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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Support Enforcement 
Improvements Act of 1993''.

SEC. 2. NONLIABILITY FOR DEPOSITORY INSTITUTIONS PROVIDING FINANCIAL 
              RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN 
              CHILD SUPPORT CASES.

    (a) In General.--Notwithstanding any other provision of Federal or 
State law, a depository institution shall not be liable under any 
Federal or State law to any person for disclosing any financial record 
of an individual to a State child support enforcement agency attempting 
to establish, modify, or enforce a child support obligation of such 
individual.
    (b) Prohibition of Disclosure of Financial Record Obtained by State 
Child Support Enforcement Agency.--A State child support enforcement 
agency which obtains a financial record of an individual from a 
financial institution pursuant to subsection (a) may disclose such 
financial record only for the purpose of, and to the extent necessary 
in, establishing, modifying, or enforcing a child support obligation of 
such individual.
    (c) Civil Damages for Unauthorized Disclosure.--
            (1) Disclosure by state officer or employee.--If any 
        officer or employee of a State knowingly, or by reason of 
        negligence, discloses a financial record of an individual in 
        violation of subsection (b), such individual may bring a civil 
        action for damages against such State in a district court of 
        the United States.
            (2) No liability for good faith but erroneous 
        interpretation.--No liability shall arise under this subsection 
        with respect to any disclosure which results from a good faith, 
        but erroneous, interpretation of subsection (b).
            (3) Damages.--In any action brought under paragraph (1), 
        upon a finding of liability on the part of the defendant, the 
        defendant shall be liable to the plaintiff in an amount equal 
        to the sum of--
                    (A) the greater of--
                            (i) $1,000 for each act of unauthorized 
                        disclosure of a financial record with respect 
                        to which such defendant is found liable; or
                            (ii) the sum of--
                                    (I) the actual damages sustained by 
                                the plaintiff as a result of such 
                                unauthorized disclosure; plus
                                    (II) in the case of a willful 
                                disclosure or a disclosure which is the 
                                result of gross negligence, punitive 
                                damages; plus
                    (B) the costs of the action.
    (d) Definitions.--For purposes of this section:
            (1) The term ``depository institution'' means--
                    (A) a depository institution, as defined by section 
                3(c) of the Federal Deposit Insurance Act;
                    (B) an institution-affiliated party, as defined by 
                section 3(u) of such Act; and
                    (C) any Federal credit union or State credit union, 
                as defined by section 101 of the Federal Credit Union 
                Act, including an institution-affiliated party of such 
                a credit union, as defined by section 206(r) of such 
                Act.
            (2) The term ``financial record'' has the meaning given 
        such term by section 1101 of the Right to Financial Privacy Act 
        of 1978.
            (3) The term ``State child support enforcement agency'' 
        means a State agency which administers a State program for 
        establishing and enforcing child support obligations.

SEC. 3. ACCESS TO AND USE OF CONSUMER REPORTS BY STATE CHILD SUPPORT 
              ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.

    (a) In General.--Section 604 of the Fair Credit Reporting Act (15 
U.S.C. 1681b) is amended by adding at the end the following:
            ``(4) To a State child support enforcement agency that is 
        seeking to establish, modify, or enforce a child support 
        obligation against the consumer, if--
                    ``(A) the paternity of the consumer for the child 
                to which the obligation relates has been established or 
                acknowledged by the consumer in accordance with State 
                laws under which the obligation arises (if required by 
                those laws); and
                    ``(B) the State child support enforcement agency--
                            ``(i) before obtaining the consumer report, 
                        provides written notice to the consumer that 
                        the State agency intends to obtain a consumer 
                        report on the consumer; and
                            ``(ii) certifies to the consumer reporting 
                        agency that--
                                    ``(I) the requirement in 
                                subparagraph (A) has been fulfilled (if 
                                applicable); and
                                    ``(II) the notice required by 
                                clause (i) has been provided.''.
    (b) State Child Support Enforcement Agency Defined.--Section 603 of 
such Act (15 U.S.C. 1681a) is amended by adding at the end the 
following new subsection:
    ``(j) The term `State child support enforcement agency' means a 
State agency which administers a State program for establishing and 
enforcing child support obligations.''.

