[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2821 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2821

To establish grants to provide health services for improved nutrition, 
    increased physical activity, obesity prevention, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2002

   Mr. Frist (for himself, Mr. Bingaman, Mr. Dodd, Mr. Stevens, Mrs. 
Clinton, Mr. Warner, Mrs. Murray, Mr. DeWine, and Mr. Lugar) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To establish grants to provide health services for improved nutrition, 
    increased physical activity, obesity prevention, and for other 
                               purposes.

    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 ``Improved Nutrition and Physical 
Activity Act'' or the ``IMPACT Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) An estimated 61 percent of United States adults and 13 
        percent of children and adolescents are overweight or obese.
            (2) The prevalence of obesity and being overweight is 
        increasing among all age groups. There are twice the number of 
        overweight children and 3 times the number of overweight 
        adolescents as there were 29 years ago.
            (3) An estimated 300,000 deaths a year are associated with 
        being overweight or obese.
            (4) Obesity and being overweight are associated with 
        increased risk for heart disease (the leading cause of death), 
        cancer (the second leading cause of death), diabetes (the 6th 
        leading cause of death), and musculoskeletal disorders.
            (5) Individuals who are obese have a 50 to 100 percent 
        increased risk of premature death.
            (6) The Healthy People 2010 goals identify obesity and 
        being overweight as one of the Nation's leading health problems 
        and include objectives of increasing the proportion of adults 
        who are at a healthy weight, reducing the proportion of adults 
        who are obese, and reducing the proportion of children and 
        adolescents who are overweight or obese.
            (7) Another goal of Healthy People 2010 is to eliminate 
        health disparities among different segments of the population. 
        Obesity is a health problem that disproportionally impacts 
        medically underserved populations.
            (8) The United States Surgeon General's report ``A Call To 
        Action'' lists the treatment and prevention of obesity as a top 
        national priority.
            (9) The estimated direct and indirect annual cost of 
        obesity in the United States is $117,000,000,000, which exceeds 
        the cost of tobacco-related illnesses and appears to be rising 
        dramatically.
            (10) Weight control programs should promote a healthy 
        lifestyle including regular physical activity and healthy 
        eating, as consistently discussed and identified in a variety 
        of public and private consensus documents, including ``A Call 
        to Action'' and other documents prepared by the Department of 
        Health and Human Services and other agencies.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Obese.--The term ``obese'' means an adult with a Body 
        Mass Index (BMI) of 30 kg/m<SUP>2</SUP> or greater.
            (2) Overweight.--The term ``overweight'' means an adult 
        with a Body Mass Index (BMI) of 25 to 29.9 kg/m<SUP>2</SUP> and 
        a child or adolescent with a BMI at or above the 95th 
        percentile on the revised Centers for Disease Control and 
        Prevention growth charts.
            (3) Secretary.--Unless otherwise indicated, term 
        ``Secretary'' means the Secretary of Health and Human Services.

                        TITLE I--TRAINING GRANTS

SEC. 101. GRANTS TO PROVIDE TRAINING FOR HEALTH PROFESSION STUDENTS.

    Section 747(c)(3) of title VII of the Public Health Service Act (42 
U.S.C. 293k(c)(3)) is amended by striking ``and victims of domestic 
violence'' and inserting ``victims of domestic violence, and 
individuals (including children) who are overweight or obese (as such 
terms are defined in section 3 of the Improved Nutrition and Physical 
Activity Act) and at risk for related, serious and chronic medical 
conditions''.

SEC. 102. GRANTS TO PROVIDE TRAINING FOR HEALTH PROFESSIONALS.

    Section 399Z of the Public Health Service Act (42 U.S.C. 280h-3) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Grants.--
            ``(1) In general.--The Secretary may award grants to 
        qualified entities to train primary care physicians and other 
        licensed or certified health professionals on how to identify, 
        treat, and prevent obesity and aid individuals who are 
        overweight (as such term is defined in section 3 of the 
        Improved Nutrition and Physical Activity Act).
            ``(2) Application.--An entity that desires a grant under 
        this subsection shall submit an application at such time, in 
        such form, and containing such information as the Secretary may 
        require, including a plan for the use of funds that may be 
        awarded and an evaluation of the training that will be 
        provided.
            ``(3) Use of funds.--An entity that receives a grant under 
        this subsection shall use the funds made available through such 
        grant to--
                    ``(A) conduct educational conferences, including 
                Internet-based courses and teleconferences, on--
                            ``(i) how to treat and prevent obesity and 
                        being overweight using nutritional counseling, 
                        methods to increase physical activity, 
                        pharmacological therapies, motivational 
                        counseling to promote positive changes in 
health behaviors and to assist patients in identifying potential 
barriers to adhering to medical recommendations, and other proven 
interventions;
                            ``(ii) how to discuss varied strategies to 
                        promote positive behavior change and healthy 
                        lifestyles to avoid obesity, being overweight, 
                        and other eating disorders;
                            ``(iii) how to identify overweight and 
                        obese patients and those who are at risk for 
                        obesity and being overweight and therefore at 
                        risk for related serious and chronic medical 
                        conditions;
                            ``(iv) how to conduct a comprehensive 
                        assessment of individual and familial health 
                        risk factors, such as poor nutritional status, 
                        physical inactivity, and personal and family 
                        history of obesity and related serious and 
                        chronic medical conditions; and
                            ``(v) how to educate patients and their 
                        families about effective strategies to improve 
                        dietary habits and establish appropriate levels 
                        of physical activity;
                    ``(B) conduct training to enhance cultural and 
                linguistic competency and communication skills needed 
                to effectively interact with patients from diverse 
                populations regarding weight, health, and nutritional 
                status, including raising awareness of issues regarding 
                stigma and prejudice about obesity or being overweight;
                    ``(C) evaluate the effectiveness of the training 
                provided by such entity in increasing knowledge and 
                changing attitudes and behaviors of trainees;
                    ``(D) develop training materials and course content 
                using evidence-based findings or recommendations that 
                pertain to obesity and overweight treatment and 
                prevention ; and
                    ``(E) collaborate with other training programs 
                related to overweight and obesity prevention and 
                treatment.
            ``(4) Evaluation.--
                    ``(A) In general.--An entity that receives a grant 
                under this subsection shall submit to the Secretary an 
                evaluation that describes the activities carried out by 
                such entity with funds received under this section.
                    ``(B) Contents.--Such evaluation shall include an 
                assessment of the effectiveness of the activities in 
                increasing physical activity, improving nutrition, and 
                preventing individuals from becoming overweight or 
                obese, treating individuals who are overweight or 
                obese, and any other information that the Secretary may 
                require.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $10,000,000 for fiscal year 
2003, and such sums as may be necessary for each of the fiscal years 
2004 through 2007.''.

