[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1270 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1270

 To amend the Richard B. Russell National School Lunch Act to improve 
                 the child and adult care food program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2021

  Mr. Casey (for himself, Ms. Smith, Mr. Blumenthal, Mr. Merkley, Mr. 
 Booker, Mr. Menendez, Mr. Reed, Mr. Sanders, Mr. Leahy, Mrs. Murray, 
Ms. Baldwin, Ms. Hirono, Mrs. Gillibrand, Ms. Klobuchar, and Mr. Wyden) 
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.

    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 ``Access to Healthy Food for Young 
Children Act of 2021''.

SEC. 2. REIMBURSEMENTS.

    (a) Child Care Reimbursements.--Section 17(c) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1766(c)) is amended--
            (1) in paragraph (1), by striking ``the same as'' and 
        inserting ``10 cents more than'';
            (2) in paragraph (2), by striking ``the same as'' and 
        inserting ``10 cents more than''; and
            (3) in paragraph (3)--
                    (A) by striking ``30 cents'' and inserting ``$1.01 
                cents''; and
                    (B) by striking ``2.75 cents'' and inserting 
                ``$0.18 cents''.
    (b) Day Care Home Reimbursements.--Section 17(f)(3)(A) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)) 
is amended--
            (1) by striking ``Consumer Price Index for food at home'' 
        each place it appears and inserting ``Consumer Price Index for 
        food away from home'';
            (2) in clause (ii)(III)--
                    (A) by striking ``Except as provided in subclause 
                (IV),'' and inserting the following:
                                            ``(aa) In general.--Except 
                                        as provided in item (bb) and 
                                        subclause (IV),''; and
                    (B) by adding at the end the following:
                                            ``(bb) Additional 
                                        reimbursement.--Effective 
                                        beginning July 1, 2022, the 
                                        reimbursement factor for each 
                                        meal and supplement under this 
                                        subparagraph shall be increased 
                                        by 10 cents per child 
                                        served.''; and
            (3) in clause (iii)(I)(aa), by striking ``the reimbursement 
        factors shall be'' and all that follows through ``supplements'' 
        and inserting ``the reimbursement factors shall be $1.58 for 
        meals other than breakfast, $0.58 cents for breakfasts, and 
        $0.30 cents for supplements''.

SEC. 3. STREAMLINING PROGRAM PAPERWORK IN HIGH-POVERTY AREAS.

