I 

116TH CONGRESS 

2D SESSION H. R. 7887 

To reimburse school food authorities at the free rate for meals served during 

school year 2020–2021 under the school breakfast program and the 

school lunch program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2020 

Mr. SCOTT of Virginia (for himself, Ms. OMAR, Ms. FUDGE, Ms. BONAMICI, 

Mr. MCGOVERN, Ms. VELA ́ZQUEZ, Mr. RYAN, Mrs. DAVIS of California, 

Mrs. TRAHAN, Mr. MORELLE, Ms. WILD, Mr. CASTRO of Texas, Mr. 

DESAULNIER, Mrs. WATSON COLEMAN, Ms. ADAMS, Mrs. HAYES, and 

Mr. GRIJALVA) introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To reimburse school food authorities at the free rate for 

meals served during school year 2020–2021 under the 

school breakfast program and the school lunch program, 

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. 

4 This Act may be cited as the ‘‘Pandemic Child Hun5 ger Prevention Act’’. 


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1 SEC. 2. REIMBURSEMENT FOR MEALS SERVED DURING 

2 SCHOOL YEAR 2020–2021. 

3 (a) PROVISIONS RELATING TO SCHOOL YEAR 2020– 

4 2021.— 

5 (1) REIMBURSEMENTS DURING SCHOOL YEAR

6 2020–2021.—Notwithstanding any other provision of 

7 law, during school year 2020–2021, in making reim8 bursements to a State— 

9 (A) for lunches served by school food au10 thorities in such State under the school lunch 

11 program under the Richard B. Russell National 

12 School Lunch Act (42 U.S.C. 1751 et seq.), the 

13 Secretary shall reimburse such State at the free 

14 lunch rate; and 

15 (B) for breakfasts served by school food 

16 authorities in such State under the school 

17 breakfast program under section 4 of the Child 

18 Nutrition Act of 1966 (42 U.S.C. 1773), the 

19 Secretary shall reimburse such State at the free 

20 breakfast rate. 

21 (2) PARTICIPATION IN MEAL PROGRAMS DUR22 ING SCHOOL YEAR 2020–2021.—Notwithstanding any 

23 other provision of law, during school year 2020– 

24 2021, all children enrolled in a school that partici25 pates— 


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1 (A) in the school lunch program under the 

2 Richard B. Russell National School Lunch Act 

3 (42 U.S.C. 1751 et seq.) shall be eligible (with4 out application) to receive free lunch under 

5 such Act; and 

6 (B) in the school breakfast program under 

7 section 4 of the Child Nutrition Act of 1966 

8 (42 U.S.C. 1773) shall be eligible (without ap9 plication) to receive free breakfast under such 

10 section. 

11 (3) ONE-TIME ELECTION TO EXCLUDE SCHOOL

12 YEAR 2020–2021.—Notwithstanding any other provi13 sion of law, a local educational agency may make a 

14 one-time election to exclude school year 2020–2021 

15 from the 4-year period during which such local edu16 cational agency elects to receive payments under 

17 subparagraphs (C), (E), or (F) of section 11(a)(1) 

18 of the Richard B. Russell National School Lunch 

19 Act (42 U.S.C. 1759a(a)(1)). 

20 (b) PROVISIONS RELATING TO SCHOOL YEAR 2021– 

21 2022.— 

22 (1) CALCULATION OF IDENTIFIED STUDENTS

23 FOR SCHOOL YEAR 2021–2022.—For school year 

24 2021–2022, in determining the percentage of identi25 fied students under section 11(a)(1)(F) of the RichVerDate Sep 11 2014 02:39 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7887.IH H7887

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1 ard B. Russell National School Lunch Act (42 

2 U.S.C. 1759a(a)(1)(F)), local educational agencies 

3 and States— 

4 (A) shall certify students in accordance 

5 with paragraphs (4), (5), (6), and (15) of sec6 tion 9(b) of such Act (42 U.S.C. 1758(b)) not 

7 later than April 1, 2021; and 

8 (B) notwithstanding any other provision of 

9 law, may use the percentage of identified stu10 dents— 

11 (i) as of August 31, 2020; or 

12 (ii) as of August 31, 2021. 

13 (2) SELECTION OF SCHOOLS UNDER FRESH

14 FRUIT AND VEGETABLE PROGRAM FOR SCHOOL

15 YEAR 2021–2022.—Notwithstanding any other provi16 sion of law, for purposes of participating in the pro17 gram under section 19 of the Richard B. Russell 

18 National School Lunch Act (42 U.S.C. 1769a) dur19 ing school year 2021–2022, each State shall use the 

20 percentage of identified students for such school 

21 year determined in accordance with paragraph (1) to 

22 determine which schools meet the requirements of 

23 subsection (d)(1)(A)(i) of such section 19 (42 U.S.C. 

