Short title

This Act may be cited as the

Early Childhood Nutrition Improvement Act

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 (B), by inserting (42 U.S.C. 1771 et seq.) after 1966;(2)by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately;(3)in subparagraph (C)—(A)in clause (ii), by striking (ii) in the case of a sponsoring organization, the organization shall employ and inserting the following:

(II)if the institution is a sponsoring organization, employs

; and

(B)by striking (C)(i) will provide and inserting the following:

(iii)(I)will provide

;

(4)in subparagraph (D)—(A)by striking one employee, the organization and inserting 1 employee,; and(B)by striking (D) in the case of and inserting the following:

(iv)if the institution is

;

(5)in subparagraph (E), by striking (E) in the case of a sponsoring organization, the organization and inserting the following:

(v)if the institution is a sponsoring organization,

;

(6)in subparagraph (F)—(A)by striking the date of the enactment of this subparagraph and inserting June 20, 2000,;(B)by striking the institution is bonded and inserting is bonded; and(C)by striking in the case of and inserting the following:

(vi)if the institution is

;

(7)in the matter preceding clause (i) (as redesignated by paragraph (2))—(A)by striking it satisfies the following criteria: and inserting the institution—; and(B)by striking No institution shall be and inserting the following:

(A)

In general

Subject to subparagraph (B), an institution shall not be

; and

(8)by adding at the end the following:

(B)

Annual determination for certain institutions

The eligibility of an institution described in paragraph (2)(B) shall be determined on an annual basis in accordance with this section.

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 the individuals involved in—(I)determining when there exists a serious deficiency with respect to an institution or a family or group day care home, including—(aa)the measures that will automatically result in a finding of serious deficiency; and(bb)the means of differentiating 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 with respect to an institution or a family or group day care home, including—(aa)findings relating to State-specific requirements; and(bb)processes for ensuring that the officials involved in appeals and mediation are fair and impartial;(III)determining the circumstances under which a corrective action plan is acceptable;(IV)the termination and disqualification of institutions, family or group day care homes, and individuals under this paragraph, including maintenance of the list under subparagraph (E); and(V)determining opportunities for strengthening the processes intended to reduce the imposition of additional State agency requirements on institutions or family or group day care homes in addition to applicable requirements under Federal law, including—(aa)State evaluation of practices used at the time of review;(bb)regional approval of those additional State agency requirements; and(cc)oversight through the management evaluation process.(iii)

State-specific requirements

The Secretary may not consider State-specific requirements in determining noncompliance or serious deficiency under this paragraph.(iv)

Guidance and regulations

(I)

In general

After conducting the review under clause (i), the Secretary shall—(aa)make findings from the information collected;(bb)issue guidance and, as appropriate, regulations from those findings that will—(AA)streamline and modernize the program under this section; and(BB)reduce the paperwork burden on parents; and(cc)assist sponsoring organizations, State agencies, and the Food and Nutrition Service in ensuring a fair, uniform, and effective administration of the serious deficiency process under this paragraph, while retaining program integrity.(II)

Scope

The guidance and regulations issued pursuant to subclause (I) shall include—(aa)provisions to ensure clarity with respect to required measures for noncompliance, including—(AA)an allowance for a reasonable margin of human error; and(BB)a distinction between a reasonable margin of human error and systematic or intentional noncompliance;(bb)a formal appeals and mediation process that—(AA)is conducted by a trained official who is independent from, and not affiliated with, any person or agency involved in the determination being appealed or mediated; (BB)provides an opportunity for a fair hearing for any institution or family or group day care home determined to have a serious deficiency finding or inadequate corrective action plan; and(CC)provides for the evaluation and resolution of disputes regarding State agency requirements applicable to institutions or family or group day care homes that are in addition to applicable requirements under Federal law;(cc)timeframes for acceptable corrective action plans for group or family day care homes that are consistent with corrective action timeframes for child care centers; and(dd)a process to dismiss a serious deficiency on correction of the deficiency.

Reimbursements for additional meals or snacks

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)

;

(2)by striking subparagraph (B) and inserting the following:

(B)

Limitation on number of meals

No reimbursement may be made to an institution under this paragraph, or to a family or group day care home sponsoring organization 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, in the case of child care during which there are 8 or more hours between the beginning of the first meal service period and the beginning of the fourth meal service period.

