107 HR 3204 IH: Universal School Meals Program Act of 2023
U.S. House of Representatives
2023-05-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 3204
IN THE HOUSE OF REPRESENTATIVES
May 11, 2023
Ms. Omar (for herself, Mrs. Watson Coleman, Ms. Jacobs, Mr. Larson of Connecticut, Mr. Khanna, Ms. Bush, Mr. McGovern, Ms. Moore of Wisconsin, Ms. Garcia of Texas, Mr. Neguse, Mr. Bowman, Ms. Jayapal, Mrs. Beatty, Ms. Tlaib, Ms. McCollum, Mr. García of Illinois, Mr. Tonko, Mr. Moulton, Mr. Panetta, Mr. Torres of New York, Ms. Lee of California, Ms. Pressley, Mr. Gallego, Mr. Auchincloss, Mr. Cárdenas, Mrs. Ramirez, Mr. Casten, Ms. Schakowsky, Mr. Magaziner, Ms. Jackson Lee, Ms. Balint, Mr. Mullin, Ms. Kuster, Mr. Nadler, Mr. Pocan, Mr. Carson, Mr. DeSaulnier, Mr. McGarvey, Ms. Crockett, Ms. Sánchez, Ms. Brownley, Mr. Huffman, Ms. Barragán, Mr. Casar, Mr. Gomez, Ms. Williams of Georgia, Ms. Lee of Pennsylvania, Mr. Levin, Ms. Adams, Mr. Cleaver, Mr. Schiff, Mr. Espaillat, Mrs. Hayes, Mr. Frost, Ms. Norton, Ms. Chu, Mr. Higgins of New York, Ms. Tokuda, Mrs. Napolitano, Mr. Takano, Ms. Ocasio-Cortez, Mr. Evans, Ms. Lofgren, Ms. Meng, Ms. Stevens, Mr. Grijalva, Mr. Morelle, Mr. Jackson of Illinois, Mr. Raskin, Mr. Cohen, Ms. Pingree, Mr. Blumenauer, and Ms. Castor of Florida) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Agriculture, and Science, Space, and Technology, 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 Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act to make breakfasts and lunches free for all children, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Universal School Meals Program Act of 2023”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
Title I—School Breakfast Program
Sec. 101. Free school breakfast program.
Title II—School Lunch Program
Sec. 201. Apportionment to States.
Sec. 202. Nutritional and other program requirements.
Sec. 203. Special assistance program.
Sec. 204. Price for a paid lunch.
Sec. 205. Summer food service program for children.
Sec. 206. Summer Electronic Benefits Transfer for Children Program.
Sec. 207. Child and adult care food program.
Sec. 208. Meals and supplements for children in afterschool care.
Sec. 209. Pilot projects.
Sec. 210. Fresh fruit and vegetable program.
Sec. 211. Training, technical assistance, and Food Service Management Institute.
Sec. 212. Reimbursement of school meal delinquent debt program.
Sec. 213. Conforming amendments.
Title III—Elementary and Secondary Education Data
Sec. 301. Measure of poverty.
Title IV—Amendments to Other Programs and Laws
Sec. 401. Supplemental nutrition assistance program.
Sec. 402. Higher Education Act of 1965.
Sec. 403. Elementary and Secondary Education Act of 1965.
Sec. 404. America COMPETES Act.
Sec. 405. Workforce Innovation and Opportunity Act.
Sec. 406. National Science Foundation Authorization Act of 2002.
Sec. 407. Child care and development block grant.
Sec. 408. Children’s Health Act of 2000.
Sec. 409. Juvenile justice and delinquency prevention.
2.

Effective date
Unless otherwise provided, this Act, and the amendments made by this Act, shall take effect 1 year after the date of enactment of this Act.
I

School Breakfast Program
101.

