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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 174 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 174

  To improve the health of Americans and reduce health care costs by 
    reorienting the Nation's health care system toward prevention, 
                    wellness, and health promotion.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

  Mr. Harkin introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To improve the health of Americans and reduce health care costs by 
    reorienting the Nation's health care system toward prevention, 
                    wellness, and health promotion.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Healthy Lifestyles 
and Prevention America Act'' or the ``HeLP America Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                  TITLE I--HEALTHIER KIDS AND SCHOOLS

Sec. 101. Nutrition and physical activity in child care quality 
                            improvement.
Sec. 102. Access to local foods and school gardens at preschools and 
                            child care.
Sec. 103. Fresh fruit and vegetable program.
Sec. 104. Equal physical activity opportunities for students with 
                            disabilities.
             TITLE II--HEALTHIER COMMUNITIES AND WORKPLACES

               Subtitle A--Creating Healthier Communities

Sec. 201. Technical assistance for the development of joint use 
                            agreements.
Sec. 202. Community sports programs for individuals with disabilities.
Sec. 203. Community gardens.
Sec. 204. Physical activity guidelines for Americans.
Sec. 205. Tobacco taxes parity.
Sec. 206. Leveraging and coordinating federal resources for improved 
                            health.
            Subtitle B--Incentives for a Healthier Workforce

Sec. 211. Tax credit to employers for costs of implementing wellness 
                            programs.
Sec. 212. Employer-provided off-premises athletic facilities.
Sec. 213. Task force for the promotion of breastfeeding in the 
                            workplace.
Sec. 214. Improving healthy eating and active living options in Federal 
                            workplaces.
        TITLE III--RESPONSIBLE MARKETING AND CONSUMER AWARENESS

Sec. 301. Guidelines for reduction in sodium content in certain foods.
Sec. 302. Nutrition labeling for food products sold principally for use 
                            in restaurants or other retail food 
                            establishments.
Sec. 303. Front-label food guidance systems.
Sec. 304. Rulemaking authority for advertising to children.
Sec. 305. Health literacy: research, coordination and dissemination.
Sec. 306. Disallowance of deductions for advertising and marketing 
                            expenses relating to tobacco product use.
Sec. 307. Incentives to reduce tobacco use.
           TITLE IV--EXPANDED COVERAGE OF PREVENTIVE SERVICES

Sec. 401. Required coverage of preventive services under the Medicaid 
                            program.
Sec. 402. Coverage for comprehensive workplace wellness program and 
                            preventive services.
Sec. 403. Health professional education and training in healthy eating.
                           TITLE V--RESEARCH

Sec. 501. Grants for Body Mass Index data analysis.
Sec. 502. National assessment of mental health needs.

                  TITLE I--HEALTHIER KIDS AND SCHOOLS

SEC. 101. NUTRITION AND PHYSICAL ACTIVITY IN CHILD CARE QUALITY 
              IMPROVEMENT.

    Section 658G of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858e) is amended--
            (1) by striking ``choice, and'' and inserting ``choice,''; 
        and
            (2) by inserting after ``referral services)'' the 
        following: ``, and the provision of resources to enable 
        eligible child care providers to meet, exceed, or sustain 
        success in meeting or exceeding Federal or State high-quality 
        program standards relating to health, mental health, nutrition, 
        physical activity, and physical development''.

SEC. 102. ACCESS TO LOCAL FOODS AND SCHOOL GARDENS AT PRESCHOOLS AND 
              CHILD CARE.

    Section 18(g) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769(g)) is amended--
            (1) by redesignating paragraphs (1) through (4) as 
        paragraphs (2) through (5), respectively;
            (2) by inserting before paragraph (2) (as redesignated by 
        paragraph (1)) the following:
            ``(1) Definitions.--In this subsection:
                    ``(A) Child care center.--The term `child care 
                center' means a child care center participating in the 
                program under section 17 (other than a child care 
                center that solely participates in the program under 
                subsection (r) of that section).
                    ``(B) Sponsoring organization.--The term 
                `sponsoring organization' means an institution 
                described in subparagraphs (C), (D), or (E) of section 
                17(a)(2).'';
            (3) in paragraph (2) (as so redesignated)--
                    (A) in the paragraph heading, by striking ``in 
                general'' and inserting ``assistance'';
                    (B) in the matter preceding subparagraph (A), by 
                inserting ``, child care centers, sponsoring 
                organizations for home-based care,'' after ``schools''; 
                and
                    (C) in subparagraph (A), by inserting ``, child 
                care centers, sponsoring organizations for home-based 
                care,'' after ``schools'';
            (4) in paragraph (3) (as so redesignated), by striking 
        ``paragraph (1)'' and inserting ``paragraph (2)''; and
            (5) in paragraph (4) (as so redesignated)--
                    (A) in subparagraph (A)(i)--
                            (i) in subclause (I), by striking ``or'';
                            (ii) in subclause (II), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                                    ``(III) a consortium of at least 2 
                                child care centers or sponsoring 
                                organizations for home-based care with 
                                hands-on vegetable gardening and 
                                nutrition education that is 
                                incorporated into the curriculum for 1 
                                or more age groups at 2 or more 
                                eligible centers or family child care 
                                homes supported by sponsoring 
                                organizations for home-based care.''; 
                                and
                    (B) in subparagraph (F), by striking ``paragraph 
                (1)(H)'' and inserting ``paragraph (2)(H)''.

SEC. 103. FRESH FRUIT AND VEGETABLE PROGRAM.

    Section 19 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769a) is amended--
            (1) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) School Participation.--
            ``(1) In general.--Each State shall carry out the program 
        in each elementary school (as defined in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)) in the State--
                    ``(A) in which not less than 50 percent of the 
                students are eligible for free or reduced price meals 
                under this Act; and
                    ``(B) that submits an application in accordance 
                with paragraph (2).
            ``(2) Application.--
                    ``(A) In general.--An interested elementary school 
                shall submit to the State an application containing--
                            ``(i) information pertaining to the 
                        percentage of students enrolled in the school 
                        who are eligible for free or reduced price 
                        school lunches under this Act;
                            ``(ii) a certification of support for 
                        participation in the program signed by the 
                        school food manager, the school principal, and 
                        the district superintendent (or equivalent 
                        positions, as determined by the school);
                            ``(iii) a plan for implementation of the 
                        program, including efforts to integrate 
                        activities carried out under this section with 
                        other efforts to promote sound health and 
                        nutrition, reduce overweight and obesity, or 
                        promote physical activity; and
                            ``(iv) such other information as may be 
                        requested by the Secretary.
                    ``(B) Partnerships.--Each State shall encourage 
                interested elementary schools to submit a plan for 
                implementation of the program that includes a 
                partnership with 1 or more entities that will provide 
                non-Federal resources (including entities representing 
                the fruit and vegetable industry).'';
            (2) by striking subsection (i) and inserting the following:
    ``(i) Funding.--
            ``(1) In general.--Out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary to carry out this section such sums 
        as are necessary, to remain available until expended.
            ``(2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation.''; and
            (3) by redesignating subsections (e) through (i) as 
        subsections (d) through (h), respectively.

SEC. 104. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES FOR STUDENTS WITH 
              DISABILITIES.

    (a) In General.--Title V of the Rehabilitation Act of 1973 (29 
U.S.C. 791 et seq.) is amended by adding at the end the following:

``SEC. 511. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES FOR STUDENTS WITH 
              DISABILITIES.

    ``(a) In General.--The Secretary shall promote equal opportunities 
for students with disabilities to be included and to participate in 
physical education and extracurricular athletics implemented in, or in 
conjunction with, elementary schools, secondary schools, and 
institutions of higher education, by ensuring the provision of 
appropriate technical assistance and guidance for schools and 
institutions described in this subsection and their personnel.
    ``(b) Technical Assistance and Guidance.--The provision of 
technical assistance and guidance described in subsection (a) shall 
include--
            ``(1) providing technical assistance to elementary schools, 
        secondary schools, local educational agencies, State 
        educational agencies, and institutions of higher education, 
        regarding--
                    ``(A) inclusion and participation of students with 
                disabilities, in a manner equal to that of the other 
                students, in physical education opportunities 
                (including classes), and extracurricular athletics 
                opportunities, including technical assistance on 
                providing reasonable modifications to policies, 
                practices, and procedures, and providing supports to 
                ensure such inclusion and participation;
                    ``(B) provision of adaptive sports programs, in the 
                physical education and extracurricular athletics 
                opportunities, including programs with competitive 
                sports leagues or competitions, for students with 
                disabilities; and
                    ``(C) responsibilities of the schools, 
                institutions, and agencies involved under section 504, 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.), and any other applicable Federal law to 
                provide students with disabilities equal access to 
                extracurricular athletics;
            ``(2) facilitating information sharing among the schools, 
        institutions, and agencies, and students with disabilities, on 
        ways to provide inclusive opportunities in physical education 
        and extracurricular athletics for students with disabilities; 
        and
            ``(3) monitoring the extent to which physical education and 
        extracurricular athletics opportunities for students with 
        disabilities are implemented in, or in conjunction with, 
        elementary schools, secondary schools, and institutions of 
        higher education.
    ``(c) Definitions.--In this section:
            ``(1) Agencies.--The terms `local educational agency' and 
        `State educational agency' have the meanings given the terms in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).
            ``(2) Schools.--The terms `elementary school', `secondary 
        school', and `institution of higher education' mean an 
        elementary school, secondary school, or institution of higher 
        education, respectively (as defined in section 9101 of the 
        Elementary and Secondary Education Act of 1965), that receives 
        or has 1 or more students that receive, Federal financial 
        assistance.
            ``(3) Student with a disability.--
                    ``(A) In general.--The term `student with a 
                disability' means an individual who--
                            ``(i) attends an elementary school, 
                        secondary school, or institution of higher 
                        education; and
                            ``(ii) who--
                                    ``(I) is eligible for, and 
                                receiving, special education or related 
                                services under part B of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1411 et seq.); or
                                    ``(II) is an individual with a 
                                disability, for purposes of section 504 
                                or the Americans with Disabilities Act 
                                of 1990.
                    ``(B) Students with disabilities.--The term 
                `students with disabilities' means more than 1 student 
                with a disability.''.
    (b) Table of Contents.--The table of contents in section 1(b) of 
the Rehabilitation Act of 1973 is amended by inserting after the item 
relating to section 509 the following:

``Sec. 510. Establishment of standards for accessible medical 
                            diagnostic equipment.
``Sec. 511. Equal physical activity opportunities for students with 
                            disabilities.''.

             TITLE II--HEALTHIER COMMUNITIES AND WORKPLACES

               Subtitle A--Creating Healthier Communities

SEC. 201. TECHNICAL ASSISTANCE FOR THE DEVELOPMENT OF JOINT USE 
              AGREEMENTS.

