I 

111TH CONGRESS 

2D SESSION H. R. 6258 

To address childhood obesity, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Ms. FUDGE (for herself, Mr. CAO, Mr. JACKSON of Illinois, Mrs. 

CHRISTENSEN, Mr. RUSH, Mr. PAYNE, Mr. HARE, Mr. FALEOMAVAEGA, 

Mr. DAVIS of Illinois, Mr. HONDA, Ms. ROYBAL-ALLARD, and Ms. CHU) 

introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and 

Labor, Ways and Means, Natural Resources, Agriculture, the Judiciary, 

and Financial Services, 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 address 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 ‘‘Fit for LIFE Act of 

5 2010’’ or the ‘‘Fit for Local Investments in the Future 

6 of Every Child Act of 2010’’. 

7 SEC. 2. TABLE OF CONTENTS. 

8 The table of contents of this Act is as follows: 


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—IMPROVING THE NUTRITIONAL QUALITY OF AND 

ACCESS TO FOODS IN UNDERSERVED AMERICAN COMMUNITIES 

Subtitle A—Nutritional Quality of Foods in Underserved American 

Communities 

Sec. 101. Food swamps: green and healthy corner store initiative. 

Sec. 102. Virtual Farmers Market Program: Making It Easier To Access Food 

from the Farm in the City. 

Sec. 103. Community Gardening Grant Program: Fresh Foods Grown in Our 

Communities by Residents. 

Sec. 104. Study to certify the adequacy of cafeteria equipment for the preparation and storage of foods within the dietary guidelines. 

Subtitle B—Access to Nutritious and Quality Foods in Underserved American 

Communities 

Sec. 111. Food deserts: Addressing the Lack of Supermarkets in Underserved 

Communities. 

Sec. 112. Expansion of the Child Care and Adult Food Care Program to Increase Availability of After School Snacks. 

Sec. 113. Expansion of the Fresh Fruit and Vegetable Program. 

Sec. 114. Expanding Access to the Summer Food Service Program for Children. 

Sec. 115. Grants for expansion of school breakfast programs to improve the 

health and education of children. 

Sec. 116. Study and report on physical activity and nutritional quality of meals 

and snacks served, in juvenile justice facilities. 

Sec. 117. Local food insecurity assessments: assessing the unique nutritional 

needs of local communities. 

Subtitle C—Ensuring a Healthy Start for Children in Underserved American 

Communities 

Sec. 121. Improving Healthy Eating and Physical Activity Among our Youngest Children. 

Sec. 122. Health and fitness school programs: training America’s youth to live 

healthy lifestyles. 

TITLE II—ADVANCING PREVENTATIVE MEASURES AND TREATMENT OF OBESITY IN ADULTS AND CHILDREN IN UNDERSERVED COMMUNITIES 

Sec. 201. Community health and wellness navigators pilot program: connecting 

America’s health professional with our schools. 

Sec. 202. Requirement to expedite national Medicare coverage determinations 

for evidence-based preventive services. 

Sec. 203. Expansion of obesity treatment services under Medicare. 

Sec. 204. Coverage of evidence-based preventive services under Medicaid and 

SCHIP. 

Sec. 205. Coverage of medical nutrition therapy under Medicaid and SCHIP. 

Sec. 206. Clarification of EPSDT inclusion of prevention, screening, and treatment services for obesity and overweight; SCHIP coverage. 

Sec. 207. National commission on child obesity. 


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Sec. 208. GAO report. 

TITLE III—ENCOURAGING PHYSICAL ACTIVITY IN UNDERSERVED 

AMERICAN COMMUNITIES 

Sec. 301. Renovation of foreclosed and abandoned properties to create spaces 

that encourage physical activity in American neighborhoods. 

Sec. 302. National youth sports program revitalization. 

Sec. 303. Expansion of the Zuni Youth Enrichment Project Summer Camp. 

