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