INCREASING ACCESS TO SUMMER MEALS FOR CHILDREN THROUGH EBT AND ALTERNATIVE DELIVERY OPTIONS.

SEC. 502. INCREASING ACCESS TO SUMMER MEALS FOR CHILDREN THROUGH EBT AND ALTERNATIVE DELIVERY OPTIONS.(a) Agreements.—Section 12(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(b)) is amended—(1) by inserting “and Indian Tribal organizations” after “State agencies” each place it appears; and (2) in paragraph (2)(B), in the matter preceding clause (i), by inserting “and Indian Tribal organization” before “budget”. (b) Noncongregate Meals.—Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended—(1) in subsection (a), by adding at the end the following:“(13) Noncongregate meals.—“(A) In general.—Beginning not later than summer 2023, the Secretary shall make available an option to States to provide program meals under this section for noncongregate consumption in a rural area with no congregate meal service, as determined by the Secretary. “(B) Summer 2023.—Notwithstanding any other provision in this paragraph, for summer 2023, the Secretary may allow States to use implementation models developed by the Secretary for demonstration projects carried out under section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (Public Law 111–80; 123 Stat. 2132), to carry out subparagraph (A). “(C) Eligibility determination.—In administering this paragraph, the Secretary shall ensure that noncongregate meals are only available for a child—“(i) in an area in which poor economic conditions exist; and “(ii) in an area that is not an area in which poor economic conditions exist, if the child is determined to be eligible for a free or reduced price lunch under this Act or a free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). “(D) Priorities.—“(i) In general.—States shall—“(I) identify areas with no congregate meal service that could benefit the most from the provision of noncongregate meals; and “(II) encourage participating service institutions in those areas to provide noncongregate meals as appropriate. “(ii) Areas.—Areas identified under clause (i) may include areas that are not areas in which poor economic conditions exist but that have children who are determined to be eligible for free or reduced price lunch under this Act or free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).136 STAT. 5989 “(E) Administration.—In administering this paragraph, the Secretary shall ensure that—“(i) any meal served for noncongregate consumption—“(I) meets all applicable State and local health, safety, and sanitation standards; and “(II) meets the requirements under subsection (f)(1); “(ii) over a 10-day calendar period, the number of reimbursable meals provided to a child does not exceed the number of meals that could be provided over a 10-day calendar period, as established under subsection (b)(2); and “(iii) States establish a process for identifying gaps in service and barriers in reaching needy children for congregate and noncongregate models. “(F) Regulations.—Not later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations (which shall include interim final regulations) to carry out this section, including provisions—“(i) to ensure the integrity of the alternative option for program delivery described in subparagraph (A); and “(ii) to incorporate best practices and lessons learned from noncongregate demonstration projects under section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (Public Law 111–80; 123 Stat. 2132).” ; and (2) in subsection (n)—(A) by striking “by January 1 of each year of its intent to administer the program and shall submit for approval by February 15” and inserting “of its intent to administer the program and shall submit for approval by April 1, 2023,”; (B) by striking “(1)” and inserting “(A)”; (C) by striking “(2)” and inserting “(B)”; (D) by striking “(3)” and inserting “(C)”; (E) by striking “(4)” and inserting “(D)”; (F) by striking “(5)” and inserting “(E)”; (G) by striking “and (6)” and inserting “(F)”; (H) by striking the period at the end and inserting “; and (G) the State’s plan for using the alternative option for program delivery described in subsection (a)(13), if applicable, including plans to provide a reasonable opportunity to access meals across all areas of the State.”; (I) by striking the subsection designation and all that follows through “Each State” and inserting the following:“(n) Management and Administration State Plans.—“(1) Summer 2023.—Each State” ; and (J) by adding at the end the following:“(2) Summer 2024 and beyond.—Beginning in 2024, each State desiring to participate in the program under this section or in the summer EBT program under section 13A shall notify the Secretary by January 1 of each year of its intent to administer the applicable program and shall submit for approval by February 15 a management and administration plan for 136 STAT. 5990 the applicable program for the fiscal year, which shall include, as applicable—“(A) the requirements listed in subparagraphs (A) through (G) of paragraph (1); “(B) the administrative budget of the State for administering the summer EBT program under section 13A; “(C) the State’s plan to comply with the State requirements in section 13A(c) and any other standards prescribed by the Secretary under section 13A; “(D) the State’s plan to identify areas with no congregate meal service; “(E) the State’s plan to target priority areas identified under subsection (a)(13)(D)(i)(I); and “(F) the State’s plan to ensure that summer EBT benefits (as described in section 13A(a)) are issued to children based on their school attendance at the end of the instructional year immediately preceding such summer.” . (c) Summer EBT.