II 

114TH CONGRESS 

1ST SESSION S. 1833 

To amend the Richard B. Russell National School Lunch Act to improve 

the child and adult care food program. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2015 

Mr. CASEY 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. 

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 ‘‘Access to Healthy 

5 Food for Young Children Act’’. 

6 SEC. 2. CHILD AND ADULT FOOD CARE PROGRAM. 

7 (a) IN GENERAL.—Section 17 of the Richard B. Rus8 sell National School Lunch Act (42 U.S.C. 1766) is 

9 amended— 

10 (1) in subsection (c)— 


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1 (A) in paragraph (1), by striking ‘‘the 

2 same as’’ and inserting ‘‘10 cents more than’’; 

3 (B) in paragraph (2), by striking ‘‘the 

4 same as’’ and inserting ‘‘10 cents more than’’; 

5 (C) in paragraph (3)— 

6 (i) by striking ‘‘30 cents’’ and insert7 ing ‘‘94 cents’’; and 

8 (ii) by striking ‘‘2.75 cents’’ and in9 serting ‘‘17 cents’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(7) STREAMLINING PROGRAM PAPERWORK IN

12 HIGH POVERTY AREAS.— 

13 ‘‘(A) DEFINITIONS.—In this paragraph: 

14 ‘‘(i) ELIGIBLE CHILD CARE CEN15 TER.—The term ‘eligible child care center’ 

16 means a child care center with at least 50 

17 percent or more of children in care quali18 fying for free or reduced price meals or 

19 categorical eligibility. 

20 ‘‘(ii) NONPRICING PROGRAM.—The 

21 term ‘nonpricing program’ means a pro22 gram under which an eligible child center 

23 serves to all children in care at the center 

24 meals and supplements under this section 

25 without charge. 


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1 ‘‘(B) ELECTION OF SPECIAL PAYMENTS.— 

2 ‘‘(i) IN GENERAL.—An eligible child 

3 care center may elect to receive special 

4 payments under this paragraph in lieu of 

5 payments otherwise made available under 

6 this section based on applications for free 

7 and reduced price meals and supplements 

8 if— 

9 ‘‘(I) subject to clause (ii), during 

10 the 4 consecutive fiscal years begin11 ning after the date of the election, the 

12 eligible child care center elects to op13 erate as a nonpricing program; 

14 ‘‘(II) the eligible child care center 

15 pays, from sources other than funds 

16 made available to carry out the pro17 gram under this section, the costs of 

18 serving the meals and supplements 

19 that are in excess of the value of as20 sistance received under this Act; and 

21 ‘‘(III) during the fiscal year in 

22 which the election under this clause is 

23 made, the eligible child care center 

24 had a percentage of enrolled children 


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1 that meets or exceeds the threshold 

2 described in subparagraph (A)(i). 

3 ‘‘(ii) ELECTION TO STOP RECEIVING

4 PAYMENTS.—An eligible child care center 

5 may elect to stop receiving special pay6 ments under this paragraph for the fol7 lowing fiscal year by notifying the State 

8 agency not later than June 30 of the cur9 rent fiscal year of the intention to stop re10 ceiving the special payments. 

11 ‘‘(C) FIRST YEAR OF OPTION.— 

12 ‘‘(i) IN GENERAL.—For each month 

13 of the first fiscal year of the 4-year period 

14 during which an eligible child care center 

15 elects to receive special payments under 

16 this paragraph, special payments at the 

17 rate for free meals shall be made under 

18 this subparagraph for all reimbursable 

19 meals served at the eligible child care cen20 ter. 

21 ‘‘(ii) CALCULATION.—Special pay22 ments under clause (i) shall be calculated 

23 using a blended per-meal rate based on a 

24 formula that multiplies national average 


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1 payment rates by claiming percentages for 

2 free, reduced price, and paid meals. 

3 ‘‘(D) SECOND, THIRD, AND FOURTH YEARS

4 OF OPTION.— 

5 ‘‘(i) IN GENERAL.—For each month 

6 of the second, third, and fourth fiscal years 

7 of the 4-year period during which an eligi8 ble child care center elects to receive spe9 cial payments under this paragraph, spe10 cial payments at the blended rate estab11 lished in the first year of the option under 

12 subparagraph (C) shall be made under this 

13 subparagraph for all reimbursable meals 

14 served at the eligible child care center. 

