117th CONGRESS 1st Session |
To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program.
May 12, 2021
Mr. Casey (for himself, Ms. Smith, Mrs. Gillibrand, Mr. King, Mr. Van Hollen, Ms. Baldwin, and Mr. Luján) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Caregivers, Access, and Responsible Expansion for Kids Act of 2021” or the “CARE for Kids Act of 2021”.
SEC. 2. Enhancing direct certification.
Section 9(b)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended—
(1) in the matter preceding subparagraph (A), by inserting “(including any school operated by the Bureau of Indian Education)” before “may certify”; and
(A) in clause (i), by striking “or” at the end;
(i) by striking “who” and inserting “whom”; and
(ii) by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
“(iii) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child;
“(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary;
“(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or
“(vi) a child of a family that—
“(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or
“(II) receives housing or housing assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).”.
Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)) is amended—
(1) by redesignating subparagraph (C) as subparagraph (D);
(2) by inserting after subparagraph (B) the following:
“(C) ELIGIBILITY OF TRANSFERRED CHILDREN.—
“(i) DEFINITION OF COVERED CHILD.—In this subparagraph, the term ‘covered child’ means a child that—
“(I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the ‘original local educational agency’); and
“(II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the ‘new local educational agency’).
“(ii) ELIGIBILITY.—An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii).
“(iii) EXTENSION OF DURATION.—A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver—
“(I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and
“(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or
“(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law.”; and
(3) in subparagraph (D) (as so redesignated)—
(A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;
(B) in the matter preceding subclause (I) (as so redesignated), by striking “Except as” and all that follows through “(3)(H)(ii)” and inserting the following:
“(i) IN GENERAL.—Except as otherwise specified in clause (ii), subparagraph (C), subparagraphs (E) and (H)(ii) of paragraph (3)”; and
(C) by adding at the end the following:
“(ii) EXTENSION FOR CERTAIN CHILDREN.—A school food authority shall extend the eligibility determination made by a local educational agency with respect to a child for a period that is 1 year longer than the period for which that determination was authorized by the local educational agency, if the child began living with a caregiver—
“(I) in the 12-month period preceding the date on which the covered child is enrolled in the new school; and
“(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or
“(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law.”.
SEC. 4. Expanding automatic eligibility.
(a) In general.—Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended—
(1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and
(A) in subclause (I), by striking “or” at the end;
(i) by striking “who” and inserting “whom”; and
(ii) by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
“(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child;
“(IV) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary;
“(V) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or
“(VI) a child of a family that—
“(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or
“(bb) receives housing or housing assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).”.
(b) Conforming amendments.—Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended—
(1) in subparagraph (D), by striking “(iv) or (v)” and inserting “(ii), (iii), (iv), (v), or (vii)”;
(2) in subparagraph (E), by adding “or” at the end after the semicolon;
(3) by striking subparagraph (F); and
(4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately.
SEC. 5. Medicaid direct certification.
Section 9(b)(15)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(15)(A)(i)) is amended—
(A) in item (bb), by striking “(bb) who” and inserting the following:
“(BB) who”; and
(B) by striking “(I)(aa) who” and inserting the following:
“(aa)(AA) who”;
(A) by striking “regulations) with a child described in subclause (I)” and inserting “regulations)) with a child described in item (aa)”; and
(B) by striking “(II) who” and inserting the following:
“(bb) who”;
(3) in the matter preceding item (aa)(AA) (as so redesignated), by striking “The term” and inserting the following:
(4) by adding at the end the following:
“(II) OTHER CHILDREN.—The term ‘eligible child’ includes a child that receives medical assistance under the Medicaid program—
“(aa) under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act (42 U.S.C. 670 et seq.) or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or
“(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.”.