I 

111TH CONGRESS 

2D SESSION H. R. 5113 

To amend the Child Nutrition Act of 1966 to establish the Healthy Habits 

School Challenge Program to reduce childhood obesity by recognizing 

schools that are creating healthier school environments for children by 

promoting good nutrition and physical activity, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2010 

Mrs. DAHLKEMPER introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To amend the Child Nutrition Act of 1966 to establish 

the Healthy Habits School Challenge Program to reduce 

childhood obesity by recognizing schools that are creating 

healthier school environments for children by promoting 

good nutrition and physical activity, 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. LOCAL WELLNESS POLICY; HEALTHY HABITS 

2 CHALLENGE PROGRAM. 

3 The Child Nutrition Act of 1966 (42 U.S.C. 1771 

4 et seq.) is amended by inserting after section 19, the fol5 lowing: 

6 ‘‘SEC. 19A. LOCAL WELLNESS POLICY; HEALTHY HABITS 

7 CHALLENGE PROGRAM. 

8 ‘‘(a) LOCAL WELLNESS POLICY.— 

9 ‘‘(1) IN GENERAL.—Not later than the first day 

10 of the school year beginning after June 30, 2010, 

11 each local educational agency participating in a pro12 gram authorized by the Richard B. Russell National 

13 School Lunch Act (42 U.S.C. 1751 et seq.) or the 

14 Child Nutrition Act of 1966 (42 U.S.C. 1771 et 

15 seq.) shall establish or expand a local school wellness 

16 policy for schools under the local educational agency 

17 that, at a minimum— 

18 ‘‘(A) includes goals for nutrition education, 

19 physical activity, and other school-based activi20 ties that are designed to promote student 

21 wellness in a manner that the local educational 

22 agency determines is appropriate; 

23 ‘‘(B) includes nutrition guidelines selected 

24 by the local educational agency for all foods 

25 available on each school campus under the local 

26 educational agency during the school day with 


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1 the objectives of promoting student health and 

2 reducing childhood obesity; 

3 ‘‘(C) provides an assurance that guidelines 

4 for reimbursable school meals shall not be less 

5 restrictive than regulations and guidance issued 

6 by the Secretary pursuant to subsections (a) 

7 and (b) of section 10 of this Act and sections 

8 9(f)(1) and 17(a) of the Richard B. Russell Na9 tional School Lunch Act (42 U.S.C. 1758(f)(1), 

10 1766(a)), as those regulations and guidance 

11 apply to schools; 

12 ‘‘(D) establishes a plan for measuring im13 plementation of the local wellness policy, includ14 ing designation of 1 or more persons within the 

15 local educational agency or at each school, as 

16 appropriate, charged with operational responsi17 bility for ensuring that the school meets the 

18 local wellness policy; and 

19 ‘‘(E) involves parents, students, represent20 atives of the school food authority, the school 

21 board, school administrators, and the public in 

22 the development of the school wellness policy. 

23 ‘‘(2) TECHNICAL ASSISTANCE AND BEST PRAC24 TICES.— 


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1 ‘‘(A) IN GENERAL.—From the amounts 

2 appropriated to carry out this paragraph, the 

3 Secretary, in coordination with the Secretary of 

4 Education and in consultation with the Sec5 retary of Health and Human Services, acting 

6 through the Centers for Disease Control and 

7 Prevention, shall make available to local edu8 cational agencies, school food authorities, and 

9 State educational agencies, on request, informa10 tion and technical assistance for use in— 

11 ‘‘(i) establishing healthy school nutri12 tion environments; 

13 ‘‘(ii) reducing childhood obesity; and 

14 ‘‘(iii) preventing diet-related chronic 

15 diseases. 

16 ‘‘(B) CONTENT.—Technical assistance pro17 vided by the Secretary under this paragraph 

18 shall— 

19 ‘‘(i) include relevant and applicable 

20 examples of schools and local educational 

21 agencies that have taken steps to offer 

22 healthy options for foods sold or served in 

23 schools; 

24 ‘‘(ii) include such other technical as25 sistance as is required to carry out the 


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1 goals of promoting sound nutrition and es2 tablishing healthy school nutrition environ3 ments that are consistent with this sub4 section; 

5 ‘‘(iii) be provided in such a manner as 

6 to be consistent with the specific needs and 

7 requirements of local educational agencies; 

8 ‘‘(iv) providing examples of model 

9 local school wellness policies developed by 

10 the Secretary; and 

11 ‘‘(v) be for guidance purposes only 

12 and not be construed as binding or as a 

13 mandate to schools, local educational agen14 cies, school food authorities, or State edu15 cational agencies. 

16 ‘‘(b) HEALTHY HABITS SCHOOL CHALLENGE PRO17 GRAM.— 

18 ‘‘(1) PROGRAM ESTABLISHED.—From the 

19 amounts appropriated to carry out this section, not 

20 later than 180 days after the date of the enactment 

21 of this section, the Secretary shall establish the 

22 Healthy Habits School Challenge Program (in this 

23 subsection referred to as the ‘Program’) to reduce 

24 childhood obesity by recognizing schools that are 


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1 creating healthier school environments for children 

2 by promoting good nutrition and physical activity. 

