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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Healthy Local Policies for Schools
Act of 2010'' or the ''HELP Schools Act of 2010''.

SEC. 2. FINDINGS.

Congress finds that--
(1) childhood obesity increased threefold among children
and adolescents in the 30 years preceding the date of enactment
of this Act;
(2) about 12,000,000 children and adolescents ages 2 to 19
are considered obese;
(3) obesity-related diseases cost the United States economy
more than $147,000,000,000 every year;
(4) both low levels of physical activity and an increase in
caloric intake have contributed to the unprecedented epidemic
of childhood obesity;
(5) overweight adolescents have a 70 to 80 percent chance
of becoming overweight adults, increasing the risk for chronic
disease, disability, and death;
(6) children and adolescents are--
(A) not meeting dietary recommendations;
(B) underconsuming important food groups and
nutrients needed for growth and development; and
(C) overconsuming saturated fat, trans fat, sodium,
and added sugars;
(7) nutrition education and promotion helps foster a school
environment that--
(A) supports healthy eating;
(B) helps initiate and sustain healthy eating
behaviors;
(C) increases acceptance and consumption of healthy
school meals;
(D) increases participation in school meal
programs;
(E) enhances school meal quality; and
(F) supports development and implementation of
local wellness policies;
(8) nutrition education and promotion is a critical
component of most major health promotion and disease prevention
programs;
(9) research shows that school-based nutrition programs and
services both improve health and contribute to the academic
achievement of school children;
(10) research shows that fit children achieve more
academically and have better school attendance and fewer
disciplinary problems;
(11) a comprehensive study of local wellness policies
across the United States found that--
(A) many policies were underdeveloped and
fragmented; and
(B) the vast majority of students were enrolled in
a school district that did not--
(i) require evaluation of the
implementation or effectiveness of the wellness
policy of the district; or
(ii) include any provisions for reviewing
and revising the wellness policy;
(12) the same study reported that between 5 and 6 percent
of students were enrolled in a school district that had
identified a potential source of funding to support
implementation of the wellness policy of the district;
(13) the nutrition education and promotion initiatives for
school children in effect as of the date of enactment of this
Act lack coordination, funding, and sustainability;
(14) the Physical Activity Guidelines for Americans of the
Department of Health and Human Services recommend that children
engage in at least 60 minutes of physical activity on most, and
preferably all, days of the week;
(15) children spend many waking hours at school and
therefore need to be active during the school day to meet the
recommendations of the Physical Activity Guidelines for
Americans; and
(16) as of the date of enactment of this Act--
(A) only 3.8 percent of elementary schools, 7.9
percent of middle schools, and 2.1 percent of high
schools provide daily physical education or the
equivalent for the entire school year; and
(B) 22 percent of schools do not require students
to take any physical education at all.

SEC. 3. LOCAL WELLNESS POLICIES.

Section 5 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1754) is amended to read as follows:

''SEC. 5. LOCAL WELLNESS POLICIES.

