I 

111TH CONGRESS 

2D SESSION H. R. 5090 

To amend the Richard B. Russell National School Lunch Act to promote 

the health and well-being of schoolchildren in the United States through 

effective local wellness policies, technical assistance, training, and support 

for healthy school foods, nutrition promotion and education, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2010 

Mr. POLIS of Colorado (for himself, Mr. BERMAN, Ms. FUDGE, Mr. KAGEN, 

Ms. KILPATRICK of Michigan, and Ms. SCHAKOWSKY) introduced the following bill; which was referred to the Committee on Education and 

Labor, and in addition to the Committee on the Budget, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend the Richard B. Russell National School Lunch 

Act to promote the health and well-being of schoolchildren in the United States through effective local 

wellness policies, technical assistance, training, and support for healthy school foods, nutrition promotion and 

education, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘ ‘Nutrition Education 

3 and Wellness in Schools Act’’ or the ‘‘NEW Schools Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) childhood obesity increased threefold among 

7 children and adolescents in the 30 years preceding 

8 the date of enactment of this Act; 

9 (2) about 12,000,000 children and adolescents 

10 ages 2 to 19 are considered obese; 

11 (3) obesity-related diseases cost the United 

12 States economy more than $147,000,000,000 every 

13 year; 

14 (4) both low levels of physical activity and an 

15 increase in caloric intake have contributed to the un16 precedented epidemic of childhood obesity; 

17 (5) overweight adolescents have a 70 to 80 per18 cent chance of becoming overweight adults, increas19 ing the risk for chronic disease, disability, and 

20 death; 

21 (6) children and adolescents are— 

22 (A) not meeting dietary recommendations; 

23 (B) underconsuming important food 

24 groups and nutrients needed for growth and de25 velopment; and 


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1 (C) overconsuming saturated fat, trans fat, 

2 sodium, and added sugars; 

3 (7) nutrition education and promotion helps 

4 foster a school environment that— 

5 (A) supports healthy eating; 

6 (B) helps initiate and sustain healthy eat7 ing behaviors; 

8 (C) increases acceptance and consumption 

9 of healthy school meals; 

10 (D) increases participation in school meal 

11 programs; 

12 (E) enhances school meal quality; and 

13 (F) supports development and implementa14 tion of local wellness policies; 

15 (8) nutrition education and promotion is a crit16 ical component of most major health promotion and 

17 disease prevention programs; 

18 (9) research shows that school-based nutrition 

19 programs and services both improve health and con20 tribute to the academic achievement of school chil21 dren; 

22 (10) research shows that fit children achieve 

23 more academically and have better school attendance 

24 and fewer disciplinary problems; 


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1 (11) a comprehensive study of local wellness 

2 policies across the United States found that— 

3 (A) many policies were underdeveloped and 

4 fragmented; and 

5 (B) the vast majority of students were en6 rolled in a school district that did not— 

7 (i) require evaluation of the imple8 mentation or effectiveness of the wellness 

9 policy of the district; or 

10 (ii) include any provisions for review11 ing and revising the wellness policy; 

12 (12) the same study reported that between 5 

13 and 6 percent of students were enrolled in a school 

14 district that had identified a potential source of 

15 funding to support implementation of the wellness 

16 policy of the district; 

17 (13) the nutrition education and promotion ini18 tiatives for school children in effect as of the date 

19 of enactment of this Act lack coordination, funding, 

20 and sustainability; 

21 (14) the Physical Activity Guidelines for Ameri22 cans of the Department of Health and Human Serv23 ices recommend that children engage in at least 60 

24 minutes of physical activity on most, and preferably 

25 all, days of the week; 


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1 (15) children spend many waking hours at 

2 school and therefore need to be active during the 

3 school day to meet the recommendations of the 

4 Physical Activity Guidelines for Americans; and 

5 (16) as of the date of enactment of this Act— 

6 (A) only 3.8 percent of elementary schools, 

7 7.9 percent of middle schools, and 2.1 percent 

8 of high schools provide daily physical education 

9 or the equivalent for the entire school year; and 

10 (B) 22 percent of schools do not require 

11 students to take any physical education at all. 