15 ‘‘(ii) CALCULATION.—Special pay16 ments under clause (i) shall be equal to the 

17 product obtained by multiplying— 

18 ‘‘(I) the applicable blended per19 meal rate; by 

20 ‘‘(II) the number of meals and 

21 snacks served.’’; 

22 (2) in subsection (f)— 

23 (A) in paragraph (2)— 


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1 (i) by striking ‘‘(2)(A) Subject to sub2 paragraph (B) of this paragraph’’ and in3 serting the following: 

4 ‘‘(2) DISBURSEMENTS.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B)’’; 

7 (ii) by striking subparagraph (B) and 

8 inserting the following: 

9 ‘‘(B) LIMITATION.—No reimbursement 

10 may be made to any institution under this para11 graph, or to family or group day care home 

12 sponsoring organizations under paragraph (3), 

13 for more than— 

14 ‘‘(i) 2 meals and 1 supplement per 

15 day per child; 

16 ‘‘(ii) 1 meal and 2 supplements per 

17 day per child; or 

18 ‘‘(iii) 3 meals and 1 supplement per 

19 day per child, for each child that is main20 tained in a child care setting for 8 or more 

21 hours per day.’’; and 

22 (iii) in subparagraph (C), by adding 

23 at the end the following: 

24 ‘‘(iii) CARRYOVER FUNDS.—The Sec25 retary shall develop procedures under 


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1 which not more than 10 percent of the 

2 amount reserved by sponsoring organiza3 tions under clause (i) for administrative 

4 expenses for a fiscal year may remain 

5 available for obligation or expenditure in 

6 the succeeding fiscal year.’’; and 

7 (B) in paragraph (3)— 

8 (i) in subparagraph (A)— 

9 (I) in clause (ii)— 

10 (aa) in subclause (I), by 

11 striking ‘‘50 percent’’ each place 

12 it appears in items (aa) and (bb) 

13 and inserting ‘‘40 percent’’; and 

14 (bb) in subclause (III)— 

15 (AA) by striking ‘‘Ex16 cept as provided in sub17 clause (IV),’’ and inserting 

18 the following: 

19 ‘‘(aa) IN GENERAL.—Except 

20 as provided in item (bb) and sub21 clause (IV),’’; and 

22 (BB) by adding at the 

23 end the following: 

24 ‘‘(bb) ADDITIONAL REIM25 BURSEMENT.—Effective July 1, 


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1 2016, the reimbursement factor 

2 for each meal and supplement 

3 under this subparagraph shall be 

4 increased by 10 cents per child 

5 served.’’; and 

6 (II) in clause (iii)(I)(aa), by 

7 striking ‘‘the reimbursement factors 

8 shall be’’ and all that follows through 

9 ‘‘supplements’’ and inserting ‘‘the re10 imbursement factors shall be $1.05 

11 for meals other than breakfast, 37 

12 cents for breakfasts, and 23 cents for 

13 supplements’’; and 

14 (ii) in subparagraph (B)— 

15 (I) in clause (i)— 

16 (aa) by redesignating sub17 clauses (I) and (II) as items (aa) 

18 and (bb), respectively, and in19 denting appropriately; 

20 (bb) by striking ‘‘(i) IN GEN21 ERAL.—In addition’’ and insert22 ing the following: 

23 ‘‘(i) REIMBURSEMENT AMOUNT.— 

24 ‘‘(I) IN GENERAL.—Subject to 

25 subclause (II), in addition’’; and 


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1 (cc) by adding at the end 

2 the following: 

3 ‘‘(II) ADDITIONAL REIMBURSE4 MENT.—Effective July 1, 2016, the 

5 reimbursement factor for administra6 tive expenses as calculated under sub7 clause (I) shall be increased by $5.00 

8 per month for each family or group 

9 day care home of the sponsoring orga10 nization.’’; and 

11 (II) in clause (ii), by inserting 

12 before the period at the end ‘‘, except 

13 that no negative adjustments shall be 

14 made’’; and 

15 (3) in subsection (n)— 

16 (A) by striking ‘‘(n) There are hereby’’ and 

17 inserting the following: 

18 ‘‘(n) FUNDING.— 

19 ‘‘(1) IN GENERAL.—There are’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(2) IMPLEMENTATION FUNDING.— 

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graphs (B) and (C), the Secretary shall make 

24 funds available to State agencies administering 

25 the child and adult food care program for State 


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1 and sponsoring organization activities relating 

2 to training, technical assistance, and oversight 

3 activities for the implementation of the revised 

4 child and adult care food program meal pattern 

5 pursuant to subsection (g)(2)(B) and activities 

6 to increase participation in the child and adult 

7 care food program. 

