I 

111TH CONGRESS 

1ST SESSION H. R. 4053 

To establish the Office of Childhood Overweight and Obesity Prevention 

and Treatment within the Office of Public Health and Science of the 

Department of Health and Human Services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 6, 2009 

Mr. MORAN of Virginia (for himself and Mr. PASCRELL) 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 establish the Office of Childhood Overweight and Obesity 

Prevention and Treatment within the Office of Public 

Health and Science of the Department of Health and 

Human Services, 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 ‘‘Healthy Kids Act’’. 

5 SEC. 2. FINDINGS. 

6 The Congress finds the following: 


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1 (1) Over the past 3 decades, the rate of obesity 

2 has more than doubled for children aged 2 to 11 

3 years and more than tripled for adolescents aged 12 

4 to 19 years according to the Centers for Disease 

5 Control and Prevention. 

6 (2) Current data from the Centers for Disease 

7 Control and Prevention shows that 32 percent of 

8 children are overweight, 16 percent are obese, and 

9 11 percent are extremely obese. 

10 (3) In low-income populations, some racial and 

11 ethnic groups, and among recent immigrants, the 

12 rates of obesity among children and youth are 

13 alarmingly high. 

14 (4) Overweight and obese children are at much 

15 greater risk of developing diabetes, heart disease, 

16 high blood pressure, asthma, and other diseases than 

17 their non-obese peers, and many are subjected to 

18 ridicule and bullying that damages their emotional 

19 well-being. 

20 (5) Overweight and obese children are at risk of 

21 growing into adults who do not participate fully in 

22 the workforce because of employment discrimination, 

23 lost productivity due to illness and disability, and 

24 premature death. 


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1 (6) In 2008, national health care expenditures 

2 associated with adult overweight and obesity exceed3 ed $100,000,000,000. 

4 (7) Many factors contribute to the childhood 

5 obesity epidemic, including eating patterns, family 

6 dynamics, economic situations, levels of physical ac7 tivity, and the influence of media messages. 

8 (8) Research shows that current food and bev9 erage marketing practices influence children and 

10 youth to make choices that are not in keeping with 

11 healthful diets, and agreement on effective voluntary 

12 industry standards has not been reached. 

13 (9) Family plays an important role in society 

14 and is widely recognized as important in shaping 

15 and establishing children’s attitudes and behaviors 

16 about nutrition. 

17 (10) Family and consumer sciences education 

18 programs can address nutrition, fitness, and positive 

19 lifestyle choices as an integral part of the cur20 riculum. Positive health attitudes and habits are the 

21 foundation for successful management of daily living 

22 and therefore prepare young people to manage the 

23 multiple roles of family member, wage earner, and 

24 community leader. 


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1 (11) Existing State immunization and health 

2 registries present a unique opportunity to create 

3 State and national childhood body mass index sur4 veillance systems. Because all 50 States currently 

5 maintain childhood immunization tracking systems, 

6 using such systems to track childhood obesity data 

7 is an effective, efficient basis for building a national 

8 childhood obesity surveillance system. 

9 (12) Health screenings under the Medicaid and 

10 SCHIP programs are important tools for preventing 

11 overweight and obesity, and follow-up counseling and 

12 treatment must be available to children suffering 

13 from or at risk for these conditions. 

14 (13) Childhood obesity is a public health crisis 

15 that will not be solved without the full support of the 

16 Government. 

17 (14) To address this crisis, it is necessary to co18 ordinate the budgets, policies, programs, and re19 search efforts of Federal agencies and to establish 

20 effective interdepartmental collaboration and prior21 ities for action, paying particular attention to the 

22 unique needs of diverse groups and high-risk popu23 lations. 


