42 U.S.C. § 1769 : US Code - Section 1769: Pilot projects

Search 42 U.S.C. § 1769 : US Code - Section 1769: Pilot projects

(a) Pilot projects for administration of child nutrition programs
by contract or direct disbursement
The Secretary may conduct pilot projects in not more than three
States in which the Secretary is currently administering programs
to evaluate the effects of the Secretary contracting with private
profit and nonprofit organizations to act as a State agency under
this chapter and the Child Nutrition Act of 1966 [42 U.S.C. 1771 et
seq.] for schools, institutions, or service institutions referred
to in section 1759 of this title and section 5 of the Child
Nutrition Act of 1966 [42 U.S.C. 1774].
(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)(A) The Secretary shall carry out a pilot program for purposes
of identifying alternatives to -
(i) daily counting by category of meals provided by school
lunch programs under this chapter; and
(ii) annual applications for eligibility to receive free meals
or reduced price meals.
(B) For the purposes of carrying out the pilot program under this
paragraph, the Secretary may waive requirements of this chapter
relating to counting of meals provided by school lunch programs and
applications for eligibility.
(C) For the purposes of carrying out the pilot program under this
paragraph, the Secretary shall solicit proposals from State
educational agencies and local educational agencies for the
alternatives described in subparagraph (A).
(2)(A) The Secretary shall carry out a pilot program under which
a limited number of schools participating in the special assistance
program under section 1759a(a)(1) of this title that have in
attendance children at least 80 percent of whom are eligible for
free lunches or reduced price lunches shall submit applications for
a 3-year period.
(B) Each school participating in the pilot program under this
paragraph shall have the option of determining the number of free
meals, reduced price meals, and paid meals provided daily under the
school lunch program operated by such school by applying
percentages determined under subparagraph (C) to the daily total
student meal count.
(C) The percentages determined under this subparagraph shall be
established on the basis of the master roster of students enrolled
in the school concerned, which -
(i) shall include a notation as to the eligibility status of
each student with respect to the school lunch program; and
(ii) shall be updated not later than September 30 of each year.
(3) In addition to the pilot projects described in this
subsection, the Secretary may conduct other pilot projects to test
alternative counting and claiming procedures.
(4) Each pilot program carried out under this subsection shall be
evaluated by the Secretary after it has been in operation for 3
years.
(d) Fortified fluid milk
(1) Subject to the availability of appropriations to carry out
this subsection, the Secretary shall establish pilot projects in at
least 25 school districts under which the milk offered by schools
meets the fortification requirements of paragraph (3) for lowfat,
skim, and other forms of fluid milk.
(2) The Secretary shall make available to school districts
information that compares the nutritional benefits of fluid milk
that meets the fortification requirements of paragraph (3) and the
nutritional benefits of other milk that is made available through
the school lunch program established under this chapter.
(3) The fortification requirements for fluid milk for the pilot
project referred to in paragraph (1) shall provide that -
(A) all whole milk in final package form for beverage use shall
contain not less than -
(i) 3.25 percent milk fat; and
(ii) 8.7 percent milk solids not fat;
(B) all lowfat milk in final package form for beverage use
shall contain not less than 10 percent milk solids not fat; and
(C) all skim milk in final package form for beverage use shall
contain not less than 9 percent milk solids not fat.
(4)(A) In selecting where to establish pilot projects under this
subsection, the Secretary shall take into account, among other
factors, the availability of fortified milk and the interest of the
school district in being included in the pilot project.
(B) The Secretary shall establish the pilot projects in as many
geographic areas as practicable, except that none of the projects
shall be established in school districts that use milk described in
paragraph (3) or similar milk.
(5) Not later than 2 years after the establishment of the first
pilot project under this subsection, the Secretary shall report to
the Committee on Education and Labor, and the Committee on
Agriculture, of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate on -
(A) the acceptability of fortified whole, lowfat, and skim milk
products to participating children;
(B) the impact of offering the milk on milk consumption;
(C) the views of the school food service authorities on the
pilot projects; and
(D) any increases or reductions in costs attributed to the
pilot projects.
