Title IV — Nutrition

115th Congress · Approved Dec 20, 2018 · 132 Stat. 4490

TITLE IV Nutrition

Subtitle A Supplemental Nutrition Assistance Program

SEC. 4001. Requirements for Online Acceptance of Benefits.

(a)

Definition.— Section 3(o)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(o)(1)) is amended by striking “ or house-to-house trade route” and inserting “ , house-to-house trade route, or online entity”.

(b)

Acceptance of Benefits.— Section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended—

(1)

by striking the heading and inserting “ Acceptance of Program Benefits Through Online Transactions”,

(2)

in paragraph (4) by striking subparagraph (C), and

(3)

by striking paragraph (5).

SEC. 4002. Re-Evaluation of Thrifty Food Plan.

Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)) is amended by inserting after the 1st sentence the following: “By 2022 and at 5-year intervals thereafter, the Secretary shall re-evaluate and publish the market baskets of the thrifty food plan based on current food prices, food composition data, consumption patterns, and dietary guidance.”.

SEC. 4003. Food Distribution Program on Indian Reservations.

(a)

In General.— Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) is amended—

(1)

by striking paragraph (4) and inserting the following:

“(4) Administrative costs.—

“(A) In general.—Subject to subparagraph (B), the Secretary shall pay not less than 80 percent of administrative costs and distribution costs on Indian reservations as the Secretary determines necessary for effective administration of such distribution by a State agency or tribal organization.

“(B) Waiver.—The Secretary shall waive up to 100 percent of the non-Federal share of the costs described in subparagraph (A) if the Secretary determines that—

“(i) the tribal organization is financially unable to provide a greater non-Federal share of the costs; or

“(ii) providing a greater non-Federal share of the costs would be a substantial burden for the tribal organization.

“(C) Limitation.—The Secretary may not reduce any benefits or services under the food distribution program on Indian reservations under this subsection to any tribal organization that is granted a waiver under subparagraph (B).

“(D) Tribal contribution.—The Secretary may allow a tribal organization to use funds provided to the tribal organization through a Federal agency or other Federal benefit to satisfy all or part of the non-Federal share of the costs described in subparagraph (A) if that use is otherwise consistent with the purpose of the funds.”

(2)

in paragraph (6)—

(A)

in the heading by striking “ locally-grown” and inserting “ locally- and regionally-grown”,

(B)

in subparagraph (A) by striking “ locally-grown” and inserting “ locally- and regionally-grown”,

(C)

in subparagraph (C)—

(i)

in the heading by striking “ locally grown” and inserting “ locally- and regionally-grown”, and

(ii)

by striking “ locally-grown” and inserting “ locally- and regionally-grown”,

(D)

by amending subparagraph (D) to read as follows:

“(D) Purchase of foods.—In carrying out this paragraph, the Secretary shall purchase or offer to purchase those traditional foods that may be procured cost-effectively.”

(E)

by striking subparagraph (E), and

(F)

in subparagraph (F)—

(i)

by striking “ (F)” and inserting “ (E)”, and

(ii)

by striking “ 2018” and inserting “ 2023”, and

(3)

by adding at the end the following:

“(7) Availability of funds.—

“(A) In general.—Funds made available for a fiscal year to carry out this subsection shall remain available for obligation for a period of 2 fiscal years.

“(B) Administrative costs.—Funds made available for a fiscal year to carry out paragraph (4) shall remain available for obligation by the State agency or tribal organization for a period of 2 fiscal years.”

(b)

Demonstration Project for Tribal Organizations.—

(1)

Definitions.— In this subsection:

(A)

Demonstration project.— The term “demonstration project” means the demonstration project established under paragraph (2).

(B)

Food distribution program.— The term “food distribution program” means the food distribution program on Indian reservations carried out under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)).

(C)

Indian reservation.— The term “Indian reservation” has the meaning given the term “reservation” in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).

(D)

Indian tribe.— The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(E)

Self-determination contract.— The term “self-determination contract” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(F)

Tribal organization.— The term “tribal organization” has the meaning given the term in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).

(2)

Establishment.— Subject to the availability of appropriations, the Secretary shall establish a demonstration project under which 1 or more tribal organizations may enter into self-determination contracts to purchase agricultural commodities under the food distribution program for the Indian reservation of that tribal organization.

(3)

Eligibility.—

(A)

Consultation.— The Secretary shall consult with the Secretary of the Interior and Indian tribes to determine the process and criteria under which a tribal organization may participate in the demonstration project.

(B)

Criteria.— The Secretary shall select for participation in the demonstration project tribal organizations that—

(i)

are successfully administering the food distribution program of the tribal organization under section 4(b)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)(2)(B)),

(ii)

have the capacity to purchase agricultural commodities in accordance with paragraph (4) for the food distribution program of the tribal organization, and

(iii)

meet any other criteria determined by the Secretary, in consultation with the Secretary of the Interior and Indian tribes.

(4)

Procurement of agricultural commodities.— Any agricultural commodities purchased by a tribal organization under the demonstration project shall—

(A)

be domestically produced,

(B)

supplant, not supplement, the type of agricultural commodities in existing food packages for that tribal organization,

(C)

be of similar or higher nutritional value as the type of agricultural commodities that would be supplanted in the existing food package for that tribal organization, and

(D)

meet any other criteria determined by the Secretary.

(5)

Report.— Not later than 1 year after the date on which funds are appropriated under paragraph (6) and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the activities carried out under the demonstration project during the preceding year.

(6)

Funding.—

(A)

Authorization of appropriations.— There is authorized to be appropriated to the Secretary to carry out this subsection $5,000,000, to remain available until expended.

(B)

Appropriations in advance.— Only funds appropriated under subparagraph (A) in advance specifically to carry out this subsection shall be available to carry out this subsection.

(c)

Conforming Amendment.— Section 3(v) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(v)) is amended by striking “ the Indian Self-Determination Act (25 U.S.C. 450b(b))” and inserting “ section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)”.

SEC. 4004. Simplified Homeless Housing Costs.

Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(D)) is amended—

(1)

by redesignating clause (ii) as clause (iii), and

(2)

by striking clause (i) and inserting the following:

“(i) Alternative deduction.—The State agency shall allow a deduction of $143 a month for households—

“(I) in which all members are homeless individuals;

“(II) that are not receiving free shelter throughout the month; and

“(III) that do not opt to claim an excess shelter expense deduction under subparagraph (A).

“(ii) Adjustment.—For fiscal year 2019 and each subsequent fiscal year the amount of the homeless shelter deduction specified in clause (i) shall be adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”

SEC. 4005. Employment and Training for Supplemental Nutrition Assistance Program.

(a)

Employment and Training Programs That Meet State and Local Workforce Needs.— Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended—

(1)

in subparagraph (A)—

(A)

in clause (i)—

(i)

by inserting “ , in consultation with the State workforce development board, or, if the State demonstrates that consultation with private employers or employer organizations would be more effective or efficient, in consultation with private employers or employer organizations,” after “ designed by the State agency”, and

(ii)

by striking “ that will increase their ability to obtain regular employment.” and inserting the following:

“(I) increase the ability of the household members to obtain regular employment; and

“(II) meet State or local workforce needs.”

, and

(B)

in clause (ii) by inserting “ and implemented to meet the purposes of clause (i)” after “ under this paragraph”,

(2)

in subparagraph (B)—

(A)

in the matter preceding clause (i), by inserting “ case management services such as comprehensive intake assessments, individualized service plans, progress monitoring, or coordination with service providers and” after “ contains”,

(B)

in clause (iv) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately,

(C)

by redesignating clauses (i) through (vii) and clause (viii) as subclauses (I) through (VII) and subclause (IX), respectively, and indenting appropriately,

(D)

by striking subclause (I), as so redesignated, and inserting the following:

“(I) Supervised job search programs that occur at State-approved locations at which the activities of participants shall be directly supervised and the timing and activities of participants tracked in accordance with guidelines issued by the State.”

(E)

in subclause (II), as so redesignated, by striking “ jobs skills assessments, job finding clubs, training in techniques for” and inserting “ employability assessments, training in techniques to increase”,

(F)

in subclause (IV), as so redesignated, in the first sentence, by inserting “ , including subsidized employment and apprenticeships” before the period at the end,

(G)

in subclause (VII), as so redesignated, by inserting “ not less than 30 days but” after “ period of”,

(H)

by inserting after subclause (VII), as so redesignated, the following:

“(VIII) Programs and activities under clause (iv) of section 16(h)(1)(F) that the Secretary determines, based on results from the independent evaluations conducted under clause (vii)(I) of such section, have the most demonstrable impact on the ability of participants to find and retain employment that leads to increased household income and reduced reliance on public assistance.”