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1 SEC. 3. FTC REVIEW OF ADVERTISING AND MARKETING OF 

2 UNHEALTHY FOODS AND BEVERAGES. 

3 (a) DETERMINATION.—Not later than 3 years after 

4 the issuance of guidelines by the Office of Childhood Over5 weight and Obesity Prevention and Treatment described 

6 in section 1711(b)(7) of the Public Health Service Act, 

7 the Federal Trade Commission shall— 

8 (1) promulgate rules that define advertising, 

9 promoting, and marketing directed at children and 

10 youth including— 

11 (A) the age of the intended audience; and 

12 (B) the medium used to convey such ad13 vertising, promoting, or marketing; and 

14 (2) promulgate rules under section 553 of title 

15 5, United States Code, consistent with the guidelines 

16 issued by the Office of Childhood Overweight and 

17 Obesity Prevention and Treatment described in sec18 tion 1711(b)(7) of the Public Health Service Act, 

19 specifying categories of foods and beverages for or 

20 about which any advertisement, promotion, or mar21 keting directed at children and youth shall be an 

22 abusive, unfair, or deceptive act or practice in or af23 fecting commerce. 

24 (b) VIOLATION.—A violation of a rule promulgated 

25 under subsection (a)(2) shall be treated as a violation of 

26 a rule defining an unfair or deceptive act or practice preVerDate Nov 24 2008 04:12 Nov 08, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4053.IH H4053

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1 scribed under section 18(a)(1)(B) of the Federal Trade 

2 Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal 

3 Trade Commission shall enforce this section in the same 

4 manner, by the same means, and with the same jurisdic5 tion as though all applicable terms and provisions of the 

6 Federal Trade Commission Act were incorporated into and 

7 made a part of this section. 

8 (c) REPEAL.—Section 18(h) of the Federal Trade 

9 Commission Act (15 U.S.C. 57a(h)) is repealed. 

10 (d) CONFORMING AMENDMENTS.—Subsections (i) 

11 and (j) of section 18 of the Federal Trade Commission 

12 Act (15 U.S.C. 57a) are redesignated as subsections (h) 

13 and (i), respectively. 

14 SEC. 4. FCC LIMITS ON ADVERTISING UNHEALTHY FOODS 

15 AND BEVERAGES DURING CHILDREN’S PRO16 GRAMMING. 

17 Section 102 of the Children’s Television Act of 1990 

18 (47 U.S.C. 303a) is amended— 

19 (1) by redesignating subsection (d) as sub20 section (e); and 

21 (2) by inserting after subsection (c) the fol22 lowing new subsection: 

23 ‘‘(d) LIMITATION ON ADVERTISING FOODS AND BEV24 ERAGES OF LOW NUTRITIONAL VALUE TO CHILDREN.— 


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1 ‘‘(1) IN GENERAL.—Not later than 30 days 

2 after the issuance of guidelines by the Office of 

3 Childhood Overweight and Obesity Prevention and 

4 Treatment as required by section 1711(b)(7) of the 

5 Public Health Service Act, the Commission shall ini6 tiate a proceeding to revise its regulations with re7 spect to commercial matter in children’s television 

8 programming for the purpose of limiting the amount 

9 of time devoted to advertising foods and beverages 

10 of low nutritional value. 

11 ‘‘(2) RULE CONTENTS.—In carrying out the 

12 proceeding under paragraph (1), the Commission 

13 shall, at a minimum— 

14 ‘‘(A) prohibit the showing of any advertise15 ments during or adjacent to children’s television 

16 programming for foods or beverages classified 

17 as Tier 3 under guidelines issued under such 

18 section; 

19 ‘‘(B) limit the amount of time devoted to 

20 advertisements during or adjacent to children’s 

21 television programming for foods or beverages 

22 classified as Tier 2 under such guidelines to 2 

23 minutes per hour on weekends and 3 minutes 

24 per hour on weekdays; and 


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1 ‘‘(C) apply such prohibitions and limita2 tions to commercial television broadcast licens3 ees and to direct broadcast satellite (DBS) pro4 viders, as defined in section 25.701(a) of the 

5 Commission’s rules (47 CFR 25.701(a)). 

6 ‘‘(3) DEADLINE.—The Commission shall take 

7 all actions necessary to complete the proceeding re8 quired under paragraph (1) within 120 days after 

9 the initiation of such proceeding.’’. 

