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H.R. 7567 · House bill · 119th Congress
This bill (commonly known as the farm bill) reauthorizes through FY2031 and modifies Department of Agriculture programs that address
Section 2 of the Food and Nutrition Act of 2008 (7 U.S.C. 2011) is amended—
(1) by inserting “(a)” before “It”, and
(2) by adding at the end the following:
“(b) Congress recognizes the supplemental nutrition assistance program allows low-income households to obtain supplemental food for an active, healthy life that supports the prevention of—
(1) diet-related chronic disease, including—
(A) obesity;
(B) diabetes;
(C) hypertension;
(D) heart disease; and
(E) cancer;
(2) disability;
(3) premature death;
(4) unsustainable health care costs; and
(5) undermining of military readiness.
(c) Accordingly, it is also the policy of the Congress that the Secretary should administer the supplemental nutrition assistance program in a manner that will provide participants, especially children, access to a variety of foods essential to optimal health and well-being.”.
Section 7(h)(13)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(13)(B)) is amended by striking “Effective through fiscal year 2023, neither” and inserting “Neither”.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the end the following:
“(y) SNAP staffing flexibility.—
(1) In general.— Notwithstanding section 11(e)(6)(B), a State agency (as defined in section 3 of the Food and Nutrition Act of 2008) may, by contract with the State agency at a reasonable cost in accordance with the State agency’s standard contracting rules, hire a contractor to undertake supplemental nutrition assistance program certification or carry out any other function of the State agency under such program so long as—
(A) the contract does not provide incentives for the agency or contractor to delay eligibility determinations or to deny eligibility for individuals otherwise eligible for supplemental nutrition assistance program benefits; and
(B) the contractor has no direct or indirect financial interest in an approved retail store.
(2) Use.— A State agency may use the authority provided in paragraph (1) when—
(A) the State experiences an inability to timely process supplemental nutrition assistance program applications from causes that include but are not limited to—
(i) pandemics and other health emergencies;
(ii) seasonal workforce cycles;
(iii) temporary staffing shortages; and
(iv) weather or other natural disasters;
(B) the State’s payment error rate, as defined in section 16, is greater than or equal to 6 percent based on the most recent available Department of Agriculture data; or
(C) the State experiences an increase in supplemental nutrition assistance program applications.
(3) Requirements.— A State agency that hires a contractor under paragraph (1) shall ensure such action—
(A) is consistent with all principles under section 900.603 of title 5 of the Code of Federal Regulations; and
(B) is part of a blended workforce and does not supplant existing merit-based personnel in the State.
(4) Notification.— A State agency shall notify the Secretary of its intent to use the authority provided in this section and shall provide any information or data supporting State agency increases in supplemental nutrition assistance program applications or any inability to timely process such applications.
(5) Public availability.— Not later than 10 days after the date of the receipt of a notification submitted by a State agency under paragraph (4), the Secretary shall make publicly available on the website of the Department of Agriculture the notification submitted by such State agency and any accompanying information or data supporting such notification so submitted.
(6) Program design.— Any action taken by a State agency under paragraph (1) shall not be—
(A) considered to be a major change in the operations of such State agency for purposes of section 11(a)(4) of this Act, or
(B) subject to any requirement specified in such section.
(7) Annual report.— The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, an annual report that contains—
(A) a description of measures taken to address increases in supplemental nutrition assistance program applications and any inability to timely process such applications;
(B) information or data supporting State agency notifications provided pursuant to paragraph (4); and
(C) recommendations for changes to the Secretary’s authority under this Act to assist the Secretary, States, and local governments of States in preparing for any future increases in supplemental nutrition assistance program applications or inability to timely process such applications.
(8) Temporary staffing shortages.— In cases of temporary staffing shortages, the authority provided to State agencies under paragraph (1) shall—
(A) expire when the backlog of supplemental nutrition assistance program applications has been eliminated;
(B) not override any collective bargaining agreement or memorandum of understanding in effect between the State and employees of the State or of a local government of such State; and
(C) expire when the error rate, as defined in section 16, is less than 6 percent.”.
