Early Childhood Nutrition Improvement Act

Summary: Early Childhood Nutrition Improvement Act This bill amends the Richard B. Russell National School Lunch Act to revise several provisions related to the child and adult care food program. Under current law: (1)&nbsp;an institution that provides child or day care under the program may be reimbursed for up to two meals and one supplement per day per child; and (2)&nbsp;a&nbsp;family or group day care home sponsoring organization may receive the same&nbsp;maximum reimbursement, but&nbsp;only with respect to a child maintained in a child care setting for at least eight hours per day. The bill eliminates this distinction between institutions and sponsoring organizations, and increases maximum reimbursement for both to: (1) two meals and one supplement or one meal and two supplements per day per child; or (2) three meals and one supplement or two meals and two supplements per day per child, for each child maintained in a child care setting for at least eight hours per day. Reimbursements to family or group day care home sponsoring organizations must be adjusted annually to reflect the Consumer Price Index for food away from home, rather than the Consumer Price Index for food at home used under current law.  A determination of a for-profit day care center's eligibility to participate in the program shall be in effect for six months. The Department of Agriculture (USDA)&nbsp;must issue guidance and, as appropriate, regulations to assist in ensuring a fair and effective process for the identification, review, and&nbsp;correction of serious program deficiencies.  USDA&nbsp;shall establish an advisory committee to examine the feasibility of reducing unnecessary or duplicative paperwork for those participating or seeking to participate in the program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Early Childhood Nutrition 
Improvement Act''.

SEC. 2. ELIGIBILITY CERTIFICATION CRITERIA FOR PROPRIETARY CHILD CARE 
              CENTERS.

    Section 17(a)(6) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766(a)(6)) is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) in the case of an institution described in 
                paragraph (2)(B), the eligibility determination shall 
                be in effect for 6 months after the date such 
                institution is approved by the State under section 
                17(d).''.

SEC. 3. REVIEW OF SERIOUS DEFICIENCY PROCESS.

    Section 17(d)(5) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766(d)(5)) is amended by adding at the end the 
following:
                    ``(F) Serious deficiency process.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of this 
                        subparagraph, the Secretary shall review and 
                        issue guidance and, as appropriate, regulations 
                        regarding the serious deficiency process for 
                        the program under this section.
                            ``(ii) Review.--In carrying out clause (i), 
                        the Secretary shall review, at a minimum, the 
                        processes for, and those involved in--
                                    ``(I) determining when there is a 
                                serious deficiency, including--
                                            ``(aa) what measures 
                                        automatically result in a 
                                        finding of serious deficiency; 
                                        and
                                            ``(bb) how differentiation 
                                        is being made between--

                                                    ``(AA) a reasonable 
                                                margin of human error 
                                                and systematic or 
                                                intentional 
                                                noncompliance; and

                                                    ``(BB) State-
                                                specific requirements 
                                                and Federal 
                                                regulations;

                                    ``(II) appealing and mediating a 
                                finding of serious deficiency, 
                                including--
                                            ``(aa) findings related to 
                                        State-specific requirements; 
                                        and
                                            ``(bb) processes for 
                                        ensuring officials involved in 
                                        appeals and mediation are fair 
                                        and impartial;
                                    ``(III) determining the 
                                circumstances under which a corrective 
                                action plan is acceptable; and
                                    ``(IV) termination and 
                                disqualification, including maintenance 
                                of the list under subparagraph (E).
                            ``(iii) Guidance and regulations.--
                                    ``(I) In general.--After conducting 
                                the review under clause (ii), the 
                                Secretary shall make findings from the 
                                information collected and issue 
                                guidance and, as appropriate, 
                                regulations from such findings that 
                                will 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.
                                    ``(II) Scope.--Such guidance or, as 
                                appropriate, regulations shall 
                                include--
                                            ``(aa) clarity on the 
                                        different measures for 
                                        noncompliance;
                                            ``(bb) appeals process for 
                                        a finding of serious deficiency 
                                        or a determination that a 
                                        corrective action plan is 
                                        inadequate; and
                                            ``(cc) adequate timeframes 
                                        under a corrective action plan 
                                        for compliance that are 
                                        consistent for all types of 
                                        institutions, including family 
                                        or group day care homes.''.

SEC. 4. AUTHORIZATION OF REIMBURSEMENTS FOR ADDITIONAL MEAL OR SNACK.

