H. R. 3590—457 
‘‘(I) IN GENERAL.—Subclauses (i) through (vi) do not 
apply to— 
‘‘(aa) items that are not listed on a menu or menu 
board (such as condiments and other items placed on 
the table or counter for general use); 
‘‘(bb) 
daily 
specials, 
temporary 
menu 
items 
appearing on the menu for less than 60 days per cal-
endar year, or custom orders; or 
‘‘(cc) such other food that is part of a customary 
market test appearing on the menu for less than 90 
days, under terms and conditions established by the 
Secretary. 
‘‘(II) WRITTEN FORMS.—Subparagraph (5)(C) shall apply 
to any regulations promulgated under subclauses (ii)(III) 
and (vi). 
‘‘(viii) VENDING MACHINES.— 
‘‘(I) IN
GENERAL.—In the case of an article of food 
sold from a vending machine that— 
‘‘(aa) does not permit a prospective purchaser to 
examine the Nutrition Facts Panel before purchasing 
the article or does not otherwise provide visible nutri-
tion information at the point of purchase; and 
‘‘(bb) is operated by a person who is engaged in 
the business of owning or operating 20 or more vending 
machines, 
the vending machine operator shall provide a sign in close 
proximity to each article of food or the selection button 
that includes a clear and conspicuous statement disclosing 
the number of calories contained in the article. 
‘‘(ix) VOLUNTARY PROVISION OF NUTRITION INFORMATION.— 
‘‘(I) IN GENERAL.—An authorized official of any res-
taurant or similar retail food establishment or vending 
machine operator not subject to the requirements of this 
clause may elect to be subject to the requirements of such 
clause, by registering biannually the name and address 
of such restaurant or similar retail food establishment or 
vending machine operator with the Secretary, as specified 
by the Secretary by regulation. 
‘‘(II) REGISTRATION.—Within 120 days of enactment of 
this clause, the Secretary shall publish a notice in the 
Federal Register specifying the terms and conditions for 
implementation of item (I), pending promulgation of regula-
tions. 
‘‘(III) RULE OF CONSTRUCTION.—Nothing in this sub-
clause shall be construed to authorize the Secretary to 
require an application, review, or licensing process for any 
entity to register with the Secretary, as described in such 
item. 
‘‘(x) REGULATIONS.— 
‘‘(I) PROPOSED
REGULATION.—Not later than 1 year 
after the date of enactment of this clause, the Secretary 
shall promulgate proposed regulations to carry out this 
clause. 
‘‘(II) CONTENTS.—In promulgating regulations, the Sec-
retary shall— 
‘‘(aa) consider standardization of recipes and 
methods of preparation, reasonable variation in serving
H. R. 3590—458 
size and formulation of menu items, space on menus 
and menu boards, inadvertent human error, training 
of food service workers, variations in ingredients, and 
other factors, as the Secretary determines; and 
‘‘(bb) specify the format and manner of the nutrient 
content disclosure requirements under this subclause. 
‘‘(III) REPORTING.—The Secretary shall submit to the 
Committee on Health, Education, Labor, and Pensions of 
the Senate and the Committee on Energy and Commerce 
of the House of Representatives a quarterly report that 
describes the Secretary’s progress toward promulgating 
final regulations under this subparagraph. 
‘‘(xi) DEFINITION.—In this clause, the term ‘menu’ or ‘menu 
board’ means the primary writing of the restaurant or other 
similar retail food establishment from which a consumer makes 
an order selection.’’ 
(c) NATIONAL UNIFORMITY.—Section 403A(a)(4) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 343–1(a)(4)) is amended 
by striking ‘‘except a requirement for nutrition labeling of food 
which is exempt under subclause (i) or (ii) of section 403(q)(5)(A)’’ 
and inserting ‘‘except that this paragraph does not apply to food 
that is offered for sale in a restaurant or similar retail food 
establishment that is not part of a chain with 20 or more locations 
doing business under the same name (regardless of the type of 
ownership of the locations) and offering for sale substantially the 
same menu items unless such restaurant or similar retail food 
establishment complies with the voluntary provision of nutrition 
information requirements under section 403(q)(5)(H)(ix)’’. 
(d) RULE OF CONSTRUCTION.—Nothing in the amendments made 
by this section shall be construed— 
(1) to preempt any provision of State or local law, unless 
such provision establishes or continues into effect nutrient con-
tent disclosures of the type required under section 403(q)(5)(H) 
of the Federal Food, Drug, and Cosmetic Act (as added by 
subsection (b)) and is expressly preempted under subsection 
(a)(4) of such section; 
(2) to apply to any State or local requirement respecting 
a statement in the labeling of food that provides for a warning 
concerning the safety of the food or component of the food; 
or 
(3) except as provided in section 403(q)(5)(H)(ix) of the 
Federal Food, Drug, and Cosmetic Act (as added by subsection 
(b)), to apply to any restaurant or similar retail food establish-
ment other than a restaurant or similar retail food establish-
ment described in section 403(q)(5)(H)(i) of such Act. 
SEC. 4206. DEMONSTRATION PROJECT CONCERNING INDIVIDUALIZED 
WELLNESS PLAN. 
