Healthy Meals, Healthy Kids Act
This bill reauthorizes and expands (1) child nutrition programs, including the National School Lunch Program (NSLP) and other institutional food service programs; and (2) the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8450 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8450
To reauthorize child nutrition programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2022
Mr. Scott of Virginia (for himself and Ms. Bonamici) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
To reauthorize child nutrition 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Healthy Meals,
Healthy Kids Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--EXPANDING ACCESS TO SCHOOL MEALS
Sec. 101. Emergency waivers or modifications.
Sec. 102. Direct certification for children receiving Medicaid
benefits.
Sec. 103. Expanding community eligibility.
TITLE II--ENSURING THE LONG-TERM VIABILITY OF SCHOOL MEAL PROGRAMS
Subtitle A--Programs Under the Richard B. Russell National School Lunch
Act
Sec. 201. Increasing reimbursement rate of school meals.
Sec. 202. Statewide technology solutions included as State
administrative costs.
Sec. 203. Annual reimbursement rate and commodity improvements.
Sec. 204. Food service management.
Sec. 205. Kitchen improvement and personnel training.
Subtitle B--Programs Under the Child Nutrition Act of 1966
Sec. 211. Professional development and training.
Sec. 212. Technology and infrastructure improvement.
Sec. 213. State administrative expenses.
TITLE III--MODERNIZING THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN (WIC)
Sec. 301. Adjunctive eligibility.
Sec. 302. WIC eligibility and certification periods.
Sec. 303. Certification and recertification determinations and
nutritional risk evaluations.
Sec. 304. Paperwork reduction.
Sec. 305. Nutrition education materials related to food allergies.
Sec. 306. Breastfeeding supply coverage.
Sec. 307. Water benefits during disasters.
Sec. 308. Infant formula procurement online source of information.
Sec. 309. Breastfeeding peer counselor program.
Sec. 310. Product pricing.
Sec. 311. WIC A50 stores.
Sec. 312. WIC EBT Modernization.
Sec. 313. Spend forward authorities.
Sec. 314. Administrative simplification.
Sec. 315. Authorization of appropriations.
Sec. 316. WIC farmers' market nutrition program.
Sec. 317. Supporting Healthy Mothers and Infants.
TITLE IV--MODERNIZING THE CHILD AND ADULT CARE FOOD PROGRAM
Sec. 401. Eligibility certification criteria for proprietary child care
centers.
Sec. 402. Automatic eligibility for children in supplemental nutrition
assistance households.
Sec. 403. Review of serious deficiency process.
Sec. 404. Authorization of reimbursements for additional meal or snack.
Sec. 405. Adjustments.
Sec. 406. Age limits in homeless shelters and emergency shelters.
Sec. 407. Advisory committee on paperwork reduction.
TITLE V--ADDRESSING CHILD FOOD INSECURITY DURING THE SUMMER
Sec. 501. Summer food service program for children.
Sec. 502. Summer electronic benefits transfer for children program.
TITLE VI--IMPROVING CAPACITY AND PROMOTING SUSTAINABILITY
Sec. 601. Values-aligned procurement.
Sec. 602. Procurement training.
Sec. 603. Buy American.
Sec. 604. Plant-based foods in schools.
Sec. 605. Food waste and nutrition education.
Sec. 606. Farm to school grant program.
TITLE VII--SUPPORTING TRIBES AND FREELY ASSOCIATED STATES
Sec. 701. Tribally operated meal and snack pilot project.
Sec. 702. Island areas eligibility feasibility study under the Richard
B. Russell National School Lunch Act.
TITLE VIII--ADDRESSING LUNCH SHAMING AND UNPAID MEAL DEBT
Sec. 801. Unpaid meal debt.
Sec. 802. National advisory council on unpaid meal debt in child
nutrition programs.
TITLE IX--STRENGTHENING EVIDENCE-BASED NUTRITION STANDARDS
Sec. 901. Updating nutrition standards for meal patterns.
Sec. 902. Non-nutritive sweeteners, synthetic dyes, and other
potentially harmful substances in school
meals.
TITLE X--OTHER MATTERS
Subtitle A--Programs Under the Richard B. Russell National School Lunch
Act
Sec. 1001. Accommodating dietary requirements.
Sec. 1002. Data protections for household applications.
Sec. 1003. Eating disorder prevention.
Sec. 1004. Compliance and accountability.
Sec. 1005. National hunger hotline and clearinghouse.
Sec. 1006. Ensuring adequate meal time.
Subtitle B--Programs Under the Child Nutrition Act of 1966
Sec. 1011. Enhancing nutrition education.
Subtitle C--Improving Food Donations
Sec. 1021. Food donation in schools.
Sec. 1022. Bill Emerson Good Samaritan Food Donation Act.
Sec. 1023. Regulations.
Subtitle D--Miscellaneous
Sec. 1031. Technical amendments.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--EXPANDING ACCESS TO SCHOOL MEALS
SEC. 101. EMERGENCY WAIVERS OR MODIFICATIONS.
Section 12 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760) is amended--
(1) by inserting the following after subsection (j):
``(k) Emergency Waivers or Modifications.--
``(1) In general.--Except as provided in paragraph (4),
during an emergency period, the Secretary may waive (including
by modifying) any requirement under this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or any
regulation issued under either such Act, for States or eligible
service providers on a multi-State, State, or eligible service
provider basis if--
``(A) the requirement cannot reasonably be
implemented under the conditions which prompted the
emergency period in the affected area;
``(B) a State or eligible service provider requests
a waiver in a format prescribed by the Secretary;
``(C) in the case of a request by an eligible
service provider under subparagraph (B), the State in
which such eligible service provider is located
includes a statement of support or opposition with
respect to the request; and
``(D) the Secretary determines that the waiver
would--
``(i) facilitate the ability of such States
or eligible service providers to carry out the
purpose of such Acts; and
``(ii) not decrease access to, or
eligibility for, any program under such Acts.
``(2) Nationwide, regional, and statewide basis.--Except as
provided in paragraph (3), during an emergency period, the
Secretary may waive (including by modifying) any requirement
under this Act or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), or any regulation issued under either such Act,
on a nationwide, regional, or statewide basis if the Secretary
determines that the waiver would--
``(A) facilitate the ability of States or eligible
service providers to carry out the purpose of such
Acts.
``(3) Duration.--A waiver established under this subsection
may be available for a period of not greater than the emergency
period and the 90 days after the end of the emergency period.
``(4) Limitations.--A waiver under this subsection is
subject to the limitations in subsection (l)(4).
``(5) Definitions.--In this subsection:
``(A) Eligible service provider.--The term
`eligible service provider' has the meaning given the
term in subsection (l).
``(B) Emergency period.--The term `emergency
period' means a period during which there exists--
``(i) a major disaster declared by the
President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170);
``(ii) an emergency declared by the
President under section 501 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191);
``(iii) a public health emergency declared
by the Secretary of Health and Human Services
under section 319 of the Public Health Service
Act (42 U.S.C. 247d); or
``(iv) any renewal of such a public health
emergency pursuant to such section 319.''; and
(2) in subsection (l)--
(A) in paragraph (1)(A)--
(i) by striking ``Except as'' and all that
follows through ``requests a waiver'' and
inserting ``Except as provided in paragraph
(4), the Secretary may waive (including by
modifying) any requirement under this Act or
the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), or any regulation issued under either
such Act, on a nationwide, State, multi-State,
or eligible service provider basis'';
(ii) by redesignating clauses (i) through
(iii) as clauses (ii) through (iv),
respectively; and
(iii) by inserting the following new clause
(i):
``(i) a State or eligible service provider requests the
waiver;'';
(B) by striking paragraph (2)(B) and inserting the
following:
``(B) An application described in subparagraph (A) shall--
``(i) be submitted in a format prescribed by the Secretary;
``(ii) be completed by the State or eligible service
provider;
``(iii) be submitted to the Secretary by--
``(I) the State; or
``(II) an eligible service provider through the
State; and
``(iv) if submitted as described in clause (iii)(II),
include a statement of support or opposition from the State.'';
(C) in paragraph (4)(A), by striking ``content of
meals served'' and inserting ``standards''; and
(D) in paragraph (7), by striking subparagraphs (A)
through (C) and inserting the following:
``(A) a local school food service authority, local
educational agency, or school;
``(B) a service institution or private nonprofit
organization described in section 13; or
``(C) institutions described in section 17.''.
SEC. 102. DIRECT CERTIFICATION FOR CHILDREN RECEIVING MEDICAID
BENEFITS.
Section 9 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1758(b)) is amended--
(1) in subsection (b)--
(A) by amending paragraph (5) to read as follows:
``(5) Discretionary certification.--
``(A) Free lunches or breakfasts.--Subject to
paragraph (6), any local educational agency may certify
any child as eligible for free 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--
``(i) a member of a family that is
receiving assistance under the temporary
assistance for needy families program funded
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.);
``(ii) a homeless child or youth (defined
as 1 of the individuals described in section
725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2));
``(iii) served by the runaway and homeless
youth grant program established under the
Runaway and Homeless Youth Act (42 U.S.C. 5701
et seq.);
``(iv) a migratory child (as defined in
section 1309 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6399));
``(v) an eligible child (as defined in
paragraph (15)(A)); or
``(vi)(I) a foster child whose care and
placement is the responsibility of an agency
that administers a State plan under part B or E
of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
``(II) a foster child who a court has
placed with a caretaker household.
``(B) Reduced price lunches or breakfasts.--Subject
to paragraph (6), any local educational agency may
certify any child who is not eligible for free lunches
or breakfasts 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 child eligible for reduced price meals (as
defined in paragraph (15)(A)).'';
(B) in paragraph (6)(A), by striking ``or (5)''
both places it appears and inserting ``(5), or (15)'';
and
(C) in paragraph (15)--
(i) in subparagraph (A)--
(I) by amending clause (i) to read
as follows:
``(i) Eligible child.--The term `eligible
child' means a child--
``(I)(aa) who is eligible for and
receiving medical assistance under the
Medicaid program; and
``(bb) who is a member of a family
with an income as measured by the
Medicaid program that does not exceed
133 percent of the poverty line (as
determined under the poverty guidelines
updated periodically in the Federal
Register by the Department of Health
and Human Services under the authority
of section 673(2) of the Community
Services Block Grant Act (42 U.S.C.
9902(2), including any revision
required by such section)) applicable
to a family of the size used for
purposes of determining eligibility for
the Medicaid program;
``(II) who is eligible for the
Medicaid program because such child
receives supplemental security income
benefits under title XVI of the Social
Security Act (42 U.S.C. 1381-1385) or
State supplementary benefits of the
type referred to in section 1616(a) of
such Act (or payments of the type
described in section 212(a) of Public
Law 93-66);
``(III) who is eligible for the
Medicaid program because such child
receives an adoption assistance payment
made under section 473(a) of the Social
Security Act (42 U.S.C. 673(a)) or
under a similar State-funded or State-
operated program, as determined by the
Secretary;
``(IV) who is eligible for the
Medicaid program because such child
receives a kinship guardianship
assistance payment made under section
473(d) of the Social Security Act (42
U.S.C. 673(d)) or under a similar
State-funded or State-operated program,
as determined by the Secretary, without
regard to whether such child was
previously in foster care; or
``(V) who is a member of a
household (as that term is defined in
section 245.2 of title 7, Code of
Federal Regulations (or successor
regulations)) with a child described in
subclause (I), (II), (III), or (IV).'';
and
(II) by adding at the end the
following:
``(iii) Child eligible for reduced price
meals.--The term `child eligible for reduced
price meals' means a child--
``(I)(aa) who is eligible for and
receiving medical assistance under the
Medicaid program; and
``(bb) who is a member of a family
with an income as measured by the
Medicaid program that is greater than
133 percent but does not exceed 185
percent of the poverty line (as
determined under the poverty guidelines
updated periodically in the Federal
Register by the Department of Health
and Human Services under the authority
of section 673(2) of the Community
Services Block Grant Act (42 U.S.C.
9902(2), including any revision
required by such section)) applicable
to a family of the size used for
purposes of determining eligibility for
the Medicaid program; or
``(II) who is a member of a
household (as that term is defined in
section 245.2 of title 7, Code of
Federal Regulations (or successor
regulations)) with a child described in
subclause (I).'';
(ii) by striking subparagraphs (B), (C),
(D), (E), (G), and (H);
(iii) in subparagraph (F)--
(I) in the enumerator, by striking
``(F)'' and inserting ``(D)''; and
(II) by striking ``conducting the
demonstration project under this
paragraph'' and inserting ``carrying
out this paragraph''; and
(iv) by inserting after subparagraph (A)
the following:
``(B) Agreements to carry out certification.--To
certify a child under subparagraph (A)(v) or (B) of
paragraph (5), a State agency shall enter into an
agreement with 1 or more State agencies conducting
eligibility determinations for the Medicaid program.
``(C) Procedures.--Subject to paragraph (6), an
agreement under subparagraph (B) shall establish
procedures under which--
``(i) an eligible child may be certified
for free lunches under this Act and free
breakfasts under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773), without
further application (as defined in paragraph
(4)(G)); and
``(ii) a child eligible for reduced price
meals may be certified for reduced price
lunches under this Act and reduced price
breakfasts under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773), without
further application (as defined in paragraph
(4)(G)).''; and
(2) in subsection (d)(2)(G), by inserting ``or child
eligible for reduced price meals'' after ``eligible child''.
SEC. 103. EXPANDING COMMUNITY ELIGIBILITY.
(a) Multiplier and Threshold Adjusted.--
(1) Multiplier.--Clause (vii) of section 11(a)(1)(F) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(a)(1)(F)) is amended to read as follows:
``(vii) Multiplier.--For each school year
beginning on or after July 1, 2023, the
Secretary shall use a multiplier of 2.5.''.
(2) Threshold.--Clause (viii) of section 11(a)(1)(F) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(a)(1)(F)) is amended to read as follows:
``(viii) Threshold.--For each school year
beginning on or after July 1, 2023, the
threshold shall be not more than 25 percent.''.
(3) Applicability.--The amendments made by this subsection
shall apply to a local educational agency with respect to a
school year beginning on or after July 1, 2023, for which such
local educational agency elects to receive special assistance
payments under subparagraph (F) of section 11(a)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(a)(1)).
(b) Statewide Community Eligibility.--Section 11(a)(1)(F) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F))
is amended by adding at the end the following:
``(xiv) Statewide community eligibility.--
For each school year beginning on or after July
1, 2023, the Secretary shall establish an
option for States to utilize a statewide
community eligibility program under which, in
the case of a State agency that agrees to
provide funding from sources other than Federal
funds to ensure that local educational agencies
in the State receive the free reimbursement
rate for 100 percent of the meals served at
applicable schools--
``(I) the multiplier described in
clause (vii) shall apply;
``(II) the threshold described in
clause (viii) shall be applied by
substituting `zero' for `25'; and
``(III) the percentage of enrolled
students who were identified students
shall be calculated across all
applicable schools in the State
regardless of local educational
agency.''.
TITLE II--ENSURING THE LONG-TERM VIABILITY OF SCHOOL MEAL PROGRAMS
Subtitle A--Programs Under the Richard B. Russell National School Lunch
Act
SEC. 201. INCREASING REIMBURSEMENT RATE OF SCHOOL MEALS.
Section 4(b)(2) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1753(b)(2)) is amended by striking ``10.5 cents'' and
inserting ``20.5 cents''.
SEC. 202. STATEWIDE TECHNOLOGY SOLUTIONS INCLUDED AS STATE
ADMINISTRATIVE COSTS.
Section 4(b)(3)(F)(i) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1753(b)(3)(F)(i)) is amended by inserting
``statewide technology solutions,'' after ``certification,''.
SEC. 203. ANNUAL REIMBURSEMENT RATE AND COMMODITY IMPROVEMENTS.
(a) Direct Federal Expenditures.--Section 6 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1755(c)(1)) is amended--
(1) by amending subsection (b) to read as follows:
``(b) The Secretary shall deliver, to each State participating in
the school lunch program under this Act and the school breakfast
program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773) commodities valued at the total level of assistance authorized
under subsections (c) and (d) for each school year for the school lunch
and school breakfast programs in the State, not later than September 30
of the following school year.'';
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``National school lunch commodity assistance.--
``(1)(A) Not later than January 15 of each year after the
date of the enactment of the Healthy Meals, Healthy Kids Act,
the Secretary shall--
``(i) calculate the national average value of
donated foods, or cash payments in lieu thereof, in
accordance with subparagraph (B); and
``(ii) adjust the amount calculated under clause
(i) by the annual percentage change in the 3-month
average value of the Producer Price Index for Foods
Used in Schools and Institutions--
``(I) for the preceding August, September,
and October, computed to the nearest \1/4\
cent;
``(II) using 5 major food components in the
Producer Price Index of the Bureau of Labor
Statistics, which are--
``(aa) cereal and bakery products;
``(bb) meats, poultry, and fish;
``(cc) dairy products;
``(dd) processed fruits and
vegetables; and
``(ee) fats and oils; and
``(III) weighing each such component using
the same relative weight as determined by the
Bureau of Labor Statistics.
``(B) The national average value of donated foods, or cash
payments in lieu thereof, shall be equal to 12 percent of the
quotient obtained by dividing--
``(i) the total assistance provided in the
preceding school year under section 4, this section,
and section 11; by
``(ii) the number of lunches served in the
preceding school year.
