
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1759]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1759. Direct disbursement to schools by Secretary

    (a) The Secretary shall withhold funds payable to a State under this 
chapter and disburse the funds directly to schools, institutions, or 
service 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) of this 
section). 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.

(June 4, 1946, ch. 281, Sec. 10, 60 Stat. 233; Pub. L. 87-823, Sec. 4, 
Oct. 15, 1962, 76 Stat. 945; Pub. L. 91-248, Sec. 1(b), May 14, 1970, 84 
Stat. 208; Pub. L. 93-433, Sec. 4(d), Sept. 26, 1972, 86 Stat. 726; Pub. 
L. 93-150, Sec. 3(b), Nov. 7, 1973, 87 Stat. 562; Pub. L. 94-105, 
Sec. 7, Oct. 7, 1975, 89 Stat. 514; Pub. L. 97-35, title VIII, 
Sec. 817(a), Aug. 13, 1981, 95 Stat. 531.)


                               Amendments

    1981--Pub. L. 97-35 designated existing provisions as subsec. (a), 
substituted provisions relating to disbursement of funds directly to 
schools, institutions, or service institutions for the purposes 
authorized by this chapter, for provisions relating to disbursement of 
funds directly to schools for the purposes and subject to conditions 
authorized or required for disbursements to schools within the State by 
the State educational agency, and added subsec. (b).
    1975--Pub. L. 94-105 altered provisions of section to accommodate 
authorization of direct payments to private nonprofit schools and 
institutions in conformity with revised allocation method for school 
lunch funds and expanded definition of ``school'' to include any public 
or licensed nonprofit residential child care institution, including but 
not limited to, orphanages and homes for the mentally retarded.
    1973--Pub. L. 93-150 inserted in proviso reference to section 1759a 
of this title.
    1972--Pub. L. 92-433 inserted proviso that beginning with the fiscal 
year ending June 30, 1974, the Secretary shall make payments directly to 
the nonprofit private schools for the purpose of section 1753 of this 
title under the same conditions as are prescribed for State educational 
agencies.
    1970--Pub. L. 91-248 provided that data upon which State 
apportionments are calculated is the program year completed two years 
immediately prior to the fiscal year for which the appropriation is 
requested.
    1962--Pub. L. 87-823 substituted ``an amount which bears the same 
ratio to such funds as the number of lunches, consisting of a 
combination of foods and meeting the minimum requirements prescribed by 
the Secretary pursuant to section 1758 of this title, served in the 
preceding fiscal year by all nonprofit private schools participating in 
the program under this chapter within the State, as determined by the 
Secretary, bears to the participation rate for the State'' for ``the 
same proportion of the funds as the number of children between the ages 
of 5 and 17, inclusive, attending nonprofit private schools within the 
State, is of the total number of persons of those ages within the State 
attending school''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1755, 1757, 1766, 1769, 1776 
of this title.