3 ‘‘(2) PARTICIPATION REQUIREMENTS.—In order 

4 to receive recognition under the Program, a school 

5 shall— 

6 ‘‘(A) demonstrate to the Secretary, at such 

7 time and in such manner as the Secretary may 

8 require, that the school— 

9 ‘‘(i) has adopted and is carrying out 

10 the model local school wellness policy de11 scribed by the Secretary under subsection 

12 (a)(2)(B)(iv); 

13 ‘‘(ii) provides nutrition education— 

14 ‘‘(I) in the case of an elementary 

15 school that offers more than 1 grade 

16 level, to students in at least half, but 

17 not fewer than 2, of the grade levels 

18 offered by the school; 

19 ‘‘(II) in the case an elementary 

20 school that offers only 1 grade level, 

21 to all students enrolled in the school; 

22 ‘‘(III) in the case of a middle 

23 school, to students in at least 1 grade 

24 level as part of a required year round 

25 instruction; and 


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1 ‘‘(IV) in the case of a high 

2 school, in at least 2 courses required 

3 for graduation; 

4 ‘‘(iii) in the case of an elementary 

5 school or middle school, provides students 

6 with structured physical education classes 

7 and unstructured daily opportunities for 

8 physical activity; 

9 ‘‘(iv) in the case of a high school— 

10 ‘‘(I) offers structured physical 

11 education classes to students in at 

12 least 2 grade levels; and 

13 ‘‘(II) provides all students en14 rolled in the school opportunities to 

15 participate in physical activity 

16 throughout the school year; and 

17 ‘‘(v) adheres to the most recent nutri18 tion rules promulgated by the Secretary— 

19 ‘‘(I) under section 9(a)(4) of the 

20 Richard B. Russell National School 

21 Lunch Act (42 U.S.C. 1758(a)(4)) for 

22 foods and food ingredients offered in 

23 school nutrition programs under the 

24 Richard B. Russell National School 


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1 Lunch Act (42 U.S.C. 1751 et seq.) 

2 and this Act; and 

3 ‘‘(II) for foods and food ingredi4 ents offered by schools outside of the 

5 programs; and 

6 ‘‘(B) maintain a record of the participation 

7 of students in the activities under the bench8 marks developed by the Secretary under para9 graph (3) and the number of the benchmarks 

10 achieved by the school, and submit a report of 

11 such record to the Secretary at such time and 

12 in such manner as the Secretary may require. 

13 ‘‘(3) BENCHMARKS.—Not later than 90 days 

14 after the date of the enactment of this subsection, 

15 the Secretary shall develop demonstrable bench16 marks for schools participating in the Program 

17 under this subsection, which shall take into ac18 count— 

19 ‘‘(A) the consumption by students at par20 ticipating schools of a certain number of fresh 

21 fruits and vegetables per a certain number of 

22 weeks; and 

23 ‘‘(B) the availability of healthy alternatives 

24 for meals and snacks in the cafeteria of particiVerDate Nov 24 2008 19:13 Apr 23, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5113.IH H5113

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1 pating schools, including whole wheat bread 

2 products and fresh fruits and vegetables. 

3 ‘‘(4) PERFORMANCE AWARDS.—The Secretary 

4 and the Secretary of Education shall, jointly, deter5 mine which benchmarks should be achieved to re6 ceive distinction under the Program, and the levels 

7 of distinction available under the Program. 

8 ‘‘(5) DEFINITIONS.—In this subsection: 

9 ‘‘(A) ELEMENTARY SCHOOL.—The term 

10 ‘elementary school’ has the meaning given such 

11 term in section 9101 of the Elementary and 

12 Secondary Education Act of 1965 (20 U.S.C. 

13 7801). 

14 ‘‘(B) MIDDLE SCHOOL.—The term ‘middle 

15 school’ means a public school in which the en16 tering grade is not lower than grade 6 and the 

17 highest grade is not higher than grade 8, as de18 termined under State law. 

19 ‘‘(C) HIGH SCHOOL.—The term ‘high 

20 school’ means a public school in which the en21 tering grade is not lower than grade 9 and the 

22 highest grade is grade 12, as determined under 

23 State law.’’. 


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1 SEC. 2. UPDATING NUTRITION RULES. 

2 Section 9(a)(4) of the Richard B. Russell National 

3 School Lunch Act (42 U.S.C. 1758(a)(4)) is amended by 

4 adding at the end the following: 

5 ‘‘(C) UPDATING NUTRITION RULES.— 

6 From the amounts appropriated to carry out 

7 this subparagraph, the Secretary shall enter 

8 into a contract with the Institute of Medicine to 

9 provide recommendations to the Secretary on 

10 updating the rules promulgated under subpara11 graph (B).’’. 

12 SEC. 3. CONFORMING AMENDMENT. 

13 Section 204 of the Child Nutrition and WIC Reau14 thorization Act of 2004 (42 U.S.C. 1751 note; Public Law 

15 108–265) is repealed. 

Æ 


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