I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘School Modernization 

5 and Efficient Access to Lunches for Students Act of 

6 2023’’ or the ‘‘School MEALS Act of 2023’’. 

7 SEC. 2. EXPANDING DIRECT CERTIFICATION. 

8 Section 9(b)(4)(F)(iii)(II)(bb) of the Richard B. Rus9 sell National School Lunch Act (42 U.S.C. 


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1 1758(b)(4)(F)(iii)(II)(bb)) is amended by inserting ‘‘in 

2 not more than 3 school years’’ after ‘‘measures’’. 

3 SEC. 3. DIRECT CERTIFICATION IMPROVEMENT GRANTS 

4 AND TECHNICAL ASSISTANCE. 

5 Section 9(b) of the Richard B. Russell National 

6 School Lunch Act (42 U.S.C. 1758(b)) is amended by add7 ing at the end the following: 

8 ‘‘(16) DIRECT CERTIFICATION IMPROVEMENT

9 GRANTS AND TECHNICAL ASSISTANCE.— 

10 ‘‘(A) DEFINITIONS.—In this paragraph: 

11 ‘‘(i) ELIGIBLE ENTITY.—The term ‘el12 igible entity’ means— 

13 ‘‘(I) a State agency; and 

14 ‘‘(II) a Tribal organization. 

15 ‘‘(ii) INDIAN TRIBE.—The term ‘In16 dian Tribe’ has the meaning given the 

17 term ‘Indian tribe’ in section 4 of the In18 dian Self-Determination and Education 

19 Assistance Act (25 U.S.C. 5304). 

20 ‘‘(iii) RATE OF DIRECT CERTIFI21 CATION.—The term ‘rate of direct certifi22 cation’ means the percentage of children 

23 eligible for direct certification under para24 graphs (4) and (5) for a school year that 


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1 were directly certified under those para2 graphs for that school year. 

3 ‘‘(iv) TRIBAL ORGANIZATION.—The 

4 term ‘Tribal organization’ has the meaning 

5 given the term ‘tribal organization’ in sec6 tion 4 of the Indian Self-Determination 

7 and Education Assistance Act (25 U.S.C. 

8 5304). 

9 ‘‘(B) GRANTS.— 

10 ‘‘(i) IN GENERAL.—The Secretary 

11 shall provide grants to eligible entities that 

12 administer the school lunch program under 

13 this Act to improve the rate of direct cer14 tification in the State in which the eligible 

15 entity is located. 

16 ‘‘(ii) PRIORITY.—In providing grants 

17 under clause (i), the Secretary shall give 

18 priority to States and Tribal organizations 

19 with the lowest rates of direct certification. 

20 ‘‘(iii) USE OF FUNDS.—An eligible en21 tity that receives a grant under clause (i) 

22 shall use the grant funds to pay costs re23 lating to improving the rate of direct cer24 tification in the State or Indian Tribe, as 

25 applicable, including the cost of— 


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1 ‘‘(I) improving technology relat2 ing to direct certification; 

3 ‘‘(II) providing technical assist4 ance to local educational agencies; 

5 ‘‘(III) newly implementing or re6 vising a direct certification system or 

7 process in the State (including at local 

8 educational agencies in the State) or 

9 Indian Tribe, including the cost of 

10 equipment; and 

11 ‘‘(IV) coordinating with multiple 

12 public benefits programs to increase 

13 the rate of direct certification, includ14 ing by conducting feasibility studies 

15 and demonstration projects under sec16 tion 18(c). 

17 ‘‘(C) FOOD DISTRIBUTION PROGRAM ON

18 INDIAN RESERVATIONS.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 shall provide grants to States and Tribal 

21 organizations administering the food dis22 tribution program on Indian reservations 

23 under section 4(b) of the Food and Nutri24 tion Act of 2008 (7 U.S.C. 2013(b))— 


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1 ‘‘(I) in the case of a Tribal orga2 nization, if applicable, to establish a 

3 rate of direct certification of children 

4 that are members of households re5 ceiving assistance under that pro6 gram; or 

7 ‘‘(II) to improve the rate of di8 rect certification of children that are 

9 members of households receiving as10 sistance under that program. 

11 ‘‘(ii) USE OF FUNDS.—A State or 

12 Tribal organization receiving a grant under 

13 this subparagraph shall use the funds to 

14 pay the costs described in subparagraph 

15 (B)(iii). 

