Current status is Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

119th CONGRESS

1st Session

S. 1431

1. Short title
2. Direct certification
3. Eligibility of transferred children; retroactive reimbursement
4. Expanding automatic eligibility
5. Universal medicaid direct certification
6. Direct certification for children receiving Social Security income
7. Direct certification improvement grants and technical assistance
8. Enhancing the community eligibility option
9. Statewide free universal school meals demonstration projects
10. State performance on enrolling children receiving program benefits for free school meals

1. Short title

This Act may be cited as the "School Meal Modernization and Hunger Elimination Act".

2. Direct certification

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

(1) - in paragraph (4)(F)(iii)(II)(bb), by inserting "in not more than 3 school years" after "measures"; and

(2) - in paragraph (5)—

(A) - in the paragraph heading, by striking "Discretionary certification" and inserting "Direct certification of additional low-income children";

(B) - in the matter preceding subparagraph (A), by striking "may certify" and inserting "(including any school operated by the Bureau of Indian Education) shall certify";

(D) - in subparagraph (D), by striking "or" at the end; and

(E) - in subparagraph (E)—

(i) - in clause (i), by striking "or" at the end;

(ii) - in clause (ii)—

(I) - by striking "who" and inserting "whom"; and

(II) - by striking the period at the end and inserting a semicolon; and

(iii) - by adding at the end the following:

(iii) - a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a Tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child;

(iv) - a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary;

(v) - a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or

(vi) - a child of a family that—

(I) - lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or

(II) - receives housing or housing assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); or

(F) - a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.).

3. Eligibility of transferred children; retroactive reimbursement

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

(1) - by redesignating subparagraph (C) as subparagraph (D);

(2) Eligibility of transferred children - by inserting after subparagraph (B) the following:

(i) Definition of covered child - In this subparagraph, the term covered child means a child that—

(I) - has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the original local educational agency); and

(II) - transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the new local educational agency).

(ii) Eligibility - An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii).

(iii) Extension of duration - A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver—

(I) - during the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and

(II) - who is a grandparent or other relative and—

(aa) - has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or

(bb) - has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law.

(3) In general - in subparagraph (D) (as so redesignated)—

(A) - by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;

(B) In general - in the matter preceding subclause (I) (as so redesignated), by striking "Except as" and all that follows through "(3)(H)(ii)" and inserting the following:

(i) In general - Except as otherwise specified in clause (ii), subparagraph (C), subparagraphs (E) and (H)(ii) of paragraph (3)

(ii) Extension for certain children - A school food authority shall extend the eligibility determination made by a local educational agency with respect to a child for a period that is 1 year longer than the period for which that determination was authorized by the local educational agency, if the child began living with a caregiver—

(I) - during the 12-month period preceding the date on which the covered child is enrolled in the new school; and

(II) - who is a grandparent or other relative and—

(aa) - has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or

(bb) - has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law.

(4) Retroactive reimbursement - by adding at the end the following:

(E) Retroactive reimbursement

(i) Definitions - In this subparagraph:

(I) Change in eligibility - The term change in eligibility means, with respect to eligibility for the school lunch program under this Act—

(aa) - a change from eligibility for reduced price meals to eligibility for free meals; and

(bb) - a change from noneligibility to eligibility for free or reduced price meals.

(II) Meal claim - The term meal claim means any documentation provided by a school food authority to a State agency in order to receive reimbursement under this Act for the cost of a meal served to a child by the school food authority.

(III) Previously submitted - The term previously submitted, with respect to a meal claim, means a meal claim submitted on or after the retroactive date.

(IV) Retroactive date - The term retroactive date means the first day of the current school year.

(ii) Retroactivity

(I) Submission of meal claims - A local educational agency shall—

(aa) - revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and

(bb) - submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb).

(II) Reimbursement by Secretary - The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I).

(iii) Reimbursement to families - A local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child.

