[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3446 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3446

  To amend the Child Nutrition Act of 1966 to advance the health and 
  wellbeing of schoolchildren in the United States through technical 
   assistance, training, and support for healthy school foods, local 
wellness policies, and nutrition promotion and education, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 27 (legislative day, May 26), 2010

 Mr. Udall of New Mexico introduced the following bill; which was read 
  twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

_______________________________________________________________________

                                 A BILL


 
  To amend the Child Nutrition Act of 1966 to advance the health and 
  wellbeing of schoolchildren in the United States through technical 
   assistance, training, and support for healthy school foods, local 
wellness policies, and nutrition promotion and education, 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 ``Child Nutrition Enhancement Act of 
2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) nutrition education and promotion helps--
                    (A) to foster a school environment that supports 
                healthy eating;
                    (B) to initiate and sustain healthy eating 
                behaviors;
                    (C) to increase acceptance and consumption of 
                healthy school meals;
                    (D) to increase participation in school meal 
                programs;
                    (E) to enhance school meal quality; and
                    (F) to support the development and implementation 
                of local wellness policies;
            (2) nutrition education and promotion are critical 
        components of effective health promotion and disease prevention 
        programs;
            (3) research shows that school-based nutrition programs and 
        services improve health and contribute to the academic 
        achievement of school children;
            (4) research shows that fit children--
                    (A) achieve more academically;
                    (B) have better school attendance; and
                    (C) fewer disciplinary problems;
            (5) nutrition education and promotion initiatives for 
        school children lack coordination, funding, and sustainability;
            (6) a comprehensive nationwide study reported that between 
        5 and 6 percent of students were enrolled in a school district 
        that had identified a potential source of funding to support 
        the implementation of a wellness policy in the district;
            (7) children and adolescents are--
                    (A) not meeting dietary recommendations;
                    (B) underconsuming important food groups and 
                nutrients needed for growth and development; and
                    (C) overconsuming saturated fat, trans fat, sodium, 
                and added sugars;
            (8) the Physical Activity Guidelines for Americans 
        recommend that children engage in at least 60 minutes of 
        physical activity on most, and preferably all, days of the 
        week;
            (9) children spend many waking hours at school and 
        therefore need to be active during the school day to meet the 
        recommendations of the Physical Activity Guidelines for 
        Americans;
            (10) childhood obesity increased 3-fold among children and 
        adolescents during the 30 years preceding the date of enactment 
        of this Act;
            (11) approximately 12,000,000 children and adolescents ages 
        2 to 19 are considered obese;
            (12) obesity-related diseases cost the United States 
        economy more than $147,000,000,000 each year;
            (13) both low levels of physical activity and an increase 
        in caloric intake have contributed to the unprecedented 
        epidemic of childhood obesity; and
            (14) overweight adolescents have a 70 to 80 percent chance 
        of becoming overweight adults, increasing the risk of chronic 
        disease, disability, and death.

SEC. 3. THE WELLNESS AND NUTRITION NETWORK.

    Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) is 
amended to read as follows:

``SEC. 19. THE WELLNESS AND NUTRITION NETWORK.

