[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5090 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5090

 To amend the Richard B. Russell National School Lunch Act to promote 
   the health and well-being of schoolchildren in the United States 
   through effective local wellness policies, technical assistance, 
training, and support for healthy school foods, nutrition promotion and 
                   education, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2010

 Mr. Polis of Colorado (for himself, Mr. Berman, Ms. Fudge, Mr. Kagen, 
    Ms. Kilpatrick of Michigan, and Ms. Schakowsky) introduced the 
 following bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committee on the Budget, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Richard B. Russell National School Lunch Act to promote 
   the health and well-being of schoolchildren in the United States 
   through effective local wellness policies, technical assistance, 
training, and support for healthy school foods, nutrition promotion and 
                   education, 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 ```Nutrition Education and Wellness in 
Schools Act'' or the ``NEW Schools Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) childhood obesity increased threefold among children 
        and adolescents in the 30 years preceding the date of enactment 
        of this Act;
            (2) about 12,000,000 children and adolescents ages 2 to 19 
        are considered obese;
            (3) obesity-related diseases cost the United States economy 
        more than $147,000,000,000 every year;
            (4) both low levels of physical activity and an increase in 
        caloric intake have contributed to the unprecedented epidemic 
        of childhood obesity;
            (5) overweight adolescents have a 70 to 80 percent chance 
        of becoming overweight adults, increasing the risk for chronic 
        disease, disability, and death;
            (6) children and adolescents are--
                    (A) not meeting dietary recommendations;
                    (B) underconsuming important food groups and 
                nutrients needed for growth and development; and
                    (C) overconsuming saturated fat, trans fat, sodium, 
                and added sugars;
            (7) nutrition education and promotion helps foster a school 
        environment that--
                    (A) supports healthy eating;
                    (B) helps initiate and sustain healthy eating 
                behaviors;
                    (C) increases acceptance and consumption of healthy 
                school meals;
                    (D) increases participation in school meal 
                programs;
                    (E) enhances school meal quality; and
                    (F) supports development and implementation of 
                local wellness policies;
            (8) nutrition education and promotion is a critical 
        component of most major health promotion and disease prevention 
        programs;
            (9) research shows that school-based nutrition programs and 
        services both improve health and contribute to the academic 
        achievement of school children;
            (10) research shows that fit children achieve more 
        academically and have better school attendance and fewer 
        disciplinary problems;
            (11) a comprehensive study of local wellness policies 
        across the United States found that--
                    (A) many policies were underdeveloped and 
                fragmented; and
                    (B) the vast majority of students were enrolled in 
                a school district that did not--
                            (i) require evaluation of the 
                        implementation or effectiveness of the wellness 
                        policy of the district; or
                            (ii) include any provisions for reviewing 
                        and revising the wellness policy;
            (12) the same study reported that between 5 and 6 percent 
        of students were enrolled in a school district that had 
        identified a potential source of funding to support 
        implementation of the wellness policy of the district;
            (13) the nutrition education and promotion initiatives for 
        school children in effect as of the date of enactment of this 
        Act lack coordination, funding, and sustainability;
            (14) the Physical Activity Guidelines for Americans of the 
        Department of Health and Human Services recommend that children 
        engage in at least 60 minutes of physical activity on most, and 
        preferably all, days of the week;
            (15) children spend many waking hours at school and 
        therefore need to be active during the school day to meet the 
        recommendations of the Physical Activity Guidelines for 
        Americans; and
            (16) as of the date of enactment of this Act--
                    (A) only 3.8 percent of elementary schools, 7.9 
                percent of middle schools, and 2.1 percent of high 
                schools provide daily physical education or the 
                equivalent for the entire school year; and
                    (B) 22 percent of schools do not require students 
                to take any physical education at all.

SEC. 3. LOCAL WELLNESS POLICIES.

    (a) In General.--Section 5 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1754) is amended to read as follows:

``SEC. 5. LOCAL WELLNESS POLICIES.