``(C) Not later than January 15 of each year after the date
of the enactment of the Healthy Meals, Healthy Kids Act, the
Secretary shall calculate the total commodity assistance or
cash payments in lieu thereof available to a State for the
upcoming school year by multiplying the number of lunches
served in the most recent school year for which data are
available by the rate established in subparagraph (A). The
Secretary shall also annually reconcile the amount of commodity
assistance or cash payments in lieu thereof made available
under this subparagraph with the amount of assistance used by
each State and increase or reduce subsequent commodity
assistance or cash payments in lieu thereof based on such
reconciliation.'';
(3) by amending subsection (d) to read as follows:
``(d) School Breakfast Level of Commodity Assistance.--
``(1) In general.--The national average value of donated
foods for school breakfasts, or cash payments in lieu thereof,
shall be 6 cents, adjusted in the same manner as the amount
calculated under clause (i) of subparagraph (A) of subsection
(c)(1) is adjusted under clause (ii) of such subparagraph.
``(2) Allocation.--Not later than January 15 of each year
after the date of the enactment of the Healthy Meals, Healthy
Kids Act, the Secretary shall--
``(A) calculate the total commodity assistance or
cash payments in lieu thereof available to a State for
the upcoming school year by multiplying the number of
breakfasts served in the most recent school year for
which data are available by the rate established in
paragraph (1); and
``(B) annually reconcile the amount of commodity
assistance or cash payments in lieu thereof made
available under this subparagraph with the amount of
assistance used by each State and increase or reduce
subsequent commodity assistance or cash payments in
lieu thereof based on such reconciliation.'';
(4) by striking subsection (e); and
(5) by redesignating subsection (f) as subsection (e).
(b) Special Assistance.--Section 11(a)(3)(B)) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is
amended--
(1) in clause (ii)--
(A) by striking ``most recent''; and
(B) by inserting ``ending on the preceding April
30'' after ``12-month period''; and
(2) in clause (iii), by inserting ``ending on April 30''
after ``12-month period''.
SEC. 204. FOOD SERVICE MANAGEMENT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall issue a request for information and data
collection from State agencies and school food authorities regarding
the role of food service management companies in carrying out the
programs under the Richard B. National School Lunch Act (42 U.S.C. 1751
et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
including information on--
(1) participation of small, women- and minority-owned
businesses as food service management companies;
(2) food service management contract practices; and
(3) use of funds by food service management companies to
assist, promote, or deter organizing by a labor organization,
including any action to enter into contracts in order to avoid,
undermine, or violate any collective bargaining or a
requirement to meet and confer.
SEC. 205. KITCHEN IMPROVEMENT AND PERSONNEL TRAINING.
(a) Scratch Cooking Defined.--Section 12(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1760(d)) is amended by--
(1) redesignating paragraphs (7) through (9) as paragraphs
(8) through (10), respectively; and
(2) by adding after paragraph (6) the following:
``(7) Scratch cooking.--The term `scratch cooking' means
the preparation of food using ingredients that are unprocessed
or minimally processed.''.
(b) Training and Technical Assistance for School Food Service
Personnel.--The Richard B. Russell National School Lunch Act is amended
by inserting after section 21 (42 U.S.C. 1769b-1) the following:
``SEC. 21A. GRANTS TO SUPPORT SCRATCH COOKING.
``(a) Establishment.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall establish a program to
award grants, on a competitive basis, to school food authorities to
promote scratch cooking.
``(b) Application.--To be eligible for a grant under this section,
a school food authority shall submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require.
``(c) Grant Amounts and Duration.--
``(1) Grant amount.--The Secretary shall award a grant of
not more than $100,000 to each school food authority with an
application selected under this subsection.
``(2) Grant period.--A grant awarded under this section
shall be for a period of not more than 2 years.
``(d) Grant Uses.--A school food authority that receives a grant
under this section shall use such grant funds to promote scratch
cooking, including by--
``(1) offering professional development and training
related to preparing, procuring, advertising, serving, and
creating menus of meals made with scratch cooking;
``(2) investing in software and technology systems for
procurement to support scratch cooking;
``(3) compensating employees for additional food
preparation required for scratch cooking;
``(4) providing technical assistance, student engagement,
and education with respect to scratch cooking, including taste
tests, recipe development, and culinary education; or
``(5) carrying out any additional activities to promote
scratch cooking that will help school food authorities meet or
exceed the nutrition standards for the school lunch program
authorized under this Act and the school breakfast program
established by section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773).
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to school food authorities--
``(1) that serve the greatest proportion of students
eligible for free or reduced price lunch under this Act; and
``(2) that--
``(A) are self-operated; or
``(B) provide an assurance to the Secretary that
the school food authority will be self-operated on or
before the date that is 1 year before the last day of
the grant period.
``(f) Technical Assistance Center.--
``(1) In general.--The Secretary shall enter into an
agreement with one or more eligible third-party institutions to
establish and carry out a single technical assistance and
resource center to provide technical assistance for school food
service personnel.
``(2) Collaboration requirement.--As soon as practicable
after receiving a grant under this section, a school food
authority shall collaborate with the technical assistance and
resource center established under paragraph (1) to--
``(A) conduct a scratch cooking needs assessment to
evaluate, with respect to such school food authority--
``(i) equipment needs;
``(ii) equipment utilization;
``(iii) procurement processes; and
``(iv) workforce capabilities; and
``(B) establish a strategic plan based on such
needs assessment to carry out the activities under
subsection (d).
``(3) Eligible third-party institutions.--
``(A) Eligible third-party institution defined.--
For purposes of this subsection, the term `eligible
third-party institution' means--
``(i) a nonprofit organization with
demonstrated experience in food or nutrition
services training and technical assistance;
``(ii) an institution of higher education
as defined in section 101 or 102(a)(1)(B) of
the Higher Education Act of 1965 (20 U.S.C.
1001; 1002(a)(1)(B));
``(iii) an area career and technical
education school as defined in section 3 of the
Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302); or
``(iv) a consortium of entities described
in subclauses (I) through (III).
``(B) Criteria for eligible third-party
institutions.--The Secretary shall establish specific
criteria that eligible third-party training
institutions must meet to qualify to enter into an
agreement under paragraph (1), which shall include--
``(i) prior successful experience in
providing or engaging in training and technical
assistance programming or applied research
activities involving eligible entities, school
food service administrators, or school food
service directors;
``(ii) prior successful experience in
developing relevant educational training tools
or course materials or curricula on topics
addressing child and school nutrition or the
updated nutrition standards under section
4(b)(3); and
``(iii) the ability to deliver effective
and cost-efficient training and technical
assistance programming to school food service
personnel--
``(I) at training sites that are
located within a proximate geographic
distance to schools, central kitchens,
or other worksites; or
``(II) through an online training
and assistance program on topics that
do not require in-person attendance.
``(4) Funding.--Of the amounts made available under
subsection (h) to carry out this section, not more than 10
percent may be used to carry out this subsection.
``(g) Report.--Not later than 180 days after the conclusion of the
grant period described in subsection (c)(2), each school food authority
that receives a grant under this section shall submit to the Secretary
a report that includes, with respect to such school food authority, the
change at the end of the grant period, as compared with the school year
immediately preceding the beginning of the grant period, in--
``(1) the percentage of the 20 most expensive procurement
items that contain whole ingredients, raw ingredients, or both;
``(2) the percentage of procured food items that are
locally procured;
``(3) the percentage of menu items prepared with scratch
cooking in a 4-week menu cycle;
``(4) the percentage of food packaging that is single-serve
packaging;
``(5) the percentage of students who participate in the
school lunch program under this Act; and
``(6) the culinary, fiscal, procurement, and management
operations.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated $20,000,000 to carry out this section for each of fiscal
years 2024 through 2028.''.
(c) Grants To Finance Certain Improvements to School Lunch
Facilities.--The Richard B. Russell National School Lunch Act is
amended by inserting after section 26 (42 U.S.C. 1769g) the following:
``SEC. 27. GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO SCHOOL LUNCH
FACILITIES.
``(a) Equipment Grants.--
``(1) In general.--Beginning fiscal year 2024, the
Secretary shall award grants to State agencies to carry out the
activities described in paragraph (2).
``(2) Subgrants.--
``(A) In general.--A State agency receiving a grant
under this subsection shall use such grant funds to
award subgrants, on a competitive basis, to school food
authorities.
``(B) Application.--A school food authority seeking
a subgrant under this paragraph shall submit to the
State agency an application at such time, in such
manner, and containing such information as the State
agency may require.
``(C) Priority.--In awarding a subgrant under this
subsection, the State agency shall give priority to a
school food authority that serves, as determined by the
State agency, schools with substantial or
disproportionate--
``(i) need for infrastructure improvement;
or
``(ii) durable equipment need or
impairment.
``(D) Subgrant uses.--A school food authority
receiving a subgrant under this paragraph shall use
such subgrant funds to--
``(i) purchase equipment, including
software and technology systems, needed to
serve healthy meals, improve food safety,
promote scratch cooking, facilitate the use of
salad bars; and
``(ii) support the establishment,
maintenance, and expansion of the school lunch
program under this Act and the school breakfast
program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) at such
schools.
``(3) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated $35,000,000 for each of fiscal years 2024
through 2028 to carry out this subsection.
``(B) Technical assistance.--The Secretary may use
not more than 5 percent of the amounts made available
to carry out this subsection for each fiscal year to
provide technical assistance to applicants and
prospective applicants in preparing applications.''.
Subtitle B--Programs Under the Child Nutrition Act of 1966
SEC. 211. PROFESSIONAL DEVELOPMENT AND TRAINING.
Section 7(g)(2)(B) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(g)(2)(B)) is amended by adding at the end the following:
``(iv) Availability and appropriateness of
training.--Training carried out under this
subparagraph shall be--
``(I) scheduled primarily during
regular, paid working hours;
``(II) if such training is
scheduled outside of such regular, paid
working hours--
``(aa) efforts shall be
made to inform food service
personnel of the reasons
requiring the training to be
scheduled outside of such
hours;
``(bb) time spent
participating in such training
shall be considered compensable
time and each individual who
participates shall be paid no
less than the individual's
regular rate of pay; and
``(cc) food service
personnel shall not be
discharged or in any other
manner discriminated against
for not being able to attend
such training; and
``(III) offered in-person and
incorporate hands-on training
techniques, when appropriate.
``(v) Relationship to other laws.--Nothing
in this subparagraph may be construed to
supersede or otherwise modify any Federal,
State, or local law or legal obligation
governing the relationship between an employee
and employer.''.
SEC. 212. TECHNOLOGY AND INFRASTRUCTURE IMPROVEMENT.
Section 7(i)(4) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(i)(4)) is amended by striking ``2010 through 2015'' and inserting
``2023 through 2028''.
SEC. 213. STATE ADMINISTRATIVE EXPENSES.
Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is
amended--
(1) in subsection (a)(5)(A), by striking ``or
expenditure'';
(2) in subsection (d), by striking ``and expenditure''; and
(3) in subsection (j), by striking ``October 1, 2015'' and
inserting ``October 1, 2028''.
TITLE III--MODERNIZING THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN (WIC)
SEC. 301. ADJUNCTIVE ELIGIBILITY.
(a) In General.--Section 17(d)(2)(A) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(d)(2)(A)) is amended--
(1) in clause (ii)--
(A) in subclause (I), by inserting ``resides in a
household (as such term is defined in section 3 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012)) that
includes an individual who'' before ``receives''; and
(B) in subclause (II), by striking ``; or'' and
inserting a semicolon;
(2) by amending clause (iii) to read as follows:
``(iii)(I) receives medical assistance under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.) or child
health assistance under title XXI of such Act (42 U.S.C. 1397aa
et seq.); or
``(II) is a member of a family in which a pregnant woman,
postpartum woman, infant, or child receives assistance or is
enrolled as described in subclause (I);''; and
(3) by adding at the end the following:
``(iv) is enrolled as a participant in a Head Start program
authorized under the Head Start Act (42 U.S.C. 9831 et seq.) or
resides in a household in which one or more children is
enrolled as a participant in such a Head Start program;
``(v) resides in a household that includes an individual
who receives assistance under 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)); or
``(vi) resides in a household that includes an individual
who receives assistance from a nutrition assistance program
funded by the consolidated block grants for Puerto Rico and the
American Samoa under section 19 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2028) or funded by a block grant for the
Commonwealth of the Northern Mariana Islands pursuant to
section 601 of Public Law 96-597 (48 U.S.C. 1469d(c)).''.
(b) Adjunct Documentation.--Section 17(d)(3)(E) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(E)) is amended to read as
follows:
``(E) Adjunct documentation.--In order to
participate in the program under this section pursuant
to clause (ii) through (vi) of paragraph (2)(A), not
earlier than 90 days prior to the date on which the
certification or recertification for participation in
the program is made--
``(i) an individual shall provide
documentation of receipt of assistance
described in such clause; or
``(ii) a State agency shall use available
documentation to show receipt of such
assistance.''.
SEC. 302. WIC ELIGIBILITY AND CERTIFICATION PERIODS.
(a) Procedures.--
(1) Age of eligibility for children under the special
supplemental nutrition program.--
(A) Definition of child.--Section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786) is amended--
(i) in subsection (b), by amending
paragraph (2) to read as follows:
``(2) Child.--The term `child' means--
``(A) before October 1, 2026, an individual who--
``(i) has attained a first birthday but has
not yet attained a fifth birthday; or
``(ii)(I) has attained a fifth birthday but
has not yet attained a sixth birthday;
``(II) does not attend full-day
kindergarten; and
``(III) is certified before such date by a
State agency under subsection
(d)(3)(A)(iii)(II); and
``(B) on and after October 1, 2026, an individual
who--
``(i) has attained a first birthday but has
not yet attained a sixth birthday; and
``(ii) does not attend full day
kindergarten.'';
(ii) in subsection (e)(4)(A), by striking
``up to age 5''; and
(iii) in subsection (f)(7)(D)(i), by
striking ``under the age of 5''.
(B) Certification.--Section 17(d)(3)(A)(iii) of the
Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(3)(A)(iii)) is amended to read as follows:
``(iii) Children.--
``(I) Children under 5.--With
respect to a participant child who has
not had a fifth birthday--
``(aa) before October 1,
2026, a State may elect to
certify a participant child for
a period of 2 years, if the
State electing the option
provided under this clause
ensures that a participant
child receives the required
health and nutrition
assessments; and
``(bb) on and after October
1, 2026 a State shall--
``(AA) certify a
participant child for a
period of 2 years; and
``(BB) ensure that
a participant child
receives the required
health and nutrition
assessments, as
determined by the
Secretary under clause
(ix).
``(II) 5-year-old children.--
``(aa) In general.--
Beginning not later than
October 1, 2026, a State shall
certify a participant child who
has had a fifth birthday but
has not yet attained a sixth
birthday, for the period that
ends on the earlier of--
``(AA) the sixth
birthday of the
participant child; and
``(BB) the first
date on which the
participant child
attends full-day
kindergarten.
``(bb) Requirements.--Each
State that certifies a
participant child under item
(aa) shall--
``(AA) ensure that
such participant child
receives required
health and nutrition
assessments, as
determined by the
Secretary under clause
(ix); and
``(BB) establish a
method to determine the
first date on which
such participant child
attends full-day
kindergarten.''.
(C) Conforming amendment.--Section 1902(a)(53)(A)
of the Social Security Act (42 U.S.C. 1396a(a)(53)(A))
is amended by striking ``below the age of 5'' and
inserting ``(as defined in such section)''.
(2) Certification of infants.--Section 17(d)(3)(A) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) is
amended by adding at the end the following:
``(iv) Infants.--
``(I) In general.--With respect to
an infant, a State--
``(aa) before October 1,
2026, may elect to certify an
infant for participation in the
program for a period of 2
years; and
``(bb) on and after October
1, 2026, shall certify an
infant for participation in the
program for a period of 2
years.
``(II) Assessments.--In certifying
an infant under subclause (I), a State
shall ensure that the infant receives
required health and nutrition
assessments, as determined by the
Secretary under clause (ix).
``(III) Infants born to participant
mothers.--For purposes of subclause
(I), an infant born to a pregnant woman
who is participating in the program
shall be certified for participation
without further application.
``(IV) Clarification relating to
age.--An infant may be certified for
participation in the program for a
period of 2 years, regardless of
whether such infant will become a child
during such period.''.
(3) Extension of postpartum period.--
(A) Breastfeeding women.--
(i) Definition of breastfeeding woman.--
Paragraph (1) of section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)) is
amended to read as follows:
``(1) Breastfeeding woman.--The term `breastfeeding woman'
means--
``(A) before October 1, 2026, an individual up to
one year postpartum who is breastfeeding the infant of
the individual; and
``(B) on and after October 1, 2026, an individual
who is not more than 2 years postpartum and is
breastfeeding the infant of the individual.''.
(ii) Certification.--Section
17(d)(3)(A)(ii) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is amended
to read as follows:
``(ii) Breastfeeding women.--With respect to a
breastfeeding woman, a State--
``(I) before October 1, 2026, may elect to certify
such breastfeeding woman for a period of 2 years
postpartum; and
``(II) on and after October 1, 2026, a State shall
certify a postpartum woman for a period of 2 years
postpartum.''.
(B) Postpartum women.--
(i) Definition of postpartum woman.--
Paragraph (10) of section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)) is
amended to read as follows:
``(10) Postpartum woman.--The term `postpartum woman'
means--
``(A) before October 1, 2026, an individual up to
six months after termination of pregnancy; and
``(B) on and after October 1, 2026, an individual
up to 2 years after termination of pregnancy.''.
(ii) Certification.--Section 17(d)(3)(A) of
the Child Nutrition Act of 1966 (42 U.S.C.