    ``(a) Purposes.--The purposes of the wellness and nutrition network 
are--
            ``(1) to promote the nutritional health of school children 
        in the United States through--
                    ``(A) technical assistance;
                    ``(B) training; and
                    ``(C) nutrition promotion and education programs 
                and policies;
            ``(2) to decrease the prevalence of--
                    ``(A) obesity;
                    ``(B) chronic disease; and
                    ``(C) hunger and food insecurity; and
            ``(3) to coordinate and collaborate at the Federal, State 
        and local levels--
                    ``(A) to leverage and maximize resources; and
                    ``(B) to ensure the effective and coordinated 
                delivery of child nutrition programs.
    ``(b) Definitions.--In this section:
            ``(1) Child nutrition program.--The term `child nutrition 
        program' means--
                    ``(A) the school breakfast program established by 
                section 4;
                    ``(B) the school lunch program established under 
                the Richard B. Russell National School Lunch Act (42 
                U.S.C. 1751 et seq.);
                    ``(C) the summer food service program for children 
                established under section 13 of the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1761); and
                    ``(D) 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) Free or reduced price lunch.--The term `free or 
        reduced price lunch' means a free or reduced price lunch 
        provided under the school lunch program established under the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 
        seq.).
            ``(3) State wellness and nutrition network coordinator.--
        The term `State wellness and nutrition network coordinator' 
        means an individual who has earned--
                    ``(A) a registered dietitian credential;
                    ``(B) a baccalaureate degree in a discipline 
                relating to nutrition, as determined by the Secretary; 
                or
                    ``(C) a post-baccalaureate degree in a discipline 
                relating to nutrition, as determined by the Secretary.
            ``(4) The wellness and nutrition network (twnn).--The term 
        `the wellness and nutrition network' or `TWNN' means a 
        nationwide, multidisciplinary program that--
                    ``(A) establishes and supports technical 
                assistance, training, programs, and policies that 
                promote and support healthy eating and physical 
                activity by children; and
                    ``(B) is--
                            ``(i) based on sound nutritional, 
                        educational, and social marketing approaches;
                            ``(ii) funded and overseen at the Federal 
                        level, administered at the State level, and 
                        implemented at the local level based on 
                        prioritized community needs; and
                            ``(iii) coordinated with school health and 
                        other nutrition programs.
    ``(c) Funding.--
            ``(1) In general.--On October 1, 2010, and on each October 
        1 thereafter, out of any funds in the Treasury not otherwise 
        appropriated, the Secretary of the Treasury shall transfer to 
        the Secretary to carry out this section an amount described in 
        paragraph (2), to remain available until expended.
            ``(2) Calculation of funding for each fiscal year.--The 
        total amount of funds made available to carry out this section 
        for a fiscal year shall equal the product obtained by 
        multiplying--
                    ``(A) 1 cent; and
                    ``(B) the number of meals reimbursed during the 
                preceding fiscal year under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.) at 
                participating schools and institutions for--
                            ``(i) the school lunch program established 
                        under that Act;
                            ``(ii) the child and adult care food 
                        program established under section 17 of that 
                        Act (42 U.S.C. 1766); and
                            ``(iii) the summer food service program 
                        established under section 13 of that Act (42 
                        U.S.C. 1761).
            ``(3) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation.
            ``(4) Restrictions.--Of the amount made available to carry 
        out this section--
                    ``(A) for each of fiscal years 2011 and 2012--
                            ``(i) 30 percent shall be made available 
                        for State administration of TWNN;
                            ``(ii) 50 percent shall be made available 
                        to States for local educational agency grants; 
                        and
                            ``(iii) 20 percent shall be made available 
                        for TWNN responsibilities of the Secretary; and
                    ``(B) for fiscal year 2013 and each subsequent 
                fiscal year--
                            ``(i) 25 percent shall be made available 
                        for State administration of TWNN;
                            ``(ii) 60 percent shall be made available 
                        to States for local educational agency and 
                        institution grants; and
                            ``(iii) 15 percent shall be made available 
                        for TWNN responsibilities of the Secretary.
    ``(d) State Administration of TWNN.--
            ``(1) Application.--To be eligible to receive a grant under 
        this subsection, a State shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            ``(2) Authorization of state grants.--
                    ``(A) In general.--The Secretary shall use funds 
                made available under subparagraphs (A)(i) and (B)(i) of 
                subsection (c)(4) to make grants to States to support 
                the administration of the wellness and nutrition 
                network (TWNN) through technical assistance, training, 
                and nutrition promotion and education.
                    ``(B) Grants.--
                            ``(i) Minimum.--Of the funds allocated to 
                        States to carry out this subsection under 
                        subparagraphs (A)(i) and (B)(i) of subsection 
                        (c)(4), the Secretary shall provide to each 
                        approved State applicant a grant equal to--
                                    ``(I) for each of fiscal years 2011 
                                and 2012, the greater of--
                                            ``(aa) $250,000; and
                                            ``(bb) the amount described 