    ``(a) Definitions.--In this section:
            ``(1) Extended school day.--The term `extended school day' 
        means--
                    ``(A) the official school day; and
                    ``(B) the time before and after the official school 
                day during which events or activities are primarily 
                under the control of the school or a third party on 
                behalf of the school.
            ``(2) Local wellness policy.--The term `local wellness 
        policy' means a nutrition and physical activity wellness policy 
        of a local educational agency established under section 204 of 
        the Child Nutrition and WIC Reauthorization Act of 2004 (42 
        U.S.C. 1751 note; Public Law 108-265).
    ``(b) Requirements.--Not later than the first day of the school 
year beginning 1 year after the date of enactment of the NEW Schools 
Act, each local educational agency participating in a program 
authorized by this Act or the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.) shall strengthen the local school wellness policy of the 
local educational agency by ensuring, at a minimum, that the policy--
            ``(1) includes goals for nutrition promotion and education, 
        physical education, physical activity, food marketing and 
        advertising on the school campus, and other school-based 
        activities designed to promote participation in child nutrition 
        programs and student wellness through the extended school day, 
        in a manner that the local educational agency determines to be 
        appropriate;
            ``(2) includes an implementation plan to achieve the goals 
        of the local wellness policy;
            ``(3) ensures that guidelines for reimbursable school meals 
        are not less restrictive than regulations and guidance issued 
        by the Secretary pursuant to subsections (a) and (b) of section 
        10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) and 
        sections 9(f)(1) and 17(a) of this Act, as those regulations 
        and guidance apply to schools;
            ``(4) ensures that nutritional guidelines for foods and 
        beverages sold in schools that are not part of reimbursable 
        school meals are in compliance with the standards established 
        by the Secretary; and
            ``(5) includes a plan for measuring implementation of the 
        local wellness policy, including the designation of a local 
        wellness policy committee under subsection (d).
    ``(c) Transparency.--
            ``(1) In general.--In carrying out this section, each local 
        educational agency shall make readily available and widely 
        disseminate to relevant stakeholders--
                    ``(A) the local wellness policy of the local 
                education agency, including the implementation plan 
                described in subsection (b)(5);
                    ``(B) any assessments of the implementation of the 
                local wellness policy;
                    ``(C) any updates to the local wellness policy; and
                    ``(D) appropriate local and State contact 
                information.
            ``(2) Availability requirement.--Not later than the first 
        day of the school year following the date of enactment of the 
        NEW Schools Act, each local educational agency shall make 
        readily available the policy and plan described in paragraph 
        (1)(A).
            ``(3) Assessment of implementation.--
                    ``(A) Assessment of implementation.--Not later than 
                2 years after the date of enactment of the NEW Schools 
                Act, and every 3 years thereafter, each local 
                educational agency shall complete and make readily 
                available the results of an assessment of the 
                implementation of the local wellness policy of the 
                local educational agency that includes--
                            ``(i) the extent to which schools under the 
                        jurisdiction of the local educational agency 
                        are in compliance with the local wellness 
                        policy of the agency;
                            ``(ii) the extent to which the local 
                        wellness policy of the local educational agency 
                        compares with model local wellness policies 
                        recommended under subsection (e)(2)(A)(ii);
                            ``(iii) a description of the progress made 
                        in attaining the goals of the local wellness 
                        policy described in subsection (b); and
                            ``(iv) any revisions to the local wellness 
                        policy to more effectively address those goals.
    ``(d) Local Wellness Policy Committee.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the NEW Schools Act, each local educational 
        agency shall designate a standing Local Wellness Policy 
        Committee (referred to in this subsection as the `Committee').
            ``(2) Representation.--
                    ``(A) Required representatives.--The Committee of 
                each local educational agency shall be comprised of at 
                least 1 representative from the local educational 
                agency from each of the following categories of 
                stakeholders:
                            ``(i) Principals.
                            ``(ii) Teachers.
                            ``(iii) Parents of students.
                            ``(iv) Students.
                            ``(v) The school food authority.
