42 U.S.C. § 1769c — Compliance and accountability

Page 4989 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769c 1 So in original. No par. (2) has been enacted. (2) Use of funds The Secretary may use funds provided under this subsection— (A) to provide training and technical as- sistance and material related to improving program integrity and administrative accu- racy in school meals programs; and (B) to assist State educational agencies in reviewing the administrative practices of local educational agencies, to the extent de- termined by the Secretary. (June 4, 1946, ch. 281, § 21, as added Pub. L. 101–147, title I, § 109, Nov. 10, 1989, 103 Stat. 887; amended Pub. L. 102–337, § 1, Aug. 7, 1992, 106 Stat. 865; Pub. L. 103–448, title I, § 120, Nov. 2, 1994, 108 Stat. 4726; Pub. L. 105–336, title I, §§ 103(c)(2), 110, Oct. 31, 1998, 112 Stat. 3147, 3157; Pub. L. 108–265, title I, §§ 125, 126(a), title II, § 205(b), June 30, 2004, 118 Stat. 761, 763, 787; Pub. L. 108–447, div. A, title VII, § 788(c), Dec. 8, 2004, 118 Stat. 2851; Pub. L. 111–80, title VII, § 749(e), Oct. 21, 2009, 123 Stat. 2132; Pub. L. 111–296, title IV, §§ 406, 407, Dec. 13, 2010, 124 Stat. 3259, 3260.) Editorial Notes AMENDMENTS 2010—Subsec. (e). Pub. L. 111–296, § 406, substituted ‘‘Food service management institute’’ for ‘‘Authoriza- tion of appropriations’’ in heading, added par. (1), re- designated former subpars. (B) and (C) of former par. (2) as pars. (2) and (3), respectively, and realigned margins, substituted ‘‘paragraph (1)’’ for ‘‘subparagraph (A)’’ in two places in par. (2) and ‘‘paragraphs (1) and (2)’’ for ‘‘subparagraphs (A) and (B)’’ in par. (3), and struck out former pars. (1) and (2)(A) which related to authoriza- tion of appropriations for training activities and tech- nical assistance and funding for the food service man- agement institute, respectively. Subsec. (g)(1)(A)(iii). Pub. L. 111–296, § 407, added cl. (iii). 2009—Subsec. (g)(1)(A)(ii). Pub. L. 111–80 substituted ‘‘October 1, 2008, and October 1, 2009’’ for ‘‘and October 1, 2008’’. 2004—Subsec. (a)(1). Pub. L. 108–265, § 125(a), sub- stituted provisions relating to training and technical assistance under this chapter, section 1773 of this title, and other federally assisted programs, including assist- ance on a competitive basis to State agencies for the purpose of aiding schools with at least 50 percent of en- rolled children certified to receive free or reduced price meals, and to State agencies with low proportions of students that participate in the school breakfast pro- gram and demonstrate the greatest need, for provisions relating to training activities and technical assistance under this chapter, section 1773 of this title, and other federally assisted programs. Subsec. (c)(2)(B)(vi) to (x). Pub. L. 108–265, § 125(b), added cl. (vi), struck out former cls. (vi) and (vii), which related to safety and food handling, respectively, and redesignated former cls. (viii) to (x) as (vii) to (ix), respectively. Subsec. (c)(2)(E). Pub. L. 108–265, § 205(b), struck out ‘‘, including activities carried out with assistance pro- vided under section 1788 of this title’’ before semicolon at end. Subsec. (e)(1). Pub. L. 108–265, § 125(c)(1), substituted ‘‘2009’’ for ‘‘2003’’. Subsec. (e)(2)(A). Pub. L. 108–447 inserted ‘‘and’’ after ‘‘2005’’. Pub. L. 108–265, § 125(c)(2), substituted ‘‘provide to the Secretary’’ for ‘‘provide to the Secretary $147,000 for fiscal year 1995, $2,000,000 for each of fiscal years 1996 through 1998, and’’ and ‘‘2004 and $4,000,000 for fiscal year 2005’’ for ‘‘1999 and’’. Subsecs. (f), (g). Pub. L. 108–265, § 126(a), added sub- secs. (f) and (g). 1998—Subsec. (c)(2)(F), (H). Pub. L. 105–336, § 110(a), substituted ‘‘established by the Secretary’’ for ‘‘of sec- tion 1769e of this title’’. Subsec. (e)(1). Pub. L. 105–336, § 110(b), substituted ‘‘2003’’ for ‘‘1998’’. Subsec. (e)(2)(A). Pub. L. 105–336, § 110(c), substituted ‘‘$2,000,000 for each of fiscal years 1996 through 1998, and $3,000,000 for fiscal year 1999 and each subsequent fiscal year,’’ for ‘‘and $2,000,000 for fiscal year 1996 and each subsequent fiscal year,’’ in first sentence. Pub. L. 105–336, § 103(c)(2), inserted ‘‘, without further appropriation’’ before period at end of second sentence. 1994—Subsec. (a)(1). Pub. L. 103–448, § 120(c)(1), sub- stituted ‘‘subject to the availability of, and from, amounts’’ for ‘‘from amounts’’ in introductory provi- sions. Subsec. (c)(2)(B)(ix), (x). Pub. L. 103–448, § 120(a)(1), added cl. (ix) and redesignated former cl. (ix) as (x). Subsec. (c)(2)(F) to (H). Pub. L. 103–448, § 120(a)(2)–(4), added subpars. (F) to (H). Subsec. (d). Pub. L. 103–448, § 120(b), designated exist- ing provisions as par. (1), inserted heading, and added par. (2). Subsec. (e). Pub. L. 103–448, § 120(c)(2), added subsec. (e) and struck out former subsec. (e) which read as fol- lows: ‘‘There are authorized to be appropriated— ‘‘(1) $3,000,000 for the fiscal year 1990, $2,000,000 for the fiscal year 1991, and $1,000,000 for each of the fis- cal years 1992, 1993, and 1994 for purposes of carrying out subsection (a)(1) of this section; and ‘‘(2) $1,000,000 for the fiscal year 1990 and $4,000,000 for each of the fiscal years 1991, 1992, 1993, and 1994 for purposes of carrying out subsection (a)(2) of this sec- tion.’’ 1992—Subsec. (a)(2). Pub. L. 102–337 inserted ‘‘to pro- vide financial and other assistance to the University of Mississippi, in cooperation with the University of Southern Mississippi,’’ after ‘‘is authorized’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title. 