HR3474-118

1. Short title This Act may be cited as the Senior Hunger Prevention Act of 2023.

2. Improving efficacy of the supplemental nutrition assistance program Section 3(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)) is amended in the second sentence by striking 24 and inserting 36. Section 5(e)(5) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(5)) is amended— in the paragraph heading, by striking Excess medical and inserting Medical; in subparagraph (A), by striking an excess medical and all that follows through the period at the end and inserting a standard medical deduction or a medical expense deduction of actual costs for the allowable medical expenses incurred by the elderly or disabled member, exclusive of special diets.; in subparagraph (B)(i), by striking excess; and by adding at the end the following: Except as provided in clause (ii), the standard medical expense deduction shall be— for fiscal year 2024, $155; and for each subsequent fiscal year, equal to the applicable amount for the immediately preceding fiscal year as adjusted to reflect changes for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers: Medical Care published by the Bureau of Labor Statistics of the Department of Labor. For any fiscal year, a State agency may establish a greater standard medical expense deduction than described in clause (i) if the greater deduction satisfies cost neutrality standards established by the Secretary for that fiscal year. Section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)) is amended in the proviso clause by striking 8 percent and inserting 1/3. (D)Standard medical expense deduction amount(i)In generalExcept as provided in clause (ii), the standard medical expense deduction shall be—(I)for fiscal year 2024, $155; and (II)for each subsequent fiscal year, equal to the applicable amount for the immediately preceding fiscal year as adjusted to reflect changes for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers: Medical Care published by the Bureau of Labor Statistics of the Department of Labor.(ii)ExceptionFor any fiscal year, a State agency may establish a greater standard medical expense deduction than described in clause (i) if the greater deduction satisfies cost neutrality standards established by the Secretary for that fiscal year..

3. Streamlining nutrition access for older adults and adults with disabilities Section 3(j)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(j)(2)(B)) is amended by inserting (which includes medical assistance provided to an individual described in section 1902(e)(14)(D)(i)(III) of the Social Security Act (42 U.S.C. 1396a(e)(14)(D)(i)(III))) after (42 U.S.C. 1396 et seq.). The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: Not later than 180 days after the date of enactment of this section, the Secretary shall establish a program, to be known as the elderly simplified application program (referred to in this section as ESAP), under which a State, in carrying out the supplemental nutrition assistance program, may elect to implement a streamlined application and certification process for households in which all adult members— are elderly or disabled members; and have no earned income. The certification period for participants in ESAP shall be 36 months. A State agency determining the eligibility for an applicant household under ESAP shall, notwithstanding section 11(e)(3)— to the maximum extent practicable, use data matching for income verification and household size; and allow self-declaration by the applicant of the information required under section 273.2(f) of title 7, Code of Federal Regulations (or successor regulations); but verify, prior to certification of the household, factors of eligibility provided by the applicant that the State agency determines are questionable. In carrying out paragraph (1), a State agency shall establish accountability and fraud protection measures to deter fraud and ensure the integrity of ESAP and the supplemental nutrition assistance program. Notwithstanding section 11(e)(6)(A), for recertification of a household under ESAP, the State agency shall not require an interview unless requested by the household, which may be conducted virtually. Prior to the establishment of ESAP under subsection (a), the Administrator of the Food and Nutrition Service shall develop guidance for States, including by consulting with States, to carry out ESAP, which shall include— general implementation guidelines; reporting requirements; quality control requirements; and best practices. The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (b)) is amended by adding at the end the following: Not later than 180 days after the date of enactment of this section, the Secretary, in coordination with the Commissioner of Social Security, shall establish a program, to be known as the ‘combined application program’ (referred to in this section as CAP), under which a State, in carrying out the supplemental nutrition assistance program, may elect to implement a streamlined application process for households in which all adult members are applicants for or recipients of benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) on the basis of a disability or supplemental security income under title XVI of that Act (42 U.S.C. 1381 et seq.). The purposes of CAP are— to reduce the need for households described in subsection (a) to have in-person interviews with State offices administering the supplemental nutrition assistance program; and to increase participation in the supplemental nutrition assistance program by simplifying the application process for that program through increased automation and simplified calculation of benefits. The Secretary, in coordination with the Commissioner of the Social Security Administration, shall offer, at a minimum, each of the following models for States to implement CAP: Under the standard model, the Commissioner of the Social Security Administration and the State agency administering the supplemental nutrition assistance program shall coordinate— to develop a simplified joint application process for the supplemental nutrition assistance program that uses standardized benefit amounts or standardized shelter expenses, in accordance with this paragraph; and to conduct outreach to adult members receiving supplemental security income under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) that are not receiving benefits under the supplemental nutrition assistance program. Under the standardized model described in subparagraph (A), applicants shall receive a standardized or automated benefit level under the supplemental nutrition assistance program based on their shelter expenses and other income. At a minimum, there shall be 2 standardized benefit levels under clause (i), including, as determined by the State— a level for participants with low shelter expenses; and a level for participants with high shelter expenses. A State shall ensure that the amount provided under a standardized benefit