10 SEC. 5. OFFICE OF CHILDHOOD OVERWEIGHT AND OBESITY 

11 PREVENTION AND TREATMENT. 

12 Title XVII of the Public Health Service Act (42 

13 U.S.C. 300u et seq.) is amended by adding at the end 

14 the following new section: 

15 ‘‘SEC. 1711. OFFICE OF CHILDHOOD OVERWEIGHT AND OBE16 SITY PREVENTION AND TREATMENT. 

17 ‘‘(a) ESTABLISHMENT.—There is established within 

18 the Office of Public Health and Science of the Department 

19 of Health and Human Services an office to be known as 

20 the Office of Childhood Overweight and Obesity Preven21 tion and Treatment (in this section referred to as the ‘Of22 fice’), which shall be headed by a director appointed by 

23 the Secretary (in this section referred to as the ‘Director’). 

24 ‘‘(b) DUTIES.—The Secretary, acting through the Di25 rector, shall carry out the following: 


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1 ‘‘(1) Evaluate the policies, programs, and ac2 tions of each Federal agency to identify— 

3 ‘‘(A) existing evidence-based policies, pro4 grams, and actions that are effective in pre5 venting childhood obesity; and 

6 ‘‘(B) opportunities for each Federal agency 

7 to develop new age- and developmentally-appro8 priate evidence-based policies, programs, and 

9 actions to prevent childhood obesity. 

10 ‘‘(2) Expand Federal data collection and sur11 veillance systems to monitor— 

12 ‘‘(A) the prevalence of childhood obesity 

13 and co-morbidities; 

14 ‘‘(B) dietary behaviors, physical activity 

15 levels, and sedentary behaviors of children and 

16 youth; and 

17 ‘‘(C) the effectiveness of existing public 

18 and private sector policies, programs, and ac19 tions in preventing childhood obesity, including 

20 local wellness policies under section 204 of the 

21 Child Nutrition and WIC Reauthorization Act 

22 of 2004 (42 U.S.C. 1751 note). 

23 ‘‘(3) Implement Federal support measures, in24 cluding grants, to increase the capacity of State, 

25 tribal, and territorial health departments to— 


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1 ‘‘(A) provide leadership and technical as2 sistance in preventing and treating childhood 

3 obesity; 

4 ‘‘(B) enhance surveillance efforts, including 

5 support for the development of health registries, 

6 immunization information systems, or other 

7 child health information systems that may be 

8 used to monitor local rates of childhood obesity 

9 and co-morbidities; and 

10 ‘‘(C) implement obesity prevention and 

11 treatment programs and evaluate such pro12 grams to establish best practices. 

13 ‘‘(4) Implement a coordinated, comprehensive, 

14 long-term, and national multimedia public education 

15 campaign focused on preventing childhood obesity 

16 and evaluate the effectiveness of such public edu17 cation campaign. 

18 ‘‘(5) Promote the adoption of and describe and 

19 evaluate barriers to the implementation of Federal 

20 standards and guidelines for age-appropriate nutri21 tion and wellness practices and physical activity pro22 grams for all students. 

23 ‘‘(6) Evaluate the effectiveness of Federal agri24 cultural policies (including agricultural subsidies, 

25 commodity programs, and programs to promote 


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1 farmers markets and community food projects in 

2 areas with limited access to affordable and nutri3 tious food) at making a diet consistent with the Die4 tary Guidelines for Americans published jointly by 

5 the Department of Health and Human Services and 

6 the Department of Agriculture affordable and avail7 able to Americans at all economic levels. 

