[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3115 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3115
To amend the Child Nutrition Act of 1966 and the Richard B. Russell
National School Lunch Act to make breakfasts and lunches free for all
children, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2021
Ms. Omar (for herself, Ms. Moore of Wisconsin, Mrs. Beatty, Mr. Bowman,
Ms. Bush, Mr. Carson, Ms. Clarke of New York, Mr. Correa, Mr. Danny K.
Davis of Illinois, Mr. DeSaulnier, Mr. Espaillat, Mr. Grijalva, Mrs.
Hayes, Ms. Norton, Mr. Jones, Mr. Khanna, Ms. Lee of California, Ms.
Lofgren, Mr. Lowenthal, Mrs. Carolyn B. Maloney of New York, Mr.
Morelle, Ms. Ocasio-Cortez, Ms. Pressley, Mr. Raskin, Ms. Schakowsky,
Mr. Smith of Washington, Ms. Strickland, Ms. Tlaib, Mr. Torres of New
York, Mr. Vargas, Ms. Velazquez, Mrs. Watson Coleman, Mr. Welch, Ms.
Meng, Mrs. Napolitano, Mr. Blumenauer, Mr. Cohen, Ms. Wilson of
Florida, Mr. Suozzi, and Ms. Barragan) introduced the following bill;
which was referred to the Committee on Education and Labor, and in
addition to the Committees on Science, Space, and Technology, and
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Child Nutrition Act of 1966 and the Richard B. Russell
National School Lunch Act to make breakfasts and lunches free for all
children, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Universal School
Meals Program Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
TITLE I--SCHOOL BREAKFAST PROGRAM
Sec. 101. Free school breakfast program.
TITLE II--SCHOOL LUNCH PROGRAM
Sec. 201. Apportionment to States.
Sec. 202. Nutritional and other program requirements.
Sec. 203. Special assistance program.
Sec. 204. Price for a paid lunch.
Sec. 205. Summer food service program for children.
Sec. 206. Summer Electronic Benefit Transfer for Children Program.
Sec. 207. Child and adult care food program.
Sec. 208. Meals and supplements for children in afterschool care.
Sec. 209. Access to local foods: farm to school program.
Sec. 210. Fresh fruit and vegetable program.
Sec. 211. Training, technical assistance, and Food Service Management
Institute.
Sec. 212. Reimbursement of school meal delinquent debt program.
Sec. 213. Conforming amendments.
TITLE III--ELEMENTARY AND SECONDARY EDUCATION DATA
Sec. 301. Measure of poverty.
TITLE IV--AMENDMENTS TO OTHER PROGRAMS AND LAWS
Sec. 401. Supplemental nutrition assistance program.
Sec. 402. Higher Education Act of 1965.
Sec. 403. Elementary and Secondary Education Act of 1965.
Sec. 404. America COMPETES Act.
Sec. 405. Workforce Innovation and Opportunity Act.
Sec. 406. National Science Foundation Authorization Act of 2002.
Sec. 407. Child care and development block grant.
Sec. 408. Children's Health Act of 2000.
Sec. 409. Juvenile justice and delinquency prevention.
SEC. 2. EFFECTIVE DATE.
Unless otherwise provided, this Act, and the amendments made by
this Act, shall take effect 1 year after the date of enactment of this
Act.
TITLE I--SCHOOL BREAKFAST PROGRAM
SEC. 101. FREE SCHOOL BREAKFAST PROGRAM.
(a) In General.--Section 4(a) of the Child Nutrition Act of 1966
(42 U.S.C. 1773(a)) is amended, in the first sentence--
(1) by striking ``is hereby'' and inserting ``are''; and
(2) by inserting ``to provide free breakfast to all
children enrolled at those schools'' before ``in accordance''.
(b) Apportionment to States.--Section 4(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1773(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by striking subclause
(II) and inserting the following:
``(II) the national average payment
for free breakfasts, as specified in
subparagraph (B).'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) Payment amounts.--
``(i) In general.--The national average
payment for each free breakfast shall be $2.72,
adjusted annually for inflation in accordance
with clause (ii) and rounded in accordance with
clause (iii).
``(ii) Inflation adjustment.--
``(I) In general.--The annual
inflation adjustment under clause (i)
shall reflect changes in the cost of
operating the free breakfast 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 clause (i)
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.
