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THIRTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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S.B. No. 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
According to the Centers for Disease Control and Prevention in the United States, obesity 
may soon overtake tobacco as the leading preventable cause of death. 
In 1999, 13% of children aged six (6) to eleven (1 1) years and 14% of adolescents aged 
twelve (12) to nineteen (19) years in the United States were overweight. This prevalence has 
nearly tripled for adolescents in the past 2 decades. 
Risk factors for heart disease, such as high cholesterol and high blood pressure, occur 
with increased frequency in overweight children and adolescents compared to children with a 
healthy weight. Type 2 diabetes, previously considered an adult disease, has increased 
dramatically in children and adolescents. Overweight and obesity are closely linked to type 2 
diabetes. 
Obesity in children and adolescents is generally caused by a lack of physical activity, 
unhealthy eating patterns, or a combination of the two, with genetics and lifestyle both playing 
important roles in determining a child's weight. Overweight adolescents have a 70% chance of 
becoming overweight or obese adults. 
Substantial evidence shows that public health risks can be reduced through increased 
public awareness and cornmupity involvement. 
This bill seeks to reduce and prevent childhood obesity by encouraging schools to 
develop and implement local, school-based programs designed to reduce and prevent childhood 
obesity, promote increased physical activity, and improve nutritional choices. 
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MIRIAM DEF NSOR 


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THIRTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
1 
First Regular Session 
1 
, 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO REDUCE AND PREVENT CHILDHOOD OBESITY BY ENCOURAGING SCHOOLS 
REDUCE AND PREVENT CHILDHOOD OBESITY, PROMOTE INCREASED PHYSICAL 
ACTIVITY. AND IMPROVE NUTRITIONAL CHOICES 
TO DEVELOP AND IMPLEMENT LOCAL, SCHOOL-BASED PROGRAMS DESIGNED TO 
Be it enacted by the Senate and House ofRepresentatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. - 
This Act shall be known as the “Childhood Obesity Reduction 
Act of 2005.” 
SECTION 2. Definition ofTerms. - 
As used in this Act, the term: 
(1) “Obesity” - refers to the condition of being significantly overweight. It is usually 
applied to a condition of 30 percent (30%) or more over ideal body weight. 
(2) “Council” - refers to the Congressional Council On Childhood Obesity. 
(3) “ Foundation” - refers to the National Foundation for the Prevention and Reduction of 
Childhood Obesity. 
(4) “Board” -refers to the Board of Directors. 
(5) “Director” -refers to the Executive Director. 
(6) “Chairperson” -refers to the Chairperson of the Board. 
(7) “Secretary” - refers to the Secretary of Health. 
(8) “DOH” -refers to the Department of Health. 
(9) “Committee” - refers to the Committee for Establishment of Foundation. 
(IO) “Government” -refers to the National Government. 
SECTION 3. Congressional Council on Childhood Obesity. - 
(1) ESTABLISHMENT OF COUNCIL. - There is established a “Congressional Council 
on Childhood Obesity.” 


(2) PURPOSES. - The purposes of the Council shall be: 
(a) to encourage every elementary school and high school, whether public or 
private, to develop and implement a plan to reduce and prevent obesity, promote 
improved nutritional choices, and promote increased physical activity among 
students; and 
(b) to provide information as necessary to tertiary schools. 
SECTION 4. Membership of the Council. - 
(1) COMPOSITION OF THE COUNCIL. - The Council shall be composed of eight (8) 
members as follows: 
(a) The majority leader of the Senate or the designee of the majority leader of the 
Senate. 
(b) The minority leader of the Senate or the designee of the minority leader of the 
Senate. 
(c) The Speaker of the House,of Representatives or the designee of the Speaker of 
the House of Representatives. 
(d) The minority leader of the House of Representatives or the designee of the 
minority leader of the House of Representatives. 
(e) Four (4) citizen members to be appointed in accordance with subsection (2) 
below. 
(2) APPOINTMENT OF CITIZEN COUNCIL MEMBERS. - 
(a) METHOD OF APPOINTMENT. - For the purpose of subsection (l)(e), each 
of the four (4) members described in paragraphs (a) through (d) of subsection (1) 
shall appoint to the Council a citizen who is an expert on children's health, 
nutrition, or physical activity. 
(b) DATE OF APPOINTMENT. - The appointments made under paragraph (1) 
shall be made not later than 120 days aRer the date of enactment of this Act. 
(3) VACANCIES, - Any vacancy in the Council shall not affect its powers, but shall be 
filled in the manner in which the original appointment was made under subsection (1). 


