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42 U.S.C. § 1774 — Disbursement directly to schools or institutions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall withhold funds payable to a State under this chapter and disburse the funds directly to schools or institutions within the State for the purposes authorized by this chapter to the extent that the Secretary has so withheld and disbursed such funds continuously since 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 chapter. If the Secretary is administering (in whole or in part) any program authorized under this chapter, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program.
**(b)** If a State educational agency is not permitted by law to disburse the funds paid to it under this chapter to any of the nonpublic schools in the State, the Secretary shall disburse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to public schools within the State by the State educational agency.
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Source file: Laws/federal/codes/united-states-code/title-42/section-1774-disbursement-directly-to-schools-or-institutions--03f4e15ffa.md
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Source location: Title 42, Chapter 13A, § 1774; chapter-13a-child-nutrition.md
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**(a)** The Secretary shall withhold funds payable to a State under this chapter and disburse the funds directly to schools or institutions within the State for the purposes authorized by this chapter to the extent that the Secretary has so withheld and disbursed such funds continuously since 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 chapter. If the Secretary is administering (in whole or in part) any program authorized under this chapter, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program.
**(b)** If a State educational agency is not permitted by law to disburse the funds paid to it under this chapter to any of the nonpublic schools in the State, the Secretary shall disburse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to public schools within the State by the State educational agency.
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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
**(a) Repealed. Pub. L. 111–296, title IV, § 441(a)(9), Dec. 13, 2010, 124 Stat. 3264**
**(b) Extension of eligibility of certain school districts to receive cash or commodity letters of credit assistance for school lunch programs**
(1) Upon request to the Secretary, any school district that on January 1, 1987, was receiving all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program shall receive all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program beginning July 1, 1987. The Secretary, directly or through contract, shall administer the project under this subsection.
(2) Any school district that elects under paragraph (1) to receive all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program shall receive bonus commodities in the same manner as if such school district was receiving all entitlement commodities for its school lunch program.
**(c) Alternative counting and claiming procedures**
(1) The Secretary may conduct pilot projects to test alternative counting and claiming procedures.
(2) Each pilot program carried out under this subsection shall be evaluated by the Secretary after it has been in operation for 3 years.
**(d) to (f) Repealed. Pub. L. 111–296, title IV, § 441(a)(11)–(13), Dec. 13, 2010, 124 Stat. 3264**
**(g) Access to local foods: Patrick Leahy Farm to School Program**
(1) **Definition of eligible school** — In this subsection, the term “eligible school” means a school or institution that participates in a program under this chapter or the school breakfast program established under [section 1773 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1769
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amount and allocation of funds**
(1) **Amount available**
(A) *In general* — Each fiscal year, the Secretary shall make available 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 Richard B. Russell National School Lunch Act [[42 U.S.C. 1753](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim), 1759a, 1766] and 1772 and 1773 of this title during the second preceding fiscal year.
(B) *Allocation* — The Secretary shall allocate the funds so provided in accordance with paragraphs (2), (3), and (4) of this subsection.
(2) **Expense grants**
(A) *In general* — Subject to subparagraph (B), the Secretary shall allocate to each State for administrative costs incurred in any fiscal year in connection with the programs authorized 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 under this chapter, except for the programs authorized under section 13 or 17 of the Richard B. Russell National School Lunch Act [[42 U.S.C. 1761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1761&num=0&edition=prelim), 1766] or under [section 1786 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1786&num=0&edition=prelim), 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 Richard B. Russell National School Lunch Act [[42 U.S.C. 1753](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim), 175
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1776
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Interference with school personnel, curriculum, or instruction** In carrying out the provisions of sections 1772 and 1773 of this title, the Secretary shall not impose any requirements with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction.
**(b) Inclusion of assistance in determining income or resources** The value of assistance to children under this chapter shall not be considered to be income or resources for any purpose under any Federal or State laws including, but not limited to, laws relating to taxation, welfare, and public assistance programs. Expenditures of funds from State and local sources for the maintenance of food programs for children shall not be diminished as a result of funds received under this chapter.
**(c) Federal law not applicable** Section 1693o–2 of title 15 shall not apply to electronic benefit transfer systems established under this chapter or 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.).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1780
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Federal law — U.S. Code and appendices · legal_authorities
Page 5009
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1776
such rule shall not take effect until sixty days after
such notification.’’
REPORT
TO
CONGRESS
OF
NEEDS
FOR
ADDITIONAL
FUNDS
FOR
SCHOOL
BREAKFAST
AND
NONFOOD
AS-
SISTANCE PROGRAMS, FISCAL YEAR ENDING JUNE 30,
1972
Pub. L. 92–153, § 3, Nov. 5, 1971, 85 Stat. 420, provided
that the Secretary of Agriculture determine imme-
diately upon enactment of this resolution (Nov. 5, 1971)
and report to Congress the needs for additional funds to
carry out the school breakfast and nonfood assistance
programs during the fiscal year ending June 30, 1972, at
levels permitting expansion of the school breakfast and
school lunch programs to all schools desiring such pro-
grams as rapidly as practicable.
TRANSFER
OF FUNDS
TO SCHOOLS
IN NEED
OF ADDI-
TIONAL ASSISTANCE IN SCHOOL BREAKFAST PROGRAM
Pub. L. 92–153, § 7, Nov. 5, 1971, 85 Stat. 420, provided
that: ‘‘In addition to any other authority given to the
Secretary he is hereby authorized to transfer funds
from section 32 of the Act of August 24, 1935 [section
612c of Title 7, Agriculture], for the purpose of assisting
schools which demonstrate a need for additional funds
in the school breakfast program.’’
DIRECT DISTRIBUTION PROGRAMS
FOR DIET
OF NEEDY
CHILDREN SUFFERING FROM GENERAL AND CONTINUED
HUNGER; ADDITIONAL FUNDS
Additional funds for direct distribution programs for
diet of needy children suffering from general and con-
tinued hunger and payment of administrative costs of
State or local welfare agency carrying out such pro-
grams, see section 6 of Pub. L. 92–32, set out as a note
under section 612c of Title 7, Agriculture.
§ 1774. Disbursement directly to schools or insti-
tutions
(a) The Secretary shall withhold funds payable
to a State under this ch
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1774
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