Universal School Meals Program Act of 2023

Subjects: Agriculture and Food


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1568 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1568

  To amend the Child Nutrition Act of 1966 and the Richard B. Russell 
 National School Lunch Act to make breakfasts and lunches free for all 
                   children, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2023

 Mr. Sanders (for himself, Mrs. Gillibrand, Mr. Heinrich, Ms. Hirono, 
 Mr. Padilla, Mr. Merkley, Mr. Welch, Mr. Booker, Ms. Warren, Mr. Van 
Hollen, Mr. Blumenthal, Mr. Whitehouse, Mr. Warnock, Mr. Fetterman, Mr. 
Wyden, Ms. Smith, Ms. Baldwin, and Mr. Markey) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To amend the Child Nutrition Act of 1966 and the Richard B. Russell 
 National School Lunch Act to make breakfasts and lunches free for all 
                   children, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Universal School 
Meals Program Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
                   TITLE I--SCHOOL BREAKFAST PROGRAM

Sec. 101. Free school breakfast program.
                     TITLE II--SCHOOL LUNCH PROGRAM

Sec. 201. Apportionment to States.
Sec. 202. Nutritional and other program requirements.
Sec. 203. Special assistance program.
Sec. 204. Price for a paid lunch.
Sec. 205. Summer food service program for children.
Sec. 206. Summer Electronic Benefit Transfer for Children Program.
Sec. 207. Child and adult care food program.
Sec. 208. Meals and supplements for children in afterschool care.
Sec. 209. Pilot projects.
Sec. 210. Fresh fruit and vegetable program.
Sec. 211. Training, technical assistance, and Food Service Management 
                            Institute.
Sec. 212. Reimbursement of school meal delinquent debt program.
Sec. 213. Conforming amendments.
           TITLE III--ELEMENTARY AND SECONDARY EDUCATION DATA

Sec. 301. Measure of poverty.
            TITLE IV--AMENDMENTS TO OTHER PROGRAMS AND LAWS

Sec. 401. Supplemental nutrition assistance program.
Sec. 402. Higher Education Act of 1965.
Sec. 403. Elementary and Secondary Education Act of 1965.
Sec. 404. America COMPETES Act.
Sec. 405. Workforce Innovation and Opportunity Act.
Sec. 406. National Science Foundation Authorization Act of 2002.
Sec. 407. Child care and development block grant.
Sec. 408. Children's Health Act of 2000.
Sec. 409. Juvenile justice and delinquency prevention.

SEC. 2. EFFECTIVE DATE.

    Unless otherwise provided, this Act, and the amendments made by 
this Act, shall take effect 1 year after the date of enactment of this 
Act.

                   TITLE I--SCHOOL BREAKFAST PROGRAM

SEC. 101. FREE SCHOOL BREAKFAST PROGRAM.

