Library / Laws / 113th / hr / H.R. 3102 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 3102
IN THE HOUSE OF REPRESENTATIVES
September 16, 2013
Mr. Lucas introduced
the following bill; which was referred to the
Committee on Agriculture,
and in addition to the Committees on Education and the Workforce and
Foreign Affairs, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To amend the Food and Nutrition Act of 2008; and for
other purposes.
1.
Short title; table of
contents
(a)
Short
title
This Act may be cited
as the Nutrition Reform and Work
Opportunity Act of 2013.
(b)
Table of
contents
The table of
contents of this Act is the following:
Sec. 1. Short title; table of contents.
Title I—Supplemental nutrition assistance program
Sec. 101. Preventing payment of cash to recipients of
supplemental nutrition assistance benefits for the return of empty bottles and
cans used to contain food purchased with benefits provided under the
program.
Sec. 102. Retailers.
Sec. 103. Enhancing services to elderly and disabled
supplemental nutrition assistance program participants.
Sec. 104. Food distribution program on Indian
reservations.
Sec. 105. Updating program eligibility.
Sec. 106. Exclusion of medical marijuana from excess medical
expense deduction.
Sec. 107. Standard utility allowances based on the receipt of
energy assistance payments.
Sec. 108. Eligibility disqualifications.
Sec. 109. Repeal of State work program waiver
authority.
Sec. 110. Ending supplemental nutrition assistance program
benefits for lottery or gambling winners.
Sec. 111. Improving security of food assistance.
Sec. 112. Demonstration projects on acceptance of benefits of
mobile transactions.
Sec. 113. Use of benefits for purchase of community-supported
agriculture share.
Sec. 114. Restaurant meals program.
Sec. 115. Mandating State immigration verification.
Sec. 116. Data exchange standardization for improved
interoperability.
Sec. 117. Pilot projects to improve Federal-State cooperation
in identifying and reducing fraud in the supplemental nutrition assistance
program.
Sec. 118. Prohibiting Government-sponsored recruitment
activities.
Sec. 119. Repeal of bonus program.
Sec. 120. Funding of employment and training
programs.
Sec. 121. Monitoring employment and training
programs.
Sec. 122. Cooperation with program research and
evaluation.
Sec. 123. Pilot projects to reduce dependency and increase work
effort in the supplemental nutrition assistance program.
Sec. 124. Authorization of appropriations.
Sec. 125. Limitation on use of block grant to Puerto
Rico.
Sec. 126. Assistance for community food projects.
Sec. 127. Emergency food assistance.
Sec. 128. Nutrition education.
Sec. 129. Retailer trafficking.
Sec. 130. Technical and conforming amendments.
Sec. 131. Tolerance level for excluding small
errors.
Sec. 132. Commonwealth of the Northern Mariana Islands pilot
program.
Sec. 133. Annual State report on verification of SNAP
participation.
Sec. 134. Termination of existing agreement.
Sec. 135. Service of traditional foods in public
facilities.
Sec. 136. Testing applicants for unlawful use of controlled
substances.
Sec. 137. Eligibility disqualifications for certain convicted
felons.
Sec. 138. Expungement of unused supplemental nutrition
assistance program benefits.
Sec. 139. Pilot projects to promote work and increase State
accountability in the supplemental nutrition assistance program.
Sec. 140. Improved wage verification using the National
Directory of New Hires.
Sec. 141. Feasibility study for Indian tribes.
Title II—Commodity distribution programs
Sec. 201. Commodity distribution program.
Sec. 202. Commodity supplemental food program.
Sec. 203. Distribution of surplus commodities to special
nutrition projects.
Sec. 204. Processing of commodities.
Title III—Miscellaneous
Sec. 301. Farmers’ market nutrition program.
Sec. 302. Nutrition information and awareness pilot
program.
Sec. 303. Fresh fruit and vegetable program.
Sec. 304. Additional authority for purchase of fresh fruits,
vegetables, and other specialty food crops.
Sec. 305. Encouraging locally and regionally grown and raised
food.
Sec. 306. Review of public health benefits of white
potatoes.
Sec. 307. Healthy Food Financing Initiative.
Sec. 308. Review of sole-source contracts in Federal nutrition
programs.
Sec. 309. Purchase of Halal and Kosher food for emergency food
assistance program.
I
Supplemental
nutrition assistance program
101.
Preventing
payment of cash to recipients of supplemental nutrition assistance benefits for
the return of empty bottles and cans used to contain food purchased with
benefits provided under the program
Section 3(k)(1) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(k)(1)) is amended—
(1) by striking and hot foods
and inserting hot foods; and
(2) by adding at the
end the following: and any deposit fee in excess of amount of the State
fee reimbursement (if any) required to purchase any food or food product
contained in a returnable bottle or can, regardless of whether such fee is
included in the shelf price posted for such food or food
product,.
102.
Retailers
(a)
Definition of
retail food store
Section 3(p)(1)(A) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(p)(1)(A)) is amended by striking at least
2 and inserting at least 3.
(b)
Alternative
benefit delivery
Section 7(f) of the Food and Nutrition Act of
2008 (7 U.S.C. 2016(f)) is amended—
(1) by striking
paragraph (2) and inserting the following:
(2)
Imposition of
costs
(A)
In
general
Except as provided in subparagraph (B), the Secretary
shall require participating retailers (including restaurants participating in a
State option restaurant program intended to serve the elderly, disabled, and
homeless) to pay 100 percent of the costs of acquiring, and arrange for the
implementation of, electronic benefit transfer point-of-sale equipment and
supplies.
(B)
Exemptions
The
Secretary may exempt from subparagraph (A)—
(i) farmers’ markets
and other direct-to-consumer markets, military commissaries, nonprofit food
buying cooperatives, and establishments, organizations, programs, or group
living arrangements described in paragraphs (5), (7), and (8) of section 3(k);
and
(ii) establishments
described in paragraphs (3), (4), and (9) of section 3(k), other than
restaurants participating in a State option restaurant
program.
;
and
(2) by adding at the
end the following:
(4)
Termination of
manual vouchers
(A)
In
general
Effective beginning on the effective date of this
paragraph, except as provided in subparagraph (B), no State shall issue manual
vouchers to a household that receives supplemental nutrition assistance under
this Act or allow retailers to accept manual vouchers as payment, unless the
Secretary determines that the manual vouchers are necessary, such as in the
event of an electronic benefit transfer system failure or a disaster
situation.
(B)
Exemptions
The
Secretary may exempt categories of retailers or individual retailers from
subparagraph (A) based on criteria established by the Secretary.
(5)
Unique
identification number required
In an effort to enhance the antifraud
protections of the program, the Secretary shall require all parties providing
electronic benefit transfer services to provide for and maintain a unique
business identification and a unique terminal identification number information
through the supplemental nutrition assistance program electronic benefit
transfer transaction routing system. In developing the regulations implementing
this paragraph, the Secretary shall consider existing commercial practices for
other point-of-sale debit transactions. The Secretary shall issue proposed
regulations implementing this paragraph not earlier than 2 years after the date
of enactment of this
paragraph.
.
(c)
Electronic
benefit transfers
Section 7(h)(3)(B) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016(h)(3)(B)) is amended by striking is
operational— and all that follows through (ii) in the case of
other participating stores, and inserting is
operational.
(d)
Approval of
retail food stores and wholesale food concerns
Section 9 of the Food and Nutrition Act of
2008 (7 U.S.C. 2018) is amended—
(1) in the 2d sentence of subsection (a)(1) by
striking ; and (C) and inserting ; (C) whether the
applicant is located in an area with significantly limited access to food; and
(D); and
(2) by adding at the end the following:
(g)
EBT service
requirement
An approved
retail food store shall provide adequate EBT service as described in section
7(h)(3)(B).
.
103.
Enhancing
services to elderly and disabled supplemental nutrition assistance program
participants
(a)
Enhancing
services to elderly and disabled program participants
Section
3(p) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is
amended—
(1) in paragraph (3)
by striking and at the end,
(2) in paragraph (4)
by striking the period at the end and inserting ; and,
and
(3) by inserting after
paragraph (4) the following:
(5) a governmental or
private nonprofit food purchasing and delivery service that—
(A) purchases food
for, and delivers such food to, individuals who are—
(i) unable to shop for
food; and
(ii)
(I) not less than 60 years
of age; or
(II) physically or mentally handicapped or
otherwise disabled;
(B) clearly notifies
the participating household at the time such household places a food
order—
(i) of
any delivery fee associated with the food purchase and delivery provided to
such household by such service; and
(ii) that a delivery
fee cannot be paid with benefits provided under supplemental nutrition
assistance program; and
(C) sells food
purchased for such household at the price paid by such service for such food
and without any additional cost
markup.
.
(b)
Implementation
(1)
Issuance of
rules
The Secretary of
Agriculture shall issue regulations that—
(A) establish criteria
to identify a food purchasing and delivery service referred to in section
3(p)(5) of the Food and Nutrition Act of 2008 as amended by this Act,
and
(B) establish
procedures to ensure that such service—
(i) does
not charge more for a food item than the price paid by the such service for
such food item,
(ii) offers food
delivery service at no or low cost to households under such Act,
(iii) ensures that
benefits provided under the supplemental nutrition assistance program are used
only to purchase food, as defined in section 3 of such Act,
(iv) limits the
purchase of food, and the delivery of such food, to households eligible to
receive services described in section 3(p)(5) of such Act as so amended,
(v) has
established adequate safeguards against fraudulent activities, including
unauthorized use of electronic benefit cards issued under such Act, and
(vi) such other
requirements as the Secretary deems to be appropriate.
(2)
Limitation
Before the issuance of rules under
paragraph (1), the Secretary of Agriculture may not approve more than 20 food
purchasing and delivery services referred to in section 3(p)(5) of the Food and
Nutrition Act of 2008 as amended by this Act, to participate as retail food
stores under the supplemental nutrition assistance program.
104.
Food
distribution program on Indian reservations
Section 4(b)(6)(F) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2013(b)(6)(F)) is amended by striking 2012
and inserting 2016.
105.
Updating
program eligibility
Section 5
of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—
(1) in the 2d sentence of subsection (a) by
striking households in which each member receives benefits and
inserting households in which each member receives cash
assistance, and
(2) in subsection (j) by striking or who
receives benefits under a State program and inserting or who
receives cash assistance under a State program.
106.
Exclusion of
medical marijuana from excess medical expense deduction
Section 5(e)(5) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(e)(5)) is amended by adding at the end the
following:
(C)
Exclusion of
medical marijuana
The
Secretary shall promulgate rules to ensure that medical marijuana is not
treated as a medical expense for purposes of this
paragraph.
.
107.
