Pub. L. 108-265, tit. I, sec. 124
FREE LUNCH AND BREAKFAST ELIGIBILITY.
SEC. 124. FREE LUNCH AND BREAKFAST ELIGIBILITY. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) (as amended by section 123) is amended by adding at the end the following: “(k) Free Lunch and Breakfast Eligibility.—“(1) In general.—Subject to the availability of funds under paragraph (4), the Secretary shall expand the service of free lunches and breakfasts provided at schools participating in the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) in all or part of 5 States selected by the Secretary (of which at least 1 shall be a largely rural State with a significant Native American population).“(2) Income eligibility.—The income guidelines for determining eligibility for free lunches or breakfasts under this subsection 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 section 9(b)(1)(B).“(3) Evaluation.—118 STAT. 761“(A) In general.—Not later than 3 years after the implementation of this subsection, the Secretary shall conduct an evaluation to assess the impact of the changed income eligibility guidelines by comparing the school food authorities operating under this subsection to school food authorities not operating under this subsection.“(B) Impact assessment.—“(i) Children.—The evaluation shall assess the impact of this subsection separately on—“(I) children in households with incomes less than 130 percent of the applicable family income levels contained in the nonfarm poverty income guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with section 9(b)(1)(B); and“(II) children in households with incomes greater than 130 percent and not greater than 185 percent of the applicable family income levels contained in the nonfarm poverty income guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with section 9(b)(1)(B).“(ii) Factors.—The evaluation shall assess the impact of this subsection on—“(I) certification and participation rates in the school lunch and breakfast programs;“(II) rates of lunch- and breakfast-skipping;“(III) academic achievement; “(IV) the allocation of funds authorized in title I of the Elementary and Secondary Education Act (20 U.S.C. 6301) to local educational agencies and public schools; and“(V) other factors determined by the Secretary.“(C) Cost assessment.—The evaluation shall assess the increased costs associated with providing additional free, reduced price, or paid meals in the school food authorities operating under this subsection.“(D) Report.—On completion of the evaluation, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the evaluation under this paragraph.“(4) Authorization of appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended.”.