The 2d sentence of section 9(d) of the Food and Nutrition Act of 2008 is amended by inserting “, on two consecutive occasions within a 3-year-period,” after “does not meet”.
Section 16(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)) is amended—
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following:
“(9) Report on all identified payment errors.—
(A) In general.— The Secretary shall include all identified payment errors, including small errors under paragraph (1)(A)(ii), regardless of dollar amount, in a supplemental section of the annual payment error rate measurement report for the supplemental nutrition assistance program.
(B) Rule of construction.— The information reported under subparagraph (A) shall not alter, modify, or affect the calculation of the tolerance level for excluding small errors under paragraph (1)(A)(ii).”.
The 1st sentence of section 18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)(1)) is amended by striking “2023” and inserting "“2031”.
Section 29(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036b) is amended by striking “2023” and inserting “2031”.
Not later than 6 months after the date of enactment of this Act, the Secretary of Agriculture shall promulgate, in the form of a proposed rule, regulations through notice and comment rulemaking to enhance EBT Card (as defined in section 3(i) of the Food and Nutrition Act; 7 U.S.C. 2012(i)) security measures.
Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States 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—
(1) examines the causes of State variation in supplemental nutrition assistance program administrative costs and identifies the factors most likely to contribute to an increase in these costs; and
(2) provides recommendations on how the Department of Agriculture and Congress can improve oversight of administrative costs in the program.
Section 9(j)(1)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(j)(1)(B)) is amended by inserting “animal protein,” after “whole grain,”.
Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016) is amended by adding at the end the following:
“(l) Online purchasing program.—
(1) Permanent authority.— Not later than 120 days after the effective date of this subsection, the Secretary shall begin transitioning the supplemental nutrition assistance program online purchasing initiative from pilot or demonstration status to permanent nationwide program operations, with the completion of the regulations marking the end of the transition.
(2) Regulations.— The Secretary shall issue such regulations and guidance as may be necessary to carry out paragraph (1), including provisions related to program integrity, consumer protections, and equitable access in rural areas. Such regulations shall be issued not later than 2 years after the effective date of this subsection.
(3) Stakeholder consultation.— The Secretary shall establish a formal process for consultation with State agencies, authorized retailers, electronic benefit transfer processors, consumer advocates, and other relevant stakeholders to incorporate lessons learned from online purchasing operations during the period of 2014 through 2025.
(4) Report to Congress.— Not later than 120 days after the effective date of this subsection, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the consultation process and recommendations received.”.
(a) 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 “2023” and inserting “2031”.
(b) Availability of commodities for the emergency food assistance program.— Section 27(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)(1)) is amended by striking “2023” and inserting “2031”.
(c) Option for purchasing through DoD Fresh.— Section 214(c) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7515(c)) is amended by adding at the end the following:
“(3) Option for purchasing through DoD Fresh.— At the request of a State agency, the Secretary may allow the State agency to use not more than 20 percent of the cost of the commodities allocated to that State agency under this section to order commodities through the Department of Defense Fresh Fruit and Vegetable Program.”.
Section 4(b)(6)(E) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)(6)(E)) is amended by striking “2023” and inserting “2031”.
Section 3(k)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(k)(1)) is amended—
(1) by inserting “hot rotisserie chicken and” before “those authorized”;
(2) by striking “clauses” and inserting “paragraphs”; and
(3) by striking “of this subsection”.
Not later than 120 days after the conclusion of the all demonstration projects carried out by the Secretary of Agriculture regarding the statutory definition of food eligible for purchase by recipients of supplemental nutrition assistance program (SNAP) benefits, the Secretary shall submit to the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report on the feasibility, implementation, and effectiveness of such projects, including recommendations to the Congress for legislative changes to such definition.
(a) Expansion of the seniors farmers’ market nutrition program.— Section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) is amended—
(1) in subsection (a), by striking “2008 through 2023” and inserting “2027 through 2031”; and
(2) in subsection (b)(1), by striking “and herbs” and inserting “herbs, maple syrup, and tree nuts (including shelled tree nuts)”.