16 ‘‘(D) TECHNICAL ASSISTANCE.—The Sec17 retary shall provide technical assistance to as18 sist the recipients of grants under subpara19 graphs (B) and (C), and other eligible entities, 

20 as appropriate, in improving the rates of direct 

21 certification. 

22 ‘‘(E) FUNDING.— 

23 ‘‘(i) IN GENERAL.—On October 1, 

24 2023, out of any funds in the Treasury not 

25 otherwise appropriated, the Secretary of 


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1 the Treasury shall transfer to the Sec2 retary to carry out this paragraph 

3 $28,000,000, to remain available until ex4 pended. 

5 ‘‘(ii) FOOD DISTRIBUTION PROGRAM

6 ON INDIAN RESERVATIONS.—Of the funds 

7 transferred to the Secretary under clause 

8 (i), the Secretary shall use not less than 

9 $2,000,000 to carry out subparagraph (C). 

10 ‘‘(iii) TECHNICAL ASSISTANCE.—Of 

11 the funds transferred to the Secretary 

12 under clause (i), the Secretary shall use 

13 not more than $3,000,000 to carry out 

14 subparagraph (D). 

15 ‘‘(iv) RECEIPT AND ACCEPTANCE.— 

16 The Secretary shall be entitled to receive, 

17 shall accept, and shall use to carry out this 

18 paragraph the funds transferred under 

19 clause (i), without further appropriation.’’. 

20 SEC. 4. ENHANCING THE COMMUNITY ELIGIBILITY OPTION. 

21 Section 11(a)(1)(F) of the Richard B. Russell Na22 tional School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is 

23 amended— 

24 (1) in clause (iv)— 

25 (A) in subclause (I)(bb)— 


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1 (i) by striking ‘‘as of April 1 of the 

2 prior school year’’ and inserting ‘‘during 

3 the period beginning on April 1 of the 

4 prior school year and ending on the last 

5 day of that school year’’; and 

6 (ii) by striking ‘‘as of April 1 of the 

7 school year prior’’ and all that follows 

8 through ‘‘subparagraph’’ and inserting 

9 ‘‘during the period beginning on April 1 of 

10 the covered school year and ending on the 

11 last day of the covered school year’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(III) DEFINITION OF COVERED

14 SCHOOL YEAR.—In this clause, the 

15 term ‘covered school year’ means the 

16 school year prior to the first school 

17 year that a school or local educational 

18 agency elected to receive special as19 sistance payments under this subpara20 graph.’’; and 

21 (2) in clause (x)— 

22 (A) in subclause (I), by striking ‘‘for the 

23 next school year if, not later than June 30 of 

24 the current school year,’’ and inserting ‘‘if’’; 


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1 (B) in subclause (II)(aa), by inserting ‘‘, 

2 based on counts conducted by schools of identi3 fied students beginning on or after April 1 of 

4 that school year,’’ after ‘‘clause (viii)’’; and 

5 (C) in subclause (IV)(aa), by inserting ‘‘, 

6 based on counts conducted by schools of identi7 fied students beginning on or after April 1 of 

8 that school year,’’ after ‘‘clause (viii)’’. 

9 SEC. 5. ENHANCING DIRECT CERTIFICATION. 

10 Section 9(b)(15)(B)(ii)(III) of the Richard B. Russell 

11 National School Lunch Act (42 U.S.C. 

12 1758(b)(15)(B)(ii)(III)) is amended by striking ‘‘10’’ and 

13 inserting ‘‘20’’. 

14 SEC. 6. STATE PERFORMANCE ON ENROLLING CHILDREN 

15 RECEIVING PROGRAM BENEFITS FOR FREE 

16 SCHOOL MEALS. 

17 Section 4301(b) of the Food, Conservation, and En18 ergy Act of 2008 (42 U.S.C. 1758a(b)) is amended— 

19 (1) in paragraph (2), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (3), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(4) in the case of a State identified under 

25 clause (ii)(I) of section 9(b)(4)(F) of the Richard B. 


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1 Russell National School Lunch Act (42 U.S.C. 

2 1758(b)(4)(F)), a description of— 

3 ‘‘(A) the technical assistance provided to 

4 the State; and 

5 ‘‘(B) the progress made by the State in 

6 implementing the measures and meeting the 

7 goals described in items (aa) through (cc) of 

8 clause (iii)(II) of that section.’’. 

Æ 


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