,,ii #aaith ,,congress #ast ,session ,s4 #addg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aj1 #bjbe,mr4 ,blumenthal 7for himself1 ,ms4 ,smith1 ,mr4 ,welch1 ,ms4 ,hirono1 ,mr4 ,sanders1 and ,mrs4 ,gillibrand7 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 ,act4 #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,b71 by inserting 7#db ,u4,s4,c4 #agga et seq47 after #aiff2 7#b7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting the clauses appropriately2 7#c7 in subparagraph 7,c7-- 7,a7 in clause 7ii71 by striking 7ii7 in the case of a sponsoring organization1 the organization shall employ and inserting the following3 7,,ii7 if the institution is a sponsoring organization1 employs 2 and 7,b7 by striking 7,c77i7 will provide and inserting the following3 7iii7 7,i7 will provide 2 7#d7 in subparagraph 7,d7-- 7,a7 by striking one employee1 the organization and inserting #a employee12 and 7,b7 by striking 7,d7 in the case of and inserting the following3 7iv7 if the institution is 2 7#e7 in subparagraph 7,e71 by striking 7,e7 in the case of a sponsoring organization1 the organization and inserting the following3 7v7 if the institution is a sponsoring organization1 2 7#f7 in subparagraph 7,f7-- 7,a7 by striking the date of the enactment of this subparagraph and inserting ,june #bj1 #bjjj12 7,b7 by striking the institution is bonded and inserting is bonded2 and 7,c7 by striking in the case of and inserting the following3 7vi7 if the institution is 2 7#g7 in the matter preceding clause 7i7 7as redesignated by paragraph 7#b77-- 7,a7 by striking it satisfies the following criteria3 and inserting the institution--2 and 7,b7 by striking ,no institution shall be and inserting the following3 7,a7 ,in general ,subject to subparagraph 7,b71 an institution shall not be 2 and 7#h7 by adding at the end the following3 7,b7 ,annual determination for certain institutions ,the eligibility of an institution described in paragraph 7#b77;,b7 shall be determined on an annual basis in accordance with this section4 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 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 review and issue guidance and1 as appropriate1 regulations regarding the serious deficiency process for the program under this section4 7ii7 ,review ,in carrying out clause 7i71 the ,secretary shall review1 at a minimum1 the processes for1 and the individuals involved in-- 7,i7 determining when there exists a serious deficiency with respect to an institution or a family or group day care home1 including-- 7aa7 the measures that will automatically result in a finding of serious deficiency2 and 7bb7 the means of differentiating 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 appealing and mediating a finding of serious deficiency with respect to an institution or a family or group day care home1 including-- 7aa7 findings relating to ,state-specific requirements2 and 7bb7 processes for ensuring that the officials involved in appeals and mediation are fair and impartial2 7,,iii7 determining the circumstances under which a corrective action plan is acceptable2 7,,iv7 the termination and disqualification of institutions1 family or group day care homes1 and individuals under this paragraph1 including maintenance of the list under subparagraph 7,e72 and 7,v7 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 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 ,state-specific requirements ,the ,secretary may not consider ,state-specific requirements in determining noncompliance or serious deficiency under this paragraph4 7iv7 ,guidance and regulations 7,i7 ,in general ,after conducting the review under clause 7i71 the ,secretary shall-- 7aa7 make findings from the information collected2 7bb7 issue guidance and1 as appropriate1 regulations from those findings that will-- 7,,aa7 streamline and modernize the program under this section2 and 7,,bb7 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 under this paragraph1 while retaining program integrity4 7,,ii7 ,scope ,the guidance and regulations issued pursuant to subclause 7,i7 shall include-- 7aa7 provisions to ensure clarity with respect to required measures for 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 from1 and not affiliated with1 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 regarding ,state agency requirements applicable to institutions or family or group day care homes that are in addition to applicable 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 on correction of the deficiency4 4 #d4 ,reimbursements for additional meals or snacks ,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 7#b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,limitation on number of meals ,no reimbursement may be made to an institution under this paragraph1 or to a family or group day care home sponsoring organization under paragraph 7#c71 for more than-- 7i7 #b meals and #a supplement1 or #a meal and #b supplements1 per day per child2 or 7ii7 #c meals and #a supplement1 or #b meals and #b supplements1 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 