I 

113TH CONGRESS 

2D SESSION H. R. 4249 

To amend the Richard B. Russell National School Lunch Act and the Child 

Nutrition Act of 1966 to expand and improve Federal programs to 

reduce child hunger. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2014 

Ms. TITUS (for herself, Mr. VARGAS, Ms. FUDGE, Mr. HUFFMAN, Mr. CARTWRIGHT, Ms. MOORE, Mr. CONYERS, Mr. POLIS, Ms. CLARKE of New 

York, Ms. CLARK of Massachusetts, Mr. CA ́RDENAS, Mr. JOHNSON of 

Georgia, Mr. DEUTCH, and Mr. SERRANO) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Richard B. Russell National School Lunch 

Act and the Child Nutrition Act of 1966 to expand 

and improve Federal programs to reduce child hunger. 

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 ‘‘Helping Hungry Stu5 dents Learn Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 4249 IH

1 (1) In 2012, nearly one in five children in 

2 America lived in a household that lacked access to 

3 nutritious food on a regular basis. That is 15.9 mil4 lion American children who struggled with hunger at 

5 some time during the year. 

6 (2) Children who experience hunger are more 

7 likely to get sick and are more likely to be obese 

8 than those who do not. Children facing chronic hun9 ger also find it more difficult to concentrate in 

10 school and tend to exhibit higher levels of behavioral, 

11 emotional, and academic problems. 

12 (3) Federal programs play an important role in 

13 addressing childhood hunger. In 2013, 21 million 

14 students participated in the free or reduced-price 

15 lunch program. Eleven million students participated 

16 in the free or reduced-price breakfast program. 

17 Three million low-income children received free 

18 meals during the summer months. Forty-seven per19 cent of participants in the supplemental nutrition as20 sistance program are under the age of 18. 

21 (4) On average, students who eat school break22 fast achieve 17.5 percent higher scores on standard23 ized math tests, and attend 1.5 more days of school 

24 each year than those who do not. Students who at25 tend class more regularly are 20 percent more likely 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 4249 IH

1 to graduate from high school. Participation in the 

2 school breakfast program is associated with children 

3 having a lower Body Mass Index. 

4 SEC. 3. SCHOOL LUNCH PROGRAM. 

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

6 School Lunch Act is amended— 

7 (1) in paragraph (1)(A), by inserting after the 

8 third sentence the following: ‘‘Notwithstanding any 

9 other provision of this Act and the Child Nutrition 

10 Act of 1966, for each school year beginning on or 

11 after the July 1 of the year following the year of en12 actment of the Helping Hungry Students Learn Act, 

13 the income guidelines for determining eligibility for 

14 free lunches shall be 185 percent of the applicable 

15 family size income levels contained in the nonfarm 

16 income poverty guidelines prescribed by the Office of 

17 Management and Budget, as adjusted annually in 

18 accordance with subparagraph (B)’’; and 

19 (2) in paragraph (9)(B), by inserting at the end 

20 the following: 

21 ‘‘(iii) TERMINATION OF REDUCED22 PRICE CATEGORY.—Beginning with the 

23 school year beginning July 1 of the year 

24 following the year of enactment of the 

25 Helping Hungry Students Learn Act, no 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 4249 IH

1 child shall be determined eligible for a re2 duced price lunch.’’. 

3 SEC. 4. SCHOOL BREAKFAST PROGRAM. 

4 (a) UNIVERSAL SCHOOL BREAKFAST PROGRAM.— 

5 Section 4(a) of the Child Nutrition Act of 1966 (42 U.S.C. 

6 1773(a)) is amended— 

7 (1) by striking ‘‘(a) There’’ and inserting: 

8 ‘‘(a)(1) There’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) UNIVERSAL SCHOOL BREAKFAST PRO11 GRAM.—For each school year beginning on or after 

12 the July 1 of the year following the year of enact13 ment of the Helping Hungry Students Learn Act, 

14 each school participating in the school breakfast pro15 gram under this section shall provide breakfast 

16 under the program to each student that desires such 

17 a breakfast at no cost to the student.’’. 

