,i #aaith ,,congress #ast ,session ,h4 ,r4 #cgjj ,,in ,,the ,,house ,,of ,,representatives ,june #d1 #bjbe,ms4 ,bonamici 7for herself and ,mr4 ,goldman of ,new ,york7 introduced the following bill2 which was referred to the ,committee on ,education and ,workforce ,a ,,bill ,to amend the ,richard ,b4 ,russell ,national ,school ,lunch ,act to require certain ,state agencies and covered ,indian ,tribal organizations to replace summer ,,ebt benefits that are determined to have been stolen1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,mitigating ,electronic ,access ,losses for ,students ,act of #bjbe or the ,,meals ,act of #bjbe4 #b4 ,summer ,,ebt fraud prevention ,section #ac;,a of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfb7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i72 and 7#b7 by inserting after subsection 7g7 the following3 7h7 ,summer ,,ebt fraud prevention 7#a7 ,guidance2 rulemaking ,the ,secretary shall-- 7,a7 issue guidance to ,state agencies and covered ,indian ,tribal organizations1 on an ongoing basis1 as informed by the process outlined in subparagraph 7,d71 that describes security measures that-- 7i7 are effective1 as determined by the ,secretary1 in detecting and preventing theft of summer ,,ebt benefits1 including through card skimming1 card cloning1 and other similar fraudulent methods2 7ii7 are consistent with industry standards for detecting1 identifying1 and preventing debit and credit card skimming1 card cloning1 and other similar fraudulent methods2 and 7iii7 consider the feasibility of cost1 availability1 and implementation for ,state agencies and covered ,indian ,tribal organizations2 7,b7 promulgate regulations through notice-and-comment rulemaking to require ,state agencies and covered ,indian ,tribal organizations that elect to participate in the program under this section to take the appropriate security measures1 as determined by the ,secretary1 described in the guidance issued under subparagraph 7,a72 7,c7 not later than #a year after the date of enactment of this subsection1 promulgate regulations 7including an interim final rule7 to require ,state agencies and covered ,indian ,tribal organizations that elect to participate in the program under this section to implement procedures for the replacement of summer ,,ebt benefits consistent with paragraph 7#b72 7,d7 coordinate with the ,director of the ,office of ,family ,assistance of the ,administration for ,children and ,families of the ,department of ,health and ,human ,services1 the ,attorney ,general of the ,united ,states1 ,state agencies1 covered ,indian ,tribal organizations1 retailers 7including retail food stores described in subparagraph 7,a7 of subsection 7b77#a7 and vendors described in subparagraph 7,b7 of such subsection71 and ,,ebt contractors-- 7i7 to determine-- 7,i7 how summer ,,ebt benefits are being stolen through card skimming1 card cloning1 and other similar fraudulent methods2 7,,ii7 how those stolen benefits are used2 and 7,,iii7 the locations where card skimming1 card cloning1 and other similar fraudulent methods are taking place2 7ii7 to establish measures1 including equipment enhancements for retail food stores described in subparagraph 7,a7 of subsection 7b77#a7 and vendors described in subparagraph 7,b7 of such subsection1 to prevent summer ,,ebt benefits from being stolen through card skimming1 card cloning1 and other similar fraudulent methods2 and 7iii7 to establish standard reporting methods for ,state agencies and covered ,indian ,tribal organizations that elect to participate in the program under this section to collect and share data with the ,secretary on the scope of summer ,,ebt benefits being stolen through card skimming1 card cloning1 and other similar fraudulent methods2 and 7,e7 not later than #b years after the date of enactment of this subsection1 submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,education and ,workforce of the ,house of ,representatives a report that includes-- 7i7 information on the frequency of theft of summer ,,ebt benefits and the location of those thefts1 including benefits stolen through card skimming1 card cloning1 and other similar fraudulent methods2 7ii7 a description of the determinations made under subparagraph 7,d77i71 the measures established under subparagraph 7,d77ii71 and methods established in subparagraph 7,d77iii72 7iii7 a description of the industry standards described in subparagraph 7,a77ii72 7iv7 a comparison of ,state agency and covered ,indian ,tribal organization plans related to reimbursement1 prevention1 and other relevant procedures approved in accordance with paragraph 7#b77;,a77i72 and 7v7 a description of actions taken by the ,secretary1 and actions the ,secretary plans to take1 to detect and prevent theft of summer ,,ebt benefits1 including benefits stolen through card skimming1 card cloning1 and other similar fraudulent methods4 7#b7 ,replacement of benefits 7,a7 ,in general ,the ,secretary shall use funds appropriated pursuant to this section to require ,state agencies and covered ,indian ,tribal organizations that elect to participate in the program under this section to replace summer ,,ebt benefits that are determined by the ,state agency or covered ,indian ,tribal organization to have been stolen through card skimming1 card cloning1 or similar fraudulent methods1 subject to the conditions that-- 7i7 the ,state agency or covered ,indian ,tribal organization shall include as part of each plan for operations and management of the ,state agency or covered ,indian ,tribal organization required under section #bib4h of title #g1 ,code of ,federal ,regulations 7or a successor regulation71 and submitted after the date of enactment of this ,act a plan for the replacement of stolen summer ,,ebt benefits that-- 7,i7 includes appropriate procedures1 as determined by the ,secretary1 for the timely submission of claims to1 timely validation of claims by1 and replacement issuance by the ,state agency or covered ,indian ,tribal organization that includes-- 7aa7 a signed statement by the affected eligible household on the benefit theft1 consistent with the signature requirements and options1 including electronic signatures1 provided by section #aa7;e77#b77;,c7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbj7;e77#b77;,c772 7bb7 criteria to determine if a submitted claim is valid2 7cc7 procedures for the documentation of replacement issuances1 including the submitted claims and findings from the validation2 7dd7 the submission of data reports on benefit theft and replacement activity to the ,secretary2 7ee7 procedures to inform eligible households of their right to appeal an adverse decision regarding a submitted claim2 and 7ff7 the ,state agency's or covered ,indian ,tribal organization's use and planned use of benefit theft prevention measures1 including any additional guidance that may be issued under subsection 7h77#a72 7,,ii7 includes appropriate procedures1 as determined by the ,secretary1 for reporting the scope and frequency of card skimming affecting eligible households to the ,secretary2 and 7,,iii7 includes appropriate procedures1 as determined by the ,secretary1 in the case of theft involving a card or other account that stores summer ,,ebt benefits and other benefits 7including supplemental nutrition assistance program benefits71 for determining1 to the extent possible1 the total portion of stolen benefits that is attributable to summer ,,ebt benefits2 and 7ii7 the replacement of stolen summer ,,ebt benefits for an eligible household shall not exceed the lesser of-- 7,i7 the amount of summer ,,ebt benefits stolen from the eligible household-- 7aa7 during the calendar year that the claim reporting such theft was submitted2 and 7bb7 that have not been replaced or otherwise supplemented by a prior approved claim2 or 7,,ii7 the amount equal to the summer ,,ebt benefit allotment of the eligible household issued to the eligible household immediately prior to the date on which the benefits were stolen4 7,b7 ,plan deadline for current participants ,in the case of a ,state agency or covered ,indian ,tribal organization participating in the program under this section on the date of enactment of this subsection1 such ,state ,agency or covered ,indian ,tribal organization shall be required to-- 7i7 submit an initial version of the plan for the replacement of stolen summer ,,ebt benefits described in subparagraph 7,a77i7 to the ,secretary for approval not later than #fj days after the date of enactment of this subsection2 and 7ii7 implement such initial plan upon approval by the ,secretary4 7#c7 ,comptroller ,general 7,a7 ,in general ,not later than #b years after the date of enactment of this subsection1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,education and ,workforce of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that examines risks related to summer ,,ebt benefit payment system security1 including the risk of stolen benefits through card skimming1 card cloning1 and other similar methods4 7,b7 ,contents ,the report under subparagraph 7,a7 shall include an assessment of-- 7i7 the extent to which the ,department of ,agriculture manages summer ,,ebt benefit payment system security1 including risks related to stolen benefits1 compared to leading industry practices2 7ii7 the manner in which ,state agencies1 covered ,indian ,tribal organizations1 retailers1 and other relevant entities manage risks related to stolen summer ,,ebt benefits2 7iii7 the oversight of and guidance provided by the ,secretary to ,state agencies and covered ,indian ,tribal organizations regarding stolen summer ,,ebt benefits2 and 7iv7 recommendations and policy options for-- 7,i7 improving how the ,department of ,agriculture and other relevant entities manage summer ,,ebt benefit payment system security risks1 including those related to stolen benefits2 and 7,,ii7 how the ,department of ,agriculture may best share those improvements with ,state agencies1 covered ,indian ,tribal organizations1 retailers1 and other relevant entities4 4