    (a) In General.--Section 4(a) of the Child Nutrition Act of 1966 
(42 U.S.C. 1773(a)) is amended, in the first sentence--
            (1) by striking ``is hereby'' and inserting ``are''; and
            (2) by inserting ``to provide free breakfast to all 
        children enrolled at those schools'' before ``in accordance''.
    (b) Apportionment to States.--Section 4(b) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1773(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)(i), by striking subclause 
                (II) and inserting the following:
                                    ``(II) the national average payment 
                                for free breakfasts, as specified in 
                                subparagraph (B).'';
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Payment amounts.--
                            ``(i) In general.--The national average 
                        payment for each free breakfast shall be $2.80, 
                        adjusted annually for inflation in accordance 
                        with clause (ii) and rounded in accordance with 
                        clause (iii).
                            ``(ii) Inflation adjustment.--
                                    ``(I) In general.--The annual 
                                inflation adjustment under clause (i) 
                                shall reflect changes in the cost of 
                                operating the free breakfast program 
                                under this section, as indicated by the 
                                change in the Consumer Price Index for 
                                food away from home for all urban 
                                consumers.
                                    ``(II) Basis.--Each inflation 
                                annual adjustment under clause (i) 
                                shall reflect the changes in the 
                                Consumer Price Index for food away from 
                                home for the most recent 12-month 
                                period for which that data is 
                                available.
                            ``(iii) Rounding.--On July 1, 2023, and 
                        annually thereafter, the national average 
                        payment rate for free breakfast shall be--
                                    ``(I) adjusted to the nearest 
                                lower-cent increment; and
                                    ``(II) based on the unrounded 
                                amounts for the preceding 12-month 
                                period.'';
                    (C) by striking subparagraphs (C) and (E); and
                    (D) by redesignating subparagraph (D) as 
                subparagraph (C);
            (2) by striking paragraphs (2) and (3);
            (3) by redesignating paragraphs (4) and (5) as paragraphs 
        (2) and (3), respectively; and
            (4) in paragraph (3) (as so redesignated), by striking 
        ``paragraph (3) or (4)'' and inserting ``paragraph (2)''.
    (c) State Disbursement to Schools.--Section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773) is amended by striking 
subsection (c) and inserting the following:
    ``(c) State Disbursement to Schools.--Funds apportioned and paid to 
any State for the purpose of this section shall be disbursed by the 
State educational agency to schools selected by the State educational 
agency to assist those schools in operating a breakfast program.''.
    (d) No Collection of Debt.--
            (1) In general.--Notwithstanding any other provision of the 
        Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) or any 
        other provision of law, effective beginning on the date of 
        enactment of this Act, as a condition of participation in the 
        breakfast program under section 4 of that Act (42 U.S.C. 1773), 
        a school--
                    (A) shall not collect any debt owed to the school 
                for unpaid meal charges; and
                    (B) shall continue to accrue debt for unpaid meal 
                charges--
                            (i) for the purpose of receiving 
                        reimbursement under section 212; and
                            (ii) until the effective date specified in 
                        section 2.
            (2) Child nutrition act of 1966.--
                    (A) In general.--Section 4 of the Child Nutrition 
                Act of 1966 (42 U.S.C. 1773) is amended by striking 
                subsection (d) and inserting the following:
    ``(d) No Collection of Debt.--A school participating in the free 
breakfast program under this section shall not collect any debt owed to 
the school for unpaid meal charges.''.
                    (B) Conforming amendment.--Section 23(a) of the 
                Child Nutrition Act of 1966 (42 U.S.C. 1793(a)) is 
                amended by striking ``school in severe need, as 
                described in section 4(d)(1)'' and inserting the 
                following: ``school--
            ``(1) that has a free breakfast program under section 4 or 
        seeks to initiate a free breakfast program under that section; 
        and
            ``(2) of which not less than 40 percent of the students are 
        economically disadvantaged students (as identified under a 
        measure described in section 1113(a)(5) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))''.
    (e) Nutritional and Other Program Requirements.--Section 4(e) of 
the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)) is amended--
            (1) in paragraph (1)(A), in the second sentence, by 
        striking ``free or'' and all that follows through the period at 
        the end and inserting ``free to all children enrolled at a 
        school participating in the school breakfast program.''; and
            (2) in paragraph (2), in the second sentence, by striking 
        ``the full charge to the student for a breakfast meeting the 
        requirements of this section or''.
    (f) Prohibition on Breakfast Shaming, Meal Denial.--
            (1) In general.--Effective beginning on the date of 
        enactment of this Act, a school or school food authority--
                    (A) shall not--
                            (i) physically segregate for the purpose of 
                        debt shaming or otherwise discriminate against 
                        any child participating in the breakfast 
                        program under section 4 of the Child Nutrition 
                        Act of 1966 (42 U.S.C. 1773); or
                            (ii) overtly identify a child described in 
                        clause (i) by a special token or ticket, an 
                        announced or published list of names, or any 
                        other means; and
                    (B) shall provide the program meal to any child 
                eligible under the program.
            (2) Child nutrition act of 1966.--Section 4 of the Child 
        Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding at 
        the end the following:
    ``(f) Prohibition on Breakfast Shaming.--A school or school food 
authority shall not--
            ``(1) physically segregate for the purpose of debt shaming 
        or otherwise discriminate against any child participating in 
        the free breakfast program under this section; or
            ``(2) overtly identify a child described in paragraph (1) 
        by a special token or ticket, an announced or published list of 
        names, or any other means.''.
    (g) Department of Defense Overseas Dependents' Schools.--Section 
20(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1789(b)) is amended 
by striking ``by this section'' and all that follows through the period 
at the end and inserting ``by this section.''.
    (h) Conforming Amendments.--The Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.) is amended--
            (1) by striking ``or reduced price'' each place it appears;
            (2) by striking ``and reduced price'' each place it 
        appears; and
            (3) by striking ``a reduced price'' each place it appears.

                     TITLE II--SCHOOL LUNCH PROGRAM

SEC. 201. APPORTIONMENT TO STATES.

    Section 4(b) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1753(b)) is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Payment amounts.--
                    ``(A) In general.--The national average payment for 
                each free lunch shall be $4.63, adjusted annually for 
                inflation in accordance with subparagraph (C) and 
                rounded in accordance with subparagraph (D).
                    ``(B) Additional payment for local food.--
                            ``(i) Definition of locally-sourced farm 
                        product.--In this subparagraph, the term 
                        `locally-sourced farm product' means a farm 
                        product that--
                                    ``(I) is marketed to consumers--
                                            ``(aa) directly; or
                                            ``(bb) through 
                                        intermediated channels (such as 
                                        food hubs and cooperatives); 
                                        and
                                    ``(II) with respect to the school 
                                food authority purchasing the farm 
                                product, is produced and distributed--
                                            ``(aa) in the State in 
                                        which the school food authority 
                                        is located; or
                                            ``(bb) not more than 250 
                                        miles from the location of the 
                                        school food authority.
                            ``(ii) Additional payment eligibility.--
                        During a school year, a school food authority 
                        shall receive an additional payment described 
                        in clause (iii) if the State certifies that the 
                        school food authority served meals (including 
                        breakfasts, lunches, suppers, and supplements) 
                        during the last school year of which not less 
                        than 25 percent were made with locally-sourced 
                        farm products.
                            ``(iii) Payment amount.--
                                    ``(I) In general.--The additional 
                                payment amount under this subparagraph 
                                shall be--
                                            ``(aa) $0.30 for each free 
                                        lunch and supper;
                                            ``(bb) $0.21 for each free 
                                        breakfast; and
                                            ``(cc) $0.08 for each free 
                                        supplement.
                                    ``(II) Adjustments.--Each 
                                additional payment amount under 
                                subclause (I) shall be adjusted 
                                annually in accordance with 
                                subparagraph (C) and rounded in 
                                accordance with subparagraph (D).
                            ``(iv) Disbursement.--The State agency 
                        shall disburse funds made available under this 
                        clause to school food authorities eligible to 
                        receive additional reimbursement.
                    ``(C) Inflation adjustment.--
                            ``(i) In general.--The annual inflation 
                        adjustment under subparagraphs (A) and (B)(iii) 
                        shall reflect changes in the cost of operating 
                        the free lunch program under this Act, as 
                        indicated by the change in the Consumer Price 
                        Index for food away from home for all urban 
                        consumers.
                            ``(ii) Basis.--Each annual inflation 
                        adjustment under subparagraphs (A) and (B)(iii) 
                        shall reflect the changes in the Consumer Price 
                        Index for food away from home for the most 
                        recent 12-month period for which that data is 
                        available.
                    ``(D) Rounding.--On July 1, 2023, and annually 
                thereafter, the national average payment rate for free 
                lunch and the additional payment amount for free 
                breakfast, lunch, supper, and supplement under 
                subparagraph (B) shall be--
                            ``(i) adjusted to the nearest lower-cent 
                        increment; and
                            ``(ii) based on the unrounded amounts for 
                        the preceding 12-month period.''; and
            (2) by striking paragraph (3).

