119-hr2496

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2496 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2496

 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

 March 31, 2025

Mr. Costa (for himself, Mr. Langworthy, Ms. Pingree, Mr. Newhouse, Mr. 
 Panetta, Mr. Rouzer, Mr. Van Orden, Mr. Miller of Ohio, Mr. Rogers of 
 Alabama, Ms. Bonamici, Mr. Grothman, Mr. Riley of New York, and Mr. 
Evans of Colorado) 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 2025''.

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 2026 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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