[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4295-S4296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5292. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the end of subtitle A of title II, add the following:
SEC. 20002. SUMMER ELECTRONIC BENEFIT TRANSFER FOR CHILDREN
PROGRAM.
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 BENEFIT TRANSFER FOR CHILDREN
PROGRAM.
``(a) 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.
``(2) Eligible child.--The term `eligible child' means,
with respect to a summer, a child who was, during the school
year immediately preceding such summer--
``(A) certified to receive free or reduced price lunch
under the school lunch program under this Act;
``(B) 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
``(C) enrolled in a school--
``(i) described in subparagraph (B), (C), (D), or (E) of
section 11(a)(1); or
``(ii) that is under a local educational agency that elects
to receive special assistance payments under subparagraph (F)
of that section.
``(3) Eligible household.--The term `eligible household'
means a household that includes at least 1 eligible child.
``(4) Program.--The term `program' means the program
established under subsection (b).
``(5) Special supplemental nutrition program.--The term
`special supplemental nutrition program' means 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).
``(6) Summer ebt benefits.--The term `summer EBT benefits'
means benefits provided under the program, during the summer
months, through electronic benefit transfer.
``(7) Supplemental nutrition assistance program.--The term
`supplemental nutrition assistance program' means the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
``(b) Establishment.--The Secretary shall establish a
program, to be known as the `Summer Electronic Benefit
Transfer for Children Program', under which States and
covered Indian Tribal organizations participating in the
program shall, for summer 2024 and summer 2025, issue summer
EBT benefits
[[Page S4296]]
to eligible households for the purpose of providing nutrition
assistance during the summer months to ensure children have
continued access to food when school is not in session.
``(c) Use of Benefits.--
``(1) In general.--Except as provided in paragraph (2),
summer EBT benefits issued by a State participating in the
program may be used only 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--
``(A) the supplemental nutrition assistance program in
accordance with section 9 of that Act (7 U.S.C. 2018); or
``(B) a nutrition assistance program in the Commonwealth of
the Northern Mariana Islands, Puerto Rico, or American Samoa
that is funded by a grant from the Department of Agriculture.
``(2) States participating in wic.--In the case of a State
participating in the program that participated in a
demonstration project 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), during calendar year 2018 using a
special supplemental nutrition program model, summer EBT
benefits may also be used to purchase supplemental foods (as
defined in section 17(b) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(b))) from retailers that have been approved
for participation in--
``(A) the special supplemental nutrition program; or
``(B) the program under this section.
``(3) Covered indian tribal organizations.--Summer EBT
benefits issued by a covered Indian Tribal organization
participating in the program may only be used to purchase the
supplemental foods described in paragraph (2).
``(d) Amount.--Summer EBT benefits issued under the program
shall be in an amount, per summer month for each eligible
child in an eligible household, that is--
``(1) for calendar year 2024, equal to $65; and
``(2) for calendar year 2025, equal to the amount described
in paragraph (1), adjusted to the nearest lower dollar
increment to reflect changes to the cost of the thrifty food
plan (as defined in section 3 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012)) for the 12-month period ending on
November 30 of the preceding calendar year.
``(e) Form of Benefits.--Summer EBT benefits may be
issued--
``(1) in the form of an electronic benefit transfer card;
or
``(2) through electronic delivery.
``(f) Enrollment in Program.--
``(1) State requirements.--States participating in the
program shall--
``(A) automatically enroll eligible children in the program
without further application; and
``(B)(i) require local educational agencies to allow
eligible households to opt out of participation in the
program; and
``(ii) establish procedures for opting out of such
participation.
``(2) Covered indian tribal organization requirements.--
Covered Indian Tribal organizations participating in the
program shall, to the maximum extent practicable, meet the
requirements described in subparagraphs (A) and (B) of
paragraph (1).
``(g) Implementation Grants.--Not earlier than January 1,
2023, the Secretary shall provide grants to States and
covered Indian Tribal organizations to build capacity for
implementing the program.
``(h) Alternate Plans in the Case of Continuous School
Calendar.--The Secretary shall establish an alternative
method for determining the schedule and number of days during
which summer EBT benefits may be issued under the program in
the case of children who are under a continuous school
calendar.
``(i) Funding.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary, for each
of fiscal years 2023 through 2025, out of any money in the
Treasury not otherwise appropriated, such sums as are
necessary to carry out this section (including for
administrative expenses incurred by the Secretary, States,
covered Indian Tribal organizations, and local educational
agencies), to remain available for the 2-fiscal year period
following the date such amounts are made available.
``(2) Implementation grant funding.--In addition to amounts
otherwise available, including under paragraph (1), there is
appropriated to the Secretary for fiscal year 2024, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until expended, to carry out
subsection (g).
``(j) Sunset.--The authority under this section shall
terminate on September 30, 2025.''.
______