42 U.S.C. § 1769f — Duties of Secretary relating to non-

Page 4997 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769f regarding which activities are effective in reducing the prevalence or preventing the incidence of food insecurity and hunger in the community, especially among children. (3) Reporting Not later than December 31, 2011 and each December 31 thereafter until the date on which the last evaluation under paragraph (1) is completed, the Secretary shall— (A) submit to the Committee on Agri- culture and the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutri- tion, and Forestry of the Senate a report that includes a description of— (i) the status of each State demonstra- tion project; and (ii) the results of any evaluations of the demonstration projects completed during the previous fiscal year; and (B) ensure that the evaluation results are shared broadly to inform policy makers, service providers, other partners, and the public in order to promote the wide use of successful strategies. (g) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section such sums as are nec- essary for each of fiscal years 2011 through 2014, to remain available until expended. (2) Use of funds Funds made available under paragraph (1) may be used to carry out this section, includ- ing to pay Federal costs associated with devel- oping, soliciting, awarding, monitoring, evalu- ating, and disseminating the results of each demonstration project under this section. (3) Limitations (A) Duration No project may be funded under this sec- tion for more than 5 years. (B) Performance basis Funds provided under this section shall be made available to each Governor on an an- nual basis, with the amount of funds pro- vided for each year contingent on the satis- factory implementation of the project plan and progress towards the performance goals defined in the project year plan. (C) Altering nutrition assistance program re- quirements No project that makes use of, alters, or co- ordinates with the supplemental nutrition assistance program may be funded under this section unless the project is fully con- sistent with the project requirements de- scribed in section 17(b)(1)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)). (D) Other benefits Funds made available under this section may not be used for any project in a manner that is inconsistent with— (i) this chapter; (ii) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); (iii) the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or (iv) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.). (June 4, 1946, ch. 281, § 24, as added Pub. L. 111–296, title I, § 142, Dec. 13, 2010, 124 Stat. 3210.) Editorial Notes REFERENCES IN TEXT The Food and Nutrition Act of 2008, referred to in subsecs. (a)(2) and (g)(3)(D)(iii), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. The Child Nutrition Act of 1966, referred to in sub- secs. (c)(2) and (g)(3)(D)(ii), 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. The Emergency Food Assistance Act of 1983, referred to in subsec. (g)(3)(D)(iv), is title II of Pub. L. 98–8, Mar. 24, 1983, 97 Stat. 35, which is classified principally to chapter 102 (§ 7501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 7501 of Title 7 and Tables. PRIOR PROVISIONS A prior section 1769e, act June 4, 1946, ch. 281, § 24, as added Nov. 10, 1989, Pub. L. 101–147, title I, § 112, 103 Stat. 890, related to nutrition guidance for child nutri- tion programs, prior to repeal by Pub. L. 104–193, title VII, § 712, 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 Section effective Oct. 1, 2010, except as otherwise spe- cifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title. § 1769f. Duties of Secretary relating to non- procurement debarment (a) Purposes The purposes of this section are to promote the prevention and deterrence of instances of fraud, bid rigging, and other anticompetitive ac- tivities encountered in the procurement of prod- ucts for child nutrition programs by— (1) establishing guidelines and a timetable for the Secretary to initiate debarment pro- ceedings, as well as establishing mandatory debarment periods; and (2) providing training, technical advice, and guidance in identifying and preventing the ac- tivities. (b) Definitions As used in this section: (1) Child nutrition program The term ‘‘child nutrition program’’ means— Page 4998 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769f (A) the school lunch program established under this chapter; (B) the summer food service program for children established under section 1761 of this title; (C) the child and adult care food program established under section 1766 of this title; (D) the special milk program established under section 1772 of this title; (E) the school breakfast program estab- lished under section 1773 of this title; and (F) the special supplemental nutrition pro- gram for women, infants, and children au- thorized under section 1786 of this title. (2) Contractor The