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.

April 14, 2005

Mr. KENNEDY introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

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.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Prevention of Childhood Obesity Act'.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) Childhood overweight and obesity is a major public health threat to the United States. The rates of obesity have doubled in preschool children and tripled in adolescents in the past 25 years. About 9,000,000 young people are considered overweight.

(2) Overweight and obesity is more prevalent in Mexican American and African American youth. Among Mexican Americans, 24 percent of children (6 to 11 years) and adolescents (12 to 19 years) are obese and another 40 percent of children and 44 percent of adolescents are overweight. Among African Americans, 20 percent of children and 24 percent of adolescents are obese and another 36 percent of children and 41 percent of adolescents are overweight.

(3) Childhood overweight and obesity is related to the development of a number of preventable chronic diseases in childhood and adulthood, such as type 2 diabetes and hypertension.

(4) Overweight adolescents have up to an 80 percent chance of becoming obese adults. In 2003, obesity-related health conditions in adults resulted in approximately $11,000,000,000 in medical expenditures.

(5) Childhood overweight and obesity is preventable but will require changes across the multiple environments to which our children are exposed. This includes homes, schools, communities, and society at large.

(6) Overweight and obesity in children are caused by unhealthy eating habits and insufficient physical activity.

(7) Only 2 percent of school children meet all of the recommendations of the Food Guide Pyramid. Sixty percent of young people eat too much fat and less than 20 percent eat the recommended 5 or more servings of fruits and vegetables each day.

(8) More than one third of young people do not meet recommended guidelines for physical activity. Daily participation in high school physical education classes dropped from 42 percent in 1991 to 28 percent in 2003.

(9) Children spend an average of 5 1/2 hours per day using media, more time than they spend doing anything besides sleeping.

(10) Children are exposed to an average of 40,000 television advertisements each year for candy, high sugar cereals, and fast food. Fast food outlets alone spend $3,000,000,000 in advertisements targeting children. Children are exposed to 1 food commercial every 5 minutes.

(11) A coordinated effort involving evidence-based approaches is needed to ensure children develop in a society in which healthy lifestyle choices are available and encouraged.

TITLE I--FEDERAL OBESITY PREVENTION

SEC. 101. FEDERAL LEADERSHIP COMMISSION TO PREVENT CHILDHOOD OBESITY.

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

`SEC. 399W-1. FEDERAL LEADERSHIP COMMISSION TO PREVENT CHILDHOOD OBESITY.

`(a) In General- The Secretary shall ensure that the Federal Government coordinates efforts to develop, implement, and enforce policies that promote messages and activities designed to prevent obesity among children and youth.

`(b) Establishment of Leadership Commission- The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish within the Centers for Disease Control and Prevention a Federal Leadership Commission to Prevent Childhood Obesity (referred to in this section as the `Commission') to assess and make recommendations for Federal departmental policies, programs, and messages relating to the prevention of childhood obesity. The Director shall serve as the chairperson of the Commission.

`(c) Membership- The Commission shall include representatives of offices and agencies within--

`(1) the Department of Health and Human Services;

`(2) the Department of Agriculture;

`(3) the Department of Commerce;

`(4) the Department of Education;

`(5) the Department of Housing and Urban Development;

`(6) the Department of the Interior;

`(7) the Department of Labor;

`(8) the Department of Transportation;

`(9) the Federal Trade Commission; and

`(10) other Federal entities as determined appropriate by the Secretary.

`(d) Duties- The Commission shall--

`(1) serve as a centralized mechanism to coordinate activities related to obesity prevention across all Federal departments and agencies;

`(2) establish specific goals for obesity prevention, and determine accountability for reaching these goals, within and across Federal departments and agencies;

`(3) review evaluation and economic data relating to the impact of Federal interventions on the prevention of childhood obesity;

`(4) provide a description of evidence-based best practices, model programs, effective guidelines, and other strategies for preventing childhood obesity;

`(5) make recommendations to improve Federal efforts relating to obesity prevention and to ensure Federal efforts are consistent with available standards and evidence; and

`(6) monitor Federal progress in meeting specific obesity prevention goals.

