article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Eating Healthy at School Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Information about school meal quality is vital to maximizing the national investment in the school meal programs established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) and for measuring the effectiveness of and compliance with Federal school meal standards. (2) Assessing compliance with Federal school meal standards will enhance child health and the nutritional quality of school meals, contribute to nutrition research and evaluation of the school meal programs, and improve oversight of the school meal programs. (3) According to the School Nutrition Dietary Assessment Study-III of the school meals served under the school meal programs in school year 2004-2005, the majority of schools offered breakfasts and lunches that met the standards for the recommended daily intake of key nutrients, such as vitamins A and C, calcium, protein, and iron, but that the majority of school lunches were still too high in fat, saturated fat, and sodium. (4) Reviews of the nutritional quality of school meals under the school meals initiative for healthy children (60 Fed. Reg. 31188 (1995)) assess only the lunches served in 1 school per school food authority every 5 years and do not include assessments of breakfasts served by schools participating in the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) or compliance with nutrition standards for foods sold in schools outside of the school meal programs. (5) Reviews of school meals under the school meals initiative for healthy children are laborious for State child nutrition programs and local school food authorities. Simplified, less burdensome, and more effective approaches are needed. (6) The Institute of Medicine recommends changes to school meals to reflect 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). The recommendations for new meal requirements involve significant shifts in the approach of schools to menu planning and will likely require new mechanisms for monitoring meal quality. (7) Food of poor nutritional value sold in schools outside of the school meal programs can undermine the national investment in school meals. (8) Gaps in Federal requirements for program integrity reviews limit the ability to identify and address meal counting and claiming errors. (9) Program integrity reviews are not required for the school breakfast program. Twenty-one States reported to the Comptroller General of the United States that they do not review the school breakfast program. (10) The percentage of meal counting and claiming errors is higher in the school breakfast program than in the school lunch program. SEC. 3. COMPLIANCE AND ACCOUNTABILITY STUDY. (a) In General.--The Secretary of Agriculture shall conduct a study to-- (1) assess the effectiveness and efficiency of administrative review systems to ensure-- (A) each local educational agency participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) complies with the provisions of such Act, including the provisions with respect to nutrition, eligibility, meal counts, and claims for reimbursement; (B) each local educational agency participating in the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) complies with the provisions of such Act, including the provisions with respect to nutrition, eligibility, meal counts, and claims for reimbursement; and (C) each local educational agency described in subparagraphs (A) and (B) is accountable for the compliance described in such subparagraphs; (2) design and test alternative processes and procedures that may improve the effectiveness and efficiency of the administrative review systems described in paragraph (1), and determine the optimal frequency for carrying out reviews under such systems; and (3) identify any alternative processes and procedures for establishing a more effective and efficient administrative review system which-- (A) reflect the results of tests of alternative processes and procedures conducted pursuant to paragraph (2); and (B) consider the practicality of implementing such alternative processes and procedures, including the cost and burden of implementation that would be imposed on local school food authorities, local educational agencies, and State educational agencies. (b) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that describes the results and recommendations of the study conducted pursuant to subsection (a). (c) Regulations.--The Secretary of Agriculture may prescribe regulations as may be necessary to implement the processes or procedures identified pursuant to subsection (a)(3) for establishing an effective and efficient administrative review system. (d) Funding.-- (1) In general.--Upon the date of the enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture $3,500,000 to carry out this section, 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.
summary: Eating Healthy at School Act of 2010 - Directs the Secretary of Agriculture to study and report to Congress on: (1) the effectiveness and efficiency of administrative review systems in holding local educational agencies accountable for complying with the requirements of the school lunch and breakfast programs; (2) the design and test of alternative processes and procedures that may improve the effectiveness and efficiency of such systems; and (3) any such alternative processes and procedures that reflect the results of such tests, and consider the practicality of implementation. Authorizes the Secretary to prescribe the regulations necessary to implement such alternative processes or procedures.