42 U.S.C. § 1776 — State administrative expenses

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 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 Sec- retary shall be used for the same purposes, and shall be subject to the same conditions, as appli- cable to a State disbursing funds made available under this chapter. If the Secretary is admin- istering (in whole or in part) any program au- thorized under this chapter, the State in which the Secretary is administering the program may, upon request to the Secretary, assume ad- ministration of that program. (b) If a State educational agency is not per- mitted by law to disburse the funds paid to it under this chapter to any of the nonpublic schools in the State, the Secretary shall dis- burse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or re- quired with respect to the disbursements to pub- lic schools within the State by the State edu- cational agency. (Pub. L. 89–642, § 5, as added Pub. L. 97–35, title VIII, § 817(e), Aug. 13, 1981, 95 Stat. 532.) Editorial Notes PRIOR PROVISIONS A prior section 1774, Pub. L. 89–642, § 5, Oct. 11, 1966, 80 Stat. 887; Pub. L. 91–248, § 2, May 14, 1970, 84 Stat. 208; Pub. L. 92–433, § 6(a)–(d), Sept. 26, 1972, 86 Stat. 727; Pub. L. 93–326, § 5, June 30, 1974, 88 Stat. 287; Pub. L. 94–105, § 18, Oct. 7, 1975, 89 Stat. 525; Pub. L. 95–166, §§ 4, 20(3), (4), Nov. 10, 1977, 91 Stat. 1332, 1346; Pub. L. 95–627, § 6(b), Nov. 10, 1978, 92 Stat. 3620; Pub. L. 96–499, title II, § 211, Dec. 5, 1980, 94 Stat. 2603, made provision for food serv- ice equipment assistance program, prior to repeal by Pub. L. 97–35, § 805(b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1981, see section 820(a)(4) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 1753 of this title. REPORT TO CONGRESS OF NEEDS FOR EQUIPMENT TO BE SUBMITTED BY JUNE 30, 1973 Pub. L. 92–433, § 6(e), Sept. 26, 1972, 86 Stat. 729, di- rected Secretary, to assist Congress in determining amounts needed annually, to conduct a survey among States and school districts on unmet needs for equip- ment in schools eligible for assistance under former section 1774 of this title, results of such survey to be re- ported to Congress by June 30, 1973. § 1775. Certification to Secretary of the Treasury of amounts to be paid to States The Secretary shall certify to the Secretary of the Treasury from time to time the amounts to be paid to any State under sections 1772 through 1776 of this title and the time or times such amounts are to be paid; and the Secretary of the Treasury shall pay to the State at the time or times fixed by the Secretary the amounts so cer- tified. (Pub. L. 89–642, § 6, Oct. 11, 1966, 80 Stat. 888.) § 1776. State administrative expenses (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 administra- tive costs an amount equal to not less than 11⁄2 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, 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 administra- tive costs incurred in any fiscal year in con- nection with the programs authorized under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] or under this chapter, except for the programs au- thorized under section 13 or 17 of the Richard B. Russell National School Lunch Act [42 U.S.C. 1761, 1766] or under section 1786 of this title, an amount equal to not less than 1 per- cent and not more than 11⁄2 percent of the Page 5010 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1776 1 So in original. Probably should be preceded by an additional closing parenthesis. funds expended by each State under sections 4 and 11 of the Richard B. Russell National School Lunch Act [42 U.S.C. 1753, 1759a] and sections 1772 and 1773 of this title during the second preceding fiscal year. (B) Minimum amount (i) In general In no case shall the grant available to any State under this paragraph be less than the amount such State was allocated in the fiscal year ending September 30, 1981, or $200,000 (as adjusted under clause (ii),1 whichever is larger. (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 pub- lished by the Bureau of Economic Anal- ysis 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 pre- ceding fiscal year. (3) The Secretary shall allocate to each State for its administrative costs incurred under the program authorized by section 17 of the Richard B. Russell National School Lunch Act [42 U.S.C. 1766] in any fiscal year an amount, based upon funds expended under that program in the sec- ond 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) 21⁄2 percent of any remaining funds. If an agency in the State other than the State edu- cational 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). 