I 
109TH CONGRESS 
2D SESSION 
H. R. 4860 
To reduce and prevent childhood obesity by encouraging schools and school 
districts to develop and implement local, school-based programs designed 
to reduce and prevent childhood obesity, promote increased physical activ-
ity, and improve nutritional choices. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2006 
Ms. GRANGER (for herself and Mr. HOYER) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Education and the Workforce, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To reduce and prevent childhood obesity by encouraging 
schools and school districts to develop and implement 
local, school-based programs designed to reduce and pre-
vent childhood obesity, promote increased physical activ-
ity, and improve nutritional choices. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Childhood Obesity Re-
duction Act’’. 
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SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) According to the Centers for Disease Con-
trol and Prevention, obesity may soon overtake to-
bacco as the leading preventable cause of death. 
(2) In 1999, 13 percent of children aged 6 to 
11 years and 14 percent of adolescents aged 12 to 
19 years in the United States were overweight. This 
prevalence has nearly tripled for adolescents in the 
past 2 decades. 
(3) Risk factors for heart disease, such as high 
cholesterol and high blood pressure, occur with in-
creased frequency in overweight children and adoles-
cents compared to children with a healthy weight. 
(4) Type 2 diabetes, previously considered an 
adult disease, has increased dramatically in children 
and adolescents. Overweight and obesity are closely 
linked to type 2 diabetes. 
(5) Obesity in children and adolescents is gen-
erally caused by a lack of physical activity, 
unhealthy eating patterns, or a combination of the 
2, with genetics and lifestyle both playing important 
roles in determining a child’s weight. 
(6) Overweight adolescents have a 70 percent 
chance of becoming overweight or obese adults. 
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(7) The 2001 report ‘‘The Surgeon General’s 
Call to Action to Prevent and Decrease Overweight 
and Obesity’’ suggested that obesity and its com-
plications were already costing the United States 
$117,000,000,000 annually. 
(8) Substantial evidence shows that public 
health risks can be reduced through increased public 
awareness and community involvement. 
(9) Congress needs to challenge students, teach-
ers, school administrators, and local communities to 
voluntarily participate in the development and imple-
mentation of activities to successfully reduce and 
prevent childhood obesity. 
TITLE 
I—CONGRESSIONAL 
COUNCIL 
ON 
CHILDHOOD 
OBESITY 
SEC. 101. CONGRESSIONAL COUNCIL ON CHILDHOOD OBE-
SITY. 
(a) ESTABLISHMENT OF COUNCIL.—There is estab-
lished a ‘‘Congressional Council on Childhood Obesity’’ 
(referred to in this title as the ‘‘Council’’). 
(b) PURPOSES.—The purposes of the Council shall 
be— 
(1) to encourage every elementary school and 
middle school in the United States, whether public 
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or private, to develop and implement a plan to re-
duce and prevent obesity, promote improved nutri-
tional choices, and promote increased physical activ-
ity among students; and 
(2) to provide information as necessary to sec-
ondary schools. 
SEC. 102. MEMBERSHIP OF THE COUNCIL. 
(a) COMPOSITION OF THE COUNCIL.—The Council 
shall be composed of 8 members as follows: 
(1) The majority leader of the Senate or the 
designee of the majority leader of the Senate. 
(2) The minority leader of the Senate or the 
designee of the minority leader of the Senate. 
(3) The Speaker of the House of Representa-
tives or the designee of the Speaker of the House of 
Representatives. 
(4) The minority leader of the House of Rep-
resentatives or the designee of the minority leader of 
the House of Representatives. 
(5) 4 citizen members to be appointed in ac-
cordance with subsection (b). 
(b) APPOINTMENT
OF
CITIZEN
COUNCIL
MEM-
BERS.— 
(1) METHOD OF APPOINTMENT.—For the pur-
pose of subsection (a)(5), each of the 4 members de-
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scribed in paragraphs (1) through (4) of subsection 
(a) shall appoint to the Council a citizen who is an 
expert on children’s health, nutrition, or physical ac-
tivity. 
(2) DATE
OF
APPOINTMENT.—The appoint-
ments made under paragraph (1) shall be made not 
later than 120 days after the date of enactment of 
this Act. 
(c) VACANCIES.—Any vacancy in the Council shall 
not affect its powers, but shall be filled in the manner 
in which the original appointment was made under sub-
section (a). 