SEC. 4. HEALTH CARE SUPPORT.

    (a) Inclusion in Child Support Orders.--
            (1) In general.--Section 466(a) of the Social Security Act 
        (42 U.S.C. 666(a)) is amended by inserting after paragraph (10) 
        the following:
            ``(11) Not later than the beginning of the 9th calendar 
        month that begins after the date the Secretary prescribes final 
        regulations as provided for in section 467(d)(2):
                    ``(A) Procedures which require any child support 
                order, issued or modified by a court or administrative 
                agency of the State on or after the effective date of 
                guidelines established by the State under section 
                467(d), to provide for coverage of the health care 
                costs of the child in accordance with such guidelines.
                    ``(B) Procedures which require the expedited 
                consideration and disposition of any allegation of 
                noncompliance with an obligation to cover the health 
                care costs of a child imposed under a child support 
                order issued or modified in the State.''.
            (2) State guidelines.--Section 467 of such Act (42 U.S.C. 
        667) is amended by adding at the end the following:
    ``(d)(1) Not later than the beginning of the 9th calendar month 
that begins after the date the Secretary prescribes final regulations 
in accordance with paragraph (2), each State, as a condition for having 
its State plan approved under this part, must establish guidelines for 
the coverage of the health care costs of children pursuant to child 
support orders issued or modified in the State, which guidelines shall 
create a streamlined process that meets the minimum standards 
established by the Secretary in such regulations.
    ``(2)(A) The Secretary shall promulgate regulations which set forth 
minimum standards that any set of guidelines established pursuant to 
paragraph (1) must meet in providing for the coverage of the health 
care costs of children pursuant to child support orders issued or 
modified in the State, including--
            ``(i) the contents of such an order with respect to the 
        coverage of such costs;
            ``(ii) the distribution of responsibility for such costs;
            ``(iii) to the extent that such costs are to be covered 
        through health insurance--
                    ``(I) the provision of such insurance;
                    ``(II) the payment of insurance claims; and
                    ``(III) the rights of the noncustodial parent and 
                the custodial parent to insurance information;
            ``(iv) the circumstances under which a provider of health 
        insurance may or may not deny coverage to a child who is the 
        subject of such an order;
            ``(v) penalties to be imposed on providers of health 
        insurance who fail to comply with the guidelines; and
            ``(vi) how changes in the circumstances of the noncustodial 
        parent and the custodial parent are to be taken into account 
        with respect to the coverage of such costs.
    ``(B) In developing such standards, the Secretary shall ensure 
that, in establishing guidelines pursuant to paragraph (1), the State 
considers the following matters in the following order of importance:
            ``(i) The best interests of the child.
            ``(ii) The financial and other circumstances of the parents 
        of the child.
            ``(iii) Cost-effectiveness.
    ``(3) The preceding subsections of this section shall apply in like 
manner to the guidelines established pursuant to this subsection.''.
            (3) Regulations.--
                    (A) Proposed regulations.--Within 9 months after 
                the date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue proposed 
                regulations to implement the amendments made by this 
                subsection.
                    (B) Final regulations.--Within 14 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue final regulations 
                to implement the amendments made by this subsection.
    (b) Inclusion in Incentive Payments Program of Dependent Health 
Insurance Provided Due to Successful Enforcement.--
            (1) In general.--Section 458(b) of the Social Security Act 
        (42 U.S.C. 658(b)) is amended by adding at the end the 
        following:
    ``(5)(A) For purposes of this section, the successful enforcement 
by the State of a provision of a support order requiring an absent 
parent to obtain health insurance for 1 or more children shall be 
considered the collection of support from the absent parent, without 
regard to the means by which such support is provided.
    ``(B) The amount of support collected in any case in which the 
State successfully enforces a provision of a support order requiring an 
absent parent to obtain health insurance for 1 or more children shall 
be the savings to the State from the provision of such health insurance 
to such children, as determined in accordance with a health insurance 
savings methodology adopted by the State in accordance with regulations 
prescribed by the Secretary.''.
            (2) Regulations.--Within 6 months after the date of the 
        enactment of this Act, the Secretary of Health and Human 
        Services shall prescribe such regulations as may be necessary 
        to implement the amendment made by paragraph (1).
            (3) Study; report.--
                    (A) Study.--The Secretary of Health and Human 
                Services shall conduct a study to determine the 
                incentives that should be provided to encourage States 
                to enforce obligations of noncustodial parents to pay 
                (and obtain medical insurance coverage with respect to) 
                the reasonable and necessary health and dental expenses 
                of the children to whom the noncustodial parents owe 
                such obligations.
                    (B) Report.--Not later than 12 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services shall submit to the Committee 
                on Ways and Means of the House of Representatives and 
                the Committee on Finance of the Senate the results of 
                the study required by subparagraph (A).

