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Bill
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Title II — School Lunch Program

H.R. 4684 · 116th Congress · Oct 15, 2019 · Lineage

II School Lunch Program

Sec. 201 General repeal of reduced price lunches

The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended—
(1)
by striking “or reduced price” each place it appears;
(2)
by striking “or a reduced price” each place it appears;
(3)
by striking “and reduced price” each place it appears; and
(4)
by striking “a reduced price” each place it appears.

Sec. 202 Apportionment to States

Section 4(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)) is amended—
(1)
by striking paragraph (2) and inserting the following:

“(2) Payment amounts

“(A) In general—The national average payment for each free lunch shall be $3.81, adjusted annually for inflation in accordance with subparagraph (C) and rounded in accordance with subparagraph (D).

“(B) Additional payment for local food

“(i) Definition of locally-sourced farm product—In this subparagraph, the term locally-sourced farm product means a farm product that—

“(I) is marketed to consumers—

“(aa) directly; or

“(bb) through intermediated channels (such as food hubs and cooperatives); and

“(II) with respect to the school food authority purchasing the farm product, is produced and distributed—

“(aa) in the State in which the school food authority is located; or

“(bb) not more than 250 miles from the location of the school food authority.

“(ii) Additional payment eligibility—During a school year, a school food authority shall receive an additional payment described in clause (iii) if the State certifies that the school food authority served meals (including breakfasts, lunches, and supplements) during the last school year of which not less than 30 percent were made with locally-sourced farm products.

“(iii) Payment amount—The additional payment amount for each free lunch under this subparagraph shall be $0.30, adjusted annually in accordance with subparagraph (C) and rounded in accordance with subparagraph (D).

“(iv) Disbursement—The State agency shall disburse funds made available under this clause to school food authorities eligible to receive additional reimbursement.

“(C) Inflation adjustment

“(i) In general—The annual inflation adjustment under subparagraphs (A) and (B)(iii) shall reflect changes in the cost of operating the free lunch program under this Act, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers.

“(ii) Basis—Each annual inflation adjustment under subparagraphs (A) and (B)(iii) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available.

“(D) Rounding—On July 1, 2020, and annually thereafter, the national average payment rate for free lunch shall be—

“(i) adjusted to the nearest lower-cent increment; and

“(ii) based on the unrounded amounts for the preceding 12-month period.”

(2)
by striking paragraph (3).

Sec. 203 Nutritional and other program requirements

(a)
Elimination of free lunch eligibility requirements—
(1)
In general— Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended by striking subsection (b) and inserting the following:

“(b) Eligibility—All children enrolled in a school that participates in the school lunch program under this Act shall be eligible to receive free lunch under this Act.”

(2)
Conforming amendments—
(A)
Section 9(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(c)) is amended in the second sentence by striking “or at a reduced cost”.
(B)
Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended—
(i)
by striking subsection (j); and
(ii)
by redesignating subsection (k) as subsection (j).
(C)
Section 28(b)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769i(b)(4)) is amended—
(i)
in subparagraph (A), by striking the subparagraph designation and heading and all that follows through “the Secretary” and inserting “The Secretary”; and
(ii)
by striking subparagraph (B).
(D)
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended—
(i)
in subsection (d)(2)(A)—
(I)
by striking clause (i); and
(II)
by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and
(ii)
in subsection (f)(17), by striking “Notwithstanding subsection (d)(2)(A)(i), not later” and inserting “Not later”.
(E)
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by striking paragraph (7) and inserting the following:

“(7) provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the plan;”

(F)
Section 1154(a)(2)(A)(i) of title 10, United States Code, is amended by striking “in accordance with section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)”.
(G)
Section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a) is repealed.
(b)
Prohibition on lunch shaming; meal denial—
(1)
In general— Effective beginning on the date of enactment of this Act, a school or school food authority—
(A)
shall not—
(i)
physically segregate or otherwise discriminate against any child participating in the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or
(ii)
overtly identify a child described in clause (i) by a special token or ticket, an announced or published list of names, or any other means; and
(B)
shall provide the program meal to any child eligible under the program.
(2)
National School Lunch Act— Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended by striking subsection (d) and inserting the following:

“(d) Prohibition on lunch shaming—A school or school food authority shall not—

“(1) physically segregate or otherwise discriminate against any child participating in free lunch under this Act; or

“(2) overtly identify a child described in paragraph (1) by a special token or ticket, an announced or published list of names, or any other means.”

(c)
No collection of debt—
(1)
In general— Notwithstanding any other provision of the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or any other provision of law, effective beginning on the date of enactment of this Act, as a condition of participation in the school lunch program under that Act, a school—
(A)
shall not collect any debt owed to the school for unpaid meal charges; and
(B)
shall continue to accrue debt for unpaid meal charges—
(i)
for the purpose of receiving reimbursement under section 213; and
(ii)
until the effective date specified in section 2.
(2)
National School Lunch Act— Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended by adding at the end the following:

“(m) No collection of debt—A school participating in the school lunch program under this Act shall not collect any debt owed to the school for unpaid meal charges.”

