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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4525 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4525
To amend the Richard B. Russell National School Lunch Act to improve
program requirements, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 12, 2024
Mr. Casey (for himself and Mr. Fetterman) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Richard B. Russell National School Lunch Act to improve
program requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Hunger Elimination Act of
2024''.
SEC. 2. MANDATORY DIRECT CERTIFICATION.
Section 9(b)(5) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(b)(5)) is amended--
(1) in the paragraph heading, by striking ``Discretionary
certification'' and inserting ``Direct certification of
additional low-income children''; and
(2) in the matter preceding subparagraph (A), by striking
``may'' and inserting ``shall''.
SEC. 3. DIRECT CERTIFICATION FOR CHILDREN RECEIVING SOCIAL SECURITY
INCOME.
(a) In General.--Section 9(b)(5) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(5)) is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E)(ii), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following:
``(F) a child who receives supplemental security
income payments under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.).''.
(b) Data From Social Security Administration.--Section 9(b) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is
amended by adding at the end the following:
``(16) Data from social security administration.--In the
case of direct certification under paragraph (5) or (12)(A) of
a child who receives supplemental security income payments
under title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.), the Commissioner of Social Security shall provide a
local educational agency with the data necessary to certify the
child in accordance with a data-sharing agreement between the
Commissioner and the State in which the local educational
agency is located.''.
SEC. 4. RETROACTIVE REIMBURSEMENT.
Section 9(b)(9) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(b)(9)) is amended by adding at the end the following:
``(D) Retroactive reimbursement.--
``(i) Definitions.--In this subparagraph:
``(I) Change in eligibility.--The
term `change in eligibility' means,
with respect to eligibility for the
school lunch program under this Act--
``(aa) a change from
eligibility for reduced price
meals to eligibility for free
meals; and
``(bb) a change from
noneligibility to eligibility
for free or reduced price
meals.
``(II) Meal claim.--The term `meal
claim' means any documentation provided
by a school food authority to a State
agency in order to receive
reimbursement under this Act for the
cost of a meal served to a child by the
school food authority.
``(III) Previously submitted.--The
term `previously submitted', with
respect to a meal claim, means a meal
claim submitted on or after the
retroactive date.
``(IV) Retroactive date.--The term
`retroactive date' means the first day
of the current school year.
``(ii) Retroactivity.--
``(I) Submission of meal claims.--A
local educational agency shall--
``(aa) revise and resubmit
a previously submitted meal
claim to reflect a change in
eligibility described in
subclause (i)(I)(aa) of a
child; and
``(bb) submit a meal claim
for any meal provided on or
after the retroactive date for
a child that has a change of
eligibility described in
subclause (i)(I)(bb).
``(II) Reimbursement by
secretary.--The Secretary shall
reimburse each meal claim submitted by
a local educational agency under
subclause (I).
``(iii) Reimbursement to families.--A local
educational agency that receives a
reimbursement under clause (ii)(II) shall
reimburse the household of a child for any fees
paid by the household on or after the
retroactive date and prior to the change in
eligibility of the child.''.
SEC. 5. UNIVERSAL MEDICAID DIRECT CERTIFICATION.
Section 9(b)(15) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(b)(15)) is amended--
(1) in subparagraph (A)--
(A) by striking clause (i) and inserting the
following:
``(i) Eligible child.--
``(I) In general.--The term
`eligible child' means a child who--
``(aa)(AA) is eligible for
and receiving medical
assistance under the Medicaid
program; and
``(BB) is a member of a
family with an income as
measured by the Medicaid
program that does not exceed,
in the case of eligibility for
free meals, 133 percent of the
poverty line (as defined in
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, in
the case of eligibility for
reduced price meals, the
applicable family size income
level under the income
eligibility guidelines for
reduced price meals; or
``(bb) 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 item (aa).
``(II) Other children.--The term
`eligible child' includes a child who
is eligible for and receiving medical
assistance under the Medicaid program
under subclause (I) of section
1902(a)(10)(A)(i) of the Social
Security Act (42 U.S.C.
1396a(a)(10)(A)(i))--
``(aa) on the basis of
receiving aid or assistance
under the State plan approved
under part E of title IV of
that Act (42 U.S.C. 670 et
seq.);
``(bb) by reason of section
473(b) of that Act (42 U.S.C.
673(b)); or
``(cc) under subclause (II)
of section 1902(a)(10)(A)(i) of
that Act (42 U.S.C.
