II
110th CONGRESS
1st Session
S. 100
IN THE SENATE OF THE UNITED STATES
January 4, 2007
Mrs. Boxer introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To encourage the health of children in schools by promoting better nutrition and increased physical activity, and for other purposes.
Short title
This Act may be cited as the
Healthy Students Act of
2007
.
Nutritional requirements for school lunches and breakfasts
Dietary Guidelines
Section 9(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)) is amended by striking paragraph (4) and inserting the following:
Dietary Guidelines
Commission
In general
The Director of the Centers for Disease
Control and Prevention (referred to in this paragraph as the
Director
) shall establish a Commission to Improve School Meals
(referred to in this paragraph as the Commission).
Membership
The Director, in consultation with the Secretary, shall appoint members of the Commission from among individuals who are nutritionists, pediatricians, or experts in nutrition and children’s health.
Duties
The Commission shall—
review the provisions of the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) that are relevant for children;
evaluate the nutritional and dietary needs of school-age children and recommend nutritional standards for establishing a healthy school nutrition program;
not later than 90 days after the date of enactment of the Healthy Students Act of 2007, develop new nutritional standards for the school lunch program under this Act (including the afterschool care program under section 17A), the summer food service program established under section 13, the child and adult care food program established under section 17 (other than the program under section 17(o)), and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and
evaluate compliance with and enforcement of the minimum nutritional requirements established under subparagraph (B).
Foods of minimal nutritional value
In general
The Commission shall update the definition of the term food of minimal nutritional value in sections 210.11(a)(2) and 220.2(i–1) of title 7, Code of Federal Regulations (or successor regulations).
Requirement
Nutritional standards developed under subclause (III) of clause (iii) shall prohibit food of minimal nutritional value from being included in school meals described in that subclause.
Rules
Notwithstanding paragraph (2), subsection (f), and subsections (a) and (b) of section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779), not later than 90 days after nutritional standards are developed under subparagraph (A)(iii)(III), the Secretary shall promulgate and implement rules, based on the standards, that establish minimum nutritional requirements for food served under the programs described in subparagraph (A)(iii)(III).
.
Computation of adjustment
Section 11(a)(3)(B)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)(i)) is amended—
by striking reflect changes
and inserting “reflect—
changes;
.
by striking the period at the end and
inserting ; and
; and
by adding at the end the following:
any increased cost due to the costs of compliance with minimum nutritional requirements established under section 9(a)(4)(B).
.
School nutrition pilot program
Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following:
School nutrition pilot program
In general
The Secretary shall carry out a pilot program under which the Secretary shall provide grants to school districts or nonprofit organizations for schools participating in the school lunch program under this Act or the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) that promote healthy alternatives for students.
Uses
A grant provided under this subsection may be used—
to provide an alternative of organic foods in the meals served under programs described in paragraph (1) to students;
to promote healthy food education in the school curriculum;
to carry out garden to kitchen or seed to table programs; or
to provide professional development for teachers to carry out programs that promote healthy alternatives for students.
Administration
In providing grants under the pilot program, the Secretary shall give a preference to programs that promote healthy alternatives for students that can be replicated in schools.
Study; report
Study
During the period in which grant funds are used by schools under this subsection, the Secretary shall conduct a study of the pilot program.
Report
Not later than 90 days after the date on which the study is completed under subparagraph (A), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes the results of the study.
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $5,000,000.
.
Healthy Hour pilot program
Definition of eligible school
In this section, the term eligible school means an elementary school or secondary school, as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Pilot program
From amounts appropriated for this section, the Secretary of Education shall award, on a competitive basis, grants to eligible schools to enable the eligible schools to carry out Healthy Hour pilot programs described in subsection (d).
Application
An eligible school desiring a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require.
Grant activities
An eligible school receiving a grant under this section shall use grant funds to carry out a Healthy Hour pilot program by increasing the length of each school day by an hour, which hour—
shall be used exclusively for physical activity; and
may occur at any time during the school day.
Reports
School report
Not later than 90 days after the last day of the grant period for a grant under this section, a school receiving a grant under this section shall prepare and submit a report to the Secretary of Education regarding the success of the pilot program assisted by the grant.
Secretary report
Not later than 90 days after receiving all reports described in paragraph (1), the Secretary of Education shall prepare and submit to Congress a report regarding the results of the pilot programs assisted by grants under this section.
