130
(3) the Secretary may reserve not more than 5
percent for administrative expenses regarding parts
3 and 4.
(c) RELATION TO OTHER FUNDS.—The authoriza-
tions of appropriations established in subsection (a) are
in addition to any other authorizations of appropriations
that are available for the purpose described in such sub-
section.
SEC. 113. DEFINITIONS.
(a) COMPREHENSIVE SCHOOL HEALTH EDUCATION
PROGRAM.—For purposes of this subtitle, the term ‘‘com-
prehensive school health education program’’ means a pro-
gram that addresses locally relevant priorities and meets
the following conditions:
(1) The program is sequential, and age and de-
velopmentally appropriate.
(2) The program is provided, in the area served
by the program, every year for all students from kin-
dergarten through grade 12.
(3) The program provides comprehensive health
education, including the following components:
(A) Community health.
(B) Environmental health.
(C) Personal health.
(D) Family life.
131
(E) Growth and development.
(F) Nutritional health.
(G) Prevention and control of diseases, dis-
abilities, and genetic disorders.
(H) Safety, prevention, and treatment of
injuries, including motor vehicle injuries.
(I) Substance abuse, including tobacco and
alcohol use.
(J) Consumer health, including education
to ensure that students understand the benefits
and appropriate use of medical services, includ-
ing immunizations and other clinical preventive
services.
(K) Mental health.
(4) The program promotes personal responsibil-
ity for a healthy lifestyle and provides the knowledge
and skills necessary to adopt a healthy lifestyle, in-
cluding teaching the legal, social, and health con-
sequences of behaviors that pose health risks.
(5) The program is sensitive to cultural and
ethnic issues in the content of instructional mate-
rials and approaches.
(6) The program includes activities that sup-
port instruction.
132
(7) The program includes activities to promote
involvement by parents, families, community organi-
zations, and other appropriate entities.
(8) The program is coordinated with other Fed-
eral, State, and local health education and preven-
tion programs, including such programs under title
XXVII of the Public Health Service Act, and with
other Federal, State and local education programs,
including those carried out under title I of the Ele-
mentary and Secondary Education Act of 1965.
(9) The program focuses on the particular
health concerns of the students in the State, school
district, or school, as the case may be.
(b) OTHER DEFINITIONS.—For purposes of this sub-
title:
(1) The term ‘‘local educational agency’’ has
the meaning given such term in section 1471(12) of
the Elementary and Secondary Education Act of
1965.
(2) The term ‘‘State educational agency’’ has
the meaning given such term in section 1471(23) of
the Elementary and Secondary Education Act of
1965.
133
PART 2—PURPOSES
SEC. 121. PURPOSES.
Subject to the subsequent provisions of this subtitle,
the purposes of this subtitle are as follows:
(1) To support the provision in kindergarten
through grade 12 of sequential, age-appropriate,
comprehensive health education programs that ad-
dress locally relevant priorities.
(2) To establish a national framework within
which States can create comprehensive school health
education programs that—
(A) target the health risk behaviors ac-
counting for the majority of the morbidity and
mortality among youth and adults, including
the following: Tobacco use; alcohol and other
drug abuse; sexual behaviors resulting in infec-
tion with the human immunodeficiency virus, in
other sexually transmitted diseases or in unin-
tended pregnancy; behaviors resulting in inten-
tional and unintentional injuries; dietary pat-
terns resulting in disease; and sedentary life-
styles; and
(B) are integrated with plans and pro-
grams in the State, if any, under title III of the
Goals 2000: Educate America Act and those
targeting health promotion and disease preven-
134
tion goals related to the national health objec-
tives set forth in Healthy People 2000.
(3) To pay the initial costs of planning and es-
tablishing Statewide comprehensive school health
education programs that will be implemented and
maintained with local, State, and other Federal re-
sources.
(4) To support Federal activities such as re-
search and demonstrations, evaluations, and training
and technical assistance regarding comprehensive
school health education.
(5) To motivate youth, especially low-achieving
youth, to stay in school, avoid teen pregnancy, and
strive for success by providing intensive, high-quality
health education programs that include peer-teach-
ing, family, and community involvement.
