42 U.S.C. § 1752
Section 1752 · Authorization of appropriations; Secretary defined
Amended 9 times on record
Applied in 3 court decisions — leading case Alcaraz v. Block (1984)
Most recently applied in 361 F. Supp. 2d 846 - Blair v. City of Evansville, Ind. (March 2005)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
For each fiscal year, there is authorized to be appropriated, out of money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as “the Secretary”) to carry out the provisions of this chapter, other than sections 1761 and 1766 of this title. Appropriations to carry out the provisions of this chapter and of the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] for any fiscal year are authorized to be made a year in advance of the beginning of the fiscal year in which the funds will become available for disbursement to the States. Notwithstanding any other provision of law, any funds appropriated to carry out the provisions of this chapter and the Child Nutrition Act of 1966 shall remain available for the purposes of the Act for which appropriated until expended.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Child Nutrition Act of 1966, referred to in text, is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, as amended, which is classified generally to chapter 13A (§1771 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of this title and Tables.
Codification
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments
1986—Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, which identically directed amendment of section by substituting “sections 1761 and 1766” for “sections 1761, 1766, and 1768” were executed making the substitution for “sections 1761, 1766 and 1768” as the probable intent of Congress.
1975—Pub. L. 94–105 substituted “sections 1761, 1766 and 1768” for “section 1761”.
1974—Pub. L. 93–326 substituted “other than section 1761 of this title” for “other than sections 1759a and 1761 of this title”.
1970—Pub. L. 91–248 provided that appropriations for child food service programs may be made a year in advance of the beginning of the fiscal year in which the funds become available and that funds appropriated for such programs remain available until expended.
1968—Pub. L. 90–302 inserted section 1761 to enumeration of sections excepted from application of this section.
1962—Pub. L. 87–823 struck out “, beginning with the fiscal year ending June 30, 1947,” after “fiscal year” and inserted “, other than section 1759a of this title.”
Appropriations as Functions of Health and Human Services
Section 1 of Pub. L. 90–302, as amended by Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695, provided in part that: “Appropriations shall be considered Health and Human Services functions for budget purposes rather than functions of Agriculture.”