                         TITLE II--LOCAL GRANTS

SEC. 201. GRANTS TO INCREASE PHYSICAL ACTIVITY AND IMPROVE NUTRITION.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) 
is amended by adding at the end the following:

``SEC. 399AA. GRANTS TO INCREASE PHYSICAL ACTIVITY AND IMPROVE 
              NUTRITION.

    ``(a) In General.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention and in consultation with 
Administrator of the Health Resources and Services Administration, the 
Director of the Indian Health Service, and the heads of other 
appropriate agencies, shall award competitive grants to cities, 
counties, tribes, and States to plan, implement, and evaluate 
culturally and linguistically appropriate and competent community-based 
programs and promote good nutrition and physical activity to prevent 
overweight, obesity (as such terms are defined in section 3 of the 
Improved Nutrition and Physical Activity Act), and related serious and 
chronic medical conditions that may result from being overweight or 
obese (as such terms are defined in section 3 of the Improved Nutrition 
and Physical Activity Act).
    ``(b) Award of Grants.--A city, county, tribe, or State desiring a 
grant under this section shall submit an application to the Secretary 
at such time, in such form, and containing such information as the 
Secretary may require, including a plan describing how funds received 
through a grant under this section will be used and an evaluation of 
the programs that will be provided. In awarding grants under this 
section, the Secretary shall ensure that the proposed programs are 
coordinated in substance and format with programs currently funded 
through other Federal agencies and operating within the community.
    ``(c) Use of Funds.--A city, county, tribe, or State that receives 
a grant under this section shall use the funds made available through 
the grant to carry out 3 or more of the following activities:
            ``(1) Planning for and promotion of bike paths, walking 
        paths, or other similar or related environmental changes that 
        promote physical activity.
            ``(2) Forming partnerships and activities with businesses 
        and other entities to increase activity levels at the workplace 
        and while traveling to and from the workplace, develop wellness 
        programs that relate to overweight and obesity, and to enhance 
        nutritional status by improving food options.
            ``(3) Establishing tax and other incentives for businesses 
        to increase the activity levels and improve the nutrition of 
        their employees by encouraging such employees to--
                    ``(A) walk or bike to work;
                    ``(B) engage in other physical activity during 
                working hours; and
                    ``(C) improve available food options.
            ``(4) Forming partnerships with public and private entities 
        including schools, faith-based entities, and other facilities 
        providing recreational services to establish programs that use 
        their facilities for after-school and weekend activities for 
        the community.
            ``(5) Establishing tax or other incentives for retail food 
        stores, grocery stores, and other retail food outlets that 
        offer nutritious foods, to encourage such stores and outlets to 
        locate in economically depressed areas to improve the 
        nutritional status of the community.
            ``(6) Forming partnerships with senior centers and nursing 
        homes to establish programs for older people to foster physical 
        activity and improved nutrition, including strength, 
        flexibility, and aerobic classes.
            ``(7) Providing educational activities targeting healthier 
        eating, such as cooking and shopping demonstrations, onsite 
        consultation by nutrition professionals at restaurants, and 
        community educational outreach using evidence-based nutrition 
        recommendations.
            ``(8) Forming partnerships with day care facilities to 
        establish programs that promote improved nutritional status and 
        physical activity.
            ``(9) Providing training and supervision of community 
        health workers by health professionals to--
                    ``(A) educate families regarding the relationship 
                between nutrition, eating habits, physical activity, 
                and obesity;
                    ``(B) educate families about effective strategies 
                to improve nutrition, establish healthy eating 
                patterns, and establish appropriate levels of physical 
                activity;
                    ``(C) educate and guide parents regarding the 
                ability to model and communicate positive health 
                behaviors; and
                    ``(D) educate and refer individuals to appropriate 
                health care agencies and community-based programs and 
                organizations in order to increase access to quality 
                health care services, including preventive health 
                services.
            ``(10) Other activities as deemed appropriate by the 
        Secretary.
    ``(d) Evaluation.--A city, county, tribe, or State that receives a 
grant under this section shall submit to the Secretary an evaluation, 
in collaboration with an academic health center or other qualified 
community-based entity, that describes activities carried out with 
funds received under this section, the long-term effectiveness of such 
activities in increasing physical activity, improving nutrition, and 
preventing individuals from becoming overweight or obese, and such 
other information as the Secretary may require.
    ``(e) Matching Funds.--In awarding grants under subsection (a), the 
Secretary may give priority to applicants who provide matching funds.
    ``(f) Technical Assistance.--The Secretary may set aside an amount 
not to exceed 15 percent of the total amount appropriated for a fiscal 
year under subsection (g) to permit the Director of the Centers for 
Disease Control and Prevention to--
            ``(1) provide grantees with technical support in the 
        development, implementation, and evaluation of programs under 
        this section; and
            ``(2) disseminate culturally and linguistically appropriate 
        and competent information about strategies and interventions in 
        preventing and treating obesity through the promotion of good 
        nutrition and physical activity.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $40,000,000 for fiscal year 
2003, and such sums as may be necessary for each of fiscal years 2004 
through 2007.''.

                    TITLE III--SCHOOL HEALTH PROGRAM

SEC. 301. ESTABLISHMENT OF A COORDINATED SCHOOL HEALTH PROGRAM.

    Part Q of title III of the Public Health Service Act (42 U.S.C. 
280h et seq.) is amended by striking section 399W and inserting the 
following:

``SEC. 399W. GRANTS.