(d) CHAIRPERSON.—The members of the Council 
shall elect, from among the members of the Council, a 
Chairperson. 
(e) INITIAL MEETING.—The Council shall hold its 
first meeting not later than 120 days after the date of 
enactment of this Act. 
SEC. 103. RESPONSIBILITIES OF THE COUNCIL. 
(a) IN GENERAL.—The Council shall engage in the 
following activities: 
(1) Work with outside experts to develop the 
Congressional Challenge to Reduce and prevent 
Childhood Obesity, which shall include the develop-
ment of model plans to reduce and prevent childhood 
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obesity that can be adopted or adapted by elemen-
tary schools or middle schools that participate. 
(2) Develop and maintain a website that is up-
dated not less than once a month on best practices 
in the United States for reducing and preventing 
childhood obesity. 
(3) Assist in helping elementary schools and 
middle schools in establishing goals for the healthy 
reduction and prevention of childhood obesity. 
(4) Consult and coordinate with the President’s 
Council on Physical Fitness and other Federal Gov-
ernment initiatives conducting activities to reduce 
and prevent childhood obesity. 
(5) Reward elementary schools, middle schools, 
and local educational agencies promoting innovative, 
successful strategies in reducing and preventing 
childhood obesity. 
(6) Provide information to secondary schools. 
(b) CONGRESSIONAL CHALLENGE WINNERS.— 
(1) IN GENERAL.—The Council shall— 
(A) evaluate plans submitted by elemen-
tary schools, middle schools, and local edu-
cational agencies under paragraph (2); 
(B) designate the plans submitted under 
paragraph (2) that meet the criteria under 
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paragraph (3) as Congressional Challenge win-
ners; and 
(C) post the plans of the Congressional 
Challenge winners designated under subpara-
graph (B) on the website of the Council as 
model plans for reducing and preventing child-
hood obesity. 
(2) SUBMISSION OF PLANS.—Each elementary 
school, middle school, or local educational agency 
that desires to have the plan to reduce and prevent 
childhood obesity of such entity designated as a Con-
gressional Challenge winner shall submit to the 
Council such plan at such time, in such manner, and 
accompanied by such information as the Council 
may reasonably require. 
(3) SELECTION CRITERIA.— 
(A) IN
GENERAL.—The Council shall 
evaluate plans submitted by elementary schools, 
middle schools, and local educational agencies 
under paragraph (2) and shall designate as 
Congressional Challenge winners the plans 
that— 
(i) show promise in successfully in-
creasing physical activity, improving nutri-
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tion, and reducing and preventing obesity; 
or 
(ii) have maintained efforts in assist-
ing children in increasing physical activity, 
improving nutrition, and reducing and pre-
venting obesity. 
(B) CRITERIA.—The Council shall make 
the determination under subparagraph (A) 
based on the following criteria: 
(i) Strategies based on evaluated 
interventions. 
(ii) The number of children in the 
community in need of assistance in ad-
dressing obesity and the potential impact 
of the proposed plan. 
(iii) The involvement in the plan of 
the community served by the school or 
local educational agency. 
(iv) Other criteria as determined by 
the Council. 
(c) MEETINGS.—The Council shall hold not less than 
1 meeting each year, and all meetings of the Council shall 
be public meetings, preceded by a publication of notice in 
the Federal Register. 
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SEC. 104. ADMINISTRATIVE MATTERS. 
(a) PAY AND TRAVEL EXPENSES.— 
(1) PROHIBITION
OF
PAY.—Members of the 
Council shall receive no pay, allowances, or benefits 
by reason of their service on the Council. 
(2) TRAVEL EXPENSES.— 
(A) COMPENSATION
FOR
TRAVEL.—Each 
member of the Council shall be allowed travel 
expenses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agen-
cies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their 
homes or regular places of business in the per-
formance of services for the Council, to the ex-
tent funds are available under subparagraph 
(B) for such expenses. 
(B) LIMIT ON TRAVEL EXPENSES.—Travel 
expenses under subparagraph (A) shall be ap-
propriated from the amounts appropriated to 
the legislative branch and shall not exceed 
$1,000,000. 
