§ 1776. State administrative expenses

Footnotes

1. 1 So in original. Probably should be preceded by an additional closing parenthesis.

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 § 7 · 80 Stat. 885

   Enacted · 42 U.S.C. § 1776

   Pub. L. 89–642, § 7, Oct. 11, 1966, 80 Stat. 888

   Source evidence

   Code source credit
   Pub. L. 89–642, § 7, Oct. 11, 1966, 80 Stat. 888

   Enacted provision · exact public law section
   Sec. 7. state administrative expenses The Secretary may utilize funds appropriated under this section for advances to each State educational agency for use for its administrative expenses in supervising and giving technical assistance to the local school districts in their conducting of programs under this Act. Such funds shall be advanced only in amounts and to the extent determined necessary by the Secretary to assist such State agencies in the administration of additional activities undertaken by them under 42 USC 1759a. section 11 of the National School Lunch Act, as amended, and sections 4 and 5 of this Act. There are hereby authorized to be appropriated such sums as may be necessary for the purposes of this section.

2. 1968

   Pub. L. 90–302 § 4 · 82 Stat. 117

   1. Inserted · 42 U.S.C. § 1776

      Pub. L. 90–302 inserted the programs under sections 1759a and 1761 of this title to the enumeration of programs in which appropriated funds could be used for administrative expenses of local school districts in supervising and giving technical assistance

   2. Added · 42 U.S.C. § 1776

      Pub. L. 90–302 added section 1761 to the enumeration of sections covering programs of additional activities under which funds could be advanced only in amounts and to the extent determined necessary by the Secretary

   Source evidence

   Code amendment note
   Pub. L. 90–302 inserted the programs under sections 1759a and 1761 of this title to the enumeration of programs in which appropriated funds could be used for administrative expenses of local school districts in supervising and giving technical assistance and added section 1761 to the enumeration of sections covering programs of additional activities under which funds could be advanced only in amounts and to the extent determined necessary by the Secretary.

   Enacted provision · exact public law section
   Sec. 4. The first sentence of section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended by adding immediately before 80 Stat. 888. the period at the end thereof “and under sections 11 and 13 of the National School Lunch Act”. The second sentence of such section 7 is amended by striking out “section 11” and inserting in lieu thereof “sections 11 and 13”.

3. 1970

   Pub. L. 91–248 § 5 · 84 Stat. 207

   Inserted · 42 U.S.C. § 1776

   Pub. L. 91–248 inserted provisions authorizing Secretary to utilize funds appropriated under this section for advances for administrative expenses of any other designated State agency as well as for those of the State educational agency and in the case of either State agency, for its administrative expenses in supervising and giving technical assistance to service institutions as well as to local school districts

   Source evidence

   Code amendment note
   Pub. L. 91–248 inserted provisions authorizing Secretary to utilize funds appropriated under this section for advances for administrative expenses of any other designated State agency as well as for those of the State educational agency and in the case of either State agency, for its administrative expenses in supervising and giving technical assistance to service institutions as well as to local school districts.

   Enacted provision · exact public law section
   Sec. 5. state administrative expenses The first sentence of section 7 of the Child Nutrition Act of 1966 80 Stat. 888. 42 USC 1776. is amended (1) by inserting “or for the administrative expenses of any other designated State agency” immediately after “its administrative expenses”; and (2) by inserting “and service institutions” immediately after “local school districts”.

4. 1977

   National School Lunch Act and Child Nutrition Amendments of 1977

   Pub. L. 95–166 § 14 · 91 Stat. 1325

   1. Added · 42 U.S.C. § 1776(a)(i)

      Pub. L. 95–166 added subsecs. (a) to (i)

   2. Struck · 42 U.S.C. § 1776(a)(i)

      Pub. L. 95–166 struck out prior provisions authorizing the Secretary to utilize appropriated funds for advances to State educational agencies for use for administrative expenses, advancing the fund only in necessary amounts and for administration of certain activities, and authorizing appropriation of necessary sums, now incorporated in subsec. (i) of this section

   Source evidence

   Code amendment note
   Subsecs. (a) to (i). Pub. L. 95–166 added subsecs. (a) to (i) and struck out prior provisions authorizing the Secretary to utilize appropriated funds for advances to State educational agencies for use for administrative expenses, advancing the fund only in necessary amounts and for administration of certain activities, and authorizing appropriation of necessary sums, now incorporated in subsec. (i) of this section.

   Enacted provision · exact public law section
   Sec. 14. state administrative expenses Section 7 of the Child Nutrition Act of 1966 is amended to read as follows: “Sec. 7. (a) (1) The Secretary shall pay to each State for its administrative costs incurred pursuant to the administration of this 42 USC 1751 note. Act and the National School Lunch Act for the fiscal year ending September 30, 1978, an amount equal to 1 percent, and for each of the fiscal years ending September 30, 1979, and September 30, 1980, an amount not less than 1 percent and not greater than percent of the funds used by each State under sections 4, 11, and 17 of the National School Lunch Act and under sections 3,4, and 5 of this Act during the 42 USC 1753, 1759a, 1766. 42 USC 1772–1775. Minimum payment. second fiscal year preceding the fiscal year for which the amounts are to be paid: Provided, That in no case shall the payment to any State under this section be less than $75,000 per year nor shall any State receive less than the amount allocated to it for fiscal year 1977. The percentages specified in the foregoing sentence shall apply only to the first $100,000,000 in funds used under the prescribed sections of law. For those funds used that exceed $100,000,000, the Secretary shall pay an amount equal to 1 percent of such funds. “(2) The Secretary shall make available to States administering Audit expenses. the child care food program, for the purpose of conducting audits of participating child care institutions, an amount up to 2 percent of the funds used by each State under section 17 of the National School Lunch Act during the second fiscal year preceding the fiscal year for 42 USC 1766. which the amount is to be paid. “(b) The Secretary, in cooperation with the several States, shall Staffing standards. 42 USC 1753, 1759a, 1766. 42 USC 1772–1775. develop State staffing standards for the administration by each State of sections 4, 11, and 17 of the National School Lunch Act, and sections 3, 4, and 5 of this Act, that will ensure sufficient staff for the planning and administration of programs covered by State administrative expenses. , “(c) Funds paid to a State under subsection (a) of this section may Funds, usage. be used to pay salaries, including employee benefits and travel expenses, for administrative and supervisory personnel; for support services; for office equipment; and for staff development. “(d) If any State agency agrees to assume responsibility for the Fund adjustment. State administered programs. administration of food service programs in nonprofit private schools or child care institutions that were previously administered by the Secretary, an appropriate adjustment shall be made in the administrative funds paid under this section to the State not later than the succeeding fiscal year. “(e) Notwithstanding any other provision of law. funds available Unused funds. to each State under this section for fiscal year 1978 that are not obligated or expended in that fiscal year shall remain available for obligation and expenditure by that State in fiscal year 1979. For fiscal year 1979, and the succeeding fiscal year, the Secretary shall establish a date, by which each State shall submit to the Secretary a plan for the disbursement of funds provided under this section for each such year, and the Secretary shall reallocate any unused funds, as evidenced by such plans, to other States as the Secretary deems appropriate. “(f) The State may use a portion of the funds available under this section to assist in the administration of the commodity distribution program. “(g) Each State shall submit to the Secretary for approval by State plan, use of funds. October 1 of each year an annual plan for the use of State administrative expense funds, including a staff formula for State personnel, system level supervisory and operating personnel, and school level personnel. “(h) Payments of funds under this section shall be made only to State funding requirement. States that agree to maintain a level of funding out of State revenues, for administrative costs in connection with programs under this Act (except section 17 of this Act) and the National School Lunch 42 USC 1786. 42 USC 1761. Act (except section 13 of that Act), not less than the amount expended or obligated in fiscal year 1977. “(i) For the fiscal years beginning October 1, 1977, and ending September 30, 1980, there are hereby authorized to be appropriated such sums as may be necessary for the purposes of this section.”.

5. 1978

   Health Services and Centers Amendments of 1978

   Pub. L. 95–627 § 7(a) · 92 Stat. 3603

   Inserted · 42 U.S.C. § 1776(a)

   Pub. L. 95–627 generally revised and restructured subsection and, among other changes, inserted formula for determining State allocations for administrative costs incurred under the program authorized by section 17 of the National School Lunch Act, authorized the State to transfer up to ten percent of any amounts allocated for administrative costs of the programs for which such funds were allocated, and authorized retention by the Secretary for the Secretary’s use in administering certain programs, allocations for such programs, under this section and section 13(k)(1) of the National School Lunch Act

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–627 generally revised and restructured subsection and, among other changes, inserted formula for determining State allocations for administrative costs incurred under the program authorized by section 17 of the National School Lunch Act, authorized the State to transfer up to ten percent of any amounts allocated for administrative costs of the programs for which such funds were allocated, and authorized retention by the Secretary for the Secretary’s use in administering certain programs, allocations for such programs, under this section and section 13(k)(1) of the National School Lunch Act.

   Enacted provision · exact public law section
   (a) Section 7(a) of the Child Nutrition Act of 1966 is amended to read as follows: “Sec. 7. (a) (1) Each fiscal year, the Secretary shall make available 42 USC 1776. to the States for their administrative costs an amount equal to not less than 1½ percent of the Federal funds expended under sections 4,11, and 17 of the National School Lunch Act and 3, 4, and 5 of this 42 USC 1754, 1759a, 1766. 42 USC 1772–1774. Act during the second preceding fiscal year. The Secretary shall allocate the funds so provided in accordance with paragraphs (2), (3), and (4) of this subsection. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. “(2) The Secretary shall allocate to each State for administrative costs incurred in any fiscal year in connection with the programs authorized under the National School Lunch Act or under this Act, 42 USC 1751 note. 42 USC 1761, 1766. Ante, p. 3611. except for the programs authorized under section 13 or 17 of the National School Lunch Act or under section 17 of this Act, an amount equal to not less than 1 percent and not more than 1½ percent of the funds expended by each State under sections 4 and 11 of the National School Lunch Act and sections 3, 4, and 5 of this Act during the second preceding fiscal year. In no case shall the grant available to any State under this subsection be less than the amount such State was allocated in the fiscal year ending September 30, 1978, or $100,000, whichever is larger. “(3) The Secretary shall allocate to each State for its administrative costs incurred under the program authorized by section 17 of the National School Lunch Act in any fiscal year an amount, based upon funds expended under that program in the second preceding fiscal year, equal to (A) 20 percent of the first $50,000, (B) 10 percent of the next $100,000, (C) 5 percent of the next $250,000, and (D) 2½ percent of any remaining funds. The Secretary may adjust any State’s allocation to reflect changes in the size of its program. “(4) The remaining funds appropriated under this section shall be allocated among the States by the Secretary in amounts the Secretary determines necessary for the improvement in the States of the administration of the programs authorized under the National School Lunch 42 USC 1751 note. Ante, p. 3611. Act and this Act, except for section 17 of this Act, including, but not limited to, improved program integrity and the quality of meals served to children. “(5) Funds available to States under this subsection and under section 42 USC 1761. 13(k) (1) of the National School Lunch Act shall be used for the costs of administration of the programs for which the allocations are made, except that States may transfer up to 10 percent of any of the amounts allocated among such programs. “(6) Where the Secretary is responsible for the administration of programs under this Act or the National School Lunch Act, the amount of funds that would be allocated to the State agency under this section and under section 13(k) (1) of the National School Lunch Act shall be retained by the Secretary for the Secretary’s use in the administration of such programs.”.

