A. Legal Authority_2022 09 02

A. Legal Authority_2022 09 02.pdf

Rapid Cycle Evaluation of Operational Improvements in Supplemental Nutrition Assistance Program (SNAP) Employment & Training (E&T) Programs

A. Legal Authority_2022 09 02

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Appendix A. Legal Authority

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requirement that the Secretary reduce payments in accordance with paragraph (3).
(5) ALLOCATION OF ADMINISTRATIVE COSTS.—
(A) IN GENERAL.—No funds or expenditures described
in subparagraph (B) may be used to pay for costs—
(i) eligible for reimbursement under subsection (a)
(or costs that would have been eligible for reimbursement but for this subsection); and
(ii) allocated for reimbursement to the supplemental nutrition assistance program under a plan submitted by a State to the Secretary of Health and
Human Services to allocate administrative costs for
public assistance programs.
(B) FUNDS AND EXPENDITURES.—Subparagraph (A) applies to—
(i) funds made available to carry out part A of
title IV, or title XX, of the Social Security Act (42
U.S.C. 601 et seq., 1397 et seq.);
(ii) expenditures made as qualified State expenditures (as defined in section 409(a)(7)(B) of that Act (42
U.S.C. 609(a)(7)(B)));
(iii) any other Federal funds (except funds provided under subsection (a)); and
(iv) any other State funds that are—
(I) expended as a condition of receiving Federal funds; or
(II) used to match Federal funds under a Federal program other than the supplemental nutrition assistance program.
RESEARCH, DEMONSTRATION, AND EVALUATIONS

SEC. 17. ø7 U.S.C. 2026¿ (a)(1) The Secretary may enter into
contracts with or make grants to public or private organizations or
agencies under this section to undertake research that will help improve the administration and effectiveness of the supplemental nutrition assistance program in delivering nutrition-related benefits.
The waiver authority of the Secretary under subsection (b) shall extend to all contracts and grants under this section.
(2) The Secretary may, on application, permit not more than
two State agencies to establish procedures that allow households
whose monthly supplemental nutrition assistance program benefits
do not exceed $20, at their option, to receive, in lieu of their supplemental nutrition assistance program benefits for the initial period
under section 8 and their regular allotment in following months,
and at intervals of up to 3 months thereafter, aggregate allotments
not to exceed $60 and covering not more than 3 months’ benefits.
The allotments shall be provided in accordance with paragraphs (3)
and (9) of section 11(e) (except that no household shall begin to receive combined allotments under this section until it has complied
with all applicable verification requirements of section 11(e)(3)) and
(with respect to the first aggregate allotment so issued) within 40
days of the last benefit issuance.
(b)(1)(A) The Secretary may conduct on a trial basis, in one or
more areas of the United States, pilot or experimental projects deJune 6, 2022

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signed to test program changes that might increase the efficiency
of the supplemental nutrition assistance program and improve the
delivery of supplemental nutrition assistance program benefits to
eligible households, and may waive any requirement of this Act to
the extent necessary for the project to be conducted.
(B) PROJECT REQUIREMENTS.—
(i) PROGRAM GOAL.—The Secretary may not conduct a project under subparagraph (A) unless—
(I) the project is consistent with the goal of
the supplemental nutrition assistance program of
providing food assistance to raise levels of nutrition among low-income individuals; and
(II) the project includes an evaluation to determine the effects of the project.
(ii) PERMISSIBLE PROJECTS.—The Secretary may
conduct a project under subparagraph (A) to—
(I) improve program administration;
(II) increase the self-sufficiency of supplemental nutrition assistance program recipients;
(III) test innovative welfare reform strategies;
or
(IV) allow greater conformity with the rules of
other programs than would be allowed but for this
paragraph.
(iii) RESTRICTIONS ON PERMISSIBLE PROJECTS.—If
the Secretary finds that a project under subparagraph
(A) would reduce benefits by more than 20 percent for
more than 5 percent of households in the area subject
to the project (not including any household whose benefits are reduced due to a failure to comply with work
or other conduct requirements), the project—
(I) may not include more than 15 percent of
the number of households in the State receiving
supplemental nutrition assistance program benefits; and
(II) shall continue for not more than 5 years
after the date of implementation, unless the Secretary approves an extension requested by the
State agency at any time.
