42 U.S.C. § 1769a — Fresh fruit and vegetable program

Page 4983 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769a 445 of Pub. L. 111–296, set out as a note under section 1751 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by sections 4303 and 4304(b) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–161 effective on Jan. 1 of the first full calendar year following Dec. 26, 2007, see section 738(c) of Pub. L. 110–161, set out as a note under section 1761 of this title. EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–97, title VII, § 777(b), Nov. 10, 2005, 119 Stat. 2161, provided that: ‘‘The amendments made by subsection (a) [amending this section] take effect on January 1, 2006.’’ EFFECTIVE DATE OF 2004 AMENDMENT Amendment by section 116(f)(1), (3) of Pub. L. 108–265 effective Jan. 1, 2005, and amendment by sections 116(f)(2), (4), (5) and 120 to 124 of Pub. L. 108–265 effective June 30, 2004, see section 502(a), (b)(3) of Pub. L. 108–265, as amended, set out as an Effective Date note under section 1754 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–171, title IV, § 4305(b), May 13, 2002, 116 Stat. 332, provided that: ‘‘The amendment made by this section [amending this section] takes effect on the date of enactment of this Act [May 13, 2002].’’ 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 Pub. L. 102–512, title I, § 104, Oct. 24, 1992, 106 Stat. 3364, 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. FUNDING FOR PILOT PROJECTS TO AWARD GRANTS FOR TRIBAL SCHOOL LUNCH PROGRAMS Pub. L. 118–42, div. B, title VII, § 758, Mar. 9, 2024, 138 Stat. 114, provided that: ‘‘(a) For an additional amount for the Office of the Secretary, $2,000,000, to remain available until ex- pended, for the Secretary of Agriculture to carry out no more than 10 pilot projects, under the terms and conditions determined by the Secretary for a period not to exceed 2 years, that award grants to an Indian tribe; a tribal organization approved by an Indian tribe; a tribal educational agency; a consortium of Indian tribes; or a partnership between an Indian tribe and ei- ther a State educational agency, a local educational agency, a tribal educational agency, or the Bureau of Indian Education to operate and implement the school lunch program as authorized by [section 18 of] the Richard B. Russell National School Lunch Act (42 U.S.C. 1769), the summer food service program as estab- lished under section 13 of the Richard B. Russell Na- tional School Lunch Act [42 U.S.C. 1761], the child and adult care food program as established by section 17 of the Richard B. Russell National School Lunch Act [42 U.S.C. 1766], or the school breakfast program estab- lished by [section 4 of] the Child Nutrition Act of 1966 (42 U.S.C. 1773) in either a Bureau-funded school (as de- fined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); a school (as defined in section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)) on or near an Indian reservation; or an early child care and education facility: Provided, That to carry out this pilot program each grant award- ed shall be no less than $10,000 and no more than $100,000 for each school year and shall not increase state administrative costs or the amount of benefits provided in any program: Provided further, That the term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 5304). ‘‘(b) Notwithstanding any other provision of law, a pilot project grant recipient shall be reimbursed for meals served under the school lunch program, the sum- mer food service program, and the child and adult care food program as if the recipient were a State under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.]; and under the school breakfast pro- gram as if the recipient were a State educational agen- cy. ‘‘(c) Not later than 1 year after the conclusion of the pilot program, the Secretary shall submit to Congress a report on the outcomes of the pilot program.’’ OTHER DEMONSTRATION PROJECTS FOR FEEDING HOMELESS CHILDREN Pub. L. 102–342, title I, § 101(b), Aug. 14, 1992, 106 Stat. 911, as amended by Pub. L. 105–336, title I, § 109(c)(2), Oct. 31, 1998, 112 Stat. 3157, provided that: ‘‘The Sec- retary 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 Pub. L. 101–147, title II, § 205(b), Nov. 10, 1989, 103 Stat. 911, provided that not later than July 1, 1990, Secretary of Agriculture was to issue final regulations to imple- ment subsec. (g) of this section. § 1769a. Fresh fruit and vegetable program (a) In general For the school year beginning July 2008 and each subsequent school year, the Secretary shall provide grants to States to carry out a program to make free fresh fruits and vegetables avail- able in elementary schools (referred to in this section as the ‘‘program’’). (b) Program A school participating in the program shall make free fresh fruits and vegetables available to students throughout the school day (or at such other times as are considered appropriate by the Secretary) in 1 