Sec. 1206. Amendments to the Pandemic EBT Act

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 1101 of the Families First Coronavirus Response Act ( Public Law 116–127 ) is amended— in subsection (a)— by striking fiscal year 2020 and inserting fiscal years 2020 and 2021 ; by striking during which the school would otherwise be in session ; and by inserting until the school reopens after assistance ; in subsection (b)— by inserting and State agency plans for child care covered children in accordance with subsection

(i)after with eligible children ; by inserting , a plan to enroll children who become eligible children during a public health emergency designation before , and issuances ; by striking in an amount not less than the value of meals at the free rate over the course of 5 school days and inserting in accordance with subsection (h)(1) ; and by inserting and for each child care covered child in the household before the period at the end; in subsection (c), by inserting or child care center after school ; by amending subsection

(e)to read as follows: Notwithstanding any other provision of law, the Secretary of Agriculture may authorize— State educational agencies and school food authorities administering a school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) to release to appropriate officials administering the supplemental nutrition assistance program such information as may be necessary to carry out this section with respect to eligible children; and State agencies administering a child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) to release to appropriate officials administering the supplemental nutrition assistance program such information as may be necessary to carry out this section with respect to child care covered children. ; by amending subsection

(g)to read as follows: Subject to paragraph (2), during fiscal year 2020, the Secretary of Agriculture may purchase commodities for emergency distribution in any area of the United States during a public health emergency designation. Funds made available to carry out this subsection on or after the date of the enactment of the Child Nutrition and Related Programs Recovery Act may only be used to purchase commodities for emergency distribution— under commodity distribution programs and child nutrition programs that were established and administered by the Food and Nutrition Service on or before the day before the date of the enactment of the Families First Coronavirus Response Act ( Public Law 116–127 ); to Tribal organizations (as defined in section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 )), that are not administering the food distribution program established under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ); or to emergency feeding organizations that are eligible recipient agencies (as such terms are defined in section 201A of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 )). ; by redesignating subsections

(h)and

(i)as subsections

(l)and (m); by inserting after subsection

(g)the following: A household shall receive benefits under this section in an amount equal to 1 breakfast and 1 lunch at the free rate for each eligible child or child care covered child in such household for each day. In the case of a child who becomes an eligible child during a public health emergency designation, the Secretary and State agency shall— if such child becomes an eligible child during school year 2019–2020, treat such child as if such child was an eligible child as of the date the school in which the child is enrolled closed; and if such child becomes an eligible child after school year 2019–2020, treat such child as an eligible child as of the first day of the month in which such child becomes so eligible. During fiscal years 2020 and 2021, in any case in which a child care center is closed for at least 5 consecutive days during a public health emergency designation, each household containing at least 1 member who is a child care covered child attending the child care center shall be eligible until the schools in the State in which such child care center is located reopen, as determined by the Secretary, to receive assistance pursuant to— a State agency plan approved under subsection

(b)that includes— an application by the State agency seeking to participate in the program under this subsection; and a State agency plan for temporary emergency standards of eligibility and levels of benefits under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.) for households with child care covered children; or an addendum application described in paragraph (2). In the case of a State agency that submits a plan to the Secretary of Agriculture under subsection

(b)that does not include an application or plan described in clauses

(i)and

(ii)of paragraph (1)(A), such State agency may apply to participate in the program under this subsection by submitting to the Secretary of Agriculture an addendum application for approval that includes a State agency plan described in such clause (ii). A State agency may not participate in the program under this subsection if— the State agency plan submitted by such State agency under subsection

(b)with respect to eligible children is not approved by the Secretary under such subsection; or the State agency plan submitted by such State agency under subsection

