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

Page 5019 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1785 designated former pars. (1) and (2) as subpars. (A) and (B), respectively, in par. (3) substituted ‘‘Internal Rev- enue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text, and in par. (6) substituted ‘‘to have 1 or more mental or physical handicaps’’ for ‘‘to be mentally or physically handi- capped’’ and ‘‘for individuals with mental or physical handicaps’’ for ‘‘for mentally or physically handi- capped’’. 1987—Subsec. (c). Pub. L. 100–71 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘ ‘School’ means (A) any public or nonprofit pri- vate school of high school grade or under, including kindergarten and preschool programs operated by such school, (B) any public or licensed nonprofit private res- idential child care institution (including, but not lim- ited to, orphanages and homes for the mentally re- tarded, but excluding Job Corps Centers funded by the Department of Labor), and (C) with respect to the Com- monwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico. For purposes of clauses (A) and (B) of this subsection, the term ‘nonprofit’, when applied to any such private school or institution, means any such school or institu- tion which is exempt from tax under section 501(c)(3) of title 26. On July 1, 1988, and each July 1 thereafter, the Secretary shall adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.’’ 1986—Subsec. (c). Pub. L. 99–661, § 4205(b)(2), inserted ‘‘On July 1, 1988, and on each July 1 thereafter, the Sec- retary shall adjust the tuition limitation amount pre- scribed in clause (A) of the first sentence of this para- graph to reflect the changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.’’ Subsec. (c)(A). Pub. L. 99–500 and Pub. L. 99–591, which directed the amendment of subpar. (A) by strik- ing out ‘‘except private schools whose average yearly tuition exceeds $1,500 per child,’’ after ‘‘such school’’ was executed by striking out ‘‘except private schools whose average yearly tuition exceeds $2,000 per child,’’ after ‘‘such school’’ to reflect the probable intent of Congress and the intervening amendment of subpar. (A) by Pub. L. 99–661, § 4205(b)(2). See below. Pub. L. 99–661, § 4205(b)(1), substituted ‘‘$2,000’’ for ‘‘$1,500’’. 1981—Subsec. (c). Pub. L. 97–35 inserted exception for private schools whose average yearly tuition exceeds $1,500. 1980—Subsec. (c). Pub. L. 96–499 inserted ‘‘, but ex- cluding Job Corps Centers funded by the Department of Labor’’ after ‘‘mentally retarded’’. 1978—Subsec. (e). Pub. L. 95–627, § 10(c), substituted ‘‘from July 1 through June 30’’ for ‘‘determined in ac- cordance with regulations issued by the Secretary’’. Subsec. (f). Pub. L. 95–627, § 10(d)(3), added subsec. (f). 1977—Subsec. (e). Pub. L. 95–166 added subsec. (e). 1975—Subsec. (a). Pub. L. 94–105, § 15(c), included Trust Territory of Pacific Islands in definition of ‘‘State’’. Subsecs. (c) to (e). Pub. L. 94–105, § 17(b), struck out subsec. (c) which defined ‘‘Nonprofit private school’’ as any private school exempt from income tax under sec- tion 501(c)(3) of title 26, redesignated subsecs. (d) and (e) as (c) and (d) respectively, and in subsec. (c) as so redesignated, inserted definition of ‘‘School’’ any pub- lic or licensed nonprofit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded), and provision de- fining ‘‘nonprofit’’ as an exemption under section 501(c)(3) of title 26. 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 1987 AMENDMENT Amendment by Pub. L. 100–71 effective July 1, 1987, see section 101(c) of Pub. L. 100–71, set out as a note under section 1760 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by section 4205(b)(1) of Pub. L. 99–661 ap- plicable for fiscal year beginning Oct. 1, 1986, and each school year thereafter, and amendment by section 4205(b)(2) of Pub. L. 99–661 applicable for school year be- ginning July 1, 1988, and each school year thereafter, see section 4205(c) of Pub. L. 99–661, set out as a note under section 1760 of this title. Amendment by Pub. L. 99–500 and Pub. L. 99–591 effec- tive July 1, 1987, see section 325(c) of Pub. L. 99–500 and Pub. L. 99–591, set out as a note under section 1760 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 820(a)(3) of Pub. L. 97–35, set out as a note under section 1753 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–627 effective Oct. 1, 1978, see section 14 of Pub. L. 95–627, set out as a note under section 1755 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–166, § 20, Nov. 10, 1977, 91 Stat. 1346, pro- vided that the amendment made by that section is ef- fective July 1, 1977. § 1785. Accounts and records; availability for in- spection; authority to settle, adjust, or waive claims (a) States, State educational agencies, schools, and nonprofit institutions participating in programs under this chapter shall keep such accounts and records as may be necessary to en- able the Secretary to determine whether there has been compliance with this chapter and the regulations hereunder. Such accounts and records shall be available at any reasonable time for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of three years, as the Secretary determines is necessary. (b) With regard to any claim arising under this chapter or under the Richard B. Russell Na- tional School Lunch Act [42 U.S.C. 1751 et seq.], the Secretary shall have the authority to deter- mine the amount of, to settle and to adjust any such claim, and to compromise or deny such claim or any part thereof. The Secretary shall also have the authority to waive such claims if the Secretary determines that to do so would serve the purposes of either this chapter or the Richard B. Russell National School Lunch Act. Nothing contained in this subsection shall be construed to diminish the authority of the At- torney General of the United States under sec- tion 516 of title 28 to conduct litigation on be- half of the United States. (Pub. L. 89–642, § 16, Oct. 11, 1966, 80 Stat. 890; Pub. L. 97–35, title VIII, § 816, Aug. 13, 1981, 95 Stat. 531; Pub. L. 104–193, title VII, § 728, Aug. 22, 1996, 110 Stat. 2302; Pub. L. 106–78, title VII, § 752(b)(16), Oct. 22, 1999, 113 Stat. 1170.