    (a) In General.--The Secretary of Health and Human Services, acting 
through the Director of the Centers for Disease Control and Prevention 
and in coordination with the Secretary of Education and in consultation 
with leading national experts and organizations advancing healthy 
living in the school environment, shall develop and disseminate 
guidelines and best practices, including model documents, and provide 
technical assistance to elementary and secondary schools to assist such 
schools with the development of joint use agreements so as to address 
liability, operational and management, and cost issues that may 
otherwise impede the ability of community members to use school 
facilities for recreational and nutritional purposes during nonschool 
hours.
    (b) Definition.--In this section, the term ``joint use agreement'' 
means a formal agreement between an elementary or secondary school and 
another entity relating to the use of the school's facilities, 
equipment, or property, including recreational and food services 
facilities, equipment, and property, by individuals other than the 
school's students or staff.

SEC. 202. COMMUNITY SPORTS PROGRAMS FOR INDIVIDUALS WITH DISABILITIES.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399V-5. COMMUNITY SPORTS PROGRAMS FOR INDIVIDUALS WITH 
              DISABILITIES.

    ``(a) In General.--
            ``(1) Individual with a disability defined.--For purposes 
        of this section, the term `individual with a disability' means 
        any person who has a disability as defined in section 3 of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12102).
            ``(2) Individual with a physical disability.--The term 
        `individual with a physical disability' means an individual 
        with a disability that has a physical or visual disability.
            ``(3) Community sports grants program.--The Secretary, in 
        collaboration with the National Advisory Committee on Community 
        Sports Programs for Individuals with Disabilities, may award 
        grants on a competitive basis to public and nonprofit private 
        entities to implement community-based, sports and athletic 
        programs for individuals with disabilities, including youth 
        with disabilities.
    ``(b) Application.--To be eligible to receive a grant under this 
section, a public or nonprofit private entity shall submit to the 
Secretary an application at such time, in such manner, and containing 
such agreements, assurances, and information as the Secretary 
determines to be necessary to carry out this section.
    ``(c) Authorized Activities.--Amounts awarded under a grant under 
subsection (a) shall be used for--
            ``(1) community-based sports programs, leagues, or 
        competitions in individual or team sports for individuals with 
        physical disabilities;
            ``(2) regional sports programs or competitions in 
        individual or team sports for individuals with physical 
        disabilities;
            ``(3) the development of competitive team and individual 
        sports programs for individuals with disabilities at the high 
        school and collegiate level; or
            ``(4) the development of mentoring programs to encourage 
        participation in sports programs for individuals with 
        disabilities, including individuals with recently acquired 
        disabilities.
    ``(d) Priorities.--
            ``(1) Advisory committee.--The Secretary shall establish a 
        National Advisory Committee on Community Sports Programs for 
        Individuals with Disabilities that shall--
                    ``(A) establish priorities for the implementation 
                of this section;
                    ``(B) review grant proposals;
                    ``(C) make recommendations for distribution of the 
                available appropriated funds to specific applicants; 
                and
                    ``(D) annually evaluate the progress of programs 
                carried out under this section in implementing such 
                priorities.
            ``(2) Representation.--The Advisory Committee established 
        under paragraph (1) shall include representatives of--
                    ``(A) the Department of Health and Human Services 
                Office on Disability;
                    ``(B) the United States Surgeon General;
                    ``(C) the Centers for Disease Control and 
                Prevention;
                    ``(D) disabled sports organizations;
                    ``(E) organizations that represent the interests of 
                individuals with disabilities; and
                    ``(F) individuals with disabilities (including 
                athletes with physical disabilities) or their family 
                members.
    ``(e) Dissemination of Information.--The Secretary shall 
disseminate information about the availability of grants under this 
section in a manner that is designed to reach public entities and 
nonprofit private organizations that are dedicated to providing 
outreach, advocacy, or independent living services to individuals with 
disabilities.
    ``(f) Technical Assistance.--The Secretary, in conjunction with the 
United States Olympic Committee and disabled sports organizations, 
shall establish a technical assistance center to provide training, 
support, and information to grantees under this section on establishing 
and operating community sports programs for individuals with 
disabilities.
    ``(g) Report to Congress.--Not later than 180 days after the date 
of the enactment of this section, and annually thereafter, the 
Secretary shall submit to Congress a report summarizing activities, 
findings, outcomes, and recommendations resulting from the grant 
projects funded under this section during the year for which the report 
is being prepared.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--To carry out this section, there are 
        authorized to be appropriated such sums as may be necessary.
            ``(2) Limitation.--Not to exceed 10 percent of the amount 
        appropriated in each fiscal year shall be used to carry out 
        activities under subsection (c)(4).''.

SEC. 203. COMMUNITY GARDENS.

    Subtitle D of title X of the Food, Conservation, and Energy Act of 
2008 (Public Law 110-246; 122 Stat. 2109) is amended by adding at the 
end the following:

``SEC. 10405. COMMUNITY GARDEN GRANT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a nonprofit organization; or
                    ``(B) a unit of general local government, or tribal 
                government, located on tribal land or in a low-income 
                community.
            ``(2) Low-income community.--The term `low-income 
        community' means--
                    ``(A) a community in which not less than 50 percent 
                of children are eligible for free or reduced priced 
                meals under the Richard B. Russell National School 
                Lunch Act (42 U.S.C. 1751 et seq.); or
                    ``(B) any other community determined by the 
                Secretary to be low-income for purposes of this 
                section.
            ``(3) Unit of general local government.--The term `unit of 
        general local government' has the meaning given the term in 
        section 102 of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5302).
    ``(b) Program Established.--Using such amounts as are appropriated 
to carry out this section, the Secretary shall award grants to eligible 
entities to expand, establish, or maintain community gardens.
    ``(c) Application.--To be considered for a grant under this 
section, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including--
            ``(1) an assurance that priority for hiring for jobs 
        created by the expansion, establishment, or maintenance of a 
        community garden funded with a grant received under this 
        section will be given to individuals who reside in the 
        community in which the garden is located; and
            ``(2) a demonstration that the eligible entity is committed 
        to providing non-Federal financial or in-kind support (such as 
        providing a water supply) for the community garden for which 
        the entity receives funds under this section.''.

SEC. 204. PHYSICAL ACTIVITY GUIDELINES FOR AMERICANS.

    (a) Report.--
            (1) In general.--At least every 5 years, the Secretary of 
        Health and Human Services (in this Act referred to as the 
        ``Secretary'') shall publish a report entitled ``Physical 
        Activity Guidelines for Americans''. Each such report shall 
        contain physical activity information and guidelines for the 
        general public, and shall be promoted by each Federal agency in 
        carrying out any Federal health program.
            (2) Basis of guidelines.--The information and guidelines 
        contained in each report required under paragraph (1) shall be 
        based on the preponderance of the scientific and medical 
        knowledge which is current at the time the report is prepared, 
        and shall include guidelines for identified population 
        subgroups, including children, if the preponderance of 
        scientific and medical knowledge indicates those subgroups 
        require different levels of physical activity.
    (b) Approval by Secretary.--
            (1) Review.--Any Federal agency that proposes to issue any 
        physical activity guidance for the general population or 
        identified population subgroups shall submit the text of such 
        guidance to the Secretary for a 60-day review period.
            (2) Basis of review.--
                    (A) In general.--During the 60-day review period 
                established in paragraph (1), the Secretary shall 
                review and approve or disapprove such guidance to 
                assure that the guidance either is consistent with the 
                ``Physical Activity Guidelines for Americans'' or that 
                the guidance is based on medical or new scientific 
                knowledge which is determined to be valid by the 
                Secretary. If after such 60-day review period the 
                Secretary has not notified the proposing agency that 
                such guidance has been disapproved, then such guidance 
                may be issued by the agency. If the Secretary 
                disapproves such guidance, it shall be returned to the 
                agency. If the Secretary finds that such guidance is 
                inconsistent with the ``Physical Activity Guidelines 
                for Americans'' and so notifies the proposing agency, 
                such agency shall follow the procedures set forth in 
                this subsection before disseminating such proposal to 
                the public in final form. If after such 60-day period, 
                the Secretary disapproves such guidance as inconsistent 
                with the ``Physical Activity Guidelines for Americans'' 
                the proposing agency shall--
                            (i) publish a notice in the Federal 
                        Register of the availability of the full text 
                        of the proposal and the preamble of such 
                        proposal which shall explain the basis and 
                        purpose for the proposed physical activity 
                        guidance;
                            (ii) provide in such notice for a public 
                        comment period of 30 days; and
                            (iii) make available for public inspection 
                        and copying during normal business hours any 
                        comment received by the agency during such 
                        comment period.
                    (B) Review of comments.--After review of comments 
                received during the comment period, the Secretary may 
                approve for dissemination by the proposing agency a 
                final version of such physical activity guidance along 
                with an explanation of the basis and purpose for the 
                final guidance which addresses significant and 
                substantive comments as determined by the proposing 
                agency.
                    (C) Announcement.--Any such final physical activity 
                guidance to be disseminated under subparagraph (B) 
                shall be announced in a notice published in the Federal 
                Register, before public dissemination along with an 
                address where copies may be obtained.
                    (D) Notification of disapproval.--If after the 30-
                day period for comment as provided under subparagraph 
                (A)(ii), the Secretary disapproves a proposed physical 
                activity guidance, the Secretary shall notify the 
                Federal agency submitting such guidance of such 
                disapproval, and such guidance may not be issued, 
                except as provided in subparagraph (E).
                    (E) Review of disapproval.--If a proposed physical 
                activity guidance is disapproved by the Secretary under 
                subparagraph (D), the Federal agency proposing such 
                guidance may, within 15 days after receiving 
                notification of such disapproval under subparagraph 
                (D), request the Secretary to review such disapproval. 
                Within 15 days after receiving a request for such a 
                review, the Secretary shall conduct such review. If, 
                pursuant to such review, the Secretary approves such 
                proposed physical activity guidance, such guidance may 
                be issued by the Federal agency.
            (3) Definitions.--In this subsection:
                    (A) The term ``physical activity guidance for the 
                general population'' does not include any rule or 
                regulation issued by a Federal agency.
                    (B) The term ``identified population subgroups'' 
                shall include, but not be limited to, groups based on 
                factors such as age, sex, race, or physical disability.
    (c) Existing Authority Not Affected.--This section does not place 
any limitations on--
            (1) the conduct or support of any scientific or medical 
        research by any Federal agency; or
            (2) the presentation of any scientific or medical findings 
        or the exchange or review of scientific or medical information 
        by any Federal agency.

SEC. 205. TOBACCO TAXES PARITY.

