7 U.S.C. § 7517
Section 7517 · Hunger-free communities
Current version, with additions and removals from the June 18, 2008 version.
In this section:
In this section:
(1) Eligible entity
(1) Eligible entity
The term “eligible entity” means a public food program service provider or nonprofit organization, including an emergency feeding organization, that has collaborated, or will collaborate, with 1 or more local partner organizations to achieve at least 1 hunger-free communities goal.
The term "eligible entity" means a governmental agency or nonprofit organization.
(2) Emergency feeding organization
(2) Emergency feeding organization
The term “emergency feeding organization” has the meaning given the term in section 7501 of this title.
The term "emergency feeding organization" has the meaning given the term in section 7501 of this title.
(3) Hunger-free communities goal
The term “hunger-free communities goal” means any of the 14 goals described in the H. Con. Res. 302 (102nd Congress).
(3) Supplemental nutrition assistance program
The term "supplemental nutrition assistance program" means—
(A) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); and
(B) the programs for nutrition assistance under section 19 of such Act (7 U.S.C. 2028).
(4) Healthcare partner
The term "healthcare partner" means a healthcare provider, including—
(A) a hospital;
(B) a Federally-qualified health center (as defined in section 1905(l) of the Social Security Act (42 U.S.C. 1396d(l)));
(C) a hospital or clinic operated by the Secretary of Veterans Affairs; or
(D) a healthcare provider group.
(5) Member
The term "member" means, as determined by the applicable eligible entity or healthcare partner carrying out a project under subsection (c) in accordance with procedures established by the Secretary—
(A) an individual eligible for—
(i) benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
(ii) medical assistance under a State plan or a waiver of such a plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and enrolled under such plan or waiver; and
(B) a member of a low-income household that suffers from, or is at risk of developing, a diet-related health condition.
(A) In general
(A) In general
(B) Partners and collaborators
An eligible entity that receives a grant under this subsection may partner with, or make subgrants to, public, private, nonprofit, or for-profit entities, including—
(i) an emergency feeding organization;
(ii) an agricultural cooperative;
(iii) a producer network or association;
(iv) a community health organization;
(v) a public benefit corporation;
(vi) an economic development corporation;
(vii) a farmers' market;
(viii) a community-supported agriculture program;
(ix) a buying club;
(x) a retail food store participating in the supplemental nutrition assistance program;
(xi) a State, local, or tribal agency;
(xii) another eligible entity that receives a grant under this subsection; and
(xiii) any other entity the Secretary designates.
(i) Calculation
The non-Federal share of the cost of an activity under this subsection may be provided in cash or fairly evaluated in-kind contributions, including facilities, equipment, or services.
(ii) Sources
Any entity may provide the non-Federal share of the cost of an activity under this subsection through a State government, a local government, or a private source.
(2) Use of funds
An eligible entity in a community shall use a grant received under this subsection for any fiscal year for hunger relief activities, including—
(A) meeting the immediate needs of people who experience hunger in the community served by the eligible entity by—
(i) distributing food;
(ii) providing community outreach to assist in participation in federally assisted nutrition programs, including—
(I) the school breakfast program established by section 1773 of title 42;
(II) the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(III) the summer food service program for children established under section 13 of that Act [42 U.S.C. 1761]; and
(IV) other Federal programs that provide food for children in child care facilities and homeless and older individuals; or
(iii) improving access to food as part of a comprehensive service; and
(B) developing new resources and strategies to help reduce hunger in the community and prevent hunger in the future by—
(i) developing creative food resources, such as community gardens, buying clubs, food cooperatives, community-owned and operated grocery stores, and farmers’ markets;
(ii) coordinating food services with park and recreation programs and other community-based outlets to reduce barriers to access; or
(iii) creating nutrition education programs for at-risk populations to enhance food-purchasing and food-preparation skills and to heighten awareness of the connection between diet and health.
(1) Program authorized
The Secretary shall use not more than 50 percent of any funds made available for a fiscal year under subsection (e) to make grants to eligible entities to pay the Federal share of the costs of an activity described in paragraph (2).
(B) Federal share
(I) in cash or in-kind contributions as determined by the Secretary, including facilities, equipment, or services; and
(II) by a State or local government or a private source.
(ii) Limitation
In the case of a for-profit entity, the non-Federal share described in clause (i) shall not include services of an employee, including salaries paid or expenses covered by the employer.
(iii) Tribal agencies
The Secretary may allow a Tribal agency to use funds provided to the Indian Tribe of the Tribal agency through a Federal agency (including the Indian Health Service) or other Federal benefit to satisfy all or part of the non-Federal share described in clause (i) if such use is otherwise consistent with the purpose of such funds.
(A) In general
(A) In general
(B) Contents
Each application submitted under subparagraph (A) shall—
(i) identify any activity described in paragraph (3) that the grant will be used to fund; and
(ii) describe the means by which an activity identified under clause (i) will reduce hunger in the community of the eligible entity.
