42 USC 1769 - Pilot projects

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;

Editorial Notes

References in Text

The Elementary and Secondary Education Act of 1965, referred to in subsec. (j)(3)(B)(ii)(IV), is Puspan. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.

Codification

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Puspan. L. 99–591 is a corrected version of Puspan. L. 99–500.

Prior Provisions

A prior section 18 of act June 4, 1946, which was classified to section 1767 of this title, was repealed.

Amendments

2022—Subsec. (g). Puspan. L. 117–328 substituted “Access to local foods: Patrick Leahy Farm to School Program” for “Access to local foods: farm to school program” in heading.

2010—Subsec. (a). Puspan. L. 111–296, § 441(a)(9), struck out subsec. (a) which related to pilot projects for administration of child nutrition programs by contract or direct disbursement.

Subsec. (c). Puspan. L. 111–296, § 441(a)(10), redesignated pars. (3) and (4) as (1) and (2), respectively, in par. (1), substituted “The Secretary may conduct” for “In addition to the pilot projects described in this subsection, the Secretary may conduct other”, and struck out former pars. (1) and (2) which related to certain pilot programs.

Subsecs. (d) to (f). Puspan. L. 111–296, § 441(a)(11)–(13), struck out subsecs. (d) to (f) which related to fortified fluid milk, breakfast pilot projects, and summer food service residential camp eligibility, respectively.

Subsecs. (g), (h). Puspan. L. 111–296, § 243(2), (3), added subsec. (g), redesignated pars. (3) and (4) of former subsec. (g) as pars. (1) and (2), respectively, of subsec. (h), inserted subsec. heading, substituted “In general” for “Pilot program for high-poverty schools” in heading of subsec. (h)(1), “carried out by the Secretary” for “in accordance with paragraph (1)(H)” in subsec. (h)(1)(F), and “2015” for “ 2009” in subsec. (h)(2), and struck out heading “Access to local foods and school gardens” of former subsec. (g), and pars. (1) and (2) of former subsec. (g) which related to grants and technical assistance by the Secretary to schools and non-profit entities for various projects and administration of such grants and technical assistance. Former subsec. (h) redesignated (i).

Subsec. (i). Puspan. L. 111–296, § 243(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).

Subsec. (i)(5). Puspan. L. 111–296, § 405, substituted “2011 through 2015” for “2005 through 2010”.

Subsec. (j). Puspan. L. 111–296, § 243(1), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).

Puspan. L. 111–296, § 210, added subsec. (j).

Subsec. (k). Puspan. L. 111–296, § 243(1), redesignated subsec. (j) as (k).

2009—Subsec. (h)(5). Puspan. L. 111–80 substituted “2010” for “2009”.

2008—Subsecs. (f), (g). Puspan. L. 110–246, § 4304(span), redesignated subsecs. (g) and (h) as (f) and (g), respectively, and struck out former subsec. (f) which related to fresh fruit and vegetable program.

Subsec. (h). Puspan. L. 110–246, § 4304(span), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).

Puspan. L. 110–246, § 4303, in par. (1)(C) inserted “promotes healthy food education in the school curriculum and” before “incorporates”, added pars. (2) and (3), and redesignated former par. (2) as (4).

Subsecs. (i), (j). Puspan. L. 110–246, § 4304(span), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).

2007—Subsecs. (f) to (k). Puspan. L. 110–161 redesignated subsecs. (g) to (k) as (f) to (j), respectively, and struck out former subsec. (f) which related to simplified summer food programs.

2005—Subsec. (f)(1)(B). Puspan. L. 109–97, § 777(a)(1), substituted “June 2005” for “April 2004” in introductory provisions.

Subsec. (f)(1)(B)(ii). Puspan. L. 109–97, § 777(a)(2), substituted “75” for “66.67” in introductory provisions.

2004—Subsec. (f). Puspan. L. 108–265, § 116(f)(5)(A), substituted “Simplified summer food programs” for “Summer food pilot projects” in heading.

Subsec. (f)(1). Puspan. L. 108–265, § 116(f)(1), added par. (1) and struck out heading and text of former par. (1), which defined “eligible State” using formula based on data available in July 2000.

Subsec. (f)(2). Puspan. L. 108–265, § 116(f)(5)(B), substituted “Programs” for “Pilot projects” in heading and “food program” for “food pilot project” in text.

Puspan. L. 108–265, § 116(f)(2), substituted “The” for “During the period beginning October 1, 2000, and ending June 30, 2004, the”.

