S3034-118

1. Short title This Act may be cited as the Meals for At-Risk Americans Act of 2023.

2. Assistance for State restaurant meals programs Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the end the following: In this subsection: The term digital application means a web-based platform that allows for the digital submission of applications. The term enhanced technical assistance means enhanced detailed educational guidance for States to learn how to set up a restaurant meals program. The term restaurant meals program means a State option restaurant program carried out under subsection (e)(25). Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate a rule, which may be an interim final rule, that establishes— guidance for States seeking to establish a restaurant meals program; and a digital application that a State may use to submit a State plan under subsection (e)(25) for establishing a restaurant meals program. An interim final rule promulgated under subparagraph (A) shall be immediately effective on publication in the Federal Register without requiring the Secretary to demonstrate good cause, notwithstanding subparagraph (B) of section 553(b) of title 5, United States Code. An interim final rule promulgated under subparagraph (A) shall give interested persons the opportunity to comment and to request a hearing. After the conclusion of any comment period or hearing under subparagraph (C), the Secretary shall issue a final rule in accordance with section 553 of title 5, United States Code. The Secretary shall notify a State agency seeking to establish a restaurant meals program of the status of the application of the State agency, including whether the application is in review, approved, or denied. If an application described in subparagraph (A) is denied, the Secretary shall provide a statement explaining the reasons for the denial. The Secretary shall use a real-time data sharing process established by the Secretary to provide to States frequent status updates on the status of applications to the Secretary from restaurants in the State to participate in the restaurant meals program of that State, which shall include an explanation for any denial of a restaurant application. Not later than 120 days after the date of enactment of this subsection, the Secretary shall provide enhanced technical assistance to States seeking to establish a restaurant meals program, including assistance to establish a digital application for use by the State for the purpose of collecting applications from restaurants in the State. Section 11(e)(25)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(25)(A)) is amended— in clause (ii), by striking and at the end; by redesignating clause (iii) as clause (iv); and by inserting after clause (ii) the following: whether the State agency will offer a digital application (as defined in subsection (y)(1)) as an option for restaurants in the State seeking to apply to participate in the program; and (y)Assistance for State restaurant meals programs(1)DefinitionsIn this subsection:(A)Digital applicationThe term digital application means a web-based platform that allows for the digital submission of applications. (B)Enhanced technical assistanceThe term enhanced technical assistance means enhanced detailed educational guidance for States to learn how to set up a restaurant meals program.(C)Restaurant meals programThe term restaurant meals program means a State option restaurant program carried out under subsection (e)(25). (2)Rulemaking(A)In generalNot later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate a rule, which may be an interim final rule, that establishes—(i)guidance for States seeking to establish a restaurant meals program; and(ii)a digital application that a State may use to submit a State plan under subsection (e)(25) for establishing a restaurant meals program. (B)Effectiveness of interim final rulesAn interim final rule promulgated under subparagraph (A) shall be immediately effective on publication in the Federal Register without requiring the Secretary to demonstrate good cause, notwithstanding subparagraph (B) of section 553(b) of title 5, United States Code.(C)Opportunity for comment and hearingAn interim final rule promulgated under subparagraph (A) shall give interested persons the opportunity to comment and to request a hearing.(D)Final ruleAfter the conclusion of any comment period or hearing under subparagraph (C), the Secretary shall issue a final rule in accordance with section 553 of title 5, United States Code. (3)State application status(A)In generalThe Secretary shall notify a State agency seeking to establish a restaurant meals program of the status of the application of the State agency, including whether the application is in review, approved, or denied.(B)Reason for denialIf an application described in subparagraph (A) is denied, the Secretary shall provide a statement explaining the reasons for the denial.(4)Restaurant application statusThe Secretary shall use a real-time data sharing process established by the Secretary to provide to States frequent status updates on the status of applications to the Secretary from restaurants in the State to participate in the restaurant meals program of that State, which shall include an explanation for any denial of a restaurant application.(5)Enhanced technical assistanceNot later than 120 days after the date of enactment of this subsection, the Secretary shall provide enhanced technical assistance to States seeking to establish a restaurant meals program, including assistance to establish a digital application for use by the State for the purpose of collecting applications from restaurants in the State.. (iii)whether the State agency will offer a digital application (as defined in subsection (y)(1)) as an option for restaurants in the State seeking to apply to participate in the program; and.