(iv) IMPERMISSIBLE PROJECTS.—The Secretary may
not conduct a project under subparagraph (A) that—
(I) involves the payment of the value of an allotment in the form of cash or otherwise providing
benefits in a form not restricted to the purchase
of food, unless the project was approved prior to
the date of enactment of this subparagraph øAugust 22, 1996¿;
(II) has the effect of substantially transferring
funds made available under this Act to services or
benefits provided primarily through another public assistance program, or using the funds for any
purpose other than the purchase of food, program
administration, or an employment or training program;
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(III) is inconsistent with—
(aa) paragraphs (4) and (5) of section
3(m);
(bb) the last sentence of section 5(a), insofar as a waiver denies assistance to an otherwise eligible household or individual if the
household or individual has not failed to comply with any work, behavioral, or other conduct requirement under this or another program;
(cc) section 5(c)(2);
(dd) paragraph (2)(B), (4)(F)(i), or (4)(K) of
section 6(d);
(ee) section 8(b);
(ff) section 11(e)(2)(B);
(gg) the time standard under section
11(e)(3);
(hh) subsection (a), (c), (g), (h)(1)(F),
(h)(2), or (h)(3) of section 16;
(ii) this paragraph; or
(jj) subsection (a)(1) or (g)(1) of section 20;
(IV) modifies the operation of section 5 so as
to have the effect of—
(aa) increasing the shelter deduction to
households with no out-of-pocket housing
costs or housing costs that consume a low percentage of the household’s income; or
(bb) absolving a State from acting with
reasonable promptness on substantial reported changes in income or household size
(except that this subclause shall not apply
with regard to changes related to supplemental nutrition assistance program deductions);
(V) is not limited to a specific time period;
(VI) waives a provision of section 26; or
(VII) waives a provision of section 7(i).
(v) ADDITIONAL INCLUDED PROJECTS.—A pilot or
experimental project may include projects involving
the payment of the value of allotments or the average
value of allotments by household size in the form of
cash to eligible households all of whose members are
age sixty-five or over or any of whose members are entitled to supplemental security income benefits under
title XVI of the Social Security Act ø(42 U.S.C. 1381
et seq.)¿ or are receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the use of identification mechanisms that do not invade a household’s privacy, and the use of food checks or other voucher-type
forms in place of EBT cards.
(vi) CASH PAYMENT PILOT PROJECTS.—Subject to
the availability of appropriations under section 18(a),
any pilot or experimental project implemented under
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this paragraph and operating as of October 1, 1981,
involving the payment of the value of allotments in
the form of cash to eligible households all of whose
members are either age sixty-five or over or entitled to
supplemental security income benefits under title XVI
of the Social Security Act ø(42 U.S.C. 1381 et seq.)¿
shall be continued if the State so requests.
(C)(i) No waiver or demonstration program shall be approved
under this Act after the date of enactment of this subparagraph
unless—
(I) any household whose food assistance is issued in a form
other than EBT cards has its allotment increased to the extent
necessary to compensate for any State or local sales tax that
may be collected in all or part of the area covered by the demonstration project, the tax on purchases of food by any such
household is waived, or the Secretary determines on the basis
of information provided by the State agency that the increase
is unnecessary on the basis of the limited nature of the items
subject to the State or local sales tax; and
(II) the State agency conducting the demonstration project
pays the cost of any increased allotments.
(ii) Clause (i) shall not apply if a waiver or demonstration
project already provides a household with assistance that exceeds
that which the household would otherwise be eligible to receive by
more than the estimated amount of any sales tax on the purchases
of food that would be collected from the household in the project
area in which the household resides.
(D) RESPONSE TO WAIVERS.—
(i) RESPONSE.—Not later than 60 days after the
date of receiving a request for a waiver under subparagraph (A), the Secretary shall provide a response
that—
(I) approves the waiver request;
(II) denies the waiver request and describes
any modification needed for approval of the waiver request;
(III) denies the waiver request and describes
the grounds for the denial; or
(IV) requests clarification of the waiver request.
