[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1324 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1324

  To reduce and prevent childhood obesity by encouraging schools and 
school districts to develop and implement local, school-based programs 
  designed to reduce and prevent childhood obesity, promote increased 
          physical activity, and improve nutritional choices.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2005

 Mr. Frist (for himself and Mr. Wyden) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To reduce and prevent childhood obesity by encouraging schools and 
school districts to develop and implement local, school-based programs 
  designed to reduce and prevent childhood obesity, promote increased 
          physical activity, and improve nutritional choices.

    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 ``Childhood Obesity Reduction Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) According to the Centers for Disease Control and 
        Prevention, obesity may soon overtake tobacco as the leading 
        preventable cause of death.
            (2) In 1999, 13 percent of children aged 6 to 11 years and 
        14 percent of adolescents aged 12 to 19 years in the United 
        States were overweight. This prevalence has nearly tripled for 
        adolescents in the past 2 decades.
            (3) Risk factors for heart disease, such as high 
        cholesterol and high blood pressure, occur with increased 
        frequency in overweight children and adolescents compared to 
        children with a healthy weight.
            (4) Type 2 diabetes, previously considered an adult 
        disease, has increased dramatically in children and 
        adolescents. Overweight and obesity are closely linked to type 
        2 diabetes.
            (5) Obesity in children and adolescents is generally caused 
        by a lack of physical activity, unhealthy eating patterns, or a 
        combination of the 2, with genetics and lifestyle both playing 
        important roles in determining a child's weight.
            (6) Overweight adolescents have a 70 percent chance of 
        becoming overweight or obese adults.
            (7) The 2001 report ``The Surgeon General's Call to Action 
        to Prevent and Decrease Overweight and Obesity'' suggested that 
        obesity and its complications were already costing the United 
        States $117,000,000,000 annually.
            (8) Substantial evidence shows that public health risks can 
        be reduced through increased public awareness and community 
        involvement.
            (9) Congress needs to challenge students, teachers, school 
        administrators, and local communities to voluntarily 
        participate in the development and implementation of activities 
        to successfully reduce and prevent childhood obesity.

          TITLE I--CONGRESSIONAL COUNCIL ON CHILDHOOD OBESITY

SEC. 101. CONGRESSIONAL COUNCIL ON CHILDHOOD OBESITY.

    (a) Establishment of Council.--There is established a 
``Congressional Council on Childhood Obesity'' (referred to in this 
title as the ``Council'').
    (b) Purposes.--The purposes of the Council shall be--
            (1) to encourage every elementary school and middle school 
        in the United States, whether public or private, to develop and 
        implement a plan to reduce and prevent obesity, promote 
        improved nutritional choices, and promote increased physical 
        activity among students; and
            (2) to provide information as necessary to secondary 
        schools.

SEC. 102. MEMBERSHIP OF THE COUNCIL.

    (a) Composition of the Council.--The Council shall be composed of 8 
members as follows:
            (1) The majority leader of the Senate or the designee of 
        the majority leader of the Senate.
            (2) The minority leader of the Senate or the designee of 
        the minority leader of the Senate.
            (3) The Speaker of the House of Representatives or the 
        designee of the Speaker of the House of Representatives.
            (4) The minority leader of the House of Representatives or 
        the designee of the minority leader of the House of 
        Representatives.
            (5) 4 citizen members to be appointed in accordance with 
        subsection (b).
    (b) Appointment of Citizen Council Members.--
            (1) Method of appointment.--For the purpose of subsection 
        (a)(5), each of the 4 members described in paragraphs (1) 
        through (4) of subsection (a) shall appoint to the Council a 
        citizen who is an expert on children's health, nutrition, or 
        physical activity.
            (2) Date of appointment.--The appointments made under 
        paragraph (1) shall be made not later than 120 days after the 
        date of enactment of this Act.
    (c) Vacancies.--Any vacancy in the Council shall not affect its 
powers, but shall be filled in the manner in which the original 
appointment was made under subsection (a).
    (d) Chairperson.--The members of the Council shall elect, from 
among the members of the Council, a Chairperson.
    (e) Initial Meeting.--The Council shall hold its first meeting not 
later than 120 days after the date of enactment of this Act.

SEC. 103. RESPONSIBILITIES OF THE COUNCIL.