Sec. 204 Special assistance program

(a)
In general— Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is repealed.
(b)
Conforming amendments—
(1)
Section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755) is amended—
(A)
in subsection (a)(2), by striking “sections 11 and 13” and inserting “section 13”; and
(B)
in subsection (e)(1), in the matter preceding subparagraph (A), by striking “section 4, this section, and section 11” and inserting “this section and section 4”.
(2)
Section 7(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1756(d)) is amended by striking “or 11”.
(3)
Section 8(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1757(g)) is amended by striking “and under section 11 of this Act”.
(4)
Section 12(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(f)) is amended by striking “11,”.
(5)
Section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1766(a)) is amended—
(A)
in paragraph (1)(A), by striking “4, 11, and 17” and inserting “4 and 17”; and
(B)
in paragraph (2)(A), by striking “sections 4 and 11” and inserting “section 4”.

Sec. 205 Price for a paid lunch

Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended—
(1)
by striking subsection (p); and
(2)
by redesignating subsections (q) and (r) as subsections (p) and (q), respectively.

Sec. 206 Summer food service program for children

Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2), by adding at the end the following:

“(C) Waiver—If the Secretary determines that a program requirement under this section limits the access of children to meals served under this section, the Secretary may waive that program requirement.

“(D) Eligibility—All children shall be eligible to participate in the program under this section.”

(B)
in paragraph (5), by striking “only for” and all that follows through the period at the end and inserting “for meals served to all children.”;
(2)
in subsection (b)(2), by striking “may only serve” and all that follows through “migrant children”;
(3)
by striking subsection (c) and inserting the following:

“(c) Payments

“(1) In general—Payments shall be made to service institutions for meals served—

“(A) during the months of May through September;

“(B) during school vacation at any time during an academic school year;

“(C) during a teacher in-service day; and

“(D) on days that school is closed during the months of October through April due to a natural disaster, building repair, court order, or similar cause, as determined by the Secretary.

“(2) Limitation on payments—A service institution shall receive payments under this section for not more than 3 meals and 1 supplement per child per day.”

(4)
in subsection (f)(3), by striking “, except that” and all that follows through “section”.

Sec. 207 Summer Electronic Benefit Transfer for Children Program

Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended by adding at the end the following:

“(13) Summer Electronic Benefit Transfer for Children Program

“(A) Definitions—In this paragraph:

“(i) EBT card—The term EBT card means an electronic benefit transfer card.

“(ii) Eligible household—The term eligible household means a household with—

“(I) an income that does not exceed 200 percent of the poverty line (as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902)); and

“(II) one or more children.

“(iii) Program—The term Program means the Summer Electronic Benefit Transfer for Children Program established under subparagraph (B).

“(B) Establishment—The Secretary shall establish a national program, to be known as the “Summer Electronic Benefit Transfer for Children Program”, under which the Secretary shall issue EBT cards to eligible households to provide food assistance during the summer months.

“(C) EBT amount

“(i) In general—The value of an EBT card provided under the Program to an eligible household shall be $60 per month per child (adjusted for inflation).

“(ii) Annual limitation—No eligible household shall receive benefits under the Program for more than 3 months in a calendar year.

“(D) Administration

“(i) In general—Except as provided under this paragraph, the Program shall be based on the summer electronic benefit transfer for children demonstration program carried out pursuant to section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (Public Law 111–80; 123 Stat. 2132).

“(ii) SNAP or WIC

“(I) In general—Subject to subclause (II), a State shall administer the Program through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).

“(II) WIC option—If a State has participated in the demonstration program described in clause (i) before the effective date specified in section 2 of the Universal School Meals Program Act of 2019, the State may elect to administer the Program through the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).

“(E) Authorization of appropriations—There are authorized to be appropriated to the Secretary to carry out this paragraph such sums as are necessary for fiscal year 2020 and each fiscal year thereafter.”

Sec. 208 Child and adult care food program

Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended—
(1)
in subsection (a)(2), by striking subparagraph (B) and inserting the following:

“(B) any other private organization providing nonresidential child care or day care outside school hours for school children;”

(2)
by striking subsection (c) and inserting the following:

“(c) Free meals—Notwithstanding any other provision of law—

“(1) all meals and supplements served under the program authorized under this section shall be provided for free to participants of the program; and

“(2) an institution that serves those meals and supplements shall be reimbursed—

“(A) in the case of breakfast, at the rate established for free breakfast under section 4(b)(1)(B)(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)(1)(B)(i));

“(B) in the case of lunch, at the rate established for free lunch under section 4(b)(2)(A); and

“(C) in the case of a supplemental meal, $0.30, adjusted for inflation in accordance with section 4(b)(2)(C).”

(3)
in subsection (f)—
(A)
in paragraph (2), by striking subparagraph (B) and inserting the following:

“(B) Limitation to reimbursements—An institution may claim reimbursement under this paragraph for not more than 3 meals and 1 supplement per day per child.”

