1994 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 13 - SCHOOL LUNCH PROGRAMS
Sec. 1751 - Congressional declaration of policy

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§1751. Congressional declaration of policy

It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation's children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.

(June 4, 1946, ch. 281, §2, 60 Stat. 230; Nov. 10, 1989, Pub. L. 101–147, title III, §312(1), 103 Stat. 916.)

Amendments

1989—Pub. L. 101–147 substituted “school lunch” for “school-lunch”.

Effective Date of 1989 Amendment

Section 2 of Pub. L. 101–147 provided that: “Except as otherwise provided in this Act, the amendments made by this Act [see Short Title of 1989 Amendment note below] shall take effect on the date of the enactment of this Act [Nov. 10, 1989].”

Short Title of 1994 Amendment

Pub. L. 103–448, §1(a), Nov. 2, 1994, 108 Stat. 4699, provided that: “This Act [enacting sections 1766b and 1769f to 1769h of this title, amending sections 280c–6, 1396a, 1755, 1756, 1758, 1759a, 1760, 1761, 1762a, 1766, 1769, 1769a, 1769b–1, 1769c, 1773, 1776, 1779, 1786, and 1788 of this title, section 2018 of Title 7, Agriculture, section 1484a of Title 20, Education, and section 3803 of Title 31, Money and Finance, enacting provisions set out as notes under this section and sections 1755, 1758, 1760, 1761, 1762a, 1769f, and 1786 of this title, amending provisions set out as notes under section 1786 of this title and section 612c of Title 7, and repealing provisions set out as a note under section 1786 of this title] may be cited as the ‘Healthy Meals for Healthy Americans Act of 1994’.”

Short Title of 1992 Amendment

Pub. L. 102–342, §1, Aug. 14, 1992, 106 Stat. 911, provided that: “This Act [enacting section 1790 of this title, amending sections 1766, 1769, and 1786 of this title, enacting provisions set out as a note under section 1769 of this title, and amending provisions set out as a note under section 612c of Title 7, Agriculture] may be cited as the ‘Child Nutrition Amendments of 1992’.”

Short Title of 1989 Amendment

Section 1(a) of Pub. L. 101–147 provided that: “This Act [enacting sections 1766a, 1769b–1, 1769c, 1769d, and 1769e of this title, amending this section and sections 1753, 1755–1758, 1759a, 1760, 1761, 1762a, 1765, 1766, 1769–1769b, 1772, 1773, 1776, 1779, 1783, 1784, 1786, and 1788 of this title, repealing sections 1762 and 1763 of this title, enacting provisions set out as notes under this section and sections 1755, 1758, 1761, 1762a, 1766, 1766a, 1769, 1769c, 1773, 1776, and 1786 of this title, and amending provisions set out as a note under section 1766 of this title] may be cited as the ‘Child Nutrition and WIC Reauthorization Act of 1989’.”

Short Title of 1986 Amendments

Pub. L. 99–661, §4001(a), Nov. 14, 1986, 100 Stat. 4070, provided that: “This division [div. D (§§4001–4503) of Pub. L. 99–661, amending sections 1752, 1755, 1758, 1760, 1761, 1762a, 1766, 1769 to 1769b, 1772, 1773, 1776, 1784, 1786, 1788, and 1789 of this title, repealing sections 1767, 1768, and 1769c of this title, and enacting provisions set out as notes under sections 1758, 1760, 1766, 1772, 1773, and 1786 of this title and section 1431e of Title 7, Agriculture] may be cited as the ‘Child Nutrition Amendments of 1986’.”

Pub. L. 99–500, title III, §301(a), Oct. 18, 1986, 100 Stat. 1783–359, and Pub. L. 99–591, title III, §301(a), Oct. 30, 1986, 100 Stat. 3341–362, provided that: “This title [amending sections 1752, 1755, 1758, 1760, 1761, 1762a, 1766, 1769 to 1769b, 1772, 1773, 1776, 1784, 1786, 1788, and 1789 of this title and section 1929a of Title 7, Agriculture, repealing sections 1767, 1768, and 1769c of this title, and enacting provisions set out as notes under sections 1758, 1760, 1766, 1772, 1773, and 1786 of this title and sections 1431e and 1929a of Title 7] may be cited as the ‘School Lunch and Child Nutrition Amendments of 1986’.”

