[Congressional Record Volume 151, Number 44 (Thursday, April 14, 2005)]
[Senate]
[Pages S3670-S3674]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY:
  S. 799. 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; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. KENNEDY. Mr. President, America is facing a major public health 
problem because of the epidemic of obesity in the nation's children. 
Nine million children today are obese. Over the past three decades, the 
rate of obesity has more than doubled in preschool children and 
adolescents, and tripled among all school-age children. The health 
risks are immense. If the current rates do not decrease, 30 percent of 
boys and 40 percent of girls born in 2000 will develop diabetes, which 
can lead to kidney failure, blindness, heart disease and stroke.
  Obese children are 80 percent likely to become obese adults, with 
significantly greater risk for not only diabetes, but heart disease, 
arthritis and certain types of cancer. The economic impact of obesity-
related health expenditures in 2004 reached $129 billion, a clear sign 
of the lower quality of life likely to be faced by the growing number 
of the nation's youth.
  Childhood obesity is the obvious result of too much food and too 
little exercise. Children are especially susceptible because of the 
dramatic social changes that have been taking place for many years. 
Children are exposed to 40,000 food advertisements a year one food 
commercial every minute--urging them to eat candy, snacks, and fast 
food. Vending machines are now in 43 percent of elementary schools and 
97 percent of high schools, offering young students easy access to soft 
drinks and snacks that can double their risk of obesity. Many schools 
have eliminated physical education classes, leaving children less 
active throughout the school day. More communities are built without 
sidewalks, safe parks, or bike trails. Parents, who worry about the 
safety of their children in outside play, encourage them to sit and 
watch television. Fast food stores are nearby, grocery stores and 
farmers markets with fresh fruits and vegetables are not.
  According to the Institute of Medicine, prevention of obesity in 
children and youth requires public health action at its broadest and 
most inclusive level, with coordination between federal and state 
governments, within schools and communities, and involving industry and 
media, so that children can make food and activity choices that lead to 
healthy weights.
  The Prevention of Childhood Obesity Act makes the current epidemic a 
national public health priority. It appoints a federal commission on 
food policies to promote good nutrition. Guidelines for food and 
physical activity advertisements will be established by a summit 
conference of representatives from education, industry, and health 
care. Grants are provided to states to implement anti-obesity plans, 
including curricula and training for educators, for obesity prevention 
activities in preschool, school and after-school programs, and for 
sidewalks, bike trails, and parks where children can play and be both 
healthy and safe.
  Prevention is the cornerstone of good health and long, productive 
lives for all Americans. Childhood obesity is preventable, but we have 
to work together to stop this worsening epidemic and protect our 
children's future. Congress must to do its part and I urge my 
colleagues to support this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 799

       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 overweight and 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 insufficient 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 1 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 after 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

[[Page S3671]]

     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 2006 
     through 2010.
       ``(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. 57a), 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 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. 57a), 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 2006 
     through 2010.

     ``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

[[Page S3672]]

     necessary for each of fiscal years 2006 through 2010.

     ``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 2006 through 2010.

     ``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 2006 through 2010.''.

          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 
     educational 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 educational 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 educational 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;

[[Page S3673]]

       ``(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 2006 through 2010.''.
       (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.--In 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 2006 through 2010.''.

 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 2006 through 2010.''.

        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

[[Page S3674]]

     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 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 2006 through 2010.''.

     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 2006, and such sums as may be necessary for 
     each of fiscal years 2007 through 2011.''.

     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 Institutes 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 2006 through 2011. 
     Amounts appropriated under this section shall be in addition 
     to other amounts available for carrying out activities of the 
     type described in this section.

     SEC. 344. RESEARCH ON THE RELATIONSHIP BETWEEN THE PHYSICAL 
                   ACTIVITY OF CHILDREN AND THE BUILT ENVIRONMENT.

       Part S of title III of the Public Health Service Act (as 
     amended by section 341) is further amended by adding at the 
     end the following:

     ``SEC. 399BB-5. RESEARCH ON THE RELATIONSHIP BETWEEN THE 
                   PHYSICAL ACTIVITY OF CHILDREN AND THE BUILT 
                   ENVIRONMENT.

       ``(a) In General.--The Secretary shall support research 
     efforts to promote physical activity in children through 
     enhancement of the built environment.
       ``(b) Eligibility.--In this section, the term `eligible 
     institution' means a public or private nonprofit institution 
     that submits to the Secretary an application at such time, in 
     such manner, and containing such agreements, assurances, and 
     information as the Secretary may require.
       ``(c) Grant Programs.--
       ``(1) Research.--The Secretary, in collaboration with the 
     Transportation Research Board of the National Research 
     Council, shall award grants to eligible institutions to 
     expand, intensify, and coordinate research that will--
       ``(A) investigate and define causal links between the built 
     environment and levels of physical activity in children;
       ``(B) include focus on a variety of geographic scales, with 
     particular focus given to smaller geographic units of 
     analysis such as neighborhoods and areas around elementary 
     schools and secondary schools;
       ``(C) identify or develop effective intervention strategies 
     to promote physical activity among children with focus on 
     behavioral interventions and enhancements of the built 
     environment that promote increased use by children; and
       ``(D) assure the generalizability of intervention 
     strategies to high-risk populations and high-risk 
     communities, including low-income urban and rural 
     communities.
       ``(2) Intervention pilot programs.--The Secretary, in 
     collaboration with the Transportation Research Board of the 
     National Research Council and with appropriate Federal 
     agencies, shall award grants to pilot test the intervention 
     strategies identified or developed through research 
     activities described in paragraph (1) relating to increasing 
     use of the built environment by 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 2006 
     through 2010.

     ``SEC. 399BB-6. DEFINITIONS.

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

                   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 
     ``food of poor or minimal nutritional value'' has the meaning 
     given the term ``food of minimal nutritional value'' 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 Control and Prevention.
       (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 prevention of obesity or overweight.
                                 ______