42 U.S.C. § 1769
Section 1769 · Pilot projects
Current version, with additions and removals from the August 22, 1996 version.
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].
(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.
(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.
(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.
(1) Using the funds provided under paragraph (7), the Secretary shall conduct at least 1 demonstration project through a participating entity during each of fiscal years 1995 through 1998 that is designed to provide food and nutrition services throughout the year to—
(A) homeless pregnant women; and
(B) homeless mothers or guardians of infants, and the children of the mothers and guardians.
(2) To be eligible to obtain funds under this subsection, a homeless shelter, a transitional housing organization, or another entity that provides or will provide temporary housing for individuals described in paragraph (1) shall (in accordance with guidelines established by the Secretary)—
(A) submit to the Secretary a proposal to provide food and nutrition services, including a plan for coordinating the services with services provided under the special supplemental nutrition program for women, infants, and children authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
(B) receive the approval of the Secretary for the proposal;
(C) be located in an urban area that has—
(i) a significant population of boarder babies;
(ii) a very high rate of mortality for children under 1 year of age; or
(iii) a significant population of homeless pregnant women and homeless women with infants;
as determined by the Secretary; and
(D) be able to coordinate services provided under this subsection with the services provided by the local government and with other programs that may assist the participants receiving services under this subsection.
(3) Food and nutrition services funded under this subsection—
(A) may include—
(i) meals, supplements, and other food;
(ii) nutrition education;
(iii) nutrition assessments;
(iv) referrals to—
(I) the special supplemental nutrition program for women, infants, and children authorized under section 17 of such Act (42 U.S.C. 1786);
(II) the medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
(III) the food stamp program established under section 2013 of title 7; and
(IV) other public or private programs and services;
(v) activities related to the services described in any of clauses (i) through (iv); and
(vi) administrative activities related to the services described in any of clauses (i) through (v); and
(B) may not include the construction, purchase, or rental of real property.
(4)(A) A participating entity shall—
(i) use the same meal patterns, and receive reimbursement payments for meals and supplements at the same rates, as apply to child care centers participating in the child care food program under section 1766 of this title for free meals and supplements;
(ii) receive reimbursement payments for meals and supplements served on Saturdays, Sundays, and holidays, at the request of the entity; and
(iii) maintain a policy of not providing services or assistance to pregnant women, or homeless women with infants, who use a controlled substance (as defined in section 802 of title 21).
(B) The Secretary may modify the meal pattern requirements to take into account the needs of infants, homeless pregnant women, homeless mothers, guardians of infants, or the children of the women, mothers, or guardians.
(C) The Secretary shall provide funding to a participating entity for services described in paragraph (3) that are provided to individuals described in paragraph (1).
(5) The Secretary shall impose such auditing and recordkeeping requirements as are necessary to monitor the use of Federal funds to carry out this subsection.
(6) The Secretary shall notify 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 projects carried out under this subsection.
(7)(A) Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary $400,000 for each of fiscal years 1995 through 1998 to carry out this subsection. The Secretary shall be entitled to receive the funds and shall accept the funds.
(B) Any funds provided under subparagraph (A) to carry out projects under this subsection for a fiscal year that are not obligated in the fiscal year shall be used by the Secretary to carry out the homeless children nutrition program established under section 1766b of this title.
(8) As used in this subsection:
(A) The term “boarder baby” means an abandoned infant described in section 103(1) of the Abandoned Infants Assistance Act of 1988 (Public Law 100–505; 42 U.S.C. 670 note).
(B) The term “nutrition education” has the meaning provided in section 17(b)(7) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(7)).
(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.
(1) The Secretary may establish a demonstration program to provide grants to eligible institutions or schools to provide meals or supplements to adolescents participating in educational, recreational, or other programs and activities provided outside of school hours.
(2) The Secretary may not provide a grant under paragraph (1) to an eligible institution or school unless the institution or school submits to the Secretary an application containing such information as the Secretary may reasonably require.
(3) The Secretary may not provide a grant under paragraph (1) to an eligible institution or school unless the institution or school agrees that the institution or school will—
(A) use amounts from the grant to provide meals or supplements under educational, recreational, or other programs and activities for adolescents outside of school hours, and the programs and activities are carried out in geographic areas in which there are high rates of poverty, violence, or drug and alcohol abuse among school-aged youths; and
(B) use the same meal patterns as meal patterns required under the child and adult care food program under section 1766 of this title.
