I 111th CONGRESS 1st Session H. R. 4148 IN THE HOUSE OF REPRESENTATIVES November 19, 2009 Mr. Loebsack (for himself, Mrs. Emerson, Mr. Grijalva, Mrs. Davis of California, Mr. Polis of Colorado, Mr. McGovern, Ms. Chu, Ms. McCollum, Ms. Woolsey, Mr. Andrews, Mr. Scott of Virginia, and Mr. Al Green of Texas) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Richard B. Russell National School Lunch Act to improve and expand direct certification procedures for the national school lunch and school breakfast programs, and for other purposes.
1.
Short title
This Act may be cited as the Hunger Free Schools Act.
2.
Improving direct certification
(a)
Performance awards
Section 9(b)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) is amended— (1)in the paragraph heading, by striking food stamp and inserting supplemental nutrition assistance program; and (2)by adding at the end the following: (E)
Performance awards
(i)
In general
Effective for each of the schools years beginning July 1, 2010, July 1, 2011, and July 1, 2012, the Secretary shall offer performance awards to States to encourage the States to ensure that all children eligible for direct certification under this paragraph are certified in accordance with this paragraph. (ii)
Requirements
For each school year described in clause (i), the Secretary shall— (I)consider State data from the prior school year, including estimates contained in the report required under section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a); and (II)make performance awards to, as determined by the Secretary— (aa)5 States that demonstrate outstanding performance; and (bb)5 States that demonstrate substantial improvement. (iii)
Funding
(I)
In general
On October 1, 2010, and on each October 1 thereafter through October 1, 2012, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary, to remain available until expended— (aa)$2,000,000 to carry out clause (ii)(II)(aa); and (bb)$2,000,000 to carry out clause (ii)(II)(bb). (II)
Receipt and acceptance
The Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under subclause (I), without further appropriation. . (b)
Continuous improvement plans
Section 9(b)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by subsection (a)) is amended by adding at the end the following: (F)
Continuous improvement plans
(i)
In general
Each school year, the Secretary shall— (I)identify, using estimates contained in the report required under section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a), States that directly certify less than 95 percent of the total number of children in the State who are eligible for direct certification under this paragraph; and (II)require the States identified under subclause (I) to implement a corrective action plan to fully meet the requirements of this paragraph. (ii)
Improving performance
A State may include in a corrective action plan under clause (i)(II) methods to improve direct certification required under this paragraph or paragraph (15) and discretionary certification under paragraph (5). (iii)
Failure to meet performance standard
(I)
In general
A State that is required to implement a corrective action plan under clause (i)(II) shall be required to submit to the Secretary, for the approval of the Secretary, a direct certification improvement plan for the following school year. (II)
Requirements
A direct certification improvement plan under subclause (I) shall include— (aa)specific measures that the State will use to identify more children who are eligible for direct certification; (bb)a timeline for the State to implement those measures; and (cc)goals for the State to improve direct certification results. . (c)
Without further application
Section 9(b)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by subsection (b)) is amended by adding at the end the following: (G)
Without further application
(i)
In general
In this paragraph, the term without further application means that no action is required by the household of the child. (ii)
Clarification
A requirement that a household return a letter notifying the household of eligibility for direct certification or eligibility for free school meals does not meet the requirements of clause (i). .
3.
Report on using statewide education databases for direct certification
(a)
Report
Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall prepare and submit to Congress a report regarding how statewide databases developed by States to track compliance with the requirements of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) can be used for purposes of direct certification under section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)). (b)
Contents
The report described in subsection (a) shall— (1)identify the States that have, as of the time of the report, developed statewide databases to track compliance with the requirements of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); (2)describe best practices regarding how such statewide databases can be used for purposes of direct certification under section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)); (3)include case studies of States that have expanded such statewide databases so that such statewide databases can be used for direct certification purposes; and (4)identify States with such statewide databases that would be appropriate for expansion for direct certification purposes. (c)
Funding
(1)
In general
On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $500,000, to remain available through September 30, 2013. (2)
Receipt and acceptance
The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.
4.
