[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1590 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1590

 To amend the Richard B. Russell National School Lunch Act to enhance 
          direct certification under the school lunch program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2021

 Mr. Casey (for himself, Ms. Smith, Mrs. Gillibrand, Mr. King, Mr. Van 
  Hollen, Ms. Baldwin, and Mr. Lujan) 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 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,

SECTION 1. SHORT TITLE.

    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
            (2) in subparagraph (E)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii)--
                            (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.).''.

SEC. 3. EXTENDED ELIGIBILITY.

    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
                                    ``(II) who is--
                                            ``(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
                                    ``(II) who is--
                                            ``(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
            (2) in clause (vii)--
                    (A) in subclause (I), by striking ``or'' at the 
                end;
                    (B) in subclause (II)--
                            (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--
            (1) in subclause (I)--
                    (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'';
            (2) in subclause (II)--
                    (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:
                                    ``(I) In general.--The term''; and
            (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.''.
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