I 
117TH CONGRESS 
1ST SESSION H. R. 3997 
To amend the Richard B. Russell National School Lunch Act to enhance 
direct certification under the school lunch program. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2021 
Mrs. HAYES (for herself, Mr. BACON, and Ms. ROSS) introduced the following 
bill; which was referred to the Committee on Education and Labor 
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 Representa-
tives 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— 
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(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 involve-
ment 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 re-
sponsible for the care and placement of the 
child; 
‘‘(iv) a child for whom an adoption as-
sistance payment is made under section 
473(a) of the Social Security Act (42 
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U.S.C. 673(a)) or under a similar State- 
funded or State-operated program, as de-
termined 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-Deter-
mination 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— 
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(1) by redesignating subparagraph (C) as sub-
paragraph (D); 
(2) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) ELIGIBILITY OF TRANSFERRED CHIL-
DREN.— 
‘‘(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 agen-
cy’); and 
‘‘(II) transfers to another school 
that is under the jurisdiction of a dif-
ferent local educational agency (re-
ferred to in this subparagraph as the 
‘new local educational agency’). 
‘‘(ii) ELIGIBILITY.—An eligibility de-
termination made by an original local edu-
cational agency with respect to a covered 
child shall be transferred to, and honored 
by, the new local educational agency, in-
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cluding the period for which that deter-
mination was authorized, subject to an ex-
tension 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 cov-
ered child began living with a caregiver— 
‘‘(I) in the 12-month period pre-
ceding 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 au-
thority to secure services for the 
child through an educational or 
healthcare 
consent 
affidavit, 
power of attorney, or other legal 
documentation; or 
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‘‘(bb) 
a 
grandparent 
or 
other relative and has legal cus-
tody of the child or has com-
menced 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 in-
denting 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 other-
wise 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 CHIL-
DREN.—A school food authority shall ex-
tend 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 determina-
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tion was authorized by the local edu-
cational agency, if the child began living 
with a caregiver— 
‘‘(I) in the 12-month period pre-
ceding 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 au-
thority 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 cus-
tody of the child or has com-
menced 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 Rich-
ard B. Russell National School Lunch Act (42 U.S.C. 
1758(b)(12)(A)) is amended— 
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(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 ad-
ministers 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 adop-
tion assistance payment is made 
under section 473(a) of the Social Se-
curity Act (42 U.S.C. 673(a)) or 
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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 So-
cial Security Act (42 U.S.C. 673(d)) 
or under a similar State-funded or 
State-operated program, as deter-
mined by the Secretary, without re-
gard to whether the child was pre-
viously in foster care; or 
‘‘(VI) a child of a family that— 
‘‘(aa) lives in housing dedi-
cated 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 Na-
tive American Housing Assist-
ance and Self-Determination Act 
of 1996 (25 U.S.C. 4101 et 
seq.).’’. 
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(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 sub-
paragraph (F) and conforming the margin of sub-
paragraph (F) (as so redesignated) appropriately. 
SEC. 5. MEDICAID DIRECT CERTIFICATION. 
Section 9(b)(15)(A)(i) of the Richard B. Russell Na-
tional 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 insert-
ing the following: 
‘‘(aa)(AA) who’’; 
(2) in subclause (II)— 
(A) by striking ‘‘regulations) with a child 
described in subclause (I)’’ and inserting ‘‘regu-
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lations)) 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 insert-
ing 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 pro-
gram— 
‘‘(aa) under subclause (I) of sec-
tion 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 
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‘‘(bb) under subclause (II) of sec-
tion 1902(a)(10)(A)(i) of that Act (42 
U.S.C. 1396a(a)(10)(A)(i)) on the 
basis of receiving supplemental secu-
rity income benefits.’’. 
Æ 
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