---
kind: "range"
citation: "42 U.S.C. §§ 1772–1776"
title: "42"
from: "1772"
to: "1776"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/42/1772..1776"
---

# §1772. Special program to encourage the consumption of fluid milk by children; authorization of appropriations; eligibility for special milk program; minimum rate of reimbursement; ineligibility of commodity only schools

- (a)
  - (1) There is hereby authorized to be appropriated for the fiscal year ending June 30, 1970, and for each succeeding fiscal year, such sums as may be necessary to enable the [Secretary](/usc/42/1784.md?p=4) of Agriculture, under such rules and regulations as the [Secretary](/usc/42/1784.md?p=4) may deem in the public interest, to encourage consumption of fluid milk by [children](/usc/42/1784.md?p=6) in the [United States](/usc/42/403.md?p=k) in (A) nonprofit [schools](/usc/42/6372.md?p=1) of high [school](/usc/42/6372.md?p=1) grade and under, except as provided in [paragraph (2)](#a-2), which do not participate in a meal service [program](/usc/42/274l–1.md?p=4) authorized under this chapter or the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1751](/usc/42/1751.md) et seq.], and (B) nonprofit nursery [schools](/usc/42/6372.md?p=1), [child](/usc/42/1784.md?p=6)-care centers, settlement houses, summer camps, and similar nonprofit institutions devoted to the care and [training](/usc/42/285e–2.md?p=b-2) of [children](/usc/42/1784.md?p=6), which do not participate in a meal service [program](/usc/42/274l–1.md?p=4) authorized under this chapter or the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act.
  - (2) The limitation imposed under paragraph (1)(A) for participation of nonprofit [schools](/usc/42/6372.md?p=1) in the special milk [program](/usc/42/274l–1.md?p=4) shall not apply to split-session kindergarten [programs](/usc/42/274l–1.md?p=4) conducted in [schools](/usc/42/6372.md?p=1) in which [children](/usc/42/1784.md?p=6) do not have access to the meal service [program](/usc/42/274l–1.md?p=4) operating in [schools](/usc/42/6372.md?p=1) the [children](/usc/42/1784.md?p=6) attend as authorized under this chapter or the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act.
  - (3) For the purposes of this section “[United States](/usc/42/403.md?p=k)” means the fifty [States](/usc/42/1784.md?p=1), Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the District of Columbia.
  - (4) The [Secretary](/usc/42/1784.md?p=4) shall administer the special milk [program](/usc/42/274l–1.md?p=4) provided for by this section to the maximum extent practicable in the same manner as the [Secretary](/usc/42/1784.md?p=4) administered the special milk [program](/usc/42/274l–1.md?p=4) provided for by this chapter during the fiscal year ending June 30, 1969.
  - (5) Any [school](/usc/42/6372.md?p=1) or nonprofit [child](/usc/42/1784.md?p=6) care institution which does not participate in a meal service [program](/usc/42/274l–1.md?p=4) authorized under this chapter or the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act shall receive the special milk [program](/usc/42/274l–1.md?p=4) upon its request.
  - (6) [Children](/usc/42/1784.md?p=6) who qualify for free lunches under guidelines set forth by the [Secretary](/usc/42/1784.md?p=4) shall, at the option of the [school](/usc/42/6372.md?p=1) involved (or of the local educational agency involved in the case of a public [school](/usc/42/6372.md?p=1)) be eligible for free milk upon their request.
  - (7) For the fiscal year ending June 30, 1975, and for subsequent [school years](/usc/42/1784.md?p=5), the minimum rate of reimbursement for a half-pint of milk served in [schools](/usc/42/6372.md?p=1) and other eligible institutions shall not be less than 5 cents per half-pint served to eligible [children](/usc/42/1784.md?p=6), and such minimum rate of reimbursement shall be adjusted on an annual basis each [school year](/usc/42/1784.md?p=5) to reflect changes in the Producer Price Index for Fresh Processed Milk published by the Bureau of Labor Statistics of the Department of Labor.
  - (8) Such adjustment shall be computed to the nearest one-fourth cent.
  - (9) Notwithstanding any other provision of this section, in no event shall the minimum rate of reimbursement exceed the cost to the [school](/usc/42/6372.md?p=1) or institution of milk served to [children](/usc/42/1784.md?p=6).
  - (10) The [State educational agency](/usc/42/1784.md?p=2) shall disburse [funds](/usc/42/12854.md?p=3) paid to the [State](/usc/42/1784.md?p=1) during any fiscal year for purposes of carrying out the [program](/usc/42/274l–1.md?p=4) under this section in accordance with such [agreements](/usc/42/1320b–8.md?p=a-3-A) approved by the [Secretary](/usc/42/1784.md?p=4) as may be entered into by such [State agency](/usc/42/1396r–8.md?p=k-9) and the [schools](/usc/42/6372.md?p=1) in the [State](/usc/42/1784.md?p=1). The [agreements](/usc/42/1320b–8.md?p=a-3-A) described in the preceding sentence shall be permanent [agreements](/usc/42/1320b–8.md?p=a-3-A) that may be amended as necessary. Nothing in the preceding sentence shall be construed to limit the ability of the [State educational agency](/usc/42/1784.md?p=2) to suspend or terminate any such [agreement](/usc/42/1320b–8.md?p=a-3-A) in accordance with regulations prescribed by the [Secretary](/usc/42/1784.md?p=4).
- (b) Commodity only schools shall not be eligible to participate in the special milk [program](/usc/42/274l–1.md?p=4) under this section. For the purposes of the preceding sentence, the term “commodity only schools” means [schools](/usc/42/6372.md?p=1) that do not participate in the [school](/usc/42/6372.md?p=1) lunch [program](/usc/42/274l–1.md?p=4) under the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1751](/usc/42/1751.md) et seq.], but which receive commodities made available by the [Secretary](/usc/42/1784.md?p=4) for use by such [schools](/usc/42/6372.md?p=1) in nonprofit lunch [programs](/usc/42/274l–1.md?p=4).

