H.R. 2617 Sec. 502 Noncongregate Meals

H. R. 2617—1530
(d) RESCISSION.—Of the unobligated balances made available
for the Supplemental Nutrition Assistance Program as authorized
by section 1101(b)(1) of the American Rescue Plan Act of 2021
(Public Law 117–2), $8,000,000 is hereby rescinded.
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).

H. R. 2617—1531
‘‘(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