18 (b) NATIONAL AVERAGE PAYMENT RATE.—Section 

19 4(b)(1)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 

20 1773(b)(1)(B)) is amended by adding at the end the fol21 lowing: ‘‘Notwithstanding any other provision of this Act 

22 or the Richard B. Russell National School Lunch Act, for 

23 each school year beginning on or after the July 1 of the 

24 year following the year of enactment of the Helping Hun25 gry Students Learn Act, the national average payment for 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 4249 IH

1 each breakfast served to any child shall be equal to the 

2 national average payment for each free breakfast served 

3 during the school year beginning July 1 of the year of 

4 enactment of the Helping Hungry Students Learn Act 

5 (which shall be adjusted pursuant to section 11(a) of the 

6 Richard B. Russell National School Lunch Act).’’. 

7 (c) SEVERE NEED ASSISTANCE.—Section 4(d)(1) of 

8 the Child Nutrition Act of 1966 (42 U.S.C. 1773(d)(1)) 

9 is amended— 

10 (1) by striking ‘‘(A) during’’ and inserting: 

11 ‘‘(A)(i) during’’; 

12 (2) by striking ‘‘(B) in’’ and inserting ‘‘(ii) in’’; 

13 (3) by striking ‘‘subparagraph (A)’’ and insert14 ing ‘‘clause (i)’’; 

15 (4) by striking ‘‘met.’’ and inserting ‘‘met; 

16 and’’; and 

17 (5) by adding at the end the following: 

18 ‘‘(B) for each school year beginning on or 

19 after the July 1 of the year following the year 

20 of enactment of the Helping Hungry Students 

21 Learn Act, there is an alternative breakfast 

22 serving model to increase participation in the 

23 school breakfast program, such as by serving 

24 breakfast in the classroom or having a school 

25 breakfast cart.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 4249 IH

1 SEC. 5. SUMMER ELECTRONIC BENEFITS TRANSFER FOR 

2 CHILDREN PROGRAM. 

3 The Richard B. Russell National School Lunch Act 

4 (42 U.S.C. 1751 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 30. SUMMER ELECTRONIC BENEFITS TRANSFER FOR 

7 CHILDREN PROGRAM. 

8 ‘‘(a) IN GENERAL.—From the amount appropriated 

9 to carry out this section, the Secretary shall carry out a 

10 summer electronic benefits transfer for children program 

11 by awarding grants to States that desire to participate in 

12 such program to assist such States with the initial admin13 istrative costs of such participation. 

14 ‘‘(b) PROGRAM REQUIREMENTS.—The summer elec15 tronic benefits transfer for children program carried out 

16 under this section shall have the same terms and condi17 tions as the summer electronic benefits transfer for chil18 dren demonstration project carried out under section 

19 749(g) of the Agriculture, Rural Development, and Food 

20 and Drug Administration, and Related Agencies Appro21 priations Act, 2010 (Public Law 111–80; 123 Stat. 2131), 

22 except that the Secretary shall prescribe an annual adjust23 ment for the monthly benefit of $60 per child that is ad24 justed at the time that the annual adjustments are made 

25 for the national average payment rates for breakfasts and 

26 lunches (pursuant to section 11(a) of this Act).’’. 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 4249 IH

1 SEC. 6. WEEKENDS AND HOLIDAYS WITHOUT HUNGER. 

2 Section 18 of the Richard B. Russell National School 

3 Lunch Act (42 U.S.C. 1769) is amended by adding at the 

4 end the following: 

5 ‘‘(l) WEEKENDS AND HOLIDAYS WITHOUT HUN6 GER.— 

7 ‘‘(1) DEFINITIONS.—In this subsection: 

8 ‘‘(A) AT-RISK SCHOOL CHILD.—The term 

9 ‘at-risk school child’ has the meaning given the 

10 term in section 17(r)(1). 

11 ‘‘(B) ELIGIBLE INSTITUTION.— 

12 ‘‘(i) IN GENERAL.—The term ‘eligible 

13 institution’ means a public or private non14 profit institution that is determined by the 

15 Secretary to be able to meet safe food stor16 age, handling, and delivery standards es17 tablished by the Secretary. 

18 ‘‘(ii) INCLUSIONS.—The term ‘eligible 

19 institution’ includes— 

20 ‘‘(I) an elementary or secondary 

21 school or school food service authority; 

22 ‘‘(II) a food bank or food pantry; 

23 ‘‘(III) a homeless shelter; and 

24 ‘‘(IV) such other type of emer25 gency feeding agency as is approved 

26 by the Secretary. 


emcdonald on DSK67QTVN1PROD with BILLS
8 

•HR 4249 IH

1 ‘‘(2) ESTABLISHMENT.—Subject to the avail2 ability of appropriations provided in advance in an 

3 appropriations Act specifically for the purpose of 

4 carrying out this subsection, the Secretary shall es5 tablish a program under which the Secretary shall 

6 provide commodities, on a competitive basis, to State 

7 agencies for the purposes of enabling eligible institu8 tions to carry out projects to provide nutritious food 

9 to at-risk children on weekends and during extended 

10 school holidays during the school year. 

11 ‘‘(3) APPLICATIONS.—To participate in the pro12 gram under this subsection, a State agency shall 

13 submit an application to the Secretary at such time, 

14 in such manner, and containing such information as 

15 the Secretary may require. 

