,,ii #aafth ,,congress #b;d ,session ,s4 #djfa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjbj ,mr4 ,cornyn 7for himself and ,mr4 ,murphy7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to provide emergency nutrition assistance to ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,state ,emergency ,restaurant and ,vendor ,enhancement and ,,covid-#ai ,anti-hunger ,restaurant ,relief for ,you ,act or the ,,serve and ,,carry ,act4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,agriculture4 #c4 ,emergency nutrition assistance to ,states 7a7 ,state ,emergency ,restaurant and ,vendor ,enhancement ,program 7,,serve7 ,program ,the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 is amended by adding at the end the following3 #ca4 ,state ,emergency ,restaurant and ,vendor ,enhancement 7,,serve7 ,program 7a7 ,definitions ,in this section3 7#a7 ,electronic benefit transfer transaction ,the term electronic benefit transfer transaction means the use of a credit or debit card service1 point-of-sale terminal 7including a contactless payment system71 digital or paperless voucher system 7excluding manual vouchers71 or online system for the processing of a payment for the purchase of food4 7#b7 ,emergency ,the term emergency means-- 7,a7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 based on an outbreak of ,,sars-,co,v-#b or another coronavirus with pandemic potential2 7,b7 a public health emergency declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 based on an outbreak of ,,sars-,co,v-#b or another coronavirus with pandemic potential2 7,c7 an emergency declared by the ,president under section #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7 based on an outbreak of ,,sars-,co,v-#b or another coronavirus with pandemic potential2 and 7,d7 an emergency invoked under section #ejf7;a77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcah7;a77#a77 based on an outbreak of ,,sars-,co,v-#b or another coronavirus with pandemic potential4 7#c7 ,food ,notwithstanding section #c7k71 the term food means an article used for food or drink 7except an alcoholic beverage or tobacco7 that is prepared for human consumption and served by a participating restaurant4 7#d7 ,participating restaurant ,the term participating restaurant means a restaurant that is authorized to participate in the ,,serve program of the ,state in which the restaurant is located by-- 7,a7 the ,state2 or 7,b7 the electronic benefit transfer vendor of the ,state4 7#e7 ,restaurant 7,a7 ,in general ,the term restaurant means-- 7i7 a food service and drinking place of business 7including a small- or midsized-food service and drinking place of business1 and a place of business classified under ,north ,american ,industry ,classification ,system ,code #gbb7 that is registered to do business in the ,state in which the restaurant is located as of the date on which an emergency is declared or invoked1 as applicable2 7ii7 a faith-based or other charitable organization that serves meals to the public and meets all applicable ,state and local food safety and public health requirements2 7iii7 a soup kitchen that meets all applicable ,state and local food safety and public health requirements2 7iv7 an entity that offers a congregate meal setting and is certified to serve meals under a ,federal nutrition program2 and 7v7 a vendor that sells prepared food and is authorized to conduct electronic benefit transfer transactions at a farmer's market4 7,b7 ,exclusion ,the term restaurant shall not include any establishment described in clauses 7i7 through 7iii7 of section #djh7;a77#ab77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjh7;a77#ab77;,a77 and defined under subparagraph 7,b7 of that section 7#db ,u4,s4,c4 #fjh7;a77#ab77;,b774 7#f7 ,state ,emergency ,restaurant and ,vendor ,enhancement ,program2 ,,serve ,program ,the terms ,state ,emergency ,restaurant and ,vendor ,enhancement ,program and ,,serve ,program mean a ,state-based program described in subsection 7b74 7b7 ,establishment ,on request of a ,state1 the ,secretary shall provide funds1 if made available under subsection 7g71 to a ,state to carry out a program1 to be known as a ,,serve program1 during an emergency applicable to the ,state1 under which a ,state shall-- 7#a7 issue financial assistance in the form of benefits to eligible recipients described in subsection 7c7 for use at participating restaurants through electronic benefit transfer transactions2 and 7#b7 authorize restaurants in the ,state to accept and redeem those benefits for the purchase of meals and food through electronic benefit transfer transactions4 7c7 ,eligible recipients 7#a7 ,in general ,an individual in a ,state is eligible to receive benefits under the ,,serve program of that ,state if that individual receives benefits under another ,federal nutrition assistance program4 7#b7 ,other assistance programs ,benefits received by an individual under the ,,serve program shall not be considered income for determining the eligibility of that individual under any means-tested ,federal assistance program4 7d7 ,state eligibility 7#a7 ,state plan ,to be eligible to receive funds under subsection 7b71 a ,state shall submit to the ,secretary a plan describing the ,,serve program to be implemented in the ,state using those funds4 7#b7 ,determination ,the ,secretary shall approve a plan submitted under paragraph 7#a7 not later than #cj days after the date on which the plan is submitted if the plan meets the requirements established by the ,secretary1 including the minimum requirements described in paragraph 7#c74 7#c7 ,minimum requirements