
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: 42USC1774]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 13A--CHILD NUTRITION
 
Sec. 1774. Disbursement directly to schools or institutions

    (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) 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.

(Pub. L. 89-642, Sec. 5, as added Pub. L. 97-35, title VIII, 
Sec. 817(e), Aug. 13, 1981, 95 Stat. 532.)


                            Prior Provisions

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


                             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, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1769, 1775 of this title.
