Pub. L. 111–296, title IV, § 441(a)(9)124 Stat. 3264 Repealed. , ,
Extension of eligibility of certain school districts to receive cash or commodity letters of credit assistance for school lunch programs
Alternative counting and claiming procedures
Pub. L. 111–296, title IV, § 441(a)(11)124 Stat. 3264 to (f) Repealed. –(13), ,
Access to local foods: Patrick Leahy Farm to School Program
Definition of eligible school
section 1773 of this titleIn this subsection, the term “eligible school” means a school or institution that participates in a program under this chapter or the school breakfast program established under .
Program
The Secretary shall carry out a program to assist eligible schools, State and local agencies, Indian tribal organizations, agricultural producers or groups of agricultural producers, and nonprofit entities through grants and technical assistance to implement farm to school programs that improve access to local foods in eligible schools.
Grants
In general
Regional balance
Maximum amount
The total amount provided to a grant recipient under this subsection shall not exceed $100,000.
Federal share
In general
The Federal share of costs for a project funded through a grant awarded under this subsection shall not exceed 75 percent of the total cost of the project.
Federal matching
As a condition of receiving a grant under this subsection, a grant recipient shall provide matching support in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources.
Criteria for selection
Evaluation
As a condition of receiving a grant under this subsection, each grant recipient shall agree to cooperate in an evaluation by the Secretary of the program carried out using grant funds.
Technical assistance
Funding
In general
On , and each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $5,000,000, to remain available until expended.
Receipt and acceptance
The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.
Authorization of appropriations
In addition to the amounts made available under paragraph (8), there are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2011 through 2015.
Pilot program for high-poverty schools
In general
Definitions
Eligible program
Eligible school
The term “eligible school” means a public school, at least 50 percent of the students of which are eligible for free or reduced price meals under this chapter.
Establishment
Priority States
Use of produce
No cost-sharing requirement
A nonprofit organization or public entity that receives a grant under this paragraph shall not be required to share the cost of carrying out the activities assisted under this paragraph.
Evaluation
A nonprofit organization or public entity that receives a grant under this paragraph shall be required to cooperate in an evaluation carried out by the Secretary.
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 2015.
Year-round services for eligible entities
In general
Payments
section 1761(b)(1) of this titleThe service institution shall be reimbursed consistent with .
Administration
section 1761 of this titleTo receive reimbursement under this subsection, a service institution shall comply with , other than subsections (b)(2) and (c)(1) of that section.
Evaluation
section 1761 of this titleNot later than , 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 .
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 2011 through 2015.
Free lunch and breakfast eligibility
In general
section 1773 of this titleSubject 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 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).
Income eligibility
section 1758(b)(1)(B) of this titleThe 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 .
Evaluation
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.
Impact assessment
Children
Factors
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.
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.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended.
Organic food pilot program
Establishment
The Secretary shall establish an organic food pilot program (referred to in this subsection as the “pilot program”) under which the Secretary shall provide grants on a competitive basis to school food authorities selected under paragraph (3).
Use of funds
In general
School food authority uses of funds
A school food authority that receives a grant under this section shall use the grant funds to establish a pilot program that increases the quantity of organic foods provided to schoolchildren under the school lunch program established under this chapter.
Application
In general
A school food authority seeking a contract, grant, or cooperative agreement under this subsection shall submit to the Secretary an application in such form, containing such information, and at such time as the Secretary shall prescribe.
Criteria
Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $10,000,000 for fiscal years 2011 through 2015.
