No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4002 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4002
To amend the Richard B. Russell National School Lunch Act to improve
the child and adult care food program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 20, 2024
Mr. Casey (for himself, Mr. Blumenthal, Mr. Fetterman, Mr. Reed, and
Mr. Sanders) 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 improve
the child and adult care food program, and for other purposes.
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 ``Early Childhood Nutrition
Improvement Act of 2024''.
SEC. 2. ELIGIBILITY CERTIFICATION CRITERIA FOR PROPRIETARY CHILD CARE
CENTERS.
Section 17(a)(6) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(a)(6)) is amended--
(1) in subparagraph (C), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and indenting
appropriately;
(2) by redesignating subparagraphs (A) through (F) as
clauses (i) through (vi), respectively, and indenting
appropriately;
(3) in the matter preceding clause (i) (as so
redesignated), by striking ``No institution shall be eligible
to participate in the program unless it satisfies the following
criteria:'' and inserting the following:
``(A) In general.--No institution shall be eligible
to participate in the program unless the institution--
'';
(4) in subparagraph (A) (as so designated)--
(A) in clause (iii)(II) (as so redesignated), by
striking ``the organization shall employ'' and
inserting ``employs'';
(B) in clause (iv) (as so redesignated), by
striking ``the organization'' before ``does not base'';
(C) in clause (v) (as so redesignated), by striking
``the organization'' before ``has in effect''; and
(D) in clause (vi) (as so redesignated), by
striking ``the institution'' before ``is bonded''; and
(5) by adding at the end the following:
``(B) Annual eligibility for private organizations
providing nonresidential child care or day care outside
school hours.--The eligibility of an institution
described in paragraph (2)(B) shall be determined on an
annual basis.''.
SEC. 3. REVIEW OF SERIOUS DEFICIENCY PROCESS.
Section 17(d)(5) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(d)(5)) is amended--
(1) in subparagraph (B)--
(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 ``Procedures established
pursuant to'' and inserting the following:
``(i) In general.--Procedures established
under''; and
(i) by adding at the end the following:
``(ii) State-specific requirements not
considered.--Under procedures established under
subparagraph (A), the Secretary may not
consider State-specific requirements in
determining noncompliance or serious deficiency
with respect to an institution under this
section.'';
(2) in subparagraph (C), in the matter preceding clause
(i), by striking ``pursuant to'' and inserting ``under''; and
(3) by adding at the end the following:
``(F) Serious deficiency process.--
``(i) In general.--Not later than 1 year
after the date of enactment of this
subparagraph, the Secretary shall--
``(I) review the serious deficiency
process for the program under this
section; and
``(II) issue guidance and, as
appropriate, regulations based on that
review.
``(ii) Review.--Under clause (i)(I), the
Secretary shall review, at a minimum--
``(I) the processes relating to
determining a serious deficiency with
respect to an institution or a family
or group day care home, including--
``(aa) which measures
automatically result in a
finding of serious deficiency;
and
``(bb) how to differentiate
between--
``(AA) a reasonable
margin of human error
and systematic or
intentional
noncompliance; and
``(BB) State-
specific requirements
and Federal
regulations;
``(II) the processes relating to
appealing and mediating a finding of
serious deficiency with respect to an
institution or a family or group day
care home, including--
``(aa) findings related to
State-specific requirements;
and
``(bb) processes for
ensuring officials involved in
appeals and mediation are fair
and impartial;
``(III) the processes relating to
determining the circumstances under
which a corrective action plan is
acceptable;
``(IV) the processes relating to
termination, suspension, and
disqualification under the program,
including maintenance of the list under
subparagraph (E); and
``(V) opportunities for
strengthening the processes intended to
reduce additional State agency
requirements on institutions or family
or group day care homes that are in
addition to those required under
Federal law, including--
``(aa) State evaluation of
practices used at the time of
review;
``(bb) regional approval of
those additional State agency
requirements; and
``(cc) oversight through
the management evaluation
process.
``(iii) Guidance and regulations.--
``(I) In general.--Guidance and
regulations, as applicable, issued
under clause (i)(II) shall--
``(aa) streamline and
modernize the program under
this section;
``(bb) reduce the paperwork
burden on parents; and
``(cc) assist sponsoring
organizations, State agencies,
and the Food and Nutrition
Service in ensuring a fair,
uniform, and effective
administration of the serious
deficiency process while
retaining program integrity.
``(II) Scope.--Guidance and
regulations, as applicable, issued
under clause (i)(II) shall include--
``(aa) clarity on the
measures required to determine
noncompliance, including--
``(AA) an allowance
for a reasonable margin
of human error; and
``(BB) a
distinction between a
reasonable margin of
human error and
systematic or
intentional
noncompliance;
``(bb) a formal appeals and
mediation process that--
``(AA) is conducted
by a trained official
who is independent from
and not affiliated with
any person or agency
involved in the
determination being
appealed or mediated;
``(BB) provides an
opportunity for a fair
hearing for any
institution or family
or group day care home
determined to have a
serious deficiency
finding or inadequate
corrective action plan;
and
``(CC) provides for
the evaluation and
resolution of disputes
over State agency
requirements for
institutions or family
or group day care homes
that are in addition to
requirements under
Federal law;
``(cc) timeframes for
acceptable corrective action
plans for group or family day
care homes that are consistent
with corrective action
timeframes for child care
centers; and
``(dd) a process to dismiss
a serious deficiency upon
correction of that serious
deficiency.''.
SEC. 4. AUTHORIZATION OF REIMBURSEMENTS FOR ADDITIONAL MEAL OR SNACK.
