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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1033 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1033

 To authorize a grant program to promote physical education, activity, 
  and fitness and nutrition, and to ensure healthy students, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2013

  Mr. Harkin introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To authorize a grant program to promote physical education, activity, 
  and fitness and nutrition, and to ensure healthy students, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fitness Integrated with Teaching 
Kids Act'' or the ``FIT Kids Act''.

                    TITLE I--HEALTHY STUDENTS GRANTS

SEC. 101. DEFINITIONS.

    In this title:
            (1) Physical education indicators measurement system.--
                    (A) In general.--The term ``physical education 
                indicators measurement system'' means a State reporting 
                and information system that measures student physical 
                health and well-being, nutrition, and fitness based on 
                the physical education indicators and is, to the extent 
                possible, part of the State's statewide longitudinal 
                data system and part of the State's system for 
                reporting the data required under section 1111 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311).
                    (B) Description of system.--Such system shall--
                            (i) contain, at a minimum, data from valid 
                        and reliable surveys of students and staff on 
                        the physical education indicators that allow 
                        staff at the State, local educational agencies, 
                        and schools to examine and improve school-level 
                        conditions regarding physical activity, 
                        education, and fitness and nutrition;
                            (ii) collect school-level data on the 
                        physical education indicators, in the aggregate 
                        and disaggregated by the categories of race, 
                        ethnicity, gender, disability status, migrant 
                        status, English proficiency, and status as 
                        economically disadvantaged, and cross-tabulated 
                        across all of such categories by gender and by 
                        disability;
                            (iii) protect student privacy, consistent 
                        with applicable data privacy laws and 
                        regulations, including section 444 of the 
                        General Education Provisions Act (20 U.S.C. 
                        1232g, commonly known as the ``Family 
                        Educational Rights and Privacy Act of 1974''); 
                        and
                            (iv) to the extent possible, utilize a web-
                        based reporting system.
            (2) Eligible local applicant.--The term ``eligible local 
        applicant'' means a local educational agency, a consortium of 
        local educational agencies, or a nonprofit organization that 
        has a track record of success in implementing the proposed 
        activities and has signed a memorandum of understanding with a 
        local educational agency or consortium of local educational 
        agencies to--
                    (A) implement school-based activities; and
                    (B) conduct school-level measurement of the 
                physical education indicators that are consistent with 
                this title.
            (3) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (4) Physical education indicators.--The term ``physical 
        education indicators'' means a set of measures for instruction 
        on physical activity, health-related fitness, physical 
        competence, and cognitive understanding about physical 
        activity. Such indicators shall include--
                    (A) for the State, for each local educational 
                agency in the State, and for each school in the State, 
                the average number of minutes per week (averaged over 
                the school year) that all students spend in required 
                physical education, and the average number of minutes 
                per week (averaged over the school year) that all 
                students engage in moderate to vigorous physical 
                activity, as measured against established recommended 
                guidelines of the Centers for Disease Control and 
                Prevention and the Department of Health and Human 
                Services;
                    (B) for the State, the percentage of local 
                educational agencies that have a required, age-
                appropriate physical education curriculum that adheres 
                to Centers for Disease Control and Prevention 
                guidelines and State standards;
                    (C) for the State, for each local educational 
                agency in the State, and for each school in the State, 
                the percentage of elementary school and secondary 
                school physical education teachers who are licensed or 
                certified by the State to teach physical education;
                    (D) for the State, and for each local educational 
                agency in the State, the percentage of schools that 
                have a physical education teacher who is certified or 
                licensed in the State to teach physical education and 
                adapted physical education;
                    (E) for each school in the State, the number of 
                indoor square feet and the number of outdoor square 
                feet used primarily for physical education; and
                    (F) for the State, the percentage of local 
                educational agencies that have a school wellness 
                council that--
                            (i) includes members appointed by the local 
                        educational agency superintendent;
                            (ii) may include parents, students, 
                        representatives of the school food authority, 
                        representatives of the school board, school 
                        administrators, school nurses, and members of 
                        the public; and
                            (iii) meets regularly to promote a healthy 
                        school environment.
            (5) Program to promote physical activity, education, and 
        fitness and nutrition.--The term ``program to promote physical 
        activity, education, and fitness and nutrition'' means a 
        program that--
                    (A) increases and enables active student 
                participation in physical well-being activities and 
                provides teacher and school leader professional 
                development to encourage and increase such 
                participation;
                    (B) is comprehensive in nature;
                    (C) includes opportunities for professional 
                development for teachers of physical education to stay 
                abreast of the latest research, issues, and trends in 
                the field of physical education; and
                    (D) includes 1 or more of the following activities:
                            (i) Fitness education and assessment to 
                        help students understand, improve, or maintain 
                        their physical well-being.
                            (ii) Instruction in a variety of motor 
                        skills and physical activities designed to 
                        enhance the physical, mental, social, and 
                        emotional development of every student.
                            (iii) Development of, and instruction in, 
                        cognitive concepts about motor skill and 
                        physical fitness that support a lifelong 
                        healthy lifestyle.
                            (iv) Opportunities to develop positive 
                        social and cooperative skills through physical 
                        activity.
                            (v) Instruction in healthy eating habits 
                        and good nutrition.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (7) State.--The term ``State'' has the meaning given the 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).