''(a) Definitions.--In this section:
''(1) Extended school day.--The term 'extended school day'
means--
''(A) the official school day; and
''(B) the time before and after the official school
day during which events or activities are primarily
under the control of the school or a third party on
behalf of the school.
''(2) Local wellness policy.--The term 'local wellness
policy' means a nutrition and physical activity wellness policy
of a local educational agency established under section 204 of
the Child Nutrition and WIC Reauthorization Act of 2004 (42
U.S.C. 1751 note; Public Law 108-265).
''(b) Requirements.--Not later than the first day of the school
year beginning 1 year after the date of enactment of the HELP Schools
Act of 2010, each local educational agency participating in a program
authorized by this Act or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) shall strengthen the local school wellness policy of the
local educational agency by ensuring, at a minimum, that the policy--
''(1) includes goals for nutrition promotion and education,
physical education, physical activity, food marketing and
advertising on the school campus, and other school-based
activities designed to promote participation in child nutrition
programs and student wellness through the extended school day,
in a manner that the local educational agency determines to be
appropriate;
''(2) includes an implementation plan to achieve the goals
of the local wellness policy;
''(3) ensures that guidelines for reimbursable school meals
are not less restrictive than regulations and guidance issued
by the Secretary pursuant to subsections (a) and (b) of section
10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) and
sections 9(f)(1) and 17(a) of this Act, as those regulations
and guidance apply to schools;
''(4) ensures that nutritional guidelines for foods and
beverages sold in schools that are not part of reimbursable
school meals are in compliance with the standards established
by the Secretary; and
''(5) includes a plan for measuring implementation of the
local wellness policy, including the designation of a local
wellness policy committee under subsection (d).
''(c) Transparency.--
''(1) In general.--In carrying out this section, each local
educational agency shall make readily available and widely
disseminate to relevant stakeholders--
''(A) the local wellness policy of the local
education agency, including the implementation plan
described in subsection (b)(5);
''(B) any assessments of the implementation of the
local wellness policy;
''(C) any updates to the local wellness policy; and
''(D) appropriate local and State contact
information.
''(2) Availability requirement.--Not later than the first
day of the school year following the date of enactment of the
HELP Schools Act of 2010, each local educational agency shall
make readily available the policy and plan described in
paragraph (1)(A).
''(3) Assessment of implementation.--
''(A) Assessment of implementation.--Not later than
2 years after the date of enactment of the HELP Schools
Act of 2010, and every 3 years thereafter, each local
educational agency shall complete and make readily
available the results of an assessment of the
implementation of the local wellness policy of the
local educational agency that includes--
''(i) the extent to which schools under the
jurisdiction of the local educational agency
are in compliance with the local wellness
policy of the agency;
''(ii) the extent to which the local
wellness policy of the local educational agency
compares with model local wellness policies
recommended under subsection (e)(2)(A)(ii); and
''(iii)(I) a description of the progress
made in attaining the goals of the local
wellness policy described in subsection (b);
and
''(II) any revisions to the local wellness
policy to more effectively address those goals.
''(d) Local Wellness Policy Committee.--
''(1) In general.--Not later than 180 days after the date
of enactment of the HELP Schools Act of 2010, each local
educational agency shall designate a standing Local Wellness
Policy Committee (referred to in this subsection as the
'Committee').
''(2) Representation.--
''(A) Required representatives.--The Committee of
each local educational agency shall be comprised of at
least 1 representative from the local educational
agency from each of the following categories of
stakeholders:
''(i) Principals.
''(ii) Teachers.
''(iii) Parents of students.
''(iv) Students.
''(v) The school food authority.
''(vi) The school board of the local
educational agency.
''(vii) The physical education program.
''(viii) School health professionals, such
as school nurses, school counselors, social
workers, or health education teachers.
''(B) Authorized representatives.--A Committee may
also include a registered dietitian, pediatrician,
dentist, a representative of the local health
department, or other representatives of the local
community.
''(3) Terms and conditions.--Each local educational agency
shall determine the terms and conditions under which each
member of the Committee of the local educational agency serves.
''(4) Duties.--Duties and responsibilities of each
Committee shall include--
''(A) ensuring that the local educational agency
served by the Committee meets the requirements
described in this section;
''(B) fostering integration of the local wellness
policy of the local educational agency with existing
coordinated school health programs, and other health-
related activities in the schools and community served
by the local educational agency; and
''(C) making Committee proceedings and other
pertinent information relating to the activities of the
Committee readily available.
''(e) Technical Assistance and Outreach.--
''(1) In general.--The Secretary, in consultation with the
Secretary of Education and the Secretary of Health and Human
Services, acting through the Centers for Disease Control and
Prevention, shall assist in the adoption of effective local
wellness policies by local educational agencies in accordance
with this section.
''(2) Outreach.--In carrying out paragraph (1), the
Secretary shall perform outreach to key State and local
stakeholders to promote effective local wellness policies and
provide technical assistance that--
''(A) includes--
''(i) a hotline, online resources, and
trainings on designing, implementing,
promoting, disseminating, and evaluating local
wellness policies and overcoming barriers to
the adoption of local wellness policies; and
''(ii) model local wellness policies and
best practices recommended by Federal agencies,
State agencies, and nongovernmental
organizations; and
''(B) is for guidance purposes only and not binding
or otherwise designed to be mandate to schools, local
educational agencies, school food authorities, or State
child nutrition programs.
''(3) Funding.--
''(A) In general.--On October 1, 2010, and on each
October 1 thereafter through October 1, 2014, out of
any funds in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall transfer to the
Secretary to carry out this paragraph $1,000,000, to
remain available until expended.
''(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this paragraph the funds transferred under
subparagraph (A), without further appropriation.
''(f) Study and Report.--
''(1) In general.--The Secretary, in conjunction with the
Director of the Centers for Disease Control and Prevention,
shall prepare a report on the implementation, strength, and
effectiveness of the local wellness policies carried out in
accordance with this section.
''(2) Study of local wellness policies.--The study
described in paragraph (1) shall include--
''(A) an analysis of the strengths and weaknesses
of local wellness policies and how the policies compare
with model local wellness policies recommended under
subsection (e)(2)(A)(ii); and
''(B) an assessment of the impact of the local
wellness policies in addressing the requirements of
subsection (b).
''(3) Report.--Not later than January 1, 2014, the
Secretary shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Education and Labor of the House of Representatives a report
that describes the findings of the study.''.