1396a(a)(10)(A)(i)).''; and
(B) by adding at the end the following:
``(iii) Without further application.--The
term `without further application' has the
meaning given the term in paragraph (4)(G).'';
and
(2) by striking subparagraphs (B) through (H) and inserting
the following:
``(B) Agreement.--For the school year beginning on
July 1, 2025, and each school year thereafter, each
State shall enter into an agreement described in
subparagraph (C) with the 1 or more State agencies
conducting eligibility determinations for the Medicaid
program.
``(C) Procedures.--
``(i) In general.--Subject to subparagraph
(D) and paragraph (6), an agreement entered
into under subparagraph (B) shall establish
procedures under which an eligible child shall
be certified as eligible, without further
application, for--
``(I) free or reduced price lunch
under this Act; and
``(II) free or reduced price
breakfast under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
``(ii) Free meals.--Each agreement entered
into under subparagraph (B) shall ensure that a
child who is simultaneously eligible for
reduced price meals under this paragraph or
based on an income eligibility determination,
and for free meals based on documentation
provided under subsection (d)(2), shall be
certified for free meals.
``(D) Certification.--Subject to paragraph (6), and
according to an agreement entered into under
subparagraph (B), the local educational agency
conducting eligibility determinations under that
agreement shall certify an eligible child as eligible,
without further application, for--
``(i) free or reduced price lunch under
this Act; and
``(ii) free or reduced price breakfast
under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773).''.
SEC. 6. UNIVERSAL MEAL SERVICE IN HIGH-POVERTY AREAS.
(a) In General.--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
striking clause (vii) and inserting the following:
``(vii) Multiplier.--For each school year
beginning on or after July 1, 2025, the
multiplier shall be 2.5.''.
(b) Conforming Amendment.--Section 11(a)(1)(F)(xi) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(xi)) is
amended by striking subclause (III).
SEC. 7. STATEWIDE FREE UNIVERSAL SCHOOL MEALS DEMONSTRATION PROJECTS.
Section 11(a)(1) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the
following:
``(G) Statewide free universal school meals
demonstration projects.--
``(i) Definitions.--In this subparagraph:
``(I) Demonstration project.--The
term `demonstration project' means a
demonstration project carried out under
clause (ii).
``(II) Eligible school.--
``(aa) In general.--The
term `eligible school' means a
school that participates 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).
``(bb) Exclusion.--The term
`eligible school' does not
include residential child care
institutions (as defined in
section 210.2 of title 7, Code
of Federal Regulations (or
successor regulations)).
``(III) Identified students.--The
term `identified students' has the
meaning given the term in subparagraph
(F)(i).
``(IV) Selected state.--The term
`selected State' means a State selected
to carry out a demonstration project
under clause (iii)(I).
``(ii) Establishment.--Not later than July
1, 2026, the Secretary shall carry out
demonstration projects in selected States under
which school meals are provided at no charge to
every student at an eligible school in the
selected State.
``(iii) State selection.--
``(I) In general.--The Secretary
shall select not more than 5 States to
each carry out a demonstration project.
``(II) Applications.--A State
seeking to carry out a demonstration
project shall submit to the Secretary
an application at such time, in such
manner, and containing such information
as the Secretary may require.
``(III) Priority.--In carrying out
subclause (I), the Secretary shall give
priority to a State based on--
``(aa) the level of
childhood poverty in the State;
``(bb) the extent to which
the State has implemented
subparagraph (F);
``(cc) the extent to which
the direct certification rate
of the State meets the required
percentage (as defined in
section 9(b)(4)(F)(i));
``(dd) the extent to which
the State demonstrates a
commitment to providing
technical assistance to local
educational agencies that will
implement the demonstration
project in the State; and
``(ee) the extent to which
the State demonstrates a
commitment to providing non-
Federal funding under clause
(vi)(III).
``(iv) Start date.--A demonstration project
shall begin in a selected State on the first
day of the school year in that State.
``(v) Special assistance payments.--
``(I) First year.--For each month
of the first school year during which a
demonstration project is carried out, a
selected State shall receive special
assistance payments at the rate for
free meals for a percentage of all
reimbursable meals served in eligible
schools in the State in an amount equal
to the product obtained by
multiplying--
``(aa) 1.9; and
``(bb) the percentage of
identified students in eligible
schools in the State as of the
last day of the prior school
year, up to a maximum of 100
percent.
