** (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 1758(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/a&num=0&edition=prelim)) served during such fiscal year in schools in such State which participate in the school lunch program under this chapter 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 1759a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1759a/a&num=0&edition=prelim)) 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. (3) **Additional reimbursement.—** (A) *Regulations.—* (i) *

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1751 — Congressional declaration of policy

Page 4878 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1751 Sec. 1755b. Pulse crop products. 1756. Payments to States. 1757. State disbursement to schools. 1758. Program requirements. 1758a. State performance on enrolling children re- ceiving program benefits for free school meals. 1758b. Local school wellness policy. 1759. Direct disbursement to schools by Secretary. 1759a. Special assistance funds. 1760. Miscellaneous provisions. 1761. Summer food service program for children. 1762. Summer electronic benefits transfer for chil- dren program. 1762a. Commodity distribution program. 1763, 1764. Repealed. 1765. Election to receive cash payments. 1766. Child and adult care food program. 1766a. Meal supplements for children in afterschool care. 1766b to 1768. Repealed. 1769. Pilot projects. 1769a. Fresh fruit and vegetable program. 1769b. Department of Defense overseas dependents’ schools. 1769b–1. Training, technical assistance, and food serv- ice management institute. 1769c. Compliance and accountability. 1769d. Childhood hunger research. 1769e. State childhood hunger challenge grants. 1769f. Duties of Secretary relating to nonprocure- ment debarment. 1769g. Information clearinghouse. 1769h. Repealed. 1769i. Program evaluation. 1769j. Ensuring safety of school meals. § 1751. Congressional declaration of policy It is 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 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 estab- lishment, maintenance, o

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1785 — Accounts and records; availability for in-

Page 5019 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1785 designated former pars. (1) and (2) as subpars. (A) and (B), respectively, in par. (3) substituted ‘‘Internal Rev- enue 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, and in par. (6) substituted ‘‘to have 1 or more mental or physical handicaps’’ for ‘‘to be mentally or physically handi- capped’’ and ‘‘for individuals with mental or physical handicaps’’ for ‘‘for mentally or physically handi- capped’’. 1987—Subsec. (c). Pub. L. 100–71 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘ ‘School’ means (A) any public or nonprofit pri- vate school of high school grade or under, including kindergarten and preschool programs operated by such school, (B) any public or licensed nonprofit private res- idential child care institution (including, but not lim- ited to, orphanages and homes for the mentally re- tarded, but excluding Job Corps Centers funded by the Department of Labor), and (C) with respect to the Com- monwealth 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 subsection, the term ‘nonprofit’, when applied to any such private school or institution, means any such school or institu- tion 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.

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