(1) in subsection (b), by striking ‘‘2005’’ and 
inserting ‘‘2011’’; 
(2) by redesignating subsection (b) as sub-
section (c); 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary may award 
grants to eligible entities to train primary care phy-
sicians and other licensed or certified health profes-
sionals on how to treat and prevent obesity and aid 
individuals who are obese or overweight. 
‘‘(2) APPLICATION.—An entity that desires a 
grant under this subsection shall submit an applica-
tion at such time, in such manner, and containing 
such information as the Secretary may require, in-
cluding a plan for the use of funds that may be 
awarded and an evaluation of the training that will 
be provided. 
‘‘(3) USE OF FUNDS.—An entity that receives 
a grant under this subsection shall use the funds 
made available through such grant to— 
‘‘(A) use evidence-based findings or rec-
ommendations that pertain to the prevention 
and treatment of obesity and being overweight 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
to conduct educational conferences, including 
Internet-based courses and teleconferences, 
on— 
‘‘(i) how to treat or prevent obesity 
and being overweight; 
‘‘(ii) the link between obesity and 
being overweight and related serious and 
chronic medical conditions; 
‘‘(iii) how to discuss varied strategies 
with patients from at-risk and diverse pop-
ulations to promote positive behavior 
change and healthy lifestyles to avoid obe-
sity and being overweight; 
‘‘(iv) how to identify individuals who 
are or are at risk for being obese or being 
overweight and, therefore, are at risk for 
related serious and chronic medical condi-
tions; and 
‘‘(v) how to conduct a comprehensive 
assessment of individual and familial 
health risk factors; and 
‘‘(B) evaluate the effectiveness of the 
training provided by such entity in increasing 
knowledge and changing attitudes and behav-
iors of trainees.’’; and 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(4) in subsection (c) (as so redesignated)— 
(A) by striking ‘‘There are authorized to 
be appropriated to carry out this section’’ and 
all that follows and inserting the following: 
‘‘There are authorized to be appropriated— 
‘‘(1) to carry out subsection (a),’’; 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(2) to carry out subsection (b), $10,000,000 
for fiscal year 2011, and such sums as may be nec-
essary for each of fiscal years 2012 through 2015.’’. 
SEC. 111. PREVENTIVE HEALTH SERVICES BLOCK GRANT. 
Section 1904(a)(1) of the Public Health Service Act 
(42 U.S.C. 300w–3(a)(1)) is amended by adding at the 
end the following: 
‘‘(H) Activities and community education pro-
grams designed to address and prevent obesity and 
being overweight through effective programs to pro-
mote healthy eating, and exercise habits and behav-
iors.’’. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
TITLE II—IMPROVING 
CHILDHOOD NUTRITION 
SEC. 201. NUTRITION AND WELLNESS GOALS FOR MEALS 
SERVED THROUGH THE CHILD AND ADULT 
CARE FOOD PROGRAM. 
Section 17 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1766) is amended— 
(1) in subsection (a), by striking ‘‘(a) GRANT 
AUTHORITY’’ and all that follows through the end of 
paragraph (1) and inserting the following: 
‘‘(a) PROGRAM PURPOSE, GRANT AUTHORITY AND 
INSTITUTION ELIGIBILITY.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PROGRAM PURPOSE.— 
‘‘(i) 
FINDINGS.—Congress 
finds 
that— 
‘‘(I) eating habits and other 
wellness-related behavior habits are 
established early in life; and 
‘‘(II) good nutrition and wellness 
are important contributors to the 
overall health of young children and 
essential to cognitive development. 
‘‘(ii) PURPOSE.—The purpose of the 
program authorized by this section is to 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
provide aid to child care institutions and 
family or group day care homes for the 
provision of nutritious foods that con-
tribute to the wellness, healthy growth, and 
development of young children. 
‘‘(B) GRANT AUTHORITY.—The Secretary 
may carry out a program to assist States 
through grants-in-aid and other means to ini-
tiate and maintain nonprofit food service pro-
grams for children in institutions providing 
child care.’’; 
(2) by striking subsection (g) and inserting the 
following: 
‘‘(g) NUTRITIONAL REQUIREMENTS FOR MEALS AND 
SNACKS SERVED
IN INSTITUTIONS
AND FAMILY
OR 
GROUP DAY CARE HOMES.— 
‘‘(1) DEFINITION OF DIETARY GUIDELINES.— 
In this subsection, the term ‘Dietary Guidelines’ 
means the Dietary Guidelines for Americans pub-
lished under section 301 of the National Nutrition 
Monitoring and Related Research Act of 1990 (7 
U.S.C. 5341). 
‘‘(2) NUTRITIONAL REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (C), reimbursable meals and sup-
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
plements served by institutions and family or 
group day care homes participating in the pro-
gram under this section shall consist of a com-
bination of foods that meet minimum nutri-
tional requirements prescribed by the Secretary 
on the basis of tested nutritional research. 
‘‘(B) CONFORMITY
WITH
THE
DIETARY 
GUIDELINES AND AUTHORITATIVE SCIENCE.— 
‘‘(i) IN
GENERAL.—Not less fre-
quently than once every 10 years, the Sec-
retary shall review and, as appropriate, up-
date requirements for meals and supple-
ments served under the program under 
this section to ensure that the meals— 
‘‘(I) are consistent with the goals 
of the most recent Dietary Guidelines; 
and 
‘‘(II) promote the health of the 
population served by the program au-
thorized under this section, as indi-
cated by the most recent relevant nu-
trition science and appropriate au-
thoritative scientific agency and orga-
nization recommendations. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(ii) COST REVIEW.—The review re-
quired under clause (i) shall include a re-
view of the cost to child care centers and 
group or family day care homes resulting 
from updated requirements for meals and 
snacks served under the program under 
this section. 
‘‘(iii) REGULATIONS.—Not later than 
18 months after receipt of recommenda-
tions for meal pattern improvements from 
the Food and Nutrition Board of the Na-
tional Research Council of the National 
Academy of Sciences, the Secretary shall 
promulgate proposed regulations to update 
the meal patterns for meals and snacks 
served under the program under this sec-
tion. 
‘‘(C) EXCEPTIONS.— 
‘‘(i) SPECIAL DIETARY NEEDS.—The 
minimum nutritional requirements pre-
scribed under subparagraph (A) do not 
prohibit institutions and family or group 
day care homes from substituting foods to 
accommodate the medical or other special 
dietary needs of individual children. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(ii) EXEMPT
INSTITUTIONS.—The 
Secretary may elect to waive all or part of 
the requirements of this subsection for 
emergency shelters and adult day care cen-
ters participating in the program under 
this section. 
‘‘(3) MEAL SERVICE.—Institutions and family 
day care homes shall ensure that reimbursable meal 
service contributes to the development and socializa-
tion of enrolled children by providing that food is 
not used as a punishment or reward. 
‘‘(4) FLUID MILK.— 
‘‘(A) IN
GENERAL.—Each institution or 
family or group day care home participating in 
the program under this section shall provide 
fluid milk, in accordance with the most recent 
version of the Dietary Guidelines, as part of 
each reimbursable meal and supplement served 
under the program. 
‘‘(B) MILK SUBSTITUTES.—In the case of 
children who cannot consume fluid milk due to 
medical or other special dietary needs other 
than a disability, an institution or family or 
group day care home may substitute for the 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
fluid milk required in meals and supplements 
served, a nondairy beverage that— 
‘‘(i) is nutritionally equivalent to fluid 
milk; and 
‘‘(ii) meets nutritional standards es-
tablished by the Secretary, including, 
among other requirements established by 
the Secretary, fortification of calcium, pro-
tein, vitamin A, and vitamin D to levels 
found in cow’s milk. 
