Text: H.R.6258 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (09/29/2010)


111th CONGRESS
2d Session
H. R. 6258

To address childhood obesity, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES
September 29, 2010

Ms. Fudge (for herself, Mr. Cao, Mr. Jackson of Illinois, Mrs. Christensen, Mr. Rush, Mr. Payne, Mr. Hare, Mr. Faleomavaega, Mr. Davis of Illinois, Mr. Honda, Ms. Roybal-Allard, and Ms. Chu) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Ways and Means, Natural Resources, Agriculture, the Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To address childhood obesity, and for other purposes.

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 “Fit for LIFE Act of 2010” or the “Fit for Local Investments in the Future of Every Child Act of 2010”.

SEC. 2. Table of contents.

The table of contents of this Act is as follows:


Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 101. Food swamps: green and healthy corner store initiative.

Sec. 102. Virtual Farmers Market Program: Making It Easier To Access Food from the Farm in the City.

Sec. 103. Community Gardening Grant Program: Fresh Foods Grown in Our Communities by Residents.

Sec. 104. Study to certify the adequacy of cafeteria equipment for the preparation and storage of foods within the dietary guidelines.

Sec. 111. Food deserts: Addressing the Lack of Supermarkets in Underserved Communities.

Sec. 112. Expansion of the Child Care and Adult Food Care Program to Increase Availability of After School Snacks.

Sec. 113. Expansion of the Fresh Fruit and Vegetable Program.

Sec. 114. Expanding Access to the Summer Food Service Program for Children.

Sec. 115. Grants for expansion of school breakfast programs to improve the health and education of children.

Sec. 116. Study and report on physical activity and nutritional quality of meals and snacks served, in juvenile justice facilities.

Sec. 117. Local food insecurity assessments: assessing the unique nutritional needs of local communities.

Sec. 121. Improving Healthy Eating and Physical Activity Among our Youngest Children.

Sec. 122. Health and fitness school programs: training America’s youth to live healthy lifestyles.

Sec. 201. Community health and wellness navigators pilot program: connecting America’s health professional with our schools.

Sec. 202. Requirement to expedite national Medicare coverage determinations for evidence-based preventive services.

Sec. 203. Expansion of obesity treatment services under Medicare.

Sec. 204. Coverage of evidence-based preventive services under Medicaid and SCHIP.

Sec. 205. Coverage of medical nutrition therapy under Medicaid and SCHIP.

Sec. 206. Clarification of EPSDT inclusion of prevention, screening, and treatment services for obesity and overweight; SCHIP coverage.

Sec. 207. National commission on child obesity.

Sec. 208. GAO report.

Sec. 301. Renovation of foreclosed and abandoned properties to create spaces that encourage physical activity in American neighborhoods.

Sec. 302. National youth sports program revitalization.

Sec. 303. Expansion of the Zuni Youth Enrichment Project Summer Camp.

Sec. 304. Making routes to schools in underserved communities safe and accessible with public participation through the Community Oriented Policing Services program.

Sec. 305. Land and Water Conservation Fund Program Grants in Low-Income Communities and Expand Tribal Participation.

Sec. 306. Changing Hearts, Attitudes, and Minds by Participating in Sports (CHAMPS) Program.

Sec. 307. Coordinated School Health Initiatives.

Sec. 308. Rewarding elementary and secondary schools for outstanding student performance in physical fitness programs.

SEC. 101. Food swamps: green and healthy corner store initiative.

(a) In general.—The Secretary of Agriculture shall carry out a program, to be known as the Green and Healthy Corner Store Initiative, of awarding grants to units of general local government, nonprofit organizations, and tribal governments to assist qualified convenience stores to expand and sustain their offering of fruits and vegetables.

(b) Priority.—In awarding grants under this section, the Secretary shall give priority to applicants proposing to provide assistance to qualified convenience stores in low-income communities.

(c) Assistance.—Assistance provided to a qualified convenience store pursuant to this section may include the following:

(1) Seed money for the purchase of fruits and vegetables and for equipment needed to sell fruits and vegetables, such as but not limited to refrigerators.

(2) Seed money for converting to energy-saving equipment, such as but not limited to energy-efficient lighting and refrigerators and a ductless HVAC system, to minimize the additional energy costs associated with the refrigeration needed to stock fruits and vegetables.

(3) Educational tools and information on the importance of fresh fruits and vegetables.

(4) Simple recipes to assist customers in healthy food preparation.

(d) Requirements for convenience stores.—As a condition on receipt of funds under this section, a grantee shall agree to ensure that any qualified convenience store receiving assistance through the grant will—

(1) maintain its expanded offering of fruits and vegetables for a minimum time to be determined by the Secretary;

(2) limit the number of its advertisements for alcoholic beverages and cigarettes and offer at least an equal amount of advertising for fruits and vegetables;

(3) place advertisements for fruits and vegetables prominently in the front of the store;

(4) advertise that the store is participating in the Green and Healthy Corner Store Initiative; and

(5) work to partner with rural and urban farmers markets to obtain fruits and vegetables for sale.

(e) Cooperation among stores To decrease prices.—The Secretary shall encourage grant recipients under this section to encourage qualified convenience stores receiving assistance through the grant to combine efforts with other convenience stores when ordering fruits and vegetables from distributors in an effort to decrease the price of such goods.

(f) Definitions.—In this section:

(1) The term “Bureau-funded school” has the meaning given to such term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021).

(2) The terms “elementary school”, “local educational agency”, and “secondary school” have the meanings given to such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(3) The term “low-income communities” includes—

(A) communities with a high percentage of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and

(B) any other communities determined by the Secretary to be low-income for purposes of this section.

(4) The term “Secretary” means the Secretary of Agriculture.

(5) The term “qualified convenience store” means a convenience store located within a quarter mile of an elementary school or a secondary school that is a public school or a Bureau-funded school.

SEC. 102. Virtual Farmers Market Program: Making It Easier To Access Food from the Farm in the City.

(a) Establishment of grant program.—From the amounts appropriated to carry out this section, the Secretary of Agriculture shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out a program that provides access to farmers markets to communities that are food deserts.

(b) Use of funds.—An eligible entity receiving a grant under this section shall use such funds for the following:

(1) Purchasing virtual farmers market software (including computer kiosks and swipe card stations), or entering into a contract with an eligible organization to develop and maintain the technology necessary, to carry out a virtual farmers market program to enable individuals an organizations in communities that are food deserts to order and purchase fruits and vegetables and other healthy food items using such technology.

(2) Training staff to—

(A) assist individuals and organizations in communities that are food deserts to order and purchase food products under the program described in paragraph (1); and

(B) purchase and order food products under the program for the eligible entity.

(3) Packaging food products purchased under the program in manner that makes transportation of the products possible by foot.

(4) Paying staff to manage the program, and package and assist in the distribution and delivery of food products purchased under the program.

(5) Raising public awareness about the program.

(6) Developing simple food preparation strategies and menus for customers of the program.

(7) Coordinating with the Secretary of Agriculture to develop mechanisms to enable reimbursement under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for purchases made under the program.

(8) Purchasing or rehabilitating buses, including buses that were formerly used as school buses, that may be used to transport to the eligible entity—

(A) the foods ordered and purchased under the program using the technology described in paragraph (1); or

(B) other fruits and vegetables that meet the requirements of subsection (e) in order to provide additional opportunities for individuals and organizations in communities that are food deserts to purchase locally grown fruits and vegetables.

(c) Application.—In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(d) Grant amount.—A grant awarded under this section may not be greater than $10,000.

(e) Limitations on food purchased.—To the extent practicable, the majority of food purchased under a virtual farmers market program carried out by an eligible entity under this section shall be from farmers located within a 50 mile radius of the site where the food is ordered and delivered under the program, except in the case where the eligible entity demonstrates to the Secretary that no such farmers exist or that the farmers are not able to provide a sufficient variety or amount of food for the purposes of the program.

(f) Report.—Not later than 1 year after the first fiscal year in which funds are appropriated to carry out this section, the Secretary shall report to Congress on the progress made in carrying out programs funded by grants under this section, including—

(1) the number of individuals served by such programs and the barriers and opportunities for additional such programs; and

(2) how such programs have increased access or encouraged permanent farmers markets to be established near communities that are food deserts.

(g) Definitions.—In this section—

(1) BUREAU-FUNDED SCHOOL.—The term “bureau-funded school” has the meaning given such term in section 1146 of the Education Amendments of 1978 (25 U.S.C. 2026).

(2) ELIGIBLE ENTITY.—The term “eligible entity” means an entity that predominantly serves communities that are food deserts, including—

(A) a local educational agency or bureau-funded school;

(B) a nonprofit, community-based organization or entity (including a park and recreation department, recreation center, child care facility, or senior center);

(C) a convenience store; or

(D) other entity that the Secretaries deem to be an eligible entity.

(3) ELIGIBLE ORGANIZATION.—The term “eligible organization” means an organization with expertise in developing and maintaining a virtual farmers market.

(4) LOCAL EDUCATIONAL AGENCY.—The term “local educational agency” has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(5) FOOD DESERT.—The term “food desert” has the meaning given such term in section 7527(a) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–234).

(6) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.

(7) SWIPE CARD STATIONS.—The term “swipe card stations” shall include support for the use of electronic benefit transfer cards.

