8 U.S.C. § 1621 — Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other Acts
Federal law — U.S. Code and appendices · legal_authorities
**(a) School lunch and breakfast programs** Notwithstanding any other provision of this Act, an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school lunch program under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ([42 U.S.C. 1773](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1773&num=0&edition=prelim)) on the basis of citizenship, alienage, or immigration status.
**(b) Other programs**
(1) **In general** — Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in [section 1641(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641/b&num=0&edition=prelim), benefits under programs established under the provisions of law described in paragraph (2).
(2) **Provisions of law described** — The provisions of law described in this paragraph are the following:
(A) Programs (other than the school lunch program and the school breakfast program) under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.) and the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.).
(B) Section 4 of the Agriculture and Consumer Protection Act of 1973 ([7 U.S.C. 612c](https://uscode.house.gov
File SHA-256: 328ef40d2442eb8ffa57311ebeb20db3dc1dccb9a26f5c1273aeae2e394b652f. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:record_usc_046f7d6c30b72fc3596d1e82 Source file: Laws/federal/codes/united-states-code/title-8/section-1621-requirements-relating-to-provision-of-benefits-based-on-citizenship-alie--e189efa854.md Pages: Not recorded – Not recorded Passage SHA-256: b028a28830b96dc44aacfbde549f1f44b0dcc4f6747c81f3cba487b941e8b9a6 Retained source evidence SHA-256: 328ef40d2442eb8ffa57311ebeb20db3dc1dccb9a26f5c1273aeae2e394b652f
Source location: Title 8, Chapter 14, § 1621; chapter-014-restricting-welfare-and-public-benefits-for-aliens.md
Stored source content
**(a) School lunch and breakfast programs** Notwithstanding any other provision of this Act, an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school lunch program under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ([42 U.S.C. 1773](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1773&num=0&edition=prelim)) on the basis of citizenship, alienage, or immigration status.
**(b) Other programs**
(1) **In general** — Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in [section 1641(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641/b&num=0&edition=prelim), benefits under programs established under the provisions of law described in paragraph (2).
(2) **Provisions of law described** — The provisions of law described in this paragraph are the following:
(A) Programs (other than the school lunch program and the school breakfast program) under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.) and the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.).
(B) Section 4 of the Agriculture and Consumer Protection Act of 1973 ([7 U.S.C. 612c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section612c&num=0&edition=prelim) note).
(C) The Emergency Food Assistance Act of 1983 [7 U.S.C 7501 et seq.].
(D) The food distribution program on Indian reservations established under [section 2013(b) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2013/b&num=0&edition=prelim).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1751. Congressional declaration of policy
It is declared to be the policy of Congress, as
a measure of national security, to safeguard the
health and well-being of the Nation’s children
and to encourage the domestic consumption of
nutritious agricultural commodities and other
food, by assisting the States, through grants-in-
aid and other means, in providing an adequate
supply of foods and other facilities for the estab-
lishment, maintenance, operation, and expan-
sion of nonprofit school lunch programs.
(June 4, 1946, ch. 281, § 2, 60 Stat. 230; Pub. L.
101–147, title III, § 312(1), Nov. 10, 1989, 103 Stat.
916.)
Editorial Notes
AMENDMENTS
1989—Pub. L. 101–147 substituted ‘‘school lunch’’ for
‘‘school-lunch’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–296, title IV, § 445, Dec. 13, 2010, 124 Stat.
3266, provided that: ‘‘Except as otherwise specifically
provided in this Act [see Short Title of 2010 Amend-
ment note below] or any of the amendments made by
this Act, this Act and the amendments made by this
Act take effect on October 1, 2010.’’
EFFECTIVE DATE OF 1989 AMENDMENT
Pub. L. 101–147, § 2, Nov. 10, 1989, 103 Stat. 878, pro-
vided that: ‘‘Except as otherwise provided in this Act,
the amendments made by this Act [see Short Title of
1989 Amendment note below] shall take effect on the
date of the enactment of this Act [Nov. 10, 1989].’’