# §1773. School breakfast program

- (a) **Establishment; authorization of appropriations—** There is hereby authorized to be appropriated such sums as are necessary to enable the [Secretary](/usc/42/1784.md?p=4) to carry out a [program](/usc/42/274l–1.md?p=4) to assist the [States](/usc/42/1784.md?p=1) and the Department of Defense through grants-in-aid and other means to initiate, maintain, or expand nonprofit breakfast [programs](/usc/42/274l–1.md?p=4) in all [schools](/usc/42/6372.md?p=1) which make application for assistance and agree to carry out a nonprofit breakfast [program](/usc/42/274l–1.md?p=4) in accordance with this chapter. Appropriations and expenditures for this chapter shall be considered Health and Human Services functions for budget purposes rather than functions of Agriculture.
- (b) **Breakfast assistance payments to State educational agencies; calculation; national average payments for breakfasts, free breakfasts and reduced price breakfasts; maximum price for reduced cost breakfasts; minimum daily nutrition requirements criteria; additional payments for severe need schools; maximum severe need payments—**
  - (1)
    - (A)
      - (i) The [Secretary](/usc/42/1784.md?p=4) shall make breakfast assistance payments to each [State educational agency](/usc/42/1784.md?p=2) each fiscal year, at such times as the [Secretary](/usc/42/1784.md?p=4) may determine, from the sums appropriated for such purpose, in an amount equal to the product obtained by multiplying—
        - (I) the number of breakfasts served during such fiscal year to [children](/usc/42/1784.md?p=6) in [schools](/usc/42/6372.md?p=1) in such [States](/usc/42/1784.md?p=1) which participate in the [school](/usc/42/6372.md?p=1) breakfast [program](/usc/42/274l–1.md?p=4) under [agreements](/usc/42/1320b–8.md?p=a-3-A) with such [State educational agency](/usc/42/1784.md?p=2); by
        - (II) the national average breakfast payment for free breakfasts, for reduced price breakfasts, or for breakfasts served to [children](/usc/42/1784.md?p=6) not eligible for free or reduced price meals, as appropriate, as prescribed in clause (B) of this paragraph.
      - (ii) The [agreements](/usc/42/1320b–8.md?p=a-3-A) described in [clause (i)(I)](#b-1-A-i-I) shall be permanent [agreements](/usc/42/1320b–8.md?p=a-3-A) that may be amended as necessary. Nothing in the preceding sentence shall be construed to limit the ability of the [State educational agency](/usc/42/1784.md?p=2) to suspend or terminate any such [agreement](/usc/42/1320b–8.md?p=a-3-A) in accordance with regulations prescribed by the [Secretary](/usc/42/1784.md?p=4).
    - (B) The national average payment for each free breakfast shall be 57 cents (as adjusted pursuant to [section 1759a(a) of this title](/usc/42/1759a.md?p=a)). The national average payment for each reduced price breakfast shall be one-half of the national average payment for each free breakfast, except that in no case shall the difference between the amount of the national average payment for a free breakfast and the national average payment for a reduced price breakfast exceed 30 cents. The national average payment for each breakfast served to a [child](/usc/42/1784.md?p=6) not eligible for free or reduced price meals shall be 8.25 cents (as adjusted pursuant to [section 1759a(a) of this title](/usc/42/1759a.md?p=a)).
    - (C) No [school](/usc/42/6372.md?p=1) which receives breakfast assistance payments under this section may charge a price of more than 30 cents for a reduced price breakfast.
    - (D) No breakfast assistance payment may be made under this subsection for any breakfast served by a [school](/usc/42/6372.md?p=1) unless such breakfast consists of a combination of foods which meet the minimum nutritional requirements prescribed by the [Secretary](/usc/42/1784.md?p=4) under [subsection (e)](#e) of this section.
    - (E) **Free and reduced price policy statement.—** After the initial submission, a local educational agency shall not be required to submit a free and reduced price policy statement to a [State educational agency](/usc/42/1784.md?p=2) under this chapter unless there is a substantive change in the free and reduced price policy of the local educational agency. A routine change in the policy of a local educational agency, such as an annual adjustment of the [income](/usc/42/292s.md?p=c-4) eligibility guidelines for free and reduced price meals, shall not be sufficient [cause](/usc/42/9908.md?p=c-2) for requiring the local educational agency to submit a policy statement.
  - (2)
    - (A) The [Secretary](/usc/42/1784.md?p=4) shall make additional payments for breakfasts served to [children](/usc/42/1784.md?p=6) qualifying for a free or reduced price meal at [schools](/usc/42/6372.md?p=1) that are in severe need.
    - (B) The maximum payment for each such free breakfast shall be the higher of—
      - (i) the national average payment established by the [Secretary](/usc/42/1784.md?p=4) for free breakfasts plus 10 cents, or
      - (ii) 45 cents (as adjusted pursuant to [section 1759a(a)(3)(B) of this title](/usc/42/1759a.md?p=a-3-B)).
    - (C) The maximum payment for each such reduced price breakfast shall be thirty cents less than the maximum payment for each free breakfast as determined under clause (B) of this paragraph.
  - (3) The [Secretary](/usc/42/1784.md?p=4) shall increase by 6 cents the annually adjusted payment for each breakfast served under this chapter and [section 1766 of this title](/usc/42/1766.md). These [funds](/usc/42/12854.md?p=3) shall be used to assist [States](/usc/42/1784.md?p=1), to the extent feasible, in improving the nutritional quality of the breakfasts.