16 ‘‘(4) ELIGIBILITY.— 

17 ‘‘(A) IN GENERAL.—To be eligible to re18 ceive commodities under this subsection, an eli19 gible institution shall submit an application to 

20 the State agency involved at such time, in such 

21 manner, and containing such information as the 

22 State agency may require. 

23 ‘‘(B) PLAN.—An application under sub24 paragraph (A) shall include the plan of the eli25 gible institution for the distribution of nutriVerDate Mar 15 2010 21:55 Mar 20, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4249.IH H4249

emcdonald on DSK67QTVN1PROD with BILLS
9 

•HR 4249 IH

1 tious foods to at-risk school children under the 

2 project to be carried out under this subsection, 

3 including— 

4 ‘‘(i) methods of food service delivery 

5 to at-risk school children; 

6 ‘‘(ii) assurances that children receiv7 ing foods under the project will not be pub8 licly separated or overtly identified; 

9 ‘‘(iii) lists of the types of food to be 

10 provided under the project and provisions 

11 to ensure food quality and safety; 

12 ‘‘(iv) information on the number of 

13 at-risk school children to be served and the 

14 per-child cost of providing the children 

15 with food; and 

16 ‘‘(v) such other information as the 

17 Secretary determines to be necessary to as18 sist the Secretary in evaluating projects 

19 that receive commodities under this sub20 section. 

21 ‘‘(5) PRIORITY.—In selecting applications under 

22 this subsection, a State agency shall give priority to 

23 eligible institutions that— 


emcdonald on DSK67QTVN1PROD with BILLS
10 

•HR 4249 IH

1 ‘‘(A) have on-going programs and experi2 ence serving populations with significant pro3 portions of at-risk school children; 

4 ‘‘(B) have a good record of experience in 

5 food delivery and food safety systems; 

6 ‘‘(C) maintain high-quality control, ac7 countability, and recordkeeping standards; 

8 ‘‘(D) provide children with readily 

9 consumable food of high nutrient content and 

10 quality; 

11 ‘‘(E) demonstrate cost efficiencies and the 

12 potential for obtaining supplemental funding 

13 from non-Federal sources to carry out projects; 

14 and 

15 ‘‘(F) demonstrate the ability to continue 

16 projects for the full approved term of the pilot 

17 project period. 

18 ‘‘(6) GUIDELINES.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 issue guidelines containing the criteria for eligi21 ble institutions to receive commodities under 

22 this section from State agencies. 

23 ‘‘(B) INCLUSIONS.—The guidelines shall, 

24 to the maximum extent practicable within the 


emcdonald on DSK67QTVN1PROD with BILLS
11 

•HR 4249 IH

1 funds available and applications submitted, take 

2 into account— 

3 ‘‘(i) geographical variations in project 

4 locations that will be carried out by eligible 

5 institutions to include qualifying projects 

6 in rural, urban, and suburban areas with 

7 high proportions of families with at-risk 

8 school children; 

9 ‘‘(ii) different types of projects that 

10 offer nutritious foods on weekends and 

11 during school holidays to at-risk school 

12 children; and 

13 ‘‘(iii) institutional capacity to collect, 

14 maintain, and provide statistically valid in15 formation necessary for the Secretary— 

16 ‘‘(I) to analyze and evaluate the 

17 results of the pilot project; and 

18 ‘‘(II) to make recommendations 

19 to Congress. 

20 ‘‘(7) EVALUATION.— 

21 ‘‘(A) INTERIM EVALUATION.—Not later 

22 than November 30, 2016, the Secretary shall 

23 complete an interim evaluation of the pilot pro24 gram carried out under this subsection. 


emcdonald on DSK67QTVN1PROD with BILLS
12 

•HR 4249 IH

1 ‘‘(B) FINAL REPORT.—Not later than De2 cember 31, 2018, the Secretary shall submit to 

3 Congress a final report that contains— 

4 ‘‘(i) an evaluation of the pilot pro5 gram carried out under this subsection; 

6 and 

7 ‘‘(ii) any recommendations of the Sec8 retary for legislative action. 

9 ‘‘(8) FUNDING.— 

10 ‘‘(A) AUTHORIZATION OF APPROPRIA11 TIONS.—There is authorized to be appropriated 

12 to carry out this subsection such sums as are 

13 necessary, to remain available until expended. 

14 ‘‘(B) AVAILABILITY OF FUNDS.—Not more 

15 than 3 percent of the funds made available 

16 under subparagraph (A) may be used by the 

17 Secretary for expenses associated with review of 

18 the operations and evaluation of the projects 

19 carried out under this subsection.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS