II 

111TH CONGRESS 

1ST SESSION S. 1737 

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. 

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 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 ‘‘Expand School Meals 

5 Act of 2009’’. 


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•S 1737 IS

1 TITLE I—TRANSITION PERIOD 

2 SEC. 101. PHASED-IN INCREASE IN INCOME ELIGIBILITY 

3 GUIDELINES FOR FREE SCHOOL LUNCHES 

4 AND BREAKFASTS. 

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

6 School Lunch Act (42 U.S.C. 1758(b)) is amended— 

7 (1) in paragraph (1), by redesignating subpara8 graph (B) as subparagraph (E); 

9 (2) by striking ‘‘(b)(1)(A) Not’’ and inserting 

10 the following: 

11 ‘‘(b) INCOME ELIGIBILITY GUIDELINES.— 

12 ‘‘(1) ESTABLISHMENT.— 

13 ‘‘(A) IN GENERAL.—Not’’; 

14 (3) in subparagraph (A)— 

15 (A) by striking the second sentence and in16 serting the following: 

17 ‘‘(B) FREE LUNCHES.—The income guide18 lines for determining eligibility for free lunches 

19 shall be the following percentage of the applica20 ble family size income levels contained in the 

21 nonfarm income poverty guidelines prescribed 

22 by the Office of Management and Budget, as 

23 adjusted annually in accordance with subpara24 graph (E): 


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•S 1737 IS

1 ‘‘(i) For the school year beginning 

2 July 1, 2010, 144 percent. 

3 ‘‘(ii) For the school year beginning 

4 July 1, 2011, 158 percent. 

5 ‘‘(iii) For the school year beginning 

6 July 1, 2012, 172 percent.’’; 

7 (B) in the third sentence— 

8 (i) by striking ‘‘The income’’ and in9 serting the following: 

10 ‘‘(C) REDUCED PRICE LUNCHES.—The in11 come’’; and 

12 (ii) by striking ‘‘subparagraph (B)’’ 

13 and inserting ‘‘subparagraph (E)’’; and 

14 (C) in the fourth sentence, by striking 

15 ‘‘The Office’’ and inserting the following: 

16 ‘‘(D) FREQUENCY OF REVISIONS.—The 

17 Office’’; and 

18 (4) in subparagraph (E) (as redesignated by 

19 paragraph (1))— 

20 (A) by striking ‘‘The revision’’ and insert21 ing the following: 

22 ‘‘(E) AMOUNT OF REVISIONS.—The revi23 sion’’; and 

24 (B) by striking ‘‘subparagraph (A) of this 

25 paragraph’’ and inserting ‘‘subparagraph (D)’’. 


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•S 1737 IS

1 SEC. 102. PERIOD OF EFFECTIVENESS. 

2 The amendments made by section 101 shall be effec3 tive only during the period beginning on the date of enact4 ment of this Act and ending on June 30, 2013. 

5 TITLE II—PERMANENT CHANGE 

6 SEC. 201. FREE LUNCH ELIGIBILITY. 

7 (a) IN GENERAL.—Section 9(b)(1) of the Richard B. 

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

9 1758(b)(1)) is amended— 

10 (1) by redesignating subparagraph (B) as sub11 paragraph (D); 

12 (2) by striking ‘‘(b)(1)(A) Not’’ and inserting 

13 the following: 

14 ‘‘(b) INCOME ELIGIBILITY GUIDELINES.— 

15 ‘‘(1) ESTABLISHMENT.— 

16 ‘‘(A) IN GENERAL.—Not’’; 

17 (3) in subparagraph (A)— 

18 (A) in the first sentence, by striking ‘‘and 

19 reduced price’’; 

20 (B) by striking ‘‘The income guidelines for 

21 determining eligibility for free lunches shall be 

22 130 percent’’ and inserting the following: 

23 ‘‘(B) FREE LUNCHES.—The income guide24 lines for determining eligibility for free lunches 

25 shall be 185 percent.’’; 

26 (C) by striking the third sentence; and 


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•S 1737 IS

1 (D) by striking ‘‘The Office’’ and inserting 

2 the following: 

