Back to School: Improving Standards for Nutrition and Physical Education in Schools Act of 2007 - Directs the Secretary of Agriculture to revise the standards that set a minimal nutritional value for competitive foods and beverages (sold outside of the federally-funded school lunch and breakfast programs) so that they are consistent with those described in a report of the Institute of Medicine (Institute) of the National Academy of Sciences (NAS), dated April 25, 2007.
Applies such standards to all competitive foods and beverages sold on school campuses during the school day.Requires the Secretary of Health and Human Services (Secretary) to arrange for the Institute to develop recommendations, every five years, for updating such standards so they reflect the current Dietary Guidelines for Americans and scientific knowledge. Requires the Secretary of Agriculture, after receiving the Institute's recommendations, to revise such standards.
Directs the Secretary to establish the Nutrition Standards in Schools Task Force to assist in establishing a user friendly system for identifying foods and beverages that meet nutrition standards.
Directs the Secretary of Agriculture to award grants to states, high-need local educational agencies (LEAs), and Indian tribes to provide food service and school personnel with the training needed to implement nutrition standards.
Requires federally-funded LEAs to implement policies requiring student participation in physical education programs that meet standards for physical activity issued by the Secretary, based on recommendations from the National Association for Sport and Physical Education.
Directs the Secretary to award competitive grants to states, high-need LEAs, and Indian tribes to provide teachers with the training and support needed to implement such physical education programs.
Requires the Carol M. White Physical Education program to meet the Secretary's standards for physical activity.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2066 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 2066
To establish nutrition and physical education standards for schools.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2007
Mr. Obama introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To establish nutrition and physical education standards for schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Back to School: Improving Standards
for Nutrition and Physical Education in Schools Act of 2007''.
SEC. 2. FINDINGS.
(1) National data show that 1 out of every 3 children and
youth, or about 25,000,000 children and youth, in the United
States are overweight or obese. There is clear evidence that
this epidemic of excess weight and obesity is due to excessive
dietary intake and sedentary activity.
(2) The foods served in the school lunch program
established under the Richard B. Russell National School Lunch
Act and the school breakfast program established by section 4
of the Child Nutrition Act of 1966 are required to meet Federal
nutrition guidelines and comply with the Dietary Guidelines for
Americans. Competitive foods and beverages, purchased by
children and youth outside of the federally reimbursed school
lunch and breakfast programs, are only required to meet limited
nutrition standards pertaining to ``foods of minimal
nutritional value''.
(3) The Secretary of Agriculture defined the term ``foods
of minimal nutritional value'' for competitive foods and
beverages in 1979. This definition is not consistent with
current scientific evidence regarding nutrition.
(4) In response to a request by Congress, the Institute of
Medicine of the National Academy of Sciences developed science-
based nutrition standards for competitive foods and beverages
offered during the school day, based on the Dietary Guidelines
for Americans.
(5) Because all foods and beverages available on a school
campus provide significant calories, they should be required to
meet those science-based nutrition standards.
(6) Currently, government, scientific, and public health
agencies recommend guidelines suggesting that school-age
children and youth engage in at least 60 minutes of moderate to
vigorous physical activity, that is developmentally appropriate
and that involves a variety of activities, on most of the 7
days of the week. However, more than \1/3\ of children and
youth do not meet the recommended guidelines for physical
activity. The percentages of children that meet the recommended
guidelines are 5 to 10 percentage points lower among ethnic
minorities than among whites.
(7) The Centers for Disease Control and Prevention reported
that only 8 percent of elementary schools, 6.4 percent of
middle and junior high schools, and 5.8 percent of senior high
schools offered daily physical education during the school
year. Daily student participation in high school physical
education classes dropped from 42 percent in 1991 to 28 percent
in 2003.
(8)(A) Key methods of improving the physical activity of
children and youth are--
(i) ensuring that classes meet national standards
for physical education that have been embraced by
States and local educational agencies; and
(ii) ensuring that teachers are adequately trained
to implement those standards.
(B) The National Association for Sport and Physical
Education and the Centers for Disease Control and Prevention
support the use of the National Standards for Physical
Education as a framework that can be used to design, implement,
and evaluate quality physical education curricula.
