§ 1784. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Child Nutrition Act of 1966

   Pub. L. 89–642 § 15 · 80 Stat. 885

   Enacted · 42 U.S.C. § 1784

   Pub. L. 89–642, § 15, Oct. 11, 1966, 80 Stat. 889

   Source evidence

   Code source credit
   Pub. L. 89–642, § 15, Oct. 11, 1966, 80 Stat. 889

   Enacted provision · exact public law section
   Sec. 15. miscellaneous provisions and definitions For the purposes of this Act— (a) “State” means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa. (b) “State educational agency” means, as the State legislature may determine, (1) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (2) a board of education controlling the State department of education. (c) “Nonprofit private school” means any private school exempt from income tax under section 501 (c) (3) of the Internal Revenue Code 68A Stat. 163. of 1954. (d) “School” means any public or nonprofit private school of high school grade or under, including kindergarten and preschool programs operated by such school and, with respect to Puerto Rico, shall also include nonprofit child-care centers certified as such by the Governor of Puerto Rico. (e) “Secretary” means the Secretary of Agriculture.

2. 1975

   National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975

   Pub. L. 94–105 § 15(c) · 89 Stat. 511

   Changed · 42 U.S.C. § 1784(a)

   Pub. L. 94–105, § 15(c), included Trust Territory of Pacific Islands in definition of “State”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–105, § 15(c), included Trust Territory of Pacific Islands in definition of “State”.

   Enacted provision · exact public law section
   (c) Section 15(a) of the Child Nutrition Act of 1966 is amended by striking out “or American Samoa” and inserting in lieu thereof “American Samoa, or the Trust Territory of the Pacific Islands”.

3. 1975

   National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975

   Pub. L. 94–105 § 17(b) · 89 Stat. 511

   1. Struck · 42 U.S.C. § 1784(c)(e)

      Pub. L. 94–105, § 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

   2. Redesignated · 42 U.S.C. § 1784(c)(e)

      Pub. L. 94–105, § 17(b), redesignated subsecs. (d) and (e) as (c) and (d) respectively, and in subsec. (c) as so redesignated

   3. Inserted · 42 U.S.C. § 1784(c)(e)

      Pub. L. 94–105, § 17(b), 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

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 94–105, § 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.

   Enacted provision · exact public law section
   (b) Section 15 of the Child Nutrition Act of 1966 is amended by 42 USC 1784. striking out paragraph (c), by redesignating paragraphs (d) and (e) as (c) and (d), respectively, and by amending paragraph (c) (as redesignated by this subsection) to read as follows: “(c) ‘School’ means (A) any public or nonprofit private school of “School.” high school grade or under, including kindergarten and preschool programs operated by such school, (B) any public or licensed non-profit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded), 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.” ‘nonprofit’, when applied to any such private school or institution, means any such school or institution which is exempt from tax under sect ion 501(c) (3) of the Internal Revenue Code of 1954.”. 26 USC 501.

4. 1977

   National School Lunch Act and Child Nutrition Amendments of 1977

   Pub. L. 95–166 § 20(5) · 91 Stat. 1325

   Added · 42 U.S.C. § 1784(e)

   Pub. L. 95–166 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 95–166 added subsec. (e).

   Enacted provision · exact public law section
   (5) inserting at the end of section 15 of the Act the following new paragraph (e): “(e) ‘School year’ means the annual period determined in accordance with regulations issued by the Secretary.”; and

5. 1978

   Health Services and Centers Amendments of 1978

   Pub. L. 95–627 § 10(c) · 92 Stat. 3603

   Substituted · 42 U.S.C. § 1784(e)

   Pub. L. 95–627, § 10(c), substituted “from July 1 through June 30” for “determined in accordance with regulations issued by the Secretary”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 95–627, § 10(c), substituted “from July 1 through June 30” for “determined in accordance with regulations issued by the Secretary”.

   Enacted provision · exact public law section
   (c) 42 USC 1784. Section 15(e) of the Child Nutrition Act of 1966 is amended to read as follows: “(e) ‘School year’ means the annual period from July 1 through June 30.”.

6. 1978

   Health Services and Centers Amendments of 1978

   Pub. L. 95–627 § 10(d)(3) · 92 Stat. 3603

   Added · 42 U.S.C. § 1784(f)

   Pub. L. 95–627, § 10(d)(3), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 95–627, § 10(d)(3), added subsec. (f).

   Enacted provision · exact public law section
   (3) “child” or “children.”42 USC 1784.Ante, p. 3611. Section 15 of the Child Nutrition Act of 1966 is amended by adding at the end thereof a new subsection as follows: “(f) Except as used in section 17 of this Act, the terms ‘child’ and ‘children’ as used in this Act, 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 be mentally or physically handicapped 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 mentally or physically handicapped.”.

7. 1980

   Pub. L. 96–499 title II § 212 · 94 Stat. 2599

   Inserted · 42 U.S.C. § 1784(c)

   Pub. L. 96–499 inserted “, but excluding Job Corps Centers funded by the Department of Labor” after “mentally retarded”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–499 inserted “, but excluding Job Corps Centers funded by the Department of Labor” after “mentally retarded”.