                                        in clause (ii); and
                                    ``(II) for fiscal year 2013 and 
                                each subsequent fiscal year, $250,000.
                            ``(ii) Fiscal years 2011 and 2012.--Subject 
                        to clause (i), for fiscal years 2011 and 2012, 
                        the Secretary shall provide to each approved 
                        State applicant an amount of the funds made 
                        available under subsection (c)(4)(A)(i) equal 
                        to the proportion that--
                                    ``(I) the number of students 
                                eligible for a free or reduced price 
                                lunch in the State in the preceding 
                                fiscal year; bears to
                                    ``(II) the total number of students 
                                eligible for a free or reduced price 
                                lunch in all States in the preceding 
                                fiscal year.
                            ``(iii) Subsequent fiscal years.--For 
                        fiscal year 2013 and each subsequent fiscal 
                        year, the Secretary, on a competitive basis, 
                        shall provide an additional grant in an amount 
                        to be determined by the Secretary to any 
                        approved State applicant if--
                                    ``(I) after awarding grants under 
                                clause (i)(II), funds remain available 
                                under subsection (c)(4)(B)(i); and
                                    ``(II) the State demonstrates 
                                progress in carrying out the activities 
                                described in subsection (e).
                            ``(iv) Reallocation.--The Secretary may 
                        reallocate any funds appropriated under 
                        subparagraphs (A)(i) and (B)(i) of subsection 
                        (c)(4)--
                                    ``(I) for the uses described in 
                                subsection (e); and
                                    ``(II) if, after 3 school years, 
                                the funds have not been obligated or 
                                expended.
                            ``(v) Contribution.--Funds made available 
                        under this subsection shall be used to 
                        supplement, and not to supplant, any State and 
                        local funds otherwise available to carry out 
                        the activities described in this subsection.
    ``(e) State Uses of Funds.--
            ``(1) In general.--A grant provided to a State under this 
        section shall be used--
                    ``(A) to establish a comprehensive, integrated, and 
                coordinated wellness and nutrition network in the 
                State; and
                    ``(B) to allocate funding under subsection (f) to 
                local educational agencies and other institutions to 
                support child nutrition promotion and education.
            ``(2) Goals.--A State program established in accordance 
        with this section shall, to the maximum extent practicable--
                    ``(A) conduct training and provide technical 
                assistance on effective child nutrition promotion and 
                education policies and programs;
                    ``(B) improve child nutrition environments by--
                            ``(i) promoting and supporting dietary 
                        behaviors consistent with 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); and
                            ``(ii) supporting the development, 
                        implementation, and assessment of local 
                        wellness policies carried out under section 5 
                        of the Richard B. Russell National School Lunch 
                        Act (42 U.S.C. 1754);
                    ``(C) improve the nutritional quality of meals and 
                snacks served through the child nutrition programs;
                    ``(D) increase participation in the child nutrition 
                programs;
                    ``(E) carry out and disseminate effective 
                evaluation techniques;
                    ``(F) facilitate networking and information sharing 
                in the State;
                    ``(G) actively disseminate materials and 
                information on training programs, model policies, and 
                other promising practices; and
                    ``(H) coordinate and collaborate with other State 
                nutrition education and promotion efforts, including 
                supplemental nutrition assistance program education and 
                coordinated school health programs--
                            ``(i) to leverage resources; and
                            ``(ii) to ensure that children are 
                        receiving effective and consistent messages 
                        regarding healthy eating and active living.
    ``(f) Local Educational Agency Grants.--
            ``(1) Interdisciplinary team.--
                    ``(A) In general.--In awarding grants under this 
                subsection, a State shall establish an 
                interdisciplinary team to review applications submitted 
                by local educational agencies.
                    ``(B) Requirements.--An interdisciplinary team 
                described in subparagraph (A) shall be--
                            ``(i) comprised of State education and 
                        health representatives; and
                            ``(ii) chaired by the State wellness and 
                        nutrition network coordinator, or a designee of 
                        the coordinator.
            ``(2) Eligibility.--
                    ``(A) In general.--During each of fiscal years 2011 
                and 2012, only local educational agencies shall be 
                eligible to receive a grant under this subsection.
                    ``(B) Fiscal year 2013 and subsequent fiscal 
                years.--For fiscal year 2013 and each subsequent fiscal 
                year, local educational agencies and other institutions 
                providing services funded by the child nutrition 
                programs shall be eligible to receive a grant under 
                this subsection.
            ``(3) Grants.--
                    ``(A) In general.--To carry out this subsection, 
                the Secretary shall provide to each approved State 
                applicant for the purpose of making grants to approved 
                local educational agencies an amount of the funds made 
                available under subparagraphs (A)(ii) and (B)(ii) of 