‘‘(C) APPROVAL.— 
‘‘(i) IN GENERAL.—A substitution au-
thorized under subparagraph (B) may be 
made— 
‘‘(I) at the discretion of and on 
approval by the participating day care 
institution; and 
‘‘(II) if the substitution is re-
quested by written statement of a 
medical authority, or by the parent or 
legal guardian of the child, that iden-
tifies the medical or other special die-
tary need that restricts the diet of the 
child. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(ii) EXCEPTION.—An institution or 
family or group day care home shall not be 
required under this paragraph to provide 
beverages other than beverages the State 
has identified as acceptable substitutes. 
‘‘(D) EXCESS EXPENSES BORNE BY INSTI-
TUTION.—A participating institution or family 
or group day care home shall be responsible for 
any expenses that— 
‘‘(i) are incurred by the institution or 
family or group day care home to provide 
substitutions under this paragraph; and 
‘‘(ii) are in excess of expenses covered 
under reimbursements under this Act. 
‘‘(5) NONDISCRIMINATION
POLICY.—No phys-
ical segregation or other discrimination against any 
child shall be made because of the inability of the 
child to pay, nor shall there be any overt identifica-
tion of any such child by special tokens or tickets, 
different meals or meal service, announced or pub-
lished lists of names, or other means. 
‘‘(6) USE
OF
ABUNDANT
AND
DONATED 
FOODS.—To the maximum extent practicable, each 
institution shall use in its food service foods that 
are— 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(A) designated from time to time by the 
Secretary as being in abundance, either nation-
ally or in the food service area; or 
‘‘(B) donated by the Secretary.’’; and 
(3) by adding at the end the following: 
‘‘(u) PROMOTING HEALTH AND WELLNESS IN CHILD 
CARE.— 
‘‘(1) PHYSICAL
ACTIVITY
AND
ELECTRONIC 
MEDIA USE.—The Secretary shall encourage partici-
pating child care centers and family or group day 
care homes— 
‘‘(A) to provide to all children under the 
supervision of the participating child care cen-
ters and family or group day care homes daily 
opportunities for structured and unstructured 
age-appropriate moderate-intensity to vigorous- 
intensity physical activity; and 
‘‘(B) to limit among children under the su-
pervision of the participating child care centers 
and family or group day care homes the use of 
electronic media to an appropriate level. 
‘‘(2) 
WATER
CONSUMPTION.—Participating 
child care centers and family or group day care 
homes shall make available to children, as nutrition-
ally appropriate, water as an acceptable fluid for 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
consumption throughout the day, including at meal 
times. 
‘‘(3) 
TECHNICAL
ASSISTANCE
AND
GUID-
ANCE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide technical assistance to institutions par-
ticipating in the program under this section to 
assist participating child care centers and fam-
ily or group day care homes in complying with 
the nutritional and wellness requirements pre-
scribed by the Secretary in accordance with this 
subsection and subsection (g). 
‘‘(B) GUIDANCE.—Not later than January 
1, 2011, the Secretary shall issue guidance to 
States and institutions to encourage partici-
pating child care centers and family or group 
day care homes serving meals and snacks under 
this section to— 
‘‘(i) include foods that are rec-
ommended for increased serving consump-
tion in amounts recommended by the most 
recent Dietary Guidelines for Americans 
published under section 301 of the Na-
tional Nutrition Monitoring and Related 
Research Act of 1990 (7 U.S.C. 5341), in-
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
cluding fresh, canned, frozen, or dried 
whole fruits and vegetables, whole grain 
products, lean meat products, and low-fat 
and non-fat dairy products; and 
‘‘(ii) reduce sedentary activities and 
provide opportunities for regular physical 
activity in quantities recommended by the 
most recent Dietary Guidelines for Ameri-
cans described in clause (i). 
‘‘(C) NUTRITION.—Technical assistance 
relating to the nutritional requirements of this 
subsection and subsection (g) shall include— 
‘‘(i) nutrition education, including 
education that emphasizes the relationship 
between nutrition, physical activity, and 
health; 
‘‘(ii) menu planning; 
‘‘(iii) interpretation of nutrition labels; 
and 
‘‘(iv) food preparation and purchasing 
guidance to produce meals and snacks that 
are— 
‘‘(I) consistent with the goals of 
the most recent Dietary Guidelines; 
and 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(II) promote the health of the 
population served by the program 
under this section, as recommended 
by authoritative scientific organiza-
tions. 
‘‘(D) PHYSICAL ACTIVITY.—Technical as-
sistance relating to the physical activity require-
ments of this subsection shall include— 
‘‘(i) education on the importance of 
regular physical activity to overall health 
and well being; and 
‘‘(ii) sharing of best practices for 
physical activity plans in child care centers 
and homes as recommended by authori-
tative scientific organizations. 
‘‘(E) ELECTRONIC MEDIA USE.—Technical 
assistance relating to the electronic media use 
requirements of this subsection shall include— 
‘‘(i) education on the health impacts 
of overuse of and overexposure to elec-
tronic media by children; and 
‘‘(ii) sharing of best practices for the 
development of daily activity plans that 
limit use of electronic media. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(F) MINIMUM
ASSISTANCE.—At a min-
imum, the technical assistance required under 
this paragraph shall include a handbook, devel-
oped by the Secretary in coordination with the 
Secretary for Health and Human Services, that 
includes recommendations, guidelines, and best 
practices for participating institutions and fam-
ily or group day care homes that are consistent 
with the nutrition, physical activity, and 
wellness requirements and recommendations of 
this subsection. 
‘‘(G) ADDITIONAL ASSISTANCE.—In addi-
tion to the requirements of this paragraph, the 
Secretary shall develop and provide such appro-
priate training and education materials, guid-
ance, and technical assistance as the Secretary 
considers to be necessary to comply with the 
nutritional and wellness requirements of this 
subsection and subsection (g). 
‘‘(H) FUNDING.— 
‘‘(i) IN
GENERAL.—On October 1, 
2009, and on each October 1 thereafter 
through October 1, 2013, out of any funds 
in the Treasury not otherwise appro-
priated, the Secretary of the Treasury 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
shall transfer to the Secretary to provide 
technical assistance under this subsection 
$3,000,000, to remain available until ex-
pended. 
‘‘(ii) RECEIPT
AND
ACCEPTANCE.— 
The Secretary shall be entitled to receive, 
shall accept, and shall use to carry out this 
subsection the funds transferred under 
clause (i), without further appropriation.’’. 
SEC. 202. INTERAGENCY COORDINATION TO PROMOTE 
HEALTH AND WELLNESS IN CHILD CARE LI-
CENSING. 
The Secretary of Agriculture shall coordinate with 
the Secretary of Health and Human Services to encourage 
State licensing agencies to include nutrition and wellness 
standards within State licensing standards that ensure, to 
the maximum extent practicable, that licensed child care 
centers and family or group day care homes— 
(1) provide to all children under the supervision 
of the child care centers and family or group day 
care homes daily opportunities for age-appropriate 
moderate-intensity to vigorous-intensity physical ac-
tivity; 
(2) limit among children under the supervision 
of the child care centers and family or group day 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
care homes the use of electronic media and the 
quantity of time spent in sedentary activity to an ap-
propriate level; 
(3) serve meals and snacks that are consistent 
with the child and adult care food program estab-
lished under section 17 of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1766); and 
(4) promote such other nutrition and wellness 
goals as the Secretaries determine to be necessary. 
SEC. 203. STUDY ON NUTRITION AND WELLNESS QUALITY 
OF CHILD CARE SETTINGS. 
