Sec. 107. 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)— by striking paragraph
(8)and inserting the following: 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 service institution described in paragraph
(6)or (7), other than a public school, may be reimbursed for— lunch and either breakfast or a meal supplement served during each day of operation during the months of May through September, except— in the case of a service institution that operates a food service program for children on school vacation, at any time under a continuous school calendar; and in the case of a service institution that provides meal service at a non-school site to 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 that period; and up to 1 meal and 1 supplement served during each day of operation outside of school hours, including after school, weekends, and school holidays during the regular school calendar. The Secretary shall reimburse service institutions seeking reimbursement under this subparagraph at a rate that is consistent with subsection (b). To be eligible for reimbursement under this subparagraph, a service institution shall be required to provide meals to eligible children on— at least 20 days during the months of May through September; or at least 20 days during school vacations in areas that operate under a continuous school calendar. Administrative funds for State agencies and sponsors shall be delivered in the manner described in— for service institutions, subsection (b)(3)(B)(ii); and for State agencies, subsection (k)(1). The Secretary shall limit reimbursement under this subparagraph to meals served— beginning on October 1, 2017, in 7 States; beginning on October 1, 2018, in 3 additional States; beginning on October 1, 2019, in 2 additional States; and beginning on October 1, 2020, and each fiscal year thereafter, in 1 additional State. In carrying out subclause (I), the Secretary shall select States that— in the case of item (aa), have— the lowest rates of participation in the program authorized under this section; and have not yet completed implementation of an electronic benefits transfer system under section 17(h)(12) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h)(12) ); and in the case of items
(bb)through (dd)— have the lowest rates of participation in each region in which the program is authorized under this section; or for which the State agency administering the program under this section is not the same State agency that administers the program authorized under section 17. In carrying out subclause (I), the Secretary shall, to the maximum extent practicable, ensure equitable geographic distribution of States selected to participate in the option authorized under this subparagraph. ; by striking paragraphs
(9)and (12); by redesignating paragraphs
(10)and
(11)as paragraphs
(9)and (10), respectively; and by adding at the end the following: In this subparagraph, the term eligible household means a household that includes 1 or more children who are eligible to receive free or reduced price school meals. Subject to the limit described in clause (vii), a State may elect, beginning in fiscal year 2018, to issue benefits to eligible households in areas described in clause
(vi)through an electronic benefit transfer card. The purposes of the election described in clause
(ii)are— to increase program effectiveness and efficiency; to reduce or eliminate the food insecurity and hunger of children; and to improve the nutritional status of children. Subject to subclauses
(II)and (III), the value of an electronic benefit transfer card under this subparagraph shall be $30 per month for each child eligible to receive free or reduced price school meals in an eligible household. No child may receive more than 3 months of benefits under this subparagraph in any 12-month period. Each January 1, the Secretary shall adjust the value described in subclause
(I)by the same percentage as the adjustment made under subsection (b)(1)(B). Benefits issued through the election described in this subparagraph may be used only for the purchase of food— consistent with section 17(f)(11) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(11) ), with additions made available as determined by the Secretary in accordance with subsection (f)(1) of this section; and subject to subclause (III), from retail stores approved for participation in the special supplemental nutrition program for women, infants, and children authorized under that section. Benefits issued through the election described in this subparagraph may be used only— when school is out of session for the summer period; and in the case of a local educational agency operating under a continuous school calendar, during the school vacations occurring in the months of May through September, as defined by the Secretary. If there are an insufficient number of retail stores described in subclause (I)(bb) in an area to allow for reasonable access to the program, the Secretary shall authorize other similar retail stores that meet such criteria as may be determined by the Secretary for the sole purpose of redeeming benefits through the election described in this subparagraph. In administering the election described in this subparagraph, the Secretary shall ensure that— benefits are issued only to eligible households that live— in areas with high rates of poverty or long-term poverty that— are rural and have no congregate feeding sites; or have limited access to meals otherwise provided through the program authorized under this section; or outside an area in which poor economic conditions exist but in an area that has limited access to meals otherwise provided through the program authorized under this section; benefits are issued to households only after that household has made an oral or written request to receive benefits through an electronic benefit transfer; each State documents how the election will be administered in the management and administration plan described in subsection (n), including— the process for identifying areas in which benefits will be issued; and the process for prioritizing the issuance of benefits within the limit described in clause (vii); and the election is made only by a State that is in compliance with section 17(h)(12)(B) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h)(12)(B) ). In issuing benefits through the election described in this subparagraph, the Secretary may not serve— in fiscal year 2018, more than 235,000 children; in fiscal year 2019, more than 260,000 children; and in fiscal year 2020, and each fiscal year thereafter, more than 285,000 children. When determining allocations among the States of the numbers of children served as described in subclause (I), the Secretary shall— review the management and administration plans described in subsection (n); and ensure that the total number of children served does not exceed the levels described in subclause (I). In addition to funds otherwise made available and subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of serving additional children above the limits described in clause (vii)(I), there is authorized to be appropriated to carry out this subparagraph $50,000,000 for each of fiscal years 2018 through 2020, to remain available until expended. Not later than December 31, 2016, the Secretary shall promulgate regulations, with an opportunity for notice and comment, to implement this subparagraph, including criteria for States to use in prioritizing the issuance of benefits within the limit described in clause (vii). Beginning in summer 2017, a State may elect for service institutions in the State to provide summer food service program meals for children eligible to participate in the program to consume off-site. The election described in clause