(b) STAFF.—The Chairperson of the Council may ap-
point and terminate, as may be necessary to enable the 
Council to perform its duties, not more than 5 staff per-
sonnel, all of whom shall be considered employees of the 
Senate. 
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SEC. 105. TERMINATION OF COUNCIL. 
The Council shall terminate on September 30 of the 
second full fiscal year following the date of enactment of 
this Act. 
SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this title $2,200,000 for each of fiscal years 2007 and 
2008. 
TITLE 
II—NATIONAL 
FOUNDA-
TION FOR THE PREVENTION 
AND REDUCTION OF CHILD-
HOOD OBESITY 
SEC. 201. ESTABLISHMENT AND DUTIES OF FOUNDATION. 
(a) IN GENERAL.—There shall be established in ac-
cordance with this section a nonprofit private corporation 
to be known as the National Foundation for the Preven-
tion and Reduction of Childhood Obesity (referred to in 
this title as the ‘‘Foundation’’). The Foundation shall not 
be an agency or instrumentality of the Federal Govern-
ment, and officers, employees, and members of the board 
of the Foundation shall not be officers or employees of 
the Federal Government. 
(b) PURPOSE OF FOUNDATION.—The purpose of the 
Foundation shall be to support and carry out activities 
for the prevention and reduction of childhood obesity 
through school-based activities. 
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(c) ENDOWMENT FUND.— 
(1) IN GENERAL.—In carrying out subsection 
(b), the Foundation shall establish a fund for pro-
viding endowments for positions that are associated 
with the Congressional Council on Childhood Obesity 
and the Department of Health and Human Services 
(referred to in this title as the ‘‘Department’’) and 
dedicated to the purpose described in such sub-
section. Subject to subsection (g)(1)(B), the fund 
shall consist of such donations as may be provided 
by non-Federal entities and such non-Federal assets 
of the Foundation (including earnings of the Foun-
dation and the fund) as the Foundation may elect 
to transfer to the fund. 
(2) AUTHORIZED EXPENDITURES OF FUND.— 
The provision of endowments under paragraph (1) 
shall be the exclusive function of the fund estab-
lished 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 indi-
viduals to hold the positions endowed by the fund. 
(d) CERTAIN ACTIVITIES OF FOUNDATION.—In car-
rying out subsection (b), the Foundation may provide for 
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the following with respect to the purpose described in such 
subsection: 
(1) Evaluate and make known the effectiveness 
of model plans used by schools to reduce and pre-
vent childhood obesity. 
(2) Create a website to assist in the distribution 
of successful plans, best practices, and other infor-
mation to assist elementary schools, middle schools, 
and the public to develop and implement efforts to 
reduce and prevent childhood obesity. 
(3) 
Participate 
in 
meetings, 
conferences, 
courses, and training workshops. 
(4) Assist in the distribution of data concerning 
childhood obesity. 
(5) Make Challenge awards, pursuant to sub-
section (e), to elementary schools, middle schools, 
and local educational agencies for the successful de-
velopment and implementation of school-based plans. 
(6) Other activities to carry out the purpose de-
scribed in subsection (b). 
(e) CHALLENGE AWARDS.— 
(1) PROGRAM AUTHORIZED.—The Foundation 
may provide Challenge awards to elementary schools, 
middle schools, and local educational agencies that 
submit applications under paragraph (2). 
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(2) APPLICATION.—Each elementary school, 
middle school, or local educational agency that de-
sires to receive a Challenge award under this sub-
section shall submit an application that includes a 
plan to reduce and prevent childhood obesity to the 
Foundation at such time, in such manner, and ac-
companied by such additional information as the 
Foundation may reasonably require. 
(3) SELECTION CRITERIA.—In the program au-
thorized under paragraph (1), the Foundation shall 
provide Challenge awards based on— 
(A) the success of the plans of the elemen-
tary schools, middle schools, and local edu-
cational agencies in meeting the plans’ stated 
goals; 
(B) the number of children in the commu-
nity served by the elementary school, middle 
school, or local educational agency who are in 
need of assistance in addressing obesity; and 
(C) other criteria as determined by the 
Foundation. 
(f) GENERAL STRUCTURE OF FOUNDATION; NON-
PROFIT STATUS.— 
(1) BOARD
OF
DIRECTORS.—The Foundation 
shall have a board of directors (referred to in this 
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title as the ‘‘Board’’), which shall be established and 
conducted in accordance with subsection (g). The 
Board shall establish the general policies of the 
Foundation for carrying out subsection (b), includ-
ing the establishment of the bylaws of the Founda-
tion. 