(8) VIRTUAL FARMERS MARKET.—The term “virtual farmers market” means an online grocery store that enables individuals to purchase foods from local farms and distributors.

SEC. 103. Community Gardening Grant Program: Fresh Foods Grown in Our Communities by Residents.

(a) Program established.—From the amounts appropriated to carry out this section, the Secretary of Agriculture shall award grants to eligible entities to expand, establish, or maintain urban and Native American community gardens.

(b) Application.—In order to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—

(1) an assurance that priority for hiring for jobs created by the expansion, establishment, or maintenance of an urban community garden funded with a grant received under this section will be given to individuals who reside in the community where the garden is located; and

(2) a demonstration that the eligible entity is committed to providing non-Federal financial or in-kind support (such as, but not limited to, providing a water supply) for the community garden for which the entity receives funds under this section.

(c) Definitions.—In this section:

(1) ELIGIBLE ENTITY.—The term “eligible entity” means—

(A) a for profit or nonprofit organization; or

(B) a unit of general local government, or tribal government, located on tribal land or in a low-income community.

(2) LOW-INCOME COMMUNITY.—The term “low-income community” has the meaning given such term by the Secretary of Agriculture.

(3) UNIT OF GENERAL LOCAL GOVERNMENT.—The term “unit of general local government” means any city, county, town, township, parish, village, or other general purpose political subdivision of a State.

(4) STATE.—The term “State” includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

SEC. 104. Study to certify the adequacy of cafeteria equipment for the preparation and storage of foods within the dietary guidelines.

Not later than 4 years after the date of the enactment of this Act or the Improving Nutrition for America’s Children Act, whichever occurs first, from the amounts appropriated to carry out this section, the Secretary of Agriculture shall—

(1) conduct a study—

(A) on the adequacy of cafeteria equipment used by schools participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) to store and prepare fruits and vegetables and other foods that are within the Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341); and

(B) on the barriers of the schools in acquiring cafeteria equipment that adequately stores and prepares such foods; and

(2) transmit a report to Congress on—

(A) the findings of the study; and

(B) any recommendations based on the study, including whether any cafeteria equipments should be updated or exchanged.

SEC. 111. Food deserts: Addressing the Lack of Supermarkets in Underserved Communities.

(a) Establishment of grant program.—From the amounts appropriated to carry out this section, the Secretary of Agriculture shall award grants to local partnerships to establish supermarkets that sell fresh fruits and produce in low-income communities located in food deserts.

(b) Application.—In order to receive a grant under this section, a local partnership shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(c) Uses of funds.—A local partnership shall use grant funds received under this section to establish a supermarket in a low-income community located in a food desert and assist the supermarket in carrying out the following activities:

(1) Selling fresh fruit and produce at a price comparable to the price of fresh fruits and produce sold at supermarkets in nearby suburban communities.

(2) Making the supermarket available for youth-centered, hands-on educational instruction and information on healthy cooking and nutrition.

(3) Providing community outreach services to the low-income community that encourage health and wellness.

(d) Reporting.—

(1) LOCAL PARTNERSHIPS.—Not later than 2 years after receiving a grant under this section a local partnership shall submit a report to the Secretary on the success of the supermarket established using such funds.

(2) SECRETARY.—Upon receipt of a report under paragraph (1), the Secretary shall transmit such report to Congress.

(e) Definitions.—In this section:

(1) FOOD DESERT.—The term “food desert” has the meaning given such term in section 7527(a) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–234).

(2) LOCAL PARTNERSHIP.—The term “local partnership” means a partnership between—

(A) a unit of general local government, a State, or a tribal government; and

(B) a public or private organization.

(3) LOW-INCOME COMMUNITY.—The term “low-income community” includes a low-income community (as such term is defined by the Secretary) located in an urban area.

(4) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.

(5) SUBURBAN COMMUNITY.—The term “suburban community” has the meaning given such term by the Secretary.

(6) STATE.—The term “State” includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(7) SUPERMARKET.—The term “supermarket” means any establishment under Code 445110 of the North American Industry Classification System.

(8) UNIT OF GENERAL LOCAL GOVERNMENT.—The term “unit of general local government” means any city, county, town, township, parish, village, or other general purpose political subdivision of a State.

SEC. 112. Expansion of the Child Care and Adult Food Care Program to Increase Availability of After School Snacks.

Section 17(r)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(r)(5)) is amended—

(1) by striking “The Secretary” and inserting the following:

“(A) IN GENERAL.—Except as provided in subparagraph (B), the Secretary”; and

(2) by adding at the end the following:

“(B) PROGRAM EXPANSION.—Beginning with the first full school year after the date of enactment of the Fit for LIFE Act of 2010, the Secretary shall expand reimbursement under this subsection for meals served under a program to institutions located in any State that elects to participate under this subsection.”.

SEC. 113. Expansion of the Fresh Fruit and Vegetable Program.

Section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) is amended—

(1) in subsection (a), by inserting “, secondary schools, child care centers, and family child care homes” after “elementary schools”;

(2) in subsection (b), by inserting “, center, or home” after each place “school” appears;

(3) in subsection (d)—

(A) in the heading, by inserting “, centers, or homes”;

(B) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by inserting “, centers, or homes” after “schools”;

(ii) in subparagraph (A), by inserting “, center, or home” after “school”;

(iii) in subparagraph (B), by inserting “, centers, or homes” after “schools”;

(iv) by amending subparagraph (C) to read as follows:;

“(C) ensure that each school selected is an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), each center selected is a child care center (as such term is defined in section 399OO of the Public Health Service Act), and each home selected is a family child care home (as such term is defined in section 399OO of the Public Health Service Act).”; and

(v) in subparagraph (D)—

(I) in the matter preceding clause (i), by inserting “, centers, or homes” after “schools”;

(II) in clause (i), by inserting “, center, or home” after “school”; and

(III) in clause (ii), by inserting “, center, or home” after “as determined by the school”;

(C) in paragraph (2), by inserting “, centers, or homes” after each place “schools” appears; and

(D) in paragraph (3), by inserting “, centers, or homes” after each place “schools” appears; and

(4) in subsection (e), by inserting “, center, or home” after “school”.

SEC. 114. Expanding Access to the Summer Food Service Program for Children.

Section 13(a) of the Richard B. Russell National School Lunch (42 U.S.C. 1761(a)) is amended—

(1) in paragraph (1)(C), by striking “50 percent” and inserting “40 percent”;

(2) by repealing paragraph (9);

(3) in paragraph (10)—

(A) in subparagraph (A)—

(i) by striking “The Secretary” and inserting “From the amounts appropriated to carry out this paragraph, the Secretary”; and

(ii) by striking “not more than 5”;

(B) in subparagraph (C), by striking “fiscal year 2006” and inserting “fiscal year 2011”;

(C) in subparagraph (D)—

(i) by striking “January 1, 2008” and inserting “January 1, 2011”; and

(ii) by striking “January 1, 2009” and inserting “January 1, 2012”; and

(D) by striking subparagraph (E); and

(4) by adding at the end the following:

“(11) START-UP AND EXPANSION GRANTS.—From the amounts appropriated to carry out this paragraph, the Secretary shall award grants to eligible service institutions in high-poverty districts, as defined by the Secretary, to assist such institutions in participating, or expanding the participation of such institutions, in the program under this section, for the purpose of serving additional children under the program.”.

SEC. 115. Grants for expansion of school breakfast programs to improve the health and education of children.

The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended by adding at the end the following:

“SEC. 23. Grants for expansion of school breakfast programs to improve the health and education of children.

“(a) Definition of qualifying school.—In this section, the term ‘qualifying school’ means—

“(1) a school providing elementary or secondary education where at least 65 percent of the enrolled students are eligible for free or reduced-price school lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or

“(2) an after-school program operating on school grounds.

“(b) Establishment.—The Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to local educational agencies or bureau-funded schools for use in accordance with this section.

“(c) Grants to local educational agencies or bureau-Funded schools.—The amount of grants provided by the Secretary to local educational agencies or bureau-funded schools for a fiscal year under this section shall not exceed the lesser of—

“(1) the product obtained by multiplying—

“(A) the number of qualifying schools receiving subgrants or other benefits under subsection (d) for the fiscal year; and

“(B) the maximum amount of a subgrant provided to a qualifying school under subsection (d)(3)(B); or

“(2) $2,000,000.

“(d) Subgrants to qualifying schools.—

“(1) IN GENERAL.—A local educational agency or a bureau-funded school receiving a grant under this section shall use funds made available under the grant to award subgrants to individual or groups of qualifying schools to carry out activities in accordance with this section.

“(2) STATE AND DISTRICT SUPPORT.—A local educational agency or a bureau-funded school may allocate a portion of each subgrant to support State or local educational agency or a bureau-funded school activities in support of qualified schools for which it is more efficient or appropriate to support the activities in a centralized manner.

“(3) AMOUNT; TERM.—

“(A) IN GENERAL.—Except as otherwise provided in this paragraph, a subgrant provided by a local educational agency or a bureau-funded school to a qualifying school under this section shall be in such amount, and shall be provided for such term, as the local educational agency or a bureau-funded school determines appropriate.