12 SEC. 3. LOCAL WELLNESS POLICIES. 

13 (a) IN GENERAL.—Section 5 of the Richard B. Rus14 sell National School Lunch Act (42 U.S.C. 1754) is 

15 amended to read as follows: 

16 ‘‘SEC. 5. LOCAL WELLNESS POLICIES. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) EXTENDED SCHOOL DAY.—The term ‘ex19 tended school day’ means— 

20 ‘‘(A) the official school day; and 

21 ‘‘(B) the time before and after the official 

22 school day during which events or activities are 

23 primarily under the control of the school or a 

24 third party on behalf of the school. 


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1 ‘‘(2) LOCAL WELLNESS POLICY.—The term 

2 ‘local wellness policy’ means a nutrition and physical 

3 activity wellness policy of a local educational agency 

4 established under section 204 of the Child Nutrition 

5 and WIC Reauthorization Act of 2004 (42 U.S.C. 

6 1751 note; Public Law 108–265). 

7 ‘‘(b) REQUIREMENTS.—Not later than the first day 

8 of the school year beginning 1 year after the date of enact9 ment of the NEW Schools Act, each local educational 

10 agency participating in a program authorized by this Act 

11 or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 

12 seq.) shall strengthen the local school wellness policy of 

13 the local educational agency by ensuring, at a minimum, 

14 that the policy— 

15 ‘‘(1) includes goals for nutrition promotion and 

16 education, physical education, physical activity, food 

17 marketing and advertising on the school campus, 

18 and other school-based activities designed to promote 

19 participation in child nutrition programs and stu20 dent wellness through the extended school day, in a 

21 manner that the local educational agency determines 

22 to be appropriate; 

23 ‘‘(2) includes an implementation plan to achieve 

24 the goals of the local wellness policy; 


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1 ‘‘(3) ensures that guidelines for reimbursable 

2 school meals are not less restrictive than regulations 

3 and guidance issued by the Secretary pursuant to 

4 subsections (a) and (b) of section 10 of the Child 

5 Nutrition Act of 1966 (42 U.S.C. 1779) and sec6 tions 9(f)(1) and 17(a) of this Act, as those regula7 tions and guidance apply to schools; 

8 ‘‘(4) ensures that nutritional guidelines for 

9 foods and beverages sold in schools that are not part 

10 of reimbursable school meals are in compliance with 

11 the standards established by the Secretary; and 

12 ‘‘(5) includes a plan for measuring implementa13 tion of the local wellness policy, including the des14 ignation of a local wellness policy committee under 

15 subsection (d). 

16 ‘‘(c) TRANSPARENCY.— 

17 ‘‘(1) IN GENERAL.—In carrying out this sec18 tion, each local educational agency shall make read19 ily available and widely disseminate to relevant 

20 stakeholders— 

21 ‘‘(A) the local wellness policy of the local 

22 education agency, including the implementation 

23 plan described in subsection (b)(5); 

24 ‘‘(B) any assessments of the implementa25 tion of the local wellness policy; 


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1 ‘‘(C) any updates to the local wellness pol2 icy; and 

3 ‘‘(D) appropriate local and State contact 

4 information. 

5 ‘‘(2) AVAILABILITY REQUIREMENT.—Not later 

6 than the first day of the school year following the 

7 date of enactment of the NEW Schools Act, each 

8 local educational agency shall make readily available 

9 the policy and plan described in paragraph (1)(A). 

10 ‘‘(3) ASSESSMENT OF IMPLEMENTATION.— 

11 ‘‘(A) ASSESSMENT OF IMPLEMENTA12 TION.—Not later than 2 years after the date of 

13 enactment of the NEW Schools Act, and every 

14 3 years thereafter, each local educational agen15 cy shall complete and make readily available the 

16 results of an assessment of the implementation 

17 of the local wellness policy of the local edu18 cational agency that includes— 

19 ‘‘(i) the extent to which schools under 

20 the jurisdiction of the local educational 

21 agency are in compliance with the local 

22 wellness policy of the agency; 

23 ‘‘(ii) the extent to which the local 

24 wellness policy of the local educational 

25 agency compares with model local wellness 


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1 policies recommended under subsection 

2 (e)(2)(A)(ii); 

3 ‘‘(iii) a description of the progress 

4 made in attaining the goals of the local 

5 wellness policy described in subsection (b); 

6 and 

7 ‘‘(iv) any revisions to the local 

8 wellness policy to more effectively address 

9 those goals. 