Standard
utility allowances based on the receipt of energy assistance payments
(a)
Standard utility
allowances in the supplemental nutrition assistance program
Section 5(e)(6)(C) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(C)) is amended—
(1) in clause (i) by
inserting , subject to clause (iv) after
Secretary; and
(2) by striking
subclause (I) of clause (iv) and inserting the following:
(I)
In
general
Subject to subclause (II), if a State agency elects to
use a standard utility allowance that reflects heating and cooling costs, the
standard utility allowance shall be made available to households that received
a payment, or on behalf of which a payment was made, under the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) or other similar energy
assistance program, if in the current month or in the immediately preceding 12
months, the household either received such payment, or such payment was made on
behalf of the household, that was greater than $20 annually, as determined by
the Secretary.
;
and
(b)
Conforming
amendment
Section 2605(f)(2)(A) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(f)(2)(A)) is amended by inserting before
the semicolon the following: , except that, for purposes of the
supplemental nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such payments or allowances were
greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that
Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the Secretary of
Agriculture.
(c)
Effective date
and implementation
(1)
In
general
Except as provided in paragraph (2), this section and the
amendments made by this section shall take effect on October 1, 2013, and shall
apply with respect to certification periods that begin after such date.
(2)
State option to
delay implementation for current recipients
A State may, at the
option of the State, implement a policy that eliminates or reduces the effect
of the amendments made by this section on households that received a standard
utility allowance as of the date of enactment of this Act, for not more than a
180-day period that begins on the date on which such amendments would otherwise
apply to the respective household.
108.
Eligibility
disqualifications
Section
6(e)(3)(B) of Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)(3)(B)) is
amended by striking section; and inserting the following:
section, subject to the condition that the course or program of
study—
(i) is
part of a program of career and technical education (as defined in section 3 of
the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302)) that may be completed in not more than 4 years at an institution of
higher education (as defined in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)); or
(ii) is limited to
remedial courses, basic adult education, literacy, or English as a second
language;
.
109.
Repeal of State work
program waiver authority
Section 6(o) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015(o)) is amended—
(1) in paragraph
(2)(D) by striking (5), or (6) and inserting or
(5);
(2) by striking
paragraph (4);
(3) in paragraph
(6)—
(A) in subparagraph
(A)(ii)—
(i) by
striking subclause (II);
(ii) in
subclause (V) by striking (5) and inserting (4);
and
(iii) by
redesignating subclauses (III), (IV), and (V) as subclauses (II), (III), and
(IV), respectively;
(B) in subparagraph
(B) by striking (G) and inserting (H);
(C) in subparagraph
(D) by striking and each subsequent fiscal year and inserting
through fiscal year 2013;
(D) in subparagraph
(F) by striking and each subsequent fiscal year and inserting
through fiscal year 2013; and
(E) by adding at the
end the following:
(H)
Fiscal year 2014
and thereafter
Subject to
subparagraph (G), for fiscal year 2014 and each subsequent fiscal year, a State
agency may provide a number of exemptions such that the average monthly number
of the exemptions in effect during the fiscal year does not exceed 15 percent
of the number of individuals identified as Nondisabled Adults Age 18-49
in Childless Households in the table B.5 Distribution of
Participating Households by Household Composition and by State of the
report entitled Characteristics of Supplemental Nutrition Assistance Program
Households: Fiscal Year 2011 (Supplemental Nutrition Assistance Program Report
No. SNAP–12–CHAR) prepared for and published by the Office of Research and
Analysis of the Food and Nutrition Service of the Department of Agriculture in
November 2012.
;
and
(4) by redesignating
paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6),
respectively.
110.
Ending
supplemental nutrition assistance program benefits for lottery or gambling
winners
(a)
In
general
Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C.
2015) is amended by adding at the end the following:
(r)
Ineligibility
for benefits due to receipt of substantial lottery or gambling
winnings
(1)
In
general
Any household in which a member receives substantial
lottery or gambling winnings, as determined by the Secretary, shall lose
eligibility for benefits immediately upon receipt of the winnings.
(2)
Duration of
ineligibility
A household described in paragraph (1) shall remain
ineligible for participation until the household meets the allowable financial
resources and income eligibility requirements under subsections (c), (d), (e),
(f), (g), (i), (k), (l), (m), and (n) of section 5.
(3)
Agreements
As
determined by the Secretary, each State agency, to the maximum extent
practicable, shall establish agreements with entities responsible for the
regulation or sponsorship of gaming in the State to determine whether
individuals participating in the supplemental nutrition assistance program have
received substantial lottery or gambling
winnings.
.
(b)
Conforming
amendments
Section 5(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(a)) is amended in the 2d sentence by striking sections 6(b),
6(d)(2), and 6(g) and inserting subsections (b), (d)(2), (g),
and (r) of section 6.
111.
Improving security
of food assistance
Section
7(h)(8) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(8)) is
amended—
(1) in the heading by
striking card
fee and inserting of cards;
(2) by striking
A State and inserting the following:
(A)
Fees
A
State
;
and
(3) by adding after
subparagraph (A) (as so designated by paragraph (2)) the following:
(B)
Purposeful loss
of cards
(i)
In
general
Subject to terms and conditions established by the
Secretary in accordance with clause (ii), if a household makes excessive
requests for replacement of the electronic benefit transfer card of the
household, the Secretary may require a State agency to decline to issue a
replacement card to the household unless the household, upon request of the
State agency, provides an explanation for the loss of the card.
(ii)
Requirements
The
terms and conditions established by the Secretary shall provide that—
(I) the household be
given the opportunity to provide the requested explanation and meet the
requirements under this paragraph promptly;
(II) after an
excessive number of lost cards, the head of the household shall be required to
review program rights and responsibilities with State agency personnel
authorized to make determinations under section 5(a); and
(III) any action
taken, including actions required under section 6(b)(2), other than the
withholding of the electronic benefit transfer card until an explanation
described in subclause (I) is provided, shall be consistent with the due
process protections under section 6(b) or 11(e)(10), as appropriate.
(C)
Protecting
vulnerable persons
In implementing this paragraph, a State agency
shall act to protect homeless persons, persons with disabilities, victims of
crimes, and other vulnerable persons who lose electronic benefit transfer cards
but are not intentionally committing fraud.
(D)
Effect on
eligibility
While a State may decline to issue an electronic
benefits transfer card until a household satisfies the requirements under this
paragraph, nothing in this paragraph shall be considered a denial of, or
limitation on, the eligibility for benefits under section
5.
.
112.
Demonstration
projects on acceptance of benefits of mobile transactions
Section 7(h) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2016(h)) is amended by adding at the end the
following:
(14)
Demonstration
projects on acceptance of benefits of mobile transactions
(A)
In
general
The Secretary shall pilot the use of mobile technologies
determined by the Secretary to be appropriate to test the feasibility and
implications for program integrity, by allowing retail food stores, farmers
markets, and other direct producer-to-consumer marketing outlets to accept
benefits from recipients of supplemental nutrition assistance through mobile
transactions.
(B)
Demonstration
projects
To be eligible to participate in a demonstration project
under subsection (a), a retail food store, farmers market, or other direct
producer-to-consumer marketing outlet shall submit to the Secretary for
approval a plan that includes—
(i) a
description of the technology;
(ii) the manner by
which the retail food store, farmers market or other direct
producer-to-consumer marketing outlet will provide proof of the transaction to
households;
(iii) the provision of
data to the Secretary, consistent with requirements established by the
Secretary, in a manner that allows the Secretary to evaluate the impact of the
demonstration on participant access, ease of use, and program integrity;
and
(iv) such other
criteria as the Secretary may require.
(C)
Date of
completion
The demonstration projects under this paragraph shall
be completed and final reports submitted to the Secretary by not later than
July 1, 2016.
(D)
Report to
congress
The Secretary shall submit a report to the Committee on
Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate that includes a finding, based on the
data provided under subparagraph (C) whether or not implementation in all
States is in the best interest of the supplemental nutrition assistance
program.
.
113.
Use of benefits
for purchase of community-supported agriculture share
Section 10 of the Food and Nutrition Act of
2008 (7 U.S.C. 2019) is amended in the 1st sentence by inserting
agricultural producers who market agricultural products directly to
consumers shall be authorized to redeem benefits for the initial cost of the
purchase of a community-supported agriculture share, after food
so purchased,.
114.
Restaurant
meals program
(a)
In
general
Section 11(e) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended—
(1) in paragraph (22) by striking
and at the end;
(2) in paragraph (23)(C) by striking the period
at the end and inserting ; and; and
(3) by adding at the end the following:
(24) if the State elects to carry out a program
to contract with private establishments to offer meals at concessional prices,
as described in paragraphs (3), (4), and (9) of section 3(k)—
(A) the plans of the State agency for operating
the program, including—
(i) documentation of a
need that eligible homeless, elderly, and disabled clients are underserved in a
particular geographic area;
(ii) the manner by
which the State agency will limit participation to only those private
establishments that the State determines necessary to meet the need identified
in clause (i); and
(iii) any other
conditions the Secretary may prescribe, such as the level of security necessary
to ensure that only eligible recipients participate in the program; and
(B) a report by the
State agency to the Secretary annually, the schedule of which shall be
established by the Secretary, that includes—
(i) the number of
households and individual recipients authorized to participate in the program,
including any information on whether the individual recipient is elderly,
disabled, or homeless; and
(ii) an assessment of
whether the program is meeting an established need, as documented under
subparagraph
(A)(i).
.
(b)
Approval of
retail food stores and wholesale food concerns
Section 9 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2018) is amended by adding at the end
the following:
(h)
Private
establishments
(1)
In
general
Subject to paragraph (2), no private establishment that
contracts with a State agency to offer meals at concessional prices as
described in paragraphs (3), (4), and (9) of section 3(k) may be authorized to
accept and redeem benefits unless the Secretary determines that the
participation of the private establishment is required to meet a documented
need in accordance with section 11(e)(24).
(2)
Existing
contracts
(A)
In
general
If, on the day before the effective date of this
subsection, a State has entered into a contract with a private establishment
described in paragraph (1) and the Secretary has not determined that the
participation of the private establishment is necessary to meet a documented
need in accordance with section 11(e)(24), the Secretary shall allow the
operation of the private establishment to continue without that determination
of need for a period not to exceed 180 days from the date on which the
Secretary establishes determination criteria, by regulation, under section
11(e)(24).
(B)
Justification
If
the Secretary determines to terminate a contract with a private establishment
that is in effect on the effective date of this subsection, the Secretary shall
provide justification to the State in which the private establishment is
located for that termination.
(3)
Report to
Congress
Not later than 90 days after September 30, 2014, and 90
days after the last day of each fiscal year thereafter, the Secretary shall
report to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of a program under this subsection using any information received
from States under section 11(e)(24) as well as any other information the
Secretary may have relating to the manner in which benefits are
used.