level under clause (i) is comparable to an amount that a participant would otherwise receive under the supplemental nutrition assistance program. A State shall refer a household described in subsection (a) to the supplemental nutrition assistance program instead of enrolling that household in CAP if the standardized amount that the household would receive under CAP would be significantly less than the amount of benefits that the household would receive under the supplemental nutrition assistance program. In computing an excess shelter expense deduction under section 5(e)(6), a State agency may use a standard utility allowance in accordance with regulations promulgated by the Secretary. Under the modified model, a State agency administering the supplemental nutrition assistance program shall— conduct outreach to prospective participants in the supplemental nutrition assistance program using information from the Social Security Administration to identify households described in subsection (a) that are not participants in the supplemental nutrition assistance program; and send to those households simplified application forms for the supplemental nutrition assistance program. 31.Elderly Simplified Application Program(a)In generalNot later than 180 days after the date of enactment of this section, the Secretary shall establish a program, to be known as the elderly simplified application program (referred to in this section as ESAP), under which a State, in carrying out the supplemental nutrition assistance program, may elect to implement a streamlined application and certification process for households in which all adult members—(1)are elderly or disabled members; and (2)have no earned income. (b)Certification periodThe certification period for participants in ESAP shall be 36 months. (c)Income and other data verification(1)In generalA State agency determining the eligibility for an applicant household under ESAP shall, notwithstanding section 11(e)(3)—(A)to the maximum extent practicable, use data matching for income verification and household size; and(B)(i)allow self-declaration by the applicant of the information required under section 273.2(f) of title 7, Code of Federal Regulations (or successor regulations); but(ii)verify, prior to certification of the household, factors of eligibility provided by the applicant that the State agency determines are questionable. (2)Accountability and fraud preventionIn carrying out paragraph (1), a State agency shall establish accountability and fraud protection measures to deter fraud and ensure the integrity of ESAP and the supplemental nutrition assistance program.(d)InterviewsNotwithstanding section 11(e)(6)(A), for recertification of a household under ESAP, the State agency shall not require an interview unless requested by the household, which may be conducted virtually.(e)GuidancePrior to the establishment of ESAP under subsection (a), the Administrator of the Food and Nutrition Service shall develop guidance for States, including by consulting with States, to carry out ESAP, which shall include—(1)general implementation guidelines;(2)reporting requirements; (3)quality control requirements; and(4)best practices.. 32.Combined application program(a)In generalNot later than 180 days after the date of enactment of this section, the Secretary, in coordination with the Commissioner of Social Security, shall establish a program, to be known as the ‘combined application program’ (referred to in this section as CAP), under which a State, in carrying out the supplemental nutrition assistance program, may elect to implement a streamlined application process for households in which all adult members are applicants for or recipients of benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) on the basis of a disability or supplemental security income under title XVI of that Act (42 U.S.C. 1381 et seq.). (b)PurposesThe purposes of CAP are—(1)to reduce the need for households described in subsection (a) to have in-person interviews with State offices administering the supplemental nutrition assistance program; and (2)to increase participation in the supplemental nutrition assistance program by simplifying the application process for that program through increased automation and simplified calculation of benefits. (c)CAP modelsThe Secretary, in coordination with the Commissioner of the Social Security Administration, shall offer, at a minimum, each of the following models for States to implement CAP:(1)Standard model(A)In generalUnder the standard model, the Commissioner of the Social Security Administration and the State agency administering the supplemental nutrition assistance program shall coordinate—(i)to develop a simplified joint application process for the supplemental nutrition assistance program that uses standardized benefit amounts or standardized shelter expenses, in accordance with this paragraph; and(ii)to conduct outreach to adult members receiving supplemental security income under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) that are not receiving benefits under the supplemental nutrition assistance program.(B)Standardized benefit amounts(i)In generalUnder the standardized model described in subparagraph (A), applicants shall receive a standardized or automated benefit level under the supplemental nutrition assistance program based on their shelter expenses and other income. (ii)Minimum standardized benefit levelsAt a minimum, there shall be 2 standardized benefit levels under clause (i), including, as determined by the State—(I)a level for participants with low shelter expenses; and (II)a level for participants with high shelter expenses.(iii)Comparable amountA State shall ensure that the amount provided under a standardized benefit level under clause (i) is comparable to an amount that a participant would otherwise receive under the supplemental nutrition assistance program. (iv)ReferralA State shall refer a household described in subsection (a) to the supplemental nutrition assistance program instead of enrolling that household in CAP if the standardized amount that the household would receive under CAP would be significantly less than the amount of benefits that the household would receive under the supplemental nutrition assistance program.(C)Standardized shelter expensesIn computing an excess shelter expense deduction under section 5(e)(6), a State agency may use a standard utility allowance in accordance with regulations promulgated by the Secretary.(2)Modified modelUnder the modified model, a State agency administering the supplemental nutrition assistance program shall—(A)conduct outreach to prospective participants in the supplemental nutrition assistance program using information from the Social Security Administration to identify households described in subsection (a) that are not participants in the supplemental nutrition assistance program; and(B)send to those households simplified application forms for the supplemental nutrition assistance program..

