42 U.S.C. § 1788 — Team nutrition network

Page 5056 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1787 is to authorize the establishment of a grant program to encourage State demonstration projects designed to— ‘‘(1) provide resources to persons who are nutrition- ally at risk in the form of fresh nutritious unprepared foods (such as fruits and vegetables), from farmers’ markets; and ‘‘(2) expand the awareness and use of farmers’ mar- kets and increase sales at such markets.’’ STUDY OF NUTRITION SERVICES AND ADMINISTRATION FUNDING Pub. L. 100–237, § 8(c), Jan. 8, 1988, 101 Stat. 1741, di- rected Secretary to conduct a study of appropriateness of percentage of annual appropriation for the program required by 42 U.S.C. 1786(h)(1) to be made available for State and local agency costs for nutrition services and administration, and to report results of this study to Congress not later than Mar. 1, 1989, such study to in- clude an analysis of the impact in future years on per participant administrative costs if a substantial num- ber of States implement competitive bidding, rebate, direct distribution, or home delivery systems and to ex- amine the impact of percentage provided for nutrition services and administration on quality of such services. STUDY OF MEDICAID SAVINGS FOR NEWBORNS FROM WIC PROGRAM Pub. L. 100–237, § 10, Jan. 8, 1988, 101 Stat. 1741, di- rected Secretary of Agriculture to study medicaid sav- ings for newborns as result of prenatal participation by mothers in special supplemental food program under this section and to report study results to Congress by Feb. 1, 1990. Similar provisions were contained in Pub. L. 100–202, § 101(k) [title III], Dec. 22, 1987, 101 Stat. 1329–349. ACCOUNTABILITY FOR MIGRANT SERVICES Pub. L. 99–500, title III, § 348(b), Oct. 18, 1986, 100 Stat. 1783–366, Pub. L. 99–591, title III, § 348(b), Oct. 30, 1986, 100 Stat. 3341–369, and Pub. L. 99–661, div. D, title III, § 4308(b), Nov. 14, 1986, 100 Stat. 4078, provided that: ‘‘To the extent possible, accountability for migrant services under section 17(g)(2) of the Child Nutrition Act of 1966 [subsec. (g)(2) of this section] (as added by subsection (a)) shall be conducted under regulations in effect on the date of the enactment of this Act [Oct. 18, 1986].’’ § 1787. Repealed. Pub. L. 104–193, title VII, § 730, Aug. 22, 1996, 110 Stat. 2305 Section, Pub. L. 89–642, § 18, as added Pub. L. 94–105, § 23, Oct. 7, 1975, 89 Stat. 528, authorized appropriations and directed Secretary to make cash grants for nutri- tion education. § 1788. Team nutrition network (a) Purposes The purposes of the team nutrition network are— (1) to establish State systems to promote the nutritional health of school children of the United States through nutrition education and the use of team nutrition messages and mate- rial developed by the Secretary, and to en- courage regular physical activity and other activities that support healthy lifestyles for children, including those based on the most re- cent Dietary Guidelines for Americans pub- lished under section 5341 of title 7; (2) to provide assistance to States for the de- velopment of comprehensive and integrated nutrition education and active living pro- grams in schools and facilities that partici- pate in child nutrition programs; (3) to provide training and technical assist- ance and disseminate team nutrition messages to States, school and community nutrition programs, and child nutrition food service pro- fessionals; (4) to coordinate and collaborate with other nutrition education and active living pro- grams that share similar goals and purposes; and (5) to identify and share innovative pro- grams with demonstrated effectiveness in helping children to maintain a healthy weight by enhancing student understanding of health- ful eating patterns and the importance of reg- ular physical activity. (b) Definition of team nutrition network In this section, the term ‘‘team nutrition net- work’’ means a statewide multidisciplinary pro- gram for children to promote healthy eating and physical activity based on scientifically valid information and sound educational, social, and marketing principles. (c) Grants (1) In general Subject to the availability of funds for use in carrying out this section, in addition to any other funds made available to the Secretary for team nutrition purposes, the Secretary, in consultation with the Secretary of Education, may make grants to State agencies for each fiscal year, in accordance with this section, to establish team nutrition networks to promote nutrition education through— (A) the use of team nutrition network mes- sages and other scientifically based informa- tion; and (B) the promotion of