(6) To improve the knowledge and skills of chil-
dren and youth by integrating academic and experi-
ential learning in health education with other ele-
ments of a comprehensive school health program.
(7) To further the National Education Goals
set forth in title I of the Goals 2000: Educate Amer-
ica Act and the national health objectives set forth
in Healthy People 2000.
135
PART 3—GRANTS TO STATE EDUCATION
AGENCIES
Subpart A—Planning Grants for State Education
Agencies
SEC. 131. APPLICATION FOR GRANT.
(a) IN GENERAL.—Any State educational agency
that wishes to receive a planning grant under this part
shall submit an application to the Secretary of Health and
Human Services, at such time and in such manner as the
Secretary may require.
(b) APPLICATION; JOINT
DEVELOPMENT; CON-
TENTS.—An application under subsection (a) shall be
jointly developed by the State educational agency and the
State health agencies of the State involved, and shall con-
tain the following:
(1) An assessment of the State’s need for com-
prehensive school health education, using goals es-
tablished by the Department of Health and Human
Services and the Department of Education and the
State’s school improvement plan, if any, under title
III of Goals 2000: Educate America Act.
(2) A description of how the State educational
agency will collaborate with the State public health
agency in the planning, development, and implemen-
tation of a comprehensive school health education
136
program in the State, including coordination of ex-
isting health education programs and resources.
(3) A plan to build capacity at the State and
local levels to provide staff development and tech-
nical assistance to local educational agency and local
health agency personnel involved with comprehensive
school health education.
(4) A preliminary plan for evaluating com-
prehensive school health education activities.
(5) Information demonstrating that the State
has established a State-level advisory council whose
membership includes representatives of the State
agencies with principal responsibilities for programs
regarding health, education, and mental health.
(6) A timetable and proposed budget for the
planning process.
(7) Such other information and assurances as
the Secretary may require.
(c) NUMBER OF GRANTS.—States may receive one
planning grant annually and no more than two planning
grants may be awarded to any one State.
SEC. 132. APPROVAL OF SECRETARY.
The Secretary may approve the application of a State
under section 131 if the Secretary determines that—
137
(1) the application meets the requirements of
this part; and
(2) there is a substantial likelihood that the
State will be able to develop and implement a com-
prehensive school health education plan that com-
plies with the requirements of part 2.
SEC. 133. AMOUNT OF GRANT.
For any fiscal year, the minimum grant to any State
under this part is an amount determined by the Secretary
to be necessary to enable the State to conduct the plan-
ning process and the maximum such grant is $500,000.
SEC. 134. AUTHORIZED ACTIVITIES.
A State may use funds received under this part only
for the following:
(1) To establish and carry out the State plan-
ning process.
(2) To conduct Statewide or sub-State regional
coordination and collaboration activities for local
educational agencies, local health agencies, schools
of public health, departments of preventive health or
community medicine, and other agencies and organi-
zations, as appropriate.
(3) To conduct activities to build capacity to
provide staff development and technical assistance
services to local educational agency and local health
138
agency personnel involved with comprehensive school
health education.
(4) To develop student learning objectives and
assessment instruments.
(5) To work with State and local health agen-
cies and State and local educational agencies to re-
duce barriers to the implementation of comprehen-
sive school health education programs in schools.
(6) To prepare the plan required to receive an
implementation grant under part 2.
(7) To adopt, validate, and disseminate curricu-
lum models and program strategies, if the Secretary
determines that such activities are necessary to
achieving the objectives of the State’s program.
Subpart B—Implementation Grants for State
Education Agencies
SEC. 141. APPLICATION FOR GRANT.
(a) IN GENERAL.—Any State that wishes to receive
an implementation grant under this part shall submit an
application to the Secretary of Health and Human Serv-
ices, at such time, in such manner, and containing such
information and assurances as the Secretary may require.
(b) APPLICATION AND STATE PLAN; JOINT DEVEL-
OPMENT; CONTENTS.—An application under subsection
(a) shall be jointly developed by the State educational
139
agency and the State health agencies of the State involved,
and shall include a State plan for comprehensive school
health education programs (as defined in section 113) that
describes the following:
(1) The State’s goals and objectives for those
programs.
