,,ii #aacth ,,congress #ast ,session ,s4 #ci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bb 7legislative day1 ,january #c71 #bjac ,mr4 ,harkin introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to improve the health of ,americans and reduce health care costs by reorienting the ,nation's health care system toward prevention1 wellness1 and health promotion4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,healthy ,lifestyles and ,prevention ,america ,act or the ,he,l,p ,america ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,healthier kids and schools ,sec4 #aja4 ,nutrition and physical activity in child care quality improvement4 ,sec4 #ajb4 ,access to local foods and school gardens at preschools and child care4 ,sec4 #ajc4 ,fresh fruit and vegetable program4 ,sec4 #ajd4 ,equal physical activity opportunities for students with disabilities4 ,sec4 #aje4 ,physical activity in school settings4 ,,title ,,ii--,healthier communities and workplaces ,subtitle ,a--,creating healthier communities ,sec4 #bja4 ,technical assistance for the development of joint_/shared use agreements4 ,sec4 #bjb4 ,community sports programs for individuals with disabilities4 ,sec4 #bjc4 ,community gardens4 ,sec4 #bjd4 ,physical activity guidelines for ,americans4 ,sec4 #bje4 ,tobacco tax increase and parity4 ,sec4 #bjf4 ,leveraging and coordinating federal resources for improved health4 ,sec4 #bjg4 ,healthier national parks4 ,subtitle ,b--,incentives for a healthier workforce ,sec4 #baa4 ,tax credit to employers for costs of implementing wellness programs4 ,sec4 #bab4 ,employer-provided off-premises athletic facilities4 ,sec4 #bac4 ,task force for the promotion of breastfeeding in the workplace4 ,sec4 #bad4 ,improving healthy eating and active living options in ,federal workplaces4 ,,title ,,iii--,responsible marketing and consumer awareness ,sec4 #cja4 ,guidelines for reduction in sodium content in certain foods4 ,sec4 #cjb4 ,nutrition labeling for food products sold principally for use in restaurants or other retail food establishments4 ,sec4 #cjc4 ,front-label food guidance systems4 ,sec4 #cjd4 ,rulemaking authority for advertising to children4 ,sec4 #cje4 ,health literacy3 research1 coordination and dissemination4 ,sec4 #cjf4 ,disallowance of deductions for advertising and marketing expenses relating to tobacco product use4 ,sec4 #cjg4 ,incentives to reduce tobacco use4 ,sec4 #cjh4 ,voluntary standards on food marketing to children4 ,,title ,,iv--,expanded coverage of preventive services ,sec4 #dja4 ,required coverage of preventive services under the ,medicaid program4 ,sec4 #djb4 ,coverage for comprehensive workplace wellness program and preventive services4 ,sec4 #djc4 ,health professional education and training in healthy eating4 ,sec4 #djd4 ,integrative medicine training program4 ,,title ,v--,research ,sec4 #eja4 ,national consortium on breastfeeding research4 ,sec4 #ejb4 ,national assessment of mental health needs4 ,i ,healthier kids and schools #aja4 ,nutrition and physical activity in child care quality improvement 7a7 ,state plan ,section #feh;,e7c77#b77;,f7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7c77#b77;,f77 is amended in the second sentence-- 7#a7 by redesignating clauses 7i71 7ii71 and 7iii7 as subclauses 7,i71 7,,ii71 and 7,,iii7 and indenting the margins so as to match the margins of subclause 7,i7 of section #feh;,e7c77#b77;,a77i72 7#b7 by striking requirements shall include-- and inserting 8requirements-- 7i7 shall include-- 2 7#c7 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7ii7 may include requirements relating to standards for nutrition and access to physical activity4 4 7b7 ,activities ,to improve the quality of child care ,section #feh;,g of that ,act 7#db ,u4,s4,c4 #iheh;e7 is amended by adding at the end the following3 ,funds reserved under this section may be used to support ,state or local efforts to develop or adopt high-quality program standards relating to health1 mental health1 nutrition1 physical activity1 and physical development or to provide resources to enable eligible child care providers to meet1 exceed1 or sustain success in meeting or exceeding such standards4 ,such standards shall take into account existing empirical studies and research and existing standards that have been approved by accrediting bodies44 #ajb4 ,access to local foods and school gardens at preschools and child care ,section #ah7;g7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi7;g77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,definitions ,in this subsection3 7,a7 ,child care center ,the term child care center means a child care center participating in the program under section #ag 7other than a child care center that solely participates in the program under subsection 7r7 of that section74 7,b7 ,eligible school ,the term eligible school means a school or institution that participates in a program under this ,act or the school breakfast program established under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 7,c7 ,sponsoring organization ,the term sponsoring organization means an institution described in subparagraphs 7,c71 7,d71 or 7,e7 of section #ag7;a77#b74 2 7#b7 in paragraph 7#b7-- 7,a7 by inserting child care centers1 sponsoring organizations for home-based care1 after eligible schools12 and 7,b7 by inserting 1 child care centers1 and sponsoring organizations for home-based care before the period at the end2 7#c7 in paragraph 7#e7-- 7,a7 in subparagraph 7,a71 by inserting 1 child care center1 or sponsoring organization for home-based care after eligible school2 and 7,b7 in subparagraph 7,d71 by inserting child care centers1 sponsoring organizations for home-based care1 after eligible schools12 and 7#d7 in paragraph 7#g71 in the matter preceding subparagraph 7,a71 by inserting child care centers1 sponsoring organizations for home-based care1 after eligible schools14 #ajc4 ,fresh fruit and vegetable program ,section #ai of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi;a7 is amended-- 7#a7 by striking subsections 7c7 and 7d7 and inserting the following3 7c7 ,school participation 7#a7 ,in general ,each ,state shall carry out the program in each elementary school 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja77 in the ,state-- 7,a7 in which not less than #ej percent of the students are eligible for free or reduced price meals under this ,act2 and 7,b7 that submits an application in accordance with paragraph 7#b74 7#b7 ,application 7,a7 ,in general ,an interested elementary school shall submit to the ,state an application containing-- 7i7 information pertaining to the percentage of students enrolled in the school who are eligible for free or reduced price school lunches under this ,act2 7ii7 a certification of support for participation in the program signed by the school food manager1 the school principal1 and the district superintendent 7or equivalent positions1 as determined by the school72 7iii7 a plan for implementation of the program1 including efforts to integrate activities carried out under this section with other efforts to promote sound health and nutrition1 reduce overweight and obesity1 or promote physical activity2 and 7iv7 such other information as may be requested by the ,secretary4 7,b7 ,partnerships ,each ,state shall encourage interested elementary schools to submit a plan for implementation of the program that includes a partnership with #a or more entities that will provide non-,federal resources 7including entities representing the fruit and vegetable industry74 2 7#b7 by striking subsection 7i7 and inserting the following3 7i7 ,funding 7#a7 ,in general ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this section such sums as are necessary1 to remain available until expended4 7#b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under paragraph 7#a71 without further appropriation4 2 and 7#c7 by redesignating subsections 7e7 through 7i7 as subsections 7d7 through 7h71 respectively4 #ajd4 ,equal physical activity opportunities for students with disabilities 7a7 ,in general ,title ,v of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia et seq47 is amended by adding at the end the following3 #eaa4 ,equal physical activity opportunities for students with disabilities 7a7 ,in general ,the ,secretary shall promote equal opportunities for students with disabilities to be included and to participate in physical education and extracurricular athletics implemented in1 or in conjunction with1 elementary schools1 secondary schools1 and institutions of higher education1 by ensuring the provision of appropriate technical assistance and guidance for schools and institutions described in this subsection and their personnel4 7b7 ,technical assistance and guidance ,the provision of technical assistance and guidance described in subsection 7a7 shall include-- 7#a7 providing technical assistance to elementary schools1 secondary schools1 local educational agencies1 ,state educational agencies1 and institutions of higher education1 regarding-- 7,a7 inclusion and participation of students with disabilities1 in a manner equal to that of the other students1 in physical education opportunities 7including classes71 and extracurricular athletics opportunities1 including technical assistance on providing reasonable modifications to policies1 practices1 and procedures1 and providing supports to ensure such inclusion and participation2 7,b7 provision of adaptive sports programs1 in the physical education and extracurricular athletics opportunities1 including programs with competitive sports leagues or competitions1 for students with disabilities2 and 7,c7 responsibilities of the schools1 institutions1 and agencies involved under section #ejd1 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 and any other applicable ,federal law to provide students with disabilities equal access to extracurricular athletics2 7#b7 facilitating information sharing among the schools1 institutions1 and agencies1 and students with disabilities1 on ways to provide inclusive opportunities in physical education and extracurricular athletics for students with disabilities2 and 7#c7 monitoring the extent to which physical education and extracurricular athletics opportunities for students with disabilities are implemented in1 or in conjunction with1 elementary schools1 secondary schools1 and institutions of higher education4 7c7 ,definitions ,in this section3 7#a7 ,agencies ,the terms local educational agency and ,state educational agency have the meanings given the terms in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,schools ,the terms elementary school1 secondary school1 and institution of higher education mean an elementary school1 secondary school1 or institution of higher education1 respectively 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife71 that receives or has #a or more students who receive1 ,federal financial assistance4 7#c7 ,student with a disability 7,a7 ,in general ,the term student with a disability means an individual who-- 7i7 attends an elementary school1 secondary school1 or institution of higher education2 and 7ii7 who-- 7,i7 is eligible for1 and receiving1 special education or related services under part ,b of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adaa et seq472 or 7,,ii7 is an individual with a disability1 for purposes of section #ejd or the ,americans with ,disabilities ,act of #aiij4 7,b7 ,students with disabilities ,the term students with disabilities means more than #a student with a disability4 4 7b7 ,table of contents ,the table of contents in section #a7;b7 of the ,rehabilitation ,act of #aigc is amended by inserting after the item relating to section #eji the following3 ,sec4 #eaj4 ,establishment of standards for accessible medical diagnostic equipment4 ,sec4 #eaa4 ,equal physical activity opportunities for students with disabilities4 4 #aje4 ,physical activity in school settings 7a7 ,annual ,state report card ,section #aaaa7;h77#a77;,c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;h77#a77;,c77 is amended-- 7#a7 in clause 7vii71 by striking and after the semicolon2 7#b7 in clause 7viii71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7ix7 the average number of minutes during the school day that all students spend in required physical education1 and the average number of minutes that such students engage in moderate to vigorous physical activity during the school day1 as measured against the most recent established and recommended guidelines of the ,centers for ,disease ,control and ,prevention and the ,secretary of ,health and ,human ,services2 7x7 the percentage of local educational agencies that have a required1 age-appropriate1 physical education curriculum that adheres to the most recent guidelines developed by the ,centers for ,disease ,control and ,prevention and ,state standards2 7xi7 the percentage of elementary school and secondary school physical education teachers who are licensed or certified to teach physical education in the ,state2 7xii7 the percentage of elementary schools and secondary schools that have a physical education teacher who is certified or licensed to teach in the ,state and who also is certified or licensed in adapted physical education2 7xiii7 the number of indoor square feet and the number of outdoor square feet used primarily for physical education or physical activity by elementary schools and secondary schools2 and 7xiv7 the percentage of local educational agencies that have a school wellness council that-- 7,i7 includes members appointed by the superintendent of the local educational agency and may include parents1 students1 representatives of the school food authority1 representatives of the school board1 school administrators1 and members of the public2 and 7,,ii7 meets