Title 42The Public Health and WelfareRelease 119-73not60

§1769i Program Evaluation

Title 42 › Chapter 13— SCHOOL LUNCH PROGRAMS › § 1769i

Last updated Apr 5, 2026|Official source

Summary

Allows the Secretary, through the Food and Nutrition Service, to run yearly national reviews of federal school meal programs to check how much meals cost to make, the nutrition in the meals, and how menus are planned. Congress authorized up to $5,000,000 for fiscal year 2004 and each year after to pay for these reviews. Requires the Secretary to study ways to make the school lunch eligibility and certification process better, and to run pilot projects if money is available. The study must look at other income-reporting systems, a single agency doing eligibility, using state or local income or participation data, and other options. The Secretary can waive certain program rules to run the work, but the protections in section 1758(b)(6) still apply. States, school agencies, schools, institutions, and contractors must cooperate with officials doing these evaluations and studies.

Full Legal Text

Title 42, §1769i

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Subject to the availability of funds made available under paragraph (3), the Secretary, acting through the Administrator of the Food and Nutrition Service, may conduct annual national performance assessments of the meal programs under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(2)In conducting an assessment, the Secretary may assess—
(A)the cost of producing meals and meal supplements under the programs described in paragraph (1); and
(B)the nutrient profile of meals, and status of menu planning practices, under the programs.
(3)There is authorized to be appropriated to carry out this subsection $5,000,000 for fiscal year 2004 and each subsequent fiscal year.
(b)(1)Subject to the availability of funds made available under paragraph (5), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall conduct a study of the feasibility of improving the certification process used for the school lunch program established under this chapter.
(2)In carrying out this subsection, the Secretary may conduct pilot projects to improve the certification process used for the school lunch program.
(3)In carrying out this subsection, the Secretary shall examine the use of—
(A)other income reporting systems;
(B)an integrated benefit eligibility determination process managed by a single agency;
(C)income or program participation data gathered by State or local agencies; and
(D)other options determined by the Secretary.
(4)(A)Subject to subparagraph (B), the Secretary may waive such provisions of this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) as are necessary to carry out this subsection.
(B)The protections of section 1758(b)(6) of this title shall apply to any study or pilot project carried out under this subsection.
(5)There is authorized to be appropriated to carry out this subsection such sums as are necessary.
(c)States, State educational agencies, local educational agencies, schools, institutions, facilities, and contractors participating in programs authorized under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall cooperate with officials and contractors acting on behalf of the Secretary, in the conduct of evaluations and studies under those Acts.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Child Nutrition Act of 1966, referred to in subsecs. (a)(1), (b)(4)(A), and (c), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1771 of this title and Tables. Those Acts, referred to in subsec. (c), mean the Richard B. Russell National School Lunch Act, which was in the original “this Act” and was translated to read “this chapter”, and the Child Nutrition Act of 1966. See above.

Amendments

2010—Subsec. (c). Pub. L. 111–296 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1769i

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60