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42 U.S.C. § 1773 — School breakfast program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; authorization of appropriations** There is hereby authorized to be appropriated such sums as are necessary to enable the Secretary to carry out a program to assist the States and the Department of Defense through grants-in-aid and other means to initiate, maintain, or expand nonprofit breakfast programs in all schools which make application for assistance and agree to carry out a nonprofit breakfast program in accordance with this chapter. Appropriations and expenditures for this chapter shall be considered Health and Human Services functions for budget purposes rather than functions of Agriculture.
**(b) Breakfast assistance payments to State educational agencies; calculation; national average payments for breakfasts, free breakfasts and reduced price breakfasts; maximum price for reduced cost breakfasts; minimum daily nutrition requirements criteria; additional payments for severe need schools; maximum severe need payments**
(1)
(A)
(i) The Secretary shall make breakfast 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 an amount equal to the product obtained by multiplying—
(I) the number of breakfasts served during such fiscal year to children in schools in such States which participate in the school breakfast program under agreements with such State educational agency; by
(II) the national average breakfast payment for free breakfasts, for reduced price breakfasts, or for breakfasts served to children not eligible for free or reduced price meals, as appropriate, as prescribed in clause (B) of this paragraph.
(ii) The agreements described in clause (i)(I) shall be permanent agreements that may be amended
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Source location: Title 42, Chapter 13A, § 1773; chapter-13a-child-nutrition.md
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**(a) Establishment; authorization of appropriations** There is hereby authorized to be appropriated such sums as are necessary to enable the Secretary to carry out a program to assist the States and the Department of Defense through grants-in-aid and other means to initiate, maintain, or expand nonprofit breakfast programs in all schools which make application for assistance and agree to carry out a nonprofit breakfast program in accordance with this chapter. Appropriations and expenditures for this chapter shall be considered Health and Human Services functions for budget purposes rather than functions of Agriculture.
**(b) Breakfast assistance payments to State educational agencies; calculation; national average payments for breakfasts, free breakfasts and reduced price breakfasts; maximum price for reduced cost breakfasts; minimum daily nutrition requirements criteria; additional payments for severe need schools; maximum severe need payments**
(1)
(A)
(i) The Secretary shall make breakfast 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 an amount equal to the product obtained by multiplying—
(I) the number of breakfasts served during such fiscal year to children in schools in such States which participate in the school breakfast program under agreements with such State educational agency; by
(II) the national average breakfast payment for free breakfasts, for reduced price breakfasts, or for breakfasts served to children not eligible for free or reduced price meals, as appropriate, as prescribed in clause (B) of this paragraph.
(ii) The agreements described in clause (i)(I) shall be permanent agreements that may be amended as necessary. Nothing in the preceding sentence shall be construed to limit the ability of the State educational agency to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary.
(B) The national average payment for each free breakfast shall be 57 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)). The national average payment for each reduced price breakfast shall be one-half of the national average payment for each free breakfast, except that in no case shall the difference between the amount of the national average payment for a free breakfast and the national average payment for a reduced price breakfast exceed 30 cents. The national average payment for each breakfast served to a child not eligible for free or reduced price meals shall be 8.25 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)).
(C) No school which receives breakfast assistance payments under this section may charge a price of more than 30 cents for a reduced price breakfast.
(D) No breakfast assistance payment may be made under this subsection for any breakfast served by a school unless such breakfast consists of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under subsection (e) of this section.
(E) *Free and reduced price policy statement.—* — After the initial submission, a local educational agency shall not be required to submit a free and reduced price policy statement to a State educational agency under this chapter unless there is a substantive change in the free and reduced price policy of the local educational agency. A routine change in the policy of a local educational agency, such as an annual adjustment of the income eligibility guidelines for free and reduced price meals, shall not be sufficient cause for requiring the local educational agency to submit a policy statement.
(2)
(A) The Secretary shall make additional payments for breakfasts served to children qualifying for a free or reduced price meal at schools that are in severe need.