.
(c)
Conforming
amendments
Section 3(k) of the Food and Nutrition Act of 2008 (7
U.S.C. 2012(k)) is amended by inserting subject to section 9(h)
after concessional prices each place it appears.
115.
Mandating State
immigration verification
Section 11(p) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2020(p)) is amended to read as follows:
(p)
State
verification option
In
carrying out the supplemental nutrition assistance program, a State agency
shall be required to use an income and eligibility, or an immigration status,
verification system established under section 1137 of the Social Security Act
(42 U.S.C. 1320b–7), in accordance with standards set by the
Secretary.
.
116.
Data exchange
standardization for improved interoperability
(a)
Data exchange
standardization
Section 11 of the Food and Nutrition Act of 2008
(7 U.S.C. 2020) is amended by adding at the end the following:
(v)
Data exchange
standards for improved interoperability
(1)
Designation
The
Secretary shall, in consultation with an interagency work group established by
the Office of Management and Budget, and considering State government
perspectives, designate data exchange standards to govern, under this
part—
(A) necessary
categories of information that State agencies operating such programs are
required under applicable law to electronically exchange with another State
agency; and
(B) Federal reporting
and data exchange required under applicable law.
(2)
Requirements
The
data exchange standards required by paragraph (1) shall, to the extent
practicable—
(A) incorporate a
widely accepted, non-proprietary, searchable, computer-readable format, such as
the eXtensible Markup Language;
(B) contain
interoperable standards developed and maintained by intergovernmental
partnerships, such as the National Information Exchange Model;
(C) incorporate
interoperable standards developed and maintained by Federal entities with
authority over contracting and financial assistance;
(D) be consistent with
and implement applicable accounting principles;
(E) be implemented in
a manner that is cost-effective and improves program efficiency and
effectiveness; and
(F) be capable of
being continually upgraded as necessary.
(3)
Rules of
construction
Nothing in this subsection shall be construed to
require a change to existing data exchange standards for Federal reporting
found to be effective and
efficient.
.
(b)
Effective
Date
The Secretary shall issue a proposed rule within 24 months
after the date of the enactment of this Act. The rule shall identify federally
required data exchanges, include specification and timing of exchanges to be
standardized, and address the factors used in determining whether and when to
standardize data exchanges. It should also specify state implementation options
and describe future milestones.
117.
Pilot projects
to improve Federal-State cooperation in identifying and reducing fraud in the
supplemental nutrition assistance program
Section 12 of the Food and Nutrition Act of
2008 (7 U.S.C. 2021) is amended by adding at the end the following:
(i)
Pilot projects
To improve Federal-State cooperation in identifying and reducing fraud in the
supplemental nutrition assistance program
(1)
In
general
The Secretary shall
carry out, under such terms and conditions as determined by the Secretary,
pilot projects to test innovative Federal-State partnerships to identify,
investigate, and reduce retailer fraud in the supplemental nutrition assistance
program, including allowing States to operate retail Food Store investigation
programs. At least 1 such pilot project shall be carried out in an urban area
that is among the 10 largest urban areas in the United States (based on
population) if the supplemental nutrition assistance program is separately
administered in such area and if the administration of such program in such
area complies with the other applicable requirements of such program.
(2)
Selection
criteria
Pilot projects shall be selected based on criteria the
Secretary establishes, which shall include—
(A) enhancing existing
efforts by the Secretary to reduce retailer fraud;
(B) requiring
participant States to maintain their overall level of effort at addressing
recipient fraud, as determined by the Secretary, prior to participation in the
pilot project;
(C) collaborating with
other law enforcement authorities as necessary to carry out an effective pilot
project;
(D) commitment of the
participant State agency to follow Federal rules and procedures with respect to
retailer investigations; and
(E) the extent to
which a State has committed resources to recipient fraud and the relative
success of those efforts.
(3)
Evaluation
(A) The Secretary
shall evaluate the projects selected under this subsection to measure the
impact of the pilot projects.
(B) Such evaluation
shall include—
(i) each pilot
project’s impact on increasing the Secretary’s capacity to address retailer
fraud;
(ii) the effectiveness
of the pilot projects in identifying, preventing and reducing retailer fraud;
and
(iii) the cost
effectiveness of such pilot projects.
(4)
Report to
congress
Not later than September 30, 2017, 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 the results of each pilot project, including an
evaluation of the impact of the project on retailer fraud and the costs
associated with each pilot project.
(5)
Funding
Any
costs incurred by the State to operate the pilot projects in excess of the
amount expended under this Act for retailer fraud in the respective State in
the previous fiscal year shall not be eligible for Federal reimbursement under
this
Act.
.
118.
Prohibiting
government-sponsored recruitment activities
(a)
Administrative
cost-Sharing and quality control
Section 16(a)(4) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(a)(4)) is amended by inserting after
recruitment activities the following: designed to
persuade an individual to apply for program benefits or that promote the
program via television, radio, or billboard advertisements.
(b)
Limitation on
use of funds authorized To be appropriated under Act
Section 18 of the Food and Nutrition Act of
2008 (7 U.S.C. 2027) is amended by adding at the end the following:
(g)
Ban on
recruitment and promotion activities
(1) Except as provided in paragraph (2), no
funds authorized to be appropriated under this Act shall be used by the
Secretary for—
(A) recruitment activities designed to
persuade an individual to apply for supplemental nutrition assistance program
benefits;
(B) television, radio, or billboard
advertisements that are designed to promote supplemental nutrition assistance
program benefits and enrollment; or
(C) any agreements with foreign governments
designed to promote supplemental nutrition assistance program benefits and
enrollment.
(2) Paragraph (1)(B) shall not apply to
programmatic activities undertaken with respect to benefits made available in
response to a natural
disaster.
.
(c)
Ban on
recruitment activities by entities that receive funds
Section 18 of the Food and Nutrition Act of
2008 (7 U.S.C. 2027) is amended by adding at the end the following :
(h)
Ban on
recruitment by entities that receive funds
The Secretary shall issue regulations that
forbid entities that receive funds under this Act to compensate any person for
conducting outreach activities relating to participation in, or for recruiting
individuals to apply to receive benefits under, the supplemental nutrition
assistance program if the amount of such compensation would be based on the
number of individuals who apply to receive such
benefits.
.
119.
Repeal of bonus
program
Section 16(d) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is repealed.
120.
Funding of
employment and training programs
Section 16(h)(1)(A) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025(h)(1)(A)) is amended by striking
$90,000,000 and all that follows through
$79,000,000, and inserting $79,000,000 for each fiscal
year.
121.
Monitoring
employment and training programs
(a)
Reporting
measures
Section 16(h)(5) of the Food and Nutrition Act of 2008
(7 U.S.C. 2025(h)(5)) is amended to read:
(5)
(A)
In
general
The Secretary shall monitor the employment and training
programs carried out by State agencies under section 6(d)(4) and assess their
effectiveness in—
(i) preparing members of households
participating in the supplemental nutrition assistance program for employment,
including the acquisition of basic skills necessary for employment; and
(ii) increasing the numbers of
household members who obtain and retain employment subsequent to their
participation in such employment and training programs.
(B)
Reporting measures
The
Secretary, in consultation with the Secretary of Labor, shall develop reporting
measures that identify improvements in the skills, training education or work
experience of members of households participating in the supplemental nutrition
assistance program. Measures shall be based on common measures of performance
for federal workforce training programs, so long as they reflect the challenges
facing the types of members of households participating in the supplemental
nutrition assistance program who participate in a specific employment and
training component. The Secretary shall require that each State employment and
training plan submitted under section 11(e)(19) identify appropriate reporting
measures for each of their proposed components that serve at least 100 people.
Such measures may include:
(i) the percentage and number of
program participants who received employment and training services and are in
unsubsidized employment subsequent to the receipt of those services;
(ii) the percentage and number of
program participants who obtain a recognized postsecondary credential,
including a registered apprenticeship, or a regular secondary school diploma or
its recognized equivalent, while participating in or within 1 year after
receiving employment and training services;
(iii) the percentage and number of
program participants who are in an education or training program that is
intended to lead to a recognized postsecondary credential, including a
registered apprenticeship or on-the-job training program, a regular secondary
school diploma or its recognized equivalent, or unsubsidized employment;
(iv) subject to the terms and
conditions set by the Secretary, measures developed by each State agency to
assess the skills acquisition of employment and training program participants
that reflect the goals of their specific employment and training program
components, which may include, but are not limited to—
(I) the percentage and number of program
participants who are meeting program requirements in each component of the
State’s education and training program; and
(II) the percentage and number of program
participants who are gaining skills likely to lead to employment as measured
through testing, quantitative or qualitative assessment or other method;
and
(v) other indicators as approved by the
Secretary.
(C)
State report
Each
State agency shall annually prepare and submit to the Secretary a report on the
State’s employment and training program that includes the numbers of
supplemental nutrition assistance program participants who have gained skills,
training, work or experience that will increase their ability to obtain regular
employment using measures identified in subparagraph (B).
(D)
Modifications to the state
employment and training plan
Subject to the terms and conditions
established by the Secretary, if the Secretary determines that the state
agency’s performance with respect to employment and training outcomes is
inadequate, the Secretary may require the State agency to make modifications to
their employment and training plan to improve such outcomes.
(E)
Periodic evaluation
(i)
In general
Subject
to terms and conditions established by the Secretary, not later than October 1,
2016, and not less frequently than once every 5 years thereafter, the Secretary
shall conduct a study to review existing practice and research to identify
employment and training program components and practices that—
(I) effectively assist members of households
participating in the supplemental nutrition assistance program in gaining
skills, training, work, or experience that will increase their ability to
obtain regular employment, and
(II) are best integrated with statewide
workforce development systems.
(ii)
Report to
congress
The Secretary shall submit a report that describes the
results of the study under clause (i) to the Committee on Agriculture in the
House of Representatives, and the Committee on Agriculture, Nutrition and
Forestry in the
Senate.
.
(b)
Effective
date
Notwithstanding section 4(c) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(a)), the Secretary shall issue interim final regulations
implementing the amendment made by subsection (a) no later than 18 months after
the date of enactment of this Act. States shall include such reporting measures
in their employment and training plans for the 1st fiscal year thereafter that
begins no sooner than 6 months after the date that such regulations are
published.
122.
Cooperation
with program research and evaluation
Section 17 of the Food and Nutrition Act of
2008 (7 U.S.C. 2026) is amended by adding at the end the following:
(l)
Cooperation with
program research and evaluation
States, State agencies, local
agencies, institutions, facilities such as data consortiums, and contractors
participating in programs authorized under this Act shall cooperate with
officials and contractors acting on behalf of the Secretary in the conduct of
evaluations and studies under this Act and shall submit information at such
time and in such manner as the Secretary may
require.
