-CITE-
    42 USC CHAPTER 13A - CHILD NUTRITION                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
                       CHAPTER 13A - CHILD NUTRITION                   

-MISC1-
    Sec.                                                     
    1771.       Congressional declaration of purpose.                 
    1772.       Special program to encourage the consumption of fluid
                 milk by children; authorization of appropriations;
                 eligibility for special milk program; minimum rate of
                 reimbursement; ineligibility of commodity only
                 schools.                                             
    1773.       School breakfast program.                             
                  (a)  Establishment; authorization of appropriations.
                  (b)  Breakfast assistance payments to State
                        educational agencies; calculation; national
                        average payments for breakfasts, free
                        breakfasts and reduced price breakfasts;
                        maximum price for reduced cost breakfasts;
                        minimum daily nutrition requirements criteria;
                        additional payments for severe need schools;
                        maximum severe need payments.                 
                  (c)  Disbursement of apportioned funds by State;
                        preference for schools in poor economic areas,
                        for students traveling long distances daily,
                        and for schools for improvement of nutrition
                        and dietary practices of children of working
                        mothers and from low-income families.         
                  (d)  Severe need assistance.                        
                  (e)  Nutritional requirements; service free or at
                        reduced price; compliance assistance.         
    1774.       Disbursement directly to schools or institutions.     
    1775.       Certification to Secretary of the Treasury of amounts
                 to be paid to States.                                
    1776.       State administrative expenses.                        
                  (a)  Amount and allocation of funds.                
                  (b)  Funds, usage: compensation, benefits, and
                        travel expenses of personnel; support
                        services; office equipment; staff development.
                  (c)  Fund adjustment; State administered programs.  
                  (d)  Unused funds; availability for obligation and
                        expenditure, and reallocation to other States.
                  (e)  Plans for use of administrative expense funds. 
                  (f)  State funding requirement.                     
                  (g)  State training.                                
                  (h)  Funding for training and administrative
                        reviews.                                      
                  (i)  Technology infrastructure improvement.         
                  (j)  Authorization of appropriations.               
    1776a, 1776b. Omitted.                                            
    1777.       Use in school breakfast program of food designated as
                 being in abundance or food donated by the Secretary
                 of Agriculture.                                      
    1778.       Nonprofit programs.                                   
    1779.       Rules and regulations.                                
                  (a)  Authority of Secretary.                        
                  (b)  Sale of competitive foods.                     
                  (c)  Transfer of funds; reserve for special
                        projects.                                     
    1780.       Prohibition against interference with school
                 personnel, curriculum, or instruction; prohibition
                 against inclusion of assistance in determining income
                 or resources for purposes of taxation, welfare, or
                 public assistance programs.                          
    1781.       Preschool programs.                                   
    1782.       Centralization in Department of Agriculture of
                 administration of food service programs for children.
    1783.       Appropriations for administrative expense.            
    1784.       Definitions.                                          
    1785.       Accounts and records; availability for inspection;
                 authority to settle, adjust, or waive claims.        
    1786.       Special supplemental nutrition program for women,
                 infants, and children.                               
                  (a)  Congressional findings and declaration of
                        purpose.                                      
                  (b)  Definitions.                                   
                  (c)  Grants-in-aid; cash grants; ratable reduction
                        of amount an agency may distribute;
                        affirmative action; regulations relating to
                        dual receipt of benefits under commodity
                        supplemental food program.                    
                  (d)  Eligible participants.                         
                  (e)  Nutrition education and drug abuse education.  
                  (f)  Plan of operation and administration by State
                        agency.                                       
                  (g)  Authorization of appropriations.               
                  (h)  Funds for nutrition services and
                        administration.                               
                  (i)  Division of funds formula; reallocation of
                        unspent funds; use of State allocation to buy
                        supplemental foods; use of amounts available
                        for succeeding fiscal year.                   
                  (j)  Initiative to provide program services at
                        community and migrant health centers.         
                  (k)  National Advisory Council on Maternal, Infant,
                        and Fetal Nutrition; establishment;
                        membership; term; officers; meetings; quorum;
                        technical assistance by Secretary.            
                  (l)  Donation of foods by Secretary.                
                  (m)  Women, infants, and children farmers' market
                        nutrition program; establishment, grants, etc.
                  (n)  Disqualification of vendors who are
                        disqualified under food stamp program.        
                  (o)  Disqualification of vendors convicted of
                        trafficking or illegal sales.                 
                  (p)  Criminal forfeiture.                           
                  (q)  Provision of technical assistance to Secretary
                        of Defense.                                   
    1787.       Repealed.                                             
    1788.       Team nutrition network.                               
                  (a)  Purposes.                                      
                  (b)  Definition of team nutrition network.          
                  (c)  Grants.                                        
                  (d)  Allocation.                                    
                  (e)  Requirements for State participation.          
                  (f)  State coordinator.                             
                  (g)  Authorized activities.                         
                  (h)  Local nutrition and physical activity grants.  
                  (i)  Nutrition education support.                   
                  (j)  Limitation.                                    
                  (k)  Team nutrition network independent evaluation. 
                  (l)  Authorization of appropriations.               
    1789.       Department of Defense overseas dependents' schools.   
                  (a)  Purpose of program; availability of payments
                        and commodities.                              
                  (b)  Administration of program; eligibility
                        determinations and regulations.               
                  (c)  Nutritional standards for meals; noncompliance
                        with standards.                               
                  (d)  Authorization of appropriations.               
                  (e)  Technical assistance for administration of
                        program.                                      
    1790.       Breastfeeding promotion program.                      
                  (a)  In general.                                    
                  (b)  Conduct of program.                            
                  (c)  Cooperative agreements.                        
                  (d)  Gifts, bequests, and devises.                  
    1791.       Bill Emerson Good Samaritan Food Donation Act.        
                  (a)  Short title.                                   
                  (b)  Definitions.                                   
                  (c)  Liability for damages from donated food and
                        grocery products.                             
                  (d)  Collection or gleaning of donations.           
                  (e)  Partial compliance.                            
                  (f)  Construction.                                  

-End-

-CITE-
    42 USC Sec. 1771                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1771. Congressional declaration of purpose

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 89-642, Sec. 2, Oct. 11, 1966, 80 Stat. 885.)

-MISC1-
                      SHORT TITLE OF 1992 AMENDMENTS                  
      Pub. L. 102-512, Sec. 1, Oct. 24, 1992, 106 Stat. 3363, provided
    that: "This Act [amending sections 1769, 1776, and 1786 of this
    title and enacting provisions set out as notes under this section
    and sections 1769 and 1786 of this title] may be cited as the
    'Children's Nutrition Assistance Act of 1992'."
      Pub. L. 102-512, title I, Sec. 101, Oct. 24, 1992, 106 Stat.
    3363, provided that: "This title [amending sections 1769 and 1776
    of this title and enacting provisions set out as a note under
    section 1769 of this title] may be cited as the 'Homeless
    Children's Assistance Act of 1992'."
      Pub. L. 102-512, title II, Sec. 201, Oct. 24, 1992, 106 Stat.
    3364, provided that: "This title [amending section 1786 of this
    title and enacting provisions set out as notes under section 1786
    of this title] may be cited as the 'WIC Infant Formula Procurement
    Act of 1992'."
      Pub. L. 102-314, Sec. 1, July 2, 1992, 106 Stat. 280, provided
    that: "This Act [amending section 1786 of this title and enacting
    provisions set out as notes under section 1786 of this title] may
    be cited as the 'WIC Farmers' Market Nutrition Act of 1992'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 89-642 provided: "That this Act [enacting
    this chapter] may be cited as the 'Child Nutrition Act of 1966'."

-End-

-CITE-
    42 USC Sec. 1772                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1772. Special program to encourage the consumption of fluid
      milk by children; authorization of appropriations; eligibility
      for special milk program; minimum rate of reimbursement;
      ineligibility of commodity only schools

-STATUTE-
      (a)(1) There is hereby authorized to be appropriated for the
    fiscal year ending June 30, 1970, and for each succeeding fiscal
    year, such sums as may be necessary to enable the Secretary of
    Agriculture, under such rules and regulations as the Secretary may
    deem in the public interest, to encourage consumption of fluid milk
    by children in the United States in (A) nonprofit schools of high
    school grade and under, except as provided in paragraph (2), which
    do not participate in a meal service program authorized under this
    chapter or the Richard B. Russell National School Lunch Act [42
    U.S.C. 1751 et seq.], and (B) nonprofit nursery schools, child-care
    centers, settlement houses, summer camps, and similar nonprofit
    institutions devoted to the care and training of children, which do
    not participate in a meal service program authorized under this
    chapter or the Richard B. Russell National School Lunch Act.
      (2) The limitation imposed under paragraph (1)(A) for
    participation of nonprofit schools in the special milk program
    shall not apply to split-session kindergarten programs conducted in
    schools in which children do not have access to the meal service
    program operating in schools the children attend as authorized
    under this chapter or the Richard B. Russell National School Lunch
    Act.
      (3) For the purposes of this section "United States" means the
    fifty States, Guam, the Commonwealth of Puerto Rico, the Virgin
    Islands, American Samoa, the Commonwealth of the Northern Mariana
    Islands, and the District of Columbia.
      (4) The Secretary shall administer the special milk program
    provided for by this section to the maximum extent practicable in
    the same manner as the Secretary administered the special milk
    program provided for by this chapter during the fiscal year ending
    June 30, 1969.
      (5) Any school or nonprofit child care institution which does not
    participate in a meal service program authorized under this chapter
    or the Richard B. Russell National School Lunch Act shall receive
    the special milk program upon its request.
      (6) Children who qualify for free lunches under guidelines set
    forth by the Secretary shall, at the option of the school involved
    (or of the local educational agency involved in the case of a
    public school) be eligible for free milk upon their request.
      (7) For the fiscal year ending June 30, 1975, and for subsequent
    school years, the minimum rate of reimbursement for a half-pint of
    milk served in schools and other eligible institutions shall not be
    less than 5 cents per half-pint served to eligible children, and
    such minimum rate of reimbursement shall be adjusted on an annual
    basis each school year to reflect changes in the Producer Price
    Index for Fresh Processed Milk published by the Bureau of Labor
    Statistics of the Department of Labor.
      (8) Such adjustment shall be computed to the nearest one-fourth
    cent.
      (9) Notwithstanding any other provision of this section, in no
    event shall the minimum rate of reimbursement exceed the cost to
    the school or institution of milk served to children.
      (10) The State educational agency shall disburse funds paid to
    the State during any fiscal year for purposes of carrying out the
    program under this section in accordance with such agreements
    approved by the Secretary as may be entered into by such State
    agency and the schools in the State. The agreements described in
    the preceding sentence shall be permanent agreements that may be
    amended as necessary. Nothing in the preceding sentence shall be
    construed to limit the ability of the State educational agency to
    suspend or terminate any such agreement in accordance with
    regulations prescribed by the Secretary.
      (b) Commodity only schools shall not be eligible to participate
    in the special milk program under this section. For the purposes of
    the preceding sentence, the term "commodity only schools" means
    schools that do not participate in the school lunch program under
    the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et
    seq.], but which receive commodities made available by the
    Secretary for use by such schools in nonprofit lunch programs.

-SOURCE-
    (Pub. L. 89-642, Sec. 3, Oct. 11, 1966, 80 Stat. 885; Pub. L. 91-
    295, June 30, 1970, 84 Stat. 336; Pub. L. 93-150, Sec. 7, Nov. 7,
    1973, 87 Stat. 563; Pub. L. 93-347, Sec. 3, July 12, 1974, 88 Stat.
    341; Pub. L. 94-105, Sec. 15(a), Oct. 7, 1975, 89 Stat. 522; Pub.
    L. 95-166, Secs. 11, 20(1), (2), Nov. 10, 1977, 91 Stat. 1337,
    1346; Pub. L. 95-627, Sec. 5(a), Nov. 10, 1978, 92 Stat. 3619; Pub.
    L. 96-499, title II, Sec. 209, Dec. 5, 1980, 94 Stat. 2602; Pub. L.
    97-35, title VIII, Secs. 807, 813(c), Aug. 13, 1981, 95 Stat. 527,
    530; Pub. L. 99-500, title III, Sec. 329, Oct. 18, 1986, 100 Stat.
    1783-362, and Pub. L. 99-591, title III, Sec. 329, Oct. 30, 1986,
    100 Stat. 3341-365; Pub. L. 99-661, div. D, title II, Sec. 4209,
    Nov. 14, 1986, 100 Stat. 4073; Pub. L. 101-147, title II, Sec. 211,
    title III, Sec. 321, Nov. 10, 1989, 103 Stat. 911, 916; Pub. L. 104-
    193, title VII, Sec. 721, Aug. 22, 1996, 110 Stat. 2301; Pub. L.
    106-78, title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Richard B. Russell National School Lunch Act, referred to in
    subsecs. (a)(1), (2), (5), (b), is act June 4, 1946, ch. 281, 60
    Stat. 230, as amended, which is classified generally to chapter 13
    (Sec. 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.

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-78 substituted "Richard B. Russell National
    School Lunch Act" for "National School Lunch Act" wherever
    appearing.
      1996 - Subsec. (a)(3). Pub. L. 104-193 substituted "the
    Commonwealth of the Northern Mariana Islands" for "the Trust
    Territory of the Pacific Islands".
      1989 - Subsec. (a). Pub. L. 101-147, Sec. 211(a), amended subsec.
    (a) as identically amended by Pub. L. 99-591, Sec. 329, and Pub. L.
    99-661, Sec. 4209, to read as if only the amendment by Pub. L. 99-
    661 was enacted, resulting in no change in text, see 1986
    Amendment note below.
      Subsec. (a)(1). Pub. L. 101-147, Sec. 321(1), substituted "the
    Secretary" for "he" before "may deem".
      Subsec. (a)(2). Pub. L. 101-147, Sec. 321(2), struck out "(42
    U.S.C. 1751 et seq.)" after "National School Lunch Act".
      Subsec. (a)(4). Pub. L. 101-147, Sec. 321(3), substituted "the
    Secretary" for "he".
      Subsec. (a)(5). Pub. L. 101-147, Sec. 321(4), substituted "its"
    for "their" before "request".
      Subsec. (a)(10). Pub. L. 101-147, Sec. 211(b), added par. (10).
      1986 - Subsec. (a). Pub. L. 99-500, Pub. L. 99-591, and Pub. L.
    99-661 amended subsec. (a) identically, designating existing
    provisions as pars. (1) and (3) to (9), in par. (1), redesignating
    former cls. (1) and (2) as subpars. (A) and (B) and inserting
    "except as provided in paragraph (2)," in subpar. (A), and adding
    par. (2).
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 813(c)(1), designated
    existing provisions as subsec. (a).
      Pub. L. 97-35, Sec. 807, inserted provisions respecting
    nonparticipation in a meal service program, and struck out
    provisions relating to rate of reimbursement per half-pint of milk
    served to children not eligible for free milk in schools, child
    care institutions, and summer camps participating in meal service
    programs under the National School Lunch Act.
      Subsec. (b). Pub. L. 97-35, Sec. 813(c)(2), added subsec. (b).
      1980 - Pub. L. 96-499 provided that rate of reimbursement per
    half-pint of milk, served to children not eligible for free milk in
    schools, child care institutions, and summer camps participating in
    meal service programs under the National School Lunch Act and this
    chapter was to be five cents.
      1978 - Pub. L. 95-627 substituted "Producer Price Index for Fresh
    Processed Milk" for "series of food away from home of the Consumer
    Price Index", and inserted provision relating to eligibility for
    free milk.
      1977 - Pub. L. 95-166 provided free milk for children when milk
    is made available at times other than the periods of meal service
    in outlets that operate a food service program under sections 1753,
    1766, and 1773 of this title, and substituted "school years" and
    "annual basis each school year" for "fiscal years" and "annual
    basis each fiscal year" and deleted "thereafter, beginning with the
    fiscal year ending June 30, 1976," before "to reflect changes".
      1975 - Pub. L. 94-105 added the Commonwealth of Puerto Rico, the
    Virgin Islands, American Samoa, and the Trust Territory of the
    Pacific Islands to definition of "United States", and inserted
    provision relating to minimum rate of reimbursement to schools and
    institutions of the cost of milk served to children.
      1974 - Pub. L. 93-347 substituted "such sums as may be necessary"
    for ", not to exceed $120,000,000," in provision limiting the size
    of appropriations authorized and inserted provisions setting a
    minimum rate of reimbursement for a half-pint of milk served in
    schools and other eligible institutions and allowing for an annual
    adjustment of the minimum rate.
      1973 - Pub. L. 93-150 inserted provisions making any school or
    nonprofit child care institution eligible to receive the special
    milk program upon their request and any children that qualify for
    free lunches under guidelines set forth by the Secretary also
    eligible for free milk.
      1970 - Pub. L. 91-295 substituted provisions authorizing
    appropriations of not to exceed $120,000,000 for fiscal year ending
    June 30, 1970, and for each succeeding fiscal year, for provisions
    authorizing appropriations of not to exceed $110,000,000 for fiscal
    year ending June 30, 1967, not to exceed $115,000,000 for fiscal
    year ending June 30, 1968, and not to exceed $120,000,000 for each
    of two succeeding fiscal years, and provisions requiring Secretary
    to administer the special milk program provided for by this section
    in same manner as he administered the special milk program provided
    for by this chapter during fiscal year ending June 30, 1969, for
    provisions requiring the Secretary to administer such program in
    the same manner as he administered the special milk program
    provided for by Pub. L. 85-478, as amended, during fiscal year
    ending June 30, 1966, and provided that Guam be subject to
    provisions of this section.

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Section 4209 of Pub. L. 99-661 provided that the amendment made
    by that section is effective Oct. 1, 1986.
      Section 329 of Pub. L. 99-500 and Pub. L. 99-591 provided that
    the amendment made by that section is effective July 1, 1987.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by section 807 of Pub. L. 97-35 effective Oct. 1, 1981,
    and amendment by section 813 of Pub. L. 97-35 effective 90 days
    after Aug. 13, 1981, see section 820(a)(3), (5) 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 July 1, 1979, except as
    specifically provided, see section 14 of Pub. L. 95-627, set out as
    a note under section 1755 of this title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 20 of Pub. L. 95-166 provided that the amendment made by
    that section is effective July 1, 1977.

-End-

-CITE-
    42 USC Sec. 1773                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1773. School breakfast program

-STATUTE-
    (a) Establishment; authorization of appropriations
      There is hereby authorized to be appropriated such sums as are
    necessary to enable the Secretary to carry out a program to assist
    the States and the Department of Defense through grants-in-aid and
    other means to initiate, maintain, or expand nonprofit breakfast
    programs in all schools which make application for assistance and
    agree to carry out a nonprofit breakfast program in accordance with
    this chapter. Appropriations and expenditures for this chapter
    shall be considered Health and Human Services functions for budget
    purposes rather than functions of Agriculture.
    (b) Breakfast assistance payments to State educational agencies;
      calculation; national average payments for breakfasts, free
      breakfasts and reduced price breakfasts; maximum price for
      reduced cost breakfasts; minimum daily nutrition requirements
      criteria; additional payments for severe need schools; maximum
      severe need payments
      (1)(A)(i) The Secretary shall make breakfast assistance payments
    to each State educational agency each fiscal year, at such times as
    the Secretary may determine, from the sums appropriated for such
    purpose, in an amount equal to the product obtained by multiplying -
     
        (I) the number of breakfasts served during such fiscal year to
      children in schools in such States which participate in the
      school breakfast program under agreements with such State
      educational agency; by
        (II) the national average breakfast payment for free
      breakfasts, for reduced price breakfasts, or for breakfasts
      served to children not eligible for free or reduced price meals,
      as appropriate, as prescribed in clause (B) of this paragraph.

      (ii) The agreements described in clause (i)(I) shall be permanent
    agreements that may be amended as necessary. Nothing in the
    preceding sentence shall be construed to limit the ability of the
    State educational agency to suspend or terminate any such agreement
    in accordance with regulations prescribed by the Secretary.
      (B) The national average payment for each free breakfast shall be
    57 cents (as adjusted pursuant to section 1759a(a) of this title).
    The national average payment for each reduced price breakfast shall
    be one-half of the national average payment for each free
    breakfast, except that in no case shall the difference between the
    amount of the national average payment for a free breakfast and the
    national average payment for a reduced price breakfast exceed 30
    cents. The national average payment for each breakfast served to a
    child not eligible for free or reduced price meals shall be 8.25
    cents (as adjusted pursuant to section 1759a(a) of this title).
      (C) No school which receives breakfast assistance payments under
    this section may charge a price of more than 30 cents for a reduced
    price breakfast.
      (D) No breakfast assistance payment may be made under this
    subsection for any breakfast served by a school unless such
    breakfast consists of a combination of foods which meet the minimum
    nutritional requirements prescribed by the Secretary under
    subsection (e) of this section.
      (E) Free and reduced price policy statement. - After the initial
    submission, a local educational agency shall not be required to
    submit a free and reduced price policy statement to a State
    educational agency under this chapter unless there is a substantive
    change in the free and reduced price policy of the local
    educational agency. A routine change in the policy of a local
    educational agency, such as an annual adjustment of the income
    eligibility guidelines for free and reduced price meals, shall not
    be sufficient cause for requiring the local educational agency to
    submit a policy statement.
      (2)(A) The Secretary shall make additional payments for
    breakfasts served to children qualifying for a free or reduced
    price meal at schools that are in severe need.
      (B) The maximum payment for each such free breakfast shall be the
    higher of - 
        (i) the national average payment established by the Secretary
      for free breakfasts plus 10 cents, or
        (ii) 45 cents (as adjusted pursuant to section 1759a(a)(3)(B)
      of this title).

      (C) The maximum payment for each such reduced price breakfast
    shall be thirty cents less than the maximum payment for each free
    breakfast as determined under clause (B) of this paragraph.
      (3) The Secretary shall increase by 6 cents the annually adjusted
    payment for each breakfast served under this chapter and section
    1766 of this title. These funds shall be used to assist States, to
    the extent feasible, in improving the nutritional quality of the
    breakfasts.
      (4) Notwithstanding any other provision of law, whenever stocks
    of agricultural commodities are acquired by the Secretary or the
    Commodity Credit Corporation and are not likely to be sold by the
    Secretary or the Commodity Credit Corporation or otherwise used in
    programs of commodity sale or distribution, the Secretary shall
    make such commodities available to school food authorities and
    eligible institutions serving breakfasts under this chapter in a
    quantity equal in value to not less than 3 cents for each breakfast
    served under this chapter and section 1766 of this title.
      (5) Expenditures of funds from State and local sources for the
    maintenance of the breakfast program shall not be diminished as a
    result of funds or commodities received under paragraph (3) or (4).
    (c) Disbursement of apportioned funds by State; preference for
      schools in poor economic areas, for students traveling long
      distances daily, and for schools for improvement of nutrition and
      dietary practices of children of working mothers and from low-
      income families
      Funds apportioned and paid to any State for the purpose of this
    section shall be disbursed by the State educational agency to
    schools selected by the State educational agency to assist such
    schools in operating a breakfast program and for the purpose of
    subsection (d) of this section. Disbursement to schools shall be
    made at such rates per meal or on such other basis as the Secretary
    shall prescribe. In selecting schools for participation, the State
    educational agency shall, to the extent practicable, give first
    consideration to those schools drawing attendance from areas in
    which poor economic conditions exist, to those schools in which a
    substantial proportion of the children enrolled must travel long
    distances daily, and to those schools in which there is a special
    need for improving the nutrition and dietary practices of children
    of working mothers and children from low-income families. Breakfast
    assistance disbursements to schools under this section may be made
    in advance or by way of reimbursement in accordance with procedures
    prescribed by the Secretary.
    (d) Severe need assistance
      (1) In general
        Each State educational agency shall provide additional
      assistance to schools in severe need, which shall include only
      those schools (having a breakfast program or desiring to initiate
      a breakfast program) in which - 
          (A) during the most recent second preceding school year for
        which lunches were served, 40 percent or more of the lunches
        served to students at the school were served free or at a
        reduced price; or
          (B) in the case of a school in which lunches were not served
        during the most recent second preceding school year, the
        Secretary otherwise determines that the requirements of
        subparagraph (A) would have been met.
      (2) Additional assistance
        A school, on the submission of appropriate documentation about
      the need circumstances in that school and the eligibility of the
      school for additional assistance, shall be entitled to receive
      the meal reimbursement rate specified in subsection (b)(2) of
      this section.
    (e) Nutritional requirements; service free or at reduced price;
      compliance assistance
      (1)(A) Breakfasts served by schools participating in the school
    breakfast program under this section shall consist of a combination
    of foods and shall meet the minimum nutritional requirements
    prescribed by the Secretary on the basis of tested nutritional
    research, except that the minimum nutritional requirements shall be
    measured by not less than the weekly average of the nutrient
    content of school breakfasts. Such breakfasts shall be served free
    or at a reduced price to children in school under the same terms
    and conditions as are set forth with respect to the service of
    lunches free or at a reduced price in section 1758 of this title.
      (B) The Secretary shall provide through State educational
    agencies technical assistance and training, including technical
    assistance and training in the preparation of foods high in complex
    carbohydrates and lower-fat versions of foods commonly used in the
    school breakfast program established under this section, to schools
    participating in the school breakfast program to assist the schools
    in complying with the nutritional requirements prescribed by the
    Secretary pursuant to subparagraph (A) and in providing appropriate
    meals to children with medically certified special dietary needs.
      (2) At the option of a local school food authority, a student in
    a school under the authority that participates in the school
    breakfast program under this chapter may be allowed to refuse not
    more than one item of a breakfast that the student does not intend
    to consume. A refusal of an offered food item shall not affect the
    full charge to the student for a breakfast meeting the requirements
    of this section or the amount of payments made under this chapter
    to a school for the breakfast.

-SOURCE-
    (Pub. L. 89-642, Sec. 4, Oct. 11, 1966, 80 Stat. 886; Pub. L. 90-
    302, Sec. 5, May 8, 1968, 82 Stat. 119; Pub. L. 91-248, Secs.
    6(d), 10, May 14, 1970, 84 Stat. 210, 214; Pub. L. 92-32, Secs. 2-
    5, June 30, 1971, 85 Stat. 85; Pub. L. 92-433, Sec. 3, Sept. 26,
    1972, 86 Stat. 724; Pub. L. 93-150, Sec. 4, Nov. 7, 1973, 87 Stat.
    562; Pub. L. 94-105, Secs. 2, 3, 15(b), 17(a), Oct. 7, 1975, 89
    Stat. 511, 522, 525; Pub. L. 95-166, Sec. 12, Nov. 10, 1977, 91
    Stat. 1337; Pub. L. 95-561, title XIV, Sec. 1408(b)(1), Nov. 1,
    1978, 92 Stat. 2368; Pub. L. 95-627, Sec. 6(c), Nov. 10, 1978, 92
    Stat. 3620; Pub. L. 97-35, title VIII, Secs. 801(c), 817(d),
    819(b), Aug. 13, 1981, 95 Stat. 522, 532, 533; Pub. L. 99-500,
    title III, Secs. 330(a), 331, 372(b)(1), Oct. 18, 1986, 100 Stat.
    1783-363, 1783-369, and Pub. L. 99-591, title III, Secs. 330(a),
    331, 372(b)(1), Oct. 30, 1986, 100 Stat. 3341-366, 3341-372; Pub.
    L. 99-661, div. D, title II, Secs. 4210(a), 4211, title V, Sec.
    4502(b)(1), Nov. 14, 1986, 100 Stat. 4074, 4080; Pub. L. 100-435,
    title II, Sec. 210, Sept. 19, 1988, 102 Stat. 1657; Pub. L. 101-
    147, title I, Sec. 121, title II, Sec. 212(a)(1), (2)(A), (b),
    title III, Sec. 322, Nov. 10, 1989, 103 Stat. 891, 912, 916; Pub.
    L. 103-448, title II, Sec. 201, Nov. 2, 1994, 108 Stat. 4734; Pub.
    L. 104-193, title VII, Secs. 722-723(b)(1), Aug. 22, 1996, 110
    Stat. 2301, 2302; Pub. L. 105-336, title I, Sec. 103(b)(2), title
    II, Sec. 201, Oct. 31, 1998, 112 Stat. 3146, 3158; Pub. L. 106-78,
    title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 Stat. 1170; Pub. L.
    108-265, title I, Sec. 108(c), title II, Sec. 201, June 30, 2004,
    118 Stat. 746, 768.)

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(1)(E). Pub. L. 108-265, Sec. 108(c),
    substituted "local educational agency" for "school food authority"
    wherever appearing.
      Subsec. (d). Pub. L. 108-265, Sec. 201, added subsec. (d) and
    struck out former subsec. (d), which authorized severe need
    assistance to schools in which the service of breakfasts is
    required by State law and to schools in which 40 percent or more of
    lunches were served free or at a reduced price during the most
    recent second preceding school year, and entitled such schools to
    receive the lesser of 100 percent of the operating costs of the
    breakfast program or the meal reimbursement rate specified in
    subsec. (b)(2).
      1999 - Subsecs. (b), (e)(1)(A). Pub. L. 106-78 made technical
    amendment to references in original act which appear in text as
    references to sections 1758, 1759a, and 1766 of this title.
      1998 - Subsec. (a). Pub. L. 105-336, Sec. 201, struck out "and to
    carry out the provisions of subsection (g) of this section" before
    period at end of first sentence.
      Subsec. (b)(1)(B). Pub. L. 105-336, Sec. 103(b)(2)(A), struck out
    "adjusted to the nearest one-fourth cent," after "payment for each
    free breakfast," in second sentence.
      Subsec. (b)(2)(B)(ii). Pub. L. 105-336, Sec. 103(b)(2)(B),
    substituted "(as adjusted pursuant to section 1759a(a)(3)(B) of
    this title)." for ", which shall be adjusted on an annual basis
    each July 1 to the nearest one-fourth cent in accordance with
    changes in the series for food away from home of the Consumer Price
    Index published by the Bureau of Labor Statistics of the Department
    of Labor for the most recent twelve-month period for which such
    data are available, except that the initial such adjustment shall
    be made on January 1, 1978, and shall reflect the change in the
    series of food away from home during the period November 1, 1976,
    to October 31, 1977."
      1996 - Subsec. (b)(1)(E). Pub. L. 104-193, Sec. 722, added
    subpar. (E).
      Subsec. (e)(1)(B). Pub. L. 104-193, Sec. 723(a), struck out at
    end "The Secretary shall provide through State educational agencies
    additional technical assistance to schools that are having
    difficulty maintaining compliance with the requirements."
      Subsecs. (f), (g). Pub. L. 104-193, Sec. 723(b)(1), struck out
    subsec. (f) relating to expansion of program and subsec. (g)
    relating to startup and expansion costs.
      1994 - Subsec. (e)(1). Pub. L. 103-448, Sec. 201(a), (b),
    designated existing provisions as subpar. (A), inserted ", except
    that the minimum nutritional requirements shall be measured by not
    less than the weekly average of the nutrient content of school
    breakfasts" before period at end, and added subpar. (B).
      Subsec. (f)(1). Pub. L. 103-448, Sec. 201(c), designated existing
    provisions as subpar. (A) and added subpars. (B) and (C).
      Subsec. (g). Pub. L. 103-448, Sec. 201(d), amended heading and
    text of subsec. (g) generally. Prior to amendment, text required
    the Secretary to pay State educational agencies to assist eligible
    schools in initiating a school breakfast program, set forth a plan
    by which certain State educational agencies competing for startup
    cost payments were to be given preference, provided that breakfast
    program maintenance funds were not to be diminished by these
    payments, defined "eligible school", and directed Secretary to
    report to Congress.
      1989 - Subsec. (a). Pub. L. 101-147, Sec. 121(1), inserted before
    period at end of first sentence "and to carry out the provisions of
    subsection (g) of this section".
      Subsec. (b). Pub. L. 101-147, Sec. 322(1), substituted "reduced
    price" for "reduced-price" wherever appearing.
      Subsec. (b)(1)(A). Pub. L. 101-147, Sec. 212(b), designated
    existing provisions as cl. (i), redesignated former cls. (i) and
    (ii) as subcls. (I) and (II), respectively, of cl. (i), and added
    cl. (ii).
      Subsec. (b)(3). Pub. L. 101-147, Sec. 322(2), made technical
    amendment to reference to section 1766 of this title involving
    underlying provisions of original act and requiring no change in
    text.
      Subsec. (b)(3) to (5). Pub. L. 101-147, Sec. 212(a)(1), (2)(A),
    amended subsec. (b)(3) to (5), as amended identically by Pub. L. 99-
    591, Sec. 330(a), and Pub. L. 99-661, Sec. 4210(a), and as further
    amended by Pub. L. 100-435, Sec. 210, to read as if only the
    amendment by Pub. L. 99-661 was enacted, and further amended
    subsec. (b)(3) identically to the amendment that was made by Pub.
    L. 100-435, resulting in no change in text, see 1986 and 1988
    Amendment notes below.
      Subsec. (d)(1)(B). Pub. L. 101-147, Sec. 322(1), substituted
    "reduced price" for "reduced-price".
      Subsec. (f). Pub. L. 101-147, Sec. 121(2), inserted "Expansion of
    program" as heading, designated existing provisions as par. (1),
    struck out at end "Within 4 months after October 7, 1975, the
    Secretary shall report to the committees of jurisdiction in the
    Congress his plans and those of the cooperating State agencies to
    bring about the needed expansion in the school breakfast program.",
    and added par. (2).
      Subsec. (g). Pub. L. 101-147, Sec. 121(3), added subsec. (g).
      1988 - Subsec. (b)(3). Pub. L. 100-435 substituted "6" for "3".
      1986 - Subsec. (a). Pub. L. 99-500 and Pub. L. 99-591, Sec.
    372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended subsec. (a)
    identically, substituting "Health and Human Services" for "Health,
    Education, and Welfare".
      Subsec. (b)(3) to (5). Pub. L. 99-500 and Pub. L. 99-591, Sec.
    330(a), and Pub. L. 99-661, Sec. 4210(a), amended subsec. (b)
    identically, adding pars. (3) to (5).
      Subsec. (e). Pub. L. 99-500 and Pub. L. 99-591, Sec. 331, and
    Pub. L. 99-661, Sec. 4211, amended subsec. (e) identically,
    designating existing provisions as par. (1) and adding par. (2).
      1981 - Subsec. (b). Pub. L. 97-35, Sec. 801(c)(1), (2), in par.
    (1) substituted provisions respecting calculation, amount,
    limitations, etc., for breakfast assistance payments to State
    educational agencies for provisions respecting apportionment,
    calculation, etc., for payments beginning with fiscal year ending
    June 30, 1973, and in par. (2) substituted provisions respecting
    annual adjustments, for provisions respecting semiannual
    adjustments and substituted "thirty" for "five".
      Subsec. (c). Pub. L. 97-35, Sec. 819(b), struck out "financing
    the costs of" after "such schools in".
      Subsec. (d). Pub. L. 97-35, Sec. 801(c)(3)(A), substituted
    provisions limiting additional assistance requirements to schools
    in severe need for provisions setting forth requirements for
    eligibility standards for providing additional assistance to
    schools in severe need.
      Subsec. (f). Pub. L. 97-35, Sec. 817(d), redesignated former
    subsec. (g) as (f). Former subsec. (f), which related to nonprofit
    private schools, was struck out.
      Subsec. (g). Pub. L. 97-35, Sec. 817(d), redesignated former
    subsec. (g) as (f).
      1978 - Subsec. (a). Pub. L. 95-561 inserted provision relating to
    applicability to programs of the Department of Defense.
      Subsec. (d). Pub. L. 95-627 specified which schools could be
    considered to be in severe need.
      1977 - Subsec. (b)(1). Pub. L. 95-166, Sec. 12(1), (2),
    designated existing provisions as par. (1) and struck out provision
    for payment of up to 45 cents for breakfasts served to children
    qualifying for a free breakfast in cases of severe need, which is
    now covered in par. (2).
      Subsec. (b)(2). Pub. L. 95-166, Sec. 12(3), added par. (2).
      Subsec. (d). Pub. L. 95-166, Sec. 12(4), substituted requirement
    that the Secretary establish eligibility standards for providing
    additional assistance to schools in severe need for prior
    requirement that the State educational agency require applicant
    schools to provide justification of the need for such assistance;
    required the eligibility standards to be submitted to the Secretary
    for approval and to be included in the State plan of child
    nutrition operations and submission of appropriate documentation
    about the need circumstances in the school and the school's
    eligibility for additional assistance; and authorized payment of
    the lesser of 100 percent of the operating costs or the meal
    reimbursement rate, previously limited to the 100 percent payment.
      1975 - Subsec. (a). Pub. L. 94-105, Sec. 2, struck out "for the
    fiscal years ending June 30, 1973, June 30, 1974, and June 30,
    1975," after "such sums as are necessary".
      Subsec. (b). Pub. L. 94-105, Sec. 15(b), substituted "American
    Samoa, and the Trust Territory of the Pacific Islands" for "and
    American Samoa" wherever appearing in cl. (1) of first sentence.
      Subsec. (f). Pub. L. 94-105, Sec. 17(a), substituted "directly to
    the schools (as defined in section 1784(c) of this title which are
    private and nonprofit as defined in the last sentence of section
    1784(c) of this title)" for "directly to the nonprofit private
    schools".
      Subsec. (g). Pub. L. 94-105, Sec. 3, added subsec. (g).
      1973 - Subsec. (b). Pub. L. 93-150, Sec. 4(c), prescribed a
    minimum payment of 8 cents as the national average payment for all
    breakfasts served to eligible children, inserted provision for
    minimum payment of 15 cents for each reduced-price breakfast and
    for minimum payment of 20 cents for each free breakfast, and
    authorized, in cases of severe need, a payment of up to 45 cents
    for each breakfast served to children qualifying for a free
    breakfast.
      Subsec. (c). Pub. L. 93-150, Sec. 4(a), (b), substituted in first
    sentence "State educational agency to assist such schools in
    financing the costs of operating a breakfast program" for "State
    educational agency, to assist such schools in financing the cost of
    obtaining agricultural and other foods for consumption by needy
    children in a breakfast program" and struck out second sentence
    which provided that "Such food costs may include, in addition to
    the purchase price, the cost of processing, distributing,
    transporting, storing, and handling.", respectively.
      1972 - Subsec. (a). Pub. L. 92-433, Sec. 3(a), substituted
    authorization of appropriation of such sums as are necessary for
    fiscal years ending June 30, 1973, June 30, 1974, and June 30,
    1975, for provisions authorizing appropriation of amounts not
    exceeding $25,000,000 for fiscal years 1972 and 1973 and made
    amounts available to schools making applications for assistance and
    agreeing to carry out a nonprofit breakfast program in accordance
    with this chapter.
      Subsec. (b). Pub. L. 92-433, Sec. 3(b), made existing
    apportionment formula applicable to fiscal year ending June 30,
    1973 and added new formula for fiscal years beginning with fiscal
    year ending June 30, 1974.
      Subsec. (c). Pub. L. 92-433, Sec. 3(c), inserted provision that
    breakfast assistance disbursements to schools may be made in
    advance or by way of reimbursement in accordance with procedure
    prescribed by the Secretary.
      Subsec. (e). Pub. L. 92-433, Sec. 3(d), substituted provisions
    that breakfasts be served free or at reduced cost under same terms
    and conditions as set forth in section 1758 of this title for
    provisions relating to determination by local school authorities of
    the inability of children to pay full cost, criteria for such
    determination, income poverty guidelines, affidavit of household's
    annual income, eligibility of nonprofit private schools for funds,
    and prohibition of discrimination on account of inability to pay.
      Subsec. (f). Pub. L. 92-433, Sec. 3(e), substituted provisions
    that for fiscal year ending June 30, 1973, withholding and
    disbursement to nonprofit private schools will be effected as
    before and that commencing with the next fiscal year, the Secretary
    would directly make payments to the nonprofit private schools
    participating in the breakfast program under agreement with the
    Secretary for provisions that such withholding and disbursement be
    effected in accordance with section 1759 of this title with some
    exceptions.
      1971 - Subsec. (a). Pub. L. 92-32, Sec. 2, authorized
    appropriations of 25 million dollars for fiscal years 1972, and
    1973, and struck out provision for appropriation of 6.5, 10, and 25
    million dollars for fiscal years, 1969, 1970, and 1971,
    respectively.
      Subsec. (c). Pub. L. 92-32, Sec. 3, substituted "assist such
    schools in financing the cost" for "reimburse such schools for the
    cost" and provided for preference of schools for improvement of
    nutrition and dietary practices of children of working mothers and
    from low-income families.
      Subsec. (d). Pub. L. 92-32, Sec. 4, increased financial
    assistance from "80" to "100" per centum.
      Subsec. (e). Pub. L. 92-32, Sec. 5, substituted provisions
    relating to criteria for determination of eligible children, income
    poverty guidelines, priority of neediest children, affidavit of
    household's annual income, and certification of availability of
    funds for nonprofit private schools, for former provision for
    determination of eligible children on basis of consultations of
    local school authorities with public welfare and health agencies.
      1970 - Subsec. (a). Pub. L. 91-248, Sec. 10, substituted
    "$25,000,000" for "$12,000,000".
      Subsec. (e). Pub. L. 91-248, Sec. 6(d), provided that there be no
    overt identification of those children who receive free and reduced
    price meals.
      1968 - Subsec. (a). Pub. L. 90-302 provided authorization to
    appropriate $6,500,000 for fiscal year 1969, not to exceed
    $10,000,000 for fiscal year 1970, and not to exceed $12,000,000 for
    fiscal year 1971, struck out references to authorization for fiscal
    years 1967 and 1968 and to pilot programs conducted on a
    nonpartisan basis, and added provision that appropriations and
    expenditures for this chapter be considered Health, Education, and
    Welfare functions for budget purposes rather than functions of
    Agriculture.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by section 108(c) of Pub. L. 108-265 effective June 30,
    2004, and amendment by section 201 of Pub. L. 108-265 effective
    July 1, 2004, see section 502(a), (b)(1) of Pub. L. 108-265, as
    amended, set out as an Effective Date note under section 1754 of
    this title.