`(e) Study; Summit; Guidelines-

`(1) STUDY- The Government Accountability Office shall--

`(A) conduct a study to assess the effect of Federal nutrition assistance programs and agricultural policies on the prevention of childhood obesity, and prepare a report on the results of such study that shall include a description and evaluation of the content and impact of Federal agriculture subsidy and commodity programs and policies as such relate to Federal nutrition programs;

`(B) make recommendations to guide or revise Federal policies for ensuring access to nutritional foods in Federal nutrition assistance programs; and

`(C) complete the activities provided for under this section not later than 18 months after the date of enactment of this section.

`(2) INSTITUTE OF MEDICINE STUDY-

`(A) IN GENERAL- Not later than 6 months after the date of enactment of this section, the Secretary shall request that the Institute of Medicine (or similar organization) conduct a study and make recommendations on guidelines for nutritional food and physical activity advertising and marketing to prevent childhood obesity. In conducting such study the Institute of Medicine shall--

`(i) evaluate children's advertising and marketing guidelines and evidence-based literature relating to the impact of advertising on nutritional foods and physical activity in children and youth; and

`(ii) make recommendations on national guidelines for advertising and marketing practices relating to children and youth that--

`(I) reduce the exposure of children and youth to advertising and marketing of foods of poor or minimal nutritional value and practices that promote sedentary behavior; and

`(II) increase the number of media messages that promote physical activity and sound nutrition.

`(B) GUIDELINES- Not later than 2 years after the date of enactment of this section, the Institute of Medicine shall submit to the Commission the final report concerning the results of the study, and making the recommendations, required under this paragraph.

`(3) NATIONAL SUMMIT-

`(A) IN GENERAL- Not later than 1 year after the date on which the report under paragraph (2)(B) is submitted, the Commission shall convene a National Summit to Implement Food and Physical Activity Advertising and Marketing Guidelines to Prevent Childhood Obesity (referred to in this section as the `Summit').

`(B) COLLABORATIVE EFFORT- The Summit shall be a collaborative effort and include representatives from--

`(i) education and child development groups;

`(ii) public health and behavioral science groups;

`(iii) child advocacy and health care provider groups; and

`(iv) advertising and marketing industry.

`(C) ACTIVITIES- The participants in the Summit shall develop a 5-year plan for implementing the national guidelines recommended by the Institute of Medicine in the report submitted under paragraph (2)(B).

`(D) EVALUATION AND REPORTS- Not later than 1 year after the date of enactment of this section, and biannually thereafter, the Commission shall evaluate and submit a report to Congress on the efforts of the Federal Government to implement the recommendations made by the Institute of Medicine in the report under paragraph (2)(B) that shall include a detailed description of the plan of the Secretary to implement such recommendations.

`(f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2006 through 2010.

`(g) Definitions- For purposes of this section, the definitions contained in section 401 of the Prevention of Childhood Obesity Act shall apply.'.

SEC. 102. FEDERAL TRADE COMMISSION AND MARKETING TO CHILDREN AND YOUTH.

(a) In General- Notwithstanding section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), the Federal Trade Commission is authorized to promulgate regulations and monitor compliance with the guidelines for advertising and marketing of nutritional foods and physical activity directed at children and youth, as recommended by the National Summit to Implement Food and Physical Activity Advertising and Marketing Guidelines to Prevent Childhood Obesity (as established under section 399W-1(e)(3) of the Public Health Service Act).

(b) Fines- Notwithstanding section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), the Federal Trade Commission may assess fines on advertisers or network and media groups that fail to comply with the guidelines described in subsection (a).