(b)or this subsection with respect to child care covered children is not approved by the Secretary under either such subsection. Subject to subparagraph (B), the Secretary shall deem a child who is less than 6 years of age to be a child care covered child eligible to receive assistance under this subsection if— the household with such child attests that such child is a child care covered child; such child resides in a household that includes an eligible child; such child receives cash assistance benefits under the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.); such child receives assistance under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq.); such child is— enrolled as a participant in a Head Start program authorized under the Head Start Act ( 42 U.S.C. 9831 et seq.); a foster child whose care and placement is the responsibility of an agency that administers a State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq.); a foster child who a court has placed with a caretaker household; or a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )); such child participates in the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); through the use of information obtained by the State agency for the purpose of participating in the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.), the State agency elects to treat as a child care covered child each child less than 6 years of age who is a member of a household that receives supplemental nutrition assistance program benefits under such Act; or the State in which such child resides determines that such child is a child care covered child, using State data approved by the Secretary. For purposes of deeming a child to be a child care covered child under subparagraph (A), a State agency may not be required to show that a child meets more than one requirement specified in clauses

(i)through

(viii)of such subparagraph. If a State agency submits to the Secretary information that a child meets any one of the requirements specified in clauses

(i)through

(viii)of subparagraph (A), the Secretary shall deem such child a child care covered child under such subparagraph. The provisions of section 16 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) relating to quality control shall not apply with respect to assistance provided under this section. Not later than 30 days after the date of the enactment of the Child Nutrition and Related Programs Recovery Act, the Secretary shall submit to the Education and Labor Committee and the Agriculture Committee of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on— the feasibility of implementing the program for eligible children under this section using an EBT system in Puerto Rico, the Commonwealth of the Northern Mariana Islands, and American Samoa similar to the manner in which the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 is operated in the States, including an analysis of— the current nutrition assistance program issuance infrastructure; the availability of— an EBT system, including the ability for authorized retailers to accept EBT cards; and EBT cards; the ability to limit purchases using nutrition assistance program benefits to food for home consumption; and the availability of reliable data necessary for the implementation of such program under this section for eligible children and child care covered children, including the names of such children and the mailing addresses of their households; and the feasibility of implementing the program for child care covered children under subsection

(i)in Puerto Rico, the Commonwealth of the Northern Mariana Islands, and American Samoa, including with respect to such program each analysis specified in clauses

(i)through

(iv)of subparagraph (A). Beginning 30 days after the date of the enactment of the Child Nutrition and Related Programs Recovery Act, Puerto Rico, the Commonwealth of the Northern Mariana Islands, and American Samoa may each— submit a plan under subsection (b), unless the Secretary makes a finding, based on the analysis provided under paragraph (1)(A), that the implementation of the program for eligible children under this section is not feasible in such territories; and submit a plan under subsection (i), unless the Secretary makes a finding, based on the analysis provided under paragraph (1)(B), that the implementation of the program for child care covered children under subsection

(i)is not feasible in such territories. Notwithstanding any other provision of law, with respect to a plan submitted pursuant to this subsection by Puerto Rico, the Commonwealth of the Northern Mariana Islands, or American Samoa under subsection

(b)or subsection (i), the Secretary shall treat such plan in the same manner as a plan submitted by a State agency under such subsection, including with respect to the terms of funding provided under subsection (m). ; in subsection (l), as redesigned by paragraph (7)— by redesignating paragraph

(1)as paragraph (3); by redesignating paragraphs

(2)and

(3)as paragraphs

(5)and (6), respectively; by inserting before paragraph

(3)(as so redesignated) the following: The term child care center means an organization described in subparagraph

(A)or

(B)of section 17(a)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(a)(2) ) and a family or group day care home. The term child care covered child means a child served under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) who, if not for the closure of the child care center attended by the child during a public health emergency designation and due to concerns about a COVID–19 outbreak, would receive meals under such section at the child care center. ; and by inserting after paragraph

(3)(as so redesignated) the following: The term free rate means— with respect to a breakfast, the rate of a free breakfast under the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); and with respect to a lunch, the rate of a free lunch under the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1771 et seq.). ; and in subsection (m), as redesignated by paragraph (7), by inserting (including all administrative expenses) after this section .

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