(9) Physical education classes for children and youth are
not consistently required to meet those national standards.
Forty-three States allow classroom teachers, without any
training in physical education, to teach physical education.
(10) Children should participate in physical education
classes based on standards grounded in science, to ensure
quality programs. Adequate and well-trained teachers are needed
to ensure the implementation of those quality programs.
SEC. 3. ESTABLISHING AND IMPLEMENTING NUTRITION STANDARDS FOR SCHOOL
FOODS.
(a) Definition of Nutrition Standards.--In this section:
(1) Established nutrition standards.--The term
``established nutrition standards'' means the nutrition
standards for competitive foods and beverages in schools
described in the report of the Institute of Medicine entitled
``Nutrition Standards for Foods in Schools: Leading the Way
toward Healthier Youth'' and dated April 25, 2007.
(2) Nutrition standards.--The term ``nutrition standards''
means the nutrition standards for competitive foods and
beverages in schools.
(3) School.--The term ``school'' means a school that
participates in the reimbursable school meal programs under--
(A) the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.); or
(B) the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
(4) Updated nutrition standards.--The term ``updated
nutrition standards'' means the nutrition standards used as the
basis for regulations promulgated under subsection (b)(4).
(b) Foods of Minimal Nutritional Value.--
(1) Proposed regulations based on established nutrition
standards.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of
Agriculture shall promulgate proposed regulations to
revise the definition of ``foods of minimal nutritional
value'' that is used to carry out this Act, the Richard
B. Russell National School Lunch Act, and the Child
Nutrition Act of 1966, to be consistent with the
established nutrition standards, in accordance with
recommendations contained in the report described in
subsection (a).
(B) Application.--The revised definition of ``foods
of minimal nutritional value'' shall apply to all foods
and beverages sold--
(i) independent of the reimbursable school
meal programs carried out under the Richard B.
Russell National School Lunch Act (42 U.S.C.
1751 et seq.) and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.);
(ii) on the school campus; and
(iii) at any time during the school day.
(2) Implementation of regulations based on established
nutrition standards.--
(A) Effective date.--
(i) In general.--Except as provided in
clause (ii), the final regulations to revise
the definition as described in paragraph (1)
shall take effect at the beginning of the
school year following the date on which the
regulations are finalized.
(ii) Exception.--If the regulations are
finalized on a date that is not more than 60
days before the beginning of the school year,
the regulations shall take effect at the
beginning of the following school year.
(B) Failure to promulgate.--If the Secretary of
Agriculture has not promulgated final regulations as of
the date that is 1 year after the date of enactment of
this Act, the proposed regulations shall be considered
to be final regulations.
(3) Recommendations for revised nutrition standards.--
(A) Study.--Not later than 2 years after the date
of enactment of this Act, and not less than every 5
years thereafter, the Secretary of Health and Human
Services in collaboration with the Secretary of
Agriculture shall enter into an arrangement with the
Institute of Medicine under which the Institute shall
conduct a study to develop recommendations regarding
necessary updates for nutrition standards to ensure
that--
(i) the most current scientific knowledge
(as of the date of the study) is included in
information used to establish the nutrition
standards; and
(ii) the nutrition standards are consistent
with the current Dietary Guidelines for
Americans (as of the date of the study), with
specifications for different age groups and
other segments of the population as recommended
by the Institute of Medicine.
(B) Report.--The Institute of Medicine shall
prepare and submit a report containing the
recommendations described in subparagraph (A), under
each arrangement described in subsection (a), to the
Secretary of Health and Human Services, the Secretary
of Agriculture, appropriate committees of Congress, and
the general public.
(4) Regulations based on updated nutrition standards.--Not
later than 3 months after receiving a report under paragraph
(3), the Secretary of Agriculture shall promulgate regulations
to revise the definition described in paragraph (1)(A), taking
into consideration the recommendations for nutrition standards
contained in the report. The revised definition shall apply to
all foods and beverages described in paragraph (1)(B).
