42 USC 1769 - Pilot projects

U.S Code last checked for updates: Nov 22, 2024

§ 1769.

Pilot projects

(a)

Repealed. Pub. L. 111–296, title IV, § 441(a)(9), Dec. 13, 2010, 124 Stat. 3264

(b)

Extension of eligibility of certain school districts to receive cash or commodity letters of credit assistance for school lunch programs

(1)

Upon request to the Secretary, any school district that on January 1, 1987, was receiving all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program shall receive all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program beginning July 1, 1987. The Secretary, directly or through contract, shall administer the project under this subsection.

(2)

Any school district that elects under paragraph (1) to receive all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program shall receive bonus commodities in the same manner as if such school district was receiving all entitlement commodities for its school lunch program.

(c)

Alternative counting and claiming procedures

(1)

The Secretary may conduct pilot projects to test alternative counting and claiming procedures.

(2)

Each pilot program carried out under this subsection shall be evaluated by the Secretary after it has been in operation for 3 years.

(d)

to (f) Repealed. Pub. L. 111–296, title IV, § 441(a)(11)–(13), Dec. 13, 2010, 124 Stat. 3264

(g)

Access to local foods: Patrick Leahy Farm to School Program

(1)

Definition of eligible school

(2)

Program

(3)

Grants

(A)

In general

The Secretary shall award competitive grants under this subsection to be used for—

(i)

training;

(ii)

supporting operations;

(iii)

planning;

(iv)

purchasing equipment;

(v)

developing school gardens;

(vi)

developing partnerships; and

(vii)

implementing farm to school programs.

(B)

Regional balance

In making awards under this subsection, the Secretary shall, to the maximum extent practicable, ensure—

(i)

geographical diversity; and

(ii)

equitable treatment of urban, rural, and tribal communities.

(C)

Maximum amount

(4)

Federal share

(A)

In general

(B)

Federal matching

(5)

Criteria for selection

To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall give the highest priority to funding projects that, as determined by the Secretary—

(A)

make local food products available on the menu of the eligible school;

(B)

serve a high proportion of children who are eligible for free or reduced price lunches;

(C)

incorporate experiential nutrition education activities in curriculum planning that encourage the participation of school children in farm and garden-based agricultural education activities;

(D)

demonstrate collaboration between eligible schools, nongovernmental and community-based organizations, agricultural producer groups, and other community partners;

(E)

include adequate and participatory evaluation plans;

(F)

demonstrate the potential for long-term program sustainability; and

(G)

meet any other criteria that the Secretary determines appropriate.

(6)

Evaluation

(7)

Technical assistance

The Secretary shall provide technical assistance and information to assist eligible schools, State and local agencies, Indian tribal organizations, and nonprofit entities—

(A)

to facilitate the coordination and sharing of information and resources in the Department that may be applicable to the farm to school program;

(B)

to collect and share information on best practices; and

(C)

to disseminate research and data on existing farm to school programs and the potential for programs in underserved areas.

(8)

Funding

(A)

In general

(B)

Receipt and acceptance

(9)

Authorization of appropriations

(h)

Pilot program for high-poverty schools

(1)

In general

(A)

Definitions

In this paragraph:

(i)

Eligible program

The term “eligible program” means—

(I)

a school-based program with hands-on vegetable gardening and nutrition education that is incorporated into the curriculum for 1 or more grades at 2 or more eligible schools; or

(II)

a community-based summer program with hands-on vegetable gardening and nutrition education that is part of, or coordinated with, a summer enrichment program at 2 or more eligible schools.

(ii)

Eligible school

(B)

Establishment

The Secretary shall carry out a pilot program under which the Secretary shall provide to nonprofit organizations or public entities in not more than 5 States grants to develop and run, through eligible programs, community gardens at eligible schools in the States that would—

(i)

be planted, cared for, and harvested by students at the eligible schools; and

(ii)

teach the students participating in the community gardens about agriculture production practices and diet.

(C)

Priority States

Of the States in which grantees under this paragraph are located—

(i)

at least 1 State shall be among the 15 largest States, as determined by the Secretary;

(ii)

at least 1 State shall be among the 16th to 30th largest States, as determined by the Secretary; and

(iii)

at least 1 State shall be a State that is not described in clause (i) or (ii).

(D)

Use of produce

Produce from a community garden provided a grant under this paragraph may be—

(i)

used to supplement food provided at the eligible school;

(ii)

distributed to students to bring home to the families of the students; or

(iii)

donated to a local food bank or senior center nutrition program.

(E)

No cost-sharing requirement

(F)

Evaluation

(2)

Authorization of appropriations

(i)

Year-round services for eligible entities

(1)

In general

A service institution that is described in section 1761(a)(6) of this title (excluding a public school), or a private nonprofit organization described in section 1761(a)(7) of this title, and that is located in the State of California may be reimbursed—

(A)

for up to 2 meals during each day of operation served—

(i)

during the months of May through September;

(ii)

in the case of a service institution that operates a food service program for children on school vacation, at anytime under a continuous school calendar; and

(iii)

in the case of a service institution that provides meal service at a nonschool site to children who are not in school for a period during the school year due to a natural disaster, building repair, court order, or similar case, at anytime during such a period; and

(B)

for a snack served during each day of operation after school hours, weekends, and school holidays during the regular school calendar.

