[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5431 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5431

To amend section 17 of the Richard B. Russell National School Lunch Act 
 to promote health and wellness in child care, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 2010

   Mrs. McCarthy of New York (for herself and Mr. Wu) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL


 
To amend section 17 of the Richard B. Russell National School Lunch Act 
 to promote health and wellness in child care, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Start Healthy Habits Early Act''.

SEC. 2. CHILD AND ADULT CARE FOOD PROGRAM.

    Section 17 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1766) is amended--
            (1) in subsection (a), by striking ``(a) Grant Authority'' 
        and all that follows through the end of paragraph (1) and 
        inserting the following:
    ``(a) Program Purpose, Grant Authority, and Institution 
Eligibility.--
            ``(1) In general.--
                    ``(A) Program purpose.--The purpose of the program 
                authorized under this section is to provide aid to 
                child and adult care institutions for the provision of 
                nutritious foods that contribute to the wellness, 
                healthy growth, and development of young children, and 
                the health and wellness of older adults and chronically 
                impaired disabled persons.
                    ``(B) Grant authority.--The Secretary may carry out 
                a program to assist States through grants-in-aid and 
                other means to initiate and maintain nonprofit food 
                service programs for children in institutions providing 
                child care.'';
            (2) by striking subsection (g) and inserting the following:
    ``(g) Nutritional Requirements for Meals and Snacks Served in 
Institutions and Family or Group Day Care Homes.--
            ``(1) Definition of dietary guidelines.--In this 
        subsection, the term `Dietary Guidelines' means the Dietary 
        Guidelines for Americans published under section 301 of the 
        National Nutrition Monitoring and Related Research Act of 1990 
        (7 U.S.C. 5341).
            ``(2) Nutritional requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), reimbursable meals and snacks served 
                by institutions, family or group day care homes, and 
                sponsored centers participating in the program under 
                this section shall consist of a combination of foods 
                that meet minimum nutritional requirements prescribed 
                by the Secretary on the basis of tested nutritional 
                research.
                    ``(B) Conformity with the dietary guidelines and 
                authoritative science.--
                            ``(i) In general.--Not less frequently than 
                        once every 10 years, the Secretary shall review 
                        and, as appropriate, update nutritional 
                        requirements for meals and snacks served under 
                        the program under this section to ensure that 
                        the meals and snacks--
                                    ``(I) are consistent with the goals 
                                of the most recent Dietary Guidelines; 
                                and
                                    ``(II) promote the health of the 
                                population served by the program 
                                authorized under this section, as 
                                indicated by the most recent relevant 
                                nutrition science and appropriate 
                                authoritative scientific 
                                recommendations.
                            ``(ii) Cost review.--The review required 
                        under clause (i) shall include a review of the 
                        cost to institutions, family or group day care 
                        homes, and sponsored centers, resulting from 
                        the updated nutritional requirements under this 
                        subparagraph for meals and snacks served under 
                        the program under this section.
                            ``(iii) Regulations.--
                                    ``(I) Proposed rule.--Not later 
                                than 18 months after the completion of 
                                the review of the nutritional 
                                requirements under clause (i), the 
                                Secretary shall promulgate proposed 
                                regulations to update the nutritional 
                                requirements for meals and snacks 
                                served under the program under this 
                                section.
                                    ``(II) Consideration.--In 
                                promulgating proposed regulations under 
                                subclause (I), the Secretary shall 
                                demonstrate consideration for the 
                                financial and administrative impact to 
                                institutions, family or group day care 
                                homes, and sponsored centers resulting 
                                from any proposed changes to the 
                                nutritional requirements for meals and 
                                snacks in the regulations.
                    ``(C) Exceptions.--
                            ``(i) Special dietary needs.--The minimum 
                        nutritional requirements prescribed under 
                        subparagraph (A) shall not prohibit 
                        institutions, family or group day care homes, 
                        and sponsored centers from substituting foods 
                        to accommodate the medical or other special 
                        dietary needs of individual participants.
                            ``(ii) Exempt institutions.--The Secretary 
                        may elect to waive all or part of the 
                        requirements of this subsection for emergency 
                        shelters participating in the program under 
                        this section.
            ``(3) Meal service.--Institutions, family or group day care 
        homes, and sponsored centers shall ensure that reimbursable 
        meal service is not used as a punishment or reward.
            ``(4) Fluid milk.--
                    ``(A) In general.--If an institution, family or 
                group day care home, or sponsored center provides fluid 
                milk as part of a reimbursable meal or supplement, the 
                institution, family or group day care home, or 
                sponsored center shall provide the milk in accordance 
                with the most recent version of the Dietary Guidelines 
                and appropriate authoritative scientific 
                recommendations for young children.
                    ``(B) Milk substitutes.--In the case of children 
                who cannot consume fluid milk due to medical or other 
                special dietary needs other than a disability, an 
                institution, family or group day care home, or 
                sponsored center may substitute for the fluid milk 
                served as part of a reimbursable meal or supplement, a 
                nondairy beverage that--
