Network of Care

Placer County

Wellness and Behavioral Health

S 174

Version: Introduced
Author: Harkin

112th CONGRESS
1st Session
S. 174
To improve the health of Americans and reduce health care costs by reorienting the Nation's health care system toward prevention, wellness, and health promotion.

IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
MR. HARKIN introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL
To improve the health of Americans and reduce health care costs by reorienting the Nation's health care system toward prevention, wellness, and health promotion.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 1. SHORT TITLE; TABLE OF CONTENTS

(a) SHORT TITLE This Act may be cited as the " Healthy Lifestyles and Prevention America Act " or the " HeLP America Act ".

(b) TABLE OF CONTENTS The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I -- Healthier kids and schools

Sec. 101. Nutrition and physical activity in child care quality improvement.

Sec. 102. Access to local foods and school gardens at preschools and child care.

Sec. 103. Fresh fruit and vegetable program.

Sec. 104. Equal physical activity opportunities for students with disabilities.

TITLE II -- Healthier communities and workplaces

Subtitle A -- Creating healthier communities

Sec. 201. Technical assistance for the development of joint use agreements.

Sec. 202. Community sports programs for individuals with disabilities.

Sec. 203. Community gardens.

Sec. 204. Physical activity guidelines for Americans.

Sec. 205. Tobacco taxes parity.

Sec. 206. Leveraging and coordinating federal resources for improved health.

Subtitle B -- Incentives for a healthier workforce

Sec. 211. Tax credit to employers for costs of implementing wellness programs.

Sec. 212. Employer-provided off-premises athletic facilities.

Sec. 213. Task force for the promotion of breastfeeding in the workplace.

Sec. 214. Improving healthy eating and active living options in Federal workplaces.

TITLE III -- Responsible marketing and consumer awareness

Sec. 301. Guidelines for reduction in sodium content in certain foods.

Sec. 302. Nutrition labeling for food products sold principally for use in restaurants or other retail food establishments.

Sec. 303. Front-label food guidance systems.

Sec. 304. Rulemaking authority for advertising to children.

Sec. 305. Health literacy: research, coordination and dissemination.

Sec. 306. Disallowance of deductions for advertising and marketing expenses relating to tobacco product use.

Sec. 307. Incentives to reduce tobacco use.

TITLE IV -- Expanded coverage of preventive services

Sec. 401. Required coverage of preventive services under the Medicaid program.

Sec. 402. Coverage for comprehensive workplace wellness program and preventive services.

Sec. 403. Health professional education and training in healthy eating.

TITLE V -- Research

Sec. 501. Grants for Body Mass Index data analysis.

Sec. 502. National assessment of mental health needs.

TITLE I HEALTHIER KIDS AND SCHOOLS --

SEC. 101. NUTRITION AND PHYSICAL ACTIVITY IN CHILD CARE QUALITY IMPROVEMENT

Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended --

(1) by striking "choice, and" and inserting "choice,"; and

(2) by inserting after "referral services)" the following: ", and the provision of resources to enable eligible child care providers to meet, exceed, or sustain success in meeting or exceeding Federal or State high-quality program standards relating to health, mental health, nutrition, physical activity, and physical development".

SEC. 102. ACCESS TO LOCAL FOODS AND SCHOOL GARDENS AT PRESCHOOLS AND CHILD CARE

Section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)) is amended --

(1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

(2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following:

"(1) DEFINITIONS In this subsection:

"(A) CHILD CARE CENTER The term "child care center" means a child care center participating in the program under section 17 (other than a child care center that solely participates in the program under subsection (r) of that section).

"(B) SPONSORING ORGANIZATION The term "sponsoring organization" means an institution described in subparagraphs (C), (D), or (E) of section 17(a)(2). " ;

(3) in paragraph (2) (as so redesignated) --

(A) in the paragraph heading, by striking " In general" and inserting " Assistance";

(B) in the matter preceding subparagraph (A), by inserting ", child care centers, sponsoring organizations for home-based care," after "schools"; and

(C) in subparagraph (A), by inserting ", child care centers, sponsoring organizations for home-based care," after "schools";

(4) in paragraph (3) (as so redesignated), by striking "paragraph (1)" and inserting "paragraph (2)"; and

(5) in paragraph (4) (as so redesignated) --

(A) in subparagraph (A)(i) --

(i) in subclause (I), by striking "or";

(ii) in subclause (II), by striking the period at the end and inserting "; or"; and

(iii) by adding at the end the following:

"(III) a consortium of at least 2 child care centers or sponsoring organizations for home-based care with hands-on vegetable gardening and nutrition education that is incorporated into the curriculum for 1 or more age groups at 2 or more eligible centers or family child care homes supported by sponsoring organizations for home-based care. " ; and

(B) in subparagraph (F), by striking "paragraph (1)(H)" and inserting "paragraph (2)(H)".

SEC. 103. FRESH FRUIT AND VEGETABLE PROGRAM

Section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) is amended --

(1) by striking subsections (c) and (d) and inserting the following:

"(c) SCHOOL PARTICIPATION

"(1) IN GENERAL Each State shall carry out the program in each elementary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) in the State --

"(A) in which not less than 50 percent of the students are eligible for free or reduced price meals under this Act; and

"(B) that submits an application in accordance with paragraph (2).

"(2) APPLICATION

"(A) IN GENERAL An interested elementary school shall submit to the State an application containing --

"(i) information pertaining to the percentage of students enrolled in the school who are eligible for free or reduced price school lunches under this Act;

"(ii) a certification of support for participation in the program signed by the school food manager, the school principal, and the district superintendent (or equivalent positions, as determined by the school);

"(iii) a plan for implementation of the program, including efforts to integrate activities carried out under this section with other efforts to promote sound health and nutrition, reduce overweight and obesity, or promote physical activity; and

"(iv) such other information as may be requested by the Secretary.

