42 U.S.C. § 1769b — Department of Defense overseas depend-

Page 4986 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769b shall carry out a pilot project in schools participating in the Fresh Fruit and Vegetable Program under sec- tion 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) (referred to in this section as the ‘‘Program’’), in not less than 5 States, to evalu- ate the impact of allowing schools to offer canned, fro- zen, or dried fruits and vegetables as part of the Pro- gram. ‘‘(b) REQUIREMENTS.—Not later than 60 days after the date of enactment of this Act [Feb. 14, 2014], the Sec- retary shall establish criteria for the conditions under which canned, frozen, or dried fruits and vegetables may be offered, which shall be in accordance with the most recent Dietary Guidelines for Americans pub- lished under section 301 of the National Nutrition Mon- itoring and Related Research Act of 1990 (7 U.S.C. 5341). ‘‘(c) EVALUATION.—With respect to the pilot project, the Secretary shall evaluate— ‘‘(1) the impacts on fruit and vegetable consump- tion at the schools participating in the pilot project; ‘‘(2) the impacts of the pilot project on school par- ticipation in the Program and operation of the Pro- gram; ‘‘(3) the implementation strategies used by the schools participating in the pilot project; ‘‘(4) the acceptance of the pilot project by key stakeholders; and ‘‘(5) such other outcomes as are determined by the Secretary. ‘‘(d) REPORTS.— ‘‘(1) INTERIM REPORT.—Not later than January 1, 2015, the Secretary shall submit to the Committee on Education and [the] Workforce of the House of Rep- resentatives and the Committee on Agriculture, Nu- trition, and Forestry of the Senate a report that de- scribes the results of the evaluation under subsection (c). ‘‘(2) FINAL REPORT.—On completion of the pilot project, 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 that describes the results of the evaluation under sub- section (c). ‘‘(e) NOTICE OF AVAILABILITY.—As soon as practicable after the date on which the Secretary establishes the criteria for the pilot project under subsection (b), the Secretary shall notify potentially eligible schools of the potential eligibility of the schools for participation in the pilot project. ‘‘(f) RELATIONSHIP TO FRESH FRUIT AND VEGETABLE PROGRAM.—Nothing in this section permits a school that is not a part of the pilot project to offer anything other than fresh fruits and vegetables through the Pro- gram. ‘‘(g) FUNDING.—The Secretary shall use $5,000,000 of amounts otherwise made available to the Secretary to carry out this section.’’ TRANSITION OF EXISTING SCHOOLS Pub. L. 110–234, title IV, § 4304(a)(2), May 22, 2008, 122 Stat. 1130, and Pub. L. 110–246, § 4(a), title IV, § 4304(a)(2), June 18, 2008, 122 Stat. 1664, 1891, provided that: ‘‘(A) EXISTING SECONDARY SCHOOLS.—Section 19(d)(1)(C) of the Richard B. Russell National School Lunch Act [42 U.S.C. 1769a(d)(1)(C)] (as amended by paragraph (1)) may be waived by a State until July 1, 2010, for each secondary school in the State that has been awarded funding under section 18(f) of that Act (42 U.S.C. 1769(f)) for the school year beginning July 1, 2008. ‘‘(B) SCHOOL YEAR BEGINNING JULY 1, 2008.—To facili- tate transition from the program authorized under sec- tion 18(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(f)) (as in effect on the day be- fore the date of enactment of this Act [June 18, 2008]) to the program established under section 19 of that Act [42 U.S.C. 1769a] (as amended by paragraph (1))— ‘‘(i) for the school year beginning July 1, 2008, the Secretary [of Agriculture] may permit any school se- lected for participation under section 18(f) of that Act (42 U.S.C. 1769(f)) for that school year to continue to participate under section 19 of that Act [42 U.S.C. 1769a] until the end of that school year; and ‘‘(ii) funds made available under that Act [42 U.S.C. 1751 et seq.] for fiscal year 2009 may be used to sup- port the participation of any schools selected to par- ticipate in the program authorized under section 18(f) of that Act (42 U.S.C. 1769(f)) (as in effect on the day before the date of enactment of this Act [June 18, 2008]).’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] § 1769b. Department of Defense overseas depend- ents’ schools (a) Purpose of program; availability of payments and commodities For the purpose of obtaining Federal pay- ments and commodities in conjunction with the provision of lunches to students attending De- partment of Defense dependents’ schools which are located outside the United States, its terri- tories or possessions, the Secretary of Agri- culture shall make available to the Department of Defense, from funds appropriated for such purpose, the same payments and commodities as are provided to States for schools participating in the National School Lunch Program in the United States. (b) Administration of program; eligibility deter- minations and regulations The Secretary of Defense shall administer lunch programs authorized by this section and shall determine eligibility for free and reduced price lunches under the criteria published by the Secretary of Agriculture, except that the Sec- retary of Defense shall prescribe regulations governing computation of income eligibility standards for families of students participating in the National School Lunch Program under this section. (c) Nutritional standards for meals; noncompli- ance with standards The Secretary of Defense shall be required to offer meals meeting nutritional standards pre- scribed by the Secretary of Agriculture; how- ever, the Secretary of Defense may authorize de- viations from Department of Agriculture pre- scribed meal patterns and fluid milk require- ments when local conditions preclude strict