Expanding direct certification
(a)
Direct Certification for Children Receiving Medicaid or SCHIP
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: (14)
Direct certification for children receiving medicaid or schip
(A)
Definition of eligible child
In this paragraph, the term eligible child means a child— (i)(I)who is eligible for and receiving medical assistance under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or child health assistance under the State children’s health insurance program under title XXI of that Act (42 U.S.C. 1397aa et seq.); and (II)whose family income, as used for purposes of determining eligibility for the relevant program in subclause (I), does not exceed 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 that eligibility; or (ii)a child 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 provisions)) with a child described in clause (i). (B)
Agreement
Subject to subparagraph (D), each State agency shall enter into an agreement with the State agency conducting eligibility determinations for the programs described in subparagraph (A)(i). (C)
Procedures
Subject to subparagraph (D) and paragraph (6), the agreement shall establish procedures under which an eligible child shall 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)). (D)
Certification
Subject to subparagraph (D) and paragraph (6), under the agreement, the local educational agency conducting eligibility determinations for a school lunch program under this Act and a school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall certify an eligible child as eligible for free lunches under this Act and free breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), without further application (as defined in paragraph (4)(G)). (E)
Applicability
This paragraph applies to— (i)in the case of the school year beginning July 1, 2010, any State or local educational agency that elects to participate in direct certification under this paragraph; (ii)in the case of the school year beginning July 1, 2011, a local educational agency that had an enrollment of 25,000 students or more in the preceding school year; (iii)in the case of the school year beginning July 1, 2012, a local educational agency that had an enrollment of 10,000 students or more in the preceding school year; and (iv)in the case of the school year beginning July 1, 2013, and each subsequent school year, each local educational agency. (F)
Grants
(i)
In general
The Secretary shall provide grants to State agencies that carry out child nutrition programs (as defined in section 25(b)) or conduct eligibility determinations for the programs described in subparagraph (A)(i) for activities associated with implementing this paragraph, including— (I)computer system upgrades; (II)reprogramming to allow for data matches; and (III)training local educational agency staff. (ii)
Requirement
The Secretary shall use funds made available under this subparagraph to provide— (I)initial grants of $50,000 to each State agency; and (II)the remainder of the funds through competitive grants based on criteria established by the Secretary. (iii)
Funding
(I)
In general
On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subparagraph $15,000,000, to remain available until expended. (II)
Receipt and acceptance
The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subparagraph the funds transferred under subclause (I), without further appropriation. . (b)
Direct certification pilot program
Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) (as amended by subsection (a)) is amended by adding at the end the following: (15)
Direct certification pilot program
(A)
In general
For the school year beginning July 1, 2010, the Secretary shall carry out a pilot program to evaluate the use of program data, including data relating to medical assistance under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or child health assistance under the State children’s health insurance program under title XXI of that Act (42 U.S.C. 1397aa et seq.), for direct certification of children for reduced price school meals. (B)
Requirements
The evaluation shall include— (i)an analysis of the number of children directly certified for reduced price meals; (ii)an assessment of— (I)the workload reduction for school districts associated with processing fewer paper applications and having a smaller verification sample; and (II)the workload associated with directly certifying children for reduced price meals; (iii)an analysis of the number of children made eligible for reduced price meals who would have been eligible for paid meals or free meals if a paper application had been submitted on behalf of the child; and (iv)testing of various mechanisms to ensure that no child receives a lower level of benefits as a result of the pilot than the child would have received had a paper application been submitted and approved. (C)
Report
Not later than December 31, 2011, 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 describing the results of the pilot program under this paragraph. (D)
Funding
(i)
In general
On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this paragraph $4,000,000, to remain available until expended. (ii)
Receipt and acceptance
The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under clause (i), without further appropriation. . (c)
Direct certification of children of military personnel
Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) (as amended by subsection (b)) is amended by adding at the end the following: (16)
Direct certification of children of military personnel
