116th CONGRESS 2d Session |
To provide for certain waivers of program requirements under the Richard B. Russell National School Lunch Act to appropriately address safety measures with respect to COVID–19, and for other purposes.
March 11, 2020
Ms. Bonamici (for herself and Mr. Comer) introduced the following bill; which was referred to the Committee on Education and Labor
To provide for certain waivers of program requirements under the Richard B. Russell National School Lunch Act to appropriately address safety measures with respect to COVID–19, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “COVID–19 Child Nutrition Response Act”.
SEC. 2. National school lunch program requirement waivers addressing COVID–19.
(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may establish a waiver for all States under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)), for purposes of—
(A) providing meals and meal supplements under a qualified program; and
(B) carrying out subparagraph (A) with appropriate safety measures with respect to COVID–19, as determined by the Secretary.
(2) STATE ELECTION.—A waiver established under paragraph (1) shall—
(A) notwithstanding paragraph (2) of section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)), apply automatically to any State that elects to be subject to the waiver without further application; and
(B) not be subject to the requirements under paragraph (3) of such section.
(b) Child and adult care food program waiver.—Notwithstanding any other provision of law, the Secretary may grant a waiver under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)) to allow non-congregate feeding under a child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) if such waiver is for the purposes of—
(1) providing meals and meal supplements under such child and adult care food program; and
(2) carrying out paragraph (1) with appropriate safety measures with respect to COVID–19, as determined by the Secretary.
(c) Meal pattern waiver.—Notwithstanding paragraph (4)(A) of section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)) the Secretary may grant a waiver under such section that relates to the nutritional content of meals served if the Secretary determines that—
(1) such waiver is necessary to provide meals and meal supplements under a qualified program; and
(2) there is a supply chain disruption with respect to foods served under such a qualified program and such disruption is due to COVID–19.
(d) Reports.—Each State that receives a waiver under subsection (a), (b), or (c), shall, not later than 1 year after the date such State received such waiver, submit a report to the Secretary that includes the following:
(1) A summary of the use of such waiver by the State and eligible service providers.
(2) A description of whether such waiver resulted in improved services to children.
(e) Sunset.—The authority of the Secretary to establish or grant a waiver under this section shall expire on July 31, 2020.
(f) Definitions.—In this section:
(1) QUALIFIED PROGRAM.—The term “qualified program” means the following:
(A) The school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(B) The school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(C) The child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766).
(D) The summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761).
(2) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.