---
kind: "section"
citation: "42 U.S.C. § 1769b–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1769b–1"
heading: "Training, technical assistance, and food service management institute"
release: "119-102"
url: "https://uscodex.org/usc/42/1769b-1"
units:
  - "Chapter 13 — School Lunch Programs"
---

# §1769b–1. Training, technical assistance, and food service management institute

- (a) **General authority—** The [Secretary](/usc/42/1760.md?p=d-7)—
  - (1) subject to the availability of, and from, amounts appropriated pursuant to [subsection (e)(1)](#e-1), shall conduct [training](/usc/42/285e–2.md?p=b-2) activities and provide—
    - (A) [training](/usc/42/285e–2.md?p=b-2) and technical assistance to improve the skills of individuals employed in—
      - (i) food service [programs](/usc/42/274l–1.md?p=4) carried out with assistance under this chapter and, to the maximum extent practicable, using individuals who administer exemplary local food service [programs](/usc/42/274l–1.md?p=4) in the [State](/usc/42/1760.md?p=d-8);
      - (ii) [school](/usc/42/6372.md?p=1) breakfast [programs](/usc/42/274l–1.md?p=4) carried out with assistance under [section 1773 of this title](/usc/42/1773.md); and
      - (iii) as appropriate, other federally assisted feeding [programs](/usc/42/274l–1.md?p=4); and
    - (B) assistance, on a competitive basis, to [State agencies](/usc/42/1396r–8.md?p=k-9) for the purpose of aiding [schools](/usc/42/6372.md?p=1) and [school](/usc/42/6372.md?p=1) food authorities with at least 50 percent of enrolled [children](/usc/42/256e.md?p=g-2) certified to receive free or reduced price meals (and, if there are any remaining [funds](/usc/42/12854.md?p=3), other [schools](/usc/42/6372.md?p=1) and [school](/usc/42/6372.md?p=1) food authorities) in meeting the cost of acquiring or upgrading technology and information management systems for use in food service [programs](/usc/42/274l–1.md?p=4) carried out under this chapter and [section 1773 of this title](/usc/42/1773.md), if the [school](/usc/42/6372.md?p=1) or [school](/usc/42/6372.md?p=1) food authority submits to the [State agency](/usc/42/1396r–8.md?p=k-9) an infrastructure development plan that—
      - (i) addresses the cost savings and improvements in [program](/usc/42/274l–1.md?p=4) 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](/usc/42/1760.md?p=d-1-A) 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](/usc/42/6372.md?p=1) meals;
      - (iv) integrates menu planning, production, and serving data to monitor compliance with [section 1758(f)(1) of this title](/usc/42/1758.md?p=f-1); and
      - (v) establishes compatibility with statewide reporting systems;
    - (C) assistance, on a competitive basis, to [State agencies](/usc/42/1396r–8.md?p=k-9) with low proportions of [schools](/usc/42/6372.md?p=1) or students that—
      - (i) participate in the [school](/usc/42/6372.md?p=1) breakfast [program](/usc/42/274l–1.md?p=4) under [section 1773 of this title](/usc/42/1773.md); and
      - (ii) demonstrate the greatest need, for the purpose of aiding [schools](/usc/42/6372.md?p=1) in meeting costs associated with initiating or expanding a [school](/usc/42/6372.md?p=1) breakfast [program](/usc/42/274l–1.md?p=4) under [section 1773 of this title](/usc/42/1773.md), including outreach and informational activities; and
  - (2) from amounts appropriated pursuant to [subsection (e)(2)](#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)](#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](/usc/42/274l–1.md?p=4) requirements and accountability for [program](/usc/42/274l–1.md?p=4) operations.
- (c) **Duties of food service management institute—**
  - (1) **In general—** Any food service management institute established as authorized by [subsection (a)(2)](#a-2) shall carry out activities to improve the general operation and quality of—
    - (A) food service [programs](/usc/42/274l–1.md?p=4) assisted under this chapter;
    - (B) [school](/usc/42/6372.md?p=1) breakfast [programs](/usc/42/274l–1.md?p=4) assisted under [section 1773 of this title](/usc/42/1773.md); and
    - (C) as appropriate, other federally assisted feeding [programs](/usc/42/274l–1.md?p=4).
  - (2) **Required activities—** Activities carried out under [paragraph (1)](#c-1) shall include—
    - (A) conducting research necessary to assist [schools](/usc/42/6372.md?p=1) and other organizations that participate in such [programs](/usc/42/274l–1.md?p=4) in providing high quality, nutritious, [cost-effective](/usc/42/1396e.md?p=e-2) meal service to the [children](/usc/42/256e.md?p=g-2) served;
    - (B) providing [training](/usc/42/285e–2.md?p=b-2) 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](/usc/42/5165f.md?p=a-3) analysis and critical control point plan implementation, emergency readiness, responding to a food recall, and food biosecurity [training](/usc/42/285e–2.md?p=b-2);
      - (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](/usc/42/285e–2.md?p=b-2) [programs](/usc/42/274l–1.md?p=4) and workshops for food service personnel;
    - (D) developing [training](/usc/42/285e–2.md?p=b-2) materials for use in the [programs](/usc/42/274l–1.md?p=4) and workshops described in [subparagraph (C)](#c-2-C);
