1.This Act may be cited as the
Healthy Students Act of
2007
.
2.Nutritional requirements for school lunches
and breakfasts
(a)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)
(A)
(i)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)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)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)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)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)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 adjustmentSection 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).
.
3.School nutrition pilot
programSection 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)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)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)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)
(A)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)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
appropriationsThere is
authorized to be appropriated to carry out this subsection
$5,000,000.
.
4.Healthy Hour pilot program
(a)Definition of eligible schoolIn 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)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)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)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)
(1)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)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.
5.Loan forgiveness for school
nursesPart 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:
840C.Loan forgiveness for school nurses
(a)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)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)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 repaymentEach 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)Nothing in this section shall be construed
to authorize the refunding of any repayment of a qualified loan.
(f)In this section:
(1)Elementary school; secondary
schoolThe 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)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)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
appropriationsThere is
authorized to be appropriated to carry out this section such sums as may be
necessary.
.
6.Contributions of gym equipment for
elementary and secondary school purposes
(a)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)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
contributionFor 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
foundationA 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
manufacturerIn 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
propertyFor the purposes of
this paragraph, the rules of paragraph (4)(C) shall apply.
(F)For the purposes of this paragraph—
(i)Exercise or gymnasium
equipmentThe term
exercise or gymnasium equipment means equipment used for physical
activity.
(ii)The term corporation has the
meaning given to such term by paragraph
(4)(D).
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(b)The amendment made by
this section shall apply to contributions made in taxable years ending after
the date of the enactment of this Act.