1786)(d)(3)(A)) is further amended by adding at
the end the following:
``(v) Postpartum women.--With respect to a postpartum
woman, a State--
``(I) before October 1, 2026, may elect to certify
such postpartum woman for a period of 2 years after the
termination of the pregnancy of the postpartum woman;
and
``(II) on and after October 1, 2026, a State shall
certify a postpartum woman for a period of 2 years
after the termination of pregnancy of the postpartum
woman.''.
(4) Pregnant women.--
(A) Definition.--Section 17(b)(11) of the Child
Nutrition Act of 1966 (7 U.S.C. 1431(b)(11)) is amended
to read as follows:
``(11) Pregnant women.--The term `pregnant woman' means an
individual determined to have one or more fetuses in utero.''.
(B) Certification.--Section 17(d)(3)(A) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786)(d)(3)(A))
is further amended by adding at the end the following:
``(vi) Pregnant women.--With respect to a
pregnant woman, a State--
``(I) before October 1, 2026, may
elect to certify a pregnant woman for
the duration of the pregnancy and for
the 90 days after the termination of
pregnancy; and
``(II) on and after October 1,
2026, shall certify a pregnant woman
for the duration of the pregnancy and
for the 90 days after the termination
of pregnancy.''.
(5) Certification within one household family.--Section
17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(3)(A)) is further amended--
(A) in clause (i)--
(i) by striking ``clause (ii)'' and
inserting ``clauses (ii) through (viii)''; and
(ii) by inserting ``or recertified'' after
``certified'';
(B) by adding at the end the following:
``(vii) Certification within one household
family.--In order to align certification
periods or recertification appointments, when a
State or local agency certifies an individual
based on income documentation under
subparagraph (D) or adjunct documentation under
subparagraph (E), a new certification period
that otherwise meets the requirements of the
program may be initiated for eligible family
members of such individual.''.
(6) Recertification.--Section 17(d)(3)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786)(d)(3)(A)) is further
amended by adding at the end the following:
``(viii) Recertification.--Before
requesting new income documentation for
purposes of recertifying an individual under
the program, a State shall--
``(I) determine whether such
individual is eligible for
recertification under subparagraph (E);
and
``(II) if such individual is so
eligible--
``(aa) recertify such
individual; and
``(bb) notify such
individual of such
recertification.''.
(7) Nutrition risk.--Section 17(d)(3)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786)(d)(3)(A)) is further
amended by adding at the end the following:
``(ix) Nutrition risk.--
``(I) In general.--The Secretary
may require nutrition risk evaluations
within a single certification period
for the purposes of identifying
specific risk factors, consistent with
medical recommendations.
``(II) Information provided by a
health care provider.--Information
provided by a health care provider
shall be sufficient to establish
nutrition risk under this section.
``(III) Determination.--In the case
of an individual for which a
determination is made that such
individual does not meet any
nutritional risk criteria, the
certification of the individual under
the program shall terminate on the date
of such determination.''.
(b) Interim Eligibility.--Section 17(d)(3)(B) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786)(d)(3)(B)) is amended to read as
follows:
``(B) Interim eligibility.--
``(i) Temporary certification.--
``(I) In general.--In the case of a
pregnant woman, breastfeeding woman,
postpartum woman, infant, or child who
is not otherwise determined eligible
under this section to participate in
the program due to lack of
documentation at the time of
application, a State agency shall
consider such a pregnant woman,
breastfeeding woman, postpartum woman,
infant, or child to be temporarily
eligible to participate in the program
based on a signed statement by the
applicant.
``(II) 30-day period.--With respect
to an individual that is temporarily
eligible under subclause (I), the State
agency shall--
``(aa) provide food
instruments for a single 30-day
period; and
``(bb) require that
documentation for purposes of
certifying such individual in
accordance with this paragraph
be provided not later than 30
days after the first day such
individual is deemed
temporarily eligible under
subclause (I).
``(III) Documentation demonstrating
eligibility.--If an individual provides
documentation in accordance with
subclause (II) that demonstrates
eligibility for the program, the
individual shall be certified in
accordance with this paragraph
beginning on the first day the
individual was deemed temporarily
eligible under subclause (I).
``(IV) Documentation failing to
demonstrate eligibility.--If an
individual does not provide
documentation in accordance with
subclause (II), or provides
documentation that does not demonstrate
eligibility for the program--
``(aa) the individual shall
be determined ineligible to
participate in the program; and
``(bb) the temporary
eligibility with respect to
such individual shall terminate
at the end of the single 30-day
period described in subclause
(II)(aa).
``(ii) Nutritional risk.--A State may
consider a pregnant woman, breastfeeding woman,
postpartum woman, infant, or child applicant
who meets the income eligibility standards to
be temporarily eligible on an interim basis to
participate in the program and may certify any
such individual for participation immediately,
without delaying certification until an
evaluation is made concerning nutritional risk.
A nutritional risk evaluation of such an
individual shall be completed not later than 90
days after the individual is certified for
participation. If it is subsequently determined
that the individual does not meet nutritional
risk criteria, the certification of the
individual shall terminate on the date of the
determination.''.
(c) Eligibility for Children in Kinship Families.--Section
17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(f)(1)(C)(ix)) is amended by inserting ``a kinship family,'' after
``under the care of''.
SEC. 303. CERTIFICATION AND RECERTIFICATION DETERMINATIONS AND
NUTRITIONAL RISK EVALUATIONS.
(a) In General.--
(1) Presence with respect to certain determinations and
evaluations.--Section 17(d)(3)(C) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(d)(3)(C)) is amended to read as follows:
``(C) Presence with respect to certain
determinations and evaluations.--
``(i) In general.--Each individual seeking
certification, recertification, or a
nutritional risk evaluation for participation
in the program shall be offered an
appointment--
``(I) in-person, through video
technology permitting 2-way, real-time
interactive communications, by
telephone, and in such other format as
the State agency determines appropriate
in order to determine eligibility under
the program; and
``(II) that occurs in a format,
setting, or platform that is accessible
to the individual in accordance with
the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) and
section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794).
``(ii) Anthropometric data for remote
certification.--If an individual meets the
certification presence requirement through
technology permitting 2-way, real-time
interactive communications or other methods
described in clause (i)(I), the anthropometric
data with respect to such individual shall be
obtained within 90 days.''.
(2) Technical amendment.--Section 17(d)(3) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is amended by
conforming the margin of subparagraph (B) to the margin of
subparagraph (C).
(b) Remote Benefit Issuance.--Section 17(f)(6)(B) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(f)(6)(B)) is amended--
(1) in the second sentence--
(A) by striking ``vouchers by mail in its plan''
and inserting ``food instruments by mail, remote
issuance, or other means in the State plan''; and
(B) by striking ``The State'' and inserting the
following:
``(ii) State plan.--The State'';
(2) in the third sentence--
(A) by striking ``vouchers by mail'' and inserting
``food instruments by mail, remote issuance, or other
means''; and
(B) by striking ``The Secretary'' and inserting the
following:
``(iii) Disapproval of state plan.--The
Secretary''; and
(3) by striking ``(B) State agencies'' and all that follows
through ``to obtain vouchers.'' and inserting the following:
``(B) Delivery of food instruments.--
``(i) In general.--State agencies may
provide for the delivery of food instruments,
including electronic benefit transfer cards, to
any participant through means that do not
require the participant to travel to the local
agency to obtain food instruments, such as
through mailing or remote issuance.''.
(c) Annual Investment in WIC Technologies.--Section 17(h) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended--
(1) in paragraph (2)(B)--
(A) by striking clause (ii); and
(B) by striking ``(i) Except as provided in clause
(ii) and'' and inserting ``Except as provided in'';
(2) in paragraph (10)--
(A) in subparagraph (A), by striking ``2010 through
2015'' and inserting ``2023 through 2028''; and
(B) in subparagraph (B), by striking clause (ii)
and inserting the following:
``(ii)(I) $90,000,000 shall be used to--
``(aa) establish, develop, improve,
replace, or administer technology
platforms, including management
information systems, that enhance the
services of, access to, or redemption
of benefits under the program;
``(bb) establish, develop, improve,
replace, or administer a system that
allows for secure communication of
information between health care
providers and program clinics in order
to facilitate sharing of information
necessary for certification,
establishing nutrition risk, or for the
provision of health care services; and
``(cc) carry out paragraph (15);
and
``(II) of which up to $8,000,000 may be
used for Federal administrative costs; and'';
and
(3) by adding at the end the following:
``(15) State efforts to enhance cross-enrollment with
medicaid and the supplemental nutrition assistance program.--
``(A) Participation data.--The Secretary shall
annually collect data from State agencies and make
publicly available on the website of the Department
State-level estimates of the percentage of pregnant
women, postpartum women, infants, and children under
age five--
``(i) who are enrolled in the program under
this section and the supplemental nutrition
assistance program under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); and
``(ii) who are--
``(I) enrolled in the program under
this section and the Medicaid program
established under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.); and
``(II) a member of a family
described in subsection (d)(2)(A)(i).
``(B) Best practices.--The Secretary shall--
``(i) in addition to the information made
available under subparagraph (A), also publish
on the website of the Department best practices
for increasing the percentages described in
such subparagraph; and
``(ii) evaluate the number and types of
referrals to the program under this section
made by--
``(I) administrators of the
supplemental nutrition assistance
program under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.);
and
``(II) administrators of the
Medicaid program established under
title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.).
``(C) Cross-enrollment plan.--Not later than 1 year
after the date of the enactment of this paragraph and
annually thereafter, each State shall--
``(i) submit to the Secretary an annual
cross-enrollment plan that--
``(I) is developed across the
programs described in subparagraph (A)
that includes goals, specific measures,
and a timeline for increasing the
percentages described in such
subparagraph; and
``(II) includes policies to refer
to the program under this section
participants in the programs described
in such subparagraph who are not
certified for the program under this
section; and
``(ii) if such plan is approved by the
Secretary, implement such plan.
``(D) Grant program.--The Secretary shall provide
technical assistance and award competitive grants to
State agencies to--
``(i) increase the percentages described in
subparagraph (A); and
``(ii) implement measures pursuant to an
annual cross-enrollment plan under subparagraph
(C), including--
``(I) improving technology;
``(II) establishing more robust
referral systems;
``(III) conducting targeted
outreach to potential participants in
the program under this section;
``(IV) enhancing State capacity to
share and analyze data across the
programs described in subparagraph (A);
and
``(V) providing training or
technical assistance to local agencies.
``(E) Limitation on data.--Any data collected under
this paragraph shall be--
``(i) used only for the purposes of
certifying eligible persons for the program
under this section; and
``(ii) subject to the confidentiality
provisions described in section 246.26(d) of
title 7, Code of Federal Regulations (or
successor regulations).''.
(d) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate
and the Committee on Education and Labor of the House of
Representatives a report on the use of remote technologies
under 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) (referred to in this
section as the ``program'').
(2) Content of report.--The report submitted under
paragraph (1) shall include a description of--
(A) the use of remote technologies and other
digital tools, including video, telephone, and online
platforms--
(i) to certify and recertify eligible
individuals for program services; and
(ii) to provide nutrition education and
breastfeeding support to program participants;
(B) the impact of remote technologies, including
video, telephone, and online platforms, on
certifications, recertifications, appointments, and
participant satisfaction under the program; and
(C) best practices to--
(i) certify and recertify program
participants for program services using remote
technologies;
(ii) incorporate the use of digital tools
into the program certification process;
(iii) integrate nutrition education and
breastfeeding support services for program
participants into remote technologies and
platforms; and
(iv) securely manage program participant
data.
SEC. 304. PAPERWORK REDUCTION.
Section 17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(3)) is amended by adding at the end the following:
``(G) Paperwork reduction.--
``(i) In general.--A State agency shall
accept a single document that provides some or
all of the information required under this
paragraph unless the State agency determines
there is a sufficient reason to doubt the
authenticity of such document.
``(ii) Electronic form.--A State agency
shall accept documentation under this paragraph
in electronic form or provided electronically
unless the State agency determines there is a
sufficient reason to doubt the authenticity of
such electronically provided document.''.
SEC. 305. NUTRITION EDUCATION MATERIALS RELATED TO FOOD ALLERGIES.
Section 17(e)(3) of the Child Nutrition Act of 1966 (7 U.S.C.
1431(e)(3)) is amended by adding at the end the following:
``(C) Nutrition education materials related to food
allergies.--The nutrition education materials issued
under subparagraph (A) shall include nutrition
education materials with respect to--
``(i) individuals with food allergies
during pregnancy and in the postpartum period;
``(ii) infants impacted by prenatal food
allergy exposure;
``(iii) introducing potential food
allergens to infants; and
``(iv) children with food allergies.''.
SEC. 306. BREASTFEEDING SUPPLY COVERAGE.
Section 17(h)(1)(C)(ii) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(h)(1)(C)(ii)) is amended--
(1) in the heading, by inserting ``and breastfeeding
supplies'' after ``Breast pumps''; and
(2) by inserting ``and additional breastfeeding supplies''
before the period at the end.
SEC. 307. WATER BENEFITS DURING DISASTERS.
Section 17(h)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(1)(C)) is amended by adding at the end the following:
``(iii) Water benefits during disasters.--
``(I) In general.--During an
emergency period for which the
Secretary determines that, with respect
to a State, access to safe drinking
water is impacted and provision of safe
drinking water is reasonably necessary
to ensure safe preparation of infant
formula, a State or local agency may
use amounts made available under clause
(i) to purchase and distribute safe
drinking water to program participants.
``(II) Emergency period defined.--
In this clause, the term `emergency
period' means a period during which
there exists--
``(aa) a major disaster
declared by the President under
section 401 of the Robert T.
Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5170);
``(bb) an emergency
declared by the President under
section 501 of the Robert T.
Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5191);
``(cc) a public health
emergency declared by the
Secretary of Health and Human
Services pursuant to section
319 of the Public Health
Service Act (42 U.S.C. 247d);
or
``(dd) any renewal of such
a public health emergency
pursuant to such section
319.''.
SEC. 308. INFANT FORMULA PROCUREMENT ONLINE SOURCE OF INFORMATION.
Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(8)(A)) is amended by adding at the end the following:
``(xi) Infant formula procurement online
source of information.--
``(I) In general.--Not later than
180 days after the date of enactment of
this clause, the Secretary shall make
available to the public on a website of
the Department of Agriculture the
information described in items (aa)
through (dd) of subclause (II) relating
to bid solicitations of State agencies
for infant formula under the program.
``(II) State agencies.--In
soliciting bids for infant formula
under the program, a State agency shall
submit to the Secretary, not later than
5 business days after the date of the
bid solicitation, a description of the
bid solicitation, including--
``(aa) the title of the bid
solicitation and the State
agency administering the bid
solicitation;
``(bb) the website
hyperlink and other information
needed for the purpose of
submitting a bid in response to
the bid solicitation;
``(cc) the contact
information and website
hyperlink for the State agency
administering the bid
solicitation, for the purpose
of gathering additional
information relating to the bid
solicitation; and
``(dd) the period during
which bids are accepted or the
due date for bids, as
applicable, under the bid
solicitation.
``(III) Publication.--Not later
than 5 business days after receiving a
description of a bid solicitation under
subclause (II), the Secretary shall
publish the information described in
subclause (I).''.
SEC. 309. BREASTFEEDING PEER COUNSELOR PROGRAM.
(a) Definition of Breastfeeding Peer Counselor.--Section 17(b) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by
adding at the end the following:
``(25) Breastfeeding peer counselor.--The term
`breastfeeding peer counselor' means an individual who is
recruited and hired from the adult population described in
subsection (d)(1) who has--
``(A) previous experience with breastfeeding,
including experience having breastfed at least one
infant; and
``(B) provides mother-to-mother support to prenatal
and postpartum women under the program.''.
(b) Special Nutrition Education.--Section 17(h)(10) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)) is amended--
(1) in subparagraph (A), by striking ``$139,000,000'' and
inserting ``$324,000,000''; and
(2) by amending subparagraph (B)(iii) to read as follows:
``(iii) $180,000,000 shall be used to--
``(I) establish State agency
Breastfeeding Peer Counseling programs,
which shall be administered as
determined by the Secretary;
``(II) provide performance bonus
payments under paragraph (4)(C); and
``(III) establish State and local
partnerships to provide such education
at locations--
``(aa) outside of the
clinic, such as hospitals or
physicians' offices; or
``(bb) in partnership with
eligible entities that deliver
services under early childhood
home visitation programs
pursuant to a grant under
section 511 of the Social
Security Act (42 U.S.C.
711).''.
SEC. 310. PRODUCT PRICING.
Section 17(h)(11)(B)(i)(II)(aa) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(h)(11)(B)(i)(II)(aa)) is amended by striking ``the
shelf prices of the vendor for all buyers'' and inserting ``the prices
the vendor charges other customers''.
SEC. 311. WIC A50 STORES.
Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)) is amended--
(1) in paragraph (11)(E), by inserting ``more than 5
percent'' before ``higher than average''; and
(2) in paragraph (14), by inserting ``and delivery of
foods'' after ``(as determined by the Secretary)''.
SEC. 312. WIC EBT MODERNIZATION.
(a) Online Payment and Mobile Payment Options.--
(1) Date of completion.--Section 17(h)(12) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(12)) is amended--
(A) in subparagraph (A)(i), by striking ``food
delivery system that provides benefits using a card or
other access device'' and inserting ``benefit delivery
method'';
(B) in subparagraph (B)--
(i) in clause (i), by striking
``subparagraph (C)'' and inserting
``subparagraph (C)(i)''; and
(ii) by adding at the end the following:
``(iii) Vendor requirements.--Except in the
case of an exemption granted with respect to a
State agency under subparagraph (C)(iii), not
later than October 1, 2025, each State agency
shall authorize at least three vendors to
process online payments under the electronic
benefit systems in the State.''; and
(C) in subparagraph (C), by adding at the end the
following:
``(iii) Vendor requirements exemption.--To
be eligible for an exemption from the vendor
requirements of subparagraph (B)(iii), a State
agency shall demonstrate to the satisfaction of
the Secretary that the State agency is facing
unusual barriers to implementing additional
changes to the electronic benefit transfer
system.''.