(4) Determinations with regard to eligibility for free and reduced price meals and supplements provided under programs and activities under this subsection shall be made in accordance with the income eligibility guidelines for free and reduced price lunches under section 1758 of this title.
(1) Definition of eligible school
In 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 section 1773 of this title.
(2) 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.
(3) Grants
(A) In general
The Secretary shall award competitive grants under this subsection to be used for—
(i) training;
(ii) supporting operations;
(iii) planning;
(iv) purchasing equipment;
(v) developing school gardens;
(vi) developing partnerships; and
(vii) implementing farm to school programs.
(B) Regional balance
In making awards under this subsection, the Secretary shall, to the maximum extent practicable, ensure—
(i) geographical diversity; and
(ii) equitable treatment of urban, rural, and tribal communities.
(C) Maximum amount
The total amount provided to a grant recipient under this subsection shall not exceed $100,000.
(4) Federal share
(A) 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.
(B) 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.
(5) Criteria for selection
To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall give the highest priority to funding projects that, as determined by the Secretary—
(A) make local food products available on the menu of the eligible school;
(B) serve a high proportion of children who are eligible for free or reduced price lunches;
(C) incorporate experiential nutrition education activities in curriculum planning that encourage the participation of school children in farm and garden-based agricultural education activities;
(D) demonstrate collaboration between eligible schools, nongovernmental and community-based organizations, agricultural producer groups, and other community partners;
(E) include adequate and participatory evaluation plans;
(F) demonstrate the potential for long-term program sustainability; and
(G) meet any other criteria that the Secretary determines appropriate.
(6) 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.
(7) Technical assistance
The Secretary shall provide technical assistance and information to assist eligible schools, State and local agencies, Indian tribal organizations, and nonprofit entities—
(A) to facilitate the coordination and sharing of information and resources in the Department that may be applicable to the farm to school program;
(B) to collect and share information on best practices; and
(C) to disseminate research and data on existing farm to school programs and the potential for programs in underserved areas.
(8) Funding
(A) In general
On October 1, 2012, 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.
(B) 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.
(9) Authorization of appropriations
(6) As used in this subsection:
(A) The term “adolescent” means a child who has attained the age of 13 but has not attained the age of 19.
(1) In general
(A) Definitions
In this paragraph:
(i) Eligible program
(i) an institution, as the term is defined in section 1766 of this title; or
(ii) an elementary or secondary school participating in the school lunch program under this chapter.
(C) The term “outside of school hours” means after-school hours, weekends, or holidays during the regular school year.
(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.
(1) The Secretary is authorized to establish a pilot project to assist schools participating in the school lunch program established under this chapter, and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), to offer participating students additional choices of fruits, vegetables, legumes, cereals, and grain-based products (including, subject to paragraph (6), organically produced agricultural commodities and products) (collectively referred to in this subsection as “qualified products”).
(2) The Secretary shall establish procedures under which schools may apply to participate in the pilot project. To the maximum extent practicable, the Secretary shall select qualified schools that apply from each State.
(3) The Secretary may provide a priority for receiving funds under this subsection to—
(A) schools that are located in low-income areas (as defined by the Secretary); and
(B) schools that rarely offer 3 or more choices of qualified products per meal.
(4) On request, the Secretary shall provide information 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 the impact of the pilot project on participating schools, including—
(A) the extent to which participating children increased consumption of qualified products;
(B) the extent to which increased consumption of qualified products offered under the pilot project has contributed to a reduction in fat intake in the school breakfast and school lunch programs;
(C) the desirability of requiring that—
(i) each school participating in the school breakfast program increase the number of choices of qualified products offered per meal to at least 2 choices;
(ii) each school participating in the school lunch program increase the number of choices of qualified products offered per meal; and
(iii) the Secretary provide additional Federal reimbursements to assist schools in complying with clauses (i) and (ii);
(D) the views of school food service authorities on the pilot project; and
(E) any increase or reduction in costs to the schools in offering the additional qualified products.
