Library / Laws / 113th / hr / H.R. 4249 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 4249
IN THE HOUSE OF REPRESENTATIVES
March 13, 2014
Ms. Titus (for herself, Mr. Vargas, Ms. Fudge, Mr. Huffman, Mr. Cartwright, Ms. Moore, Mr. Conyers, Mr. Polis, Ms. Clarke of New York, Ms. Clark of Massachusetts, Mr. Cárdenas, Mr. Johnson of Georgia, Mr. Deutch, and Mr. Serrano) introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to
expand and improve Federal programs to reduce child hunger.
1.
Short title
This Act may be cited as the Helping Hungry Students Learn Act.
2.
Findings
Congress makes the following findings:
(1) In 2012, nearly one in five children in America lived in a household that lacked access to
nutritious food on a regular basis. That is 15.9 million American children
who struggled with hunger at some time during the year.
(2) Children who experience hunger are more likely to get sick and are more likely to be obese than
those who do not. Children facing chronic hunger also find it more
difficult to concentrate in school and tend to exhibit higher levels of
behavioral, emotional, and academic problems.
(3) Federal programs play an important role in addressing childhood hunger. In 2013, 21 million
students participated in the free or reduced-price lunch program. Eleven
million students participated in the free or reduced-price breakfast
program. Three million low-income children received free meals during the
summer months. Forty-seven percent of participants in the supplemental
nutrition assistance program are under the age of 18.
(4) On average, students who eat school breakfast achieve 17.5 percent higher scores on standardized
math tests, and attend 1.5 more days of school each year than those who do
not. Students who attend class more regularly are 20 percent more likely
to graduate from high school. Participation in the school breakfast
program is associated with children having a lower Body Mass Index.
3.
School Lunch Program
Section 9(b) of the Richard B. Russell National School Lunch Act is amended—
(1) in paragraph (1)(A), by inserting after the third sentence the following: Notwithstanding any other provision of this Act and the Child Nutrition Act of 1966, for each
school year beginning on or after the July 1 of the year following the
year of enactment of the Helping Hungry Students Learn Act, the income
guidelines for determining eligibility for free lunches shall be 185
percent of the applicable family size income levels contained in the
nonfarm income poverty guidelines prescribed by the Office of Management
and Budget, as adjusted annually in accordance with subparagraph (B); and
(2) in paragraph (9)(B), by inserting at the end the following:
(iii)
Termination of reduced-price category
Beginning with the school year beginning July 1 of the year following the year of enactment of the
Helping Hungry Students Learn Act, no child shall be determined eligible
for a reduced price lunch.
.
4.
School Breakfast Program
(a)
Universal school breakfast program
Section 4(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(a)) is amended—
(1) by striking (a) There and inserting: (a)(1) There; and
(2) by adding at the end the following:
(2)
Universal school breakfast program
For each school year beginning on or after the July 1 of the year following the year of enactment
of the Helping Hungry Students Learn Act, each school participating in the
school breakfast program under this section shall provide breakfast under
the program to each student that desires such a breakfast at no cost to
the student.
.
(b)
National average payment rate
Section 4(b)(1)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)(1)(B)) is amended by
adding at the end the following: Notwithstanding any other provision of this Act or the Richard B. Russell National School Lunch
Act, for each school year beginning on or after the July 1 of the year
following the year of enactment of the Helping Hungry Students Learn Act,
the national average payment for each breakfast served to any child shall
be equal to the national average payment for each free breakfast served
during the school year beginning July 1 of the year of enactment of the
Helping Hungry Students Learn Act (which shall be adjusted pursuant to
section 11(a) of the Richard B. Russell National School Lunch Act)..
(c)
Severe need assistance
Section 4(d)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(d)(1)) is amended—
(1) by striking (A) during and inserting: (A)(i) during;
(2) by striking (B) in and inserting (ii) in;
(3) by striking subparagraph (A) and inserting clause (i);
(4) by striking met. and inserting met; and; and
(5) by adding at the end the following:
(B) for each school year beginning on or after the July 1 of the year following the year of enactment
of the Helping Hungry Students Learn Act, there is an alternative
breakfast serving model to increase participation in the school breakfast
program, such as by serving breakfast in the classroom or having a school
breakfast cart.
.
5.
Summer Electronic Benefits Transfer for Children program
The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by adding at
the end the following:
30.
Summer Electronic Benefits Transfer for Children program
(a)
In general
From the amount appropriated to carry out this section, the Secretary shall carry out a summer
electronic benefits transfer for children program by awarding grants to
States that desire to participate in such program to assist such States
with the initial administrative costs of such participation.