8 ‘‘(B) PROVISION OF FUNDS.—The Sec9 retary shall provide funds described in subpara10 graph (A) to State agencies administering the 

11 program under this section in a manner propor12 tional to the administrative expense allocation 

13 of each State agency during the preceding fiscal 

14 year. 

15 ‘‘(C) DISTRIBUTION.—Subject to subpara16 graphs (A) and (B), each State agency admin17 istering the program under this section shall 

distribute not less than 1 18 ⁄2 of the funds received 

19 under this paragraph to sponsoring organiza20 tions in the State. 

21 ‘‘(D) FUNDING.— 

22 ‘‘(i) IN GENERAL.—For each of the 

23 fiscal year during which the implementing 

24 regulations for the revised child and adult 

25 care food program meal pattern pursuant 


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1 to subsection (g)(2)(B) become final regu2 lations, and the subsequent fiscal year, the 

3 Secretary shall use $50,000,000 of funds 

4 made available under section 3 to make 

5 payments to States as described in sub6 paragraph (A). 

7 ‘‘(ii) RESERVATION.—In providing 

8 funds to States under clause (i), the Sec9 retary may reserve not more than 

10 $3,000,000 per fiscal year to support Fed11 eral administrative activities to carry out 

12 this paragraph. 

13 ‘‘(3) REVISED MEAL PATTERN FUNDING.— 

14 ‘‘(A) IN GENERAL.—On October 1, 2015, 

15 and October 1, 2016, out of any funds in the 

16 Treasury not otherwise appropriated, the Sec17 retary of the Treasury shall transfer to the Sec18 retary $10,000,000, to remain available until 

19 expended— 

20 ‘‘(i) to provide training, technical as21 sistance, and oversight for the implementa22 tion of the revised child and adult care 

23 food program meal pattern pursuant to 

24 subsection (g)(2)(B); 


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1 ‘‘(ii) to promote health and wellness 

2 through activities conducted pursuant to 

3 subsection (u); and 

4 ‘‘(iii) to increase participation in the 

5 program under this section.’’. 

6 (b) STUDY ON NUTRITION AND WELLNESS QUALITY

7 OF CHILD CARE SETTINGS.—Section 223(c)(1) of the 

8 Healthy, Hunger-Free Kids Act of 2010 (Public Law 

9 111–296; 124 Stat. 3229) is amended by inserting ‘‘and 

10 October 1, 2016,’’ after ‘‘2010,’’. 

11 (c) REDUCING PAPERWORK AND IMPROVING PRO12 GRAM ADMINISTRATION.— 

13 (1) DEFINITION OF PROGRAM.—In this sub14 section, the term ‘‘program’’ means the child and 

15 adult care food program established under section 

16 17 of the Richard B. Russell National School Lunch 

17 Act (42 U.S.C. 1766). 

18 (2) ESTABLISHMENT.—The Secretary, in con19 junction with States and participating institutions, 

20 shall continue to examine the feasibility of reducing 

21 unnecessary or duplicative paperwork resulting from 

22 regulations and recordkeeping requirements for 

23 State agencies, institutions, family and group day 

24 care homes, and sponsored centers participating in 

25 the program. 


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1 (3) DUTIES.—At a minimum, the examination 

2 shall include— 

3 (A) review and evaluation of the rec4 ommendations, guidance, and regulatory prior5 ities developed and issued to comply with sec6 tion 336 of the Healthy, Hunger-Free Kids Act 

7 of 2010 (42 U.S.C. 1766 note; Public Law 

8 111–296); 

9 (B) examination of additional paperwork 

10 and administrative requirements that have been 

11 established since January 1, 2016; and 

12 (C) examination of the additional paper13 work and administrative burdens that could be 

14 reduced by the effective use of technology. 

15 (4) ADDITIONAL DUTIES.—The Secretary, in 

16 conjunction with States and institutions partici17 pating in the program, may also examine any aspect 

18 of administration of the program. 

19 (5) REPORT.—Not later than 4 years after the 

20 date of enactment of this Act, the Secretary shall 

21 submit to Congress a report that describes the ac22 tions that have been taken to carry out this section, 

23 including— 

24 (A) actions taken to address administrative 

25 and paperwork burdens identified; 


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1 (B) additional steps that the Secretary is 

2 taking or plans to take to address any adminis3 trative and paperwork burdens identified under 

4 paragraph (3), including— 

5 (i) new or updated regulations, policy, 

6 guidance, or technical assistance; and 

7 (ii) a timeframe for the completion of 

8 those steps; and 

9 (C) recommendations to Congress for 

10 modifications to existing statutory authorities 

11 needed to address identified administrative and 

12 paperwork burdens. 

Æ 


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