(a) IN GENERAL.—Not less than 4 years after the 
date of enactment of this Act, and not less frequently than 
once every 5 years thereafter, the Secretary of Agriculture 
shall submit to Congress a report based on— 
(1) a nationally representative study of child 
care centers and family or group day care homes 
that— 
(A) is designed in consultation with the 
Secretary of Health and Human Services; and 
(B) includes an assessment of— 
(i) the nutritional quality of all foods 
provided to children in child care settings 
as compared to the recommendations in 
most recent Dietary Guidelines for Ameri-
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
cans published under section 301 of the 
National Nutrition Monitoring and Related 
Research Act of 1990 (7 U.S.C. 5341); 
(ii) the quantity and type of opportu-
nities for physical activity provided to chil-
dren in child care settings; and 
(iii) the quantity of time spent by chil-
dren in child care settings in sedentary ac-
tivities; and 
(2) an assessment of the barriers to and 
facilitators for— 
(A) providing foods to children in child 
care settings that meet the recommendations in 
the most recent Dietary Guidelines for Ameri-
cans published under section 301 of the Na-
tional Nutrition Monitoring and Related Re-
search Act of 1990 (7 U.S.C. 5341); 
(B) providing the appropriate quantity and 
type of opportunities for physical activity for 
children in child care settings; and 
(C) participation by child care centers and 
family or group day care homes in the child and 
adult care food program established under sec-
tion 17 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766). 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(b) FUNDING.— 
(1) IN GENERAL.—On October 1, 2010, out of 
any funds in the Treasury not otherwise appro-
priated, the Secretary of the Treasury shall transfer 
to the Secretary of Agriculture to carry out this sec-
tion $5,000,000, to remain available until expended. 
(2) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary of Agriculture shall be entitled to receive, 
shall accept, and shall use to carry out this section 
the funds transferred under paragraph (1), without 
further appropriation. 
SEC. 204. WORKING GROUP TO REDUCE PAPERWORK AND 
IMPROVE PROGRAM ADMINISTRATION. 
(a) DEFINITIONS.—In this section: 
(1) PROGRAM.—The term ‘‘program’’ means 
the child and adult care food program established 
under section 17 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(b) ESTABLISHMENT.—The Secretary, in conjunction 
with States and participating institutions, shall reconvene 
a working group to continue to examine the feasibility of 
reducing unnecessary or duplicative paperwork resulting 
from regulations and recordkeeping requirements for 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
State agencies, institutions, family and group day care 
homes, and sponsored centers participating in the pro-
gram. 
(c) DUTIES.—At a minimum, the working group 
shall— 
(1) review and evaluate the recommendations, 
guidance, and regulatory priorities developed and 
issued to comply with section 119(i) of the Child 
Nutrition and WIC Reauthorization Act of 2004 (42 
U.S.C. 1766 note; Public Law 108–265); and 
(2) examine additional paperwork and adminis-
trative requirements that have been established since 
February 23, 2007, that could be reduced or sim-
plified. 
(d) ADDITIONAL DUTIES.—In addition to, or oper-
ating concurrently with, the working group described in 
subsection (b), the Secretary may, if determined necessary 
by the Secretary and in conjunction with States and insti-
tutions participating in the program, establish 1 or more 
working groups to examine any aspect of administration 
of the program. 
(e) REPORT.—Not later than 4 years after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report that describes the actions that have 
been taken to carry out this section, including— 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(1) actions taken to address administrative and 
paperwork burdens identified as a result of compli-
ance with section 119(i) of the Child Nutrition and 
WIC Reauthorization Act of 2004 (42 U.S.C. 1766 
note; Public Law 108–265); 
(2) administrative and paperwork burdens iden-
tified as a result of compliance with section 119(i) 
of that Act for which no regulatory action or policy 
guidance has been taken; 
(3) additional steps that the Secretary is taking 
or plans to take to address any administrative and 
paperwork burdens identified under subsection (c)(2) 
and paragraph (2), including— 
(A) new or updated regulations, policy, 
guidance, or technical assistance; and 
(B) a timeframe for the completion of 
those steps; and 
(4) recommendations to Congress for modifica-
tions to existing statutory authorities needed to ad-
dress identified administrative and paperwork bur-
dens. 
SEC. 205. RENEWAL OF APPLICATION MATERIALS AND PER-
MANENT OPERATING AGREEMENTS. 
(a) PERMANENT OPERATING AGREEMENTS.—Sec-
tion 17(d)(1) of the Richard B. Russell National School 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
Lunch Act (42 U.S.C. 1766(d)(1)) is amended by adding 
at the end the following: 
‘‘(E) PERMANENT
OPERATING
AGREE-
MENTS.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) and (iii), to participate in the child and 
adult care food program, an institution 
that meets the conditions of eligibility de-
scribed in this subsection shall be required 
to enter into a permanent agreement with 
the applicable State agency. 
‘‘(ii) AMENDMENTS.—A permanent 
agreement described in clause (i) may be 
amended as necessary to ensure that the 
institution is in compliance with all re-
quirements established in this section or by 
the Secretary. 
‘‘(iii) TERMINATION.—A permanent 
agreement described in clause (i)— 
‘‘(I) may be terminated for con-
venience by the institution and State 
agency that is a party to the perma-
nent agreement; and 
‘‘(II) shall be terminated— 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(aa) for cause by the appli-
cable State agency in accordance 
with paragraph (5); or 
‘‘(bb) on termination of par-
ticipation of the institution in the 
child and adult care food pro-
gram.’’. 
(b) APPLICATIONS.—Section 17(d) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1766(d)) 
is amended by striking paragraph (2) and inserting the 
following: 
‘‘(2) PROGRAM APPLICATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
develop a policy under which each institution 
providing child care that participates in the 
program under this section shall— 
‘‘(i) submit to the State agency an ini-
tial application to participate in the pro-
gram that meets all requirements estab-
lished by the Secretary by regulation; 
‘‘(ii) annually confirm to the State 
agency that the institution, and any facili-
ties of the institution in which the program 
is operated by a sponsoring organization, is 
in compliance with subsection (a)(5); and 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(iii) annually submit to the State 
agency any additional information nec-
essary to confirm that the institution is in 
compliance with all other requirements to 
participate in the program, as established 
by the Secretary by regulation. 
‘‘(B) REVIEWS.—The Secretary shall de-
velop a policy under which each sponsoring or-
ganization participating in the program shall 
conduct— 
‘‘(i) periodic unannounced site visits 
at not less than 3-year intervals to spon-
sored child care centers and family or 
group day care homes to identify and pre-
vent management deficiencies and fraud 
and abuse under the program; 
‘‘(ii) at least 1 scheduled site visit at 
not less than 3-year intervals to sponsoring 
organizations and nonsponsored child care 
centers to identify and prevent manage-
ment deficiencies and fraud and abuse 
under the program and to improve pro-
gram operations; and 
‘‘(iii) periodic site visits to private in-
stitutions that the State agency determines 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
have a high probability of program 
abuse.’’. 
(c) AGREEMENTS.—Section 17(j)(1) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1766(j)(1)) is amended— 
(1) by striking ‘‘may’’ and inserting ‘‘shall’’; 
(2) by striking ‘‘family or group day care’’ the 
first place it appears; and 
(3) by inserting ‘‘or sponsored day care cen-
ters’’ before ‘‘participating’’. 
SEC. 206. TRANSMISSION OF INCOME INFORMATION BY 
SPONSORED FAMILY OR GROUP DAY CARE 
HOMES. 
Section 17(f)(3)(A)(iii)(III) of the Richard B. Russell 
National 
School 
Lunch 
Act 
(42 
U.S.C. 
1766(f)(3)(A)(iii)(III)) is amended by adding at the end 
the following: 
‘‘(dd) TRANSMISSION OF IN-
COME
INFORMATION
BY
SPON-
SORED
FAMILY
OR
GROUP
DAY 
CARE
HOMES.—If a family or 
group day care home elects to be 
provided reimbursement factors 
described in subclause (II), the 
family or group day care home 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
may assist in the transmission of 
necessary household income in-
formation to the family or group 
day care home sponsoring organi-
zation in accordance with the pol-
icy described in item (ee). 
‘‘(ee) 
POLICY.—The 
Sec-
retary shall develop a policy 
under which a sponsored family 
or group day care home described 
in item (dd) may, under terms 
and conditions specified by the 
Secretary and with the written 
consent of the parents or guard-
ians of a child in a family or 
group day care home partici-
pating in the program, assist in 
the transmission of the income 
information of the family to the 
family or group day care home 
sponsoring organization.’’. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
SEC. 207. SIMPLIFYING AND ENHANCING ADMINISTRATIVE 
PAYMENTS TO SPONSORING ORGANIZATIONS. 
Section 17(f)(3) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(f)(3)) is amended by 
striking subparagraph (B) and inserting the following: 
‘‘(B) ADMINISTRATIVE FUNDS.— 
‘‘(i) IN GENERAL.—In addition to re-
imbursement factors described in subpara-
graph (A), a family or group day care 
home sponsoring organization shall receive 
reimbursement for the administrative ex-
penses of the sponsoring organization in an 
amount that is not less than the product 
obtained each month by multiplying— 
‘‘(I) the number of family and 
group day care homes of the spon-
soring organization submitting a claim 
for reimbursement during the month; 
by 
‘‘(II) the appropriate administra-
tive rate determined by the Secretary. 
‘‘(ii) ANNUAL ADJUSTMENT.—The ad-
ministrative reimbursement levels specified 
in clause (i) shall be adjusted July 1 of 
each year to reflect changes in the Con-
sumer Price Index for All Urban Con-
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
sumers published by the Bureau of Labor 
Statistics of the Department of Labor for 
the most recent 12-month period for which 
such data are available. 
‘‘(iii) CARRYOVER FUNDS.—The Sec-
retary shall develop procedures under 
which not more than 10 percent of the 
amount made available to sponsoring orga-
nizations under this section for administra-
tive expenses for a fiscal year may remain 
available for obligation or expenditure in 
the succeeding fiscal year. 
‘‘(iv) RETURN TO SECRETARY.—Any 
amounts appropriated that are not obli-
gated or expended during a fiscal year and 
are not carried over for the succeeding fis-
cal year under clause (iii) shall be returned 
to the Secretary.’’. 
SEC. 208. CULTIVATE FARM-TO-SCHOOL PARTNERSHIPS. 
(a) PROMOTING LOCAL FOOD.—Section 9(j)(1) of 
the Richard B. Russell National School Lunch Act (42 
U.S.C. 1758(j)(1)) is amended by inserting before the 
semicolon at the end, ‘‘, for use in programs under such 
Acts, including the commodity distribution program, the 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
summer food service program for children, child and adult 
care food program, and nutrition promotion’’. 
(b) GRANTS FOR FARM-TO-SCHOOL PROGRAMS.— 
(1) IN GENERAL.—The Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et seq.) is 
amended by inserting after section 19, the following: 
‘‘SEC. 19A. GRANTS FOR FARM-TO-SCHOOL PROGRAMS. 
‘‘(a) IN GENERAL.—The Secretary may provide as-
sistance, through competitive matching grants and tech-
nical assistance, to schools and nonprofit entities for farm- 
to-school programs that— 
‘‘(1) improve access to local foods in schools 
and institutions participating in programs under this 
Act and section 4 of the Child Nutrition Act of 1966 
(42 U.S.C. 1773) through farm-to-cafeteria activi-
ties, including school gardens, that may include the 
acquisition of food and appropriate equipment and 
the provision of training and education; 
‘‘(2) are, at a minimum, designed to— 
‘‘(A) procure local foods from small- and 
medium-sized farms for school meals; and 
‘‘(B) support school garden programs; 
‘‘(3) support nutrition education activities or 
curriculum planning that promotes healthy food edu-
cation in the school curriculum and incorporates the 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
participation of school children in farm-based agri-
cultural education activities, that may include school 
gardens; 
‘‘(4) develop a sustained commitment to farm- 
to-cafeteria projects in the community by linking 
schools, State departments of agriculture, agricul-
tural producers, parents, and other community 
stakeholders; 
‘‘(5) require $100,000 or less in Federal con-
tributions; 
‘‘(6) require a Federal share of costs not to ex-
ceed 75 percent; 
‘‘(7) provide matching support in the form of 
cash or in-kind contributions (including facilities, 
equipment, or services provided by State and local 
governments and private sources); and 
‘‘(8) cooperate in an evaluation carried out by 
the Secretary. 
‘‘(b) ADMINISTRATION.—In providing grants under 
subsection (a), the Secretary shall give priority to pro-
grams that can be replicated in schools. 
‘‘(c) PROGRAM FOR HIGH-POVERTY SCHOOLS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ELIGIBLE PROGRAM.—The term ‘eli-
gible program’ means— 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(i) a school-based program with 
hands-on vegetable gardening and nutri-
tion education that is incorporated into the 
curriculum for 1 or more grades at 2 or 
more eligible schools; or 
‘‘(ii) a community-based summer pro-
gram with hands-on vegetable gardening 
and nutrition education that is part of, or 
coordinated with, a summer enrichment 
program at 2 or more eligible schools. 
‘‘(B) ELIGIBLE SCHOOL.—The term ‘eligi-
ble school’ means a public school, at least 50 
percent of the students of which are eligible for 
free or reduced price meals under this Act. 
‘‘(2) ESTABLISHMENT.—The Secretary shall 
carry out a program under which the Secretary shall 
provide to nonprofit organizations or public entities 
States grants to develop and run, through eligible 
programs, community gardens at eligible schools in 
the States that would— 
‘‘(A) be planted, cared for, and harvested 
by students at the eligible schools; and 
‘‘(B) teach the students participating in 
the community gardens about agriculture pro-
duction practices and diet. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(3) PRIORITY
STATES.—Of the States in 
which grantees under this subsection are located— 
‘‘(A) at least 1 State shall be among the 
15 largest States, as determined by the Sec-
retary; 
‘‘(B) at least 1 State shall be among the 
16th to 30th largest States, as determined by 
the Secretary; and 
‘‘(C) at least 1 State shall be a State that 
is not described in subparagraph (A) or (B). 
‘‘(4) USE OF PRODUCE.—Produce from a com-
munity garden provided a grant under this sub-
section may be— 
‘‘(A) used to supplement food provided at 
the eligible school; 
‘‘(B) distributed to students to bring home 
to the families of the students; or 
‘‘(C) donated to a local food bank or senior 
center nutrition program. 
‘‘(5) NO
COST-SHARING
REQUIREMENT.—A 
nonprofit organization or public entity that receives 
a grant under this subsection shall not be required 
to share the cost of carrying out the activities as-
sisted under this paragraph. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(6) EVALUATION.—A nonprofit organization 
or public entity that receives a grant under this sub-
section shall be required to cooperate in an evalua-
tion in accordance with subsection (a)(8). 
