[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6227 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 6227
To amend the Richard B. Russell National School Lunch Act to allow
direct certification of children in households of active duty members
of the Armed Forces for certain Federal school meal programs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 9, 2021
Mr. Levin of California (for himself, Mrs. Rodgers of Washington, Mr.
Bishop of Georgia, and Mr. Hudson) introduced the following bill; which
was referred to the Committee on Education and Labor, and in addition
to the Committee on Armed Services, 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 Richard B. Russell National School Lunch Act to allow
direct certification of children in households of active duty members
of the Armed Forces for certain Federal school meal programs, 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.
This Act may be cited as the ``Military Dependents School Meal
Eligibility Act of 2021''.
SEC. 2. DIRECT CERTIFICATION FOR DEPENDENT CHILDREN OF ACTIVE DUTY
MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 9 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758) is amended--
(1) in subsection (b)--
(A) in paragraph (5)--
(i) by striking ``certification.--Subject
to paragraph (6), any local educational
agency'' and inserting the following:
``certification.--
``(A) Free lunches or breakfasts.--Subject to
paragraph (6), any local educational agency or, in the
case of a school that is operated by the Department of
Defense Education Activity, the administration of such
school,'';
(ii) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv) and
adjusting the margins accordingly;
(iii) in clause (iv), as so redesignated,
by striking ``or'' at the end;
(iv) by inserting after clause (iv), as so
redesignated, the following:
``(v) a member of a household in which a
child is a dependent of an active duty member
of the Armed Forces and such active duty member
has a military income (as defined in paragraph
(16)(C)) that does not exceed 130 percent of
the poverty line (as defined by the Office of
Management and Budget).'';
(v) in subparagraph (E)--
(I) by redesignating such
subparagraph as clause (vi) and
adjusting the margins accordingly; and
(II) by redesignating clauses (i)
and (ii) of such subparagraph as
subclauses (I) and (II) and adjusting
the margins accordingly; and
(vi) by adding at the end the following:
``(B) Reduced price lunches or breakfasts.--Subject
to paragraph (6), any local educational agency may
certify any child who is not eligible for free school
lunch or breakfast as eligible for reduced price
lunches or breakfasts, without further application, by
directly communicating with the appropriate State or
local agency to obtain documentation of the status of
the child as a member of a household in which a child
is a dependent of an active duty member of the Armed
Forces and such active duty member has a military
income (as defined in paragraph (16)(C)) that does not
exceed 185 percent of the poverty line (as defined by
the Office of Management and Budget).'';
(B) in paragraph (6)(A)--
(i) in clause (iv)(II), by striking ``and''
at the end;
(ii) in clause (v), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(vi) a person directly connected with the
administration or enforcement of the Department
of Defense Integrated Personnel and Pay
System.''; and
(C) by adding at the end the following:
``(16) Direct certification for dependent children of
active duty members of the armed forces.--
``(A) Agreement.--
``(i) In general.--For purposes of making
eligibility determinations with respect to
certifying children under subparagraph (A)(v)
or (B) of paragraph (5), a State agency shall
enter into an agreement with the Secretary of
Defense.
``(ii) Without further application.--
Subject to paragraph (6), the agreement
described in clause (i) shall establish
procedures for certifying children under
subparagraph (A)(v) or (B) of paragraph (5),
without further application (as defined in
paragraph (4)(G)).
``(B) Access to data.--For purposes of carrying out
this paragraph and subparagraph (A)(v) or (B) of
paragraph (5), the Secretary of Defense shall provide
the Secretary with access to non-classified income
information as may be necessary to determine the
military income of an active duty member of the Armed
Forces.
``(C) Military income.--
``(i) Military income defined.--For
purposes of this subsection, the term `military
income' means, with respect to an active duty
member of the Armed Forces, the basic pay,
basic allowance for subsistence, bonuses, and
special and incentive payments of such member,
as reported by the Department of Defense
Integrated Personnel and Pay System.
``(ii) Special rule.--In the case of a
child who is the dependent of one or more
active duty members of the Armed Forces, the
Secretary, in determining eligibility under
subparagraph (A)(v) or (B) of paragraph (5),
shall use the lesser of the military incomes of
such members.''; and
(2) in subsection (d)(2)--
(A) in subparagraph (F)(ii), by striking the ``or''
at the end;
(B) in subparagraph (G), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(H) documentation has been provided to the
appropriate local educational agency or administration
of a school that is operated by the Department of
Defense Education Activity showing the status of the
child as a member of a household described in
subparagraph (A)(v) or (B) of subsection (b)(5).''.
(b) Clarification.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide a process for a
parent or guardian whose child is directly certified under subparagraph
(A)(v) or (B) of section 9(b) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(b)), as added by this section, to remove such
certification.
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