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42 U.S.C. § 1755a — Whole grain products
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** The purpose of this section is to encourage greater awareness and interest in the number and variety of whole grain products available to schoolchildren, as recommended by the 2005 Dietary Guidelines for Americans.
**(b) Definition of eligible whole grains and whole grain products** In this section, the terms “whole grains” and “whole grain products” have the meaning given the terms by the Food and Nutrition Service in the HealthierUS School Challenge.
**(c) Purchase of whole grains and whole grain products** In addition to the commodities delivered under section 6 of the Richard B. Russell National School Lunch Act ([42 U.S.C. 1755](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1755&num=0&edition=prelim)), the Secretary shall purchase whole grains and whole grain products for use in—
(1) the school lunch program established 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.); and
(2) the school breakfast program established by [section 1773 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1773&num=0&edition=prelim).
**(d) Evaluation** Not later than September 30, 2011, the Secretary shall conduct an evaluation of the activities conducted under subsection (c) that includes—
(1) an evaluation of whether children participating in the school lunch and breakfast programs increased their consumption of whole grains;
(2) an evaluation of which whole grains and whole grain products are most acceptable for use in the school lunch and breakfast programs;
(3) any recommendations of the Secretary regarding the integration of whole grain products in the sch
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Source location: Title 42, Chapter 13, § 1755a; chapter-013-school-lunch-programs.md
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**(a) Purpose** The purpose of this section is to encourage greater awareness and interest in the number and variety of whole grain products available to schoolchildren, as recommended by the 2005 Dietary Guidelines for Americans.
**(b) Definition of eligible whole grains and whole grain products** In this section, the terms “whole grains” and “whole grain products” have the meaning given the terms by the Food and Nutrition Service in the HealthierUS School Challenge.
**(c) Purchase of whole grains and whole grain products** In addition to the commodities delivered under section 6 of the Richard B. Russell National School Lunch Act ([42 U.S.C. 1755](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1755&num=0&edition=prelim)), the Secretary shall purchase whole grains and whole grain products for use in—
(1) the school lunch program established 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.); and
(2) the school breakfast program established by [section 1773 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1773&num=0&edition=prelim).
**(d) Evaluation** Not later than September 30, 2011, the Secretary shall conduct an evaluation of the activities conducted under subsection (c) that includes—
(1) an evaluation of whether children participating in the school lunch and breakfast programs increased their consumption of whole grains;
(2) an evaluation of which whole grains and whole grain products are most acceptable for use in the school lunch and breakfast programs;
(3) any recommendations of the Secretary regarding the integration of whole grain products in the school lunch and breakfast programs; and
(4) an evaluation of any other outcomes determined to be appropriate by the Secretary.
**(e) Report** As soon as practicable after the completion of the evaluation under subsection (d), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representative 11 So in original. Probably should be “Representatives”. a report describing the results of the evaluation.
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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.],
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This section may be cited as the “Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008”.
**(b) Definitions** In this subsection: 11 So in original. Probably should be “section:”.
(1) **Director** — The term “Director” means the head of the Congressional Hunger Center.
(2) **Fellow** — The term “fellow” means—
(A) a Bill Emerson Hunger Fellow; or
(B) Mickey Leland Hunger Fellow.
(3) **Fellowship Programs** — The term “Fellowship Programs” means the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program established under subsection (c)(1).
**(c) Fellowship Programs**
(1) **In general** — There is established the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program.
(2) **Purposes**
(A) *In general* — The purposes of the Fellowship Programs are—
(i) to encourage future leaders of the United States—
(I) to pursue careers in humanitarian and public service;
(II) to recognize the needs of low-income people and hungry people;
(III) to provide assistance to people in need; and
(IV) to seek public policy solutions to the challenges of hunger and poverty;
(ii) to provide training and development opportunities for such leaders through placement in programs operated by appropriate organizations or entities; and
(iii) to increase awareness of the importance of public service.
(B) *Bill Emerson Hunger Fellowship Program* — The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and poverty in the United States.
(C) *Mickey Leland Hunger Fellowship Program* — The purpose of the Mickey Leland Hunger Fellowship Program i
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of section 32** In this section, the term “section 32” means section 32 of the Act of August 24, 1935 ([7 U.S.C. 612c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section612c&num=0&edition=prelim)).
**(b) Transfer to Food and Nutrition Service**
(1) **In general** — Amounts made available for a fiscal year to carry out section 32 in excess of the maximum amount calculated under paragraph (2) shall be transferred to the Secretary, acting through the Administrator of the Food and Nutrition Service, to be used to carry out 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.) 11 So in original. Probably should be followed by a comma. except section 21 [[42 U.S.C. 1769b–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1769b–1&num=0&edition=prelim)], 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.), except sections 17 and 21 [[42 U.S.C. 1786](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1786&num=0&edition=prelim), 1790]”.