SEC. 5. ANNUAL REPORTS ON STATE COMPLIANCE WITH TIME LIMITS WITHIN 
              WHICH STATE MUST PROVIDE CERTAIN CHILD SUPPORT 
              ASSISTANCE.

    Section 452(a)(10) of the Social Security Act (42 U.S.C. 
652(a)(10)) is amended--
            (1) in subparagraph (H), by striking ``and'';
            (2) in subparagraph (I), by striking the period and 
        inserting ``; and''; and
            (3) by inserting after subparagraph (I) the following:
                    ``(J) compliance, by State, with the standards 
                established pursuant to subsections (h) and (i).''.

SEC. 6. WAGES WITHHELD BY EMPLOYERS TO PAY CHILD SUPPORT OBLIGATIONS 
              REQUIRED TO BE PAID TO STATE WITHIN 10 DAYS; LATE PAYMENT 
              PENALTY IMPOSED ON EMPLOYERS.

    (a) In General.--Section 466(b)(6)(A) of the Social Security Act 
(42 U.S.C. 666(b)(6)(A)) is amended--
            (1) in clause (i), by inserting ``within 10 days after the 
        payment of such wages'' before ``to the appropriate agency''; 
        and
            (2) by adding at the end the following:
            ``(iii) The State must require any employer who fails to 
        make any payment required in accordance with clause (i) within 
        the 10-day period described therein to pay the State a $1,000 
        penalty. The State must expend all penalties collected in 
        accordance with this clause for the operation of the State plan 
        approved under section 454, not later than the end of the 
        calendar quarter following the calendar quarter in which 
        collected.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2) of 
        this subsection, the amendments made by subsection (a) of this 
        section shall take effect on the date of the enactment of this 
        Act and apply to wages paid on or after such date and payments 
        under part D of title IV of the Social Security Act for 
        calendar quarters beginning on or after such date.
            (2) Delay permitted if state legislation required.--In the 
        case of a State plan approved under section 454 of the Social 
        Security Act which the Secretary of Health and Human Services 
        determines requires State legislation (other than legislation 
        appropriating funds) in order for the plan to meet the 
        additional requirements imposed by the amendments made by 
        subsection (a) of this section, the State plan shall not be 
        regarded as failing to comply with the requirements of such 
        section 454 solely on the basis of the failure of the plan to 
        meet such additional requirements before the 1st day of the 1st 
        calendar quarter beginning after the close of the 1st regular 
        session of the State legislature that begins after the date of 
        the enactment of this Act. For purposes of the previous 
        sentence, in the case of a State that has a 2-year legislative 
        session, each year of such session shall be deemed to be a 
        separate regular session of the State legislature.

SEC. 7. NATIONAL PARENT LOCATOR NETWORK.

    Section 453 of the Social Security Act (42 U.S.C. 653) is amended 
by adding at the end the following:
    ``(g) The Secretary shall expand the Parent Locator Service to 
establish a national network based on the comprehensive statewide child 
support enforcement systems developed by the States, to--
            ``(1) allow each State to--
                    ``(A) locate any absent parent who owes child 
                support, for whom a child support obligation is being 
                established, or for whom an order for visitation is 
                being enforced, by--
                            ``(i) accessing the records of other State 
                        agencies and sources of locate information 
                        directly from one computer system to another; 
                        and
                            ``(ii) accessing Federal sources of locate 
                        information in the same fashion;
                    ``(B) access the files of other States to determine 
                whether there are other child support orders involving 
                the same absent parent, and obtain the details of any 
                such order;
                    ``(C) provide for both on-line and batch processing 
                of locate requests, with on-line access restricted to 
                cases in which the information is needed immediately 
                (for such reasons as court appearances) and batch 
                processing used to `troll' data bases to locate 
                individuals or update information periodically; and
                    ``(D) direct locate requests to individual States 
                or Federal agencies, broadcast requests to selected 
                States, or broadcast cases to all States when there is 
                no indication of the source of needed information;
            ``(2) provide for a maximum of 48-hour turnaround time for 
        information to be broadcast and returned to a requesting State; 
        and
            ``(3) provide ready access to courts of the information on 
        the network by location of a computer terminal in each 
        court.''.

