1. Short title This Act may be cited as the Early Childhood Nutrition Improvement Act . 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 the matter preceding subparagraph (A), by striking criteria: and inserting criteria— ; (2) in subparagraph (E), by striking and at the end; (3) in subparagraph (F), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (G) in the case of an institution described in paragraph (2)(B), the eligibility of such institution shall be determined on an annual basis in accordance with this section. . 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 the 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 with respect to an institution or a family or group day care home, including— (aa) what measures automatically result in a finding of serious deficiency; and (bb) how to differentiate 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 related to State-specific requirements; and (bb) processes for ensuring officials involved in appeals and mediation are fair and impartial