[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.''.
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