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8 U.S.C. § 1621 — Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other Acts

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8 U.S.C. § 1621 — Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other Acts

**(a) School lunch and breakfast programs** Notwithstanding any other provision of this Act, an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school lunch program under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ([42 U.S.C. 1773](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1773&num=0&edition=prelim)) on the basis of citizenship, alienage, or immigration status. **(b) Other programs** (1) **In general** — Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in [section 1641(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641/b&num=0&edition=prelim), benefits under programs established under the provisions of law described in paragraph (2). (2) **Provisions of law described** — The provisions of law described in this paragraph are the following: (A) Programs (other than the school lunch program and the school breakfast program) under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.) and the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.). (B) Section 4 of the Agriculture and Consumer Protection Act of 1973 ([7 U.S.C. 612c](https://uscode.house.gov

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Source location: Title 8, Chapter 14, § 1621; chapter-014-restricting-welfare-and-public-benefits-for-aliens.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1773 — School breakfast program

**(a) Establishment; authorization of appropriations** There is hereby authorized to be appropriated such sums as are necessary to enable the Secretary to carry out a program to assist the States and the Department of Defense through grants-in-aid and other means to initiate, maintain, or expand nonprofit breakfast programs in all schools which make application for assistance and agree to carry out a nonprofit breakfast program in accordance with this chapter. Appropriations and expenditures for this chapter shall be considered Health and Human Services functions for budget purposes rather than functions of Agriculture. **(b) Breakfast assistance payments to State educational agencies; calculation; national average payments for breakfasts, free breakfasts and reduced price breakfasts; maximum price for reduced cost breakfasts; minimum daily nutrition requirements criteria; additional payments for severe need schools; maximum severe need payments** (1) (A) (i) The Secretary shall make breakfast 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 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. (ii) The agreements described in clause (i)(I) shall be permanent agreements that may be amended

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42 U.S.C. § 1751 — Congressional declaration of policy

It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.

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42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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7 U.S.C. § 612c — Appropriation to encourage exportation and domestic consumption of agricultural products

There is appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers’ purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes

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7 U.S.C. § 7501 — Definitions

In this chapter: (1) **Additional commodities** — The term “additional commodities” means commodities made available under [section 7515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7515&num=0&edition=prelim) in addition to the commodities made available under sections 7502 and 7507 of this title. (2) **Average monthly number of unemployed persons** — The term “average monthly number of unemployed persons” means the average monthly number of unemployed persons in each State during the most recent fiscal year for which information concerning the number of unemployed persons is available, as determined by the Bureau of Labor Statistics of the Department of Labor. (3) **Eligible recipient agency** — The term “eligible recipient agency” means a public or nonprofit organization that— (A) administers— (i) an emergency feeding organization; (ii) a charitable institution (including a hospital and a retirement home, but excluding a penal institution) to the extent that the institution serves needy persons; (iii) a summer camp for children, or a child nutrition program providing food service; (iv) a nutrition project operating under the Older Americans Act of 1965 ([42 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3001&num=0&edition=prelim) et seq.), including a project that operates a congregate nutrition site and a project that provides home-delivered meals; or (v) a disaster relief program; (B) has been designated by the appropriate State agency, or by the Secretary; and (C) has been approved by the Secretary for participation in the program established under this chapter. (4) **Emergency feeding organization** — The term “emergency feeding organization

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42 U.S.C. § 1771 — Congressional declaration of purpose

In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation’s children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children.

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8 U.S.C. § 1643 — Verification of eligibility for Federal public benefits

**(a) In general** (1) Not later than 18 months after August 22, 1996, the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall promulgate regulations requiring verification that a person applying for a Federal public benefit (as defined in [section 1611(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1611/c&num=0&edition=prelim)), to which the limitation under [section 1611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1611&num=0&edition=prelim) applies, is a qualified alien and is eligible to receive such benefit. Such regulations shall, to the extent feasible, require that information requested and exchanged be similar in form and manner to information requested and exchanged under [section 1320b–7 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b–7&num=0&edition=prelim). Not later than 90 days after August 5, 1997, the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall issue interim verification guidance. (2) Not later than 18 months after August 22, 1996, the Attorney General, in consultation with the Secretary of Health and Human Services, shall also establish procedures for a person applying for a Federal public benefit (as defined in [section 1611(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1611/c&num=0&edition=prelim)) to provide proof of citizenship in a fair and nondiscriminatory manner. (3) Not later than 90 days after August 5, 1997, the Attorney General shall promulgate regulations which set forth the procedures by which a State or local government can v