SEC. 202. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS.

    (a) Elimination of Free Lunch Eligibility Requirements.--
            (1) In general.--Section 9 of the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1758) is amended by 
        striking subsection (b) and inserting the following:
    ``(b) Eligibility.--All children enrolled in a school that 
participates in the school lunch program under this Act shall be 
eligible to receive free lunch under this Act.''.
            (2) Conforming amendments.--
                    (A) Section 9 of the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1758) is amended--
                            (i) in subsection (c), in the third 
                        sentence, by striking ``or at a reduced cost''; 
                        and
                            (ii) in subsection (e), by striking ``, 
                        reduced price,''.
                    (B) Section 28 of the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1769i) is amended--
                            (i) by striking subsection (b); and
                            (ii) by redesignating subsection (c) as 
                        subsection (b).
                    (C) Section 17(d)(2)(A) of the Child Nutrition Act 
                of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended--
                            (i) by striking clause (i); and
                            (ii) by redesignating clauses (ii) and 
                        (iii) as clauses (i) and (ii), respectively.
                    (D) Section 1902(a) of the Social Security Act (42 
                U.S.C. 1396a(a)) is amended by striking paragraph (7) 
                and inserting the following:
            ``(7) provide safeguards which restrict the use or 
        disclosure of information concerning applicants and recipients 
        to purposes directly connected with the administration of the 
        plan;''.
                    (E) Section 1154(a)(2)(A)(i) of title 10, United 
                States Code, is amended by striking ``in accordance 
                with section 9(b)(1) of the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1758(b)(1)''.
                    (F) Section 4301 of the Food, Conservation, and 
                Energy Act of 2008 (42 U.S.C. 1758a) is repealed.
    (b) No Collection of Debt.--
            (1) In general.--Notwithstanding any other provision of the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 
        seq.) or any other provision of law, effective beginning on the 
        date of enactment of this Act, as a condition of participation 
        in the school lunch program under that Act, a school--
                    (A) shall not collect any debt owed to the school 
                for unpaid meal charges; and
                    (B) shall continue to accrue debt for unpaid meal 
                charges--
                            (i) for the purpose of receiving 
                        reimbursement under section 212; and
                            (ii) until the effective date specified in 
                        section 2.
            (2) National school lunch act.--Section 9 of the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1758) is amended 
        by striking subsection (d) and inserting the following:
    ``(d) No Collection of Debt.--A school participating in the school 
lunch program under this Act shall not collect any debt owed to the 
school for unpaid meal charges.''.

SEC. 203. SPECIAL ASSISTANCE PROGRAM.

    (a) In General.--Section 11 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1759a) is repealed.
    (b) Conforming Amendments.--
            (1) Section 6 of the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1755) is amended--
                    (A) in subsection (a)(2), by striking ``sections 11 
                and 13'' and inserting ``section 13''; and
                    (B) in subsection (e)(1), in the matter preceding 
                subparagraph (A), by striking ``section 4, this 
                section, and section 11'' and inserting ``this section 
                and section 4''.
            (2) Section 7(d) of the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1756(d)) is amended by striking ``or 11''.
            (3) Section 8(g) of the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1757(g)) is amended by striking ``and 
        under section 11 of this Act''.
            (4) Section 12(f) of the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1760(f)) is amended by striking ``11,''.
            (5) Section 7(a) of the Child Nutrition Act of 1966 (42 
        U.S.C. 1766(a)) is amended--
                    (A) in paragraph (1)(A), by striking ``4, 11, and 
                17'' and inserting ``4 and 17''; and
                    (B) in paragraph (2)(A), by striking ``sections 4 
                and 11'' and inserting ``section 4''.
            (6) Section 1101(j)(3) of the Families First Coronavirus 
        Response Act (7 U.S.C. 2011 note; Public Law 116-127) is 
        amended--
                    (A) by striking ``or served under section 11(a)(1) 
                of the Richard B. Russell National School Lunch Act (42 
                U.S.C. 1760(d), 1759(a)(1))'' and inserting ``of the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1760(d))''; and
                    (B) by striking ``or reduced price''.

