HR 5209 IHCommentsClose CommentsPermalink

To provide a comprehensive approach to preventing and treating obesity.CommentsClose CommentsPermalink

May 5, 2010CommentsClose CommentsPermalink

Mr. KIND (for himself, Mrs. BONO MACK, Mr. BLUMENAUER, and Ms. FUDGE) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Ways and Means, Agriculture, Transportation and Infrastructure, and Natural Resources, 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 concernedCommentsClose CommentsPermalink

To provide a comprehensive approach to preventing and treating obesity.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Healthy Communities through Helping to Offer Incentives and Choices to Everyone in Society Act of 2010’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--IMPROVING PREVENTION AND TREATMENT OF OBESITY IN ADULTS AND CHILDREN

Sec. 101. Reporting of Body Mass Index Information Requirement.CommentsClose CommentsPermalink





Sec. 102. Grants for Body Mass Index data analysis.CommentsClose CommentsPermalink





Sec. 103. Requirement to expedite national Medicare coverage determinations for evidence-based preventive services.CommentsClose CommentsPermalink





Sec. 104. Expansion of obesity treatment services under Medicare.CommentsClose CommentsPermalink





Sec. 105. Coverage of evidence-based preventive services under Medicaid and SCHIP.CommentsClose CommentsPermalink





Sec. 106. Coverage of medical nutrition therapy under Medicaid and SCHIP.CommentsClose CommentsPermalink





Sec. 107. Clarification of EPSDT inclusion of prevention, screening, and treatment services for obesity and overweight; SCHIP coverage.CommentsClose CommentsPermalink





Sec. 108. Grants to increase physical activity, improve nutrition, and promote healthy eating behaviors.CommentsClose CommentsPermalink





Sec. 109. Grants to provide training for health profession students.CommentsClose CommentsPermalink





Sec. 110. Grants to provide training for health professionals.CommentsClose CommentsPermalink





Sec. 111. Preventive health services block grant.CommentsClose CommentsPermalink

TITLE II--IMPROVING CHILDHOOD NUTRITION

Sec. 201. Nutrition and wellness goals for meals served through the child and adult care food program.CommentsClose CommentsPermalink





Sec. 202. Interagency coordination to promote health and wellness in child care licensing.CommentsClose CommentsPermalink





Sec. 203. Study on nutrition and wellness quality of child care settings.CommentsClose CommentsPermalink





Sec. 204. Working group to reduce paperwork and improve program administration.CommentsClose CommentsPermalink





Sec. 205. Renewal of application materials and permanent operating agreements.CommentsClose CommentsPermalink





Sec. 206. Transmission of income information by sponsored family or group day care homes.CommentsClose CommentsPermalink





Sec. 207. Simplifying and enhancing administrative payments to sponsoring organizations.CommentsClose CommentsPermalink





Sec. 208. Cultivate farm-to-school partnerships.CommentsClose CommentsPermalink

TITLE III--IMPROVING ACCESS TO AND OPPORTUNITY FOR PHYSICAL ACTIVITY FOR ADULTS AND CHILDREN

Subtitle A--National Program Promoting Lifelong Active Youth (PLAY) and Implementation Grants

Sec. 301. Play assessment tools.CommentsClose CommentsPermalink





Sec. 302. Model communities of play implementation grants.CommentsClose CommentsPermalink

Subtitle B--Moving Outdoors in Nature

Sec. 311. Definitions.CommentsClose CommentsPermalink





Sec. 312. Grants for development or implementation of Moving Outdoors in Nature Strategies.CommentsClose CommentsPermalink





Sec. 313. National evaluation of health impacts.CommentsClose CommentsPermalink





Sec. 314. Technical assistance and best practices.CommentsClose CommentsPermalink





Sec. 315. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle C--Other Provisions

Sec. 321. Authorization of appropriations for Carol M. White Physical Education Program.CommentsClose CommentsPermalink





Sec. 322. Physical education guidelines for elementary and secondary schools.CommentsClose CommentsPermalink





Sec. 323. Treating physical education as a core academic subject for elementary and secondary education grants.CommentsClose CommentsPermalink





Sec. 324. Physical activity guidelines for preschool children.CommentsClose CommentsPermalink





Sec. 325. Tracking physical activity in schools.CommentsClose CommentsPermalink





Sec. 326. Employer-provided off-premises health club services.CommentsClose CommentsPermalink





Sec. 327. Certain amounts paid for physical activity, fitness, and exercise treated as amounts paid for medical care.CommentsClose CommentsPermalink





Sec. 328. National youth sports program revitalization.CommentsClose CommentsPermalink





Sec. 329. Duplication of the Zuni Youth Enrichment Project Summer Camp on Indian reservations and tribal lands.CommentsClose CommentsPermalink

TITLE IV--IMPROVING ACCESS TO NUTRITIONAL INFORMATION AND HEALTHY FOODS

Sec. 401. Consumer education.CommentsClose CommentsPermalink





Sec. 402. Expand team nutrition training grants.CommentsClose CommentsPermalink





Sec. 403. Department of Agriculture program to support establishment or expansion of retail food stores offering affordable, nutritious foods in underserved communities and coordination with other Federal programs.CommentsClose CommentsPermalink





Sec. 404. Virtual Farmers Market Program.CommentsClose CommentsPermalink





Sec. 405. Urban and Native-American Community Garden Grant Program.CommentsClose CommentsPermalink

TITLE V--REALIGNING TRANSPORTATION POLICY TO HELP PROMOTE HEALTHY LIFESTYLES

Sec. 501. Grants to promote planning decisions and policies that increase access to physical activity.CommentsClose CommentsPermalink





Sec. 502. Joint use agreements.CommentsClose CommentsPermalink





Sec. 503. Expansion of safe routes to school program.CommentsClose CommentsPermalink





Sec. 504. Active transportation infrastructure investment program.CommentsClose CommentsPermalink

TITLE VI--RESEARCH AND ASSESSMENT TOOLS

Sec. 601. National Center for Health Statistics.CommentsClose CommentsPermalink





Sec. 602. Report on obesity research.CommentsClose CommentsPermalink

TITLE I--IMPROVING PREVENTION AND TREATMENT OF OBESITY IN ADULTS AND CHILDRENCommentsClose CommentsPermalink

SEC. 101. REPORTING OF BODY MASS INDEX INFORMATION REQUIREMENT.

(a) In General- Subsection (a) of section 2125 of the Public Health Service Act (42 U.S.C. 300aa-25) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (3);CommentsClose CommentsPermalink





(2) by striking the period and adding ‘, and’ at the end of paragraph (4); andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) the age, gender, height, and weight of each person vaccinated to calculate the body mass index of such person.’.CommentsClose CommentsPermalink





(b) Reporting- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘and’ at the end of subparagraph (B);CommentsClose CommentsPermalink





(B) by redesignating subparagraph (C) as subparagraph (D); andCommentsClose CommentsPermalink





(C) by inserting after subparagraph (B) the following new subparagraph:CommentsClose CommentsPermalink





‘(C) the information recorded under subsection (a)(5), and’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) Each health provider shall also report to the relevant department of the State in which such health care provider practices the data collected under subsection (a)(5).’.CommentsClose CommentsPermalink

SEC. 102. GRANTS FOR BODY MASS INDEX DATA ANALYSIS.

(a) Establishment- The Secretary of Health and Human Services may make grants to not more than 20 eligible entities to analyze body mass index (hereinafter in this section referred to as ‘BMI’) measurements of children, ages 2 through 18.CommentsClose CommentsPermalink





(b) Eligibility- An eligible entity for purposes of this section is a State (including the District of Columbia, the Commonwealth of Puerto Rico, and each territory of the United States) that has a statewide immunization information system that--CommentsClose CommentsPermalink





(1) has the capacity to store basic demographic information (including date of birth, gender, and geographic area of residence), height, weight, and immunization data for each resident of the State;CommentsClose CommentsPermalink





(2) is accessible to doctors, nurses, other licensed medical professionals, and officials of the relevant department in the State charged with maintaining health and immunization records; andCommentsClose CommentsPermalink





(3) has the capacity to integrate large amounts of data for the analysis of BMI measurements.CommentsClose CommentsPermalink





(c) Use of Funds- A State that receives a grant under this section shall use the grant for the following purposes:CommentsClose CommentsPermalink





(1) Analyzing the effectiveness of obesity prevention programs and wellness policies carried out in the State.CommentsClose CommentsPermalink





(2) Purchasing new computers, computer equipment, and software to upgrade computers to be used for a statewide immunization information system.CommentsClose CommentsPermalink





(3) The hiring and employment of personnel to maintain and analyze BMI data.CommentsClose CommentsPermalink





(4) The development and implementation of training programs for medical professionals to aid such professionals in taking BMI measurements and discussing such measurements with patients.CommentsClose CommentsPermalink





(5) Providing information to parents and legal guardians in accordance with subsection (e)(2).CommentsClose CommentsPermalink





(d) Selection Criteria- In selecting recipients of grants under this section, the Secretary shall give priority to States in which a high percentage of public and private health care providers submit data to a statewide immunization information system that--CommentsClose CommentsPermalink





(1) contains immunization data for not less than 20 percent of the population of such State that is under the age of 18; andCommentsClose CommentsPermalink





(2) includes data collected from men and women who are of a wide variety of ages and who reside in a wide variety of geographic areas in a State (as determined by the Secretary).CommentsClose CommentsPermalink





(e) Conditions- As a condition of receiving a grant under this section, a State shall--CommentsClose CommentsPermalink





(1) ensure that BMI measurements will be recorded for children ages 2 through 18--CommentsClose CommentsPermalink





(A) on an annual basis by a licensed physician, nurse, nurse practitioner, or physicians assistant during an annual physical examination, wellness visit, or similar visit with a physician; andCommentsClose CommentsPermalink





(B) in accordance with data collection protocols published by the American Academy of Pediatrics in the 2007 Expert Committee Recommendations; andCommentsClose CommentsPermalink





(2) for each child in the State for whom such measurements indicate a BMI greater than the 95th percentile for such child’s age and gender, provide to the parents or legal guardians of such child information on how to lower BMI and information on State and local obesity prevention programs.CommentsClose CommentsPermalink





(f) Reports-CommentsClose CommentsPermalink





(1) REPORTS TO THE SECRETARY- Not later than 5 years after the receipt of a grant under this section, the State receiving such grant shall submit to the Secretary the following reports:CommentsClose CommentsPermalink





(A) A report containing an analysis of BMI data collected using the grant, including--CommentsClose CommentsPermalink





(i) the differences in obesity trends by gender, disability, geographic area (as determined by the State), and socioeconomic status within such State; andCommentsClose CommentsPermalink





(ii) the demographic groups and geographic areas most affected by obesity within such State.CommentsClose CommentsPermalink





(B) A report containing an analysis of the effectiveness of obesity prevention programs and State wellness policies, including--CommentsClose CommentsPermalink





(i) an analysis of the success of such programs and policies prior to the receipt of the grant; andCommentsClose CommentsPermalink





(ii) a discussion of the means to determine the most effective strategies to combat obesity in the geographic areas identified under subparagraph (A).CommentsClose CommentsPermalink





(2) REPORT TO CONGRESS AND CERTAIN EXECUTIVE AGENCIES- Not later than 1 year after the Secretary receives all the reports required pursuant to paragraph (1), the Secretary shall submit to the Secretary of Education, the Secretary of Agriculture, and to Congress a report that contains the following:CommentsClose CommentsPermalink





(A) An analysis of trends in childhood obesity, including how such trends vary across regions of the United States, and how such trends vary by gender and socioeconomic status.CommentsClose CommentsPermalink





(B) A description of any programs that--CommentsClose CommentsPermalink





(i) the Secretary has determined significantly lower childhood obesity rates for certain geographic areas in the United States, including urban, rural, and suburban areas; andCommentsClose CommentsPermalink





(ii) the Secretary recommends to be implemented by the States (including States that did not receive a grant under this section).CommentsClose CommentsPermalink





(g) Authorization of Appropriations- There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section for each of fiscal years 2010 through 2015.CommentsClose CommentsPermalink

SEC. 103. REQUIREMENT TO EXPEDITE NATIONAL MEDICARE COVERAGE DETERMINATIONS FOR EVIDENCE-BASED PREVENTIVE SERVICES.