.
123.
Pilot projects
to reduce dependency and increase work effort in the supplemental nutrition
assistance program
Section 17
of the Food and Nutrition Act of 2008 (7 U.S.C. 2026), as amended by section
121, is amended by adding at the end the following:
(m)
Pilot projects
To reduce dependency and increase work effort in the supplemental nutrition
assistance program
(1)
In
general
The Secretary shall carry out, under such terms and
conditions as the Secretary considers to be appropriate, pilot projects to
identify best practices for employment and training programs under this Act to
raise the number of work registrants who obtain unsubsidized employment,
increase their earned income, and reduce their reliance on public assistance,
including but not limited to the supplemental nutrition assistance
program.
(2)
Selection
criteria
Pilot projects shall be selected based on criteria the
Secretary establishes, that shall include—
(A) enhancing existing
employment and training programs in the State;
(B) agreeing to
participate in the evaluation described in paragraph (3), including making
available data on participants’ employment activities and post-participation
employment, earnings, and public benefit receipt;
(C) collaborating with
the State workforce board and other job training programs in the State and
local area;
(D) the extent to
which the pilot project’s components can be easily replicated by other States
or political subdivisions; and
(E) such additional
criteria that ensure that the pilot projects—
(i) target a variety
of populations of work registrants, including childless adults, parents, and
individuals with low skills or limited work experience;
(ii) are selected from
a range of existing employment and training programs including programs that
provide—
(I) section 20
workfare;
(II) skills
development for work registrants with limited employment history;
(III) post-employment
support services necessary for maintaining employment; and
(IV) education leading
to a recognized postsecondary credential, registered apprenticeship, or
secondary school diploma or its equivalent;
(iii) are located in a
range of geographic areas, including rural, urban, and Indian reservations;
and
(iv) include
participants who are exempt and not exempt under section (6)(d)(2).
(3)
Evaluation
The
Secretary shall provide for an independent evaluation of projects selected
under this subsection to measure the impact of the pilot projects on the
ability of each pilot project target population to find and retain employment
that leads to increased household income and reduced dependency, compared to
what would have occurred in the absence of the pilot project.
(4)
Report to
congress
By September 30, 2017, 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 results of
each pilot project, including an evaluation of the impact of the project on the
employment, income, and public benefit receipt of the targeted population of
work registrants;
(B) the Federal,
State, and other costs of each pilot project;
(C) the planned
dissemination of the reports’ findings with State agencies; and
(D) the steps and
funding necessary to incorporate components of pilot projects that demonstrate
increased employment and earnings into State employment and training
programs.
(5)
Funding
From
amounts made available under section 18(a)(1), the Secretary shall make
$10,000,000 available for each of the fiscal years 2014, 2015, and 2016 to
carry out this subsection. Such amounts shall remain available until
expended.
(6)
Use of
funds
(A) Funds provided
under this subsection for pilot projects shall be used only for—
(i) pilot projects
that comply with the provisions of this Act;
(ii) the costs and
administration of the pilot projects;
(iii) the costs
incurred in providing information and data to the independent evaluation under
paragraph (3); and
(iv) the costs of the
evaluation under paragraph (3).
(B) Funds made
available under this subsection may not be used to supplant non-Federal funds
used for existing employment and training
activities.
.
124.
Authorization
of appropriations
Section
18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)(1)) is amended
in the 1st sentence by striking 2012 and inserting
2016.
125.
Limitation on
use of block grant to Puerto Rico
Section 19(a)(2)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2028(a)(2)(B)) is amended by adding at the end
the following:
(iii)
Limitation on
use of funds
None of the
funds made available to the Commonwealth of Puerto Rico under this subparagraph
may be used to provide nutrition assistance in the form of cash
benefits.
.
126.
Assistance for
community food projects
(a)
Definition
Section 25(a)(1)(B)(i) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2034(a)(1)(B)(i)) is amended—
(1) in subclause (II)
by striking and at the end;
(2) in subclause (III)
by striking or at the end and inserting and;
and
(3) by adding at the
end the following:
(IV) to
provide incentives for the consumption of fruits and vegetables among
low-income individuals;
or
.
(b)
Additional
funding
Section 25(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2034) is amended by adding at the end
the following:
(3)
Funding
(A)
In
general
Out of any funds in
the Treasury not otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this section not less than $10,000,000
for fiscal year 2014 and each fiscal year thereafter. Of the amount made
available under this subparagraph for each such fiscal year, $5,000,000 shall
be available to carry out subsection (a)(1)(B)(I)(IV).
(B)
Receipt and
acceptance
The Secretary shall be entitled to receive, shall
accept, and shall use to carry out this section, the funds transferred under
subparagraph (A) without further appropriation.
(C)
Maintenance of
funding
The funding provided under subparagraph (A) shall
supplement (and not supplant) other Federal funding made available to the
Secretary to carry out this
section.
.
127.
Emergency food
assistance
(a)
Purchase of
commodities
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 2008 through 2012 and inserting 2013 through
2016;
(2) in paragraph (2)
by striking subparagraphs (A), (B), and (C), and inserting the
following:
(A) for fiscal year
2013, $265,750,000;
(B) for fiscal year
2014, the dollar amount of commodities specified in subparagraph (A) adjusted
by the percentage by which the thrifty food plan has been adjusted under
section 3(u)(4) between June 30, 2012 and June 30, 2013, and increased by
$70,000,000;
(C) for fiscal year 2015, the dollar amount of
commodities determined for fiscal year 2014 under subparagraph (B) adjusted by
the percentage by which the thrifty food plan has been adjusted under section
3(u)(4) between June 30, 2013 and June 30, 2014;
(D) for fiscal year 2016, the dollar amount of
commodities determined for fiscal year 2015 under subparagraph (C) adjusted by
the percentage by which the thrifty food plan has been adjusted under section
3(u)(4) between June 30, 2014 and June 30, 2015, and reduced by $50,000,000;
and
(E) for each subsequent fiscal year, the dollar
amount of commodities determined for the preceding fiscal year adjusted to
reflect the percentage by which the thrifty food plan has been adjusted under
section 3(u)(4) for the 12-month period ending on the preceding June
30.
;
and
(3) by adding at the
end the following:
(3)
Funds
availability
For purposes of
the funds described in this subsection, the Secretary shall—
(A) make the funds
available for 2 fiscal years; and
(B) allow States to
carry over unexpended balances to the next fiscal year pursuant to such terms
and conditions as are determined by the
Secretary.
.
(b)
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
2012 and inserting 2016.
128.
Nutrition
education
Section 28 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2036a) is amended—
(1) in subsection (b)
by inserting and physical activity after healthy food
choices; and
(2) in subsection
(d)(1)—
(A) in subparagraph
(D) by striking $401,000,000; and inserting $372,000,000;
and;
(B) by striking subparagraph (E); and
(C) in subparagraph
(F) by striking (F) for fiscal year 2016 and inserting
(E) for fiscal year 2015.
129.
Retailer
trafficking
The Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end
the following:
29.
Retailer
trafficking
(a)
Purpose
The
purpose of this section is to provide the Department of Agriculture with
additional resources to prevent trafficking in violation of this Act by
strengthening recipient and retailer program integrity. Additional funds are
provided to supplement the Department’s payment accuracy, and retailer and
recipient integrity activities.
(b)
Funding
(1)
In
general
Out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to the Secretary to
carry out this section not less than $5,000,000 for fiscal year 2014 and each
fiscal year thereafter.
(2)
Receipt and
acceptance
The Secretary shall be entitled to receive, shall
accept, and shall use to carry out this section the funds transferred under
paragraph (1) without further appropriation.
(3)
Maintenance of
funding
The funding provided under paragraph (1) shall supplement
(and not supplant) other Federal funding for programs carried out under this
Act.
.
130.
Technical and
conforming amendments
(a) Section 3 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended—
(1) in subsection (g)
by striking coupon, the last place it appears and inserting
coupon;
(2) in subsection
(k)(7) by striking or are and inserting
and;
(3) by striking
subsection (l);
(4) by redesignating
subsections (m) through (t) as subsections (l) through (s), respectively;
and
(5) by inserting after
subsection (s) (as so redesignated) the following:
(t) Supplemental
nutritional assistance program means the program operated pursuant to
this
Act.
.
(b) Section 4(a) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2013(a)) is amended by striking
benefits the last place it appears and inserting
Benefits.
(c) Section 5 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—
(1) in the last
sentence of subsection (i)(2)(D) by striking section 13(b)(2)
and inserting section 13(b); and
(2) in subsection
(k)(4)(A) by striking paragraph (2)(H) and inserting
paragraph (2)(G).
(d) Section 6(d)(4) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended—
(1) in subparagraph
(B)(vii) by moving the left margin 4 ems to the left, and
(2) in subparagraph
(F)(iii) by moving the left margin 6 ems to the left.
(e) Section 7(h) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended by
redesignating the 2d paragraph (12) as paragraph (13).
(f) Section 12 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2021) is amended—
(1) in subsection
(b)(3)(C) by striking civil money penalties and inserting
civil penalties; and
(2) in subsection
(g)(1) by striking (7 U.S.C. 1786) and inserting (42
U.S.C. 1786).
(g) Section 15(b)(1)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2024(b)(1)) is amended in the
1st sentence by striking an benefit both places it appears and
inserting a benefit.
(h) Section 16(a) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)) is amended in the proviso
following paragraph (8) by striking , as amended..
(i) Section 18(e) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2027(e)) is amended in the 1st
sentence by striking sections 7(f) and inserting section
7(f).
(j) Section
22(b)(10)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C.
2031(b)(10)(B)(i)) is amended in the last sentence by striking Food
benefits and inserting Benefits.
(k) Section
26(f)(3)(C) of the Food and Nutrition Act of 2008 (7 U.S.C. 2035(f)(3)(C)) is
amended by striking subsection and inserting
subsections.
(l) Section 27(a)(1)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)(1)) is amended by
striking (Public Law 98–8; 7 U.S.C. 612c note) and inserting
(7 U.S.C. 7515).
(m) Section 509 of the
Older Americans Act of 1965 (42 U.S.C. 3056g) is amended in the section heading
by striking food stamp
programs and inserting supplemental nutrition assistance
program.
(n) Section
4115(c)(2)(H) of the Food, Conservation, and Energy Act of 2008 (Public Law
110–246; 122 Stat. 1871) is amended by striking 531 and
inserting 454.
(o) Section 3803(c)(2)(C)(vii) of title 31 of
the United States Code is amended by striking section 3(l) and
inserting section 3(s).
