I 

116TH CONGRESS 

1ST SESSION H. R. 5308 

To amend the Child Nutrition Act of 1966 and the Richard B. Russell 

National School Lunch Act to eliminate reduced price breakfasts and 

lunches and to require that the income guidelines for determining eligibility for free breakfasts and free lunches be 200 percent of the povertylevel, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 5, 2019 

Mr. RYAN (for himself, Mr. THOMPSON of California, Mrs. DINGELL, Mr. 

HASTINGS, Mr. THOMPSON of Mississippi, Ms. JACKSON LEE, and Mrs. 

HAYES) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To amend the Child Nutrition Act of 1966 and the Richard 

B. Russell National School Lunch Act to eliminate reduced price breakfasts and lunches and to require that 

the income guidelines for determining eligibility for free 

breakfasts and free lunches be 200 percent of the poverty-level, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) IN GENERAL.—This Act may be cited as the ‘‘Ex5 panding Access to School Meals Act of 2019’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act are as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—REPEAL OF REDUCED PRICE BREAKFASTS AND 

LUNCHES 

Sec. 101. Repeal of reduced price breakfasts. 

Sec. 102. Repeal of reduced price lunches. 

TITLE II—EXPANSION OF FREE LUNCH ELIGIBILITY 

Sec. 201. Poverty level for free lunch. 

Sec. 202. Direct certification for children receiving Medicaid benefits. 

Sec. 203. Direct certification for children enrolled in CHIP. 

Sec. 204. Retroactive reimbursement. 

Sec. 205. Increase of community eligibility program multiplier. 

3 TITLE I—REPEAL OF REDUCED 

4 PRICE BREAKFASTS AND 

5 LUNCHES 

6 SEC. 101. REPEAL OF REDUCED PRICE BREAKFASTS. 

7 (a) IN GENERAL.—Section 4 of the Child Nutrition 

8 Act of 1966 (42 U.S.C. 1758) is amended by adding at 

9 the end the following: 

10 ‘‘(f) REPEAL OF REDUCED PRICE BREAKFASTS.— 

11 Notwithstanding any other provision of law, the reduced 

12 price breakfast program is repealed and the Secretary may 

13 not provide reimbursements for reduced price breakfasts 

14 under this section.’’. 

15 (b) CONFORMING AMENDMENTS.—The Child Nutri16 tion Act of 1966 (42 U.S.C. 1771 et seq.) is amended— 

17 (1) by striking ‘‘or reduced price’’ each place it 

18 appears; 


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1 (2) by striking ‘‘for a reduced price’’ each place 

2 it appears; 

3 (3) by striking ‘‘or at a reduced price’’ each 

4 place it appears; 

5 (4) by striking ‘‘for reduced price breakfasts’’ 

6 each place it appears; and 

7 (5) by striking ‘‘and reduced price’’ each place 

8 it appears. 

9 (c) FURTHER CONFORMING AMENDMENTS.—Section 

10 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 

11 1758(b)) is amended— 

12 (1) in paragraph (1)— 

13 (A) in subparagraph (B), by striking the 

14 second sentence; and 

15 (B) by striking subparagraph (C); and 

16 (2) in paragraph (2), by striking subparagraph 

17 (C). 

18 SEC. 102. REPEAL OF REDUCED PRICE LUNCHES. 

19 (a) IN GENERAL.—The Richard B. Russell National 

20 School Lunch Act (42 U.S.C. 1751 et seq.) is amended 

21 by adding at the end the following: 

22 ‘‘SEC. 30. REPEAL OF REDUCED PRICE LUNCHES. 

23 ‘‘Notwithstanding any other provision of law, the re24 duced price lunch program is repealed and the Secretary 


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1 may not provide reimbursements for reduced price lunches 

2 under this Act.’’. 

3 (b) CONFORMING AMENDMENTS.—The Richard B. 

