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Bill
Notes

Title I — Nutrition

S. 679 · 113th Congress · Apr 9, 2013 · Lineage

I Nutrition

Sec. 101 Retailers

(a)
Definition of retail food store— Section 3(p) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is amended—
(1)
in paragraph (1)(A) by striking “at least 2” and inserting “at least 3”; and
(2)
in paragraph (4) by inserting “or agricultural producers who market agricultural products directly to consumers” after “venture”.
(b)
Alternative benefit delivery— Section 7(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(f)) is amended—
(1)
by striking paragraph (2) and inserting the following:

“(2) Imposition of costs

“(A) In general—Except as provided in subparagraph (B), the Secretary shall require participating retailers (including restaurants participating in a State option restaurant program intended to serve the elderly, disabled, and homeless) to pay 100 percent of the costs of acquiring, and arrange for the implementation of, electronic benefit transfer point-of-sale equipment and supplies.

“(B) Exemptions—The Secretary may exempt from subparagraph (A)—

“(i) farmers’ markets and other direct farmer-to-consumer marketing outlets, military commissaries, nonprofit food buying cooperatives, and establishments, organizations, programs, or group living arrangements described in paragraphs (5), (7), and (8) of section 3(k); and

“(ii) establishments described in paragraphs (3), (4), and (9) of section 3(k), other than restaurants participating in a State option restaurant program.”

(2)
by adding at the end the following:

“(4) Termination of manual vouchers

“(A) In general—Effective beginning on the effective date of this paragraph, except as provided in subparagraph (B), no State shall issue manual vouchers to a household that receives supplemental nutrition assistance under this Act or allow retailers to accept manual vouchers as payment, unless the Secretary determines that the manual vouchers are necessary, such as in the event of an electronic benefit transfer system failure or a disaster situation.

“(B) Exemptions—The Secretary may exempt categories of retailers or individual retailers from subparagraph (A) based on criteria established by the Secretary.

“(5) Unique identification number required—In an effort to enhance the antifraud protections of the program, the Secretary shall require all parties providing electronic benefit transfer services to provide for and maintain a unique terminal identification number information through the supplemental nutrition assistance program electronic benefit transfer transaction routing system. In developing the regulations implementing this paragraph, the Secretary shall consider existing commercial practices for other point-of-sale debit transactions. The Secretary shall issue proposed regulations implementing this paragraph not earlier than 2 years after the date of enactment of this paragraph.”

(c)
Electronic benefit transfers— Section 7(h)(3)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(3)(B)) is amended by striking “is operational—” and all that follows through “(ii) in the case of other participating stores,” and inserting “is operational”.
(d)
Approval of retail food stores and wholesale food concerns— Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is amended—
(1)
in the second sentence of subsection (a)(1) by striking “; and (C)” and inserting “; (C) whether the applicant is located in an area with significantly limited access to food; and (D)”;
(2)
in subsection (b) by adding at the end the following:

“(3) Retail food stores with significant sales of excluded items

“(A) In general—No retail food store for which at least 45 percent of the total sales of the retail food store is from the sale of excluded items described in section 3(k)(1) may be authorized to accept and redeem benefits unless the Secretary determines that the participation of the retail food store is required for the effective and efficient operation of the supplemental nutrition assistance program.

“(B) Application—Subparagraph (A) shall be effective—

“(i) in the case of retail food stores applying to be authorized for the first time, beginning on the date that is 1 year after the effective date of this paragraph; and

“(ii) in the case of retail food stores participating in the program on the effective date of this paragraph, during periodic reauthorization in accordance with subsection (a)(2)(A).”

(3)
by adding at the end the following:

“(g) EBT service requirement—An approved retail food store shall provide adequate EBT service as described in section 7(h)(3)(B).”

Sec. 102 Demonstration projects on acceptance of benefits of mobile transactions

Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended by adding at the end the following:

“(14) Demonstration projects on acceptance of benefits of mobile transactions

“(A) In general—The Secretary shall pilot the use of mobile technologies determined by the Secretary to be appropriate to test the feasibility and implications for program integrity, by allowing retail food stores, farmers markets, and other direct producer-to-consumer marketing outlets to accept benefits from recipients of supplemental nutrition assistance through mobile transactions.

