I 

111TH CONGRESS 

1ST SESSION H. R. 2044 

To reduce childhood obesity, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2009 

Mrs. LOWEY introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Education and Labor, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To reduce childhood obesity, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Obesity in 

5 Schools Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 

8 (1) It is estimated that 64.5 percent 

9 (119,000,000) of American adults and 15 percent 


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1 (9,000,000) of American children are overweight or 

2 obese. 

3 (2) The prevalence of obesity among children 

4 aged 6 to 11 more than doubled in the past 20 

5 years, going from 7 percent in 1980 to 18.8 percent 

6 in 2004. The rate among adolescents aged 12 to 19 

7 more than tripled, increasing from 5 percent to 17.1 

8 percent. 

9 (3) An estimated 61 percent of overweight 

10 young people have at least 1 additional risk factor 

11 for heart disease, such as high cholesterol or high 

12 blood pressure. In addition, children who are over13 weight are at greater risk for bone and joint prob14 lems, sleep apnea, and social and psychological prob15 lems such as stigmatization and poor self-esteem. 

16 (4) According to the Department of Health and 

17 Human Services, obesity-related illnesses cost this 

18 nation approximately $117,000,000,000 per year in 

19 increased health care costs. This includes 

20 $61,000,000,000 in direct medical costs for treat21 ment of related diseases and $56,000,000,000 in in22 direct costs such as lost productivity. 

23 (5) A report released by Trust for America’s 

24 Health, entitled ‘‘F as in Fat: How Obesity Policies 

25 are Failing in America’’, found that the United 


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1 States does not have an aggressive, coordinated na2 tional strategy needed to address this crisis. 

3 SEC. 3. NATIONAL STRATEGY TO REDUCE CHILDHOOD OBE4 SITY. 

5 The Secretary of Health and Human Services, in co6 operation with State and local governments, Federal agen7 cies, local educational agencies, health care providers, the 

8 research community, and the private sector, shall develop 

9 a national strategy to reduce childhood obesity in the 

10 United States. Such strategy shall— 

11 (1) provide for the reduction of childhood obe12 sity rates by 10 percent by the year 2013; 

13 (2) address both short- and long-term solutions 

14 to reducing the rates of childhood obesity in the 

15 United States; 

16 (3) identify how the Federal Government can 

17 work effectively with State and local governments, 

18 local educational agencies, health care providers, the 

19 research community, the private sector, and other 

20 entities as necessary to implement the strategy; and 

21 (4) include measures to identify and overcome 

22 all obstacles to achieving the goal of reducing child23 hood obesity in the United States. 


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1 SEC. 4. GRANTS TO LOCAL EDUCATIONAL AGENCIES TO 

2 ADOPT WELLNESS POLICIES AND ANTI-OBE3 SITY INITIATIVES. 

4 (a) GRANTS.—The Director of the Centers for Dis5 ease Control and Prevention shall make grants to local 

6 educational agencies to reduce childhood obesity by adopt7 ing wellness policies and anti-obesity initiatives. 

8 (b) USE OF FUNDS.—As a condition on the receipt 

9 of a grant under this section, a local educational agency 

10 shall agree to use the grant to reduce childhood obesity 

11 by adopting wellness policies and anti-obesity initiatives, 

12 which may include one or more of the following: 

13 (1) Strategies to improve the nutritional value 

14 of food served on school campuses. 

15 (2) Innovative ways to incorporate nutrition 

16 education into the curriculum from prekindergarten 

17 through grade 12. 

18 (3) Increased physical activity in during-and19 after-school activities. 

20 (4) Any other measure that, in the determina21 tion of the Director, may provide a significant im22 provement in the health and wellness of children. 

23 (c) COST SHARING.—As a condition on the receipt 

24 of a grant under this section, a local educational agency 

25 shall agree to pay, from funds derived from non-Federal 


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1 sources, not less than 25 percent of the costs of the activi2 ties carried out with the grant. 

3 (d) APPLICATION.—To seek a grant under this sec4 tion, a local educational agency shall submit an application 

5 to the Director at such time, in such manner, and con6 taining such information as the Director may require. 

