[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3128 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3128

To amend the Richard B. Russell National School Lunch Act to ensure the 
categorical eligibility of foster children for free school lunches and 
                              breakfasts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2010

Mrs. Gillibrand 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 ensure the 
categorical eligibility of foster children for free school lunches and 
                              breakfasts.

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

SECTION 1. CATEGORICAL ELIGIBILITY OF FOSTER CHILDREN.

    (a) Discretionary 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 subparagraph (C), by striking ``or'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E)(i) a foster child whose care and placement is 
                the responsibility 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. 621 et seq.); or
                    ``(ii) a foster child who a court has placed with a 
                caretaker household.''.
    (b) Categorical Eligibility.--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) in clause (iv), by adding ``)'' before the semicolon at 
        the end;
            (2) in clause (v), by striking ``or'' at the end;
            (3) in clause (vi), by striking the period at the end and 
        inserting ``; or''; and
            (4) by adding at the end the following:
                            ``(vii)(I) a foster child whose care and 
                        placement is the responsibility 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. 621 et seq.); or
                            ``(II) a foster child who a court has 
                        placed with a caretaker household.''.
    (c) Documentation.--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 ``or'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(F)(i) documentation has been provided to the 
                appropriate local educational agency showing the status 
                of the child as a foster child whose care and placement 
                is the responsibility 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. 621 et seq.); or
                    ``(ii) documentation has been provided to the 
                appropriate local educational agency showing the status 
                of the child as a foster child who a court has placed 
                with a caretaker household.''.
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