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42 U.S.C. § 1752 — Authorization of appropriations; “Secretary” defined
Federal law — U.S. Code and appendices · legal_authorities
For each fiscal year, there is authorized to be appropriated, out of money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as “the Secretary”) to carry out the provisions of this chapter, other than sections 1761 and 1766 of this title. Appropriations to carry out the provisions of this chapter and of the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.] for any fiscal year are authorized to be made a year in advance of the beginning of the fiscal year in which the funds will become available for disbursement to the States. Notwithstanding any other provision of law, any funds appropriated to carry out the provisions of this chapter and the Child Nutrition Act of 1966 shall remain available for the purposes of the Act for which appropriated until expended.
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Source location: Title 42, Chapter 13, § 1752; chapter-013-school-lunch-programs.md
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For each fiscal year, there is authorized to be appropriated, out of money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as “the Secretary”) to carry out the provisions of this chapter, other than sections 1761 and 1766 of this title. Appropriations to carry out the provisions of this chapter and of the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.] for any fiscal year are authorized to be made a year in advance of the beginning of the fiscal year in which the funds will become available for disbursement to the States. Notwithstanding any other provision of law, any funds appropriated to carry out the provisions of this chapter and the Child Nutrition Act of 1966 shall remain available for the purposes of the Act for which appropriated until expended.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Formula for computation of payments; computation for lunches to eligible children in schools funding service to ineligible children from non-Federal sources; special assistance factors; annual adjustments**
(1)
(A) Except as provided in [section 1759 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1759&num=0&edition=prelim), in each fiscal year each State educational agency shall receive special assistance payments in an amount equal to the sum of the product obtained by multiplying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to [section 1758(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/a&num=0&edition=prelim)) served free to children eligible for such lunches in schools within that State during such fiscal year by the special assistance factor for free lunches prescribed by the Secretary for such fiscal year and the product obtained by multiplying the number of lunches served at a reduced price to children eligible for such reduced price lunches in schools within that State during such fiscal year by the special assistance factor for reduced price lunches prescribed by the Secretary for such fiscal year.
(B) Except as provided in subparagraph (C), (D), (E), or (F), in the case of any school which determines that at least 80 percent of the children in attendance during a school year (hereinafter in this sentence referred to as the “first school year”) are eligible for free lunches or reduced price lunches, special assistance payments shall be paid to the State educational agency with respect to that school, if that school so requests for the school year following
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1759a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Definitions** — In this section:
(A) *Area in which poor economic conditions exist*
(i) *In general* — Subject to clause (ii), the term “area in which poor economic conditions exist”, as the term relates to an area in which a program food service site is located, means—
(I) the attendance area of a school in which at least 50 percent of the enrolled children have been determined eligible for free or reduced price school meals under this chapter 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.);
(II) a geographic area, as defined by the Secretary based on the most recent census data available, in which at least 50 percent of the children residing in that area are eligible for free or reduced price school meals under this chapter 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.);
(III) an area—
(aa) for which the program food service site documents the eligibility of enrolled children through the collection of income eligibility statements from the families of enrolled children or other means; and
(bb) at least 50 percent of the children enrolled at the program food service site meet the income standards for free or reduced price school meals under this chapter 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.);
(IV) a geographic area, as defined by the Secretary based on information provided from a department of welfare or zoning commission, in which a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1761
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Federal law — U.S. Code and appendices · legal_authorities
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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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The sums appropriated for any fiscal year pursuant to the authorizations contained in [section 1752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1752&num=0&edition=prelim) shall be available to the Secretary for supplying agricultural commodities and other food for the program in accordance with the provisions of this chapter.
**(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 1758(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/a&num=0&edition=prelim)) served during such fiscal year in schools in such State which participate in the school lunch program under this chapter 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 1759a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1759a/a&num=0&edition=prelim)) 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.
(3) **Additional reimbursement.—**
(A) *Regulations.—*
(i) *
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1753
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 4, 1946, ch. 281, § 15, as added June 30, 1971, Pub. L. 92–32, § 1, 85 Stat. 85, authorized use, during fiscal 1971, of not to exceed $35,000,000 from [section 612c of Title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section612c&num=0&edition=prelim), and not to exceed $100,000,000 during fiscal 1972 to carry out provisions of this chapter, with unexpended funds to remain available in accordance with last sentence of [section 1752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1752&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional findings and declaration of purpose** Congress finds that substantial numbers of pregnant, postpartum, and breastfeeding women, infants, and young children from families with inadequate income are at special risk with respect to their physical and mental health by reason of inadequate nutrition or health care, or both. It is, therefore, the purpose of the program authorized by this section to provide, up to the authorization levels set forth in subsection (g) of this section, supplemental foods and nutrition education, including breastfeeding promotion and support, through any eligible local agency that applies for participation in the program. The program shall serve as an adjunct to good health care, during critical times of growth and development, to prevent the occurrence of health problems, including drug abuse, and improve the health status of these persons.
**(b) Definitions** As used in this section—
(1) “Breastfeeding women” means women up to one year postpartum who are breastfeeding their infants.
(2) “Children” means persons who have had their first birthday but have not yet attained their fifth birthday.
(3) “Competent professional authority” means physicians, nutritionists, registered nurses, dietitians, or State or local medically trained health officials, or persons designated by physicians or State or local medically trained health officials, in accordance with standards prescribed by the Secretary, as being competent professionally to evaluate nutritional risk.
(4) “Costs of nutrition services and administration” or “nutrition services and administration” means costs that shall include, but not be limited to, costs for certification of eligibility of persons for participation in the program (including centrifuges, measuring boar
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Federal law — U.S. Code and appendices · legal_authorities
Page 4883
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1752
U.S.C. 1758(a)(1)) and section 4(e)(1) of the Child Nu-
trition Act of 1966 (42 U.S.C. 1773(e)(1)).
‘‘(2) The Secretary shall continue to make break-
fast assistance payments in accordance with section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
and food assistance payments in accordance with the
Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
‘‘(3) The Secretary may not consolidate any aspect
of the school lunch program or the school breakfast
program with respect to any matter described in any
of subparagraphs (A) through (N) of section 12(l)(4) of
the Richard B. Russell National School Lunch Act (42
U.S.C. 1760(l)(4)).
‘‘(c) PLAN AND RECOMMENDATIONS.—
‘‘(1) PLAN FOR CONSOLIDATION AND SIMPLIFICATION.—
Not later than 180 days prior to implementing the
regulations described in subsection (a), the Secretary
shall prepare and submit to the Committee on Edu-
cation and Labor [now Committee on Education and
the Workforce] of the House of Representatives and
the Committee on Agriculture, Nutrition, and For-
estry of the Senate a plan for the consolidation and
simplification of the school lunch program and the
school breakfast program.
‘‘(2) RECOMMENDATIONS WITH RESPECT TO CHANGE IN
PAYMENT
AMOUNTS.—If the Secretary proposes to
change the amount of the breakfast assistance pay-
ment or the food assistance payment under the com-
prehensive meal program, the Secretary shall not in-
clude the change in the consolidation and shall pre-
pare and submit to the Committee on Education and
Labor [now Committee on Education and the Work-
force], and the Committee on Agriculture, of the
House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1752
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1771
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