TITLE II--STATE CHILDREN AND YOUTH OBESITY PREVENTION AND CONTROL

SEC. 201. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following:

`PART R--OBESITY PREVENTION AND CONTROL

`SEC. 399AA. STATE CHILDHOOD OBESITY PREVENTION AND CONTROL PROGRAMS.

`(a) In General- The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award competitive grants to eligible entities to support activities that implement the children's obesity prevention and control plans contained in the applications submitted under subsection (b)(2).

`(b) Eligibility- To be eligible to receive a grant under this section, an entity shall--

`(1) be a State, territory, or an Indian tribe; and

`(2) submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a children's obesity prevention and control plan that--

`(A) is developed with the advice of stakeholders from the public, private, and nonprofit sectors that have expertise relating to obesity prevention and control;

`(B) targets prevention and control of childhood obesity;

`(C) describes the obesity-related services and activities to be undertaken or supported by the applicant; and

`(D) describes plans or methods to evaluate the services and activities to be carried out under the grant.

`(c) USE OF FUNDS- An eligible entity shall use amounts received under a grant under this section to conduct, in a manner consistent with the children's obesity prevention and control plan under subsection (b)(2)--

`(1) an assessment of the prevalence and incidence of obesity in children;

`(2) an identification of evidence-based and cost-effective best practices for preventing childhood obesity;

`(3) innovative multi-level behavioral or environmental interventions to prevent childhood obesity;

`(4) demonstration projects for the prevention of obesity in children and youth through partnerships between private industry organizations, community-based organizations, academic institutions, schools, hospitals, health insurers, researchers, health professionals, or other health entities determined appropriate by the Secretary;

`(5) ongoing coordination of efforts between governmental and nonprofit entities pursuing obesity prevention and control efforts, including those entities involved in related areas that may inform or overlap with childhood obesity prevention and control efforts, such as activities to promote school nutrition and physical activity; and

`(6) evaluations of State and local policies and programs related to obesity prevention in children.

`(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2006 through 2010.

`SEC. 399AA-1. COMPREHENSIVE OBESITY PREVENTION ACTION GRANTS.

`(a) In General- The Secretary shall award grants on a competitive basis to eligible entities to enable such entities to implement activities related to obesity prevention and control.

`(b) Eligibility- To be eligible to receive a grant under this section, an entity shall--

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

`(2) submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a description of how funds received under a grant awarded under this section will be used to--

`(A) supplement or fulfill unmet needs identified in the children's obesity prevention and control plan of a State, Indian tribe, or territory (as prepared under this part); and

`(B) otherwise help achieve the goals of obesity prevention as established by the Secretary or the Commission.

`(c) Priority- In awarding grants under this section, the Secretary shall give priority to eligible entities submitting applications proposing to carry out programs for preventing obesity in children and youth from at-risk populations or reducing health disparities in underserved populations.

`(d) Use of Funds- An eligible entity shall use amounts received under a grant awarded under subsection (a) to implement and evaluate behavioral and environmental change programs for childhood obesity prevention.

`(e) Evaluation- An eligible entity that receives a grant under this section shall submit to the Secretary an evaluation of the operations and activities carried out under such grant that includes an analysis of the utilization and benefit of public health programs relevant to the activities described in subsection (d).

`(f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2006 through 2010.

`SEC. 399AA-2. DISCOVERY TO PRACTICE CENTERS OF EXCELLENCE WITHIN THE HEALTH PROMOTION AND DISEASE PREVENTION RESEARCH CENTERS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.

`(a) In General- The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to eligible entities for the establishment of Centers of Excellence for Discovery to Practice (referred to in this section as the `Centers') implemented through the Health Promotion and Disease Prevention Research Centers of the Centers for Disease Control and Prevention. Such eligible entities shall use grant funds to disseminate childhood obesity prevention evidence-based practices to individuals, families, schools, organizations, and communities.

`(b) Eligibility- To be eligible to receive a grant under this section, an entity shall--

`(1) be a Health Promotion and Disease Prevention Research Center of the Centers for Disease Control and Prevention;

`(2) demonstrate a history of service to and collaboration with populations with a high incidence of childhood obesity; and

`(3) submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require.