June 4, 1946, ch. 281, § 18Pub. L. 95–166, § 10(2)91 Stat. 1336Pub. L. 95–627, § 1192 Stat. 3624Pub. L. 99–500, title III100 Stat. 1783–362Pub. L. 99–591, title III100 Stat. 3341–365Pub. L. 99–661, div. D, title II, § 4207100 Stat. 4073Pub. L. 100–237, § 5101 Stat. 1739Pub. L. 101–147, title I, § 107103 Stat. 886Pub. L. 102–342, title I, § 101(a)106 Stat. 911Pub. L. 102–512, title I, § 102106 Stat. 3363Pub. L. 103–448, title I108 Stat. 4717Pub. L. 104–193, title VII, § 709110 Stat. 2301Pub. L. 105–336, title I, § 109(a)112 Stat. 3154–3156Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 102(a)]114 Stat. 2763Pub. L. 107–171, title IV, § 4305(a)116 Stat. 332Pub. L. 108–30, § 1117 Stat. 774Pub. L. 108–134, § 5(2)117 Stat. 1390Pub. L. 108–211, § 5(b)118 Stat. 567Pub. L. 108–265, title I118 Stat. 750Pub. L. 109–97, title VII, § 777(a)119 Stat. 2161Pub. L. 110–161, div. A, title VII, § 738(b)121 Stat. 1880Pub. L. 110–234, title IV122 Stat. 1126Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 111–80, title VII, § 749(d)123 Stat. 2132Pub. L. 111–296, title II124 Stat. 3223Pub. L. 117–328, div. A, title VII, § 777136 Stat. 4510(, formerly § 20, as added , , ; amended , , ; renumbered § 18 and amended , §§ 327, 371(c)(1), , , 1783–368, and , §§ 327, 371(c)(1), , , 3341–372; renumbered § 18 and amended , title V, § 4501(c)(1), , , 4080; , , ; , title II, § 205(a), title III, § 311, , , 910, 916; , title III, § 301, , , 913; , , ; , §§ 117(a)(2)(A), (b), 118, , , 4719; , , ; –(c)(1), , ; , , , 2763A–215; , , ; , , ; , , ; , , ; , §§ 116(f), 120–124, , , 756–760; , , ; , , ; , §§ 4303, 4304(b), , , 1131; , title IV, §§ 4303, 4304(b), , , 1887, 1892; , , ; , §§ 210, 243, title IV, §§ 405, 441(a)(9)–(13), , , 3236, 3259, 3264; , , .)
Editorial Notes
References in Text
Pub. L. 89–1079 Stat. 27section 6301 of Title 20The Elementary and Secondary Education Act of 1965, referred to in subsec. (j)(3)(B)(ii)(IV), is , , . 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 and Tables.
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
Pub. L. 99–591Pub. L. 99–500 is a corrected version of .
Prior Provisions
section 1767 of this titleA prior section 18 of act , which was classified to , was repealed.
Amendments
Pub. L. 117–3282022—Subsec. (g). substituted “Access to local foods: Patrick Leahy Farm to School Program” for “Access to local foods: farm to school program” in heading.
Pub. L. 111–296, § 441(a)(9)2010—Subsec. (a). , struck out subsec. (a) which related to pilot projects for administration of child nutrition programs by contract or direct disbursement.
Pub. L. 111–296, § 441(a)(10)Subsec. (c). , 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.
Pub. L. 111–296, § 441(a)(11)Subsecs. (d) to (f). –(13), struck out subsecs. (d) to (f) which related to fortified fluid milk, breakfast pilot projects, and summer food service residential camp eligibility, respectively.
Pub. L. 111–296, § 243(2)Subsecs. (g), (h). , (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).
Pub. L. 111–296, § 243(1)Subsec. (i). , redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).
Pub. L. 111–296, § 405Subsec. (i)(5). , substituted “2011 through 2015” for “2005 through 2010”.
Pub. L. 111–296, § 243(1)Subsec. (j). , redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).
Pub. L. 111–296, § 210, added subsec. (j).
Pub. L. 111–296, § 243(1)Subsec. (k). , redesignated subsec. (j) as (k).
Pub. L. 111–802009—Subsec. (h)(5). substituted “2010” for “2009”.
Pub. L. 110–246, § 4304(b)2008—Subsecs. (f), (g). , redesignated subsecs. (g) and (h) as (f) and (g), respectively, and struck out former subsec. (f) which related to fresh fruit and vegetable program.
Pub. L. 110–246, § 4304(b)Subsec. (h). , redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Pub. 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).
Pub. L. 110–246, § 4304(b)Subsecs. (i), (j). , redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Pub. L. 110–1612007—Subsecs. (f) to (k). redesignated subsecs. (g) to (k) as (f) to (j), respectively, and struck out former subsec. (f) which related to simplified summer food programs.
Pub. L. 109–97, § 777(a)(1)2005—Subsec. (f)(1)(B). , substituted “June 2005” for “April 2004” in introductory provisions.