(a) In General- Not later than January 1, 2011, the Secretary of Health and Human Services shall issue national Medicare coverage determinations for evidence-based preventive and treatment services, including services to prevent or treat overweight and obesity that have in effect a rating of ‘A’ or ‘B’ (relating to a classification representing strongly recommended or recommended services) in the current recommendations of the United States Preventive Services Task Force (in this section referred to as ‘USPSTF’) and clinical services for preventing and treating overweight and obesity as defined by the National Heart, Lung and Blood Institute’s (in this section referred to as ‘NHLBI’) Clinical Guidelines on the Identification, Evaluation and Treatment of Overweight and Obesity in Adults. The Secretary shall update such coverage determinations based on future updates to such USPSTF and NHLBI guidelines.CommentsClose CommentsPermalink





(b) Updating Recommendations- The Secretary shall instruct--CommentsClose CommentsPermalink





(1) the Agency for Healthcare Research and Quality and the USPSTF to update, by not later than one year after the date of the enactment of this Act and at least once every 5 years thereafter, USPSTF recommendations relating to the prevention of overweight and obesity that have in effect a rating of ‘I’ (relating to a classification representing insufficient evidence to make a recommendation for the service involved) to determine if such rating should be upgraded to a rating of ‘A’ or ‘B’; andCommentsClose CommentsPermalink





(2) the National Heart, Lung and Blood Institute to update, by not later than December 31, 2010, and at least once every 3 years thereafter, the NHLBI Clinical Guidelines described in subsection (a).CommentsClose CommentsPermalink

SEC. 104. EXPANSION OF OBESITY TREATMENT SERVICES UNDER MEDICARE.

(a) Coverage- Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 4103 of the Patient Protection and Affordable Care Act (Public Law 111-148), is further amended--CommentsClose CommentsPermalink





(1) in subsection (s)(2)--CommentsClose CommentsPermalink





(A) in subparagraph (EE), by striking at the end ‘and’;CommentsClose CommentsPermalink





(B) in subparagraph (FF), by adding at the end ‘and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(GG) items and services furnished under an obesity treatment program (as defined in subsection (iii));’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(iii) Obesity Treatment Program- The term ‘obesity treatment program’ means--CommentsClose CommentsPermalink





‘(1) medical services delivered to eligible individuals under a plan of care for the purpose of reducing body mass index and the associated co-morbidities of obesity, including the following:CommentsClose CommentsPermalink





‘(A) the development of an initial plan of care and subsequent revisions to that plan of care;CommentsClose CommentsPermalink





‘(B) medical and surgical interventions as determined appropriate by the Secretary; andCommentsClose CommentsPermalink





‘(C) additional services for which payment would not otherwise be made under this title that the Secretary may specify that encourage the receipt of, or improve the effectiveness of, the services described in the preceding subparagraphs.CommentsClose CommentsPermalink





In carrying out subparagraph (C), the Secretary shall consider recommendations of the United States Preventive Services Task Force; clinical practice guidelines for treatment of overweight, obesity, and severe obesity issued by professional medical societies; and consensus statements and guidelines on effective treatment of overweight, obesity, and severe obesity issued by the National Institutes of Health, professional medical societies, and other authoritative sources (such as those identified in the National Heart Lung and Blood Institute’s Clinical Guidelines on the Identification, Evaluation, and Treatment of Overweight and Obesity in Adults).CommentsClose CommentsPermalink





‘(2) For purposes of this subsection, the term ‘eligible individual’ means an individual who has:CommentsClose CommentsPermalink





‘(A) been diagnosed with obesity by a physician (as defined in subsection (r)) or provider of services (as defined in subsection (u));CommentsClose CommentsPermalink





‘(B) a body mass index of at least 30; orCommentsClose CommentsPermalink





‘(C) a body mass index of at least 27 with at least one weight-related comorbid condition.CommentsClose CommentsPermalink





It is not necessary for such individual be diagnosed with co-morbidities in addition to the obesity diagnosis or body mass index of at least 30 in order to be considered an ‘eligible individual’ under this subsection.’.CommentsClose CommentsPermalink





(b) Payment- Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 10501(h)(3)(B) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ before ‘(Z)’; andCommentsClose CommentsPermalink





(2) by inserting before the semicolon at the end the following: ‘, and (AA) with respect to items and services furnished under an obesity treatment program (as defined in section 1861(iii)), the amount paid shall be 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph’.CommentsClose CommentsPermalink

SEC. 105. COVERAGE OF EVIDENCE-BASED PREVENTIVE SERVICES UNDER MEDICAID AND SCHIP.

(a) State Option To Provide Medical Assistance for Evidence-Based Preventive Services-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1905 of the Social Security Act (42 U.S.C. 1396d)--CommentsClose CommentsPermalink





(A) in subsection (a), as amended by section 2301(a) of the Patient Protection and Affordable Care Act, is further amended--CommentsClose CommentsPermalink





(i) in paragraph (28), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(ii) by redesignating paragraph (29) as paragraph (30); andCommentsClose CommentsPermalink





(iii) by inserting after paragraph (28) the following:CommentsClose CommentsPermalink





‘(29) evidence-based preventive services described in subsection (dd); and’; andCommentsClose CommentsPermalink





(B) as amended by section 10201(c)(6) of the Patient Protection and Affordable Care Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(dd) For purposes of subsection (a)(29), evidence-based preventive services described in this subsection are any preventive services which the Secretary has determined are reasonable and necessary, including, as so determined, diet and exercise counseling, healthy weight and obesity counseling, and any other evidence-based, effective clinical intervention for obese individuals, including pharmacological or surgical services, designed to prevent comorbidities of obesity.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 1902(a)(10)(C)(iv) of such Act is amended by inserting ‘, and (29)’ after ‘(24)’.CommentsClose CommentsPermalink





(b) State Option To Provide Child Health Assistance for Evidence-Based Preventive Services- Section 2110(a) of the Social Security Act (42 U.S.C. 1397jj(a)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (28) as paragraph (29); andCommentsClose CommentsPermalink





(2) by inserting after paragraph (27) the following:CommentsClose CommentsPermalink





‘(28) Evidence-based preventive services described in section 1905(dd).’.CommentsClose CommentsPermalink

SEC. 106. COVERAGE OF MEDICAL NUTRITION THERAPY UNDER MEDICAID AND SCHIP.

(a) State Option To Provide Medical Assistance for Medical Therapy Services-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1905(a) of the Social Security Act (42 U.S.C. 1396d), as amended by section 105(b), is amended--CommentsClose CommentsPermalink





(A) in paragraph (29), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) by redesignating paragraph (30) as paragraph (31); andCommentsClose CommentsPermalink





(C) by inserting after paragraph (29) the following:CommentsClose CommentsPermalink





‘(30) medical nutrition therapy services (as defined in section 1861(vv)(1)) for individuals with pre-diabetes or obesity, or who are overweight (as defined by the Secretary); and".’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 1902(a)(10)(C)(iv) of such Act, as amended by section 105(b)(2), is amended by striking ‘and (29)’ and inserting ‘(29), and (30)’.CommentsClose CommentsPermalink





(b) State Option To Provide Child Health Assistance for Medical Nutrition Therapy Services- Section 2110(a) of the Social Security Act (42 U.S.C. 1397jj(a)), as amended by section 105(c), is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (29) as paragraph (30); andCommentsClose CommentsPermalink





(2) by inserting after paragraph (28) the following:CommentsClose CommentsPermalink





‘(29) Medical nutrition therapy services (as defined in section 1861(vv)(1)) for individuals with pre-diabetes or obesity, or who are overweight (as defined by the Secretary).’.CommentsClose CommentsPermalink

SEC. 107. CLARIFICATION OF EPSDT INCLUSION OF PREVENTION, SCREENING, AND TREATMENT SERVICES FOR OBESITY AND OVERWEIGHT; SCHIP COVERAGE.

(a) In General- Section 1905(r)(5) of the Social Security Act (42 U.S.C. 1396d(r)(5)) is amended by inserting before the period the following: ‘, including weight and BMI measurement and monitoring, as well as appropriate treatment services, including medical nutrition therapy services (as defined in section 1861(vv)(1)), physical therapy or exercise training, behavioral health counseling, and such other evidence-based services as recommended by the Secretary (after taking into consideration the American Academy of Pediatrics Expert Committee Guidelines Regarding the Prevention, Assessment, and Treatment of Child and Adolescent Overweight and Obesity)’.CommentsClose CommentsPermalink





(b) SCHIP-CommentsClose CommentsPermalink





(1) REQUIRED COVERAGE- Section 2103 (42 U.S.C. 1397cc) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), in the matter preceding paragraph (1), by striking ‘and (7)’ and inserting ‘(7), and (9)’; andCommentsClose CommentsPermalink





(B) in subsection (c)--CommentsClose CommentsPermalink





(i) by redesignating paragraph (7) as paragraph (9); andCommentsClose CommentsPermalink





(ii) by inserting after paragraph (6), the following:CommentsClose CommentsPermalink





‘(7) PREVENTION, SCREENING, AND TREATMENT SERVICES FOR OBESITY AND OVERWEIGHT- The child health assistance provided to a targeted low-income child shall include coverage of weight and BMI measurement and monitoring, as well as appropriate treatment services (including but not limited to) medical nutrition therapy services (as defined in section 1861(vv)(1)), physical therapy or exercise training, behavioral health counseling, and such other evidence-based services as recommended by the Secretary. For purposes of the previous sentence the Secretary shall take into consideration the American Academy of Pediatrics Expert Committee Guidelines Regarding the Prevention, Assessment, and Treatment of Child and Adolescent Overweight and Obesity.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 2102(a)(7)(B) (42 U.S.C. 1397bb(c)(2)) is amended by striking ‘section 2103(c)(5)’ and inserting ‘paragraphs (5) and (7) of section 2103(c)’.CommentsClose CommentsPermalink

SEC. 108. GRANTS TO INCREASE PHYSICAL ACTIVITY, IMPROVE NUTRITION, AND PROMOTE HEALTHY EATING BEHAVIORS.

Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by striking section 399W and inserting the following:CommentsClose CommentsPermalink

‘SEC. 399W. GRANTS TO INCREASE PHYSICAL ACTIVITY, IMPROVE NUTRITION, AND PROMOTE HEALTHY EATING BEHAVIORS.