`(c) Priority- In awarding grants under this section, the Secretary shall give priority to applications targeting childhood obesity prevention activities in underserved populations.

`(d) Use of Funds- An eligible entity shall use amounts received under a grant under this section to disseminate childhood obesity prevention evidence-based practices through activities that--

`(1) expand the availability of evidence-based nutrition and physical activity programs designed specifically for the prevention of childhood obesity; and

`(2) train lay and professional individuals on determinants of and methods for preventing childhood obesity.

`(e) Evaluation- An eligible entity that receives a grant under this section shall submit to the Secretary an evaluation of the operations and activities carried out under such a grant that includes an analysis of increased utilization and benefit of programs relevant to the activities described in subsection (d).

`(f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2006 through 2010.

`SEC. 399AA-3. DEFINITIONS.

`For purposes of this part, the definitions contained in section 401 of the Prevention of Childhood Obesity Act shall apply.'.

TITLE III--FEDERAL PROGRAMS TO PREVENT CHILDHOOD OBESITY

Subtitle A--Preventing Obesity at Home

SEC. 301. DEVELOPMENT OF OBESITY PREVENTION BEHAVIOR CHANGE CURRICULA FOR EARLY CHILDHOOD HOME VISITATION PROGRAMS.

Title III of the Public Health Service Act (42 U.S.C. 241 et seq.), as amended by section 201, is further amended by adding at the end the following:

`PART S--PREVENTING CHILDHOOD OBESITY

`SEC. 399BB. DEVELOPMENT OF OBESITY PREVENTION BEHAVIOR CHANGE CURRICULA FOR EARLY CHILDHOOD HOME VISITATION PROGRAMS.

`(a) In General- The Secretary, in collaboration with the Director of the Centers for Disease Control and Prevention and the Secretary of Education, shall award grants for the development of obesity prevention behavior change curricula to be incorporated into early childhood home visitation programs.

`(b) Eligibility- To be eligible to receive a grant under this section, an entity shall--

`(1) be an academic center collaborating with a public or private nonprofit organization that has the capability of testing behavior change curricula in service delivery settings and disseminating results to home visiting programs nationally, except that an organization testing the behavior change curricula developed under the grant shall implement a model of home visitation that--

`(A) focuses on parental education and care of children who are prenatal through 5 years of age;

`(B) promotes the overall health and well-being of young children; and

`(C) adheres to established quality standards; and

`(2) submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require.

`(c) Priority- In awarding grants under this section, the Secretary shall give priority to eligible entities submitting applications that propose to develop and implement programs for preventing childhood obesity and reducing health disparities in underserved populations.

`(d) Use of Funds- An eligible entity shall use amounts received under a grant under this section to develop, implement, and evaluate the impact of behavior change curricula for early childhood home visitation programs that--

`(1) encourage breast-feeding of infants;

`(2) promote age-appropriate portion sizes for a variety of nutritious foods;

`(3) promote consumption of fruits and vegetables and low-energy dense foods; and

`(4) encourage education around parental modeling of physical activity and reduction in television viewing and other sedentary activities by toddlers and young children.

`(e) Evaluation- Not later than 3 years after the date on which a grant is awarded under this section, the grantee shall submit to the Secretary a report that describes the activities carried out with funds received under the grant and the effectiveness of such activities in preventing obesity by improving nutrition and increasing physical activity.

`(f) Incorporation Into Evidence-Based Programs- The Secretary, in consultation with the heads of other Federal departments and agencies, shall ensure that policies that prevent childhood obesity are incorporated into evidence-based early childhood home visitation programs in a manner that provides for measurable outcomes.

`(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $25,000,000 for each of fiscal years 2006 through 2010.'.

Subtitle B--Preventing Childhood Obesity in Schools

SEC. 311. PREVENTING CHILDHOOD OBESITY IN SCHOOLS.