"(B) PARTNERSHIPS Each State shall encourage interested elementary schools to submit a plan for implementation of the program that includes a partnership with 1 or more entities that will provide non-Federal resources (including entities representing the fruit and vegetable industry). " ;

(2) by striking subsection (i) and inserting the following:

"(i) FUNDING

"(1) IN GENERAL 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 such sums as are necessary, to remain available until expended.

"(2) 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. " ; and

(3) by redesignating subsections (e) through (i) as subsections (d) through (h), respectively.

SEC. 104. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES FOR STUDENTS WITH DISABILITIES

(a) IN GENERAL Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) is amended by adding at the end the following:

"SEC. 511. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES FOR STUDENTS WITH DISABILITIES

"(a) IN GENERAL The Secretary shall promote equal opportunities for students with disabilities to be included and to participate in physical education and extracurricular athletics implemented in, or in conjunction with, elementary schools, secondary schools, and institutions of higher education, by ensuring the provision of appropriate technical assistance and guidance for schools and institutions described in this subsection and their personnel.

"(b) TECHNICAL ASSISTANCE AND GUIDANCE The provision of technical assistance and guidance described in subsection (a) shall include --

"(1) providing technical assistance to elementary schools, secondary schools, local educational agencies, State educational agencies, and institutions of higher education, regarding --

"(A) inclusion and participation of students with disabilities, in a manner equal to that of the other students, in physical education opportunities (including classes), and extracurricular athletics opportunities, including technical assistance on providing reasonable modifications to policies, practices, and procedures, and providing supports to ensure such inclusion and participation;

"(B) provision of adaptive sports programs, in the physical education and extracurricular athletics opportunities, including programs with competitive sports leagues or competitions, for students with disabilities; and

"(C) responsibilities of the schools, institutions, and agencies involved under section 504, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and any other applicable Federal law to provide students with disabilities equal access to extracurricular athletics;

"(2) facilitating information sharing among the schools, institutions, and agencies, and students with disabilities, on ways to provide inclusive opportunities in physical education and extracurricular athletics for students with disabilities; and

"(3) monitoring the extent to which physical education and extracurricular athletics opportunities for students with disabilities are implemented in, or in conjunction with, elementary schools, secondary schools, and institutions of higher education.

"(c) DEFINITIONS In this section:

"(1) AGENCIES The terms "local educational agency" and "State educational agency" have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

"(2) SCHOOLS The terms "elementary school", "secondary school", and "institution of higher education" mean an elementary school, secondary school, or institution of higher education, respectively (as defined in section 9101 of the Elementary and Secondary Education Act of 1965), that receives or has 1 or more students that receive, Federal financial assistance.

"(3) STUDENT WITH A DISABILITY

"(A) IN GENERAL The term "student with a disability" means an individual who --

"(i) attends an elementary school, secondary school, or institution of higher education; and

"(ii) who --

"(I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or

"(II) is an individual with a disability, for purposes of section 504 or the Americans with Disabilities Act of 1990.

"(B) STUDENTS WITH DISABILITIES The term "students with disabilities" means more than 1 student with a disability. " .

(b) TABLE OF CONTENTS The table of contents in section 1(b) of the Rehabilitation Act of 1973 is amended by inserting after the item relating to section 509 the following:

"Sec. 510. Establishment of standards for accessible medical diagnostic equipment.

"Sec. 511. Equal physical activity opportunities for students with disabilities."

" .

TITLE II HEALTHIER COMMUNITIES AND WORKPLACES --

SUBTITLE A CREATING HEALTHIER COMMUNITIES --

SEC. 201. TECHNICAL ASSISTANCE FOR THE DEVELOPMENT OF JOINT USE AGREEMENTS

(a) IN GENERAL The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Secretary of Education and in consultation with leading national experts and organizations advancing healthy living in the school environment, shall develop and disseminate guidelines and best practices, including model documents, and provide technical assistance to elementary and secondary schools to assist such schools with the development of joint use agreements so as to address liability, operational and management, and cost issues that may otherwise impede the ability of community members to use school facilities for recreational and nutritional purposes during nonschool hours.

(b) DEFINITION In this section, the term "joint use agreement" means a formal agreement between an elementary or secondary school and another entity relating to the use of the school's facilities, equipment, or property, including recreational and food services facilities, equipment, and property, by individuals other than the school's students or staff.

SEC. 202. COMMUNITY SPORTS PROGRAMS FOR INDIVIDUALS WITH DISABILITIES

Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following:

"SEC. 399V-5. COMMUNITY SPORTS PROGRAMS FOR INDIVIDUALS WITH DISABILITIES

"(a) IN GENERAL

"(1) INDIVIDUAL WITH A DISABILITY DEFINED For purposes of this section, the term "individual with a disability" means any person who has a disability as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).

"(2) INDIVIDUAL WITH A PHYSICAL DISABILITY The term "individual with a physical disability" means an individual with a disability that has a physical or visual disability.

"(3) COMMUNITY SPORTS GRANTS PROGRAM The Secretary, in collaboration with the National Advisory Committee on Community Sports Programs for Individuals with Disabilities, may award grants on a competitive basis to public and nonprofit private entities to implement community-based, sports and athletic programs for individuals with disabilities, including youth with disabilities.

"(b) APPLICATION To be eligible to receive a grant under this section, a public or nonprofit private entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.

