[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5659 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5659

  To establish a comprehensive program for the prevention of obesity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2002

  Mr. Castle introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To establish a comprehensive program for the prevention of obesity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Obesity Prevention Act''.

SEC. 2. STATE AND LOCAL WELLNESS PROJECTS.

    Section 18 of the National School Lunch Act (42 U.S.C. 1769) is 
amended by inserting after subsection (e) the following new 
subsections:
    ``(f) State Nutrition and Physical Fitness Projects.--
            ``(1) In general.--Subject to the availability of funds 
        made available under paragraph (6), the Secretary, in 
        consultation with the Secretary of Education, shall, on a 
        competitive basis, award grants to not more than 20 State 
        educational agencies for purposes of creating model nutrition 
        education and physical fitness programs, consistent with 
        current dietary and fitness guidelines, for students in 
        elementary schools and secondary schools.
            ``(2) Requirements for state participation.--To be eligible 
        to receive a grant under this subsection, a State educational 
        agency shall submit an application to the Secretary at such 
        time, and in such manner, and containing such information as 
        the Secretary may require, including--
                    ``(A) a description of how the proposed nutrition 
                and physical activity program will promote healthy 
                eating and physical fitness and address the health and 
                social consequences of children who are overweight or 
                obese;
                    ``(B) information describing how nutrition 
                activities are to be coordinated at the State level 
                with other health activities conducted by education, 
                health, and agriculture agencies;
                    ``(C) information describing how physical fitness 
                activities are to be coordinated at the State level 
                with other fitness activities conducted by education, 
                health, and parks and recreation agencies;
                    ``(D) a description of the consultative process 
                that the State educational agency employed in the 
                development of the model nutrition and physical fitness 
                program, including consultations with individuals and 
                organizations representing the agriculture, food and 
                beverage, fitness, and other appropriate industries; 
                and
                    ``(E) a description of how the State educational 
                agency will evaluate the effectiveness of its program.
            ``(3) Duration.--Subject to the availability of funds made 
        available to carry out this subsection, a State educational 
        agency receiving a grant under this subsection shall conduct 
        the project for a period of 3 successive school years.
            ``(4) Authorized activities.--An eligible applicant that 
        receives a grant under this subsection may use funds provided 
        under the grant to carry out one or more of the following 
        activities:
                    ``(A) Collecting, analyzing, and disseminating data 
                regarding the extent to which children and youth in the 
                State are overweight or physically inactive and the 
                programs and services available to meet those needs.
                    ``(B) Developing and implementing model elementary 
                and secondary education curricula to create a 
                comprehensive, coordinated nutrition and physical 
                fitness awareness and obesity prevention program.
                    ``(C) Developing and implementing pilot programs in 
                schools to increase physical fitness and to enhance the 
                nutritional status of students, including through the 
                increased consumption of fruits and vegetables.
                    ``(D) Developing and implementing State standards 
                in health, which include nutrition education, and 
                physical education, which emphasize regular physical 
                activity during school hours.
                    ``(E) Collaborating with community based 
                organizations, volunteer organizations, State medical 
                associations, and public health groups to develop and 
                implement nutrition and physical education programs 
                targeting lower income children, ethnic minorities, and 
                other children and youth at greater risk for obesity.
                    ``(F) Collaborating with public or private 
                organizations that have as a mission the raising of 
                public awareness of the importance of a balanced diet 
                and an active lifestyle, such as 5-A-Day, a nonprofit 
                organization which seeks to increase consumption of 
                fruits and vegetables.
            ``(5) Report.--Within 18 months of completion of the 
        projects and the evaluations, the Secretary shall submit to the 
        Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate a report describing the results of 
        the evaluation of the demonstration programs and shall 
make such reports available to the public, including through the 
Internet.
