,,ii #aahth ,,congress #b;d ,session ,s4 #djjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bj1 #bjbd,mr4 ,casey 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,fetterman1 ,mr4 ,reed1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,richard ,b4 ,russell ,national ,school ,lunch ,act to improve the child and adult care food program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,early ,childhood ,nutrition ,improvement ,act of #bjbd4 #b4 ,eligibility certification criteria for proprietary child care centers ,section #ag7;a77#f7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7;a77#f77 is amended-- 7#a7 in subparagraph 7,c71 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and indenting appropriately2 7#b7 by redesignating subparagraphs 7,a7 through 7,f7 as clauses 7i7 through 7vi71 respectively1 and indenting appropriately2 7#c7 in the matter preceding clause 7i7 7as so redesignated71 by striking ,no institution shall be eligible to participate in the program unless it satisfies the following criteria3 and inserting the following3 7,a7 ,in general ,no institution shall be eligible to participate in the program unless the institution-- 2 7#d7 in subparagraph 7,a7 7as so designated7-- 7,a7 in clause 7iii77,,ii7 7as so redesignated71 by striking the organization shall employ and inserting employs2 7,b7 in clause 7iv7 7as so redesignated71 by striking the organization before does not base2 7,c7 in clause 7v7 7as so redesignated71 by striking the organization before has in effect2 and 7,d7 in clause 7vi7 7as so redesignated71 by striking the institution before is bonded2 and 7#e7 by adding at the end the following3 7,b7 ,annual eligibility for private organizations providing nonresidential child care or day care outside school hours ,the eligibility of an institution described in paragraph 7#b77;,b7 shall be determined on an annual basis4 4 #c4 ,review of serious deficiency process ,section #ag7;d77#e7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7;d77#e77 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and indenting appropriately2 7,b7 in the matter preceding subclause 7,i7 7as so redesignated71 by striking ,procedures established pursuant to and inserting the following3 7i7 ,in general ,procedures established under 2 and 7i7 by adding at the end the following3 7ii7 ,state-specific requirements not considered ,under procedures established under subparagraph 7,a71 the ,secretary may not consider ,state-specific requirements in determining noncompliance or serious deficiency with respect to an institution under this section4 2 7#b7 in subparagraph 7,c71 in the matter preceding clause 7i71 by striking pursuant to and inserting under2 and 7#c7 by adding at the end the following3 7,f7 ,serious deficiency process 7i7 ,in general ,not later than #a year after the date of enactment of this subparagraph1 the ,secretary shall-- 7,i7 review the serious deficiency process for the program under this section2 and 7,,ii7 issue guidance and1 as appropriate1 regulations based on that review4 7ii7 ,review ,under clause 7i77,i71 the ,secretary shall review1 at a minimum-- 7,i7 the processes relating to determining a serious deficiency with respect to an institution or a family or group day care home1 including-- 7aa7 which measures automatically result in a finding of serious deficiency2 and 7bb7 how to differentiate between-- 7,,aa7 a reasonable margin of human error and systematic or intentional noncompliance2 and 7,,bb7 ,state-specific requirements and ,federal regulations2 7,,ii7 the processes relating to appealing and mediating a finding of serious deficiency with respect to an institution or a family or group day care home1 including-- 7aa7 findings related to ,state-specific requirements2 and 7bb7 processes for ensuring officials involved in appeals and mediation are fair and impartial2 7,,iii7 the processes relating to determining the circumstances under which a corrective action plan is acceptable2 7,,iv7 the processes relating to termination1 suspension1 and disqualification under the program1 including maintenance of the list under subparagraph 7,e72 and 7,v7 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 law1 including-- 7aa7 ,state evaluation of practices used at the time of review2 7bb7 regional approval of those additional ,state agency requirements2 and 7cc7 oversight through the management evaluation process4 7iii7 ,guidance and regulations 7,i7 ,in general ,guidance and regulations1 as applicable1 issued under clause 7i77,,ii7 shall-- 7aa7 streamline and modernize the program under this section2 7bb7 reduce the paperwork burden on parents2 and 7cc7 assist sponsoring organizations1 ,state agencies1 and the ,food and ,nutrition ,service in ensuring a fair1 uniform1 and effective administration of the serious deficiency process while retaining program integrity4 7,,ii7 ,scope ,guidance and regulations1 as applicable1 issued under clause 7i77,,ii7 shall include-- 7aa7 clarity on the measures required to determine noncompliance1 including-- 7,,aa7 an allowance for a reasonable margin of human error2 and 7,,bb7 a distinction between a reasonable margin of human error and systematic or intentional noncompliance2 7bb7 a formal appeals and mediation process that-- 7,,aa7 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 mediated2 7,,bb7 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 plan2 and 7,,cc7 provides for the evaluation and resolution of disputes over ,state agency requirements for institutions or family or group day care homes that are in addition to requirements under ,federal law2 7cc7 timeframes for acceptable corrective action plans for group or family day care homes that are consistent with corrective action timeframes for child care centers2 and 7dd7 a process to dismiss a serious deficiency upon correction of that serious deficiency4 4 #d4 ,authorization of reimbursements for additional meal or snack ,section #ag7;f77#b7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7;f77#b77 is amended-- 7#a7 by striking 7#b77;,a7 ,subject to subparagraph 7,b7 of this paragraph and inserting the following3 7#b7 ,disbursements 7,a7 ,in ,general ,subject to subparagraph 7,b7 2 and 7#b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,limitation ,no reimbursement may be made to any institution under this paragraph1 or to family or group day care home sponsoring organizations under paragraph 7#c71 for more than-- 7i7 #b meals and #a supplement or #a meal and #b supplements per day per child2 or 7ii7 #c meals and #a supplement or #b meals and #b supplements per day per child1 in the case of child care during which there are #h or more hours between the beginning of the first meal service period and the beginning of the fourth meal service period4 7,c7 ,study on third meal ,the ,secretary shall-- 7i7 not later than #b years after the date of enactment of this subparagraph1 conduct a study on-- 7,i7 the prevalence of third meal reimbursement by program operators2 7,,ii7 the role of the third meal in effectively supporting working families2 7,,iii7 the contribution of the third meal to the local economy2 and 7,,iv7 the contribution of the third meal to the economic viability of child care and afterschool programs1 including in rural areas2 7ii7 submit a report to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives on the findings of the study under clause 7i72 and 7iii7 based on those findings1 provide guidance to program operators-- 7,i7 to improve implementation of the program under this section2 7,,ii7 to maximize the utility of the third meal in supporting working families2 and 7,,iii7 to limit unnecessary costs to program operators and parents of participating children4 4 #e4 ,adjustments ,section #ag7;f77#c77;,a7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7;f77#c77;,a77 is amended by striking ,consumer ,price ,index for food at home each place it appears and inserting ,consumer ,price ,index for food away from home4 #f4 ,advisory committee on paperwork reduction ,section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 is amended by adding at the end the following3 7v7 ,advisory committee on paperwork reduction 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall establish an advisory committee 7referred to in this subsection as the ,advisory ,committee7-- 7,a7 to examine the feasibility of reducing unnecessary or duplicative paperwork resulting from regulations and recordkeeping requirements1 including paperwork resulting from additional ,state requirements1 for persons participating or seeking to participate in the program under this section1 including ,state agencies1 family child care homes1 child care centers1 and sponsoring organizations2 and 7,b7 to provide recommendations to the ,secretary to reduce paperwork for participants in the program under this section while ensuring that proper accountability and program integrity are maintained4 7#b7 ,membership ,the ,advisory ,committee shall be composed of not fewer than #ad members1 of whom-- 7,a7 #a shall be a representative of a public nonprofit center2 7,b7 #a shall be a representative of a private nonprofit center2 7,c7 #a shall be a representative of a family or group day care home2 7,d7 #a shall be a representative of a ,head ,start center2 7,e7 #a shall be a representative of a for-profit center2 7,f7 #a shall be a representative of an emergency shelter2 7,g7 #a shall be a representative of an adult day care center2 7,h7 #a shall be a representative of a ,state agency2 7,i7 #a shall be a representative of a sponsoring organization for any of the entities described in subparagraphs 7,a71 7,b71 7,d71 7,e71 7,f71 and 7,g72 7,j7 #a shall be a representative of a sponsoring organization of family or group day care homes2 7,k7 #a shall be a representative of an antihunger advocacy organization2 7,l7 #a shall be a representative of an at-risk after school program2 7,m7 #a shall be a representative of a child care advocacy organization2 and 7,n7 #a shall be a representative of an advocacy organization representing parents with young children4 7#c7 ,considerations ,in developing recommendations pursuant to paragraph 7#a77;,b71 the ,advisory ,committee shall consider-- 7,a7 information1 recommendations1 and reports from the ,paperwork ,reduction ,work ,group established by the ,food and ,nutrition ,service pursuant to section #aai7;i7 of the ,child ,nutrition and ,,wic ,reauthorization ,act of #bjjd 7#db ,u4,s4,c4 #agff note2 ,public ,law #ajh-bfe72 7,b7 the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants and program operators2 and 7,c7 duplicative requirements across multiple ,federal programs4 7#d7 ,guidance and regulations ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall issue guidance and1 as appropriate1 regulations1 based on the recommendations provided to the ,secretary under paragraph 7#a77;,b7-- 7,a7 to streamline and modernize applications for the program under this section2 and 7,b7 to streamline and modernize the monitoring and auditing of programmatic documentation and recordkeeping for the program under this section1 including by-- 7i7 eliminating the use of the enrollment form for the purpose of claiming meals2 7ii7 allowing the use of direct certification in all ,states2 7iii7 requiring ,states to accept as documentation digital forms1 digitized and electronic signatures1 and electronic records2 7iv7 allowing the use of electronic data collection systems containing all required ,federal standards for the program under this section2 7v7 addressing nonmandatory ,state-specific requirements2 and 7vi7 requiring the adoption of generally accepted technologies for client-facing technology1 virtual visits1 and technology used for administrative functions to reduce the burden on participants and program operators and administrators4 7#e7 ,report ,not later than #ahj days after carrying out paragraph 7#d71 the ,secretary shall submit a report to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives containing-- 7,a7 with respect to any recommendation of the ,advisory ,committee provided to the ,secretary under paragraph 7#a77;,b7 that the ,secretary did not implement1 an explanation for nonimplementation2 and 7,b7 recommendations for legislative action that may further-- 7i7 strengthen and streamline program application and monitoring processes2 and 7ii7 reduce administrative burdens on grantees1 program participants1 local and ,state ,governments1 and the ,federal ,government4 4