42 USC 1776 - State administrative expenses

U.S Code last checked for updates: May 03, 2024

§ 1776.

State administrative expenses

(a)

Amount and allocation of funds

(1)

Amount available

(A)

In general

(B)

Allocation

(2)

Expense grants

(A)

In general

(B)

Minimum amount

(i)

In general

(ii)

Adjustment

On October 1, 2008, and each October 1 thereafter, the minimum dollar amount for a fiscal year specified in clause (i) shall be adjusted to reflect the percentage change between—

(I)

the value of the index for State and local government purchases, as published by the Bureau of Economic Analysis of the Department of Commerce, for the 12-month period ending June 30 of the second preceding fiscal year; and

(II)

the value of that index for the 12-month period ending June 30 of the preceding fiscal year.

(3)

The Secretary shall allocate to each State for its administrative costs incurred under the program authorized by section 17 of the Richard B. Russell National School Lunch Act [42 U.S.C. 1766] in any fiscal year an amount, based upon funds expended under that program in the 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. 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). The Secretary may adjust any State’s allocation to reflect changes in the size of its program.

(4)

The remaining funds appropriated under this section shall be allocated among the States by the Secretary in amounts the Secretary determines necessary for the improvement in the States of the administration of the programs authorized under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] and this chapter, except for section 1786 of this title, including, but not limited to, improved program integrity and the quality of meals served to children.

(5)

(A)

Not more than 25 percent of the amounts made available to each State under this section for the fiscal year 1991 and 20 percent of the amounts made available to each State under this section for the fiscal year 1992 and for each succeeding fiscal year may remain available for obligation or expenditure in the fiscal year succeeding the fiscal year for which such amounts were appropriated.

(B)

Reallocation of funds.—

(i)

Return to secretary.—

For each fiscal year, any amounts appropriated that are not obligated or expended during the fiscal year and are not carried over for the succeeding fiscal year under subparagraph (A) shall be returned to the Secretary.

(ii)

Reallocation by secretary.—

The Secretary shall allocate, for purposes of administrative costs, any remaining amounts among States that demonstrate a need for the amounts.

(6)

Use of administrative funds.—

Funds available to a State under this subsection and under section 13(k)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(k)(1)) may be used by the State for the costs of administration of the programs authorized under this chapter (except for the programs authorized under sections 1786 and 1790 of this title) and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) without regard to the basis on which the funds were earned and allocated.

(7)

Where the Secretary is responsible for the administration of programs under this chapter or the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.], the amount of funds that would be allocated to the State agency under this section and under section 13(k)(1) of the Richard B. Russell National School Lunch Act [42 U.S.C. 1761(k)(1)] shall be retained by the Secretary for the Secretary’s use in the administration of such programs.

(8)

In the fiscal year 1991 and each succeeding fiscal year, in accordance with regulations issued by the Secretary, each State shall ensure that the State agency administering the distribution of commodities under programs authorized under this chapter and under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] is provided, from funds made available to the State under this subsection, an appropriate amount of funds for administrative costs incurred in distributing such commodities. In developing such regulations, the Secretary may consider the value of commodities provided to the State under this chapter and under the Richard B. Russell National School Lunch Act.

(9)

(A)

If the Secretary determines that the administration of any program by a State under this chapter (other than section 1786 of this title) or under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (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)), or compliance with a regulation issued pursuant to either this chapter or such Act, is seriously deficient, and the State fails to correct the deficiency within a specified period of time, the Secretary may withhold from the State some or all of the funds allocated to the State under this section or under section 13(k)(1) or 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(k)(1) or 1766).

(B)

On a subsequent determination by the Secretary that the administration of any program referred to in subparagraph (A), or compliance with the regulations issued to carry out the program, is no longer seriously deficient and is operated in an acceptable manner, the Secretary may allocate some or all of the funds withheld under such subparagraph.

(b)

Funds, usage: compensation, benefits, and travel expenses of personnel; support services; office equipment; staff development

(c)

Fund adjustment; State administered programs

(d)

Unused funds; availability for obligation and expenditure, and reallocation to other States

(e)

Plans for use of administrative expense funds

(1)

In general

(2)

Updates and information management systems

(A)

In general

(B)

Plan contents

Each State plan shall, at a minimum, include a description of how technology and information management systems will be used to improve program integrity by—

(i)

monitoring the nutrient content of meals served;

(ii)

training local educational agencies, school food authorities, and schools in how to use technology and information management systems (including verifying eligibility for free or reduced price meals using program participation or income data gathered by State or local agencies); and

(iii)

using electronic data to establish benchmarks to compare and monitor program integrity, program participation, and financial data.

(3)

Training and technical assistance

(f)

State funding requirement

(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

(ii)

Requirements

The program shall include—

(I)

minimum educational requirements necessary to successfully manage the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 1773 of this title;

(II)

minimum program training and certification criteria for school food service directors; and

(III)

minimum periodic training criteria to maintain school food service director certification.

(B)

School nutrition State agency directors

(C)

Training program partnership

The Secretary may provide financial and other assistance to 1 or more professional food service management organizations—

(i)

to establish and manage the program under this paragraph; and

(ii)

to develop voluntary training and certification programs for other school food service workers.

(D)

Required date of compliance

(i)

School food service directors

(ii)

School nutrition State agency directors

(2)

Training and certification of food service personnel

(A)

Training for individuals conducting or overseeing administrative procedures

(i)

In general

(ii)

Federal role

The Secretary shall—

(I)

provide training and technical assistance described in clause (i) to the State; or

(II)

at the option of the Secretary, directly provide training and technical assistance described in clause (i).

(iii)

Required participation

(B)

Training and certification of all local food service personnel

(i)

In general

The Secretary shall provide training 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, local food service personnel shall complete annual training and receive annual certification—

(I)

to ensure program compliance and integrity; and

(II)

to demonstrate competence in the training provided under clause (i).

(iii)

Training modules

In addition to the topics described in clause (i), a training program carried out under this subparagraph shall include training modules on—

(I)

nutrition;

(II)

health and food safety standards and methodologies; and

(III)

any other appropriate topics, as determined by the Secretary.

(3)

Funding

(A)

In general

Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary 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

(h)

Funding for training and administrative reviews

(1)

Funding

(A)

In general

(B)

Receipt and acceptance

(2)

Use of funds

(A)

In general

(B)

Exception

(3)

Allocation

(4)

Reallocation

(i)

Technology infrastructure improvement

(1)

In general

(2)

Requirements

The amendment shall, at a minimum, describe the manner in which the State will improve program integrity by—

(A)

monitoring the nutrient content of meals served;

(B)

providing training to local educational agencies, school food authorities, and schools on the use of technology and 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 integrity, program participation, and financial data across schools and school food authorities.

(3)

Technology infrastructure grants

(A)

In general

(B)

Infrastructure development plan

To be eligible to receive a grant under this paragraph, a school or school food authority shall submit to the State a plan to purchase or upgrade technology and information management systems that addresses potential cost savings and methods to improve program 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 Lunch Act (42 U.S.C. 1758(f)(1)); and

(iii)

compatibility with statewide reporting systems.

(4)

Authorization of appropriations

(j)

Authorization of appropriations

(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.)

cite as: 42 USC 1776