(2) How the State will allocate funds to local
educational agencies in accordance with section 144.
(3) How the State will coordinate programs
under this part with other local, State and Federal
health education programs.
(4) How comprehensive school health education
programs will be coordinated with other local, State
and Federal education programs, such as programs
under title I of the Elementary and Secondary Edu-
cation Act of 1965, with the State’s school improve-
ment plan, if any, under title III of the Goals 2000:
Educate America Act, and with any similar pro-
grams.
(5) How the State has worked with State and
local education agencies and with State and local
health agencies to reduce barriers to implementing
comprehensive school health education programs.
140
(6) How the State will monitor the implementa-
tion and effectiveness of such programs by local edu-
cational agencies.
(7) How the State will build capacity for profes-
sional development of health educators and the re-
gional deployment and employment of such edu-
cators.
(8) How the State will provide staff develop-
ment and technical assistance to local educational
agencies.
(9) The respective roles of the State educational
agency, local educational agencies, the State health
agency, and the local health agencies in developing
and implementing such school health education pro-
grams.
(10) How such school health education pro-
grams will be tailored to the extent practicable to be
culturally and linguistically sensitive and responsive
to the various needs of the students served, includ-
ing individuals with disabilities, and individuals from
disadvantaged backgrounds (including racial and
ethnic minorities).
(11) How the State will evaluate and report on
the State’s progress toward attaining the goals and
objectives described in paragraph (1).
141
SEC. 142. SELECTION OF GRANTEES.
(a) SELECTION OF GRANTEES.—The Secretary shall
establish criteria for the competitive selection of grantees
under this part.
(b) OPPORTUNITY FOR PLANNING GRANT.—If the
Secretary does not approve a State’s application under
this part and determines that the State could benefit from
a planning grant under part 1, the Secretary shall inform
the State of any planning grant funds that may be avail-
able to it under part 1, subject to section 131(c).
SEC. 143. AMOUNT OF GRANT.
(a) IN GENERAL.—For any fiscal year, the minimum
grant to any State under this part is an amount deter-
mined by the Secretary to be necessary to enable the State
to conduct the implementation process.
(b) CRITERIA.—In determining the amount of any
such grant, the Secretary may consider such factors as
the number of children enrolled in schools in the State,
the number of school-aged children living in poverty in the
State, and the scope and quality of the State’s plan.
SEC. 144. AUTHORIZED ACTIVITIES; LIMITATION ON ADMIN-
ISTRATIVE COSTS.
(a) SUBGRANTS
TO LOCAL EDUCATIONAL AGEN-
CIES.—Each State that receives funds under this part for
any fiscal year shall retain not more than 75 percent of
those funds in the first year, 50 percent of those funds
142
in the second and third years, and 25 percent of those
funds in each succeeding year. Those funds not retained
by the State shall be used to make grants to local edu-
cational agencies in accordance with section 145.
b) STATE-LEVEL ACTIVITIES.—Each State shall use
retained funds for any fiscal year for the following pur-
poses:
(1) To conduct Statewide or sub-State regional
coordination and collaboration activities.
(2) To adapt, validate, or disseminate program
models or strategies for comprehensive school health
education.
(3) To build capacity to deliver staff develop-
ment and technical assistance services to local edu-
cational agencies, and State and local health agen-
cies.
(4) To promote program activities involving
families and coordinating program activities with
community groups and agencies.
(5) To evaluate and report to the Secretary on
the progress made toward attaining the goals and
objectives described in section 131(b)(1).
(6) To conduct such other activities to achieve
the objectives of this part as the Secretary may by
regulation authorize.
143
(c) STATE ADMINISTRATION.—Of the amounts re-
ceived by a State for a fiscal year under this part and
remaining after any grants to local educational agencies
made from such amounts, the State may use up to 10
percent for the costs of administering such amounts, in-
cluding the activities of the State advisory council and
monitoring the performance of local educational agencies.
SEC. 145. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) APPLICATION
FOR
GRANT.—Any local edu-
cational agency that wishes to receive a grant under this
part shall submit an application to the State, containing
such information and assurances as the State may require,
including a description of the following:
(1) The local educational agency’s goals and ob-
jectives for comprehensive school health education
programs.
