7 CFR Part 292 — Summer Electronic Benefits Transfer Program

PART 292—SUMMER ELECTRONIC BENEFITS TRANSFER PROGRAM Authority: 42 U.S.C. 1762. Source: 88 FR 90355, Dec. 29, 2023, unless otherwise noted. Subpart A—General § 292.1 General purpose and scope. (a) This part establishes the regulations under which the Secretary will administer the Summer Electronic Benefits Transfer (Summer EBT) Program. Section 13A of the Richard B. Russell National School Lunch Act authorizes the Secretary to establish a Program under which States, and Indian Tribal Organizations (ITOs) that administer the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), electing to participate in the Summer EBT Program must, beginning in Summer 2024 and annually thereafter, issue to each eligible household Summer EBT benefits. (b) This program was established for the purpose of providing nutrition assistance during the summer months for each eligible child, to ensure continued access to food when school is not in session for the summer. § 292.2 Definitions. 2 CFR part 200 Act Acquisition Administrative costs Adult Advance Planning Document for project planning Planning APD (APD PAPD) Advance Planning Document Update (APDU) Cash-Value Benefit (CVB) Categorically eligible household, SNAP, TANF, FDPIR, foster child, homeless child, migrant child, Head Start child runaway child, Commercial Off-the-Shelf (COTS) Continuous school calendar (1) On a vacation for periods of 15 continuous school days or more during the period October through April; and (2) In attendance at regularly scheduled classes during most of the period May through September. Current income Department Direct verification Disclosure Dual participation Electronic Benefit Transfer (EBT) account Electronic Benefit Transfer (EBT) card Electronic Benefit Transfer (EBT) contractor or vendor Electronic Benefit Transfer (EBT) system Eligible child Eligible household Enhancement Enrolled students Expungement FDPIR FNS FNSRO Firm, (1) Means: (i) A retail food store that is authorized to accept or redeem Summer EBT benefits; (ii) A retail food store that is not authorized to accept or redeem Summer EBT benefits; or (iii) An entity that does not meet the definition of a retail food store in § 271.2 of this chapter. (2) For purposes of the regulations in this part the terms firm, entity, retailer, and store may be used interchangeably. Food instrument, Household Implementation Advance Planning Document Implementation APD (IAPD) e.g., (1) Transmittal letter. (2) Cost Allocation Plan. (3) Pre-conversion outlays (where applicable). (4) Brief schedule of events and payments, and budget. Income eligibility guidelines Indian Tribal Organization (ITO) Information System (IS) Instructional year ITO Service Area Local Education Agency (LEA) NSLP/SBP et seq. et seq. NSLP/SBP application OIG Period of eligibility instructional year, summer operational period, Planning Advanced Planning Document (PAPD) Program Program funds Project Request for Proposal (RFP) (1) In competitive negotiation, proposals are requested from a number of sources and the Request for Proposal is publicized, negotiations are normally conducted with more than one of the sources submitting offers, and either a fixed-price or cost-reimbursable type contract is awarded, as appropriate. (2) Competitive negotiation may be used if conditions are appropriate for the use of formal advertising. If competitive negotiation is used for procurement under a grant, the following requirements must apply: (i) Proposals must be solicited from an adequate number of qualified sources to permit reasonable competition consistent with the nature and requirements of the procurement. The Request for Proposals must be publicized and reasonable requests by other sources to compete must be honored to the maximum extent practicable. (ii) The Request for Proposal must identify significant evaluation factors, including price or cost where required and their relative importance. (iii) The Summer EBT agency must provide procedures for technical evaluation of the proposals received, determinations of responsible offerors for the purpose of written or oral discussions, and selection for contract award. (iv) Award may be made to the responsible offeror whose proposal will be most advantageous to the Summer EBT agency, price and other factors considered. Unsuccessful offerors should be notified promptly. (v) State agencies may utilize competitive negotiation procedures for procurement of architectural/engineering professional services whereby competitors' qualifications are evaluated, and the most qualified competitor is selected subject to negotiation of fair and reasonable compensation. Rolling verification School aged Secretary SNAP SNAP eligible foods SNAP retail food store Special provision school State Streamlined certification Summer EBT agency, (1) Means: (i)(A) Any agency of State government that has been designated by the Governor or other appropriate executive or legislative authority of the State which is responsible for the administration of the Summer EBT Program within the State and enters into a written agreement with USDA to administer Summer EBT. In those States where such assistance programs are operated on a decentralized basis, it includes all State agencies that assist with administration of the Summer EBT Program unless otherwise specified. (B) Coordinating Summer EBT agencies have an inter-agency written agreement with partnering Summer EBT agencies to administer the Program, as applicable. (ii) An ITO that is responsible for the administration of the Summer EBT Program and has entered into a written agreement with USDA to administer Summer EBT. (2) Summer EBT agencies may be further described to clarify roles and requirements, as necessary, including: (i) Coordinating Summer EBT agency (ii) Partnering Summer EBT agency (iii) ITO Summer EBT agency (iv) State Summer EBT agency Summer EBT application Summer operational period Supplemental foods (1) Containing nutrients determined by nutritional research to be lacking in the diets of children; and (2) Promoting the health of the population served by the program under this section, as indicated by relevant nutrition science, public health concerns, and cultural eating patterns, as determined by FNS; and (3) Supplemental foods authorized for the WIC Program by the applicable WIC ITO meet the requirements set forth in this definition, excluding infant foods and infant formula. System error TANF Trafficking (1)(i) The buying, selling, stealing, or otherwise effecting an exchange of Summer EBT benefits issued and accessed via Electronic Benefit Transfer (EBT) cards, card numbers, and personal identification numbers (PINs), or by manual voucher and signature, for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone; (ii) The exchange of firearms, ammunition, explosives, or controlled substances, as defined in 21 U.S.C. 802, for Summer EBT benefits; (iii) Purchasing a product with Summer EBT benefits that has a container requiring a return deposit with the intent of obtaining cash by intentionally discarding the product and intentionally returning the container for the deposit amount; (iv) Purchasing a product with Summer EBT benefits with the intent of obtaining cash or consideration other than eligible food by reselling the product, and subsequently intentionally reselling the product purchased with Summer EBT benefits in exchange for cash or consideration other than eligible food; or (v) Intentionally purchasing products originally purchased with Summer EBT benefits in exchange for cash or consideration other than eligible food. (2) Attempting to buy, sell, steal, or otherwise affect an exchange of Summer EBT benefits issued and accessed via Electronic Benefit Transfer (EBT) cards, card numbers and personal identification numbers (PINs), or by manual voucher and signatures, for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone. Vendor Verification Verification for cause WIC WIC Program § 292.3 Administration. (a) Delegation to FNS. (b) Delegation to a State or ITO. (1) Coordinating Summer EBT agency. (ii) The coordinating Summer EBT agency is: (A) The primary point of contact for the Summer EBT Program within the State or ITO; (B) Responsible for the complete and timely submission of any required plans, forms, and reports; (C) Responsible for activities as outlined in the inter-agency written agreement; and (D) Responsible for the effective and efficient administration of the Program in accordance with the requirements of this part; the Department's regulations governing nondiscrimination (7 CFR parts 15, 15a, and 15b); governing administration of grants (2 CFR part 200, subparts A through F, and USDA implementing regulations in 2 CFR parts 400 and 415); governing non-procurement debarment/suspension (2 CFR part 180 and USDA implementing regulations in 2 CFR part 417); governing restrictions on lobbying (2 CFR part 200, subpart E, and USDA implementing regulations in 2 CFR parts 400, 415, and 418); and governing the drug-free workplace requirements (2 CFR part 182); FNS guidelines; and, instructions issued under the FNS Directives Management System. (2) Partnering Summer EBT agencies. (ii) The partnering Summer EBT agency is: (A) Responsible for activities as outlined in the inter-agency written agreement. If only one Agency will be responsible for the administration of Summer EBT, designation of partnering agencies is not applicable. (B) Responsible for the effective and efficient administration of the Program in accordance with the requirements of this part; the Department's regulations governing nondiscrimination (7 CFR parts 15, 15a, and 15b); governing administration of grants (2 CFR part 200, subparts A through F, and USDA implementing regulations in 2 CFR parts 400 and 415); governing non-procurement debarment/suspension (2 CFR part 180 and USDA implementing regulations in 2 CFR part 417); governing restrictions on lobbying (2 CFR part 200, subpart E, and USDA implementing regulations in 2 CFR parts 400, 415, and 418); and governing the drug-free workplace requirements (2 CFR part 182); FNS guidelines; and, instructions issued under the FNS Directives Management System. (c) Designation of responsibility among Summer EBT agencies and requirements for written inter-agency agreements. (1) The inter-agency written agreement should outline the Summer EBT agencies assignment of responsibilities including, but not limited to: (i) Certification and enrollment of children; (ii) Issuance, control, and accountability of Summer EBT benefits and EBT cards; (iii) Developing and maintaining complaint procedures; (iv) Developing, conducting, and evaluating training; (v) Keeping records necessary to determine whether the program is being conducted in compliance with the requirements in this part for the proper storage and use of data. The records must survive the duration of this agreement; (vi) Submitting accurate and timely financial and program plans, forms, and reports; and (vii) Public notification and participant support. (2) [Reserved] (d) Suspension, termination, and closeout procedures. (e) Authority to waive statute and regulations for State Summer EBT agencies. (2) A State Summer EBT agency may submit a request for a waiver under paragraph (e)(1) of this section in accordance with section 12(l)(2) and the provisions of this part. (3) A State Summer EBT agency may submit a request to waive specific statutory or regulatory requirements on behalf of eligible service providers that operate in the State. Any waiver where the State concurs must be submitted to the appropriate FNSRO. (4) An eligible service provider may submit a request for a waiver under paragraph (e)(1) of this section in accordance with section 12(l) and the provisions of this part. (i) Any waiver request submitted by an eligible service provider must be submitted to the State Summer EBT agency for review. (ii) A State Summer EBT agency must act promptly on such a waiver request and must deny or concur with a request submitted by an