for ,state plan ,a plan submitted by a ,state under paragraph 7#a7 shall include-- 7,a7 the maximum concessional meal price to be charged by participating restaurants2 7,b7 a description of how the ,state intends to make use of electronic benefit transfer transactions1 including the availability and use of-- 7i7 point-of-sale machines 7including contactless payment systems72 7ii7 existing low-income benefit programs1 such as the ,lifeline program set forth in subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations 7or successor regulations72 and 7iii7 digital or paperless voucher systems2 7,c7 a standard form that the ,state will use to contract with participating restaurants2 7,d7 a description of the restrictions that a ,state will impose on alternative forms of benefits issued under the ,,serve ,program in any form other than electronic benefit transfer1 including manual vouchers1 cash1 or in-kind benefits2 7,e7 a plan for termination of the ,,serve program2 7,f7 a plan for maintaining integrity of the ,,serve program to prevent fraud1 waste1 and abuse2 7,g7 minimum criteria that the ,state will use to authorize restaurants to participate in the ,,serve program2 and 7,h7 the total amount of funding requested by the ,state1 based on1 at a minimum1 the product obtained by multiplying-- 7i7 the estimated number of individuals eligible to receive benefits under the ,,serve program in the ,state1 in accordance with subsection 7b72 7ii7 the maximum concessional meal price described in subparagraph 7,a72 and 7iii7 the number of meals that the ,state estimates will be provided to each eligible recipient4 7e7 ,,serve program administration 7#a7 ,restaurant identification number ,under a ,,serve program1 a ,state shall assign a unique identification number to each participating restaurant1 which may be identical to the number assigned to that restaurant under another ,federal nutrition program4 7#b7 ,termination date ,a ,state shall terminate a ,,serve program not later than the later of-- 7,a7 #fj days after the date on which the applicable emergency is lifted2 and 7,b7 the date on which funds provided to the ,state under subsection 7b7 are expended4 7#c7 ,funds 7,a7 ,return of ,federal funds ,on termination of a ,,serve program1 a ,state may elect to return to the ,treasury any unused funds of the funds received under subsection 7b74 7,b7 ,administrative costs 7i7 ,in general ,subject to clause 7ii71 a ,state may use some portion of the funds received under subsection 7b7 for the administrative costs of carrying out a ,,serve program1 including the cost of-- 7,i7 contracting with necessary entities to operate the ,,serve program1 including to update electronic benefit transfer transaction infrastructure2 7,,ii7 carrying out activities to protect the integrity of the ,,serve program and enforce against violations of waste1 fraud1 and abuse of funding under the ,,serve program2 and 7,,iii7 providing technical assistance to participating restaurants4 7ii7 ,amount ,of the funds received under subsection 7b7 by a ,state1 the ,secretary shall determine the amount that the ,state may use for administrative costs1 which shall not exceed #aj percent of the total funds received4 7,c7 ,state contribution ,a ,state may use ,state funds to establish or contribute to a ,,serve program4 7#d7 ,nondiscrimination ,a ,state shall ensure that an individual shall not1 on any basis prohibited under section #aa1 be excluded from participation in1 be denied the benefits of1 or be subjected to discrimination under a ,,serve program4 7#e7 ,civil penalties ,a ,state that administers a ,,serve program shall establish a civil penalty for any participating restaurant that knowingly and willfully carries out any act of waste1 fraud1 or abuse of the ,,serve program-- 7,a7 in an amount of not more than #ajj1jjj for each violation2 and 7,b7 if there is a pattern of violations by the restaurant1 as determined by the ,state1 the revocation of the license of the restaurant in that ,state4 7f7 ,prorated distribution ,if necessary1 the ,secretary shall reduce the amount provided to each ,state under subsection 7b7 on a prorated basis based on the amount requested by the ,state and the funds made available under subsection 7g74 7g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out this section during an emergency4 7h7 ,effect ,nothing in this section waives1 modifies1 or otherwise affects the requirements of the supplemental nutrition assistance program1 the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf71 or any other ,federal nutrition assistance program1 as determined by the ,secretary4 4 7b7 ,state-,based ,coronavirus ,food ,assistance ,purchase ,program 7#a7 ,definitions ,in this subsection3 7,a7 ,emergency ,the term emergency means-- 7i7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 based on an outbreak of ,,sars-,co,v-#b or another coronavirus with pandemic potential2 7ii7 a public health emergency declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 based on an outbreak of ,,sars-,co,v-#b or another coronavirus with pandemic potential2 7iii7 an emergency declared by the ,president under section #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7 based on an outbreak of ,,sars-,co,v-#b or another coronavirus with pandemic potential2 and 7iv7 an emergency invoked under section #ejf7;a77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcah7;a77#a77 based on an outbreak of ,,sars-,co,v-#b or another coronavirus with pandemic potential4 7,b7 ,state ,the term ,state has the meaning given the term in section #c