10 ‘‘(d) LOCAL WELLNESS POLICY COMMITTEE.— 

11 ‘‘(1) IN GENERAL.—Not later than 180 days 

12 after the date of enactment of the NEW Schools 

13 Act, each local educational agency shall designate a 

14 standing Local Wellness Policy Committee (referred 

15 to in this subsection as the ‘Committee’). 

16 ‘‘(2) REPRESENTATION.— 

17 ‘‘(A) REQUIRED REPRESENTATIVES.—The 

18 Committee of each local educational agency 

19 shall be comprised of at least 1 representative 

20 from the local educational agency from each of 

21 the following categories of stakeholders: 

22 ‘‘(i) Principals. 

23 ‘‘(ii) Teachers. 

24 ‘‘(iii) Parents of students. 

25 ‘‘(iv) Students. 


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1 ‘‘(v) The school food authority. 

2 ‘‘(vi) The school board of the local 

3 educational agency. 

4 ‘‘(vii) The physical education pro5 gram. 

6 ‘‘(viii) School health professionals, 

7 such as school nurses, school counselors, 

8 social workers, or health education teach9 ers. 

10 ‘‘(B) AUTHORIZED REPRESENTATIVES.—A 

11 Committee may also include a registered dieti12 tian, pediatrician, dentist, a representative of 

13 the local health department, or other represent14 atives of the local community. 

15 ‘‘(3) TERMS AND CONDITIONS.—Each local 

16 educational agency shall determine the terms and 

17 conditions under which each member of the Com18 mittee of the local educational agency serves. 

19 ‘‘(4) DUTIES.—Duties and responsibilities of 

20 each Committee shall include— 

21 ‘‘(A) ensuring that the local educational 

22 agency served by the Committee meets the re23 quirements described in this section; 

24 ‘‘(B) fostering integration of the local 

25 wellness policy of the local educational agency 


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1 with existing coordinated school health pro2 grams, and other health-related activities in the 

3 schools and community served by the local edu4 cational agency; and 

5 ‘‘(C) making Committee proceedings and 

6 other pertinent information relating to the ac7 tivities of the Committee readily available. 

8 ‘‘(e) TECHNICAL ASSISTANCE AND OUTREACH.— 

9 ‘‘(1) IN GENERAL.—The Secretary, in consulta10 tion with the Secretary of Education and the Sec11 retary of Health and Human Services, acting 

12 through the Centers for Disease Control and Preven13 tion, shall assist in the adoption of effective local 

14 wellness policies by local educational agencies in ac15 cordance with this section. 

16 ‘‘(2) OUTREACH.—In carrying out paragraph 

17 (1), the Secretary shall perform outreach to key 

18 State and local stakeholders to promote effective 

19 local wellness policies and provide technical assist20 ance that— 

21 ‘‘(A) includes— 

22 ‘‘(i) a hotline, online resources, and 

23 trainings on designing, implementing, pro24 moting, disseminating, and evaluating local 

25 wellness policies and overcoming barriers 


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1 to the adoption of local wellness policies; 

2 and 

3 ‘‘(ii) model local wellness policies and 

4 best practices recommended by Federal 

5 agencies, State agencies, and nongovern6 mental organizations; and 

7 ‘‘(B) is for guidance purposes only and not 

8 binding or otherwise designed to be mandate to 

9 schools, local educational agencies, school food 

10 authorities, or State child nutrition programs. 

11 ‘‘(3) FUNDING.— 

12 ‘‘(A) IN GENERAL.—On October 1, 2010, 

13 and on each October 1 thereafter through Octo14 ber 1, 2014, out of any funds in the Treasury 

15 not otherwise appropriated, the Secretary of the 

16 Treasury shall transfer to the Secretary to 

17 carry out this paragraph $1,000,000, to remain 

18 available until expended. 

19 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

20 Secretary shall be entitled to receive, shall ac21 cept, and shall use to carry out this paragraph 

22 the funds transferred under subparagraph (A), 

23 without further appropriation. 

24 ‘‘(f) STUDY AND REPORT.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in conjunc2 tion with the Director of the Centers for Disease 

3 Control and Prevention, shall prepare a report on 

4 the implementation, strength, and effectiveness of 

5 the local wellness policies carried out in accordance 

6 with this section. 