4 Russell National School Lunch Act (42 U.S.C. 1751 et 

5 seq.) is amended— 

6 (1) by striking ‘‘or reduced price’’ each place it 

7 appears; 

8 (2) by striking ‘‘or a reduced price’’ each place 

9 it appears; 

10 (3) by striking ‘‘or reduced-price’’ each place it 

11 appears; 

12 (4) by striking ‘‘and reduced price’’ each place 

13 it appears; and 

14 (5) by striking ‘‘a reduced price’’ each place it 

15 appears. 

16 TITLE II—EXPANSION OF FREE 

17 LUNCH ELIGIBILITY 

18 SEC. 201. POVERTY LEVEL FOR FREE LUNCH. 

19 Section 9(b)(1)(A) of the Richard B. Russell Na20 tional School Lunch Act (42 U.S.C. 1758(b)(1)(A)) is 

21 amended— 

22 (1) by striking the third sentence; and 

23 (2) by striking ‘‘130 percent’’ and inserting 

24 ‘‘200 percent’’. 


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1 SEC. 202. DIRECT CERTIFICATION FOR CHILDREN RECEIV2 ING MEDICAID BENEFITS. 

3 Section 9(b)(15) of the Richard B. Russell National 

4 School Lunch Act (42 U.S.C. 1758(b)(15)) is amended to 

5 read as follows: 

6 ‘‘(15) DIRECT CERTIFICATION FOR CHILDREN

7 RECEIVING MEDICAID BENEFITS.— 

8 ‘‘(A) AGREEMENT.—Beginning not later 

9 than 90 days after the date of the enactment of 

10 the Expanding Access to School Meals Act of 

11 2019, each State agency shall enter into an 

12 agreement with the one or more State agencies 

13 conducting eligibility determinations for the 

14 Medicaid program. 

15 ‘‘(B) PROCEDURES.—Subject to paragraph 

16 (6), the agreement shall establish procedures 

17 under which an eligible child shall be certified 

18 for free lunches under this Act and free break19 fasts under section 4 of the Child Nutrition Act 

20 of 1966 (42 U.S.C. 1773), without further ap21 plication. 

22 ‘‘(C) CERTIFICATION.—Subject to para23 graph (6), under the agreement, the local edu24 cational agencies for a school lunch program 

25 under this Act and a school breakfast program 

26 under the Child Nutrition Act of 1966 (42 


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1 U.S.C. 1771 et seq.) shall certify an eligible 

2 child as eligible for free lunches under this Act 

3 and free breakfasts under section 4 of the Child 

4 Nutrition Act of 1966 (42 U.S.C. 1773), with5 out further application. 

6 ‘‘(D) DEFINITIONS.—In this paragraph: 

7 ‘‘(i) ELIGIBLE CHILD.—The term ‘eli8 gible child’ means a child— 

9 ‘‘(I) is a member of a family that 

10 meets the income eligibility require11 ments under paragraph (1)(A); and 

12 ‘‘(II) is enrolled in medical as13 sistance under a Medicaid State plan 

14 (or a waiver of such plan) under title 

15 XIX of the Social Security Act (42 

16 U.S.C. 1396 et seq.) 

17 ‘‘(ii) MEDICAID PROGRAM.—The term 

18 Medicaid program means the program of 

19 medical assistance established under title 

20 XIX of the Social Security Act (42 U.S.C. 

21 1396 et seq.). 

22 ‘‘(E) APPLICABILITY.—This paragraph ap23 plies to— 

24 ‘‘(i) in the case of the school year be25 ginning July 2020, a school district that 


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1 had an enrollment of 25,000 students or 

2 more in the preceding school year; 

3 ‘‘(ii) in the case of the school year be4 ginning July 2021, a school district that 

5 had an enrollment of 10,000 students or 

6 more in the preceding school year; and 

7 ‘‘(iii) in the case of the school year be8 ginning July 2022, and each subsequent 

9 school year, each local educational agen10 cy.’’. 

