II 

118TH CONGRESS 

2D SESSION S. 4002 

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 

MARCH 20, 2024 

Mr. CASEY (for himself, Mr. BLUMENTHAL, Mr. FETTERMAN, Mr. REED, and 

Mr. SANDERS) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Early Childhood Nutri5 tion Improvement Act of 2024’’. 

6 SEC. 2. ELIGIBILITY CERTIFICATION CRITERIA FOR PRO7 PRIETARY CHILD CARE CENTERS. 

8 Section 17(a)(6) of the Richard B. Russell National 

9 School Lunch Act (42 U.S.C. 1766(a)(6)) is amended— 


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1 (1) in subparagraph (C), by redesignating 

2 clauses (i) and (ii) as subclauses (I) and (II), respec3 tively, and indenting appropriately; 

4 (2) by redesignating subparagraphs (A) through 

5 (F) as clauses (i) through (vi), respectively, and in6 denting appropriately; 

7 (3) in the matter preceding clause (i) (as so re8 designated), by striking ‘‘No institution shall be eli9 gible to participate in the program unless it satisfies 

10 the following criteria:’’ and inserting the following: 

11 ‘‘(A) IN GENERAL.—No institution shall be 

12 eligible to participate in the program unless the 

13 institution—’’; 

14 (4) in subparagraph (A) (as so designated)— 

15 (A) in clause (iii)(II) (as so redesignated), 

16 by striking ‘‘the organization shall employ’’ and 

17 inserting ‘‘employs’’; 

18 (B) in clause (iv) (as so redesignated), by 

19 striking ‘‘the organization’’ before ‘‘does not 

20 base’’; 

21 (C) in clause (v) (as so redesignated), by 

22 striking ‘‘the organization’’ before ‘‘has in ef23 fect’’; and 


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1 (D) in clause (vi) (as so redesignated), by 

2 striking ‘‘the institution’’ before ‘‘is bonded’’; 

3 and 

4 (5) by adding at the end the following: 

5 ‘‘(B) ANNUAL ELIGIBILITY FOR PRIVATE

6 ORGANIZATIONS PROVIDING NONRESIDENTIAL

7 CHILD CARE OR DAY CARE OUTSIDE SCHOOL

8 HOURS.—The eligibility of an institution de9 scribed in paragraph (2)(B) shall be determined 

10 on an annual basis.’’. 

11 SEC. 3. REVIEW OF SERIOUS DEFICIENCY PROCESS. 

12 Section 17(d)(5) of the Richard B. Russell National 

13 School Lunch Act (42 U.S.C. 1766(d)(5)) is amended— 

14 (1) in subparagraph (B)— 

15 (A) by redesignating clauses (i) and (ii) as 

16 subclauses (I) and (II), respectively, and in17 denting appropriately; 

18 (B) in the matter preceding subclause (I) 

19 (as so redesignated), by striking ‘‘Procedures 

20 established pursuant to’’ and inserting the fol21 lowing: 

22 ‘‘(i) IN GENERAL.—Procedures estab23 lished under’’; and 

24 (i) by adding at the end the following: 


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1 ‘‘(ii) STATE-SPECIFIC REQUIREMENTS

2 NOT CONSIDERED.—Under procedures es3 tablished under subparagraph (A), the Sec4 retary may not consider State-specific re5 quirements in determining noncompliance 

6 or serious deficiency with respect to an in7 stitution under this section.’’; 

8 (2) in subparagraph (C), in the matter pre9 ceding clause (i), by striking ‘‘pursuant to’’ and in10 serting ‘‘under’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(F) SERIOUS DEFICIENCY PROCESS.— 

13 ‘‘(i) IN GENERAL.—Not later than 1 

14 year after the date of enactment of this 

15 subparagraph, the Secretary shall— 

16 ‘‘(I) review the serious deficiency 

17 process for the program under this 

18 section; and 

19 ‘‘(II) issue guidance and, as ap20 propriate, regulations based on that 

21 review. 

