[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2894 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2894

To amend the Public Health Service Act to provide for the coordination 
  of Federal Government policies and activities to prevent obesity in 
   childhood, to provide for State childhood obesity prevention and 
 control, and to establish grant programs to prevent childhood obesity 
                within homes, schools, and communities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 5, 2004

  Mr. Kennedy introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to provide for the coordination 
  of Federal Government policies and activities to prevent obesity in 
   childhood, to provide for State childhood obesity prevention and 
 control, and to establish grant programs to prevent childhood obesity 
                within homes, schools, and communities.

    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 ``Prevention of Childhood Obesity 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Childhood overweight and obesity is a major public 
        health threat to the United States. The rates of obesity have 
        doubled in preschool children and tripled in adolescents in the 
        past 25 years. About 9,000,000 young people are considered 
        overweight.
            (2) Overweight and obesity is more prevalent in Mexican 
        American and African American youth. Among Mexican Americans, 
        24 percent of children (6 to 11 years) and adolescents (12 to 
        19 years) are obese and another 40 percent of children and 44 
        percent of adolescents are overweight. Among African Americans, 
        20 percent of children and 24 percent of adolescents are obese 
        and another 36 percent of children and 41 percent of 
        adolescents are overweight.
            (3) Childhood overweight and obesity is related to the 
        development of a number of preventable chronic diseases in 
        childhood and adulthood, such as type 2 diabetes and 
        hypertension.
            (4) Overweight adolescents have up to an 80 percent chance 
        of becoming obese adults. In 2003, obesity-related health 
        conditions in adults resulted in approximately $11,000,000,000 
        in medical expenditures.
            (5) Childhood obesity is preventable but will require 
        changes across the multiple environments to which our children 
        are exposed. This includes homes, schools, communities, and 
        society at large.
            (6) Overweight and obesity in children are caused by 
        unhealthy eating habits and a lack of physical activity.
            (7) Only 2 percent of school children meet all of the 
        recommendations of the Food Guide Pyramid. Sixty percent of 
        young people eat too much fat and less than 20 percent eat the 
        recommended 5 or more servings of fruits and vegetables each 
        day.
            (8) More than one third of young people do not meet 
        recommended guidelines for physical activity. Daily 
        participation in high school physical education classes dropped 
        from 42 percent in 1991 to 28 percent in 2003.
            (9) Children spend an average of 5\1/2\ hours per day using 
        media, more time than they spend doing anything besides 
        sleeping.
            (10) Children are exposed to an average of 40,000 
        television advertisements each year for candy, high sugar 
        cereals, and fast food. Fast food outlets alone spend 
        $3,000,000,000 in advertisements targeting children. Children 
        are exposed to one food commercial every 5 minutes.
            (11) A coordinated effort involving evidence-based 
        approaches is needed to ensure children develop in a society in 
        which healthy lifestyle choices are available and encouraged.

                  TITLE I--FEDERAL OBESITY PREVENTION

SEC. 101. FEDERAL LEADERSHIP COMMISSION TO PREVENT CHILDHOOD OBESITY.

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

``SEC. 399W-1. FEDERAL LEADERSHIP COMMISSION TO PREVENT CHILDHOOD 
              OBESITY.