    (a) In General.--The Council shall engage in the following 
activities:
            (1) Work with outside experts to develop the Congressional 
        Challenge to Reduce and prevent Childhood Obesity, which shall 
        include the development of model plans to reduce and prevent 
        childhood obesity that can be adopted or adapted by elementary 
        schools or middle schools that participate.
            (2) Develop and maintain a website that is updated not less 
        than once a month on best practices in the United States for 
        reducing and preventing childhood obesity.
            (3) Assist in helping elementary schools and middle schools 
        in establishing goals for the healthy reduction and prevention 
        of childhood obesity.
            (4) Consult and coordinate with the President's Council on 
        Physical Fitness and other Federal Government initiatives 
        conducting activities to reduce and prevent childhood obesity.
            (5) Reward elementary schools, middle schools, and local 
        educational agencies promoting innovative, successful 
        strategies in reducing and preventing childhood obesity.
            (6) Provide information to secondary schools.
    (b) Congressional Challenge Winners.--
            (1) In general.--The Council shall--
                    (A) evaluate plans submitted by elementary schools, 
                middle schools, and local educational agencies under 
                paragraph (2);
                    (B) designate the plans submitted under paragraph 
                (2) that meet the criteria under paragraph (3) as 
                Congressional Challenge winners; and
                    (C) post the plans of the Congressional Challenge 
                winners designated under subparagraph (B) on the 
                website of the Council as model plans for reducing and 
                preventing childhood obesity.
            (2) Submission of plans.--Each elementary school, middle 
        school, or local educational agency that desires to have the 
        plan to reduce and prevent childhood obesity of such entity 
        designated as a Congressional Challenge winner shall submit to 
        the Council such plan at such time, in such manner, and 
        accompanied by such information as the Council may reasonably 
        require.
            (3) Selection criteria.--
                    (A) In general.--The Council shall evaluate plans 
                submitted by elementary schools, middle schools, and 
                local educational agencies under paragraph (2) and 
                shall designate as Congressional Challenge winners the 
                plans that--
                            (i) show promise in successfully increasing 
                        physical activity, improving nutrition, and 
                        reducing and preventing obesity; or
                            (ii) have maintained efforts in assisting 
                        children in increasing physical activity, 
                        improving nutrition, and reducing and 
                        preventing obesity.
                    (B) Criteria.--The Council shall make the 
                determination under subparagraph (A) based on the 
                following criteria:
                            (i) Strategies based on evaluated 
                        interventions.
                            (ii) The number of children in the 
                        community in need of assistance in addressing 
                        obesity and the potential impact of the 
                        proposed plan.
                            (iii) The involvement in the plan of the 
                        community served by the school or local 
                        educational agency.
                            (iv) Other criteria as determined by the 
                        Council.
    (c) Meetings.--The Council shall hold not less than 1 meeting each 
year, and all meetings of the Council shall be public meetings, 
preceded by a publication of notice in the Federal Register.

SEC. 104. ADMINISTRATIVE MATTERS.

    (a) Pay and Travel Expenses.--
            (1) Prohibition of pay.--Members of the Council shall 
        receive no pay, allowances, or benefits by reason of their 
        service on the Council.
            (2) Travel expenses.--
                    (A) Compensation for travel.--Each member of the 
                Council shall be allowed travel expenses, including per 
                diem in lieu of subsistence, at rates authorized for 
                employees of agencies under subchapter I of chapter 57 
                of title 5, United States Code, while away from their 
                homes or regular places of business in the performance 
                of services for the Council, to the extent funds are 
                available under subparagraph (B) for such expenses.
                    (B) Limit on travel expenses.--Travel expenses 
                under subparagraph (A) shall be appropriated from the 
                amounts appropriated to the legislative branch and 
                shall not exceed $1,000,000.
    (b) Staff.--The Chairperson of the Council may appoint and 
terminate, as may be necessary to enable the Council to perform its 
duties, not more than 5 staff personnel, all of whom shall be 
considered employees of the Senate.

SEC. 105. TERMINATION OF COUNCIL.

    The Council shall terminate on September 30 of the second full 
fiscal year following the date of enactment of this Act.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$2,200,000 for each of fiscal years 2006 and 2007.

