On December 15, 2000, the United States Congress approved a mammoth omnibus spending bill which included fiscal year 2001 funding for the Departments of Health and Human Services, Education, Labor, Treasury, the Postal Service, and the entire Legislative Branch of the federal government. Included in the bill was a $5 million appropriation for the Physical Education for Progress (PEP) Act, originally introduced by Senator Ted Stevens (R-AK) and actively supported by physical educators in partnership with many organizations across the country. The Physical Education for Progress Act is now an authorized program of Title X of the Elementary and Secondary Education Act. Under the PEP program, the Secretary of Education is authorized to award grants to help initiate, expand, and improve physical education programs for kindergarten through grade 12 students. Funds can be used to purchase equipment, develop curriculum, hire and/or train PE staff, and support other initiatives designed to enable students to participate in physical education activities.

TITLE VII--PHYSICAL EDUCATION FOR PROGRESS ACT

SEC. 701. PHYSICAL EDUCATION FOR PROGRESS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following:

"PART L--PHYSICAL EDUCATION FOR PROGRESS

"SEC. 10999A. SHORT TITLE.

"This part may be cited as the `Physical Education for Progress Act'.

"SEC. 10999B. PURPOSE.

"The purpose of this part is to award grants and contracts to local educational agencies to enable the local educational agencies to initiate, expand and improve physical education programs for all kindergarten through 12th grade students.

"SEC. 10999C. FINDINGS.

"Congress makes the following findings:

"(1) Physical education is essential to the development of growing children.

"(2) Physical education helps improve the overall health of children by improving their cardiovascular endurance, muscular strength and power, and flexibility, and by enhancing weight regulation, bone development, posture, skillful moving, active lifestyle habits, and constructive use of leisure time.

"(3) Physical education helps improve the self esteem, interpersonal relationships, responsible behavior, and independence of children.

"(4) Children who participate in high quality daily physical education programs tend to be more healthy and physically fit.

"(5) The percentage of young people who are overweight has more than doubled in the 30 years preceding 1999.

"(6) Low levels of activity contribute to the high prevalence of obesity among children in the United States.

"(7) Obesity related diseases cost the United States economy more than $100,000,000,000 every year.

"(8) Inactivity and poor diet cause at least 300,000 deaths a year in the United States.

"(9) Physically fit adults have significantly reduced risk factors for heart attacks and stroke.

"(10) Children are not as active as they should be and fewer than 1 in 4 children get 20 minutes of vigorous activity every day of the week.

"(11) The Surgeon General's 1996 Report on Physical Activity and Health, and the Centers for Disease Control and Prevention, recommend daily physical education for all students in kindergarten through grade 12.

"(12) Twelve years after Congress passed House Concurrent Resolution 97, 100th Congress, agreed to December 11, 1987, encouraging State and local governments and local educational agencies to provide high quality daily physical education programs for all children in kindergarten through grade 12, little progress has been made.

"(13) Every student in our Nation's schools, from kindergarten through grade 12, should have the opportunity to participate in quality physical education. It is the unique role of quality physical education programs to develop the health-related fitness, physical competence, and cognitive understanding about physical activity for all students so that the students can adopt healthy and physically active lifestyles.

"SEC. 10999D. PROGRAM AUTHORIZED.

"The Secretary is authorized to award grants to, and enter into contracts with, local educational agencies to pay the Federal share of the costs of initiating, expanding, and improving physical education programs for kindergarten through grade 12 students by--

"(1) providing equipment and support to enable students to actively participate in physical education activities; and

"(2) providing funds for staff and teacher training and education.

"SEC. 10999E. APPLICATIONS; PROGRAM ELEMENTS.

"(a) APPLICATIONS.--Each local educational agency desiring a grant or contract under this part shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in the schools served by the agency in order to make progress toward meeting State standards for physical education.

"(b) PROGRAM ELEMENTS.--A physical education program described in any application submitted under subsection (a) may provide--

"(1) fitness education and assessment to help children understand, improve, or maintain their physical well-being;

"(2) instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every child;

"(3) development of cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle;

"(4) opportunities to develop positive social and cooperative skills through physical activity participation;

"(5) instruction in healthy eating habits and good nutrition; and

"(6) teachers of physical education the opportunity for professional development to stay abreast of the latest research, issues, and trends in the field of physical education.

"(c) SPECIAL RULE.--For the purpose of this part, extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities shall not be considered as part of the curriculum of a physical education program assisted under this part.

"SEC. 10999F. PROPORTIONALITY.

"The Secretary shall ensure that grants awarded and contracts entered into under this part shall be equitably distributed between local educational agencies serving urban and rural areas, and between local educational agencies serving large and small numbers of students.

"SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED STUDENTS.

"An application for funds under this part may provide for the participation, in the activities funded under this part, of--

"(1) homeschooled children, and their parents and teachers; or

"(2) children enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers.

"SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING.

"As a condition to continue to receive grant or contract funding after the first year of a multiyear grant or contract under this part, the administrator of the grant or contract for the local educational agency shall submit to the Secretary an annual report that describes the activities conducted during the preceding year and demonstrates that progress has been made toward meeting State standards for physical education.

"SEC. 10999I. REPORT TO CONGRESS.

"The Secretary shall submit a report to Congress not later than June 1, 2003, that describes the programs assisted under this part, documents the success of such programs in improving physical fitness, and makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this part.

"SEC. 10999J. ADMINISTRATIVE COSTS.

"Not more than 5 percent of the grant or contract funds made available to a local educational agency under this part for any fiscal year may be used for administrative costs.

"SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUPPLANT.

"(a) FEDERAL SHARE.--The Federal share under this part may not exceed--

"(1) 90 percent of the total cost of a project for the first year for which the project receives assistance under this part; and

"(2) 75 percent of such cost for the second and each subsequent such year.

"(b) SUPPLEMENT NOT SUPPLANT.--Funds made available under this part shall be used to supplement and not supplant other Federal, State and local funds available for physical education activities.

"SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated $30,000,000 for fiscal year 2001, $70,000,000 for fiscal year 2002, and $100,000,000 for each of the fiscal years 2003 through 2005, to carry out this part. Such funds shall remain available until expended.''.