compliance or when such compliance is imprac- ticable. (d) Authorization of appropriations Funds are hereby authorized to be appro- priated for any fiscal year in such amounts as may be necessary for the administrative ex- penses of the Department of Defense under this section. (e) Technical assistance for administration of program The Secretary of Agriculture shall provide the Secretary of Defense with the technical assist- ance in the administration of the school lunch programs authorized by this section. (June 4, 1946, ch. 281, § 20, formerly § 22, as added Pub. L. 95–561, title XIV, § 1408(a), Nov. 1, 1978, 92 Page 4987 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769b–1 Stat. 2368; renumbered § 20 and amended Pub. L. 99–500, title III, §§ 328(a), 371(c)(1), Oct. 18, 1986, 100 Stat. 1783–362, 1783–368, and Pub. L. 99–591, title III, §§ 328(a), 371(c)(1), Oct. 30, 1986, 100 Stat. 3341–365, 3341–372; renumbered § 20 and amended Pub. L. 99–661, div. D, title II, § 4208(a), title V, § 4501(c)(1), Nov. 14, 1986, 100 Stat. 4073, 4080; Pub. L. 101–147, title III, § 312(2), Nov. 10, 1989, 103 Stat. 916.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. PRIOR PROVISIONS A prior section 20 of act June 4, 1946, was renumbered section 18 of act June 4, 1946, and is classified to section 1769 of this title. AMENDMENTS 1989—Subsec. (b). Pub. L. 101–147 substituted ‘‘reduced price’’ for ‘‘reduced-price’’. 1986—Subsec. (d). Pub. L. 99–500 and Pub. L. 99–591, § 328(a), and Pub. L. 99–661, § 4208(a), amended subsec. (d) identically, striking out ‘‘and for payment of the dif- ference between the value of commodities and pay- ments received from the Secretary of Agriculture and (1) the full cost of each lunch for each student eligible for a free lunch, and (2) the full cost of each lunch, less any amounts required by law or regulation to be paid by each student eligible for a reduced-price lunch’’ after ‘‘this section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1978 and no provision herein to be construed as impairing or preventing the taking effect of any other Act providing for the transfer of functions described herein to an executive department having responsibility for education, see section 1415 of Pub. L. 95–561, set out as a note under section 921 of Title 20, Education. § 1769b–1. Training, technical assistance, and food service management institute (a) General authority The Secretary— (1) subject to the availability of, and from, amounts appropriated pursuant to subsection (e)(1), shall conduct training activities and provide— (A) training and technical assistance to improve the skills of individuals employed in— (i) food service programs carried out with assistance under this chapter and, to the maximum extent practicable, using in- dividuals who administer exemplary local food service programs in the State; (ii) school breakfast programs carried out with assistance under section 1773 of this title; and (iii) as appropriate, other federally as- sisted feeding programs; and (B) assistance, on a competitive basis, to State agencies for the purpose of aiding schools and school food authorities with at least 50 percent of enrolled children certified to receive free or reduced price meals (and, if there are any remaining funds, other schools and school food authorities) in meet- ing the cost of acquiring or upgrading tech- nology and information management sys- tems for use in food service programs carried out under this chapter and section 1773 of this title, if the school or school food au- thority submits to the State agency an in- frastructure development plan that— (i) addresses the cost savings and im- provements in program integrity and oper- ations that would result from the use of new or upgraded technology; (ii) ensures that there is not any overt identification of any child by special to- kens or tickets, announced or published list of names, or by any other means; (iii) provides for processing and verifying applications for free and reduced price school meals; (iv) integrates menu planning, produc- tion, and serving data to monitor compli- ance with section 1758(f)(1) of this title; and (v) establishes compatibility with state- wide reporting systems; (C) assistance, on a competitive basis, to State agencies with low proportions of schools or students that— (i) participate in the school breakfast program under section 1773 of this title; and (ii) demonstrate the greatest need, for the purpose of aiding schools in meeting costs associated with initiating or expand- ing a school breakfast program under sec- tion 1773 of this title, including outreach and informational activities; and (2) from amounts appropriated pursuant to subsection (e)(2), is authorized to provide fi- nancial and other assistance to the University of Mississippi, in cooperation with the Univer- sity of Southern Mississippi, to establish and maintain a food service management insti- tute. (b) Minimum requirements The activities conducted and assistance pro- vided as required by subsection (a)(1) shall at least include activities and assistance with re- spect to— (1) menu planning; (2) implementation of regulations and appro- priate guidelines; and (3) compliance with program requirements and accountability for program operations. (c) Duties of food service management institute (1) In general Any food service management institute es- tablished as authorized by subsection (a)(2) shall carry out activities to improve the gen- eral operation and quality of— (A) food service programs assisted under this chapter; (B) school breakfast programs assisted under section 1773 of this title; and (C) as appropriate, other federally assisted feeding programs. (2) Required activities Activities carried out under paragraph (1) shall include—