II 

109TH CONGRESS 

1ST SESSION S. 799 

To amend the Public Health Service Act to provide for the coordination 

of Federal Government policies and activities to prevent obesity in childhood, to provide for State childhood obesity prevention and control, 

and to establish grant programs to prevent childhood obesity within 

homes, schools, and communities. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2005 

Mr. KENNEDY introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Public Health Service Act to provide for 

the coordination of Federal Government policies and activities to prevent obesity in childhood, to provide for 

State childhood obesity prevention and control, and to 

establish grant programs to prevent childhood obesity 

within homes, schools, and communities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prevention of Child5 hood Obesity Act’’. 
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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Childhood overweight and obesity is a major 

4 public health threat to the United States. The rates 

5 of obesity have doubled in preschool children and tri6 pled in adolescents in the past 25 years. About 

7 9,000,000 young people are considered overweight. 

8 (2) Overweight and obesity is more prevalent in 

9 Mexican American and African American youth. 

10 Among Mexican Americans, 24 percent of children 

11 (6 to 11 years) and adolescents (12 to 19 years) are 

12 obese and another 40 percent of children and 44 

13 percent of adolescents are overweight. Among Afri14 can Americans, 20 percent of children and 24 per15 cent of adolescents are obese and another 36 percent 

16 of children and 41 percent of adolescents are over17 weight. 

18 (3) Childhood overweight and obesity is related 

19 to the development of a number of preventable 

20 chronic diseases in childhood and adulthood, such as 

21 type 2 diabetes and hypertension. 

22 (4) Overweight adolescents have up to an 80 

23 percent chance of becoming obese adults. In 2003, 

24 obesity-related health conditions in adults resulted in 

25 approximately $11,000,000,000 in medical expendi26 tures. 
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1 (5) Childhood overweight and obesity is pre2 ventable but will require changes across the multiple 

3 environments to which our children are exposed. 

4 This includes homes, schools, communities, and soci5 ety at large. 

6 (6) Overweight and obesity in children are 

7 caused by unhealthy eating habits and insufficient 

8 physical activity. 

9 (7) Only 2 percent of school children meet all 

10 of the recommendations of the Food Guide Pyramid. 

11 Sixty percent of young people eat too much fat and 

12 less than 20 percent eat the recommended 5 or more 

13 servings of fruits and vegetables each day. 

14 (8) More than one third of young people do not 

15 meet recommended guidelines for physical activity. 

16 Daily participation in high school physical education 

17 classes dropped from 42 percent in 1991 to 28 per18 cent in 2003. 

(9) Children spend an average of 51 19 ⁄2 hours per 

20 day using media, more time than they spend doing 

21 anything besides sleeping. 

22 (10) Children are exposed to an average of 

23 40,000 television advertisements each year for 

24 candy, high sugar cereals, and fast food. Fast food 

25 outlets alone spend $3,000,000,000 in advertise-
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1 ments targeting children. Children are exposed to 1 

2 food commercial every 5 minutes. 

3 (11) A coordinated effort involving evidence4 based approaches is needed to ensure children de5 velop in a society in which healthy lifestyle choices 

6 are available and encouraged. 

7 TITLE I—FEDERAL OBESITY 

8 PREVENTION 

9 SEC. 101. FEDERAL LEADERSHIP COMMISSION TO PRE10 VENT CHILDHOOD OBESITY. 

11 Part Q of title III of the Public Health Service Act 

12 (42 U.S.C. 280h et seq.) is amended by inserting after 

13 section 399W, the following: 

14 ‘‘SEC. 399W–1. FEDERAL LEADERSHIP COMMISSION TO PRE15 VENT CHILDHOOD OBESITY. 

16 ‘‘(a) IN GENERAL.—The Secretary shall ensure that 

17 the Federal Government coordinates efforts to develop, 

18 implement, and enforce policies that promote messages 

19 and activities designed to prevent obesity among children 

20 and youth. 

21 ‘‘(b) ESTABLISHMENT OF LEADERSHIP COMMIS22 SION.—The Secretary, acting through the Director of the 

23 Centers for Disease Control and Prevention, shall estab24 lish within the Centers for Disease Control and Prevention 

25 a Federal Leadership Commission to Prevent Childhood 
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1 Obesity (referred to in this section as the ‘Commission’) 

2 to assess and make recommendations for Federal depart3 mental policies, programs, and messages relating to the 

4 prevention of childhood obesity. The Director shall serve 

5 as the chairperson of the Commission. 

6 ‘‘(c) MEMBERSHIP.—The Commission shall include 

7 representatives of offices and agencies within— 

8 ‘‘(1) the Department of Health and Human 

9 Services; 

10 ‘‘(2) the Department of Agriculture; 

11 ‘‘(3) the Department of Commerce; 

12 ‘‘(4) the Department of Education; 

13 ‘‘(5) the Department of Housing and Urban 

14 Development; 

15 ‘‘(6) the Department of the Interior; 

16 ‘‘(7) the Department of Labor; 

17 ‘‘(8) the Department of Transportation; 

18 ‘‘(9) the Federal Trade Commission; and 

19 ‘‘(10) other Federal entities as determined ap20 propriate by the Secretary. 