SEC. 4. REPEAL.

Section 204 of the Child Nutrition and WIC Reauthorization Act of
2004 (42 U.S.C. 1751 note; Public Law 108-265) is repealed.

SEC. 5. BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ''Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Healthy Local Policies for Schools Act of 2010 or HELP Schools Act of 2010 - Amends the Richard B. Russell National School Lunch Act to replace the nutrition promotion program with a program that requires local educational agencies (LEAs) to ensure that their local wellness policies: (1) include goals for nutrition and physical education, physical activity, on-campus food marketing and advertising, and other school-based activities that promote nutrition and wellness throughout the extended school day; (2) include plans for implementing, and measuring the implementation of, such policies; (3) require reimbursable school meals to meet certain nutritional guidelines; and (4) require the nutritional guidelines for nonreimbursable foods and beverages sold in schools to be in compliance with standards established by the Secretary of Agriculture.

Requires each LEA, within two years of this Act's enactment and every three years thereafter, to complete and disseminate an assessment of their local wellness policy.

Directs each LEA to designate a standing Local Wellness Policy Committee made up of education, health, and nutrition stakeholders to foster the integration of a local wellness policy that meets this Act's requirements with other health-related activities in the LEA's schools and community.

Requires the Secretary to: (1) provide technical assistance and outreach to key state and local stakeholders to promote effective local wellness policies; and (2) prepare a report, in conjunction with the Director of the Centers for Disease Control and Prevention (CDC), on the implementation, strength, and effectiveness of local wellness policies.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Vaccinate America's Children through
Complete Information & Education Act of 2015''.

SEC. 2. ENCOURAGING STATES TO STRENGTHEN ADMINISTRATIVE PROCEDURES
RELATED TO NONMEDICAL EXEMPTIONS FROM STATE VACCINATION
REQUIREMENTS.