                     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                 
      Section 723(b)(2) of Pub. L. 104-193 provided that: "The
    amendments made by paragraph (1) [amending this section] shall
    become effective 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 1989 AMENDMENT                 
      Section 212(a)(2)(B) of Pub. L. 101-147 provided that: "The
    amendments made by subparagraph (A) [amending this section] shall
    take effect as if such amendments had been effective on July 1,
    1989."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-435 to be effective and implemented on
    July 1, 1989, see section 701(b)(4) of Pub. L. 100-435, set out as
    a note under section 2012 of Title 7, Agriculture.

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Section 4210(a) of Pub. L. 99-661 provided that the amendment
    made by that section is effective Oct. 1, 1986.
      Section 330(a) of Pub. L. 99-500 and Pub. L. 99-591 provided that
    the amendment made by that section is effective July 1, 1987.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by section 801(c) of Pub. L. 97-35 effective Sept. 1,
    1981, and amendment by sections 817 and 819 of Pub. L. 97-35
    effective Oct. 1, 1981, see section 820(1)(A), (4) of Pub. L. 97-
    35, set out as a note under section 1753 of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENTS                 
      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.
      Amendment by Pub. L. 95-561 effective Oct. 1, 1978, and no
    provision therein to be construed as impairing or preventing the
    taking effect of any other Act providing for the transfer of
    functions described therein to an executive department having
    responsibility for education, see section 1415 of Pub. L. 95-561,
    set out as an Effective Date note under section 921 of Title 20,
    Education.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer to Secretary of Education of functions of Secretary
    of Defense and Department of Defense relating to operation of
    overseas schools for dependents of Department of Defense and under
    Defense Dependents' Education Act of 1978, 20 U.S.C. 921 et seq.,
    see section 3442(a) of Title 20, Education.

-MISC2-
             REVIEW OF BEST PRACTICES IN THE BREAKFAST PROGRAM         
      Pub. L. 108-265, title II, Sec. 206, June 30, 2004, 118 Stat.
    787, provided that:
      "(a) Review. - 
        "(1) In general. - Subject to the availability of funds under
      subsection (c), the Secretary of Agriculture shall enter into an
      agreement with a research organization to collect and disseminate
      a review of best practices to assist school food authorities in
      addressing existing impediments at the State and local level that
      hinder the growth of the school breakfast program under section 4
      of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
        "(2) Recommendations. - The review shall describe model
      breakfast programs and offer recommendations for schools to
      overcome obstacles, including - 
          "(A) the length of the school day;
          "(B) bus schedules; and
          "(C) potential increases in costs at the State and local
        level.
      "(b) Dissemination. - Not later than 1 year after the date of
    enactment of this Act [June 30, 2004], the Secretary shall - 
        "(1) make the review required under subsection (a) available to
      school food authorities via the Internet, including
      recommendations to improve participation in the school breakfast
      program; and
        "(2) transmit to [the] Committee on Education and the Workforce
      of the House of Representatives and the Committee on Agriculture,
      Nutrition, and Forestry of the Senate a copy of the review.
      "(c) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as are necessary to carry out this
    section."

    CONSOLIDATION OF SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST PROGRAM
                      INTO COMPREHENSIVE MEAL PROGRAM
      For provisions directing Secretary of Agriculture to consolidate
    school breakfast program under this section and school lunch
    program under chapter 13 (Sec. 1751 et seq.) of this title into
    comprehensive meal program, see section 301 of Pub. L. 103-448, set
    out as a note under section 1751 of this title.

     ADJUSTMENTS IN MAXIMUM BREAKFAST PAYMENTS FOR FISCAL YEAR ENDING
                            SEPTEMBER 30, 1981
      Pub. L. 96-499, title II, Sec. 210, Dec. 5, 1980, 94 Stat. 2602,
    provided that: "Notwithstanding section 4(b)(2)(B)(ii) of the Child
    Nutrition Act of 1966 [subsec. (b)(2)(B)(ii) of this section], in
    determining the maximum payment for free breakfasts under such
    section for the fiscal year ending September 30, 1981 - 
        "(1) no adjustment under such section shall be made on January
      1 of such fiscal year; and
        "(2) the adjustment under such section required to be made on
      July 1 of such fiscal year shall be computed to the nearest one-
      fourth cent based on changes, measured over the preceding twelve-
      month period for which data are available, in the series for
      food away from home of the Consumer Price Index for All Urban
      Consumers, published by the Bureau of Labor Statistics,
      Department of Labor."

                              ALTERNATE FOODS                          
      Pub. L. 95-627, Sec. 6(d), Nov. 10, 1998, 93 Stat. 3621, provided
    that: "The Secretary shall not limit or prohibit, during the school
    year 1978-79, the use of formulated grain-fruit products currently
    approved for use in the school breakfast program. The Secretary
    shall consult experts in child nutrition, industry representatives,
    and school food service personnel and school administrators
    (including personnel and administrators in school systems using
    such products) with respect to the continued use of formulated
    grain-fruit products in the school breakfast program, and shall
    also take into account the findings and recommendations in the
    report on this subject of the General Accounting Office [now
    Government Accountability Office]. The Secretary shall not
    promulgate a final rule disapproving the use of such products in
    the school breakfast program beyond the 1978-79 school year until
    the Secretary has notified the appropriate committees of Congress,
    and such rule shall not take effect until sixty days after such
    notification."

        REPORT TO CONGRESS OF NEEDS FOR ADDITIONAL FUNDS FOR SCHOOL
    BREAKFAST AND NONFOOD ASSISTANCE PROGRAMS, FISCAL YEAR ENDING JUNE
                                 30, 1972
      Pub. L. 92-153, Sec. 3, Nov. 5, 1971, 85 Stat. 420, provided that
    the Secretary of Agriculture determine immediately upon enactment
    of this resolution (Nov. 5, 1971) and report to Congress the needs
    for additional funds to carry out the school breakfast and nonfood
    assistance programs during the fiscal year ending June 30, 1972, at
    levels permitting expansion of the school breakfast and school
    lunch programs to all schools desiring such programs as rapidly as
    practicable.

     TRANSFER OF FUNDS TO SCHOOLS IN NEED OF ADDITIONAL ASSISTANCE IN
                         SCHOOL BREAKFAST PROGRAM
      Pub. L. 92-153, Sec. 7, Nov. 5, 1971, 85 Stat. 420, provided
    that: "In addition to any other authority given to the Secretary he
    is hereby authorized to transfer funds from section 32 of the Act
    of August 24, 1935 [section 612c of Title 7, Agriculture], for the
    purpose of assisting schools which demonstrate a need for
    additional funds in the school breakfast program."

     DIRECT DISTRIBUTION PROGRAMS FOR DIET OF NEEDY CHILDREN SUFFERING
            FROM GENERAL AND CONTINUED HUNGER; ADDITIONAL FUNDS
      Additional funds for direct distribution programs for diet of
    needy children suffering from general and continued hunger and
    payment of administrative costs of State or local welfare agency
    carrying out such programs, see section 6 of Pub. L. 92-32, set out
    as a note under section 612c of Title 7, Agriculture.

-End-

-CITE-
    42 USC Sec. 1774                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1774. Disbursement directly to schools or institutions

-STATUTE-
      (a) The Secretary shall withhold funds payable to a State under
    this chapter and disburse the funds directly to schools or
    institutions within the State for the purposes authorized by this
    chapter to the extent that the Secretary has so withheld and
    disbursed such funds continuously since October 1, 1980, but only
    to such extent (except as otherwise required by subsection (b) of
    this section). Any funds so withheld and disbursed by the Secretary
    shall be used for the same purposes, and shall be subject to the
    same conditions, as applicable to a State disbursing funds made
    available under this chapter. If the Secretary is administering (in
    whole or in part) any program authorized under this chapter, the
    State in which the Secretary is administering the program may, upon
    request to the Secretary, assume administration of that program.
      (b) If a State educational agency is not permitted by law to
    disburse the funds paid to it under this chapter to any of the
    nonpublic schools in the State, the Secretary shall disburse the
    funds directly to such schools within the State for the same
    purposes and subject to the same conditions as are authorized or
    required with respect to the disbursements to public schools within
    the State by the State educational agency.

-SOURCE-
    (Pub. L. 89-642, Sec. 5, as added Pub. L. 97-35, title VIII, Sec.
    817(e), Aug. 13, 1981, 95 Stat. 532.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1774, Pub. L. 89-642, Sec. 5, Oct. 11, 1966, 80
    Stat. 887; Pub. L. 91-248, Sec. 2, May 14, 1970, 84 Stat. 208; Pub.
    L. 92-433, Sec. 6(a)-(d), Sept. 26, 1972, 86 Stat. 727; Pub. L. 93-
    326, Sec. 5, June 30, 1974, 88 Stat. 287; Pub. L. 94-105, Sec. 18,
    Oct. 7, 1975, 89 Stat. 525; Pub. L. 95-166, Secs. 4, 20(3), (4),
    Nov. 10, 1977, 91 Stat. 1332, 1346; Pub. L. 95-627, Sec. 6(b), Nov.
    10, 1978, 92 Stat. 3620; Pub. L. 96-499, title II, Sec. 211, Dec.
    5, 1980, 94 Stat. 2603, made provision for food service equipment
    assistance program, prior to repeal by Pub. L. 97-35, Sec. 805(b).

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1981, see section 820(a)(4) of Pub. L.
    97-35, set out as an Effective Date of 1981 Amendment note under
    section 1753 of this title.

     REPORT TO CONGRESS OF NEEDS FOR EQUIPMENT TO BE SUBMITTED BY JUNE
                                 30, 1973
      Pub. L. 92-433, Sec. 6(e), Sept. 26, 1972, 86 Stat. 729, directed
    Secretary, to assist Congress in determining amounts needed
    annually, to conduct a survey among States and school districts on
    unmet needs for equipment in schools eligible for assistance under
    former section 1774 of this title, results of such survey to be
    reported to Congress by June 30, 1973.

-End-

-CITE-
    42 USC Sec. 1775                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1775. Certification to Secretary of the Treasury of amounts to
      be paid to States

-STATUTE-
      The Secretary shall certify to the Secretary of the Treasury from
    time to time the amounts to be paid to any State under sections
    1772 through 1776 of this title and the time or times such amounts
    are to be paid; and the Secretary of the Treasury shall pay to the
    State at the time or times fixed by the Secretary the amounts so
    certified.

-SOURCE-
    (Pub. L. 89-642, Sec. 6, Oct. 11, 1966, 80 Stat. 888.)

-End-

-CITE-
    42 USC Sec. 1776                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1776. State administrative expenses

-STATUTE-
    (a) Amount and allocation of funds
      (1) Amount available
        (A) In general
          Except as provided in subparagraph (B), each fiscal year, the
        Secretary shall make available to the States for their
        administrative costs an amount equal to not less than 1 1/2 
        percent of the Federal funds expended under sections 4, 11, and
        17 of the Richard B. Russell National School Lunch Act [42
        U.S.C. 1753, 1759a, 1766] and 1772 and 1773 of this title
        during the second preceding fiscal year.
        (B) Minimum amount
          In the case of each of fiscal years 2005 through 2007, the
        Secretary shall make available to each State for administrative
        costs not less than the initial allocation made to the State
        under this subsection for fiscal year 2004.
        (C) Allocation
          The Secretary shall allocate the funds so provided in
        accordance with paragraphs (2), (3), and (4) of this
        subsection.
      (2) Expense grants
        (A) In general
          Subject to subparagraph (B), the Secretary shall allocate to
        each State for administrative costs incurred in any fiscal year
        in connection with the programs authorized under the Richard B.
        Russell National School Lunch Act [42 U.S.C. 1751 et seq.] or
        under this chapter, except for the programs authorized under
        section 13 or 17 of the Richard B. Russell National School
        Lunch Act [42 U.S.C. 1761, 1766] or under section 1786 of this
        title, an amount equal to not less than 1 percent and not more
        than 1 1/2  percent of the funds expended by each State under
        sections 4 and 11 of the Richard B. Russell National School
        Lunch Act [42 U.S.C. 1753, 1759a] and sections 1772 and 1773 of
        this title during the second preceding fiscal year.
        (B) Minimum amount
          (i) In general
            In no case shall the grant available to any State under
          this paragraph be less than the amount such State was
          allocated in the fiscal year ending September 30, 1981, or
          $200,000 (as adjusted under clause (ii),(!1) whichever is
          larger.

          (ii) Adjustment
            On October 1, 2008, and each October 1 thereafter, the
          minimum dollar amount for a fiscal year specified in clause
          (i) shall be adjusted to reflect the percentage change
          between - 
              (I) the value of the index for State and local government
            purchases, as published by the Bureau of Economic Analysis
            of the Department of Commerce, for the 12-month period
            ending June 30 of the second preceding fiscal year; and
              (II) the value of that index for the 12-month period
            ending June 30 of the preceding fiscal year.

      (3) The Secretary shall allocate to each State for its
    administrative costs incurred under the program authorized by
    section 17 of the Richard B. Russell National School Lunch Act [42
    U.S.C. 1766] in any fiscal year an amount, based upon funds
    expended under that program in the second preceding fiscal year,
    equal to (A) 20 percent of the first $50,000, (B) 10 percent of the
    next $100,000, (C) 5 percent of the next $250,000, and (D) 2 1/2 
    percent of any remaining funds. If an agency in the State other
    than the State educational agency administers such program, the
    State shall ensure that an amount equal to no less than the funds
    due the State under this paragraph is provided to such agency for
    costs incurred by such agency in administering the program, except
    as provided in paragraph (5). The Secretary may adjust any State's
    allocation to reflect changes in the size of its program.
      (4) The remaining funds appropriated under this section shall be
    allocated among the States by the Secretary in amounts the
    Secretary determines necessary for the improvement in the States of
    the administration of the programs authorized under the Richard B.
    Russell National School Lunch Act [42 U.S.C. 1751 et seq.] and this
    chapter, except for section 1786 of this title, including, but not
    limited to, improved program integrity and the quality of meals
    served to children.
      (5)(A) Not more than 25 percent of the amounts made available to
    each State under this section for the fiscal year 1991 and 20
    percent of the amounts made available to each State under this
    section for the fiscal year 1992 and for each succeeding fiscal
    year may remain available for obligation or expenditure in the
    fiscal year succeeding the fiscal year for which such amounts were
    appropriated.
      (B) Reallocation of funds. - 
        (i) Return to secretary. - For each fiscal year, any amounts
      appropriated that are not obligated or expended during the fiscal
      year and are not carried over for the succeeding fiscal year
      under subparagraph (A) shall be returned to the Secretary.
        (ii) Reallocation by secretary. - The Secretary shall allocate,
      for purposes of administrative costs, any remaining amounts among
      States that demonstrate a need for the amounts.

      (6) Use of administrative funds. - Funds available to a State
    under this subsection and under section 13(k)(1) of the Richard B.
    Russell National School Lunch Act (42 U.S.C. 1761(k)(1)) may be
    used by the State for the costs of administration of the programs
    authorized under this chapter (except for the programs authorized
    under sections 1786 and 1790 of this title) and the Richard B.
    Russell National School Lunch Act (42 U.S.C. 1751 et seq.) without
    regard to the basis on which the funds were earned and allocated.
      (7) Where the Secretary is responsible for the administration of
    programs under this chapter or the Richard B. Russell National
    School Lunch Act [42 U.S.C. 1751 et seq.], the amount of funds that
    would be allocated to the State agency under this section and under
    section 13(k)(1) of the Richard B. Russell National School Lunch
    Act [42 U.S.C. 1761(k)(1)] shall be retained by the Secretary for
    the Secretary's use in the administration of such programs.
      (8) In the fiscal year 1991 and each succeeding fiscal year, in
    accordance with regulations issued by the Secretary, each State
    shall ensure that the State agency administering the distribution
    of commodities under programs authorized under this chapter and
    under the Richard B. Russell National School Lunch Act [42 U.S.C.
    1751 et seq.] is provided, from funds made available to the State
    under this subsection, an appropriate amount of funds for
    administrative costs incurred in distributing such commodities. In
    developing such regulations, the Secretary may consider the value
    of commodities provided to the State under this chapter and under
    the Richard B. Russell National School Lunch Act.
      (9)(A) If the Secretary determines that the administration of any
    program by a State under this chapter (other than section 1786 of
    this title) or under the Richard B. Russell National School Lunch
    Act (42 U.S.C. 1751 et seq.)(including any requirement to provide
    sufficient training, technical assistance, and monitoring of the
    child and adult care food program under section 17 of that Act (42
    U.S.C. 1766)), or compliance with a regulation issued pursuant to
    either this chapter or such Act, is seriously deficient, and the
    State fails to correct the deficiency within a specified period of
    time, the Secretary may withhold from the State some or all of the
    funds allocated to the State under this section or under section
    13(k)(1) or 17 of the Richard B. Russell National School Lunch Act
    (42 U.S.C. 1761(k)(1) or 1766).
      (B) On a subsequent determination by the Secretary that the
    administration of any program referred to in subparagraph (A), or
    compliance with the regulations issued to carry out the program, is
    no longer seriously deficient and is operated in an acceptable
    manner, the Secretary may allocate some or all of the funds
    withheld under such subparagraph.
    (b) Funds, usage: compensation, benefits, and travel expenses of
      personnel; support services; office equipment; staff development
      Funds paid to a State under subsection (a) of this section may be
    used to pay salaries, including employee benefits and travel
    expenses, for administrative and supervisory personnel; for support
    services; for office equipment; and for staff development.
    (c) Fund adjustment; State administered programs
      If any State agency agrees to assume responsibility for the
    administration of food service programs in nonprofit private
    schools or child care institutions that were previously
    administered by the Secretary, an appropriate adjustment shall be
    made in the administrative funds paid under this section to the
    State not later than the succeeding fiscal year.
    (d) Unused funds; availability for obligation and expenditure, and
      reallocation to other States
      Notwithstanding any other provision of law, funds made available
    to each State under this section shall remain available for
    obligation and expenditure by that State during the fiscal year
    immediately following the fiscal year for which such funds were
    made available. For each fiscal year the Secretary shall establish
    a date by which each State shall submit to the Secretary a plan for
    the disbursement of funds provided under this section for each such
    year, and the Secretary shall reallocate any unused funds, as
    evidenced by such plans, to other States as the Secretary considers
    appropriate.
    (e) Plans for use of administrative expense funds
      (1) In general
        Each State shall submit to the Secretary for approval by
      October 1 of the initial fiscal year a plan for the use of State
      administrative expense funds, including a staff formula for State
      personnel, system level supervisory and operating personnel, and
      school level personnel.
      (2) Updates and information management systems
        (A) In general
          After submitting the initial plan, a State shall be required
        to submit to the Secretary for approval only a substantive
        change in the plan.
        (B) Plan contents
          Each State plan shall, at a minimum, include a description of
        how technology and information management systems will be used
        to improve program integrity by - 
            (i) monitoring the nutrient content of meals served;
            (ii) training local educational agencies, school food
          authorities, and schools in how to use technology and
          information management systems (including verifying
          eligibility for free or reduced price meals using program
          participation or income data gathered by State or local
          agencies); and
            (iii) using electronic data to establish benchmarks to
          compare and monitor program integrity, program participation,
          and financial data.
      (3) Training and technical assistance
        Each State shall submit to the Secretary for approval a plan
      describing the manner in which the State intends to implement
      subsection (g) of this section and section 22(b)(3) of the
      Richard B. Russell National School Lunch Act [42 U.S.C.
      1769c(b)(3)].
    (f) State funding requirement
      Payments of funds under this section shall be made only to States
    that agree to maintain a level of funding out of State revenues,
    for administrative costs in connection with programs under this
    chapter (except section 1786 of this title) and the Richard B.
    Russell National School Lunch Act [42 U.S.C. 1751 et seq.] (except
    section 13 of that Act [42 U.S.C. 1761]), not less than the amount
    expended or obligated in fiscal year 1977, and that agree to
    participate fully in any studies authorized by the Secretary.
    (g) State training
      (1) In general
        At least annually, each State shall provide training in
      administrative practices (including training in application,
      certification, verification, meal counting, and meal claiming
      procedures) to local educational agency and school food authority
      administrative personnel and other appropriate personnel, with
      emphasis on the requirements established by the Child Nutrition
      and WIC Reauthorization Act of 2004 and the amendments made by
      that Act.
      (2) Federal role
        The Secretary shall - 
          (A) provide training and technical assistance to a State; or
          (B) at the option of the Secretary, directly provide training
        and technical assistance described in paragraph (1).
      (3) Required participation
        In accordance with procedures established by the Secretary,
      each local educational agency or school food authority shall
      ensure that an individual conducting or overseeing administrative
      procedures described in paragraph (1) receives training at least
      annually, unless determined otherwise by the Secretary.
    (h) Funding for training and administrative reviews
      (1) Funding
        (A) In general
          On October 1, 2004, and on each October 1 thereafter, out of
        any funds in the Treasury not otherwise appropriated, the
        Secretary of the Treasury shall transfer to the Secretary of
        Agriculture to carry out this subsection $4,000,000, to remain
        available until expended.
        (B) Receipt and acceptance
          The Secretary shall be entitled to receive, shall accept, and
        shall use to carry out this subsection the funds transferred
        under subparagraph (A), without further appropriation.
      (2) Use of funds
        (A) In general
          Except as provided in subparagraph (B), the Secretary shall
        use funds provided under this subsection to assist States in
        carrying out subsection (g) of this section and administrative
        reviews of selected local educational agencies carried out
        under section 22 of the Richard B. Russell National School
        Lunch Act (42 U.S.C. 1769c).
        (B) Exception
          The Secretary may retain a portion of the amount provided to
        cover costs of activities carried out by the Secretary in lieu
        of the State.
      (3) Allocation
        The Secretary shall allocate funds provided under this
      subsection to States based on the number of local educational
      agencies that have demonstrated a high level of, or a high risk
      for, administrative error, as determined by the Secretary, taking
      into account the requirements established by the Child Nutrition
      and WIC Reauthorization Act of 2004 and the amendments made by
      that Act.
      (4) Reallocation
        The Secretary may reallocate, to carry out this section, any
      amounts made available to carry out this subsection that are not
      obligated or expended, as determined by the Secretary.
    (i) Technology infrastructure improvement
      (1) In general
        Each State shall submit to the Secretary, for approval by the
      Secretary, an amendment to the plan required by subsection (e) of
      this section that describes the manner in which funds provided
      under this section will be used for technology and information
      management systems.
      (2) Requirements
        The amendment shall, at a minimum, describe the manner in which
      the State will improve program integrity by - 
          (A) monitoring the nutrient content of meals served;
          (B) providing training to local educational agencies, school
        food authorities, and schools on the use of technology and
        information management systems for activities including - 
            (i) menu planning;
            (ii) collection of point-of-sale data; and
            (iii) the processing of applications for free and reduced
          price meals; and

          (C) using electronic data to establish benchmarks to compare
        and monitor program integrity, program participation, and
        financial data across schools and school food authorities.
      (3) Technology infrastructure grants
        (A) In general
          Subject to the availability of funds made available under
        paragraph (4) to carry out this paragraph, the Secretary shall,
        on a competitive basis, provide funds to States to be used to
        provide grants to local educational agencies, school food
        authorities, and schools to defray the cost of purchasing or
        upgrading technology and information management systems for use
        in programs authorized by this chapter (other than section 1786
        of this title) and the Richard B. Russell National School Lunch
        Act (42 U.S.C. 1751 et seq.).
        (B) Infrastructure development plan
          To be eligible to receive a grant under this paragraph, a
        school or school food authority shall submit to the State a
        plan to purchase or upgrade technology and information
        management systems that addresses potential cost savings and
        methods to improve program integrity, including - 
            (i) processing and verification of applications for free
          and reduced price meals;
            (ii) integration of menu planning, production, and serving
          data to monitor compliance with section 9(f)(1) of the
          Richard B. Russell National School Lunch Act (42 U.S.C.
          1758(f)(1)); and
            (iii) compatibility with statewide reporting systems.
      (4) Authorization of appropriations
        There are authorized to be appropriated to carry out this
      subsection such sums as are necessary for each of fiscal years
      2005 through 2009, to remain available until expended.
    (j) Authorization of appropriations
      For the fiscal year beginning October 1, 1977, and each
    succeeding fiscal year ending before October 1, 2009, there are
    hereby authorized to be appropriated such sums as may be necessary
    for the purposes of this section.

-SOURCE-
    (Pub. L. 89-642, Sec. 7, Oct. 11, 1966, 80 Stat. 888; Pub. L. 90-
    302, Sec. 4, May 8, 1968, 82 Stat. 119; Pub. L. 91-248, Sec. 5,
    May 14, 1970, 84 Stat. 210; Pub. L. 95-166, Sec. 14, Nov. 10, 1977,
    91 Stat. 1338; Pub. L. 95-627, Sec. 7(a), Nov. 10, 1978, 92 Stat.
    3621; Pub. L. 96-499, title II, Sec. 201(b), Dec. 5, 1980, 94 Stat.
    2600; Pub. L. 97-35, title VIII, Secs. 814, 819(e), Aug. 13, 1981,
    95 Stat. 531, 533; Pub. L. 99-500, title III, Secs. 313, 332, Oct.
    18, 1986, 100 Stat. 1783-360, 1783-363, and Pub. L. 99-591, title
    III, Secs. 313, 332, Oct. 30, 1986, 100 Stat. 3341-363, 3341-367;
    Pub. L. 99-661, div. D, title I, Sec. 4103, title II, Sec. 4212,
    Nov. 14, 1986, 100 Stat. 4071, 4075; Pub. L. 101-147, title I, Sec.
    122(a), Nov. 10, 1989, 103 Stat. 893; Pub. L. 102-512, title I,
    Sec. 103, Oct. 24, 1992, 106 Stat. 3363; Pub. L. 103-448, title I,
    Sec. 117(a)(2)(B), title II, Sec. 202, Nov. 2, 1994, 108 Stat.
    4717, 4737; Pub. L. 104-193, title VII, Sec. 724, Aug. 22, 1996,
    110 Stat. 2302; Pub. L. 105-336, title II, Sec. 202, Oct. 31, 1998,
    112 Stat. 3158; Pub. L. 106-78, title VII, Sec. 752(b)(16), Oct.
    22, 1999, 113 Stat. 1170; Pub. L. 106-224, title II, Sec. 243(j),
    June 20, 2000, 114 Stat. 420; Pub. L. 108-265, title I, Sec.
    126(c), title II, Sec. 202, June 30, 2004, 118 Stat. 765, 769.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Richard B. Russell National School Lunch Act, referred to in
    subsecs. (a), (f) and (i)(3)(A), is act June 4, 1946, ch. 281, 60
    Stat. 230, as amended, which is classified generally to chapter 13
    (Sec. 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.
      The Child Nutrition and WIC Reauthorization Act of 2004, referred
    to in subsecs. (g)(1) and (h)(3), is Pub. L. 108-265, June 30,
    2004, 118 Stat. 729, as amended. For complete classification of
    this Act to the Code, see Short Title of 2004 Amendment note set
    out under section 1751 of this title and Tables.

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-265, Sec. 202(a)(1), inserted
    heading.
      Subsec. (a)(1). Pub. L. 108-265, Sec. 202(a)(1), (2)(A), inserted
    par. heading, designated first and second sentences as subpars. (A)
    and (C), respectively, inserted subpar. (A) and (C) headings, in
    subpar. (A) substituted "Except as provided in subparagraph (B),
    each" for "Each", added subpar. (B), and struck out at end "There
    are hereby authorized to be appropriated such sums as may be
    necessary to carry out the purposes of this section."
      Subsec. (a)(2). Pub. L. 108-265, Sec. 202(a)(2)(B), inserted par.
    heading, designated existing provisions as subpars. (A) and (B)(i),
    inserted headings, in subpar. (A) substituted "Subject to
    subparagraph (B), the" for "The", in subpar. (B)(i) substituted
    "this paragraph" for "this subsection" and "$200,000 (as adjusted
    under clause (ii)" for "$100,000", and added subpar. (B)(ii).
      Subsec. (e). Pub. L. 108-265, Sec. 126(c)(1), inserted subsec.
    heading, designated existing provisions as par. (1), inserted par.
    heading, struck out last sentence requiring a State, after
    submitting the initial plan, to submit to the Secretary for
    approval only a substantive change in the plan, and added pars. (2)
    and (3).
      Subsecs. (g), (h). Pub. L. 108-265, Sec. 126(c)(3), added
    subsecs. (g) and (h). Former subsec. (g) redesignated (j).
      Subsec. (i). Pub. L. 108-265, Sec. 202(b), added subsec. (i).
      Subsec. (j). Pub. L. 108-265, Sec. 202(c), substituted "2009" for
    "2003".
      Pub. L. 108-265, Sec. 126(c)(2), redesignated subsec. (g) as (j).
      2000 - Subsec. (a)(9)(A). Pub. L. 106-224 inserted "(including
    any requirement to provide sufficient training, technical
    assistance, and monitoring of the child and adult care food program
    under section 17 of that Act (42 U.S.C. 1766))" after "(42 U.S.C.
    1751 et seq.)".
      1999 - Subsecs. (a), (f). Pub. L. 106-78 substituted "Richard B.
    Russell National School Lunch Act" for "National School Lunch Act"
    wherever appearing.
      1998 - Subsec. (a)(5)(B). Pub. L. 105-336, Sec. 202(a), amended
    subpar. (B) generally, substituting present provisions for
    provisions which related to return of unexpended funds to Secretary
    and reallocation of such funds to provide annual grants to public
    entities and private nonprofit organizations participating in
    projects under former section 1766b of this title.
      Subsec. (a)(6). Pub. L. 105-336, Sec. 202(b), amended par. (6)
    generally. Prior to amendment, par. (6) read as follows: "Funds
    available to States under this subsection and under section
    13(k)(1) of the National School Lunch Act shall be used for the
    costs of administration of the programs for which the allocations
    are made, except that States may transfer up to 10 percent of any
    of the amounts allocated among such programs."
      Subsec. (g). Pub. L. 105-336, Sec. 202(c), substituted "2003" for
    "1998".
      1996 - Subsec. (e). Pub. L. 104-193, Sec. 724(b), substituted
    "the initial fiscal year a plan" for "each year an annual plan" and
    inserted at end "After submitting the initial plan, a State shall
    be required to submit to the Secretary for approval only a
    substantive change in the plan."
      Pub. L. 104-193, Sec. 724(a), redesignated subsec. (f) as (e) and
    struck out former subsec. (e) which read as follows: "The State may
    use a portion of the funds available under this section to assist
    in the administration of the commodity distribution program."
      Subsecs. (f), (g). Pub. L. 104-193, Sec. 724(a)(2), redesignated
    subsecs. (g) and (i) as (f) and (g), respectively. Former subsec.
    (f) redesignated (e).
      Subsec. (h). Pub. L. 104-193, Sec. 724(a)(1), struck out subsec.
    (h) which read as follows: "The Secretary may not provide amounts
    under this section to a State for administrative costs incurred in
    any fiscal year unless the State agrees to participate in any study
    or survey of programs authorized under this chapter or the National
    School Lunch Act (42 U.S.C. 1751 et seq.) and conducted by the
    Secretary."
      Subsec. (i). Pub. L. 104-193, Sec. 724(a)(2), redesignated
    subsec. (i) as (g).
      1994 - Subsec. (a)(5)(B)(i)(I). Pub. L. 103-448, Sec.
    117(a)(2)(B), substituted "projects under section 17B of the
    National School Lunch Act" for "projects under section 18(c) of the
    National School Lunch Act (42 U.S.C. 1769(c))" and substituted
    "fiscal year 1995 and each subsequent fiscal year" for "each of
    fiscal years 1993 and 1994" in two places.
      Subsec. (a)(9). Pub. L. 103-448, Sec. 202(a), added par. (9).
      Subsec. (h). Pub. L. 103-448, Sec. 202(c)(2), added subsec. (h).
    Former subsec. (h) redesignated (i).
      Pub. L. 103-448, Sec. 202(b), substituted "1998" for "1994".
      Subsec. (i). Pub. L. 103-448, Sec. 202(c)(1), redesignated
    subsec. (h) as (i).
      1992 - Subsec. (a)(5)(B)(i). Pub. L. 102-512, Sec. 103(1),
    substituted a colon for ", the Secretary shall - " in introductory
    provisions.
      Subsec. (a)(5)(B)(i)(I). Pub. L. 102-512, Sec. 103(2), added
    subcl. (I) and struck out former subcl. (I) which read as follows:
    "first allocate, for the purpose of providing grants on an annual
    basis to private nonprofit organizations participating in projects
    under section 18(f) of the National School Lunch Act, not less than
    $3,000,000 in the fiscal year 1992 and not less than $4,000,000 in
    each of the fiscal years 1993 and 1994; and".
      Subsec. (a)(5)(B)(i)(II). Pub. L. 102-512, Sec. 103(3),
    substituted "After making the allocations under subclause (I), the
    Secretary shall allocate," for "then allocate,".
      1989 - Subsec. (a)(3). Pub. L. 101-147, Sec. 122(a)(1)(A),
    inserted after first sentence "If an agency in the State other than
    the State educational agency administers such program, the State
    shall ensure that an amount equal to no less than the funds due the
    State under this paragraph is provided to such agency for costs
    incurred by such agency in administering the program, except as
    provided in paragraph (5)."
      Subsec. (a)(5) to (8). Pub. L. 101-147, Sec. 122(a)(1)(B)-(D),
    added pars. (5) and (8) and redesignated former pars. (5) and (6)
    as (6) and (7), respectively.
      Subsec. (g). Pub. L. 101-147, Sec. 122(a)(2), inserted before
    period at end ", and that agree to participate fully in any studies
    authorized by the Secretary".
      Subsec. (h). Pub. L. 101-147, Sec. 122(a)(3), substituted "For
    the fiscal year beginning October 1, 1977, and each succeeding
    fiscal year ending before October 1, 1994," for "For the fiscal
    years beginning October 1, 1977, and ending September 30, 1989,".
      1986 - Subsecs. (b) to (g). Pub. L. 99-500 and Pub. L. 99-591,
    Sec. 332, and Pub. L. 99-661, Sec. 4212, amended section
    identically, redesignating subsecs. (c) to (h) as (b) to (g),
    respectively, and striking out former subsec. (b) which read as
    follows: "The Secretary, in cooperation with the several States,
    shall develop State staffing standards for the administration by
    each State of sections 4, 11, and 17 of the National School Lunch
    Act [42 U.S.C. 1753, 1759a, 1766], and sections 1772 and 1773 of
    this title, that will ensure sufficient staff for the planning and
    administration of programs covered by State administrative
    expenses."
      Subsecs. (h), (i). Pub. L. 99-500 and Pub. L. 99-591, Secs. 313,
    332(2), and Pub. L. 99-661, Secs. 4103, 4212(2), amended section
    identically, redesignating subsec. (i) as (h) and substituting
    "1989" for "1984". Former subsec. (h) redesignated (g).
      1981 - Subsec. (a). Pub. L. 97-35, Secs. 814(a), 819(e), in par.
    (1) struck out reference to section 1774 of this title, and in par.
    (2) substituted "1981" for "1978" and struck out reference to
    section 1774 of this title.
      Subsec. (b). Pub. L. 97-35, Sec. 819(e), struck out reference to
    section 1774 of this title.
      Subsec. (e). Pub. L. 97-35, Sec. 814(b), substituted provisions
    relating to general availability of unobligated funds during fiscal
    years following the fiscal years for which such funds were made
    available for provisions relating to availability of unobligated
    funds for fiscal year 1979 and for the five succeeding fiscal
    years.
      1980 - Subsec. (e). Pub. L. 96-499, Sec. 201(b)(1), substituted
    "and for the five succeeding fiscal years" for "and the succeeding
    fiscal year".
      Subsec. (i). Pub. L. 96-499, Sec. 201(b)(2), substituted
    "September 30, 1984" for "September 30, 1980".
      1978 - Subsec. (a). Pub. L. 95-627 generally revised and
    restructured subsection and, among other changes, inserted formula
    for determining State allocations for administrative costs incurred
    under the program authorized by section 17 of the National School
    Lunch Act, authorized the State to transfer up to ten percent of
    any amounts allocated for administrative costs of the programs for
    which such funds were allocated, and authorized retention by the
    Secretary for the Secretary's use in administering certain
    programs, allocations for such programs, under this section and
    section 13(k)(1) of the National School Lunch Act.
      1977 - Subsecs. (a) to (i). Pub. L. 95-166 added subsecs. (a) to
    (i) and struck out prior provisions authorizing the Secretary to
    utilize appropriated funds for advances to State educational
    agencies for use for administrative expenses, advancing the fund
    only in necessary amounts and for administration of certain
    activities, and authorizing appropriation of necessary sums, now
    incorporated in subsec. (i) of this section.
      1970 - Pub. L. 91-248 inserted provisions authorizing Secretary
    to utilize funds appropriated under this section for advances for
    administrative expenses of any other designated State agency as
    well as for those of the State educational agency and in the case
    of either State agency, for its administrative expenses in
    supervising and giving technical assistance to service institutions
    as well as to local school districts.
      1968 - Pub. L. 90-302 inserted the programs under sections 1759a
    and 1761 of this title to the enumeration of programs in which
    appropriated funds could be used for administrative expenses of
    local school districts in supervising and giving technical
    assistance and added section 1761 to the enumeration of sections
    covering programs of additional activities under which funds could
    be advanced only in amounts and to the extent determined necessary
    by the Secretary.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by section 126(c) of Pub. L. 108-265 effective July 1,
    2004, amendment by section 202(a) of Pub. L. 108-265 effective Oct.
    1, 2004, and amendment by section 202(b), (c) of Pub. L. 108-265
    effective June 30, 2004, see section 502(a), (b)(1), (2) of Pub. L.
    108-265, as amended, set out as an Effective Date note under
    section 1754 of this title.