—The Richard B. Russell National School Lunch Act is amended by inserting after section 13 (42 U.S.C. 1761) the following:“SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.“(a) Program Established.—The Secretary shall establish a program under which States and covered Indian Tribal organizations electing to participate in such program shall, beginning with summer 2024 and annually for each summer thereafter, issue to each eligible household summer electronic benefit transfer benefits (referred to in this section as ‘summer EBT benefits’)—“(1) in accordance with this section; and “(2) for the purpose of providing nutrition assistance through electronic benefit transfer or methods described in clauses (ii) and (iii) of subsection (b)(2)(B) during the summer months for each eligible child, to ensure continued access to food when school is not in session for the summer. “(b) Summer EBT Benefits Requirements.—“(1) Purchase options.—“(A) Benefits issued by states.—Summer EBT benefits issued pursuant to subsection (a) by a State may only be used by the eligible household that receives such summer EBT benefits to purchase food (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under such Act and in accordance with section 7(b) of such Act (7 U.S.C. 2016(b)) or in the nutrition assistance program in American Samoa, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands. “(B) Benefits issued by covered indian tribal organizations.—Summer EBT benefits issued pursuant to subsection (a) by a covered Indian Tribal organization may only be used by the eligible household that receives such summer EBT benefits to purchase supplemental foods from vendors that have been approved for participation in the special supplemental nutrition program for women, 136 STAT. 5991 infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). “(2) Amount.—Summer EBT benefits issued pursuant to subsection (a)—“(A) shall be—“(i) for calendar year 2024, in an amount equal to $40, which may be proportionately higher consistent with the adjustments established under section 12(f) for each eligible child in the eligible household per month during the summer operational period; and “(ii) for calendar year 2025 and each year thereafter, in an amount equal to the unrounded benefit amount from the prior year, adjusted to the nearest lower dollar increment to reflect changes to the cost of the diet described in section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)) for the 12-month period ending on November 30 of the preceding calendar year and rounded to the nearest lower dollar increment; and “(B) may be issued—“(i) in the form of an EBT card; “(ii) through other electronic methods, as determined by the Secretary; or “(iii) in the case of a State that does not issue nutrition assistance program benefits electronically, using the same methods by which that State issues benefits under the nutrition assistance program of that State. “(3) Enforcement.—Summer EBT benefits issued pursuant to subsection (a) shall—“(A) be subject to sections 12, 14, and 15 of the Food and Nutrition Act of 2008 (7 U.S.C. 2021, 2023, 2024) and subsections (n), (o), and (p) of section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), as applicable; and “(B) to the maximum extent practicable, incorporate technology tools consistent with industry standards that track or prevent theft of benefits, cloning, or other fraudulent activities. “(4) Timing.—“(A) In general.—Except as provided in subparagraph (B), summer EBT benefits issued pursuant to subsection (a) may only be issued for the purpose of purchasing food during the summer months, with appropriate issuance and expungement timelines as determined by the Secretary (but with an expungement timeline not to exceed 4 months). “(B) Continuous school calendar.—In the case of children who are under a continuous school calendar, the Secretary shall establish alternative plans for the period during which summer EBT benefits may be issued pursuant to subsection (a) and used. “(c) Enrollment in Program.—“(1) State requirements.—States that elect to participate in the program under this section shall—“(A) with respect to summer, automatically enroll each eligible child who is directly certified, is an identified student (as defined in section 11(a)(1)(F)(i)), or is otherwise determined by a school food authority to be eligible to 136 STAT. 5992 receive free or reduced price meals in the instructional year immediately preceding the summer or during the summer operational period in the program under this section, without further application from households; “(B) make an application available for children who do not meet the criteria described in subparagraph (A) and make eligibility determinations using the eligibility criteria for free or reduced price lunches under this Act; “(C) establish procedures to carry out the enrollment described in subparagraph (A); “(D) establish procedures for expunging summer EBT benefits from the account of a household, consistent with the requirements under subsection (b)(4); and “(E) allow eligible households to opt out of participation in the program under this section and establish procedures for opting out of such participation. “(2) Covered indian tribal organization requirements.—Covered Indian Tribal organizations participating in the program under this section shall, to the maximum extent practicable, meet the requirements under paragraph (1). “(d) Administrative Expenses.