                            ``(vi) The school board of the local 
                        educational agency.
                            ``(vii) The physical education program.
                            ``(viii) School health professionals, such 
                        as school nurses, school counselors, social 
                        workers, or health education teachers.
                    ``(B) Authorized representatives.--A Committee may 
                also include a registered dietitian, pediatrician, 
                dentist, a representative of the local health 
                department, or other representatives of the local 
                community.
            ``(3) Terms and conditions.--Each local educational agency 
        shall determine the terms and conditions under which each 
        member of the Committee of the local educational agency serves.
            ``(4) Duties.--Duties and responsibilities of each 
        Committee shall include--
                    ``(A) ensuring that the local educational agency 
                served by the Committee meets the requirements 
                described in this section;
                    ``(B) fostering integration of the local wellness 
                policy of the local educational agency with existing 
                coordinated school health programs, and other health-
                related activities in the schools and community served 
                by the local educational agency; and
                    ``(C) making Committee proceedings and other 
                pertinent information relating to the activities of the 
                Committee readily available.
    ``(e) Technical Assistance and Outreach.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Education and the Secretary of Health and Human 
        Services, acting through the Centers for Disease Control and 
        Prevention, shall assist in the adoption of effective local 
        wellness policies by local educational agencies in accordance 
        with this section.
            ``(2) Outreach.--In carrying out paragraph (1), the 
        Secretary shall perform outreach to key State and local 
        stakeholders to promote effective local wellness policies and 
        provide technical assistance that--
                    ``(A) includes--
                            ``(i) a hotline, online resources, and 
                        trainings on designing, implementing, 
                        promoting, disseminating, and evaluating local 
                        wellness policies and overcoming barriers to 
                        the adoption of local wellness policies; and
                            ``(ii) model local wellness policies and 
                        best practices recommended by Federal agencies, 
                        State agencies, and nongovernmental 
                        organizations; and
                    ``(B) is for guidance purposes only and not binding 
                or otherwise designed to be mandate to schools, local 
                educational agencies, school food authorities, or State 
                child nutrition programs.
            ``(3) Funding.--
                    ``(A) In general.--On October 1, 2010, and on each 
                October 1 thereafter through October 1, 2014, out of 
                any funds in the Treasury not otherwise appropriated, 
                the Secretary of the Treasury shall transfer to the 
                Secretary to carry out this paragraph $1,000,000, to 
                remain available until expended.
                    ``(B) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this paragraph the funds transferred under 
                subparagraph (A), without further appropriation. 
    ``(f) Study and Report.--
            ``(1) In general.--The Secretary, in conjunction with the 
        Director of the Centers for Disease Control and Prevention, 
        shall prepare a report on the implementation, strength, and 
        effectiveness of the local wellness policies carried out in 
        accordance with this section.
            ``(2) Study of local wellness policies.--The study 
        described in paragraph (1) shall include--
                    ``(A) an analysis of the strengths and weaknesses 
                of local wellness policies and how the policies compare 
                with model local wellness policies recommended under 
                subsection (e)(2)(A)(ii); and
                    ``(B) an assessment of the impact of the local 
                wellness policies in addressing the requirements of 
                subsection (b).
            ``(3) Report.--Not later than January 1, 2014, the 
        Secretary shall submit to the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate and the Committee on 
        Education and Labor of the House of Representatives a report 
        that describes the findings of the study.''.
    (b) Conforming Amendment.--Section 204 of the Child Nutrition and 
WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 108-
265) is repealed.

SEC. 4. THE WELLNESS AND NUTRITION NETWORK.

    Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) is 
amended to read as follows:

``SEC. 19. THE WELLNESS AND NUTRITION NETWORK.

    ``(a) Purpose of the Wellness and Nutrition Network.--The purpose 
of this section is to promote, through technical assistance, training, 
and nutrition promotion and education programs and policies, the 
nutritional health of school children in the United States and to 
decrease the prevalence of obesity and chronic diseases, as well as 
hunger and food insecurity. The Wellness and Nutrition Network will 
coordinate and collaborate at the Federal, State, and local levels to 
leverage and maximize resources and ensure effective and coordinated 
child nutrition program delivery.
