II 111th CONGRESS 2d Session S. 3446 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.

1.

Short title

This Act may be cited as the Child Nutrition Enhancement Act of 2010.

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.

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:

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.

.

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.