21 ‘‘(d) DUTIES.—The Commission shall— 

22 ‘‘(1) serve as a centralized mechanism to co23 ordinate activities related to obesity prevention 

24 across all Federal departments and agencies; 
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1 ‘‘(2) establish specific goals for obesity preven2 tion, and determine accountability for reaching these 

3 goals, within and across Federal departments and 

4 agencies; 

5 ‘‘(3) review evaluation and economic data relat6 ing to the impact of Federal interventions on the 

7 prevention of childhood obesity; 

8 ‘‘(4) provide a description of evidence-based 

9 best practices, model programs, effective guidelines, 

10 and other strategies for preventing childhood obe11 sity; 

12 ‘‘(5) make recommendations to improve Federal 

13 efforts relating to obesity prevention and to ensure 

14 Federal efforts are consistent with available stand15 ards and evidence; and 

16 ‘‘(6) monitor Federal progress in meeting spe17 cific obesity prevention goals. 

18 ‘‘(e) STUDY; SUMMIT; GUIDELINES.— 

19 ‘‘(1) STUDY.—The Government Accountability 

20 Office shall— 

21 ‘‘(A) conduct a study to assess the effect 

22 of Federal nutrition assistance programs and 

23 agricultural policies on the prevention of child24 hood obesity, and prepare a report on the re25 sults of such study that shall include a descrip-
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1 tion and evaluation of the content and impact 

2 of Federal agriculture subsidy and commodity 

3 programs and policies as such relate to Federal 

4 nutrition programs; 

5 ‘‘(B) make recommendations to guide or 

6 revise Federal policies for ensuring access to 

7 nutritional foods in Federal nutrition assistance 

8 programs; and 

9 ‘‘(C) complete the activities provided for 

10 under this section not later than 18 months 

11 after the date of enactment of this section. 

12 ‘‘(2) INSTITUTE OF MEDICINE STUDY.— 

13 ‘‘(A) IN GENERAL.—Not later than 6 

14 months after the date of enactment of this sec15 tion, the Secretary shall request that the Insti16 tute of Medicine (or similar organization) con17 duct a study and make recommendations on 

18 guidelines for nutritional food and physical ac19 tivity advertising and marketing to prevent 

20 childhood obesity. In conducting such study the 

21 Institute of Medicine shall— 

22 ‘‘(i) evaluate children’s advertising 

23 and marketing guidelines and evidence24 based literature relating to the impact of 
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1 advertising on nutritional foods and phys2 ical activity in children and youth; and 

3 ‘‘(ii) make recommendations on na4 tional guidelines for advertising and mar5 keting practices relating to children and 

6 youth that— 

7 ‘‘(I) reduce the exposure of chil8 dren and youth to advertising and 

9 marketing of foods of poor or minimal 

10 nutritional value and practices that 

11 promote sedentary behavior; and 

12 ‘‘(II) increase the number of 

13 media messages that promote physical 

14 activity and sound nutrition. 

15 ‘‘(B) GUIDELINES.—Not later than 2 

16 years after the date of enactment of this sec17 tion, the Institute of Medicine shall submit to 

18 the Commission the final report concerning the 

19 results of the study, and making the rec20 ommendations, required under this paragraph. 

21 ‘‘(3) NATIONAL SUMMIT.— 

22 ‘‘(A) IN GENERAL.—Not later than 1 year 

23 after the date on which the report under para24 graph (2)(B) is submitted, the Commission 

25 shall convene a National Summit to Implement 
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1 Food and Physical Activity Advertising and 

2 Marketing Guidelines to Prevent Childhood 

3 Obesity (referred to in this section as the ‘Sum4 mit’). 

5 ‘‘(B) COLLABORATIVE EFFORT.—The 

6 Summit shall be a collaborative effort and in7 clude representatives from— 

8 ‘‘(i) education and child development 

9 groups; 

10 ‘‘(ii) public health and behavioral 

11 science groups; 

12 ‘‘(iii) child advocacy and health care 

13 provider groups; and 

14 ‘‘(iv) advertising and marketing indus15 try. 

16 ‘‘(C) ACTIVITIES.—The participants in the 

17 Summit shall develop a 5-year plan for imple18 menting the national guidelines recommended 

19 by the Institute of Medicine in the report sub20 mitted under paragraph (2)(B). 

21 ‘‘(D) EVALUATION AND REPORTS.—Not 

22 later than 1 year after the date of enactment of 

23 this section, and biannually thereafter, the 

24 Commission shall evaluate and submit a report 

25 to Congress on the efforts of the Federal Gov-
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1 ernment to implement the recommendations 

2 made by the Institute of Medicine in the report 

3 under paragraph (2)(B) that shall include a de4 tailed description of the plan of the Secretary to 

5 implement such recommendations. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section, 

8 such sums as may be necessary for each of fiscal years 

9 2006 through 2010. 

10 ‘‘(g) DEFINITIONS.—For purposes of this section, the 

11 definitions contained in section 401 of the Prevention of 

12 Childhood Obesity Act shall apply.’’. 

13 SEC. 102. FEDERAL TRADE COMMISSION AND MARKETING 

14 TO CHILDREN AND YOUTH. 

15 (a) IN GENERAL.—Notwithstanding section 18 of the 

16 Federal Trade Commission Act (15 U.S.C. 57a), the Fed17 eral Trade Commission is authorized to promulgate regu18 lations and monitor compliance with the guidelines for ad19 vertising and marketing of nutritional foods and physical 

20 activity directed at children and youth, as recommended 

21 by the National Summit to Implement Food and Physical 

22 Activity Advertising and Marketing Guidelines to Prevent 

23 Childhood Obesity (as established under section 399W– 

24 1(e)(3) of the Public Health Service Act). 
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1 (b) FINES.—Notwithstanding section 18 of the Fed2 eral Trade Commission Act (15 U.S.C. 57a), the Federal 

3 Trade Commission may assess fines on advertisers or net4 work and media groups that fail to comply with the guide5 lines described in subsection (a). 

