42 U.S.C. § 1769b–1 (THE PUBLIC HEALTH AND WELFARE)
§ 1769b–1. Training, technical assistance, and food service management institute
(a) General authority
The Secretary—
(1) subject to the availability of, and from, amounts appropriated pursuant to subsection (e)(1), shall conduct training activities and provide—
(A) training and technical assistance to improve the skills of individuals employed in—
(i) food service programs carried out with assistance under this chapter and, to the maximum extent practicable, using individuals who administer exemplary local food service programs in the State;
(ii) school breakfast programs carried out with assistance under section 1773 of this title; and
(iii) as appropriate, other federally assisted feeding programs; and
(B) assistance, on a competitive basis, to State agencies for the purpose of aiding schools and school food authorities with at least 50 percent of enrolled children certified to receive free or reduced price meals (and, if there are any remaining funds, other schools and school food authorities) in meeting the cost of acquiring or upgrading technology and information management systems for use in food service programs carried out under this chapter and section 1773 of this title, if the school or school food authority submits to the State agency an infrastructure development plan that—
(i) addresses the cost savings and improvements in program integrity and operations that would result from the use of new or upgraded technology;
(ii) ensures that there is not any overt identification of any child by special tokens or tickets, announced or published list of names, or by any other means;
(iii) provides for processing and verifying applications for free and reduced price school meals;
(iv) integrates menu planning, production, and serving data to monitor compliance with section 1758(f)(1) of this title; and
(v) establishes compatibility with statewide reporting systems;
(C) assistance, on a competitive basis, to State agencies with low proportions of schools or students that—
(i) participate in the school breakfast program under section 1773 of this title; and
(ii) demonstrate the greatest need, for the purpose of aiding schools in meeting costs associated with initiating or expanding a school breakfast program under section 1773 of this title, including outreach and informational activities; and
(2) from amounts appropriated pursuant to subsection (e)(2), is authorized to provide financial and other assistance to the University of Mississippi, in cooperation with the University of Southern Mississippi, to establish and maintain a food service management institute.
(b) Minimum requirements
The activities conducted and assistance provided as required by subsection (a)(1) shall at least include activities and assistance with respect to—
(1) menu planning;
(2) implementation of regulations and appropriate guidelines; and
(3) compliance with program requirements and accountability for program operations.
(c) Duties of food service management institute
(1) In general
Any food service management institute established as authorized by subsection (a)(2) shall carry out activities to improve the general operation and quality of—
(A) food service programs assisted under this chapter;
(B) school breakfast programs assisted under section 1773 of this title; and
(C) as appropriate, other federally assisted feeding programs.
(2) Required activities
Activities carried out under paragraph (1) shall include—
(A) conducting research necessary to assist schools and other organizations that participate in such programs in providing high quality, nutritious, cost-effective meal service to the children served;
(B) providing training and technical assistance with respect to—
(i) efficient use of physical resources;
(ii) financial management;
(iii) efficient use of computers;
(iv) procurement;
(v) sanitation;
(vi) safety, including food handling, hazard analysis and critical control point plan implementation, emergency readiness, responding to a food recall, and food biosecurity training;
(vii) meal planning and related nutrition activities;
(viii) culinary skills; and
(ix) other appropriate activities;
(C) establishing a national network of trained professionals to present training programs and workshops for food service personnel;
(D) developing training materials for use in the programs and workshops described in subparagraph (C);
(E) acting as a clearinghouse for research, studies, and findings concerning all aspects of the operation of food service programs;
(F) training food service personnel to comply with the nutrition guidance and objectives established by the Secretary through a national network of instructors or other means;
(G) preparing informational materials, such as video instruction tapes and menu planners, to promote healthier food preparation; and
(H) assisting State educational agencies in providing additional nutrition and health instructions and instructors, including training personnel to comply with the nutrition guidance and objectives established by the Secretary.
(d) Coordination
(1) In general
The Secretary shall coordinate activities carried out and assistance provided as required by subsection (b) with activities carried out by any food service management institute established as authorized by subsection (a)(2).