8 ‘‘(7) Within 2 years after the date of the enact9 ment of this section, for purposes of encouraging 

10 healthful eating patterns in children and adolescents 

11 and improving children’s and adolescents’ under12 standing of their nutritional needs— 

13 ‘‘(A) in consultation with the Secretary of 

14 Agriculture, and with reference to recommenda15 tions by the Institute of Medicine of the Na16 tional Academies, identify the following cat17 egories of foods and beverages— 

18 ‘‘(i) Tier 1 foods and beverages, which 

19 are healthful for children and adolescents 

20 and the consumption of which is encour21 aged; 

22 ‘‘(ii) Tier 2 foods and beverages, 

23 which do not exceed levels of total, satu24 rated, and trans fat, sugars, and sodium 


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1 that are acceptable in a healthful diet for 

2 children and adolescents; and 

3 ‘‘(iii) Tier 3 foods and beverages, 

4 which do not contribute to a healthful diet 

5 for children and adolescents and the con6 sumption of which is discouraged; and 

7 ‘‘(B) in consultation with the Chairman of 

8 the Federal Trade Commission and the Chair9 man of the Federal Communications Commis10 sion, for each category of foods and beverages 

11 described in subparagraph (A), develop and 

12 publish guidelines applicable to the marketing, 

13 advertising, or promoting of such foods and 

14 beverages to children and adolescents that sup15 port the purposes of this paragraph, taking into 

16 account— 

17 ‘‘(i) the emotional vulnerability of 

18 children and adolescents and their cog19 nitive ability to distinguish between com20 mercial and non-commercial content; and 

21 ‘‘(ii) society’s interest in protecting 

22 the health and well-being of its children 

23 and the long-term health and well-being of 

24 its population. 


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1 ‘‘(8) In consultation with the National Insti2 tutes of Health, evaluate existing research and iden3 tify and initiate further research as necessary in pe4 diatric obesity prevention by examining— 

5 ‘‘(A) factors involved in changing dietary 

6 behaviors, physical activity levels, and sedentary 

7 behaviors, including factors to motivate changes 

8 in behavior; 

9 ‘‘(B) factors that influence nutrition and 

10 wellness practices across an individual’s life 

11 span; 

12 ‘‘(C) strategies to reinforce and sustain im13 proved behavior; 

14 ‘‘(D) barriers to behavioral change; 

15 ‘‘(E) specific ethnic and cultural influences 

16 on behavioral change; 

17 ‘‘(F) policy, environmental, social, clinical, 

18 and behavioral interventions that focus on— 

19 ‘‘(i) reducing and preventing an in20 crease in obesity prevalence; 

21 ‘‘(ii) improving dietary behaviors; 

22 ‘‘(iii) increasing the accessibility of 

23 healthy, affordable foods in communities; 

24 ‘‘(iv) increasing physical activity lev25 els, including an assessment of the impact 


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1 of changes to the built environment (the 

2 man-made physical structures and infra3 structure of communities) on the levels of 

4 physical activity in communities and popu5 lations; and 

6 ‘‘(v) reducing sedentary behaviors; 

7 ‘‘(G) the feasibility, efficacy, effectiveness, 

8 and sustainability of intervention approaches; 

9 ‘‘(H) the ways in which the marketing of 

10 foods, beverages, and sedentary entertainment 

11 influence the attitudes and behaviors of children 

12 and youth; 

13 ‘‘(I) whether taxation and pricing strate14 gies can be used to promote improved dietary 

15 behaviors, more physical activity, or reduced 

16 sedentary behaviors; and 

17 ‘‘(J) the effect of exposure to endocrine18 disrupting chemicals, including exposure in 

19 utero, on the initiation or exacerbation of obe20 sity. 

21 ‘‘(9) Make available to local educational agen22 cies, school food authorities, and State educational 

23 agencies information and technical assistance for use 

24 as described in section 204 of the Child Nutrition 

25 and WIC Reauthorization Act of 2004 (42 U.S.C. 


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1 1751 note), as amended by section 6 of the Healthy 

2 Kids Act. 

3 ‘‘(10) Subject to the availability of appropria4 tions provided for such purpose, establish and carry 

5 out the grant program under subsection (c). 

