[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5099 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5099

   To amend the Food and Nutrition Act of 2008 to establish a dairy 
          nutrition incentive program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2023

  Mr. Costa (for himself and Mr. Langworthy) introduced the following 
        bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
   To amend the Food and Nutrition Act of 2008 to establish a dairy 
          nutrition incentive program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dairy Nutrition Incentive Program 
Act of 2023''.

SEC. 2. DAIRY NUTRITION INCENTIVE PROGRAM.

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

``SEC. 31. DAIRY NUTRITION INCENTIVE PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Dairy product.--The term `dairy product' means a 
        product for which cow's milk is listed as--
                    ``(A) the first ingredient on the labeled 
                ingredients list of the product; or
                    ``(B) the second ingredient on the labeled 
                ingredients list of the product, if the first listed 
                ingredient is water.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State or local governmental entity; and
                    ``(B) a nonprofit organization.
            ``(3) Fluid milk.--The term `fluid milk' means any variety 
        of pasteurized cow's milk that--
                    ``(A) is packaged in liquid form; and
                    ``(B) contains vitamins A and D at levels 
                consistent with the Food and Drug Administration 
                standards, and applicable State and local standards, 
                for fluid milk.
            ``(4) Naturally nutrient-rich dairy.--The term `naturally 
        nutrient-rich dairy' means--
                    ``(A) fluid milk;
                    ``(B) yogurt and other cultured cow's milk dairy 
                products; and
                    ``(C) cheese (including nonstandardized cheese) 
                made from cow's milk.
            ``(5) Program.--The term `program' means the dairy 
        nutrition incentive program established under subsection (b).
    ``(b) Establishment.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall establish a dairy 
nutrition incentive program under which the Secretary shall develop and 
test methods to increase the purchase and consumption of naturally 
nutrient-rich dairy by members of households that receive benefits 
under the supplemental nutrition assistance program by providing an 
incentive for the purchase of naturally nutrient-rich dairy at the 
point of purchase to members of households purchasing food using those 
benefits.
    ``(c) Grants or Cooperative Agreements.--
            ``(1) In general.--To carry out the program, the Secretary 
        shall enter into cooperative agreements with, or provide grants 
        to, eligible entities, on a competitive basis, for projects 
        that meet the purpose of the program described in subsection 
        (b).
            ``(2) Application.--An eligible entity seeking to enter 
        into a cooperative agreement or receive a grant under the 
        program shall submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require.
            ``(3) Selection criteria.--The Secretary shall develop and 
        make public criteria for evaluating proposed projects in 
        applications submitted under paragraph (2), which shall 
        incorporate a scientifically based strategy designed to improve 
        diet quality and nutritional outcomes through the increased 
        purchase of naturally nutrient-rich dairy.
            ``(4) Priority.--In entering into cooperative agreements 
        and awarding grants under the program, the Secretary shall give 
        priority to projects that--
                    ``(A) maximize the percentage of funds used for 
                direct incentives for participants in the supplemental 
                nutrition assistance program;
                    ``(B) include a project design--
                            ``(i) that provides incentives when 
                        naturally nutrient-rich dairy is purchased 
                        using benefits under the supplemental nutrition 
                        assistance program; and
                            ``(ii) in which the incentives earned may 
                        be used only to purchase naturally nutrient-
                        rich dairy;
                    ``(C) include project sites that serve members of 
                households that participate in the supplemental 
                nutrition assistance program; and
                    ``(D) incorporate the use of point-of-sale systems 
                that can electronically issue incentives earned under 
                the program.
            ``(5) Additional financial assistance.--An eligible entity 
        may request funds from the Secretary, pursuant to section 16, 
        to offset initial costs to enable electronic benefits transfer 
        technology for electronic point-of-sale systems described in 
        paragraph (4)(D) for projects sites selected under the program.
    ``(d) Evaluation.--
