II 111th CONGRESS 2d Session S. 3128 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.

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. .