Loan forgiveness for school nurses
Part E of title VIII of the Public Health Service Act (42 U.S.C. 297a et seq.) is amended—
by redesignating sections 842, 846, 846A, and 810 as sections 840A, 840B, 840D, and 840E, respectively; and
by inserting after section 840B (as redesignated by paragraph (1)) the following:
Loan forgiveness for school nurses
In general
The Secretary shall carry out a program of making payments in accordance with subsection (b), for and on behalf of an eligible nurse who enters into an agreement with the Secretary to be employed as a full-time school nurse in an elementary school or secondary school for 3 complete school years.
Payments
The payments described in subsection (a) shall be made by the Secretary as follows:
Upon completion by the eligible nurse for whom the payments are to be made of the first year of employment pursuant to the agreement described in subsection (a), the Secretary shall pay 30 percent of the principal of, and the interest on, each qualified loan of such eligible nurse which is outstanding on the date the eligible nurse began such employment.
Upon completion by the eligible nurse of the second year of such employment, the Secretary shall pay another 30 percent of the principal of, and the interest on, each such loan.
Upon completion by the eligible nurse of the third year of such service, the Secretary shall pay another 40 percent of the principal of, and the interest on, each such loan.
Limitation
The total amount paid for and on behalf of any eligible nurse under the program under this section shall not exceed $50,000.
Application for repayment
Each eligible nurse desiring loan repayment under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
Rule of construction
Nothing in this section shall be construed to authorize the refunding of any repayment of a qualified loan.
Definitions
In this section:
Elementary school; secondary school
The terms elementary school and secondary school have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Eligible nurse
The term eligible nurse means an individual who—
is a registered nurse;
has received a baccalaureate degree in nursing from an accredited collegiate school of nursing; and
has any credential that is required in order to work as a school nurse in an elementary school or secondary school by the State in which the individual is employed pursuant to the agreement described in subsection (a).
Qualified loan
The term qualified loan means a loan from a loan fund established under this part or any other educational loan for nurse training costs, including a loan made, insured, or guaranteed under part B or part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087 et seq.).
Authorization of appropriations
There is authorized to be appropriated to carry out this section such sums as may be necessary.
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Contributions of gym equipment for elementary and secondary school purposes
In general
Subsection (e) of section 170 of the Internal Revenue Code of 1986, as amended by the Pension Protection Act of 2006, is amended by adding at the end the following new paragraph:
Special rule for contributions of exercise and gymnasium equipment for educational purposes
Limit on reduction
In the case of a qualified gymnasium contribution, the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B).
Qualified gymnasium contribution
For purposes of this paragraph, the term qualified gymnasium contribution means a charitable contribution by a corporation of any exercise or gymnasium equipment, but only if—
the contribution is to—
an educational organization described in subsection (b)(1)(A)(ii), or
an entity described in section 501(c)(3) and exempt from tax under section 501(a) (other than an entity described in subclause (I)) that is organized primarily for purposes of supporting the physical activity of children attending elementary and secondary educational institutions,
the contribution is made not later than 3 years after the date the taxpayer acquired the property (or in the case of property constructed by the taxpayer, the date the construction of the property is substantially completed),
the original use of the property is by the donor or the donee,
the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs,
the donee's use and disposition of the property will be in accordance with the provisions of clause (iv), and
the property meets such standards, if any, as the Secretary may prescribe by regulation to assure that the property meets minimum functionality and suitability standards.
Contribution to private foundation
A contribution by a corporation of any exercise or gymnasium equipment to a private foundation (as defined in section 509) shall be treated as a qualified gymnasium contribution for purposes of this paragraph if—
the contribution to the private foundation satisfies the requirements of clauses (ii) and (iv) of subparagraph (B), and
within 30 days after such contribution, the private foundation—
contributes the property to a donee described in clause (i) of subparagraph (B) that satisfies the requirements of clauses (iv) and (v) of subparagraph (B), and
notifies the donor of such contribution.
Donations of property reacquired by manufacturer
In the case of property which is reacquired by the person who constructed the property—
subparagraph (B)(ii) shall be applied to a contribution of such property by such person by taking into account the date that the original construction of the property was substantially completed, and
subparagraph (B)(iii) shall not apply to such contribution.
Special rule relating to construction of property
For the purposes of this paragraph, the rules of paragraph (4)(C) shall apply.
Definitions
For the purposes of this paragraph—
Exercise or gymnasium equipment
The term exercise or gymnasium equipment means equipment used for physical activity.
Corporation
The term corporation has the meaning given to such term by paragraph (4)(D).
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Effective date
The amendment made by this section shall apply to contributions made in taxable years ending after the date of the enactment of this Act.