(I)

in the matter preceding subclause (I), as so redesignated—

(i)

by striking “ this subparagraph” and inserting “ this clause”, and

(ii)

by striking “ (B) For purposes of this Act, an” and inserting the following:

“(B) Definitions.—In this Act:

“(i) Employment and training program.—The term”

, and

(J)

by adding at the end the following:

“(ii) Workforce partnership.—

“(I) In general.—The term ‘workforce partnership’ means a program that—

“(aa) is operated by—

“(AA) a private employer, an organization representing private employers, or a nonprofit organization providing services relating to workforce development; or

“(BB) an entity identified as an eligible provider of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d));

“(bb) the Secretary certifies, or the State agency certifies to the Secretary—

“(AA) subject to subparagraph (N)(ii), would assist participants who are members of households participating in the supplemental nutrition assistance program in gaining high-quality, work-relevant skills, training, work, or experience that will increase the ability of the participants to obtain regular employment;

“(BB) subject to subparagraph (N)(ii), would provide participants with not less than 20 hours per week of training, work, or experience under subitem (AA);

“(CC) would not use any funds authorized to be appropriated by this Act;

“(DD) would provide sufficient information, on request by the State agency, for the State agency to determine that participants who are members of households participating in the supplemental nutrition assistance program are fulfilling any applicable work requirement under this subsection or subsection (o);

“(EE) would be willing to serve as a reference for participants who are members of households participating in the supplemental nutrition assistance program for future employment or work-related programs; and

“(FF) meets any other criteria established by the Secretary, on the condition that the Secretary shall not establish any additional criteria that would impose significant paperwork burdens on the workforce partnership; and

“(cc) is in compliance with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), if applicable.

“(II) Inclusion.—The term ‘workforce partnership’ includes a multistate program.”

(3)

in subparagraph (E)—

(A)

in the second sentence, by striking “ Such requirements” and inserting the following:

“(ii) Variation.—The requirements under clause (i)”

(B)

by striking “ (E) Each State” and inserting the following:

“(E) Requirements for participation for certain individuals.—

“(i) In general.—Each State”

, and

(C)

by adding at the end the following:

“(iii) Application to workforce partnerships.—To the extent that a State agency requires an individual to participate in an employment and training program, the State agency shall consider an individual participating in a workforce partnership to be in compliance with the employment and training requirements.”

(4)

in subparagraph (H), by striking “ (B)(v)” and inserting “ (B)(i)(V)”, and

(5)

by adding at the end the following:

“(N) Workforce partnerships.—

“(i) Certification.—In certifying that a program meets the requirements of subitems (AA) and (BB) of subparagraph (B)(ii)(I)(bb) to be certified as a workforce partnership, the Secretary or the State agency shall require that the program submit to the Secretary or State agency sufficient information that describes—

“(I) the services and activities of the program that would provide participants with not less than 20 hours per week of training, work, or experience under those subitems; and

“(II) how the program would provide services and activities described in subclause (I) that would directly enhance the employability or job readiness of the participant.

“(ii) Supplement, not supplant.—A State agency may use a workforce partnership to supplement, not to supplant, the employment and training program of the State agency.

“(iii) Participation.—A State agency—

“(I) shall—

“(aa) maintain a list of workforce partnerships certified under subparagraph (B)(ii)(I)(bb); and

“(bb) not less frequently than at certification and recertification, provide to a household member subject to work requirements under subsection (d)(1) or subsection (o), electronically or by other means, the list described in item (aa); but

“(II) may not require any member of a household participating in the supplemental nutrition assistance program to participate in a workforce partnership.

“(iv) Effect.—

“(I) In general.—A workforce partnership shall not replace the employment or training of an individual not participating in the workforce partnership.

“(II) Selection.—Nothing in this subsection or subsection (o) affects the criteria or screening process for selecting participants by a workforce partnership.

“(v) Limitation on reporting requirements.—In carrying out this subparagraph, the Secretary and each applicable State agency shall limit the reporting requirements of a workforce partnership to—

“(I) on notification that an individual is receiving supplemental nutrition assistance program benefits, notifying the applicable State agency that the individual is participating in the workforce partnership;

“(II) identifying participants who have completed or are no longer participating in the workforce partnership;

“(III) identifying changes to the workforce partnership that result in the workforce partnership no longer meeting the certification requirements of the Secretary or the State agency under subparagraph (B)(ii)(I)(bb); and

“(IV) providing sufficient information, on request by the State agency, for the State agency to verify that a participant is fulfilling any applicable work requirements under this subsection or subsection (o).

“(O) Referral of certain individuals.—

“(i) In general.—In accordance with such regulations as may be issued by the Secretary, with respect to any individual who is not eligible for an exemption under paragraph (2) and who is determined by the operator of an employment and training program component to be ill-suited to participate in that employment and training program component, the State agency shall—

“(I) refer the individual to an appropriate employment and training program component;

“(II) refer the individual to an appropriate workforce partnership, if available;

“(III) reassess the physical and mental fitness of the individual under paragraph (1)(A); or

“(IV) to the maximum extent practicable, coordinate with other Federal, State, or local workforce or assistance programs to identify work opportunities or assistance for the individual.

“(ii) Process.—In carrying out clause (i), the State agency shall ensure that an individual undergoing and complying with the process established under that clause shall not be found to have refused without good cause to participate in an employment and training program.”

(b)

Work Requirements.— Section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (B) by striking “ and” at the end,

(B)

in subparagraph (C) by striking “ job search program or a job search training program.” and inserting “ supervised job search program or job search training program;”, and

(C)

by adding at the end the following:

“(D) a program of employment and training for veterans operated by the Department of Labor or the Department of Veterans Affairs, and approved by the Secretary; and

“(E) a workforce partnership under subsection (d)(4)(N).”

(2)

in paragraph (4)(A) by inserting “ and with the support of the chief executive officer of the State” after “ agency”, and

(3)

in paragraph (6)—

(A)

in the heading by striking “ 15-percent exemption” and inserting “ Exemptions”,

(B)

in subparagraph (B) by striking “ (G)” and inserting “ (H)”,

(C)

in subparagraph (C) by striking “ (E) and (G)” and inserting “ (F) and (H)” ,

(D)

in subparagraph (D)—

(i)

in the heading by striking “ Subsequent fiscal years” and inserting “ Fiscal years 1999 through 2019”,

(ii)

by striking “ (E) through (G)” and inserting “ (F) through (H)”, and

(iii)

by striking “ year,” and inserting “ year through fiscal year 2019,”,

(E)

in subparagraph (E) by striking “ or (D)” and inserting “ , (D), or (E)”,

(F)

by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively, and

(G)

by inserting after subparagraph (D) the following:

“(E) Subsequent fiscal years.—Subject to subparagraphs (F) through (H), for fiscal year 2020 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 12 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4).”

(c)

State Plans.— Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended—

(1)

in subsection (e)(19) by inserting “ the extent to which such programs will be carried out in coordination with the activities carried out under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.),” before “ and the basis,”, and

(2)

by adding at the end the following:

“(w) For households containing at least one adult, with no elderly or disabled members and with no earned income at their last certification or required report, a State agency shall, at the time of recertification, be required to advise members of the household not exempt under section 6(d)(2) regarding available employment and training services.”

(d)

Funding of Employment and Training Programs.— Section 16(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A) by striking “ $90,000,000” and inserting “ $103,900,000”,

(B)

in subparagraph (C)—

(i)

in clause (i) by inserting “ , subject to clauses (ii) through (v),” after “ (B), the Secretary”, and

(ii)

by adding at the end the following:

“(iv) Priority.—The Secretary shall reallocate funds under this subparagraph as follows:

“(I)

(aa) Subject to items (bb) and (cc), not less than 50 percent shall be reallocated to State agencies requesting such funds to conduct employment and training programs and activities for which such State agencies had previously received funding under subparagraph (F)(viii) that the Secretary determines have the most demonstrable impact on the ability of participants to find and retain employment that leads to increased household income and reduced reliance on public assistance.

“(bb) The Secretary shall base the determination under item (aa) on—

“(AA) project results from the independent evaluations conducted under subparagraph (F)(vii)(I); or

“(BB) if the project results from the independent evaluations conducted under subparagraph (F)(vii)(I) are not yet available, the reports under subparagraph (F)(vii)(II) or other information relating to performance of the programs and activities funded under subparagraph (F)(viii).

“(cc) Employment and training activities funded under this subclause are not subject to subparagraph (F)(vii), but are subject to monitoring under paragraph (h)(5).

“(II) Not less than 30 percent shall be reallocated to State agencies requesting such funds to implement or continue employment and training programs and activities under section 6(d)(4)(B)(i) that the Secretary determines have the most demonstrable impact on the ability of participants to find and retain employment that leads to increased household income and reduced reliance on public assistance, including programs and activities that are targeted to—

“(aa) individuals 50 years of age or older;

“(bb) formerly incarcerated individuals;

“(cc) individuals participating in a substance abuse treatment program;

“(dd) homeless individuals;

“(ee) people with disabilities seeking to enter the workforce;

“(ff) other individuals with substantial barriers to employment; or

“(gg) households facing multi-generational poverty, to support employment and workforce participation through an integrated and family-focused approach in providing supportive services.

“(III) The Secretary shall reallocate any remaining funds available under this subparagraph, to State agencies requesting such funds to use for employment and training programs and activities that the Secretary determines have the most demonstrable impact on the ability of participants to find and retain employment that leads to increased household income and reduced reliance on public assistance under section 6(d)(4)(B)(i).