    (a) In General.--Section 17(c) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(c)) is amended by adding at the end 
the following:
            ``(7) Streamlining program paperwork in high poverty 
        areas.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Eligible child care center.--The term 
                        `eligible child care center' means a child care 
                        center at least 50 percent of children under 
                        the care of which qualify for free or reduced 
                        price meals or categorical eligibility as 
                        described in subsection 
                        (f)(3)(A)(iii)(III)(bb).
                            ``(ii) Nonpricing program.--The term 
                        `nonpricing program' means a program under 
                        which an eligible child center serves all 
                        children under the care of the center meals and 
                        supplements under this section without charge.
                    ``(B) Election of special payments.--
                            ``(i) In general.--An eligible child care 
                        center may elect to receive special payments 
                        under this paragraph in lieu of payments 
                        otherwise made available under this section 
                        based on applications for free and reduced 
                        price meals and supplements if--
                                    ``(I) subject to clause (ii), 
                                during the 4 consecutive fiscal years 
                                beginning after the date of the 
                                election, the eligible child care 
                                center elects to operate a nonpricing 
                                program;
                                    ``(II) the eligible child care 
                                center pays, from sources other than 
                                funds made available to carry out the 
                                program under this section, the costs 
                                of serving the meals and supplements 
                                that are in excess of the value of 
                                assistance received under this Act; and
                                    ``(III) during the fiscal year in 
                                which the election under this clause is 
                                made, the eligible child care center 
                                had a percentage of enrolled children 
                                that meets or exceeds the threshold 
                                described in subparagraph (A)(i).
                            ``(ii) Election to stop receiving 
                        payments.--An eligible child care center may 
                        elect to stop receiving special payments under 
                        this paragraph for the following fiscal year by 
                        notifying the State agency not later than June 
                        30 of the current fiscal year of the intention 
                        to stop receiving the special payments.
                    ``(C) First year of option.--
                            ``(i) In general.--For each month of the 
                        first fiscal year of the 4-year period during 
                        which an eligible child care center elects to 
                        receive special payments under this paragraph, 
                        special payments at the rate for free meals and 
                        supplements shall be made under this 
                        subparagraph for all reimbursable meals and 
                        supplements served at the eligible child care 
                        center.
                            ``(ii) Calculation.--Special payments under 
                        clause (i) shall be calculated using a blended 
                        per-meal rate based on a formula that 
                        multiplies national average payment rates by 
                        the percentage of children at the eligible 
                        child care center that receive free, reduced 
                        price, and paid meals and supplements.
                    ``(D) Second, third, and fourth years of option.--
                            ``(i) In general.--For each month of the 
                        second, third, and fourth fiscal years of the 
                        4-year period during which an eligible child 
                        care center elects to receive special payments 
                        under this paragraph, special payments at the 
                        blended rate established for the first year of 
                        the option under subparagraph (C) shall be made 
                        under this subparagraph for all reimbursable 
                        meals and supplements served at the eligible 
                        child care center.
                            ``(ii) Calculation.--Special payments under 
                        clause (i) shall be equal to the product 
                        obtained by multiplying--
                                    ``(I) the applicable blended per-
                                meal rate; by
                                    ``(II) the number of meals and 
                                supplements served by the eligible 
                                child care center during the period 
                                beginning on April 1 of the prior 
                                fiscal year and ending on the last day 
                                of that fiscal year.''.
    (b) Community Eligibility Pilot Projects.--Section 17(c) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1766(c)) (as 
amended by subsection (a)) is amended by adding at the end the 
following:
            ``(8) Community eligibility pilot projects.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Covered child.--The term `covered 
                        child' means a child certified for free or 
                        reduced price meals by means of--
                                    ``(I) direct certification under 
                                paragraph (4) or (5) of section 9(b); 
                                or
                                    ``(II) categorical eligibility, as 
                                described in subsection 
                                (f)(3)(A)(iii)(III)(bb).
                            ``(ii) Eligible child care center.--The 
                        term `eligible child care center' means a child 
                        care center that--
                                    ``(I) has a percentage of enrolled 