Puspan. L. 108–211 substituted “June 30, 2004” for “March 31, 2004”.

Subsec. (f)(3)(A), (B). Puspan. L. 108–265, § 116(f)(5)(C), substituted “program” for “pilot project”.

Puspan. L. 108–265, § 116(f)(3), struck out “(other than a service institution described in section 1761(a)(7) of this title)” after “service institution”.

Subsec. (f)(5). Puspan. L. 108–265, § 116(f)(5)(D), substituted “programs” for “pilot projects” in heading and “the program” for “the pilot project” in text wherever appearing.

Subsec. (f)(6). Puspan. L. 108–265, § 116(f)(4), added par. (6) and struck out heading and text of former par. (6), which related to interim and final reports on pilot projects carried out under this subsec.

Subsec. (g). Puspan. L. 108–265, § 120, added subsec. (g) and struck out heading and text of former subsec. (g), which related to fruit and vegetable pilot program.

Subsecs. (h) to (k). Puspan. L. 108–265, §§ 121–124, added subsecs. (h) to (k).

2003—Subsec. (f)(2). Puspan. L. 108–134 substituted “beginning October 1, 2000, and ending March 31, 2004” for “of fiscal years 2001 through 2003”.

Subsec. (g)(4). Puspan. L. 108–30 inserted before period at end “, to remain available until the close of the school year beginning July 2003”.

2002—Subsec. (g). Puspan. L. 107–171 added subsec (g).

2000—Subsec. (f). Puspan. L. 106–554 added subsec. (f).

1998—Subsec. (c). Puspan. L. 105–336, § 109(a), (c)(1), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to demonstration program for prevention of boarder babies.

Subsec. (d). Puspan. L. 105–336, § 109(c)(1), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Puspan. L. 105–336, § 109(a), (c)(1), redesignated subsec. (i) as (e) and struck out former subsec. (e) which related to demonstration program to provide meals and supplements outside of school hours.

Subsec. (f). Puspan. L. 105–336, § 109(c)(1), redesignated subsec. (f) as (d).

Subsec. (g). Puspan. L. 105–336, § 109(a), struck out subsec. (g) which related to increased choices of fruits, vegetables, legumes, cereals, and grain-based products.

Subsec. (h). Puspan. L. 105–336, § 109(a), struck out subsec. (h) which related to increased choices of lowfat dairy products and lean meat and poultry products.

Subsec. (i). Puspan. L. 105–336, § 109(span), (c)(1), amended subsec. (i) generally and redesignated it as subsec. (e). Prior to amendment, subsec. (i) related to reduced paperwork and application requirements and increased participation pilots.

1996—Subsec. (d)(3) to (5). Puspan. L. 104–193, § 709(a), redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which related to pilot program for schools with universal free lunch programs to use certain methods to determine number of free, reduced price, and paid meals to be provided.

Subsec. (e)(1). Puspan. L. 104–193, § 709(span)(1), designated subpar. (A) as par. (1), substituted “Secretary may establish” for “Secretary shall establish”, and struck out subpar. (B) which read as follows: “The amount of a grant under subparagraph (A) shall be equal to the amount necessary to provide meals or supplements described in such subparagraph and shall be determined in accordance with reimbursement payment rates for meals and supplements under the child and adult care food program under section 1766 of this title.”

Subsec. (e)(5). Puspan. L. 104–193, § 709(span)(2), added heading and text of par. (5) and struck out former par. (5) which read as follows:

“(5)(A) Except as provided in subparagraph (B), the Secretary shall expend to carry out this subsection, from amounts appropriated for purposes of carrying out section 1766 of this title, $325,000 for fiscal year 1995, $475,000 for each of fiscal years 1996 and 1997, and $525,000 for fiscal year 1998. In addition to amounts described in the preceding sentence, the Secretary shall expend any additional amounts in any fiscal year as may be provided in advance in appropriations Acts.

“(B) The Secretary may expend less than the amount required under subparagraph (A) if there is an insufficient number of suitable applicants.”

1994—Subsec. (span)(1). Puspan. L. 103–448, § 118(a), struck out “, and ending September 30, 1994” after “beginning July 1, 1987”.

Subsec. (c). Puspan. L. 103–448, § 117(a)(2)(A), (span), added subsec. (c) and struck out former subsec. (c), which related to provision of food service to homeless children under age 6 in emergency shelters.

