[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5699 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5699
To award grants to school food authorities for the purchase of
equipment for school meal programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 8, 2016
Ms. Moore (for herself and Mr. Pocan) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To award grants to school food authorities for the purchase of
equipment for school meal programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Serve More Kids Act''.
SEC. 2. NATIONAL SCHOOL BREAKFAST AND LUNCH PROGRAM EQUIPMENT
ASSISTANCE GRANTS.
(a) In General.--From the amounts appropriated under subsection
(f), the Secretary of Agriculture shall make grants, on a competitive
basis, to authorized State agencies to enable such agencies to award
subgrants to school food authorities for the purchase of equipment for
schools under the jurisdiction of such authorities.
(b) Application.--To receive a grant under subsection (a), an
authorized State agency shall submit an application to the Secretary of
Agriculture, at such time, in such manner, and containing such
information as the Secretary may require.
(c) Priority.--In awarding grants under subsection (a) to
authorized State agencies, the Secretary shall give priority to
authorized State agencies that demonstrate the following:
(1) The potential to reduce hunger and food insecurity
among children in the State, especially among those children
eligible for free and reduce school meals under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773) or the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
including through increasing the number of schools that
participate in the school breakfast and lunch programs under
such Acts.
(2) The proposed grant activities will serve underserved
populations, including children in rural and tribal
communities, and children eligible for such free and reduced
school meals.
(3) Credible and effective efforts in the State to
encourage the operation of the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
in all schools in the State, such as a State law to eliminate
the reduced price meal category in the school meals programs
under such Act and the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.) and a demonstration that the grant
under this section will be targeted to help schools that adopt
or will adopt in the upcoming school year the community
eligibility provision under section 11(a)(1)(F) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1759(a)(1)(F))
or other efforts to eliminate barriers to participation in such
school meal programs.
(d) Administrative Costs.--An authorized State agency receiving a
grant under subsection (a) may not use more than 3 percent of such
grant for administrative costs associated with awarding subgrants to
school food authorities in accordance with this section.
(e) Subgrants to School Food Authorities.--
(1) In general.--Not later than 180 days after receiving an
grant under subsection (a), an authorized State agency shall
award subgrants, on a competitive basis, to school food
authorities.
(2) Application.--To qualify to receive a subgrant under
this subsection, a school food authority shall submit an
application to the authorized State agency involved at such
time, in such manner, and containing such information as the
State agency may require, which shall outline how the subgrant
will carry out the uses of funds under paragraph (4).
(3) Priority.--In awarding subgrants to school food
authorities, an authorized State agency shall give priority to
school food authorities whose applications demonstrate that, in
providing equipment assistance to schools under this section,
such authorities will give priority to schools--
(A) in which not less than 75 percent of the
enrolled students are eligible for free or reduced
price meals under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773) or the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.);
(B) that will use the grants funds to implement or
expand service methods that increase participation in
the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773), such as
serving breakfast in the classroom or having a school
breakfast cart; and
(C) that participate in both the school lunch and
school breakfast programs under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773), respectively.
(4) Uses of funds.--Under terms and conditions established
by the Secretary, a school food authority receiving a subgrant
under this subsection shall use such funds to purchase new
equipment, or renovate or replace existing equipment that
assist in--
(A) improving the nutrition and quality of school
meals under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) or the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.); and
(B) increasing participation in the school
breakfast program under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773), especially by
children eligible for free and reduced priced meals
under such section (42 U.S.C. 1773) or the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
(f) Funding.--There are authorized to be appropriated to carry out
this section such sums as may be necessary for each of fiscal years
2017 through 2021.
SEC. 3. COMMODITY ASSISTANCE FOR SCHOOL BREAKFAST PROGRAM.
Section 6 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1755) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Commodity Assistance for School Lunch and Breakfast
Programs.--Not later than September 30 of the following school year,
the Secretary shall deliver to each State participating in--
``(1) the school lunch program established under this Act,
commodities valued at the total level of assistance authorized
under subsection (c) for each school year for the school lunch
program in the State; and
``(2) the school breakfast program established under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
commodities valued at the total level of assistance authorized
under subsection (d) for each school year for the school
breakfast program in the State.''; and
(2) by striking subsection (d) and inserting the following:
``(d) Value of Donated Foods for School Breakfast Program.--
``(1) In general.--Subject to paragraph (2), in the case of
the school breakfast program established under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the value of
donated foods shall be 10 cents.
``(2) Adjustment.--
``(A) In general.--The value of donated foods under
paragraph (1) shall be adjusted on July 1, 2017, and
each July 1 thereafter, to reflect changes in the Price
Index for Food Used in Schools and Institutions.