(b)
Program requirements
The summer electronic benefits transfer for children program carried out under this section shall
have the same terms and conditions as the summer electronic benefits
transfer for children demonstration project carried out under section
749(g) of the Agriculture, Rural Development, and Food and Drug
Administration, and Related Agencies Appropriations Act, 2010 (Public Law
111–80; 123 Stat. 2131), except that the Secretary shall prescribe an
annual adjustment for the monthly benefit of $60 per child that is
adjusted at the time that the annual adjustments are made for the national
average payment rates for breakfasts and lunches (pursuant to section
11(a) of this Act).
.
6.
Weekends and holidays without hunger
Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by
adding at the end the following:
(l)
Weekends and holidays without hunger
(1)
Definitions
In this subsection:
(A)
At-risk school child
The term at-risk school child has the meaning given the term in section 17(r)(1).
(B)
Eligible institution
(i)
In general
The term eligible institution means a public or private nonprofit institution that is determined by the Secretary to be able to
meet safe food storage, handling, and delivery standards established by
the Secretary.
(ii)
Inclusions
The term eligible institution includes—
(I) an elementary or secondary school or school food service authority;
(II) a food bank or food pantry;
(III) a homeless shelter; and
(IV) such other type of emergency feeding agency as is approved by the Secretary.
(2)
Establishment
Subject to the availability of appropriations provided in advance in an appropriations Act
specifically for the purpose of carrying out this subsection, the
Secretary shall establish a program under which the Secretary shall
provide commodities, on a competitive basis, to State agencies for the
purposes of enabling eligible institutions to carry out projects to
provide nutritious food to at-risk children on weekends and during
extended school holidays during the school year.
(3)
Applications
To participate in the program under this subsection, a State agency shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(4)
Eligibility
(A)
In general
To be eligible to receive commodities under this subsection, an eligible institution shall submit
an application to the State agency involved at such time, in such manner,
and containing such information as the State agency may require.
(B)
Plan
An application under subparagraph (A) shall include the plan of the eligible institution for the
distribution of nutritious foods to at-risk school children under the
project to be carried out under this subsection, including—
(i) methods of food service delivery to at-risk school children;
(ii) assurances that children receiving foods under the project will not be publicly separated or
overtly identified;
(iii) lists of the types of food to be provided under the project and provisions to ensure food quality
and safety;
(iv) information on the number of at-risk school children to be served and the per-child cost of
providing the children with food; and
(v) such other information as the Secretary determines to be necessary to assist the Secretary in
evaluating projects that receive commodities under this subsection.
(5)
Priority
In selecting applications under this subsection, a State agency shall give priority to eligible
institutions that—
(A) have on-going programs and experience serving populations with significant proportions of at-risk
school children;
(B) have a good record of experience in food delivery and food safety systems;
(C) maintain high-quality control, accountability, and recordkeeping standards;
(D) provide children with readily consumable food of high nutrient content and quality;
(E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non-Federal
sources to carry out projects; and
(F) demonstrate the ability to continue projects for the full approved term of the pilot project
period.
(6)
Guidelines
(A)
In general
The Secretary shall issue guidelines containing the criteria for eligible institutions to receive
commodities under this section from State agencies.
(B)
Inclusions
The guidelines shall, to the maximum extent practicable within the funds available and applications
submitted, take into account—
(i) geographical variations in project locations that will be carried out by eligible institutions to
include qualifying projects in rural, urban, and suburban areas with high
proportions of families with at-risk school children;
(ii) different types of projects that offer nutritious foods on weekends and during school holidays to
at-risk school children; and
(iii) institutional capacity to collect, maintain, and provide statistically valid information necessary
for the Secretary—
(I) to analyze and evaluate the results of the pilot project; and
(II) to make recommendations to Congress.
(7)
Evaluation
(A)
Interim evaluation
Not later than November 30, 2016, the Secretary shall complete an interim evaluation of the pilot
program carried out under this subsection.
(B)
Final report
Not later than December 31, 2018, the Secretary shall submit to Congress a final report that
contains—
(i) an evaluation of the pilot program carried out under this subsection; and
(ii) any recommendations of the Secretary for legislative action.
(8)
Funding
(A)
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection such sums as are necessary, to
remain available until expended.
(B)
Availability of funds
Not more than 3 percent of the funds made available under subparagraph (A) may be used by the
Secretary for expenses associated with review of the operations and
evaluation of the projects carried out under this subsection.
.