                subsection (c)(4) equal to the proportion that--
                            ``(i) the number of students eligible for a 
                        free or reduced price lunch in the State in the 
                        preceding fiscal year; bears to
                            ``(ii) the total number of students 
                        eligible for a free or reduced price lunch in 
                        all States in the preceding fiscal year.
                    ``(B) Fiscal years 2011 and 2012.--
                            ``(i) In general.--For each of fiscal years 
                        2011 and 2012, a State shall use funds received 
                        under subparagraph (A) to make grants to local 
                        educational agency applicants approved by the 
                        State interdisciplinary team in an amount equal 
                        to the proportion that--
                                    ``(I) the number of students 
                                eligible for a free or reduced price 
                                lunch in a local educational agency in 
                                the preceding fiscal year; bears to
                                    ``(II) the total number of students 
                                eligible for a free or reduced price 
                                lunch in a State in the preceding 
                                fiscal year.
                            ``(ii) Application.--To be eligible to 
                        receive a grant under this subparagraph, a 
                        local educational agency shall submit an 
                        application to the interdisciplinary team 
                        established under paragraph (1) at such time, 
                        in such manner, and containing such information 
                        as the interdisciplinary team may require.
                            ``(iii) Reallocation.--If a local 
                        educational agency is not approved to receive a 
                        grant under this subsection, a State shall 
                        reallocate the funds to an approved local 
                        educational agency applicant, in an amount 
                        determined by the State.
                    ``(C) Subsequent fiscal years.--
                            ``(i) In general.--For fiscal year 2013 and 
                        each subsequent fiscal year, a State, on a 
                        competitive basis, shall use funds received 
                        under subparagraph (A) to provide grants to 
                        carry out the programs and activities described 
                        in paragraph (4) to--
                                    ``(I) approved local educational 
                                agency applicants; and
                                    ``(II) other approved institutions 
                                providing services funded by the child 
                                nutrition programs.
                            ``(ii) Application.--
                                    ``(I) In general.--To be eligible 
                                to receive a grant under this 
                                subparagraph, an applicant shall submit 
                                to the State interdisciplinary team 
                                established under paragraph (1) an 
                                application that includes--
                                            ``(aa) information about 
                                        the performance and progress of 
                                        the applicant in carrying out 
                                        the activities and achieving 
                                        the goals described in 
                                        paragraph (4); and
                                            ``(bb) an outline of the 
                                        specific activities, materials, 
                                        policies, or programs to be 
                                        carried out to achieve the 
                                        goals described in paragraph 
                                        (4).
                                    ``(II) Considerations.--In 
                                determining the amount of a grant under 
                                subparagraph (C), the State 
                                interdisciplinary team shall consider 
                                the number of students enrolled at the 
                                applicant institution that are eligible 
                                for free and reduced priced lunches.
            ``(4) Local educational agency uses of funds.--
                    ``(A) In general.--As a condition on the receipt of 
                a grant under this subsection, a local educational 
                agency or other institution that receives a grant shall 
                use the funds to promote and support healthy eating and 
                physical activity programs, policies, or initiatives.
                    ``(B) Goals.--A local educational agency or other 
                institution receiving a grant under this section shall 
                use the grant funds--
                            ``(i) to carry out, assess, or strengthen a 
                        local wellness policy established under section 
                        5 of the Richard B. Russell National School 
                        Lunch Act (42 U.S.C. 1754);
                            ``(ii) to improve the nutritional quality 
                        of meals and snacks served through the child 
                        nutrition programs;
                            ``(iii) to increase the acceptance by 
                        children of nutritious meals and snacks;
                            ``(iv) to implement Federal, State, or 
                        other health guidelines, including guidelines 
                        for nutritional and physical education;
                            ``(v) to provide regular physical activity 
                        for children; or
                            ``(vi) to collaborate and coordinate with 
                        public and private organizations to promote and 
                        support healthy eating and physical activity, 
                        including--
                                    ``(I) community-based 
                                organizations; and
                                    ``(II) health, nutrition, and 
                                education programs in the States that 
                                include--
                                            ``(aa) nutrition education 
                                        relating to the supplemental 
                                        nutrition assistance program 
                                        established under the Food and 
