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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2803 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2803

 To amend the Richard B. Russell National School Lunch Act to improve 
 paperless enrollment and efficiency for the national school lunch and 
           school breakfast programs, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 2009

 Mr. Fattah (for himself, Ms. Schwartz, and Mr. Brady of Pennsylvania) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL

 
 To amend the Richard B. Russell National School Lunch Act to improve 
 paperless enrollment and efficiency for the national school lunch and 
           school breakfast programs, and for other purposes.

    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 ``Paperless Enrollment for School 
Meals Act of 2009''.

SEC. 2. DATA-BASED ELIGIBILITY FOR SCHOOL MEALS PROGRAMS.

    (a) Eligibility.--Section 11(a)(1) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding 
at the end the following:
                    ``(F) Data-based eligibility.--
                            ``(i) In general.--A school or local 
                        educational agency may elect to receive special 
                        assistance payments under clause (ii) in lieu 
                        of special assistance payments otherwise made 
                        available under this paragraph based on 
                        applications for free and reduced price lunches 
                        if the school or local educational agency--
                                    ``(I) elects to serve all children 
                                in the school or local educational 
                                agency free lunches and breakfasts 
                                under the school lunch program and 
                                school breakfast program established 
                                under section 4 of the Child Nutrition 
                                Act of 1966 (42 U.S.C. 1773), during a 
                                period of 5 successive school years; 
                                and
                                    ``(II) pays, from sources other 
                                than Federal funds, the costs of 
                                serving the lunches or breakfasts that 
                                are in excess of the value of 
                                assistance received under this Act and 
                                the Child Nutrition Act of 1966 (42 
                                U.S.C. 1771 et seq.).
                            ``(ii) Alternative data sources.--Subject 
                        to criteria established by the Secretary not 
                        later than December 31, 2010, special 
                        assistance payments under clause (i) may be 
                        based on an estimate of the number of children 
                        eligible for free and reduced price lunches 
                        under section 9(b)(1)(A) derived from recent 
                        data other than applications, including--
                                    ``(I) a socioeconomic survey of a 
                                representative sample of households of 
                                students, which may exclude students 
                                who have been directly certified under 
                                paragraphs (4) and (5) of section 9(b);
                                    ``(II) data from the American 
                                Community Survey of the Bureau of the 
                                Census;
                                    ``(III) data on receipt of income-
                                tested public benefits by students or 
                                the households of students or income 
                                data collected by public benefit 
                                programs, including--
                                            ``(aa) the supplemental 
                                        nutrition assistance program 
                                        established under the Food and 
                                        Nutrition Act of 2008 (7 U.S.C. 
                                        2011 et seq.);
                                            ``(bb) the medical 
                                        assistance program under the 
                                        State Medicaid program under 
                                        title XIX of the Social 
                                        Security Act (42 U.S.C. 1396 et 
                                        seq.);
                                            ``(cc) the supplemental 
                                        security income program 
                                        established under title XVI of 
                                        that Act (42 U.S.C. 1381 et 
                                        seq.); and
                                            ``(dd) the program of block 
                                        grants to States for temporary 
                                        assistance for needy families 
                                        established under part A of 
                                        title IV of that Act (42 U.S.C. 
                                        601 et seq.); or
                                    ``(IV) other data, including State 
                                or local survey data and State or local 
                                tax records.
                            ``(iii) Payments.--
                                    ``(I) Free meals.--For each month 
                                of the period during which a school or 
                                local educational agency described in 
                                clause (i) serves free lunches or 
                                breakfasts to all enrolled children, 
                                special assistance payments at the rate 
                                for free meals shall be made for a 
                                percentage of all reimbursable meals 
                                served that is equal to the percentage 
                                of students estimated to be eligible 
                                for free meals.
                                    ``(II) Reduced price meals.--For 
                                each month of the period during which 
                                the school or local educational agency 
                                serves free lunches or breakfasts to 
                                all enrolled children, special 
                                assistance payments at the rate for 
                                reduced price meals shall be made for a 
                                percentage of all reimbursable meals 
                                served that is equal to the percentage 
                                of students estimated to be eligible 
                                for reduced price meals.
                                    ``(III) Other meals.--For each 
                                month of the period during which the 
                                school or local educational agency 
                                serves free lunches or breakfasts to 
                                all enrolled children, food assistance 
                                payments at the rate provided under 
                                section 4 shall be made for the 
                                remainder of the reimbursable meals 
                                served.
                            ``(iv) Renewals.--
                                    ``(I) In general.--A school or 
                                local educational agency described in 
                                clause (i) may reapply to the Secretary 
                                at the end of the period described in 
                                clause (i), and at the end of each 
                                period thereafter for which the school 
                                or local educational agency receives 
                                reimbursements and assistance under 
                                this subparagraph, for the purpose of 
                                continuing to receive the 
                                reimbursements and assistance for a 
                                subsequent 5-school-year period.
                                    ``(II) Approval.--The Secretary 
                                shall approve an application under this 
                                clause if available socioeconomic data 
                                demonstrate that the income level of 
                                the population of the school or local 
                                educational agency has remained 
                                consistent with or below the income 
                                level of the population of the school 
                                or local educational agency in the last 
                                year in which reimbursement rates were 
                                determined under clause (ii).
                                    ``(III) Data.--Not later than 
                                December 31, 2010, the Secretary shall 
                                establish criteria regarding the 
                                socioeconomic data that may be used 
                                when applying for a renewal of the 