regularly to promote a healthy school environment4 4 7b7 ,physical education as a core subject ,section #iaja7aa7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7aa77 is amended by inserting physical education1 after economics1 arts14 7c7 #bast ,century learning communities 7#a7 ,purpose2 definitions ,section #dbja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaga7 is amended-- 7,a7 in subsection 7a77#b71 by inserting nutrition education programs1 structured physical activity programs1 after recreation programs12 and 7,b7 in subsection 7b77#a77;,a71 by inserting nutrition education1 structured physical activity1 after recreation14 7#b7 ,local activities ,section #dbje7;a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gage7;a77 is amended-- 7,a7 in paragraph 7#aa71 by striking and after the semicolon2 7,b7 in paragraph 7#ab71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ac7 programs that support a healthy1 active lifestyle1 including nutritional education and regular1 structured physical activity programs4 4 7d7 ,parental involvement ,section #aaah7;d77#a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcah7;d77#a77 is amended-- 7#a7 by inserting 1 healthy1 after supportive2 7#b7 by striking 2 and participating and inserting 2 participating2 and 7#c7 by inserting after extracurricular time2 the following3 and supporting their children in leading a healthy and active life1 such as by providing healthy meals and snacks1 encouraging participation in physical education1 and sharing in physical activity outside the school day to support successful academic achievement24 7e7 ,local application and needs assessment ,section #babb7;b77#i7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffbb7 is amended-- 7#a7 in subparagraph 7,c71 by striking and after the semicolon2 7#b7 in subparagraph 7,d71 by striking a period and inserting 2 and2 and 7#c7 by adding at the end the following3 7,e7 encourage healthy eating habits and increased physical activity among students to support successful academic achievement4 4 ,,ii ,healthier communities and workplaces ,a ,creating healthier communities #bja4 ,technical assistance for the development of joint_/shared use agreements 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 in coordination with the ,secretary of ,education and in consultation with leading national experts and organizations advancing healthy living in the school environment1 shall develop and disseminate guidelines and best practices1 including model documents1 and provide technical assistance to elementary and secondary schools to assist such schools with the development of joint_/shared use agreements so as to address liability1 operational and management1 and cost issues that may otherwise impede the ability of community members to use school facilities for recreational and nutritional purposes during nonschool hours4 7b7 ,definition ,in this section1 the term joint_/shared use agreement means a formal agreement between an elementary or secondary school and another entity relating to the use of the school's facilities1 equipment1 or property1 including recreational and food services facilities1 equipment1 and property1 by individuals other than the school's students or staff4 #bjb4 ,community sports programs for individuals with disabilities ,part ,p of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g et seq47 is amended by adding at the end the following3 #cii,v-#f4 ,community sports programs for individuals with disabilities 7a7 ,in general 7#a7 ,individual with a disability defined ,for purposes of this section1 the term individual with a disability means any person who has a disability as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#b7 ,individual with a physical disability ,the term individual with a physical disability means an individual with a disability that has a physical or visual disability4 7#c7 ,community sports grants program ,the ,secretary1 in collaboration with the ,national ,advisory ,committee on ,community ,sports ,programs for ,individuals with ,disabilities1 may award grants on a competitive basis to public and nonprofit private entities to implement community-based1 sports and athletic programs for individuals with disabilities1 including youth with disabilities4 7b7 ,application ,to be eligible to receive a grant under this section1 a public or nonprofit private entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such agreements1 assurances1 and information as the ,secretary determines to be necessary to carry out this section4 7c7 ,authorized activities ,amounts awarded under a grant under subsection 7a7 shall be used for-- 7#a7 community-based sports programs1 leagues1 or competitions in individual or team sports for individuals with physical disabilities2 7#b7 regional sports programs or competitions in individual or team sports for individuals with physical disabilities2 7#c7 the development of competitive team and individual sports programs for individuals with disabilities at the high school and collegiate level2 or 7#d7 the development of mentoring programs to encourage participation in sports programs for individuals with disabilities1 including individuals with recently acquired disabilities4 7d7 ,priorities 7#a7 ,advisory committee ,the ,secretary shall establish a ,national ,advisory ,committee on ,community ,sports ,programs for ,individuals with ,disabilities that shall-- 7,a7 establish priorities for the implementation of this section2 7,b7 review grant proposals2 7,c7 make recommendations for distribution of the available appropriated funds to specific applicants2 and 7,d7 annually evaluate the progress of programs carried out under this section in implementing such priorities4 7#b7 ,representation ,the ,advisory ,committee established under paragraph 7#a7 shall include representatives of-- 7,a7 the ,department of ,health and ,human ,services ,administration for ,community ,living2 7,b7 the ,united ,states ,surgeon ,general2 7,c7 the ,centers for ,disease ,control and ,prevention2 7,d7 disabled sports organizations2 7,e7 organizations that represent the interests of individuals with disabilities2 and 7,f7 individuals with disabilities 7including athletes with physical disabilities7 or their family members4 7e7 ,dissemination of information ,the ,secretary shall disseminate information about the availability of grants under this section in a manner that is designed to reach public entities and nonprofit private organizations that are dedicated to providing outreach1 advocacy1 or independent living services to individuals with disabilities4 7f7 ,technical assistance ,the ,secretary1 in conjunction with the ,united ,states ,olympic ,committee and disabled sports organizations1 shall establish a technical assistance center to provide training1 support1 and information to grantees under this section on establishing and operating community sports programs for individuals with disabilities4 7g7 ,report to congress ,not later than #ahj days after the date of the enactment of this section1 and annually thereafter1 the ,secretary shall submit to ,congress a report summarizing activities1 findings1 outcomes1 and recommendations resulting from the grant projects funded under this section during the year for which the report is being prepared4 7h7 ,authorization of appropriations 7#a7 ,in general ,to carry out this section1 there are authorized to be appropriated such sums as may be necessary4 7#b7 ,limitation ,not to exceed #aj percent of the amount appropriated in each fiscal year shall be used to carry out activities under subsection 7c77#d74 4 #bjc4 ,community gardens ,subtitle ,d of title ,x of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #abb ,stat4 #baji7 is amended by adding at the end the following3 #ajdje4 ,community garden grant program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a nonprofit organization2 or 7,b7 a unit of general local government1 or tribal government1 located on tribal land or in a low-income community4 7#b7 ,low-income community ,the term low-income community means-- 7,a7 a community in which not less than #ej percent of children are eligible for free or reduced priced meals under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 or 7,b7 any other community determined by the ,secretary to be low-income for purposes of this section4 7#c7 ,unit of general local government ,the term unit of general local government has the meaning given the term in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7b7 ,program established ,using such amounts as are appropriated to carry out this section1 the ,secretary shall award grants to eligible entities to expand1 establish1 or maintain community gardens4 7c7 ,application ,to be considered for a grant under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 an assurance that priority for hiring for jobs created by the expansion1 establishment1 or maintenance of a community garden funded with a grant received under this section will be given to individuals who reside in the community in which the garden is located2 and 7#b7 a demonstration that the eligible entity is committed to providing non-,federal financial or in-kind support 7such as providing a water supply7 for the community garden for which the entity receives funds under this section4 4 #bjd4 ,physical activity guidelines for ,americans 7a7 ,report 7#a7 ,in general ,at least every #aj years1 the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall publish a report entitled ,physical ,activity ,guidelines for ,americans4 ,each such report shall contain physical activity information and guidelines for the general public1 and shall be promoted by each ,federal agency in carrying out any ,federal health program4 ,not later than #e years after the publication of the first such report1 and every #aj years thereafter1 the ,secretary shall publish a report highlighting the best practices and continuing issues in the physical activity arena1 which may focus on a particular group1 subsection1 or other division of the general public or a particular issue relating to the physical activity of ,americans4 7#b7 ,basis of guidelines ,the information and guidelines contained in each report required under paragraph 7#a7 shall be based on the preponderance of the scientific and medical knowledge which is current at the time the report is prepared1 and shall include guidelines for identified population subgroups1 including children1 if the preponderance of scientific and medical knowledge indicates those subgroups require different levels of physical activity4 7b7 ,approval by ,secretary 7#a7 ,review ,any ,federal agency that proposes to issue any physical activity guidance for the general population or identified population subgroups shall submit the text of such guidance to the ,secretary for a #fj-;day review period4 7#b7 ,basis of review 7,a7 ,in general ,during the #fj-;day review period established in paragraph 7#a71 the ,secretary shall review and approve or disapprove such guidance to assure that the guidance either is consistent with the ,physical ,activity ,guidelines for ,americans or that the guidance is based on medical or new scientific knowledge which is determined to be valid by the ,secretary4 ,if after such #fj-;day review period the ,secretary has not notified the proposing agency that such guidance has been disapproved1 then such guidance may be issued by the agency4 ,if the ,secretary disapproves such guidance1 it shall be returned to the agency4 ,if the ,secretary finds that such guidance is inconsistent with the ,physical ,activity ,guidelines for ,americans and so notifies the proposing agency1 such agency shall follow the procedures set forth in this subsection before disseminating such proposal to the public in final form4 ,if after such #fj-;day period1 the ,secretary disapproves such guidance as inconsistent with the ,physical ,activity ,guidelines for ,americans the proposing agency shall-- 7i7 publish a notice in the ,federal ,register of the availability of the full text of the proposal and the preamble of such proposal which shall explain the basis and purpose for the proposed physical activity guidance2 7ii7 provide in such notice for a public comment period of #cj days2 and 7iii7 make available for public inspection and copying during normal business hours any comment received by the agency during such comment period4 7,b7 ,review of comments ,after review of comments received during the comment period1 the ,secretary may approve for dissemination by the proposing agency a final version of such physical activity guidance along with an explanation of the basis and purpose for the final guidance which addresses significant and substantive comments as determined by the proposing agency4 7,c7 ,announcement ,any such final physical activity guidance to be disseminated under subparagraph 7,b7 shall be announced in a notice published in the ,federal ,register1 before public dissemination along with an address where copies may be obtained4 7,d7 ,notification of disapproval ,if after the #cj-;day period for comment as provided under subparagraph 7,a77ii71 the ,secretary disapproves a proposed physical activity guidance1 the ,secretary shall notify the ,federal agency submitting such guidance of such disapproval1 and such guidance may not be issued1 except as provided in subparagraph 7,e74 7,e7 ,review of disapproval ,if a proposed physical activity guidance is disapproved by the ,secretary under subparagraph 7,d71 the ,federal agency proposing such guidance may1 within #ae days after receiving notification of such disapproval under subparagraph 7,d71 request the ,secretary to review such disapproval4 ,within #ae days after receiving a request for such a review1 the ,secretary shall conduct such