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. 
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 ‘‘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. Rus-
sell 
National 
School 
Lunch 
Act 
(42 
U.S.C. 
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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 add-
ing at the end the following: 
‘‘(16) DIRECT
CERTIFICATION
IMPROVEMENT 
GRANTS AND TECHNICAL ASSISTANCE.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) ELIGIBLE ENTITY.—The term ‘el-
igible entity’ means— 
‘‘(I) a State agency; and 
‘‘(II) a Tribal organization. 
‘‘(ii) INDIAN TRIBE.—The term ‘In-
dian Tribe’ has the meaning given the 
term ‘Indian tribe’ in section 4 of the In-
dian Self-Determination and Education 
Assistance Act (25 U.S.C. 5304). 
‘‘(iii) RATE
OF
DIRECT
CERTIFI-
CATION.—The term ‘rate of direct certifi-
cation’ means the percentage of children 
eligible for direct certification under para-
graphs (4) and (5) for a school year that 
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were directly certified under those para-
graphs for that school year. 
‘‘(iv) TRIBAL
ORGANIZATION.—The 
term ‘Tribal organization’ has the meaning 
given the term ‘tribal organization’ in sec-
tion 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 cer-
tification 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 en-
tity that receives a grant under clause (i) 
shall use the grant funds to pay costs re-
lating to improving the rate of direct cer-
tification in the State or Indian Tribe, as 
applicable, including the cost of— 
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‘‘(I) improving technology relat-
ing to direct certification; 
‘‘(II) providing technical assist-
ance to local educational agencies; 
‘‘(III) newly implementing or re-
vising 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, includ-
ing by conducting feasibility studies 
and demonstration projects under sec-
tion 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 dis-
tribution program on Indian reservations 
under section 4(b) of the Food and Nutri-
tion Act of 2008 (7 U.S.C. 2013(b))— 
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‘‘(I) in the case of a Tribal orga-
nization, if applicable, to establish a 
rate of direct certification of children 
that are members of households re-
ceiving assistance under that pro-
gram; or 
‘‘(II) to improve the rate of di-
rect certification of children that are 
members of households receiving as-
sistance 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 Sec-
retary shall provide technical assistance to as-
sist the recipients of grants under subpara-
graphs (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 
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the Treasury shall transfer to the Sec-
retary 
to 
carry 
out 
this 
paragraph 
$28,000,000, to remain available until ex-
pended. 
‘‘(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 Na-
tional School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is 
amended— 
(1) in clause (iv)— 
(A) in subclause (I)(bb)— 
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(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 as-
sistance payments under this subpara-
graph.’’; 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’’; 
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(B) in subclause (II)(aa), by inserting ‘‘, 
based on counts conducted by schools of identi-
fied 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 identi-
fied 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 En-
ergy 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. 
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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.’’. 
Æ 
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