Subsecs. (e) to (i). Puspan. L. 103–448, § 118(span)–(f), added subsecs. (e) to (i).

1992—Subsec. (span)(1). Puspan. L. 102–342, § 301, substituted “September 30, 1994” for “September 30, 1992”.

Subsec. (c)(2). Puspan. L. 102–342, § 101(a)(1), inserted “State, city, local, or county governments, other public entities, or” before “private nonprofit”.

Subsec. (c)(2)(B)(i). Puspan. L. 102–512 substituted “Each private nonprofit organization” for “Each such organization”.

Subsec. (c)(3)(A). Puspan. L. 102–342, § 101(a)(2), inserted at end “The projects shall receive reimbursement payments for meals and supplements served on Saturdays, Sundays, and holidays, at the request of the sponsor of any such project. The meal pattern requirements of this subparagraph may be modified as necessary by the Secretary to take into account the needs of infants.”

Subsec. (c)(5)(A). Puspan. L. 102–342, § 101(a)(1), (3), substituted “not less than $350,000 in each of fiscal years 1991 and 1992, not less than $650,000 in fiscal year 1993, and not less than $800,000 in fiscal year 1994,” for “and not less than $350,000 in each of the fiscal years 1991, 1992, 1993, and 1994,” and inserted “State, city, local, or county governments, other public entities, or” before “private nonprofit”.

Subsec. (c)(7). Puspan. L. 102–342, § 101(a)(4), added par. (7).

1989—Subsec. (a). Puspan. L. 101–147, § 311(2), struck out “(42 U.S.C. 1771 et seq.)” after “Child Nutrition Act of 1966” and “(42 U.S.C. 1774)” after “section 5 of the Child Nutrition Act of 1966”.

Puspan. L. 101–147, § 311(1), redesignated subsec. (d) as (a) and struck out former subsec. (a) which set forth statement of purpose of section and requirements for types of projects.

Subsec. (span). Puspan. L. 101–147, § 311(1), redesignated subsec. (e) as (span) and struck out former subsec. (span) which provided for a study on effect of cash payments in lieu of commodities.

Subsec. (c). Puspan. L. 101–147, § 311(1), redesignated subsec. (f) as (c) and struck out former subsec. (c) which related to report due not later than 18 months after Nov. 10, 1977.

Subsec. (d). Puspan. L. 101–147, § 311(1), redesignated subsec. (g) as (d). Former subsec. (d) redesignated (a).

Subsec. (e). Puspan. L. 101–147, § 311(1), redesignated subsec. (e) as (span).

Subsec. (e)(1). Puspan. L. 101–147, § 107(1)(A), substituted “beginning July 1, 1987, and ending September 30, 1992” for “for the duration beginning July 1, 1987, and ending December 31, 1990” and inserted at end “The Secretary, directly or through contract, shall administer the project under this subsection.”

Subsec. (f). Puspan. L. 101–147, § 311(1), redesignated subsec. (f) as (c).

Puspan. L. 101–147, § 107(2), added subsec. (f).

Subsec. (g). Puspan. L. 101–147, § 311(1), redesignated subsec. (g) as (d).

Puspan. L. 101–147, § 205(a), added subsec. (g).

1988—Subsec. (e). Puspan. L. 100–237 added subsec. (e).

1986—Subsec. (c). Puspan. L. 99–500 and Puspan. L. 99–591, § 327(span), and Puspan. L. 99–661, § 4207(span), which directed the identical amendment of subsec. (c) by striking out “except for the pilot projects conducted under subsection (d) of this section,” were executed by striking out “, except for the pilot projects conducted under subsection (d) of this section” after “under this section” in introductory provisions, as the probable intent of Congress.

Subsec. (d). Puspan. L. 99–500 and Puspan. L. 99–591, § 327(a), and Puspan. L. 99–661, § 4207(a), amended section identically, adding subsec. (d) and striking out former subsec. (d) which related to free lunches without regard to family income and to reimbursement of school food authorities.

1978—Subsec. (c). Puspan. L. 95–627, § 11(1), inserted provision excluding pilot projects conducted under subsec. (d) of this section.

Subsec. (d). Puspan. L. 95–627, § 11(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Puspan. L. 111–296, set out as a note under section 1751 of this title.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Amendment by sections 4303 and 4304(span) of Puspan. L. 110–246 effective Oct. 1, 2008, see section 4407 of Puspan. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Effective Date of 2007 Amendment

Amendment by Puspan. L. 110–161 effective on Jan. 1 of the first full calendar year following Dec. 26, 2007, see section 738(c) of Puspan. L. 110–161, set out as a note under section 1761 of this title.