“(B) MAXIMUM AMOUNT.—The amount of a subgrant provided by a local educational agency or a bureau-funded school to a qualifying school under this subsection shall not exceed—

“(i) $50,000 for a single fiscal year; or

“(ii) $100,000 for all fiscal years.

“(C) MAXIMUM GRANT TERM.—A local educational agency or a bureau-funded school shall not provide subgrants to a qualifying school under this subsection for more than 5 fiscal years.

“(e) Preference.—In providing subgrants under this section, a local educational agency or a bureau-funded school shall give priority to qualifying schools—

“(1) in which 75 percent or more of the students enrolled in such schools are eligible for free or reduced-price school lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and

“(2) that demonstrate—

“(A) an intent to use the grants or subgrants to establish or support connections between the qualifying schools and local agricultural producers and food providers;

“(B) that the qualifying schools have established, or intend to establish, a universal free breakfast program; or

“(C) that the qualifying schools have considered, or intend to establish, service methods that make breakfast a part of the school day.

“(f) Best practices.—Prior to awarding grants under this section, the Secretary shall make available to State educational agencies and local educational agencies or bureau-funded schools information regarding the most effective mechanisms by which to increase school breakfast participation among eligible children at qualifying schools, including best practices of schools who have increased breakfast participation..

“(g) Application.—

“(1) IN GENERAL.—To be eligible to receive a grant under this section, a local educational agency or a bureau-funded school shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(2) ADMINISTRATION.—In carrying out this section, the Secretary shall—

“(A) develop an appropriate application process; and

“(B) advertise the availability of funds under this section to qualified schools, local educational agencies or bureau-funded schools, and State educational agencies.

“(h) Use of funds.—

“(1) IN GENERAL.—A qualifying school may use a grant provided under this section—

“(A) to establish, promote, or expand a school breakfast program of the qualifying school under this section, which shall include a nutritional education component;

“(B) to increase the quantity of local or fresh food available under the school breakfast program of the qualifying school under this section;

“(C) to provide school breakfast to students of the qualifying school during the school day; and

“(D) to increase participation in the school breakfast program, including through a universal free breakfast program.

“(2) REQUIREMENT.—Each activity of a qualifying school under this subsection shall be carried out in accordance with applicable nutritional guidelines and regulations issued by the Secretary.

“(i) Maintenance of effort.—Grants made available under this section shall not diminish or otherwise affect the expenditure of funds from State and local sources for the maintenance of the school breakfast program.

“(j) Reports.—

“(1) IN GENERAL.—The Secretary, in consultation with local educational agencies or bureau-funded schools and qualifying schools that receive grants and subgrants under this section, shall submit to Congress an annual report describing the impact of the school breakfast programs of the qualifying schools on classroom performance and environment.

“(2) DATA COLLECTION.—The Secretary shall provide guidance and minimum standards for data collection to grant recipients and any collaborating local institutions of higher education or research entities as necessary to ensure that annual reports under this section are able to provide an adequate qualitative and quantitative evaluation of the grant impacts.

“(k) Authorization of appropriations.—There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2011 through 2015.”.

SEC. 116. Study and report on physical activity and nutritional quality of meals and snacks served, in juvenile justice facilities.

(a) Study.—The Administrator of the Office of Juvenile Justice and Delinquency Prevention, in consultation with the Secretary of Agriculture, shall conduct a study on—

(1) the amount of physical activity by juveniles in juvenile justice facilities, including the types of physical activities in which such juveniles participate, how many hours per day such juveniles participate in physical activities, and the adequacy of the amount and type of physical activity of such juveniles; and

(2) the nutritional quality of meals and snacks served in juvenile justice facilities.

(b) Report.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, in consultation with the Secretary of Agriculture, shall submit to Congress a report on the findings of the study conducted under subsection (a), including an evaluation of whether the amount and type of physical activity by juveniles, and the nutritional quality of meals and snacks served, in juvenile justice facilities are adequate to ensure the health and wellness of such juveniles.

SEC. 117. Local food insecurity assessments: assessing the unique nutritional needs of local communities.

(a) In general.—The Secretary of Health and Human Services shall establish a 3-year pilot program to award grants to local and tribal governments, on a competitive basis, to allow such local and tribal governments, in partnership with the local community organizations under subsection (e), to—

(1) conduct a food security assessment; and

(2) make an inventory of the system in order to identify the strengths and gaps in such system.

(b) Data points for Assessment.—For purposes of conducting an Assessment and making an inventory under a grant under subsection (a), with respect to the community served by a local or tribal government, such government shall examine the following food security and food system issues in the community:

(1) The prevalence of childhood obesity.

(2) The availability of safe routes to school for children.

(3) The quality of food served in school and child care settings.

(4) The availability of supermarkets.

(5) The cost and availability of fresh fruits and vegetables.

(6) The concentration of convenience stores, and other food vendors that sell a disproportionate amount of foods that are not fresh fruits and vegetables.

(7) The availability of products.

(8) The concentration of fast food restaurants.

(9) The availability of green space or recreation areas, and the extent to which such space or areas encourage physical activity by adults and children.

(10) Any other issues determined to be relevant by the local or tribal government.

(11) Any other issues determined to be relevant by the Secretary of Health and Human Services.

(c) Number of sites.—The Secretary of Health and Human Services, in awarding grants under subsection (a), shall award grants to no more than—

(1) 20 local governments; and

(2) 5 tribal governments.

(d) Priority.—In awarding grants under subsection (a), the Secretary of Health and Human Services shall give priority to those local and tribal governments that serve communities with the highest concentrations of poverty.

(e) Requirement of partnerships.—In order to qualify for a grant under subsection (a), a local or tribal government shall demonstrate, to the satisfaction of the Secretary of Health and Human Services, that the local or tribal government has entered into a partnership (for the purpose of conducting an assessment and making an inventory under subsection (a)) with at least one of the following local community organizations:

(1) A nonprofit community-based organization or entity.

(2) A developer or urban planning institution.

(3) An accredited college or university.

SEC. 121. Improving Healthy Eating and Physical Activity Among our Youngest Children.

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 WHealthy kids program

“SEC. 399OO. Definitions.

“In this part:

“(1) CHILD CARE CENTER.—The term ‘child care center’ means a center licensed or otherwise authorized to provide child care services for fewer than 24 hours per day per child in a non-residential setting, unless care in excess of 24 hours is due to the nature of the parents' work.

“(2) EARLY LEARNING COUNCIL.—The term ‘early learning council’ means an early childhood assembly that is established to advise governors, State legislators, or State agency administrators on how best to meet the needs of young children and their families specifically through improvement of programs and services.

“(3) FAMILY CHILD CARE HOME.—The term ‘family child care home’ means a private family home where home-based child care is provided for a portion of the day, unless care in excess of 24 hours is due to the nature of the parents’ work, and that is certified, registered, or licensed in the State in which it is located.

“(4) SCREEN TIME LIMITS.—The term ‘screen time limits’ means policies or guidelines, such as those developed by the American Academy of Pediatrics, designed to reduce the daily amount of time that children spend watching or looking at digital monitors or displays, including television sets, computer monitors, or hand-held gaming devices.

“(5) SECRETARY.—The term ‘Secretary’ means the Secretary of Health and Human Services.

“SEC. 399OO–1. Grants.

“(a) In general.—The Secretary, in consultation with appropriate entities within the Department of Health and Human Services, shall award 3-year competitive grants to 5 State health departments (or other appropriate child care licensing entities within such States) to help reduce and prevent obesity among the birth to 5 year old population of the State in child care settings outside a child's place of residence.

“(b) Use of funds.—State grantees shall use amounts received under a grant under this subsection to—

“(1) provide, or enter into contracts to provide, training (that meets the requirements of subsection (c)) to the staff of national, State, or community-based organizations with networks of child care centers, or a consortium of child care centers and family child care homes consisting of at least 10 centers, for the purpose of implementing evidence-based or data-informed healthy eating and physical activity policies and practices, including curricula and other interventions; and

“(2) provide grants to child care centers and family child care homes, whose staff received the training described in paragraph (1), to implement practice, curricula, and policy changes (that meet the requirements of subsection (d)) that promote healthy eating and physical activity among the birth to 5 years of age population.

Preference in awarding grants shall be given to those States that demonstrate collaboration between relevant State entities related to child care and health and with key stakeholders, such as State early learning councils and other community-based organizations working with child care centers or family child care homes.

“(c) Training requirements.—

“(1) IN GENERAL.—Training provided under subsection (b) shall—

“(A) include the provision of information concerning age-appropriate healthy eating and physical activity interventions and culturally competent curricula for the birth to 5 years of age population in the State involved, which at a minimum shall include—

“(i) a handbook that includes recommendations, guidelines, and best practices for child care centers and family child care homes relating to healthy eating, physical activity, and screen time reduction;

“(ii) information about the availability of and services provided by child care health consultants; and

“(iii) health and wellness resources available through the Child Care Bureau and the Maternal and Child Health Bureau;

“(B) identify, improve upon, and expand nutrition and physical activity best practices targeted to the birth to 5 years of age population in the State involved and identify strategies for incorporating parental education and other parental involvement; and

“(C) provide instruction on how to appropriately model, direct, and encourage child care staff behavior to apply the best practices and strategies identified under subparagraph (B).

