II 

110TH CONGRESS 

1ST SESSION S. 100 

To encourage the health of children in schools by promoting better nutrition 

and increased physical activity, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To encourage the health of children in schools by promoting 

better nutrition and increased 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Healthy Students Act 

5 of 2007’’. 

6 SEC. 2. NUTRITIONAL REQUIREMENTS FOR SCHOOL 

7 LUNCHES AND BREAKFASTS. 

8 (a) DIETARY GUIDELINES.—Section 9(a) of the 

9 Richard B. Russell National School Lunch Act (42 U.S.C. 


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1 1758(a)) is amended by striking paragraph (4) and insert2 ing the following: 

3 ‘‘(4) DIETARY GUIDELINES.— 

4 ‘‘(A) COMMISSION.— 

5 ‘‘(i) IN GENERAL.—The Director of the 

6 Centers for Disease Control and Prevention (re7 ferred to in this paragraph as the ‘Director’) 

8 shall establish a Commission to Improve School 

9 Meals (referred to in this paragraph as the 

10 ‘Commission’). 

11 ‘‘(ii) MEMBERSHIP.—The Director, in con12 sultation with the Secretary, shall appoint 

13 members of the Commission from among indi14 viduals who are nutritionists, pediatricians, or 

15 experts in nutrition and children’s health. 

16 ‘‘(iii) DUTIES.—The Commission shall— 

17 ‘‘(I) review the provisions of the most 

18 recent Dietary Guidelines for Americans 

19 published under section 301 of the Na20 tional Nutrition Monitoring and Related 

21 Research Act of 1990 (7 U.S.C. 5341) 

22 that are relevant for children; 

23 ‘‘(II) evaluate the nutritional and die24 tary needs of school-age children and recVerDate Aug 31 2005 20:44 Jan 06, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S100.IS S100

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1 ommend nutritional standards for estab2 lishing a healthy school nutrition program; 

3 ‘‘(III) not later than 90 days after the 

4 date of enactment of the Healthy Students 

5 Act of 2007, develop new nutritional 

6 standards for the school lunch program 

7 under this Act (including the afterschool 

8 care program under section 17A), the sum9 mer food service program established 

10 under section 13, the child and adult care 

11 food program established under section 17 

12 (other than the program under section 

13 17(o)), and the school breakfast program 

14 established by section 4 of the Child Nutri15 tion Act of 1966 (42 U.S.C. 1773); and 

16 ‘‘(IV) evaluate compliance with and 

17 enforcement of the minimum nutritional 

18 requirements established under subpara19 graph (B). 

20 ‘‘(iv) FOODS OF MINIMAL NUTRITIONAL

21 VALUE.— 

22 ‘‘(I) IN GENERAL.—The Commission 

23 shall update the definition of the term 

24 ‘food of minimal nutritional value’ in sec25 tions 210.11(a)(2) and 220.2(i–1) of title 


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1 7, Code of Federal Regulations (or suc2 cessor regulations). 

3 ‘‘(II) REQUIREMENT.—Nutritional 

4 standards developed under subclause (III) 

5 of clause (iii) shall prohibit food of mini6 mal nutritional value from being included 

7 in school meals described in that sub8 clause. 

9 ‘‘(B) RULES.—Notwithstanding paragraph (2), 

10 subsection (f), and subsections (a) and (b) of section 

11 10 of the Child Nutrition Act of 1966 (42 U.S.C. 

12 1779), not later than 90 days after nutritional 

13 standards are developed under subparagraph 

14 (A)(iii)(III), the Secretary shall promulgate and im15 plement rules, based on the standards, that establish 

16 minimum nutritional requirements for food served 

17 under the programs described in subparagraph 

18 (A)(iii)(III).’’. 

19 (b) COMPUTATION OF ADJUSTMENT.—Section 

20 11(a)(3)(B)(i) of the Richard B. Russell National School 

21 Lunch Act (42 U.S.C. 1759a(a)(3)(B)(i)) is amended— 

22 (1) by striking ‘‘reflect changes’’ and inserting 

23 ‘‘reflect— 

24 ‘‘(I) changes;’’. 


