S1568-118

1. Short title; table of contents This Act may be cited as the Universal School Meals Program Act of 2023. The table of contents for this Act is as follows:

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.

101. Free school breakfast program Section 4(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(a)) is amended, in the first sentence— by striking is hereby and inserting are; and by inserting to provide free breakfast to all children enrolled at those schools before in accordance. Section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)) is amended— in paragraph (1)— in subparagraph (A)(i), by striking subclause (II) and inserting the following: the national average payment for free breakfasts, as specified in subparagraph (B). by striking subparagraph (B) and inserting the following: 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). 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. 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. On July 1, 2023, and annually thereafter, the national average payment rate for free breakfast shall be— adjusted to the nearest lower-cent increment; and based on the unrounded amounts for the preceding 12-month period. by striking subparagraphs (C) and (E); and by redesignating subparagraph (D) as subparagraph (C); by striking paragraphs (2) and (3); by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and in paragraph (3) (as so redesignated), by striking paragraph (3) or (4) and inserting paragraph (2). Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by striking subsection (c) and inserting the following: 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. 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— shall not collect any debt owed to the school for unpaid meal charges; and shall continue to accrue debt for unpaid meal charges— for the purpose of receiving reimbursement under section 212; and until the effective date specified in section 2. Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by striking subsection (d) and inserting the following: A school participating in the free breakfast program under this section shall not collect any debt owed to the school for unpaid meal charges. 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— that has a free breakfast program under section 4 or seeks to initiate a free breakfast program under that section; and 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))) Section 4(e) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)) is amended— 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 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. Effective beginning on the date of enactment of this Act, a school or school food authority— shall not— 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 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 shall provide the program meal to any child eligible under the program. Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding at the end the following: A school or school food authority shall not— physically segregate for the purpose of debt shaming or otherwise discriminate against any child participating in the free breakfast program under this section; or 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. 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.. The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended— by striking or reduced price each place it appears; by striking and reduced price each place it appears; and by striking a reduced price each place it appears. (II)the national average payment for free breakfasts, as specified in subparagraph (B).; (B)Payment amounts(i)In generalThe 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 generalThe 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)BasisEach 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)RoundingOn 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)State disbursement to schoolsFunds 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 debtA school participating in the free breakfast program under this section shall not collect any debt owed to the school for unpaid meal charges.. 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))). (f)Prohibition on breakfast shamingA 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..

201. Apportionment to States Section 4(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)) is amended— by striking paragraph (2) and inserting the following: 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). In this subparagraph, the term locally-sourced farm product means a farm product that— is marketed to consumers— directly; or through intermediated channels (such as food hubs and cooperatives); and with respect to the school food authority purchasing the farm product, is produced and distributed— in the State in which the school food authority is located; or not more than 250 miles from the location of the school food authority. 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. The additional payment amount under this subparagraph shall be— $0.30 for each free lunch and supper; $0.21 for each free breakfast; and $0.08 for each free supplement. Each additional payment amount under subclause (I) shall be adjusted annually in accordance with subparagraph (C) and rounded in accordance with subparagraph (D). The State agency shall disburse funds made available under this clause to school food authorities eligible to receive additional reimbursement. 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. 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. 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— adjusted to the nearest lower-cent increment; and based on the unrounded amounts for the preceding 12-month period. by striking paragraph (3). (2)Payment amounts(A)In generalThe 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 productIn 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 eligibilityDuring 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 generalThe 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)AdjustmentsEach additional payment amount under subclause (I) shall be adjusted annually in accordance with subparagraph (C) and rounded in accordance with subparagraph (D).(iv)DisbursementThe State agency shall disburse funds made available under this clause to school food authorities eligible to receive additional reimbursement.(C)Inflation adjustment(i)In generalThe 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)BasisEach 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)RoundingOn 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

202. Nutritional and other program requirements 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: 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. Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended— in subsection (c), in the third sentence, by striking or at a reduced cost; and in subsection (e), by striking , reduced price,. Section 28 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769i) is amended— by striking subsection (b); and by redesignating subsection (c) as subsection (b). Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended— by striking clause (i); and by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by striking paragraph (7) and inserting the following: provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the plan; 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). Section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a) is repealed. 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— shall not collect any debt owed to the school for unpaid meal charges; and shall continue to accrue debt for unpaid meal charges— for the purpose of receiving reimbursement under section 212; and until the effective date specified in section 2. 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: A school participating in the school lunch program under this Act shall not collect any debt owed to the school for unpaid meal charges. (b)EligibilityAll 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.. (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;. (d)No collection of debtA school participating in the school lunch program under this Act shall not collect any debt owed to the school for unpaid meal charges..