(b) Authorization of appropriations.— The 1st sentence of section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) is amended by striking “2023” and inserting “2031”.
Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended—
(1) in subsection (a)—
(A) in paragraph (1) by striking “2023” and inserting “2031”, and
(B) in paragraph (2)(B), in the matter preceding clause (i), by striking “2023” and inserting “2031”,
(2) in subsection (d)(2), in the 1st sentence, by striking “2023” and inserting “2031”; and
(3) by adding at the end the following:
“(n) Commodity supplemental food program delivery pilot program.—
(1) Purpose.— The purpose of this subsection is to award grants for the operation of projects that increase the access of low-income elderly persons to commodities through home delivery or other means and to evaluate such projects.
(2) In general.— The Secretary shall award, on a competitive basis, grants directly to State agencies, or to State agencies on behalf of eligible entities, to carry out the activities described in paragraph (5).
(3) Maximum grant award.— A grant awarded to a State agency under this subsection shall not exceed— whichever is less.
(A) the greater of—
(i) the State’s commodity supplemental food program caseload at time of application multiplied by 60; or
(ii) $10,000; or
(B) $4,000,000;
(4) Application.— A State agency seeking a grant under this subsection shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.
(5) Grant uses.— A State agency awarded a grant under this subsection shall distribute grant funds to eligible entities to operate projects that facilitate delivery of commodities to participants in the commodity supplemental food program, including with respect to costs associated with—
(A) transportation and distribution of commodities to participants in the commodity supplemental food program, including transportation and distribution services provided by a third party;
(B) staffing required to operate delivery services; and
(C) outreach to participants or potential participants in the commodity supplemental food program with respect to home delivery.
(6) Priority.— A State agency awarded a grant under this subsection must prioritize eligible entities that serve participants in the commodity supplemental food program who reside in a rural area.
(7) Report to the Secretary.— Not later than 180 days after the end of the fiscal year in which a State agency is awarded a grant under this subsection and has distributed grant funds to eligible entities, and in each succeeding fiscal year until grant funds are expended, a State agency shall submit a report to the Secretary that includes—
(A) a summary of the activities carried out under the project, including the quantity of commodities delivered, number of participants in the commodity supplemental food program served, and total number of deliveries;
(B) an assessment of the effectiveness of the project, including a calculation of the average cost per delivery, and an evaluation of any services provided by a third party; and
(C) best practices regarding use of home delivery to improve the effectiveness of the commodity supplemental food program.
(8) Definitions.— In this subsection:
(A) Terms in regulations.— The term State agency, local agency, and subdistributing agency have the meanings given such terms in section 247.1 of title 7 of the Code of Federal Regulations (or any successor regulations).
(B) Eligible entity.— The term eligible entity means—
(i) a local agency; or
(ii) a subdistributing agency.
(C) Rural area.— The term rural area has the meaning given such term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).
(9) Authorization of appropriations.— There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2027 through 2031 to remain available until expended.”.
Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e(2)(A)) is amended by striking “2023” and inserting “2031”.
(a) Demonstration project for tribal organizations.—
(1) Definitions.— In this subsection:
(A) Demonstration project.— The term demonstration project means the demonstration project established under paragraph (2).
(B) Food distribution program.— The term food distribution program means the commodity supplemental food program identified in section 4 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86).
(C) Indian reservation.— The term Indian reservation has the meaning given the term reservation in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).
(D) Indian tribe.— The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(E) Self-determination contract.— The term self-determination contract has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) with modification as determined by the Secretary.
(F) Tribal organization.— The term Tribal organization has the meaning given the term in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).
(2) Establishment.— Subject to the availability of appropriations, the Secretary shall establish a demonstration project under which 1 or more Tribal organizations may enter into self-determination contracts to purchase agricultural commodities under the food distribution program for the Indian reservation of that Tribal organization.
(3) Eligibility.—
(A) Consultation.— The Secretary shall consult with Indian Tribes to determine the process and criteria under which a Tribal organization may participate in the demonstration project.
