Sec. 205. National Commission on Child Obesity
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There is established a commission to be known as the National Commission on Child Obesity (in this section referred to as the Commission ). The Commission shall— 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— best practices for the prevention and treatment of childhood overweight and obesity; child physical health and mental health; childcare in all settings; child welfare; elementary and secondary education; food availability in neighborhoods; access to health care; health care utilization; built environment; parent physical health and education; 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); relevant activities in childhood overweight and obesity; 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; and children with disabilities; 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; 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; 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; include in the interim report required by subsection (i)(1) recommendations on— 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; 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; the appropriate funding level required for the establishment and implementation of such the registry described in subparagraph (A); and how to capture large-scale data that are currently unavailable on adolescent and child patients who are currently obese; and 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— the need for planning and establishing a national resource center for children and obesity; and such coordination of resources and services, administrative actions, policies, regulations, and legislative changes as the Commission considers appropriate.
The Commission shall be composed of 15 members, of whom— 3 members, including at least one from each major national political party, shall be appointed by the President; 3 members shall be appointed by the majority leader of the Senate; 3 members shall be appointed by the minority leader of the Senate; 3 members shall be appointed by the Speaker of the House of Representatives; and 3 members shall be appointed by the minority leader of the House of Representatives. Members of the Commission shall be appointed not later than 6 months after the date of the enactment of this Act.
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. The Commission shall meet and begin the operations of the Commission not later than 120 days after the appointment of members of the Commission. An individual appointed to the Commission may not be an official or employee of the Federal Government.
The Commission shall include at least one— 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; State or local director of health; and tribal health representative. Members appointed under paragraph
(1)may include— individuals involved with providing services to children, including health and other social services; individuals involved with administering health insurance coverage to children; 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; individuals with philanthropic experience focused on the needs of children relating to the prevalence, prevention, and treatment of childhood overweight and obesity; individuals who have conducted academic research relating to the prevalence, prevention, and treatment of childhood overweight and obesity; and individuals with significant experience in child health and policy. A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. 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. 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. 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. 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. 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. 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. 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. The Commission may enter into financially reasonable contracts to enable the Commission to discharge its duties under this section. 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. 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. 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. 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. 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. The Federal Advisory Committee Act, including any provisions applicable to staff, is deemed to apply to the Commission. 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. The Commission may issue additional reports as the Commission determines necessary. The Commission may hold public hearings to collect information and shall make such information available for use by the public. 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. 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). 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. In this section: 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. The terms child and children mean an individual or individuals, respectively, who have not attained 18 years of age. There is authorized to be appropriated to carry out this section, $1,500,000 for each of fiscal years 2015 and 2016.
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