SEC. 204. PRICE FOR A PAID LUNCH.

    Section 12 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760) is amended--
            (1) in subsection (l)(4)--
                    (A) by striking subparagraph (D); and
                    (B) by redesignating subparagraphs (E) through (M) 
                as subparagraphs (D) through (L), respectively;
            (2) by striking subsection (p); and
            (3) by redesignating subsections (q) and (r) as subsections 
        (p) and (q), respectively.

SEC. 205. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.

    Section 13 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1761) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(A)(i)--
                            (i) in subclause (I), by striking ``have 
                        been determined eligible for free or reduced 
                        price school meals under this Act and the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1771 et 
                        seq.)'' and inserting ``are economically 
                        disadvantaged students (as identified under a 
                        measure described in section 1113(a)(5) of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6313(a)(5)))'';
                            (ii) in subclause (II), by striking ``are 
                        eligible for free or reduced price school meals 
                        under this Act and the Child Nutrition Act of 
                        1966 (42 U.S.C. 1771 et seq.)'' and inserting 
                        ``are economically disadvantaged students (as 
                        identified under a measure described in section 
                        1113(a)(5) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 
                        6313(a)(5)))'';
                            (iii) in subclause (III)(bb), by striking 
                        ``meet the income standards for free or reduced 
                        price school meals under this Act and the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1771 et 
                        seq.)'' and inserting ``are economically 
                        disadvantaged students (as identified under a 
                        measure described in section 1113(a)(5) of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6313(a)(5)))'';
                            (iv) in subclause (IV), by striking ``are 
                        eligible for free or reduced price school meals 
                        under this Act and the Child Nutrition Act of 
                        1966 (42 U.S.C. 1771 et seq.)'' and inserting 
                        ``are economically disadvantaged students (as 
                        identified under a measure described in section 
                        1113(a)(5) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 
                        6313(a)(5)))''; and
                            (v) in subclause (V), by striking ``are 
                        eligible for free or reduced price school meals 
                        under this Act and the Child Nutrition Act of 
                        1966 (42 U.S.C. 1771 et seq.)'' and inserting 
                        ``are economically disadvantaged students (as 
                        identified under a measure described in section 
                        1113(a)(5) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 
                        6313(a)(5)))'';
                    (B) in paragraph (2), by adding at the end the 
                following:
                    ``(C) Waiver.--If the Secretary determines that a 
                program requirement under this section limits the 
                access of children to meals served under this section, 
                the Secretary may waive that program requirement.
                    ``(D) Eligibility.--All children shall be eligible 
                to participate in the program under this section.'';
                    (C) in paragraph (5), by striking ``only for'' and 
                all that follows through the period at the end and 
                inserting ``for meals served to all children.''; and
                    (D) in paragraph (13)--
                            (i) in subparagraph (C)(ii), by striking 
                        ``eligible for a free or reduced price lunch 
                        under this Act or a free or reduced price 
                        breakfast under section 4 of the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1773)'' and 
                        inserting ``an economically disadvantaged 
                        student (as identified under a measure 
                        described in section 1113(a)(5) of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6313(a)(5)))''; and
                            (ii) in subparagraph (D)(ii), by striking 
                        ``eligible for free or reduced price lunch 
                        under this Act or free or reduced price 
                        breakfast under section 4 of the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1773)'' and 
                        inserting ``economically disadvantaged students 
                        (as identified under a measure described in 
                        section 1113(a)(5) of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        6313(a)(5)))'';
            (2) in subsection (b)(2), by striking ``may only serve'' 
        and all that follows through ``migrant children'';
            (3) by striking subsection (c) and inserting the following:
    ``(c) Payments.--
            ``(1) In general.--Payments shall be made to service 
        institutions for meals served--
                    ``(A) during the months of May through September;
                    ``(B) during school vacation at any time during an 
                academic school year;
                    ``(C) during a teacher in-service day; and
                    ``(D) on days that school is closed due to a 
                natural disaster, building repair, court order, or 
                similar cause, as determined by the Secretary.
            ``(2) Limitation on payments.--A service institution shall 
        receive payments under this section for not more than 3 meals 
        and 1 supplement per child per day.''; and
            (4) in subsection (f)(3), by striking ``, except that'' and 
        all that follows through ``section''.

SEC. 206. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.

    Section 13A of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1762) is amended--
            (1) in subsection (b)(2)(A)(i), by striking ``$40'' and 
        inserting ``$60'';
            (2) in subsection (c)(1)--
                    (A) in subparagraph (A), by striking ``directly 
                certified'' and all that follows through ``this 
                section'' and inserting ``an economically disadvantaged 
                student (as identified under a measure described in 
                section 1113(a)(5) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6313(a)(5)))'';
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraphs (C) through (E) 
                as subparagraphs (B) through (D), respectively;
            (3) in subsection (f)--
                    (A) in paragraph (3), in the matter preceding 
                subparagraph (A), by striking ``processes--'' and all 
                that follows through ``to reliably'' in subparagraph 
                (B) and inserting ``processes to reliably''; and
                    (B) in paragraph (4), in the matter preceding 
                subparagraph (A), by striking ``by--'' and all that 
                follows through ``establishing'' in subparagraph (B) 
                and inserting ``by establishing''; and
            (4) in subsection (h), by striking paragraph (2) and 
        inserting the following:
            ``(2) Eligible child.--The term `eligible child' means any 
        child residing in a State or on land under the jurisdiction of 
        a covered Indian Tribal organization that participates in the 
        program established under this section.''.