(B) Criteria.— The Secretary shall select for participation in the demonstration project Tribal organizations that—
(i) are successfully administering the food distribution program of the Tribal organization under section 4(b)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)(2)(B));
(ii) have the capacity to purchase agricultural commodities in accordance with paragraph (4) for the food distribution program of the Tribal organization; and
(iii) meet any other criteria determined by the Secretary, in consultation with the Secretary of the Interior and Indian Tribes.
(4) Procurement of agricultural commodities.— Any agricultural commodities purchased by a Tribal organization under the demonstration project shall—
(A) be domestically produced;
(B) not result in a material increase in the amount of food in the food package of that Tribal organization compared to the amount of food that the Secretary authorized to be provided through the Commodity Supplemental Food Program Guide Rate;
(C) be of similar or higher nutritional value as the type of agricultural commodities that would be supplanted in the existing food package for that Tribal organization or be an agricultural commodity with Tribal significance to that Indian Tribe; and
(D) meet any other criteria determined by the Secretary.
(5) Report.— Not later than 1 year after the date on which funds are appropriated under paragraph (6) and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the activities carried out under the demonstration project during the preceding year.
(6) Funding.—
(A) Authorization of appropriations.— There is authorized to be appropriated to carry out this subsection $1,000,000, to remain available until expended.
(B) Appropriations in advance.— Only funds appropriated under subparagraph (A) in advance specifically to carry out this subsection shall be available to carry out this subsection.
(b) Administration of tribal self-Determination contracts.—
(1) Administration.— The Secretary shall appoint an existing office of the United States Department of Agriculture to administer Tribal self-determination contracts to include but not limited to:
(A) awarding of Food and Nutrition Service nutrition program self-determination contracts to selected Tribal organizations; and
(B) hiring contract officers and program staff in order to manage the selection of Tribal organizations and execution of self-determination contracts.
(2) Staffing minimum funding.— Notwithstanding any other provision of law, there is authorized to be appropriated $1,200,000 for each of fiscal years 2027 through 2031 for the payment of Department contract officers and program staff salaries and benefits.
Section 10603(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c–4(b)) is amended by striking “2023” and inserting “2031”.
(a) In general.— Section 12(n)(2)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(n)(2)(A)) is amended to read as follows:
“(A) Requirements.—
(i) Purchase expenditures by category.— Subject to clause (ii) and subparagraph (B), the Secretary shall require that a school food authority purchase, with respect to each food purchase category designated by the Agricultural Marketing Service, at least 95 percent domestic products and commodities in each such category.
(ii) Domestically unavailable products and commodities.— Domestically unavailable products and commodities included on a list issued pursuant to clause (iii) with respect to a school year and purchased by a school food authority during such school year shall not be used to calculate whether such school food authority meets the requirements under clause (i).
(iii) Updated list.— Not later than 6 months after the date of the enactment of this subparagraph, and every 2 years thereafter, the Secretary shall make available to school food authorities a list of domestically unavailable products and commodities.
(iv) Limited waiver authority.— Except with respect to a domestically unavailable product or commodity included on a list pursuant to clause (iii), the Secretary may not waive or make accommodations for any of the requirements of this subparagraph.
(v) Prohibition on certain products from China or Russia.— The Secretary shall prohibit school food authorities from purchasing raw or processed poultry products or seafood imported into the United States from the People’s Republic of China or the Russian Federation.”.
(b) Application.— The amendments made by subsection (a) shall apply to school food authorities beginning on the first day of the first school year that begins after the date of the enactment of this Act.
Section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by amending subparagraph (C) to read as follows:
“(C) Federal share.—
(i) In general.— Except as provided in clause (ii) and subparagraph (D)(iii), the Federal share of the cost of carrying out an activity under this subsection shall not exceed 50 percent of the total cost of the activity.
