[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7887 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7887

To reimburse school food authorities at the free rate for meals served 
during school year 2020-2021 under the school breakfast program and the 
             school lunch program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2020

Mr. Scott of Virginia (for himself, Ms. Omar, Ms. Fudge, Ms. Bonamici, 
 Mr. McGovern, Ms. Velazquez, Mr. Ryan, Mrs. Davis of California, Mrs. 
  Trahan, Mr. Morelle, Ms. Wild, Mr. Castro of Texas, Mr. DeSaulnier, 
     Mrs. Watson Coleman, Ms. Adams, Mrs. Hayes, and Mr. Grijalva) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL


 
To reimburse school food authorities at the free rate for meals served 
during school year 2020-2021 under the school breakfast program and the 
             school lunch program, 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 ``Pandemic Child Hunger Prevention 
Act''.

SEC. 2. REIMBURSEMENT FOR MEALS SERVED DURING SCHOOL YEAR 2020-2021.

    (a) Provisions Relating to School Year 2020-2021.--
            (1) Reimbursements during school year 2020-2021.--
        Notwithstanding any other provision of law, during school year 
        2020-2021, in making reimbursements to a State--
                    (A) for lunches served by school food authorities 
                in such State under the school lunch program under the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1751 et seq.), the Secretary shall reimburse such State 
                at the free lunch rate; and
                    (B) for breakfasts served by school food 
                authorities in such State under the school breakfast 
                program under section 4 of the Child Nutrition Act of 
                1966 (42 U.S.C. 1773), the Secretary shall reimburse 
                such State at the free breakfast rate.
            (2) Participation in meal programs during school year 2020-
        2021.--Notwithstanding any other provision of law, during 
        school year 2020-2021, all children enrolled in a school that 
        participates--
                    (A) in the school lunch program under the Richard 
                B. Russell National School Lunch Act (42 U.S.C. 1751 et 
                seq.) shall be eligible (without application) to 
                receive free lunch under such Act; and
                    (B) in the school breakfast program under section 4 
                of the Child Nutrition Act of 1966 (42 U.S.C. 1773) 
                shall be eligible (without application) to receive free 
                breakfast under such section.
            (3) One-time election to exclude school year 2020-2021.--
        Notwithstanding any other provision of law, a local educational 
        agency may make a one-time election to exclude school year 
        2020-2021 from the 4-year period during which such local 
        educational agency elects to receive payments under 
        subparagraphs (C), (E), or (F) of section 11(a)(1) of the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 
        1759a(a)(1)).
    (b) Provisions Relating to School Year 2021-2022.--
            (1) Calculation of identified students for school year 
        2021-2022.--For school year 2021-2022, in determining the 
        percentage of identified students under section 11(a)(1)(F) of 
        the Richard B. Russell National School Lunch Act (42 U.S.C. 
        1759a(a)(1)(F)), local educational agencies and States--
                    (A) shall certify students in accordance with 
                paragraphs (4), (5), (6), and (15) of section 9(b) of 
                such Act (42 U.S.C. 1758(b)) not later than April 1, 
                2021; and
                    (B) notwithstanding any other provision of law, may 
                use the percentage of identified students--
                            (i) as of August 31, 2020; or
                            (ii) as of August 31, 2021.
            (2) Selection of schools under fresh fruit and vegetable 
        program for school year 2021-2022.--Notwithstanding any other 
        provision of law, for purposes of participating in the program 
        under section 19 of the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1769a) during school year 2021-2022, each 
        State shall use the percentage of identified students for such 
        school year determined in accordance with paragraph (1) to 
        determine which schools meet the requirements of subsection 
        (d)(1)(A)(i) of such section 19 (42 U.S.C. 1769a(d)(1)(A)(i)).
            (3) Paid lunch calculation for school year 2021-2022.--
        Notwithstanding any other provision of law, for purposes of 
        establishing a price for paid lunches under section 12(p) of 
        the Richard B. Russell National School Lunch Act (42 U.S.C. 
        1760(p)) for school year 2021-2022--
                    (A) school year 2020-2021 shall not apply as the 
                previous school year; and
                    (B) school year 2019-2020 shall apply as the 
                previous school year.
    (c) Definitions.--In this section:
            (1) Free breakfast rate.--The term ``free breakfast rate'' 
        means the amount equal to--
                    (A) the national average breakfast payment for free 
                breakfast under section 4(b)(1)(B) of the Child 
                Nutrition Act of 1966 (42 U.S.C. 1773(b)(1)(B)) (as 
                adjusted pursuant to section 11(a) of the Richard B. 
                Russell National School Lunch Act (42 U.S.C. 
                1759a(a))), plus
                    (B) in the case of a school food authority that 
                meets the requirements for severe need under section 
                4(b)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 
                1773(b)(2)), the additional payment amount specified 
                under such section (as adjusted pursuant to section 
                11(a) of the Richard B. Russell National School Lunch 
                Act (42 U.S.C. 1759a(a))), plus
                    (C) the additional amount under section 4(b)(3) of 
                the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)(3)).
            (2) Free lunch rate.--The term ``free lunch rate'' means 
        the amount equal to--
                    (A) the national average lunch rate under section 
                4(b)(2) of the Richard B. Russell National School Lunch 
                Act (42 U.S.C. 1753(b)(2)) (as adjusted pursuant to 
                section 11(a) of such Act (42 U.S.C. 1759a(a))), plus
                    (B) in the case of a school food authority in which 
                60 percent or more of the lunches served in the school 
                lunch program during the second preceding school year 
                were served free or at a reduced price, the additional 
                payment amount specified under section 4(b)(2) of such 
                Act (42 U.S.C. 1753(b)(2)), plus
                    (C) in the case of a school food authority that is 
                determined eligible under subparagraph (D) of section 
                4(b)(3) of such Act (42 U.S.C. 1753(b)(3)), the 
                additional payment amount specified in subparagraph 
                (C)(i) of such section (as adjusted pursuant to section 
                11(a) of such Act (42 U.S.C. 1759a(a))), plus
                    (D) the applicable special assistance factor under 
                section 11(a)(2) of such Act (42 U.S.C. 1759a(a)(2)) 
                (as adjusted pursuant to section 11(a) of such Act (42 
                U.S.C. 1759a(a))).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 3. ELIGIBILITY UNDER OTHER CHILD NUTRITION PROGRAMS DURING SCHOOL 
              YEAR 2020-2021.

    (a) In General.--Notwithstanding any other provision of law, during 
school year 2020-2021, each child enrolled in a school that 
participates in the school lunch program under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.) or in the school 
breakfast program under section 4 of the Child Nutrition Act of 1966 
(42 U.S.C. 1773) shall be treated under a qualified child nutrition 
program as a child certified eligible (without application) for free 
school meals.
    (b) Qualified Child Nutrition Program Defined.--In this section, 
the term ``qualified child nutrition program'' means--
            (1) the summer food service program for children under 
        section 13(a)(1)(A)(i) of the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1761(a)(1)(A)(i));
            (2) the program for at-risk school children under section 
        17(r) of the Richard B. Russell National School Lunch Act (42 
        U.S.C. 1766(r)); and
            (3) the meal supplements for children in afterschool care 
        program under section 17A of the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1766a).
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