``(B) Food components.--
``(i) In general.--The Index shall be
computed using 5 major food components of the
Producer Price Index of the Bureau of Labor
Statistics (cereal and bakery products, meats,
poultry and fish, dairy products, processed
fruits and vegetables, and fats and oils).
``(ii) Weighting.--Each component shall be
weighed using the same relative weight as
determined by the Bureau of Labor Statistics.
``(C) Time period.--The value of food assistance
for each meal shall be adjusted each July 1 by the
annual percentage change in a 3-month average value of
the Price Index for Foods Used in Schools and
Institutions for March, April, and May each year.
``(D) Rounding.--The adjustment shall be computed
to the nearest \1/4\ cent.
``(3) Calculation.--
``(A) In general.--Subject to subparagraph (B), for
each school year, the total amount of commodity
assistance, or cash in lieu of commodity assistance,
available to a State for the school breakfast program
shall be the product obtained by multiplying--
``(i) the number of breakfasts served in
the preceding school year; by
``(ii) the rate established under
paragraphs (1) and (2).
``(B) Reconciliation.--After the end of each school
year, the Secretary shall--
``(i) reconcile the number of breakfasts
served by schools in each State with the number
of breakfasts served by schools in each State
during the preceding school year; and
``(ii) increase or reduce subsequent
commodity assistance, or cash in lieu of
commodity assistance, provided to each State
based on the reconciliation.''.
SEC. 4. VERIFICATION.
Section 9(b)(3)(D) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(b)(3)(D)) is amended by adding at the end the
following:
``(vi) Waiver or modification.--The
Secretary may waive or modify, for one-year
periods, the sample size numerical requirements
in clause (iii) or (iv) for each local
educational agency that demonstrates to the
Secretary's satisfaction that such requirement
would result in an increase in the number of
eligible children losing access to benefits or
have a disproportionate and adverse impact on
vulnerable populations such as migrants and
homeless youth. In issuing such a waiver or
modification, the Secretary shall consult with
the State agency involved to ensure the
integrity of the application process, and shall
consult with the applicable local educational
agency to devise an alterative method of
verifying the eligibility of children for free
or reduced price meals for such local
educational agency.''.
SEC. 5. SUMMER MEALS PROGRAM.
(a) Waivers.--Section 13 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1761) is amended--
(1) in subsection (n)--
(A) by striking ``and'' at the end of paragraph
(5); and
(B) by striking the period at the end of paragraph
(6) and inserting the following: ``; and (7) the
State's plan to educate each eligible service
institution in the State about the waiver authority
under subsection (s), to develop and carry out a
process for any service institution to inform the State
that such institution is seeking such waiver and the
process for State approval of such waiver, to provide
oversight of each institution granted such waiver,
including how the State intends to conduct such
oversight (including site visits, documentation, and
recordkeeping that will be used to ensure that program
requirements are being met by such institution), and
how the State will ensure that such institution
monitors and ensures food safety and that all meal
counting, claiming, and monitoring and oversight
requirements of the program continue to be carried out
by such institution''; and
(2) by adding at the end the following new subsection:
``(s) Waivers.--
``(1) In general.--Notwithstanding any other provision of
this section, the Secretary may grant a request to allow
children participating in the program to consume meals off-
site, due to--
``(A) the presence of extreme weather conditions
(such as excess heat) which makes serving meals at the
site impractical or unsafe;
``(B) violence or other public safety concerns at
or near such site that raise concerns about the ability
of children to safely travel to or congregate at the
site;
``(C) efforts to support innovative meal delivery
methods to address transportation barriers and low
program participation in rural areas; or
``(D) other circumstances that makes access to or
service at the site impractical or unsafe, as defined
by the Secretary.
``(2) Application to request waiver.--
``(A) In general.--A service institution's
application to request a waiver described in paragraph
(1) shall--
``(i) be reviewed by the appropriate State
agency;
``(ii) if upon review under clause (i),
such State agency has an objection described in
subparagraph (B) to the waiver request, note
such objection; and
``(iii) be submitted to the Secretary by
the State agency.
``(B) Objections.--A State may object to a waiver
request under subparagraph (A) of a service institution
if the objection is based on health, safety, program
integrity concerns related to the provision of meals
under the program at a location other than the
congregate feeding site operated by such institution,
or if the waiver would have an adverse effect on
participation at congregate feeding sites nearby.
``(3) Final regulations.--Not later than March 1, 2017, the
Secretary shall promulgate final regulations, with an
opportunity for notice and comment, for approval of the waivers
under this subsection. Such regulations shall describe--
``(A) the circumstances in which a waiver may be
granted, including standards for how long a waiver
should last, and how and when a waiver may be extended;
``(B) the oversight responsibilities of State
agencies;
``(C) the approval process used to accept and
review requests for a waiver under this subsection;
``(D) how the Secretary will ensure that the waiver
authority protects participation levels at nearby
congregate feeding sites not subject to the waiver,
program integrity and ensures food safety including any
associated recordkeeping requirements for State
agencies service institutions;
``(E) guidance to States and service institutions
on how to provide oversight of the program once a
waiver under this subsection is granted; and
``(F) acceptable data sources for use in helping
States and the Secretary determine whether the various
criteria exist for approving waiver requests under this
subsection.