31. Elderly Simplified Application Program Not later than 180 days after the date of enactment of this section, the Secretary shall establish a program, to be known as the elderly simplified application program (referred to in this section as ESAP), under which a State, in carrying out the supplemental nutrition assistance program, may elect to implement a streamlined application and certification process for households in which all adult members— are elderly or disabled members; and have no earned income. The certification period for participants in ESAP shall be 36 months. A State agency determining the eligibility for an applicant household under ESAP shall, notwithstanding section 11(e)(3)— to the maximum extent practicable, use data matching for income verification and household size; and allow self-declaration by the applicant of the information required under section 273.2(f) of title 7, Code of Federal Regulations (or successor regulations); but verify, prior to certification of the household, factors of eligibility provided by the applicant that the State agency determines are questionable. In carrying out paragraph (1), a State agency shall establish accountability and fraud protection measures to deter fraud and ensure the integrity of ESAP and the supplemental nutrition assistance program. Notwithstanding section 11(e)(6)(A), for recertification of a household under ESAP, the State agency shall not require an interview unless requested by the household, which may be conducted virtually. Prior to the establishment of ESAP under subsection (a), the Administrator of the Food and Nutrition Service shall develop guidance for States, including by consulting with States, to carry out ESAP, which shall include— general implementation guidelines; reporting requirements; quality control requirements; and best practices.

32. Combined application program Not later than 180 days after the date of enactment of this section, the Secretary, in coordination with the Commissioner of Social Security, shall establish a program, to be known as the ‘combined application program’ (referred to in this section as CAP), under which a State, in carrying out the supplemental nutrition assistance program, may elect to implement a streamlined application process for households in which all adult members are applicants for or recipients of benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) on the basis of a disability or supplemental security income under title XVI of that Act (42 U.S.C. 1381 et seq.). The purposes of CAP are— to reduce the need for households described in subsection (a) to have in-person interviews with State offices administering the supplemental nutrition assistance program; and to increase participation in the supplemental nutrition assistance program by simplifying the application process for that program through increased automation and simplified calculation of benefits. The Secretary, in coordination with the Commissioner of the Social Security Administration, shall offer, at a minimum, each of the following models for States to implement CAP: Under the standard model, the Commissioner of the Social Security Administration and the State agency administering the supplemental nutrition assistance program shall coordinate— to develop a simplified joint application process for the supplemental nutrition assistance program that uses standardized benefit amounts or standardized shelter expenses, in accordance with this paragraph; and to conduct outreach to adult members receiving supplemental security income under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) that are not receiving benefits under the supplemental nutrition assistance program. Under the standardized model described in subparagraph (A), applicants shall receive a standardized or automated benefit level under the supplemental nutrition assistance program based on their shelter expenses and other income. At a minimum, there shall be 2 standardized benefit levels under clause (i), including, as determined by the State— a level for participants with low shelter expenses; and a level for participants with high shelter expenses. A State shall ensure that the amount provided under a standardized benefit level under clause (i) is comparable to an amount that a participant would otherwise receive under the supplemental nutrition assistance program. A State shall refer a household described in subsection (a) to the supplemental nutrition assistance program instead of enrolling that household in CAP if the standardized amount that the household would receive under CAP would be significantly less than the amount of benefits that the household would receive under the supplemental nutrition assistance program. In computing an excess shelter expense deduction under section 5(e)(6), a State agency may use a standard utility allowance in accordance with regulations promulgated by the Secretary. Under the modified model, a State agency administering the supplemental nutrition assistance program shall— conduct outreach to prospective participants in the supplemental nutrition assistance program using information from the Social Security Administration to identify households described in subsection (a) that are not participants in the supplemental nutrition assistance program; and send to those households simplified application forms for the supplemental nutrition assistance program.

