§ 1785. Accounts and records; availability for inspection; authority to settle, adjust, or waive claims

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 § 16 · 80 Stat. 885

   Enacted · 42 U.S.C. § 1785

   Pub. L. 89–642, § 16, Oct. 11, 1966, 80 Stat. 890

   Source evidence

   Code source credit
   Pub. L. 89–642, § 16, Oct. 11, 1966, 80 Stat. 890

   Enacted provision · exact public law section
   Sec. 16. accounts and records States, State educational agencies, schools, and nonprofit institutions participating in programs under this Act shall keep such accounts and records as may be necessary to enable the Secretary to determine whether there has been compliance with this Act and the regulations hereunder. Such accounts and records shall at all times be available for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of three years, as the Secretary determines is necessary.

2. 1981

   Pub. L. 97–35 title VIII § 816 · 95 Stat. 357

   1. Amended · 42 U.S.C. § 1785

      Pub. L. 97–35 designated existing provisions as subsec. (a)

   2. Added · 42 U.S.C. § 1785

      Pub. L. 97–35 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 97–35 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   Sec. 816. claims adjustment authority Section 16 of the Child Nutrition Act of 1966 is amended— 42 USC 1785. (1) by inserting “(a)” after “Sec. 16.”; and (2) by adding at the end thereof the following new subsection: “(b) With regard to any claim arising under this Act or under the National School Lunch Act, the Secretary shall have the authority to 42 USC 1751 note. determine the amount of, to settle and to adjust any such claim, and to compromise or deny such claim or any part thereof. The Secretary shall also have the authority to waive such claims if the Secretary determines that to do so would serve the purposes of either such Act. Nothing contained in this subsection shall be construed to diminish the authority of the Attorney General of the United States under section 516 of title 28, United States Code, to conduct litigation on behalf of the United States.”.

   Effective date note
   Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 820(a)(7)(C), of Pub. L. 97–35, set out as a note under section 1753 of this title.

3. 1996

   Personal Responsibility and Work Opportunity Reconciliation Act of 1996

   Pub. L. 104–193 title VII § 728 · 110 Stat. 2105

   Substituted · 42 U.S.C. § 1785(a)

   Pub. L. 104–193 substituted “be available at any reasonable time” for “at all times be available”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–193 substituted “be available at any reasonable time” for “at all times be available”.

   Enacted provision · exact public law section
   SEC. 728. ACCOUNTS AND RECORDS. The second sentence of section 16(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1785(a)) is amended by striking “at all times be available” and inserting “be available at any reasonable time”.

4. 1999

   Pub. L. 106–78 title VII § 752(b)(16) · 113 Stat. 1135

   Substituted · 42 U.S.C. § 1785(b)

   Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act” in two places

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act” in two places.

   Enacted provision · exact public law section
   (16) Sections 3, 4, 7, 10, 13, 16(b), 17, and 19(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1772, 1773, 1776, 1779, 1782, 1785(b), 1786, 1788(d)).

5 of 5 references resolved to an enrolled provision