   TITLE II--NATIONAL FOUNDATION FOR THE PREVENTION AND REDUCTION OF 
                           CHILDHOOD OBESITY

SEC. 201. ESTABLISHMENT AND DUTIES OF FOUNDATION.

    (a) In General.--There shall be established in accordance with this 
section a nonprofit private corporation to be known as the National 
Foundation for the Prevention and Reduction of Childhood Obesity 
(referred to in this title 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 activities for the prevention and reduction of 
childhood obesity through school-based activities.
    (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 Congressional Council on 
        Childhood Obesity and the Department of Health and Human 
        Services (referred to in this title as the ``Department'') and 
        dedicated to the purpose described in such subsection. Subject 
        to subsection (g)(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) Evaluate and make known the effectiveness of model 
        plans used by schools to reduce and prevent childhood obesity.
            (2) Create a website to assist in the distribution of 
        successful plans, best practices, and other information to 
        assist elementary schools, middle schools, and the public to 
        develop and implement efforts to reduce and prevent childhood 
        obesity.
            (3) Participate in meetings, conferences, courses, and 
        training workshops.
            (4) Assist in the distribution of data concerning childhood 
        obesity.
            (5) Make Challenge awards, pursuant to subsection (e), to 
        elementary schools, middle schools, and local educational 
        agencies for the successful development and implementation of 
        school-based plans.
            (6) Other activities to carry out the purpose described in 
        subsection (b).
    (e) Challenge Awards.--
            (1) Program authorized.--The Foundation may provide 
        Challenge awards to elementary schools, middle schools, and 
        local educational agencies that submit applications under 
        paragraph (2).
            (2) Application.--Each elementary school, middle school, or 
        local educational agency that desires to receive a Challenge 
        award under this subsection shall submit an application that 
        includes a plan to reduce and prevent childhood obesity to the 
        Foundation at such time, in such manner, and accompanied by 
        such additional information as the Foundation may reasonably 
        require.
            (3) Selection criteria.--In the program authorized under 
        paragraph (1), the Foundation shall provide Challenge awards 
        based on--
                    (A) the success of the plans of the elementary 
                schools, middle schools, and local educational agencies 
                in meeting the plans' stated goals;
                    (B) the number of children in the community served 
                by the elementary school, middle school, or local 
                educational agency who are in need of assistance in 
                addressing obesity; and
                    (C) other criteria as determined by the Foundation.
    (f) General Structure of Foundation; Nonprofit Status.--
            (1) Board of directors.--The Foundation shall have a board 
        of directors (referred to in this title as the ``Board''), 
        which shall be established and conducted in accordance with 
        subsection (g). 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 title 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 compliance 
        with 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 subsection (c)(3) of section 
                501 of the Internal Revenue Code of 1986; and
                    (B) is, under subsection (a) of such section, 
                exempt from taxation.
    (g) Board of Directors.--
            (1) Certain bylaws.--
                    (A) Inclusions.--In establishing bylaws under 
                subsection (f)(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.
                            (iv) Policies for writing, editing, 
                        printing, and publishing of books and other 
                        materials, and the acquisition of patents and 
                        licenses for devices and procedures developed 
                        by the Foundation.
                    (B) Exclusions.--In establishing bylaws under 
                subsection (f)(1), the Board shall ensure that the 
                bylaws of the Foundation (and activities carried out 
                under the bylaws) do not--
                            (i) reflect unfavorably upon 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.--
                    (A) In general.--Subject to subparagraph (B), the 
                Board shall be composed of 7 individuals, appointed in 
                accordance with paragraph (4), who collectively possess 
                education or experience appropriate for representing 
                the fields of children's health, nutrition, and 
                physical fitness or organizations active in reducing 
                and preventing childhood obesity. Each such individual 
                shall be a voting member of the Board.
                    (B) Greater number.--The Board may, through 
                amendments to the bylaws of the Foundation, provide 
                that the number of members of the Board shall be a 
                greater number than the number specified in 
                subparagraph (A).
            (3) Chairperson.--The Board shall, from among the members 
        of the Board, designate an individual to serve as the 
        Chairperson of the Board (referred to in this subsection as the 
        ``Chairperson'').
            (4) Appointments, vacancies, and terms.--Subject to 
        subsection (k) (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 Chairperson 
                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.
    (h) Certain Responsibilities of Executive Director.--In carrying 
out subsection (f)(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.
    (i) General Provisions.--
            (1) Authority for accepting funds.--The Secretary of Health 
        and Human Services (referred to in this title as 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 the Department. Funds may be 
        accepted and utilized by the 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 the Department by the Foundation 