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 de- termines necessary for the improvement in the States of the administration of the programs au- thorized under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] and this chapter, except for section 1786 of this title, including, but not limited to, improved program integrity and the quality of meals served to children. (5)(A) Not more than 25 percent of the amounts made available to each State under this section for the fiscal year 1991 and 20 per- cent of the amounts made available to each State under this section for the fiscal year 1992 and for each succeeding fiscal year may remain available for obligation or expenditure in the fiscal year succeeding the fiscal year for which such amounts were appropriated. (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 fis- cal year under subparagraph (A) shall be re- turned to the Secretary. (ii) REALLOCATION BY SECRETARY.—The Sec- retary shall allocate, for purposes of adminis- trative costs, any remaining amounts among States that demonstrate a need for the amounts. (6) USE OF ADMINISTRATIVE FUNDS.—Funds available to a State under this subsection and under section 13(k)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(k)(1)) may be used by the State for the costs of admin- istration of the programs authorized under this chapter (except for the programs authorized under sections 1786 and 1790 of this title) and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) without regard to the basis on which the funds were earned and allo- cated. (7) Where the Secretary is responsible for the administration of programs under this chapter or the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.], the amount of funds that would be allocated to the State agency under this section and under section 13(k)(1) of the Richard B. Russell National School Lunch Act [42 U.S.C. 1761(k)(1)] shall be retained by the Secretary for the Secretary’s use in the admin- istration of such programs. (8) In the fiscal year 1991 and each succeeding fiscal year, in accordance with regulations issued by the Secretary, each State shall ensure that the State agency administering the dis- tribution of commodities under programs au- thorized under this chapter and under the Rich- ard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] is provided, from funds made available to the State under this subsection, an appropriate amount of funds for administrative costs incurred in distributing such commodities. In developing such regulations, the Secretary may consider the value of commodities provided to the State under this chapter and under the Richard B. Russell National School Lunch Act. (9)(A) If the Secretary determines that the ad- ministration of any program by a State under this chapter (other than section 1786 of this title) or under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (includ- ing any requirement to provide sufficient train- ing, technical assistance, and monitoring of the child and adult care food program under section 17 of that Act (42 U.S.C. 1766)), or compliance with a regulation issued pursuant to either this chapter or such Act, 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)(1) or 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(k)(1) or 1766). (B) On a subsequent determination by the Sec- retary that the administration of any program referred to in subparagraph (A), or compliance with the regulations issued to carry out the pro- Page 5011 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1776 gram, is no longer seriously deficient and is op- erated in an acceptable manner, the Secretary may allocate some or all of the funds withheld under such subparagraph. (b) Funds, usage: compensation, benefits, and travel expenses of personnel; support serv- ices; office equipment; staff development Funds paid to a State under subsection (a) of this section may be used to pay salaries, includ- ing employee benefits and travel expenses, for administrative and supervisory personnel; for support services; for office equipment; and for staff development. (c) Fund adjustment; State administered pro- grams If any State agency agrees to assume responsi- bility for the administration of food service pro- grams 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. (d) Unused funds; availability for obligation and expenditure, and reallocation to other States 