2 and 7#c7 by adding at the end the following3 7,d7 ,study on third meal ,the ,secretary shall-- 7i7 not later than #b years after the date of enactment of this subparagraph1 conduct a study regarding-- 7,i7 the prevalence of third-meal reimbursement by program operators2 and 7,,ii7 the contribution of such an additional meal to-- 7aa7 effectively supporting working families2 7bb7 local economies2 and 7cc7 the economic viability of child care and afterschool programs1 including in rural areas2 7ii7 submit to the ,committee on ,agriculture1 ,nutrition1 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 7i72 and 7iii7 based on the findings of the report under clause 7ii71 provide to program operators guidance-- 7,i7 to improve implementation of the program under this section2 7,,ii7 to maximize the utility of an additional 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 7a7 ,clerical amendments ,section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,f71 by striking subsection 7t7 and inserting subsection 7s72 and 7,b7 in paragraph 7#c71 by striking subsection 7r7 and inserting subsection 7q72 7#b7 in subsection 7c71 by moving paragraphs 7#e7 and 7#f7 so as to appear in numerical order2 7#c7 in subsection 7t77#a71 by striking ,stewart ,b4 ,mc,kinney and inserting ,mc,kinney-,vento2 7#d7 by redesignating subsections 7n71 7q71 7r71 7s71 7t71 and 7u7 as subsections 7u71 7p71 7q71 7r71 7s71 and 7t71 respectively1 and moving the subsections so as to appear in alphabetical order2 and 7#e7 in subsection 7u7 7as so redesignated71 by striking the subsection designation and all that follows through hereby and inserting the following3 7u7 ,authorization of appropriations ,there are 4 7b7 ,advisory committee ,section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 7as amended by subsection 7a77#d77 is amended by inserting after subsection 7m7 the following3 7n7 ,advisory committee on paperwork reduction 7#a7 ,establishment ,not later than #ahj days after the date of enactment of the ,early ,childhood ,nutrition ,improvement ,act1 the ,secretary shall establish an advisory committee 7referred to in this subsection as the ,advisory ,committee7 to carry out the duties described in paragraph 7#b74 7#b7 ,duties ,the duties of the ,advisory ,committee shall be-- 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 entities participating1 or seeking to participate1 in the program under this section1 including ,state agencies1 family child care homes1 child care centers1 and sponsoring organizations2 and 7,b7 to provide to the ,secretary recommendations to reduce the paperwork described in subparagraph 7,a7 for participants in the program under this section1 while ensuring that proper accountability and program integrity are maintained4 7#c7 ,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 the entities referred to 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 anti-hunger advocacy organization2 7,l7 #a shall be a representative of an at-risk1 afterschool 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#d7 ,considerations ,in developing recommendations under paragraph 7#b77;,b71 the ,advisory ,committee shall take into consideration-- 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#e7 ,guidance and regulations ,not later than #b years after the date of enactment of the ,early ,childhood ,nutrition ,improvement ,act1 the ,secretary shall issue guidance and1 as appropriate1 regulations based on the recommendations described in paragraph 7#b77;,b7 for streamlined and consolidated paperwork and recordkeeping requirements for the program under this section1 including recommendations and actions carried out to reduce paperwork for parents and program operators by streamlining and modernizing-- 7,a7 applications2 and 7,b7 the monitoring and auditing of programmatic documentation and recordkeeping1 including-- 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 child and adult care food program standards2 7v7 addressing nonmandated ,state-specific requirements2 and 7vi7 requiring the adoption of generally accepted technologies for client-facing technology1 virtual visits1 and technology used for administrative functions by the program to reduce the burden on participants and program operators and administrators4 7#f7 ,report ,not later than #ahj days after the date on which guidance or regulations are issued under paragraph 7#e71 the ,secretary shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,education and ,workforce of the ,house of ,representatives a report containing-- 7,a7 for each instance in which the ,secretary did not implement a recommendation of the ,advisory ,committee1 an explanation regarding why the recommendation was not implemented2 and 7,b7 additional recommendations with respect to legislative action that may-- 7i7 strengthen and streamline the application and monitoring process of the program under this section2 and 7ii7 reduce administrative burdens on grantees1 program participants1 the ,federal ,government1 and ,state and local governments4 4