6. 1980

   Pub. L. 96–499 § 201(b)(1) · 94 Stat. 2599

   Substituted · 42 U.S.C. § 1776(e)

   Pub. L. 96–499, § 201(b)(1), substituted “and for the five succeeding fiscal years” for “and the succeeding fiscal year”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 96–499, § 201(b)(1), substituted “and for the five succeeding fiscal years” for “and the succeeding fiscal year”.

   Enacted provision · exact public law section
   (1) in subsection (e), striking out “and the succeeding fiscal year” and inserting in lieu thereof “and for the five succeeding fiscal years”; and

7. 1980

   Pub. L. 96–499 § 201(b)(2) · 94 Stat. 2599

   Substituted · 42 U.S.C. § 1776(i)

   Pub. L. 96–499, § 201(b)(2), substituted “September 30, 1984” for “September 30, 1980”

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 96–499, § 201(b)(2), substituted “September 30, 1984” for “September 30, 1980”.

   Enacted provision · exact public law section
   (2) in subsection (i), striking out “September 30, 1980” and inserting in lieu thereof “September 30, 1984”.

8. 1981

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

   1. Substituted · 42 U.S.C. § 1776(a)

      Pub. L. 97–35, §§ 814(a), 819(e), in par. (1) struck out reference to section 1774 of this title, and in par. (2) substituted “1981” for “1978”

   2. Struck · 42 U.S.C. § 1776(a)

      Pub. L. 97–35, §§ 814(a), 819(e), in par. (1) struck out reference to section 1774 of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–35, §§ 814(a), 819(e), in par. (1) struck out reference to section 1774 of this title, and in par. (2) substituted “1981” for “1978” and struck out reference to section 1774 of this title.