Pub. L. 109–97, § 777(a)(2)Subsec. (f)(1)(B)(ii). , substituted “75” for “66.67” in introductory provisions.
Pub. L. 108–265, § 116(f)(5)(A)2004—Subsec. (f). , substituted “Simplified summer food programs” for “Summer food pilot projects” in heading.
Pub. L. 108–265, § 116(f)(1)Subsec. (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.
Pub. L. 108–265, § 116(f)(5)(B)Subsec. (f)(2). , substituted “Programs” for “Pilot projects” in heading and “food program” for “food pilot project” in text.
Pub. L. 108–265, § 116(f)(2), substituted “The” for “During the period beginning , and ending , the”.
Pub. L. 108–211 substituted “” for “”.
Pub. L. 108–265, § 116(f)(5)(C)Subsec. (f)(3)(A), (B). , substituted “program” for “pilot project”.
Pub. L. 108–265, § 116(f)(3)section 1761(a)(7) of this title, struck out “(other than a service institution described in )” after “service institution”.
Pub. L. 108–265, § 116(f)(5)(D)Subsec. (f)(5). , substituted “programs” for “pilot projects” in heading and “the program” for “the pilot project” in text wherever appearing.
Pub. L. 108–265, § 116(f)(4)Subsec. (f)(6). , 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.
Pub. L. 108–265, § 120Subsec. (g). , added subsec. (g) and struck out heading and text of former subsec. (g), which related to fruit and vegetable pilot program.
Pub. L. 108–265Subsecs. (h) to (k). , §§ 121–124, added subsecs. (h) to (k).
Pub. L. 108–1342003—Subsec. (f)(2). substituted “beginning , and ending ” for “of fiscal years 2001 through 2003”.
Pub. L. 108–30Subsec. (g)(4). inserted before period at end “, to remain available until the close of the school year beginning July 2003”.
Pub. L. 107–1712002—Subsec. (g). added subsec (g).
Pub. L. 106–5542000—Subsec. (f). added subsec. (f).
Pub. L. 105–336, § 109(a)1998—Subsec. (c). , (c)(1), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to demonstration program for prevention of boarder babies.
Pub. L. 105–336, § 109(c)(1)Subsec. (d). , redesignated subsec. (f) as (d). Former subsec. (d) redesignated (c).
Pub. L. 105–336, § 109(a)Subsec. (e). , (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.
Pub. L. 105–336, § 109(c)(1)Subsec. (f). , redesignated subsec. (f) as (d).
Pub. L. 105–336, § 109(a)Subsec. (g). , struck out subsec. (g) which related to increased choices of fruits, vegetables, legumes, cereals, and grain-based products.
Pub. L. 105–336, § 109(a)Subsec. (h). , struck out subsec. (h) which related to increased choices of lowfat dairy products and lean meat and poultry products.
Pub. L. 105–336, § 109(b)Subsec. (i). , (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.
Pub. L. 104–193, § 709(a)1996—Subsec. (d)(3) to (5). , 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.
Pub. L. 104–193, § 709(b)(1)section 1766 of this titleSubsec. (e)(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 .”
Pub. L. 104–193, § 709(b)(2)Subsec. (e)(5). , added heading and text of par. (5) and struck out former par. (5) which read as follows:
section 1766 of this title“(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 , $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.”
Pub. L. 103–448, § 118(a)1994—Subsec. (b)(1). , struck out “, and ending ” after “beginning ”.
Pub. L. 103–448, § 117(a)(2)(A)Subsec. (c). , (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.
Pub. L. 103–448, § 118(b)Subsecs. (e) to (i). –(f), added subsecs. (e) to (i).
Pub. L. 102–342, § 3011992—Subsec. (b)(1). , substituted “” for “”.
Pub. L. 102–342, § 101(a)(1)Subsec. (c)(2). , inserted “State, city, local, or county governments, other public entities, or” before “private nonprofit”.
Pub. L. 102–512Subsec. (c)(2)(B)(i). substituted “Each private nonprofit organization” for “Each such organization”.
Pub. L. 102–342, § 101(a)(2)Subsec. (c)(3)(A). , 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.”
Pub. L. 102–342, § 101(a)(1)Subsec. (c)(5)(A). , (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”.
Pub. L. 102–342, § 101(a)(4)Subsec. (c)(7). , added par. (7).