                                 

HR 2396 IH----2

A: Child Support Enforcement Improvements Act of 1993 - Makes depository institutions not liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual.  Prohibits such an agency from disclosing such a record for any other purpose and provides for civil damages for unauthorized disclosures. 
Amends the Fair Credit Reporting Act to permit credit reporting agencies to grant access to certain consumer reports to a State child support enforcement agency that is seeking to establish, modify, or enforce a child support obligation against the consumer. 
Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to:  (1) require State laws to provide for the use of procedures requiring child support orders to provide for coverage of the health care costs of the child in accordance with State guidelines; (2) include under the incentive payments program any dependent medical insurance coverage which is provided due to the successful application of such procedures; (3) direct HHS' Office of Child Support Enforcement to report to the Congress annually on State compliance with specified standards establishing time limits for State response to certain child support assistance requests; (4) require States to assess a penalty against any employer who fails to make timely payment of withheld wages to pay child support obligations of an employee; and (5) direct the Office to develop a national parent locator network which would build on comprehensive statewide child support enforcement systems to allow States to carry out specified parent locator activities. 
Directs the Secretary of Health and Human Services (HHS) to study and report to specified congressional committees on how the successful efforts of States in enforcing obligations of absent parents to pay (and obtain medical insurance coverage with respect to) the health and dental expenses of their children should be rewarded through an incentive payments program.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing Lead in Drinking Water 
Act''.

SEC. 2. REDUCING LEAD IN DRINKING WATER.