11 SEC. 203. DIRECT CERTIFICATION FOR CHILDREN EN12 ROLLED IN CHIP. 

13 Section 9(b) of the Richard B. Russell National 

14 School Lunch Act (42 U.S.C. 1758(b)) is amended by add15 ing at the end the following: 

16 ‘‘(16) DIRECT CERTIFICATION FOR CHILDREN

17 ENROLLED IN CHIP.— 

18 ‘‘(A) AGREEMENT.—Beginning not later 

19 than 90 days after the date of the enactment of 

20 this paragraph, each State agency shall enter 

21 into an agreement with the State agency con22 ducting eligibility determinations for child 

23 health assistance under a State child health 

24 plan (or a waiver of such plan) under title XXI 


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1 of the Social Security Act (42 U.S.C. 1397 et 

2 seq.). 

3 ‘‘(B) PROCEDURES.—Subject to paragraph 

4 (6), the agreement shall establish procedures 

5 under which an eligible child shall be certified 

6 as eligible for free lunches under this Act and 

7 free breakfasts under section 4 of the Child Nu8 trition Act of 1966 (42 U.S.C. 1773), without 

9 further application. 

10 ‘‘(C) CERTIFICATION.—Subject to para11 graph (6), under the agreement, the local edu12 cational agency conducting eligibility determina13 tions for a school lunch program under this Act 

14 and a school breakfast program under the Child 

15 Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 

16 shall certify an eligible child as eligible for free 

17 lunches under this Act and free breakfasts 

18 under section 4 of the Child Nutrition Act of 

19 1966 (42 U.S.C. 1773), without further appli20 cation. 

21 ‘‘(D) ELIGIBLE CHILD DEFINED.—In this 

22 paragraph, the term ‘eligible child’ means a 

23 child who— 


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1 ‘‘(i) is a member of a family that 

2 meets the income eligibility requirements 

3 under paragraph (1)(A); and 

4 ‘‘(ii) is enrolled in child health assist5 ance under a State child health plan (or a 

6 waiver of such plan) under title XXI of the 

7 Social Security Act (42 U.S.C. 1397 et 

8 seq.) 

9 ‘‘(E) APPLICABILITY.—This paragraph ap10 plies to— 

11 ‘‘(i) in the case of the school year be12 ginning July 2020, a school district that 

13 had an enrollment of 25,000 students or 

14 more in the preceding school year; 

15 ‘‘(ii) in the case of the school year be16 ginning July 2021, a school district that 

17 had an enrollment of 10,000 students or 

18 more in the preceding school year; and 

19 ‘‘(iii) in the case of the school year be20 ginning July 2022, and each subsequent 

21 school year, each local educational agen22 cy.’’. 


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1 SEC. 204. RETROACTIVE REIMBURSEMENT. 

2 Section 9(b)(9)(C) of the Richard B. Russell National 

3 School Lunch Act (42 U.S.C. 1758(b)(9)(C)) is amend4 ed— 

5 (1) by striking ‘‘Except’’ and inserting the fol6 lowing: 

7 ‘‘(i) IN GENERAL.—Except’’; 

8 (2) by redesignating clauses (i) and (ii) as sub9 clauses (I) and (II); and 

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

11 ‘‘(ii) RETROACTIVITY.—A local edu12 cational agency shall revise a previously 

13 submitted meal claim to reflect the eligi14 bility approval of a child for free meals for 

15 the period that begins on the earlier of the 

16 following: 

17 ‘‘(I) The first day of the current 

18 school year. 

19 ‘‘(II) The date that is 90 days 

20 prior to the date of such eligibility ap21 proval. 

22 ‘‘(iii) MEAL CLAIM DEFINED.—In this 

23 subsection, the term ‘meal claim’ means 

24 any documentation provided by a school 

25 food authority to a State agency in order 

26 to receive reimbursement for the cost of a 


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1 meal served to a child by such school food 

2 authority.’’. 

3 SEC. 205. INCREASE OF COMMUNITY ELIGIBILITY PRO4 GRAM MULTIPLIER. 

5 Section 11(a)(1)(F) of the Richard B. Russell Na6 tional School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is 

7 amended by striking clause (vii) and inserting the fol8 lowing: 

9 ‘‘(vii) MULTIPLIER.—For each school 

10 year beginning on or after July 1, 2020, 

11 the multiplier shall be 1.8’’. 

Æ 


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