6 TITLE II—STATE CHILDREN AND 

7 YOUTH OBESITY PREVENTION 

8 AND CONTROL 

9 SEC. 201. AMENDMENT TO THE PUBLIC HEALTH SERVICE 

10 ACT. 

11 Title III of the Public Health Service Act (42 U.S.C. 

12 241 et seq.) is amended by adding at the end the fol13 lowing: 

14 ‘‘PART R—OBESITY PREVENTION AND CONTROL 

15 ‘‘SEC. 399AA. STATE CHILDHOOD OBESITY PREVENTION 

16 AND CONTROL PROGRAMS. 

17 ‘‘(a) IN GENERAL.—The Secretary, acting through 

18 the Director of the Centers for Disease Control and Pre19 vention, shall award competitive grants to eligible entities 

20 to support activities that implement the children’s obesity 

21 prevention and control plans contained in the applications 

22 submitted under subsection (b)(2). 

23 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

24 under this section, an entity shall— 
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1 ‘‘(1) be a State, territory, or an Indian tribe; 

2 and 

3 ‘‘(2) submit to the Secretary an application at 

4 such time, in such manner, and containing such 

5 agreements, assurances, and information as the Sec6 retary may require, including a children’s obesity 

7 prevention and control plan that— 

8 ‘‘(A) is developed with the advice of stake9 holders from the public, private, and nonprofit 

10 sectors that have expertise relating to obesity 

11 prevention and control; 

12 ‘‘(B) targets prevention and control of 

13 childhood obesity; 

14 ‘‘(C) describes the obesity-related services 

15 and activities to be undertaken or supported by 

16 the applicant; and 

17 ‘‘(D) describes plans or methods to evalu18 ate the services and activities to be carried out 

19 under the grant. 

20 ‘‘(c) USE OF FUNDS.—An eligible entity shall 

21 use amounts received under a grant under this sec22 tion to conduct, in a manner consistent with the 

23 children’s obesity prevention and control plan under 

24 subsection (b)(2)— 
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1 ‘‘(1) an assessment of the prevalence and inci2 dence of obesity in children; 

3 ‘‘(2) an identification of evidence-based and 

4 cost-effective best practices for preventing childhood 

5 obesity; 

6 ‘‘(3) innovative multi-level behavioral or envi7 ronmental interventions to prevent childhood obesity; 

8 ‘‘(4) demonstration projects for the prevention 

9 of obesity in children and youth through partner10 ships between private industry organizations, com11 munity-based organizations, academic institutions, 

12 schools, hospitals, health insurers, researchers, 

13 health professionals, or other health entities deter14 mined appropriate by the Secretary; 

15 ‘‘(5) ongoing coordination of efforts between 

16 governmental and nonprofit entities pursuing obesity 

17 prevention and control efforts, including those enti18 ties involved in related areas that may inform or 

19 overlap with childhood obesity prevention and con20 trol efforts, such as activities to promote school nu21 trition and physical activity; and 

22 ‘‘(6) evaluations of State and local policies and 

23 programs related to obesity prevention in children. 

24 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out this section, 
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1 such sums as may be necessary for each of fiscal years 

2 2006 through 2010. 

3 ‘‘SEC. 399AA–1. COMPREHENSIVE OBESITY PREVENTION AC4 TION GRANTS. 

5 ‘‘(a) IN GENERAL.—The Secretary shall award 

6 grants on a competitive basis to eligible entities to enable 

7 such entities to implement activities related to obesity pre8 vention and control. 

9 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

10 under this section, an entity shall— 

11 ‘‘(1) be a public or private nonprofit entity; and 

12 ‘‘(2) submit to the Secretary an application at 

13 such time, in such manner, and containing such 

14 agreements, assurances, and information as the Sec15 retary may require, including a description of how 

16 funds received under a grant awarded under this 

17 section will be used to— 

18 ‘‘(A) supplement or fulfill unmet needs 

19 identified in the children’s obesity prevention 

20 and control plan of a State, Indian tribe, or ter21 ritory (as prepared under this part); and 

22 ‘‘(B) otherwise help achieve the goals of 

23 obesity prevention as established by the Sec24 retary or the Commission. 
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1 ‘‘(c) PRIORITY.—In awarding grants under this sec2 tion, the Secretary shall give priority to eligible entities 

3 submitting applications proposing to carry out programs 

4 for preventing obesity in children and youth from at-risk 

5 populations or reducing health disparities in underserved 

6 populations. 

7 ‘‘(d) USE OF FUNDS.—An eligible entity shall use 

8 amounts received under a grant awarded under subsection 

9 (a) to implement and evaluate behavioral and environ10 mental change programs for childhood obesity prevention. 

11 ‘‘(e) EVALUATION.—An eligible entity that receives a 

12 grant under this section shall submit to the Secretary an 

13 evaluation of the operations and activities carried out 

14 under such grant that includes an analysis of the utiliza15 tion and benefit of public health programs relevant to the 

16 activities described in subsection (d). 

17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section, 

19 such sums as may be necessary for each of fiscal years 

20 2006 through 2010. 
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1 ‘‘SEC. 399AA–2. DISCOVERY TO PRACTICE CENTERS OF EX2 CELLENCE WITHIN THE HEALTH PROMOTION 

3 AND DISEASE PREVENTION RESEARCH CEN4 TERS OF THE CENTERS FOR DISEASE CON5 TROL AND PREVENTION. 

6 ‘‘(a) IN GENERAL.—The Secretary, acting through 

7 the Director of the Centers for Disease Control and Pre8 vention, shall award grants to eligible entities for the es9 tablishment of Centers of Excellence for Discovery to 

10 Practice (referred to in this section as the ‘Centers’) im11 plemented through the Health Promotion and Disease 

12 Prevention Research Centers of the Centers for Disease 

13 Control and Prevention. Such eligible entities shall use 

14 grant funds to disseminate childhood obesity prevention 

15 evidence-based practices to individuals, families, schools, 

16 organizations, and communities. 

