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SEC. 4212. PRESERVATION OF ACCESS AND PAYMENT ACCU-
RACY.
Section 16 of the Food and Nutrition Act of 2007 (7
U.S.C. 2025) is amended by striking subsection (g) and in-
serting the following:
‘‘(g) COST SHARING FOR COMPUTERIZATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary is authorized to pay
to each State agency the amount provided under sub-
section (a)(6) for the costs incurred by the State agen-
cy in the planning, design, development, or installa-
tion of 1 or more automatic data processing and in-
formation retrieval systems that the Secretary
determines—
‘‘(A) would assist in meeting the require-
ments of this Act;
‘‘(B) meet such conditions as the Secretary
prescribes;
‘‘(C) are likely to provide more efficient and
effective administration of the food and nutrition
program;
‘‘(D) would be compatible with other sys-
tems used in the administration of State pro-
grams, including the program funded under part
A of title IV of the Social Security Act (42
U.S.C. 601 et seq.);
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‘‘(E) would be tested adequately before and
after implementation, including through pilot
projects in limited areas for major systems
changes as determined under rules promulgated
by the Secretary, data from which shall be thor-
oughly evaluated before the Secretary approves
the system to be implemented more broadly; and
‘‘(F) would be operated in accordance with
an adequate plan for—
‘‘(i) continuous updating to reflect
changed policy and circumstances; and
‘‘(ii) testing the effect of the system on
access for eligible households and on pay-
ment accuracy.
‘‘(2) LIMITATION.—The Secretary shall not make
payments to a State agency under paragraph (1) to
the extent that the State agency—
‘‘(A) is reimbursed for the costs under any
other Federal program; or
‘‘(B) uses the systems for purposes not con-
nected with the food and nutrition program.’’.
SEC. 4213. NUTRITION EDUCATION.
(a) AUTHORITY
TO
PROVIDE
NUTRITION
EDU-
CATION.—Section 4(a) of the Food and Nutrition Act of
2007 (7 U.S.C. 2013(a)) is amended in the first sentence
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by inserting ‘‘and through an approved State plan, nutri-
tion education’’ after ‘‘an allotment’’.
(b) IMPLEMENTATION.—Section 11 of the Food and
Nutrition Act of 2007 (7 U.S.C. 2020(f) is amended by
striking subsection (f) and inserting the following:
‘‘(f) NUTRITION EDUCATION.—
‘‘(1) IN GENERAL.—State agencies may imple-
ment a nutrition education program for individuals
eligible for program benefits that promotes healthy
food choices consistent with the most recent Dietary
Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Re-
search Act of 1990 (7 U.S.C. 5341).
‘‘(2) DELIVERY
OF
NUTRITION
EDUCATION.—
State agencies may deliver nutrition education di-
rectly to eligible persons or through agreements with
the Cooperative State Research, Education, and Ex-
tension Service, including through the expanded food
and nutrition education under section 3(d) of the Act
of May 8, 1914 (7 U.S.C. 343(d)), and other State
and community health and nutrition providers and
organizations.
‘‘(3) NUTRITION EDUCATION STATE PLANS.—
‘‘(A) IN
GENERAL.—A State agency that
elects to provide nutrition education under this
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subsection shall submit a nutrition education
State plan to the Secretary for approval.
‘‘(B) REQUIREMENTS.—The plan shall—
‘‘(i) identify the uses of the funding for
local projects; and
‘‘(ii) conform to standards established
by the Secretary through regulations or
guidance.
‘‘(C) REIMBURSEMENT.—State costs for
providing nutrition education under this sub-
section shall be reimbursed pursuant to section
16(a).
‘‘(4) NOTIFICATION.—To the maximum extent
practicable, State agencies shall notify applicants,
participants, and eligible program participants of the
availability of nutrition education under this sub-
section.’’.
PART IV—IMPROVING PROGRAM INTEGRITY
SEC. 4301. MAJOR SYSTEMS FAILURES.
(a) IN GENERAL.—Section 13(b) of the Food and Nu-
trition Act of 2007 (7 U.S.C. 2022(b)) is amended by add-
ing at the end the following:
‘‘(5) OVER
ISSUANCES
CAUSED
BY
SYSTEMIC
STATE ERRORS.—
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‘‘(A) IN GENERAL.—If the Secretary deter-
mines that a State agency over issued benefits to
a substantial number of households in a fiscal
year as a result of a major systemic error by the
State agency, as determined by the Secretary, the
Secretary may prohibit the State agency from
collecting these over issuances from some or all
households.
‘‘(B) PROCEDURES.—
‘‘(i) 
INFORMATION
REPORTING
BY
STATES.—Every State agency shall provide
to the Secretary all information requested
by the Secretary concerning the issuance of
benefits to households by the State agency in
the applicable fiscal year.
‘‘(ii) FINAL
DETERMINATION.—After
reviewing relevant information provided by
a State agency, the Secretary shall make a
final determination—
‘‘(I) whether the State agency over
issued benefits to a substantial number
of households as a result of a systemic
error in the applicable fiscal year; and
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‘‘(II) as to the amount of the over
issuance in the applicable fiscal year
for which the State agency is liable.
‘‘(iii) ESTABLISHING A CLAIM.—Upon
determining under clause (ii) that a State
agency has over issued benefits to households
due to a major systemic error determined
under subparagraph (A), the Secretary shall
establish a claim against the State agency
equal to the value of the over issuance
caused by the systemic error.
‘‘(iv) ADMINISTRATIVE
AND
JUDICIAL
REVIEW.—Administrative and judicial re-
view, as provided in section 14, shall apply
to the final determinations by the Secretary
under clause (ii).
‘‘(v) REMISSION TO THE SECRETARY.—
‘‘(I) DETERMINATION
NOT
AP-
PEALED.—If the determination of the
Secretary under clause (ii) is not ap-
pealed, the State agency shall, as soon
as practicable, remit to the Secretary
the dollar amount specified in the
claim under clause (iii).