II 

117TH CONGRESS 

1ST SESSION S. 2664 

To amend the Richard B. Russell National School Lunch Act to improve 

program requirements, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2021 

Mr. CASEY (for himself and Mr. BROWN) 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 to improve program requirements, 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 ‘‘School Hunger Elimi5 nation Act of 2021’’. 

6 SEC. 2. MANDATORY DIRECT CERTIFICATION. 

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

8 School Lunch Act (42 U.S.C. 1758(b)(5)) is amended— 


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1 (1) in the paragraph heading, by striking ‘‘DIS2 CRETIONARY CERTIFICATION’’ and inserting ‘‘DI3 RECT CERTIFICATION OF ADDITIONAL LOW-INCOME

4 CHILDREN’’; and 

5 (2) in the matter preceding subparagraph (A), 

6 by striking ‘‘may’’ and inserting ‘‘shall’’. 

7 SEC. 3. DIRECT CERTIFICATION FOR CHILDREN RECEIVING 

8 SOCIAL SECURITY INCOME. 

9 (a) IN GENERAL.—Section 9(b)(5) of the Richard B. 

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

11 1758(b)(5)) is amended— 

12 (1) in subparagraph (D), by striking ‘‘or’’ at 

13 the end; 

14 (2) in subparagraph (E)(ii), by striking the pe15 riod at the end and inserting ‘‘; or’’; and 

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

17 ‘‘(F) a child who receives supplemental se18 curity income payments under title XVI of the 

19 Social Security Act (42 U.S.C. 1381 et seq.).’’. 

20 (b) DATA FROM SOCIAL SECURITY ADMINISTRA21 TION.—Section 9(b) of the Richard B. Russell National 

22 School Lunch Act (42 U.S.C. 1758(b)) is amended by add23 ing at the end the following: 

24 ‘‘(16) DATA FROM SOCIAL SECURITY ADMINIS25 TRATION.—In the case of direct certification under 


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1 paragraph (5) or (12)(A) of a child who receives 

2 supplemental security income payments under title 

3 XVI of the Social Security Act (42 U.S.C. 1381 et 

4 seq.), the Commissioner of Social Security shall pro5 vide a local educational agency with the data nec6 essary to certify the child in accordance with a data7 sharing agreement between the Commissioner and 

8 the State in which the local educational agency is lo9 cated.’’. 

10 SEC. 4. RETROACTIVE REIMBURSEMENT. 

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

12 School Lunch Act (42 U.S.C. 1758(b)(9)) is amended by 

13 adding at the end the following: 

14 ‘‘(D) RETROACTIVE REIMBURSEMENT.— 

15 ‘‘(i) DEFINITIONS.—In this subpara16 graph: 

17 ‘‘(I) CHANGE IN ELIGIBILITY.— 

18 The term ‘change in eligibility’ means, 

19 with respect to eligibility for the 

20 school lunch program under this 

21 Act— 

22 ‘‘(aa) a change from eligi23 bility for reduced price meals to 

24 eligibility for free meals; and 


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1 ‘‘(bb) a change from non2 eligibility to eligibility for free or 

3 reduced price meals. 

4 ‘‘(II) MEAL CLAIM.—The term 

5 ‘meal claim’ means any documenta6 tion provided by a school food author7 ity to a State agency in order to re8 ceive reimbursement under this Act 

9 for the cost of a meal served to a 

10 child by the school food authority. 

11 ‘‘(III) PREVIOUSLY SUB12 MITTED.—The term ‘previously sub13 mitted’, with respect to a meal claim, 

14 means a meal claim submitted on or 

15 after the retroactive date. 

16 ‘‘(IV) RETROACTIVE DATE.—The 

17 term ‘retroactive date’ means the first 

18 day of the current school year. 