   Enacted provision · exact public law section
   Sec. 212. miscellaneous provisions and definitions, child nutrition act of 1966 Section 15(c) of the Child Nutrition Act of 1966 is amended 42 USC 1784. by inserting “, but excluding Job Corps Centers funded by the Department of Labor” after “retarded”.

8. 1981

   Pub. L. 97–35 title VIII § 808(b) · 95 Stat. 357

   Inserted · 42 U.S.C. § 1784(c)

   Pub. L. 97–35 inserted exception for private schools whose average yearly tuition exceeds $1,500

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–35 inserted exception for private schools whose average yearly tuition exceeds $1,500.

   Enacted provision · exact public law section
   (b) Section 15(c) of the Child Nutrition Act of 1966 is amended by 42 USC 1784. inserting in the first sentence “except private schools whose average yearly tuition exceeds $1,500 per child,” after “such school,”.

9. 1986

   Pub. L. 99–500 title III § 325(b) · 100 Stat. 1783-361

   Struck · 42 U.S.C. § 1784(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, § 4205(b)(2). See below

   Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   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, § 4205(b)(2). See below.

10. 1986

    Child Nutrition Amendments of 1986

    Pub. L. 99–661 § 4205(b)(2) · 100 Stat. 3816

    Inserted · 42 U.S.C. § 1784(c)

    Pub. L. 99–661, § 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.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–661, § 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.”

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new sentence: “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.”.

11. 1986

    Child Nutrition Amendments of 1986

    Pub. L. 99–661 § 4205(b)(1) · 100 Stat. 3816

    Substituted · 42 U.S.C. § 1784(c)(A)

    Pub. L. 99–661, § 4205(b)(1), substituted “$2,000” for “$1,500”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–661, § 4205(b)(1), substituted “$2,000” for “$1,500”.

    Enacted provision · exact public law section
    (1) in clause (A) of the first sentence, by striking out “$1,500” and inserting in lieu thereof “$2,000”; and

12. 1987

    Pub. L. 100–71 title I § 101(b) · 101 Stat. 391

    Amended · 42 U.S.C. § 1784(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.”

    Source evidence

    Code amendment note
    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.”

13. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 title III § 325 · 103 Stat. 877

    Redesignated · 42 U.S.C. § 1784

    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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SEC. 325. MISCELLANEOUS PROVISIONS AND DEFINITIONS. Section 15 of the Child Nutrition Act of 1966 (42 U.S.C. 1784) is amended— (1) in subsection (b), by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by redesignating subsections (a) through (f) as paragraphs (1) through (6), respectively; (3) in paragraph (3) (as redesignated by paragraph (2) of this section), by striking “Internal Revenue Code of 1954” and inserting “Internal Revenue Code of 1986”; and (4) in paragraph (6) (as redesignated by paragraph (2) of this section)— (A) by striking “to be mentally or physically handicapped” Handicapped persons. and inserting “to have 1 or more mental or physical handicaps”; and (B) by striking “for mentally or physically handicapped” and inserting “for individuals with mental or physical handicaps”.

14. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 727(1) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1784(1)

    Pub. L. 104–193, § 727(1), substituted “the Commonwealth of the Northern Mariana Islands” for “Trust Territory of the Pacific Islands”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 104–193, § 727(1), substituted “the Commonwealth of the Northern Mariana Islands” for “Trust Territory of the Pacific Islands”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “the Trust Territory of the Pacific Islands” and inserting “the Commonwealth of the Northern Mariana Islands”; and

15. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 727(2) · 110 Stat. 2105

    1. Inserted · 42 U.S.C. § 1784(3)

       Pub. L. 104–193, § 727(2), inserted “and” before “(B)”

    2. Struck · 42 U.S.C. § 1784(3)

       Pub. L. 104–193, § 727(2), 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)”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 104–193, § 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)”.

    Enacted provision · exact public law section
    (2) in the first sentence of paragraph (3)— (A) in subparagraph (A), by inserting “and” at the end; and (B) by striking “, and (C)” and all that follows through “Governor of Puerto Rico”.

16. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 107(j)(3)(D)(i) · 112 Stat. 3143

    Substituted · 42 U.S.C. § 1784(6)

    Pub. L. 105–336, § 107(j)(3)(D)(i), substituted “disabilities” for “mental or physical handicaps” in two places

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 105–336, § 107(j)(3)(D)(i), substituted “disabilities” for “mental or physical handicaps” in two places.

    Enacted provision · exact public law section
    (i) in paragraph (6), by striking “mental or physical handicaps” each place it appears and inserting “disabilities”; and

    Effective date note
    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.

17. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 107(j)(3)(D)(ii) · 112 Stat. 3143

    Added · 42 U.S.C. § 1784(7)

    Pub. L. 105–336, § 107(j)(3)(D)(ii), added par. (7)

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 105–336, § 107(j)(3)(D)(ii), added par. (7).

    Enacted provision · exact public law section
    (ii) by adding at the end the following: “(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.).”.

    Effective date note
    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.

18 of 20 references resolved to an enrolled provision · 1 partial · 1 unresolved