    (a) Definition of Lead Service Line.--Section 1401 of the Safe 
Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the 
following new paragraph:
            ``(17) Lead service line.--The term `lead service line' 
        means a service line that is not lead free (within the meaning 
        of section 1417).''.
    (b) Replacing Lead Service Lines.--Section 1417 of the Safe 
Drinking Water Act (42 U.S.C. 300g-6) is amended by adding at the end 
the following:
    ``(f) Replacing Lead Service Lines.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means--
                            ``(i) an owner or operator of a public 
                        water system;
                            ``(ii) a qualified nonprofit organization, 
                        as determined by the Administrator; or
                            ``(iii) a municipality or a State, 
                        interstate, or intermunicipal agency.
                    ``(B) Lead pipe replacement program.--The term 
                `lead pipe replacement program' means a project or 
                activity the primary purpose of which is to eliminate 
                lead in water for human consumption by--
                            ``(i) replacing lead service lines;
                            ``(ii) testing, planning, or carrying out 
                        other relevant activities, as determined by the 
                        Administrator, to identify the location and 
                        condition of lead service lines; or
                            ``(iii) providing assistance to low-income 
                        homeowners to replace privately owned lead 
                        service lines.
                    ``(C) Low-income homeowner.--The term `low-income 
                homeowner' has such meaning as may be given the term by 
                the Governor of the applicable State.
            ``(2) Grant program.--
                    ``(A) Establishment.--Not later than 180 days after 
                the date of enactment of this subsection, the 
                Administrator shall establish a grant program to 
                provide assistance to eligible entities for lead pipe 
                replacement programs.
                    ``(B) Evaluation.--In determining whether to 
                provide assistance to an eligible entity under this 
                subsection, the Administrator shall evaluate whether 
                the eligible entity has--
                            ``(i) a current inventory of lead service 
                        lines in the applicable public water system;
                            ``(ii) a plan to notify customers of such 
                        public water system of the replacement of any 
                        publicly owned portion of a lead service line;
                            ``(iii) a plan to replace the privately 
                        owned portion of a lead service line at the 
                        cost of replacement;
                            ``(iv) a plan for a program of assistance 
                        to low-income homeowners to replace the 
                        privately owned portion of lead service lines; 
                        or
                            ``(v) a plan of recommended measures to 
                        avoid exposure of the public to short-term 
                        increases in lead levels following a lead 
                        service line replacement.
                    ``(C) Priority application.--In providing 
                assistance under this subsection, the Administrator 
                shall give priority to an eligible entity that--
                            ``(i) will carry out a lead pipe 
                        replacement program at a public water system 
                        that has exceeded the lead action level 
                        established by the Administrator at any time 
                        during the 3-year period preceding the date of 
                        submission of the application of the eligible 
                        entity;
                            ``(ii) will address lead levels in water 
                        for human consumption at a school, daycare, or 
                        other facility that primarily serves children 
                        or subpopulations at greater risk as identified 
                        under section 1458(a);
                            ``(iii) will include in the lead pipe 
                        replacement program a program to provide 
                        assistance to low-income homeowners; or
                            ``(iv) addresses such priority criteria as 
                        the Administrator may establish, consistent 
                        with the goal of reducing lead in water for 
                        human consumption.
                    ``(D) Cost sharing.--
                            ``(i) In general.--Subject to clause (ii), 
                        the non-Federal share of the total cost of a 
                        program funded by a grant provided under this 
                        subsection shall be not less than 20 percent.
                            ``(ii) Waiver.--The Administrator may 
                        reduce or eliminate the non-Federal share 
                        required under clause (i) for reasons of 
                        affordability, as the Administrator determines 
                        to be appropriate.
                    ``(E) Low-income homeowner assistance.--
                            ``(i) In general.--Subject to clause (ii), 
                        an eligible entity may use a grant provided 
                        under this subsection to provide assistance to 
                        low-income homeowners to replace privately 
                        owned lead service lines.
                            ``(ii) Limitation.--The amount of 
                        assistance provided to an individual low-income 
                        homeowner under this subparagraph shall not 
                        exceed $10,000.
            ``(3) Guidance.--Not later than 180 days after the date of 
        enactment of this subsection, the Administrator shall, in 
        cooperation with States and qualified nonprofit organizations, 
        develop guidance for owners and operators of public water 
        systems to assist such owners and operators in the preparation 
        of an inventory of lead service lines in their public water 
        system.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $100,000,000 for each of fiscal years 2017 through 2021.''.

A: Reducing Lead in Drinking Water Act This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency to establish a grant program to remove lead service lines from public water systems. Grant recipients may use grant funds to assist low-income homeowners with replacing privately owned lead service lines.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fitness Integrated with Teaching 
Kids Act'' or the ``FIT Kids Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Childhood obesity has reached epidemic proportions in 
        the United States.
            (2) Obesity-related diseases cost the United States economy 
        more than $117,000,000,000 every year.
            (3) The prevalence of overweight children between the ages 
        of 6 and 11 years increased from 4.0 percent in 1971-1974 to 
        17.5 percent in 2001-2004, and the prevalence of overweight 
        adolescents between the ages of 12 and 19 years increased from 
        6.1 percent to 17.0 percent.
            (4) More than 9,000,000 children and adolescents between 
        the ages of 6 and 19 years are considered overweight on the 
        basis of being in the 95th percentile or higher of BMI values 
        in the 2000 CDC growth chart for the United States.
            (5) If children do not become more active and healthy, one-
        third of all children born in 2000 or later will suffer from 
        diabetes at some point in their lives.
            (6) Of all United States deaths from major chronic disease, 
        23 percent are linked to sedentary lifestyles that now begin at 
        childhood.
            (7) Adolescents who are overweight have a 70-80 percent 
        chance of becoming overweight adults, increasing their risk for 
        chronic disease, disability, and death.
            (8) A recent study showed that plaque build-up in the neck 
        arteries of children who are obese or those with high 
        cholesterol is similar to those levels seen in middle-aged 
        adults.
            (9) A decline in physical activity has contributed to the 
        unprecedented epidemic of childhood obesity.
            (10) The Physical Activity Guidelines for Americans 
        recommend that children engage in 60 minutes or more of 
        physical activity each day.
            (11) In a 2005 Government Accountability Office report on 
        key strategies to include in programs designed to target 
        childhood obesity, ``increasing physical activity'' was 
        identified as the most important component in any such program.
            (12) Part of the decline in physical activity has been in 
        our Nation's schools, where physical education programs have 
        been cut back in the past 2 decades.
            (13) The national standard for physical education frequency 
        is 150 minutes per week in elementary school and 225 minutes 
        per week in middle school and high school.
            (14) Only 3.8 percent of elementary school, 7.9 percent of 
        middle school, and 2.1 percent of high schools provide daily 
        physical education or its equivalent for the entire school 
        year, and 22 percent of schools do not require students to take 
        any physical education at all.
            (15) Among children ages 9 to 13, 61.5 percent do not 
        participate in any organized physical activity during out-of-
        school hours.
            (16) Regular physical activity is associated with a 
        healthier, longer life and a lower risk of cardiovascular 
        disease, high blood pressure, diabetes, obesity, and some 
        cancers.
            (17) Research suggests a strong correlation between 
        children's fitness and their academic performance as measured 
        by grades in core subjects and standardized test scores.
            (18) Approximately 81 percent of adults believe daily 
        physical education should be mandatory in schools.