(2) How the local educational agency will con-
centrate funds in high-need schools and provide suf-
ficient funds to targeted schools to ensure the imple-
mentation of comprehensive programs.
(3) How the local educational agency will mon-
itor the implementation of these programs.
(4) How the local educational agency will en-
sure that school health education programs are tai-
lored to the extent practicable to be culturally and
144
linguistically sensitive and responsive to the various
needs of the students served, including individuals
with disabilities, and individuals from disadvantaged
backgrounds (including racial and ethnic minorities).
(5) How the local educational agency, in con-
sultation with the local health agency, will evaluate
and report on its progress toward attaining the goals
and objectives described in paragraph (1).
(b) SELECTION OF SUBGRANTEES.—Each State shall
give priority to applications from local educational agen-
cies serving areas with high needs, as indicated by criteria
developed by the State, which shall include, but need not
be limited to, high rates of any of the following:
(1) Poverty among school-aged youth.
(2) Births to adolescents.
(3) Sexually transmitted diseases among school-
aged youth.
(4) Drug and alcohol use among school-aged
youth.
(5) Violence among school-aged youth.
(6) Obesity in school-aged youth.
(c) AUTHORIZED
ACTIVITIES.—Each local edu-
cational agency that receives a grant under this part shall
use the grant funds to implement comprehensive school
health education programs, as defined in section 113. The
145
purposes for which the grant may be expended include
compensating individuals who teach such programs.
Subpart C—State and Local Reports
SEC. 151. STATE AND LOCAL REPORTS.
(a) STATE REPORTS.—Each State that receives a
grant under this part shall collect and submit to the Sec-
retary such data and other information on State and local
programs as the Secretary may require.
(b) IN GENERAL.—Each local educational agency
that receives a grant under part 2 shall collect and report
to the State such data and other information as the Sec-
retary may require.
PART 4—GRANTS TO CERTAIN LOCAL
EDUCATIONAL AGENCIES
Subpart A—Eligibility
SEC. 161. SUBSTANTIAL NEED OF AREA SERVED BY
AGENCY.
Any local educational agency is eligible for a grant
under this part for any fiscal year if—
(1) the agency enrolls at least 25,000 students;
and
(2) the geographic area served by the agency
has a substantial need for such a grant, relative to
other geographic areas in the United States.
146
Subpart B—Planning Grants for Local Education
Agencies
SEC. 171. APPLICATION FOR GRANT.
(a) IN GENERAL.—Any local educational agency that
wishes to receive a planning grant under this part shall
submit an application to the Secretary of Health and
Human Services at such time and in such manner as the
Secretary may require.
(b) STATE EDUCATIONAL AGENCY REVIEW.—Each
such local educational agency, before submitting its appli-
cation to the Secretary, shall submit the application to the
State educational agency for comment by such agency and
by the State health agencies of the State.
(c) CONTENTS OF APPLICATIONS.—Each such appli-
cation shall contain the following:
(1) An assessment of the local educational
agency’s need for comprehensive school health edu-
cation, using goals established by the Department of
Health and Human Services and the Department of
Education, as well as local health and education
strategies, such as State school improvement plans,
if any, under title III of the Goals 2000: Educate
America Act.
(2) Information demonstrating that the local
educational agency has established or selected a
community-level advisory council, which shall include
147
representatives of relevant community agencies such
as those that administer education, child nutrition,
health, and mental health programs.
(3) A description of how the local educational
agency will collaborate with the State educational
agency, the State health agency, and the local health
agency in the planning and development of a com-
prehensive school health education program in the
local educational agency, including coordination of
existing health education programs and resources.
(4) A plan to build capacity at the local edu-
cational agency to provide staff development and
technical assistance to local educational agency and
local health agency personnel involved with com-
prehensive school health education.
(5) A preliminary plan for evaluating com-
prehensive school health education activities.
(6) A timetable and proposed budget for the
planning process.
(7) Such other information and assurances as
the Secretary may require.
(d) NUMBER OF GRANTS.—Local educational agen-
cies may receive at a maximum two annual planning
grants.
148
SEC. 172. SELECTION OF GRANTEES.
(a) SELECTION CRITERIA.—The Secretary shall es-
tablish criteria for the competitive selection of grantees
under this part.
(b) LIMITATION.—The Secretary shall not approve
an application from a local educational agency in a State
that has an approved plan under part 1 or 2 of subtitle
C of this title unless the Secretary determines, after con-
sultation with the State that the local application is con-
sistent with the State plan, if one exists.
SEC. 173. AMOUNT OF GRANT.
For any fiscal year, the minimum grant to any local
educational agency under this part is an amount deter-
mined by the Secretary to be necessary to enable the local
educational agency to conduct the planning process, and
the maximum such grant is $500,000.
SEC. 174. AUTHORIZED ACTIVITIES.
A local educational agency may use funds received
under this part only for the following:
(1) To establish and carry out the local edu-
cational agency planning process.
(2) To undertake joint training, staffing, ad-
ministration, and other coordination and collabora-
tion activities for local educational agencies, local
health agencies, and other agencies and organiza-
tions, as appropriate.
149
(3) To conduct activities to build capacity to
provide staff development and technical assistance
services to local educational agency and local health
agency personnel involved with comprehensive school
health education.
(4) To develop student learning objectives and
assessment instruments.
(5) To work with State and local health agen-
cies and State educational agencies to reduce bar-
riers to the implementation of comprehensive school
health education programs in schools, by, for exam-
ple, ensuring that adequate time is a available dur-
ing the school day for such programs.
(6) To prepare the plan required to receive an
implementation grant under part 3.
Subpart C—Implementation Grants for Local
Educational Agencies
SEC. 181. APPLICATION FOR GRANT.
(a) IN GENERAL.—Any local educational agency that
wishes to receive an implementation grant under this part
shall submit an application to the Secretary of Health and
Human Services, at such time, in such manner, and con-
taining such information and assurances as the Secretary
may require.
150
(b) STATE EDUCATIONAL AGENCY REVIEW.—Each
such local educational agency shall submit its application
to the State educational agency for comment before sub-
mitting it to the Secretary.
(c) LOCAL EDUCATIONAL AGENCY PLAN.—Each
such application shall include a local educational agency
plan for comprehensive school health education programs
(as defined in section 113) that describes the following:
(1) The local educational agency’s goals and ob-
jectives for those programs.
(2) How the local educational agency will co-
ordinate programs under this part with other local,
State and Federal health education programs.
(3) How comprehensive school health education
programs will be coordinated with other local, State
and Federal education programs, such as programs
under title I of the Elementary and Secondary Edu-
cation Act of 1965, and with State’s school improve-
ment plan, if any, under title III of the Goals 2000:
Educate America Act.
(4) How the local educational agency has
worked with State educational agencies and with
State and local health agencies to reduce barriers to
implementing comprehensive school health education
programs.
151
(5) How local educational agencies will monitor
the implementation of such programs.
(6) How the local educational agency, in con-
sultation with the State educational agency and
State and local health agencies and in conjunction
with other local professional development activities,
will build capacity for professional development of
health educators.
(7) How the local educational agency, in con-
sultation with the State educational agency and
State and local health agencies, will provide staff de-
velopment and technical assistance.
(8) The respective roles of the State educational
agency, local educational agencies, the State health
agency, and the local health agencies in developing
and implementing such school health education pro-
grams.
(9) How such school health education programs
will be tailored to the extent practicable to be cul-
turally and linguistically sensitive and responsive to
the various needs of the students served, including
individuals with disabilities, and individuals from
disadvantaged backgrounds (including racial and
ethnic minorities).
152
(10) How the local educational agency, in con-
sultation with the local health agency, will evaluate
and report on the local educational agency’s progress
toward attaining the goals and objectives described
in paragraph (1).
SEC. 182. SELECTION OF GRANTEES.
(a) SELECTION OF GRANTEES.—The Secretary shall
establish criteria for the competitive selection of grantees
under this part.