    ``(a) In General.--The Secretary shall ensure that the Federal 
Government coordinates efforts to develop, implement, and enforce 
policies that promote messages and activities designed to prevent 
obesity among children and youth.
    ``(b) Establishment of Leadership Commission.--The Secretary, 
acting through the Director of the Centers for Disease Control and 
Prevention, shall establish within the Centers for Disease Control and 
Prevention a Federal Leadership Commission to Prevent Childhood Obesity 
(referred to in this section as the `Commission') to assess and make 
recommendations for Federal departmental policies, programs, and 
messages relating to the prevention of childhood obesity. The Director 
shall serve as the chairperson of the Commission.
    ``(c) Membership.--The Commission shall include representatives of 
offices and agencies within--
            ``(1) the Department of Health and Human Services;
            ``(2) the Department of Agriculture;
            ``(3) the Department of Commerce;
            ``(4) the Department of Education;
            ``(5) the Department of Housing and Urban Development;
            ``(6) the Department of the Interior;
            ``(7) the Department of Labor;
            ``(8) the Department of Transportation;
            ``(9) the Federal Trade Commission; and
            ``(10) other Federal entities as determined appropriate by 
        the Secretary.
    ``(d) Duties.--The Commission shall--
            ``(1) serve as a centralized mechanism to coordinate 
        activities related to obesity prevention across all Federal 
        departments and agencies;
            ``(2) establish specific goals for obesity prevention, and 
        determine accountability for reaching these goals, within and 
        across Federal departments and agencies;
            ``(3) review evaluation and economic data relating to the 
        impact of Federal interventions on the prevention of childhood 
        obesity;
            ``(4) provide a description of evidence-based best 
        practices, model programs, effective guidelines, and other 
        strategies for preventing childhood obesity;
            ``(5) make recommendations to improve Federal efforts 
        relating to obesity prevention and to ensure Federal efforts 
        are consistent with available standards and evidence; and
            ``(6) monitor Federal progress in meeting specific obesity 
        prevention goals.
    ``(e) Study; Summit; Guidelines.--
            ``(1) Study.--The Government Accountability Office shall--
                    ``(A) conduct a study to assess the effect of 
                Federal nutrition assistance programs and agricultural 
                policies on the prevention of childhood obesity, and 
                prepare a report on the results of such study that 
                shall include a description and evaluation of the 
                content and impact of Federal agriculture subsidy and 
                commodity programs and policies as such relate to 
                Federal nutrition programs;
                    ``(B) make recommendations to guide or revise 
                Federal policies for ensuring access to nutritional 
                foods in Federal nutrition assistance programs; and
                    ``(C) complete the activities provided for under 
                this section not later than 18 months after the date of 
                enactment of this section.
            ``(2) Institute of medicine study.--
                    ``(A) In general.--Not later than 6 months after 
                the date of enactment of this section, the Secretary 
                shall request that the Institute of Medicine (or 
                similar organization) conduct a study and make 
                recommendations on guidelines for nutritional food and 
                physical activity advertising and marketing to prevent 
                childhood obesity. In conducting such study the 
                Institute of Medicine shall--
                            ``(i) evaluate children's advertising and 
                        marketing guidelines and evidence-based 
                        literature relating to the impact of 
                        advertising on nutritional foods and physical 
                        activity in children and youth; and
                            ``(ii) make recommendations on national 
                        guidelines for advertising and marketing 
                        practices relating to children and youth that--
                                    ``(I) reduce the exposure of 
                                children and youth to advertising and 
                                marketing of foods of poor or minimal 
                                nutritional value and practices that 
                                promote sedentary behavior; and
                                    ``(II) increase the number of media 
                                messages that promote physical activity 
                                and sound nutrition.
                    ``(B) Guidelines.--Not later than 2 years after the 
                date of enactment of this section, the Institute of 
                Medicine shall submit to the Commission the final 
                report concerning the results of the study, and making 
                the recommendations, required under this paragraph.
            ``(3) National summit.--
                    ``(A) In general.--Not later than 1 year after the 
                date on which the report under paragraph (2)(B) is 
                submitted, the Commission shall convene a National 
                Summit to Implement Food and Physical Activity 
Advertising and Marketing Guidelines to Prevent Childhood Obesity 
(referred to in this section as the `Summit').
                    ``(B) Collaborative effort.--The Summit shall be a 
                collaborative effort and include representatives from--
                            ``(i) education and child development 
                        groups;
                            ``(ii) public health and behavioral science 
                        groups;
                            ``(iii) child advocacy and health care 
                        provider groups; and
                            ``(iv) advertising and marketing industry.
                    ``(C) Activities.--The participants in the Summit 
                shall develop a 5 year plan for implementing the 
                national guidelines recommended by the Institute of 
                Medicine in the report submitted under paragraph 
                (2)(B).
                    ``(D) Evaluation and reports.--Not later than 1 
                year after the date of enactment of this section, and 
                biannually thereafter, the Commission shall evaluate 
                and submit a report to Congress on the efforts of the 
                Federal Government to implement the recommendations 
                made by the Institute of Medicine in the report under 
                paragraph (2)(B) that shall include a detailed 
                description of the plan of the Secretary to implement 
                such recommendations.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2005 through 2009.
    ``(g) Definitions.--For purposes of this section, the definitions 
contained in section 401 of the Prevention of Childhood Obesity Act 
shall apply.''.