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1 (2) by striking the period at the end and insert2 ing ‘‘; and’’; and 

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

4 ‘‘(I) any increased cost due to 

5 the costs of compliance with minimum 

6 nutritional requirements established 

7 under section 9(a)(4)(B).’’. 

8 SEC. 3. SCHOOL NUTRITION PILOT PROGRAM. 

9 Section 18 of the Richard B. Russell National School 

10 Lunch Act (42 U.S.C. 1769) is amended by adding at the 

11 end the following: 

12 ‘‘(l) SCHOOL NUTRITION PILOT PROGRAM.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall carry 

14 out a pilot program under which the Secretary shall 

15 provide grants to school districts or nonprofit orga16 nizations for schools participating in the school 

17 lunch program under this Act or the school break18 fast program established by section 4 of the Child 

19 Nutrition Act of 1966 (42 U.S.C. 1773) that pro20 mote healthy alternatives for students. 

21 ‘‘(2) USES.—A grant provided under this sub22 section may be used— 

23 ‘‘(A) to provide an alternative of organic 

24 foods in the meals served under programs de25 scribed in paragraph (1) to students; 


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1 ‘‘(B) to promote healthy food education in 

2 the school curriculum; 

3 ‘‘(C) to carry out garden to kitchen or seed 

4 to table programs; or 

5 ‘‘(D) to provide professional development 

6 for teachers to carry out programs that pro7 mote healthy alternatives for students. 

8 ‘‘(3) ADMINISTRATION.—In providing grants 

9 under the pilot program, the Secretary shall give a 

10 preference to programs that promote healthy alter11 natives for students that can be replicated in 

12 schools. 

13 ‘‘(4) STUDY; REPORT.— 

14 ‘‘(A) STUDY.—During the period in which 

15 grant funds are used by schools under this sub16 section, the Secretary shall conduct a study of 

17 the pilot program. 

18 ‘‘(B) REPORT.—Not later than 90 days 

19 after the date on which the study is completed 

20 under subparagraph (A), the Secretary shall 

21 submit to the Committee on Agriculture, Nutri22 tion, and Forestry of the Senate and the Com23 mittee on Agriculture of the House of Rep24 resentatives a report that describes the results 

25 of the study. 


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1 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $5,000,000.’’. 

4 SEC. 4. HEALTHY HOUR PILOT PROGRAM. 

5 (a) DEFINITION OF ELIGIBLE SCHOOL.—In this sec6 tion, the term ‘‘eligible school’’ means an elementary 

7 school or secondary school, as such terms are defined in 

8 section 9101 of the Elementary and Secondary Education 

9 Act of 1965 (20 U.S.C. 7801). 

10 (b) PILOT PROGRAM.—From amounts appropriated 

11 for this section, the Secretary of Education shall award, 

12 on a competitive basis, grants to eligible schools to enable 

13 the eligible schools to carry out Healthy Hour pilot pro14 grams described in subsection (d). 

15 (c) APPLICATION.—An eligible school desiring a 

16 grant under this section shall submit an application to the 

17 Secretary of Education at such time, in such manner, and 

18 containing such information as the Secretary may require. 

19 (d) GRANT ACTIVITIES.—An eligible school receiving 

20 a grant under this section shall use grant funds to carry 

21 out a Healthy Hour pilot program by increasing the length 

22 of each school day by an hour, which hour— 

23 (1) shall be used exclusively for physical activ24 ity; and 


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1 (2) may occur at any time during the school 

2 day. 

3 (e) REPORTS.— 

4 (1) SCHOOL REPORT.—Not later than 90 days 

5 after the last day of the grant period for a grant 

6 under this section, a school receiving a grant under 

7 this section shall prepare and submit a report to the 

8 Secretary of Education regarding the success of the 

9 pilot program assisted by the grant. 