eligible service provider. (iii) If a State Summer EBT agency concurs with a request from an eligible service provider, the Summer EBT agency must promptly forward to the appropriate FNSRO the request and a rationale, consistent with section 12(l)(2), supporting the request. (iv) By forwarding the request to the FNSRO, the State Summer EBT agency affirms: (A) The request meets all requirements for waiver submissions; and, (B) The State Summer EBT agency will conduct all monitoring requirements related to regular Program operations and the implementation of the waiver. (v) If the State Summer EBT agency denies the request, the State Summer EBT agency must notify the requesting eligible service provider and state the reason for denying the request in writing within 30 calendar days of the State Summer EBT agency's receipt of the request. The State Summer EBT agency response is final and may not be appealed to FNS. (f) Waivers for ITO Summer EBT agencies. (2) To be approvable, a waiver must: (i) Address a specific regulatory provision which cannot be implemented effectively by the requesting ITO operation; (ii) Result in more effective and efficient administration of the Program; (iii) Be consistent with the provisions of the Act; and (iv) Not result in material impairment of any statutory or regulatory rights of participants or potential participants. (3) When submitting requests for waivers, ITO Summer EBT agencies must provide compelling justification for the waiver in terms of how the waiver will improve the efficiency and effectiveness of the administration of the Program. At a minimum, requests for waivers must include, but not necessarily be limited to: (i) Reasons why the waiver is needed; (ii) Anticipated impact on service to participants or potential participants who would be affected; (iii) Anticipated time period for which the waiver is needed; and (iv) A thorough description of the proposed waiver and how it would be implemented. § 292.4 [Reserved] Subpart B—Eligibility Standards and Criteria § 292.5 General purpose and scope. (a) Summer EBT eligibility is based on the eligibility standards for the NSLP/SBP, which includes children who are income eligible for free or reduced-price school meals based on the Income Eligibility Guidelines published by the Department by notice in the Federal Register (b) The Income Eligibility Guidelines are published annually and change on July 1. The guidelines in effect on the date of application must be used to determine eligibility. § 292.6 Eligibility. Children eligible for Summer EBT include those who, at any time during the period of eligibility, are: (a) School-aged and categorically eligible. (b) Enrolled in an NSLP/SBP-participating school, except for special provision schools, and: (1) Categorically eligible; (2) Meet the requirements to receive free or reduced price meals at § 292.5(a), as determined through an NSLP/SBP application; (3) Otherwise are determined eligible to receive a free or reduced price meal; or (4) Determined eligible through a Summer EBT application, consistent with § 292.13. (c) Enrolled in a special provision school, and: (1) Categorically eligible; (2) Otherwise meet the requirements to receive free or reduced price meals at § 292.5(a), as determined through an NSLP/SBP application; or (3) Determined eligible through a Summer EBT application, consistent with § 292.13. § 292.7 Period to establish eligibility. (a) Eligibility for Summer EBT, as determined through an application or by streamlined certification, may be established from the first day of the instructional year immediately preceding the summer operational period through the last day of the summer operational period, as defined by the Summer EBT agency in the Plan for Operations and Management (POM). (b) Households are not required to report changes in circumstances during the instructional year or summer operational period, but a household may voluntarily contact the State or LEA to report any changes in income, household composition, or program participation. (c) The carryover period in the school meal programs, as required at § 245.6(c)(1) of this chapter, may not be used to confer eligibility for Summer EBT benefits during the summer operational period following the instructional year in which the carryover benefit was provided as it is outside of the period to establish eligibility, as described in paragraph (a) of this section. Subpart C—Requirements of Summer EBT Agencies § 292.8 Plan for Operations and Management. (a) Not later than August 15 of each year, the Summer EBT agency must submit to the FNS Regional Office its intent to administer the Summer EBT Program the following summer, along with an interim Plan for Operations and Management (POM) and expenditure plan for the Summer EBT Program for the upcoming fiscal year. For 2024 only, the Summer EBT agency must submit to the FNS regional office its intent to administer the Summer EBT Program by January 1, 2024, and the interim POM and expenditure plan as soon as is practicable. The interim POM must: (1) Include the Summer EBT agency's forecasted program participation, anticipated administrative funding needs as part of an expenditure plan, and other programmatic information required in paragraphs (e) and (f) of this section, if applicable, to the extent that such information has been determined at the time of submission. (2) Be approved by FNS before the Summer EBT agency may draw Federal administrative funds for the fiscal year. (b) Not later than February 15 of each year, the Summer EBT agency must submit to the FNS Regional Office a final POM. The final POM must: (1) Address all the requirements of paragraphs (e) and (f) of this section, if applicable. (2) Be approved by FNS before the Summer EBT agency may draw Federal food benefit funds for the fiscal year. (c) USDA will respond to the interim and final POM, respectively, within 30 calendar days of receipt. If the plan initially submitted is not approved, the Summer EBT agency and USDA will collaborate to ensure changes to the plan are submitted for approval. (d) At any time after approval, the Summer EBT agency may amend an interim or final POM to reflect changes. The Summer EBT agency must submit the amendments to USDA for approval. The amendments must be signed by the Summer EBT agency-designated official responsible for ensuring that the Program is operated in accordance with the POM. (e) Summer EBT agencies must include the following in their final POM, at a minimum: (1) A copy of the inter-agency written agreement between the Summer EBT coordinating agency and each partnering agency that outlines the roles and responsibilities of each as required in § 292.3(e) if applicable. (2) An estimate of the number of participants who will be served for the coming year. (3) The administrative budget on behalf of the State's or ITO's entire program operations which reflects the comprehensive needs of the Summer EBT agencies and local education agencies. The budget must include the Summer EBT agency's plan to comply with any standards prescribed by the Secretary for the use of these funds, as well as an expenditure plan reflecting planned administrative cost requirements for the year. Should administrative fund needs change, an amended expenditure plan is required. (4) A plan for timely and effective action against program violators. (5) A plan to comply with the Summer EBT agency requirements in §§ 292.12 through 292.14. (6) A plan to ensure that Summer EBT benefits are issued to children based on their enrollment at the end of the instructional year immediately preceding each summer. (7) A description of enrollment procedures including, but not limited to, applications, NSLP enrollment database, direct verification and verification, as applicable. (8) The plan to coordinate with an ITO Summer EBT Program or State Summer EBT Program, as applicable, in accordance with § 292.9. (9) The procedures to detect and prevent dual participation including a child simultaneously receiving benefits from more than one Summer EBT Program, or simultaneously receiving multiple allotments from the same State or ITO-administered Summer EBT Program as required in § 292.9(b)(3). (10) A description of the issuance process including: (i) The start and end dates of the summer operational period; (ii) Date(s) when benefits will be issued; (iii) Benefit issuance dates for LEAs operating on a continuous school calendar, as applicable; (iv) Whether benefits will be added to an existing EBT card or other mobile payment instrument used to deliver SNAP or WIC benefits or, instead, whether benefits will be issued on a unique Summer EBT card or instrument; (v) Whether benefits will be issued to each eligible child or to households, as applicable; (vi) How the Summer EBT agency will provide access to households experiencing homelessness and other vulnerable populations; and (vii) Claims procedures in cases of erroneous payments in accordance with requirements at § 292.16(g). (11) Customer service plans including: (i) A single point of contact for all customer service information and inquiries including a hotline and website; (ii) How eligible households will be informed of the availability of program benefits and the process to apply for benefits, if necessary; and (iii) A simplified process for households to opt out of the program. (12) A copy of the fair hearing procedure for participants. (f) In addition to the items listed in paragraph (e) of this section, an ITO Summer EBT agency must include in its POM: (1) The service area of the ITO, a map or other visual reference aid, and a description of any Tribal areas outside of the ITO's jurisdiction that they propose to serve; (2) A plan and procedures to enroll children already deemed eligible by a State Summer EBT agency serving the same geographic area, without further application; (3) A plan and procedures to determine eligibility for and enroll children who must apply through the ITO Summer EBT agency to receive benefits because they have not already been identified as eligible, e.g., (4) A description of the benefit delivery model to be used. The ITO Summer EBT agency may use a cash-value benefit (CVB) model, a food package model, a combination of the two, or an alternate model. The ITO Summer EBT agency must use the same benefit model for all participants throughout its service area; (i) For ITOs using a CVB-only benefit delivery model, a description of how the benefit level equal to the amount set forth in § 292.15(e); or (ii) For ITOs using a food package benefit delivery model, a combination CVB and food package benefit delivery model, or an alternate benefit delivery model, a description of how the benefit level will not exceed the amount set forth in § 292.15(e); (5) The list of supplemental foods for which participants can transact upon enrollment, excluding infant formula and infant foods; (6) Procedures for enrolling applicable vendors to transact and redeem Summer EBT Program benefits. As a prerequisite, such vendors must be approved for participation in the WIC Program; (7) A plan for providing technical assistance and training to vendors enrolled to transact and redeem Summer EBT Program benefits; and (8) A plan for vendor integrity and monitoring, pursuant to § 292.19. § 292.9 Coordination between State-administered and ITO-administered Summer EBT Programs. (a) The ITO Summer EBT agency must receive priority consideration to serve eligible individuals within its service area, as identified in its FNS-approved Plan for Operations and Management (POM) per § 292.8. (b) An ITO Summer EBT agency and State Summer EBT agency serving proximate geographic areas must coordinate Summer EBT Program services, which may include a written agreement between both parties. ITO Summer EBT agency and State Summer EBT agency coordination must, at minimum, include the following: (1) The State Summer EBT agency must share data, including household contact information, indicating those individuals deemed eligible in the ITO Summer EBT agency's service area in