"(c) AUTHORIZED ACTIVITIES Amounts awarded under a grant under subsection (a) shall be used for --

"(1) community-based sports programs, leagues, or competitions in individual or team sports for individuals with physical disabilities;

"(2) regional sports programs or competitions in individual or team sports for individuals with physical disabilities;

"(3) the development of competitive team and individual sports programs for individuals with disabilities at the high school and collegiate level; or

"(4) the development of mentoring programs to encourage participation in sports programs for individuals with disabilities, including individuals with recently acquired disabilities.

"(d) PRIORITIES

"(1) ADVISORY COMMITTEE The Secretary shall establish a National Advisory Committee on Community Sports Programs for Individuals with Disabilities that shall --

"(A) establish priorities for the implementation of this section;

"(B) review grant proposals;

"(C) make recommendations for distribution of the available appropriated funds to specific applicants; and

"(D) annually evaluate the progress of programs carried out under this section in implementing such priorities.

"(2) REPRESENTATION The Advisory Committee established under paragraph (1) shall include representatives of --

"(A) the Department of Health and Human Services Office on Disability;

"(B) the United States Surgeon General;

"(C) the Centers for Disease Control and Prevention;

"(D) disabled sports organizations;

"(E) organizations that represent the interests of individuals with disabilities; and

"(F) individuals with disabilities (including athletes with physical disabilities) or their family members.

"(e) DISSEMINATION OF INFORMATION The Secretary shall disseminate information about the availability of grants under this section in a manner that is designed to reach public entities and nonprofit private organizations that are dedicated to providing outreach, advocacy, or independent living services to individuals with disabilities.

"(f) TECHNICAL ASSISTANCE The Secretary, in conjunction with the United States Olympic Committee and disabled sports organizations, shall establish a technical assistance center to provide training, support, and information to grantees under this section on establishing and operating community sports programs for individuals with disabilities.

"(g) REPORT TO CONGRESS Not later than 180 days after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report summarizing activities, findings, outcomes, and recommendations resulting from the grant projects funded under this section during the year for which the report is being prepared.

"(h) AUTHORIZATION OF APPROPRIATIONS

"(1) IN GENERAL To carry out this section, there are authorized to be appropriated such sums as may be necessary.

"(2) LIMITATION Not to exceed 10 percent of the amount appropriated in each fiscal year shall be used to carry out activities under subsection (c)(4). " .

SEC. 203. COMMUNITY GARDENS

Subtitle D of title X of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246 ; 122 Stat. 2109) is amended by adding at the end the following:

"SEC. 10405. COMMUNITY GARDEN GRANT PROGRAM

"(a) DEFINITIONS In this section:

"(1) ELIGIBLE ENTITY The term "eligible entity" means --

"(A) a nonprofit organization; or

"(B) a unit of general local government, or tribal government, located on tribal land or in a low-income community.

"(2) LOW-INCOME COMMUNITY The term "low-income community" means --

"(A) a community in which not less than 50 percent of children are eligible for free or reduced priced meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or

"(B) any other community determined by the Secretary to be low-income for purposes of this section.

"(3) UNIT OF GENERAL LOCAL GOVERNMENT The term "unit of general local government" has the meaning given the term in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302).

"(b) PROGRAM ESTABLISHED Using such amounts as are appropriated to carry out this section, the Secretary shall award grants to eligible entities to expand, establish, or maintain community gardens.

"(c) APPLICATION To be considered for a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including --

"(1) an assurance that priority for hiring for jobs created by the expansion, establishment, or maintenance of a community garden funded with a grant received under this section will be given to individuals who reside in the community in which the garden is located; and

"(2) a demonstration that the eligible entity is committed to providing non-Federal financial or in-kind support (such as providing a water supply) for the community garden for which the entity receives funds under this section. " .

SEC. 204. PHYSICAL ACTIVITY GUIDELINES FOR AMERICANS

(a) REPORT

(1) IN GENERAL At least every 5 years, the Secretary of Health and Human Services (in this Act referred to as the "Secretary") shall publish a report entitled "Physical Activity Guidelines for Americans". Each such report shall contain physical activity information and guidelines for the general public, and shall be promoted by each Federal agency in carrying out any Federal health program.

(2) BASIS OF GUIDELINES The information and guidelines contained in each report required under paragraph (1) shall be based on the preponderance of the scientific and medical knowledge which is current at the time the report is prepared, and shall include guidelines for identified population subgroups, including children, if the preponderance of scientific and medical knowledge indicates those subgroups require different levels of physical activity.

(b) APPROVAL BY SECRETARY

(1) REVIEW Any Federal agency that proposes to issue any physical activity guidance for the general population or identified population subgroups shall submit the text of such guidance to the Secretary for a 60-day review period.

(2) BASIS OF REVIEW

(A) IN GENERAL During the 60-day review period established in paragraph (1), the Secretary shall review and approve or disapprove such guidance to assure that the guidance either is consistent with the "Physical Activity Guidelines for Americans" or that the guidance is based on medical or new scientific knowledge which is determined to be valid by the Secretary. If after such 60-day review period the Secretary has not notified the proposing agency that such guidance has been disapproved, then such guidance may be issued by the agency. If the Secretary disapproves such guidance, it shall be returned to the agency. If the Secretary finds that such guidance is inconsistent with the "Physical Activity Guidelines for Americans" and so notifies the proposing agency, such agency shall follow the procedures set forth in this subsection before disseminating such proposal to the public in final form. If after such 60-day period, the Secretary disapproves such guidance as inconsistent with the "Physical Activity Guidelines for Americans" the proposing agency shall --

(i) publish a notice in the Federal Register of the availability of the full text of the proposal and the preamble of such proposal which shall explain the basis and purpose for the proposed physical activity guidance;

(ii) provide in such notice for a public comment period of 30 days; and

(iii) make available for public inspection and copying during normal business hours any comment received by the agency during such comment period.