    ``(b) Definitions.--In this section:
            ``(1) The wellness and nutrition network (twnn).--The term 
        `The Wellness and Nutrition Network (TWNN)' means a nationwide 
        multidisciplinary program to establish and support technical 
        assistance, training, and programs and policies that promote 
        and support healthy eating and physical activity by children 
        and that is--
                    ``(A) based on sound nutritional, educational, and 
                social marketing approaches;
                    ``(B) funded and overseen at the Federal level, 
                administered at the State level, and implemented at the 
                local level based on prioritized community needs; and
                    ``(C) coordinated with school health and other 
                nutrition programs.
            ``(2) State wellness and nutrition network coordinator.--
        The term `State Wellness and Nutrition Network coordinator' 
        means an individual with--
                    ``(A) at least a registered dietitian credential; 
                or
                    ``(B) a baccalaureate degree or master's degree 
                with credentials in nutrition, as determined by the 
                Secretary.
    ``(c) Funding and Allocations.--
            ``(1) Funding.--For fiscal year 2011 and each succeeding 
        fiscal year (out of any funds in the Treasury not otherwise 
        appropriated), the Secretary of the Treasury shall provide to 
        the Secretary an amount equal to the amount calculated under 
        paragraph (2) to carry out this section. The Secretary shall be 
        entitled to receive the funds and shall accept the funds, 
        without further appropriation.
            ``(2) Total amount for each fiscal year.--The total amount 
        of funds made available for a fiscal year to carry out this 
        section shall equal to not more than the product obtained by 
        multiplying--
                    ``(A) 1 cent; by
                    ``(B) the number of meals reimbursed through the 
                school lunch program, child and adult care food 
                program, and summer food service program under the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                21 1751 et seq.) during the preceding fiscal year in 
                schools and institutions that participate in such 
                programs.
            ``(3) Allocations.--Of the amount available to carry out 
        this section for a fiscal year--
                    ``(A) for the first 2 fiscal years for which 
                funding is appropriated to carry out this section--
                            ``(i) 30 percent shall be made available to 
                        carry out subsection (d);
                            ``(ii) 50 percent shall be made available 
                        to carry out subsection (e); and
                            ``(iii) 20 percent shall be made available 
                        to carry out subsection (h); and
                    ``(B) for any fiscal year after the first 2 fiscal 
                years for which funding is appropriated to carry out 
                this section--
                            ``(i) 25 percent shall be made available to 
                        carry out subsection (d);
                            ``(ii) 60 percent shall be made available 
                        to carry out subsection (f); and
                            ``(iii) 15 percent shall be made available 
                        to carry out subsection (h).
    ``(d) State Administration of TWNN.--
            ``(1) Authorization of state grants.--
                    ``(A) In general.--From the amount made available 
                under subsection (c)(3) to carry out this subsection, 
                the Secretary shall make grants to States to support 
                technical assistance, training, and nutrition promotion 
                and education.
                    ``(B) Grant amounts.--
                            ``(i) Years one and two.--
                                    ``(I) Allocation.--For the first 2 
                                fiscal years for which funds are 
                                appropriated to carry out this section, 
                                from the amount made available under 
                                subsection (c)(3)(A)(i), the Secretary 
                                shall allocate to each State with an 
                                approved application a sum that bears 
                                the same ratio to such amount as the 
                                number of students eligible for free or 
                                reduced price lunch in such State for 
                                the preceding fiscal year, bears to the 
                                total number of students so eligible in 
                                all such States for such fiscal year, 
                                except that no State shall receive an 
                                allocation of less than $250,000 for a 
                                fiscal year.