                                children who are covered children that 
                                meets or exceeds the threshold 
                                described in section 11(a)(1)(F)(viii); 
                                and
                                    ``(II) has met or exceeded that 
                                threshold for a period of not less than 
                                1 month in the fiscal year prior to the 
                                fiscal year in which the child care 
                                center would participate in a pilot 
                                project.
                            ``(iii) Eligible sponsoring organization.--
                        The term `eligible sponsoring organization' 
                        means an organization that is a public or 
                        private nonprofit organization acting as a 
                        sponsoring organization for 1 or more child 
                        care centers participating in the program 
                        authorized under this section.
                            ``(iv) Nonpricing program.--The term 
                        `nonpricing program' means a program under 
                        which an eligible child care center serves all 
                        children under the care of the center meals and 
                        supplements under a pilot project without 
                        charge.
                            ``(v) Pilot project.--The term `pilot 
                        project' means a pilot project carried out 
                        under subparagraph (B)(i).
                            ``(vi) Selected child care center.--The 
                        term `selected child care center' means an 
                        eligible child care center selected under 
                        subparagraph (E) by a selected State and a 
                        selected sponsoring organization to implement 
                        the pilot project at that child care center.
                            ``(vii) Selected sponsoring organization.--
                        The term `selected sponsoring organization' 
                        means an eligible sponsoring organization 
                        selected under subparagraph (D)(iv) by a 
                        selected State to coordinate implementation of 
                        the pilot project in that State.
                            ``(viii) Selected state.--The term 
                        `selected State' means a State selected to 
                        carry out a pilot project under subparagraph 
                        (C)(i).
                    ``(B) Establishment.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of this paragraph, 
                        the Secretary shall establish a program to 
                        carry out pilot projects in selected States 
                        under which meals and supplements are provided 
                        at no charge to every child in a selected child 
                        care center.
                            ``(ii) Start date.--Each pilot project 
                        shall begin in a selected State not later than 
                        1 year after the date of enactment of this 
                        paragraph.
                    ``(C) State selection.--
                            ``(i) In general.--The Secretary shall 
                        select not more than 6 States to each carry out 
                        a pilot project in coordination with a selected 
                        sponsoring organization.
                            ``(ii) Applications.--A State seeking to 
                        carry out a pilot project shall submit to the 
                        Secretary an application at such time, in such 
                        manner, and containing such information as the 
                        Secretary may require, including information 
                        about the selected sponsoring organization.
                            ``(iii) Priority.--In carrying out clause 
                        (i), the Secretary shall give priority to a 
                        State based on--
                                    ``(I) the level of childhood 
                                poverty in the service area of the 
                                selected sponsoring organization; and
                                    ``(II) the extent to which that 
                                sponsoring organization demonstrates 
                                expertise and capacity in, and 
                                commitment to, implementing the pilot 
                                project.
                    ``(D) Sponsoring organization selection by 
                states.--Prior to submitting an application under 
                subparagraph (C)(ii), each State seeking to carry out a 
                pilot project shall--
                            ``(i) identify each eligible sponsoring 
                        organization in the State;
                            ``(ii) inform each eligible sponsoring 
                        organization identified under clause (i) of the 
                        proposed pilot project of the State;
                            ``(iii) solicit applications from eligible 
                        sponsoring organizations that demonstrate the 
                        expertise, capacity, and commitment of the 
                        sponsoring organization in implementing the 
                        pilot project; and
                            ``(iv) select an eligible sponsoring 
                        organization to coordinate implementation of 
                        the pilot project.
                    ``(E) Child care center selection.--Each selected 
                State and selected sponsoring organization shall select 
                1 or more eligible child care centers to voluntarily 
                participate in the pilot project in the selected State.
                    ``(F) Nonpricing program.--
                            ``(i) In general.--Under a pilot project, a 
                        selected child care center shall operate a 
                        nonpricing program by--
                                    ``(I) receiving special assistance 
                                payments under this subparagraph in 
                                lieu of any other special assistance 
                                payment made under this section; and
                                    ``(II) using non-Federal funds to 
                                pay for the cost of meals and 
                                supplements served at the selected 
                                child care center that are not 
                                reimbursed under the pilot project or 