17 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

18 under this section, an entity shall— 

19 ‘‘(1) be a Health Promotion and Disease Pre20 vention Research Center of the Centers for Disease 

21 Control and Prevention; 

22 ‘‘(2) demonstrate a history of service to and 

23 collaboration with populations with a high incidence 

24 of childhood obesity; and 

25 ‘‘(3) submit to the Secretary an application at 

26 such time, in such manner, and containing such 
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1 agreements, assurances, and information as the Sec2 retary may require. 

3 ‘‘(c) PRIORITY.—In awarding grants under this sec4 tion, the Secretary shall give priority to applications tar5 geting childhood obesity prevention activities in under6 served populations. 

7 ‘‘(d) USE OF FUNDS.—An eligible entity shall use 

8 amounts received under a grant under this section to dis9 seminate childhood obesity prevention evidence-based 

10 practices through activities that— 

11 ‘‘(1) expand the availability of evidence-based 

12 nutrition and physical activity programs designed 

13 specifically for the prevention of childhood obesity; 

14 and 

15 ‘‘(2) train lay and professional individuals on 

16 determinants of and methods for preventing child17 hood obesity. 

18 ‘‘(e) EVALUATION.—An eligible entity that receives a 

19 grant under this section shall submit to the Secretary an 

20 evaluation of the operations and activities carried out 

21 under such a grant that includes an analysis of increased 

22 utilization and benefit of programs relevant to the activi23 ties described in subsection (d). 
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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section, 

3 $50,000,000 for each of fiscal years 2006 through 2010. 

4 ‘‘SEC. 399AA–3. DEFINITIONS. 

5 ‘‘For purposes of this part, the definitions contained 

6 in section 401 of the Prevention of Childhood Obesity Act 

7 shall apply.’’. 

8 TITLE III—FEDERAL PROGRAMS 

9 TO PREVENT CHILDHOOD 

10 OBESITY 

11 Subtitle A—Preventing Obesity at 

12 Home 

13 SEC. 301. DEVELOPMENT OF OBESITY PREVENTION BEHAV14 IOR CHANGE CURRICULA FOR EARLY CHILD15 HOOD HOME VISITATION PROGRAMS. 

16 Title III of the Public Health Service Act (42 U.S.C. 

17 241 et seq.), as amended by section 201, is further amend18 ed by adding at the end the following: 

19 ‘‘PART S—PREVENTING CHILDHOOD OBESITY 

20 ‘‘SEC. 399BB. DEVELOPMENT OF OBESITY PREVENTION BE21 HAVIOR CHANGE CURRICULA FOR EARLY 

22 CHILDHOOD HOME VISITATION PROGRAMS. 

23 ‘‘(a) IN GENERAL.—The Secretary, in collaboration 

24 with the Director of the Centers for Disease Control and 

25 Prevention and the Secretary of Education, shall award 
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1 grants for the development of obesity prevention behavior 

2 change curricula to be incorporated into early childhood 

3 home visitation programs. 

4 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

5 under this section, an entity shall— 

6 ‘‘(1) be an academic center collaborating with a 

7 public or private nonprofit organization that has the 

8 capability of testing behavior change curricula in 

9 service delivery settings and disseminating results to 

10 home visiting programs nationally, except that an 

11 organization testing the behavior change curricula 

12 developed under the grant shall implement a model 

13 of home visitation that— 

14 ‘‘(A) focuses on parental education and 

15 care of children who are prenatal through 5 

16 years of age; 

17 ‘‘(B) promotes the overall health and well18 being of young children; and 

19 ‘‘(C) adheres to established quality stand20 ards; and 

21 ‘‘(2) submit to the Secretary an application at 

22 such time, in such manner, and containing such 

23 agreements, assurances, and information as the Sec24 retary may require. 
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1 ‘‘(c) PRIORITY.—In awarding grants under this sec2 tion, the Secretary shall give priority to eligible entities 

3 submitting applications that propose to develop and imple4 ment programs for preventing childhood obesity and re5 ducing health disparities in underserved populations. 

6 ‘‘(d) USE OF FUNDS.—An eligible entity shall use 

7 amounts received under a grant under this section to de8 velop, implement, and evaluate the impact of behavior 

9 change curricula for early childhood home visitation pro10 grams that— 

11 ‘‘(1) encourage breast-feeding of infants; 

12 ‘‘(2) promote age-appropriate portion sizes for 

13 a variety of nutritious foods; 

14 ‘‘(3) promote consumption of fruits and vegeta15 bles and low-energy dense foods; and 

16 ‘‘(4) encourage education around parental mod17 eling of physical activity and reduction in television 

18 viewing and other sedentary activities by toddlers 

19 and young children. 

20 ‘‘(e) EVALUATION.—Not later than 3 years after the 

21 date on which a grant is awarded under this section, the 

22 grantee shall submit to the Secretary a report that de23 scribes the activities carried out with funds received under 

24 the grant and the effectiveness of such activities in pre-
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1 venting obesity by improving nutrition and increasing 

2 physical activity. 

3 ‘‘(f) INCORPORATION INTO EVIDENCE-BASED PRO4 GRAMS.—The Secretary, in consultation with the heads of 

5 other Federal departments and agencies, shall ensure that 

6 policies that prevent childhood obesity are incorporated 

7 into evidence-based early childhood home visitation pro8 grams in a manner that provides for measurable outcomes. 

