I 
111TH CONGRESS 
1ST SESSION H. R. 4148 
To amend the Richard B. Russell National School Lunch Act to improve 
and expand direct certification procedures for the national school lunch 
and school breakfast programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2009 
Mr. LOEBSACK (for himself, Mrs. EMERSON, Mr. GRIJALVA, Mrs. DAVIS of 
California, Mr. POLIS of Colorado, Mr. MCGOVERN, Ms. CHU, Ms. 
MCCOLLUM, Ms. WOOLSEY, Mr. ANDREWS, Mr. SCOTT of Virginia, and 
Mr. AL GREEN of Texas) introduced the following bill; which was referred 
to the Committee on Education and Labor, and in addition to the Com-
mittee on Energy and Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Richard B. Russell National School Lunch 
Act to improve and expand direct certification procedures 
for the national school lunch and school breakfast pro-
grams, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hunger Free Schools 
Act’’. 
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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 NU-
TRITION 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 certifi-
cation under this paragraph are certified in 
accordance with this paragraph. 
‘‘(ii) 
REQUIREMENTS.—For 
each 
school year described in clause (i), the Sec-
retary shall— 
‘‘(I) consider State data from the 
prior school year, including estimates 
contained in the report required under 
section 4301 of the Food, Conserva-
tion, and Energy Act of 2008 (42 
U.S.C. 1758a); and 
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‘‘(II) make performance awards 
to, as determined by the Secretary— 
‘‘(aa) 5 States that dem-
onstrate 
outstanding 
perform-
ance; and 
‘‘(bb) 5 States that dem-
onstrate 
substantial 
improve-
ment. 
‘‘(iii) FUNDING.— 
‘‘(I) IN GENERAL.—On October 
1, 2010, and on each October 1 there-
after through October 1, 2012, out of 
any funds in the Treasury not other-
wise appropriated, the Secretary of 
the Treasury shall transfer to the Sec-
retary, to remain available until ex-
pended— 
‘‘(aa) $2,000,000 to carry 
out clause (ii)(II)(aa); and 
‘‘(bb) $2,000,000 to carry 
out clause (ii)(II)(bb). 
‘‘(II) RECEIPT
AND
ACCEPT-
ANCE.—The Secretary shall be enti-
tled to receive, shall accept, and shall 
use to carry out this clause the funds 
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transferred under subclause (I), with-
out further appropriation.’’. 
(b) CONTINUOUS IMPROVEMENT 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) 
CONTINUOUS
IMPROVEMENT 
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, Conserva-
tion, 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 
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plan under clause (i)(II) methods to im-
prove direct certification required under 
this paragraph or paragraph (15) and dis-
cretionary certification under paragraph 
(5). 
‘‘(iii) FAILURE
TO
MEET
PERFORM-
ANCE 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 Sec-
retary, for the approval of the Sec-
retary, a direct certification improve-
ment 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 meas-
ures; and 
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‘‘(cc) goals for the State to 
improve direct certification re-
sults.’’. 
(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 cer-
tification or eligibility for free school meals 
does not meet the requirements of clause 
(i).’’. 
SEC. 3. REPORT ON USING STATEWIDE EDUCATION DATA-
BASES 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 compli-
ance with the requirements of part A of title I of the Ele-
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mentary and Secondary Education Act of 1965 (20 U.S.C. 
6311 et seq.) can be used for purposes of direct certifi-
cation under section 9(b) of the Richard B. Russell Na-
tional 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 di-
rect 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 ex-
panded such statewide databases so that such state-
wide databases can be used for direct certification 
purposes; and 
(4) identify States with such statewide data-
bases that would be appropriate for expansion for di-
rect certification purposes. 
(c) FUNDING.— 
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(1) IN GENERAL.—On October 1, 2010, out of 
any funds in the Treasury not otherwise appro-
priated, the Secretary of the Treasury shall transfer 
to the Secretary to carry out this section $500,000, 
to remain available through September 30, 2013. 
(2) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall accept, and 
shall use to carry out this section the funds trans-
ferred under paragraph (1), without further appro-
priation. 
SEC. 4. EXPANDING DIRECT CERTIFICATION. 
(a) DIRECT CERTIFICATION FOR CHILDREN RECEIV-
ING MEDICAID OR SCHIP.—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: 
‘‘(14) DIRECT CERTIFICATION FOR CHILDREN 
RECEIVING MEDICAID OR SCHIP.— 
‘‘(A) DEFINITION OF ELIGIBLE CHILD.— 
In this paragraph, the term ‘eligible child’ 
means a child— 
‘‘(i)(I) who is eligible for and receiving 
medical assistance under the State Med-
icaid program under title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.) or 
child health assistance under the State 
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children’s health insurance program under 
title XXI of that Act (42 U.S.C. 1397aa et 
seq.); and 
‘‘(II) whose family income, as used for 
purposes of determining eligibility for the 
relevant program in subclause (I), does not 
exceed 133 percent of the poverty line (as 
defined in section 673(2) of the Commu-
nity Services Block Grant Act (42 U.S.C. 
9902(2), including any revision required by 
such section)) applicable to a family of the 
size used for purposes of determining that 
eligibility; or 
‘‘(ii) a child who is a member of a 
household (as that term is defined in sec-
tion 245.2 of title 7, Code of Federal Reg-
ulations (or successor provisions)) with a 
child described in clause (i). 
‘‘(B) AGREEMENT.—Subject to subpara-
graph (D), each State agency shall enter into 
an agreement with the State agency conducting 
eligibility determinations for the programs de-
scribed in subparagraph (A)(i). 
‘‘(C) PROCEDURES.—Subject to subpara-
graph (D) and paragraph (6), the agreement 
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shall establish procedures under which an eligi-
ble child shall be certified for free lunches 
under this Act and free breakfasts under sec-
tion 4 of the Child Nutrition Act of 1966 (42 
U.S.C. 1773), without further application (as 
defined in paragraph (4)(G)). 
‘‘(D) CERTIFICATION.—Subject to sub-
paragraph (D) and paragraph (6), under the 
agreement, the local educational agency con-
ducting eligibility determinations for a school 
lunch program under this Act and a school 
breakfast program under the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.) shall cer-
tify an eligible child as eligible for free lunches 
under this Act and free breakfasts under the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
seq.), without further application (as defined in 
paragraph (4)(G)). 
‘‘(E) APPLICABILITY.—This paragraph ap-
plies to— 
‘‘(i) in the case of the school year be-
ginning July 1, 2010, any State or local 
educational agency that elects to partici-
pate in direct certification under this para-
graph; 
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‘‘(ii) in the case of the school year be-
ginning July 1, 2011, a local educational 
agency that had an enrollment of 25,000 
students or more in the preceding school 
year; 
‘‘(iii) in the case of the school year be-
ginning July 1, 2012, a local educational 
agency that had an enrollment of 10,000 
students or more in the preceding school 
year; and 
‘‘(iv) in the case of the school year be-
ginning July 1, 2013, and each subsequent 
school year, each local educational agency. 
‘‘(F) GRANTS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall provide grants to State agencies that 
carry out child nutrition programs (as de-
fined in section 25(b)) or conduct eligibility 
determinations for the programs described 
in subparagraph (A)(i) for activities associ-
ated with implementing this paragraph, in-
cluding— 
‘‘(I) computer system upgrades; 
‘‘(II) reprogramming to allow for 
data matches; and 
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