6 ‘‘(c) GRANT PROGRAM.— 

7 ‘‘(1) IN GENERAL.—The Secretary, acting 

8 through the Director, may establish and carry out a 

9 matching grant program to make grants to eligible 

10 entities to— 

11 ‘‘(A) assist the Office— 

12 ‘‘(i) in gathering data regarding child13 hood obesity; and 

14 ‘‘(ii) in implementing a coordinated, 

15 comprehensive, long-term, and national 

16 multimedia public education campaign fo17 cused on preventing childhood obesity; and 

18 ‘‘(iii) in evaluating the effectiveness of 

19 such public education campaign; and 

20 ‘‘(B) carry out demonstration programs to 

21 reduce the incidence of childhood obesity. 

22 ‘‘(2) ELIGIBLE ENTITIES.—For purposes of this 

23 subsection, an ‘eligible entity’ means a— 

24 ‘‘(A) State; 

25 ‘‘(B) unit of general local government; 


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1 ‘‘(C) nonprofit organization with dem2 onstrated experience and focus in childhood 

3 obesity issues, as determined by the Director; 

4 ‘‘(D) a partnership between any combina5 tion of subparagraphs (A) through (C). 

6 ‘‘(3) MATCHING REQUIREMENT.—An eligible 

7 entity that receives a grant under this subsection 

8 shall provide, from non-Federal sources, an amount 

9 equal to 25 percent of such grant award to carry out 

10 the activities under this subsection. Such non-Fed11 eral share may be provided in the form of in-kind 

12 contributions of services or materials. 

13 ‘‘(4) REPORTS.— 

14 ‘‘(A) REPORTS TO THE DIRECTOR.—Not 

15 later than 1 year after receipt of funds from a 

16 grant awarded under this subsection, and for 

17 each fiscal year an entity receives such funding 

18 thereafter, such entity shall submit to the Di19 rector a report on its use of grant funds re20 ceived and such other information as the Direc21 tor may require. 

22 ‘‘(B) REPORTS TO CONGRESS.—Not later 

23 than 2 years after the first disbursement of 

24 funds for a grant awarded under this sub25 section, and annually thereafter, the Secretary, 


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1 acting through the Director, shall submit to 

2 Congress a report on the status of the grant 

3 program under this subsection. 

4 ‘‘(5) LIMITATION ON FUNDS.—Of the amounts 

5 provided through a grant under this subsection, an 

6 eligible entity may use not more than 10 percent for 

7 administrative expenses. 

8 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated to carry out 

10 the grant program under this subsection 

11 $15,000,000 for each of fiscal years 2011 to 2015. 

12 ‘‘(d) EXISTING PROGRAMS.—The Secretary, acting 

13 through the Director, shall carry out the duties under sub14 section (b) in a manner that enhances existing programs 

15 that the Secretary determines are effective. 

16 ‘‘(e) CONSULTATION.—In order to carry out the du17 ties of the Office, the Secretary, acting through the Direc18 tor, shall consult with— 

19 ‘‘(1) experts from the public sector, including— 

20 ‘‘(A) the Director of the Centers for Dis21 ease Control and Prevention; 

22 ‘‘(B) the Secretary of Agriculture; 

23 ‘‘(C) the Secretary of Education; 

24 ‘‘(D) the Secretary of Defense; 

25 ‘‘(E) the Secretary of Interior; 


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1 ‘‘(F) the Secretary of Transportation; 

2 ‘‘(G) the Secretary of Housing and Urban 

3 Development; 

4 ‘‘(H) the Chairman of the Federal Com5 munications Commission; and 

6 ‘‘(I) the Chairman of the Federal Trade 

7 Commission; and 

8 ‘‘(2) experts from the private sector, including 

9 experts in pediatrics, public health, psychology, nu10 trition, sports medicine, or related fields, such as 

11 family and consumer services education. 

12 ‘‘(f) ANNUAL REPORT.—Not later than one year 

13 after the date of the enactment of this section, and annu14 ally thereafter, the Secretary, acting through the Director, 

15 shall submit to Congress a report on the activities of the 

16 Office carried out under this section and any findings, 

17 conclusions, and recommendations based on such activi18 ties. 

19 ‘‘(g) CONSIDERATIONS.—In carrying out this section, 

20 the Secretary, acting through the Director, shall consider 

21 the unique needs of racially and ethnically diverse groups 

22 and high-risk populations, including low-income popu23 lations and communities.’’. 


