[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 enactmen