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108th CONGRESS
2d Session
S. 2551
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 21, 2004
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 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
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--
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