USCODE-2015-title42-chap13-sec1769g.pdf

Page 4290 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769g 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) of this section.

(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) of this section), unless the action—

(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.)

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;’’.

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 Twelfth Congress, Jan.

5, 2011.

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) of this section to establish and maintain a clearinghouse to provide information to nongovernmental groups located throughout the United States that assist low-income indi-viduals or communities regarding food assist-ance, self-help activities to aid individuals in be-coming self-reliant, and other activities that empower low-income individuals or commu-nities to improve the lives of low-income indi-viduals and reduce reliance on Federal, State, or local governmental agencies for food or other assistance.

Page 4291 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1769i

(b) Nongovernmental organization

The nongovernmental organization referred to in subsection (a) of this section shall be selected on a competitive basis and shall—

(1) be experienced in the gathering of first-hand information in all the States through on-site visits to grassroots organizations in each State that fight hunger and poverty or that assist individuals in becoming self-reliant;

(2) be experienced in the establishment of a clearinghouse similar to the clearinghouse de-scribed in subsection (a) of this section;

(3) agree to contribute in-kind resources to-wards the establishment and maintenance of the clearinghouse and agree to provide clear-inghouse information, free of charge, to the Secretary, States, counties, cities, antihunger groups, and grassroots organizations that as-sist individuals in becoming self-sufficient and self-reliant;

(4) be sponsored by an organization, or be an organization, that—

(A) has helped combat hunger for at least 10 years;

(B) is committed to reinvesting in the United States; and

(C) is knowledgeable regarding Federal nu-trition programs;

(5) be experienced in communicating the purpose of the clearinghouse through the media, including the radio and print media, and be able to provide access to the clearing-house information through computer or tele-communications technology, as well as through the mails; and

(6) be able to provide examples, advice, and guidance to States, counties, cities, commu-nities, antihunger groups, and local organiza-tions regarding means of assisting individuals and communities to reduce reliance on govern-ment programs, reduce hunger, improve nutri-tion, and otherwise assist low-income individ-uals and communities become more self-suffi-cient.

(c) Audits

The Secretary shall establish fair and reason-able auditing procedures regarding the expendi-tures of funds to carry out this section.

(d) Funding

Out of any moneys in the Treasury not other-wise appropriated, the Secretary of the Treasury shall pay to the Secretary to provide to the or-ganization selected under this section, to estab-lish and maintain the information clearing-house, $200,000 for each of fiscal years 1995 and 1996, $150,000 for fiscal year 1997, $100,000 for fis-cal year 1998, $166,000 for each of fiscal years 1999 through 2004, and $250,000 for each of fiscal years 2010 through 2016. The Secretary shall be enti-tled to receive the funds and shall accept the funds, without further appropriation.

(June 4, 1946, ch. 281, § 26, as added Pub. L.

103–448, title I, § 123, Nov. 2, 1994, 108 Stat. 4731;

amended Pub. L. 105–336, title I, §§ 103(c)(2), 112, Oct. 31, 1998, 112 Stat. 3147, 3157; Pub. L. 108–265, title I, § 128, June 30, 2004, 118 Stat. 767; Pub. L.

111–80, title VII, § 749(f), Oct. 21, 2009, 123 Stat.

2132; Pub. L. 111–296, title IV, § 409, Dec. 13, 2010, 124 Stat. 3260; Pub. L. 114–113, div. A, title IV, Dec. 18, 2015, 129 Stat. 2266.)

AMENDMENTS

2015—Subsec. (d). Pub. L. 114–113 substituted ‘‘2010 through 2016’’ for ‘‘2010 through 2015’’ in first sentence.

2010—Subsec. (d). Pub. L. 111–296 substituted ‘‘2010 through 2015’’ for ‘‘2005 through 2010’’ in first sentence.

2009—Subsec. (d). Pub. L. 111–80 substituted ‘‘2010’’ for ‘‘2009’’.

2004—Subsec. (d). Pub. L. 108–265, in first sentence, substituted ‘‘1998,’’ for ‘‘1998, and’’ and ‘‘through 2004, and $250,000 for each of fiscal years 2005 through 2009’’ for ‘‘through 2003’’.

1998—Subsec. (d). Pub. L. 105–336 substituted ‘‘$100,000 for fiscal year 1998, and $166,000 for each of fiscal years 1999 through 2003’’ for ‘‘and $100,000 for fiscal year 1998’’ in first sentence and inserted ‘‘, without further appro-priation’’ before period at end of second sentence.

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 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

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.

§ 1769h. Repealed. Pub. L. 111–296, title IV, § 441(a)(14), Dec. 13, 2010, 124 Stat. 3264

Section, act June 4, 1946, ch. 281, § 27, as added Pub.

L. 103–448, title I, § 124, Nov. 2, 1994, 108 Stat. 4732;

amended Pub. L. 105–220, title IV, § 414(d), Aug. 7, 1998, 112 Stat. 1242; Pub. L. 105–336, title I, § 113, Oct. 31, 1998, 112 Stat. 3157, related to accommodation of the special dietary needs of individuals with disabilities.

EFFECTIVE DATE OF REPEAL

Repeal 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.

§ 1769i. Program evaluation

(a) Performance assessments

(1) In general

Subject to the availability of funds made available under paragraph (3), the Secretary, acting through the Administrator of the Food and Nutrition Service, may conduct annual national performance assessments of the meal programs under this chapter and the Child Nu-trition Act of 1966 (42 U.S.C. 1771 et seq.).

(2) Components

In conducting an assessment, the Secretary may assess—

(A) the cost of producing meals and meal supplements under the programs described in paragraph (1); and

(B) the nutrient profile of meals, and status of menu planning practices, under the programs.

(3) Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $5,000,000 for fiscal year 2004 and each subsequent fiscal year.