(ii) Waiver for persistent poverty areas.— The Secretary may waive the application of clause (i) in the case of an activity carried out—
(I) in a county that, during the preceding 30-year period has had a population of which greater than or equal to 20 percent of such population are living in poverty (as measured by the most recent decennial censuses and most recent Small Area Income and Poverty Estimates of the Bureau of the Census); or
(II) in a census tract with a poverty rate of at least 20 percent during the preceding 30-year period, as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census.”; and
(B) in paragraph (2)(B)—
(i) by redesignating clauses (ix) and (x) as clauses (x) and (xi); and
(ii) by inserting after clause (viii) the following:
“(ix) increase year-round availability of incentives by offering all forms of fruits or vegetables;”;
(2) in subsection (c), by striking “fresh fruits and vegetables” and inserting “all forms of fruits, vegetables, and legumes” each place it appears; and
(3) in subsection (f)—
(A) in paragraph (1), by striking “2023” and inserting “2031”; and
(B) in paragraph (3), by striking “2023” each place it appears and inserting “2031”.
Section 224(e)(2) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6924(e)(2)) is amended—
(1) in the heading, by inserting “Annual” before “Report”;
(2) in the matter preceding subparagraph (A), by inserting “and annually thereafter,” before “the Secretary shall”;
(3) in subparagraph (A), by striking “and” at the end;
(4) in subparagraph (B), by striking the period at the end and inserting a semicolon; and
(5) by adding at the end the following:
“(C) a general description of each project and activity implemented pursuant to this section;
(D) a summary of the cooperative agreements entered into pursuant to subsection (c);
(E) a detailed account of how the Secretary avoided, managed, or will manage market disruption; and
(F) a summary of coordinated activities with the Administrator of the Environmental Protection Agency and the Commissioner of the Food and Drug Administration, including interagency communication and coordination related to the promotion or exclusion of practices and technologies to limit food waste.”.
Section 4208 of the Agriculture Improvement Act of 2018 (7 U.S.C. 2026a) is amended—
(1) in the section heading, by striking “Healthy fluid milk” and inserting “Dairy Nutrition” (and by conforming the item of such section in the table of contents accordingly);
(2) by striking “healthy fluid milk” and inserting “dairy nutrition” each place it appears;
(3) by amending subsection (a) to read as follows:
“(a) Definitions.— In this section:
(1) Covered dairy products.— The term covered dairy products means—
(A) cheese (including nonstandardized cheese) that is—
(i) made from pasteurized cow’s milk;
(ii) a good source of protein, as determined by the Secretary; and
(iii) sold as a block, chunk, shred, slice, stick, string or in snack-size form; and
(B) yogurt (or other cultured dairy product) that—
(i) is made from pasteurized cow’s milk;
(ii) is a good source of protein, as determined by the Secretary; and
(iii) contains limited amounts of added sugars.
(2) Fluid milk.— The term fluid milk means all varieties 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, State, and local standards for fluid milk.”;
(4) in subsection (b), by inserting “and covered dairy products” after “of fluid milk” each place it appears;
(5) in subsection (c)(3), by inserting “and covered dairy products” after “purchase of fluid milk”; and
(6) in subsection (e)(1), by striking “$20,000,000” and inserting “$50,000,000”.
(a) In general.— The Secretary of Agriculture shall establish a program under which the Secretary will enter into cooperative agreements (on a noncompetitive basis) with eligible entities—
(1) to help support covered local producers through building and expanding economic opportunities;
(2) to establish and broaden partnerships with such covered local producers and the food distribution community to ensure distribution of fresh (including fresh frozen) and nutritious foods; and
(3) to strengthen such entity’s local and regional food security and systems.
(b) Use of funds.— An eligible entity selected to enter into a cooperative agreement under this section shall use funds received through such agreement—
(1) to purchase unprocessed or minimally processed local foods (including seafood, meat, milk and dairy products, eggs, produce, and poultry) from covered producers;
(2) to ensure that at least 25 percent of the total annual value of products purchased by the eligible entity comprises purchases from small-size producers, mid-size producers, beginning farmers or ranchers, or veteran farmers or ranchers;
(3) to provide technical assistance supporting—
(A) covered local producers, including in obtaining food safety training and certifications; and
(B) efforts to grow the local agricultural value chain;
(4) to distribute such local foods to organizations, including nonprofit organizations, that have experience in food distribution to improve access to healthy and nutritious food; and
(5) to build and expand economic opportunity for covered local producers.