  - (4) Notwithstanding any other provision of law, whenever stocks of agricultural commodities are acquired by the [Secretary](/usc/42/1784.md?p=4) or the Commodity Credit [Corporation](/usc/42/2296b–7.md?p=1) and are not likely to be sold by the [Secretary](/usc/42/1784.md?p=4) or the Commodity Credit [Corporation](/usc/42/2296b–7.md?p=1) or otherwise used in [programs](/usc/42/274l–1.md?p=4) of commodity sale or distribution, the [Secretary](/usc/42/1784.md?p=4) shall make such commodities available to [school](/usc/42/6372.md?p=1) food authorities and eligible institutions serving breakfasts under this chapter in a quantity equal in value to not less than 3 cents for each breakfast served under this chapter and [section 1766 of this title](/usc/42/1766.md).
  - (5) Expenditures of [funds](/usc/42/12854.md?p=3) from [State](/usc/42/1784.md?p=1) and local sources for the maintenance of the breakfast [program](/usc/42/274l–1.md?p=4) shall not be diminished as a result of [funds](/usc/42/12854.md?p=3) or commodities received under paragraph [(3)](#b-3) or [(4)](#b-4).
- (c) **Disbursement of apportioned funds by State; preference for schools in poor economic areas, for students traveling long distances daily, and for schools for improvement of nutrition and dietary practices of children of working mothers and from low-income families—** [Funds](/usc/42/12854.md?p=3) apportioned and paid to any [State](/usc/42/1784.md?p=1) for the purpose of this section shall be disbursed by the [State educational agency](/usc/42/1784.md?p=2) to [schools](/usc/42/6372.md?p=1) selected by the [State educational agency](/usc/42/1784.md?p=2) to assist such [schools](/usc/42/6372.md?p=1) in operating a breakfast [program](/usc/42/274l–1.md?p=4) and for the purpose of [subsection (d)](#d). Disbursement to [schools](/usc/42/6372.md?p=1) shall be made at such rates per meal or on such other basis as the [Secretary](/usc/42/1784.md?p=4) shall prescribe. In selecting [schools](/usc/42/6372.md?p=1) for participation, the [State educational agency](/usc/42/1784.md?p=2) shall, to the extent practicable, give first consideration to those [schools](/usc/42/6372.md?p=1) drawing attendance from areas in which poor economic conditions exist, to those [schools](/usc/42/6372.md?p=1) in which a substantial proportion of the [children](/usc/42/1784.md?p=6) enrolled must travel long distances daily, and to those [schools](/usc/42/6372.md?p=1) in which there is a special need for improving the nutrition and dietary [practices](/usc/42/17061.md?p=19) of [children](/usc/42/1784.md?p=6) of working mothers and [children](/usc/42/1784.md?p=6) from [low-income families](/usc/42/300a–4.md?p=c). Breakfast assistance disbursements to [schools](/usc/42/6372.md?p=1) under this section may be made in advance or by way of reimbursement in accordance with procedures prescribed by the [Secretary](/usc/42/1784.md?p=4).
- (d) **Severe need assistance—**
  - (1) **In general—** Each [State educational agency](/usc/42/1784.md?p=2) shall provide additional assistance to [schools](/usc/42/6372.md?p=1) in severe need, which shall include only those [schools](/usc/42/6372.md?p=1) (having a breakfast [program](/usc/42/274l–1.md?p=4) or desiring to initiate a breakfast [program](/usc/42/274l–1.md?p=4)) in which—
    - (A) during the most recent second preceding [school year](/usc/42/1784.md?p=5) for which lunches were served, 40 percent or more of the lunches served to students at the [school](/usc/42/6372.md?p=1) were served free or at a reduced price; or
    - (B) in the case of a [school](/usc/42/6372.md?p=1) in which lunches were not served during the most recent second preceding [school year](/usc/42/1784.md?p=5), the [Secretary](/usc/42/1784.md?p=4) otherwise determines that the requirements of [subparagraph (A)](#d-1-A) would have been met.
  - (2) **Additional assistance—** A [school](/usc/42/6372.md?p=1), on the submission of appropriate documentation about the need circumstances in that [school](/usc/42/6372.md?p=1) and the eligibility of the [school](/usc/42/6372.md?p=1) for additional assistance, shall be entitled to receive the meal reimbursement rate specified in [subsection (b)(2)](#b-2).
- (e) **Nutritional requirements; service free or at reduced price; compliance assistance—**
  - (1)
    - (A) Breakfasts served by [schools](/usc/42/6372.md?p=1) participating in the [school](/usc/42/6372.md?p=1) breakfast [program](/usc/42/274l–1.md?p=4) under this section shall consist of a combination of foods and shall meet the minimum nutritional requirements prescribed by the [Secretary](/usc/42/1784.md?p=4) on the basis of tested nutritional research, except that the minimum nutritional requirements shall be measured by not less than the weekly average of the nutrient content of [school](/usc/42/6372.md?p=1) breakfasts. Such breakfasts shall be served free or at a reduced price to [children](/usc/42/1784.md?p=6) in [school](/usc/42/6372.md?p=1) under the same terms and conditions as are set forth with respect to the service of lunches free or at a reduced price in [section 1758 of this title](/usc/42/1758.md).
    - (B) The [Secretary](/usc/42/1784.md?p=4) shall provide through [State educational agencies](/usc/42/1784.md?p=2) technical assistance and [training](/usc/42/285e–2.md?p=b-2), including technical assistance and [training](/usc/42/285e–2.md?p=b-2) in the preparation of foods high in complex carbohydrates and lower-fat versions of foods commonly used in the [school](/usc/42/6372.md?p=1) breakfast [program](/usc/42/274l–1.md?p=4) established under this section, to [schools](/usc/42/6372.md?p=1) participating in the [school](/usc/42/6372.md?p=1) breakfast [program](/usc/42/274l–1.md?p=4) to assist the [schools](/usc/42/6372.md?p=1) in complying with the nutritional requirements prescribed by the [Secretary](/usc/42/1784.md?p=4) pursuant to [subparagraph (A)](#e-1-A) and in providing appropriate meals to [children](/usc/42/1784.md?p=6) with medically certified special dietary needs.