(B) REVIEW OF COMMENTS After review of comments received during the comment period, the Secretary may approve for dissemination by the proposing agency a final version of such physical activity guidance along with an explanation of the basis and purpose for the final guidance which addresses significant and substantive comments as determined by the proposing agency.

(C) ANNOUNCEMENT Any such final physical activity guidance to be disseminated under subparagraph (B) shall be announced in a notice published in the Federal Register, before public dissemination along with an address where copies may be obtained.

(D) NOTIFICATION OF DISAPPROVAL If after the 30-day period for comment as provided under subparagraph (A)(ii), the Secretary disapproves a proposed physical activity guidance, the Secretary shall notify the Federal agency submitting such guidance of such disapproval, and such guidance may not be issued, except as provided in subparagraph (E).

(E) REVIEW OF DISAPPROVAL If a proposed physical activity guidance is disapproved by the Secretary under subparagraph (D), the Federal agency proposing such guidance may, within 15 days after receiving notification of such disapproval under subparagraph (D), request the Secretary to review such disapproval. Within 15 days after receiving a request for such a review, the Secretary shall conduct such review. If, pursuant to such review, the Secretary approves such proposed physical activity guidance, such guidance may be issued by the Federal agency.

(3) DEFINITIONS In this subsection:

(A) The term "physical activity guidance for the general population" does not include any rule or regulation issued by a Federal agency.

(B) The term "identified population subgroups" shall include, but not be limited to, groups based on factors such as age, sex, race, or physical disability.

(c) EXISTING AUTHORITY NOT AFFECTED This section does not place any limitations on --

(1) the conduct or support of any scientific or medical research by any Federal agency; or

(2) the presentation of any scientific or medical findings or the exchange or review of scientific or medical information by any Federal agency.

SEC. 205. TOBACCO TAXES PARITY

(a) INCREASE IN EXCISE TAX ON SMALL CIGARETTES AND SMALL CIGARS

(1) Section 5701(a)(1) of the Internal Revenue Code of 1986 is amended by striking "$50.33" and inserting "$77.83".

(2) Section 5701(b)(1) of the Internal Revenue Code of 1986 is amended by striking "$50.33" and inserting "$77.83"

(b) TAX PARITY FOR PIPE TOBACCO AND ROLL-YOUR-OWN TOBACCO

(1) Section 5701(f) of the Internal Revenue Code of 1986 is amended by striking "$2.8311 cents" and inserting "$38.32".

(2) Section 5701(g) of the Internal Revenue Code of 1986 is amended by striking "$24.78" and inserting "$38.32".

(c) CLARIFICATION OF DEFINITION OF SMALL CIGARS Paragraphs (1) and (2) of section 5701(a) of the Internal Revenue Code of 1986 are each amended by striking "three pounds per thousand" and inserting "four and one-half pounds per thousand".

(d) CLARIFICATION OF DEFINITION OF CIGARETTE Paragraph (2) of section 5702(b) of the Internal Revenue Code of 1986 is amended by insert before the final period the following: ", which includes any roll for smoking containing tobacco that weighs no more than four and a half pounds per thousand, unless it is wrapped in whole tobacco leaf and does not have a cellulose acetate or other cigarette-style filter".

(e) TAX PARITY FOR SMOKELESS TOBACCO

(1) Section 5701(e) of the Internal Revenue Code of 1986 is amended --

(A) in paragraph (1), by striking "$1.51" and inserting "$20.75";

(B) in paragraph (2), by striking "50.33 cents" and inserting "$8.30"; and

(C) by adding at the end the following:

"(3) SMOKELESS TOBACCO SOLD IN DISCRETE SINGLE-USE UNITS On discrete single-use units, $77.83 per each 1,000 single-use units. " .

(2) Section 5702(m) of the Internal Revenue Code of 1986 is amended --

(A) in paragraph (1), "or chewing tobacco" and inserting "chewing tobacco, discrete single-use unit";

(B) in paragraphs (2) and (3), by inserting "that is not a discrete single-use unit" before the period in each such paragraph;

(C) by adding at the end the following:

"(4) DISCRETE SINGLE-USE UNIT The term "discrete single-use unit" means any product containing tobacco that --

"(A) is intended or expected to be consumed without being combusted; and

"(B) is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit. " .

(f) CLARIFYING OTHER TOBACCO TAX DEFINITIONS

(1) TOBACCO PRODUCT DEFINITION Section 5702(c) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: ", and any other product containing tobacco that is intended or expected to be consumed".

(2) CIGARETTE PAPER DEFINITION Section 5702(e) of the Internal Revenue Code of 1986 is amended by striking "except tobacco," and inserting "or cigar".

(3) CIGARETTE TUBE DEFINITION Section 5702(f) of the Internal Revenue Code of 1986 is amended by inserting before the period "or cigars".

(4) IMPORTER DEFINITION Section 5702(k) of the Internal Revenue Code of 1986 is amended by inserting "or any other tobacco product" after "cigars or cigarettes".

(g) FLOOR STOCKS TAXES

(1) IMPOSITION OF TAX On tobacco products manufactured in or imported into the United States which are removed before any tax increase date and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of --

(A) the tax which would be imposed under section 5701 of the Internal Revenue Code of 1986 on the article if the article had been removed on such date, over

(B) the prior tax (if any) imposed under section 5701 of such Code on such article.

(2) CREDIT AGAINST TAX Each person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $500. Such credit shall not exceed the amount of taxes imposed by paragraph (1) on such date for which such person is liable.

