[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.''.
                                 ______