    (a) Increase in Excise Tax on Small Cigarettes and Small Cigars.--
            (1) Section 5701(a)(1) of the Internal Revenue Code of 1986 
        is amended by striking ``$50.33'' and inserting ``$77.83''.
            (2) Section 5701(b)(1) of the Internal Revenue Code of 1986 
        is amended by striking ``$50.33'' and inserting ``$77.83''
    (b) Tax Parity for Pipe Tobacco and Roll-Your-Own Tobacco.--
            (1) Section 5701(f) of the Internal Revenue Code of 1986 is 
        amended by striking ``$2.8311 cents'' and inserting ``$38.32''.
            (2) Section 5701(g) of the Internal Revenue Code of 1986 is 
        amended by striking ``$24.78'' and inserting ``$38.32''.
    (c) Clarification of Definition of Small Cigars.--Paragraphs (1) 
and (2) of section 5701(a) of the Internal Revenue Code of 1986 are 
each amended by striking ``three pounds per thousand'' and inserting 
``four and one-half pounds per thousand''.
    (d) Clarification of Definition of Cigarette.--Paragraph (2) of 
section 5702(b) of the Internal Revenue Code of 1986 is amended by 
insert before the final period the following: ``, which includes any 
roll for smoking containing tobacco that weighs no more than four and a 
half pounds per thousand, unless it is wrapped in whole tobacco leaf 
and does not have a cellulose acetate or other cigarette-style 
filter''.
    (e) Tax Parity for Smokeless Tobacco.--
            (1) Section 5701(e) of the Internal Revenue Code of 1986 is 
        amended--
                    (A) in paragraph (1), by striking ``$1.51'' and 
                inserting ``$20.75'';
                    (B) in paragraph (2), by striking ``50.33 cents'' 
                and inserting ``$8.30''; and
                    (C) by adding at the end the following:
            ``(3) Smokeless tobacco sold in discrete single-use 
        units.--On discrete single-use units, $77.83 per each 1,000 
        single-use units.''.
            (2) Section 5702(m) of the Internal Revenue Code of 1986 is 
        amended--
                    (A) in paragraph (1), ``or chewing tobacco'' and 
                inserting ``chewing tobacco, discrete single-use 
                unit'';
                    (B) in paragraphs (2) and (3), by inserting ``that 
                is not a discrete single-use unit'' before the period 
                in each such paragraph;
                    (C) by adding at the end the following:
            ``(4) Discrete single-use unit.--The term `discrete single-
        use unit' means any product containing tobacco that--
                    ``(A) is intended or expected to be consumed 
                without being combusted; and
                    ``(B) is in the form of a lozenge, tablet, pill, 
                pouch, dissolvable strip, or other discrete single-use 
                or single-dose unit.''.
    (f) Clarifying Other Tobacco Tax Definitions.--
            (1) Tobacco product definition.--Section 5702(c) of the 
        Internal Revenue Code of 1986 is amended by inserting before 
        the period the following: ``, and any other product containing 
        tobacco that is intended or expected to be consumed''.
            (2) Cigarette paper definition.--Section 5702(e) of the 
        Internal Revenue Code of 1986 is amended by striking ``except 
        tobacco,'' and inserting ``or cigar''.
            (3) Cigarette tube definition.--Section 5702(f) of the 
        Internal Revenue Code of 1986 is amended by inserting before 
        the period ``or cigars''.
            (4) Importer definition.--Section 5702(k) of the Internal 
        Revenue Code of 1986 is amended by inserting ``or any other 
        tobacco product'' after ``cigars or cigarettes''.
    (g) Floor Stocks Taxes.--
            (1) Imposition of tax.--On tobacco products manufactured in 
        or imported into the United States which are removed before any 
        tax increase date and held on such date for sale by any person, 
        there is hereby imposed a tax in an amount equal to the excess 
        of--
                    (A) the tax which would be imposed under section 
                5701 of the Internal Revenue Code of 1986 on the 
                article if the article had been removed on such date, 
                over
                    (B) the prior tax (if any) imposed under section 
                5701 of such Code on such article.
            (2) Credit against tax.--Each person shall be allowed as a 
        credit against the taxes imposed by paragraph (1) an amount 
        equal to $500. Such credit shall not exceed the amount of taxes 
        imposed by paragraph (1) on such date for which such person is 
        liable.
            (3) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding tobacco 
                products on any tax increase date to which any tax 
                imposed by paragraph (1) applies shall be liable for 
                such tax.
                    (B) Method of payment.--The tax imposed by 
                paragraph (1) shall be paid in such manner as the 
                Secretary shall prescribe by regulations.
                    (C) Time for payment.--The tax imposed by paragraph 
                (1) shall be paid on or before the date that is 120 
                days after the effective date of the tax rate increase.
            (4) Articles in foreign trade zones.--Notwithstanding the 
        Act of June 18, 1934 (commonly known as the Foreign Trade Zone 
        Act, 48 Stat. 998, 19 U.S.C. 81a et seq.) or any other 
        provision of law, any article which is located in a foreign 
        trade zone on any tax increase date shall be subject to the tax 
        imposed by paragraph (1) if--
                    (A) internal revenue taxes have been determined, or 
                customs duties liquidated, with respect to such article 
                before such date pursuant to a request made under the 
                1st proviso of section 3(a) of such Act, or
                    (B) such article is held on such date under the 
                supervision of an officer of the United States Customs 
                and Border Protection of the Department of Homeland 
                Security pursuant to the 2d proviso of such section 
                3(a).
            (5) Definitions.--For purposes of this subsection--
                    (A) In general.--Any term used in this subsection 
                which is also used in section 5702 of such Code shall 
                have the same meaning as such term has in such section.
                    (B) Tax increase date.--The term ``tax increase 
                date'' means the effective date of any increase in any 
                tobacco product excise tax rate pursuant to the 
                amendments made by this section.
                    (C) Secretary.--The term ``Secretary'' means the 
                Secretary of the Treasury or the Secretary's delegate.
            (6) Controlled groups.--Rules similar to the rules of 
        section 5061(e)(3) of such Code shall apply for purposes of 
        this subsection.
            (7) Other laws applicable.--All provisions of law, 
        including penalties, applicable with respect to the taxes 
        imposed by section 5701 of such Code shall, insofar as 
        applicable and not inconsistent with the provisions of this 
        subsection, apply to the floor stocks taxes imposed by 
        paragraph (1), to the same extent as if such taxes were imposed 
        by such section 5701. The Secretary may treat any person who 
        bore the ultimate burden of the tax imposed by paragraph (1) as 
        the person to whom a credit or refund under such provisions may 
        be allowed or made.
    (h) Effective Date.--The amendments made by this section shall 
apply to articles removed (as defined in section 5702(j) of the 
Internal Revenue Code of 1986) after December 31, 2010.

SEC. 206. LEVERAGING AND COORDINATING FEDERAL RESOURCES FOR IMPROVED 
              HEALTH.

    (a) Health Impacts of Non-Health Legislation.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the National Prevention, Health 
        Promotion and Public Health Council, shall enter into a 
        contract with the Institute of Medicine of the National Academy 
        of Sciences for the conduct of a study to assess the potential 
        health impacts of major non-health related legislation that is 
        likely to be considered by Congress within a year of completion 
        of the study. Such study shall identify the ways in which such 
        legislation involved is likely to impact the health of 
        Americans and shall contain recommendations to Congress on ways 
        to maximize the positive health impacts and minimize the 
        negative health impacts.
            (2) Timing.--The timing of the study under paragraph (1) 
        shall be provide for in a manner that ensures that the results 
        of the study will be available at least 3 months prior to the 
        consideration of the legislation involved by Congress.
            (3) Guidelines.--To the extent practicable, the Council 
        under paragraph (1) shall ensure that the study conducted under 
        this subsection complies with the consensus guidelines on how 
        to carry out a health impact assessment, including stakeholder 
        engagement guidelines, such as the HIA of the Americas Practice 
        Guidelines and guidelines promulgated by the World Health 
        Organization and other consensus bodies.
            (4) Report.--Upon completion of the study under this 
        subsection, the Institute of Medicine shall submit to the 
        Council under paragraph (1), and make available to the general 
        public, a report that--
                    (A) summarizes the direct, indirect, and cumulative 
                health impacts identified in the assessment; and
                    (B) contains recommendations for how to maximize 
                positive health impacts and minimize negative health 
                impacts of the legislation involved.
            (5) Type of legislation.--For purposes of this subsection, 
        the term ``non-health related legislation'' shall have the 
        meaning given such term by the Council under paragraph (1), and 
        shall include legislation that is likely to have impacts on the 
        health of Americans where such impacts are not likely to be 
        considered by Congress to the extent required by their scope 
        without the conduct of an assessment under this subsection. 
        Examples of major non-health related legislation that could be 
        the subject of the study include reauthorizations of the Safe, 
        Accountable, Flexible, Efficient Transportation Equity Act: A 
        Legacy for Users (SAFETEA-LU; Public Law 109-59), the Food, 
        Conservation, and Energy Act of 2008 (Public Law 110-246), and 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6301 et seq.).
    (b) Improving Health Impacts of Federal Agency Activities.--
            (1) In general.--The Secretary, acting through the Director 
        of the Centers for Disease Control and Prevention and in 
        coordination with the National Prevention, Health Promotion and 
        Public Health Council, shall detail employees of the Department 
        of Health and Human Services to policy and program planning 
        offices of other Federal departments and agencies, including 
        the Department of Transportation, the Department of Housing and 
        Urban Development, the Department of Agriculture, the 
        Department of Education, and the Department of the Interior, in 
        order to assist those departments and agencies to consider the 
        impacts of their activities on the health of the populations 
        served and to assist with the integration of health goals into 
        the activities of the departments and agencies, as appropriate.
            (2) Duties.--Employees detailed under paragraph (1) shall 
        assist with assessments of the potential impacts of the 
        programs and activities of the department or agency involved on 
        the health and well-being of the populations served, the 
        development of metrics and performance standards that can be 
        incorporated, as appropriate, into the activities, performance 
        measurements, and grant and contract standards of the 
        department or agency, and the development of the report 
        detailed in paragraph (3).
            (3) Reports.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, each department 
        and agency with a detailee under this section shall submit to 
        the National Prevention, Health Promotion and Public Health 
        Council, the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Energy and Commerce 
        of the House of Representatives a report detailing the health 
        impacts of the department or agency's activities and any plans 
        to improve those impacts.

            Subtitle B--Incentives for a Healthier Workforce

SEC. 211. TAX CREDIT TO EMPLOYERS FOR COSTS OF IMPLEMENTING WELLNESS 
              PROGRAMS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following:

``SEC. 45S. WELLNESS PROGRAM CREDIT.