    Section 17(f)(2) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766(f)(2)) is amended--
            (1) by striking ``(2)(A) Subject to subparagraph (B) of 
        this paragraph'' and inserting the following:
            ``(2) Disbursements.--
                    ``(A) In general.--Subject to subparagraph (B)''; 
                and
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) Limitation.--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--
                            ``(i) 2 meals and 1 supplement or 1 meal 
                        and 2 supplements per day per child; or
                            ``(ii) 3 meals and 1 supplement or 2 meals 
                        and 2 supplements per day per child, for each 
                        child that is maintained in a child care 
                        setting for more than 8 hours per day.''.

SEC. 5. ADJUSTMENTS.

    Section 17(f)(3)(A) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766(f)(3)(A)) is amended by striking ``Consumer Price 
Index for food at home'' each place it appears and inserting ``Consumer 
Price Index for food away from home''.

SEC. 6. ADVISORY COMMITTEE ON PAPERWORK REDUCTION.

    Section 17 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1766) is amended by adding at the end the following:
    ``(v) Advisory Committee on Paperwork Reduction.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of the enactment of this subsection, the Secretary shall 
        establish an advisory committee (hereafter in this subsection 
        referred to as the `Advisory Committee') to carry out the 
        duties described in paragraph (2).
            ``(2) Duties.--The duties of the Advisory Committee shall 
        be to--
                    ``(A) examine the feasibility of reducing 
                unnecessary or duplicative paperwork resulting from 
                regulations and recordkeeping requirements, including 
                paperwork resulting from additional State requirements, 
                for those participating or seeking to participate in 
                the program under this section including State 
                agencies, family child care homes, child care centers, 
                and sponsoring organizations; and
                    ``(B) provide recommendations to reduce such 
                paperwork for participants in the program under this 
                section while ensuring that proper accountability and 
                program integrity are maintained.
            ``(3) Membership.--The Advisory Committee shall be composed 
        of 1 member representing each of the following entities and 
        such other members as the Secretary determines to be 
        appropriate:
                    ``(A) A public nonprofit center.
                    ``(B) A private nonprofit center.
                    ``(C) A family or group day care home.
                    ``(D) A Head Start center.
                    ``(E) A for-profit center.
                    ``(F) An emergency shelter.
                    ``(G) An adult day care center.
                    ``(H) A State agency.
                    ``(I) Sponsoring organizations for centers and 
                family or group day care homes.
                    ``(J) An anti-hunger advocacy organization.
                    ``(K) An at-risk, after school program.
                    ``(L) A child care advocacy organization.
            ``(4) Considerations.--In developing the recommendations 
        described in paragraph (2), the Advisory Committee shall 
        consider--
                    ``(A) information, recommendations, and reports 
                from the Paperwork Reduction Work Group established by 
                the Food and Nutrition Service pursuant to section 
                119(i) of the Child Nutrition and WIC Reauthorization 
                Act of 2004 (Public Law 108-265; 118 Stat. 755); and
                    ``(B) the use of electronic systems and 
                recordkeeping technologies to reduce paperwork for 
                program participants.
            ``(5) Guidance and regulations.--Not later than 2 years 
        after the date of the enactment of this subsection, the 
        Secretary shall issue guidance and, as appropriate, regulations 
        based on the recommendations described in paragraph (2) for 
        streamlined and consolidated paperwork and recordkeeping 
        requirements for the program, including recommendations for 
        reducing paperwork for applications and monitoring and auditing 
        requirements.
            ``(6) Report.--
                    ``(A) In general.--Not later than 180 days after 
                issuing the guidance and regulations described in 
                paragraph (5), the Secretary shall submit a report to 
                the Committee on Agriculture, Nutrition, and Forestry 
                of the Senate and the Committee on Education and the 
                Workforce of the House of Representatives containing 
                the information described in subparagraph (B).
                    ``(B) Contents.--The report under subparagraph (A) 
                shall contain the following:
                            ``(i) In each case in which the Secretary 
                        did not implement a recommendation of the 
                        Advisory Committee, an explanation of why such 
                        recommendation was not implemented.
                            ``(ii) Recommendations for legislative 
                        action that may further strengthen and 
                        streamline the program application and 
                        monitoring process and reduce administrative 
                        burdens on grantees, program participants, and 
                        local, State, and Federal governments.''.