(2) Use of institute for dietary and nutrition activities
The Secretary shall use any food service management institute established under subsection (a)(2) to assist in carrying out dietary and nutrition activities of the Secretary.
(e) Food service management institute
(1) Funding
(A) In general
In addition to any amounts otherwise made available for fiscal year 2011, on October 1, 2010, and each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out subsection (a)(2) $5,000,000, to remain available until expended.
(B) Receipt and acceptance
The Secretary shall be entitled to receive, shall accept, and shall use to carry out subsection (a)(2) the funds transferred under subparagraph (A), without further appropriation.
(2) Additional funding
In addition to amounts made available under paragraph (1), there are authorized to be appropriated to carry out subsection (a)(2) such sums as are necessary for fiscal year 1995 and each subsequent fiscal year. The Secretary shall carry out activities under subsection (a)(2), in addition to the activities funded under paragraph (1), to the extent provided for, and in such amounts as are provided for, in advance in appropriations Acts.
(3) Funding for education, training, or applied research or studies
In addition to amounts made available under paragraphs (1) and (2), from amounts otherwise appropriated to the Secretary in discretionary appropriations, the Secretary may provide funds to any food service management institute established under subsection (a)(2) for projects specified by the Secretary that will contribute to implementing dietary or nutrition initiatives. Any additional funding under this subparagraph shall be provided noncompetitively in a separate cooperative agreement.
(f) Administrative training and technical assistance material
In collaboration with State educational agencies, local educational agencies, and school food authorities of varying sizes, the Secretary shall develop and distribute training and technical assistance material relating to the administration of school meals programs that are representative of the best management and administrative practices.
(g) Federal administrative support
(1) Funding
(A) In general
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this subsection—
(i) on October 1, 2004, and October 1, 2005, $3,000,000;
(ii) on October 1, 2006, October 1, 2007, October 1, 2008, and October 1, 2009, $2,000,000; and
(iii) on October 1, 2010, and every October 1 thereafter, $4,000,000.
(B) Receipt and acceptance
The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.
(C) Availability of funds
Funds transferred under subparagraph (A) shall remain available until expended.
(2) Use of funds
The Secretary may use funds provided under this subsection—
(A) to provide training and technical assistance and material related to improving program integrity and administrative accuracy in school meals programs; and
(B) to assist State educational agencies in reviewing the administrative practices of local educational agencies, to the extent determined by the Secretary.
(June 4, 1946, ch. 281, § 21, as added Pub. L. 101–147, title I, § 109, Nov. 10, 1989, 103 Stat. 887; amended Pub. L. 102–337, § 1, Aug. 7, 1992, 106 Stat. 865; Pub. L. 103–448, title I, § 120, Nov. 2, 1994, 108 Stat. 4726; Pub. L. 105–336, title I, §§ 103(c)(2), 110, Oct. 31, 1998, 112 Stat. 3147, 3157; Pub. L. 108–265, title I, §§ 125, 126(a), title II, § 205(b), June 30, 2004, 118 Stat. 761, 763, 787; Pub. L. 108–447, div. A, title VII, § 788(c), Dec. 8, 2004, 118 Stat. 2851; Pub. L. 111–80, title VII, § 749(e), Oct. 21, 2009, 123 Stat. 2132; Pub. L. 111–296, title IV, §§ 406, 407, Dec. 13, 2010, 124 Stat. 3259, 3260.)
heading: Editorial Notes
heading: Amendments
text: 2010—Subsec. (e). Pub. L. 111–296, § 406, substituted “Food service management institute” for “Authorization of appropriations” in heading, added par. (1), redesignated former subpars. (B) and (C) of former par. (2) as pars. (2) and (3), respectively, and realigned margins, substituted “paragraph (1)” for “subparagraph (A)” in two places in par. (2) and “paragraphs (1) and (2)” for “subparagraphs (A) and (B)” in par. (3), and struck out former pars. (1) and (2)(A) which related to authorization of appropriations for training activities and technical assistance and funding for the food service management institute, respectively.