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. § 1769c. Compliance and accountability (a) Unified accountability system (1) 1 In general There shall be a unified system prescribed and administered by the Secretary to ensure that local food service authorities partici- pating in the school lunch program estab- lished under this chapter and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) comply with those Acts, including compliance with— (A) the nutritional requirements of section 1758(f) of this title for school lunches; and (B) as applicable, the nutritional require- ments for school breakfasts under section Page 4990 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769c 2 So in original. Probably means subpars. (A) and (B) of par. (1) of subsec. (a). 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)). (b) Functions of system (1) In general Under the system described in subsection (a), each State educational agency shall— (A) require that local food service authori- ties comply with the nutritional require- ments described in subparagraphs (A) and (B) of paragraph (1); 2 (B) to the maximum extent practicable, ensure compliance through reasonable au- dits and supervisory assistance reviews; (C) in conducting audits and reviews for the purpose of determining compliance with this chapter, including the nutritional re- quirements of section 1758(f) of this title— (i) conduct audits and reviews during a 3- year cycle or other period prescribed by the Secretary; (ii) select schools for review in each local educational agency using criteria estab- lished by the Secretary; (iii) report the final results of the re- views to the public in the State in an ac- cessible, easily understood manner in ac- cordance with guidelines promulgated by the Secretary; and (iv) submit to the Secretary each year a report containing the results of the re- views in accordance with procedures devel- oped by the Secretary; and (D) when any local food service authority is reviewed under this section, ensure that the final results of the review by the State educational agency are posted and otherwise made available to the public on request in an accessible, easily understood manner in accordance with guidelines promulgated by the Secretary. (2) Minimization of additional duties Each State educational agency shall coordi- nate the compliance and accountability ac- tivities described in paragraph (1) in a manner that minimizes the imposition of additional duties on local food service authorities. (3) Additional review requirement for selected local educational agencies (A) Definition of selected local educational agencies In this paragraph, the term ‘‘selected local educational agency’’ means a local edu- cational agency that has a demonstrated high level of, or a high risk for, administra- tive error, as determined by the Secretary. (B) Additional administrative review In addition to any review required by sub- section (a) or paragraph (1), each State edu- cational agency shall conduct an adminis- trative review of each selected local edu- cational agency during the review cycle es- tablished under subsection (a). (C) Scope of review In carrying out a review under subpara- graph (B), a State educational agency shall only review the administrative processes of a selected local educational agency, includ- ing application, certification, verification, meal counting, and meal claiming proce- dures. (D) Results of review If the State educational agency deter- mines (on the basis of a review conducted under subparagraph (B)) that a selected local educational agency fails to meet perform- ance criteria established by the Secretary, the State educational agency shall— (i) require the selected local educational agency to develop and carry out an ap- proved plan of corrective action; (ii) except to the extent technical assist- ance is provided directly by the Secretary, provide technical assistance to assist the selected local educational agency in car- rying out the corrective action plan; and (iii) conduct a followup review of the se- lected local educational agency under standards established by the Secretary. (4) Retaining funds after administrative re- views (A) In general Subject to subparagraphs (B) and (C), if the local educational agency fails to meet administrative performance criteria estab- lished by the Secretary in both an initial re- view and a followup review under paragraph (1) or (3) or subsection (a), the Secretary may require the State educational agency to retain funds that would otherwise be paid to the local educational agency for school meals programs under procedures prescribed by the Secretary. (B) Amount The amount of funds retained under sub- paragraph (A) shall equal