24 1769a(d)(1)(A)(i)). 


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1 (3) PAID LUNCH CALCULATION FOR SCHOOL

2 YEAR 2021–2022.—Notwithstanding any other provi3 sion of law, for purposes of establishing a price for 

4 paid lunches under section 12(p) of the Richard B. 

5 Russell National School Lunch Act (42 U.S.C. 

6 1760(p)) for school year 2021–2022— 

7 (A) school year 2020–2021 shall not apply 

8 as the previous school year; and 

9 (B) school year 2019–2020 shall apply as 

10 the previous school year. 

11 (c) DEFINITIONS.—In this section: 

12 (1) FREE BREAKFAST RATE.—The term ‘‘free 

13 breakfast rate’’ means the amount equal to— 

14 (A) the national average breakfast pay15 ment for free breakfast under section 

16 4(b)(1)(B) of the Child Nutrition Act of 1966 

17 (42 U.S.C. 1773(b)(1)(B)) (as adjusted pursu18 ant to section 11(a) of the Richard B. Russell 

19 National School Lunch Act (42 U.S.C. 

20 1759a(a))), plus 

21 (B) in the case of a school food authority 

22 that meets the requirements for severe need 

23 under section 4(b)(2) of the Child Nutrition Act 

24 of 1966 (42 U.S.C. 1773(b)(2)), the additional 

25 payment amount specified under such section 


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1 (as adjusted pursuant to section 11(a) of the 

2 Richard B. Russell National School Lunch Act 

3 (42 U.S.C. 1759a(a))), plus 

4 (C) the additional amount under section 

5 4(b)(3) of the Child Nutrition Act of 1966 (42 

6 U.S.C. 1773(b)(3)). 

7 (2) FREE LUNCH RATE.—The term ‘‘free lunch 

8 rate’’ means the amount equal to— 

9 (A) the national average lunch rate under 

10 section 4(b)(2) of the Richard B. Russell Na11 tional School Lunch Act (42 U.S.C. 

12 1753(b)(2)) (as adjusted pursuant to section 

13 11(a) of such Act (42 U.S.C. 1759a(a))), plus 

14 (B) in the case of a school food authority 

15 in which 60 percent or more of the lunches 

16 served in the school lunch program during the 

17 second preceding school year were served free 

18 or at a reduced price, the additional payment 

19 amount specified under section 4(b)(2) of such 

20 Act (42 U.S.C. 1753(b)(2)), plus 

21 (C) in the case of a school food authority 

22 that is determined eligible under subparagraph 

23 (D) of section 4(b)(3) of such Act (42 U.S.C. 

24 1753(b)(3)), the additional payment amount 

25 specified in subparagraph (C)(i) of such section 


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1 (as adjusted pursuant to section 11(a) of such 

2 Act (42 U.S.C. 1759a(a))), plus 

3 (D) the applicable special assistance factor 

4 under section 11(a)(2) of such Act (42 U.S.C. 

5 1759a(a)(2)) (as adjusted pursuant to section 

6 11(a) of such Act (42 U.S.C. 1759a(a))). 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Agriculture. 

9 SEC. 3. ELIGIBILITY UNDER OTHER CHILD NUTRITION 

10 PROGRAMS DURING SCHOOL YEAR 2020–2021. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, during school year 2020–2021, each child en13 rolled in a school that participates in the school lunch pro14 gram under the Richard B. Russell National School Lunch 

15 Act (42 U.S.C. 1751 et seq.) or in the school breakfast 

16 program under section 4 of the Child Nutrition Act of 

17 1966 (42 U.S.C. 1773) shall be treated under a qualified 

18 child nutrition program as a child certified eligible (with19 out application) for free school meals. 

20 (b) QUALIFIED CHILD NUTRITION PROGRAM DE21 FINED.—In this section, the term ‘‘qualified child nutri22 tion program’’ means— 

23 (1) the summer food service program for chil24 dren under section 13(a)(1)(A)(i) of the Richard B. 


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1 Russell National School Lunch Act (42 U.S.C. 

2 1761(a)(1)(A)(i)); 

3 (2) the program for at-risk school children 

4 under section 17(r) of the Richard B. Russell Na5 tional School Lunch Act (42 U.S.C. 1766(r)); and 

6 (3) the meal supplements for children in after7 school care program under section 17A of the Rich8 ard B. Russell National School Lunch Act (42 

9 U.S.C. 1766a). 

Æ 


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