‘‘(d) GUIDANCE FOR STATES.—Not later than 1 year 
after the date of the enactment of this section, the Sec-
retary shall research, evaluate, and make available to 
States— 
‘‘(1) best practices for innovative and effective, 
as determined by the Secretary, farm-to-school pro-
grams described in subsection (a); 
‘‘(2) an identification of the common challenges 
faced by schools, institutions, and local educational 
agencies in carrying out such farm-to-school pro-
grams; and 
‘‘(3) a description of schools, institutions, and 
local educational agencies that are carrying out suc-
cessful farm-to-school programs. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section for each of fiscal years 
2011 through 2016.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
18(g) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769(g)) is repealed. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
TITLE III—IMPROVING ACCESS 
TO AND OPPORTUNITY FOR 
PHYSICAL 
ACTIVITY 
FOR 
ADULTS AND CHILDREN 
Subtitle A—National Program Pro-
moting Lifelong Active Youth 
(PLAY) 
and 
Implementation 
Grants 
SEC. 301. PLAY ASSESSMENT TOOLS. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (hereafter in this section referred to as 
the Secretary), acting through the Director of the Centers 
for Disease Control and Prevention, shall develop a list 
of well-validated assessment tools, which can measure the 
policy, program, or environmental barriers in communities 
to participating in physical activity. Tools on the Sec-
retary’s recommended list shall include— 
(1) cross-cutting measurements that— 
(A) examine barriers to physical activities 
across multiple settings, including homes, after- 
school and child care sites, schools, the commu-
nity-at-large, and worksites; and 
(B) focus on the— 
(i) availability of adequate spaces and 
places for physical activity; 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(ii) availability of, and access to, high- 
quality physical activity and physical edu-
cation programs; and 
(iii) the availability of programs, ac-
tivities, and leaders to educate about the 
importance of physical activity for the com-
munity; and 
(2) additional measurements to assist economi-
cally and culturally diverse communities in exam-
ining the social determinants of health. 
(b) GUIDANCE AND TRAINING.—The Secretary shall 
provide guidelines and recommendations to develop train-
ing on utilizing such tools. 
SEC. 302. MODEL COMMUNITIES OF PLAY IMPLEMENTA-
TION GRANTS. 
(a) PROGRAM AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services (hereafter in this section referred to 
as the ‘‘Secretary’’), acting through the Director of 
the Centers for Disease Control and Prevention, 
shall award grants to State health departments to 
enable the State health departments to work in part-
nership with eligible community-based coalitions to 
plan and implement model communities of play that 
increase— 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(A) the physical spaces and places avail-
able for physical activity; 
(B) the opportunities for children and fam-
ilies to participate in high-quality play, and the 
number of children and families participating in 
high-quality play; 
(C) knowledge and awareness about the 
importance of individuals achieving 60 minutes 
of recommended physical activity every day; and 
(D) school siting practices in which ele-
mentary and secondary schools are located 
within neighborhoods to increase the likelihood 
of students walking and biking to school. 
(2) AMOUNT OF GRANTS.—A grant awarded to 
a State health department under this subsection 
shall be in the amount of $250,000 to $1,000,000. 
(b) APPLICATION.—A State health department desir-
ing a grant under subsection (a) shall submit an applica-
tion to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require. 
(c) COORDINATION.—In awarding grants under sub-
section (a), the Secretary shall ensure that the proposed 
programs assisted under each grant are coordinated in 
substance and format with programs currently funded 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
through other Federal departments and agencies, includ-
ing— 
(1) State-based nutrition and physical activity 
programs, comprehensive school health education 
programs, and community-based health and wellness 
programs of the Centers for Disease Control and 
Prevention; 
(2) the physical education programs under sub-
part 10 of part D of title V of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7261 
et seq.); 
(3) the safe routes to schools program under 
section 1404 of the Safe, Accountable, Flexible, Effi-
cient Transportation Equity Act: A Legacy for 
Users (23 U.S.C. 402 note); and 
(4) other health and wellness programs oper-
ating within the community. 
(d) PARTNERSHIP WITH COMMUNITY COALITIONS.— 
A State health department receiving a grant under sub-
section (a) shall use the majority of grant funds to carry 
out the activities described in subsection (e) in partnership 
with 1 or more community coalitions that meet all of the 
following requirements: 
(1) The community coalition is comprised of a 
representative sampling of community partners, in-
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
cluding not less than half of the following types of 
individuals and entities: 
(A) A community-based organization that 
focuses on children and youth, preventive 
health, physical activity, or physical education. 
(B) A local parks and recreation depart-
ment. 
(C) A local health department. 
(D) A local educational agency, as defined 
in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801). 
(E) A local city planning agency. 
(F) A local health care provider. 
(G) An institution of higher education, as 
defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001). 
(H) A tribal health facility, where applica-
ble. 
(I) A tribal educational agency, where ap-
plicable. 
(J) A federally qualified health center or 
rural health clinic (as such terms are defined in 
section 1861(aa) of the Social Security Act (42 
U.S.C. 1395x(aa)), where applicable. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(K) A hospital. 
(L) A faith-based organization. 
(M) A policymaker or elected official. 
(N) A community planning organization. 
(O) A business. 
(2) The community coalition completed and 
submitted to the State health department— 
(A) an assessment tool identified by the 
Secretary under section 301 for the community 
that identifies the gaps and barriers to physical 
activity in the community to children and 
youth; and 
(B) a community action plan describing 
the programs, policies, and environmental 
change strategies that will be implemented with 
grant funds to help children and youth in the 
community reach the recommended 60 minutes 
of physical activity every day. 
(3) The community coalition provided— 
(A) documentation to the State health de-
partment on the manner in which the coalition 
will coordinate with appropriate State and local 
authorities, including— 
(i) State or local health departments; 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(ii) State educational agencies or local 
educational agencies, as defined in section 
9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801); 
(iii) State or local parks and recre-
ation departments or associations; 
(iv) State or local departments of 
transportation or city planning; 
(v) community foundations; and 
(vi) any other entities determined to 
be appropriate by the Secretary; and 
(B) a description of the manner in which 
the coalition will evaluate the effectiveness of 
the programs carried out with grant funds. 
(e) AUTHORIZED ACTIVITIES.—A State health de-
partment that receives a grant under subsection (a) shall 
use the majority of funds available through the grant to 
carry out the following activities: 
(1) Train community-based coalitions on how to 
utilize assessment tools to measure the program, 
policy, and environmental barriers to promoting life-
long physical activity for youth. 