a manner and timeframe that will allow the ITO Summer EBT agency to issue program benefits timely; (2) The ITO Summer EBT agency and the State Summer EBT agency must each provide notice to eligible individuals or households that they may choose to receive Summer EBT Program benefits from either Summer EBT agency, in addition to referral information upon individual or household request; and (3) The ITO Summer EBT agency and State Summer EBT agency must coordinate to detect and prevent dual participation in the same summer operational period when serving proximate service areas in accordance with § 292.15(d). For all student data exchanged applicable to the Summer EBT Program, the ITO Summer EBT agency and State Summer EBT agency must ensure the confidentiality of such data and data must only be used for program purposes in accordance with § 292.13(o). (c) Eligible households choosing to participate in either the ITO-operated Summer EBT Program or the State-operated Summer EBT Program must participate in the same program for the duration of the summer operational period in any given year. § 292.10 [Reserved] § 292.11 Advance Planning Document (APD) processes. (a) APD process for State agencies and ITOs. (b) APD process for States. (1) For the acquisition of IS equipment or services to be utilized in an EBT system regardless of the cost of the acquisition in accordance with the Summer EBT issuance standards (subpart D of this part). (2) Specific prior approval requirements. (A) Conducting planning activities, entering into contractual agreements or making any other commitment for acquiring the necessary planning services for the development of an initial Summer EBT services project; and (B) Conducting design, development, testing or implementation activities, entering into contractual agreements or making any other commitment for the acquisition of IS equipment or services. (ii) For IS equipment and services acquisitions requiring prior approval as specified in paragraph (b)(1) of this section, prior approval of the following documents associated with such acquisitions is also required: (A) Requests for Proposals (RFPs). (B) Contracts. (C) Contract amendments. (3) Procurement requirements. (ii) The standards prescribed by § 277.14 of this chapter, as well as the requirement for prior approval in this paragraph (b), apply to IS services and equipment acquired primarily to support Summer EBT regardless of the acquiring entity. (iii) The competitive procurement policy prescribed by § 277.14 of this chapter must be applicable except for IS services provided by the agency itself, or by other State or local agencies. (iv) The following FNS-required provisions as required under 2 CFR part 200, appendix II, apply to Summer EBT procurements as well: (A) Compliance with Executive Order 11246 related to equal employment opportunity. (B) Compliance with Clean Air Act (42 U.S.C. 7401-7671q). (C) Compliance with Clean Water Act (33 U.S.C. 1251-1387). (D) Compliance with Anti-Lobbying Act. (E) Compliance with Americans with Disabilities Act. (F) Compliance with drug-free workplace requirements. (G) Compliance with suspension/debarment requirements. (H) USDA has royalty-free rights to use software and documentation developed. (I) The State Summer EBT agency must obtain prior written approval from FNS, as specified in paragraphs (b)(1) and (2) of this section, to claim and receive reimbursement for the associated costs of the IS acquisition. (4) Document submission requirements. (A) Planning APD as described in § 292.2. (B) Implementation APD as described in § 292.2. (C) Annual APDU as described in § 292.2 for the initial Summer EBT implementation. (ii) The Annual APDU must be submitted to FNS 60 days prior to the expiration of the FFP approval, unless the submission date is specifically altered by USDA. In years where an As Needed APDU is required, as described in § 292.2, FNS may waive or modify the requirement to submit the annual APDU. The requirement in this paragraph (b)(4)(ii) will only apply to the initial implementation of Summer EBT. (iii) As Needed APDU as described in § 292.2. As Needed APDU are required to obtain a commitment of FFP whenever significant project changes occur. Significant project changes are defined as changes in cost, schedule, scope or strategy which exceed FNS-defined thresholds or triggers. Without such approval, the Summer EBT agency is at risk for funding of project activities which are not in compliance with the terms and conditions of the approved APD and subsequently approved APDU until such time as approval is specifically granted by FNS. (iv) Acquisition documents as described in § 277.14(g) of this chapter for Summer EBT agencies that administer SNAP (see guidance within in FNS Handbook 901 for more information), or for Summer EBT services projects utilizing an existing or new SNAP EBT services contract for Summer EBT. (v) Emergency acquisition requests as described in paragraph (j) of this section. (c) Prior approval. (d) Approval by the State Summer EBT agency. (e) Prompt action on requests for prior approval. (f) APD content requirements Planning APD (PAPD). (2) Implementation APD (IAPD). (3) Annual APDU content requirements. (4) As Needed APDU content requirements. The As Needed APDU document must contain the items as defined in paragraph (b)(4)(ii) of this section with emphasis on the area(s) where changes have occurred or are anticipated that triggered the submission of the APDU (see guidance within FNS' Handbook 901 for more information).” Paragraph (d) should read: (q) APD process for ITOs. (g) Service agreements. Service agreement (i) Identify the IS services that will be provided; (ii) Include a schedule of rates for each identified IS service, and a certification that these rates apply equally to all users; (iii) Include a description of the method(s) of accounting for the services rendered under the agreement and computing services charges; (iv) Include assurances that services provided will be timely and satisfactory; (v) Include assurances that information in the IS as well as access, use and disposal of IS data will be safeguarded in accordance with provisions of §§ 272.1(c) (disclosure) and 277.13 (property) of this chapter; (vi) Require the provider to obtain prior approval from FNS pursuant to paragraph (b) of this section for IS equipment and IS services that are acquired from commercial sources primarily to support federally aided public assistance programs and require the provider to comply with § 277.14 of this chapter (procurement standards) for procurements related to the service agreement. IS equipment and services are considered to be primarily acquired to support federally aided public assistance programs when the Programs may reasonably be expected to either be billed for more than 50 percent of the total charges made to all users of the IS equipment and services during the time period covered by the service agreement, or directly charged for the total cost of the purchase or lease of IS equipment or services; (vii) Include the beginning and ending dates of the period of time covered by the service agreement; and (viii) Include a schedule of expected total charges to the Program for the period of the service agreement. (2) The State Summer EBT agency must maintain a copy of each service agreement in its files for Federal review upon request. (h) Basis for continued Federal financial participation (FFP) (2) Pre-implementation. (3) Testing. (i) Functional demonstration. (ii) An Acceptance Test Plan. (A) The types of testing to be performed; (B) The organization of the test team and associated responsibilities, test database generation, test case development, test schedule, and the documentation of test results. Acceptance testing must include functional requirements testing, error condition handling and destructive testing, security testing, recovery testing, controls testing, stress and throughput performance testing, and regression testing; and (C) A “what-if” component must also be included to permit the opportunity for observers and participants to test possible scenarios in a free-form manner. (iii) Independent testing. (iv) An acceptance test report. (v) A prototype food retailer agreement. (vi) An implementation plan. ( 1 ( 2 ( 3 ( 4 ( 5 (B) The State Summer EBT agency must submit a written contingency plan for FNS approval. The contingency plan must contain information regarding the back-up issuance system that will be activated in the event of an emergency shut-down which results in short-term or extended system inaccessibility, or total discontinuation of EBT system operations. The contingency plan must be incorporated into the Summer EBT State system security plan after FNS approval as specified in paragraph (p) of this section. (i) Disallowance of Federal financial participation (FFP). (j) Emergency acquisition requirements. (1) The State Summer EBT agency must submit a written request to FNS prior to the acquisition of any IS equipment or services. The written request must include: (i) A brief description of the IS equipment and/or services to be acquired and an estimate of their costs; (ii) A brief description of the circumstances which result in the State Summer EBT agency's need to proceed with the acquisition prior to fulfilling approval requirements at paragraph (c) of this section; and (iii) A description of the adverse impact which would result if the State Summer EBT agency does not immediately acquire the IS equipment and/or services. (2) Upon receipt of a written request for emergency acquisition FNS must provide a written response to the State Summer EBT agency within 14 days. The FNS response must: (i) Inform the State Summer EBT agency that the request has been disapproved and the reason for disapproval. (ii) If FNS approves the request submitted under paragraph (j)(1) of this section, FFP will be available from the date the State Summer EBT agency acquires the IS equipment and services. (iii) FNS recognizes that an emergency situation exists and grants conditional approval pending receipt of the State Summer EBT agency's formal submission of the IAPD information specified at paragraph (b)(4) of this section within 90 days from the date of the agency's initial written request. (iv) If the complete IAPD submission required by paragraph (b)(2) of this section is not received by FNS within 90 days from the date of the initial written request, costs may be subject to disallowance. (k) General cost requirements Cost determination. (2) Cost identification for purposes of FFP claims. (i) Development costs. (ii) Operational costs. (iii) Service agreement costs. (iv) Claiming costs. (v) Budget authority. (l) Access to the system and records. (m) Ownership rights. (n) Software. (2) FNS reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for Federal Government purposes, such software, modifications, and documentation. (3) Proprietary operating/vendor software packages which meet the definition of COTS in § 292.2 must not be subject to the ownership provisions in paragraph (m) of this section. FFP is not available for development costs for proprietary application software developed specifically for Summer EBT. (o) Information Systems equipment. (p) Information system security requirements and review process Information system security requirements. (2) Information security program. (i) Determination and implementation of appropriate security requirements as prescribed in paragraph (p)(1) of this section. (ii) Establishment of a security plan and, as appropriate, policies and procedures to address the following areas of IS security: (A) Physical security of IS resources; (B) Equipment security to protect equipment from theft and unauthorized use; (C) Software and data security; (D) Telecommunications security; (E) Personnel security; (F) Contingency plans to meet critical processing needs in the event of short- or long-term interruption of service; (G) Emergency preparedness; and (H) Designation of an Agency IS Security Manager. (3) Periodic risk