[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2772 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2772

 To amend the Richard B. Russell National School Lunch Act to improve 
             direct certification, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2023

  Mr. Casey (for himself and Mr. Fetterman) 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 
             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. 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. 4. 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 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 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. 5. 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. 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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