(2) Work in partnership with one or more com-
munity coalitions described in subsection (d) to en-
able the coalitions to carry out the coalition’s com-
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
munity action plan and promote a model community 
of play, which may include the following: 
(A) Enabling the maximum use of, or the 
creation of spaces and places for, physical activ-
ity for children, families, and communities be-
fore, during, and after school or work, which 
may include increasing the number of— 
(i) programs that increase the number 
of safe streets and sidewalks in the com-
munity to walk and bike to school, work, 
or other community destinations, such as 
recreation sites, parks, or community cen-
ters; 
(ii) schools, faith-based organizations, 
and recreational facilities serving the com-
munity that provide programming on phys-
ical activity and physical education before, 
during, or after school; 
(iii) schools serving the community 
that provide recess, physical education, and 
physical activity for children and youth; 
(iv) day care, child care, and after- 
school care sites in the community that 
provide physical activity for children and 
youth; 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(v) venues in the community that pro-
vide co-curricular physical activity pro-
grams, including sports fields and courts, 
especially venues for all-inclusive intra-
mural programs and physical activity 
clubs; 
(vi) playgrounds and activity sites in 
the community for young children, includ-
ing sites that offer programs that provide 
physical activity instruction that meets the 
various needs and interests of all students, 
including those with illness, injury, and 
physical and developmental disabilities, as 
well as those who live sedentary lifestyles 
or have a disinterest in traditional team 
sports; 
(vii) capital improvement projects that 
increase opportunities for physical activity 
in the community; and 
(viii) networks of walking and cycling 
trails where trails do not exist in the com-
munity, that offer both a functional alter-
native to automobile travel and an oppor-
tunity for exercise, recreation, and commu-
nity connectedness. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(B) Enhancing opportunities and access 
for children and youth in the community to par-
ticipate in high-quality physical activity and 
physical education programs before, during, and 
after school, which may include increasing the 
number of— 
(i) school and after-school care sites 
in the community that implement proven 
health curricula, physical education (in-
cluding developing innovative approaches 
to teaching and staffing physical edu-
cation), and physical activity programming; 
(ii) children and youth in the commu-
nity who are able to participate in physical 
education or activity before, during, or 
after school, by ensuring that adequate 
equipment is available to such children and 
youth; 
(iii) scholarships to low-income chil-
dren and youth for physical activity pro-
grams; 
(iv) education and training programs 
for education, recreation, leisure, child 
care, and coaching professionals regarding 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
high-quality physical education and phys-
ical activity programs and policies; 
(v) training programs to assist physi-
cians in— 
(I) carefully communicating the 
results of body mass index (BMI) 
tests to parents and, in an age-appro-
priate manner, to the children and 
youth themselves; 
(II) providing information to 
families so they may make informed 
decisions about physical activity and 
nutrition; and 
(III) explaining the benefits asso-
ciated with physical activity and the 
risks associated with childhood over-
weight and obesity; 
(vi) assessment tools used to measure 
the quality of physical activity, sports, and 
intramural sports programs; 
(vii) guidelines and informational ma-
terials used by teachers, parents, care-
givers, and health-care professionals who 
are interested in promoting physical activ-
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
ity for infants, toddlers, and preschoolers; 
and 
(viii) guidelines and informational ma-
terials used to promote— 
(I) physical activity with the in-
tent of improving the current health, 
fitness, and wellness of preadolescent 
children (ages 6 through 12); and 
(II) lifelong physical activity. 
(C) Identifying, engaging, and mobilizing 
community leaders, decisionmakers, experts, 
and the media to raise awareness and educate 
the public about the importance of securing 60 
minutes of physical activity every day, which 
may include increasing the number of— 
(i) school and after-school care faculty 
and staff, including coaches, who serve as 
positive role models for students regarding 
regular physical activity; 
(ii) businesses that serve as role mod-
els by providing physical space and incen-
tives for employees to participate in phys-
ical activity; 
(iii) businesses that serve as role mod-
els to communities by— 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(I) providing support to intra-
mural teams, clubs, sports leagues, 
playgrounds, trails, biking and walk-
ing paths, and fields and venues for 
sports, play, and physical activity; 
(II) incorporating built environ-
ment strategies into new construction 
of facilities; 
(III) adopting safe routes to 
school programs; 
(IV) providing bike racks at the 
office; and 
(V) encouraging the use of the 
stairs; 
(iv) insurers that cover obesity screen-
ing and prevention services in routine clin-
ical practice; 
(v) groups representing low-income in-
dividuals or individuals with disabilities, 
that can promote and secure safer and 
more accessible sites for activity; 
(vi) consumer research-driven mar-
keting strategies for ongoing initiatives 
and interventions that enhance physical ac-
tivity for children and youth; 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(vii) products and opportunities pro-
vided or offered by leisure, entertainment, 
and recreation industries that promote reg-
ular physical activity and reduce sedentary 
behaviors; 
(viii) media advocacy training pro-
grams for public health and exercise sci-
entists so as to empower the scientists to 
disseminate their knowledge to a broad au-
dience; and 
(ix) campaigns to foster awareness 
about the health benefits of regular phys-
ical activity of not less than 60 minutes a 
day for all children and youth. 
(3) Support the evaluation of community action 
plans of community coalitions described in sub-
section (d) and activities carried out pursuant to 
this Act. 
(f) DEFINITION.—In this section, the term ‘‘State’’ 
includes the District of Columbia and any commonwealth, 
territory, or possession of the United States. 
(g) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
such sums as may be necessary for fiscal years 2011 
through 2016. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
Subtitle B—Moving Outdoors in 
Nature 
SEC. 311. DEFINITIONS. 
In this subtitle: 
(1) The term ‘‘eligible entity’’ means— 
(A) a State, city, county, municipality, en-
tity of local government, park and recreation 
department or district, school district, institu-
tion of higher education, or nonprofit organiza-
tion; or 
(B) a consortium of entities specified in 
subparagraph (A). 
(2) The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(3) The term ‘‘State’’ means any of the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, the United States Virgin Islands, 
Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, any other territory or 
possession of the United States, or any Indian tribe. 
SEC. 312. GRANTS FOR DEVELOPMENT OR IMPLEMENTA-
TION OF MOVING OUTDOORS IN NATURE 
STRATEGIES. 
(a) IN GENERAL.—The Secretary may award com-
petitive grants or cooperative agreements to States, or 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
other eligible entities in lieu of a State, to develop and 
implement a 5-year strategy, to be known as a Moving 
Outdoors in Nature State Strategy, for connecting chil-
dren and families with the outdoors. 
(b) SUBMISSION AND APPROVAL OF STRATEGIES.— 
(1) APPLICATIONS.—An application for a grant 
under subsection (a) shall— 
(A) be submitted not later than 120 days 
after the Secretary publishes guidelines under 
subsection (g)(1); and 
(B) include a Moving Outdoors in Nature 
State Strategy meeting the requirements of 
subsection (c) or a proposal for development 
and submission of such a strategy. 
(2) APPROVAL OF STRATEGY; PEER REVIEW.— 
Not later than 90 days after submission of a Moving 
Outdoors in Nature State Strategy, the Secretary 
shall approve or recommend changes to the strategy. 
The Secretary shall carry out the preceding sentence 
through a peer review process that includes partici-
pation from Federal, State, and local government 
and nongovernmental organizations. 
(3) STRATEGY UPDATE.—An eligible entity re-
ceiving funds under this subtitle shall update its 
Moving Outdoors in Nature State Strategy not less 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
than every 5 years to reflect any changes and modi-
fications. 
(c) COMPREHENSIVE STRATEGY REQUIREMENTS.— 
The Secretary may approve a Moving Outdoors in Nature 
State Strategy under subsection (b)(2) only if the strategy 
includes the following: 
(1) A description of how the eligible entity will 
connect children, youth, and families to the great 
outdoors through State and local— 
(A) public health systems; 
(B) public parks and recreation systems; 
(C) public transportation and city planning 
systems; and 
(D) other public systems that connect chil-
dren, youth, and families to the great outdoors. 
(2) A description of how the eligible entity will 
connect existing governmental systems to networks 
of nongovernmental partner organizations serving 
children, youth, and families. 
(3) A description of how State agencies, such as 
State departments of health, natural resources, envi-
ronmental quality, fish and wildlife, national guard, 
and transportation, will collaborate with each other 
and with nongovernmental organizations and local 
agencies to implement the strategy. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(4) A description of how funding will be spent 
through local planning and implementation grants 
under subsection (d). 
(5) A description of how the eligible entity will 
evaluate the effectiveness of, and measure the im-
pact of, the strategy. 
(6) A description of how the eligible entity will 
provide opportunities for public involvement in devel-
oping and implementing the strategy through a pub-
lic comment period, public hearings, or other means. 
(d) LOCAL PLANNING AND IMPLEMENTATION.— 
(1) IN GENERAL.—A Moving Outdoors in Na-
ture State Strategy shall provide for— 
(A) local planning; and 
(B) subgrants by the eligible entity receiv-
ing a grant under subsection (a) to local eligible 
entities to implement the strategy through one 
or more of the activities described in paragraph 
(2). 