    ``(a) State Educational Grants.--The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention and in 
consultation with the Administrator of the Health Resources and 
Services Administration, the Secretary of Education, the Secretary of 
Agriculture, and the Secretary of the Interior, shall, as part of the 
Centers for Disease Control and Prevention's coordinated school health 
program currently operated pursuant to the Director's general 
authority, award competitive grants to State, tribal, and local 
educational agencies (where applicable) to--
            ``(1) develop and disseminate school-based curricula or 
        programs that focus on a healthy lifestyle that includes 
        promotion of balanced dietary patterns and physical activity to 
        prevent becoming overweight or obese and related, serious, and 
        chronic medical conditions that are associated with being 
        overweight or obese (as such terms are defined in section 3 of 
        the Improved Nutrition and Physical Activity Act);
            ``(2) provide education and training to education 
        professionals, including health education, physical education, 
        and food service professionals;
            ``(3) develop and implement policies that create a healthy 
        school environment in relation to nutrition and physical 
        activity; and
            ``(4) evaluate activities conducted under paragraphs (1) 
        through (3).
    ``(b) Local Educational Grants.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention and 
        in consultation with the Secretary of Education, the Secretary 
        of Agriculture, and the Secretary of the Interior, shall award 
        competitive grants to local educational agencies to plan, 
        implement, and evaluate culturally and linguistically 
        appropriate and competent programs to promote a healthy 
        lifestyle, including programs that, in collaboration with 
        statewide coordinated school health programs, when applicable, 
        increase physical activity and improve the nutritional status 
        of the students at elementary and secondary schools.
            ``(2) Award of grants.--A local educational agency desiring 
        a grant under this subsection shall submit an application to 
        the Secretary at such time, in such manner, and containing such 
        information as the Secretary may require, including a plan 
        describing how funds received under this section will be used 
        and an evaluation of the program.
            ``(3) Use of funds.--A local educational agency that 
        receives a grant under this subsection shall use the funds made 
        available through the grant to carry out 4 or more of the 
        following activities:
                    ``(A) Planning and implementing a healthy lifestyle 
                curriculum or program with an emphasis on nutrition and 
                physical activity for each grade level.
                    ``(B) Planning and implementing a physical 
                education and activity curriculum or program for each 
                grade level and purchasing appropriate equipment, with 
                no more than 15 percent of a grant award used for 
                purchasing such equipment.
                    ``(C) Planning and implementing healthy lifestyle 
                classes or programs for parents and guardians, with an 
                emphasis on nutrition and physical activity.
                    ``(D) Planning and implementing after-hours 
                physical activity programs.
                    ``(E) Creating opportunities for students to choose 
                foods to improve nutritional status.
                    ``(F) Training teachers and staff, including food 
                service workers, on how to teach good nutrition and 
                physical activity practices.
                    ``(G) Other activities as deemed appropriate by the 
                Secretary.
            ``(4) Evaluation.--An agency that receives a grant under 
        this subsection shall submit to the Secretary an evaluation, in 
        collaboration with an academic department or other qualified 
        community-based entity, describing the activities carried out 
        under the grant, the effectiveness of the activities in 
        increasing physical activity, improving nutrition, and 
        preventing individuals from becoming overweight and obese, and 
        such other information as the Secretary may require.
    ``(c) Community Educational Grants.--
            ``(1) In general.--The Secretary, acting through the 
        Centers for Disease Control and Prevention, shall award 
        competitive grants to universities, colleges, or community-
        based nonprofit organizations to develop, implement, and 
        evaluate programs to promote healthy eating and physical 
        activity in youth and to conduct effectiveness reports to 
        identify programs that have demonstrated effectiveness in 
        improving nutritional status and physical activity in youth.
            ``(2) Award of grants.--A university, college, or qualified 
        community-based nonprofit entity desiring a grant under this 
        subsection shall submit an application to the Secretary at such 
        time, in such manner, and containing such information as the 
        Secretary may require.
            ``(3) Information availability.--Information about programs 
        funded with grants authorized under this subsection shall be 
        made available to State, tribal, and local educational agencies 
        and may be used in planning and implementing programs described 
        in subsections (a) and (b).
    ``(d) Technical Assistance.--The Secretary may set aside an amount 
not to exceed 15 percent of the total amount appropriated for a fiscal 
year under subsection (e) to permit the Director of the Centers for 
Disease Control and Prevention to--
            ``(1) provide grantees with technical support in the 
        development, implementation, and evaluation of programs under 
        this section; and
            ``(2) disseminate culturally and linguistically appropriate 
        and competent information about strategies and interventions in 
        preventing and treating obesity through the promotion of good 
        nutrition and physical activity.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $40,000,000 for fiscal year 
2003, and such sums as may be necessary for each of fiscal years 2004 
through 2007.''.

SEC. 302. NATIONAL CENTER FOR HEALTH STATISTICS.

    Section 306 of the Public Health Service Act (42 U.S.C. 242k) is 
amended by striking subsection (n) and inserting the following:
    ``(n)(1) The Secretary, acting through the Center, may provide for 
the--
            ``(A) collection of data for determining the fitness levels 
        of children and youth; and
            ``(B) analysis of data collected as part of the National 
        Health and Nutrition Examination Survey and other data sources.
    ``(2) In carrying out paragraph (1), the Secretary, acting through 
the Center, may make grants to states, public and nonprofit entities.
    ``(3) The Secretary, acting through the Center, may provide 
technical assistance, standards, and methodologies to grantees 
supported by this subsection in order to maximize the data quality and 
comparability with other studies.''.

                 TITLE IV--INSTITUTE OF MEDICINE STUDY

SEC. 401. STUDY OF THE FOOD SUPPLEMENT AND NUTRITION PROGRAMS OF THE 
              DEPARTMENT OF AGRICULTURE.

    (a) In General.--The Secretary of Agriculture shall request that 
the Institute of Medicine conduct, or contract with another entity to 
conduct, a study on the food and nutrition assistance programs run by 
the Department of Agriculture.
    (b) Content.--Such study shall--
            (1) investigate whether the nutrition programs and 
        nutrition recommendations are based on the latest scientific 
        evidence;
            (2) investigate whether the food assistance programs 
        contribute to either preventing or enhancing obesity and being 
        overweight in children, adolescents, and adults;
            (3) investigate whether the food assistance programs can be 
        improved or altered to contribute to the prevention of obesity 
        and becoming overweight;
            (4) identify obstacles that prevent or hinder the programs 
        from achieving their objectives; and
            (5) suggest an evaluation and research agenda for the 
        National Nutrition Foundation established under title XI of 
        this Act.
    (c) Report.--Not later than 24 months after the date of enactment 
of this Act, the Secretary of Agriculture shall submit to the 
appropriate committees of Congress a report containing the results of 
the Institute of Medicine study authorized under this section.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $750,000 for fiscal years 2003 
and 2004.

      TITLE V--AGENCY FOR HEALTHCARE RESEARCH AND QUALITY STUDIES

SEC. 501. EVIDENCE REPORT ON WEIGHT REDUCTION PROGRAMS.

