Appendix A- American Rescue Plan Act

Appendix A
Sections 105-106 of the American
Rescue Plan Act of 2021 (P.L. 117-2

135 STAT. 16

PUBLIC LAW 117–2—MAR. 11, 2021
section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(14)); and
(4) to provide technical assistance to educate retailers on
the process and technical requirements for the online acceptance of the supplemental nutrition assistance program benefits,
for mobile payments, and for electronic benefit transfer modernization initiatives.
SEC. 1103. ADDITIONAL FUNDING FOR NUTRITION ASSISTANCE PROGRAMS.

134 Stat. 2095.

Section 704 of division N of the Consolidated Appropriations
Act, 2021 (Public Law 116–260) is amended—
(1) by striking ‘‘In addition’’ and inserting the following:
‘‘(a) COVID–19 RESPONSE FUNDING.—In addition’’; and
(2) by adding at the end the following—
‘‘(b) ADDITIONAL FUNDING.—In addition to any other funds
made available, there is appropriated for fiscal year 2021, out
of any money in the Treasury not otherwise appropriated,
$1,000,000,000 to remain available until September 30, 2027, for
the Secretary of Agriculture to provide grants to the Commonwealth
of Northern Mariana Islands, Puerto Rico, and American Samoa
for nutrition assistance, of which $30,000,000 shall be available
to provide grants to the Commonwealth of Northern Mariana
Islands for such assistance.’’.
SEC. 1104. COMMODITY SUPPLEMENTAL FOOD PROGRAM.

In addition to amounts otherwise made available, there is
appropriated for fiscal year 2021, out of any money in the Treasury
not otherwise appropriated, $37,000,000, to remain available until
September 30, 2022, for activities authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C.
612c note).

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42 USC 1786
note.

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SEC. 1105. IMPROVEMENTS TO WIC BENEFITS.

(a) DEFINITIONS.—In this section:
(1) APPLICABLE PERIOD.—The term ‘‘applicable period’’
means a period—
(A) beginning after the date of enactment of this Act,
as selected by a State agency; and
(B) ending not later than the earlier of—
(i) 4 months after the date described in subparagraph (A); or
(ii) September 30, 2021.
(2) CASH-VALUE VOUCHER.—The term ‘‘cash-value voucher’’
has the meaning given the term in section 246.2 of title 7,
Code of Federal Regulations (as in effect on the date of the
enactment of this Act).
(3) PROGRAM.—The term ‘‘program’’ means the special
supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786).
(4) QUALIFIED FOOD PACKAGE.—The term ‘‘qualified food
package’’ means each of the following food packages (as defined
in section 246.10(e) of title 7, Code of Federal Regulations
(as in effect on the date of the enactment of this Act)):
(A) Food package III–Participants with qualifying
conditions.
(B) Food Package IV–Children 1 through 4 years.

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PUBLIC LAW 117–2—MAR. 11, 2021

135 STAT. 17

(C) Food Package V–Pregnant and partially (mostly)
breastfeeding women.
(D) Food Package VI–Postpartum women.
(E) Food Package VII–Fully breastfeeding.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(6) STATE AGENCY.—The term ‘‘State agency’’ has the
meaning given the term in section 17(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(b)).
(b) AUTHORITY TO INCREASE AMOUNT OF CASH-VALUE
VOUCHER.—During the public health emergency declared by the
Secretary of Health and Human Services under section 319 of
the Public Health Service Act (42 U.S.C. 247d) on January 31,
2020, with respect to the Coronavirus Disease 2019 (COVID–19),
and in response to challenges relating to that public health emergency, the Secretary may, in carrying out the program, increase
the amount of a cash-value voucher under a qualified food package
to an amount that is less than or equal to $35.
(c) APPLICATION OF INCREASED AMOUNT OF CASH-VALUE
VOUCHER TO STATE AGENCIES.—
(1) NOTIFICATION.—An increase to the amount of a cashvalue voucher under subsection (b) shall apply to any State
agency that notifies the Secretary of—
(A) the intent to use that increased amount, without
further application; and
(B) the applicable period selected by the State agency
during which that increased amount shall apply.
(2) USE OF INCREASED AMOUNT.—A State agency that
makes a notification to the Secretary under paragraph (1) shall
use the increased amount described in that paragraph—
(A) during the applicable period described in that
notification; and
(B) only during a single applicable period.
(d) SUNSET.—The authority of the Secretary under subsection
(b), and the authority of a State agency to increase the amount
of a cash-value voucher under subsection (c), shall terminate on
September 30, 2021.
(e) FUNDING.—In addition to amounts otherwise made available, there is appropriated to the Secretary, out of funds in the
Treasury not otherwise appropriated, $490,000,000 to carry out
this section, to remain available until September 30, 2022.

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SEC. 1106. WIC PROGRAM MODERNIZATION.

In addition to amounts otherwise available, there are appropriated to the Secretary of Agriculture, out of amounts in the
Treasury not otherwise appropriated, $390,000,000 for fiscal year
2021, to remain available until September 30, 2024, to carry out
outreach, innovation, and program modernization efforts, including
appropriate waivers and flexibility, to increase participation in and
redemption of benefits under programs established under section
17 of the Child Nutrition Act of 1966 (7 U.S.C. 1431), except
that such waivers may not relate to the content of the WIC Food
Packages (as defined in section 246.10(e) of title 7, Code of Federal
Regulations (as in effect on the date of enactment of this Act)),
or the nondiscrimination requirements under section 246.8 of title
7, Code of Federal Regulations (as in effect on the date of enactment
of this Act).

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