Sec. 106. Summer food service program for children
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Section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ) is amended— in subsection (a)— in paragraph (4), by adding at the end the following: In determining participation under subparagraph (A), the State shall prioritize applications that include an educational or enrichment activity, or demonstrate a partnership with an entity providing such activity. ; by amending paragraph
(8)to read as follows: Except as otherwise determined by the Secretary, a service institution that is a public or private nonprofit school food authority may provide summer or school vacation food service in accordance with applicable provisions of law governing the school lunch program established under this Act or the school breakfast program established under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). Notwithstanding subsections (b)(2) and (c)(1), a State may elect to streamline and simplify program operations by reducing paperwork and other administrative burdens while retaining appropriate measures of program integrity, which may include the utilization of technical assistance provided to the State under clause
(iv)for service institutions that— are described in paragraphs
(6)or (7); provide care to at-risk school children (as defined in section 17(r)(2)), and may be eligible child care centers or homes (as defined under section 17(a)(2)); and are not public schools. States that demonstrate streamlined and simplified program operations under clause
(i)for service institutions, and that are selected by the Secretary under clause (v), shall streamline reimbursement for such service institutions by providing reimbursement for— lunch and either breakfast or a supplement served to at-risk school children— during each day of operation during the months of May through September; and in the case of a service institution that provides meal service to such children who are not in school for a period during the school year due to a natural disaster, building repair, court order, or similar cause, at any time during such period in that school year; and up to 1 meal and 1 supplement served to children during each day of operation outside of school hours during the regular school calendar, including after school, weekends, and school holidays. The State shall reimburse service institutions seeking reimbursement under this subparagraph at a rate that is consistent with section 17(r)(4)(B). Not later than December 31, 2016, the Secretary shall develop guidance and provide technical assistance for States and service institutions to assist in the implementation of this subparagraph, including by identifying areas of programmatic overlap in the program under this section and the child and adult care food program under section 17 so that States may simplify the administration of each such program. Such guidance shall include information on possible ways States may ensure participation under this subparagraph will lead to reduced paperwork and other administrative burdens, including recommendations for streamlined program applications, reporting requirements, inspections, and other areas of potential duplication, while retaining appropriate measures of program integrity. Information provided under this clause shall be provided in such a manner that any State may identify areas of programmatic overlap, and reduce paperwork and other burdens, even if such State has not yet been selected to provide reimbursements to service institutions in accordance with this subparagraph. A State seeking to provide reimbursements in accordance this subparagraph shall demonstrate to the Secretary the ways in which the State has used the election under clause
(i)to reduce paperwork and other administrative burdens while retaining appropriate measures of program integrity, which may include the utilization of technical assistance provided to the State under clause (iv). The Secretary shall select not more than 5 States to provide reimbursements in accordance with this subparagraph, beginning in May 2017, if such States have the capacity to effectively implement this subparagraph, as demonstrated by streamlining and simplifying program operations in accordance with subclause (I). When appropriate, but not later than May 31, 2018, and consistent with subclause (V)(bb), the Secretary shall update the information under clause (iv). If the Secretary determines that additional States have the capacity described in subclause
(I)and additional best practices could be provided, the Secretary may select not more than 5 such States to provide reimbursements in accordance with this subparagraph beginning in October 2018. Not later than September 30, 2019, and consistent with subclause (V)(bb), the Secretary shall update the information under clause (iv). The Secretary may select additional States to provide reimbursements in accordance with this subparagraph beginning in May 2020, and each year thereafter, if such States have the capacity described in subclause (I). As a condition of being selected under this clause, a State shall provide, in such time and in such manner as the Secretary may reasonably require, information to the Secretary regarding best practices of successful implementation of this subparagraph. The Secretary shall continue to periodically update the information under clause
(iv)to include the best practices provided under item
(aa)for continued successful implementation of this subparagraph. ; by striking paragraphs (9), (10), and (12); by redesignating paragraph
(11)as paragraph (9); and by adding at the end the following: Beginning in May 2017, the Secretary shall grant requests made by a State to allow children who are participating in the program but for whom an operation under paragraph
(12)is not available, to consume meals away from a congregate feeding site when the program is available to such children at the site, but— the site is closed due to extreme weather conditions; violence or other public safety concerns in the area temporarily prevent children from traveling safely to the site; or other emergency circumstances, as defined by the State, prevent access to the site. In granting a request under subparagraph (A), the Secretary shall ensure that— allowances are issued by a State only between the months of May through September; allowances are granted in the most efficient and effective manner to ensure programs and States can quickly respond and adapt to the circumstances described in clauses