   Enacted provision · exact public law
   TITLE VIII— SCHOOL LUNCH AND CHILD NUTRITION PROGRAMS Sec. 801. changes in reimbursement for school lunches and breakfasts (a) Section 4 of the National School Lunch Act is 42 USC 1753. amended— (1) by inserting “(a)” after “Sec. 4.”; (2) in subsection (a) (as so designated), by striking out the second sentence; and (3) by adding at the end thereof the following new subsection: “(b) (1) The Secretary shall make food assistance payments to each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in a total amount equal to the product obtained by multiplying— “(A) the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act) served during such fiscal year in schools in such State which participate in the school lunch program under this Act under agreements with such State educational agency; by “(B) the national average lunch payment prescribed in paragraph (2) of this subsection. “(2) The national average lunch payment for each lunch served shall be 10.5 cents (as adjusted pursuant to section 11(a) of this Act) except that for each lunch served in school food authorities in which 60 percent or more of the lunches served in the school lunch program during the second preceding school year were served free or at a reduced-price, the national average lunch payment shall be 2 cents more.”. (b) Section 11(a) of the National School Lunch Act is amended— (1) by inserting “(1)” after “Sec. 11. (a)”; (2) in the third sentence, by striking out “(1)” and inserting in lieu thereof “(A)” and by striking out “(2)” and inserting in lieu thereof “(B)”; and (3) by striking out the fifth sentence and all that follows through the end of the subsection and inserting in lieu thereof the following: “(2) The special-assistance factor prescribed by the Secretary for free lunches shall be 98.75 cents and the special-assistance factor for reduced-price lunches shall be 40 cents less than the special-assistance factor for free lunches. “(3) (A) The Secretary shall prescribe on July 1, 1982, and on each subsequent July 1, an annual adjustment in the following: “(i) The national average payment rates for lunches (as established Ante, p. 521. under section 4 of this Act). “(ii) The special assistance factor for lunches (as established under paragraph (2) of this subsection). “(iii) The national average payment rates for breakfasts (as Infra. established under section 4(b) of the Child Nutrition Act of 1966). “(iv) The national average payment rates for supplements (as Post, p. 528. established under section 17(c) of this Act). “(B) The annual adjustment under this paragraph shall reflect changes in the cost of operating meal programs under this Act and the Child Nutrition Act of 1966, as indicated by the change in the series for food away from home of the Consumer Price Index for all Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor. Each annual adjustment shall reflect the changes in the series for food away from home for the most recent 12-month period for which such data are available. The adjustments made under this paragraph shall be computed to the nearest one-fourth cent.”. (c) (1) Section 4(b)(1) of the Child Nutrition Act of 1966 is amended read as follows: “(b) (1) (A) The Secretary shall make breakfast assistance payments each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in an amount equal to the product obtained by multiplying— “(i) the number of breakfasts served during such fiscal year to children in schools in such States which participate in the school breakfast program under agreements with such State educational agency; by “(ii) the national average breakfast payment for free breakfasts, for reduced-price breakfasts, or for breakfasts served to children not eligible for free or reduced-price meals, as appropriate, as prescribed in clause (B) of this paragraph. “(B) The national average payment for each free breakfast shall be 57 cents (as adjusted pursuant to section 11(a) of the National School Lunch Act). The national average payment for each reduced-price Ante, p. 522. breakfast shall be one-half of the national average payment for each free breakfast, adjusted to the nearest one-fourth cent, except that in no case shall the difference between the amount of the national average payment for a free breakfast and the national average payment for a reduced-price breakfast exceed 30 cents. The national average payment for each breakfast served to a child not eligible for free or reduced-price meals shall be 8.25 cents (as adjusted pursuant to section 11(a) of the National School Lunch Act). “(C) No school which receives breakfast assistance payments under this section may charge a price of more than 30 cents for a reduced-price breakfast. “(D) No breakfast assistance payment may be made under this subsection for any breakfast served by a school unless such breakfast consists of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under subsection (e) of this section.”. (2) Section 4(b)(2) of the Child Nutrition Act of 1966 is amended— Ante, p. 522. (A) in clause (B)(ii)— (i) by striking out “on a semiannual basis each July 1 and January 1” and inserting in lieu thereof “on an annual basis each July 1”; and (ii) by striking out “six-month” and inserting in lieu thereof “twelve-month”; and (B) in clause (C), by striking out “five” and inserting in lieu thereof “thirty”. (3) (A) Section 4(d) of the Child Nutrition Act of 1966 is amended to 42 USC 1773. read as follows: “(d) (1) Each State educational agency shall provide additional assistance to schools in severe need, which shall include only— “(A) those schools in which the service of breakfasts is required pursuant to State law; and “(B) those schools (having a breakfast program or desiring to initiate a breakfast program) in which, during the most recent second preceding school year for which lunches were served, 40 percent or more of the lunches served to students at the school were served free or at a reduced-price, and in which the rate per meal established by the Secretary is insufficient to cover the costs of the breakfast program. The provision of eligibility specified in clause (A) of this paragraph shall terminate effective July 1, 1983, for schools in States where the State legislatures meet annually and shall terminate effective July 1, 1984, for schools in States where the State legislatures meet biennially. “(2) A school, upon the submission of appropriate documentation about the need circumstances in that school and the school’s eligibility for additional assistance, shall be entitled to receive 100 percent of the operating costs of the breakfast program, including the costs of obtaining, preparing, and serving food, or the meal reimbursement rate specified in paragraph (2) of section 4(b) of this Act, whichever is less.”. Sec. 802. reduction in commodity assistance for lunches The first sentence of section 6(e) of the National School 42 USC 1755. Lunch Act is amended to read as follows: “The national average value of donated foods, or cash payments in lieu thereof, shall be 11 cents, adjusted on July 1, 1982, and each July 1 thereafter to reflect changes in the Price Index for Food Used in Schools and Institutions.”. Sec. 803. revision of income eligibility guidelines (a) Section 9(b) of the National School Lunch Act is amended— (1) by amending paragraph (1) to read as follows: “(1) (A) Not later than June 1 of each fiscal year, the Secretary shall prescribe income guidelines for determining eligibility for free and reduced-price lunches during the 12-month period beginning July 1 of such fiscal year and ending June 30 of the following fiscal year. For the school years ending June 30, 1982, and June 30, 1983, the income guidelines for determining eligibility for free lunches shall be 130 percent of the applicable family-size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (B). Beginning July 1, 1983, the income guidelines for determining eligibility for free lunches for any school year shall be the same as the gross income eligibility standards announced by the Secretary for any such period for eligibility for participation in the 7 USC 2011 note. food Stamp program under the Food Stamp Act of 1977. The income guidelines for determining eligibility for reduced-price lunches for any school year shall be 185 percent of the applicable family-size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (B). The Office of Management and Budget guidelines shall be revised at annual intervals, or at any shorter interval deemed feasible and desirable. “(B) The revision required by subparagraph (A) of this paragraph shall be made by multiplying— “(i) the official poverty line (as defined by the Office of Management and Budget); by “(ii) the percentage change in the Consumer Price Index during the annual or other interval immediately preceding the time at which the adjustment is made. Revisions under this subparagraph shall be made not more than 30 days after the date on which the consumer price index data required to compute the adjustment becomes available.”; (2) by redesignating paragraph (2) (and any references thereto) as paragraph (5) and by inserting after paragraph (1) the following new paragraphs: “(2) (A) Following the determination by the Secretary under paragraph (1) of this subsection of the income eligibility guidelines for each school year, each State educational agency shall announce the income eligibility guidelines, by family-size, to be used by schools in the State in making determinations of eligibility for free and reduced-price lunches. Local school authorities shall, each year, publicly announce the income eligibility guidelines for free and reduced-price lunches on or before the opening of school. “(B) Applications for free and reduced-price lunches, in such form as the Secretary may prescribe or approve, and any descriptive material, shall be distributed to the parents or guardians of children in attendance at the school, and shall contain only the family-size income levels for reduced-price meal eligibility with the explanation that households with incomes less than or equal to these values would be eligible for free or reduced-price lunches. Such forms and descriptive material may not contain the income eligibility guidelines for free lunches. “(C) Eligibility determinations shall be made on the basis of a complete application executed by an adult member of the household. The Secretary, States, and local school food authorities may seek verification of the data contained in the application. Local school food authorities shall undertake such verification of the information contained in these applications as the Secretary may by regulation prescribe and, in accordance with such regulations, make appropriate changes in the eligibility determinations on the basis of such verification. “(3) Any child who is a member of a household whose income, at the time the application is submitted, is at an annual rate which does not exceed the applicable family-size income level of the income eligibility guidelines for free lunches, as determined under paragraph (1), shall be served a free lunch. Any child who is a member of a household whose income, at the time the application is submitted, is at an annual rate greater than the applicable family-size income level of the income eligibility guidelines for free lunches, as determined under paragraph (1), but less than or equal to the applicable family-size income level of the income eligibility guidelines for reduced-price lunches, as determined under paragraph (1), shall be served a reduced-price lunch. The price charged for a reduced-price lunch shall not exceed 40 cents. “(4) No physical segregation of or other discrimination against any child eligible for a free lunch or a reduced-price lunch under this subsection shall be made by the school nor shall there by any overt identification of any child by special tokens or tickets, announced or published lists of names, or by other means.”; and (3) in the second sentence of paragraph (5), as so redesignated by paragraph (2) of this subsection, by striking out “solely”. (b) Section 9 of the National School Lunch Act is further amended 42 USC 1758. by adding at the end thereof the following new subsection: “(d) (1) The Secretary shall require as a condition of eligibility for receipt of free or reduced-price lunches that the member of the household who executes the application furnish the social security account numbers of all adult members of the household of which such person is a member. “(2) No member of a household may be provided a free or reduced-price lunch under this Act unless— “(A) appropriate documentation, as prescribed by the Secretary, of the income of such household has been provided to the appropriate local school food authority; or “(B) documentation showing that the household is participating in the food stamp program under the Food Stamp Act of 1977 has been provided to the appropriate local school food authority.”. (c) Notwithstanding any other provision of law, the Secretary of Study. 42 USC 1758 note. Agriculture shall conduct a pilot study to verify the data submitted on a sample of applications for free and reduced-price meals. In conducting the pilot study, the Secretary may require households included in the study to furnish social security numbers of all household members and such other information as the Secretary may require, including, but not limited to, pay stubs, documentation of the current status of household members who are recipients of public assistance, unemployment insurance documents, and written statements from employers, as a condition for receipt of free or reduced-price meals. (d) For the school year ending June 30, 1982, the Secretary may prescribe procedures for implementing the revisions made by the amendments contained in this section to the income eligibility guidelines for free and reduced-price lunches under section 9 of the 42 USC 1758. National School Lunch Act. Such procedures may allow school food authorities to (1) use applications distributed at the beginning of the school year when making eligibility determinations based on the revised income eligibility guidelines, or (2) distribute new applications and make determinations using such applications. Sec. 804. revision of state revenue matching requirements Section 7 of the National School Lunch Act is amended to read as follows: “Sec. 7. (a) (1) Funds appropriated to carry out section 4 of this Act during any fiscal year shall be available for payment to the States for disbursement by State educational agencies in accordance with such agreements, not inconsistent with the provisions of this Act, as may be entered into by the Secretary and such State educational agencies for the purpose of assisting schools within the States in obtaining agricultural commodities and other foods for consumption by children in furtherance of the school lunch program authorized under this Act. For any school year, such payments shall be made to a State only if, during such school year, the amount of the State revenues (excluding State revenues derived from the operation of the program) appropriated or used specifically for program purposes (other than any State revenues expended for salaries and administrative expenses of the program at the State level) is not less than 30 percent of the funds made available to such State under section 4 of this Act for the school year beginning July 1, 1980. “(2) If, for any school year, the per capita income of a State is less than the average per capita income of all the States, the amount required to be expended by a State under paragraph (1) for such year shall be an amount bearing the same ratio to the amount equal to 30 percent of the funds made available to such State under section 4 of this Act for the the school year beginning July 1, 1980, as the per capita income of such State bears to the average per capita income of all the States. “(b) The State revenues provided by any State to meet the requirement of subsection (a) shall, to the extent the State deems practicable, be disbursed to schools participating in the school lunch program under this Act. No State in which the State educational agency is prohibited by law from disbursing State appropriated funds to private schools shall be required to match Federal funds made available for meals served in such schools, or to disburse, to such schools, any of the State revenues required to meet the requirements of subsection (a). “(c) The Secretary shall certify to the Secretary of the Treasury, from time to time, the amounts to be paid to any State under this section and shall specify when such payments are to be made. The Secretary of the Treasury shall pay to the State, at the time or times fixed by the Secretary, the amounts so certified.”. Sec. 805. termination of food service equipment assistance (a) Section 5 of the National School Lunch Act is repealed. Repeals. 42 USC 1754. 42 USC 1774. (b) Section 5 of the Child Nutrition Act of 1966 is repealed. Sec. 806. nutrition education and training program The second sentence of section 19(j)(2) of the Child Nutrition Act of 1966 is amended to read as follows: “There 42 USC 1788. authorized to be appropriated for the grants referred to in the preceding sentence not more than $15,000,000 for fiscal year 1981 and not more than $5,000,000 for each subsequent fiscal year.”. Sec. 807. revision of the special milk program Section 3 of the Child Nutrition Act of 1966 is amended— 42 USC 1772. (1) in the first sentence— (A) in clause (1), by inserting “which do not participate in meal service program authorized under this Act or the National School Lunch Act,” after “under,”; and 42 USC 1751 note. (B) in clause (2), by inserting “, which do not participate a meal service program authorized under this Act or the National School Lunch Act” after “training of children”; (2) in the fourth sentence, by inserting “which does not participate in a meal service program authorized under this Act or the National School Lunch Act” after “institution”; (3) in the fifth sentence, by striking out “also”; and (4) by striking out the eighth sentence. Sec. 808. limitation on private school participation (a) Section 12(d)(6) of the National School Lunch Act 42 USC 1760. amended by inserting in the first sentence “except private schools whose average yearly tuition exceeds $1,500 per child,” after “under,”. (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,”. Sec. 809. summer food service program Section 13 of the National School Lunch Act is amended— 42 USC 1761. (1) in subsection (a)(1)— (A) in clause (B), by striking out “nonresidential public or private nonprofit institutions,” and inserting in lieu thereof “public or private nonprofit school food authorities, local, municipal, or county governments,”; and (B) in clause (C), by striking out “33 ⅓ percent” and inserting in lieu thereof “50 percent”; and (2) by adding at the end of subsection (a) the following new paragraph: “(6) Service institutions that are local, municipal, or county governments shall be eligible for reimbursement for meals served in programs under this section only if such programs are operated directly by such governments.”. Sec. 810. revision of child care food program (a) Section 17(a) of the National School Lunch Act is amended— (1) in the second sentence, by adding at the end before the period the following: “(but only if such organization receives compensation under such title for at least 25 percent of the children for which the organization provides such nonresidential day care services)”; and (2) by adding after the third sentence the following: “Reimbursement may be provided under this section only for meals or supplements served to children not over 12 years of age (except that such age limitation shall not be applicable for children of migrant workers if 15 years of age or less or for handicapped children).”