(a) In General.--Section 1928 of the Social Security Act (42 U.S.C.
1396s) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
''(h) Administrative Procedures for Granting Nonmedical
Exemptions.--
''(1) Certification of adoption of procedures.--
''(A) In general.--A State program under this
section does not comply with the requirements of this
section unless the State certifies to the Secretary
that the State has established administrative
procedures for granting nonmedical exemptions from
State immunization requirements (as defined in
subparagraph (B)) that include at least 2 of the
prerequisites described in paragraph (2).
''(B) Nonmedical exemption from state immunization
requirement.--For purposes of this subsection, the term
'nonmedical exemption from State immunization
requirements' means any exemption from a State law that
requires a child to receive a pediatric vaccine
(including school immunization requirements) that is
not based on a medical reason.
''(2) Nonmedical exemption prerequisites.--The
prerequisites for granting a nonmedical exemption from State
immunization requirements described in this paragraph are the
following:
''(A) The State requires that prior to the
exemption being granted, a parent or guardian seeking a
nonmedical exemption from State immunization
requirements for a child shall discuss the consequences
of nonvaccination with the child's pediatrician or
other primary care provider and that the discussion is
noted in the child's medical record.
''(B) The State requires that prior to the
exemption being granted, a parent or guardian seeking a
nonmedical exemption from State immunization
requirements for a child read and sign a form that
discusses the risks of nonvaccination and submits the
form to the State.
''(C) The State requires that prior to the
exemption being granted, a parent or guardian seeking a
nonmedical exemption from State immunization
requirements for a child submits to the State a
notarized letter describing the parent's or guardian's
reasons for seeking the exemption.
''(D) The State requires that all nonmedical
exemptions from State immunization requirements shall
only be granted for a 1-year period and shall be
required to be renewed annually if a parent or guardian
of a child wants the exemption to continue for another
year.
''(3) Penalty.--
''(A) In general.--With respect to a fiscal year,
if a State fails to submit the certification required
under paragraph (1) or if the administrative procedures
established by the State for granting nonmedical
exemptions from State immunization requirements do not
include at least 2 of the prerequisites described in
paragraph (2), the State shall pay the Secretary an
amount equal to--
''(i) in the case of a State that is not a
manufacturer of pediatric vaccines, 5 percent
of the value (as determined by the Secretary)
of the vaccines provided to the State under
subsection (b)(2)(A) for that fiscal year; and
''(ii) in the case of a State that is a
manufacturer of pediatric vaccines, 5 percent
of the sum of--
''(I) the value (as determined by
the Secretary) of any vaccines provided
to the State under subsection (b)(2)(A)
for that fiscal year; and
''(II) the amount paid to the State
for the fiscal year under subsection
(b)(2)(C).
''(B) Treatment as an overpayment.--A State payment
required to be made to the Secretary under subparagraph
(A) shall be deemed an overpayment to the State under
this title to be disallowed against the State's regular
quarterly draw for all spending under section
1903(d)(2). Such a disallowance is not subject to a
reconsideration under section 1116(e).''.
(b) Conforming Amendments.--
(1) Section 1928 of the Social Security Act (42 U.S.C.
1396s), as amended by subsection (a), is further amended--
(A) in subsection (a)(1)(A), by striking
''subsection (h)(8)'' and inserting ''subsection
(i)(8)''; and
(B) in subsection (b)(2)(A)(iv), by striking
''subsection (h)(3)'' and inserting ''subsection
(i)(3)''.
(2) Section 609(d) of the Employee Retirement Income
Security Act of 1974 (42 U.S.C. 1169(d)) is amended by striking
''section 1928(h)(6)'' and inserting ''section 1928(i)(6)''.
(c) Effective Date.--The amendments made by this Act shall take
effect on the date that is 1 year after the date of the enactment of
this Act.
Vaccinate America's Children through Complete Information & Education Act of 2015 This bill amends title XIX (Medicaid) of the Social Security Act to require a state to certify that it has established, in its pediatric vaccine distribution program, administrative procedures regarding nonmedical exemptions from state immunization requirements. These procedures must include at least two of the following prerequisites for granting a nonmedical exemption: the child's parent or guardian shall discuss the consequences of nonvaccination with the child's primary care provider, as noted in the child's medical record; the child's parent or guardian shall read, sign, and submit to the state a form discussing the risks of nonvaccination; the child's parent of guardian shall submit to the state a notarized letter describing why the exemption is being sought; or all medical exemptions shall be granted for only a one-year period and shall be required to be renewed annually only if the child's parent or guardian wants the exemption to continue for another year. A state that does not comply with these requirements is subject to a monetary penalty.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Consumer Windfall Excess Oil Profits
Protection Act of 2005''.

SEC. 2. WINDFALL PROFITS TAX ON CRUDE OIL, NATURAL GAS, AND PRODUCTS
THEREOF.

(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:

''CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL, NATURAL GAS, AND PRODUCTS
THEREOF

''Sec. 5896. Imposition of tax.
''Sec. 5897. Windfall profit; etc.
''Sec. 5898. Special rules and definitions.

''SEC. 5896. IMPOSITION OF TAX.

''In addition to any other tax imposed under this title, there is
hereby imposed on every taxpayer an excise tax in an amount equal to 50
percent of the windfall profit for any taxable year from--
''(1) sales of any crude oil, natural gas, or other taxable
product thereof, and
''(2) net gains from transactions of an interest the price
of which is determined in whole or in part by reference to the
price of crude oil, natural gas, or other taxable product
thereof.

