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42 U.S.C. § 1755b — Pulse crop products

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42 U.S.C. § 1755b — Pulse crop products

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Source location: Title 42, Chapter 13, § 1755b; 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 pulse crop products available to schoolchildren, as recommended by the most recent Dietary Guidelines for Americans published under [section 5341 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5341&num=0&edition=prelim). **(b) Definitions** In this section: (1) **Eligible pulse crop** — The term “eligible pulse crop” means dry beans, dry peas, lentils, and chickpeas. (2) **Pulse crop product** — The term “pulse crop product” means a food product derived in whole or in part from an eligible pulse crop. **(c) Purchase of pulse crops and pulse crop 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)), subject to the availability of appropriations, the Secretary shall purchase eligible pulse crops and pulse crop 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, 2016, the Secretary shall conduct an evaluation of the activities conducted under subsection (c), including— (1) an evaluation of whether children participating in the school lunch and breakfast programs described in subsection (c) increased overall consumption of eligible pulse crops as a result of the activities; (2) an evaluation of which eligible pulse crops and pulse crop products are most acceptable for use in the school lunch and breakfast programs; (3) any recommendations of the Secretary regarding the integration of the use of pulse crop products in carrying out the school lunch and breakfast programs; (4) an evaluation of any change in the nutrient composition in the school lunch and breakfast programs due to the activities; and (5) 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 the Workforce of the House of Representative 11 So in original. Probably should be “Representatives”. a report describing the results of the evaluation. **(f) Authorization of appropriations** There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended.

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

42 U.S.C. § 1755 — Direct expenditures for agricultural commodities and other foods

**(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

42 U.S.C. § 1773 — School breakfast program

**(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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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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7 U.S.C. § 9001 — Implementation

**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title. **(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall— (1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that— (A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary— (i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and (ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture; (B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login; (C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of

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7 U.S.C. § 5341 — Structure of Council

**(a) In general** (1) **Establishment** — The President shall establish, within ninety days after October 22, 1990, a National Nutrition Monitoring Advisory Council. The Council shall assist in carrying out the purposes of this chapter, provide scientific and technical advice on the development and implementation of the coordinated program and comprehensive plan, and serve in an advisory capacity to the Secretaries. (2) **Membership** — The Council shall consist of nine voting members, of whom— (A) five members shall be appointed by the President based upon recommendations from the Secretaries; and (B) four members shall be appointed by Congress, of whom— (i) one shall be appointed by the Speaker of the House of Representatives; (ii) one shall be appointed by the minority leader of the House of Representatives; (iii) one shall be appointed by the President pro tempore of the Senate; and (iv) one shall be appointed by the minority leader of the Senate. (3) **Ex officio members** — The Council also shall include the joint chairpersons of the Board as ex officio nonvoting members. **(b) Selection criteria** Each person appointed to the Council shall be selected solely on the basis of an established record of distinguished service and shall be eminent in one of the following fields: (1) public health, including clinical dietetics, public health nutrition, epidemiology, clinical medicine, health education, or nutrition education; (2) nutrition monitoring research, including nutrition monitoring and surveillance, food consumption patterns, nutritional anthropology, community nutrition research, nutritional biochemistry, food composition analysis, survey statistics, dietary-intake methodology, or nutrition status methodology; or (3) food produ

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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. § 1755 — Direct expenditures for agricultural com-

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

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

42 U.S.C. § 1755b — Pulse crop products

Page 4893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1756 1 So in original. Probably should be ‘‘Representatives’’. date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. Section effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as an Effective Date of 2008 Amend- ment note under section 1161 of Title 2, The Congress. DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ means the Secretary of Agriculture, see section 8701 of Title 7, Agriculture. § 1755b. Pulse crop products (a) Purpose The purpose of this section is to encourage greater awareness and interest in the number and variety of pulse crop products available to schoolchildren, as recommended by the most re- cent Dietary Guidelines for Americans published under section 5341 of title 7. (b) Definitions In this section: (1) Eligible pulse crop The term ‘‘eligible pulse crop’’ means dry beans, dry peas, lentils, and chickpeas. (2) Pulse crop product The term ‘‘pulse crop product’’ means a food product derived in whole or in part from an el- igible pulse crop. (c) Purchase of pulse crops and pulse crop prod- ucts In addition to the commodities delivered under section 6 of the Richard B. Russell Na- tional School Lunch Act (42 U.S.C. 1755), subject to the availability of appropriations, the Sec- retary shall purchase eligible pulse crops and pulse crop products for use in— (1) the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (2) the school breakfast program established by section 1773 of this title. (d) Evaluation Not later than September 30, 2016, the Sec- retary shall conduct an evaluation of the

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