42 U.S.C. § 1789: Department of Defense…

Summary

Provides the Department of Defense the same federal money and food for school breakfasts for its dependent schools located outside the United States, its territories, or possessions as public schools get inside the United States. The Secretary of Agriculture must supply those payments and commodities from funds set aside for that purpose. The Secretary of Defense must run the breakfast program. The Secretary of Defense will decide who gets free or reduced-price meals using the eligibility rules published by the Secretary of Agriculture, but the Secretary of Defense will set the rules for how to compute family income for eligibility. Meals must meet the nutrition standards set by the Secretary of Agriculture, though the Secretary of Defense may allow changes to meal patterns and milk rules when local conditions make strict compliance impractical. Money may be appropriated each fiscal year as needed for the Department of Defense’s administrative costs. The Secretary of Agriculture must give technical help to the Secretary of Defense to run the program.

Title 42, §1789

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

(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.

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments

1986—Subsec. (d). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 amended subsec. (d) identically, striking out “and for payment of the difference between the value of commodities and payments received from the Secretary of Agriculture and (1) the full cost of each breakfast for each student eligible for a free breakfast, and (2) the full cost of each breakfast, less any amounts required by law or regulation to be paid by each student eligible for a reduced-price breakfast” after “this section”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1978, and no provisions to be construed to impair or to prevent the taking of effect of any other Act providing for the transfer of the 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.

§1789 Department of Defense Overseas Dependents’ Schools