[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5407 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5407
To amend the Richard B. Russell National School Lunch Act to improve
direct certification, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 12, 2023
Mrs. Hayes (for herself and Ms. Omar) 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 to improve
direct certification, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Modernization and Efficient
Access to Lunches for Students Act of 2023'' or the ``School MEALS Act
of 2023''.
SEC. 2. EXPANDING DIRECT CERTIFICATION.
Section 9(b)(4)(F)(iii)(II)(bb) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(4)(F)(iii)(II)(bb)) is amended by
inserting ``in not more than 3 school years'' after ``measures''.
SEC. 3. DIRECT CERTIFICATION IMPROVEMENT GRANTS AND TECHNICAL
ASSISTANCE.
Section 9(b) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(b)) is amended by adding at the end the following:
``(16) Direct certification improvement grants and
technical assistance.--
``(A) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible
entity' means--
``(I) a State agency; and
``(II) a Tribal organization.
``(ii) Indian tribe.--The term `Indian
Tribe' has the meaning given the term `Indian
tribe' in section 4 of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5304).
``(iii) Rate of direct certification.--The
term `rate of direct certification' means the
percentage of children eligible for direct
certification under paragraphs (4) and (5) for
a school year that were directly certified
under those paragraphs for that school year.
``(iv) Tribal organization.--The term
`Tribal organization' has the meaning given the
term `tribal organization' in section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
``(B) Grants.--
``(i) In general.--The Secretary shall
provide grants to eligible entities that
administer the school lunch program under this
Act to improve the rate of direct certification
in the State in which the eligible entity is
located.
``(ii) Priority.--In providing grants under
clause (i), the Secretary shall give priority
to States and Tribal organizations with the
lowest rates of direct certification.
``(iii) Use of funds.--An eligible entity
that receives a grant under clause (i) shall
use the grant funds to pay costs relating to
improving the rate of direct certification in
the State or Indian Tribe, as applicable,
including the cost of--
``(I) improving technology relating
to direct certification;
``(II) providing technical
assistance to local educational
agencies;
``(III) newly implementing or
revising a direct certification system
or process in the State (including at
local educational agencies in the
State) or Indian Tribe, including the
cost of equipment; and
``(IV) coordinating with multiple
public benefits programs to increase
the rate of direct certification,
including by conducting feasibility
studies and demonstration projects
under section 18(c).
``(C) Food distribution program on indian
reservations.--
``(i) In general.--The Secretary shall
provide grants to States and Tribal
organizations administering the food
distribution program on Indian reservations
under section 4(b) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2013(b))--
``(I) in the case of a Tribal
organization, if applicable, to
establish a rate of direct
certification of children that are
members of households receiving
assistance under that program; or
``(II) to improve the rate of
direct certification of children that
are members of households receiving
assistance under that program.
``(ii) Use of funds.--A State or Tribal
organization receiving a grant under this
subparagraph shall use the funds to pay the
costs described in subparagraph (B)(iii).
``(D) Technical assistance.--The Secretary shall
provide technical assistance to assist the recipients
of grants under subparagraphs (B) and (C), and other
eligible entities, as appropriate, in improving the
rates of direct certification.
``(E) Funding.--
``(i) In general.--On October 1, 2023, out
of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out
this paragraph $28,000,000, to remain available
until expended.
``(ii) Food distribution program on indian
reservations.--Of the funds transferred to the
Secretary under clause (i), the Secretary shall
use not less than $2,000,000 to carry out
subparagraph (C).
``(iii) Technical assistance.--Of the funds
transferred to the Secretary under clause (i),
the Secretary shall use not more than
$3,000,000 to carry out subparagraph (D).
``(iv) Receipt and acceptance.--The
Secretary shall be entitled to receive, shall
accept, and shall use to carry out this
paragraph the funds transferred under clause
(i), without further appropriation.''.
SEC. 4. ENHANCING THE COMMUNITY ELIGIBILITY OPTION.
Section 11(a)(1)(F) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1759a(a)(1)(F)) is amended--
(1) in clause (iv)--
(A) in subclause (I)(bb)--
(i) by striking ``as of April 1 of the
prior school year'' and inserting ``during the
period beginning on April 1 of the prior school
year and ending on the last day of that school
year''; and
(ii) by striking ``as of April 1 of the
school year prior'' and all that follows
through ``subparagraph'' and inserting ``during
the period beginning on April 1 of the covered
school year and ending on the last day of the
covered school year''; and
(B) by adding at the end the following:
``(III) Definition of covered
school year.--In this clause, the term
`covered school year' means the school
year prior to the first school year
that a school or local educational
agency elected to receive special
assistance payments under this
subparagraph.''; and
(2) in clause (x)--
(A) in subclause (I), by striking ``for the next
school year if, not later than June 30 of the current
school year,'' and inserting ``if'';
(B) in subclause (II)(aa), by inserting ``, based
on counts conducted by schools of identified students
beginning on or after April 1 of that school year,''
after ``clause (viii)''; and
(C) in subclause (IV)(aa), by inserting ``, based
on counts conducted by schools of identified students
beginning on or after April 1 of that school year,''
after ``clause (viii)''.
SEC. 5. ENHANCING DIRECT CERTIFICATION.
Section 9(b)(15)(B)(ii)(III) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(15)(B)(ii)(III)) is amended by
striking ``10'' and inserting ``20''.
SEC. 6. STATE PERFORMANCE ON ENROLLING CHILDREN RECEIVING PROGRAM
BENEFITS FOR FREE SCHOOL MEALS.
Section 4301(b) of the Food, Conservation, and Energy Act of 2008
(42 U.S.C. 1758a(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in the case of a State identified under clause
(ii)(I) of section 9(b)(4)(F) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)(4)(F)), a
description of--
``(A) the technical assistance provided to the
State; and
``(B) the progress made by the State in
implementing the measures and meeting the goals
described in items (aa) through (cc) of clause
(iii)(II) of that section.''.
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