7 (e) ANNUAL ACCOUNTABILITY REPORT.—As a condi8 tion on the receipt of a grant under this section, a local 

9 educational agency shall agree to submit an annual ac10 countability report to the Director. Each such report shall 

11 include a description of the degree to which the agency, 

12 in using grant funds, has made progress in reducing child13 hood obesity. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—To carry 

15 out this section, there is authorized to be appropriated 

16 $20,000,000 for each of fiscal years 2010 through 2013. 

17 SEC. 5. EVALUATION OF PROGRAMS FOR THE PREVENTION 

18 OF OBESITY IN CHILDREN AND ADOLES19 CENTS. 

20 (a) IN GENERAL.—For the purpose described in sub21 section (b), the Director shall (directly or through grants 

22 or contracts awarded to public or nonprofit private enti23 ties) arrange for the evaluation of a wide variety of exist24 ing programs designed in whole or in part to prevent obe25 sity in children and adolescents, including programs that 


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1 do not receive grants from the Federal Government for 

2 operation. 

3 (b) PURPOSE.—The purpose of the evaluation under 

4 this section shall be to determine the following: 

5 (1) The effectiveness of programs in reducing 

6 obesity in children and adolescents. 

7 (2) The factors contributing to the effectiveness 

8 of the programs. 

9 (3) The feasibility of replicating the programs 

10 in other locations. 

11 (c) REPORT.—Not later than 18 months after the 

12 date of the enactment of this Act, the Director shall sub13 mit a report to the Congress on the results of the evalua14 tion under this section. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

16 out this section, there is authorized to be appropriated 

17 $5,000,000 for each of fiscal years 2010 through 2013. 

18 SEC. 6. HEALTHY LIVING AND WELLNESS COORDINATING 

19 COUNCILS. 

20 (a) GRANTS.—The Director shall make grants on a 

21 competitive basis to State governments, local governments, 

22 and consortia of local governments to reduce childhood 

23 obesity through— 

24 (1) establishing or expanding healthy living and 

25 wellness coordinating councils; and 


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1 (2) supporting regional workshops. 

2 (b) USES OF FUNDS.—As a condition on the receipt 

3 of a grant under this section, an entity shall agree to use 

4 the grant to carry out one or more of the following: 

5 (1) Establishing a healthy living and wellness 

6 coordinating council. 

7 (2) Expanding the activities of a healthy living 

8 and wellness coordinating council, including by im9 plementing State-based or region-wide activities that 

10 will reduce the rates of childhood obesity. 

11 (3) Supporting regional workshops designed to 

12 permit educators, administrators, health care pro13 viders, and other relevant parties to share successful 

14 research-based strategies for increasing healthy liv15 ing and reducing obesity in elementary and sec16 ondary schools. 

17 (c) COUNCIL REQUIREMENTS.—In this section, the 

18 term ‘‘healthy living and wellness coordinating council’’ 

19 means an organization that— 

20 (1) is charged by a State government, a local 

21 government, or a consortium of local governments, 

22 as applicable, to increase healthy living and reduce 

23 obesity in elementary and secondary schools; and 

24 (2) is composed of educators, administrators, 

25 health care providers, and other relevant parties. 


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1 (d) COST SHARING.—As a condition on the receipt 

2 of a grant under this section, an entity shall agree to pay, 

3 from funds derived from non-Federal sources, not less 

4 than 25 percent of the costs of the activities carried out 

5 with the grant. 

6 (e) ANNUAL ACCOUNTABILITY REPORT.—As a condi7 tion on the receipt of a grant under this section, an entity 

8 shall agree to submit an annual accountability report to 

9 the Director. Each such report shall include a description 

10 of the degree to which the entity, in using grant funds, 

11 has made progress in increasing healthy living and reduc12 ing obesity in elementary and secondary schools. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—To carry 

14 out this section, there is authorized to be appropriated 

15 $10,000,000 for each of fiscal years 2010 through 2013. 

16 SEC. 7. DEFINITIONS. 

17 In this Act: 

18 (1) The term ‘‘Director’’ means the Director of 

19 the Centers for Disease Control and Prevention. 

20 (2) The term ‘‘local educational agency’’ has 

21 the meaning given to that term in section 9101 of 

22 the Elementary and Secondary Education Act of 

23 1965 (20 U.S.C. 7801). 

Æ 


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