review4 ,if1 pursuant to such review1 the ,secretary approves such proposed physical activity guidance1 such guidance may be issued by the ,federal agency4 7#c7 ,definitions ,in this subsection3 7,a7 ,the term physical activity guidance for the general population does not include any rule or regulation issued by a ,federal agency4 7,b7 ,the term identified population subgroups shall include1 but not be limited to1 groups based on factors such as age1 sex1 race1 or physical disability4 7c7 ,existing authority not affected ,this section does not place any limitations on-- 7#a7 the conduct or support of any scientific or medical research by any ,federal agency2 or 7#b7 the presentation of any scientific or medical findings or the exchange or review of scientific or medical information by any ,federal agency4 #bje4 ,tobacco tax increase and parity 7a7 ,short ,title ,this section may be cited as the ,saving ,lives by ,lowering ,tobacco ,use ,act4 7b7 ,increase in excise tax on small cigars and cigarettes 7#a7 ,small cigars ,section #egja7;a77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking #ej4cc and inserting #ajj4ej4 7#b7 ,cigarettes ,section #egja7;b7 of such ,code is amended-- 7,a7 by striking #ej4cc in paragraph 7#a7 and inserting #ajj4ej1 and 7,b7 by striking #aje4fi in paragraph 7#b7 and inserting #baa4jd4 7c7 ,tax parity for pipe tobacco and roll-,your-,own tobacco 7#a7 ,pipe tobacco ,section #egja7;f7 of the ,internal ,revenue ,code of #aihf is amended by striking #b4hcaa cents and inserting #di4ee4 7#b7 ,roll-your-own tobacco ,section #egja7;g7 of such ,code is amended by striking #bd4gh and inserting #di4ee4 7d7 ,clarification of definition of small cigars ,paragraphs 7#a7 and 7#b7 of section #egja7;a7 of the ,internal ,revenue ,code of #aihf are each amended by striking three pounds per thousand and inserting four and one-half pounds per thousand4 7e7 ,clarification of definition of cigarette ,paragraph 7#b7 of section #egjb7;b7 of the ,internal ,revenue ,code of #aihf is amended by inserting before the final period the following3 1 which includes any roll for smoking containing tobacco that weighs no more than four and a half pounds per thousand1 unless it is wrapped in whole tobacco leaf and does not have a cellulose acetate or other cigarette-style filter4 7f7 ,tax parity for smokeless tobacco 7#a7 ,in general ,section #egja7;e7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in paragraph 7#a71 by striking #a4ea and inserting #bf4gi2 7,b7 in paragraph 7#b71 by striking #ej4cc cents and inserting #aj4gb2 and 7,c7 by adding at the end the following3 7#c7 ,smokeless tobacco sold in discrete single-use units ,on discrete single-use units1 #ajj4ej per each #a1jjj single-use units4 4 7#b7 ,discrete single-use unit ,section #egjb7m7 of such ,code is amended-- 7,a7 in paragraph 7#a71 by striking or chewing tobacco and inserting chewing tobacco1 discrete single-use unit2 7,b7 in paragraphs 7#b7 and 7#c71 by inserting that is not a discrete single-use unit before the period in each such paragraph2 and 7,c7 by adding at the end the following3 7#d7 ,discrete single-use unit ,the term discrete single-use unit means any product containing tobacco that-- 7,a7 is intended or expected to be consumed without being combusted2 and 7,b7 is in the form of a lozenge1 tablet1 pill1 pouch1 dissolvable strip1 or other discrete single-use or single-dose unit4 4 7#c7 ,other tobacco products ,section #egja of such ,code is amended by adding at the end the following new subsection3 7i7 ,other tobacco products ,any product not otherwise described under this section that has been determined to be a tobacco product by the ,food and ,drug ,administration through its authorities under the ,family ,smoking ,prevention and ,control ,act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the ,secretary4 4 7g7 ,clarifying other tobacco tax definitions 7#a7 ,tobacco product definition ,section #egjb7;c7 of the ,internal ,revenue ,code of #aihf is amended by inserting before the period the following3 1 and any other product containing tobacco that is intended or expected to be consumed4 7#b7 ,cigarette tube definition ,section #egjb7;f7 of such ,code is amended by inserting before the period or cigars4 7#c7 ,importer definition ,section #egjb7k7 of such ,code is amended by inserting or any other tobacco product after cigars or cigarettes4 7#d7 ,pipe tobacco definition ,section #egjb7n7 of such ,code is amended-- 7,a7 by striking ,the term and inserting the following3 7#a7 ,in general ,the term 2 and 7,b7 by adding at the end the following3 7#b7 ,roll-your-own tobacco ,any tobacco that meets the definition under both this subsection and section #egjb7o7 shall be treated as roll-your-own tobacco under section #egjb7o74 7#c7 ,exception ,paragraph 7#b7 shall not apply to a product that1 as of ,january #a1 #bjji1 was either commercially marketed in the ,united ,states in packaging that bore1 pursuant to part #dj or #da of title #bg1 ,code of ,federal ,regulations1 a designation as pipe tobacco or ,tax ,class ,l1 or is substantially equivalent to such product1 provided that such product is widely used as pipe tobacco4 4 7h7 ,inflation adjustment ,section #egja of the ,internal ,revenue ,code of #aihf1 as amended by subsection 7f77#c71 is amended by adding at the end the following new subsection3 7j7 ,inflation adjustment ,in the case of any calendar year after #bjac1 each amount set forth in this section shall be increased by an amount equal to-- 7#a7 such amount1 multiplied by 7#b7 the cost-of-living adjustment determined under section #a7;f77#c7 for such calendar year by substituting calendar year #bjab for calendar year #aiib in subparagraph 7,b7 thereof4 4 7i7 ,floor ,stocks ,taxes 7#a7 ,imposition of tax ,on tobacco products manufactured in or imported into the ,united ,states which are removed before any tax increase date and held on such date for sale by any person1 there is hereby imposed a tax in an amount equal to the excess of-- 7,a7 the tax which would be imposed under section #egja of the ,internal ,revenue ,code of #aihf on the article if the article had been removed on such date1 over 7,b7 the prior tax 7if any7 imposed under section #egja of such ,code on such article4 7#b7 ,credit against tax ,each person shall be allowed as a credit against the taxes imposed by paragraph 7#a7 an amount equal to #ejj4 ,such credit shall not exceed the amount of taxes imposed by paragraph 7#a7 on such date for which such person is liable4 7#c7 ,liability for tax and method of payment 7,a7 ,liability for tax ,a person holding tobacco products on any tax increase date to which any tax imposed by paragraph 7#a7 applies shall be liable for such tax4 7,b7 ,method of payment ,the tax imposed by paragraph 7#a7 shall be paid in such manner as the ,secretary shall prescribe by regulations4 7,c7 ,time for payment ,the tax imposed by paragraph 7#a7 shall be paid on or before the date that is #abj days after the effective date of the tax rate increase4 7#d7 ,articles in foreign trade zones ,notwithstanding the ,act of ,june #ah1 #aicd 7commonly known as the ,foreign ,trade ,zone ,act1 #dh ,stat4 #iih1 #ai ,u4,s4,c4 #ha;a et seq471 or any other provision of law1 any article which is located in a foreign trade zone on any tax increase date shall be subject to the tax imposed by paragraph 7#a7 if-- 7,a7 internal revenue taxes have been determined1 or customs duties liquidated1 with respect to such article before such date pursuant to a request made under the #ast proviso of section #c7;a7 of such ,act1 or 7,b7 such article is held on such date under the supervision of an officer of the ,united ,states ,customs and ,border ,protection of the ,department of ,homeland ,security pursuant to the #b;d proviso of such section #c7;a74 7#e7 ,definitions ,for purposes of this subsection-- 7,a7 ,in general ,any term used in this subsection which is also used in section #egjb of such ,code shall have the same meaning as such term has in such section4 7,b7 ,tax increase date ,the term tax increase date means the effective date of any increase in any tobacco product excise tax rate pursuant to the amendments made by this section 7other than subsection 7g7 thereof74 7,c7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury or the ,secretary's delegate4 7#f7 ,controlled groups ,rules similar to the rules of section #ejfa7;e77#c7 of such ,code shall apply for purposes of this subsection4 7#g7 ,other laws applicable ,all provisions of law1 including penalties1 applicable with respect to the taxes imposed by section #egja of such ,code shall1 insofar as applicable and not inconsistent with the provisions of this subsection1 apply to the floor stocks taxes imposed by paragraph 7#a71 to the same extent as if such taxes were imposed by such section #egja4 ,the ,secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph 7#a7 as the person to whom a credit or refund under such provisions may be allowed or made4 7j7 ,effective ,date ,the amendments made by this section shall apply to articles removed 7as defined in section #egjb7;j7 of the ,internal ,revenue ,code of #aihf7 after ,december #ca1 #bjac4 #bjf4 ,leveraging and coordinating federal resources for improved health 7a7 ,health impacts of non-,health legislation 7#a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,national ,prevention1 ,health ,promotion and ,public ,health ,council1 shall enter into a contract with the ,institute of ,medicine of the ,national ,academy of ,sciences for the conduct of a study to assess the potential health impacts of major non-health related legislation that is likely to be considered by ,congress within a year of completion of the study4 ,such study shall identify the ways in which such legislation involved is likely to impact the health of ,americans and shall contain recommendations to ,congress on ways to maximize the positive health impacts and minimize the negative health impacts4 7#b7 ,timing ,the timing of the study under paragraph 7#a7 shall be determined in a manner that ensures that the results of the study will be available at least #c months prior to the consideration of the legislation involved by ,congress4 7#c7 ,guidelines ,to the extent practicable1 the ,council under paragraph 7#a7 shall ensure that the study conducted under this subsection complies with the consensus guidelines on how to carry out a health impact assessment1 including stakeholder engagement guidelines1 such as the ,,hia of the ,americas ,practice ,guidelines and guidelines promulgated by the ,world ,health ,organization and other consensus bodies4 7#d7 ,report ,upon completion of the study under this subsection1 the ,institute of ,medicine shall submit to the ,council under paragraph 7#a71 and make available to the general public1 a report that-- 7,a7 summarizes the direct1 indirect1 and cumulative health impacts identified in the assessment2 and 7,b7 contains recommendations for how to maximize positive health impacts and minimize negative health impacts of the legislation involved4 7#e7 ,type of legislation ,for purposes of this subsection1 the term non-health related legislation shall have the meaning given such term by the ,council under paragraph 7#a71 and shall include legislation that is likely to have impacts on the health of ,americans where such impacts are not likely to be considered by ,congress to the extent required by their scope without the conduct of an assessment under this subsection4 ,examples of major non-health related legislation that could be the subject of the study include reauthorizations of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada71 the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf71 and the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq474 7b7 ,improving health impacts of ,federal agency activities 7#a7 ,in general ,the ,secretary1 in coordination with the ,national ,prevention1 ,health ,promotion and ,public ,health ,council1 shall detail employees of the ,department of ,health and ,human ,services to policy and program planning offices of other ,federal departments and agencies1 including the ,department of ,transportation1 the ,department of ,housing and ,urban ,development1 the ,department of ,agriculture1 the ,department of ,education1 and the ,department of the ,interior1 in order to assist those departments and agencies to consider the impacts of their activities on the health of the populations served and to assist with the integration of health goals into the activities of the departments and agencies1 as appropriate4 7#b7 ,duties ,employees detailed under paragraph 7#a7 shall assist with assessments of the potential impacts of the programs and activities of the department or agency involved on the health and well-being of the populations served1 the development of metrics and performance standards that can be incorporated1 as appropriate1 into the activities1 performance measurements1 and grant and contract standards of the department or agency1 and the development of the report detailed in paragraph 7#c74 7#c7 ,reports ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 each department and agency with a detailee under this section shall submit to the ,national ,prevention1 ,health ,promotion and ,public ,health ,council1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report detailing the health impacts of the department or agency's activities and any plans to improve those impacts4 #bjg4 ,healthier national parks 7a7 ,concessions contracts ,section #djc of the ,national ,park ,service ,concessions ,management ,improvement ,act of #aiih 7#af ,u4,s4,c4 #eieb7 is amended-- 7#a7 in paragraph 7#d77;,a71 by adding at the end the following3 7iv7 ,measures necessary to ensure the easy and plentiful availability of healthy snacks1 beverages1 