Subject to paragraph (6), any local educational agency may certify any child as eligible for free lunches or breakfasts, without further application (as defined in paragraph (4)(G)), by directly communicating with the appropriate commander at the military installation or facility concerned to obtain documentation of the status of the child as a member of a household that is eligible for a supplemental subsistence allowance for low-income members with dependents under section 402a of title 37, United States Code. . (d)
Agreement for direct certification and cooperation by State medicaid and CHIP agencies
(1)
In general
Section 1902(a)(7) of the Social Security Act (42 U.S.C. 1396a(a)(7)) is amended— (A)by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and realigning the left margins accordingly; (B)in clause (ii) (as so redesignated)— (i)by striking at State option,; (ii)by inserting certify or before verify the certification of eligibility; and (iii)by adding and after the semicolon; (C)by striking provide safeguards and inserting “provide— (A)safeguards ; and (D)by adding at the end the following: (B)that, notwithstanding the option under subsection (e)(13) (relating to Express Lane eligibility), not later than July 1, 2010, the State shall enter into an agreement with the State agency administering the school lunch program established under the Richard B. Russell National School Lunch Act under which the State shall establish procedures to ensure that— (i)any child receiving medical assistance under the State plan under this title or child health assistance under a State child health plan under title XXI whose family income does not exceed 133 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act, including any revision required by such section) applicable to a family of the size involved, shall be certified as eligible for free lunches under the Richard B. Russell National School Lunch Act and free breakfasts under the Child Nutrition Act of 1966 without further application; and (ii)the State agencies responsible for administering the State plan under this title, the State child health plan under title XXI, and for carrying out child nutrition programs (as defined in section 25(b) of the Richard B. Russell National School Lunch Act) cooperate in carrying out paragraphs (3)(F) and (14) of section 9(b) of that Act; . (2)
Effective date
(A)
In general
Except as provided in paragraph (2), the amendments made by this subsection take effect on the date of enactment of this Act. (B)
Extension of effective date for State law amendment
In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of the amendments made by this section solely on the basis of its failure to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.
5.
Hunger free schools
(a)
Eligibility
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: (F)
Data-based eligibility
(i)
In general
A school or local educational agency may elect to receive special assistance payments under clause (ii) in lieu of special assistance payments otherwise made available under this paragraph based on applications for free and reduced price lunches if the school or local educational agency— (I)elects to serve all children in the school or local educational agency free lunches and breakfasts under the school lunch program and school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), during a period of 5 successive school years; and (II)pays, from sources other than Federal funds, the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (ii)
Alternative data sources
Subject to criteria established by the Secretary not later than December 31, 2010, special assistance payments under clause (i) may be based on an estimate of the number of children eligible for free and reduced price lunches under section 9(b)(1)(A) derived from recent data other than applications, including— (I)a socioeconomic survey of a representative sample of households of students, which may exclude students who have been directly certified under paragraphs (4), (5), (14), (15), and (16) of section 9(b); (II)data from the American Community Survey of the Bureau of the Census; (III)data on receipt of income-tested public benefits by students or the households of students or income data collected by public benefit programs, including— (aa)the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); (bb)the medical assistance program under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); (cc)the supplemental security income program established under title XVI of that Act (42 U.S.C. 1381 et seq.); and (dd)the program of block grants to States for temporary assistance for needy families established under part A of title IV of that Act (42 U.S.C. 601 et seq.); or (IV)other data, including State or local survey data and State or local tax records. (iii)
Review and approval
The Secretary shall— (I)review any proposal submitted by a school or local educational agency that relies on the alternative data sources described in clause (ii) to develop an estimate of the number of children eligible for free and reduced price lunches under section 9(b)(1)(A); and (II)approve the proposals that meet the criteria established under clause (ii). (iv)
Payments
(I)
Free meals
For each month of the period during which a school or local educational agency described in clause (i) serves free lunches or breakfasts to all enrolled children, special assistance payments at the rate for free meals shall be made for a percentage of all reimbursable meals served that is equal to the percentage of students estimated to be eligible for free meals. (II)
Reduced price meals
For each month of the period during which the school or local educational agency serves free lunches or breakfasts to all enrolled children, special assistance payments at the rate for reduced price meals shall be made for a percentage of all reimbursable meals served that is equal to the percentage of students estimated to be eligible for reduced price meals. (III)