or more areas designated by the school. (c) Funding to States (1) Minimum grant Except as provided in subsection (i)(2), the Secretary shall provide to each of the 50 Page 4984 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769a 1 See References in Text note below. States and the District of Columbia an annual grant in an amount equal to 1 percent of the funds made available for a year to carry out the program. (2) Additional funding Of the funds remaining after grants are made under paragraph (1), the Secretary shall allocate additional funds to each State that is operating a school lunch program under sec- tion 1753 of this title based on the proportion that— (A) the population of the State; bears to (B) the population of the United States. (d) Selection of schools (1) In general Except as provided in paragraph (2) of this subsection and section 4304(a)(2) of the Food, Conservation, and Energy Act of 2008, each year, in selecting schools to participate in the program, each State shall— (A) ensure that each school chosen to par- ticipate in the program is a school— (i) in which not less than 50 percent of the students are eligible for free or re- duced price meals under this chapter; and (ii) that submits an application in ac- cordance with subparagraph (D); (B) to the maximum extent practicable, give the highest priority to schools with the highest proportion of children who are eligi- ble for free or reduced price meals under this chapter; (C) ensure that each school selected is an elementary school (as defined in section 7801 1 of title 20); (D) solicit applications from interested schools that include— (i) information pertaining to the per- centage of students enrolled in the school submitting the application who are eligi- ble for free or reduced price school lunches under this chapter; (ii) a certification of support for partici- pation in the program signed by the school food manager, the school principal, and the district superintendent (or equivalent positions, as determined by the school); (iii) a plan for implementation of the program, including efforts to integrate ac- tivities carried out under this section with other efforts to promote sound health and nutrition, reduce overweight and obesity, or promote physical activity; and (iv) such other information as may be re- quested by the Secretary; and (E) encourage applicants to submit a plan for implementation of the program that in- cludes a partnership with 1 or more entities that will provide non-Federal resources (in- cluding entities representing the fruit and vegetable industry). (2) Exception Clause (i) of paragraph (1)(A) shall not apply to a State if all schools that meet the require- ments of that clause have been selected and the State does not have a sufficient number of additional schools that meet the requirement of that clause. (3) Outreach to low-income schools (A) In general Prior to making decisions regarding school participation in the program, a State agency shall inform the schools within the State with the highest proportion of free and re- duced price meal eligibility, including Na- tive American schools, of the eligibility of the schools for the program with respect to priority granted to schools with the highest proportion of free and reduced price eligi- bility under paragraph (1)(B). (B) Requirement In providing information to schools in ac- cordance with subparagraph (A), a State agency shall inform the schools that would likely be chosen to participate in the pro- gram under paragraph (1)(B). (e) Notice of availability If selected to participate in the program, a school shall widely publicize within the school the availability of free fresh fruits and vegeta- bles under the program. (f) Per-student grant The per-student grant provided to a school under this section shall be— (1) determined by a State agency; and (2) not less than $50, nor more than $75. (g) Limitation To the maximum extent practicable, each State agency shall ensure that in making the fruits and vegetables provided under this section available to students, schools offer the fruits and vegetables separately from meals otherwise provided at the school under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (h) Evaluation and reports (1) In general The Secretary shall conduct an evaluation of the program, including a determination as to whether children experienced, as a result of participating in the program— (A) increased consumption of fruits and vegetables; (B) other dietary changes, such as de- creased consumption of less nutritious foods; and (C) such other outcomes as are considered appropriate by the Secretary. (2) Report Not later than September 30, 2011, the Sec- retary shall submit to the Committee on Edu- cation and Labor of the House of Representa- tives and the Committee on Agriculture, Nu- trition, and Forestry of the Senate a report that describes the results of the evaluation under paragraph (1). (i) Funding (1) In general Out of the funds