Free school breakfast program
(a)

In general
Section 4(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(a)) is amended, in the first sentence—
(1)
by striking “is hereby” and inserting “are”; and
(2)
by inserting “to provide free breakfast to all children enrolled at those schools” before “in accordance”.
(b)

Apportionment to states
Section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)) is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (A)(i), by striking subclause (II) and inserting the following:
“(II)
the national average payment for free breakfasts, as specified in subparagraph (B).”;
(B)
by striking subparagraph (B) and inserting the following:
“(B)

Payment amounts
(i)

In general
The national average payment for each free breakfast shall be $2.80, adjusted annually for inflation in accordance with clause (ii) and rounded in accordance with clause (iii).
(ii)

Inflation adjustment
(I)

In general
The annual inflation adjustment under clause (i) shall reflect changes in the cost of operating the free breakfast program under this section, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers.
(II)

Basis
Each inflation annual adjustment under clause (i) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available.
(iii)

Rounding
On July 1, 2023, and annually thereafter, the national average payment rate for free breakfast shall be—
(I)
adjusted to the nearest lower-cent increment; and
(II)
based on the unrounded amounts for the preceding 12-month period.”;
(C)
by striking subparagraphs (C) and (E); and
(D)
by redesignating subparagraph (D) as subparagraph (C);
(2)
by striking paragraphs (2) and (3);
(3)
by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and
(4)
in paragraph (3) (as so redesignated), by striking “paragraph (3) or (4)” and inserting “paragraph (2)”.
(c)

State disbursement to schools
Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by striking subsection (c) and inserting the following:
“(c)

State disbursement to schools
Funds apportioned and paid to any State for the purpose of this section shall be disbursed by the State educational agency to schools selected by the State educational agency to assist those schools in operating a breakfast program.”.
(d)

No collection of debt
(1)

In general
Notwithstanding any other provision of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) or any other provision of law, effective beginning on the date of enactment of this Act, as a condition of participation in the breakfast program under section 4 of that Act (42 U.S.C. 1773), a school—
(A)
shall not collect any debt owed to the school for unpaid meal charges; and
(B)
shall continue to accrue debt for unpaid meal charges—
(i)
for the purpose of receiving reimbursement under section 212; and
(ii)
until the effective date specified in section 2.
(2)

Child nutrition act of 1966
(A)

In general
Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by striking subsection (d) and inserting the following:
“(d)

No collection of debt
A school participating in the free breakfast program under this section shall not collect any debt owed to the school for unpaid meal charges.”.
(B)

Conforming amendment
Section 23(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1793(a)) is amended by striking “school in severe need, as described in section 4(d)(1)” and inserting the following:
“school—
(1)
that has a free breakfast program under section 4 or seeks to initiate a free breakfast program under that section; and
(2)
of which not less than 40 percent of the students are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5))).”.
(e)

Nutritional and other program requirements
Section 4(e) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)) is amended—
(1)
in paragraph (1)(A), in the second sentence, by striking “free or” and all that follows through the period at the end and inserting “free to all children enrolled at a school participating in the school breakfast program.”; and
(2)
in paragraph (2), in the second sentence, by striking “the full charge to the student for a breakfast meeting the requirements of this section or”.
(f)

Prohibition on breakfast shaming, meal denial
(1)

In general
Effective beginning on the date of enactment of this Act, a school or school food authority—
(A)
shall not—
(i)
physically segregate for the purpose of debt shaming or otherwise discriminate against any child participating in the breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); or
(ii)
overtly identify a child described in clause (i) by a special token or ticket, an announced or published list of names, or any other means; and
(B)
shall provide the program meal to any child eligible under the program.
(2)

Child nutrition act of 1966
Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding at the end the following:
“(f)

Prohibition on breakfast shaming
A school or school food authority shall not—
(1)
physically segregate for the purpose of debt shaming or otherwise discriminate against any child participating in the free breakfast program under this section; or
(2)
overtly identify a child described in paragraph (1) by a special token or ticket, an announced or published list of names, or any other means.”.
(g)

Department of defense overseas dependents’ schools
Section 20(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1789(b)) is amended by striking “by this section” and all that follows through the period at the end and inserting “by this section.”.
(h)

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 “and reduced price” each place it appears; and
(3)
by striking “a reduced price” each place it appears.
II

School Lunch Program
201.

