[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 100 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 100

  To encourage the health of children in schools by promoting better 
   nutrition and increased physical activity, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

  Mrs. Boxer introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To encourage the health of children in schools by promoting better 
   nutrition and increased physical activity, and for other purposes.

    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 ``Healthy Students Act of 2007''.

SEC. 2. NUTRITIONAL REQUIREMENTS FOR SCHOOL LUNCHES AND BREAKFASTS.

    (a) Dietary Guidelines.--Section 9(a) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(a)) is amended by striking 
paragraph (4) and inserting the following:
    ``(4) Dietary Guidelines.--
            ``(A) Commission.--
                    ``(i) In general.--The Director of the Centers for 
                Disease Control and Prevention (referred to in this 
                paragraph as the `Director') shall establish a 
                Commission to Improve School Meals (referred to in this 
                paragraph as the `Commission').
                    ``(ii) Membership.--The Director, in consultation 
                with the Secretary, shall appoint members of the 
                Commission from among individuals who are 
                nutritionists, pediatricians, or experts in nutrition 
                and children's health.
                    ``(iii) Duties.--The Commission shall--
                            ``(I) review the provisions of 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) that are relevant for 
                        children;
                            ``(II) evaluate the nutritional and dietary 
                        needs of school-age children and recommend 
                        nutritional standards for establishing a 
                        healthy school nutrition program;
                            ``(III) not later than 90 days after the 
                        date of enactment of the Healthy Students Act 
                        of 2007, develop new nutritional standards for 
                        the school lunch program under this Act 
                        (including the afterschool care program under 
                        section 17A), the summer food service program 
                        established under section 13, the child and 
                        adult care food program established under 
                        section 17 (other than the program under 
                        section 17(o)), and the school breakfast 
                        program established by section 4 of the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1773); and
                            ``(IV) evaluate compliance with and 
                        enforcement of the minimum nutritional 
                        requirements established under subparagraph 
                        (B).
                    ``(iv) Foods of minimal nutritional value.--
                            ``(I) In general.--The Commission shall 
                        update the definition of the term `food of 
                        minimal nutritional value' in sections 
                        210.11(a)(2) and 220.2(i-1) of title 7, Code of 
                        Federal Regulations (or successor regulations).
                            ``(II) Requirement.--Nutritional standards 
                        developed under subclause (III) of clause (iii) 
                        shall prohibit food of minimal nutritional 
                        value from being included in school meals 
                        described in that subclause.
            ``(B) Rules.--Notwithstanding paragraph (2), subsection 
        (f), and subsections (a) and (b) of section 10 of the Child 
        Nutrition Act of 1966 (42 U.S.C. 1779), not later than 90 days 
        after nutritional standards are developed under subparagraph 
        (A)(iii)(III), the Secretary shall promulgate and implement 
        rules, based on the standards, that establish minimum 
        nutritional requirements for food served under the programs 
        described in subparagraph (A)(iii)(III).''.
    (b) Computation of Adjustment.--Section 11(a)(3)(B)(i) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1759a(a)(3)(B)(i)) is amended--
            (1) by striking ``reflect changes'' and inserting 
        ``reflect--
                                    ``(I) changes;''.
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                                    ``(I) any increased cost due to the 
                                costs of compliance with minimum 
                                nutritional requirements established 
                                under section 9(a)(4)(B).''.

SEC. 3. SCHOOL NUTRITION PILOT PROGRAM.

    Section 18 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769) is amended by adding at the end the following:
    ``(l) School Nutrition Pilot Program.--
            ``(1) In general.--The Secretary shall carry out a pilot 
        program under which the Secretary shall provide grants to 
        school districts or nonprofit organizations for schools 
        participating in the school lunch program under this Act or the 
        school breakfast program established by section 4 of the Child 
        Nutrition Act of 1966 (42 U.S.C. 1773) that promote healthy 
        alternatives for students.
            ``(2) Uses.--A grant provided under this subsection may be 
        used--
                    ``(A) to provide an alternative of organic foods in 
                the meals served under programs described in paragraph 
                (1) to students;
                    ``(B) to promote healthy food education in the 
                school curriculum;
                    ``(C) to carry out garden to kitchen or seed to 
                table programs; or
                    ``(D) to provide professional development for 
                teachers to carry out programs that promote healthy 
                alternatives for students.
            ``(3) Administration.--In providing grants under the pilot 
        program, the Secretary shall give a preference to programs that 
        promote healthy alternatives for students that can be 
        replicated in schools.
            ``(4) Study; report.--
                    ``(A) Study.--During the period in which grant 
                funds are used by schools under this subsection, the 
                Secretary shall conduct a study of the pilot program.
                    ``(B) Report.--Not later than 90 days after the 
                date on which the study is completed under subparagraph 
                (A), the Secretary shall submit to the Committee on 
                Agriculture, Nutrition, and Forestry of the Senate and 
                the Committee on Agriculture of the House of 
                Representatives a report that describes the results of 
                the study.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000.''.