SEC. 102. DISTRIBUTION OF FUNDS.

    From amounts made available under section 105, the Secretary shall 
use--
            (1) in each year for which funding is made available under 
        such section, not more than 2 percent of such amounts for 
        technical assistance and evaluation;
            (2) for the first 3 fiscal years for which funding is made 
        available under such section--
                    (A) except as provided in subparagraph (B)--
                            (i) not more than 30 percent of such 
                        amounts or $30,000,000, whichever amount is 
                        more, for State measurement system grants, 
                        distributed to every State (by an application 
                        process consistent with section 103(c)) in an 
                        amount proportional to each State's share of 
                        funding under part A of title I of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6311 et seq.), to be used--
                                    (I) to develop the State's physical 
                                education indicators measurement 
                                system;
                                    (II) to conduct a needs analysis to 
                                meet the requirements of section 
                                103(c)(2)(C); and
                                    (III) if grant funds remain after 
                                carrying out subclauses (I) and (II), 
                                for activities described in section 
                                103(f); and
                            (ii) not more than 68 percent of such 
                        amounts for grants under section 103; and
                    (B) for any fiscal year for which the amount 
                remaining available after funds are reserved under 
                paragraph (1) is less than $30,000,000, all of such 
                remainder for the State measurement system grants 
                described in subparagraph (A)(i); and
            (3) for the fourth fiscal year and each subsequent fiscal 
        year for which funding is made available under section 105, not 
        less than 98 percent of such amounts for grants under section 
        103.

SEC. 103. HEALTHY STUDENTS GRANTS.