(6) The Secretary shall -
(A) obtain copies of any research studies or papers that
discuss the impact of the fortification of milk pursuant to
standards established by the States; and
(B) on request, make available to State agencies and the public
-
(i) the information obtained under subparagraph (A); and
(ii) information about where to obtain milk described in
paragraph (3).
(7)(A) Each pilot project established under this subsection shall
terminate on the last day of the third year after the establishment
of the pilot project.
(B) The Secretary shall advise representatives of each district
participating in a pilot project that the district may continue to
offer the fortified forms of milk described in paragraph (3) after
the project terminates.
(e) Breakfast pilot projects
(1) In general
Subject to the availability of funds made available under
paragraph (10), for a period of 3 successive school years, the
Secretary shall make grants to State agencies to conduct pilot
projects in elementary schools under the jurisdiction of not more
than 6 school food authorities approved by the Secretary to -
(A) reduce paperwork, simplify meal counting requirements,
and make changes that will increase participation in the school
breakfast program; and
(B) evaluate the effect of providing free breakfasts to
elementary school children, without regard to family income, on
participation, academic achievement, attendance and tardiness,
and dietary intake over the course of a day.
(2) Nominations
A State agency that seeks a grant under this subsection shall
submit to the Secretary nominations of school food authorities to
participate in a pilot project under this subsection (!1)
(3) Approval
The Secretary shall approve for participation in pilot projects
under this subsection elementary schools under the jurisdiction
of not more than 6 nominated school food authorities selected so
as to -
(A) provide for an equitable distribution of pilot projects
among urban and rural elementary schools;
(B) provide for an equitable distribution of pilot projects
among elementary schools of varying family income levels; and
(C) permit the evaluation of pilot projects to distinguish
the effects of the pilot projects from other factors, such as
changes or differences in educational policies or programs.
(4) Grants to school food authorities
A State agency receiving a grant under paragraph (1) shall make
grants to school food authorities to conduct the pilot projects
described in paragraph (1).
(5) Duration of pilot projects
Subject to the availability of funds made available to carry
out this subsection, a school food authority receiving amounts
under a grant to conduct a pilot project described in paragraph
(1) shall conduct the project during a period of 3 successive
school years.
(6) Waiver authority
(A) In general
Except as provided in subparagraph (B), the Secretary may
waive the requirements of this chapter and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.) relating to counting of
meals, applications for eligibility, and related requirements
that would preclude the Secretary from making a grant to
conduct a pilot project under paragraph (1).
(B) Nonwaivable requirements
The Secretary may not waive a requirement under subparagraph
(A) if the waiver would prevent a program participant, a
potential program participant, or a school from receiving all
of the benefits and protections of this chapter, the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or a Federal
law (including a regulation) that protects an individual
constitutional right or a statutory civil right.
(7) Requirements for participation in pilot project
To be eligible to participate in a pilot project under this
subsection -
(A) a State agency -
(i) shall submit an application to the Secretary at such
time and in such manner as the Secretary shall establish to
meet criteria the Secretary has established to enable a valid
evaluation to be conducted; and
(ii) shall provide such information relating to the
operation and results of the pilot project as the Secretary
may reasonably require; and
(B) a school food authority -
(i) shall agree to serve all breakfasts at no charge to all
children enrolled in participating elementary schools;
(ii) shall not have a history of violations of this chapter
or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(iii) shall have, under the jurisdiction of the school food
authority, a sufficient number of elementary schools that are
not participating in the pilot projects to permit a valid
evaluation of the effects of the pilot projects; and
(iv) shall meet all other requirements that the Secretary
may reasonably require.
(8) Evaluation of pilot projects
(A) In general
The Secretary, acting through the Administrator of the Food
and Nutrition Service, shall conduct an evaluation of the pilot
projects conducted by the school food authorities selected for
participation.
(B) Content
The evaluation shall include -
(i) a determination of the effect of participation in the
pilot project on the academic achievement, attendance and
tardiness, and dietary intake over the course of a day of
participating children that is not attributable to changes in
educational policies and practices; and
(ii) a determination of the effect that participation by
elementary schools in the pilot project has on the proportion
of students who eat breakfast and on the paperwork required
to be completed by the schools.