                            ``(i) is nutritionally equivalent to fluid 
                        milk; and
                            ``(ii) meets nutritional standards 
                        established by the Secretary, including, among 
                        other requirements established by the 
                        Secretary, fortification of calcium, protein, 
                        vitamin A, and vitamin D to levels found in 
                        cow's milk.
                    ``(C) Approval.--
                            ``(i) In general.--A substitution 
                        authorized under subparagraph (B) may be made--
                                    ``(I) at the discretion of, and on 
                                approval by, the participating 
                                institution, family or group day care 
                                home, or sponsored center; and
                                    ``(II) if the substitution is 
                                requested--
                                            ``(aa) by a medical 
                                        authority; or
                                            ``(bb) by the parent or 
                                        legal guardian of a 
                                        participating child.
                            ``(ii) Exception.--An institution, family 
                        or group day care home, or sponsored center 
                        that elects to make a substitution authorized 
                        under this paragraph shall not provide 
                        beverages other than beverages the State has 
                        identified as acceptable substitutes.
                    ``(D) Excess expenses borne by institution.--A 
                participating institution, family or group day care 
                home, or sponsored center shall be responsible for any 
                expenses that--
                            ``(i) are incurred by the institution, 
                        family or group day care home, or sponsored 
                        center to provide substitutions under this 
                        paragraph; and
                            ``(ii) are in excess of expenses covered 
                        under reimbursements under this Act.
            ``(5) Nondiscrimination policy.--No physical segregation or 
        other discrimination against any child shall be made because of 
        the inability of the child to pay, nor shall there be any overt 
        identification of any such child by special tokens or tickets, 
        different meals or meal service, announced or published lists 
        of names, or other means.
            ``(6) Use of abundant and donated foods.--To the maximum 
        extent practicable, each institution shall use in its food 
        service foods that are--
                    ``(A) designated from time to time by the Secretary 
                as being in abundance, either nationally or in the food 
                service area; or
                    ``(B) donated by the Secretary;
            ``(7) Water.--Participating institutions, family or group 
        day care homes, and sponsored centers shall make available to 
        children, as nutritionally appropriate, potable water 
        throughout the day, including at meal times.''; and
            (3) by adding at the end the following:
    ``(u) Promoting Health and Wellness in Child Care.--
            ``(1) In general.--The Secretary shall assist participating 
        institutions, family or group day care homes, and sponsored 
        centers through technical assistance and guidance, and 
        competitive grants for the purpose of promoting the health and 
        nutrition of children in child care settings.
            ``(2) Technical assistance and guidance.--
                    ``(A) Nutrition.--From funds made available under 
                subparagraph (C), the Secretary shall provide technical 
                assistance and guidance to institutions, family or 
                group day care homes, and sponsored centers, 
                participating in the program under this section to 
                support compliance with the nutrition requirements 
                described in subsection (g), which shall include 
                technical assistance and guidance with respect to--
                            ``(i) menu planning;
                            ``(ii) interpretation of nutrition labels; 
                        and
                            ``(iii) food preparation and purchasing 
                        guidance to produce meals and snacks that--
                                    ``(I) are consistent with the goals 
                                of the most recent Dietary Guidelines 
                                for Americans published under section 
                                301 of the National Nutrition 
                                Monitoring and Related Research Act of 
                                1990 (7 U.S.C. 5341) (in this 
                                subsection referred to as the `Dietary 
                                Guidelines'); and
                                    ``(II) promote the health of the 
                                population served by the program under 
                                this section, as recommended by 
                                authoritative scientific 
                                recommendations.
                    ``(B) Wellness promotion.--Not later than January 
                1, 2012, in consultation with the Secretary of Health 
                and Human Services, the Secretary shall provide 
                technical assistance and guidance, such as a handbook, 
                to assist State agencies and institutions, family and 
                group day care homes, and sponsored centers, 
                participating in the program under this section to--
                            ``(i) promote access to foods that are 
                        recommended for consumption by the most recent 
                        Dietary Guidelines;
                            ``(ii) encourage opportunities for age-
                        appropriate physical activity in quantities and 
                        at levels recommended by the most recent 
                        Dietary Guidelines and the Secretary of Health 
                        and Human Services and provide information on--
                                    ``(I) the importance of regular 
                                age-appropriate physical activity for 
                                health and well-being based on 
                                authoritative scientific 
                                recommendations; and
                                    ``(II) best practices for physical 
                                activity plans in child care settings;
                            ``(iii) encourage age-appropriate 
                        electronic media use by children based on 
                        authoritative scientific recommendations and 
                        provide information on--
                                    ``(I) the importance of age-
                                appropriate use, including limitations, 
                                of electronic media; and
                                    ``(II) best practices for 
                                implementation of such recommendations 
                                in child care settings; and
                            ``(iv) encourage the involvement of parents 