. (b) Section 17(b) of the National School Lunch Act is amended by striking out “served in the manner specified in subsection (c)” and inserting in lieu thereof “as provided in subsection (f)”. (c) Section 17(c) of the National School Lunch Act is amended to read as follows: “(c) (1) For purposes of this section, the national average pa5anent rate for free lunches and suppers, the national average payment rate for reduced-price lunches and suppers, and the national average payment rate for paid lunches and suppers shall be the same as the national average pa3nnent rates for free lunches, reduced-price lunches, and paid lunches, respectively, under sections 4 and 11 of 42 USC 1753, 1759a. this Act as appropriate (as adjusted pursuant to section 11(a) of this Act). “(2) For purposes of this section, the national average payment rate for free breakfasts, the national average payment rate for reduced-price breakfasts, and the national average payment rate for paid breakfasts shall be the same as the national average payment rates for free breakfasts, reduced-price breakfasts, and paid breakfasts, Ante, p. 522. respectively, under section 4(b) of the Child Nutrition Act of 1966 (as adjusted pursuant to section 11(a) of this Act). “(3) For purposes of this section, the national average payment rate for free supplements shall be 30 cents, the national average payment rate for reduced-price supplements shall be one-half the rate for free supplements, and the national average payment rate for paid supplements shall be 2.75 cents (as adjusted pursuant to section 11(a) of this Act). “(4) Determinations with regard to eligibility for free and reduced-price meals and supplements shall be made in accordance with the income eligibility guidelines for free lunches and reduced-price 42 USC 1758. lunches, respectively, under section 9 of this Act.”. (d) Section 17(f) of the National School Lunch Act is amended— (1) by amending paragraph (2) to read as follows: “(2) (A) Subject to subparagraph (B) of this paragraph, the disbursement for any fiscal year to any State for disbursement to institutions, other than family or group day care home sponsoring organizations, for meals provided under this section shall be equal to the sum of the products obtained by multiplying the total number of each type of meal (breakfast, lunch or supper, or supplement) served in such institution in that fiscal year by the applicable national average payment rate for each such type of meal, as determined under subsection (c). “(B) No reimbursement may be made to any institution under this paragraph, or to family or group day care home sponsoring organiza-tions under paragraph (3) of this subsection, for more than two meals and one supplement per day per child.”; (2) by striking out paragraph (3) and by redesignating paragraphs (4) and (5) (and any references thereto) as paragraphs (3) and (4), respectively; and (3) in paragraph (3), as so redesignated— (A) by redesignating the fourth sentence and all that follows through the end of the paragraph as subparagraph (C); and (B) by amending all that precedes subparagraph (C) (as so redesignated) to read as follows: “(3) (A) Institutions that participate in the program under this section as family or group day care home sponsoring organizations shall be provided, for payment to such homes, a reimbursement factor set by the Secretary for the cost of obtaining and preparing food and prescribed labor costs, involved in providing meals under this section, without a requirement for documentation of such costs, except that reimbursement shall not be provided under this subparagraph for meals or supplements served to the children of a person acting as a family or group day care home provider unless such children meet the eligibility standards for free or reduced-price meals under section 9 of this Act. The reimbursement factor in effect as of the date of the enactment of this sentence shall be reduced by 10 percent. The reimbursement factor under this subparagraph shall be adjusted on July 1 of each year to reflect changes in the Consumer Price Index for food away from home for the most recent 12-month period for which such data are available. The reimbursement factor under this subparagraph shall be rounded to the nearest one-fourth cent. “(B) Family or group day care home sponsoring organizations shall also receive reimbursement for their administrative expenses in amounts not exceeding the maximum allowable levels prescribed by the Secretary. Such levels shall be adjusted July 1 of each year to reflect changes in the Consumer Price Index for all items for the most recent 12-month period for which such data are available. The maximum allowable levels for administrative expense payments, as in effect as of the date of the enactment of this subparagraph, shall be adjusted by the Secretary so as to achieve a 10 percent reduction in the total amount of reimbursement provided to institutions for such administrative expenses. In making the reduction required by the preceding sentence, the Secretary shall increase the economy of scale factors used to distinguish institutions that sponsor a greater number of family or group day care homes from those that sponsor a lesser number of such homes.”. (e) Section 17(g) of the National School Lunch Act is amended by 42 USC 1766. striking out paragraph (2) and by redesignating paragraphs (3) and (4) (and any references thereto) as paragraphs (2) and (3), respectively. (f) Section 17 of the National School Lunch Act is further amended by striking out subsections (i) and (n). (g) Section 17(o) of the National School Lunch Act is amended in the second sentence by striking out “the availability of food service equipment funds under the program,”. Sec. 811. food not intended to be consumed The third sentence of section 9(a) of the National School Lunch Act is amended by striking out “in any junior high school or 42 USC 1758. middle school”. Sec. 812. state plan requirements Section 11(e) of the National School Lunch Act is amended— (1) by striking out paragraph (1) and redesignating paragraphs (2) and (3) (and any references thereto) as paragraphs (1) and (2), respectively; and (2) in paragraphs (1) and (2), as so redesignated, by striking out the second sentence of each such paragraph. Sec. 813. commodity only schools (a) Section 14 of the National School Lunch Act amended by adding at the end thereof the following new subsection: “(f) Commodity only schools shall be eligible to receive donated commodities equal in value to the sum of the national average value Ante, p. 524. 42 USC 1753. of donated foods established under section 6(e) of this Act and the national average payment established under section 4 of this Act. Such schools shall be eligible to receive up to 5 cents per meal of such value in cash for processing and handling expenses related to the use of such commodities. Lunches served in such schools shall consist of combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act, and shall represent the four basic food groups, including a serving of fluid milk.”. (b) Section 11 of the National School Lunch Act is further amended by adding at the end thereof the following new subsection: “(f) Commodity only schools shall also be eligible for special-assistance payments under this section. Such schools shall serve meals free to children who meet the eligibility requirements for free Ante, p. 524. meals under section 9(b) of this Act, and shall serve meals at reduced price, not exceeding the price specified in section 9(b)(3) of this Act, to children meeting the eligibility requirements for reduced-price meals under such section. No physical segregation of, or other discrimination against, any child eligible for a free or reduced-priced lunch shall be made by the school, nor shall there be any overt identification of any such child by any means.”. (c) Section 3 of the Child Nutrition Act of 1968 is further amended by— (1) inserting “(a)” after “Sec. 3.”; and (2) by adding at the end thereof the following new subsection: “(b) Commodity only schools shall not be eligible to participate in the special milk program under this section. For the purposes of the preceding sentence, the term ‘commodity only schools’ means schools that do not participate in the school lunch program under the National School Lunch Act, but which receive commodities made available by the Secretary for use by such schools in nonprofit lunch programs.”. (d) Section 12(d) of the National School Lunch Act is further amended by adding at the end thereof the following new paragraph: “(8) ‘Commodity only schools’ means schools that do not participate in the school lunch program under this Act, but which receive commodities made available by the Secretary for use by such schools in nonprofit lunch programs.” Sec. 814. state administrative expenses (a) Section 7(a)(2) of the Child Nutrition Act of 1966 is 42 USC 1776. amended by striking out “September 30, 1978” in the second sentence and inserting in lieu thereof “September 30, 1981”. (b) Section 7(e) of the Child Nutrition Act is amended to read as follows: “(e) Notwithstanding any other provision of law, funds made available to each State under this section shall remain available for obligation and expenditure by that State during the fiscal year immediately following the fiscal year for which such funds were made available. For each fiscal year the Secretary shall establish date by which each State shall submit to the Secretary a plan for the disbursement of funds provided under this section for each such year, and the Secretary shall reallocate any unused funds, as evidenced by such plans, to other States as the Secretary considers appropriate. Sec. 815. authorizations for wic program Section 17(g) of the Child Nutrition Act of 1966 is amended 42 USC 1786. by striking out in the first sentence “and such sums as may be necessary for the three subsequent fiscal years,” and inserting in lieu thereof “$1,017,000,000 for the fiscal year ending September 30, 1982, $1,060,000,000 for the fiscal year ending September 30, 1983, and $1,126,000,000 for the fiscal year ending September 30, 1984,”. 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.”. Sec. 817. limitations on secretary’s authority to directly administer programs (a) Section 10 of the National School Lunch Act is 42 USC 1759. amended to read as follows: “Sec. 10. “disbursement to schools by the secretary (a) The Secretary shall withhold funds payable to a State under this Act and disburse the funds directly to schools, institutions, or service institutions within the State for the purposes authorized by this Act to the extent that the Secretary has so withheld and disbursed such funds continuously since October 1, 1980, 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 Act. If the Secretary is administering (in whole or in part) any program authorized under this Act, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program. “(b) If a State educational agency is not permitted by law to disburse the funds paid to it under this Act 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.”. (b) Section 18 of the National School Lunch Act is further amended by striking out subsection (i). (c) Section 17 of the National School Lunch Act is further amended— (1) by striking out subsection (m); and (2) by redesignating subsections (j), (k), (l), (o), (p), (q), and (r), as subsections (i), (j), (k), (l), (m), (n), and (o), respectively. (d) Section 4 of the Child Nutrition Act of 1966 is further amended by striking out subsection (f) and redesignating subsection (g) as subsection (f). (e) The Child Nutrition Act of 1966 is further amended by inserting after section 4 the following new section: “Sec. 5. “disbursement to schools by the secretary (a) The Secretary shall withhold funds payable to a State under this Act and disburse the funds directly to schools or institutions within the State for the purposes authorized by this Act to the extent that the Secretary has so withheld and disbursed such funds continuously since October 1, 1980, 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 Act. If the Secretary is administering (in whole or in part) any program authorized under this Act, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program. “(b) If a State educational agency is not permitted by law to disburse the funds paid to it under this Act 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.”. (f) Section 19(d) of the Child Nutrition Act of 1966 is amended by striking out paragraph (6). Sec. 818. cost savings revisions by the secretary As soon as possible after the date of the enactment of this Act, the Secretary of Agriculture shall review regulations promulgated 42 USC 1779. under section 10 of the Child Nutrition Act of 1966 (including regulations pertaining to nutritional requirements for meals) for the purposes of determining ways in which cost savings might be accomplished at the local level in the operation of meal programs under the 42 USC 1751 note, 1771 note. National School Lunch Act and the Child Nutrition Act of 1966 without impairing the nutritional value of such meals. Not later than Regulations. 90 days after the date of the enactment of this Act, on the basis of such review, the Secretary of Agriculture shall promulgate such regulations as the Secretary considers appropriate to effectuate such cost savings. Sec. 819. conforming and miscellaneous amendments (a) Section 11 of the National School Lunch Act is 42 USC 1759a. amended— (1) by striking out “financing the cost of” in the first sentence in subsection (b); and (2) by striking out “or 5” in subsection (d). (b) Section 4(c) of the Child Nutrition Act of 1966 is amended by 42 USC 1773. striking out “financing the costs of” in the first sentence. (c) Section 12 of the National School Lunch Act is amended— 42 USC 1760. (1) in subsection (d)— (A) by striking out paragraph (3); and (B) by redesignating paragraphs (4) through (8) (and any references thereto) as paragraphs (3) through (7), respectively; and (2) by striking out the second sentence of subsection (h). (d) Section 8 of the National School Lunch Act is amended— 42 USC 1757. (1) by striking out “or 5” in the first sentence; (2) by striking out “to finance the cost of obtaining” in the second sentence and inserting in lieu thereof “to obtain”; (3) by striking out “and food service equipment assistance in connection with such program” in the second sentence; and (4) by striking out “Federal food-cost contribution rate” both places it occurs in the fifth and sixth sentences and inserting in lieu thereof “per meal reimbursement rate”. (e) Section 7 of the Child Nutrition Act of 1966 is amended by 42 USC 1776. striking out “3, 4, and 5” in subsections (a)(1), (a)(2), and (b) and inserting in lieu thereof “3 and 4”. (f) Section 11(a) of the Child Nutrition Act of 1966 is amended by 42 USC 1780. striking out “section 3 through 5” and inserting in lieu thereof “sections 3 and 4”. (g) Section 4(a) of the National School Lunch Act is amended in the 42 USC 1753. first sentence by striking out “, excluding the sum specified in section 5,”. (h) Section 6(a)(2) of the National School Lunch Act is amended— 42 USC 1755. (1) by striking out “sections 4 and 5” and inserting in lieu thereof “section 4”; and (2) by striking out “sections 4, 5, and 7” and inserting in lieu thereof “sections 4 and 7”. (i) Section 15(f) of the National School Lunch Act is amended by 42 USC 1763. striking out “annually” in the second sentence and inserting in lieu thereof “biennially”. (j) Section 14 of the National School Lunch Act (42 U.S.C. 1762a) is amended— (1) by striking out “title VII” in paragraph (1) of subsection (a) and inserting in lieu thereof “title III”; and (2) by striking out “section 707(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 3045(a)(4)) or for cash payments in lieu of such donations under section 707(d)(1) of such Act (42 U.S.C. 3045f(d)(1))” in the first sentence of subsection (c) and inserting in lieu thereof “section 311(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 3030(a)(4)) or for cash payments in lieu of such 42 USC 3030a. donations under section 311(c)(1) of such Act (42 U.S.C. 42 USC 3030a. 3030(c)(1))”. (k) The second sentence of section 17(f)(1) of the National School 42 USC 1766. Lunch Act is amended by striking out “financing the cost of”. Sec. 820. effective dates and repealer (a) The provisions of this title shall take effect as follows: (1) The amendments made by the following sections shall take effect on the first day of the month following the date of the enactment of this Act, or on September 1, 1981, whichever is earlier: (A) section 801; (B) that portion of the amendment made by section 810(c) pertaining to the reimbursement rate for supplements; (C) that portion of the amendment made by section 810(d)(1) pertaining to the limitation on the number of meals for which reimbursement may be made under the child care food program; (D) that portion of the amendment made by section 810(d)(3) which reduces the meal reimbursement factor by 10 percent; and (E) section 811. (2) The amendments made by sections 802 and 804 shall take effect on July 1, 1981. (3) The amendments made by sections 807, 808, and 810(a)(2) shall take effect on the first day of the second month following the date of the enactment of this Act. (4) The amendments made by the following sections shall take effect October 1, 1981: sections 805, 806, 809, 810(a)(1), 810(f), 810(g), 812, 814, 817, and 819. (5) The amendments made by section 813 shall take effect 90 days after the date of the enactment of this Act. (6) The amendments made by the following provisions shall take effect January 1, 1982: subsections (b), (c), (d), and (e) of section 810, except that— (A) the amendment made by section 810(c) pertaining to the reimbursement rate for supplements shall take effect as provided under paragraph (1) of this subsection; (B) the amendment made by section 810(d)(1) pertaining to the limitation on the number of meals for which reimbursement may be made shall take effect as provided under paragraph (1) of this subsection; and (C) the amendment made by section 810(d)(3) which reduces the meal reimbursement factor by 10 percent shall take effect as provided under paragraph (1) of this subsection. (7) The following provisions shall take effect on the date of the enactment of this Act: (A) the amendments made by subsections (a) and (b) of section 803 and the provisions of subsections (c) and (d) of section 803; (B) the amendment made by section 815; (C) the amendment made by section 816; and (D) the provisions of section 818. (b) The Omnibus Reconciliation Act of 1980 (Public Law 96–499) is amended— (1) by striking out subsection (a) of section 201 effective 94 Stat. 2599. 42 USC 1753 note. September 1, 1981, or the first day of the first month following the month in which this Act is enacted, whichever is earlier; (2) by striking out subsection (a) of section 202 effective July 1, 94 Stat. 2600. 42 USC 1755 note. 1981; and (3) by striking out subsections (a) and (b) of section 203 effective 94 Stat. 2600. 42 USC 1758 note. on the date of the enactment of this Act. (c) Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall promulgate regulations to Regulations. 42 USC 1753 note. implement the amendments made by this title.