  - (2) At the option of a local [school](/usc/42/6372.md?p=1) food authority, a student in a [school](/usc/42/6372.md?p=1) under the authority that participates in the [school](/usc/42/6372.md?p=1) breakfast [program](/usc/42/274l–1.md?p=4) under this chapter may be allowed to refuse not more than one item of a breakfast that the student does not intend to consume. A refusal of an offered food item shall not affect the full charge to the student for a breakfast meeting the requirements of this section or the amount of payments made under this chapter to a [school](/usc/42/6372.md?p=1) for the breakfast.

# §1774. Disbursement directly to schools or institutions

- (a) The [Secretary](/usc/42/1784.md?p=4) shall withhold [funds](/usc/42/12854.md?p=3) payable to a [State](/usc/42/1784.md?p=1) under this chapter and disburse the [funds](/usc/42/12854.md?p=3) directly to [schools](/usc/42/6372.md?p=1) or institutions within the [State](/usc/42/1784.md?p=1) for the purposes authorized by this chapter to the extent that the [Secretary](/usc/42/1784.md?p=4) has so withheld and disbursed such [funds](/usc/42/12854.md?p=3) continuously since October 1, 1980, but only to such extent (except as otherwise required by [subsection (b)](#b)). Any [funds](/usc/42/12854.md?p=3) so withheld and disbursed by the [Secretary](/usc/42/1784.md?p=4) shall be used for the same purposes, and shall be subject to the same conditions, as applicable to a [State](/usc/42/1784.md?p=1) disbursing [funds](/usc/42/12854.md?p=3) made available under this chapter. If the [Secretary](/usc/42/1784.md?p=4) is administering (in whole or in part) any [program](/usc/42/274l–1.md?p=4) authorized under this chapter, the [State](/usc/42/1784.md?p=1) in which the [Secretary](/usc/42/1784.md?p=4) is administering the [program](/usc/42/274l–1.md?p=4) may, upon request to the [Secretary](/usc/42/1784.md?p=4), assume administration of that [program](/usc/42/274l–1.md?p=4).
- (b) If a [State educational agency](/usc/42/1784.md?p=2) is not permitted by law to disburse the [funds](/usc/42/12854.md?p=3) paid to it under this chapter to any of the nonpublic [schools](/usc/42/6372.md?p=1) in the [State](/usc/42/1784.md?p=1), the [Secretary](/usc/42/1784.md?p=4) shall disburse the [funds](/usc/42/12854.md?p=3) directly to such [schools](/usc/42/6372.md?p=1) within the [State](/usc/42/1784.md?p=1) for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to public [schools](/usc/42/6372.md?p=1) within the [State](/usc/42/1784.md?p=1) by the [State educational agency](/usc/42/1784.md?p=2).

# §1775. Certification to Secretary of the Treasury of amounts to be paid to States


The [Secretary](/usc/42/1784.md?p=4) shall certify to the [Secretary](/usc/42/1784.md?p=4) of the Treasury from time to time the amounts to be paid to any [State](/usc/42/1784.md?p=1) under [sections 1772 through 1776](/usc/42/1772..1776.md) of this title and the time or times such amounts are to be paid; and the [Secretary](/usc/42/1784.md?p=4) of the Treasury shall pay to the [State](/usc/42/1784.md?p=1) at the time or times fixed by the [Secretary](/usc/42/1784.md?p=4) the amounts so certified.


# §1776. State administrative expenses

- (a) **Amount and allocation of funds—**
  - (1) **Amount available—**
    - (A) **In general—** Each fiscal year, the [Secretary](/usc/42/1784.md?p=4) shall make available to the [States](/usc/42/1784.md?p=1) for their administrative costs an amount equal to not less than 1½ percent of the Federal [funds](/usc/42/12854.md?p=3) expended under sections 4, 11, and 17 of the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1753](/usc/42/1753.md), 1759a, 1766] and 1772 and [1773](/usc/42/1773.md) of this title during the second preceding fiscal year.
    - (B) **Allocation—** The [Secretary](/usc/42/1784.md?p=4) shall allocate the [funds](/usc/42/12854.md?p=3) so provided in accordance with paragraphs (2), (3), and (4) of this subsection.
  - (2) **Expense grants—**
    - (A) **In general—** Subject to [subparagraph (B)](#a-2-B), the [Secretary](/usc/42/1784.md?p=4) shall allocate to each [State](/usc/42/1784.md?p=1) for administrative costs incurred in any fiscal year in connection with the [programs](/usc/42/274l–1.md?p=4) authorized under the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1751](/usc/42/1751.md) et seq.] or under this chapter, except for the [programs](/usc/42/274l–1.md?p=4) authorized under section 13 or 17 of the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1761](/usc/42/1761.md), 1766] or under [section 1786 of this title](/usc/42/1786.md), an amount equal to not less than 1 percent and not more than 1½ percent of the [funds](/usc/42/12854.md?p=3) expended by each [State](/usc/42/1784.md?p=1) under sections 4 and 11 of the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1753](/usc/42/1753.md), 1759a] and sections [1772](/usc/42/1772.md) and [1773](/usc/42/1773.md) 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](/usc/42/1784.md?p=1) under this paragraph be less than the amount such [State](/usc/42/1784.md?p=1) was allocated in the fiscal year ending September 30, 1981, or $200,000 (as adjusted under [clause (ii)](#a-2-B-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)](#a-2-B-i) shall be adjusted to reflect the percentage change between—
        - (I) the value of the index for [State](/usc/42/1784.md?p=1) and [local government](/usc/42/8401a.md) purchases, as published by the Bureau of Economic Analysis of the Department of [Commerce](/usc/42/6311.md?p=7), 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 preceding fiscal year.