19 ‘‘(ii) RETROACTIVITY.— 

20 ‘‘(I) SUBMISSION OF MEAL

21 CLAIMS.—A local educational agency 

22 shall— 

23 ‘‘(aa) revise and resubmit a 

24 previously submitted meal claim 

25 to reflect a change in eligibility 


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1 described in subclause (i)(I)(aa) 

2 of a child; and 

3 ‘‘(bb) submit a meal claim 

4 for any meal provided on or after 

5 the retroactive date for a child 

6 that has a change of eligibility 

7 described in subclause (i)(I)(bb). 

8 ‘‘(II) REIMBURSEMENT BY SEC9 RETARY.—The Secretary shall reim10 burse each meal claim submitted by a 

11 local educational agency under sub12 clause (I). 

13 ‘‘(iii) REIMBURSEMENT TO FAMI14 LIES.—A local educational agency that re15 ceives a reimbursement under clause 

16 (ii)(II) shall reimburse the household of a 

17 child for any fees paid by the household on 

18 or after the retroactive date and prior to 

19 the change in eligibility of the child.’’. 

20 SEC. 5. UNIVERSAL MEDICAID DIRECT CERTIFICATION. 

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

22 School Lunch Act (42 U.S.C. 1758(b)(15)) is amended— 

23 (1) in subparagraph (A)— 

24 (A) by striking clause (i) and inserting the 

25 following: 


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1 ‘‘(i) ELIGIBLE CHILD.— 

2 ‘‘(I) IN GENERAL.—The term ‘el3 igible child’ means a child who— 

4 ‘‘(aa)(AA) is eligible for and 

5 receiving medical assistance 

6 under the Medicaid program; and 

7 ‘‘(BB) is a member of a 

8 family with an income as meas9 ured by the Medicaid program 

10 that does not exceed, in the case 

11 of eligibility for free meals, 133 

12 percent of the poverty line (as 

13 defined in section 673(2) of the 

14 Community Services Block Grant 

15 Act (42 U.S.C. 9902(2)), includ16 ing any revision required by such 

17 section) applicable to a family of 

18 the size used for purposes of de19 termining eligibility for the Med20 icaid program, or, in the case of 

21 eligibility for reduced price meals, 

22 the applicable family size income 

23 level under the income eligibility 

24 guidelines for reduced price 

25 meals; or 


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1 ‘‘(bb) is a member of a 

2 household (as that term is de3 fined in section 245.2 of title 7, 

4 Code of Federal Regulations (or 

5 successor regulations)) with a 

6 child described in item (aa). 

7 ‘‘(II) OTHER CHILDREN.—The 

8 term ‘eligible child’ includes a child 

9 who is eligible for and receiving med10 ical assistance under the Medicaid 

11 program under subclause (I) of sec12 tion 1902(a)(10)(A)(i) of the Social 

13 Security Act (42 U.S.C. 

14 1396a(a)(10)(A)(i))— 

15 ‘‘(aa) on the basis of receiv16 ing aid or assistance under the 

17 State plan approved under part 

18 E of title IV of that Act (42 

19 U.S.C. 670 et seq.); 

20 ‘‘(bb) by reason of section 

21 473(b) of that Act (42 U.S.C. 

22 673(b)); or 

23 ‘‘(cc) under subclause (II) of 

24 section 1902(a)(10)(A)(i) of that 


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1 Act (42 U.S.C. 

2 1396a(a)(10)(A)(i)).’’; and 

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

4 ‘‘(iii) WITHOUT FURTHER APPLICA5 TION.—The term ‘without further applica6 tion’ has the meaning given the term in 

7 paragraph (4)(G).’’; and 

8 (2) by striking subparagraphs (B) through (H) 

9 and inserting the following: 

10 ‘‘(B) AGREEMENT.—For the school year 

11 beginning on July 1, 2022, and each school 

12 year thereafter, each State shall enter into an 

13 agreement described in subparagraph (C) with 

14 the 1 or more State agencies conducting eligi15 bility determinations for the Medicaid program. 

