NUTRITION AND WELLNESS GOALS FOR MEALS SERVED THROUGH THE CHILD AND ADULT CARE FOOD PROGRAM.

SEC. 221. 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 and adult 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, and the health and wellness of older adults and chronically impaired disabled persons.“(B) Grant authority.—The Secretary may carry out a program to assist States through grants-in-aid and other means to initiate and maintain nonprofit food service programs for children in institutions providing child care.”;(2) by striking subsection (g) and inserting the following:“(g) Nutritional Requirements for Meals and Snacks Served in Institutions and Family or Group Day Care Homes.—“(1) Definition of dietary guidelines.—In this subsection, the term ‘Dietary Guidelines’ means the Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).“(2) Nutritional requirements.—“(A) In general.—Except as provided in subparagraph (C), reimbursable meals and snacks served by institutions, family or group day care homes, and sponsored centers 124 STAT. 3225 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 the completion of the review of the meal pattern under clause (i), 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) shall not prohibit institutions, family or group day care homes, and sponsored centers from substituting foods to accommodate the medical or other special dietary needs of individual participants.“(ii) Exempt institutions.—The Secretary may elect to waive all or part of the requirements of this subsection for emergency shelters participating in the program under this section.“(3) Meal service.—Institutions, family or group day care homes, and sponsored centers shall ensure that reimbursable meal service 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, family or group day care home, or sponsored center provides fluid milk as part of a reimbursable meal or supplement, the institution, family or group day care home, or sponsored center shall provide the milk in accordance with the most recent version of the Dietary Guidelines.“(B) Milk substitutes.—In the case of children who cannot consume fluid milk due to medical or other special dietary needs other than a disability, an institution, family or group day care home, or sponsored center may substitute 124 STAT. 3226 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, family or group day care home, or sponsored center that elects to make a substitution authorized under this paragraph shall not be required to provide beverages other than beverages the State has identified as acceptable substitutes.“(D) Excess expenses borne by institution.—A participating institution, family or group day care home, or sponsored center shall be responsible for any expenses that—“(i) are incurred by the institution, family or group day care home, or sponsored center to provide substitutions under this paragraph; and“(ii) are in excess of expenses covered under reimbursements under this Act.“(5) Nondiscrimination policy.—No physical segregation or other discrimination against any person shall be made because of the inability of the person to pay, nor shall there be any overt identification of any such person 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.”;(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 physical activity; and“(B) to limit among children under the supervision of the participating child care centers and family or group 124 STAT. 3227 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, potable 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 requirements and wellness recommendations prescribed by the Secretary in accordance with this subsection and subsection (g).“(B) Guidance.—Not later than January 1, 2012, 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, dried, or frozen 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.124 STAT. 3228“(E) Electronic media use.—Technical assistance relating to the electronic media use requirements of this subsection shall include—“(i) education on the benefits of limiting exposure 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, 2010, 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 $10,000,000, to remain available until expended.“(ii) Receipt and acceptance.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under clause (i), without further appropriation.”.