    ``(a) Allowance of Credit.--
            ``(1) In general.--For purposes of section 38, the wellness 
        program credit determined under this section for any taxable 
        year during the credit period with respect to an employer is an 
        amount equal to 50 percent of the costs paid or incurred by the 
        employer in connection with a qualified wellness program during 
        the taxable year.
            ``(2) Limitation.--The amount of credit allowed under 
        paragraph (1) for any taxable year shall not exceed the sum 
        of--
                    ``(A) the product of $200 and the number of 
                employees of the employer not in excess of 200 
                employees, plus
                    ``(B) the product of $100 and the number of 
                employees of the employer in excess of 200 employees.
    ``(b) Qualified Wellness Program.--For purposes of this section--
            ``(1) Qualified wellness program.--The term `qualified 
        wellness program' means a program which--
                    ``(A) consists of any 3 of the wellness program 
                components described in subsection (c), and
                    ``(B) which is certified by the Secretary of Health 
                and Human Services, in consultation with the Secretary 
                of the Treasury and Secretary of Labor, as a qualified 
                wellness program under this section.
            ``(2) Programs must be consistent with research and best 
        practices.--
                    ``(A) In general.--The Secretary of Health and 
                Human Services shall not certify a program as a 
                qualified wellness program unless the program--
                            ``(i) is consistent with evidence-based 
                        research and best practices, as identified by 
                        persons with expertise in employer health 
                        promotion and wellness programs,
                            ``(ii) includes multiple, evidence-based 
                        strategies which are based on the existing and 
                        emerging research and careful scientific 
                        reviews, including the Guide to Community 
                        Preventive Services, the Guide to Clinical 
                        Preventive Services, and the National Registry 
                        for Effective Programs, and
                            ``(iii) includes strategies which focus on 
                        employee populations with a disproportionate 
                        burden of health problems.
                    ``(B) Periodic updating and review.--The Secretary 
                of Health and Human Services shall establish procedures 
                for periodic review and recertifications of programs 
                under this subsection. Such procedures shall require 
                revisions of programs if necessary to ensure compliance 
                with the requirements of this section and require 
                updating of the programs to the extent the Secretary, 
                in consultation with the Secretary of the Treasury and 
                the Secretary of Labor, determines necessary to reflect 
                new scientific findings.
            ``(3) Health literacy.--The Secretary of Health and Human 
        Services shall, as part of the certification process, encourage 
        employers to make the programs culturally competent and to meet 
        the health literacy needs of the employees covered by the 
        programs.
    ``(c) Wellness Program Components.--For purposes of this section, 
the wellness program components described in this subsection are the 
following:
            ``(1) Health awareness component.--A health awareness 
        component which provides for the following:
                    ``(A) Health education.--The dissemination of 
                health information which addresses the specific needs 
                and health risks of employees.
                    ``(B) Health screenings.--The opportunity for 
                periodic screenings for health problems and referrals 
                for appropriate follow up measures.
            ``(2) Employee engagement component.--An employee 
        engagement component which provides for--
                    ``(A) the establishment of a committee to actively 
                engage employees in worksite wellness programs through 
                worksite assessments and program planning, delivery, 
                evaluation, and improvement efforts, and
                    ``(B) the tracking of employee participation.
            ``(3) Behavioral change component.--A behavioral change 
        component which provides for altering employee lifestyles to 
        encourage healthy living through counseling, seminars, on-line 
        programs, or self-help materials which provide technical 
        assistance and problem solving skills. Such component may 
        include programs relating to--
                    ``(A) tobacco use,
                    ``(B) overweight and obesity,
                    ``(C) stress management,
                    ``(D) physical activity,
                    ``(E) nutrition,
                    ``(F) substance abuse,
                    ``(G) depression, and
                    ``(H) mental health promotion (including anxiety).
            ``(4) Supportive environment component.--A supportive 
        environment component which includes the following:
                    ``(A) On-site policies.--Policies and services at 
                the worksite which promote a healthy lifestyle, 
                including policies relating to--
                            ``(i) tobacco use at the worksite,
                            ``(ii) the nutrition of food available at 
                        the worksite through cafeterias and vending 
                        options,
                            ``(iii) minimizing stress and promoting 
                        positive mental health in the workplace,
                            ``(iv) where applicable, accessible and 
                        attractive stairs, and
                            ``(v) the encouragement of physical 
                        activity before, during, and after work hours.
                    ``(B) Participation incentives.--
                            ``(i) In general.--Qualified incentive 
                        benefits for each employee who participates in 
                        the health screenings described in paragraph 
                        (1)(B) or the behavioral change programs 
                        described in paragraph (3).
                            ``(ii) Qualified incentive benefit.--For 
                        purposes of clause (i), the term `qualified 
                        incentive benefit' means any benefit which is 
                        approved by the Secretary of Health and Human 
                        Services, in consultation with the Secretary of 
                        the Treasury and the Secretary of Labor. Such 
                        benefit may include an adjustment in health 
                        insurance premiums or co-pays.
                    ``(C) Employee input.--The opportunity for 
                employees to participate in the management of any 
                qualified wellness program to which this section 
                applies.
    ``(d) Participation Requirement.--
            ``(1) In general.--No credit shall be allowed under 
        subsection (a) unless the Secretary of Health and Human 
        Services, in consultation with the Secretary of the Treasury 
        and Secretary of Labor, as a part of any certification 
        described in subsection (b), that each wellness program 
        component of the qualified wellness program applies to all 
        qualified employees of the employer. The Secretary of Health 
        and Human Services shall prescribe rules under which an 
        employer shall not be treated as failing to meet the 
        requirements of this subsection merely because the employer 
        provides specialized programs for employees with specific 
        health needs or unusual employment requirements or provides a 
        pilot program to test new wellness strategies.
            ``(2) Qualified employee.--For purposes of paragraph (1), 
        the term `qualified employee' means an employee who works an 
        average of not less than 25 hours per week during the taxable 
        year.
    ``(e) Other Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Employee and employer.--
                    ``(A) Partners and partnerships.--The term 
                `employee' includes a partner and the term `employer' 
                includes a partnership.
                    ``(B) Certain rules to apply.--Rules similar to the 
                rules of section 52 shall apply.
            ``(2) Certain costs not included.--Costs paid or incurred 
        by an employer for food or health insurance shall not be taken 
        into account under subsection (a).
            ``(3) No credit where grant awarded.--No credit shall be 
        allowable under subsection (a) with respect to any qualified 
        wellness program of any taxpayer (other than an eligible 
        employer described in subsection (f)(2)(A)) who receives a 
        grant provided by the United States, a State, or a political 
        subdivision of a State for use in connection with such program. 
        The Secretary shall prescribe rules providing for the waiver of 
        this paragraph with respect to any grant which does not 
        constitute a significant portion of the funding for the 
        qualified wellness program.
            ``(4) Credit period.--
                    ``(A) In general.--The term `credit period' means 
                the period of 10 consecutive taxable years beginning 
                with the taxable year in which the qualified wellness 
                program is first certified under this section.
                    ``(B) Special rule for existing programs.--In the 
                case of an employer (or predecessor) which operates a 
                wellness program for its employees on the date of the 
                enactment of this section, subparagraph (A) shall be 
                applied by substituting `3 consecutive taxable years' 
                for `10 consecutive taxable years'. The Secretary shall 
                prescribe rules under which this subsection shall not 
                apply if an employer is required to make substantial 
                modifications in the existing wellness program in order 
                to qualify such program for certification as a 
                qualified wellness program.
                    ``(C) Controlled groups.--For purposes of this 
                paragraph, all persons treated as a single employer 
                under subsection (b), (c), (m), or (o) of section 414 
                shall be treated as a single employer.
    ``(f) Portion of Credit Made Refundable.--
            ``(1) In general.--In the case of an eligible employer of 
        an employee, the aggregate credits allowed to a taxpayer under 
        subpart C shall be increased by the lesser of--
                    ``(A) the credit which would be allowed under this 
                section without regard to this subsection and the 
                limitation under section 38(c), or
                    ``(B) the amount by which the aggregate amount of 
                credits allowed by this subpart (determined without 
                regard to this subsection) would increase if the 
                limitation imposed by section 38(c) for any taxable 
                year were increased by the amount of employer payroll 
                taxes imposed on the taxpayer during the calendar year 
                in which the taxable year begins.
        The amount of the credit allowed under this subsection shall 
        not be treated as a credit allowed under this subpart and shall 
        reduce the amount of the credit otherwise allowable under 
        subsection (a) without regard to section 38(c).
            ``(2) Eligible employer.--For purposes of this subsection, 
        the term `eligible employer' means an employer which is--
                    ``(A) a State or political subdivision thereof, the 
                District of Columbia, a possession of the United 
                States, or an agency or instrumentality of any of the 
                foregoing, or
                    ``(B) any organization described in section 501(c) 
                of the Internal Revenue Code of 1986 which is exempt 
                from taxation under section 501(a) of such Code.
            ``(3) Employer payroll taxes.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `employer payroll 
                taxes' means the taxes imposed by--
                            ``(i) section 3111(b), and
                            ``(ii) sections 3211(a) and 3221(a) 
                        (determined at a rate equal to the rate under 
                        section 3111(b)).
                    ``(B) Special rule.--A rule similar to the rule of 
                section 24(d)(2)(C) shall apply for purposes of 
                subparagraph (A).
    ``(g) Termination.--This section shall not apply to any amount paid 
or incurred after December 31, 2017.''.
    (b) Treatment as General Business Credit.--Subsection (b) of 
section 38 of the Internal Revenue Code of 1986 is amended by striking 
``plus'' at the end of paragraph (35), by striking the period at the 
end of paragraph (36) and inserting ``, plus'', and by adding at the 
end the following:
            ``(37) the wellness program credit determined under section 
        45S.''.
    (c) Denial of Double Benefit.--Section 280C of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new 
subsection:
    ``(j) Wellness Program Credit.--
            ``(1) In general.--No deduction shall be allowed for that 
        portion of the costs paid or incurred for a qualified wellness 
        program (within the meaning of section 45S) allowable as a 
        deduction for the taxable year which is equal to the amount of 
        the credit allowable for the taxable year under section 45S.
            ``(2) Similar rule where taxpayer capitalizes rather than 
        deducts expenses.--If--
                    ``(A) the amount of the credit determined for the 
                taxable year under section 45S, exceeds
                    ``(B) the amount allowable as a deduction for such 
                taxable year for a qualified wellness program,
        the amount chargeable to capital account for the taxable year 
        for such expenses shall be reduced by the amount of such 
        excess.
            ``(3) Controlled groups.--In the case of a corporation 
        which is a member of a controlled group of corporations (within 
        the meaning of section 41(f)(5)) or a trade or business which 
        is treated as being under common control with other trades or 
        business (within the meaning of section 41(f)(1)(B)), this 
        subsection shall be applied under rules prescribed by the 
        Secretary similar to the rules applicable under subparagraphs 
        (A) and (B) of section 41(f)(1).''.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following:

``Sec. 45S. Wellness program credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of enactment of this 
Act.
    (f) Outreach.--
            (1) In general.--The Secretary of the Treasury, in 
        conjunction with the Director of the Centers for Disease 
        Control and members of the business community, shall institute 
        an outreach program to inform businesses about the availability 
        of the wellness program credit under section 45S of the 
        Internal Revenue Code of 1986 as well as to educate businesses 
        on how to develop programs according to recognized and 
        promising practices and on how to measure the success of 
        implemented programs.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out the 
        outreach program described in paragraph (1).

SEC. 212. EMPLOYER-PROVIDED OFF-PREMISES ATHLETIC FACILITIES.

