108 HR 6067 IH: Early Childhood Nutrition Improvement Act
U.S. House of Representatives
2023-10-26
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EN
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I
118th CONGRESS
1st Session
H. R. 6067
IN THE HOUSE OF REPRESENTATIVES
October 26, 2023
Ms. Bonamici (for herself, Mr. Molinaro, Mr. Fitzpatrick, Mr. Lawler, and Mr. Cuellar) introduced the following bill; which was referred to the Committee on Education and the Workforce
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.
1.

Short title
This Act may be cited as the “Early Childhood Nutrition Improvement Act”.
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.”.
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.”.
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 the Workforce 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.”.
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”.
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 the Workforce 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.”.