                     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 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 1992 AMENDMENT                 
      Amendment by Pub. L. 102-512 effective Sept. 30, 1992, see
    section 104 of Pub. L. 102-512, set out as a note under section
    1769 of this title.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 122(b) of Pub. L. 101-147 provided that: "The amendment
    made by subsection (a)(1)(A) [amending this section] shall be
    effective as of October 1, 1989."

                     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.

                     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.

-FOOTNOTE-
    (!1) So in original. Probably should be preceded by an additional
         closing parenthesis.

-End-

-CITE-
    42 USC Secs. 1776a, 1776b                                   01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Secs. 1776a, 1776b. Omitted

-COD-
                               CODIFICATION                           
      Section 1776a, Pub. L. 103-111, title IV, Oct. 21, 1993, 107
    Stat. 1071, conditioned the distribution of funds under section
    1776 of this title upon agreement by a State to participate in
    studies and surveys of programs authorized under this chapter or
    the preceding chapter, when such studies or surveys were directed
    by Congress and requested by the Secretary of Agriculture, and was
    not repeated in the Agricultural, Rural Development, Food and Drug
    Administration, and Related Agencies Appropriations Act, 1995. See
    section 1776(h) of this title.
      Section 1776b, Pub. L. 103-111, title IV, Oct. 21, 1993, 107
    Stat. 1071, authorized the withholding, by the Secretary of
    Agriculture, of funds allocated to a State under sections
    1761(k)(1) and 1776 of this title if the Secretary determined that
    the State was seriously deficient in administering any program
    under this chapter or the preceding chapter, and the State failed
    to correct such deficiencies within a specified period of time, and
    was not repeated in the Agricultural, Rural Development, Food and
    Drug Administration, and Related Agencies Appropriations Act, 1995.
    See section 1776(a)(9)(A) of this title.
      Provisions similar to sections 1776a and 1776b were contained in
    the following prior appropriation acts:
      Pub. L. 102-341, title IV, Aug. 14, 1992, 106 Stat. 900.
      Pub. L. 102-142, title IV, Oct. 28, 1991, 105 Stat. 904.
      Pub. L. 101-506, title III, Nov. 5, 1990, 104 Stat. 1340.
      Pub. L. 101-161, title III, Nov. 21, 1989, 103 Stat. 976.
      Pub. L. 100-460, title III, Oct. 1, 1988, 102 Stat. 2254.
      Pub. L. 100-202, Sec. 101(k) [title III], Dec. 22, 1987, 101
    Stat. 1329-322, 1329-348.
      Pub. L. 99-500, Sec. 101(a) [title III], Oct. 18, 1986, 100 Stat.
    1783, 1783-22, and Pub. L. 99-591, Sec. 101(a) [title III], Oct.
    30, 1986, 100 Stat. 3341, 3341-22.
      Pub. L. 99-190, Sec. 101(a) [H.R. 3037, title III], Dec. 19,
    1985, 99 Stat. 1185; Pub. L. 100-202, Sec. 106, Dec. 22, 1987, 101
    Stat. 1329-433.
      Pub. L. 98-473, title I, Sec. 101(a) [H.R. 5743, title III], Oct.
    12, 1984, 98 Stat. 1837.
      Pub. L. 98-151, Sec. 101(d) [H.R. 3223, title III], Nov. 14,
    1983, 97 Stat. 972.
      Pub. L. 97-370, title III, Dec. 18, 1982, 96 Stat. 1805.
      Pub. L. 97-103, title III, Dec. 23, 1981, 95 Stat. 1484.
      Pub. L. 96-528, title III, Dec. 15, 1980, 94 Stat. 3112.
      Pub. L. 96-108, title III, Nov. 9, 1979, 93 Stat. 837.
      Pub. L. 96-38, title I, July 25, 1979, 93 Stat. 98.

-End-

-CITE-
    42 USC Sec. 1777                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1777. Use in school breakfast program of food designated as
      being in abundance or food donated by the Secretary of
      Agriculture

-STATUTE-
      Each school participating under section 1773 of this title shall,
    insofar as practicable, utilize in its program foods designated
    from time to time by the Secretary as being in abundance, either
    nationally or in the school area, or foods donated by the
    Secretary. Foods available under section 1431 of title 7 or
    purchased under section 612c or 1446a-1 of title 7, may be donated
    by the Secretary to schools, in accordance with the needs as
    determined by local school authorities, for utilization in their
    feeding programs under this chapter.

-SOURCE-
    (Pub. L. 89-642, Sec. 8, Oct. 11, 1966, 80 Stat. 888.)

-End-

-CITE-
    42 USC Sec. 1778                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1778. Nonprofit programs

-STATUTE-
      The food and milk service programs in schools and nonprofit
    institutions receiving assistance under this chapter shall be
    conducted on a nonprofit basis.

-SOURCE-
    (Pub. L. 89-642, Sec. 9, Oct. 11, 1966, 80 Stat. 888.)

-End-

-CITE-
    42 USC Sec. 1779                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1779. Rules and regulations

-STATUTE-
    (a) Authority of Secretary
      The Secretary shall prescribe such regulations as the Secretary
    may deem necessary to carry out this chapter and the Richard B.
    Russell National School Lunch Act [42 U.S.C. 1751 et seq.],
    including regulations relating to the service of food in
    participating schools and service institutions in competition with
    the programs authorized under this chapter and the Richard B.
    Russell National School Lunch Act.
    (b) Sale of competitive foods
      The regulations shall not prohibit the sale of competitive foods
    approved by the Secretary in food service facilities or areas
    during the time of service of food under this chapter or the
    Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et
    seq.] if the proceeds from the sales of such foods will inure to
    the benefit of the schools or of organizations of students approved
    by the schools.
    (c) Transfer of funds; reserve for special projects
      In such regulations the Secretary may provide for the transfer of
    funds by any State between the programs authorized under this
    chapter and the Richard B. Russell National School Lunch Act [42
    U.S.C. 1751 et seq.] on the basis of an approved State plan of
    operation for the use of the funds and may provide for the reserve
    of up to 1 per centum of the funds available for apportionment to
    any State to carry out special developmental projects.

-SOURCE-
    (Pub. L. 89-642, Sec. 10, Oct. 11, 1966, 80 Stat. 889; Pub. L. 91-
    248, Sec. 8, May 14, 1970, 84 Stat. 212; Pub. L. 92-433, Sec. 7,
    Sept. 26, 1972, 86 Stat. 729; Pub. L. 95-166, Sec. 17, Nov. 10,
    1977, 91 Stat. 1345; Pub. L. 101-147, title III, Sec. 323, Nov. 10,
    1989, 103 Stat. 916; Pub. L. 103-448, title II, Sec. 203, Nov. 2,
    1994, 108 Stat. 4738; Pub. L. 104-193, title VII, Sec. 725, Aug.
    22, 1996, 110 Stat. 2302; Pub. L. 106-78, title VII, Sec.
    752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Richard B. Russell National School Lunch Act, referred to in
    text, is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which
    is classified generally to chapter 13 (Sec. 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.

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-78 substituted "Richard B. Russell National
    School Lunch Act" for "National School Lunch Act" wherever
    appearing.
      1996 - Subsec. (b). Pub. L. 104-193 redesignated par. (1) as
    subsec. (b) and struck out pars. (2) to (4) which read as follows:
      "(2) The Secretary shall develop and provide to State agencies,
    for distribution to private elementary schools and to public
    elementary schools through local educational agencies, model
    language that bans the sale of competitive foods of minimal
    nutritional value anywhere on elementary school grounds before the
    end of the last lunch period.
      "(3) The Secretary shall provide to State agencies, for
    distribution to private secondary schools and to public secondary
    schools through local educational agencies, a copy of regulations
    (in existence on the effective date of this paragraph) concerning
    the sale of competitive foods of minimal nutritional value.
      "(4) Paragraphs (2) and (3) shall not apply to a State that has
    in effect a ban on the sale of competitive foods of minimal
    nutritional value in schools in the State."
      1994 - Pub. L. 103-448 designated existing provisions as subsecs.
    (a) to (c), realigned margins, and in subsec. (b) designated
    existing provisions as par. (1), substituted "The regulations" for
    "Such regulations", and added pars. (2) to (4).
      1989 - Pub. L. 101-147 substituted "the Secretary" for "he"
    before "may deem" in first sentence.
      1977 - Pub. L. 95-166 inserted "approved by the Secretary" after
    "competitive foods".
      1972 - Pub. L. 92-433 inserted provision that regulations issued
    under the section shall not prohibit the sale of competitive foods
    in food service facilities or areas during the time of service of
    food if the proceeds from the sales of such foods inures to the
    benefit of the schools or organizations of students approved by the
    school.
      1970 - Pub. L. 91-248 provided that regulations under this
    chapter and under the National School Lunch Act may include
    provisions relating to the service of food in participating schools
    and service institutions in competition with programs under this
    chapter and the National School Lunch Act, provided for transfer of
    funds by any State between programs authorized under this chapter
    and under the National School Lunch Act, and provided for a reserve
    of up to one percent of the funds available for apportionment to
    any State to carry out special development projects.

                     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.

-End-

-CITE-
    42 USC Sec. 1780                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1780. Prohibition against interference with school personnel,
      curriculum, or instruction; prohibition against inclusion of
      assistance in determining income or resources for purposes of
      taxation, welfare, or public assistance programs

-STATUTE-
      (a) In carrying out the provisions of sections 1772 and 1773 of
    this title, the Secretary shall not impose any requirements with
    respect to teaching personnel, curriculum, instruction, methods of
    instruction, and materials of instruction.
      (b) The value of assistance to children under this chapter shall
    not be considered to be income or resources for any purpose under
    any Federal or State laws including, but not limited to, laws
    relating to taxation, welfare, and public assistance programs.
    Expenditures of funds from State and local sources for the
    maintenance of food programs for children shall not be diminished
    as a result of funds received under this chapter.

-SOURCE-
    (Pub. L. 89-642, Sec. 11, Oct. 11, 1966, 80 Stat. 889; Pub. L. 97-
    35, title VIII, Sec. 819(f), Aug. 13, 1981, 95 Stat. 533; Pub. L.
    104-193, title VII, Sec. 726, Aug. 22, 1996, 110 Stat. 2302.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-193 substituted "the Secretary
    shall not" for "neither the Secretary nor the State shall".
      1981 - Subsec. (a). Pub. L. 97-35 struck out reference to section
    1774 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.

-End-

-CITE-
    42 USC Sec. 1781                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1781. Preschool programs

-STATUTE-
      The Secretary may extend the benefits of all school feeding
    programs conducted and supervised by the Department of Agriculture
    to include preschool programs operated as part of the school
    system.

-SOURCE-
    (Pub. L. 89-642, Sec. 12, Oct 11, 1966, 80 Stat. 889.)

-End-

-CITE-
    42 USC Sec. 1782                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1782. Centralization in Department of Agriculture of
      administration of food service programs for children

-STATUTE-
      Authority for the conduct and supervision of Federal programs to
    assist schools in providing food service programs for children is
    assigned to the Department of Agriculture. To the extent
    practicable, other Federal agencies administering programs under
    which funds are to be provided to schools for such assistance shall
    transfer such funds to the Department of Agriculture for
    distribution through the administrative channels and in accordance
    with the standards established under this chapter and the Richard
    B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.].

-SOURCE-
    (Pub. L. 89-642, Sec. 13, Oct. 11, 1966, 80 Stat. 889; Pub. L. 106-
    78, title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Richard B. Russell National School Lunch Act, referred to in
    text, is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which
    is classified generally to chapter 13 (Sec. 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.

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-78 substituted "Richard B. Russell National
    School Lunch Act" for "National School Lunch Act".

-End-

-CITE-
    42 USC Sec. 1783                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1783. Appropriations for administrative expense

-STATUTE-
      There are hereby authorized to be appropriated for any fiscal
    year such sums as may be necessary to the Secretary for the
    Secretary's administrative expense under this chapter.

-SOURCE-
    (Pub. L. 89-642, Sec. 14, Oct. 11, 1966, 80 Stat. 889; Pub. L. 101-
    147, title III, Sec. 324, Nov. 10, 1989, 103 Stat. 917.)

-MISC1-
                                AMENDMENTS                            
      1989 - Pub. L. 101-147 inserted "Appropriations for
    administrative expense" as section catchline and substituted "are
    hereby" for "is hereby" and "the Secretary's" for "his".

-End-

-CITE-
    42 USC Sec. 1784                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1784. Definitions

-STATUTE-
      For the purposes of this chapter - 
        (1) "State" means any of the fifty States, the District of
      Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
      Guam, American Samoa, or the Commonwealth of the Northern Mariana
      Islands.
        (2) "State educational agency" means, as the State legislature
      may determine, (A) the chief State school officer (such as the
      State superintendent of public instruction, commissioner of
      education, or similar officer), or (B) a board of education
      controlling the State department of education.
        (3) "School" means (A) any public or nonprofit private school
      of high school grade or under, including kindergarten and
      preschool programs operated by such school, and (B) any public or
      licensed nonprofit private residential child care institution
      (including, but not limited to, orphanages and homes for the
      mentally retarded, but excluding Job Corps Centers funded by the
      Department of Labor). For purposes of clauses (A) and (B) of this
      paragraph, the term "nonprofit", when applied to any such private
      school or institution, means any such school or institution which
      is exempt from tax under section 501(c)(3) of title 26.
        (4) "Secretary" means the Secretary of Agriculture.
        (5) "School year" means the annual period from July 1 through
      June 30.
        (6) Except as used in section 1786 of this title, the terms
      "child" and "children" as used in this chapter, shall be deemed
      to include persons regardless of age who are determined by the
      State educational agency, in accordance with regulations
      prescribed by the Secretary, to have 1 or more disabilities and
      who are attending any nonresidential public or nonprofit private
      school of high school grade or under for the purpose of
      participating in a school program established for individuals
      with disabilities.
        (7) Disability. - The term "disability" has the meaning given
      the term in the Rehabilitation Act of 1973 for purposes of title
      II of that Act (29 U.S.C 760 et seq.).

-SOURCE-
    (Pub. L. 89-642, Sec. 15, Oct. 11, 1966, 80 Stat. 889; Pub. L. 94-
    105, Secs. 15(c), 17(b), Oct. 7, 1975, 89 Stat. 522, 525; Pub. L.
    95-166, Sec. 20(5), Nov. 10, 1977, 91 Stat. 1346; Pub. L. 95-627,
    Sec. 10(c), (d)(3), Nov. 10, 1978, 92 Stat. 3624; Pub. L. 96-499,
    title II, Sec. 212, Dec. 5, 1980, 94 Stat. 2603; Pub. L. 97-35,
    title VIII, Sec. 808(b), Aug. 13, 1981, 95 Stat. 527; Pub. L. 99-
    500, title III, Sec. 325(b), Oct. 18, 1986, 100 Stat. 1783-361,
    and Pub. L. 99-591, title III, Sec. 325(b), Oct. 30, 1986, 100
    Stat. 3341-365; Pub. L. 99-661, div. D, title II, Sec. 4205(b),
    Nov. 14, 1986, 100 Stat. 4072; Pub. L. 100-71, title I, Sec.
    101(b), July 11, 1987, 101 Stat. 430; Pub. L. 101-147, title III,
    Sec. 325, Nov. 10, 1989, 103 Stat. 917; Pub. L. 104-193, title VII,
    Sec. 727, Aug. 22, 1996, 110 Stat. 2302; Pub. L. 105-336, title I,
    Sec. 107(j)(3)(D), Oct. 31, 1998, 112 Stat. 3153.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Rehabilitation Act of 1973, referred to in par. (7), is Pub.
    L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is
    classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,
    Labor. Title II of the Act is classified generally to subchapter II
    (Sec. 760 et seq.) of chapter 16 of Title 29. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 701 of Title 29 and Tables.

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-
                                AMENDMENTS                            
      1998 - Par. (6). Pub. L. 105-336, Sec. 107(j)(3)(D)(i),
    substituted "disabilities" for "mental or physical handicaps" in
    two places.
      Par. (7). Pub. L. 105-336, Sec. 107(j)(3)(D)(ii), added par. (7).
      1996 - Par. (1). Pub. L. 104-193, Sec. 727(1), substituted "the
    Commonwealth of the Northern Mariana Islands" for "Trust Territory
    of the Pacific Islands".
      Par. (3). Pub. L. 104-193, Sec. 727(2), inserted "and" before
    "(B)" and struck out ", and (C) with respect to the Commonwealth of
    Puerto Rico, nonprofit child care centers certified as such by the
    Governor of Puerto Rico" before ". For purposes of clauses (A) and
    (B)".
      1989 - Pub. L. 101-147 redesignated subsecs. (a) through (f) as
    pars. (1) through (6), respectively, in par. (2) redesignated
    former pars. (1) and (2) as subpars. (A) and (B), respectively, in
    par. (3) substituted "Internal Revenue 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 handicapped" and "for
    individuals with mental or physical handicaps" for "for mentally or
    physically handicapped".
      1987 - Subsec. (c). Pub. L. 100-71 amended subsec. (c) generally.
    Prior to amendment, subsec. (c) read as follows: " 'School' means
    (A) any public or nonprofit private school of high school grade or
    under, including kindergarten and preschool programs operated by
    such school, (B) any public or licensed nonprofit private
    residential child care institution (including, but not limited to,
    orphanages and homes for the mentally retarded, but excluding Job
    Corps Centers funded by the Department of Labor), and (C) with
    respect to the Commonwealth 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 institution 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, Sec. 4205(b)(2), inserted "On
    July 1, 1988, and on 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 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 striking 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, Sec.
    4205(b)(2). See below.
      Pub. L. 99-661, Sec. 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 excluding Job
    Corps Centers funded by the Department of Labor" after "mentally
    retarded".
      1978 - Subsec. (e). Pub. L. 95-627, Sec. 10(c), substituted "from
    July 1 through June 30" for "determined in accordance with
    regulations issued by the Secretary".
      Subsec. (f). Pub. L. 95-627, Sec. 10(d)(3), added subsec. (f).
      1977 - Subsec. (e). Pub. L. 95-166 added subsec. (e).
      1975 - Subsec. (a). Pub. L. 94-105, Sec. 15(c), included Trust
    Territory of Pacific Islands in definition of "State".
      Subsecs. (c) to (e). Pub. L. 94-105, Sec. 17(b), struck out
    subsec. (c) which defined "Nonprofit private school" as any private
    school exempt from income tax under section 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 public or licensed nonprofit private residential child care
    institution (including, but not limited to, orphanages and homes
    for the mentally retarded), and provision defining "nonprofit" as
    an exemption under section 501(c)(3) of title 26.

                     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 applicable 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 beginning 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 effective 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                 
      Section 20 of Pub. L. 95-166 provided that the amendment made by
    that section is effective July 1, 1977.

-End-

-CITE-
    42 USC Sec. 1785                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1785. Accounts and records; availability for inspection;
      authority to settle, adjust, or waive claims

-STATUTE-
      (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 enable 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 National School Lunch Act [42 U.S.C. 1751 et
    seq.], the Secretary shall have the authority to determine 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 Attorney General of the United States under
    section 516 of title 28 to conduct litigation on behalf of the
    United States.

-SOURCE-
    (Pub. L. 89-642, Sec. 16, Oct. 11, 1966, 80 Stat. 890; Pub. L. 97-
    35, title VIII, Sec. 816, Aug. 13, 1981, 95 Stat. 531; Pub. L. 104-
    193, title VII, Sec. 728, Aug. 22, 1996, 110 Stat. 2302; Pub. L.
    106-78, title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Richard B. Russell National School Lunch Act, referred to in
    subsec. (b), is act June 4, 1946, ch. 281, 60 Stat. 230, as
    amended, which is classified generally to chapter 13 (Sec. 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.

-MISC1-
                                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).

                     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 noncompliance with full cost accounting
    procedure unless and until the Secretary has studied additional
    personnel and training needs of States, local school districts and
    schools resulting from imposition of requirement to implement full
    cost accounting procedures, see section 21 of Pub. L. 94-105, set
    out as a note under section 1760 of this title.

-End-

-CITE-
    42 USC Sec. 1786                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1786. Special supplemental nutrition program for women,
      infants, and children

-STATUTE-
    (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 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 boards, spectrophotometers, and
      scales used for the certification), food delivery, monitoring,
      nutrition education, outreach, startup costs, and general
      administration applicable to implementation of the program under
      this section, such as the cost of staff, transportation,
      insurance, developing and printing food instruments, 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 contracted,
      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 intertribal 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 "nutrition 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 activity habits, and that emphasize the
      relationship 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 measurements, (B) other documented nutritionally
      related medical conditions, (C) dietary deficiencies 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 persons to inadequate
      nutritional patterns or nutritionally related medical conditions,
      including, but not limited to, homelessness and migrancy.
        (9) "Plan of operation and administration" means a document
      that describes the manner in which the State agency intends to
      implement and operate the program.
        (10) "Postpartum women" means women up to six months after
      termination of pregnancy.
        (11) "Pregnant women" means women determined to have one or
      more fetuses in utero.
        (12) "Secretary" means the Secretary of Agriculture.
        (13) "State agency" means the health department 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 representative of Indian tribes,
      bands, or groups recognized by the Department of the Interior; or
      the Indian Health Service of the Department of Health and Human
      Services.
        (14) "Supplemental foods" means those foods containing
      nutrients determined by nutritional research to be lacking in the
      diets of pregnant, breastfeeding, and postpartum women, infants,
      and children and foods that promote the health of the population
      served by the program authorized by this section, as indicated by
      relevant nutrition science, public health concerns, and cultural
      eating patterns, as prescribed by the Secretary. State agencies
      may, with the approval of the Secretary, substitute different
      foods providing the nutritional equivalent of foods prescribed by
      the Secretary, to allow for different cultural eating patterns.
        (15) "Homeless individual" means - 
          (A) an individual who lacks a fixed and regular nighttime
        residence; or
          (B) an individual whose primary nighttime residence is - 
            (i) a supervised publicly or privately operated shelter
          (including a welfare hotel or congregate shelter) designed to
          provide temporary living accommodations;
            (ii) an institution that provides a temporary residence for
          individuals intended to be institutionalized;
            (iii) a temporary accommodation of not more than 365 days
          in the residence of another individual; or
            (iv) a public or private place not designed for, or
          ordinarily used as, a regular sleeping accommodation for
          human beings.

        (16) "Drug abuse education" means - 
          (A) the provision of information concerning the dangers of
        drug abuse; and
          (B) the referral of participants who are suspected drug
        abusers to drug abuse clinics, treatment programs, counselors,
        or other drug abuse professionals.

        (17) "Competitive bidding" means a procurement process under
      which the Secretary or a State agency selects a single source (a
      single infant formula manufacturer) offering the lowest price, as
      determined by the submission of sealed bids, for a product for
      which bids are sought for use in the program authorized by this
      section.
        (18) "Rebate" means the amount of money refunded under cost
      containment procedures to any State agency from the manufacturer
      or other supplier of the particular food product as the result of
      the purchase of the supplemental food with a voucher or other
      purchase instrument by a participant in each such agency's
      program established under this section.
        (19) "Discount" means, with respect to a State agency that
      provides program foods to participants without the use of retail
      grocery stores (such as a State that provides for the home
      delivery or direct distribution of supplemental food), the amount
      of the price reduction or other price concession provided to any
      State agency by the manufacturer or other supplier of the
      particular food product as the result of the purchase of program
      food by each such State agency, or its representative, from the
      supplier.
        (20) "Net price" means the difference between the
      manufacturer's wholesale price for infant formula and the rebate
      level or the discount offered or provided by the manufacturer
      under a cost containment contract entered into with the pertinent
      State agency.
        (21) Remote indian or native village. - The term "remote Indian
      or Native village" means an Indian or Native village that - 
          (A) is located in a rural area;
          (B) has a population of less than 5,000 inhabitants; and
          (C) is not accessible year-around by means of a public road
        (as defined in section 101 of title 23).

        (22) Primary contract infant formula. - The term "primary
      contract infant formula" means the specific infant formula for
      which manufacturers submit a bid to a State agency in response to
      a rebate solicitation under this section and for which a contract
      is awarded by the State agency as a result of that bid.
        (23) State alliance. - The term "State alliance" means 2 or
      more State agencies that join together for the purpose of
      procuring infant formula under the program by soliciting
      competitive bids for infant formula.
    (c) Grants-in-aid; cash grants; ratable reduction of amount an
      agency may distribute; affirmative action; regulations relating
      to dual receipt of benefits under commodity supplemental food
      program
      (1) The Secretary may carry out a special supplemental nutrition
    program to assist State agencies through grants-in-aid and other
    means to provide, through local agencies, at no cost, supplemental
    foods and nutrition education to low-income pregnant, postpartum,
    and breastfeeding women, infants, and children who satisfy the
    eligibility requirements specified in subsection (d) of this
    section. The program shall be supplementary to - 
        (A) the food stamp program;
        (B) any program under which foods are distributed to needy
      families in lieu of food stamps; and
        (C) receipt of food or meals from soup kitchens, or shelters,
      or other forms of emergency food assistance.

      (2) Subject to amounts appropriated to carry out this section
    under subsection (g) of this section - 
        (A) the Secretary shall make cash grants to State agencies for
      the purpose of administering the program, and
        (B) any State agency approved eligible local agency that
      applies to participate in or expand the program under this
      section shall immediately be provided with the necessary funds to
      carry out the program.

      (3) Nothing in this subsection shall be construed to permit the
    Secretary to reduce ratably the amount of foods that an eligible
    local agency shall distribute under the program to participants.
    The Secretary shall take affirmative action to ensure that the
    program is instituted in areas most in need of supplemental foods.
    The existence of a commodity supplemental food program under
    section 4 of the Agriculture and Consumer Protection Act of 1973
    shall not preclude the approval of an application from an eligible
    local agency to participate in the program under this section nor
    the operation of such program within the same geographic area as
    that of the commodity supplemental food program, but the Secretary
    shall issue such regulations as are necessary to prevent dual
    receipt of benefits under the commodity supplemental food program
    and the program under this section.
      (4) A State shall be ineligible to participate in programs
    authorized under this section if the Secretary determines that
    State or local sales taxes are collected within the State on
    purchases of food made to carry out this section.
    (d) Eligible participants
      (1) Participation in the program under this section shall be
    limited to pregnant, postpartum, and breastfeeding women, infants,
    and children from low-income families who are determined by a
    competent professional authority to be at nutritional risk.
      (2)(A) The Secretary shall establish income eligibility standards
    to be used in conjunction with the nutritional risk criteria in
    determining eligibility of individuals for participation in the
    program. Any individual at nutritional risk shall be eligible for
    the program under this section only if such individual - 
        (i) is a member of a family with an income that is less than
      the maximum income limit prescribed under section 1758(b) of this
      title for free and reduced price meals;
        (ii)(I) receives food stamps under the Food Stamp Act of 1977
      [7 U.S.C. 2011 et seq.]; or
        (II) is a member of a family that receives assistance under the
      State program funded under part A of title IV of the Social
      Security Act [42 U.S.C. 601 et seq.] that the Secretary
      determines complies with standards established by the Secretary
      that ensure that the standards under the State program are
      comparable to or more restrictive than those in effect on June 1,
      1995; or
        (iii)(I) receives medical assistance under title XIX of the
      Social Security Act [42 U.S.C. 1396 et seq.]; or
        (II) is a member of a family in which a pregnant woman or an
      infant receives such assistance.

      (B) For the purpose of determining income eligibility under this
    section, any State agency may choose to exclude from income - 
        (i) any basic allowance - 
          (I) for housing received by military service personnel
        residing off military installations; or
          (II) provided under section 403 of title 37 for housing that
        is acquired or constructed under subchapter IV of chapter 169
        of title 10 or any related provision of law; and

        (ii) any cost-of-living allowance provided under section 405 of
      title 37 to a member of a uniformed service who is on duty
      outside the contiguous States of the United States.

      (C) In the case of a pregnant woman who is otherwise ineligible
    for participation in the program because the family of the woman is
    of insufficient size to meet the income eligibility standards of
    the program, the pregnant woman shall be considered to have
    satisfied the income eligibility standards if, by increasing the
    number of individuals in the family of the woman by 1 individual,
    the income eligibility standards would be met.
      (3) Certification. - 
        (A) Procedures. - 
          (i) In general. - Subject to clause (ii), a person shall be
        certified for participation in accordance with general
        procedures prescribed by the Secretary.
          (ii) Breastfeeding women. - A State may elect to certify a
        breastfeeding woman for a period of 1 year postpartum or until
        a woman discontinues breastfeeding, whichever is earlier.

      (B) A State may consider pregnant women who meet the income
    eligibility standards to be presumptively eligible to participate
    in the program and may certify the women for participation
    immediately, without delaying certification until an evaluation is
    made concerning nutritional risk. A nutritional risk evaluation of
    such a woman shall be completed not later than 60 days after the
    woman is certified for participation. If it is subsequently
    determined that the woman does not meet nutritional risk criteria,
    the certification of the woman shall terminate on the date of the
    determination.
      (C) Physical presence. - 
        (i) In general. - Except as provided in clause (ii) and subject
      to the requirements of the Americans with Disabilities Act of
      1990 (42 U.S.C. 12101 et seq.) and section 794 of title 29, each
      individual seeking certification or recertification for
      participation in the program shall be physically present at each
      certification or recertification determination in order to
      determine eligibility under the program.
        (ii) Waivers. - If the agency determines that the requirement
      of clause (i) would present an unreasonable barrier to
      participation, a local agency may waive the requirement of clause
      (i) with respect to - 
          (I) an infant or child who - 
            (aa) was present at the initial certification visit; and
            (bb) is receiving ongoing health care;

          (II) an infant or child who - 
            (aa) was present at the initial certification visit;
            (bb) was present at a certification or recertification
          determination within the 1-year period ending on the date of
          the certification or recertification determination described
          in clause (i); and
            (cc) has one or more parents who work; and

          (III) an infant under 8 weeks of age - 
            (aa) who cannot be present at certification for a reason
          determined appropriate by the local agency; and
            (bb) for whom all necessary certification information is
          provided.

      (D) Income documentation. - 
        (i) In general. - Except as provided in clause (ii), in order
      to participate in the program pursuant to clause (i) of paragraph
      (2)(A), an individual seeking certification or recertification
      for participation in the program shall provide documentation of
      family income.
        (ii) Waivers. - A State agency may waive the documentation
      requirement of clause (i), in accordance with criteria
      established by the Secretary, with respect to - 
          (I) an individual for whom the necessary documentation is not
        available; or
          (II) an individual, such as a homeless woman or child, for
        whom the agency determines the requirement of clause (i) would
        present an unreasonable barrier to participation.

      (E) Adjunct documentation. - In order to participate in the
    program pursuant to clause (ii) or (iii) of paragraph (2)(A), an
    individual seeking certification or recertification for
    participation in the program shall provide documentation of receipt
    of assistance described in that clause.
      (F) Proof of residency. - An individual residing in a remote
    Indian or Native village or an individual served by an Indian
    tribal organization and residing on a reservation or pueblo may,
    under standards established by the Secretary, establish proof of
    residency under this section by providing to the State agency the
    mailing address of the individual and the name of the remote Indian
    or Native village.
    (e) Nutrition education and drug abuse education
      (1) The State agency shall ensure that nutrition education and
    drug abuse education is provided to all pregnant, postpartum, and
    breastfeeding participants in the program and to parents or
    caretakers of infant and child participants in the program. The
    State agency may also provide nutrition education and drug abuse
    education to pregnant, postpartum, and breastfeeding women and to
    parents or caretakers of infants and children enrolled at local
    agencies operating the program under this section who do not
    participate in the program. A local agency participating in the
    program shall provide education or educational materials relating
    to the effects of drug and alcohol use by a pregnant, postpartum,
    or breastfeeding woman on the developing child of the woman.
      (2) The Secretary shall prescribe standards to ensure that
    adequate nutrition education services and breastfeeding promotion
    and support are provided. The State agency shall provide training
    to persons providing nutrition education under this section.
      (3) Nutrition education materials. - 
        (A) In general. - The Secretary shall, after submitting
      proposed nutrition education materials to the Secretary of Health
      and Human Services for comment, issue such materials for use in
      the program under this section.
        (B) Sharing of materials. - The Secretary may provide, in bulk
      quantity, nutrition education materials (including materials
      promoting breastfeeding) developed with funds made available for
      the program authorized under this section to State agencies
      administering the commodity supplemental food program authorized
      under sections 4(a) and 5 of the Agriculture and Consumer
      Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) at
      no cost to that program.

      (4) The State agency - 
        (A) shall provide each local agency with materials showing the
      maximum income limits, according to family size, applicable to
      pregnant women, infants, and children up to age 5 under the
      medical assistance program established under title XIX of the
      Social Security Act [42 U.S.C. 1396 et seq.] (in this section
      referred to as the "medicaid program");
        (B) shall provide to individuals applying for the program under
      this section, or reapplying at the end of their certification
      period, written information about the medicaid program and
      referral to such program or to agencies authorized to determine
      presumptive eligibility for such program, if such individuals are
      not participating in such program and appear to have family
      income below the applicable maximum income limits for such
      program; and
        (C) may provide a local agency with materials describing other
      programs for which a participant in the program may be eligible.

      (5) Each local agency shall maintain and make available for
    distribution a list of local resources for substance abuse
    counseling and treatment.
    (f) Plan of operation and administration by State agency
      (1)(A) Each State agency shall submit to the Secretary, by a date
    specified by the Secretary, an initial plan of operation and
    administration for a fiscal year. After submitting the initial
    plan, a State shall be required to submit to the Secretary for
    approval only a substantive change in the plan.
      (B) To be eligible to receive funds under this section for a
    fiscal year, a State agency must receive the approval of the
    Secretary for the plan submitted for the fiscal year.
      (C) The plan shall include - 
        (i) a description of the food delivery system of the State
      agency and the method of enabling participants to receive
      supplemental foods under the program at any of the authorized
      retail stores under the program, to be administered in accordance
      with standards developed by the Secretary, including a
      description of the State agency's vendor peer group system,
      competitive price criteria, and allowable reimbursement levels
      that demonstrate that the State is in compliance with the cost-
      containment provisions in subsection (h)(11) of this section;
        (ii) procedures for accepting and processing vendor
      applications outside of the established timeframes if the State
      agency determines there will be inadequate access to the program,
      including in a case in which a previously authorized vendor sells
      a store under circumstances that do not permit timely
      notification to the State agency of the change in ownership;
        (iii) a description of the financial management system of the
      State agency;
        (iv) a plan to coordinate operations under the program with
      other services or programs that may benefit participants in, and
      applicants for, the program;
        (v) a plan to provide program benefits under this section to,
      and to meet the special nutrition education needs of, eligible
      migrants, homeless individuals, and Indians;
        (vi) a plan to expend funds to carry out the program during the
      relevant fiscal year;
        (vii) a plan to provide program benefits under this section to
      unserved and underserved areas in the State (including a plan to
      improve access to the program for participants and prospective
      applicants who are employed, or who reside in rural areas), if
      sufficient funds are available to carry out this clause;
        (viii) a plan for reaching and enrolling eligible women in the
      early months of pregnancy, including provisions to reach and
      enroll eligible migrants;
        (ix) a plan to provide program benefits under this section to
      unserved infants and children under the care of foster parents,
      protective services, or child welfare authorities, including
      infants exposed to drugs perinatally;
        (x) a plan to provide nutrition education and promote
      breastfeeding; and
        (xi) such other information as the Secretary may reasonably
      require.