Sec. 304. Making routes to schools in underserved communities safe and accessible with public participation through the Community Oriented 

Policing Services program. 

Sec. 305. Land and Water Conservation Fund Program Grants in Low-Income 

Communities and Expand Tribal Participation. 

Sec. 306. Changing Hearts, Attitudes, and Minds by Participating in Sports 

(CHAMPS) Program. 

Sec. 307. Coordinated School Health Initiatives. 

Sec. 308. Rewarding elementary and secondary schools for outstanding student 

performance in physical fitness programs. 

1 TITLE I—IMPROVING THE NU2 TRITIONAL QUALITY OF AND 

3 ACCESS TO FOODS IN UNDER4 SERVED AMERICAN COMMU5 NITIES 

6 Subtitle A—Nutritional Quality of 

7 Foods in Underserved American 

8 Communities 

9 SEC. 101. FOOD SWAMPS: GREEN AND HEALTHY CORNER 

10 STORE INITIATIVE. 

11 (a) IN GENERAL.—The Secretary of Agriculture shall 

12 carry out a program, to be known as the Green and 

13 Healthy Corner Store Initiative, of awarding grants to 

14 units of general local government, nonprofit organizations, 

15 and tribal governments to assist qualified convenience 

16 stores to expand and sustain their offering of fruits and 

17 vegetables. 


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1 (b) PRIORITY.—In awarding grants under this sec2 tion, the Secretary shall give priority to applicants pro3 posing to provide assistance to qualified convenience stores 

4 in low-income communities. 

5 (c) ASSISTANCE.—Assistance provided to a qualified 

6 convenience store pursuant to this section may include the 

7 following: 

8 (1) Seed money for the purchase of fruits and 

9 vegetables and for equipment needed to sell fruits 

10 and vegetables, such as but not limited to refrig11 erators. 

12 (2) Seed money for converting to energy-saving 

13 equipment, such as but not limited to energy-effi14 cient lighting and refrigerators and a ductless 

15 HVAC system, to minimize the additional energy 

16 costs associated with the refrigeration needed to 

17 stock fruits and vegetables. 

18 (3) Educational tools and information on the 

19 importance of fresh fruits and vegetables. 

20 (4) Simple recipes to assist customers in 

21 healthy food preparation. 

22 (d) REQUIREMENTS FOR CONVENIENCE STORES.— 

23 As a condition on receipt of funds under this section, a 

24 grantee shall agree to ensure that any qualified conven25 ience store receiving assistance through the grant will— 


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1 (1) maintain its expanded offering of fruits and 

2 vegetables for a minimum time to be determined by 

3 the Secretary; 

4 (2) limit the number of its advertisements for 

5 alcoholic beverages and cigarettes and offer at least 

6 an equal amount of advertising for fruits and vege7 tables; 

8 (3) place advertisements for fruits and vegeta9 bles prominently in the front of the store; 

10 (4) advertise that the store is participating in 

11 the Green and Healthy Corner Store Initiative; and 

12 (5) work to partner with rural and urban farm13 ers markets to obtain fruits and vegetables for sale. 

14 (e) COOPERATION AMONG STORES TO DECREASE

15 PRICES.—The Secretary shall encourage grant recipients 

16 under this section to encourage qualified convenience 

17 stores receiving assistance through the grant to combine 

18 efforts with other convenience stores when ordering fruits 

19 and vegetables from distributors in an effort to decrease 

20 the price of such goods. 

21 (f) DEFINITIONS.—In this section: 

22 (1) The term ‘‘Bureau-funded school’’ has the 

23 meaning given to such term in section 1141 of the 

24 Education Amendments of 1978 (25 U.S.C. 2021). 


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1 (2) The terms ‘‘elementary school’’, ‘‘local edu2 cational agency’’, and ‘‘secondary school’’ have the 

3 meanings given to such terms in section 9101 of the 

4 Elementary and Secondary Education Act of 1965 

5 (20 U.S.C. 7801). 

