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Title 42 — The Public Health and Welfare

Chapter 13 — School Lunch Programs

§ 1752. Authorization of appropriations; “Secretary” defined

Statutory text

For each fiscal year, there is authorized to be appropriated, out of money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as “the Secretary”) to carry out the provisions of this chapter, other than sections 1761 and 1766 of this title. Appropriations to carry out the provisions of this chapter and of the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] for any fiscal year are authorized to be made a year in advance of the beginning of the fiscal year in which the funds will become available for disbursement to the States. Notwithstanding any other provision of law, any funds appropriated to carry out the provisions of this chapter and the Child Nutrition Act of 1966 shall remain available for the purposes of the Act for which appropriated until expended.

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. National School Lunch Act

    Pub. L. 79–281 § 3 · 60 Stat. 230

    Enacted · 42 U.S.C. § 1752

    June 4, 1946, ch. 281, § 3, 60 Stat. 230

    Source evidence

    Code source credit
    June 4, 1946, ch. 281, § 3, 60 Stat. 230

    Enacted provision · exact public law section
    Sec. 3. appropriations authorized For each fiscal year, beginning with the fiscal year ending June 30, 1947, there is hereby authorized to be appropriated, out of money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as “the Secretary”) to carry out the provisions of this Act.

  2. Pub. L. 87–823 § 1 · 76 Stat. 944

    Struck and inserted · 42 U.S.C. § 1752

    Pub. L. 87–823 struck out “, beginning with the fiscal year ending June 30, 1947,” after “fiscal year” and inserted “, other than section 1759a of this title.”

    Source evidence

    Code amendment note
    Pub. L. 87–823 struck out “, beginning with the fiscal year ending June 30, 1947,” after “fiscal year” and inserted “, other than section 1759a of this title.”

  3. Pub. L. 90–302 § 1 · 82 Stat. 117

    Inserted · 42 U.S.C. § 1752

    Pub. L. 90–302 inserted section 1761 to enumeration of sections excepted from application of this section

    Source evidence

    Code amendment note
    Pub. L. 90–302 inserted section 1761 to enumeration of sections excepted from application of this section.

  4. Pub. L. 91–248 § 1(a) · 84 Stat. 207

    Changed · 42 U.S.C. § 1752

    Pub. L. 91–248 provided that appropriations for child food service programs may be made a year in advance of the beginning of the fiscal year in which the funds become available and that funds appropriated for such programs remain available until expended

    Source evidence

    Code amendment note
    Pub. L. 91–248 provided that appropriations for child food service programs may be made a year in advance of the beginning of the fiscal year in which the funds become available and that funds appropriated for such programs remain available until expended.

    Enacted provision · exact public law section
    (a) Section 3 of the National School Lunch Act is amended by inserting at the end thereof the following: “Appropriations to carry out the provisions of this Act and of the Child Nutrition 80 Stat. 885. 42 USC 1771 note. Act of 1966 for any fiscal year are authorized to be made a year in advance of the beginning of the fiscal year in which the funds will become available for disbursement to the States. Notwithstanding any other provision of law, any funds appropriated to carry out the provisions of such Acts shall remain available for the purposes of the Act for which appropriated until expended.”

  5. Pub. L. 93–326 § 7 · 88 Stat. 286

    Substituted · 42 U.S.C. § 1752

    Pub. L. 93–326 substituted “other than section 1761 of this title” for “other than sections 1759a and 1761 of this title”

    Source evidence

    Code amendment note
    Pub. L. 93–326 substituted “other than section 1761 of this title” for “other than sections 1759a and 1761 of this title”.

    Enacted provision · exact public law section
    Sec. 7. The first sentence of section 3 of the National School Lunch Act is amended by striking out “sections 11 and 13” and inserting in 42 USC 1752. lieu thereof “section 13”.

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

    Pub. L. 94–105 § 24 · 89 Stat. 511

    Substituted · 42 U.S.C. § 1752

    Pub. L. 94–105 substituted “sections 1761, 1766 and 1768” for “section 1761”

    Source evidence

    Code amendment note
    Pub. L. 94–105 substituted “sections 1761, 1766 and 1768” for “section 1761”.