      (D) The Secretary may not approve any plan that permits a person
    to participate simultaneously in both the program authorized under
    this section and the commodity supplemental food program authorized
    under sections 4 and 5 of the Agriculture and Consumer Protection
    Act of 1973 (7 U.S.C. 612c note).
      (2) A State agency shall establish a procedure under which
    members of the general public are provided an opportunity to
    comment on the development of the State agency plan.
      (3) The Secretary shall establish procedures under which eligible
    migrants may, to the maximum extent feasible, continue to
    participate in the program under this section when they are present
    in States other than the State in which they were originally
    certified for participation in the program and shall ensure that
    local programs provide priority consideration to serving migrant
    participants who are residing in the State for a limited period of
    time. Each State agency shall be responsible for administering the
    program for migrant populations within its jurisdiction.
      (4) State agencies shall submit monthly financial reports and
    participation data to the Secretary.
      (5) State and local agencies operating under the program shall
    keep such accounts and records, including medical records, as may
    be necessary to enable the Secretary to determine whether there has
    been compliance with this section and to determine and evaluate the
    benefits of the nutritional assistance provided under this section.
    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 five
    years, as the Secretary determines necessary.
      (6)(A) Local agencies participating in the program under this
    section shall notify persons of their eligibility or ineligibility
    for the program within twenty days of the date that the household,
    during office hours of a local agency, personally makes an oral or
    written request to participate in the program. The Secretary shall
    establish a shorter notification period for categories of persons
    who, due to special nutritional risk conditions, must receive
    benefits more expeditiously.
      (B) State agencies may provide for the delivery of vouchers to
    any participant who is not scheduled for nutrition education
    counseling or a recertification interview through means, such as
    mailing, that do not require the participant to travel to the local
    agency to obtain vouchers. The State agency shall describe any
    plans for issuance of vouchers by mail in its plan submitted under
    paragraph (1). The Secretary may disapprove a State plan with
    respect to the issuance of vouchers by mail in any specified
    jurisdiction or part of a jurisdiction within a State only if the
    Secretary finds that such issuance would pose a significant threat
    to the integrity of the program under this section in such
    jurisdiction or part of a jurisdiction.
      (7)(A) The State agency shall, in cooperation with participating
    local agencies, publicly announce and distribute information on the
    availability of program benefits (including the eligibility
    criteria for participation and the location of local agencies
    operating the program) to offices and organizations that deal with
    significant numbers of potentially eligible individuals (including
    health and medical organizations, hospitals and clinics, welfare
    and unemployment offices, social service agencies, farmworker
    organizations, Indian tribal organizations, organizations and
    agencies serving homeless individuals and shelters for victims of
    domestic violence, and religious and community organizations in low
    income areas).
      (B) The information shall be publicly announced by the State
    agency and by local agencies at least annually.
      (C) The State agency and local agencies shall distribute the
    information in a manner designed to provide the information to
    potentially eligible individuals who are most in need of the
    benefits, including pregnant women in the early months of
    pregnancy.
      (D) Each local agency operating the program within a hospital and
    each local agency operating the program that has a cooperative
    arrangement with a hospital shall - 
        (i) advise potentially eligible individuals that receive
      inpatient or outpatient prenatal, maternity, or postpartum
      services, or accompany a child under the age of 5 who receives
      well-child services, of the availability of program benefits; and
        (ii) to the extent feasible, provide an opportunity for
      individuals who may be eligible to be certified within the
      hospital for participation in such program.

      (8)(A) The State agency shall grant a fair hearing, and a prompt
    determination thereafter, in accordance with regulations issued by
    the Secretary, to any applicant, participant, or local agency
    aggrieved by the action of a State or local agency as it affects
    participation.
      (B) Any State agency that must suspend or terminate benefits to
    any participant during the participant's certification period due
    to a shortage of funds for the program shall first issue a notice
    to such participant.
      (9) If an individual certified as eligible for participation in
    the program under this section in one area moves to another area in
    which the program is operating, that individual's certification of
    eligibility shall remain valid for the period for which the
    individual was originally certified.
      (10) The Secretary shall establish standards for the proper,
    efficient, and effective administration of the program. If the
    Secretary determines that a State agency has failed without good
    cause to administer the program in a manner consistent with this
    section or to implement the approved plan of operation and
    administration under this subsection, the Secretary may withhold
    such amounts of the State agency's funds for nutrition services and
    administration as the Secretary deems appropriate. Upon correction
    of such failure during a fiscal year by a State agency, any funds
    so withheld for such fiscal year shall be provided the State
    agency.
      (11) Supplemental foods. - 
        (A) In general. - The Secretary shall prescribe by regulation
      the supplemental foods to be made available in the program under
      this section.
        (B) Appropriate content. - To the degree possible, the
      Secretary shall assure that the fat, sugar, and salt content of
      the prescribed foods is appropriate.
        (C) Allowable use of funds. - Subject to the availability of
      funds, the Secretary shall award grants to not more than 10 local
      sites determined by the Secretary to be geographically and
      culturally representative of State, local, and Indian agencies,
      to evaluate the feasibility of including fresh, frozen, or canned
      fruits and vegetables (to be made available through private
      funds) as an addition to the supplemental foods prescribed under
      this section.
        (D) Review of available supplemental foods. - As frequently as
      determined by the Secretary to be necessary to reflect the most
      recent scientific knowledge, the Secretary shall - 
          (i) conduct a scientific review of the supplemental foods
        available under the program; and
          (ii) amend the supplemental foods available, as necessary, to
        reflect nutrition science, public health concerns, and cultural
        eating patterns.

      (12) A competent professional authority shall be responsible for
    prescribing the appropriate supplemental foods, taking into account
    medical and nutritional conditions and cultural eating patterns,
    and, in the case of homeless individuals, the special needs and
    problems of such individuals.
      (13) The State agency may (A) provide nutrition education,
    breastfeeding promotion, and drug abuse education materials and
    instruction in languages other than English and (B) use appropriate
    foreign language materials in the administration of the program, in
    areas in which a substantial number of low-income households speak
    a language other than English.
      (14) If a State agency determines that a member of a family has
    received an overissuance of food benefits under the program
    authorized by this section as the result of such member
    intentionally making a false or misleading statement or
    intentionally misrepresenting, concealing, or withholding facts,
    the State agency shall recover, in cash, from such member an amount
    that the State agency determines is equal to the value of the
    overissued food benefits, unless the State agency determines that
    the recovery of the benefits would not be cost effective.
      (15) To be eligible to participate in the program authorized by
    this section, a manufacturer of infant formula that supplies
    formula for the program shall - 
        (A) register with the Secretary of Health and Human Services
      under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et
      seq.]; and
        (B) before bidding for a State contract to supply infant
      formula for the program, certify with the State health department
      that the formula complies with such Act and regulations issued
      pursuant to such Act.

      (16) The State agency may adopt methods of delivering benefits to
    accommodate the special needs and problems of homeless individuals.
      (17) Notwithstanding subsection (d)(2)(A)(i) of this section, not
    later than July 1 of each year, a State agency may implement income
    eligibility guidelines under this section concurrently with the
    implementation of income eligibility guidelines under the medicaid
    program established under title XIX of the Social Security Act (42
    U.S.C. 1396 et seq.).
      (18) Each local agency participating in the program under this
    section may provide information about other potential sources of
    food assistance in the local area to individuals who apply in
    person to participate in the program under this section, but who
    cannot be served because the program is operating at capacity in
    the local area.
      (19) The State agency shall adopt policies that - 
        (A) require each local agency to attempt to contact each
      pregnant woman who misses an appointment to apply for
      participation in the program under this section, in order to
      reschedule the appointment, unless the phone number and the
      address of the woman are unavailable to such local agency; and
        (B) in the case of local agencies that do not routinely
      schedule appointments for individuals seeking to apply or be
      recertified for participation in the program under this section,
      require each such local agency to schedule appointments for each
      employed individual seeking to apply or be recertified for
      participation in such program so as to minimize the time each
      such individual is absent from the workplace due to such
      application or request for recertification.

      (20) Each State agency shall conduct monitoring reviews of each
    local agency at least biennially.
      (21) Use of claims from local agencies, vendors, and
    participants. - A State agency may use funds recovered from local
    agencies, vendors, and participants, as a result of a claim arising
    under the program, to carry out the program during - 
        (A) the fiscal year in which the claim arises;
        (B) the fiscal year in which the funds are collected; and
        (C) the fiscal year following the fiscal year in which the
      funds are collected.

      (22) The Secretary and the Secretary of Health and Human Services
    shall carry out an initiative to assure that, in a case in which a
    State medicaid program uses coordinated care providers under a
    contract entered into under section 1903(m), or a waiver granted
    under section 1915(b), of the Social Security Act (42 U.S.C.
    1396b(m) or 1396n(b)), coordination between the program authorized
    by this section and the medicaid program is continued, including - 
        (A) the referral of potentially eligible women, infants, and
      children between the 2 programs; and
        (B) the timely provision of medical information related to the
      program authorized by this section to agencies carrying out the
      program.

      (23) Individuals participating at more than one site. - Each
    State agency shall implement a system designed by the State agency
    to identify individuals who are participating at more than one site
    under the program.
      (24) High risk vendors. - Each State agency shall - 
        (A) identify vendors that have a high probability of program
      abuse; and
        (B) conduct compliance investigations of the vendors.

      (25) Infant formula benefits. - A State agency may round up to
    the next whole can of infant formula to allow all participants
    under the program to receive the full-authorized nutritional
    benefit specified by regulation.
      (26) Notification of violations. - If a State agency finds that a
    vendor has committed a violation that requires a pattern of
    occurrences in order to impose a penalty or sanction, the State
    agency shall notify the vendor of the initial violation in writing
    prior to documentation of another violation, unless the State
    agency determines that notifying the vendor would compromise an
    investigation.
    (g) Authorization of appropriations
      (1) In general. - 
        (A) Authorization. - There are authorized to be appropriated to
      carry out this section such sums as are necessary for each of
      fiscal years 2004 through 2009.
        (B) Advance appropriations; availability. - As authorized by
      section 1752 of this title, appropriations to carry out the
      provisions of this section may be made not more than 1 year in
      advance of the beginning of the fiscal year in which the funds
      will become available for disbursement to the States, and shall
      remain available for the purposes for which appropriated until
      expended.

      (2)(A) Notwithstanding any other provision of law, unless enacted
    in express limitation of this subparagraph, the Secretary - 
        (i) in the case of legislation providing funds through the end
      of a fiscal year, shall issue - 
          (I) an initial allocation of funds provided by the enactment
        of such legislation not later than the expiration of the 15-day
        period beginning on the date of the enactment of such
        legislation; and
          (II) subsequent allocations of funds provided by the
        enactment of such legislation not later than the beginning of
        each of the second, third, and fourth quarters of the fiscal
        year; and

        (ii) in the case of legislation providing funds for a period
      that ends prior to the end of a fiscal year, shall issue an
      initial allocation of funds provided by the enactment of such
      legislation not later than the expiration of the 10-day period
      beginning on the date of the enactment of such legislation.

      (B) In any fiscal year - 
        (i) unused amounts from a prior fiscal year that are identified
      by the end of the first quarter of the fiscal year shall be
      recovered and reallocated not later than the beginning of the
      second quarter of the fiscal year; and
        (ii) unused amounts from a prior fiscal year that are
      identified after the end of the first quarter of the fiscal year
      shall be recovered and reallocated on a timely basis.

      (3) Notwithstanding any other provision of law, unless enacted in
    express limitation of this paragraph - 
        (A) the allocation of funds required by paragraph (2)(A)(i)(I)
      shall include not less than  1/3  of the amounts appropriated by
      the legislation described in such paragraph;
        (B) the allocations of funds required by paragraph
      (2)(A)(i)(II) to be made not later than the beginning of the
      second and third quarters of the fiscal year shall each include
      not less than  1/4  of the amounts appropriated by the
      legislation described in such paragraph; and
        (C) in the case of the enactment of legislation providing
      appropriations for a period of not more than 4 months, the
      allocation of funds required by paragraph (2)(A)(ii) shall
      include all amounts appropriated by such legislation except
      amounts reserved by the Secretary for purposes of carrying out
      paragraph (5).

      (4) Of the sums appropriated for any fiscal year for programs
    authorized under this section, not less than nine-tenths of 1
    percent shall be available first for services to eligible members
    of migrant populations. The migrant services shall be provided in a
    manner consistent with the priority system of a State for program
    participation.
      (5) Of the sums appropriated for any fiscal year for the program
    under this section, one-half of 1 percent, not to exceed
    $5,000,000, shall be available to the Secretary for the purpose of
    evaluating program performance, evaluating health benefits,
    preparing reports on program participant characteristics, providing
    technical assistance to improve State agency administrative
    systems, administration of pilot projects, including projects
    designed to meet the special needs of migrants, Indians, and rural
    populations, and carrying out technical assistance and research
    evaluation projects of the programs under this section.
    (h) Funds for nutrition services and administration
      (1)(A) Each fiscal year, the Secretary shall make available, from
    amounts appropriated for such fiscal year under subsection (g)(1)
    of this section and amounts remaining from amounts appropriated
    under such subsection for the preceding fiscal year, an amount
    sufficient to guarantee a national average per participant grant to
    be allocated among State agencies for costs of nutrition services
    and administration incurred by State and local agencies for such
    year.
      (B)(i) The amount of the national average per participant grant
    for nutrition services and administration for any fiscal year shall
    be an amount equal to the amount of the national average per
    participant grant for nutrition services and administration issued
    for the preceding fiscal year, as adjusted.
      (ii) Such adjustment, for any fiscal year, shall be made by
    revising the national average per participant grant for nutrition
    services and administration for the preceding fiscal year to
    reflect the percentage change between - 
        (I) the value of the index for State and local government
      purchases, as published by the Bureau of Economic Analysis of the
      Department of Commerce, for the 12-month period ending June 30 of
      the second preceding fiscal year; and
        (II) the best estimate that is available as of the start of the
      fiscal year of the value of such index for the 12-month period
      ending June 30 of the previous fiscal year.

      (C) Remaining amounts. - 
        (i) In general. - Except as provided in clause (ii), in any
      fiscal year, amounts remaining from amounts appropriated for such
      fiscal year under subsection (g)(1) of this section and from
      amounts appropriated under such section for the preceding fiscal
      year, after carrying out subparagraph (A), shall be made
      available for food benefits under this section, except to the
      extent that such amounts are needed to carry out the purposes of
      subsections (g)(4) and (g)(5) of this section.
        (ii) Breast pumps. - A State agency may use amounts made
      available under clause (i) for the purchase of breast pumps.

      (2)(A) The Secretary shall allocate to each State agency from the
    amount described in paragraph (1)(A) an amount for costs of
    nutrition services and administration on the basis of a formula
    prescribed by the Secretary. Such formula - 
        (i) shall be designed to take into account - 
          (I) the varying needs of each State;
          (II) the number of individuals participating in each State;
        and
          (III) other factors which serve to promote the proper,
        efficient, and effective administration of the program under
        this section;

        (ii) shall provide for each State agency - 
          (I) an estimate of the number of participants for the fiscal
        year involved; and
          (II) a per participant grant for nutrition services and
        administration for such year;

        (iii) shall provide for a minimum grant amount for State
      agencies; and
        (iv) may provide funds to help defray reasonable anticipated
      expenses associated with innovations in cost containment or
      associated with procedures that tend to enhance competition.

      (B)(i) Except as provided in clause (ii) and subparagraph (C), in
    any fiscal year, the total amount allocated to a State agency for
    costs of nutrition services and administration under the formula
    prescribed by the Secretary under subparagraph (A) shall constitute
    the State agency's operational level for such costs for such year
    even if the number of participants in the program at such agency is
    lower than the estimate provided under subparagraph (A)(ii)(I).
      (ii) If a State agency's per participant expenditure for
    nutrition services and administration is more than 10 percent
    (except that the Secretary may establish a higher percentage for
    State agencies that are small) higher than its per participant
    grant for nutrition services and administration without good cause,
    the Secretary may reduce such State agency's operational level for
    costs of nutrition services and administration.
      (C) In any fiscal year, the Secretary may reallocate amounts
    provided to State agencies under subparagraph (A) for such fiscal
    year. When reallocating amounts under the preceding sentence, the
    Secretary may provide additional amounts to, or recover amounts
    from, any State agency.
      (3)(A) Except as provided in subparagraphs (B) and (C), in each
    fiscal year, each State agency shall expend - 
        (i) for nutrition education activities and breastfeeding
      promotion and support activities, an aggregate amount that is not
      less than the sum of - 
          (I)  1/6  of the amounts expended by the State for costs of
        nutrition services and administration; and
          (II) except as otherwise provided in subparagraphs (F) and
        (G), an amount equal to a proportionate share of the national
        minimum breastfeeding promotion expenditure, as described in
        subparagraph (E), with each State's share determined on the
        basis of the number of pregnant women and breastfeeding women
        in the program in the State as a percentage of the number of
        pregnant women and breastfeeding women in the program in all
        States; and

        (ii) for breastfeeding promotion and support activities an
      amount that is not less than the amount determined for such State
      under clause (i)(II).

      (B) The Secretary may authorize a State agency to expend an
    amount less than the amount described in subparagraph (A)(ii) for
    purposes of breastfeeding promotion and support activities if - 
        (i) the State agency so requests; and
        (ii) the request is accompanied by documentation that other
      funds will be used to conduct nutrition education activities at a
      level commensurate with the level at which such activities would
      be conducted if the amount described in subparagraph (A)(ii) were
      expended for such activities.

      (C) The Secretary may authorize a State agency to expend for
    purposes of nutrition education an amount that is less than the
    difference between the aggregate amount described in subparagraph
    (A) and the amount expended by the State for breastfeeding
    promotion and support programs if - 
        (i) the State agency so requests; and
        (ii) the request is accompanied by documentation that other
      funds will be used to conduct such activities.

      (D) The Secretary shall limit to a minimal level any
    documentation required under this paragraph.
      (E) For each fiscal year, the national minimum breastfeeding
    promotion expenditure means an amount that is - 
        (i) equal to $21 multiplied by the number of pregnant women and
      breastfeeding women participating in the program nationwide,
      based on the average number of pregnant women and breastfeeding
      women so participating during the last 3 months for which the
      Secretary has final data; and
        (ii) adjusted for inflation on October 1, 1996, and each
      October 1 thereafter, in accordance with paragraph (1)(B)(ii).

      (4) The Secretary shall - 
        (A) in consultation with the Secretary of Health and Human
      Services, develop a definition of breastfeeding for the purposes
      of the program under this section;
        (B) authorize the purchase of breastfeeding aids by State and
      local agencies as an allowable expense under nutrition services
      and administration;
        (C) require each State agency to designate an agency staff
      member to coordinate breastfeeding promotion efforts identified
      in the State plan of operation and administration;
        (D) require the State agency to provide training on the
      promotion and management of breastfeeding to staff members of
      local agencies who are responsible for counseling participants in
      the program under this section concerning breastfeeding;
        (E) not later than 1 year after November 2, 1994, develop
      uniform requirements for the collection of data regarding the
      incidence and duration of breastfeeding among participants in the
      program; and
        (F) partner with communities, State and local agencies,
      employers, health care professionals, and other entities in the
      private sector to build a supportive breastfeeding environment
      for women participating in the program under this section to
      support the breastfeeding goals of the Healthy People 2010
      initiative.

      (5)(A) Subject to subparagraph (B), in any fiscal year that a
    State agency submits a plan to reduce average food costs per
    participant and to increase participation above the level estimated
    for the State agency, the State agency may, with the approval of
    the Secretary, convert amounts allocated for food benefits for such
    fiscal year for costs of nutrition services and administration to
    the extent that such conversion is necessary - 
        (i) to cover allowable expenditures in such fiscal year; and
        (ii) to ensure that the State agency maintains the level
      established for the per participant grant for nutrition services
      and administration for such fiscal year.

      (B) If a State agency increases its participation level through
    measures that are not in the nutritional interests of participants
    or not otherwise allowable (such as reducing the quantities of
    foods provided for reasons not related to nutritional need), the
    Secretary may refuse to allow the State agency to convert amounts
    allocated for food benefits to defray costs of nutrition services
    and administration.
      (C) For the purposes of this paragraph, the term "acceptable
    measures" includes use of cost containment measures, curtailment of
    vendor abuse, and breastfeeding promotion activities.
      (D) Remote indian or native villages. - For noncontiguous States
    containing a significant number of remote Indian or Native
    villages, a State agency may convert amounts allocated for food
    benefits for a fiscal year to the costs of nutrition services and
    administration to the extent that the conversion is necessary to
    cover expenditures incurred in providing services (including the
    full cost of air transportation and other transportation) to remote
    Indian or Native villages and to provide breastfeeding support in
    remote Indian or Native villages.
      (6) In each fiscal year, each State agency shall provide, from
    the amounts allocated to such agency for such year for costs of
    nutrition services and administration, an amount to each local
    agency for its costs of nutrition services and administration. The
    amount to be provided to each local agency under the preceding
    sentence shall be determined under allocation standards developed
    by the State agency in cooperation with the several local agencies,
    taking into account factors deemed appropriate to further proper,
    efficient, and effective administration of the program, such as - 
        (A) local agency staffing needs;
        (B) density of population;
        (C) number of individuals served; and
        (D) availability of administrative support from other sources.

      (7) The State agency may provide in advance to any local agency
    any amounts for nutrition services and administration deemed
    necessary for successful commencement or significant expansion of
    program operations during a reasonable period following approval of
    - 
        (A) a new local agency;
        (B) a new cost containment measure; or
        (C) a significant change in an existing cost containment
      measure.

      (8)(A)(i) Except as provided in subparagraphs (B) and (C)(iii),
    any State that provides for the purchase of foods under the program
    at retail grocery stores shall, with respect to the procurement of
    infant formula, use - 
        (I) a competitive bidding system; or
        (II) any other cost containment measure that yields savings
      equal to or greater than savings generated by a competitive
      bidding system when such savings are determined by comparing the
      amounts of savings that would be provided over the full term of
      contracts offered in response to a single invitation to submit
      both competitive bids and bids for other cost containment systems
      for the sale of infant formula.

      (ii) In determining whether a cost containment measure other than
    competitive bidding yields equal or greater savings, the State, in
    accordance with regulations issued by the Secretary, may take into
    account other cost factors (in addition to rebate levels and
    procedures for adjusting rebate levels when wholesale price levels
    change), such as - 
        (I) the number of infants who would not be expected to receive
      the primary contract infant formula under a competitive bidding
      system;
        (II) the number of cans of infant formula for which no rebate
      would be provided under another rebate system; and
        (III) differences in administrative costs relating to the
      implementation of the various cost containment systems (such as
      costs of converting a computer system for the purpose of
      operating a cost containment system and costs of preparing
      participants for conversion to a new or alternate cost
      containment system).

      (iii) Competitive bidding system. - A State agency using a
    competitive bidding system for infant formula shall award contracts
    to bidders offering the lowest net price for a specific infant
    formula for which manufacturers submit a bid unless the State
    agency demonstrates to the satisfaction of the Secretary that the
    weighted average retail price for different brands of infant
    formula in the State does not vary by more than 5 percent.
      (iv) Size of state alliances. - 
        (I) In general. - Except as provided in subclauses (II) through
      (IV), no State alliance may exist among States if the total
      number of infants served by States participating in the alliance
      as of October 1, 2003, or such subsequent date determined by the
      Secretary for which data is available, would exceed 100,000.
        (II) Addition of infant participants. - In the case of a State
      alliance that exists on June 30, 2004, the alliance may continue
      and may expand to serve more than 100,000 infants but, except as
      provided in subclause (III), may not expand to include any
      additional State agency.
        (III) Addition of small state agencies and indian state
      agencies. - Any State alliance may expand to include any State
      agency that served less than 5,000 infant participants as of
      October 1, 2003, or such subsequent date determined by the
      Secretary for which data is available, or any Indian State
      agency, if the State agency or Indian State agency requests to
      join the State alliance.
        (IV) Secretarial waiver. - The Secretary may waive the
      requirements of this clause not earlier than 30 days after
      submitting to the Committee on Education and the Workforce of the
      House of Representatives and the Committee on Agriculture,
      Nutrition, and Forestry of the Senate a written report that
      describes the cost-containment and competitive benefits of the
      proposed waiver.

      (v) First choice of issuance. - The State agency shall use the
    primary contract infant formula as the first choice of issuance (by
    formula type), with all other infant formulas issued as an
    alternative to the primary contract infant formula.
      (vi) Rebate invoices. - Effective beginning October 1, 2004, each
    State agency shall have a system to ensure that infant formula
    rebate invoices, under competitive bidding, provide a reasonable
    estimate or an actual count of the number of units sold to
    participants in the program under this section.
      (vii) Separate solicitations. - In soliciting bids for infant
    formula under a competitive bidding system, any State agency, or
    State alliance, that served under the program a monthly average of
    more than 100,000 infants during the preceding 12-month period
    shall solicit bids from infant formula manufacturers under
    procedures that require that bids for rebates or discounts are
    solicited for milk-based and soy-based infant formula separately.
      (viii) Cent-for-cent adjustments. - A bid solicitation for infant
    formula under the program shall require the manufacturer to adjust
    for price changes subsequent to the opening of the bidding process
    in a manner that requires - 
        (I) a cent-for-cent increase in the rebate amounts if there is
      an increase in the lowest national wholesale price for a full
      truckload of the particular infant formula; and
        (II) a cent-for-cent decrease in the rebate amounts if there is
      a decrease in the lowest national wholesale price for a full
      truckload of the particular infant formula.

      (ix) List of infant formula wholesalers, distributors, retailers,
    and manufacturers. - The State agency shall maintain a list of - 
        (I) infant formula wholesalers, distributors, and retailers
      licensed in the State in accordance with State law (including
      regulations); and
        (II) infant formula manufacturers registered with the Food and
      Drug Administration that provide infant formula.

      (x) Purchase requirement. - A vendor authorized to participate in
    the program under this section shall only purchase infant formula
    from the list described in clause (ix).
      (B)(i) The Secretary shall waive the requirement of subparagraph
    (A) in the case of any State that demonstrates to the Secretary
    that - 
        (I) compliance with subparagraph (A) would be inconsistent with
      efficient or effective operation of the program operated by such
      State under this section; or
        (II) the amount by which the savings yielded by an alternative
      cost containment system would be less than the savings yielded by
      a competitive bidding system is sufficiently minimal that the
      difference is not significant.

      (ii) The Secretary shall prescribe criteria under which a waiver
    may be granted pursuant to clause (i).
      (iii) The Secretary shall provide information on a timely basis
    to the Committee on Education and Labor of the House of
    Representatives and the Committee on Agriculture, Nutrition, and
    Forestry of the Senate on waivers that have been granted under
    clause (i).
      (C)(i) The Secretary shall provide technical assistance to small
    Indian State agencies carrying out this paragraph in order to
    assist such agencies to achieve the maximum cost containment
    savings feasible.
      (ii) The Secretary shall also provide technical assistance, on
    request, to State agencies that desire to consider a cost
    containment system that covers more than 1 State agency.
      (iii) The Secretary may waive the requirement of subparagraph (A)
    in the case of any Indian State agency that has not more than 1,000
    participants.
      (D) No State may enter into a cost containment contract (in this
    subparagraph referred to as the "original contract") that
    prescribes conditions that would void, reduce the savings under, or
    otherwise limit the original contract if the State solicited or
    secured bids for, or entered into, a subsequent cost containment
    contract to take effect after the expiration of the original
    contract.
      (E) The Secretary shall offer to solicit bids on behalf of State
    agencies regarding cost-containment contracts to be entered into by
    infant formula manufacturers and State agencies. The Secretary
    shall make the offer to State agencies once every 12 months. Each
    such bid solicitation shall only take place if two or more State
    agencies request the Secretary to perform the solicitation. For
    such State agencies, the Secretary shall solicit bids and select
    the winning bidder for a cost containment contract to be entered
    into by State agencies and infant formula manufacturers or
    suppliers.
      (F) In soliciting bids for contracts for infant formula for the
    program authorized by this section, the Secretary shall solicit
    bids from infant formula manufacturers under procedures in which
    bids for rebates or discounts are solicited for milk-based and soy-
    based infant formula, separately, except where the Secretary
    determines that such solicitation procedures are not in the best
    interest of the program.
      (G) To reduce the costs of any supplemental foods, the Secretary
    may make available additional funds to State agencies out of the
    funds otherwise available under paragraph (1)(A) for nutrition
    services and administration in an amount not exceeding one half of
    1 percent of the amounts to help defray reasonable anticipated
    expenses associated with innovations in cost containment or
    associated with procedures that tend to enhance competition.
      (H)(i) Any person, company, corporation, or other legal entity
    that submits a bid to supply infant formula to carry out the
    program authorized by this section and announces or otherwise
    discloses the amount of the bid, or the rebate or discount
    practices of such entities, in advance of the time the bids are
    opened by the Secretary or the State agency, or any person,
    company, corporation, or other legal entity that makes a statement
    (prior to the opening of bids) relating to levels of rebates or
    discounts, for the purpose of influencing a bid submitted by any
    other person, shall be ineligible to submit bids to supply infant
    formula to the program for the bidding in progress for up to 2
    years from the date the bids are opened and shall be subject to a
    civil penalty of up to $100,000,000, as determined by the Secretary
    to provide restitution to the program for harm done to the program.
    The Secretary shall issue regulations providing such person,
    company, corporation, or other legal entity appropriate notice, and
    an opportunity to be heard and to respond to charges.
      (ii) The Secretary shall determine the length of the
    disqualification, and the amount of the civil penalty referred to
    in clause (i) based on such factors as the Secretary by regulation
    determines appropriate.
      (iii) Any person, company, corporation, or other legal entity
    disqualified under clause (i) shall remain obligated to perform any
    requirements under any contract to supply infant formula existing
    at the time of the disqualification and until each such contract
    expires by its terms.
      (I) Not later than the expiration of the 180-day period beginning
    on October 24, 1992, the Secretary shall prescribe regulations to
    carry out this paragraph.
      (J) A State shall not incur any interest liability to the Federal
    Government on rebate funds for infant formula and other foods if
    all interest earned by the State on the funds is used for program
    purposes.
      (9) For purposes of this subsection, the term "cost containment
    measure" means a competitive bidding, rebate, direct distribution,
    or home delivery system implemented by a State agency as described
    in its approved plan of operation and administration.
      (10) Funds for infrastructure, management information systems,
    and special nutrition education. - 
        (A) In general. - For each of fiscal years 2006 through 2009,
      the Secretary shall use for the purposes specified in
      subparagraph (B), $64,000,000 or the amount of nutrition services
      and administration funds and supplemental food funds for the
      prior fiscal year that have not been obligated, whichever is
      less.
        (B) Purposes. - Of the amount made available under subparagraph
      (A) for a fiscal year, not more than - 
          (i) $14,000,000 shall be used for - 
            (I) infrastructure for the program under this section;
            (II) special projects to promote breastfeeding, including
          projects to assess the effectiveness of particular
          breastfeeding promotion strategies; and
            (III) special State projects of regional or national
          significance to improve the services of the program;

          (ii) $30,000,000 shall be used to establish, improve, or
        administer management information systems for the program,
        including changes necessary to meet new legislative or
        regulatory requirements of the program; and
          (iii) $20,000,000 shall be used for special nutrition
        education such as breast feeding peer counselors and other
        related activities.

        (C) Proportional distribution. - In a case in which less than
      $64,000,000 is available to carry out this paragraph, the
      Secretary shall make a proportional distribution of funds
      allocated under subparagraph (B).

      (11) Vendor cost containment. - 
        (A) Peer groups. - 
          (i) In general. - The State agency shall - 
            (I) establish a vendor peer group system;
            (II) in accordance with subparagraphs (B) and (C),
          establish competitive price criteria and allowable
          reimbursement levels for each vendor peer group; and
            (III) if the State agency elects to authorize any types of
          vendors described in subparagraph (D)(ii)(I) - 
              (aa) distinguish between vendors described in
            subparagraph (D)(ii)(I) and other vendors by establishing -
            
                (AA) separate peer groups for vendors described in
              subparagraph (D)(ii)(I);or
                (BB) distinct competitive price criteria and allowable
              reimbursement levels for vendors described in
              subparagraph (D)(ii)(I) within a peer group that contains
              both vendors described in subparagraph (D)(ii)(I) and
              other vendors; and

              (bb) establish competitive price criteria and allowable
            reimbursement levels that comply with subparagraphs (B) and
            (C), respectively, and that do not result in higher food
            costs if program participants redeem supplemental food
            vouchers at vendors described in subparagraph (D)(ii)(I)
            rather than at vendors other than vendors described in
            subparagraph (D)(ii)(I).

      Nothing in this paragraph shall be construed to compel a State
      agency to achieve lower food costs if program participants redeem
      supplemental food vouchers at vendors described in subparagraph
      (D)(ii)(I) rather than at vendors other than vendors described in
      subparagraph (D)(ii)(I).
          (ii) Exemptions. - The Secretary may exempt from the
        requirements of clause (i) - 
            (I) a State agency that elects not to authorize any types
          of vendors described in subparagraph (D)(ii)(I) and that
          demonstrates to the Secretary that - 
              (aa) compliance with clause (i) would be inconsistent
            with efficient and effective operation of the program
            administered by the State under this section; or
              (bb) an alternative cost-containment system would be as
            effective as a vendor peer group system; or

            (II) a State agency - 
              (aa) in which the sale of supplemental foods that are
            obtained with food instruments from vendors described in
            subparagraph (D)(ii)(I) constituted less than 5 percent of
            total sales of supplemental foods that were obtained with
            food instruments in the State in the year preceding a year
            in which the exemption is effective; and
              (bb) that demonstrates to the Secretary that an
            alternative cost-containment system would be as effective
            as the vendor peer group system and would not result in
            higher food costs if program participants redeem
            supplemental food vouchers at vendors described in
            subparagraph (D)(ii)(I) rather than at vendors other than
            vendors described in subparagraph (D)(ii)(I).

        (B) Competitive pricing. - 
          (i) In general. - The State agency shall establish
        competitive price criteria for each peer group for the
        selection of vendors for participation in the program that - 
            (I) ensure that the retail prices charged by vendor
          applicants for the program are competitive with the prices
          charged by other vendors; and
            (II) consider - 
              (aa) the shelf prices of the vendor for all buyers; or
              (bb) the prices that the vendor bid for supplemental
            foods, which shall not exceed the shelf prices of the
            vendor for all buyers.

          (ii) Participant access. - In establishing competitive price
        criteria, the State agency shall consider participant access by
        geographic area.
          (iii) Subsequent price increases. - The State agency shall
        establish procedures to ensure that a retail store selected for
        participation in the program does not, subsequent to selection,
        increase prices to levels that would make the store ineligible
        for selection to participate in the program.

        (C) Allowable reimbursement levels. - 
          (i) In general. - The State agency shall establish allowable
        reimbursement levels for supplemental foods for each vendor
        peer group that ensure - 
            (I) that payments to vendors in the vendor peer group
          reflect competitive retail prices; and
            (II) that the State agency does not reimburse a vendor for
          supplemental foods at a level that would make the vendor
          ineligible for authorization under the criteria established
          under subparagraph (B).

          (ii) Price fluctuations. - The allowable reimbursement levels
        may include a factor to reflect fluctuations in wholesale
        prices.
          (iii) Participant access. - In establishing allowable
        reimbursement levels, the State agency shall consider
        participant access in a geographic area.

        (D) Exemptions. - The State agency may exempt from competitive
      price criteria and allowable reimbursement levels established
      under this paragraph - 
          (i) pharmacy vendors that supply only exempt infant formula
        or medical foods that are eligible under the program; and
          (ii) vendors - 
            (I)(aa) for which more than 50 percent of the annual
          revenue of the vendor from the sale of food items consists of
          revenue from the sale of supplemental foods that are obtained
          with food instruments; or
            (bb) who are new applicants likely to meet the criteria of
          item (aa) under criteria approved by the Secretary; and
            (II) that are nonprofit.

        (E) Cost containment. - If a State agency elects to authorize
      any types of vendors described in subparagraph (D)(ii)(I), the
      State agency shall demonstrate to the Secretary, and the
      Secretary shall certify, that the competitive price criteria and
      allowable reimbursement levels established under this paragraph
      for vendors described in subparagraph (D)(ii)(I) do not result in
      average payments per voucher to vendors described in subparagraph
      (D)(ii)(I) that are higher than average payments per voucher to
      comparable vendors other than vendors described in subparagraph
      (D)(ii)(I).
        (F) Limitation on private rights of action. - Nothing in this
      paragraph may be construed as creating a private right of action.
        (G) Implementation. - A State agency shall comply with this
      paragraph not later than 18 months after June 30, 2004.

      (12) Imposition of costs on retail stores. - The Secretary may
    not impose, or allow a State agency to impose, the costs of any
    equipment, system, or processing required for electronic benefit
    transfers on any retail store authorized to transact food
    instruments, as a condition for authorization or participation in
    the program.
      (13) Universal product codes database. - The Secretary shall - 
        (A) establish a national universal product code database for
      use by all State agencies in carrying out the program; and
        (B) make available from appropriated funds such sums as are
      required for hosting, hardware and software configuration, and
      support of the database.

      (14) Incentive items. - A State agency shall not authorize or
    make payments to a vendor described in paragraph (11)(D)(ii)(I)
    that provides incentive items or other free merchandise, except
    food or merchandise of nominal value (as determined by the
    Secretary), to program participants unless the vendor provides to
    the State agency proof that the vendor obtained the incentive items
    or merchandise at no cost.
    (i) Division of funds formula; reallocation of unspent funds; use
      of State allocation to buy supplemental foods; use of amounts
      available for succeeding fiscal year
      (1) By the beginning of each fiscal year, the Secretary shall
    divide, among the State agencies, the amounts made available for
    food benefits under subsection (h)(1)(C) of this section on the
    basis of a formula determined by the Secretary.
      (2) Each State agency's allocation, as so determined, shall
    constitute the State agency's authorized operational level for that
    year, except that the Secretary shall reallocate funds periodically
    if the Secretary determines that a State agency is unable to spend
    its allocation.
      (3)(A) Notwithstanding paragraph (2) and subject to subparagraph
    (B) - 
        (i)(I) not more than 1 percent (except as provided in
      subparagraph (C)) of the amount of funds allocated to a State
      agency under this section for supplemental foods for a fiscal
      year may be expended by the State agency for allowable expenses
      incurred under this section for supplemental foods during the
      preceding fiscal year; and
        (II) not more than 1 percent of the amount of funds allocated
      to a State agency under this section for nutrition services and
      administration for a fiscal year may be expended by the State
      agency for allowable expenses incurred under this section for
      supplemental foods and nutrition services and administration
      during the preceding fiscal year; and
        (ii)(I) for each fiscal year, of the amounts allocated to a
      State agency for nutrition services and administration, an amount
      equal to not more than 3 percent of the amount allocated to the
      State agency under this section for the fiscal year may be
      expended by the State agency for allowable expenses incurred
      under this section for nutrition services and administration
      during the subsequent fiscal year; and
        (II) for each fiscal year, of the amounts allocated to a State
      agency for nutrition services and administration, an amount equal
      to not more than  1/2  of 1 percent of the amount allocated to
      the State agency under this section for the fiscal year may be
      expended by the State agency, with the prior approval of the
      Secretary, for the development of a management information
      system, including an electronic benefit transfer system, during
      the subsequent fiscal year.