—The Secretary shall pay to each State agency and covered Indian Tribal organization an amount equal to 50 percent of the administrative expenses incurred by the State agency or covered Indian Tribal organization in operating the program under this section, including the administrative expenses of local educational agencies and other agencies in each State or covered Indian Tribal organization relating to the operation of the program under this section. “(e) Summer EBT Authority.—Beginning in summer 2024, the Secretary shall not allow States to use the authority in section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (Public Law 111–80; 123 Stat. 2132), to provide access to food through electronic benefit transfer benefits to children during the summer months when schools are not in regular session. “(f) Issuance of Interim Final Regulations.—Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate regulations (which shall include interim final regulations) to carry out this section, including provisions that—“(1) incorporate best practices and lessons learned from demonstration projects under—“(A) section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (Public Law 111–80; 123 Stat. 2132); and “(B) the pandemic EBT program under section 1101 of the Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116–127); “(2) ensure timely and fair service to applicants for and recipients of benefits under this section; “(3) establish quality assurance and program integrity procedures to ensure that States and local educational agencies have adequate processes—“(A) to correctly determine the eligibility of children for benefits under this section; and “(B) to reliably enroll and issue benefits to eligible children; and136 STAT. 5993 “(4) allow States and covered Indian Tribal organizations to streamline program administration, including by—“(A) automatically enrolling each eligible child who is able to be directly certified; and “(B) establishing a single summer operational period. “(g) Administrative and Management Plan.—Beginning in 2024, each State desiring to participate in the program under this section shall comply with the requirements under section 13(n). “(h) Definitions.—In this section:“(1) Covered indian tribal organization.—The term ‘covered Indian Tribal organization’ means an Indian Tribal organization that participates in the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). “(2) Eligible child.—The term ‘eligible child’ means, with respect to a summer, a child who—“(A) was, at the end of the instructional year immediately preceding such summer or during the summer operational period—“(i) certified to receive free or reduced price lunch under the school lunch program under this Act; “(ii) certified to receive free or reduced price breakfast under the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); or “(iii) able to be directly certified; “(B) was, at the end of the instructional year immediately preceding such summer—“(i) enrolled in a school described in subparagraph (B), (C), (D), (E), or (F) of section 11(a)(1); and “(ii)(I) an identified student (as defined in section 11(a)(1)(F)(i)); or “(II) a child who otherwise met the requirements to receive free or reduced price meals, as determined through an application process using the eligibility criteria for free or reduced price meals under this Act; or “(C) has been determined to be eligible for the program under this section in accordance with subsection (c)(1)(B). “(3) Eligible household.—The term ‘eligible household’ means a household that includes at least 1 eligible child. “(4) Supplemental foods.—The term ‘supplemental foods’—“(A) means foods—“(i) containing nutrients determined by nutritional research to be lacking in the diets of children; and “(ii) that promote the health of the population served by the program under this section, as indicated by relevant nutrition science, public health concerns, and cultural eating patterns, as determined by the Secretary; and “(B) includes foods not described in subparagraph (A) substituted by State agencies, with the approval of the Secretary, that—“(i) provide the nutritional equivalent of foods described in such subparagraph; and136 STAT. 5994 “(ii) allow for different cultural eating patterns than foods described in such subparagraph.” . (d) Amendments to P-EBT for Summer 2023.—Section 1101(i) of the Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116–127) is amended—(1) by striking “The Secretary” and inserting the following:“(1) In general.—The Secretary” ; (2) in paragraph (1) (as so designated), by inserting “approve or” after “may”; and (3) by adding at the end the following:“(2) Limitation.—A State shall not provide benefits during a covered summer period pursuant to paragraph (1) to children who, at the end of the school year immediately preceding the covered summer period, attended a school that did not participate in the school lunch program or school breakfast program described in that paragraph. “(3) Other assistance not required.—A State shall not be required to provide assistance under subsection (a) or (h) in order to provide assistance under this subsection.” . (e) No Duplication of Summer Benefits.—A State may not provide to a household summer EBT benefits (as described in section 13A(a) of the Richard B. Russell National School Lunch Act) under that section and benefits under section 1101(i) of the Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116–127) for the same period.