4. Expanding automatic eligibility

(a) In general - Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended—

(1) - by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and

(2) - in clause (vii)—

(A) - in subclause (I), by striking "or" at the end;

(B) - in subclause (II)—

(i) - by striking "who" and inserting "whom"; and

(ii) - by striking the period at the end and inserting a semicolon; and

(III) - a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a Tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child;

(IV) - a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary;

(V) - a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or

(VI) - a child of a family that—

(aa) - lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or

(bb) - receives housing or housing assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).

(b) Conforming amendments - Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended—

(1) - in subparagraph (D), by striking "(iv) or (v)" and inserting "(ii), (iii), (iv), (v), or (vii)";

(2) - in subparagraph (E), by adding "or" after the semicolon;

(3) - by striking subparagraph (F); and

(4) - by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of the subparagraph appropriately.

5. Universal medicaid direct certification

Section 9(b)(15) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(15)) is amended—

(1) Eligible child - in subparagraph (A)—

(A) Eligible child - by striking clause (i) and inserting the following:

(i) Eligible child

(I) In general - The term eligible child means a child who—

(aa)

(AA) - is eligible for and receiving medical assistance under the Medicaid program; and

(BB) - is a member of a family with an income as measured by the Medicaid program that does not exceed, in the case of eligibility for free meals, 133 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section) applicable to a family of the size used for purposes of determining eligibility for the Medicaid program, or, in the case of eligibility for reduced price meals, the applicable family size income level under the income eligibility guidelines for reduced price meals; or

(bb) - is a member of a household (as that term is defined in section 245.2 of title 7, Code of Federal Regulations (or successor regulations)) with a child described in item (aa).

(II) Other children - The term eligible child includes a child who is eligible for and receiving medical assistance under the Medicaid program under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i))—

(aa) - on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act (42 U.S.C. 670 et seq.);

(bb) - by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or

(cc) - under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)).

(B) Without further application - by adding at the end the following:

(iii) Without further application - The term without further application has the meaning given the term in paragraph (4)(G).

(2) Agreement - by striking subparagraphs (B) through (H) and inserting the following:

(B) Agreement - For the school year beginning on July 1, 2025, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program.

(i) In general - Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for—

(I) - free or reduced price lunch under this Act; and

(II) - free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

(ii) Free meals - Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals.

(D) Certification - Subject to paragraph (6), and according to an agreement entered into under subparagraph (B), the local educational agency conducting eligibility determinations under that agreement shall certify an eligible child as eligible, without further application, for—

(i) - free or reduced price lunch under this Act; and

(ii) - free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

6. Direct certification for children receiving Social Security income

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) Data from Social Security administration - In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), the Commissioner of Social Security shall provide a local educational agency with the data necessary to certify the child in accordance with a data-sharing agreement between the Commissioner and the State in which the local educational agency is located.

7. Direct certification improvement grants and technical assistance

Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) (as amended by section 6) is amended by adding at the end the following:

(17) Direct certification improvement grants and technical assistance

(A) Definitions - In this paragraph:

(i) Eligible entity - The term "eligible entity" means—

(I) - a State agency; and

(II) - a Tribal organization.

(ii) Indian tribe - The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(iii) Rate of direct certification - The term rate of direct certification means the percentage of children eligible for direct certification under paragraphs (4) and (5) for a school year that were directly certified under those paragraphs for that school year.

(iv) Tribal organization - The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(B) Grants

(i) In general - The Secretary shall provide grants to eligible entities that administer the school lunch program under this Act to improve the rate of direct certification in the State or Indian Tribe in which the eligible entity is located.

(ii) Priority - In providing grants under clause (i), the Secretary shall give priority to States and Tribal organizations with the lowest rates of direct certification.