``(iii) Rounding.--On July 1, 2021, and
annually thereafter, the national average
payment rate for free breakfast shall be--
``(I) adjusted to the nearest
lower-cent increment; and
``(II) based on the unrounded
amounts for the preceding 12-month
period.'';
(C) by striking subparagraphs (C) and (E); and
(D) by redesignating subparagraph (D) as
subparagraph (C);
(2) by striking paragraphs (2) and (3);
(3) by redesignating paragraphs (4) and (5) as paragraphs
(2) and (3), respectively; and
(4) in paragraph (3) (as so redesignated), by striking
``paragraph (3) or (4)'' and inserting ``paragraph (2)''.
(c) State Disbursement to Schools.--Section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) is amended by striking
subsection (c) and inserting the following:
``(c) State Disbursement to Schools.--Funds apportioned and paid to
any State for the purpose of this section shall be disbursed by the
State educational agency to schools selected by the State educational
agency to assist those schools in operating a breakfast program.''.
(d) No Collection of Debt.--
(1) In general.--Notwithstanding any other provision of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 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
breakfast program under section 4 of that Act (42 U.S.C. 1773),
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 212; and
(ii) until the effective date specified in
section 2.
(2) Child nutrition act of 1966.--
(A) In general.--Section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773) is amended by striking
subsection (d) and inserting the following:
``(d) No Collection of Debt.--A school participating in the free
breakfast program under this section shall not collect any debt owed to
the school for unpaid meal charges.''.
(B) Conforming amendment.--Section 23(a) of the
Child Nutrition Act of 1966 (42 U.S.C. 1793(a)) is
amended by striking ``school in severe need, as
described in section 4(d)(1)'' and inserting the
following: ``school--
``(1) that has a free breakfast program under section 4 or
seeks to initiate a free breakfast program under that section;
and
``(2) of which not less than 40 percent of the students 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)))''.
(e) Nutritional and Other Program Requirements.--Section 4(e) of
the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)) is amended--
(1) in paragraph (1)(A), in the second sentence, by
striking ``free or'' and all that follows through the period at
the end and inserting ``free to all children enrolled at a
school participating in the school breakfast program.''; and
(2) in paragraph (2), in the second sentence, by striking
``the full charge to the student for a breakfast meeting the
requirements of this section or''.
(f) Prohibition on Breakfast 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 breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773);
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) Child nutrition act of 1966.--Section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding at
the end the following:
``(f) Prohibition on Breakfast Shaming.--A school or school food
authority shall not--
``(1) physically segregate or otherwise discriminate
against any child participating in the free breakfast program
under this section; 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.''.
(g) Department of Defense Overseas Dependents' Schools.--Section
20(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1789(b)) is
amended--
(1) by striking ``and reduced-price''; and
(2) by striking ``and shall'' and all that follows through
``section''.
(h) Conforming Amendments.--The Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.) is amended--
(1) by striking ``or reduced price'' each place it appears;
(2) by striking ``and reduced price'' each place it
appears; and
(3) by striking ``a reduced price'' each place it appears.
TITLE II--SCHOOL LUNCH PROGRAM
SEC. 201. 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, suppers, and supplements)
during the last school year of which not less
than 25 percent were made with locally-sourced
farm products.
``(iii) Payment amount.--
``(I) In general.--The additional
payment amount under this subparagraph
shall be--
``(aa) $0.30 for each free
lunch and supper;
``(bb) $0.21 for each free
breakfast; and
``(cc) $0.08 for each free
supplement.
``(II) Adjustments.--Each
additional payment amount under
subclause (I) shall be 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, 2021, and annually
thereafter, the national average payment rate for free
lunch and the additional payment amount for free
breakfast, lunch, supper, and supplement under
subparagraph (B) shall be--
``(i) adjusted to the nearest lower-cent
increment; and
``(ii) based on the unrounded amounts for
the preceding 12-month period.''; and
(2) by striking paragraph (3).
SEC. 202. 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 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758) is amended--
(i) in subsection (c), in the third
sentence, by striking ``or at a reduced cost'';
and
(ii) in subsection (e), by striking ``,
reduced price,''.
(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) by striking subparagraph (B); and
(ii) in subparagraph (A), by striking the
subparagraph designation and heading and all
that follows through ``the Secretary'' and
inserting ``The Secretary''.
(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) 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.--
(A) In general.--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) 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.''.
