[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''.
                                 <all>