203. Special assistance program Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is repealed. Section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755) is amended— in subsection (a)(2), by striking sections 11 and 13 and inserting section 13; and 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. Section 7(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1756(d)) is amended by striking or 11. 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. Section 12(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(f)) is amended by striking 11,. Section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1766(a)) is amended— in paragraph (1)(A), by striking 4, 11, and 17 and inserting 4 and 17; and in paragraph (2)(A), by striking sections 4 and 11 and inserting section 4. Section 1101(j)(3) of the Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116–127) is amended— 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 by striking or reduced price.

204. Price for a paid lunch Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended— in subsection (l)(4)— by striking subparagraph (D); and by redesignating subparagraphs (E) through (M) as subparagraphs (D) through (L), respectively; by striking subsection (p); and by redesignating subsections (q) and (r) as subsections (p) and (q), respectively.

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— in subsection (a)— in paragraph (1)(A)(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))); 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))); 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))); 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 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))); in paragraph (2), by adding at the end the following: 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. All children shall be eligible to participate in the program under this section. 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 in paragraph (13)— 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 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))); in subsection (b)(2), by striking may only serve and all that follows through migrant children; by striking subsection (c) and inserting the following: Payments shall be made to service institutions for meals served— during the months of May through September; during school vacation at any time during an academic school year; during a teacher in-service day; and on days that school is closed due to a natural disaster, building repair, court order, or similar cause, as determined by the Secretary. A service institution shall receive payments under this section for not more than 3 meals and 1 supplement per child per day. in subsection (f)(3), by striking , except that and all that follows through section. (C)WaiverIf 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)EligibilityAll children shall be eligible to participate in the program under this section.; (c)Payments(1)In generalPayments 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 paymentsA service institution shall receive payments under this section for not more than 3 meals and 1 supplement per child per day.; and

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— in subsection (b)(2)(A)(i), by striking $40 and inserting $60; in subsection (c)(1)— 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))); by striking subparagraph (B); and by redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively; in subsection (f)— 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 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 in subsection (h), by striking paragraph (2) and inserting the following: 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. (2)Eligible childThe 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..

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— in subsection (a)(2), by striking subparagraph (B) and inserting the following: any other private organization providing nonresidential child care or day care outside school hours for school children; by striking subsection (c) and inserting the following: Notwithstanding any other provision of law— all meals and supplements served under the program authorized under this section shall be provided for free to participants of the program; and an institution that serves those meals and supplements shall be reimbursed— 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)); in the case of lunch, at the rate established for free lunch under section 4(b)(2)(A); and in the case of a supplemental meal, $1.20, adjusted for inflation in accordance with section 4(b)(2)(C). in subsection (f)— in paragraph (2), by striking subparagraph (B) and inserting the following: An institution may claim reimbursement under this paragraph for not more than 3 meals and 1 supplement per day per child. by striking paragraph (3); and by redesignating paragraph (4) as paragraph (3); in subsection (o)— by striking paragraph (4); and by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and in subsection (r)— in the subsection heading, by striking Program for at-risk school children and inserting Afterschool meal and snack program; by striking at-risk school each place it appears and inserting eligible; in paragraph (1)— in the paragraph heading, by striking at-risk school and inserting eligible; and in subparagraph (B), by striking operated and all that follows through the period at the end and inserting a period; and in paragraph (4)(A), by striking only for and all that follows through the period at the end and inserting the following: for— not more than 1 meal and 1 supplement per child per day served on a regular school day; and not more than 3 meals and 1 supplement per child per day served on any day other than a regular school day. (B)any other private organization providing nonresidential child care or day care outside school hours for school children;; (c)Free mealsNotwithstanding 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).; (B)Limitation to reimbursementsAn institution may claim reimbursement under this paragraph for not more than 3 meals and 1 supplement per day per child.; 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..

