S 2066
110th CONGRESS
1st Session
S. 2066
To establish nutrition and physical education standards for
schools.
IN THE SENATE OF THE UNITED STATES
September 18, 2007
Mr. OBAMA introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To establish nutrition and physical education standards for
schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Back to School: Improving Standards for
Nutrition and Physical Education in Schools Act of 2007'.
SEC. 2. FINDINGS.
(1) National data show that 1 out of every 3 children and youth, or
about 25,000,000 children and youth, in the United States are overweight
or obese. There is clear evidence that this epidemic of excess weight
and obesity is due to excessive dietary intake and sedentary activity.
(2) The foods served in the school lunch program established under
the Richard B. Russell National School Lunch Act and the school breakfast
program established by section 4 of the Child Nutrition Act of 1966
are required to meet Federal nutrition guidelines and comply with
the Dietary Guidelines for Americans. Competitive foods and beverages,
purchased by children and youth outside of the federally reimbursed
school lunch and breakfast programs, are only required to meet limited
nutrition standards pertaining to `foods of minimal nutritional value'.
(3) The Secretary of Agriculture defined the term `foods of minimal
nutritional value' for competitive foods and beverages in 1979. This
definition is not consistent with current scientific evidence regarding
nutrition.
(4) In response to a request by Congress, the Institute of Medicine
of the National Academy of Sciences developed science-based nutrition
standards for competitive foods and beverages offered during the school
day, based on the Dietary Guidelines for Americans.
(5) Because all foods and beverages available on a school campus provide
significant calories, they should be required to meet those science-based
nutrition standards.
(6) Currently, government, scientific, and public health agencies
recommend guidelines suggesting that school-age children and youth
engage in at least 60 minutes of moderate to vigorous physical activity,
that is developmentally appropriate and that involves a variety of
activities, on most of the 7 days of the week. However, more than
1/3 of children and youth do not meet the recommended guidelines for
physical activity. The percentages of children that meet the recommended
guidelines are 5 to 10 percentage points lower among ethnic minorities
than among whites.
(7) The Centers for Disease Control and Prevention reported that only
8 percent of elementary schools, 6.4 percent of middle and junior
high schools, and 5.8 percent of senior high schools offered daily
physical education during the school year. Daily student participation
in high school physical education classes dropped from 42 percent
in 1991 to 28 percent in 2003.
(8)(A) Key methods of improving the physical activity of children
and youth are--
(i) ensuring that classes meet national standards for physical education
that have been embraced by States and local educational agencies;
and
(ii) ensuring that teachers are adequately trained to implement
those standards.
(B) The National Association for Sport and Physical Education and
the Centers for Disease Control and Prevention support the use of
the National Standards for Physical Education as a framework that
can be used to design, implement, and evaluate quality physical education
curricula.
(9) Physical education classes for children and youth are not consistently
required to meet those national standards. Forty-three States allow
classroom teachers, without any training in physical education, to
teach physical education.
(10) Children should participate in physical education classes based
on standards grounded in science, to ensure quality programs. Adequate
and well-trained teachers are needed to ensure the implementation
of those quality programs.
SEC. 3. ESTABLISHING AND IMPLEMENTING NUTRITION STANDARDS FOR SCHOOL
FOODS.
(a) Definition of Nutrition Standards- In this section:
(1) ESTABLISHED NUTRITION STANDARDS- The term `established nutrition
standards' means the nutrition standards for competitive foods and
beverages in schools described in the report of the Institute of Medicine
entitled `Nutrition Standards for Foods in Schools: Leading the Way
toward Healthier Youth' and dated April 25, 2007.
(2) NUTRITION STANDARDS- The term `nutrition standards' means the
nutrition standards for competitive foods and beverages in schools.
(3) SCHOOL- The term `school' means a school that participates in
the reimbursable school meal programs under--
(A) the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.); or
(B) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(4) UPDATED NUTRITION STANDARDS- The term `updated nutrition standards'
means the nutrition standards used as the basis for regulations promulgated
under subsection (b)(4).
(b) Foods of Minimal Nutritional Value-
(1) PROPOSED REGULATIONS BASED ON ESTABLISHED NUTRITION STANDARDS-
(A) IN GENERAL- Not later than 180 days after the date of enactment
of this Act, the Secretary of Agriculture shall promulgate proposed
regulations to revise the definition of `foods of minimal nutritional
value' that is used to carry out this Act, the Richard B. Russell
National School Lunch Act, and the Child Nutrition Act of 1966,
to be consistent with the established nutrition standards, in accordance
with recommendations contained in the report described in subsection
(a).
(B) APPLICATION- The revised definition of `foods of minimal nutritional
value' shall apply to all foods and beverages sold--
(i) independent of the reimbursable school meal programs carried
out under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.);
(ii) on the school campus; and
(iii) at any time during the school day.
(2) IMPLEMENTATION OF REGULATIONS BASED ON ESTABLISHED NUTRITION STANDARDS-
(i) IN GENERAL- Except as provided in clause (ii), the final regulations
to revise the definition as described in paragraph (1) shall take
effect at the beginning of the school year following the date
on which the regulations are finalized.
