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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5240 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5240
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
September 25, 2024
Mr. Casey (for himself, Mr. Fetterman, Mr. King, Mr. Van Hollen, Ms.
Smith, Ms. Baldwin, Mrs. Murray, and 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 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 2024'' or the ``CARE for Kids Act of 2024''.
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'';
(2) in subparagraph (B), by inserting a closing parenthesis
before the semicolon at the end; and
(3) 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) during 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 a grandparent or
other relative and--
``(aa) 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) 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) during the 12-month period
preceding the date on which the covered
child is enrolled in the new school;
and
``(II) who is a grandparent or
other relative and--
``(aa) 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) 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)--
(i) by striking ``9902(2)'' and inserting
``9902(2))''; and
(ii) by striking ``(bb) who is'' and
inserting the following:
``(BB) is''; and
(B) by striking ``(I)(aa) who is'' and inserting
the following:
``(aa)(AA) is'';
(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 is'' and inserting the
following:
``(bb) is'';
(3) in the matter preceding item (aa)(AA) (as so
redesignated), by striking ``The term `eligible child' means a
child'' and inserting the following:
``(I) In general.--The term
`eligible child' means a child who'';
and
(4) by adding at the end the following:
``(II) Inclusion.--The term
`eligible child' includes a child who
receives medical assistance through the
Medicaid program under--
``(aa) 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) 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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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