“(B) Demonstration projects—To be eligible to participate in a demonstration project under subsection (a), a retail food store, farmers market, or other direct producer-to-consumer marketing outlet shall submit to the Secretary for approval a plan that includes—

“(i) a description of the technology;

“(ii) the manner by which the retail food store, farmers market or other direct producer-to-consumer marketing outlet will provide proof of the transaction to households;

“(iii) the provision of data to the Secretary, consistent with requirements established by the Secretary, in a manner that allows the Secretary to evaluate the impact of the demonstration on participant access, ease of use, and program integrity; and

“(iv) such other criteria as the Secretary may require.

“(C) Date of completion—The demonstration projects under this paragraph shall be completed and final reports submitted to the Secretary by not later than July 1, 2016.

“(D) Report to Congress—The Secretary shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes a finding, based on the data provided under subparagraph (C) whether or not implementation in all States is in the best interest of the supplemental nutrition assistance program.”

Sec. 103 Use of benefits for purchase of community-supported agriculture share

Section 10 of the Food and Nutrition Act of 2008 (7 U.S.C. 2019) is amended in the first sentence by inserting “agricultural producers who market agricultural products directly to consumers shall be authorized to redeem benefits for the initial cost of the purchase of a community-supported agriculture share for an appropriate time in advance of food delivery as determined by the Secretary,” after “food so purchased,”.

Sec. 104 Additional authority for purchase of fresh fruits, vegetables, and other specialty food crops

Section 10603 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c–4) is amended—
(1)
in subsection (b), by striking “2012” and inserting “2018”;
(2)
by redesignating subsection (c) as subsection (e); and
(3)
by inserting after subsection (b) the following new subsections:

“(c) Local preference in memorandum of agreement—To the maximum extent practicable, a memorandum of agreement between the Secretary of Agriculture and the Secretary of Defense related to the purchase of fresh fruits and vegetables under this section shall require that fruits and vegetables purchased under the agreement be locally grown (as determined by the Secretary).

“(d) Pilot grant program for purchase of fresh fruits and vegetables

“(1) In general—Using amounts made available to carry out subsection (b), the Secretary of Agriculture shall conduct a pilot program under which the Secretary will give not more than five participating States the option of receiving a grant in an amount equal to the value of the commodities that the participating State would otherwise receive under this section for each of fiscal years 2014 through 2018.

“(2) Use of grant funds—A participating State receiving a grant under this subsection may use the grant funds solely to purchase fresh fruits and vegetables for distribution to schools and service institutions in the State that participate in the food service programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). To the maximum extent practicable, the fruits and vegetables shall be locally grown, as determined by the State.

“(3) Selection of participating States—The Secretary shall select participating States from applications submitted by the States.

“(4) Reporting requirements

“(A) School and service institution requirement—Schools and service institutions in a participating State shall keep records of purchases of fresh fruits and vegetables made using the grant funds and report such records to the State.

“(B) State requirement—Each participating State shall submit to the Secretary a report on the success of the pilot program in the State, including information on—

“(i) the amount and value of each type of fresh fruit and vegetable purchased by the State; and

“(ii) the benefit provided by such purchases in conducting the school food service in the State, including meeting school meal requirements.”