      (B) Any funds made available to a State agency in accordance with
    subparagraph (A)(ii) for a fiscal year shall not affect the amount
    of funds allocated to the State agency for such year.
      (C) The Secretary may authorize a State agency to expend not more
    than 3 percent of the amount of funds allocated to a State under
    this section for supplemental foods for a fiscal year for expenses
    incurred under this section for supplemental foods during the
    preceding fiscal year, if the Secretary determines that there has
    been a significant reduction in infant formula cost containment
    savings provided to the State agency that would affect the ability
    of the State agency to at least maintain the level of participation
    by eligible participants served by the State agency.
      (4) For purposes of the formula, if Indians are served by the
    health department of a State, the formula shall be based on the
    State population inclusive of the Indians within the State
    boundaries.
      (5) If Indians residing in the State are served by a State agency
    other than the health department of the State, the population of
    the tribes within the jurisdiction of the State being so served
    shall not be included in the formula for such State, and shall
    instead be included in the formula for the State agency serving the
    Indians.
      (6) Notwithstanding any other provision of this section, the
    Secretary may use a portion of a State agency's allocation to
    purchase supplemental foods for donation to the State agency under
    this section.
      (7) In addition to any amounts expended under paragraph
    (3)(A)(i), any State agency using cost containment measures as
    defined in subsection (h)(9) of this section may temporarily use
    amounts made available to such agency for the first quarter of a
    fiscal year to defray expenses for costs incurred during the final
    quarter of the preceding fiscal year. In any fiscal year, any State
    agency that uses amounts made available for a succeeding fiscal
    year under the authority of the preceding sentence shall restore or
    reimburse such amounts when such agency receives payment as a
    result of its cost containment measures for such expenses.
    (j) Initiative to provide program services at community and migrant
      health centers
      (1) The Secretary and the Secretary of Health and Human Services
    (referred to in this subsection as the "Secretaries") shall jointly
    establish and carry out an initiative for the purpose of providing
    both supplemental foods and nutrition education under the special
    supplemental nutrition program and health care services to low-
    income pregnant, postpartum, and breastfeeding women, infants, and
    children at substantially more community health centers and migrant
    health centers.
      (2) The initiative shall also include - 
        (A) activities to improve the coordination of the provision of
      supplemental foods and nutrition education under the special
      supplemental nutrition program and health care services at
      facilities funded by the Indian Health Service; and
        (B) the development and implementation of strategies to ensure
      that, to the maximum extent feasible, new community health
      centers, migrant health centers, and other federally supported
      health care facilities established in medically underserved areas
      provide supplemental foods and nutrition education under the
      special supplemental nutrition program.

      (3) The initiative may include - 
        (A) outreach and technical assistance for State and local
      agencies and the facilities described in paragraph (2)(A) and the
      health centers and facilities described in paragraph (2)(B);
        (B) demonstration projects in selected State or local areas;
      and
        (C) such other activities as the Secretaries find are
      appropriate.

      (4) As used in this subsection:
        (A) The term "community health center" has the meaning given
      the term in section 254c(a) (!1) of this title.

        (B) The term "migrant health center" has the meaning given the
      term in section 254b(a)(1) (!1) of this title.
    (k) National Advisory Council on Maternal, Infant, and Fetal
      Nutrition; establishment; membership; term; officers; meetings;
      quorum; technical assistance by Secretary
      (1) There is hereby established a National Advisory Council on
    Maternal, Infant, and Fetal Nutrition (referred to in this
    subsection as the "Council") composed of 24 members appointed by
    the Secretary. One member shall be a State director of a program
    under this section; one member shall be a State official
    responsible for a commodity supplemental food program under section
    1304 of the Food and Agriculture Act of 1977; one member shall be a
    State fiscal officer of a program under this section (or the
    equivalent thereof); one member shall be a State health officer (or
    the equivalent thereof); one member shall be a local agency
    director of a program under this section in an urban area; one
    member shall be a local agency director of a program under this
    section in a rural area; one member shall be a project director of
    a commodity supplemental food program; one member shall be a State
    public health nutrition director (or the equivalent thereof); one
    member shall be a representative of an organization serving
    migrants; one member shall be an official from a State agency
    predominantly serving Indians; three members shall be parent
    participants of a program under this section or of a commodity
    supplemental food program; one member shall be a pediatrician; one
    member shall be an obstetrician; one member shall be a
    representative of a nonprofit public interest organization that has
    experience with and knowledge of the special supplemental nutrition
    program; one member shall be a person involved at the retail sales
    level of food in the special supplemental nutrition program; two
    members shall be officials of the Department of Health and Human
    Services appointed by the Secretary of Health and Human Services;
    two members shall be officials of the Department of Agriculture
    appointed by the Secretary; 1 member shall be an expert in the
    promotion of breast feeding; one member shall be an expert in drug
    abuse education and prevention; and one member shall be an expert
    in alcohol abuse education and prevention.
      (2) Members of the Council appointed from outside the Department
    of Agriculture and the Department of Health and Human Services
    shall be appointed for terms not exceeding three years. State and
    local officials shall serve only during their official tenure, and
    the tenure of parent participants shall not exceed two years.
    Persons appointed to complete an unexpired term shall serve only
    for the remainder of such term.
      (3) The Council shall elect a Chairman and a Vice Chairman. The
    Council shall meet at the call of the Chairman, but shall meet at
    least once a year. Eleven members shall constitute a quorum.
      (4) The Secretary shall provide the Council with such technical
    and other assistance, including secretarial and clerical
    assistance, as may be required to carry out its functions.
      (5) Members of the Council shall serve without compensation but
    shall be reimbursed for necessary travel and subsistence expenses
    incurred by them in the performance of the duties of the Council.
    Parent participant members of the Council, in addition to
    reimbursement for necessary travel and subsistence, shall, at the
    discretion of the Secretary, be compensated in advance for other
    personal expenses related to participation on the Council, such as
    child care expenses and lost wages during scheduled Council
    meetings.
    (l) Donation of foods by Secretary
      Foods available under section 1431 of title 7, including, but not
    limited to, dry milk, or purchased under section 612c of title 7,
    may be donated by the Secretary, at the request of a State agency,
    for distribution to programs conducted under this section. The
    Secretary may purchase and distribute, at the request of a State
    agency, supplemental foods for donation to programs conducted under
    this section, with appropriated funds, including funds appropriated
    under this section.
    (m) Women, infants, and children farmers' market nutrition program;
      establishment, grants, etc.
      (1) Subject to the availability of funds appropriated for the
    purposes of this subsection, and as specified in this subsection,
    the Secretary shall award grants to States that submit State plans
    that are approved for the establishment or maintenance of programs
    designed to provide recipients of assistance under subsection (c)
    of this section, or those who are on the waiting list to receive
    the assistance, with coupons that may be exchanged for fresh,
    nutritious, unprepared foods at farmers' markets and (at the option
    of a State) roadside stands, as defined in the State plans
    submitted under this subsection.
      (2) A grant provided to any State under this subsection shall be
    provided to the chief executive officer of the State, who shall - 
        (A) designate the appropriate State agency or agencies to
      administer the program in conjunction with the appropriate
      nonprofit organizations; and
        (B) ensure coordination of the program among the appropriate
      agencies and organizations.

      (3) The Secretary shall not make a grant to any State under this
    subsection unless the State agrees to provide State, local, or
    private funds for the program in an amount that is equal to not
    less than 30 percent of the administrative cost of the program,
    which may be satisfied from program income or State contributions
    that are made for similar programs. The Secretary may negotiate
    with an Indian State agency a lower percentage of matching funds
    than is required under the preceding sentence, but not lower than
    10 percent of the administrative cost of the program, if the Indian
    State agency demonstrates to the Secretary financial hardship for
    the affected Indian tribe, band, group, or council.
      (4) Subject to paragraph (6), the Secretary shall establish a
    formula for determining the amount of the grant to be awarded under
    this subsection to each State for which a State plan is approved
    under paragraph (6), according to the number of recipients proposed
    to participate as specified in the State plan. In determining the
    amount to be awarded to new States, the Secretary shall rank order
    the State plans according to the criteria of operation set forth in
    this subsection, and award grants accordingly. The Secretary shall
    take into consideration the minimum amount needed to fund each
    approved State plan, and need not award grants to each State that
    submits a State plan.
      (5) Each State that receives a grant under this subsection shall
    ensure that the program for which the grant is received complies
    with the following requirements:
        (A) Individuals who are eligible to receive Federal benefits
      under the program shall only be individuals who are receiving
      assistance under subsection (c) of this section, or who are on
      the waiting list to receive the assistance.
        (B) Construction or operation of a farmers' market may not be
      carried out using funds - 
          (i) provided under the grant; or
          (ii) required to be provided by the State under paragraph
        (3).

        (C) The value of the Federal share of the benefits received by
      any recipient under the program may not be - 
          (i) less than $10 per year; or
          (ii) more than $30 per year.

        (D) The coupon issuance process under the program shall be
      designed to ensure that coupons are targeted to areas with - 
          (i) the highest concentration of eligible individuals;
          (ii) the greatest access to farmers' markets; and
          (iii) certain characteristics, in addition to those described
        in clauses (i) and (ii), that are determined to be relevant by
        the Secretary and that maximize the availability of benefits to
        eligible individuals.

        (E) The coupon redemption process under the program shall be
      designed to ensure that the coupons may be - 
          (i) redeemed only by producers authorized by the State to
        participate in the program; and
          (ii) redeemed only to purchase fresh nutritious unprepared
        food for human consumption.

        (F)(i) Except as provided in clauses (ii) and (iii), the State
      may use for administration of the program in any fiscal year not
      more than 17 percent of the total amount of program funds.
        (ii) During any fiscal year for which a State receives
      assistance under this subsection, the Secretary shall permit the
      State to use not more than 2 percent of total program funds for
      market development or technical assistance to farmers' markets if
      the Secretary determines that the State intends to promote the
      development of farmers' markets in socially or economically
      disadvantaged areas, or remote rural areas, where individuals
      eligible for participation in the program have limited access to
      locally grown fruits and vegetables.
        (iii) The provisions of clauses (i) and (ii) with respect to
      the use of program funds shall not apply to any funds that a
      State may contribute in excess of the funds used by the State to
      meet the requirements of paragraph (3).
        (G) The State shall ensure that no State or local taxes are
      collected within the State on purchases of food with coupons
      distributed under the program.

      (6)(A) The Secretary shall give the same preference for funding
    under this subsection to eligible States that participated in the
    program under this subsection in a prior fiscal year as to States
    that participated in the program in the most recent fiscal year.
    The Secretary shall inform each State of the award of funds as
    prescribed by subparagraph (G) by February 15 of each year.
      (B)(i) Subject to the availability of appropriations, if a State
    provides the amount of matching funds required under paragraph (3),
    the State shall receive assistance under this subsection in an
    amount that is not less than the amount of such assistance that the
    State received in the most recent fiscal year in which it received
    such assistance.
      (ii) If amounts appropriated for any fiscal year pursuant to the
    authorization contained in paragraph (10) for grants under this
    subsection are not sufficient to pay to each State for which a
    State plan is approved under paragraph (6) the amount that the
    Secretary determines each such State is entitled to under this
    subsection, each State's grant shall be ratably reduced, except
    that (if sufficient funds are available) each State shall receive
    at least $75,000 or the amount that the State received for the
    prior fiscal year if that amount is less than $75,000.
      (C) In providing funds to a State that received assistance under
    this subsection in the previous fiscal year, the Secretary shall
    consider - 
        (i) the availability of any such assistance not spent by the
      State during the program year for which the assistance was
      received;
        (ii) documentation that demonstrates that - 
          (I) there is a need for an increase in funds; and
          (II) the use of the increased funding will be consistent with
        serving nutritionally at-risk persons and expanding the
        awareness and use of farmers' markets;

        (iii) demonstrated ability to satisfactorily operate the
      existing program; and
        (iv) whether, in the case of a State that intends to use any
      funding provided under subparagraph (G)(i) (!2) to increase the
      value of the Federal share of the benefits received by a
      recipient, the funding provided under subparagraph (G)(i) (!2)
      will increase the rate of coupon redemption.

      (D)(i) A State that desires to receive a grant under this
    subsection shall submit, for each fiscal year, a State plan to the
    Secretary by November 15 of each year.
      (ii) Each State plan submitted under this paragraph shall contain
    - 
        (I) the estimated cost of the program and the estimated number
      of individuals to be served by the program;
        (II) a description of the State plan for complying with the
      requirements established in paragraph (5); and
        (III) criteria developed by the State with respect to
      authorization of producers to participate in the program.

      (iii) The criteria developed by the State as required by clause
    (ii)(III) shall require any authorized producer to sell fresh
    nutritious unprepared foods (such as fruits and vegetables) to
    recipients, in exchange for coupons distributed under the program.
      (E) The Secretary shall establish objective criteria for the
    approval and ranking of State plans submitted under this paragraph.
      (F)(i) An amount equal to 75 percent of the funds available after
    satisfying the requirements of subparagraph (B) shall be made
    available to States participating in the program whose State plan
    is approved by the Secretary. If this amount is greater than that
    necessary to satisfy the approved State plans, the unallocated
    amount shall be applied toward satisfying any unmet need of States
    that have not participated in the program in the prior fiscal year,
    and whose State plans have been approved.
      (ii) An amount equal to 25 percent of the funds available after
    satisfying the requirements of subparagraph (B) shall be made
    available to States that have not participated in the program in
    the prior fiscal year, and whose State plans have been approved by
    the Secretary. If this amount is greater than that necessary to
    satisfy the approved State plans for new States, the unallocated
    amount shall be applied toward satisfying any unmet need of States
    whose State plans have been approved.
      (iii) In any fiscal year, any funds that remain unallocated after
    satisfying the requirements of clauses (i) and (ii) shall be
    reallocated in the following fiscal year according to procedures
    established pursuant to paragraph (10)(B)(ii).
      (7)(A) The value of the benefit received by any recipient under
    any program for which a grant is received under this subsection may
    not affect the eligibility or benefit levels for assistance under
    other Federal or State programs.
      (B) Any programs for which a grant is received under this
    subsection shall be supplementary to the food stamp program carried
    out under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) and to
    any other Federal or State program under which foods are
    distributed to needy families in lieu of food stamps.
      (8) For each fiscal year, the Secretary shall collect from each
    State that receives a grant under this subsection information
    relating to - 
        (A) the number and type of recipients served by both Federal
      and non-Federal benefits under the program for which the grant is
      received;
        (B) the rate of redemption of coupons distributed under the
      program;
        (C) the average amount distributed in coupons to each
      recipient;
        (D) the change in consumption of fresh fruits and vegetables by
      recipients, if the information is available;
        (E) the effects of the program on farmers' markets, if the
      information is available; and
        (F) any other information determined to be necessary by the
      Secretary.

      (9) Funding. - 
        (A) In general. - 
          (i) Authorization of appropriations. - There are authorized
        to be appropriated to carry out this subsection such sums as
        are necessary for each of fiscal years 2004 through 2009.
          (ii) Mandatory funding. - Not later than 30 days after May
        13, 2002, of the funds of the Commodity Credit Corporation, the
        Secretary shall make available to carry out this subsection
        $15,000,000, to remain available until expended.

      (B)(i)(I) Each State shall return to the Secretary any funds made
    available to the State that are unobligated at the end of the
    fiscal year for which the funds were originally allocated. The
    unexpended funds shall be returned to the Secretary by February 1st
    of the following fiscal year.
      (II) Notwithstanding any other provision of this subsection, a
    total of not more than 5 percent of funds made available to a State
    for any fiscal year may be expended by the State to reimburse
    expenses incurred for a program assisted under this subsection
    during the preceding fiscal year.
      (ii) The Secretary shall establish procedures to reallocate funds
    that are returned under clause (i).
      (10) For purposes of this subsection:
        (A) The term "coupon" means a coupon, voucher, or other
      negotiable financial instrument by which benefits under this
      section are transferred.
        (B) The term "program" means - 
          (i) the State farmers' market coupon nutrition program
        authorized by this subsection (as it existed on September 30,
        1991); or
          (ii) the farmers' market nutrition program authorized by this
        subsection.

        (C) The term "recipient" means a person or household, as
      determined by the State, who is chosen by a State to receive
      benefits under this subsection, or who is on a waiting list to
      receive such benefits.
        (D) The term "State agency" has the meaning provided in
      subsection (b)(13) of this section, except that the term also
      includes the agriculture department of each State and any other
      agency approved by the chief executive officer of the State.
    (n) Disqualification of vendors who are disqualified under food
      stamp program
      (1) In general
        The Secretary shall issue regulations providing criteria for
      the disqualification under this section of an approved vendor
      that is disqualified from accepting benefits under the food stamp
      program established under the Food Stamp Act of 1977 (7 U.S.C.
      2011 et seq.).
      (2) Terms
        A disqualification under paragraph (1) - 
          (A) shall be for the same period as the disqualification from
        the program referred to in paragraph (1);
          (B) may begin at a later date than the disqualification from
        the program referred to in paragraph (1); and
          (C) shall not be subject to judicial or administrative
        review.
    (o) Disqualification of vendors convicted of trafficking or illegal
      sales
      (1) In general
        Except as provided in paragraph (4), a State agency shall
      permanently disqualify from participation in the program
      authorized under this section a vendor convicted of - 
          (A) trafficking in food instruments (including any voucher,
        draft, check, or access device (including an electronic benefit
        transfer card or personal identification number) issued in lieu
        of a food instrument under this section); or
          (B) selling firearms, ammunition, explosives, or controlled
        substances (as defined in section 802 of title 21) in exchange
        for food instruments (including any item described in
        subparagraph (A) issued in lieu of a food instrument under this
        section).
      (2) Notice of disqualification
        The State agency shall - 
          (A) provide the vendor with notification of the
        disqualification; and
          (B) make the disqualification effective on the date of
        receipt of the notice of disqualification.
      (3) Prohibition of receipt of lost revenues
        A vendor shall not be entitled to receive any compensation for
      revenues lost as a result of disqualification under this
      subsection.
      (4) Exceptions in lieu of disqualification
        (A) In general
          A State agency may permit a vendor that, but for this
        paragraph, would be disqualified under paragraph (1), to
        continue to participate in the program if the State agency
        determines, in its sole discretion according to criteria
        established by the Secretary, that - 
            (i) disqualification of the vendor would cause hardship to
          participants in the program authorized under this section; or
            (ii)(I) the vendor had, at the time of the violation under
          paragraph (1), an effective policy and program in effect to
          prevent violations described in paragraph (1); and
            (II) the ownership of the vendor was not aware of, did not
          approve of, and was not involved in the conduct of the
          violation.
        (B) Civil penalty
          If a State agency under subparagraph (A) permits a vendor to
        continue to participate in the program in lieu of
        disqualification, the State agency shall assess the vendor a
        civil penalty in an amount determined by the State agency, in
        accordance with criteria established by the Secretary, except
        that - 
            (i) the amount of the civil penalty shall not exceed
          $10,000 for each violation; and
            (ii) the amount of civil penalties imposed for violations
          investigated as part of a single investigation may not exceed
          $40,000.
    (p) Criminal forfeiture
      (1) In general
        Notwithstanding any provision of State law and in addition to
      any other penalty authorized by law, a court may order a person
      that is convicted of a violation of a provision of law described
      in paragraph (2), with respect to food instruments (including any
      item described in subsection (o)(1)(A) of this section issued in
      lieu of a food instrument under this section), funds, assets, or
      property that have a value of $100 or more and that are the
      subject of a grant or other form of assistance under this
      section, to forfeit to the United States all property described
      in paragraph (3).
      (2) Applicable laws
        A provision of law described in this paragraph is - 
          (A) section 1760(g) of this title; and
          (B) any other Federal law imposing a penalty for
        embezzlement, willful misapplication, stealing, obtaining by
        fraud, or trafficking in food instruments (including any item
        described in subsection (o)(1)(A) of this section issued in
        lieu of a food instrument under this section), funds, assets,
        or property.
      (3) Property subject to forfeiture
        The following property shall be subject to forfeiture under
      paragraph (1):
          (A) All property, real and personal, used in a transaction or
        attempted transaction, to commit, or to facilitate the
        commission of, a violation described in paragraph (1).
          (B) All property, real and personal, constituting, derived
        from, or traceable to any proceeds a person obtained directly
        or indirectly as a result of a violation described in paragraph
        (1).
      (4) Procedures; interest of owner
        Except as provided in paragraph (5), all property subject to
      forfeiture under this subsection, any seizure or disposition of
      the property, and any proceeding relating to the forfeiture,
      seizure, or disposition shall be subject to section 853 of title
      21, other than subsection (d) of that section.
      (5) Proceeds
        The proceeds from any sale of forfeited property and any
      amounts forfeited under this subsection shall be used - 
          (A) first, to reimburse the Department of Justice, the
        Department of the Treasury, and the United States Postal
        Service for the costs incurred by the Departments or Service to
        initiate and complete the forfeiture proceeding;
          (B) second, to reimburse the Office of Inspector General of
        the Department of Agriculture for any costs incurred by the
        Office in the law enforcement effort resulting in the
        forfeiture;
          (C) third, to reimburse any Federal, State, or local law
        enforcement agency for any costs incurred in the law
        enforcement effort resulting in the forfeiture; and
          (D) fourth, by the State agency to carry out approval,
        reauthorization, and compliance investigations of vendors.
    (q) Provision of technical assistance to Secretary of Defense
      The Secretary of Agriculture shall provide technical assistance
    to the Secretary of Defense, if so requested by the Secretary of
    Defense, for the purpose of carrying out the overseas special
    supplemental food program established under section 1060a(a) of
    title 10.

-SOURCE-
    (Pub. L. 89-642, Sec. 17, as added Pub. L. 92-433, Sec. 9, Sept.
    26, 1972, 86 Stat. 729; amended Pub. L. 93-150, Sec. 6, Nov. 7,
    1973, 87 Stat. 563; Pub. L. 93-326, Sec. 6, June 30, 1974, 88 Stat.
    287; Pub. L. 94-28, May 28, 1975, 89 Stat. 96; Pub. L. 94-105, Sec.
    14, Oct. 7, 1975, 89 Stat. 518; Pub. L. 95-166, Secs. 18, 20(6),
    Nov. 10, 1977, 91 Stat. 1345, 1346; Pub. L. 95-627, Sec. 3, Nov.
    10, 1978, 92 Stat. 3611; Pub. L. 96-108, title III, Sec. 301, Nov.
    9, 1979, 93 Stat. 838; Pub. L. 96-499, title II, Sec. 203(d), Dec.
    5, 1980, 94 Stat. 2601; Pub. L. 97-35, title VIII, Sec. 815, Aug.
    13, 1981, 95 Stat. 531; Pub. L. 99-500, title III, Secs. 314, 341,
    342(a), 343, 344(a), 345-348(a), 349-353(a), 372(b)(1), Oct. 18,
    1986, 100 Stat. 1783-360, 1783-364 to 1783-367, 1783-369, and Pub.
    L. 99-591, title III, Secs. 314, 341, 342(a), 343, 344(a), 345-
    348(a), 349-353(a), 372(b)(1), Oct. 30, 1986, 100 Stat. 3341-363,
    3341-367 to 3341-370, 3341-372; Pub. L. 99-661, div. D, title I,
    Sec. 4104, title III, Secs. 4301, 4302(a), 4303, 4304(a), 4305-
    4308(a), 4309-4313(a), title V, Sec. 4502(b)(1), Nov. 14, 1986,
    100 Stat. 4071, 4075-4078, 4080; Pub. L. 100-71, title I, July 11,
    1987, 101 Stat. 425; Pub. L. 100-237, Secs. 8(a), (b), 9, 11, 12,
    Jan. 8, 1988, 101 Stat. 1740, 1741; Pub. L. 100-356, Sec. 3, June
    28, 1988, 102 Stat. 669; Pub. L. 100-435, title II, Sec. 212, title
    V, Sec. 501(b), Sept. 19, 1988, 102 Stat. 1657, 1668; Pub. L. 100-
    690, title III, Sec. 3201, Nov. 18, 1988, 102 Stat. 4246; Pub. L.
    101-147, title I, Sec. 123(a), title II, Sec. 213(a), title III,
    Sec. 326, Nov. 10, 1989, 103 Stat. 894, 912, 917; Pub. L. 101-330,
    July 12, 1990, 104 Stat. 311; Pub. L. 102-314, Sec. 3, July 2,
    1992, 106 Stat. 280; Pub. L. 102-342, title II, Sec. 204, Aug. 14,
    1992, 106 Stat. 913; Pub. L. 102-512, title II, Secs. 203-207, Oct.
    24, 1992, 106 Stat. 3364-3368; Pub. L. 103-448, title II, Sec.
    204(a)-(o)(1), (p)-(v)(11), (w)(1), Nov. 2, 1994, 108 Stat. 4738-
    4745; Pub. L. 104-66, title I, Sec. 1011(l), Dec. 21, 1995, 109
    Stat. 710; Pub. L. 104-193, title I, Sec. 109(h), title VII, Sec.
    729(a)-(g)(1), (h)-(j), Aug. 22, 1996, 110 Stat. 2171, 2303-2305;
    Pub. L. 105-336, title II, Sec. 203(a)-(f)(1), (g)-(l), (m)-(p)(1),
    (q), Oct. 31, 1998, 112 Stat. 3158-3165; Pub. L. 105-362, title I,
    Sec. 101(i), Nov. 10, 1998, 112 Stat. 3281; Pub. L. 106-65, div. A,
    title VI, Sec. 674(e), Oct. 5, 1999, 113 Stat. 675; Pub. L. 106-78,
    title VII, Sec. 752(b)(16), Oct. 22, 1999, 113 Stat. 1170; Pub. L.
    106-224, title II, Secs. 242(b)(1), (2), 244(a)-(e), June 20, 2000,
    114 Stat. 411, 412, 421; Pub. L. 106-472, title III, Sec. 307(b),
    Nov. 9, 2000, 114 Stat. 2073; Pub. L. 107-171, title IV, Secs.
    4306(a), 4307(a), May 13, 2002, 116 Stat. 332; Pub. L. 108-265,
    title II, Sec. 203(a)-(c)(2)(A), (3), (4)(A), (5), (d), (e)(1)-
    (4)(A), (5), (6)(A), (7)(A), (B), (8)-(13), (f)-(i)(1), June 30,
    2004, 118 Stat. 771-780; Pub. L. 108-447, div. A, title VII, Sec.
    788(d), (e), Dec. 8, 2004, 118 Stat. 2851.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 4 and 5 of the Agriculture and Consumer Protection Act
    of 1973, referred to in subsecs. (c)(3), (e)(3)(B), and (f)(1)(D),
    are sections 4 and 5 of Pub. L. 93-86, which are set out as notes
    under section 612c of Title 7, Agriculture.
      The Food Stamp Act of 1977, referred to in subsecs.
    (d)(2)(A)(ii)(I), (m)(7)(B), and (n)(1), is Pub. L. 88-525, Aug.
    31, 1964, 78 Stat. 703, as amended by Pub. L. 95-113, title XIII,
    Sept. 29, 1977, 91 Stat. 958, which is classified generally to
    chapter 51 (Sec. 2011 et seq.) of Title 7. For complete
    classification of the Food Stamp Act of 1977 to the Code, see Short
    Title note set out under section 2011 of Title 7 and Tables.
      The Social Security Act, referred to in subsecs.
    (d)(2)(A)(ii)(II), (iii)(I), (e)(4)(A), and (f)(17), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV,
    title XIX, and title XXI of the Act are classified generally to
    part A (Sec. 601 et seq.) of subchapter IV, subchapter XIX (Sec.
    1396 et seq.), and subchapter XXI (Sec. 1397aa et seq.),
    respectively, of chapter 7 of this title. For complete
    classification of this Act to the Code, see section 1305 of this
    title and Tables.
      The Americans with Disabilities Act of 1990, referred to in
    subsec. (d)(3)(C)(i), is Pub. L. 101-336, July 26, 1990, 104 Stat.
    327, as amended, which is classified principally to chapter 126
    (Sec. 12101 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    12101 of this title and Tables.
      The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
    (f)(15), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,
    which is classified generally to chapter 9 (Sec. 301 et seq.) of
    Title 21, Food and Drugs. For complete classification of this Act
    to the Code, see section 301 of Title 21 and Tables.
      Sections 254b and 254c of this title, referred to in subsec.
    (j)(4), were in the original references to sections 329 and 330 of
    the Public Health Service Act, act July 1, 1944, which were omitted
    in the general amendment of subpart I (Sec. 254b et seq.) of part D
    of subchapter II of chapter 6A of this title by Pub. L. 104-299,
    Sec. 2, Oct. 11, 1996, 110 Stat. 3626. Sections 2 and 3(a) of Pub.
    L. 104-299 enacted new sections 330 and 330A of act July 1, 1944,
    which are classified, respectively, to sections 254b and 254c of
    this title.
      Section 1304 of the Food and Agriculture Act of 1977, referred to
    in subsec. (k)(1), is section 1304 of Pub. L. 95-113, title XIII,
    Sept. 29, 1977, 91 Stat. 980, which amended provisions set out as
    notes under sections 612c and 1281 of Title 7, Agriculture.
      Subparagraph (G)(i), referred to in subsec. (m)(6)(C)(iv),
    meaning subpar. (G)(i) of subsec. (m)(6), was redesignated subpar.
    (F)(i) of subsec. (m)(6) by Pub. L. 105-336, title II, Sec.
    203(o)(3)(B), Oct. 31, 1998, 112 Stat. 3164.

