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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1293 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1293

 To amend the Richard B. Russell National School Lunch Act to improve 
   automatic enrollment procedures for the national school lunch and 
           school breakfast programs, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2009

   Mr. Bennet (for himself, Mr. Brown, and Mr. Casey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
 To amend the Richard B. Russell National School Lunch Act to improve 
   automatic enrollment procedures for the national school lunch and 
           school breakfast programs, 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 ``Enhancing Child Health with 
Automatic School Meal Enrollment Act of 2009''.

SEC. 2. IMPROVING DIRECT CERTIFICATION.

    (a) Performance Awards.--Section 9(b)(4) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(b)(4)) is amended--
            (1) in the paragraph heading, by striking ``food stamp'' 
        and inserting ``supplemental nutrition assistance program''; 
        and
            (2) by adding at the end the following:
                    ``(E) Performance awards.--
                            ``(i) In general.--Effective for each of 
                        the schools years beginning July 1, 2010, July 
                        1, 2011, and July 1, 2012, the Secretary shall 
                        offer performance awards to States to encourage 
                        the States to ensure that all children eligible 
                        for direct certification under this paragraph 
                        are certified in accordance with this 
                        paragraph.
                            ``(ii) Requirements.--For each school year 
                        described in clause (i), the Secretary shall--
                                    ``(I) consider State data from the 
                                prior school year, including estimates 
                                contained in the report required under 
                                section 4301 of the Food, Conservation, 
                                and Energy Act of 2008 (42 U.S.C. 
                                1758a); and
                                    ``(II) make performance awards to, 
                                as determined by the Secretary--
                                            ``(aa) 5 States that 
                                        demonstrate outstanding 
                                        performance; and
                                            ``(bb) 5 States that 
                                        demonstrate substantial 
                                        improvement.
                            ``(iii) Funding.--
                                    ``(I) In general.--On October 1, 
                                2009, and on each October 1 thereafter 
                                through October 1, 2011, out of any 
                                funds in the Treasury not otherwise 
                                appropriated, the Secretary of the 
                                Treasury shall transfer to the 
                                Secretary, to remain available until 
                                expended--
                                            ``(aa) $2,000,000 to carry 
                                        out clause (ii)(I); and
                                            ``(bb) $2,000,000 to carry 
                                        out clause (ii)(II).
                                    ``(II) Receipt and acceptance.--The 
                                Secretary shall be entitled to receive, 
                                shall accept, and shall use to carry 
                                out this clause the funds transferred 
                                under subclause (I), without further 
                                appropriation.''.
    (b) Corrective Action Plans.--Section 9(b)(4) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by 
subsection (a)) is amended by adding at the end the following:
                    ``(F) Corrective action plans.--
                            ``(i) In general.--Each school year, the 
                        Secretary shall--
                                    ``(I) identify, using estimates 
                                contained in the report required under 
                                section 4301 of the Food, Conservation, 
                                and Energy Act of 2008 (42 U.S.C. 
                                1758a), States that directly certify 
                                less than 95 percent of the total 
                                number of children in the State who are 
                                eligible for direct certification under 
                                this paragraph; and
                                    ``(II) require the States 
                                identified under subclause (I) to 
                                implement a corrective action plan to 
                                fully meet the requirements of this 
                                paragraph.
                            ``(ii) Improving performance.--A State may 
                        include in a corrective action plan under 
                        clause (i)(II) methods to improve direct 
                        certification required under this paragraph or 
                        paragraph (15) and discretionary certification 
                        under paragraph (5).
                            ``(iii) Failure to meet performance 
                        standard.--
                                    ``(I) In general.--A State that is 
                                required to implement a corrective 
                                action plan under clause (i)(II) shall 
                                be required to submit to the Secretary, 
                                for the approval of the Secretary, a 
                                direct certification improvement plan 
                                for the following school year.
                                    ``(II) Requirements.--A direct 
                                certification improvement plan under 
                                subclause (I) shall include--
                                            ``(aa) specific measures 
                                        that the State will use to 
                                        identify more children who are 
                                        eligible for direct 
                                        certification;
                                            ``(bb) a timeline for the 
                                        State to implement those 
                                        measures; and
                                            ``(cc) goals for the State 
                                        to improve direct certification 
                                        results.''.
    (c) Without Further Application.--Section 9(b)(4) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by 
subsection (b)) is amended by adding at the end the following:
                    ``(G) Without further application.--
                            ``(i) In general.--In this paragraph, the 
                        term `without further application' means that 
                        no action is required by the household of the 
                        child.
                            ``(ii) Clarification.--A requirement that a 
                        household return a letter notifying the 
                        household of eligibility for direct 
                        certification or eligibility for free school 
                        meals does not meet the requirements of clause 
                        (i).''.

SEC. 3. REPORT ON USING STATEWIDE EDUCATION DATABASES FOR DIRECT 
              CERTIFICATION.

    (a) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Education shall prepare and submit to 
Congress a report regarding how statewide databases developed by States 
to track compliance with the requirements of part A of title I of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) 
can be used for purposes of direct certification under section 9(b) of 
the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)).
    (b) Contents.--The report described in subsection (a) shall--
            (1) identify the States that have, as of the time of the 
        report, developed statewide databases to track compliance with 
        the requirements of part A of title I of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.);
            (2) describe best practices regarding how such statewide 
        databases can be used for purposes of direct certification 
        under section 9(b) of the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1758(b));
            (3) include case studies of States that have expanded such 
        statewide databases so that such statewide databases can be 
        used for direct certification purposes; and
            (4) identify States with such statewide databases that 
        would be appropriate for expansion for direct certification 
        purposes.
    (c) Funding.--
            (1) In general.--On October 1, 2009, out of any funds in 
        the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        section $500,000, to remain available through September 30, 
        2012.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation. 
                                 <all>
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