the value of any overpayment made to the local educational agency or school food authority as a result of an erroneous claim during the time period described in subparagraph (C). (C) Time period The period for determining the value of any overpayment under subparagraph (B) shall be the period— (i) beginning on the date the erroneous claim was made; and (ii) ending on the earlier of the date the erroneous claim is corrected or— (I) in the case of the first followup re- view conducted by the State educational agency of the local educational agency under this section after July 1, 2005, the date that is 60 days after the beginning of the period under clause (i); or (II) in the case of any subsequent fol- lowup review conducted by the State educational agency of the local edu- cational agency under this section, the date that is 90 days after the beginning of the period under clause (i). (5) Use of retained funds (A) In general Subject to subparagraph (B), funds re- tained under paragraph (4) shall— Page 4991 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769c (i) be returned to the Secretary, and may be used— (I) to provide training and technical assistance related to administrative practices designed to improve program integrity and administrative accuracy in school meals programs to State edu- cational agencies and, to the extent de- termined by the Secretary, to local edu- cational agencies and school food au- thorities; (II) to assist State educational agen- cies in reviewing the administrative practices of local educational agencies in carrying out school meals programs; and (III) to carry out section 1769b–1(f) of this title; or (ii) be credited to the child nutrition programs appropriation account. (B) State share A State educational agency may retain not more than 25 percent of an amount re- covered under paragraph (4), to carry out school meals program integrity initiatives to assist local educational agencies and school food authorities that have repeatedly failed, as determined by the Secretary, to meet administrative performance criteria. (C) Requirement To be eligible to retain funds under sub- paragraph (B), a State educational agency shall— (i) submit to the Secretary a plan de- scribing how the State educational agency will use the funds to improve school meals program integrity, including measures to give priority to local educational agencies from which funds were retained under paragraph (4); (ii) consider using individuals who ad- minister exemplary local food service pro- grams in the provision of training and technical assistance; and (iii) obtain the approval of the Secretary for the plan. (6) Eligibility determination review for se- lected local educational agencies (A) In general A local educational agency that has dem- onstrated a high level of, or a high risk for, administrative error associated with certifi- cation, verification, and other administra- tive processes, as determined by the Sec- retary, shall ensure that the initial eligi- bility determination for each application is reviewed for accuracy prior to notifying a household of the eligibility or ineligibility of the household for free or reduced price meals. (B) Timeliness The review of initial eligibility determina- tions— (i) shall be completed in a timely man- ner; and (ii) shall not result in the delay of an eli- gibility determination for more than 10 op- erating days after the date on which the application is submitted. (C) Acceptable types of review Subject to standards established by the Secretary, the system used to review eligi- bility determinations for accuracy shall be conducted by an individual or entity that did not make the initial eligibility deter- mination. (D) Notification of household Once the review of an eligibility deter- mination has been completed under this paragraph, the household shall be notified immediately of the determination of eligi- bility or ineligibility for free or reduced price meals. (E) Reporting (i) Local educational agencies In accordance with procedures estab- lished by the Secretary, each local edu- cational agency required to review initial eligibility determinations shall submit to the relevant State agency a report describ- ing the results of the reviews, including— (I) the number and percentage of re- viewed applications for which the eligi- bility determination was changed and the type of change made; and (II) such other information as the Sec- retary determines to be necessary. (ii) State agencies In accordance with procedures estab- lished by the Secretary, each State agency shall submit to the Secretary a report de- scribing the results of the reviews of ini- tial eligibility determinations, including— (I) the number and percentage of re- viewed applications for which the eligi- bility determination was changed and the type of change made; and (II) such other information as the Sec- retary determines to be necessary. (iii) Transparency The Secretary shall publish annually the results of the reviews of initial eligibility determinations by State, number, percent- age, and type of error. (c) Role of Secretary In carrying out this section, the Secretary shall— (1) assist the State educational agency in the monitoring of programs conducted by local food service authorities; and (2) through management evaluations, review the compliance of the State educational agen- cy and the local school food service authori- ties with regulations issued under this chap- ter. (d) Authorization of appropriations There is authorized to be appropriated for pur- poses of carrying out the compliance and ac- countability activities referred to in subsection (c) $10,000,000 for each of fiscal years 2011 through 2015. (e) Fines for violating program requirements (1) School food authorities and schools (A) In general The Secretary shall establish criteria by which the Secretary or a State agency may Page 4992 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769c impose a fine against any school food au- thority or school administering a program authorized under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if the Secretary or the State agency deter- mines that the school food authority or school has— (i) failed to correct severe mismanage- ment of the program; (ii) disregarded a program requirement of which the school food authority or school had been informed; or (iii) failed to correct repeated violations of program requirements. (B) Limits (i) In general In calculating the fine for a school food authority or school, the Secretary shall base the amount of the fine on the reim- bursement earned by school food authority or school for the program in which the vio- lation occurred. (ii) Amount The amount under clause (i) shall not ex- ceed— (I) 1 percent of the amount of meal re- imbursements earned for the fiscal year for the first finding of 1 or more program violations under subparagraph (A); (II) 5 percent of the amount of meal re- imbursements earned for the fiscal year for the second finding of 1 or more pro- gram violations under subparagraph (A); and (III) 10 percent of the amount of meal reimbursements earned for the fiscal year for the third or subsequent finding of 1 or more program violations under subparagraph (A). (2) State agencies (A) In general The Secretary shall establish criteria by which the Secretary may impose a fine against any State agency administering a program authorized under this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if the Secretary determines that the State agency has— (i) failed to correct severe mismanage- ment of the program; (ii) disregarded a program requirement of which the State had been informed; or (iii) failed to correct repeated violations of program requirements. (B) Limits In the case of a State agency, the amount of a fine under subparagraph (A) shall not exceed— (i) 1 percent of funds made available under section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) for State ad- ministrative expenses during a fiscal year for the first finding of 1 or more program violations under subparagraph (A); (ii) 5 percent of funds made available under section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) for State ad- ministrative expenses during a fiscal year for the second finding of 1 or more pro- gram violations under subparagraph (A); and (iii) 10 percent of funds made available under section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) for State ad- ministrative expenses during a fiscal year for the third or subsequent finding of 1 or more program violations under subpara- graph (A). (3) Source of funding Funds to pay a fine imposed under paragraph (1) or (2) shall be derived from non-Federal sources. (June 4, 1946, ch. 281, § 22, as added Pub. L. 101–147, title I, § 110(a), Nov. 10, 1989, 103 Stat. 889; amended Pub. L. 103–448, title I, § 121, Nov. 2, 1994, 108 Stat. 4727; Pub. L. 105–336, title I, § 111, Oct. 31, 1998, 112 Stat. 3157; Pub. L. 108–265, title I, §§ 126(b)(1), 127, June 30, 2004, 118 Stat. 763, 767; Pub. L. 111–296, title II, § 207, title III, §§ 303, 304, title IV, § 408, Dec. 13, 2010, 124 Stat. 3220, 3240, 3242, 3260.) Editorial Notes REFERENCES IN TEXT The Child Nutrition Act of 1966, referred to in sub- secs. (a)(1) and (e)(1)(A), (2)(A), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chap- ter 13A (§ 1771 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1771 of this title and Tables. Those Acts, referred to in subsec. (a)(1), mean the Richard B. Russell National School Lunch Act, which was in the original ‘‘this Act’’ and was translated to read ‘‘this chapter’’, and the Child Nutrition Act of 1966. See above. PRIOR PROVISIONS A prior section 1769c, act June 4, 1946, ch. 281, § 22, as added Nov. 10, 1978, Pub. L. 95–627, § 9, 92 Stat. 3623, di- rected a study of menu choice, prior to repeal by Pub. L. 99–500, title III, § 371(b), Oct. 18, 1986, 100 Stat. 1783–368, and Pub. L. 99–591, title III, § 371(b), Oct. 30, 1986, 100 Stat. 3341–372; Pub. L. 99–661, div. D, title V, § 4501(b), Nov. 14, 1986, 100 Stat. 4080. