[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1447 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1447

 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

                             April 10, 2025

  Mr. Blumenthal (for himself, Ms. Smith, Mr. Welch, Ms. Hirono, Mr. 
Sanders, and Mrs. Gillibrand) 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''.

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 (B), by inserting ``(42 U.S.C. 1771 et 
        seq.)'' after ``1966'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and indenting the clauses 
        appropriately;
            (3) in subparagraph (C)--
                    (A) in clause (ii), by striking ``(ii) in the case 
                of a sponsoring organization, the organization shall 
                employ'' and inserting the following:
                            ``(II) if the institution is a sponsoring 
                        organization, employs''; and
                    (B) by striking ``(C)(i) will provide'' and 
                inserting the following:
                            ``(iii)(I) will provide'';
            (4) in subparagraph (D)--
                    (A) by striking ``one employee, the organization'' 
                and inserting ``1 employee,''; and
                    (B) by striking ``(D) in the case of'' and 
                inserting the following:
                            ``(iv) if the institution is'';
            (5) in subparagraph (E), by striking ``(E) in the case of a 
        sponsoring organization, the organization'' and inserting the 
        following:
                            ``(v) if the institution is a sponsoring 
                        organization,'';
            (6) in subparagraph (F)--
                    (A) by striking ``the date of the enactment of this 
                subparagraph'' and inserting ``June 20, 2000,'';
                    (B) by striking ``the institution is bonded'' and 
                inserting ``is bonded''; and
                    (C) by striking ``in the case of'' and inserting 
                the following:
                            ``(vi) if the institution is'';
            (7) in the matter preceding clause (i) (as redesignated by 
        paragraph (2))--
                    (A) by striking ``it satisfies the following 
                criteria:'' and inserting ``the institution--''; and
                    (B) by striking ``No institution shall be'' and 
                inserting the following:
                    ``(A) In general.--Subject to subparagraph (B), an 
                institution shall not be''; and
            (8) by adding at the end the following:
                    ``(B) Annual determination for certain 
                institutions.--The eligibility of an institution 
                described in paragraph (2)(B) 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 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 the individuals involved 
                        in--
                                    ``(I) determining when there exists 
                                a serious deficiency with respect to an 
                                institution or a family or group day 
                                care home, including--
                                            ``(aa) the measures that 
                                        will automatically result in a 
                                        finding of serious deficiency; 
                                        and
                                            ``(bb) the means of 
                                        differentiating 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 relating to 
                                        State-specific requirements; 
                                        and
                                            ``(bb) processes for 
                                        ensuring that the officials 
                                        involved in appeals and 
                                        mediation are fair and 
                                        impartial;
                                    ``(III) determining the 
                                circumstances under which a corrective 
                                action plan is acceptable;
                                    ``(IV) the 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 the imposition of additional 
                                State agency requirements on 
                                institutions or family or group day 
                                care homes in addition to applicable 
                                requirements 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) State-specific requirements.--The 
                        Secretary may not consider State-specific 
                        requirements in determining noncompliance or 
                        serious deficiency under this paragraph.
                            ``(iv) Guidance and regulations.--
                                    ``(I) In general.--After conducting 
                                the review under clause (i), the 
                                Secretary shall--
                                            ``(aa) make findings from 
                                        the information collected;
                                            ``(bb) issue guidance and, 
                                        as appropriate, regulations 
                                        from those findings that will--

                                                    ``(AA) streamline 
                                                and modernize the 
                                                program under this 
                                                section; and

                                                    ``(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 under this 
                                        paragraph, while retaining 
                                        program integrity.
                                    ``(II) Scope.--The guidance and 
                                regulations issued pursuant to 
                                subclause (I) shall include--
                                            ``(aa) provisions to ensure 
                                        clarity with respect to 
                                        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 
                                                regarding State agency 
                                                requirements applicable 
                                                to institutions or 
                                                family or group day 
                                                care homes that are in 
                                                addition to applicable 
                                                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 on 
                                        correction of the 
                                        deficiency.''.