9 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to carry out this section, 

11 $25,000,000 for each of fiscal years 2006 through 2010.’’. 

12 Subtitle B—Preventing Childhood 

13 Obesity in Schools 

14 SEC. 311. PREVENTING CHILDHOOD OBESITY IN SCHOOLS. 

15 (a) IN GENERAL.—Part S of title III of the Public 

16 Health Service Act (as added by section 301) is amended 

17 by adding at the end the following: 

18 ‘‘SEC. 399BB–1. PREVENTING CHILDHOOD OBESITY IN 

19 SCHOOLS. 

20 ‘‘(a) IN GENERAL.—The Secretary, in collaboration 

21 with the Director of the Centers for Disease Control and 

22 Prevention, the Secretary of Education, the Secretary of 

23 Agriculture, and the Secretary of the Interior shall estab24 lish and implement activities to prevent obesity by encour-
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1 aging healthy nutrition choices and physical activity in 

2 schools. 

3 ‘‘(b) SCHOOLS.—The Secretary, in consultation with 

4 the Secretary of Education, shall require that each local 

5 educational agency that receives Federal funds establish 

6 policies to ban vending machines that sell foods of poor 

7 or minimal nutritional value in schools. 

8 ‘‘(c) SCHOOL DISTRICTS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall award 

10 grants to local educational agencies to enable ele11 mentary and secondary schools to promote good nu12 trition and physical activity among children. 

13 ‘‘(2) CAROL M. WHITE PHYSICAL EDUCATION

14 PROGRAM.—The Secretary of Education, in collabo15 ration with the Secretary, may give priority in 

16 awarding grants under the Carol M. White Physical 

17 Education Program under subpart 10 of part D of 

18 title V of the Elementary and Secondary Education 

19 Act of 1965 to local educational agencies and other 

20 eligible entities that have a plan to— 

21 ‘‘(A) implement behavior change curricula 

22 that promotes the concepts of energy balance, 

23 good nutrition, and physical activity; 

24 ‘‘(B) implement policies that encourage the 

25 appropriate portion sizes and limit access to 
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1 soft drinks or other foods of poor or minimal 

2 nutritional value on school campuses, and at 

3 school events; 

4 ‘‘(C) provide age-appropriate daily physical 

5 activity that helps students to adopt, maintain, 

6 and enjoy a physically active lifestyle; 

7 ‘‘(D) maintain a minimum number of func8 tioning water fountains (based on the number 

9 of individuals) in school buildings; 

10 ‘‘(E) prohibit advertisements and mar11 keting in schools and on school grounds for 

12 foods of poor or minimal nutritional value such 

13 as fast foods, soft drinks, and candy; and 

14 ‘‘(F) develop and implement policies to 

15 conduct an annual assessment of each student’s 

16 body mass index and provide such assessment 

17 to the student and the parents of that student 

18 with appropriate referral mechanisms to ad19 dress concerns with respect to the results of 

20 such assessments. 

21 ‘‘(3) GRANTS FOR ADDITIONAL ACTIVITIES.— 

22 The Director of the Centers for Disease Control and 

23 Prevention, in collaboration with the Secretary, the 

24 Secretary of Agriculture, and the Secretary of Edu-
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1 cation, shall award grants for the implementation 

2 and evaluation of activities that— 

3 ‘‘(A) educate students about the health 

4 benefits of good nutrition and moderate or vig5 orous physical activity by integrating it into 

6 other subject areas and curriculum; 

7 ‘‘(B) provide food options that are low in 

8 fat, calories, and added sugars such as fruit, 

9 vegetables, whole grains, and dairy products; 

10 ‘‘(C) develop and implement guidelines for 

11 healthful snacks and foods for sale in vending 

12 machines, school stores, and other venues with13 in the school’s control; 

14 ‘‘(D) restrict student access to vending 

15 machines, school stores, and other venues that 

16 contain foods of poor or minimal nutritional 

17 value; 

18 ‘‘(E) encourage adherence to single-portion 

19 sizes, as defined by the Food and Drug Admin20 istration, in foods offered in the school environ21 ment; 

22 ‘‘(F) provide daily physical education for 

23 students in prekindergarten through grade 12 

24 through programs that are consistent with the 

25 Guidelines for Physical Activity as reported by 
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1 Centers for Disease Control and Prevention and 

2 the American College of Sports Medicine and 

3 National Physical Education Standards; 

4 ‘‘(G) encourage the use of school facilities 

5 for physical activity programs offered by the 

6 school or community-based organizations out7 side of school hours; 

8 ‘‘(H) promote walking or bicycling to and 

9 from school using such programs as Walking 

10 School Bus and Bike Train; 

11 ‘‘(I) train school personnel in a manner 

12 that provides such personnel with the knowl13 edge and skills needed to effectively teach life14 long healthy eating and physical activity; and 

15 ‘‘(J) evaluate the impact of school nutri16 tion and physical education programs and facili17 ties on body mass index and related fitness cri18 teria at annual intervals to determine the extent 

19 to which national guidelines are met. 

20 ‘‘(d) EVALUATION.—Not later than 3 years after the 

21 date on which a grant is awarded under this section, the 

22 grantee shall submit to the Director of the Centers for 

23 Disease Control and Prevention a report that describes the 

24 activities carried out with funds received under the grant 
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1 and the effectiveness of such activities in improving nutri2 tion and increasing physical activity. 

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to carry out this section, 

5 $50,000,000 for each of fiscal years 2006 through 2010.’’. 