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsec. (b), is act June 4, 1946, ch. 281, 60 Page 5020 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1786 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. AMENDMENTS 1999—Subsec. (b). Pub. L. 106–78 substituted ‘‘Richard B. Russell National School Lunch Act’’ for ‘‘National School Lunch Act’’ in two places. 1996—Subsec. (a). Pub. L. 104–193 substituted ‘‘be available at any reasonable time’’ for ‘‘at all times be available’’. 1981—Pub. L. 97–35 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 820(a)(7)(C), of Pub. L. 97–35, set out as a note under section 1753 of this title. STUDY OF COST ACCOUNTING REQUIREMENTS Secretary prohibited from delaying or withholding or causing any State to delay or withhold payments for reimbursement of per meal costs on the basis of non- compliance with full cost accounting procedure unless and until the Secretary has studied additional per- sonnel and training needs of States, local school dis- tricts and schools resulting from imposition of require- ment to implement full cost accounting procedures, see section 21 of Pub. L. 94–105, set out as a note under sec- tion 1760 of this title. § 1786. Special supplemental nutrition program for women, infants, and children (a) Congressional findings and declaration of purpose Congress finds that substantial numbers of pregnant, postpartum, and breastfeeding women, infants, and young children from fami- lies with inadequate income are at special risk with respect to their physical and mental health by reason of inadequate nutrition or health care, or both. It is, therefore, the purpose of the program authorized by this section to provide, up to the authorization levels set forth in sub- section (g) of this section, supplemental foods and nutrition education, including breastfeeding promotion and support, through any eligible local agency that applies for participation in the program. The program shall serve as an adjunct to good health care, during critical times of growth and development, to prevent the occur- rence of health problems, including drug abuse, and improve the health status of these persons. (b) Definitions As used in this section— (1) ‘‘Breastfeeding women’’ means women up to one year postpartum who are breastfeeding their infants. (2) ‘‘Children’’ means persons who have had their first birthday but have not yet attained their fifth birthday. (3) ‘‘Competent professional authority’’ means physicians, nutritionists, registered nurses, dietitians, or State or local medically trained health officials, or persons designated by physicians or State or local medically trained health officials, in accordance with standards prescribed by the Secretary, as being competent professionally to evaluate nutritional risk. (4) ‘‘Costs of nutrition services and adminis- tration’’ or ‘‘nutrition services and adminis- tration’’ means costs that shall include, but not be limited to, costs for certification of eli- gibility of persons for participation in the pro- gram (including centrifuges, measuring boards, spectrophotometers, and scales used for the certification), food delivery, moni- toring, nutrition education, breastfeeding sup- port and promotion, outreach, startup costs, and general administration applicable to im- plementation of the program under this sec- tion, such as the cost of staff, transportation, insurance, developing and printing food in- struments, and administration of State and local agency offices. (5) ‘‘Infants’’ means persons under one year of age. (6) ‘‘Local agency’’ means a public health or welfare agency or a private nonprofit health or welfare agency, which, directly or through an agency or physician with which it has con- tracted, provides health services. The term shall include an Indian tribe, band, or group recognized by the Department of the Interior, the Indian Health Service of the Department of Health and Human Services, or an inter- tribal council or group that is an authorized representative of Indian tribes, bands, or groups recognized by the Department of the Interior. (7) NUTRITION EDUCATION.—The term ‘‘nutri- tion education’’ means individual and group sessions and the provision of material that are designed to improve health status and achieve positive change in dietary and physical activ- ity habits, and that emphasize the relation- ship between nutrition, physical activity, and health, all in keeping with the personal and cultural preferences of the individual. (8) ‘‘Nutritional risk’’ means (A) detrimental or abnormal nutritional conditions detectable by biochemical or anthropometric measure- ments, (B) other documented nutritionally re- lated medical conditions, (C) dietary defi- ciencies that impair or endanger health, (D) conditions that directly affect the nutritional health of a person, such as alcoholism or drug abuse, or (E) conditions that predispose per- sons to inadequate nutritional patterns or nu- tritionally related medical conditions, includ- ing, but not limited to, homelessness and mi- grancy. (9) ‘‘Plan of operation and administration’’ means a document that describes the manner in which the State agency intends to imple- ment and operate the program. (10) ‘‘Postpartum women’’ means women up to six months after termination of pregnancy. (11) ‘‘Pregnant women’’ means women deter- mined to have one or more fetuses in utero. (12) ‘‘Secretary’’ means the Secretary of Ag- riculture. (13) ‘‘State agency’’ means the health de- partment or comparable agency of each State; an Indian tribe, band, or group recognized by the Department of the Interior; an intertribal council or group that is the authorized rep- resentative of Indian tribes, bands, or groups recognized by the Department of the Interior; or the Indian Health Service of the Depart- ment of Health and Human Services.