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H.R. 4942 (eas) [Engrossed Amendment Senate] ...


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108th CONGRESS
  2d Session
                                H. R. 4941

  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 HOUSE OF REPRESENTATIVES

                             July 22, 2004

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

_______________________________________________________________________

                                 A BILL


 
  To 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 2005 and 2006.

   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 

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