and meals 7including meals for children7 that reflect the most recent ,dietary ,guidelines for ,americans published under section #cja of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij 7#g ,u4,s4,c4 #ecda74 2 and 7#b7 in paragraph 7#e77;,a71 by adding at the end the following3 7v7 ,the responsiveness of the proposal to the objective of supporting the efforts of visitors to the unit of the ,national ,park ,system to make healthy dietary choices through the easy and plentiful availability of healthy snacks1 beverages1 and meals 7including meals for children7 that reflect the most recent ,dietary ,guidelines for ,americans published under section #cja of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij 7#g ,u4,s4,c4 #ecda74 4 7b7 ,report 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior 7acting through the ,director of the ,national ,park ,service7 7referred to in this section as the ,secretary7 shall submit to ,congress a report that describes the state of food and beverage offerings in units of the ,national ,park ,system4 7#b7 ,components ,the report submitted under paragraph 7#a7 shall include-- 7,a7 an assessment of the nutritional quality of foods offered in units of the ,national ,park ,system1 including the approximate percentage of food and beverage offerings that reflect the most recent ,dietary ,guidelines for ,americans published under section #cja of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij 7#g ,u4,s4,c4 #ecda72 7,b7 guidelines for concessioners to ensure the easy and plentiful availability of healthy snacks1 beverages1 and meals 7including meals for children7 from ,national ,park ,service restaurants1 retail food outlets1 and other food concessioners that take into account-- 7i7 the most recent ,dietary ,guidelines for ,americans published under section #cja of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij 7#g ,u4,s4,c4 #ecda72 and 7ii7 the most recent ,sustainability ,guidelines for ,federal ,concessions and ,vending ,operations developed by the ,secretary of ,health and ,human ,services and the ,administrator of ,general ,services2 and 7,c7 a plan to ensure that1 not later than ,august #be1 #bjaf1 there are adequate offerings of healthy food items from all food concessioners in units of the ,national ,park ,system4 7c7 ,promoting health1 recreation1 and outdoors 7#a7 ,in general ,the ,secretary of ,health and ,human ,services 7acting through the ,director of the ,centers for ,disease ,control and ,prevention7 shall coordinate with the ,secretary 7acting through the ,director of the ,national ,park ,service71 in consultation with the ,program ,manager of the ,rivers1 ,trails1 and ,conservation ,assistance ,program1 to advance efforts for the ,national ,park ,system to enhance opportunities for people to engage in physical activity4 7#b7 ,action plan ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7acting through the ,director of the ,centers for ,disease ,control and ,prevention71 the ,secretary 7acting through the ,director of the ,national ,park ,service71 and the ,program ,manager of the ,rivers1 ,trails1 and ,conservation ,assistance ,program shall establish a long-range action plan-- 7,a7 that identifies and coordinates mechanisms to advance-- 7i7 public education on the health importance of physical activity and recreation outdoors in nature1 including in units of the ,national ,park ,system2 and 7ii7 health1 physical activity1 and recreation programs that increase the amount of time and the quality of opportunities spent outdoors in nature1 including in units of the ,national ,park ,system2 and 7,b7 that considers accessibility to units of the ,national ,park ,system and barriers to participation in outdoor physical activity and recreation opportunities1 with an emphasis on access by and barriers for disadvantaged populations1 including individuals with disabilities4 ,b ,incentives for a healthier workforce #baa4 ,tax credit to employers for costs of implementing wellness programs 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 #de,s4 ,wellness program credit 7a7 ,allowance of credit 7#a7 ,in general ,for purposes of section #ch1 the wellness program credit determined under this section for any taxable year during the credit period with respect to an employer is an amount equal to #ej percent of the costs paid or incurred by the employer in connection with a qualified wellness program during the taxable year4 7#b7 ,limitation ,the amount of credit allowed under paragraph 7#a7 for any taxable year shall not exceed the sum of-- 7,a7 the product of #bjj and the number of employees of the employer not in excess of #bjj employees1 plus 7,b7 the product of #ajj and the number of employees of the employer in excess of #bjj employees4 7b7 ,qualified wellness program ,for purposes of this section-- 7#a7 ,qualified wellness program ,the term qualified wellness program means a program which-- 7,a7 consists of any #c of the wellness program components described in subsection 7c71 and 7,b7 which is certified by the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,labor1 as a qualified wellness program under this section4 7#b7 ,programs must be consistent with research and best practices 7,a7 ,in general ,the ,secretary of ,health and ,human ,services shall not certify a program as a qualified wellness program unless the program-- 7i7 is consistent with evidence-based research and best practices1 as identified by persons with expertise in employer health promotion and wellness programs1 7ii7 includes multiple1 evidence-based strategies which are based on the existing and emerging research and careful scientific reviews1 including the ,guide to ,community ,preventive ,services1 the ,guide to ,clinical ,preventive ,services1 and the ,national ,registry of ,evidence-based ,programs and ,practices1 and 7iii7 includes strategies which focus on employee populations with a disproportionate burden of health problems4 7,b7 ,periodic updating and review ,the ,secretary of ,health and ,human ,services shall establish procedures for periodic review and recertifications of programs under this subsection4 ,such procedures shall require revisions of programs if necessary to ensure compliance with the requirements of this section and require updating of the programs to the extent the ,secretary1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,labor1 determines necessary to reflect new scientific findings4 7#c7 ,health literacy ,the ,secretary of ,health and ,human ,services shall1 as part of the certification process1 encourage employers to make the programs culturally competent and to meet the health literacy needs of the employees covered by the programs4 7c7 ,wellness program components ,for purposes of this section1 the wellness program components described in this subsection are the following3 7#a7 ,health awareness component ,a health awareness component which provides for the following3 7,a7 ,health education ,the dissemination of health information which addresses the specific needs and health risks of employees4 7,b7 ,health screenings ,the opportunity for periodic screenings for health problems and referrals for appropriate follow up measures4 7#b7 ,employee engagement component ,an employee engagement component which provides for-- 7,a7 the establishment of a committee to actively engage employees in worksite wellness programs through worksite assessments and program planning1 delivery1 evaluation1 and improvement efforts1 and 7,b7 the tracking of employee participation4 7#c7 ,behavioral change component ,a behavioral change component which provides for altering employee lifestyles to encourage healthy living through counseling1 seminars1 on-line programs1 or self-help materials which provide technical assistance and problem solving skills4 ,such component may include programs relating to-- 7,a7 tobacco use1 7,b7 overweight and obesity1 7,c7 stress management1 7,d7 physical activity1 7,e7 nutrition1 7,f7 substance abuse1 7,g7 depression1 and 7,h7 mental health promotion 7including anxiety74 7#d7 ,supportive environment component ,a supportive environment component which includes the following3 7,a7 ,on-site policies ,policies and services at the worksite which promote a healthy lifestyle1 including policies relating to-- 7i7 tobacco use at the worksite1 7ii7 the nutrition of food available at the worksite through cafeterias and vending options1 7iii7 minimizing stress and promoting positive mental health in the workplace1 7iv7 where applicable1 accessible and attractive stairs1 7v7 alternative transportation and commuting options and facilities1 and 7vi7 the encouragement of physical activity before1 during1 and after work hours4 7,b7 ,participation incentives 7i7 ,in general ,qualified incentive benefits for each employee who participates in the health screenings described in paragraph 7#a77;,b7 or the behavioral change programs described in paragraph 7#c74 7ii7 ,qualified incentive benefit ,for purposes of clause 7i71 the term qualified incentive benefit means any benefit which is approved by the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,labor4 ,such benefit may include an adjustment in health insurance premiums or co-pays4 7,c7 ,employee input ,the opportunity for employees to participate in the management of any qualified wellness program to which this section applies4 7d7 ,participation requirement 7#a7 ,in general ,no credit shall be allowed under subsection 7a7 unless the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,labor1 as a part of any certification described in subsection 7b71 determine that each wellness program component of the qualified wellness program applies to all qualified employees of the employer4 ,the ,secretary of ,health and ,human ,services shall prescribe rules under which an employer shall not be treated as failing to meet the requirements of this subsection merely because the employer provides specialized programs for employees with specific health needs or unusual employment requirements or provides a pilot program to test new wellness strategies4 7#b7 ,qualified employee ,for purposes of paragraph 7#a71 the term qualified employee means an employee who works an average of not less than #be hours per week during the taxable year4 7e7 ,other definitions and special rules ,for purposes of this section-- 7#a7 ,employee and employer 7,a7 ,partners and partnerships ,the term employee includes a partner and the term employer includes a partnership4 7,b7 ,certain rules to apply ,rules similar to the rules of section #eb shall apply4 7#b7 ,certain costs not included ,costs paid or incurred by an employer for food or health insurance shall not be taken into account under subsection 7a74 7#c7 ,no credit where grant awarded ,no credit shall be allowable under subsection 7a7 with respect to any qualified wellness program of any taxpayer 7other than an eligible employer described in subsection 7f77#b77;,a77 who receives a grant provided by the ,united ,states1 a ,state1 or a political subdivision of a ,state for use in connection with such program4 ,the ,secretary shall prescribe rules providing for the waiver of this paragraph with respect to any grant which does not constitute a significant portion of the funding for the qualified wellness program4 7#d7 ,credit period 7,a7 ,in general ,the term credit period means the period of #aj consecutive taxable years beginning with the taxable year in which the qualified wellness program is first certified under this section4 7,b7 ,special rule for existing programs ,in the case of an employer 7or predecessor7 which operates a wellness program for its employees on the date of the enactment of this section1 subparagraph 7,a7 shall be applied by substituting #c consecutive taxable years for #aj consecutive taxable years4 ,the ,secretary shall prescribe rules under which this subsection shall not apply if an employer is required to make substantial modifications in the existing wellness program in order to qualify such program for certification as a qualified wellness program4 7,c7 ,controlled groups ,for purposes of this paragraph1 all persons treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad shall be treated as a single employer4 7f7 ,portion of credit made refundable 7#a7 ,in general ,in the case of an eligible employer of an employee1 the aggregate credits allowed to a taxpayer under subpart ,c shall be increased by the lesser of-- 7,a7 the credit which would be allowed under this section without regard to this subsection and the limitation under section #ch7;c71 or 7,b7 the amount by which the aggregate amount of credits allowed by this subpart 7determined without regard to this subsection7 would increase if the limitation imposed by section #ch7;c7 for any taxable year were increased by the amount of employer payroll taxes imposed on the taxpayer during the calendar year in which the taxable year begins4 ,the amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of the credit otherwise allowable under subsection 7a7 without regard to section #ch7;c74 7#b7 ,eligible employer ,for purposes of this subsection1 the term eligible employer means an employer which is-- 7,a7 a ,state or political subdivision thereof1 the ,district of ,columbia1 a possession of the ,united ,states1 or an agency or instrumentality of any of the foregoing1 or 7,b7 any organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf which is exempt from taxation under section #eja7;a7 of such ,code4 7#c7 ,employer payroll taxes ,for purposes of this subsection-- 7,a7 ,in general ,the term employer payroll taxes means the taxes imposed by-- 7i7 section #caaa7;b71 and 7ii7 sections #cbaa7;a7 and #cbba7;a7 7determined at a rate equal to the rate under section #caaa7;b774 7,b7 ,special rule ,a rule similar