(2) Report to congress.--Not later than January 1, 2026,
the Secretary shall submit a report to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Education and Labor of the House of
Representatives that--
(A) details the steps taken to establish and
implement online payment models through authorized
vendors participating in the special supplemental
nutrition program for women, infants, and children
under section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786);
(B) identifies measures to ensure that additional
authorized vendors may establish and implement such
online payment models;
(C) outlines steps to implement additional modern
transaction models, including mobile payments, through
such authorized vendors;
(D) provides an explanation for each exemption
provided to a State agency under clause (iii) of
section 17(h)(12)(C) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(h)(12)(C));
(E) includes a description of State and local
agency efforts to enhance collaboration with such
vendors, including the use of shopper helpers or vendor
liaison programs; and
(F) includes an analysis of measures that could be
taken at the Federal and State levels to streamline the
authorization process of such vendors under such
program and coordinate vendor authorizations with the
supplemental nutrition assistance program.
(b) Smaller Vendors.--Section 17(h)(10)(B) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(h)(10)(B)) is amended by adding at the end
the following:
``(iv) $40,000,000 shall be used by State
or local agencies to enhance vendor
partnerships and streamline the shopping
experience of participants, including by
establishing and administering vendor liaison
programs to support participants and vendor
staff at retail grocery locations.''.
(c) Equitable Access for WIC Shoppers.--Section 17(h)(12) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(12)) is further amended
by adding at the end the following:
``(H) Equitable access for wic shoppers.--To
facilitate the use of online payments under an
electronic benefit transfer system, a State agency
shall--
``(i) with respect to such electronic
benefit transfer system, allow--
``(I) transactions to be conducted
without the presence of a cashier;
``(II) additional methods of
authentication other than signature or
entry of a personal identification
number to be used; and
``(III) participants to receive
supplemental foods after an electronic
benefit transfer transaction has been
processed;
``(ii) issue program benefits remotely
without receiving a participant signature;
``(iii) authorize vendors that do not have
a single, fixed location; and
``(iv) authorize vendors for a period not
to exceed 5 years.''.
(d) Repeal.--Paragraph (13) of section 17(h) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(h)) is repealed.
SEC. 313. SPEND FORWARD AUTHORITIES.
Section 17(i)(3)(A)(ii) of the Child Nutrition Act of 1966 (7
U.S.C. 1431(i)(3)(A)(ii)) is amended--
(1) in subclause (I)--
(A) by striking ``3 percent'' and inserting ``10
percent''; and
(B) by inserting ``for nutrition services and
administration'' before ``under this section''; and
(2) in subclause (II)--
(A) by striking ``for nutrition services and
administration'' and inserting ``to carry out this
section'';
(B) by striking ``not more than \1/2\ of 1
percent'' and inserting ``not more than 3 percent'';
and
(C) by striking ``the development of a management
information system, including an electronic benefit
transfer system'' and inserting ``purposes related to
food delivery, including breastfeeding services and
supplies, electronic benefit transfer systems, and
other technologies''.
SEC. 314. ADMINISTRATIVE SIMPLIFICATION.
Section 17 of the Child Nutrition Act (7 U.S.C. 1431) is amended--
(1) in subsection (f)(1), by amending subparagraph (A) to
read as follows:
``(A) Each State agency shall submit to the
Secretary a plan of operation and administration. A
State shall be required to submit to the Secretary for
approval any substantive change in the plan and annual
requirements as specified by the Secretary.''; and
(2) by repealing subsection (k).
SEC. 315. AUTHORIZATION OF APPROPRIATIONS.
Section 17(g)(1)(A) of the Child Nutrition Act of 1966 (7 U.S.C.
1431(g)(1)(A)) is amended by striking ``2010 through 2015'' and
inserting ``2023 through 2028''.
SEC. 316. WIC FARMERS' MARKET NUTRITION PROGRAM.
Section 17(m) of the Child Nutrition Act of 1966 (7 U.S.C. 1431) is
amended--
(1) in paragraph (1), by inserting ``and community
supported agriculture programs'' after ``roadside stands'';
(2) by striking paragraph (3) and redesignating paragraphs
(4) through (10) as paragraphs (3) through (9), respectively;
(3) in paragraph (3), as so redesignated, by striking
``paragraph (6)'' both places it appears and inserting
``paragraph (5)'';
(4) in paragraph (4), as so redesignated--
(A) in subparagraph (B), by striking ``using
funds'' and all the follows through ``paragraph (3).''
and inserting ``using funds provided under the
grant.'';
(B) in subparagraph (C), by striking ``may not be''
and all that follows through ``per year.'' and
inserting ``may not be less than $20 per year.'';
(C) by amending subparagraph (E) to read as
follows:
``(E) The coupon redemption process under the program shall
be designed to ensure that the coupons may be redeemed--
``(i) either--
``(I) by producers authorized by the State
to participate in the program; or
``(II) through a central point of sale at a
farmers' market authorized by the State to
participate in the program; and
``(ii) only to purchase fresh nutritious unprepared
food for human consumption.''; and
(D) in subparagraph (F)--
(i) in clause (i), by striking ``clauses
(ii) and (iii)'' and inserting ``clause (ii)'';
(ii) in clause (ii)--
(I) by striking ``2 percent'' and
inserting ``3 percent''; and
(II) by inserting ``such market
development or technical assistance
will advance State efforts to develop
efficient and appropriate electronic
benefits systems or'' before ``the
State intends''; and
(iii) by striking clause (iii);
(5) in paragraph (5), as so redesignated--
(A) in subparagraph (A), by striking ``subparagraph
(G)'' and inserting ``paragraph (8)'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``if a State
provides the amount of matching funds required
under paragraph (3),''; and
(ii) in clause (ii)--
(I) by striking ``paragraph (10)''
and inserting ``paragraph (8)''; and
(II) by striking ``paragraph (6)''
and inserting ``paragraph (5)'';
(C) in subparagraph (C), by striking ``subparagraph
(G)(i)'' both places it appears and inserting
``paragraph (8)'';
(D) in subparagraph (D)(ii)(II), by striking
``paragraph (5)'' and inserting ``paragraph (4)''; and
(E) in subparagraph (F)(iii), by striking
``paragraph (10)(B)(ii)'' and inserting ``paragraph
(8)(B)(ii)'';
(6) in paragraph (7), as so redesignated--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively;
(7) in paragraph (8), as so redesignated, by striking
``2010 through 2015'' and inserting ``2023 through 2028''; and
(8) in paragraph (9), as so redesignated, by inserting
``token,'' after ``voucher,''.
SEC. 317. SUPPORTING HEALTHY MOTHERS AND INFANTS.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is
amended--
(1) in subsection (a), by striking ``drug abuse'' and
inserting ``substance use disorder'';
(2) in subsection (b)--
(A) in paragraph (8), by striking ``drug abuse''
and inserting ``substance use disorder''; and
(B) in paragraph (16)--
(i) in the matter preceding subparagraph
(A), by striking ``Drug abuse education'' and
inserting ``Substance use disorder education'';
(ii) in subparagraph (A), by striking
``dangers of drug abuse'' and inserting ``harm
of substance use on pregnancy and lactation'';
and
(iii) in subparagraph (B)--
(I) by striking ``are suspected
drug abusers'' and inserting ``may have
a substance use disorder'';
(II) by striking ``drug abuse
clinics,''; and
(III) by striking ``drug abuse
professionals'' and inserting
``resources'';
(3) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``drug abuse'' each place
it appears and inserting ``substance use
disorder''; and
(ii) by striking ``effects of drug and
alcohol use by'' and inserting ``effects of a
substance use disorder of''; and
(B) in paragraph (5), by striking ``substance
abuse'' and inserting ``substance use disorder'';
(4) in subsection (f)--
(A) in paragraph (1)(C)(ix), by striking ``drugs''
and inserting ``illicit or other harmful substances'';
and
(B) in paragraph (13), by striking ``drug abuse
education'' and inserting ``substance use disorder
education'';
(5) in subsection (k)(1)--
(A) by striking ``1 member'' and inserting ``one
member''; and
(B) by striking ``drug abuse'' and inserting
``substance use disorder''; and
(6) by adding at the end the following:
``(r) Activities To Support WIC-Eligible Individuals Impacted by
Substance Use Disorder.--
``(1) In general.--The Secretary shall--
``(A) develop and disseminate nutrition education
materials for individuals eligible for the program; and
``(B) conduct outreach to individuals who are
potentially eligible for the program and who are
impacted by a substance use disorder.
``(2) Purpose.--The purpose of this subsection is to ensure
that individuals participating in the program who are impacted
by a substance use disorder receive accurate nutrition
education from trained staff in an effective and unbiased
manner.
``(3) Nutrition education materials.--The Secretary shall
collaborate with the Secretary of Health and Human Services to
develop appropriate evidence-based nutrition education
materials for individuals impacted by a substance use disorder,
including--
``(A) nutrition education materials for individuals
with substance use disorder during pregnancy and in the
postpartum period; and
``(B) nutrition education materials for infants
impacted by prenatal substance exposure and neonatal
abstinence syndrome.
``(4) Nutrition education clearinghouse.--The Secretary
shall make available to all State agencies through an online
clearinghouse any nutrition education and training materials
related to nutrition for individuals impacted by a substance
use disorder or neonatal abstinence syndrome that have been
produced by the Secretary or the Secretary of Health and Human
Services (or produced by a State agency and approved by the
Secretary), including educational materials developed under
paragraph (15) of section 515(b) of the Public Health Service
Act (42 U.S.C. 290bb-21(b)) and guidance issued under section
1005 of the SUPPORT for Patients and Communities Act (42 U.S.C.
1396a note).
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$1,000,000 for fiscal year 2024, to remain available until
expended.''.
TITLE IV--MODERNIZING THE CHILD AND ADULT CARE FOOD PROGRAM
SEC. 401. ELIGIBILITY CERTIFICATION CRITERIA FOR PROPRIETARY CHILD CARE
CENTERS.
Section 17(a)(6) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(a)(6)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``criteria:'' and inserting ``criteria--'';
(2) in subparagraph (E), by striking ``and'' at the end;
(3) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(G) in the case of an institution described in
paragraph (2)(B), the eligibility of such institution
shall be determined on an annual basis in accordance
with this section.''.
SEC. 402. AUTOMATIC ELIGIBILITY FOR CHILDREN IN SUPPLEMENTAL NUTRITION
ASSISTANCE HOUSEHOLDS.
Section 17(c) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1766(c)) is amended by adding at the end the following:
``(7) Automatic eligibility for children in supplemental
nutrition assistance households.--A child shall be considered
automatically eligible for benefits under this section without
further application or eligibility determination if the child
is a member of a household receiving assistance under the
supplemental nutrition assistance program established under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).''.
SEC. 403. REVIEW OF SERIOUS DEFICIENCY PROCESS.
Section 17(d)(5) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(d)(5)) is amended by adding at the end the
following:
``(F) Serious deficiency process.--
``(i) In general.--Not later than 1 year
after the date of the enactment of this
subparagraph, the Secretary shall review and
issue guidance and, as appropriate, regulations
regarding the serious deficiency process for
the program under this section.
``(ii) Review.--In carrying out clause (i),
the Secretary shall review, at a minimum, the
processes involved in--
``(I) determining when there is a
serious deficiency with respect to an
institution or a family or group day
care home by a State agency,
including--
``(aa) what measures
automatically result in a
finding of serious deficiency;
and
``(bb) how to differentiate
between--
``(AA) a reasonable
margin of human error
and systematic or
intentional
noncompliance; and
``(BB) State-
specific requirements
and Federal
regulations;
``(II) appealing and mediating a
finding of serious deficiency with
respect to an institution or a family
or group day care home, including--
``(aa) findings related to
State-specific requirements and
Federal regulations; and
``(bb) processes for
ensuring officials involved in
appeals and mediation are fair
and impartial;
``(III) determining the
circumstances under which a corrective
action plan is acceptable;
``(IV) termination and
disqualification, including maintenance
of the list under subparagraph (E); and
``(V) determining opportunities for
strengthening the processes intended to
reduce additional State agency program
requirements on institutions or family
or group day care homes that are in
addition to those required under
Federal law, including--
``(aa) State evaluation of
practices used at the time of
review;
``(bb) regional approval of
such additional State agency
requirements; and
``(cc) oversight through
the management evaluation
process.
``(iii) State-specific requirements.--The
Secretary may not consider State-specific
requirements in determining non-compliance or
serious deficiency.
``(iv) Guidance and regulations.--
``(I) In general.--Not later than 1
year after conducting the review under
clause (ii), the Secretary shall make
findings from the information collected
and issue guidance and, as appropriate,
regulations from such findings that
will--
``(aa) streamline and
modernize the program;
``(bb) reduce the paperwork
burden on parents; and
``(cc) assist sponsoring
organizations, State agencies,
and the Food and Nutrition
Service in ensuring a fair,
uniform, and effective
administration of the serious
deficiency process, while
retaining program integrity.
``(II) Scope.--The guidance or, as
appropriate, regulations made or issued
under subclause (I) shall include--
``(aa) clarity on the
required measures for
noncompliance, including--
``(AA) an allowance
for a reasonable margin
of human error; and
``(BB) a
distinction between a
reasonable margin of
human error and
systematic or
intentional
noncompliance;
``(bb) a formal appeals and
mediation process that--
``(AA) is conducted
by a trained official
who is independent from
and not affiliated with
any person or agency
involved in the
determination being
appealed or mediated;
``(BB) provides an
opportunity for a fair
hearing for any
institution or family
or group day care home
determined to have a
serious deficiency
finding or inadequate
corrective action plan;
and
``(CC) provides for
the evaluation and
resolution of disputes
over State agency
program requirements on
institutions or family
or group day care homes
that are in addition to
those required under
Federal law;
``(cc) timeframes for
acceptable corrective action
plans for group or family day
care homes that are consistent
with corrective action
timeframes for child care
centers; and
``(dd) a process to dismiss
a serious deficiency upon
correction of such
deficiency.''.
SEC. 404. AUTHORIZATION OF REIMBURSEMENTS FOR ADDITIONAL MEAL OR SNACK.
Section 17(f)(2) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(2)) is amended--
(1) by striking ``(2)(A) Subject to subparagraph (B) of
this paragraph'' and inserting the following:
``(2) Disbursements.--
``(A) In general.--Subject to subparagraph (B)'';
and
(2) by amending subparagraph (B) to read as follows:
``(B) Limitation.--No reimbursement may be made to
any institution under this paragraph, or to family or
group day care home sponsoring organizations under
paragraph (3), for more than--
``(i) 2 meals and 1 supplement or 1 meal
and 2 supplements per day per child; or
``(ii) 3 meals and 1 supplement or 2 meals
and 2 supplements per day per child, in the
case of child care during which there are 8 or
more hours between the beginning of the first
meal service period and the beginning of the
fourth meal service period.''.
SEC. 405. ADJUSTMENTS.
Section 17(f)(3) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(3)) is amended--
(1) in subparagraph (A)--
(A) by amending clause (ii)(IV) to read as follows:
``(IV) Adjustments.--The
reimbursement factors under this
subparagraph shall be adjusted on July
1, 1997, and each July 1 thereafter, to
reflect changes in the Consumer Price
Index for food away from home for the
12-month period ending on the preceding
April 30. The reimbursement factors
under this subparagraph shall be
rounded to the nearest lower cent
increment and based on the unrounded
adjustment in effect on April 30 of the
preceding school year.''; and
(B) by amending clause (iii)(I)(bb) to read as
follows:
``(bb) Adjustments.--The factors
shall be adjusted on July 1, 1997, and
each July 1 thereafter, to reflect
changes in the Consumer Price Index for
food away from home for the 12-month
period ending on the preceding April
30. The reimbursement factors under
this item shall be rounded down to the
nearest lower cent increment and based
on the unrounded adjustment in effect
on April 30 of the preceding 12- month
period.''; and
(2) by amending subparagraph (B)(ii) to read as follows:
``(ii) Annual adjustment.--The
administrative reimbursement levels specified
in clause (i) shall be adjusted July 1 of each
year to reflect changes in the 12-month period
ending on the preceding April 30 in the
Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of
the Department of Labor.''.
SEC. 406. AGE LIMITS IN HOMELESS SHELTERS AND EMERGENCY SHELTERS.
Section 17(t)(5)(A)(i) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(t)(5)(A)(i)) is amended--
(1) in the matter before subclause (I), by inserting ``or
individuals'' after ``children'' both places it appears; and
(2) in subclause (I), by striking ``18 years of age'' and
inserting ``25 years of age''.
SEC. 407. ADVISORY COMMITTEE ON PAPERWORK REDUCTION.
Section 17 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766) is amended by adding at the end the following:
``(v) Advisory Committee on Paperwork Reduction.--
``(1) Establishment.--Not later than 180 days after the
date of the enactment of this subsection, the Secretary shall
establish an advisory committee (referred to in this subsection
as the `Advisory Committee') to carry out the duties described
in paragraph (2).