    (a) In General.--The Secretary, acting through the Director of the 
Agency for Healthcare Research and Quality, shall conduct or support an 
evidence report on the effectiveness of weight reduction programs.
    (b) Content.--The study described in subsection (a) shall evaluate 
the available scientific evidence regarding the safety and 
effectiveness of the programs, including programs that use dietary 
supplements, behavior modification, and other weight loss methods, and 
how successful the programs are in helping individuals achieve short-
term weight loss and sustain long-term weight maintenance.
    (c) Report.--The Secretary shall, not later than 18 months after 
the date of enactment of this Act, prepare and submit to the relevant 
committees of Congress a report that describes the results of the 
evidence report described in this section. Such report shall be made 
available on the web site of the Agency for Healthcare Research and 
Quality.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $500,000 for fiscal year 2003.

SEC. 502. HEALTH DISPARITIES REPORT.

    Not later than 18 months after the date of enactment of this Act, 
and annually thereafter, the Director of the Agency for Healthcare 
Research and Quality shall review all research that results from the 
activities outlined in this Act and determine if particular information 
may be important to the report on health disparities required by 
section 903(c)(3) of the Public Health Service Act (42 U.S.C. 299a-
1(c)(3)).

      TITLE VI--PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT

SEC. 601. USE OF ALLOTMENTS.

    Section 1904(a)(1) of title XIX of the Public Health Service Act 
(42 U.S.C. 300w-3(a)(1)) is amended by adding at the end the following:
            ``(H) Activities and community education programs designed 
        to address and prevent overweight, obesity, and eating 
        disorders through effective programs to promote healthy eating, 
        and exercise habits and behaviors.''.

      TITLE VII--MEDICARE NUTRITION THERAPY DEMONSTRATION PROJECT

SEC. 701. DEMONSTRATION PROJECT TO REDUCE OBESITY AND OTHER CHRONIC 
              DISEASE RISKS.

    (a) Demonstration.--The Secretary, in consultation with the 
Administrator of the Centers for Medicare & Medicaid Services, shall 
conduct a demonstration project to develop a comprehensive and 
systematic model for improving the health of older Americans.
    (b) Content.--The demonstration project described in subsection (a) 
shall--
            (1) identify, through self-assessment, behavioral risk 
        factors, such as obesity and overweight, poor nutrition, 
        physical inactivity, alcohol use, tobacco use, and mental 
        health problems among those target individuals;
            (2) identify, through self-assessment, needed medicare 
        clinical preventive and screening benefits among those target 
        individuals;
            (3) identify, through self-assessment, functional and self-
        management information the Secretary determines to be 
        appropriate;
            (4) provide ongoing support to reduce risk factors and 
        promote the appropriate use of preventive and screening 
        benefits; and
            (5) improve health outcomes, satisfaction, quality of life, 
        and appropriate use of medicare-covered services among those 
        target individuals.
    (c) Definitions.--
    In this section:
            (1) Target individuals.--The term ``target individuals'' 
        means individuals who are medicare beneficiaries under title 
        XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) who 
        shall include different segments of the population including 
        racial and ethnic minority groups and persons of lower 
        socioeconomic status. The demonstration is completely voluntary 
        on the part of target individuals.
            (2) Self-assessment.--The term ``self-assessment'' means a 
        form delivered by the Secretary to each target individual 
        that--
                    (A) includes questions regarding--
                            (i) behavioral risk factors;
                            (ii) needed preventive and screening 
                        services; and
                            (iii) target individuals' preferences for 
                        receiving followup information; and
                    (B) is then assessed using such computer generated 
                assessment programs and provides ongoing support to the 
                individual as the Secretary determines appropriate.
            (3) Ongoing support.--The term ``ongoing support'' means--
                    (A) to provide target individuals with information, 
                feedback, health coaching, and recommendations 
                regarding--
                            (i) the results of the self-assessment;
                            (ii) behavior modification based on the 
                        self-assessment; and
                            (iii) any need for clinical preventive and 
                        screening services or treatment including 
                        medical nutrition therapy;
                    (B) to provide target individuals with referrals to 
                community resources and programs (such as senior 
                centers) available to assist the target individual in 
                reducing health risks;
                    (C) information on available volunteer 
                opportunities to promote active engagement in the 
                community; and
                    (D) to provide the information described in 
                subparagraph (A) to a health care provider, if 
                designated by the target individual to receive such 
                information.
    (d) Program Design.--
            (1) Initial design.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary shall design the 
        demonstration project. The demonstration should draw upon 
        promising, innovative models and incentives to reduce 
        behavioral risk factors. The Administrator of the Centers for 
        Medicare & Medicaid Services shall consult with the Director of 
        the Centers for Disease Control and Prevention, the Director of 
        the Office of Minority Health, and the heads other agencies in 
        the Department of Health and Human Services, and professional 
        organizations, as the Secretary determines to be appropriate on 
        the design, conduct, and evaluation of the demonstration.
            (2) Number and project areas.--Not later than 2 years after 
        the date of enactment of this Act, the Secretary shall 
        implement 1 demonstration project designed to determine whether 
        similar programs should be implemented for the general medicare 
        population.
    (e) Report to Congress.--Not later than 3 years after the date the 
Secretary implements the demonstration project under this section, the 
Secretary shall submit to Congress a report that describes the project, 
evaluates the effectiveness and cost effectiveness of the project, 
evaluates the beneficiary satisfaction under the project, and includes 
any other information the Secretary determines to be appropriate.
    (f) Waiver Authority.--The Secretary shall waive compliance with 
the requirements of title XVIII of the Social Security Act (42 U.S.C. 
1395 et seq.) to such extent and for such period as the Secretary 
determines is necessary to conduct the demonstration project under this 
section.
    (g) Funding.--The Secretary shall provide for the transfer from the 
Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Insurance Trust Fund under title XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.) an amount not to exceed $25,000,000 for the costs 
of designing, implementing, and evaluating the demonstration project 
under this section.

      TITLE VIII--OVERWEIGHT AND OBESITY TREATMENT AND PREVENTION 
                         DEMONSTRATION PROJECTS

SEC. 801. GRANTS TO LOCAL HEALTHCARE DELIVERY SYSTEMS.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) 
as amended in section 201, is further amended by adding at the end the 
following:

``SEC. 399BB. GRANTS TO LOCAL HEALTHCARE DELIVERY SYSTEMS.