analyses. (4) IS security reviews. (5) Applicability. (q) APD process for ITOs. (r) ITO EBT management and reporting. (2) If an ITO plans to incorporate additional programs in its EBT system, the ITO must consult with ITO officials responsible for administering the programs prior to submitting the Planning APD (PAPD) document and include the outcome of those discussions in the PAPD submission to the Department for approval. (3) Annually as part of the State plan, the Summer EBT agency must submit EBT project status reports. At a minimum, the annual status report must contain: (i) Any information on future EBT changes and procurement updates affecting present operations; and (ii) Such other information the Secretary may require. (4) The ITO must be responsible for EBT coordination and management for planning, implementation and ongoing operations of Summer EBT. (s) ITO Summer EBT procurements. (1) 2 CFR 200.315; (2) 2 CFR 200.317; (3) 2 CFR 200.326; (4) 2 CFR part 200, appendix II: (i) Remedies for violation or breach; (ii) Termination for cause and for convenience; (iii) Equal employment opportunity (EEO) provisions; (iv) Clean Air Act and Federal Water Pollution Control Act; (v) Debarment and suspension requirements; and (vi) Anti-lobbying requirements; and (5) 2 CFR part 400. (t) ITO Program costs. (i) Direct costs. (ii) Indirect costs. (2) Program funds may not be used to pay for retroactive benefits. § 292.12 Enrolling eligible children. (a) Minimum requirements for Program informational activities. (1) Summer EBT agencies must inform participant and applicant households of their Program rights and responsibilities. This information may be provided through whatever means the Summer EBT agency deems appropriate. (2) All Program informational material must: (i) Be in an understandable and uniform format, and to the maximum extent practicable, in a language that parents and guardians can understand; (ii) Include the USDA nondiscrimination statement; and (iii) Be provided in alternate formats for individuals with disabilities, as practicable. (3) All program information material should be provided by households' preferred method of contact, to the maximum extent practicable. (b) General requirements. (1) Establish procedures to ensure correct eligibility determinations; (2) Establish procedures to allow households to provide updated contact information for the purpose of receiving Summer EBT; and (3) Establish procedures to enable anyone who has been determined to be eligible for Summer EBT benefits to confirm their eligibility status and unenroll, or opt out, of the Program, if they do not want to receive benefits; and (4) Provide assistance to households that seek help in applying for benefits. (c) NSLP/SBP enrollment database. (1) Database elements. (i) Name; (ii) Date of birth; (iii) School/school district where enrolled; (iv) Mailing address; (v) Individual free or reduced price eligibility status, as applicable; and (vi) Any other information needed to issue benefits timely and with integrity. (2) Data use and confidentiality. (3) Data sharing across Summer EBT Programs. (d) Automatic enrollment with streamlined certification. (i)(A) Individually certified for free or reduced price school meals through the NSLP/SBP, per § 245.6 of this chapter; or (B) School aged and: ( 1 ( 2 ( 3 (ii) Not enrolled in a special provision school but are otherwise determined eligible for a free or reduced priced meal through the NSLP/SBP. (2) Summer EBT agency may enroll eligible children through streamlined certification who are members of a household receiving assistance under other means-tested programs, as approved by the Secretary. (3) Streamlined certification does not require further confirmation of school enrollment. (4) If an ITO, in consultation with FNS, determines that any element of automatic enrollment with streamlined certification is not feasible or is unnecessary based on available resources or circumstances to the population served, the ITO may submit a waiver request under § 292.3(h). (e) Enrollment by Summer EBT application. (i) Names of children and other household members; (ii) Amount, source, and frequency of income for each household member; and (iii) Signature of an adult household member, including electronic signatures, as described in § 292.13(h). (2) Confirmation of enrollment in an NSLP/SBP- participating school during the immediately preceding instructional year is required for children who apply by Summer EBT application. This can be accomplished by matching against the State or ITO-wide NSLP/SBP enrollment database, as required in paragraph (c) of this section, prior to benefit issuance. (3) Children who are not in an NSLP or SBP-participating school in the immediately preceding instructional year cannot be certified as eligible, and therefore cannot be deemed eligible for Summer EBT through submission of an application for Summer EBT benefits. (4) Summer EBT agencies are prohibited from requiring income documentation at the time of application. (f) Notice of approval Income applications. (2) Streamlined certification. (3) Households declining benefits. (4) Duplicate benefit issuance. (g) Denied applications and the notice of denial. (1) The specific reason or reasons for the denial of benefits, e.g., (2) Notification of the right to appeal; (3) Instructions on how to appeal; and (4) A statement reminding households that they may reapply for benefits at any time. (h) Appeals of denied benefits. (i) Confidential nature of streamlined certification information. § 292.13 Application requirements. (a) Statewide application. By 2025, the Summer EBT agency must make a Summer EBT application available to households whose children are enrolled in NSLP- or SBP-participating schools and who do not already have an individual eligibility determination. (b) Contracting application processes. Summer EBT agencies may not delegate to LEAs the responsibility of making a Summer EBT application available. However, a Summer EBT agency may contract with another entity into order to fulfill the requirement in this paragraph (b). (c) Household applications. (1) Preferred method of communication ( e.g., (2) Preferred contact information; (3) Preferred language of communication; (4) Preferred method of benefit issuance ( e.g., (5) Interest in receiving information about how to access other assistance program benefits ( e.g., (6) Membership in an ITO; and (7) Other program options where a household may have preferences, receipt of information that households may find useful, or information that would aid Summer EBT agencies in successful program implementation. (d) Understandable communications. (e) Availability of applications. (f) Timely certifications. (g) Deadline for applications. (h) Electronic applications. (i) Application content requirements. (1) Required income information. (i) The income received by each member identified by the household member who received the income or an indication which household members had no income; and (ii) The source of the income (such as earnings, wages, welfare, pensions, support payments, unemployment compensation, social security and other cash income). Other cash income includes cash amounts received or withdrawn from any source, including savings, investments, trust accounts, and other resources which are available to pay for a child's meals. (2) Household members. (3) Name of school where child is enrolled. (4) Mailing address. (5) Adult member's signature. (j) Attesting to information on the application. (k) Race and ethnicity. (l) Accompanying instructions. (m) Required statements for the application. (1) “The Richard B. Russell National School Lunch Act requires that we use information from this application to determine who qualifies for Summer EBT benefits. We can only approve complete forms. We may share your eligibility information with education, health, and nutrition programs to help them deliver program benefits to your household. Inspectors and law enforcement may also use your information to make sure that program rules are met. Some children qualify for Summer EBT without an application. Please contact your State or ITO to get Summer EBT for a foster child, and children who are homeless, migrant, or runaway.” (2) When either the Summer EBT agency or the LEA plans to use or disclose children's eligibility information for non-program purposes, additional information, as specified in § 245.6(h) of this chapter, must be added to this statement. State agencies and LEAs are responsible for drafting the appropriate statement. (3) The application must contain the USDA nondiscrimination statement for Child Nutrition Programs. (4) The Summer EBT agency must inform applicants and prospective applicants that a non-household member may be designated as the authorized representative for application processing purposes if they have difficulty completing the application process. (n) Calculating income. (o) Persons authorized to receive eligibility information. (p) Disclosure of all eligibility information in addition to eligibility status. (1) Persons directly connected with the administration or enforcement of programs authorized under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, or the Food and Nutrition Act of 2008. This means that all eligibility information obtained for the Summer EBT Program may be disclosed to persons directly connected with administering or enforcing regulations under the Summer EBT Program, National School Lunch or School Breakfast Programs (7 CFR parts 210 and 220, respectively), Child and Adult Care Food Program (7 CFR part 226), Summer Food Service Program (7 CFR part 225), the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) (7 CFR part 246), and the Supplemental Nutrition Assistance Program (SNAP) (7 CFR parts 271 through 285); (2) Federal, State, and local law enforcement officials for the purpose of investigating any alleged violation of the programs listed in § 292.16(b)(1)(iii); and (3) The Comptroller General of the United States for purposes of audit and examination. [88 FR 90355, Dec. 29, 2023, as amended at 90 FR 24508, June 11, 2025] § 292.14 Verification requirements. (a) Summer EBT applications are subject to the following verification requirements: (1) Verification for cause. (ii) The Summer EBT agency may verify an application for cause at any time during the instructional year or summer operational period, but verification must be completed within 30 days of receipt of the application. (iii) Applications verified for cause are not considered part of three (3) percent sample size described in paragraph (a)(2) of this section. (iv) Applications do not need to be selected for verification for cause during initial application processing. A Summer EBT agency may become aware of a questionable application after the initial certification was completed and benefits were issued. In this case, the Summer EBT agency must verify the application for cause at the time they learn of the questionable or conflicting information. (v) All verification procedures in this section must be followed for applications selected for verification for cause in the same manner as an application randomly selected as part of the sample described in paragraph (a)(2) of this section. (2) Verification sample. (ii) The sample size for the Summer EBT agency must equal three (3) percent of all applications approved by the Summer EBT agency from the start of the instructional year through April 1 of the school year immediately preceding the summer operational period, selected randomly from all applications. (3) Verification alternatives. (ii) Summer EBT agencies that intend to propose alternative procedures must include a detailed description of their plan in their POM submission. Proposals are subject to USDA approval. (b) Replacing applications. (c) Rolling verification sample selection. Summer EBT agencies may choose to conduct verification on a rolling basis, as long as the sample size requirements in paragraph (a)(3) of this section are met. (i)(A) Include in