42 U.S.C. § 1769e — State childhood hunger challenge grants

Page 4995 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769e 1 See References in Text note below. (C) Use of funds (i) In general Funds made available under subpara- graph (A) may be used to carry out this subsection, including to pay Federal costs associated with developing, soliciting, awarding, monitoring, evaluating, and dis- seminating the results of each demonstra- tion project under this subsection. (ii) Indian reservations Of amounts made available under sub- paragraph (A), the Secretary shall use a portion of the amounts to carry out re- search relating to hunger, obesity and type 2 diabetes on Indian reservations, includ- ing research to determine the manner in which Federal nutrition programs can help to overcome those problems. (iii) Report Not later than 1 year after December 13, 2010, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Ag- riculture, Nutrition, and Forestry of the Senate a report that— (I) describes the manner in which Fed- eral nutrition programs can help to over- come child hunger nutrition problems on Indian reservations; and (II) contains proposed administrative and legislative recommendations to strengthen and streamline all relevant Department of Agriculture nutrition programs to reduce childhood hunger, obesity, and type 2 diabetes on Indian reservations. (D) Limitations (i) Duration No project may be funded under this sub- section for more than 5 years. (ii) Project requirements No project that makes use of, alters, or coordinates with the supplemental nutri- tion assistance program may be funded under this subsection unless the project is fully consistent with the project require- ments described in section 17(b)(1)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)). (iii) Hunger-free communities No project may be funded under this sub- section that receives funding under section 7517 of title 7.1 (iv) Other benefits Funds made available under this sub- 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, § 23, as added Pub. L. 111–296, title I, § 141, Dec. 13, 2010, 124 Stat. 3206.) Editorial Notes REFERENCES IN TEXT Section 7517 of title 7, referred to in subsec. (b)(7)(D)(iii), was amended generally by Pub. L. 113–79, title IV, § 4208, Feb. 7, 2014, 128 Stat. 826, and now re- lates to the Gus Schumacher nutrition incentive pro- gram. The Food and Nutrition Act of 2008, referred to in subsec. (b)(1)(B), (7)(D)(iv)(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 subsec. (b)(3)(B), (7)(D)(iv)(II), 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 Emergency Food Assistance Act of 1983, referred to in subsec. (b)(7)(D)(iv)(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 1769d, act June 4, 1946, ch. 281, § 23, as added Nov. 10, 1989, Pub. L. 101–147, title I, § 111, 103 Stat. 890, directed Secretary to provide each appro- priate State agency with information on income eligi- bility for free or reduced price meals under each pro- gram established under this chapter and the Child Nu- trition Act of 1966, prior to repeal by Pub. L. 104–193, title VII, § 711, 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. § 1769e. State childhood hunger challenge grants (a) Definitions In this section: (1) Child The term ‘‘child’’ means a person under the age of 18. (2) Supplemental nutrition assistance program The term ‘‘supplemental nutrition assist- ance program’’ means the supplemental nutri- tion assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). (b) Purpose Under such terms and conditions as are estab- lished by the Secretary, funds made available under this section may be used to competitively Page 4996 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769e award grants to or enter into cooperative agree- ments with Governors to carry out comprehen- sive and innovative strategies to end childhood hunger, including alternative models for service delivery and benefit levels that promote the re- duction or elimination of childhood hunger by 2015. (c) Projects State demonstration projects carried out under this section may include projects that— (1) enhance benefits provided under the sup- plemental nutrition assistance program for el- igible households with children; (2) enhance benefits or provide for innova- tive program delivery models in the school meals, afterschool snack, and child and adult care food programs under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); (3) target Federal, State, or local assistance, including emergency housing, family preserva- tion services, child care, or temporary assist- ance at households with children who are ex- periencing hunger or food insecurity, to the extent permitted by the legal authority estab- lishing those assistance programs and serv- ices; (4) enhance outreach to increase access and participation in Federal nutrition assistance programs; and (5) improve the coordination of Federal, State, and community resources and services aimed at preventing food insecurity and hun- ger, including through the establishment and expansion of State food policy councils. (d) Grants (1) In general In carrying out this section, the Secretary may competitively award grants or enter into competitively awarded cooperative agree- ments with Governors for use in accordance with demonstration projects that meet the purposes of this section. (2) Application To be eligible to receive a grant or coopera- tive agreement under this section, a Governor shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may re- quire. (3) Selection criteria The Secretary shall evaluate proposals based on publicly disseminated criteria that may in- clude— (A) an identification of a low-income tar- get group that reflects individuals experi- encing hunger or food insecurity; (B) a commitment to approaches that allow for a rigorous outcome evaluation as described in subsection (f); (C) a comprehensive and innovative strat- egy to reduce the risk of childhood hunger or provide a significant improvement to the food security status of households with chil- dren; and (D) such other criteria as are determined by the Secretary. (4) Requirements Any project funded under this section shall provide for— (A) a baseline assessment, and subsequent annual assessments, of the prevalence and severity of very low food security among children in the State, based on a method- ology prescribed by the Secretary; (B) a collaborative planning process in- cluding key stakeholders in the State that results in a comprehensive agenda to elimi- nate childhood hunger that is— (i) described in a detailed project plan; and (ii) provided to the Secretary for ap- proval; (C) an annual budget; (D) specific performance goals, including the goal to sharply reduce or eliminate food insecurity among children in the State by 2015, as determined through a methodology prescribed by the Secretary and carried out by the Governor; and (E) an independent outcome evaluation of not less than 1 major strategy of the project that measures— (i) the specific impact of the strategy on food insecurity among children in the State; and (ii) if applicable, the nutrition assistance participation rate among children in the State. (e) Consultation In determining the range of projects and defin- ing selection criteria under this section, the Secretary shall consult with— (1) the Secretary of Health and Human Serv- ices; (2) the Secretary of Labor; (3) the Secretary of Education; and (4) the Secretary of Housing and Urban De- velopment. (f) Evaluation and reporting (1) General performance assessment Each project authorized under this section shall require an independent assessment that— (A) measures the impact of any activities carried out under the project on the level of food insecurity in the State that— (i) focuses particularly on the level of food insecurity among children in the State; and (ii) includes a preimplementation base- line and annual measurements taken dur- ing the project of the level of food insecu- rity in the State; and (B) is carried out using a methodology pre- scribed by the Secretary. (2) Independent evaluation Each project authorized under this section shall provide for an independent evaluation of not less than 1 major strategy that— (A) measures the impact of the strategy on appropriate participation, food security, nu- trition, and associated behavioral outcomes among participating households; and (B) uses rigorous experimental designs and methodologies, particularly random assign- ment or other methods that are capable of producing scientifically valid information 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—