(4) CHAIRPERSON. - The members of the Council shall elect, from among the members 
of the Council, a Chairperson. 
(5) INITIAL MEETING. - The Council shall hold its first meeting not later than 120 days 
after the date of enactment of this Act. 
SECTION 5. Responsibilities of the Council. - 
(1) IN GENERAL. - The Council shall engage in the following activities: 
(a) Work with outside experts to develop the Congressional Challenge to Reduce 
and prevent Childhood Obesity, which shall include the development of model 
plans to reduce and prevent childhood obesity that can be adopted or adapted by 
elementary schools or middle schools that participate. 
(b) Develop and maintain a website that is updated not less than once a month on 
best practices for reducing and preventing childhood obesity. 
(c) Assist in helping elementary schools and high schools in establishing goals for 
the healthy reduction and prevention of childhood obesity. 
(d) Reward elementary schools, high schools, and local educational agencies 
promoting innovative, successful strategies in reducing and preventing childhood 
obesity. 
(e) Provide information to tertiary schools. 
(2) CONGRESSIONAL CHALLENGE WINNERS. - 
(a) IN GENERAL. - The Council shall - 
(i) evaluate plans submitted by elementary schools, high schools, and 
local educational agencies under paragraph (b); 
(ii) designate the plans submitted under paragraph (b) that meet the criteria 
under paragraph (c) as Congressional Challenge winners; and 
(iii) post the plans of the Congressional Challenge winners designated 
under subparagraph (ii) on the website o€ the Council as model plans for 
reducing and preventing childhood obesity. 


(b) SUBMISSION OF PLANS. - Each elementary school, high school, or local 
educational agency that desires to have the plan to reduce and prevent childhood 
obesity of such entity designated as a Congressional Challenge winner shall 
submit to the Council such plan at such time, in such manner, and accompanied 
by such information as the Council may reasonably require. 
(c) SELECTION CRITERIA. - 
(i) IN GENERAL. - The Council shall evaluate plans submitted by 
elementary schools, high schools, and local educational agencies under 
paragraph (b) and shall designate as Congressional Challenge winners the 
plans that - 
(aa) show promise in successfully increasing physical activity, 
improving nutrition, and reducing and preventing obesity; or 
(bb) have maintained efforts in assisting children in increasing 
physical activity, improving nutrition, and reducing and preventing 
obesity. 
(ii) CRITERIA. - The Council shall make the determination under 
subparagraph (i) based on the following criteria: 
(aa) Strategies based on evaluated interventions. 
(bb) The number of children in the community in need of 
assistance in addressing obesity and the potential impact of the 
proposed plan. 
(cc) The involvement in the plan of the community served by the 
school or local educational agency. 
(dd) Other criteria as determined by the Council. 
(2) MEETINGS. - The Council shall hold not less than one (1) meeting each year, and all 
meetings of the Council shall be public meetings, preceded by a publication of notice in at least 
two (2) newspapers of general circulation. 