6 (b) CAROL M. WHITE PHYSICAL EDUCATION PRO7 GRAM.—Subpart 10 of part D of title V of the Elementary 

8 and Secondary Education Act of 1965 (20 U.S.C. 7261 

9 et seq.) is amended by adding at the end the following: 

10 ‘‘SEC. 5508. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘There are authorized to be appropriated to carry out 

12 this subpart, $150,000,000 for each of fiscal years 2006 

13 through 2010.’’. 

14 Subtitle C—Preventing Childhood 

15 Obesity in Afterschool Programs 

16 SEC. 321. CHILDHOOD OBESITY PREVENTION GRANTS TO 

17 AFTERSCHOOL PROGRAMS. 

18 Part S of title III of the Public Health Service Act 

19 (as amended by section 311) is further amended by adding 

20 at the end the following: 

21 ‘‘SEC. 399BB–2. CHILDHOOD OBESITY PREVENTION GRANTS 

22 TO AFTERSCHOOL PROGRAMS. 

23 ‘‘(a) IN GENERAL.—The Secretary, in collaboration 

24 with the Director of the Centers for Disease Control and 

25 Prevention and the Secretary of Education, shall award 
27 

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1 grants for the development of obesity prevention behavior 

2 change curricula for afterschool programs for children. 

3 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

4 under this section, an entity shall— 

5 ‘‘(1) be an academic center collaborating with a 

6 public or private nonprofit organization that has the 

7 capability of testing behavior change curricula in 

8 service delivery settings and disseminating results to 

9 afterschool programs on a nationwide basis, except 

10 that an organization testing the behavior change 

11 curricula developed under the grant shall implement 

12 a model of afterschool programming that shall— 

13 ‘‘(A) focus on afterschool programs for 

14 children up to the age of 13 years; 

15 ‘‘(B) promote the overall health and well16 being of children and youth; and 

17 ‘‘(C) adhere to established quality stand18 ards; and 

19 ‘‘(2) submit to the Secretary an application at 

20 such time, in such manner, and containing such 

21 agreements, assurances, and information as the Sec22 retary may require. 

23 ‘‘(c) PRIORITY.—In awarding grants under this sec24 tion, the Secretary shall give priority to eligible entities 

25 submitting applications proposing to develop, implement, 
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1 and evaluate programs for preventing and controlling 

2 childhood obesity or reducing health disparities in under3 served populations. 

4 ‘‘(d) USE OF FUNDS.—An eligible entity shall use 

5 amounts received under a grant under this section to de6 velop, implement, and evaluate, and disseminate the re7 sults of such evaluations, the impact of curricula for after8 school programs that promote— 

9 ‘‘(1) age-appropriate portion sizes; 

10 ‘‘(2) consumption of fruits and vegetables and 

11 low-energy dense foods; 

12 ‘‘(3) physical activity; and 

13 ‘‘(4) reduction in television viewing and other 

14 passive activities. 

15 ‘‘(e) EVALUATION.—Not later than 3 years after the 

16 date on which a grant is awarded under this section, the 

17 grantee shall submit to the Secretary a report that de18 scribed the activities carried out with funds received under 

19 the grant and the effectiveness of such activities in pre20 venting obesity, improving nutrition, and increasing phys21 ical activity. 

22 ‘‘(f) INCORPORATION OF POLICIES INTO FEDERAL

23 PROGRAMS.—The Secretary, in consultation with the 

24 heads of other Federal departments and agencies, shall 

25 ensure that policies that prevent childhood obesity are in-
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1 corporated into evidence-based afterschool programs in a 

2 manner that provides for measurable outcomes. 

3 ‘‘(g) DEFINITION.—In this section, the term ‘after4 school programs’ means programs providing structured 

5 activities for children during out-of-school time, including 

6 before school, after school, and during the summer 

7 months. 

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

9 is authorized to be appropriated to carry out this section, 

10 $25,000,000 for each of fiscal years 2006 through 2010.’’. 

11 Subtitle D—Training Early Child12 hood and Afterschool Profes13 sionals to Prevent Childhood 

14 Obesity 

15 SEC. 331. TRAINING EARLY CHILDHOOD AND AFTER16 SCHOOL PROFESSIONALS TO PREVENT 

17 CHILDHOOD OBESITY. 

18 Part S of title III of the Public Health Service Act 

19 (as amended by section 321) is further amended by adding 

20 at the end the following: 

21 ‘‘SEC. 399BB–3. TRAINING EARLY CHILDHOOD AND AFTER22 SCHOOL PROFESSIONALS TO PREVENT 

23 CHILDHOOD OBESITY. 

24 ‘‘(a) IN GENERAL.—The Secretary, acting through 

25 the Administrator of the Health Resources and Services 
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1 Administration, shall award grants to support the training 

2 of early childhood professionals (such as parent educators 

3 and child care providers) about obesity prevention, with 

4 emphasis on nationally accepted standards. 

5 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

6 under this section, an entity shall— 

7 ‘‘(1) be a public or private nonprofit organiza8 tion that conducts or supports early childhood and 

9 afterschool programs, home visitation, or other ini10 tiatives that— 

11 ‘‘(A) focus on parental education and care 

12 of children; 

13 ‘‘(B) promote the overall health and well14 being of children; 

15 ‘‘(C) adhere to established quality stand16 ards; and 

17 ‘‘(D) have the capability to provide or dis18 tribute training on a nationwide basis; and 

19 ‘‘(2) submit to the Secretary an application at 

20 such time, in such manner, and containing such 

21 agreements, assurances, and information as the Sec22 retary may require. 

