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Title 42 — The Public Health and WelfareRelease 119-73

§1774 Disbursement directly to schools or institutions

Title 42 › Chapter CHAPTER 13A— - CHILD NUTRITION › § 1774

Last updated Apr 6, 2026|Official source

Summary

The Secretary must hold back money that would go to a State and pay it directly to schools in that State for the chapter’s purposes, but only to the extent the Secretary has been doing that without interruption since October 1, 1980. Money the Secretary withholds must be used and treated the same way it would be if the State paid it. If the Secretary is running a program in the State, the State can request to take over running it. If a State education agency is not allowed by law to give the funds to private (nonpublic) schools, the Secretary must pay those private schools directly for the same purposes and under the same rules as public schools.

Full Legal Text

Title 42, §1774

The Public Health and Welfare — Source: USLM XML via OLRC

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

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1774, Pub. L. 89–642, § 5, Oct. 11, 1966, 80 Stat. 887; Pub. L. 91–248, § 2,
May 14, 1970, 84 Stat. 208; Pub. L. 92–433, § 6(a)–(d), Sept. 26, 1972, 86 Stat. 727; Pub. L. 93–326, § 5,
June 30, 1974, 88 Stat. 287; Pub. L. 94–105, § 18, Oct. 7, 1975, 89 Stat. 525; Pub. L. 95–166, §§ 4, 20(3), (4), Nov. 10, 1977, 91 Stat. 1332, 1346; Pub. L. 95–627, § 6(b), Nov. 10, 1978, 92 Stat. 3620; Pub. L. 96–499, title II, § 211, Dec. 5, 1980, 94 Stat. 2603, made provision for food service equipment assistance program, prior to repeal by Pub. L. 97–35, § 805(b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1981, see section 820(a)(4) of Pub. L. 97–35, set out as an

Effective Date

of 1981 Amendment note under section 1753 of this title. Report to Congress of Needs for Equipment To Be Submitted by
June 30, 1973 Pub. L. 92–433, § 6(e), Sept. 26, 1972, 86 Stat. 729, directed Secretary, to assist Congress in determining amounts needed annually, to conduct a survey among States and school districts on unmet needs for equipment in schools eligible for assistance under former section 1774 of this title, results of such survey to be reported to Congress by
June 30, 1973.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1774

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73