(ii) EXCEPTION- If the regulations are finalized on a date that
is not more than 60 days before the beginning of the school year,
the regulations shall take effect at the beginning of the following
school year.
(B) FAILURE TO PROMULGATE- If the Secretary of Agriculture has not
promulgated final regulations as of the date that is 1 year after
the date of enactment of this Act, the proposed regulations shall
be considered to be final regulations.
(3) RECOMMENDATIONS FOR REVISED NUTRITION STANDARDS-
(A) STUDY- Not later than 2 years after the date of enactment of
this Act, and not less than every 5 years thereafter, the Secretary
of Health and Human Services in collaboration with the Secretary
of Agriculture shall enter into an arrangement with the Institute
of Medicine under which the Institute shall conduct a study to develop
recommendations regarding necessary updates for nutrition standards
to ensure that--
(i) the most current scientific knowledge (as of the date of the
study) is included in information used to establish the nutrition
standards; and
(ii) the nutrition standards are consistent with the current Dietary
Guidelines for Americans (as of the date of the study), with specifications
for different age groups and other segments of the population
as recommended by the Institute of Medicine.
(B) REPORT- The Institute of Medicine shall prepare and submit a
report containing the recommendations described in subparagraph
(A), under each arrangement described in subsection (a), to the
Secretary of Health and Human Services, the Secretary of Agriculture,
appropriate committees of Congress, and the general public.
(4) REGULATIONS BASED ON UPDATED NUTRITION STANDARDS- Not later than
3 months after receiving a report under paragraph (3), the Secretary
of Agriculture shall promulgate regulations to revise the definition
described in paragraph (1)(A), taking into consideration the recommendations
for nutrition standards contained in the report. The revised definition
shall apply to all foods and beverages described in paragraph (1)(B).
(5) USE- The Secretary of Health and Human Services and the Secretary
of Agriculture shall take into consideration the established nutrition
standards or updated nutrition standards, as appropriate, during the
proposal and issuance of any regulation for any Federal program that
provides or subsidizes foods or beverages.
(c) Task Force To Establish a User Friendly Identification System for
Foods and Beverages That Meet Nutrition Standards-
(1) IN GENERAL- Not later than 12 months after the date of enactment
of this Act, the Secretary of Health and Human Services (referred
to in this subsection as the `Secretary'), after consultation with
the Secretary of Agriculture, shall establish the Nutrition Standards
in Schools Task Force (referred to in this subsection as the `Task
Force') to assist in establishing a user friendly identification system
for identifying foods and beverages that meet the established nutrition
standards or updated nutrition standards, as appropriate.
(A) COMPOSITION- The Task Force shall be composed of--
(i) a representative of the Department of Health and Human Services;
(ii) a representative of the Department of Agriculture;
(iii) a representative of the Department of Education;
(iv) a representative of the food and beverage industry, appointed
by the Secretary;
(v) a representative of public school administrators and food
service operators, appointed by the Secretary;
(vi) a representative of parent organizations, appointed by the
Secretary;
(vii) a representative of public health and nutrition advocacy
organizations, appointed by the Secretary; and
(viii) other members as determined appropriate by the Secretary.
(B) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed
for the life of the Task Force. Any vacancy in the Task Force shall
not affect its powers, but shall be filled in the same manner as
the original appointment.
(C) CHAIRPERSON- The Secretary or the Secretary's designee shall
serve as the chairperson of the Task Force.
(3) DUTIES- The Task Force shall--
(A) make recommendations to the Secretary concerning guidelines
for the user friendly identification system described in paragraph
(1);
(B) after the Secretary issues guidelines for such a system, coordinate
and facilitate the development of the system;
(C) report the guidelines for such a system to representatives from--
(i) education and child development groups;
(ii) parents and parent organizations;
(iii) school boards and local education agencies;
(vi) public health organizations;
(vii) nutrition advocacy organizations; and
(viii) food and beverage producers and vendors;
(D) recommend to the Secretary an evaluation plan for monitoring
the implementation of the system.
(A) TRAVEL EXPENSES- The members of the Task Force shall not receive
compensation for the performance of services for the Task Force,
but shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the performance
of services for the Task Force. Notwithstanding section 1342 of
title 31, United States Code, the Secretary may accept the voluntary
and uncompensated services of members of the Task Force.
(B) DETAIL OF GOVERNMENT EMPLOYEES- Any Federal Government employee
may be detailed to the Task Force without reimbursement, and such
detail shall be without interruption or loss of civil service status
or privilege.
(5) PERMANENT COMMITTEE- Section 14 of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Task Force.
(d) Training School Food Service Personnel To Implement Nutrition Standards-
(1) GRANTS- The Secretary of Agriculture (referred to in this subsection
as the `Secretary') shall make grants to eligible entities to train
food service and other appropriate school personnel to provide the
personnel with the knowledge and skills necessary to implement the
established nutrition standards or updated nutrition standards, as
appropriate.
(2) ELIGIBILITY- To be eligible to receive a grant under this subsection,
an entity shall--
(A) be a State educational agency, high-need local educational agency,
or Indian tribe; and
(B) submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require.