each sample pool only applications approved since the last sample was selected; and (B) Select three (3) percent of approved applications, as required by the sampling method, each time, but round down to the nearest whole number to prevent over-sampling. If rounding down results in a zero, no applications should be verified for the sample period, and the applications received in that sample period should be included in the next sample pool. (ii) Select the final sample on April 1. (A) Selecting only from the applications approved since the last sampling; (B) Summing the number of applications selected for verification to date (including the final, April 1 sample); and (C) Calculating three (3) percent of all applications approved as of April 1, and rounding up to the next whole number. (2) If the number of applications summed per paragraph (c)(1)(ii)(B) of this section is less than the three (3) percent calculated per paragraph (c)(1)(ii)(C) of this section, the Summer EBT agency must fill the remainder of the sample by selecting randomly from all applications. (3) Summer EBT agencies may choose to sample at any frequency prior to April 1, but may not sample any applications after April 1. (d) Verification after April 1. (e) Direct verification. (1) Direct verification must be conducted prior to contacting the household for documentation. (2) For the purposes of direct verification, documentation may indicate participation in an applicable program or income at any point during the period of eligibility. The information provided only needs to indicate eligibility at a single point in time during the period of eligibility, not that the child was eligible at the time of application or verification. (3) Summer EBT agencies must include in their POM submission all sources of administrative data that is intended to be used for direct verification. (f) Verification procedures and assistance for households Exceptions from verification. (2) Notification of selection. (i) They are required to submit the requested information to verify eligibility for Summer EBT benefits, by the date determined by the Summer EBT agency. (ii) They may, instead, submit proof that the children receive assistance under SNAP, FDPIR, TANF, or another means tested program, as approved by the Secretary. (iii) They may, instead, request that the Summer EBT agency contact the appropriate officials to confirm that their children are foster, homeless, migrant, or runaway. (iv) Failure to cooperate with verification efforts will result in the termination of benefits. (3) Sources of information. (i) Written evidence must be used as the primary source of information for verification. Written evidence includes written confirmation of a household's circumstances, such as wage stubs, award letters, and letters from employers. Whenever written evidence is insufficient to confirm income information on the application or current eligibility, the verifying agency may require confirmation from a person outside of the child's household, or accept a statement from an adult member of the child's household. (ii) Verbal confirmations of a household's circumstances by a person outside of the household may be made in person or by phone. The verifying official may select a person to contact if the household fails to designate one or designates one which is unacceptable to the verifying official. If the verifying official designates a person, contact must not be made without providing written or oral notice to the household. At the time of this notice, the household must be informed that it may consent to the contact or provide acceptable documentation in another form. If the household refuses to choose one of these options, its eligibility must be terminated in accordance with the normal procedures for failure to cooperate with verification efforts. Individuals outside of the child's household who can verify the child's circumstances could include but are not limited to: employers, social service agencies, school officials, and migrant agencies. (iii) Agency records to which the verifying agency may have access are not considered to be the same as a person outside of the child's household who can verify their circumstances. Information concerning income, household size, or SNAP, FDPIR, or TANF eligibility, maintained by other government agencies to which the verifying agency can legally gain access, must be used to confirm a household's income, size, or receipt of benefits, as applicable. Information may also be obtained from individuals or agencies serving categorically eligible children, as defined in § 292.2, including foster, homeless, migrant, or runaway children. (iv) Households which dispute the validity of income information acquired through an individual outside of the child's household or a system of records must be given the opportunity to provide other documentation. (4) Documentation timeframe. (5) Household cooperation. (6) Telephone assistance. (7) Follow-up attempts. (8) Eligibility changes. (i) Make appropriate modifications to the initial eligibility determinations. (ii) Notify the household of any change in eligibility as a result of verification. (iii)(A) The notice must advise the household of: ( 1 ( 2 ( 3 ( 4 ( 5 (B) Properly document and retain on file at the Summer EBT agency the reasons for ineligibility. (9) Issuance of benefits. (10) Timing of verification for continuous school calendars. (11) Verification after benefit issuance. (12) Nondiscrimination. [88 FR 90355, Dec. 29, 2023, as amended at 90 FR 24508, June 11, 2025] Subpart D—Issuance and Use of Program Benefits § 292.15 General standards. (a) Timing. (b) Continuous school calendar. (c) Benefit issuance Providing benefits to participants. (A) For children who can be streamline certified or who have an approved Summer EBT application on file, benefits must be issued and available for participants to use at least seven calendar days and not more than 14 calendar days before the start of the summer operational period. When the Summer EBT agency does not have sufficient data to issue a benefit to an eligible child, the agency must work to resolve the case and issue the benefit as expeditiously as possible. (B) For eligible children who apply after the summer operational period begins, benefits must be issued and available to spend not later than 15 operational days after a complete application is received by the Summer EBT agency, so that participants may use their benefits during the summer. (ii) If the Summer EBT agency issues benefits after the summer operational period, the Summer EBT agency must submit to FNS a corrective action plan outlining the reasons benefits were not issued in a timely manner, and steps the Summer EBT agency will take to ensure timely issuance in the future. (iii) The Summer EBT agency's issuance schedule does not need to align with the start of calendar months and may include staggered benefit issuance across multiple days. Regardless of the issuance schedule, Summer EBT agencies may only issue a full three months of benefits for the summer operational period. (iv) Children on applications that are selected for verification must not be issued benefits until verification is complete and eligibility is confirmed. Additional information about the verification requirements for Summer EBT applications can be found at § 292.14. (v) Summer EBT agencies must aid households with eligible children who do not reside in a permanent dwelling or have a fixed mailing address in obtaining Summer EBT benefits by assisting them in finding authorized representatives who can act on their behalf, or by using other appropriate means. (2) Method of issuance. (i) In the form of an EBT card; (A) Into an existing EBT account associated with an existing EBT card; or (B) Into a new EBT account associated with a new EBT card; (ii) Through other electronic methods, as determined by the Secretary; or (iii) In the case of a Summer EBT agency that does not issue nutrition assistance program benefits electronically, using the same methods by which that Summer EBT agency issues benefits under the nutrition assistance program of that State. (d) Dual participation. (2) Summer EBT agencies must develop procedures to detect and prevent dual participation across multiple States and/or ITOs, and must describe these procedures in their POMs, as explained in § 292.8(e)(9). (e) Benefit amount. (2) In Alaska, Hawaii, Guam, American Samoa, Puerto Rico, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands, the Secretary may establish appropriate adjustments for each such State to the national average payment rates to reflect the differences between the costs of foods in those States and the costs of foods in all other States. (3) Benefit amounts will be issued in an amount equal to the unrounded benefit amount from the prior year, adjusted to the nearest lower dollar increment to reflect changes to the cost of the diet described in section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)) for the 12-month period ending on November 30 of the preceding calendar year and rounded to the nearest lower dollar increment. Rates will be effective January 1 through December 31 of each year. (4) Summer EBT agencies may not prorate benefits for partial months and must issue the full three months of summer benefits to each eligible child. (f) Benefit allotments. (2) In providing benefit allotments Summer EBT agencies: (i) May stagger issuance throughout the month. (ii) Must establish an availability date for household access to their benefits and inform households of this date. (iii) Must issue the full benefit amount for all summer months to each eligible child who applies before the last day of the summer period, independent of the date of application submission or eligibility determination. (iv) Must adhere to the reporting requirements specified by USDA, regardless of the issuance schedule used. (g) Participant support Household training. (i) Content which will familiarize each eligible household with: (A) Where benefits can be used; (B) What benefits can be used to purchase; and (C) Unallowable uses of benefits, and penalties for misuse; (ii) The appropriate utilization and security of the personal identification number (PIN); (iii) The established procedures to provide customer service during non-business hours that enable participants or proxies to report a lost, stolen, or damaged card, report other card or benefit issues, receive information on the EBT food balance, and receive the current benefit end date; (iv) Eligibility criteria for the Program; (v) Written materials and other information, including the specific rights to benefits. This must include the USDA statement of non-discrimination. Written materials must be prepared at an educational reading level suitable for participant households; and (vi) Disclosure information regarding adjustments and a household's rights to notice, fair hearings, and provisional credits. The disclosure must also state where to call to dispute an adjustment and request a fair hearing. (2) EBT cards and PINs. (i) The Summer EBT agency must permit a Summer EBT eligible household to select their PIN. (ii) PIN assignment procedures must be permitted in accordance with industry standards as long as PIN selection is available to households if they so desire and households are informed of this option. (iii) If assigning a PIN by mail in conjunction with card issuance, Summer EBT agencies must mail the PIN separate from the card one business day after the card is mailed. (3) Adjustments. (i) May make adjustments to benefits posted to household accounts after the posting process is complete but prior to the availability date for household access in the event benefits are erroneously posted. (ii) Must make adjustments to an account to correct an auditable, out-of-balance settlement condition that occurs during the redemption process as a result of a system error. (4) Providing replacement EBT cards or PINs. (i) The Summer EBT agency must ensure a duplicate account is not established