  - (3) The [Secretary](/usc/42/1784.md?p=4) shall allocate to each [State](/usc/42/1784.md?p=1) for its administrative costs incurred under the [program](/usc/42/274l–1.md?p=4) authorized by section 17 of the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1766](/usc/42/1766.md)] in any fiscal year an amount, based upon [funds](/usc/42/12854.md?p=3) expended under that [program](/usc/42/274l–1.md?p=4) in the second 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) 2½ percent of any remaining [funds](/usc/42/12854.md?p=3). If an agency in the [State](/usc/42/1784.md?p=1) other than the [State educational agency](/usc/42/1784.md?p=2) administers such [program](/usc/42/274l–1.md?p=4), the [State](/usc/42/1784.md?p=1) shall ensure that an amount equal to no less than the [funds](/usc/42/12854.md?p=3) due the [State](/usc/42/1784.md?p=1) under this paragraph is provided to such agency for costs incurred by such agency in administering the [program](/usc/42/274l–1.md?p=4), except as provided in [paragraph (5)](#a-5). The [Secretary](/usc/42/1784.md?p=4) may adjust any [State](/usc/42/1784.md?p=1)’s [allocation](/usc/42/2021b.md?p=2) to reflect changes in the size of its [program](/usc/42/274l–1.md?p=4).
  - (4) The remaining [funds](/usc/42/12854.md?p=3) appropriated under this section shall be allocated among the [States](/usc/42/1784.md?p=1) by the [Secretary](/usc/42/1784.md?p=4) in amounts the [Secretary](/usc/42/1784.md?p=4) determines necessary for the improvement in the [States](/usc/42/1784.md?p=1) of the administration of the [programs](/usc/42/274l–1.md?p=4) authorized under the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1751](/usc/42/1751.md) et seq.] and this chapter, except for [section 1786 of this title](/usc/42/1786.md), including, but not limited to, improved [program](/usc/42/274l–1.md?p=4) integrity and the quality of meals served to [children](/usc/42/1784.md?p=6).
  - (5)
    - (A) Not more than 25 percent of the amounts made available to each [State](/usc/42/1784.md?p=1) under this section for the fiscal year 1991 and 20 percent of the amounts made available to each [State](/usc/42/1784.md?p=1) 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 fiscal year under [subparagraph (A)](#a-5-A) shall be returned to the [Secretary](/usc/42/1784.md?p=4).
      - (ii) **Reallocation by secretary.—** The [Secretary](/usc/42/1784.md?p=4) shall allocate, for purposes of administrative costs, any remaining amounts among [States](/usc/42/1784.md?p=1) that demonstrate a need for the amounts.
  - (6) **Use of administrative funds.—** [Funds](/usc/42/12854.md?p=3) available to a [State](/usc/42/1784.md?p=1) under this subsection and under section 13(k)(1) of the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act ([42 U.S.C. 1761(k)(1)](/usc/42/1761.md?p=k-1)) may be used by the [State](/usc/42/1784.md?p=1) for the costs of administration of the [programs](/usc/42/274l–1.md?p=4) authorized under this chapter (except for the [programs](/usc/42/274l–1.md?p=4) authorized under sections [1786](/usc/42/1786.md) and [1790](/usc/42/1790.md) of this title) and the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act ([42 U.S.C. 1751](/usc/42/1751.md) et seq.) without regard to the basis on which the [funds](/usc/42/12854.md?p=3) were earned and allocated.
  - (7) Where the [Secretary](/usc/42/1784.md?p=4) is responsible for the administration of [programs](/usc/42/274l–1.md?p=4) under this chapter or the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1751](/usc/42/1751.md) et seq.], the amount of [funds](/usc/42/12854.md?p=3) that would be allocated to the [State agency](/usc/42/1396r–8.md?p=k-9) under this section and under section 13(k)(1) of the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1761(k)(1)](/usc/42/1761.md?p=k-1)] shall be retained by the [Secretary](/usc/42/1784.md?p=4) for the [Secretary](/usc/42/1784.md?p=4)’s use in the administration of such [programs](/usc/42/274l–1.md?p=4).
  - (8) In the fiscal year 1991 and each succeeding fiscal year, in accordance with regulations issued by the [Secretary](/usc/42/1784.md?p=4), each [State](/usc/42/1784.md?p=1) shall ensure that the [State agency](/usc/42/1396r–8.md?p=k-9) administering the distribution of commodities under [programs](/usc/42/274l–1.md?p=4) authorized under this chapter and under the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1751](/usc/42/1751.md) et seq.] is provided, from [funds](/usc/42/12854.md?p=3) made available to the [State](/usc/42/1784.md?p=1) under this subsection, an appropriate amount of [funds](/usc/42/12854.md?p=3) for administrative costs incurred in distributing such commodities. In developing such regulations, the [Secretary](/usc/42/1784.md?p=4) may consider the value of commodities provided to the [State](/usc/42/1784.md?p=1) under this chapter and under the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act.
  - (9)
    - (A) If the [Secretary](/usc/42/1784.md?p=4) determines that the administration of any [program](/usc/42/274l–1.md?p=4) by a [State](/usc/42/1784.md?p=1) under this chapter (other than [section 1786 of this title](/usc/42/1786.md)) or under the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act ([42 U.S.C. 1751](/usc/42/1751.md) et seq.) (including any requirement to provide sufficient [training](/usc/42/285e–2.md?p=b-2), technical assistance, and monitoring of the [child](/usc/42/1784.md?p=6) and adult care food [program](/usc/42/274l–1.md?p=4) under section 17 of that Act ([42 U.S.C. 1766](/usc/42/1766.md))), or compliance with a regulation issued pursuant to either this chapter or such Act, is seriously deficient, and the [State](/usc/42/1784.md?p=1) fails to correct the deficiency within a specified period of time, the [Secretary](/usc/42/1784.md?p=4) may withhold from the [State](/usc/42/1784.md?p=1) some or all of the [funds](/usc/42/12854.md?p=3) allocated to the [State](/usc/42/1784.md?p=1) under this section or under section 13(k)(1) or 17 of the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act ([42 U.S.C. 1761(k)(1)](/usc/42/1761.md?p=k-1) or 1766).