SEC. 102. FEDERAL TRADE COMMISSION AND MARKETING TO CHILDREN AND YOUTH.

    (a) In General.--Notwithstanding section 18 of the Federal Trade 
Commission Act (15 U.S.C. 82a), the Federal Trade Commission is 
authorized to promulgate regulations and monitor compliance with the 
guidelines for advertising and marketing of nutritional foods and 
physical activity directed at children and youth, as recommended by the 
National Summit to Implement Nutritional Food and Physical Activity 
Advertising and Marketing Guidelines to Prevent Childhood Obesity (as 
established under section 399W-1(e)(3) of the Public Health Service 
Act).
    (b) Fines.--Notwithstanding section 18 of the Federal Trade 
Commission Act (15 U.S.C. 82a), the Federal Trade Commission may assess 
fines on advertisers or network and media groups that fail to comply 
with the guidelines described in subsection (a).

   TITLE II--STATE CHILDREN AND YOUTH OBESITY PREVENTION AND CONTROL

SEC. 201. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

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

                ``PART R--OBESITY PREVENTION AND CONTROL

``SEC. 399AA. STATE CHILDHOOD OBESITY PREVENTION AND CONTROL PROGRAMS.

    ``(a) In General.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention, shall award competitive 
grants to eligible entities to support activities that implement the 
children's obesity prevention and control plans contained in the 
applications submitted under subsection (b)(2).
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be a State, territory, or an Indian tribe; and
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such agreements, assurances, and 
        information as the Secretary may require, including a 
        children's obesity prevention and control plan that--
                    ``(A) is developed with the advice of stakeholders 
                from the public, private, and nonprofit sectors that 
                have expertise relating to obesity prevention and 
                control;
                    ``(B) targets prevention and control of childhood 
                obesity;
                    ``(C) describes the obesity-related services and 
                activities to be undertaken or supported by the 
                applicant; and
                    ``(D) describes plans or methods to evaluate the 
                services and activities to be carried out under the 
                grant.
            ``(c) Use of Funds.--An eligible entity shall use amounts 
        received under a grant under this section to conduct, in a 
        manner consistent with the children's obesity prevention and 
        control plan under subsection (b)(2)--
            ``(1) an assessment of the prevalence and incidence of 
        obesity in children;
            ``(2) an identification of evidence-based and cost-
        effective best practices for preventing childhood obesity;
            ``(3) innovative multi-level behavioral or environmental 
        interventions to prevent childhood obesity;
            ``(4) demonstration projects for the prevention of obesity 
        in children and youth through partnerships between private 
        industry organizations, community-based organizations, academic 
        institutions, schools, hospitals, health insurers, researchers, 
        health professionals, or other health entities determined 
        appropriate by the Secretary;
            ``(5) ongoing coordination of efforts between governmental 
        and nonprofit entities pursuing obesity prevention and control 
        efforts, including those entities involved in related areas 
        that may inform or overlap with childhood obesity prevention 
        and control efforts, such as activities to promote school 
        nutrition and physical activity; and
            ``(6) evaluations of State and local policies and programs 
        related to obesity prevention in children.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2005 through 2009.

``SEC. 399AA-1. COMPREHENSIVE OBESITY PREVENTION ACTION GRANTS.