    Enacted provision · exact public law section
    Sec. 24. technical amendment Section 3 of the National School Lunch Act is amended by 42 USC 1752. striking out “section 13” and inserting in lieu thereof “sections 13, 17 and 19”.

  7. Pub. L. 99–500 title III § 371(a)(2) · 100 Stat. 1783-368

    Substituted · 42 U.S.C. § 1752

    Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, which identically directed amendment of section by substituting “sections 1761 and 1766” for “sections 1761, 1766, and 1768” were executed making the substitution for “sections 1761, 1766 and 1768” as the probable intent of Congress

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

    Source evidence

    Code amendment note
    Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, which identically directed amendment of section by substituting “sections 1761 and 1766” for “sections 1761, 1766, and 1768” were executed making the substitution for “sections 1761, 1766 and 1768” as the probable intent of Congress.

4 of 7 references resolved to an enrolled provision · 2 partial · 1 unresolved

Editorial Notes

References in Text

The Child Nutrition Act of 1966, referred to in text, is Pub. L. 89–642, , 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.

Codification

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

Amendments1962–1986 · 6 rounds

1986

Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, which identically directed amendment of section by substituting “sections 1761 and 1766” for “sections 1761, 1766, and 1768” were executed making the substitution for “sections 1761, 1766 and 1768” as the probable intent of Congress.

1975

Pub. L. 94–105 substituted “sections 1761, 1766 and 1768” for “section 1761”.

1974

Pub. L. 93–326 substituted “other than section 1761 of this title” for “other than sections 1759a and 1761 of this title”.

1970

Pub. L. 91–248 provided that appropriations for child food service programs may be made a year in advance of the beginning of the fiscal year in which the funds become available and that funds appropriated for such programs remain available until expended.

1968

Pub. L. 90–302 inserted section 1761 to enumeration of sections excepted from application of this section.

1962

Pub. L. 87–823 struck out “, beginning with the fiscal year ending ,” after “fiscal year” and inserted “, other than section 1759a of this title.”

Statutory Notes and Related Subsidiaries

Appropriations as Functions of Health and Human Services

Pub. L. 90–302, § 1, , 82 Stat. 117, as amended by Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695, provided in part that: “Appropriations shall be considered Health and Human Services functions for budget purposes rather than functions of Agriculture.”

Credits

1946–1986 · 8 acts
  1. 1946June 4, 1946, ch. 281, § 3, 60 Stat. 230
  2. 1962Pub. L. 87–823, § 1, , 76 Stat. 944
  3. 1968Pub. L. 90–302, § 1, , 82 Stat. 117
  4. 1970Pub. L. 91–248, § 1(a), , 84 Stat. 208
  5. 1974Pub. L. 93–326, § 7, , 88 Stat. 287
  6. 1975Pub. L. 94–105, § 24, , 89 Stat. 529
  7. 1986Pub. L. 99–500, title III, § 371(a)(2), , 100 Stat. 1783–368, and Pub. L. 99–591, title III, § 371(a)(2), , 100 Stat. 3341–371
  8. 1986Pub. L. 99–661, div. D, title V, § 4501(a)(2), , 100 Stat. 4080.
Show as published

(June 4, 1946, ch. 281, § 3, 60 Stat. 230; Pub. L. 87–823, § 1, , 76 Stat. 944; Pub. L. 90–302, § 1, , 82 Stat. 117; Pub. L. 91–248, § 1(a), , 84 Stat. 208; Pub. L. 93–326, § 7, , 88 Stat. 287; Pub. L. 94–105, § 24, , 89 Stat. 529; Pub. L. 99–500, title III, § 371(a)(2), , 100 Stat. 1783–368, and Pub. L. 99–591, title III, § 371(a)(2), , 100 Stat. 3341–371; Pub. L. 99–661, div. D, title V, § 4501(a)(2), , 100 Stat. 4080.)

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