(c) Limitation on use of funds.—
(1) In general.— Of the amount made available to an eligible entity through a cooperative agreement under this section, an eligible entity may use not more than 15 percent of such amount—
(A) to cover administrative expenses; and
(B) to provide technical assistance described in subsection (b)(3);
(2) Allocation for technical assistance.— Of the amount described in paragraph (1), an eligible entity shall use not less than 50 percent to provide technical assistance described in subsection (b)(3).
(d) Technical assistance to eligible entities.— The Secretary shall provide to eligible entities entering into a cooperative agreement under this section guidance, technical assistance, instruction, and monitoring throughout the life cycle of the cooperative agreement.
(e) Amount of allocation.— Of the amounts made available to carry out this section for each fiscal year, the Secretary shall—
(1) allocate 10 percent to Tribal Governments, to be allocated using a funding formula determined by the Secretary; and
(2) of the amounts remaining after making the allocation under paragraph (1), allocate 1 percent to each State (other than Tribal Governments); and
(3) after making the allocations under paragraphs (1) and (2), allocate the remaining amounts to each eligible entity (other than Tribal Governments) by applying the formula described in section 214 of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7515).
(f) Funding.— There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2027 through 2031.
(g) Definitions.— In this section:
(1) Beginning farmer or rancher; veteran farmer or rancher.— The terms beginning farmer or rancher and veteran farmer or rancher have the meanings given such terms in section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279).
(2) Covered producer.— The term covered producer means a fisherman, farmer, producer, rancher, processor, or cooperative processor that is—
(A) within the geographic boundaries of the eligible entity in which the food will be delivered; or
(B) not more than 400 miles from the delivery destination of the food.
(3) Eligible entity.— The term eligible entity means a State agency, commission, or department that is responsible for agriculture, procurement, food distribution, emergency response, or other similar activities within the State.
(4) Mid-size producer.— The term mid-sized producer means an individual whose annual gross cash farm income is equal to or exceeds $350,000 and is less than $999,999.
(5) Small-size producer.— The term small-sized producer means one whose annual gross cash farm income is less than $350,000.
(6) State.— The term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe.
(7) Unprocessed or minimally processed local foods.— The term unprocessed or minimally processed local foods means food products means only those agricultural products that retain their inherent character. Such term includes—
(A) fruits and vegetables (including 100 percent juices);
(B) grain products, such as pastas and rice;
(C) meats (including whole carcasses, pieces thereof, or ground meat);
(D) protein sources that are meat alternatives (such as beans or legumes) and fluid milk and other dairy foods (such as cheese and yogurt); and
(E) foods in a wide variety of minimal processing states (such as whole, cut, or pureed) or forms (such as fresh, frozen, canned, or dried).
Section 243(d) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6953(d)) is amended by striking “$125,000,000” and inserting “$135,000,000”.
(a) In general.— Section 301(a) of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341(a)) is amended—
(1) in paragraph (1)—
(A) by striking “At least every five years” and inserting “Beginning with the 2030 report and at least every 10 years thereafter,”; and
(B) by adding at the end the following: “Rulemaking requirements under section 553 of title 5, United States Code, shall apply to the development of each report under this paragraph.”;
(2) in paragraph (2), by striking “shall be based on the preponderance of the scientific and medical knowledge which is current at the time the report is prepared.” and inserting
“(A) be based on significant scientific agreement that is determined by evidence-based review (as defined in paragraph (8)(A));
(B) be current at the time the report is prepared;
(C) be derived from questions generated under paragraph (5)(E);
(D) address high-priority areas of concern to advance health outcomes;
(E) be designed to achieve nutritional adequacy and promote health, as specified by the Food and Nutrition Board of the National Academies of Sciences, Engineering and Medicine, from the consumption of food, including nutrients and bioactive food components occurring naturally and in fortified foods;
(F) include nutritional and dietary information relevant to individuals with nutrition-related common chronic diseases, as defined by the Centers for Disease Control and Prevention; and
(G) include recommendations that are affordable, available, and accessible for the general population.”;
(3) by redesignating paragraph (3) as paragraph (7);
(4) by inserting after paragraph (2) the following:
“(3) Frequency.— The Secretaries may publish the report required under paragraph (1) more frequently than required under that paragraph if the Secretaries determine that more frequent publication is necessary to promote health, based on the updated dietary reference intake values specified by—
(A) the Food and Nutrition Board of the National Academies of Sciences, Engineering and Medicine; and
(B) other relevant scientific advancements based on continuous monitoring of the totality of publicly available scientific evidence.