to the rule of section #bd7;d77#b77;,c7 shall apply for purposes of subparagraph 7,a74 7g7 ,termination ,this section shall not apply to any amount paid or incurred after ,december #ca1 #bjag4 4 7b7 ,treatment as general business credit ,subsection 7b7 of section #ch of the ,internal ,revenue ,code of #aihf is amended by striking plus at the end of paragraph 7#ce71 by striking the period at the end of paragraph 7#cf7 and inserting 1 plus1 and by adding at the end the following3 7#cg7 the wellness program credit determined under section #de,s4 4 7c7 ,denial of double benefit ,section #bhj;,c of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7j7 ,wellness program credit 7#a7 ,in general ,no deduction shall be allowed for that portion of the costs paid or incurred for a qualified wellness program 7within the meaning of section #de,s7 allowable as a deduction for the taxable year which is equal to the amount of the credit allowable for the taxable year under section #de,s4 7#b7 ,similar rule where taxpayer capitalizes rather than deducts expenses ,if-- 7,a7 the amount of the credit determined for the taxable year under section #de,s1 exceeds 7,b7 the amount allowable as a deduction for such taxable year for a qualified wellness program1 the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess4 7#c7 ,controlled groups ,in the case of a corporation which is a member of a controlled group of corporations 7within the meaning of section #da7;f77#e77 or a trade or business which is treated as being under common control with other trades or business 7within the meaning of section #da7;f77#a77;,b771 this subsection shall be applied under rules prescribed by the ,secretary similar to the rules applicable under subparagraphs 7,a7 and 7,b7 of section #da7;f77#a74 4 7d7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 ,sec4 #de,s4 ,wellness program credit4 4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of enactment of this ,act4 7f7 ,outreach 7#a7 ,in general ,the ,secretary of the ,treasury1 in conjunction with the ,director of the ,centers for ,disease ,control and members of the business community1 shall institute an outreach program to inform businesses about the availability of the wellness program credit under section #de,s of the ,internal ,revenue ,code of #aihf as well as to educate businesses on how to develop programs according to recognized and promising practices and on how to measure the success of implemented programs4 7#b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out the outreach program described in paragraph 7#a74 #bab4 ,employer-provided off-premises athletic facilities 7a7 ,treatment as fringe benefit ,subparagraph 7,a7 of section #acb7;j77#d7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7,a7 ,in general ,gross income shall not include-- 7i7 the value of any on-premises athletic facility provided by an employer to its employees1 and 7ii7 so much of the fees1 dues1 or membership expenses paid by an employer to an athletic or fitness facility described in subparagraph 7,c7 on behalf of its employees as does not exceed #ijj per employee per year4 4 7b7 ,athletic facilities described ,paragraph 7#d7 of section #acb7;j7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,c7 ,certain athletic or fitness facilities described ,for purposes of subparagraph 7,a77ii71 an athletic or fitness facility described in this subparagraph is a facility-- 7i7 which provides instruction in a program of physical exercise1 offers facilities for the preservation1 maintenance1 encouragement1 or development of physical fitness1 or is the site of such a program of a ,state or local government1 7ii7 which is not a private club owned and operated by its members1 7iii7 which does not offer golf1 hunting1 sailing1 or riding facilities1 7iv7 whose health or fitness facility is not incidental to its overall function and purpose1 and 7v7 which is fully compliant with the ,state of jurisdiction and ,federal anti-discrimination laws4 4 7c7 ,exclusion applies to highly compensated employees only ,if no discrimination ,section #acb7;j77#a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,paragraphs 7#a7 and 7#b7 of subsection 7a7 and inserting ,subsections 7a77#a71 7a77#b71 and 7j77#d71 and 7#b7 by striking the heading thereof through apply and inserting ,certain exclusions apply4 7d7 ,employer deduction for dues to certain athletic facilities 7#a7 ,in general ,paragraph 7#c7 of section #bgd7;a7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new sentence3 ,the preceding sentence shall not apply to so much of the fees1 dues1 or membership expenses paid to athletic or fitness facilities 7within the meaning of section #acb7;j77#d77;,c77 as does not exceed #ijj per employee per year44 7#b7 ,conforming amendment ,the last sentence of section #bgd7;e77#d7 of such ,code is amended by inserting the first sentence of before subsection 7a77#c74 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #bac4 ,task force for the promotion of breastfeeding in the workplace 7a7 ,establishment ,the ,secretary of ,health and ,human ,services and the ,secretary of ,labor1 or their designees1 shall convene a task force for the purpose of promoting breastfeeding among working mothers 7referred to in this section as the ,task ,force74 7b7 ,membership ,the ,task ,force shall be composed of members who are-- 7#a7 expert staff from the ,department of ,labor with expertise in workforce issues2 7#b7 expert staff from the ,department of ,health and ,human ,services with expertise in the areas of breastfeeding and breastfeeding promotion2 7#c7 members of the ,united ,states ,breastfeeding ,committee2 7#d7 expert staff from the ,department of ,agriculture2 and 7#e7 appointed by the ,secretary of ,health and ,human ,services and the ,secretary of ,labor1 including-- 7,a7 working mothers who have experience in working and breastfeeding2 and 7,b7 representatives of the human resource departments of both large and small employers that have successfully promoted breastfeeding and breastmilk pumping support at work4 7c7 ,period of appointment2 vacancies ,members shall be appointed for the life of the ,task ,force4 ,any vacancy in the ,task ,force shall not affect its powers1 but shall be filled in the same manner as the original appointment4 7d7 ,chair ,the ,task ,force shall be chaired jointly by the ,secretary of ,health and ,human ,services and the ,secretary of ,labor1 or their designees4 7e7 ,duties of the task force 7#a7 ,examination ,consistent with the ,surgeon ,general's ,call to ,action to ,support ,breastfeeding 7#bjaa71 the ,task ,force shall examine the following issues3 7,a7 ,the challenges that mothers face with continuing breastfeeding when the mothers return to work after giving birth1 including different challenges that mothers of varying socio-economic status and in different professions may face4 7,b7 ,the challenges that employers face in accommodating mothers who seek to continue to breastfeed or to express milk when the mothers re-enter the workforce4 7,c7 ,the benefits that accrue to mothers1 babies1 and to employers when mothers are able to continue to breastfeed or to express breast milk at work after the mothers have re-entered the workforce4 7,d7 ,federal and ,state statutes that may have the effect of reducing breastfeeding and breastfeeding retention rates among working mothers4 7,e7 ,the implementation of the reasonable break time for nursing mothers requirements under section #g7r7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg7r774 7#b7 ,reports 7,a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,task ,force shall issue a public report with recommendations on the following3 7i7 ,steps that can be taken to promote breastfeeding among working mothers and to remove barriers to breastfeeding among working mothers4 7ii7 ,potential ways in which the ,federal ,government can work with employers to promote breastfeeding among working mothers4 7iii7 ,areas in which changes to existing ,federal1 ,state1 or local laws would likely have the effect of making it easier for working mothers to breastfeed or would remove impediments to breastfeeding that currently exist in such laws4 7iv7 ,whether or not increased rates of breastfeeding among working mothers would likely have the result of reducing health care costs among such mothers and their children1 and1 in particular1 whether increased rates of breastfeeding would be likely to result in lower ,federal expenditures on health care for such mothers and their children4 7v7 ,areas in which the ,federal ,government1 through increased efforts by ,federal agencies1 or changes to existing ,federal law1 can and should increase the ,federal ,government's efforts to promote breastfeeding among working mothers4 7,b7 ,copy to congress ,upon completion of the report described in subparagraph 7,a71 the ,task ,force shall submit a copy of the report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,education and the ,workforce of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives4 7f7 ,powers of the task force 7#a7 ,hearings ,the ,task ,force may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,task ,force considers advisable to carry out this section4 7#b7 ,information from federal agencies ,the ,task ,force may secure directly from any ,federal department or agency such information as the ,task ,force considers necessary to carry out this section4 ,upon request of the ,chair of the ,task ,force1 the head of such department or agency shall furnish such information to the ,task ,force4 7#c7 ,postal services ,the ,task ,force may use the ,united ,states mails in the same manner and under the same conditions as other departments and agencies of the ,federal ,government4 7#d7 ,donations ,the ,task ,force may accept1 use1 and dispose of donations of services or property4 7g7 ,operating expenses ,the operating expenses of the ,task ,force1 including travel expenses for members of the ,task ,force1 shall be paid for from the general operating expenses funds of the ,secretary of ,health and ,human ,services and the ,secretary of ,labor4 #bad4 ,improving healthy eating and active living options in ,federal workplaces 7a7 ,menu labeling in ,federal food establishments 7#a7 ,in general 7,a7 ,executive and ,judicial buildings ,section #djc7q7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7q77 is amended by adding at the end the following3 7#f7 7,a7 ,the requirements of subparagraph 7#e77;,h7 shall apply-- 7i7 to a restaurant or similar retail food establishment located in a ,federal building in the same manner as such subparagraph applies to a restaurant or similar retail food establishment that is part of a chain with #bj or more locations1 as described in subparagraph 7#e77;,h77i72 and 7ii7 to a person that operates a vending machine located in a ,federal building in the same manner as such subparagraph applies to a person who is engaged in the business of owning or operating #bj or more vending machines1 as described in subparagraph 7#e77;,h77viii74 7,b7 ,in this subparagraph1 the term ,federal building means a building that is-- 7i7 under the control of the ,federal agency 7as defined in section #ajb of title #dj1 ,united ,states ,code72 7ii7 owned by the ,federal ,government2 and 7iii7 located in a ,state1 the ,district of ,columbia1 ,puerto ,rico1 or a territory or possession of the ,united ,states4 4 7,b7 ,applicability ,the requirement in the amendment made by paragraph 7#a7 shall apply to restaurants or similar retail food establishments and vending machines located in a ,federal building beginning #ab months after the date of enactment of this ,act4 7#b7 ,congressional buildings ,the ,architect of the ,capitol1 in coordination with the ,committee on ,rules and ,administration of the ,senate and the ,committee on ,house ,administration of the ,house of ,representatives1 shall establish a program to apply the requirements of section #djc7q77#e77;,h7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7q77#e77;,h77 7as amended by paragraph 7#a77 to-- 7,a7 food that is served in restaurants or other similar retail food establishments that are located in ,congressional buildings and installations2 7,b7 food that is sold through vending machines that are operated in ,congressional buildings and installations2 and 7,c7 food that is served to individuals within ,congressional buildings and installations pursuant to a contract with a private entity4 7b7 ,nutritional standards for food in ,federal buildings 7#a7 ,executive and ,judicial buildings ,subchapter ,v of chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #eid4 ,nutritional standards for food in ,federal buildings 7a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,administrator of ,general ,services1 in consultation with the ,secretary of ,health and ,human ,services1 shall establish1 by regulation1 nutritional standards for foods and beverages purchased1 served1 and sold through ,federal buildings and on ,federal property 7including food products provided by contractors or vending machines74 ,such standards shall reflect the most recent ,dietary ,guidelines for ,americans4 7b7 ,considerations ,in developing the nutritional standards under subsection 7a71 the ,administrator shall consider the following3 7#a7 ,recommendations for nutrition standards for foods1 beverages1 or meals made by authoritative scientific organizations4 7#b7 ,both positive and negative contributions of nutrients1 ingredients1 and foods to diets 7including calories or portion size1 saturated fat1 trans fat1 sodium1 added sugars1 and the presence of fruits1 vegetables1 whole grains1 and nutrients of concern in ,americans' diets74 7#c7 ,adaptations of the standards for different venues1 such as childcare1 correctional facilities1 government