                                special assistance payments for a 
                                subsequent 5-school-year period.
                    ``(G) High-poverty areas.--
                            ``(i) In general.--A school or local 
                        educational agency may elect to receive special 
                        assistance payments under clause (ii) in lieu 
                        of special assistance payments otherwise made 
                        available under this paragraph based on 
                        applications for free and reduced price lunches 
                        if the school or local educational agency--
                                    ``(I) during a period of 2 
                                successive school years, elects to 
                                serve all children in the school or 
                                local educational agency free lunches 
                                and breakfasts under the school lunch 
                                program under this Act and the school 
                                breakfast program established under 
                                section 4 of the Child Nutrition Act of 
                                1966 (42 U.S.C. 1773);
                                    ``(II) pays, from sources other 
                                than Federal funds, the costs of 
                                serving the lunches or breakfasts that 
                                are in excess of the value of 
                                assistance received under this Act and 
                                the Child Nutrition Act of 1966 (42 
                                U.S.C. 1771 et seq.); and
                                    ``(III)(aa) for a local educational 
                                agency, for the prior school year, 
                                directly certified under paragraphs (4) 
                                and (5) of section 9(b) at least 50 
                                percent of the enrolled students;
                                    ``(bb) for a school, for the prior 
                                school year, directly certified under 
                                paragraphs (4) and (5) of section 9(b) 
                                at least 60 percent of the enrolled 
                                students; or
                                    ``(cc) for a school or local 
                                educational agency that received 
                                payments under this subparagraph for 
                                the prior school year, directly 
                                certifies under paragraphs (4) and (5) 
                                of section 9(b) at least 40 or 50 
                                percent, respectively, of the enrolled 
                                students.
                            ``(ii) Payments.--
                                    ``(I) In general.--For each month 
                                of the school year, special assistance 
                                payments at the rate for free meals 
                                shall be made under this subparagraph 
                                for a percentage of all reimbursable 
                                meals served in an amount equal to the 
                                product obtained by multiplying--
                                            ``(aa) 1.5; by
                                            ``(bb) the percentage of 
                                        students directly certified 
                                        under paragraphs (4) and (5) of 
                                        section 9(b), up to a maximum 
                                        of 100 percent.
                                    ``(II) Other meals.--The percentage 
                                of meals served that is not described 
                                in subclause (I) shall be reimbursed at 
                                the rate provided under section 4.
                            ``(iii) Election of option.--
                                    ``(I) In general.--Any school or 
                                local educational agency eligible for 
                                the option under clause (i) may elect 
                                to receive special assistance payments 
                                under clause (ii) for the next school 
                                year if the school or local educational 
                                agency provides to the State agency 
                                evidence of the percentage of students 
                                directly certified not later than June 
                                30 of the current school year.
                                    ``(II) State agency notification.--
                                Not later than May 1 of each school 
                                year, each State agency shall notify--
                                            ``(aa) any local 
                                        educational agency that 
                                        appears, based on reported 
                                        verification summary data, to 
                                        have directly certified at 
                                        least 50 percent of the 
                                        enrolled students for the 
                                        current school year, that the 
                                        local educational agency may be 
                                        eligible to elect to receive 
                                        special assistance payments 
                                        under clause (ii) for the next 
                                        school year and explain the 
                                        procedures for the local 
                                        educational agency to make such 
                                        an election; and
                                            ``(bb) any local 
                                        educational agency that 
                                        appears, based on reported 
                                        verification summary data, to 
                                        have directly certified at 
                                        least 40 percent of the 
                                        enrolled students for the 
                                        current school year, that the 
                                        local educational agency may 
                                        become eligible to elect to 
                                        receive special assistance 
                                        payments under clause (ii) for 
                                        a future school year if the 
                                        local educational agency 
                                        directly certifies at least 50 
                                        percent of the enrolled 
                                        students.
                                    ``(III) Local educational agency 
                                notification.--Not later than May 1 of 
                                each school year, each local 
                                educational agency shall notify--
                                            ``(aa) any school that 
                                        directly certified at least 60 
                                        percent of the enrolled 
                                        students for the current school 
                                        year, that the school is 
                                        eligible to elect to receive 
                                        special assistance payments 
                                        under clause (ii) for the next 
                                        school year and explain the 
                                        procedures for the school to 
                                        make such an election; and
                                            ``(bb) any school that 
                                        directly certified at least 50 
                                        percent of the enrolled 
                                        students for the current school 
                                        year, that the school may 
                                        become eligible to elect to 
                                        receive special assistance 
                                        payments under clause (ii) for 
                                        a future school year if the 
                                        school directly certifies at 
                                        least 60 percent of the 
                                        enrolled students.
                                    ``(IV) Procedures.--Not later than 
                                December 31, 2010, the Secretary shall 
                                establish procedures for State 
                                agencies, local educational agencies, 
                                and schools to exercise the options 
                                provided under this clause.''.
    (b) Conforming Amendments.--Section 11(a)(1)(B) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(B)) is amended 
by striking ``or (E)'' and inserting ``(E), (F), or (G)''.
                                 <all>
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