(i) meet the application criteria set forth by the Secretary; and
(ii) propose a project that, at a minimum—
(I) has the support of the State agency administering the supplemental nutrition assistance program;
(II) would increase the purchase of fruits and vegetables by low-income households participating in the supplemental nutrition assistance program by providing an incentive for the purchase of fruits and vegetables at the point of purchase to a household purchasing food with supplemental nutrition assistance program benefits;
(III) except in the case of projects receiving $100,000 or less over 1 year, would measure the purchase of fruits and vegetables by low-income households participating in the supplemental nutrition assistance program;
(IV) ensures that the same terms and conditions apply to purchases made by individuals with benefits issued under the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.] and incentives provided for in this subsection as apply to purchases made by individuals who are not members of households receiving benefits, such as provided for in section 278.2(b) of title 7, Code of Federal Regulations (or a successor regulation);
(V) has adequate plans to collect data for reporting and agrees to provide that information for the report described in subsection (e)(2)(B)(iii); and
(VI) would share information with the Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers established under subsection (e).
(i) The eligible entity serves a community in which the rates of food insecurity, hunger, poverty, or unemployment are demonstrably higher than national average rates.
(ii) The eligible entity serves a community that has successfully carried out long-term efforts to reduce hunger in the community.
(iii) The eligible entity serves a community that provides public support for the efforts of the eligible entity.
(iv) The eligible entity is committed to achieving more than 1 hunger-free communities goal.
(3) Use of funds
An eligible entity shall use a grant received under this subsection to construct, expand, or repair a facility or equipment to support hunger relief efforts in the community.
(i) maximize the share of funds used for direct incentives to participants;
(ii) use direct-to-consumer sales marketing;
(iii) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers;
(iv) provide locally or regionally produced fruits and vegetables;
(v) include a project design—
(I) that provides incentives when fruits or vegetables are purchased using supplemental nutrition assistance program benefits; and
(II) in which the incentives earned may be used only to purchase fruits or vegetables;
(vi) have demonstrated the ability to provide services to underserved communities;
(vii) include coordination with multiple stakeholders, such as farm organizations, nutrition education programs, cooperative extension services, public health departments, health providers, private and public health insurance agencies, cooperative grocers, grocery associations, and community-based and nongovernmental organizations;
(viii) offer supplemental services in high-need communities, including online ordering, transportation between home and store, and delivery services;
(ix) include food retailers that are open—
(I) for extended hours; and
(II) most or all days of the year; or
(x) address other criteria as established by the Secretary.
(1) In general
The Secretary shall establish a grant program under which the Secretary shall award grants to eligible entities to conduct projects that demonstrate and evaluate the impact of the projects on—
(A) the improvement of dietary health through increased consumption of fruits and vegetables;
(B) the reduction of individual and household food insecurity; and
(C) the reduction in healthcare use and associated costs.
(2) Healthcare partners
In carrying out a project using a grant received under paragraph (1), an eligible entity shall partner with 1 or more healthcare partners.
(3) Grant applications
(A) In general
To be eligible to receive a grant under paragraph (1), an eligible entity—
(i) shall—
(I) prescribe fresh fruits and vegetables to members;
(II) submit to the Secretary an application containing such information as the Secretary may require, including the information described in subparagraph (B); and
(ii) may—
(I) provide financial or non-financial incentives for members to purchase or procure fresh fruits and vegetables;
(II) provide educational resources on nutrition to members; and
(III) establish additional accessible locations for members to procure fresh fruits and vegetables.
(B) Application
An application shall—
(i) identify the 1 or more healthcare partners with which the eligible entity is partnering under paragraph (2); and
(ii) include—
(I) a description of the methods by which an eligible entity shall—
(aa) screen and verify eligibility for members for participation in a produce prescription project, in accordance with procedures established under subsection (a)(5);
(bb) implement an effective produce prescription project, including the role of each healthcare partner in implementing the produce prescription project;
(cc) evaluate members participating in a produce prescription project with respect to the matters described in subparagraphs (A) through (C) of paragraph (1);
(dd) provide educational opportunities relating to nutrition to members participating in a produce prescription project; and
(ee) inform members of the availability of the produce prescription project, including locations at which produce prescriptions may be redeemed;
(II) a description of any additional nonprofit or emergency feeding organizations that shall be involved in the project and the role of each additional nonprofit or emergency feeding organization in implementing and evaluating an effective produce prescription project;
(III) documentation of a partnership agreement with a relevant State Medicaid agency or other appropriate entity, as determined by the Secretary, to evaluate the effectiveness of the produce prescription project in reducing healthcare use and associated costs;
(IV) adequate plans to collect data for reporting and agreement to provide that information for the report described in subsection (e)(2)(B)(iii); and
(V) agreement to share information with the Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers established under subsection (e).
(4) Coordination
In carrying out the grant program established under paragraph (1), the Secretary shall coordinate with the Secretary of Health and Human Services and the heads of other appropriate Federal agencies that carry out activities relating to healthcare partners.
(5) Partnerships
(A) In general
In carrying out the grant program under paragraph (1), the Secretary may enter into 1 or more memoranda of understanding with a Federal agency, a State, or a private entity to ensure the effective implementation and evaluation of each project.