    ``(a) In General.--The Secretary shall award grants to eligible 
entities to implement demonstration overweight and obesity (as such 
terms are defined in section 3 of the Improved Nutrition and Physical 
Activity Act) treatment and prevention programs using evidence-based 
recommendations.
    ``(b) Eligible Entity.--In this section, the term `eligible entity' 
means a federally qualified health center (as defined in section 
1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4)), rural 
health clinic, health department, Indian Health Service hospital or 
clinic, Indian tribal health facility, urban Indian facility, or other 
health care service provider, as determined appropriate by the 
Secretary.
    ``(c) Award of Grants.--An eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
require, including a plan for the use of funds awarded under the grant 
and an evaluation of the program.
    ``(d) Use of Funds.--An eligible entity that receives a grant under 
this section shall use the funds made available through the grant to 
carry out 3 or more of the following activities in a culturally and 
linguistically appropriate and competent manner:
            ``(1) Providing nutrition and physical activity services by 
        a health professional to treat or prevent overweight and 
        obesity.
            ``(2) Providing patient education and counseling to 
        increase physical activity and improve nutrition.
            ``(3) Providing community education on nutrition and 
        physical activity by a health professional to provide better 
        understanding of the relationship between diet, physical 
        activity, and obesity.
            ``(4) Training health professionals on how to identify and 
        treat obese and overweight individuals which may include 
        nutrition and physical activity counseling.
            ``(5) Providing education and referring individuals to 
        appropriate health care agencies and community-based programs 
        and organizations in order to increase access to quality health 
        care services, including preventive health services.
            ``(6) Training and supervising community health workers by 
        qualified health professionals to--
                    ``(A) educate families regarding the relationship 
                between nutrition, eating habits, physical activity, 
                and obesity;
                    ``(B) educate families about effective strategies 
                to improve nutrition, establish healthy eating patterns 
                and establish appropriate levels of physical activity; 
                and
                    ``(C) educate and guide parents regarding the 
                ability to model and communicate positive health 
                behaviors.
            ``(7) Other activities that are deemed appropriate by the 
        Secretary.
    ``(e) Evaluation.--An eligible entity that receives a grant under 
this section shall, in collaboration with an academic health center or 
other qualified community-based entity, submit to the Secretary a 
report describing the activities carried out under the grant, the 
effectiveness of the activities in increasing physical activity, 
improving nutrition, and preventing overweight and obesity, and such 
other information as the Secretary may require.
    ``(f) Technical Assistance.--The Secretary may set aside an amount 
not to exceed 15 percent of the total amount appropriated for a fiscal 
year under subsection (g) to--
            ``(1) provide grantees with technical support in the 
        development, implementation, and evaluation of programs under 
        this section; and
            ``(2) disseminate culturally and linguistically appropriate 
        and competent information about strategies and interventions in 
        preventing and treating obesity through the promotion of good 
        nutrition and physical activity.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $40,000,000 for fiscal year 
2003, and such sums as may be necessary for each of fiscal years 2004 
through 2007.''.

                     TITLE IX--RESEARCH ON OBESITY

SEC. 901. REPORT ON OBESITY RESEARCH.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on 
Energy and Commerce of the House of Representatives a report on 
research on causes and health implications of obesity and being 
overweight.
    (b) Content.--The report described in subsection (a) shall 
contain--
            (1) descriptions on the status of relevant, current, 
        ongoing research being conducted in the department including--
                    (A) the types and numbers of studies completed or 
                being conducted by the National Institutes of Health 
                on--
                            (i) mechanisms responsible for obesity 
                        (including nutrition, physical activity, 
                        genetic causes such as syndrome X), the 
                        prevention of and the treatment for obesity and 
                        related, serious, and chronic medical 
                        conditions (including diabetes and 
                        cardiovascular disease); and
                            (ii) psychosocial aspects of obesity;
                    (B) the types and number of studies completed or 
                being conducted by the Centers for Disease Control and 
                Prevention on individual and community interventions to 
                prevent individuals from becoming overweight or obese;
                    (C) the types of studies completed or being 
                conducted by the Agency for Healthcare Research and 
                Quality on the treatment and prevention of overweight 
                and obesity;
                    (D) the types of studies being conducted by the 
                Health Resources and Services Administration on the 
                prevention of overweight and obesity; and
                    (E) what these studies have shown about the causes 
                of, prevention of, and treatment of overweight and 
                obesity; and
            (2) recommendations on further research that is needed, 
        including research among diverse populations, the department's 
        plan for conducting such research, and how current knowledge 
        can be disseminated.

                     TITLE X--YOUTH MEDIA CAMPAIGN

SEC. 1001. GRANTS AND CONTRACTS FOR A NATIONAL CAMPAIGN TO CHANGE 
              CHILDREN'S HEALTH BEHAVIORS.

    Section 399Y of the Public Health Service Act (42 U.S.C. 280h-2) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Grants.--
            ``(1) In general.--As part of the campaign described in 
        subsection (a), the Secretary, acting through the Director of 
        the Centers for Disease Control and Prevention, shall award 
        grants or contracts to eligible entities to design and 
        implement culturally and linguistically appropriate and 
        competent campaigns to change children's health behaviors.
            ``(2) Eligible entity.--In this subsection, the term 
        `eligible entity' means a marketing, public relations, 
        advertising, or other appropriate entity.
            ``(3) Content.--An eligible entity that receives a grant 
        under this subsection shall use funds received through such 
        grant or contract to utilize marketing and communication 
        strategies to--
                    ``(A) communicate messages to help young people 
                develop habits that will foster good health over a 
                lifetime;
                    ``(B) provide young people with motivation to 
                engage in sports and other physical activities;
                    ``(C) influence youth to develop good health habits 
                such as regular physical activity and good nutrition;
                    ``(D) educate parents of young people on the 
                importance of physical activity and improving 
                nutrition, how to maintain healthy behaviors for the 
                entire family, and how to encourage children to develop 
                good nutrition and physical activity habits; and
                    ``(E) discourage stigmatization and discrimination 
                based on body size or shape.
            ``(4) Report.--The Secretary shall evaluate the 
        effectiveness of the campaign described in paragraph (1) in 
        changing children's behaviors and report such results to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $125,000,000 for fiscal year 
2003, and such sums as necessary for each of fiscal years 2004 through 
2007.''.

             TITLE XI--DEPARTMENT OF AGRICULTURE ACTIVITIES

SEC. 1101. NATIONAL NUTRITION FOUNDATION.

    (a) Amendment.--Subtitle D of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 6951 et seq.) is amended by adding 
at the end the following:

``SEC. 242. NATIONAL NUTRITION FOUNDATION.