(i)through
(iii)of subparagraph (A); and once an allowance is issued, any meal in which a component is offered but not served is not reimbursed under subsection (b). As part of the management and administration plan described in subsection (n), a State shall describe— the approval process, including the timeline, the State would undertake to issue an allowance; standards for what circumstances merit an allowance, how long an allowance will last, and when an allowance may be extended; and how the program would operate once an allowance is issued. Beginning in May of 2017, a State may elect for service institutions to carry out an off-site consumption operation in the State to provide summer food service program meals to children eligible to participate in the program that such children may consume away from a congregate feeding site. The operation described in subparagraph
(A)shall be available to a child described in subparagraph
(A)only if the child lives in an area that is eligible to participate in the summer food service program, but that is not currently being served, and such area— is rural, as defined by the State; or is not rural, and is an area in which more than 80 percent of students are certified as eligible for free or reduced price meals. The following shall apply to an operation described in subparagraph (A): The number of meals served to each child in a single meal service is limited to 2 meals, and the number of meals in a seven-day period shall be limited to 10 meals. Any meal served shall meet the same standards for nutrition, safety, and quality as a meal served at a congregate feeding site. Any meal in which a component is offered but not served shall not be reimbursed under subsection (b). Each State shall give priority to children who are living where congregate feeding sites are not accessible. Nothing in this section shall be construed to allow congregate feeding sites to cease from operating in order to be replaced by off-site consumption operations under this paragraph. A State shall not— operate an off-site consumption operation simultaneously in the same service area with a congregate feeding site; use more than 10 percent of funds received for administrative expenses to carry out this paragraph; or implement an off-site consumption operation in all service areas in the State. Each State choosing to provide summer food service program meals through an off-site consumption operation under this paragraph shall describe how the State plans to implement the operation in the management and administration plan in subsection (n), which shall include information on how the State will— document operation, including implementation; determine the method for selecting eligible areas and eligible service institutions to most effectively deliver summer food service program meals in the manner described in this paragraph; design mechanisms by which households with children eligible to participate in the program could indicate a need for meal service through such an operation; develop an appropriate maintenance of effort requirement for service institutions currently operating congregate feeding sites; develop requirements for implementing safety and security measures to ensure that safety and security through such an operation is equivalent to such measures at a congregate feeding site; and periodically reevaluate the potential for children to be served at a congregate feeding site. ; in subsection (f)(2), by inserting before the period at the end the following: and in providing appropriate meals to children with medically certified special dietary needs, including food allergies or other special dietary needs of individual children, including religious dietary restrictions ; in subsection (k)(3)— by striking
(3)To provide and inserting the following: To provide ; and by adding at the end the following: If funds provided under subparagraph
(A)are insufficient to pay for State or local health department inspections, and to reinspect facilities and deliveries to test meal quality, as required under this Act or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), State agencies may elect to use funds described in paragraph
(1)for those activities. Funds described in clause
(i)shall not exceed the lesser of— actual costs; or 1 percent of program funds. ; by amending subsection
(n)to read as follows: Each State desiring to participate in the program shall notify the Secretary by January 1 of each year of its intent to administer the program and shall submit, by February 15, a management and administration plan for the program for the fiscal year, which shall include, at a minimum— the State’s administrative budget for the fiscal year; and the State’s plans for— use of program funds and additional State or private funds to reach children with the greatest need, to the maximum extent practicable; strengthening the congregate feeding model for program delivery, including a process for identifying gaps in service and barriers to access; administrative and fiscal plans for using the allowance described in subsection (a)(11) and, if applicable, the option described in subsection (a)(12) to assist service institutions in reaching children with the greatest need; providing technical assistance and training for eligible service institutions; monitoring and inspecting service institutions, feeding sites, and food service management companies and ensuring that such companies do not enter into contracts for more meals than they can provide effectively and efficiently, and in compliance with the program; timely and effective action against program violators; and ensuring fiscal integrity by auditing service institutions not subject to auditing requirements prescribed by the Secretary. ; and in subsection (r), by striking 2015 and inserting 2021 .
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