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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1737 Introduced in Senate (IS)]

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.

    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.
                                 <all>
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