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— in the section heading, by striking Meal supplements and inserting Meals and supplements; in subsection (a)(1), by striking meal supplements and inserting free meals and supplements; in subsection (b), by inserting meals and before supplements; and by striking subsection (c) and inserting the following: 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). 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). 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. 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. 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. On July 1, 2023, and annually thereafter, the reimbursement rate for a free meal under this section shall be— adjusted to the nearest lower-cent increment; and based on the unrounded amounts for the preceding 12-month period. (c)Reimbursement(1)In general(A)MealsA 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)SupplementsA 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 reimbursementsAn 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 generalThe 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)BasisEach 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)RoundingOn 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..

209. Pilot projects Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended— in subsection (g)(5), by striking subparagraph (B) and inserting the following: 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))); 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))); by striking subsection (j); and by redesignating subsection (k) as subsection (j). (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)));;

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— in paragraph (1)— in the matter preceding subparagraph (A), by striking paragraph (2) of this subsection and; 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; 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 in subparagraph (D)— by striking clause (i); and by redesignating clauses (ii) through (iv) as clauses (i) through (iii), respectively; and by striking paragraphs (2) and (3) and inserting the following: 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. (2)Outreach to high-need schoolsPrior 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..

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))).

212. Reimbursement of school meal delinquent debt program In this section: The term delinquent debt means the debt owed by a parent or guardian of a child to a school— as of the effective date specified in section 2; and for meals served by the school under— the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or both of the programs described in clauses (i) and (ii). The term program means the program established under subsection (b)(1). The term Secretary means the Secretary of Agriculture. 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. 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. The Secretary shall provide all reimbursements under the program not later than 180 days after the effective date specified in section 2. 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.

213. Conforming amendments The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended— by striking or reduced price each place it appears; by striking or a reduced price each place it appears; by striking and reduced price each place it appears; and by striking a reduced price each place it appears.

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— 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 by adding at the end the following: 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— 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); distribute and collect a student survey based on the template developed under clause (iii) to identify children from low-income backgrounds; and utilize direct certification data described in clause (iv)(I) to identify children from low-income backgrounds. 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. 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. 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— 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 that shall be designed to be easily accessible and in a user-friendly manner. 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— 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; 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 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. 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: Results from surveys specified in clause (i)(II). Direct certification data specified in clause (i)(III). Utilization of both methods described in subclauses (I) and (II). (D)Identification of children from low-income backgrounds(i)In generalA 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 generalAll 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 dataOnly 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)SurveyNot 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 measuresThe 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 ruleFor 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)..

401. Supplemental nutrition assistance program Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended— by striking subsection (u); and by redesignating subsections (v) through (x) as subsections (u) through (w), respectively. Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended— in paragraph (8)(F), by striking or subsection (u); and in paragraph (26)(B), by striking (x) and inserting (w). 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: an individual eligible for benefits under this Act; (1)an individual eligible for benefits under this Act;.

402. Higher Education Act of 1965 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: 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: The percentage of students aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary. 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.). 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.). A composite of two or more of the measures described in clauses (i) through (iii). 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: provide services under this chapter to at least one grade level of students, beginning not later than 7th grade, in a participating school— that has a 7th grade; and in which— 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 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)). Section 479(d)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087ss(d)(2)) is amended— by striking subparagraph (C); and by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively. Section 894(b) of the Higher Education Act of 1965 (20 U.S.C. 1161y(b)) is amended— 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 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). (A)In generalThe 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).. (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))..

403. Elementary and Secondary Education Act of 1965 Section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)) is amended— by striking clause (i); and by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. Section 4611(d)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7261(d)(2)) is amended— by striking subparagraph (B); and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. 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: 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 (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.

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,.

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— by striking clause (iv); and by redesignating clauses (v) and (vi) as clauses (iv) and (v), respectively.

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— by striking subparagraph (A); and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.

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— in paragraph (1)(B), by striking school lunch factor and inserting economically disadvantaged students factor; and by amending paragraph (3) to read as follows: 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. (3)Economically disadvantaged students factorIn 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..

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— in paragraph (1)(B), by striking school lunch factor and inserting economically disadvantaged students factor; and by amending paragraph (3) to read as follows: 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. (3)Economically disadvantaged students factorIn 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..

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: 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.). 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. In this subsection, the term eligible juvenile detention center does not include any private, for-profit detention center. (i)Free school lunches for incarcerated juveniles(1)In generalA 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)GuidanceNot 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 definedIn this subsection, the term eligible juvenile detention center does not include any private, for-profit detention center..