            ``(6) Authorization of Appropriations.--There is authorized 
        to be appropriated for the purpose of carrying out this 
        subsection $10,000,000 for each of the fiscal years 2003 
        through 2007.
    ``(g) Local Nutrition and Physical Fitness Project.--
            ``(1) In general.--Subject to the availability of funds 
        made available under paragraph (7), the Secretary, in 
        consultation with the Secretary of Education, shall award 
        grants to not more than 100 local educational agencies, at 
        least one per State, for the establishment of pilot projects 
        for purposes of promoting healthy eating habits and increasing 
        physical fitness, consistent with current dietary and fitness 
        guidelines, among elementary and secondary education students.
            ``(2) Requirement for participation in pilot project.--To 
        be eligible to receive a grant under this subsection, a local 
        educational agency shall, in consultation with individuals who 
        possess education or experience appropriate for representing 
        the general field of public health, including nutrition and 
        fitness professionals, submit to the Secretary an application 
        that shall include--
                    ``(A) a description of the local educational 
                agency's need for nutrition and fitness programs;
                    ``(B) a description of how the proposed project 
                will improve health and nutrition through education and 
                increased access to physical activity;
                    ``(C) a description of how funds under this 
                subsection will be coordinated with other programs 
                under this Act, the Child Nutrition Act of 1966 (42 
                U.S.C. 1771 et seq.), or other Acts, as appropriate, to 
                improve student health and nutrition;
                    ``(D) a statement of the local educational agency's 
                measurable goals for nutrition and fitness education 
                and promotion and a description of the procedures the 
                agency will use for assessing and publicly reporting 
                progress toward meeting those goals; and
                    ``(E) a description of how the local educational 
                agency will evaluate the effectiveness of its program.
            ``(3) Duration.--Subject to the availability of funds made 
        available to carry out this subsection, a local educational 
        agency receiving a grant under this subsection shall conduct 
        the project during a period of 3 successive school years.
            ``(4) Authorized activities.--An eligible applicant that 
        receives a grant under this subsection may use funds provided 
        under the grant to carry out one or more of the following 
        activities:
                    ``(A) Promoting healthy eating through the 
                development and implementation of nutrition education 
                programs and curricula.
                    ``(B) Increasing opportunities for physical 
                activity through afterschool programs, athletics, 
                intramural activities, and recess;
                    ``(C) Educating parents and students about the 
                relationship of a poor diet and inactivity to obesity 
                and other health problems;
                    ``(D) Promoting and supporting school nutrition 
                services, such as counseling and behavior management.
                    ``(E) Developing and implementing physical 
                education programs that promote fitness and lifelong 
                activity.
                    ``(F) Providing training and technical assistance 
                to food service professionals to develop nutritious, 
                more appealing menus and recipes.
                    ``(G) Incorporating nutrition education into 
                physical education, health education, and afterschool 
                programs, including athletics.
                    ``(H) Involving parents, food service staff, 
                educators, community leaders, and other interested 
                parties in assessing the food options in the school 
                environment and developing and implementing an action 
                plan to promote a balanced and healthy diet.
                    ``(I) Providing nutrient content or nutrition 
                information on meals served through the school lunch or 
                school breakfast programs and items sold a la carte 
                during meal times.
                    ``(J) Encouraging the increased consumption of a 
                variety of healthy foods through new initiatives such 
                as salad bars and fresh fruit bars.
                    ``(K) Providing nutrition education, including 
                sports nutrition education, for teachers, coaches, food 
                service staff, athletic trainers, and school nurses.
            ``(5) Report.--Within 18 months of completion of the 
        projects and evaluations, the Secretary shall submit to the 
        Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate a report describing the results of 
        the evaluation of the pilot projects and shall make such 
        reports available to the public, including through the 
        Internet.
            ``(6) Authorization of Appropriations.--There are 
        authorized to be appropriated for the purpose of carrying out 
        this subsection, $20,000,000 for fiscal year 2003 and such sums 
        as may be necessary for each of fiscal years 2004 through 
        2007.''.