(3) LIABILITY FOR TAX AND METHOD OF PAYMENT

(A) LIABILITY FOR TAX A person holding tobacco products on any tax increase date to which any tax imposed by paragraph (1) applies shall be liable for such tax.

(B) METHOD OF PAYMENT The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations.

(C) TIME FOR PAYMENT The tax imposed by paragraph (1) shall be paid on or before the date that is 120 days after the effective date of the tax rate increase.

(4) ARTICLES IN FOREIGN TRADE ZONES Notwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.) or any other provision of law, any article which is located in a foreign trade zone on any tax increase date shall be subject to the tax imposed by paragraph (1) if --

(A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the 1st proviso of section 3(a) of such Act, or

(B) such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the 2d proviso of such section 3(a).

(5) DEFINITIONS For purposes of this subsection --

(A) IN GENERAL Any term used in this subsection which is also used in section 5702 of such Code shall have the same meaning as such term has in such section.

(B) TAX INCREASE DATE The term "tax increase date" means the effective date of any increase in any tobacco product excise tax rate pursuant to the amendments made by this section.

(C) SECRETARY The term "Secretary" means the Secretary of the Treasury or the Secretary's delegate.

(6) CONTROLLED GROUPS Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection.

(7) OTHER LAWS APPLICABLE All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made.

(h) EFFECTIVE DATE The amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after December 31, 2010.

SEC. 206. LEVERAGING AND COORDINATING FEDERAL RESOURCES FOR IMPROVED HEALTH

(a) HEALTH IMPACTS OF NON-HEALTH LEGISLATION

(1) IN GENERAL Not later than 6 months after the date of enactment of this Act, the National Prevention, Health Promotion and Public Health Council, shall enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study to assess the potential health impacts of major non-health related legislation that is likely to be considered by Congress within a year of completion of the study. Such study shall identify the ways in which such legislation involved is likely to impact the health of Americans and shall contain recommendations to Congress on ways to maximize the positive health impacts and minimize the negative health impacts.

(2) TIMING The timing of the study under paragraph (1) shall be provide for in a manner that ensures that the results of the study will be available at least 3 months prior to the consideration of the legislation involved by Congress.

(3) GUIDELINES To the extent practicable, the Council under paragraph (1) shall ensure that the study conducted under this subsection complies with the consensus guidelines on how to carry out a health impact assessment, including stakeholder engagement guidelines, such as the HIA of the Americas Practice Guidelines and guidelines promulgated by the World Health Organization and other consensus bodies.

(4) REPORT Upon completion of the study under this subsection, the Institute of Medicine shall submit to the Council under paragraph (1), and make available to the general public, a report that --

(A) summarizes the direct, indirect, and cumulative health impacts identified in the assessment; and

(B) contains recommendations for how to maximize positive health impacts and minimize negative health impacts of the legislation involved.

(5) TYPE OF LEGISLATION For purposes of this subsection, the term "non-health related legislation" shall have the meaning given such term by the Council under paragraph (1), and shall include legislation that is likely to have impacts on the health of Americans where such impacts are not likely to be considered by Congress to the extent required by their scope without the conduct of an assessment under this subsection. Examples of major non-health related legislation that could be the subject of the study include reauthorizations of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU; Public Law 109-59), the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), and the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

(b) IMPROVING HEALTH IMPACTS OF FEDERAL AGENCY ACTIVITIES

(1) IN GENERAL The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the National Prevention, Health Promotion and Public Health Council, shall detail employees of the Department of Health and Human Services to policy and program planning offices of other Federal departments and agencies, including the Department of Transportation, the Department of Housing and Urban Development, the Department of Agriculture, the Department of Education, and the Department of the Interior, in order to assist those departments and agencies to consider the impacts of their activities on the health of the populations served and to assist with the integration of health goals into the activities of the departments and agencies, as appropriate.

(2) DUTIES Employees detailed under paragraph (1) shall assist with assessments of the potential impacts of the programs and activities of the department or agency involved on the health and well-being of the populations served, the development of metrics and performance standards that can be incorporated, as appropriate, into the activities, performance measurements, and grant and contract standards of the department or agency, and the development of the report detailed in paragraph (3).

(3) REPORTS Not later than 1 year after the date of enactment of this Act, and annually thereafter, each department and agency with a detailee under this section shall submit to the National Prevention, Health Promotion and Public Health Council, the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report detailing the health impacts of the department or agency's activities and any plans to improve those impacts.

SUBTITLE B INCENTIVES FOR A HEALTHIER WORKFORCE --

SEC. 211. TAX CREDIT TO EMPLOYERS FOR COSTS OF IMPLEMENTING WELLNESS PROGRAMS

(a) IN GENERAL Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following:

"SEC. 45S. WELLNESS PROGRAM CREDIT

"(a) ALLOWANCE OF CREDIT

"(1) IN GENERAL For purposes of section 38, the wellness program credit determined under this section for any taxable year during the credit period with respect to an employer is an amount equal to 50 percent of the costs paid or incurred by the employer in connection with a qualified wellness program during the taxable year.

"(2) LIMITATION The amount of credit allowed under paragraph (1) for any taxable year shall not exceed the sum of --

"(A) the product of $200 and the number of employees of the employer not in excess of 200 employees, plus

"(B) the product of $100 and the number of employees of the employer in excess of 200 employees.

"(b) QUALIFIED WELLNESS PROGRAM For purposes of this section --

"(1) QUALIFIED WELLNESS PROGRAM The term "qualified wellness program" means a program which --

"(A) consists of any 3 of the wellness program components described in subsection (c), and

"(B) which is certified by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and Secretary of Labor, as a qualified wellness program under this section.

