text: 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.
target: 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.
feat_title: To direct the Secretary of Agriculture to assess the effectiveness and efficiency of administrative review systems to ensure compliance with Federal meal standards.