(B) The maximum payment for each such free breakfast shall be the higher of—
(i) the national average payment established by the Secretary for free breakfasts plus 10 cents, or
(ii) 45 cents (as adjusted pursuant to [section 1759a(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1759a/a/3/B&num=0&edition=prelim)).
(C) The maximum payment for each such reduced price breakfast shall be thirty cents less than the maximum payment for each free breakfast as determined under clause (B) of this paragraph.
(3) The Secretary shall increase by 6 cents the annually adjusted payment for each breakfast served under this chapter and [section 1766 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1766&num=0&edition=prelim). These funds shall be used to assist States, to the extent feasible, in improving the nutritional quality of the breakfasts.
(4) Notwithstanding any other provision of law, whenever stocks of agricultural commodities are acquired by the Secretary or the Commodity Credit Corporation and are not likely to be sold by the Secretary or the Commodity Credit Corporation or otherwise used in programs of commodity sale or distribution, the Secretary shall make such commodities available to school food authorities and eligible institutions serving breakfasts under this chapter in a quantity equal in value to not less than 3 cents for each breakfast served under this chapter and [section 1766 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1766&num=0&edition=prelim).
(5) Expenditures of funds from State and local sources for the maintenance of the breakfast program shall not be diminished as a result of funds or commodities received under paragraph (3) or (4).
**(c) Disbursement of apportioned funds by State; preference for schools in poor economic areas, for students traveling long distances daily, and for schools for improvement of nutrition and dietary practices of children of working mothers and from low-income families** Funds apportioned and paid to any State for the purpose of this section shall be disbursed by the State educational agency to schools selected by the State educational agency to assist such schools in operating a breakfast program and for the purpose of subsection (d). Disbursement to schools shall be made at such rates per meal or on such other basis as the Secretary shall prescribe. In selecting schools for participation, the State educational agency shall, to the extent practicable, give first consideration to those schools drawing attendance from areas in which poor economic conditions exist, to those schools in which a substantial proportion of the children enrolled must travel long distances daily, and to those schools in which there is a special need for improving the nutrition and dietary practices of children of working mothers and children from low-income families. Breakfast assistance disbursements to schools under this section may be made in advance or by way of reimbursement in accordance with procedures prescribed by the Secretary.
**(d) Severe need assistance**
(1) **In general** — Each State educational agency shall provide additional assistance to schools in severe need, which shall include only those schools (having a breakfast program or desiring to initiate a breakfast program) in which—
(A) during the most recent second preceding school year for which lunches were served, 40 percent or more of the lunches served to students at the school were served free or at a reduced price; or
(B) in the case of a school in which lunches were not served during the most recent second preceding school year, the Secretary otherwise determines that the requirements of subparagraph (A) would have been met.
(2) **Additional assistance** — A school, on the submission of appropriate documentation about the need circumstances in that school and the eligibility of the school for additional assistance, shall be entitled to receive the meal reimbursement rate specified in subsection (b)(2).
**(e) Nutritional requirements; service free or at reduced price; compliance assistance**
(1)
(A) Breakfasts served by schools participating in the school breakfast program under this section shall consist of a combination of foods and shall meet the minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research, except that the minimum nutritional requirements shall be measured by not less than the weekly average of the nutrient content of school breakfasts. Such breakfasts shall be served free or at a reduced price to children in school under the same terms and conditions as are set forth with respect to the service of lunches free or at a reduced price in [section 1758 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758&num=0&edition=prelim).
(B) The Secretary shall provide through State educational agencies technical assistance and training, including technical assistance and training in the preparation of foods high in complex carbohydrates and lower-fat versions of foods commonly used in the school breakfast program established under this section, to schools participating in the school breakfast program to assist the schools in complying with the nutritional requirements prescribed by the Secretary pursuant to subparagraph (A) and in providing appropriate meals to children with medically certified special dietary needs.
