Sec. 108. Child and adult care food program
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Section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) is amended— in subsection (a)— in paragraph (2)— in subparagraph (B), in the matter preceding clause (i), by striking if and inserting if, during the month preceding the date of submission of the applicable initial application or reapplication ; in subparagraph (E), by striking and at the end; in subparagraph (F), by striking the period at the end and inserting a semicolon; and by adding at the end the following: any public or licensed nonprofit private residential child care institution (as defined in subsection (v)(1)) that is not concurrently receiving reimbursement under the school lunch program under this Act or the school breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ); and any boarding school funded by the Bureau of Indian Education that is not concurrently receiving reimbursements under such school lunch program or school breakfast program. ; and in paragraph (3), by striking subsection
(r)and inserting subsections
(r)and
(v); and by adding at the end the following: With respect to an institution described in paragraph (2)(B), an eligibility determination under this subsection shall remain in effect for a period of 4 months after the date such institution is approved by the State under subsection (d). ; in subsection (b), by striking For the fiscal year ending September 30, 1979, and for each subsequent fiscal year, the and inserting The ; in subsection (d)— in paragraph (4)— by striking In consultation and inserting the following: In consultation ; and by adding at the end the following: Each sponsoring organization shall, on an annual basis, submit to the applicable State agency a report that describes, with respect to the preceding fiscal year— the expenditures of program funds by the sponsoring organization; and the amount of meal reimbursements retained by the sponsoring organization for administrative costs, if applicable. ; and in paragraph (5), by adding at the end the following: Not later than 1 year after the date of the enactment of the Improving Child Nutrition and Education Act of 2016 , the Secretary shall review the serious deficiency process for the program under this section. In carrying out clause (i), the Secretary shall review the processes for, and those involved in— a finding of serious deficiency, including— what measures automatically result in a finding of serious deficiency; and how differentiation is being made between— a reasonable margin of human error and systematic or intentional noncompliance; and State-specific requirements and Federal law and regulations, if applicable; appeals and mediation in any case in which there is a finding of serious deficiency; determining the circumstances under which a corrective action plan is acceptable; information sharing between Departments of Agriculture and Health and Human Services; and termination and disqualification, including maintenance of the list under subparagraph (E). After conducting the review under this subparagraph, the Secretary shall use findings from such review to assist sponsoring organizations, State agencies, and the Food and Nutrition Service in ensuring a fair, uniform, and effective administration of the serious deficiency process, while retaining program integrity, by issuing guidance, and, as appropriate, regulations, on the following: Clarity on the different measures for noncompliance. Parameters for an appeals process to review a finding of serious deficiency or a determination that a corrective action plan is inadequate. Adequate timeframes under a corrective action plan for compliance that are consistent for all types of institutions participating in the program, including family or group day care homes. Within such guidance or regulation, and as soon as practicable, the Secretary shall ensure information about findings are shared with the Secretary of Health and Human Services as to allow for maximum health, safety, oversight, and monitoring of participating child care and Head Start facilities. ; in subsection (f)— in paragraph (2)(C), by adding at the end the following: Not more than 10 percent of the amount reserved by sponsoring organizations under clause
(i)for administrative expenses for a fiscal year may remain available for obligation or expenditure in the succeeding fiscal year for administrative purposes. ; and in paragraph (3)— by striking subparagraph (C); and by redesignating subparagraphs
(D)and
(E)as subparagraphs
(C)and (D), respectively; in subsection (g), by striking paragraph
(6)and inserting the following: To the maximum extent practicable, each institution shall use in its food service foods that are donated by the Secretary. ; in subsection (h)(1), by adding at the end the following: Subject to clause (ii), institutions participating in the program under this section may engage with State agencies and local educational agencies to use existing infrastructure to enhance the use of, and increase access to, donated commodities. Nothing in this subparagraph shall compel a local educational agency unwillingly to serve any institution participating in the program under this section. ; in subsection (i)(2)(B)(i), by striking if the State agency demonstrates and all that follows through the period at the end and inserting if the State agency demonstrates that the State agency can use funds to improve program management, oversight, and integrity, including by working with other State agencies involved with the monitoring of institutions under this section in order to streamline and coordinate the efforts of such State agencies. ; in subsection (r), by striking paragraphs
