[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5919 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5919

 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 HOUSE OF REPRESENTATIVES

                            November 9, 2021

   Ms. Bonamici (for herself and Ms. Herrera Beutler) 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 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''.

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 the matter preceding subparagraph (A), by striking 
        ``criteria:'' and inserting ``criteria--'';
            (2) in subparagraph (E), by striking ``and'' at the end;
            (3) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(G) in the case of an institution described in 
                paragraph (2)(B), the eligibility of such institution 
                shall be determined on an annual basis in accordance 
                with this section.''.

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 by adding at the end the 
following:
                    ``(F) Serious deficiency process.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of the enactment of this 
                        subparagraph, the Secretary shall review and 
                        issue guidance and, as appropriate, regulations 
                        regarding the serious deficiency process for 
                        the program under this section.
                            ``(ii) Review.--In carrying out clause (i), 
                        the Secretary shall review, at a minimum, the 
                        processes for, and those involved in--
                                    ``(I) determining when there is a 
                                serious deficiency with respect to an 
                                institution or a family or group day 
                                care home, including--
                                            ``(aa) what 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) 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) determining the 
                                circumstances under which a corrective 
                                action plan is acceptable;
                                    ``(IV) termination and 
                                disqualification, including maintenance 
                                of the list under subparagraph (E); and
                                    ``(V) determining 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 
                                        such additional State agency 
                                        requirements; and
                                            ``(cc) oversight through 
                                        the management evaluation 
                                        process.
                            ``(iii) State-specific requirements.--The 
                        Secretary may not consider State-specific 
                        requirements in determining non-compliance or 
                        serious deficiency.
                            ``(iv) Guidance and regulations.--
                                    ``(I) In general.--After conducting 
                                the review under clause (ii), the 
                                Secretary shall make findings from the 
                                information collected and issue 
                                guidance and, as appropriate, 
                                regulations from such findings that 
                                will--
                                            ``(aa) streamline and 
                                        modernize the program;
                                            ``(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.--The guidance or, as 
                                appropriate, regulations made or issued 
                                under subclause (I) shall include--
                                            ``(aa) clarity on the 
                                        required measures for 
                                        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 on 
                                                institutions or family 
                                                or group day care homes 
                                                that are in addition to 
                                                those required 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 such 
                                        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 amending subparagraph (B) to read as follows:
                    ``(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) conduct a study, not later than 2 
                        years after the date of the enactment of this 
                        subparagraph, on--
                                    ``(I) the prevalence of third meal 
                                reimbursement by program operators;
                                    ``(II) the role of the additional 
                                meal in effectively supporting working 
                                families;
                                    ``(III) the contribution of the 
                                additional meal to the local economy; 
                                and
                                    ``(IV) the contribution of the 
                                additional 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 Labor 
                        of the House of Representatives that includes 
                        the findings of the study required under clause 
                        (i); and
                            ``(iii) based on the findings of such 
                        report, provide guidance to program operators 
                        to--
                                    ``(I) improve implementation of the 
                                program under this section;
                                    ``(II) maximize the utility of the 
                                additional meal in supporting working 
                                families; and
                                    ``(III) 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 the enactment of this subsection, the Secretary shall 
        establish an advisory committee (referred to in this subsection 
        as the `Advisory Committee') to carry out the duties described 
        in paragraph (2).
            ``(2) Duties.--The duties of the Advisory Committee shall 
        be to--
                    ``(A) examine the feasibility of reducing 
                unnecessary or duplicative paperwork resulting from 
                regulations and recordkeeping requirements, including 
                paperwork resulting from additional State requirements, 
                for those 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) provide recommendations to the Secretary to 
                reduce such paperwork for participants in the program 
                under this section while ensuring that proper 
                accountability and program integrity are maintained.
            ``(3) 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 the entities referred to 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 anti-hunger 
                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.
                    ``(N) 1 shall be a representative of an advocacy 
                organization representing parents with young children.
            ``(4) Considerations.--In developing the recommendations 
        described in paragraph (2)(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 (Public Law 108-265; 118 Stat. 755);
                    ``(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.
            ``(5) Guidance and regulations.--Not later than 2 years 
        after the date of the enactment of this subsection, the 
        Secretary shall issue guidance and, as appropriate, regulations 
        based on the recommendations described in paragraph (2)(B) for 
        streamlined and consolidated paperwork and recordkeeping 
        requirements for the program, including recommendations and 
        actions taken to reduce paperwork for parents and program 
        operators by--
                    ``(A) streamlining and modernizing applications; 
                and
                    ``(B) streamlining and modernizing the monitoring 
                and auditing of programmatic documentation and 
                recordkeeping, including--
                            ``(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 child and adult care food program 
                        standards;
                            ``(v) addressing non-mandated State-
                        specific requirements; and
                            ``(vi) requiring the adoption of generally 
                        accepted technologies for client-facing 
                        technology, virtual visits, and technology used 
                        for administrative functions by the child and 
                        adult care food program to reduce the burden on 
                        participants and program operators and 
                        administrators.
            ``(6) Report.--
                    ``(A) In general.--Not later than 180 days after 
                issuing the guidance and, as appropriate, regulations 
                described in paragraph (5), the Secretary shall submit 
                a report to the Committee on Agriculture, Nutrition, 
                and Forestry of the Senate and the Committee on 
                Education and Labor of the House of Representatives 
                containing the information described in subparagraph 
                (B).
                    ``(B) Contents.--The report under subparagraph (A) 
                shall contain the following:
                            ``(i) With respect to each instance in 
                        which the Secretary did not implement a 
                        recommendation of the Advisory Committee, an 
                        explanation with respect to why such 
                        recommendation was not implemented.
                            ``(ii) Additional recommendations with 
                        respect to legislative action that may further 
                        strengthen and streamline the program 
                        application and monitoring process and reduce 
                        administrative burdens on grantees, program 
                        participants, and local, State, and Federal 
                        governments.''.
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