(C) Report
On completion of the pilot projects and the evaluation, the
Secretary shall submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
describing the results of the evaluation of the pilot projects
required under subparagraph (A).
(9) Reimbursement
(A) In general
Except as provided in subparagraph (B), a school conducting a
pilot project under this subsection shall receive a total
Federal reimbursement under the school breakfast program in an
amount that is equal to the total Federal reimbursement for the
school for the prior year under the program (adjusted to
reflect changes in the series for food away from home of the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor and
adjusted for fluctuations in enrollment).
(B) Excess needs
Funds required for the pilot project in excess of the level
of reimbursement received by the school for the prior year
(adjusted to reflect changes described in subparagraph (A) and
adjusted for fluctuations in enrollment) may be taken from any
non-Federal source or from amounts provided under this
subsection.
(10) Authorization of appropriations
(A) In general
There are authorized to be appropriated such sums as are
necessary to carry out this subsection.
(B) Requirement
No amounts may be provided under this subsection unless
specifically provided in appropriations Acts.
(f) Simplified summer food programs
(1) Definition of eligible State
In this subsection, the term "eligible State" means -
(A) a State participating in the program under this
subsection as of May 1, 2004; and
(B) a State in which (based on data available in June 2005) -

(i) the percentage obtained by dividing -
(I) the sum of -
(aa) the average daily number of children attending the
summer food service program in the State in July 2003;
and
(bb) the average daily number of children receiving
free or reduced price meals under the school lunch
program in the State in July 2003; by
(II) the average daily number of children receiving free
or reduced price meals under the school lunch program in
the State in March 2003; is less than
(ii) 75 percent of the percentage obtained by dividing -
(I) the sum of -
(aa) the average daily number of children attending the
summer food service program in all States in July 2003;
and
(bb) the average daily number of children receiving
free or reduced price meals under the school lunch
program in all States in July 2003; by
(II) the average daily number of children receiving free
or reduced price meals under the school lunch program in
all States in March 2003.
(2) Programs
The Secretary shall carry out a summer food program in each
eligible State to increase the number of children participating
in the summer food service program in the State.
(3) Support levels for service institutions
(A) Food service
Under the program, a service institution in an eligible State
shall receive the maximum amounts for food service under
section 1761(b)(1) of this title without regard to the
requirement under section 1761(b)(1)(A) of this title that
payments shall equal the full cost of food service operations.
(B) Administrative costs
Under the program, a service institution in an eligible State
shall receive the maximum amounts for administrative costs
determined by the Secretary under section 1761(b)(4) of this
title without regard to the requirement under section
1761(b)(3) of this title that payments to service institutions
shall equal the full amount of State-approved administrative
costs incurred.
(C) Compliance
A service institution that receives assistance under this
subsection shall comply with all provisions of section 1761 of
this title other than subsections (b)(1)(A) and (b)(3) of
section 1761 of this title.
(4) Maintenance of effort
Expenditures of funds from State and local sources for
maintenance of a summer food service program shall not be
diminished as a result of assistance from the Secretary received
under this subsection.
(5) Evaluation of programs
(A) In general
The Secretary, acting through the Administrator of the Food
and Nutrition Service, shall conduct an evaluation of the
program.
(B) Content
An evaluation under this paragraph shall describe -
(i) any effect on participation by children and service
institutions in the summer food service program in the
eligible State in which the program is carried out;
(ii) any effect of the program on the quality of the meals
and supplements served in the eligible State in which the
program is carried out; and
(iii) any effect of the program on program integrity.
(6) Report
Not later than April 30, 2007, the Secretary shall submit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that includes -
(A) the evaluations completed by the Secretary under
paragraph (5); and
(B) any recommendations of the Secretary concerning the
programs.
(g) Fresh fruit and vegetable program
(1) In general
For the school year beginning July 2004 and each subsequent
school year, the Secretary shall carry out a program to make free
fresh fruits and vegetables available, to the maximum extent
practicable, to -
(A) 25 elementary or secondary schools in each of the 4
States authorized to participate in the program under this
subsection on May 1, 2004;
(B) 25 elementary or secondary schools (as selected by the
Secretary in accordance with paragraph (3)) in each of 4 States
(including a State for which funds were allocated under the
program described in paragraph (3)(B)(ii)) that are not
participating in the program under this subsection on May 1,
2004; and
(C) 25 elementary or secondary schools operated on 3 Indian
reservations (including the reservation authorized to
participate in the program under this subsection on May 1,
2004), as selected by the Secretary.