‘(a) Establishment-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Administrator of the Health Resources and Services Administration, the Director of the Indian Health Service, the Secretary of Education, the Secretary of Agriculture, the Secretary of the Interior, the Director of the National Institutes of Health, the Director of the Office of Women’s Health, and the heads of other appropriate agencies, shall award competitive grants to eligible entities to plan and implement programs that promote healthy eating behaviors and physical activity to prevent obesity, being overweight, and related serious and chronic medical conditions.CommentsClose CommentsPermalink





‘(2) SPECIAL PRIORITY- In awarding grants under this section, the Secretary shall give special priority to grant proposals that target communities or populations disproportionately at-risk from obesity or being overweight, including health disparity populations (as defined in section 485E(d)), the underserved, and youth.CommentsClose CommentsPermalink





‘(3) TERM- The Secretary shall award grants under this subsection for a period not to exceed 4 years.CommentsClose CommentsPermalink





‘(b) Award of Grants- An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including--CommentsClose CommentsPermalink





‘(1) a plan describing a comprehensive program of approaches to encourage healthy eating behaviors and healthy levels of physical activity;CommentsClose CommentsPermalink





‘(2) the manner in which the eligible entity will coordinate with appropriate State and local authorities and community-based organizations, including--CommentsClose CommentsPermalink





‘(A) State and local educational agencies;CommentsClose CommentsPermalink





‘(B) departments of health;CommentsClose CommentsPermalink





‘(C) chronic disease directors;CommentsClose CommentsPermalink





‘(D) State directors of programs under section 17 of the Child Nutrition Act of 1966;CommentsClose CommentsPermalink





‘(E) governors’ councils for physical activity and good nutrition;CommentsClose CommentsPermalink





‘(F) State and local parks and recreation departments;CommentsClose CommentsPermalink





‘(G) State and local departments of transportation and city planning; andCommentsClose CommentsPermalink





‘(H) community-based organizations serving youth; andCommentsClose CommentsPermalink





‘(3) the manner in which the applicant will evaluate the effectiveness of the program carried out under this section.CommentsClose CommentsPermalink





‘(c) Coordination- In awarding grants under this section, the Secretary shall ensure that the proposed programs are coordinated in substance and format with programs currently funded through other Federal agencies and operating within the community including the Physical Education Program (PEP) of the Department of Education.CommentsClose CommentsPermalink





‘(d) Eligible Entity- In this section, the term ‘eligible entity’ means--CommentsClose CommentsPermalink





‘(1) a city, county, tribe, territory, or State;CommentsClose CommentsPermalink





‘(2) a State educational agency;CommentsClose CommentsPermalink





‘(3) a tribal educational agency;CommentsClose CommentsPermalink





‘(4) a local educational agency;CommentsClose CommentsPermalink





‘(5) a federally qualified health center (as defined in section 1861(aa)(4) of the Social Security Act);CommentsClose CommentsPermalink





‘(6) a rural health clinic;CommentsClose CommentsPermalink





‘(7) a health department;CommentsClose CommentsPermalink





‘(8) an Indian Health Service hospital or clinic;CommentsClose CommentsPermalink





‘(9) an Indian tribal health facility;CommentsClose CommentsPermalink





‘(10) an urban Indian facility;CommentsClose CommentsPermalink





‘(11) any health provider;CommentsClose CommentsPermalink





‘(12) an accredited university or college;CommentsClose CommentsPermalink





‘(13) a community-based organization;CommentsClose CommentsPermalink





‘(14) a local city planning agency;CommentsClose CommentsPermalink





‘(15) a State or local parks and recreation department; orCommentsClose CommentsPermalink





‘(16) any other entity determined appropriate by the Secretary.CommentsClose CommentsPermalink





‘(e) Use of Funds- An eligible entity that receives a grant under this section shall use the funds made available through the grant to--CommentsClose CommentsPermalink





‘(1) carry out community-based activities including--CommentsClose CommentsPermalink





‘(A) city planning, transportation initiatives, and environmental changes that help promote physical activity, such as increasing the use of walking or bicycling as a mode of transportation;CommentsClose CommentsPermalink





‘(B) forming partnerships and activities with businesses, disability organizations, community-based organizations, and other entities to increase physical activity levels and promote healthy eating behaviors in schools and while traveling to and from schools;CommentsClose CommentsPermalink





‘(C) forming partnerships with entities, including schools, faith-based entities, community-based organizations, and other organizations providing recreational services, to establish programs that use their facilities or other resources for after-school, weekend, and summer community activities, especially those that promote or involve physical activity;CommentsClose CommentsPermalink





‘(D) establishing incentives for retail food stores, farmer’s markets, food co-ops, grocery stores, and other retail food outlets that offer fruits and vegetables and other nutritious foods to encourage such stores and outlets to locate in economically depressed areas;CommentsClose CommentsPermalink





‘(E) forming partnerships with senior centers, nursing facilities, retirement communities, and assisted living facilities to establish programs for older people to foster physical activity and healthy eating behaviors;CommentsClose CommentsPermalink





‘(F) forming partnerships with daycare and after-school entities to establish programs that promote healthy eating behaviors and physical activity;CommentsClose CommentsPermalink





‘(G) developing and evaluating community educational activities targeting good nutrition and promoting healthy eating behaviors; andCommentsClose CommentsPermalink





‘(H) providing, directly or in cooperation with State and local parks and recreation departments, programs and other opportunities for daily physical activity;CommentsClose CommentsPermalink





‘(2) carry out age-appropriate school-based activities including--CommentsClose CommentsPermalink





‘(A) developing and testing educational curricula and intervention programs designed to promote healthy eating behaviors and habits in youth, which may include--CommentsClose CommentsPermalink





‘(i) after hours physical activity programs;CommentsClose CommentsPermalink





‘(ii) increasing opportunities for students to make informed choices regarding healthy eating behaviors; andCommentsClose CommentsPermalink





‘(iii) science-based interventions with multiple components to prevent obesity and being overweight including nutritional content, understanding and responding to hunger and satiety, positive body image development, positive self-esteem development, and learning life skills (such as stress management, communication skills, problem-solving and decisionmaking skills), as well as consideration of cultural and developmental issues, and the role of family, school, and community;CommentsClose CommentsPermalink





‘(B) providing education and training to educational professionals regarding a healthy lifestyle and a healthy school environment;CommentsClose CommentsPermalink





‘(C) planning and implementing a healthy lifestyle curriculum or program with an emphasis on healthy eating behaviors and physical activity; andCommentsClose CommentsPermalink





‘(D) planning and implementing healthy lifestyle classes or programs for parents or guardians, with an emphasis on healthy eating behaviors and physical activity;CommentsClose CommentsPermalink





‘(3) carry out activities through the local health care delivery systems including--CommentsClose CommentsPermalink





‘(A) promoting healthy eating behaviors and physical activity services to treat or prevent obesity and being overweight;CommentsClose CommentsPermalink





‘(B) providing patient education and counseling to increase physical activity and promote healthy eating behaviors; andCommentsClose CommentsPermalink





‘(C) providing community education on good nutrition and physical activity to develop a better understanding of the relationship between diet, physical activity, and obesity or being overweight; orCommentsClose CommentsPermalink





‘(4) other activities determined appropriate by the Secretary (including evaluation or identification and dissemination of outcomes and best practices).CommentsClose CommentsPermalink





‘(f) Matching Funds- In awarding grants under subsection (a), the Secretary may give priority to eligible entities who provide matching contributions. Such non-Federal contributions may be cash or in kind, fairly evaluated, including plant, equipment, or services.CommentsClose CommentsPermalink





‘(g) Technical Assistance- The Secretary may set aside an amount not to exceed 10 percent of the total amount appropriated for a fiscal year pursuant to subsection (k) to permit the Director of the Centers for Disease Control and Prevention to provide grantees with technical support in the development, implementation, and evaluation of programs under this section and to disseminate information about effective strategies and interventions in preventing and treating obesity through the promotion of healthy eating behaviors and physical activity.CommentsClose CommentsPermalink





‘(h) Limitation on Administrative Costs- An eligible entity awarded a grant under this section may not use more than 10 percent of funds awarded under such grant for administrative expenses.CommentsClose CommentsPermalink





‘(i) Report- Not later than 6 years after the date of enactment of the Improved Nutrition and Physical Activity Act, the Director of the Centers for Disease Control and Prevention shall review the results of the grants awarded under this section and other related research and identify programs that have demonstrated effectiveness in promoting healthy eating behaviors and physical activity in youth. Such review shall include an identification of model curricula, best practices, and lessons learned, as well as recommendations for next steps to reduce obesity and being overweight. Information derived from such review, including model program curricula, shall be disseminated to the public.CommentsClose CommentsPermalink





‘(j) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) HEALTHY EATING BEHAVIORS- The term ‘healthy eating behaviors’ means--CommentsClose CommentsPermalink





‘(A) eating in quantities adequate to meet, but not in excess of, daily energy needs;CommentsClose CommentsPermalink





‘(B) choosing foods to promote health and prevent disease;CommentsClose CommentsPermalink





‘(C) eating comfortably in social environments that promote healthy relationships with family, peers, and community; andCommentsClose CommentsPermalink





‘(D) eating in a manner to acknowledge internal signals of hunger and satiety.CommentsClose CommentsPermalink





‘(2) OBESE- The term ‘obese’ refers to an adult with a Body Mass Index (BMI) of 30 kg/m2 or greater, or a child or adolescent with a BMI at or above the 95th percentile on the revised Centers for Disease Control and Prevention growth charts or another appropriate childhood definition, as defined by the Secretary.CommentsClose CommentsPermalink





‘(3) OVERWEIGHT- The term ‘overweight’ refers to an adult with a Body Mass Index (BMI) of 25 to 29.9 kg/m2 or a child or adolescent with a BMI at or above the 85th percentile, but below the 95th percentile, on the revised Centers for Disease Control and Prevention growth charts or another appropriate childhood definition, as defined by the Secretary.CommentsClose CommentsPermalink





‘(4) YOUTH- The term ‘youth’ means individuals not more than 18 years old.CommentsClose CommentsPermalink





‘(k) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, $60,000,000 for fiscal year 2011, and such sums as may be necessary for each of fiscal years 2012 through 2015.’.CommentsClose CommentsPermalink

SEC. 109. GRANTS TO PROVIDE TRAINING FOR HEALTH PROFESSION STUDENTS.

Section 747 of the Public Health Service Act (42 U.S.C. 293k) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





‘(c) Special Consideration- In awarding grants or contracts under subsection (a) or (b), the Secretary shall give special consideration to qualified applicants proposing a project or program which will prepare practitioners to care for individuals (including children) who are overweight or obese (as such terms are defined in section 399W(j)).’.CommentsClose CommentsPermalink

SEC. 110. GRANTS TO PROVIDE TRAINING FOR HEALTH PROFESSIONALS.

Section 399Z of the Public Health Service Act (42 U.S.C. 280h-3) is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘2005’ and inserting ‘2011’;CommentsClose CommentsPermalink





(2) by redesignating subsection (b) as subsection (c);CommentsClose CommentsPermalink





(3) by inserting after subsection (a) the following:CommentsClose CommentsPermalink





‘(b) Grants-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary may award grants to eligible entities to train primary care physicians and other licensed or certified health professionals on how to treat and prevent obesity and aid individuals who are obese or overweight.CommentsClose CommentsPermalink





‘(2) APPLICATION- An entity that desires a grant under this subsection shall submit an application at such time, in such manner, and containing such information as the Secretary may require, including a plan for the use of funds that may be awarded and an evaluation of the training that will be provided.CommentsClose CommentsPermalink





‘(3) USE OF FUNDS- An entity that receives a grant under this subsection shall use the funds made available through such grant to--CommentsClose CommentsPermalink





‘(A) use evidence-based findings or recommendations that pertain to the prevention and treatment of obesity and being overweight to conduct educational conferences, including Internet-based courses and teleconferences, on--CommentsClose CommentsPermalink





‘(i) how to treat or prevent obesity and being overweight;CommentsClose CommentsPermalink





‘(ii) the link between obesity and being overweight and related serious and chronic medical conditions;CommentsClose CommentsPermalink





‘(iii) how to discuss varied strategies with patients from at-risk and diverse populations to promote positive behavior change and healthy lifestyles to avoid obesity and being overweight;CommentsClose CommentsPermalink





‘(iv) how to identify individuals who are or are at risk for being obese or being overweight and, therefore, are at risk for related serious and chronic medical conditions; andCommentsClose CommentsPermalink





‘(v) how to conduct a comprehensive assessment of individual and familial health risk factors; andCommentsClose CommentsPermalink





‘(B) evaluate the effectiveness of the training provided by such entity in increasing knowledge and changing attitudes and behaviors of trainees.’; andCommentsClose CommentsPermalink





(4) in subsection (c) (as so redesignated)--CommentsClose CommentsPermalink





(A) by striking ‘There are authorized to be appropriated to carry out this section’ and all that follows and inserting the following: ‘There are authorized to be appropriated--CommentsClose CommentsPermalink





‘(1) to carry out subsection (a),’;CommentsClose CommentsPermalink





(B) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) to carry out subsection (b), $10,000,000 for fiscal year 2011, and such sums as may be necessary for each of fiscal years 2012 through 2015.’.CommentsClose CommentsPermalink

SEC. 111. PREVENTIVE HEALTH SERVICES BLOCK GRANT.