SEC. 3. INCORPORATION OF OBESITY PREVENTION TREATMENT AND SERVICES INTO 
              STATE CHILDREN'S HEALTH INSURANCE PROGRAMS.

    (a) In General.--The Secretary of Health and Human Services shall, 
in accordance with subsection (b), carry out a program to encourage 
States to implement plans to carry out activities to assist children 
with obesity or children at risk of becoming obese.
    (b) Relation to Children's Health Insurance Program.--
            (1) In general.--Subject to paragraph (2), if a State child 
        health plan under title XXI of the Social Security Act (42 
        U.S.C. 1397aa et seq.) provides for activities described in 
        subsection (a) to an extent satisfactory to the Secretary, the 
        Secretary shall, with amounts appropriated under subsection 
        (c), make a grant to that State to assist the State in carrying 
        out such activities.
            (2) Criteria regarding eligibility for grant.--The 
        Secretary shall publish in the Federal Register criteria 
        describing the circumstances in which the Secretary shall 
        consider a State plan to be satisfactory for purposes of 
        paragraph (1).
            (3) Requirement of matching funds.--
                    (A) In general.--With respect to the costs of the 
                activities to be carried out by a State pursuant to 
                paragraph (1), the Secretary may make a grant under 
                such paragraph only if the State agrees to make 
                available (directly or through donations from public or 
                private entities) non-Federal contributions toward such 
                costs in an amount that is not less than 15 percent of 
                the costs.
                    (B) Determination of amount contributed.--Non-
                Federal contributions required in subparagraph (A) may 
                be in cash or in kind, fairly evaluated, including 
                equipment or services. Amounts provided by the Federal 
                Government, or services assisted or subsidized to any 
                significant extent by the Federal Government, may not 
                be included in determining the amount of such non-
                Federal contributions.
            (4) Technical assistance.--With respect to State child 
        health plans under title XXI of the Social Security Act (42 
        U.S.C. 1397aa et seq.), the Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, in 
        consultation with the heads of other Federal agencies involved 
        in obesity treatment and prevention, shall make available to 
        the States technical assistance in developing the provision of 
        such plans that will provide for activities pursuant to 
        paragraph (1).
    (c) Funding.--For the purpose of carrying out this section, there 
is authorized to be appropriated $5,000,000 for each of the fiscal 
years 2003 through 2007.

SEC. 4. COMMISSION ON OBESITY TREATMENT AND PREVENTION.

    (a) Establishment and Purpose.--There is established the Commission 
on Obesity Treatment and Prevention (in this Act referred to as the 
``Commission'') whose purpose shall be to oversee the research, policy 
formation, and other activities of the Federal government regarding the 
prevention and treatment of obesity.
    (b) Duties of Commission.----
            (1) In general.--The duties of the Commission shall be to--
                    (A) facilitate coordination between the Federal 
                agencies involved in obesity treatment and prevention;
                    (B) identify State and local needs for obesity 
                treatment and prevention initiatives;
                    (C) identify ways to streamline the process through 
                which Federal agencies can aid in the treatment and 
                prevention of obesity;
                    (D) share information on successful programs and 
                initiatives carried out on Federal, State, and local 
                levels;
                    (E) create or recommend ways to better coordinate 
                the Federal response to obesity treatment and 
                prevention; and
                    (F) assure the ongoing collection of food 
                consumption data through a national system of 
                monitoring and evaluation.
            (2) Consultation.--In carrying out its duties under this 
        section, the Commission shall consult with--
                    (A) representatives of State and local governments;
                    (B) educators, including coaches and dieticians; 
                and
                    (C) community based organizations.
    (c) Membership.--The Commission shall be composed of not more than 
20 members appointed by the President as follows:
            (1) 1 representative from the Department of Health and 
        Human Services.
            (2) 2 representative from the Department of Agriculture, 1 
        of whom shall be a representative of the Food and Nutrition 
        Service.
            (3) 1 representative from the Department of Education.
            (4) 1 representative of the Center for Medicare and 
        Medicaid Services.
            (5) 1 representative of the National Center for Chronic 
        Disease Prevention and Health Promotion of the Centers for 
        Disease Control.
            (6) 1 representative of the President's Council for 
        Physical Fitness and Sports.
            (7) 1 representative from the National Institutes of 
        Health.
            (8) At least 1 representative from private sector nutrition 
        and public health organizations.
            (9) At least 1 representative from food, fitness, and other 
        appropriate industries.
            (10) Representatives of any other Federal agencies or from 
        the private sector as the President considers appropriate.
    (d) Chairperson.--The Chairperson of the Commission shall be 
elected by a majority of its members.
    (e) Terms and Vacancies.--Each member shall be appointed for a term 
of 4 years and may be reappointed for consecutive terms. A vacancy in 
the Commission shall be filled in the manner in which the original 
appointment was made.
    (f) Meetings.--The Commission shall meet at least twice a year at 
the call of the chairperson or a majority of its members.
    (g) Report.--The Commission shall transmit to the Congress a report 
every 2 years which shall--
            (1) describe and evaluate the actions that are being taken, 
        and will be taken, to treat and prevent obesity in the United 
        States; and
            (2) make recommendations for legislative and regulatory 
        action that should be taken to coordinate the Federal plan to 
        treat and prevent the problem of obesity in the United States 
        and which addresses the objectives of Healthy People 2010, the 
        health objectives of the Nation established by the Department 
        of Health and Human Services.