(2) Program
A school participating in the program shall make free fresh
fruits and vegetables available to students throughout the school
day in 1 or more areas designated by the school.
(3) Selection of schools
(A) In general
Except as provided in subparagraph (B), in selecting
additional schools to participate in the program under
paragraph (1)(B), the Secretary shall -
(i) to the maximum extent practicable, ensure that the
majority of schools selected are those in which not less than
50 percent of students are eligible for free or reduced price
meals under this chapter;
(ii) solicit applications from interested schools that
include -
(I) information pertaining to the percentage of students
enrolled in the school submitting the application who are
eligible for free or reduced price school lunches under
this chapter;
(II) a certification of support for participation in the
program signed by the school food manager, the school
principal, and the district superintendent (or equivalent
positions, as determined by the school); and
(III) such other information as may be requested by the
Secretary;
(iii) for each application received, determine whether the
application is from a school in which not less than 50
percent of students are eligible for free or reduced price
meals under this chapter; and
(iv) give priority to schools that submit a plan for
implementation of the program that includes a partnership
with 1 or more entities that provide non-Federal resources
(including entities representing the fruit and vegetable
industry) for -
(I) the acquisition, handling, promotion, or distribution
of fresh and dried fruits and fresh vegetables; or
(II) other support that contributes to the purposes of
the program.
(B) Nonapplicability to existing participants
Subparagraph (A) shall not apply to a school, State, or
Indian reservation authorized -
(i) to participate in the program on May 1, 2004; or
(ii) to receive funding for free fruits and vegetables
under funds provided for public health improvement under the
heading "disease control, research, and training" under the
heading "Centers for Disease Control and Prevention" in title
II of the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2004
(Division E of Public Law 108-199; 118 Stat. 238).
(4) Notice of availability
To be eligible to participate in the program under this
subsection, a school shall widely publicize within the school the
availability of free fresh fruits and vegetables under the
program.
(5) Reports
(A) Interim reports
Not later than September 30 of each of fiscal years 2005
through 2008, the Secretary, acting through the Administrator
of the Food and Nutrition Service, shall submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate an interim report that describes the
activities carried out under this subsection during the fiscal
year covered by the report.
(B) Final report
Not later than December 31, 2008, the Secretary, acting
through the Administrator of the Food and Nutrition Service,
shall submit to the Committee on Education and the Workforce of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a final report that
describes the results of the program under this subsection.
(6) Funding
(A) Existing funds
The Secretary shall use to carry out this subsection any
funds that remain under this subsection on the day before June
30, 2004.
(B) Mandatory funds
(i) In general
On October 1, 2004, and on each October 1 thereafter, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary of
Agriculture to carry out this subsection $9,000,000, to
remain available until expended.
(ii) Receipt and acceptance
The Secretary shall be entitled to receive, shall accept,
and shall use to carry out this subsection the funds made
available under this subparagraph, without further
appropriation.
(C) Authorization of appropriations
In addition to any amounts made available under subparagraphs
(A) and (B), there are authorized to be appropriated such sums
as are necessary to expand the program carried out under this
subsection.
(D) Reallocation
The Secretary may reallocate any amounts made available to
carry out this subsection that are not obligated or expended,
as determined by the Secretary.
(h) Summer food service residential camp eligibility
(1) In general
During the month after June 30, 2004, through September, 2004,
and the months of May through September, 2005, the Secretary
shall modify eligibility criteria, at not more than 1 private
nonprofit residential camp in each of not more than 2 States, as
determined by the Secretary, for the purpose of identifying and
evaluating alternative methods of determining the eligibility of
residential private nonprofit camps to participate in the summer
food service program for children established under section 1761
of this title.