SEC. 3. REPORT CARDS.

    Section 1111(h) of the Elementary 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 educational 
                        agencies in the State that have a required, 
                        age-appropriate physical education curriculum 
                        for all students in elementary schools, middle 
                        schools, and secondary schools that adheres to 
                        national guidelines adopted by the Centers for 
                        Disease Control and Prevention and State 
                        standards;
                            ``(xi) the percentage of elementary school 
                        and secondary school physical education 
                        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 environment.'';
            (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 
                                elementary school and secondary school 
                                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 education 
                                and the amount of square feet of indoor 
                                and outdoor facilities that are 
                                primarily used for physical activity; 
                                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 period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                                    ``(III) the percentage of 
                                elementary 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, 
                                representatives of the school board, 
                                school administrators and members of 
                                the public during the school year.''.

SEC. 4. PROMOTING PHYSICAL EDUCATION AND ACTIVITY IN SCHOOL PROGRAMS.

    (a) Elementary and Secondary School Counseling Programs.--Section 
5421 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7245) is amended--
            (1) 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 
        program''; and
            (2) in subsection (c)(2)(E), by inserting ``health, the 
        importance of regular physical activity,'' after 
        ``relationships,''.
    (b) Smaller Learning Communities.--Section 5441(b) of the 
Elementary and Secondary Education 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 ensure that 
        smaller learning communities support healthy lifestyles 
        including participation in physical education and physical 
        activity by all students and access to nutritious food and 
        nutrition education.''.
    (c) 21st Century Community Learning Centers.--
            (1) Purpose; definitions.--Section 4201 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7171) is 
        amended--
                    (A) in subsection (a)(2), by inserting ``nutrition 
                education programs, structured physical activity 
                programs,'' after ``recreation programs,''; and
                    (B) in subsection (b)(1)(A), by inserting 
                ``nutrition education, structured physical activity,'' 
                after ``recreation,''.
            (2) Local competitive grant program.--Section 4204(b)(2) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7174(b)(2))--
                    (A) in subparagraph (M), by striking ``and'' after 
                the semicolon;
                    (B) by redesignating subparagraph (N) as 
                subparagraph (O); and
                    (C) by inserting after subparagraph (M) the 
                following:
                    ``(N) an assurance that the proposed program is 
                coordinated with the physical education and health 
                education programs offered during the school day; 
                and''.
            (3) Local activities.--Section 4205(a) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7175(a))--
                    (A) in paragraph (11), by striking ``and'' after 
                the semicolon;
                    (B) in paragraph (12), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(13) programs that support a healthy, active lifestyle, 
        including nutritional education and regular, structured 
        physical activity programs.''.
    (d) Parental Involvement.--Section 1118 of the Elementary and 
Secondary Education Act of 1965 is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (F) as 
                subparagraph (G); and
                    (C) by inserting after subparagraph (E) the 
                following:
                    ``(F) involve and train parents in encouraging and 
                supporting a healthy and active lifestyle, including 
                increased physical activity during and outside the 
                school day, and nutritional eating habits in the home 
                and at school; and'';
            (2) in subsection (d)--
                    (A) in the subsection heading, by inserting after 
                ``Achievement'' the following: ``by Healthy, Active 
                Students'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``standards.'' and inserting ``standards and 
                to ensure that the children lead healthy, active 
                lives.''; and
                    (C) in paragraph (1)--
                            (i) by inserting after ``supportive'' the 
                        following: ``, healthy,'';
                            (ii) by striking ``; and participating'' 
                        and inserting ``; participating''; and
                            (iii) by inserting after ``extracurricular 
                        time'' the following: ``and supporting their 
                        children in leading a healthy and active life, 
                        such as by providing healthy meals and snacks, 
                        encouraging participation in physical 
                        education, and sharing in physical activity 
                        outside the school day''; and
            (3) in subsection (e)--
                    (A) by redesignating paragraphs (6) through (14) as 
                paragraphs (7) through (15), respectively; and
                    (B) 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 activity during and outside the school day;''.