(B) Conforming amendments.--Section 9(b)(8)(A) of
the Richard B. Russell National School Lunch Act (42
U.S.C. 1758(b)(8)(A)) is amended by striking ``or
subsection (d)''.
SEC. 203. 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. 204. 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. 205. 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.'';
and
(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.''; and
(4) in subsection (f)(3), by striking ``, except that'' and
all that follows through ``section''.
SEC. 206. 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) 1 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 2021, 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 2021 and each fiscal year thereafter.''.
SEC. 207. 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, $0.96,
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.''; and
(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: ``for--
``(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. 208. 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, 2021, 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. 209. 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. 210. 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:
``(2) 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. 211. 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 to receive free or reduced price
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. 212. 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.
SEC. 213. CONFORMING AMENDMENTS.
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.
TITLE III--ELEMENTARY AND SECONDARY EDUCATION DATA
SEC. 301. MEASURE OF POVERTY.
Section 1113(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6313(a)) is amended--
(1) in paragraph (5)(A), by striking ``the number of
children eligible for a free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.)'' and inserting ``the number of identified students'';
and
(2) by adding at the end the following:
``(8) Identified students defined.--
``(A) In general.--In this subsection, the term
`identified students' means the number of students--
``(i) who are--
``(I) homeless children and youths,
as defined under section 725(2) of the
McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2));
``(II) runaway and homeless youth
served by programs established under
the Runaway and Homeless Youth Act (34
U.S.C. 11201 et seq.);
``(III) migratory children, as
defined under section 1309; or
``(IV) foster children;
``(ii) who are eligible for and receiving
medical assistance under the program of medical
assistance established under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.);
or
``(iii) who participate (or who are part of
a household that participates) in at least one
of the following:
``(I) The supplemental nutrition
assistance program established under
the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.).
``(II) A State program funded under
the program of block grants to States
for temporary assistance for needy
families established under part A of
title IV of the Social Security Act (42
U.S.C. 601 et seq.).
``(III) The food distribution
program on Indian reservations
established under section 4(b) of the
Food and Nutrition Act of 2008 (7
U.S.C. 2013(b)).
``(IV) A Head Start program
authorized under the Head Start Act (42
U.S.C. 9831 et seq.) or a comparable
State-funded Head Start or pre-
kindergarten program.
``(B) Multiplier.--In determining the number of
identified students under subparagraph (A), the local
educational agency shall multiply the number determined
under such subparagraph by 1.6.''.
TITLE IV--AMENDMENTS TO OTHER PROGRAMS AND LAWS
SEC. 401. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) Agreement for Direct Certification.--
(1) In general.--Section 11 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2020) is amended--
(A) by striking subsection (u); and
(B) by redesignating subsections (v) through (x) as
subsections (u) through (w), respectively.
(2) Conforming amendments.--Section 11(e) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended--
(A) in paragraph (8)(F), by striking ``or
subsection (u)''; and
(B) in paragraph (26)(B), by striking ``(x)'' and
inserting ``(w)''.
(b) Nutrition Education and Obesity Prevention Grant Program.--
Section 28(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a(a))
is amended by striking paragraph (1) and inserting the following:
``(1) an individual eligible for benefits under this
Act;''.
SEC. 402. HIGHER EDUCATION ACT OF 1965.
(a) Teacher Quality Enhancement.--Subparagraph (A) of section
200(11) of the Higher Education Act of 1965 (20 U.S.C. 1021(11)) is
amended to read as follows:
``(A) In general.--The term `high-need school'
means a school that is in the highest quartile of
schools in a ranking of all schools served by a local
educational agency, ranked in descending order by
percentage of students from low-income families
enrolled in such schools, as determined by the local
educational agency based on one of the following
measures of poverty:
``(i) The percentage of students aged 5
through 17 in poverty counted in the most
recent census data approved by the Secretary.
``(ii) The percentage of students in
families receiving assistance under the State
program funded under the program of block
grants to States for temporary assistance for
needy families established under part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.).
``(iii) The percentage of students eligible
to receive medical assistance under the program
of medical assistance established under title
XIX of the Social Security Act (42 U.S.C. 1396
et seq.).
``(iv) A composite of two or more of the
measures described in clauses (i) through
(iii).''.