    (a) Treatment as Fringe Benefit.--Subparagraph (A) of section 
132(j)(4) of the Internal Revenue Code of 1986 is amended to read as 
follows:
                    ``(A) In general.--Gross income shall not include--
                            ``(i) the value of any on-premises athletic 
                        facility provided by an employer to its 
                        employees, and
                            ``(ii) so much of the fees, dues, or 
                        membership expenses paid by an employer to an 
                        athletic or fitness facility described in 
                        subparagraph (C) on behalf of its employees as 
                        does not exceed $900 per employee per year.''.
    (b) Athletic Facilities Described.--Paragraph (4) of section 132(j) 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new subparagraph:
                    ``(C) Certain athletic or fitness facilities 
                described.--For purposes of subparagraph (A)(ii), an 
                athletic or fitness facility described in this 
                subparagraph is a facility--
                            ``(i) which provides instruction in a 
                        program of physical exercise, offers facilities 
                        for the preservation, maintenance, 
                        encouragement, or development of physical 
                        fitness, or is the site of such a program of a 
                        State or local government,
                            ``(ii) which is not a private club owned 
                        and operated by its members,
                            ``(iii) which does not offer golf, hunting, 
                        sailing, or riding facilities,
                            ``(iv) whose health or fitness facility is 
                        not incidental to its overall function and 
                        purpose, and
                            ``(v) which is fully compliant with the 
                        State of jurisdiction and Federal anti-
                        discrimination laws.''.
    (c) Exclusion Applies to Highly Compensated Employees Only If No 
Discrimination.--Section 132(j)(1) of the Internal Revenue Code of 1986 
is amended--
            (1) by striking ``Paragraphs (1) and (2) of subsection 
        (a)'' and inserting ``Subsections (a)(1), (a)(2), and (j)(4)'', 
        and
            (2) by striking the heading thereof through ``apply'' and 
        inserting ``Certain exclusions apply''.
    (d) Employer Deduction for Dues to Certain Athletic Facilities.--
            (1) In general.--Paragraph (3) of section 274(a) of the 
        Internal Revenue Code of 1986 is amended by adding at the end 
        the following new sentence: ``The preceding sentence shall not 
        apply to so much of the fees, dues, or membership expenses paid 
        to athletic or fitness facilities (within the meaning of 
        section 132(j)(4)(C)) as does not exceed $900 per employee per 
        year.''.
            (2) Conforming amendment.--The last sentence of section 
        274(e)(4) of such Code is amended by inserting ``the first 
        sentence of'' before ``subsection (a)(3)''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 213. TASK FORCE FOR THE PROMOTION OF BREASTFEEDING IN THE 
              WORKPLACE.

    (a) Establishment.--The Secretary of Health and Human Services and 
the Secretary of Labor, or their designees, shall convene a task force 
for the purpose of promoting breastfeeding among working mothers 
(referred to in this section as the ``Task Force'').
    (b) Membership.--The Task Force shall be composed of members who 
are--
            (1) expert staff from the Department of Labor with 
        expertise in workforce issues;
            (2) expert staff from the Department of Health and Human 
        Services with expertise in the areas of breastfeeding and 
        breastfeeding promotion;
            (3) members of the United States Breastfeeding Committee;
            (4) expert staff from the Department of Agriculture; and
            (5) appointed by the Secretary of Health and Human Services 
        and the Secretary of Labor, including--
                    (A) working mothers who have experience in working 
                and breastfeeding; and
                    (B) representatives of the human resource 
                departments of both large and small employers that have 
                successfully promoted breastfeeding and breastmilk 
                pumping support at work.
    (c) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Task Force. Any vacancy in the Task Force shall not 
affects its powers, but shall be filled in the same manner as the 
original appointment.
    (d) Chair.--The Task Force shall be chaired jointly by the 
Secretary of Health and Human Services and the Secretary of Labor, or 
their designees.
    (e) Duties of the Task Force.--
            (1) Examination.--Consistent with the Department of Health 
        and Human Services Blueprint for Action on Breastfeeding 
        (2000), the Task Force shall examine the following issues:
                    (A) The challenges that mothers face with 
                continuing breastfeeding when the mothers return to 
                work after giving birth.
                    (B) The challenges that employers face in 
                accommodating mothers who seek to continue to 
                breastfeed or to express milk when the mothers re-enter 
                the workforce, including different challenges that 
                mothers of varying socio-economic status and in 
                different professions may face.
                    (C) The benefits that accrue to mothers, babies, 
                and to employers when mothers are able to continue to 
                breastfeed or to express breastmilk at work after the 
                mothers have re-entered the workforce.
                    (D) Federal and State statutes that may have the 
                effect of reducing breastfeeding and breastfeeding 
                retention rates among working mothers.
            (2) Reports.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this section, the Task Force shall 
                issue a public report with recommendations on the 
                following:
                            (i) Steps that can be taken to promote 
                        breastfeeding among working mothers and to 
                        remove barriers to breastfeeding among working 
                        mothers.
                            (ii) Potential ways in which the Federal 
                        Government can work with employers to promote 
                        breastfeeding among working mothers.
                            (iii) Areas in which changes to existing 
                        Federal, State, or local laws would likely have 
                        the effect of making it easier for working 
                        mothers to breastfeed or would remove 
                        impediments to breastfeeding that currently 
                        exist in such laws.
                            (iv) Whether or not increased rates of 
                        breastfeeding among working mothers would 
                        likely have the result of reducing health care 
                        costs among such mothers and their children, 
                        and, in particular, whether increased rates of 
                        breastfeeding would be likely to result in 
                        lower Federal expenditures on health care for 
                        such mothers and their children.
                            (v) Areas in which the Federal Government, 
                        through increased efforts by Federal agencies, 
                        or changes to existing Federal law, can and 
                        should increase the Federal Government's 
                        efforts to promote breastfeeding among working 
                        mothers.
                    (B) Copy to congress.--Upon completion of the 
                report described in subparagraph (A), the Task Force 
                shall submit a copy of the report to the Committee on 
                Health, Education, Labor, and Pensions of the Senate, 
                the Committee on Appropriations of the Senate, the 
                Committee on Education and the Workforce of the House 
                of Representatives, and the Committee on Appropriations 
                of the House of Representatives.
    (f) Powers of the Task Force.--
            (1) Hearings.--The Task Force may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Task Force considers advisable to 
        carry out this section.
            (2) Information from federal agencies.--The Task Force may 
        secure directly from any Federal department or agency such 
        information as the Task Force considers necessary to carry out 
        this section. Upon request of the Chair of the Task Force, the 
        head of such department or agency shall furnish such 
        information to the Task Force.
            (3) Postal services.--The Task Force may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
            (4) Donations.--The Task Force may accept, use, and dispose 
        of donations of services or property.
    (g) Operating Expenses.--The operating expenses of the Task Force, 
including travel expenses for members of the Task Force, shall be paid 
for from the general operating expenses funds of the Secretary of 
Health and Human Services and the Secretary of Labor.

SEC. 214. IMPROVING HEALTHY EATING AND ACTIVE LIVING OPTIONS IN FEDERAL 
              WORKPLACES.

    (a) Menu Labeling in Federal Food Establishments.--
            (1) In general.--
                    (A) Executive and judicial buildings.--Section 
                403(q) of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 343(q)) is amended by adding at the end the 
                following:
    ``(6)(A) The requirements of subparagraph (5)(H) shall apply--
            ``(i) to a restaurant or similar retail food establishment 
        located in a Federal building in the same manner as such 
        subparagraph applies to a restaurant or similar retail food 
        establishment that is part of a chain with 20 or more 
        locations, as described in subparagraph (5)(H)(i); and
            ``(ii) to a person that operates a vending machine located 
        in a Federal building in the same manner as such subparagraph 
        applies to a person who is engaged in the business of owning or 
        operating 20 or more vending machines, as described in 
        subparagraph (5)(H)(viii).
    ``(B) In this subparagraph, the term `Federal building' means a 
building that is--
            ``(i) under the control of the Federal agency (as defined 
        in section 102 of title 40, United States Code);
            ``(ii) owned by the Federal Government; and
            ``(iii) located in a State, the District of Columbia, 
        Puerto Rico, or a territory or possession of the United 
        States.''.
                    (B) Applicability.--The requirement in the 
                amendment made by paragraph (1) shall apply to 
                restaurants or similar retail food establishments and 
                vending machines located in a Federal building 
                beginning 12 months after the date of enactment of this 
                Act.
            (2) Congressional buildings.--The Architect of the Capitol, 
        in coordination with the Committee on Rules and Administration 
        of the Senate and the Committee on House Administration of the 
        House of Representatives, shall establish a program to apply 
        the requirements of section 403(q)(5)(H) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) (as amended by 
        paragraph (1)) to--
                    (A) food that is served in restaurants or other 
                similar retail food establishments that are located in 
                Congressional buildings and installations;
                    (B) food that is sold through vending machines that 
                are operated in Congressional buildings and 
                installations; and
                    (C) food that is served to individuals within 
                Congressional buildings and installations pursuant to a 
                contract with a private entity.
    (b) Nutritional Standards for Food in Federal Buildings.--
            (1) Executive and judicial buildings.--Subchapter V of 
        chapter 5 of subtitle I of title 40, United States Code, is 
        amended by adding at the end the following:

``SEC. 594. NUTRITIONAL STANDARDS FOR FOOD IN FEDERAL BUILDINGS.

    ``(a) In General.--The Administrator of General Services, in 
consultation with the Secretary of Health and Human Services, shall 
establish, by regulation, nutritional standards for all food products 
provided at Federal buildings and installations (including food 
products provided by contractors or vending machines).
    ``(b) Use of Amounts.--Amounts appropriated to an executive agency 
for installation, repair, and maintenance, generally, may be used to 
achieve compliance with the regulations promulgated pursuant to this 
section.
    ``(c) Liability.--Nothing in this section increases or enlarges the 
tort liability of the Federal Government for any injury to an 
individual or damage to property.''.
            (2) Congressional buildings.--The Architect of the Capitol, 
        in coordination with the Committee on Rules and Administration 
        of the Senate and the Committee on House Administration of the 
        House of Representatives shall establish nutritional standards 
        for all food products provided at Congressional buildings and 
        installations (including food products provided by contractors 
        or vending machines).
    (c) Encouragement of Use of Stairs.--
            (1) Executive and judicial buildings.--Subchapter V of 
        chapter 5 of subtitle I of title 40, United States Code, as 
        amended by subsection (b), is further amended by adding at the 
        end the following:

``SEC. 595. ENCOURAGEMENT OF USE OF STAIRS.

    ``(a) In General.--Each Federal agency shall install point-of-
decision prompts encouraging individuals to use stairs wherever 
practicable at each relevant building and installation that is--
            ``(1) under the control of the Federal agency;
            ``(2) owned by the Federal Government; and
            ``(3) located in a State, the District of Columbia, Puerto 
        Rico, or a territory or possession of the United States.
    ``(b) Reimbursement.--Subsection (a) may be carried out by--
            ``(1) reimbursement to a State or political subdivision of 
        a State, the District of Columbia, Puerto Rico, or a territory 
        or possession of the United States; or
            ``(2) a means other than reimbursement.
    ``(c) Regulations.--Subsection (a) shall be carried out in 
accordance with such regulations as the Administrator of General 
Services may promulgate, with the approval of the Director of the 
Office of Management and Budget.
    ``(d) Use of Amounts.--Amounts appropriated to a Federal agency for 
installation, repair, and maintenance, generally, shall be available to 
carry out this section.
    ``(e) Liability.--Nothing in this section increases or enlarges the 
tort liability of the Federal Government for any injury to an 
individual or damage to property.''.
            (2) Congressional buildings.--The Architect of the Capitol 
        shall implement a program to install point-of-decision prompts 
        encouraging individuals to use stairs wherever practicable in 
        Congressional buildings and installations in the same manner as 
        established under section 595 of title 40, United States Code 
        (as added by paragraph (1)).
    (d) Accommodations for Bicycle Commuters.--
            (1) Executive and judicial federal buildings.--Subchapter V 
        of chapter 5 of subtitle I of title 40, United States Code, as 
        amended by subsection (c), is further amended by adding at the 
        end the following:

``SEC. 596. ACCOMMODATIONS FOR BICYCLE COMMUTERS.