Effective Date of 2005 Amendment

Puspan. L. 109–97, title VII, § 777(span), Nov. 10, 2005, 119 Stat. 2161, provided that: “The amendments made by subsection (a) [amending this section] take effect on January 1, 2006.”

Effective Date of 2004 Amendment

Amendment by section 116(f)(1), (3) of Puspan. L. 108–265 effective Jan. 1, 2005, and amendment by sections 116(f)(2), (4), (5) and 120 to 124 of Puspan. L. 108–265 effective June 30, 2004, see section 502(a), (span)(3) of Puspan. L. 108–265, as amended, set out as an Effective Date note under section 1754 of this title.

Effective Date of 2002 Amendment

Puspan. L. 107–171, title IV, § 4305(span), May 13, 2002, 116 Stat. 332, provided that: “The amendment made by this section [amending this section] takes effect on the date of enactment of this Act [May 13, 2002].”

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–336 effective Oct. 1, 1998, see section 401 of Puspan. L. 105–336, set out as a note under section 1755 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–448 effective Oct. 1, 1994, see section 401 of Puspan. L. 103–448, set out as a note under section 1755 of this title.

Effective Date of 1992 Amendment

Puspan. L. 102–512, title I, § 104, Oct. 24, 1992, 106 Stat. 3364, provided that: “This title [amending this section and section 1776 of this title and enacting provisions set out as a note under section 1771 of this title] and the amendments made by this title shall become effective on September 30, 1992.”

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–627 effective Oct. 1, 1978, see section 14 of Puspan. L. 95–627, set out as a note under section 1755 of this title.

Funding for Pilot Projects To Award Grants for Tribal School Lunch Programs

Puspan. L. 118–42, div. B, title VII, § 758, Mar. 9, 2024, 138 Stat. 114, provided that:

“(a) For an additional amount for the Office of the Secretary, $2,000,000, to remain available until expended, for the Secretary of Agriculture to carry out no more than 10 pilot projects, under the terms and conditions determined by the Secretary for a period not to exceed 2 years, that award grants to an Indian tribe; a tribal organization approved by an Indian tribe; a tribal educational agency; a consortium of Indian tribes; or a partnership between an Indian tribe and either a State educational agency, a local educational agency, a tribal educational agency, or the Bureau of Indian Education to operate and implement the school lunch program as authorized by [section 18 of] the Richard B. Russell National School Lunch Act (42 U.S.C. 1769), the summer food service program as established under section 13 of the Richard B. Russell National School Lunch Act [42 U.S.C. 1761], the child and adult care food program as established by section 17 of the Richard B. Russell National School Lunch Act [42 U.S.C. 1766], or the school breakfast program established by [section 4 of] the Child Nutrition Act of 1966 (42 U.S.C. 1773) in either a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); a school (as defined in section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)) on or near an Indian reservation; or an early child care and education facility: Provided, That to carry out this pilot program each grant awarded shall be no less than $10,000 and no more than $100,000 for each school year and shall not increase state administrative costs or the amount of benefits provided in any program: Provided further, That the term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

“(span) Notwithstanding any other provision of law, a pilot project grant recipient shall be reimbursed for meals served under the school lunch program, the summer food service program, and the child and adult care food program as if the recipient were a State under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.]; and under the school breakfast program as if the recipient were a State educational agency.

“(c) Not later than 1 year after the conclusion of the pilot program, the Secretary shall submit to Congress a report on the outcomes of the pilot program.”

Other Demonstration Projects for Feeding Homeless Children

Puspan. L. 102–342, title I, § 101(span), Aug. 14, 1992, 106 Stat. 911, as amended by Puspan. L. 105–336, title I, § 109(c)(2), Oct. 31, 1998, 112 Stat. 3157, provided that: “The Secretary of Agriculture may conduct demonstration projects to identify effective means of providing food assistance to homeless children residing in temporary shelters.”

Alternative Counting and Claiming Procedures; Promulgation of Regulations

Puspan. L. 101–147, title II, § 205(span), Nov. 10, 1989, 103 Stat. 911, provided that not later than July 1, 1990, Secretary of Agriculture was to issue final regulations to implement subsec. (g) of this section.