SEC. 207. CHILD AND ADULT CARE FOOD PROGRAM.

    Section 17 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1766) is amended--
            (1) in subsection (a)(2), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) any other private organization providing 
                nonresidential child care or day care outside school 
                hours for school children;'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Free Meals.--Notwithstanding any other provision of law--
            ``(1) all meals and supplements served under the program 
        authorized under this section shall be provided for free to 
        participants of the program; and
            ``(2) an institution that serves those meals and 
        supplements shall be reimbursed--
                    ``(A) in the case of breakfast, at the rate 
                established for free breakfast under section 
                4(b)(1)(B)(i) of the Child Nutrition Act of 1966 (42 
                U.S.C. 1773(b)(1)(B)(i));
                    ``(B) in the case of lunch, at the rate established 
                for free lunch under section 4(b)(2)(A); and
                    ``(C) in the case of a supplemental meal, $1.20, 
                adjusted for inflation in accordance with section 
                4(b)(2)(C).'';
            (3) in subsection (f)--
                    (A) in paragraph (2), by striking subparagraph (B) 
                and inserting the following:
                    ``(B) Limitation to reimbursements.--An institution 
                may claim reimbursement under this paragraph for not 
                more than 3 meals and 1 supplement per day per 
                child.'';
                    (B) by striking paragraph (3); and
                    (C) by redesignating paragraph (4) as paragraph 
                (3);
            (4) in subsection (o)--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (4) and (5), respectively; and
            (5) in subsection (r)--
                    (A) in the subsection heading, by striking 
                ``Program for At-risk School Children'' and inserting 
                ``Afterschool Meal and Snack Program'';
                    (B) by striking ``at-risk school'' each place it 
                appears and inserting ``eligible'';
                    (C) in paragraph (1)--
                            (i) in the paragraph heading, by striking 
                        ``at-risk school'' and inserting ``eligible''; 
                        and
                            (ii) in subparagraph (B), by striking 
                        ``operated'' and all that follows through the 
                        period at the end and inserting a period; and
                    (D) in paragraph (4)(A), by striking ``only for'' 
                and all that follows through the period at the end and 
                inserting the following: ``for--
                            ``(i) not more than 1 meal and 1 supplement 
                        per child per day served on a regular school 
                        day; and
                            ``(ii) not more than 3 meals and 1 
                        supplement per child per day served on any day 
                        other than a regular school day.''.

SEC. 208. MEALS AND SUPPLEMENTS FOR CHILDREN IN AFTERSCHOOL CARE.

    Section 17A of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1766a) is amended--
            (1) in the section heading, by striking ``meal 
        supplements'' and inserting ``meals and supplements'';
            (2) in subsection (a)(1), by striking ``meal supplements'' 
        and inserting ``free meals and supplements'';
            (3) in subsection (b), by inserting ``meals and'' before 
        ``supplements''; and
            (4) by striking subsection (c) and inserting the following:
    ``(c) Reimbursement.--
            ``(1) In general.--
                    ``(A) Meals.--A free meal provided under this 
                section to a child shall be reimbursed at a rate of 
                $4.63, adjusted annually for inflation in accordance 
                with paragraph (3)(A) and rounded in accordance with 
                paragraph (3)(B).
                    ``(B) Supplements.--A free supplement provided 
                under this section to a child shall be reimbursed at 
                the rate at which free supplements are reimbursed under 
                section 17(c)(2)(C).
            ``(2) Limitation to reimbursements.--An institution may 
        claim reimbursement under this section for not more than 1 meal 
        and 1 supplement per day per child served on a regular school 
        day.
            ``(3) Inflation; rounding.--
                    ``(A) Inflation adjustment.--
                            ``(i) In general.--The annual inflation 
                        adjustment under paragraph (1)(A) shall reflect 
                        changes in the cost of operating the program 
                        under this section, as indicated by the change 
                        in the Consumer Price Index for food away from 
                        home for all urban consumers.
                            ``(ii) Basis.--Each inflation annual 
                        adjustment under paragraph (1)(A) shall reflect 
                        the changes in the Consumer Price Index for 
                        food away from home for the most recent 12-
                        month period for which that data is available.
                    ``(B) Rounding.--On July 1, 2023, and annually 
                thereafter, the reimbursement rate for a free meal 
                under this section shall be--
                            ``(i) adjusted to the nearest lower-cent 
                        increment; and
                            ``(ii) based on the unrounded amounts for 
                        the preceding 12-month period.''.

SEC. 209. PILOT PROJECTS.

    Section 18 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769) is amended--
            (1) in subsection (g)(5), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) serve a high proportion of economically 
                disadvantaged students (as identified under a measure 
                described in section 1113(a)(5) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6313(a)(5)));'';
            (2) in subsection (h)(1)(A)(ii), by striking ``eligible for 
        free or reduced price meals under this Act'' and inserting 
        ``economically disadvantaged students (as identified under a 
        measure described in section 1113(a)(5) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))'';
            (3) by striking subsection (j); and
            (4) by redesignating subsection (k) as subsection (j).

