[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2066 Introduced in Senate (IS)]







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.--
                    (A) Effective date.--
                            (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.
            (2) Membership.--
                    (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;
                            (iv) State agencies;
                            (v) Federal 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.
            (4) Personnel.--
                    (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.
    (c) Grants for Training.--
            (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
                    (B) in subsection (b)--
                            (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) may provide''.
            (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:
            ``(1) Proportionality.--'';
                    (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.''.
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