Apportionment to States
Section 4(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)) is amended—
(1)
by striking paragraph (2) and inserting the following:
“(2)

Payment amounts
(A)

In general
The national average payment for each free lunch shall be $4.63, adjusted annually for inflation in accordance with subparagraph (C) and rounded in accordance with subparagraph (D).
(B)

Additional payment for local food
(i)

Definition of locally-sourced farm product
In this subparagraph, the term “locally-sourced farm product” means a farm product that—
(I)
is marketed to consumers—
- (aa)
directly; or
- (bb)
through intermediated channels (such as food hubs and cooperatives); and
(II)
with respect to the school food authority purchasing the farm product, is produced and distributed—
- (aa)
in the State in which the school food authority is located; or
- (bb)
not more than 250 miles from the location of the school food authority.
(ii)

Additional payment eligibility
During a school year, a school food authority shall receive an additional payment described in clause (iii) if the State certifies that the school food authority served meals (including breakfasts, lunches, suppers, and supplements) during the last school year of which not less than 25 percent were made with locally-sourced farm products.
(iii)

Payment amount
(I)

In general
The additional payment amount under this subparagraph shall be—
- (aa)
$0.30 for each free lunch and supper;
- (bb)
$0.21 for each free breakfast; and
- (cc)
$0.08 for each free supplement.
(II)

Adjustments
Each additional payment amount under subclause (I) shall be adjusted annually in accordance with subparagraph (C) and rounded in accordance with subparagraph (D).
(iv)

Disbursement
The State agency shall disburse funds made available under this clause to school food authorities eligible to receive additional reimbursement.
(C)

Inflation adjustment
(i)

In general
The annual inflation adjustment under subparagraphs (A) and (B)(iii) shall reflect changes in the cost of operating the free lunch program under this Act, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers.
(ii)

Basis
Each annual inflation adjustment under subparagraphs (A) and (B)(iii) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available.
(D)

Rounding
On July 1, 2023, and annually thereafter, the national average payment rate for free lunch and the additional payment amount for free breakfast, lunch, supper, and supplement under subparagraph (B) shall be—
(i)
adjusted to the nearest lower-cent increment; and
(ii)
based on the unrounded amounts for the preceding 12-month period.”; and
(2)
by striking paragraph (3).
202.

Nutritional and other program requirements
(a)

Elimination of free lunch eligibility requirements
(1)

In general
Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended by striking subsection (b) and inserting the following:
“(b)

Eligibility
All children enrolled in a school that participates in the school lunch program under this Act shall be eligible to receive free lunch under this Act.”.
(2)

Conforming amendments
(A)
Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended—
(i)
in subsection (c), in the third sentence, by striking “or at a reduced cost”; and
(ii)
in subsection (e), by striking “, reduced price,”.
(B)
Section 28 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769i) is amended—
(i)
by striking subsection (b); and
(ii)
by redesignating subsection (c) as subsection (b).
(C)
Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended—
(i)
by striking clause (i); and
(ii)
by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively.
(D)
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by striking paragraph (7) and inserting the following:
“(7)
provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the plan;”.
(E)
Section 1154(a)(2)(A)(i) of title 10, United States Code, is amended by striking “in accordance with section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)”.
(F)
Section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a) is repealed.
(b)

No collection of debt
(1)

In general
Notwithstanding any other provision of the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or any other provision of law, effective beginning on the date of enactment of this Act, as a condition of participation in the school lunch program under that Act, a school—
(A)
shall not collect any debt owed to the school for unpaid meal charges; and
(B)
shall continue to accrue debt for unpaid meal charges—
(i)
for the purpose of receiving reimbursement under section 212; and
(ii)
until the effective date specified in section 2.
(2)

National school lunch act
Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended by striking subsection (d) and inserting the following:
“(d)

No collection of debt
A school participating in the school lunch program under this Act shall not collect any debt owed to the school for unpaid meal charges.”.
203.