16 ‘‘(C) PROCEDURES.— 

17 ‘‘(i) IN GENERAL.—Subject to sub18 paragraph (D) and paragraph (6), an 

19 agreement entered into under subpara20 graph (B) shall establish procedures under 

21 which an eligible child shall be certified as 

22 eligible, without further application, for— 

23 ‘‘(I) free or reduced price lunch 

24 under this Act; and 


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1 ‘‘(II) free or reduced price break2 fast under section 4 of the Child Nu3 trition Act of 1966 (42 U.S.C. 1773). 

4 ‘‘(ii) FREE MEALS.—Each agreement 

5 entered into under subparagraph (B) shall 

6 ensure that a child who is simultaneously 

7 eligible for reduced price meals under this 

8 paragraph or based on an income eligibility 

9 determination, and for free meals based on 

10 documentation provided under subsection 

11 (d)(2), shall be certified for free meals. 

12 ‘‘(D) CERTIFICATION.—Subject to para13 graph (6), and according to an agreement en14 tered into under subparagraph (B), the local 

15 educational agency conducting eligibility deter16 minations under that agreement shall certify an 

17 eligible child as eligible, without further applica18 tion, for— 

19 ‘‘(i) free or reduced price lunch under 

20 this Act; and 

21 ‘‘(ii) free or reduced price breakfast 

22 under section 4 of the Child Nutrition Act 

23 of 1966 (42 U.S.C. 1773).’’. 


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1 SEC. 6. UNIVERSAL MEAL SERVICE IN HIGH POVERTY 

2 AREAS. 

3 Section 11(a)(1)(F) of the Richard B. Russell Na4 tional School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is 

5 amended by striking clause (vii) and inserting the fol6 lowing: 

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

8 year beginning on or before July 1, 2022, 

9 the multiplier shall be 2.5.’’. 

10 SEC. 7. STATEWIDE FREE UNIVERSAL SCHOOL MEALS DEM11 ONSTRATION PROJECTS. 

12 Section 11(a)(1) of the Richard B. Russell National 

13 School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by 

14 adding at the end the following: 

15 ‘‘(G) STATEWIDE FREE UNIVERSAL

16 SCHOOL MEALS DEMONSTRATION PROJECTS.— 

17 ‘‘(i) DEFINITIONS.—In this subpara18 graph: 

19 ‘‘(I) DEMONSTRATION

20 PROJECT.—The term ‘demonstration 

21 project’ means a demonstration 

22 project carried out under clause (ii). 

23 ‘‘(II) ELIGIBLE SCHOOL.— 

24 ‘‘(aa) IN GENERAL.—The 

25 term ‘eligible school’ means a 

26 school that participates in the 


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1 school lunch program under this 

2 Act and the school breakfast pro3 gram under section 4 of the 

4 Child Nutrition Act of 1966 (42 

5 U.S.C. 1773). 

6 ‘‘(bb) EXCLUSION.—The 

7 term ‘eligible school’ does not in8 clude a residential child care in9 stitution (as defined in section 

10 210.2 of title 7, Code of Federal 

11 Regulations (or successor regula12 tions)). 

13 ‘‘(III) IDENTIFIED STUDENT.— 

14 The term ‘identified student’ has the 

15 meaning given the term in subpara16 graph (F)(i). 

17 ‘‘(IV) SELECTED STATE.—The 

18 term ‘selected State’ means a State 

19 selected to carry out a demonstration 

20 project under clause (iii)(I). 

21 ‘‘(ii) ESTABLISHMENT.—Not later 

22 than July 1, 2023, the Secretary shall 

23 carry out demonstration projects in se24 lected States under which school meals are 


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1 provided at no charge to every student at 

2 an eligible school in the selected State. 

3 ‘‘(iii) STATE SELECTION.— 

4 ‘‘(I) IN GENERAL.—The Sec5 retary shall select not more than 5 

6 States to each carry out a demonstra7 tion project. 

8 ‘‘(II) APPLICATIONS.—A State 

9 seeking to carry out a demonstration 

10 project shall submit to the Secretary 

11 an application at such time, in such 

12 manner, and containing such informa13 tion as the Secretary may require. 