“(2) TRAINING ENTITIES.—A grantee may conduct the training required under this section directly, or may provide such training through a contract with—

“(A) an appropriate national, State, or community organization with relevant expertise;

“(B) a health care provider or professional organization with relevant expertise;

“(C) a university or research center that employs faculty with relevant expertise; or

“(D) any other entity determined appropriate by the State and approved by the Secretary.

“(3) REQUIREMENT OF CONTRACT.—If a grantee elects to provide the training under this section through a contract, the grantee shall ensure that a consistent healthy eating and physical activity curriculum is being developed for all child care entities participating in the pilot program in the State.

“(d) Practice, curricula, and policy changes.—After training is provided as required under subsection (c), a State grantee shall ensure that the organizations and consortium involved—

“(1) implement, in child care settings, evidence-based or data-informed policy changes that promote healthy eating, physical activity, and appropriate screen time limits among the birth to 5 years of age population;

“(2) utilize an evidence-based or data-informed, culturally competent healthy eating and physical activity curriculum in child care settings focusing on such birth to age 5 population;

“(3) implement programs, activities, and procedures for incorporating parental education and involvement of parents in programs, including disseminating a written parental involvement policy, and coordinating and integrating parental involvement strategies under this section, to the extent feasible and appropriate, with parental involvement strategies under other programs, such as the Head Start program and the Early Head Start Program; and

“(4) find innovative ways to remove barriers that exist to providing opportunities for healthy eating and physical activity.

All activities described in this paragraph shall be evidence-based and data-informed and be consistent with the curriculum presented through training activities described in subsection (c).

“SEC. 399OO–2. Grants for the evaluation of pilot programs.

“The Secretary shall award competitive grants to Prevention Research Centers or universities to evaluate the programs carried out with grants under section 399OO–1, including baseline, process, and outcome measurements.

“SEC. 399OO–3. Coordination.

“(a) Interagency coordination.—To the extent practicable, the Secretary shall coordinate activities conducted under this part with activities undertaken by the National Prevention, Health Promotion and Public Health Council established under section 4001 of the Patient Protection and Affordable Care Act (Public Law 111–148). Where practicable, such coordination shall—

“(1) include the sharing of current and emerging best practices concerning healthy eating, physical activity, and screen time limits that have a population-level impact in promoting nutrition and physical activity in child care settings;

“(2) promote the effective implementation and sustainability of such programs; and

“(3) avoid unnecessary duplication of effort.

“(b) Pilot coordination.—The Secretary shall designate an individual (directly or through contract) to provide technical assistance to States and pilot centers in the development, implementation, and evaluation of activities and dissemination of information described in paragraphs (1), (2), and (3) of subsection (a).

“SEC. 399OO–4. Evaluation and reporting.

“(a) Technical assistance and information.—The Secretary shall—

“(1) provide technical assistance to grantees and other entities providing training under a grant under this part; and

“(2) disseminate to health departments and trainers under grants under this part information concerning evidence-based or data-informed approaches, including dissemination of existing toolkits, curricula, and existing or emerging best practices that can be expanded or improved upon through a program conducted under this part.

“(b) Evaluation requirements.—With respect to evaluations conducted under section 399OO–2, the Secretary shall ensure that—

“(1) evaluation metrics are consistent across all programs funded under this part;

“(2) interim outcomes are measured by the number of centers that have implemented policy and environmental strategies that support use of curricula and practices supporting healthy eating, physical activity, and screen time limits;

“(3) interim outcomes are measured, to the extent possible, by behavior changes in healthy eating, physical activity, and screen time; and

“(4) upon completion of the program, the evaluation shall include an identification of best practices relating to behavior change and reductions in the increasing prevalence of overweight and obesity that could be replicated in other settings.

“(c) Dissemination of information.—Upon the conclusion of the programs carried out under this part, the Secretary shall disseminate to all appropriate agencies within the Department of Health and Human Services evidence, best practices, and lessons learned from grantees. Such agencies shall encourage the adoption of the best practices.

“(d) Report to Congress.—Not later than 6 months after the completion of the pilot program under this part, the Secretary shall submit to Congress a report concerning the evaluation of the pilot programs, including recommendations as to how lessons learned from such programs can be incorporated into future guidance documents developed and provided by the Secretary and other Federal agencies, as appropriate.

“SEC. 399OO–5. Authorization of appropriations.

“There is authorized to be appropriated to carry out this part, $2,500,000 for each of fiscal years 2011, 2012 and 2013.”.

SEC. 122. Health and fitness school programs: training America’s youth to live healthy lifestyles.

(a) In general.—The Secretaries shall carry out a 2-year pilot program consisting of awarding grants to eligible entities for the purpose of establishing or expanding evidence-informed health and fitness programs in secondary schools in low-income communities.

(b) Health and fitness program requirements.—As a condition on receipt of a grant under this section, an eligible entity shall agree that any health and fitness program at a secondary school funded through the grant will—

(1) be conducted in partnership with the secondary school, community entities, local contributors of funds, and tribal councils;

(2) include services by recent graduates of institutions of higher education who are interested in pursuing graduate degrees in medicine, nursing, nutrition science, exercise physiology, public health, or a related discipline;

(3) use services by such graduates to supplement rather than supplant the health and fitness curriculum of the secondary school;

(4) include a highly effective student-mentor intervention and education program conducted by such graduates for a maximum of 2 years of service in 1 secondary school per graduate;

(5) build a healthier community through wellness activities and increased awareness about and access to healthy foods;

(6) provide daily health and fitness instruction to both students and faculty;

(7) conduct an annual in-school health fair using the services of secondary school students with the objective of building a healthier community through wellness activities and increased awareness about and access to healthy foods;

(8) conduct an annual school-based and an annual community-based health fair using the services of secondary school students with the objective of building a healthier community through wellness activities and increased awareness about and access to healthy foods; and

(9) expose secondary school students to a variety of career choices in wellness and health-related disciplines, including careers in medicine, nursing, nutrition science, and exercise physiology.

(c) Non-Federal funds.—The Secretaries shall encourage grantees under this section to contribute funds from non-Federal sources to increase—

(1) the number of secondary schools at which health and fitness programs are offered; or

(2) the longevity of such programs.

(d) Minimum number of schools.—The Secretaries shall ensure that grants under this section are used to establish or expand health and fitness programs at a total of not less than 20 schools.

(e) Assessment; reporting.—As conditions on receipt of a grant under this section, an eligible entity shall agree to—

(1) conduct an annual assessment of health and fitness programs funded through the grant using the Centers for Disease Control and Prevention’s School Health Index;

(2) on an annual basis, report the findings of each assessment under paragraph (1) to the participating school, community partners, local contributors of funds, and tribal councils; and

(3) not later than the end of fiscal year 2012, submit a report to the Secretaries and an appropriate representative of the Centers for Disease Control and Prevention on the success of the programs in educating children and families and thereby preventing or reducing childhood obesity, including data from each assessment under paragraph (1).

(f) Definitions.—In this section:

(1) The term “secondary school” has the meaning given to such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2) The term “eligible entity” means a nonprofit organization or entity with the ability to meet the requirements applicable to a grantee under this section, as determined by the Secretaries.

(3) The term “low-income communities” includes—

(A) communities with a high percentage of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and

(B) any other communities determined by the Secretaries to be low-income for purposes of this section.

(4) The term “Secretaries” means the Secretary of Health and Human Services and the Secretary of Education, acting jointly and in conjunction with the Director of the Centers for Disease Control and Prevention.

(g) Authorization of appropriations.—To carry out this section, there is authorized to be appropriated $1,400,000 for the period of fiscal years 2011 through 2012.

SEC. 201. Community health and wellness navigators pilot program: connecting America’s health professional with our schools.

(a) In general.—The Secretary of Health and Human Services shall award grants to 5 or more States for the establishment of a community navigator program, consisting of each such State making subgrants to 1 or more eligible entities for a local community navigator program described in subsection (b).

(b) Program description.—A local community navigator program described in this subsection shall consist of the following:

(1) An eligible entity, in partnership with a local educational agency, a bureau-funded school, or a nonprofit health or education organization, will hire and train 2 or more community navigators.

(2) The community navigators will facilitate a relationship between the eligible entity and the local educational agency, bureau-funded school, or nonprofit health or education organization in low-income communities to ensure increased access to medical care through educating parents and school administrators.

(3) The community navigators will carry out educational activities for elementary school and secondary school students and their parents in low-income communities with the goal of—

(A) increasing familial intake of nutritious meals;

(B) increasing physical activity both in and out of the school setting; and

(C) increasing access to medical care.

(c) Report.—Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the effectiveness of the program under this section.

(d) Definitions.—In this section:

(1) The term “bureau-funded school” has the meaning given such term in section 1146 of the Education Amendments of 1978 (25 U.S.C. 2026).

(2) The terms “elementary school”, “local educational agency”, and “secondary school” have the meanings given to such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(3) The term “eligible entity” includes a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))), a facility operated by the Indian Health Service (including a facility operated by an Indian tribe or tribal organization through a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)), a free-standing children’s hospital that is described in subparagraph (L) or (M) of section 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4)), a non-profit with demonstrated effectiveness in the area of healthcare and with a focus on serving low-income communities, a rural hospital, and a rural health clinic.

(4) The term “low-income communities” includes—

(A) communities with a high percentage of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and

(B) any other communities determined by the Secretaries to be low-income for purposes of this section.