4. Enrollment and outreach pilot program for older adults, kinship families, and adults with disabilities The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by section 3(c)) is amended by adding at the end the following: In this section: The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). The term eligible entity means— a State or local government agency; an Indian tribe or tribal organization; a nonprofit organization, including a public or nonprofit provider of services; a community-based organization; and an educational provider. The term kinship family means a family in which a child resides with and is being raised by a grandparent, another extended family member, or an adult with whom the child has a close family-like relationship, such as a godparent or a close family friend. The term older adult has the meaning given the term older individual in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). The term pilot program means the pilot program established under subsection (b). Not later than 180 days after the date of enactment of this section, the Secretary shall establish a pilot program, to be known as the Enrollment and Outreach Pilot Program for Older Adults, Kinship Families, and Adults with Disabilities, under which the Secretary shall award grants to eligible entities— to raise awareness among older adults, kinship families, and adults with disabilities of the availability, eligibility requirements, application procedures, and benefits of the supplemental nutrition assistance program; and to support older adults, kinship families, and adults with disabilities in enrolling in that program. In awarding grants under the pilot program, the Secretary shall give priority to— eligible entities that— provide services to older adults or adults with disabilities; provide services to kinship families, including kinship navigator programs; have experience implementing programs that receive funding under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); have experience implementing programs administered by the Food and Nutrition Service; or receive, plan to receive, or demonstrate an ability to partner with a program that receives funding under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or nutrition programs administered by the Secretary; and projects that will— serve communities with high rates of food insecurity, malnutrition, or low food access; serve rural communities, indigenous communities, or communities of color; serve members of the lesbian, gay, bisexual, transgender, and queer community; serve adults with limited English proficiency; serve veterans; serve residents in federally subsidized housing, including federally subsidized housing units for older adults and adults with disabilities; serve residents living in housing serving kinship families; and incorporate nutrition education activities that promote healthy eating and active lifestyles. An eligible entity receiving a grant under the pilot program shall use the grant to carry out 1 or more of the following activities: Application assistance, including— eligibility prescreening; assistance completing an application for the supplemental nutrition assistance program; assistance obtaining application verification documents; medical expense deduction counseling; and translation of materials and bilingual accommodation. Tailored information dissemination about the supplemental nutrition assistance program, including through— community-based outreach workshops and events; a toll-free hotline to provide information about Federal, State, and local food resources; informational websites and other social media sites; and printed or digital informational content. Transportation, including— transportation to or from a local office of the supplemental nutrition assistance program; and administration of vouchers or similar items for the transportation described in subparagraph (A). Identification, implementation, analysis, and dissemination of replicable and scalable models for increasing enrollment in the supplemental nutrition assistance program among older adults, kinship families, and adults with disabilities. A grant awarded under the pilot program to an eligible entity for a fiscal year shall be not less than $50,000, but not more than $250,000. An eligible entity may be awarded a grant under the pilot program for not more than 5 years. Not later than 2 years after the date of establishment of the pilot program, the Secretary shall conduct an evaluation of the pilot program. In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $12,250,000, to remain available until expended, to carry out the pilot program, of which not more than $250,000 shall be used to carry out the evaluation under subsection (f). Of the amounts made available under paragraph (1) (excluding the amount made available to carry out subsection (f)), not more than 3 percent may be used by the Secretary for administrative costs. 33.Enrollment and outreach pilot program for older adults, kinship families, and adults with disabilities(a)DefinitionsIn this section:(1)DisabilityThe term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).(2)Eligible entityThe term eligible entity means—(A)a State or local government agency;(B)an Indian tribe or tribal organization;(C)a nonprofit organization, including a public or nonprofit provider of services;(D)a community-based organization; and(E)an educational provider.(3)Kinship familyThe term kinship family means a family in which a child resides with and is being raised by a grandparent, another extended family member, or an adult with whom the child has a close family-like relationship, such as a godparent or a close family friend. (4)Older adultThe term older adult has the meaning given the term older individual in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002).(5)Pilot programThe term pilot program means the pilot program established under subsection (b).