active lifestyles. (2) Form A portion of the grants provided under this subsection may be in the form of competitive grants. (3) Funds from nongovernmental sources In carrying out this subsection, the Sec- retary may accept cash contributions from nongovernmental organizations made ex- pressly to further the purposes of this section, to be managed by the Food and Nutrition Service, for use by the Secretary and the States in carrying out this section. (d) Allocation Subject to the availability of funds for use in carrying out this section, the total amount of funds made available for a fiscal year for grants under this section shall equal not more than the sum of— (1) the product obtained by multiplying 1⁄2 cent by the number of lunches reimbursed through food service programs under the Rich- ard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) during the second preceding fiscal year in schools, institutions, and service institutions that participate in the food serv- ice programs; and (2) the total value of funds received by the Secretary in support of this section from non- governmental sources. (e) Requirements for State participation To be eligible to receive a grant under this section, a State agency shall submit to the Sec- retary a plan that— Page 5057 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1788 (1) is subject to approval by the Secretary; and (2) is submitted at such time and in such manner, and that contains such information, as the Secretary may require, including— (A) a description of the goals and proposed State plan for addressing the health and other consequences of children who are at risk of becoming overweight or obese; (B) an analysis of the means by which the State agency will use and disseminate the team nutrition messages and material devel- oped by the Secretary; (C) an explanation of the ways in which the State agency will use the funds from the grant to work toward the goals required under subparagraph (A), and to promote healthy eating and physical activity and fit- ness in schools throughout the State; (D) a description of the ways in which the State team nutrition network messages and activities will be coordinated at the State level with other health promotion and edu- cation activities; (E) a description of the consultative proc- ess that the State agency employed in the development of the model nutrition and physical activity programs, including con- sultations with individuals and organiza- tions with expertise in promoting public health, nutrition, or physical activity; (F) a description of how the State agency will evaluate the effectiveness of each pro- gram developed by the State agency; (G) an annual summary of the team nutri- tion network activities; (H) a description of the ways in which the total school environment will support healthy eating and physical activity; and (I) a description of how all communica- tions to parents and legal guardians of stu- dents who are members of a household re- ceiving or applying for assistance under the program shall be in an understandable and uniform format and, to the maximum extent practicable, in a language that parents and legal guardians can understand. (f) State coordinator Each State that receives a grant under this section shall appoint a team nutrition network coordinator who shall— (1) administer and coordinate the team nu- trition network within and across schools, school food authorities, and other child nutri- tion program providers in the State; and (2) coordinate activities of the Secretary, acting through the Food and Nutrition Serv- ice, and State agencies responsible for other children’s health, education, and wellness pro- grams to implement a comprehensive, coordi- nated team nutrition network program. (g) Authorized activities A State agency that receives a grant under this section may use funds from the grant— (1)(A) to collect, analyze, and disseminate data regarding the extent to which children and youths in the State are overweight, phys- ically inactive, or otherwise suffering from nu- trition-related deficiencies or disease condi- tions; and (B) to identify the programs and services available to meet those needs; (2) to implement model elementary and sec- ondary education curricula using team nutri- tion network messages and material developed by the Secretary to create a comprehensive, coordinated nutrition and physical fitness awareness and obesity prevention program; (3) to implement pilot projects in schools to promote physical activity and to enhance the nutritional status of students; (4) to improve access to local foods through farm-to-cafeteria activities that may include the acquisition of food and the provision of training