"(2) PROGRAMS MUST BE CONSISTENT WITH RESEARCH AND BEST PRACTICES

"(A) IN GENERAL The Secretary of Health and Human Services shall not certify a program as a qualified wellness program unless the program --

"(i) is consistent with evidence-based research and best practices, as identified by persons with expertise in employer health promotion and wellness programs,

"(ii) includes multiple, evidence-based strategies which are based on the existing and emerging research and careful scientific reviews, including the Guide to Community Preventive Services, the Guide to Clinical Preventive Services, and the National Registry for Effective Programs, and

"(iii) includes strategies which focus on employee populations with a disproportionate burden of health problems.

"(B) PERIODIC UPDATING AND REVIEW The Secretary of Health and Human Services shall establish procedures for periodic review and recertifications of programs under this subsection. Such procedures shall require revisions of programs if necessary to ensure compliance with the requirements of this section and require updating of the programs to the extent the Secretary, in consultation with the Secretary of the Treasury and the Secretary of Labor, determines necessary to reflect new scientific findings.

"(3) HEALTH LITERACY The Secretary of Health and Human Services shall, as part of the certification process, encourage employers to make the programs culturally competent and to meet the health literacy needs of the employees covered by the programs.

"(c) WELLNESS PROGRAM COMPONENTS For purposes of this section, the wellness program components described in this subsection are the following:

"(1) HEALTH AWARENESS COMPONENT A health awareness component which provides for the following:

"(A) HEALTH EDUCATION The dissemination of health information which addresses the specific needs and health risks of employees.

"(B) HEALTH SCREENINGS The opportunity for periodic screenings for health problems and referrals for appropriate follow up measures.

"(2) EMPLOYEE ENGAGEMENT COMPONENT An employee engagement component which provides for --

"(A) the establishment of a committee to actively engage employees in worksite wellness programs through worksite assessments and program planning, delivery, evaluation, and improvement efforts, and

"(B) the tracking of employee participation.

"(3) BEHAVIORAL CHANGE COMPONENT A behavioral change component which provides for altering employee lifestyles to encourage healthy living through counseling, seminars, on-line programs, or self-help materials which provide technical assistance and problem solving skills. Such component may include programs relating to --

"(A) tobacco use,

"(B) overweight and obesity,

"(C) stress management,

"(D) physical activity,

"(E) nutrition,

"(F) substance abuse,

"(G) depression, and

"(H) mental health promotion (including anxiety).

"(4) SUPPORTIVE ENVIRONMENT COMPONENT A supportive environment component which includes the following:

"(A) ON-SITE POLICIES Policies and services at the worksite which promote a healthy lifestyle, including policies relating to --

"(i) tobacco use at the worksite,

"(ii) the nutrition of food available at the worksite through cafeterias and vending options,

"(iii) minimizing stress and promoting positive mental health in the workplace,

"(iv) where applicable, accessible and attractive stairs, and

"(v) the encouragement of physical activity before, during, and after work hours.

"(B) PARTICIPATION INCENTIVES

"(i) IN GENERAL Qualified incentive benefits for each employee who participates in the health screenings described in paragraph (1)(B) or the behavioral change programs described in paragraph (3).

"(ii) QUALIFIED INCENTIVE BENEFIT For purposes of clause (i), the term "qualified incentive benefit" means any benefit which is approved by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor. Such benefit may include an adjustment in health insurance premiums or co-pays.

"(C) EMPLOYEE INPUT The opportunity for employees to participate in the management of any qualified wellness program to which this section applies.

"(d) PARTICIPATION REQUIREMENT

"(1) IN GENERAL No credit shall be allowed under subsection (a) unless the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and Secretary of Labor, as a part of any certification described in subsection (b), that each wellness program component of the qualified wellness program applies to all qualified employees of the employer. The Secretary of Health and Human Services shall prescribe rules under which an employer shall not be treated as failing to meet the requirements of this subsection merely because the employer provides specialized programs for employees with specific health needs or unusual employment requirements or provides a pilot program to test new wellness strategies.

"(2) QUALIFIED EMPLOYEE For purposes of paragraph (1), the term "qualified employee" means an employee who works an average of not less than 25 hours per week during the taxable year.

"(e) OTHER DEFINITIONS AND SPECIAL RULES For purposes of this section --

"(1) EMPLOYEE AND EMPLOYER

"(A) PARTNERS AND PARTNERSHIPS The term "employee" includes a partner and the term "employer" includes a partnership.

"(B) CERTAIN RULES TO APPLY Rules similar to the rules of section 52 shall apply.

"(2) CERTAIN COSTS NOT INCLUDED Costs paid or incurred by an employer for food or health insurance shall not be taken into account under subsection (a).

"(3) NO CREDIT WHERE GRANT AWARDED No credit shall be allowable under subsection (a) with respect to any qualified wellness program of any taxpayer (other than an eligible employer described in subsection (f)(2)(A)) who receives a grant provided by the United States, a State, or a political subdivision of a State for use in connection with such program. The Secretary shall prescribe rules providing for the waiver of this paragraph with respect to any grant which does not constitute a significant portion of the funding for the qualified wellness program.

"(4) CREDIT PERIOD

"(A) IN GENERAL The term "credit period" means the period of 10 consecutive taxable years beginning with the taxable year in which the qualified wellness program is first certified under this section.

