1994 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 13 - SCHOOL LUNCH PROGRAMS
Sec. 1766b - Homeless children nutrition program

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§1766b. Homeless children nutrition program (a) In general

The Secretary shall conduct projects designed to provide food service throughout the year to homeless children under the age of 6 in emergency shelters.

(b) Agreements to participate in projects (1) In general

The Secretary shall enter into agreements with State, city, local, or county governments, other public entities, or private nonprofit organizations to participate in the projects conducted under this section.

(2) Eligibility requirements

The Secretary shall establish eligibility requirements for the entities described in paragraph (1) that desire to participate in the projects conducted under this section. The requirements shall include the following:

(A) Each private nonprofit organization shall operate not more than 5 food service sites under the project and shall serve not more than 300 homeless children at each such site.

(B) Each site operated by each such organization shall meet applicable State and local health, safety, and sanitation standards.

(c) Project requirements (1) In general

A project conducted under this section shall—

(A) use the same meal patterns and receive reimbursement payments for meals and supplements at the same rates provided to child care centers participating in the child care food program under section 1766 of this title for free meals and supplements; and

(B) receive reimbursement payments for meals and supplements served on Saturdays, Sundays, and holidays, at the request of the sponsor of any such project.

(2) Modification

The Secretary may modify the meal pattern requirements to take into account the needs of infants.

(3) Homeless children eligible for free meals without application

Homeless children under the age of 6 in emergency shelters shall be considered eligible for free meals without application.

(d) Funding priorities

From the amount described in subsection (g) of this section, the Secretary shall provide funding for projects carried out under this section for a particular fiscal year (referred to in this subsection as the “current fiscal year”) in the following order of priority, to the maximum extent practicable:

(1) The Secretary shall first provide the funding to entities and organizations, each of which—

(A) received funding under this section or section 1769(c) of this title (as in effect on the day before November 2, 1994) to carry out a project for the preceding fiscal year; and

(B) is eligible to receive funding under this section to carry out the project for the current fiscal year;

to enable the entity or organization to carry out the project under this section for the current fiscal year at the level of service provided by the project during the preceding fiscal year.

(2) From the portion of the amount that remains after the application of paragraph (1), the Secretary shall provide funds to entities and organizations, each of which is eligible to receive funding under this section, to enable the entity or organization to carry out a new project under this section for the current fiscal year, or to expand the level of service provided by a project for the current fiscal year over the level provided by the project during the preceding fiscal year.

(e) Notice

The Secretary shall advise each State of the availability of the projects conducted under this subsection for States, cities, counties, local governments, and other public entities, and shall advise each State of the procedures for applying to participate in the project.

(f) Plan to allow participation in child and adult care food program

Not later than September 30, 1996, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a plan describing—

(1) how emergency shelters and homeless children who have not attained the age of 6 and who are served by the shelters under the program might participate in the child and adult care food program authorized under section 1766 of this title by September 30, 1998; and

(2) the advantages and disadvantages of the action described in paragraph (1).

(g) Funding (1) In general

In addition to any amounts made available under section 1776(a)(5)(B)(i)(I) of this title and any amounts that are otherwise made available for fiscal year 1995, out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary to carry out this section ,800,000 for fiscal year 1995, ,600,000 for fiscal year 1996, ,100,000 for fiscal year 1997, ,400,000 for fiscal year 1998, and ,700,000 for fiscal year 1999 and each succeeding fiscal year. The Secretary shall be entitled to receive the funds and shall accept the funds.

(2) Insufficient number of applicants

The Secretary may expend less than the amount described in paragraph (1) for a fiscal year if there is an insufficient number of suitable applicants to carry out projects under this section for the fiscal year. Any funds made available under this subsection to carry out the projects for a fiscal year that are not obligated to carry out the projects in the fiscal year shall remain available until expended for purposes of carrying out the projects.

(h) “Emergency shelter” defined

As used in this section, the term “emergency shelter” has the meaning provided the term in section 11351(2) of this title.

(June 4, 1946, ch. 281, §17B, as added Nov. 2, 1994, Pub. L. 103–448, title I, §117(a)(1), 108 Stat. 4715.)

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Economic and Educational Opportunities of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Effective Date

Section effective Oct. 1, 1994, see section 401 of Pub. L. 103–448, set out as an Effective Date of 1994 Amendment note under section 1755 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1769, 1769f, 1776 of this title.