9. 1981

   Pub. L. 97–35 § 819(e) · 95 Stat. 357

   Struck · 42 U.S.C. § 1776(b)

   Pub. L. 97–35, § 819(e), struck out reference to section 1774 of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–35, § 819(e), struck out reference to section 1774 of this title.

   Enacted provision · exact public law section
   (e) Section 7 of the Child Nutrition Act of 1966 is amended by 42 USC 1776. striking out “3, 4, and 5” in subsections (a)(1), (a)(2), and (b) and inserting in lieu thereof “3 and 4”.

10. 1981

    Pub. L. 97–35 § 814(b) · 95 Stat. 357

    Substituted · 42 U.S.C. § 1776(e)

    Pub. L. 97–35, § 814(b), substituted provisions relating to general availability of unobligated funds during fiscal years following the fiscal years for which such funds were made available for provisions relating to availability of unobligated funds for fiscal year 1979 and for the five succeeding fiscal years

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 97–35, § 814(b), substituted provisions relating to general availability of unobligated funds during fiscal years following the fiscal years for which such funds were made available for provisions relating to availability of unobligated funds for fiscal year 1979 and for the five succeeding fiscal years.

    Enacted provision · exact public law section
    (b) Section 7(e) of the Child Nutrition Act is amended to read as follows: “(e) Notwithstanding any other provision of law, funds made available to each State under this section shall remain available for obligation and expenditure by that State during the fiscal year immediately following the fiscal year for which such funds were made available. For each fiscal year the Secretary shall establish date by which each State shall submit to the Secretary a plan for the disbursement of funds provided under this section for each such year, and the Secretary shall reallocate any unused funds, as evidenced by such plans, to other States as the Secretary considers appropriate.

11. 1986

    Pub. L. 99–500 title III · 100 Stat. 1783-360

    1. Amended · 42 U.S.C. § 1776(b)(g)

       Pub. L. 99–500 and Pub. L. 99–591, § 332, and Pub. L. 99–661, § 4212, amended section identically

    2. Redesignated · 42 U.S.C. § 1776(b)(g)

       Pub. L. 99–500 and Pub. L. 99–591, § 332, and Pub. L. 99–661, § 4212, redesignating subsecs. (c) to (h) as (b) to (g), respectively

    3. Struck · 42 U.S.C. § 1776(b)(g)

       Pub. L. 99–500 and Pub. L. 99–591, § 332, and Pub. L. 99–661, § 4212, striking out former subsec. (b) which read as follows: “The Secretary, in cooperation with the several States, shall develop State staffing standards for the administration by each State of sections 4, 11, and 17 of the National School Lunch Act [42 U.S.C. 1753, 1759a, 1766], and sections 1772 and 1773 of this title, that will ensure sufficient staff for the planning and administration of programs covered by State administrative expenses.”

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

    Source evidence

    Code amendment note
    Subsecs. (b) to (g). Pub. L. 99–500 and Pub. L. 99–591, § 332, and Pub. L. 99–661, § 4212, amended section identically, redesignating subsecs. (c) to (h) as (b) to (g), respectively, and striking out former subsec. (b) which read as follows: “The Secretary, in cooperation with the several States, shall develop State staffing standards for the administration by each State of sections 4, 11, and 17 of the National School Lunch Act [42 U.S.C. 1753, 1759a, 1766], and sections 1772 and 1773 of this title, that will ensure sufficient staff for the planning and administration of programs covered by State administrative expenses.”

12. 1986

    Pub. L. 99–500 title III · 100 Stat. 1783-360

    1. Amended · 42 U.S.C. § 1776(h); 42 U.S.C. § 1776(i)

       Pub. L. 99–500 and Pub. L. 99–591, §§ 313, 332(2), and Pub. L. 99–661, §§ 4103, 4212(2), amended section identically

    2. Redesignated · 42 U.S.C. § 1776(h); 42 U.S.C. § 1776(i)

       Pub. L. 99–500 and Pub. L. 99–591, §§ 313, 332(2), and Pub. L. 99–661, §§ 4103, 4212(2), redesignating subsec. (i) as (h)

    3. Redesignated · 42 U.S.C. § 1776(h); 42 U.S.C. § 1776(i)

       Pub. L. 99–500 and Pub. L. 99–591, §§ 313, 332(2), and Pub. L. 99–661, §§ 4103, 4212(2), substituting “1989” for “1984”. Former subsec. (h) redesignated (g)

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

    Source evidence

    Code amendment note
    Subsecs. (h), (i). Pub. L. 99–500 and Pub. L. 99–591, §§ 313, 332(2), and Pub. L. 99–661, §§ 4103, 4212(2), amended section identically, redesignating subsec. (i) as (h) and substituting “1989” for “1984”. Former subsec. (h) redesignated (g).

13. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 § 122(a)(1)(A) · 103 Stat. 877

    Inserted · 42 U.S.C. § 1776(a)(3)

    Pub. L. 101–147, § 122(a)(1)(A), inserted after first sentence “If an agency in the State other than the State educational agency administers such program, the State shall ensure that an amount equal to no less than the funds due the State under this paragraph is provided to such agency for costs incurred by such agency in administering the program, except as provided in paragraph (5).”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 101–147, § 122(a)(1)(A), inserted after first sentence “If an agency in the State other than the State educational agency administers such program, the State shall ensure that an amount equal to no less than the funds due the State under this paragraph is provided to such agency for costs incurred by such agency in administering the program, except as provided in paragraph (5).”

    Enacted provision · exact public law section
    (A) in paragraph (3), by inserting after the first sentence the following new sentence: “If an agency in the State other than the State educational agency administers such program, the State shall ensure that an amount equal to no less than the funds due the State under this paragraph is provided to such agency for costs incurred by such agency in administering the program, except as provided in paragraph (5).”;

14. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 § 122(a)(1)(B) · 103 Stat. 877

    1. Added · 42 U.S.C. § 1776(a)(5)(8)

       Pub. L. 101–147, § 122(a)(1)(B)–(D), added pars. (5) and (8)

    2. Redesignated · 42 U.S.C. § 1776(a)(5)(8)

       Pub. L. 101–147, § 122(a)(1)(B)–(D), redesignated former pars. (5) and (6) as (6) and (7), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(5) to (8). Pub. L. 101–147, § 122(a)(1)(B)–(D), added pars. (5) and (8) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (5) and (6) as paragraphs

15. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 § 122(a)(2) · 103 Stat. 877

    Inserted · 42 U.S.C. § 1776(g)

    Pub. L. 101–147, § 122(a)(2), inserted before period at end “, and that agree to participate fully in any studies authorized by the Secretary”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 101–147, § 122(a)(2), inserted before period at end “, and that agree to participate fully in any studies authorized by the Secretary”.

    Enacted provision · exact public law section
    (2) in subsection (g), by inserting before the period at the end the following: “, and that agree to participate fully in any studies authorized by the Secretary”; and

16. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 § 122(a)(3) · 103 Stat. 877

    Substituted · 42 U.S.C. § 1776(h)

    Pub. L. 101–147, § 122(a)(3), substituted “For the fiscal year beginning October 1, 1977, and each succeeding fiscal year ending before October 1, 1994,” for “For the fiscal years beginning October 1, 1977, and ending September 30, 1989,”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 101–147, § 122(a)(3), substituted “For the fiscal year beginning October 1, 1977, and each succeeding fiscal year ending before October 1, 1994,” for “For the fiscal years beginning October 1, 1977, and ending September 30, 1989,”.

    Enacted provision · exact public law section
    (3) in subsection (h), by striking “For” and all that follows through “1989,” and inserting “For the fiscal year beginning October 1, 1977, and each succeeding fiscal year ending before October 1, 1994,”.

17. 1992

    Homeless Children’s Assistance Act of 1992

    Pub. L. 102–512 § 103(1) · 106 Stat. 3363

    Substituted · 42 U.S.C. § 1776(a)(5)(B)(i)

    Pub. L. 102–512, § 103(1), substituted a colon for “, the Secretary shall—” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(5)(B)(i). Pub. L. 102–512, § 103(1), substituted a colon for “, the Secretary shall—” in introductory provisions.

    Enacted provision · exact public law section
    (1) by striking “, the Secretary shall—” and inserting a colon;

18. 1992

    Homeless Children’s Assistance Act of 1992

    Pub. L. 102–512 § 103(2) · 106 Stat. 3363

    1. Added · 42 U.S.C. § 1776(a)(5)(B)(i)(I)

       Pub. L. 102–512, § 103(2), added subcl. (I)

    2. Struck · 42 U.S.C. § 1776(a)(5)(B)(i)(I)

       Pub. L. 102–512, § 103(2), struck out former subcl. (I) which read as follows: “first allocate, for the purpose of providing grants on an annual basis to private nonprofit organizations participating in projects under section 18(f) of the National School Lunch Act, not less than $3,000,000 in the fiscal year 1992 and not less than $4,000,000 in each of the fiscal years 1993 and 1994; and”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(B)(i)(I). Pub. L. 102–512, § 103(2), added subcl. (I) and struck out former subcl. (I) which read as follows: “first allocate, for the purpose of providing grants on an annual basis to private nonprofit organizations participating in projects under section 18(f) of the National School Lunch Act, not less than $3,000,000 in the fiscal year 1992 and not less than $4,000,000 in each of the fiscal years 1993 and 1994; and”.