10 (2) SECRETARY REPORT.—Not later than 90 

11 days after receiving all reports described in para12 graph (1), the Secretary of Education shall prepare 

13 and submit to Congress a report regarding the re14 sults of the pilot programs assisted by grants under 

15 this section. 

16 SEC. 5. LOAN FORGIVENESS FOR SCHOOL NURSES. 

17 Part E of title VIII of the Public Health Service Act 

18 (42 U.S.C. 297a et seq.) is amended— 

19 (1) by redesignating sections 842, 846, 846A, 

20 and 810 as sections 840A, 840B, 840D, and 840E, 

21 respectively; and 

22 (2) by inserting after section 840B (as redesig23 nated by paragraph (1)) the following: 


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1 ‘‘SEC. 840C. LOAN FORGIVENESS FOR SCHOOL NURSES. 

2 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

3 program of making payments in accordance with sub4 section (b), for and on behalf of an eligible nurse who en5 ters into an agreement with the Secretary to be employed 

6 as a full-time school nurse in an elementary school or sec7 ondary school for 3 complete school years. 

8 ‘‘(b) PAYMENTS.—The payments described in sub9 section (a) shall be made by the Secretary as follows: 

10 ‘‘(1) Upon completion by the eligible nurse for 

11 whom the payments are to be made of the first year 

12 of employment pursuant to the agreement described 

13 in subsection (a), the Secretary shall pay 30 percent 

14 of the principal of, and the interest on, each quali15 fied loan of such eligible nurse which is outstanding 

16 on the date the eligible nurse began such employ17 ment. 

18 ‘‘(2) Upon completion by the eligible nurse of 

19 the second year of such employment, the Secretary 

20 shall pay another 30 percent of the principal of, and 

21 the interest on, each such loan. 

22 ‘‘(3) Upon completion by the eligible nurse of 

23 the third year of such service, the Secretary shall 

24 pay another 40 percent of the principal of, and the 

25 interest on, each such loan. 


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1 ‘‘(c) LIMITATION.—The total amount paid for and on 

2 behalf of any eligible nurse under the program under this 

3 section shall not exceed $50,000. 

4 ‘‘(d) APPLICATION FOR REPAYMENT.—Each eligible 

5 nurse desiring loan repayment under this section shall 

6 submit to the Secretary an application at such time, in 

7 such manner, and containing such information as the Sec8 retary may require. 

9 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to authorize the refunding of any 

11 repayment of a qualified loan. 

12 ‘‘(f) DEFINITIONS.—In this section: 

13 ‘‘(1) ELEMENTARY SCHOOL; SECONDARY

14 SCHOOL.—The terms ‘elementary school’ and ‘sec15 ondary school’ have the meanings given the terms in 

16 section 9101 of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 7801). 

18 ‘‘(2) ELIGIBLE NURSE.—The term ‘eligible 

19 nurse’ means an individual who— 

20 ‘‘(A) is a registered nurse; 

21 ‘‘(B) has received a baccalaureate degree 

22 in nursing from an accredited collegiate school 

23 of nursing; and 

24 ‘‘(C) has any credential that is required in 

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1 tary school or secondary school by the State in 

2 which the individual is employed pursuant to 

3 the agreement described in subsection (a). 

4 ‘‘(3) QUALIFIED LOAN.—The term ‘qualified 

5 loan’ means a loan from a loan fund established 

6 under this part or any other educational loan for 

7 nurse training costs, including a loan made, insured, 

8 or guaranteed under part B or part D of title IV of 

9 the Higher Education Act of 1965 (20 U.S.C. 1071 

10 et seq., 1087 et seq.). 

11 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated to carry out this section 

13 such sums as may be necessary.’’. 

14 SEC. 6. CONTRIBUTIONS OF GYM EQUIPMENT FOR ELE15 MENTARY AND SECONDARY SCHOOL PUR16 POSES. 

17 (a) IN GENERAL.—Subsection (e) of section 170 of 

18 the Internal Revenue Code of 1986, as amended by the 

19 Pension Protection Act of 2006, is amended by adding at 

20 the end the following new paragraph: 

21 ‘‘(8) SPECIAL RULE FOR CONTRIBUTIONS OF

22 EXERCISE AND GYMNASIUM EQUIPMENT FOR EDU23 CATIONAL PURPOSES.— 

24 ‘‘(A) LIMIT ON REDUCTION.—In the case 

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1 duction under paragraph (1)(A) shall be no 

2 greater than the amount determined under 

3 paragraph (3)(B). 

