119-hr2818

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2818 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2818

 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

 April 10, 2025

 Ms. Bonamici (for herself, Mr. Mackenzie, Mr. Landsman, Mr. 
Fitzpatrick, Ms. Sanchez, Ms. Norton, Mr. Castro of Texas, Mrs. Watson 
 Coleman, Ms. Salinas, Mr. Mannion, Ms. Titus, and Mr. McGovern) 
 introduced the following bill; which was referred to the Committee on 
 Education and 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.

 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 of institutions, 
 family or group day care homes, and 
 individuals under this paragraph, 
 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 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.''.

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 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.''.
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