7 U.S.C. § 7517 (AGRICULTURE)
§ 7517. Food insecurity nutrition incentive
(a) In general
In this section:
(1) Eligible entity
The term “eligible entity” means—
(A) a nonprofit organization (including an emergency feeding organization);
(B) an agricultural cooperative;
(C) a producer network or association;
(D) a community health organization;
(E) a public benefit corporation;
(F) an economic development corporation;
(G) a farmers’ market;
(H) a community-supported agriculture program;
(I) a buying club;
(J) a retail food store participating in the supplemental nutrition assistance program;
(K) a State, local, or tribal agency; and
(L) any other entity the Secretary designates.
(2) Emergency feeding organization
The term “emergency feeding organization” has the meaning given the term in section 7501 of this title.
(3) Supplemental nutrition assistance program
The term “supplemental nutrition assistance program” means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(b) Food insecurity nutrition incentive grants
(1) Authorization
(A) In general
In each of the years specified in subsection (c), the Secretary shall make grants to eligible entities in accordance with paragraph (2).
(B) Federal share
The Federal share of the cost of carrying out an activity under this subsection shall not exceed 50 percent of the total cost of the activity.
(C) Non-Federal share
(i) In general
The non-Federal share of the cost of an activity under this subsection may be provided—
(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.
(2) Criteria
(A) In general
For purposes of this subsection, an eligible entity is a governmental agency or nonprofit organization that—
(i) meets the application criteria set forth by the Secretary; and
(ii) proposes a project that, at a minimum—
(I) has the support of the State agency;
(II) would increase the purchase of fruits and vegetables by low-income consumers participating in the supplemental nutrition assistance program by providing incentives at the point of purchase;
(III) agrees to participate in the evaluation described in paragraph (4);
(IV) ensures that the same terms and conditions apply to purchases made by individuals with benefits issued under this Act 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); and
(V) includes effective and efficient technologies for benefit redemption systems that may be replicated in other States and communities.
(B) Priority
In awarding grants under this section, the Secretary shall give priority to projects that—
(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) are located in underserved communities; or
(vi) address other criteria as established by the Secretary.
(3) Applicability
(A) In general
The value of any benefit provided to a participant in any activity funded under this subsection 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)).
(B) Prohibition on collection of sales taxes
Each State shall ensure that no State or local tax is collected on a purchase of food under this subsection.
(C) No limitation on benefits
A grant made available under this subsection 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.
(D) Household allotment
Assistance provided under this subsection to households receiving benefits under the supplemental nutrition assistance program shall not—
(i) be considered part of the supplemental nutrition assistance program benefits of the household; or
(ii) 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).
(4) Evaluation
(A) Independent evaluation
The Secretary shall provide for an independent evaluation of projects selected under this subsection that measures the impact of each project on—
(i) improving the nutrition and health status of participating households receiving incentives under this subsection; and
(ii) increasing fruit and vegetable purchases in participating households.
(B) Requirement
The independent evaluation under subparagraph (A) shall use rigorous methodologies capable of producing scientifically valid information regarding the effectiveness of a project.
(C) Costs
The Secretary may use funds not to exceed 10 percent of the funding provided to carry out this section to pay costs associated with administering, monitoring, and evaluating each project.
(c) Funding
(1) Authorization of appropriations
There is authorized to be appropriated to carry out subsection (b) $5,000,000 for each of fiscal years 2014 through 2018.
(2) Mandatory funding
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out subsection (b)—
(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; and
(C) $25,000,000 for fiscal year 2018.
(Pub. L. 110–234, title IV, § 4405, May 22, 2008, 122 Stat. 1138; Pub. L. 110–246, § 4(a), title IV, § 4405, June 18, 2008, 122 Stat. 1664, 1899; Pub. L. 113–79, title IV, § 4208, Feb. 7, 2014, 128 Stat. 826.)
heading: References in Text
text: The Food and Nutrition Act of 2008, referred to in subsecs. (a)(3) and (b)(3)(C), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
This Act, referred to in subsec. (b)(2)(A)(ii)(IV), is Pub. L. 110–246, June 18, 2008, 122 Stat. 1651, known as the Food, Conservation, and Energy Act of 2008. For complete classification of this Act to the Code, see Short Title note set out under section 8701 of this title and Tables.
heading: Codification
text: The authorities provided by each provision of, and each amendment made by, Pub. L. 110–246, as in effect on Sept. 30, 2012, to continue, and the Secretary of Agriculture to carry out the authorities, until the later of Sept. 30, 2013, or the date specified in the provision of, or amendment made by, Pub. L. 110–246, see section 701(a) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Emergency Food Assistance Act of 1983 which comprises this chapter.
heading: Amendments
text: 2014—Pub. L. 113–79 amended section generally. Prior to amendment, section related to hunger-free communities.
heading: Effective Date
text: Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
Section effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as an Effective Date of 2008 Amendment note under section 1161 of Title 2, The Congress.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of this title.