"(B) SPECIAL RULE FOR EXISTING PROGRAMS In the case of an employer (or predecessor) which operates a wellness program for its employees on the date of the enactment of this section, subparagraph (A) shall be applied by substituting "3 consecutive taxable years" for "10 consecutive taxable years". The Secretary shall prescribe rules under which this subsection shall not apply if an employer is required to make substantial modifications in the existing wellness program in order to qualify such program for certification as a qualified wellness program.

"(C) CONTROLLED GROUPS For purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer.

"(f) PORTION OF CREDIT MADE REFUNDABLE

"(1) IN GENERAL In the case of an eligible employer of an employee, the aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of --

"(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 38(c), or

"(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection) would increase if the limitation imposed by section 38(c) for any taxable year were increased by the amount of employer payroll taxes imposed on the taxpayer during the calendar year in which the taxable year begins.

"The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of the credit otherwise allowable under subsection (a) without regard to section 38(c).

"(2) ELIGIBLE EMPLOYER For purposes of this subsection, the term "eligible employer" means an employer which is --

"(A) a State or political subdivision thereof, the District of Columbia, a possession of the United States, or an agency or instrumentality of any of the foregoing, or

"(B) any organization described in section 501(c) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code.

"(3) EMPLOYER PAYROLL TAXES For purposes of this subsection --

"(A) IN GENERAL The term "employer payroll taxes" means the taxes imposed by --

"(i) section 3111(b), and

"(ii) sections 3211(a) and 3221(a) (determined at a rate equal to the rate under section 3111(b)).

"(B) SPECIAL RULE A rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of subparagraph (A).

"(g) TERMINATION This section shall not apply to any amount paid or incurred after December 31, 2017. " .

(b) TREATMENT AS GENERAL BUSINESS CREDIT Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking "plus" at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ", plus", and by adding at the end the following:

"(37) the wellness program credit determined under section 45S. " .

(c) DENIAL OF DOUBLE BENEFIT Section 280C of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

"(j) WELLNESS PROGRAM CREDIT

"(1) IN GENERAL No deduction shall be allowed for that portion of the costs paid or incurred for a qualified wellness program (within the meaning of section 45S) allowable as a deduction for the taxable year which is equal to the amount of the credit allowable for the taxable year under section 45S.

"(2) SIMILAR RULE WHERE TAXPAYER CAPITALIZES RATHER THAN DEDUCTS EXPENSES If --

"(A) the amount of the credit determined for the taxable year under section 45S, exceeds

"(B) the amount allowable as a deduction for such taxable year for a qualified wellness program,

"the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess.

"(3) CONTROLLED GROUPS In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 41(f)(5)) or a trade or business which is treated as being under common control with other trades or business (within the meaning of section 41(f)(1)(B)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subparagraphs (A) and (B) of section 41(f)(1). " .

(d) CLERICAL AMENDMENT The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following:

"Sec. 45S. Wellness program credit.".

(e) EFFECTIVE DATE The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act.

(f) OUTREACH

(1) IN GENERAL The Secretary of the Treasury, in conjunction with the Director of the Centers for Disease Control and members of the business community, shall institute an outreach program to inform businesses about the availability of the wellness program credit under section 45S of the Internal Revenue Code of 1986 as well as to educate businesses on how to develop programs according to recognized and promising practices and on how to measure the success of implemented programs.

(2) AUTHORIZATION OF APPROPRIATIONS There are authorized to be appropriated such sums as are necessary to carry out the outreach program described in paragraph (1).

SEC. 212. EMPLOYER-PROVIDED OFF-PREMISES ATHLETIC FACILITIES

(a) TREATMENT AS FRINGE BENEFIT Subparagraph (A) of section 132(j)(4) of the Internal Revenue Code of 1986 is amended to read as follows:

"(A) IN GENERAL Gross income shall not include --

"(i) the value of any on-premises athletic facility provided by an employer to its employees, and

"(ii) so much of the fees, dues, or membership expenses paid by an employer to an athletic or fitness facility described in subparagraph (C) on behalf of its employees as does not exceed $900 per employee per year. " .

(b) ATHLETIC FACILITIES DESCRIBED Paragraph (4) of section 132(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

"(C) CERTAIN ATHLETIC OR FITNESS FACILITIES DESCRIBED For purposes of subparagraph (A)(ii), an athletic or fitness facility described in this subparagraph is a facility --

"(i) which provides instruction in a program of physical exercise, offers facilities for the preservation, maintenance, encouragement, or development of physical fitness, or is the site of such a program of a State or local government,

"(ii) which is not a private club owned and operated by its members,

"(iii) which does not offer golf, hunting, sailing, or riding facilities,

"(iv) whose health or fitness facility is not incidental to its overall function and purpose, and

"(v) which is fully compliant with the State of jurisdiction and Federal anti-discrimination laws. " .

(c) EXCLUSION APPLIES TO HIGHLY COMPENSATED EMPLOYEES ONLY IF NO DISCRIMINATION Section 132(j)(1) of the Internal Revenue Code of 1986 is amended --

(1) by striking "Paragraphs (1) and (2) of subsection (a)" and inserting "Subsections (a)(1), (a)(2), and (j)(4)", and

(2) by striking the heading thereof through " apply" and inserting " Certain exclusions apply".

(d) EMPLOYER DEDUCTION FOR DUES TO CERTAIN ATHLETIC FACILITIES

(1) IN GENERAL Paragraph (3) of section 274(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: "The preceding sentence shall not apply to so much of the fees, dues, or membership expenses paid to athletic or fitness facilities (within the meaning of section 132(j)(4)(C)) as does not exceed $900 per employee per year.".

(2) CONFORMING AMENDMENT The last sentence of section 274(e)(4) of such Code is amended by inserting "the first sentence of" before "subsection (a)(3)".

