42 USC 1769c - Compliance and accountability

U.S Code last checked for updates: Oct 17, 2024

§ 1769c.

Compliance and accountability

(a)

Unified accountability system

(1)

 So in original. No par. (2) has been enacted.

In general

There shall be a unified system prescribed and administered by the Secretary to ensure that local food service authorities participating in the school lunch program established under this chapter and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) comply with those Acts, including compliance with—

(A)

the nutritional requirements of section 1758(f) of this title for school lunches; and

(B)

as applicable, the nutritional requirements for school breakfasts under section 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).

(b)

Functions of system

(1)

In general

Under the system described in subsection (a), each State educational agency shall—

(A)

require that local food service authorities comply with the nutritional requirements described in subparagraphs (A) and (B) of paragraph (1); 2

 So in original. Probably means subpars. (A) and (B) of par. (1) of subsec. (a).

(B)

to the maximum extent practicable, ensure compliance through reasonable audits and supervisory assistance reviews;

(C)

in conducting audits and reviews for the purpose of determining compliance with this chapter, including the nutritional requirements of section 1758(f) of this title—

(i)

conduct audits and reviews during a 3-year cycle or other period prescribed by the Secretary;

(ii)

select schools for review in each local educational agency using criteria established by the Secretary;

(iii)

report the final results of the reviews to the public in the State in an accessible, easily understood manner in accordance with guidelines promulgated by the Secretary; and

(iv)

submit to the Secretary each year a report containing the results of the reviews in accordance with procedures developed by the Secretary; and

(D)

when any local food service authority is reviewed under this section, ensure that the final results of the review by the State educational agency are posted and otherwise made available to the public on request in an accessible, easily understood manner in accordance with guidelines promulgated by the Secretary.

(2)

Minimization of additional duties

(3)

Additional review requirement for selected local educational agencies

(A)

Definition of selected local educational agencies

(B)

Additional administrative review

(C)

Scope of review

(D)

Results of review

If the State educational agency determines (on the basis of a review conducted under subparagraph (B)) that a selected local educational agency fails to meet performance criteria established by the Secretary, the State educational agency shall—

(i)

require the selected local educational agency to develop and carry out an approved plan of corrective action;

(ii)

except to the extent technical assistance is provided directly by the Secretary, provide technical assistance to assist the selected local educational agency in carrying out the corrective action plan; and

(iii)

conduct a followup review of the selected local educational agency under standards established by the Secretary.

(4)

Retaining funds after administrative reviews

(A)

In general

(B)

Amount

(C)

Time period

The period for determining the value of any overpayment under subparagraph (B) shall be the period—

(i)

beginning on the date the erroneous claim was made; and

(ii)

ending on the earlier of the date the erroneous claim is corrected or—

(I)

in the case of the first followup review conducted by the State educational agency of the local educational agency under this section after July 1, 2005, the date that is 60 days after the beginning of the period under clause (i); or

(II)

in the case of any subsequent followup review conducted by the State educational agency of the local educational agency under this section, the date that is 90 days after the beginning of the period under clause (i).

(5)

Use of retained funds

(A)

In general

Subject to subparagraph (B), funds retained under paragraph (4) shall—

(i)

be returned to the Secretary, and may be used—

(I)

to provide training and technical assistance related to administrative practices designed to improve program integrity and administrative accuracy in school meals programs to State educational agencies and, to the extent determined by the Secretary, to local educational agencies and school food authorities;

(II)

to assist State educational agencies in reviewing the administrative practices of local educational agencies in carrying out school meals programs; and

(III)

to carry out section 1769b–1(f) of this title; or

(ii)

be credited to the child nutrition programs appropriation account.

(B)

State share

(C)

Requirement

To be eligible to retain funds under subparagraph (B), a State educational agency shall—

(i)

submit to the Secretary a plan describing how the State educational agency will use the funds to improve school meals program integrity, including measures to give priority to local educational agencies from which funds were retained under paragraph (4);

(ii)

consider using individuals who administer exemplary local food service programs in the provision of training and technical assistance; and

(iii)

obtain the approval of the Secretary for the plan.