Special assistance program
(a)

In general
Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is repealed.
(b)

Conforming amendments
(1)
Section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755) is amended—
(A)
in subsection (a)(2), by striking “sections 11 and 13” and inserting “section 13”; and
(B)
in subsection (e)(1), in the matter preceding subparagraph (A), by striking “section 4, this section, and section 11” and inserting “this section and section 4”.
(2)
Section 7(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1756(d)) is amended by striking “or 11”.
(3)
Section 8(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1757(g)) is amended by striking “and under section 11 of this Act”.
(4)
Section 12(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(f)) is amended by striking “11,”.
(5)
Section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1766(a)) is amended—
(A)
in paragraph (1)(A), by striking “4, 11, and 17” and inserting “4 and 17”; and
(B)
in paragraph (2)(A), by striking “sections 4 and 11” and inserting “section 4”.
(6)
Section 1101(j)(3) of the Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116–127) is amended—
(A)
by striking “or served under section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d), 1759(a)(1))” and inserting “of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d))”; and
(B)
by striking “or reduced price”.
204.

Price for a paid lunch
Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended—
(1)
in subsection (l)(4)—
(A)
by striking subparagraph (D); and
(B)
by redesignating subparagraphs (E) through (M) as subparagraphs (D) through (L), respectively;
(2)
by striking subsection (p); and
(3)
by redesignating subsections (q) and (r) as subsections (p) and (q), respectively.
205.

Summer food service program for children
Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)(A)(i)—
(i)
in subclause (I), by striking “have been determined eligible for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)” and inserting “are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))”;
(ii)
in subclause (II), by striking “are eligible for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)” and inserting “are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))”;
(iii)
in subclause (III)(bb), by striking “meet the income standards for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)” and inserting “are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))”;
(iv)
in subclause (IV), by striking “are eligible for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)” and inserting “are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))”; and
(v)
in subclause (V), by striking “are eligible for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)” and inserting “are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))”;
(B)
in paragraph (2), by adding at the end the following:
“(C)

Waiver
If the Secretary determines that a program requirement under this section limits the access of children to meals served under this section, the Secretary may waive that program requirement.
(D)

Eligibility
All children shall be eligible to participate in the program under this section.”;
(C)
in paragraph (5), by striking “only for” and all that follows through the period at the end and inserting “for meals served to all children.”; and
(D)
in paragraph (13)—
(i)
in subparagraph (C)(ii), by striking “eligible for a free or reduced price lunch under this Act or a free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)” and inserting “an economically disadvantaged student (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))”; and
(ii)
in subparagraph (D)(ii), by striking “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)” and inserting “economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))”;
(2)
in subsection (b)(2), by striking “may only serve” and all that follows through “migrant children”;
(3)
by striking subsection (c) and inserting the following:
“(c)

Payments
(1)

In general
Payments shall be made to service institutions for meals served—
(A)
during the months of May through September;
(B)
during school vacation at any time during an academic school year;
(C)
during a teacher in-service day; and
(D)
on days that school is closed due to a natural disaster, building repair, court order, or similar cause, as determined by the Secretary.
(2)

Limitation on payments
A service institution shall receive payments under this section for not more than 3 meals and 1 supplement per child per day.”; and
(4)
in subsection (f)(3), by striking “, except that” and all that follows through “section”.
206.