(2)

Payments

(3)

Administration

(4)

Evaluation

(5)

Funding

(j)

Free lunch and breakfast eligibility

(1)

In general

(2)

Income eligibility

(3)

Evaluation

(A)

In general

(B)

Impact assessment

(i)

Children

The evaluation shall assess the impact of this subsection separately on—

(I)

children in households with incomes less than 130 percent of the applicable family income levels contained in the nonfarm poverty income guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with section 1758(b)(1)(B) of this title; and

(II)

children in households with incomes greater than 130 percent and not greater than 185 percent of the applicable family income levels contained in the nonfarm poverty income guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with section 1758(b)(1)(B) of this title.

(ii)

Factors

The evaluation shall assess the impact of this subsection on—

(I)

certification and participation rates in the school lunch and breakfast programs;

(II)

rates of lunch- and breakfast-skipping;

(III)

academic achievement;

(IV)

the allocation of funds authorized in title I of the Elementary and Secondary Education Act [20 U.S.C. 6301 et seq.] to local educational agencies and public schools; and

(V)

other factors determined by the Secretary.

(C)

Cost assessment

(D)

Report

(4)

Authorization of appropriations

(k)

Organic food pilot program

(1)

Establishment

(2)

Use of funds

(A)

In general

The Secretary shall use funds provided under this section—

(i)

to enter into competitively awarded contracts or cooperative agreements with school food authorities selected under paragraph (3); or

(ii)

to make grants to school food authority applicants selected under paragraph (3).

(B)

School food authority uses of funds

(3)

Application

(A)

In general

(B)

Criteria

In selecting contract, grant, or cooperative agreement recipients, the Secretary shall consider—

(i)

the poverty line (as defined in section 9902(2) of this title, including any revision required by that section)) 1

 So in original.

applicable to a family of the size involved of the households in the district served by the school food authority, giving preference to school food authority applicants in which not less than 50 percent of the households in the district are at or below the Federal poverty line;

(ii)

the commitment of each school food authority applicant—

(I)

to improve the nutritional value of school meals;

(II)

to carry out innovative programs that improve the health and wellness of schoolchildren; and

(III)

to evaluate the outcome of the pilot program; and

(iii)

any other criteria the Secretary determines to be appropriate.

(4)

Authorization of appropriations

(June 4, 1946, ch. 281, § 18, formerly § 20, as added Pub. L. 95–166, § 10(2), Nov. 10, 1977, 91 Stat. 1336; amended Pub. L. 95–627, § 11, Nov. 10, 1978, 92 Stat. 3624; renumbered § 18 and amended Pub. L. 99–500, title III, §§ 327, 371(c)(1), Oct. 18, 1986, 100 Stat. 1783–362, 1783–368, and Pub. L. 99–591, title III, §§ 327, 371(c)(1), Oct. 30, 1986, 100 Stat. 3341–365, 3341–372; renumbered § 18 and amended Pub. L. 99–661, div. D, title II, § 4207, title V, § 4501(c)(1), Nov. 14, 1986, 100 Stat. 4073, 4080; Pub. L. 100–237, § 5, Jan. 8, 1988, 101 Stat. 1739; Pub. L. 101–147, title I, § 107, title II, § 205(a), title III, § 311, Nov. 10, 1989, 103 Stat. 886, 910, 916; Pub. L. 102–342, title I, § 101(a), title III, § 301, Aug. 14, 1992, 106 Stat. 911, 913; Pub. L. 102–512, title I, § 102, Oct. 24, 1992, 106 Stat. 3363; Pub. L. 103–448, title I, §§ 117(a)(2)(A), (b), 118, Nov. 2, 1994, 108 Stat. 4717, 4719; Pub. L. 104–193, title VII, § 709, Aug. 22, 1996, 110 Stat. 2301; Pub. L. 105–336, title I, § 109(a)–(c)(1), Oct. 31, 1998, 112 Stat. 3154–3156; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 102(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–215; Pub. L. 107–171, title IV, § 4305(a), May 13, 2002, 116 Stat. 332; Pub. L. 108–30, § 1, May 29, 2003, 117 Stat. 774; Pub. L. 108–134, § 5(2), Nov. 22, 2003, 117 Stat. 1390; Pub. L. 108–211, § 5(b), Mar. 31, 2004, 118 Stat. 567; Pub. L. 108–265, title I, §§ 116(f), 120–124, June 30, 2004, 118 Stat. 750, 756–760; Pub. L. 109–97, title VII, § 777(a), Nov. 10, 2005, 119 Stat. 2161; Pub. L. 110–161, div. A, title VII, § 738(b), Dec. 26, 2007, 121 Stat. 1880; Pub. L. 110–234, title IV, §§ 4303, 4304(b), May 22, 2008, 122 Stat. 1126, 1131; Pub. L. 110–246, § 4(a), title IV, §§ 4303, 4304(b), June 18, 2008, 122 Stat. 1664, 1887, 1892; Pub. L. 111–80, title VII, § 749(d), Oct. 21, 2009, 123 Stat. 2132; Pub. L. 111–296, title II, §§ 210, 243, title IV, §§ 405, 441(a)(9)–(13), Dec. 13, 2010, 124 Stat. 3223, 3236, 3259, 3264; Pub. L. 117–328, div. A, title VII, § 777, Dec. 29, 2022, 136 Stat. 4510.)

cite as: 42 USC 1769