(ii) FAILURE TO RESPOND.—If the Secretary does
not provide a response in accordance with clause (i),
the waiver shall be considered approved, unless the
approval is specifically prohibited by this Act.
(iii) NOTICE OF DENIAL.—On denial of a waiver request under clause (i)(III), the Secretary shall provide
a copy of the waiver request and a description of the
reasons for the denial to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
(2)(A) The Secretary may conduct demonstration projects to
test improved consistency or coordination between the supplemental nutrition assistance program employment and training proJune 6, 2022

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gram and the Job Opportunities and Basic Skills program under
title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(B) Notwithstanding paragraph (1), the Secretary may, as part
of a project authorized under this paragraph, waive requirements
under section 6(d) to permit a State to operate an employment and
training program for supplemental nutrition assistance program recipients on the same terms and conditions under which the State
operates its Job Opportunities and Basic Skills program for recipients of aid to families with dependent children under part F of title
IV of the Social Security Act (42 U.S.C. 681 et seq.). Any work experience program conducted as part of the project shall be conducted in conformity with section 482(f) of such Act (42 U.S.C.
682(f)).
(C) A State seeking such a waiver shall provide assurances
that the resulting employment and training program shall meet
the requirements of subsections (a)(19) and (g) of section 402 of
such Act (42 U.S.C. 602) (but not including the provision of transitional benefits under clauses (ii) through (vii) of section
402(g)(1)(A)) and sections 481 through 487 of such Act (42 U.S.C.
681 through 687). Each reference to ‘‘aid to families with dependent
children’’ in such sections shall be deemed to be a reference to supplemental nutrition assistance program benefits for purposes of the
demonstration project.
(D) Notwithstanding the other provisions of this paragraph,
participation in an employment and training activity in which supplemental nutrition assistance program benefits are converted to
cash shall occur only with the consent of the participant.
(E) For the purposes of any project conducted under this paragraph, the provisions of this Act affecting the rights of recipients
may be waived to the extent necessary to conform to the provisions
of section 402, and sections 481 through 487, of the Social Security
Act.
(F) At least 60 days prior to granting final approval of a project
under this paragraph, the Secretary shall publish the terms and
conditions for any demonstration project conducted under the paragraph for public comment in the Federal Register and shall notify
the Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(G) Waivers may be granted under this paragraph to conduct
projects at any one time in a total of up to 60 project areas (or
parts of project areas), as such areas are defined in regulations in
effect on January 1, 1990.
(H) A waiver for a change in program rules may be granted
under this paragraph only for a demonstration project that has
been approved by the Secretary, that will be evaluated according
to criteria prescribed by the Secretary, and that will be in operation for no more than 4 years.
(I) The Secretary may not grant a waiver under this paragraph
on or after the date of enactment of this subparagraph øAug. 22,
1996¿. Any reference in this paragraph to a provision of title IV of
the Social Security Act shall be deemed to be a reference to such
provision as in effect on the day before such date.
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(c) The Secretary shall develop and implement measures for
evaluating, on an annual or more frequent basis, the effectiveness
of the supplemental nutrition assistance program in achieving its
stated objectives, including, but not limited to, the program’s impact upon the nutritional and economic status of participating
households, the program’s impact upon all sectors of the agricultural economy, including farmers and ranchers, as well as retail
food stores, and the program’s relative fairness to households of different income levels, different age composition, different size, and
different regions of residence. Further, the Secretary shall, by way
of making contracts with or grants to public or private organizations or agencies, implement pilot programs to test various means
of measuring on a continuing basis the nutritional status of low income people, with special emphasis on people who are eligible for
supplemental nutrition assistance, in order to develop minimum
common criteria and methods for systematic nutrition monitoring
that could be applied on a nationwide basis. The locations of the
pilot programs shall be selected to provide a representative geographic and demographic cross-section of political subdivisions that
reflect natural usage patterns of health and nutritional services
and that contain high proportions of low income people. The Secretary shall report on the progress of these pilot programs on an
annual basis commencing on July 1, 1982, to the Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, together with
such recommendations as the Secretary deems appropriate.
(d) EMPLOYMENT INITIATIVES PROGRAM.—
(1) ELECTION TO PARTICIPATE.—
(A) IN GENERAL.—Subject to the other provisions of
this subsection, a State may elect to carry out an employment initiatives program under this subsection.
