42 U.S.C. § 1789 — Department of Defense overseas depend-

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 Page 5062 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1790 in the administration of the school breakfast programs authorized by this section. (Pub. L. 89–642, § 20, as added Pub. L. 95–561, title XIV, § 1408(b)(2), Nov. 1, 1978, 92 Stat. 2368; amended Pub. L. 99–500, title III, § 328(b), Oct. 18, 1986, 100 Stat. 1783–362, and Pub. L. 99–591, title III, § 328(b), Oct. 30, 1986, 100 Stat. 3341–365; Pub. L. 99–661, div. D, title II, § 4208(b), Nov. 14, 1986, 100 Stat. 4073.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 1986—Subsec. (d). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 amended subsec. (d) identically, striking out ‘‘and for payment of the difference between the value of commodities and payments received from the Secretary of Agriculture and (1) the full cost of each breakfast for each student eligible for a free breakfast, and (2) the full cost of each breakfast, less any amounts required by law or regulation to be paid by each stu- dent eligible for a reduced-price breakfast’’ after ‘‘this section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1978, and no provisions to be construed to impair or to prevent the taking of effect of any other Act providing for the transfer of the de- scribed functions to an executive department having responsibility for education, see section 1415 of Pub. L. 95–561, set out as a note under section 921 of Title 20, Education. § 1790. Breastfeeding promotion program (a) In general The Secretary, from amounts received under subsection (d), shall establish a breastfeeding promotion program to promote breastfeeding as the best method of infant nutrition, foster wider public acceptance of breastfeeding in the United States, and assist in the distribution of breastfeeding equipment to breastfeeding women. (b) Conduct of program In carrying out the program described in sub- section (a), the Secretary may— (1) develop or assist others to develop appro- priate educational materials, including public service announcements, promotional publica- tions, and press kits for the purpose of pro- moting breastfeeding; (2) distribute or assist others to distribute such materials to appropriate public and pri- vate individuals and entities; and (3) provide funds to public and private indi- viduals and entities, including physicians, health professional organizations, hospitals, community based health organizations, and employers, for the purpose of assisting such entities in the distribution of breastpumps and similar equipment to breastfeeding women. (c) Cooperative agreements The Secretary is authorized to enter into co- operative agreements with Federal agencies, State and local governments, and other entities to carry out the program described in subsection (a). (d) Gifts, bequests, and devises (1) In general The Secretary is authorized to solicit, ac- cept, use, and dispose of gifts, bequests, or de- vises of services or property, both real and personal, for the purpose of establishing and carrying out the program described in sub- section (a). Gifts, bequests, or devises of money and proceeds from the sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Secretary. (2) Criteria for acceptance The Secretary shall establish criteria for de- termining whether to solicit and accept gifts, bequests, or devises under paragraph (1), in- cluding criteria that ensure that the accept- ance of any gifts, bequests, or devises would not— (A) reflect unfavorably on the ability of the Secretary to carry out the Secretary’s responsibilities in a fair and objective man- ner; or (B) compromise, or appear to compromise, the integrity of any governmental program or any officer or employee involved in the program. (Pub. L. 89–642, § 21, as added Pub. L. 102–342, title II, § 201, Aug. 14, 1992, 106 Stat. 912.) § 1791. Bill Emerson Good Samaritan Food Dona- tion Act (a) Short title This section may be cited as the ‘‘Bill Emer- son Good Samaritan Food Donation Act’’. (b) Definitions As used in this section: (1) Apparently fit grocery product The term ‘‘apparently fit grocery product’’ means a grocery product that meets all qual- ity and labeling standards imposed by Federal, State, and local laws and regulations even though the product may not be readily mar- ketable due to appearance, age, freshness, grade, size, surplus, or other conditions. (2) Apparently wholesome food The term ‘‘apparently wholesome food’’ means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appear- ance, age, freshness, grade, size, surplus, or other conditions. (3) Donate The term ‘‘donate’’ means to give without requiring anything of monetary value from the recipient, except that the term shall in- clude giving by a nonprofit organization to an- other nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value or is charged a good Samaritan reduced price. (4) Food The term ‘‘food’’ means any raw, cooked, processed, or prepared edible substance, ice,