Section 1904(a)(1) of the Public Health Service Act (42 U.S.C. 300w-3(a)(1)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(H) Activities and community education programs designed to address and prevent obesity and being overweight through effective programs to promote healthy eating, and exercise habits and behaviors.’.CommentsClose CommentsPermalink

TITLE II--IMPROVING CHILDHOOD NUTRITIONCommentsClose CommentsPermalink

SEC. 201. NUTRITION AND WELLNESS GOALS FOR MEALS SERVED THROUGH THE CHILD AND ADULT CARE FOOD PROGRAM.

Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘(a) Grant Authority’ and all that follows through the end of paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(a) Program Purpose, Grant Authority and Institution Eligibility-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) PROGRAM PURPOSE-CommentsClose CommentsPermalink





‘(i) FINDINGS- Congress finds that--CommentsClose CommentsPermalink





‘(I) eating habits and other wellness-related behavior habits are established early in life; andCommentsClose CommentsPermalink





‘(II) good nutrition and wellness are important contributors to the overall health of young children and essential to cognitive development.CommentsClose CommentsPermalink





‘(ii) PURPOSE- The purpose of the program authorized by this section is to provide aid to child care institutions and family or group day care homes for the provision of nutritious foods that contribute to the wellness, healthy growth, and development of young children.CommentsClose CommentsPermalink





‘(B) GRANT AUTHORITY- The Secretary may carry out a program to assist States through grants-in-aid and other means to initiate and maintain nonprofit food service programs for children in institutions providing child care.’;CommentsClose CommentsPermalink





(2) by striking subsection (g) and inserting the following:CommentsClose CommentsPermalink





‘(g) Nutritional Requirements for Meals and Snacks Served in Institutions and Family or Group Day Care Homes-CommentsClose CommentsPermalink





‘(1) DEFINITION OF DIETARY GUIDELINES- In this subsection, the term ‘Dietary Guidelines’ means 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).CommentsClose CommentsPermalink





‘(2) NUTRITIONAL REQUIREMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in subparagraph (C), reimbursable meals and supplements served by institutions and family or group day care homes participating in the program under this section shall consist of a combination of foods that meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research.CommentsClose CommentsPermalink





‘(B) CONFORMITY WITH THE DIETARY GUIDELINES AND AUTHORITATIVE SCIENCE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not less frequently than once every 10 years, the Secretary shall review and, as appropriate, update requirements for meals and supplements served under the program under this section to ensure that the meals--CommentsClose CommentsPermalink





‘(I) are consistent with the goals of the most recent Dietary Guidelines; andCommentsClose CommentsPermalink





‘(II) promote the health of the population served by the program authorized under this section, as indicated by the most recent relevant nutrition science and appropriate authoritative scientific agency and organization recommendations.CommentsClose CommentsPermalink





‘(ii) COST REVIEW- The review required under clause (i) shall include a review of the cost to child care centers and group or family day care homes resulting from updated requirements for meals and snacks served under the program under this section.CommentsClose CommentsPermalink





‘(iii) REGULATIONS- Not later than 18 months after receipt of recommendations for meal pattern improvements from the Food and Nutrition Board of the National Research Council of the National Academy of Sciences, the Secretary shall promulgate proposed regulations to update the meal patterns for meals and snacks served under the program under this section.CommentsClose CommentsPermalink





‘(C) EXCEPTIONS-CommentsClose CommentsPermalink





‘(i) SPECIAL DIETARY NEEDS- The minimum nutritional requirements prescribed under subparagraph (A) do not prohibit institutions and family or group day care homes from substituting foods to accommodate the medical or other special dietary needs of individual children.CommentsClose CommentsPermalink





‘(ii) EXEMPT INSTITUTIONS- The Secretary may elect to waive all or part of the requirements of this subsection for emergency shelters and adult day care centers participating in the program under this section.CommentsClose CommentsPermalink





‘(3) MEAL SERVICE- Institutions and family day care homes shall ensure that reimbursable meal service contributes to the development and socialization of enrolled children by providing that food is not used as a punishment or reward.CommentsClose CommentsPermalink





‘(4) FLUID MILK-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each institution or family or group day care home participating in the program under this section shall provide fluid milk, in accordance with the most recent version of the Dietary Guidelines, as part of each reimbursable meal and supplement served under the program.CommentsClose CommentsPermalink





‘(B) MILK SUBSTITUTES- In the case of children who cannot consume fluid milk due to medical or other special dietary needs other than a disability, an institution or family or group day care home may substitute for the fluid milk required in meals and supplements served, a nondairy beverage that--CommentsClose CommentsPermalink





‘(i) is nutritionally equivalent to fluid milk; andCommentsClose CommentsPermalink





‘(ii) meets nutritional standards established by the Secretary, including, among other requirements established by the Secretary, fortification of calcium, protein, vitamin A, and vitamin D to levels found in cow’s milk.CommentsClose CommentsPermalink





‘(C) APPROVAL-CommentsClose CommentsPermalink





‘(i) IN GENERAL- A substitution authorized under subparagraph (B) may be made--CommentsClose CommentsPermalink





‘(I) at the discretion of and on approval by the participating day care institution; andCommentsClose CommentsPermalink





‘(II) if the substitution is requested by written statement of a medical authority, or by the parent or legal guardian of the child, that identifies the medical or other special dietary need that restricts the diet of the child.CommentsClose CommentsPermalink





‘(ii) EXCEPTION- An institution or family or group day care home shall not be required under this paragraph to provide beverages other than beverages the State has identified as acceptable substitutes.CommentsClose CommentsPermalink





‘(D) EXCESS EXPENSES BORNE BY INSTITUTION- A participating institution or family or group day care home shall be responsible for any expenses that--CommentsClose CommentsPermalink





‘(i) are incurred by the institution or family or group day care home to provide substitutions under this paragraph; andCommentsClose CommentsPermalink





‘(ii) are in excess of expenses covered under reimbursements under this Act.CommentsClose CommentsPermalink





‘(5) NONDISCRIMINATION POLICY- No physical segregation or other discrimination against any child shall be made because of the inability of the child to pay, nor shall there be any overt identification of any such child by special tokens or tickets, different meals or meal service, announced or published lists of names, or other means.CommentsClose CommentsPermalink





‘(6) USE OF ABUNDANT AND DONATED FOODS- To the maximum extent practicable, each institution shall use in its food service foods that are--CommentsClose CommentsPermalink





‘(A) designated from time to time by the Secretary as being in abundance, either nationally or in the food service area; orCommentsClose CommentsPermalink





‘(B) donated by the Secretary.’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(u) Promoting Health and Wellness in Child Care-CommentsClose CommentsPermalink





‘(1) PHYSICAL ACTIVITY AND ELECTRONIC MEDIA USE- The Secretary shall encourage participating child care centers and family or group day care homes--CommentsClose CommentsPermalink





‘(A) to provide to all children under the supervision of the participating child care centers and family or group day care homes daily opportunities for structured and unstructured age-appropriate moderate-intensity to vigorous-intensity physical activity; andCommentsClose CommentsPermalink





‘(B) to limit among children under the supervision of the participating child care centers and family or group day care homes the use of electronic media to an appropriate level.CommentsClose CommentsPermalink





‘(2) WATER CONSUMPTION- Participating child care centers and family or group day care homes shall make available to children, as nutritionally appropriate, water as an acceptable fluid for consumption throughout the day, including at meal times.CommentsClose CommentsPermalink





‘(3) TECHNICAL ASSISTANCE AND GUIDANCE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall provide technical assistance to institutions participating in the program under this section to assist participating child care centers and family or group day care homes in complying with the nutritional and wellness requirements prescribed by the Secretary in accordance with this subsection and subsection (g).CommentsClose CommentsPermalink





‘(B) GUIDANCE- Not later than January 1, 2011, the Secretary shall issue guidance to States and institutions to encourage participating child care centers and family or group day care homes serving meals and snacks under this section to--CommentsClose CommentsPermalink





‘(i) include foods that are recommended for increased serving consumption in amounts recommended by the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), including fresh, canned, frozen, or dried whole fruits and vegetables, whole grain products, lean meat products, and low-fat and non-fat dairy products; andCommentsClose CommentsPermalink





‘(ii) reduce sedentary activities and provide opportunities for regular physical activity in quantities recommended by the most recent Dietary Guidelines for Americans described in clause (i).CommentsClose CommentsPermalink





‘(C) NUTRITION- Technical assistance relating to the nutritional requirements of this subsection and subsection (g) shall include--CommentsClose CommentsPermalink





‘(i) nutrition education, including education that emphasizes the relationship between nutrition, physical activity, and health;CommentsClose CommentsPermalink





‘(ii) menu planning;CommentsClose CommentsPermalink





‘(iii) interpretation of nutrition labels; andCommentsClose CommentsPermalink





‘(iv) food preparation and purchasing guidance to produce meals and snacks that are--CommentsClose CommentsPermalink





‘(I) consistent with the goals of the most recent Dietary Guidelines; andCommentsClose CommentsPermalink





‘(II) promote the health of the population served by the program under this section, as recommended by authoritative scientific organizations.CommentsClose CommentsPermalink





‘(D) PHYSICAL ACTIVITY- Technical assistance relating to the physical activity requirements of this subsection shall include--CommentsClose CommentsPermalink





‘(i) education on the importance of regular physical activity to overall health and well being; andCommentsClose CommentsPermalink





‘(ii) sharing of best practices for physical activity plans in child care centers and homes as recommended by authoritative scientific organizations.CommentsClose CommentsPermalink





‘(E) ELECTRONIC MEDIA USE- Technical assistance relating to the electronic media use requirements of this subsection shall include--CommentsClose CommentsPermalink





‘(i) education on the health impacts of overuse of and overexposure to electronic media by children; andCommentsClose CommentsPermalink





‘(ii) sharing of best practices for the development of daily activity plans that limit use of electronic media.CommentsClose CommentsPermalink





‘(F) MINIMUM ASSISTANCE- At a minimum, the technical assistance required under this paragraph shall include a handbook, developed by the Secretary in coordination with the Secretary for Health and Human Services, that includes recommendations, guidelines, and best practices for participating institutions and family or group day care homes that are consistent with the nutrition, physical activity, and wellness requirements and recommendations of this subsection.CommentsClose CommentsPermalink





‘(G) ADDITIONAL ASSISTANCE- In addition to the requirements of this paragraph, the Secretary shall develop and provide such appropriate training and education materials, guidance, and technical assistance as the Secretary considers to be necessary to comply with the nutritional and wellness requirements of this subsection and subsection (g).CommentsClose CommentsPermalink





‘(H) FUNDING-CommentsClose CommentsPermalink





‘(i) IN GENERAL- On October 1, 2009, and on each October 1 thereafter through October 1, 2013, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to provide technical assistance under this subsection $3,000,000, to remain available until expended.CommentsClose CommentsPermalink





‘(ii) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under clause (i), without further appropriation.’.CommentsClose CommentsPermalink

SEC. 202. INTERAGENCY COORDINATION TO PROMOTE HEALTH AND WELLNESS IN CHILD CARE LICENSING.