(i)shall be available only when the children being served live in— a rural area, as defined by the Secretary; or an area— that is not rural; and in which more than 80 percent of students are certified as eligible for free or reduced price meals. In administering this subparagraph, the Secretary shall— ensure that— the number of meals served to each child in a single meal service is limited to 2 meals; any meal served meets the same standards for safety and quality as a meal served at a congregate feeding site; any meal in which a component is offered but not served is not reimbursed under subsection (b); and each State gives priority to children who are living in areas in which congregate feeding sites are not accessible, as determined by the Secretary; prohibit a State from making an election for off-site consumption simultaneously in the same area with an electronic benefit transfer election described in subparagraph
(A)or a congregate feeding site; and permit a State to make an election for off-site consumption in some or all eligible areas in the State. Each State making an election under this subparagraph shall describe the manner in which the State plans to operate the program under the election in the management and administration plan described in subsection (n). Not later than December 31, 2016, the Secretary shall promulgate regulations, with an opportunity for notice and comment, to implement this subparagraph, which shall include requirements for— documentation of program operation once an election has been made in the State management and administration plan described in subsection (n); selecting eligible areas and eligible service institutions to most effectively deliver summer food service program meals under the election; designing mechanisms by which households with children eligible to participate in the program can indicate a need for meals to be consumed off-site; developing an appropriate maintenance of effort requirement for service institutions currently operating feeding sites; and implementing security measures to ensure that when an election for off-site consumption is made, the safety of participants is equivalent to security at a congregate feeding site. Beginning in summer 2016, the Secretary shall grant a request made by a State to allow children participating in the program to consume meals off-site when the program is available to the child at a congregate feeding 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 Secretary, 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; 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 the State would undertake to issue an allowance; standards for what circumstances merit an allowance, the duration of an allowance, and when an allowance may be extended; and how the program would operate after an allowance is issued. Not later than 45 days after the date of enactment of this paragraph, the Secretary shall issue guidance for States to use in issuing allowances under this paragraph during the period beginning on May 1, 2016, and ending on September 30, 2016. Not later than December 31, 2016, the Secretary shall promulgate regulations, with an opportunity for notice and comment, to implement this paragraph. ; in 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: Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this section, the Secretary shall award grants on a competitive basis to not more than 6 State agencies to carry out a pilot project to provide eligible service institutions payments under the program for serving 3 meals, or 2 meals and 1 supplement, during each day of operation. A service institution is eligible to participate in the pilot project under this subparagraph if the service institution meets the requirements of clauses
(i)and
(ii)of subparagraph (A), but is not a camp and does not serve meals primarily to migrant children. In awarding grants under this subparagraph, the Secretary shall give priority to State agencies that have committed resources or developed a plan to effectively address childhood food insecurity. There is authorized to be appropriated for additional meals and commodities authorized under this subparagraph and associated administrative costs $10,000,000 for the period of fiscal years 2016 through 2020. ; in subsection (k)(3), by striking 1 percent and inserting 2 percent ; by striking subsection
(n)and inserting the following: Each State desiring to participate in the program shall— not later than January 1 of each year, notify the Secretary of the intent of the State to administer the program; and not later than February 15 of each year, submit for approval a management and administration plan for the program for the fiscal year, which shall include— the administrative budget of the State for the fiscal year, and the plans of the State to comply with any standards prescribed by the Secretary under subsection (k); and the plans of the State for— the use of program funds and funds from within the State to the maximum extent practicable to reach needy children; strengthening the congregate feeding model for program delivery, including the process for identifying gaps in service and barriers to access and plans for using the special elections and allowance described in subsection
(b)to assist service institutions in reaching needy children; providing technical assistance and training eligible service institutions; monitoring and inspecting service institutions, feeding sites, and food service management companies and ensuring that those companies do not enter into contracts for more meals than the companies can provide effectively and efficiently; timely and effective action against program violators; and ensuring fiscal integrity by auditing service institutions not subject to auditing requirements prescribed by the Secretary. ; in subsection (r), by striking 2015 and inserting 2020 ; and by adding at the end the following: Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall carry out research projects in not more than 20 States with the lowest participation rates in the program authorized by this section. The research projects described in paragraph
(1)shall be designed to gather information regarding— participation by low-income families and children; involvement by nonprofit organizations in the program; private investment; and social and behavioral change by participants. Research projects conducted under this subsection shall— study barriers and factors that enable participation in the program by eligible children; test new methods regarding program participation and behavioral change by program participants; and measure the changes in program participation and behavior by program participants attributable to the methods described in subparagraph (B). To carry out the research projects described in paragraph (1), the Secretary shall enter into cooperative agreements with food security and nutrition stakeholders, including— nonprofit organizations; institutions of higher education; State agencies; Indian tribal organizations; and corporations. Under the terms of a cooperative agreement entered into under subparagraph (A), a stakeholder shall agree— to conduct research on barriers and factors at the local level that enable participation in the program, using a variety of research methods; to disseminate findings from the research in a manner that will improve the efficiency and effectiveness of the program; and if relevant, to disseminate findings from research in other scientific literature about methods to increase program participation and change behavior by program participants. The Secretary shall ensure that any cooperative agreement includes at least 4 different stakeholders described in subparagraph (A). A cooperative agreement entered into under this subsection shall be for a term of— not less than 1 year; but not more than 3 years. There is authorized to be appropriated to carry out this subsection $10,000,000. .
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