22 ‘‘(ii) REVIEW.—Under clause (i)(I), 

23 the Secretary shall review, at a min24 imum— 


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1 ‘‘(I) the processes relating to de2 termining a serious deficiency with re3 spect to an institution or a family or 

4 group day care home, including— 

5 ‘‘(aa) which measures auto6 matically result in a finding of 

7 serious deficiency; and 

8 ‘‘(bb) how to differentiate 

9 between— 

10 ‘‘(AA) a reasonable 

11 margin of human error and 

12 systematic or intentional 

13 noncompliance; and 

14 ‘‘(BB) State-specific re15 quirements and Federal reg16 ulations; 

17 ‘‘(II) the processes relating to ap18 pealing and mediating a finding of se19 rious deficiency with respect to an in20 stitution or a family or group day care 

21 home, including— 

22 ‘‘(aa) findings related to 

23 State-specific requirements; and 


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1 ‘‘(bb) processes for ensuring 

2 officials involved in appeals and 

3 mediation are fair and impartial; 

4 ‘‘(III) the processes relating to 

5 determining the circumstances under 

6 which a corrective action plan is ac7 ceptable; 

8 ‘‘(IV) the processes relating to 

9 termination, suspension, and disquali10 fication under the program, including 

11 maintenance of the list under sub12 paragraph (E); and 

13 ‘‘(V) opportunities for strength14 ening the processes intended to reduce 

15 additional State agency requirements 

16 on institutions or family or group day 

17 care homes that are in addition to 

18 those required under Federal law, in19 cluding— 

20 ‘‘(aa) State evaluation of 

21 practices used at the time of re22 view; 

23 ‘‘(bb) regional approval of 

24 those additional State agency re25 quirements; and 


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1 ‘‘(cc) oversight through the 

2 management evaluation process. 

3 ‘‘(iii) GUIDANCE AND REGULA4 TIONS.— 

5 ‘‘(I) IN GENERAL.—Guidance 

6 and regulations, as applicable, issued 

7 under clause (i)(II) shall— 

8 ‘‘(aa) streamline and mod9 ernize the program under this 

10 section; 

11 ‘‘(bb) reduce the paperwork 

12 burden on parents; and 

13 ‘‘(cc) assist sponsoring orga14 nizations, State agencies, and the 

15 Food and Nutrition Service in 

16 ensuring a fair, uniform, and ef17 fective administration of the seri18 ous deficiency process while re19 taining program integrity. 

20 ‘‘(II) SCOPE.—Guidance and reg21 ulations, as applicable, issued under 

22 clause (i)(II) shall include— 

23 ‘‘(aa) clarity on the meas24 ures required to determine non25 compliance, including— 


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1 ‘‘(AA) an allowance for 

2 a reasonable margin of 

3 human error; and 

4 ‘‘(BB) a distinction be5 tween a reasonable margin 

6 of human error and system7 atic or intentional non8 compliance; 

9 ‘‘(bb) a formal appeals and 

10 mediation process that— 

11 ‘‘(AA) is conducted by 

12 a trained official who is 

13 independent from and not 

14 affiliated with any person or 

15 agency involved in the deter16 mination being appealed or 

17 mediated; 

18 ‘‘(BB) provides an op19 portunity for a fair hearing 

20 for any institution or family 

21 or group day care home de22 termined to have a serious 

23 deficiency finding or inad24 equate corrective action 

25 plan; and 


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1 ‘‘(CC) provides for the 

2 evaluation and resolution of 

3 disputes over State agency 

4 requirements for institutions 

5 or family or group day care 

6 homes that are in addition 

7 to requirements under Fed8 eral law; 

9 ‘‘(cc) timeframes for accept10 able corrective action plans for 

11 group or family day care homes 

12 that are consistent with correc13 tive action timeframes for child 

14 care centers; and 

15 ‘‘(dd) a process to dismiss a 

16 serious deficiency upon correction 

17 of that serious deficiency.’’. 