(e) EFFECTIVE DATE The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

SEC. 213. TASK FORCE FOR THE PROMOTION OF BREASTFEEDING IN THE WORKPLACE

(a) ESTABLISHMENT The Secretary of Health and Human Services and the Secretary of Labor, or their designees, shall convene a task force for the purpose of promoting breastfeeding among working mothers (referred to in this section as the "Task Force").

(b) MEMBERSHIP The Task Force shall be composed of members who are --

(1) expert staff from the Department of Labor with expertise in workforce issues;

(2) expert staff from the Department of Health and Human Services with expertise in the areas of breastfeeding and breastfeeding promotion;

(3) members of the United States Breastfeeding Committee;

(4) expert staff from the Department of Agriculture; and

(5) appointed by the Secretary of Health and Human Services and the Secretary of Labor, including --

(A) working mothers who have experience in working and breastfeeding; and

(B) representatives of the human resource departments of both large and small employers that have successfully promoted breastfeeding and breastmilk pumping support at work.

(c) PERIOD OF APPOINTMENT; VACANCIES Members shall be appointed for the life of the Task Force. Any vacancy in the Task Force shall not affects its powers, but shall be filled in the same manner as the original appointment.

(d) CHAIR The Task Force shall be chaired jointly by the Secretary of Health and Human Services and the Secretary of Labor, or their designees.

(e) DUTIES OF THE TASK FORCE

(1) EXAMINATION Consistent with the Department of Health and Human Services Blueprint for Action on Breastfeeding (2000), the Task Force shall examine the following issues:

(A) The challenges that mothers face with continuing breastfeeding when the mothers return to work after giving birth.

(B) The challenges that employers face in accommodating mothers who seek to continue to breastfeed or to express milk when the mothers re-enter the workforce, including different challenges that mothers of varying socio-economic status and in different professions may face.

(C) The benefits that accrue to mothers, babies, and to employers when mothers are able to continue to breastfeed or to express breastmilk at work after the mothers have re-entered the workforce.

(D) Federal and State statutes that may have the effect of reducing breastfeeding and breastfeeding retention rates among working mothers.

(2) REPORTS

(A) IN GENERAL Not later than 1 year after the date of enactment of this section, the Task Force shall issue a public report with recommendations on the following:

(i) Steps that can be taken to promote breastfeeding among working mothers and to remove barriers to breastfeeding among working mothers.

(ii) Potential ways in which the Federal Government can work with employers to promote breastfeeding among working mothers.

(iii) Areas in which changes to existing Federal, State, or local laws would likely have the effect of making it easier for working mothers to breastfeed or would remove impediments to breastfeeding that currently exist in such laws.

(iv) Whether or not increased rates of breastfeeding among working mothers would likely have the result of reducing health care costs among such mothers and their children, and, in particular, whether increased rates of breastfeeding would be likely to result in lower Federal expenditures on health care for such mothers and their children.

(v) Areas in which the Federal Government, through increased efforts by Federal agencies, or changes to existing Federal law, can and should increase the Federal Government's efforts to promote breastfeeding among working mothers.

(B) COPY TO CONGRESS Upon completion of the report described in subparagraph (A), the Task Force shall submit a copy of the report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Appropriations of the House of Representatives.

(f) POWERS OF THE TASK FORCE

(1) HEARINGS The Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Task Force considers advisable to carry out this section.

(2) INFORMATION FROM FEDERAL AGENCIES The Task Force may secure directly from any Federal department or agency such information as the Task Force considers necessary to carry out this section. Upon request of the Chair of the Task Force, the head of such department or agency shall furnish such information to the Task Force.

(3) POSTAL SERVICES The Task Force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(4) DONATIONS The Task Force may accept, use, and dispose of donations of services or property.

(g) OPERATING EXPENSES The operating expenses of the Task Force, including travel expenses for members of the Task Force, shall be paid for from the general operating expenses funds of the Secretary of Health and Human Services and the Secretary of Labor.

SEC. 214. IMPROVING HEALTHY EATING AND ACTIVE LIVING OPTIONS IN FEDERAL WORKPLACES

(a) MENU LABELING IN FEDERAL FOOD ESTABLISHMENTS

(1) IN GENERAL

(A) EXECUTIVE AND JUDICIAL BUILDINGS Section 403(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) is amended by adding at the end the following:

"(6) (A) The requirements of subparagraph (5)(H) shall apply --

"(i) to a restaurant or similar retail food establishment located in a Federal building in the same manner as such subparagraph applies to a restaurant or similar retail food establishment that is part of a chain with 20 or more locations, as described in subparagraph (5)(H)(i); and

"(ii) to a person that operates a vending machine located in a Federal building in the same manner as such subparagraph applies to a person who is engaged in the business of owning or operating 20 or more vending machines, as described in subparagraph (5)(H)(viii).

"(B) In this subparagraph, the term "Federal building" means a building that is --

"(i) under the control of the Federal agency (as defined in section 102 of title 40, United States Code);

"(ii) owned by the Federal Government; and

"(iii) located in a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States. " .

(B) APPLICABILITY The requirement in the amendment made by paragraph (1) shall apply to restaurants or similar retail food establishments and vending machines located in a Federal building beginning 12 months after the date of enactment of this Act.

(2) CONGRESSIONAL BUILDINGS The Architect of the Capitol, in coordination with the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, shall establish a program to apply the requirements of section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) (as amended by paragraph (1)) to --

(A) food that is served in restaurants or other similar retail food establishments that are located in Congressional buildings and installations;

(B) food that is sold through vending machines that are operated in Congressional buildings and installations; and

(C) food that is served to individuals within Congressional buildings and installations pursuant to a contract with a private entity.