7 ‘‘(2) STUDY OF LOCAL WELLNESS POLICIES.— 

8 The study described in paragraph (1) shall include— 

9 ‘‘(A) an analysis of the strengths and 

10 weaknesses of local wellness policies and how 

11 the policies compare with model local wellness 

12 policies recommended under subsection 

13 (e)(2)(A)(ii); and 

14 ‘‘(B) an assessment of the impact of the 

15 local wellness policies in addressing the require16 ments of subsection (b). 

17 ‘‘(3) REPORT.—Not later than January 1, 

18 2014, the Secretary shall submit to the Committee 

19 on Agriculture, Nutrition, and Forestry of the Sen20 ate and the Committee on Education and Labor of 

21 the House of Representatives a report that describes 

22 the findings of the study.’’. 

23 (b) CONFORMING AMENDMENT.—Section 204 of the 

24 Child Nutrition and WIC Reauthorization Act of 2004 (42 

25 U.S.C. 1751 note; Public Law 108–265) is repealed. 


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1 SEC. 4. THE WELLNESS AND NUTRITION NETWORK. 

2 Section 19 of the Child Nutrition Act of 1966 (42 

3 U.S.C. 1788) is amended to read as follows: 

4 ‘‘SEC. 19. THE WELLNESS AND NUTRITION NETWORK. 

5 ‘‘(a) PURPOSE OF THE WELLNESS AND NUTRITION

6 NETWORK.—The purpose of this section is to promote, 

7 through technical assistance, training, and nutrition pro8 motion and education programs and policies, the nutri9 tional health of school children in the United States and 

10 to decrease the prevalence of obesity and chronic diseases, 

11 as well as hunger and food insecurity. The Wellness and 

12 Nutrition Network will coordinate and collaborate at the 

13 Federal, State, and local levels to leverage and maximize 

14 resources and ensure effective and coordinated child nutri15 tion program delivery. 

16 ‘‘(b) DEFINITIONS.—In this section: 

17 ‘‘(1) THE WELLNESS AND NUTRITION NET18 WORK (TWNN).—The term ‘The Wellness and Nutri19 tion Network (TWNN)’ means a nationwide multi20 disciplinary program to establish and support tech21 nical assistance, training, and programs and policies 

22 that promote and support healthy eating and phys23 ical activity by children and that is— 

24 ‘‘(A) based on sound nutritional, edu25 cational, and social marketing approaches; 


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1 ‘‘(B) funded and overseen at the Federal 

2 level, administered at the State level, and imple3 mented at the local level based on prioritized 

4 community needs; and 

5 ‘‘(C) coordinated with school health and 

6 other nutrition programs. 

7 ‘‘(2) STATE WELLNESS AND NUTRITION NET8 WORK COORDINATOR.—The term ‘State Wellness 

9 and Nutrition Network coordinator’ means an indi10 vidual with— 

11 ‘‘(A) at least a registered dietitian creden12 tial; or 

13 ‘‘(B) a baccalaureate degree or master’s 

14 degree with credentials in nutrition, as deter15 mined by the Secretary. 

16 ‘‘(c) FUNDING AND ALLOCATIONS.— 

17 ‘‘(1) FUNDING.—For fiscal year 2011 and each 

18 succeeding fiscal year (out of any funds in the 

19 Treasury not otherwise appropriated), the Secretary 

20 of the Treasury shall provide to the Secretary an 

21 amount equal to the amount calculated under para22 graph (2) to carry out this section. The Secretary 

23 shall be entitled to receive the funds and shall accept 

24 the funds, without further appropriation. 


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1 ‘‘(2) TOTAL AMOUNT FOR EACH FISCAL

2 YEAR.—The total amount of funds made available 

3 for a fiscal year to carry out this section shall equal 

4 to not more than the product obtained by multi5 plying— 

6 ‘‘(A) 1 cent; by 

7 ‘‘(B) the number of meals reimbursed 

8 through the school lunch program, child and 

9 adult care food program, and summer food 

10 service program under the Richard B. Russell 

11 National School Lunch Act (42 U.S.C. 21 1751 

12 et seq.) during the preceding fiscal year in 

13 schools and institutions that participate in such 

14 programs. 