    (a) Grant Program Authorized.--
            (1) In general.--From amounts made available under 
        paragraph (2)(A)(ii) or (3) of section 102 for a fiscal year, 
        the Secretary shall award grants to States to implement 
        comprehensive programs to promote physical activity, education, 
        and fitness and nutrition and that are based on--
                    (A) scientifically valid research; and
                    (B) an analysis of need that considers, at a 
                minimum, the physical education indicators.
            (2) Awards to states.--
                    (A) Formula grants.--For any fiscal year for which 
                the total amount available under (2)(A)(ii) or (3) of 
                section 102 for grants under this section is 
                $250,000,000 or more, the Secretary shall allot to each 
                State with an approved application an amount that bears 
                the same relationship to such total amount as the 
                amount received under part A of title I of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311 et seq.) by such State for such fiscal year 
                bears to the amount received under such part for such 
                fiscal year by all States.
                    (B) Competitive grants.--
                            (i) In general.--For any fiscal year for 
                        which the total amount available under 
                        paragraph (2)(A)(ii) or (3) of section 102 for 
                        grants under this section is less than 
                        $250,000,000, the Secretary shall award such 
                        grants to States on a competitive basis.
                            (ii) Sufficient size and scope.--In 
                        awarding grants on a competitive basis pursuant 
                        to clause (i), the Secretary shall ensure that 
                        grant awards are of sufficient size and scope 
                        to carry out required and approved activities 
                        under this section.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a State shall demonstrate that the State has established a 
statewide physical education requirement that is consistent with widely 
recognized standards.
    (c) Applications.--
            (1) In general.--A State that desires to receive a grant 
        under this section shall submit an application at such time, in 
        such manner, and containing such information as the Secretary 
        may require.
            (2) Content of application.--At a minimum, the application 
        shall include--
                    (A) documentation of the State's eligibility to 
                receive a grant under this section, as described in 
                subsection (b);
                    (B) a plan for improving physical activity, 
                education, and fitness and nutrition in schools in the 
                State in a manner consistent with the requirements of 
                the program that may be a part of a broader statewide 
                child and youth plan, if such a plan exists and is 
                consistent with the requirements of this title;
                    (C) a needs analysis of the schools in the State 
                regarding physical activity, education, and fitness and 
                nutrition, which--
                            (i) shall include a description of, and 
                        data measuring, the State's performance on the 
                        physical education indicators; and
                            (ii) may be a part of a broader statewide 
                        child and youth needs analysis, if such an 
                        analysis exists and is consistent with the 
                        requirements of this title;
                    (D) a description of how the programs to promote 
                physical activity, education, and fitness and nutrition 
                that the State proposes to implement with grant funds 
                are responsive to the results of the needs analysis 
                described in subparagraph (C); and
                    (E) a description of how the State will--
                            (i) develop, adapt, improve, or adopt, and 
                        implement, the State's physical education 
                        indicators measurement system, and how the 
                        State will ensure that all local educational 
                        agencies and schools in the State participate 
                        in such system;
                            (ii) ensure the quality of the State's data 
                        collection for the physical education 
                        indicators, including the State's plan for 
                        survey administration and for ensuring the 
                        reliability and validity of survey instruments;
                            (iii) coordinate the proposed activities 
                        with other Federal and State programs, which 
                        may include programs to expand learning time 
                        and for before- and after-school programming in 
                        order to provide sufficient time to carry out 
                        the activities described in this title;
                            (iv) assist local educational agencies in 
                        aligning activities carried out with funds the 
                        agencies receive under the grant with other 
                        funding sources in order to support a coherent 
                        and non-duplicative program;
                            (v) solicit and approve subgrant 
                        applications, including how the State will--
                                    (I) allocate funds for statewide 
                                activities and subgrants for each year 
                                of the grant; and
                                    (II) consider the results of the 
                                needs analysis described in 
                                subparagraph (C) in the State's 
                                distribution of subgrants;
                            (vi) address the needs of diverse 
                        geographic areas in the State, including rural 
                        and urban communities; and
                            (vii) assist local educational agencies and 
                        schools in their efforts to increase the 
                        provision of physical activity and physical 
                        education opportunities during the school day 
                        and implement programs to promote physical 
                        activity, education, and fitness, and 
                        nutrition.
            (3) Peer-review process.--The Secretary shall establish a 
        peer-review process that includes individuals with applicable 
        expertise in physical activity, education, or fitness or 
        nutrition to review applications submitted under this 
        subsection.
    (d) Duration.--
            (1) In general.--A State that receives a grant under this 
        section may receive funding for not more than 5 years in 
        accordance with this subsection.
            (2) Initial period.--The Secretary shall award grants under 
        this section for an initial period of not more than 3 years.
            (3) Grant extension.--The Secretary may extend a grant 
        awarded to a State under this section for not more than an 
        additional 2 years if the State shows sufficient improvement, 
        as determined by the Secretary, against baseline data for the 
        performance metrics established under subsection (h)(1).
    (e) Reservation and Use of Funds.--A State that receives a grant 
under this section shall--
            (1) reserve not more than 10 percent of the grant funds for 
        administration of the program, technical assistance, and the 
        development, adaptation, improvement, or adoption, and 
        implementation of the State's physical education indicators 
        measurement system, as described in paragraphs (1) through (5) 
        of subsection (f); and
            (2) use the remainder of grant funds after making the 
        reservation under paragraph (1) to award subgrants, on a 
        competitive basis, to eligible local applicants.
    (f) Required State Activities.--A State that receives a grant under 
this section shall--
            (1) not later than 1 year after receipt of the grant, 
        develop, adapt, improve, or adopt and implement a physical 
        education indicators measurement system (unless the State can 
        demonstrate, to the satisfaction of the Secretary, that an 
        appropriate system has already been implemented) that annually 
        measures the State's progress regarding physical activity, 
        education, and fitness and nutrition for every public school in 
        the State;
            (2) collect information in each year of the grant on 
