National Hunger Clearinghouse Legislation NSLA amended Dec 2022_1.pdf

1 This table of contents is not part of the Act but is included for user convenience. The numbers in brackets refer to section numbers in title 42, United States Code.

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

[Chapter 281 of the 79th Congress, Approved June 4, 1946, 60 Stat.

230]

[As Amended Through P.L. 117–328, Enacted December 29, 2022] øCurrency: This publication is a compilation of the text of Chapter 281 of the 79th Congress. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/¿ øNote: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents.

The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿

TABLE OF CONTENTS 1

Sec. 1. ø1751 note¿ Short title.

Sec. 2. ø1751¿ Declaration of policy.

Sec. 3. ø1752¿ Appropriations authorized.

Sec. 4. ø1753¿ Apportionments to States.

Sec. 5. ø1754¿ Nutrition promotion.

Sec. 6. ø1755¿ Direct Federal expenditures.

Sec. 7. ø1756¿ Payments to States.

Sec. 8. ø1757¿ State disbursement to schools.

Sec. 9. ø1758¿ Nutritional and other program requirements.

Sec. 9A. ø1758b¿ Local school wellness policy.

Sec. 10. ø1759¿ Disbursement to schools by the Secretary.

Sec. 11. ø1759a¿ Special assistance.

Sec. 12. ø1760¿ Miscellaneous provisions and definitions.

Sec. 13. ø1761¿ Summer food service program for children.

Sec. 14. ø1762a¿ Commodity distribution program.

Sec. 16. ø1765¿ Election to receive cash payments.

Sec. 17. ø1766¿ Child and adult care food program.

Sec. 17A. ø1766a¿ Meal supplements for children in afterschool care.

Sec. 18. ø1769¿ Pilot projects.

Sec. 19. ø1769a¿ Fresh fruit and vegetable program.

Sec. 20. ø1769b¿ Department of Defense overseas dependents’ schools.

Sec. 21. ø1769b–1¿ Training, technical assistance, and food service management in-stitute.

Sec. 22. ø1769c¿ Compliance and accountability.

Sec. 23. ø1769d¿ Childhood hunger research.

Sec. 24. ø1769e¿ State childhood hunger challenge grants.

Sec. 25. ø1769f¿ Duties of the Secretary relating to nonprocurement debarment.

Sec. 26. ø1769g¿ Information clearinghouse.

Sec. 28. ø1769i¿ Program evaluation.

Sec. 29. ø1769j¿ Ensuring safety of school meals.

VerDate Nov 24 2008 19:17 Feb 28, 2023 Jkt 000000 PO 00000 Frm 00001 Fmt 9001 Sfmt 6611 G:\COMP\FNS\RBRNSLA.BEL HOLC

February 28, 2023

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML

As Amended Through P.L. 117-328, Enacted December 29, 2022

Joseph.Clift Highlight

138 Sec. 26 RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

(7) REGULATIONS.—The Secretary shall issue such regula-tions as are necessary to carry out this subsection.

(e) MANDATORY DEBARMENT.—Notwithstanding any other pro-vision of this section, the Secretary shall initiate nonprocurement debarment proceedings against the contractor (including any coop-erative) who has committed the cause for debarment (as deter-mined under subsection (d)(2)), unless the action—

(1) is likely to have a significant adverse effect on competi-tion or prices in the relevant market or nationally;

(2) will interfere with the ability of a local agency to pro-cure a needed product for a child nutrition program;

(3) is unfair to a person, subsidiary corporation, affiliate, parent company, or local division of a corporation that is not involved in the improper activity that would otherwise result in the debarment;

(4) is likely to have significant adverse economic impacts on the local economy in a manner that is unfair to innocent parties;

(5) is not justified in light of the penalties already imposed on the contractor for violations relevant to the proposed debar-ment, including any suspension or debarment arising out of the same matter that is imposed by any Federal or State agen-cy; 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 seek-ing 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 Sec-retary.

(g) INFORMATION RELATING TO PREVENTION AND CONTROL OF

ANTICOMPETITIVE ACTIVITIES.—On request, the Secretary shall present to the Committee on Education and Labor, and the Com-mittee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate information regarding the activities of the Secretary relating to anticompetitive activities, fraud, nonprocurement debarment, and any waiver granted by the Secretary under this section.

SEC. 26. ø42 U.S.C. 1769g¿ INFORMATION CLEARINGHOUSE.

(a) IN GENERAL.—The Secretary shall enter into a contract with a nongovernmental organization described in subsection (b) to establish and maintain a clearinghouse to provide information to nongovernmental groups located throughout the United States that assist low-income individuals or communities regarding food assist-ance, self-help activities to aid individuals in becoming self-reliant, and other activities that empower low-income individuals or com-munities to improve the lives of low-income individuals and reduce reliance on Federal, State, or local governmental agencies for food or other assistance.

VerDate Nov 24 2008 19:17 Feb 28, 2023 Jkt 000000 PO 00000 Frm 00138 Fmt 9001 Sfmt 9001 G:\COMP\FNS\RBRNSLA.BEL HOLC

139 Sec. 28 RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

24 Sec. 27 repealed by sec. 441(a)(14) of P.L. 111–296, 124 Stat. 3264, Dec. 13, 2010.

(b) NONGOVERNMENTAL ORGANIZATION.—The nongovernmental organization referred to in subsection (a) shall be selected on a competitive basis and shall—

(1) be experienced in the gathering of first-hand informa-tion in all the States through onsite visits to grassroots organi-zations in each State that fight hunger and poverty or that as-sist individuals in becoming self-reliant;

(2) be experienced in the establishment of a clearinghouse similar to the clearinghouse described in subsection (a);

(3) agree to contribute in-kind resources towards the estab-lishment and maintenance of the clearinghouse and agree to provide clearinghouse information, free of charge, to the Sec-retary, States, counties, cities, antihunger groups, and grass-roots organizations that assist individuals in becoming self-suf-ficient 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 nutrition pro-grams;

(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 clearinghouse infor-mation through computer or telecommunications technology, as well as through the mails; and

(6) be able to provide examples, advice, and guidance to States, counties, cities, communities, antihunger groups, and local organizations regarding means of assisting individuals and communities to reduce reliance on government programs, reduce hunger, improve nutrition, and otherwise assist low-in-come individuals and communities become more self-sufficient.

(c) AUDITS.—The Secretary shall establish fair and reasonable auditing procedures regarding the expenditures 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 organization selected under this section, to establish and maintain the information clearinghouse, $200,000 for each of fiscal years 1995 and 1996, $150,000 for fiscal year 1997, $100,000 for fiscal year 1998, $166,000 for each of fiscal years 1999 through 2004, and $250,000 for each of fiscal years 2010 through 2024. The Secretary shall be entitled to receive the funds and shall accept the funds, without further appropriation.

øSEC. 27. 24 ø42 U.S.C. 1769h¿ ACCOMMODATION OF THE SPECIAL DIE-

TARY NEEDS OF INDIVIDUALS WITH DISABILITIES.¿

SEC. 28. ø42 U.S.C. 1769i¿ PROGRAM EVALUATION.

(a) PERFORMANCE ASSESSMENTS.—

(1) IN GENERAL.—Subject to the availability of funds made available under paragraph (3), the Secretary, acting through

VerDate Nov 24 2008 19:17 Feb 28, 2023 Jkt 000000 PO 00000 Frm 00139 Fmt 9001 Sfmt 9001 G:\COMP\FNS\RBRNSLA.BEL HOLC