SECTION 6. Administrative Matters. - 
(1) PROHIBITION OF PAY. - Members of the Council shall receive no pay, allowances, 
or benefits by reason of their service on the Council. 
(2) STAFF. - The Chairperson of the Council may appoint and terminate, as may be 
necessary to enable the Council to perform its duties, not more than five (5) staff personnel, all 
of whom shall be considered employees of the Senate. 
SECTION 7. Authorization ofAppropria1ion.s. -To carry out the provisions of this Act, 
such sum as may be necessary is hereby authorized to be appropriated from the National 
Treasury. 
SECTION 8. Estublishment and Duties of Foundation. - 
(1) IN GENERAL. - There shall be established in accordance with this section a 
nonprofit private corporation to be known as the National Foundation for the Prevention and 
Reduction of Childhood Obesity. The Foundation shall not be an agency or instrumentality of the 
Government, and officers, employees, and members of the board of the Foundation shall not be 
officers or employees of the Government. 
(2) PURPOSE OF FOUNDATION. - The purpose of the Foundation shall be to support 
and carry out activities for the prevention and reduction of childhood obesity through school- 
based activities. 
(3) ENDOWMENT FUND. - 
(a) IN GENERAL. - In carrying out subsection (2), the Foundation shall establish 
a fund for providing endowments for positions that are associated with the 
Council and the DOH and dedicated to the purpose described in such subsection. 
Subject to subsection (7)(a)(ii), the fund shall consist of such donations as may be 
provided by non-governmental entities and such non-governmental assets of the 
Foundation (including earnings of the Foundation and the h i d )  as the Foundation 
may elect to transfer to the fund. 
(b) AUTHORIZED EXPENDITURES OF FUND. - The provision of 
endowments under paragraph (a) shall be the exclusive function of the fund 


established under such paragraph. Such endowments may be expended only for 
the compensation of individuals holding the positions, for staff, equipment, 
quarters, travel, and other expenditures that are appropriate in supporting the 
positions, and for recruiting individuals to hold the positions endowed by the 
fund. 
(4) CERTAIN ACTIVITIES OF FOUNDATION. - In carrying out subsection (2), the 
Foundation may provide for the following with respect to the purpose described in such 
subsection: 
(a) Evaluate and make known the effectiveness of model plans used by schools to 
reduce and prevent childhood obesity. 
(b) Create a website to assist in the distribution of successful plans, best practices, 
and other information to assist elementary schools, middle schools, and the public 
to develop and implement efforts to reduce and prevent childhood obesity. 
(c) Participate in meetings, conferences, courses, and training workshops. 
(d) Assist in the distribution of data concerning childhood obesity. 
(e) Make Challenge awards, pursuant to subsection (5), to elementary schools, 
middle schools, and local educational agencies for the successful development 
and implementation of school-based plans. 
(f) Other activities to cany out the purpose described in subsection (2). 
( 5 )  CHALLENGE AWARDS. - 
(a) PROGRAM AUTHORIZED. - The Foundation may provide Challenge 
awards to elementary schools, high schools, and local educational agencies that 
submit applications under paragraph (b). 
(b) APPLICATION. - Each elementary school, high school, or local educational 
agency that desires to receive a Challenge award under this subsection shall 
submit an application that includes a plan to reduce and prevent childhood obesity 
to the Foundation at such time, in such manner, and accompanied by such 
additional information as the Foundation may reasonably require. 
(c) SELECTION CRITERIA. - In the program authorized under paragraph (a), 
the Foundation shall provide Challenge awards based on - 