18 SEC. 4. AUTHORIZATION OF REIMBURSEMENTS FOR ADDI19 TIONAL MEAL OR SNACK. 

20 Section 17(f)(2) of the Richard B. Russell National 

21 School Lunch Act (42 U.S.C. 1766(f)(2)) is amended— 

22 (1) by striking ‘‘(2)(A) Subject to subparagraph 

23 (B) of this paragraph’’ and inserting the following: 

24 ‘‘(2) DISBURSEMENTS.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B)’’; and 

3 (2) by striking subparagraph (B) and inserting 

4 the following: 

5 ‘‘(B) LIMITATION.—No reimbursement 

6 may be made to any institution under this para7 graph, or to family or group day care home 

8 sponsoring organizations under paragraph (3), 

9 for more than— 

10 ‘‘(i) 2 meals and 1 supplement or 1 

11 meal and 2 supplements per day per child; 

12 or 

13 ‘‘(ii) 3 meals and 1 supplement or 2 

14 meals and 2 supplements per day per 

15 child, in the case of child care during 

16 which there are 8 or more hours between 

17 the beginning of the first meal service pe18 riod and the beginning of the fourth meal 

19 service period. 

20 ‘‘(C) STUDY ON THIRD MEAL.—The Sec21 retary shall— 

22 ‘‘(i) not later than 2 years after the 

23 date of enactment of this subparagraph, 

24 conduct a study on— 


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1 ‘‘(I) the prevalence of third meal 

2 reimbursement by program operators; 

3 ‘‘(II) the role of the third meal in 

4 effectively supporting working fami5 lies; 

6 ‘‘(III) the contribution of the 

7 third meal to the local economy; and 

8 ‘‘(IV) the contribution of the 

9 third meal to the economic viability of 

10 child care and afterschool programs, 

11 including in rural areas; 

12 ‘‘(ii) submit a report to the Com13 mittee on Agriculture, Nutrition, and For14 estry of the Senate and the Committee on 

15 Education and the Workforce of the House 

16 of Representatives on the findings of the 

17 study under clause (i); and 

18 ‘‘(iii) based on those findings, provide 

19 guidance to program operators— 

20 ‘‘(I) to improve implementation 

21 of the program under this section; 

22 ‘‘(II) to maximize the utility of 

23 the third meal in supporting working 

24 families; and 


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1 ‘‘(III) to limit unnecessary costs 

2 to program operators and parents of 

3 participating children.’’. 

4 SEC. 5. ADJUSTMENTS. 

5 Section 17(f)(3)(A) of the Richard B. Russell Na6 tional School Lunch Act (42 U.S.C. 1766(f)(3)(A)) is 

7 amended by striking ‘‘Consumer Price Index for food at 

8 home’’ each place it appears and inserting ‘‘Consumer 

9 Price Index for food away from home’’. 

10 SEC. 6. ADVISORY COMMITTEE ON PAPERWORK REDUC11 TION. 

12 Section 17 of the Richard B. Russell National School 

13 Lunch Act (42 U.S.C. 1766) is amended by adding at the 

14 end the following: 

15 ‘‘(v) ADVISORY COMMITTEE ON PAPERWORK REDUC16 TION.— 

17 ‘‘(1) ESTABLISHMENT.—Not later than 180 

18 days after the date of enactment of this subsection, 

19 the Secretary shall establish an advisory committee 

20 (referred to in this subsection as the ‘Advisory Com21 mittee’)— 

22 ‘‘(A) to examine the feasibility of reducing 

23 unnecessary or duplicative paperwork resulting 

24 from regulations and recordkeeping require25 ments, including paperwork resulting from adVerDate Sep 11 2014 05:22 Apr 03, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4002.IS S4002

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1 ditional State requirements, for persons partici2 pating or seeking to participate in the program 

3 under this section, including State agencies, 

4 family child care homes, child care centers, and 

5 sponsoring organizations; and 

6 ‘‘(B) to provide recommendations to the 

7 Secretary to reduce paperwork for participants 

8 in the program under this section while ensur9 ing that proper accountability and program in10 tegrity are maintained. 