(5) The term “nonprofit health or education organization” shall be defined by the Secretary.

(6) The term “Secretary” means the Secretary of Health and Human Services.

(7) The term “State” includes the District of Columbia and any commonwealth, territory, or possession of the United States, including the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(e) Authorization of appropriations.—To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2011 and 2012.

SEC. 202. Requirement to expedite national Medicare coverage determinations for evidence-based preventive services.

(a) In general.—Not later than January 1, 2011, the Secretary of Health and Human Services shall issue national Medicare coverage determinations for evidence-based preventive and treatment services, including services to prevent or treat overweight and obesity that have in effect a rating of ‘A’ or ‘B’ (relating to a classification representing strongly recommended or recommended services) in the current recommendations of the United States Preventive Services Task Force (in this section referred to as “USPSTF”) and clinical services for preventing and treating overweight and obesity as defined by the National Heart, Lung and Blood Institute’s (in this section referred to as “NHLBI”) Clinical Guidelines on the Identification, Evaluation and Treatment of Overweight and Obesity in Adults. The Secretary shall update such coverage determinations based on future updates to such USPSTF and NHLBI guidelines.

(b) Updating recommendations.—The Secretary shall instruct—

(1) the Agency for Healthcare Research and Quality and the USPSTF to update, by not later than one year after the date of the enactment of this Act and at least once every 5 years thereafter, USPSTF recommendations relating to the prevention of overweight and obesity that have in effect a rating of ‘I’ (relating to a classification representing insufficient evidence to make a recommendation for the service involved) to determine if such rating should be upgraded to a rating of “A” or “B”; and

(2) the National Heart, Lung and Blood Institute to update, by not later than December 31, 2010, and at least once every 3 years thereafter, the NHLBI Clinical Guidelines described in subsection (a).

SEC. 203. Expansion of obesity treatment services under Medicare.

(a) Coverage.—Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 4103 of the Patient Protection and Affordable Care Act (Public Law 111–148), is further amended—

(1) in subsection (s)(2)—

(A) in subparagraph (EE), by striking at the end “and”;

(B) in subparagraph (FF), by adding at the end “and”; and

(C) by adding at the end the following new subparagraph:

“(GG) items and services furnished under an obesity treatment program (as defined in subsection (iii));”; and

(2) by adding at the end the following new subsection:

“(iii) Obesity treatment program.—The term ‘obesity treatment program’ means—

“(1) medical services delivered to eligible individuals under a plan of care for the purpose of reducing body mass index and the associated co-morbidities of obesity, including the following:

“(A) the development of an initial plan of care and subsequent revisions to that plan of care;

“(B) medical and surgical interventions as determined appropriate by the Secretary; and

“(C) additional services for which payment would not otherwise be made under this title that the Secretary may specify that encourage the receipt of, or improve the effectiveness of, the services described in the preceding subparagraphs.

In carrying out subparagraph (C), the Secretary shall consider recommendations of the United States Preventive Services Task Force; clinical practice guidelines for treatment of overweight, obesity, and severe obesity issued by professional medical societies; and consensus statements and guidelines on effective treatment of overweight, obesity, and severe obesity issued by the National Institutes of Health, professional medical societies, and other authoritative sources (such as those identified in the National Heart Lung and Blood Institute’s Clinical Guidelines on the Identification, Evaluation, and Treatment of Overweight and Obesity in Adults).

“(2) For purposes of this subsection, the term ‘eligible individual’ means an individual who has—

“(A) been diagnosed with obesity by a physician (as defined in subsection (r)) or provider of services (as defined in subsection (u));

“(B) a body mass index of at least 30; or

“(C) a body mass index of at least 27 with at least one weight-related comorbid condition.

It is not necessary for such individual to be diagnosed with co-morbidities in addition to the obesity diagnosis or body mass index of at least 30 in order to be considered an ‘eligible individual’ under this subsection.”.

(b) Payment.—Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 10501(h)(3)(B) of the Patient Protection and Affordable Care Act (Public Law 111–148), is amended—

(1) by striking “and” before “(Z)”; and

(2) by inserting before the semicolon at the end the following: “, and (AA) with respect to items and services furnished under an obesity treatment program (as defined in section 1861(iii)), the amount paid shall be 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph”.

SEC. 204. Coverage of evidence-based preventive services under Medicaid and SCHIP.

(a) State Option To Provide Medical Assistance for Evidence-Based Preventive Services.—

(1) IN GENERAL.—Section 1905 of the Social Security Act (42 U.S.C. 1396d)—

(A) in subsection (a), as amended by section 2301(a) of the Patient Protection and Affordable Care Act, is further amended—

(i) in paragraph (28), by striking “and” at the end;

(ii) by redesignating paragraph (29) as paragraph (30); and

(iii) by inserting after paragraph (28) the following:

“(29) evidence-based preventive services described in subsection (dd); and”; and

(B) as amended by section 10201(c)(6) of the Patient Protection and Affordable Care Act, is further amended by adding at the end the following:

“(dd) For purposes of subsection (a)(29), evidence-based preventive services described in this subsection are any preventive services which the Secretary has determined are reasonable and necessary, including, as so determined, diet and exercise counseling, healthy weight and obesity counseling, and any other evidence-based, effective clinical intervention for obese individuals, including pharmacological or surgical services, designed to prevent comorbidities of obesity.”.

(2) CONFORMING AMENDMENT.—Section 1902(a)(10)(C)(iv) of such Act is amended by inserting “, and (29)” after “(24)”.

(b) State option To provide child health assistance for evidence-Based preventive services.—Section 2110(a) of the Social Security Act (42 U.S.C. 1397jj(a)) is amended—

(1) by redesignating paragraph (28) as paragraph (29); and

(2) by inserting after paragraph (27) the following:

“(28) Evidence-based preventive services described in section 1905(dd).”.

SEC. 205. Coverage of medical nutrition therapy under Medicaid and SCHIP.

(a) State Option To Provide Medical Assistance for Medical Therapy Services.—

(1) IN GENERAL.—Section 1905(a) of the Social Security Act (42 U.S.C. 1396d), as amended by section 204(a), is amended—

(A) in paragraph (29), by striking “and” at the end;

(B) by redesignating paragraph (30) as paragraph (31); and

(C) by inserting after paragraph (29) the following:

“(30) medical nutrition therapy services (as defined in section 1861(vv)(1)) for individuals with pre-diabetes or obesity, or who are overweight (as defined by the Secretary); and”.

(2) CONFORMING AMENDMENT.—Section 1902(a)(10)(C)(iv) of such Act, as amended by section 204(a)(2), is amended by striking “and (29)” and inserting “(29), and (30)”.

(b) State option To provide child health assistance for medical nutrition therapy services.—Section 2110(a) of the Social Security Act (42 U.S.C. 1397jj(a)), as amended by section 204(b), is amended—

(1) by redesignating paragraph (29) as paragraph (30); and

(2) by inserting after paragraph (28) the following:

“(29) Medical nutrition therapy services (as defined in section 1861(vv)(1)) for individuals with pre-diabetes or obesity, or who are overweight (as defined by the Secretary).”.

SEC. 206. Clarification of EPSDT inclusion of prevention, screening, and treatment services for obesity and overweight; SCHIP coverage.

(a) In general.—Section 1905(r)(5) of the Social Security Act (42 U.S.C. 1396d(r)(5)) is amended by inserting before the period the following: “, including weight and BMI measurement and monitoring, as well as appropriate treatment services, including medical nutrition therapy services (as defined in section 1861(vv)(1)), physical therapy or exercise training, behavioral health counseling, and such other evidence based services as recommended by the Secretary (after taking into consideration the American Academy of Pediatrics Expert Committee Guidelines Regarding the Prevention, Assessment, and Treatment of Child and Adolescent Overweight and Obesity)”.

(b) SCHIP.—

(1) REQUIRED COVERAGE.—Section 2103 (42 U.S.C. 1397cc) is amended—

(A) in subsection (a), in the matter preceding paragraph (1), by striking “and (7)” and inserting “(7), and (9)”; and

(B) in subsection (c)—

(i) by redesignating paragraph (7) as paragraph (9); and

(ii) by inserting after paragraph (6), the following:

“(7) PREVENTION, SCREENING, AND TREATMENT SERVICES FOR OBESITY AND OVERWEIGHT.—The child health assistance provided to a targeted low-income child shall include coverage of weight and BMI measurement and monitoring, as well as appropriate treatment services (including but not limited to) medical nutrition therapy services (as defined in section 1861(vv)(1)), physical therapy or exercise training, behavioral health counseling, and such other evidence based services as recommended by the Secretary. For purposes of the previous sentence the Secretary shall take into consideration the American Academy of Pediatrics Expert Committee Guidelines Regarding the Prevention, Assessment, and Treatment of Child and Adolescent Overweight and Obesity.”.

(2) CONFORMING AMENDMENT.—Section 2102(a)(7)(B) (42 U.S.C. 1397bb(c)(2)) is amended by striking “section 2103(c)(5)” and inserting “paragraphs (5) and (7) of section 2103(c)”.

SEC. 207. National commission on child obesity.

(a) Establishment.—There is established a commission to be known as the National Commission on Child Obesity (in this section referred to as the “Commission”).