(b)EstablishmentNot later than 180 days after the date of enactment of this section, the Secretary shall establish a pilot program, to be known as the Enrollment and Outreach Pilot Program for Older Adults, Kinship Families, and Adults with Disabilities, under which the Secretary shall award grants to eligible entities—(1)to raise awareness among older adults, kinship families, and adults with disabilities of the availability, eligibility requirements, application procedures, and benefits of the supplemental nutrition assistance program; and (2)to support older adults, kinship families, and adults with disabilities in enrolling in that program. (c)PriorityIn awarding grants under the pilot program, the Secretary shall give priority to—(1)eligible entities that—(A)provide services to older adults or adults with disabilities;(B)provide services to kinship families, including kinship navigator programs;(C)have experience implementing programs that receive funding under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); (D)have experience implementing programs administered by the Food and Nutrition Service; or(E)receive, plan to receive, or demonstrate an ability to partner with a program that receives funding under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or nutrition programs administered by the Secretary; and (2)projects that will—(A)serve communities with high rates of food insecurity, malnutrition, or low food access;(B)serve rural communities, indigenous communities, or communities of color;(C)serve members of the lesbian, gay, bisexual, transgender, and queer community;(D)serve adults with limited English proficiency;(E)serve veterans;(F)serve residents in federally subsidized housing, including federally subsidized housing units for older adults and adults with disabilities;(G)serve residents living in housing serving kinship families; and(H)incorporate nutrition education activities that promote healthy eating and active lifestyles.(d)Eligible activitiesAn eligible entity receiving a grant under the pilot program shall use the grant to carry out 1 or more of the following activities:(1)Application assistance, including—(A)eligibility prescreening;(B)assistance completing an application for the supplemental nutrition assistance program;(C)assistance obtaining application verification documents;(D)medical expense deduction counseling; and(E)translation of materials and bilingual accommodation.(2)Tailored information dissemination about the supplemental nutrition assistance program, including through—(A)community-based outreach workshops and events;(B)a toll-free hotline to provide information about Federal, State, and local food resources;(C)informational websites and other social media sites; and(D)printed or digital informational content.(3)Transportation, including—(A)transportation to or from a local office of the supplemental nutrition assistance program; and(B)administration of vouchers or similar items for the transportation described in subparagraph (A). (4)Identification, implementation, analysis, and dissemination of replicable and scalable models for increasing enrollment in the supplemental nutrition assistance program among older adults, kinship families, and adults with disabilities.(e)Grants(1)Maximum amountA grant awarded under the pilot program to an eligible entity for a fiscal year shall be not less than $50,000, but not more than $250,000. (2)DurationAn eligible entity may be awarded a grant under the pilot program for not more than 5 years.(f)EvaluationNot later than 2 years after the date of establishment of the pilot program, the Secretary shall conduct an evaluation of the pilot program. (g)Funding(1)In generalIn addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $12,250,000, to remain available until expended, to carry out the pilot program, of which not more than $250,000 shall be used to carry out the evaluation under subsection (f).(2)Administrative costsOf the amounts made available under paragraph (1) (excluding the amount made available to carry out subsection (f)), not more than 3 percent may be used by the Secretary for administrative costs..

5. Food delivery under supplemental nutrition assistance program The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by section 4) is amended by adding at the end the following: In this section: The term covered retail food store means a retail food store, a public or private nonprofit meal delivery service, or a public or nonprofit meal delivery provider participating in the supplemental nutrition assistance program that is unable to cover the cost of food delivery for participants of that program. The term employee has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). In carrying out the supplemental nutrition assistance program, the Secretary shall— notify retail food stores participating in the supplemental nutrition assistance program of existing opportunities through which the retail food stores can deliver food to program participants, including by— allowing an EBT card to be swiped on delivery of food to the home (with a mobile device); and preparing food for pick-up; authorize public-private partnerships between the Department of Agriculture, retail food stores participating in the supplemental nutrition assistance program, and community-based organizations to provide free or low-cost food delivery, including through the use of private funds; in the case of a covered retail food store, use funds made available under subparagraph (E) of paragraph (3) to provide, in accordance with that paragraph, free grocery delivery for program participants who are older adults or adults with disabilities who are unable to shop for food or lack safe and accessible transportation options to the covered retail food store; and require each State to submit to the Secretary a State plan that describes how the State will— work with retail food stores participating in the supplemental nutrition assistance program and other community-based partners to establish a process for food delivery for program participants; administer the reimbursements described in paragraph (3), including timing, eligibility, and distribution processes; and ensure that retail food stores participating in the supplemental nutrition assistance program that are reimbursed for delivery costs under paragraph (3) adhere to the requirements described in subparagraph (B) of that paragraph. Not later than 10 days after the date on which the Secretary receives a State plan under paragraph (1)(D), the Secretary shall— approve or deny the State plan; and make publicly available on the website of the Department of Agriculture— the State plan; the determination made under subparagraph (A) with respect to that plan; and any guidance issued to the State with respect to that plan. Notwithstanding any other provision of law (including regulations, including sections 274.7(f) and 278.2(b) of title 7, Code of Federal Regulations (or successor regulations)), subject to the availability of funds, a State agency shall reimburse a covered retail food store for the cost of food delivery to program participants described in paragraph (1)(C) if— the covered retail food store meets the requirements under subparagraph (B); and the majority of the number of food items delivered by the covered retail food store are eligible for redemption using benefits under the program, regardless of whether the delivery includes nonfood items, subject