    - (E) acting as a clearinghouse for research, studies, and findings concerning all aspects of the operation of food service [programs](/usc/42/274l–1.md?p=4);
    - (F) [training](/usc/42/285e–2.md?p=b-2) food service personnel to comply with the nutrition guidance and objectives established by the [Secretary](/usc/42/1760.md?p=d-7) 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](/usc/42/1760.md?p=d-9) in providing additional nutrition and health instructions and instructors, including [training](/usc/42/285e–2.md?p=b-2) personnel to comply with the nutrition guidance and objectives established by the [Secretary](/usc/42/1760.md?p=d-7).
- (d) **Coordination—**
  - (1) **In general—** The [Secretary](/usc/42/1760.md?p=d-7) shall coordinate activities carried out and assistance provided as required by [subsection (b)](#b) with activities carried out by any food service management institute established as authorized by [subsection (a)(2)](#a-2).
  - (2) **Use of institute for dietary and nutrition activities—** The [Secretary](/usc/42/1760.md?p=d-7) shall use any food service management institute established under [subsection (a)(2)](#a-2) to assist in carrying out dietary and nutrition activities of the [Secretary](/usc/42/1760.md?p=d-7).
- (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](/usc/42/12854.md?p=3) in the Treasury not otherwise appropriated, the [Secretary](/usc/42/1760.md?p=d-7) of the Treasury shall transfer to the [Secretary](/usc/42/1760.md?p=d-7) to carry out [subsection (a)(2)](#a-2) $5,000,000, to remain available until expended.
    - (B) **Receipt and acceptance—** The [Secretary](/usc/42/1760.md?p=d-7) shall be entitled to receive, shall accept, and shall use to carry out [subsection (a)(2)](#a-2) the [funds](/usc/42/12854.md?p=3) transferred under [subparagraph (A)](#e-1-A), without further appropriation.
  - (2) **Additional funding—** In addition to amounts made available under [paragraph (1)](#e-1), there are authorized to be appropriated to carry out [subsection (a)(2)](#a-2) such sums as are necessary for fiscal year 1995 and each subsequent fiscal year. The [Secretary](/usc/42/1760.md?p=d-7) shall carry out activities under [subsection (a)(2)](#a-2), in addition to the activities funded under [paragraph (1)](#e-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)](#e-1) and [(2)](#e-2), from amounts otherwise appropriated to the [Secretary](/usc/42/1760.md?p=d-7) in discretionary appropriations, the [Secretary](/usc/42/1760.md?p=d-7) may provide [funds](/usc/42/12854.md?p=3) to any food service management institute established under [subsection (a)(2)](#a-2) for [projects](/usc/42/11360.md?p=20) specified by the [Secretary](/usc/42/1760.md?p=d-7) that will contribute to implementing dietary or nutrition [initiatives](/usc/42/19131.md?p=1). Any additional funding under this subparagraph shall be provided noncompetitively in a separate cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A).
- (f) **Administrative training and technical assistance material—** In collaboration with [State educational agencies](/usc/42/1760.md?p=d-9), [local educational agencies](/usc/42/1760.md?p=d-4-A), and [school](/usc/42/6372.md?p=1) food authorities of varying sizes, the [Secretary](/usc/42/1760.md?p=d-7) shall develop and distribute [training](/usc/42/285e–2.md?p=b-2) and technical assistance material relating to the administration of [school](/usc/42/6372.md?p=1) meals [programs](/usc/42/274l–1.md?p=4) that are [representative](/usc/42/3058f.md?p=5) of the best management and administrative [practices](/usc/42/17061.md?p=19).
- (g) **Federal administrative support—**
  - (1) **Funding—**
    - (A) **In general—** Out of any [funds](/usc/42/12854.md?p=3) in the Treasury not otherwise appropriated, the [Secretary](/usc/42/1760.md?p=d-7) of the Treasury shall transfer to the [Secretary](/usc/42/1760.md?p=d-7) 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](/usc/42/1760.md?p=d-7) shall be entitled to receive, shall accept, and shall use to carry out this subsection the [funds](/usc/42/12854.md?p=3) transferred under [subparagraph (A)](#g-1-A), without further appropriation.
    - (C) **Availability of funds—** [Funds](/usc/42/12854.md?p=3) transferred under [subparagraph (A)](#g-1-A) shall remain available until expended.
  - (2) **Use of funds—** The [Secretary](/usc/42/1760.md?p=d-7) may use [funds](/usc/42/12854.md?p=3) provided under this subsection—
    - (A) to provide [training](/usc/42/285e–2.md?p=b-2) and technical assistance and material related to improving [program](/usc/42/274l–1.md?p=4) integrity and administrative accuracy in [school](/usc/42/6372.md?p=1) meals [programs](/usc/42/274l–1.md?p=4); and
    - (B) to assist [State educational agencies](/usc/42/1760.md?p=d-9) in reviewing the administrative [practices](/usc/42/17061.md?p=19) of [local educational agencies](/usc/42/1760.md?p=d-4-A), to the extent determined by the [Secretary](/usc/42/1760.md?p=d-7).

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

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”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

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.

### Effective Date of 1998 Amendment

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.

### Effective Date of 1994 Amendment

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.