``(2) Duties.--The duties of the Advisory Committee shall
be to--
``(A) examine the feasibility of reducing
unnecessary or duplicative paperwork resulting from
regulations and recordkeeping requirements, including
paperwork resulting from additional State requirements,
for those participating or seeking to participate in
the program under this section, including State
agencies, family child care homes, child care centers,
and sponsoring organizations; and
``(B) provide recommendations to the Secretary to
reduce such paperwork for participants in the program
under this section while ensuring that proper
accountability and program integrity are maintained and
make such recommendations publicly available.
``(3) Membership.--The Advisory Committee shall be composed
of not fewer than 14 members, of whom:
``(A) 1 shall be a representative of a public
nonprofit center.
``(B) 1 shall be a representative of a private
nonprofit center.
``(C) 1 shall be a representative of a family or
group day care home.
``(D) 1 shall be a representative of a Head Start
center.
``(E) 1 shall be a representative of a for-profit
center.
``(F) 1 shall be a representative of an emergency
shelter.
``(G) 1 shall be a representative of an adult day
care center.
``(H) 1 shall be a representative of a State
agency.
``(I) 1 shall be a representative of a sponsoring
organization for the entities referred to in
subparagraphs (A), (B), (D), (E), (F), and (G).
``(J) 1 shall be a representative of a sponsoring
organization of family or group day care homes.
``(K) 1 shall be a representative of an anti-hunger
advocacy organization.
``(L) 1 shall be a representative of an at-risk,
after school program.
``(M) 1 shall be a representative of a child care
advocacy organization.
``(N) 1 shall be a representative of an advocacy
organization representing parents with young children.
``(4) Considerations.--In developing the recommendations
described in paragraph (2)(B), the Advisory Committee shall
consider--
``(A) information, recommendations, and reports
from the Paperwork Reduction Work Group established by
the Food and Nutrition Service pursuant to section
119(i) of the Child Nutrition and WIC Reauthorization
Act of 2004 (42 U.S.C. 1766);
``(B) the use of electronic systems and
recordkeeping technologies to reduce paperwork for
program participants and program operators; and
``(C) duplicative requirements across multiple
Federal programs.
``(5) Guidance and regulations.--Not later than 2 years
after the date of the enactment of this subsection, the
Secretary shall issue guidance and, as appropriate, regulations
based on the recommendations described in paragraph (2)(B) for
streamlined and consolidated paperwork and recordkeeping
requirements for the program, including actions taken to reduce
paperwork for parents and program operators by--
``(A) streamlining and modernizing applications;
and
``(B) streamlining and modernizing the monitoring
and auditing of programmatic documentation and
recordkeeping, including--
``(i) eliminating the use of the enrollment
form for the purpose of claiming meals;
``(ii) allowing the use of direct
certification in all States;
``(iii) requiring States to accept as
documentation digital forms, digitized and
electronic signatures, and electronic records;
``(iv) allowing the use of electronic data
collection systems containing all required
Federal child and adult care food program
standards;
``(v) addressing non-mandated State-
specific requirements; and
``(vi) requiring the adoption of generally
accepted technologies for client-facing
technology, virtual visits, and technology used
for administrative functions by the child and
adult care food program to reduce the burden on
participants and program operators and
administrators.
``(6) Report.--
``(A) In general.--Not later than 180 days after
issuing the guidance and, as appropriate, regulations
described in paragraph (5), the Secretary shall submit
a report to the Committee on Agriculture, Nutrition,
and Forestry of the Senate and the Committee on
Education and Labor of the House of Representatives
containing the information described in subparagraph
(B).
``(B) Contents.--The report under subparagraph (A)
shall contain the following:
``(i) With respect to each instance in
which the Secretary did not implement a
recommendation of the Advisory Committee, an
explanation with respect to why such
recommendation was not implemented.
``(ii) Additional recommendations with
respect to legislative action that may further
strengthen and streamline the program
application and monitoring process and reduce
administrative burdens on grantees, program
participants, and local, State, and Federal
governments.''.
TITLE V--ADDRESSING CHILD FOOD INSECURITY DURING THE SUMMER
SEC. 501. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) Better Integrate Summer Education and Summer Meals Program.--
Section 13(a)(1)(A)(i) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761(a)(1)(A)(i)) is amended by striking ``50 percent''
each place it appears and inserting ``40 percent''.
(b) Public-Private Partnerships.--Section 13(a) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended by
striking paragraph (8) and inserting the following:
``(8) Year-round meal service.--
``(A) Seamless summer option for schools.--Except
as otherwise determined by the Secretary, a service
institution that is a public or private nonprofit
school food authority may provide summer or school
vacation food service in accordance with applicable
provisions of law governing the school lunch program
established under this Act or the school breakfast
program established under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
``(B) Year-round meal service for other service
institutions.--Each service institution (other than a
service institution described in subparagraph (A)), in
addition to being eligible for reimbursement for meals
described in subsection (b)(2) served during each day
of operation during the periods described in subsection
(c)(1), may be reimbursed for up to 1 meal and 1 snack
per child served at sites that provide educational or
enrichment activities during the regular school year
during--
``(i) afterschool hours;
``(ii) weekends; and
``(iii) school holidays.''.
(c) Improve Nutrition in Underserved, Hard-to-Reach Areas.--Section
13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1761(a)) is amended--
(1) by striking paragraphs (9) and (10);
(2) by inserting after paragraph (8) the following:
``(9) Improve nutrition in underserved, hard-to-reach
areas.--
``(A) In general.--Subject to the availability of
appropriations specifically for the purpose of carrying
out this paragraph, the Secretary may award competitive
grants to service institutions selected by the
Secretary to increase participation in the program--
``(i) at congregate feeding sites; and
``(ii) through--
``(I) innovative approaches to
addressing barriers in transportation
to such sites; and
``(II) mobile meal delivery.
``(B) Eligibility.--To be selected to receive a
grant under this paragraph, a service institution--
``(i) may be located in any State; and
``(ii) shall--
``(I) submit to the Secretary an
application at such time, in such
manner, and containing such information
as the Secretary may require;
``(II) meet criteria established by
the Secretary; and
``(III) agree to the terms and
conditions of the grant, as established
by the Secretary.
``(C) Priority.--In awarding grants under this
paragraph, the Secretary shall give priority to service
institutions that--
``(i) serve both breakfast and lunch; or
``(ii) offer educational or enrichment
programs.
``(D) Travel reimbursement.--A service institution
that receives a grant under this paragraph may use
grant funds to provide reimbursement for travel to
satellite congregate feeding sites.
``(E) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to make
competitive grants under this paragraph $10,000,000 for
each fiscal year.''; and
(3) by redesignating paragraphs (11) and (12) as paragraphs
(10) and (11), respectively.
(d) Culturally and Linguistically Appropriate Outreach Regarding
Summer Food Service Program.--Paragraph (10)(B) of section 13(a) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)), as
redesignated by subsection (c)(3), is amended by inserting ``culturally
and linguistically appropriate'' after ``dissemination of'' both places
it appears.
(e) Timing of Adjustments.--Section 13(b)(1)(B) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1761(b)(1)(B)) is amended
by striking ``ending the preceding November'' and inserting ``ending on
the preceding October''.
(f) Third Meal.--Section 13(b)(2) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761(b)(2)) is amended by striking
``only serve lunch'' and all that follows through ``migrant children
may''.
(g) Summer Nutrition Standards.--Section 13(f) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1761(f)) is amended by
adding at the end the following:
``(8) Not later than 2 years after the date of the
enactment of this paragraph and in accordance with paragraph
(1), the Secretary shall promulgate proposed regulations to
update the nutrition standards for the summer food service
program authorized under this Act to be guided by the goals of
the most recent Dietary Guidelines for Americans published
under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341), taking into
account the structure of the Program.''.
(h) Authorization of Appropriations.--Section 13(r) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1761(r)) is amended by
striking ``2015'' and inserting ``2028''.
SEC. 502. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
The Richard B. Russell National School Lunch Act is amended by
inserting after section 13 (42 U.S.C. 1761) the following:
``SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
``(a) Program Established.--The Secretary shall establish a program
under which States and covered Indian Tribal organizations
participating in such program shall, beginning with summer 2024 and
annually for each summer thereafter, issue to eligible households
summer EBT benefits--
``(1) in accordance with this section; and
``(2) for the purpose of providing nutrition assistance
through electronic benefits transfer during the summer months
for eligible children, to ensure continued access to food when
school is not in session for the summer.
``(b) Summer EBT Benefits Requirements.--
``(1) Purchase options.--
``(A) Benefits issued by states.--
``(i) WIC participation states.--In the
case of a State that participated in a
demonstration program under 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) during calendar year 2018 using
a WIC model, summer EBT benefits issued
pursuant to subsection (a) by such a State may
only be used by the eligible household that
receives such summer EBT benefits to purchase--
``(I) supplemental foods from
retailers that have been approved for
participation in--
``(aa) the special
supplemental nutrition program
for women, infants, and
children under section 17 of
the Child Nutrition Act of 1966
(42 U.S.C. 1786); or
``(bb) the program under
this section; or
``(II) food (as defined in section
3(k) of the Food and Nutrition Act of
2008 (7 U.S.C. 2011(k))) from retail
food stores that have been approved for
participation in the supplemental
nutrition assistance program
established under such Act, in
accordance with section 7(b) of such
Act (7 U.S.C. 2016(b)).
``(ii) Other states.--Summer EBT benefits
issued pursuant to subsection (a) by a State
not described in clause (i) may only be used by
the eligible household that receives such
summer EBT benefits to purchase food (as
defined in section 3(k) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2011(k))) from
retail food stores that have been approved for
participation in the supplemental nutrition
assistance program established under such Act,
in accordance with section 7(b) of such Act (7
U.S.C. 2016(b)).
``(B) Benefits issued by covered indian tribal
organizations.--Summer EBT benefits issued pursuant to
subsection (a) by a covered Indian Tribal organization
may only be used by the eligible household that
receives such summer EBT benefits to purchase
supplemental foods from retailers that have been
approved for participation in--
``(i) the special supplemental nutrition
program for women, infants, and children under
section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786); or
``(ii) the program under this section.
``(2) Amount.--Summer EBT benefits issued pursuant to
subsection (a)--
``(A) shall be--
``(i) for calendar year 2024, in an amount
equal to $75 for each child in the eligible
household per month during the summer; and
``(ii) for calendar year 2025 and each year
thereafter, in an amount equal to the amount
described in clause (i), adjusted to the
nearest lower dollar increment to reflect
changes to the cost of the thrifty food plan
(as defined in section 3(u) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(u))) for
the 12-month period ending on November 30 of
the preceding calendar year; and
``(B) may be issued--
``(i) in the form of an EBT card; or
``(ii) through electronic delivery.
``(c) Enrollment in Program.--
``(1) State requirements.--States participating in the
program under this section shall--
``(A) with respect to summer, automatically enroll
eligible children in the program under this section
without further application from households;
``(B) establish procedures to carry out the
enrollment described in subparagraph (A); and
``(C) require local educational agencies to allow
eligible households to opt out of participation in the
program under this section and establish procedures for
opting out of such participation.
``(2) Covered indian tribal organization requirements.--
Covered Indian Tribal organizations participating in the
program under this section shall, to the maximum extent
practicable, meet the requirements under subparagraphs (A)
through (C) of paragraph (1).
``(d) Implementation Grants.--The Secretary--
``(1) beginning October 1, 2022, may carry out a program to
make grants to States and covered Indian Tribal organizations
to build capacity for implementing the program under this
section; and
``(2) not later than October 1, 2023, shall carry out the
program described in paragraph (1).
``(e) Alternate Plans in the Case of Continuous School Calendar.--
The Secretary shall establish alternative plans for when summer EBT
benefits may be issued pursuant to subsection (a) in the case of
children who are under a continuous school calendar.
``(f) Funding.--
``(1) Program funding.--In addition to amounts otherwise
available, there is appropriated for each of fiscal years 2024
through 2028, out of any money in the Treasury not otherwise
appropriated, such sums, to remain available for the period
described in paragraph (2), as may be necessary to carry out
the program established under subsection (a), including for
administrative expenses incurred by the Secretary, States,
covered Indian Tribal organizations, and local educational
agencies.
``(2) Period described.--With respect to each fiscal year
under paragraph (1), amounts made available for such a fiscal
year under such paragraph shall remain available for the 2-year
period following the date such amounts are made available.
``(3) Implementation grant funding.--In addition to amounts
otherwise available, including under paragraph (1), there is
appropriated for each of fiscal years 2023 through 2028, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until expended, to carry out
subsection (d).
``(g) Definitions.--In this section:
``(1) Covered indian tribal organization.--The term
`covered Indian Tribal organization' means an Indian Tribal
organization that participates in the special supplemental
nutrition program for women, infants, and children under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
``(2) Eligible child.--The term `eligible child' means,
with respect to a summer, a child who was, during the school
year immediately preceding such summer--
``(A) certified to receive free or reduced price
lunch under the school lunch program under this Act;
``(B) certified to receive free or reduced price
breakfast under the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); or
``(C) enrolled in a school described in
subparagraph (B), (C), (D), (E), or (F) of section
11(a)(1).
``(3) Eligible household.--The term `eligible household'
means a household that includes at least 1 eligible child.
``(4) Supplemental foods.--The term `supplemental foods'--
``(A) means foods--
``(i) containing nutrients determined by
nutritional research to be lacking in the diets
of children; and
``(ii) that promote the health of the
population served by the program under this
section, as indicated by relevant nutrition
science, public health concerns, and cultural
eating patterns, as determined by the
Secretary; and
``(B) includes foods not described in subparagraph
(A) substituted by State agencies, with the approval of
the Secretary, that--
``(i) provide the nutritional equivalent of
foods described in such subparagraph; and
``(ii) allow for different cultural eating
patterns than foods described in such
subparagraph.''.
TITLE VI--IMPROVING CAPACITY AND PROMOTING SUSTAINABILITY
SEC. 601. VALUES-ALIGNED PROCUREMENT.
Section 9(j) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(j)) is amended--
(1) in paragraph (1)--
(A) by striking ``to purchase unprocessed
agricultural products, both locally grown and locally
raised''; and
(B) by striking the semicolon at the end and
inserting the following: ``, to purchase unprocessed
agricultural products that were--
``(A) locally grown and locally raised;
``(B) produced in an environmentally sustainable
manner;
``(C) produced by a certified organic farm or
ranch;
``(D) produced by an underserved or limited
resource producer;
``(E) produced by a small or mid-sized farm that is
structured as a family farm;
``(F) produced by a farm with employees who, as
permitted by law, are represented by a collective
bargaining agreement or memorandum of understanding;
``(G) produced by a farm participating in a worker
justice certification program; or
``(H) produced by a farm participating in an
independent animal welfare certification program;'';
(2) by amending paragraph (3) to read as follows:
``(3) allow institutions receiving funds under this Act and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
including the Department of Defense Fresh Fruit and Vegetable
Program, to--
``(A)(i) use a geographic preference for the
procurement of unprocessed agricultural products, both
locally grown and locally raised; or
``(ii) use locally grown, locally raised, or
locally caught as a product specification; and
``(B) procure unprocessed agricultural products
that are produced--
``(i) in an environmentally sustainable
manner;
``(ii) by a certified organic farm or
ranch;
``(iii) by an underserved or limited
resource producer;
``(iv) by a small or mid-sized farm that is
structured as a family farm;
``(v) by a farm with employees who, as
permitted by law, are represented by a
collective bargaining agreement or memorandum
of understanding;
``(vi) by a farm participating in a worker
justice certification program; or
``(vii) by a farm participating in an
independent animal welfare certification
program.''; and
(3) by adding at the end the following:
``(4) Definitions.--In this subsection:
``(A) Beginning farmer or rancher.--The term
`beginning farmer or rancher' has the meaning given
such term in section 343(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1991(a)).
``(B) Family farm.--The term `family farm' has the
meaning given such term in section 4284.902 of title 7,
Code of Federal Regulations (as in effect on the date
of the enactment of this paragraph).
``(C) Underserved producer.--The term `underserved
producer' means an individual (including a member of an
Indian Tribe) that is--
``(i) a beginning farmer or rancher;
``(ii) a veteran farmer or rancher; or
``(iii) a socially disadvantaged farmer or
rancher.
``(D) Veteran farmer or rancher.--The term `veteran
farmer or rancher' has the meaning given such term in
section 2501(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(a)).''.
SEC. 602. PROCUREMENT TRAINING.
Section 12(m)(4) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(m)(4)) is amended by striking ``fiscal years 2010
through 2015'' and inserting ``fiscal years 2023 through 2028''.
SEC. 603. BUY AMERICAN.
Section 12(n) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1760(n)) is amended by adding at the end the following:
``(5) Administrative reviews.--
``(A) In general.--In conducting the administrative
reviews required under section 210.18 of title 7, Code
of Federal Regulations (as in effect on the date of the
enactment of this paragraph) pursuant to section
22(b)(1), a State agency located in Puerto Rico,
Hawaii, or the contiguous United States shall use the
form described in subparagraph (B) to assess compliance
with the requirement under this subsection.
``(B) Form.--
``(i) In general.--The Secretary shall
develop the form required under subparagraph
(A).
``(ii) Contents.--The form shall require
each school food authority to report--
``(I) the 10 commodities or
products purchased by such school food
authority that--
``(aa) are not domestic
commodities or products; and
``(bb) make up the largest
share of the school food
authority's spending with
respect to commodities or
products; and
``(II) whether each such commodity
or product--
``(aa) is not produced
domestically in sufficient
quantities of satisfactory
quality to meet the needs of
meals provided under the school
lunch program under this Act or
the school breakfast program
under section 4 of the Child
Nutrition Act of 1966 (42
U.S.C. 1773); and
``(bb) would be
significantly higher in price
if purchased domestically.