Short Title of 1978 Amendment

Pub. L. 95–627, §1, Nov. 10, 1978, 92 Stat. 3603, provided: “That this Act [enacting section 1769c of this title, amending sections 1755, 1757, 1758, 1759a to 1761, 1762a, 1766, 1769, 1772 to 1774, 1776, 1784, and 1786 of this title, and enacting provisions set out as notes under sections 1755, 1773 and 1786 of this title] may be cited as the ‘Child Nutrition Amendments of 1978’.”

Short Title of 1977 Amendment

Pub. L. 95–166, §1, Nov. 10, 1977, 91 Stat. 1325, provided: “That this Act [enacting sections 1769, 1769a, and 1788 of this title, amending sections 1754 to 1758, 1759a, 1760, 1761, 1762a, 1763, 1766, 1772 to 1774, 1776, 1779, 1784, and 1786 of this title, and enacting provisions set out as notes under sections 1755 and 1772 of this title] may be cited as the ‘National School Lunch Act and Child Nutrition Amendments of 1977’.”

Short Title of 1975 Amendment

Pub. L. 94–105, §1, Oct. 7, 1975, 89 Stat. 511, provided: “That this Act [enacting sections 1765, 1766, 1767, 1768, and 1787 of this title, amending sections 1752, 1755, 1756, 1758, 1759, 1759a, 1760, 1761, 1762a, 1772, 1773, 1774, 1784, and 1786 of this title, repealing section 1764 of this title, and enacting provisions set out as notes under sections 1758, 1760, 1761, and 1786 of this title] may be cited as the ‘National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975’.”

Short Title of 1974 Amendment

Pub. L. 93–326, §1, June 30, 1974, 88 Stat. 286, provided: “That this Act [enacting section 1762a of this title and amending sections 1752, 1755, 1758, 1763, 1774, and 1786 of this title] may be cited as the ‘National School Lunch and Child Nutrition Act Amendments of 1974’.”

Short Title of 1973 Amendment

Pub. L. 93–150, §1, Nov. 7, 1973, 87 Stat. 560, provided: “That this Act [amending sections 1753, 1755, 1757, 1758, 1759, 1759a, 1763, 1772, 1773, and 1786 of this title, and enacting provisions set out as notes under this section and section 240 of Title 20, Education] may be cited as the ‘National School Lunch and Child Nutrition Act Amendments of 1973’.”

Short Title

Section 1 of act June 4, 1946, provided: “That this Act [enacting this chapter] may be cited as the ‘National School Lunch Act’.”

Supplemental Nutrition Programs; Congressional Statement of Findings

Pub. L. 103–448, §2, Nov. 2, 1994, 108 Stat. 4700, provided that: “Congress finds that—

“(1) undernutrition can permanently retard physical growth, brain development, and cognitive functioning of children;

“(2) the longer a child's nutritional, emotional, and educational needs go unmet, the greater the likelihood of cognitive impairment;

“(3) low-income children who attend school hungry score significantly lower on standardized tests than non-hungry low-income children; and

“(4) supplemental nutrition programs under the National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) can help to offset threats posed to a child's capacity to learn and perform in school that result from inadequate nutrient intake.”

Study of Adulteration of Juice Products Sold to School Meal Programs

Pub. L. 103–448, title I, §125, Nov. 2, 1994, 108 Stat. 4734, provided that:

“(a) In General.—The Comptroller General of the United States shall conduct a study of the costs and problems associated with the sale of adulterated fruit juice and juice products to the school lunch program under the National School Lunch Act (42 U.S.C. 1751 et seq.) and school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), including a study of—

“(1) the nature and extent to which juice products have been and are currently being adulterated;

“(2) the adequacy of current requirements and standards to preclude manufacturers from processing adulterated products for school meal programs;

“(3) the availability and effectiveness of various detection methods and testing procedures used to identify adulterated juice products;

“(4) the adequacy of existing enforcement mechanisms and efforts to detect and prosecute manufacturers of adulterated juice products;

“(5) the economic effect of the sale of adulterated juice products on the school meal program and on manufacturers of the products; and

“(6) the effect alternative mandatory inspection methods would have on program costs and various purchasing options.

“(b) Report.—Not later than 1 year after the date of enactment of this Act [Nov. 2, 1994], the Comptroller General shall submit a report on the study conducted under subsection (a) (including any related recommendations) to the Committee on Education and Labor [now Committee on Economic and Educational Opportunities], and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.”