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 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 considers appropriate. (e) Plans for use of administrative expense funds (1) In general Each State shall submit to the Secretary for approval by October 1 of the initial fiscal year a plan for the use of State administrative ex- pense funds, including a staff formula for State personnel, system level supervisory and operating personnel, and school level per- sonnel. (2) Updates and information management sys- tems (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, in- clude 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 man- agement systems (including verifying eli- gibility 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 pro- gram 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 sub- section (g) and section 22(b)(3) of the Richard B. Russell National School Lunch Act [42 U.S.C. 1769c(b)(3)]. (f) State funding requirement Payments of funds under this section shall be made only to States that agree to maintain a level of funding out of State revenues, for ad- ministrative costs in connection with programs under this chapter (except section 1786 of this title) and the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] (except section 13 of that Act [42 U.S.C. 1761]), not less than the amount expended or obligated in fiscal year 1977, and that agree to participate fully in any studies authorized by the Secretary. (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 cer- tification for all school food service direc- tors 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 1773 of this title; (II) minimum program training and certification criteria for school food service directors; and (III) minimum periodic training cri- teria to maintain school food service di- rector 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 1773 of this title. (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 Page 5012 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1776 (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 par- ticipating in the school lunch program es- tablished under the Richard B. Russell Na- tional School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program es- tablished by section 1773 of this title shall be required to comply with the education, training, and certification criteria estab- lished 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 es- tablished in accordance with subparagraph (B) for the selection of State agency direc- tors with responsibility for the school lunch program established under the Rich- ard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 1773 of this title. (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 pro- vide training in administrative practices (including training in application, certifi- cation, verification, meal counting, and meal claiming procedures) to local edu- cational agency and school food authority personnel and other appropriate personnel. (ii) Federal role The Secretary shall— (I) provide training and technical as- sistance described in clause (i) to the State; or (II) at the option of the Secretary, di- rectly provide training and technical as- sistance described in clause (i). (iii) Required participation In accordance with procedures estab- lished by the Secretary, each local edu- cational 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 other- wise by the Secretary. (B) Training and certification of all local food service personnel (i) In general The Secretary shall provide training de- signed 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 per- sonnel 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 oth- erwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection, to remain avail- able 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 sub- paragraph (A), without further appropria- tion. (h) Funding for training and administrative re- views (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 ex- pended. (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 sub- paragraph (A), without further appropria- tion. (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 re- views 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 Page 5013 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1776 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 re- quirements 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 obli- gated or expended, as determined by the Sec- retary. (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 de- scribes 