to the condition that those nonfood items are of de minimis value. A covered retail food store may receive reimbursement for the cost of food delivery to program participants described in paragraph (1)(C) if the following requirements are met: Food delivery is performed by employees of the covered retail food store or employees of an entity contracted by the covered retail food store to perform deliveries. Before any employee described in clause (i) begins making food deliveries, that employee receives employer-provided health and safety training that reflects the most recent guidelines of the Centers for Disease Control and Prevention. All employees described in clause (i) performing deliveries are paid at a rate that is not less than the greater of— the minimum wage rate established under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); and the minimum wage rate established by the applicable State or locality in which the employee works. The covered retail food store meets the size standard determined by the Small Business Administration for a supermarket or other grocery retailer or a convenience retailer under section 121.201 of title 13, Code of Federal Regulations (or successor regulations). The covered retail food store does not— charge the supplemental nutrition assistance program participant for delivery costs that the covered retail food store will be reimbursed for; require minimum purchase thresholds in order to provide free delivery; restrict delivery times to least favorable windows for supplemental nutrition assistance program participants; or charge surge pricing. Reimbursable costs under subparagraph (A) include costs associated with purchasing point-of-sale devices or receiving technical assistance relating to point-of-sale devices. The maximum amount of reimbursement under subparagraph (A) for a food delivery fee shall be $10 per delivery, which may be adjusted by the Secretary for inflation. There is authorized to be appropriated to the Secretary $500,000,000 for fiscal year 2024, and each fiscal year thereafter, to remain available until expended, to cover the cost of food delivery described in paragraph (1)(C), to be distributed among the States to fund reimbursements by States under subparagraph (A). Not later than April 30, 2025, and April 30 of each year 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 describes, for the period covered by the report, as applicable— the number of program participants using food delivery services, including the percentage of those participants that are older adults and adults with disabilities; the authorized program retailers that were reimbursed under paragraph (3) and each reimbursement amount; any complications or difficulties experienced by States in administering reimbursements under paragraph (3); and recommendations or best practices to assist States in implementing food delivery programs. 34.Food delivery(a)DefinitionsIn this section:(1)Covered retail food storeThe term covered retail food store means a retail food store, a public or private nonprofit meal delivery service, or a public or nonprofit meal delivery provider participating in the supplemental nutrition assistance program that is unable to cover the cost of food delivery for participants of that program. (2)EmployeeThe term employee has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (b)Program modifications(1)In generalIn carrying out the supplemental nutrition assistance program, the Secretary shall—(A)notify retail food stores participating in the supplemental nutrition assistance program of existing opportunities through which the retail food stores can deliver food to program participants, including by—(i)allowing an EBT card to be swiped on delivery of food to the home (with a mobile device); and (ii)preparing food for pick-up;(B)authorize public-private partnerships between the Department of Agriculture, retail food stores participating in the supplemental nutrition assistance program, and community-based organizations to provide free or low-cost food delivery, including through the use of private funds; (C)in the case of a covered retail food store, use funds made available under subparagraph (E) of paragraph (3) to provide, in accordance with that paragraph, free grocery delivery for program participants who are older adults or adults with disabilities who are unable to shop for food or lack safe and accessible transportation options to the covered retail food store; and (D)require each State to submit to the Secretary a State plan that describes how the State will—(i)work with retail food stores participating in the supplemental nutrition assistance program and other community-based partners to establish a process for food delivery for program participants; (ii)administer the reimbursements described in paragraph (3), including timing, eligibility, and distribution processes; and(iii)ensure that retail food stores participating in the supplemental nutrition assistance program that are reimbursed for delivery costs under paragraph (3) adhere to the requirements described in subparagraph (B) of that paragraph.(2)State plansNot later than 10 days after the date on which the Secretary receives a State plan under paragraph (1)(D), the Secretary shall—(A)approve or deny the State plan; and(B)make publicly available on the website of the Department of Agriculture—(i)the State plan;(ii)the determination made under subparagraph (A) with respect to that plan; and(iii)any guidance issued to the State with respect to that plan.(3)Reimbursement of retail food stores(A)In generalNotwithstanding any other provision of law (including regulations, including sections 274.7(f) and 278.2(b) of title 7, Code of Federal Regulations (or successor regulations)), subject to the availability of funds, a State agency shall reimburse a covered retail food store for the cost of food delivery to program participants described in paragraph (1)(C) if—(i)the covered retail food store meets the requirements under subparagraph (B); and(ii)the majority of the number of food items delivered by the covered retail food store are eligible for redemption using benefits under the program, regardless of whether the delivery includes nonfood items, subject to the condition that those nonfood items are of de minimis value.(B)RequirementsA covered retail food store may receive reimbursement for the cost of food delivery to program participants described in paragraph (1)(C) if the following requirements are met:(i)Food delivery is performed by employees of the covered retail food store or employees of an entity contracted by the covered retail food store to perform deliveries.