Sec. 24003. Summer electronic benefits transfer for children program

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The Richard B. Russell National School Lunch Act is amended by inserting after section 13 ( 42 U.S.C. 1761 ) the following: The Secretary shall establish a program under which States and covered Indian Tribal organizations participating in such program shall, beginning with summer 2023 and annually for each summer before the date described in subsection (g), issue to eligible households summer EBT benefits— in accordance with this section; and for the purpose of providing nutrition assistance through electronic benefits transfer during the summer months for eligible children, to ensure continued access to food when school is not in session for the summer.

In the case of a State that participated in a demonstration program 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 WIC model, summer EBT benefits issued pursuant to subsection

(a)by such a State may only be used by the eligible household that receives such summer EBT benefits to purchase— supplemental foods from retailers that have been approved for participation 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 ); or the program under this section; or food (as defined in section 3(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011(k) )) from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under such Act, in accordance with section 7(b) of such Act ( 7 U.S.C. 2016(b) ). Summer EBT benefits issued pursuant to subsection

(a)by a State not described in clause

(i)may only be used by the eligible household that receives such summer EBT benefits to purchase food (as defined in section 3(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011(k) )) from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under such Act, in accordance with section 7(b) of such Act ( 7 U.S.C. 2016(b) ). 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 retailers that have been approved for participation 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 ); or the program under this section. Summer EBT benefits issued pursuant to subsection (a)— shall be— for calendar year 2023, in an amount equal to $75 for each child in the eligible household per month during the summer; and for calendar year 2024 and each year thereafter, in an amount equal to the amount described in clause (i), adjusted to the nearest lower dollar increment to reflect changes to the cost of the thrifty food plan (as defined 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 may be issued— in the form of an EBT card; or through electronic delivery. States participating in the program under this section shall— with respect to a summer, automatically enroll eligible children in the program under this section without further application; establish procedures to carry out the enrollment described in subparagraph (A); and require local educational agencies to allow eligible households to opt out of participation in the program under this section and establish procedures for opting out of such participation. Covered Indian Tribal organizations participating in the program under this section shall, to the maximum extent practicable, meet the requirements under subparagraphs

(A)through

(C)of paragraph (1). On and after October 1, 2021, the Secretary shall carry out a program to make grants to States and covered Indian Tribal organizations to build capacity for implementing the program under this section. The Secretary shall establish alternative plans for when summer EBT benefits may be issued pursuant to subsection

(a)in the case of children who are under a continuous school calendar. In addition to amounts otherwise available, there is appropriated for each of fiscal years 2022 through 2029, out of any money in the Treasury not otherwise appropriated, such sums, to remain available for the period described in paragraph (2), as may be necessary to carry out this section, including for administrative expenses incurred by the Secretary, States, covered Indian Tribal organizations, and local educational agencies. With respect to each fiscal year under paragraph (1), amounts made available for such a fiscal year under such paragraph shall remain available for the 2-year period following the date such amounts are made available. In addition to amounts otherwise available, including under paragraph (1), there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until expended, to carry out subsection (d). The authority under this section shall terminate on September 30, 2029. In this section: The term covered Indian Tribal organization means an Indian Tribal organization that 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 ). The term eligible child means, with respect to a summer, a child who was, during the school year immediately preceding such summer— certified to receive free or reduced price lunch under the school lunch program under this Act; 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 enrolled in a school described in subparagraph (B), (C), (D), (E), or

(F)of section 11(a)(1). The term eligible household means a household that includes at least 1 eligible child. The term supplemental foods — means foods— containing nutrients determined by nutritional research to be lacking in the diets of children; and 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 includes foods not described in subparagraph

(A)substituted by State agencies, with the approval of the Secretary, that— provide the nutritional equivalent of foods described in such subparagraph; and allow for different cultural eating patterns than foods described in such subparagraph. .

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