SHORT TITLE OF 2022 AMENDMENT
Pub. L. 117–158, § 1, June 25, 2022, 136 Stat. 1309, pro-
vided that: ‘‘This Act [amending section 2254c of Title
7, Agriculture, enacting provisions set out as notes
under sections 1753, 1760, and 1766 of this title, and
amending provisions set out as a note under section
1760 of this title] may be cited as the ‘Keep Kids Fed
Act
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation’s children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1771. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1771. Congressional declaration of purpose
In recognition of the demonstrated relation-
ship between food and good nutrition and the ca-
pacity of children to develop and learn, based on
the years of cumulative successful experience
under the national school lunch program with
its significant contributions in the field of ap-
plied nutrition research, it is hereby declared to
be the policy of Congress that these efforts shall
be extended, expanded, and strengthened under
the authority of the Secretary of Agriculture as
a measure to safeguard the health and well-
being of the Nation’s children, and to encourage
the domestic consumption of agricultural and
other foods, by assisting States, through grants-
in-aid and other means, to meet more effectively
the nutritional needs of our children.
(Pub. L. 89–642, § 2, Oct. 11, 1966, 80 Stat. 885.)
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2022 AMENDMENT
Pub. L. 117–129, § 1, May 21, 2022, 136 Stat. 1225, pro-
vided that: ‘‘This Act [amending section 1786 of this
title] may be cited as the ‘Access to Baby Formula Act
of 2022’.’’
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–247, § 1, June 20, 2008, 122 Stat. 2314, pro-
vided that: ‘‘This Act [enacting section 1792 of this title
and provisions set out as notes under section 1792 of
this title] may be cited as the ‘Federal Food Donation
Act of 2008’.’’
SHORT TITLE OF 1992 AMENDMENTS
Pub. L. 102–512, § 1, Oct. 24, 1992, 106 Stat. 3363, pro-
vided that: ‘‘This Act [amending sections 1769, 1776, and
1786 of this title and enacting provisions set out as
notes under this section and sections 1769 and 1786 of
this title] may be cited as the ‘Children’s Nutrition As-
sistance Act of 1992’.’’
Pub. L. 102–512, title I, § 101, Oct. 24, 1992, 106 Stat.
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1771. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; authorization of appropriations** There is hereby authorized to be appropriated such sums as are necessary to enable the Secretary to carry out a program to assist the States and the Department of Defense through grants-in-aid and other means to initiate, maintain, or expand nonprofit breakfast programs in all schools which make application for assistance and agree to carry out a nonprofit breakfast program in accordance with this chapter. Appropriations and expenditures for this chapter shall be considered Health and Human Services functions for budget purposes rather than functions of Agriculture.
**(b) Breakfast assistance payments to State educational agencies; calculation; national average payments for breakfasts, free breakfasts and reduced price breakfasts; maximum price for reduced cost breakfasts; minimum daily nutrition requirements criteria; additional payments for severe need schools; maximum severe need payments**
(1)
(A)
(i) The Secretary shall make breakfast assistance payments to each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in an amount equal to the product obtained by multiplying—
(I) the number of breakfasts served during such fiscal year to children in schools in such States which participate in the school breakfast program under agreements with such State educational agency; by
(II) the national average breakfast payment for free breakfasts, for reduced price breakfasts, or for breakfasts served to children not eligible for free or reduced price meals, as appropriate, as prescribed in clause (B) of this paragraph.
(ii) The agreements described in clause (i)(I) shall be permanent agreements that may be amended
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1773. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1773. School breakfast program
(a) Establishment; authorization of appropria-
tions
There is hereby authorized to be appropriated
such sums as are necessary to enable the Sec-
retary to carry out a program to assist the
States and the Department of Defense through
grants-in-aid and other means to initiate, main-
tain, or expand nonprofit breakfast programs in
all schools which make application for assist-
ance and agree to carry out a nonprofit break-
fast program in accordance with this chapter.
Appropriations and expenditures for this chap-
ter shall be considered Health and Human Serv-
ices functions for budget purposes rather than
functions of Agriculture.