(B) Memorandum of understanding
A memorandum of understanding entered into under subparagraph (A) shall include—
(i) a description of a plan to provide educational opportunities relating to nutrition to members participating in produce prescription projects;
(ii) a description of the role of the Federal agency, State, or private entity, as applicable, in implementing and evaluating an effective produce prescription project; and
(iii) documentation of a partnership agreement with a relevant State Medicaid agency or other appropriate entity, as determined by the Secretary.
If funds are made available under subsection (e) to carry out this section, not later than September 30, 2012, the Secretary shall submit to Congress a report that describes—
(1) each grant made under this section, including—
(A) a description of any activity funded; and
(B) the degree of success of each activity funded in achieving hunger free-communities goals; and
(2) the degree of success of all activities funded under this section in achieving domestic hunger goals.
(1) In general
The value of any benefit provided to a participant in any activity funded under subsections (b) or (c) shall be treated as supplemental nutrition benefits under section 8(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(b)).
(2) Prohibition on collection of sales taxes
Each State shall ensure that no State or local tax is collected on a purchase of food with assistance provided under subsections (b) and (c).
(3) No limitation on benefits
Grants made available under subsections (b) and (c) shall not be used to carry out any project that limits the use of benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or any other Federal nutrition law.
(4) Household allotment
Assistance provided under subsections (b) and (c) to households receiving benefits under the supplemental nutrition assistance program shall not—
(A) be considered part of the supplemental nutrition assistance program benefits of the household; or
(B) be used in the collection or disposition of claims under section 13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022).
(1) In general
The Secretary shall—
(A) establish 1 or more Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers, in consultation with the Director of the National Institute of Food and Agriculture; and
(B) to the extent practicable, consult on the design and scope of such Centers with grocers, farmers, health professionals, researchers, incentive program managers, and employees of the Department of Agriculture with direct experience with implementation of existing incentive programs or projects.
(2) Establishment
The Centers shall be capable of providing services related to grants under subsections (b) and (c), including—
(A) offering incentive program training and technical assistance to applicants and grantees to the extent practicable, including—
(i) collecting and providing information on best practices that may include communications, signage, record-keeping, incentive instruments, development and integration of point of sale systems, and reporting;
(ii) disseminating information and assisting with collaboration among grantee projects, applicable State agencies, and nutrition education programs;
(iii) facilitating communication between grantees and the Department of Agriculture and applicable State agencies; and
(iv) providing support for the development of best practices for produce prescription projects and the sharing of information among eligible entities and healthcare providers that participate in a produce prescription project under subsection (c); and
(v) other services identified by the Secretary; and
(B) creating a system to collect and compile core data sets from eligible entities that—
(i) uses standard metrics with consideration of outcome measures for existing projects;
(ii) includes to the extent practicable grocers, farmers, health professionals, researchers, incentive program managers, and employees of the Department of Agriculture with direct experience with implementation of existing incentive programs in the design of the instrument through which data will be collected and the mechanism for reporting;
(iii) compiles project data from grantees, and beginning in fiscal year 2020 generates an annual report to Congress on grant outcomes, including—
(I) the results of the project; and
(II) the amount of grant funds used for the project; and
(iv) creates and maintains a publicly accessible online site that makes annual reports and incentive program information available in an anonymized format that protects confidential, personal, or other sensitive data.
(3) Cooperative agreement
(A) In general
To carry out paragraph (1), the Secretary may, on a competitive basis, enter into 1 or more cooperative agreements with 1 or more organizations with expertise in developing outcome-based reporting, at least 1 of which has expertise in the food insecurity nutrition incentive program and at least 1 of which has expertise in produce prescription projects.
(B) Inclusion
The organizations referred to in subparagraph (A) may include—
(i) nongovernmental organizations;
(ii) State cooperative extension services;
(iii) regional food system centers;
(iv) Federal, State, or Tribal agencies;
(v) institutions of higher education (as defined in section 1001(a) of title 20); or
(vi) other appropriate entities as determined by the Secretary.
(2) Mandatory funding
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section—
(A) $35,000,000 for the period of fiscal years 2014 and 2015;
(B) $20,000,000 for each of fiscal years 2016 and 2017;
(C) 1 $25,000,000 for fiscal year 2018;
(C) 1 $45,000,000 for fiscal year 2019;
(D) $48,000,000 for fiscal year 2020;
(E) $48,000,000 for fiscal year 2021;
(F) $53,000,000 for fiscal year 2022; and
(G) $56,000,000 for fiscal year 2023 and each fiscal year thereafter.
(3) Use of funds
With respect to funds made available under this section for fiscal years 2019 through 2023—
(A) for each fiscal year the Secretary shall use not more than 10 percent of such funds available for such fiscal year for the produce prescription program described in subsection (c);
(B) for each fiscal year not more than 8 percent of such funds available for such fiscal year shall be used by the National Institute of Food and Agriculture and the Food and Nutrition Service for administration; and
(C) the Secretary shall use for the Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers established under subsection (e) not more than—
(i) $17,000,000 in the aggregate for fiscal years 2019 and 2020; and
(ii) $7,000,000 for each of the fiscal years 2021 through 2023.