(B) REQUIREMENT.—A State shall be eligible to carry
out an employment initiatives program under this subsection only if not less than 50 percent of the households
in the State that received supplemental nutrition assistance program benefits during the summer of 1993 also received benefits under a State program funded under part
A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) during the summer of 1993.
(2) PROCEDURE.—
(A) IN GENERAL.—A State that has elected to carry out
an employment initiatives program under paragraph (1)
may use amounts equal to the allotments that would otherwise be issued to a household under the supplemental
nutrition assistance program, but for the operation of this
subsection, to provide cash benefits in lieu of the allotments to the household if the household is eligible under
paragraph (3).
(B) PAYMENT.—The Secretary shall pay to each State
that has elected to carry out an employment initiatives
program under paragraph (1) an amount equal to the
value of the allotment that each household participating in
the program in the State would be eligible to receive under
this Act but for the operation of this subsection.
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(C) OTHER PROVISIONS.—For purposes of the supplemental nutrition assistance program (other than this subsection)—
(i) cash assistance under this subsection shall be
considered to be an allotment; and
(ii) each household receiving cash benefits under
this subsection shall not receive any other supplemental nutrition assistance program benefits during
the period for which the cash assistance is provided.
(D) ADDITIONAL PAYMENTS.—Each State that has elected to carry out an employment initiatives program under
paragraph (1) shall—
(i) increase the cash benefits provided to each
household participating in the program in the State
under this subsection to compensate for any State or
local sales tax that may be collected on purchases of
food by the household, unless the Secretary determines on the basis of information provided by the
State that the increase is unnecessary on the basis of
the limited nature of the items subject to the State or
local sales tax; and
(ii) pay the cost of any increase in cash benefits
required by clause (i).
(3) ELIGIBILITY.—A household shall be eligible to receive
cash benefits under paragraph (2) if an adult member of the
household—
(A) has worked in unsubsidized employment for not
less than the preceding 90 days;
(B) has earned not less than $350 per month from the
employment referred to in subparagraph (A) for not less
than the preceding 90 days;
(C)(i) is receiving benefits under a State program
funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.); or
(ii) was receiving benefits under a State program funded under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) at the time the member first received
cash benefits under this subsection and is no longer eligible for the State program because of earned income;
(D) is continuing to earn not less than $350 per month
from the employment referred to in subparagraph (A); and
(E) elects to receive cash benefits in lieu of supplemental nutrition assistance program benefits under this
subsection.
(4) EVALUATION.—A State that operates a program under
this subsection for 2 years shall provide to the Secretary a
written evaluation of the impact of cash assistance under this
subsection. The State agency, with the concurrence of the Secretary, shall determine the content of the evaluation.
(e) The Secretary shall conduct a study of the effects of reductions made in benefits provided under this Act pursuant to part 1
of subtitle A of title I of the Omnibus Budget Reconciliation Act of
1981, the Food Stamp and Commodity Distribution Amendments of
1981, the Food Stamp Act Amendments of 1982, and any other
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laws enacted by the Ninety-seventh Congress which affect the supplemental nutrition assistance program. The study shall include a
study of the effect of retrospective accounting and periodic reporting procedures established under such Acts, including the impact
on benefit and administrative costs and on error rates and the degree to which eligible households are denied supplemental nutrition assistance program benefits for failure to file complete periodic
reports. 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 interim report
on the results of such study no later than February 1, 1984, and
a final report on the results of such study no later than March 1,
1985.
(f) In order to encourage States to plan, design, develop, and
implement a system for making supplemental nutrition assistance
program benefits available through the use of intelligent benefit
cards or other automated or electronic benefit delivery systems, the
Secretary may conduct one or more pilot or experimental projects,
subject to the restrictions imposed by subsection (b)(1) and section
7(f)(2), designed to test whether the use of such cards or systems
can enhance the efficiency and effectiveness of program operations
while ensuring that individuals receive correct benefit amounts on
a timely basis. Intelligent benefit cards developed under such a
demonstration project shall contain information, encoded on a computer chip embedded in a credit card medium, including the eligibility of the individual and the amount of benefits to which such
individual is entitled. Any other automated or electronic benefit delivery system developed under such a demonstration project shall
be able to use a plastic card to access such information from a data
file.