SEC. 210. FRESH FRUIT AND VEGETABLE PROGRAM.

    Section 19(d) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769a(d)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``paragraph (2) of this subsection and'';
                    (B) in subparagraph (A), in the matter preceding 
                clause (i), by striking ``school--'' and all that 
                follows through ``submits'' in clause (ii) and 
                inserting ``school that submits'';
                    (C) in subparagraph (B), by striking ``schools'' 
                and all that follows through ``Act'' and inserting 
                ``high-need schools (as defined in section 2211(b) of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6631(b)))''; and
                    (D) in subparagraph (D)--
                            (i) by striking clause (i); and
                            (ii) by redesignating clauses (ii) through 
                        (iv) as clauses (i) through (iii), 
                        respectively; and
            (2) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Outreach to high-need schools.--Prior to making 
        decisions regarding school participation in the program, a 
        State agency shall inform high-need schools (as defined in 
        section 2211(b) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6631(b))), including Tribal schools, of the 
        eligibility of the schools for the program.''.

SEC. 211. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE MANAGEMENT 
              INSTITUTE.

    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 in the matter preceding 
clause (i) by striking ``certified to receive free or reduced price 
meals'' and inserting ``who are economically disadvantaged students (as 
identified under a measure described in section 1113(a)(5) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6313(a)(5)))''.

SEC. 212. REIMBURSEMENT OF SCHOOL MEAL DELINQUENT DEBT PROGRAM.

    (a) Definitions.--In this section:
            (1) Delinquent debt.--The term ``delinquent debt'' means 
        the debt owed by a parent or guardian of a child to a school--
                    (A) as of the effective date specified in section 
                2; and
                    (B) for meals served by the school under--
                            (i) the school breakfast program under 
                        section 4 of the Child Nutrition Act of 1966 
                        (42 U.S.C. 1773);
                            (ii) the school lunch program established 
                        under the Richard B. Russell National School 
                        Lunch Act (42 U.S.C. 1751 et seq.); or
                            (iii) both of the programs described in 
                        clauses (i) and (ii).
            (2) Program.--The term ``program'' means the program 
        established under subsection (b)(1).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Reimbursement Program.--
            (1) Establishment.--Not later than 60 days after the 
        effective date specified in section 2, the Secretary shall 
        establish a program under which the Secretary shall reimburse 
        each school participating in a program described in clause (i) 
        or (ii) of subsection (a)(1)(B) for all delinquent debt.
            (2) Form for reimbursement.--To carry out the program, the 
        Secretary shall design and distribute a form to State agencies 
        to collect data on all delinquent debt in applicable schools in 
        the State, grouped by school food authority.
            (3) Completion date.--The Secretary shall provide all 
        reimbursements under the program not later than 180 days after 
        the effective date specified in section 2.
    (c) Report.--Not later than 2 years after the effective date 
specified in section 2, the Comptroller General of the United States 
shall submit to Congress and make publicly available a report that 
describes the successes and challenges of the program.

SEC. 213. CONFORMING AMENDMENTS.

    The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 
seq.) is amended--
            (1) by striking ``or reduced price'' each place it appears;
            (2) by striking ``or a reduced price'' each place it 
        appears;
            (3) by striking ``and reduced price'' each place it 
        appears; and
            (4) by striking ``a reduced price'' each place it appears.

           TITLE III--ELEMENTARY AND SECONDARY EDUCATION DATA

SEC. 301. MEASURE OF POVERTY.