                                        Nutrition Act of 2008 (7 U.S.C. 
                                        2011 et seq.);
                                            ``(bb) coordinated school 
                                        health programs; and
                                            ``(cc) the fresh fruit and 
                                        vegetable program established 
                                        under section 19 of the Richard 
                                        B. Russell National School 
                                        Lunch Act (42 U.S.C. 1769a).
    ``(g) Reporting and Evaluation Requirements.--
            ``(1) Reports to state wellness and nutrition network 
        coordinators.--Not later than 90 days after the expiration of a 
        grant received under subsection (f), the local educational 
        agency or other institution receiving the grant shall submit to 
        the State wellness and nutrition network coordinator a report 
        that describes--
                    ``(A) the progress of the grant recipient in 
                carrying out the activities described in subsection 
                (f)(4); and
                    ``(B) the policies or programs implemented by the 
                grant recipient to achieve the goals described in 
                subsection (f)(4).
            ``(2) State reports to the secretary.--Each State wellness 
        and nutrition network coordinator shall submit to the 
        Secretary--
                    ``(A) by not later than October 1, 2011, a report 
                that--
                            ``(i) describes the actions that the 
                        coordinator planned and carried out in the 
                        preceding fiscal year to carry out the goals 
                        described in subsection (e)(2); and
                            ``(ii) includes a State needs assessment 
                        for child nutrition education and promotion 
                        throughout the State that may be compiled using 
                        existing data; and
                    ``(B) by not later than October 1, 2013, and every 
                3 years thereafter, a report that describes and 
                assesses the programs, policies, and activities that 
                the State wellness and nutrition network, the local 
                educational agencies, and the other grant recipients 
                have established to carry out the goals of this 
                section.
            ``(3) Report by the secretary.--
                    ``(A) In general.--Not later than January 1, 2013, 
                the Secretary shall conduct an evaluation of and submit 
                a report on the State wellness and nutrition networks 
                to--
                            ``(i) the Committee on Agriculture, 
                        Nutrition, and Forestry of the Senate; and
                            ``(ii) the Committee on Education and Labor 
                        of the House of Representatives.
                    ``(B) Contents.--The report prepared under this 
                paragraph shall include an evaluation of--
                            ``(i) the nutrition education and promotion 
                        activities of the States;
                            ``(ii) activities carried out by grant 
                        recipients under this section;
                            ``(iii) the coordination and collaboration 
                        efforts carried out in and between States;
                            ``(iv) identification of best practices for 
                        improving healthy eating by students and 
                        promoting physical activity;
                            ``(v) improvements to school nutrition 
                        environments; and
                            ``(vi) local wellness policy activities.
    ``(h) Secretarial Responsibilities.--
            ``(1) In general.--The Secretary shall use funds made 
        available under subparagraphs (A)(iii) and (B)(iii) of 
        subsection (c)(4) to develop and carry out a comprehensive, 
        integrated national nutrition promotion and education 
        strategy--
                    ``(A) to develop and disseminate wellness and 
                nutrition network materials to States, local 
                educational agencies, and other grant recipients 
                carrying out child nutrition programs;
                    ``(B) to provide regular communication, training, 
                technical assistance, and messages to the States;
                    ``(C) to establish, maintain, and update 
                communication resources, including--
                            ``(i) an information hotline;
                            ``(ii) a website; and
                            ``(iii) online training of best practices 
                        and effective strategies for promoting healthy 
                        eating and physical activity;
                    ``(D) to coordinate communication resources 
                established under this section with any communication 
                resources established under section 5(d)(2) of the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1754(d)(2)); and
                    ``(E) to coordinate with other Federal, State, and 
                local nutrition education and promotion efforts.
            ``(2) Considerations.--In carrying out the nutrition 
        promotion and education activities described in paragraph (1), 
        the Secretary shall, to the maximum extent practicable--
                    ``(A) promote and support healthy eating, physical 
                activity, and positive behavior changes;
                    ``(B) improve school nutrition and physical 
                activity environments;
                    ``(C) provide technical assistance, training, and 
                model policies and programs to improve the nutritional 
                quality of school foods, including the healthfulness 
                of--
                            ``(i) school meals;
                            ``(ii) commodities provided through the 
                        child nutrition programs; and
                            ``(iii) foods provided outside of school 
                        meals, including food provided through--
                                    ``(I) vending machines;
                                    ``(II) a la carte;
                                    ``(III) fundraisers;
                                    ``(IV) school stores;
                                    ``(V) school celebrations;
                                    ``(VI) snacks; and
                                    ``(VII) rewards;
                    ``(D) increase participation in school meals; and
                    ``(E) develop effective evaluation techniques.''.

SEC. 4. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
                                 <all>