3 ‘‘(C) FREQUENCY OF REVISIONS.—The Of4 fice’’; and 

5 (4) in subparagraph (D) (as redesignated by 

6 paragraph (1))— 

7 (A) by striking ‘‘(D) The’’ and inserting 

8 the following: 

9 ‘‘(D) AMOUNT OF REVISIONS.—The’’; and 

10 (B) by striking ‘‘subparagraph (A) of this 

11 paragraph’’ and inserting ‘‘subparagraph (C)’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) Section 9 of the Richard B. Russell Na14 tional School Lunch Act (42 U.S.C. 1758) is amend15 ed— 

16 (A) in subsection (b)— 

17 (i) by striking ‘‘free and reduced 

18 price’’ each place it appears (other than 

19 paragraph (7)) and inserting ‘‘free’’; 

20 (ii) by striking ‘‘free or reduced price’’ 

21 each place it appears and inserting ‘‘free’’; 

22 (iii) in paragraph (2)(B)(i), by strik23 ing ‘‘, and shall contain’’ and all that fol24 lows through ‘‘or reduced price lunches’’; 

25 (iv) in paragraph (3)— 


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•S 1737 IS

1 (I) in subparagraph (E)(iii), by 

2 striking ‘‘free or reduced-price’’ each 

3 place it appears and inserting ‘‘free’’; 

4 and 

5 (II) in subparagraph (F)— 

6 (aa) in clause (i), by striking 

7 ‘‘Subject to clauses (ii) and (iii)’’ 

8 and inserting ‘‘Subject to clause 

9 (ii),’’; 

10 (bb) in clause (ii)(II), by 

11 striking ‘‘133 percent’’ both 

12 places it appears in items (aa) 

13 and (bb) and inserting ‘‘185 per14 cent’’; 

15 (cc) by striking clause (iii); 

16 and 

17 (dd) by redesignating 

18 clauses (iv) and (v) as clauses 

19 (iii) and (iv), respectively; 

20 (v) in paragraph (7)— 

21 (I) in the paragraph heading, by 

22 striking ‘‘AND REDUCED PRICE’’ and 

23 inserting ‘‘MEALS’’; 


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•S 1737 IS

1 (II) by striking ‘‘and reduced 

2 price policy’’ each place it appears 

3 and inserting ‘‘meals policy’’; and 

4 (III) in subparagraph (B), by 

5 striking ‘‘and reduced price meals’’ 

6 and inserting ‘‘meals’’; 

7 (vi) in paragraph (9)— 

8 (I) in the paragraph heading, by 

9 striking ‘‘AND REDUCED PRICE’’; 

10 (II) by striking subparagraph 

11 (B); and 

12 (III) by redesignating subpara13 graph (C) as subparagraph (B); 

14 (vii) in paragraph (10), by striking 

15 ‘‘or a reduced price lunch’’; and 

16 (viii) in paragraph (11), in the first 

17 sentence, by striking ‘‘or reduced price 

18 lunches’’; 

19 (B) in subsection (c), in the third sentence, 

20 by striking ‘‘or at a reduced cost’’; 

21 (C) in subsection (d), by striking ‘‘or re22 duced price’’ each place it appears; and 

23 (D) in subsection (e), by striking ‘‘, re24 duced price,’’. 


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•S 1737 IS

1 (2) Section 11 of the Richard B. Russell Na2 tional School Lunch Act (42 U.S.C. 1759a) is 

3 amended— 

4 (A) in subsection (a)— 

5 (i) in paragraph (1)— 

6 (I) in subparagraph (A), by strik7 ing ‘‘and the product obtained by mul8 tiplying’’ and all that follows through 

9 ‘‘for such fiscal year’’; 

10 (II) in subparagraph (B)— 

11 (aa) by striking ‘‘or reduced 

12 price lunches’’ the first place it 

13 appears; 

14 (bb) by striking ‘‘or reduced 

15 price lunches, as the case may 

16 be’’; and 

17 (cc) by striking ‘‘and re18 duced price lunches’’; 