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1 SEC. 6. LOCAL WELLNESS POLICY. 

2 Subsection (b) of section 204 of the Child Nutrition 

3 and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 

4 note) is amended— 

5 (1) in paragraph (1), by inserting ‘‘and the Of6 fice of Childhood Overweight and Obesity Prevention 

7 and Treatment’’ after ‘‘the Centers for Disease Con8 trol and Prevention’’; and 

9 (2) in paragraph (2)— 

10 (A) by redesignating subparagraphs (B), 

11 (C), and (D) as subparagraphs (C), (D), and 

12 (E), respectively; and 

13 (B) by adding after subparagraph (A) the 

14 following new subparagraph: 

15 ‘‘(B) support schools and local educational 

16 agencies in— 

17 ‘‘(i) communicating with parents on 

18 how nutrition, wellness, and physical activ19 ity affect the health of their child; 

20 ‘‘(ii) implementing nutrition, wellness 

21 practices, and physical activity guidelines; 

22 ‘‘(iii) integrating nutrition and 

23 wellness, family and consumer sciences 

24 education programs, and physical activity 

25 into the overall curriculum; 


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1 ‘‘(iv) offering professional develop2 ment for faculty and staff that includes in3 formation on nutrition and wellness and 

4 physical activity issues; 

5 ‘‘(v) improving the quality of physical 

6 education curricula and increasing the 

7 training of physical education teachers; 

8 and 

9 ‘‘(vi) encouraging healthy eating and 

10 reducing school dependence on profits from 

11 the sale of foods with minimal nutritional 

12 value;’’. 

13 SEC. 7. REGULATIONS. 

14 Section 10 of the Child Nutrition Act of 1966 (42 

15 U.S.C. 1779) is amended— 

16 (1) in subsection (a), by striking ‘‘, including 

17 regulations’’ and all that follows through ‘‘School 

18 Lunch Act’’; and 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘The regulations’’ and all 

21 that follows through ‘‘if’’ and inserting ‘‘The 

22 Secretary shall prescribe regulations relating to 

23 the service of foods and beverages in partici24 pating schools and service institutions in com25 petition with the programs authorized under 


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1 this Act and the Richard B. Russell National 

2 School Lunch Act (42 U.S.C. 1751 et seq.). 

3 Such regulations shall require that’’; and 

4 (B) by striking the period at the end and 

5 inserting the following: ‘‘and shall, based on the 

6 categories identified pursuant to section 

7 1711(b)(7)(A) of the Public Health Service 

8 Act— 

9 ‘‘(1) identify Tier 1 foods and beverages, which 

10 are healthful for children and the consumption of 

11 which is encouraged, and provide that such foods 

12 and beverages may be offered throughout the school 

13 day at all school levels; 

14 ‘‘(2) identify Tier 2 foods and beverages, which 

15 do not exceed an acceptable level of total, saturated, 

16 and trans fat, sugars, and sodium, and provide that 

17 such foods and beverages may be made available 

18 only at limited times of the day at specified school 

19 levels; and 

20 ‘‘(3) identify Tier 3 foods and beverages, which 

21 do not contribute to a healthful diet for children and 

22 adolescents, and provide that such foods and bev23 erages may not be made available during the school 

24 day or at after-school activities for students, except 

25 that the local wellness policy required by section 204 


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1 of the Child Nutrition and WIC Reauthorization Act 

2 of 2004 (42 U.S.C. 1751 note) may allow such foods 

3 and beverages to be offered at occasional events au4 thorized by the school, such as celebrations, special 

5 fundraising events, and after school activities.’’. 