Consolidation of School Lunch Program and School Breakfast Program Into Comprehensive Meal Program

Pub. L. 103–448, title III, §301, Nov. 2, 1994, 108 Stat. 4749, provided that:

“(a) In General.—Notwithstanding any provision of [the] National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except as otherwise provided in this section, the Secretary of Agriculture shall, not later than 18 months after the date of enactment of this Act [Nov. 2, 1994], develop and implement regulations to consolidate the school lunch program under the National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) into a comprehensive meal program.

“(b) Requirements.—In establishing the comprehensive meal program under subsection (a), the Secretary shall meet the following requirements:

“(1) The Secretary shall ensure that the program continues to serve children who are eligible for free and reduced price meals. The meals shall meet the nutritional requirements of section 9(a)(1) of the National School Lunch Act (42 U.S.C. 1758(a)(1)) and section 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).

“(2) The Secretary shall continue to make breakfast assistance payments in accordance with section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) and food assistance payments in accordance with the National School Lunch Act (42 U.S.C. 1751 et seq.).

“(3) The Secretary may not consolidate any aspect of the school lunch program or the school breakfast program with respect to any matter described in any of subparagraphs (A) through (N) of section 12(l)(4) of the National School Lunch Act (42 U.S.C. 1760(l)(4)).

“(c) Plan and Recommendations.—

“(1) Plan for consolidation and simplification.—Not later than 180 days prior to implementing the regulations described in subsection (a), the Secretary shall prepare and submit to the Committee on Education and Labor [now Committee on Economic and Educational Opportunities] of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a plan for the consolidation and simplification of the school lunch program and the school breakfast program.

“(2) Recommendations with respect to change in payment amounts.—If the Secretary proposes to change the amount of the breakfast assistance payment or the food assistance payment under the comprehensive meal program, the Secretary shall not include the change in the consolidation and shall prepare and submit to the Committee on Education and Labor [now Committee on Economic and Educational Opportunities], and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate recommendations for legislation to effect the change.”

Study and Report Relating to Use of Private Food Establishments and Caterers Under School Lunch Program and School Breakfast Program

Pub. L. 103–448, title III, §302, Nov. 2, 1994, 108 Stat. 4750, provided that:

“(a) Study.—The Comptroller General of the United States, in conjunction with the Director of the Office of Technology Assessment, shall conduct a study on the use of private food establishments and caterers by schools that participate in the school lunch program under the National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). In conducting the study, the Comptroller General of the United States shall—

“(1) examine the extent to which, manner in which, and terms under which the private food establishments and caterers supply meals and food to students and schools that participate in the school lunch program or the school breakfast program;

“(2) determine the nutritional profile of all foods provided to students during school hours;

“(3) evaluate the impact that the services provided by the establishments and caterers have on local child nutrition programs and the ability of the establishments and caterers to utilize the commodities under section 14 of the National School Lunch Act (42 U.S.C. 1762a); and

“(4) examine the impact that private food establishments and caterers have on—

“(A) student participation in the national school lunch program;

“(B) school food service employment;

“(C) generation of revenues through school lunch sales and a la carte sales of food in schools; and

“(D) the number of students leaving schools during lunch periods.

“(b) Report.—Not later than September 1, 1996, the Comptroller General of the United States shall submit to the Committee on Education and Labor [now Committee on Economic and Educational Opportunities], and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains the findings, determinations, and evaluations of the study conducted pursuant to subsection (a).”

School Lunch Studies

Pub. L. 101–624, title XVII, §1779, Nov. 28, 1990, 104 Stat. 3816, directed Secretary of Agriculture to determine the quantity of bonus commodities lost, by State, since the 1987–88 school year, the amount that school food service authorities charged students for non-free or reduced price meals, and the trends in school participation and student participation, by State and for the United States, and directed Secretary also to determine the cost to produce school lunches and breakfasts, including indirect and local administrative costs, the reasons why schools choose not to participate in the National school lunch program, the State costs incurred to administer the school programs, and the reasons why children eligible for free or reduced price meals do not apply for benefits or participate, with Secretary to submit to Congress a final report on results of the studies not later than Oct. 1, 1993.

Comprehensive Study of Benefits of Programs; Report to Congress

Pub. L. 93–150, §10, Nov. 7, 1973, 87 Stat. 564, directed Secretary of Agriculture to carry out a comprehensive study to determine if the benefits of the National School Lunch Act and the Child Nutrition Act are accruing to the maximum extent possible to all of the nation's school children, and to determine if regional cost differentials exist in Alaska and other States so as to require additional reimbursement, such report with recommendations to be submitted to Congress no later than June 30, 1974.

Section Referred to in Other Sections

This section is referred to in section 1755 of this title.