[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3124 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3124

 To amend the Richard B. Russell National School Lunch Act to improve 
child health and nutrition and reduce administrative burdens for child 
                      care sponsors and providers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2010

  Ms. Klobuchar (for herself and Mr. Harkin) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Richard B. Russell National School Lunch Act to improve 
child health and nutrition and reduce administrative burdens for child 
                      care sponsors and providers.

    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 ``Healthy Living Starts Early Act of 
2010''.

             TITLE I--IMPROVING CHILD HEALTH AND NUTRITION

SEC. 101. NUTRITION AND WELLNESS GOALS FOR MEALS SERVED THROUGH THE 
              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.--
                            ``(i) Findings.--Congress finds that--
                                    ``(I) eating habits and other 
                                wellness-related behavior habits are 
                                established early in life; and
                                    ``(II) good nutrition and wellness 
                                are important contributors to the 
                                overall health of young children and 
                                essential to cognitive development.
                            ``(ii) Purpose.--The purpose of the program 
                        authorized by this section is to provide aid to 
                        child care institutions and family or group day 
                        care homes for the provision of nutritious 
                        foods that contribute to the wellness, healthy 
                        growth, and development of young children.
                    ``(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 and family or group day care homes 
                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 requirements for 
                        meals served under the program under this 
                        section to ensure that the meals--
                                    ``(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 agency and 
                                organization recommendations.
                            ``(ii) Cost review.--The review required 
                        under clause (i) shall include a review of the 
                        cost to child care centers and group or family 
                        day care homes resulting from updated 
                        requirements for meals and snacks served under 
                        the program under this section.
                            ``(iii) Regulations.--Not later than 18 
                        months after receipt of recommendations for 
                        meal pattern improvements from the Food and 
                        Nutrition Board of the National Research 
                        Council of the National Academy of Sciences, 
                        the Secretary shall promulgate proposed 
                        regulations to update the meal patterns for 
                        meals and snacks served under the program under 
                        this section.
                    ``(C) Exceptions.--
                            ``(i) Special dietary needs.--The minimum 
                        nutritional requirements prescribed under 
                        subparagraph (A) do not prohibit institutions 
                        and family or group day care homes from 
                        substituting foods to accommodate the medical 
                        or other special dietary needs of individual 
                        children.
                            ``(ii) Exempt institutions.--The Secretary 
                        may elect to waive all or part of the 
                        requirements of this subsection for emergency 
                        shelters and adult day care centers 
                        participating in the program under this 
                        section.
            ``(3) Meal service.--Institutions and family day care homes 
        shall ensure that reimbursable meal service contributes to the 
        development and socialization of enrolled children by providing 
        that food is not used as a punishment or reward.
            ``(4) Fluid milk.--
                    ``(A) In general.--If an institution or family or 
                group day care home provides fluid milk as part of a 
                reimbursable meal or supplement, the institution or 
                family or group day care home shall provide the milk in 
                accordance with the most recent version of the Dietary 
                Guidelines.
                    ``(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 or family or group day care home may 
                substitute for the fluid milk required in meals served, 
                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 day care 
                                institution; and
                                    ``(II) if the substitution is 
                                requested by written statement of a 
                                medical authority, or by the parent or 
                                legal guardian of the child, that 
                                identifies the medical or other special 
                                dietary need that restricts the diet of 
                                the child.
                            ``(ii) Exception.--An institution or family 
                        or group day care home shall not be required 
                        under this paragraph to provide beverages other 
                        than beverages the State has identified as 
                        acceptable substitutes.
                    ``(D) Excess expenses borne by institution.--A 
                participating institution or family or group day care 
                home shall be responsible for any expenses that--
                            ``(i) are incurred by the institution or 
                        family or group day care home 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.''; and
            (3) by adding at the end the following:
    ``(u) Promoting Health and Wellness in Child Care.--
            ``(1) Physical activity and electronic media use.--The 
