II 

111TH CONGRESS 

2D SESSION S. 3093 

To require semiannual indexing of certain Federal child nutrition programs. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2010 

Mr. CASEY introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To require semiannual indexing of certain Federal child 

nutrition programs. 

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 ‘‘National Child Hunger 

5 Relief Act’’. 

6 SEC. 2. SCHOOL MEALS. 

7 (a) COMMODITIES.—Section 6(c)(1) of the Richard 

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

9 1755(c)(1)) is amended— 


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1 (1) in subparagraph (A), by striking ‘‘on July 

2 1, 1982, and each July 1 thereafter’’ and inserting 

3 ‘‘in accordance with subparagraph (B)’’; and 

4 (2) by striking subparagraph (B) and inserting 

5 the following: 

6 ‘‘(B) ADJUSTMENT.—The Secretary shall— 

7 ‘‘(i) on each January 1, increase the value of 

8 food assistance for each meal by the annual percent9 age change in a 3-month average value of the Price 

10 Index for Foods Used in Schools and Institutions for 

11 September, October, and November each year; 

12 ‘‘(ii) on each July 1, increase the value of food 

13 assistance for each meal by the annual percentage 

14 change in a 3-month average value of the Price 

15 Index for Foods Used in Schools and Institutions for 

16 March, April, and May each year; and 

17 ‘‘(iii) round the result of each increase to the 

nearest higher 1 18 ⁄4 cent.’’. 

19 (b) OVERALL ADJUSTMENT.—Section 11(a) of the 

20 Richard B. Russell National School Lunch Act (42 U.S.C. 

21 1759a(a)) is amended— 

22 (1) in paragraph (2), by striking ‘‘98.75 cents’’ 

23 and inserting ‘‘the amount computed under para24 graph (3)’’; and 

25 (2) in paragraph (3)— 


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1 (A) in subparagraph (A)— 

2 (i) in the matter before clause (i), by 

3 striking ‘‘July 1, 1982, and on each subse4 quent July 1, an annual adjustment’’ and 

5 inserting ‘‘each January 1 and July 1, a 

6 semiannual increase’’; and 

7 (ii) in clause (ii), by striking ‘‘(as es8 tablished under paragraph (2) of this sub9 section)’’; 

10 (B) in subparagraph (B)— 

11 (i) in clause (i), by striking ‘‘annual 

12 adjustment’’ and inserting ‘‘semiannual in13 crease’’; 

14 (ii) in clause (ii)— 

15 (I) by striking ‘‘annual adjust16 ment’’ and inserting ‘‘semiannual in17 crease’’; and 

18 (II) by striking ‘‘12-month pe19 riod’’ and inserting ‘‘6-month period’’; 

20 and 

21 (iii) by striking clause (iii) and insert22 ing the following: 

23 ‘‘(iii) ROUNDING.—On each January 

24 1 and July 1, the national average payVerDate Nov 24 2008 22:28 Mar 10, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3093.IS S3093

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1 ment rates for meals and supplements 

2 shall be— 

3 ‘‘(I) increased to the nearest 

4 higher cent; and 

5 ‘‘(II) based on the unrounded 

6 amount previously in effect.’’. 

7 (c) PAYMENTS TO SERVICE INSTITUTIONS.—Section 

8 13(b)(1) of the Richard B. Russell National School Lunch 

9 Act (42 U.S.C. 1761(b)(1)) is amended by striking sub10 paragraph (B) and inserting the following: 

11 ‘‘(B) ADJUSTMENTS.—The Secretary 

12 shall— 

13 ‘‘(i) on each January 1, increase each 

14 amount specified in subparagraph (A) as 

15 adjusted through the preceding July 1 to 

16 reflect changes for the 6-month period end17 ing the preceding November 30 in the se18 ries for food away from home of the Con19 sumer Price Index for All Urban Con20 sumers published by the Bureau of Labor 

21 Statistics of the Department of Labor; 

22 ‘‘(ii) on each July 1, increase each 

23 amount specified in subparagraph (A) as 

24 adjusted through the preceding January 1 

25 to reflect changes for the 6-month period 


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1 ending the preceding May 31 in the series 

2 for food away from home of the Consumer 

3 Price Index for All Urban Consumers pub4 lished by the Bureau of Labor Statistics of 

5 the Department of Labor; 

6 ‘‘(iii) base each increase on the 

7 unrounded amount previously in effect; 

8 and 

9 ‘‘(iv) round each increase described in 

10 clauses (i) and (ii) to the nearest higher 

11 cent increment.’’. 

12 (d) REIMBURSEMENT OF FAMILY OR GROUP DAY

13 CARE HOME SPONSORING ORGANIZATIONS.— 

14 (1) TIER I.—Section 17(f)(3)(A)(ii)(IV) of the 

15 Richard B. Russell National School Lunch Act (42 

16 U.S.C. 1766(f)(3)(A)(ii)(IV)) is amended by striking 

17 subclause (IV) and inserting the following: 

18 ‘‘(IV) ADJUSTMENTS.—On each 

19 July 1 and January 1, the Secretary 

20 shall— 

21 ‘‘(aa) increase each reim22 bursement factor under this sub23 paragraph to reflect the changes 

24 in the Consumer Price Index for 

25 food at home for the most recent 


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1 6-month period for which the 

2 data are available; 

3 ‘‘(bb) base each increase on 

4 the unrounded amount previously 

5 in effect; and 

6 ‘‘(cc) round each increase 

7 described in item (aa) to the 

8 nearest higher cent increment.’’. 

9 (2) TIER II.—Section 17(f)(3)(A)(iii)(I) of the 

10 Richard B. Russell National School Lunch Act (42 

11 U.S.C. 1766(f)(3)(A)(iii)(I)) is amended by striking 

12 item (bb) and inserting the following: 

13 ‘‘(bb) ADJUSTMENTS.—On 

14 each July 1 and January 1, the 

15 Secretary shall increase the reim16 bursement factors to reflect the 

17 changes in the Consumer Price 

18 Index for food at home for the 

19 most recent 6-month period for 

20 which the data are available, base 

21 the increases on the unrounded 

22 amount previously in effect, and 

23 round the increases to the near24 est higher cent increment.’’. 


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1 (e) SPECIAL MILK PROGRAM.—Section 3(a) of the 

2 Child Nutrition Act of 1966 (42 U.S.C. 1772(a)) is 

3 amended— 

4 (1) by striking paragraph (7) and inserting the 

5 following: 

6 ‘‘(7) MINIMUM RATE OF REIMBURSEMENT.— 

7 For each school year, the minimum rate of reimbursement for a 1 8 ⁄2 pint of milk served in schools 

9 and other eligible institutions shall be not less than 

10 minimum rate of reimbursement in effect on Sep11 tember 30, 2008, as increased on a semiannual basis 

12 each school year to reflect changes in the Producer 

13 Price Index for Fresh Processed Milk published by 

14 the Bureau of Labor Statistics of the Department of 

15 Labor.’’; and 

16 (2) in paragraph (8), by inserting ‘‘higher’’ 

17 after ‘‘nearest’’. 

Æ 


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