(i) the success of the plans of the elementary schools, high schools, and 
local educational agencies in meeting the plans' stated goals; 
(ii) the number of children in the community served by the elementary 
school, middle school, or local educational agency who are in need of 
assistance in addressing obesity; and 
(iii) other criteria as determined by the Foundation. 
(6) GENERAL STRUCTURE OF FOUNDATION; NONPROFIT STATUS. - 
(a) BOARD OF DIRECTORS. - The Foundation shall have a board of directors, 
which shall be established and conducted in accordance with subsection (7). The 
Board shall establish the general policies of the Foundation for carrying out 
subsection (2), including the establishment of the bylaws of the Foundation. 
(b) EXECUTIVE DIRECTOR. - The Foundation shall have an Executive 
Director, who shall be appointed by the Board, who shall serve at the pleasure of 
the Board, and for whom the Board shall establish the rate of compensation. 
Subject to compliance with the policies and bylaws established by the Board 
pursuant to paragraph (a), the Director shall be responsible for the daily 
operations of the Foundation in carrying out subsection (2). 
(c) NONPROFIT STATUS. - In carrying out subsection (2), the Board shall 
establish such policies and by-laws under paragraph (a), and the Director shall 
carry out such activities under paragraph (b), as may be necessary to ensure that 
the Foundation maintains status as an organization. 
(7) BOARD OF DIRECTORS. - 
(a) CERTAIN BY-LAWS. - 
(i) INCLUSIONS. - In establishing by-laws under subsection (6)(a), the 
Board shall ensure that the by-laws of the Foundation include by-laws for 
the following: 
(aa) Policies for the selection of the officers, employees, agents, 
and contractors of the Foundation. 


(bb) Policies, including ethical standards, for the acceptance and 
disposition of donations to the Foundation and for the disposition 
of the assets of the Foundation. 
(cc) Policies for the conduct of the general operations of the 
Foundation. 
(dd) Policies for writing, editing, printing, and publishing of books 
and other materials, and the acquisition of patents and licenses for 
devices and procedures developed by the Foundation. 
(ii) EXCLUSIONS. - In establishing bylaws under subsection (6)(a), the 
Board shall ensure that the by-laws of the Foundation (and activities 
carried out under the by-laws) do not: 
(aa) reflect unfavorably upon the ability of the Foundation, or the 
Department, to carry out its responsibilities or official duties in a 
fair and objective manner; or 
(bb) compromise, or appear to compromise, the integrity of any 
governmental program or any officer or employee involved in such 
program. 
(b) COMPOSITION. - 
(i) IN GENERAL. - Subject to subparagraph (ii), the Board shall be 
composed of seven (7) individuals, appointed in accordance with 
paragraph (d), who collectively possess education or experience 
appropriate for representing the fields of children's health, nutrition, and 
physical fitness or organizations active in reducing and preventing 
childhood obesity. Each such individual shall be a voting member of the 
Board. 
(ii) GREATER NUMBER. - The Board may, through amendments to the 
bylaws of the Foundation, provide that the number of members of the 
Board shall be a greater number than the number specified in 
subparagraph (i). 


(c) CHAIRPERSON. - The Board shall, from among the members of the Board, 
designate an individual to serve as the Chairperson of the Board. 
(d) APPOINTMENTS? VACANCIES, AND TERMS. - Subject to subsection (1 1) 
(regarding the initial membership of the Board), the following shall apply to the 
Board: 
(i) Any vacancy in the membership of the Board shall be filled by 
appointment by the Board, after consideration of suggestions made by the 
Chairperson and the Director regarding the appointments. Any such 
vacancy shall be filled not later than the expiration of the 180-day period 
beginning on the date on which the vacancy occurs. 
(ii) The term of office of each member of the Board appointed under 
subparagraph (i) shall be five (5) years. A member of the Board may 
continue to serve after the expiration of the term of the member until the 
expiration of the 180-day period beginning on the date on which the term 
of the member expires. 
(iii) A vacancy in the membership of the Board shall not affect the power 
of the Board to carry out the duties of the Board. If a member of the Board 
does not serve the full term applicable under subparagraph (ii), the 
individual appointed to fill the resulting vacancy shall be appointed for the 
remainder of the term of the predecessor of the individual. 
(e) COMPENSATION. - Members of the Board may not receive compensation 
for service on the Board. 
(8) CERTAIN RESPONSIBILITIES OF EXECUTIVE DIRECTOR. - In carrying out 
subsection (6)(b), the Director shall carry out the following functions: 
(a) Hire, promote, compensate, and discharge officers and employees of the 
Foundation, and define the duties of the officers and employees. 
(b) Accept and administer donations to the Foundation, and administer the assets 
of the Foundation 
(c) Establish a process for the selection of candidates for holding endowed 
positions under subsection (3). 