(3) PRIORITY- In making grants under this subsection, the Secretary
shall give priority to eligible entities that serve underserved populations,
including racial and ethnic minority populations and low-income populations.
(4) USE OF FUNDS- An entity that receives a grant under this subsection
shall use the amounts received through the grant to train personnel
described in paragraph (1) to implement the nutrition standards described
in paragraph (1) in schools.
(5) TECHNICAL ASSISTANCE- The Director of the Centers for Disease
Control and Prevention shall provide each entity that receives a grant
under this subsection with technical support--
(A) to facilitate the implementation of the nutrition standards
described in paragraph (1); and
(B) to the maximum extent practicable, to ensure healthy eating
behaviors among children.
(6) EVALUATION- Not later than 2 years after the date on which a grant
is awarded to an eligible entity under this subsection, the entity
shall submit to the Director of the Centers for Disease Control and
Prevention a report that describes and contains an evaluation of the
activities carried out with funds received through the grant.
(7) DEFINITIONS- In this subsection:
(A) INDIAN TRIBE- The term `Indian tribe' has the meaning given
the term in section 2 of the Tribally Controlled College or University
Assistance Act of 1978 (25 U.S.C. 1801).
(B) LOCAL EDUCATIONAL AGENCY; STATE EDUCATIONAL AGENCY- 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).
(8) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as are necessary to carry out this subsection.
SEC. 4. ESTABLISHING AND IMPLEMENTING PHYSICAL EDUCATION STANDARDS
IN SCHOOLS.
(a) Definitions- In this section, the terms `Indian tribe', `local educational
agency', and `State educational agency' have the meanings given the
terms in section 3(d)(7).
(b) Physical Education Standards in Schools- The Secretary of Health
and Human Services, acting through the Director of the Centers for Disease
Control and Prevention (referred to in this section as the `Secretary'),
in collaboration with the Secretary of Education, shall ensure that
local educational agencies that receive Federal funds establish and
implement policies to ensure that students participate in physical education
programs that meet standards for physical activity issued by the Secretary,
based on standards recommended by the National Association for Sport
and Physical Education.
(1) GRANTS- The Secretary shall award grants on a competitive basis
to eligible entities to support activities that provide teacher training,
and provide the support needed, to implement physical education programs
that meet the standards described in subsection (b).
(2) ELIGIBILITY- To be eligible to receive a grant under this subsection,
an entity shall be a State educational agency, high-need local educational
agency, or Indian tribe.
(3) APPLICATIONS- To be eligible to receive a grant under this subsection,
an entity shall submit an application to the Secretary at such time,
in such manner, and containing such agreements, assurances, and other
information as the Secretary may require.
(4) PRIORITY- In awarding grants under this subsection, the Secretary
shall give priority to eligible entities submitting applications proposing
to provide training and support for programs for students from populations
at high risk for sedentary activity, including racial and ethnic minority
populations and low-income populations.
(5) USE OF FUNDS- An entity that receives a grant under this subsection
shall use the amounts received through the grant to provide the training
and support described in paragraph (1).
(6) EVALUATION- Not later than 3 years after the date on which a grant
is awarded to an eligible entity under this subsection, the entity
shall submit to the Secretary a report that describes the activities
carried out with funds received through the grant and the effectiveness
of such activities in ensuring students meet the standards described
in subsection (b).
(d) Carol M. White Physical Education Program-
(1) REQUIRED STANDARDS- Section 5503 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7216b) is amended--
(A) in subsection (a), by striking `grants' and inserting `grants
and contracts'; and
(i) by redesignating paragraphs (1) through (6) as subparagraphs
(A) through (F); and
(ii) by striking `subpart may provide' and inserting `subpart--
`(1) shall, not later than 2 years after the date of enactment of
the Back to School: Improving Standards for Nutrition and Physical
Education in Schools Act of 2007, meet standards for physical activity,
as issued by the Secretary of Health and Human Services, based on
standards recommended by the National Association for Sport and Physical
Education; and
(2) EVALUATION- Section 5505 of such Act (20 U.S.C. 7261d) is amended--
(A) in subsection (b), by striking `grant' and inserting `grant
or contract'; and
(B) by adding at the end the following:
`(c) Evaluation- Not later than 2 years after the date on which a grant
or contract is awarded to an eligible entity under this subpart, the
entity shall submit to the Secretary a report that describes the activities
carried out with the funds received through the grant or contract and
the effectiveness of such activities in meeting the standards described
in section 5503(b)(1).'.
(3) PRIORITY- Section 5506(b) of such Act (20 U.S.C. 7261e(b)) is
amended--
(A) in the subsection header, by striking `Proportionality- ' and
inserting `Awards- ' ;
(B) by inserting before `To the extent' the following:
(C) by striking `grants' and inserting `grants and contracts'; and
(D) by adding at the end the following:
`(2) PRIORITY- In awarding grants and contracts under this subpart,
the Secretary shall give priority to eligible entities submitting
applications proposing to carry out programs for students from populations
at high risk for sedentary activity, including racial and ethnic minority
populations and low-income populations.'.
END