``(C) Availability of information.--A State agency
shall make available to the Secretary upon request the
information collected using the form described in
subparagraph (B).
``(D) Summary of trends.--A State agency shall, on
an annual basis--
``(i) based on the information collected
from school food authorities using the form
described in subparagraph (B), analyze and
summarize any trends with respect to
commodities or products that are not domestic
commodities or products; and
``(ii) submit to the Secretary a report
containing such analysis and summary.
``(6) Annual national performance evaluation.--
``(A) In general.--The Secretary shall--
``(i) annually evaluate in a nationally-
representative study the extent to which school
food authorities are in compliance with the
requirements of this subsection; and
``(ii) publish the findings of such
evaluation on the publicly available website of
the Department.
``(B) Requirements.--The Secretary shall require
each school food authority that participates in the
evaluation under subparagraph (A) to disclose, as part
of such evaluation--
``(i) the 10 commodities or products
purchased by such school food authority that--
``(I) are not domestic commodities
or products; and
``(II) make up the largest share of
the school food authority's spending
with respect to commodities or
products; and
``(ii) whether each such commodity or
product--
``(I) is not produced domestically
in sufficient quantities of
satisfactory quality to meet the needs
of meals provided under the school
lunch program under this Act or the
school breakfast program under section
4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773); and
``(II) would be significantly
higher in price if purchased
domestically.
``(7) Study and report.--The Secretary, in consultation
with the Secretary of Labor and the heads of other Federal
agencies determined by the Secretary to be necessary, shall
conduct a study that examines whether the requirement under
this subsection has an impact on the supply of commodities or
products in schools, including with respect to--
``(A) the availability of domestic commodities or
products;
``(B) the wages, occupational safety and health,
and access to and quality of benefits of agricultural
workers;
``(C) the price of locally grown and locally raised
domestic commodities or products as compared to
commodities or products that are not domestic
commodities or products;
``(D) the prevalence of seasonal foods in schools;
and
``(E) the extent to which schools rely on processed
commodities and products.''.
SEC. 604. PLANT-BASED FOODS IN SCHOOLS.
Section 18(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769(d)) is amended to read as follows:
``(d) Pilot Grant Program for Plant-Based Food Options.--
``(1) Program authorized.--The Secretary shall establish
and carry out a pilot grant program to award grants to eligible
school food authorities to carry out the activities described
in paragraph (4).
``(2) In general.--
``(A) Term.--The term of a grant awarded under this
subsection shall be 3 years.
``(B) Grant amount.--In awarding grants under this
subsection, the Secretary shall, to the extent
practicable, award grants of diverse amounts.
``(3) Application.--
``(A) In general.--To be eligible to receive a
grant under this subsection, an eligible school food
authority shall submit to the Secretary an application
at such time, in such manner, and containing such
information as the Secretary may require, including--
``(i) a participatory evaluation plan; and
``(ii) a plan for providing culturally
appropriate meals.
``(B) Priority.--To the maximum extent practicable,
in awarding grants under this subsection, the Secretary
shall give priority to an eligible school food
authority that--
``(i) will use the grant funds to--
``(I) serve a high proportion of
children who are eligible for free or
reduced price meals;
``(II) demonstrate collaboration
with nongovernmental and community-
based organizations, agricultural
producers, and other community partners
on the activities described in
paragraph (4); and
``(III) incorporate experiential
and culturally appropriate food,
nutrition, or agricultural education
activities related to 100 percent
plant-based food options in the
classroom; and
``(ii) meets any other criteria that the
Secretary determines appropriate.
``(4) Use of funds.--A grant awarded under this subsection
may be used for any of the following activities:
``(A) To contract with qualified third parties for
professional development training for food service
personnel on serving (including preparing, procuring,
marketing, and creating menus) 100 percent plant-based
food options.
``(B) To provide compensation, for each employee
who participates in the professional development
training described in subparagraph (A), at the regular
rate of pay of each such employee.
``(C) To provide technical assistance and student
engagement and education on 100 percent plant-based
food options, including providing taste tests, recipe
development, and culinary education.
``(D) To provide compensation for additional work
relating to serving meals that include a 100 percent
plant-based food option.
``(E) To conduct outreach to, and cover costs of
procurement of foods from, agricultural producers of
100 percent plant-based food options, including--
``(i) underserved or limited resource
producers; and
``(ii) local farmers.
``(5) Reports.--
``(A) Recordkeeping required.--Each eligible school
food authority awarded a grant under this subsection
shall keep records of the 100 percent plant-based food
options served pursuant to this subsection as the
Secretary determines appropriate.
``(B) Report required by school food authorities.--
Not later than 1 year after receiving a grant under
this subsection, and annually for the duration of the
pilot grant program thereafter, a school food authority
shall submit to the Secretary a report on the pilot
grant program, including information on--
``(i) the number of 100 percent plant-based
food options that the school food authority
served during the grant period compared with
the preceding school year;
``(ii) the number of schools served by the
school food authority pursuant to the grant;
``(iii) the number of students served by
the school food authority pursuant to the
grant; and
``(iv) how the school food authority used
the grant funds.
``(C) Report by secretary.--Not later than 6 months
after the end of a school year during which the
Secretary receives reports required under subparagraph
(B), the Secretary shall submit to Congress a report
that includes a summary of such reports received and
such information with respect to the pilot program as
the Secretary determines to be relevant.
``(6) Technical assistance.--The Secretary shall provide
technical assistance and information to assist school food
authorities--
``(A) to facilitate the coordination and sharing of
information and resources that may be applicable to the
activities described in paragraph (4); and
``(B) to collect and share information on best
practices.
``(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
fiscal year 2024, to remain available through fiscal year 2028.
``(8) Definitions.--In this subsection:
``(A) 100 percent plant-based food option.--The
term `100 percent plant-based food option' means a
breakfast or lunch meal option or component that--
``(i) includes a meat alternate as
described in--
``(I) section 210.10 of title 7,
Code of Federal Regulations (or
successor regulations); or
``(II) appendix A to part 210 of 7,
Code of Federal Regulations (or
successor regulations); and
``(ii) does not contain any animal products
or byproducts, such as meat, poultry, honey,
fish, dairy, or eggs.
``(B) Beginning farmer or rancher.--The term
`beginning farmer or rancher' has the meaning given
such term in section 343(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1991(a)).
``(C) Eligible school food authority.--The term
`eligible school food authority' means a school food
authority for which 50 percent or more of the students
served by such school food authority are eligible for
free or reduced price lunch under this Act or free or
reduced price breakfast under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
``(D) Underserved producer.--The term `underserved
producer' means an individual (including a member of an
Indian Tribe) that is--
``(i) a beginning farmer or rancher;
``(ii) a veteran farmer or rancher; or
``(iii) a socially disadvantaged farmer or
rancher.
``(E) Veteran farmer or rancher.--The term `veteran
farmer or rancher' has the meaning given such term in
section 2501(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(a)).''.
SEC. 605. FOOD WASTE AND NUTRITION EDUCATION.
Section 18(e) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769(e)) is amended to read as follows:
``(e) School Food Waste Reduction Grant Program.--
``(1) Grant program established.--
``(A) In general.--The Secretary shall carry out a
program to award grants, on a competitive basis, to
school food authorities to carry out food waste
measurement and reporting, prevention, education, and
reduction projects.
``(B) Regional balance.--In awarding grants under
this subsection, the Secretary shall, to the maximum
extent practicable, ensure that--
``(i) a grant is awarded to a school food
authority in each region served by the
Administrator of the Food and Nutrition
Service; and
``(ii) there is equitable treatment of
rural, urban, and tribal communities.
``(2) Application.--To be eligible to receive a grant under
this subsection, a school food authority shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to a school food authority
that demonstrates in the application under paragraph (2) that
such school food authority will use the grant to--
``(A) carry out experiential education activities
that encourage children served by such school food
authority to participate in food waste measurement and
reporting, prevention, education, and reduction
projects;
``(B) prioritize the best use of food in accordance
with the Food Recovery Hierarchy published by the
Administrator of the Environmental Protection Agency;
``(C) with respect to food waste measurement and
reporting, prevention, education, and reduction
projects, collaborate with other school food
authorities, tribes, nongovernmental and community-
based organizations, and other community partners;
``(D) make evaluation plans and evaluate the
activities carried out using grant funds; and
``(E) establish a food waste measurement and
reporting, prevention, education, and reduction project
with the goal of long-term project sustainability.
``(4) Use of funds.--A school food authority that receives
a grant under this section shall use funds under such grant to
carry out at least one of the following:
``(A) Planning and carrying out a food waste
measurement and reporting, prevention, education, and
reduction project.
``(B) Providing training to support such a project.
``(C) Purchasing equipment to support such a
project.
``(D) Offering food waste education to students
served by such school food authority.
``(5) Requirement.--A food waste measurement and reporting,
prevention, education, and reduction project funded by a grant
under this subsection shall comply with the nutrition standards
for the school lunch program authorized under this Act and the
school breakfast program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773), as applicable.
``(6) Reports.--
``(A) School food authority report.--Not later than
1 year after receiving a grant under this subsection,
and on an annual basis thereafter, a school food
authority shall submit to the Secretary a report that
includes an evaluation of the outcomes of the projects
carried out pursuant to such grant.
``(B) Secretary report.--Not later than 6 months
after the end of a school year during which the
Secretary receives reports required under subparagraph
(B), the Secretary shall submit to Congress a report
that includes a summary of the reports received under
subparagraph (B) and such information with respect to
the program as the Secretary determines to be relevant.
``(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
fiscal year 2024, to remain available through fiscal year
2028.''.
SEC. 606. FARM TO SCHOOL GRANT PROGRAM.
Section 18(g) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769(g)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Definitions.--In this subsection:
``(A) Agricultural producer.--The term
`agricultural producer' means a farmer, rancher, or
fisher (including of farm-raised fish).
``(B) Beginning farmer or rancher.--The term
`beginning farmer or rancher' has the meaning given
such term in section 343(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1991(a)).
``(C) Eligible institution.--The term `eligible
institution' means a school or institution that
participates in a program under this Act or the school
breakfast program established under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).
``(D) Farm to school program.--The term `farm to
school program' means a program that--
``(i) benefits an eligible institution, as
determined by the Secretary; and
``(ii) carries out--
``(I) planting and maintenance of
farms or gardens;
``(II) procurement from local
agricultural producers; or
``(III) educational activities
relating to agriculture, nutrition, or
food.
``(E) Underserved producer.--The term `underserved
producer' means an individual (including a member of an
Indian Tribe) that is--
``(i) a beginning farmer or rancher;
``(ii) a veteran farmer or rancher; or
``(iii) a socially disadvantaged farmer or
rancher.
``(F) Veteran farmer or rancher.--The term `veteran
farmer or rancher' has the meaning given such term in
section 2501(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(a)).'';
(2) in paragraph (2)--
(A) by striking ``schools'' each place it appears
and inserting ``institutions'';
(B) by inserting ``land-grant colleges and
universities,'' before ``and nonprofit''; and
(C) by striking ``grants and technical assistance''
and inserting ``grants, technical assistance, research,
and evaluation'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) in clause (i), by inserting ``and
technical assistance'' after ``training'';
(ii) by redesignating clauses (vi) and
(vii) as clauses (viii) and (ix), respectively;
and
(iii) by inserting after clause (v) the
following:
``(vi) implementing educational activities
relating to agriculture, nutrition, or food;
``(vii) implementing innovative approaches
to aggregation, processing, transportation, and
distribution of food;''; and
(B) by amending subparagraph (C) to read as
follows:
``(C) Awards.--
``(i) Maximum amount.--The total amount
provided to a grant recipient under this
subsection shall not exceed $250,000.
``(ii) Term.--The term of an award shall
not exceed 3 years.
``(iii) Purpose and scope.--In making
awards under this subsection, the Secretary
shall, to the extent practicable, make awards
of diverse amounts and duration in order to
best match the award to the purpose and scope
of the project to be funded.'';
(4) in paragraph (4)--
(A) in subparagraph (B), by inserting ``, Tribal,''
after ``State''; and
(B) by adding at the end the following:
``(C) Tribal agencies.--The Secretary may allow a
Tribal agency to use funds provided to the Indian Tribe
of the Tribal agency through a Federal agency
(including the Indian Health Service) or any other
Federal benefit to satisfy all or part of the non-
Federal share described in subparagraph (A) if that use
is consistent with the purpose of the funds or other
Federal benefit provided.'';
(5) in paragraph (5)--
(A) in the heading, by striking ``Criteria for
selection'' and inserting ``Priority'';
(B) in the matter preceding subparagraph (A), by
striking ``To the maximum extent practicable'' and
inserting the following:
``(A) In general.--To the maximum extent
practicable'';
(C) in subparagraph (A), by striking ``school'' and
inserting ``institution'';
(D) in subparagraph (B), by striking ``lunches''
and inserting ``meals'';
(E) by striking subparagraph (C);
(F) in subparagraph (D), by striking ``eligible
schools'' and all that follows through ``partners'' and
inserting ``eligible institutions, State and local
agencies, Tribal organizations and agencies,
agricultural producers or groups of agricultural
producers, land-grant colleges and universities, and
nonprofit entities on the activities described in
paragraph (3)'';
(G) in subparagraph (F), by striking ``and'' at the
end;
(H) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii) and adjusting the margins
accordingly;
(I) by redesignating subparagraphs (D) through (F)
as clauses (iv) through (vi), respectively, and
adjusting the margins accordingly;
(J) by inserting after clause (ii), as so
redesignated by subparagraph (H), the following:
``(iii) incorporate experiential,
traditional, and culturally appropriate food,
nutrition, or agricultural education activities
in curriculum planning;'';
(K) by redesignating subparagraph (G) as clause
(ix);
(L) by inserting after clause (vi) (as so
redesignated) the following:
``(vii) expand the selection of local
commodities for eligible institutions;
``(viii) identify and address chronic diet-
related health issues of children served by
eligible institutions; and''; and
(M) by adding at the end the following:
``(B) Tribal community projects.--In the case of
projects serving Tribal communities, the Secretary
shall, to the maximum extent practicable, give priority
to projects that best utilize products, including
traditional foods, from Tribal agricultural producers,
as determined by the Secretary.'';
(6) in paragraph (7)--
(A) in the matter preceding subparagraph (A), by
striking ``The Secretary'' and all that follows through
``nonprofit entities'' and inserting the following:
``(A) In general.--The Secretary shall provide
technical assistance and information to assist eligible
institutions, State and local agencies, Indian Tribal
organizations, agricultural producers or agricultural
producer groups, and nonprofit entities'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and'';
(D) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
adjusting the margins accordingly;
(E) by adding after clause (iii), as so
redesignated by subparagraph (D), the following:
``(iv) to increase awareness of, and
participation in, farm to school programs among
agricultural producers or agricultural producer
groups, including--
``(I) underserved or limited
resource producers; and
``(II) local farmers.''; and
(F) by adding at the end the following:
``(B) Review.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Healthy
Meals, Healthy Kids Act, and every 3 years
thereafter, the Secretary shall submit to the
Committee on Agriculture of the House of
Representatives, the Committee on Education and
Labor of the House of Representatives, and the
Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes
the progress that has been made in identifying
and eliminating barriers related to developing
farm to school programs.
``(ii) Requirements.--In preparing the
report, the Secretary shall examine--
``(I) the direct and indirect
regulatory compliance costs affecting
the production and marketing of locally
or regionally produced agricultural
food products to child nutrition
programs;
``(II) barriers to local and
regional child nutrition program market
access for small-scale production;
``(III) barriers to funding
projects that meet the criteria
described in paragraph (5)(A);
``(IV) barriers to local and
regional child nutrition market access
for Tribal farmers and ranchers; and
``(V) barriers to funding Tribal
projects under farm to school
programs.'';
(7) in paragraph (8)--
(A) in subparagraph (A), by striking ``$5,000,000''
and inserting ``$15,000,000''; and
(B) by adding at the end the following:
``(C) Administration.--Of the funds provided to the
Secretary under subparagraph (A), not more than 5
percent may be used to pay administrative costs
incurred by the Secretary in carrying out this
subsection.''; and
(8) in paragraph (9), by striking ``2011 through 2015'' and
inserting ``2023 through 2028''.
TITLE VII--SUPPORTING TRIBES AND FREELY ASSOCIATED STATES
SEC. 701. TRIBALLY OPERATED MEAL AND SNACK PILOT PROJECT.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by inserting after subsection (e), as added by
section 605 of this Act, the following:
``(f) Tribally Operated Meal and Snack Pilot Project.--
``(1) In general.--The Secretary of Agriculture shall
establish a pilot project to award grants to up to 10 eligible
entities to prepare such entities to administer or operate and
implement, in covered schools--
``(A) the school lunch program authorized under
this Act;
``(B) the child and adult care food program
established by section 17 of this Act;
``(C) the summer food service program for children
established by section 13 of this Act; and
``(D) the school breakfast program established by
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
``(2) Application.--To be eligible to participate in the
pilot project under this subsection, an eligible entity shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require.
``(3) Criteria for selection.--In selecting participants
under this subsection, the Secretary shall select up to 10
eligible entities that--
``(A) are located in diverse geographic areas; and
``(B) serve Indian tribes of varying population
size.
``(4) Grants.--
``(A) In general.--The Secretary shall award, to
each eligible entity selected to participate in the
project under this subsection, a grant, of an amount
negotiated with such eligible entity, that is not less
than $10,000 and not more than $200,000.
``(B) Sunset.--The authority of the Secretary to
award grants under this subsection shall terminate on
the date that is 5 years after the date on which the
first grant is awarded under this subsection.