(a) In General- Part S of title III of the Public Health Service Act (as added by section 301) is amended by adding at the end the following:

`SEC. 399BB-1. PREVENTING CHILDHOOD OBESITY IN SCHOOLS.

`(a) In General- The Secretary, in collaboration with the Director of the Centers for Disease Control and Prevention, the Secretary of Education, the Secretary of Agriculture, and the Secretary of the Interior shall establish and implement activities to prevent obesity by encouraging healthy nutrition choices and physical activity in schools.

`(b) Schools- The Secretary, in consultation with the Secretary of Education, shall require that each local educational agency that receives Federal funds establish policies to ban vending machines that sell foods of poor or minimal nutritional value in schools.

`(c) School Districts-

`(1) IN GENERAL- The Secretary shall award grants to local educational agencies to enable elementary and secondary schools to promote good nutrition and physical activity among children.

`(2) CAROL M. WHITE PHYSICAL EDUCATION PROGRAM- The Secretary of Education, in collaboration with the Secretary, may give priority in awarding grants under the Carol M. White Physical Education Program under subpart 10 of part D of title V of the Elementary and Secondary Education Act of 1965 to local educational agencies and other eligible entities that have a plan to--

`(A) implement behavior change curricula that promotes the concepts of energy balance, good nutrition, and physical activity;

`(B) implement policies that encourage the appropriate portion sizes and limit access to soft drinks or other foods of poor or minimal nutritional value on school campuses, and at school events;

`(C) provide age-appropriate daily physical activity that helps students to adopt, maintain, and enjoy a physically active lifestyle;

`(D) maintain a minimum number of functioning water fountains (based on the number of individuals) in school buildings;

`(E) prohibit advertisements and marketing in schools and on school grounds for foods of poor or minimal nutritional value such as fast foods, soft drinks, and candy; and

`(F) develop and implement policies to conduct an annual assessment of each student's body mass index and provide such assessment to the student and the parents of that student with appropriate referral mechanisms to address concerns with respect to the results of such assessments.

`(3) GRANTS FOR ADDITIONAL ACTIVITIES- The Director of the Centers for Disease Control and Prevention, in collaboration with the Secretary, the Secretary of Agriculture, and the Secretary of Education, shall award grants for the implementation and evaluation of activities that--

`(A) educate students about the health benefits of good nutrition and moderate or vigorous physical activity by integrating it into other subject areas and curriculum;

`(B) provide food options that are low in fat, calories, and added sugars such as fruit, vegetables, whole grains, and dairy products;

`(C) develop and implement guidelines for healthful snacks and foods for sale in vending machines, school stores, and other venues within the school's control;

`(D) restrict student access to vending machines, school stores, and other venues that contain foods of poor or minimal nutritional value;

`(E) encourage adherence to single-portion sizes, as defined by the Food and Drug Administration, in foods offered in the school environment;

`(F) provide daily physical education for students in prekindergarten through grade 12 through programs that are consistent with the Guidelines for Physical Activity as reported by Centers for Disease Control and Prevention and the American College of Sports Medicine and National Physical Education Standards;

`(G) encourage the use of school facilities for physical activity programs offered by the school or community-based organizations outside of school hours;

`(H) promote walking or bicycling to and from school using such programs as Walking School Bus and Bike Train;

`(I) train school personnel in a manner that provides such personnel with the knowledge and skills needed to effectively teach lifelong healthy eating and physical activity; and

`(J) evaluate the impact of school nutrition and physical education programs and facilities on body mass index and related fitness criteria at annual intervals to determine the extent to which national guidelines are met.

`(d) Evaluation- Not later than 3 years after the date on which a grant is awarded under this section, the grantee shall submit to the Director of the Centers for Disease Control and Prevention a report that describes the activities carried out with funds received under the grant and the effectiveness of such activities in improving nutrition and increasing physical activity.