Section 17(f)(2) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(2)) is amended--
(1) by striking ``(2)(A) Subject to subparagraph (B) of
this paragraph'' and inserting the following:
``(2) Disbursements.--
``(A) In general.--Subject to subparagraph (B)'';
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Limitation.--No reimbursement may be made to
any institution under this paragraph, or to family or
group day care home sponsoring organizations under
paragraph (3), for more than--
``(i) 2 meals and 1 supplement or 1 meal
and 2 supplements per day per child; or
``(ii) 3 meals and 1 supplement or 2 meals
and 2 supplements per day per child, in the
case of child care during which there are 8 or
more hours between the beginning of the first
meal service period and the beginning of the
fourth meal service period.
``(C) Study on third meal.--The Secretary shall--
``(i) not later than 2 years after the date
of enactment of this subparagraph, conduct a
study on--
``(I) the prevalence of third meal
reimbursement by program operators;
``(II) the role of the third meal
in effectively supporting working
families;
``(III) the contribution of the
third meal to the local economy; and
``(IV) the contribution of the
third meal to the economic viability of
child care and afterschool programs,
including in rural areas;
``(ii) submit a report to the Committee on
Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Education and the
Workforce of the House of Representatives on
the findings of the study under clause (i); and
``(iii) based on those findings, provide
guidance to program operators--
``(I) to improve implementation of
the program under this section;
``(II) to maximize the utility of
the third meal in supporting working
families; and
``(III) to limit unnecessary costs
to program operators and parents of
participating children.''.
SEC. 5. ADJUSTMENTS.
Section 17(f)(3)(A) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(3)(A)) is amended by striking ``Consumer Price
Index for food at home'' each place it appears and inserting ``Consumer
Price Index for food away from home''.
SEC. 6. ADVISORY COMMITTEE ON PAPERWORK REDUCTION.
Section 17 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766) is amended by adding at the end the following:
``(v) Advisory Committee on Paperwork Reduction.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of this subsection, the Secretary shall
establish an advisory committee (referred to in this subsection
as the `Advisory Committee')--
``(A) to examine the feasibility of reducing
unnecessary or duplicative paperwork resulting from
regulations and recordkeeping requirements, including
paperwork resulting from additional State requirements,
for persons participating or seeking to participate in
the program under this section, including State
agencies, family child care homes, child care centers,
and sponsoring organizations; and
``(B) to provide recommendations to the Secretary
to reduce paperwork for participants in the program
under this section while ensuring that proper
accountability and program integrity are maintained.
``(2) Membership.--The Advisory Committee shall be composed
of not fewer than 14 members, of whom--
``(A) 1 shall be a representative of a public
nonprofit center;
``(B) 1 shall be a representative of a private
nonprofit center;
``(C) 1 shall be a representative of a family or
group day care home;
``(D) 1 shall be a representative of a Head Start
center;
``(E) 1 shall be a representative of a for-profit
center;
``(F) 1 shall be a representative of an emergency
shelter;
``(G) 1 shall be a representative of an adult day
care center;
``(H) 1 shall be a representative of a State
agency;
``(I) 1 shall be a representative of a sponsoring
organization for any of the entities described in
subparagraphs (A), (B), (D), (E), (F), and (G);
``(J) 1 shall be a representative of a sponsoring
organization of family or group day care homes;
``(K) 1 shall be a representative of an antihunger
advocacy organization;
``(L) 1 shall be a representative of an at-risk
after school program;
``(M) 1 shall be a representative of a child care
advocacy organization; and
``(N) 1 shall be a representative of an advocacy
organization representing parents with young children.
``(3) Considerations.--In developing recommendations
pursuant to paragraph (1)(B), the Advisory Committee shall
consider--
``(A) information, recommendations, and reports
from the Paperwork Reduction Work Group established by
the Food and Nutrition Service pursuant to section
119(i) of the Child Nutrition and WIC Reauthorization
Act of 2004 (42 U.S.C. 1766 note; Public Law 108-265);
``(B) the use of electronic systems and
recordkeeping technologies to reduce paperwork for
program participants and program operators; and
``(C) duplicative requirements across multiple
Federal programs.
``(4) Guidance and regulations.--Not later than 2 years
after the date of enactment of this subsection, the Secretary
shall issue guidance and, as appropriate, regulations, based on
the recommendations provided to the Secretary under paragraph
(1)(B)--
``(A) to streamline and modernize applications for
the program under this section; and
``(B) to streamline and modernize the monitoring
and auditing of programmatic documentation and
recordkeeping for the program under this section,
including by--
``(i) eliminating the use of the enrollment
form for the purpose of claiming meals;
``(ii) allowing the use of direct
certification in all States;
``(iii) requiring States to accept as
documentation digital forms, digitized and
electronic signatures, and electronic records;
``(iv) allowing the use of electronic data
collection systems containing all required
Federal standards for the program under this
section;
``(v) addressing nonmandatory State-
specific requirements; and
``(vi) requiring the adoption of generally
accepted technologies for client-facing
technology, virtual visits, and technology used
for administrative functions to reduce the
burden on participants and program operators
and administrators.
``(5) Report.--Not later than 180 days after carrying out
paragraph (4), the Secretary shall submit a report to the
Committee on Agriculture, Nutrition, and Forestry of the Senate
and the Committee on Education and the Workforce of the House
of Representatives containing--
``(A) with respect to any recommendation of the
Advisory Committee provided to the Secretary under
paragraph (1)(B) that the Secretary did not implement,
an explanation for nonimplementation; and
``(B) recommendations for legislative action that
may further--
``(i) strengthen and streamline program
application and monitoring processes; and
``(ii) reduce administrative burdens on
grantees, program participants, local and State
Governments, and the Federal Government.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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