``(5) Reimbursements.--
``(A) In general.--Notwithstanding any other
provision of law, an eligible entity participating in
the project under this subsection--
``(i) may carry out the programs referenced
in subparagraphs (A) through (D) of paragraph
(1);
``(ii) with respect to the school lunch
program authorized under this Act, shall be
reimbursed as if it were a State under section
12(f);
``(iii) with respect to the child and adult
care food program established under this Act,
shall be reimbursed as if it were a State under
section 17;
``(iv) with respect to the summer food
service program for children established under
this Act, shall be reimbursed as if it were a
State under section 13; and
``(v) with respect to the school breakfast
program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1733), shall
be reimbursed as if it were a State under such
section.
``(B) Administrative funds.--An eligible entity
that participates in the project under this subsection
may receive administrative funds at a rate that is
consistent with the amount received by a State under
section 7 of the Child Nutrition Act of 1966 (42 U.S.C.
1776).
``(C) Tribal operators.--An Indian tribe that
participates in the project under this subsection as
direct program operators shall be reimbursed by the
Department.
``(6) Definitions.--In this subsection:
``(A) Bureau-funded school.--The term `Bureau-
funded school' has the meaning given such term in
section 1141 of the Education Amendments of 1978 (25
U.S.C. 2021).
``(B) Covered school.--The term `covered school'
means--
``(i) a Bureau-funded school;
``(ii) a school--
``(I) on or in proximity to a
reservation; or
``(II) that primarily serves Native
American students; and
``(iii) early care and education
facilities, including facilities that
participate in a Head Start program authorized
under the Head Start Act (42 U.S.C. 9831 et
seq.).
``(C) Eligible entity.--The term `eligible entity'
means--
``(i) an Indian tribe or tribal
organization approved by an Indian tribe;
``(ii) a consortium of Indian tribes; and
``(iii) a partnership between--
``(I) an Indian tribe; and
``(II) either--
``(aa) a State educational
agency;
``(bb) a local educational
agency;
``(cc) a tribal educational
agency; or
``(dd) the Bureau of Indian
Education.
``(D) Indian tribe.--The term `Indian tribe' has
the meaning given such term in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5130).
``(E) School.--The term `school' has the meaning
given such term in section 12(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1760(d)).
``(F) Tribal educational agency.--The term `tribal
educational agency' has the meaning given such term in
section 6132(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7452(b)).''.
SEC. 702. ISLAND AREAS ELIGIBILITY FEASIBILITY STUDY UNDER THE RICHARD
B. RUSSELL NATIONAL SCHOOL LUNCH ACT.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following:
``(l) Island Areas Eligibility Feasibility Study.--
``(1) In general.--Not later than 30 months after the date
of the enactment of this subsection, the Secretary shall
complete a feasibility study to assess the ability and
preparedness of the freely associated States to operate--
``(A) the school lunch program authorized under
this Act;
``(B) the child and adult care food program
established by section 17 of this Act;
``(C) the summer food service program for children
established by section 13 of this Act; and
``(D) the school breakfast program established by
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
``(2) Contents.--In conducting the study described in
paragraph (1), the Secretary shall consider--
``(A) any new or additional administrative
processes and technology needed to implement each
program listed under paragraph (1);
``(B) an assessment of preparedness to comply with
management evaluations conducted by the Secretary,
acting through the Administrator of the Food and
Nutrition Service, and cooperate in Federal audits and
evaluations;
``(C) administrative and financial capability to
meet requirements of each program listed under
paragraph (1);
``(D) ability to oversee each program listed under
paragraph (1); and
``(E) any other relevant considerations, as
determined by the Secretary.
``(3) Freely associated state defined.--In this subsection,
the term `freely associated State' means--
``(A) the Federated States of Micronesia;
``(B) the Republic of the Marshall Islands; and
``(C) the Republic of Palau.''.
TITLE VIII--ADDRESSING LUNCH SHAMING AND UNPAID MEAL DEBT
SEC. 801. UNPAID MEAL DEBT.
(a) Retroactive Reimbursement.--Section 9(b)(9)(C) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)(C)) is
amended--
(1) by striking ``Except'' and inserting the following:
``(i) In general.--Except'';
(2) by redesignating clauses (i) and (ii) as subclauses (I)
and (II); and
(3) by adding at the end the following:
``(ii) Retroactivity.--A local educational
agency shall revise a previously submitted meal
claim to reflect the eligibility approval of a
child for free or reduced price meals for the
period that begins on the first day of the
current school year.
``(iii) Meal claim defined.--In this
subsection, the term `meal claim' means any
documentation provided by a school food
authority to a State agency in order to receive
reimbursement for the cost of a meal served to
a child by such school food authority.''.
(b) Reducing Stigma Associated With Unpaid School Meal Fees.--
Section 9(b)(10) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(b)(10)) is amended to read as follows:
``(10) Reducing stigma associated with unpaid school meal
fees.--
``(A) Overt identification prohibited.--A local
educational agency or school food authority may not,
based on the status of a covered child as a covered
child--
``(i) physically segregate or otherwise
discriminate against such covered child;
``(ii) overtly identify such covered
child--
``(I) through the use of special
tokens or tickets; or
``(II) by an announcement or a
published list of names; or
``(iii) identify or stigmatize such covered
child by any other means.
``(B) Eligibility determination by local
educational agency.--For any covered child who is a
member of a household that owes a week or more of
unpaid school meal fees, a local educational agency
shall--
``(i) attempt to directly certify such
covered child for free meals under paragraph
(4) or (5); or
``(ii) in a case where the local
educational agency is not able to directly
certify such covered child under paragraph (4)
or (5), provide to the household of such
covered child--
``(I) a household application and
applicable descriptive material; and
``(II) written and oral
communications to encourage submission
of the application.
``(C) Collection of unpaid school meal fees.--In
attempting to collect unpaid school meal fees from a
household, a local educational agency or school food
authority may not--
``(i) except as described in subparagraph
(D), direct any communication regarding unpaid
school meal fees to a covered child who is a
member of such household;
``(ii) withhold educational opportunities
(including grades and participation in
extracurricular activities or local educational
agency programs or services) from, or otherwise
stigmatize, a covered child due to the status
of the covered child as a covered child; or
``(iii) use a debt collector (as such term
is defined in section 803 of the Consumer
Credit Protection Act (15 U.S.C. 1692a)).
``(D) Letters.--A school food authority may require
that a covered child deliver a sealed letter addressed
to a parent or guardian of the covered child that
contains a communication relating to unpaid school meal
fees, subject to the condition that the letter shall
not be distributed to the covered child in a manner
that stigmatizes the covered child.
``(E) Eliminating stigma in meal service.--In
providing a meal to a covered child, a local
educational agency or school food authority may not,
based on the status of the covered child as a covered
child, dispose of or take away from the covered child
any food that has already been served to such covered
child.
``(F) Definitions.--In this paragraph:
``(i) Covered child.--The term `covered
child' means a child who--
``(I) is enrolled in a school that
participates in the school lunch
program under this Act or the school
breakfast program under section 4 of
the Child Nutrition Act of 1966 (42
U.S.C. 1773); and
``(II) is a member of a household
that owes unpaid school meal fees.
``(ii) Unpaid school meal fees.--The term
`unpaid school meal fees' means outstanding
fees owed by a household to a school food
authority or local educational agency (or both)
for lunches under this Act or breakfasts under
section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773).''.
SEC. 802. NATIONAL ADVISORY COUNCIL ON UNPAID MEAL DEBT IN CHILD
NUTRITION PROGRAMS.
(a) Establishment.--There is established a National Advisory
Council on Unpaid Meal Debt in Child Nutrition Programs (in this
section referred to as the ``Council'').
(b) Duties.--The Council shall provide recommendations, in
accordance with subsection (g), to the Administrator of the Food and
Nutrition Service with respect to addressing unpaid school meal fees by
ensuring that--
(1) students are not stigmatized; and
(2) school food authorities can maintain fiscal solvency in
order to ensure the long-term viability of school meal
programs.
(c) Membership.--
(1) Number and appointment.--The Council shall be composed
of 14 members appointed by the Secretary as follows:
(A) 2 members shall be school nutrition State
agency directors who are employed in different States.
(B) 2 members shall be school food service
directors of a school meal program in an urban area who
are employed in different States.
(C) 2 members shall be school food service
directors of a school meal program in a rural area who
are employed in different States.
(D) 2 members shall be officials of the Food and
Nutrition Service office of the Department of
Agriculture.
(E) 2 members shall be parents or guardians (who
are not related to one another or to the same child) of
children who are eligible for free and reduced price
school meals.
(F) 2 members shall represent organizations with
expertise in the school meal programs.
(G) 2 members shall be food service professionals
who--
(i) work in school cafeterias; and
(ii) maintain daily contact with students,
including by preparing or serving meals or
working at registers.
(2) Terms.--
(A) In general.--Each member shall be appointed for
the life of the Council.
(B) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the life of
the Council shall be appointed for the remainder of the
life of the Council.
(d) Compensation.--
(1) In general.--Members shall serve without pay.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(3) Parents or guardians.--In the case of a member who is a
parent or guardian appointed under subsection (c)(1)(E), such
member, in addition to reimbursement under paragraph (2),
shall, at the discretion of the Secretary, be compensated in
advance for other personal expenses related to participation on
the Council, including child care expenses and lost wages
during scheduled Council meetings.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $1,500,000, to
remain available through the date described in subsection (h).
(e) Chairperson; Vice Chairperson.--
(1) Eligibility.--To be eligible for election to
Chairperson or Vice Chairperson of the Council, an individual
must be a member of the Council described in subsection (c)(1).
(2) Election.--The Chairperson and Vice Chairperson of the
Council shall be elected by such members.
(f) Meetings.--
(1) In general.--The Council shall meet not fewer than 2
times per year at the call of the Chairperson.
(2) Quorum.--5 members of the Council shall constitute a
quorum.
(g) Report.--
(1) In general.--Not later than 3 years after the
establishment of the Council under subsection (a), the Council
shall submit to the Administrator of the Food and Nutrition
Service a report containing the recommendations described in
subsection (b).
(2) Guidance.--Not later than 1 year after the submission
of the report under paragraph (1), the Secretary, acting
through the Administrator of the Food and Nutrition Service,
shall use the recommendations contained in such report to issue
guidance with respect to addressing unpaid school meal fees.
(h) Termination.--The Council shall terminate on the date that is 1
day after the submission of the report required under subsection (g).
(i) Technical Assistance.--The Secretary shall provide the Council
with such technical and other assistance, including secretarial and
clerical assistance, as may be required to carry out its functions.
(j) Unpaid School Meal Fees Defined.--In this section, the term
``unpaid school meal fees'' means outstanding fees owed by a household
to a local educational agency for lunches under this Act or breakfasts
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
TITLE IX--STRENGTHENING EVIDENCE-BASED NUTRITION STANDARDS
SEC. 901. UPDATING NUTRITION STANDARDS FOR MEAL PATTERNS.
(a) Nutrition Standards for School Meals.--
(1) Amendments to the richard b. russell national school
lunch act.--Section 9(f) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(f)) is amended--
(A) in paragraph (1)--
(i) by striking ``Schools that are
participating'' and inserting the following:
``(A) Schools participating in meal programs.--
Schools that are participating'';
(ii) in subparagraph (B)--
(I) by striking ``nutrient'' and
inserting ``dietary''; and
(II) by striking `` and food
insecurity'' and inserting ``, food and
nutrition insecurity, or chronic
disease'';
(iii) by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively,
and adjusting the margins accordingly; and
(iv) by adding at the end the following:
``(B) Regulations.--
``(i) Proposed regulations.--Not later than
180 days after the first publication of the
Dietary Guidelines for Americans under section
301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341)
that occurs after the date of the enactment of
this subparagraph, the Secretary shall
promulgate proposed regulations to update the
nutrition standards for the school lunch
program authorized under this Act and the
school breakfast program established by section
4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773) to be consistent with the goals of such
Guidelines.
``(ii) Final regulations.--
``(I) In general.--Not later than
180 days after promulgation of the
proposed regulations under clause (i),
the Secretary shall promulgate final
regulations.
``(II) Effective date.--The final
regulations under this clause shall
take effect on the first day of a
school year (to be determined by the
Secretary) that begins not earlier than
1 year and not later than 3 years
following the date on which the
regulations are finalized.
``(C) Review.--Not less frequently than once every
10 years, or not later than 1 year after the
publication of 2 consecutive updates to the Dietary
Guidelines for Americans published under section 301 of
the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341), whichever occurs first,
the Secretary shall promulgate regulations to update
the nutrition standards for the school lunch program
authorized under this Act and the school breakfast
program established by section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773) so that the standards are
consistent with the goals of the most recent Dietary
Guidelines for Americans.'';
(B) in paragraph (2)--
(i) by striking ``To assist schools in
meeting the requirements of this subsection,
the Secretary'' and inserting ``Assistance to
schools.'';
(ii) in subparagraph (A)--
(I) by striking ``shall'' and
inserting ``Assistance required.--To
assist schools in meeting the
requirements of this subsection, the
Secretary shall'';
(II) in clause (i), by striking
``and'' at the end;
(III) in clause (ii), by striking
``and'' at the end; and
(IV) by adding at the end of
subparagraph (A) the following:
``(iii) develop and provide to schools best
practices, trainings (including peer-to-peer
trainings), and other resources;
``(iv) implement healthier school
environment recognition programs; and
``(v) work with food manufacturers and
retailers to support development and increased
availability and affordability of products that
meet the nutrition standards.'';
(iii) by amending subparagraph (B) to read
as follows:
``(B) Assistance permitted.--
``(i) In general.--To assist schools in
meeting the requirements of this subsection,
the Secretary may--
``(I) provide to schools
information regarding other approaches,
as determined by the Secretary; and
``(II) award grants and monetary
incentives to carry out 1 or more of
the following:
``(aa) Improving the
nutritional quality of meals
and snacks served under a child
nutrition program.
``(bb) Enhancing the
nutrition and wellness
environment of institutions
participating in a child
nutrition program, including by
reducing the availability of
less healthy foods during the
school day.
``(cc) Supporting food
systems that supply nutritious
foods and beverages for
children in both schools and
retail markets, including those
in underserved communities.
``(dd) Funding a statewide
nutrition education coordinator
to support individual school
food authority nutrition
education efforts and to
facilitate collaboration with
other nutrition education
efforts in the State.
``(ii) Recipients.--Grants provided clause
(i) may be made available to third party
entities that have experience working with
school food service personnel participating in
the school lunch program authorized under this
Act and the school breakfast program
established by section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773) to provide
technical assistance to schools in meeting the
goals of this subparagraph.''; and
(iv) by adding at the end the following:
``(C) Funding.--In addition to amounts otherwise
available, out of any money in the Treasury not
otherwise appropriated, to remain available until
expended, there is appropriated to the Secretary--
``(i) for fiscal year 2023, $3,000,000; and
``(ii) for each fiscal year thereafter,
$3,000,000, adjusted for inflation on each
October 1 in accordance with section
11(a)(3)(B) to provide--
``(I) technical assistance and
evaluation with respect to the
activities described in clauses (i)
through (iv) of subparagraph (A) and
clauses (i) and (ii) of paragraph (B);
and
``(II) grants and monetary
incentives described in clause (i) of
paragraph (B).''; and
(C) by striking paragraphs (3) and (4).
(2) Amendments to the child nutrition act of 1966.--Section
10(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is
amended--
(A) by striking ``(b) National School Nutrition
Standards.--'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) by inserting ``that
are consistent with the goals
of the most recent Dietary
Guidelines for Americans
published under section 301 of
the National Nutrition
Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341)''
after ``nutrition standards'';
and
(bb) by striking ``; and''
and inserting a period;
(II) by striking ``Secretary
shall--'' and inserting ``Secretary
shall'';
(III) by striking ``(i) establish
science-based'' and inserting
``establish science-based''; and
(IV) by striking clause (ii);
(ii) by striking subparagraph (D);
(iii) by redesignating paragraph (1) as
subsection (b) and adjusting the margins
accordingly; and
(iv) by redesignating subparagraphs (A)
through (C) as paragraphs (1) through (3),
respectively, and adjusting the margins
accordingly;
(C) by adding at the end of subsection (b) (as so
redesignated) the following:
``(4) Updating standards.--
``(A) Proposed regulations.--Not later than 180
days after the first publication of the Dietary
Guidelines for Americans under section 301 of the
National Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341) that occurs after the date of
the enactment of this paragraph, the Secretary shall
promulgate proposed regulations to update the school
nutrition standards and requirements established under
this subsection so that the standards and requirements
are consistent with the goals of such Guidelines.
``(B) Final regulations.--
``(i) In general.--Not later than 180 days
after promulgation of the proposed regulations
under subparagraph (A), the Secretary shall
promulgate final regulations.
``(ii) Effective date.--The final
regulations under this subparagraph shall take
effect on the first day of the school year that
begins not earlier than 1 year and not later
than 2 years following the date on which the
regulations are finalized.
``(5) Review.--Not less frequently than once every 10
years, or not later than 1 year after the publication of two
consecutive updates to the Dietary Guidelines for Americans
published under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C. 5341),
whichever occurs first, the Secretary shall promulgate
regulations to update the school nutrition standards and
requirements established under this subsection so that the
standards and requirements are consistent with the goals of the
most recent Dietary Guidelines for Americans.''; and
(D) by striking paragraph (2).
(3) Applicability.--This subsection and the amendments made
by this subsection shall apply on and after the date on which
the first publication of the Dietary Guidelines for Americans
under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341) occurs after the
date of the enactment of this Act.