“(v) Consideration.—In reallocating funds under this subparagraph, a State agency that receives reallocated funds under clause (iv)(I) may also be considered for reallocated funding under clause (iv)(II).”

, and

(C)

in subparagraph (D) by striking “ $50,000” and inserting “ $100,000”, and

(2)

in paragraph (5)(B) by adding at the end the following:

“(v) State option.—The State agency may report relevant data from a workforce partnership carried out under section 6(d)(4)(N) to demonstrate the number of program participants served by the workforce partnership.”

(e)

Expired Authority.— Section 17(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)) is amended—

(1)

by striking paragraph (2), and

(2)

by redesignating paragraph (3) as paragraph (2).

SEC. 4006. Improvements to Electronic Benefit Transfer System.

(a)

EBT Portability.— Section 7(f)(5) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(f)(5)) is amended by adding at the end the following:

“(C) Operation of individual point of sale device by farmers’ markets and direct marketing farmers.—A farmers’ market or direct marketing farmer that is exempt under paragraph (2)(B)(i) shall be allowed to operate an individual electronic benefit transfer point of sale device at more than 1 location under the same supplemental nutrition assistance program authorization, if—

“(i) the farmers’ market or direct marketing farmer provides to the Secretary information on location and hours of operation at each location; and

“(ii)

(I) the point of sale device used by the farmers’ market or direct marketing farmer is capable of providing location information of the device through the electronic benefit transfer system; or

“(II) if the Secretary determines that the technology is not available for a point of sale device to meet the requirement under subclause (I), the farmers’ market or direct marketing farmer provides to the Secretary any other information, as determined by the Secretary, necessary to ensure the integrity of transactions processed using the point of sale device.”

(b)

Modernization of Electronic Benefit Transfer Regulations.— The 1st sentence of section 7(h)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(2)) is amended by inserting “ and shall periodically review such regulations and modify such regulations to take into account evolving technology and comparable industry standards” before the period at the end.

(c)

Benefit Recovery.— Section 7(h)(12) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(12)) is amended—

(1)

in subparagraph (A) by inserting “ , or due to the death of all members of the household” after “ inactivity”, and

(2)

by striking subparagraphs (B) and (C) and inserting the following:

“(B) Benefit storage.—

“(i) In general.—A State agency may store recovered electronic benefits off-line in accordance with clause (ii), if the household has not accessed the account after 3 months.

“(ii) Notice of benefit storage.—A State agency shall—

“(I) send notice to a household the benefits of which are stored under clause (i); and

“(II) not later than 48 hours after request by the household, make the stored benefits available to the household.

“(C) Benefit expunging.—

“(i) In general.—Subject to clause (ii), a State agency shall expunge benefits that have not been accessed by a household after a period of 9 months, or upon verification that all members of the household are deceased.

“(ii) Notice of benefit expunging.—Not later than 30 days before benefits are to be expunged under clause (i), a State agency shall—

“(I) provide sufficient notice to the household that benefits will be expunged due to inactivity, and the date upon which benefits will be expunged;

“(II) for benefits stored off-line in accordance with subparagraph (B), provide the household an opportunity to request that such benefits be restored to the household; and

“(III) not later than 48 hours after request by the household, make the benefits available to the household.”

(d)

Prohibited Fees.— Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016) is amended—

(1)

by amending subsection (h)(13) to read as follows:

“(13) Fees.—

“(A) Interchange fees.—No interchange fees shall apply to electronic benefit transfer transactions under this subsection.

“(B) Other fees.—Effective through fiscal year 2023, neither a State, nor any agent, contractor, or subcontractor of a State who facilitates the provision of supplemental nutrition assistance program benefits in such State may impose a fee for switching (as defined in subsection (j)(1)(H)) or routing such benefits.”

, and

(2)

by amending subsection (j)(1)(H) to read as follows:

“(H) Switching.—The term ‘switching’ means the routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an electronic benefit transfer card in one State to the issuer of the card that may be in the same or different State.”

(e)

Mobile Technologies.— Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(14)) is amended—

(1)

by amending subparagraph (A) to read as follows:

“(A) In general.—Subject to subparagraph (B), the Secretary shall authorize the use of mobile technologies for the purpose of accessing supplemental nutrition assistance program benefits.”

(2)

in subparagraph (B)—

(A)

by striking the heading and inserting “ Demonstration projects on access of benefits through mobile technologies”,

(B)

by amending clause (i) to read as follows:

“(i) Demonstration projects.—Before authorizing implementation of subparagraph (A) in all States, the Secretary shall approve not more than 5 demonstration project proposals submitted by State agencies that will pilot the use of mobile technologies for supplemental nutrition assistance program benefits access.”

(C)

in clause (ii)—

(i)

in the heading by striking “ Demonstration projects” and inserting “ Project requirements”,

(ii)

by striking “ retail food store” the first place it appears and inserting “ State agency”,

(iii)

by striking “ includes”,

(iv)

by striking subclauses (I), (II), (III), and (IV), and inserting the following:

“(I) provides recipient protections regarding privacy, ease of use, household access to benefits, and support similar to the protections provided under existing methods;

“(II) ensures that all recipients, including those without access to mobile payment technology and those who shop across State borders, have a means of benefit access;

“(III) requires retail food stores, unless exempt under section 7(f)(2)(B), to bear the costs of acquiring and arranging for the implementation of point-of-sale equipment and supplies for the redemption of benefits that are accessed through mobile technologies;

“(IV) requires that foods purchased with benefits issued under this section through mobile technologies are purchased at a price not higher than the price of the same food purchased by other methods used by the retail food store, as determined by the Secretary;

“(V) ensures adequate documentation for each authorized transaction, adequate security measures to deter fraud, and adequate access to retail food stores that accept benefits accessed through mobile technologies, as determined by the Secretary;

“(VI) provides for an evaluation of the demonstration project, including, but not limited to, an evaluation of household access to benefits;

“(VII) requires that the State demonstration projects are voluntary for all retail food stores and that all recipients are able to use benefits in non-participating retail food stores; and

“(VIII) meets other criteria as established by the Secretary.”

(D)

by amending clause (iii) to read as follows:

“(iv) Date of project approval.—The Secretary shall solicit and approve the qualifying demonstration projects required under subparagraph (B)(i) not later than January 1, 2021.”

, and

(E)

by inserting after clause (ii) the following:

“(iii) Priority.—The Secretary may prioritize demonstration project proposals that would—

“(I) reduce fraud;

“(II) encourage positive nutritional outcomes; and

“(III) meet such other criteria as determined by the Secretary.”

, and

(3)

in subparagraph (C)(i)—

(A)

by striking “ 2017” and inserting “ 2022”, and

(B)

by inserting “ requires further study by way of an extended pilot period or” after “ States” the 2d place it appears.

(f)

Approval of Retail Food Stores.— Section 9 of the Food and Nutrition Act (7 U.S.C. 2018) is amended—

(1)

in subsection (a)(1)—

(A)

in the 4th sentence by striking “ No retail food store” and inserting the following:

“(D) Visit required.—No retail food store”

(B)

in the 3d sentence by striking “ Approval” and inserting the following:

“(C) Certificate.—Approval”

(C)

in the 2d sentence—

(i)

by striking “ food; and (D) the” and inserting the following:

“(iv) any information, if available, about the ability of the anticipated or existing electronic benefit transfer equipment and service provider of the applicant to provide sufficient information through the electronic benefit transfer system to minimize the risk of fraudulent transactions; and

“(v) the”

(ii)

by striking “ concern; (C) whether” and inserting the following:

“(iii) whether”

(iii)

by striking “ applicant; (B) the” and inserting the following:

“(ii) the”

(iv)

by striking “ following: (A) the nature” and inserting the following:

“(i) the nature”

, and

(v)

in the matter preceding clause (i), as so designated, by striking “ In determining” and inserting the following:

“(B) Factors for consideration.—In determining”

, and

(D)

in the 1st sentence by striking “ (a)(1) Regulations” and inserting the following:

“(a) Authorization to Accept and Redeem Benefits.—

“(1) Applications.—

“(A) In general.—Regulations”

(2)

in subsection (a) by adding at the end the following:

“(4) Electronic benefit transfer equipment and service providers.—Before implementing clause (iv) of paragraph (1)(B), the Secretary shall issue guidance for retail food stores on how to select electronic benefit transfer equipment and service providers that are able to meet the requirements of that clause.”

, and

(3)

in the 1st sentence of subsection (c) by inserting “ records relating to electronic benefit transfer equipment and related services, transaction and redemption data provided through the electronic benefit transfer system,” after “ purchase invoices,”.

SEC. 4007. Review of Supplemental Nutrition Assistance Program Operations.

Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is amended by adding at the end the following:

“(i) Review of Program Operations.—

“(1) Review by the secretary.—The Secretary—

“(A) shall review a representative sample of currently authorized facilities referred to in section 3(k)(3) to determine whether benefits are properly used by or on behalf of participating households residing in such facilities and whether such facilities are using more than 1 source of Federal or State funding to meet the food needs of residents;

“(B) may carry out similar reviews for currently participating residential drug and alcohol treatment and rehabilitation programs, and group living arrangements for the blind and disabled, referred to in section 3(k);

“(C) shall gather information, and such facilities, programs, and arrangements shall be required to submit information deemed necessary for a full and thorough review; and

“(D) shall report the results of these reviews to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate not later than 18 months after the date of the enactment of the Agriculture Improvement Act of 2018, along with recommendations regarding—

“(i) any additional requirements or oversight that would be appropriate for such facilities, programs, and arrangements; and

“(ii) whether such facilities, programs, and arrangements should continue to be authorized to participate in the supplemental nutrition assistance program.

“(2) Limitation.—Nothing in this subsection shall authorize the Secretary to deny any application for continued authorization, any application for authorization, or any request to withdraw the authorization of any such facility, program, or arrangement based on a determination that residents of any such facility or entity are residents of an institution for a period of 18 months from the date of enactment of the Agriculture Improvement Act of 2018.”

SEC. 4008. Retail Incentives.

Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018), as amended by section 4007, is amended by adding at the end the following:

“(j) Incentives.—

“(1) Definition of eligible incentive food.—In this subsection, the term ‘eligible incentive food’ means—

“(A) a staple food that is identified for increased consumption, consistent with the most recent dietary recommendations; and

“(B) a fruit, vegetable, dairy, whole grain, or product thereof.

“(2) Guidance.—

“(A) In general.—The Secretary shall issue guidance to clarify the process by which an approved retail food store may seek a waiver to offer an incentive, which may be used only for the purchase of an eligible incentive food at the point of purchase, to a household purchasing food with benefits issued under this Act.

“(B) Guidance.—The guidance under subparagraph (A) shall establish a process under which an approved retail food store, prior to carrying out an incentive program under this subsection, shall provide to the Secretary information describing the incentive program, including—

“(i) the types of incentives that will be offered;

“(ii) the types of foods that will be incentivized for purchase; and

“(iii) an explanation of how the incentive program intends to support meeting dietary intake goals.

“(3) No limitation on benefits.—A waiver granted under this subsection shall not be used to carry out any activity that limits the use of benefits under this Act or any other Federal nutrition law.

“(4) Effect.—Guidance provided under this subsection shall not affect any requirements under section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517), including the eligibility of a retail food store to participate in a project funded under such section.

“(5) Report.—The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report describing the types of incentives approved under this subsection.”

SEC. 4009. Required Action on Data Match Information.

Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended—

(1)

in paragraph (24) by striking “ and” after the semicolon,

(2)

in paragraph (25) by striking the period at the end and inserting “ ; and”, and

(3)

by adding at the end the following:

“(26) that for a household participating in the supplemental nutrition assistance program, the State agency shall pursue clarification and verification, if applicable, of information relating to the circumstances of the household received from data matches for the purpose of ensuring an accurate eligibility and benefit determination, only if the information—

“(A) appears to present significantly conflicting information from the information that was used by the State agency at the time of certification of the household;

“(B) is obtained from data matches carried out under subsection (q), (r), or (x); or

“(C)

(i) is less than 60 days old relative to the current month of participation of the household; and

“(ii) if accurate, would have been required to be reported by the household based on the reporting requirements assigned to the household by the State agency under section 6(c).”

SEC. 4010. Incentivizing Technology Modernization.

Section 11(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(t)) is amended—

(1)

by striking the heading and inserting “ Grants for Simplified Application and Eligibility Determination Systems and Improved Access to Benefits”,

(2)

in paragraph (1) by striking “ implement—” and all that follows through the period at the end, and inserting “ implement supplemental nutrition assistance program simplified application and eligibility determination systems.”, and

(3)

in paragraph (2)—

(A)

by amending subparagraph (B) to read as follows:

“(B) establishing enhanced technological methods that improve the administrative infrastructure used in processing applications and determining eligibility; or”

(B)

by striking subparagraphs (C) and (D), and

(C)

by redesignating subparagraph (E) as subparagraph (C).

SEC. 4011. Interstate Data Matching to Prevent Multiple Issuances.

Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020), as amended by section 4005(c), is amended by adding at the end the following:

“(x) National Accuracy Clearinghouse.—

“(1) Definition of indication of multiple issuance.—In this subsection, the term ‘indication of multiple issuance’ means an indication, based on a computer match, that supplemental nutrition assistance program benefits are being issued to an individual by more than 1 State agency simultaneously.

“(2) Establishment.—

“(A) In general.—The Secretary shall establish an interstate data system, to be known as the ‘National Accuracy Clearinghouse’, to prevent multiple issuances of supplemental nutrition assistance program benefits to an individual by more than 1 State agency simultaneously.

“(B) Data matching.—The Secretary shall require that State agencies make available to the National Accuracy Clearinghouse only such information as is necessary for the purpose described in subparagraph (A).

“(C) Data protection.—The information made available by State agencies under subparagraph (B)—

“(i) shall be used only for the purpose described in subparagraph (A);

“(ii) shall be exempt from the disclosure requirements of section 552(a) of title 5 of the United States Code pursuant to section 552(b)(3) of title 5 of the United States Code, to the extent such information is obtained or received by the Secretary;

“(iii) shall not be retained for longer than is necessary to accomplish the purpose in subparagraph (A);

“(iv) shall be used in a manner that protects the identity and location of a vulnerable individual (including a victim of domestic violence) that is an applicant for, or recipient of, supplemental nutrition assistance program benefits; and

“(v) shall meet security standards as determined by the Secretary.

“(3) Issuance of interim final regulations.—Not later than 18 months after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall promulgate regulations (which shall include interim final regulations) to carry out this subsection that—

“(A) incorporate best practices and lessons learned from the pilot program under section 4032(c) of the Agricultural Act of 2014 (7 U.S.C. 2036c(c));

“(B) require a State agency to take appropriate action, as determined by the Secretary, with respect to each indication of multiple issuance of supplemental nutrition assistance program benefits, or each indication that an individual receiving such benefits in 1 State has applied to receive such benefits in another State, while ensuring timely and fair service to applicants for, and recipients of, such benefits;

“(C) establish standards to limit and protect the information submitted through or retained by the National Accuracy Clearinghouse consistent with paragraph (2)(C);

“(D) establish safeguards to protect—

“(i) the information submitted through or retained by the National Accuracy Clearinghouse, including by limiting the period of time that information is retained to the period necessary to accomplish the purpose described in paragraph (2)(A); and

“(ii) the privacy of information that is submitted through or retained by the National Accuracy Clearinghouse consistent with subsection (e)(8); and

“(E) include such other rules and standards the Secretary determines appropriate to carry out this subsection.

“(4) Timing.—The initial match and corresponding actions required by paragraph (3)(B) shall occur within 3 years after the date of the enactment of the Agriculture Improvement Act of 2018.”

SEC. 4012. Requirement of Live-Production Environments for Certain Pilot Projects Relating to Cost Sharing for Computerization.

Section 16(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(g)(1)) is amended—

(1)

in subparagraph (F) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;

(2)

by redesignating subparagraphs (A) through (F) as clauses (i) through (vi), respectively, and indenting appropriately;

(3)

in the matter preceding clause (i), as so redesignated—

(A)

by striking “ paragraphs (2) and (3)” and inserting “ paragraph (2)”; and

(B)

by striking “ in the planning” and inserting the following:

“(A) planning”

(4)

in clause (v), as so redesignated, of subparagraph (A), as so designated, by striking “ implementation, including through pilot projects in limited areas for major systems changes as determined under rules promulgated by the Secretary, data from which” and inserting the following:

“(I) such testing shall be accomplished through pilot projects in limited areas for major systems changes (as determined under rules promulgated by the Secretary);

“(II) each pilot project described in subclause (I) that is carried out before the implementation of a system shall be conducted in a live-production environment; and

“(III) the data resulting from each pilot project carried out under this clause”

(5)

in clause (vi), as so redesignated, by striking the period at end and inserting “ ; and”, and

(6)

by adding at the end the following:

“(B) operation of 1 or more automatic data processing and information retrieval systems that the Secretary determines may continue to be operated in accordance with clauses (i) through (vii) of subparagraph (A).”

SEC. 4013. Quality Control Improvements.

(a)

Records.— Section 11(a)(3)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(a)(3)(B)) is amended—

(1)

by striking “ Records described” and inserting “ All records, and the entire information systems in which records are contained, that are covered”, and

(2)

by amending clause (i) to read as follows:

“(i) be made available for inspection and audit by the Secretary, subject to data and security protocols agreed to by the State agency and Secretary;”

(b)

Quality Control System.— Section 16(c)(1)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)(B)) is amended to read as follows:

“(B) Quality control system integrity.—

“(i) In general.—Not later than 180 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall issue interim final regulations that—

“(I) ensure that the quality control system established under this subsection produces valid statistical results;

“(II) provide for oversight of contracts entered into by a State agency for the purpose of improving payment accuracy;

“(III) ensure the accuracy of data collected under the quality control system established under this subsection; and

“(IV) for each fiscal year, to the maximum extent practicable, provide for the evaluation of the integrity of the quality control process of not fewer than 2 State agencies, selected in accordance with criteria determined by the Secretary.