(5) Use.--The Secretary of Health and Human Services and
the Secretary of Agriculture shall take into consideration the
established nutrition standards or updated nutrition standards,
as appropriate, during the proposal and issuance of any
regulation for any Federal program that provides or subsidizes
foods or beverages.
(c) Task Force To Establish a User Friendly Identification System
for Foods and Beverages That Meet Nutrition Standards.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this subsection as the ``Secretary''),
after consultation with the Secretary of Agriculture, shall
establish the Nutrition Standards in Schools Task Force
(referred to in this subsection as the ``Task Force'') to
assist in establishing a user friendly identification system
for identifying foods and beverages that meet the established
nutrition standards or updated nutrition standards, as
appropriate.
(2) Membership.--
(A) Composition.--The Task Force shall be composed
of--
(i) a representative of the Department of
Health and Human Services;
(ii) a representative of the Department of
Agriculture;
(iii) a representative of the Department of
Education;
(iv) a representative of the food and
beverage industry, appointed by the Secretary;
(v) a representative of public school
administrators and food service operators,
appointed by the Secretary;
(vi) a representative of parent
organizations, appointed by the Secretary;
(vii) a representative of public health and
nutrition advocacy organizations, appointed by
the Secretary; and
(viii) other members as determined
appropriate by the Secretary.
(B) Period of appointment; vacancies.--Members
shall be appointed for the life of the Task Force. Any
vacancy in the Task Force shall not affect its powers,
but shall be filled in the same manner as the original
appointment.
(C) Chairperson.--The Secretary or the Secretary's
designee shall serve as the chairperson of the Task
Force.
(3) Duties.--The Task Force shall--
(A) make recommendations to the Secretary
concerning guidelines for the user friendly
identification system described in paragraph (1);
(B) after the Secretary issues guidelines for such
a system, coordinate and facilitate the development of
the system;
(C) report the guidelines for such a system to
representatives from--
(i) education and child development groups;
(ii) parents and parent organizations;
(iii) school boards and local education
agencies;
(iv) State agencies;
(v) Federal agencies;
(vi) public health organizations;
(vii) nutrition advocacy organizations; and
(viii) food and beverage producers and
vendors;
(D) recommend to the Secretary an evaluation plan
for monitoring the implementation of the system.
(4) Personnel.--
(A) Travel expenses.--The members of the Task Force
shall not receive compensation for the performance of
services for the Task Force, but shall be allowed
travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the Task Force. Notwithstanding section
1342 of title 31, United States Code, the Secretary may
accept the voluntary and uncompensated services of
members of the Task Force.
(B) Detail of government employees.--Any Federal
Government employee may be detailed to the Task Force
without reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
(5) Permanent committee.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Task Force.
(d) Training School Food Service Personnel To Implement Nutrition
Standards.--
(1) Grants.--The Secretary of Agriculture (referred to in
this subsection as the ``Secretary'') shall make grants to
eligible entities to train food service and other appropriate
school personnel to provide the personnel with the knowledge
and skills necessary to implement the established nutrition
standards or updated nutrition standards, as appropriate.
(2) Eligibility.--To be eligible to receive a grant under
this subsection, an entity shall--
(A) be a State educational agency, high-need local
educational agency, or Indian tribe; and
(B) submit an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may require.
(3) Priority.--In making grants under this subsection, the
Secretary shall give priority to eligible entities that serve
underserved populations, including racial and ethnic minority
populations and low-income populations.
(4) Use of funds.--An entity that receives a grant under
this subsection shall use the amounts received through the
grant to train personnel described in paragraph (1) to
implement the nutrition standards described in paragraph (1) in
schools.
(5) Technical assistance.--The Director of the Centers for
Disease Control and Prevention shall provide each entity that
receives a grant under this subsection with technical support--
(A) to facilitate the implementation of the
nutrition standards described in paragraph (1); and
(B) to the maximum extent practicable, to ensure
healthy eating behaviors among children.
(6) Evaluation.--Not later than 2 years after the date on
which a grant is awarded to an eligible entity under this
subsection, the entity shall submit to the Director of the
Centers for Disease Control and Prevention a report that
describes and contains an evaluation of the activities carried
out with funds received through the grant.