19 (III) in subparagraph (C)— 

20 (aa) in clause (ii), by strik21 ing ‘‘or reduced price lunches or 

22 breakfasts’’ each place it ap23 pears; and 

24 (bb) in clause (iii), by strik25 ing ‘‘or reduced price’’; and 


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1 (IV) in subparagraph (D), by 

2 striking ‘‘and reduced price lunches’’ 

3 each place it appears in clauses (iii) 

4 and (iv); 

5 (ii) in paragraph (2), by striking ‘‘and 

6 the special assistance factor for reduced 

7 price’’ and all that follows through ‘‘free 

8 lunches’’; and 

9 (iii) in paragraph (3)(B)(iii)(I), by 

10 striking ‘‘or reduced price’’; 

11 (B) in subsection (b), in the first sentence, 

12 by striking ‘‘and reduced price’’; 

13 (C) in subsection (d), by striking ‘‘and the 

14 average number of children who received re15 duced price lunches’’ each place it appears 

16 paragraphs (1) and (2); and 

17 (D) in subsection (e)— 

18 (i) in the second sentence, by striking 

19 ‘‘, and shall serve meals at a reduced 

20 price’’ and all that follows through ‘‘such 

21 section’’; and 

22 (ii) in the third sentence, by striking 

23 ‘‘or reduced priced’’. 


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•S 1737 IS

1 (3) Section 12(l)(4) of the Richard B. Russell 

2 National School Lunch Act (42 U.S.C. 1760(l)(4)) 

3 is amended— 

4 (A) in subparagraph (C), by striking ‘‘and 

5 reduced price’’; 

6 (B) by striking subparagraph (D); 

7 (C) in subparagraph (H), by striking ‘‘or 

8 reduced price’’; and 

9 (D) by redesignating subparagraphs (E) 

10 through (M) as subparagraphs (D) through 

11 (L). 

12 (4) Section 13 of the Richard B. Russell Na13 tional School Lunch Act (42 U.S.C. 1761) is amend14 ed— 

15 (A) in subsection (a)— 

16 (i) in paragraph (1)(C)— 

17 (I) by striking ‘‘or reduced 

18 price’’; and 

19 (II) by striking ‘‘and reduced 

20 price’’; and 

21 (ii) in paragraph (5), by striking ‘‘or 

22 reduced price’’; and 

23 (B) in subsection (f)(3), by striking ‘‘or re24 duced price’’. 


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•S 1737 IS

1 (5) Section 17 of the Richard B. Russell Na2 tional School Lunch Act (42 U.S.C. 1766) is amend3 ed— 

4 (A) in subsection (a)(2)(B)(i), by striking 

5 ‘‘or reduced price’’; 

6 (B) in subsection (c)— 

7 (i) in paragraph (1), by inserting ‘‘(as 

8 calculated on the day before the date of en9 actment of the Expand School Meals Act 

10 of 2009)’’ after ‘‘lunches, reduced price 

11 lunches’’; 

12 (ii) in paragraph (2), by inserting 

13 ‘‘(as calculated on the day before the date 

14 of enactment of the Expand School Meals 

15 Act of 2009)’’ after ‘‘breakfasts, reduced 

16 price breakfasts’’; and 

17 (iii) by striking paragraph (4) and in18 serting the following: 

19 ‘‘(4) DETERMINATIONS.— 

20 ‘‘(A) FREE MEALS.—Determinations with 

21 regard to eligibility for free meals and supple22 ments shall be made in accordance with the in23 come eligibility guidelines for free lunches under 

24 section 9. 


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•S 1737 IS

1 ‘‘(B) REDUCED PRICE MEALS.—Deter2 minations with regard to eligibility for reduced 

3 price meals and supplements shall be made in 

4 accordance with the income eligibility guidelines 

5 for reduced price lunches under section 9, as in 

6 effect on the day before the date of enactment 

7 of the Expand School Meals Act of 2009.’’; 

8 (C) in subsection (f)(3)— 

9 (i) by striking ‘‘or reduced price’’ each 

10 place it appears; and 

11 (ii) in subparagraph (A)(iii)(II)(aa), 

12 in the item heading, by striking ‘‘OR RE13 DUCED PRICE’’; and 

14 (D) in subsection (r)(1)(B), by striking ‘‘or 

15 reduced price’’. 