“(ii) Debarment.—In accordance with the nonprocurement debarment procedures under part 417 of title 2, Code of Federal Regulations, or successor regulations, the Secretary shall debar any person that, in carrying out the quality control system established under this subsection, knowingly submits, or causes to be submitted, false information to the Secretary.”

(c)

Reporting Requirements.— The 1st sentence of section 16(c)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(4)) is amended by inserting “ , including providing access to applicable State records and the entire information systems in which the records are contained,” after “ necessary”.

(d)

State Performance Indicators.— Section 16(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is amended—

(1)

by striking the heading and inserting “ State Performance Indicators”,

(2)

in paragraph (2)—

(A)

in the heading by striking “ and thereafter” and inserting “ through 2017”,

(B)

in subparagraph (A) by striking “ and each fiscal year thereafter” and inserting “ through fiscal year 2017”, and

(C)

in subparagraph (B) by striking “ and each fiscal year thereafter” and inserting “ through fiscal year 2017”, and

(3)

by adding at the end the following:

“(6) Fiscal year 2018 and fiscal years thereafter.—

“(A) With respect to fiscal year 2018 and each fiscal year thereafter, the Secretary shall establish, by regulation, performance criteria relating to—

“(i) actions taken to correct errors, reduce rates of error, and improve eligibility determinations; and

“(ii) other indicators of effective administration determined by the Secretary.

“(B) The Secretary shall not award performance bonus payments to State agencies in fiscal year 2019 for fiscal year 2018 performance.”

(e)

Cost Sharing for Computerization.— Section 16(g)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(g)(1)(A)), as amended by section 4012, is amended—

(1)

in clause (v)(III) by striking “ and”, and

(2)

by adding at the end the following:

“(vii) would be accessible by the Secretary for inspection and audit under section 11(a)(3)(B); and”

SEC. 4014. Evaluation of Child Support Enforcement Cooperation Requirements.

Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended by adding at the end the following:

“(m) Evaluation of Child Support Enforcement Cooperation Requirements.—

“(1) In general.—The Secretary, in consultation with the Secretary of Health and Human Services, shall conduct an independent evaluation of a representative sample of States—

“(A) to assess the implementation and impact of the eligibility requirements described in subsections (l) through (n) of section 6 in States that have formerly implemented or continue to implement those requirements, and the feasibility of implementing those requirements in other States;

“(B) to assess the factors that contributed to the decision of States that formerly implemented the eligibility requirements described in each of subsections (l) through (n) of section 6 to cease such implementation;

“(C) to review alternatives to the eligibility requirements described in each of subsections (l) through (n) of section 6 that are used by other States to assist participants in the supplemental nutrition assistance program to make or receive child support payments and the effectiveness of those alternatives; and

“(D) to evaluate the costs and benefits to households and to State agencies, of requiring State agencies to implement each of the eligibility requirements described in subsections (l) through (n) of section 6.

“(2) Evaluation.—The evaluation under paragraph (1) shall include, to the maximum extent practicable, an assessment of—

“(A) the manner in which applicable State agencies implement and enforce the eligibility requirements described in subparagraph (A) of such paragraph, including—

“(i) the procedures used by each State to determine cooperation, to sanction participants for failure to cooperate, and to determine good cause for noncooperation under each of subsections (l) through (n) of section 6; and

“(ii) the manner in which each State aligns the procedures for implementing those eligibility requirements with procedures for implementing other Federal programs that require cooperation with child support enforcement, including the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), and programs carried out under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.);

“(B) the Federal, State, and local costs associated with implementing those eligibility requirements, including costs incurred under this Act and by child support enforcement agencies for personnel, technology upgrades, and other costs;

“(C) the effect of those eligibility requirements on the establishment of new child support orders, the establishment of paternity, changes in child support payments to custodial households, and changes in arrears owed on child support orders;

“(D) with respect to the eligibility requirements under each of subsections (l) through (n) of section 6—

“(i) the number of individuals subject to those requirements;

“(ii) the number of individuals in each State who meet those requirements; and

“(iii) the number of individuals in each State who fail to meet those requirements;

“(E) the number of individuals in each State for whom good cause for noncooperation has been found under section 6(l)(2);

“(F) the impact of those eligibility requirements on the supplemental nutrition assistance program eligibility, benefit levels, food security, income, and economic stability of—

“(i) individuals subject to those requirements;

“(ii) the household members of those individuals, including children; and

“(iii) households with nontraditional family structures, including a household in which a grandparent is the primary caretaker of a grandchild of the grandparent.

“(3) State agency cooperation.—Each State agency selected under paragraph (1) shall provide information to the Secretary necessary to conduct the evaluation under such paragraph.

“(4) Report.—Not later than 3 years after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the findings from the evaluation conducted under paragraph (1).”

SEC. 4015. Longitudinal Data for Research.

(a)

Longitudinal Data.— Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026), as amended by section 4014, is amended by adding at the end the following:

“(n) Longitudinal Data for Research.—

“(1) In general.—Subject to paragraphs (3) through (5), a State agency may, on approval by the Secretary, establish a longitudinal database that contains information about households and members of households that receive benefits under the supplemental nutrition assistance program in the State.

“(2) Purpose.—Each longitudinal database established under paragraph (1) shall be used solely to conduct research on participation in and the operation of the supplemental nutrition assistance program, including duration of participation in the program.

“(3) Requirements for databases.—Prior to the approval of State agencies to establish longitudinal databases under paragraph (1), the Secretary shall—

“(A) identify features that shall be standard across States such as database format to facilitate use of longitudinal databases established under paragraph (1) for research purposes;

“(B) identify features of longitudinal databases established under paragraph (1) that may vary across States;

“(C) identify a procedure for States operating longitudinal databases under paragraph (1) to use a unique identifier to provide relevant information on household members who receive benefits under the supplemental nutrition assistance program for the purpose of comparing participation data in multiple participating States over time while protecting participant privacy;

“(D) establish the manner in which data security and privacy protections, as required by Federal law and consistent with other appropriate practices, shall be implemented and maintained;

“(E) provide direction to State agencies on the responsibilities of and funding arrangements for State agencies and any State contractors (including entities providing technical assistance) relating to the establishment and operation of a longitudinal database;

“(F) provide a description of the documentation that States shall submit to the Secretary prior to allowing researchers access to a longitudinal database;

“(G) consult with other Federal research agencies, including the Bureau of the Census;

“(H) consult with States that have already established databases used for purposes similar to the purposes outlined in this subsection; and

“(I) identify any other requirements determined appropriate by the Secretary.

“(4) Included data.—

“(A) In general.—Subject to subparagraph (B), each longitudinal database established under paragraph (1)—

“(i) shall include monthly information about households and members of households that receive benefits under the supplemental nutrition assistance program in the participating State taken from existing information collected by the State agency including, if available,—

“(I) demographic characteristics;

“(II) income and financial resources (as described in section 5(g));

“(III) employment status;

“(IV) household circumstances, such as deductible expenses; and

“(V) the amount of the monthly allotment received under the supplemental nutrition assistance program; and

“(ii) may include information from other State data sources such as—

“(I) earnings and employment data from the State department of labor;

“(II) health insurance program data; or

“(III) data from participation in other programs administered by the State.

“(B) Data protection.—Any State that establishes a longitudinal database under paragraph (1) shall, in accordance with all applicable Federal and State privacy standards and requirements—

“(i) protect the privacy of information about each member of each household that receives benefits under the supplemental nutrition assistance program in such State by ensuring that no personally identifiable information (including social security number, home address, or contact information) is included in the longitudinal database; and

“(ii) make the data under this paragraph available to researchers and the Secretary.

“(5) Approval.—The Secretary shall approve the establishment of longitudinal databases under paragraph (1) in States that—

“(A) meet the requirements for databases under paragraph (3) and (4)(B);

“(B) reflect a range of participant numbers, demographics, operational structures, and geographic regions; and

“(C) have the capacity to provide on a periodic and ongoing basis household and participant data derived from the eligibility system and other data sources of the State.

“(6) Grants.—

“(A) In general.—In carrying out this subsection, the Secretary may provide grants to States that have been approved by the Secretary in accordance with paragraph (5) out of funds made available under paragraph (9).

“(B) Method of awarding grants.—Grants awarded under this paragraph shall be made in such amounts and under such terms and conditions as the Secretary determines necessary to carry out the purposes of this subsection.

“(7) Report.—

“(A) In general.—Not later than 4 years after the effective date of this subsection, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the feasibility of expanding implementation of longitudinal databases to every State.

“(B) Contents.—The report required under subparagraph (A) shall describe—

“(i) the cost of expanding implementation of longitudinal databases with consistent data to every State;

“(ii) the challenges and benefits of using State longitudinal databases with consistent data; and

“(iii) alternatives to expanding implementation of longitudinal databases with consistent data to every State that may achieve similar research outcomes and the advantages and disadvantages of those alternatives.