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, de- scribe the manner in which the State will im- prove 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 infor- mation 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 pro- gram 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 edu- cational 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 chapter (other than sec- tion 1786 of this title) 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 man- agement systems that addresses potential cost savings and methods to improve pro- gram integrity, including— (i) processing and verification of applica- tions for free and reduced price meals; (ii) integration of menu planning, pro- duction, and serving data to monitor com- pliance 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 report- ing 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 2010 through 2015, to remain available until expended. (j) Authorization of appropriations For the fiscal year beginning October 1, 1977, and each succeeding fiscal year ending before October 1, 2015, there are hereby authorized to be appropriated such sums as may be necessary for the purposes of this section. (Pub. L. 89–642, § 7, Oct. 11, 1966, 80 Stat. 888; Pub. L. 90–302, § 4, May 8, 1968, 82 Stat. 119; Pub. L. 91–248, § 5, May 14, 1970, 84 Stat. 210; Pub. L. 95–166, § 14, Nov. 10, 1977, 91 Stat. 1338; Pub. L. 95–627, § 7(a), Nov. 10, 1978, 92 Stat. 3621; Pub. L. 96–499, title II, § 201(b), Dec. 5, 1980, 94 Stat. 2600; Pub. L. 97–35, title VIII, §§ 814, 819(e), Aug. 13, 1981, 95 Stat. 531, 533; Pub. L. 99–500, title III, §§ 313, 332, Oct. 18, 1986, 100 Stat. 1783–360, 1783–363, and Pub. L. 99–591, title III, §§ 313, 332, Oct. 30, 1986, 100 Stat. 3341–363, 3341–367; Pub. L. 99–661, div. D, title I, § 4103, title II, § 4212, Nov. 14, 1986, 100 Stat. 4071, 4075; Pub. L. 101–147, title I, § 122(a), Nov. 10, 1989, 103 Stat. 893; Pub. L. 102–512, title I, § 103, Oct. 24, 1992, 106 Stat. 3363; Pub. L. 103–448, title I, § 117(a)(2)(B), title II, § 202, Nov. 2, 1994, 108 Stat. 4717, 4737; Pub. L. 104–193, title VII, § 724, Aug. 22, 1996, 110 Stat. 2302; Pub. L. 105–336, title II, § 202, Oct. 31, 1998, 112 Stat. 3158; Pub. L. 106–78, title VII, § 752(b)(16), Oct. 22, 1999, 113 Stat. 1170; Pub. L. 106–224, title II, § 243(j), June 20, 2000, 114 Stat. 420; Pub. L. 108–265, title I, § 126(c), title II, § 202, June 30, 2004, 118 Stat. 765, 769; Pub. L. 111–296, title III, § 306, title IV, §§ 421, 422, 441(b)(1), Dec. 13, 2010, 124 Stat. 3243, 3260, 3264.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsecs. (a), (f), (g)(1), and (i)(3)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified gen- erally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables. The Child Nutrition and WIC Reauthorization Act of 2004, referred to in subsec. (h)(3), is Pub. L. 108–265, June 30, 2004, 118 Stat. 729. For complete classification of this Act to the Code, see Short Title of 2004 Amend- ment note set out under section 1751 of this title and Tables. CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 2010—Subsec. (a)(1). Pub. L. 111–296, § 441(b)(1), sub- stituted ‘‘Each fiscal year’’ for ‘‘Except as provided in Page 5014 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1776 subparagraph (B), each fiscal year’’ in subpar. (A), re- designated 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 sub- section for fiscal year 2004.’’ 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 administra- tive practices, with emphasis on the requirements es- tablished by the Child Nutrition and WIC Reauthoriza- tion Act of 2004, and set out the Federal role and proce- dures for required participation. Subsec. (i)(4). Pub. L. 111–296, § 421, substituted ‘‘2010 through 2015’’ for ‘‘2005 through 2009’’. Subsec. (j). Pub. L. 111–296, § 422, substituted ‘‘October 1, 2015’’ for ‘‘October 1, 2009’’. 2004—Subsec. (a). Pub. L. 108–265, § 202(a)(1), inserted heading. Subsec. (a)(1). Pub. L. 108–265, § 202(a)(1), (2)(A), in- serted par. heading, designated first and second sen- tences 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.’’ 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) sub- stituted ‘‘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). Subsec. (e). Pub. L. 108–265, § 126(c)(1), inserted subsec. heading, designated existing provisions as par. (1), in- serted 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). Subsecs. (g), (h). Pub. L. 108–265, § 126(c)(3), added sub- secs. (g) and (h). Former subsec. (g) redesignated (j). Subsec. (i). Pub. L. 108–265, § 202(b), added subsec. (i). Subsec. (j). Pub. L. 108–265, § 202(c), substituted ‘‘2009’’ for ‘‘2003’’. Pub. L. 108–265, § 126(c)(2), redesignated subsec. (g) as (j). 