    ``(a) In General.--The Secretary shall award grants on a 
competitive basis to eligible entities to enable such entities to 
implement activities related to obesity prevention and control.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be a public or private nonprofit entity; and
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such agreements, assurances, and 
        information as the Secretary may require, including a 
        description of how funds received under a grant awarded under 
        this section will be used to--
                    ``(A) supplement or fulfill unmet needs identified 
                in the children's obesity prevention and control plan 
                of a State, Indian tribe, or territory (as prepared 
                under this part); and
                    ``(B) otherwise help achieve the goals of obesity 
                prevention as established by the Secretary or the 
                Commission.
    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to eligible entities submitting 
applications proposing to carry out programs for preventing obesity in 
children and youth from at-risk populations or reducing health 
disparities in underserved populations.
    ``(d) Use of Funds.--An eligible entity shall use amounts received 
under a grant awarded under subsection (a) to implement and evaluate 
behavioral and environmental change programs for childhood obesity 
prevention.
    ``(e) Evaluation.--An eligible entity that receives a grant under 
this section shall submit to the Secretary an evaluation of the 
operations and activities carried out under such grant that includes an 
analysis of the utilization and benefit of public health programs 
relevant to the activities described in subsection (d).
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2005 through 2009.

``SEC. 399AA-2. DISCOVERY TO PRACTICE CENTERS OF EXCELLENCE WITHIN THE 
              HEALTH PROMOTION AND DISEASE PREVENTION RESEARCH CENTERS 
              OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.

    ``(a) In General.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention, shall award grants to 
eligible entities for the establishment of Centers of Excellence for 
Discovery to Practice (referred to in this section as the `Centers') 
implemented through the Health Promotion and Disease Prevention 
Research Centers of the Centers for Disease Control and Prevention. 
Such eligible entities shall use grant funds to disseminate childhood 
obesity prevention evidence-based practices to individuals, families, 
schools, organizations, and communities.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be a Health Promotion and Disease Prevention Research 
        Center of the Centers for Disease Control and Prevention;
            ``(2) demonstrate a history of service to and collaboration 
        with populations with a high incidence of childhood obesity; 
        and
            ``(3) submit to the Secretary an application at such time, 
        in such manner, and containing such agreements, assurances, and 
information as the Secretary may require.
    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applications targeting childhood 
obesity prevention activities in underserved populations.
    ``(d) Use of Funds.--An eligible entity shall use amounts received 
under a grant under this section to disseminate childhood obesity 
prevention evidence-based practices through activities that--
            ``(1) expand the availability of evidence-based nutrition 
        and physical activity programs designed specifically for the 
        prevention of childhood obesity; and
            ``(2) train lay and professional individuals on 
        determinants of and methods for preventing childhood obesity.
    ``(e) Evaluation.--An eligible entity that receives a grant under 
this section shall submit to the Secretary an evaluation of the 
operations and activities carried out under such a grant that includes 
an analysis of increased utilization and benefit of programs relevant 
to the activities described in subsection (d).
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $50,000,000 for each of fiscal 
years 2005 through 2009.

``SEC. 399AA-3. DEFINITIONS.

    ``For purposes of this part, the definitions contained in section 
401 of the Prevention of Childhood Obesity Act shall apply.''.

        TITLE III--FEDERAL PROGRAMS TO PREVENT CHILDHOOD OBESITY

                 Subtitle A--Preventing Obesity at Home

SEC. 301. DEVELOPMENT OF OBESITY PREVENTION BEHAVIOR CHANGE CURRICULA 
              FOR EARLY CHILDHOOD HOME VISITATION PROGRAMS.

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

                 ``PART S--PREVENTING CHILDHOOD OBESITY

``SEC. 399BB. DEVELOPMENT OF OBESITY PREVENTION BEHAVIOR CHANGE 
              CURRICULA FOR EARLY CHILDHOOD HOME VISITATION PROGRAMS.