(d) Enter into such financial agreements as are appropriate in carrying out the 
activities of the Foundation. 
(e) Take such action as may be necessary to acquire patents and licenses for 
devices and procedures developed by the Foundation and the employees of the 
Foundation. 
(f) Adopt, alter, and use a corporate seal, which shall be judicially noticed, 
(g) Commence and respond to judicial proceedings in the name of the Foundation. 
(h) Other functions that are appropriate in the determination of the Director. 
(9) GENERAL PROVISIONS. - 
(a) AUTHORITY FOR ACCEPTING FUNDS. - The Secretary may accept and 
utilize, on behalf of the Government, any gift, donation, bequest, or devise of real 
or personal property from the Foundation for the purpose of aiding or facilitating 
the work of the DOH. Funds may be accepted and utilized by the Secretary under 
the preceding sentence without regard to whether the funds are designated as 
general-purpose funds or special-purpose hnds. 
(b) AUTHORITY FOR ACCEPTANCE OF VOLUNTARY SERVICES. - 
(i) IN GENERAL. - The Secretary may accept, on behalf of the 
Government, any voluntary services provided to the DOH by the 
Foundation for the purpose of aiding or facilitating the work of the DOH. 
In the case of an individual, the Secretary may accept the services 
provided under the preceding sentence by the individual for not more than 
two (2) years. 
(ii) NON-GOVERNMENT EMPLOYEES. - The limitation established in 
subparagraph (i) regarding the period of time in which services may be 
accepted applies to each individual who is not an employee of the 
Government and who serves in association with the DOH pursuant to 
financial support from the Foundation. 
(c) ADMINISTRATIVE CONTROL. - No officer, employee, or member of the 
Board may exercise any administrative or managerial control over any National 
Government employee. 


(d) APPLICABILITY OF CERTAIN STANDARDS TO NON-GOVERNMENT 
EMPLOYEES. - In the case of any individual who is not an employee of the 
Government and who serves in association with the DOH pursuant to financial 
support from the Foundation, the Foundation shall negotiate a memorandum of 
understanding with the individual and the Secretary specifying that the 
individual- 
(i) shall be subject to the ethical and procedural standards regulating 
government employment, scientific investigation, and research findings 
(including publications and patents) that are required of individuals 
employed by the DOH, including standards under this Act; and 
(ii) shall be subject to such ethical and procedural standards. 
(e) FINANCIAL CONFLICTS OF INTEREST. - Any individual who is an 
officer, employee, or member of the Board may not directly or indirectly 
participate in the consideration or determination by the Foundation of any 
question affecting - 
(i) any direct or indirect financial interest of the individual; or 
(ii) any direct or indirect financial interest of any business organization or 
other entity of which the individual is an officer or employee or in which 
the individual has a direct or indirect financial interest. 
(Q AUDITS; AVAILABILITY OF RECORDS. - The Foundation shall - 
I 
(i) provide for biennial audits of the financial condition of the Foundation; 
and 
(ii) make such audits, and all other records, documents, and other papers 
of the Foundation, available to the Secretary and the Commission on Audit 
for examination or audit. 
(8) REPORTS. - 
(i) IN GENERAL. - Not later than February 1 of each fiscal year, the 
Foundation shall publish a report describing the activities of the 
Foundation during the preceding fiscal year. Each such report shall 
include for the fiscal year involved a comprehensive statement of the 