2000—Subsec. (a)(9)(A). Pub. L. 106–224 inserted ‘‘(in- cluding 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.)’’. 1999—Subsecs. (a), (f). Pub. L. 106–78 substituted ‘‘Richard B. Russell National School Lunch Act’’ for ‘‘National School Lunch Act’’ wherever appearing. 1998—Subsec. (a)(5)(B). Pub. L. 105–336, § 202(a), amended subpar. (B) generally, substituting present provisions for provisions which related to return of un- expended 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. Subsec. (a)(6). Pub. L. 105–336, § 202(b), amended par. (6) generally. Prior to amendment, par. (6) read as fol- lows: ‘‘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.’’ Subsec. (g). Pub. L. 105–336, § 202(c), substituted ‘‘2003’’ for ‘‘1998’’. 1996—Subsec. (e). Pub. L. 104–193, § 724(b), substituted ‘‘the initial fiscal year a plan’’ for ‘‘each year an an- nual 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.’’ 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.’’ Subsecs. (f), (g). Pub. L. 104–193, § 724(a)(2), redesig- nated subsecs. (g) and (i) as (f) and (g), respectively. Former subsec. (f) redesignated (e). Subsec. (h). Pub. L. 104–193, § 724(a)(1), struck out sub- sec. (h) which read as follows: ‘‘The Secretary may not provide amounts under this section to a State for ad- ministrative 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 Na- tional School Lunch Act (42 U.S.C. 1751 et seq.) and conducted by the Secretary.’’ Subsec. (i). Pub. L. 104–193, § 724(a)(2), redesignated subsec. (i) as (g). 1994—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. Subsec. (a)(9). Pub. L. 103–448, § 202(a), added par. (9). Subsec. (h). Pub. L. 103–448, § 202(c)(2), added subsec. (h). Former subsec. (h) redesignated (i). Pub. L. 103–448, § 202(b), substituted ‘‘1998’’ for ‘‘1994’’. Subsec. (i). Pub. L. 103–448, § 202(c)(1), redesignated subsec. (h) as (i). 1992—Subsec. (a)(5)(B)(i). Pub. L. 102–512, § 103(1), sub- stituted a colon for ‘‘, the Secretary shall—’’ in intro- ductory provisions. 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 organi- zations 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’’. Subsec. (a)(5)(B)(i)(II). Pub. L. 102–512, § 103(3), sub- stituted ‘‘After making the allocations under subclause (I), the Secretary shall allocate,’’ for ‘‘then allocate,’’. 1989—Subsec. (a)(3). Pub. L. 101–147, § 122(a)(1)(A), in- serted 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).’’ 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. 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’’. 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,’’. 1986—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 sec- tions 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 plan- ning and administration of programs covered by State administrative expenses.’’ 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) re- designated (g). Page 5015 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1777 1981—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. Subsec. (b). Pub. L. 97–35, § 819(e), struck out ref- erence to section 1774 of this title. Subsec. (e). Pub. L. 97–35, § 814(b), substituted provi- sions relating to general availability of unobligated funds during fiscal years following the fiscal years for which such funds were made available for provisions re- lating to availability of unobligated funds for fiscal year 1979 and for the five succeeding fiscal years. 1980—Subsec. (e). Pub. L. 96–499, § 201(b)(1), sub- stituted ‘‘and for the five succeeding fiscal years’’ for ‘‘and the succeeding fiscal year’’. Subsec. (i). Pub. L. 96–499, § 201(b)(2), substituted ‘‘September 30, 1984’’ for ‘‘September 30, 1980’’. 1978—Subsec. (a). Pub. L. 95–627 generally revised and restructured subsection and, among other changes, in- serted formula for determining State allocations for administrative costs incurred under the program au- thorized 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 Sec- retary’s use in administering certain programs, alloca- tions for such programs, under this section and section 13(k)(1) of the National School Lunch Act. 1977—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 ad- vances to State educational agencies for use for admin- istrative expenses, advancing the fund only in nec- essary amounts and for administration of certain ac- tivities, and authorizing appropriation of necessary sums, now incorporated in subsec. (i) of this section. 