H.R. 2818 — Early Childhood Nutrition Improvement Act

This section amends the eligibility certification criteria for proprietary child care centers under the Child and Adult Care Food Program (CACFP) by adding a new requirement that eligibility for institutions described in subsection (a)(2)(B)—i.e., private for-profit organizations providing nonresidential child care outside school hours where at least 25% of children meet income eligibility for free or reduced-price meals or the organization receives Social Services Block Grant (title XX) compensation for at least 25% of enrolled children or licensed capacity—be determined annually. (Thus, such centers must demonstrate ongoing compliance with the 25% threshold to continue receiving CACFP reimbursements for nutritious meals and snacks.)

This section directs the Secretary of Agriculture, not later than one year after the date of enactment, to review the serious deficiency process under the Child and Adult Care Food Program (CACFP)—which reimburses eligible child care centers, family or group day care homes, and adult day care centers for serving nutritious meals and snacks—and issue guidance and, as appropriate, regulations to streamline program administration, reduce paperwork burdens on parents, and ensure fair, uniform processes while retaining program integrity. The review must examine, at a minimum: (1) criteria for determining serious deficiencies, including automatic triggers, differentiation between reasonable human error and systematic or intentional noncompliance, and distinctions between state-specific requirements and federal regulations; (2) appeals and mediation processes, including for state-specific requirements and ensuring impartial officials; (3) acceptability of corrective action plans; (4) termination and disqualification procedures, including maintenance of the terminated institutions list; and (5) opportunities to reduce state agency requirements beyond federal law, including through state evaluations, regional approvals, and management evaluations. The Secretary may not consider state-specific requirements in determining noncompliance or serious deficiencies, and the resulting guidance or regulations must clarify noncompliance measures (with allowances for human error), establish formal independent appeals and mediation (including for state-specific requirements), align corrective action timeframes for day care homes with those for child care centers, and provide for dismissing serious deficiencies upon correction.

This section modifies reimbursement limitations under the Child and Adult Care Food Program (CACFP)—which reimburses child care centers, day care homes, and similar institutions for meals and supplements served to children—to authorize payments for up to 3 meals and 1 supplement or 2 meals and 2 supplements per day per child (from 2 meals and 1 supplement or 1 meal and 2 supplements) when child care spans 8 or more hours between the beginning of the first meal service period and the beginning of the fourth meal service period. The section further directs the Secretary of Agriculture to conduct a study (due within two years of enactment) on third-meal reimbursements—including their prevalence, support for working families, local economic contributions, and program viability (especially in rural areas)—and to submit a report to the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Education and the Workforce with findings and guidance for program operators to improve implementation, maximize family support, and limit costs.

This section revises the inflation index used for annual adjustments to administrative reimbursement rates for child care centers, adult day care centers, and sponsoring organizations under the Child and Adult Care Food Program (CACFP) to the Consumer Price Index for food away from home (from the Consumer Price Index for food at home). (As background, CACFP reimburses eligible child care centers, family or group day care homes, Head Start centers, and adult day care facilities for serving nutritious meals and snacks to low-income children and adults.)

This section establishes an advisory committee on paperwork reduction for the Child and Adult Care Food Program (CACFP)—which reimburses nutritious meals and snacks served to children in child care centers, family or group day care homes, Head Start centers, afterschool programs, and emergency shelters, and to adults in adult day care centers—not later than 180 days after enactment of this subsection. The committee, composed of not fewer than 14 specified representatives from CACFP stakeholders (e.g., nonprofit and for-profit centers, sponsoring organizations, state agencies, advocacy groups), must (1) examine the feasibility of reducing unnecessary or duplicative paperwork and recordkeeping requirements, including from state-specific rules, for program participants; and (2) provide recommendations to the Secretary of Agriculture to streamline such requirements while maintaining accountability and program integrity, considering prior work group reports, electronic systems, and duplicative federal requirements. Not later than two years after enactment, the Secretary must issue guidance and, as appropriate, regulations to implement the recommendations, including by streamlining applications and monitoring/auditing processes such as eliminating enrollment forms for meal claims, mandating direct certification in all states, accepting digital forms/electronic signatures/records, enabling electronic data systems, addressing non-mandated state requirements, and adopting technologies for client-facing, virtual visits, and administrative functions. Not later than 180 days after issuing such guidance and regulations, the Secretary must report to specified congressional committees on implementation decisions (including explanations for any unimplemented recommendations) and additional legislative proposals to further reduce administrative burdens.