    ``(a) In General.--The Secretary, in collaboration with the 
Director of the Centers for Disease Control and Prevention and the 
Secretary of Education, shall award grants for the development of 
obesity prevention behavior change curricula to be incorporated into 
early childhood home visitation programs.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be an academic center collaborating with a public or 
        private nonprofit organization that has the capability of 
        testing behavior change curricula in service delivery settings 
        and disseminating results to home visiting programs nationally, 
        except that an organization testing the behavior change 
        curricula developed under the grant shall implement a model of 
        home visitation that--
                    ``(A) focuses on parental education and care of 
                children who are prenatal through 5 years of age;
                    ``(B) promotes the overall health and well-being of 
                young children; and
                    ``(C) adheres to established quality standards; and
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such agreements, assurances, and 
        information as the Secretary may require.
    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to eligible entities submitting 
applications that propose to develop and implement programs for 
preventing childhood obesity and reducing health disparities in 
underserved populations.
    ``(d) Use of Funds.--An eligible entity shall use amounts received 
under a grant under this section to develop, implement, and evaluate 
the impact of behavior change curricula for early childhood home 
visitation programs that--
            ``(1) encourage breast-feeding of infants;
            ``(2) promote age-appropriate portion sizes for a variety 
        of nutritious foods;
            ``(3) promote consumption of fruits and vegetables and low-
        energy dense foods; and
            ``(4) encourage education around parental modeling of 
        physical activity and reduction in television viewing and other 
        sedentary activities by toddlers and young children.
    ``(e) Evaluation.--Not later than 3 years after the date on which a 
grant is awarded under this section, the grantee shall submit to the 
Secretary a report that describes the activities carried out with funds 
received under the grant and the effectiveness of such activities 
in preventing obesity by improving nutrition and increasing physical 
activity.
    ``(f) Incorporation Into Evidence-Based Programs.--The Secretary, 
in consultation with the heads of other Federal departments and 
agencies, shall ensure that policies that prevent childhood obesity are 
incorporated into evidence-based early childhood home visitation 
programs in a manner that provides for measurable outcomes.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $25,000,000 for each of fiscal 
years 2005 through 2009.''.

          Subtitle B--Preventing Childhood Obesity in Schools

SEC. 311. PREVENTING CHILDHOOD OBESITY IN SCHOOLS.

    (a) In General.--Part S of title III of the Public Health Service 
Act (as added by section 301) is amended by adding at the end the 
following:

``SEC. 399BB-1. PREVENTING CHILDHOOD OBESITY IN SCHOOLS.