15 ‘‘(3) ALLOCATIONS.—Of the amount available 

16 to carry out this section for a fiscal year— 

17 ‘‘(A) for the first 2 fiscal years for which 

18 funding is appropriated to carry out this sec19 tion— 

20 ‘‘(i) 30 percent shall be made avail21 able to carry out subsection (d); 

22 ‘‘(ii) 50 percent shall be made avail23 able to carry out subsection (e); and 

24 ‘‘(iii) 20 percent shall be made avail25 able to carry out subsection (h); and 


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1 ‘‘(B) for any fiscal year after the first 2 

2 fiscal years for which funding is appropriated to 

3 carry out this section— 

4 ‘‘(i) 25 percent shall be made avail5 able to carry out subsection (d); 

6 ‘‘(ii) 60 percent shall be made avail7 able to carry out subsection (f); and 

8 ‘‘(iii) 15 percent shall be made avail9 able to carry out subsection (h). 

10 ‘‘(d) STATE ADMINISTRATION OF TWNN.— 

11 ‘‘(1) AUTHORIZATION OF STATE GRANTS.— 

12 ‘‘(A) IN GENERAL.—From the amount 

13 made available under subsection (c)(3) to carry 

14 out this subsection, the Secretary shall make 

15 grants to States to support technical assistance, 

16 training, and nutrition promotion and edu17 cation. 

18 ‘‘(B) GRANT AMOUNTS.— 

19 ‘‘(i) YEARS ONE AND TWO.— 

20 ‘‘(I) ALLOCATION.—For the first 

21 2 fiscal years for which funds are ap22 propriated to carry out this section, 

23 from the amount made available 

24 under subsection (c)(3)(A)(i), the Sec25 retary shall allocate to each State 


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1 with an approved application a sum 

2 that bears the same ratio to such 

3 amount as the number of students eli4 gible for free or reduced price lunch in 

5 such State for the preceding fiscal 

6 year, bears to the total number of stu7 dents so eligible in all such States for 

8 such fiscal year, except that no State 

9 shall receive an allocation of less than 

10 $250,000 for a fiscal year. 

11 ‘‘(ii) YEAR THREE AND BEYOND.— 

12 ‘‘(I) IN GENERAL.—Beginning 

13 with the third fiscal year for which 

14 funds are appropriated to carry out 

15 this section, from the amount made 

16 available under subsection 

17 (c)(3)(B)(i), the Secretary shall award 

18 a minimum of $250,000 to each State 

19 with an approved application. The re20 mainder of funds available under sub21 section (c)(3)(B)(i), if any, shall be 

22 awarded, on a competitive basis, to 

23 States that demonstrate progress in 

24 carrying out the activities described in 

25 paragraph (d)(4). 


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1 ‘‘(iii) REALLOCATION.—The Secretary 

2 may reallocate any amounts appropriated 

3 under subsection (c)(3)(A)(i) that are not 

4 obligated or expended, as determined by 

5 the Secretary. 

6 ‘‘(iv) SUPPLEMENT, NOT SUP7 PLANT.—Funds made available under this 

8 subsection shall be used to supplement, 

9 and not supplant, State and local funds 

10 that would otherwise be expended to carry 

11 out the activities supported under this sub12 section. 

13 ‘‘(2) STATE APPLICATION.—To be eligible to re14 ceive a grant under this subsection, a State shall 

15 submit to the Secretary an application at such time, 

16 in such manner, and containing such information as 

17 the Secretary may require. 

18 ‘‘(3) STATE USE OF FUNDS.— 

19 ‘‘(A) A State that receives a grant under 

20 this subsection shall establish a comprehensive, 

21 integrated and coordinated State Wellness and 

22 Nutrition Network by— 

23 ‘‘(i) conducting trainings and pro24 viding technical assistance to local edu25 cational agencies, schools, and institutions 


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1 on effective nutrition promotion and edu2 cation policies and programs to improve 

3 child nutrition environments by— 

4 ‘‘(I) promoting and supporting 

5 dietary behaviors consistent with the 

6 Dietary Guidelines for Americans 

7 published under section 301 of the 

8 National Nutrition Monitoring and 

9 Related Research Act of 1990 (7 

10 U.S.C. 5341); 

11 ‘‘(II) supporting the development, 

12 implementation, and assessment of 

13 local wellness policies carried out pur14 suant to section 5 of the Richard B. 