The Secretary of Agriculture shall coordinate with the Secretary of Health and Human Services to encourage State licensing agencies to include nutrition and wellness standards within State licensing standards that ensure, to the maximum extent practicable, that licensed child care centers and family or group day care homes--CommentsClose CommentsPermalink





(1) provide to all children under the supervision of the child care centers and family or group day care homes daily opportunities for age-appropriate moderate-intensity to vigorous-intensity physical activity;CommentsClose CommentsPermalink





(2) limit among children under the supervision of the child care centers and family or group day care homes the use of electronic media and the quantity of time spent in sedentary activity to an appropriate level;CommentsClose CommentsPermalink





(3) serve meals and snacks that are consistent with the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766); andCommentsClose CommentsPermalink





(4) promote such other nutrition and wellness goals as the Secretaries determine to be necessary.CommentsClose CommentsPermalink

SEC. 203. STUDY ON NUTRITION AND WELLNESS QUALITY OF CHILD CARE SETTINGS.

(a) In General- Not less than 4 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary of Agriculture shall submit to Congress a report based on--CommentsClose CommentsPermalink





(1) a nationally representative study of child care centers and family or group day care homes that--CommentsClose CommentsPermalink





(A) is designed in consultation with the Secretary of Health and Human Services; andCommentsClose CommentsPermalink





(B) includes an assessment of--CommentsClose CommentsPermalink





(i) the nutritional quality of all foods provided to children in child care settings as compared to the recommendations in most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341);CommentsClose CommentsPermalink





(ii) the quantity and type of opportunities for physical activity provided to children in child care settings; andCommentsClose CommentsPermalink





(iii) the quantity of time spent by children in child care settings in sedentary activities; andCommentsClose CommentsPermalink





(2) an assessment of the barriers to and facilitators for--CommentsClose CommentsPermalink





(A) providing foods to children in child care settings that meet the recommendations in the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341);CommentsClose CommentsPermalink





(B) providing the appropriate quantity and type of opportunities for physical activity for children in child care settings; andCommentsClose CommentsPermalink





(C) participation by child care centers and family or group day care homes in the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766).CommentsClose CommentsPermalink





(b) Funding-CommentsClose CommentsPermalink





(1) IN GENERAL- On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section $5,000,000, to remain available until expended.CommentsClose CommentsPermalink





(2) RECEIPT AND ACCEPTANCE- The Secretary of Agriculture shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.CommentsClose CommentsPermalink

SEC. 204. WORKING GROUP TO REDUCE PAPERWORK AND IMPROVE PROGRAM ADMINISTRATION.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) PROGRAM- The term ‘program’ means the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766).CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink





(b) Establishment- The Secretary, in conjunction with States and participating institutions, shall reconvene a working group to continue to examine the feasibility of reducing unnecessary or duplicative paperwork resulting from regulations and recordkeeping requirements for State agencies, institutions, family and group day care homes, and sponsored centers participating in the program.CommentsClose CommentsPermalink





(c) Duties- At a minimum, the working group shall--CommentsClose CommentsPermalink





(1) review and evaluate the recommendations, guidance, and regulatory priorities developed and issued to comply with section 119(i) of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1766 note; Public Law 108-265); andCommentsClose CommentsPermalink





(2) examine additional paperwork and administrative requirements that have been established since February 23, 2007, that could be reduced or simplified.CommentsClose CommentsPermalink





(d) Additional Duties- In addition to, or operating concurrently with, the working group described in subsection (b), the Secretary may, if determined necessary by the Secretary and in conjunction with States and institutions participating in the program, establish 1 or more working groups to examine any aspect of administration of the program.CommentsClose CommentsPermalink





(e) Report- Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the actions that have been taken to carry out this section, including--CommentsClose CommentsPermalink





(1) actions taken to address administrative and paperwork burdens identified as a result of compliance with section 119(i) of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1766 note; Public Law 108-265);CommentsClose CommentsPermalink





(2) administrative and paperwork burdens identified as a result of compliance with section 119(i) of that Act for which no regulatory action or policy guidance has been taken;CommentsClose CommentsPermalink





(3) additional steps that the Secretary is taking or plans to take to address any administrative and paperwork burdens identified under subsection (c)(2) and paragraph (2), including--CommentsClose CommentsPermalink





(A) new or updated regulations, policy, guidance, or technical assistance; andCommentsClose CommentsPermalink





(B) a timeframe for the completion of those steps; andCommentsClose CommentsPermalink





(4) recommendations to Congress for modifications to existing statutory authorities needed to address identified administrative and paperwork burdens.CommentsClose CommentsPermalink

SEC. 205. RENEWAL OF APPLICATION MATERIALS AND PERMANENT OPERATING AGREEMENTS.

(a) Permanent Operating Agreements- Section 17(d)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(1)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(E) PERMANENT OPERATING AGREEMENTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Subject to clauses (ii) and (iii), to participate in the child and adult care food program, an institution that meets the conditions of eligibility described in this subsection shall be required to enter into a permanent agreement with the applicable State agency.CommentsClose CommentsPermalink





‘(ii) AMENDMENTS- A permanent agreement described in clause (i) may be amended as necessary to ensure that the institution is in compliance with all requirements established in this section or by the Secretary.CommentsClose CommentsPermalink





‘(iii) TERMINATION- A permanent agreement described in clause (i)--CommentsClose CommentsPermalink





‘(I) may be terminated for convenience by the institution and State agency that is a party to the permanent agreement; andCommentsClose CommentsPermalink





‘(II) shall be terminated--CommentsClose CommentsPermalink

‘(aa) for cause by the applicable State agency in accordance with paragraph (5); orCommentsClose CommentsPermalink

‘(bb) on termination of participation of the institution in the child and adult care food program.’.CommentsClose CommentsPermalink

(b) Applications- Section 17(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)) is amended by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) PROGRAM APPLICATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall develop a policy under which each institution providing child care that participates in the program under this section shall--CommentsClose CommentsPermalink





‘(i) submit to the State agency an initial application to participate in the program that meets all requirements established by the Secretary by regulation;CommentsClose CommentsPermalink





‘(ii) annually confirm to the State agency that the institution, and any facilities of the institution in which the program is operated by a sponsoring organization, is in compliance with subsection (a)(5); andCommentsClose CommentsPermalink





‘(iii) annually submit to the State agency any additional information necessary to confirm that the institution is in compliance with all other requirements to participate in the program, as established by the Secretary by regulation.CommentsClose CommentsPermalink





‘(B) REVIEWS- The Secretary shall develop a policy under which each sponsoring organization participating in the program shall conduct--CommentsClose CommentsPermalink





‘(i) periodic unannounced site visits at not less than 3-year intervals to sponsored child care centers and family or group day care homes to identify and prevent management deficiencies and fraud and abuse under the program;CommentsClose CommentsPermalink





‘(ii) at least 1 scheduled site visit at not less than 3-year intervals to sponsoring organizations and nonsponsored child care centers to identify and prevent management deficiencies and fraud and abuse under the program and to improve program operations; andCommentsClose CommentsPermalink





‘(iii) periodic site visits to private institutions that the State agency determines have a high probability of program abuse.’.CommentsClose CommentsPermalink





(c) Agreements- Section 17(j)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(j)(1)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘may’ and inserting ‘shall’;CommentsClose CommentsPermalink





(2) by striking ‘family or group day care’ the first place it appears; andCommentsClose CommentsPermalink





(3) by inserting ‘or sponsored day care centers’ before ‘participating’.CommentsClose CommentsPermalink

SEC. 206. TRANSMISSION OF INCOME INFORMATION BY SPONSORED FAMILY OR GROUP DAY CARE HOMES.

Section 17(f)(3)(A)(iii)(III) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(III)) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘(dd) TRANSMISSION OF INCOME INFORMATION BY SPONSORED FAMILY OR GROUP DAY CARE HOMES- If a family or group day care home elects to be provided reimbursement factors described in subclause (II), the family or group day care home may assist in the transmission of necessary household income information to the family or group day care home sponsoring organization in accordance with the policy described in item (ee).CommentsClose CommentsPermalink

‘(ee) POLICY- The Secretary shall develop a policy under which a sponsored family or group day care home described in item (dd) may, under terms and conditions specified by the Secretary and with the written consent of the parents or guardians of a child in a family or group day care home participating in the program, assist in the transmission of the income information of the family to the family or group day care home sponsoring organization.’.CommentsClose CommentsPermalink

SEC. 207. SIMPLIFYING AND ENHANCING ADMINISTRATIVE PAYMENTS TO SPONSORING ORGANIZATIONS.

Section 17(f)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)) is amended by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





‘(B) ADMINISTRATIVE FUNDS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In addition to reimbursement factors described in subparagraph (A), a family or group day care home sponsoring organization shall receive reimbursement for the administrative expenses of the sponsoring organization in an amount that is not less than the product obtained each month by multiplying--CommentsClose CommentsPermalink





‘(I) the number of family and group day care homes of the sponsoring organization submitting a claim for reimbursement during the month; byCommentsClose CommentsPermalink





‘(II) the appropriate administrative rate determined by the Secretary.CommentsClose CommentsPermalink





‘(ii) ANNUAL ADJUSTMENT- The administrative reimbursement levels specified in clause (i) shall be adjusted July 1 of each year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period for which such data are available.CommentsClose CommentsPermalink





‘(iii) CARRYOVER FUNDS- The Secretary shall develop procedures under which not more than 10 percent of the amount made available to sponsoring organizations under this section for administrative expenses for a fiscal year may remain available for obligation or expenditure in the succeeding fiscal year.CommentsClose CommentsPermalink





‘(iv) RETURN TO SECRETARY- Any amounts appropriated that are not obligated or expended during a fiscal year and are not carried over for the succeeding fiscal year under clause (iii) shall be returned to the Secretary.’.CommentsClose CommentsPermalink

SEC. 208. CULTIVATE FARM-TO-SCHOOL PARTNERSHIPS.

(a) Promoting Local Food- Section 9(j)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(j)(1)) is amended by inserting before the semicolon at the end, ‘, for use in programs under such Acts, including the commodity distribution program, the summer food service program for children, child and adult care food program, and nutrition promotion’.CommentsClose CommentsPermalink





(b) Grants for Farm-to-School Programs-CommentsClose CommentsPermalink





(1) IN GENERAL- The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting after section 19, the following:CommentsClose CommentsPermalink

‘SEC. 19A. GRANTS FOR FARM-TO-SCHOOL PROGRAMS.