`(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2006 through 2010.'.

(b) Carol M. White Physical Education Program- Subpart 10 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.) is amended by adding at the end the following:

`SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated to carry out this subpart, $150,000,000 for each of fiscal years 2006 through 2010.'.

Subtitle C--Preventing Childhood Obesity in Afterschool Programs

SEC. 321. CHILDHOOD OBESITY PREVENTION GRANTS TO AFTERSCHOOL PROGRAMS.

Part S of title III of the Public Health Service Act (as amended by section 311) is further amended by adding at the end the following:

`SEC. 399BB-2. CHILDHOOD OBESITY PREVENTION GRANTS TO AFTERSCHOOL PROGRAMS.

`(a) In General- The Secretary, in collaboration with the Director of the Centers for Disease Control and Prevention and the Secretary of Education, shall award grants for the development of obesity prevention behavior change curricula for afterschool programs for children.

`(b) Eligibility- To be eligible to receive a grant under this section, an entity shall--

`(1) be an academic center collaborating with a public or private nonprofit organization that has the capability of testing behavior change curricula in service delivery settings and disseminating results to afterschool programs on a nationwide basis, except that an organization testing the behavior change curricula developed under the grant shall implement a model of afterschool programming that shall--

`(A) focus on afterschool programs for children up to the age of 13 years;

`(B) promote the overall health and well-being of children and youth; and

`(C) adhere to established quality standards; and

`(2) submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require.

`(c) Priority- In awarding grants under this section, the Secretary shall give priority to eligible entities submitting applications proposing to develop, implement, and evaluate programs for preventing and controlling childhood obesity or reducing health disparities in underserved populations.

`(d) Use of Funds- An eligible entity shall use amounts received under a grant under this section to develop, implement, and evaluate, and disseminate the results of such evaluations, the impact of curricula for afterschool programs that promote--

`(1) age-appropriate portion sizes;

`(2) consumption of fruits and vegetables and low-energy dense foods;

`(3) physical activity; and

`(4) reduction in television viewing and other passive activities.

`(e) Evaluation- Not later than 3 years after the date on which a grant is awarded under this section, the grantee shall submit to the Secretary a report that described the activities carried out with funds received under the grant and the effectiveness of such activities in preventing obesity, improving nutrition, and increasing physical activity.

`(f) Incorporation of Policies Into Federal Programs- The Secretary, in consultation with the heads of other Federal departments and agencies, shall ensure that policies that prevent childhood obesity are incorporated into evidence-based afterschool programs in a manner that provides for measurable outcomes.

`(g) Definition- In this section, the term `afterschool programs' means programs providing structured activities for children during out-of-school time, including before school, after school, and during the summer months.

`(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $25,000,000 for each of fiscal years 2006 through 2010.'.

Subtitle D--Training Early Childhood and Afterschool Professionals to Prevent Childhood Obesity

SEC. 331. TRAINING EARLY CHILDHOOD AND AFTERSCHOOL PROFESSIONALS TO PREVENT CHILDHOOD OBESITY.

Part S of title III of the Public Health Service Act (as amended by section 321) is further amended by adding at the end the following:

`SEC. 399BB-3. TRAINING EARLY CHILDHOOD AND AFTERSCHOOL PROFESSIONALS TO PREVENT CHILDHOOD OBESITY.

`(a) In General- The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants to support the training of early childhood professionals (such as parent educators and child care providers) about obesity prevention, with emphasis on nationally accepted standards.

`(b) Eligibility- To be eligible to receive a grant under this section, an entity shall--

`(1) be a public or private nonprofit organization that conducts or supports early childhood and afterschool programs, home visitation, or other initiatives that--

`(A) focus on parental education and care of children;

`(B) promote the overall health and well-being of children;

`(C) adhere to established quality standards; and

`(D) have the capability to provide or distribute training on a nationwide basis; and

`(2) submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require.

