SEC. 2101. Short Title.
This title may be cited as the “Maintaining Essential Access to Lunch for Students Act” or the “MEALS Act”.
Division B — Nutrition Waivers
DIVISION B Nutrition Waivers
TITLE I Maintaining Essential Access to Lunch for Students Act
SEC. 2102. Waiver Exception for School Closures Due to Covid–19.
In General.— The requirements under section 12(l)(1)(A)(iii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(1)(A)(iii)) shall not apply to a qualified COVID–19 waiver.
Allowable Increase in Federal Costs.— Notwithstanding paragraph (4) of section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)), the Secretary of Agriculture may grant a qualified COVID–19 waiver that increases Federal costs.
Termination After Periodic Review.— The requirements under section 12(l)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(5)) shall not apply to a qualified COVID–19 waiver.
Qualified COVID–19 Waiver.— In this section, the term “qualified COVID–19 waiver” means a waiver—
requested by a State (as defined in section 12(d)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(8))) or eligible service provider under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)); and
to waive any requirement under such Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or any regulation issued under either such Act, for purposes of providing meals and meal supplements under such Acts during a school closure due to COVID–19.
TITLE II Covid—19 Child Nutrition Response Act
SEC. 2201. Short Title.
This title may be cited as the “COVID–19 Child Nutrition Response Act”.
SEC. 2202. National School Lunch Program Requirement Waivers Addressing Covid–19.
Nationwide Waiver.—
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—
providing meals and meal supplements under a qualified program; and
carrying out subparagraph (A) with appropriate safety measures with respect to COVID–19, as determined by the Secretary.
State election.— A waiver established under paragraph (1) shall—
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
not be subject to the requirements under paragraph (3) of such section.
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—
providing meals and meal supplements under such child and adult care food program; and
carrying out paragraph (1) with appropriate safety measures with respect to COVID–19, as determined by the Secretary.
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—
such waiver is necessary to provide meals and meal supplements under a qualified program; and
there is a supply chain disruption with respect to foods served under such a qualified program and such disruption is due to COVID–19.
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:
A summary of the use of such waiver by the State and eligible service providers.
A description of whether such waiver resulted in improved services to children.
Sunset.— The authority of the Secretary to establish or grant a waiver under this section shall expire on September 30, 2020.
Definitions.— In this section:
Qualified program.— The term “qualified program” means the following:
The school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
The school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
The child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766).
The summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761).
Secretary.— The term “Secretary” means the Secretary of Agriculture.
State.— The term “State” has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(8)).
SEC. 2203. Physical Presence Waiver under Wic During Certain Public Health Emergencies.
Waiver Authority.—
In general.— Notwithstanding any other provision of law, the Secretary may grant a request described in paragraph (2) to—
waive the requirement under section 17(d)(3)(C)(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(C)(i)); and
defer anthropometric and bloodwork requirements necessary to determine nutritional risk.
Request.— A request described in this paragraph is a request made to the Secretary by a State agency to waive, on behalf of the local agencies served by such State agency, the requirements described in paragraph (1) during any portion of the emergency period (as defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) (beginning on or after the date of the enactment of this section).
Reports.—
Local agency reports.— Each local agency that uses a waiver pursuant to subsection (a) shall, not later than 1 year after the date such local agency uses such waiver, submit a report to the State agency serving such local agency that includes the following:
A summary of the use of such waiver by the local agency.
A description of whether such waiver resulted in improved services to women, infants, and children.
State agency reports.— Each State agency that receives a waiver under subsection (a) shall, not later than 18 months after the date such State agency received such waiver, submit a report to the Secretary that includes the following:
A summary of the reports received by the State agency under paragraph (1).
A description of whether such waiver resulted in improved services to women, infants, and children.
Sunset.— The authority under this section shall expire on September 30, 2020.
Definitions.— In this section:
Local agency.— The term “local agency” has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
Nutritional risk.— The term “nutritional risk” has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
Secretary.— The term “Secretary” means the Secretary of Agriculture.
State agency.— The term “State agency” has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
SEC. 2204. Administrative Requirements Waiver under Wic.
Waiver Authority.—
In general.— Notwithstanding any other provision of law, the Secretary of Agriculture may, if requested by a State agency (as defined in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), modify or waive any qualified administrative requirement with respect to such State agency.
Qualified administrative requirement.— In this section, the term “qualified administrative requirement” means a regulatory requirement issued under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) that the Secretary of Agriculture determines—
cannot be met by a State agency due to COVID–19; and
the modification or waiver of which is necessary to provide assistance under such section.
State Agency Reports.— Each State agency that receives a waiver under subsection (a)(1) shall, not later than 1 year after the date such State agency received such waiver, submit a report to the Secretary of Agriculture that includes the following:
A summary of the use of such waiver by the State agency.
A description of whether such waiver resulted in improved services to women, infants, and children.
Sunset.— The authority under this section shall expire on September 30, 2020.
TITLE III Snap Waivers
SEC. 2301. Snap Flexibility for Low-Income Jobless Workers.
Beginning with the first month that begins after the enactment of this Act and for each subsequent month through the end of the month subsequent to the month a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) is lifted, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(o)(2) of the Food and Nutrition Act of 2008 unless an individual does not comply with the requirements of a program offered by the State agency (as defined in section 3 of the Food and Nutrition Act of 2008) that meets the standards of subparagraphs (B) or (C) of such section 6(o)(2).
Beginning on the month subsequent to the month the public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of COVID–19 is lifted for purposes of section 6(o) of the Food and Nutrition Act of 2008, such State agency shall disregard any period during which an individual received benefits under the supplemental nutrition assistance program prior to such month.
SEC. 2302. Additional Snap Flexibilities in a Public Health Emergency.
In the event of a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) and the issuance of an emergency or disaster declaration by a State based on an outbreak of COVID–19, the Secretary of Agriculture—
shall provide, at the request of a State agency (as defined in section 3 of the Food and Nutrition Act of 2008) that provides sufficient data (as determined by the Secretary through guidance) supporting such request, for emergency allotments to households participating in the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 to address temporary food needs not greater than the applicable maximum monthly allotment for the household size; and
may adjust, at the request of State agencies or by guidance in consultation with one or more State agencies, issuance methods and application and reporting requirements under the Food and Nutrition Act of 2008 to be consistent with what is practicable under actual conditions in affected areas. (In making this adjustment, the Secretary shall consider the availability of offices and personnel in State agencies, any conditions that make reliance on electronic benefit transfer systems described in section 7(h) of the Food and Nutrition Act of 2008 impracticable, any disruptions of transportation and communication facilities, and any health considerations that warrant alternative approaches.)
Not later than 10 days after the date of the receipt or issuance of each document listed in paragraphs (1), (2), or (3) of this subsection, the Secretary of Agriculture shall make publicly available on the website of the Department the following documents:
Any request submitted by State agencies under subsection (a).
The Secretary’s approval or denial of each such request.
Any guidance issued under subsection (a)(2).
The Secretary of Agriculture shall, within 18 months after the public health emergency declaration described in subsection (a) is lifted, submit a report to the House and Senate Agriculture Committees with a description of the measures taken to address the food security needs of affected populations during the emergency, any information or data supporting State agency requests, any additional measures that States requested that were not approved, and recommendations for changes to the Secretary’s authority under the Food and Nutrition Act of 2008 to assist the Secretary and States and localities in preparations for any future health emergencies.