[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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