(g) In order to assess the effectiveness of the employment and
training programs established under section 6(d) in placing individuals into the work force and withdrawing such individuals from the
supplemental nutrition assistance program, the Secretary is authorized to carry out studies comparing the pre- and post-program
labor force participation, wage rates, family income, level of receipt
of supplemental nutrition assistance program and other transfer
payments, and other relevant information, for samples of participants in such employment and training programs as compared to
the appropriate control or comparison groups that did not participate in such programs. Such studies shall, to the maximum extent
possible—
(1) collect such data for up to 3 years after the individual
has completed the employment and training program; and
(2) yield results that can be generalized to the national
program as a whole.
The results of such studies and reports shall be considered in developing or updating the performance standards required under
section 6.
(h) The Secretary shall conduct a sufficient number of demonstration projects to evaluate the effects, in both rural and urban
areas, of including in financial resources under section 5(g) the fair
market value of licensed vehicles to the extent the value of each
vehicle exceeds $4,500, but excluding the value of—
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(1) any licensed vehicle that is used to produce earned income, necessary for transportation of an elderly or physically
disabled household member, or used as the household’s home;
and
(2) one licensed vehicle used to obtain, continue, or seek
employment (including travel to and from work), used to pursue employment-related education or training, or used to secure food or the benefits of the supplemental nutrition assistance program.
(i) The Secretary shall conduct, under such terms and conditions as the Secretary shall prescribe, for a period not to exceed 4
years, projects to test allowing not more than 11,000 eligible households, in the aggregate, to accumulate resources up to $10,000 each
(which shall be excluded from consideration as a resource) for later
expenditure for a purpose directly related to improving the education, training, or employability (including self-employment) of
household members, for the purchase of a home for the household,
for a change of the household’s residence, or for making major repairs to the household’s home.
(j) The Secretary shall use up to $4,000,000 of the funds provided in advance in appropriations Acts for projects authorized by
this section to conduct demonstration projects in which State or
local supplemental nutrition assistance program agencies test innovative ideas for working with State or local law enforcement agencies to investigate and prosecute benefit trafficking.
(k) PILOT PROJECTS TO EVALUATE HEALTH AND NUTRITION
PROMOTION IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—
(1) IN GENERAL.—The Secretary shall carry out, under
such terms and conditions as the Secretary considers to be appropriate, pilot projects to develop and test methods—
(A) of using the supplemental nutrition assistance program to improve the dietary and health status of households eligible for or participating in the supplemental nutrition assistance program; and
(B) to reduce overweight, obesity (including childhood
obesity), and associated co-morbidities in the United
States.
(2) GRANTS.—
(A) IN GENERAL.—In carrying out this subsection, the
Secretary may enter into competitively awarded contracts
or cooperative agreements with, or provide grants to, public or private organizations or agencies (as defined by the
Secretary), for use in accordance with projects that meet
the strategy goals of this subsection.
(B) APPLICATION.—To be eligible to receive a contract,
cooperative agreement, or grant under this paragraph, an
organization shall submit to the Secretary an application
at such time, in such manner, and containing such information as the Secretary may require.
(C) SELECTION CRITERIA.—Pilot projects shall be evaluated against publicly disseminated criteria that may include—
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(i) identification of a low-income target audience
that corresponds to individuals living in households
with incomes at or below 185 percent of the poverty
level;
(ii) incorporation of a scientifically based strategy
that is designed to improve diet quality through more
healthful food purchases, preparation, or consumption;
(iii) a commitment to a pilot project that allows for
a rigorous outcome evaluation, including data collection;
(iv) strategies to improve the nutritional value of
food served during school hours and during afterschool hours;
(v) innovative ways to provide significant improvement to the health and wellness of children;
(vi) other criteria, as determined by the Secretary.
(D) USE OF FUNDS.—Funds provided under this paragraph shall not be used for any project that limits the use
of benefits under this Act.