`(c) Evaluation- Not later than 3 years after the date on which a grant is awarded under this section, the grantee shall submit to the Administrator of the Health Resources and Services Administration a report that describes the activities carried out with funds received under the grant and the effectiveness of such activities in improving the practice of child care and afterschool professionals with respect to the prevention of obesity.

`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2006 through 2010.'.

Subtitle E--Preventing Childhood Obesity in Communities

SEC. 341. PREVENTING CHILDHOOD OBESITY IN COMMUNITIES.

Part S of title III of the Public Health Service Act (as amended by section 331) is further amended by adding at the end the following:

`SEC. 399BB-4. PREVENTING CHILDHOOD OBESITY IN COMMUNITIES.

`(a) In General- The Director of the Centers for Disease Control and Prevention, in collaboration with the Secretary, the Secretary of Transportation, and Secretary of the Interior, shall award grants and implement activities to encourage healthy nutrition and physical activity by children in communities.

`(b) Eligibility- To be eligible to receive a grant under this section, an entity shall--

`(1) be a public or private nonprofit organization or community-based organizations that conduct initiatives that--

`(A) focus on parental education and care of children;

`(B) promote the overall health and well-being of children;

`(C) adhere to established quality standards; and

`(D) have the capability to provide training on a nationwide basis; and

`(2) submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require.

`(c) Communities-

`(1) IN GENERAL- The Director of the Centers for Disease Control and Prevention, in collaboration with the Secretary, the Secretary of Transportation, and Secretary of the Interior, shall award grants to eligible entities to develop broad partnerships between private and public and nonprofit entities to promote healthy nutrition and physical activity for children by assessing, modifying, and improving community planning and design.

`(2) ACTIVITIES- Amounts awarded under a grant under paragraph (1) shall be used for the implementation and evaluation of activities--

`(A) to create neighborhoods that encourage healthy nutrition and physical activity;

`(B) to promote safe walking and biking routes to schools;

`(C) to design pedestrian zones and construct safe walkways, cycling paths, and playgrounds;

`(D) to implement campaigns, in communities at risk for sedentary activity, designed to increase levels of physical activity, which should be evidence-based, and may incorporate informational, behavioral, and social, or environmental and policy change interventions;

`(E) to implement campaigns, in communities at risk for poor nutrition, that are designed to promote intake of foods by children consistent with established dietary guidelines through the use of different types of media including television, radio, newspapers, movie theaters, billboards, and mailings; and

`(F) to implement campaigns, in communities at risk for poor nutrition, that promote water as the main daily drink of choice for children through the use of different types of media including television, radio, newspapers, movie theaters, billboards, and mailings.

`(d) Evaluation- Not later than 3 years after the date on which a grant is awarded under this section, the grantee shall submit to the Director of the Centers for Disease Control and Prevention a report that describes the activities carried out with funds received under the grant and the effectiveness of such activities in increasing physical activity and improving dietary intake.

`(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2006 through 2010.'.

SEC. 342. GRANTS AND CONTRACTS FOR A NATIONAL CAMPAIGN TO CHANGE CHILDREN'S HEALTH BEHAVIORS.

Section 399Y of the Public Health Service Act (42 U.S.C. 280h-2) is amended by striking subsection (b) and inserting the following:

`(b) Grants-

`(1) IN GENERAL- The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants or contracts to eligible entities to design and implement culturally and linguistically appropriate and competent campaigns to change children's health behaviors.

`(2) ELIGIBLE ENTITY- In this subsection, the term `eligible entity' means a marketing, public relations, advertising, or other appropriate entity.

`(3) CONTENT- An eligible entity that receives a grant under this subsection shall use funds received through such grant or contract to utilize marketing and communication strategies to--

`(A) communicate messages to help young people develop habits that will foster good health over a lifetime;

`(B) provide young people with motivation to engage in sports and other physical activities;

`(C) influence youth to develop good health habits such as regular physical activity and good nutrition;

`(D) educate parents of young people on the importance of physical activity and improving nutrition, how to maintain healthy behaviors for the entire family, and how to encourage children to develop good nutrition and physical activity habits; and

`(E) discourage stigmatization and discrimination based on body size or shape.