(5)and (6); in subsection (s)(2)(C), by striking parents of enrolled children at enrollment and inserting parents or legal guardians of enrolled children in an easily accessible manner ; in subsection (u)(3)— in subparagraph (C)(i), by inserting for distribution to participants and families of participants after nutrition education ; and in subparagraph (H), by adding at the end the following: The Secretary shall return to the general fund of the Treasury any funds that were— made available under this subparagraph; and not obligated as of the date of the enactment of the Improving Child Nutrition and Education Act of 2016 . ; and by adding at the end the following: In this subsection, the term residential child care institution means any public or nonprofit private residential child care institution, or distinct part of such an institution, that— operates principally for the care of children; and if private, is licensed to provide residential child care services under the appropriate licensing code by the State or local agency. Except as otherwise provided in this subsection, a residential child care institution shall be considered eligible for reimbursement for meals and supplements served to eligible children residing at the residential child care institution, so long as the institution does not simultaneously participate in the school lunch program under this Act or the school breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). A residential child care institution may claim reimbursement under this section— only for a meal or supplement served to children residing at the residential child care institution, who are— not more than 18 years of age; or children with disabilities; and for not more than— 1 breakfast, 1 lunch, and 1 supplement per child per day; or 1 breakfast, 1 supper, and 1 supplement per child per day. A meal or supplement eligible for reimbursement under this subsection shall be reimbursed at the rate at which free, reduced price, and paid meals and supplements, respectively, are reimbursed under subsection (c). . Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish and convene an advisory committee— to examine the feasibility of reducing unnecessary or duplicative paperwork resulting from regulations and recordkeeping requirements, including paperwork resulting from additional State requirements, for individuals and entities participating or seeking to participate in the child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) (as amended by subsection (a)), including (within the meaning of that Act ( 42 U.S.C. 1751 et seq. ))— State agencies; family child care homes; child care centers; sponsoring organizations; and families. to provide recommendations to reduce unnecessary or duplicative paperwork for those program participants while ensuring that proper accountability and program integrity are maintained. The advisory committee under this subsection shall include representation from each of the following (within the meaning of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), as applicable): Public and private nonprofit organizations. Home-based day care providers. Head Start centers. For-profit proprietary organizations. Shelters for homeless families. Adult day care centers. State agencies. Sponsor organizations that provide administrative support to multiple providers. In developing the recommendations under this subsection, the advisory committee shall take into consideration, as appropriate— any existing information, recommendations, and reports from the paperwork reduction work group convened by the Food and Nutrition Service in response to section 119(i) of the Child Nutrition and WIC Reauthorization Act of 2004 ( 42 U.S.C. 1766 note; 118 Stat. 755); the use of technology for electronic recordkeeping to reduce paperwork burdens on program participants and providers; and input from additional advocates and stakeholders for a broader knowledge base, if the advisory committee determines necessary. Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue guidance or regulations, as appropriate, based on the recommendations of the advisory committee under paragraph
(1)regarding streamlined and consolidated paperwork and recordkeeping requirements, including applications, monitoring and auditing requirements, and any other areas recommended by the advisory committee intended to reduce administrative burden. Not later than 18 months after the date of the enactment of this Act, the Secretary shall implement any changes resulting from the guidance or regulations described in clause (i). After issuing any guidance or regulations under subparagraph (A), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and the Workforce of the House of Representatives a report describing any recommendations for legislative changes to further strengthen and streamline the application and monitoring process and reduce administrative burden on grantees, participants, local and State governments, and the Federal Government.
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- 118 Stat. 755
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