Summer Electronic Benefits Transfer for Children Program
Section 13A of the Richard B. Russell National School Lunch Act (42 U.S.C. 1762) is amended—
(1)
in subsection (b)(2)(A)(i), by striking “$40” and inserting “$60”;
(2)
in subsection (c)(1)—
(A)
in subparagraph (A), by striking “directly certified” and all that follows through “this section” and inserting “an economically disadvantaged student (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))”;
(B)
by striking subparagraph (B); and
(C)
by redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively;
(3)
in subsection (f)—
(A)
in paragraph (3), in the matter preceding subparagraph (A), by striking “processes—” and all that follows through “to reliably” in subparagraph (B) and inserting “processes to reliably”; and
(B)
in paragraph (4), in the matter preceding subparagraph (A), by striking “by—” and all that follows through “establishing” in subparagraph (B) and inserting “by establishing”; and
(4)
in subsection (h), by striking paragraph (2) and inserting the following:
“(2)

Eligible child
The term “eligible child” means any child residing in a State or on land under the jurisdiction of a covered Indian Tribal organization that participates in the program established under this section.”.
207.

Child and adult care food program
Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended—
(1)
in subsection (a)(2), by striking subparagraph (B) and inserting the following:
“(B)
any other private organization providing nonresidential child care or day care outside school hours for school children;”;
(2)
by striking subsection (c) and inserting the following:
“(c)

Free meals
Notwithstanding any other provision of law—
(1)
all meals and supplements served under the program authorized under this section shall be provided for free to participants of the program; and
(2)
an institution that serves those meals and supplements shall be reimbursed—
(A)
in the case of breakfast, at the rate established for free breakfast under section 4(b)(1)(B)(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)(1)(B)(i));
(B)
in the case of lunch, at the rate established for free lunch under section 4(b)(2)(A); and
(C)
in the case of a supplemental meal, $1.20, adjusted for inflation in accordance with section 4(b)(2)(C).”;
(3)
in subsection (f)—
(A)
in paragraph (2), by striking subparagraph (B) and inserting the following:
“(B)

Limitation to reimbursements
An institution may claim reimbursement under this paragraph for not more than 3 meals and 1 supplement per day per child.”;
(B)
by striking paragraph (3); and
(C)
by redesignating paragraph (4) as paragraph (3);
(4)
in subsection (o)—
(A)
by striking paragraph (4); and
(B)
by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and
(5)
in subsection (r)—
(A)
in the subsection heading, by striking “Program for At-risk School Children” and inserting “Afterschool Meal and Snack Program”;
(B)
by striking “at-risk school” each place it appears and inserting “eligible”;
(C)
in paragraph (1)—
(i)
in the paragraph heading, by striking “AT-RISK SCHOOL” and inserting “ELIGIBLE”; and
(ii)
in subparagraph (B), by striking “operated” and all that follows through the period at the end and inserting a period; and
(D)
in paragraph (4)(A), by striking “only for” and all that follows through the period at the end and inserting the following:
“for—
(i)
not more than 1 meal and 1 supplement per child per day served on a regular school day; and
(ii)
not more than 3 meals and 1 supplement per child per day served on any day other than a regular school day.”.
208.

Meals and supplements for children in afterschool care
Section 17A of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766a) is amended—
(1)
in the section heading, by striking “meal supplements” and inserting “meals and supplements”;
(2)
in subsection (a)(1), by striking “meal supplements” and inserting “free meals and supplements”;
(3)
in subsection (b), by inserting “meals and” before “supplements”; and
(4)
by striking subsection (c) and inserting the following:
“(c)

Reimbursement
(1)

In general
(A)

Meals
A free meal provided under this section to a child shall be reimbursed at a rate of $4.63, adjusted annually for inflation in accordance with paragraph (3)(A) and rounded in accordance with paragraph (3)(B).
(B)

Supplements
A free supplement provided under this section to a child shall be reimbursed at the rate at which free supplements are reimbursed under section 17(c)(2)(C).
(2)

Limitation to reimbursements
An institution may claim reimbursement under this section for not more than 1 meal and 1 supplement per day per child served on a regular school day.
(3)

Inflation; rounding
(A)

Inflation adjustment
(i)

In general
The annual inflation adjustment under paragraph (1)(A) shall reflect changes in the cost of operating the program under this section, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers.
(ii)

Basis
Each inflation annual adjustment under paragraph (1)(A) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available.
(B)

Rounding
On July 1, 2023, and annually thereafter, the reimbursement rate for a free meal under this section shall be—
(i)
adjusted to the nearest lower-cent increment; and
(ii)
based on the unrounded amounts for the preceding 12-month period.”.
209.

