Appendix 7 Legal Authority 7 CFR(d)(2) SNAP-Ed.docx OMB Control No.: 0584-0639
SEC. 28. ø7 U.S.C. 2036a¿ NUTRITION EDUCATION AND OBESITY PREVENTION
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 result of being—
(1) an individual eligible for benefits under—
(A) this Act;
(B) sections 9(b)(1)(A) and 17(c)(4) of the Richard B
Russell National School Lunch Act (42 U.S.C.
1758(b)(1)(A), 1766(c)(4)); or
(C) section 4(e)(1)(A) of the Child Nutrition Act of 1966
(42 U.S.C. 1773(e)(1)(A));
December 20, 2018
Sec. 28 168
Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
FOOD AND NUTRITION ACT OF 2008
(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 determined to be
eligible by the Secretary.
(b) PROGRAMS.—Consistent with the terms and conditions of
grants awarded under this section, State agencies may implement
a nutrition education and obesity prevention program for eligible
individuals that promotes healthy food choices and physical activity
consistent with the most recent Dietary Guidelines for Americans
published under section 301 of the National Nutrition Monitoring
and Related Research Act of 1990 (7 U.S.C. 5341).
(c) DELIVERY OF NUTRITION EDUCATION AND OBESITY PREVENTION
SERVICES.—
(1) IN GENERAL.—State agencies may deliver nutrition education
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 organizations.
(2) NUTRITION EDUCATION STATE PLANS.—
(A) IN GENERAL.—A State agency that elects to provide
nutrition 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 appropriate
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 expenses;
(hh) indirect costs; and
(ii) cost of using publicly-owned building
space; and
December 20, 2018
169 Sec. 28
Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
FOOD AND NUTRITION ACT OF 2008
(iv) conform to standards established by the Secretary
through regulations, guidance, 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 allowable
use of funds identified by the Administrator of the Food
and Nutrition Service of the Department of Agriculture in
consultation 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 intervention strategies;
(ii) comprehensive, multilevel interventions at
multiple complementary organizational and institutional
levels; and
(iii) community and public health approaches to
improve nutrition.
(B) CONSULTATION.—In identifying allowable uses of
funds under subparagraph (A) and in seeking to strengthen
delivery, oversight, and evaluation of nutrition education,
the Administrator of the Food and Nutrition Service
shall consult with the Director of the Centers 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 Act 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 expanded food and nutrition
education program or other health promotion or nutrition improvement
strategies, whether public or privately funded, if
the projects carried out with funds received under this section
remain under the administrative control of the State agency.
(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 section are appropriate for the target population.
December 20, 2018
Sec. 28 170
Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
FOOD AND NUTRITION ACT OF 2008
(7) TECHNICAL ASSISTANCE.—The Secretary shall provide
technical assistance to a State agency in developing and implementing
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 information on evidence-
based practices relating to nutrition education and
obesity prevention;
(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 Secretary an annual report,
which shall be made publicly available by the Secretary, that
includes—
(A) the use of funds on the State agency’s program, including
for each category of allowable 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, including, with respect to
the project, the target population, interventions, educational
materials used, key performance indicators used,
and evaluations made;
(C) a comprehensive analysis of the impacts and outcomes—
(i) of the project, including with respect to the elements
described in subparagraph (A); and
(ii) to the extent practicable, of completed
multiyear projects; and
(D) the status of any ongoing multiyear project.
(9) ANNUAL FEDERAL REPORT.—The Administrator of the
Food and Nutrition Service, in consultation with the Director
of the National Institute of Food and Agriculture, shall annually
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that—
(A) evaluates the level of coordination between—
(i) the nutrition education and obesity prevention
grant program under this section;
(ii) the expanded food and nutrition education program
under section 1425 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3175); and
(iii) any other nutrition education program administered
by the Department of Agriculture; and
December 20, 2018
171 Sec. 28
Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
FOOD AND NUTRITION ACT OF 2008
(B) includes the use of funds on such programs including
State agency administrative costs reported by States
under paragraph (8)(A).
(d) FUNDING.—
(1) IN GENERAL.—Of funds made available each fiscal year
under section 18(a)(1), the Secretary 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;
(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 reflect any increases for the 12-month
period ending the preceding June 30 in the Consumer
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 11(f) (as that section existed
on the day before the date of enactment of this
section) during fiscal year 2009, as reported to the
Secretary as of February 2010; and
(ii) subject to a reallocation under subparagraph
(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 supplemental 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
December 20, 2018
Sec. 29 172
Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
FOOD AND NUTRITION ACT OF 2008
(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 allocated
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 Secretary shall
reallocate the unexpended funds to other States during
the fiscal year or the subsequent fiscal year (as determined
by the Secretary) that have approved 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
subsequent fiscal year.
(II) FUNDS SURRENDERED.—Any funds surrendered
by a State agency under clause (i) shall not
be considered to be part of the fiscal year 2009
base allocation of funds to a State agency for that
fiscal year for purposes of determining allocation
under subparagraph (A) for the subsequent fiscal
year.
(3) LIMITATION ON FEDERAL FINANCIAL PARTICIPATION.—
(A) IN GENERAL.—Grants awarded under this section
shall be the only source of Federal financial participation
under this Act in nutrition education and obesity prevention.
(B) EXCLUSION.—Any costs of nutrition education and
obesity prevention in excess of the grants authorized under
this section shall not be eligible for reimbursement under
section 16(a).
(e) IMPLEMENTATION.—Not later than January 1, 2012, the
Secretary shall publish in the Federal Register a description of the
requirements for the receipt of a grant under this section.
SEC. 29. ø7 U.S.C. 2036b¿ RETAIL FOOD STORE AND RECIPIENT TRAFFICKING.
(a) PURPOSE.—The purpose of this section is to provide the Department
of Agriculture with additional resources to prevent trafficking
in violation of this Act by strengthening recipient and retail
food store program integrity.
(b) USE OF FUNDS.—
December 20, 2018
173 Sec. 30
Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
FOOD AND NUTRITION ACT OF 2008
(1) IN GENERAL.—Additional funds are provided under this
section to supplement the retail food store and recipient integrity
activities of the Department.
(2) INFORMATION TECHNOLOGIES.—The Secretary shall use
an appropriate amount of the funds provided under this section
to employ information technologies known as data mining and
data warehousing and other available information technologies
to administer the supplemental nutrition assistance program
and enforce regulations promulgated under section 4(c).
(c) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2014 through 2023.
(2) MANDATORY FUNDING.—
(A) IN GENERAL.—Out of any funds in the Treasury
not otherwise 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 subparagraph (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 Act.
ts approved
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Kalro, Usha - FNS |
| File Modified | 0000-00-00 |
| File Created | 2021-07-01 |