6 (3) The term ‘‘low-income communities’’ in7 cludes— 

8 (A) communities with a high percentage of 

9 children eligible for free and reduced priced 

10 lunches under the Richard B. Russell National 

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

12 and 

13 (B) any other communities determined by 

14 the Secretary to be low-income for purposes of 

15 this section. 

16 (4) The term ‘‘Secretary’’ means the Secretary 

17 of Agriculture. 

18 (5) The term ‘‘qualified convenience store’’ 

19 means a convenience store located within a quarter 

20 mile of an elementary school or a secondary school 

21 that is a public school or a Bureau-funded school. 


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1 SEC. 102. VIRTUAL FARMERS MARKET PROGRAM: MAKING 

2 IT EASIER TO ACCESS FOOD FROM THE FARM 

3 IN THE CITY. 

4 (a) ESTABLISHMENT OF GRANT PROGRAM.—From 

5 the amounts appropriated to carry out this section, the 

6 Secretary of Agriculture shall award grants, on a competi7 tive basis, to eligible entities to enable such entities to 

8 carry out a program that provides access to farmers mar9 kets to communities that are food deserts. 

10 (b) USE OF FUNDS.—An eligible entity receiving a 

11 grant under this section shall use such funds for the fol12 lowing: 

13 (1) Purchasing virtual farmers market software 

14 (including computer kiosks and swipe card stations), 

15 or entering into a contract with an eligible organiza16 tion to develop and maintain the technology nec17 essary, to carry out a virtual farmers market pro18 gram to enable individuals an organizations in com19 munities that are food deserts to order and purchase 

20 fruits and vegetables and other healthy food items 

21 using such technology. 

22 (2) Training staff to— 

23 (A) assist individuals and organizations in 

24 communities that are food deserts to order and 

25 purchase food products under the program de26 scribed in paragraph (1); and 


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1 (B) purchase and order food products 

2 under the program for the eligible entity. 

3 (3) Packaging food products purchased under 

4 the program in manner that makes transportation of 

5 the products possible by foot. 

6 (4) Paying staff to manage the program, and 

7 package and assist in the distribution and delivery 

8 of food products purchased under the program. 

9 (5) Raising public awareness about the pro10 gram. 

11 (6) Developing simple food preparation strate12 gies and menus for customers of the program. 

13 (7) Coordinating with the Secretary of Agri14 culture to develop mechanisms to enable reimburse15 ment under the supplemental nutrition assistance 

16 program established under the Food and Nutrition 

17 Act of 2008 (7 U.S.C. 2011 et seq.) for purchases 

18 made under the program. 

19 (8) Purchasing or rehabilitating buses, includ20 ing buses that were formerly used as school buses, 

21 that may be used to transport to the eligible enti22 ty— 

23 (A) the foods ordered and purchased under 

24 the program using the technology described in 

25 paragraph (1); or 


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1 (B) other fruits and vegetables that meet 

2 the requirements of subsection (e) in order to 

3 provide additional opportunities for individuals 

4 and organizations in communities that are food 

5 deserts to purchase locally grown fruits and 

6 vegetables. 

7 (c) APPLICATION.—In order to receive a grant under 

8 this section, an eligible entity shall submit an application 

9 to the Secretary at such time, in such manner, and con10 taining such information as the Secretary may require. 

11 (d) GRANT AMOUNT.—A grant awarded under this 

12 section may not be greater than $10,000. 

13 (e) LIMITATIONS ON FOOD PURCHASED.—To the ex14 tent practicable, the majority of food purchased under a 

15 virtual farmers market program carried out by an eligible 

16 entity under this section shall be from farmers located 

17 within a 50 mile radius of the site where the food is or18 dered and delivered under the program, except in the case 

19 where the eligible entity demonstrates to the Secretary 

20 that no such farmers exist or that the farmers are not 

21 able to provide a sufficient variety or amount of food for 

22 the purposes of the program. 