                            ``(ii) Year three and beyond.--
                                    ``(I) In general.--Beginning with 
                                the third fiscal year for which funds 
                                are appropriated to carry out this 
                                section, from the amount made available 
                                under subsection (c)(3)(B)(i), the 
                                Secretary shall award a minimum of 
                                $250,000 to each State with an approved 
                                application. The remainder of funds 
                                available under subsection 
                                (c)(3)(B)(i), if any, shall be awarded, 
                                on a competitive basis, to States that 
                                demonstrate progress in carrying out 
                                the activities described in paragraph 
                                (d)(4).
                            ``(iii) Reallocation.--The Secretary may 
                        reallocate any amounts appropriated under 
                        subsection (c)(3)(A)(i) that are not obligated 
                        or expended, as determined by the Secretary.
                            ``(iv) Supplement, not supplant.--Funds 
                        made available under this subsection shall be 
                        used to supplement, and not supplant, State and 
                        local funds that would otherwise be expended to 
                        carry out the activities supported under this 
                        subsection.
            ``(2) State application.--To be eligible to receive a grant 
        under this subsection, a State shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            ``(3) State use of funds.--
                    ``(A) A State that receives a grant under this 
                subsection shall establish a comprehensive, integrated 
                and coordinated State Wellness and Nutrition Network 
                by--
                            ``(i) conducting trainings and providing 
                        technical assistance to local educational 
                        agencies, schools, and institutions on 
                        effective nutrition promotion and education 
                        policies and programs to improve child 
                        nutrition environments by--
                                    ``(I) promoting and supporting 
                                dietary behaviors consistent with the 
                                Dietary Guidelines for Americans 
                                published under section 301 of the 
                                National Nutrition Monitoring and 
                                Related Research Act of 1990 (7 U.S.C. 
                                5341);
                                    ``(II) supporting the development, 
                                implementation, and assessment of local 
                                wellness policies carried out pursuant 
                                to section 5 of the Richard B. Russell 
                                National School Lunch Act (42 U.S.C. 
                                1754) by the local educational agencies 
                                in such State;
                                    ``(III) improving the nutritional 
                                quality of meals and snacks;
                                    ``(IV) increasing participation of 
                                children in child nutrition programs; 
                                or
                                    ``(V) carrying out and 
                                disseminating effective evaluation 
                                techniques;
                            ``(ii) facilitating networking and 
                        information sharing within the State;
                            ``(iii) making available and accessible, 
                        and actively disseminating materials, 
                        trainings, programs, model policies and other 
                        promising practices; and
                            ``(iv) coordinating and collaborating with 
                        other nutrition education and promotion 
                        efforts, such as Supplemental Nutrition 
                        Assistance Program Education and coordinated 
                        school health programs, across the State to 
                        leverage resources and ensure children are 
                        receiving effective and consistent messages 
                        regarding healthy eating and active living; and
                    ``(B) allocating grants under subsections (e) and 
                (f) to local educational agencies to support nutrition 
                promotion and education.
    ``(e) Local Educational Agency Grants for the First 2 Fiscal 
Years.--
            ``(1) Authorization of grant program.--
                    ``(A) In general.--From the amounts made available 
                under subsection (c)(3) to carry out this subsection, a 
                State shall award grants to local educational agencies 
                participating in child nutrition programs under this 
                Act or the Richard B. Russell National School Lunch Act 
                (42 U.S.C. 1751 et seq.) to promote and support healthy 
                eating and physical activity programs, policies, or 
                initiatives for children that participate in the child 
                nutrition programs.
                    ``(B) State allocation for local educational agency 
                grants.--For the first 2 fiscal years for which funds 
                are appropriated to carry out this subsection, from the 
                amount appropriated under subsection (c)(3)(A)(ii), the 
                Secretary shall allocate to each State that received a 
                grant under subsection (d) a sum that bears the same 
                ratio to such amount as the number of students eligible 
                for free or reduced price lunch in such State for the 
                preceding fiscal year, bears to the total number of 
                students so eligible in all such States for such fiscal 
                year.
