7 U.S.C. § 2036a — Nutrition education and obesity preven-

Page 1391 TITLE 7—AGRICULTURE § 2036a Subsec. (a)(2)(D)(v) to (ix). Pub. L. 115–334, § 4018(e)(2)(B)(ii), added cls. (v) to (ix). Subsec. (a)(2)(E). Pub. L. 115–334, § 4018(e)(2)(C), sub- stituted ‘‘2024’’ for ‘‘2019’’, ‘‘subparagraph (D)(ix)’’ for ‘‘subparagraph (D)(iv)’’, and ‘‘June 30, 2023’’ for ‘‘June 30, 2017’’. 2014—Subsec. (a)(1). Pub. L. 113–79, § 4030(m), made technical amendment to reference in original act which appears in text as reference to section 7515 of this title. Pub. L. 113–79, § 4027(a)(1), substituted ‘‘2014 through 2018’’ for ‘‘2008 through 2012’’. Subsec. (a)(2)(C). Pub. L. 113–79, § 4027(a)(2)(B)(i), sub- stituted ‘‘2018’’ for ‘‘2012’’. Subsec. (a)(2)(D), (E). Pub. L. 113–79, § 4027(a)(2)(A), (B)(ii), (C), added subpars. (D) and (E). Subsec. (a)(3). Pub. L. 113–79, § 4027(a)(3), added par. (3). 2008—Subsec. (a). Pub. L. 110–246, § 4201(a), reenacted subsec. heading without change, designated existing provisions as par. (1), inserted par. heading, substituted ‘‘for each of the fiscal years 2008 through 2012, the Sec- retary shall purchase a dollar amount described in paragraph (2)’’ for ‘‘for each of fiscal years 2002 through 2007, the Secretary shall purchase $140,000,000’’, and added par. (2). 2002—Subsec. (a). Pub. L. 107–171 substituted ‘‘2002 through 2007’’ for ‘‘1997 through 2002’’ and ‘‘$140,000,000’’ for ‘‘$100,000,000’’. Statutory Notes and Related Subsidiaries 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 this title. Amendment by section 4201(a) of Pub. L. 110–246 effec- tive Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Con- gress. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–171, title IV, § 4126(b), May 13, 2002, 116 Stat. 328, provided that: ‘‘The amendments made by this section amending this section] take effect on Octo- ber 1, 2001.’’ § 2036a. Nutrition education and obesity preven- tion grant program (a) Definition of eligible individual In this section, the term ‘‘eligible individual’’ means an individual who is eligible to receive benefits under a nutrition education and obesity prevention program under this section as a re- sult of being— (1) an individual eligible for benefits under— (A) this chapter; (B) sections 1758(b)(1)(A) and 1766(c)(4) of title 42; or (C) section 1773(e)(1)(A) of title 42; (2) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or (3) such other low-income individual as is de- termined to be eligible by the Secretary. (b) Programs Consistent with the terms and conditions of grants awarded under this section, State agen- cies may implement a nutrition education and obesity prevention program for eligible individ- uals that promotes healthy food choices and physical activity consistent with the most re- cent Dietary Guidelines for Americans published under section 5341 of this title. (c) Delivery of nutrition education and obesity prevention services (1) In general State agencies may deliver nutrition edu- cation and obesity prevention services under a program described in subsection (b)— (A) directly to eligible individuals; or (B) through agreements with other State or local agencies or community organiza- tions. (2) Nutrition education State plans (A) In general A State agency that elects to provide nu- trition education and obesity prevention services under this subsection shall submit to the Secretary for approval a nutrition education State plan. (B) Requirements A nutrition education State plan shall— (i) identify the uses of the funding for local projects; (ii) ensure that the interventions are ap- propriate for eligible individuals who are members of low-income populations by recognizing the constrained resources, and the potential eligibility for Federal food assistance programs, of members of those populations; (iii) describe how the State agency shall use an electronic reporting system to— (I) measure and evaluate the projects; and (II) account for the allowable State agency administrative costs including for— (aa) salaries and benefits of State agency personnel; (bb) office supplies and equipment; (cc) travel costs; (dd) development and production of nutrition education materials; (ee) memberships, subscriptions, and professional activities; (ff) lease or rental costs; (gg) maintenance and repair ex- penses; (hh) indirect costs; and (ii) cost of using publicly-owned building space; and (iv) conform to standards established by the Secretary through regulations, guid- ance, or grant award documents. (3) Use of funds (A) In general A State agency may use funds provided under this section for any evidence-based al- lowable use of funds identified by the Ad- ministrator of the Food and Nutrition Serv- ice of the Department of Agriculture in con- sultation with the Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services, including— (i) individual