S. 5184 explained  ·  119th Congress  ·  Pending in Congress

FORK Act of 2026

Create a free account or sign in to follow S. 5184 and get alerts. Policy area: Agriculture and Food Create a free account or sign in to follow the Agriculture and Food policy area and get alerts. ▲ 82 days since action Sponsor: Jeff Merkley, OR-Senate, D → Congress.gov

Cosponsors: 2 (2 D, 0 R) · per Congress.gov, 2026-10-14

Introduced: 2026-07-30

Latest action (2026-07-30): Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

What S. 5184 does, in plain terms

Feeding Our Rural Kids Act of 2026 or the FORK Act of 2026 This bill establishes a summer meal delivery vehicle pilot program as part of the Summer Food Service Program (SFSP). (The SFSP is a federally funded, state-administered program that reimburses providers that serve no-cost, healthy meals and snacks to children and teens at summer sites in low-income communities.) Under the bill, the Department of Agriculture (USDA) must award one-year grants of up to $100,000 for service institutions (e.g., school food authorities) to purchase, retrofit, or repair vehicles to facilitate noncongregate meal distribution. This is meal distribution outside of the typically required group, or congregate, setting (e.g., grab-and-go meal service). Among other things, USDA must give priority to service institutions located in an area in which poor economic conditions exist and that serve a high proportion of students from socially disadvantaged backgrounds. USDA must also ensure, to the maximum extent practicable, that service institutions receiving grants are located in different states.

Official summary by the Congressional Research Service, via Congress.gov.

Constitution Index

“VFA Constitution grade”

Not graded yet

S. 5184 has not been graded yet. New measures with an official summary are graded daily under the published rubric.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

Synthesis

The bill is constitutional as a valid exercise of Congress's spending power under Article I, Section 8, Clause 1, and the Necessary and Proper Clause, provided it respects state sovereignty and addresses a truly national concern, as emphasized by Madison. Hamilton and Marshall find it squarely constitutional, while Madison conditionally supports it.

Hamilton YES

The proposed pilot program for summer meal delivery vehicles falls within the constitutional authority of Congress to provide for the general welfare and to regulate commerce among the several states. The expenditure of federal funds for such a program is a legitimate exercise of the spending power, which is explicitly granted to Congress in Article I, Section 8, Clause 1, and is not restricted to the enumerated powers so long as it serves the general welfare. Furthermore, the program is ancillary to the national school lunch system, which Congress has long supported under its commerce power, …

Article I, Section 8, Clause 1 Federalist No. 41
Jefferson NO

The Constitution grants the federal government only those powers enumerated in Article I, Section 8. Nowhere does it authorize Congress to administer a program for the distribution of meals to children, even during summer. Such an endeavor falls within the police powers reserved to the states and the people under the Tenth Amendment. The General Welfare Clause is not a general grant of power to legislate for any purpose Congress deems beneficial; it is a limitation on the taxing and spending power, which must be exercised in pursuit of an enumerated end. Education and the care of children are …

Amendment X Article I, Section 8
Madison CONDITIONAL

The Constitution vests in Congress the power to provide for the general welfare, but this power is limited to enumerated ends and must be exercised through means that are necessary and proper. A pilot program for summer meal delivery vehicles, if funded by general revenues and directed at a national concern such as child nutrition, may fall within Congress's spending power under Article I, Section 8, Clause 1, provided it is not an encroachment on state responsibilities. However, I must caution that such a program must be carefully tailored to avoid exceeding the enumerated powers, as the gene…

Article I, Section 8, Clause 1 Tenth Amendment Federalist No. 45 Federalist No. 10
Marshall YES

This bill proposes a pilot program for summer meal delivery vehicles under the National School Lunch Act, which is a valid exercise of Congress's power to provide for the general welfare and to regulate commerce among the several states. The Constitution grants Congress the authority to spend for the general welfare (Article I, Section 8, Clause 1), and the necessary and proper clause (Article I, Section 8, Clause 18) allows Congress to adopt means that are appropriate and plainly adapted to a legitimate end, as established in McCulloch v. Maryland (1819). The program's connection to child nut…

Article I, Section 8, Clause 1 (General Welfare Clause) Article I, Section 8, Clause 18 (Necessary and Proper Clause) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)
Report an error in this Founders' Verdict
No account needed. Or email hello@valuesforamerica.com. How reports are handled.

What should pass

“VFA SI Solution”

No solution yet

A sourced SI draft appears here once it passes automated checks (Constitution citation, source verification, independent SI critic). How publication works.

Share card

1200×675 PNG for X, Threads, LinkedIn and messages. Free to share with a link back to this page.

For journalists and bloggers

“Embed this grade”

Free to use with the link back. The badge and card update when the grade changes. Embed terms →

VFA Constitution grade for S. 5184

← Back to the Republic