which would permit households to access more than one account in the system. (ii) An immediate hold must be placed on accounts at the time notice is received from a household regarding the need for card or PIN replacement. The Summer EBT agency must implement a reporting system which is continually operative. Once a household reports their EBT card has been lost or stolen, the agency must assume liability for benefits subsequently drawn from the account and replace any lost or stolen benefits to the household. The Summer EBT agency must maintain a record showing the date and time of all reports by households that their card is lost or stolen. (5) Providing replacement EBT benefits. (h) Expungement General expungement procedures (ii) No less than 30 days before benefit expungement is scheduled to begin, Summer EBT agencies must provide notice to the household of the expungement date and amount that is scheduled for expungement. (iii) Expunged benefits shall not be reinstated. (2) Procedures to adjust Summer EBT accounts. (i) Whenever benefits are expunged, the Summer EBT agency must document the date and amount of the benefits in the household case file. (ii) Issuance reports must reflect the adjustment to the Summer EBT agency issuance totals to comply with reporting requirements in § 292.23. (i) Expungement Procedures specific to States that administer the supplemental nutrition assistance program (SNAP). (2) Expunged benefits must be returned to the State's Summer EBT account and must not be co-mingled with SNAP funds. § 292.16 Issuance and adjustment requirements specific to States that administer SNAP. (a) Basic issuance requirements. (1) On-line issuance of electronic benefits. (2) Alternative benefit issuance system. (ii) The cost of documents or systems which may be required as a result of a permanent alternative issuance system must not be imposed upon retail food firms participating in the Program. (3) Contracting or delegating issuance responsibilities. (i) Any assignment of issuance functions must clearly delineate the responsibilities of both parties. The State Summer EBT agency remains responsible, regardless of any agreements to the contrary, for ensuring that assigned duties are carried out in accordance with these regulations. In addition, the State Summer EBT agency is strictly liable to FNS for all losses of benefits, even if those losses are the result of the performance of issuance, security, or accountability duties by another party. (ii) All issuance contracts must follow procurement standards set forth in § 292.27. (iii) The State Summer EBT agency must not assign the issuance of benefits to any retail food firm. (4) EBT system administration. (ii) The State Summer EBT agency must indicate how it plans to incorporate additional programs into the EBT system if it anticipates the addition of other public assistance programs concurrent with or after implementation of the EBT system. The State Summer EBT agency must also consult with the State agency officials responsible for administering the WIC prior to submitting the Planning APD for FNS approval. (5) Master issuance file. (ii) The master issuance file must be kept current and accurate. It must be updated and maintained through the use of documents such as notices of change and controls for expired certification periods. (iii) Before entering an eligible child's data on the master issuance file, the State Summer EBT agency must review the master issuance file to ensure that the child is not currently participating in, or disqualified from, the Program. (6) Shared responsibility of issuance activities. (7) Summer EBT monitoring, examinations, and audits. (8) Compliance investigations. (i) The State Summer EBT agency is required to provide software and telecommunications capability as necessary to FNS Retailer Investigation Branch Area offices, Regional offices, and Field offices so that FNS compliance investigators, other appropriate FNS personnel, and USDA OIG investigators have access to the system in order to conduct investigations of program abuse and alleged violations; and (ii) The State Summer EBT agency must ensure that FNS compliance investigators and USDA OIG investigators have access to EBT cards and accounts that are updated as necessary to conduct SNAP investigations. (9) Federal financial participation. (b) Disclosure. (i) Persons directly connected with the administration or enforcement of the provisions of section 13A of the Richard B. Russell National School Lunch Act, the Food and Nutrition Act of 2008, or regulations in this chapter, other Federal assistance programs, or federally-assisted State programs providing assistance on a means-tested basis to low income individuals; (ii) Employees of the Comptroller General's Office of the United States for audit examination authorized by any other provision of law; and (iii) Local, State, or Federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the NSLA, Food and Nutrition Act of 2008, or regulations in this chapter. The written request shall include the identity of the individual requesting the information and their authority to do so, violation being investigated, and the identity of the person on whom the information is requested. (2) Local educational agencies administering the National School Lunch Program established under the Richard B. Russell National School Lunch Act or the School Breakfast Program established under the Child Nutrition Act of 1966, for the purpose of directly certifying the eligibility of school-aged children for receipt of free and reduced price meals under the School Lunch and School Breakfast programs. (3) Recipients of information released under this section must adequately protect the information against unauthorized disclosure to persons or for purposes not specified in this section. (4) If there is a written request by a responsible member of the household, its currently authorized representative, or a person acting on its behalf to review material and information contained in its casefile, the material and information contained in the casefile shall be made available for inspection during normal business hours. However, the Summer EBT agency may withhold confidential information, such as the names of individuals who have disclosed information about the household without the household's knowledge, or the nature or status of pending criminal prosecutions. (5) Copies of regulations, plans of operation, State Summer EBT agency manuals, State Summer EBT agency corrective action plans, and Federal procedures may be obtained from FNS in accordance with 7 CFR part 295. (c) Program administration Automation of Summer EBT operations. (2) Requirements. (3) Court suit reporting State Summer EBT agency responsibility. ( 1 ( 2 ( 3 ( 4 (B) FNS may advise a Summer EBT agency to seek a settlement agreement of a court suit if the Summer EBT agency is being sued because it misapplied Federal policy in administering the Summer EBT Program. (C) State Summer EBT agencies shall notify FNS when court cases have been dismissed or otherwise settled. State Summer EBT agencies shall also provide FNS with information that is requested regarding the State Summer EBT agency's compliance with the requirements of court orders or settlement agreements. (4) Notification of lawsuits. (d) Procedures for program administration in Alaska Purpose. (2) Fee agents. Fee agent (3) Application processing. (4) Fee agent processing. (5) Application filing date. (6) Expedited service. (ii) If the signed application is submitted directly to the State Summer EBT agency in person by a rural resident or its authorized representative or by mail, the State Summer EBT agency shall process the application and issue benefits to households eligible for expedited service in accordance with the time standards contained in this part. (iii) If an incomplete application is submitted directly to the State Summer EBT agency by mail, the State Summer EBT agency shall conduct the interview by the first working day following the date the application was received if the fee agent can contact the household or the household can be reached by telephone or radio-phone and does not object to this method of interviewing on grounds of privacy. Based on information obtained during the interview, the State Summer EBT agency shall complete the application and process the case. Because of the mailing time in rural areas, the State Summer EBT agency shall not return the completed application to the household for signature. The processing standard shall be calculated from the date the application was filed. (7) Social Security insurance (SSI) joint processing. (8) Fair hearings, fraud hearings, and agency conferences. (e) Disqualification. (2) The penalties for intentional Summer EBT Program violations specified at § 273.16(b) of this chapter as well as the definition of intentional program violations at § 273.16(c) of this chapter are applicable to individuals 18 years of age or over who: (i) Allegedly committed an intentional Summer EBT Program violation; or (ii) Allegedly ordered, coerced, persuaded, encouraged, or otherwise induced a person under the age of 18 to commit an intentional Summer EBT Program violation. (3) Requirements for notifying households about disqualification penalties that are specified at § 273.16(d) of this chapter apply to Summer EBT. (4) Disqualification hearing procedures for individuals accused of intentional Program violation specified at § 273.16(e)(f) through (h) of this chapter also apply to Summer EBT. (5) Each State Summer EBT agency must report to FNS information concerning individuals disqualified for an intentional Program violation in accordance with § 273.16(i) of this chapter for Summer EBT. (6) In cases where the determination of intentional program violation is reversed by a court of appropriate jurisdiction, the State agency must reinstate the individual in the program if the household is eligible. (f) Restoration of lost benefits Entitlement. (A) The date the Summer EBT agency receives a request for restoration from a household; or (B) The date the Summer EBT agency is notified or otherwise discovers that a loss to a household has occurred. (ii) The Summer EBT agency must restore benefits which were found by any judicial action to have been wrongfully withheld. If the judicial action is the first action the recipient has taken to obtain restoration of lost benefits, then benefits must be restored for a period of not more than twelve months from the date the court action was initiated. When the judicial action is a review of a Summer EBT agency action, the benefits must be restored for a period of not more than twelve months from the first of the following dates: (A) The date the Summer EBT agency receives a request for restoration. (B) If no request for restoration is received, the date the fair hearing action was initiated; but (C) Never more than one year from when the Summer EBT agency is notified of, or discovers, the loss. (D) Benefits must be restored even if the child is currently ineligible. (2) Errors discovered by the Summer EBT agency. (3) Disputed benefits. (ii) If a household believes it is entitled to restoration of lost benefits but the Summer EBT agency, after reviewing the case file, does not agree, the household has 90 days from the date of the Summer EBT agency determination to request a fair hearing. The Summer EBT agency must restore lost benefits to the household only if the fair hearing decision is favorable to the household. Benefits lost more than 12 months prior to the date the Summer EBT agency was initially informed of the household's possible entitlement to lost benefits shall not be restored. (4) Lost benefits to individuals disqualified for intentional Program violation. (5) Method of restoration. (6) Accounting procedures. (g) Retailers. (h) Record retentions and forms of security. (1) Availability of records. (ii) In lieu of the records themselves, easily retrievable microfilm, microfiche, or computer tapes which contain the required information