meetings1 or other settings with unique populations or circumstances4 7c7 ,periodic review ,not later than #e years after the date of enactment of this section1 and every #e years thereafter1 the ,secretary1 shall review1 and if necessary1 revise and update the nutrition standards developed under subsection 7a7 to reflect advancements in nutrition science1 dietary data1 and new product availability4 7d7 ,use of amounts ,amounts appropriated to an executive agency for installation1 repair1 and maintenance1 generally1 may be used to achieve compliance with the regulations promulgated pursuant to this section4 7e7 ,liability ,nothing in this section increases or enlarges the tort liability of the ,federal ,government for any injury to an individual or damage to property4 4 7#b7 ,congressional buildings 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,architect of the ,capitol1 in coordination with the ,committee on ,rules and ,administration of the ,senate and the ,committee on ,house ,administration of the ,house of ,representatives shall adopt nutritional standards for food and beverage products purchased1 served1 or sold through ,congressional buildings and properties 7including food products provided by contractors and vending machines74 ,such standards shall reflect the most recent ,dietary ,guidelines for ,americans4 7,b7 ,considerations ,in developing the nutritional standards under subparagraph 7,a71 the ,architect shall consider the following3 7i7 ,recommendations for nutrition standards for foods1 beverages1 or meals made by authoritative scientific organizations4 7ii7 ,both positive and negative contributions of nutrients1 ingredients1 and foods to diets 7including calories or portion size1 saturated fat1 trans fat1 sodium1 added sugars1 and the presence of fruits1 vegetables1 whole grains1 and nutrients of concern in ,americans' diets74 7,c7 ,periodic review ,not later than #e years after the date of enactment of this ,act1 and every #e years thereafter1 the ,architect1 shall review1 and if necessary1 revise and update the nutrition standards developed under subparagraph 7,a7 to reflect advancements in nutrition science1 dietary data1 and new product availability4 7c7 ,encouragement of use of stairs 7#a7 ,executive and ,judicial buildings ,subchapter ,v of chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 as amended by subsection 7b71 is further amended by adding at the end the following3 #eie4 ,encouragement of use of stairs 7a7 ,in general ,in the design of new or substantively remodeled ,federal buildings1 each ,federal agency shall consider including building features that ensure stairs are accessible and attractive4 ,in new and existing buildings1 each ,federal agency shall install point-of-decision prompts encouraging individuals to use stairs wherever practicable at each relevant building and installation that is-- 7#a7 under the control of the ,federal agency2 7#b7 owned by the ,federal ,government2 and 7#c7 located in a ,state1 the ,district of ,columbia1 ,puerto ,rico1 or a territory or possession of the ,united ,states4 7b7 ,reimbursement ,subsection 7a7 may be carried out by-- 7#a7 reimbursement to a ,state or political subdivision of a ,state1 the ,district of ,columbia1 ,puerto ,rico1 or a territory or possession of the ,united ,states2 or 7#b7 grants or contracts4 7c7 ,regulations ,subsection 7a7 shall be carried out in accordance with such regulations as the ,administrator of ,general ,services may promulgate1 with the approval of the ,director of the ,office of ,management and ,budget4 7d7 ,use of amounts ,amounts appropriated to a ,federal agency for installation1 repair1 and maintenance1 generally1 shall be available to carry out this section4 7e7 ,liability ,nothing in this section increases or enlarges the tort liability of the ,federal ,government for any injury to an individual or damage to property4 4 7#b7 ,congressional buildings ,the ,architect of the ,capitol shall implement a program to install point-of-decision prompts encouraging individuals to use stairs wherever practicable in ,congressional buildings and installations in the same manner as established under section #eie of title #dj1 ,united ,states ,code 7as added by paragraph 7#a774 7d7 ,accommodations for bicycle commuters 7#a7 ,executive and ,judicial ,federal buildings ,subchapter ,v of chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 as amended by subsection 7c71 is further amended by adding at the end the following3 #eif4 ,accommodations for bicycle commuters 7a7 ,in general ,each ,federal agency shall install and maintain a bicycle storage area and equipment 7such as a bicycle rack7 and a shower for bicycle commuters at each relevant parking structure that is-- 7#a7 under the control of the ,federal agency2 7#b7 owned by the ,federal ,government2 and 7#c7 located in a ,state1 the ,district of ,columbia1 ,puerto ,rico1 or a territory or possession of the ,united ,states4 7b7 ,reimbursement ,subsection 7a7 may be carried out by-- 7#a7 reimbursement to a ,state or political subdivision of a ,state1 the ,district of ,columbia1 ,puerto ,rico1 or a territory or possession of the ,united ,states2 or 7#b7 grants or contracts4 7c7 ,regulations ,subsection 7a7 shall be carried out in accordance with such regulations as the ,administrator of ,general ,services may promulgate1 with the approval of the ,director of the ,office of ,management and ,budget4 7d7 ,use of amounts ,amounts appropriated to a ,federal agency for installation1 repair1 and maintenance1 generally1 shall be available to carry out this section4 7e7 ,liability ,nothing in this section increases or enlarges the tort liability of the ,federal ,government for any injury to an individual or damage to property4 4 7#b7 ,congressional buildings ,the ,architect of the ,capitol1 in coordination with the ,sergeant at ,arms and ,doorkeeper of the ,senate1 the ,sergeant at ,arms of the ,house of ,representatives1 and the ,united ,states ,capitol ,police1 shall implement1 within their respective jurisdictions1 a program to make accommodations for bicycle commuters on the ,united ,states ,capitol complex in the same manner as established under section #eif of title #dj1 ,united ,states ,code 7as added by paragraph 7#a774 ,,iii ,responsible marketing and consumer awareness #cja4 ,guidelines for reduction in sodium content in certain foods 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall promulgate regulations establishing guidelines for the mandatory reduction1 over a #b-year period1 in the sodium content of processed food and restaurant food following1 as appropriate1 the recommendations made by the ,institute of ,medicine report entitled 8,strategies to ,reduce ,sodium ,intake in the ,united ,states04 7b7 ,definitions ,for purposes of this section-- 7#a7 the term processed food has the meaning given such term in section #bja7;gg7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;gg772 and 7#b7 the term restaurant food means food subject to the requirements of section #djc7q77#e77;,h7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7q77#e77;,h774 #cjb4 ,nutrition labeling for food products sold principally for use in restaurants or other retail food establishments ,section #djc7q77#e7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7q77#e77 is amended by striking clause 7,g74 #cjc4 ,front-label food guidance systems 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall begin soliciting public comments regarding-- 7#a7 the use of retail front-label food guidance systems to convey nutrition information to the public using logos1 symbols1 signs1 emblems1 insignia1 or other graphic representations on the labeling of food intended for human consumption that are intended to provide simple1 standardized1 and understandable nutrition information to the public in graphic form2 7#b7 appropriate nutrition standards by which a retail front-label food guidance system may convey the relative nutritional value of different foods in simple graphic form2 and 7#c7 whether ,american consumers would be better served by establishing a single1 standardized retail front-label food guidance system regulated by the ,food and ,drug ,administration1 or by allowing individual food companies1 trade associations1 nonprofit organizations1 and others to continue to develop their own retail front-label food guidance systems4 7b7 ,effect on nutrition facts panel ,in soliciting public comments under subsection 7a71 the ,secretary shall inform the public that any retail front-label food guidance system is intended to supplement1 not replace1 the ,nutrition ,facts ,panel that appears on food labels pursuant to section #djc7q7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7q774 7c7 ,proposed regulation ,not later than #ab months following the closure of the public comment solicitation period under subsection 7a71 the ,secretary shall-- 7#a7 publish a notice in the ,federal ,register that summarizes the public comments and describes the suggested retail front-label food guidance systems received through such solicitation2 and 7#b7 publish proposed regulations that-- 7,a7 establish a single1 standardized retail front-label food guidance system2 or 7,b7 establish the conditions under which individual food companies1 trade associations1 nonprofit organizations1 and other entities may continue to develop their own retail front-label food guidance systems4 #cjd4 ,rulemaking authority for advertising to children 7a7 ,purpose ,the purpose of this section is to restore the authority of the ,federal ,trade ,commission to issue regulations that restrict the marketing or advertising of foods and beverages to children under the age of #ah years if the ,federal ,trade ,commission determines that there is evidence that consumption of certain foods and beverages is detrimental to the health of children4 7b7 ,authority ,section #ah of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7 is amended-- 7#a7 in subsection 7a71 by striking ,except as provided in subsection 7h71 the and inserting ,the2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,procedure applicable ,when prescribing a rule under subsection 7a77#a77;,b7 of this section1 the ,commission shall proceed in accordance with section #eec of title #e 7without regard to any reference in such section to sections #eef and #eeg of such title74 2 7#c7 by striking subsections 7c71 7f71 7h71 7i71 and 7j72 7#d7 by striking subsection 7d7 and inserting the following3 7c7 ,when any rule under subsection 7a77#a77;,b7 takes effect a subsequent violation thereof shall constitute an unfair or deceptive act or practice in violation of section #e7;a77#a7 of this ,act1 unless the ,commission otherwise expressly provides in such rule4 2 7#e7 by redesignating subsections 7e7 and 7g7 as subsections 7d7 and 7e71 respectively2 and 7#f7 in subsection 7d71 as redesignated-- 7,a7 in paragraph 7#a77;,b71 by striking the transcript required by subsection 7c77#e712 7,b7 in paragraph 7#c71 by striking error7 and all that follows through the period at the end and inserting error742 and 7,c7 in paragraph 7#e71 by striking subparagraph 7,c74 #cje4 ,health literacy3 research1 coordination and dissemination 7a7 ,in general ,part ,a of title ,,ix of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bii et seq47 is amended by adding at the end the following3 #ijd4 ,health literacy3 research1 coordination and dissemination 7a7 ,definition ,in this section1 the term health literacy means a consumer's ability to obtain1 process1 and understand basic health information and services needed to make appropriate health care decisions and the adaptation of services to enhance a consumer's understanding and navigation of applicable health care services4 7b7 ,health literacy program 7#a7 ,establishment ,the ,director shall establish within the ,agency a program 7referred to in this section as the program7 to strengthen health literacy by improving measurement1 research1 development1 and information dissemination4 7#b7 ,duties ,in carrying out the program1 the ,director shall-- 7,a7 gather health literacy resources from public and private sources and make such resources available to researchers1 health care providers1 and the general public2 7,b7 identify and fill research gaps relating to health literacy that have direct applicability to-- 7i7 prevention2 7ii7 self-management of chronic disease2 7iii7 quality improvement2 7iv7 the barriers to health literacy2 7v7 relationships between health literacy and health disparities1 particularly with respect to language and cultural competency2 and 7vi7 the utilization of information on comparative effectiveness of health treatments2 7,c7 sponsor demonstration and evaluation projects with respect to interventions and tools designed to strengthen health literacy1 including projects focused on-- 7i7 the provision of simplified1 patient-centered written materials2 7ii7 technology-based communication techniques2 7iii7 consumer navigation services2 and 7iv7 the training of health professional providers2 7,d7 give preference to health literacy initiatives that-- 7i7 focus on the particular needs of vulnerable populations such as the elderly1 racial and ethnic minorities1 children1 individuals with limited ,english proficiency1 and individuals with disabilities2 and 7ii7 partner with institutions in the community such as schools1 libraries1 senior centers1 literacy groups1 recreation centers1 early childhood education centers1 area health education centers1 and public assistance programs2 7,e7 assist appropriate ,federal agencies in establishing specific objectives and strategies for carrying out the program1 in monitoring the programs of such agencies1 and incorporating health literacy into research design1 human subjects protections1 