[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5308 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5308

  To amend the Child Nutrition Act of 1966 and the Richard B. Russell 
  National School Lunch Act to eliminate reduced price breakfasts and 
   lunches and to require that the income guidelines for determining 
eligibility for free breakfasts and free lunches be 200 percent of the 
                 poverty-level, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2019

 Mr. Ryan (for himself, Mr. Thompson of California, Mrs. Dingell, Mr. 
Hastings, Mr. Thompson of Mississippi, Ms. Jackson Lee, and Mrs. Hayes) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL


 
  To amend the Child Nutrition Act of 1966 and the Richard B. Russell 
  National School Lunch Act to eliminate reduced price breakfasts and 
   lunches and to require that the income guidelines for determining 
eligibility for free breakfasts and free lunches be 200 percent of the 
                 poverty-level, 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) In General.--This Act may be cited as the ``Expanding Access to 
School Meals Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act are as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--REPEAL OF REDUCED PRICE BREAKFASTS AND LUNCHES

Sec. 101. Repeal of reduced price breakfasts.
Sec. 102. Repeal of reduced price lunches.
             TITLE II--EXPANSION OF FREE LUNCH ELIGIBILITY

Sec. 201. Poverty level for free lunch.
Sec. 202. Direct certification for children receiving Medicaid 
                            benefits.
Sec. 203. Direct certification for children enrolled in CHIP.
Sec. 204. Retroactive reimbursement.
Sec. 205. Increase of community eligibility program multiplier.

        TITLE I--REPEAL OF REDUCED PRICE BREAKFASTS AND LUNCHES

SEC. 101. REPEAL OF REDUCED PRICE BREAKFASTS.

    (a) In General.--Section 4 of the Child Nutrition Act of 1966 (42 
U.S.C. 1758) is amended by adding at the end the following:
    ``(f) Repeal of Reduced Price Breakfasts.--Notwithstanding any 
other provision of law, the reduced price breakfast program is repealed 
and the Secretary may not provide reimbursements for reduced price 
breakfasts under this section.''.
    (b) Conforming Amendments.--The Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.) is amended--
            (1) by striking ``or reduced price'' each place it appears;
            (2) by striking ``for a reduced price'' each place it 
        appears;
            (3) by striking ``or at a reduced price'' each place it 
        appears;
            (4) by striking ``for reduced price breakfasts'' each place 
        it appears; and
            (5) by striking ``and reduced price'' each place it 
        appears.
    (c) Further Conforming Amendments.--Section 4(b) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1758(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking the second 
                sentence; and
                    (B) by striking subparagraph (C); and
            (2) in paragraph (2), by striking subparagraph (C).

SEC. 102. REPEAL OF REDUCED PRICE LUNCHES.

    (a) In General.--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. REPEAL OF REDUCED PRICE LUNCHES.

    ``Notwithstanding any other provision of law, the reduced price 
lunch program is repealed and the Secretary may not provide 
reimbursements for reduced price lunches under this Act.''.
    (b) Conforming Amendments.--The Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.) is amended--
            (1) by striking ``or reduced price'' each place it appears;
            (2) by striking ``or a reduced price'' each place it 
        appears;
            (3) by striking ``or reduced-price'' each place it appears;
            (4) by striking ``and reduced price'' each place it 
        appears; and
            (5) by striking ``a reduced price'' each place it appears.

             TITLE II--EXPANSION OF FREE LUNCH ELIGIBILITY

SEC. 201. POVERTY LEVEL FOR FREE LUNCH.

    Section 9(b)(1)(A) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(b)(1)(A)) is amended--
            (1) by striking the third sentence; and
            (2) by striking ``130 percent'' and inserting ``200 
        percent''.

SEC. 202. DIRECT CERTIFICATION FOR CHILDREN RECEIVING MEDICAID 
              BENEFITS.