operations, activities, financial condition, and accomplishments of the 
Foundation. 
(ii) INCLUSIONS. - With respect to the financial condition of the 
Foundation, each report under subparagraph (i) shall include the source, 
and a description, of all gifts to the Foundation of real or personal 
property, and the source and amount of all gifts to the Foundation of 
money. Each such report shall include a specification of any restrictions 
on the purposes for which gifts to the Foundation may be used. 
(iii) PUBLIC INSPECTION. - The Foundation shall make copies of each 
report submitted under subparagraph (i) available for public inspection, 
and shall upon request provide a copy of the report to any individual for a 
charge not exceeding the cost of providing the copy. 
(h) LIAISONS. - The Secretary shall appoint liaisons to the Foundation from 
relevant government agencies. The Secretary of Agriculture shall designate 
liaisons to the Foundation as appropriate. 
(IO) GOVERNMENT FUNDING. - 
(a) AUTHORITY FOR ANNUAL GRANTS. - 
(i) IN GENERAL. - The Secretary shall - 
(aa) for fiscal year 2006, make a grant to an entity described in 
subsection (1 l)(i) (relating to the establishment of a committee to 
establish the Foundation); 
(bb) for fiscal years 2007 and 2008, make a grant to the committee 
established under such subsection, or if the Foundation has been 
established, to the Foundation; and 
(cc) for fiscal year 2009 and each subsequent fiscal year, make a 
grant to the Foundation. 
(ii) RULES ON EXPENDITURES. - A grant under subparagraph (i) may 
be expended - 


(aa) in the case of an entity receiving the grant under subparagraph 
(i)(aa), only for the purpose of carrying out the duties established 
in subsection (1 l)(i) for the entity; 
(bb) in the case of the committee established under subsection 
(1 l)(i), only for the purpose of carrying out the duties established 
in subsection (1 1) for the committee; and 
(cc) in the case of the Foundation, only for the purpose of the 
administrative expenses of the Foundation. 
(b) RESTRICTION. - A grant under subparagraph (i) may not be expended to 
provide amounts for the fund established under subsection (3). 
(c) UNOBLIGATED GRANT FUNDS. - For the purposes described in 
subparagraph (ii) - 
(aa) any portion of the grant made under subparagraph (i)(aa) for fiscal 
year 2006 that remains unobligated after the entity receiving the grant completes 
the duties established in subsection (ll)(i) for the entity shall be available to the 
committee established under such subsection; and 
(bb) any portion of a grant under subparagraph (i) made for fiscal year 
2006 or 2007 that remains unobligated after such committee completes the duties 
established in such subsection for the committee shall be available to the 
Foundation. 
(d) FUNDING FOR GRANTS, IN GENERAL. - To carry out the provisions of 
this Act, such amount as may be necessary is hereby authorized to be appropriated 
from the National Treasury. 
(e) CERTAIN RESTRICTION. - If the Foundation receives government funds 
for the purpose of serving as a fiscal intermediary between government agencies, 
the Foundation may not receive such funds for the indirect costs of carrying out 
such purpose in an aniount exceeding 10 percent (10%) of the direct costs of 
carrying out such purpose. The preceding sentence may not be construed as 
authorizing the expenditure of any grant under paragraph (1) for such purpose. 


(1 1) COMMITTEE FOR ESTABLISHMENT OF FOUNDATION. - 
(a) IN GENERAL. - There shall be established, in accordance with this subsection 
and subsection (lO)(a), a committee to carry out the functions described in 
paragraph (2). 
(b) FUNCTIONS. - The functions referred to in paragraph (1) for the Committee 
are as follows: 
(i) To carry out such activities as may be necessary to incorporate the 
Foundation under the laws of the State involved, including serving as 
incorporators for the Foundation. Such activities shall include ensuring 
that the articles of incorporation for the Foundation require that the 
Foundation be established and operated in accordance with the applicable 
provisions of this title (or any successor to this title), including such 
provisions as a a y  be in effect pursuant to amendments enacted after the 
date of enactment of this Act. 
(ii) To ensure that the Foundation qualifies for and maintains the status 
described in subsection (6)(c) (regarding taxation). 
(iii) To establish the general policies and initial by-laws of the Foundation, 
which bylaws shall include the by-laws described in subsections (6)(c) and 
(7x4. 
(iv) To provide for the initial operation of the Foundation, including 
providing for quarters, equipment, and staff. 
(v) To appoint the initial members of the Board in accordance with the 
requirements established in subsection (7)(b)(i) for the composition of the 
Board, and in accordance with such other qualifications as the Committee 
may determine to be appropriate regarding such composition. Of the 
members so appointed - 
(aa) 2 shall be appointed to serve for a term of three (3) years; 
(bb) 2 shall be appointed to serve for a term of four (4) years; and 
(cc) 3 shall be appointed to serve for a term of five (5) years. 