SEC. 5. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND PRINCIPALS.

    (a) State Applications.--Section 2112(b) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6612(b)) is amended by 
adding at the end the following:
            ``(13) A description of how the State educational agency 
        will use funds under this part to provide professional 
        development that is directly related to the fields of physical 
        education and health education to physical education teachers 
        and health education teachers to ensure that children are 
        leading healthy, active lifestyles that are conducive to 
        effective learning.''.
    (b) 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--
            (1) by striking ``, in cases in which a State educational 
        agency determines support to be appropriate,''; and
            (2) by inserting ``, physical education teachers, and 
        health education teachers'' after ``pupil services personnel''.
    (c) Local Applications and Needs Assessment.--Section 2122(b)(9) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6622(b)(9)) is amended--
            (1) in subparagraph (C), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) improve the health and eating habits of 
                students and increase rates of physical activity of 
                students.''.
    (d) 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--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``and'' after the 
                semicolon; and
                    (B) by adding at the end the following:
                            ``(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 effectively; and''; 
                        and
            (2) in subparagraph (B)--
                    (A) in clause (iv), by striking ``and'' after the 
                semicolon;
                    (B) in clause (v), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(vi) provide training, with curricula 
                        that is evidence-based, in how to teach 
                        physical education and health education that 
                        results in the ability of students to learn 
                        more effectively.''.

SEC. 6. NATIONAL RESEARCH COUNCIL STUDY.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Education shall enter into a contract with the 
National Research Council of the National Academy of Sciences to--
            (1) examine and make recommendations regarding--
                    (A) various means that may be employed to 
                incorporate physical activity into Head Start and 
                childcare settings, elementary, middle, and high school 
                settings, and before- and after-school programs; and
                    (B) innovative and effective ways to increase 
                physical activity for all students;
            (2) study the impact of health, level of physical activity, 
        and amount of physical education on students' ability to learn 
        and maximize performance in school; and
            (3) study and provide specific recommendations for--
                    (A) effectively measuring the progress of students, 
                at the school level, in improving their health and 
                well-being, including improving their--
                            (i) knowledge, awareness, and behavior 
                        changes, related to nutrition and physical 
                        activity;
                            (ii) cognitive development, and fitness 
                        improvement, in physical education;
                            (iii) knowledge of lifetime physical 
                        activity and health promotion;
                            (iv) decrease in obesity; and
                            (v) levels on overall health indicators; 
                        and
                    (B) effectively measuring the progress of students, 
                at the school level, in increasing physical activity.

A:
Fitness Integrated with Teaching Kids Act or FIT Kids Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require annual state and local educational agency report cards to include specified information on school health and physical education programs.

Includes the promotion of healthy, active lifestyles by students within ESEA grant programs that support school counseling, smaller learning communities, community learning centers, and parental involvement in their childrens' education.

Revises the professional development program for teachers and principals to include training for physical and health education teachers, and training on improving students' health habits and participation in physical activities.

Directs the Secretary of Education to contract with the National Academy of Sciences (NAS) for a study that: (1) assesses the effect health and physical education have on students' ability to learn; and (2) makes recommendations for improving, and measuring improvements to, their health and physical education in schools.
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