SEC. 4. HEALTHY HOUR PILOT PROGRAM.

    (a) Definition of Eligible School.--In this section, the term 
``eligible school'' means an elementary school or secondary school, as 
such terms are defined in section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801).
    (b) Pilot Program.--From amounts appropriated for this section, the 
Secretary of Education shall award, on a competitive basis, grants to 
eligible schools to enable the eligible schools to carry out Healthy 
Hour pilot programs described in subsection (d).
    (c) Application.--An eligible school desiring a grant under this 
section shall submit an application to the Secretary of Education at 
such time, in such manner, and containing such information as the 
Secretary may require.
    (d) Grant Activities.--An eligible school receiving a grant under 
this section shall use grant funds to carry out a Healthy Hour pilot 
program by increasing the length of each school day by an hour, which 
hour--
            (1) shall be used exclusively for physical activity; and
            (2) may occur at any time during the school day.
    (e) Reports.--
            (1) School report.--Not later than 90 days after the last 
        day of the grant period for a grant under this section, a 
        school receiving a grant under this section shall prepare and 
        submit a report to the Secretary of Education regarding the 
        success of the pilot program assisted by the grant.
            (2) Secretary report.--Not later than 90 days after 
        receiving all reports described in paragraph (1), the Secretary 
        of Education shall prepare and submit to Congress a report 
        regarding the results of the pilot programs assisted by grants 
        under this section.

SEC. 5. LOAN FORGIVENESS FOR SCHOOL NURSES.

    Part E of title VIII of the Public Health Service Act (42 U.S.C. 
297a et seq.) is amended--
            (1) by redesignating sections 842, 846, 846A, and 810 as 
        sections 840A, 840B, 840D, and 840E, respectively; and
            (2) by inserting after section 840B (as redesignated by 
        paragraph (1)) the following:

``SEC. 840C. LOAN FORGIVENESS FOR SCHOOL NURSES.

    ``(a) In General.--The Secretary shall carry out a program of 
making payments in accordance with subsection (b), for and on behalf of 
an eligible nurse who enters into an agreement with the Secretary to be 
employed as a full-time school nurse in an elementary school or 
secondary school for 3 complete school years.
    ``(b) Payments.--The payments described in subsection (a) shall be 
made by the Secretary as follows:
            ``(1) Upon completion by the eligible nurse for whom the 
        payments are to be made of the first year of employment 
        pursuant to the agreement described in subsection (a), the 
        Secretary shall pay 30 percent of the principal of, and the 
        interest on, each qualified loan of such eligible nurse which 
        is outstanding on the date the eligible nurse began such 
        employment.
            ``(2) Upon completion by the eligible nurse of the second 
        year of such employment, the Secretary shall pay another 30 
        percent of the principal of, and the interest on, each such 
        loan.
            ``(3) Upon completion by the eligible nurse of the third 
        year of such service, the Secretary shall pay another 40 
        percent of the principal of, and the interest on, each such 
        loan.
    ``(c) Limitation.--The total amount paid for and on behalf of any 
eligible nurse under the program under this section shall not exceed 
$50,000.
    ``(d) Application for Repayment.--Each eligible nurse desiring loan 
repayment under this section shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to authorize the refunding of any repayment of a qualified 
loan.
    ``(f) Definitions.--In this section:
            ``(1) Elementary school; secondary school.--The terms 
        `elementary school' and `secondary school' have the meanings 
        given the terms in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            ``(2) Eligible nurse.--The term `eligible nurse' means an 
        individual who--
                    ``(A) is a registered nurse;
                    ``(B) has received a baccalaureate degree in 
                nursing from an accredited collegiate school of 
                nursing; and
                    ``(C) has any credential that is required in order 
                to work as a school nurse in an elementary school or 
                secondary school by the State in which the individual 
                is employed pursuant to the agreement described in 
                subsection (a).
            ``(3) Qualified loan.--The term `qualified loan' means a 
        loan from a loan fund established under this part or any other 
        educational loan for nurse training costs, including a loan 
        made, insured, or guaranteed under part B or part D of title IV 
        of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 
        1087 et seq.).
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be 
necessary.''.