Subsec. (g)(1)(A)(iii). Pub. L. 111–296, § 407, added cl. (iii).
2009—Subsec. (g)(1)(A)(ii). Pub. L. 111–80 substituted “October 1, 2008, and October 1, 2009” for “and October 1, 2008”.
2004—Subsec. (a)(1). Pub. L. 108–265, § 125(a), substituted provisions relating to training and technical assistance under this chapter, section 1773 of this title, and other federally assisted programs, including assistance on a competitive basis to State agencies for the purpose of aiding schools with at least 50 percent of enrolled children certified to receive free or reduced price meals, and to State agencies with low proportions of students that participate in the school breakfast program and demonstrate the greatest need, for provisions relating to training activities and technical assistance under this chapter, section 1773 of this title, and other federally assisted programs.
Subsec. (c)(2)(B)(vi) to (x). Pub. L. 108–265, § 125(b), added cl. (vi), struck out former cls. (vi) and (vii), which related to safety and food handling, respectively, and redesignated former cls. (viii) to (x) as (vii) to (ix), respectively.
Subsec. (c)(2)(E). Pub. L. 108–265, § 205(b), struck out “, including activities carried out with assistance provided under section 1788 of this title” before semicolon at end.
Subsec. (e)(1). Pub. L. 108–265, § 125(c)(1), substituted “2009” for “2003”.
Subsec. (e)(2)(A). Pub. L. 108–447 inserted “and” after “2005”.
Pub. L. 108–265, § 125(c)(2), substituted “provide to the Secretary” for “provide to the Secretary $147,000 for fiscal year 1995, $2,000,000 for each of fiscal years 1996 through 1998, and” and “2004 and $4,000,000 for fiscal year 2005” for “1999 and”.
Subsecs. (f), (g). Pub. L. 108–265, § 126(a), added subsecs. (f) and (g).
1998—Subsec. (c)(2)(F), (H). Pub. L. 105–336, § 110(a), substituted “established by the Secretary” for “of section 1769e of this title”.
Subsec. (e)(1). Pub. L. 105–336, § 110(b), substituted “2003” for “1998”.
Subsec. (e)(2)(A). Pub. L. 105–336, § 110(c), substituted “$2,000,000 for each of fiscal years 1996 through 1998, and $3,000,000 for fiscal year 1999 and each subsequent fiscal year,” for “and $2,000,000 for fiscal year 1996 and each subsequent fiscal year,” in first sentence.
Pub. L. 105–336, § 103(c)(2), inserted “, without further appropriation” before period at end of second sentence.
1994—Subsec. (a)(1). Pub. L. 103–448, § 120(c)(1), substituted “subject to the availability of, and from, amounts” for “from amounts” in introductory provisions.
Subsec. (c)(2)(B)(ix), (x). Pub. L. 103–448, § 120(a)(1), added cl. (ix) and redesignated former cl. (ix) as (x).
Subsec. (c)(2)(F) to (H). Pub. L. 103–448, § 120(a)(2)–(4), added subpars. (F) to (H).
Subsec. (d). Pub. L. 103–448, § 120(b), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (e). Pub. L. 103–448, § 120(c)(2), added subsec. (e) and struck out former subsec. (e) which read as follows: “There are authorized to be appropriated—
“(1) $3,000,000 for the fiscal year 1990, $2,000,000 for the fiscal year 1991, and $1,000,000 for each of the fiscal years 1992, 1993, and 1994 for purposes of carrying out subsection (a)(1) of this section; and
“(2) $1,000,000 for the fiscal year 1990 and $4,000,000 for each of the fiscal years 1991, 1992, 1993, and 1994 for purposes of carrying out subsection (a)(2) of this section.”
1992—Subsec. (a)(2). Pub. L. 102–337 inserted “to provide financial and other assistance to the University of Mississippi, in cooperation with the University of Southern Mississippi,” after “is authorized”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2010 Amendment
text: 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.
heading: Effective Date of 1998 Amendment
text: 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.
heading: Effective Date of 1994 Amendment
text: 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.