1970—Pub. L. 91–248 inserted provisions authorizing Secretary to utilize funds appropriated under this sec- tion 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 super- vising and giving technical assistance to service insti- tutions as well as to local school districts. 1968—Pub. L. 90–302 inserted the programs under sec- tions 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 su- pervising 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT 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. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by section 126(c) of Pub. L. 108–265 effec- tive July 1, 2004, amendment by section 202(a) of Pub. L. 108–265 effective Oct. 1, 2004, and amendment by sec- tion 202(b), (c) of Pub. L. 108–265 effective June 30, 2004, see section 502(a), (b)(1), (2) of Pub. L. 108–265, as amended, set out as an Effective Date note under sec- tion 1754 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–336 effective Oct. 1, 1998, see section 401 of Pub. L. 105–336, set out as a note under section 1755 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–448 effective Oct. 1, 1994, see section 401 of Pub. L. 103–448, set out as a note under section 1755 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–512 effective Sept. 30, 1992, see section 104 of Pub. L. 102–512, set out as a note under section 1769 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–147, title I, § 122(b), Nov. 10, 1989, 103 Stat. 894, provided that: ‘‘The amendment made by sub- section (a)(1)(A) [amending this section] shall be effec- tive as of October 1, 1989.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 820(a)(4) of Pub. L. 97–35, set out as a note under section 1753 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–627 effective Oct. 1, 1978, see section 14 of Pub. L. 95–627, set out as a note under section 1755 of this title. §§ 1776a, 1776b. Omitted Editorial Notes CODIFICATION Section 1776a, Pub. L. 103–111, title IV, Oct. 21, 1993, 107 Stat. 1071, conditioned the distribution of funds under section 1776 of this title upon agreement by a State to participate in studies and surveys of programs authorized under this chapter or the preceding chapter, when such studies or surveys were directed by Congress and requested by the Secretary of Agriculture, and was not repeated in the Agricultural, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1995. See section 1776(h) of this title. Section 1776b, Pub. L. 103–111, title IV, Oct. 21, 1993, 107 Stat. 1071, authorized the withholding, by the Sec- retary of Agriculture, of funds allocated to a State under sections 1761(k)(1) and 1776 of this title if the Sec- retary determined that the State was seriously defi- cient in administering any program under this chapter or the preceding chapter, and the State failed to cor- rect such deficiencies within a specified period of time, and was not repeated in the Agricultural, Rural Devel- opment, Food and Drug Administration, and Related Agencies Appropriations Act, 1995. See section 1776(a)(9)(A) of this title. Provisions similar to sections 1776a and 1776b were contained in the following prior appropriation acts: Pub. L. 102–341, title IV, Aug. 14, 1992, 106 Stat. 900. Pub. L. 102–142, title IV, Oct. 28, 1991, 105 Stat. 904. Pub. L. 101–506, title III, Nov. 5, 1990, 104 Stat. 1340. Pub. L. 101–161, title III, Nov. 21, 1989, 103 Stat. 976. Pub. L. 100–460, title III, Oct. 1, 1988, 102 Stat. 2254. Pub. L. 100–202, § 101(k) [title III], Dec. 22, 1987, 101 Stat. 1329–322, 1329–348. Pub. L. 99–500, § 101(a) [title III], Oct. 18, 1986, 100 Stat. 1783, 1783–22, and Pub. L. 99–591, § 101(a) [title III], Oct. 30, 1986, 100 Stat. 3341, 3341–22. Pub. L. 99–190, § 101(a) [H.R. 3037, title III], Dec. 19, 1985, 99 Stat. 1185; Pub. L. 100–202, § 106, Dec. 22, 1987, 101 Stat. 1329–433. Pub. L. 98–473, title I, § 101(a) [H.R. 5743, title III], Oct. 12, 1984, 98 Stat. 1837. Pub. L. 98–151, § 101(d) [H.R. 3223, title III], Nov. 14, 1983, 97 Stat. 972. Pub. L. 97–370, title III, Dec. 18, 1982, 96 Stat. 1805. Pub. L. 97–103, title III, Dec. 23, 1981, 95 Stat. 1484. Pub. L. 96–528, title III, Dec. 15, 1980, 94 Stat. 3112. Pub. L. 96–108, title III, Nov. 9, 1979, 93 Stat. 837. Pub. L. 96–38, title I, July 25, 1979, 93 Stat. 98. § 1777. Use in school breakfast program of food designated as being in abundance or food do- nated by the Secretary of Agriculture Each school participating under section 1773 of this title shall, insofar as practicable, utilize in