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20 U.S.C. § 7971 — Short title

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20 U.S.C. § 7971 — Short title

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Page 1657 TITLE 20—EDUCATION § 7972 1 See References in Text note below. 1 See References in Text note below. (B) the number of students expelled from such school; and (C) the type of firearms concerned. (e) Reporting Each State shall report the information de- scribed in subsection (d) to the Secretary on an annual basis. (f) Definition For the purpose of subsection (d), the term ‘‘school’’ means any setting that is under the control and supervision of the local educational agency for the purpose of student activities ap- proved and authorized by the local educational agency. (g) Exception Nothing in this section shall apply to a fire- arm that is lawfully stored inside a locked vehi- cle on school property, or if it is for activities approved and authorized by the local edu- cational agency and the local educational agen- cy adopts appropriate safeguards to ensure stu- dent safety. (h) Policy regarding criminal justice system re- ferral (1) In general No funds shall be made available under any subchapter of this chapter to any local edu- cational agency unless such agency has a pol- icy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency. (2) Definition For the purpose of this subsection, the term ‘‘school’’ has the same meaning given to such term by section 921(a) of title 18. (Pub. L. 89–10, title VIII, § 8561, formerly title IV, § 4141, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1762; renumbered title IX, § 9551, renumbered title VIII, § 8561, Pub. L. 114–95, title IV, § 4001(a)(2)(A), (B), (D), title VIII, § 8001(a)(8), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (c), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. CODIFICATION Section was classified to section 7151 of this title prior to renumbering by Pub. L. 114–95. SUBPART 5—ENVIRONMENTAL TOBACCO SMOKE Editorial Notes CODIFICATION Pub. L. 114–95, title IV, § 4001(a)(4)(A)–(C)(i), title VIII, § 8001(a), (b)(1), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089, redesignated part C (§ 7181 et seq.) of subchapter IV of this chapter as subpart 5 of part F of this subchapter. Similar provisions relating to environmental tobacco smoke are contained in part B (§ 6081 et seq.) of sub- chapter X of chapter 68 of this title. § 7971. Short title This subpart 1 may be cited as the ‘‘Pro-Chil- dren Act of 2001’’. (Pub. L. 89–10, title VIII, § 8571, formerly title IV, § 4301, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1773; renumbered title IX, § 9561, renumbered title VIII, § 8571, Pub. L. 114–95, title IV, § 4001(a)(4)(A), (B), (C)(ii), title VIII, § 8001(a)(9), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.) Editorial Notes REFERENCES IN TEXT This subpart, referred to in text, was in the original ‘‘this part’’, and was translated as reading ‘‘this sub- part’’, to reflect the probable intent of Congress. Pub. L. 114–95 redesignated part C of title IV of Pub. L. 89–10 as subpart 5 of part F of title VIII of Pub. L. 89–10, which is classified to this subpart. CODIFICATION Section was classified to section 7181 of this title prior to renumbering by Pub. L. 114–95. § 7972. Definitions As used in this subpart: 1 (1) Children The term ‘‘children’’ means individuals who have not attained the age of 18. (2) Children’s services The term ‘‘children’s services’’ means the provision on a routine or regular basis of health, day care, education, or library serv- ices— (A) that are funded, after January 8, 2002, directly by the Federal Government or through State or local governments, by Fed- eral grant, loan, loan guarantee, or contract programs— (i) administered by either the Secretary of Health and Human Services or the Sec- retary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.]); or (ii) administered by the Secretary of Ag- riculture in the case of a clinic (as defined in part 246.2 of title 7, Code of Federal Reg- ulations (or any corresponding similar reg- ulation or ruling)) under section 17(b)(6) of the Child Nutrition Act of 1966 [42 U.S.C. 1786(b)(6)]; or (B) that are provided in indoor facilities that are constructed, operated, or main- tained with such Federal funds, as deter- mined by the appropriate head of a Federal agency in any enforcement action carried out under this subpart,1 except that nothing in clause (ii) of subpara- graph (A) is intended to include facilities (other than clinics) where coupons are re- deemed under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.]. (3) Indoor facility The term ‘‘indoor facility’’ means a building that is enclosed.

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

20 U.S.C. § 7971 — Short title

This subpart 11 See References in Text note below. may be cited as the “Pro-Children Act of 2001”.

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42 U.S.C. § 1395 — Conditions of participation for home health agencies; home health quality

**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows: (1) The agency protects and promotes the rights of each individual under its care, including each of the following rights: (A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment. (B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances. (C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title. (D) The right to have one’s property treated with respect. (E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of— (i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter, (ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware, (iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn

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42 U.S.C. § 1395 — Prohibition against any Federal inter-

Page 2893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395a (i) shared savings and competitive bidding in FFS Medicare; (ii) use of MA-negotiated rates to set FFS Medicare rates; and (iii) novel approaches to information development and sharing that may enable markets to lower cost and improve quality for FFS Medicare beneficiaries. SEC. 10. Reducing Obstacles to Improved Patient Care. Within 1 year of the date of this order, the Secretary shall propose regulatory changes to the Medicare pro- gram to reduce the burden on providers and eliminate regulations that create inefficiencies or otherwise un- dermine patient outcomes. SEC. 11. Maximizing Freedom for Medicare Patients and Providers. (a) Within 180 days of the date of this order, the Secretary, in coordination with the Commissioner of Social Security, shall revise current rules or policies to preserve the Social Security retirement insurance benefits of seniors who choose not to receive benefits under Medicare Part A, and propose other administra- tive improvements to Medicare enrollment processes for beneficiaries. (b) Within 1 year of the date of this order, the Sec- retary shall identify and remove unnecessary barriers to private contracts that allow Medicare beneficiaries to obtain the care of their choice and facilitate the de- velopment of market-driven prices. SEC. 12. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the

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42 U.S.C. § 1771 — Congressional declaration of purpose

In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation’s children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children.

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42 U.S.C. § 1771 — Congressional declaration of purpose

Page 5002 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1771 (3) improve the timeliness and completeness of direct communication between the Food and Nutrition Service and States about holds and recalls, such as through the commodity alert system of the Food and Nutrition Serv- ice; and (4) establish a timeframe to improve the commodity hold and recall procedures of the Department of Agriculture to address the role of processors and determine the involvement of distributors with processed products that may contain recalled ingredients, to facilitate the provision of more timely and complete in- formation to schools. (b) Food Safety and Inspection Service Not later than 1 year after December 13, 2010, the Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall revise the procedures of the Food Safety and In- spection Service to ensure that schools are in- cluded in effectiveness checks. (June 4, 1946, ch. 281, § 29, as added Pub. L. 111–296, title III, § 308, Dec. 13, 2010, 124 Stat. 3246.) Editorial Notes REFERENCES IN TEXT The Child Nutrition Act of 1966, referred to in subsec. (a)(1), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2010, except as otherwise spe- cifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title. CHAPTER 13A—CHILD NUTRITION Sec. 1771. Congressional declaration of purpose. 1772. Special program to encourage the consum

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42 U.S.C. § 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 families 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 subsection (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 occurrence 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 administration” or “nutrition services and administration” means costs that shall include, but not be limited to, costs for certification of eligibility of persons for participation in the program (including centrifuges, measuring boar

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42 U.S.C. § 1786 — Special supplemental nutrition program

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

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