(6)

Eligibility determination review for selected local educational agencies

(A)

In general

(B)

Timeliness

The review of initial eligibility determinations—

(i)

shall be completed in a timely manner; and

(ii)

shall not result in the delay of an eligibility determination for more than 10 operating days after the date on which the application is submitted.

(C)

Acceptable types of review

(D)

Notification of household

(E)

Reporting

(i)

Local educational agencies

In accordance with procedures established by the Secretary, each local educational agency required to review initial eligibility determinations shall submit to the relevant State agency a report describing the results of the reviews, including—

(I)

the number and percentage of reviewed applications for which the eligibility determination was changed and the type of change made; and

(II)

such other information as the Secretary determines to be necessary.

(ii)

State agencies

In accordance with procedures established by the Secretary, each State agency shall submit to the Secretary a report describing the results of the reviews of initial eligibility determinations, including—

(I)

the number and percentage of reviewed applications for which the eligibility determination was changed and the type of change made; and

(II)

such other information as the Secretary determines to be necessary.

(iii)

Transparency

(c)

Role of Secretary

In carrying out this section, the Secretary shall—

(1)

assist the State educational agency in the monitoring of programs conducted by local food service authorities; and

(2)

through management evaluations, review the compliance of the State educational agency and the local school food service authorities with regulations issued under this chapter.

(d)

Authorization of appropriations

(e)

Fines for violating program requirements

(1)

School food authorities and schools

(A)

In general

The Secretary shall establish criteria by which the Secretary or a State agency may impose a fine against any school food authority or school administering a program authorized under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if the Secretary or the State agency determines that the school food authority or school has—

(i)

failed to correct severe mismanagement of the program;

(ii)

disregarded a program requirement of which the school food authority or school had been informed; or

(iii)

failed to correct repeated violations of program requirements.

(B)

Limits

(i)

In general

(ii)

Amount

The amount under clause (i) shall not exceed—

(I)

1 percent of the amount of meal reimbursements earned for the fiscal year for the first finding of 1 or more program violations under subparagraph (A);

(II)

5 percent of the amount of meal reimbursements earned for the fiscal year for the second finding of 1 or more program violations under subparagraph (A); and

(III)

10 percent of the amount of meal reimbursements earned for the fiscal year for the third or subsequent finding of 1 or more program violations under subparagraph (A).

(2)

State agencies

(A)

In general

The Secretary shall establish criteria by which the Secretary may impose a fine against any State agency administering a program authorized under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if the Secretary determines that the State agency has—

(i)

failed to correct severe mismanagement of the program;

(ii)

disregarded a program requirement of which the State had been informed; or

(iii)

failed to correct repeated violations of program requirements.

(B)

Limits

In the case of a State agency, the amount of a fine under subparagraph (A) shall not exceed—

(i)

1 percent of funds made available under section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) for State administrative expenses during a fiscal year for the first finding of 1 or more program violations under subparagraph (A);

(ii)

5 percent of funds made available under section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) for State administrative expenses during a fiscal year for the second finding of 1 or more program violations under subparagraph (A); and

(iii)

10 percent of funds made available under section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) for State administrative expenses during a fiscal year for the third or subsequent finding of 1 or more program violations under subparagraph (A).

(3)

Source of funding

(June 4, 1946, ch. 281, § 22, as added Pub. L. 101–147, title I, § 110(a), Nov. 10, 1989, 103 Stat. 889; amended Pub. L. 103–448, title I, § 121, Nov. 2, 1994, 108 Stat. 4727; Pub. L. 105–336, title I, § 111, Oct. 31, 1998, 112 Stat. 3157; Pub. L. 108–265, title I, §§ 126(b)(1), 127, June 30, 2004, 118 Stat. 763, 767; Pub. L. 111–296, title II, § 207, title III, §§ 303, 304, title IV, § 408, Dec. 13, 2010, 124 Stat. 3220, 3240, 3242, 3260.)

cite as: 42 USC 1769c