(ii)Before any employee described in clause (i) begins making food deliveries, that employee receives employer-provided health and safety training that reflects the most recent guidelines of the Centers for Disease Control and Prevention.(iii)All employees described in clause (i) performing deliveries are paid at a rate that is not less than the greater of—(I)the minimum wage rate established under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); and(II)the minimum wage rate established by the applicable State or locality in which the employee works. (iv)The covered retail food store meets the size standard determined by the Small Business Administration for a supermarket or other grocery retailer or a convenience retailer under section 121.201 of title 13, Code of Federal Regulations (or successor regulations).(v)The covered retail food store does not—(I)charge the supplemental nutrition assistance program participant for delivery costs that the covered retail food store will be reimbursed for;(II)require minimum purchase thresholds in order to provide free delivery;(III)restrict delivery times to least favorable windows for supplemental nutrition assistance program participants; or(IV)charge surge pricing.(C)Reimbursable costsReimbursable costs under subparagraph (A) include costs associated with purchasing point-of-sale devices or receiving technical assistance relating to point-of-sale devices. (D)Maximum reimbursement per deliveryThe maximum amount of reimbursement under subparagraph (A) for a food delivery fee shall be $10 per delivery, which may be adjusted by the Secretary for inflation. (E)Authorization of appropriationsThere is authorized to be appropriated to the Secretary $500,000,000 for fiscal year 2024, and each fiscal year thereafter, to remain available until expended, to cover the cost of food delivery described in paragraph (1)(C), to be distributed among the States to fund reimbursements by States under subparagraph (A).(4)ReportNot later than April 30, 2025, and April 30 of each year 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 describes, for the period covered by the report, as applicable—(A)the number of program participants using food delivery services, including the percentage of those participants that are older adults and adults with disabilities;(B)the authorized program retailers that were reimbursed under paragraph (3) and each reimbursement amount;(C)any complications or difficulties experienced by States in administering reimbursements under paragraph (3); and (D)recommendations or best practices to assist States in implementing food delivery programs..

8. Infrastructure funding for farmers' markets; local procurement pilot program The Farm Security and Rural Investment Act of 2002 is amended by inserting after section 4402 (7 U.S.C. 3007) the following: In this section: The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). The term financial assistance means— a loan; a loan guarantee; and a grant. The term older adult has the meaning given the term older individual in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). The term program means the program established under subsection (b). The term Secretary means the Secretary of Agriculture. In this subsection, the term eligible entity means an entity that— is— an agricultural cooperative or other agricultural business entity or a producer network or association, including a community supported agriculture network or association; a local or Tribal government; a nonprofit corporation; a public benefit corporation; an economic development corporation; a regional farmers' market authority; a food council; or any other entity as determined by the Secretary; and can demonstrate financial need, as determined by the Secretary. Not later than 180 days after the date of enactment of the Senior Hunger Prevention Act of 2023, the Secretary shall establish a program under which the Secretary shall provide financial assistance to eligible entities for— the establishment of new farmers' markets; the improvement or rehabilitation of existing farmers' markets, including by adding or improving payment technologies used in those farmers' markets; and the expansion of community supported agriculture to serve older adults and adults with disabilities. An eligible entity that receives financial assistance under the program shall be required— to host farmers’ markets or related activities at locations accessible— by public transportation; by paratransit; or through transportation services provided under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); and to reserve not less than 50 percent of the floor area of an applicable farmers' market for the sale of products that are produced locally, as determined by the Secretary, by— farmers, ranchers, or aquaculture, mariculture, or fisheries operators; or associations of farmers, ranchers, or aquaculture, mariculture, or fisheries operators. The non-Federal share of a grant provided under the program shall be 20 percent of the amount of the grant, which may comprise transportation costs, volunteer contributions, and in-kind staffing. Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $50,000,000 for each of fiscal years 2024 through 2028. In this subsection: The term agricultural producer includes— an agricultural cooperative; a person engaged in farming, ranching, or aquaculture; a person engaged in the packing of a food product; and a person engaged in the minimal processing of a food product, as determined by the Secretary. The term eligible entity means an entity that— coordinates enrollment in and distribution of benefits under the seniors farmers’ market nutrition program; or demonstrates an ability to partner with an entity that coordinates enrollment in and distribution of benefits under the seniors farmers’ market nutrition program; and is— a public or nonprofit provider of nutrition services or support to older adults or adults with disabilities, including— an Aging and Disability Resource Center (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)); an area agency on aging (as defined in that section); a State health insurance program; a State unit on aging; a center for independent living; a community health center; a multipurpose senior center; and federally subsidized housing, including federally subsidized housing units for older adults and adults with disabilities; and a local, State, or national parks and recreation department. Not later than 180 days after the date of enactment of the Senior Hunger Prevention Act of 2023, the Secretary shall establish a pilot program under which the Secretary shall award grants to eligible entities to contract with agricultural producers that will grow produce to support the local procurement and contracting of produce for eligible entities. In awarding grants under paragraph (2), the Secretary shall give priority to an eligible entity that will use the grant funds to benefit underserved communities, including communities that are located in areas of concentrated poverty with limited access to fresh locally or regionally grown food. Under a contract described in paragraph (2), an agricultural producer may grow produce through traditional or controlled environmental agriculture farming. Not later than 2 years after the date of establishment of the pilot program under paragraph (2), the Secretary shall conduct an evaluation of the pilot program. Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $350,000 for each of fiscal years 2024 through 2028. Of the amounts made available under subparagraph (A) for a fiscal year, not more than 5 percent may be used for administrative costs. In addition to amounts made available under subparagraph (A), there is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $25,000 to carry out paragraph (5). 4403.Infrastructure funding for farmers' markets; local procurement pilot program(a)DefinitionsIn this section:(1)DisabilityThe term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).(2)Financial assistanceThe term financial assistance means—(A)a loan;(B)a loan guarantee; and(C)a grant.(3)Older adultThe term older adult has the meaning given the term older individual in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002).(4)ProgramThe term program means the program established under subsection (b).(5)SecretaryThe term Secretary means the Secretary of Agriculture.(b)Infrastructure funding for farmers' markets(1)Definition of eligible entityIn this subsection, the term eligible entity means an entity that—(A)is—(i)an agricultural cooperative or other agricultural business entity or a producer network or association, including a community supported agriculture network or association;(ii)a local or Tribal government; (iii)a nonprofit corporation;(iv)a public benefit corporation; (v)an economic development corporation;(vi)a regional farmers' market authority;(vii)a food council; or (viii)any other entity as determined by the Secretary; and(B)can demonstrate financial need, as determined by the Secretary. (2)EstablishmentNot later than 180 days after the date of enactment of the Senior Hunger Prevention Act of 2023, the Secretary shall establish a program under which the Secretary shall provide financial assistance to eligible entities for—(A)the establishment of new farmers' markets;(B)the improvement or rehabilitation of existing farmers' markets, including by adding or improving payment technologies used in those farmers' markets; and(C)the expansion of community supported agriculture to serve older adults and adults with disabilities.(3)RequirementsAn eligible entity that receives financial assistance under the program shall be required—(A)to host farmers’ markets or related activities at locations accessible—(i)by public transportation;(ii)by paratransit; or(iii)through transportation services provided under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); and(B)to reserve not less than 50 percent of the floor area of an applicable farmers' market for the sale of products that are produced locally, as determined by the Secretary, by—(i)farmers, ranchers, or aquaculture, mariculture, or fisheries operators; or (ii)associations of farmers, ranchers, or aquaculture, mariculture, or fisheries operators.(4)Cost sharingThe non-Federal share of a grant provided under the program shall be 20 percent of the amount of the grant, which may comprise transportation costs, volunteer contributions, and in-kind staffing.(5)FundingOf the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $50,000,000 for each of fiscal years 2024 through 2028.(c)Local procurement pilot program(1)DefinitionsIn this subsection:(A)Agricultural producerThe term agricultural producer includes—(i)an agricultural cooperative;(ii)a person engaged in farming, ranching, or aquaculture;(iii)a person engaged in the packing of a food product; and(iv)a person engaged in the minimal processing of a food product, as determined by the Secretary.(B)Eligible entityThe term eligible entity means an entity that—(i)(I)coordinates enrollment in and distribution of benefits under the seniors farmers’ market nutrition program; or(II)demonstrates an ability to partner with an entity that coordinates enrollment in and distribution of benefits under the seniors farmers’ market nutrition program; and(ii)is—(I)a public or nonprofit provider of nutrition services or support to older adults or adults with disabilities, including—(aa)an Aging and Disability Resource Center (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002));(bb)an area agency on aging (as defined in that section);(cc)a State health insurance program;(dd)a State unit on aging;(ee)a center for independent living;(ff)a community health center; (gg)a multipurpose senior center; and(hh)federally subsidized housing, including federally subsidized housing units for older adults and adults with disabilities; and(II)a local, State, or national parks and recreation department.(2)EstablishmentNot later than 180 days after the date of enactment of the Senior Hunger Prevention Act of 2023, the Secretary shall establish a pilot program under which the Secretary shall award grants to eligible entities to contract with agricultural producers that will grow produce to support the local procurement and contracting of produce for eligible entities.(3)PriorityIn awarding grants under paragraph (2), the Secretary shall give priority to an eligible entity that will use the grant funds to benefit underserved communities, including communities that are located in areas of concentrated poverty with limited access to fresh locally or regionally grown food.(4)MethodsUnder a contract described in paragraph (2), an agricultural producer may grow produce through traditional or controlled environmental agriculture farming.(5)EvaluationNot later than 2 years after the date of establishment of the pilot program under paragraph (2), the Secretary shall conduct an evaluation of the pilot program. (6)Funding(A)In generalOf the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $350,000 for each of fiscal years 2024 through 2028.(B)Administrative costsOf the amounts made available under subparagraph (A) for a fiscal year, not more than 5 percent may be used for administrative costs.(C)EvaluationIn addition to amounts made available under subparagraph (A), there is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $25,000 to carry out paragraph (5)..