        physical activity, education, and fitness and nutrition at the 
        school level through comprehensive needs assessments of 
        student, school staff, and family perceptions, experiences, and 
        behaviors;
            (3) publicly report, at the school level and district 
        level, the data collected in the physical education indicators 
        measurement system each year in a timely and highly accessible 
        manner and in a manner that does not reveal personally 
        identifiable information;
            (4) use, on a continuous basis, the results of the physical 
        education indicators measurement system to--
                    (A) identify and address student physical activity, 
                education, and fitness needs statewide;
                    (B) help subgrantees identify and address school 
                and student needs; and
                    (C) provide individualized assistance to the 
                lowest-performing schools (consistent with section 1116 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6316)) and schools with significant 
                weaknesses with respect to physical activity, 
                education, and fitness and nutrition as identified 
                through the physical education indicators measurement 
                system with implementation of activities under this 
                title;
            (5) encourage local educational agencies to--
                    (A) integrate physical activity, education, and 
                fitness into a range of subjects throughout the school 
                day and locations within schools;
                    (B) encourage consultation with a variety of 
                stakeholders, including families, students, school 
                officials, and other organizations with wellness and 
                physical activity, education, and fitness expertise; 
                and
                    (C) regularly monitor schools' efforts in improving 
                wellness and physical activity, education, and fitness 
                understanding and habits among students; and
            (6) award subgrants under subsection (g) to eligible local 
        applicants.
    (g) Subgrants.--
            (1) In general.--
                    (A) Awarding of subgrants.--A State that receives a 
                grant under this section shall award subgrants, on a 
                competitive basis, to eligible local applicants--
                            (i) based on need, as identified by--
                                    (I) data from the State physical 
                                education indicators measurement system 
                                and, if available, similar local 
                                systems; or
                                    (II) in the case of a State for 
                                which the State physical education 
                                indicators measurement system required 
                                under subsection (f)(1) is not yet 
                                implemented, other data determined 
                                appropriate by the State;
                            (ii) that are of sufficient size and scope 
                        to enable the eligible local applicants to 
                        carry out approved activities; and
                            (iii) to implement programs to promote 
                        physical activity, education, and fitness and 
                        nutrition that--
                                    (I) are comprehensive in nature; 
                                and
                                    (II) are based on scientifically 
                                valid research.
                    (B) Assistance.--A State that receives a grant 
                under this section shall provide assistance to subgrant 
                applicants and recipients in the selection of 
                scientifically valid programs to promote physical 
                activity, education, and fitness and nutrition.
                    (C) Partnerships allowed.--An eligible local 
                applicant may apply for a subgrant under this 
                subsection in partnership with 1 or more community-
                based organizations.
            (2) Applications.--An eligible local applicant that desires 
        to receive a subgrant under this subsection shall submit to the 
        State an application at such time, in such manner, and 
        containing such information as the State may require.
            (3) Priority.--In awarding subgrants under this subsection, 
        a State shall give priority to applications that--
                    (A) demonstrate the greatest need according to the 
                results of the State's needs analysis described in 
                subsection (c)(2)(C); and
                    (B) propose to serve schools with the highest 
                concentrations of poverty, based on the percentage of 
                students receiving or eligible to receive a free or 
                reduced price lunch under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.).
            (4) Activities of subgrant recipients.--Each eligible local 
        applicant receiving a subgrant under this subsection shall, for 
        the duration of the subgrant--
                    (A) carry out, as part of a program to promote 
                physical activity, education, and fitness and 
                nutrition, activities--
                            (i) the need for which has been identified, 
                        at a minimum--
                                    (I) through the physical education 
                                indicators measurement system; or
                                    (II) in the case of a State that 
                                has not yet implemented the physical 
                                education indicators measurement system 
                                as required under subsection (f)(1), 
                                the State's needs analysis described in 
                                subsection (c)(2)(C); and
                            (ii) that are part of a comprehensive 
                        strategy or framework to address such need;
                    (B) ensure that each activity selected as part of 
                such program be based on scientifically valid research 
                and be used for the purpose for which such activity was 
                found to be effective;
                    (C) use school-level data from the statewide 
                physical education indicators, and use the statewide 
                physical education indicators measurement system when 
                implemented by the State as required under subsection 
                (f)(1), to inform the implementation and continuous 
                improvement of activities carried out under this title;
                    (D) collect and report to the State educational 
                agency, data for schools served by the eligible local 
                applicant, in a manner determined by the State and 
                consistent with the State's physical education 
                indicators measurement system, when established;
                    (E)(i) establish policies to expand access to 
                quality physical activity opportunities (including 
                school wellness policies); and
                    (ii) if the local educational agency to be served 
                through the grant does not have an active school 
                wellness council consistent with the requirements of 
                the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
                seq.), establish such a school wellness council, which 
                may be part of an existing school council that has the 
                capacity and willingness to address school wellness;
                    (F) engage family members and community-based 
                organizations in the development of physical education 
                indicators surveys, and in the planning, 
                implementation, and review of the eligible local 
                applicant's efforts under this title; and
                    (G) consider and accommodate the unique needs of 
                students with disabilities and English language 
                learners in implementing activities.
    (h) Accountability.--
            (1) Establishment of performance metrics.--The Secretary, 
        acting through the Director of the Institute of Education 
        Sciences, shall establish program performance metrics to 
        measure the effectiveness of the activities carried out under 
        this title.
            (2) Annual report.--Each State that receives a grant under 
        this title shall prepare and submit to the Secretary an annual 
        report that includes information relevant to the physical 
        education indicators, including progress towards meeting 
        outcomes for the metrics established under paragraph (1).