    ``(a) In General.--Each Federal agency shall install and maintain a 
bicycle storage area and equipment (such as a bicycle rack) and a 
shower for bicycle commuters at each relevant parking structure that 
is--
            ``(1) under the control of the Federal agency;
            ``(2) owned by the Federal Government; and
            ``(3) located in a State, the District of Columbia, Puerto 
        Rico, or a territory or possession of the United States.
    ``(b) Reimbursement.--Subsection (a) may be carried out by--
            ``(1) reimbursement to a State or political subdivision of 
        a State, the District of Columbia, Puerto Rico, or a territory 
        or possession of the United States; or
            ``(2) a means other than reimbursement.
    ``(c) Regulations.--Subsection (a) shall be carried out in 
accordance with such regulations as the Administrator of General 
Services may promulgate, with the approval of the Director of the 
Office of Management and Budget.
    ``(d) Use of Amounts.--Amounts appropriated to a Federal agency for 
installation, repair, and maintenance, generally, shall be available to 
carry out this section.
    ``(e) Liability.--Nothing in this section increases or enlarges the 
tort liability of the Federal Government for any injury to an 
individual or damage to property.''.
            (2) Congressional buildings.--The Architect of the Capitol, 
        in coordination with the Sergeant at Arms and Doorkeeper of the 
        Senate, the Sergeant at Arms of the House of Representatives, 
        and the United States Capitol Police, shall implement, within 
        their respective jurisdictions, a program to make 
        accommodations for bicycle commuters on the United States 
        Capitol complex in the same manner as established under section 
        596 of title 40, United States Code (as added by paragraph 
        (1)).

        TITLE III--RESPONSIBLE MARKETING AND CONSUMER AWARENESS

SEC. 301. GUIDELINES FOR REDUCTION IN SODIUM CONTENT IN CERTAIN FOODS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
promulgate regulations establishing guidelines for the reduction, over 
a 2 year period, in the sodium content of processed food and restaurant 
food following, as appropriate, the recommendations made by the 
Institute of Medicine report entitled ``Strategies to Reduce Sodium 
Intake in the United States''.
    (b) Definitions.--For purposes of this section--
            (1) the term ``processed food'' has the meaning given such 
        term in section 201(gg) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 321(gg)); and
            (2) the term ``restaurant food'' means food subject to the 
        requirements of section 403(q)(5)(H) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 343(q)(5)(H)).

SEC. 302. NUTRITION LABELING FOR FOOD PRODUCTS SOLD PRINCIPALLY FOR USE 
              IN RESTAURANTS OR OTHER RETAIL FOOD ESTABLISHMENTS.

    Section 403(q)(5) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 343(q)(5)) is amended by striking clause (G).

SEC. 303. FRONT-LABEL FOOD GUIDANCE SYSTEMS.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall begin 
soliciting public comments regarding--
            (1) the use of retail front-label food guidance systems to 
        convey nutrition information to the public using logos, 
        symbols, signs, emblems, insignia, or other graphic 
        representations on the labeling of food intended for human 
        consumption that are intended to provide simple, standardized, 
        and understandable nutrition information to the public in 
        graphic form;
            (2) appropriate nutrition standards by which a retail 
        front-label food guidance system may convey the relative 
        nutritional value of different foods in simple graphic form; 
        and
            (3) whether American consumers would be better served by 
        establishing a single, standardized retail front-label food 
        guidance system regulated by the Food and Drug Administration, 
        or by allowing individual food companies, trade associations, 
        nonprofit organizations, and others to continue to develop 
        their own retail front-label food guidance systems.
    (b) Effect on Nutrition Facts Panel.--In soliciting public comments 
under subsection (a), the Secretary shall inform the public that any 
retail front-label food guidance system is intended to supplement, not 
replace, the Nutrition Facts Panel that appears on food labels pursuant 
to section 403(q) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 343(q)).
    (c) Proposed Regulation.--Not later than 12 months following the 
closure of the public comment solicitation period under subsection (a), 
the Secretary shall--
            (1) publish a notice in the Federal Register that 
        summarizes the public comments and describes the suggested 
        retail front-label food guidance systems received through such 
        solicitation; and
            (2) publish proposed regulations that--
                    (A) establish a single, standardized retail front-
                label food guidance system; or
                    (B) establish the conditions under which individual 
                food companies, trade associations, nonprofit 
                organizations, and other entities may continue to 
                develop their own retail front-label food guidance 
                systems.

SEC. 304. RULEMAKING AUTHORITY FOR ADVERTISING TO CHILDREN.

    (a) Purpose.--The purpose of this section is to restore the 
authority of the Federal Trade Commission to issue regulations that 
restrict the marketing or advertising of foods and beverages to 
children under the age of 18 years if the Federal Trade Commission 
determines that there is evidence that consumption of certain foods and 
beverages is detrimental to the health of children.
    (b) Authority.--Section 18 of the Federal Trade Commission Act (15 
U.S.C. 57a) is amended--
            (1) in subsection (a), by striking ``Except as provided in 
        subsection (h), the'' and inserting ``The'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Procedure Applicable.--When prescribing a rule under 
subsection (a)(1)(B) of this section, the Commission shall proceed in 
accordance with section 553 of title 5 (without regard to any reference 
in such section to sections 556 and 557 of such title).'';
            (3) by striking subsections (c), (f), (h), (i), and (j);
            (4) by striking subsection (d) and inserting the following:
    ``(c) When any rule under subsection (a)(1)(B) takes effect a 
subsequent violation thereof shall constitute an unfair or deceptive 
act or practice in violation of section 5(a)(1) of this Act, unless the 
Commission otherwise expressly provides in such rule.'';
            (5) by redesignating subsections (e) and (g) as subsections 
        (d) and (e), respectively; and
            (6) in subsection (d), as redesignated--
                    (A) in paragraph (1)(B), by striking ``the 
                transcript required by subsection (c)(5),'';
                    (B) in paragraph (3), by striking ``error)'' and 
                all that follows through the period at the end and 
                inserting ``error).''; and
                    (C) in paragraph (5), by striking subparagraph (C).

SEC. 305. HEALTH LITERACY: RESEARCH, COORDINATION AND DISSEMINATION.

    (a) In General.--Part A of title IX of the Public Health Service 
Act (42 U.S.C. 299 et seq.) is amended by adding at the end the 
following:

``SEC. 904. HEALTH LITERACY: RESEARCH, COORDINATION AND DISSEMINATION.

    ``(a) Definition.--In this section, the term `health literacy' 
means a consumer's ability to obtain, process, and understand basic 
health information and services needed to make appropriate health care 
decisions and the adaptation of services to enhance a consumer's 
understanding and navigation of applicable health care services.
    ``(b) Health Literacy Program.--
            ``(1) Establishment.--The Director shall establish within 
        the Agency a program (referred to in this section as the 
        `program') to strengthen health literacy by improving 
        measurement, research, development, and information 
        dissemination.
            ``(2) Duties.--In carrying out the program, the Director 
        shall--
                    ``(A) gather health literacy resources from public 
                and private sources and make such resources available 
                to researchers, health care providers, and the general 
                public;
                    ``(B) identify and fill research gaps relating to 
                health literacy that have direct applicability to--
                            ``(i) prevention;
                            ``(ii) self-management of chronic disease;
                            ``(iii) quality improvement;
                            ``(iv) the barriers to health literacy;
                            ``(v) relationships between health literacy 
                        and health disparities, particularly with 
                        respect to language and cultural competency; 
                        and
                            ``(vi) the utilization of information on 
                        comparative effectiveness of health treatments;
                    ``(C) sponsor demonstration and evaluation projects 
                with respect to interventions and tools designed to 
                strengthen health literacy, including projects focused 
                on--
                            ``(i) the provision of simplified, patient-
                        centered written materials;
                            ``(ii) technology-based communication 
                        techniques;
                            ``(iii) consumer navigation services; and
                            ``(iv) the training of health professional 
                        providers;
                    ``(D) give preference to health literacy 
                initiatives that--
                            ``(i) focus on the particular needs of 
                        vulnerable populations such as the elderly, 
                        racial and ethnic minorities, children, 
                        individuals with limited English proficiency, 
                        and individuals with disabilities; and
                            ``(ii) partner with institutions in the 
                        community such as schools, libraries, senior 
                        centers, literacy groups, recreation centers, 
                        early childhood education centers, area health 
                        education centers, and public assistance 
                        programs;
                    ``(E) assist appropriate Federal agencies in 
                establishing specific objectives and strategies for 
                carrying out the program, in monitoring the programs of 
                such agencies, and incorporating health literacy into 
                research design, human subjects protections, and 
                informed consent in clinical research;
                    ``(F) seek to enter into implementation 
                partnerships with organizations and agencies, including 
                other agencies within the Department of Health and 
                Human Services, such as the Centers for Medicare & 
                Medicaid Services and the Health Resources and Services 
                Administration, the Office of the Surgeon General, the 
                Joint Commission on the Accreditation of Healthcare 
                Organizations, the Office of the National Coordinator 
                for Health Information Technology, and the National 
                Committee for Quality Assurance, to promote the 
                adoption of interventions and tools developed under 
                this section, particularly in the training of health 
                professionals; and
                    ``(G) coordinate with other agencies within the 
                Department of Health and Human Services to collect data 
                that monitors national trends in health literacy by 
                including relevant items in surveys such as the Medical 
                Expenditure Panel Survey, the National Health Interview 
                Survey, and the National Hospital Discharge Survey.
            ``(3) Report.--The Agency for Healthcare Research and 
        Quality shall annually submit to Congress a report that 
        includes--
                    ``(A) a comprehensive and detailed description of 
                the operations, activities, financial condition, and 
                accomplishments of the Agency in the field of health 
                literacy; and
                    ``(B) a description of how plans for the operation 
                of the program for the succeeding fiscal year will 
                facilitate achievement of the goals of the program.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as may be necessary for each of fiscal years 2012 through 
        2016.
    ``(c) State Health Literacy Grants.--
            ``(1) Grants.--The Director of the Agency shall award 
        grants to eligible entities to facilitate State and community 
        efforts to strengthen health literacy.
            ``(2) Use of funds.--An entity receiving a grant under this 
        subsection shall use amounts received under such grant to--
                    ``(A) support efforts to monitor and strengthen 
                health literacy within a State or community;
                    ``(B) assist public and private efforts in the 
                State or community in coordinating and delivering 
                health literacy services;
                    ``(C) encourage partnerships among State and local 
                governments, community organizations, non-profit 
                entities, academic institutions, and businesses to 
                coordinate efforts to strengthen health literacy;
                    ``(D) provide technical and policy assistance to 
                State and local governments and service providers; and
                    ``(E) monitor and evaluate programs conducted under 
                this grant.
            ``(3) Report.--Not later than September 30 of each fiscal 
        year for which a grant is received by an entity under this 
        section, the entity shall submit to the Director a report that 
        describes the programs supported by the grant and the results 
        of monitoring and evaluation of those programs.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection for each of fiscal years 2012 through 
        2016.''.
    (b) Institute of Medicine Study and Report.--
            (1) Study.--The Secretary of Health and Human Services 
        shall seek to enter into a contract with the Institute of 
        Medicine to conduct a study identifying opportunities within 
        the Department of Health and Human Services to strengthen the 
        health literacy of health care providers and health care 
        consumers in accordance with the Patient Protection and 
        Affordable Care Act (Public Law 111-148).
            (2) Report.--A contract entered into under paragraph (1) 
        shall include a provision requiring the Institute of Medicine, 
        not later than 1 year after the date of enactment of this Act, 
        to submit a report concerning the results of the study 
        conducted under paragraph (1) to the Secretary of Health and 
        Human Services and the appropriate committees of Congress.''.