23 ‘‘(c) EVALUATION.—Not later than 3 years after the 

24 date on which a grant is awarded under this section, the 

25 grantee shall submit to the Administrator of the Health 
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1 Resources and Services Administration a report that de2 scribes the activities carried out with funds received under 

3 the grant and the effectiveness of such activities in im4 proving the practice of child care and afterschool profes5 sionals with respect to the prevention of obesity. 

6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to carry out this section, 

8 $10,000,000 for each of fiscal years 2006 through 2010.’’. 

9 Subtitle E—Preventing Childhood 

10 Obesity in Communities 

11 SEC. 341. PREVENTING CHILDHOOD OBESITY IN COMMU12 NITIES. 

13 Part S of title III of the Public Health Service Act 

14 (as amended by section 331) is further amended by adding 

15 at the end the following: 

16 ‘‘SEC. 399BB–4. PREVENTING CHILDHOOD OBESITY IN COM17 MUNITIES. 

18 ‘‘(a) IN GENERAL.—The Director of the Centers for 

19 Disease Control and Prevention, in collaboration with the 

20 Secretary, the Secretary of Transportation, and Secretary 

21 of the Interior, shall award grants and implement activi22 ties to encourage healthy nutrition and physical activity 

23 by children in communities. 

24 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

25 under this section, an entity shall— 
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1 ‘‘(1) be a public or private nonprofit organiza2 tion or community-based organizations that conduct 

3 initiatives that— 

4 ‘‘(A) focus on parental education and care 

5 of children; 

6 ‘‘(B) promote the overall health and well7 being of children; 

8 ‘‘(C) adhere to established quality stand9 ards; and 

10 ‘‘(D) have the capability to provide train11 ing on a nationwide basis; and 

12 ‘‘(2) submit to the Secretary an application at 

13 such time, in such manner, and containing such 

14 agreements, assurances, and information as the Sec15 retary may require. 

16 ‘‘(c) COMMUNITIES.— 

17 ‘‘(1) IN GENERAL.—The Director of the Cen18 ters for Disease Control and Prevention, in collabo19 ration with the Secretary, the Secretary of Trans20 portation, and Secretary of the Interior, shall award 

21 grants to eligible entities to develop broad partner22 ships between private and public and nonprofit enti23 ties to promote healthy nutrition and physical activ24 ity for children by assessing, modifying, and improv25 ing community planning and design. 
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1 ‘‘(2) ACTIVITIES.—Amounts awarded under a 

2 grant under paragraph (1) shall be used for the im3 plementation and evaluation of activities— 

4 ‘‘(A) to create neighborhoods that encour5 age healthy nutrition and physical activity; 

6 ‘‘(B) to promote safe walking and biking 

7 routes to schools; 

8 ‘‘(C) to design pedestrian zones and con9 struct safe walkways, cycling paths, and play10 grounds; 

11 ‘‘(D) to implement campaigns, in commu12 nities at risk for sedentary activity, designed to 

13 increase levels of physical activity, which should 

14 be evidence-based, and may incorporate infor15 mational, behavioral, and social, or environ16 mental and policy change interventions; 

17 ‘‘(E) to implement campaigns, in commu18 nities at risk for poor nutrition, that are de19 signed to promote intake of foods by children 

20 consistent with established dietary guidelines 

21 through the use of different types of media in22 cluding television, radio, newspapers, movie the23 aters, billboards, and mailings; and 

24 ‘‘(F) to implement campaigns, in commu25 nities at risk for poor nutrition, that promote 
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1 water as the main daily drink of choice for chil2 dren through the use of different types of media 

3 including television, radio, newspapers, movie 

4 theaters, billboards, and mailings. 

5 ‘‘(d) EVALUATION.—Not later than 3 years after the 

6 date on which a grant is awarded under this section, the 

7 grantee shall submit to the Director of the Centers for 

8 Disease Control and Prevention a report that describes the 

9 activities carried out with funds received under the grant 

10 and the effectiveness of such activities in increasing phys11 ical activity and improving dietary intake. 

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to carry out this section, 

14 $50,000,000 for each of fiscal years 2006 through 2010.’’. 

15 SEC. 342. GRANTS AND CONTRACTS FOR A NATIONAL CAM16 PAIGN TO CHANGE CHILDREN’S HEALTH BE17 HAVIORS. 

18 Section 399Y of the Public Health Service Act (42 

19 U.S.C. 280h–2) is amended by striking subsection (b) and 

20 inserting the following: 

21 ‘‘(b) GRANTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary, acting 

23 through the Director of the Centers for Disease 

24 Control and Prevention, shall award grants or con25 tracts to eligible entities to design and implement 
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1 culturally and linguistically appropriate and com2 petent campaigns to change children’s health behav3 iors. 

4 ‘‘(2) ELIGIBLE ENTITY.—In this subsection, the 

5 term ‘eligible entity’ means a marketing, public rela6 tions, advertising, or other appropriate entity. 

7 ‘‘(3) CONTENT.—An eligible entity that receives 

8 a grant under this subsection shall use funds re9 ceived through such grant or contract to utilize mar10 keting and communication strategies to— 

11 ‘‘(A) communicate messages to help young 

12 people develop habits that will foster good 

13 health over a lifetime; 

14 ‘‘(B) provide young people with motivation 

15 to engage in sports and other physical activi16 ties; 

17 ‘‘(C) influence youth to develop good 

18 health habits such as regular physical activity 

19 and good nutrition; 

20 ‘‘(D) educate parents of young people on 

21 the importance of physical activity and improv22 ing nutrition, how to maintain healthy behav23 iors for the entire family, and how to encourage 

24 children to develop good nutrition and physical 

25 activity habits; and 
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1 ‘‘(E) discourage stigmatization and dis2 crimination based on body size or shape. 