and education; (5) to implement State guidelines in health (including nutrition education and physical education guidelines) and to emphasize reg- ular physical activity during school hours; (6) to establish healthy eating and lifestyle policies in schools; (7) to provide training and technical assist- ance to teachers and school food service pro- fessionals consistent with the purposes of this section; (8) to collaborate with public and private or- ganizations, including community-based orga- nizations, State medical associations, and public health groups, to develop and imple- ment nutrition and physical education pro- grams targeting lower income children, ethnic minorities, and youth at a greater risk for obesity. (h) Local nutrition and physical activity grants (1) In general Subject to the availability of funds to carry out this subsection, the Secretary, in con- sultation with the Secretary of Education, shall provide assistance to selected local edu- cational agencies to create healthy school nu- trition environments, promote healthy eating habits, and increase physical activity, con- sistent with the Dietary Guidelines for Ameri- cans published under section 5341 of title 7, among elementary and secondary education students. (2) Selection of schools In selecting local educational agencies for grants under this subsection, the Secretary shall— (A) provide for the equitable distribution of grants among— (i) urban, suburban, and rural schools; and (ii) schools with varying family income levels; (B) consider factors that affect need, in- cluding local educational agencies with sig- nificant minority or low-income student populations; and (C) establish a process that allows the Sec- retary to conduct an evaluation of how funds were used. (3) Requirement for participation To be eligible to receive assistance under this subsection, a local educational agency shall, in consultation with individuals who possess education or experience appropriate Page 5058 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1788 for representing the general field of public health, including nutrition and fitness profes- sionals, submit to the Secretary an applica- tion that shall include— (A) a description of the need of the local educational agency for a nutrition and phys- ical activity program, including an assess- ment of the nutritional environment of the school; (B) a description of how the proposed project will improve health and nutrition through education and increased access to physical activity; (C) a description of how the proposed project will be aligned with the local wellness policy required under section 204 of the Child Nutrition and WIC Reauthoriza- tion Act of 2004; (D) a description of how funds under this subsection will be coordinated with other programs under this chapter, the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), or other Acts, as appro- priate, to improve student health and nutri- tion; (E) a statement of the measurable goals of the local educational agency for nutrition and physical education programs and pro- motion; (F) a description of the procedures the agency will use to assess and publicly report progress toward meeting those goals; and (G) a description of how communications to parents and guardians of participating students regarding the activities under this subsection shall be in an understandable and uniform format, and, to the extent max- imum practicable, in a language that par- ents can understand. (4) Duration Subject to the availability of funds made available to carry out this subsection, a local educational agency receiving assistance under this subsection shall conduct the project dur- ing a period of 3 successive school years begin- ning with the initial fiscal year for which the local educational agency receives funds. (5) Authorized activities An eligible applicant that receives assist- ance under this subsection— (A) shall use funds provided to— (i) promote healthy eating through the development and implementation of nutri- tion education programs and curricula based on the Dietary Guidelines for Ameri- cans published under section 5341 of title 7; and (ii) increase opportunities for physical activity through after school programs, athletics, intramural activities, and re- cess; and (B) may use funds provided to— (i) educate parents and students about the relationship of a poor diet and inac- tivity to obesity and other health prob- lems; (ii) develop and implement physical edu- cation programs that promote fitness and lifelong activity; (iii) provide training and technical as- sistance to food service professionals to develop more appealing, nutritious menus and recipes; (iv) incorporate nutrition