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S. 1530 (117th): Universal School Meals Program Act of 2021


The text of the bill below is as of May 10, 2021 (Introduced). The bill was not enacted into law.

Summary of this bill

Should the program be a pandemic-only measure, as it was originally intended?

Context

For children living with food insecurity, school meals can be a lifeline.

With so many schools shut down during the COVID-19 pandemic, the Trump administration’s Agriculture Department provided funding for “universal” free school meals through June 30, 2021, the end of the just-completed school year from additional funding provided by Congress. That provision applied to any student, regardless of income.

The Biden administration extended the “universal” free school meal program for another year, through June 30, 2022, the end of next school year, again after additional funding was appropriated by Congress.

Republicans say it’s time …


II

117th CONGRESS

1st Session

S. 1530

IN THE SENATE OF THE UNITED STATES

May 10, 2021

(for himself, Mrs. Gillibrand, Ms. Warren, Mr. Padilla, Mr. Blumenthal, Mr. Booker, Mr. Van Hollen, Ms. Smith, Mr. Wyden, Mr. Heinrich, and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

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.

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.

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.

I

School Breakfast Program

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.

II

School Lunch Program

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).

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).

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.

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.

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.

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.

.

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.

.

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.

.

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)));

.

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.

.

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)).

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.

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.

III

Elementary and Secondary Education Data

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.

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IV

Amendments to Other Programs and Laws

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;

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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).

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

.

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,.

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.

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.

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.

.

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.

.

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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