‘(a) In General- The Secretary may provide assistance, through competitive matching grants and technical assistance, to schools and nonprofit entities for farm-to-school programs that--CommentsClose CommentsPermalink





‘(1) improve access to local foods in schools and institutions participating in programs under this Act and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) through farm-to-cafeteria activities, including school gardens, that may include the acquisition of food and appropriate equipment and the provision of training and education;CommentsClose CommentsPermalink





‘(2) are, at a minimum, designed to--CommentsClose CommentsPermalink





‘(A) procure local foods from small- and medium-sized farms for school meals; andCommentsClose CommentsPermalink





‘(B) support school garden programs;CommentsClose CommentsPermalink





‘(3) support nutrition education activities or curriculum planning that promotes healthy food education in the school curriculum and incorporates the participation of school children in farm-based agricultural education activities, that may include school gardens;CommentsClose CommentsPermalink





‘(4) develop a sustained commitment to farm-to-cafeteria projects in the community by linking schools, State departments of agriculture, agricultural producers, parents, and other community stakeholders;CommentsClose CommentsPermalink





‘(5) require $100,000 or less in Federal contributions;CommentsClose CommentsPermalink





‘(6) require a Federal share of costs not to exceed 75 percent;CommentsClose CommentsPermalink





‘(7) provide matching support in the form of cash or in-kind contributions (including facilities, equipment, or services provided by State and local governments and private sources); andCommentsClose CommentsPermalink





‘(8) cooperate in an evaluation carried out by the Secretary.CommentsClose CommentsPermalink





‘(b) Administration- In providing grants under subsection (a), the Secretary shall give priority to programs that can be replicated in schools.CommentsClose CommentsPermalink





‘(c) Program for High-Poverty Schools-CommentsClose CommentsPermalink





‘(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





‘(A) ELIGIBLE PROGRAM- The term ‘eligible program’ means--CommentsClose CommentsPermalink





‘(i) a school-based program with hands-on vegetable gardening and nutrition education that is incorporated into the curriculum for 1 or more grades at 2 or more eligible schools; orCommentsClose CommentsPermalink





‘(ii) a community-based summer program with hands-on vegetable gardening and nutrition education that is part of, or coordinated with, a summer enrichment program at 2 or more eligible schools.CommentsClose CommentsPermalink





‘(B) ELIGIBLE SCHOOL- The term ‘eligible school’ means a public school, at least 50 percent of the students of which are eligible for free or reduced price meals under this Act.CommentsClose CommentsPermalink





‘(2) ESTABLISHMENT- The Secretary shall carry out a program under which the Secretary shall provide to nonprofit organizations or public entities States grants to develop and run, through eligible programs, community gardens at eligible schools in the States that would--CommentsClose CommentsPermalink





‘(A) be planted, cared for, and harvested by students at the eligible schools; andCommentsClose CommentsPermalink





‘(B) teach the students participating in the community gardens about agriculture production practices and diet.CommentsClose CommentsPermalink





‘(3) PRIORITY STATES- Of the States in which grantees under this subsection are located--CommentsClose CommentsPermalink





‘(A) at least 1 State shall be among the 15 largest States, as determined by the Secretary;CommentsClose CommentsPermalink





‘(B) at least 1 State shall be among the 16th to 30th largest States, as determined by the Secretary; andCommentsClose CommentsPermalink





‘(C) at least 1 State shall be a State that is not described in subparagraph (A) or (B).CommentsClose CommentsPermalink





‘(4) USE OF PRODUCE- Produce from a community garden provided a grant under this subsection may be--CommentsClose CommentsPermalink





‘(A) used to supplement food provided at the eligible school;CommentsClose CommentsPermalink





‘(B) distributed to students to bring home to the families of the students; orCommentsClose CommentsPermalink





‘(C) donated to a local food bank or senior center nutrition program.CommentsClose CommentsPermalink





‘(5) NO COST-SHARING REQUIREMENT- A nonprofit organization or public entity that receives a grant under this subsection shall not be required to share the cost of carrying out the activities assisted under this paragraph.CommentsClose CommentsPermalink





‘(6) EVALUATION- A nonprofit organization or public entity that receives a grant under this subsection shall be required to cooperate in an evaluation in accordance with subsection (a)(8).CommentsClose CommentsPermalink





‘(d) Guidance for States- Not later than 1 year after the date of the enactment of this section, the Secretary shall research, evaluate, and make available to States--CommentsClose CommentsPermalink





‘(1) best practices for innovative and effective, as determined by the Secretary, farm-to-school programs described in subsection (a);CommentsClose CommentsPermalink





‘(2) an identification of the common challenges faced by schools, institutions, and local educational agencies in carrying out such farm-to-school programs; andCommentsClose CommentsPermalink





‘(3) a description of schools, institutions, and local educational agencies that are carrying out successful farm-to-school programs.CommentsClose CommentsPermalink





‘(e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2011 through 2016.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)) is repealed.CommentsClose CommentsPermalink

TITLE III--IMPROVING ACCESS TO AND OPPORTUNITY FOR PHYSICAL ACTIVITY FOR ADULTS AND CHILDRENCommentsClose CommentsPermalink

Subtitle A--National Program Promoting Lifelong Active Youth (PLAY) and Implementation GrantsCommentsClose CommentsPermalink

SEC. 301. PLAY ASSESSMENT TOOLS.

(a) In General- The Secretary of Health and Human Services (hereafter in this section referred to as the Secretary), acting through the Director of the Centers for Disease Control and Prevention, shall develop a list of well-validated assessment tools, which can measure the policy, program, or environmental barriers in communities to participating in physical activity. Tools on the Secretary’s recommended list shall include--CommentsClose CommentsPermalink





(1) cross-cutting measurements that--CommentsClose CommentsPermalink





(A) examine barriers to physical activities across multiple settings, including homes, after-school and child care sites, schools, the community-at-large, and worksites; andCommentsClose CommentsPermalink





(B) focus on the--CommentsClose CommentsPermalink





(i) availability of adequate spaces and places for physical activity;CommentsClose CommentsPermalink





(ii) availability of, and access to, high-quality physical activity and physical education programs; andCommentsClose CommentsPermalink





(iii) the availability of programs, activities, and leaders to educate about the importance of physical activity for the community; andCommentsClose CommentsPermalink





(2) additional measurements to assist economically and culturally diverse communities in examining the social determinants of health.CommentsClose CommentsPermalink





(b) Guidance and Training- The Secretary shall provide guidelines and recommendations to develop training on utilizing such tools.CommentsClose CommentsPermalink

SEC. 302. MODEL COMMUNITIES OF PLAY IMPLEMENTATION GRANTS.

(a) Program Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Health and Human Services (hereafter in this section referred to as the ‘Secretary’), acting through the Director of the Centers for Disease Control and Prevention, shall award grants to State health departments to enable the State health departments to work in partnership with eligible community-based coalitions to plan and implement model communities of play that increase--CommentsClose CommentsPermalink





(A) the physical spaces and places available for physical activity;CommentsClose CommentsPermalink





(B) the opportunities for children and families to participate in high-quality play, and the number of children and families participating in high-quality play;CommentsClose CommentsPermalink





(C) knowledge and awareness about the importance of individuals achieving 60 minutes of recommended physical activity every day; andCommentsClose CommentsPermalink





(D) school siting practices in which elementary and secondary schools are located within neighborhoods to increase the likelihood of students walking and biking to school.CommentsClose CommentsPermalink





(2) AMOUNT OF GRANTS- A grant awarded to a State health department under this subsection shall be in the amount of $250,000 to $1,000,000.CommentsClose CommentsPermalink





(b) Application- A State health department desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink





(c) Coordination- In awarding grants under subsection (a), the Secretary shall ensure that the proposed programs assisted under each grant are coordinated in substance and format with programs currently funded through other Federal departments and agencies, including--CommentsClose CommentsPermalink





(1) State-based nutrition and physical activity programs, comprehensive school health education programs, and community-based health and wellness programs of the Centers for Disease Control and Prevention;CommentsClose CommentsPermalink





(2) the physical education programs under subpart 10 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.);CommentsClose CommentsPermalink





(3) the safe routes to schools program under section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. 402 note); andCommentsClose CommentsPermalink





(4) other health and wellness programs operating within the community.CommentsClose CommentsPermalink





(d) Partnership With Community Coalitions- A State health department receiving a grant under subsection (a) shall use the majority of grant funds to carry out the activities described in subsection (e) in partnership with 1 or more community coalitions that meet all of the following requirements:CommentsClose CommentsPermalink





(1) The community coalition is comprised of a representative sampling of community partners, including not less than half of the following types of individuals and entities:CommentsClose CommentsPermalink





(A) A community-based organization that focuses on children and youth, preventive health, physical activity, or physical education.CommentsClose CommentsPermalink





(B) A local parks and recreation department.CommentsClose CommentsPermalink





(C) A local health department.CommentsClose CommentsPermalink





(D) A local educational agency, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).CommentsClose CommentsPermalink





(E) A local city planning agency.CommentsClose CommentsPermalink





(F) A local health care provider.CommentsClose CommentsPermalink





(G) An institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).CommentsClose CommentsPermalink





(H) A tribal health facility, where applicable.CommentsClose CommentsPermalink





(I) A tribal educational agency, where applicable.CommentsClose CommentsPermalink





(J) A federally qualified health center or rural health clinic (as such terms are defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)), where applicable.CommentsClose CommentsPermalink





(K) A hospital.CommentsClose CommentsPermalink





(L) A faith-based organization.CommentsClose CommentsPermalink





(M) A policymaker or elected official.CommentsClose CommentsPermalink





(N) A community planning organization.CommentsClose CommentsPermalink





(O) A business.CommentsClose CommentsPermalink





(2) The community coalition completed and submitted to the State health department--CommentsClose CommentsPermalink





(A) an assessment tool identified by the Secretary under section 301 for the community that identifies the gaps and barriers to physical activity in the community to children and youth; andCommentsClose CommentsPermalink





(B) a community action plan describing the programs, policies, and environmental change strategies that will be implemented with grant funds to help children and youth in the community reach the recommended 60 minutes of physical activity every day.CommentsClose CommentsPermalink





(3) The community coalition provided--CommentsClose CommentsPermalink





(A) documentation to the State health department on the manner in which the coalition will coordinate with appropriate State and local authorities, including--CommentsClose CommentsPermalink





(i) State or local health departments;CommentsClose CommentsPermalink





(ii) State educational agencies or local educational agencies, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801);CommentsClose CommentsPermalink





(iii) State or local parks and recreation departments or associations;CommentsClose CommentsPermalink





(iv) State or local departments of transportation or city planning;CommentsClose CommentsPermalink





(v) community foundations; andCommentsClose CommentsPermalink





(vi) any other entities determined to be appropriate by the Secretary; andCommentsClose CommentsPermalink





(B) a description of the manner in which the coalition will evaluate the effectiveness of the programs carried out with grant funds.CommentsClose CommentsPermalink





(e) Authorized Activities- A State health department that receives a grant under subsection (a) shall use the majority of funds available through the grant to carry out the following activities:CommentsClose CommentsPermalink





(1) Train community-based coalitions on how to utilize assessment tools to measure the program, policy, and environmental barriers to promoting lifelong physical activity for youth.CommentsClose CommentsPermalink





(2) Work in partnership with one or more community coalitions described in subsection (d) to enable the coalitions to carry out the coalition’s community action plan and promote a model community of play, which may include the following:CommentsClose CommentsPermalink





(A) Enabling the maximum use of, or the creation of spaces and places for, physical activity for children, families, and communities before, during, and after school or work, which may include increasing the number of--CommentsClose CommentsPermalink





(i) programs that increase the number of safe streets and sidewalks in the community to walk and bike to school, work, or other community destinations, such as recreation sites, parks, or community centers;CommentsClose CommentsPermalink





(ii) schools, faith-based organizations, and recreational facilities serving the community that provide programming on physical activity and physical education before, during, or after school;CommentsClose CommentsPermalink





(iii) schools serving the community that provide recess, physical education, and physical activity for children and youth;CommentsClose CommentsPermalink





(iv) day care, child care, and after-school care sites in the community that provide physical activity for children and youth;CommentsClose CommentsPermalink





(v) venues in the community that provide co-curricular physical activity programs, including sports fields and courts, especially venues for all-inclusive intramural programs and physical activity clubs;CommentsClose CommentsPermalink





(vi) playgrounds and activity sites in the community for young children, including sites that offer programs that provide physical activity instruction that meets the various needs and interests of all students, including those with illness, injury, and physical and developmental disabilities, as well as those who live sedentary lifestyles or have a disinterest in traditional team sports;CommentsClose CommentsPermalink





(vii) capital improvement projects that increase opportunities for physical activity in the community; andCommentsClose CommentsPermalink





(viii) networks of walking and cycling trails where trails do not exist in the community, that offer both a functional alternative to automobile travel and an opportunity for exercise, recreation, and community connectedness.CommentsClose CommentsPermalink





(B) Enhancing opportunities and access for children and youth in the community to participate in high-quality physical activity and physical education programs before, during, and after school, which may include increasing the number of--CommentsClose CommentsPermalink





(i) school and after-school care sites in the community that implement proven health curricula, physical education (including developing innovative approaches to teaching and staffing physical education), and physical activity programming;CommentsClose CommentsPermalink