(iii) Use of funds - An eligible entity that receives a grant under clause (i) shall use the grant funds to pay costs relating to improving the rate of direct certification in the State or Indian Tribe, as applicable, including the cost of—

(I) - improving technology relating to direct certification;

(II) - providing technical assistance to local educational agencies;

(III) - newly implementing or revising a direct certification system or process in the State (including at local educational agencies in the State) or Indian Tribe, including the cost of equipment; and

(IV) - coordinating with multiple public benefits programs to increase the rate of direct certification, including by conducting feasibility studies and demonstration projects under section 18(c).

(i) In general - The Secretary shall provide grants to States and Tribal organizations administering the food distribution program on Indian reservations under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b))—

(I) - in the case of a Tribal organization, if applicable, to establish a rate of direct certification of children that are members of households receiving assistance under that program; or

(II) - to improve the rate of direct certification of children that are members of households receiving assistance under that program.

(ii) Use of funds - A State or Tribal organization receiving a grant under this subparagraph shall use the funds to pay the costs described in subparagraph (B)(iii).

(D) Technical assistance - The Secretary shall provide technical assistance to assist the recipients of grants under subparagraphs (B) and (C), and other eligible entities, as appropriate, in improving the rates of direct certification.

(E) Funding

(i) In general - On October 1, 2025, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this paragraph $28,000,000, to remain available until expended.

(ii) Food distribution program on indian reservations - Of the funds transferred to the Secretary under clause (i), the Secretary shall use not less than $2,000,000 to carry out subparagraph (C).

(iii) Technical assistance - Of the funds transferred to the Secretary under clause (i), the Secretary shall use not more than $3,000,000 to carry out subparagraph (D).

(iv) Receipt and acceptance - The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under clause (i), without further appropriation.

8. Enhancing the community eligibility option

(a) In general - Section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended—

(1) Definition of covered school year - in clause (iv)—

(A) - in subclause (I)(bb)—

(i) - by striking "as of April 1 of the prior school year" and inserting "during the period beginning on April 1 of the prior school year and ending on the last day of that school year"; and

(ii) - by striking "as of April 1 of the school year prior" and all that follows through "subparagraph" and inserting "during the period beginning on April 1 of the covered school year and ending on the last day of the covered school year"; and

(B) Definition of covered school year - by adding at the end the following:

(III) Definition of covered school year - In this clause, the term "covered school year" means the school year prior to the first school year that a school or local educational agency elected to receive special assistance payments under this subparagraph.

(2) Multiplier - by striking clause (vii) and inserting the following:

(vii) Multiplier - For each school year beginning on or after July 1, 2025, the multiplier shall be 2.5.

(3) - in clause (x)—

(A) - in subclause (I), by striking "for the next school year if, not later than June 30 of the current school year," and inserting "if";

(B) - in subclause (II)(aa), by inserting ", based on counts conducted by schools of identified students beginning on or after April 1 of that school year," after "clause (viii)"; and

(C) - in subclause (IV)(aa), by inserting ", based on counts conducted by schools of identified students beginning on or after April 1 of that school year," after "clause (viii)".

(b) Conforming amendment - Section 11(a)(1)(F)(xi) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(xi)) is amended by striking subclause (III).

9. Statewide free universal school meals demonstration projects

Section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the following:

(G) Statewide free universal school meals demonstration projects

(i) Definitions - In this subparagraph:

(I) Demonstration project - The term demonstration project means a demonstration project carried out under clause (ii).

(II) Eligible school

(aa) In general - The term eligible school means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

(bb) Exclusion - The term eligible school does not include residential child care institutions (as defined in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)).

(III) Identified students - The term identified students has the meaning given the term in subparagraph (F)(i).

(IV) Selected State - The term selected State means a State selected to carry out a demonstration project under clause (iii)(I).

(ii) Establishment - Not later than July 1, 2026, the Secretary shall carry out demonstration projects in selected States under which school meals are provided at no charge to every student at an eligible school in the selected State.

(iii) State selection

(I) In general - The Secretary shall select not more than 5 States to each carry out a demonstration project.