``(II) Subsequent years.--For each
month of the second school year and
each subsequent school year during
which a demonstration project is
carried out, a selected State shall
receive special assistance payments at
the rate for free meals for a
percentage of all reimbursable meals
served in eligible schools in the State
in an amount equal to the product
obtained by multiplying--
``(aa) 1.9; and
``(bb) the higher of--
``(AA) the
percentage of
identified students in
eligible schools as of
the last day of the
prior school year; and
``(BB) the
percentage of
identified students in
eligible schools as of
the last day of the
school year prior to
the first school year
during which a
demonstration project
is carried out, up to a
maximum of 100 percent.
``(III) Payment for other meals.--
With respect to the reimbursable meals
described in subclauses (I) and (II)
for which a selected State is not
receiving special assistance payments
under this clause, the reimbursement
rate shall be the rate provided under
section 4.
``(IV) Payments in lieu of.--A
special assistance payment made under
this clause shall be in lieu of any
other special assistance payment made
under this paragraph.
``(vi) State implementation.--
``(I) Preliminary activities.--Each
selected State shall, in the school
year preceding the first school year
during which the demonstration project
shall be carried out in the State--
``(aa) identify each
eligible school in the State;
``(bb) in consultation with
the Secretary, combine the
percentage of identified
students across eligible
schools for the purpose of
calculating the maximum
reimbursement rate to ensure
that the special assistance
payments received under clause
(v) are for the maximum amount;
``(cc) inform local
educational agencies of the
demonstration project; and
``(dd) coordinate with
local educational agencies to
provide information about the
demonstration project to
parents or guardians of
students attending eligible
schools.
``(II) Meal service.--As part of a
demonstration project, an eligible
school in a selected State--
``(aa) shall not collect
applications for free and
reduced price lunches under
this Act; and
``(bb) shall make school
meals available to all children
at the school at no charge.
``(III) Non-federal funding.--
``(aa) In general.--Each
selected State may support the
demonstration project using--
``(AA) funds from
State and local sources
that are used for the
maintenance of the free
lunch program under
this Act and the free
breakfast program under
section 4 of the Child
Nutrition Act of 1966
(42 U.S.C. 1773); and
``(BB) State
revenues appropriated
or used for program
purposes under section
7.
``(bb) Non-federal
contributions.--In addition to
the funding received under this
Act and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et
seq.), each selected State
shall provide funding from non-
Federal sources to ensure that
local educational agencies in
the State receive the free
reimbursement rate for not less
than 90 percent of the meals
served at eligible schools.
``(cc) Continuation of free
rate.--A selected State that
receives special assistance
payments at the free
reimbursement rate under
subparagraph (F) for more than
90 percent of the meals served
at eligible schools during the
school year preceding the first
school year during which a
demonstration project is
carried out shall continue to
receive the free reimbursement
rate for not less than the same
percentage of meals in each
school year during which a
demonstration project is
carried out.
``(vii) Report.--
``(I) In general.--Not later than
September 30, 2030, the Secretary,
acting through the Administrator of the
Food and Nutrition Service, shall
submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate
and the Committees on Agriculture and
Education and Labor of the House of
Representatives a report that evaluates
the impact of each demonstration
project in a selected State with
respect to--
``(aa) academic
achievement, absenteeism,
tardiness, the school
environment, child food
insecurity in the selected
State, and other key factors
identified in consultation with
the Secretary of Education;
``(bb) the rate of
participation in the free lunch
program under this Act and the
free breakfast program under
section 4 of the Child
Nutrition Act of 1966 (42
U.S.C. 1773) among identified
students and other students;
``(cc) school meal
services, finances, and
operations in the selected
State;
``(dd) administrative costs
to the selected State and the
school food authorities
participating in the
demonstration project; and
``(ee) the integrity of the
operation of the free lunch
program under this Act in the
selected State.
``(II) Funding.--
``(aa) In general.--On
October 1, 2026, out of any
funds in the Treasury not
otherwise appropriated, the
Secretary of the Treasury shall
transfer to the Secretary to
carry out this clause
$3,000,000, to remain available
until September 30, 2030.
``(bb) Receipt and
acceptance.--The Secretary
shall be entitled to receive,
shall accept, and shall use to
carry out this clause the funds
transferred under item (aa),
without further
appropriation.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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