(2) **Maximum amount** — The maximum amount calculated under this paragraph for a fiscal year is the sum of—
(A)
(i) in the case of fiscal year 2009, $1,173,000,000;
(ii) in the case of fiscal year 2010, $1,199,000,000;
(iii) in the case of fiscal year 2011, $1,215,000,000;
(iv) in the case of fiscal year 2012, $1,231,000,000;
(v) in the case of fiscal year 2013, $1,248,000,000;
(vi) in the case of fiscal year 2014, $1,266,000,000;
(vii) in the case of fiscal year 2015, $1,284,00
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1751
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Federal law — U.S. Code and appendices · legal_authorities
Page 4888
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1755
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 108–265, title V, § 502, June 30, 2004, 118 Stat.
789, as amended by Pub. L. 108–447, div. A, title VII,
§ 788(f), Dec. 8, 2004, 118 Stat. 2851, provided that:
‘‘(a) IN GENERAL.—Except as otherwise provided in
this Act [see Short Title of 2004 Amendment note set
out under section 1751 of this title], this Act and the
amendments made by this Act take effect on the date
of enactment of this Act [June 30, 2004].
‘‘(b) SPECIAL EFFECTIVE DATES.—
‘‘(1) JULY 1, 2004.—The amendments made by sec-
tions 106, 107, 126(c), and 201 [amending sections 1758,
1773, and 1776 of this title] take effect on July 1, 2004.
‘‘(2) OCTOBER 1, 2004.—The amendments made by sec-
tions 119(c), 119(g), 202(a), 203(a), 203(b), 203(c)(1),
203(c)(5), 203(e)(8), 203(e)(10), 203(e)(13), 203(f), 203(h)(1),
and 203(h)(2) [amending sections 1766, 1776, and 1786 of
this title] take effect on October 1, 2004.
‘‘(3) JANUARY 1, 2005.—The amendments made by sec-
tions 116(f)(1) and 116(f)(3) [amending section 1769 of
this title] take effect on January 1, 2005.
‘‘(4) JULY 1, 2005.—The amendments made by sec-
tions 102, 104 (other than section 104(a)(1)), 105, 111,
and 126(b) [amending sections 1396a, 1758, 1759a, and
1769c of this title and section 2020 of Title 7, Agri-
culture] take effect on July 1, 2005.
‘‘(5) OCTOBER 1, 2005.—The amendments made by sec-
tions 116(d) and 203(e)(9) [amending sections 1761 and
1786 of this title] take effect on October 1, 2005.’’
§ 1755. Direct expenditures for agricultural com-
modities and other foods
(a) Administrative expenses; nutritional edu-
cation; pilot projects; cash-in-lieu of commod-
itie
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1755
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Federal law — U.S. Code and appendices · legal_authorities
Page 4892
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1755a
1 So in original. Probably should be ‘‘Representatives’’.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by sections 802 and 819(h) of Pub. L. 97–35
effective July 1, 1981, and Oct. 1, 1981, respectively, see
section 820(a)(2), (4) of Pub. L. 97–35, set out as a note
under section 1753 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 95–627, § 14, Nov. 10, 1978, 92 Stat. 3625, pro-
vided that: ‘‘The provisions of this Act [enacting sec-
tion 1769c of this title, amending this section and sec-
tions 1757, 1760, 1761, 1762a, 1766, 1769, 1773, 1774, 1776,
1784, and 1786 of this title and enacting provisions set
out as notes under this section, sections 1751, 1773, and
1786 of this title], except sections 4, 5, and 8, shall be-
come effective October 1, 1978. The provisions of section
4 of this Act [amending section 1759a of this title] shall
become effective Jan[u]ary 1, 1979. The provisions of
sections 5 [amending this section and sections 1759a,
1761, and 1772 of this title] and 8 [amending section 1758
of this title] of this Act shall become effective July 1,
1979, except that the Secretary may make the nec-
essary changes in the income poverty guidelines for the
special supplemental food program under section 17 of
the Child Nutrition Act of 1966 [section 1786 of this
title] not earlier than October 1, 1978, and not later
than July 1, 1979.’’
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–166, § 19, Nov. 10, 1977, 91 Stat. 1345, pro-
vided that the amendment made by that section is ef-
fective July 1, 1977.
REDUCTION IN COMMODITY ASSISTANCE FOR FISCAL
YEAR ENDING SEPTEMBER 30, 1981
Pub. L. 96–499, title II, § 202(a), Dec. 5, 1980, 94 Stat.
2600, provided that for the fiscal year ending Se
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1755a
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