Pub. L. 101–147, § 311(2)42 U.S.C. 177142 U.S.C. 17741989—Subsec. (a). , struck out “( et seq.)” after “Child Nutrition Act of 1966” and “()” after “section 5 of the Child Nutrition Act of 1966”.
Pub. 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.
Pub. L. 101–147, § 311(1)Subsec. (b). , 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.
Pub. L. 101–147, § 311(1)Subsec. (c). , redesignated subsec. (f) as (c) and struck out former subsec. (c) which related to report due not later than 18 months after .
Pub. L. 101–147, § 311(1)Subsec. (d). , redesignated subsec. (g) as (d). Former subsec. (d) redesignated (a).
Pub. L. 101–147, § 311(1)Subsec. (e). , redesignated subsec. (e) as (b).
Pub. L. 101–147, § 107(1)(A)Subsec. (e)(1). , substituted “beginning , and ending ” for “for the duration beginning , and ending ” and inserted at end “The Secretary, directly or through contract, shall administer the project under this subsection.”
Pub. L. 101–147, § 311(1)Subsec. (f). , redesignated subsec. (f) as (c).
Pub. L. 101–147, § 107(2), added subsec. (f).
Pub. L. 101–147, § 311(1)Subsec. (g). , redesignated subsec. (g) as (d).
Pub. L. 101–147, § 205(a), added subsec. (g).
Pub. L. 100–2371988—Subsec. (e). added subsec. (e).
Pub. L. 99–500Pub. L. 99–591, § 327(b)Pub. L. 99–661, § 4207(b)1986—Subsec. (c). and , and , 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.
Pub. L. 99–500Pub. L. 99–591, § 327(a)Pub. L. 99–661, § 4207(a)Subsec. (d). and , and , 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.
Pub. L. 95–627, § 11(1)1978—Subsec. (c). , inserted provision excluding pilot projects conducted under subsec. (d) of this section.
Pub. L. 95–627, § 11(2)Subsec. (d). , added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–296section 445 of Pub. L. 111–296section 1751 of this titleAmendment by effective , except as otherwise specifically provided, see , set out as a note under .
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under , Agriculture.
Pub. L. 110–246section 4407 of Pub. L. 110–246section 1161 of Title 2Amendment by sections 4303 and 4304(b) of effective , see , set out as a note under , The Congress.
Effective Date of 2007 Amendment
Pub. L. 110–161section 738(c) of Pub. L. 110–161section 1761 of this titleAmendment by effective on Jan. 1 of the first full calendar year following , see , set out as a note under .
Effective Date of 2005 Amendment
Pub. L. 109–97, title VII, § 777(b)119 Stat. 2161
Effective Date of 2004 Amendment
Pub. L. 108–265Pub. L. 108–265Pub. L. 108–265section 1754 of this titleAmendment by section 116(f)(1), (3) of effective , and amendment by sections 116(f)(2), (4), (5) and 120 to 124 of effective , see section 502(a), (b)(3) of , as amended, set out as an Effective Date note under .
Effective Date of 2002 Amendment
Pub. L. 107–171, title IV, § 4305(b)116 Stat. 332
Effective Date of 1998 Amendment
Pub. L. 105–336section 401 of Pub. L. 105–336section 1755 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1994 Amendment
Pub. L. 103–448section 401 of Pub. L. 103–448section 1755 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1992 Amendment
Pub. L. 102–512, title I, § 104106 Stat. 3364
Effective Date of 1978 Amendment
Pub. L. 95–627section 14 of Pub. L. 95–627section 1755 of this titleAmendment by effective , see , set out as a note under .
Funding for Pilot Projects To Award Grants for Tribal School Lunch Programs
Pub. L. 118–42, div. B, title VII, § 758138 Stat. 114
Other Demonstration Projects for Feeding Homeless Children
Pub. L. 102–342, title I, § 101(b)106 Stat. 911Pub. L. 105–336, title I, § 109(c)(2)112 Stat. 3157
Alternative Counting and Claiming Procedures; Promulgation of Regulations
Pub. L. 101–147, title II, § 205(b)103 Stat. 911, , , provided that not later than , Secretary of Agriculture was to issue final regulations to implement subsec. (g) of this section.