“(8) Effect.—Nothing in this subsection shall be construed to prevent or limit the ability of State agencies to establish or continue operating databases used for purposes similar to the purposes outlined in this subsection.

“(9) Funding.—Of the funds made available under section 18, the Secretary shall use to carry out this subsection—

“(A) $20,000,000 for fiscal year 2019 to remain available through fiscal year 2021; and

“(B) $5,000,000 for fiscal year 2022 and each fiscal year thereafter.”

(b)

Conforming Amendment.— The 1st sentence of section 16(a) of the Food and Nutrition Act of 2008 is amended—

(1)

by striking “ and (8)” and inserting “ (8)”; and

(2)

by inserting “ , and (9) establishing and operating a longitudinal database in accordance with section 17(n)” before “ : Provided”.

SEC. 4016. Authorization of Appropriations.

The 1st sentence of section 18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)(1)) is amended by striking “ 2018” and inserting “ 2023”.

SEC. 4017. Assistance for Community Food Projects.

Section 25(b)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(b)(2)) is amended—

(1)

in subparagraph (B) by striking “ and” at the end,

(2)

in subparagraph (C) by striking “ fiscal year 2015 and each fiscal year thereafter.” and inserting “ each of fiscal years 2015 through 2018; and”, and

(3)

by adding at the end the following:

“(D) $5,000,000 for fiscal year 2019 and each fiscal year thereafter.”

SEC. 4018. Emergency Food Assistance Program.

(a)

State Plan.— Section 202A(b) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7503(b)) is amended—

(1)

in paragraph (3), by striking “ and” after the semicolon;

(2)

in paragraph (4), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following:

“(5) at the option of the State agency, describe a plan of operation for 1 or more projects in partnership with 1 or more emergency feeding organizations located in the State to harvest, process, package, or transport donated commodities received under section 203D(d); and

“(6) describe a plan, which may include the use of a State advisory board established under subsection (c), that provides emergency feeding organizations or eligible recipient agencies within the State an opportunity to provide input on the commodity preferences and needs of the emergency feeding organization or eligible recipient agency.”

(b)

State and Local Supplementation of Commodities.— Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507) is amended by adding at the end the following:

“(d) Projects to Harvest, Process, Package, or Transport Donated Commodities.—

“(1) Definition of project.—In this subsection, the term ‘project’ means the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations under subsection (a).

“(2) Federal funding for projects.—

“(A) In general.—Subject to subparagraphs (B) and (C) and paragraph (3), using funds made available under paragraph (5), the Secretary may provide funding to States to pay for the costs of carrying out a project.

“(B) Federal share.—The Federal share of the cost of a project under subparagraph (A) shall not exceed 50 percent of the total cost of the project.

“(C) Allocation.—

“(i) In general.—Each fiscal year, the Secretary shall allocate the funds made available under subparagraph (A), based on a formula determined by the Secretary, to States that have submitted a State plan describing a plan of operation for a project under section 202A(b)(5).

“(ii) Reallocation.—If the Secretary determines that a State will not expend all of the funds allocated to the State for a fiscal year under clause (i), the Secretary shall reallocate the unexpended funds to other States that have submitted under section 202A(b)(5) a State plan describing a plan of operation for a project during that fiscal year or the subsequent fiscal year, as the Secretary determines appropriate.

“(iii) Reports.—Each State to which funds are allocated for a fiscal year under this subparagraph shall, on a regular basis, submit to the Secretary financial reports describing the use of the funds.

“(3) Project purposes.—A State may only use Federal funds received under paragraph (2) for a project the purposes of which are—

“(A) to reduce food waste at the agricultural production, processing, or distribution level through the donation of food;

“(B) to provide food to individuals in need; and

“(C) to build relationships between agricultural producers, processors, and distributors and emergency feeding organizations through the donation of food.

“(4) Cooperative agreements.—The Secretary may encourage a State agency that carries out a project using Federal funds received under paragraph (2) to enter into cooperative agreements with State agencies of other States under section 203B(d) to maximize the use of commodities donated under the project.

“(5) Funding.—Out of funds not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $4,000,000 for each of fiscal years 2019 through 2023, to remain available until the end of the subsequent fiscal year.”

(c)

Food Waste.— Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507), as amended by subsection (b), is amended by adding at the end the following:

“(e) Food Waste.—The Secretary shall issue guidance outlining best practices to minimize the food waste of the commodities donated under subsection (a).”

(d)

Emergency Food Program Infrastructure Grants.— Section 209(d) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7511a(d)) is amended by striking “ 2018” and inserting “ 2023”.

(e)

Availability of Commodities for the Emergency Food Assistance Program.— Section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) is amended—

(1)

in paragraph (1), by striking “ 2018” and inserting “ 2023”; and

(2)

in paragraph (2)—

(A)

in subparagraph (C), by striking “ 2018” and inserting “ 2023”;

(B)

in subparagraph (D)—

(i)

in the matter preceding clause (i), by striking “ 2018” and inserting “ 2023”;

(ii)

in clause (iii), by striking “ and” after the semicolon;

(iii)

in clause (iv), by striking “ and” after the semicolon;

(iv)

by adding at the end the following:

“(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”

; and

(C)

in subparagraph (E)—

(i)

by striking “ 2019” and inserting “ 2024”;

(ii)

by striking “ (D)(iv)” and inserting “ (D)(ix)”; and

(iii)

by striking “ June 30, 2017” and inserting “ June 30, 2023”.

SEC. 4019. Nutrition Education.

Section 28(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a(c)) is amended—

(1)

in paragraph (2)—

(A)

in subparagraph (B)—

(i)

in the matter preceding clause (i), by striking “ Except as provided in subparagraph (C), a” and inserting “ A”,

(ii)

in clause (ii) by striking “ and” after the semicolon,

(iii)

by redesignating clause (iii) as clause (iv), and

(iv)

by inserting after clause (ii) the following:

“(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”

, and

(B)

by striking subparagraph (C),

(2)

in paragraph (3)(B) in the matter preceding clause (i), by inserting “ , the Director of the National Institute of Food and Agriculture,” before “ and outside stakeholders”,

(3)

in paragraph (5) by inserting “ the expanded food and nutrition education program or” before “ other health promotion”, and

(4)

by adding at the end the following:

“(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.

“(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

“(B) includes the use of funds on such programs including State agency administrative costs reported by States under paragraph (8)(A).”

SEC. 4020. Retail Food Store and Recipient Trafficking.

Section 29(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036b(c)(1)) is amended by striking “ 2018” and inserting “ 2023”.

SEC. 4021. Public-Private Partnerships.

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following:

“SEC. 30. PILOT PROJECTS TO ENCOURAGE THE USE OF PUBLIC-PRIVATE PARTNERSHIPS COMMITTED TO ADDRESSING FOOD INSECURITY.

“(a) In General.—The Secretary may, on application of eligible entities, approve not more than 10 pilot projects to support public-private partnerships that address food insecurity and poverty.

“(b) Definitions.—For purposes of this section—

“(1) the term ‘eligible entity’ means—

“(A) a nonprofit organization;

“(B) a community-based organization;

“(C) an institution of higher education; or

“(D) a private entity, as determined by the Secretary; and

“(2) the term ‘public agency’ means a department, agency, other unit, or instrumentality of Federal, State, or local government.

“(c) Project Requirements.—Projects approved under this section shall—

“(1) be limited to 2 years in length; and

“(2) include a collaboration between one or more public agencies and one or more eligible entities that—

“(A) improves the effectiveness and impact of the supplemental nutrition assistance program;

“(B) develops food security solutions that are specific to the needs of a community or region; and

“(C) strengthens the capacity of communities to address food insecurity and poverty.

“(d) Evaluation.—The Secretary shall provide for an independent evaluation of pilot projects approved under this section that includes—

“(1) a summary of the activities conducted under the pilot projects;

“(2) an assessment of the effectiveness of the pilot projects; and

“(3) best practices regarding the use of public-private partnerships to improve the effectiveness of public benefit programs to address food insecurity and poverty.

“(e) Funding.—

“(1) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $5,000,000 to remain available until expended.

“(2) Appropriation in advance.—Only funds appropriated under paragraph (1) in advance specifically to carry out this section shall be available to carry out this section.”

SEC. 4022. Technical Corrections.