and group-based nutrition education, health promotion, and inter- vention strategies; Page 1392 TITLE 7—AGRICULTURE § 2036a (ii) comprehensive, multilevel interven- tions at multiple complementary organiza- tional and institutional levels; and (iii) community and public health ap- proaches to improve nutrition. (B) Consultation In identifying allowable uses of funds under subparagraph (A) and in seeking to strengthen delivery, oversight, and evalua- tion of nutrition education, the Adminis- trator of the Food and Nutrition Service shall consult with the Director of the Cen- ters for Disease Control and Prevention, the Director of the National Institute of Food and Agriculture, and outside stakeholders and experts, including— (i) representatives of the academic and research communities; (ii) nutrition education practitioners; (iii) representatives of State and local governments; and (iv) community organizations that serve low-income populations. (4) Notification To the maximum extent practicable, State agencies shall notify applicants, participants, and eligible individuals under this chapter of the availability of nutrition education and obesity prevention services under this section in local communities. (5) Coordination Subject to the approval of the Secretary, projects carried out with funds received under this section may be coordinated with the ex- panded food and nutrition education program or other health promotion or nutrition im- provement strategies, whether public or pri- vately funded, if the projects carried out with funds received under this section remain under the administrative control of the State agen- cy. (6) Information clearinghouse The Secretary shall establish an online clearinghouse that makes available to State agencies, local agencies, institutions of higher education, and community organizations best practices for planning, implementing, and evaluating nutrition education and obesity prevention services to ensure that projects carried out with funds received under this sec- tion are appropriate for the target population. (7) Technical assistance The Secretary shall provide technical assist- ance to a State agency in developing and im- plementing a nutrition education State plan, including— (A) by identifying common challenges faced by entities described in paragraph (6) that participate in projects carried out with funds received under this section; (B) by coordinating efforts to address those common challenges; (C) by collecting and disseminating infor- mation on evidence-based practices relating to nutrition education and obesity preven- tion; (D) by facilitating communication between and among grantees and subgrantees of funds received under this section; (E) by assisting State agencies in creating or maintaining systems to compile program data; and (F) by performing or assisting with other activities, as determined by the Secretary. (8) Annual State report Each State agency that delivers nutrition education and obesity prevention services under this subsection shall submit to the Sec- retary an annual report, which shall be made publicly available by the Secretary, that in- cludes— (A) the use of funds on the State agency’s program, including for each category of al- lowable State agency administrative costs identified in paragraph (2)(B)(iii)(II); (B) a description of each project carried out by that agency under this subsection, in- cluding, with respect to the project, the tar- get population, interventions, educational materials used, key performance indicators used, and evaluations made; (C) a comprehensive analysis of the im- pacts and outcomes— (i) of the project, including with respect to the elements described in subparagraph (A); and (ii) to the extent practicable, of com- pleted multiyear projects; and (D) the status of any ongoing multiyear project. (9) Annual Federal report The Administrator of the Food and Nutri- tion Service, in consultation with the Director of the National Institute of Food and Agri- culture, shall annually submit to the Com- mittee on Agriculture of the House of Rep- resentatives and the Committee on Agri- culture, Nutrition, and Forestry of the Senate a report that— (A) evaluates the level of coordination be- tween— (i) the nutrition education and obesity prevention grant program under this sec- tion; (ii) the expanded food and nutrition edu- cation program under section 3175 of this title; and (iii) any other nutrition education pro- gram administered by the Department of Agriculture; and (B) includes the use of funds on such pro- grams including State agency administra- tive costs reported by States under para- graph (8)(A). (d) Funding (1) In general Of funds made available each fiscal year under section 2027(a)(1) of this title, the Sec- retary shall reserve for allocation to State agencies to carry