S. 1737

Expand School Meals Act of 2009

Latest
Raw Text PDF XML

II

111th CONGRESS

1st Session

S. 1737

IN THE SENATE OF THE UNITED STATES

October 1, 2009

Mr. Franken (for himself, Ms. Murkowski, and Mr. Bingaman) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to increase the number of children eligible for free school meals, with a phased-in transition period.

1.

Short title

This Act may be cited as the Expand School Meals Act of 2009.

I

Transition period

101.

Phased-in increase in income eligibility guidelines for free school lunches and breakfasts

Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is amended—

(1)

in paragraph (1), by redesignating subparagraph (B) as subparagraph (E);

(2)

by striking (b)(1)(A) Not and inserting the following:

(b)

Income eligibility guidelines

(1)

Establishment

(A)

In general

Not

;

(3)

in subparagraph (A)—

(A)

by striking the second sentence and inserting the following:

(B)

Free lunches

The income guidelines for determining eligibility for free lunches shall be the following percentage of the applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (E):

(i)

For the school year beginning July 1, 2010, 144 percent.

(ii)

For the school year beginning July 1, 2011, 158 percent.

(iii)

For the school year beginning July 1, 2012, 172 percent.

;

(B)

in the third sentence—

(i)

by striking The income and inserting the following:

(C)

Reduced price lunches

The income

; and

(ii)

by striking subparagraph (B) and inserting subparagraph (E); and

(C)

in the fourth sentence, by striking The Office and inserting the following:

(D)

Frequency of revisions

The Office

; and

(4)

in subparagraph (E) (as redesignated by paragraph (1))—

(A)

by striking The revision and inserting the following:

(E)

Amount of revisions

The revision

; and

(B)

by striking subparagraph (A) of this paragraph and inserting subparagraph (D).

102.

Period of effectiveness

The amendments made by section 101 shall be effective only during the period beginning on the date of enactment of this Act and ending on June 30, 2013.

II

Permanent change

201.

Free lunch eligibility

(a)

In general

Section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)) is amended—

(1)

by redesignating subparagraph (B) as subparagraph (D);

(2)

by striking (b)(1)(A) Not and inserting the following:

(b)

Income eligibility guidelines

(1)

Establishment

(A)

In general

Not

;

(3)

in subparagraph (A)—

(A)

in the first sentence, by striking and reduced price;

(B)

by striking The income guidelines for determining eligibility for free lunches shall be 130 percent and inserting the following:

(B)

Free lunches

The income guidelines for determining eligibility for free lunches shall be 185 percent.

;

(C)

by striking the third sentence; and

(D)

by striking The Office and inserting the following:

(C)

Frequency of revisions

The Office

; and

(4)

in subparagraph (D) (as redesignated by paragraph (1))—

(A)

by striking (D) The and inserting the following:

(D)

Amount of revisions

The

; and

(B)

by striking subparagraph (A) of this paragraph and inserting subparagraph (C).

(b)

Conforming amendments

(1)

Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended—

(A)

in subsection (b)—

(i)

by striking free and reduced price each place it appears (other than paragraph (7)) and inserting free;

(ii)

by striking free or reduced price each place it appears and inserting free;

(iii)

in paragraph (2)(B)(i), by striking , and shall contain and all that follows through or reduced price lunches;

(iv)

in paragraph (3)—

(I)

in subparagraph (E)(iii), by striking free or reduced-price each place it appears and inserting free; and

(II)

in subparagraph (F)—

(aa)

in clause (i), by striking Subject to clauses (ii) and (iii) and inserting Subject to clause (ii),;

(bb)

in clause (ii)(II), by striking 133 percent both places it appears in items (aa) and (bb) and inserting 185 percent;

(cc)

by striking clause (iii); and

(dd)

by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively;

(v)

in paragraph (7)—

(I)

in the paragraph heading, by striking and reduced price and inserting meals;

(II)

by striking and reduced price policy each place it appears and inserting meals policy; and

(III)

in subparagraph (B), by striking and reduced price meals and inserting meals;

(vi)

in paragraph (9)—

(I)

in the paragraph heading, by striking and reduced price;

(II)

by striking subparagraph (B); and

(III)

by redesignating subparagraph (C) as subparagraph (B);

(vii)

in paragraph (10), by striking or a reduced price lunch; and

(viii)

in paragraph (11), in the first sentence, by striking or reduced price lunches;

(B)

in subsection (c), in the third sentence, by striking or at a reduced cost;

(C)

in subsection (d), by striking or reduced price each place it appears; and

(D)

in subsection (e), by striking , reduced price,.