SEC. 104. FUNDS RESERVED FOR SECRETARY.

    From the amount reserved under section 102(1), the Secretary 
shall--
            (1) direct the Institute of Education Sciences to conduct 
        an evaluation of the impact of the practices funded or 
        disseminated under this title; and
            (2) provide technical assistance to applicants for and 
        recipients of, grants and subgrants under this title.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
such sums as may be necessary for fiscal year 2014 and each of the 5 
succeeding fiscal years.

  TITLE II--PARENTAL INVOLVEMENT FOR HEALTHY STUDENTS; EQUAL PHYSICAL 
         ACTIVITY OPPORTUNITIES FOR STUDENTS WITH DISABILITIES

SEC. 201. PARENTAL INVOLVEMENT.

    Section 1118(d)(1) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6318(d)(1)) is amended--
            (1) by inserting ``, healthy,'' after ``supportive'';
            (2) by striking ``; and participating'' and inserting ``; 
        participating''; and
            (3) 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 to support 
        successful academic achievement''.

SEC. 202. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES FOR STUDENTS WITH 
              DISABILITIES.

    (a) In General.--Title V of the Rehabilitation Act of 1973 (29 
U.S.C. 791 et seq.) is amended by adding at the end the following:

``SEC. 511. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES FOR STUDENTS WITH 
              DISABILITIES.

    ``(a) In General.--The Secretary shall promote equal opportunities 
for students with disabilities to be included and to participate in 
physical education and extracurricular athletics implemented in, or in 
conjunction with, elementary schools, secondary schools, and 
institutions of higher education, by ensuring the provision of 
appropriate technical assistance and guidance for schools and 
institutions described in this subsection and their personnel.
    ``(b) Technical Assistance and Guidance.--The provision of 
technical assistance and guidance described in subsection (a) shall 
include--
            ``(1) providing technical assistance to elementary schools, 
        secondary schools, local educational agencies, State 
        educational agencies, and institutions of higher education, 
        regarding--
                    ``(A) inclusion and participation of students with 
                disabilities, in a manner equal to that of the other 
                students, in physical education opportunities 
                (including classes) and extracurricular athletics 
                opportunities, including technical assistance on--
                            ``(i) providing reasonable modifications to 
                        policies, practices, and procedures; and
                            ``(ii) providing supports to ensure such 
                        inclusion and participation;
                    ``(B) provision of adaptive sports programs, in the 
                physical education and extracurricular athletics 
                opportunities, including programs with competitive 
                sports leagues or competitions, for students with 
                disabilities; and
                    ``(C) responsibilities of the schools, 
                institutions, and agencies involved under section 504, 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.), and any other applicable Federal law to 
                provide students with disabilities equal access to 
                extracurricular athletics;
            ``(2) facilitating information sharing among the schools, 
        institutions, and agencies, and students with disabilities, on 
        ways to provide inclusive opportunities in physical education 
        and extracurricular athletics for students with disabilities; 
        and
            ``(3) monitoring the extent to which physical education and 
        extracurricular athletics opportunities for students with 
        disabilities are implemented in, or in conjunction with, 
        elementary schools, secondary schools, and institutions of 
        higher education.
    ``(c) Definitions.--In this section:
            ``(1) Agencies.--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).
            ``(2) Schools and institutions.--The terms `elementary 
        school', `secondary school', and `institution of higher 
        education' mean an elementary school, secondary school, or 
        institution of higher education, respectively (as defined in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801)), that receives, or has 1 or more 
        students that receive, Federal financial assistance.
            ``(3) Student with a disability.--
                    ``(A) In general.--The term `student with a 
                disability' means an individual who--
                            ``(i) attends an elementary school, 
                        secondary school, or institution of higher 
                        education; and
                            ``(ii) who--
                                    ``(I) is eligible for, and 
                                receiving, special education or related 
                                services under part B of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1411 et seq.); or
                                    ``(II) is an individual with a 
                                disability, for purposes of section 504 
                                or the Americans with Disabilities Act 
                                of 1990.
                    ``(B) Students with disabilities.--The term 
                `students with disabilities' means more than 1 student 
                with a disability.''.
    (b) Table of Contents.--The table of contents in section 1(b) of 
the Rehabilitation Act of 1973 is amended by inserting after the item 
relating to section 509 the following:

``Sec. 510. Establishment of standards for accessible medical 
                            diagnostic equipment.
``Sec. 511. Equal physical activity opportunities for students with 
                            disabilities.''.
                                 <all>
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