42 U.S.C. § 1769d — Childhood hunger research

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.). Page 4994 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769d (2) Purpose Under such terms and conditions as are es- tablished by the Secretary, the Secretary shall carry out demonstration projects that test innovative strategies to end childhood hunger, including alternative models for serv- ice delivery and benefit levels that promote the reduction or elimination of childhood hun- ger and food insecurity. (3) Projects Demonstration projects carried out under this subsection may include projects that— (A) enhance benefits provided under the supplemental nutrition assistance program for eligible households with children; (B) 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.); and (C) target Federal, State, or local assist- ance, including emergency housing or family preservation services, at households with children who are experiencing hunger or food insecurity, to the extent permitted by the legal authority establishing those assist- ance programs and services. (4) Grants (A) Demonstration projects (i) In general In carrying out this subsection, the Sec- retary may enter into competitively awarded contracts or cooperative agree- ments with, or provide grants to, public or private organizations or agencies (as de- termined by the Secretary), for use in ac- cordance with demonstration projects that meet the purposes of this subsection. (ii) Requirement At least 1 demonstration project funded under this subsection shall be carried out on an Indian reservation in a rural area with a service population with a preva- lence of diabetes that exceeds 15 percent, as determined by the Director of the In- dian Health Service. (B) Application To be eligible to receive a contract, coop- erative agreement, or grant under this sub- section, an organization or agency shall sub- mit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (C) Selection criteria Demonstration projects shall be selected based on publicly disseminated criteria that may include— (i) an identification of a low-income tar- get group that reflects individuals experi- encing hunger or food insecurity; (ii) a commitment to a demonstration project that allows for a rigorous outcome evaluation as described in paragraph (6); (iii) a focus on innovative strategies to reduce the risk of childhood hunger or pro- vide a significant improvement to the food security status of households with chil- dren; and (iv) such other criteria as are determined by the Secretary. (5) Consultation In determining the range of projects and de- fining selection criteria under this subsection, the Secretary shall consult with— (A) the Secretary of Health and Human Services; (B) the Secretary of Labor; and (C) the Secretary of Housing and Urban Development. (6) Evaluation and reporting (A) Independent evaluation The Secretary shall provide for an inde- pendent evaluation of each demonstration project carried out under this subsection that— (i) measures the impact of each dem- onstration project on appropriate partici- pation, food security, nutrition, and asso- ciated behavioral outcomes among partici- pating households; and (ii) uses rigorous experimental designs and methodologies, particularly random assignment or other methods that are ca- pable of producing scientifically valid in- formation regarding which activities are effective in reducing the prevalence or pre- venting the incidence of food insecurity and hunger in the community, especially among children. (B) Reporting Not later than December 31, 2013 and each December 31 thereafter until the date on which the last evaluation under subpara- graph (A) is completed, the Secretary shall— (i) 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 demonstration project; and (II) the results of any evaluations of the demonstration projects completed during the previous fiscal year; and (ii) ensure that the evaluation results are shared broadly to inform policy mak- ers, service providers, other partners, and the public in order to promote the wide use of successful strategies. (7) 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 $40,000,000, to remain available until Sep- tember 30, 2017. (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. 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