Pilot projects
Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended—
(1)
in subsection (g)(5), by striking subparagraph (B) and inserting the following:
“(B)
serve a high proportion of economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)));”;
(2)
in subsection (h)(1)(A)(ii), by striking “eligible for free or reduced price meals under this Act” and inserting “economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))”;
(3)
by striking subsection (j); and
(4)
by redesignating subsection (k) as subsection (j).
210.

Fresh fruit and vegetable program
Section 19(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a(d)) is amended—
(1)
in paragraph (1)—
(A)
in the matter preceding subparagraph (A), by striking “paragraph (2) of this subsection and”;
(B)
in subparagraph (A), in the matter preceding clause (i), by striking “school—” and all that follows through “submits” in clause (ii) and inserting “school that submits”;
(C)
in subparagraph (B), by striking “schools” and all that follows through “Act” and inserting “high-need schools (as defined in section 2211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(b)))”; and
(D)
in subparagraph (D)—
(i)
by striking clause (i); and
(ii)
by redesignating clauses (ii) through (iv) as clauses (i) through (iii), respectively; and
(2)
by striking paragraphs (2) and (3) and inserting the following:
“(2)

Outreach to high-need schools
Prior to making decisions regarding school participation in the program, a State agency shall inform high-need schools (as defined in section 2211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(b))), including Tribal schools, of the eligibility of the schools for the program.”.
211.

Training, technical assistance, and Food Service Management Institute
Section 21(a)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b–1(a)(1)(B)) is amended in the matter preceding clause (i) by striking “certified to receive free or reduced price meals” and inserting “who are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))”.
212.

Reimbursement of school meal delinquent debt program
(a)

Definitions
In this section:
(1)

Delinquent debt
The term “delinquent debt” means the debt owed by a parent or guardian of a child to a school—
(A)
as of the effective date specified in section 2; and
(B)
for meals served by the school under—
(i)
the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
(ii)
the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or
(iii)
both of the programs described in clauses (i) and (ii).
(2)

Program
The term “program” means the program established under subsection (b)(1).
(3)

Secretary
The term “Secretary” means the Secretary of Agriculture.
(b)

Reimbursement program
(1)

Establishment
Not later than 60 days after the effective date specified in section 2, the Secretary shall establish a program under which the Secretary shall reimburse each school participating in a program described in clause (i) or (ii) of subsection (a)(1)(B) for all delinquent debt.
(2)

Form for reimbursement
To carry out the program, the Secretary shall design and distribute a form to State agencies to collect data on all delinquent debt in applicable schools in the State, grouped by school food authority.
(3)

Completion date
The Secretary shall provide all reimbursements under the program not later than 180 days after the effective date specified in section 2.
(c)

Report
Not later than 2 years after the effective date specified in section 2, the Comptroller General of the United States shall submit to Congress and make publicly available a report that describes the successes and challenges of the program.
213.

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 “and reduced price” each place it appears; and
(4)
by striking “a reduced price” each place it appears.
III

Elementary and Secondary Education Data
301.

