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Congressional Record References

Bill Summary & Status

S 1737 IS

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.

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

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.

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 `Expand School Meals Act of 2009'.

TITLE I--TRANSITION PERIOD

SEC. 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)'.

SEC. 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.

TITLE II--PERMANENT CHANGE

SEC. 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.

SEC. 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'.

SEC. 203. PERIOD OF EFFECTIVENESS.

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

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