15 Russell National School Lunch Act 

16 (42 U.S.C. 1754) by the local edu17 cational agencies in such State; 

18 ‘‘(III) improving the nutritional 

19 quality of meals and snacks; 

20 ‘‘(IV) increasing participation of 

21 children in child nutrition programs; 

22 or 

23 ‘‘(V) carrying out and dissemi24 nating effective evaluation techniques; 


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1 ‘‘(ii) facilitating networking and infor2 mation sharing within the State; 

3 ‘‘(iii) making available and accessible, 

4 and actively disseminating materials, 

5 trainings, programs, model policies and 

6 other promising practices; and 

7 ‘‘(iv) coordinating and collaborating 

8 with other nutrition education and pro9 motion efforts, such as Supplemental Nu10 trition Assistance Program Education and 

11 coordinated school health programs, across 

12 the State to leverage resources and ensure 

13 children are receiving effective and con14 sistent messages regarding healthy eating 

15 and active living; and 

16 ‘‘(B) allocating grants under subsections 

17 (e) and (f) to local educational agencies to sup18 port nutrition promotion and education. 

19 ‘‘(e) LOCAL EDUCATIONAL AGENCY GRANTS FOR

20 THE FIRST 2 FISCAL YEARS.— 

21 ‘‘(1) AUTHORIZATION OF GRANT PROGRAM.— 

22 ‘‘(A) IN GENERAL.—From the amounts 

23 made available under subsection (c)(3) to carry 

24 out this subsection, a State shall award grants 

25 to local educational agencies participating in 


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1 child nutrition programs under this Act or the 

2 Richard B. Russell National School Lunch Act 

3 (42 U.S.C. 1751 et seq.) to promote and sup4 port healthy eating and physical activity pro5 grams, policies, or initiatives for children that 

6 participate in the child nutrition programs. 

7 ‘‘(B) STATE ALLOCATION FOR LOCAL EDU8 CATIONAL AGENCY GRANTS.—For the first 2 

9 fiscal years for which funds are appropriated to 

10 carry out this subsection, from the amount ap11 propriated under subsection (c)(3)(A)(ii), the 

12 Secretary shall allocate to each State that re13 ceived a grant under subsection (d) a sum that 

14 bears the same ratio to such amount as the 

15 number of students eligible for free or reduced 

16 price lunch in such State for the preceding fis17 cal year, bears to the total number of students 

18 so eligible in all such States for such fiscal 

19 year. 

20 ‘‘(2) STATE DISTRIBUTION OF LOCAL EDU21 CATIONAL AGENCY GRANTS FOR THE FIRST 2 FISCAL

22 YEARS.— 

23 ‘‘(A) ALLOCATION TO LOCAL EDU24 CATIONAL AGENCIES.—A State receiving funds 

25 under this subsection shall award grants to 


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1 each local educational agency in such State with 

2 an approved application, a sum that bears the 

3 same ratio to such amount as the number of 

4 students eligible for free or reduced price lunch 

5 in such local educational agency for the pre6 ceding fiscal year, bears to the total number of 

7 students so eligible in all the local educational 

8 agencies in such State for such fiscal year. 

9 ‘‘(B) REALLOCATION.—If a local edu10 cational agency does not receive a grant under 

11 this subsection, the State shall reallocate such 

12 funds to other local educational agencies in the 

13 State with approved applications. 

14 ‘‘(3) INTERDISCIPLINARY TEAM.—In awarding 

15 grants under this subsection, a State shall establish 

16 an interdisciplinary team that is comprised of State 

17 education and health representatives and chaired by 

18 the State Wellness and Nutrition Network coordi19 nator (or a designee of such coordinator) to review 

20 applications submitted by local educational agencies. 

21 ‘‘(4) LOCAL EDUCATIONAL AGENCY APPLICA22 TION.—To be eligible to receive a grant under this 

23 subsection, a local educational agency shall submit 

24 an application to the interdisciplinary team estab25 lished pursuant to paragraph (3) at such time, in 


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1 such manner, and containing such information as 

2 the interdisciplinary team may require. 