            ``(2) State distribution of local educational agency grants 
        for the first 2 fiscal years.--
                    ``(A) Allocation to local educational agencies.--A 
                State receiving funds under this subsection shall award 
                grants to each local educational agency in such State 
                with an approved application, a sum that bears the same 
                ratio to such amount as the number of students eligible 
                for free or reduced price lunch in such local 
                educational agency for the preceding fiscal year, bears 
                to the total number of students so eligible in all the 
                local educational agencies in such State for such 
                fiscal year.
                    ``(B) Reallocation.--If a local educational agency 
                does not receive a grant under this subsection, the 
                State shall reallocate such funds to other local 
                educational agencies in the State with approved 
                applications.
            ``(3) Interdisciplinary team.--In awarding grants under 
        this subsection, a State shall establish an interdisciplinary 
        team that is comprised of State education and health 
        representatives and chaired by the State Wellness and Nutrition 
        Network coordinator (or a designee of such coordinator) to 
        review applications submitted by local educational agencies.
            ``(4) Local educational agency application.--To be eligible 
        to receive a grant under this subsection, a local educational 
        agency shall submit an application to the interdisciplinary 
        team established pursuant to paragraph (3) at such time, in 
        such manner, and containing such information as the 
        interdisciplinary team may require.
            ``(5) Local educational agency uses of funds.--A local 
        educational agency receiving a grant under this subsection 
        shall use such funds to promote and support healthy eating and 
        physical activity programs, policies, or initiatives for 
        children that participate in child nutrition programs, by--
                    ``(A) carrying out, assessing, or strengthening the 
                local wellness policies pursuant to section 5 of the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1754);
                    ``(B) improving the nutritional quality of, 
                participation in, and acceptance of, meals and snacks;
                    ``(C) implementing Federal, State, or other health 
                guidelines, including for nutrition and physical 
                education;
                    ``(D) providing regular physical activity; or
                    ``(E) collaborating and coordinating with public 
                and private organizations, including community-based 
                organizations, and State health, nutrition, and 
                education associations (such as Supplemental Nutrition 
                Assistance Program Education, local extension agencies, 
                coordinated school health, and the Fresh Fruit and 
                Vegetable program under section 19 of the Richard B. 
                Russell School Lunch Act (42 U.S.C. 1769a)) to promote 
                and support healthy eating and physical activity.
    ``(f) State Distribution of Competitive Grants Beginning With the 
3rd Fiscal Year.--
            ``(1) In general.--From the amount allocated under 
        subsection (c)(3), a State shall award grants, on a competitive 
        basis, to local educational agencies and institutions to carry 
        out the programs and activities described in subsection (e)(5).
            ``(2) State allocation.--From the amount appropriated under 
        subsection (c)(3)(B)(ii), the Secretary shall allocate to each 
        State that received a grant under subsection (d) a sum that 
        bears the same ratio to such amount as the number of students 
        eligible for free or reduced price lunch in such State for the 
        preceding fiscal year, bears to the total number of students so 
        eligible in all such States for such fiscal year.
            ``(3) State use of funds.--A State receiving funds under 
        this subsection shall use such funds to award grants, on a 
        competitive basis, to local educational agencies and 
        institutions participating in the child nutrition programs 
        under this Act or the Richard B. Russell National School Lunch 
        Act (42 U.S.C. 1751 et seq.) to carry out programs and 
        activities described in subsection (e)(5).
            ``(4) Application.--To be eligible to receive a grant under 
        this subsection, an applicant shall submit to the State 
        interdisciplinary team established pursuant to subsection 
        (e)(3) an application that includes information about the 
        performance and progress of such applicant in carrying out the 
        activities and achieving the goals described in subsection 
        (e)(5), including an outline of the specific activities, 
        materials, policies, or programs carried out to fulfill such 
        activities and goals.
            ``(5) Grant amount.--In determining the grant amount to 
        award under this subsection, the State Wellness and Nutrition 
        Network Coordinator shall consider the size of a local 
        educational agency or institution and the proportion of 
        students eligible for free and reduced priced meals.