6 SEC. 8. EARLY AND PERIODIC SCREENING, DIAGNOSTIC, 

7 AND TREATMENT SERVICES. 

8 (a) IN GENERAL.—Section 1905(r) of the Social Se9 curity Act (42 U.S.C. 1396d) is amended— 

10 (1) by redesignating paragraph (5) as para11 graph (6); and 

12 (2) by adding after paragraph (4) the following 

13 new paragraph: 

14 ‘‘(5) Obesity prevention, nutritional counseling, 

15 and other services for obesity— 

16 ‘‘(A) which are provided— 

17 ‘‘(i) at intervals which meet reason18 able standards of medical practice, as de19 termined by the State after consultation 

20 with recognized medical organizations in21 volved in child health care; and 

22 ‘‘(ii) at such other intervals indicated 

23 as medically necessary; and 

24 ‘‘(B) which shall at a minimum include nu25 tritional counseling and treatment for obesity.’’. 


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1 (b) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendment made by subsection 

4 (a)(2) shall apply to medical assistance furnished on 

5 or after January 1, 2010. 

6 (2) EXCEPTION FOR STATE LEGISLATION.—In 

7 the case of a State plan under title XIX of the So8 cial Security Act, which the Secretary of Health and 

9 Human Services determines requires State legisla10 tion in order for the plan to meet the additional re11 quirement imposed by the amendment made by sub12 section (a)(2), the State plan shall not be regarded 

13 as failing to comply with the requirement of such 

14 title solely on the basis of its failure to meet such 

15 additional requirement before the first day of the 

16 first calendar quarter beginning after the close of 

17 the first regular session of the State legislature that 

18 begins after the date of enactment of this Act. For 

19 purposes of the previous sentence, in the case of a 

20 State that has a 2-year legislative session, each year 

21 of the session shall be considered to be a separate 

22 regular session of the State legislature. 

23 SEC. 9. REQUIRING COVERAGE OF EPSDT SERVICES UNDER 

24 SCHIP. 

25 (a) ADDITIONAL REQUIRED SERVICES.— 


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1 (1) REQUIRED COVERAGE OF EPSDT SERV2 ICES.—Section 2103(c) of the Social Security Act 

3 (42 U.S.C. 1397cc(c)) is amended— 

4 (A) by redesignating paragraphs (7) and 

5 (8) as paragraphs (8) and (9), respectively; and 

6 (B) by inserting after paragraph (6), the 

7 following: 

8 ‘‘(7) EPSDT OBESITY TREATMENT SERV9 ICES.—The child health assistance provided to a tar10 geted low-income child shall include coverage of 

11 early and periodic screening, diagnostic, and treat12 ment services described in section 1905(r)(5) and 

13 provided in accordance with section 1902(a)(43).’’. 

14 (2) CONFORMING AMENDMENT.—Section 

15 2103(a) (42 U.S.C. 1397cc(a)) is amended, in the 

16 matter preceding paragraph (1), by striking ‘‘para17 graphs (5), (6), and (7)’’ and inserting ‘‘paragraphs 

18 (5), (6), (7), and (8)’’. 

19 (b) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the amendment made by subsection 

22 (a)(1)(B) shall apply to child health assistance fur23 nished on or after January 1, 2010. 

24 (2) EXCEPTION FOR STATE LEGISLATION.—In 

25 the case of a State child health plan under title XXI 


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1 of the Social Security Act, which the Secretary of 

2 Health and Human Services determines requires 

3 State legislation in order for the plan to meet the 

4 additional requirement imposed by the amendment 

5 made by subsection (a)(1)(B), the State child health 

6 plan shall not be regarded as failing to comply with 

7 the requirements of such title solely on the basis of 

8 its failure to meet such additional requirement be9 fore the first day of the first calendar quarter begin10 ning after the close of the first regular session of the 

11 State legislature that begins after the date of enact12 ment of this Act. For purposes of the previous sen13 tence, in the case of a State that has a 2-year legis14 lative session, each year of the session shall be con15 sidered to be a separate regular session of the State 

16 legislature. 

17 SEC. 10. AUTHORIZATION AND AVAILABILITY OF APPRO18 PRIATIONS. 

19 (a) AUTHORIZATION.—There are authorized to be ap20 propriated such sums as may be necessary to carry out 

21 this Act. 

22 (b) AVAILABILITY.—Amounts appropriated pursuant 

23 to paragraph (1) shall remain available until expended. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS