(15) children spend many waking hours at 
school and therefore need to be active during the 
school day to meet the recommendations of the 
Physical Activity Guidelines for Americans; and 
(16) as of the date of enactment of this Act— 
(A) only 3.8 percent of elementary schools, 
7.9 percent of middle schools, and 2.1 percent 
of high schools provide daily physical education 
or the equivalent for the entire school year; and 
(B) 22 percent of schools do not require 
students to take any physical education at all. 
SEC. 3. LOCAL WELLNESS POLICIES. 
(a) IN GENERAL.—Section 5 of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1754) is 
amended to read as follows: 
‘‘SEC. 5. LOCAL WELLNESS POLICIES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) EXTENDED SCHOOL DAY.—The term ‘ex-
tended school day’ means— 
‘‘(A) the official school day; and 
‘‘(B) the time before and after the official 
school day during which events or activities are 
primarily under the control of the school or a 
third party on behalf of the school. 
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‘‘(2) LOCAL
WELLNESS
POLICY.—The term 
‘local wellness policy’ means a nutrition and physical 
activity wellness policy of a local educational agency 
established under section 204 of the Child Nutrition 
and WIC Reauthorization Act of 2004 (42 U.S.C. 
1751 note; Public Law 108–265). 
‘‘(b) REQUIREMENTS.—Not later than the first day 
of the school year beginning 1 year after the date of enact-
ment of the NEW Schools Act, each local educational 
agency participating in a program authorized by this Act 
or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
seq.) shall strengthen the local school wellness policy of 
the local educational agency by ensuring, at a minimum, 
that the policy— 
‘‘(1) includes goals for nutrition promotion and 
education, physical education, physical activity, food 
marketing and advertising on the school campus, 
and other school-based activities designed to promote 
participation in child nutrition programs and stu-
dent wellness through the extended school day, in a 
manner that the local educational agency determines 
to be appropriate; 
‘‘(2) includes an implementation plan to achieve 
the goals of the local wellness policy; 
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‘‘(3) ensures that guidelines for reimbursable 
school meals are not less restrictive than regulations 
and guidance issued by the Secretary pursuant to 
subsections (a) and (b) of section 10 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1779) and sec-
tions 9(f)(1) and 17(a) of this Act, as those regula-
tions and guidance apply to schools; 
‘‘(4) ensures that nutritional guidelines for 
foods and beverages sold in schools that are not part 
of reimbursable school meals are in compliance with 
the standards established by the Secretary; and 
‘‘(5) includes a plan for measuring implementa-
tion of the local wellness policy, including the des-
ignation of a local wellness policy committee under 
subsection (d). 
‘‘(c) TRANSPARENCY.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, each local educational agency shall make read-
ily available and widely disseminate to relevant 
stakeholders— 
‘‘(A) the local wellness policy of the local 
education agency, including the implementation 
plan described in subsection (b)(5); 
‘‘(B) any assessments of the implementa-
tion of the local wellness policy; 
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