(b) Duties of commission.—The Commission shall—

(1) conduct a comprehensive study that examines and assesses the needs of children relating to the prevalence, prevention, and treatment of childhood overweight and obesity, including specific findings relating to—

(A) best practices for the prevention and treatment of childhood overweight and obesity;

(B) child physical health and mental health;

(C) child care in all settings;

(D) child welfare;

(E) elementary and secondary education;

(F) food availability in neighborhoods;

(G) access to health care;

(H) health care utilization;

(I) built environment;

(J) parent physical health and education;

(K) underserved communities, including tribal communities, health professional shortage areas designated under section 332 of the Public Health Service Act (42 U.S.C. 254e), medically underserved areas (as defined in section 799B of such Act (42 U.S.C. 295p), and areas in the Appalachian region (as defined in section 14102(a) of title 40, United States Code);

(L) relevant activities in childhood overweight and obesity; and

(M) the availability of information on State and Federal supportive nutrition programs, such as the Summer Food Service Program, the Women, Infants, and Children Program, the State Children’s Health Insurance Program under title XXI of the Social Security Act, and the Supplemental Nutrition Assistance Program;

(2) identify, review, and evaluate existing laws, regulations, policies, programs, and public health initiatives relevant to best practices for the prevalence, prevention, and treatment of childhood overweight and obesity;

(3) identify, review, and evaluate the lessons learned from past laws, regulations, policies, programs, and public health initiatives relevant to the prevalence, prevention, and treatment of childhood overweight and obesity;

(4) advise on the need to revise laws, regulations, policies, and programs relative to addressing best practices for the prevalence, prevention, and treatment of childhood overweight and obesity at regular intervals as new knowledge is gained;

(5) include in the interim report required by subsection (i)(1) recommendations on—

(A) the appropriate Federal agency to establish the infrastructure for the creation of a comprehensive nationwide registry of patient data associated with children living with obesity;

(B) the specific criteria needed for such registry to allow the field of pediatric clinicians access to patient-level, clinical data suitable for research and the development of best practices;

(C) the appropriate funding level required for the establishment and implementation of such the registry described in subparagraph (A); and

(D) how to capture large-scale data that are currently unavailable on adolescent and child patients who are currently obese; and

(6) include in the final report required by subsection (i)(3) the Commission’s specific findings, conclusions, and recommendations to address the needs of children relating to the prevention and treatment of childhood overweight and obesity, including specific recommendations on—

(A) the need for planning and establishing a national resource center for children and obesity; and

(B) such coordination of resources and services, administrative actions, policies, regulations, and legislative changes as the Commission considers appropriate.

(c) Composition.—

(1) MEMBERS.—The Commission shall be composed of 15 members, of whom—

(A) 3 members, each of a different political party, shall be appointed by the President;

(B) 3 members shall be appointed by the majority leader of the Senate;

(C) 3 members shall be appointed by the minority leader of the Senate;

(D) 3 members shall be appointed by the Speaker of the House of Representatives; and

(E) 3 members shall be appointed by the minority leader of the House of Representatives.

(2) APPOINTMENT.—Members of the Commission shall be appointed not later than 6 months after the date of the enactment of this Act.

(3) CHAIRPERSON, VICE CHAIRPERSON, AND MEETINGS.—

(A) IN GENERAL.—Not later than 30 days after the date on which all members of the Commission are appointed under paragraph (1), such members shall meet to elect a Chairperson and Vice Chairperson from among such members and shall determine a schedule of Commission meetings.

(B) INITIAL MEETING.—The Commission shall meet and begin the operations of the Commission not later than 120 days after the appointment of members of the Commission.

(4) GOVERNMENTAL APPOINTEES.—An individual appointed to the Commission may not be an official or employee of the Federal Government.

(5) COMMISSION REPRESENTATION.—The Commission shall include at least one—

(A) representative from each of a nonprofit and for-profit entity with demonstrated expertise in addressing the needs of children relating to the prevalence, prevention, and treatment of childhood overweight and obesity;

(B) State or local director of health; and

(C) tribal health representative.

(6) QUALIFICATIONS.—Members appointed under paragraph (1) may include—

(A) individuals involved with providing services to children, including health and other social services;

(B) individuals involved with administering health insurance coverage to children;

(C) individuals with experience in public health initiatives relating to the prevention and treatment of childhood overweight and obesity, including coordination of resources and services among State and local governments, the Federal Government, and nongovernmental entities;

(D) individuals with philanthropic experience focused on the needs of children relating to the prevalence, prevention, and treatment of childhood overweight and obesity; and

(E) individuals who have conducted academic research relating to the prevalence, prevention, and treatment of childhood overweight and obesity.

(7) QUORUM AND VACANCY.—

(A) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(B) VACANCY.—Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made.

(d) Powers of commission.—

(1) HEARINGS.—The Commission may hold such hearings, meet and act at such times and places, and receive such evidence as may be necessary to carry out the functions of the Commission.

(2) INFORMATION FROM FEDERAL AGENCIES.—

(A) IN GENERAL.—The Commission may access, to the extent authorized by law, from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government such information, suggestions, estimates, and statistics as the Commission considers necessary to carry out this section.

(B) PROVISION OF INFORMATION.—On written request of the Chairperson of the Commission, each department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government shall, to the extent authorized by law, provide the requested information to the Commission.

(C) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders.

(3) ASSISTANCE FROM FEDERAL AGENCIES.—

(A) GENERAL SERVICES ADMINISTRATION.—On request of the Chairperson of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support and other assistance necessary for the Commission to carry out its duties.

(B) OTHER DEPARTMENTS AND AGENCIES.—In addition to assistance under subparagraph (A), departments and agencies of the United States may provide to the Commission such assistance as they determine advisable and as authorized by law.

(4) CONTRACTING.—The Commission may enter into financially reasonable contracts to enable the Commission to discharge its duties under this section.

(5) POSTAL SERVICES.—The Commission may use the United States mails in the same manner and under the same conditions as a department or agency of the United States.

(e) Staff of commission.—

(1) IN GENERAL.—The Chairperson of the Commission, in consultation with the Vice Chairperson, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director, policy director, and administrative assistant (and other staff if agreed upon by a majority of Commission members) to enable the Commission to carry out its functions, in accordance with the provisions of title 5, United States Code, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.

(2) STAFF OF FEDERAL AGENCIES.—Upon request of the Chairperson of the Commission, the head of any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government may detail, without reimbursement, any of its personnel to the Commission to assist it in carrying out its duties under this section. Any detail of an employee shall be without interruption or loss of civil service status or privilege.

(3) CONSULTANT SERVICES.—The Commission is authorized to procure (pursuant to a majority vote of the Commission members) the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(f) Travel expenses.—Each member of the Commission shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.

(g) Applicability of FACA.—The Federal Advisory Committee Act, including any provisions applicable to staff, is deemed to apply to the Commission.

(h) Reports of commission; termination.—

(1) INTERIM REPORT.—The Commission shall, not later than 1 year after the date of its first meeting, submit to the President and the Congress an interim report containing specific findings, conclusions, and recommendations required under this section and agreed to by a majority of Commission members.

(2) OTHER REPORTS AND INFORMATION.—

(A) REPORTS.—The Commission may issue additional reports as the Commission determines necessary.

(B) INFORMATION.—The Commission may hold public hearings to collect information and shall make such information available for use by the public.

(3) FINAL REPORT.—The Commission shall, not later than 2 years after the date of its first meeting, submit to the President and Congress a final report containing specific findings, conclusions, and recommendations required under this section and agreed to by a majority of Commission members.

(4) TERMINATION.—

(A) IN GENERAL.—Unless reauthorized by statute, the Commission, and all the authorities of this section, shall terminate 180 days after the date on which the final report is submitted under paragraph (3).

(B) RECORDS.—Not later than the date of termination of the Commission under subparagraph (A), all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives.

(i) Definitions.—In this section:

(1) OBESITY.—The term “obesity” with respect to children means having a body mass index (BMI) greater than or equal to the 95th percentile for age and sex according to the Centers for Disease Control and Prevention.

(2) CHILD; CHILDREN.—The terms “child” and “children” mean an individual or individuals, respectively, who have not attained 18 years of age.

(j) Authorization of appropriations.—There is authorized to be appropriated to carry out this section, $1,500,000 for each of fiscal years 2011 and 2012.

SEC. 208. GAO report.

Not later than 2 years after the first appropriation of Federal funds to carry out this Act, the Comptroller General of the United States shall submit to Congress a report on the effectiveness of the activities carried out under this Act in reducing child obesity, which shall include an analysis of the costs and the benefits of such activities.

SEC. 301. Renovation of foreclosed and abandoned properties to create spaces that encourage physical activity in American neighborhoods.

Section 106(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(a)) is amended—

(1) in paragraph (3)—

(A) by striking “(1) and” and inserting “(1),”; and

(B) by inserting “and after reserving such amounts for units of general local government, special district governments, and Indian tribes with high foreclosure rates and great infrastructure need under paragraph (4),” after “paragraph (2),”;

(2) by redesignating paragraph (4) as paragraph (5);

(3) in paragraph (5), as redesignated by paragraph (2) of this section, by striking “paragraphs (1), (2), and (3)” and inserting “paragraphs (1), (2), (3), and (4)”; and

(4) by inserting after paragraph (3) the following new paragraph:

“(4)(A) For each fiscal year, of the amount approved in appropriation Acts under section 103 for grants for such fiscal year (excluding the amounts provided for use in accordance with section 107), the Secretary shall reserve for grants to units of general local government, special district governments, and Indian tribes that the Secretary determines have both high foreclosure rates and the greatest infrastructure needs, based on the scope of the needs, an amount the Secretary determines necessary.