of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab74 7#b7 ,provision of funds to ,states ,on request of a ,state during an emergency applicable to the ,state1 the ,secretary shall provide funds1 if made available under paragraph 7#c71 to the ,state to purchase1 store1 process1 package1 harvest1 and distribute locally grown commodities1 fruits1 vegetables1 specialty crops1 dairy1 and other consumable items1 including for donation to emergency feeding organizations 7as defined in section #bja;,a of the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #geja774 7#c7 ,authorization of ,appropriations ,there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out this subsection during an emergency4 #d4 ,restaurant meals program under the ,supplemental ,nutrition ,assistance ,program 7a7 ,definitions ,in this section3 7#a7 ,covered period ,the term covered period means the period beginning on the first day of the first month that begins after the date of enactment of this ,act and ending on the last day of the month that follows the month in which the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai1 is lifted4 7#b7 ,program ,the term program means the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7b7 ,definition of food ,section #c7k7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7k77 is amended-- 7#a7 in paragraph 7#a71 by striking clauses 7#c71 7#d71 7#e71 7#g71 7#h71 and 7#i7 of this subsection and inserting paragraphs 7#c71 7#d71 7#e71 and 7#g7 through 7#aj72 7#b7 in paragraph 7#h71 by striking and at the end2 and 7#c7 in paragraph 7#i71 by striking the period at the end and inserting 1 and 7#aj7 in the case of households residing in an area for which a major disaster has been declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj71 regardless of whether individual assistance has been authorized under such major disaster declaration1 or a public health emergency has been declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d71 meals prepared for and served by a public or private nonprofit establishment 7approved by an appropriate ,state or local agency7 that feeds such households and by private establishments that contract with the appropriate agency of the ,state to offer meals for such households at concessional prices subject to section #i7;h744 7c7 ,temporary streamlining of ,state participation 7#a7 ,in general ,subject to paragraph 7#b71 during the covered period1 the ,secretary shall waive the requirements under section #aa7;e77#be7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbj7;e77#be77 for a ,state plan of operation required under subsection 7d7 of that section4 7#b7 ,covered period ,the ,secretary may extend the covered period for the purpose of carrying out paragraph 7#a7 if the ,secretary determines that such action is necessary to prevent hunger in areas impacted by the ,coronavirus ,disease #bjai 7,,covid-#ai74 7d7 ,authorization of new retailers 7#a7 ,in general ,during the covered period1 for the sole purpose of expanding the number and capacity of retail food establishments1 including restaurants1 authorized to accept and redeem program benefits in order to adequately serve households that are eligible to receive program benefits1 the ,secretary may waive any requirements under section #i of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjah74 7#b7 ,no fees ,nothing in this subsection permits any retail food establishment1 including a restaurant1 authorized to accept and redeem program benefits to charge fees for the redemption of those benefits1 including fees described in section #g7;h77#ac7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaf7;h77#ac774 7e7 ,contracts with private establishments ,in the case of a contract that a ,state or the ,federal ,government enters into with a private establishment to offer meals at concessional prices under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 that is effective on the day before the public health emergency described in subsection 7a77#a7 is lifted1 if the ,secretary determines1 on or after the date on which the public health emergency described in subsection 7a77#a7 is lifted1 that the participation of the private establishment is not necessary to meet a documented need in accordance with section #aa7;e77#be7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbj7;e77#be771 the ,secretary may-- 7#a7 allow the operation of the private establishment to continue without that determination of need for not more than #ahj days following the date of that determination by the ,secretary2 or 7#b7 terminate the contract and provide justification for the termination to the ,state in which the private establishment is located4 7f7 ,report to ,congress ,not later than #ahj days after the public health emergency described in subsection 7a77#a7 is lifted1 the ,secretary shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives a report that includes-- 7#a7 a description of the effectiveness of this section in-- 7,a7 increasing access to concessional meals during the public health emergency2 and 7,b7 preventing hunger and improving health and safety among program recipients described in paragraphs 7#c71 7#d71 and 7#i7 of section #c7k7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7k772 and 7#b7 recommendations for additional statutory authority needed by the ,secretary-- 7,a7 to prevent hunger among program recipients during any public health emergency or major disaster2 and 7,b7 to improve health and safety among program recipients during ongoing social distancing policies relating to the ,coronavirus ,disease #bjai 7,,covid-#ai74