SEC. 5. NATIONAL HEALTH AND PHYSICAL FITNESS AWARDS.

    (a) President's Health and Fitness Awards.--The Secretary of Health 
and Human Services, in consultation with the Secretary of Education, 
shall establish a recognition program for the granting of awards, to be 
known as the ``President's Health and Fitness Awards'', to elementary 
and secondary schools with--
            (1) outstanding physical fitness and nutrition education 
        programs; and
            (2) demonstrated improvements in student fitness, nutrition 
        awareness, and overall student health.
    (b) President's Health and Fitness Teacher Achievement Awards.--
            (1) In general.--The Secretary of Health and Human 
        Services, in consultation with the Secretary of Education, 
        shall establish a program for the granting and administration 
        of awards to recognize and reward--
                    (A) teachers, coaches, or other related personnel 
                in elementary and secondary schools who demonstrate 
                excellence in providing innovative and effective 
                physical fitness and nutrition education programs for 
                elementary and secondary school students; and
                    (B) the local educational agencies that employ such 
                teachers.
            (2) Eligibility.--1 teacher, and the local educational 
        agency employing such teacher, from each State, the District of 
        Columbia, and the Commonwealth of Puerto Rico, shall be 
        eligible for an award under this subsection.
            (3) Cash awards.--
                    (A) Teachers.--The Secretary of Health and Human 
                Services is authorized to provide a cash award of up to 
                $2,500 to each teacher or coach selected to receive an 
                award pursuant to this subsection, which shall be used 
                to further the recipient's professional development in 
                physical education or nutrition education.
                    (B) Local educational agencies.--The Secretary of 
                Health and Human Services is authorized to provide a 
                cash award of up to $2,500 to the local educational 
                agency employing any teacher or coach selected to 
                receive an award pursuant to this subsection, which 
                shall be used to fund physical fitness or nutrition 
                education activities and programs. Awards granted under 
                this subparagraph shall not be used for construction 
                costs, general expenses, salaries, bonuses, or other 
                administrative expenses.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Health and Human Services such sums as 
may be necessary to carry out this section.

SEC. 6. NUTRITION AND HEALTH EDUCATION IN AFTERSCHOOL PROGRAMS.

    (a) Section 4205(a) of the Elementary and Secondary Education Act 
is amended--
            (1) in paragraph (11) by striking ``and'';
            (2) by inserting ``and'' at the end of paragraph (12) ; and
            (3) by inserting after paragraph (12) the following new 
        paragraph:
            ``(13) nutrition and health education programs.''.
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