(4) Notification of update.—
(A) In general.— Not later than 90 days before the Secretaries plan to update a report under paragraph (1), the Secretaries shall submit notification of that plan, in writing, to the Committees on Agriculture, Nutrition, and Forestry and Health, Education, Labor, and Pensions of the Senate and the Committees on Agriculture and Energy and Commerce of the House of Representatives.
(B) Justification.— The notification under subparagraph (A) shall include a justification for updating the report.
(5) Independent advisory board.—
(A) In general.— Not later than 90 days after the Secretaries submit a notification under paragraph (4)(A), the Secretaries shall establish an Independent Advisory Board (referred to in this paragraph as the “Board”).
(B) Members.— The Board shall be comprised of at least 4 members and not more than 8 members, of which—
(i) 4 shall be appointed by the Secretaries, 2 of whom shall not be Federal employees; and
(ii) 1 may be appointed by each of the highest ranking Member of Congress on each Committee described in paragraph (4)(A) of the opposite political party of the President of the United States at the time of the appointment.
(C) Expertise.— Each member appointed to the Board shall have expertise in nutrition science or food science, including academic and applied experience.
(D) Meetings.—
(i) In general.— The first meeting of the Board—
(I) may only take place on or after the date that 4 members are appointed to the Board under subparagraph (B); and
(II) shall take place on or after the date that is 90 days after the Secretaries submit a notification under paragraph (4)(A).
(ii) Quorum.— A majority of the members shall constitute a quorum for the transaction of the business of the Board.
(E) Duties.— Not later than 1 year after the establishment of the Board, the Board shall submit to the Secretaries and the Committees described in paragraph (4)(A) a list of scientific questions relating to the report for purposes of paragraph (2)(C).
(F) Termination.— The authority of the Board shall terminate, and the Board shall disband, immediately after carrying out subparagraph (E).
(6) Exclusion.— The information and guidelines contained in each report required under paragraph (1) shall not be based on or include topics that are not relevant to dietary guidance, as determined by the Secretaries, in consultation with the Independent Advisory Board established under paragraph (5), including taxation, social welfare policies, purchases under Federal feeding programs, food and agricultural production practices, food labeling, socioeconomic status, race, religion, ethnicity, culture, or regulations relating to nutrition.”; and
(5) by adding at the end the following:
“(8) Evidence-based review.—
(A) Definition.— In this paragraph, the term evidence-based review means a process under which—
(i) the totality of the scientific evidence relevant to a question of interest is collected, analyzed, and evaluated;
(ii) scientific studies, conclusions, and recommendations are rated, adhering strictly to standardized, generally accepted evidence-based review methods; and
(iii) external peer review is conducted by nongovernment experts with recognized expertise in quality of evidence evaluation.
(B) Strength of evidence.— Each guideline contained in a report published under paragraph (1) shall be assigned a rating by the Secretaries for the strength of evidence used, including to the extent by which the guideline will improve the Healthy Eating Index.
(9) Transparency.—
(A) Disclosure.— Any individual appointed to the Dietary Guidelines Advisory Committee or an Independent Advisory Board established under paragraph (5) shall—
(i) be appointed as a special government employee;
(ii) comply with financial disclosure requirements applicable to such a special government employee under subpart I of part 2634 of title 5, Code of Federal Regulations (or successor regulations), including the requirement to file the Office of Government Ethics Form 450 (or successor Form); and
(iii) prior to such an appointment, provide a report to the Secretaries regarding, for the 10-year period preceding such report, any research funding or professional affiliation relating to a report under paragraph (1).