may be maintained. (2) Control of issuance documents. (3) Accountable documents. (A) Secure storage; (B) Access limited to authorized personnel; (C) Bulk inventory control records; (D) Subsequent control records maintained through the point of issuance or use; and (E) Periodic review and validation of inventory controls and records by parties not otherwise involved in maintaining control records. (ii) For notices of change which initiate, update or terminate the master issuance file, the State Summer EBT agency shall, at a minimum, provide secure storage and shall limit access to authorized personnel. (i) Benefit redemption by eligible households Eligible food. (2) Prior payment prohibition. (3) Transaction limits. (4) Access to balances. (ii) The Summer EBT agency must ensure that the EBT system is capable of providing a transaction history for a period of up to 2 calendar months to households upon request. (iii) Households must be provided printed receipts at the time of transaction. At a minimum this information must: (A) State the date, merchant's name and location, transaction type, transaction amount and remaining balance for the Summer EBT account; (B) Comply with the requirements of 12 CFR part 205 (Regulation E) in addition to the requirements of this section; and (C) Identify the Summer EBT households member's account number using a truncated number or coded transaction number. The child's name must not appear on the receipt except when a signature is required when utilizing a manual transaction voucher. (5) Equal treatment. (i) Retailers must not establish special checkout lanes which are only for Summer EBT households. If special lanes are designated for the purpose of accepting other electronic debit or credit cards and/or other payment methods such as checks, Summer EBT customers with EBT cards may also be assigned to such lanes as long as other commercial customers are assigned there as well. (ii) Checkout lanes equipped with POS devices shall be made available to Summer EBT households during all retail store hours of operation. (6) Households eligible for prepared meals Meals-on-wheels. (ii) Communal dining facilities. (iii) Residents of certain institutions. (B) Residents of shelters for battered women and children may use their Program benefits to purchase meals prepared especially for the participant at a shelter which is authorized by FNS to redeem benefits in accordance with paragraph (g) of this section. (iv) Homeless households. (B) Eligible homeless Summer EBT households may use their benefits to purchase meals for the participant from restaurants authorized by FNS for such purpose. (7) Allowable purchase of equipment for hunting and fishing. (8) Limiting hunting and fishing purchases to eligible households. (9) Container deposit fees. (j) Reconciliation. § 292.17 Retailer integrity requirements specific to States that administer SNAP. (a) Participation of retail food stores and wholesale food concerns, and redemption of Summer EBT benefits. (b) Firm eligibility standards. (1) The requirements described at § 278.1(b)(4) of this chapter regarding a collateral bond or irrevocable letter of credit for applicant firms with certain sanctions apply to applicant firms with sanctions imposed for violations involving Summer EBT benefits. The amount of the collateral bond or irrevocable letter of credit shall be calculated in accordance with § 278.1(b)(4)(i)(D) and shall also include the amount of Summer EBT benefit redemptions when calculating the average monthly benefit redemption volume. (2) Authorization shall be denied or withdrawn based on a determination by the Food and Nutrition Service (FNS) that a firm lacks or fails to maintain necessary business integrity and reputation, in accordance with the standards and time periods described at § 278.1(b)(3), (k)(3), and (l)(1)(iv) of this chapter. When making such determinations, FNS shall consider the criteria referred to in § 278.1(b)(3), (k)(3), and (l)(1)(iv) where the underlying activities involve Summer EBT benefits. (3) Firm authorization shall be denied or withdrawn for failure to pay any claims, fines, or civil money penalties in the manner described at § 278.1(k)(7) and (l)(1)(v) and (vi) of this chapter where such sanctions were imposed for violations involving Summer EBT benefits. (c) Penalties. (1) Disqualify a firm permanently, as described at § 278.6(e)(1)(i) of this chapter, for trafficking, as defined at § 284.1(b)(1) of this chapter, or impose a civil money penalty in lieu of permanent disqualification, as described at § 278.6(i) of this chapter, where such compliance policy and program is designed to prevent violations of the regulations in this section; (2) Disqualify a firm permanently, as described at § 278.6(e)(1)(ii) of this chapter, for any violation involving Summer EBT benefits committed by a firm that had already been sanctioned at least twice before under this section or 7 CFR part 278; (3) Disqualify the firm for 5 years, as described at § 278.6(e)(2)(v) of this chapter, or for 3 years, as described at § 278.6(e)(3)(iv) of this chapter, for unauthorized acceptance violations involving Summer EBT benefits, and impose fines, as described at § 278.6(m) of this chapter, for unauthorized acceptance violations involving Summer EBT benefits; (4) Disqualify the firm for 5 years in circumstances described at § 278.6(e)(2) of this chapter when the amount of redemptions, which shall also include the amount of Summer EBT redemptions, exceed food sales for the same period of time, as described at § 278.6(e)(2)(ii) through (iv); (5) Disqualify the firm for 3 years as described at § 278.6(e)(3)(ii) of this chapter for situations described at § 278.6(e)(2) of this chapter involving Summer EBT benefits; (6) Disqualify the firm for 1 year for credit account violations as described at §§ 278.6(e)(4)(ii) and 278.2(f) of this chapter, where such violations involve Summer EBT benefits; (7) Disqualify the firm for ineligibles violations for such circumstances and corresponding time periods as described at § 278.6(e)(2)(i), (e)(3)(i), (e)(4)(i), and (e)(5) of this chapter, where such violations involve Summer EBT benefits; (8) Double the appropriate period of disqualification for a violation, as described at § 278.6(e)(6) of this chapter, where such violation involves Summer EBT benefits, when the firm has once before been assigned a sanction under this section or 7 CFR part 278; (9) Issue a warning letter to the violative firm when violations are too limited to warrant a period of disqualification, as described at § 278.6(e)(7) of this chapter, where such violations involve Summer EBT benefits; (10) Impose a civil money penalty for hardship or transfer of ownership, as described at § 278.6(g) of this chapter, in amounts calculated using the described formula at § 278.6(g), which shall also include the relevant amount of Summer EBT redemptions when calculating the average monthly benefit redemptions; and (11) Impose a civil money penalty in lieu of permanent disqualification for trafficking as described at § 278.6(j) of this chapter in an amount calculated using the described formula at § 278.6(j), which shall also include the relevant amount of Summer EBT redemptions when calculating the average monthly benefit redemptions. (d) Claims. (e) Administrative and Judicial review. § 292.18 Requirements specific to States that administer Nutrition Assistance Program (NAP) programs. Summer EBT benefits issued by a Territory that administers the Nutrition Assistance Program in lieu of SNAP may only be used by the eligible household that receives such summer benefits to purchase eligible foods from retail food stores that have been approved for participation in the Nutrition Assistance Program in American Samoa, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands. States that administer NAP shall establish issuance and accountability systems which ensure that only certified eligible households receive Summer EBT benefits. § 292.19 Requirements specific to ITO Summer EBT agencies. (a) The ITO Summer EBT Agency must ensure that Summer EBT Program benefits are used by the eligible household that receives such benefits to transact for supplemental foods from retailers that have been approved for participation in the WIC Program. The ITO Summer EBT agency must: (1) Use the same benefit delivery model for all participants throughout its service area, in accordance with its FNS-approved POM: (i) For ITOs using a CVB-only benefit delivery model, issue a benefit level equal to the amount set forth in § 292.15(e); and (ii) For ITOs using a food package benefit delivery model, a combination CVB and food package benefit delivery model, or an alternate benefit delivery model, issue a benefit not to exceed the amounts set forth in § 292.15(e); (2) Ensure vendors charge prices for eligible food items which are reasonable for the area(s) served and are at the current price or less than the current price charged to other customers. Vendors may not charge Summer EBT participants more for an item than the price in the retail environment for all other customers; (3) Provide participants supplemental foods deemed eligible for Summer EBT via an FNS-approved POM. Supplemental foods authorized for the WIC Program by the applicable WIC ITO must meet the requirements set forth in this paragraph (a)(3). The POM must identify a list of supplemental foods that: (i) Contain nutrients determined by nutritional research to be lacking in the diets of children, and promote the health of the population served by the program, as indicated by relevant nutrition science, public health concerns, and cultural eating patterns; and (ii) Do not include infant formula and infant foods. (b) ITO Summer EBT procedures and operations related to basic issuance requirements, reconciliation, benefit redemption, and functional and technical EBT system requirements, should be consistent with WIC regulations at § 246.12 of this chapter as applicable to the benefit delivery model used, to the extent such requirements do not conflict with the requirements set forth for ITO Summer EBT agencies in this part. (c) To ensure effective vendor integrity, the ITO Summer EBT agency must set forth a system which ensures: (1) Requirements and restrictions on the participation of vendors and the transaction of food benefits described at § 246.12 of this chapter, apply to activities involving Summer EBT benefits; and (2) Vendors are subject to the actions and penalties described at § 246.12 of this chapter for noncompliance or violations involving Summer EBT benefits; and (3) The standards for determination and disposition of claims against vendors described at § 246.12 of this chapter apply to Summer EBT benefits; or (4) Set forth an alternate system to ensure effective vendor management and vendor integrity. Subpart E—General Administrative Requirements § 292.20 Payments to Summer EBT agencies and use of administrative program funds. (a) General requirements for grant awards. (b) Program benefit funds. (c) State administrative funds. i.e., (d) Applicable terms and conditions on grant awards. (e) Use of State administrative funds Matching funds. (i) Charges reported on a cash or accrual basis by the Summer EBT agency as project costs. (ii) Project costs financed with cash contributed or donated to the Summer EBT agency. (iii) Project costs represented by services and real or personal property donated to the Summer EBT agency. (2) Cash and in-kind contributions. (i) Are verifiable; (ii) Are not contributed for another federally assisted program, unless authorized by Federal legislation; (iii) Are necessary and reasonable for accomplishment of project objectives; (iv) Are charges that would be allowable under this part; (v) Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; and (vi) Are in the approved budget. (f) Volunteer services. (g) Recovery of funds. (h) Substantiation and reconciliation process. § 292.21 Standards for financial management systems. (a) General. (b) Responsibilities. (1) Accurate, current, and