(II) Applications - A State seeking to carry out a demonstration project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(III) Priority - In carrying out subclause (I), the Secretary shall give priority to a State based on—

(aa) - the level of childhood poverty in the State;

(bb) - the extent to which the State has implemented subparagraph (F);

(cc) - the extent to which the direct certification rate of the State meets the required percentage (as defined in section 9(b)(4)(F)(i));

(dd) - the extent to which the State demonstrates a commitment to providing technical assistance to local educational agencies that will implement the demonstration project in the State; and

(ee) - the extent to which the State demonstrates a commitment to providing non-Federal funding under clause (vi)(III).

(iv) Start date - A demonstration project shall begin in a selected State on the first day of the school year in that State.

(v) Special assistance payments

(I) First year - For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying—

(aa) - 1.9; and

(bb) - the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent.

(II) Subsequent years - For each month of the second school year and each subsequent school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying—

(aa) - 1.9; and

(bb) - the higher of—

(AA) - the percentage of identified students in eligible schools as of the last day of the prior school year; and

(BB) - the percentage of identified students in eligible schools as of the last day of the school year prior to the first school year during which a demonstration project is carried out, up to a maximum of 100 percent.

(III) Payment for other meals - With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4.

(IV) Payments in lieu of - A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph.

(vi) State implementation

(I) Preliminary activities - Each selected State shall, in the school year preceding the first school year during which the demonstration project shall be carried out in the State—

(aa) - identify each eligible school in the State;

(bb) - in consultation with the Secretary, combine the percentage of identified students across eligible schools for the purpose of calculating the maximum reimbursement rate to ensure that the special assistance payments received under clause (v) are for the maximum amount;

(cc) - inform local educational agencies of the demonstration project; and

(dd) - coordinate with local educational agencies to provide information about the demonstration project to parents or guardians of students attending eligible schools.

(II) Meal service - As part of a demonstration project, an eligible school in a selected State—

(aa) - shall not collect applications for free and reduced price lunches under this Act; and

(bb) - shall make school meals available to all children at the school at no charge.

(III) Non-Federal funding

(aa) In general - Each selected State may support the demonstration project using—

(AA) - funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and

(BB) - State revenues appropriated or used for program purposes under section 7.

(bb) Non-Federal contributions - In addition to the funding received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), each selected State shall provide funding from non-Federal sources to ensure that local educational agencies in the State receive the free reimbursement rate for not less than 90 percent of the meals served at eligible schools.

(cc) Continuation of free rate - A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools during the school year preceding the first school year during which a demonstration project is carried out shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out.

(vii) Report

(I) In general - Not later than September 30, 2030, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committees on Agriculture and Education and Labor of the House of Representatives a report that evaluates the impact of each demonstration project in a selected State with respect to—

(aa) - academic achievement, absenteeism, tardiness, the school environment, child food insecurity in the selected State, and other key factors identified in consultation with the Secretary of Education;

(bb) - the rate of participation in the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) among identified students and other students;

(cc) - school meal services, finances, and operations in the selected State;

(dd) - administrative costs to the selected State and the school food authorities participating in the demonstration project; and

(ee) - the integrity of the operation of the free lunch program under this Act in the selected State.

(II) Funding

(aa) In general - On October 1, 2026, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2030.

(bb) Receipt and acceptance - The Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under item (aa), without further appropriation.

10. State performance on enrolling children receiving program benefits for free school meals

Section 4301(b) of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a(b)) is amended—

(1) - in paragraph (2), by striking "and" at the end;

(2) - in paragraph (3), by striking the period at the end and inserting "; and"; and

(3) - by adding at the end the following:

(4) - in the case of a State identified under clause (ii)(I) of section 9(b)(4)(F) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)(F)), a description of—

(A) - the technical assistance provided to the State; and

(B) - the progress made by the State in implementing the measures and meeting the goals described in items (aa) through (cc) of clause (iii)(II) of that section.

119-S1431

School Meal Modernization and Hunger Elimination Act