(2) PROGRAM ACTIVITIES.—The activities de-
scribed in this paragraph are the following: 
(A) Outdoor recreation programs and ac-
tivities that engage children, youth, and families 
in healthy, active time outdoors through camp-
ing, hiking, hunting, fishing, archery, rec-
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
reational shooting, wildlife watching, and other 
recreational activities that teach skills for life-
long participation in outdoor activities. 
(B) Public health initiatives to educate 
parents and caregivers about the health benefits 
of active time outdoors to fight obesity and in-
crease the quality of life for children, youth, 
and families. 
(C) Creation of natural play areas within 
communities, as defined by nationally recog-
nized guidelines, to provide opportunities for 
safe outdoor play in natural environments at 
daycare and afterschool child care sites, schools, 
parks, recreation centers, camps, libraries, mili-
tary installations, and other areas. 
(D) Development of trails and greenways 
to safely connect parks and outdoor recreation 
areas with military installations, daycare and 
afterschool child care sites, schools, and com-
munities through trail systems that encourage 
walking, biking, and increased time outdoors by 
children, youth, and families. 
(E) Creation of outdoor learning environ-
ments such as schoolyard, community, or back-
yard wildlife habitats or gardens. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(F) Environmental, sustainability, and 
conservation education and interpretation pro-
grams and activities that engage children, 
youth, and families in learning and physical ac-
tivity in the outdoors. 
(G) Service learning and volunteer oppor-
tunities to help restore natural areas, maintain 
recreational assets, and engage children, youth, 
and families in the outdoors. 
(H) Promotional activities that promote 
the benefits of time spent outdoors and invite 
children, youth, and families to enjoy the great 
outdoors by visiting nearby public and private 
lands. 
(I) Initiatives that engage health profes-
sionals, pediatricians, educators, daycare in-
structors, afterschool program providers, camp 
directors, community planners, local planning 
commissions, homeowners’ associations, envi-
ronmental professionals, military, law enforce-
ment, and business leaders in identifying inno-
vative solutions to connecting children, youth, 
and families with nature. 
(e) PRIORITY.—In making grants under subsection 
(a) and subgrants under subsection (d)(1)(B), the Sec-
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
retary and the recipient of a grant under subsection (a) 
shall give preference to eligible entities that serve individ-
uals who have limited opportunities to experience nature, 
including those who are socioeconomically disadvantaged 
or have a disability. 
(f) ADMINISTRATIVE EXPENSES.—An eligible entity 
receiving a grant under subsection (a) may not use more 
than 5 percent of the grant funds for administrative ex-
penses. 
(g) GUIDELINES.—Not later than 180 days after the 
enactment of this Act, and after notice and opportunity 
for public comment, the Secretary shall publish in the 
Federal Register guidelines on the implementation of this 
subtitle, including guidelines for— 
(1) developing and submitting strategies under 
subsection (b); and 
(2) technical assistance and dissemination of 
best practices under section 314. 
(h) REPORTING.—Not later than 2 years after the 
Secretary approves the Moving Outdoors in Nature State 
Strategy of an eligible entity receiving funds under this 
subtitle, and every year thereafter, the entity shall submit 
to the Secretary a report on the implementation of the 
strategy based on the entity’s evaluation and assessment 
of meeting the goals specified in the strategy. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
SEC. 313. NATIONAL EVALUATION OF HEALTH IMPACTS. 
The Secretary shall enter into an agreement with the 
Secretary of Health and Human Services and the Director 
of the Centers for Disease Control and Prevention for— 
(1) the development of recommendations for ap-
propriate evaluation measures and criteria for devel-
oping a study of national significance on the health 
impacts of the programs under this subtitle; and 
(2) the administration of such a study. 
SEC. 314. TECHNICAL ASSISTANCE AND BEST PRACTICES. 
The Secretary shall— 
(1) provide technical assistance to grantees 
under section 312, including training and technical 
assistance through national organizations with a 
proven track record of connecting children to the 
great outdoors; and 
(2) disseminate best practices that emerge from 
strategies funded under this subtitle. 
SEC. 315. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary to carry out this subtitle— 
(1) $15,000,000 for fiscal year 2011; 
(2) $50,000,000 for fiscal year 2012; 
(3) $100,000,000 for fiscal year 2013; and 
(4) such sums as may be necessary for subse-
quent fiscal years. 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(b) LIMITATION.—Of the amounts made available to 
carry out this subtitle for a fiscal year, not more than 5 
percent may be made available for carrying out section 
314. 
Subtitle C—Other Provisions 
SEC. 
321. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
CAROL M. WHITE PHYSICAL EDUCATION PRO-
GRAM. 
Subpart 10 of part D of title V of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7261 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 5508. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this subpart— 
‘‘(1) $100,000,000 for fiscal year 2011; 
‘‘(2) $110,000,000 for fiscal year 2012; 
‘‘(3) $120,000,000 for fiscal year 2013; 
‘‘(4) $130,000,000 for fiscal year 2014; 
‘‘(5) $140,000,000 for fiscal year 2015; and 
‘‘(6) $150,000,000 for fiscal year 2016.’’. 
SEC. 322. PHYSICAL EDUCATION GUIDELINES FOR ELE-
MENTARY AND SECONDARY SCHOOLS. 
The Secretary of Health and Human Services, acting 
through the Director of the Centers for Disease Control 
and Prevention— 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(1) not later than 1 year after the date of the 
enactment of this Act, shall issue and make available 
to the public guidelines for physical education in ele-
mentary and secondary schools; and 
(2) not less than every 5 years thereafter, up-
date such guidelines as appropriate. 
SEC. 323. TREATING PHYSICAL EDUCATION AS A CORE ACA-
DEMIC SUBJECT FOR ELEMENTARY AND SEC-
ONDARY EDUCATION GRANTS. 
Section 9101(11) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(11)) is amended 
by inserting ‘‘physical education,’’ after ‘‘arts,’’. 
SEC. 324. PHYSICAL ACTIVITY GUIDELINES FOR PRE-
SCHOOL CHILDREN. 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Health and Human Services, 
acting through the Centers for Disease Control and Pre-
vention, shall— 
(1) issue physical activity guidelines for pre-
school children, 
(2) make such guidelines available to the public, 
and 
(3) make a recommendation to each Head Start 
agency that such agency implement such guidelines 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
as appropriate in the Head Start program carried 
out by such agency. 
SEC. 325. TRACKING PHYSICAL ACTIVITY IN SCHOOLS. 