(p) Section 115 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193) is
amended—
(1) in subsection
(a)(2) by striking section 3(l) and inserting section
3(s);
(2) in subsection (b)(2) by striking
section 3(l) and inserting section 3(s);
and
(3) in subsection (e)(2) by striking
section 3(l) and inserting section 3(s).
(q) The Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c) is amended—
(1) in section 4(a) by
striking Food Stamp Act of 1977 and inserting Food and
Nutrition Act of 2008; and
(2) in section
5—
(A) in subsection (i)(1) by striking
Food Stamp Act of 1977 and inserting Food and Nutrition
Act of 2008; and
(B) in subsection (l)(2)(B) by striking
Food Stamp Act of 1977 and inserting Food and Nutrition
Act of 2008.
(r) The Social
Security Act (42 U.S.C. 301 et seq.) is amended—
(1) in the heading of
section 453(j)(10) by striking food stamp and inserting
supplemental nutrition
assistance;
(2) in section 1137—
(A) in subsection
(a)(5)(B) by striking food stamp and inserting
supplemental nutrition assistance; and
(B) in subsection
(b)(4) by striking food stamp program under the Food Stamp Act of
1977 and inserting supplemental nutrition assistance program
under the Food and Nutrition Act of 2008; and
(3) in the heading of
section 1631(n) by striking food stamp and inserting
supplemental
nutrition assistance.
131.
Tolerance level
for excluding small errors
The
Secretary shall set the tolerance level for excluding small errors for the
purposes of section 16(c) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(c))—
(1) for fiscal year
2014 at an amount no greater than $25; and
(2) for each fiscal year thereafter, the amount
specified in paragraph (1) adjusted by the percentage by which the thrifty food
plan is adjusted under section 3(u)(4) of such Act between June 30, 2012, and
June 30 of the immediately preceding fiscal year.
132.
Commonwealth of the
Northern Mariana Islands pilot program
(a)
Study
(1)
In
general
Prior to establishing the pilot program under subsection
(b), the Secretary shall conduct a study to be completed not later than 2 years
after the effective date of this section to assess—
(A) the capabilities of the Commonwealth of the
Northern Mariana Islands to operate the supplemental nutrition assistance
program in the same manner in which the program is operated in the States (as
defined in section 3 of the Food and Nutrition Act (7 U.S.C. 2011 et seq.));
and
(B) alternative models
of the supplemental nutrition assistance program operation and benefit delivery
that best meet the nutrition assistance needs of the Commonwealth of the
Northern Mariana Islands.
(2)
Scope
The
study conducted under paragraph (1)(A) will assess the capability of the
Commonwealth to fulfill the responsibilities of a State agency,
including—
(A) extending and
limiting participation to eligible households, as prescribed by sections 5 and
6 of the Act;
(B) issuing benefits
through EBT cards, as prescribed by section 7 of the Act;
(C) maintaining the
integrity of the program, including operation of a quality control system, as
prescribed by section 16(c) of the Act;
(D) implementing work
requirements, including operating an employment and training program, as
prescribed by section 6(d) of the Act; and
(E) paying a share of
administrative costs with non-Federal funds, as prescribed by section 16(a) of
the Act.
(b)
Establishment
If
the Secretary determines that a pilot program is feasible, the Secretary shall
establish a pilot program for the Commonwealth of the Northern Mariana Islands
to operate the supplemental nutrition assistance program in the same manner in
which the program is operated in the States.
(c)
Scope
The
Secretary shall utilize the information obtained from the study conducted under
subsection (a) to establish the scope of the pilot program established under
subsection (b).
(d)
Report
Not
later than June 30, 2019, 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 pilot program carried out
under this section, including an analysis of the feasibility of operating in
the Commonwealth of the Northern Mariana Islands the supplemental nutrition
assistance program as it is operated in the States.
(e)
Funding
(1)
Study
Of
the funds made available under section 18(a)(1) of the Food and Nutrition Act
of 2008, the Secretary may use not more than $1,000,000 in each of fiscal years
2014 and 2015 to conduct the study described in subsection (a).
(2)
Pilot
program
Of the funds made available under section 18(a)(1) of the
Food and Nutrition Act of 2008, for the purposes of establishing and carrying
out the pilot program established under subsection (b) of this section,
including the Federal costs for providing technical assistance to the
Commonwealth, authorizing and monitoring retail food stores, and assessing
pilot operations, the Secretary may use not more than—
(A) $13,500,000 in
fiscal year 2016; and
(B) $8,500,000 in each
of fiscal years 2017 and 2018.
133.
Annual State
report on verification of SNAP participation
(a)
Annual
report
Not later 1 year after
the date specified by the Secretary in the 180-period beginning on the date of
the enactment of this Act, and annually thereafter, each State agency that
carries out the supplemental nutrition assistance program shall submit to the
Secretary a report containing sufficient information for the Secretary to
determine whether the State agency has, for the then most recently concluded
fiscal year preceding such annual date, verified that households to which such
State agency provided such assistance in such fiscal year—
(1) did not obtain benefits attributable to a
deceased individual;
(2) did not include an
individual who was simultaneously included in a household receiving such
assistance in another State; and
(3) did not include, during the time benefits
were provided, an individual who was then disqualified from receiving
benefits.
(b)
Penalty for
noncompliance
For any fiscal year for which a State agency fails
to comply with subsection (a), the Secretary shall reduce by 50 percent the
amount otherwise payable to such State agency under section 16(a) of the Food
and Nutrition Act of 2008 with respect to such fiscal year.
134.
Termination of
existing agreement
Effective
on the date of the enactment of this Act, the memorandum of understanding
entered into on July 22, 2004, by the Secretary of Agriculture of the United
States Department of Agriculture and the Secretary of Foreign Affairs of the
Republic of Mexico and known as the Partnership for Nutrition Assistance
Initiative is null and void.
135.
Service of
traditional foods in public facilities
(a)
Definitions
In
this section:
(1)
Food service
program
The term food service program
includes—
(A) food service at a
residential child care facility with a license from an appropriate State
agency;
(B) a child nutrition
program (as defined in section 25(b) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769f(b));
(C) food service at a
hospital or clinic or long term care facility; and
(D) a senior meal
program.
(2)
Indian; Indian
tribe; Indian tribal organization
The terms
Indian; Indian tribe; and Indian Tribal
Organization have the meanings given those terms in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(3)
Traditional
food
(A)
In
general
The term traditional food means food that
has traditionally been prepared and consumed by an Indian tribe.
(B)
Inclusions
The
term traditional food includes—
(i) wild
game meat;
(ii) fish;
(iii) seafood;
(iv) marine
mammals;
(v) plants; and
(vi) berries.
(b)
Program
Notwithstanding
any other provision of law, the Secretary shall allow the donation to and
serving of traditional food through a food service program at a public
facility, nonprofit facility, including facilities operated by an Indian tribe
or tribal organization that primarily serves Indians if the operator of the
food service program—
(1) ensures that the
food is received whole, gutted, gilled, as quarters, or as a roast, without
further processing;
(2) makes a reasonable
determination that—
(A) the animal was not
diseased;
(B) the food was
butchered, dressed, transported, and stored to prevent contamination,
undesirable microbial growth, or deterioration; and
(C) the food will not
cause a significant health hazard or potential for human illness;
(3) carries out any
further preparation or processing of the food at a different time or in a
different space from the preparation or processing of other food for the
applicable program to prevent cross-contamination;
(4) cleans and
sanitizes food-contact surfaces of equipment and utensils after processing the
traditional food; and
(5) labels donated
traditional food with the name of the food and stores the traditional food
separately from other food for the applicable program, including through
storage in a separate freezer or refrigerator or in a separate compartment or
shelf in the freezer or refrigerator.
(c)
Liability
Liability
for damages from donated traditional food and products to the participating
food service program shall not be subject to civil or criminal liability
arising from the nature, age, packaging, or condition of donated food.
136.
Testing applicants
for unlawful use of controlled substances
Section 6 of the Food and Nutrition Act of
2008 (7 U.S.C. 2015), as amended by section 109, is amended by adding at the
end the following:
(s)
Testing
applicants for unlawful use of controlled substances
(1) Nothing in this
Act, or in any other Federal law, shall be considered to prevent a State, at
the full cost to such State, from—
(A) enacting legislation to provide for testing
any individual who is a member of a household applying for supplemental
nutrition assistance benefits, for the unlawful use of controlled substances as
a condition for receiving such benefits; and
(B) finding an
individual ineligible to participate in the supplemental nutrition assistance
program on the basis of the positive result of the testing conducted by the
State under such legislation.
(2) For purposes of
this subsection, term controlled substance has the meaning given
such term in section 102 of the Controlled Substances Act ((21 U.S.C.
802).
.
137.
Eligibility
disqualifications for certain convicted felons
(a)
Amendment
Section 6 of the Food and Nutrition Act of
2008 (7 U.S.C. 2015), as amended by sections 109 and 135, is amended by adding
at the end the following:
(t)
Disqualification
for certain convicted felons
(1)
In
general
An individual shall not be eligible for benefits under
this Act if the individual is convicted of—
(A) aggravated sexual
abuse under section 2241 of title 18, United States Code;
(B) murder under
section 1111 of title 18, United States Code;
(C) an offense under
chapter 110 of title 18, United States Code;
(D) a Federal or State
offense involving sexual assault, as defined in 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)); or
(E) an offense under
State law determined by the Attorney General to be substantially similar to an
offense described in subparagraph (A), (B), or (C).
(2)
Effects on
assistance and benefits for others
The amount of benefits
otherwise required to be provided to an eligible household under this Act shall
be determined by considering the individual to whom paragraph (1) applies not
to be a member of such household, except that the income and resources of the
individual shall be considered to be income and resources of the
household.
(3)
Enforcement
Each
State shall require each individual applying for benefits under this Act,
during the application process, to state, in writing, whether the individual,
or any member of the household of the individual, has been convicted of a crime
described in paragraph
(1).
.
(b)
Conforming
amendment
Section 5(a) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)), as amended by section 109,
is amended in the 2d sentence by striking and (r) and inserting
, (r), and (t).
(c)
Inapplicability
to convictions occurring on or before enactment
The amendments made by this section shall
not apply to a conviction if the conviction is for conduct occurring on or
before the date of the enactment of this Act.
138.
Expungement of
unused supplemental nutrition assistance program benefits
Section 11 of the Food and Nutrition Act of
2008 (7 U.S.C. 2020), as amended by section 115, is amended by adding at the
end the following:
(w)
Expungement of
unused benefits
The State
agency shall expunge from the EBT account of a household benefits that are not
used before the expiration of the 60-day period beginning on the date such
benefits are posted to such
account.
.
