Sec. 5. Summer meals program
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Section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ) is amended— in subsection (n)— by striking and at the end of paragraph (5); and 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 by adding at the end the following new subsection: 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— the presence of extreme weather conditions (such as excess heat) which makes serving meals at the site impractical or unsafe; 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; efforts to support innovative meal delivery methods to address transportation barriers and low program participation in rural areas; or other circumstances that makes access to or service at the site impractical or unsafe, as defined by the Secretary. A service institution’s application to request a waiver described in paragraph
(1)shall— be reviewed by the appropriate State agency; if upon review under clause (i), such State agency has an objection described in subparagraph
(B)to the waiver request, note such objection; and be submitted to the Secretary by the State agency. 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. 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— 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; the oversight responsibilities of State agencies; the approval process used to accept and review requests for a waiver under this subsection; 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; guidance to States and service institutions on how to provide oversight of the program once a waiver under this subsection is granted; and acceptable data sources for use in helping States and the Secretary determine whether the various criteria exist for approving waiver requests under this subsection. In granting a waiver request under paragraph (1), the Secretary shall ensure that— such requests are effective only between the months of May through September; consider support of the appropriate State agency for the waiver request, including any objections raised; the institution outlines the circumstances under which the institution would resume regular congregate feeding and how the institution would do so; there is a process to appeal the denial of waivers; 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; 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 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. ). The Secretary shall provide for regular evaluations on the impact of waivers granted under this subsection on program participation. Such evaluations shall— assess the use of waivers; describe whether the waivers resulted in improved services to children; and describe the impact of the waivers on improving nutrition and food security among participants. 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. 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. . Section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ) is further amended by amending subsection (b)(2)— by striking
(A)and inserting (i); by striking
(B)and inserting (ii); by striking
(2)Any and inserting the following: Any ; and by adding at the end the following: 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. 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. In selecting States to participate under this subparagraph, the Secretary shall give priority to— States that have committed additional resources to effectively address childhood food insecurity, especially during the summer months; 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; 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 States that have had an increase in meals served through the summer meals program in the previous three years. Not later than September 30, 2020, the Secretary shall— 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 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. An evaluation under subclause (I)(aa) shall describe— 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; an assessment of the meals and supplements served in the State in which the pilot project is carried out; any effect of an additional meal on food insecurity among the participating children; and any effect of the pilot project on program integrity. .
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