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—

(1)

in section 3—

(A)

in subsections (d) and (i) by striking “ 7(i)” and inserting “ 7(h)”, and

(B)

in subsection (o)(1)(A) by striking “ (r)(1)” and inserting “ (q)(1)”,

(2)

in section 5(a) by striking “ and section” each place it appears and all that follows through “ households” the respective next place it appears, and inserting “ and section 3(m)(4), households”,

(3)

in subsections (e)(1) and (f)(1)(A)(i) of section 8 by striking “ 3(n)(5)” and inserting “ 3(m)(5)”,

(4)

in the 1st sentence of section 10—

(A)

by striking “ or the Federal Savings and Loan Insurance Corporation” each place it appears, and

(B)

by striking “ 3(p)(4)” and inserting “ 3(o)(4)”,

(5)

in section 11—

(A)

in subsection (a)(2) by striking “ 3(t)(1)” and inserting “ 3(s)(1)”, and

(B)

in subsection (d)—

(i)

by striking “ 3(t)(1)” each place it appears and inserting “ 3(s)(1)”, and

(ii)

by striking “ 3(t)(2)” each place it appears and inserting “ 3(s)(2)”, and

(C)

in subsection (e)—

(i)

in paragraph (17) by striking “ 3(t)(1)” inserting “ 3(s)(1)”, and

(ii)

in paragraph (23) by striking “ Simplified Supplemental Nutrition Assistance Program” and inserting “ simplified supplemental nutrition assistance program”,

(6)

in section 15(e) by striking “ exchange” and all that follows through “ anything”, and inserting “ exchange for benefits, or anything”,

(7)

in section 17(b)(1)(B)(iv)(III)(aa) by striking “ 3(n)” and inserting “ 3(m)”,

(8)

in section 25(a)(1)(B)(i)(I) by striking the 2d semicolon at the end, and

(9)

in section 26(b) by striking “ out” and all that follows through “ (referred”, and inserting “ out a simplified supplemental nutrition assistance program (referred”.

Subtitle B Commodity Distribution Programs

SEC. 4101. Commodity Distribution Program.

The 1st sentence of section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) is amended by striking “ 2018” and inserting “ 2023”.

SEC. 4102. Commodity Supplemental Food Program.

Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1) by striking “ 2018” and inserting “ 2023”, and

(B)

in paragraph (2)(B), in the matter preceding clause (i), by striking “ 2018” and inserting “ 2023”,

(2)

in subsection (d)(2), in the 1st sentence, by striking “ 2018” and inserting “ 2023”, and

(3)

in subsection (g)—

(A)

by striking “ Except” and inserting the following:

“(1) In general.—Except”

, and

(B)

by adding at the end the following:

“(2) Certification.—

“(A) Definition of certification period.—In this paragraph, the term ‘certification period’ means the period during which a participant in the commodity supplemental food program in a State may continue to receive benefits under the commodity supplemental food program without a formal review of the eligibility of the participant.

“(B) Minimum certification period.—Subject to subparagraphs (C) and (D), a State shall establish for the commodity supplemental food program of the State a certification period of—

“(i) not less than 1 year; but

“(ii) not more than 3 years.

“(C) Temporary certification.—An eligible applicant for the commodity supplemental food program in a State may be provided with a temporary monthly certification to fill any caseload slot resulting from nonparticipation by certified participants.

“(D) Approvals.—A certification period of more than 1 year established by a State under subparagraph (B) shall be subject to the approval of the Secretary, who shall approve such a certification period on the condition that, with respect to each participant receiving benefits under the commodity supplemental food program of the State, the local agency in the State administering the commodity supplemental food program, on an annual basis during the certification period applicable to the participant—

“(i) verifies the address and continued interest of the participant; and

“(ii) has sufficient reason to determine that the participant still meets the income eligibility standards under paragraph (1), which may include a determination that the participant has a fixed income.”

SEC. 4103. Distribution of Surplus Commodities to Special Nutrition Projects.

Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e(a)(2)(A)) is amended by striking “ 2018” and inserting “ 2023”.

SEC. 4104. Food Donation Standards.

Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507), as amended by section 4018(c), is amended by adding at the end the following:

“(f) Food Donation Standards.—

“(1) Definitions.—In this subsection:

“(A) Apparently wholesome food.—The term ‘apparently wholesome food’ has the meaning given the term in section 22(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(b)).

“(B) Institution of higher education.—The term ‘institution of higher education’ has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

“(C) Qualified direct donor.—The term ‘qualified direct donor’ means a retail food store, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education.

“(2) Guidance.—

“(A) In general.—Not later than 180 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall issue guidance to promote awareness of donations of apparently wholesome food protected under section 22(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(c)) by qualified direct donors in compliance with applicable State and local health, food safety, and food handling laws (including regulations).

“(B) Issuance.—The Secretary shall encourage State agencies and emergency feeding organizations to share the guidance issued under subparagraph (A) with qualified direct donors.”

Subtitle C Miscellaneous

SEC. 4201. Seniors Farmers’ Market Nutrition Program.

Section 4402(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007(a)) is amended by striking “ 2018” and inserting “ 2023”.

SEC. 4202. Purchase of Fresh Fruits and Vegetables for Distribution to Schools and Service Institutions.

Section 10603(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c-4(b)) is amended by striking “ 2018” and inserting “ 2023”.

SEC. 4203. Service of Traditional Foods in Public Facilities.

Section 4033(d)(1) of the Agricultural Act of 2014 (128 Stat. 818) is amended—

(1)

by striking “ and” the 1st place it appears,

(2)

by inserting “ , a State, a county or county equivalent, a local educational agency, and an entity or person authorized to facilitate the donation, storage, preparation, or serving of traditional food by the operator of a food service program” after “ organization”, and

(3)

by inserting “ storage, preparation, or” after “ donation to or”.

SEC. 4204. Healthy Food Financing Initiative.

Section 243 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6953) is amended—

(1)

in subsection (a), by inserting “ and enterprises” after “ retailers”;

(2)

in subsection (b)(3)(B)(iii), by inserting “ and enterprises” after “ retailers”; and

(3)

in subsection (c)(2)(B)(ii), by inserting “ as applicable,” before “ to accept”.

SEC. 4205. The Gus Schumacher Nutrition Incentive Program.

(a)

Amendment to Program.— Section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) is amended—

(1)

by striking the heading and inserting “ the gus schumacher nutrition incentive program”,

(2)

in subsection (a)—

(A)

by amending paragraph (1) to read as follows:

“(1) Eligible entity.—The term ‘eligible entity’ means a governmental agency or nonprofit organization.”

(B)

in paragraph (3) by striking “ means the” and all that follows through the period at the end, and inserting the following:

“(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).”

, and

(C)

by adding at the end the following:

“(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.”

(3)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in subparagraph (B) by striking “ The” and inserting “ Except as provided in subparagraph (D)(iii), the”,

(ii)

in subparagraph (C) by adding at the end the following:

“(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.”

(iii)

by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), and

(iv)

by inserting after subparagraph (A) the following:

“(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.”

(B)

in paragraph (2)—

(i)

by amending subparagraph (A) to read as follows:

“(A) In general.—To receive a grant under this subsection, an eligible entity shall—

“(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 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).”

(ii)

in subparagraph (B)—

(I)

by striking clause (v),

(II)

by redesignating clause (vi) as clause (x), and

(III)

by inserting after clause (iv) the following:

“(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”

, and

(C)

by striking paragraphs (3) and (4),

(4)

in subsection (c)—

(A)

in paragraph (1) by striking “ subsection (b) $5,000,000 for each of fiscal years 2014 through 2018” and inserting “ this section $5,000,000 for each of fiscal years 2014 through 2023”, and

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking “ subsection (b)” and inserting “ this section”,

(ii)

in subparagraph (B) by striking “ and” at the end,

(iii)

in subparagraph (C) by striking the period at the end and inserting a semicolon, and

(iv)

by adding at the end the following:

“(C) $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.”

(5)

by redesignating subsection (c) as subsection (f), and

(6)

by inserting after subsection (b) the following:

“(c) Produce Prescription Program.—

“(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.

“(d) Applicability.—

“(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).

“(e) Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers.—

“(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 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or

“(vi) other appropriate entities as determined by the Secretary.”

(b)

Conforming Amendment.— The table of contents of the Food, Conservation, and Energy Act of 2008 (Public Law 113–188) is amended by striking the item relating to section 4405 and inserting the following:

“Sec. 4405. The Gus Schumacher nutrition incentive program.”.

SEC. 4206. Micro-Grants for Food Security.

(a)

Purpose.— The purpose of this section is to increase the quantity and quality of locally grown food through small-scale gardening, herding, and livestock operations in food insecure communities in areas of the United States that have significant levels of food insecurity and import a significant quantity of food.

(b)

Definitions.— In this section:

(1)

Eligible entity.— The term “eligible entity” means an entity that—

(A)

is—

(i)

an individual;

(ii)

an Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304);

(iii)

a nonprofit organization engaged in increasing food security, as determined by the Secretary, including—

(I)

a religious organization;

(II)

a food bank; or

(III)

a food pantry;

(iv)

a federally funded educational facility, including—

(I)

a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.);

(II)

a public elementary school or public secondary school;

(III)

a public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001));

(IV)

a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))); or

(V)

a job training program; or

(v)

a local or Tribal government that may not levy local taxes under State or Federal law; and

(B)

is located in an eligible State.

(2)

Eligible state.— The term “eligible State” means—

(A)

the State of Alaska;

(B)

the State of Hawaii;

(C)

American Samoa;

(D)

the Commonwealth of the Northern Mariana Islands;

(E)

the Commonwealth of Puerto Rico;

(F)

the Federated States of Micronesia;

(G)

Guam;

(H)

the Republic of the Marshall Islands;

(I)

the Republic of Palau; and

(J)

the United States Virgin Islands.