    ``(a) In General.--The Secretary, in collaboration with the 
Director of the Centers for Disease Control and Prevention, the 
Secretary of Education, the Secretary of Agriculture, and the Secretary 
of the Interior shall establish and implement activities to prevent 
obesity by encouraging healthy nutrition choices and physical activity 
in schools.
    ``(b) Schools.--The Secretary, in consultation with the Secretary 
of Education, shall require that each local education agency that 
receives Federal funds establish policies to ban vending machines that 
sell foods of poor or minimal nutritional value in schools.
    ``(c) School Districts.--
            ``(1) In general.--The Secretary shall award grants to 
        local education agencies to enable elementary and secondary 
        schools to promote good nutrition and physical activity among 
        children.
            ``(2) Carol m. white physical education program.--The 
        Secretary of Education, in collaboration with the Secretary, 
        may give priority in awarding grants under the Carol M. White 
        Physical Education Program under subpart 10 of part D of title 
        V of the Elementary and Secondary Education Act of 1965 to 
        local education agencies and other eligible entities that have 
        a plan to--
                    ``(A) implement behavior change curricula that 
                promotes the concepts of energy balance, good 
                nutrition, and physical activity;
                    ``(B) implement policies that encourage the 
                appropriate portion sizes and limit access to soft 
                drinks or other foods of poor or minimal nutritional 
                value on school campuses, and at school events;
                    ``(C) provide age-appropriate daily physical 
                activity that helps students to adopt, maintain, and 
                enjoy a physically active lifestyle;
                    ``(D) maintain a minimum number of functioning 
                water fountains (based on the number of individuals) in 
                school buildings;
                    ``(E) prohibit advertisements and marketing in 
                schools and on school grounds for foods of poor or 
                minimal nutritional value such as fast foods, soft 
                drinks, and candy; and
                    ``(F) develop and implement policies to conduct an 
                annual assessment of each student's body mass index and 
                provide such assessment to the student and the parents 
                of that student with appropriate referral mechanisms to 
                address concerns with respect to the results of such 
                assessments.
            ``(3) Grants for additional activities.--The Director of 
        the Centers for Disease Control and Prevention, in 
        collaboration with the Secretary, the Secretary of Agriculture, 
        and the Secretary of Education, shall award grants for the 
        implementation and evaluation of activities that--
                    ``(A) educate students about the health benefits of 
                good nutrition and moderate or vigorous physical 
                activity by integrating it into other subject areas and 
                curriculum;
                    ``(B) provide food options that are low in fat, 
                calories, and added sugars such as fruit, vegetables, 
                whole grains, and dairy products;
                    ``(C) develop and implement guidelines for 
                healthful snacks and foods for sale in vending 
                machines, school stores, and other venues within the 
                school's control;
                    ``(D) restrict student access to vending machines, 
                school stores, and other venues that contain foods of 
                poor or minimal nutritional value;
                    ``(E) encourage adherence to single-portion sizes, 
                as defined by the Food and Drug Administration, in 
                foods offered in the school environment;
                    ``(F) provide daily physical education for students 
                in prekindergarten through grade 12 through programs 
                that are consistent with the Guidelines for Physical 
                Activity as reported by Centers for Disease Control and 
Prevention and the American College of Sports Medicine and National 
Physical Education Standards;
                    ``(G) encourage the use of school facilities for 
                physical activity programs offered by the school or 
                community-based organizations outside of school hours;
                    ``(H) promote walking or bicycling to and from 
                school using such programs as Walking School Bus and 
                Bike Train;
                    ``(I) train school personnel in a manner that 
                provides such personnel with the knowledge and skills 
                needed to effectively teach lifelong healthy eating and 
                physical activity; and
                    ``(J) evaluate the impact of school nutrition and 
                physical education programs and facilities on body mass 
                index and related fitness criteria at annual intervals 
                to determine the extent to which national guidelines 
                are met.
    ``(d) Evaluation.--Not later than 3 years after the date on which a 
grant is awarded under this section, the grantee shall submit to the 
Director of the Centers for Disease Control and Prevention a report 
that describes the activities carried out with funds received under the 
grant and the effectiveness of such activities in improving nutrition 
and increasing physical activity.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $50,000,000 for each of fiscal 
years 2005 through 2009.''.
    (b) Carol M. White Physical Education Program.--Subpart 10 of part 
D of title V of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7261 et seq.) is amended by adding at the end the following:

``SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subpart, $150,000,000 for each of fiscal years 2006 through 2010.''.

    Subtitle C--Preventing Childhood Obesity in Afterschool Programs

SEC. 321. CHILDHOOD OBESITY PREVENTION GRANTS TO AFTERSCHOOL PROGRAMS.

    Part S of title III of the Public Health Service Act (as amended by 
section 311) is further amended by adding at the end the following:

``SEC. 399BB-2. CHILDHOOD OBESITY PREVENTION GRANTS TO AFTERSCHOOL 
              PROGRAMS.