SEC. 902. NON-NUTRITIVE SWEETENERS, SYNTHETIC DYES, AND OTHER
POTENTIALLY HARMFUL SUBSTANCES IN SCHOOL MEALS.
(a) In General.--Not later than 6 months after the date of the
enactment of this section, the Secretary shall seek to enter into an
agreement with the National Academy of Sciences, Engineering, and
Medicine (referred to in this section as the ``National Academy'')
under which the National Academy shall create and publish the report
described in subsection (b).
(b) Report.--The report shall include recommendations for changes
to the nutrition standards for the school lunch program authorized
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) and the school breakfast program established by section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773) with respect to non-
nutritive sweeteners, synthetics dyes, and other potentially harmful
substances in school meals.
(c) Publication.--
(1) National academy.--Not later than 1 year after the date
on which the Secretary and the National Academy enter into the
agreement described in subsection (a), the National Academy
shall--
(A) submit the report to the Secretary; and
(B) publish the report.
(2) Secretary.--Not later than 30 days after the submission
of the report under paragraph (1)(A), the Secretary shall make
such report publicly available in an easily identifiable place
on the website of the Department.
(d) Non-Nutritive Sweeteners, Synthetic Dyes, and Other Potentially
Harmful Substances Standards.--Not later than 18 months after the
submission of the report under subsection (c)(1)(A), the Secretary may
promulgate proposed regulations to include standards for non-nutritive
sweeteners, synthetic dyes, and other potentially harmful substances
for the school lunch program authorized under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and the school
breakfast program established by section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773) based on recommendations made in such report.
TITLE X--OTHER MATTERS
Subtitle A--Programs Under the Richard B. Russell National School Lunch
Act
SEC. 1001. ACCOMMODATING DIETARY REQUIREMENTS.
Section 9(a) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(a)) is amended--
(1) in paragraph (1)(B), by striking ``lower-fat versions
of foods commonly used in the school lunch program under this
Act'' and inserting ``foods that comply with the meal patterns
prescribed by the Secretary''; and
(2) in paragraph (2)--
(A) by amending subparagraph (A)(iii) to read as
follows:
``(iii) as a reasonable accommodation under
the Americans with Disabilities Act (42 U.S.C.
12101 et seq.) and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794),
shall provide a substitute for fluid milk for a
student whose disability restricts their
diet.''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) Other substitutions.--
``(i) Standards for required
substitution.--
``(I) A school shall substitute,
for the fluid milk provided under
subparagraph (A), a nondairy beverage
that meets the nutritional needs of a
student for whom fluid milk is not
nutritionally appropriate due to a
medical or other special dietary need
other than a disability described in
subparagraph (A)(iii), as determined by
the school in consultation with the
parent or legal guardian of such
student.
``(II) A school shall substitute,
for the fluid milk provided under
subparagraph (A), a nondairy beverage
that meets the nutrition standards for
the school lunch program authorized
under this Act and the school breakfast
program established by section 4 of the
Child Nutrition Act of 1966 (42 U.S.C.
1773) if the substitution is requested
by written statement by a parent or
legal guardian of such student.
``(ii) Standards for discretionary
substitution.--A school may offer all students
a nondairy beverage as a substitute for fluid
milk that meets the nutrition standards for the
school lunch program authorized under this Act
and the school breakfast program established by
section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773).
``(iii) Excess expenses.--Except as
provided in clause (iv), expenses incurred by
providing substitutions under clauses (i) and
(ii) that are in excess of expenses covered by
reimbursements under this Act shall be paid by
the school food authority.
``(iv) Pilot program.--
``(I) Program authorized.--Not
later than 90 days after the date of
the enactment of this subparagraph, the
Secretary shall establish and carry out
a pilot grant program to award grants
to eligible school food authorities to
carry out subclause (III).
``(II) Priority.--In awarding
grants under this clause, the Secretary
may give priority to--
``(aa) an eligible school
food authority that serves high
proportions of children who
demonstrate high rates of
lactose intolerance; and
``(bb) an eligible school
food authority that--
``(AA) submits, as
part of the application
for a grant, a need for
nondairy beverages
among its student
population due to
dietary reasons; and
``(BB) demonstrates
a need for providing
nondairy beverages to
children by serving a
sufficient number (as
determined by the
Secretary) of such
children.
``(III) Use of funds.--A school
food authority shall use grant funds
awarded under this clause to reimburse
the full cost of providing nondairy
beverages as substitutes for fluid milk
under clause (i)(I) incurred by such
school food authority.
``(IV) Reports.--
``(aa) Annual report by
school food authority.--Not
later than 1 year after
receiving a grant under this
clause, and on an annual basis
for the duration of the pilot
program thereafter, a school
food authority shall submit to
the Secretary a report on the
pilot grant program, including
information with respect to--
``(AA) the number
of schools served by
the school food
authority pursuant to
the grant; and
``(BB) the number
of students served by
the school food
authority pursuant to
the grant.
``(bb) Final report by
school food authority.--The
report that is the final report
submitted under item (aa) shall
include, in addition to the
information required under
subitems (AA) and (BB) of such
item--
``(AA) the number
of nondairy beverages
as substitutes for
fluid milk that the
school food authority
served during the grant
period; compared with
``(BB) the number
of nondairy beverages
as substitutes for
fluid milk that the
school food authority
served during the
school year immediately
preceding the start of
the grant period.
``(cc) Report by the
secretary.--Not later than 6
months after the date described
in subclause (V), the Secretary
shall submit to Congress a
report that includes a summary
of the information included in
the reports received under this
subclause and any such
information with respect to the
pilot program the Secretary
determines to be relevant.
``(V) Sunset.--The authority to
carry out this clause shall terminate
on the date that is 3 years after the
date of the enactment of this
subparagraph.
``(VI) Eligible school food
authority defined.--In this clause, the
term `eligible school food authority'
means a school food authority for which
50 percent or more of the students
served by such school food authority
are eligible for free or reduced price
lunch under this Act or free or reduced
price breakfast under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C.
1773).
``(VII) Authorization of
appropriations.--There is authorized to
be appropriated to carry out this
clause $2,000,000 for fiscal year 2024,
to remain available until the date
described in subclause (V).''.
SEC. 1002. DATA PROTECTIONS FOR HOUSEHOLD APPLICATIONS.
Section 9(b)(3)(B) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(b)(3)(B)) is amended by adding at the end the
following:
``(iii) Confidentiality standards.--The
confidentiality standards established by the
Secretary shall ensure--
``(I) the maintenance of reasonable
and appropriate administrative,
technical, and physical safeguards to
ensure the integrity and
confidentiality of information
submitted through electronic
applications described in clause (ii);
``(II) protection against security
threats or unauthorized uses or
disclosures of the information
submitted through such electronic
applications; and
``(III) that data collected by such
electronic applications shall be used
only as permitted under paragraph
(6).''.
SEC. 1003. EATING DISORDER PREVENTION.
Section 9A of the Richard B. Russell National School Lunch Act (42
U.S.C. 1758b) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``mental health
promotion and education, including awareness of eating
disorders'' after ``physical activity,'';
(B) in paragraph (2)(B), by striking ``childhood
obesity'' and inserting ``diet-related illnesses''; and
(C) in paragraph (3), by inserting ``school-based
registered dietitians, school-based mental health
services providers,'' after ``school administrators,'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``and the Administrator of
the Substance Abuse and Mental Health Services
Administration'' after ``Prevention''; and
(ii) by inserting ``, school health
professionals (including school-based mental
health services providers when available)''
after ``school food authorities'';
(B) by amending paragraph (2)(C) to read as
follows:
``(C) includes such other technical assistance as
is required to--
``(i) promote sound nutrition and establish
healthy school nutrition environments; and
``(ii) promote mental health, encourage
mental health assessments, and establish
resilient school environments; and''; and
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``conjunction'' and
inserting ``consultation''; and
(II) by inserting ``and the
Administrator of the Substance Abuse
and Mental Health Services
Administration'' after ``Centers for
Disease Control and Prevention'';
(ii) in subparagraph (C), by striking
``January 1, 2014,'' and inserting ``4 years
after the date on which funds are first
appropriated to carry out this section after
the date of the enactment of the Healthy Meals,
Healthy Kids Act,''; and
(iii) in subparagraph (D)--
(I) by striking ``$3,000,000'' and
inserting ``$5,000,000''; and
(II) by striking ``2011'' and
inserting ``2024''.
SEC. 1004. COMPLIANCE AND ACCOUNTABILITY.
Section 22(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769c) is amended by striking ``fiscal years 2011 through
2015'' and inserting ``fiscal years 2023 through 2028''.
SEC. 1005. NATIONAL HUNGER HOTLINE AND CLEARINGHOUSE.
Section 26(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769g(d)) is amended by striking ``$250,000 for each of
fiscal years 2010 through 2023'' and inserting ``$500,000 for each of
fiscal years 2023 through 2028''.
SEC. 1006. ENSURING ADEQUATE MEAL TIME.
The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) is amended by adding at the end the following:
``SEC. 30. MEAL TIME STUDY AND GUIDANCE.
``(a) Study.--The Secretary shall--
``(1) not later than 1 year after the date on which funds
are first appropriated under subsection (c), enter into an
agreement with an independent, nonpartisan, science-based
research organization to carry out a study on the time lunches
are served, recess is offered, and the duration of lunch
periods at schools participating in the school lunch program
under this Act; and
``(2) not later than 4 years after the date on which funds
are first appropriated under subsection (c), publish on the
publicly available website of the Department a report that
includes the findings of the study required under paragraph
(1).
``(b) Development and Dissemination of Best Practices.--The
Secretary shall--
``(1) not later than 1 year after the date on which the
report required under subsection (a)(2) is published, in
coordination with the Secretary of Education, establish a task
force to--
``(A) review such report;
``(B) review other research relating to the time
lunches are served, recess is offered, and the duration
of lunch periods in schools; and
``(C) develop best practices with respect to the
time lunches are served, recess is offered, and the
duration of lunch periods in schools to ensure student
health, including appropriate nutritional intake; and
``(2) not later than 2 years after the date on which the
report required under subsection (a)(2) is published--
``(A) review the best practices developed under
paragraph (1)(C); and
``(B) issue guidance with respect to such best
practices to schools participating in the school lunch
program under this Act.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for fiscal year 2024,
to remain available until expended.''.
Subtitle B--Programs Under the Child Nutrition Act of 1966
SEC. 1011. ENHANCING NUTRITION EDUCATION.
Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) is
amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting ``, including
training on scratch cooking,'' after ``provide
training''; and
(B) in paragraph (5), by striking ``helping
children to maintain a healthy weight by'';
(2) in subsection (h)--
(A) in paragraph (5)(B)--
(i) in clause (i)--
(I) by striking ``educate'' and
inserting ``conduct evidence-based
nutrition education for''; and
(II) by striking ``of a poor diet
and inactivity to obesity and other
health problems'' and inserting
``between diet, activity, and health'';
(ii) in clause (iv), by inserting `` other
classroom education,'' after ``health
education,'';
(iii) in clause (viii), by striking ``and''
at the end;
(iv) in clause (ix), by striking the period
at the end and inserting ``; and''; and
(v) by adding at the end the following:
``(x) conduct projects that--
``(I) hire qualified food and
nutrition educators to carry out
programs in schools; and
``(II) have the goal of improving
student health and nutrition through
such programs.''; and
(B) by striking paragraph (6);
(3) by striking subsection (k); and
(4) by redesignating subsection (l) as subsection (k).
Subtitle C--Improving Food Donations
SEC. 1021. FOOD DONATION IN SCHOOLS.
Section 9(l) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(l)) is amended--
(1) in paragraph (1)--
(A) by striking ``local educational agency'' and
inserting ``school food authority'';
(B) by striking ``eligible local food banks or
charitable organizations'' and inserting ``nonprofit
organizations or individuals in need as determined by
such school or school food authority'';
(C) by striking ``general.--Each'' and inserting
the following: ``general.--
``(A) Food donations permissible.--Each''; and
(D) by adding at the end the following:
``(B) Use of school campus.--The food donated by a
school through the school food authority serving such
school pursuant to this paragraph may be received,
stored, and distributed on the campus of such
school.'';
(2) in paragraph (2)(A), by striking ``local educational
agencies'' in each place it appears and inserting ``school food
authorities'';
(3) in paragraph (3), by striking ``local educational
agency'' and inserting ``school food authority''; and
(4) by amending paragraph (4) to read as follows:
``(4) Definition.--In this subsection, the term `nonprofit
organization' means an incorporated or unincorporated entity
that--
``(A) is operating for religious, charitable, or
educational purposes; and
``(B) does not provide net earnings to operate in
any other manner that inures to the benefit of any
officer, employee, or shareholder of the entity.''.
SEC. 1022. BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT.
Section 22 of the Child Nutrition Act of 1966 (42 U.S.C. 1791) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``quality and labeling''
and inserting ``safety and safety-related
labeling''; and
(ii) by inserting ``being past date
label,'' after ``surplus,'';
(B) in paragraph (2)--
(i) by striking ``quality and labeling''
and inserting ``safety and safety-related
labeling''; and
(ii) by inserting ``being past date
label,'' after ``surplus,'';
(C) in paragraph (3), by adding ``or is charged a
good Samaritan Reduced Price'' before the period at the
end;
(D) in paragraph (4), by striking ``for human'' and
inserting the following: ``for--
``(A) human consumption; or
``(B) pet, emotional support animal, or service
animal consumption.'';
(E) in paragraph (6), by adding ``pet supply,''
after ``cleaning product,'';
(F) in paragraph (10), by inserting ``pet food
supplier, school, school food authority,'' after
``caterer, farmer,'';
(G) by adding at the end the following:
``(11) Emotional support animal.--The term `emotional
support animal' means an animal that is covered by the
exclusion specified in section 5.303 of title 24, Code of
Federal Regulations (or a successor regulation) and that is not
a service animal.
``(12) Good samaritan reduced price.--The term `good
Samaritan reduced price' means, with respect to an apparently
wholesome food or an apparently fit grocery product, a price
that is an amount not greater than the cost of handling,
administering, and distributing such food or grocery product.
``(13) Pet.--The term `pet' means a domesticated animal
that is kept for pleasure rather than for commercial purposes.
``(14) Pet supplies.--The term `pet supplies' means
tangible personal property used for the caring of pets.
``(15) Qualified direct donor.--The term `qualified direct
donor' means a retail grocer, wholesaler, agricultural
producer, restaurant, caterer, school food authority, or
institution of higher education (as defined in section 101 or
102(a)(1)(B) of the Higher Education Act of 1965 (20 U.S.C.
1001; 1002(a)(1)(B))).
``(16) Service animal.--The term `service animal' has the
meaning given the term in section 36.104 of title 28, Code of
Federal Regulations (or a successor regulation).''; and
(H) by reordering paragraphs (1) through (10) and
the paragraphs added by subparagraph (G) of this
paragraph in alphabetical order based on the headings
of such paragraphs, and renumbering such paragraphs as
so reordered;
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``or State or unit of
local government'' after ``nonprofit
organization''; and
(ii) by inserting ``or sale at a good
Samaritan reduced price'' after ``ultimate
distribution'';
(B) in paragraph (2), by inserting ``or sale at a
good Samaritan reduced price'' after ``ultimate
distribution'';
(C) by adding at the end the following:
``(3) Liability of state or unit of local government.--A
State or unit of local government shall not be subject to
liability arising from the nature, age, packaging, or condition
of apparently wholesome food or an apparently fit grocery
product that the State or unit of local government received as
a donation in good faith from a person, gleaner, or nonprofit
organization for ultimate distribution to needy individuals.
``(4) Direct donations to needy individuals.--A qualified
direct donor shall not be subject to civil or criminal
liability arising from the nature, age, packaging, or condition
of apparently wholesome food or an apparently fit grocery
product that the qualified direct donor donates in good faith
to needy individuals.'';
(D) by redesignating paragraph (3) as paragraph
(5); and
(E) in paragraph (5), as so redesignated by
subparagraph (D)--
(i) by striking ``Paragraphs (1) and (2)''
and inserting ``Paragraphs (1), (2), (3), and
(4)''; and
(ii) by inserting ``qualified direct donor,
State or local government,'' after ``person,
gleaner,''; and
(3) in subsection (e), by inserting ``or State or unit of
local government'' after ``the nonprofit organization''.
SEC. 1023. REGULATIONS.
Not later than 180 days after the date of the enactment of this
section, the Secretary shall--
(1) in consultation with the Secretary of Health Human
Services, issue regulations with respect to the safety and
safety-related labeling standards of apparently wholesome food
and an apparently fit grocery product under section 22 of the
Child Nutrition Act of 1966 (42 U.S.C. 1791); and
(2) issue guidance with respect to section 22 of the Child
Nutrition Act of 1966 (42 U.S.C. 1791), including promoting
awareness of food donation under such section.
Subtitle D--Miscellaneous
SEC. 1031. TECHNICAL AMENDMENTS.
(a) Committee on Education and Labor.--The following Acts are
amended by striking ``Committee on Education and the Workforce'' each
place such term appears in heading and text and inserting ``Committee
on Education and Labor'':
(1) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
(2) The Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
(b) Other Amendments.--Section 17(h)(4)(A)(vi) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(4)(A)(vi)) is amended by
striking ``and'' at the end.
(c) Citation to Section 504 of Rehabilitation Act of 1973.--Section
12(d)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(d)(3)) is amended by striking ``in the'' and all that follows
through the period at the end and inserting ``in section 7 of the
Rehabilitation Act of 1973 (29 U.S.C. 705).''
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 20.
Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-548.
Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-548.
Placed on the Union Calendar, Calendar No. 394.
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