(2)

Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is amended—

(A)

in subsection (a)—

(i)

in paragraph (1)—

(I)

in subparagraph (A), by striking and the product obtained by multiplying and all that follows through for such fiscal year;

(II)

in subparagraph (B)—

(aa)

by striking or reduced price lunches the first place it appears;

(bb)

by striking or reduced price lunches, as the case may be; and

(cc)

by striking and reduced price lunches;

(III)

in subparagraph (C)—

(aa)

in clause (ii), by striking or reduced price lunches or breakfasts each place it appears; and

(bb)

in clause (iii), by striking or reduced price; and

(IV)

in subparagraph (D), by striking and reduced price lunches each place it appears in clauses (iii) and (iv);

(ii)

in paragraph (2), by striking and the special assistance factor for reduced price and all that follows through free lunches; and

(iii)

in paragraph (3)(B)(iii)(I), by striking or reduced price;

(B)

in subsection (b), in the first sentence, by striking and reduced price;

(C)

in subsection (d), by striking and the average number of children who received reduced price lunches each place it appears paragraphs (1) and (2); and

(D)

in subsection (e)—

(i)

in the second sentence, by striking , and shall serve meals at a reduced price and all that follows through such section; and

(ii)

in the third sentence, by striking or reduced priced.

(3)

Section 12(l)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(4)) is amended—

(A)

in subparagraph (C), by striking and reduced price;

(B)

by striking subparagraph (D);

(C)

in subparagraph (H), by striking or reduced price; and

(D)

by redesignating subparagraphs (E) through (M) as subparagraphs (D) through (L).

(4)

Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended—

(A)

in subsection (a)—

(i)

in paragraph (1)(C)—

(I)

by striking or reduced price; and

(II)

by striking and reduced price; and

(ii)

in paragraph (5), by striking or reduced price; and

(B)

in subsection (f)(3), by striking or reduced price.

(5)

Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended—

(A)

in subsection (a)(2)(B)(i), by striking or reduced price;

(B)

in subsection (c)—

(i)

in paragraph (1), by inserting (as calculated on the day before the date of enactment of the Expand School Meals Act of 2009) after lunches, reduced price lunches;

(ii)

in paragraph (2), by inserting (as calculated on the day before the date of enactment of the Expand School Meals Act of 2009) after breakfasts, reduced price breakfasts; and

(iii)

by striking paragraph (4) and inserting the following:

(4)

Determinations

(A)

Free meals

Determinations with regard to eligibility for free meals and supplements shall be made in accordance with the income eligibility guidelines for free lunches under section 9.

(B)

Reduced price meals

Determinations with regard to eligibility for reduced price meals and supplements shall be made in accordance with the income eligibility guidelines for reduced price lunches under section 9, as in effect on the day before the date of enactment of the Expand School Meals Act of 2009.

;

(C)

in subsection (f)(3)—

(i)

by striking or reduced price each place it appears; and

(ii)

in subparagraph (A)(iii)(II)(aa), in the item heading, by striking or reduced price; and

(D)

in subsection (r)(1)(B), by striking or reduced price.

(6)

Section 17A(c)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766a(c)(1)) is amended in the matter preceding subparagraph (A) by striking or reduced price.

(7)

Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (i).

(8)

Section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) is amended—

(A)

by striking or reduced price each place it appears; and

(B)

by striking and reduced price each place it appears.

(9)

Section 20(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b(b)) is amended by striking and reduced price.

(10)

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—

(A)

in the matter preceding clause (i), by striking or reduced price; and

(B)

in clause (iii), by striking and reduced price.

(c)

Transition rules

The Secretary of Agriculture shall carry out the amendments made by paragraphs (2) and (8) of subsection (b) in accordance with transition rules established by the Secretary.

202.

Free breakfast eligibility

(a)

In general

Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1733) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in subparagraph (A)(i)(II)—

(I)

by striking , for reduced price breakfasts,; and

(II)

by striking or reduced price;

(ii)

in subparagraph (B)—

(I)

in the third sentence, by striking or reduced price; and

(II)

by striking the second sentence;

(iii)

by striking subparagraph (C);

(iv)

by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and

(v)

in subparagraph (D) (as so redesignated)—

(I)

in the subparagraph heading, by striking and reduced price and inserting meals;

(II)

by striking and reduced price policy each place it appears and inserting meals policy; and

(III)

by striking and reduced price meals and inserting meals; and

(B)

in paragraph (2)—

(i)

in subparagraph (A), by striking or reduced price; and

(ii)

by striking subparagraph (C); and

(2)

in subsections (d)(1)(A) and (e)(1)(A), by striking or at a reduced price each place it appears.

(b)

Conforming amendments

(1)

Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended—

(A)

in subsection (e)(2)(B)(ii), by striking or reduced price; and

(B)

in subsection (i), by striking and reduced price each place it appears in paragraphs (2)(B)(iii) and (3)(B)(i).

(2)

Section 17(d)(2)(A)(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)(i)) is amended by striking and reduced price.

(3)

Section 20(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1789(b)) is amended by striking and reduced-price.

203.

Period of effectiveness

The amendments made by this title shall be effective beginning on July 1, 2013.