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42 U.S.C. § 1751 — Congressional declaration of policy

Page 4878 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1751 Sec. 1755b. Pulse crop products. 1756. Payments to States. 1757. State disbursement to schools. 1758. Program requirements. 1758a. State performance on enrolling children re- ceiving program benefits for free school meals. 1758b. Local school wellness policy. 1759. Direct disbursement to schools by Secretary. 1759a. Special assistance funds. 1760. Miscellaneous provisions. 1761. Summer food service program for children. 1762. Summer electronic benefits transfer for chil- dren program. 1762a. Commodity distribution program. 1763, 1764. Repealed. 1765. Election to receive cash payments. 1766. Child and adult care food program. 1766a. Meal supplements for children in afterschool care. 1766b to 1768. Repealed. 1769. Pilot projects. 1769a. Fresh fruit and vegetable program. 1769b. Department of Defense overseas dependents’ schools. 1769b–1. Training, technical assistance, and food serv- ice management institute. 1769c. Compliance and accountability. 1769d. Childhood hunger research. 1769e. State childhood hunger challenge grants. 1769f. Duties of Secretary relating to nonprocure- ment debarment. 1769g. Information clearinghouse. 1769h. Repealed. 1769i. Program evaluation. 1769j. Ensuring safety of school meals. § 1751. Congressional declaration of policy It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in- aid and other means, in providing an adequate supply of foods and other facilities for the estab- lishment, maintenance, o

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42 U.S.C. § 1771 — Congressional declaration of purpose

Page 5002 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1771 (3) improve the timeliness and completeness of direct communication between the Food and Nutrition Service and States about holds and recalls, such as through the commodity alert system of the Food and Nutrition Serv- ice; and (4) establish a timeframe to improve the commodity hold and recall procedures of the Department of Agriculture to address the role of processors and determine the involvement of distributors with processed products that may contain recalled ingredients, to facilitate the provision of more timely and complete in- formation to schools. (b) Food Safety and Inspection Service Not later than 1 year after December 13, 2010, the Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall revise the procedures of the Food Safety and In- spection Service to ensure that schools are in- cluded in effectiveness checks. (June 4, 1946, ch. 281, § 29, as added Pub. L. 111–296, title III, § 308, Dec. 13, 2010, 124 Stat. 3246.) Editorial Notes REFERENCES IN TEXT The Child Nutrition Act of 1966, referred to in subsec. (a)(1), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2010, except as otherwise spe- cifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title. CHAPTER 13A—CHILD NUTRITION Sec. 1771. Congressional declaration of purpose. 1772. Special program to encourage the consum

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42 U.S.C. § 1773 — School breakfast program

Page 5004 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1773 amendment by Pub. L. 99–661 was enacted, resulting in no change in text, see 1986 Amendment note below. Subsec. (a)(1). Pub. L. 101–147, § 321(1), substituted ‘‘the Secretary’’ for ‘‘he’’ before ‘‘may deem’’. Subsec. (a)(2). Pub. L. 101–147, § 321(2), struck out ‘‘(42 U.S.C. 1751 et seq.)’’ after ‘‘National School Lunch Act’’. Subsec. (a)(4). Pub. L. 101–147, § 321(3), substituted ‘‘the Secretary’’ for ‘‘he’’. Subsec. (a)(5). Pub. L. 101–147, § 321(4), substituted ‘‘its’’ for ‘‘their’’ before ‘‘request’’. Subsec. (a)(10). Pub. L. 101–147, § 211(b), added par. (10). 1986—Subsec. (a). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 amended subsec. (a) identically, desig- nating existing provisions as pars. (1) and (3) to (9), in par. (1), redesignating former cls. (1) and (2) as subpars. (A) and (B) and inserting ‘‘except as provided in para- graph (2),’’ in subpar. (A), and adding par. (2). 1981—Subsec. (a). Pub. L. 97–35, § 813(c)(1), designated existing provisions as subsec. (a). Pub. L. 97–35, § 807, inserted provisions respecting nonparticipation in a meal service program, and struck out provisions relating to rate of reimbursement per half-pint of milk served to children not eligible for free milk in schools, child care institutions, and summer camps participating in meal service programs under the National School Lunch Act. Subsec. (b). Pub. L. 97–35, § 813(c)(2), added subsec. (b). 1980—Pub. L. 96–499 provided that rate of reimburse- ment per half-pint of milk, served to children not eligi- ble for free milk in schools, child care institutions, and summer camps participating in meal service programs under the National School Lunch Act and this chapter was to be five cents. 197

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