(ii) children and youth in the community who are able to participate in physical education or activity before, during, or after school, by ensuring that adequate equipment is available to such children and youth;CommentsClose CommentsPermalink





(iii) scholarships to low-income children and youth for physical activity programs;CommentsClose CommentsPermalink





(iv) education and training programs for education, recreation, leisure, child care, and coaching professionals regarding high-quality physical education and physical activity programs and policies;CommentsClose CommentsPermalink





(v) training programs to assist physicians in--CommentsClose CommentsPermalink





(I) carefully communicating the results of body mass index (BMI) tests to parents and, in an age-appropriate manner, to the children and youth themselves;CommentsClose CommentsPermalink





(II) providing information to families so they may make informed decisions about physical activity and nutrition; andCommentsClose CommentsPermalink





(III) explaining the benefits associated with physical activity and the risks associated with childhood overweight and obesity;CommentsClose CommentsPermalink





(vi) assessment tools used to measure the quality of physical activity, sports, and intramural sports programs;CommentsClose CommentsPermalink





(vii) guidelines and informational materials used by teachers, parents, caregivers, and health-care professionals who are interested in promoting physical activity for infants, toddlers, and preschoolers; andCommentsClose CommentsPermalink





(viii) guidelines and informational materials used to promote--CommentsClose CommentsPermalink





(I) physical activity with the intent of improving the current health, fitness, and wellness of preadolescent children (ages 6 through 12); andCommentsClose CommentsPermalink





(II) lifelong physical activity.CommentsClose CommentsPermalink





(C) Identifying, engaging, and mobilizing community leaders, decisionmakers, experts, and the media to raise awareness and educate the public about the importance of securing 60 minutes of physical activity every day, which may include increasing the number of--CommentsClose CommentsPermalink





(i) school and after-school care faculty and staff, including coaches, who serve as positive role models for students regarding regular physical activity;CommentsClose CommentsPermalink





(ii) businesses that serve as role models by providing physical space and incentives for employees to participate in physical activity;CommentsClose CommentsPermalink





(iii) businesses that serve as role models to communities by--CommentsClose CommentsPermalink





(I) providing support to intramural teams, clubs, sports leagues, playgrounds, trails, biking and walking paths, and fields and venues for sports, play, and physical activity;CommentsClose CommentsPermalink





(II) incorporating built environment strategies into new construction of facilities;CommentsClose CommentsPermalink





(III) adopting safe routes to school programs;CommentsClose CommentsPermalink





(IV) providing bike racks at the office; andCommentsClose CommentsPermalink





(V) encouraging the use of the stairs;CommentsClose CommentsPermalink





(iv) insurers that cover obesity screening and prevention services in routine clinical practice;CommentsClose CommentsPermalink





(v) groups representing low-income individuals or individuals with disabilities, that can promote and secure safer and more accessible sites for activity;CommentsClose CommentsPermalink





(vi) consumer research-driven marketing strategies for ongoing initiatives and interventions that enhance physical activity for children and youth;CommentsClose CommentsPermalink





(vii) products and opportunities provided or offered by leisure, entertainment, and recreation industries that promote regular physical activity and reduce sedentary behaviors;CommentsClose CommentsPermalink





(viii) media advocacy training programs for public health and exercise scientists so as to empower the scientists to disseminate their knowledge to a broad audience; andCommentsClose CommentsPermalink





(ix) campaigns to foster awareness about the health benefits of regular physical activity of not less than 60 minutes a day for all children and youth.CommentsClose CommentsPermalink





(3) Support the evaluation of community action plans of community coalitions described in subsection (d) and activities carried out pursuant to this Act.CommentsClose CommentsPermalink





(f) Definition- In this section, the term ‘State’ includes the District of Columbia and any commonwealth, territory, or possession of the United States.CommentsClose CommentsPermalink





(g) Authorization of Appropriations- To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2011 through 2016.CommentsClose CommentsPermalink

Subtitle B--Moving Outdoors in NatureCommentsClose CommentsPermalink

SEC. 311. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) The term ‘eligible entity’ means--CommentsClose CommentsPermalink





(A) a State, city, county, municipality, entity of local government, park and recreation department or district, school district, institution of higher education, or nonprofit organization; orCommentsClose CommentsPermalink





(B) a consortium of entities specified in subparagraph (A).CommentsClose CommentsPermalink





(2) The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(3) The term ‘State’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any Indian tribe.CommentsClose CommentsPermalink

SEC. 312. GRANTS FOR DEVELOPMENT OR IMPLEMENTATION OF MOVING OUTDOORS IN NATURE STRATEGIES.

(a) In General- The Secretary may award competitive grants or cooperative agreements to States, or other eligible entities in lieu of a State, to develop and implement a 5-year strategy, to be known as a Moving Outdoors in Nature State Strategy, for connecting children and families with the outdoors.CommentsClose CommentsPermalink





(b) Submission and Approval of Strategies-CommentsClose CommentsPermalink





(1) APPLICATIONS- An application for a grant under subsection (a) shall--CommentsClose CommentsPermalink





(A) be submitted not later than 120 days after the Secretary publishes guidelines under subsection (g)(1); andCommentsClose CommentsPermalink





(B) include a Moving Outdoors in Nature State Strategy meeting the requirements of subsection (c) or a proposal for development and submission of such a strategy.CommentsClose CommentsPermalink





(2) APPROVAL OF STRATEGY; PEER REVIEW- Not later than 90 days after submission of a Moving Outdoors in Nature State Strategy, the Secretary shall approve or recommend changes to the strategy. The Secretary shall carry out the preceding sentence through a peer review process that includes participation from Federal, State, and local government and nongovernmental organizations.CommentsClose CommentsPermalink





(3) STRATEGY UPDATE- An eligible entity receiving funds under this subtitle shall update its Moving Outdoors in Nature State Strategy not less than every 5 years to reflect any changes and modifications.CommentsClose CommentsPermalink





(c) Comprehensive Strategy Requirements- The Secretary may approve a Moving Outdoors in Nature State Strategy under subsection (b)(2) only if the strategy includes the following:CommentsClose CommentsPermalink





(1) A description of how the eligible entity will connect children, youth, and families to the great outdoors through State and local--CommentsClose CommentsPermalink





(A) public health systems;CommentsClose CommentsPermalink





(B) public parks and recreation systems;CommentsClose CommentsPermalink





(C) public transportation and city planning systems; andCommentsClose CommentsPermalink





(D) other public systems that connect children, youth, and families to the great outdoors.CommentsClose CommentsPermalink





(2) A description of how the eligible entity will connect existing governmental systems to networks of nongovernmental partner organizations serving children, youth, and families.CommentsClose CommentsPermalink





(3) A description of how State agencies, such as State departments of health, natural resources, environmental quality, fish and wildlife, national guard, and transportation, will collaborate with each other and with nongovernmental organizations and local agencies to implement the strategy.CommentsClose CommentsPermalink





(4) A description of how funding will be spent through local planning and implementation grants under subsection (d).CommentsClose CommentsPermalink





(5) A description of how the eligible entity will evaluate the effectiveness of, and measure the impact of, the strategy.CommentsClose CommentsPermalink





(6) A description of how the eligible entity will provide opportunities for public involvement in developing and implementing the strategy through a public comment period, public hearings, or other means.CommentsClose CommentsPermalink





(d) Local Planning and Implementation-CommentsClose CommentsPermalink





(1) IN GENERAL- A Moving Outdoors in Nature State Strategy shall provide for--CommentsClose CommentsPermalink





(A) local planning; andCommentsClose CommentsPermalink





(B) subgrants by the eligible entity receiving a grant under subsection (a) to local eligible entities to implement the strategy through one or more of the activities described in paragraph (2).CommentsClose CommentsPermalink





(2) PROGRAM ACTIVITIES- The activities described in this paragraph are the following:CommentsClose CommentsPermalink





(A) Outdoor recreation programs and activities that engage children, youth, and families in healthy, active time outdoors through camping, hiking, hunting, fishing, archery, recreational shooting, wildlife watching, and other recreational activities that teach skills for lifelong participation in outdoor activities.CommentsClose CommentsPermalink





(B) Public health initiatives to educate parents and caregivers about the health benefits of active time outdoors to fight obesity and increase the quality of life for children, youth, and families.CommentsClose CommentsPermalink





(C) Creation of natural play areas within communities, as defined by nationally recognized guidelines, to provide opportunities for safe outdoor play in natural environments at daycare and afterschool child care sites, schools, parks, recreation centers, camps, libraries, military installations, and other areas.CommentsClose CommentsPermalink





(D) Development of trails and greenways to safely connect parks and outdoor recreation areas with military installations, daycare and afterschool child care sites, schools, and communities through trail systems that encourage walking, biking, and increased time outdoors by children, youth, and families.CommentsClose CommentsPermalink





(E) Creation of outdoor learning environments such as schoolyard, community, or backyard wildlife habitats or gardens.CommentsClose CommentsPermalink





(F) Environmental, sustainability, and conservation education and interpretation programs and activities that engage children, youth, and families in learning and physical activity in the outdoors.CommentsClose CommentsPermalink





(G) Service learning and volunteer opportunities to help restore natural areas, maintain recreational assets, and engage children, youth, and families in the outdoors.CommentsClose CommentsPermalink





(H) Promotional activities that promote the benefits of time spent outdoors and invite children, youth, and families to enjoy the great outdoors by visiting nearby public and private lands.CommentsClose CommentsPermalink





(I) Initiatives that engage health professionals, pediatricians, educators, daycare instructors, afterschool program providers, camp directors, community planners, local planning commissions, homeowners’ associations, environmental professionals, military, law enforcement, and business leaders in identifying innovative solutions to connecting children, youth, and families with nature.CommentsClose CommentsPermalink





(e) Priority- In making grants under subsection (a) and subgrants under subsection (d)(1)(B), the Secretary and the recipient of a grant under subsection (a) shall give preference to eligible entities that serve individuals who have limited opportunities to experience nature, including those who are socioeconomically disadvantaged or have a disability.CommentsClose CommentsPermalink





(f) Administrative Expenses- An eligible entity receiving a grant under subsection (a) may not use more than 5 percent of the grant funds for administrative expenses.CommentsClose CommentsPermalink





(g) Guidelines- Not later than 180 days after the enactment of this Act, and after notice and opportunity for public comment, the Secretary shall publish in the Federal Register guidelines on the implementation of this subtitle, including guidelines for--CommentsClose CommentsPermalink





(1) developing and submitting strategies under subsection (b); andCommentsClose CommentsPermalink





(2) technical assistance and dissemination of best practices under section 314.CommentsClose CommentsPermalink





(h) Reporting- Not later than 2 years after the Secretary approves the Moving Outdoors in Nature State Strategy of an eligible entity receiving funds under this subtitle, and every year thereafter, the entity shall submit to the Secretary a report on the implementation of the strategy based on the entity’s evaluation and assessment of meeting the goals specified in the strategy.CommentsClose CommentsPermalink

SEC. 313. NATIONAL EVALUATION OF HEALTH IMPACTS.

The Secretary shall enter into an agreement with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention for--CommentsClose CommentsPermalink





(1) the development of recommendations for appropriate evaluation measures and criteria for developing a study of national significance on the health impacts of the programs under this subtitle; andCommentsClose CommentsPermalink





(2) the administration of such a study.CommentsClose CommentsPermalink

SEC. 314. TECHNICAL ASSISTANCE AND BEST PRACTICES.