        Secretary shall encourage participating child care centers and 
        family or group day care homes--
                    ``(A) to provide to all children under the 
                supervision of the participating child care centers and 
                family or group day care homes daily opportunities for 
                structured and unstructured age-appropriate moderate-
                intensity to vigorous-intensity physical activity; and
                    ``(B) to limit among children under the supervision 
                of the participating child care centers and family or 
                group day care homes the use of electronic media to an 
                appropriate level.
            ``(2) Water consumption.--Participating child care centers 
        and family or group day care homes shall make available to 
        children, as nutritionally appropriate, water as an acceptable 
        fluid for consumption throughout the day, including at meal 
        times.
            ``(3) Technical assistance and guidance.--
                    ``(A) In general.--The Secretary shall provide 
                technical assistance to institutions participating in 
                the program under this section to assist participating 
                child care centers and family or group day care homes 
                in complying with the nutritional and wellness 
                requirements prescribed by the Secretary in accordance 
                with this subsection and subsection (g).
                    ``(B) Guidance.--Not later than January 1, 2011, 
                the Secretary shall issue guidance to States and 
                institutions to encourage participating child care 
                centers and family or group day care homes serving 
                meals and snacks under this section to--
                            ``(i) include foods that are recommended 
                        for increased serving consumption in amounts 
                        recommended by 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), including fresh, canned, frozen, 
                        or dried whole fruits and vegetables, whole 
                        grain products, lean meat products, and low-fat 
                        and non-fat dairy products; and
                            ``(ii) reduce sedentary activities and 
                        provide opportunities for regular physical 
                        activity in quantities recommended by the most 
                        recent Dietary Guidelines for Americans 
                        described in clause (i).
                    ``(C) Nutrition.--Technical assistance relating to 
                the nutritional requirements of this subsection and 
                subsection (g) shall include--
                            ``(i) nutrition education, including 
                        education that emphasizes the relationship 
                        between nutrition, physical activity, and 
                        health;
                            ``(ii) menu planning;
                            ``(iii) interpretation of nutrition labels; 
                        and
                            ``(iv) food preparation and purchasing 
                        guidance to produce meals and snacks that are--
                                    ``(I) consistent with the goals of 
                                the most recent Dietary Guidelines; and
                                    ``(II) promote the health of the 
                                population served by the program under 
                                this section, as recommended by 
                                authoritative scientific organizations.
                    ``(D) Physical activity.--Technical assistance 
                relating to the physical activity requirements of this 
                subsection shall include--
                            ``(i) education on the importance of 
                        regular physical activity to overall health and 
                        well being; and
                            ``(ii) sharing of best practices for 
                        physical activity plans in child care centers 
                        and homes as recommended by authoritative 
                        scientific organizations.
                    ``(E) Electronic media use.--Technical assistance 
                relating to the electronic media use requirements of 
                this subsection shall include--
                            ``(i) education on the health impacts of 
                        overuse of and overexposure to electronic media 
                        by children; and
                            ``(ii) sharing of best practices for the 
                        development of daily activity plans that limit 
                        use of electronic media.
                    ``(F) Minimum assistance.--At a minimum, the 
                technical assistance required under this paragraph 
                shall include a handbook, developed by the Secretary in 
                coordination with the Secretary for Health and Human 
                Services, that includes recommendations, guidelines, 
                and best practices for participating institutions and 
                family or group day care homes that are consistent with 
                the nutrition, physical activity, and wellness 
                requirements and recommendations of this subsection.
                    ``(G) Additional assistance.--In addition to the 
                requirements of this paragraph, the Secretary shall 
                develop and provide such appropriate training and 
                education materials, guidance, and technical assistance 
                as the Secretary considers to be necessary to comply 
                with the nutritional and wellness requirements of this 
                subsection and subsection (g).
                    ``(H) Funding.--
                            ``(i) In general.--On October 1, 2009, and 
                        on each October 1 thereafter through October 1, 
                        2013, out of any funds in the Treasury not 
                        otherwise appropriated, the Secretary of the 
                        Treasury shall transfer to the Secretary to 
                        provide technical assistance under this 
                        subsection $3,000,000, 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.''.