    Section 9(b)(15) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(b)(15)) is amended to read as follows:
            ``(15) Direct certification for children receiving medicaid 
        benefits.--
                    ``(A) Agreement.--Beginning not later than 90 days 
                after the date of the enactment of the Expanding Access 
                to School Meals Act of 2019, each State agency shall 
                enter into an agreement with the one or more State 
                agencies conducting eligibility determinations for the 
                Medicaid program.
                    ``(B) Procedures.--Subject to 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.
                    ``(C) Certification.--Subject to paragraph (6), 
                under the agreement, the local educational agencies 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 section 4 of the Child Nutrition 
                Act of 1966 (42 U.S.C. 1773), without further 
                application.
                    ``(D) Definitions.--In this paragraph:
                            ``(i) Eligible child.--The term `eligible 
                        child' means a child--
                                    ``(I) is a member of a family that 
                                meets the income eligibility 
                                requirements under paragraph (1)(A); 
                                and
                                    ``(II) is enrolled in medical 
                                assistance under a Medicaid State plan 
                                (or a waiver of such plan) under title 
                                XIX of the Social Security Act (42 
                                U.S.C. 1396 et seq.)
                            ``(ii) Medicaid program.--The term Medicaid 
                        program means the program of medical assistance 
                        established under title XIX of the Social 
                        Security Act (42 U.S.C. 1396 et seq.).
                    ``(E) Applicability.--This paragraph applies to--
                            ``(i) in the case of the school year 
                        beginning July 2020, a school district that had 
                        an enrollment of 25,000 students or more in the 
                        preceding school year;
                            ``(ii) in the case of the school year 
                        beginning July 2021, a school district that had 
                        an enrollment of 10,000 students or more in the 
                        preceding school year; and
                            ``(iii) in the case of the school year 
                        beginning July 2022, and each subsequent school 
                        year, each local educational agency.''.

SEC. 203. DIRECT CERTIFICATION FOR CHILDREN ENROLLED IN CHIP.

    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) Direct certification for children enrolled in 
        chip.--
                    ``(A) Agreement.--Beginning not later than 90 days 
                after the date of the enactment of this paragraph, each 
                State agency shall enter into an agreement with the 
                State agency conducting eligibility determinations for 
                child health assistance under a State child health plan 
                (or a waiver of such plan) under title XXI of the 
                Social Security Act (42 U.S.C. 1397 et seq.).
                    ``(B) Procedures.--Subject to paragraph (6), the 
                agreement shall establish procedures under which an 
                eligible child shall be certified as eligible 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.
                    ``(C) Certification.--Subject to 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 section 4 of the Child Nutrition Act 
                of 1966 (42 U.S.C. 1773), without further application.
                    ``(D) Eligible child defined.--In this paragraph, 
                the term `eligible child' means a child who--
                            ``(i) is a member of a family that meets 
                        the income eligibility requirements under 
                        paragraph (1)(A); and
                            ``(ii) is enrolled in child health 
                        assistance under a State child health plan (or 
                        a waiver of such plan) under title XXI of the 
                        Social Security Act (42 U.S.C. 1397 et seq.)
                    ``(E) Applicability.--This paragraph applies to--
                            ``(i) in the case of the school year 
                        beginning July 2020, a school district that had 
                        an enrollment of 25,000 students or more in the 
                        preceding school year;
                            ``(ii) in the case of the school year 
                        beginning July 2021, a school district that had 
                        an enrollment of 10,000 students or more in the 
                        preceding school year; and
                            ``(iii) in the case of the school year 
                        beginning July 2022, and each subsequent school 
                        year, each local educational agency.''.

SEC. 204. 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 meals for the period that begins 
                        on the earlier of the following:
                                    ``(I) The first day of the current 
                                school year.
                                    ``(II) The date that is 90 days 
                                prior to the date of such eligibility 
                                approval.
                            ``(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.''.

SEC. 205. INCREASE OF COMMUNITY ELIGIBILITY PROGRAM MULTIPLIER.

    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, 2020, the 
                        multiplier shall be 1.8''.
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