SEC. 306. DISALLOWANCE OF DEDUCTIONS FOR ADVERTISING AND MARKETING 
              EXPENSES RELATING TO TOBACCO PRODUCT USE.

    (a) In General.--Part IX of subchapter B of chapter 1 of subtitle A 
of the Internal Revenue Code of 1986 (relating to items not deductible) 
is amended by adding at the end the following new section:

``SEC. 280I. DISALLOWANCE OF DEDUCTION FOR ADVERTISING AND MARKETING 
              EXPENSES RELATING TO TOBACCO PRODUCT USE.

    ``No deduction shall be allowed under this chapter for expenses 
relating to advertising or marketing cigars, cigarettes, smokeless 
tobacco, pipe tobacco, or any other tobacco product. For purposes of 
this section, any term used in this section which is also used in 
section 5702 shall have the same meaning given such term by section 
5702.''.
    (b) Conforming Amendment.--The table of sections for such part IX 
is amended by adding after the item relating to section 280H the 
following new item:

``Sec. 280I. Disallowance of deduction for tobacco advertising and 
                            marketing expenses.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 307. INCENTIVES TO REDUCE TOBACCO USE.

    (a) Child Tobacco Use Surveys.--
            (1) Annual performance survey.--
                    (A) In general.--Not later than August 31, 2012, 
                and annually thereafter, the Secretary of Health and 
                Human Services (referred to in this section as the 
                ``Secretary'') shall publish the results of an annual 
                tobacco use survey, to be carried out not later than 18 
                months after the date of enactment of this Act and 
                completed on an annual basis thereafter, to determine--
                            (i) the percentage of all young individuals 
                        who used tobacco products within the 30-day 
                        period prior to the conduct of the survey 
                        involved; and
                            (ii) the percentage of young individuals 
                        who identify each brand of each type of tobacco 
                        product as the usual brand used within such 30-
                        day period.
                    (B) Young individuals.--For the purposes of this 
                section, the term ``young individuals'' means 
                individuals who are under 18 years of age.
            (2) Size and methodology.--
                    (A) In general.--The survey referred to in 
                paragraph (1) may be the National Survey on Drug Use 
                and Health or shall at least be comparable in size and 
                methodology to the NSDUH that was completed in 2009 to 
                measure the use of cigarettes (by brand) by youths 
                under 18 years of age within the 30-day period prior to 
                the conduct of the study.
                    (B) Conclusive accurateness.--A survey using the 
                methodology described in subparagraph (A) shall be 
                deemed conclusively proper, correct, and accurate for 
                purposes of this section.
                    (C) Definition.--In this section, the term 
                ``National Survey on Drug Use and Health'' or ``NSDUH'' 
                means the annual nationwide survey of randomly selected 
                individuals, aged 12 and older, conducted by the 
                Substance Abuse and Mental Health Services 
                Administration.
            (3) Reduction.--The Secretary, based on a comparison of the 
        results of the first annual tobacco product survey referred to 
        in paragraph (1) and the most recent NSDUH referred to in 
        paragraph (2)(A) completed prior to the date of enactment of 
        this Act, shall determine the percentage reduction (if any) in 
        youth tobacco use for each manufacturer of tobacco products.
            (4) Participation in survey.--Notwithstanding any other 
        provision of law, the Secretary may conduct a survey under this 
        subsection involving minors if the results of such survey with 
        respect to such minors are kept confidential and not disclosed.
            (5) Nonapplicability.--Chapter 35 of title 44, United 
        States Code, shall not apply to information required for the 
        purposes of carrying out this section.
    (b) Tobacco Use Reduction Goal and Noncompliance.--
            (1) Goal.--It shall be the tobacco use reduction goal that 
        youth tobacco use be reduced by at least 5 percent or a level 
        determined significantly sufficient by the Secretary between 
        the most recent NSDUH referred to in subsection (a)(2)(A) and 
        the completion of the first annual cigarette survey (and such 
        subsequent surveys as compared to the previous year's survey) 
        referred to in subsection (a)(1).
            (2) Noncompliance.--
                    (A) Industry-wide penalty.--If the Secretary 
                determines that the tobacco use reduction goal under 
                paragraph (1) has not been achieved, the Secretary 
                shall, not later than September 10, 2012, and September 
                10 of each year thereafter, impose an industry-wide 
                penalty on the manufacturers of cigarettes in an amount 
                that is in the aggregate equal to $3,000,000,000.
                    (B) Payment.--The industry-wide penalty imposed 
                under this subsection shall be paid by each 
                manufacturer based on the brand share among youth ages 
                12-17 (as determined by the survey described in 
                subsection (a)(1)) as such percentage relates to the 
                total amount to be paid by all manufacturers.
                    (C) Final determination.--The determination of the 
                Secretary as to the amount and allocation of a 
                surcharge under this section shall be final and the 
                manufacturer shall pay such surcharge within 10 days of 
                the date on which the manufacturer is assessed. Such 
                payment shall be retained by the Secretary pending 
                final judicial review of what, if any, change in the 
                surcharge is appropriate.
                    (D) Limitation.--With respect to cigarettes, a 
                manufacturer with a market share of 1 percent or less 
                of youth tobacco use shall not be liable for the 
                payment of a surcharge under this paragraph.
                    (E) Use of amounts.--Amounts collected under 
                subparagraph (A) shall be deposited into the Prevention 
                and Public Health Fund established under section 4002 
                of the Patient Protection and Affordable Care Act (42 
                U.S.C. 300u-11). Such funds shall remain available for 
                transfer through September 30th of the fifth fiscal 
                year following their collection, subject to the terms 
                and conditions of such section 4002.
            (3) Penalties nondeductible.--The payment of penalties 
        under this section shall not be considered to be an ordinary 
        and necessary expense in carrying on a trade or business for 
        purposes of the Internal Revenue Code of 1986 and shall not be 
        deductible.
            (4) Judicial review.--
                    (A) After payment.--A manufacturer of cigarettes 
                may seek judicial review of any action under this 
                section only after the assessment involved has been 
                paid by the manufacturer to the Department of the 
                Treasury and only in the United States District Court 
                for the District of Columbia.
                    (B) Review by attorney general.--Prior to the 
                filing of an action by a manufacturer seeking judicial 
                review of an action under this section, the 
                manufacturer shall notify the Attorney General of such 
                intent to file and the Attorney General shall have 30 
                days in which to respond to the action.
                    (C) Review.--The amount of any surcharge paid under 
                this section shall be subject to judicial review by the 
                United States Court of Appeals for the District of 
                Columbia Circuit, based on the arbitrary and capricious 
                standard of section 706 of title 5, United States Code. 
                Notwithstanding any other provision of law, no court 
                shall have the authority to stay any surcharge payment 
                due to the Secretary under this section pending 
                judicial review until the Secretary has made or failed 
                to make a compliance determination, as described under 
                this section, that has adversely affected the person 
                seeking the review.
    (c) Enforcement.--
            (1) Initial penalty.--There is hereby imposed an initial 
        penalty on the failure of any manufacturer to make any payment 
        required under this section not later than a period determined 
        sufficient by the Secretary after the date on which such 
        payment is due.
            (2) Amount of penalty.--The amount of the penalty imposed 
        by paragraph (1) on any failure with respect to a manufacturer 
        shall be an amount equal to 2 percent of the penalty owed under 
        subsection (b) for each day during the noncompliance period.
            (3) Noncompliance period.--For purposes of this subsection, 
        the term ``noncompliance period'' means, with respect to any 
        failure to make the surcharge payment required under this 
        section, the period--
                    (A) beginning on the due date for such payment; and
                    (B) ending on the date on which such payment is 
                paid in fall.
            (4) Limitations.--No penalty shall be imposed by paragraph 
        (1) on--
                    (A) any failure to make a surcharge payment under 
                this section during any period for which it is 
                established to the satisfaction of the Secretary that 
                none of the persons responsible for such failure knew 
                or, exercising reasonable diligence, would have known, 
                that such failure existed; or
                    (B) any manufacturer that produces less than 1 
                percent of cigarettes used by youth in that year (as 
                determined by the annual survey).

           TITLE IV--EXPANDED COVERAGE OF PREVENTIVE SERVICES

SEC. 401. REQUIRED COVERAGE OF PREVENTIVE SERVICES UNDER THE MEDICAID 
              PROGRAM.

    (a) Mandatory Coverage.--Section 1905 of the Social Security Act 
(42 U.S.C. 1396d), as amended by section 4107(a)(1) of the Patient 
Protection and Affordable Care Act (Public Law 111-148), is amended--
            (1) in subsection (a)(4)--
                    (A) by striking ``and'' before ``(D)''; and
                    (B) by inserting before the semicolon at the end 
                the following new subparagraph: ``; and (E) preventive 
                services described in subsection (ee);''; and
            (2) by adding at the end the following new subsection:
    ``(ee) Preventive Services.--For purposes of subsection (a)(4)(E), 
the preventives services described in this subsection are diagnostic, 
screening, preventive, and rehabilitative services not otherwise 
described in subsection (a) or (r) that the Secretary determines are 
appropriate for individuals entitled to medical assistance under this 
title, including--
            ``(1) evidence-based services that are assigned a grade of 
        A or B by the United States Preventive Services Task Force; and
            ``(2) with respect to an adult individual, approved 
        vaccines recommended for routine use by the Advisory Committee 
        on Immunization Practices of the Centers for Disease Control 
        and Prevention.''.
    (b) Elimination of Cost-Sharing.--
            (1) Subsections (a)(2)(D) and (b)(2)(D) of section 1916 of 
        the Social Security Act (42 U.S.C. 1396o) are each amended by 
        inserting ``preventive services described in section 
        1905(ee),'' after ``emergency services (as defined by the 
        Secretary),''.
            (2) Section 1916A(a)(1) of such Act (42 U.S.C. 1396o-
        1(a)(1)) is amended by inserting ``, preventive services 
        described in section 1905(ee),'' after ``subsection (c)''.
    (c) Conforming Amendment.--Effective as if included in the 
enactment of the Patient Protection and Affordable Care Act (Public Law 
111-148), the provisions of, and amendments made by, section 4106 of 
such Act are repealed.
    (d) Interval Period for Inclusion of New Recommendations in State 
Plans.--With respect to a recommendation issued on or after the date of 
enactment of this Act by an organization described in subsection (ee) 
of section 1905 of the Social Security Act for a preventive service 
included under such subsection, the Secretary of Health and Human 
Services shall establish a minimum interval period, which shall be not 
less than 12 months, between the date on which the recommendation is 
issued and the plan year for which a State plan for medical assistance 
under title XIX of the Social Security Act shall be required to include 
such preventive service.
    (e) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsections (a) and (b) take effect on the 
        date of enactment of this Act.
            (2) Extension of effective date for state law amendment.--
        In the case of a State plan under title XIX of the Social 
        Security Act (42 U.S.C. 1396 et seq.) which the Secretary of 
        Health and Human Services determines requires State legislation 
        or State regulation in order for the plan to meet the 
        additional requirements imposed by the amendments made by 
        subsections (a) and (b), the State plan shall not be regarded 
        as failing to comply with the requirements of such title solely 
        on the basis of its failure to meet these additional 
        requirements before the first day of the first calendar quarter 
        beginning after the close of the first regular session of the 
        State legislature that begins after the date of enactment of 
        this Act. For purposes of the previous sentence, in the case of 
        a State that has a 2-year legislative session, each year of the 
        session is considered to be a separate regular session of the 
        State legislature.

