42 U.S.C. § 1769 — Pilot projects

(a) Repealed.

(b) Extension of eligibility for certain school districts. (1) If a school district was receiving all cash payments, or all commodity letters of credit instead of entitlement commodities, for its school lunch program on January 1, 1987, the district must receive the same kind of payments or letters of credit beginning July 1, 1987, if it asks the Secretary^*. The Secretary must run this project^* directly or through a contract. (2) A district choosing this option must receive bonus commodities in the same way it would if it received all entitlement commodities.

(c) Alternative counting and claiming procedures. (1) The Secretary may run pilot projects testing different ways to count meals and make claims. (2) The Secretary must evaluate each such pilot program after it has operated for 3 years.

(d) to (f) Repealed.

(g) Access to local foods: Patrick Leahy Farm to School Program. (1) “Eligible school” means a school or institution participating in a program under this chapter or in the school breakfast program under section 1773 of this title. This section does not define the quoted term “program.” (2) The Secretary must run a program that helps eligible schools, State^* and local agencies, Indian tribal organizations, agricultural producers or producer groups, and nonprofit entities use grants and technical assistance to create farm-to-school programs that improve eligible schools’ access to local food. (3)(A) The Secretary must award competitive grants for training, operations support, planning, equipment, school gardens, partnerships, and implementation of farm-to-school programs. (B) As far as practicable, awards must have geographic diversity and treat urban, rural, and tribal communities equitably. (C) A recipient may receive no more than $100,000 in total. (4)(A) Federal money may cover no more than 75 percent of a project’s total cost. (B) To receive a grant, the recipient must provide matching support in cash or in kind, including facilities, equipment, or services from State or local governments, nonprofits, or private sources. (5) As far as practicable, the Secretary must give highest priority to projects that (A) put local food on the eligible school’s menu; (B) serve a high proportion of children eligible for free or reduced-price lunches; (C) include hands-on nutrition education in curriculum planning that encourages children to take part in farm- and garden-based agricultural education; (D) show collaboration among eligible schools, nongovernmental and community organizations, producer groups, and other community partners; (E) have adequate, participatory evaluation plans; (F) show potential for long-term continuation; or (G) meet other criteria the Secretary finds appropriate. (6) Every grant recipient must agree to cooperate in the Secretary’s evaluation of the grant-funded program. (7) The Secretary must give technical assistance and information to eligible schools, State and local agencies, Indian tribal organizations, and nonprofits to (A) coordinate and share Department information and resources that may apply to farm-to-school programs; (B) collect and share best practices^*; and (C) distribute research and data about existing programs and the potential for programs in underserved areas. (8)(A) On October 1, 2012, and every October 1 afterward, the Secretary of the Treasury must transfer $5,000,000 to the Secretary from Treasury funds not otherwise appropriated. The money remains available until spent. (B) The Secretary shall be entitled to receive, shall accept, and shall use those funds to carry out this subsection without further appropriation. (9) In addition to paragraph (8) money, Congress may appropriate whatever sums are needed for fiscal years 2011 through 2015.

(h) Pilot program for high-poverty schools. (1)(A) For this paragraph, “eligible program” means either (i) a school-based program with hands-on vegetable gardening and nutrition education in the curriculum for at least one grade at at least two 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 at least two eligible schools. “Eligible school” means a public school where at least 50 percent of students qualify for free or reduced-price meals under this chapter. (B) The Secretary must give grants to nonprofits or public entities in no more than 5 States to develop and run, through eligible programs, community gardens at eligible schools. Students must plant, care for, and harvest the gardens, and the gardens must teach participating students about agricultural production practices and diet. (C) Among the States with grantees, at least one must be among the 15 largest States, at least one among the 16th through 30th largest, and at least one must be outside both groups, as the Secretary determines. (D) Garden produce may supplement food at the school, go home with students for their families, or be donated to a local food bank or senior-center nutrition program. (E) A grantee need not share the cost. (F) A grantee must cooperate in the Secretary’s evaluation. (2) Congress may appropriate whatever sums are needed for this subsection for fiscal years 2004 through 2015.

(i) Year-round services for eligible entities. (1) A qualifying service institution in section 1761(a)(6), other than a public school, or a qualifying private nonprofit organization in section 1761(a)(7), located in California may be reimbursed for up to two meals each operating day served (i) May through September, (ii) at any time under a continuous school calendar when it runs a food program for children on school vacation, or (iii) at any time during a period when children are out of school because of a natural disaster, building repair, court order, or similar case and the institution serves them at a nonschool site. It may also be reimbursed for one snack each operating day after school, on weekends, and on school holidays during the regular school calendar. (2) Reimbursement must follow section 1761(b)(1). (3) To receive it, the institution must follow section 1761 except subsections (b)(2) and (c)(1). (4) By September 30, 2007, the State agency had to report to the Secretary how this subsection affected participation in the summer food service program under section 1761. (5) The Secretary must provide California the sums needed for fiscal years 2011 through 2015.

(j) Free lunch and breakfast eligibility. (1) Subject to paragraph (4) funding, the Secretary must expand free lunches and breakfasts in all or part of five selected States at schools participating in the school lunch program or the section 1773 breakfast program. At least one selected State must be largely rural and have a significant Native American population. (2) Eligibility income limits are 185 percent of the applicable family-size levels in the nonfarm poverty guidelines set by the Office of Management and Budget, adjusted each year under section 1758(b)(1)(B). (3)(A) Within 3 years after implementation, the Secretary must compare participating and nonparticipating school food authorities. (B) The evaluation must separately assess children in households below 130 percent of the applicable level and children above 130 percent but no more than 185 percent. It must assess certification and participation rates, meal skipping, academic achievement, Title I fund allocations to local educational agencies and public schools, and other factors the Secretary chooses. (C) It must assess increased costs of additional free, reduced-price, or paid meals. (D) The Secretary must report results to the named House and Senate committees. (4) Congress may appropriate needed sums, available until spent.

(k) Organic food pilot program. (1) The Secretary must establish a competitive grant pilot program for selected school food authorities. (2)(A) The Secretary must use this section’s funds for competitively awarded contracts or cooperative agreements, or grants, with selected authorities. (B) A recipient must use the money to increase organic food provided to children through the school lunch program. (3)(A) An applicant must apply in the form, with the information, and by the deadline the Secretary sets. (B) In choosing recipients, the Secretary must consider the applicable Federal poverty line, giving preference when at least 50 percent of district households are at or below it; the applicant’s commitment to improve meal nutrition, run innovative child^*-health and wellness programs, and evaluate the pilot; and other appropriate criteria. (4) Congress may appropriate $10,000,000 for fiscal years 2011 through 2015.