(b) Breakfast assistance payments to State edu-
cational agencies; calculation; national aver-
age payments for breakfasts, free breakfasts
and reduced price breakfasts; maximum
price for reduced cost breakfasts; minimum
daily nutrition requirements criteria; addi-
tional payments for severe need schools;
maximum severe need payments
(1)(A)(i) The Secretary shall make breakfast
assistance payments to each State educational
agency each fiscal year, at such times as the
Secretary may determine, from the sums appro-
priated for such purpose, in an amount equal to
the product obtained by multiplying—
(I) the number of breakfasts served during
such fiscal year to children in schools in such
States which participate in the school break-
fast program under agreements with such
State educational agency; by
(II) the national average breakfast payment
for free breakfasts, for reduced price break-
fasts, or for breakfasts served to children not
eligible for free or reduced price meals, as ap-
Page 5005
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1773
propriate, as prescribed in clause (B) of this
pa
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1773. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
There is appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers’ purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 612c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 612c. Appropriation to encourage exportation
and domestic consumption of agricultural
products
There is appropriated for each fiscal year be-
ginning with the fiscal year ending June 30, 1936
an amount equal to 30 per centum of the gross
receipts from duties collected under the customs
laws during the period January 1 to December
31, both inclusive, preceding the beginning of
each such fiscal year. Such sums shall be main-
tained in a separate fund and shall be used by
the Secretary of Agriculture only to (1) encour-
age the exportation of agricultural commodities
and products thereof by the payment of benefits
in connection with the exportation thereof or of
indemnities for losses incurred in connection
with such exportation or by payments to pro-
ducers in connection with the production of that
part of any agricultural commodity required for
domestic consumption; (2) encourage the domes-
Page 487
TITLE 7—AGRICULTURE
§ 612c
1 See References in Text note below.
tic consumption of such commodities or prod-
ucts by diverting them, by the payment of bene-
fits or indemnities or by other means, from the
normal channels of trade and commerce or by
increasing their utilization through benefits, in-
demnities, donations or by other means, among
persons in low income groups as determined by
the Secretary of Agriculture; and (3) reestablish
farmers’ purchasing power by making payments
in connection with the normal production of any
agricultural commodity for domestic consump-
tion. Determinations by the Secretary as to
what constitutes diversion and what constitutes
normal channels of trade and commerce and
what constitutes normal production for domes-
tic consumption shall be final. The sums appro-
priated under this section shall be expended for
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 612c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Additional commodities** — The term “additional commodities” means commodities made available under [section 7515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7515&num=0&edition=prelim) in addition to the commodities made available under sections 7502 and 7507 of this title.
(2) **Average monthly number of unemployed persons** — The term “average monthly number of unemployed persons” means the average monthly number of unemployed persons in each State during the most recent fiscal year for which information concerning the number of unemployed persons is available, as determined by the Bureau of Labor Statistics of the Department of Labor.
(3) **Eligible recipient agency** — The term “eligible recipient agency” means a public or nonprofit organization that—
(A) administers—
(i) an emergency feeding organization;
(ii) a charitable institution (including a hospital and a retirement home, but excluding a penal institution) to the extent that the institution serves needy persons;
(iii) a summer camp for children, or a child nutrition program providing food service;
(iv) a nutrition project operating under the Older Americans Act of 1965 ([42 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3001&num=0&edition=prelim) et seq.), including a project that operates a congregate nutrition site and a project that provides home-delivered meals; or
(v) a disaster relief program;
(B) has been designated by the appropriate State agency, or by the Secretary; and
(C) has been approved by the Secretary for participation in the program established under this chapter.
(4) **Emergency feeding organization** — The term “emergency feeding organization
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 7501. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 7501. Definitions
In this chapter:
(1) Additional commodities
The term ‘‘additional commodities’’ means
commodities made available under section 7515
of this title in addition to the commodities
made available under sections 7502 and 7507 of
this title.
(2) Average monthly number of unemployed
persons
The term ‘‘average monthly number of un-
employed persons’’ means the average month-
ly number of unemployed persons in each
State during the most recent fiscal year for
which information concerning the number of
unemployed persons is available, as deter-
mined by the Bureau of Labor Statistics of the
Department of Labor.
(3) Eligible recipient agency
The term ‘‘eligible recipient agency’’ means
a public or nonprofit organization that—
(A) administers—
(i) an emergency feeding organization;
(ii) a charitable institution (including a
hospital and a retirement home, but ex-
cluding a penal institution) to the extent
that the institution serves needy persons;
(iii) a summer camp for children, or a
child nutrition program providing food
service;
(iv) a nutrition project operating under
the Older Americans Act of 1965 (42 U.S.C.
3001 et seq.), including a project that oper-
ates a congregate nutrition site and a
project
that
provides
home-delivered
meals; or
(v) a disaster relief program;
(B) has been designated by the appropriate
State agency, or by the Secretary; and
(C) has been approved by the Secretary for
participation in the program established
under this chapter.
(4) Emergency feeding organization
The term ‘‘emergency feeding organization’’
means a public or nonprofit organization that
administers activities and projects (including
the activities and projects of a charitable in-
stitution, a food bank, a food pantry, a hunger
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 7501. This identifies an authority to review, not proof of applicability.