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