    ``(a) In General.--There shall be established a nonprofit private 
corporation to be known as the National Nutrition Foundation for the 
Department of Agriculture (in this section referred to as the 
`Foundation'). The Foundation shall not be an agency or instrumentality 
of the Federal Government, and officers, employees, and members of the 
board of the Foundation shall not be officers or employees of the 
Federal Government.
    ``(b) Purpose of Foundation.--The purpose of the Foundation shall 
be to support and carry out research and dissemination pertaining to 
the nutrition and food assistance programs in the Department, including 
research and dissemination on the nutritional effects of readily 
available, competing foods at schools with school meal programs, and 
other activities related to improving the nutritional status of the 
public.
    ``(c) Endowment Fund.--
            ``(1) In general.--In carrying out subsection (b), the 
        Foundation shall establish a fund for providing endowments for 
        positions that are associated with the Department and dedicated 
        to the purpose described in such subsection. Subject to 
        subsection (f)(1)(B), the fund shall consist of such donations 
        as may be provided by non-Federal entities and such non-Federal 
        assets of the Foundation (including earnings of the Foundation 
        and the fund) as the Foundation may elect to transfer to the 
        fund.
            ``(2) Authorized expenditures of fund.--The provision of 
        endowments under paragraph (1) shall be the exclusive function 
        of the fund established under such paragraph. Such endowments 
        may be expended only for the compensation of individuals 
        holding the positions, for staff, equipment, quarters, travel, 
        and other expenditures that are appropriate in supporting the 
        positions, and for recruiting individuals to hold the positions 
        endowed by the fund.
    ``(d) Certain Activities of Foundation.--In carrying out subsection 
(b), the Foundation may provide for the following with respect to the 
purpose described in such subsection:
            ``(1) Programs of fellowships for State and local public 
        health officials and nutritionists to work and study in 
        association with the Department.
            ``(2) Studies, projects, and research (which may include 
        applied research on the effectiveness of prevention activities, 
        demonstration projects, and programs and projects involving 
        international, Federal, State, and local governments).
            ``(3) Forums for government officials and appropriate 
        private entities to exchange information. Participants in such 
        forums may include institutions of higher education and 
        appropriate international organizations.
            ``(4) Meetings, conferences, courses, and training 
        workshops.
            ``(5) Programs to improve the collection and analysis of 
        data on the health and nutrition status of diverse populations.
            ``(6) Programs for appropriately disseminating information.
            ``(7) Other activities to carry out the purpose described 
        in subsection (b) of this section.
    ``(e) General Structure of Foundation; Nonprofit Status.--
            ``(1) Board of directors.--The Foundation shall have a 
        board of directors (referred to in this section as the 
        `Board'), which shall be established and conducted in 
        accordance with subsection (f) of this section. The Board shall 
        establish the general policies of the Foundation for carrying 
        out subsection (b), including the establishment of the bylaws 
        of the Foundation.
            ``(2) Executive director.--The Foundation shall have an 
        executive director (referred to in this section as the 
        `Director'), who shall be appointed by the Board, who shall 
        serve at the pleasure of the Board, and for whom the Board 
        shall establish the rate of compensation. Subject to the 
        policies and bylaws established by the Board pursuant to 
        paragraph (1), the Director shall be responsible for the daily 
        operations of the Foundation in carrying out subsection (b).
            ``(3) Nonprofit status.--In carrying out subsection (b), 
        the Board shall establish such policies and bylaws under 
        paragraph (1), and the Director shall carry out such activities 
        under paragraph (2), as may be necessary to ensure that the 
        Foundation maintains status as an organization that--
                    ``(A) is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986; and
                    ``(B) is exempt from taxation under section 501(a) 
                of the Internal Revenue Code of 1986.
    ``(f) Board of Directors.--
            ``(1) Certain bylaws.--
                    ``(A) In establishing bylaws under subsection 
                (e)(1), the Board shall ensure that the bylaws of the 
                Foundation include bylaws for the following:
                            ``(i) Policies for the selection of the 
                        officers, employees, agents, and contractors of 
                        the Foundation.
                            ``(ii) Policies, including ethical 
                        standards, for the acceptance and disposition 
                        of donations to the Foundation and for the 
                        disposition of the assets of the Foundation.
                            ``(iii) Policies for the conduct of the 
                        general operations of the Foundation.
                    ``(B) In establishing bylaws under subsection 
                (e)(1), the Board shall ensure that the bylaws of the 
                Foundation (and activities carried out under the 
                bylaws) do not--
                            ``(i) undermine the ability of the 
                        Foundation, or the Department, to carry out its 
                        responsibilities or official duties in a fair 
                        and objective manner; or
                            ``(ii) compromise, or appear to compromise, 
                        the integrity of any governmental program or 
                        any officer or employee involved in such 
                        program.
            ``(2) Composition.--The Board shall be composed of no less 
        than 7 individuals, appointed in accordance with paragraph (4), 
        who collectively possess education or experience appropriate 
        for representing the general field of public health nutrition, 
        the general field of international nutrition, and the general 
        public. Each such individual shall be a voting member of the 
        Board.
            ``(3) Chairperson.--The Board shall, from among the members 
        of the Board, designate an individual to serve as the 
        chairperson of the Board (in this subsection referred to as the 
        `Chair').
            ``(4) Appointments, vacancies, and terms.--Subject to 
        subsection (j) of this section (regarding the initial 
        membership of the Board), the following shall apply to the 
        Board:
                    ``(A) Any vacancy in the membership of the Board 
                shall be filled by appointment by the Board, after 
                consideration of suggestions made by the Chair and the 
                Director regarding the appointments. Any such vacancy 
                shall be filled not later than the expiration of the 
                180-day period beginning on the date on which the 
                vacancy occurs.
                    ``(B) The term of office of each member of the 
                Board appointed under subparagraph (A) shall be 5 
                years. A member of the Board may continue to serve 
                after the expiration of the term of the member until 
                the expiration of the 180-day period beginning on the 
                date on which the term of the member expires.
                    ``(C) A vacancy in the membership of the Board 
                shall not affect the power of the Board to carry out 
                the duties of the Board. If a member of the Board does 
                not serve the full term applicable under subparagraph 
                (B), the individual appointed to fill the resulting 
                vacancy shall be appointed for the remainder of the 
                term of the predecessor of the individual.
            ``(5) Compensation.--Members of the Board may not receive 
        compensation for service on the Board. The members may be 
        reimbursed for travel, subsistence, and other necessary 
        expenses incurred in carrying out the duties of the Board.
    ``(g) Certain Responsibilities of Executive Director.--In carrying 
out subsection (e)(2), the Director shall carry out the following 
functions:
            ``(1) Hire, promote, compensate, and discharge officers and 
        employees of the Foundation, and define the duties of the 
        officers and employees.