139.
Pilot projects
to promote work and increase State accountability in the supplemental nutrition
assistance program
(a)
Pilot
projects
Section 17 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2026), as amended by sections 122 and
123, is amended by adding at the end the following:
(n)
Pilot projects
To promote work and increase State accountability in the supplemental nutrition
assistance program
(1)
In
general
The Secretary shall
carry out pilot projects to develop and test methods allowing States to run a
work program with certain features comparable to the State program funded under
part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), with the
intent of increasing employment and self-sufficiency through increased State
accountability and thereby reducing the need for supplemental nutrition
assistance benefits.
(2)
Agreements
(A)
In
general
In carrying out this subsection, the Secretary shall
enter into cooperative agreements with States in accordance with pilot projects
that meet the criteria required under this subsection.
(B)
Application
To be eligible to enter into a cooperative
agreement to operate a pilot project under this subsection, a State shall amend
its State plan under section 11(d) to include a description of its pilot
project and explanations of how such project meets the criteria required under
this subsection. The Secretary may not disapprove a pilot project which meets
the requirements under this subsection.
(C)
Assurances
A
State shall include in its plan assurances that its pilot project will—
(i) operate for at
least three 12-month periods but not more than five 12-month periods;
(ii) have a robust
data collection system for program administration that is designed and shared
with project evaluators to ensure proper and timely evaluation; and
(iii) intend to offer a work activity described
in paragraph (3) to adults assigned and required to participate under paragraph
(4)(A) and who are not exempt under paragraph (4)(B).
(D)
Number of pilot
projects
Any State may carry out a pilot project that meets the
requirements of this subsection.
(E)
Extent of pilot
projects
Pilot projects shall cover no less than the entire
State.
(3)
Work
activity
(A) For purposes of this
subsection, the term work activity means any of the
following:
(i) Employment in the public or private
sector that is not subsidized by any public program.
(ii) Employment in the private sector
for which the employer receives a subsidy from public funds to offset some or
all of the wages and costs of employing an adult.
(iii) Employment in the public sector
for which the employer receives a subsidy from public funds to offset some or
all of the wages and costs of employing an adult.
(iv) A work activity that—
(I) is performed in return for public
benefits;
(II) provides an adult with an opportunity to
acquire the general skills, knowledge, and work habits necessary to obtain
employment;
(III) is designed to improve the
employability of those who cannot find unsubsidized employment; and
(IV) is supervised by an employer, work site
sponsor, or other responsible party on an ongoing basis.
(v) Training in the public or private
sector that is given to a paid employee while he or she is engaged in
productive work and that provides knowledge and skills essential to the full
and adequate performance of the job.
(vi) Job search, obtaining employment,
or preparation to seek or obtain employment, including—
(I) life
skills training;
(II) substance abuse treatment or mental health
treatment, determined to be necessary and documented by a qualified medical,
substance abuse, or mental health professional; or
(III) rehabilitation activities,
supervised by
a public agency or other responsible party on an ongoing basis.
(vii) Structured programs and embedded
activities—
(I) in which adults perform work for the
direct benefit of the community under the auspices of public or nonprofit
organizations;
(II) that are limited to projects that serve
useful community purposes in fields such as health, social service,
environmental protection, education, urban and rural redevelopment, welfare,
recreation, public facilities, public safety, and child care;
(III) that are designed to improve the
employability of adults not otherwise able to obtain unsubsidized employment;
and
(IV) that are supervised on an ongoing basis;
and
(V) with respect to which a State agency
takes into account, to the extent possible, the prior training, experience, and
skills of a recipient in making appropriate community service
assignments.
(viii) Career and technical training programs (not
to exceed 12 months with respect to any adult) that are directly related to the
preparation of adults for employment in current or emerging occupations and
that are supervised on an ongoing basis.
(ix) Training or education for job
skills that are required by an employer to provide an adult with the ability to
obtain employment or to advance or adapt to the changing demands of the
workplace and that are supervised on an ongoing basis.
(x) Education that is related to a
specific occupation, job, or job offer and that is supervised on an ongoing
basis.
(xi) In the case of an adult who has not
completed secondary school or received such a certificate of general
equivalence, regular attendance—
(I) in accordance with the requirements of
the secondary school or course of study, at a secondary school or in a course
of study leading to such certificate; and
(II) supervised on an ongoing basis.
(xii) Providing child care to enable
another recipient of public benefits to participate in a community service
program that—
(I) does not provide compensation for such
community service;
(II) is a structured program designed to
improve the employability of adults who participate in such program; and
(III) is supervised on an ongoing
basis.
(B)
Protections
Work activities under this subsection shall
be subject to all applicable health and safety standards. Except as described
in clauses (i), (ii), and (iii) of subparagraph (A), the term work
activity shall be considered work preparation and not defined as
employment for purposes of other law.
(4)
Pilot
projects
Pilot projects carried out under this subsection shall
include interventions to which adults are assigned that are designed to reduce
unnecessary dependence, promote self-sufficiency, increase work levels,
increase earned income, and reduce supplemental nutrition assistance benefit
expenditures among households eligible for, applying for, or participating in
the supplemental nutrition assistance program.
(A) Adults assigned to
interventions by the State shall—
(i) be
subject to mandatory participation in work activities specified in paragraph
(3);
(ii) participate in
work activities specified in paragraph (3) for a minimum of 20 hours per week
per household;
(iii) be a maximum age
of not less than 50 and not more than 60, as defined by the State;
(iv) be subject to
penalties during a period of nonparticipation without good cause ranging from,
at State option, a minimum of the removal of the adults from the household
benefit amount, up to a maximum of the discontinuance of the entire household
benefit amount; and
(v) not be penalized
for nonparticipation if child care is not available for 1 or more children
under 6 years of age.
(B) The State shall
allow certain individuals to be exempt from work requirements—
(i) those participating in work programs under
a State program funded under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) for an equal or greater number of hours;
(ii) those with 1 or more dependent children
under 1 year of age;
(iii) 1 adult family
member per household who is needed in the home to care for a disabled family
member;
(iv) an adult who is receiving temporary or
permanent disability benefits provided by a governmental entity; and
(v) those with a good
cause reason for nonparticipation, such as victims of domestic violence, as
defined by the State.
(5)
Evaluation and
reporting
(A)
Evaluation
(i)
Independent
evaluation
(I)
In
general
The Secretary shall provide for each State that enters
into a cooperative agreement under paragraph (2) an independent, longitudinal
evaluation of its pilot project under this subsection to determine total
program savings over the entire course of the pilot project with results
reported in consecutive 12-month increments.
(II)
Purpose
The
purpose of the evaluation is to measure the impact of interventions provided by
the State under the pilot project on the ability of adults in households
eligible for, applying for, or participating in the supplemental nutrition
assistance program to find and retain employment that leads to increased
household income and reduced dependency.
(III)
Requirement
The
independent evaluation under subclause (I) shall use valid statistical methods
which can determine the difference between supplemental nutrition assistance
benefit expenditures, if any, as a result of the interventions as compared to a
control group that—
(aa) is
not subject to the interventions provided by the State under the pilot project
under this subsection; and
(bb) maintains
services provided under 16(h) in the year prior to the start of the pilot
project under this subsection.
(IV)
Option
States
shall have the option to evaluate pilot projects by matched counties or matched
geographical areas using a constructed control group design to isolate the
effects of the intervention of the pilot project.
(V)
Definition
Constructed
control group means there is no random assignment, and instead program
participants (those subject to interventions) and non-participants (control
described in subclause (III)) are equated using matching or statistical
procedures on characteristics that may be associated with program
outcomes.
(B)
Reporting
Not
later than 90 days after the end of fiscal year 2014 and of each fiscal year
thereafter, until the completion of the last evaluation under subparagraph (A),
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—
(i) the status of each
pilot project carried out under this subsection;
(ii) the results of
the evaluation completed during the previous fiscal year; and
(iii) to the maximum
extent practicable—
(I) baseline
information relevant to the stated goals and desired outcomes of the pilot
project;
(II) the impact of the
interventions on appropriate employment, income, and public benefit receipt
outcomes among households participating in the pilot project;
(III) equivalent
information about similar or identical measures for control groups;
(IV) the planned
dissemination of the report findings to State agencies; and
(V) the steps and funding necessary to
incorporate into State employment and training programs the components of pilot
projects that demonstrate increased employment and earnings.
(C)
Public
dissemination
In addition to
the reporting requirements under subparagraph (B), evaluation results shall be
shared broadly to inform policy makers, service providers, other partners, and
the public in order to promote wide use of successful strategies, including by
posting evaluation results on the Internet website of the Department of
Agriculture.
(6)
Funding
(A)
Additional
available funds
From amounts made available under section
18(a)(1), the Secretary shall make available—
(i) up to $1,000,000
for each of the fiscal years 2014 through 2017 for evaluations described in
paragraph (5) to carry out this subsection, with such amounts to remain
available until expended; and
(ii) amounts equal to
one-half of the accumulated supplemental nutrition assistance benefit dollars
saved over each consecutive 12-month period according to the evaluation under
paragraph (5) for bonus grants to States under paragraph (7)(B).
(B)
Administrative
expenses
(i)
Reimbursement
Except as provided in clause (ii)—
(I) if, in carrying out a pilot project under
this subsection during a fiscal year, a State incurs costs that exceed the
amount allocated to the State agency under section 16(h)(1), the Secretary
shall pay such State an amount equal to 50 percent of such costs; and
(II) the Secretary
shall also reimburse the State in an amount equal to 50 percent of the total
amount of payments made or costs incurred by the State agency in connection
with transportation costs and other expenses reasonably necessary and directly
related to participation in a pilot project under this subsection, except that
the amount of the reimbursement for dependent care expenses shall not exceed an
amount equal to the payment made under section 6(d)(4)(I)(i)(II) but not more
than the applicable local market rate, and such reimbursement shall not be made
out of funds allocated under section 16(h)(1).
(ii)
Limitation
For any fiscal year, the Secretary may not
pay under clause (i) to a State an amount the exceeds the amount equal to the
product of—
(I) the amount of administrative expenses that
would be reimbursable for such fiscal year to such State under clause (i)
without regard to this clause; and
(II) $277,000,000 (plus the amount carried over,
if any, under clause (iii)), divided by the aggregate amount of administrative
expenses that would be reimbursable for such fiscal year to all of the States
under clause (i) without regard to this clause.
(iii)
Carryover
The
amount by which $277,000,000 exceeds the aggregate amount paid under clause (i)
for a particular fiscal year shall remain available for payments under such
clause for any subsequent fiscal year.