(5) Subject to the availability of funds appropriated to carry out this subsection, the Secretary shall use not more than $5,000,000 for each of fiscal years 1995 through 1997 to carry out this subsection.
(6) For purposes of this subsection, qualified products shall include organically produced agricultural commodities and products beginning on the date the Secretary establishes an organic certification program for producers and handlers of agricultural products in accordance with the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
(1) The Secretary is authorized to establish a pilot project to assist schools participating in the school lunch program established under this chapter, and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), to offer participating students additional choices of lowfat dairy products (including lactose-free dairy products) and lean meat and poultry products (including, subject to paragraph (6), organically produced agricultural commodities and products) (collectively referred to in this subsection as “qualified products”).
(2) The Secretary shall establish procedures under which schools may apply to participate in the pilot project. To the maximum extent practicable, the Secretary shall select qualified schools that apply from each State.
(3) The Secretary may provide a priority for receiving funds under this subsection to—
(A) schools that are located in low-income areas (as defined by the Secretary); and
(B) schools that rarely offer 3 or more choices of qualified products per meal.
(4) On request, the Secretary shall provide information 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 the impact of the pilot project on participating schools, including—
(A) the extent to which participating children increased consumption of qualified products;
(B) the extent to which increased consumption of qualified products offered under the pilot project has contributed to a reduction in fat intake in the school breakfast and school lunch programs;
(C) the desirability of requiring that—
(i) each school participating in the school breakfast program increase the number of choices of qualified products offered per meal to at least 2 choices;
(ii) each school participating in the school lunch program increase the number of choices of qualified products offered per meal; and
(iii) the Secretary provide additional Federal reimbursements to assist schools in complying with clauses (i) and (ii);
(D) the views of the school food service authorities on the pilot project; and
(E) any increase or reduction in costs to the schools in offering the additional qualified products.
(I) a school-based program with hands-on vegetable gardening and nutrition education that is incorporated into the curriculum for 1 or more grades at 2 or more 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 2 or more eligible schools.
(ii) 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.
(B) Establishment
The Secretary shall carry out a pilot program under which the Secretary shall provide to nonprofit organizations or public entities in not more than 5 States grants to develop and run, through eligible programs, community gardens at eligible schools in the States that would—
(i) be planted, cared for, and harvested by students at the eligible schools; and
(ii) teach the students participating in the community gardens about agriculture production practices and diet.
(C) Priority States
Of the States in which grantees under this paragraph are located—
(i) at least 1 State shall be among the 15 largest States, as determined by the Secretary;
(ii) at least 1 State shall be among the 16th to 30th largest States, as determined by the Secretary; and
(iii) at least 1 State shall be a State that is not described in clause (i) or (ii).
(D) Use of produce
Produce from a community garden provided a grant under this paragraph may be—
(i) used to supplement food provided at the eligible school;
(ii) distributed to students to bring home to the families of the students; or
(iii) donated to a local food bank or senior center nutrition program.
(E) 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.
(F) 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.
(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 2015.
(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
(6) For purposes of this subsection, qualified products shall include organically produced agricultural commodities and products beginning on the date the Secretary establishes an organic certification program for producers and handlers of agricultural products in accordance with the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
(1) Subject to the availability of advance appropriations under paragraph (8), the Secretary shall make grants to a limited number of schools to conduct pilot projects in 2 or more States approved by the Secretary to—
(A) reduce paperwork;
(B) reduce application and meal counting requirements; and
(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 1773 of this title 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—
(2)(A) 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) The Secretary may not waive a requirement under subparagraph (A) if the waiver would prevent a program participant, a potential program recipient, or a school from receiving all of the benefits and protections of this chapter, the Child Nutrition Act of 1966, or a Federal statute or regulation that protects an individual constitutional right or a statutory civil right.
(C) No child otherwise eligible for free or reduced price meals under section 1758 of this title or under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) shall be required to pay more under a program carried out under this subsection for such a meal than the child would otherwise pay under section 1758 of this title or under section 4 of the Child Nutrition Act of 1966 [42 U.S.C. 1773], respectively.