(3) PROJECTS.—Pilot projects carried out under paragraph
(1) may include projects to determine whether healthier food
purchases by and healthier diets among households participating in the supplemental nutrition assistance program result
from projects that—
(A) increase the supplemental nutrition assistance
purchasing power of the participating households by providing increased supplemental nutrition assistance program benefit allotments to the participating households;
(B) increase access to farmers markets by participating households through the electronic redemption of
supplemental nutrition assistance program benefits at
farmers’ markets;
(C) provide incentives to authorized supplemental nutrition assistance program retailers to increase the availability of healthy foods to participating households;
(D) subject authorized supplemental nutrition assistance program retailers to stricter retailer requirements
with respect to carrying and stocking healthful foods;
(E) provide incentives at the point of purchase to encourage households participating in the supplemental nutrition assistance program to purchase fruits, vegetables,
or other healthful foods; or
(F) provide to participating households integrated communication and education programs, including the provision of funding for a portion of a school-based nutrition coordinator to implement a broad nutrition action plan and
parent nutrition education programs in elementary
schools, separately or in combination with pilot projects
carried out under subparagraphs (A) through (E).
(4) EVALUATION AND REPORTING.—
(A) EVALUATION.—
(i) INDEPENDENT EVALUATION.—
(I) IN GENERAL.—The Secretary shall provide
for an independent evaluation of projects selected
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under this subsection that measures the impact of
the pilot program on health and nutrition as described in paragraph (1).
(II) REQUIREMENT.—The independent evaluation under subclause (I) shall use rigorous methodologies, particularly random assignment or
other methods that are capable of producing scientifically valid information regarding which activities are effective.
(ii) COSTS.—The Secretary may use funds provided to carry out this section to pay costs associated
with monitoring and evaluating each pilot project.
(B) REPORTING.—Not later than 90 days after the last
day of fiscal year 2009 and each fiscal year thereafter until
the completion of the last evaluation under subparagraph
(A), 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 that includes a description of—
(i) the status of each pilot project;
(ii) the results of the evaluation completed during
the previous fiscal year; and
(iii) to the maximum extent practicable—
(I) the impact of the pilot project on appropriate health, nutrition, and associated behavioral
outcomes among households participating in the
pilot project;
(II) baseline information relevant to the stated goals and desired outcomes of the pilot project;
and
(III) equivalent information about similar or
identical measures among control or comparison
groups that did not participate in the pilot project.
(C) PUBLIC DISSEMINATION.—In addition to the reporting requirements under subparagraph (B), evaluation results shall be shared broadly to inform policy makers,
service providers, other partners, and the public in order
to promote wide use of successful strategies.
(5) FUNDING.—
(A) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section for each of fiscal years 2008
through 2012.
(B) MANDATORY FUNDING.—Out of any funds made
available under section 18, on October 1, 2008, the Secretary shall make available $20,000,000 to carry out a
project described in paragraph (3)(E), to remain available
until expended.
(l) COOPERATION WITH PROGRAM RESEARCH AND EVALUATION.—
Subject to the requirements of this Act, including protections under
section 11(e)(8), States, State agencies, local agencies, institutions,
facilities such as data consortiums, and contractors participating in
programs authorized under this Act shall—
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(1) cooperate with officials and contractors acting on behalf
of the Secretary in the conduct of evaluations and studies
under this Act; and
(2) submit information at such time and in such manner
as the Secretary may require.
(m) EVALUATION OF CHILD SUPPORT ENFORCEMENT COOPERATION REQUIREMENTS.—
(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Health and Human Services, shall conduct an
independent evaluation of a representative sample of States—
(A) to assess the implementation and impact of the eligibility requirements described in subsections (l) through
(n) of section 6 in States that have formerly implemented
or continue to implement those requirements, and the feasibility of implementing those requirements in other
States;
(B) to assess the factors that contributed to the decision of States that formerly implemented the eligibility requirements described in each of subsections (l) through (n)
of section 6 to cease such implementation;
(C) to review alternatives to the eligibility requirements described in each of subsections (l) through (n) of
section 6 that are used by other States to assist participants in the supplemental nutrition assistance program to
make or receive child support payments and the effectiveness of those alternatives; and
(D) to evaluate the costs and benefits to households
and to State agencies, of requiring State agencies to implement each of the eligibility requirements described in subsections (l) through (n) of section 6.
