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