                        in nutrition and wellness initiatives for 
                        children.
                    ``(C) Additional information.--In consultation with 
                the Secretary of Health and Human Services, the 
                Secretary shall provide educational materials (such as 
                pamphlets, or other printed materials) to State 
                agencies and institutions, family and group day care 
                homes, and sponsored centers participating in the 
                program under this section regarding common food-
                related choking hazards and guidance on avoiding food 
                choking in young children.
                    ``(D) Funding.--
                            ``(i) In general.--On October 1, 2010, out 
                        of any funds in the Treasury not otherwise 
                        appropriated, the Secretary of the Treasury 
                        shall transfer to the Secretary to carry out 
                        this paragraph $10,000,000, to remain available 
                        until expended.
                            ``(ii) Receipt and acceptance.--The 
                        Secretary shall be entitled to receive, shall 
                        accept, and shall use to carry out this 
                        subsection the funds transferred under clause 
                        (i), without further appropriation.
            ``(3) Competitive grants.--
                    ``(A) Grants to state agencies.--From the funds 
                made available under subparagraph (G), the Secretary 
                shall award grants, on a competitive basis, to State 
                agencies participating in the program under this 
                section for the purpose of promoting health and 
                nutrition in child care settings.
                    ``(B) Priority.--In awarding grants under this 
                paragraph, the Secretary shall give priority to State 
                agencies administering projects under the program that 
                carry out each of the authorized uses of funds 
                described in subparagraph (C)(ii).
                    ``(C) Uses of funds.--
                            ``(i) Required uses.--A State agency 
                        receiving a grant under this paragraph shall 
                        use not less than 50 percent of such grant 
                        funds to award subgrants to institutions, 
                        including sponsoring organizations, for the 
                        purpose of carrying out the activities 
                        described in clause (ii).
                            ``(ii) Authorized uses.--In addition to 
                        such other activities as the Secretary 
                        determines to be appropriate, State agencies 
                        and institutions may use funds received under 
                        this paragraph for activities that--
                                    ``(I) promote nutrition and 
                                physical activity in child care 
                                settings that reflect--
                                            ``(aa) the recommendations 
                                        of the most recent version of 
                                        the Dietary Guidelines; and
                                            ``(bb) authoritative 
                                        scientific recommendations;
                                    ``(II) provide technical assistance 
                                and training to sponsors and providers 
                                of child care centers and family or 
                                group day care homes in implementing 
                                State or local initiatives designed to 
                                improve the health and nutrition of 
                                children in child care settings;
                                    ``(III) perform outreach campaigns 
                                on the State or local level that are 
                                designed to increase access to the 
                                program in underserved areas and 
                                populations, including subsidized child 
                                care providers; and
                                    ``(IV) make innovative use of 
                                technology to provide training and 
                                education to promote the nutrition, 
                                physical activity, and health of 
                                children.
                    ``(D) Application.--To be eligible to receive a 
                grant under this paragraph, a State agency shall submit 
                an application to the Secretary at such time, in such 
                manner, and containing such information as the 
                Secretary may require, which shall include--
                            ``(i) a plan to promote child care settings 
                        that encourage healthful behaviors, including 
                        improvements to the quality of meals and snacks 
                        provided in institutions, family or group day 
                        care homes, and sponsored centers; and
                            ``(ii) a description of--
                                    ``(I) the procedures by which the 
                                State agency will use the grant to 
                                award subgrants to institutions; and
                                    ``(II) the criteria that the State 
                                agency will use in awarding such 
                                subgrants.
                    ``(E) Reporting.--Any State agency receiving a 
                grant under this paragraph shall submit a report to the 
                Secretary at such time, in such manner, and containing 
                such information as the Secretary may require that, at 
                a minimum, shall include--
                            ``(i) a description of the activities 
                        supported with funds under this paragraph;
                            ``(ii) the progress of implementing the 
                        activities; and
                            ``(iii) the outcome of the activities.
                    ``(F) Best practices.--The Secretary shall provide 
                to State agencies and institutions best practices for 
                implementing effective nutrition and wellness 
                initiatives, including best practices for implementing 
                the activities supported with funds under this 
                paragraph.
                    ``(G) Funding.--
                            ``(i) In general.--On October 1, 2010, out 
                        of any funds in the Treasury not otherwise 
                        appropriated, the Secretary of the Treasury 
                        shall transfer to the Secretary to carry out 
                        this paragraph $25,000,000 to remain available 
                        until expended to carry out this paragraph to 
                        remain available until expended.
                            ``(ii) Receipt and acceptance.--The 
                        Secretary shall be entitled to receive, shall 
                        accept, and shall use to carry out this 
                        paragraph the funds transferred under clause 
                        (i) without further appropriation.''.
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