(2) EVALUATION.—The evaluation under paragraph (1)
shall include, to the maximum extent practicable, an assessment of—
(A) the manner in which applicable State agencies implement and enforce the eligibility requirements described
in subparagraph (A) of such paragraph, including—
(i) the procedures used by each State to determine
cooperation, to sanction participants for failure to cooperate, and to determine good cause for noncooperation under each of subsections (l) through (n) of section
6; and
(ii) the manner in which each State aligns the procedures for implementing those eligibility requirements with procedures for implementing other Federal
programs that require cooperation with child support
enforcement, including the program of block grants to
States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the Medicaid program
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.), and programs carried out under the
Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9857 et seq.);
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(B) the Federal, State, and local costs associated with
implementing those eligibility requirements, including
costs incurred under this Act and by child support enforcement agencies for personnel, technology upgrades, and
other costs;
(C) the effect of those eligibility requirements on the
establishment of new child support orders, the establishment of paternity, changes in child support payments to
custodial households, and changes in arrears owed on child
support orders;
(D) with respect to the eligibility requirements under
each of subsections (l) through (n) of section 6—
(i) the number of individuals subject to those requirements;
(ii) the number of individuals in each State who
meet those requirements; and
(iii) the number of individuals in each State who
fail to meet those requirements;
(E) the number of individuals in each State for whom
good cause for noncooperation has been found under section 6(l)(2);
(F) the impact of those eligibility requirements on the
supplemental nutrition assistance program eligibility, benefit levels, food security, income, and economic stability
of—
(i) individuals subject to those requirements;
(ii) the household members of those individuals,
including children; and
(iii) households with nontraditional family structures, including a household in which a grandparent is
the primary caretaker of a grandchild of the grandparent.
(3) STATE AGENCY COOPERATION.—Each State agency selected under paragraph (1) shall provide information to the
Secretary necessary to conduct the evaluation under such paragraph.
(4) REPORT.—Not later than 3 years after the date of enactment of the Agriculture Improvement Act of 2018, 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
findings from the evaluation conducted under paragraph (1).
(n) LONGITUDINAL DATA FOR RESEARCH.—
(1) IN GENERAL.—Subject to paragraphs (3) through (5), a
State agency may, on approval by the Secretary, establish a
longitudinal database that contains information about households and members of households that receive benefits under
the supplemental nutrition assistance program in the State.
(2) PURPOSE.—Each longitudinal database established
under paragraph (1) shall be used solely to conduct research on
participation in and the operation of the supplemental nutrition assistance program, including duration of participation in
the program.
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(3) REQUIREMENTS FOR DATABASES.—Prior to the approval
of State agencies to establish longitudinal databases under
paragraph (1), the Secretary shall—
(A) identify features that shall be standard across
States such as database format to facilitate use of longitudinal databases established under paragraph (1) for research purposes;
(B) identify features of longitudinal databases established under paragraph (1) that may vary across States;
(C) identify a procedure for States operating longitudinal databases under paragraph (1) to use a unique identifier to provide relevant information on household members who receive benefits under the supplemental nutrition
assistance program for the purpose of comparing participation data in multiple participating States over time while
protecting participant privacy;
(D) establish the manner in which data security and
privacy protections, as required by Federal law and consistent with other appropriate practices, shall be implemented and maintained;
(E) provide direction to State agencies on the responsibilities of and funding arrangements for State agencies
and any State contractors (including entities providing
technical assistance) relating to the establishment and operation of a longitudinal database;
(F) provide a description of the documentation that
States shall submit to the Secretary prior to allowing researchers access to a longitudinal database;
(G) consult with other Federal research agencies, including the Bureau of the Census;
(H) consult with States that have already established
databases used for purposes similar to the purposes outlined in this subsection; and
(I) identify any other requirements determined appropriate by the Secretary.
