Appendix A Food and Nutrition Act Authorization

Appendix A. Food and Nutrition Act (FNA), Section 28,
as amended by the Agriculture Improvement Act of 2018
(7 U.S.C. 2036a)
OMB Control Number 0584-0639

Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
167

FOOD AND NUTRITION ACT OF 2008

Sec. 28

(2) AMOUNTS.—The Secretary shall use to carry out paragraph (1)—
(A) for fiscal year 2008, $190,000,000;
(B) for fiscal year 2009, $250,000,000;
(C) for each of fiscal years 2010 through 2023, the dollar amount of commodities specified in subparagraph (B)
adjusted by the percentage by which the thrifty food plan
has been adjusted under section 3(u)(4) between June 30,
2008, and June 30 of the immediately preceding fiscal
year;
(D) for each of fiscal years 2015 through 2023, the sum
obtained by adding the total dollar amount of commodities
specified in subparagraph (C) and—
(i) for fiscal year 2015, $50,000,000;
(ii) for fiscal year 2016, $40,000,000;
(iii) for fiscal year 2017, $20,000,000;
(iv) for fiscal year 2018, $15,000,000;
(v) for fiscal year 2019, $23,000,000;
(vi) for fiscal year 2020, $35,000,000;
(vii) for fiscal year 2021, $35,000,000;
(viii) for fiscal year 2022, $35,000,000; and
(ix) for fiscal year 2023, $35,000,000; and
(E) for fiscal year 2024 and each subsequent fiscal
year, the total dollar amount of commodities specified in
subparagraph (D)(ix) adjusted by the percentage by which
the thrifty food plan has been adjusted under section
3(u)(4) to reflect changes between June 30, 2023, and June
30 of the immediately preceding fiscal year.
(3) FUNDS AVAILABILITY.—For purposes of the funds described in this subsection, the Secretary shall—
(A) make the funds available for 2 fiscal years; and
(B) allow States to carry over unexpended balances to
the next fiscal year pursuant to such terms and conditions
as are determined by the Secretary.
(b) BASIS FOR COMMODITY PURCHASES.—In purchasing commodities under subsection (a), the Secretary shall, to the extent
practicable and appropriate, make purchases based on—
(1) agricultural market conditions;
(2) preferences and needs of States and distributing agencies; and
(3) preferences of recipients.
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

Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
Sec. 28

FOOD AND NUTRITION ACT OF 2008

168

(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

Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
169

FOOD AND NUTRITION ACT OF 2008

Sec. 28

(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

Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
Sec. 28

FOOD AND NUTRITION ACT OF 2008

170

(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

Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
171

FOOD AND NUTRITION ACT OF 2008

Sec. 28

(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

Q:\COMP\FNS\Food And Nutrition Act Of 2008.xml
Sec. 29

FOOD AND NUTRITION ACT OF 2008

172

(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 De-

partment 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