SA 3661. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows;

At the appropriate place, insert the following:

SEC.__. PREVENTING CHILDHOOD OBESITY.
(a) FEDERAL LEADERSHIP COMMISSION TO PREVENT CHILDHOOD OBESITY.--Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by adding at the end the following:

``SEC. 399Z-1. FEDERAL LEADERSHIP COMMISSION TO PREVENT CHILDHOOD OBESITY.
``(a) IN GENERAL.--The Secretary shall ensure that the Federal Government coordinates efforts to develop, implement, and enforce policies that promote messages and activities designed to prevent obesity among children and youth.

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

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

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

``(2) the Department of Agriculture;

``(3) the Department of Commerce;

``(4) the Department of Education;

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

``(6) the Department of the Interior;

``(7) the Department of Labor;

``(8) the Department of Transportation;

``(9) the Federal Trade Commission; and

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

``(d) DUTIES.--The Commission shall--

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

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

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

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

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

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

``(e) STUDY; SUMMIT; GUIDELINES.--

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

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

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

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

``(2) INSTITUTE OF MEDICINE STUDY.--

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

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

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

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

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

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

``(3) NATIONAL SUMMIT.--

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

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

``(i) education and child development groups;

``(ii) public health and behavioral science groups;

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

``(iv) advertising and marketing industry.

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

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

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

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

(b) FEDERAL TRADE COMMISSION AND MARKETING TO CHILDREN AND YOUTH.--

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

(2) FINES.--Notwithstanding section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), the Federal Trade Commission may assess fines on advertisers or network and media groups that fail to comply with the guidelines described in paragraph (1).



(As printed in the Congressional Record for the Senate on Nov 14, 2007.)