(b) GEAR Up.--Subparagraph (A) of section 404B(d)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1070a-22(d)(1)) is amended to read as
follows:
``(A) provide services under this chapter to at
least one grade level of students, beginning not later
than 7th grade, in a participating school--
``(i) that has a 7th grade; and
``(ii) in which--
``(I) at least 50 percent of the
students enrolled are identified
students (as defined in section
1113(a)(8) of the Elementary and
Secondary Education Act of 1965); or
``(II) if an eligible entity
determines that it would promote the
effectiveness of a program, an entire
grade level of students, beginning not
later than the 7th grade, reside in
public housing, as defined in section
3(b)(1) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(1)).''.
(c) Simplified Needs Test.--Section 479(d)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1087ss(d)(2)) is amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraphs (D) through (F) as
subparagraphs (C) through (E), respectively.
(d) Early Federal Pell Grant Commitment Demonstration Program.--
Section 894(b) of the Higher Education Act of 1965 (20 U.S.C. 1161y(b))
is amended--
(1) in paragraph (1)(B), by striking ``qualify for a free
or reduced price school lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)'' and inserting
``are identified students (as defined in section 1113(a)(8) of
the Elementary and Secondary Education Act of 1965)''; and
(2) in paragraph (5), by striking ``eligible for a free or
reduced price school lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)'' and inserting
``identified students (as defined in section 1113(a)(8) of the
Elementary and Secondary Education Act of 1965)''.
SEC. 403. ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
(a) Literacy Education for All.--Section 2221(b)(3)(B) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6641(b)(3)(B)) is amended--
(1) by striking clause (i); and
(2) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively.
(b) Grants for Education Innovation and Research.--Section
4611(d)(2) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7261(d)(2)) is amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(c) Eligibility for Heavily Impacted Local Educational Agencies.--
Item (bb) of section 7003(b)(2)(B)(i)(III) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) is
amended to read as follows:
``(bb) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that is not less than 30
percent; or''.
SEC. 404. AMERICA COMPETES ACT.
Section 6122(3) of the America COMPETES Act (20 U.S.C. 9832(3)) is
amended by striking ``data on children eligible for free or reduced-
price lunches under the Richard B. Russell National School Lunch
Act,''.
SEC. 405. WORKFORCE INNOVATION AND OPPORTUNITY ACT.
Section 3(36)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102(36)(A)) is amended--
(1) by striking clause (iv); and
(2) by redesignating clauses (v) and (vi) as clauses (iv)
and (v), respectively.
SEC. 406. NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 2002.
Section 4(8) of the National Science Foundation Authorization Act
of 2002 (42 U.S.C. 1862n note) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
SEC. 407. CHILD CARE AND DEVELOPMENT BLOCK GRANT.
Section 658O(b) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858m(b)) is amended--
(1) in paragraph (1)(B), by striking ``school lunch
factor'' and inserting ``identified students factor''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Identified students factor.--The term `identified
students factor' means the ratio of the number of children in
the State 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))) to the number of
such children in all the States as determined annually by the
Secretary of Education.''.
SEC. 408. CHILDREN'S HEALTH ACT OF 2000.
Section 1404(b) of the Children's Health Act of 2000 (42 U.S.C.
9859c(b)) is amended--
(1) in paragraph (1)(B), by striking ``school lunch
factor'' and inserting ``identified students factor''; and
(2) by amending paragraph (3) to read as follows:
``(3) Identified students factor.--In this subsection, the
term `identified students factor' means the ratio of the number
of children in the State 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))) to the
number of such children in all the States as determined
annually by the Secretary of Education.''.
SEC. 409. JUVENILE JUSTICE AND DELINQUENCY PREVENTION.
Section 252(i) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (34 U.S.C. 11162(i)) is amended to read as follows:
``(i) Free School Lunches for Incarcerated Juveniles.--
``(1) In general.--A juvenile who is incarcerated in an
eligible juvenile detention center is eligible to receive free
lunch under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.).
``(2) Guidance.--Not later than 1 year after the date of
the enactment of the Universal School Meals Program Act of
2021, the Attorney General, in consultation with the Secretary
of Agriculture, shall provide guidance to States relating to
the options for school food authorities in the States to apply
for reimbursement for free lunches under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) for
juveniles who are incarcerated.
``(3) Eligible juvenile detention center defined.--In this
subsection, the term `eligible juvenile detention center' does
not include any private, for-profit detention center.''.
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