''SEC. 5897. WINDFALL PROFIT; ETC.

''(a) General Rule.--For purposes of this chapter, the term
'windfall profit' means the excess of--
''(1) the adjusted taxable income of the taxpayer for the
taxable year, over
''(2) the reasonably inflated average profit for such
taxable year.
''(b) Adjusted Taxable Income.--For purposes of this chapter, with
respect to any taxpayer, the adjusted taxable income for any taxable
year is equal to the taxable income for such taxable year (within the
meaning of section 63 and determined without regard to this
subsection)--
''(1) increased by any interest expense deduction,
charitable contribution deduction, and any net operating loss
deduction carried forward from any prior taxable year, and
''(2) reduced by any interest income, dividend income, and
net operating losses to the extent such losses exceed taxable
income for the taxable year.
In the case of any taxpayer which is a foreign corporation, the
adjusted taxable income shall be determined with respect to such income
which is effectively connected with the conduct of a trade or business
in the United States.
''(c) Reasonably Inflated Average Profit.--For purposes of this
chapter, with respect to any applicable taxpayer, the reasonably
inflated average profit for any taxable year is an amount equal to the
average of the adjusted taxable income of such taxpayer for taxable
years beginning during the 2000-2004 taxable year period (determined
without regard to the taxable year with the highest adjusted taxable
income in such period) plus 10 percent of such average.
''(d) Taxable Product Thereof.--The term 'taxable product thereof'
means any fuel which is a product of crude oil or natural gas.

''SEC. 5898. SPECIAL RULES AND DEFINITIONS.

''(a) Withholding and Deposit of Tax.--The Secretary shall provide
such rules as are necessary for the withholding and deposit of the tax
imposed under section 5896.
''(b) Records and Information.--Each taxpayer liable for tax under
section 5896 shall keep such records, make such returns, and furnish
such information as the Secretary may by regulations prescribe.
''(c) Return of Windfall Profit Tax.--The Secretary shall provide
for the filing and the time of such filing of the return of the tax
imposed under section 5896.
''(d) Businesses Under Common Control.--For purposes of this
chapter, all members of the same controlled group of corporations
(within the meaning of section 267(f)) and all persons under common
control (within the meaning of section 52(b) but determined by treating
an interest of more than 50 percent as a controlling interest) shall be
treated as 1 person.
''(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
chapter.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:

''Chapter 56. Windfall profits on crude oil, natural gas, and products
thereof''.

(c) Deductibility of Windfall Profit Tax.--The first sentence of
section 164(a) of such Code (relating to deduction for taxes) is
amended by inserting after paragraph (5) the following new paragraph:
''(6) The windfall profit tax imposed by section 5896.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning in 2005 or 2006.

SEC. 3. USE OF PROCEEDS FROM WINDFALL PROFITS ON CRUDE OIL, NATURAL
GAS, AND PRODUCTS THEREOF.

There are hereby appropriated amounts equivalent to the taxes
received in the Treasury under chapter 56 of the Internal Revenue Code
of 1986, as follows:
(1) 50 percent of such amounts, which shall be available
only for carrying out the Low-Income Home Energy Assistance Act
of 1981, and
(2) 50 percent of such amounts, which shall be credited to
the current appropriation of the Department of Veterans Affairs
that is available for medical services.
Consumer Windfall Excess Oil Profits Protection Act of 2005 - Amends the Internal Revenue Code to impose an excise tax of 50 percent on the windfall profit from sales of any crude oil, natural gas, or related products and the net gains from transactions related to the price of crude oil, natural gas, or related products. Defines "windfall profit" as the excess of taxpayer adjusted taxable income over the reasonably inflated average profit for the taxable year (average of taxpayer adjusted taxable income for 2000-2004, plus 10 percent of such average).

Allows a tax deduction for the payment of any such windfall profit tax.

Appropriates equal amounts of the windfall profit tax generated by this Act to carry out the Low-Income Home Energy Assistance Act of 1981 and to increase funding for Department of Veterans Affairs medical services.