Measure of poverty
Section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)) is amended—
(1)
in subparagraph (A), by striking “the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)” and inserting “the number of children from low-income backgrounds, identified under subparagraph (D)”; and
(2)
by adding at the end the following:
“(D)

Identification of children from low-income backgrounds
(i)

In general
A local educational agency or State agency, for the purpose of identifying children from low-income backgrounds enrolled in a school served by a local educational agency, may—
(I)
maintain a record, with respect to each student for whom the local educational agency provides a free public education that contains the information collected from the survey described in clause (iii);
(II)
distribute and collect a student survey based on the template developed under clause (iii) to identify children from low-income backgrounds; and
(III)
utilize direct certification data described in clause (iv)(I) to identify children from low-income backgrounds.
(ii)

Privacy
(I)

In general
All individual data collected under this subparagraph shall be protected by the local educational agency or State agency in a manner consistent with all applicable local, State, and Federal privacy laws.
(II)

Reporting data
Only aggregated data, which may include data disaggregated at the school, local educational agency, or State level, shall be reported to the Secretary at such time and in such manner as the Secretary may reasonably require.
(iii)

Survey
Not later than 180 days after the date of enactment of the Universal School Meals Program Act of 2023, the Secretary, in consultation with the Secretary of Agriculture, shall develop a template survey—
(I)
to identify children from low-income backgrounds that contains only the information necessary to identify a child as a child from a low-income background by using the criteria of eligibility for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act, as such criteria were in effect on September 30, 2022; and
(II)
that shall be designed to be easily accessible and in a user-friendly manner.
(iv)

Transition authority from frpl to esea measures
The Secretary, in coordination with the Secretary of Agriculture, shall have the authority to take such steps as are necessary to provide for the orderly transition to, and implementation of—
(I)
activities that are necessary for the continuity of direct certification carried out by local educational agencies and State agencies specified in paragraphs (4), (5), and (15) section 9(b) of the Richard B. Russell National School Lunch Act, as in effect on September 30, 2022, for the purposes of identifying any child eligible for free or reduced priced lunch under such Act, as in effect on such date, as a child from a low-income background;
(II)
procedures for verification of information collected under this subparagraph, which may include procedures modeled on the requirement specified in section 9(b)(3) of the Richard B. Russell National School Lunch Act, as in effect on September 30, 2022; and
(III)
data privacy provisions for information collected under this subparagraph, in accordance with the requirements specified in section 9(b)(6) of the Richard B. Russell National School Lunch Act, as in effect on September 30, 2022.
(v)

Special rule
For the purposes of subparagraph (A), a local educational agency may determine the number of children from low-income backgrounds enrolled in a school served by such agency using one or more of the following methods:
(I)
Results from surveys specified in clause (i)(II).
(II)
Direct certification data specified in clause (i)(III).
(III)
Utilization of both methods described in subclauses (I) and (II).”.
IV

Amendments to Other Programs and Laws
401.

Supplemental nutrition assistance program
(a)

Agreement for direct certification
(1)

In general
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended—
(A)
by striking subsection (u); and
(B)
by redesignating subsections (v) through (x) as subsections (u) through (w), respectively.
(2)

Conforming amendments
Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended—
(A)
in paragraph (8)(F), by striking “or subsection (u)”; and
(B)
in paragraph (26)(B), by striking “(x)” and inserting “(w)”.
(b)

Nutrition education and obesity prevention grant program
Section 28(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a(a)) is amended by striking paragraph (1) and inserting the following:
“(1)
an individual eligible for benefits under this Act;”.
402.

Higher Education Act of 1965
(a)

Teacher quality enhancement
Subparagraph (A) of section 200(11) of the Higher Education Act of 1965 (20 U.S.C. 1021(11)) is amended to read as follows:
“(A)

In general
The term “high-need school” means a school that is in the highest quartile of schools in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled in such schools, as determined by the local educational agency based on one of the following measures of poverty:
(i)
The percentage of students aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary.
(ii)
The percentage of students in families receiving assistance under the State program funded under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(iii)
The percentage of students eligible to receive medical assistance under the program of medical assistance established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(iv)
A composite of two or more of the measures described in clauses (i) through (iii).”.
(b)