4 ‘‘(B) QUALIFIED GYMNASIUM CONTRIBU5 TION.—For purposes of this paragraph, the 

6 term ‘qualified gymnasium contribution’ means 

7 a charitable contribution by a corporation of 

8 any exercise or gymnasium equipment, but only 

9 if— 

10 ‘‘(i) the contribution is to— 

11 ‘‘(I) an educational organization 

12 described in subsection (b)(1)(A)(ii), 

13 or 

14 ‘‘(II) an entity described in sec15 tion 501(c)(3) and exempt from tax 

16 under section 501(a) (other than an 

17 entity described in subclause (I)) that 

18 is organized primarily for purposes of 

19 supporting the physical activity of 

20 children attending elementary and 

21 secondary educational institutions, 

22 ‘‘(ii) the contribution is made not 

23 later than 3 years after the date the tax24 payer acquired the property (or in the case 

25 of property constructed by the taxpayer, 


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1 the date the construction of the property is 

2 substantially completed), 

3 ‘‘(iii) the original use of the property 

4 is by the donor or the donee, 

5 ‘‘(iv) the property is not transferred 

6 by the donee in exchange for money, other 

7 property, or services, except for shipping, 

8 installation and transfer costs, 

9 ‘‘(v) the donee’s use and disposition of 

10 the property will be in accordance with the 

11 provisions of clause (iv), and 

12 ‘‘(vi) the property meets such stand13 ards, if any, as the Secretary may pre14 scribe by regulation to assure that the 

15 property meets minimum functionality and 

16 suitability standards. 

17 ‘‘(C) CONTRIBUTION TO PRIVATE FOUNDA18 TION.—A contribution by a corporation of any 

19 exercise or gymnasium equipment to a private 

20 foundation (as defined in section 509) shall be 

21 treated as a qualified gymnasium contribution 

22 for purposes of this paragraph if— 

23 ‘‘(i) the contribution to the private 

24 foundation satisfies the requirements of 


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1 clauses (ii) and (iv) of subparagraph (B), 

2 and 

3 ‘‘(ii) within 30 days after such con4 tribution, the private foundation— 

5 ‘‘(I) contributes the property to a 

6 donee described in clause (i) of sub7 paragraph (B) that satisfies the re8 quirements of clauses (iv) and (v) of 

9 subparagraph (B), and 

10 ‘‘(II) notifies the donor of such 

11 contribution. 

12 ‘‘(D) DONATIONS OF PROPERTY REAC13 QUIRED BY MANUFACTURER.—In the case of 

14 property which is reacquired by the person who 

15 constructed the property— 

16 ‘‘(i) subparagraph (B)(ii) shall be ap17 plied to a contribution of such property by 

18 such person by taking into account the 

19 date that the original construction of the 

20 property was substantially completed, and 

21 ‘‘(ii) subparagraph (B)(iii) shall not 

22 apply to such contribution. 

23 ‘‘(E) SPECIAL RULE RELATING TO CON24 STRUCTION OF PROPERTY.—For the purposes 


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1 of this paragraph, the rules of paragraph (4)(C) 

2 shall apply. 

3 ‘‘(F) DEFINITIONS.—For the purposes of 

4 this paragraph— 

5 ‘‘(i) EXERCISE OR GYMNASIUM EQUIP6 MENT.—The term ‘exercise or gymnasium 

7 equipment’ means equipment used for 

8 physical activity. 

9 ‘‘(ii) CORPORATION.—The term ‘cor10 poration’ has the meaning given to such 

11 term by paragraph (4)(D).’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall apply to contributions made in taxable 

14 years ending after the date of the enactment of this Act. 

Æ 


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