``(4) Limitations.--In granting a waiver request under
paragraph (1), the Secretary shall ensure that--
``(A) such requests are effective only between the
months of May through September;
``(B) consider support of the appropriate State
agency for the waiver request, including any objections
raised;
``(C) the institution outlines the circumstances
under which the institution would resume regular
congregate feeding and how the institution would do so;
``(D) there is a process to appeal the denial of
waivers;
``(E) any service institution providing off-site
meals delivered directly to a child's home complies
with background check requirements developed by the
Secretary in consultation with the Department of
Justice and develops a system for families to opt in or
out of participation in the program adopted pursuant to
a waiver;
``(F) the waiver contributes to overall efforts to
increase participation in the summer food service
program authorized by this section and reduce childhood
hunger over the summer for low-income children eligible
for free or reduced price school meals in the State in
which the applicant is located, and would not adversely
impact participation at nearby congregate feeding
sites; and
``(G) any waivers granted for the entire period
between May through September shall limit meal service
to children who meet the eligibility requirements for
free or reduced price meals, as determined under this
Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
``(5) Evaluations.--
``(A) In general.--The Secretary shall provide for
regular evaluations on the impact of waivers granted
under this subsection on program participation.
``(B) Requirements.--Such evaluations shall--
``(i) assess the use of waivers;
``(ii) describe whether the waivers
resulted in improved services to children; and
``(iii) describe the impact of the waivers
on improving nutrition and food security among
participants.
``(C) Funding.--
``(i) In general.--On October 1, 2018, out
of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury
shall transfer to the Secretary of Agriculture
to conduct the evaluations required by this
paragraph, $2,000,000, to remain available
until expended.
``(ii) Receipt and acceptance.--The
Secretary of Agriculture shall be entitled to
receive, shall accept, and shall use to carry
out this paragraph the funds transferred under
clause (i), without further appropriation.''.
(b) Pilot Program for Third Meal in Summer Food Service Program.--
Section 13 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1761) is further amended by amending subsection (b)(2)--
(1) by striking (A) and inserting (i);
(2) by striking (B) and inserting (ii);
(3) by striking ``(2) Any'' and inserting the following:
``(2) Number of meals served.--
``(A) In general.--Any''; and
(4) by adding at the end the following:
``(B) Pilot project.--
``(i) In general.--For a period determined
by the Secretary, a service institution that
meets the requirements of clause (ii) may serve
3 meals, or 2 meals and 1 supplement, during
each day of operation during such period.
``(ii) Eligible service institutions.--A
service institution is eligible under clause
(i), if the service institution meets the
requirements of clauses (i) and (ii) of
subparagraph (A), but is not a camp.
``(iii) Priority.--In selecting States to
participate under this subparagraph, the
Secretary shall give priority to--
``(I) States that have committed
additional resources to effectively
address childhood food insecurity,
especially during the summer months;
``(II) States where a third meal
has been previously provided in the
summer through collaborations with the
private and nonprofit sectors and using
non-Federal resources;
``(III) States that have a high
rate of participation in the summer
food service program for children
authorized by this section (compared to
participation in the school lunch
program) by those students eligible for
free and reduce priced lunch as
measured by average daily participation
rates over the preceding three years;
and
``(IV) States that have had an
increase in meals served through the
summer meals program in the previous
three years.
``(iv) Evaluation of pilot project.--
``(I) In general.--Not later than
September 30, 2020, the Secretary
shall--
``(aa) conduct an
evaluation of the pilot project
carried out under this
subparagraph, and provide
recommendations on whether to
provide a third meal nationwide
under the program under this
section; and
``(bb) submit a report of
such evaluation and
recommendations to the
Committee on Education and the
Workforce of the House of
Representatives and the
Committee on Agriculture,
Nutrition, and Forestry of the
Senate.
``(II) Content.--An evaluation
under subclause (I)(aa) shall
describe--
``(aa) the impact in
participation by children and
service institutions in the
program under this section in
the State in which the pilot
project was carried out;
``(bb) an assessment of the
meals and supplements served in
the State in which the pilot
project is carried out;
``(cc) any effect of an
additional meal on food
insecurity among the
participating children; and
``(dd) any effect of the
pilot project on program
integrity.''.
SEC. 6. WIC.
(a) Section 17 of the Childhood Nutrition Act of 1966 (42 U.S.C.