SEC. 102. INTERAGENCY COORDINATION TO PROMOTE HEALTH AND WELLNESS IN 
              CHILD CARE LICENSING.

    The Secretary of Agriculture shall coordinate with the Secretary of 
Health and Human Services to encourage State licensing agencies to 
include nutrition and wellness standards within State licensing 
standards that ensure, to the maximum extent practicable, that licensed 
child care centers and family or group day care homes--
            (1) provide to all children under the supervision of the 
        child care centers and family or group day care homes daily 
        opportunities for age-appropriate moderate-intensity to 
        vigorous-intensity physical activity;
            (2) limit among children under the supervision of the child 
        care centers and family or group day care homes the use of 
        electronic media and the quantity of time spent in sedentary 
        activity to an appropriate level;
            (3) serve meals and snacks that are consistent with the 
        child and adult care food program established under section 17 
        of the Richard B. Russell National School Lunch Act (42 U.S.C. 
        1766); and
            (4) promote such other nutrition and wellness goals as the 
        Secretaries determine to be necessary.

SEC. 103. STUDY ON NUTRITION AND WELLNESS QUALITY OF CHILD CARE 
              SETTINGS.

    (a) In General.--Not less than 4 years after the date of enactment 
of this Act, and not less frequently than once every 5 years 
thereafter, the Secretary of Agriculture shall submit to Congress a 
report based on--
            (1) a nationally representative study of child care centers 
        and family or group day care homes that--
                    (A) is designed in consultation with the Secretary 
                of Health and Human Services; and
                    (B) includes an assessment of--
                            (i) the nutritional quality of all foods 
                        provided to children in child care settings as 
                        compared to the recommendations in 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);
                            (ii) the quantity and type of opportunities 
                        for physical activity provided to children in 
                        child care settings; and
                            (iii) the quantity of time spent by 
                        children in child care settings in sedentary 
                        activities; and
            (2) an assessment of the barriers to and facilitators for--
                    (A) providing foods to children in child care 
                settings that meet the recommendations in 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);
                    (B) providing the appropriate quantity and type of 
                opportunities for physical activity for children in 
                child care settings; and
                    (C) participation by child care centers and family 
                or group day care homes in the child and adult care 
                food program established under section 17 of the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1766).
    (b) Funding.--
            (1) 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 of Agriculture to 
        carry out this section $5,000,000, to remain available until 
        expended.
            (2) Receipt and acceptance.--The Secretary of Agriculture 
        shall be entitled to receive, shall accept, and shall use to 
        carry out this section the funds transferred under paragraph 
        (1), without further appropriation. 

 TITLE II--REDUCING ADMINISTRATIVE BURDENS FOR CHILD CARE SPONSORS AND 
                               PROVIDERS

SEC. 201. WORKING GROUP TO REDUCE PAPERWORK AND IMPROVE PROGRAM 
              ADMINISTRATION.

    (a) Definitions.--In this section:
            (1) Program.--The term ``program'' means the child and 
        adult care food program established under section 17 of the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 1766).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Establishment.--The Secretary, in conjunction with States and 
participating institutions, shall reconvene a working group to continue 
to examine the feasibility of reducing unnecessary or duplicative 
paperwork resulting from regulations and recordkeeping requirements for 
State agencies, institutions, family and group day care homes, and 
sponsored centers participating in the program.
    (c) Duties.--At a minimum, the working group shall--
            (1) review and evaluate the recommendations, guidance, and 
        regulatory priorities developed and issued to comply with 
        section 119(i) of the Child Nutrition and WIC Reauthorization 
        Act of 2004 (42 U.S.C. 1766 note; Public Law 108-265); and
            (2) examine additional paperwork and administrative 
        requirements that have been established since February 23, 
        2007, that could be reduced or simplified.
    (d) Additional Duties.--In addition to, or operating concurrently 
with, the working group described in subsection (b), the Secretary may, 
if determined necessary by the Secretary and in conjunction with States 
and institutions participating in the program, establish 1 or more 
working groups to examine any aspect of administration of the program.
    (e) Report.--Not later than 4 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report that 
describes the actions that have been taken to carry out this section, 
including--
            (1) actions taken to address administrative and paperwork 
        burdens identified as a result of compliance with section 
        119(i) of the Child Nutrition and WIC Reauthorization Act of 
        2004 (42 U.S.C. 1766 note; Public Law 108-265);
            (2) administrative and paperwork burdens identified as a 
        result of compliance with section 119(i) of that Act for which 
        no regulatory action or policy guidance has been taken;
            (3) additional steps that the Secretary is taking or plans 
        to take to address any administrative and paperwork burdens 
        identified under subsection (c)(2) and paragraph (2), 
        including--
                    (A) new or updated regulations, policy, guidance, 
                or technical assistance; and
                    (B) a timeframe for the completion of those steps; 
                and
            (4) recommendations to Congress for modifications to 
        existing statutory authorities needed to address identified 
        administrative and paperwork burdens.

SEC. 202. RENEWAL OF APPLICATION MATERIALS AND PERMANENT OPERATING 
              AGREEMENTS.