(B)
by striking paragraph (3); and
(4)
in subsection (r)—
(A)
in the subsection heading, by striking “Program for at-risk school children” and inserting “Afterschool meal and snack program”;
(B)
by striking “at-risk school” each place it appears and inserting “eligible”;
(C)
in paragraph (1)—
(i)
in the paragraph heading, by striking “at-risk school” and inserting “eligible”; and
(ii)
in subparagraph (B), by striking “operated” and all that follows through the period at the end and inserting a period; and
(D)
in paragraph (4)(A), by striking “only for” and all that follows through the period at the end and inserting the following:

“(i) not more than 1 meal and 1 supplement per child per day served on a regular school day; and

“(ii) not more than 3 meals and 1 supplement per child per day served on any day other than a regular school day.”

Sec. 209 Meals and supplements for children in afterschool care

Section 17A of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766a) is amended—
(1)
in the section heading, by striking “Meal supplements” and inserting “Meals and supplements”;
(2)
in subsection (a)(1), by striking “meal supplements” and inserting “free meals and supplements”;
(3)
in subsection (b), by inserting “meals and” before “supplements”; and
(4)
by striking subsection (c) and inserting the following:

“(c) Reimbursement

“(1) In general

“(A) Meals—A free meal provided under this section to a child shall be reimbursed at a rate of $3.81, adjusted annually for inflation in accordance with paragraph (3)(A) and rounded in accordance with paragraph (3)(B).

“(B) Supplements—A free supplement provided under this section to a child shall be reimbursed at the rate at which free supplements are reimbursed under section 17(c)(2)(C).

“(2) Limitation to reimbursements—An institution may claim reimbursement under this section for not more than 1 meal and 1 supplement per day per child served on a regular school day.

“(3) Inflation; rounding

“(A) Inflation adjustment

“(i) In general—The annual inflation adjustment under paragraph (1)(A) shall reflect changes in the cost of operating the program under this section, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers.

“(ii) Basis—Each inflation annual adjustment under paragraph (1)(A) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available.

“(B) Rounding—On July 1, 2020, and annually thereafter, the reimbursement rate for a free meal under this section shall be—

“(i) adjusted to the nearest lower-cent increment; and

“(ii) based on the unrounded amounts for the preceding 12-month period.”

Sec. 210 Access to local foods: farm to school program

Section 18(g)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)(5)) is amended by striking subparagraph (B) and inserting the following:

“(B) serve a high proportion of identified students (as defined in paragraph (8) of section 1113(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)));”

Sec. 211 Fresh fruit and vegetable program

Section 19(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a(d)) is amended—
(1)
in paragraph (1)—
(A)
in the matter preceding subparagraph (A), by striking “paragraph (2) of this subsection and”;
(B)
in subparagraph (A), in the matter preceding clause (i), by striking “school—” and all that follows through “submits” in clause (ii) and inserting “school that submits”;
(C)
in subparagraph (B), by striking “schools” and all that follows through “Act” and inserting “high-need schools (as defined in section 2211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(b)))”; and
(D)
in subparagraph (D)—
(i)
by striking clause (i); and
(ii)
by redesignating clauses (ii) through (iv) as clauses (i) through (iii), respectively; and
(2)
by striking paragraphs (2) and (3) and inserting the following:

“(3) Outreach to high-need schools—Prior to making decisions regarding school participation in the program, a State agency shall inform high-need schools (as defined in section 2211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(b))), including Tribal schools, of the eligibility of the schools for the program.”

Sec. 212 Training, Technical Assistance, and Food Service Management Institute

Section 21(a)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b–1(a)(1)(B)) is amended in the matter preceding clause (i) by striking “certified” and all that follows through “meals” and inserting “who are identified students (as defined in paragraph (8) of section 1113(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a))”.

Sec. 213 Reimbursement of school meal delinquent debt program

(a)
Definitions— In this section:
(1)
Delinquent debt— The term delinquent debt means the debt owed by a parent or guardian of a child to a school—
(A)
as of the effective date specified in section 2; and
(B)
for meals served by the school under—
(i)
the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
(ii)
the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or
(iii)
both of the programs described in clauses (i) and (ii).
(2)
Program— The term program means the program established under subsection (b)(1).
(3)
Secretary— The term Secretary means the Secretary of Agriculture.
(b)
Reimbursement program—
(1)
Establishment— Not later than 60 days after the effective date specified in section 2, the Secretary shall establish a program under which the Secretary shall reimburse each school participating in a program described in clause (i) or (ii) of subsection (a)(1)(B) for all delinquent debt.
(2)
Form for reimbursement— To carry out the program, the Secretary shall design and distribute a form to State agencies to collect data on all delinquent debt in applicable schools in the State, grouped by school food authority.
(3)
Completion date— The Secretary shall provide all reimbursements under the program not later than 180 days after the effective date specified in section 2.
(c)
Report— Not later than 2 years after the effective date specified in section 2, the Comptroller General of the United States shall submit to Congress and make publicly available a report that describes the successes and challenges of the program.