                                the program authorized under this 
                                section.
                            ``(ii) Election to stop participation.--A 
                        selected child care center that elects to stop 
                        participating in a pilot project under clause 
                        (i) shall notify the selected State and the 
                        selected sponsoring organization not later than 
                        3 months before the date on which the center 
                        intends to stop participation.
                            ``(iii) First year.--For each month of the 
                        first fiscal year during which a pilot project 
                        is carried out in a selected State, each 
                        selected child care center shall receive 
                        special assistance payments at the rate for 
                        free meals and supplements for a percentage of 
                        all reimbursable meals and supplements served 
                        in selected child care centers during that 
                        month in an amount equal to the product 
                        obtained by multiplying--
                                    ``(I) the multiplier described in 
                                section 11(a)(1)(F)(vii); and
                                    ``(II) the percentage of covered 
                                children enrolled in the selected child 
                                care centers as of April 1 of the prior 
                                fiscal year, up to a maximum of 100 
                                percent.
                            ``(iv) Second and subsequent years.--For 
                        each month of the second fiscal year and each 
                        subsequent fiscal year during which a pilot 
                        project is carried out in a selected State, 
                        each selected child care center shall receive 
                        special assistance payments at the rate for 
                        free meals and supplements for a percentage of 
                        all reimbursable meals and supplements served 
                        in selected child care centers during that 
                        month in an amount equal to the product 
                        obtained by multiplying--
                                    ``(I) the multiplier described in 
                                section 11(a)(1)(F)(vii); and
                                    ``(II) the higher of--
                                            ``(aa) the percentage of 
                                        covered children enrolled in 
                                        the selected child care centers 
                                        as of April 1 of the prior 
                                        fiscal year, up to a maximum of 
                                        100 percent; and
                                            ``(bb) the percentage of 
                                        covered children enrolled in 
                                        the selected child care centers 
                                        as of April 1 of the fiscal 
                                        year prior to the first fiscal 
                                        year in which the selected 
                                        child care center participates 
                                        in the pilot project, up to a 
                                        maximum of 100 percent.
                            ``(v) Payment for other meals.--Any meal or 
                        supplement served under the program authorized 
                        under this section that is not part of a pilot 
                        project shall be reimbursed at the rates 
                        established under subsection (c).
                    ``(G) Implementation.--
                            ``(i) No applications.--In participating in 
                        a pilot project, a selected sponsoring 
                        organization or selected child care center 
                        shall not collect enrollment forms or 
                        applications for free and reduced price meals 
                        and supplements under this Act or section 4 of 
                        the Child Nutrition Act of 1966 (42 U.S.C. 
                        1773).
                            ``(ii) Administration.--The selected 
                        sponsoring organization in a selected State 
                        shall be responsible for administering the 
                        pilot project, including--
                                    ``(I) distributing special 
                                assistance payments to selected child 
                                care centers; and
                                    ``(II) conducting oversight of and 
                                reporting on the pilot project.
                            ``(iii) Information dissemination.--A 
                        selected State and selected sponsoring 
                        organization shall--
                                    ``(I) notify each eligible child 
                                care center in the State about the 
                                pilot project, including the 
                                reimbursement rates, timeline, and 
                                procedures under the pilot project; and
                                    ``(II) provide information about 
                                the pilot project to parents or 
                                guardians of children attending 
                                eligible child care centers.
                    ``(H) Report.--Not later than 1 year after the 
                start date of the last pilot project commenced during 
                the first year of the program established under 
                subparagraph (B)(i), and annually thereafter, the 
                Secretary shall submit to the Committee on Agriculture, 
                Nutrition, and Forestry of the Senate and the Committee 
                on Education and Labor of the House of Representatives 
                a report describing--
                            ``(i) the status of each active pilot 
                        project; and
                            ``(ii) the manner in which the funds 
                        authorized under subparagraph (I) are used to 
                        carry out this paragraph.
                    ``(I) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                paragraph $20,000,000 for the period of fiscal years 
                2022 through 2026.''.