`(4) REPORT- The Secretary shall evaluate the effectiveness of the campaign described in paragraph (1) in changing children's behaviors and report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.

`(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $125,000,000 for fiscal year 2006, and such sums as may be necessary for each of fiscal years 2007 through 2011.'.

SEC. 343. PREVENTION OF CHILDHOOD OBESITY RESEARCH THROUGH THE NATIONAL INSTITUTES OF HEALTH.

(a) In General- The Director of the National Institutes of Health, in accordance with the National Institutes of Health's Strategic Plan for Obesity Research, shall expand and intensify research that addresses the prevention of childhood obesity.

(b) Plan- The Director of the National Institutes of Health shall--

(1) conduct or support research programs and research training concerning the prevention of obesity in children; and

(2) develop and periodically review, and revise as appropriate, the Strategic Plan for Obesity Research.

(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2006 through 2011. Amounts appropriated under this section shall be in addition to other amounts available for carrying out activities of the type described in this section.

SEC. 344. RESEARCH ON THE RELATIONSHIP BETWEEN THE PHYSICAL ACTIVITY OF CHILDREN AND THE BUILT ENVIRONMENT.

Part S of title III of the Public Health Service Act (as amended by section 341) is further amended by adding at the end the following:

`SEC. 399BB-5. RESEARCH ON THE RELATIONSHIP BETWEEN THE PHYSICAL ACTIVITY OF CHILDREN AND THE BUILT ENVIRONMENT.

`(a) In General- The Secretary shall support research efforts to promote physical activity in children through enhancement of the built environment.

`(b) Eligibility- In this section, the term `eligible institution' means a public or private nonprofit institution that submits to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require.

`(c) Grant Programs-

`(1) RESEARCH- The Secretary, in collaboration with the Transportation Research Board of the National Research Council, shall award grants to eligible institutions to expand, intensify, and coordinate research that will--

`(A) investigate and define causal links between the built environment and levels of physical activity in children;

`(B) include focus on a variety of geographic scales, with particular focus given to smaller geographic units of analysis such as neighborhoods and areas around elementary schools and secondary schools;

`(C) identify or develop effective intervention strategies to promote physical activity among children with focus on behavioral interventions and enhancements of the built environment that promote increased use by children; and

`(D) assure the generalizability of intervention strategies to high-risk populations and high-risk communities, including low-income urban and rural communities.

`(2) INTERVENTION PILOT PROGRAMS- The Secretary, in collaboration with the Transportation Research Board of the National Research Council and with appropriate Federal agencies, shall award grants to pilot test the intervention strategies identified or developed through research activities described in paragraph (1) relating to increasing use of the built environment by children.

`(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2006 through 2010.

`SEC. 399BB-6. DEFINITIONS.

`For purposes of this part, the definitions contained in section 401 of the Prevention of Childhood Obesity Act shall apply.'.

TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. DEFINITIONS.

In this Act:

(1) CHILDHOOD- The term `childhood' means children and youth from birth to 18 years of age.

(2) CHILDREN- The term `children' means children and youth from birth through 18 years of age.

(3) FOOD OF POOR OR MINIMAL NUTRITIONAL VALUE- The term `food of poor or minimal nutritional value' has the meaning given the term `food of minimal nutritional value' for purposes of the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and part 210 of title 7, Code of Federal Regulations.

(4) OBESITY AND OVERWEIGHT- The terms `obesity' and `overweight' have the meanings given such terms by the Centers for Disease Control and Prevention.

(5) OBESITY CONTROL- The term `obesity control' means programs or activities for the prevention of excessive weight gain.

(6) OBESITY PREVENTION- The term `obesity prevention' means prevention of obesity or overweight.

END