SEC. 4. REIMBURSEMENTS FOR ADDITIONAL MEALS OR SNACKS.

    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)'';
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Limitation on number of meals.--No 
                reimbursement may be made to an institution under this 
                paragraph, or to a family or group day care home 
                sponsoring organization 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.''; and
            (3) by adding at the end the following:
                    ``(D) Study on third meal.--The Secretary shall--
                            ``(i) not later than 2 years after the date 
                        of enactment of this subparagraph, conduct a 
                        study regarding--
                                    ``(I) the prevalence of third-meal 
                                reimbursement by program operators; and
                                    ``(II) the contribution of such an 
                                additional meal to--
                                            ``(aa) effectively 
                                        supporting working families;
                                            ``(bb) local economies; and
                                            ``(cc) the economic 
                                        viability of child care and 
                                        afterschool programs, including 
                                        in rural areas;
                            ``(ii) submit to the Committee on 
                        Agriculture, Nutrition, and Forestry of the 
                        Senate and the Committee on Education and 
                        Workforce of the House of Representatives a 
                        report that includes the findings of the study 
                        under clause (i); and
                            ``(iii) based on the findings of the report 
                        under clause (ii), provide to program operators 
                        guidance--
                                    ``(I) to improve implementation of 
                                the program under this section;
                                    ``(II) to maximize the utility of 
                                an additional 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.

    (a) Clerical Amendments.--Section 17 of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1766) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(F), by striking ``subsection 
                (t)'' and inserting ``subsection (s)''; and
                    (B) in paragraph (3), by striking ``subsection 
                (r)'' and inserting ``subsection (q)'';
            (2) in subsection (c), by moving paragraphs (5) and (6) so 
        as to appear in numerical order;
            (3) in subsection (t)(1), by striking ``Stewart B. 
        McKinney'' and inserting ``McKinney-Vento'';
            (4) by redesignating subsections (n), (q), (r), (s), (t), 
        and (u) as subsections (u), (p), (q), (r), (s), and (t), 
        respectively, and moving the subsections so as to appear in 
        alphabetical order; and
            (5) in subsection (u) (as so redesignated), by striking the 
        subsection designation and all that follows through ``hereby'' 
        and inserting the following:
    ``(u) Authorization of Appropriations.--There are''.
    (b) Advisory Committee.--Section 17 of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1766) (as amended by subsection 
(a)(4)) is amended by inserting after subsection (m) the following:
    ``(n) Advisory Committee on Paperwork Reduction.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the Early Childhood Nutrition Improvement 
        Act, 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 to the Secretary recommendations 
                to reduce the paperwork described in subparagraph (A) 
                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, 
                afterschool 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.
            ``(4) Considerations.--In developing recommendations under 
        paragraph (2)(B), the Advisory Committee shall take into 
        consideration--
                    ``(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.
            ``(5) Guidance and regulations.--Not later than 2 years 
        after the date of enactment of the Early Childhood Nutrition 
        Improvement Act, 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 under this 
        section, including recommendations and actions carried out to 
        reduce paperwork for parents and program operators by 
        streamlining and modernizing--
                    ``(A) applications; and
                    ``(B) 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 nonmandated 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 program to 
                        reduce the burden on participants and program 
                        operators and administrators.
            ``(6) Report.--Not later than 180 days after the date on 
        which guidance or regulations are issued under paragraph (5), 
        the Secretary shall submit to the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate and the Committee on 
        Education and Workforce of the House of Representatives a 
        report containing--
                    ``(A) for each instance in which the Secretary did 
                not implement a recommendation of the Advisory 
                Committee, an explanation regarding why the 
                recommendation was not implemented; and
                    ``(B) additional recommendations with respect to 
                legislative action that may--
                            ``(i) strengthen and streamline the 
                        application and monitoring process of the 
                        program under this section; and
                            ``(ii) reduce administrative burdens on 
                        grantees, program participants, the Federal 
                        Government, and State and local governments.''.
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