    ``(a) In General.--The Secretary, in collaboration with the 
Director of the Centers for Disease Control and Prevention and the 
Secretary of Education, shall award grants for the development of 
obesity prevention behavior change curricula for afterschool programs 
for children.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be an academic center collaborating with a public or 
        private nonprofit organization that has the capability of 
        testing behavior change curricula in service delivery settings 
        and disseminating results to afterschool programs on a 
        nationwide basis, except that an organization testing the 
        behavior change curricula developed under the grant shall 
        implement a model of afterschool programming that shall--
                    ``(A) focus on afterschool programs for children up 
                to the age of 13 years;
                    ``(B) promote the overall health and well-being of 
                children and youth; and
                    ``(C) adhere to established quality standards; and
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such agreements, assurances, and 
        information as the Secretary may require.
    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to eligible entities submitting 
applications proposing to develop, implement, and evaluate programs for 
preventing and controlling childhood obesity or reducing health 
disparities in underserved populations.
    ``(d) Use of Funds.--An eligible entity shall use amounts received 
under a grant under this section to develop, implement, and evaluate, 
and disseminate the results of such evaluations, the impact of 
curricula for afterschool programs that promote--
            ``(1) age-appropriate portion sizes;
            ``(2) consumption of fruits and vegetables and low-energy 
        dense foods;
            ``(3) physical activity; and
            ``(4) reduction in television viewing and other passive 
        activities.
    ``(e) Evaluation.--Not later than 3 years after the date on which a 
grant is awarded under this section, the grantee shall submit to the 
Secretary a report that described the activities carried out with funds 
received under the grant and the effectiveness of such activities in 
preventing obesity, improving nutrition, and increasing physical 
activity.
    ``(f) Incorporation of Policies Into Federal Programs.--The 
Secretary, in consultation with the heads of other Federal departments 
and agencies, shall ensure that policies that prevent childhood obesity 
are incorporated into evidence-based afterschool programs in a manner 
that provides for measurable outcomes.
    ``(g) Definition.--This section, the term `afterschool programs' 
means programs providing structured activities for children during out-
of-school time, including before school, after school, and during the 
summer months.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $25,000,000 for each of fiscal 
years 2005 through 2009.''.

 Subtitle D--Training Early Childhood and Afterschool Professionals to 
                       Prevent Childhood Obesity

SEC. 331. TRAINING EARLY CHILDHOOD AND AFTERSCHOOL PROFESSIONALS TO 
              PREVENT CHILDHOOD OBESITY.

    Part S of title III of the Public Health Service Act (as amended by 
section 321) is further amended by adding at the end the following:

``SEC. 399BB-3. TRAINING EARLY CHILDHOOD AND AFTERSCHOOL PROFESSIONALS 
              TO PREVENT CHILDHOOD OBESITY.

    ``(a) In General.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration, shall award grants 
to support the training of early childhood professionals (such as 
parent educators and child care providers) about obesity prevention, 
with emphasis on nationally accepted standards.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be a public or private nonprofit organization that 
        conducts or supports early childhood and afterschool programs, 
        home visitation, or other initiatives that--
                    ``(A) focus on parental education and care of 
                children;
                    ``(B) promote the overall health and well-being of 
                children;
                    ``(C) adhere to established quality standards; and
                    ``(D) have the capability to provide or distribute 
                training on a nationwide basis; and
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such agreements, assurances, and 
        information as the Secretary may require.
    ``(c) Evaluation.--Not later than 3 years after the date on which a 
grant is awarded under this section, the grantee shall submit to the 
Administrator of the Health Resources and Services Administration a 
report that describes the activities carried out with funds received 
under the grant and the effectiveness of such activities in improving 
the practice of child care and afterschool professionals with respect 
to the prevention of obesity.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $10,000,000 for each of fiscal 
years 2005 through 2009.''.

        Subtitle E--Preventing Childhood Obesity in Communities

SEC. 341. PREVENTING CHILDHOOD OBESITY IN COMMUNITIES.

    Part S of title III of the Public Health Service Act (as amended by 
section 331) is further amended by adding at the end the following:

``SEC. 399BB-4. PREVENTING CHILDHOOD OBESITY IN COMMUNITIES.