Other meals
For each month of the period during which the school or local educational agency serves free lunches or breakfasts to all enrolled children, special assistance payments at the rate provided under section 4 shall be made for the remainder of the reimbursable meals served. (v)
Renewals
(I)
In general
A school or local educational agency described in clause (i) may reapply to the Secretary at the end of the period described in clause (i), and at the end of each period thereafter for which the school or local educational agency receives special assistance payments under this subparagraph, for the purpose of continuing to receive the reimbursements and assistance for a subsequent 5-school-year period. (II)
Approval
The Secretary shall approve an application under this clause if available socioeconomic data demonstrate that the income level of the population of the school or local educational agency has remained consistent with or below the income level of the population of the school or local educational agency in the last year in which reimbursement rates were determined under clause (ii). (III)
Data
Not later than December 31, 2010, the Secretary shall establish criteria regarding the socioeconomic data that may be used by a school or local educational agency when applying for a renewal of the special assistance payments for a subsequent 5-school-year period. (G)
High-poverty areas
(i)
In general
A school or local educational agency may elect to receive special assistance payments under clause (ii) in lieu of special assistance payments otherwise made available under this paragraph based on applications for free and reduced price lunches if the school or local educational agency— (I)during a period of 2 successive school years, selects to serve all children in the school or local educational agency free lunches and breakfasts under the school lunch program under this Act and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); (II)pays, from sources other than Federal funds, the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and during the prior school year, directly certified under paragraphs (4), (5), (14), (15), and (16) of section 9(b) at least 40 percent of the enrolled students; or (III)that received payments under this subparagraph for the prior school year, directly certifies under paragraphs (4), (5), (14), (15), and (16) of section 9(b) at least 30 percent of the enrolled students. (ii)
Payments
(I)
In general
For each month of the school year, special assistance payments at the rate for free meals shall be made under this subparagraph for a percentage of all reimbursable meals served in an amount equal the product obtained by multiplying— (aa)1.5; by (bb)the percentage of students directly certified under paragraphs (4), (5), (14), (15), and (16) of section 9(b), up to a maximum of 100 percent. (II)
Other meals
The percentage of meals served that is not described in subclause (I) shall be reimbursed at the rate provided under section 4. (iii)
Election of option
(I)
In general
Any school or local educational agency eligible for the option under clause (i) may elect to receive special assistance payments under clause (ii) for the next school year if the school or local educational agency provides to the State agency evidence of the percentage of students directly certified not later than June 30 of the current school year. (II)
State agency notification
Not later than May 1 of each school year, each State agency shall notify— (aa)any local educational agency that appears, based on reported verification summary data, to have directly certified at least 40 percent of the enrolled students for the current school year, that the local educational agency may be eligible to elect to receive special assistance payments under clause (ii) for the next school year and explain the procedures for the local educational agency to make such an election; and (bb)any local educational agency that appears, based on reported verification summary data, to have directly certified at least 30 percent of the enrolled students for the current school year, that the local educational agency may become eligible to elect to receive special assistance payments under clause (ii) for a future school year if the local educational agency directly certifies at least 40 percent of the enrolled students. (III)
Local education agency notification
Not later than May 1 of each school year, each local educational agency shall notify— (aa)any school that directly certified at least 40 percent of the enrolled students for the current school year, that the school is eligible to elect to receive special assistance payments under clause (ii) for the next school year and explain the procedures for the school to make such an election; and (bb)any school that directly certified at least 30 percent of the enrolled students for the current school year, that the school may become eligible to elect to receive special assistance payments under clause (ii) for a future school year if the school directly certifies at least 40 percent of the enrolled students. (IV)
Procedures
Not later than December 31, 2010, the Secretary shall establish procedures for State agencies, local educational agencies, and schools to meet the requirements of this subparagraph and exercise the options provided under this subparagraph. . (b)
Conforming amendments
Section 11(a)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(B)) is amended by striking or (E) and inserting (E), (F), or (G).