16 (6) Section 17A(c)(1) of the Richard B. Russell 

17 National School Lunch Act (42 U.S.C. 1766a(c)(1)) 

18 is amended in the matter preceding subparagraph 

19 (A) by striking ‘‘or reduced price’’. 

20 (7) Section 18 of the Richard B. Russell Na21 tional School Lunch Act (42 U.S.C. 1769) is amend22 ed by striking subsection (i). 

23 (8) Section 19 of the Richard B. Russell Na24 tional School Lunch Act (42 U.S.C. 1769a) is 

25 amended— 


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•S 1737 IS

1 (A) by striking ‘‘or reduced price’’ each 

2 place it appears; and 

3 (B) by striking ‘‘and reduced price’’ each 

4 place it appears. 

5 (9) Section 20(b) of the Richard B. Russell Na6 tional School Lunch Act (42 U.S.C. 1769b(b)) is 

7 amended by striking ‘‘and reduced price’’. 

8 (10) Section 21(a)(1)(B) of the Richard B. 

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

10 1769b–1(a)(1)(B)) is amended— 

11 (A) in the matter preceding clause (i), by 

12 striking ‘‘or reduced price’’; and 

13 (B) in clause (iii), by striking ‘‘and re14 duced price’’. 

15 (c) TRANSITION RULES.—The Secretary of Agri16 culture shall carry out the amendments made by para17 graphs (2) and (8) of subsection (b) in accordance with 

18 transition rules established by the Secretary. 

19 SEC. 202. FREE BREAKFAST ELIGIBILITY. 

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

21 Act of 1966 (42 U.S.C. 1733) is amended— 

22 (1) in subsection (b)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (A)(i)(II)— 


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•S 1737 IS

1 (I) by striking ‘‘, for reduced 

2 price breakfasts,’’; and 

3 (II) by striking ‘‘or reduced 

4 price’’; 

5 (ii) in subparagraph (B)— 

6 (I) in the third sentence, by 

7 striking ‘‘or reduced price’’; and 

8 (II) by striking the second sen9 tence; 

10 (iii) by striking subparagraph (C); 

11 (iv) by redesignating subparagraphs 

12 (D) and (E) as subparagraphs (C) and 

13 (D), respectively; and 

14 (v) in subparagraph (D) (as so redes15 ignated)— 

16 (I) in the subparagraph heading, 

17 by striking ‘‘AND REDUCED PRICE’’ 

18 and inserting ‘‘MEALS’’; 

19 (II) by striking ‘‘and reduced 

20 price policy’’ each place it appears 

21 and inserting ‘‘meals policy’’; and 

22 (III) by striking ‘‘and reduced 

23 price meals’’ and inserting ‘‘meals’’; 

24 and 

25 (B) in paragraph (2)— 


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•S 1737 IS

1 (i) in subparagraph (A), by striking 

2 ‘‘or reduced price’’; and 

3 (ii) by striking subparagraph (C); and 

4 (2) in subsections (d)(1)(A) and (e)(1)(A), by 

5 striking ‘‘or at a reduced price’’ each place it ap6 pears. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) Section 7 of the Child Nutrition Act of 

9 1966 (42 U.S.C. 1776) is amended— 

10 (A) in subsection (e)(2)(B)(ii), by striking 

11 ‘‘or reduced price’’; and 

12 (B) in subsection (i), by striking ‘‘and re13 duced price’’ each place it appears in para14 graphs (2)(B)(iii) and (3)(B)(i). 

15 (2) Section 17(d)(2)(A)(i) of the Child Nutri16 tion Act of 1966 (42 U.S.C. 1786(d)(2)(A)(i)) is 

17 amended by striking ‘‘and reduced price’’. 

18 (3) Section 20(b) of the Child Nutrition Act of 

19 1966 (42 U.S.C. 1789(b)) is amended by striking 

20 ‘‘and reduced-price’’. 

21 SEC. 203. PERIOD OF EFFECTIVENESS. 

22 The amendments made by this title shall be effective 

23 beginning on July 1, 2013. 

Æ 


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