
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(4)[102(a)]]
[CITE: 42USC1769]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 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\
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by a period.
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                            (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.

(June 4, 1946, ch. 281, Sec. 18, formerly Sec. 20, as added Pub. L. 95-
166, Sec. 10(2), Nov. 10, 1977, 91 Stat. 1336; amended Pub. L. 95-627, 
Sec. 11, Nov. 10, 1978, 92 Stat. 3624; renumbered Sec. 18 and amended 
Pub. L. 99-500, title III, Secs. 327, 371(c)(1), Oct. 18, 1986, 100 
Stat. 1783-362, 1783-368, and Pub. L. 99-591, title III, Secs. 327, 
371(c)(1), Oct. 30, 1986, 100 Stat. 3341-365, 3341-372; renumbered 
Sec. 18 and amended Pub. L. 99-661, div. D, title II, Sec. 4207, title 
V, Sec. 4501(c)(1), Nov. 14, 1986, 100 Stat. 4073, 4080; Pub. L. 100-
237, Sec. 5, Jan. 8, 1988, 101 Stat. 1739; Pub. L. 101-147, title I, 
Sec. 107, title II, Sec. 205(a), title III, Sec. 311, Nov. 10, 1989, 103 
Stat. 886, 910, 916; Pub. L. 102-342, title I, Sec. 101(a), title III, 
Sec. 301, Aug. 14, 1992, 106 Stat. 911, 913; Pub. L. 102-512, title I, 
Sec. 102, Oct. 24, 1992, 106 Stat. 3363; Pub. L. 103-448, title I, 
Secs. 117(a)(2)(A), (b), 118, Nov. 2, 1994, 108 Stat. 4717, 4719; Pub. 
L. 104-193, title VII, Sec. 709, Aug. 22, 1996, 110 Stat. 2301; Pub. L. 
105-336, title I, Sec. 109(a)-(c)(1), Oct. 31, 1998, 112 Stat. 3154-
3156.)

                       References in Text

    The Child Nutrition Act of 1966, referred to in subsecs. (a) and 
(e)(6), (7)(B)(ii), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as 
amended, which is classified generally to chapter 13A (Sec. 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.


                            Prior Provisions

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section 1767 of this title, was repealed.


                               Amendments

    1998--Subsec. (c). Pub. L. 105-336, Sec. 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). Pub. L. 105-336, Sec. 109(c)(1), redesignated subsec. 
(f) as (d). Former subsec. (d) redesignated (c).
    Subsec. (e). Pub. L. 105-336, Sec. 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). Pub. L. 105-336, Sec. 109(c)(1), redesignated subsec. 
(f) as (d).
    Subsec. (g). Pub. L. 105-336, Sec. 109(a), struck out subsec. (g) 
which related to increased choices of fruits, vegetables, legumes, 
cereals, and grain-based products.
    Subsec. (h). Pub. L. 105-336, Sec. 109(a), struck out subsec. (h) 
which related to increased choices of lowfat dairy products and lean 
meat and poultry products.
    Subsec. (i). Pub. L. 105-336, Sec. 109(b), (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). Pub. L. 104-193, Sec. 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). Pub. L. 104-193, Sec. 709(b)(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). Pub. L. 104-193, Sec. 709(b)(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. (b)(1). Pub. L. 103-448, Sec. 118(a), struck out ``, 
and ending September 30, 1994'' after ``beginning July 1, 1987''.
    Subsec. (c). Pub. L. 103-448, Sec. 117(a)(2)(A), (b), 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). Pub. L. 103-448, Sec. 118(b)-(f), added 
subsecs. (e) to (i).
    1992--Subsec. (b)(1). Pub. L. 102-342, Sec. 301, substituted 
``September 30, 1994'' for ``September 30, 1992''.
    Subsec. (c)(2). Pub. L. 102-342, Sec. 101(a)(1), inserted ``State, 
city, local, or county governments, other public entities, or'' before 
``private nonprofit''.
    Subsec. (c)(2)(B)(i). Pub. L. 102-512 substituted ``Each private 
nonprofit organization'' for ``Each such organization''.
    Subsec. (c)(3)(A). Pub. L. 102-342, Sec. 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). Pub. L. 102-342, Sec. 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). Pub. L. 102-342, Sec. 101(a)(4), added par. (7).
    1989--Subsec. (a). Pub. L. 101-147, Sec. 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''.
    Pub. L. 101-147, Sec. 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. (b). Pub. L. 101-147, Sec. 311(1), redesignated subsec. (e) 
as (b) and struck out former subsec. (b) which provided for a study on 
effect of cash payments in lieu of commodities.
    Subsec. (c). Pub. L. 101-147, Sec. 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). Pub. L. 101-147, Sec. 311(1), redesignated subsec. (g) 
as (d). Former subsec. (d) redesignated (a).
    Subsec. (e). Pub. L. 101-147, Sec. 311(1), redesignated subsec. (e) 
as (b).
    Subsec. (e)(1). Pub. L. 101-147, Sec. 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). Pub. L. 101-147, Sec. 311(1), redesignated subsec. (f) 
as (c).
    Pub. L. 101-147, Sec. 107(2), added subsec. (f).
    Subsec. (g). Pub. L. 101-147, Sec. 311(1), redesignated subsec. (g) 
as (d).
    Pub. L. 101-147, Sec. 205(a), added subsec. (g).
    1988--Subsec. (e). Pub. L. 100-237 added subsec. (e).
    1986--Subsec. (c). Pub. L. 99-500 and Pub. L. 99-591, Sec. 327(b), 
and Pub. L. 99-661, Sec. 4207(b), 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). Pub. L. 99-500 and Pub. L. 99-591, Sec. 327(a), and 
Pub. L. 99-661, Sec. 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). Pub. L. 95-627, Sec. 11(1), inserted provision 
excluding pilot projects conducted under subsec. (d) of this section.
    Subsec. (d). Pub. L. 95-627, Sec. 11(2), added subsec. (d).

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.


                    Effective Date of 1998 Amendment

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


                    Effective Date of 1994 Amendment

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


                    Effective Date of 1992 Amendment

    Section 104 of title I of Pub. L. 102-512 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 Pub. L. 95-627 effective Oct. 1, 1978, see section 14 
of Pub. L. 95-627, set out as a note under section 1755 of this title.


       Other Demonstration Projects for Feeding Homeless Children

    Pub. L. 102-342, title I, Sec. 101(b), Aug. 14, 1992, 106 Stat. 911, 
as amended by Pub. L. 105-336, title I, Sec. 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

    Section 205(b) of Pub. L. 101-147 provided that not later than July 
1, 1990, Secretary of Agriculture was to issue final regulations to 
implement subsec. (g) of this section.

                  Section Referred to in Other Sections

    This section is referred to in section 1755 of this title.
