Title 42 — The Public Health and Welfare
Chapter 13A — Child Nutrition
§ 1774. Disbursement directly to schools or institutions
Statutory text
The Secretary shall withhold funds payable to a State under this chapter and disburse the funds directly to schools or institutions within the State for the purposes authorized by this chapter to the extent that the Secretary has so withheld and disbursed such funds continuously since , but only to such extent (except as otherwise required by subsection (b)). Any funds so withheld and disbursed by the Secretary shall be used for the same purposes, and shall be subject to the same conditions, as applicable to a State disbursing funds made available under this chapter. If the Secretary is administering (in whole or in part) any program authorized under this chapter, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program.
If a State educational agency is not permitted by law to disburse the funds paid to it under this chapter to any of the nonpublic schools in the State, the Secretary shall disburse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to public schools within the State by the State educational agency.
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.
Child Nutrition Act of 1966
Pub. L. 89–642 § 5 · 80 Stat. 885
Enacted · 42 U.S.C. § 1774
(Pub. L. 89–642, § 5, as added Pub. L. 97–35, title VIII, § 817(e), Aug. 13, 1981, 95 Stat. 532.)
Source evidence
Code source credit
(Pub. L. 89–642, § 5, as added Pub. L. 97–35, title VIII, § 817(e), Aug. 13, 1981, 95 Stat. 532.)Enacted provision · exact public law section
Sec. 5. nonfood assistance program authorization (a) There is hereby authorized to be appropriated for the fiscal year ending June 30, 1967, not to exceed $12,000,000, for the fiscal year ending June 30, 1968, not to exceed $15,000,000, for each of the two fiscal years ending June 30, 1969, and June 30, 1970, not to exceed $18,000,000, and for each fiscal year thereafter such sums as the Congress may hereafter authorize, to enable the Secretary to formulate and carry out a program to assist the States through grants-in-aid and other means to supply schools drawing attendance from areas in which poor economic conditions exist with equipment, other than land or buildings, for the storage, preparation, transportation, and serving of food to enable such schools to establish, maintain, and expand school food service programs. In the case of nonprofit private schools, such equipment shall be for use of such schools principally in connection with child feeding programs authorized in this Act and in the National School Lunch Act, as amended, and in the 60 Stat. 230. 42 USC 1751 note. event such equipment is no longer so used, that part of such equipment financed with Federal funds, or the residual value thereof, shall revert to the United States. (b) apportionments to states The Secretary shall apportion the funds appropriated for the purposes of this section among the States during each fiscal year on the same basis as apportionments are made under section 4 of the National School Lunch Act, as amended, for supplying agricultural and 76 Stat. 944. 42 USC 1753. other foods, except that apportionment to American Samoa for any fiscal year shall be on the same basis as the apportionment to the other States. Payments to any State of funds apportioned for any fiscal year shall be made upon condition that at least one-fourth of the cost of any equipment financed under this subsection shall be borne by State or local funds. (c) state disbursement to schools Funds apportioned and paid to any State for the purpose of this section shall be disbursed by the State educational agency to as-sist schools, which draw attendance from areas in which poor economic conditions exist and which have no, or grossly inadequate, equipment, to conduct a school food service program, and to acquire such equipment. In the selection of schools to receive assistance under this section, the State educational agency shall require applicant schools to provide justification of the need for such assistance and the inability of the school to finance the food service equipment needed. Disbursements to any school may be made, by advances or reimbursements, only after approval by the State educational agency of a request by the school for funds, accompanied by a detailed description of the equipment to be acquired and the plans for the use. thereof in effectively meeting the nutritional needs of children in the school. (d) nonprofit private schools The withholding of funds for and disbursement to nonprofit private schools will be effected in accordance with section 10 of the 60 Stat. 233; 76 Stat. 945. 42 USC 1759. National School Lunch Act, as amended, exclusive of the matching provision thereof.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 1774, Pub. L. 89–642, § 5, , 80 Stat. 887; Pub. L. 91–248, § 2, , 84 Stat. 208; Pub. L. 92–433, § 6(a)–(d), , 86 Stat. 727; Pub. L. 93–326, § 5, , 88 Stat. 287; Pub. L. 94–105, § 18, , 89 Stat. 525; Pub. L. 95–166, §§ 4, 20(3), (4), , 91 Stat. 1332, 1346; Pub. L. 95–627, § 6(b), , 92 Stat. 3620; Pub. L. 96–499, title II, § 211, , 94 Stat. 2603, made provision for food service equipment assistance program, prior to repeal by Pub. L. 97–35, § 805(b).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 820(a)(4) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 1753 of this title.
Report to Congress of Needs for Equipment To Be Submitted by June 30, 1973
Pub. L. 92–433, § 6(e), , 86 Stat. 729, directed Secretary, to assist Congress in determining amounts needed annually, to conduct a survey among States and school districts on unmet needs for equipment in schools eligible for assistance under former section 1774 of this title, results of such survey to be reported to Congress by .
Credits
(Pub. L. 89–642, § 5, as added Pub. L. 97–35, title VIII, § 817(e), , 95 Stat. 532.)