Sec. 109. 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 application ; 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)); and any boarding school funded by the Bureau of Indian Education. ; in paragraph (3), by striking subsection
(r)and inserting subsections
(r)and
(v); and by striking paragraph
(4)and inserting 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, as applicable— 60 days; or for such an institution in which at least 50 percent of the children served meet the income eligibility criteria established under section 9(b) for free or reduced price meals, 180 days. ; 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 (c)— in paragraph (3), by adding before the period at the end the following: and those payment rates shall be announced by the Secretary by the February 15 described in section 4(b)(4) ; and in paragraph (4), by striking of this Act and inserting the following: and those guidelines and, to the maximum extent practicable, any associated guidance shall be issued by the Secretary by the February 15 described in section 4(b)(4) ; 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 submit to the applicable State agency a report, not less frequently than annually, that describes, with respect to the preceding calendar 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 enactment of this subparagraph, the Secretary shall review, and issue guidance regarding, the serious deficiency process for the program under this section. In carrying out clause (i), the Secretary shall review the processes for— determining when there is a serious deficiency, including— what measures automatically result in a finding of serious deficiency; and how differentiation is being made between— human error and intentional noncompliance; and if applicable, the severity of noncompliance with State-specific requirements and Federal regulations; 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; and termination and disqualification, including maintenance of the list under subparagraph (E). After conducting the review under clause (ii), the Secretary shall make findings from the information collected and issue guidance from the findings that will assist sponsoring organizations, State agencies, and the Food and Nutrition Service in ensuring consistency and effectiveness in administration of the serious deficiency process, while retaining program integrity. Guidance under subclause
(I)shall include— clarity on the different measures for noncompliance; parameters for a consistent appeals process to review a finding of serious deficiency or a determination that a corrective action plan is inadequate; and adequate timeframes under a corrective action plan for compliance that are consistent for all types of institutions participating in the program. ; in subsection (f)— in paragraph (2)— by striking (2)(A) Subject to subparagraph
(B)of this paragraph and inserting the following: Subject to subparagraph
(B); by redesignating subparagraph
(C)as subparagraph (D); and by striking subparagraph
(B)and inserting the following: Except as provided in subparagraph (C), no reimbursement may be made to any institution under this paragraph, or to family or group day care home sponsoring organizations under paragraph (3), for more than, as determined by the institution or organization— 2 meals and 1 supplement per day per child; or 1 meal and 2 supplements per day per child. For each child that is maintained in a child care setting for 9 hours or more per day, the limitation described in subparagraph
(B)shall be, as determined by the institution or organization— 2 meals and 1 supplement per day per child; 1 meal and 2 supplements per day per child; 2 meals and 2 supplements per day per child; or 1 meal and 3 supplements per day per child. The limitation described in clause
(i)shall be effective beginning on— for family or group day care homes, the later of— date of implementation of the regulations described in subsection (g)(2)(B)(iii); and October 1, 2018; and for child care centers, the later of— the date of implementation of the regulations described in subsection (g)(2)(B)(iii); and October 1, 2020. ; in paragraph (3)— in subparagraph (A)— in clause (ii)(IV), in the first sentence, by striking each July 1 and inserting each February 15 ; and in clause (iii)(I)(bb), in the first sentence, by striking each July 1 and inserting each February 15 ; 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), the Secretary, as practicable, shall encourage institutions participating in the child care food program to 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 compels a local educational agency to engage with any institution participating in the child care food program. ; in subsection (o)(3)(A), in the first sentence, by striking Secretary, in and all that follows through separate guidelines and inserting Secretary, in consultation with the Assistant Secretary for Aging, shall implement separate guidelines ; in subsection (r), by striking paragraph
(6)and inserting the following: For each calendar year, the Secretary shall— review guidelines for afterschool meals for at-risk school children; and publish a revised handbook reflecting those guidelines and any changes. ; in subsection (u)(3)(C)(i), by inserting for distribution to participants and families of participants after nutrition education ; 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 or supplements served to eligible children residing at the residential child care institution. 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, if the children 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 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; and sponsoring organizations; and 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 1 representative 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); and the use of technology for electronic recordkeeping. Not later than 1 year after the date of 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 reducing the burden for applications, monitoring and auditing requirements, and any other areas recommended by the advisory committee. Not later than 2 years after the date of 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 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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