education into physical education, health education, and after school programs, including athletics; (v) involve parents, nutrition profes- sionals, food service staff, educators, com- munity leaders, and other interested par- ties in assessing the food options in the school environment and developing and implementing an action plan to promote a balanced and healthy diet; (vi) provide nutrient content or nutri- tion information on meals served through the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program estab- lished by section 1773 of this title and items sold a la carte during meal times; (vii) encourage the increased consump- tion of a variety of healthy foods, includ- ing fruits, vegetables, whole grains, and low-fat dairy products, through new initia- tives to creatively market healthful foods, such as salad bars and fruit bars; (viii) offer healthy food choices outside program meals, including by making low- fat and nutrient dense options available in vending machines, school stores, and other venues; and (ix) provide nutrition education, includ- ing sports nutrition education, for teach- ers, coaches, food service staff, athletic trainers, and school nurses. (6) Report Not later than 18 months after completion of the projects and evaluations under this sub- section, the Secretary shall— (A) submit to the Committee on Education and the Workforce of the House of Rep- resentatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Agriculture, Nutrition and Forestry of the Senate a report describing the results of the evaluation under this sub- section; and (B) make the report available to the pub- lic, including through the Internet. (i) Nutrition education support In carrying out the purpose of this section to support nutrition education, the Secretary may provide for technical assistance and grants to improve the quality of school meals and access to local foods in schools and institutions. (j) Limitation Material prepared under this section regarding agricultural commodities, food, or beverages, must be factual and without bias. (k) Team nutrition network independent evalua- tion (1) In general Subject to the availability of funds to carry out this subsection, the Secretary shall offer to enter into an agreement with an inde- pendent, nonpartisan, science-based research organization— Page 5059 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1788 (A) to conduct a comprehensive inde- pendent evaluation of the effectiveness of the team nutrition initiative and the team nutrition network under this section; and (B) to identify best practices by schools in— (i) improving student understanding of healthful eating patterns; (ii) engaging students in regular physical activity and improving physical fitness; (iii) reducing diabetes and obesity rates in school children; (iv) improving student nutrition behav- iors on the school campus, including by in- creasing healthier meal choices by stu- dents, as evidenced by greater inclusion of fruits, vegetables, whole grains, and lean dairy and protein in meal and snack selec- tions; (v) providing training and technical as- sistance for food service professionals re- sulting in the availability of healthy meals that appeal to ethnic and cultural taste preferences; (vi) linking meals programs to nutrition education activities; (vii) successfully involving parents, school administrators, the private sector, public health agencies, nonprofit organiza- tions, and other community partners; (viii) ensuring the adequacy of time to eat during school meal periods; and (ix) successfully generating revenue through the sale of food items, while pro- viding healthy options to students through vending, student stores, and other venues. (2) Report Not later than 3 years after funds are made available to carry out this subsection, the Sec- retary shall submit to the Committee on Edu- cation and the Workforce of the House of Rep- resentatives, the Committee on Health, Edu- cation, Labor, and Pensions and the Com- mittee on Agriculture, Nutrition, and For- estry of the Senate a report describing the findings of the independent evaluation. (l) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 89–642, § 19, as added Pub. L. 95–166, § 15, Nov. 10, 1977, 91 Stat. 1340; amended Pub. L. 96–499, title II, § 213, Dec. 5, 1980, 94 Stat. 2603; Pub. L. 97–35, title VIII, §§ 806, 817(f), Aug. 13, 1981, 95 Stat. 527, 532; Pub. L. 99–500, title III, §§ 315, 362, 372(b), 373(b), Oct. 18, 1986, 100 Stat. 1783–360, 1783–368, 1783–369, and Pub. L. 99–591, title III, §§ 315, 362, 372(b), 373(b), Oct. 30, 1986, 100 Stat. 3341–363, 3341–371, 3341–372; Pub. L. 99–661, div. D, title I, § 4105, title IV, § 4402, title V, §§ 4502(b), 4503(b), Nov. 14, 1986, 100 Stat. 4071, 4079–4081; Pub. L. 101–147, title I, § 124, title II, § 214, title III, § 327, Nov. 10, 1989, 103 Stat. 905, 913, 918; Pub. L. 103–448, title II, § 205, Nov. 2, 1994, 108 Stat. 4746; Pub. L. 104–193, title VII, § 731(a)–(f), Aug. 22, 1996, 110 Stat. 2305–2307; Pub. L. 105–336, title II, § 204, Oct. 31, 1998, 112 Stat. 3167; Pub. L. 106–78, title VII, § 752(b)(16), Oct. 22, 1999, 113 Stat. 1170; Pub. L. 108–265, title II, § 205(a), June 30, 2004, 118 Stat. 782.