3 ‘‘(4) REPORT.—The Secretary shall evaluate 

4 the effectiveness of the campaign described in para5 graph (1) in changing children’s behaviors and re6 port such results to the Committee on Health, Edu7 cation, Labor, and Pensions of the Senate and the 

8 Committee on Energy and Commerce of the House 

9 of Representatives. 

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated to carry out this section, 

12 $125,000,000 for fiscal year 2006, and such sums as may 

13 be necessary for each of fiscal years 2007 through 2011.’’. 

14 SEC. 343. PREVENTION OF CHILDHOOD OBESITY RE15 SEARCH THROUGH THE NATIONAL INSTI16 TUTES OF HEALTH. 

17 (a) IN GENERAL.—The Director of the National In18 stitutes of Health, in accordance with the National Insti19 tutes of Health’s Strategic Plan for Obesity Research, 

20 shall expand and intensify research that addresses the pre21 vention of childhood obesity. 

22 (b) PLAN.—The Director of the National Institutes 

23 of Health shall— 
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1 (1) conduct or support research programs and 

2 research training concerning the prevention of obe3 sity in children; and 

4 (2) develop and periodically review, and revise 

5 as appropriate, the Strategic Plan for Obesity Re6 search. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section, 

9 such sums as may be necessary for each of fiscal years 

10 2006 through 2011. Amounts appropriated under this sec11 tion shall be in addition to other amounts available for 

12 carrying out activities of the type described in this section. 

13 SEC. 344. RESEARCH ON THE RELATIONSHIP BETWEEN THE 

14 PHYSICAL ACTIVITY OF CHILDREN AND THE 

15 BUILT ENVIRONMENT. 

16 Part S of title III of the Public Health Service Act 

17 (as amended by section 341) is further amended by adding 

18 at the end the following: 

19 ‘‘SEC. 399BB–5. RESEARCH ON THE RELATIONSHIP BE20 TWEEN THE PHYSICAL ACTIVITY OF CHIL21 DREN AND THE BUILT ENVIRONMENT. 

22 ‘‘(a) IN GENERAL.—The Secretary shall support re23 search efforts to promote physical activity in children 

24 through enhancement of the built environment. 
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1 ‘‘(b) ELIGIBILITY.—In this section, the term ‘eligible 

2 institution’ means a public or private nonprofit institution 

3 that submits to the Secretary an application at such time, 

4 in such manner, and containing such agreements, assur5 ances, and information as the Secretary may require. 

6 ‘‘(c) GRANT PROGRAMS.— 

7 ‘‘(1) RESEARCH.—The Secretary, in collabora8 tion with the Transportation Research Board of the 

9 National Research Council, shall award grants to eli10 gible institutions to expand, intensify, and coordi11 nate research that will— 

12 ‘‘(A) investigate and define causal links be13 tween the built environment and levels of phys14 ical activity in children; 

15 ‘‘(B) include focus on a variety of geo16 graphic scales, with particular focus given to 

17 smaller geographic units of analysis such as 

18 neighborhoods and areas around elementary 

19 schools and secondary schools; 

20 ‘‘(C) identify or develop effective interven21 tion strategies to promote physical activity 

22 among children with focus on behavioral inter23 ventions and enhancements of the built environ24 ment that promote increased use by children; 

25 and 
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1 ‘‘(D) assure the generalizability of inter2 vention strategies to high-risk populations and 

3 high-risk communities, including low-income 

4 urban and rural communities. 

5 ‘‘(2) INTERVENTION PILOT PROGRAMS.—The 

6 Secretary, in collaboration with the Transportation 

7 Research Board of the National Research Council 

8 and with appropriate Federal agencies, shall award 

9 grants to pilot test the intervention strategies identi10 fied or developed through research activities de11 scribed in paragraph (1) relating to increasing use 

12 of the built environment by children. 

13 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 such sums as may be necessary for each of fiscal years 

16 2006 through 2010. 

17 ‘‘SEC. 399BB–6. DEFINITIONS. 

18 ‘‘For purposes of this part, the definitions contained 

19 in section 401 of the Prevention of Childhood Obesity Act 

20 shall apply.’’. 

21 TITLE IV—MISCELLANEOUS 

22 PROVISIONS 

23 SEC. 401. DEFINITIONS. 

24 In this Act: 
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1 (1) CHILDHOOD.—The term ‘‘childhood’’ means 

2 children and youth from birth to 18 years of age. 

3 (2) CHILDREN.—The term ‘‘children’’ means 

4 children and youth from birth through 18 years of 

5 age. 

6 (3) FOOD OF POOR OR MINIMAL NUTRITIONAL

7 VALUE.—The term ‘‘food of poor or minimal nutri8 tional value’’ has the meaning given the term ‘‘food 

9 of minimal nutritional value’’ for purposes of the 

10 Richard B. Russell National School Lunch Act (42 

11 U.S.C. 1751 et seq.) and part 210 of title 7, Code 

12 of Federal Regulations. 

13 (4) OBESITY AND OVERWEIGHT.—The terms 

14 ‘‘obesity’’ and ‘‘overweight’’ have the meanings given 

15 such terms by the Centers for Disease Control and 

16 Prevention. 

17 (5) OBESITY CONTROL.—The term ‘‘obesity 

18 control’’ means programs or activities for the pre19 vention of excessive weight gain. 

20 (6) OBESITY PREVENTION.—The term ‘‘obesity 

21 prevention’’ means prevention of obesity or over22 weight. 

Æ