3 ‘‘(5) LOCAL EDUCATIONAL AGENCY USES OF

4 FUNDS.—A local educational agency receiving a 

5 grant under this subsection shall use such funds to 

6 promote and support healthy eating and physical ac7 tivity programs, policies, or initiatives for children 

8 that participate in child nutrition programs, by— 

9 ‘‘(A) carrying out, assessing, or strength10 ening the local wellness policies pursuant to sec11 tion 5 of the Richard B. Russell National 

12 School Lunch Act (42 U.S.C. 1754); 

13 ‘‘(B) improving the nutritional quality of, 

14 participation in, and acceptance of, meals and 

15 snacks; 

16 ‘‘(C) implementing Federal, State, or other 

17 health guidelines, including for nutrition and 

18 physical education; 

19 ‘‘(D) providing regular physical activity; or 

20 ‘‘(E) collaborating and coordinating with 

21 public and private organizations, including com22 munity-based organizations, and State health, 

23 nutrition, and education associations (such as 

24 Supplemental Nutrition Assistance Program 

25 Education, local extension agencies, coordinated 


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1 school health, and the Fresh Fruit and Vege2 table program under section 19 of the Richard 

3 B. Russell School Lunch Act (42 U.S.C. 

4 1769a)) to promote and support healthy eating 

5 and physical activity. 

6 ‘‘(f) STATE DISTRIBUTION OF COMPETITIVE GRANTS

7 BEGINNING WITH THE 3RD FISCAL YEAR.— 

8 ‘‘(1) IN GENERAL.—From the amount allocated 

9 under subsection (c)(3), a State shall award grants, 

10 on a competitive basis, to local educational agencies 

11 and institutions to carry out the programs and ac12 tivities described in subsection (e)(5). 

13 ‘‘(2) STATE ALLOCATION.—From the amount 

14 appropriated under subsection (c)(3)(B)(ii), the Sec15 retary shall allocate to each State that received a 

16 grant under subsection (d) a sum that bears the 

17 same ratio to such amount as the number of stu18 dents eligible for free or reduced price lunch in such 

19 State for the preceding fiscal year, bears to the total 

20 number of students so eligible in all such States for 

21 such fiscal year. 

22 ‘‘(3) STATE USE OF FUNDS.—A State receiving 

23 funds under this subsection shall use such funds to 

24 award grants, on a competitive basis, to local edu25 cational agencies and institutions participating in 


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1 the child nutrition programs under this Act or the 

2 Richard B. Russell National School Lunch Act (42 

3 U.S.C. 1751 et seq.) to carry out programs and ac4 tivities described in subsection (e)(5). 

5 ‘‘(4) APPLICATION.—To be eligible to receive a 

6 grant under this subsection, an applicant shall sub7 mit to the State interdisciplinary team established 

8 pursuant to subsection (e)(3) an application that in9 cludes information about the performance and 

10 progress of such applicant in carrying out the activi11 ties and achieving the goals described in subsection 

12 (e)(5), including an outline of the specific activities, 

13 materials, policies, or programs carried out to fulfill 

14 such activities and goals. 

15 ‘‘(5) GRANT AMOUNT.—In determining the 

16 grant amount to award under this subsection, the 

17 State Wellness and Nutrition Network Coordinator 

18 shall consider the size of a local educational agency 

19 or institution and the proportion of students eligible 

20 for free and reduced priced meals. 

21 ‘‘(g) REPORTING AND EVALUATION REQUIRE22 MENTS.— 

23 ‘‘(1) REPORTS TO STATE WELLNESS AND NU24 TRITION NETWORK COORDINATORS BY GRANT RE25 CIPIENTS.—Each grantee under this section shall 


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1 submit to the State Wellness and Nutrition Network 

2 coordinator a report that describes the progress 

3 made in carrying out the activities and goals de4 scribed in its grant application, including the policies 

5 or programs implemented by the agency. 

