H. R. 5113
IN THE HOUSE OF REPRESENTATIVES
April 22, 2010
Mrs. Dahlkemper introduced the following bill; which was referred to the Committee on Education and Labor
To amend the Child Nutrition Act of 1966 to establish the Healthy Habits School Challenge Program to reduce childhood obesity by recognizing schools that are creating healthier school environments for children by promoting good nutrition and physical activity, and for other purposes.
Local Wellness Policy; Healthy Habits Challenge Program
The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended by inserting after section 19, the following:
Local wellness policy; Healthy habits Challenge program
Local wellness policy
Not later than the first day of the school year beginning after June 30, 2010, each local educational agency participating in a program authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall establish or expand a local school wellness policy for schools under the local educational agency that, at a minimum—
includes goals for nutrition education, physical activity, and other school-based activities that are designed to promote student wellness in a manner that the local educational agency determines is appropriate;
includes nutrition guidelines selected by the local educational agency for all foods available on each school campus under the local educational agency during the school day with the objectives of promoting student health and reducing childhood obesity;
provides an assurance that guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary pursuant to subsections (a) and (b) of section 10 of this Act and sections 9(f)(1) and 17(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(1), 1766(a)), as those regulations and guidance apply to schools;
establishes a plan for measuring implementation of the local wellness policy, including designation of 1 or more persons within the local educational agency or at each school, as appropriate, charged with operational responsibility for ensuring that the school meets the local wellness policy; and
involves parents, students, representatives of the school food authority, the school board, school administrators, and the public in the development of the school wellness policy.
Technical Assistance and Best Practices
From the amounts appropriated to carry out this paragraph, the Secretary, in coordination with the Secretary of Education and in consultation with the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, shall make available to local educational agencies, school food authorities, and State educational agencies, on request, information and technical assistance for use in—
establishing healthy school nutrition environments;
reducing childhood obesity; and
preventing diet-related chronic diseases.
Technical assistance provided by the Secretary under this paragraph shall—
include relevant and applicable examples of schools and local educational agencies that have taken steps to offer healthy options for foods sold or served in schools;
include such other technical assistance as is required to carry out the goals of promoting sound nutrition and establishing healthy school nutrition environments that are consistent with this subsection;
be provided in such a manner as to be consistent with the specific needs and requirements of local educational agencies;
providing examples of model local school wellness policies developed by the Secretary; and
be for guidance purposes only and not be construed as binding or as a mandate to schools, local educational agencies, school food authorities, or State educational agencies.
Healthy Habits School Challenge Program
From the amounts appropriated to carry out this
section, not later than 180 days after the date of the enactment of this
section, the Secretary shall establish the Healthy Habits School Challenge
Program (in this subsection referred to as the
reduce childhood obesity by recognizing schools that are creating healthier
school environments for children by promoting good nutrition and physical
In order to receive recognition under the Program, a school shall—
demonstrate to the Secretary, at such time and in such manner as the Secretary may require, that the school—
has adopted and is carrying out the model local school wellness policy described by the Secretary under subsection (a)(2)(B)(iv);
provides nutrition education—
in the case of an elementary school that offers more than 1 grade level, to students in at least half, but not fewer than 2, of the grade levels offered by the school;
in the case an elementary school that offers only 1 grade level, to all students enrolled in the school;
in the case of a middle school, to students in at least 1 grade level as part of a required year round instruction; and
in the case of a high school, in at least 2 courses required for graduation;
in the case of an elementary school or middle school, provides students with structured physical education classes and unstructured daily opportunities for physical activity;
in the case of a high school—
offers structured physical education classes to students in at least 2 grade levels; and
provides all students enrolled in the school opportunities to participate in physical activity throughout the school year; and
adheres to the most recent nutrition rules promulgated by the Secretary—
under section 9(a)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(4)) for foods and food ingredients offered in school nutrition programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and this Act; and
for foods and food ingredients offered by schools outside of the programs; and
maintain a record of the participation of students in the activities under the benchmarks developed by the Secretary under paragraph (3) and the number of the benchmarks achieved by the school, and submit a report of such record to the Secretary at such time and in such manner as the Secretary may require.
Not later than 90 days after the date of the enactment of this subsection, the Secretary shall develop demonstrable benchmarks for schools participating in the Program under this subsection, which shall take into account—
the consumption by students at participating schools of a certain number of fresh fruits and vegetables per a certain number of weeks; and
the availability of healthy alternatives for meals and snacks in the cafeteria of participating schools, including whole wheat bread products and fresh fruits and vegetables.
The Secretary and the Secretary of Education shall, jointly, determine which benchmarks should be achieved to receive distinction under the Program, and the levels of distinction available under the Program.
In this subsection:
elementary school has the meaning given such term in section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
middle school means a public
school in which the entering grade is not lower than grade 6 and the highest
grade is not higher than grade 8, as determined under State law.
high school means a public school
in which the entering grade is not lower than grade 9 and the highest grade is
grade 12, as determined under State
Updating nutrition rules
Section 9(a)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(4)) is amended by adding at the end the following:
Updating nutrition rules
From the amounts appropriated to carry out this subparagraph, the Secretary shall enter into a contract with the Institute of Medicine to provide recommendations to the Secretary on updating the rules promulgated under subparagraph (B).
Section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 108–265) is repealed.