                for the purpose of aiding or facilitating the work of 
                the 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) Non-federal government employees.--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 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 Act, the Ethics in Government Act 
                of 1978 (5 U.S.C. App.), and the Federal Technology 
                Transfer Act of 1986 (Public Law 99-502; 100 Stat. 
                1785); 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 such 
                chapter.
            (5) Financial conflicts of interest.--Any individual who is 
        an officer, employee, or member of the Board 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 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) Inclusions.--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) Public inspection.--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) Liaisons.--The Secretary shall appoint liaisons to the 
        Foundation from relevant Federal agencies, including the Office 
        of the Surgeon General and the Centers for Disease Control and 
        Prevention. The Secretary of Agriculture shall designate 
        liaisons to the Foundation as appropriate.
            (9) Inclusion of the president's council.--The Foundation 
        shall ensure that the President's Council on Physical Fitness 
        is included in the activities of the Foundation.
    (j) Federal Funding.--
            (1) Authority for annual grants.--
                    (A) In general.--The Secretary shall--
                            (i) for fiscal year 2006, make a grant to 
                        an entity described in subsection (k)(9) 
                        (relating to the establishment of a committee 
                        to establish the Foundation);
                            (ii) for fiscal years 2007 and 2008, 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 2009 and each 
                        subsequent fiscal year, make a grant to the 
                        Foundation.
                    (B) Rules on expenditures.--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 (k)(9) for the entity;
                            (ii) in the case of the committee 
                        established under subsection (k)(9), only for 
                        the purpose of carrying out the duties 
                        established in subsection (k) for the 
                        committee; and
                            (iii) in the case of the Foundation, only 
                        for the purpose of the administrative expenses 
                        of the Foundation.
                    (C) Restriction.--A grant under subparagraph (A) 
                may not be expended to provide amounts for the fund 
                established under subsection (c).
                    (D) Unobligated grant funds.--For the purposes 
                described in subparagraph (B)--
                            (i) any portion of the grant made under 
                        subparagraph (A)(i) for fiscal year 2006 that 
                        remains unobligated after the entity receiving 
                        the grant completes the duties established in 
                        subsection (k)(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 2006 or 
                        2007 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 
                $2,200,000 for each fiscal year.
                    (B) Programs of the department.--For the purpose of 
                grants under paragraph (1), the Secretary may for each 
                fiscal year make available not more than $2,200,000 
                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.
    (k) Committee for Establishment of Foundation.--
            (1) In general.--There shall be established, in accordance 
        with this subsection and subsection (j)(1), 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 title (or any successor 
                to this title), including such provisions as may be in 
                effect pursuant to amendments enacted after the date of 
                enactment of this Act.
                    (B) To ensure that the Foundation qualifies for and 
                maintains the status described in subsection (f)(3) 
                (regarding taxation).
                    (C) To establish the general policies and initial 
                bylaws of the Foundation, which bylaws shall include 
                the bylaws described in subsections (f)(3) and (g)(1).
                    (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 (g)(2)(A) 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) Completion of functions.--The Committee shall 
                complete the functions required in paragraph (1) not 
                later than September 30, 2008. 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 November 1, 2008.
            (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 of the members shall have 
                expertise in children's health, nutrition, and physical 
                activity; and
                    (B) no fewer than 2 of the members shall have 
                broad, general experience in nonprofit private 
                organizations (without regard to whether the 
                individuals have experience in children's health, 
                nutrition, and physical activity).
            (5) Chairperson.--The Committee shall, from among the 
        members of the Committee, designate an individual to serve as 
        the Chairperson 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 by the Secretary 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 
        Director 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 (j) for fiscal year 
                2006, an entity described in this paragraph is a 
                private nonprofit entity with significant experience in 
                children's health, nutrition, and physical activity. 
                Not later than 180 days after the date of enactment of 
                this Act, the Secretary shall make the grant to such an 
                entity (subject to the availability of funds under 
                paragraph (2) of such subsection).
                    (B) Conditions.--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) Agreement.--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.
                                 <all>