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–296, § 207(1), added sub- sec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘There shall be a uni- fied system prescribed and administered by the Sec- retary for ensuring that local food service authorities that participate in the school lunch program under this chapter comply with the provisions of this chapter. Such system shall be established through the publica- tion of regulations and the provision of an opportunity for public comment, consistent with the provisions of section 553 of title 5.’’ Subsec. (b)(1). Pub. L. 111–296, § 207(2), added subpars. (A) to (D) and struck out former subpars. (A) and (B) which read as follows: ‘‘(A) require that local food service authorities com- ply with the provisions of this chapter; and ‘‘(B) ensure such compliance through reasonable au- dits and supervisory assistance reviews.’’ Subsec. (b)(6). Pub. L. 111–296, § 304, added par. (6). Subsec. (d). Pub. L. 111–296, § 408, substituted ‘‘$10,000,000 for each of fiscal years 2011 through 2015’’ for ‘‘$6,000,000 for each of fiscal years 2004 through 2009’’. Subsec. (e). Pub. L. 111–296, § 303, added subsec. (e). 2004—Subsec. (b)(3) to (5). Pub. L. 108–265, § 126(b)(1), added pars. (3) to (5). Page 4993 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769d Subsec. (d). Pub. L. 108–265, § 127, substituted ‘‘$6,000,000 for each of fiscal years 2004 through 2009’’ for ‘‘$3,000,000 for each of the fiscal years 1994 through 2003’’. 1998—Subsec. (d). Pub. L. 105–336 substituted ‘‘2003’’ for ‘‘1996’’. 1994—Subsec. (d). Pub. L. 103–448 substituted ‘‘fiscal years 1994 through 1996’’ for ‘‘fiscal years 1990, 1991, 1992, 1993, and 1994’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by section 126(b)(1) of Pub. L. 108–265 ef- fective July 1, 2005, and amendment by section 127 of Pub. L. 108–265 effective June 30, 2004, see section 502(a), (b)(4) of Pub. L. 108–265, as amended, set out as an Ef- fective Date note under section 1754 of this title. 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. REGULATIONS Pub. L. 101–147, title I, § 110(b), Nov. 10, 1989, 103 Stat. 889, provided that: ‘‘Not later than July 1, 1990, the Sec- retary of Agriculture shall issue final regulations to implement section 22 of the [Richard B. Russell] Na- tional School Lunch Act [this section] (as added by subsection (a) of this section).’’ INTERPRETATION Pub. L. 108–265, title I, § 126(b)(2), June 30, 2004, 118 Stat. 765, provided that: ‘‘Nothing in the amendment made by paragraph (1) [amending this section] affects the requirements for fiscal actions as described in the regulations issued pursuant to section 22(a) of the Rich- ard B. Russell National School Lunch Act (42 U.S.C. 1769c(a)).’’ § 1769d. Childhood hunger research (a) Research on causes and consequences of childhood hunger (1) In general The Secretary shall conduct research on— (A) the causes of childhood hunger and food insecurity; (B) the characteristics of households with childhood hunger and food insecurity; and (C) the consequences of childhood hunger and food insecurity. (2) Authority In carrying out research under paragraph (1), the Secretary may— (A) enter into competitively awarded con- tracts or cooperative agreements; or (B) provide grants to States or public or private agencies or organizations, as deter- mined by the Secretary. (3) Application To be eligible to enter into a contract or co- operative agreement or receive a grant under this subsection, a State or public or private agency or organization shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. (4) Areas of inquiry The Secretary shall design the research pro- gram to advance knowledge and understanding of information on the issues described in para- graph (1), such as— (A) economic, health, social, cultural, de- mographic, and other factors that contribute to childhood hunger or food insecurity; (B) the geographic distribution of child- hood hunger and food insecurity; (C) the extent to which— (i) existing Federal assistance programs, including title 26, reduce childhood hunger and food insecurity; and (ii) childhood hunger and food insecurity persist due to— (I) gaps in program coverage; (II) the inability of potential partici- pants to access programs; or (III) the insufficiency of program bene- fits or services; (D) the public health and medical costs of childhood hunger and food insecurity; (E) an estimate of the degree to which the Census Bureau measure of food insecurity underestimates childhood hunger and food insecurity because the Census Bureau ex- cludes certain households, such as homeless, or other factors; (F) the effects of childhood hunger on child development, well-being, and educational at- tainment; and (G) such other critical outcomes as are de- termined by the Secretary. (5) Funding (A) In general On October 1, 2012, 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 $10,000,000, to remain available until ex- pended. (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 sub- paragraph (A), without further appropria- tion. (b) Demonstration projects to end childhood hunger (1) Definitions In this subsection: (A) Child The term ‘‘child’’ means a person under the age of 18. (B) Supplemental nutrition assistance pro- gram The term ‘‘supplemental nutrition assist- ance program’’ means the supplemental nu- trition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).