creating healthier school environments for children 
by promoting good nutrition and physical activity. 
‘‘(2) PARTICIPATION REQUIREMENTS.—In order 
to receive recognition under the Program, a school 
shall— 
‘‘(A) demonstrate to the Secretary, at such 
time and in such manner as the Secretary may 
require, that the school— 
‘‘(i) has adopted and is carrying out 
the model local school wellness policy de-
scribed by the Secretary under subsection 
(a)(2)(B)(iv); 
‘‘(ii) provides nutrition education— 
‘‘(I) in the case of an elementary 
school that offers more than 1 grade 
level, to students in at least half, but 
not fewer than 2, of the grade levels 
offered by the school; 
‘‘(II) in the case an elementary 
school that offers only 1 grade level, 
to all students enrolled in the school; 
‘‘(III) in the case of a middle 
school, to students in at least 1 grade 
level as part of a required year round 
instruction; and 
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‘‘(IV) in the case of a high 
school, in at least 2 courses required 
for graduation; 
‘‘(iii) in the case of an elementary 
school or middle school, provides students 
with structured physical education classes 
and unstructured daily opportunities for 
physical activity; 
‘‘(iv) in the case of a high school— 
‘‘(I) offers structured physical 
education classes to students in at 
least 2 grade levels; and 
‘‘(II) provides all students en-
rolled in the school opportunities to 
participate 
in 
physical 
activity 
throughout the school year; and 
‘‘(v) adheres to the most recent nutri-
tion rules promulgated by the Secretary— 
‘‘(I) under section 9(a)(4) of the 
Richard B. Russell National School 
Lunch Act (42 U.S.C. 1758(a)(4)) for 
foods and food ingredients offered in 
school nutrition programs under the 
Richard B. Russell National School 
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Lunch Act (42 U.S.C. 1751 et seq.) 
and this Act; and 
‘‘(II) for foods and food ingredi-
ents offered by schools outside of the 
programs; and 
‘‘(B) maintain a record of the participation 
of students in the activities under the bench-
marks developed by the Secretary under para-
graph (3) and the number of the benchmarks 
achieved by the school, and submit a report of 
such record to the Secretary at such time and 
in such manner as the Secretary may require. 
‘‘(3) BENCHMARKS.—Not later than 90 days 
after the date of the enactment of this subsection, 
the Secretary shall develop demonstrable bench-
marks for schools participating in the Program 
under this subsection, which shall take into ac-
count— 
‘‘(A) the consumption by students at par-
ticipating schools of a certain number of fresh 
fruits and vegetables per a certain number of 
weeks; and 
‘‘(B) the availability of healthy alternatives 
for meals and snacks in the cafeteria of partici-
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pating schools, including whole wheat bread 
products and fresh fruits and vegetables. 
‘‘(4) PERFORMANCE
AWARDS.—The Secretary 
and the Secretary of Education shall, jointly, deter-
mine which benchmarks should be achieved to re-
ceive distinction under the Program, and the levels 
of distinction available under the Program. 
‘‘(5) DEFINITIONS.—In this subsection: 
‘‘(A) ELEMENTARY
SCHOOL.—The term 
‘elementary school’ has the meaning given such 
term in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801). 
‘‘(B) MIDDLE SCHOOL.—The term ‘middle 
school’ means a public school in which the en-
tering grade is not lower than grade 6 and the 
highest grade is not higher than grade 8, as de-
termined under State law. 
‘‘(C) HIGH
SCHOOL.—The term ‘high 
school’ means a public school in which the en-
tering grade is not lower than grade 9 and the 
highest grade is grade 12, as determined under 
State law.’’. 
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SEC. 2. UPDATING NUTRITION RULES. 
Section 9(a)(4) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(a)(4)) is amended by 
adding at the end the following: 
‘‘(C) 
UPDATING
NUTRITION
RULES.— 
From the amounts appropriated to carry out 
this subparagraph, the Secretary shall enter 
into a contract with the Institute of Medicine to 
provide recommendations to the Secretary on 
updating the rules promulgated under subpara-
graph (B).’’. 
SEC. 3. CONFORMING AMENDMENT. 
Section 204 of the Child Nutrition and WIC Reau-
thorization Act of 2004 (42 U.S.C. 1751 note; Public Law 
108–265) is repealed. 
Æ 
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