    Enacted provision · exact public law section
    (2) by striking subclause (I) and inserting the following new clause: “(I) The Secretary shall allocate, for the purpose of providing grants on an annual basis to public entities and private nonprofit organizations participating in projects under section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c)), not more than $4,000,000 in each of fiscal years 1993 and 1994. Subject to the maximum allocation for the projects for each fiscal year, at the beginning of each of fiscal years 1993 and 1994, the Secretary snail allocate, from funds available under this section that have not been otherwise allocated to the States, an amount equal to the estimates by the Secretary of funds to be returned under this clause, but not less than $1,000,000 in each fiscal year. To the extent that amounts returned to the Secretary are less than estimated or are insufficient to meet the needs of the projects, the Secretary may, subject to the maximum allocations established in this subclause, allocate amounts to meet the needs of the projects from funds available under this section that have not been otherwise allocated to States.”; and

19. 1992

    Homeless Children’s Assistance Act of 1992

    Pub. L. 102–512 § 103(3) · 106 Stat. 3363

    Substituted · 42 U.S.C. § 1776(a)(5)(B)(i)(II)

    Pub. L. 102–512, § 103(3), substituted “After making the allocations under subclause (I), the Secretary shall allocate,” for “then allocate,”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(B)(i)(II). Pub. L. 102–512, § 103(3), substituted “After making the allocations under subclause (I), the Secretary shall allocate,” for “then allocate,”.

    Enacted provision · exact public law section
    (3) in subclause (II), by striking “then allocate,” and inserting “After making the allocations under subclause (I), the Secretary shall allocate,”.

20. 1994

    Healthy Meals for Healthy Americans Act of 1994

    Pub. L. 103–448 § 117(a)(2)(B) · 108 Stat. 4699

    1. Substituted · 42 U.S.C. § 1776(a)(5)(B)(i)(I)

       Pub. L. 103–448, § 117(a)(2)(B), substituted “projects under section 17B of the National School Lunch Act” for “projects under section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c))”

    2. Substituted · 42 U.S.C. § 1776(a)(5)(B)(i)(I)

       Pub. L. 103–448, § 117(a)(2)(B), substituted “fiscal year 1995 and each subsequent fiscal year” for “each of fiscal years 1993 and 1994” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(5)(B)(i)(I). Pub. L. 103–448, § 117(a)(2)(B), substituted “projects under section 17B of the National School Lunch Act” for “projects under section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c))” and substituted “fiscal year 1995 and each subsequent fiscal year” for “each of fiscal years 1993 and 1994” in two places.

    Enacted provision · exact public law section
    (B) Child nutrition act of 1966.— Section 7(a)(5)(B)(i)(I)) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(5)(B)(i)(I)) is amended— (i) by striking “projects under section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c))” and inserting “projects under section 17B of the National School Lunch Act”; and (ii) by striking “each of fiscal years 1993 and 1994” each place it appears and inserting “fiscal year 1995 and each subsequent fiscal year”.

21. 1994

    Healthy Meals for Healthy Americans Act of 1994

    Pub. L. 103–448 § 202(a) · 108 Stat. 4699

    Added · 42 U.S.C. § 1776(a)(9)

    Pub. L. 103–448, § 202(a), added par. (9)

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 103–448, § 202(a), added par. (9).

    Enacted provision · exact public law section
    (a) Withholding.— Section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) is amended by adding at the end the following new paragraph: “(9) (A) If the Secretary determines that the administration of any program by a State under this Act (other than section 17) or under the National School Lunch Act (42 U.S.C. 1751 et seq.), or compliance with a regulation issued pursuant to either of such Acts, is seriously deficient, and the State fails to correct the deficiency within a specified period of time, the Secretary may withhold from the State some or all of the funds allocated to the State under this section or under section 13(k)(l) or 17 of the National School Lunch Act (42 U.S.C. 1761(k)(1) or 1766). “(B) On a subsequent determination by the Secretary that the administration of any program referred to in subparagraph (A), or compliance with the regulations issued to carry out the program, is no longer seriously deficient and is operated in an acceptable manner, the Secretary may allocate some or all of the funds withheld under such subparagraph.’’.

22. 1994

    Healthy Meals for Healthy Americans Act of 1994

    Pub. L. 103–448 § 202(c)(2) · 108 Stat. 4699

    Redesignated · 42 U.S.C. § 1776(h)

    Pub. L. 103–448, § 202(c)(2), added subsec. (h). Former subsec. (h) redesignated (i)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 103–448, § 202(c)(2), added subsec. (h). Former subsec. (h) redesignated (i).

    Enacted provision · exact public law section
    (2) by inserting after subsection (g) the following new subsection: “(h) The Secretary may not provide amounts under this section to a State for administrative costs incurred in any fiscal year unless the State agrees to participate in any study or survey of programs authorized under this Act or the National School Lunch Act (42 U.S.C. 1751 et seq.) and conducted by the Secretary.”.

23. 1994

    Healthy Meals for Healthy Americans Act of 1994

    Pub. L. 103–448 § 202(b) · 108 Stat. 4699

    Substituted · 42 U.S.C. § 1776(h)

    Pub. L. 103–448, § 202(b), substituted “1998” for “1994”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–448, § 202(b), substituted “1998” for “1994”.

    Enacted provision · exact public law section
    (b) Extension of Authority To Provide Funds for State Administrative Expenses.— Section 7(h) of such Act (42 U.S.C. 1776(h)) is amended by striking “1994” and inserting “1998”.

24. 1994

    Healthy Meals for Healthy Americans Act of 1994

    Pub. L. 103–448 § 202(c)(1) · 108 Stat. 4699

    Redesignated · 42 U.S.C. § 1776(i)

    Pub. L. 103–448, § 202(c)(1), redesignated subsec. (h) as (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 103–448, § 202(c)(1), redesignated subsec. (h) as (i).

    Enacted provision · exact public law section
    (1) by redesignating subsection (h) as subsection (i); and

25. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 724(b) · 110 Stat. 2105

    1. Substituted · 42 U.S.C. § 1776(e)

       Pub. L. 104–193, § 724(b), substituted “the initial fiscal year a plan” for “each year an annual plan”

    2. Inserted · 42 U.S.C. § 1776(e)

       Pub. L. 104–193, § 724(b), inserted at end “After submitting the initial plan, a State shall be required to submit to the Secretary for approval only a substantive change in the plan.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–193, § 724(b), substituted “the initial fiscal year a plan” for “each year an annual plan” and inserted at end “After submitting the initial plan, a State shall be required to submit to the Secretary for approval only a substantive change in the plan.”

    Enacted provision · exact public law section
    (b) Approval of Changes.— Section 7(e) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(e)), as so redesignated, is amended— (1) by striking “each year an annual plan” and inserting “the initial fiscal year a plan”; and (2) by adding at the end the following: “After submitting the initial plan, a State shall be required to submit to the Secretary for approval only a substantive change in the plan.”.

26. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 724(a) · 110 Stat. 2105

    1. Redesignated · 42 U.S.C. § 1776(e)

       Pub. L. 104–193, § 724(a), redesignated subsec. (f) as (e)

    2. Struck · 42 U.S.C. § 1776(e)

       Pub. L. 104–193, § 724(a), struck out former subsec. (e) which read as follows: “The State may use a portion of the funds available under this section to assist in the administration of the commodity distribution program.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 724(a), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: “The State may use a portion of the funds available under this section to assist in the administration of the commodity distribution program.”

    Enacted provision · exact public law section
    (a) Use of Funds for Commodity Distribution Administration; Studies.— Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended— (1) by striking subsections (e) and (h); and (2) by redesignating subsections (f), (g), and (i) as subsections (e), (f), and (g), respectively.

27. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 724(a)(2) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1776(f); 42 U.S.C. § 1776(g)

    Pub. L. 104–193, § 724(a)(2), redesignated subsecs. (g) and (i) as (f) and (g), respectively. Former subsec. (f) redesignated (e)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 104–193, § 724(a)(2), redesignated subsecs. (g) and (i) as (f) and (g), respectively. Former subsec. (f) redesignated (e).

    Enacted provision · exact public law section
    (2) by redesignating subsections (f), (g), and (i) as subsections (e), (f), and (g), respectively.

28. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 724(a)(1) · 110 Stat. 2105

    Struck · 42 U.S.C. § 1776(h)

    Pub. L. 104–193, § 724(a)(1), struck out subsec. (h) which read as follows: “The Secretary may not provide amounts under this section to a State for administrative costs incurred in any fiscal year unless the State agrees to participate in any study or survey of programs authorized under this chapter or the National School Lunch Act (42 U.S.C. 1751 et seq.) and conducted by the Secretary.”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 104–193, § 724(a)(1), struck out subsec. (h) which read as follows: “The Secretary may not provide amounts under this section to a State for administrative costs incurred in any fiscal year unless the State agrees to participate in any study or survey of programs authorized under this chapter or the National School Lunch Act (42 U.S.C. 1751 et seq.) and conducted by the Secretary.”

    Enacted provision · exact public law section
    (1) by striking subsections (e) and (h); and

29. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 724(a)(2) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1776(i)

    Pub. L. 104–193, § 724(a)(2), redesignated subsec. (i) as (g)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 104–193, § 724(a)(2), redesignated subsec. (i) as (g).

    Enacted provision · exact public law section
    (2) by redesignating subsections (f), (g), and (i) as subsections (e), (f), and (g), respectively.

30. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 202(a) · 112 Stat. 3143

    1. Amended · 42 U.S.C. § 1776(a)(5)(B)

       Pub. L. 105–336, § 202(a), amended subpar. (B) generally

    2. Substituted · 42 U.S.C. § 1776(a)(5)(B)

       Pub. L. 105–336, § 202(a), substituting present provisions for provisions which related to return of unexpended funds to Secretary and reallocation of such funds to provide annual grants to public entities and private nonprofit organizations participating in projects under former section 1766b of this title

    Source evidence

    Code amendment note
    Subsec. (a)(5)(B). Pub. L. 105–336, § 202(a), amended subpar. (B) generally, substituting present provisions for provisions which related to return of unexpended funds to Secretary and reallocation of such funds to provide annual grants to public entities and private nonprofit organizations participating in projects under former section 1766b of this title.

    Enacted provision · exact public law section
    (a) Homeless Shelters.— Section 7(a)(5)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(5)(B)) is amended to read as follows: “(B) Reallocation of funds.— “(i) Return to secretary.— For each fiscal year, any amounts appropriated that are not obligated or expended during the fiscal year and are not carried over for the succeeding fiscal year under subparagraph (A) shall be returned to the Secretary. “(ii) Reallocation by secretary.— The Secretary shall allocate, for purposes of administrative costs, any remaining amounts among States that demonstrate a need for the amounts.”.

31. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 202(b) · 112 Stat. 3143

    Amended · 42 U.S.C. § 1776(a)(6)

    Pub. L. 105–336, § 202(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “Funds available to States under this subsection and under section 13(k)(1) of the National School Lunch Act shall be used for the costs of administration of the programs for which the allocations are made, except that States may transfer up to 10 percent of any of the amounts allocated among such programs.”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 105–336, § 202(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “Funds available to States under this subsection and under section 13(k)(1) of the National School Lunch Act shall be used for the costs of administration of the programs for which the allocations are made, except that States may transfer up to 10 percent of any of the amounts allocated among such programs.”