GEAR Up
Subparagraph (A) of section 404B(d)(1) of the Higher Education Act of 1965 (20 U.S.C. 1070a–22(d)(1)) is amended to read as follows:
“(A)
provide services under this chapter to at least one grade level of students, beginning not later than 7th grade, in a participating school—
(i)
that has a 7th grade; and
(ii)
in which—
(I)
at least 50 percent of the students enrolled are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965); or
(II)
if an eligible entity determines that it would promote the effectiveness of a program, an entire grade level of students, beginning not later than the 7th grade, reside in public housing, as defined in section 3(b)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(1)).”.
(c)

Simplified needs test
Section 479(d)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087ss(d)(2)) is amended—
(1)
by striking subparagraph (C); and
(2)
by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively.
(d)

Early federal pell grant commitment demonstration program
Section 894(b) of the Higher Education Act of 1965 (20 U.S.C. 1161y(b)) is amended—
(1)
in paragraph (1)(B), by striking “qualify for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)” and inserting “are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965)”; and
(2)
in paragraph (5), by striking “eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)” and inserting “economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965)”.
403.

Elementary and Secondary Education Act of 1965
(a)

Literacy education for all
Section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)) is amended—
(1)
by striking clause (i); and
(2)
by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively.
(b)

Grants for education innovation and research
Section 4611(d)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7261(d)(2)) is amended—
(1)
by striking subparagraph (B); and
(2)
by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.
(c)

Eligibility for heavily impacted local educational agencies
Item (bb) of section 7003(b)(2)(B)(i)(III) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) is amended to read as follows:
“(bb)
has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 30 percent; and”.
404.

America COMPETES Act
Section 6122(3) of the America COMPETES Act (20 U.S.C. 9832(3)) is amended by striking “data on children eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act,”.
405.

Workforce Innovation and Opportunity Act
Section 3(36)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(36)(A)) is amended—
(1)
by striking clause (iv); and
(2)
by redesignating clauses (v) and (vi) as clauses (iv) and (v), respectively.
406.

National Science Foundation Authorization Act of 2002
Section 4(8) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n note; Public Law 107–368) is amended—
(1)
by striking subparagraph (A); and
(2)
by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.
407.

Child care and development block grant
Section 658O(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)) is amended—
(1)
in paragraph (1)(B), by striking “school lunch factor” and inserting “economically disadvantaged students factor”; and
(2)
by amending paragraph (3) to read as follows:
“(3)

Economically disadvantaged students factor
In this subsection, the term “economically disadvantaged students factor” means the ratio of the number of children in the State who are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5))) to the number of such children in all the States as determined annually by the Secretary of Education.”.
408.

Children’s Health Act of 2000
Section 1404(b) of the Children’s Health Act of 2000 (42 U.S.C. 9859c(b)) is amended—
(1)
in paragraph (1)(B), by striking “school lunch factor” and inserting “economically disadvantaged students factor”; and
(2)
by amending paragraph (3) to read as follows:
“(3)

Economically disadvantaged students factor
In this subsection, the term “economically disadvantaged students factor” means the ratio of the number of children in the State who are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5))) to the number of such children in all the States as determined annually by the Secretary of Education.”.
409.

Juvenile justice and delinquency prevention
Section 252(i) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11162(i)) is amended to read as follows:
“(i)

Free school lunches for incarcerated juveniles
(2)

In general
A juvenile who is incarcerated in an eligible juvenile detention center is eligible to receive free lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(3)

Guidance
Not later than 1 year after the date of the enactment of the Universal School Meals Program Act of 2023, the Attorney General, in consultation with the Secretary of Agriculture, shall provide guidance to States relating to the options for school food authorities in the States to apply for reimbursement for free lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) for juveniles who are incarcerated.
(4)

Eligible juvenile detention center defined
In this subsection, the term “eligible juvenile detention center” does not include any private, for-profit detention center.”.