“(B) Grants under this paragraph may be used by units of general local government, special district governments, and Indian tribes to—

“(i) renovate foreclosed commercial properties, abandoned commercial properties, or both, to be transformed in community centers, public recreation facilities, swimming pools, or any other type of facility that will encourage indoor physical activity;

“(ii) demolish foreclosed or abandoned commercial and residential properties, or both, to use the sites for—

“(I) the construction of parks, playgrounds, outdoor swimming pools, tracks, soccer fields, baseball diamonds, or any other type of facility that will encourage outdoor physical activity;

“(II) community gardens or urban farms, particularly in areas that are food deserts (as such term is defined in section 7527(a) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–234); or

“(III) mixed used facilities that are used for both of the purposes under subclauses (I) and (II) of this clause; and

“(iii) reconstruct and repair dilapidated sidewalks, bike and pedestrian trails, and indoor and outdoor facilities that encourage physical activity.

“(C) In making grants under this paragraph, the Secretary shall give priority among units of general local government, special district governments, and Indian tribes eligible pursuant to subparagraph (A)—

“(i) to units of general local government, special district governments, and Indian tribes that demonstrate the ability and willingness to work with local educational agencies, developers, and other community-based organizations to enter into mixed-use agreements to maximize the use and efficiency of properties renovated, constructed, or reconstructed and repaired through the use of grant funds;

“(ii) to units of general local government, special district governments, and Indian tribes that demonstrate the willingness to recognize and promote the involvement of individuals enrolled in a national service program authorized under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) or the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) in the renovation, construction, or reconstruction and repair of properties through the use of grant funds; and

“(iii) to projects proposed by units of general local government, special district governments, and Indian tribes that are easily accessible, on foot or by public transportation, for persons in low-income communities.

“(D) For purposes of this paragraph, the term ‘special district government’ means any organized local entity, known by a variety of titles, including districts, authorities, boards, and commissions, other than a unit of general local government or local educational agency, authorized by State law to provide only one or a limited number of designated functions, and with sufficient administrative and fiscal autonomy to qualify as a separate government unit, as determined by the Secretary.”.

SEC. 302. National youth sports program revitalization.

Section 682(g) of the Community Services Block Grant Act (42 U.S.C. 9923(g)) is amended by striking “$15,000,000” and all that follows through “2003”, and inserting “$20,000,000 for each of the fiscal years 2011 through 2021”.

SEC. 303. Expansion of the Zuni Youth Enrichment Project Summer Camp.

(a) In general.—The Secretary of Health and Human Services shall establish a 2-year pilot program to provide funds to community-based organizations on Indian reservations or tribal lands to plan and implement an enrichment program for children (in the form of a summer camp and a year-round program) for the purpose of—

(1) reversing the epidemics of obesity, diabetes, and alcoholism in such areas; and

(2) to mitigate other problems stemming from the formation of bad habits and the development of low self esteem during childhood.

(b) Partnerships.—In order to qualify for funding under subsection (a), a community-based organization shall demonstrate, to the satisfaction of the Secretary of Health and Human Services, that the community-based organization has entered into a partnership with community entities, local funders, and tribal leaders (including, if applicable, the tribal council) to plan and execute an enrichment program under subsection (a).

(c) Number of sites.—The Secretary of Health and Human Services, in providing funding under subsection (a), shall provide funding to no more than 20 community-based organizations.

(d) Model and camp requirement.—The enrichment program under subsection (a) shall—

(1) be modeled on similar programs established by the Zuni Youth Enrichment Project; and

(2) shall include a camp of at least 6 weeks in duration during the summer.

(e) Specific camp requirements.—

(1) DAILY ACTIVITIES.—With respect to children attending a camp under subsection (d)(2), the leader of the organization that receives funds under subsection (a) shall, for each day of the camp, ensure that, such children are—

(A) involved in at least 60 minutes of physical activity (with appropriate accommodations made for children with disabilities); and

(B) provided with at least two meals that meet national nutritional standards.

(2) OTHER ACTIVITIES.—Such leader shall also ensure that—

(A) a community gardening activity is included in the activities conducted at the camp; and

(B) health and wellness education is provided to the children attending the camp.

(f) Evaluation.—

(1) IN GENERAL.—A community-based organization that receives funding under subsection (a), shall, as a condition of receiving such funding, conduct an evaluation of the enrichment program conducted by such organization.

(2) MODEL.—The form, manner, content, and frequency of the evaluation under paragraph (1) shall be modeled on the Zuni Youth Enrichment Project standard project evaluation.

(g) Report.—Not later than 1 year after the date on which a community organization first receives funding under subsection (a) and annually thereafter, the organization shall—

(1) submit a report to the to the Secretary of Health and Human Services on the outcomes of the enrichment program conducted by the organization under this section, including—

(A) the findings of the evaluation conducted under subsection (f); and

(B) the impact of such enrichment program on the rates of childhood obesity on the reservation or area of tribal land served by the organization; and

(2) provide a copy of the findings under paragraph (1)(A) to community entities, local funders, tribal leaders (including, if applicable, the tribal council), and the families of children participating in the enrichment program.

SEC. 304. Making routes to schools in underserved communities safe and accessible with public participation through the Community Oriented Policing Services program.

Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended—

(1) in subsection (b)—

(A) in paragraph (16), by striking “and” after the semicolon;

(B) in paragraph (17), by striking the period and inserting “; and”; and

(C) by adding at the end the following new paragraph:

“(18) award grants for Safe Routes to School-Community Oriented Policing Services programs, in accordance with subsection (j).”; and

(2) by adding at the end the following new subsection:

“(j) Safe Routes to School-Community Oriented Policing Services programs.—

“(1) GRANT PROGRAM.—The Director of the Office of Community Oriented Policing Services, in collaboration with the Secretary of Education, shall award grants to not fewer than 10 local and tribal law enforcement agencies in low-income communities for the planning, development, and assessment of Safe Routes to School-Community Oriented Policing Services programs in accordance with this subsection.

“(2) GRANT PERIOD.—Each grant awarded under this subsection shall be for a 3-year period beginning with the first fiscal year that begins after the date of enactment of the Fit for LIFE Act of 2010, and may not be renewed.

“(3) USE OF GRANTS.—A grant awarded under this subsection shall be used by each grantee to—

“(A) assess the needs of the low-income community served by the grantee with respect to the ability of elementary and secondary school students to get to and from school safely; and

“(B) establish and maintain a Safe Routes to School-Community Oriented Policing Services program that ensures the availability of safe routes to and from school for elementary and secondary school students in underserved communities by addressing the unique personal safety dangers to students in such communities that may cause routes to or from school to be unsafe, such as dangers associated with crime, drug or gang activity, abandoned properties, and the presence of sexual predators.

“(4) REPORTS.—Not later than one year after receiving a grant award under this subsection, and annually thereafter, each grantee shall submit to the Director of the Office of Community Oriented Policing Services a report on the Safe Routes to School-Community Oriented Policing Services program carried out by the grantee that includes—

“(A) a description of the activities carried out with such grant during the preceding year;

“(B) the effectiveness of such activities in ensuring safe routes to and from school for elementary and secondary school students;

“(C) a description of the activities the grantee plans to carry out with such grant in succeeding years; and

“(D) best practices, plans, and findings for purposes of incorporation into urban planning and development in underserved communities in succeeding years.

“(5) DEFINITION.—The term ‘low-income communities’ includes—

“(A) communities with a high percentage of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and

“(B) any other communities determined by the Director of the Office of Community Oriented Policing Services to be low-income for purposes of this section.”.

SEC. 305. Land and Water Conservation Fund Program Grants in Low-Income Communities and Expand Tribal Participation.

Section 6(e) of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l–8(e)) is amended by adding at the end the following:

“(3) LOW-INCOME COMMUNITIES AND INDIAN RESERVATIONS.—For development of programs to increase the use of and access to parks and open space in low-income communities and on or near Indian reservations.”.

SEC. 306. Changing Hearts, Attitudes, and Minds by Participating in Sports (CHAMPS) Program.

Part B of title III of the Public Health Service Act is amended by inserting after section 317T (42 U.S.C. 247b–22) the following:

“SEC. 317U. Changing Hearts, Attitudes, and Minds by Participating in Sports (CHAMPS) Program.

“(a) In General.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to carry out nationally-based or community-based qualified childhood obesity prevention initiatives.

“(b) Eligible entities.—To be eligible to seek a grant under this section, an entity shall be—

“(1) a nationally-based nonprofit organization proposing to implement programs described in subsection (c), each serving at least 1,000 individuals, at 5 or more locations across the Nation; or

“(2) a community-based nonprofit organization proposing to implement a program described in subsection (c) serving at least 1,000 individuals.