SEC. 402. COVERAGE FOR COMPREHENSIVE WORKPLACE WELLNESS PROGRAM AND 
              PREVENTIVE SERVICES.

    Section 8904(a) of title 5, United States Code, is amended--
            (1) in paragraph (1), by adding at the end the following:
                    ``(G) Comprehensive workplace wellness program 
                benefits that meet the requirements of section 10408 of 
                the Patient Protection and Affordable Care Act (Public 
                Law 111-148).
                    ``(H) Preventive services benefits deemed an `A' or 
                `B' service by the United States Preventive Services 
                Taskforce.
                    ``(I) Immunizations that have in effect a 
                recommendation from the Advisory Committee on 
                Immunization Practices of the Centers for Disease 
                Control and Prevention with respect to the individuals 
                involved.
                    ``(J) With respect to infants, children, and 
                adolescents, evidence-informed preventive care and 
                screenings provided for in the comprehensive guidelines 
                supported by the Health Resources and Services 
                Administration of the Department of Health and Human 
                Services.''; and
            (2) in paragraph (2), by adding at the end the following:
                    ``(G) Comprehensive workplace wellness program 
                benefits that meet the requirements of section 10408 of 
                the Patient Protection and Affordable Care Act (Public 
                Law 111-148).
                    ``(H) Preventive services benefits deemed an `A' or 
                `B' service by the United States Preventive Services 
                Taskforce.
                    ``(I) Immunizations that have in effect a 
                recommendation from the Advisory Committee on 
                Immunization Practices of the Centers for Disease 
                Control and Prevention with respect to the individuals 
                involved.
                    ``(J) With respect to infants, children, and 
                adolescents, evidence-informed preventive care and 
                screenings provided for in the comprehensive guidelines 
                supported by the Health Resources and Services 
                Administration of the Department of Health and Human 
                Services.''.

SEC. 403. HEALTH PROFESSIONAL EDUCATION AND TRAINING IN HEALTHY EATING.

    Part Q of title III of the Public Health Service Act (42 U.S.C. 
280h et seq.) is amended by striking section 399Z and inserting the 
following:

``SEC. 399Z. HEALTH PROFESSIONAL EDUCATION AND TRAINING IN HEALTHY 
              EATING.

    ``(a) In General.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention, in collaboration with 
the Administrator of the Health Resources and Services Administration 
and the heads of other agencies, and in consultation with appropriate 
health professional associations, shall develop and carry out a program 
to educate and train health professionals in effective strategies to--
            ``(1) better identify patients at-risk of becoming 
        overweight or obese or developing an eating disorder;
            ``(2) detect overweight or obesity or eating disorders 
        among a diverse patient population;
            ``(3) counsel, refer, or treat patients with overweight or 
        obesity or an eating disorder;
            ``(4) educate patients and the families of patients about 
        effective strategies to establish healthy eating habits and 
        appropriate levels of physical activity; and
            ``(5) assist in the creation and administration of 
        community-based overweight and obesity and eating disorder 
        prevention efforts.
    ``(b) Eating Disorder.--In this section, the term `eating disorder' 
includes anorexia nervosa, bulimia nervosa, binge eating disorder, and 
eating disorders not otherwise specified, as defined in the fourth 
edition of the Diagnostic and Statistical Manual of Mental Disorders or 
any subsequent edition.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of the fiscal years 2012 through 2016.''.

                           TITLE V--RESEARCH

SEC. 501. GRANTS FOR BODY MASS INDEX DATA ANALYSIS.

    (a) Establishment.--The Secretary of Health and Human Services may 
make grants to not more than 20 eligible entities to analyze body mass 
index (hereinafter in this section referred to as ``BMI'') measurements 
of children, ages 2 through 18.
    (b) Eligibility.--An eligible entity for purposes of this section 
is a State (including the District of Columbia, the Commonwealth of 
Puerto Rico, and each territory of the United States) that has a 
statewide immunization information system that--
            (1) has the capacity to store basic demographic information 
        (including date of birth, gender, and geographic area of 
        residence), height, weight, and immunization data for each 
        resident of the State;
            (2) is accessible to doctors, nurses, other licensed 
        medical professionals, and officials of the relevant department 
        in the State charged with maintaining health and immunization 
        records; and
            (3) has the capacity to integrate large amounts of data for 
        the analysis of BMI measurements.
    (c) Use of Funds.--A State that receives a grant under this section 
shall use the grant for the following purposes:
            (1) Analyzing the effectiveness of obesity prevention 
        programs and wellness policies carried out in the State.
            (2) Purchasing new computers, computer equipment, and 
        software to upgrade computers to be used for a statewide 
        immunization information system.
            (3) The hiring and employment of personnel to maintain and 
        analyze BMI data.
            (4) The development and implementation of training programs 
        for medical professionals to aid such professionals in taking 
        BMI measurements and discussing such measurements with 
        patients.
            (5) Providing information to parents and legal guardians in 
        accordance with subsection (e)(2).
    (d) Selection Criteria.--In selecting recipients of grants under 
this section, the Secretary shall give priority to States in which a 
high percentage of public and private health care providers submit data 
to a statewide immunization information system that--
            (1) contains immunization data for not less than 20 percent 
        of the population of such State that is under the age of 18; 
        and
            (2) includes data collected from men and women who are of a 
        wide variety of ages and who reside in a wide variety of 
        geographic areas in a State (as determined by the Secretary).
    (e) Conditions.--As a condition of receiving a grant under this 
section, a State shall--
            (1) ensure that BMI measurements will be recorded for 
        children ages 2 through 18--
                    (A) on an annual basis by a licensed physician, 
                nurse, nurse practitioner, or physicians assistant 
                during an annual physical examination, wellness visit, 
                or similar visit with a physician; and
                    (B) in accordance with data collection protocols 
                published by the American Academy of Pediatrics in the 
                2007 Expert Committee Recommendations; and
            (2) for each child in the State for whom such measurements 
        indicate a BMI greater than the 95th percentile for such 
        child's age and gender, provide to the parents or legal 
        guardians of such child information on how to lower BMI and 
        information on State and local obesity prevention programs.
    (f) Reports.--
            (1) Reports to the secretary.--Not later than 5 years after 
        the receipt of a grant under this section, the State receiving 
        such grant shall submit to the Secretary the following reports:
                    (A) A report containing an analysis of BMI data 
                collected using the grant, including--
                            (i) the differences in obesity trends by 
                        gender, disability, geographic area (as 
                        determined by the State), and socioeconomic 
                        status within such State; and
                            (ii) the demographic groups and geographic 
                        areas most affected by obesity within such 
                        State.
                    (B) A report containing an analysis of the 
                effectiveness of obesity prevention programs and State 
                wellness policies, including--
                            (i) an analysis of the success of such 
                        programs and policies prior to the receipt of 
                        the grant; and
                            (ii) a discussion of the means to determine 
                        the most effective strategies to combat obesity 
                        in the geographic areas identified under 
                        subparagraph (A).
            (2) Report to congress and certain executive agencies.--Not 
        later than 1 year after the Secretary receives all the reports 
        required pursuant to paragraph (1), the Secretary shall submit 
        to the Secretary of Education, the Secretary of Agriculture, 
        and to Congress a report that contains the following:
                    (A) An analysis of trends in childhood obesity, 
                including how such trends vary across regions of the 
                United States, and how such trends vary by gender and 
                socioeconomic status.
                    (B) A description of any programs that--
                            (i) the Secretary has determined 
                        significantly lower childhood obesity rates for 
                        certain geographic areas in the United States, 
                        including urban, rural, and suburban areas; and
                            (ii) the Secretary recommends to be 
                        implemented by the States (including States 
                        that did not receive a grant under this 
                        section).
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section for each of fiscal years 2012 through 2016.

SEC. 502. NATIONAL ASSESSMENT OF MENTAL HEALTH NEEDS.

    Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) 
is amended by inserting after section 506B (42 U.S.C. 290aa-5b) the 
following:

``SEC. 506C. NATIONAL ASSESSMENT OF MENTAL HEALTH NEEDS.

    ``(a) In General.--The Secretary, acting through the Administrator, 
and in consultation with the Centers for Disease Control and Prevention 
and the Director of the National Institutes of Health, shall establish 
and implement public health monitoring measures to address the mental 
and behavioral health status of the population of the United States and 
other populations served by the Administration, that include--
            ``(1) monitoring the mental health status of the 
        population, including the incidence and prevalence of mental 
        and behavioral health conditions across the lifespan;
            ``(2) monitoring access to appropriate diagnostic and 
        treatment services for mental and behavioral health conditions, 
        including trends in unmet need for services;
            ``(3) monitoring mental and behavioral health conditions as 
        risk factors for obesity and chronic diseases to the extent 
        practicable;
            ``(4) enhancing existing public health monitoring systems 
        by including measures assessing mental and behavioral health 
        status and associated risk factors; and
            ``(5) to the extent practicable, monitoring the immediate 
        and long-term impact of disasters or catastrophic events, 
        whether natural or man-made on the mental and behavioral health 
        of affected populations.
    ``(b) Distinguishing Among Age Groups.--In designing and 
implementing the measures described in subsection (a) the Secretary 
shall ensure that data collection and reporting standards stratify data 
by age groups, in particular, to the extent practicable, children under 
the age of 5 years.
    ``(c) Report.--Not later than 1 year after the date of enactment of 
this section, the Secretary shall submit a report to Congress that 
describes the progress on the implementation of the monitoring measures 
described in subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary to 
carry out this section for each of fiscal years 2012 through 2016.''.
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