term ‘‘contractor’’ means a person that contracts with a State, an agency of a State, or a local agency to provide goods or services in relation to the participation of a local agen- cy in a child nutrition program. (3) Local agency The term ‘‘local agency’’ means a school, school food authority, child care center, spon- soring organization, or other entity authorized to operate a child nutrition program at the local level. (4) Nonprocurement debarment The term ‘‘nonprocurement debarment’’ means an action to bar a person from pro- grams and activities involving Federal finan- cial and nonfinancial assistance, but not in- cluding Federal procurement programs and ac- tivities. (5) Person The term ‘‘person’’ means any individual, corporation, partnership, association, coopera- tive, or other legal entity, however organized. (c) Assistance to identify and prevent fraud and anticompetitive activities The Secretary shall— (1) in cooperation with any other appro- priate individual, organization, or agency, pro- vide advice, training, technical assistance, and guidance (which may include awareness train- ing, training films, and troubleshooting ad- vice) to representatives of States and local agencies regarding means of identifying and preventing fraud and anticompetitive activi- ties relating to the provision of goods or serv- ices in conjunction with the participation of a local agency in a child nutrition program; and (2) provide information to, and fully cooper- ate with, the Attorney General and State at- torneys general regarding investigations of fraud and anticompetitive activities relating to the provision of goods or services in con- junction with the participation of a local agency in a child nutrition program. (d) Nonprocurement debarment (1) In general Except as provided in paragraph (3) and sub- section (e), not later than 180 days after notifi- cation of the occurrence of a cause for debar- ment described in paragraph (2), the Secretary shall initiate nonprocurement debarment pro- ceedings against the contractor who has com- mitted the cause for debarment. (2) Causes for debarment Actions requiring initiation of nonprocure- ment debarment pursuant to paragraph (1) shall include a situation in which a contractor is found guilty in any criminal proceeding, or found liable in any civil or administrative pro- ceeding, in connection with the supplying, providing, or selling of goods or services to any local agency in connection with a child nutrition program, of— (A) an anticompetitive activity, including bid-rigging, price-fixing, the allocation of customers between competitors, or other violation of Federal or State antitrust laws; (B) fraud, bribery, theft, forgery, or embez- zlement; (C) knowingly receiving stolen property; (D) making a false claim or statement; or (E) any other obstruction of justice. (3) Exception If the Secretary determines that a decision on initiating nonprocurement debarment pro- ceedings cannot be made within 180 days after notification of the occurrence of a cause for debarment described in paragraph (2) because of the need to further investigate matters re- lating to the possible debarment, the Sec- retary may have such additional time as the Secretary considers necessary to make a deci- sion, but not to exceed an additional 180 days. (4) Mandatory child nutrition program debar- ment periods (A) In general Subject to the other provisions of this paragraph and notwithstanding any other provision of law except subsection (e), if, after deciding to initiate nonprocurement debarment proceedings pursuant to para- graph (1), the Secretary decides to debar a contractor, the debarment shall be for a pe- riod of not less than 3 years. (B) Previous debarment If the contractor has been previously debarred pursuant to nonprocurement debar- ment proceedings initiated pursuant to para- graph (1), and the cause for debarment is de- scribed in paragraph (2) based on activities that occurred subsequent to the initial de- barment, the debarment shall be for a period of not less than 5 years. (C) Scope At a minimum, a debarment under this subsection shall serve to bar the contractor for the specified period from contracting to provide goods or services in conjunction with the participation of a local agency in a child nutrition program. (D) Reversal, reduction, or exception Nothing in this section shall restrict the ability of the Secretary to— (i) reverse a debarment decision; (ii) reduce the period or scope of a debar- ment; (iii) grant an exception permitting a debarred contractor to participate in a particular contract to provide goods or services; or Page 4999 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769g (iv) otherwise settle a debarment action at any time; in conjunction with the participation of a local agency in a child nutrition program, if the Secretary determines there is good cause for the action, after taking into account fac- tors set forth in paragraphs (1) through (6) of