(c)

Establishment.— The Secretary shall distribute funds to the agricultural department or agency of each eligible State for the competitive distribution of subgrants to eligible entities to increase the quantity and quality of locally grown food in food insecure communities, including through small-scale gardening, herding, and livestock operations.

(d)

Distribution of Funds.—

(1)

In general.— Of the amount made available under subsection (g), the Secretary shall distribute—

(A)

40 percent to the State of Alaska;

(B)

40 percent to the State of Hawaii; and

(C)

2.5 percent to each eligible State described in any of subparagraphs (C) through (J) of subsection (b)(2).

(2)

Carryover of funds.— Funds distributed under paragraph (1) shall remain available until expended.

(3)

Administrative funds.— An eligible State that receives funds under paragraph (1) may use not more than 3 percent of those funds—

(A)

to administer the competition for providing subgrants to eligible entities in that eligible State;

(B)

to provide oversight of the subgrant recipients in that eligible State; and

(C)

to collect data and submit a report to the Secretary under subsection (f)(2).

(e)

Subgrants to Eligible Entities.—

(1)

Amount of subgrants.—

(A)

In general.— The amount of a subgrant to an eligible entity under this section shall be—

(i)

in the case of an eligible entity that is an individual, not greater than $5,000 per year; and

(ii)

in the case of an eligible entity described in any of clauses (ii) through (v) of subsection (b)(1)(A), not greater than $10,000 per year.

(B)

Matching requirement.— As a condition of receiving a subgrant under this section, an eligible entity shall provide funds equal to 10 percent of the amount received by the eligible entity under the subgrant, to be derived from non-Federal sources. A State may waive the matching requirement for an individual who otherwise meets the requirements to receive a subgrant by the eligible State.

(C)

Project period.— Funds received by an eligible entity that is awarded a subgrant under this section shall remain available for expenditure not later than 3 years after the date the funds are received.

(2)

Priority.— In carrying out the competitive distribution of subgrants under subsection (c), an eligible State may give priority to an eligible entity that—

(A)

has not previously received a subgrant under this section; or

(B)

is located in a community or region in that eligible State with the highest degree of food insecurity, as determined by the agricultural department or agency of the eligible State.

(3)

Projects.— An eligible State may provide subgrants to 2 or more eligible entities to carry out the same project.

(4)

Use of subgrant funds by eligible entities.— An eligible entity that receives a subgrant under this section shall use the funds to engage in activities that will increase the quantity and quality of locally grown food for food insecure individuals, families, neighborhoods, and communities, including by—

(A)

purchasing gardening tools or equipment, soil, soil amendments, seeds, plants, animals, canning equipment, refrigeration, or other items necessary to grow and store food;

(B)

purchasing or building composting units;

(C)

purchasing or building towers designed to grow leafy green vegetables;

(D)

expanding an area under cultivation or engaging in other activities necessary to be eligible to receive funding under the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) for a high tunnel;

(E)

engaging in an activity that extends the growing season;

(F)

starting or expanding hydroponic and aeroponic farming of any scale;

(G)

building, buying, erecting, or repairing fencing for livestock, poultry, or reindeer;

(H)

purchasing and equipping a slaughter and processing facility approved by the Secretary;

(I)

traveling to participate in agricultural education provided by—

(i)

a State cooperative extension service;

(ii)

a land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));

(iii)

a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)));

(iv)

an Alaska Native-serving institution or a Native Hawaiian-serving institution (as such terms are defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))); or

(v)

a Federal or State agency;

(J)

paying for shipping of purchased items relating to growing or raising food for local consumption or purchase;

(K)

creating or expanding avenues for—

(i)

the sale of food commodities, specialty crops, and meats that are grown by the eligible entity for sale in the local community; or

(ii)

increasing the availability of fresh, locally grown, and nutritious food; and

(L)

engaging in other activities relating to increasing food security (including subsistence), as determined by the Secretary.

(5)

Eligibility for other financial assistance.— An eligible entity shall not be ineligible to receive financial assistance under another program administered by the Secretary as a result of receiving a subgrant under this section.

(f)

Reporting Requirement.—

(1)

Subgrant recipients.— As a condition of receiving a subgrant under this section, an eligible entity shall agree to submit to the eligible State in which the eligible entity is located a report—

(A)

not later than 60 days after the end of the project funded by the subgrant; and

(B)

that describes the use of the subgrants by eligible entities, the quantity of food grown through small-scale gardening, herding, and livestock operations, and the number of food insecure individuals fed as a result of the subgrant.

(2)

Report to the secretary.— Not later than 120 days after the date on which an eligible State receives a report from each eligible entity in that State under paragraph (1), the eligible State shall submit to the Secretary a report that describes, in the aggregate, the information and data contained in the reports received from those eligible entities.

(g)

Funding.—

(1)

Authorization of appropriations.— There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2019 and each fiscal year thereafter, to remain available until expended.

(2)

Appropriations in advance.— Only funds appropriated under paragraph (1) in advance specifically to carry out this section shall be available to carry out this section.

SEC. 4207. Buy American Requirements.

(a)

Enforcement.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall—

(1)

enforce full compliance with the requirements of section 12(n) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(n)) for purchases of agricultural commodities, including fish, meats, vegetables, and fruits, and the products thereof, and

(2)

ensure that States and school food authorities fully understand their responsibilities under such Act.

(b)

Requirement.— The products of the agricultural commodities described in subsection (a)(1) shall be processed in the United States and substantially contain—

(1)

meats, vegetables, fruits, and other agricultural commodities produced in—

(A)

a State,

(B)

the District of Columbia,

(C)

the Commonwealth of Puerto Rico, or

(D)

any territory or possession of the United States, or

(2)

fish harvested—

(A)

within the Exclusive Economic Zone of the United States, as described in Presidential Proclamation 5030 (48 Fed. Reg. 10605; March 10, 1983), or

(B)

by a United States flagged vessel.

(c)

Report.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the actions the Secretary has taken, and plans to take, to comply with this section.

SEC. 4208. Healthy Fluid Milk Incentives Projects.

(a)

Definition of Fluid Milk.— In this section the term “fluid milk” means all varieties of pasteurized cow’s milk that—

(1)

is without flavoring or sweeteners,

(2)

is consistent with the most recent dietary recommendations,

(3)

is packaged in liquid form, and

(4)

contains vitamins A and D at levels consistent with the Food and Drug Administration, State, and local standards for fluid milk.

(b)

Projects.— The Secretary of Agriculture shall carry out, under such terms and conditions as the Secretary considers to be appropriate, healthy fluid milk incentive projects to develop and test methods to increase the purchase and consumption of fluid milk by members of households that receive supplemental nutrition assistance program benefits by providing an incentive for the purchase of fluid milk at the point of purchase to members of households purchasing food with supplemental nutrition assistance program benefits.

(c)

Grants or Cooperative Agreements.—

(1)

In general.— To carry out this section, the Secretary, on a competitive basis, shall enter into cooperative agreements with, or provide grants to, governmental entities or nonprofit organizations for projects that meet the purpose and selection criteria specified in this subsection.

(2)

Application.— To be eligible to enter into a cooperative agreement or receive a grant under this subsection, a government entity or nonprofit organization shall submit to the Secretary an application containing such information as the Secretary may require.

(3)

Selection criteria.— Projects proposed in applications shall be evaluated against publicly disseminated criteria that shall incorporate a scientifically based strategy that is designed to improve diet quality and nutritional outcomes through the increased purchase of fluid milk by members of households that participate in the supplemental nutrition assistance program.

(4)

Use of funds.— Funds made available to carry out this section shall not be used for any project that limits the use of benefits provided under the Food and Nutrition Act of 2008.

(d)

Evaluation and Reporting.—

(1)

Evaluation.—

(A)

Independent evaluation.—

(i)

In general.— The Secretary shall provide for an independent evaluation of projects selected under this section that measures, to the maximum extent practicable, the impact on health and nutrition.

(ii)

Requirement.— The independent evaluation under this subparagraph shall use rigorous methodologies, particularly random assignment or other methods that are capable of producing scientifically valid information regarding which activities are effective.

(B)

Costs.— The Secretary may use funds not to exceed 7 percent of the funding provided to carry out this section to pay costs associated with evaluating the outcomes of the healthy fluid milk incentive projects.

(2)

Reporting.— Not later than December 31 of 2020, and biennially thereafter, the Secretary shall 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—

(A)

the status of each healthy fluid milk incentives project, and

(B)

the results of any completed evaluation that—

(i)

include, to the maximum extent practicable, the impact of the healthy fluid milk incentive projects on health and nutrition outcomes among households participating in such projects, and

(ii)

have not been submitted in a previous report under this paragraph.

(3)

Public dissemination.— In addition to the reporting requirements under paragraph (2), evaluation results shall be shared publicly to promote wide use of successful strategies.

(e)

Funding.—

(1)

Authorization of appropriations.— There is authorized to be appropriated $20,000,000 to carry out and evaluate the outcomes of projects under this section, to remain available until expended.

(2)

Appropriations in advance.— Only funds appropriated under paragraph (1) in advance specifically to carry out this section shall be available to carry out this section.