(2) EXECUTIVE
DIRECTOR.—The Foundation 
shall have an executive director (referred to in this 
title as the ‘‘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 pursu-
ant to paragraph (1), the Director shall be respon-
sible for the daily operations of the Foundation in 
carrying out subsection (b). 
(3) NONPROFIT STATUS.—In carrying out sub-
section (b), the Board shall establish such policies 
and bylaws under paragraph (1), and the Director 
shall carry out such activities under paragraph (2), 
as may be necessary to ensure that the Foundation 
maintains status as an organization that— 
(A) is described in subsection (c)(3) of sec-
tion 501 of the Internal Revenue Code of 1986; 
and 
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(B) is, under subsection (a) of such sec-
tion, exempt from taxation. 
(g) BOARD OF DIRECTORS.— 
(1) CERTAIN BYLAWS.— 
(A) INCLUSIONS.—In establishing bylaws 
under subsection (f)(1), the Board shall ensure 
that the bylaws of the Foundation include by-
laws for the following: 
(i) Policies for the selection of the of-
ficers, employees, agents, and contractors 
of the Foundation. 
(ii) Policies, including ethical stand-
ards, for the acceptance and disposition of 
donations to the Foundation and for the 
disposition of the assets of the Foundation. 
(iii) Policies for the conduct of the 
general operations of the Foundation. 
(iv) Policies for writing, editing, print-
ing, and publishing of books and other ma-
terials, and the acquisition of patents and 
licenses for devices and procedures devel-
oped by the Foundation. 
(B) EXCLUSIONS.—In establishing bylaws 
under subsection (f)(1), the Board shall ensure 
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that the bylaws of the Foundation (and activi-
ties carried out under the bylaws) do not— 
(i) reflect unfavorably upon the ability 
of the Foundation, or the Department, to 
carry out its responsibilities or official du-
ties in a fair and objective manner; or 
(ii) compromise, or appear to com-
promise, the integrity of any governmental 
program or any officer or employee in-
volved in such program. 
(2) COMPOSITION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Board shall be composed of 7 in-
dividuals, appointed in accordance with para-
graph (4), who collectively possess education or 
experience appropriate for representing the 
fields of children’s health, nutrition, and phys-
ical fitness or organizations active in reducing 
and preventing childhood obesity. Each such in-
dividual shall be a voting member of the Board. 
(B) GREATER NUMBER.—The Board may, 
through amendments to the bylaws of the 
Foundation, provide that the number of mem-
bers of the Board shall be a greater number 
than the number specified in subparagraph (A). 
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(3) CHAIRPERSON.—The Board shall, from 
among the members of the Board, designate an indi-
vidual to serve as the Chairperson of the Board (re-
ferred to in this subsection as the ‘‘Chairperson’’). 
(4) APPOINTMENTS, VACANCIES, AND TERMS.— 
Subject to subsection (k) (regarding the initial mem-
bership of the Board), the following shall apply to 
the Board: 
(A) 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. 
(B) The term of office of each member of 
the Board appointed under subparagraph (A) 
shall be 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. 
(C) A vacancy in the membership of the 
Board shall not affect the power of the Board 
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to carry out the duties of the Board. If a mem-
ber of the Board does not serve the full term 
applicable under subparagraph (B), the indi-
vidual appointed to fill the resulting vacancy 
shall be appointed for the remainder of the 
term of the predecessor of the individual. 
(5) COMPENSATION.—Members of the Board 
may not receive compensation for service on the 
Board. The members may be reimbursed for travel, 
subsistence, and other necessary expenses incurred 
in carrying out the duties of the Board. 
(h) CERTAIN RESPONSIBILITIES OF EXECUTIVE DI-
RECTOR.—In carrying out subsection (f)(2), the Director 
shall carry out the following functions: 
(1) Hire, promote, compensate, and discharge 
officers and employees of the Foundation, and define 
the duties of the officers and employees. 
(2) Accept and administer donations to the 
Foundation, and administer the assets of the Foun-
dation. 
(3) Establish a process for the selection of can-
didates for holding endowed positions under sub-
section (c). 
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