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(7). Pub. L. 108-265, Sec. 203(a)(1), added
    par. (7) and struck out former par. (7) which read as follows: "
    'Nutrition education' means individual or group sessions and the
    provision of materials designed to improve health status that
    achieve positive change in dietary habits, and emphasize
    relationships between nutrition and health, all in keeping with the
    individual's personal, cultural, and socioeconomic preferences."
      Subsec. (b)(14). Pub. L. 108-265, Sec. 203(a)(2), inserted "and
    foods that promote the health of the population served by the
    program authorized by this section, as indicated by relevant
    nutrition science, public health concerns, and cultural eating
    patterns" after "children".
      Subsec. (b)(22), (23). Pub. L. 108-265, Sec. 203(a)(3), added
    pars. (22) and (23).
      Subsec. (d)(3)(A). Pub. L. 108-265, Sec. 203(b)(1), inserted par.
    and subpar. headings, designated existing provisions as cl. (i),
    inserted heading, substituted "Subject to clause (ii), a person"
    for "Persons", and added cl. (ii).
      Subsec. (d)(3)(C)(ii)(I)(bb). Pub. L. 108-265, Sec. 203(b)(2)(A),
    substituted semicolon for "from a provider other than the local
    agency; or".
      Subsec. (d)(3)(C)(ii)(II)(cc). Pub. L. 108-265, Sec.
    203(b)(2)(B), substituted "; and" for period at end.
      Subsec. (d)(3)(C)(ii)(III). Pub. L. 108-265, Sec. 203(b)(2)(C),
    added subcl. (III).
      Subsec. (f)(1)(C)(i). Pub. L. 108-447, Sec. 788(d), struck out
    period after "subsection (h)(11) of this section".
      Pub. L. 108-265, Sec. 203(e)(10)(B), inserted before semicolon at
    end ", including a description of the State agency's vendor peer
    group system, competitive price criteria, and allowable
    reimbursement levels that demonstrate that the State is in
    compliance with the cost-containment provisions in subsection
    (h)(11) of this section."
      Pub. L. 108-265, Sec. 203(c)(1)(A), inserted "at any of the
    authorized retail stores under the program" after "foods under the
    program".
      Subsec. (f)(1)(C)(ii) to (xi). Pub. L. 108-265, Sec.
    203(c)(1)(B), (C), added cl. (ii) and redesignated former cls. (ii)
    to (x) as (iii) to (xi), respectively.
      Subsec. (f)(11). Pub. L. 108-265, Sec. 203(c)(2)(A), inserted
    par. heading, designated existing provisions as subpars. (A) and
    (B), inserted headings, and added subpars. (C) and (D).
      Subsec. (f)(21). Pub. L. 108-265, Sec. 203(c)(3), substituted
    "local agencies, vendors," for "vendors" in heading and
    introductory provisions.
      Subsec. (f)(25). Pub. L. 108-265, Sec. 203(c)(4)(A), added par.
    (25).
      Subsec. (f)(26). Pub. L. 108-265, Sec. 203(c)(5), added par.
    (26).
      Subsec. (g). Pub. L. 108-265, Sec. 203(d), inserted heading.
      Subsec. (g)(1). Pub. L. 108-265, Sec. 203(d), inserted par.
    heading, added subpar. (A), designated second sentence as subpar.
    (B), inserted heading, and struck out first sentence relating to
    appropriations for fiscal year 1990 and fiscal years 1995 through
    2003.
      Subsec. (h)(2)(A). Pub. L. 108-265, Sec. 203(e)(1), substituted
    "The" for "For each of the fiscal years 1995 through 2003, the" in
    introductory provisions.
      Subsec. (h)(4)(F). Pub. L. 108-265, Sec. 203(e)(2), added subpar.
    (F).
      Subsec. (h)(8)(A)(ii). Pub. L. 108-265, Sec. 203(e)(7)(B),
    substituted "change" for "rise" in introductory provisions.
      Subsec. (h)(8)(A)(ii)(I). Pub. L. 108-265, Sec. 203(e)(4)(A)(i),
    substituted "primary contract" for "contract brand of".
      Subsec. (h)(8)(A)(iii). Pub. L. 108-265, Sec. 203(e)(4)(A)(ii),
    inserted "for a specific infant formula for which manufacturers
    submit a bid" after "lowest net price".
      Subsec. (h)(8)(A)(iv). Pub. L. 108-265, Sec. 203(e)(3), added cl.
    (iv).
      Subsec. (h)(8)(A)(v). Pub. L. 108-265, Sec. 203(e)(4)(A)(iii),
    added cl. (v).
      Subsec. (h)(8)(A)(vi). Pub. L. 108-447, Sec. 788(e), substituted
    "Effective beginning October 1, 2004, each State" for "Each State".
      Pub. L. 108-265, Sec. 203(e)(5), added cl. (vi).
      Subsec. (h)(8)(A)(vii). Pub. L. 108-265, Sec. 203(e)(6)(A), added
    cl. (vii).
      Subsec. (h)(8)(A)(viii). Pub. L. 108-265, Sec. 203(e)(7)(A),
    added cl. (viii).
      Subsec. (h)(8)(A)(ix), (x). Pub. L. 108-265, Sec. 203(e)(8),
    added cls. (ix) and (x).
      Subsec. (h)(10). Pub. L. 108-265, Sec. 203(e)(9), added par. (10)
    and struck out former par. (10), which related to use of certain
    funds for each of fiscal years 1995 through 2003 for development of
    infrastructure for the program, special State projects to improve
    services, and special breastfeeding support and promotion projects.
      Subsec. (h)(11). Pub. L. 108-265, Sec. 203(e)(10)(A), added par.
    (11) and struck out former par. (11), which required a State agency
    to consider price levels of retail stores for participation in the
    program and to establish procedures to ensure that selected stores
    would not subsequently raise prices to levels that would have made
    them ineligible for participation.
      Subsec. (h)(12). Pub. L. 108-265, Sec. 203(e)(11), added par.
    (12) and struck out former par. (12), which directed the Secretary
    to establish a long-range plan for the development and
    implementation of management information systems to be used in
    carrying out the program, and to submit a report to the Committee
    on Education and the Workforce of the House of Representatives and
    the Committee on Agriculture, Nutrition, and Forestry of the Senate
    not later than 2 years after Oct. 31, 1998.
      Subsec. (h)(13), (14). Pub. L. 108-265, Sec. 203(e)(12), (13),
    added pars. (13) and (14).
      Subsec. (i)(3)(A)(ii)(I). Pub. L. 108-265, Sec. 203(f),
    substituted "3 percent" for "1 percent".
      Subsec. (j)(4), (5). Pub. L. 108-265, Sec. 203(g), redesignated
    par. (5) as (4) and struck out former par. (4), which directed the
    Secretaries to provide notifications to Congress concerning actions
    to carry out the initiative and, upon completion of such
    initiative, an evaluation and a plan to further its goals.
      Subsec. (m)(1). Pub. L. 108-265, Sec. 203(h)(1), inserted "and
    (at the option of a State) roadside stands" after "farmers'
    markets".
      Subsec. (m)(3). Pub. L. 108-265, Sec. 203(h)(2), substituted
    "administrative" for "total" in two places.
      Subsec. (m)(5)(C)(ii). Pub. L. 108-265, Sec. 203(h)(3),
    substituted "$30" for "$20".
      Subsec. (m)(9)(A)(i). Pub. L. 108-265, Sec. 203(h)(4), added cl.
    (i) and struck out former cl. (i), which authorized to be
    appropriated to carry out this subsection $8,000,000 for fiscal
    year 1994, $10,500,000 for fiscal year 1995, and such sums as might
    be necessary for each of fiscal years 1996 through 2003.
      Subsec. (r). Pub. L. 108-265, Sec. 203(i)(1), struck out subsec.
    (r), which provided for demonstration projects relating to use of
    the WIC program for identification and enrollment of children in
    certain health programs.
      2002 - Subsec. (d)(2)(B)(i). Pub. L. 107-171, Sec. 4306(a),
    inserted hyphen after "basic allowance" and designated remainder of
    cl. (i) as subcl. (I), substituted "or" for "and" after semicolon,
    and added subcl. (II).
      Subsec. (m)(9). Pub. L. 107-171, Sec. 4307(a), inserted par.
    heading, subpar. (A) heading, and cl. (i) designation and heading
    and added cl. (ii).
      2000 - Subsec. (b)(4). Pub. L. 106-224, Sec. 242(b)(2)(A),
    substituted "(4) 'Costs of nutrition services and administration'
    or 'nutrition services and administration' means" for "(4) 'Costs
    for nutrition services and administration' means".
      Subsec. (b)(21). Pub. L. 106-224, Sec. 244(a), added par. (21).
      Subsec. (d)(2)(B). Pub. L. 106-224, Sec. 244(b), designated part
    of existing provisions as cl. (i), substituted "housing" for
    "quarters", and added cl. (ii).
      Subsec. (d)(2)(B)(ii). Pub. L. 106-472, Sec. 307(b)(1),
    substituted "contiguous States of the" for "continental".
      Subsec. (d)(3)(F). Pub. L. 106-224, Sec. 244(c), added subpar.
    (F).
      Subsec. (h)(1)(A). Pub. L. 106-224, Sec. 242(b)(2)(B),
    substituted "costs of nutrition services and administration
    incurred by State and local agencies" for "costs incurred by State
    and local agencies for nutrition services and administration".
      Subsec. (h)(1)(B)(i). Pub. L. 106-224, Sec. 244(d)(1),
    substituted "the preceding fiscal year" for "the fiscal year 1987".
      Subsec. (h)(1)(B)(ii). Pub. L. 106-224, Sec. 244(d)(2)(A),
    substituted "the preceding fiscal year" for "the fiscal year 1987"
    in introductory provisions.
      Subsec. (h)(1)(B)(ii)(I). Pub. L. 106-224, Sec. 244(d)(2)(B),
    added subcl. (I) and struck out former subcl. (I) which read as
    follows: "the value of the index for State and local government
    purchases, using the implicit price deflator, as published by the
    Bureau of Economic Analysis of the Department of Commerce, for the
    12-month period ending June 30, 1986; and".
      Subsec. (h)(5)(D). Pub. L. 106-224, Sec. 244(e), added subpar.
    (D).
      Subsec. (r). Pub. L. 106-224, Sec. 242(b)(1), added subsec. (r).
      Subsec. (r)(1). Pub. L. 106-472, Sec. 307(b)(2), substituted "not
    more than 20 local agencies" for "at least 20 local agencies" in
    introductory provisions.
      1999 - Subsecs. (d)(2)(A)(i), (g)(1), (p)(2)(A). Pub. L. 106-78
    made technical amendment to references in original act which appear
    in text as references to sections 1752, 1758, and 1760 of this
    title.
      Subsec. (q). Pub. L. 106-65 added subsec. (q).
      1998 - Subsec. (d)(3)(C) to (E). Pub. L. 105-336, Sec. 203(a),
    added subpars. (C) to (E).
      Subsec. (e)(1). Pub. L. 105-336, Sec. 203(b), inserted at end "A
    local agency participating in the program shall provide education
    or educational materials relating to the effects of drug and
    alcohol use by a pregnant, postpartum, or breastfeeding woman on
    the developing child of the woman."
      Subsec. (e)(3). Pub. L. 105-336, Sec. 203(c), inserted par.
    heading, designated existing provisions as subpar. (A) and inserted
    heading, and added subpar. (B).
      Subsec. (f)(21). Pub. L. 105-336, Sec. 203(d), amended par. (21)
    generally. Prior to amendment, par. (21) read as follows: "A State
    agency may use funds recovered as a result of violations in the
    food delivery system of the program in the year in which the funds
    are collected for the purpose of carrying out the program."
      Subsec. (f)(23). Pub. L. 105-336, Sec. 203(e), added par. (23).
      Subsec. (f)(24). Pub. L. 105-336, Sec. 203(f)(1), added par.
    (24).
      Subsec. (g)(1). Pub. L. 105-336, Sec. 203(g), substituted "2003"
    for "1998".
      Subsec. (h)(1)(C). Pub. L. 105-336, Sec. 203(h), inserted subpar.
    heading, designated existing provisions as cl. (i), inserted
    heading, substituted "Except as provided in clause (ii), in" for
    "In", and added cl. (ii).
      Subsec. (h)(2)(A). Pub. L. 105-336, Sec. 203(i)(1), substituted
    "2003" for "1998" in introductory provisions.
      Subsec. (h)(2)(A)(iv). Pub. L. 105-336, Sec. 203(i)(2), struck
    out ", to the extent funds are not already provided under
    subparagraph (I)(v) for the same purpose," after "may provide
    funds".
      Subsec. (h)(2)(B)(ii). Pub. L. 105-336, Sec. 203(i)(3),
    substituted "10 percent (except that the Secretary may establish a
    higher percentage for State agencies that are small)" for "15
    percent".
      Subsec. (h)(3)(E). Pub. L. 105-336, Sec. 203(i)(4)(A), in
    introductory provisions, substituted "For each fiscal year," for
    "In the case of fiscal year 1996 (except as provided in
    subparagraph (G)) and each subsequent fiscal year,".
      Subsec. (h)(3)(F), (G). Pub. L. 105-336, Sec. 203(i)(4)(B),
    struck out subpar. (F) which provided for adjusted payments in lieu
    of required payments for fiscal year 1995 and subpar. (G) which
    provided for delay of required payments for fiscal year 1996 and
    for adjusted payments in lieu of required payments for fiscal year
    1996.
      Subsec. (h)(5)(A). Pub. L. 105-336, Sec. 203(i)(5), in
    introductory provisions, substituted "submits a plan to reduce
    average food costs per participant and to increase participation
    above the level estimated for the State agency, the State agency
    may, with the approval of the Secretary," for "achieves, through
    use of acceptable measures, participation that exceeds the
    participation level estimated for such State agency under paragraph
    (2)(A)(ii)(I), such State agency may".
      Subsec. (h)(8)(A)(iii). Pub. L. 105-336, Sec. 203(j), added cl.
    (iii).
      Subsec. (h)(10)(A). Pub. L. 105-336, Sec. 203(k), (n)(2)(A),
    substituted "2003" for "1998" and inserted "and supplemental foods
    funds" after "nutrition services and administration funds".
      Subsec. (h)(11). Pub. L. 105-336, Sec. 203(l), added par. (11).
      Subsec. (h)(12). Pub. L. 105-336, Sec. 203(m), added par. (12).
      Subsec. (i)(3)(A). Pub. L. 105-336, Sec. 203(n)(1)(A),
    substituted "subparagraph (B)" for "subparagraphs (B) and (C)" in
    introductory provisions.
      Subsec. (i)(3)(A)(i), (ii). Pub. L. 105-336, Sec. 203(n)(1)(B),
    added cls. (i) and (ii) and struck out former cls. (i) and (ii)
    which read as follows:
      "(i) not more than 1 percent (except as provided in subparagraph
    (H)) of the amount of funds allocated to a State agency under this
    section for supplemental foods for a fiscal year may be expended by
    the State agency for expenses incurred under this section for
    supplemental foods during the preceding fiscal year; and
      "(ii) not more than 1 percent of the amount of funds allocated to
    a State agency for a fiscal year under this section may be expended
    by the State agency during the subsequent fiscal year."
      Subsec. (i)(3)(C) to (H). Pub. L. 105-336, Sec. 203(n)(2)(B),
    redesignated subpar. (H) as (C) and struck out former subpars. (C)
    to (G) which read as follows:
      "(C) The total amount of funds transferred from any fiscal year
    under clauses (i) and (ii) of subparagraph (A) shall not exceed 1
    percent of the amount of the funds allocated to a State agency for
    such fiscal year.
      "(D) For State agencies implementing cost containment measures as
    defined in subsection (h)(9) of this section, not more than 5
    percent of the amount of funds allocated under this section to such
    a State agency for supplemental foods for the fiscal year in which
    the system is implemented, and not more than 3 percent of the
    amount of funds allocated to such a State agency for the fiscal
    year following the fiscal year in which the system is implemented,
    may be expended by the State agency for expenses incurred under
    this section for supplemental foods during the succeeding fiscal
    year.
      "(E) Notwithstanding any other provision in this paragraph and
    paragraph (2) a State agency may, subject to the approval of the
    Secretary under subparagraph (F), expend not more than 3 percent of
    the amount of funds allocated to such agency for supplemental foods
    for the fiscal year 1991 for expenses incurred under this section
    for supplemental foods during the fiscal year 1990.
      "(F) Each State agency which intends to use the authority
    provided in subparagraph (E) shall request approval from the
    Secretary in advance and shall submit a plan showing how the
    State's caseload will be managed to meet funding limitations. The
    Secretary shall review and make determinations on such plans on an
    expedited basis.
      "(G) No State can use the authority provided under subparagraph
    (E) to increase the caseload level above the highest level to date
    in fiscal year 1990."
      Subsec. (k)(4) to (6). Pub. L. 105-362 redesignated pars. (5) and
    (6) as (4) and (5), respectively, and struck out former par. (4)
    which read as follows: "The Council shall make a continuing study
    of the operation of the program under this section and related
    programs to determine how the program may be improved. The Council
    shall submit once every two years to the President and Congress,
    beginning with the fiscal year ending September 30, 1980, a written
    report, together with its recommendations on such program
    operations."
      Subsec. (m)(3). Pub. L. 105-336, Sec. 203(o)(1), inserted
    "program income or" after "satisfied from" in first sentence.
      Subsec. (m)(6)(C). Pub. L. 105-336, Sec. 203(o)(2)(A), struck out
    "serve additional recipients in" after "In providing funds to" in
    introductory provisions.
      Subsec. (m)(6)(C)(ii). Pub. L. 105-336, Sec. 203(o)(2)(B), added
    cl. (ii) and struck out former cl. (ii) which read as follows:
    "documentation that justifies the need for an increase in
    participation; and".
      Subsec. (m)(6)(C)(iii), (iv). Pub. L. 105-336, Sec. 203(o)(2)(C),
    (D), substituted "; and" for period at end of cl. (iii) and added
    cl. (iv).
      Subsec. (m)(6)(F). Pub. L. 105-336, Sec. 203(o)(3), redesignated
    subpar. (G) as (F) and struck out former subpar. (F) which listed
    criteria for Secretary to apply in approving and ranking State
    plans.
      Subsec. (m)(6)(F)(i). Pub. L. 105-336, Sec. 203(o)(4)(A), in
    first sentence, substituted "whose State plan" for "that wish to
    serve additional recipients, and whose State plan to do so" and, in
    second sentence, struck out "for additional recipients" after
    "approved State plans".
      Subsec. (m)(6)(F)(ii). Pub. L. 105-336, Sec. 203(o)(4)(B), struck
    out "that desire to serve additional recipients, and" after "need
    of States" in second sentence.
      Subsec. (m)(6)(G). Pub. L. 105-336, Sec. 203(o)(3)(B),
    redesignated subpar. (G) as (F).
      Subsec. (m)(9)(A). Pub. L. 105-336, Sec. 203(o)(5), substituted
    "2003" for "1998".
      Subsec. (o). Pub. L. 105-336, Sec. 203(p)(1), added subsec. (o).
      Subsec. (p). Pub. L. 105-336, Sec. 203(q), added subsec. (p).
      1996 - Subsec. (b)(15)(B)(iii). Pub. L. 104-193, Sec. 729(a)(1),
    inserted "of not more than 365 days" after "temporary
    accommodation".
      Subsec. (b)(16). Pub. L. 104-193, Sec. 729(a)(2), inserted "and"
    at end of subpar. (A), substituted a period for "; and" at end of
    subpar. (B), and struck out subpar. (C) which read as follows: "the
    provision of materials developed by the Secretary under subsection
    (n) of this section."
      Subsec. (c)(5). Pub. L. 104-193, Sec. 729(b), struck out par. (5)
    which read as follows: "The Secretary shall promote the special
    supplemental nutrition program by producing and distributing
    materials, including television and radio public service
    announcements in English and other appropriate languages, that
    inform potentially eligible individuals of the benefits and
    services under the program."
      Subsec. (d)(2)(A)(ii)(II). Pub. L. 104-193, Sec. 109(h),
    substituted "State program funded" for "program for aid to families
    with dependent children established" and inserted before semicolon
    "that the Secretary determines complies with standards established
    by the Secretary that ensure that the standards under the State
    program are comparable to or more restrictive than those in effect
    on June 1, 1995".
      Subsec. (d)(4). Pub. L. 104-193, Sec. 729(c), struck out par. (4)
    which read as follows: "The Secretary shall report biennially to
    Congress and the National Advisory Council on Maternal, Infant, and
    Fetal Nutrition established under subsection (k) of this section on
    - 
        "(A) the income and nutritional risk characteristics of
      participants in the program;
        "(B) participation in the program by members of families of
      migrant farmworkers; and
        "(C) such other matters relating to participation in the
      program as the Secretary considers appropriate."
      Subsec. (e)(2). Pub. L. 104-193, Sec. 729(d)(1), struck out at
    end "Nutrition education and breastfeeding promotion and support
    shall be evaluated annually by each State agency, and such
    evaluation shall include the views of participants concerning the
    effectiveness of the nutrition education and breastfeeding
    promotion and support they have received."
      Subsec. (e)(4). Pub. L. 104-193, Sec. 729(d)(2), struck out
    "shall" after "State agency" in introductory provisions, struck out
    subpar. (A), redesignated subpars. (B) and (C) as (A) and (B),
    respectively, inserted "shall" before "provide" in subpars. (A) and
    (B), and added subpar. (C). Prior to amendment, subpar. (A) read as
    follows: "ensure that written information concerning food stamps,
    the program for aid to families with dependent children under part
    A of title IV of the Social Security Act, and the child support
    enforcement program under part D of title IV of the Social Security
    Act is provided on at least 1 occasion to each adult participant in
    and each applicant for the program;".
      Subsec. (e)(5). Pub. L. 104-193, Sec. 729(d)(3), substituted
    "Each local agency" for "The State agency shall ensure that each
    local agency".
      Subsec. (e)(6). Pub. L. 104-193, Sec. 729(d)(4), struck out par.
    (6) which read as follows: "Each local agency may use a master file
    to document and monitor the provision of nutrition education
    services (other than the initial provision of such services) to
    individuals that are required, under standards prescribed by the
    Secretary, to be included by the agency in group nutrition
    education classes."
      Subsec. (f)(1)(A). Pub. L. 104-193, Sec. 729(e)(1)(A),
    substituted "to the Secretary, by a date specified by the
    Secretary, an initial" for "annually to the Secretary, by a date
    specified by the Secretary, a" and inserted at end "After
    submitting the initial plan, a State shall be required to submit to
    the Secretary for approval only a substantive change in the plan."
      Subsec. (f)(1)(C)(iii). Pub. L. 104-193, Sec. 729(e)(1)(B)(i),
    added cl. (iii) and struck out former cl. (iii) which read as
    follows: "a plan to coordinate operations under the program with
    special counseling services, such as the expanded food and
    nutrition education program, immunization programs, local programs
    for breastfeeding promotion, prenatal care, well-child care, family
    planning, drug abuse education, alcohol and drug abuse counseling
    and treatment, child abuse counseling, and with the aid to families
    with dependent children, food stamp, maternal and child health
    care, and medicaid programs, including medicaid programs that use
    coordinated care providers under a contract entered into under
    section 1903(m), or a waiver granted under section 1915(b), of the
    Social Security Act (42 U.S.C. 1396b(m) or 1396n(b)) (including
    coordination through the referral of potentially eligible women,
    infants, and children between the program authorized under this
    section and the medicaid program);".
      Subsec. (f)(1)(C)(vi). Pub. L. 104-193, Sec. 729(e)(1)(B)(ii),
    inserted "(including a plan to improve access to the program for
    participants and prospective applicants who are employed, or who
    reside in rural areas)" after "in the State".
      Subsec. (f)(1)(C)(vii). Pub. L. 104-193, Sec. 729(e)(1)(B)(iii),
    substituted "for reaching and enrolling" for "to provide program
    benefits under this section to eligible individuals most in need of
    the benefits and to provide eligible individuals not participating
    in the program with information on the program, the eligibility
    criteria for the program, and how to apply for the program, with
    emphasis on reaching and enrolling".
      Subsec. (f)(1)(C)(ix). Pub. L. 104-193, Sec. 729(e)(1)(B)(vii),
    inserted "and" at end.
      Pub. L. 104-193, Sec. 729(e)(1)(B)(iv), (vi), redesignated cl.
    (xi) as (ix) and struck out former cl. (ix) which read as follows:
    "if the State agency chooses to provide program benefits under this
    section to some or all eligible individuals who are incarcerated in
    prisons or juvenile detention facilities that do not receive
    Federal assistance under any program specifically established to
    assist pregnant women regarding their nutrition and health needs, a
    plan for the provision of such benefits to, and to meet the special
    nutrition education needs of, such individuals, which may include -
    
        "(I) providing supplemental foods to such individuals that are
      different from those provided to other participants in the
      program under this section;
        "(II) providing such foods to such individuals in a different
      manner than to other participants in the program under this
      section in order to meet the special needs of such individuals;
      and
        "(III) the development of nutrition education materials
      appropriate for the special needs of such individuals;".
      Subsec. (f)(1)(C)(x). Pub. L. 104-193, Sec. 729(e)(1)(B)(iv),
    (vi), redesignated cl. (xiii) as (x) and struck out former cl. (x)
    which read as follows: "a plan to improve access to the program for
    participants and prospective applicants who are employed, or who
    reside in rural areas, by addressing their special needs through
    the adoption or revision of procedures and practices to minimize
    the time participants and applicants must spend away from work and
    the distances that participants and applicants must travel,
    including appointment scheduling, adjustment of clinic hours,
    clinic locations, or mailing of multiple vouchers;".
      Subsec. (f)(1)(C)(xi). Pub. L. 104-193, Sec. 729(e)(1)(B)(vi),
    redesignated cl. (xi) as (ix).
      Subsec. (f)(1)(C)(xii). Pub. L. 104-193, Sec. 729(e)(1)(B)(iv),
    struck out cl. (xii) which read as follows: "if the State agency
    chooses to request the funds conversion authority established in
    clause (h)(5) of this section, an estimate of the increased
    participation which will result from its cost-saving initiative,
    including an explanation of how the estimate was developed; and".
      Subsec. (f)(1)(C)(xiii). Pub. L. 104-193, Sec. 729(e)(1)(B)(vi),
    redesignated cl. (xiii) as (x).
      Pub. L. 104-193, Sec. 729(e)(1)(B)(v), substituted "may
    reasonably require" for "may require".
      Subsec. (f)(1)(D), (E). Pub. L. 104-193, Sec. 729(e)(1)(C), (D),
    redesignated subpar. (E) as (D) and struck out former subpar. (D)
    which read as follows: "The Secretary may permit a State agency to
    submit only those parts of a plan that differ from plans submitted
    for previous fiscal years."
      Subsec. (f)(5). Pub. L. 104-193, Sec. 729(e)(3), substituted "be
    available at any reasonable time" for "at all times be available"
    in second sentence.
      Subsec. (f)(6). Pub. L. 104-193, Sec. 729(e)(2), (10),
    redesignated par. (7) as (6) and struck out former par. (6) which
    read as follows: "The State agency, upon receipt of a completed
    application from a local agency for participation in the program
    (and the Secretary, upon receipt of a completed application from a
    State agency), shall notify the applicant agency in writing within
    thirty days of the approval or disapproval of the application, and
    any disapproval shall be accompanied with a statement of the
    reasons for such disapproval. Within fifteen days after receipt of
    an incomplete application, the State agency (or the Secretary)
    shall notify the applicant agency of the additional information
    needed to complete the application."
      Subsec. (f)(7), (8). Pub. L. 104-193, Sec. 729(e)(10),
    redesignated pars. (8) and (9) as (7) and (8), respectively. Former
    par. (7) redesignated (6).
      Subsec. (f)(9). Pub. L. 104-193, Sec. 729(e)(10), redesignated
    par. (10) as (9). Former par. (9) redesignated (8).
      Subsec. (f)(9)(B). Pub. L. 104-193, Sec. 729(e)(4), struck out at
    end "Such notice shall include, in addition to other information
    required by the Secretary, the categories of participants whose
    benefits are being suspended or terminated due to such shortage."
      Subsec. (f)(10). Pub. L. 104-193, Sec. 729(e)(10), redesignated
    par. (11) as (10). Former par. (10) redesignated (9).
      Subsec. (f)(11). Pub. L. 104-193, Sec. 729(e)(10), redesignated
    par. (12) as (11). Former par. (11) redesignated (10).
      Pub. L. 104-193, Sec. 729(e)(5), struck out ", including
    standards that will ensure sufficient State agency staff" after
    "program" in first sentence.
      Subsec. (f)(12). Pub. L. 104-193, Sec. 729(e)(10), redesignated
    par. (13) as (12). Former par. (12) redesignated (11).
      Pub. L. 104-193, Sec. 729(e)(6), struck out at end "Products
    specifically designed for pregnant, postpartum, and breastfeeding
    women, or infants shall be available at the discretion of the
    Secretary if the products are commercially available or are
    justified to and approved by the Secretary based on clinical tests
    performed in accordance with standards prescribed by the
    Secretary."
      Subsec. (f)(13). Pub. L. 104-193, Sec. 729(e)(10), redesignated
    par. (14) as (13). Former par. (13) redesignated (12).
      Subsec. (f)(14). Pub. L. 104-193, Sec. 729(e)(10), redesignated
    par. (15) as (14). Former par. (14) redesignated (13).
      Pub. L. 104-193, Sec. 729(e)(7), substituted "State agency may"
    for "State agency shall".
      Subsec. (f)(15), (16). Pub. L. 104-193, Sec. 729(e)(10),
    redesignated pars. (16) and (17) as (15) and (16), respectively.
    Former par. (15) redesignated (14).
      Subsec. (f)(17). Pub. L. 104-193, Sec. 729(e)(10), redesignated
    par. (18) as (17). Former par. (17) redesignated (16).
      Pub. L. 104-193, Sec. 729(e)(8), struck out "and to accommodate
    the special needs and problems of individuals who are incarcerated
    in prisons or juvenile detention facilities" before period at end.
      Subsec. (f)(18). Pub. L. 104-193, Sec. 729(e)(10), redesignated
    par. (19) as (18). Former par. (18) redesignated (17).
      Subsec. (f)(19). Pub. L. 104-193, Sec. 729(e)(10), redesignated
    par. (20) as (19). Former par. (19) redesignated (18).
      Pub. L. 104-193, Sec. 729(e)(9), substituted "may provide
    information" for "shall provide information".
      Subsec. (f)(20), (21). Pub. L. 104-193, Sec. 729(e)(10),
    redesignated pars. (23) and (21) as (21) and (20), respectively.
    Former par. (20) redesignated (19).
      Subsec. (f)(22). Pub. L. 104-193, Sec. 729(e)(10), redesignated
    par. (24) as (22).
      Pub. L. 104-193, Sec. 729(e)(2), struck out par. (22) which read
    as follows: "In the State plan submitted to the Secretary for
    fiscal year 1994, each State agency shall advise the Secretary
    regarding the procedures to be used by the State agency to reduce
    the purchase of low-iron infant formula for infants on the program
    for whom such formula has not been prescribed by a physician or
    other appropriate health professional, as determined by regulations
    issued by the Secretary."
      Subsec. (f)(23), (24). Pub. L. 104-193, Sec. 729(e)(10),
    redesignated pars. (23) and (24) as (21) and (22), respectively.
      Subsec. (g)(5). Pub. L. 104-193, Sec. 729(f)(1), substituted
    "reports on program participant characteristics" for "the report
    required under subsection (d)(4) of this section".
      Subsec. (g)(6). Pub. L. 104-193, Sec. 729(f)(2), struck out par.
    (6) which read as follows: "Upon the completion of the 1990
    decennial census, the Secretary, in coordination with the Secretary
    of Commerce, shall make available an estimate, by State and county
    (or equivalent political subdivision) of the number of women,
    infants, and children who are members of families that have incomes
    below the maximum income limit for participation in the program
    under this section."
      Subsec. (h)(4)(E). Pub. L. 104-193, Sec. 729(g)(1)(A), struck out
    "and, on development of the uniform requirements, require each
    State agency to report the data for inclusion in the report to
    Congress described in subsection (d)(4) of this section" before
    period at end.
      Subsec. (h)(8)(A). Pub. L. 104-193, Sec. 729(g)(1)(B)(i), (iv),
    redesignated subpar. (B) as (A) and struck out former subpar. (A)
    which read as follows: "No State may receive its allocation under
    this subsection unless on or before August 30, 1989 (or a
    subsequent date established by the Secretary for any State) such
    State has - 
        "(i) examined the feasibility of implementing cost containment
      measures with respect to procurement of infant formula, and,
      where practicable, other foods necessary to carry out the program
      under this section; and
        "(ii) initiated action to implement such measures unless the
      State demonstrates, to the satisfaction of the Secretary, that
      such measures would not lower costs or would interfere with the
      delivery of formula or foods to participants in the program."
      Subsec. (h)(8)(A)(i). Pub. L. 104-193, Sec. 729(g)(1)(B)(v), in
    introductory provisions substituted "subparagraphs (B) and
    (C)(iii)," for "subparagraphs (C), (D), and (E)(iii), in carrying
    out subparagraph (A),".
      Subsec. (h)(8)(B). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),
    redesignated subpar. (D) as (B). Former subpar. (B) redesignated
    (A).
      Subsec. (h)(8)(B)(i). Pub. L. 104-193, Sec. 729(g)(1)(B)(vi),
    substituted "subparagraph (A)" for "subparagraph (B)" in two
    places.
      Subsec. (h)(8)(C). Pub. L. 104-193, Sec. 729(g)(1)(B)(i), (iv),
    redesignated subpar. (E) as (C) and struck out former subpar. (C)
    which read as follows: "In the case of any State that has a
    contract in effect on November 10, 1989, subparagraph (B) shall not
    apply to the program operated by such State under this section
    until the term of such contract, as such term is specified by the
    contract as in effect on November 10, 1989, expires. In the case of
    any State that has more than 1 such contract in effect on November
    10, 1989, subparagraph (B) shall not apply until the term of the
    contract with the latest expiration date, as such term is specified
    by such contract as in effect on November 10, 1989, expires."
      Subsec. (h)(8)(C)(iii). Pub. L. 104-193, Sec. 729(g)(1)(B)(vii),
    substituted "subparagraph (A)" for "subparagraph (B)".
      Subsec. (h)(8)(D) to (F). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),
    redesignated subpars. (F) to (H) as (D) to (F). Former subpars. (D)
    and (E) redesignated (B) and (C), respectively.
      Subsec. (h)(8)(G). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),
    redesignated subpar. (I) as (G). Former subpar. (G) redesignated
    (E).
      Pub. L. 104-193, Sec. 729(g)(1)(B)(ii), designated cl. (i) as
    subpar. (G) and struck out cls. (ii) to (ix) which related to
    procedures for soliciting bids on behalf of State agencies
    regarding cost-containment contracts to be entered into by infant
    formula and cereal manufacturers and State agencies.
      Subsec. (h)(8)(H). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),
    redesignated subpar. (J) as (H). Former subpar. (H) redesignated
    (F).
      Subsec. (h)(8)(I). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),
    redesignated subpar. (K) as (I). Former subpar. (I) redesignated
    (G).
      Pub. L. 104-193, Sec. 729(g)(1)(B)(iii), substituted "Secretary
    may" for "Secretary - 
        "(i) shall promote, but not require, the joint purchase of
      infant formula among State agencies electing not to participate
      under the procedures set forth in subparagraph (G);
        "(ii) shall encourage and promote (but not require) the
      purchase of supplemental foods other than infant formula under
      cost containment procedures;
        "(iii) shall inform State agencies of the benefits of cost
      containment and provide assistance and technical advice at State
      agency request regarding the State agency's use of cost
      containment procedures;
        "(iv) shall encourage (but not require) the joint purchase of
      supplemental foods other than infant formula under procedures
      specified in subparagraph (B), if the Secretary determines that -
      