11 ‘‘(2) MEMBERSHIP.—The Advisory Committee 

12 shall be composed of not fewer than 14 members, of 

13 whom— 

14 ‘‘(A) 1 shall be a representative of a public 

15 nonprofit center; 

16 ‘‘(B) 1 shall be a representative of a pri17 vate nonprofit center; 

18 ‘‘(C) 1 shall be a representative of a family 

19 or group day care home; 

20 ‘‘(D) 1 shall be a representative of a Head 

21 Start center; 

22 ‘‘(E) 1 shall be a representative of a for23 profit center; 

24 ‘‘(F) 1 shall be a representative of an 

25 emergency shelter; 


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1 ‘‘(G) 1 shall be a representative of an 

2 adult day care center; 

3 ‘‘(H) 1 shall be a representative of a State 

4 agency; 

5 ‘‘(I) 1 shall be a representative of a spon6 soring organization for any of the entities de7 scribed in subparagraphs (A), (B), (D), (E), 

8 (F), and (G); 

9 ‘‘(J) 1 shall be a representative of a spon10 soring organization of family or group day care 

11 homes; 

12 ‘‘(K) 1 shall be a representative of an 

13 antihunger advocacy organization; 

14 ‘‘(L) 1 shall be a representative of an at15 risk after school program; 

16 ‘‘(M) 1 shall be a representative of a child 

17 care advocacy organization; and 

18 ‘‘(N) 1 shall be a representative of an ad19 vocacy organization representing parents with 

20 young children. 

21 ‘‘(3) CONSIDERATIONS.—In developing rec22 ommendations pursuant to paragraph (1)(B), the 

23 Advisory Committee shall consider— 

24 ‘‘(A) information, recommendations, and 

25 reports from the Paperwork Reduction Work 


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1 Group established by the Food and Nutrition 

2 Service pursuant to section 119(i) of the Child 

3 Nutrition and WIC Reauthorization Act of 

4 2004 (42 U.S.C. 1766 note; Public Law 108– 

5 265); 

6 ‘‘(B) the use of electronic systems and rec7 ordkeeping technologies to reduce paperwork 

8 for program participants and program opera9 tors; and 

10 ‘‘(C) duplicative requirements across mul11 tiple Federal programs. 

12 ‘‘(4) GUIDANCE AND REGULATIONS.—Not later 

13 than 2 years after the date of enactment of this sub14 section, the Secretary shall issue guidance and, as 

15 appropriate, regulations, based on the recommenda16 tions provided to the Secretary under paragraph 

17 (1)(B)— 

18 ‘‘(A) to streamline and modernize applica19 tions for the program under this section; and 

20 ‘‘(B) to streamline and modernize the 

21 monitoring and auditing of programmatic docu22 mentation and recordkeeping for the program 

23 under this section, including by— 


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1 ‘‘(i) eliminating the use of the enroll2 ment form for the purpose of claiming 

3 meals; 

4 ‘‘(ii) allowing the use of direct certifi5 cation in all States; 

6 ‘‘(iii) requiring States to accept as 

7 documentation digital forms, digitized and 

8 electronic signatures, and electronic 

9 records; 

10 ‘‘(iv) allowing the use of electronic 

11 data collection systems containing all re12 quired Federal standards for the program 

13 under this section; 

14 ‘‘(v) addressing nonmandatory State15 specific requirements; and 

16 ‘‘(vi) requiring the adoption of gen17 erally accepted technologies for client-fac18 ing technology, virtual visits, and tech19 nology used for administrative functions to 

20 reduce the burden on participants and pro21 gram operators and administrators. 

22 ‘‘(5) REPORT.—Not later than 180 days after 

23 carrying out paragraph (4), the Secretary shall sub24 mit a report to the Committee on Agriculture, Nu25 trition, and Forestry of the Senate and the ComVerDate Sep 11 2014 05:22 Apr 03, 2024 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4002.IS S4002

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1 mittee on Education and the Workforce of the 

2 House of Representatives containing— 

3 ‘‘(A) with respect to any recommendation 

4 of the Advisory Committee provided to the Sec5 retary under paragraph (1)(B) that the Sec6 retary did not implement, an explanation for 

7 nonimplementation; and 

8 ‘‘(B) recommendations for legislative ac9 tion that may further— 

10 ‘‘(i) strengthen and streamline pro11 gram application and monitoring processes; 

12 and 

13 ‘‘(ii) reduce administrative burdens on 

14 grantees, program participants, local and 

15 State Governments, and the Federal Gov16 ernment.’’. 

Æ 


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