124 STAT. 3187 PUBLIC LAW 111–296—DEC. 13, 2010 ‘‘(I) IN GENERAL.—A State that is required to develop and implement a continuous improvement plan under clause (ii)(II) shall be required to submit the continuous improvement plan to the Secretary, for the approval of the Secretary. ‘‘(II) REQUIREMENTS.—At a minimum, a continuous improvement plan under subclause (I) shall include— ‘‘(aa) specific measures that the State will use to identify more children who are eligible for direct certification, including improve- ments or modifications to technology, informa- tion systems, or databases; ‘‘(bb) a timeline for the State to implement those measures; and ‘‘(cc) goals for the State to improve direct certification results.’’. (c) WITHOUT FURTHER APPLICATION.—Section 9(b)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by subsection (b)) is amended by adding at the end the following: ‘‘(G) WITHOUT FURTHER APPLICATION.— ‘‘(i) IN GENERAL.—In this paragraph, the term ‘without further application’ means that no action is required by the household of the child. ‘‘(ii) CLARIFICATION.—A requirement that a house- hold return a letter notifying the household of eligi- bility for direct certification or eligibility for free school meals does not meet the requirements of clause (i).’’. SEC. 102. 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 Definition.