    Enacted provision · exact public law section
    (b) Elimination of 10 Percent Transfer Limitation.— Section 7(a)(6) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(6)) is amended to read as follows: “(6) Use of administrative funds.— Funds available to a State under this subsection and under section 13(k)(1) of the National School Lunch Act (42 U.S.C. 1761(k)(1)) may be used by the State for the costs of administration of the programs authorized under this Act (except for the programs authorized under sections 17 and 21) and the National School Lunch Act (42 U.S.C. 1751 et seq.) without regard to the basis on which the funds were earned and allocated.”.

32. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 202(c) · 112 Stat. 3143

    Substituted · 42 U.S.C. § 1776(g)

    Pub. L. 105–336, § 202(c), substituted “2003” for “1998”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–336, § 202(c), substituted “2003” for “1998”.

    Enacted provision · exact public law section
    (c) Reauthorization of Program.— Section 7(g) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(g)) is amended by striking “1998” and inserting “2003”.

33. 1999

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

    Substituted · 42 U.S.C. § 1776(a); 42 U.S.C. § 1776(f)

    Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a), (f). Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act” wherever appearing.

    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)).

34. 2000

    Agricultural Risk Protection Act of 2000

    Pub. L. 106–224 title II § 243(j) · 114 Stat. 358

    Inserted · 42 U.S.C. § 1776(a)(9)(A)

    Pub. L. 106–224 inserted “(including any requirement to provide sufficient training, technical assistance, and monitoring of the child and adult care food program under section 17 of that Act (42 U.S.C. 1766))” after “(42 U.S.C. 1751 et seq.)”

    Source evidence

    Code amendment note
    Subsec. (a)(9)(A). Pub. L. 106–224 inserted “(including any requirement to provide sufficient training, technical assistance, and monitoring of the child and adult care food program under section 17 of that Act (42 U.S.C. 1766))” after “(42 U.S.C. 1751 et seq.)”.

    Enacted provision · exact public law section
    (j) Withholding of Funds for Failure to Provide Sufficient Training, Technical Assistance, and Monitoring.— Section 7(a)(9)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(9)(A)) is amended by inserting after “the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)” the following: “(including any requirement to provide sufficient training, technical assistance, and monitoring of the child and adult care food program under section 17 of that Act (42 U.S.C. 1766))”.

35. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 202(a)(1) · 118 Stat. 729

    Inserted · 42 U.S.C. § 1776(a)

    Pub. L. 108–265, § 202(a)(1), inserted heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–265, § 202(a)(1), inserted heading.

    Enacted provision · exact public law section
    (1) by striking the section heading and all that follows through “(a)(1) Each” and inserting the following: “SEC. 7. STATE ADMINISTRATIVE EXPENSES. “(a) Amount and Allocation of Funds.— “(1) Amount available.— “(A) In general.— Except as provided in subparagraph (B), each” ;

36. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 202(a)(1) · 118 Stat. 729

    1. Inserted · 42 U.S.C. § 1776(a)(1)

       Pub. L. 108–265, § 202(a)(1), (2)(A), inserted par. heading

    2. Amended · 42 U.S.C. § 1776(a)(1)

       Pub. L. 108–265, § 202(a)(1), (2)(A), designated first and second sentences as subpars. (A) and (C), respectively

    3. Substituted · 42 U.S.C. § 1776(a)(1)

       Pub. L. 108–265, § 202(a)(1), (2)(A), inserted subpar. (A) and (C) headings, in subpar. (A) substituted “Except as provided in subparagraph (B), each” for “Each”

    4. Added · 42 U.S.C. § 1776(a)(1)

       Pub. L. 108–265, § 202(a)(1), (2)(A), added subpar. (B)

    5. Struck · 42 U.S.C. § 1776(a)(1)

       Pub. L. 108–265, § 202(a)(1), (2)(A), struck out at end “There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 108–265, § 202(a)(1), (2)(A), inserted par. heading, designated first and second sentences as subpars. (A) and (C), respectively, inserted subpar. (A) and (C) headings, in subpar. (A) substituted “Except as provided in subparagraph (B), each” for “Each”, added subpar. (B), and struck out at end “There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.”

    Enacted provision · exact public law section
    (1) by striking the section heading and all that follows through “(a)(1) Each” and inserting the following: “SEC. 7. STATE ADMINISTRATIVE EXPENSES. “(a) Amount and Allocation of Funds.— “(1) Amount available.— “(A) In general.— Except as provided in subparagraph (B), each” ;

37. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 202(a)(2)(B) · 118 Stat. 729

    1. Inserted · 42 U.S.C. § 1776(a)(2)

       Pub. L. 108–265, § 202(a)(2)(B), inserted par. heading

    2. Amended · 42 U.S.C. § 1776(a)(2)

       Pub. L. 108–265, § 202(a)(2)(B), designated existing provisions as subpars. (A) and (B)(i)

    3. Substituted · 42 U.S.C. § 1776(a)(2)

       Pub. L. 108–265, § 202(a)(2)(B), inserted headings, in subpar. (A) substituted “Subject to subparagraph (B), the” for “The”

    4. Substituted · 42 U.S.C. § 1776(a)(2)

       Pub. L. 108–265, § 202(a)(2)(B), inserted headings, in subpar. (A) substituted “this paragraph” for “this subsection”

    5. Substituted · 42 U.S.C. § 1776(a)(2)

       Pub. L. 108–265, § 202(a)(2)(B), inserted headings, in subpar. (A) substituted “$200,000 (as adjusted under clause (ii)” for “$100,000”

    6. Added · 42 U.S.C. § 1776(a)(2)

       Pub. L. 108–265, § 202(a)(2)(B), added subpar. (B)(ii)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 108–265, § 202(a)(2)(B), inserted par. heading, designated existing provisions as subpars. (A) and (B)(i), inserted headings, in subpar. (A) substituted “Subject to subparagraph (B), the” for “The”, in subpar. (B)(i) substituted “this paragraph” for “this subsection” and “$200,000 (as adjusted under clause (ii)” for “$100,000”, and added subpar. (B)(ii).

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) by striking “(2) The” and inserting the following: “(2) Expense grants.— “(A) In general.— Subject to subparagraph (B), the” ; (ii) in the second sentence— (I) by striking “In no case” and inserting the following: “(B) Minimum amount.— “(i) In general.— In no case” ; (II) by striking “this subsection” and inserting “this paragraph”; and (III) by striking “$100,000” and inserting “$200,000 (as adjusted under clause (ii)”; and (iii) by adding at the end the following: “(ii) Adjustment.— On October 1, 2008, and each October 1 thereafter, the minimum dollar amount for a fiscal year specified in clause (i) shall be adjusted to reflect the percentage change between— “(I) the value of the index for State and local government purchases, as published by the Bureau of Economic Analysis of the Department of Commerce, for the 12-month period ending June 30 of the second preceding fiscal year; and “(II) the value of that index for the 12-month period ending June 30 of the preceding fiscal year.” .

38. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 126(c)(1) · 118 Stat. 729

    1. Inserted · 42 U.S.C. § 1776(e)

       Pub. L. 108–265, § 126(c)(1), inserted subsec. heading

    2. Amended · 42 U.S.C. § 1776(e)

       Pub. L. 108–265, § 126(c)(1), designated existing provisions as par. (1)

    3. Inserted · 42 U.S.C. § 1776(e)

       Pub. L. 108–265, § 126(c)(1), inserted par. heading

    4. Struck · 42 U.S.C. § 1776(e)

       Pub. L. 108–265, § 126(c)(1), struck out last sentence requiring a State, after submitting the initial plan, to submit to the Secretary for approval only a substantive change in the plan

    5. Added · 42 U.S.C. § 1776(e)

       Pub. L. 108–265, § 126(c)(1), added pars. (2) and (3)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–265, § 126(c)(1), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, struck out last sentence requiring a State, after submitting the initial plan, to submit to the Secretary for approval only a substantive change in the plan, and added pars. (2) and (3).

    Enacted provision · exact public law section
    (1) in subsection (e)— (A) by striking “(e) Each” and inserting the following: “(e) Plans for Use of Administrative Expense Funds.— “(1) In general.— Each” ; and (B) by striking “After submitting” and all that follows through “change in the plan.” and inserting the following: “(2) Updates and information management systems.— “(A) In general.— After submitting the initial plan, a State shall be required to submit to the Secretary for approval only a substantive change in the plan. “(B) Plan contents.— Each State plan shall, at a minimum, include a description of how technology and information management systems will be used to improve program integrity by— “(i) monitoring the nutrient content of meals served; “(ii) training local educational agencies, school food authorities, and schools in how to use technology and information management systems (including verifying eligibility for free or reduced price meals using program participation or income data gathered by State or local agencies); and “(iii) using electronic data to establish benchmarks to compare and monitor program integrity, program participation, and financial data. “(3) Training and technical assistance.— Each State shall submit to the Secretary for approval a plan describing the manner in which the State intends to implement subsection (g) and section 22(b)(3) of the Richard B. Russell National School Lunch Act.” ;

39. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 126(c)(3) · 118 Stat. 729

    Redesignated · 42 U.S.C. § 1776(g); 42 U.S.C. § 1776(h)

    Pub. L. 108–265, § 126(c)(3), added subsecs. (g) and (h). Former subsec. (g) redesignated (j)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 108–265, § 126(c)(3), added subsecs. (g) and (h). Former subsec. (g) redesignated (j).

    Enacted provision · exact public law section
    (3) by inserting after subsection (f) the following: “(g) State Training.— “(1) In general.— At least annually, each State shall provide training in administrative practices (including training in application, certification, verification, meal counting, and meal claiming procedures) to local educational agency and school food authority administrative personnel and other appropriate personnel, with emphasis on the requirements established by the Child Nutrition and WIC Reauthorization Act of 2004 and the amendments made by that Act. “(2) Federal role.— The Secretary shall— “(A) provide training and technical assistance to a State; or “(B) at the option of the Secretary, directly provide training and technical assistance described in paragraph (1). “(3) Required participation.— In accordance with procedures established by the Secretary, each local educational agency or school food authority shall ensure that an individual conducting or overseeing administrative procedures described in paragraph (1) receives training at least annually, unless determined otherwise by the Secretary. “(h) Funding for Training and Administrative Reviews.— “(1) Funding.— “(A) In general.— On October 1, 2004, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this subsection $4,000,000, to remain available until expended. “(B) Receipt and acceptance.— The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation. “(2) Use of funds.— “(A) In general.— Except as provided in subparagraph (B), the Secretary shall use funds provided under this subsection to assist States in carrying out subsection (g) and administrative reviews of selected local educational agencies carried out under section 22 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769c). “(B) Exception.— The Secretary may retain a portion of the amount provided to cover costs of activities carried out by the Secretary in lieu of the State. “(3) Allocation.— The Secretary shall allocate funds provided under this subsection to States based on the number of local educational agencies that have demonstrated a high level of, or a high risk for, administrative error, as determined by the Secretary, taking into account the requirements established by the Child Nutrition and WIC Reauthorization Act of 2004 and the amendments made by that Act. “(4) Reallocation.— The Secretary may reallocate, to carry out this section, any amounts made available to carry out this subsection that are not obligated or expended, as determined by the Secretary.” .

40. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 202(b) · 118 Stat. 729

    Added · 42 U.S.C. § 1776(i)

    Pub. L. 108–265, § 202(b), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 108–265, § 202(b), added subsec. (i).

    Enacted provision · exact public law section
    (b) Technology Infrastructure Improvement.— Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended by inserting after subsection (h) (as added by section 126(c)(3)) the following: “(i) Technology Infrastructure Improvement.— “(1) In general.— Each State shall submit to the Secretary, for approval by the Secretary, an amendment to the plan required by subsection (e) that describes the manner in which funds provided under this section will be used for technology and information management systems. “(2) Requirements.— The amendment shall, at a minimum, describe the manner in which the State will improve program integrity by— “(A) monitoring the nutrient content of meals served; “(B) providing training to local educational agencies, school food authorities, and schools on the use of technology and information management systems for activities including— “(i) menu planning; “(ii) collection of point-of-sale data; and “(iii) the processing of applications for free and reduced price meals; and “(C) using electronic data to establish benchmarks to compare and monitor program integrity, program participation, and financial data across schools and school food authorities. “(3) Technology infrastructure grants.— “(A) In general.— Subject to the availability of funds made available under paragraph (4) to carry out this paragraph, the Secretary shall, on a competitive basis, provide funds to States to be used to provide grants to local educational agencies, school food authorities, and schools to defray the cost of purchasing or upgrading technology and information management systems for use in programs authorized by this Act (other than section 17) and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). “(B) Infrastructure development plan.— To be eligible to receive a grant under this paragraph, a school or school food authority shall submit to the State a plan to purchase or upgrade technology and information management systems that addresses potential cost savings and methods to improve program integrity, including— “(i) processing and verification of applications for free and reduced price meals; “(ii) integration of menu planning, production, and serving data to monitor compliance with section 9(f)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(1)); and “(iii) compatibility with statewide reporting systems. “(4) Authorization of appropriations.— There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2005 through 2009, to remain available until expended.” .

41. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 202(c) · 118 Stat. 729

    Substituted · 42 U.S.C. § 1776(j)

    Pub. L. 108–265, § 202(c), substituted “2009” for “2003”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 108–265, § 202(c), substituted “2009” for “2003”.

    Enacted provision · exact public law section
    (c) Reauthorization.— Subsection (j) of section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) (as redesignated by section 126(c)(2)) is amended by striking “2003” and inserting “2009”.

42. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 126(c)(2) · 118 Stat. 729

    Redesignated · 42 U.S.C. § 1776(j)

    Pub. L. 108–265, § 126(c)(2), redesignated subsec. (g) as (j)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–265, § 126(c)(2), redesignated subsec. (g) as (j).

    Enacted provision · exact public law section
    (2) by redesignating subsection (g) as subsection (j); and

43. 2010

    Healthy, Hunger-Free Kids Act of 2010

    Pub. L. 111–296 § 441(b)(1) · 124 Stat. 3183

    1. Substituted · 42 U.S.C. § 1776(a)(1)

       Pub. L. 111–296, § 441(b)(1), substituted “Each fiscal year” for “Except as provided in subparagraph (B), each fiscal year” in subpar. (A)

    2. Redesignated · 42 U.S.C. § 1776(a)(1)

       Pub. L. 111–296, § 441(b)(1), redesignated subpar. (C) as (B)

    3. Struck · 42 U.S.C. § 1776(a)(1)

       Pub. L. 111–296, § 441(b)(1), struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “In the case of each of fiscal years 2005 through 2007, the Secretary shall make available to each State for administrative costs not less than the initial allocation made to the State under this subsection for fiscal year 2004.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–296, § 441(b)(1), substituted “Each fiscal year” for “Except as provided in subparagraph (B), each fiscal year” in subpar. (A), redesignated subpar. (C) as (B), and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “In the case of each of fiscal years 2005 through 2007, the Secretary shall make available to each State for administrative costs not less than the initial allocation made to the State under this subsection for fiscal year 2004.”

    Enacted provision · exact public law section
    (1) State administrative expenses minimum levels for 2005 through 2007.— Section 7(a)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(1)) is amended— (A) in subparagraph (A), by striking “Except as provided in subparagraph (B), each fiscal year” and inserting “Each fiscal year”; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B).

    Effective date note
    Amendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.

44. 2010

    Healthy, Hunger-Free Kids Act of 2010

    Pub. L. 111–296 § 306 · 124 Stat. 3183

    1. Added · 42 U.S.C. § 1776(g)

       Pub. L. 111–296, § 306, added subsec. (g)

    2. Struck · 42 U.S.C. § 1776(g)

       Pub. L. 111–296, § 306, struck out former subsec. (g) which required each State to provide, at least annually, training in administrative practices, with emphasis on the requirements established by the Child Nutrition and WIC Reauthorization Act of 2004, and set out the Federal role and procedures for required participation

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 111–296, § 306, added subsec. (g) and struck out former subsec. (g) which required each State to provide, at least annually, training in administrative practices, with emphasis on the requirements established by the Child Nutrition and WIC Reauthorization Act of 2004, and set out the Federal role and procedures for required participation.

    Enacted provision · exact public law section
    SEC. 306. PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE.   Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended by striking subsection (g) and inserting the following: “(g) Professional Standards for School Food Service.— “(1) Criteria for school food service and state agency directors.— “(A) School food service directors.— “(i) In general.— The Secretary shall establish a program of required education, training, and certification for all school food service directors responsible for the management of a school food authority. “(ii) Requirements.— The program shall include— “(I) minimum educational requirements necessary to successfully manage the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of this Act; “(II) minimum program training and certification criteria for school food service directors; and “(III) minimum periodic training criteria to maintain school food service director certification. “(B) School nutrition state agency directors.— The Secretary shall establish criteria and standards for States to use in the selection of State agency directors with responsibility for the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of this Act. “(C) Training program partnership.— The Secretary may provide financial and other assistance to 1 or more professional food service management organizations— “(i) to establish and manage the program under this paragraph; and “(ii) to develop voluntary training and certification programs for other school food service workers. “(D) Required date of compliance.— “(i) School food service directors.— The Secretary shall establish a date by which all school food service directors whose local educational agencies are participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of this Act shall be required to comply with the education, training, and certification criteria established in accordance with subparagraph (A). “(ii) School nutrition state agency directors.— The Secretary shall establish a date by which all State agencies shall be required to comply with criteria and standards established in accordance with subparagraph (B) for the selection of State agency directors with responsibility for the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of this Act. “(2) Training and certification of food service personnel.— “(A) Training for individuals conducting or overseeing administrative procedures.— “(i) In general.— At least annually, each State shall provide training in administrative practices (including training in application, certification, verification, meal counting, and meal claiming procedures) to local educational agency and school food authority personnel and other appropriate personnel. “(ii) Federal role.— The Secretary shall— “(I) provide training and technical assistance described in clause (i) to the State; or “(II) at the option of the Secretary, directly provide training and technical assistance described in clause (i). “(iii) Required participation.— In accordance with procedures established by the Secretary, each local educational agency or school food authority shall ensure that an individual conducting or overseeing administrative procedures described in clause (i) receives training at least annually, unless determined otherwise by the Secretary. “(B) Training and certification of all local food service personnel.— “(i) In general.— The Secretary shall provide training designed to improve— “(I) the accuracy of approvals for free and reduced price meals; and “(II) the identification of reimbursable meals at the point of service. “(ii) Certification of local personnel.— In accordance with criteria established by the Secretary, local food service personnel shall complete annual training and receive annual certification— “(I) to ensure program compliance and integrity; and “(II) to demonstrate competence in the training provided under clause (i). “(iii) Training modules.— In addition to the topics described in clause (i), a training program carried out under this subparagraph shall include training modules on— “(I) nutrition; “(II) health and food safety standards and methodologies; and “(III) any other appropriate topics, as determined by the Secretary. “(3) Funding.— “(A) In general.— Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection, to remain available until expended— “(i) on October 1, 2010, $5,000,000; and “(ii) on each October 1 thereafter, $1,000,000. “(B) Receipt and acceptance.— The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.” .

    Effective date note
    Amendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.

45. 2010

    Healthy, Hunger-Free Kids Act of 2010

    Pub. L. 111–296 § 421 · 124 Stat. 3183

    Substituted · 42 U.S.C. § 1776(i)(4)

    Pub. L. 111–296, § 421, substituted “2010 through 2015” for “2005 through 2009”

    Source evidence

    Code amendment note
    Subsec. (i)(4). Pub. L. 111–296, § 421, substituted “2010 through 2015” for “2005 through 2009”.

    Enacted provision · exact public law section
    SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT.   Section 7(i)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(i)(4)) is amended by striking “2005 through 2009” and inserting “2010 through 2015”.

    Effective date note
    Amendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.

46. 2010

    Healthy, Hunger-Free Kids Act of 2010

    Pub. L. 111–296 § 422 · 124 Stat. 3183

    Substituted · 42 U.S.C. § 1776(j)

    Pub. L. 111–296, § 422, substituted “October 1, 2015” for “October 1, 2009”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 111–296, § 422, substituted “October 1, 2015” for “October 1, 2009”.

    Enacted provision · exact public law section
    SEC. 422. STATE ADMINISTRATIVE EXPENSES.   Section 7(j) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(j)) is amended by striking “October 1, 2009” and inserting “October 1, 2015”.

    Effective date note
    Amendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.

47. 2026

    Pub. L. 119–69 § 3(b) · 139 Stat. 1998

    Substituted · 42 U.S.C. § 1776(g)(2)(B)(ii)(II)

    Pub. L. 119–69, § 3(b), substituted “clauses (i) and (iii)” for “clause (i)”

    Unresolved: Pub. L. 119–69 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (g)(2)(B)(ii)(II). Pub. L. 119–69, § 3(b), substituted “clauses (i) and (iii)” for “clause (i)”.

48. 2026

    Pub. L. 119–69 § 3(a) · 139 Stat. 1998

    1. Added · 42 U.S.C. § 1776(g)(2)(B)(iii)(II)(IV)

       Pub. L. 119–69, § 3(a), added subcl. (II)

    2. Redesignated · 42 U.S.C. § 1776(g)(2)(B)(iii)(II)(IV)

       Pub. L. 119–69, § 3(a), redesignated former subcls. (II) and (III) as (III) and (IV), respectively

    Unresolved: Pub. L. 119–69 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (g)(2)(B)(iii)(II) to (IV). Pub. L. 119–69, § 3(a), added subcl. (II) and redesignated former subcls. (II) and (III) as (III) and (IV), respectively.

67 of 78 references resolved to an enrolled provision · 2 partial · 9 unresolved