            ``(2) Accept and administer donations to the Foundation, 
        and administer the assets of the Foundation.
            ``(3) Establish a process for the selection of candidates 
        for holding endowed positions under subsection (c).
            ``(4) Enter into such financial agreements as are 
        appropriate in carrying out the activities of the Foundation.
            ``(5) Take such action as may be necessary to acquire 
        patents and licenses for devices and procedures developed by 
        the Foundation and the employees of the Foundation.
            ``(6) Adopt, alter, and use a corporate seal, which shall 
        be judicially noticed.
            ``(7) Commence and respond to judicial proceedings in the 
        name of the Foundation.
            ``(8) Other functions that are appropriate in the 
        determination of the Director.
    ``(h) General Provisions.--
            ``(1) Authority for accepting funds.--The Secretary may 
        accept and utilize, on behalf of the Federal Government, any 
        gift, donation, bequest, or devise of real or personal property 
        from the Foundation for the purpose of aiding or facilitating 
        the work of such Department. Funds may be accepted and utilized 
        by such Secretary under the preceding sentence without regard 
        to whether the funds are designated as general-purpose funds or 
        special-purpose funds.
            ``(2) Authority for acceptance of voluntary services.--
                    ``(A) In general.--The Secretary may accept on 
                behalf of the Federal Government, any voluntary 
                services provided to such Department by the Foundation 
                for the purpose of aiding or facilitating the work of 
                such Department. In the case of an individual, the 
                Secretary may accept the services provided under the 
                preceding sentence by the individual for not more than 
                2 years.
                    ``(B) Application of provision.--The limitation 
                established in subparagraph (A) regarding the period of 
                time in which services may be accepted applies to each 
                individual who is not an employee of the Federal 
                Government and who serves in association with the 
                Department pursuant to financial support from the 
                Foundation.
            ``(3) Administrative control.--No officer, employee, or 
        member of the Board of the Foundation may exercise any 
        administrative or managerial control over any Federal employee.
            ``(4) Applicability of certain standards to non-federal 
        employees.--In the case of any individual who is not an 
        employee of the Federal Government and who serves in 
        association with the Department pursuant to financial support 
        from the Foundation, the Foundation shall negotiate a 
        memorandum of understanding with the individual and the 
        Secretary specifying that the individual--
                    ``(A) shall be subject to the ethical and 
                procedural standards regulating Federal employment, 
                scientific investigation, and research findings 
(including publications and patents) that are required of individuals 
employed by the Department, including standards under this subtitle, 
the Ethics in Government Act, and the Technology Transfer Act; and
                    ``(B) shall be subject to such ethical and 
                procedural standards under chapter 11 of title 18, 
                United States Code, (relating to conflicts of 
                interest), as the Secretary determines is appropriate, 
                except such memorandum may not provide that the 
                individual shall be subject to the standards of section 
                209 of title 18, United States Code.
            ``(5) Financial conflicts of interest.--Any individual who 
        is an officer, employee, or member of the Board of the 
        Foundation may not directly or indirectly participate in the 
        consideration or determination by the Foundation of any 
        question affecting--
                    ``(A) any direct or indirect financial interest of 
                the individual; or
                    ``(B) any direct or indirect financial interest of 
                any business organization or other entity of which the 
                individual is an officer or employee or in which the 
                individual has a direct or indirect financial interest.
            ``(6) Audits; availability of records.--The Foundation 
        shall--
                    ``(A) provide for biennial independent audits of 
                the financial condition of the Foundation; and
                    ``(B) make such audits, and all other records, 
                documents, and other papers of the Foundation, 
                available to the Secretary and the Comptroller General 
                of the United States for examination or audit.
            ``(7) Reports.--
                    ``(A) In general.--Not later than February 1 of 
                each fiscal year, the Foundation shall publish a report 
                describing the activities of the Foundation during the 
                preceding fiscal year. Each such report shall include 
                for the fiscal year involved a comprehensive statement 
                of the operations, activities, financial condition, and 
                accomplishments of the Foundation.
                    ``(B) Contents.--With respect to the financial 
                condition of the Foundation, each report under 
                subparagraph (A) shall include the source, and a 
                description of, all gifts to the Foundation of real or 
                personal property, and the source and amount of all 
                gifts to the Foundation of money. Each such report 
                shall include a specification of any restrictions on 
                the purposes for which gifts to the Foundation may be 
                used.
                    ``(C) Availability.--The Foundation shall make 
                copies of each report submitted under subparagraph (A) 
                available for public inspection, and shall upon request 
                provide a copy of the report to any individual for a 
                charge not exceeding the cost of providing the copy.
            ``(8) Liaison from department of agriculture.--The 
        Secretary shall serve as the liaison representative of the 
        Department to the Board and the Foundation.
    ``(i) Federal Funding.--
            ``(1) Authority for annual grants.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) for fiscal year 2003, make a grant to 
                        an entity described in subsection (j)(9) of 
                        this section (relating to the establishment of 
                        a committee to establish the Foundation);
                            ``(ii) for fiscal year 2004, make a grant 
                        to the committee established under such 
                        subsection, or if the Foundation has been 
                        established, to the Foundation; and
                            ``(iii) for fiscal year 2005 and each 
                        subsequent fiscal year, make a grant to the 
                        Foundation.
                    ``(B) Use of funds.--A grant under subparagraph (A) 
                may be expended--
                            ``(i) in the case of an entity receiving 
                        the grant under subparagraph (A)(i), only for 
                        the purpose of carrying out the duties 
                        established in subsection (j)(9) of this 
                        section for the entity;
                            ``(ii) in the case of the committee 
                        established under such subsection, only for the 
                        purpose of carrying out the duties established 
                        in subsection (j) for the committee; and
                            ``(iii) in the case of the Foundation, only 
                        for the purpose of the administrative expenses 
                        of the Foundation.
                    ``(C) Limitation.--A grant under subparagraph (A) 
                may not be expended to provide amounts for the fund 
                established under subsection (c).
                    ``(D) Unobligated funds.--For the purposes 
                described in subparagraph (B)--
                            ``(i) any portion of the grant made under 
                        subparagraph (A)(i) for fiscal year 2003 that 
                        remains unobligated after the entity receiving 
                        the grant completes the duties established in 
                        subsection (j)(9) for the entity shall be 
                        available to the committee established under 
                        such subsection; and
                            ``(ii) any portion of a grant under 