out the nutrition education and obesity prevention grant program under this section, to remain available for obligation for a period of 2 fiscal years— (A) for fiscal year 2011, $375,000,000; (B) for fiscal year 2012, $388,000,000; (C) for fiscal year 2013, $285,000,000; (D) for fiscal year 2014, $401,000,000; Page 1393 TITLE 7—AGRICULTURE § 2036a (E) for fiscal year 2015, $407,000,000; and (F) for fiscal year 2016 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to re- flect any increases for the 12-month period ending the preceding June 30 in the Con- sumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (2) Allocation (A) Initial allocation Of the funds set aside under paragraph (1), as determined by the Secretary— (i) for each of fiscal years 2011 through 2013, 100 percent shall be allocated to State agencies in direct proportion to the amount of funding that the State received for carrying out section 2020(f) of this title (as that section existed on the day before the December 13, 2010) during fiscal year 2009, as reported to the Secretary as of February 2010; and (ii) subject to a reallocation under sub- paragraph (B)— (I) for fiscal year 2014— (aa) 90 percent shall be allocated to State agencies in accordance with clause (i); and (bb) 10 percent shall be allocated to State agencies based on the respective share of each State of the number of individuals participating in the supple- mental nutrition assistance program during the 12-month period ending the preceding January 31; (II) for fiscal year 2015— (aa) 80 percent shall be allocated to State agencies in accordance with clause (i); and (bb) 20 percent shall be allocated in accordance with subclause (I)(bb); (III) for fiscal year 2016— (aa) 70 percent shall be allocated to State agencies in accordance with clause (i); and (bb) 30 percent shall be allocated in accordance with subclause (I)(bb); (IV) for fiscal year 2017— (aa) 60 percent shall be allocated to State agencies in accordance with clause (i); and (bb) 40 percent shall be allocated in accordance with subclause (I)(bb); and (V) for fiscal year 2018 and each fiscal year thereafter— (aa) 50 percent shall be allocated to State agencies in accordance with clause (i); and (bb) 50 percent shall be allocated in accordance with subclause (I)(bb). (B) Reallocation (i) In general If the Secretary determines that a State agency will not expend all of the funds al- located to the State agency for a fiscal year under paragraph (1) or in the case of a State agency that elects not to receive the entire amount of funds allocated to the State agency for a fiscal year, the Sec- retary shall reallocate the unexpended funds to other States during the fiscal year or the subsequent fiscal year (as de- termined by the Secretary) that have ap- proved State plans under which the State agencies may expend the reallocated funds. (ii) Effect of additional funds (I) Funds received Any reallocated funds received by a State agency under clause (i) for a fiscal year shall be considered to be part of the fiscal year 2009 base allocation of funds to the State agency for that fiscal year for purposes of determining allocation under subparagraph (A) for the subse- quent fiscal year. (II) Funds surrendered Any funds surrendered by a State agency under clause (i) shall not be con- sidered to be part of the fiscal year 2009 base allocation of funds to a State agen- cy for that fiscal year for purposes of de- termining allocation under subparagraph (A) for the subsequent fiscal year. (3) Limitation on Federal financial participa- tion (A) In general Grants awarded under this section shall be the only source of Federal financial partici- pation under this chapter in nutrition edu- cation and obesity prevention. (B) Exclusion Any costs of nutrition education and obe- sity prevention in excess of the grants au- thorized under this section shall not be eligi- ble for reimbursement under section 2025(a) of this title. (e) Implementation Not later than January 1, 2012, the Secretary shall publish in the Federal Register a descrip- tion of the requirements for the receipt of a grant under this section. (Pub. L. 88–525, § 28, as added Pub. L. 111–296, title II, § 241(a), Dec. 13, 2010, 124 Stat. 3232; amended Pub. L. 112–240, title VII, § 701(d)(2), Jan. 2, 2013, 126 Stat. 2363; Pub. L. 113–79, title IV, § 4028, Feb. 7, 2014, 128 Stat. 813; Pub. L. 115–334, title IV, § 4019, Dec. 20, 2018, 132 Stat. 4650.) Editorial Notes AMENDMENTS 2018—Subsec. (c)(2)(B). Pub. L. 115–334, § 4019(1)(A)(i), substituted ‘‘A’’ for ‘‘Except as provided in subpara- graph (C), a’’ in introductory provisions. Subsec. (c)(2)(B)(iii), (iv). Pub. L. 115–334, § 4019(1)(A)(ii)–(iv), added cl. (iii) and redesignated former cl. (iii) as (iv). Subsec. (c)(2)(C). Pub. L. 115–334, § 4019(1)(B), struck out subpar. (C). Text read as follows: ‘‘During each of fiscal years 2011 and 2012, a nutrition education State plan under this section shall be consistent with the re- quirements of section 2020(f) of this title (as that sec- tion, other than paragraph (3)(C), existed on the day be- fore December 13, 2010).’’ Page 1394 TITLE 7—AGRICULTURE § 2036b Subsec. (c)(3)(B). Pub. L. 115–334, § 4019(2), inserted ‘‘, the Director of the National Institute of Food and Agriculture,’’ before ‘‘and outside stakeholders’’ in in- troductory provisions. Subsec. (c)(5). Pub. L. 115–334, § 4019(3), inserted ‘‘the expanded food and nutrition education program or’’ be- fore ‘‘other health promotion’’. Subsec. (c)(6) to (9). Pub. L. 115–334, § 4019(4), added pars. (6) to (9). 2014—Subsec. (b). Pub. L. 113–79 inserted ‘‘and phys- ical activity’’ after ‘‘healthy food choices’’. Subsec. (d)(1)(B) to (F). Pub. L. 112–240 added subpars. (B) to (F) and struck out former subpar. (B) which read as follows: ‘‘for fiscal year 2012 and each subsequent fis- cal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers pub- lished by the Bureau of Labor Statistics of the Depart- ment of Labor.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title. EFFECTIVE DATE Section effective Oct. 1, 2010, except as otherwise spe- cifically provided, see section 445 of Pub. L. 111–296, set out as a Effective Date of 2010 Amendment note under section 1751 of Title 42, The Public Health and Welfare. § 2036b. Retail food store and recipient traf- ficking (a) Purpose The purpose of this section is to provide the Department of Agriculture with additional re- sources to prevent trafficking in violation of this chapter by strengthening recipient and re- tail food store program integrity. (b) Use of funds (1) In general Additional funds are provided under this sec- tion to supplement the retail food store and recipient integrity activities of the Depart- ment. (2) Information technologies The Secretary shall use an appropriate amount of the funds provided under this sec- tion to employ information technologies known as data mining and data warehousing and other available information technologies to administer the supplemental nutrition as- sistance program and enforce regulations pro- mulgated under section 2013(c) of this title. (c) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fis- cal years 2014 through 2023. (2) Mandatory funding (A) In general Out of any funds in the Treasury not oth- erwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section not less than $15,000,000 for fiscal year 2014, 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 section the funds transferred under subpara- graph (A), without further appropriation. (C) Maintenance of funding The funding provided under subparagraph (A) shall supplement (and not supplant) other Federal funding for programs carried out under this chapter. (Pub. L. 88–525, § 29, as added Pub. L. 113–79, title IV, § 4029, Feb. 7, 2014, 128 Stat. 813; amended Pub. L. 115–334, title IV, § 4020, Dec. 20, 2018, 132 Stat. 4652.) Editorial Notes AMENDMENTS 2018—Subsec. (c)(1). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. § 2036c. Annual State report on verification of SNAP participation (a) Annual report Not later than 1 year after the date specified by the Secretary during the 180-day period be- ginning on February 7, 2014, and annually there- after, each State agency that carries out the supplemental nutrition assistance program es- tablished under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) shall submit to the Secretary a report containing sufficient infor- mation for the Secretary to determine whether the State agency has, for the most recently con- cluded fiscal year preceding that annual date, verified that the State agency in that fiscal year— (1) did not issue benefits to a deceased indi- vidual; and (2) did not issue benefits to an individual who had been permanently disqualified from receiving benefits. (b) Penalty for noncompliance For any fiscal year for which a State agency fails to comply with subsection (a), the Sec- retary shall impose a penalty that includes a re- duction of up to 50 percent of the amount that would be otherwise payable to the State agency under section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)) with respect to that fiscal year. (c) Report of pilot program to test prevention of duplicate participation Not later than 90 days after the completion in multiple States of a temporary pilot program to test the detection and prevention of duplicate participation by beneficiaries of the supple- mental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agri- culture, Nutrition, and Forestry of the Senate a report assessing the feasibility, effectiveness, and cost for the expansion of the pilot program nationwide. (Pub. L. 113–79, title IV, § 4032, Feb. 7, 2014, 128 Stat. 817.)