(7) Definitions.--In this subsection:
(A) Indian tribe.--The term ``Indian tribe'' has
the meaning given the term in section 2 of the Tribally
Controlled College or University Assistance Act of 1978
(25 U.S.C. 1801).
(B) Local educational agency; state educational
agency.--The terms ``local educational agency'' and
``State educational agency'' have the meanings given
the terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(8) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection.
SEC. 4. ESTABLISHING AND IMPLEMENTING PHYSICAL EDUCATION STANDARDS IN
SCHOOLS.
(a) Definitions.--In this section, the terms ``Indian tribe'',
``local educational agency'', and ``State educational agency'' have the
meanings given the terms in section 3(d)(7).
(b) Physical Education Standards in Schools.--The Secretary of
Health and Human Services, acting through the Director of the Centers
for Disease Control and Prevention (referred to in this section as the
``Secretary''), in collaboration with the Secretary of Education, shall
ensure that local educational agencies that receive Federal funds
establish and implement policies to ensure that students participate in
physical education programs that meet standards for physical activity
issued by the Secretary, based on standards recommended by the National
Association for Sport and Physical Education.
(c) Grants for Training.--
(1) Grants.--The Secretary shall award grants on a
competitive basis to eligible entities to support activities
that provide teacher training, and provide the support needed,
to implement physical education programs that meet the
standards described in subsection (b).
(2) Eligibility.--To be eligible to receive a grant under
this subsection, an entity shall be a State educational agency,
high-need local educational agency, or Indian tribe.
(3) Applications.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Secretary at such time, in such manner, and containing such
agreements, assurances, and other information as the Secretary
may require.
(4) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to eligible entities
submitting applications proposing to provide training and
support for programs for students from populations at high risk
for sedentary activity, including racial and ethnic minority
populations and low-income populations.
(5) Use of funds.--An entity that receives a grant under
this subsection shall use the amounts received through the
grant to provide the training and support described in
paragraph (1).
(6) Evaluation.--Not later than 3 years after the date on
which a grant is awarded to an eligible entity under this
subsection, the entity shall submit to the Secretary a report
that describes the activities carried out with funds received
through the grant and the effectiveness of such activities in
ensuring students meet the standards described in subsection
(b).
(d) Carol M. White Physical Education Program.--
(1) Required standards.--Section 5503 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7216b) is amended--
(A) in subsection (a), by striking ``grants'' and
inserting ``grants and contracts''; and
(B) in subsection (b)--
(i) by redesignating paragraphs (1) through
(6) as subparagraphs (A) through (F); and
(ii) by striking ``subpart may provide''
and inserting ``subpart--
``(1) shall, not later than 2 years after the date of
enactment of the Back to School: Improving Standards for
Nutrition and Physical Education in Schools Act of 2007, meet
standards for physical activity, as issued by the Secretary of
Health and Human Services, based on standards recommended by
the National Association for Sport and Physical Education; and
``(2) may provide''.
(2) Evaluation.--Section 5505 of such Act (20 U.S.C. 7261d)
is amended--
(A) in subsection (b), by striking ``grant'' and
inserting ``grant or contract''; and
(B) by adding at the end the following:
``(c) Evaluation.--Not later than 2 years after the date on which a
grant or contract is awarded to an eligible entity under this subpart,
the entity shall submit to the Secretary a report that describes the
activities carried out with the funds received through the grant or
contract and the effectiveness of such activities in meeting the
standards described in section 5503(b)(1).''.
(3) Priority.--Section 5506(b) of such Act (20 U.S.C.
7261e(b)) is amended--
(A) in the subsection header, by striking
``Proportionality.--'' and inserting ``Awards.--'' ;
(B) by inserting before ``To the extent'' the
following:
``(1) Proportionality.--'';
(C) by striking ``grants'' and inserting ``grants
and contracts''; and
(D) by adding at the end the following:
``(2) Priority.--In awarding grants and contracts under
this subpart, the Secretary shall give priority to eligible
entities submitting applications proposing to carry out
programs for students from populations at high risk for
sedentary activity, including racial and ethnic minority
populations and low-income populations.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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