                        subparagraph (A) made for fiscal year 2003 or 
                        2004 that remains unobligated after such 
                        committee completes the duties established in 
                        such subsection for the committee shall be 
                        available to the Foundation.
            ``(2) Funding for grants.--
                    ``(A) In general.--For the purpose of grants under 
                paragraph (1), there is authorized to be appropriated 
                $500,000 for each fiscal year.
                    ``(B) Availability of other funds.--For the purpose 
                of grants under paragraph (1), the Secretary may for 
each fiscal year make available not more than $500,000 from the amounts 
appropriated for the fiscal year for the programs of the Department. 
Such amounts may be made available without regard to whether amounts 
have been appropriated under subparagraph (A).
            ``(3) Certain restriction.--If the Foundation receives 
        Federal funds for the purpose of serving as a fiscal 
        intermediary between Federal agencies, the Foundation may not 
        receive such funds for the indirect costs of carrying out such 
        purpose in an amount exceeding 10 percent of the direct costs 
        of carrying out such purpose. The preceding sentence may not be 
        construed as authorizing the expenditure of any grant under 
        paragraph (1) for such purpose.
    ``(j) Committee for Establishment of Foundation.--
            ``(1) In general.--There shall be established in accordance 
        with this subsection a committee to carry out the functions 
        described in paragraph (2) (referred to in this subsection as 
        the `Committee').
            ``(2) Functions.--The functions referred to in paragraph 
        (1) for the Committee are as follows:
                    ``(A) To carry out such activities as may be 
                necessary to incorporate the Foundation under the laws 
                of the State involved, including serving as 
                incorporators for the Foundation. Such activities shall 
                include ensuring that the articles of incorporation for 
                the Foundation require that the Foundation be 
                established and operated in accordance with the 
                applicable provisions of this subtitle (or any 
                successor to this subtitle).
                    ``(B) To ensure that the Foundation qualifies for 
                and maintains the status described in subsection (e)(3) 
                of this section (regarding taxation).
                    ``(C) To establish the general policies and initial 
                bylaws of the Foundation, which bylaws shall include 
                the bylaws described in subsections (e)(3) and (f)(1) 
                of this section.
                    ``(D) To provide for the initial operation of the 
                Foundation, including providing for quarters, 
                equipment, and staff.
                    ``(E) To appoint the initial members of the Board 
                in accordance with the requirements established in 
                subsection (f)(2)(A) of this section for the 
                composition of the Board, and in accordance with such 
                other qualifications as the Committee may determine to 
                be appropriate regarding such composition. Of the 
                members so appointed--
                            ``(i) 2 shall be appointed to serve for a 
                        term of 3 years;
                            ``(ii) 2 shall be appointed to serve for a 
                        term of 4 years; and
                            ``(iii) 3 shall be appointed to serve for a 
                        term of 5 years.
            ``(3) Completion of functions of committee; initial meeting 
        of board.--
                    ``(A) In general.--The Committee shall complete the 
                functions required in paragraph (1) not later than 2 
                years after the date of enactment of the Improved 
                Nutrition and Physical Activity Act. The Committee 
                shall terminate upon the expiration of the 30-day 
                period beginning on the date on which the Secretary 
                determines that the functions have been completed.
                    ``(B) Initial meeting.--The initial meeting of the 
                Board shall be held not later than 1 year after the 
                date of enactment of the Improved Nutrition and 
                Physical Activity Act.
            ``(4) Composition.--The Committee shall be composed of 5 
        members, each of whom shall be a voting member. Of the members 
        of the Committee--
                    ``(A) no fewer than 2 shall have broad, general 
                experience in public health nutrition; and
                    ``(B) no fewer than 2 shall have broad, general 
                experience in nonprofit private organizations (without 
                regard to whether the individuals have experience in 
                public health).
            ``(5) Chair.--The Committee shall, from among the members 
        of the Committee, designate an individual to serve as the chair 
        of the Committee.
            ``(6) Terms; vacancies.--The term of members of the 
        Committee shall be for the duration of the Committee. A vacancy 
        in the membership of the Committee shall not affect the power 
        of the Committee to carry out the duties of the Committee. If a 
        member of the Committee does not serve the full term, the 
        individual appointed to fill the resulting vacancy shall be 
        appointed for the remainder of the term of the predecessor of 
        the individual.
            ``(7) Compensation.--Members of the Committee may not 
        receive compensation for service on the Committee. Members of 
        the Committee may be reimbursed for travel, subsistence, and 
        other necessary expenses incurred in carrying out the duties of 
        the Committee.
            ``(8) Committee support.--The Secretary may, from amounts 
        available to the Secretary for the general administration of 
        the Department, provide staff and financial support to assist 
        the Committee with carrying out the functions described in 
        paragraph (2). In providing such staff and support, the 
        Secretary may both detail employees and contract for 
        assistance.
            ``(9) Grant for establishment of committee.--
                    ``(A) In general.--With respect to a grant under 
                paragraph (1)(A)(i) of subsection (i) for fiscal year 
                2003, an entity described in this paragraph is a 
                private nonprofit entity with significant experience in 
                domestic and international issues of public health and 
                nutrition. Not later than 180 days after the date of 
                enactment of the Improved Nutrition and Physical 
                Activity Act, the Secretary shall make the grant to 
                such an entity (subject to the availability of funds 
                under paragraph (2) of such subsection).
                    ``(B) Required agreements.--The grant referred to 
                in subparagraph (A) may be made to an entity only if 
                the entity agrees that--
                            ``(i) the entity will establish a committee 
                        that is composed in accordance with paragraph 
                        (4); and
                            ``(ii) the entity will not select an 
                        individual for membership on the Committee 
                        unless the individual agrees that the Committee 
                        will operate in accordance with each of the 
                        provisions of this subsection that relate to 
                        the operation of the Committee.
                    ``(C) Use of funds.--The Secretary may make a grant 
                referred to in subparagraph (A) only if the applicant 
                for the grant makes an agreement that the grant will 
                not be expended for any purpose other than carrying out 
                subparagraph (B). Such a grant may be made only if an 
                application for the grant is submitted to the Secretary 
                containing such agreement, and the application is in 
                such form, is made in such manner, and contains such 
                other agreements and such assurances and information as 
                the Secretary determines to be necessary to carry out 
                this paragraph.''.
    (b) Conforming Amendment.--Section 296(b) of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended--
            (1) in paragraph (3) by striking ``or'' at the end;
            (2) in paragraph (4) by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(5) the establishment of the National Nutrition 
        Foundation for the Department of Agriculture under section 
        242.''.
                                 <all>