    ``(g) Reporting and Evaluation Requirements.--
            ``(1) Reports to state wellness and nutrition network 
        coordinators by grant recipients.--Each grantee under this 
        section shall submit to the State Wellness and Nutrition 
        Network coordinator a report that describes the progress made 
        in carrying out the activities and goals described in its grant 
        application, including the policies or programs implemented by 
        the agency.
            ``(2) State reports to secretary.--Each State Wellness and 
        Nutrition Network coordinator shall submit to the Secretary--
                    ``(A) a report after the first fiscal year of the 
                implementation of the grant program under this 
                subsection that includes--
                            ``(i) actions that such coordinator planned 
                        and carried out in the preceding fiscal year to 
                        fulfill the State Wellness and Nutrition 
                        Network purpose described in subsection (d); 
                        and
                            ``(ii) a State needs assessment for child 
                        nutrition education and promotion throughout 
                        the State which may be compiled from existing 
                        data; and
                    ``(B) an evaluation after 3 years of the 
                implementation of the grant program under this 
                subsection, and every 3 years thereafter, that 
                describes and assesses the programs, policies, and 
                activities that the State Wellness and Nutrition 
                Network and its grantees carried out under subsections 
                (d), (e), and (f);
            ``(3) Evaluations by secretary.--The Secretary shall 
        conduct an evaluation of the Wellness and Nutrition Network 
        that includes an overview of--
                    ``(A) State nutrition education and promotion 
                activities;
                    ``(B) activities by grantees under this subsection;
                    ``(C) coordination and collaboration efforts within 
                and between States;
                    ``(D) identification of best practices for 
                improving healthy eating by students and promoting 
                physical activity;
                    ``(E) improvements to school nutrition 
                environments; and
                    ``(F) local wellness policies activities.
            ``(4) Report.--Not later than January 1, 2013, the 
        Secretary shall prepare and submit to the Committee on 
        Agriculture, Nutrition, and Forestry of the Senate and the 
        Committee on Education and Labor of the House of 
        Representatives a report on the evaluation conducted pursuant 
        to paragraph (3).
    ``(h) Secretary's TWNN Responsibilities.--
            ``(1) In general.--From the amounts appropriated under 
        subsection (c)(3)(A)(iii) or (c)(3)(B)(iii), as applicable, the 
        Secretary shall develop and implement a comprehensive and 
        integrated national nutrition promotion and education strategy 
        by carrying out the activities described in paragraph (2).
            ``(2) Activities.--In developing and implementing the 
        nutrition promotion and education strategy described in 
        paragraph (1), the Secretary shall carry out activities that 
        shall include--
                    ``(A) developing and disseminating the Wellness and 
                Nutrition Network materials to States, local 
                educational agencies, and others working with child 
                nutrition programs, as appropriate;
                    ``(B) providing regular communication, training, 
                technical assistance, and messages to States;
                    ``(C) developing, maintaining, and updating 
                resources including a hotline, website and other 
                assistance, information, and online training of best 
                practices and effective strategies for promoting 
                healthy eating and physical activity, coordinating with 
                those resources provided through section 5(d)(2) of the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1751 et seq.); and
                    ``(D) coordinating with other national, State, and 
                local nutrition education and promotion efforts.
            ``(3) Subject matter.--In developing and implementing the 
        nutrition promotion and education strategy described in 
        paragraph (1), the Secretary shall address issues such as--
                    ``(A) effective strategies to promote and support 
                healthy eating, physical activity, and positive 
                behavior changes;
                    ``(B) model policies and programs to improve school 
                nutrition and physical activity environments;
                    ``(C) improving the nutritional quality of school 
                meals, including the healthfulness of commodities under 
                programs authorized under this Act and the Richard B. 
                Russell National School Lunch Act, and foods provided 
                outside of school meals, such as food provided through 
                vending machines, a la carte, fundraisers, school 
                stores, school celebrations, snacks, and food rewards;
                    ``(D) increasing participation in school meals; and
                    ``(E) effective evaluation techniques.''.

SEC. 5. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
                                 <all>