; and

(3)by adding at the end the following:

(D)

Study on third meal

The Secretary shall—(i)not later than 2 years after the date of enactment of this subparagraph, conduct a study regarding—(I)the prevalence of third-meal reimbursement by program operators; and(II)the contribution of such an additional meal to—(aa)effectively supporting working families;(bb)local economies; and(cc)the economic viability of child care and afterschool programs, including in rural areas;(ii)submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Workforce of the House of Representatives a report that includes the findings of the study under clause (i); and(iii)based on the findings of the report under clause (ii), provide to program operators guidance—(I)to improve implementation of the program under this section;(II)to maximize the utility of an additional meal in supporting working families; and(III)to limit unnecessary costs to program operators and parents of participating children.

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.

Advisory committee on paperwork reduction

(a)

Clerical amendments

Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended—(1)in subsection (a)—(A)in paragraph (2)(F), by striking subsection (t) and inserting subsection (s); and(B)in paragraph (3), by striking subsection (r) and inserting subsection (q);(2)in subsection (c), by moving paragraphs (5) and (6) so as to appear in numerical order;(3)in subsection (t)(1), by striking Stewart B. McKinney and inserting McKinney-Vento;(4)by redesignating subsections (n), (q), (r), (s), (t), and (u) as subsections (u), (p), (q), (r), (s), and (t), respectively, and moving the subsections so as to appear in alphabetical order; and(5)in subsection (u) (as so redesignated), by striking the subsection designation and all that follows through hereby and inserting the following:

(u)

Authorization of appropriations

There are

(b)

Advisory committee

Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) (as amended by subsection (a)(4)) is amended by inserting after subsection (m) the following:

(n)

Advisory committee on paperwork reduction

(1)

Establishment

Not later than 180 days after the date of enactment of the Early Childhood Nutrition Improvement Act, the Secretary shall establish an advisory committee (referred to in this subsection as the Advisory Committee) to carry out the duties described in paragraph (2).(2)

Duties

The duties of the Advisory Committee shall be—(A)to examine the feasibility of reducing unnecessary or duplicative paperwork resulting from regulations and recordkeeping requirements, including paperwork resulting from additional State requirements, for entities 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)to provide to the Secretary recommendations to reduce the paperwork described in subparagraph (A) 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 not fewer than 14 members, of whom—(A)1 shall be a representative of a public nonprofit center;(B)1 shall be a representative of a private nonprofit center;(C)1 shall be a representative of a family or group day care home;(D)1 shall be a representative of a Head Start center;(E)1 shall be a representative of a for-profit center;(F)1 shall be a representative of an emergency shelter;(G)1 shall be a representative of an adult day care center;(H)1 shall be a representative of a State agency;(I)1 shall be a representative of a sponsoring organization for the entities referred to in subparagraphs (A), (B), (D), (E), (F), and (G);(J)1 shall be a representative of a sponsoring organization of family or group day care homes;(K)1 shall be a representative of an anti-hunger advocacy organization;(L)1 shall be a representative of an at-risk, afterschool program;(M)1 shall be a representative of a child care advocacy organization; and(N)1 shall be a representative of an advocacy organization representing parents with young children.(4)

Considerations

In developing recommendations under paragraph (2)(B), the Advisory Committee shall take into consideration—(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 (42 U.S.C. 1766 note; Public Law 108–265); (B)the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants and program operators; and(C)duplicative requirements across multiple Federal programs.(5)

Guidance and regulations

Not later than 2 years after the date of enactment of the Early Childhood Nutrition Improvement Act, the Secretary shall issue guidance and, as appropriate, regulations based on the recommendations described in paragraph (2)(B) for streamlined and consolidated paperwork and recordkeeping requirements for the program under this section, including recommendations and actions carried out to reduce paperwork for parents and program operators by streamlining and modernizing—(A)applications; and(B)the monitoring and auditing of programmatic documentation and recordkeeping, including—(i)eliminating the use of the enrollment form for the purpose of claiming meals;(ii)allowing the use of direct certification in all States;(iii)requiring States to accept as documentation digital forms, digitized and electronic signatures, and electronic records;(iv)allowing the use of electronic data collection systems containing all required Federal child and adult care food program standards;(v)addressing nonmandated State-specific requirements; and(vi)requiring the adoption of generally accepted technologies for client-facing technology, virtual visits, and technology used for administrative functions by the program to reduce the burden on participants and program operators and administrators.(6)

Report

Not later than 180 days after the date on which guidance or regulations are issued under paragraph (5), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Workforce of the House of Representatives a report containing—(A)for each instance in which the Secretary did not implement a recommendation of the Advisory Committee, an explanation regarding why the recommendation was not implemented; and(B)additional recommendations with respect to legislative action that may—(i)strengthen and streamline the application and monitoring process of the program under this section; and(ii)reduce administrative burdens on grantees, program participants, the Federal Government, and State and local governments.