The Secretary shall--CommentsClose CommentsPermalink





(1) provide technical assistance to grantees under section 312, including training and technical assistance through national organizations with a proven track record of connecting children to the great outdoors; andCommentsClose CommentsPermalink





(2) disseminate best practices that emerge from strategies funded under this subtitle.CommentsClose CommentsPermalink

SEC. 315. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There are authorized to be appropriated to the Secretary to carry out this subtitle--CommentsClose CommentsPermalink





(1) $15,000,000 for fiscal year 2011;CommentsClose CommentsPermalink





(2) $50,000,000 for fiscal year 2012;CommentsClose CommentsPermalink





(3) $100,000,000 for fiscal year 2013; andCommentsClose CommentsPermalink





(4) such sums as may be necessary for subsequent fiscal years.CommentsClose CommentsPermalink





(b) Limitation- Of the amounts made available to carry out this subtitle for a fiscal year, not more than 5 percent may be made available for carrying out section 314.CommentsClose CommentsPermalink

Subtitle C--Other ProvisionsCommentsClose CommentsPermalink

SEC. 321. AUTHORIZATION OF APPROPRIATIONS FOR CAROL M. WHITE PHYSICAL EDUCATION PROGRAM.

Subpart 10 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.

‘There are authorized to be appropriated to carry out this subpart--CommentsClose CommentsPermalink





‘(1) $100,000,000 for fiscal year 2011;CommentsClose CommentsPermalink





‘(2) $110,000,000 for fiscal year 2012;CommentsClose CommentsPermalink





‘(3) $120,000,000 for fiscal year 2013;CommentsClose CommentsPermalink





‘(4) $130,000,000 for fiscal year 2014;CommentsClose CommentsPermalink





‘(5) $140,000,000 for fiscal year 2015; andCommentsClose CommentsPermalink





‘(6) $150,000,000 for fiscal year 2016.’.CommentsClose CommentsPermalink

SEC. 322. PHYSICAL EDUCATION GUIDELINES FOR ELEMENTARY AND SECONDARY SCHOOLS.

The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention--CommentsClose CommentsPermalink





(1) not later than 1 year after the date of the enactment of this Act, shall issue and make available to the public guidelines for physical education in elementary and secondary schools; andCommentsClose CommentsPermalink





(2) not less than every 5 years thereafter, update such guidelines as appropriate.CommentsClose CommentsPermalink

SEC. 323. TREATING PHYSICAL EDUCATION AS A CORE ACADEMIC SUBJECT FOR ELEMENTARY AND SECONDARY EDUCATION GRANTS.

Section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11)) is amended by inserting ‘physical education,’ after ‘arts,’.CommentsClose CommentsPermalink

SEC. 324. PHYSICAL ACTIVITY GUIDELINES FOR PRESCHOOL CHILDREN.

Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, shall--CommentsClose CommentsPermalink





(1) issue physical activity guidelines for preschool children,CommentsClose CommentsPermalink





(2) make such guidelines available to the public, andCommentsClose CommentsPermalink





(3) make a recommendation to each Head Start agency that such agency implement such guidelines as appropriate in the Head Start program carried out by such agency.CommentsClose CommentsPermalink

SEC. 325. TRACKING PHYSICAL ACTIVITY IN SCHOOLS.

(a) Report Cards- Section 1111(h) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(C)--CommentsClose CommentsPermalink





(A) in clause (vii), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in clause (viii), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(ix) the amount of time students spend in required physical education as measured against the national standards of 150 minutes per week of required physical education for students in elementary school and 225 minutes per week of required physical education for students in middle school and secondary school;CommentsClose CommentsPermalink





‘(x) the percentage of local educational agencies in the State that have a required, age-appropriate physical education curriculum for all students in elementary schools, middle schools, and secondary schools that adheres to national guidelines adopted by the Centers for Disease Control and Prevention and State standards;CommentsClose CommentsPermalink





‘(xi) the percentage of elementary school and secondary school physical education teachers who are State licensed or certified as physical education teachers; andCommentsClose CommentsPermalink





‘(xii) the percentage of schools that have a School Health Council that includes parents, students, representatives of the school food authority, representatives of the school board, school administrators and members of the public and that meets monthly to promote a healthy school environment.’;CommentsClose CommentsPermalink





(2) in paragraph (2)(B)(i)--CommentsClose CommentsPermalink





(A) in subclause (I), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in subclause (II), by striking ‘and’ after the semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(III) the percentage of elementary school and secondary school physical education teachers who are State certified as physical education teachers; andCommentsClose CommentsPermalink





‘(IV) the amount of square feet of indoor and outdoor facilities that are primarily used for physical education and the amount of square feet of indoor and outdoor facilities that are primarily used for physical activity; and’; andCommentsClose CommentsPermalink





(3) in paragraph (2)(B)(ii)--CommentsClose CommentsPermalink





(A) in subclause (I), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in subclause (II), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(III) the percentage of elementary school and secondary school physical education teachers who are State certified as physical education teachers; andCommentsClose CommentsPermalink





‘(IV) the number of meetings of a School Health Council that includes parents, students, representatives of the school food authority, representatives of the school board, school administrators and members of the public during the school year.’.CommentsClose CommentsPermalink





(b) Promoting Physical Education and Activity in School Programs-CommentsClose CommentsPermalink





(1) ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS- Section 5421 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7245) is amended--CommentsClose CommentsPermalink





(A) in subsection (b)(2)(H), by inserting ‘, which design and implementation shall take into consideration the overall emotional and physical well-being of students’ after ‘the program’; andCommentsClose CommentsPermalink





(B) in subsection (c)(2)(E), by inserting ‘health, the importance of regular physical activity,’ after ‘relationships,’.CommentsClose CommentsPermalink





(2) SMALLER LEARNING COMMUNITIES- Section 5441(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7249(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(14) How the local educational agency will ensure that smaller learning communities support healthy lifestyles including participation in physical education and physical activity by all students and access to nutritious food and nutrition education.’.CommentsClose CommentsPermalink





(3) 21st CENTURY COMMUNITY LEARNING CENTERS-CommentsClose CommentsPermalink





(A) PURPOSE; DEFINITIONS- Section 4201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171) is amended--CommentsClose CommentsPermalink





(i) in subsection (a)(2), by inserting ‘nutrition education programs, structured physical activity programs,’ after ‘recreation programs,’; andCommentsClose CommentsPermalink





(ii) in subsection (b)(1)(A), by inserting ‘nutrition education, structured physical activity,’ after ‘recreation,’.CommentsClose CommentsPermalink





(B) LOCAL COMPETITIVE GRANT PROGRAM- Section 4204(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7174(b)(2))--CommentsClose CommentsPermalink





(i) in subparagraph (M), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(ii) by redesignating subparagraph (N) as subparagraph (O); andCommentsClose CommentsPermalink





(iii) by inserting after subparagraph (M) the following:CommentsClose CommentsPermalink





‘(N) an assurance that the proposed program is coordinated with the physical education and health education programs offered during the school day; and’.CommentsClose CommentsPermalink





(C) LOCAL ACTIVITIES- Section 4205(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7175(a))--CommentsClose CommentsPermalink





(i) in paragraph (11), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(ii) in paragraph (12), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(13) programs that support a healthy, active lifestyle, including nutritional education and regular, structured physical activity programs.’.CommentsClose CommentsPermalink





(4) PARENTAL INVOLVEMENT- Section 1118 of the Elementary and Secondary Education Act of 1965 is amended--CommentsClose CommentsPermalink





(A) in subsection (a)(2)--CommentsClose CommentsPermalink





(i) in subparagraph (E), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(ii) by redesignating subparagraph (F) as subparagraph (G); andCommentsClose CommentsPermalink





(iii) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





‘(F) involve and train parents in encouraging and supporting a healthy and active lifestyle, including increased physical activity during and outside the school day, and nutritional eating habits in the home and at school; and’;CommentsClose CommentsPermalink





(B) in subsection (d)--CommentsClose CommentsPermalink





(i) in the subsection heading, by inserting after ‘Achievement’ the following: ‘by Healthy, Active Students’;CommentsClose CommentsPermalink





(ii) in the matter preceding paragraph (1), by striking ‘standards.’ and inserting ‘standards and to ensure that the children lead healthy, active lives.’; andCommentsClose CommentsPermalink





(iii) in paragraph (1)--CommentsClose CommentsPermalink





(I) by inserting after ‘supportive’ the following: ‘, healthy,’;CommentsClose CommentsPermalink





(II) by striking ‘; and participating’ and inserting ‘; participating’; andCommentsClose CommentsPermalink





(III) by inserting after ‘extracurricular time’ the following: ‘and supporting their children in leading a healthy and active life, such as by providing healthy meals and snacks, encouraging participation in physical education, and sharing in physical activity outside the school day’; andCommentsClose CommentsPermalink





(C) in subsection (e)--CommentsClose CommentsPermalink





(i) by redesignating paragraphs (6) through (14) as paragraphs (7) through (15), respectively; andCommentsClose CommentsPermalink





(ii) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink





‘(6)(A) shall ensure that parents and teachers have information about the importance of a healthy lifestyle, including nutritional eating habits, physical education, and physical activity, to an effective learning environment; andCommentsClose CommentsPermalink





‘(B) shall coordinate activities with parents and teachers to ensure that children are provided with nutritious meals and snacks, and have ample opportunities for physical education and physical activity during and outside the school day;’.CommentsClose CommentsPermalink





(c) Professional Development for Teachers and Principals-CommentsClose CommentsPermalink





(1) STATE APPLICATIONS- Section 2112(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6612(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(13) A description of how the State educational agency will use funds under this part to provide professional development that is directly related to the fields of physical education and health education to physical education teachers and health education teachers to ensure that children are leading healthy, active lifestyles that are conducive to effective learning.’.CommentsClose CommentsPermalink





(2) STATE USE OF FUNDS- Section 2113(c)(6) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(c)(6)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘, in cases in which a State educational agency determines support to be appropriate,’; andCommentsClose CommentsPermalink





(B) by inserting ‘, physical education teachers, and health education teachers’ after ‘pupil services personnel’.CommentsClose CommentsPermalink





(3) LOCAL APPLICATIONS AND NEEDS ASSESSMENT- Section 2122(b)(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6622(b)(9)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (C), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in subparagraph (D), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(E) improve the health and eating habits of students and increase rates of physical activity of students.’.CommentsClose CommentsPermalink





(4) LOCAL USE OF FUNDS- Section 2123(a)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6623(a)(3)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) in clause (i), by striking ‘and’ after the semicolon; andCommentsClose CommentsPermalink





(ii) by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) effective strategies for improving the healthy habits of students and the rates of physical activity by students that result in the ability to learn more effectively; and’; andCommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) in clause (iv), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(ii) in clause (v), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(vi) provide training, with curricula that is evidence-based, in how to teach physical education and health education that results in the ability of students to learn more effectively.’.CommentsClose CommentsPermalink





(d) National Research Council Study- Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall enter into a contract with the National Research Council of the National Academy of Sciences to--CommentsClose CommentsPermalink





(1) examine and make recommendations regarding--CommentsClose CommentsPermalink





(A) various means that may be employed to incorporate physical activity into Head Start and child care settings, elementary, middle, and high school settings, and before- and after-school programs; andCommentsClose CommentsPermalink





(B) innovative and effective ways to increase physical activity for all students;CommentsClose CommentsPermalink





(2) study the impact of health, level of physical activity, and amount of physical education on students’ ability to learn and maximize performance in school; andCommentsClose CommentsPermalink





(3) study and provide specific recommendations for--CommentsClose CommentsPermalink





(A) effectively measuring the progress of students, at the school level, in improving their health and well-being, including improving their--CommentsClose CommentsPermalink





(i) knowledge, awareness, and behavior changes, related to nutrition and physical activity;CommentsClose CommentsPermalink





(ii) cognitive development, and fitness improvement, in physical education;CommentsClose CommentsPermalink





(iii) knowledge of lifetime physical activity and health promotion;CommentsClose CommentsPermalink





(iv) decrease in obesity; andCommentsClose CommentsPermalink





(v) levels on overall health indicators; andCommentsClose CommentsPermalink





(B) effectively measuring the progress of students, at the school level, in increasing physical activity.CommentsClose CommentsPermalink