and informed consent in clinical research2 7,f7 seek to enter into implementation partnerships with organizations and agencies1 including other agencies within the ,department of ,health and ,human ,services1 such as the ,centers for ,medicare ,medicaid ,services and the ,health ,resources and ,services ,administration1 the ,office of the ,surgeon ,general1 the ,joint ,commission on the ,accreditation of ,healthcare ,organizations1 the ,office of the ,national ,coordinator for ,health ,information ,technology1 and the ,national ,committee for ,quality ,assurance1 to promote the adoption of interventions and tools developed under this section1 particularly in the training of health professionals2 and 7,g7 coordinate with other agencies within the ,department of ,health and ,human ,services to collect data that monitors national trends in health literacy by including relevant items in surveys such as the ,medical ,expenditure ,panel ,survey1 the ,national ,health ,interview ,survey1 and the ,national ,hospital ,discharge ,survey4 7#c7 ,report ,the ,agency for ,healthcare ,research and ,quality shall annually submit to ,congress a report that includes-- 7,a7 a comprehensive and detailed description of the operations1 activities1 financial condition1 and accomplishments of the ,agency in the field of health literacy2 and 7,b7 a description of how plans for the operation of the program for the succeeding fiscal year will facilitate achievement of the goals of the program4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection such sums as may be necessary for each of fiscal years #bjad through #bjah4 7c7 ,state health literacy grants 7#a7 ,grants ,the ,director of the ,agency shall award grants to eligible entities to facilitate ,state and community efforts to strengthen health literacy4 7#b7 ,use of funds ,an entity receiving a grant under this subsection shall use amounts received under such grant to-- 7,a7 support efforts to monitor and strengthen health literacy within a ,state or community2 7,b7 assist public and private efforts in the ,state or community in coordinating and delivering health literacy services2 7,c7 encourage partnerships among ,state and local governments1 community organizations1 non-profit entities1 academic institutions1 and businesses to coordinate efforts to strengthen health literacy2 7,d7 provide technical and policy assistance to ,state and local governments and service providers2 and 7,e7 monitor and evaluate programs conducted under this grant4 7#c7 ,report ,not later than ,september #cj of each fiscal year for which a grant is received by an entity under this section1 the entity shall submit to the ,director a report that describes the programs supported by the grant and the results of monitoring and evaluation of those programs4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this subsection for each of fiscal years #bjad through #bjah4 4 7b7 ,institute of ,medicine study and report 7#a7 ,study ,the ,secretary of ,health and ,human ,services shall seek to enter into a contract with the ,institute of ,medicine to conduct a study identifying opportunities within the ,department of ,health and ,human ,services to strengthen the health literacy of health care providers and health care consumers in accordance with the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh74 7#b7 ,report ,a contract entered into under paragraph 7#a7 shall include a provision requiring the ,institute of ,medicine1 not later than #a year after the date of enactment of this ,act1 to submit a report concerning the results of the study conducted under paragraph 7#a7 to the ,secretary of ,health and ,human ,services and the appropriate committees of ,congress404 #cjf4 ,disallowance of deductions for advertising and marketing expenses relating to tobacco product use 7a7 ,in general ,part ,,ix of subchapter ,b of chapter #a of subtitle ,a of the ,internal ,revenue ,code of #aihf 7relating to items not deductible7 is amended by adding at the end the following new section3 #bhj;,i4 ,disallowance of deduction for advertising and marketing expenses relating to tobacco product use ,no deduction shall be allowed under this chapter for expenses relating to advertising or marketing cigars1 cigarettes1 smokeless tobacco1 pipe tobacco1 or any other tobacco product4 ,for purposes of this section1 any term used in this section which is also used in section #egjb shall have the same meaning given such term by section #egjb4 4 7b7 ,conforming amendment ,the table of sections for such part ,,ix is amended by adding after the item relating to section #bhj;,h the following new item3 ,sec4 #bhj;,i4 ,disallowance of deduction for tobacco advertising and marketing expenses4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #cjg4 ,incentives to reduce tobacco use 7a7 ,child tobacco use surveys 7#a7 ,annual performance survey 7,a7 ,in general ,not later than ,august #ca1 #bjad1 and annually thereafter1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall publish the results of an annual tobacco use survey1 to be carried out not later than #ah months after the date of enactment of this ,act and completed on an annual basis thereafter1 to determine-- 7i7 the percentage of all young individuals who used tobacco products within the #cj-;day period prior to the conduct of the survey involved2 and 7ii7 the percentage of young individuals who identify each brand of each type of tobacco product as the usual brand used within such #cj-;day period4 7,b7 ,young individuals ,for the purposes of this section1 the term young individuals means individuals who are under #ah years of age4 7#b7 ,size and methodology 7,a7 ,in general ,the survey referred to in paragraph 7#a7 may be the ,national ,survey on ,drug ,use and ,health or shall at least be comparable in size and methodology to the ,,nsduh that was completed in #bjji to measure the use of cigarettes 7by brand7 by youths under #ah years of age within the #cj-;day period prior to the conduct of the study4 ,such survey may be conducted as a component of the ,national ,health and ,nutrition ,examination ,survey or the ,national ,health ,interview ,survey1 if all other requirements provided for in this section are complied with4 7,b7 ,conclusive accurateness ,a survey using the methodology described in subparagraph 7,a7 shall be deemed conclusively proper1 correct1 and accurate for purposes of this section4 7,c7 ,definition ,in this section1 the term ,national ,survey on ,drug ,use and ,health or ,,nsduh means the annual nationwide survey of randomly selected individuals1 aged #ab and older1 conducted by the ,substance ,abuse and ,mental ,health ,services ,administration4 7#c7 ,reduction ,the ,secretary1 based on a comparison of the results of the first annual tobacco product survey referred to in paragraph 7#a7 and the most recent survey data referred to in paragraph 7#b77;,a7 completed prior to the date of enactment of this ,act1 shall determine the percentage reduction 7if any7 in youth tobacco use for each manufacturer of tobacco products4 7#d7 ,participation in survey ,notwithstanding any other provision of law1 the ,secretary may conduct a survey under this subsection involving minors if the results of such survey with respect to such minors are kept confidential and not disclosed4 7#e7 ,nonapplicability ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to information required for the purposes of carrying out this section4 7b7 ,tobacco use reduction goal and noncompliance 7#a7 ,goal ,it shall be the tobacco use reduction goal that youth tobacco use be reduced by at least #e percent or a level determined significantly sufficient by the ,secretary between the most recent ,,nsduh referred to in subsection 7a77#b77;,a7 and the completion of the first annual cigarette survey 7and such subsequent surveys as compared to the previous year's survey7 referred to in subsection 7a77#a74 7#b7 ,noncompliance 7,a7 ,industry-wide penalty ,if the ,secretary determines that the tobacco use reduction goal under paragraph 7#a7 has not been achieved1 the ,secretary shall1 not later than ,september #aj1 #bjad1 and ,september #aj of each year thereafter1 impose an industry-wide penalty on the manufacturers of cigarettes in an amount that is in the aggregate equal to #c1jjj1jjj1jjj4 7,b7 ,payment ,the industry-wide penalty imposed under this subsection shall be paid by each manufacturer based on the brand share among youth ages #ab-ag 7as determined by the survey described in subsection 7a77#a77 as such percentage relates to the total amount to be paid by all manufacturers4 7,c7 ,final determination ,the determination of the ,secretary as to the amount and allocation of a surcharge under this section shall be final and the manufacturer shall pay such surcharge within #aj days of the date on which the manufacturer is assessed4 ,such payment shall be retained by the ,secretary pending final judicial review of what1 if any1 change in the surcharge is appropriate4 7,d7 ,limitation ,with respect to cigarettes1 a manufacturer with a market share of #a percent or less of youth tobacco use shall not be liable for the payment of a surcharge under this paragraph4 7,e7 ,use of amounts ,amounts collected under subparagraph 7,a7 shall be deposited into the ,prevention and ,public ,health ,fund established under section #djjb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #cjju-#aa74 ,such funds shall remain available for transfer through ,september #cjth of the fifth fiscal year following their collection1 subject to the terms and conditions of such section #djjb4 7#c7 ,penalties nondeductible ,the payment of penalties under this section shall not be considered to be an ordinary and necessary expense in carrying on a trade or business for purposes of the ,internal ,revenue ,code of #aihf and shall not be deductible4 7#d7 ,judicial review 7,a7 ,after payment ,a manufacturer of cigarettes may seek judicial review of any action under this section only after the assessment involved has been paid by the manufacturer to the ,department of the ,treasury and only in the ,united ,states ,district ,court for the ,district of ,columbia4 7,b7 ,review by attorney general ,prior to the filing of an action by a manufacturer seeking judicial review of an action under this section1 the manufacturer shall notify the ,attorney ,general of such intent to file and the ,attorney ,general shall have #cj days in which to respond to the action4 7,c7 ,review ,the amount of any surcharge paid under this section shall be subject to judicial review by the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit1 based on the arbitrary and capricious standard of section #gjf of title #e1 ,united ,states ,code4 ,notwithstanding any other provision of law1 no court shall have the authority to stay any surcharge payment due to the ,secretary under this section pending judicial review until the ,secretary has made or failed to make a compliance determination1 as described under this section1 that has adversely affected the person seeking the review4 7c7 ,enforcement 7#a7 ,initial penalty ,there is hereby imposed an initial penalty on the failure of any manufacturer to make any payment required under this section not later than a period determined sufficient by the ,secretary after the date on which such payment is due4 7#b7 ,amount of penalty ,the amount of the penalty imposed by paragraph 7#a7 on any failure with respect to a manufacturer shall be an amount equal to #b percent of the penalty owed under subsection 7b7 for each day during the noncompliance period4 7#c7 ,noncompliance period ,for purposes of this subsection1 the term noncompliance period means1 with respect to any failure to make the surcharge payment required under this section1 the period-- 7,a7 beginning on the due date for such payment2 and 7,b7 ending on the date on which such payment is paid in full4 7#d7 ,limitations ,no penalty shall be imposed by paragraph 7#a7 on-- 7,a7 any failure to make a surcharge payment under this section during any period for which it is established to the satisfaction of the ,secretary that none of the persons responsible for such failure knew or1 exercising reasonable diligence1 would have known1 that such failure existed2 or 7,b7 any manufacturer that produces less than #a percent of cigarettes used by youth in that year 7as determined by the annual survey74 #cjh4 ,voluntary standards on food marketing to children 7a7 ,in general ,the ,interagency ,working ,group on ,food ,marketed to ,children 7as established by the ,omnibus ,appropriations ,act1 #bjji 7,public ,law #aji-h77 and constituted by the ,commisioner of the ,federal ,trade ,commission1 together with the ,commissioner of the ,food and ,drug ,administration1 the ,director of the ,centers for ,disease ,control and ,prevention1 and the ,secretary of ,agriculture1 shall develop recommendations for standards for the marketing of food when such marketing targets children who are #ag years of age or younger or when such food represents a significant component of the diets of children4 7b7 ,considerations ,in developing standards under subsection 7a71 the ,working ,group shall consider-- 7#a7 positive and negative contributions of nutrients1 ingredients1 and food 7including calories1 portion size1 saturated fat1 trans fat1 sodium1 added sugars1 and the presence of nutrients1 fruits1 vegetables1 and whole grains7 to the diets of such children2 and 7#b7 evidence concerning the role of the consumption of nutrients1 ingredients1 and foods in preventing or promoting the development of obesity among such children4 7c7 ,scope ,the ,working ,group shall determine the scope of the media to which the standards developed under subsection 7a7 should apply4 7d7 ,submission to ,congress ,not later than ,july #ae1 #bjad1 