(3) To be eligible to receive a grant to conduct a pilot project under this subsection, a school shall—
(A) submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require, including, at a minimum, information—
(i) demonstrating that the program carried out under the project differs from programs carried out under subparagraph (C), (D), or (E) of section 1759a(a)(1) of this title;
(ii) demonstrating that at least 40 percent of the students participating in the school lunch program at the school are eligible for free or reduced price meals;
(iii) demonstrating that the school operates both a school lunch program and a school breakfast program;
(iv) describing the funding, if any that the school will receive from non-Federal sources to carry out the pilot project;
(v) describing and justifying the additional amount, over the most recent prior year reimbursement amount received under the school lunch program and the school breakfast program (adjusted for inflation and fluctuations in enrollment), that the school needs from the Federal government to conduct the pilot; and
(vi) describing the policy of the school on a la carte and competitive foods;
(B) not have a history of violations of this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
(C) meet any other requirement that the Secretary may reasonably require.
(4) To the extent practicable, the Secretary shall select schools to participate in the pilot program under this subsection in a manner that will provide for an equitable distribution among the following types of schools:
(A) Urban and rural schools.
(B) Elementary, middle, and high schools.
(C) Schools of varying income levels.
(5)(A) Except as provided in subparagraph (B), a school conducting a pilot project under this subsection shall receive commodities in an amount equal to the amount the school received in the prior year under the school lunch program under this chapter and under the school breakfast program under section 4 of the Child Nutrition Act of 1966 [42 U.S.C. 1773], adjusted for inflation and fluctuations in enrollment.
(B) Commodities required for the pilot project in excess of the amount of commodities received by the school in the prior year under the school lunch program and the school breakfast program may be funded from amounts appropriated to carry out this section.
(6)(A) Except as provided in subparagraph (B), a school conducting a pilot project under this subsection shall receive a total Federal reimbursement under the school lunch program and school breakfast program in an amount equal to the total Federal reimbursement for the school in the prior year under each such program (adjusted for inflation and fluctuations in enrollment).
(B) Funds required for the pilot project in excess of the level of reimbursement received by the school in the prior year (adjusted for inflation and fluctuations in enrollment) may be taken from any non-Federal source or from amounts appropriated to carry out this subsection. If no appropriations are made for the pilot projects, schools may not conduct the pilot projects.
(7)(A) The Secretary shall require each school conducting a pilot project under this subsection to submit to the Secretary documentation sufficient for the Secretary, to the extent practicable, to—
(i) determine the effect that participation by schools in the pilot projects has on the rate of student participation in the school lunch program and the school breakfast program, in total and by various income groups;
(ii) compare the quality of meals served under the pilot project to the quality of meals served under the school lunch program and the school breakfast program during the school year immediately preceding participation in the pilot project;
(iii) summarize the views of students, parents, and administrators with respect to the pilot project;
(iv) compare the amount of administrative costs under the pilot project to the amount of administrative costs under the school lunch program and the school breakfast program during the school year immediately preceding participation in the pilot project;
(v) determine the reduction in paperwork under the pilot project from the amount of paperwork under the school lunch and school breakfast programs at the school; and
(vi) determine the effect of participation in the pilot project on sales of, and school policy regarding, a la carte and competitive foods.
(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
(i) a description of the pilot projects approved by the Secretary under this subsection;
(ii) a compilation of the information received by the Secretary under paragraph (1) as of this date from each school conducting a pilot project under this subsection; and
(iii) an evaluation of the program by the Secretary.
(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.
(1) 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).
(2) Use of funds
(A) In general
The Secretary shall use funds provided under this section—
(i) to enter into competitively awarded contracts or cooperative agreements with school food authorities selected under paragraph (3); or
(ii) to make grants to school food authority applicants selected under paragraph (3).
(B) 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.
(3) Application
(A) 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.
(B) Criteria
In selecting contract, grant, or cooperative agreement recipients, the Secretary shall consider—
(i) the poverty line (as defined in section 9902(2) of this title, including any revision required by that section)) 1 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;
(ii) the commitment of each school food authority applicant—
(I) to improve the nutritional value of school meals;
(II) to carry out innovative programs that improve the health and wellness of schoolchildren; and
(III) to evaluate the outcome of the pilot program; and
(iii) any other criteria the Secretary determines to be appropriate.
(4) Authorization of appropriations