SEC. 6. CONTRIBUTIONS OF GYM EQUIPMENT FOR ELEMENTARY AND SECONDARY 
              SCHOOL PURPOSES.

    (a) In General.--Subsection (e) of section 170 of the Internal 
Revenue Code of 1986, as amended by the Pension Protection Act of 2006, 
is amended by adding at the end the following new paragraph:
            ``(8) Special rule for contributions of exercise and 
        gymnasium equipment for educational purposes.--
                    ``(A) Limit on reduction.--In the case of a 
                qualified gymnasium contribution, the reduction under 
                paragraph (1)(A) shall be no greater than the amount 
                determined under paragraph (3)(B).
                    ``(B) Qualified gymnasium contribution.--For 
                purposes of this paragraph, the term `qualified 
                gymnasium contribution' means a charitable contribution 
                by a corporation of any exercise or gymnasium 
                equipment, but only if--
                            ``(i) the contribution is to--
                                    ``(I) an educational organization 
                                described in subsection (b)(1)(A)(ii), 
                                or
                                    ``(II) an entity described in 
                                section 501(c)(3) and exempt from tax 
                                under section 501(a) (other than an 
                                entity described in subclause (I)) that 
                                is organized primarily for purposes of 
                                supporting the physical activity of 
                                children attending elementary and 
                                secondary educational institutions,
                            ``(ii) the contribution is made not later 
                        than 3 years after the date the taxpayer 
                        acquired the property (or in the case of 
                        property constructed by the taxpayer, the date 
                        the construction of the property is 
                        substantially completed),
                            ``(iii) the original use of the property is 
                        by the donor or the donee,
                            ``(iv) the property is not transferred by 
                        the donee in exchange for money, other 
                        property, or services, except for shipping, 
                        installation and transfer costs,
                            ``(v) the donee's use and disposition of 
                        the property will be in accordance with the 
                        provisions of clause (iv), and
                            ``(vi) the property meets such standards, 
                        if any, as the Secretary may prescribe by 
                        regulation to assure that the property meets 
                        minimum functionality and suitability 
                        standards.
                    ``(C) Contribution to private foundation.--A 
                contribution by a corporation of any exercise or 
                gymnasium equipment to a private foundation (as defined 
                in section 509) shall be treated as a qualified 
                gymnasium contribution for purposes of this paragraph 
                if--
                            ``(i) the contribution to the private 
                        foundation satisfies the requirements of 
                        clauses (ii) and (iv) of subparagraph (B), and
                            ``(ii) within 30 days after such 
                        contribution, the private foundation--
                                    ``(I) contributes the property to a 
                                donee described in clause (i) of 
                                subparagraph (B) that satisfies the 
                                requirements of clauses (iv) and (v) of 
                                subparagraph (B), and
                                    ``(II) notifies the donor of such 
                                contribution.
                    ``(D) Donations of property reacquired by 
                manufacturer.--In the case of property which is 
                reacquired by the person who constructed the property--
                            ``(i) subparagraph (B)(ii) shall be applied 
                        to a contribution of such property by such 
                        person by taking into account the date that the 
                        original construction of the property was 
                        substantially completed, and
                            ``(ii) subparagraph (B)(iii) shall not 
                        apply to such contribution.
                    ``(E) Special rule relating to construction of 
                property.--For the purposes of this paragraph, the 
                rules of paragraph (4)(C) shall apply.
                    ``(F) Definitions.--For the purposes of this 
                paragraph--
                            ``(i) Exercise or gymnasium equipment.--The 
                        term `exercise or gymnasium equipment' means 
                        equipment used for physical activity.
                            ``(ii) Corporation.--The term `corporation' 
                        has the meaning given to such term by paragraph 
                        (4)(D).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to contributions made in taxable years ending after the date of the 
enactment of this Act.
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