(2) At the option of a local school food authority, a student in a school under the authority that participates in the school breakfast program under this chapter may be allowed to refuse not more than one item of a breakfast that the student does not intend to consume. A refusal of an offered food item shall not affect the full charge to the student for a breakfast meeting the requirements of this section or the amount of payments made under this chapter to a school for the breakfast.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program purpose, grant authority and institution eligibility**
(1) **In general**
(A) *Program purpose*
(i) *Findings* — Congress finds that—
(I) eating habits and other wellness-related behavior habits are established early in life; and
(II) good nutrition and wellness are important contributors to the overall health of young children and essential to cognitive development.
(ii) *Purpose* — The purpose of the program authorized by this section is to provide aid to child and adult care institutions and family or group day care homes for the provision of nutritious foods that contribute to the wellness, healthy growth, and development of young children, and the health and wellness of older adults and chronically impaired disabled persons.
(B) *Grant authority* — The Secretary may carry out a program to assist States through grants-in-aid and other means to initiate and maintain nonprofit food service programs for children in institutions providing child care.
(2) **Definition of institution** — In this section, the term “institution” means—
(A) any public or private nonprofit organization providing nonresidential child care or day care outside school hours for school children, including any child care center, settlement house, recreational center, Head Start center, and institution providing child care facilities for children with disabilities;
(B) any other private organization providing nonresidential child care or day care outside school hours for school children, if—
(i) at least 25 percent of the children served by the organization meet the income eligibility criteria established under [section 1758(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/b&num=0&edition=preli
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1766
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrative expenses; nutritional education; pilot projects; cash-in-lieu of commodities study; refusal of commodities and receipt of other commodities available to the State in lieu of the refused commodities** The funds provided by appropriation or transfer from other accounts for any fiscal year for carrying out the provisions of this chapter, and for carrying out the provisions of 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.], other than section 3 thereof [[42 U.S.C. 1772](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1772&num=0&edition=prelim)] less
(1) not to exceed 3½ per centum thereof which per centum is hereby made available to the Secretary for the Secretary’s administrative expenses under this chapter and under 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) the amount apportioned by the Secretary pursuant to [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) and the amount appropriated pursuant to sections 1759a and 1761 of this title and sections 4 and 7 of the Child Nutrition Act of 1966 [[42 U.S.C. 1773](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1773&num=0&edition=prelim) and 1776]; and
(3) not to exceed 1 per centum of the funds provided for carrying out the programs under this chapter and the programs under 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.],
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1755
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the term:
**(a)** “Access device” means any card, plate, code, account number, or other means of access, including point of sale devices, that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds under this chapter.
**(b)** “Allotment” means the total value of benefits a household is authorized to receive during each month.
**(c)** “Allowable medical expenses” means expenditures for (1) medical and dental care, (2) hospitalization or nursing care (including hospitalization or nursing care of an individual who was a household member immediately prior to entering a hospital or nursing home), (3) prescription drugs when prescribed by a licensed practitioner authorized under State law and over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional, (4) health and hospitalization insurance policies (excluding the costs of health and accident or income maintenance policies), (5) medicare premiums related to coverage under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.], (6) dentures, hearing aids, and prosthetics (including the costs of securing and maintaining a seeing eye dog), (7) eye glasses prescribed by a physician skilled in eye disease or by an optometrist, (8) reasonable costs of transportation necessary to secure medical treatment or services, and (9) maintaining an attendant, homemaker, home health aide, housekeeper, or child care services due to age, infirmity, or illness.
**(d) Benefit.—** The term “benefi
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2012
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary of Defense shall establish and operate a program (hereinafter in this chapter referred to as the “defense dependents’ education system”) to provide a free public education through secondary school for dependents in overseas areas.
**(b) Program purposes and activities**
(1) The Secretary shall ensure that individuals eligible to receive a free public education under subsection (a) receive an education of high quality.
(2) In establishing the defense dependents’ education system under subsection (a), the Secretary shall provide programs designed to meet the special needs of—
(A) the handicapped,
(B) individuals in need of compensatory education,
(C) individuals with an interest in vocational education,
(D) gifted and talented individuals, and
(E) individuals of limited English-speaking ability.