(2) Eligibility
To be eligible for the criteria modified under paragraph (1), a
residential camp -
(A) shall be a service institution (as defined in section
1761(a)(1) of this title);
(B) may not charge a fee to any child in residence at the
camp; and
(C) shall serve children who reside in an area in which poor
economic conditions exist (as defined in section 1761(a)(1) of
this title).
(3) Payments
(A) In general
Under this subsection, the Secretary shall provide
reimbursement for meals served to all children at a residential
camp at the payment rates specified in section 1761(b)(1) of
this title.
(B) Reimbursable meals
A residential camp selected by the Secretary may receive
reimbursement for not more than 3 meals, or 2 meals and 1
supplement, during each day of operation.
(4) Evaluation
(A) Information from residential camps
Not later than December 31, 2005, a residential camp selected
under paragraph (1) shall report to the Secretary such
information as is required by the Secretary concerning the
requirements of this subsection.
(B) Report to Congress
Not later than March 31, 2006, the Secretary shall submit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that evaluates the effect
of this subsection on program participation and other factors,
as determined by the Secretary.
(i) Access to local foods and school gardens
(1) In general
The Secretary may provide assistance, through competitive
matching grants and technical assistance, to schools and
nonprofit entities for projects that -
(A) improve access to local foods in schools and institutions
participating in programs under this chapter and section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773) through farm-
to-cafeteria activities, including school gardens, that may
include the acquisition of food and appropriate equipment and
the provision of training and education;
(B) are, at a minimum, designed to -
(i) procure local foods from small- and medium-sized farms
for school meals; and
(ii) support school garden programs;
(C) support nutrition education activities or curriculum
planning that incorporates the participation of school children
in farm-based agricultural education activities, that may
include school gardens;
(D) develop a sustained commitment to farm-to-cafeteria
projects in the community by linking schools, State departments
of agriculture, agricultural producers, parents, and other
community stakeholders;
(E) require $100,000 or less in Federal contributions;
(F) require a Federal share of costs not to exceed 75
percent;
(G) provide matching support in the form of cash or in-kind
contributions (including facilities, equipment, or services
provided by State and local governments and private sources);
and
(H) cooperate in an evaluation carried out by the Secretary.
(2) Authorization of appropriations
There are authorized to be appropriated such sums as are
necessary to carry out this subsection for each of fiscal years
2004 through 2009.
(j) 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
The service institution shall be reimbursed consistent with
section 1761(b)(1) of this title.
(3) Administration
To receive reimbursement under this subsection, a service
institution shall comply with section 1761 of this title, other
than subsections (b)(2) and (c)(1) of that section.
(4) Evaluation
Not later than September 30, 2007, the State agency shall
submit to the Secretary a report on the effect of this subsection
on participation in the summer food service program for children
established under section 1761 of this title.
(5) Funding
The Secretary shall provide to the State of California such
sums as are necessary to carry out this subsection for each of
fiscal years 2005 through 2009.
(k) Free lunch and breakfast eligibility
(1) In general
Subject to the availability of funds under paragraph (4), the
Secretary shall expand the service of free lunches and breakfasts
provided at schools participating in the school lunch program
under this chapter or the school breakfast program under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) in all or
part of 5 States selected by the Secretary (of which at least 1
shall be a largely rural State with a significant Native American
population).
(2) Income eligibility
The income guidelines for determining eligibility for free
lunches or breakfasts under this subsection shall be 185 percent
of the applicable family size income levels contained in the
nonfarm income poverty guidelines prescribed by the Office of
Management and Budget, as adjusted annually in accordance with
section 1758(b)(1)(B) of this title.
(3) Evaluation
(A) In general
Not later than 3 years after the implementation of this
subsection, the Secretary shall conduct an evaluation to assess
the impact of the changed income eligibility guidelines by
comparing the school food authorities operating under this
subsection to school food authorities not operating under this
subsection.
(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
The evaluation shall assess the increased costs associated
with providing additional free, reduced price, or paid meals in
the school food authorities operating under this subsection.
(D) Report
On completion of the evaluation, the Secretary shall submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing the results of
the evaluation under this paragraph.
(4) Authorization of appropriations
There are authorized to be appropriated such sums as are
necessary to carry out this subsection, to remain available until
expended.