    - (B) On a subsequent determination by the [Secretary](/usc/42/1784.md?p=4) that the administration of any [program](/usc/42/274l–1.md?p=4) referred to in [subparagraph (A)](#a-9-A), or compliance with the regulations issued to carry out the [program](/usc/42/274l–1.md?p=4), is no longer seriously deficient and is operated in an acceptable manner, the [Secretary](/usc/42/1784.md?p=4) may allocate some or all of the [funds](/usc/42/12854.md?p=3) withheld under such subparagraph.
- (b) **Funds, usage: compensation, benefits, and travel expenses of personnel; support services; office equipment; staff development—** [Funds](/usc/42/12854.md?p=3) paid to a [State](/usc/42/1784.md?p=1) under [subsection (a)](#a) of this section may be used to pay salaries, including [employee](/usc/42/1320a–7h.md?p=e-7) benefits and travel expenses, for administrative and supervisory personnel; for support services; for [office](/usc/42/3058f.md?p=1) equipment; and for staff development.
- (c) **Fund adjustment; State administered programs—** If any [State agency](/usc/42/1396r–8.md?p=k-9) agrees to assume responsibility for the administration of food service [programs](/usc/42/274l–1.md?p=4) in nonprofit private [schools](/usc/42/6372.md?p=1) or [child](/usc/42/1784.md?p=6) care institutions that were previously administered by the [Secretary](/usc/42/1784.md?p=4), an appropriate adjustment shall be made in the administrative [funds](/usc/42/12854.md?p=3) paid under this section to the [State](/usc/42/1784.md?p=1) 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](/usc/42/12854.md?p=3) made available to each [State](/usc/42/1784.md?p=1) under this section shall remain available for obligation and expenditure by that [State](/usc/42/1784.md?p=1) during the fiscal year immediately following the fiscal year for which such [funds](/usc/42/12854.md?p=3) were made available. For each fiscal year the [Secretary](/usc/42/1784.md?p=4) shall establish a date by which each [State](/usc/42/1784.md?p=1) shall submit to the [Secretary](/usc/42/1784.md?p=4) a plan for the disbursement of [funds](/usc/42/12854.md?p=3) provided under this section for each such year, and the [Secretary](/usc/42/1784.md?p=4) shall reallocate any unused [funds](/usc/42/12854.md?p=3), as evidenced by such plans, to other [States](/usc/42/1784.md?p=1) as the [Secretary](/usc/42/1784.md?p=4) considers appropriate.
- (e) **Plans for use of administrative expense funds—**
  - (1) **In general—** Each [State](/usc/42/1784.md?p=1) shall submit to the [Secretary](/usc/42/1784.md?p=4) for approval by October 1 of the initial fiscal year a plan for the use of [State](/usc/42/1784.md?p=1) administrative expense [funds](/usc/42/12854.md?p=3), including a staff formula for [State](/usc/42/1784.md?p=1) personnel, system level supervisory and operating personnel, and [school](/usc/42/6372.md?p=1) level personnel.
  - (2) **Updates and information management systems—**
    - (A) **In general—** After submitting the initial plan, a [State](/usc/42/1784.md?p=1) shall be required to submit to the [Secretary](/usc/42/1784.md?p=4) for approval only a substantive change in the plan.
    - (B) **Plan contents—** Each [State](/usc/42/1784.md?p=1) plan shall, at a minimum, include a description of how technology and information management systems will be used to improve [program](/usc/42/274l–1.md?p=4) integrity by—
      - (i) monitoring the nutrient content of meals served;
      - (ii) [training](/usc/42/285e–2.md?p=b-2) local educational agencies, [school](/usc/42/6372.md?p=1) food authorities, and [schools](/usc/42/6372.md?p=1) in how to use technology and information management systems (including verifying eligibility for free or reduced price meals using [program](/usc/42/274l–1.md?p=4) participation or [income](/usc/42/292s.md?p=c-4) data gathered by [State](/usc/42/1784.md?p=1) or local agencies); and
      - (iii) using electronic data to establish benchmarks to compare and monitor [program](/usc/42/274l–1.md?p=4) integrity, [program](/usc/42/274l–1.md?p=4) participation, and financial data.
  - (3) **Training and technical assistance—** Each [State](/usc/42/1784.md?p=1) shall submit to the [Secretary](/usc/42/1784.md?p=4) for approval a plan describing the manner in which the [State](/usc/42/1784.md?p=1) intends to implement [subsection (g)](#g) and section 22(b)(3) of the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1769c(b)(3)](/usc/42/1769c.md?p=b-3)].
- (f) **State funding requirement—** Payments of [funds](/usc/42/12854.md?p=3) under this section shall be made only to [States](/usc/42/1784.md?p=1) that agree to maintain a level of funding out of [State](/usc/42/1784.md?p=1) revenues, for administrative costs in connection with [programs](/usc/42/274l–1.md?p=4) under this chapter (except [section 1786 of this title](/usc/42/1786.md)) and the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act [[42 U.S.C. 1751](/usc/42/1751.md) et seq.] (except section 13 of that Act [[42 U.S.C. 1761](/usc/42/1761.md)]), 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](/usc/42/1784.md?p=4).
- (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](/usc/42/1784.md?p=4) shall establish a [program](/usc/42/274l–1.md?p=4) of required education, [training](/usc/42/285e–2.md?p=b-2), and certification for all [school](/usc/42/6372.md?p=1) food service [directors](/usc/42/5061.md?p=1) responsible for the management of a [school](/usc/42/6372.md?p=1) food authority.