    ``(a) In General.--The Director of the Centers for Disease Control 
and Prevention, in collaboration with the Secretary, the Secretary of 
Transportation, and Secretary of the Interior, shall award grants and 
implement activities to encourage healthy nutrition and physical 
activity by children in communities.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be a public or private nonprofit organization or 
        community-based organizations that conduct initiatives that--
                    ``(A) focus on parental education and care of 
                children;
                    ``(B) promote the overall health and well-being of 
                children;
                    ``(C) adhere to established quality standards; and
                    ``(D) have the capability to provide training on a 
                nationwide basis; and
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such agreements, assurances, and 
        information as the Secretary may require.
    ``(c) Communities.--
            ``(1) In general.--The Director of the Centers for Disease 
        Control and Prevention, in collaboration with the Secretary, 
        the Secretary of Transportation, and Secretary of the Interior, 
        shall award grants to eligible entities to develop broad 
        partnerships between private and public and nonprofit entities 
        to promote healthy nutrition and physical activity for children 
        by assessing, modifying, and improving community planning and 
        design.
            ``(2) Activities.--Amounts awarded under a grant under 
        paragraph (1) shall be used for the implementation and 
        evaluation of activities--
                    ``(A) to create neighborhoods that encourage 
                healthy nutrition and physical activity;
                    ``(B) to promote safe walking and biking routes to 
                schools;
                    ``(C) to design pedestrian zones and construct safe 
                walkways, cycling paths, and playgrounds;
                    ``(D) to implement campaigns, in communities at 
                risk for sedentary activity, designed to increase 
                levels of physical activity, which should be evidence-
                based, and may incorporate informational, behavioral, 
                and social, or environmental and policy change 
                interventions;
                    ``(E) to implement campaigns, in communities at 
                risk for poor nutrition, that are designed to promote 
                intake of foods by children consistent with established 
                dietary guidelines through the use of different types 
                of media including television, radio, newspapers, movie 
                theaters, billboards, and mailings; and
                    ``(F) to implement campaigns, in communities at 
                risk for poor nutrition, that promote water as the main 
                daily drink of choice for children through the use of 
                different types of media including television, radio, 
                newspapers, movie theaters, billboards, and mailings.
    ``(d) Evaluation.--Not later than 3 years after the date on which a 
grant is awarded under this section, the grantee shall submit to the 
Director of the Centers for Disease Control and Prevention a report 
that describes the activities carried out with funds receive under the 
grant and the effectiveness of such activities in increasing physical 
activity and improving dietary intake.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $50,000,000 for each of fiscal 
years 2005 through 2009.

``SEC. 399BB-5. DEFINITIONS.

    ``For purposes of this part, the definitions contained in section 
401 of the Prevention of Childhood Obesity Act shall apply.''.

SEC. 342. 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.--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 
2005, and such sums as may be necessary for each of fiscal years 2006 
through 2010.''.

SEC. 343. PREVENTION OF CHILDHOOD OBESITY RESEARCH THROUGH THE NATIONAL 
              INSTITUTES OF HEALTH.

    (a) In General.--The Director of the National Institutes of Health, 
in accordance with the National Institute of Health's Strategic Plan 
for Obesity Research, shall expand and intensify research that 
addresses the prevention of childhood obesity.
    (b) Plan.--The Director of the National Institutes of Health 
shall--
            (1) conduct or support research programs and research 
        training concerning the prevention of obesity in children; and
            (2) develop and periodically review, and revise as 
        appropriate, the Strategic Plan for Obesity Research.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2005 through 2010. Amounts appropriated under 
this section shall be in addition to other amounts available for 
carrying out activities of the type described in this section.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. DEFINITIONS.

    In this Act:
            (1) Childhood.--The term ``childhood'' means children and 
        youth from birth to 18 years of age.
            (2) Children.--The term ``children'' means children and 
        youth from birth through 18 years of age.
            (3) Food of poor or minimal nutritional value.--The term 
        ``foods with poor or minimal nutritional value'' has the 
        meaning given such term for purposes of the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.) and part 210 
        of title 7, Code of Federal Regulations.
            (4) Obesity and overweight.--The terms ``obesity'' and 
        ``overweight'' have the meanings given such terms by the 
        Centers for Disease Prevention and Control.
            (5) Obesity control.--The term ``obesity control'' means 
        programs or activities for the prevention of excessive weight 
        gain.
            (6) Obesity prevention.--The term ``obesity prevention'' 
        means programs or activities to prevent obesity or overweight.
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