(II) to conduct a needs analysis 
to meet the requirements of section 
103(c)(2)(C); and 
(III) if grant funds remain after 
carrying out subclauses (I) and (II), 
for activities described in section 
103(f); and 
(ii) not more than 68 percent of such 
amounts for grants under section 103; and 
(B) for any fiscal year for which the 
amount remaining available after funds are re-
served under paragraph (1) is less than 
$30,000,000, all of such remainder for the 
State measurement system grants described in 
subparagraph (A)(i); and 
(3) for the fourth fiscal year and each subse-
quent fiscal year for which funding is made available 
under section 105, not less than 98 percent of such 
amounts for grants under section 103. 
SEC. 103. HEALTHY STUDENTS GRANTS. 
(a) GRANT PROGRAM AUTHORIZED.— 
(1) IN GENERAL.—From amounts made avail-
able under paragraph (2)(A)(ii) or (3) of section 102 
for a fiscal year, the Secretary shall award grants to 
States to implement comprehensive programs to pro-
VerDate Mar 15 2010 
00:21 May 31, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2178.IH
H2178
tjames on DSK6SPTVN1PROD with BILLS
mote physical activity, education, and fitness and 
nutrition and that are based on— 
(A) scientifically valid research; and 
(B) an analysis of need that considers, at 
a minimum, the physical education indicators. 
(2) AWARDS TO STATES.— 
(A) FORMULA
GRANTS.—For any fiscal 
year for which the total amount available under 
(2)(A)(ii) or (3) of section 102 for grants under 
this section is $250,000,000 or more, the Sec-
retary shall allot to each State with an ap-
proved application an amount that bears the 
same relationship to such total amount as the 
amount received under part A of title I of the 
Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311 et seq.) by such State 
for such fiscal year bears to the amount re-
ceived under such part for such fiscal year by 
all States. 
(B) COMPETITIVE GRANTS.— 
(i) IN GENERAL.—For any fiscal year 
for which the total amount available under 
paragraph (2)(A)(ii) or (3) of section 102 
for grants under this section is less than 
$250,000,000, the Secretary shall award 
VerDate Mar 15 2010 
00:21 May 31, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2178.IH
H2178
tjames on DSK6SPTVN1PROD with BILLS
such grants to States on a competitive 
basis. 
(ii) SUFFICIENT SIZE AND SCOPE.—In 
awarding grants on a competitive basis 
pursuant to clause (i), the Secretary shall 
ensure that grant awards are of sufficient 
size and scope to carry out required and 
approved activities under this section. 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a State shall demonstrate that the 
State has established a statewide physical education re-
quirement that is consistent with widely recognized stand-
ards. 
(c) APPLICATIONS.— 
(1) IN GENERAL.—A State that desires to re-
ceive a grant under this section shall submit an ap-
plication at such time, in such manner, and con-
taining such information as the Secretary may re-
quire. 
(2) CONTENT
OF
APPLICATION.—At a min-
imum, the application shall include— 
(A) documentation of the State’s eligibility 
to receive a grant under this section, as de-
scribed in subsection (b); 
VerDate Mar 15 2010 
00:21 May 31, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2178.IH
H2178
tjames on DSK6SPTVN1PROD with BILLS
(B) a plan for improving physical activity, 
education, and fitness and nutrition in schools 
in the State in a manner consistent with the re-
quirements of the program that may be a part 
of a broader statewide child and youth plan, if 
such a plan exists and is consistent with the re-
quirements of this title; 
(C) a needs analysis of the schools in the 
State regarding physical activity, education, and 
fitness and nutrition, which— 
(i) shall include a description of, and 
data measuring, the State’s performance 
on the physical education indicators; and 
(ii) may be a part of a broader state-
wide child and youth needs analysis, if 
such an analysis exists and is consistent 
with the requirements of this title; 
(D) a description of how the programs to 
promote physical activity, education, and fitness 
and nutrition that the State proposes to imple-
ment with grant funds are responsive to the re-
sults of the needs analysis described in subpara-
graph (C); and 
(E) a description of how the State will— 
VerDate Mar 15 2010 
00:21 May 31, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2178.IH
H2178
tjames on DSK6SPTVN1PROD with BILLS
(i) develop, adapt, improve, or adopt, 
and implement, the State’s physical edu-
cation indicators measurement system, and 
how the State will ensure that all local 
educational agencies and schools in the 
State participate in such system; 
(ii) ensure the quality of the State’s 
data collection for the physical education 
indicators, including the State’s plan for 
survey administration and for ensuring the 
reliability and validity of survey instru-
ments; 
(iii) coordinate the proposed activities 
with other Federal and State programs, 
which may include programs to expand 
learning time and for before- and after- 
school programming in order to provide 
sufficient time to carry out the activities 
described in this title; 
(iv) assist local educational agencies 
in aligning activities carried out with funds 
the agencies receive under the grant with 
other funding sources in order to support 
a coherent and non-duplicative program; 
VerDate Mar 15 2010 
00:21 May 31, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2178.IH
H2178
tjames on DSK6SPTVN1PROD with BILLS
(v) solicit and approve subgrant appli-
cations, including how the State will— 
(I) allocate funds for statewide 
activities and subgrants for each year 
of the grant; and 
(II) consider the results of the 
needs analysis described in subpara-
graph (C) in the State’s distribution 
of subgrants; 
(vi) address the needs of diverse geo-
graphic areas in the State, including rural 
and urban communities; and 
(vii) assist local educational agencies 
and schools in their efforts to increase the 
provision of physical activity and physical 
education opportunities during the school 
day and implement programs to promote 
physical activity, education, and fitness, 
and nutrition. 
(3) PEER-REVIEW
PROCESS.—The Secretary 
shall establish a peer-review process that includes in-
dividuals with applicable expertise in physical activ-
ity, education, or fitness or nutrition to review appli-
cations submitted under this subsection. 
(d) DURATION.— 
VerDate Mar 15 2010 
00:21 May 31, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2178.IH
H2178
tjames on DSK6SPTVN1PROD with BILLS