            ``(1) In general.--The Secretary shall provide for an 
        independent evaluation of each project carried out under the 
        program that measures, to the maximum extent practicable, the 
        effect of incentives on purchases of naturally nutrient-rich 
        dairy by members of households that receive benefits under the 
        supplemental nutrition assistance program.
            ``(2) Methodology requirement.--The independent evaluation 
        under paragraph (1) shall use rigorous methodologies, such as 
        random assignment or other methods that are capable of 
        producing scientifically valid information regarding activities 
        that are effective.
            ``(3) Discontinuance.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), subject to availability of funds, 
                nothing in this section shall limit the continuation of 
                a project carried out under the program.
                    ``(B) Noncompliance.--The Secretary may discontinue 
                a project or close a project site under the program if 
                the project--
                            ``(i) does not comply with the requirements 
                        under this section;
                            ``(ii) does not comply with the 
                        requirements of the grant awarded or 
                        cooperative agreement entered into under the 
                        program, as applicable; or
                            ``(iii) if the Secretary determines that 
                        the results of the independent evaluation of 
                        the project under paragraph (1) are not 
                        satisfactory.
            ``(4) Public dissemination.--The Secretary shall make 
        publicly available the results of each independent evaluation 
        carried out under paragraph (1).
    ``(e) Report.--Not later than December 31 of the first full 
calendar year following the date of establishment of the program, and 
biennially thereafter, the Secretary shall submit to the Committee on 
Agriculture, Nutrition, and Forestry of the Senate and the Committee on 
Agriculture of the House of Representatives a report that includes a 
description of--
            ``(1) the status of each project carried out under the 
        program; and
            ``(2) the results of each completed evaluation under 
        paragraph (1) during the period covered by the report.
    ``(f) Funding.--
            ``(1) Mandatory funding.--There is appropriated to the 
        Secretary, out of any funds in the Treasury not otherwise 
        appropriated, $10,000,000 for each fiscal year to carry out 
        this section.
            ``(2) Authorization of appropriations.--
                    ``(A) In general.--In addition to the funds made 
                available under paragraph (1), there is authorized to 
                be appropriated to the Secretary to carry out this 
                section $10,000,000 for fiscal year 2025 and each 
                fiscal year thereafter.
                    ``(B) Appropriations in advance.--With respect to 
                any funds made available under subparagraph (A), only 
                funds appropriated in advance specifically to carry out 
                this section shall be available to carry out this 
                section.
            ``(3) Evaluation costs.--Of the funds made available to 
        carry out this section for a fiscal year, the Secretary shall 
        use not more than 7 percent to carry out subsection (d).
            ``(4) Limitation on use.--Funds made available to carry out 
        this section shall not be used for any project that limits the 
        use of benefits under the supplemental nutrition assistance 
        program.''.
    (b) Transition From Healthy Fluid Milk Incentives Projects.--
            (1) In general.--The Secretary of Agriculture (referred to 
        in this subsection as the ``Secretary'') shall transition 
        projects carried out under section 4208 of the Agriculture 
        Improvement Act of 2018 (7 U.S.C. 2026a) to be carried out as 
        part of the dairy nutrition incentive program established under 
        section 31 of the Food and Nutrition Act of 2008.
            (2) No interruption.--In carrying out paragraph (1), the 
        Secretary shall ensure that--
                    (A) there is no interruption in projects being 
                carried out under section 4208 of the Agriculture 
                Improvement Act of 2018 (7 U.S.C. 2026a) during the 
                transition described in that paragraph; and
                    (B) any additional authorities or flexibilities 
                under the dairy nutrition incentive program established 
                under section 31 of the Food and Nutrition Act of 2008 
                shall be applied to the projects described in 
                subparagraph (A).
            (3) Repeal.--Effective 1 year after the date on which the 
        Secretary certifies that the Secretary has completed carrying 
        out paragraph (1), section 4208 of the Agriculture Improvement 
        Act of 2018 (7 U.S.C. 2026a) is repealed.
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