(3) The Secretary shall provide a developmental preschool program to individuals eligible to receive a free public education under subsection (a) who are of preschool age if a preschool program is not otherwise available for such individuals and if funds for such a program are available.
**(c) Consultation requirements** The Secretary of Defense shall consult with the Secretary of Education on the educational programs and practices of the defense dependents’ education system.
**(d) Optional summer school programs**
(1) The Secretary of Defense may provide optional summer school programs in the defense dependents’ education system.
(2) The Secretary shall provide any summer school program under this subsection on the same financial basis as programs offered during the regular school year, except that the Secretary may charge reasonable fees for all or portions of such summer school programs to the extent that the Secretary
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 921
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall withhold funds payable to a State under this chapter and disburse the funds directly to schools, institutions, or service institutions within the State for the purposes authorized by this chapter to the extent that the Secretary has so withheld and disbursed such funds continuously since October 1, 1980, but only to such extent (except as otherwise required by subsection (b)). Any funds so withheld and disbursed by the Secretary shall be used for the same purposes, and shall be subject to the same conditions, as applicable to a State disbursing funds made available under this chapter. If the Secretary is administering (in whole or in part) any program authorized under this chapter, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program.
**(b)** If a State educational agency is not permitted by law to disburse the funds paid to it under this chapter to any of the nonpublic schools in the State, the Secretary shall disburse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to public schools within the State by the State educational agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1759
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1751
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nutritional requirements**
(1)
(A) Lunches served by schools participating in the school lunch program under this chapter shall meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research, except that the minimum nutritional requirements—
(i) shall not be construed to prohibit the substitution of foods to accommodate the medical or other special dietary needs of individual students; and
(ii) shall, at a minimum, be based on the weekly average of the nutrient content of school lunches.
(B) The Secretary shall provide technical assistance and training, including technical assistance and training in the preparation of lower-fat versions of foods commonly used in the school lunch program under this chapter, to schools participating in the school lunch program to assist the schools in complying with the nutritional requirements prescribed by the Secretary pursuant to subparagraph (A) and in providing appropriate meals to children with medically certified special dietary needs. The Secretary shall provide additional technical assistance to schools that are having difficulty maintaining compliance with the requirements.
(2) **Fluid milk.—**
(A) *In general.—* — Lunches served by schools participating in the school lunch program under this chapter—
(i) shall offer students a variety of fluid milk;
(ii) may offer students options which may include flavored and unflavored organic or nonorganic whole, reduced-fat, low-fat, and fat-free fluid milk and lactose-free fluid milk, and nondairy beverages that are nutritionally equivalent to fluid milk and meet the nutritional standards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortifi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1758
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Federal law — U.S. Code and appendices · legal_authorities
**(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) *
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1753
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Federal law — U.S. Code and appendices · legal_authorities
There is appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers’ purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 612c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to the availability of funds made available under subsection (g), the Secretary shall make payments to State agencies for each fiscal year, in accordance with this section, to promote nutrition in food service programs under this chapter and the school breakfast program established under 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.).
**(b) Total amount for each fiscal year** The total amount of funds available for a fiscal year for payments under this section shall equal not more than the product obtained by multiplying—
(1) ½ cent; by
(2) the number of lunches reimbursed through food service programs under this chapter during the second preceding fiscal year in schools, institutions, and service institutions that participate in the food service programs.
**(c) Payments to States**
(1) **Allocation** — Subject to paragraph (2), from the amount of funds available under subsection (g) for a fiscal year, the Secretary shall allocate to each State agency an amount equal to the greater of—
(A) a uniform base amount established by the Secretary; or
(B) an amount determined by the Secretary, based on the ratio that—
(i) the number of lunches reimbursed through food service programs under this chapter in schools, institutions, and service institutions in the State that participate in the food service programs; bears to
(ii) the number of lunches reimbursed through the food service programs in schools, institutions, and service institutions in all States that participate in the food service programs.
(2) **Reductions** — The Secretary shall reduce allocations to State agencies qualifying for an allocation under parag
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1754
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