42 U.S.C. § 1776
Each fiscal year, the Secretary shall make available to the States for their administrative 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.
The Secretary shall allocate the funds so provided in accordance with paragraphs (2), (3), and (4) of this subsection.
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 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, 1766] or under section 1786 of this title, an amount equal to not less than 1 percent and not more than 11/2 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, 1759a] and sections 1772 and 1773 of this title during the second preceding fiscal year.
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.
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-
Funds paid to a State under subsection (a) of this section may 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.
If any State agency agrees to assume responsibility for the 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.
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.
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 expense funds, including a staff formula for State personnel, system level supervisory and operating personnel, and school level personnel.
After submitting the initial plan, a State shall be required to submit to the Secretary for approval only a substantive change in the plan.
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-
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 [42 U.S.C. 1769c(b)(3)] .
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 administrative 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.
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.
The program shall include-
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.
The Secretary may provide financial and other assistance to 1 or more professional food service management organizations-
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 1773 of this title shall be required to comply with the education, training, and certification criteria established in accordance with subparagraph (A).
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 1773 of this title.
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.
The Secretary shall-
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.
The Secretary shall provide training designed to improve-
In accordance with criteria established by the Secretary, local food service personnel shall complete annual training and receive annual certification-
In addition to the topics described in clause (i), a training program carried out under this subparagraph shall include training modules on-
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-
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.
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.
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.
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).
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.
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.
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.
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.
The amendment shall, at a minimum, describe the manner in which the State will improve program integrity by-
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 chapter (other than section 1786 of this title) and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
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-
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.
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.
1So in original. Probably should be preceded by an additional closing parenthesis.
42 U.S.C. § 1776
EDITORIAL NOTES
REFERENCES IN TEXTThe 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 generally 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, 118 Stat. 729. For complete classification of this Act to the Code, see Short Title of 2004 Amendment 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.
AMENDMENTS2010-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."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.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), 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."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).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). Subsecs. (g), (h). Pub. L. 108-265, §126(c)(3), added subsecs. (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 "(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.)".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 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.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."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 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." 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), redesignated 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 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." 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), substituted a colon for ",the Secretary shall-" in introductory 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 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".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,". 1989-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)."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 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." Subsecs. (h), (i). Pub. L. 99-500 and Pub. L. 99-591, §§313, 332, and Pub. L. 99-661, §§41034103,, 42124103,, amended section identically, redesignating subsec. (i) as (h) and substituting "1989" for "1984". Former subsec. (h) redesignated (g). 1981-Subsec. (a). Pub. L. 97-35, §§814(a), 819, 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 reference to section 1774 of this title.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.1980-Subsec. (e). Pub. L. 96-499, §201(b)(1), substituted "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, 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. 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 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. 1970- 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. 1968- 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.
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 effective July 1, 2004, amendment by section 202(a) of Pub. L. 108-265 effective Oct. 1, 2004, and amendment by section 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 section 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 subsection (a)(1)(A) [amending this section] shall be effective 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.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- practices
- The term "practices" means design, financing, permitting, construction, commissioning, operation and maintenance, and other practices that contribute to achieving zero-net-energy buildings or facilities.