    Section 1113(a)(5) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6313(a)(5)) is amended--
            (1) in subparagraph (A), by striking ``the number of 
        children eligible for a free or reduced price lunch under the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 
        seq.)'' and inserting ``the number of children from low-income 
        backgrounds, identified under subparagraph (D)''; and
            (2) by adding at the end the following:
                    ``(D) Identification of children from low-income 
                backgrounds.--
                            ``(i) In general.--A local educational 
                        agency or State agency, for the purpose of 
                        identifying children from low-income 
                        backgrounds enrolled in a school served by a 
                        local educational agency, may--
                                    ``(I) maintain a record, with 
                                respect to each student for whom the 
                                local educational agency provides a 
                                free public education that contains the 
                                information collected from the survey 
                                described in clause (iii);
                                    ``(II) distribute and collect a 
                                student survey based on the template 
                                developed under clause (iii) to 
                                identify children from low-income 
                                backgrounds; and
                                    ``(III) utilize direct 
                                certification data described in clause 
                                (iv)(I) to identify children from low-
                                income backgrounds.
                            ``(ii) Privacy.--
                                    ``(I) In general.--All individual 
                                data collected under this subparagraph 
                                shall be protected by the local 
                                educational agency or State agency in a 
                                manner consistent with all applicable 
                                local, State, and Federal privacy laws.
                                    ``(II) Reporting data.--Only 
                                aggregated data, which may include data 
                                disaggregated at the school, local 
                                educational agency, or State level, 
                                shall be reported to the Secretary at 
                                such time and in such manner as the 
                                Secretary may reasonably require.
                            ``(iii) Survey.--Not later than 180 days 
                        after the date of enactment of the Universal 
                        School Meals Program Act of 2023, the 
                        Secretary, in consultation with the Secretary 
                        of Agriculture, shall develop a template 
                        survey--
                                    ``(I) to identify children from 
                                low-income backgrounds that contains 
                                only the information necessary to 
                                identify a child as a child from a low-
                                income background by using the criteria 
                                of eligibility for a free or reduced 
                                priced lunch under the Richard B. 
                                Russell National School Lunch Act, as 
                                such criteria were in effect on 
                                September 30, 2022; and
                                    ``(II) that shall be designed to be 
                                easily accessible and in a user-
                                friendly manner.
                            ``(iv) Transition authority from frpl to 
                        esea measures.--The Secretary, in coordination 
                        with the Secretary of Agriculture, shall have 
                        the authority to take such steps as are 
                        necessary to provide for the orderly transition 
                        to, and implementation of--
                                    ``(I) activities that are necessary 
                                for the continuity of direct 
                                certification carried out by local 
                                educational agencies and State agencies 
                                specified in paragraphs (4), (5), and 
                                (15) section 9(b) of the Richard B. 
                                Russell National School Lunch Act, as 
                                in effect on September 30, 2022, for 
                                the purposes of identifying any child 
                                eligible for free or reduced priced 
                                lunch under such Act, as in effect on 
                                such date, as a child from a low-income 
                                background;
                                    ``(II) procedures for verification 
                                of information collected under this 
                                subparagraph, which may include 
                                procedures modeled on the requirement 
                                specified in section 9(b)(3) of the 
                                Richard B. Russell National School 
                                Lunch Act, as in effect on September 
                                30, 2022; and
                                    ``(III) data privacy provisions for 
                                information collected under this 
                                subparagraph, in accordance with the 
                                requirements specified in section 
                                9(b)(6) of the Richard B. Russell 
                                National School Lunch Act, as in effect 
                                on September 30, 2022.
                            ``(v) Special rule.--For the purposes of 
                        subparagraph (A), a local educational agency 
                        may determine the number of children from low-
                        income backgrounds enrolled in a school served 
                        by such agency using one or more of the 
                        following methods:
                                    ``(I) Results from surveys 
                                specified in clause (i)(II).
                                    ``(II) Direct certification data 
                                specified in clause (i)(III).
                                    ``(III) Utilization of both methods 
                                described in subclauses (I) and 
                                (II).''.

            TITLE IV--AMENDMENTS TO OTHER PROGRAMS AND LAWS

SEC. 401. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

    (a) Agreement for Direct Certification.--
            (1) In general.--Section 11 of the Food and Nutrition Act 
        of 2008 (7 U.S.C. 2020) is amended--
                    (A) by striking subsection (u); and
                    (B) by redesignating subsections (v) through (x) as 
                subsections (u) through (w), respectively.
            (2) Conforming amendments.--Section 11(e) of the Food and 
        Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended--
                    (A) in paragraph (8)(F), by striking ``or 
                subsection (u)''; and
                    (B) in paragraph (26)(B), by striking ``(x)'' and 
                inserting ``(w)''.
    (b) Nutrition Education and Obesity Prevention Grant Program.--
Section 28(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a(a)) 
is amended by striking paragraph (1) and inserting the following:
            ``(1) an individual eligible for benefits under this 
        Act;''.

SEC. 402. HIGHER EDUCATION ACT OF 1965.

    (a) Teacher Quality Enhancement.--Subparagraph (A) of section 
200(11) of the Higher Education Act of 1965 (20 U.S.C. 1021(11)) is 
amended to read as follows:
                    ``(A) In general.--The term `high-need school' 
                means a school that is in the highest quartile of 
                schools in a ranking of all schools served by a local 
                educational agency, ranked in descending order by 
                percentage of students from low-income families 
                enrolled in such schools, as determined by the local 
                educational agency based on one of the following 
                measures of poverty:
                            ``(i) The percentage of students aged 5 
                        through 17 in poverty counted in the most 
                        recent census data approved by the Secretary.
                            ``(ii) The percentage of students in 
                        families receiving assistance under the State 
                        program funded under the program of block 
                        grants to States for temporary assistance for 
                        needy families established under part A of 
                        title IV of the Social Security Act (42 U.S.C. 
                        601 et seq.).
                            ``(iii) The percentage of students eligible 
                        to receive medical assistance under the program 
                        of medical assistance established under title 
                        XIX of the Social Security Act (42 U.S.C. 1396 
                        et seq.).
                            ``(iv) A composite of two or more of the 
                        measures described in clauses (i) through 
                        (iii).''.
    (b) GEAR Up.--Subparagraph (A) of section 404B(d)(1) of the Higher 
Education Act of 1965 (20 U.S.C. 1070a-22(d)(1)) is amended to read as 
follows:
                    ``(A) provide services under this chapter to at 
                least one grade level of students, beginning not later 
                than 7th grade, in a participating school--
                            ``(i) that has a 7th grade; and
                            ``(ii) in which--
                                    ``(I) at least 50 percent of the 
                                students enrolled are economically 
                                disadvantaged students (as identified 
                                under a measure described in section 
                                1113(a)(5) of the Elementary and 
                                Secondary Education Act of 1965); or
                                    ``(II) if an eligible entity 
                                determines that it would promote the 
                                effectiveness of a program, an entire 
                                grade level of students, beginning not 
                                later than the 7th grade, reside in 
                                public housing, as defined in section 
                                3(b)(1) of the United States Housing 
                                Act of 1937 (42 U.S.C. 1437a(b)(1)).''.
    (c) Simplified Needs Test.--Section 479(d)(2) of the Higher 
Education Act of 1965 (20 U.S.C. 1087ss(d)(2)) is amended--
            (1) by striking subparagraph (C); and
            (2) by redesignating subparagraphs (D) through (F) as 
        subparagraphs (C) through (E), respectively.
    (d) Early Federal Pell Grant Commitment Demonstration Program.--
Section 894(b) of the Higher Education Act of 1965 (20 U.S.C. 1161y(b)) 
is amended--
            (1) in paragraph (1)(B), by striking ``qualify for a free 
        or reduced price school lunch under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child 
        Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)'' and inserting 
        ``are economically disadvantaged students (as identified under 
        a measure described in section 1113(a)(5) of the Elementary and 
        Secondary Education Act of 1965)''; and
            (2) in paragraph (5), by striking ``eligible for a free or 
        reduced price school lunch under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child 
        Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)'' and inserting 
        ``economically disadvantaged students (as identified under a 
        measure described in section 1113(a)(5) of the Elementary and 
        Secondary Education Act of 1965)''.