(a) REPORT CARDS.—Section 1111(h) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
6311(h)) is amended— 
(1) in paragraph (1)(C)— 
(A) in clause (vii), by striking ‘‘and’’ after 
the semicolon; 
(B) in clause (viii), by striking the period 
at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(ix) the amount of time students 
spend in required physical education as 
measured against the national standards of 
150 minutes per week of required physical 
education for students in elementary school 
and 225 minutes per week of required 
physical education for students in middle 
school and secondary school; 
‘‘(x) the percentage of local edu-
cational agencies in the State that have a 
required, age-appropriate physical edu-
cation curriculum for all students in ele-
mentary schools, middle schools, and sec-
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
ondary schools that adheres to national 
guidelines adopted by the Centers for Dis-
ease Control and Prevention and State 
standards; 
‘‘(xi) the percentage of elementary 
school and secondary school physical edu-
cation teachers who are State licensed or 
certified as physical education teachers; 
and 
‘‘(xii) the percentage of schools that 
have a School Health Council that includes 
parents, students, representatives of the 
school food authority, representatives of 
the school board, school administrators 
and members of the public and that meets 
monthly to promote a healthy school envi-
ronment.’’; 
(2) in paragraph (2)(B)(i)— 
(A) in subclause (I), by striking ‘‘and’’ 
after the semicolon; 
(B) in subclause (II), by striking ‘‘and’’ 
after the semicolon; and 
(C) by adding at the end the following: 
‘‘(III) the percentage of elemen-
tary school and secondary school 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
physical education teachers who are 
State certified as physical education 
teachers; and 
‘‘(IV) the amount of square feet 
of indoor and outdoor facilities that 
are primarily used for physical edu-
cation and the amount of square feet 
of indoor and outdoor facilities that 
are primarily used for physical activ-
ity; and’’; and 
(3) in paragraph (2)(B)(ii)— 
(A) in subclause (I), by striking ‘‘and’’ 
after the semicolon; 
(B) in subclause (II), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(III) the percentage of elemen-
tary school and secondary school 
physical education teachers who are 
State certified as physical education 
teachers; and 
‘‘(IV) the number of meetings of 
a School Health Council that includes 
parents, students, representatives of 
the school food authority, representa-
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
tives of the school board, school ad-
ministrators and members of the pub-
lic during the school year.’’. 
(b) PROMOTING PHYSICAL EDUCATION AND ACTIV-
ITY IN SCHOOL PROGRAMS.— 
(1) ELEMENTARY
AND
SECONDARY
SCHOOL 
COUNSELING PROGRAMS.—Section 5421 of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7245) is amended— 
(A) in subsection (b)(2)(H), by inserting ‘‘, 
which design and implementation shall take 
into consideration the overall emotional and 
physical well-being of students’’ after ‘‘the pro-
gram’’; and 
(B) in subsection (c)(2)(E), by inserting 
‘‘health, the importance of regular physical ac-
tivity,’’ after ‘‘relationships,’’. 
(2) SMALLER
LEARNING
COMMUNITIES.—Sec-
tion 5441(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7249(b)) is amended 
by adding at the end the following: 
‘‘(14) How the local educational agency will en-
sure that smaller learning communities support 
healthy lifestyles including participation in physical 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
education and physical activity by all students and 
access to nutritious food and nutrition education.’’. 
(3) 21ST CENTURY COMMUNITY LEARNING CEN-
TERS.— 
(A) 
PURPOSE; 
DEFINITIONS.—Section 
4201 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7171) is amend-
ed— 
(i) in subsection (a)(2), by inserting 
‘‘nutrition education programs, structured 
physical activity programs,’’ after ‘‘recre-
ation programs,’’; and 
(ii) in subsection (b)(1)(A), by insert-
ing ‘‘nutrition education, structured phys-
ical activity,’’ after ‘‘recreation,’’. 
(B) LOCAL
COMPETITIVE
GRANT
PRO-
GRAM.—Section 4204(b)(2) of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 7174(b)(2))— 
(i) in subparagraph (M), by striking 
‘‘and’’ after the semicolon; 
(ii) by redesignating subparagraph 
(N) as subparagraph (O); and 
(iii) by inserting after subparagraph 
(M) the following: 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
‘‘(N) an assurance that the proposed pro-
gram is coordinated with the physical education 
and health education programs offered during 
the school day; and’’. 
(C) LOCAL ACTIVITIES.—Section 4205(a) 
of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7175(a))— 
(i) in paragraph (11), by striking 
‘‘and’’ after the semicolon; 
(ii) in paragraph (12), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(13) programs that support a healthy, active 
lifestyle, including nutritional education and regular, 
structured physical activity programs.’’. 
(4) PARENTAL
INVOLVEMENT.—Section 1118 
of the Elementary and Secondary Education Act of 
1965 is amended— 
(A) in subsection (a)(2)— 
(i) in subparagraph (E), by striking 
‘‘and’’ at the end; 
(ii) by redesignating subparagraph 
(F) as subparagraph (G); and 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(iii) by inserting after subparagraph 
(E) the following: 
‘‘(F) involve and train parents in encour-
aging and supporting a healthy and active life-
style, including increased physical activity dur-
ing and outside the school day, and nutritional 
eating habits in the home and at school; and’’; 
(B) in subsection (d)— 
(i) in the subsection heading, by in-
serting after ‘‘ACHIEVEMENT’’ the fol-
lowing: ‘‘BY
HEALTHY, ACTIVE
STU-
DENTS’’; 
(ii) in the matter preceding paragraph 
(1), by striking ‘‘standards.’’ and inserting 
‘‘standards and to ensure that the children 
lead healthy, active lives.’’; and 
(iii) in paragraph (1)— 
(I) by inserting after ‘‘sup-
portive’’ the following: ‘‘, healthy,’’; 
(II) by striking ‘‘; and partici-
pating’’ and inserting ‘‘; partici-
pating’’; and 
(III) by inserting after ‘‘extra-
curricular time’’ the following: ‘‘and 
supporting their children in leading a 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
healthy and active life, such as by 
providing healthy meals and snacks, 
encouraging participation in physical 
education, and sharing in physical ac-
tivity outside the school day’’; and 
(C) in subsection (e)— 
(i) by redesignating paragraphs (6) 
through (14) as paragraphs (7) through 
(15), respectively; and 
(ii) by inserting after paragraph (5) 
the following: 
‘‘(6)(A) shall ensure that parents and teachers 
have information about the importance of a healthy 
lifestyle, including nutritional eating habits, physical 
education, and physical activity, to an effective 
learning environment; and 
‘‘(B) shall coordinate activities with parents 
and teachers to ensure that children are provided 
with nutritious meals and snacks, and have ample 
opportunities for physical education and physical ac-
tivity during and outside the school day;’’. 
(c) PROFESSIONAL DEVELOPMENT FOR TEACHERS 
AND PRINCIPALS.— 
(1) STATE APPLICATIONS.—Section 2112(b) of 
the Elementary and Secondary Education Act of 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
1965 (20 U.S.C. 6612(b)) is amended by adding at 
the end the following: 
‘‘(13) A description of how the State edu-
cational agency will use funds under this part to 
provide professional development that is directly re-
lated to the fields of physical education and health 
education to physical education teachers and health 
education teachers to ensure that children are lead-
ing healthy, active lifestyles that are conducive to ef-
fective learning.’’. 
(2) STATE USE OF FUNDS.—Section 2113(c)(6) 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6613(c)(6)) is amended— 
(A) by striking ‘‘, in cases in which a State 
educational agency determines support to be 
appropriate,’’; and 
(B) by inserting ‘‘, physical education 
teachers, and health education teachers’’ after 
‘‘pupil services personnel’’. 
(3) LOCAL APPLICATIONS AND NEEDS ASSESS-
MENT.—Section 2122(b)(9) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
6622(b)(9)) is amended— 
(A) in subparagraph (C), by striking 
‘‘and’’ after the semicolon; 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) improve the health and eating habits 
of students and increase rates of physical activ-
ity of students.’’. 
(4) LOCAL USE OF FUNDS.—Section 2123(a)(3) 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6623(a)(3)) is amended— 
(A) in subparagraph (A)— 
(i) in clause (i), by striking ‘‘and’’ 
after the semicolon; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(iii) effective strategies for improving 
the healthy habits of students and the 
rates of physical activity by students that 
result in the ability to learn more effec-
tively; and’’; and 
(B) in subparagraph (B)— 
(i) in clause (iv), by striking ‘‘and’’ 
after the semicolon; 
(ii) in clause (v), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
VerDate Mar 15 2010 
02:37 May 06, 2010
Jkt 089200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H5209.IH
H5209
jbell on DSKDVH8Z91PROD with BILLS