“(c) Qualified childhood obesity prevention initiative.—To qualify as a childhood obesity prevention initiative eligible for funding under this section, an initiative shall consist of programs that—

“(1) serve children or adolescents most at risk for being overweight and obese in predominantly economically disadvantaged communities;

“(2) serve children or adolescents during after-school hours, weekends, or summer hours;

“(3) provide structured physical fitness activities, including organized sports, which engage each participant in a minimum of 60 minutes of moderate to vigorous physical activity at least three days per week for a period of at least 24 weeks in a given year;

“(4) provide adult supervision and guidance or coaches who encourage and teach proper exercise techniques and skills;

“(5) combine physical fitness activities with nutritional counseling and education; and

“(6) demonstrate measurable results for reducing childhood obesity on the part of participants, including through—

“(A) measurement and study of participants’ moderate to vigorous physical activity (MVPA) each day, both as part of the programs funded under this section and on the participants’ own initiative;

“(B) increased knowledge of and awareness about the importance of physical activity and exercise as well as the nutritional value of food and beverage choices;

“(C) keeping track of and reporting meaningful reductions in the consumption of food and beverages with low nutritional value, increased consumption of healthy items, and increased levels of unstructured, self-initiated physical activity outside of the programs funded under this section; and

“(D) measurement and study of participants’ body mass index (BMI) indicating that—

“(i) children entering programs funded under this section with a healthy body mass index maintain it while participating in such programs; and

“(ii) children participating in such programs with an unhealthy body mass index halt any negative trend lines towards obesity or begin trend lines in a positive direction.

“(d) Priority.—In selecting among applicants for grants under this section, the Secretary shall give priority to eligible entities proposing to carry out programs that will provide additional societal benefits, such as—

“(1) improvements to academic performance in school;

“(2) character building and leadership development;

“(3) gang and juvenile delinquency prevention and reduction;

“(4) gender equality and female empowerment;

“(5) mentoring, volunteerism promotion, and service-learning opportunities;

“(6) family and community engagement and participation; or

“(7) workforce education and career development opportunities.

“(e) Distribution of funds.—Of the amount made available to carry out this section for a fiscal year, the Secretary shall award—

“(1) not less than 25 percent of such amount to nationally-based nonprofit organizations described in subsection (b)(1); and

“(2) not more than 75 percent of such amount to community-based nonprofit organizations described in subsection (b)(2).

“(f) Cost-Share requirements.—

“(1) IN GENERAL.—With respect to the costs of a qualified childhood obesity prevention initiative to be carried out under this section—

“(A) in the case of an applicant that is a nationally-based nonprofit organization, a grant under subsection (a) may be made only if the organization agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than one-third of such costs ($1 for each $2 of Federal funds provided in the grant); and

“(B) in the case of an applicant that is a community-based nonprofit organization, a grant under subsection (a) may be made only if the organization agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than one-fourth of such costs ($1 for each $3 of Federal funds provided in the grant).

“(2) NON-FEDERAL CONTRIBUTIONS BY SUBGRANTEES.—If a nationally-based nonprofit organization chooses to provide grant funds received under this section to a subgrantee to carry out one or more programs as part of the organization’s qualified childhood obesity prevention initiative, the organization shall require the subgrantee to make available (directly or through donations from public or private entities) non-Federal contributions toward the costs of such programs in an amount that is not less than one-third of such costs ($1 for each $2 of Federal funds provided in the grant). The amount of non-Federal contributions by subgrantees required under this paragraph is in addition to the amount of non-Federal contributions by the nationally-based nonprofit organization required under paragraph (1).

“(3) DETERMINATION OF AMOUNT CONTRIBUTED.—

“(A) IN GENERAL.—Non-Federal contributions required by paragraph (1) or (2)—

“(i) in the case of a nationally-based nonprofit organization, shall be made in cash; and

“(ii) in the case of a subgrantee described in paragraph (2) or a community-based nonprofit organization, may be in cash or in kind, fairly evaluated, including plant, equipment, or services.

“(B) EXCLUSION OF FEDERAL CONTRIBUTIONS.—Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of non-Federal contributions required by paragraph (1) or (2).

“(g) Report to Congress.—Not later than one year after the first appropriation of Federal funds to carry out this section, the Secretary shall report to the Congress on the progress made in carrying out programs funded by grants under this section.

“(h) Best practices guidelines.—Based on the results of programs funded through grants under this section during the first two fiscal years of such funding, the Secretary shall develop publicly-accessible best practices guidelines for obesity reduction programs. The Secretary shall update these guidelines every two years.

“(i) Authorization of appropriations.—To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2011 through 2015.”.

SEC. 307. Coordinated School Health Initiatives.

(a) In general.—From the amounts appropriated to carry out this section, the Secretary of Education shall carry out a pilot program to award grants to not more than 5 eligible entities to carry out coordinated school health initiatives in schools.

(b) Amount of grant.—A grant awarded under subsection (a) may not exceed $15,000.

(c) Use of funds.—An eligible entity receiving a grant under this section shall carry out a coordinated school health initiative in each school under the jurisdiction of the entity under which the entity shall—

(1) carry out a program, such as a fitnessgram, to assess the physical fitness (including aerobic capacity, muscular strength and endurance, flexibility, and body composition) of each student served by the entity; and

(2) evaluate such assessments to—

(A) establish baselines with respect to aerobic capacity, muscular strength and endurance, flexibility, and body composition that each such student should meet by a certain period; and

(B) identify interventions to assist each such student in meeting such baselines;

(3) review the interventions identified under paragraph (2)(B) to determine the best practices with respect to such interventions;

(4) use the determinations for best practices under paragraph (3) to implement interventions in each school under the jurisdiction of the entity; and

(5) not later than 1 year after the implementation of the interventions, assess the physical fitness of each student served by the entity.

(d) Reporting.—

(1) ELIGIBLE ENTITY.—Each eligible entity receiving a grant under this section shall submit to the Secretary at such time and in such manner as determined by the Secretary, a report on—

(A) the initial physical fitness assessments carried out under subsection (c)(1);

(B) the interventions implemented under subsection (c)(4); and

(C) the physical fitness assessments carried out under subsection (c)(5) after the interventions have been implemented.

(2) SECRETARY.—Not later than the first appropriation of Federal funds to carry out this section, the Secretary shall use the reports received under paragraph (1) to prepare and transmit to Congress a report on—

(A) the average physical fitness levels of students participating in the coordinated school health initiative under this section—

(i) prior to the interventions implemented by each eligible entity under this section; and

(ii) 1 year after the implementation of the interventions;

(B) the best practices with respect to the interventions; and

(C) recommendations on how schools and local educational agencies may incorporate such best practices.

(e) Application.—To receive a grant under this section, an eligible entity shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require.

(f) Supplement, Not Supplant.—Funds received under this section shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this section.

(g) Definitions.—For purposes of this section:

(1) ELIGIBLE ENTITY.—The term “eligible entity” means a local educational agency—

(A) that serves—

(i) a high percentage of students eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act; or

(ii) a community otherwise determined by the Secretary to be a low-income community; and

(B) that forms a partnership with an institution of higher education or a nonprofit health or education organization, as determined by the Secretary, for the purposes of carrying out the coordinated school health initiative described in subsection (c).

(2) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(3) LOCAL EDUCATIONAL AGENCY.—The term “local educational agency” has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(4) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.

SEC. 308. Rewarding elementary and secondary schools for outstanding student performance in physical fitness programs.

(a) In general.—The Secretary of Health and Human Services may make grants to elementary and secondary schools as rewards for their students’ outstanding performance in the President’s Challenge or other federally supported physical fitness programs.

(b) Preference.—In making grants under subsection (a), the Secretary shall give preference to elementary and secondary schools that—

(1) have the highest percentage of students earning a Presidential Physical Fitness Award through the President’s Challenge; and

(2) demonstrate the greatest improvement in the number or percentage of students earning the National Physical Fitness Award and the Participant Physical Fitness Award through the President’s Challenge.

(c) Use of funds.—As a condition on receipt of a grant under this section, a school shall agree to use the grant funds for programs and activities to further improve the physical fitness of students.

(d) Application.—To seek a grant under this section, a school shall submit an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, an application under this subsection shall include—

(1) a description of the school’s programs and activities for improving physical fitness;

(2) an assurance of compliance with applicable requirements of physical fitness programs of the Department of Health and Human Services; and

(3) an assessment of physical fitness levels of students in the school before, during, and after implementation such programs.

(e) Reports.—

(1) HHS.—Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the Congress on the program of grants under this section, including—

(A) a description of best practices by elementary and secondary schools for improving physical fitness; and

(B) any recommendations for improving the program under this section.

(2) GAO.—Not later than 24 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study and submit a report to the Congress—

(A) analyzing physical fitness levels of students in elementary and secondary schools across the Nation;

(B) evaluating the President’s Challenge to determine whether the standards for Presidential Physical Fitness Awards, National Physical Fitness Awards, and Participant Physical Fitness Awards are accurate, up-to-date, and appropriate; and

(C) evaluating the effectiveness of the awards described in subparagraph (B).

(f) Definitions.—In this section:

(1) The term “elementary and secondary schools” means public or private elementary schools and secondary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).

(2) The term “President’s Challenge” refers to the premier program of the President’s Council on Fitness, Sports & Nutrition, under the Secretary of Health and Human Services, for increasing physical activity and improving physical fitness.

(3) The term “Secretary” means the Secretary of Health and Human Services.