Section 330 of the Public Health Service Act (42 U.S.C. 245b) 
is amended by adding at the end the following: 
‘‘(s) DEMONSTRATION PROGRAM FOR INDIVIDUALIZED WELLNESS 
PLANS.— 
‘‘(1) IN
GENERAL.—The Secretary shall establish a pilot 
program to test the impact of providing at-risk populations 
who utilize community health centers funded under this section 
an individualized wellness plan that is designed to reduce risk
H. R. 3590—459 
factors for preventable conditions as identified by a comprehen-
sive risk-factor assessment. 
‘‘(2) AGREEMENTS.—The Secretary shall enter into agree-
ments with not more than 10 community health centers funded 
under this section to conduct activities under the pilot program 
under paragraph (1). 
‘‘(3) WELLNESS PLANS.— 
‘‘(A) IN GENERAL.—An individualized wellness plan pre-
pared under the pilot program under this subsection may 
include one or more of the following as appropriate to 
the individual’s identified risk factors: 
‘‘(i) Nutritional counseling. 
‘‘(ii) A physical activity plan. 
‘‘(iii) Alcohol and smoking cessation counseling and 
services. 
‘‘(iv) Stress management. 
‘‘(v) Dietary supplements that have health claims 
approved by the Secretary. 
‘‘(vi) Compliance assistance provided by a commu-
nity health center employee. 
‘‘(B) RISK FACTORS.—Wellness plan risk factors shall 
include— 
‘‘(i) weight; 
‘‘(ii) tobacco and alcohol use; 
‘‘(iii) exercise rates; 
‘‘(iv) nutritional status; and 
‘‘(v) blood pressure. 
‘‘(C) COMPARISONS.—Individualized wellness plans 
shall make comparisons between the individual involved 
and a control group of individuals with respect to the 
risk factors described in subparagraph (B). 
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection, such sums 
as may be necessary.’’. 
SEC. 4207. REASONABLE BREAK TIME FOR NURSING MOTHERS. 
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
207) is amended by adding at the end the following: 
‘‘(r)(1) An employer shall provide— 
‘‘(A) a reasonable break time for an employee to express 
breast milk for her nursing child for 1 year after the child’s 
birth each time such employee has need to express the milk; 
and 
‘‘(B) a place, other than a bathroom, that is shielded from 
view and free from intrusion from coworkers and the public, 
which may be used by an employee to express breast milk. 
‘‘(2) An employer shall not be required to compensate an 
employee receiving reasonable break time under paragraph (1) for 
any work time spent for such purpose. 
‘‘(3) An employer that employs less than 50 employees shall 
not be subject to the requirements of this subsection, if such require-
ments would impose an undue hardship by causing the employer 
significant difficulty or expense when considered in relation to 
the size, financial resources, nature, or structure of the employer’s 
business.
H. R. 3590—460 
‘‘(4) Nothing in this subsection shall preempt a State law that 
provides greater protections to employees than the protections pro-
vided for under this subsection.’’. 
Subtitle D—Support for Prevention and 
Public Health Innovation 
SEC. 4301. RESEARCH ON OPTIMIZING THE DELIVERY OF PUBLIC 
HEALTH SERVICES. 
(a) IN GENERAL.—The Secretary of Health and Human Services 
(referred to in this section as the ‘‘Secretary’’), acting through the 
Director of the Centers for Disease Control and Prevention, shall 
provide funding for research in the area of public health services 
and systems. 
(b) REQUIREMENTS OF RESEARCH.—Research supported under 
this section shall include— 
(1) examining evidence-based practices relating to preven-
tion, with a particular focus on high priority areas as identified 
by the Secretary in the National Prevention Strategy or Healthy 
People 2020, and including comparing community-based public 
health interventions in terms of effectiveness and cost; 
(2) analyzing the translation of interventions from academic 
settings to real world settings; and 
(3) identifying effective strategies for organizing, financing, 
or delivering public health services in real world community 
settings, including comparing State and local health depart-
ment structures and systems in terms of effectiveness and 
cost. 
(c) EXISTING PARTNERSHIPS.—Research supported under this 
section shall be coordinated with the Community Preventive Serv-
ices Task Force and carried out by building on existing partnerships 
within the Federal Government while also considering initiatives 
at the State and local levels and in the private sector. 
(d) ANNUAL REPORT.—The Secretary shall, on an annual basis, 
submit to Congress a report concerning the activities and findings 
with respect to research supported under this section. 
SEC. 4302. UNDERSTANDING HEALTH DISPARITIES: DATA COLLECTION 
AND ANALYSIS. 
(a) UNIFORM CATEGORIES AND COLLECTION REQUIREMENTS.— 
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended 
by adding at the end the following: 
‘‘TITLE XXXI—DATA COLLECTION, 
ANALYSIS, AND QUALITY 
‘‘SEC. 3101. DATA COLLECTION, ANALYSIS, AND QUALITY. 
‘‘(a) DATA COLLECTION.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure that, by not 
later than 2 years after the date of enactment of this title, 
any federally conducted or supported health care or public 
health program, activity or survey (including Current Popu-
lation Surveys and American Community Surveys conducted