(b) LIMITATION.—The Secretary shall not approve
an application from a local educational agency in a State
that has an approved plan under part 1 or 2 of subtitle
C unless the Secretary determines, after consultation with
the State that the local application is consistent with such
State plan.
(c) OPPORTUNITY FOR PLANNING GRANT.—If the
Secretary does not approve a local educational agency’s
application under this part and determines that the local
educational agency could benefit from a planning grant
under part 2, the Secretary shall inform the local edu-
cational agency of any planning grant funds that may be
available to it under part 2, subject to section 171(d).
SEC. 183. AMOUNT OF GRANT.
(a) IN GENERAL.—For any fiscal year, the minimum
grant to any local educational agency under this part is
153
an amount determined by the Secretary to be necessary
to enable the local educational agency to conduct the im-
plementation process.
(b) CRITERIA.—In determining the amount of any
such grant, the Secretary may consider such factors as
the number of children enrolled in schools in the local edu-
cational agency, the number of school-aged children living
in poverty in the local educational agency, and the scope
and quality of the local educational agency’s plan.
SEC. 184. AUTHORIZED ACTIVITIES.
Each local educational agency that receives a grant
under this part shall use the grant funds as follows:
(1) To implement comprehensive school health
education programs, as defined in section 113.
(2) To conduct local or regional coordination
and collaboration activities.
(3) To provide staff development and technical
assistance to schools, local health agencies, and
other community agencies involved in providing com-
prehensive school health education programs.
(4) To administer the program and monitor
program implementation at the local level.
(5) To evaluate and report to the Secretary on
the local educational agency’s progress toward at-
154
taining the goals and objectives described in section
181(c)(1).
(6) To conduct such other activities as the Sec-
retary may by regulation authorize.
SEC. 185. REPORTS.
Each local educational agency that receives a grant
under this part shall collect and report to the Secretary
and the State such data and other information as the Sec-
retary may require.
TITLE II—AMENDMENTS TO IN-
TERNAL REVENUE CODE OF
1986
SEC. 201. DISALLOWANCE OF DEDUCTION FOR CERTAIN
ADVERTISING 
EXPENSES 
FOR 
TOBACCO
PRODUCTS OR ALCOHOLIC BEVERAGES.
(a) DEDUCTION DISALLOWED.—Part IX of sub-
chapter B of chapter 1 of the Internal Revenue Code of
1986 (relating to items not deductible) is amended by add-
ing at the end thereof the following new section:
‘‘SEC. 280I. DISALLOWANCE OF DEDUCTION FOR CERTAIN
ADVERTISING 
EXPENSES 
FOR 
TOBACCO
PRODUCTS OR ALCOHOLIC BEVERAGES.
‘‘(a) IN GENERAL.—No deduction otherwise allow-
able under this chapter shall be allowed for any amount
155
paid or incurred to advertise any tobacco product or
alcoholic beverage—
‘‘(1) on television or radio,
‘‘(2) in any newspaper, magazine, or other peri-
odical,
‘‘(3) on any billboard, poster, sign, decal, or
matchbook,
‘‘(4) through promotion allowances, premiums,
or samples, or
‘‘(5) through any means of private advertising.
‘‘(b) DEFINITIONS.—For purposes of this section—
‘‘(1) TOBACCO PRODUCT.—The term ‘tobacco
product’ means any cigarette, cigar, smokeless to-
bacco, pipe tobacco, or similar tobacco product. For
purposes of the preceding sentence, the terms ‘ciga-
rette’, ‘cigar’, and ‘smokeless tobacco’ have the re-
spective meanings given to such terms by section
5702.
‘‘(2) ALCOHOLIC BEVERAGE.—The term ‘alco-
holic beverage’ means any beverage which is subject
to tax under subpart A, C, or D of part I of
subchapter A of chapter 51 (relating to taxes on
distilled spirits, wines, and beer).’’.
156
(b) CONFORMING AMENDMENT.—The table of sec-
tions for such part IX is amended by adding at the end
thereof the following new item:
‘‘Sec. 280I. Disallowance of deduction for certain advertising ex-
penses for tobacco products or alcoholic beverages.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to amounts paid or incurred after
the date of the enactment of this Act in taxable years end-
ing after such date.
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