Sec. 105 Encouraging locally and regionally grown and raised food

(a)
Commodity Purchase Streamlining— The Secretary of Agriculture (in this section referred to as the “Secretary”) may permit each school food authority with a low annual commodity entitlement value, as determined by the Secretary, to elect to substitute locally and regionally grown and raised food for the authority’s allotment, in whole or in part, of commodity assistance under section 6(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(b)) for the school lunch program under such Act, if—
(1)
the election is requested by the school food authority;
(2)
the Secretary determines that the election will reduce State and Federal administrative costs, such as costs related to transportation, technology, and overhead; and
(3)
the election will provide the school food authority with greater flexibility to purchase locally and regionally grown and raised foods.
(b)
Farm-to-School demonstration projects—
(1)
In general— The Secretary of Agriculture may establish and carry out farm-to-school demonstration programs under which school food authorities, agricultural producers producing for local and regional markets, and other farm to school stakeholders will collaborate with the Agriculture Marketing Service to source food for the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) from local farmers and ranchers in lieu of the commodity assistance provided under section 6(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(b)) to such school food authorities for the school lunch program.
(2)
Requirements—
(A)
In general— A demonstration program carried out under this subsection shall—
(i)
facilitate and increase the purchase of unprocessed and minimally processed locally and regionally grown and raised agricultural products to be served under the school lunch program;
(ii)
test methods to improve procurement, transportation, and meal preparation processes;
(iii)
assess whether administrative costs can be saved through increased school authority flexibility to source locally and regionally produced foods; and
(iv)
undertake rigorous evaluation and share information about results, including cost savings, with the Department of Agriculture, other school food authorities, agricultural producers producing for the local and regional market, and the general public.
(B)
Plans— The Secretary shall require demonstration program participants to provide to the Secretary detailed plans with respect to how the participants will meet the requirements of this subsection.
(3)
Length— The Secretary shall conduct each demonstration program under this subsection for not less than 3 school years and not more than 5 years, except in the case of a demonstration program that requires additional time to meet the requirements under paragraph (2)(A), as determined by the Secretary.
(4)
Coordination— The Secretary shall coordinate among relevant agencies of the Department of Agriculture and non-governmental organizations with appropriate expertise to facilitate the provision of training and technical assistance necessary to the successful implementation of demonstration programs under this subsection.
(5)
Number— The Secretary shall carry out at least 10 demonstration programs under this subsection.
(6)
Diversity and balance— In carrying out demonstration programs under this subsection, the Secretary shall, to the maximum extent practicable, ensure—
(A)
geographical diversity;
(B)
that at least half of the demonstration programs are completed in collaboration with school food authorities with small annual commodity entitlements, as determined by the Secretary;
(C)
that at least half of the demonstration programs are completed in rural or tribal communities; and
(D)
equitable treatment of school food authorities with a high percentage of students eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(7)
Data analysis— With respect to each demonstration program carried out under this subsection, the Secretary shall ensure that participants of the demonstration program collect data on how the program met the requirements of paragraph (2)(A) in a manner that will enable the aggregation and analysis of such data.
(8)
Report to Congress— Not later than January 1, 2018, the Secretary shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and a report on the demonstration programs carried out under this subsection, including—
(A)
an analysis of the data collected under paragraph (7);
(B)
a summary of the efforts of the Department of Agriculture to increase the availability and use of locally and regionally grown foods by school food authorities through the commodity assistance provided to such authorities under section under section 6(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(b)); and
(C)
a determination of whether a demonstration program carried out under this section or any aspect of such a program should become an option for school food authorities based on outcomes, such as children’s nutritional health status, economic benefits to participating agricultural producers and the local economy, school meal participation rates, and an all-inclusive comparison of administrative cost of the commodity assistance described in subparagraph (B) and such demonstration program.

Sec. 106 Assistance for community food projects

Section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034) is amended—
(1)
in subsection (b)(2)(B)—
(A)
by striking “$5,000,000” and inserting “$10,000,000”; and
(B)
by striking “2008” and inserting “2014”; and
(2)
in subsection (f)(2), by striking “3” and inserting “5”.

Sec. 107 Senior farmers' market nutrition program

Section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) is amended—
(1)
in subsection (a)—
(A)
by striking “$20,600,000” and inserting “$25,000,000”;
(B)
by striking “2008” and inserting “2014”; and
(C)
by striking “2012” and inserting “2018”; and
(2)
in subsection (b)(1), by inserting “maple syrup,” after “honey,”.

Sec. 108 Hunger-free communities

Section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) is amended—
(1)
in subsection (a)—
(A)
by striking paragraph (1) and inserting the following:

“(1) Eligible entity

“(A) Collaborative grants—In subsection (b), 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.