      - (ii) **Requirements—** The [program](/usc/42/274l–1.md?p=4) shall include—
        - (I) minimum educational requirements necessary to successfully manage the [school](/usc/42/6372.md?p=1) lunch [program](/usc/42/274l–1.md?p=4) established under the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act ([42 U.S.C. 1751](/usc/42/1751.md) et seq.) and the [school](/usc/42/6372.md?p=1) breakfast [program](/usc/42/274l–1.md?p=4) established by [section 1773 of this title](/usc/42/1773.md);
        - (II) minimum [program](/usc/42/274l–1.md?p=4) [training](/usc/42/285e–2.md?p=b-2) and certification criteria for [school](/usc/42/6372.md?p=1) food service [directors](/usc/42/5061.md?p=1); and
        - (III) minimum periodic [training](/usc/42/285e–2.md?p=b-2) criteria to maintain [school](/usc/42/6372.md?p=1) food service [director](/usc/42/5061.md?p=1) certification.
    - (B) **School nutrition State agency directors—** The [Secretary](/usc/42/1784.md?p=4) shall establish criteria and [standards](/usc/42/1320d.md?p=7) for [States](/usc/42/1784.md?p=1) to use in the selection of [State agency](/usc/42/1396r–8.md?p=k-9) [directors](/usc/42/5061.md?p=1) with responsibility for the [school](/usc/42/6372.md?p=1) lunch [program](/usc/42/274l–1.md?p=4) established under the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act ([42 U.S.C. 1751](/usc/42/1751.md) et seq.) and the [school](/usc/42/6372.md?p=1) breakfast [program](/usc/42/274l–1.md?p=4) established by [section 1773 of this title](/usc/42/1773.md).
    - (C) **Training program partnership—** The [Secretary](/usc/42/1784.md?p=4) may provide financial and other assistance to 1 or more professional food service management organizations—
      - (i) to establish and manage the [program](/usc/42/274l–1.md?p=4) under this paragraph; and
      - (ii) to develop voluntary [training](/usc/42/285e–2.md?p=b-2) and certification [programs](/usc/42/274l–1.md?p=4) for other [school](/usc/42/6372.md?p=1) food service workers.
    - (D) **Required date of compliance—**
      - (i) **School food service directors—** The [Secretary](/usc/42/1784.md?p=4) shall establish a date by which all [school](/usc/42/6372.md?p=1) food service [directors](/usc/42/5061.md?p=1) whose local educational agencies are participating in the [school](/usc/42/6372.md?p=1) lunch [program](/usc/42/274l–1.md?p=4) established under the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act ([42 U.S.C. 1751](/usc/42/1751.md) et seq.) and the [school](/usc/42/6372.md?p=1) breakfast [program](/usc/42/274l–1.md?p=4) established by [section 1773 of this title](/usc/42/1773.md) shall be required to comply with the education, [training](/usc/42/285e–2.md?p=b-2), and certification criteria established in accordance with [subparagraph (A)](#g-1-A).
      - (ii) **School nutrition State agency directors—** The [Secretary](/usc/42/1784.md?p=4) shall establish a date by which all [State agencies](/usc/42/1396r–8.md?p=k-9) shall be required to comply with criteria and [standards](/usc/42/1320d.md?p=7) established in accordance with [subparagraph (B)](#g-1-B) for the selection of [State agency](/usc/42/1396r–8.md?p=k-9) [directors](/usc/42/5061.md?p=1) with responsibility for the [school](/usc/42/6372.md?p=1) lunch [program](/usc/42/274l–1.md?p=4) established under the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act ([42 U.S.C. 1751](/usc/42/1751.md) et seq.) and the [school](/usc/42/6372.md?p=1) breakfast [program](/usc/42/274l–1.md?p=4) established by [section 1773 of this title](/usc/42/1773.md).
  - (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](/usc/42/1784.md?p=1) shall provide [training](/usc/42/285e–2.md?p=b-2) in administrative [practices](/usc/42/17061.md?p=19) (including [training](/usc/42/285e–2.md?p=b-2) in application, certification, verification, meal counting, and meal claiming procedures) to local educational agency and [school](/usc/42/6372.md?p=1) food authority personnel and other appropriate personnel.
      - (ii) **Federal role—** The [Secretary](/usc/42/1784.md?p=4) shall—
        - (I) provide [training](/usc/42/285e–2.md?p=b-2) and technical assistance described in [clause (i)](#g-2-A-i) to the [State](/usc/42/1784.md?p=1); or
        - (II) at the option of the [Secretary](/usc/42/1784.md?p=4), directly provide [training](/usc/42/285e–2.md?p=b-2) and technical assistance described in [clause (i)](#g-2-A-i).
      - (iii) **Required participation—** In accordance with procedures established by the [Secretary](/usc/42/1784.md?p=4), each local educational agency or [school](/usc/42/6372.md?p=1) food authority shall ensure that an individual conducting or overseeing administrative procedures described in [clause (i)](#g-2-A-i) receives [training](/usc/42/285e–2.md?p=b-2) at least annually, unless determined otherwise by the [Secretary](/usc/42/1784.md?p=4).
    - (B) **Training and certification of all local food service personnel—**
      - (i) **In general—** The [Secretary](/usc/42/1784.md?p=4) shall provide [training](/usc/42/285e–2.md?p=b-2) designed 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](/usc/42/1784.md?p=4), local food service personnel shall complete annual [training](/usc/42/285e–2.md?p=b-2) and receive annual certification—
        - (I) to ensure [program](/usc/42/274l–1.md?p=4) compliance and integrity; and
        - (II) to demonstrate competence in the [training](/usc/42/285e–2.md?p=b-2) provided under clauses [(i)](#g-2-B-i) and [(iii)](#g-2-B-iii).