1786) is amended--
(1) in the section heading, by inserting ``public health''
after ``special supplemental'';
(2) by striking ``supplemental food'' each place it appears
and inserting ``nutritious supplemental food'';
(3) by striking ``nutrition education'' each place it
appears and inserting ``nutrition counseling education'';
(4) in subsection (a)--
(A) by striking ``up to the authorization levels
set forth in subsection (g) of this section''; and
(B) by striking ``an adjunct'' and inserting ``a
gateway and adjunct'';
(5) in subsection (b)--
(A) in paragraph (1), by striking ``one year'' and
inserting ``two years''; and
(B) in paragraph (10), by striking ``six months''
and inserting ``two years'';
(6) in subsection (d)(3)(A)--
(A) by amending clause (ii) to read as follows:
``(ii) Breastfeeding women.--A State may
elect to certify a breastfeeding woman for a
period of 2 years postpartum.''; and
(B) by adding at the end the following:
``(iv) Infants.--A State may elect to
certify infants for a period of 2 years.
``(v) Postpartum women.--A State may elect
to certify a postpartum woman for a period of 2
years, beginning on the day after the woman
gives birth.'';
(7) in subsection (f)--
(A) in paragraph (1)(C)(vii), by inserting ``, or
who are members of the Armed Forces and eligible for
the program'' after ``rural areas''; and
(B) in paragraph (7)(A), by inserting ``eligible
members of the Armed Forces'' after ``Indian tribal
organizations,'';
(8) in subsection (h)--
(A) in paragraph (4)(C)--
(i) in clause (i)--
(I) by inserting ``annual'' before
``performance bonus payment'';
(II) by striking ``15'' and
inserting ``5''; and
(III) by striking ``program--'' and
all that follows through the period at
the end of subclause (II) and inserting
``the highest proportion of breast-fed
infants participating in the program,
compared to all fully breastfed infants
in the State.'';
(ii) by striking clause (ii);
(iii) by redesignating clause (iii) as
clause (ii);
(iv) in clause (ii)(II), as so
redesignated, by striking ``may'' and inserting
``shall''; and
(v) by inserting after clause (ii), as so
redesignated the following:
``(iii) Additional annual performance bonus
payments.--The Secretary shall provide annual
performance bonus payments to not more than 10
State agencies that demonstrate, as compared to
other State agencies participating in the
program, the greatest year to year improvement
in proportion of breast-fed infants
participating in the program.''; and
(B) in paragraph (10)(B), by amending clause (iii)
to read as follows:
``(iii) $180,000,000 shall be used for
special nutrition education such as
breastfeeding peer counselors and other related
activities.''; and
(9) by adding at the end the following new subsection:
``(r) Reports and Review.--
``(1) Secretary.--The Secretary shall--
``(A) annually report to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry
of the Senate, with respect to the preceding fiscal
year--
``(i) the number of WIC clinics that have
closed or consolidated;
``(ii) any reduction in State or local WIC
agency staffing;
``(iii) any reduction in service hours for
WIC clinics in areas identified in the State's
most recent affirmative action plan submitted
under section 246.4 of title 7, Code of Federal
Regulations (or successor regulations); and
``(iv) the information reported by each
State agency under paragraph (2);
``(B) not later than July 1, 2021, submit a report
to the Committees referred to in subparagraph (A) that
assesses the impact of reductions described in clauses
(i) through (iii) of subparagraph (A) on access to the
program, including any gaps in the collection of
information regarding such reductions, and waitlists by
State and local agencies, and recommendations to help
improve such data collection nationwide; and
``(C) undertake efforts to ensure that services
under the program are available to members of the Armed
Forces who are eligible for the program, and encourage
the Department to provide best practices and technical
assistance to States to improve servicemembers' access
to the program, with an emphasis on those States where
WIC clinics are located on a military base or within 15
miles of a military base.
``(2) State agencies.--Each State agency participating in
the program under this section shall, on an annual basis,
report to the Secretary on the number of participants who are
members of the Armed Forces.
``(3) Definition.--For purposes of this subsection, the
term `WIC clinic' has the meaning given the term in section
246.2 of title 7, Code of Federal Regulations (or successor
regulations).''.
SEC. 7. REAUTHORIZATION OF GRANTS FOR EXPANSION OF SCHOOL BREAKFAST
PROGRAMS.
Section 23 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) is amended--
(1) in subsection (e)(2), by striking all that follows
after ``have adopted'' and inserting the following: ``or will
adopt in the upcoming school year a universal free breakfast
program, or that have considered or intend to establish,
service methods that make breakfast a part of the school
day.''; and
(2) in subsection (j)--
(A) by striking ``such sum as necessary'' and
inserting ``$25,000,000''; and
(B) by striking ``2015'' and inserting ``2020''.
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