I 111th CONGRESS 2d Session H. R. 5090 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.
1.
Short title
This Act may be cited as the ‘Nutrition Education and Wellness in Schools Act or the NEW Schools Act.
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.
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:
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.
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:
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.
.
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.