      - (iii) **Training modules—** In addition to the topics described in [clause (i)](#g-2-B-i), a [training](/usc/42/285e–2.md?p=b-2) [program](/usc/42/274l–1.md?p=4) carried out under this subparagraph shall include [training](/usc/42/285e–2.md?p=b-2) modules on—
        - (I) nutrition;
        - (II) food allergies, including information on the best [practices](/usc/42/17061.md?p=19) to prevent, recognize, and respond to food-related allergic reactions;
        - (III) health and food safety [standards](/usc/42/1320d.md?p=7) and methodologies; and
        - (IV) any other appropriate topics, as determined by the [Secretary](/usc/42/1784.md?p=4).
  - (3) **Funding—**
    - (A) **In general—** Out of any [funds](/usc/42/12854.md?p=3) in the Treasury not otherwise appropriated, the [Secretary](/usc/42/1784.md?p=4) of the Treasury shall transfer to the [Secretary](/usc/42/1784.md?p=4) to carry out this subsection, to remain available 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](/usc/42/1784.md?p=4) shall be entitled to receive, shall accept, and shall use to carry out this subsection the [funds](/usc/42/12854.md?p=3) transferred under [subparagraph (A)](#g-3-A), without further appropriation.
- (h) **Funding for training and administrative reviews—**
  - (1) **Funding—**
    - (A) **In general—** On October 1, 2004, and on each October 1 thereafter, out of any [funds](/usc/42/12854.md?p=3) in the Treasury not otherwise appropriated, the [Secretary](/usc/42/1784.md?p=4) of the Treasury shall transfer to the [Secretary](/usc/42/1784.md?p=4) of Agriculture to carry out this subsection $4,000,000, to remain available until expended.
    - (B) **Receipt and acceptance—** The [Secretary](/usc/42/1784.md?p=4) shall be entitled to receive, shall accept, and shall use to carry out this subsection the [funds](/usc/42/12854.md?p=3) transferred under [subparagraph (A)](#h-1-A), without further appropriation.
  - (2) **Use of funds—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#h-2-B), the [Secretary](/usc/42/1784.md?p=4) shall use [funds](/usc/42/12854.md?p=3) provided under this subsection to assist [States](/usc/42/1784.md?p=1) in carrying out [subsection (g)](#g) and administrative reviews of selected local educational agencies carried out under section 22 of the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act ([42 U.S.C. 1769c](/usc/42/1769c.md)).
    - (B) **Exception—** The [Secretary](/usc/42/1784.md?p=4) may retain a portion of the amount provided to cover costs of activities carried out by the [Secretary](/usc/42/1784.md?p=4) in lieu of the [State](/usc/42/1784.md?p=1).
  - (3) **Allocation—** The [Secretary](/usc/42/1784.md?p=4) shall allocate [funds](/usc/42/12854.md?p=3) provided under this subsection to [States](/usc/42/1784.md?p=1) 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](/usc/42/1784.md?p=4), taking into account the requirements established by the [Child](/usc/42/1784.md?p=6) Nutrition and WIC Reauthorization Act of 2004 and the amendments made by that Act.
  - (4) **Reallocation—** The [Secretary](/usc/42/1784.md?p=4) 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](/usc/42/1784.md?p=4).
- (i) **Technology infrastructure improvement—**
  - (1) **In general—** Each [State](/usc/42/1784.md?p=1) shall submit to the [Secretary](/usc/42/1784.md?p=4), for approval by the [Secretary](/usc/42/1784.md?p=4), an amendment to the plan required by [subsection (e)](#e) that describes the manner in which [funds](/usc/42/12854.md?p=3) provided under this section will be used for technology and information management systems.
  - (2) **Requirements—** The amendment shall, at a minimum, describe the manner in which the [State](/usc/42/1784.md?p=1) will improve [program](/usc/42/274l–1.md?p=4) integrity by—
    - (A) monitoring the nutrient content of meals served;
    - (B) providing [training](/usc/42/285e–2.md?p=b-2) to local educational agencies, [school](/usc/42/6372.md?p=1) food authorities, and [schools](/usc/42/6372.md?p=1) on the use of technology and information 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 [program](/usc/42/274l–1.md?p=4) integrity, [program](/usc/42/274l–1.md?p=4) participation, and financial data across [schools](/usc/42/6372.md?p=1) and [school](/usc/42/6372.md?p=1) food authorities.
  - (3) **Technology infrastructure grants—**
    - (A) **In general—** Subject to the availability of [funds](/usc/42/12854.md?p=3) made available under [paragraph (4)](#i-4) to carry out this paragraph, the [Secretary](/usc/42/1784.md?p=4) shall, on a competitive basis, provide [funds](/usc/42/12854.md?p=3) to [States](/usc/42/1784.md?p=1) to be used to provide grants to local educational agencies, [school](/usc/42/6372.md?p=1) food authorities, and [schools](/usc/42/6372.md?p=1) to defray the cost of purchasing or upgrading technology and information management systems for use in [programs](/usc/42/274l–1.md?p=4) authorized by this chapter (other than [section 1786 of this title](/usc/42/1786.md)) and the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act ([42 U.S.C. 1751](/usc/42/1751.md) et seq.).
    - (B) **Infrastructure development plan—** To be eligible to receive a grant under this paragraph, a [school](/usc/42/6372.md?p=1) or [school](/usc/42/6372.md?p=1) food authority shall submit to the [State](/usc/42/1784.md?p=1) a plan to purchase or upgrade technology and information management systems that addresses potential cost savings and methods to improve [program](/usc/42/274l–1.md?p=4) integrity, including—
      - (i) processing and verification of applications for free and reduced price meals;
      - (ii) integration of menu planning, production, and serving data to monitor compliance with section 9(f)(1) of the Richard B. Russell National [School](/usc/42/6372.md?p=1) Lunch Act ([42 U.S.C. 1758(f)(1)](/usc/42/1758.md?p=f-1)); and
      - (iii) compatibility with statewide reporting 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.