the ,working ,group shall submit to the relevant ,committees of ,congress a report containing the findings and recommendations of the ,working ,group under this section4 ,,iv ,expanded coverage of preventive services #dja4 ,required coverage of preventive services under the ,medicaid program 7a7 ,mandatory coverage ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d71 as amended by section #dajg7;a77#a7 of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 is amended-- 7#a7 in subsection 7a77#d7-- 7,a7 by striking and before 7,d72 and 7,b7 by inserting before the semicolon at the end the following new subparagraph3 2 and 7,e7 preventive services described in subsection 7ee722 and 7#b7 by adding at the end the following new subsection3 7ee7 ,preventive ,services ,for purposes of subsection 7a77#d77;,e71 the preventive services described in this subsection are diagnostic1 screening1 preventive1 and rehabilitative services not otherwise described in subsection 7a7 or 7r7 that the ,secretary determines are appropriate for individuals entitled to medical assistance under this title1 including-- 7#a7 evidence-based services that are assigned a grade of ,a or ,b by the ,united ,states ,preventive ,services ,task ,force2 and 7#b7 with respect to an adult individual1 approved vaccines recommended for routine use by the ,advisory ,committee on ,immunization ,practices of the ,centers for ,disease ,control and ,prevention4 4 7b7 ,elimination of cost-,sharing 7#a7 ,subsections 7a77#b77;,d7 and 7b77#b77;,d7 of section #aiaf of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo7 are each amended by inserting preventive services described in section #aije7;ee71 after emergency services 7as defined by the ,secretary714 7#b7 ,section #aiaf;,a7a77#a7 of such ,act 7#db ,u4,s4,c4 #acifo-#a7;a77#a77 is amended by inserting 1 preventive services described in section #aije7;ee71 after subsection 7c74 7c7 ,conforming amendment ,effective as if included in the enactment of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 the provisions of1 and amendments made by1 section #dajf of such ,act are repealed4 7d7 ,interval period for inclusion of new recommendations in ,state plans ,with respect to a recommendation issued on or after the date of enactment of this ,act by an organization described in subsection 7ee7 of section #aije of the ,social ,security ,act for a preventive service included under such subsection1 the ,secretary of ,health and ,human ,services shall establish a minimum interval period1 which shall be not less than #ab months1 between the date on which the recommendation is issued and the plan year for which a ,state plan for medical assistance under title ,,xix of the ,social ,security ,act shall be required to include such preventive service4 7e7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by subsections 7a7 and 7b7 take effect on the date of enactment of this ,act4 7#b7 ,extension of effective date for state law amendment ,in the case of a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 which the ,secretary of ,health and ,human ,services determines requires ,state legislation or ,state regulation in order for the plan to meet the additional requirements imposed by the amendments made by subsections 7a7 and 7b71 the ,state plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the ,state legislature that begins after the date of enactment of this ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session is considered to be a separate regular session of the ,state legislature4 #djb4 ,coverage for comprehensive workplace wellness program and preventive services ,section #hijd7;a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 7,g7 ,comprehensive workplace wellness program benefits that meet the requirements of section #ajdjh of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh74 7,h7 ,preventive services benefits deemed an ,a or ,b service by the ,united ,states ,preventive ,services ,taskforce4 7,i7 ,immunizations that have in effect a recommendation from the ,advisory ,committee on ,immunization ,practices of the ,centers for ,disease ,control and ,prevention with respect to the individuals involved4 7,j7 ,with respect to infants1 children1 and adolescents1 evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the ,health ,resources and ,services ,administration of the ,department of ,health and ,human ,services4 2 and 7#b7 in paragraph 7#b71 by adding at the end the following3 7,g7 ,comprehensive workplace wellness program benefits that meet the requirements of section #ajdjh of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh74 7,h7 ,preventive services benefits deemed an ,a or ,b service by the ,united ,states ,preventive ,services ,taskforce4 7,i7 ,immunizations that have in effect a recommendation from the ,advisory ,committee on ,immunization ,practices of the ,centers for ,disease ,control and ,prevention with respect to the individuals involved4 7,j7 ,with respect to infants1 children1 and adolescents1 evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the ,health ,resources and ,services ,administration of the ,department of ,health and ,human ,services4 4 #djc4 ,health professional education and training in healthy eating ,part ,q of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;h et seq47 is amended by striking section #cii,z and inserting the following3 #cii,z4 ,health professional education and training in healthy eating 7a7 ,in general ,the ,secretary1 in collaboration with the ,director of the ,centers for ,disease ,control and ,prevention1 the ,administrator of the ,health ,resources and ,services ,administration1 and the heads of other agencies1 and in consultation with appropriate health professional associations1 shall develop and carry out a program to educate and train health professionals in effective strategies to-- 7#a7 better identify patients at-risk of becoming overweight or obese or developing an eating disorder2 7#b7 detect overweight or obesity or eating disorders among a diverse patient population2 7#c7 counsel1 refer1 or treat patients with overweight or obesity or an eating disorder2 7#d7 educate patients and the families of patients about effective strategies to establish healthy eating habits and appropriate levels of physical activity2 and 7#e7 assist in the creation and administration of community-based overweight and obesity and eating disorder prevention efforts4 7b7 ,eating disorder ,in this section1 the term eating disorder includes anorexia nervosa1 bulimia nervosa1 binge eating disorder1 and eating disorders not otherwise specified1 as defined in the fourth edition of the ,diagnostic and ,statistical ,manual of ,mental ,disorders or any subsequent edition4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years #bjad through #bjah4 4 #djd4 ,integrative medicine training program ,title ,,vii of the ,public ,health ,service ,act is amended by inserting after section #gfh 7#db ,u4,s4,c4 #bie;c7 the following3 #gfh;,a4 ,integrative medicine training program 7a7 ,national ,coordinating ,center for ,training in ,integrative ,medicine 7#a7 ,in general the ,secretary1 acting through the ,administrator1 shall award a single grant to an eligible entity that shall serve as the ,national ,coordinating ,center for ,training in ,integrative ,medicine4 7#b7 ,eligibility ,to be eligible to receive a grant under paragraph 7#a71 an entity shall-- 7,a7 be-- 7i7 an accredited school of medicine or osteopathic medicine2 7ii7 an accredited public or private nonprofit hospital2 7iii7 a ,state1 local1 or tribal health department2 or 7iv7 a consortium of #b or more of the entities described in clause 7i7 or 7ii72 7,b7 submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require2 and 7,c7 demonstrate a capacity to perform the duties described in paragraph 7#c74 7#c7 ,duties ,an entity that receives a grant under paragraph 7#b7 shall-- 7,a7 plan1 develop1 or design an integrative medicine curriculum that can be incorporated into an accredited residency training program in specialties1 including family medicine1 internal medicine1 pediatrics1 and obstetrics and gynecology1 physical medicine and rehabilitation and psychiatry2 7,b7 provide technical assistance to the network of grantees under subsection 7b72 7,c7 develop1 administer1 and coordinate the network of grantees under such subsection2 7,d7 conduct an evaluation and oversee data collection of integrative medicine training programs2 and 7,e7 develop1 distribute1 and provide educational and faculty development materials and programs to train medical professionals in integrative medicine4 7b7 ,grants ,to incorporate integrative medicine into residency training programs 7#a7 ,in general ,the ,secretary shall award grants to1 or enter into contracts with1 eligible entities to develop graduate medical education training programs in integrative medicine4 7#b7 ,eligibility ,to be eligible to receive a grant or contract under paragraph 7#a7 an entity shall-- 7,a7 operate an accredited medical residency program2 and 7,b7 submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,use of funds ,amounts received under a grant or contract under this subsection shall be used to incorporate curriculum in integrative medicine into residency programs to enhance teaching in prevention and wellness and to work collaboratively with other grantees and the national coordinating center to evaluate outcomes and best practices in teaching ,integrative ,medicine4 7c7 ,definition ,in this section1 the term integrative medicine means the integration of alternative treatment1 diagnostic and prevention systems1 modalities1 and disciplines with the practice of conventional medicine as a complement to such medicine and into health care delivery systems in the ,united ,states4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section1 such sums as may be necessary for each of fiscal years #bjad through #bjah4 4 ,v ,research #eja4 ,national consortium on breastfeeding research 7a7 ,establishment ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,national ,institutes of ,health1 shall establish a national consortium on breastfeeding research 7referred to in this section as the consortium71 to be composed of researchers determined appropriate by the ,secretary1 in consultation with the ,director1 to-- 7#a7 assist in overcoming the limitations faced by researchers in designing breastfeeding studies2 7#b7 increase the generalizability of research on breastfeeding2 7#c7 assist in prioritizing key breastfeeding research areas2 7#d7 enable the performance of expanded and advanced breastfeeding research2 and 7#e7 foster the timely translation of such research into practice4 7b7 ,requirements ,the consortium shall seek to-- 7#a7 standardize definitions of specific terms and measures used to classify the variables used in research on breastfeeding2 7#b7 promote the use of the definitions standardized under paragraph 7#a72 7#c7 identify ethical study designs that would expand the knowledge that has been generated from observational breastfeeding studies2 7#d7 develop and update national agendas for surveillance and research on topics related to breastfeeding and infant nutrition2 7#e7 spearhead funding strategies to help accomplish the agenda developed by the consortium2 7#f7 facilitate communication among researchers2 and 7#g7 promote the dissemination of research findings and monitor the translation of research into best practices4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 such sums as may be necessary for each of the fiscal years #bjad through #bjah4 #ejb4 ,national assessment of mental health needs ,title ,v of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;aa et seq47 is amended by inserting after section #ejf;,b 7#db ,u4,s4,c4 #bij;aa-#e;b7 the following3 #ejf;,c4 ,national assessment of mental health needs 7a7 ,in general ,the ,secretary1 in consultation with the ,administrator1 the ,director of the ,centers for ,disease ,control and ,prevention and the ,director of the ,national ,institutes of ,health1 shall establish and implement public health monitoring measures to address the mental health and substance use disorder status of the population of the ,united ,states and other populations served by the ,administration1 that include-- 7#a7 monitoring the mental health status of the population1 including the incidence and prevalence of mental health conditions and substance use disorders across the lifespan2 7#b7 monitoring access to appropriate diagnostic and treatment services for mental health conditions and substance use disorders1 including trends in unmet need for services2 7#c7 monitoring mental health conditions as risk factors for obesity and chronic diseases to the extent practicable2 7#d7 enhancing existing public health monitoring systems by including measures assessing mental health and substance use disorders and associated risk factors2 and 7#e7 to the extent practicable1 monitoring the immediate and long-term impact of disasters or catastrophic events1 whether natural or man-made on the mental health of affected populations4 7b7 ,distinguishing among age groups ,in designing and implementing the measures described in subsection 7a7 the ,secretary shall ensure that data collection and reporting standards stratify data by age groups1 in particular1 to the extent practicable1 children under the age of #e years4 7c7 ,report ,not later than #a year after the date of enactment of this section1 the ,secretary shall submit a report to ,congress that describes the progress on the implementation of the monitoring measures described in subsection 7a74 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section such sums as may be necessary to carry out this section for each of fiscal years #bjad through #bjah4 4