SEC. 403. ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.

    (a) Literacy Education for All.--Section 2221(b)(3)(B) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6641(b)(3)(B)) is amended--
            (1) by striking clause (i); and
            (2) by redesignating clauses (ii) and (iii) as clauses (i) 
        and (ii), respectively.
    (b) Grants for Education Innovation and Research.--Section 
4611(d)(2) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7261(d)(2)) is amended--
            (1) by striking subparagraph (B); and
            (2) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively.
    (c) Eligibility for Heavily Impacted Local Educational Agencies.--
Item (bb) of section 7003(b)(2)(B)(i)(III) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) is 
amended to read as follows:
                                            ``(bb) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) that 
                                        constitutes a percentage of the 
                                        total student enrollment of the 
                                        agency that is not less than 30 
                                        percent; and''.

SEC. 404. AMERICA COMPETES ACT.

    Section 6122(3) of the America COMPETES Act (20 U.S.C. 9832(3)) is 
amended by striking ``data on children eligible for free or reduced-
price lunches under the Richard B. Russell National School Lunch 
Act,''.

SEC. 405. WORKFORCE INNOVATION AND OPPORTUNITY ACT.

    Section 3(36)(A) of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102(36)(A)) is amended--
            (1) by striking clause (iv); and
            (2) by redesignating clauses (v) and (vi) as clauses (iv) 
        and (v), respectively.

SEC. 406. NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 2002.

    Section 4(8) of the National Science Foundation Authorization Act 
of 2002 (42 U.S.C. 1862n note; Public Law 107-368) is amended--
            (1) by striking subparagraph (A); and
            (2) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (A) and (B), respectively.

SEC. 407. CHILD CARE AND DEVELOPMENT BLOCK GRANT.

    Section 658O(b) of the Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858m(b)) is amended--
            (1) in paragraph (1)(B), by striking ``school lunch 
        factor'' and inserting ``economically disadvantaged students 
        factor''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) Economically disadvantaged students factor.--In this 
        subsection, the term `economically disadvantaged students 
        factor' means the ratio of the number of children in the State 
        who are economically disadvantaged students (as identified 
        under a measure described in section 1113(a)(5) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6313(a)(5))) to the number of such children in all the States 
        as determined annually by the Secretary of Education.''.

SEC. 408. CHILDREN'S HEALTH ACT OF 2000.

    Section 1404(b) of the Children's Health Act of 2000 (42 U.S.C. 
9859c(b)) is amended--
            (1) in paragraph (1)(B), by striking ``school lunch 
        factor'' and inserting ``economically disadvantaged students 
        factor''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) Economically disadvantaged students factor.--In this 
        subsection, the term `economically disadvantaged students 
        factor' means the ratio of the number of children in the State 
        who are economically disadvantaged students (as identified 
        under a measure described in section 1113(a)(5) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6313(a)(5))) to the number of such children in all the States 
        as determined annually by the Secretary of Education.''.

SEC. 409. JUVENILE JUSTICE AND DELINQUENCY PREVENTION.

    Section 252(i) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (34 U.S.C. 11162(i)) is amended to read as follows:
    ``(i) Free School Lunches for Incarcerated Juveniles.--
            ``(1) In general.--A juvenile who is incarcerated in an 
        eligible juvenile detention center is eligible to receive free 
        lunch under the Richard B. Russell National School Lunch Act 
        (42 U.S.C. 1751 et seq.).
            ``(2) Guidance.--Not later than 1 year after the date of 
        the enactment of the Universal School Meals Program Act of 
        2023, the Attorney General, in consultation with the Secretary 
        of Agriculture, shall provide guidance to States relating to 
        the options for school food authorities in the States to apply 
        for reimbursement for free lunches under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.) for 
        juveniles who are incarcerated.
            ``(3) Eligible juvenile detention center defined.--In this 
        subsection, the term `eligible juvenile detention center' does 
        not include any private, for-profit detention center.''.
                                 &lt;all&gt;
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