          "(I) the anticipated savings are expected to be significant;
          "(II) the administrative expenses involved in purchasing the
        food item through competitive bidding procedures, whether under
        a rebate or discount system, will not exceed the savings
        anticipated to be generated by the procedures; and
          "(III) the procedures would be consistent with the purposes
        of the program; and
        "(v) may".
      Subsec. (h)(8)(J) to (L). Pub. L. 104-193, Sec. 729(g)(1)(B)(iv),
    redesignated subpars. (J) to (L) as (H) to (J), respectively.
      Subsec. (h)(8)(M). Pub. L. 104-193, Sec. 729(g)(1)(B)(i), struck
    out subpar. (M) which read as follows:
      "(M)(i) The Secretary shall establish pilot projects in at least
    1 State, with the consent of the State, to determine the
    feasibility and cost of requiring States to carry out a system for
    using universal product codes to assist retail food stores that are
    vendors under the program in providing the type of infant formula
    that the participants in the program are authorized to obtain. In
    carrying out the projects, the Secretary shall determine whether
    the system reduces the incidence of incorrect redemptions of low-
    iron formula or brands of infant formula not authorized to be
    redeemed through the program, or both.
      "(ii) The Secretary shall provide a notification to the Committee
    on Education and Labor of the House of Representatives and the
    Committee on Agriculture, Nutrition, and Forestry of the Senate
    regarding whether the system is feasible, is cost-effective,
    reduces the incidence of incorrect redemptions described in clause
    (i), and results in any additional costs to States.
      "(iii) The system shall not require a vendor under the program to
    obtain special equipment and shall not be applicable to a vendor
    that does not have equipment that can use universal product codes."
      Subsec. (k)(3). Pub. L. 104-193, Sec. 729(h), substituted
    "Council shall elect" for "Secretary shall designate".
      Subsec. (n). Pub. L. 104-193, Sec. 729(i), (j), added heading and
    text of subsec. (n) and struck out former subsec. (n) which related
    to study of methods of drug abuse education instruction.
      Subsecs. (o), (p). Pub. L. 104-193, Sec. 729(i), struck out
    subsecs. (o) and (p) which related, respectively, to demonstration
    program for establishment of clinics at community colleges offering
    nursing education programs and grants for improvement and updating
    of information and data systems.
      1995 - Subsec. (m)(9) to (11). Pub. L. 104-66 redesignated pars.
    (10) and (11) as (9) and (10), respectively, and struck out former
    par. (9) which read as follows:
      "(9)(A) The Secretary shall submit to the Committee on Education
    and Labor and the Committee on Agriculture of the House of
    Representatives and the Committee on Agriculture, Nutrition, and
    Forestry of the Senate a compilation of the information collected
    under paragraph (8).
      "(B) The compilation required by subparagraph (A) shall be
    submitted on or before April 1, 1994."
      1994 - Pub. L. 103-448, Sec. 204(w)(1)(A), substituted "Special
    supplemental nutrition program for women, infants, and children"
    for "Special supplemental food program" in section catchline.
      Subsec. (b)(8)(D). Pub. L. 103-448, Sec. 204(a)(2), added subpar.
    (D). Former subpar. (D) redesignated (E).
      Subsec. (b)(8)(E). Pub. L. 103-448, Sec. 204(a)(1), (3),
    redesignated subpar. (D) as (E) and substituted "homelessness and
    migrancy" for "alcoholism and drug addiction, homelessness, and
    migrancy".
      Subsec. (c)(1). Pub. L. 103-448, Sec. 204(w)(1)(B), substituted
    "special supplemental nutrition program" for "special supplemental
    food program" in first sentence.
      Subsec. (c)(5). Pub. L. 103-448, Sec. 204(b), added par. (5).
      Subsec. (d)(2)(C). Pub. L. 103-448, Sec. 204(c)(1), added subpar.
    (C).
      Subsec. (d)(3). Pub. L. 103-448, Sec. 204(c)(2), designated
    existing provisions as subpar. (A) and added subpar. (B).
      Subsec. (d)(4). Pub. L. 103-448, Sec. 204(t)(1), inserted "and
    the National Advisory Council on Maternal, Infant, and Fetal
    Nutrition established under subsection (k) of this section" after
    "Congress" in introductory provisions.
      Subsec. (e)(3) to (6). Pub. L. 103-448, Sec. 204(d), redesignated
    par. (3) relating to State agency providing information and
    materials as par. (4) and former pars. (4) and (5) as (5) and (6),
    respectively.
      Subsec. (f)(1)(C)(iii). Pub. L. 103-448, Sec. 204(e), inserted
    before semicolon at end ", including medicaid programs that use
    coordinated care providers under a contract entered into under
    section 1903(m), or a waiver granted under section 1915(b), of the
    Social Security Act (42 U.S.C. 1396b(m) or 1396n(b)) (including
    coordination through the referral of potentially eligible women,
    infants, and children between the program authorized under this
    section and the medicaid program)".
      Subsec. (f)(3). Pub. L. 103-448, Sec. 204(f), inserted before
    period at end "and shall ensure that local programs provide
    priority consideration to serving migrant participants who are
    residing in the State for a limited period of time".
      Subsec. (f)(18). Pub. L. 103-448, Sec. 204(g), amended par. (18)
    generally. Prior to amendment, par. (18) read as follows:
      "(18)(A) Except as provided in subparagraph (B), a State agency
    may implement income eligibility guidelines under this section at
    the time the State implements income eligibility guidelines under
    the medicaid program.
      "(B) Income eligibility guidelines under this section shall be
    implemented not later than July 1 of each year."
      Subsec. (f)(23), (24). Pub. L. 103-448, Sec. 204(h), (i), added
    pars. (23) and (24).
      Subsec. (g). Pub. L. 103-448, Sec. 204(j)(1), (k), in par. (1)
    substituted "fiscal years 1995 through 1998" for "fiscal years
    1991, 1992, 1993, and 1994" and in par. (5) struck out "and" before
    "administration" and inserted before period at end ", and carrying
    out technical assistance and research evaluation projects of the
    programs under this section".
      Subsec. (h)(2)(A). Pub. L. 103-448, Sec. 204(j)(2), substituted
    "fiscal years 1995 through 1998" for "fiscal years 1990, 1991,
    1992, 1993 and 1994".
      Subsec. (h)(3). Pub. L. 103-448, Sec. 204(l), substituted "except
    as otherwise provided in subparagraphs (F) and (G), an amount" for
    "an amount" and "the national minimum breastfeeding promotion
    expenditure, as described in subparagraph (E)" for "$8,000,000" in
    subpar. (A)(i)(II) and added subpars. (E) to (G).
      Subsec. (h)(4)(E). Pub. L. 103-448, Sec. 204(m), added subpar.
    (E).
      Subsec. (h)(8). Pub. L. 103-448, Sec. 204(n), (o)(1), (p), (q),
    substituted "on a timely basis" for "at 6-month intervals" in
    subpar. (D)(iii) and added subpars. (G)(ix), (L), and (M).
      Subsec. (h)(10). Pub. L. 103-448, Sec. 204(r), added par. (10).
      Subsec. (i)(3). Pub. L. 103-448, Sec. 204(s), inserted "(except
    as provided in subparagraph (H))" after "1 percent" in subpar.
    (A)(i) and added subpar. (H).
      Subsec. (j). Pub. L. 103-448, Sec. 204(t)(2), (u), added subsec.
    (j) and struck out former subsec. (j) which read as follows: "By
    October 1 of every other year, the Secretary shall prepare a report
    describing plans to ensure that, to the maximum extent feasible,
    eligible members of migrant populations continue to participate in
    the program as such persons move among States. The report shall be
    made available to the National Advisory Council on Maternal,
    Infant, and Fetal Nutrition."
      Subsec. (k)(1). Pub. L. 103-448, Sec. 204(w)(1)(C), substituted
    "special supplemental nutrition program" for "special supplemental
    food program" in two places.
      Subsec. (m)(3). Pub. L. 103-448, Sec. 204(v)(1), inserted at end
    "The Secretary may negotiate with an Indian State agency a lower
    percentage of matching funds than is required under the preceding
    sentence, but not lower than 10 percent of the total cost of the
    program, if the Indian State agency demonstrates to the Secretary
    financial hardship for the affected Indian tribe, band, group, or
    council."
      Subsec. (m)(5)(F)(i). Pub. L. 103-448, Sec. 204(v)(2)(A),
    substituted "17 percent" for "15 percent".
      Subsec. (m)(5)(F)(ii). Pub. L. 103-448, Sec. 204(v)(2)(B), added
    cl. (ii) and struck out former cl. (ii) which read as follows:
    "During the first fiscal year for which a State receives assistance
    under this subsection, the Secretary shall permit the State to use
    2 percent of the total program funds for administration of the
    program in addition to the amount the State is permitted to use
    under clause (i). During any fiscal year other than the first
    fiscal year for which a State receives assistance under this
    subsection, upon the showing by the State of financial need, the
    Secretary may permit the State to use not more than 2 percent of
    the total program funds for administration of the program in
    addition to the amount the State is permitted to use under clause
    (i)."
      Subsec. (m)(5)(F)(iii). Pub. L. 103-448, Sec. 204(v)(2)(C),
    struck out "for the administration of the program" after "use of
    program funds".
      Subsec. (m)(6)(A). Pub. L. 103-448, Sec. 204(v)(3), amended
    subpar. (A) generally. Prior to amendment, subpar. (A) read as
    follows: "Each State that received assistance under the
    demonstration program authorized by this subsection in a fiscal
    year ending before October 1, 1991, shall receive assistance under
    this subsection if the State complies with the requirements
    established by this subsection, as determined by the Secretary."
      Subsec. (m)(6)(B)(ii). Pub. L. 103-448, Sec. 204(v)(4),
    substituted "$75,000" for "$50,000" in two places.
      Subsec. (m)(6)(D)(i). Pub. L. 103-448, Sec. 204(v)(5),
    substituted "by November 15 of each year" for "at such time and in
    such manner as the Secretary may reasonably require".
      Subsec. (m)(6)(G). Pub. L. 103-448, Sec. 204(v)(6), substituted
    "75 percent" for "45 to 55 percent" in cl. (i) and "25 percent" for
    "45 to 55 percent" in cl. (ii).
      Subsec. (m)(8)(D), (E). Pub. L. 103-448, Sec. 204(v)(7), added
    subpars. (D) and (E) and struck out former subpars. (D) and (E)
    which read as follows:
      "(D) when practicable, the impact on the nutritional status of
    recipients by determining the change in consumption of fresh fruits
    and vegetables by recipients;
      "(E) the effects of the program on the use of farmers' markets
    and the marketing of agricultural products at such markets and when
    practicable, the effects of the program on recipients' awareness
    regarding farmers' markets; and".
      Subsec. (m)(10)(A). Pub. L. 103-448, Sec. 204(v)(8), struck out
    "$3,000,000 for fiscal year 1992, $6,500,000 for fiscal year 1993,
    and" after "to carry out this subsection" and inserted before
    period at end ", $10,500,000 for fiscal year 1995, and such sums as
    may be necessary for each of fiscal years 1996 through 1998".
      Subsec. (m)(10)(B). Pub. L. 103-448, Sec. 204(v)(9), (10),
    substituted "Each" for "Except as provided in subclause (II), each"
    in cl. (i)(I), struck out "or may be retained by the State to
    reimburse expenses expected to be incurred for such a program
    during the succeeding fiscal year" before period at end of cl.
    (i)(II), and struck out "Funds that remain unexpended at the end of
    any demonstration project authorized by this subsection (as it
    existed on September 30, 1991) shall be reallocated in a similar
    manner." at end of cl. (ii).
      Subsec. (m)(11)(D). Pub. L. 103-448, Sec. 204(v)(11), inserted
    before period at end "and any other agency approved by the chief
    executive officer of the State".
      Subsec. (o)(1)(B). Pub. L. 103-448, Sec. 204(w)(1)(D),
    substituted "special supplemental nutrition program" for "special
    supplemental food program".
      1992 - Subsec. (b)(8)(D). Pub. L. 102-342 inserted before period
    at end ", homelessness, and migrancy".
      Subsec. (b)(17) to (20). Pub. L. 102-512, Sec. 203, added pars.
    (17) to (20) and struck out former par. (17) which read as follows:
    " 'Competitive bidding' means a procurement process under which the
    State agency selects the single source offering the lowest price,
    as determined by the submission of sealed bids, for the product for
    which bids are sought."
      Subsec. (f)(22). Pub. L. 102-512, Sec. 205, added par. (22).
      Subsec. (h)(2)(A). Pub. L. 102-512, Sec. 206, struck out "shall"
    after "Such formula", inserted "shall" after cl. designation in
    cls. (i) to (iii), and added cl. (iv).
      Subsec. (h)(8)(E)(ii). Pub. L. 102-512, Sec. 207, struck out
    "that do not have large caseloads and" after "State agencies".
      Subsec. (h)(8)(G) to (K). Pub. L. 102-512, Sec. 204, added
    subpars. (G) to (K) and struck out former subpar. (G) which read as
    follows: "Not later than the expiration of the 120-day period
    beginning on November 10, 1989, the Secretary shall prescribe
    regulations to carry out this paragraph. Such regulations shall
    address issues involved in comparing savings from different cost
    containment measures, as provided under subparagraph (B)."
      Subsec. (m). Pub. L. 102-314 amended subsec. (m) generally,
    substituting provisions relating to farmers' market nutrition
    program to benefit women, infants, and children nutritionally at
    risk for provisions relating to farmers' market food coupons
    demonstration project.
      1990 - Subsec. (i)(3)(E) to (G). Pub. L. 101-330 added subpars.
    (E) to (G).
      1989 - Subsec. (b)(17). Pub. L. 101-147, Sec. 123(a)(1), added
    par. (17).
      Subsec. (c)(3). Pub. L. 101-147, Sec. 326(b)(1), substituted
    "section 4 of the Agriculture and Consumer Protection Act of 1973"
    for "section 1304 of the Food and Agriculture Act of 1977".
      Subsec. (c)(4). Pub. L. 101-147, Sec. 326(a)(1), amended par.
    (4), as added by Pub. L. 99-591, Sec. 342(a), and Pub. L. 99-661,
    Sec. 4302(a), to read as if the addition by Pub. L. 99-661 had not
    been enacted, resulting in no change in text, see 1986 Amendment
    note below.
      Subsec. (d)(2). Pub. L. 101-147, Sec. 123(a)(2), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "The
    Secretary shall establish income eligibility standards to be used
    in conjunction with the nutritional risk criteria in determining
    eligibility of persons for participation in the program. Persons at
    nutritional risk shall be eligible for the program only if they are
    members of families that satisfy the income standards prescribed
    for free and reduced-price school meals under section 1758 of this
    title."
      Subsec. (d)(4). Pub. L. 101-147, Sec. 326(b)(2), realigned
    margins of par. (4) and subpars. (A) to (C).
      Pub. L. 101-147, Sec. 326(a)(2), amended par. (4), as added by
    Pub. L. 99-591, Sec. 343(a), and Pub. L. 99-661, Sec. 4303(a), to
    read as if the addition by Pub. L. 99-661 had not been enacted,
    resulting in no change in text, see 1986 Amendment note below.
      Subsec. (e)(1). Pub. L. 101-147, Sec. 123(a)(3)(A), struck out at
    end "The Secretary shall prescribe standards to ensure that
    adequate nutrition education services are provided. The State
    agency shall provide training to persons providing nutrition
    education under this section. Nutrition education shall be
    evaluated annually by each State agency, and such evaluation shall
    include the views of participants concerning the effectiveness of
    the nutrition education they have received."
      Subsec. (e)(2). Pub. L. 101-147, Sec. 123(a)(3)(B), (C), added
    par. (2). Former par. (2) redesignated (3).
      Subsec. (e)(3). Pub. L. 101-147, Sec. 123(a)(3)(D), added par.
    (3) relating to State agency providing information and materials.
      Pub. L. 101-147, Sec. 123(a)(3)(B), redesignated former par. (2),
    relating to Secretary issuing materials, as (3).
      Subsec. (e)(4). Pub. L. 101-147, Sec. 123(a)(3)(D), added par.
    (4).
      Subsec. (e)(5). Pub. L. 101-147, Sec. 213(a)(1), added par. (5).
      Subsec. (f)(1)(C)(iii). Pub. L. 101-147, Sec. 123(a)(4)(A)(i),
    inserted "local programs for breastfeeding promotion," after
    "immunization programs," and "and treatment" after "alcohol and
    drug abuse counseling".
      Subsec. (f)(1)(C)(vii). Pub. L. 101-147, Sec. 123(a)(4)(A)(ii),
    amended cl. (vii) generally. Prior to amendment, cl. (vii) read as
    follows: "a plan to provide program benefits under this section to
    eligible persons most in need of the benefits and to enroll
    eligible women in the early months of pregnancy, to the maximum
    extent practicable;".
      Subsec. (f)(1)(C)(viii) to (xiii). Pub. L. 101-147, Sec.
    123(a)(4)(A)(iii), (iv), added cls. (viii) to (xi) and redesignated
    former cls. (viii) and (ix) as (xii) and (xiii), respectively.
      Subsec. (f)(7). Pub. L. 101-147, Sec. 213(a)(2)(A), designated
    existing provisions as subpar. (A) and added subpar. (B).
      Subsec. (f)(8)(A), (C). Pub. L. 101-147, Sec. 326(b)(3)(A),
    substituted "individuals" for "persons".
      Subsec. (f)(8)(D). Pub. L. 101-147, Sec. 123(a)(4)(B), added
    subpar. (D).
      Subsec. (f)(9). Pub. L. 101-147, Sec. 123(a)(4)(C), designated
    existing provisions as subpar. (A) and added subpar. (B).
      Subsec. (f)(10). Pub. L. 101-147, Sec. 326(b)(3)(B), substituted
    "an individual" for "a person", "individual's" for "person's", and
    "the individual" for "the person".
      Subsec. (f)(14)(A). Pub. L. 101-147, Sec. 123(a)(4)(D), inserted
    ", breastfeeding promotion," after "nutrition education".
      Subsec. (f)(17). Pub. L. 101-147, Secs. 123(a)(4)(E),
    326(b)(3)(C), realigned margin of par. (17) and inserted before
    period at end "and to accommodate the special needs and problems of
    individuals who are incarcerated in prisons or juvenile detention
    facilities".
      Subsec. (f)(18) to (20). Pub. L. 101-147, Sec. 123(a)(4)(F),
    added pars. (18) to (20).
      Subsec. (f)(21). Pub. L. 101-147, Sec. 213(a)(2)(B), added par.
    (21).
      Subsec. (g)(1). Pub. L. 101-147, Sec. 123(a)(5)(A), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows: "There
    are authorized to be appropriated to carry out this section
    $1,570,000,000 for the fiscal year ending September 30, 1986, and
    such sums as may be necessary for each of the fiscal years ending
    September 30, 1987, September 30, 1988, and September 30, 1989."
      Subsec. (g)(2), (3). Pub. L. 101-147, Sec. 123(a)(5)(B), (C),
    added pars. (2) and (3). Former pars. (2) and (3) redesignated (4)
    and (5), respectively.
      Subsec. (g)(4). Pub. L. 101-147, Sec. 123(a)(5)(B), redesignated
    former par. (2) as (4).
      Subsec. (g)(5). Pub. L. 101-147, Sec. 123(a)(5)(D), substituted
    "$5,000,000" for "$3,000,000".
      Pub. L. 101-147, Sec. 123(a)(5)(B), redesignated former par. (3)
    as (5).
      Subsec. (g)(6). Pub. L. 101-147, Sec. 123(a)(5)(E), added par.
    (6).
      Subsec. (h). Pub. L. 101-147, Sec. 123(a)(6), amended subsec. (h)
    generally, substituting provisions regarding the establishment and
    administration of national average participant grants for purposes
    of funding nutrition services and administration and provisions on
    breastfeeding promotion and procurement of infant formula, for
    provisions limiting funding for nutrition services and
    administration to 20% of the total funding for the section,
    providing a formula for distributing funds to States and setting
    forth various administrative duties.
      Subsec. (i)(1). Pub. L. 101-147, Sec. 123(a)(7)(A), substituted
    "amounts made available for food benefits under subsection
    (h)(1)(C) of this section" for "funds provided in accordance with
    this section".
      Subsec. (i)(3)(D). Pub. L. 101-147, Sec. 123(a)(7)(B),
    substituted "cost containment measures as defined in subsection
    (h)(9)" for "approved cost-savings strategies as identified in
    subsection (h)(5)(A)" and "not more than 3 percent" for "at the
    discretion of the Secretary, up to 5 percent".
      Subsec. (i)(7). Pub. L. 101-147, Sec. 123(a)(7)(C), added par.
    (7).
      Subsec. (j). Pub. L. 101-147, Sec. 123(a)(8), substituted "every
    other year" for "each year".
      Subsec. (k)(1). Pub. L. 101-147, Sec. 123(a)(9), substituted "24"
    for "twenty-three" and inserted "1 member shall be an expert in the
    promotion of breast feeding;" after "the Secretary;".
      Subsec. (m)(7)(B). Pub. L. 101-147, Sec. 326(b)(4)(A), struck out
    "(7 U.S.C. 2011 et seq.)" after "Food Stamp Act of 1977".
      Subsec. (m)(11)(A). Pub. L. 101-147, Sec. 326(b)(4)(B),
    substituted "individual" for "person".
      Subsec. (n)(1). Pub. L. 101-147, Sec. 326(b)(5), substituted "the
    date of enactment of the Anti-Drug Abuse Act of 1988" for "the date
    of enactment of this Act" in the original, which for purposes of
    codification was translated as "November 18, 1988", resulting in no
    change in text.
      Subsecs. (o), (p). Pub. L. 101-147, Sec. 123(a)(10), added
    subsecs. (o) and (p).
      1988 - Subsec. (a). Pub. L. 100-690, Sec. 3201(1), substituted
    "health problems, including drug abuse," for "health problems".
      Subsec. (b)(15). Pub. L. 100-435, Sec. 212(a), added par. (15).
      Subsec. (b)(16). Pub. L. 100-690, Sec. 3201(2), added par. (16).
      Subsec. (c)(1). Pub. L. 100-435, Sec. 212(b), amended last
    sentence generally, designating existing provisions as cls. (A) and
    (B) and adding cl. (C).
      Subsec. (e)(1). Pub. L. 100-690, Sec. 3201(3), substituted
    "nutrition education and drug abuse education" for "nutrition
    education" in first and second sentences.
      Subsec. (f)(1)(C)(iii). Pub. L. 100-690, Sec. 3201(4)(A),
    inserted "drug abuse education," after "family planning,".
      Pub. L. 100-237, Sec. 9, substituted "maternal and child health
    care, and medicaid programs" for "and maternal and child health
    care programs".
      Subsec. (f)(1)(C)(iv). Pub. L. 100-435, Sec. 212(c)(1),
    substituted "migrants, homeless individuals," for "migrants".
      Subsec. (f)(1)(C)(vii) to (ix). Pub. L. 100-237, Sec. 8(b),
    struck out "and" at end of cl. (vii), added cl. (viii), and
    redesignated former cl. (viii) as (ix).
      Subsec. (f)(8)(A). Pub. L. 100-435, Sec. 212(c)(2), inserted
    "organizations and agencies serving homeless individuals and
    shelters for victims of domestic violence," after "Indian tribal
    organizations,".
      Subsec. (f)(13). Pub. L. 100-435, Sec. 212(c)(3), inserted ",
    and, in the case of homeless individuals, the special needs and
    problems of such individuals" before period at end.
      Subsec. (f)(14)(A). Pub. L. 100-690, Sec. 3201(4)(B), inserted
    "and drug abuse education" after "education".
      Subsec. (f)(16). Pub. L. 100-237, Sec. 11, added par. (16).
      Subsec. (f)(17). Pub. L. 100-435, Sec. 212(c)(4), added par.
    (17).
      Subsec. (h)(5). Pub. L. 100-237, Sec. 8(a), added par. (5).
      Subsec. (h)(5)(D), (E). Pub. L. 100-356, Sec. 3(a), added
    subpars. (D) and (E).
      Subsec. (i)(3)(A). Pub. L. 100-237, Sec. 12(1), inserted "and
    subject to subparagraphs (B) and (C)" after "paragraph (2)", and
    substituted "and" for "or" at end of cl. (i).
      Subsec. (i)(3)(C). Pub. L. 100-237, Sec. 12(2), added subpar.
    (C).
      Subsec. (i)(3)(D). Pub. L. 100-356, Sec. 3(b), added subpar. (D).
      Subsec. (k)(1). Pub. L. 100-690, Sec. 3201(5)(A), (B), increased
    membership of Council to twenty-three from twenty-one members and
    included experts in drug abuse education and prevention and alcohol
    abuse education and prevention.
      Subsec. (m). Pub. L. 100-435, Sec. 501(b), added subsec. (m).
      Subsec. (n). Pub. L. 100-690, Sec. 3201(6), added subsec. (n).
      1987 - Subsec. (g)(1). Pub. L. 100-71 inserted "and" after
    "September 30, 1986," and substituted "September 30, 1988, and
    September 30, 1989" for "and September 30, 1988, and $1,782,000,000
    for the fiscal year ending September 30, 1989".
      1986 - Subsec. (b)(1) to (4). Pub. L. 99-500 and Pub. L. 99-591,
    Sec. 341(a), and Pub. L. 99-661, Sec. 4301(a), amended subsec. (b)
    identically, redesignating pars. (2) to (4) as (1) to (3),
    respectively, adding par. (4), and striking out former par. (1)
    which defined "Administrative costs".
      Subsec. (b)(6), (13). Pub. L. 99-500 and Pub. L. 99-591, Sec.
    372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended pars. (6)
    and (13) identically, substituting "Health and Human Services" for
    "Health, Education, and Welfare".
      Subsec. (c)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 314(1),
    and Pub. L. 99-661, Sec. 4104(1), amended par. (2) identically,
    substituting "Subject to amounts appropriated to carry out this
    section under subsection (g) of this section" for "Subject to the
    authorization levels specified in subsection (g) of this section
    for the fiscal years ending September 30, 1979, and September 30,
    1980, and subject to amounts appropriated for this program for the
    fiscal year ending September 30, 1981, and for each succeeding
    fiscal year ending on or before September 30, 1984".
      Subsec. (c)(4). Pub. L. 99-500 and Pub. L. 99-591, Sec. 342(a),
    and Pub. L. 99-661, Sec. 4302(a), amended subsec. (c) identically,
    adding par. (4).
      Subsec. (d)(4). Pub. L. 99-500 and Pub. L. 99-591, Sec. 343(a),
    and Pub. L. 99-661, Sec. 4303(a), amended subsec. (d) identically,
    adding par. (4).
      Subsec. (e)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec.
    372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended par. (2)
    identically, substituting "Health and Human Services" for "Health,
    Education, and Welfare".
      Subsec. (f)(1). Pub. L. 99-500 and Pub. L. 99-591, Sec. 344(a),
    and Pub. L. 99-661, Sec. 4304(a), generally amended par. (1)
    identically, substituting subpars. (A) to (E) for former subpars.
    (A) to (L) and concluding provisions.
      Subsec. (f)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 345, and
    Pub. L. 99-661, Sec. 4305, generally amended par. (2) identically.
    Prior to amendment, par. (2) read as follows: "Not less than one
    month prior to the submission to the Governor of the plan of
    operation and administration required by this subsection, the State
    agency shall conduct hearings to enable the general public to
    participate in the development of the State agency plan."
      Subsec. (f)(8). Pub. L. 99-500 and Pub. L. 99-591, Sec. 346, and
    Pub. L. 99-661, Sec. 4306, generally amended par. (8) identically.
    Prior to amendment, par. (8) read as follows: "The State agency
    shall, in cooperation with participating local agencies, publicize
    the availability of program benefits, including the eligibility
    criteria for participation and the location of local agencies
    operating the program. Such information shall be publicly announced
    by the State agency and by local agencies at least annually. Such
    information shall also be distributed to offices and organizations
    that deal with significant numbers of potentially eligible persons,
    including health and medical organizations, hospitals and clinics,
    welfare and unemployment offices, social service agencies,
    farmworker organizations, Indian tribal organizations, and
    religious and community organizations in low income areas."
      Subsec. (f)(11). Pub. L. 99-500 and Pub. L. 99-591, Sec.
    341(b)(1), and Pub. L. 99-661, Sec. 4301(b)(1), amended par. (11)
    identically, substituting "funds for nutrition services and
    administration" for "administrative funds".
      Subsec. (f)(15). Pub. L. 99-500 and Pub. L. 99-591, Sec. 347, and
    Pub. L. 99-661, Sec. 4307, amended subsec. (f) identically, adding
    par. (15).
      Subsec. (g)(1). Pub. L. 99-661, Sec. 4104(2), designated existing
    provision authorizing appropriations of $550,000,000 for fiscal
    year ending Sept. 30, 1979, $750,000,000 for fiscal year ending
    Sept. 30, 1980, $900,000,000 for fiscal year ending Sept. 30, 1981,
    $1,017,000,000 for fiscal year ending Sept. 30, 1982,
    $1,060,000,000 for fiscal year ending Sept. 30, 1983, and
    $1,126,000,000 for fiscal year ending Sept. 30, 1984 as par. (1),
    and substituted provision authorizing appropriations of
    $1,570,000,000 for fiscal year ending Sept. 30, 1986, such sums as
    may be necessary for each of fiscal years ending Sept. 30, 1987,
    and Sept. 30, 1988, and $1,782,000,000 for fiscal year ending Sept.
    30, 1989.
      Pub. L. 99-500 and Pub. L. 99-591, Sec. 314(2), designated
    existing provision authorizing appropriations of $550,000,000 for
    fiscal year ending Sept. 30, 1979, $750,000,000 for fiscal year
    ending Sept. 30, 1980, $900,000,000 for fiscal year ending Sept.
    30, 1981, $1,017,000,000 for fiscal year ending Sept. 30, 1982,
    $1,060,000,000 for fiscal year ending Sept. 30, 1983, and
    $1,126,000,000 for fiscal year ending Sept. 30, 1984, as par. (1),
    and in par. (1) as so designated, substituted provision authorizing
    appropriations of $1,580,494,000 for fiscal year ending Sept. 30,
    1986, such sums as may be necessary for each of fiscal years ending
    Sept. 30, 1987, and Sept. 30, 1988, and $1,782,000,000 for fiscal
    year ending Sept. 30, 1989.
      Subsec. (g)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 348(a),
    and Pub. L. 99-661, Sec. 4308(a), amended subsec. (g) identically,
    adding par. (2).
      Subsec. (g)(3). Pub. L. 99-500 and Pub. L. 99-591, Secs.
    314(2)(A), 343(b), 349, and Pub. L. 99-661, Secs. 4104(2)(A),
    4303(b), 4309, amended subsec. (g) identically, designating
    provisions as par. (3) and inserting "preparing the report required
    under subsection (d)(4) of this section, providing technical
    assistance to improve State agency administrative systems,".
      Subsec. (h)(1). Pub. L. 99-500 and Pub. L. 99-591, Secs.
    341(b)(2), 350, and Pub. L. 99-661, Secs. 4301(b)(2), 4310, amended
    par. (1) identically, substituting "costs for nutrition services
    and administration" for "administrative costs" in three places and
    inserting at end "The Secretary shall limit to a minimal level any
    documentation required under the preceding sentence."
      Subsec. (h)(2). Pub. L. 99-500 and Pub. L. 99-591, Secs. 314(3),
    341(b)(1), and Pub. L. 99-661, Secs. 4104(3), 4301(b)(1), amended
    par. (2) identically, substituting "1989" for "1984" and "funds for
    nutrition services and administration" for "administrative funds".
      Subsec. (h)(3). Pub. L. 99-500 and Pub. L. 99-591, Secs. 341(b),
    351, and Pub. L. 99-661, Secs. 4301(b), 4311, amended par. (3)
    identically, substituting "funds for nutrition services and
    administration" for "administrative funds" in two places and "costs
    for nutrition services and administration" for "administrative
    costs" and striking out ", which satisfy allocation guidelines
    established by the Secretary" after "several local agencies" and
    last sentence which read as follows: "These allocation standards
    shall be included in the plan of operation and administration
    required by subsection (f) of this section."
      Subsec. (h)(4). Pub. L. 99-500 and Pub. L. 99-591, Sec. 352, and
    Pub. L. 99-661, Sec. 4312, amended par. (4) identically,
    substituting "may" for "shall".
      Pub. L. 99-500 and Pub. L. 99-591, Sec. 341(b)(1), and Pub. L. 99-
    661, Sec. 4301(b)(1), amended par. (4) identically, substituting
    "funds for nutrition services and administration" for
    "administrative funds".
      Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, Sec. 353(a), and
    Pub. L. 99-661, Sec. 4313, amended subsec. (i) identically,
    designating existing provisions as pars. (1), (2), and (4) to (6)
    and adding par. (3).
      Subsec. (k)(1), (2). Pub. L. 99-500 and Pub. L. 99-591, Sec.
    372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended pars. (1)
    and (2) identically, substituting "Health and Human Services" for
    "Health, Education, and Welfare" in two places in par. (1) and in
    one place in par. (2).
      1981 - Subsec. (g). Pub. L. 97-35 inserted provisions setting
    forth specific appropriations for fiscal years ending Sept. 30,
    1982, 1983, and 1984.
      1980 - Subsec. (c)(2). Pub. L. 96-499, Sec. 203(d)(1),
    substituted "for the fiscal year ending September 30, 1981, and for
    each succeeding fiscal year ending on or before September 30, 1984"
    for "for the fiscal years ending September 30, 1981, and September
    30, 1982".
      Subsec. (g). Pub. L. 96-499, Sec. 203(d)(2), substituted "such
    sums as may be necessary for the three subsequent fiscal years" for
    "$950,000,000 for the fiscal year ending September 30, 1982".
      Subsec. (h)(2). Pub. L. 96-499, Sec. 203(d)(3), substituted
    "1984" for "1982".
      1979 - Subsec. (g). Pub. L. 96-108 substituted "$750,000,000" for
    "$800,000,000".
      1978 - Subsec. (a). Pub. L. 95-627 expanded provisions of this
    section to include postpartum and breastfeeding women.
      Subsec. (b). Pub. L. 95-627 substituted provisions defining terms
    for purposes of this section for provisions relating to cash grants
    to State health departments, Indians, and other agencies for
    supplemental food to pregnant and lactating women and infants.
      Subsec. (c). Pub. L. 95-627 substituted provisions authorizing
    grants-in-aid by the Secretary, prohibiting ratable reductions of
    amounts of food an agency may distribute, authorizing affirmative
    actions to institute the program where needed, and authorizing the
    issuance of regulations relating to dual receipt of benefits under
    a commodity supplemental food program for provisions authorizing
    appropriations to carry out the food program for each fiscal year
    during the period ending Sept. 30, 1978.
      Subsec. (d). Pub. L. 95-627 substituted provisions specifying
    persons eligible to participate in the food program for provisions
    prescribing administrative cost limitations and calling for
    approval by the Secretary of the manner of expenditure by the
    recipient agencies.
      Subsec. (e). Pub. L. 95-627 substituted provisions relating to
    nutrition education for program participants for provisions
    relating to persons eligible to participate in the program. See
    subsec. (d) of this section.
      Subsec. (f). Pub. L. 95-627 substituted provisions relating to
    submittal of State operational and administrative plans,
    participation in the program by eligible migrants, recordkeeping,
    certain types of notification, hearings, certification of
    eligibility, withholding of funds, issuance of regulations, and use
    of foreign languages for provisions relating to the maintenance of
    adequate medical records, the establishment of an advisory
    committee to study methods of evaluating the health benefits of the
    program, and the submittal of a report to Congress based upon such
    study no later than June 1, 1976.
      Subsec. (g). Pub. L. 95-627 substituted provisions authorizing
    appropriations for fiscal years ending Sept. 30, 1979, 1980, 1981,
    and 1982 for provisions defining terms for purposes of this
    section. See subsec. (b) of this section.
      Subsec. (h). Pub. L. 95-627 substituted provisions relating to
    allocation of funds for administrative costs for provisions
    relating to establishment of the National Advisory Council on
    Maternal, Infant, and Fetal Nutrition.
      Subsecs. (i) to (l). Pub. L. 95-627 added subsecs. (i) to (l).
      1977 - Subsec. (d). Pub. L. 95-166, Sec. 20(6), substituted "each
    year by not later than a date specified by the Secretary" for "by
    January 1 of each year (by December 1 in the case of fiscal year
    1976)".
      Subsec. (h)(8). Pub. L. 95-166, Sec. 18, inserted proviso
    respecting compensation of parent recipient members of the Council.
      1975 - Subsec. (a). Pub. L. 94-105 added subsec. (a). Former
    subsec. (a) redesignated (b).
      Pub. L. 94-28, Sec. 1(a), inserted "and for the period July 1,
    1975, through September 30, 1975," after "1975,".
      Subsec. (b)(1), (2). Pub. L. 94-105 redesignated former subsec.
    (a) as (b)(1), added (b)(2), and in (b)(1) as so redesignated,
    extended the program from Sept. 30, 1975 through the fiscal year
    ending Sept. 30, 1978 and made minor changes in phraseology. Former
    subsec. (b) redesignated (c).
      Pub. L. 94-28, Sec. 1(b), inserted "and for the period July 1,
    1975, through September 30, 1975," after "1975,".
      Subsec. (c). Pub. L. 94-105 redesignated former subsec. (b) as
    (c), and in subsec. (c) as so redesignated, authorized the
    appropriation of $250,000,000 during each fiscal year during the
    period ending Sept. 30, 1977, authorized the amount of $250,000,000
    which the Secretary can use out of the funds appropriated by
    section 612c of Title 7 in the event that less than $250,000,000
    has been appropriated by the beginning of each fiscal year and
    authorized the appropriation of not to exceed $250,000,000 during
    the fiscal year ending Sept. 30, 1978. Former subsec. (c)
    redesignated (d).
      Subsec. (d). Pub. L. 94-105 redesignated former subsec. (c) as
    (d), and in subsec. (d) as so redesignated, increased from 10 to 20
    per centum the amount of administrative costs the Secretary is
    authorized to pay except that in the first 3 months or until the
    projected caseload level has been reached the Secretary shall pay
    those administrative costs necessary to commence the program
    successfully, inserted provision relating to submission for
    approval of a description of the manner in which administrative
    funds shall be spent, and directed the Secretary to take
    affirmative action to insure that programs begin in the most needy
    areas. Former subsec. (d) redesignated (e).
      Subsec. (e). Pub. L. 94-105 redesignated former subsec. (d) as
    (e) and in subsec. (e) as so redesignated, substituted "under this
    section" for "under subsection (a) of this section" and inserted
    "or members of populations" after "residents of areas". Former
    subsec. (e) redesignated (f).
      Subsec. (f). Pub. L. 94-105 redesignated former subsec. (e) as
    (f), and in subsec. (f) as so redesignated, substituted provisions
    relating to the convention of an advisory committee to study
    methods available to evaluate the health benefits of the program
    with a report to the Secretary who shall report to Congress no
    later than June 1, 1976, for provision that the Secretary and
    Comptroller General of the United States submit preliminary reports
    to Congress no later than Oct. 1, 1974 and submit no later than
    March 30, 1975 evaluations of the program and recommendations with
    regard to its continuation. Former subsec. (f) redesignated (g).
      Subsec. (g). Pub. L. 94-105 redesignated former subsec. (f) as
    (g), and in subsec. (g) as so redesignated, substituted "includes
    women from" for "includes mothers from", and expanded definition of
    lactating women who are breast feeding an infant up to one year of
    age and all women for a period of six months post partum, in par.
    (1); substituted "5 years" for "four years" wherever appearing and
    inserted "(at the discretion of the Secretary)" after "may also
    include", in par. (2); struck out "food product" before
    "commercially formulated", inserted "women or" before "infants" and
    inserted provision relating to the availability of the contents of
    the food package, in par. (3).
      Subsec. (h). Pub. L. 94-105 added subsec. (h).
      1974 - Subsec. (b). Pub. L. 93-326 increased from $40,000,000 to
    $100,000,000 appropriation authorization for fiscal year ending
    June 30, 1975, and increased from $40,000,000 to $100,000,000
    amount which Secretary can use out of funds appropriated by section
    612c of Title 7 in event that less than $100,000,000 has been
    appropriated by Aug. 1, 1974, for carrying out special supplemental
    food program for fiscal year ending June 30, 1975.
      1973 - Subsec. (a). Pub. L. 93-150, Sec. 6(a), provided for cash
    grants during fiscal year ending June 30, 1975, substituted in
    first sentence in two places "State; Indian tribe, band, or group
    recognized by the Department of the Interior; or the Indian Health
    Service of the Department of Health, Education, and Welfare" for
    "State", and substituted in second sentence provision for operation
    of the program for a "three-year" rather than a "two-year" period.
      Subsec. (b). Pub. L. 93-150, Sec. 6(b), authorized appropriation
    of $40,000,000 for fiscal year ending June 30, 1975, and provided
    that in the event such sum was not appropriated by August 1, 1974,
    the Secretary was to use $40,000,000, or, if any amount had been
    appropriated, the difference, if any, between the amount directly
    appropriated and $40,000,000, out of funds appropriated by section
    612c of title 7.
      Subsec. (e). Pub. L. 93-150, Sec. 6(c), extended dates for
    submission of preliminary and final evaluation reports from Oct. 1,
    1973, to Oct. 1, 1974, and from Mar. 30, 1974, to Mar. 30, 1975,
    respectively.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Education and Labor of House of Representatives
    treated as referring to Committee on Economic and Educational
    Opportunities of House of Representatives by section 1(a) of Pub.
    L. 104-14, set out as a note preceding section 21 of Title 2, The
    Congress. Committee on Economic and Educational Opportunities of
    House of Representatives changed to Committee on Education and the
    Workforce of House of Representatives by House Resolution No. 5,
    One Hundred Fifth Congress, Jan. 7, 1997.

-MISC2-
                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by section 203 of Pub. L. 108-265 effective June 30,
    2004, except as otherwise provided, see section 502(a) of Pub. L.
    108-265, as amended, set out as an Effective Date note under
    section 1754 of this title.
      Amendment by sections 203(a)-(c)(1), (5), (e)(8), (10), (13), (f)
    of Pub. L. 108-265 effective Oct. 1, 2004, see section 502(b)(2) of
    Pub. L. 108-265, as amended, set out as an Effective Date note
    under section 1754 of this title.
      Pub. L. 108-265, title II, Sec. 203(c)(4)(B), June 30, 2004, 118
    Stat. 773, provided that: "The amendment made by subparagraph (A)
    [amending this section] applies to infant formula provided under a
    contract resulting from a bid solicitation issued on or after
    October 1, 2004."
      Pub. L. 108-265, title II, Sec. 203(e)(4)(B), June 30, 2004, 118
    Stat. 774, provided that: "The amendments made by subparagraph (A)
    [amending this section] apply to a contract resulting from a bid
    solicitation issued on or after October 1, 2004."
      Pub. L. 108-265, title II, Sec. 203(e)(6)(B), June 30, 2004, 118
    Stat. 775, provided that: "The amendment made by this paragraph
    [amending this section] applies to a bid solicitation issued on or
    after October 1, 2004."
      Pub. L. 108-265, title II, Sec. 203(e)(7)(C), June 30, 2004, 118
    Stat. 775, provided that: "The amendments made by this paragraph
    [amending this section] apply to a bid solicitation issued on or
    after October 1, 2004."
      Amendment by section 203(e)(9) of Pub. L. 108-265 effective Oct.
    1, 2005, see section 502(b)(5) of Pub. L. 108-265, as amended, set
    out as an Effective Date note under section 1754 of this title.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-171, title IV, Sec. 4306(b), May 13, 2002, 116 Stat.
    332, provided that: "The amendments made by this section [amending
    this section] take effect on the date of enactment of this Act [May
    13, 2002]."
      Pub. L. 107-171, title IV, Sec. 4307(b), May 13, 2002, 116 Stat.
    333, provided that: "The amendments made by this section [amending
    this section] take effect on the date of enactment of this Act [May
    13, 2002]."

                     EFFECTIVE DATE OF 2000 AMENDMENTS                 
      Pub. L. 106-472, title III, Sec. 307(b)(2), Nov. 9, 2000, 114
    Stat. 2073, provided that the amendment made by section 307(b)(2)
    is effective Oct. 1, 2000.
      Amendment by section 242(b)(1), (2) of Pub. L. 106-224 effective
    Oct. 1, 2000, see section 242(c) of Pub. L. 106-224, set out as a
    note under section 1758 of this title.
      Pub. L. 106-224, title II, Sec. 244(f), June 20, 2000, 114 Stat.
    422, provided that:
      "(1) In general. - Except as provided in paragraph (2), the
    amendments made by this section [amending this section] take effect
    on the date of the enactment of this Act [June 20, 2000].
      "(2) Allocation of funds. - The amendments made by subsections
    (d) and (e) [amending this section] take effect on October 1,
    2000."

                     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                 
      Amendment by section 109(h) of Pub. L. 104-193 effective July 1,
    1997, with transition rules relating to State options to accelerate
    such date, rules relating to claims, actions, and proceedings
    commenced before such date, rules relating to closing out of
    accounts for terminated or substantially modified programs and
    continuance in office of Assistant Secretary for Family Support,
    and provisions relating to termination of entitlement under AFDC
    program, see section 116 of Pub. L. 104-193, as amended, set out as
    an Effective Date note under section 601 of this title.
      Section 729(g)(2) of Pub. L. 104-193 provided that: "The
    amendments made by paragraph (1) [amending this section] shall not
    apply to a contract for the procurement of infant formula under
    section 17(h)(8) of the Child Nutrition Act of 1966 (42 U.S.C.
    1786(h)(8)) that is in effect on the date of enactment of this
    subsection [Aug. 22, 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 AND TERMINATION DATES OF 1992 AMENDMENTS        
      Section 209 of title II of Pub. L. 102-512, which provided that
    the authority provided and the amendments made by title II of Pub.
    L. 102-512, amending this section and enacting provisions set out
    as notes under this section and section 1771 of this title, would
    terminate on Sept. 30, 1994, except with regard to subsec.
    (h)(8)(J) of this section, as amended by section 204 of Pub. L. 102-
    512, was repealed, eff. Oct. 1, 1994, by Pub. L. 103-448, title
    II, Sec. 204(o)(2), title IV, Sec. 401, Nov. 2, 1994, 108 Stat.
    4742, 4751.
      Section 4 of Pub. L. 102-314 provided that: "The amendment made
    by section 3 [amending this section] shall be effective as of
    October 1, 1991."

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 123(f)(2) of Pub. L. 101-147 provided that: "The
    amendments made by subsections (a)(5), (a)(6), and (a)(7) [amending
    this section] shall be effective as of October 1, 1989."

                     EFFECTIVE DATE OF 1988 AMENDMENTS                 
      Amendment by Pub. L. 100-435 to be effective and implemented on
    Oct. 1, 1988, see section 701(a) of Pub. L. 100-435, set out as a
    note under section 2012 of Title 7, Agriculture.
      Section 8(d) of Pub. L. 100-237 provided that: "The amendment
    made by subsections (a), (b), and (c) [amending this section and
    enacting provisions set out below] shall take effect October 1,
    1987."

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Section 342(b) of Pub. L. 99-500 and Pub. L. 99-591 and section
    4302(b) of Pub. L. 99-661 provided that: "The amendment made by
    subsection (a) [amending this section] shall apply to a State
    beginning with the fiscal year that commences after the end of the
    first regular session of the State legislature following the date
    of the enactment of this title [Oct. 18, 1986]."
      Section 344(b) of Pub. L. 99-500 and Pub. L. 99-591 and section
    4304(b) of Pub. L. 99-661 provided that: "The amendment made by
    subsection (a) [amending this section] shall apply to a plan
    submitted by a State agency under section 17(f)(1) of the Child
    Nutrition Act of 1966 [subsec. (f)(1) of this section] for the
    fiscal year ending September 30, 1987, and each fiscal year
    thereafter."
      Section 347 of Pub. L. 99-500 and Pub. L. 99-591 and section 4307
    of Pub. L. 99-661 provided that the amendment made by section 347
    of Pub. L. 99-500 and Pub. L. 99-591 and by section 4307 of Pub. L.
    99-661 is effective Oct. 1, 1986.
      Section 348(a) of Pub. L. 99-500 and Pub. L. 99-591 and section
    4308(a) of Pub. L. 99-661 provided that the amendment made by
    section 348(a) of Pub. L. 99-500 and Pub. L. 99-591 and by section
    4308(a) of Pub. L. 99-661 is effective Oct. 1, 1986.
      Section 352 of Pub. L. 99-500 and Pub. L. 99-591 and section 4312
    of Pub. L. 99-661 provided that the amendment made by section 352
    of Pub. L. 99-500 and Pub. L. 99-591 and by section 4312 of Pub. L.
    99-661 is effective Oct. 1, 1986.
      Section 353(b) of Pub. L. 99-500 and Pub. L. 99-591 and section
    4313(b) of Pub. L. 99-661 were substantially identical in providing
    that: "Section 17(i)(3)(A)(i) of the Child Nutrition Act of 1966
    [subsec. (i)(3)(A)(i) of this section] (as amended by subsection
    (a)) shall not apply to appropriations made before the date of
    enactment of this title [Oct. 18, 1986]."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
    820(a)(7)(B) 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                 
      Section 20 of Pub. L. 95-166 provided that the amendment made by
    that section is effective July 1, 1977.