(C)
Other
funds
Any additional funds required by a State to carry out a
pilot project under this subsection may be provided by the State from funds
made available to the State for such purpose and in accordance with State and
other Federal laws, including the following:
(i) Section 403 of the Social Security Act (42
U.S.C. 603).
(ii) The Workforce
Investment Act of 1998 (29 U.S.C. 9201 et seq.).
(iii) The Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.) and section 418 of the Social Security Act
(42 U.S.C. 618).
(iv) The social
services block grant under subtitle A of title XX of the Social Security Act
(42 U.S.C. 1397 et seq.).
(7)
Use of
funds
(A)
Specific
uses
Funds provided under this subsection for evaluation of pilot
projects under paragraph (6)(A)(i) shall be used only for—
(i) pilot projects
that comply with this subsection;
(ii) the costs
incurred in gathering and providing information and data used to conduct the
independent evaluation under paragraph (5); and
(iii) the costs of the
evaluation under paragraph (5).
(B)
Limitation
Funds
provided for bonus grants to States for pilot projects under subparagraph
(6)(A)(ii) shall be used only for—
(i) pilot projects
that comply with this subsection; and
(ii) any State
purpose, not to be restricted to the supplemental nutrition assistance program
or its beneficiary
population.
.
(b)
Conforming
amendments
The Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—
(1) in section 16, as amended by section 121 of
this Act—
(A) in subsection (a)
by striking subsection (k) and inserting subsections (k)
and (h) and section 20; and
(B) in subsection
(h)—
(i) in
paragraph (1)—
(I) in subparagraph
(A) by inserting under sections 6(d)(4) and 17(n) after
programs; and
(II) by striking
subparagraph (E);
(ii) by
striking paragraphs (2) and (3), and inserting the following:
(2)
Exclusion of
reimbursement for administrative costs
No funds may be paid under subsection (a)
to a State agency for administrative costs incurred to carry out any of such
programs in such fiscal
year.
;
(iii) in
paragraph (4) by inserting or 17(n) after section
6(d)(4); and
(iv) by
redesignating paragraphs (4) and (5) as paragraphs (3) and (4),
respectively;
(2) in section 20 by
amending subsection (g) to read as follows:
(g)
Exclusion of
reimbursement for administrative costs
No funds may be paid under this section to
a State agency for administrative costs incurred to carry out a workfare
program operated under this section.
;
and
(3) in section 22(d)(1)(B)(ii) by striking
, (g), (h)(2), and (h)(3) and inserting and
(g).
140.
Improved wage
verification using the National Directory of New Hires
Effective October 1, 2013, section 11(e) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended—
(1) in paragraph (3)
by inserting and after compliance with the requirement specified in
paragraph (24) after section 16(e) of this Act,
(2) in paragraph (22) by striking
and at the end,
(3) in paragraph (23)
by striking the period at the end and inserting ; and,
and
(4) by adding at the
end the following:
(24) that the State agency shall request wage
data directly from the National Directory of New Hires established under
section 453(i) of the Social Security Act (42 U.S.C. 653(i)) relevant to
determining eligibility to receive supplemental nutrition assistance program
benefits and determining the correct amount of such
benefits.
.
141.
Feasibility study
for Indian tribes
Section 4 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2013) is amended by adding at the
end the following:
(d)
Feasibility
study for Indian tribes
(1)
Study
Subject to the availability of
appropriations to carry out this subsection, the Secretary shall conduct a
study to determine the feasibility of a tribal demonstration project for tribes
to administer all Federal food assistance programs, services, functions, and
activities (or portions thereof) of the agency.
(2)
Considerations
In
conducting the study, the Secretary shall consider—
(A) the probable
effects on specific programs and program beneficiaries of such a demonstration
project;
(B) statutory,
regulatory, or other impediments to implementation of such a demonstration
project;
(C) strategies for
implementing such a demonstration project;
(D) probable costs or
savings associated with such a demonstration project;
(E) methods to assure
quality and accountability in such a demonstration project; and
(F) such other issues
that may be determined by the Secretary or developed through consultation with
pursuant to paragraph (4).
(3)
Report
Not
later than 18 months after the effective date of this subsection, the Secretary
shall submit a report to the Committee on Agriculture, Nutrition and Forestry
of the Senate and the Committee on Agriculture of the House of Representatives.
The report shall contain—
(A) the results of the
study under this subsection;
(B) a list of
programs, services, functions, and activities (or portions thereof) within each
agency with respect to which it would be feasible to include in a tribal
demonstration project;
(C) a list of
programs, services, functions, and activities (or portions thereof) included in
the list provided pursuant to subparagraph (B) that could be included in a
tribal demonstration project without amending a statute, or waiving regulations
that the Secretary may not waiver; and
(D) a list of
legislative actions required in order to include those programs, services,
function, and activities (or portions thereof) included in the list provided
pursuant to subparagraph (B) but not included in the list provided pursuant to
subparagraph (C), in a tribal demonstration project.
(4)
Consultation
with Indian tribes
The Secretary shall consult with Indian tribes
to determine a protocol for consultation under paragraph (1) prior to
consultation under such paragraph with the other entities described in such
paragraph. The protocol shall require, at a minimum, that—
(A) the
government-to-government relationship with Indian tribes forms the basis for
the consultation process;
(B) the Indian tribes
and the Secretary jointly conduct the consultations required by this
subsection; and
(C) the consultation
process allows for separate and direct recommendations from the Indian tribes
and other entities described in paragraph (1).
(5)
Authorization of
appropriations
There is
authorized to be appropriated to carry out this subsection
$1,000,000.
.
II
Commodity
distribution programs
201.
Commodity
distribution program
Section
4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note; Public Law 93–86) is amended in the 1st sentence by striking
2012 and inserting 2016.
202.
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 paragraphs (1)
and (2)(B) of subsection (a) by striking 2012 each place it
appears and inserting 2016;
(2) in the 1st
sentence of subsection (d)(2) by striking 2012 and inserting
2016;
(3) by striking
subsection (g) and inserting the following:
(g)
Eligibility
Except
as provided in subsection (m), the States shall only provide assistance under
the commodity supplemental food program to low-income individuals aged 60 and
older.
;
and
(4) by adding at the
end the following:
(m)
Phase-Out
Notwithstanding
any other provision of law, an individual who receives assistance under the
commodity supplemental food program on the day before the effective date of
this subsection shall continue to receive that assistance until the date on
which the individual no longer qualifies for assistance under the eligibility
criteria for the program in effect on the day before the effective date of this
subsection.
.
203.
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(2)(A)) is amended in the 1st sentence by
striking 2012 and inserting 2016.
204.
Processing of
commodities
(a) Section 17 of the
Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c
note) is amended by—
(1) striking the
heading and inserting Commodity donations and processing;
and
(2) adding at the end
the following:
(c)
Processing
For
any program included in subsection (b), the Secretary may, notwithstanding any
other provision of State or Federal law relating to the procurement of goods
and services—
(1) retain title to
commodities delivered to a processor, on behalf of a State (including a State
distributing agency and a recipient agency), until such time as end products
containing such commodities, or similar commodities as approved by the
Secretary, are delivered to a State distributing agency or to a recipient
agency; and
(2) promulgate
regulations to ensure accountability for commodities provided to a processor
for processing into end products, and to facilitate processing of commodities
into end products for use by recipient agencies. Such regulations may provide
that—
(A) a processor that
receives commodities for processing into end products, or provides a service
with respect to such commodities or end products, in accordance with its
agreement with a State distributing agency or a recipient agency, provide to
the Secretary a bond or other means of financial assurance to protect the value
of such commodities; and
(B) in the event a
processor fails to deliver to a State distributing agency or a recipient agency
an end product in conformance with the processing agreement entered into under
this Act, the Secretary take action with respect to the bond or other means of
financial assurance pursuant to regulations promulgated under this paragraph
and distribute any proceeds obtained by the Secretary to one or more State
distributing agencies and recipient agencies as determined appropriate by the
Secretary.
.
(b)
Definitions
Section
18 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7
U.S.C. 612c note) is amended by striking paragraphs (1) and (2) and inserting
the following:
(1) The term
commodities means agricultural commodities and their products that
are donated by the Secretary for use by recipient agencies.
(2) The term end
product means a food product that contains processed
commodities.
.
(c)
Technical and
conforming amendments
Section 3 of the Commodity Distribution
Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100–237)
is amended—
(1) in subsection
(a)—
(A) in paragraph (2)
by striking subparagraph (B) and inserting the following:
(B) the program
established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b));
;
and
(B) in paragraph
(3)(D) by striking the Committee on Education and Labor and
inserting the Committee on Education and the Workforce;
(2) in subsection
(b)(1)(A)(ii) by striking section 32 of the Agricultural Adjustment Act
(7 U.S.C. 601 et seq.) and inserting section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c);
(3) in subsection
(e)(1)(D)(iii) by striking subclause (II) and inserting the following:
(II) the program
established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b));
;
and
(4) in subsection (k)
by striking the Committee on Education and Labor and inserting
the Committee on Education and the Workforce.
III
Miscellaneous
301.
Farmers’ market
nutrition program
Section 4402
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) is
amended—
(1) in the section
heading by striking Seniors;
(2) by amending
subsection (a) to read as follows:
(a)
Funding
(1)
In
general
Of the funds of the Commodity Credit Corporation, the
Secretary of Agriculture shall use to carry out and expand the farmers market
nutrition program $20,600,000 for each of fiscal years 2014 through
2016.
(2)
Additional
funding
There is authorized to be appropriated such sums as are
necessary to carry out this subsection for each of the fiscal years specified
in paragraph (1).
(3)
Requirement
Not less than 50 percent of the funds made
available to carry out this section in any fiscal year shall be used to provide
assistance to
seniors.
;
(3) in subsection
(b)—
(A) in the matter
preceding paragraph (1), by striking seniors; and
(B) in paragraph (1)
by inserting , and low-income families who are determined to be at
nutritional risk after low-income seniors;
(4) in subsection (c)
by striking seniors;
(5) in subsection (d)
by striking seniors;
(6) in subsection (e)
by striking seniors;
(7) by redesignating
subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g),
respectively; and
(8) by inserting after
subsection (b) the following:
(c)
State grants and
other assistance
The Secretary shall carry out the Program
through grants and other assistance provided in accordance with agreements made
with States, for implementation through State agencies and local agencies, that
include provisions—
(1) for the issuance
of coupons or vouchers to participating individuals;
(2) establishing an
appropriate annual percentage limitation on the use of funds for administrative
costs; and
(3) specifying other
terms and conditions as the Secretary deems appropriate to encourage expanding
the participation of small scale farmers in Federal nutrition
programs.
.
302.
Nutrition
information and awareness pilot program
Section 4403 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3171 note; Public Law 107–171) is
repealed.
303.