(c) COMPOSITION. - The Committee shall be composed of five (5) members, 
each of whom shall be a voting member. Of the members of the Committee - 
(i) no fewer than two (2) of the members shall have expertise in children's 
health, nutrition, and physical activity; and 
(ii) no fewer than two (2) of the members shall have broad, general 
experience in nonprofit private organizations (without regard to whether 
the individuals have experience in children's health, nutrition, and physical 
activity). 
(d) CHAIRPERSON. - The Committee shall, from among the members of the 
Committee, designate an individual to serve as the Chairperson of the Committee. 
(e) TERMS; VACANCIES. - The term of members of the Committee shall be for 
the duration of the Committee. A vacancy in the membership of the Committee 
shall not affect the power of the Committee to carry out the duties of the 
Committee. If a member of the Committee does not serve the full term, the 
individual appointed by the Secretary to fill the resulting vacancy shall be 
appointed for the remainder of the term of the predecessor of the individual. 
(0 COMPENSATION. - Members of the Committee may not receive 
compensation for service on the Committee. Members of the Committee may be 
reimbursed for travel, subsistence, and other necessary expenses incurred in 
carrying out the duties of the Committee. 
(9) COMMITTEE SUPPORT. - The Secretary may, from amounts available to 
the Secretary for the general administration of the DOH, provide staff and 
financial support to assist the Committee with carrying out the functions 
described in paragraph (2). In providing such staff and support, the Director may 
both detail employees and contract for assistance. 
@) GRANT FOR ESTABLISHMENT OF COMMITTEE. - 
(i) IN GENERAL. - With respect to a grant under qaragraph (a)(i)(aa) of 
subsection (10) for fiscal year 2006, an entity described in this paragraph 
is a private nonprofit entity with significant experience in children's 
health, nutrition, and physical activity. Not later than One Hundred Eighty 


(180) days after the date of enactment of this Act, the Secretary shall make 
the grant to such an entity (subject to the availability of funds mder 
paragraph (b) of such subsection). 
(ii) CONDITIONS. - The grant referred to in subparagraph (i) may be 
made to an entity only if the entity agrees that - 
(aa) the entity will establish a committee that is composed in 
accordance with paragraph (4); and 
(bb) the entity will not select an individual for membership on the 
Committee unless the individual agrees that the Committee will 
operate in accordance with each of the provisions of this 
subsection that relate to the operation of the Committee. 
(iii) AGREEMENT. - The Secretary may make a grant referred to in 
subparagraph (i) only if the applicant for the grant makes an agreement 
that the grant will not be expended for any purpose other than carrying out 
subparagraph (ii). Such a grant may be made only if an application for the 
grant is submitted to the Secretary containing such agreement, and the 
application is in such form, is made in such manner, and contains such 
other agreements and such assurances and information as the Secretary 
determines to be necessary to carry out this paragraph. 
SECTION 9. Separability Clause. - 
If any provision, or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 10. Repealing Clause. - 
Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, any provision of this Act is hereby repealed, amended or modified accordingly. 


SECTION 11. Effectivity Clause. - 
This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
/alp