complete disclosure of the financial results of program activities in accordance with Federal reporting requirements in § 292.23. (2) Records which identify the source and application of funds for FNS or Summer EBT agency activities supporting the administration of the Program. These records must show authorizations, obligations, unobligated balances, assets, liabilities, outlays and income of the Summer EBT agency, its sub-agencies and agents. (3) Records which identify unallowable costs and offsets resulting from FNS or other determinations and the disposition of these amounts. Accounting procedures must be in effect to prevent a Summer EBT agency from claiming these costs under ongoing program administrative cost reports. (4) Effective control and accountability by the Summer EBT agency for all program funds, property, and other assets acquired with program funds. Summer EBT agencies must adequately safeguard all such assets and must assure that they are used solely for program-authorized purposes unless disposition has been made in accordance with paragraph (b)(3) of this section. (5) If necessary, Summer EBT agencies will be expected to complete an Automated Standard Application for Payment (ASAP) setup form so that FNS may set up a Letter of Credit by which Summer EBT funds will be made available. (6) Controls which minimize the time between the receipt of Federal funds from the United States Treasury and their disbursement for program costs. In the Letter of Credit system, the Summer EBT agency must make drawdowns from the U.S. Treasury through a U.S. Treasury Regional Disbursing Office as nearly as possible to the time of making the disbursements. (7) Procedures to determine the reasonableness, allowability, and allocability of costs in accordance with the applicable provisions prescribed in 2 CFR part 200, subpart D, and USDA implementing regulations in 2 CFR parts 400 and 415. (8) Support and source documents for costs. (9) An audit trail including identification of time periods, initial and summary accounts, cost determination and allocation procedures, cost centers or other accounting procedures to support any costs claimed for program administration. (10) Periodic audits by qualified individuals who are independent of those who maintain Federal program funds as prescribed in § 292.24(a). (11) Methods to resolve audit findings and recommendations and to follow up on corrective or preventive actions. (12) The standards in this paragraph (b) also apply to subagencies, or contractors involved with program funding. (13) Identification in Summer EBT agency accounts of all Federal awards received and expended and the Federal programs under which they were received. Federal program and Federal award identification must include, as applicable, the Assistance Listings title and number, Federal award identification number and year, name of the Federal agency, and name of the pass-through entity, if any. § 292.22 Performance criteria. The Summer EBT agency must monitor and document data on each of the following performance criteria: (a) Performance Criteria 1—Percentage of children eligible for Summer EBT benefits who participated by using their benefits at least once. (b) Performance Criteria 2—Percentage of Summer EBT benefits that are issued to children not eligible for Summer EBT. (c) Performance Criteria 3—Percentage of children issued benefits who receive their first issuance before the start of the summer operational period. (d) Performance Criteria 4—Percentage of eligible children who can be identified through streamlined certification who are enrolled without further application. § 292.23 Records and reports. (a) Summer EBT agencies and LEAs may retain necessary records in their original or electronic form. (b) Summer EBT agency records must be retained for a period of 3 years after the date of submission of the final Financial Reports for the fiscal year. If audit and investigation findings have not been resolved, the records must be retained beyond the 3-year period as long as is required for the resolution of the issues raised by the audit or investigation. (c) Summer EBT agencies receiving Federal awards will be required to submit periodic financial management planning and reporting documentation in the Food Program Reporting System (FPRS), on standard schedules that will be announced annually. (d) For Summer EBT Administrative Grants, Summer EBT agencies will be required to submit an expenditure plan for State expenditure planning by August 15th, prior to the beginning of each fiscal year. Regional approval for those documents will set funding levels for the Summer EBT agency. These documents may be amended on a rolling basis throughout the year as agency needs evolve. (e) State Administrative Grant expenditures will be reported to FNS quarterly on a Summer EBT financial status report. (f) Summer EBT agencies must report participation and issuance on a monthly basis. § 292.24 Audits and management control evaluations. (a) Audits. (1) Make audits on a State or ITO-wide basis; (2) Perform on-site test audits; and (3) Review audit reports and related working papers of audits performed by or for Summer EBT agencies. (b) Management control evaluations. (c) Error reduction strategies. § 292.25 Investigations. The Summer EBT agency must promptly investigate complaints received or irregularities noted in connection with the operation of the Program and must take appropriate action to correct any irregularities. The Summer EBT agency must maintain on file all evidence relating to such investigations and actions. The Summer EBT agency must inform the appropriate FNSRO of any suspected fraud or criminal abuse in the Program which would result in a loss or misuse of Federal funds. The Department may make investigations at the request of the Summer EBT agency, or where the Department determines investigations are appropriate. § 292.26 Hearing procedure for families and Summer EBT agencies. (a) Each Summer EBT agency must establish a fair hearing procedure that is applicable to the State or ITO program as a whole. Fair hearing procedures must: (1) Allow a household to appeal, within 90 days after the end of the summer operational period, a decision made with respect to: (i)(A) An application the household has made for Summer EBT benefits; (B) A streamlined certification for Summer EBT benefits; or (C) A verification process or procedure. (ii) Any adverse action taken against the household by the Summer EBT agency. (2) Require the State to provide a household with back-benefits for Summer EBT if the fair hearing determines that the Summer EBT agency erroneously failed to issue such benefits in the correct amount to an eligible family, an administrative disqualification for intentional Program violation was subsequently reversed, or if there is a statement elsewhere in this part specifically stating that the household is entitled to restoration of lost benefits. (b) In response to an appeal, the Summer EBT agency may defend its initial decision to deny the eligibility of the child for Summer EBT benefits or take an adverse action against a household. The fair hearing procedure must provide for both the household and the Summer EBT agency: (1) A simple, publicly announced method to make an oral or written request for a hearing; (2) An opportunity to be assisted or represented by an attorney or other person; (3) An opportunity to examine, prior to and during the hearing, any documents and records presented to support the decision under appeal; (4) That the hearing must be held with reasonable promptness and convenience, and that adequate notice must be given as to the time and place of the hearing; (5) An opportunity to present oral or documentary evidence and arguments supporting a position without undue interference; (6) An opportunity to question or refute any testimony or other evidence and to confront and cross-examine any adverse witnesses; (7) That the hearing must be conducted and the decision made by a hearing official who did not participate in making the decision under appeal or in any previously held conference; (8) That the decision of the hearing official must be based on the oral and documentary evidence presented at the hearing and made a part of the hearing record; (9) That the parties concerned and any designated representative must be notified in writing of the decision of the hearing official; (10) That a written record must be prepared with respect to each hearing, which must include the challenge or the decision under appeal, any documentary evidence and a summary of any oral testimony presented at the hearing, the decision of the hearing official, including the reasons therefor, and a copy of the notification to the parties concerned of the decision of the hearing official; and (11) That the written record of each hearing must be preserved for a period of 3 years and must be available for examination by the parties concerned or their representatives at any reasonable time and place during that period. (12) That the household may request a conference to provide the opportunity for the household to discuss the situation, present information, and obtain an explanation of the data submitted in the application or the decision rendered. The request for a conference must not in any way prejudice or diminish the right to a fair hearing. The Summer EBT agency must promptly schedule a fair hearing, if requested. (13) Any communication with households related to fair hearings must be in an understandable and uniform format and, to the maximum extent practicable, in a language that parents and guardians can understand. § 292.27 Claims. (a) Basis for claims. (1) Benefits issued to ineligible children or in the incorrect amount. (2) Duplicate benefit issuances, including situations where the Summer EBT agency allows an eligible household to access more than one Summer EBT account for the same time period, or an eligible household receives program benefits from more than one State or ITO for the same time period. (b) Claims against Summer EBT agencies. (2) Summer EBT agencies must develop a process to allow households to submit a claim for benefits that were not issued or issued in the incorrect amount. (c) Claims against households. (2) Summer EBT agencies have the discretion to determine when to pursue a claim based on cost effectiveness or the individual circumstances. To the maximum extent practicable, Summer EBT agencies should limit claims against households to situations where there is evidence that the household knowingly obtained benefits through fraudulent activities. (i) Summer EBT agencies must include in their POM submission a proposed plan for identifying instances of fraudulent activity for use in pursuing claims against households. (ii) Procedures described in paragraph (c)(2)(i) of this section must outline steps the Summer EBT agency will take to ensure that Civil Rights provision at § 292.29(a) are upheld. (3) Summer EBT agencies must not reclaim Summer EBT benefits by reducing a household's SNAP, NAP, or WIC benefit. § 292.28 Procurement standards. (a) Applicability of the Advance Planning Document (APD) process. (b) General requirements on the procurement of goods and services with Federal funds. (c) Contractual responsibilities. (d) Procedures. § 292.29 Miscellaneous administrative provisions. (a) Civil rights. (b) Program evaluations. (c) General responsibilities. et seq. § 292.30 Severability. Any provision of this part held to be invalid or unenforceable as applied to any person or circumstance shall be construed so as to continue to give the maximum effect to the provision permitted by law, including as applied to persons not similarly situated or to dissimilar circumstances, unless such holding is that the provision of this part is invalid and unenforceable in all circumstances, in which event the provision shall be severable from the remainder of this part and shall not affect the remainder thereof. § 292.31 [Reserved]

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