“(B) Incentive grants—In subsection (c), the term eligible entity means a nonprofit organization (including an emergency feeding organization), an agricultural cooperative, producer network or association, community health organization, public benefit corporation, economic development corporation, farmers’ market, community-supported agriculture program, buying club, supplemental nutrition assistance program retail food store, a State, local, or tribal agency, and any other entity the Secretary designates.”

(B)
by adding at the end the following:

“(4) 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.).

“(5) Underserved community—The term underserved community has the meaning given the term in section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034).”

(2)
in subsection (b)(1)(A), by striking “not more than 50 percent of any funds made available under subsection (e)” and inserting “funds made available under subsection (d)(1)”; and
(3)
by striking subsections (c), (d), and (e) and inserting the following:

“(c) Hunger-Free communities incentive grants

“(1) Authorization

“(A) In general—In each of the years specified in subsection (d), 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 for 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 not be considered income or resources for any purpose under any Federal, State, or local law.

“(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.

“(d) 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 (c)—

“(A) $15,000,000 for fiscal year 2014;

“(B) $20,000,000 for each of fiscal years 2015 through 2017; and

“(C) $25,000,000 for fiscal year 2018.”

Sec. 109 Food and Nutrition Agriculture Service Learning Program

(a)
In general— Subtitle D of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6951) is amended by adding at the end the following:

“242. Food and Agriculture Service Learning Program

“(a) Establishment—The Secretary shall establish a Food and Agriculture Service Learning Program (in this section referred to as the “Program”) to increase knowledge of agriculture and improve the nutritional health of children.

“(b) Purposes—The purposes of the Program are—

“(1) to increase capacity for food, garden, and nutrition education within host organizations or entities, school cafeterias, and in the classroom;

“(2) to complement and build upon the efforts of the farm to school programs implemented under section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g));

“(3) to support the implementation of the regulations to update meal patterns and nutrition standards promulgated under section 4(b)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(3));

“(4) to carry out activities that advance the nutritional health of children and nutrition education in elementary schools and secondary schools;

“(5) to build on activities carried out by the Food and Nutrition Service and the Corporation for National and Community Service by providing funds to establish new approved national service positions for a national service program; and

“(6) to further expand the impact of the efforts described in paragraphs (1) through (5) through coordination with the National Institute of Food and Agriculture.

“(c) Eligibility—To carry out the Program, the Secretary may make awards to an organization or other entity that, as determined by the Secretary—

“(1) has a proven track record in carrying out the activities described in subsection (b);

“(2) is carrying out or otherwise supporting a national service program that receives assistance from the Corporation for National and Community Service under subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.);

“(3) works in underserved rural and urban communities;

“(4) teaches and engages children in experiential learning about agriculture, gardening, nutrition, cooking, and where food comes from; and

“(5) facilitates a connection between elementary schools and secondary schools and agricultural producers in the local and regional area.

“(d) Accountability

“(1) In general—The Secretary may require an organization or other entity receiving an award under subsection (c), or another qualified entity, to collect and report any data on the activities carried out by the Program as the Secretary determines necessary.

“(2) Evaluation—The Secretary shall—

“(A) conduct regular evaluation of the activities carried out by the Program; and

“(B) 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 includes a description of the results of an evaluation conducted under subparagraph (A).

“(e) Funding

“(1) In general—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $25,000,000, to remain available until expended.

“(2) Use of certain funds—Of the funds made available to carry out this section for a fiscal year, 20 percent shall be made available to the National Institute of Food and Agriculture to offset costs associated with hosting, training, and overseeing individuals in approved national service positions for the Program.

“(3) Maintenance of effort—Funds made available under paragraph (1) shall be used only to supplement, not to supplant, the amount of Federal funding otherwise expended for nutrition, research, and extension programs of the Department.

“(f) Definitions—For purposes of this section:

“(1) Approved national service position—The term “approved national service position” has the meaning given the term in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511)).

“(2) ESEA terms—The terms “elementary school” and “secondary school” have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).”

(b)
Conforming amendment— Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended—
(1)
in paragraph (6)(C), by striking “or” at the end;
(2)
in paragraph (7), by striking the period at the end and inserting “or”; and
(3)
by adding at the end the following:

“(8) the authority of the Secretary to carry out activities described in section 242.”