WHAT THE LAW DOINCongress, in plain words

The law › Title 42, The Public Health and Welfare › Chapter 13A

42 U.S.C. 1773: School breakfast program

Created in 1966 by Public Law 89-642. Changed by 19 later laws. 2 bills in this Congress would change it.

24 other sections of the Code cite this one, including 7 U.S.C. 2036a, 7 U.S.C. 7633, 8 U.S.C. 1615, 42 U.S.C. 1396a, 42 U.S.C. 1753.

2 parts of federal rules cite it as their authority, written by Food and Nutrition Administration, Department of Agriculture (2).

This Congress

  • H.R. 9877 Health Equity and Accountability Act of 2026 · introduced · would change (a), (b), (e), (f)
  • H.R. 10421 Transforming Education for the Future Act · introduced · would change (a), (b), (e), (f)

How it got here

2004

  • Pub. L. 108–265, §108(c), substituted "local educational agency" for "school food authority" wherever appearing. (Child Nutrition and WIC Reauthorization Act of 2004) Law text · (b)
  • Pub. L. 108–265, §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… (Child Nutrition and WIC Reauthorization Act of 2004) Law text · (d)

1999

  • 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. (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000) Law text · (b), (e)

1998

  • Pub. L. 105–336, §201, struck out "and to carry out the provisions of subsection (g) of this section" before period at end of first sentence. (William F. Goodling Child Nutrition Reauthorization Act of 1998) Law text · (a)
  • Pub. L. 105–336, §103(b)(2)(A), struck out "adjusted to the nearest one-fourth cent," after "payment for each free breakfast," in second sentence. (William F. Goodling Child Nutrition Reauthorization Act of 1998) Law text · (b)
  • Pub. L. 105–336, §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 C… (William F. Goodling Child Nutrition Reauthorization Act of 1998) Law text · (b)

1996

  • Pub. L. 104–193, §722, added subpar. (E). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (b)
  • Pub. L. 104–193, §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." (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (e)
  • Pub. L. 104–193, §723(b)(1), struck out subsec. (f) relating to expansion of program and subsec. (g) relating to startup and expansion costs. (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (f), (g)

1994

  • Pub. L. 103–448, §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). · (e)
  • Pub. L. 103–448, §201(c), designated existing provisions as subpar. (A) and added subpars. (B) and (C). · (f)
  • Pub. L. 103–448, §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 agenci… · (g)

1989

  • Pub. L. 101–147, §121(1), inserted before period at end of first sentence "and to carry out the provisions of subsection (g) of this section". · (a)
  • Pub. L. 101–147, §322(1), substituted "reduced price" for "reduced-price" wherever appearing. · (b)
  • Pub. L. 101–147, §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). · (b)
  • Pub. L. 101–147, §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. · (b)
  • Pub. L. 101–147, §212(a)(1), (2)(A), amended subsec. (b)(3) to (5), as amended identically by Pub. L. 99–591, §330(a), and Pub. L. 99–661, §4210(a), and as further amended by Pub. L. 100–435, §210, to read as if only the amendment by Pub. L. 99–661 was enacted, and further am… · (b)
  • Pub. L. 101–147, §322(1), substituted "reduced price" for "reduced-price". · (d)
  • Pub. L. 101–147, §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 cooperatin… · (f)
  • Pub. L. 101–147, §121(3), added subsec. (g). · (g)

1988

  • Pub. L. 100–435 substituted "6" for "3". · (b)

1986

  • Pub. L. 99–500 and Pub. L. 99–591, §372(b)(1), and Pub. L. 99–661, §4502(b)(1), amended subsec. (a) identically, substituting "Health and Human Services" for "Health, Education, and Welfare". · (a)
  • Pub. L. 99–500 and Pub. L. 99–591, §330(a), and Pub. L. 99–661, §4210(a), amended subsec. (b) identically, adding pars. (3) to (5). · (b)
  • Pub. L. 99–500 and Pub. L. 99–591, §331, and Pub. L. 99–661, §4211, amended subsec. (e) identically, designating existing provisions as par. (1) and adding par. (2). · (e)

1981

  • Pub. L. 97–35, §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 endi… · (b)
  • Pub. L. 97–35, §819(b), struck out "financing the costs of" after "such schools in". · (c)
  • Pub. L. 97–35, §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. · (d)
  • Pub. L. 97–35, §817(d), redesignated former subsec. (g) as (f). Former subsec. (f), which related to nonprofit private schools, was struck out. · (f)
  • Pub. L. 97–35, §817(d), redesignated former subsec. (g) as (f). · (g)

1978

  • Pub. L. 95–561 inserted provision relating to applicability to programs of the Department of Defense. · (a)
  • Pub. L. 95–627 specified which schools could be considered to be in severe need. · (d)

1977

  • Pub. L. 95–166, §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). · (b)
  • Pub. L. 95–166, §12(3), added par. (2). · (b)
  • Pub. L. 95–166, §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 su… · (d)

1975

  • Pub. L. 94–105, §2, struck out "for the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975," after "such sums as are necessary". · (a)
  • Pub. L. 94–105, §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. · (b)
  • Pub. L. 94–105, §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". · (f)
  • Pub. L. 94–105, §3, added subsec. (g). · (g)

1973

  • Pub. L. 93–150, §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… · (b)
  • Pub. L. 93–150, §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 … · (c)

1972

  • Pub. L. 92–433, §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… · (a)
  • Pub. L. 92–433, §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. · (b)
  • Pub. L. 92–433, §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. · (c)
  • Pub. L. 92–433, §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,… · (e)
  • Pub. L. 92–433, §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 priva… · (f)

1971

  • Pub. L. 92–32, §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. · (a)
  • Pub. L. 92–32, §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. · (c)
  • Pub. L. 92–32, §4, increased financial assistance from "80" to "100" per centum. · (d)
  • Pub. L. 92–32, §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 … · (e)

1970

  • Pub. L. 91–248, §10, substituted "$25,000,000" for "$12,000,000". · (a)
  • Pub. L. 91–248, §6(d), provided that there be no overt identification of those children who receive free and reduced price meals. · (e)

1968

  • 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 conducte… · (a)

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.