    (a) Permanent Operating Agreements.--Section 17(d)(1) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(1)) is 
amended by adding at the end the following:
                    ``(E) Permanent operating agreements.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), to participate in the child and 
                        adult care food program, an institution that 
                        meets the conditions of eligibility described 
                        in this subsection shall be required to enter 
                        into a permanent agreement with the applicable 
                        State agency.
                            ``(ii) Amendments.--A permanent agreement 
                        described in clause (i) may be amended as 
                        necessary to ensure that the institution is in 
                        compliance with all requirements established in 
                        this section or by the Secretary.
                            ``(iii) Termination.--A permanent agreement 
                        described in clause (i)--
                                    ``(I) may be terminated for 
                                convenience by the institution and 
                                State agency that is a party to the 
                                permanent agreement; and
                                    ``(II) shall be terminated--
                                            ``(aa) for cause by the 
                                        applicable State agency in 
                                        accordance with paragraph (5); 
                                        or
                                            ``(bb) on termination of 
                                        participation of the 
                                        institution in the child and 
                                        adult care food program.''.
    (b) Applications.--Section 17(d) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(d)) is amended by striking paragraph 
(2) and inserting the following:
            ``(2) Program applications.--
                    ``(A) In general.--The Secretary shall develop a 
                policy under which each institution providing child 
                care that participates in the program under this 
                section shall--
                            ``(i) submit to the State agency an initial 
                        application to participate in the program that 
                        meets all requirements established by the 
                        Secretary by regulation;
                            ``(ii) annually confirm to the State agency 
                        that the institution, and any facilities of the 
                        institution in which the program is operated by 
                        a sponsoring organization, is in compliance 
                        with subsection (a)(5); and
                            ``(iii) annually submit to the State agency 
                        any additional information necessary to confirm 
                        that the institution is in compliance with all 
                        other requirements to participate in the 
                        program, as established by the Secretary by 
                        regulation.
                    ``(B) Reviews.--The Secretary shall develop a 
                policy under which each sponsoring organization 
                participating in the program shall conduct--
                            ``(i) periodic unannounced site visits at 
                        not less than 3-year intervals to sponsored 
                        child care centers and family or group day care 
                        homes to identify and prevent management 
                        deficiencies and fraud and abuse under the 
                        program;
                            ``(ii) at least 1 scheduled site visit at 
                        not less than 3-year intervals to sponsoring 
                        organizations and nonsponsored child care 
                        centers to identify and prevent management 
                        deficiencies and fraud and abuse under the 
                        program and to improve program operations; and
                            ``(iii) periodic site visits to private 
                        institutions that the State agency determines 
                        have a high probability of program abuse.''.
    (c) Agreements.--Section 17(j)(1) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1766(j)(1)) is amended--
            (1) by striking ``may'' and inserting ``shall'';
            (2) by striking ``family or group day care'' the first 
        place it appears; and
            (3) by inserting ``or sponsored day care centers'' before 
        ``participating''.

SEC. 203. TRANSMISSION OF INCOME INFORMATION BY SPONSORED FAMILY OR 
              GROUP DAY CARE HOMES.

    Section 17(f)(3)(A)(iii)(III) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(III)) is amended by 
adding at the end the following:
                                            ``(dd) Transmission of 
                                        income information by sponsored 
                                        family or group day care 
                                        homes.--If a family or group 
                                        day care home elects to be 
                                        provided reimbursement factors 
                                        described in subclause (II), 
                                        the family or group day care 
                                        home may assist in the 
                                        transmission of necessary 
                                        household income information to 
                                        the family or group day care 
                                        home sponsoring organization in 
                                        accordance with the policy 
                                        described in item (ee).
                                            ``(ee) Policy.--The 
                                        Secretary shall develop a 
                                        policy under which a sponsored 
                                        family or group day care home 
                                        described in item (dd) may, 
                                        under terms and conditions 
                                        specified by the Secretary and 
                                        with the written consent of the 
                                        parents or guardians of a child 
                                        in a family or group day care 
                                        home participating in the 
                                        program, assist in the 
                                        transmission of the income 
                                        information of the family to 
                                        the family or group day care 
                                        home sponsoring 
                                        organization.''.

SEC. 204. SIMPLIFYING AND ENHANCING ADMINISTRATIVE PAYMENTS TO 
              SPONSORING ORGANIZATIONS.

    Section 17(f)(3) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766(f)(3)) is amended by striking subparagraph (B) and 
inserting the following:
                    ``(B) Administrative funds.--
                            ``(i) In general.--In addition to 
                        reimbursement factors described in subparagraph 
                        (A), a family or group day care home sponsoring 
                        organization shall receive reimbursement for 
                        the administrative expenses of the sponsoring 
                        organization in an amount that is not less than 
                        the product obtained each month by 
                        multiplying--
                                    ``(I) the number of family and 
                                group day care homes of the sponsoring 
                                organization submitting a claim for 
                                reimbursement during the month; by
                                    ``(II) the appropriate 
                                administrative rate determined by the 
                                Secretary.
                            ``(ii) Annual adjustment.--The 
                        administrative reimbursement levels specified 
                        in clause (i) shall be adjusted July 1 of each 
                        year to reflect changes in the Consumer Price 
                        Index for All Urban Consumers published by the 
                        Bureau of Labor Statistics of the Department of 
                        Labor for the most recent 12-month period for 
                        which such data are available.
                            ``(iii) Carryover funds.--The Secretary 
                        shall develop procedures under which not more 
                        than 10 percent of the amount made available to 
                        sponsoring organizations under this section for 
                        administrative expenses for a fiscal year may 
                        remain available for obligation or expenditure 
                        in the succeeding fiscal year.
                            ``(iv) Return to secretary.--Any amounts 
                        appropriated that are not obligated or expended 
                        during a fiscal year and are not carried over 
                        for the succeeding fiscal year under clause 
                        (iii) shall be returned to the Secretary.''.
                                 <all>