14 ‘‘(III) PRIORITY.—In carrying 

15 out subclause (I), the Secretary shall 

16 give priority to a State based on— 

17 ‘‘(aa) the level of childhood 

18 poverty in the State; 

19 ‘‘(bb) the extent to which 

20 the State has implemented sub21 paragraph (F); 

22 ‘‘(cc) the extent to which the 

23 direct certification rate of the 

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1 age (as defined in section 

2 9(b)(4)(F)(i)); 

3 ‘‘(dd) the extent to which 

4 the State demonstrates a com5 mitment to providing technical 

6 assistance to local educational 

7 agencies that will implement the 

8 demonstration project in the 

9 State; and 

10 ‘‘(ee) the extent to which the 

11 State demonstrates a commit12 ment to providing non-Federal 

13 funding under clause (vi)(III). 

14 ‘‘(iv) START DATE.—A demonstration 

15 project shall begin in a selected State on 

16 the first day of the school year in that 

17 State. 

18 ‘‘(v) SPECIAL ASSISTANCE PAY19 MENTS.— 

20 ‘‘(I) FIRST YEAR.—For each 

21 month of the first school year during 

22 which a demonstration project is car23 ried out, a selected State shall receive 

24 special assistance payments at the 

25 rate for free meals for a percentage of 


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1 all reimbursable meals served in eligi2 ble schools in the State in an amount 

3 equal to the product obtained by mul4 tiplying— 

5 ‘‘(aa) 1.9; and 

6 ‘‘(bb) the percentage of 

7 identified students in eligible 

8 schools in the State as of the last 

9 day of the prior school year, up 

10 to a maximum of 100 percent. 

11 ‘‘(II) SUBSEQUENT YEARS.—For 

12 each month of the second school year 

13 and each subsequent school year dur14 ing which a demonstration project is 

15 carried out, a selected State shall re16 ceive special assistance payments at 

17 the rate for free meals for a percent18 age of all reimbursable meals served 

19 in eligible schools in the State in an 

20 amount equal to the product obtained 

21 by multiplying— 

22 ‘‘(aa) 1.9; and 

23 ‘‘(bb) the higher of— 

24 ‘‘(AA) the percentage 

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1 gible schools as of the last 

2 day of the prior school year; 

3 and 

4 ‘‘(BB) the percentage 

5 of identified students in eli6 gible schools as of the last 

7 day of the school year prior 

8 to the first school year dur9 ing which a demonstration 

10 project is carried out, up to 

11 a maximum of 100 percent. 

12 ‘‘(III) PAYMENT FOR OTHER

13 MEALS.—With respect to the reim14 bursable meals described in subclauses 

15 (I) and (II) for which a selected State 

16 is not receiving special assistance pay17 ments under this clause, the reim18 bursement rate shall be the rate pro19 vided under section 4. 

20 ‘‘(IV) PAYMENTS IN LIEU OF.—A 

21 special assistance payment made 

22 under this clause shall be in lieu of 

23 any other special assistance payment 

24 made under this paragraph. 

25 ‘‘(vi) STATE IMPLEMENTATION.— 


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1 ‘‘(I) PRELIMINARY ACTIVITIES.— 

2 Each selected State shall, in the 

3 school year preceding the first school 

4 year during which the demonstration 

5 project shall be carried out in the 

6 State— 

7 ‘‘(aa) identify each eligible 

8 school in the State; 

9 ‘‘(bb) in consultation with 

10 the Secretary, combine the per11 centage of identified students 

12 across eligible schools for the 

13 purpose of calculating the max14 imum reimbursement rate to en15 sure that the special assistance 

16 payments received under clause 

17 (v) are for the maximum amount; 

18 ‘‘(cc) inform local edu19 cational agencies of the dem20 onstration project; and 

21 ‘‘(dd) coordinate with local 

22 educational agencies to provide 

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1 ians of students attending eligible 

2 schools. 

3 ‘‘(II) MEAL SERVICE.—As part 

4 of a demonstration project, an eligible 

5 school in a selected State— 

6 ‘‘(aa) shall not collect appli7 cations for free and reduced price 

8 lunches under this Act; and 

9 ‘‘(bb) shall make school 

10 meals available to all children at 

11 the school at no charge. 