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Section 14 of Pub. L. 94-105 provided that the amendment made by
    that section is effective beginning with the fiscal year ending
    June 30, 1976.

                     TERMINATION OF ADVISORY COUNCILS                 
      Advisory councils established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a council
    established by the President or an officer of the Federal
    Government, such council is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a council
    established by the Congress, its duration is otherwise provided by
    law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

                                REGULATIONS                            
      Pub. L. 108-265, title II, Sec. 203(c)(2)(B), June 30, 2004, 118
    Stat. 772, provided that: "Not later than 18 months after the date
    of receiving the review initiated by the National Academy of
    Sciences, Institute of Medicine in September 2003 of the
    supplemental foods available for the special supplemental nutrition
    program for women, infants, and children authorized under section
    17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), the
    Secretary shall promulgate a final rule updating the prescribed
    supplemental foods available through the program."
      Pub. L. 105-336, title II, Sec. 203(f)(2), Oct. 31, 1998, 112
    Stat. 3160, provided that: "The Secretary of Agriculture shall
    promulgate - 
        "(A) not later than March 1, 1999, proposed regulations to
      carry out section 17(f)(24) of the Child Nutrition Act of 1966
      (42 U.S.C. 1786(f)(24)), as added by paragraph (1); and
        "(B) not later than March 1, 2000, final regulations to carry
      out section 17(f)(24) of that Act."
      Pub. L. 105-336, title II, Sec. 203(l)(2), Oct. 31, 1998, 112
    Stat. 3162, provided that: "The Secretary of Agriculture shall
    promulgate - 
        "(A) not later than March 1, 1999, proposed regulations to
      carry out section 17(h)(11) of the Child Nutrition Act of 1966
      (42 U.S.C. 1786(h)(11)), as added by paragraph (1); and
        "(B) not later than March 1, 2000, final regulations to carry
      out section 17(h)(11) of that Act."
      Pub. L. 105-336, title II, Sec. 203(p)(2), Oct. 31, 1998, 112
    Stat. 3165, provided that: "The Secretary of Agriculture shall
    promulgate - 
        "(A) not later than March 1, 1999, proposed regulations to
      carry out section 17(o) of the Child Nutrition Act of 1966 (42
      U.S.C. 1786(o)), as added by paragraph (1); and
        "(B) not later than March 1, 2000, final regulations to carry
      out section 17(o) of that Act."
      Section 123(f)(1) of Pub. L. 101-147 provided that: "Not later
    than July 1, 1990, the Secretary of Agriculture shall issue final
    regulations to implement the amendments made by subsections (a)(2),
    (a)(3), and (a)(4) [amending this section]."
      Section 213(b) of Pub. L. 101-147 provided that: "Not later than
    July 1, 1990, the Secretary of Agriculture shall issue final
    regulations to implement the amendments made by subsection (a)
    [amending this section]."
      Section 13 of Pub. L. 95-627 provided that:
      "(a) The Secretary shall promulgate regulations to implement the
    provisions of section 3 of this Act [amending this section] within
    one hundred and twenty days of the date of enactment of this Act
    [Nov. 10, 1978].
      "(b) The provisions of section 17 of the [Richard B. Russell]
    National School Lunch Act [section 1766 of this title] and section
    17 of the Child Nutrition Act of 1966 [this section], in effect
    prior to the effective date of sections 2 and 3 of this Act [Oct.
    1, 1978], which are relevant to current regulations of the
    Secretary governing the child care food program and the special
    supplemental food program, respectively, shall remain in effect
    until such regulations are revoked, superseded, amended, or
    modified by regulations issued under those sections as amended by
    sections 2 and 3 of this Act.
      "(c) Pending proceedings under section 17 of the National School
    Lunch Act [section 1766 of this title] and section 17 of the Child
    Nutrition Act of 1966 [this section] shall not be abated by reason
    of any provision of sections 2 and 3 of this Act [amending this
    section and section 1766 of this title], but shall be disposed of
    under the applicable provisions of section 17 of the National
    School Lunch Act and section 17 of the Child Nutrition Act of 1966
    in effect prior to the effective date of sections 2 and 3 of this
    Act [Oct. 1, 1978].
      "(d) Appropriations made available to carry out section 17 of the
    National School Lunch Act [section 1766 of this title] and section
    17 of the Child Nutrition Act of 1966 [this section] shall be
    available to carry out the provisions of sections 2 and 3 of this
    Act [amending this section and section 1766 of this title]."

                    STUDY OF COST CONTAINMENT PRACTICES                
      Pub. L. 105-336, title II, Sec. 203(r), Oct. 31, 1998, 112 Stat.
    3166, provided that:
      "(1) In general. - The Secretary of Agriculture shall conduct a
    study on the effect of cost containment practices established by
    States under the special supplemental nutrition program for women,
    infants, and children authorized under section 17 of the Child
    Nutrition Act of 1966 (42 U.S.C. 1786) for the selection of vendors
    and approved food items (other than infant formula) on - 
        "(A) program participation;
        "(B) access and availability of prescribed foods;
        "(C) voucher redemption rates and actual food selections by
      participants;
        "(D) participants on special diets or with specific food
      allergies;
        "(E) participant use and satisfaction of prescribed foods;
        "(F) achievement of positive health outcomes; and
        "(G) program costs.
      "(2) Report. - The Secretary shall submit to the Committee on
    Education and the Workforce of the House of Representatives and the
    Committee on Agriculture, Nutrition, and Forestry of the Senate - 
        "(A) not later than 2 years after the date of enactment of this
      Act [Oct. 31, 1998], an interim report describing the results of
      the study conducted under paragraph (1); and
        "(B) not later than 3 years after the date of enactment of this
      Act, a final report describing the results of the study conducted
      under paragraph (1)."

                           STUDY OF WIC SERVICES                       
      Pub. L. 105-336, title II, Sec. 203(s), Oct. 31, 1998, 112 Stat.
    3167, provided that:
      "(1) In general. - The Comptroller General of the United States
    shall conduct a study that assesses - 
        "(A) the cost of delivering services under the special
      supplemental nutrition program for women, infants, and children
      authorized under section 17 of the Child Nutrition Act of 1966
      (42 U.S.C. 1786), including the costs of implementing and
      administering cost containment efforts;
        "(B) the fixed and variable costs incurred by State and local
      governments for delivering the services and the extent to which
      those costs are charged to State agencies;
        "(C) the quality of the services delivered, taking into account
      the effect of the services on the health of participants; and
        "(D) the costs incurred for personnel, automation, central
      support, and other activities to deliver the services and whether
      the costs meet Federal audit standards for allowable costs under
      the program.
      "(2) Report. - Not later than 3 years after the date of enactment
    of this Act [Oct. 31, 1998], the Comptroller General shall submit
    to the Secretary of Agriculture, the Committee on Education and the
    Workforce of the House of Representatives, and the Committee on
    Agriculture, Nutrition, and Forestry of the Senate a report
    containing the results of the study conducted under paragraph (1)."

    REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH
               CENTER CONSIDERED REFERENCE TO HEALTH CENTER
      Reference to community health center, migrant health center,
    public housing health center, or homeless health center considered
    reference to health center, see section 4(c) of Pub. L. 104-299,
    set out as a note under section 254b of this title.

             PROMOTION BY SECRETARY OF USE OF FARMERS' MARKETS         
      Section 204(v)(12) of Pub. L. 103-448 provided that: "The
    Secretary of Agriculture shall promote the use of farmers' markets
    by recipients of Federal nutrition programs administered by the
    Secretary."

              REFERENCES TO SPECIAL SUPPLEMENTAL FOOD PROGRAM          
      Section 204(w)(3) of Pub. L. 103-448 provided that: "Any
    reference to the special supplemental food program established
    under section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
    1786) in any provision of law, regulation, document, record, or
    other paper of the United States shall be considered to be a
    reference to the special supplemental nutrition program established
    under such section."

           WIC INFANT FORMULA PROTECTION; FINDINGS AND PURPOSES       
      Section 202 of title II of Pub. L. 102-512, as amended by Pub. L.
    103-448, title II, Sec. 204(w)(2)(F), Nov. 2, 1994, 108 Stat. 4746,
    provided that:
      "(a) Findings. - 
        "(1) the domestic infant formula industry is one of the most
      concentrated manufacturing industries in the United States;
        "(2) only three pharmaceutical firms are responsible for almost
      all domestic infant formula production;
        "(3) coordination of pricing and marketing strategies is a
      potential danger where only a very few companies compete
      regarding a given product;
        "(4) improved competition among suppliers of infant formula to
      the special supplemental food program [special supplemental
      nutrition program] for women, infants, and children (WIC) can
      save substantial additional sums to be used to put thousands of
      additional eligible women, infants, and children on the WIC
      program; and
        "(5) barriers exist in the infant formula industry that inhibit
      the entry of new firms and thus limit competition.
      "(b) Purposes. - It is the purpose of this title [amending this
    section and enacting provisions set out as notes under this section
    and section 1771 of this title] to enhance competition among infant
    formula manufacturers and to reduce the per unit costs of infant
    formula for the special supplemental nutrition program for women,
    infants, and children (WIC)."

                 STUDY OF INFANT FORMULA BID SOLICITATIONS             
      Section 208 of title II of Pub. L. 102-512 directed Secretary of
    Agriculture, not later than Apr. 1, 1994, to report to Congress on
    State agencies that request the Secretary of Agriculture to conduct
    bid solicitations for infant formula under 42 U.S.C.
    1786(h)(8)(G)(i), cost reductions achieved by the solicitations,
    and other matters the Secretary determined to be appropriate
    regarding title II of Pub. L. 102-512.

      WOMEN, INFANTS, AND CHILDREN FARMERS' MARKET NUTRITION PROGRAM;
                    CONGRESSIONAL STATEMENT OF PURPOSE
      Section 2 of Pub. L. 102-314 provided that: "The purpose of this
    Act [amending this section and enacting provisions set out as notes
    under this section and section 1771 of this title] is to authorize
    grants to be made to State programs designed to - 
        "(1) provide resources to women, infants, and children who are
      nutritionally 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' markets and
      increase sales at such markets."

              REVIEW OF PRIORITY SYSTEM; REPORTS TO CONGRESS          
      Section 123(b) of Pub. L. 101-147 directed Secretary of
    Agriculture to review relationship between nutritional risk
    criteria established under this section and priority system used
    under special supplemental food program under this section,
    especially as it affected pregnant women, and to submit preliminary
    and final reports to Congress on results of review by Oct. 1, 1990,
    and by July 1, 1991, respectively.

                        REPORT ON WIC FOOD PACKAGE                    
      Section 123(c) of Pub. L. 101-147 directed Secretary of
    Agriculture to review appropriateness of foods eligible for
    purchase under special supplemental food program under this section
    and to submit preliminary and final reports to Congress on findings
    of review by June 30, 1991, and by June 30, 1992, respectively.

         REPORT ON COSTS FOR NUTRITION SERVICES AND ADMINISTRATION     
      Section 123(d) of Pub. L. 101-147 directed Secretary of
    Agriculture to review effect on costs for nutrition services and
    administration incurred by State and local agencies of sections 123
    and 213 of Pub. L. 101-647, and the amendments made by such
    sections, amending this section and enacting provisions set out as
    notes under this section (including effect of both increases and
    decreases in requirements imposed on such agencies), and to report
    results of such review to Congress not later than one year after
    Nov. 10, 1989.

                            PAPERWORK REDUCTION                        
      Section 123(e) of Pub. L. 101-147 provided that: "In implementing
    and monitoring compliance with the provisions of the amendments
    made by this section [amending this section] (other than the
    amendment made by subsection (a)(2) to section 17(d)(2) of the
    Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)), the Secretary
    of Agriculture shall not impose any new requirement on a State or
    local agency that would require the State or local agency to place
    additional paperwork or documentation in a case file maintained by
    a local agency."

               FARMERS' MARKET COUPONS DEMONSTRATION PROJECT           
      Section 501(a) of Pub. L. 100-435 provided that: "The purpose of
    this section is to authorize the establishment of a grant program
    to encourage State demonstration projects designed to - 
        "(1) provide resources to persons who are nutritionally 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' markets and
      increase sales at such markets."

          STUDY OF NUTRITION SERVICES AND ADMINISTRATION FUNDING      
      Section 8(c) of Pub. L. 100-237 directed 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 include an analysis of the
    impact in future years on per participant administrative costs if a
    substantial number of States implement competitive bidding, rebate,
    direct distribution, or home delivery systems and to examine the
    impact of percentage provided for nutrition services and
    administration on quality of such services.

          STUDY OF MEDICAID SAVINGS FOR NEWBORNS FROM WIC PROGRAM      
      Section 10 of Pub. L. 100-237 directed Secretary of Agriculture
    to study medicaid savings 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, Sec.
    101(k) [title III], Dec. 22, 1987, 101 Stat. 1329-349.

                    ACCOUNTABILITY FOR MIGRANT SERVICES                
      Section 348(b) of Pub. L. 99-500 and Pub. L. 99-591 and section
    4308(b) of Pub. L. 99-661 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]."

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 1787                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1787. Repealed. Pub. L. 104-193, title VII, Sec. 730, Aug. 22,
      1996, 110 Stat. 2305

-MISC1-
      Section, Pub. L. 89-642, Sec. 18, as added Pub. L. 94-105, Sec.
    23, Oct. 7, 1975, 89 Stat. 528, authorized appropriations and
    directed Secretary to make cash grants for nutrition education.

-End-

-CITE-
    42 USC Sec. 1788                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1788. Team nutrition network

-STATUTE-
    (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 material
      developed by the Secretary, and to encourage regular physical
      activity and other activities that support healthy lifestyles for
      children, including those based on the most recent Dietary
      Guidelines for Americans published under section 5341 of title 7;
        (2) to provide assistance to States for the development of
      comprehensive and integrated nutrition education and active
      living programs in schools and facilities that participate in
      child nutrition programs;
        (3) to provide training and technical assistance and
      disseminate team nutrition messages to States, school and
      community nutrition programs, and child nutrition food service
      professionals;
        (4) to coordinate and collaborate with other nutrition
      education and active living programs that share similar goals and
      purposes; and
        (5) to identify and share innovative programs with demonstrated
      effectiveness in helping children to maintain a healthy weight by
      enhancing student understanding of healthful eating patterns and
      the importance of regular physical activity.
    (b) Definition of team nutrition network
      In this section, the term "team nutrition network" means a
    statewide multidisciplinary program 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 messages and other
        scientifically based information; 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 Secretary may accept cash
      contributions from nongovernmental organizations made expressly
      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 Richard 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 service programs; and
        (2) the total value of funds received by the Secretary in
      support of this section from nongovernmental sources.
    (e) Requirements for State participation
      To be eligible to receive a grant under this section, a State
    agency shall submit to the Secretary a plan that - 
        (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
        developed 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 fitness 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 education
        activities;
          (E) a description of the consultative process that the State
        agency employed in the development of the model nutrition and
        physical activity programs, including consultations with
        individuals and organizations with expertise in promoting
        public health, nutrition, or physical activity;
          (F) a description of how the State agency will evaluate the
        effectiveness of each program developed by the State agency;
          (G) an annual summary of the team nutrition 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 communications to parents and
        legal guardians of students who are members of a household
        receiving 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 nutrition network within
      and across schools, school food authorities, and other child
      nutrition program providers in the State; and
        (2) coordinate activities of the Secretary, acting through the
      Food and Nutrition Service, and State agencies responsible for
      other children's health, education, and wellness programs to
      implement a comprehensive, coordinated 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,
      physically inactive, or otherwise suffering from nutrition-
      related deficiencies or disease conditions; and
        (B) to identify the programs and services available to meet
      those needs;
        (2) to implement model elementary and secondary education
      curricula using team nutrition 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 regular physical activity during school hours;
        (6) to establish healthy eating and lifestyle policies in
      schools;
        (7) to provide training and technical assistance to teachers
      and school food service professionals consistent with the
      purposes of this section;
        (8) to collaborate with public and private organizations,
      including community-based organizations, State medical
      associations, and public health groups, to develop and implement
      nutrition and physical education programs 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 consultation with the Secretary of
      Education, shall provide assistance to selected local educational
      agencies to create healthy school nutrition environments, promote
      healthy eating habits, and increase physical activity, consistent
      with the Dietary Guidelines for Americans 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, including local
        educational agencies with significant minority or low-income
        student populations; and
          (C) establish a process that allows the Secretary 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 for representing
      the general field of public health, including nutrition and
      fitness professionals, submit to the Secretary an application
      that shall include - 
          (A) a description of the need of the local educational agency
        for a nutrition and physical activity program, including an
        assessment 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 Reauthorization 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 appropriate, to improve student health and
        nutrition;
          (E) a statement of the measurable goals of the local
        educational agency for nutrition and physical education
        programs and promotion;
          (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 maximum practicable, in a language
        that parents 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 during
      a period of 3 successive school years beginning with the initial
      fiscal year for which the local educational agency receives
      funds.
      (5) Authorized activities
        An eligible applicant that receives assistance under this
      subsection - 
          (A) shall use funds provided to - 
            (i) promote healthy eating through the development and
          implementation of nutrition education programs and curricula
          based on the Dietary Guidelines for Americans published under
          section 5341 of title 7; and
            (ii) increase opportunities for physical activity through
          after school programs, athletics, intramural activities, and
          recess; and

          (B) may use funds provided to - 
            (i) educate parents and students about the relationship of
          a poor diet and inactivity to obesity and other health
          problems;
            (ii) develop and implement physical education programs that
          promote fitness and lifelong activity;
            (iii) provide training and technical assistance 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 professionals, food service
          staff, educators, community leaders, and other interested
          parties 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 nutrition 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
          established by section 1773 of this title and items sold a la
          carte during meal times;
            (vii) encourage the increased consumption of a variety of
          healthy foods, including fruits, vegetables, whole grains,
          and low-fat dairy products, through new initiatives 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, including sports
          nutrition education, for teachers, 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 subsection, the Secretary shall - 
          (A) submit to the Committee on Education and the Workforce of
        the House of Representatives 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 subsection;
        and
          (B) make the report available to the public, 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 evaluation
      (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 independent, nonpartisan, science-based research
      organization - 
          (A) to conduct a comprehensive independent 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 behaviors on the school
          campus, including by increasing healthier meal choices by
          students, as evidenced by greater inclusion of fruits,
          vegetables, whole grains, and lean dairy and protein in meal
          and snack selections;
            (v) providing training and technical assistance for food
          service professionals resulting 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 organizations, 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 providing 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 Secretary shall submit to the Committee
      on Education and the Workforce of the House of Representatives,
      the Committee on Health, Education, Labor, and Pensions and the
      Committee on Agriculture, Nutrition, and Forestry 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.

-SOURCE-
    (Pub. L. 89-642, Sec. 19, as added Pub. L. 95-166, Sec. 15, Nov.
    10, 1977, 91 Stat. 1340; amended Pub. L. 96-499, title II, Sec.
    213, Dec. 5, 1980, 94 Stat. 2603; Pub. L. 97-35, title VIII, Secs.
    806, 817(f), Aug. 13, 1981, 95 Stat. 527, 532; Pub. L. 99-500,
    title III, Secs. 315, 362, 372(b), 373(b), Oct. 18, 1986, 100 Stat.
    1783-360, 1783-368, 1783-369, and Pub. L. 99-591, title III, Secs.
    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, Sec. 4105, title
    IV, Sec. 4402, title V, Secs. 4502(b), 4503(b), Nov. 14, 1986, 100
    Stat. 4071, 4079-4081; Pub. L. 101-147, title I, Sec. 124, title
    II, Sec. 214, title III, Sec. 327, Nov. 10, 1989, 103 Stat. 905,
    913, 918; Pub. L. 103-448, title II, Sec. 205, Nov. 2, 1994, 108
    Stat. 4746; Pub. L. 104-193, title VII, Sec. 731(a)-(f), Aug. 22,
    1996, 110 Stat. 2305-2307; Pub. L. 105-336, title II, Sec. 204,
    Oct. 31, 1998, 112 Stat. 3167; Pub. L. 106-78, title VII, Sec.
    752(b)(16), Oct. 22, 1999, 113 Stat. 1170; Pub. L. 108-265, title
    II, Sec. 205(a), June 30, 2004, 118 Stat. 782.)

-REFTEXT-
                            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, as amended, which is classified generally to
    chapter 13 (Sec. 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 Reauthorization 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.

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-
                                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 nutritional
    value of foods and the relationship between food and health,
    training child nutrition program personnel in the principles and
    practices of food service management, instructing teachers in
    principles of nutrition education, developing and using classroom
    materials and curricula, and providing information to parents 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 programs 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, Sec. 731(a)(1), substituted
    "that effective dissemination of scientifically valid information
    to children participating or eligible to participate in the school
    lunch and related child nutrition 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 importance of good
    nutrition.
      Subsec. (b). Pub. L. 104-193, Sec. 731(a)(2), substituted
    "establish" for "encourage effective dissemination of
    scientifically valid information to children participating or
    eligible to participate in the school lunch and related child
    nutrition programs by establishing".
      Subsec. (f)(1). Pub. L. 104-193, Sec. 731(b)(1)(B), struck out
    "(A)" before "The funds made available" in introductory 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,
    instructing staff on working with children from different
    backgrounds, developing means of providing nutrition education 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 advertisements,
    coordinating and promoting nutrition activities in local school
    districts, contracting with public and private nonprofit
    educational institutions for nutrition education, increasing
    awareness of importance of breakfasts, and coordinating and
    promoting nutrition education under child nutrition programs.
      Pub. L. 104-193, Sec. 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 materials, programming, or
    advertisements means materials, programming, or advertisements,
    respectively, using a language other than the English language in a
    case in which the language is dominant for a large percentage of
    individuals participating in the program."
      Subsec. (f)(2), (3). Pub. L. 104-193, Sec. 731(b)(2), (3),
    redesignated 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 planning 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 responsibilities: Provided, That in order to
    receive additional funding, the State must carry out such
    responsibilities."
      Subsec. (f)(4). Pub. L. 104-193, Sec. 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, Sec. 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, Sec. 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 "prepare a State plan".
      Subsec. (h)(2). Pub. L. 104-193, Sec. 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 institutional resources within the State for
    materials, facilities, staffs, and methods related to nutrition
    education."
      Subsec. (h)(3). Pub. L. 104-193, Sec. 731(d)(3), struck out par.
    (3) which related to comprehensive nutrition education plan to be
    submitted by State coordinator within 9 months of award of planning
    and assessment grant and reviews in light of plan.
      Subsec. (i)(2)(A). Pub. L. 104-193, Sec. 731(e)(1), struck out
    "and each succeeding fiscal year" after "fiscal year 1996".
      Subsec. (i)(3) to (5). Pub. L. 104-193, Sec. 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, Sec. 731(f), struck out subsec. (j)
    which read as follows:
      "(1) The Secretary shall assess the nutrition education and
    training program carried out under this section 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, Sec. 205(a), substituted
    "education and training programs" for "information and education
    programs".
      Subsec. (c). Pub. L. 103-448, Sec. 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, Sec. 205(a), (c)(1), substituted
    "education and training program" for "information and education
    program" in introductory provisions 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, Sec. 205(c)(2), substituted
    "educational, school food service, child care, and summer food
    service personnel" for "educational and school food service
    personnel".
      Subsec. (d)(5). Pub. L. 103-448, Sec. 205(c)(3), in first
    sentence inserted ", and in child care institutions and summer food
    service institutions," after "schools".
      Subsec. (f)(1)(A). Pub. L. 103-448, Sec. 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, Sec. 205(d)(2)-
    (4), redesignated subpars. (A) to (H) as cls. (i) to (viii),
    respectively, of subpar. (A) and realigned margins.
      Subsec. (f)(1)(A)(ix). Pub. L. 103-448, Sec. 205(d)(5), (7),
    added cl. (ix). Former cl. (ix) redesignated (xx).
      Pub. L. 103-448, Sec. 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, Sec. 205(d)(7),
    added cls. (x) to (xix).
      Subsec. (f)(1)(A)(xx). Pub. L. 103-448, Sec. 205(d)(6),
    redesignated cl. (ix) as (xx).
      Subsec. (f)(1)(B). Pub. L. 103-448, Sec. 205(d)(8), added subpar.
    (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).
      Subsec. (f)(1)(C) to (F). Pub. L. 103-448, Sec. 205(d)(3),
    redesignated subpars. (C) to (F) as cls. (iii) to (vi) of subpar.
    (A).
      Subsec. (f)(1)(G). Pub. L. 103-448, Sec. 205(d)(3), redesignated
    subpar. (G) as cl. (vii) of subpar. (A).
      Pub. L. 103-448, Sec. 205(a), substituted "education and
    training" for "information and education".
      Subsec. (f)(1)(H), (I). Pub. L. 103-448, Sec. 205(d)(3),
    redesignated subpars. (H) and (I) as cls. (viii) and (ix),
    respectively, of subpar. (A).
      Subsec. (f)(3). Pub. L. 103-448, Sec. 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 expenditures for overall administrative and
    supervisory purposes in connection with the program authorized
    under this section."
      Subsec. (h). Pub. L. 103-448, Sec. 205(f), substituted "nutrition
    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, Sec. 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, Sec. 205(h), added par. (3)
    and redesignated former par. (3) as (4).
      Subsec. (j)(1). Pub. L. 103-448, Sec. 205(a), substituted
    "education and training program" for "information and education
    program".
      1989 - Subsec. (d)(1)(B). Pub. L. 101-147, Sec. 124(1)(A)(i),
    amended subpar. (B) generally. Prior to amendment, subpar. (B) read
    as follows: "the food service management training of school food
    service personnel, and".
      Subsec. (d)(1)(C). Pub. L. 101-147, Sec. 124(1)(A)(ii),
    substituted "schools, child care institutions, and institutions
    offering summer food service programs under section 13 of the
    National School Lunch Act" for "schools and child care
    institutions".
      Subsec. (d)(2). Pub. L. 101-147, Secs. 124(1)(B), 327(1)(A),
    substituted "recommendations of State educational agencies, the
    Department of Health and Human Services, and other" for
    "recommendation of the National Advisory Council on Child
    Nutrition; State educational agencies; the Department of Health and
    Human Services; and other".
      Subsec. (d)(4). Pub. L. 101-147, Secs. 124(1)(C), 327(1)(B),
    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" and
    inserted ", in coordination with the activities authorized under
    section 21 of the National School Lunch Act".
      Subsec. (d)(5). Pub. L. 101-147, Sec. 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, Sec. 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 amended; 7 U.S.C. 321-
    326 and 328)" after "act of August 30, 1890".
      Pub. L. 101-147, Sec. 214, inserted at end "Each plan developed
    as required by this section shall be updated on an annual basis."
      Pub. L. 101-147, Sec. 124(2), in subpar. (C), struck out "the
    National Advisory Council on Child Nutrition," after
    "recommendations of".
      Subsec. (i)(2). Pub. L. 101-147, Sec. 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 September 30, 1989, there is hereby
    authorized to be appropriated for grants to each State for the
    conduct of nutrition 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 preceding 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 appropriations 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 payments, such amounts shall be increased
    on the same basis as they were reduced."
      Subsec. (j). Pub. L. 101-147, Sec. 124(4), added subsec. (j).
      1986 - Subsec. (d)(2), (3). Pub. L. 99-500 and Pub. L. 99-591,
    Sec. 372(b)(1), and Pub. L. 99-661, Sec. 4502(b)(1), amended pars.
    (2) and (3) identically, substituting "Health and Human Services"
    for "Health, Education, and Welfare" 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, Secs. 315,
    362, 372(b)(2), 373(b), and Pub. L. 99-661, Secs. 4105, 4402,
    4502(b)(2), 4503(b), amended section identically, redesignating
    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 Education" for "Office of Education of the
    Department of Health, Education, and Welfare" in par. (3).
      1981 - Subsec. (d)(6). Pub. L. 97-35, Sec. 817(f), struck out
    par. (6) relating to State prohibition on administration of program
    in nonprofit private schools and institutions.
      Subsec. (j)(2). Pub. L. 97-35, Sec. 806, substituted provisions
    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 beginning 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
    appropriations 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.

                     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                 
      Section 731(g) of Pub. L. 104-193 provided that: "The amendments
    made by subsection (e) [amending this section] shall become
    effective 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.

-End-

-CITE-
    42 USC Sec. 1789                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1789. Department of Defense overseas dependents' schools

-STATUTE-
    (a) Purpose of program; availability of payments and commodities
      For the purpose of obtaining Federal payments 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
    Agriculture 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 determinations and
      regulations
      The Secretary of Defense shall administer breakfast programs
    authorized by this section and shall determine eligibility for free
    and reduced-price breakfasts under the criteria published by the
    Secretary of Agriculture, except that the Secretary of Defense
    shall prescribe regulations governing computation of income
    eligibility standards for families of students participating in the
    school breakfast program under this section.
    (c) Nutritional standards for meals; noncompliance with standards
      The Secretary of Defense shall be required to offer meals meeting
    nutritional standards prescribed by the Secretary of Agriculture;
    however, the Secretary of Defense may authorize deviations from
    Department of Agriculture prescribed meal patterns and fluid milk
    requirements when local conditions preclude strict compliance or
    when such compliance is highly impracticable.
    (d) Authorization of appropriations
      Funds are hereby authorized to be appropriated for any fiscal
    year in such amounts as may be necessary for the administrative
    expenses 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 in the administration of the
    school breakfast programs authorized by this section.

-SOURCE-
    (Pub. L. 89-642, Sec. 20, as added Pub. L. 95-561, title XIV, Sec.
    1408(b)(2), Nov. 1, 1978, 92 Stat. 2368; amended Pub. L. 99-500,
    title III, Sec. 328(b), Oct. 18, 1986, 100 Stat. 1783-362, and Pub.
    L. 99-591, title III, Sec. 328(b), Oct. 30, 1986, 100 Stat. 3341-
    365; Pub. L. 99-661, div. D, title II, Sec. 4208(b), Nov. 14,
    1986, 100 Stat. 4073.)

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-
                                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 student
    eligible for a reduced-price breakfast" after "this section".

                              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 described 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.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer to Secretary of Education of functions of Secretary
    of Defense and Department of Defense relating to operation of
    overseas schools for dependents of Department of Defense and under
    Defense Dependents' Education Act of 1978, 42 U.S.C. 921 et seq.,
    see section 3442(a) of Title 20, Education.

-End-

-CITE-
    42 USC Sec. 1790                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1790. Breastfeeding promotion program

-STATUTE-
    (a) In general
      The Secretary, from amounts received under subsection (d) of this
    section, 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 subsection (a) of this
    section, the Secretary may - 
        (1) develop or assist others to develop appropriate educational
      materials, including public service announcements, promotional
      publications, and press kits for the purpose of promoting
      breastfeeding;
        (2) distribute or assist others to distribute such materials to
      appropriate public and private individuals and entities; and
        (3) provide funds to public and private individuals 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 cooperative agreements
    with Federal agencies, State and local governments, and other
    entities to carry out the program described in subsection (a) of
    this section.
    (d) Gifts, bequests, and devises
      (1) In general
        The Secretary is authorized to solicit, accept, use, and
      dispose of gifts, bequests, or devises of services or property,
      both real and personal, for the purpose of establishing and
      carrying out the program described in subsection (a) of this
      section. 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 determining whether
      to solicit and accept gifts, bequests, or devises under paragraph
      (1), including criteria that ensure that the acceptance 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 manner; or
          (B) compromise, or appear to compromise, the integrity of any
        governmental program or any officer or employee involved in the
        program.

-SOURCE-
    (Pub. L. 89-642, Sec. 21, as added Pub. L. 102-342, title II, Sec.
    201, Aug. 14, 1992, 106 Stat. 912.)

-End-

-CITE-
    42 USC Sec. 1791                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 13A - CHILD NUTRITION

-HEAD-
    Sec. 1791. Bill Emerson Good Samaritan Food Donation Act

-STATUTE-
    (a) Short title
      This section may be cited as the "Bill Emerson 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 quality and labeling standards imposed by
      Federal, State, and local laws and regulations even though the
      product may not be readily marketable 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 appearance, 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
      include giving by a nonprofit organization to another 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.
      (4) Food
        The term "food" means any raw, cooked, processed, or prepared
      edible substance, ice, beverage, or ingredient used or intended
      for use in whole or in part for human consumption.
      (5) Gleaner
        The term "gleaner" means a person who harvests for free
      distribution to the needy, or for donation to a nonprofit
      organization for ultimate distribution to the needy, an
      agricultural crop that has been donated by the owner.
      (6) Grocery product
        The term "grocery product" means a nonfood grocery product,
      including a disposable paper or plastic product, household
      cleaning product, laundry detergent, cleaning product, or
      miscellaneous household item.
      (7) Gross negligence
        The term "gross negligence" means voluntary and conscious
      conduct (including a failure to act) by a person who, at the time
      of the conduct, knew that the conduct was likely to be harmful to
      the health or well-being of another person.
      (8) Intentional misconduct
        The term "intentional misconduct" means conduct by a person
      with knowledge (at the time of the conduct) that the conduct is
      harmful to the health or well-being of another person.
      (9) Nonprofit organization
        The term "nonprofit organization" means an incorporated or
      unincorporated entity that - 
          (A) is operating for religious, charitable, or educational
        purposes; and
          (B) does not provide net earnings to, or operate in any other
        manner that inures to the benefit of, any officer, employee, or
        shareholder of the entity.
      (10) Person
        The term "person" means an individual, corporation,
      partnership, organization, association, or governmental entity,
      including a retail grocer, wholesaler, hotel, motel,
      manufacturer, restaurant, caterer, farmer, and nonprofit food
      distributor or hospital. In the case of a corporation,
      partnership, organization, association, or governmental entity,
      the term includes an officer, director, partner, deacon, trustee,
      council member, or other elected or appointed individual
      responsible for the governance of the entity.
    (c) Liability for damages from donated food and grocery products
      (1) Liability of person or gleaner
        A person or gleaner shall not be subject to civil or criminal
      liability arising from the nature, age, packaging, or condition
      of apparently wholesome food or an apparently fit grocery product
      that the person or gleaner donates in good faith to a nonprofit
      organization for ultimate distribution to needy individuals.
      (2) Liability of nonprofit organization
        A nonprofit organization shall not be subject to civil or
      criminal liability arising from the nature, age, packaging, or
      condition of apparently wholesome food or an apparently fit
      grocery product that the nonprofit organization received as a
      donation in good faith from a person or gleaner for ultimate
      distribution to needy individuals.
      (3) Exception
        Paragraphs (1) and (2) shall not apply to an injury to or death
      of an ultimate user or recipient of the food or grocery product
      that results from an act or omission of the person, gleaner, or
      nonprofit organization, as applicable, constituting gross
      negligence or intentional misconduct.
    (d) Collection or gleaning of donations
      A person who allows the collection or gleaning of donations on
    property owned or occupied by the person by gleaners, or paid or
    unpaid representatives of a nonprofit organization, for ultimate
    distribution to needy individuals shall not be subject to civil or
    criminal liability that arises due to the injury or death of the
    gleaner or representative, except that this paragraph shall not
    apply to an injury or death that results from an act or omission of
    the person constituting gross negligence or intentional misconduct.
    (e) Partial compliance
      If some or all of the donated food and grocery products do not
    meet all quality and labeling standards imposed by Federal, State,
    and local laws and regulations, the person or gleaner who donates
    the food and grocery products shall not be subject to civil or
    criminal liability in accordance with this section if the nonprofit
    organization that receives the donated food or grocery products - 
        (1) is informed by the donor of the distressed or defective
      condition of the donated food or grocery products;
        (2) agrees to recondition the donated food or grocery products
      to comply with all the quality and labeling standards prior to
      distribution; and
        (3) is knowledgeable of the standards to properly recondition
      the donated food or grocery product.
    (f) Construction
      This section shall not be construed to create any liability.
    Nothing in this section shall be construed to supercede State or
    local health regulations.

-SOURCE-
    (Pub. L. 89-642, Sec. 22, formerly Pub. L. 101-610, title IV, Sec.
    402, Nov. 16, 1990, 104 Stat. 3183; renumbered Sec. 22 and amended
    Pub. L. 104-210, Sec. 1(a)(2), (b), Oct. 1, 1996, 110 Stat. 3011,
    3012.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 12672 of this title
    prior to renumbering by Pub. L. 104-210.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-210, Sec. 1(a)(2)(A), substituted "Bill
    Emerson" for "Model" in section catchline.
      Subsec. (a). Pub. L. 104-210, Sec. 1(a)(2)(B), inserted "Bill
    Emerson" before "Good".
      Subsec. (b)(7). Pub. L. 104-210, Sec. 1(a)(2)(C), reenacted
    heading without change and amended text generally. Prior to
    amendment, text read as follows: "The term 'gross negligence' means
    voluntary and conscious conduct by a person with knowledge (at the
    time of the conduct) that the conduct is likely to be harmful to
    the health or well-being of another person."
      Subsec. (c). Pub. L. 104-210, Sec. 1(a)(2)(D), added subsec. (c)
    and struck out heading and text of former subsec. (c). Text read as
    follows: "A person or gleaner shall not be subject to civil or
    criminal liability arising from the nature, age, packaging, or
    condition of apparently wholesome food or an apparently fit grocery
    product that the person or gleaner donates in good faith to a
    nonprofit organization for ultimate distribution to needy
    individuals, except that this paragraph shall not apply to an
    injury to or death of an ultimate user or recipient of the food or
    grocery product that results from an act or omission of the donor
    constituting gross negligence or intentional misconduct."
      Subsec. (f). Pub. L. 104-210, Sec. 1(a)(2)(E), inserted at end
    "Nothing in this section shall be construed to supercede State or
    local health regulations."

-End-