---
kind: "section"
citation: "42 U.S.C. § 1776"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1776"
heading: "State administrative expenses"
release: "119-102"
url: "https://uscodex.org/usc/42/1776"
units:
  - "Chapter 13A — Child Nutrition"
---

# §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.

## Footnotes

[^1]: So in original. Probably should be preceded by an additional closing parenthesis.

## Source credit

(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; Pub. L. 119–69, § 3, Jan. 14, 2026, 139 Stat. 1998.)

## Notes

### 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 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, June 30, 2004, 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.

### Amendments

2026—Subsec. (g)(2)(B)(ii)(II). Pub. L. 119–69, § 3(b), substituted “clauses (i) and (iii)” for “clause (i)”.

Subsec. (g)(2)(B)(iii)(II) to (IV). Pub. L. 119–69, § 3(a), added subcl. (II) and redesignated former subcls. (II) and (III) as (III) and (IV), respectively.

2010—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(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) redesignated (g).

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 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.