subsection (e). (5) Information On request, the Secretary shall present to the Committee on Education and Labor, and the Committee on Agriculture, of the House of Representatives and the Committee on Agri- culture, Nutrition, and Forestry of the Senate information regarding the decisions required by this subsection. (6) Relationship to other authorities A debarment imposed under this section shall not reduce or diminish the authority of a Federal, State, or local government agency or court to penalize, imprison, fine, suspend, debar, or take other adverse action against a person in a civil, criminal, or administrative proceeding. (7) Regulations The Secretary shall issue such regulations as are necessary to carry out this subsection. (e) Mandatory debarment Notwithstanding any other provision of this section, the Secretary shall initiate nonprocure- ment debarment proceedings against the con- tractor (including any cooperative) who has committed the cause for debarment (as deter- mined under subsection (d)(2)), unless the ac- tion— (1) is likely to have a significant adverse ef- fect on competition or prices in the relevant market or nationally; (2) will interfere with the ability of a local agency to procure a needed product for a child nutrition program; (3) is unfair to a person, subsidiary corpora- tion, affiliate, parent company, or local divi- sion of a corporation that is not involved in the improper activity that would otherwise re- sult in the debarment; (4) is likely to have significant adverse eco- nomic impacts on the local economy in a man- ner that is unfair to innocent parties; (5) is not justified in light of the penalties already imposed on the contractor for viola- tions relevant to the proposed debarment, in- cluding any suspension or debarment arising out of the same matter that is imposed by any Federal or State agency; or (6) is not in the public interest, or otherwise is not in the interests of justice, as determined by the Secretary. (f) Exhaustion of administrative remedies Prior to seeking judicial review in a court of competent jurisdiction, a contractor against whom a nonprocurement debarment proceeding has been initiated shall— (1) exhaust all administrative procedures prescribed by the Secretary; and (2) receive notice of the final determination of the Secretary. (g) Information relating to prevention and con- trol of anticompetitive activities On request, the Secretary shall present to the Committee on Education and Labor, and the Committee on Agriculture, of the House of Rep- resentatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate informa- tion regarding the activities of the Secretary re- lating to anticompetitive activities, fraud, non- procurement debarment, and any waiver granted by the Secretary under this section. (June 4, 1946, ch. 281, § 25, as added Pub. L. 103–448, title I, § 122(a), Nov. 2, 1994, 108 Stat. 4727; amended Pub. L. 105–336, title I, § 107(j)(2)(C)(ii), Oct. 31, 1998, 112 Stat. 3153.) Editorial Notes AMENDMENTS 1998—Subsec. (b)(1)(D) to (G). Pub. L. 105–336 redesig- nated subpars. (E) to (G) as (D) to (F), respectively, and struck out former subpar. (D) which read as follows: ‘‘the homeless children nutrition program established under section 1766b of this title;’’. 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 OF 1998 AMENDMENT Amendment by Pub. L. 105–336 effective July 1, 1999, see section 107(j)(4) of Pub. L. 105–336, set out as a note under section 1761 of this title. EFFECTIVE DATE Section effective Oct. 1, 1994, see section 401 of Pub. L. 103–448, set out as an Effective Date of 1994 Amend- ment note under section 1755 of this title. Pub. L. 103–448, title I, § 122(b), Nov. 2, 1994, 108 Stat. 4730, provided that: ‘‘Section 25 of the [Richard B. Rus- sell] National School Lunch Act [42 U.S.C. 1769f] (as added by subsection (a)) shall not apply to a cause for debarment as described in section 25(d)(2) of such Act that is based on an activity that took place prior to the effective date of section 25 of such Act [Oct. 1, 1994].’’ NO REDUCTION IN AUTHORITY OF SECRETARY OF AGRI- CULTURE TO DEBAR OR SUSPEND A PERSON FROM FEDERAL FINANCIAL AND NONFINANCIAL ASSISTANCE AND BENEFITS Pub. L. 103–448, title I, § 122(c), Nov. 2, 1994, 108 Stat. 4731, provided that: ‘‘The authority of the Secretary of Agriculture that exists on the day before the date of enactment of this Act [Nov. 2, 1994] to debar or suspend a person from Federal financial and nonfinancial as- sistance and benefits under Federal programs and ac- tivities shall not be diminished or reduced by sub- section (a) [enacting this section] or the amendment made by subsection (a).’’ § 1769g. Information clearinghouse (a) In general The Secretary shall enter into a contract with a nongovernmental organization described in subsection (b) to establish and maintain a clear- inghouse to provide information to nongovern- mental groups located throughout the United States that assist low-income individuals or