(B) Publication.— Notwithstanding any other provision of law, not later than 30 days after the date on which a Dietary Guidelines Advisory Committee or an Independent Advisory Board is established, the Secretaries shall make publicly available—
(i) a summary of the financial disclosures reported by members of such Committee or Board;
(ii) the research funding and professional affiliations reported by such members under subparagraph (A)(iii), categorized by the name of the individual; and
(iii) a detailed plan for managing any disclosed conflicts of interest, including financial or ethical conflicts of interest, preferences, values, and beliefs.”.
(b) Controlling report.— The 2025 Dietary Guidelines for Americans published by the Secretaries under subsection (a)(1) of section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341(a)(1)) shall be controlling and considered to be the most recent Dietary Guidelines for Americans until the publication of the first report under such subsection in accordance with the amendments made to such section by this Act.
(a) In general.— The Secretary of Agriculture, in coordination with the Secretary of Health and Human Services, shall develop a low-risk classification for fresh fruits, vegetables, and other foods that are typically consumed raw or with minimal processing, and update relevant nutrition and food safety and preparation regulations and guidelines for child care providers in accordance with the classification under this section.
(b) Classification.— In developing the classification under this section, the Secretaries shall consider—
(1) the limited risks of food-born illness and negative health impacts associated with handling and preparing fresh fruits, vegetables, and other foods that are typically consumed raw or with minimal processing;
(2) best practices to minimize food safety risks without obstructing access to low-risk foods as defined under the classification under this section, including but not limited to access to a handwashing sink; and
(3) existing barriers that privilege packaged, processed foods over fresh fruits, vegetables, and other foods that are typically consumed raw or with minimal processing.
(c) Implementation.— The Secretaries shall ensure the effective coordination of policies and activities within the Department of Agriculture and the Department of Health and Human Services related to nutrition and food safety and preparation in child care facilities to ensure State regulations that impact such activities reflect the classification under this section and protect child care providers from any penalties as a result of providing children foods in compliance with this section.
(d) Compliance.— States that fail to comply with the policies and activities described in subsection (c) may have funds withheld.
(a) Streamlining applications for farmers.—
(1) Definitions.— In this section:
(A) Covered nutrition program.— The term covered nutrition program means—
(i) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(ii) the senior farmers’ market nutrition program established under section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007);
(iii) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), including the farmers’ market nutrition program under that program; and
(iv) the Gus Schumacher Nutrition Incentive Program established under section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517), as practicable with respect to the activities carried out by the Secretary under paragraphs (2) and (3).
(B) Secretary.— The term Secretary means the Secretary of Agriculture.
(2) Streamlined application process.—
(A) In general.— The Secretary shall establish a streamlined application process—
(i) for direct marketing farmers and ranchers to apply to be vendors under each of the covered nutrition programs; and
(ii) by—
(I) developing a single application that a direct marketing farmer or rancher may use to apply to each of the covered nutrition programs; or
(II) developing an information sharing system that—
(aa) shares the information of a direct marketing farmer or rancher who is approved as an authorized vendor under a covered nutrition program with each of the other covered nutrition programs; and
(bb) deems that direct marketing farmer or rancher as a prequalified eligible vendor for those other covered nutrition programs.
(B) Report.— Not later than 1 year after the date of enactment of this Act, 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 describing progress made in carrying out subparagraph (A).
(3) Streamlined processing of benefits.— The Secretary shall establish a streamlined process for direct marketing farmers and ranchers that are vendors under any of the covered nutrition programs to process benefits under those programs through the use of standardized technology, such as a single piece of equipment or a mobile application.
(b) Support for wireless and mobile equipment for certain entities.— Section 7(f)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(f)(2)) is amended—
(1) by redesignating subparagraph (C) as subparagraph (D); and
(2) by inserting after subparagraph (B) the following:
“(C) Requirement.— The Secretary shall ensure that equipment or systems made available to entities described in clauses (i) and (ii) of subparagraph (B) by a State agency or an implementing partner of a State agency is appropriate for the entity, including, with respect to farmers markets and other direct-to-consumer markets, wireless or mobile processing equipment and technology systems.”.