(4) INCLUDED DATA.—
(A) IN GENERAL.—Subject to subparagraph (B), each
longitudinal database established under paragraph (1)—
(i) shall include monthly information about households and members of households that receive benefits
under the supplemental nutrition assistance program
in the participating State taken from existing information collected by the State agency including, if available,—
(I) demographic characteristics;
(II) income and financial resources (as described in section 5(g));
(III) employment status;
(IV) household circumstances, such as deductible expenses; and
(V) the amount of the monthly allotment received under the supplemental nutrition assistance program; and
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(ii) may include information from other State data
sources such as—
(I) earnings and employment data from the
State department of labor;
(II) health insurance program data; or
(III) data from participation in other programs administered by the State.
(B) DATA PROTECTION.—Any State that establishes a
longitudinal database under paragraph (1) shall, in accordance with all applicable Federal and State privacy standards and requirements—
(i) protect the privacy of information about each
member of each household that receives benefits under
the supplemental nutrition assistance program in such
State by ensuring that no personally identifiable information (including social security number, home address, or contact information) is included in the longitudinal database; and
(ii) make the data under this paragraph available
to researchers and the Secretary.
(5) APPROVAL.—The Secretary shall approve the establishment of longitudinal databases under paragraph (1) in States
that—
(A) meet the requirements for databases under paragraph (3) and (4)(B);
(B) reflect a range of participant numbers, demographics, operational structures, and geographic regions;
and
(C) have the capacity to provide on a periodic and ongoing basis household and participant data derived from
the eligibility system and other data sources of the State.
(6) GRANTS.—
(A) IN GENERAL.—In carrying out this subsection, the
Secretary may provide grants to States that have been approved by the Secretary in accordance with paragraph (5)
out of funds made available under paragraph (9).
(B) METHOD OF AWARDING GRANTS.—Grants awarded
under this paragraph shall be made in such amounts and
under such terms and conditions as the Secretary determines necessary to carry out the purposes of this subsection.
(7) REPORT.—
(A) IN GENERAL.—Not later than 4 years 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 on the feasibility of expanding implementation of longitudinal databases to every
State.
(B) CONTENTS.—The report required under subparagraph (A) shall describe—
(i) the cost of expanding implementation of longitudinal databases with consistent data to every State;
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(ii) the challenges and benefits of using State longitudinal databases with consistent data; and
(iii) alternatives to expanding implementation of
longitudinal databases with consistent data to every
State that may achieve similar research outcomes and
the advantages and disadvantages of those alternatives.
(8) EFFECT.—Nothing in this subsection shall be construed
to prevent or limit the ability of State agencies to establish or
continue operating databases used for purposes similar to the
purposes outlined in this subsection.
(9) FUNDING.—Of the funds made available under section
18, the Secretary shall use to carry out this subsection—
(A) $20,000,000 for fiscal year 2019 to remain available through fiscal year 2021; and
(B) $5,000,000 for fiscal year 2022 and each fiscal year
thereafter.
AUTHORIZATION FOR APPROPRIATIONS

SEC. 18. ø7 U.S.C. 2027¿ (a)(1) To carry out this Act, there are
authorized to be appropriated such sums as are necessary for each
of fiscal years 2008 through 2023. Not to exceed one-fourth of 1 per
centum of the previous year’s appropriation is authorized in each
such fiscal year to carry out the provisions of section 17 of this Act,
subject to paragraph (3).
(2) No funds authorized to be appropriated under this Act or
any other Act of Congress shall be used by any person, firm, corporation, group, or organization at any time, directly or indirectly,
to interfere with or impede the implementation of any provision of
this Act or any rule, regulation, or project thereunder, except that
this limitation shall not apply to the provision of legal and related
assistance in connection with any proceeding or action before any
State or Federal agency or court. The President shall ensure that
this paragraph is complied with by such order or other means as
the President deems appropriate.
(3)(A) Of the amounts made available under the second sentence of paragraph (1), not more than $2,000,000 in any fiscal year
may be used by the Secretary to make 2-year competitive grants
that will—
(i) enhance interagency cooperation in nutrition education
activities; and
(ii) develop cost effective ways to inform people eligible for
supplemental nutrition assistance program benefits about nutrition, resource management, and community nutrition education programs, such as the expanded food and nutrition education program.
(B) The Secretary shall make awards under this paragraph to
one or more State cooperative extension services (as defined in section 1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)) who shall administer
the grants in coordination with other State or local agencies serving low-income people.
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