S. 1447 — Early Childhood Nutrition Improvement Act

This section revises eligibility certification criteria for institutions under the Child and Adult Care Food Program (CACFP)—which reimburses nutritious meals and snacks served in child care centers, family or group day care homes, and adult day care centers—by restructuring provisions and making the following changes: (1) requiring annual eligibility determinations for private organizations described in subsection (a)(2)(B) (i.e., for-profit providers of nonresidential child care where at least 25% of children meet low-income criteria or receive title XX funding); and (2) specifying June 20, 2000, as the bonding compliance date (from the date of enactment of the relevant subparagraph).

This section directs the Secretary of Agriculture, not later than one year after the date of enactment, to review the serious deficiency process for the Child and Adult Care Food Program (CACFP)—which reimburses nutritious meals and snacks served to children and adults in child care centers, day care homes, and adult day care centers—and to issue guidance and, as appropriate, regulations based on the review. The review must address, at a minimum, (1) criteria for determining serious deficiencies, including automatic triggers, distinctions between human error and systematic noncompliance, and differentiation of State-specific from Federal requirements; (2) appeals and mediation processes, including fairness and impartiality; (3) acceptability of corrective action plans; (4) termination, disqualification, and maintenance of the terminated institutions list; and (5) reducing additional State requirements beyond Federal law. The guidance and regulations must (1) prohibit consideration of State-specific requirements for noncompliance or serious deficiency determinations; (2) clarify noncompliance measures, allowing a reasonable margin for human error; (3) establish a formal appeals and mediation process by independent, trained officials, including for State-specific disputes; (4) set consistent corrective action timeframes for day care homes and centers; and (5) provide for dismissal of serious deficiencies upon correction. (Thus, the changes aim to streamline program administration, reduce paperwork burdens on parents, and ensure fair, uniform processes while maintaining program integrity.)

This section revises reimbursement limitations under the Child and Adult Care Food Program (CACFP)—which reimburses child care centers, family or group day care homes, and adult day care for meals and supplements served to eligible participants—to prohibit reimbursement to institutions or family or group day care home sponsoring organizations for more than 2 meals and 1 supplement, or 1 meal and 2 supplements, per day per child (previously limited to 2 meals and 1 supplement, or 1 meal and 2 supplements, per day per child), except up to 3 meals and 1 supplement, or 2 meals and 2 supplements, per day per child if there are 8 or more hours between the beginning of the first meal service period and the beginning of the fourth meal service period (thus enabling additional reimbursements for longer child care days). This section further directs the Secretary of Agriculture, not later than two years after enactment, to conduct a study on the prevalence of third-meal reimbursements and their contributions to supporting working families, local economies, and child care/afterschool program viability (including in rural areas); submit a report with findings to the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Education and Workforce; and issue guidance to program operators to improve CACFP implementation, maximize additional meals' utility for working families, and limit unnecessary costs.

This section revises the annual inflation adjustment for administrative payments to child care centers, at-risk afterschool care centers, and adult day care centers under the Child and Adult Care Food Program (CACFP)—which reimburses eligible institutions for nutritious meals served to children in child care and adults—from the Consumer Price Index for food at home to the Consumer Price Index for food away from home.

This section makes clerical amendments to the Child and Adult Care Food Program (CACFP)—which reimburses eligible child care centers, day care homes, adult day care centers, and sponsoring organizations for nutritious meals and snacks served to children and adults—including correcting subsection cross-references in subsections (a)(2)(F) and (a)(3), reordering paragraphs in subsection (c), updating "Stewart B. McKinney" to "McKinney-Vento" in subsection (t)(1), redesignating subsections (n), (q), (r), (s), (t), and (u) as subsections (u), (p), (q), (r), (s), and (t) respectively and placing them in alphabetical order, and rephrasing the authorization of appropriations in new subsection (u). This section also establishes an advisory committee on paperwork reduction, to be created by the Secretary within 180 days of enactment, composed of not fewer than 14 members representing CACFP stakeholders (i.e., public and private nonprofit centers, family or group day care homes, Head Start centers, for-profit centers, emergency shelters, adult day care centers, state agencies, sponsoring organizations, anti-hunger and child care advocacy organizations, at-risk afterschool programs, and parents of young children). The committee must examine the feasibility of reducing unnecessary or duplicative paperwork—including from state-specific requirements—for CACFP participants such as state agencies, family child care homes, child care centers, and sponsoring organizations; provide recommendations to the Secretary; and consider prior paperwork reduction efforts, electronic recordkeeping, and duplicative federal program requirements. Not later than two years after enactment, the Secretary must issue guidance or regulations based on the recommendations to streamline applications, monitoring, and recordkeeping, including by (1) eliminating enrollment forms for meal claims; (2) allowing direct certification in all states; (3) accepting digital forms, electronic signatures, and records; (4) permitting electronic data systems meeting federal standards; (5) addressing nonmandated state requirements; and (6) adopting technologies for client interactions, virtual visits, and administrative functions. Not later than 180 days after issuing the guidance or regulations, the Secretary must report to the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Education and Workforce, including explanations for any unimplemented recommendations and proposals for further legislative actions to reduce administrative burdens.