made available under sub- section (b)(2)(A) of section 612c–6 of title 7, the Secretary shall use the following amounts to carry out this section: Page 4985 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769a (A) On October 1, 2008, $40,000,000. (B) On July 1, 2009, $65,000,000. (C) On July 1, 2010, $101,000,000. (D) On July 1, 2011, $150,000,000. (E) On July 1, 2012, and each July 1 there- after, the amount made available for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding April 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the De- partment of Labor, for items other than food. (2) Maintenance of existing funding In allocating funding made available under paragraph (1) among the States in accordance with subsection (c), the Secretary shall ensure that each State that received funding under section 1769(f) of this title on the day before the date of enactment of the Food, Conserva- tion, and Energy Act of 2008 shall continue to receive sufficient funding under this section to maintain the caseload level of the State under that section as in effect on that date. (3) Evaluation funding On October 1, 2008, out of any funds made available under subsection (b)(2)(A) of section 612c–6 of title 7, the Secretary shall use to carry out the evaluation required under sub- section (h), $3,000,000, to remain available for obligation until September 30, 2010. (4) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section any funds transferred for that purpose, without further appropriation. (5) Authorization of appropriations In addition to any other amounts made available to carry out this section, there are authorized to be appropriated such sums as are necessary to expand the program established under this section. (6) Administrative costs (A) In general Of funds made available to carry out this section for a fiscal year, the Secretary may use not more than $500,000 for the adminis- trative costs of carrying out the program. (B) Reservation of funds The Secretary shall allow each State to re- serve such funding as the Secretary deter- mines to be necessary to administer the pro- gram in the State (with adjustments for the size of the State and the grant amount), but not to exceed the amount required to pay the costs of 1 full-time coordinator for the program in the State. (7) Reallocation (A) Among States The Secretary may reallocate any amounts made available to carry out this section that are not obligated or expended by a date determined by the Secretary. (B) Within States A State that receives a grant under this section may reallocate any amounts made available under the grant that are not obli- gated or expended by a date determined by the Secretary. (June 4, 1946, ch. 281, § 19, as added Pub. L. 110–234, title IV, § 4304(a)(1), May 22, 2008, 122 Stat. 1127, and Pub. L. 110–246, § 4(a), title IV, § 4304(a)(1), June 18, 2008, 122 Stat. 1664, 1888.) Editorial Notes REFERENCES IN TEXT Section 4304(a)(2) of the Food, Conservation, and En- ergy Act of 2008, referred to in subsec. (d)(1), is section 4304(a)(2) of Pub. L. 110–246, which is set out as a note below. Section 7801 of title 20, referred to in subsec. (d)(1)(C), was in the original a reference to section 9101 of Pub. L. 89–10, which was renumbered section 8101 of Pub. L. 89–10 by Pub. L. 114–95, title VIII, § 8001(a)(1), Dec. 10, 2015, 129 Stat. 2089. The Child Nutrition Act of 1966, referred to in subsec. (g), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 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. The date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (i)(2), is the date of enactment of Pub. L. 110–246, which was ap- proved June 18, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 1769a, act June 4, 1946, ch. 281, § 19, for- merly § 21, as added Nov. 10, 1977, Pub. L. 95–166, § 13, 91 Stat. 1338; renumbered § 19, Oct. 18, 1986, Pub. L. 99–500, title III, § 371(c)(1), 100 Stat. 1783–368, and Oct. 30, 1986, Pub. L. 99–591, title III, § 371(c)(1), 100 Stat. 3341–372; re- numbered § 19, Nov. 14, 1986, Pub. L. 99–661, div. D, title V, § 4501(c)(1), 100 Stat. 4080; Nov. 10, 1989, Pub. L. 101–147, title I, § 108, 103 Stat. 887; Nov. 2, 1994, Pub. L. 103–448, title I, § 119, 108 Stat. 4726, directed Secretary to reduce paperwork required in carrying out functions under this chapter and under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), prior to repeal by Pub. L. 104–193, title VII, § 710, Aug. 22, 1996, 110 Stat. 2301. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. Section effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as an Effective Date of 2008 Amend- ment note under section 1161 of Title 2, The Congress. PILOT PROJECT FOR CANNED, FROZEN, OR DRIED FRUITS AND VEGETABLES Pub. L. 113–79, title IV, § 4214, Feb. 7, 2014, 128 Stat. 831, provided that: ‘‘(a) IN GENERAL.—Subject to subsection (b), in the 2014–2015 school year, the Secretary [of Agriculture] 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