I 

111TH CONGRESS 

1ST SESSION H. R. 3894 

To amend the Public Health Service Act to authorize a community-based 

overweight and obesity prevention program. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 21, 2009 

Mrs. DAHLKEMPER introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to authorize a 

community-based overweight and obesity prevention program. 

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

3 SECTION 1. COMMUNITY-BASED OVERWEIGHT AND OBE4 SITY PREVENTION PROGRAM. 

5 Part Q of title III (42 U.S.C. 280h et seq.) is amend6 ed by inserting after section 399W the following: 

7 ‘‘SEC. 399W–1. COMMUNITY-BASED OVERWEIGHT AND OBE8 SITY PREVENTION PROGRAM. 

9 ‘‘(a) PROGRAM.—The Secretary shall establish a 

10 community-based overweight and obesity prevention proVerDate Nov 24 2008 23:16 Oct 21, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3894.IH H3894

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1 gram consisting of awarding grants and contracts under 

2 subsection (b). 

3 ‘‘(b) GRANTS.—The Secretary shall award grants to, 

4 or enter into contracts with, eligible entities— 

5 ‘‘(1) to plan evidence-based programs for the 

6 prevention of overweight and obesity among children 

7 and their families through improved nutrition and 

8 increased physical activity; or 

9 ‘‘(2) to implement such programs. 

10 ‘‘(c) ELIGIBILITY.—To be eligible for a grant or con11 tract under subsection (b), an entity shall be a community 

12 partnership that demonstrates community support and in13 cludes— 

14 ‘‘(1) a broad cross section of stakeholders, such 

15 as— 

16 ‘‘(A) hospitals, health care systems, com17 munity health centers, or other health care pro18 viders; 

19 ‘‘(B) universities, local educational agen20 cies, or childcare providers; 

21 ‘‘(C) State, local, and tribal health depart22 ments; 

23 ‘‘(D) State, local, and tribal park and 

24 recreation departments; 

25 ‘‘(E) employers; and 


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1 ‘‘(F) health insurance companies; 

2 ‘‘(2) residents of the community; and 

3 ‘‘(3) representatives of public and private enti4 ties that have a history of working within and serv5 ing the community. 

6 ‘‘(d) PERIOD OF AWARDS.— 

7 ‘‘(1) IN GENERAL.—The period of a grant or 

8 contract under this section shall be 5 years, subject 

9 to renewal under paragraph (2). 

10 ‘‘(2) RENEWAL.—At the end of each fiscal year, 

11 the Secretary may renew a grant or contract award 

12 under this section only if the grant or contract re13 cipient demonstrates to the Secretary’s satisfaction 

14 that the recipient has made appropriate, measurable 

15 progress in preventing overweight and obesity. 

16 ‘‘(e) REQUIREMENTS.— 

17 ‘‘(1) IN GENERAL.—The Secretary may award 

18 a grant or contract under this section to an entity 

19 only if the entity demonstrates to the Secretary’s 

20 satisfaction that— 

21 ‘‘(A) not later than 90 days after receiving 

22 the grant or contract, the entity will establish 

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1 ments to, the entity’s program funded through 

2 the grant or contract; and 

3 ‘‘(B) the entity has conducted or will con4 duct an assessment of the overweight and obe5 sity problem in its community, including the ex6 tent of the problem and factors contributing to 

7 the problem. 

8 ‘‘(2) MATCHING REQUIREMENT.—The Sec9 retary may award a grant or contract to an eligible 

10 entity under this section only if the entity agrees to 

11 provide, from non-Federal sources, an amount equal 

12 to $1 (in cash or in kind) for each $9 provided 

13 through the grant or contract to carry out the activi14 ties supported by the grant or contract. 

15 ‘‘(3) PAYOR OF LAST RESORT.—The Secretary 

16 may award a grant or contract under this section to 

17 an entity only if the entity demonstrates to the satis18 faction of the Secretary that funds received through 

19 the grant or contract will not be expended for any 

20 activity to the extent that payment has been made, 

21 or can reasonably be expected to be made— 

22 ‘‘(A) under any insurance policy; 

23 ‘‘(B) under any Federal or State health 

24 benefits program (including titles XIX and XXI 

25 of the Social Security Act); or 


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1 ‘‘(C) by an entity which provides health 

2 services on a prepaid basis. 

3 ‘‘(4) MAINTENANCE OF EFFORT.—The Sec4 retary may award a grant or contract under this sec5 tion to an entity only if the entity demonstrates to 

6 the satisfaction of the Secretary that— 

7 ‘‘(A) funds received through the grant or 

8 contract will be expended only to supplement, 

9 and not supplant, non-Federal and Federal 

10 funds otherwise available to the entity for the 

11 activities to be funded through the grant or 

12 contract; and 

13 ‘‘(B) with respect to such activities, the en14 tity will maintain expenditures of non-Federal 

15 amounts for such activities at a level not less 

16 than the lesser of such expenditures maintained 

17 by the entity for the fiscal year preceding the 

18 fiscal year for which the entity receives the 

19 grant or contract. 

20 ‘‘(f) PREFERENCES.—In awarding grants and con21 tracts under this section, the Secretary shall give pref22 erence to eligible entities that— 

23 ‘‘(1) will serve communities with high levels of 

24 overweight and obesity and related chronic diseases; 

25 or 


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1 ‘‘(2) will plan or implement activities for the 

2 prevention of overweight and obesity in school or 

3 workplace settings. 

4 ‘‘(g) REPORT.—The Secretary shall submit to the 

5 Congress an annual report on the program of grants and 

6 contracts awarded under this section. 

7 ‘‘(h) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘evidence-based’ means that 

9 methodologically sound research has demonstrated a 

10 beneficial health effect in the judgment of the Sec11 retary and includes the Ways to Enhance Children’s 

12 Activity and Nutrition (We Can) program and cur13 riculum of the National Institutes of Health. 

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

15 the meaning given to the term in section 9101 of the 

16 Elementary and Secondary Education Act of 1965. 

17 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—To 

18 carry out this section, there are authorized to be appro19 priated $10,000,000 for fiscal year 2011 and such sums 

20 as may be necessary for each of fiscal years 2012 through 

21 2015.’’. 

Æ 


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