Fresh fruit and
vegetable program
Section 19
of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) is
amended—
(1) in the section
heading, by striking Fresh;
(2) in subsection (a),
by striking fresh;
(3) in subsection (b),
by striking fresh; and
(4) in subsection (e),
by striking fresh.
304.
Additional
authority for purchase of fresh fruits, vegetables, and other specialty food
crops
Section 10603 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c–4) is
amended—
(1) in subsection (b),
by striking 2012 and inserting 2016;
(2) by redesignating subsection (c) as
subsection (d); and
(3) by inserting after subsection (b) the
following:
(c)
Pilot grant
program for purchase of fresh fruits and vegetables
(1)
In
general
Using amounts made
available to carry out subsection (b), the Secretary of Agriculture shall
conduct a pilot program under which the Secretary will give not more than five
participating States the option of receiving a grant in an amount equal to the
value of the commodities that the participating State would otherwise receive
under this section for each of fiscal years 2014 through 2016.
(2)
Use of grant
funds
A participating State receiving a grant under this
subsection may use the grant funds solely to purchase fresh fruits and
vegetables for distribution to schools and service institutions in the State
that participate in the food service programs under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
(3)
Selection of
participating States
The Secretary shall select participating
States from applications submitted by the States.
(4)
Reporting
requirements
(A)
School and
service institution requirement
Schools and service institutions in a
participating State shall keep records of purchases of fresh fruits and
vegetables made using the grant funds and report such records to the
State.
(B)
State
requirement
Each participating State shall submit to the
Secretary a report on the success of the pilot program in the State, including
information on—
(i) the amount and value of each type of fresh
fruit and vegetable purchased by the State; and
(ii) the benefit provided by such purchases in
conducting the school food service in the State, including meeting school meal
requirements.
.
305.
Encouraging locally
and regionally grown and raised food
(a)
Commodity
Purchase Streamlining
The
Secretary may permit each school food authority with a low annual commodity
entitlement value, as determined by the Secretary, to elect to substitute
locally and regionally grown and raised food for the authority’s allotment, in
whole or in part, of commodity assistance for the school meal programs under
the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), if—
(1) the election is
requested by the school food authority;
(2) the Secretary
determines that the election will reduce State and Federal administrative
costs; and
(3) the election will
provide the school food authority with greater flexibility to purchase locally
and regionally grown and raised foods.
(b)
Farm-to-School
demonstration programs
(1)
In
general
The Secretary may establish farm-to-school demonstration
programs under which school food authorities, agricultural producers producing
for local and regional markets, and other farm-to-school stakeholders will
collaborate with the Agriculture Marketing Service to, on a cost neutral basis,
source food for the school meal programs under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) from local farmers and ranchers in lieu of the
commodity assistance provided to the school food authorities for the school
meal programs.
(2)
Requirements
(A)
In
general
Each demonstration program carried out under this
subsection shall—
(i) facilitate and
increase the purchase of unprocessed and minimally processed locally and
regionally grown and raised agricultural products to be served under the school
meal programs;
(ii) test methods to
improve procurement, transportation, and meal preparation processes for the
school meal programs;
(iii) assess whether
administrative costs can be saved through increased school food authority
flexibility to source locally and regionally produced foods for the school meal
programs; and
(iv) undertake
rigorous evaluation and share information about results of the demonstration
program, including cost savings, with the Secretary, other school food
authorities, agricultural producers producing for the local and regional
market, and the general public.
(B)
Plans
In
order to be selected to carry out a demonstration program under this
subsection, a school food authority shall submit to the Secretary a plan at
such time and in such manner as the Secretary may require, and containing
information with respect to the requirements described in clauses (i) through
(iv) of subparagraph (A).
(3)
Technical
assistance
The Secretary
shall provide technical assistance to demonstration program participants to
assist such participants to acquire bids from potential vendors in a timely and
cost-effective manner.
(4)
Length
The
Secretary shall determine the appropriate length of time for each demonstration
program under this subsection.
(5)
Coordination
The
Secretary shall coordinate among relevant agencies of the Department of
Agriculture and non-governmental organizations with appropriate expertise to
facilitate the provision of training and technical assistance necessary to
successfully carry out demonstration programs under this subsection.
(6)
Number
Subject
to the availability of funds to carry out this subsection, the Secretary shall
select at least 10 demonstration programs to be carried out under this
subsection.
(7)
Diversity and
balance
In selecting demonstration programs to be carried out
under this subsection, the Secretary shall, to the maximum extent practicable,
ensure—
(A) geographical
diversity;
(B) that at least half
of the demonstration programs are completed in collaboration with school food
authorities with small annual commodity entitlements, as determined by the
Secretary;
(C) that at least half
of the demonstration programs are completed in rural or tribal
communities;
(D) equitable
treatment of school food authorities with a high percentage of students
eligible for free or reduced price lunches, as determined by the Secretary;
and
(E) that at least one of the demonstration
programs is completed on a military installation as defined in section
2687(e)(1) of title 10, United States Code.
306.
Review of
public health benefits of white potatoes
The Secretary shall conduct a review of the
economic and public health benefits of white potatoes on low-income families
who are determined to be at nutritional risk. Not later than 1 year after the
date of the enactment of this Act, the Secretary shall report the findings of
this review to the Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the Senate.
307.
Healthy Food
Financing Initiative
(a)
In
general
Subtitle D of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6951 et seq.) is amended by adding at the
end the following:
242.
Healthy Food
Financing Initiative
(a)
Purpose
The
purpose of this section is to enhance the authorities of the Secretary to
support efforts to provide access to healthy food by establishing an initiative
to improve access to healthy foods in underserved areas, to create and preserve
quality jobs, and to revitalize low-income communities by providing loans and
grants to eligible fresh, healthy food retailers to overcome the higher costs
and initial barriers to entry in underserved areas.
(b)
Definitions
In
this section:
(1)
Community
development financial institution
The term community
development financial institution has the meaning given the term in
section 103 of the Community Development Banking and Financial Institutions Act
of 1994 (12 U.S.C. 4702).
(2)
Initiative
The
term Initiative means the Healthy Food Financing Initiative
established under subsection (c)(1).
(3)
National fund
manager
The term national fund manager means a
community development financial institution that is—
(A) in existence on
the date of enactment of this section; and
(B) certified by the
Community Development Financial Institution Fund of the Department of Treasury
to manage the Initiative for purposes of—
(i) raising private
capital;
(ii) providing
financial and technical assistance to partnerships; and
(iii) funding eligible
projects to attract fresh, healthy food retailers to underserved areas, in
accordance with this section.
(4)
Partnership
The
term partnership means a regional, State, or local public-private
partnership that—
(A) is organized to
improve access to fresh, healthy foods;
(B) provides financial
and technical assistance to eligible projects; and
(C) meets such other
criteria as the Secretary may establish.
(5)
Perishable
food
The term perishable food means a staple food
that is fresh, refrigerated, or frozen.
(6)
Quality
job
The term quality job means a job that provides
wages and other benefits comparable to, or better than, similar positions in
existing businesses of similar size in similar local economies.
(7)
Staple
food
(A)
In
general
The term staple food means food that is a
basic dietary item.
(B)
Inclusions
The
term staple food includes—
(i) bread;
(ii) flour;
(iii) fruits;
(iv) vegetables;
and
(v) meat.
(c)
Initiative
(1)
Establishment
The
Secretary shall establish an initiative to achieve the purpose described in
subsection (a) in accordance with this subsection.
(2)
Implementation
(A)
In
general
(i)
In
general
In carrying out the Initiative, the Secretary shall
provide funding to entities with eligible projects, as described in
subparagraph (B), subject to the priorities described in subparagraph
(C).
(ii)
Use of
funds
Funds provided to an entity pursuant to clause (i) shall be
used—
(I) to create
revolving loan pools of capital or other products to provide loans to finance
eligible projects or partnerships;
(II) to provide grants
for eligible projects or partnerships;
(III) to provide
technical assistance to funded projects and entities seeking Initiative
funding; and
(IV) to cover
administrative expenses of the national fund manager in an amount not to exceed
10 percent of the Federal funds provided.
(B)
Eligible
projects
Subject to the approval of the Secretary, the national
fund manager shall establish eligibility criteria for projects under the
Initiative, which shall include the existence or planned execution of
agreements—
(i) to
expand or preserve the availability of staple foods in underserved areas with
moderate- and low-income populations by maintaining or increasing the number of
retail outlets that offer an assortment of perishable food and staple food
items, as determined by the Secretary, in those areas; and
(ii) to accept
benefits under the supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(C)
Priorities
In
carrying out the Initiative, priority shall be given to projects that—
(i) are located in
severely distressed low-income communities, as defined by the Community
Development Financial Institutions Fund of the Department of Treasury;
and
(ii) include 1 or more
of the following characteristics:
(I) The project will
create or retain quality jobs for low-income residents in the community.
(II) The project
supports regional food systems and locally grown foods, to the maximum extent
practicable.
(III) In areas served
by public transit, the project is accessible by public transit.
(IV) The project
involves women- or minority-owned businesses.
(V) The project
receives funding from other sources, including other Federal agencies.
(VI) The project
otherwise advances the purpose of this section, as determined by the
Secretary.
(d)
Authorization of
appropriations
There is authorized to be appropriated to the
Secretary to carry out this section $125,000,000, to remain available until
expended.
.
(b)
Conforming
amendment
Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended—
(1) in paragraph (6)
by striking or at the end;
(2) in paragraph (7)
by striking the period at the end and inserting ; or; and
(3) by adding at the
end the following:
(8) the authority of
the Secretary to establish and carry out the Health Food Financing Initiative
under section
242.
.
308.
Review of
sole-source contracts in Federal nutrition programs
The Secretary shall conduct an evaluation of
sole-source contracts in Federal nutrition programs, and the effect such
contracts have on program participation, program goals, nonprogram consumers,
retailers, and free market dynamics. Not later than 1 year after the date of
the enactment of this Act, the Secretary shall report the findings of this
review to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
309.
Purchase of
Halal and Kosher food for emergency food assistance program
Section 202 of the
Emergency Food Assistance Act of 1983 (7
U.S.C. 7502) is amended by adding at the end the following:
(h)
Kosher and Halal
food
As soon as practicable
after the date of enactment of this subsection, the Secretary shall finalize
and implement a plan—
(1) to increase the purchase of Kosher and
Halal food from food manufacturers with a Kosher or Halal certification to
carry out the program established under this Act if the Kosher and Halal food
purchased is cost neutral as compared to food that is not from food
manufacturers with a Kosher or Halal certification; and
(2) to modify the labeling of the commodities
list used to carry out the program in a manner that enables Kosher and Halal
food bank operators to identify which commodities to obtain from local food
banks.
.