HR4451-119

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— in the matter preceding subparagraph (A), by inserting (including any school operated by the Bureau of Indian Education) before may certify; and in subparagraph (E)— in clause (i), by striking or at the end; in clause (ii)— by striking who and inserting whom; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: 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; 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; 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 a child of a family that— 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 receives housing or housing assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.). (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.)..

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— by redesignating subparagraph (C) as subparagraph (D); by inserting after subparagraph (B) the following: In this subparagraph, the term covered child means a child that— 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 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). 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). 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— 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 who is— 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 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. in subparagraph (D) (as so redesignated)— by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; 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: Except as otherwise specified in clause (ii), subparagraph (C), subparagraphs (E) and (H)(ii) of paragraph (3) by adding at the end the following: 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— in the 12-month period preceding the date on which the covered child is enrolled in the new school; and who is— 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 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. (C)Eligibility of transferred children (i)Definition of covered childIn 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)EligibilityAn 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 durationA 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 (i)In generalExcept as otherwise specified in clause (ii), subparagraph (C), subparagraphs (E) and (H)(ii) of paragraph (3); and (ii)Extension for certain childrenA 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..

4. Expanding automatic 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— by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and in clause (vii)— in subclause (I), by striking or at the end; in subclause (II)— by striking who and inserting whom; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: 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; 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; 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 a child of a family that— 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 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(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended— in subparagraph (D), by striking clauses (iv) or (v) and inserting clauses (ii), (iii), (iv), (v), or (vii); in subparagraph (E), by adding or at the end; by striking subparagraph (F); and by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. (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.)..