42 U.S.C. § 1755a — Whole grain products

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 Sept. 30, 1981, the national average value of donated foods or cash payments in lieu thereof, as determined under subsec. (e) of this section, shall be reduced by 2 cents, prior to repeal by Pub. L. 97–35, title VIII, § 820(b)(2), Aug. 13, 1981, 95 Stat. 535, effective July 1, 1981. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE Pub. L. 93–13, § 1, Mar. 30, 1973, 87 Stat. 9, provided that: ‘‘The Congress finds that the volume and variety of Federal food donations to the school lunch and child nutrition programs are significantly below the amounts programed and budgeted for the fiscal year ending June 30, 1973, and that schools participating in these programs are confronted with serious financial problems in obtaining sufficient supplies of the foods required to meet the nutritional standards established by law for these programs. It is, therefore, the purpose of this Act [amending this section] to provide an effec- tive and immediate solution to this nutritional crisis.’’ § 1755a. Whole grain products (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 Die- tary 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 Na- tional School Lunch Act (42 U.S.C. 1755), 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 et seq.); and (2) the school breakfast program established by section 1773 of this title. (d) Evaluation Not later than September 30, 2011, the Sec- retary shall conduct an evaluation of the activi- ties conducted under subsection (c) that in- cludes— (1) an evaluation of whether children partici- pating in the school lunch and breakfast pro- grams 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 pro- grams; (3) any recommendations of the Secretary regarding the integration of whole grain prod- ucts in the school lunch and breakfast pro- grams; and (4) an evaluation of any other outcomes de- termined to be appropriate by the Secretary. (e) Report As soon as practicable after the completion of the evaluation under subsection (d), the Sec- retary shall submit to the Committee on Agri- culture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representative 1 a report describing the results of the evaluation. (Pub. L. 110–234, title IV, § 4305, May 22, 2008, 122 Stat. 1131; Pub. L. 110–246, § 4(a), title IV, § 4305, June 18, 2008, 122 Stat. 1664, 1892.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsec. (c), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Food, Conserva- tion, and Energy Act of 2008, and not as part of the Richard B. Russell National School Lunch Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the 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 activi- ties conducted under subsection (c), including— (1) an evaluation of whether children partici- pating in the school lunch and breakfast pro- grams 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 accept- able 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 nutri- ent composition in the school lunch and breakfast programs due to the activities; and (5) an evaluation of any other outcomes de- termined to be appropriate by the Secretary. (e) Report As soon as practicable after the completion of the evaluation under subsection (d), the Sec- retary shall submit to the Committee on Agri- culture, Nutrition, and Forestry of the Senate and the Committee on Education and the Work- force of the House of Representative 1 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. (Pub. L. 113–79, title IV, § 4213, Feb. 7, 2014, 128 Stat. 830.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsec. (c)(1), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables. CODIFICATION Section was enacted as part of the Agricultural Act of 2014, and not as part of the Richard B. Russell Na- tional School Lunch Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ means the Secretary of Agriculture, see section 9001 of Title 7, Agriculture. § 1756. Payments to States (a) State revenue matching requirements; special provisions for lower than average income per capita States (1) Funds appropriated to carry out section 1753 of this title during any fiscal year shall be available for payment to the States for disburse- ment by State educational agencies in accord- ance with such agreements, not inconsistent with the provisions of this chapter, as may be entered into by the Secretary and such State educational agencies for the purpose of assisting schools within the States in obtaining agricul- tural commodities and other foods for consump- tion by children in furtherance of the school lunch program authorized under this chapter. For any school year, such payments shall be made to a State only if, during such school year, the amount of the State revenues (excluding State revenues derived from the operation of the program) appropriated or used specifically for program purposes (other than any State reve- nues expended for salaries and administrative expenses of the program at the State level) is not less than 30 percent of the funds made avail- able to such State under section 1753 of this title for the school year beginning July 1, 1980. (2) If, for any school year, the per capita in- come of a State is less than the average per cap- ita income of all the States, the amount re- quired to be expended by a State under para- graph (1) for such year shall be an amount bear- ing the same ratio to the amount equal to 30 percent of the funds made available to such State under section 1753 of this title for the school year beginning July 1, 1980, as the per