12 ‘‘(III) NON-FEDERAL FUND13 ING.— 

14 ‘‘(aa) IN GENERAL.—Each 

15 selected State may support the 

16 demonstration project using— 

17 ‘‘(AA) funds from State 

18 and local sources that are 

19 used for the maintenance of 

20 the free lunch program 

21 under this Act and the free 

22 breakfast program under 

23 section 4 of the Child Nutri24 tion Act of 1966 (42 U.S.C. 

25 1773); and 


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1 ‘‘(BB) State revenues 

2 appropriated or used for 

3 program purposes under sec4 tion 7 of this Act. 

5 ‘‘(bb) NON-FEDERAL CON6 TRIBUTIONS.—In addition to the 

7 funding received under this Act 

8 and the Child Nutrition Act of 

9 1966 (42 U.S.C. 1771 et seq.), 

10 each selected State shall provide 

11 funding from non-Federal 

12 sources to ensure that local edu13 cational agencies in the State re14 ceive the free reimbursement rate 

15 for not less than 90 percent of 

16 the meals served at eligible 

17 schools. 

18 ‘‘(cc) CONTINUATION OF

19 FREE RATE.— 

20 ‘‘(AA) DEFINITION OF

21 COVERED SCHOOL YEAR.— 

22 In this item, the term ‘cov23 ered school year’ means the 

24 school year preceding the 

25 first school year during 


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1 which a demonstration 

2 project is carried out. 

3 ‘‘(BB) FREE RATE.—A 

4 selected State that receives 

5 special assistance payments 

6 at the free reimbursement 

7 rate under subparagraph 

8 (F) for more than 90 per9 cent of the meals served at 

10 eligible schools in the cov11 ered school year shall con12 tinue to receive the free re13 imbursement rate for not 

14 less than the same percent15 age of meals in each school 

16 year during which a dem17 onstration project is carried 

18 out. 

19 ‘‘(vii) REPORT.— 

20 ‘‘(I) IN GENERAL.—Not later 

21 than September 30, 2027, the Sec22 retary, acting through the Adminis23 trator of the Food and Nutrition 

24 Service, shall submit to the Com25 mittee on Agriculture, Nutrition, and 


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1 Forestry of the Senate and the Com2 mittees on Agriculture and Education 

3 and Labor of the House of Represent4 atives a report that evaluates the im5 pact of each demonstration project in 

6 a selected State with respect to— 

7 ‘‘(aa) academic achievement, 

8 absenteeism, tardiness, the school 

9 environment, child food insecu10 rity in the selected State, and 

11 other key factors identified in 

12 consultation with the Secretary 

13 of Education; 

14 ‘‘(bb) the rate of participa15 tion in the free lunch program 

16 under this Act and the free 

17 breakfast program under section 

18 4 of the Child Nutrition Act of 

19 1966 (42 U.S.C. 1773) among 

20 identified students and other stu21 dents; 

22 ‘‘(cc) school meal services, 

23 finances, and operations in the 

24 selected State; 


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1 ‘‘(dd) administrative costs to 

2 the selected State and the school 

3 food authorities participating in 

4 the demonstration project; and 

5 ‘‘(ee) the integrity of the op6 eration of the free lunch program 

7 under this Act in the selected 

8 State. 

9 ‘‘(II) FUNDING.— 

10 ‘‘(aa) IN GENERAL.—On Oc11 tober 1, 2023, out of any funds 

12 in the Treasury not otherwise ap13 propriated, the Secretary of the 

14 Treasury shall transfer to the 

15 Secretary to carry out this clause 

16 $3,000,000, to remain available 

17 until September 30, 2027. 

18 ‘‘(bb) RECEIPT AND AC19 CEPTANCE.—The Secretary shall 

20 be entitled to receive, shall ac21 cept, and shall use to carry out 

22 this clause the funds transferred 

23 under item (aa), without further 

24 appropriation.’’. 

Æ 


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