SEC. 4. FOURTH MEAL SERVICE OPTION.

    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 any family 
                or group day care home sponsoring organization under 
                paragraph (3), for more than--
                            ``(i)(I) 2 meals and 1 supplement per day 
                        per child; or
                            ``(II) 1 meal and 2 supplements per day per 
                        child; or
                            ``(ii) 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--
                                    ``(I) 3 meals and 1 supplement per 
                                day per child;
                                    ``(II) 2 meals and 2 supplements 
                                per day per child; or
                                    ``(III) 1 meal and 3 supplements 
                                per day per child.''.

SEC. 5. EXPANDING AREA ELIGIBILITY.

    Section 17(f)(3)(A)(ii)(I) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(I)) is amended by 
striking ``50 percent'' each place it appears and inserting ``40 
percent''.

SEC. 6. REDUCING PAPERWORK AND IMPROVING PROGRAM ADMINISTRATION.

    (a) 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 
        ``unless it satisfies the following criteria:'' and inserting 
        ``unless--'';
            (2) in each of subparagraphs (A) and (B), by inserting 
        ``the institution'' after the subparagraph designation;
            (3) in subparagraph (C)(i), by inserting ``the 
        institution'' before ``will provide'';
            (4) in subparagraph (E), by striking ``and'' at the end;
            (5) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (6) by adding at the end the following:
                    ``(G) in the case of an institution described in 
                paragraph (2)(B), eligibility is determined 
                annually.''.
    (b) 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') to carry out the duties described 
        in paragraph (2).
            ``(2) Duties.--The duties of the Advisory Committee shall 
        be--
                    ``(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 entities 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 reduce 
                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--
                    ``(A) not less than 1 member representing each of--
                            ``(i) a public nonprofit center;
                            ``(ii) a private nonprofit center;
                            ``(iii) a family or group day care home;
                            ``(iv) a Head Start center;
                            ``(v) a for-profit center;
                            ``(vi) an emergency shelter;
                            ``(vii) an adult day care center;
                            ``(viii) a State agency;
                            ``(ix) a sponsoring organization for child 
                        care centers;
                            ``(x) a sponsoring organization of family 
                        or group day care homes;
                            ``(xi) an anti-hunger advocacy 
                        organization;
                            ``(xii) an after school program for at-risk 
                        youth; and
                            ``(xiii) a child care advocacy 
                        organization; and
                    ``(B) any other members, as the Secretary 
                determines to be appropriate.
            ``(4) Considerations.--In developing recommendations under 
        paragraph (2)(B), the Advisory Committee shall consider--
                    ``(A) information, recommendations, and reports 
                from the Child and Adult Care Food Program Paperwork 
                Reduction Work Group established pursuant to section 
                336 of the Healthy, Hunger-Free Kids Act of 2010 (42 
                U.S.C. 1766 note; Public Law 111-296); and
                    ``(B) the use of electronic systems and 
                recordkeeping technologies to reduce paperwork for 
                program participants and program operators.
            ``(5) Guidance and regulations.--Not later than 1 year 
        after the date of enactment of this subsection, the Secretary 
        shall issue guidance and, as appropriate, regulations, based on 
        the recommendations made under paragraph (2)(B), for 
        streamlined and consolidated paperwork and recordkeeping 
        requirements for the program, including--
                    ``(A) streamlining and modernizing applications, 
                monitoring, and auditing;
                    ``(B) eliminating the use of an enrollment form;
                    ``(C) allowing the use of direct certification in 
                all States;
                    ``(D) requiring States to accept digital forms, 
                digitized and electronic signatures, and electronic 
                records as documentation;
                    ``(E) allowing the use of electronic data 
                collection systems, in accordance with Federal 
                standards;
                    ``(F) streamlining duplicative State-specific 
                requirements; and
                    ``(G) encouraging the adoption in the program of 
                generally accepted technologies from other domains.
            ``(6) Report.--
                    ``(A) In general.--Not later than 180 days after 
                issuing guidance and regulations under paragraph (5), 
                the Secretary shall submit to the Committee on 
                Agriculture, Nutrition, and Forestry of the Senate and 
                the Committee on Education and Labor of the House of 
                Representatives a report containing the information 
                described in subparagraph (B).
                    ``(B) Contents.--The report under subparagraph (A) 
                shall contain the following:
                            ``(i) In each case in which the Secretary 
                        did not implement a recommendation of the 
                        Advisory Committee, an explanation for why the 
                        recommendation was not implemented.
                            ``(ii) Recommendations for legislative 
                        action that may strengthen and streamline the 
                        program application and monitoring processes 
                        and reduce administrative burdens on grantees, 
                        program participants, the Federal Government, 
                        and local and State governments.''.

SEC. 7. FUNDING TO SUPPORT NUTRITION ACCESS FOR YOUNG CHILDREN.

    Section 17(n) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1766(n)) is amended--
            (1) by striking ``(n) There are hereby'' and inserting the 
        following:
    ``(n) Funding.--
            ``(1) In general.--There are''; and
            (2) by adding at the end the following:
            ``(2) Funding to support nutrition access for children.--
                    ``(A) In general.--On October 1, 2021, and October 
                1, 2022, out of any funds in the Treasury not otherwise 
                appropriated, the Secretary of the Treasury shall 
                transfer to the Secretary $5,000,000, to remain 
                available until expended--
                            ``(i) to provide training and technical 
                        assistance under the program--
                                    ``(I) to support healthy meal 
                                patterns of children; and
                                    ``(II) with respect to best 
                                practices for--
                                            ``(aa) increasing 
                                        consumption by children of 
                                        vegetables, fruits, whole 
                                        grains, and healthy beverages;
                                            ``(bb) reducing consumption 
                                        by children of added sugars and 
                                        saturated fats; and
                                            ``(cc) eliminating 
                                        consumption by children of 
                                        beverages sweetened with sugar; 
                                        and
                            ``(ii) to increase participation in the 
                        program of children from underserved 
                        communities.
                    ``(B) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this paragraph the funds transferred under 
                subparagraph (A), without further appropriation.''.
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