6 ‘‘(2) STATE REPORTS TO SECRETARY.—Each 

7 State Wellness and Nutrition Network coordinator 

8 shall submit to the Secretary— 

9 ‘‘(A) a report after the first fiscal year of 

10 the implementation of the grant program under 

11 this subsection that includes— 

12 ‘‘(i) actions that such coordinator 

13 planned and carried out in the preceding 

14 fiscal year to fulfill the State Wellness and 

15 Nutrition Network purpose described in 

16 subsection (d); and 

17 ‘‘(ii) a State needs assessment for 

18 child nutrition education and promotion 

19 throughout the State which may be com20 piled from existing data; and 

21 ‘‘(B) an evaluation after 3 years of the im22 plementation of the grant program under this 

23 subsection, and every 3 years thereafter, that 

24 describes and assesses the programs, policies, 

25 and activities that the State Wellness and NuVerDate Nov 24 2008 02:52 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5090.IH H5090

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1 trition Network and its grantees carried out 

2 under subsections (d), (e), and (f); 

3 ‘‘(3) EVALUATIONS BY SECRETARY.—The Sec4 retary shall conduct an evaluation of the Wellness 

5 and Nutrition Network that includes an overview 

6 of— 

7 ‘‘(A) State nutrition education and pro8 motion activities; 

9 ‘‘(B) activities by grantees under this sub10 section; 

11 ‘‘(C) coordination and collaboration efforts 

12 within and between States; 

13 ‘‘(D) identification of best practices for im14 proving healthy eating by students and pro15 moting physical activity; 

16 ‘‘(E) improvements to school nutrition en17 vironments; and 

18 ‘‘(F) local wellness policies activities. 

19 ‘‘(4) REPORT.—Not later than January 1, 

20 2013, the Secretary shall prepare and submit to the 

21 Committee on Agriculture, Nutrition, and Forestry 

22 of the Senate and the Committee on Education and 

23 Labor of the House of Representatives a report on 

24 the evaluation conducted pursuant to paragraph (3). 

25 ‘‘(h) SECRETARY’S TWNN RESPONSIBILITIES.— 


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1 ‘‘(1) IN GENERAL.—From the amounts appro2 priated under subsection (c)(3)(A)(iii) or 

3 (c)(3)(B)(iii), as applicable, the Secretary shall de4 velop and implement a comprehensive and integrated 

5 national nutrition promotion and education strategy 

6 by carrying out the activities described in paragraph 

7 (2). 

8 ‘‘(2) ACTIVITIES.—In developing and imple9 menting the nutrition promotion and education 

10 strategy described in paragraph (1), the Secretary 

11 shall carry out activities that shall include— 

12 ‘‘(A) developing and disseminating the 

13 Wellness and Nutrition Network materials to 

14 States, local educational agencies, and others 

15 working with child nutrition programs, as ap16 propriate; 

17 ‘‘(B) providing regular communication, 

18 training, technical assistance, and messages to 

19 States; 

20 ‘‘(C) developing, maintaining, and updat21 ing resources including a hotline, website and 

22 other assistance, information, and online train23 ing of best practices and effective strategies for 

24 promoting healthy eating and physical activity, 

25 coordinating with those resources provided 


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1 through section 5(d)(2) of the Richard B. Rus2 sell National School Lunch Act (42 U.S.C. 

3 1751 et seq.); and 

4 ‘‘(D) coordinating with other national, 

5 State, and local nutrition education and pro6 motion efforts. 

7 ‘‘(3) SUBJECT MATTER.—In developing and im8 plementing the nutrition promotion and education 

9 strategy described in paragraph (1), the Secretary 

10 shall address issues such as— 

11 ‘‘(A) effective strategies to promote and 

12 support healthy eating, physical activity, and 

13 positive behavior changes; 

14 ‘‘(B) model policies and programs to im15 prove school nutrition and physical activity en16 vironments; 

17 ‘‘(C) improving the nutritional quality of 

18 school meals, including the healthfulness of 

19 commodities under programs authorized under 

20 this Act and the Richard B. Russell National 

21 School Lunch Act, and foods provided outside 

22 of school meals, such as food provided through 

23 vending machines, a la carte, fundraisers, 

24 school stores, school celebrations, snacks, and 

25 food rewards; 


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1 ‘‘(D) increasing participation in school 

2 meals; and 

3 ‘‘(E) effective evaluation techniques.’’. 

4 SEC. 5. BUDGETARY EFFECTS. 

5 The budgetary effects of this Act, for the purpose of 

6 complying with the Statutory Pay-As-You-Go Act of 2010, 

7 shall be determined by reference to the latest statement 

8 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

9 Act, submitted for printing in the Congressional Record 

10 by the Chairman of the Senate Budget Committee, pro11 vided that such statement has been submitted prior to the 

12 vote on passage. 

Æ 


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