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsecs. (d)(1) and (h)(3)(D), (5)(B)(vi), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables. Section 204 of the Child Nutrition and WIC Reauthor- ization Act of 2004, referred to in subsec. (h)(3)(C), is section 204 of Pub. L. 108–265, which is set out as a note under section 1751 of this title. CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 2004—Pub. L. 108–265 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) to (i) relating to the establishment of a system of grants to State educational agencies for the development of comprehensive nutrition education and training programs, which would include, but not be limited to, instructing students with regard to the nu- tritional value of foods and the relationship between food and health, training child nutrition program per- sonnel in the principles and practices of food service management, instructing teachers in principles of nu- trition education, developing and using classroom ma- terials and curricula, and providing information to par- ents and caregivers regarding the nutritional value of food and the relationship between food and health. 1999—Subsec. (d). Pub. L. 106–78 made technical amendment to references in original act which appear in text as references to sections 1761 and 1769b–1 of this title. 1998—Subsec. (i). Pub. L. 105–336 inserted subsec. heading and par. (1)(A) and struck out former subsec. heading and pars. (1) to (3)(A) which provided for grants to States for nutrition education and information pro- grams based on rate of 50 cents for each child enrolled in schools, minimum amounts to be received by States, and authorizations of appropriations; redesignated par. (3)(B) as (1)(B); and redesignated pars. (4) and (5) as (2) and (3), respectively. 1996—Subsec. (a). Pub. L. 104–193, § 731(a)(1), sub- stituted ‘‘that effective dissemination of scientifically valid information to children participating or eligible to participate in the school lunch and related child nu- trition programs should be encouraged.’’ for ‘‘that—’’ and pars. (1) to (5) which related to priority of proper nutrition, lack of understanding of principles of good nutrition, training school employees, role of parents, and opportunities for children to learn about impor- tance of good nutrition. Subsec. (b). Pub. L. 104–193, § 731(a)(2), substituted ‘‘establish’’ for ‘‘encourage effective dissemination of scientifically valid information to children partici- pating or eligible to participate in the school lunch and related child nutrition programs by establishing’’. Subsec. (f)(1). Pub. L. 104–193, § 731(b)(1)(B), struck out ‘‘(A)’’ before ‘‘The funds made available’’ in introduc- tory provisions, redesignated cls. (i) to (viii) and (xx) as subpars. (A) to (H) and (I), respectively, added subpar. (J), and struck out cls. (ix) to (xix) which related to use of funds for a nutrition component usable in consumer, homemaking and health education programs, instruct- ing staff on working with children from different back- grounds, developing means of providing nutrition edu- cation in materials to children through after-school programs, training about healthy and nutritious meals, creating instructional programming for school staff and parents, aspects of the Strategic Plan for Nutrition and Education, encouraging public service advertise- ments, coordinating and promoting nutrition activities in local school districts, contracting with public and private nonprofit educational institutions for nutrition Page 5060 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1788 education, increasing awareness of importance of breakfasts, and coordinating and promoting nutrition education under child nutrition programs. Pub. L. 104–193, § 731(b)(1)(A), struck out subpar. (B) which read as follows: ‘‘As used in this paragraph, the term ‘language appropriate’ used with respect to mate- rials, programming, or advertisements means mate- rials, programming, or advertisements, respectively, using a language other than the English language in a case in which the language is dominant for a large per- centage of individuals participating in the program.’’ Subsec. (f)(2), (3). Pub. L. 104–193, § 731(b)(2), (3), redes- ignated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘Any State desiring to receive grants authorized by this section may, from the funds appropriated to carry out this section, receive a plan- ning and assessment grant for the purposes of carrying out the responsibilities described in clauses (A), (B), (C), and (D) of paragraph (1) of this subsection. Any State receiving a planning and assessment grant, may, during the first year of participation, be advanced a portion of the funds necessary to carry out such respon- sibilities: Provided, That in order to receive additional funding, the State must carry out such responsibil- ities.’’ Subsec. (f)(4). Pub. L. 104–193, § 731(b)(2), struck out par. (4) which read as follows: ‘‘Nothing in this section shall prohibit State or local educational agencies from making available or distributing to adults nutrition education materials, resources, activities, or programs authorized under this section.’’ Subsec. (g)(1). Pub. L. 104–193, § 731(c), substituted ‘‘be available at any reasonable time’’ for ‘‘at all times be available’’ in second sentence. Subsec. (h)(1). Pub. L. 104–193, § 731(d)(1), in second sentence, struck out ‘‘as provided in paragraph (2) of this subsection’’ after ‘‘needs in the State’’ and ‘‘as provided in paragraph (3) of this subsection’’ after ‘‘pre- pare a State plan’’. Subsec. (h)(2). Pub. L. 104–193, § 731(d)(2), struck out at end ‘‘Such assessment shall include, but not be limited to, the identification and location of all students in need of nutrition education. The assessment shall also identify State and local individual, group, and institu- tional resources within the State for materials, facili- ties, staffs, and methods related to nutrition edu- cation.’’ Subsec. (h)(3). Pub. L. 104–193, § 731(d)(3), struck out par. (3) which related to comprehensive nutrition edu- cation plan to be submitted by State coordinator with- in 9 months of award of planning and assessment grant and reviews in light of plan. Subsec. (i)(2)(A). Pub. L. 104–193, § 731(e)(1), struck out ‘‘and each succeeding fiscal year’’ after ‘‘fiscal year 1996’’. Subsec. (i)(3) to (5). Pub. L. 104–193, § 731(e)(2), (3), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Subsec. (j). Pub. L. 104–193, § 731(f), struck out subsec. (j) which read as follows: ‘‘(1) The Secretary shall assess the nutrition edu- cation and training program carried out under this sec- tion to determine what nutrition education needs are for children participating under the National School Lunch Act in the school lunch program, the summer food service program, and the child care food program. ‘‘(2) The assessment required by paragraph (1) shall be completed not later than October 1, 1990.’’ 1994—Subsec. (b). Pub. L. 103–448, § 205(a), substituted ‘‘education and training programs’’ for ‘‘information and education programs’’. Subsec. (c). Pub. L. 103–448, § 205(a), (b), substituted ‘‘education and training program’’ for ‘‘information and education program’’ in first sentence, substituted ‘‘child nutrition program personnel’’ for ‘‘school food service personnel’’ in subpar. (B), and added subpar. (E). Subsec. (d)(1). Pub. L. 103–448, § 205(a), (c)(1), sub- stituted ‘‘education and training program’’ for ‘‘infor- mation and education program’’ in introductory provi- sions and inserted ‘‘, and the provision of nutrition education to parents and caregivers’’ before period at end of subpar. (C). Subsec. (d)(4). Pub. L. 103–448, § 205(c)(2), substituted ‘‘educational, school food service, child care, and sum- mer food service personnel’’ for ‘‘educational and school food service personnel’’. Subsec. (d)(5). Pub. L. 103–448, § 205(c)(3), in first sen- tence inserted ‘‘, and in child care institutions and summer food service institutions,’’ after ‘‘schools’’. Subsec. (f)(1)(A). Pub. L. 103–448, § 205(d)(1), designated existing provisions of par. (1) as subpar. (A). Former subpar. (A) redesignated cl. (i). Subsec. (f)(1)(A)(i) to (viii). Pub. L. 103–448, § 205(d)(2)–(4), redesignated subpars. (A) to (H) as cls. (i) to (viii), respectively, of subpar. (A) and realigned mar- gins. Subsec. (f)(1)(A)(ix). Pub. L. 103–448, § 205(d)(5), (7), added cl. (ix). Former cl. (ix) redesignated (xx). Pub. L. 103–448, § 205(d)(3), (4), redesignated subpar. (I) as cl. (ix) of subpar. (A) and realigned margins. Subsec. (f)(1)(A)(x) to (xix). Pub. L. 103–448, § 205(d)(7), added cls. (x) to (xix). Subsec. (f)(1)(A)(xx). Pub. L. 103–448, § 205(d)(6), redes- ignated cl. (ix) as (xx). Subsec. (f)(1)(B). Pub. L. 103–448, § 205(d)(8), added sub- par. (B). Former subpar. (B) redesignated cl. (ii) of sub- par. (A). Subsec. (f)(1)(C) to (F). Pub. L. 103–448, § 205(d)(3), re- designated subpars. (C) to (F) as cls. (iii) to (vi) of sub- par. (A). Subsec. (f)(1)(G). Pub. L. 103–448, § 205(d)(3), redesig- nated subpar. (G) as cl. (vii) of subpar. (A). Pub. L. 103–448, § 205(a), substituted ‘‘education and training’’ for ‘‘information and education’’. Subsec. (f)(1)(H), (I). Pub. L. 103–448, § 205(d)(3), redes- ignated subpars. (H) and (I) as cls. (viii) and (ix), re- spectively, of subpar. (A). Subsec. (f)(3). Pub. L. 103–448, § 205(e), added par. (3) and struck out former par. (3) which read as follows: ‘‘An amount not to exceed 15 percent of each State’s grant may be used for up to 50 percent of the expendi- tures for overall administrative and supervisory pur- poses in connection with the program authorized under this section.’’ Subsec. (h). Pub. L. 103–448, § 205(f), substituted ‘‘nu- trition education and training needs’’ for ‘‘nutrition education needs’’ in par. (2) and added subpar. (F) in par. (3). Subsec. (i)(2)(A). Pub. L. 103–448, § 205(g), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘There is authorized to be appropriated for grants to each State for the conduct of nutrition education and information programs— ‘‘(i) $10,000,000 for the fiscal year 1990; ‘‘(ii) $15,000,000 for the fiscal year 1991; ‘‘(iii) $20,000,000 for the fiscal year 1992; and ‘‘(iv) $25,000,000 for each of the fiscal years 1993 and 1994.’’ Subsec. (i)(3), (4). Pub. L. 103–448, § 205(h), added par. (3) and redesignated former par. (3) as (4). Subsec. (j)(1). Pub. L. 103–448, § 205(a), substituted ‘‘education and training program’’ for ‘‘information and education program’’. 1989—Subsec. (d)(1)(B). Pub. L. 101–147, § 124(1)(A)(i), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘the food service manage- ment training of school food service personnel, and’’. Subsec. (d)(1)(C). Pub. L. 101–147, § 124(1)(A)(ii), sub- stituted ‘‘schools, child care institutions, and institu- tions offering summer food service programs under sec- tion 13 of the National School Lunch Act’’ for ‘‘schools and child care institutions’’. Subsec. (d)(2). Pub. L. 101–147, §§ 124(1)(B), 327(1)(A), substituted ‘‘recommendations of State educational agencies, the Department of Health and Human Serv- ices, and other’’ for ‘‘recommendation of the National Advisory Council on Child Nutrition; State educational agencies; the Department of Health and Human Serv- ices; and other’’. Subsec. (d)(4). Pub. L. 101–147, §§ 124(1)(C), 327(1)(B), struck out ‘‘(12 Stat. 503, as amended; 7 U.S.C. 301–305, Page 5061 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1789 307 and 308)’’ after ‘‘Act of July 2, 1862’’ and ‘‘(26 Stat. 417, as amended; 7 U.S.C. 321–326 and 328)’’ after ‘‘Act of August 30, 1890’’ and inserted ‘‘, in coordination with the activities authorized under section 21 of the Na- tional School Lunch Act’’. Subsec. (d)(5). Pub. L. 101–147, § 327(1)(C), struck out ‘‘(12 Stat. 503, as amended; 7 U.S.C. 301–305, 307, and 308)’’ after ‘‘Act of July 2, 1862’’ and ‘‘(26 Stat. 417, as amended; 7 U.S.C. 321–326 and 328)’’ after ‘‘act of August 30, 1890’’. Subsec. (h)(3). Pub. L. 101–147, § 327(2), in subpar. (E), struck out ‘‘(12 Stat. 503; 7 U.S.C. 301–305, 307, and 308)’’ after ‘‘Act of July 2, 1862’’ and ‘‘(26 Stat. 417, as amend- ed; 7 U.S.C. 321–326 and 328)’’ after ‘‘act of August 30, 1890’’. Pub. L. 101–147, § 214, inserted at end ‘‘Each plan de- veloped as required by this section shall be updated on an annual basis.’’ Pub. L. 101–147, § 124(2), in subpar. (C), struck out ‘‘the National Advisory Council on Child Nutrition,’’ after ‘‘recommendations of’’. Subsec. (i)(2). Pub. L. 101–147, § 124(3), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘For the fiscal year ending September 30, 1980, and for each succeeding fiscal year ending on or before Sep- tember 30, 1989, there is hereby authorized to be appro- priated for grants to each State for the conduct of nu- trition education and information programs, an amount equal to the higher of (A) 50 cents for each child enrolled in schools or in institutions within each State, or (B) $50,000 for each State. There is authorized to be appropriated for the grants referred to in the pre- ceding sentence not more than $15,000,000 for fiscal year 1981, and not more than $5,000,000 for each subsequent fiscal year. Grants to each State from such appropria- tions shall be based on a rate of 50 cents for each child enrolled in schools or in institutions within such State, except that no State shall receive an amount less than $50,000 for that year. If funds appropriated for such year are insufficient to pay the amount to which each State is entitled under the second preceding sentence, the amount of such grant shall be ratably reduced to the extent necessary so that the total of such amounts paid does not exceed the amount of appropriated funds. If additional funds become available for making such pay- ments, such amounts shall be increased on the same basis as they were reduced.’’ Subsec. (j). Pub. L. 101–147, § 124(4), added subsec. (j). 1986—Subsec. (d)(2), (3). Pub. L. 99–500 and Pub. L. 99–591, § 372(b)(1), and Pub. L. 99–661, § 4502(b)(1), amend- ed pars. (2) and (3) identically, substituting ‘‘Health and Human Services’’ for ‘‘Health, Education, and Wel- fare’’ in one place in par. (2) and in two places in par. (3). Subsecs. (i), (j). Pub. L. 99–500 and Pub. L. 99–591, §§ 315, 362, 372(b)(2), 373(b), and Pub. L. 99–661, §§ 4105, 4402, 4502(b)(2), 4503(b), amended section identically, re- designating subsec. (j) as (i), substituting ‘‘1989’’ for ‘‘1984’’ in one place and ‘‘$50,000’’ for ‘‘$75,000’’ in two places in par. (2), and substituting ‘‘Department of Edu- cation’’ for ‘‘Office of Education of the Department of Health, Education, and Welfare’’ in par. (3). 1981—Subsec. (d)(6). Pub. L. 97–35, § 817(f), struck out par. (6) relating to State prohibition on administration of program in nonprofit private schools and institu- tions. Subsec. (j)(2). Pub. L. 97–35, § 806, substituted provi- sions authorizing $15,000,000 for fiscal year 1981 and not more than $5,000,000 for each subsequent fiscal year for provisions authorizing $15,000,000 for the fiscal year be- ginning Oct. 1, 1980, and each subsequent fiscal year. 1980—Subsec. (j)(2). Pub. L. 96–499 substituted ‘‘For the fiscal year ending September 30, 1980, and for each succeeding fiscal year ending on or before September 30, 1984’’ for ‘‘For the fiscal year beginning October 1, 1979’’ and ‘‘second preceding sentence’’ for ‘‘preceding sentence’’ and inserted provision authorizing appro- priations for the fiscal year beginning October 1, 1980, and subsequent fiscal years, for the grants referred to in the preceding sentence, not more than $15,000,000. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–336 effective Oct. 1, 1998, see section 401 of Pub. L. 105–336, set out as a note under section 1755 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–193, title VII, § 731(g), Aug. 22, 1996, 110 Stat. 2307, provided that: ‘‘The amendments made by subsection (e) [amending this section] shall become ef- fective on October 1, 1996.’’ EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–448 effective Oct. 1, 1994, see section 401 of Pub. L. 103–448, set out as a note under section 1755 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 820(a)(4) of Pub. L. 97–35, set out as a note under section 1753 of this title. § 1789. Department of Defense overseas depend- ents’ schools (a) Purpose of program; availability of payments and commodities For the purpose of obtaining Federal pay- ments and commodities in conjunction with the provision of breakfasts to students attending Department of Defense dependents’ schools which are located outside the United States, its territories or possessions, the Secretary of Agri- culture shall make available to the Department of Defense, from funds appropriated for such purpose, the same payments and commodities as are provided to States for schools participating in the school breakfast program in the United States. (b) Administration of program; eligibility deter- minations and regulations The Secretary of Defense shall administer breakfast programs authorized by this section and shall determine eligibility for free and re- duced-price breakfasts under the criteria pub- lished by the Secretary of Agriculture, except that the Secretary of Defense shall prescribe regulations governing computation of income eligibility standards for families of students par- ticipating in the school breakfast program under this section. (c) Nutritional standards for meals; noncompli- ance with standards The Secretary of Defense shall be required to offer meals meeting nutritional standards pre- scribed by the Secretary of Agriculture; how- ever, the Secretary of Defense may authorize de- viations from Department of Agriculture pre- scribed meal patterns and fluid milk require- ments when local conditions preclude strict compliance or when such compliance is highly impracticable. (d) Authorization of appropriations Funds are hereby authorized to be appro- priated for any fiscal year in such amounts as may be necessary for the administrative ex- penses of the Department of Defense under this section. (e) Technical assistance for administration of program The Secretary of Agriculture shall provide the Secretary of Defense with technical assistance