23 (f) REPORT.—Not later than 1 year after the first 

24 fiscal year in which funds are appropriated to carry out 

25 this section, the Secretary shall report to Congress on the 


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1 progress made in carrying out programs funded by grants 

2 under this section, including— 

3 (1) the number of individuals served by such 

4 programs and the barriers and opportunities for ad5 ditional such programs; and 

6 (2) how such programs have increased access or 

7 encouraged permanent farmers markets to be estab8 lished near communities that are food deserts. 

9 (g) DEFINITIONS.—In this section— 

10 (1) BUREAU-FUNDED SCHOOL.—The term ‘‘bu11 reau-funded school’’ has the meaning given such 

12 term in section 1146 of the Education Amendments 

13 of 1978 (25 U.S.C. 2026). 

14 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti15 ty’’ means an entity that predominantly serves com16 munities that are food deserts, including— 

17 (A) a local educational agency or bureau18 funded school; 

19 (B) a nonprofit, community-based organi20 zation or entity (including a park and recre21 ation department, recreation center, child care 

22 facility, or senior center); 

23 (C) a convenience store; or 

24 (D) other entity that the Secretaries deem 

25 to be an eligible entity. 


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1 (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi2 ble organization’’ means an organization with exper3 tise in developing and maintaining a virtual farmers 

4 market. 

5 (4) LOCAL EDUCATIONAL AGENCY.—The term 

6 ‘‘local educational agency’’ has the meaning given 

7 such term in section 9101 of the Elementary and 

8 Secondary Education Act of 1965 (20 U.S.C. 7801). 

9 (5) FOOD DESERT.—The term ‘‘food desert’’ 

10 has the meaning given such term in section 7527(a) 

11 of the Food, Conservation, and Energy Act of 2008 

12 (Public Law 110–234). 

13 (6) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Agriculture. 

15 (7) SWIPE CARD STATIONS.—The term ‘‘swipe 

16 card stations’’ shall include support for the use of 

17 electronic benefit transfer cards. 

18 (8) VIRTUAL FARMERS MARKET.—The term 

19 ‘‘virtual farmers market’’ means an online grocery 

20 store that enables individuals to purchase foods from 

21 local farms and distributors. 


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1 SEC. 103. COMMUNITY GARDENING GRANT PROGRAM: 

2 FRESH FOODS GROWN IN OUR COMMUNITIES 

3 BY RESIDENTS. 

4 (a) PROGRAM ESTABLISHED.—From the amounts 

5 appropriated to carry out this section, the Secretary of 

6 Agriculture shall award grants to eligible entities to ex7 pand, establish, or maintain urban and Native American 

8 community gardens. 

9 (b) APPLICATION.—In order to receive a grant under 

10 this section, an eligible entity shall submit to the Secretary 

11 an application at such time, in such manner, and con12 taining such information as the Secretary may require, in13 cluding— 

14 (1) an assurance that priority for hiring for 

15 jobs created by the expansion, establishment, or 

16 maintenance of an urban community garden funded 

17 with a grant received under this section will be given 

18 to individuals who reside in the community where 

19 the garden is located; and 

20 (2) a demonstration that the eligible entity is 

21 committed to providing non-Federal financial or in22 kind support (such as, but not limited to, providing 

23 a water supply) for the community garden for which 

24 the entity receives funds under this section. 

25 (c) DEFINITIONS.—In this section: 


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1 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) a for profit or nonprofit organization; 

4 or 

5 (B) a unit of general local government, or 

6 tribal government, located on tribal land or in 

7 a low-income community. 

8 (2) LOW-INCOME COMMUNITY.—The term ‘‘low9 income community’’ has the meaning given such 

10 term by the Secretary of Agriculture. 

11 (3) UNIT OF GENERAL LOCAL GOVERNMENT.— 

12 The term ‘‘unit of general local government’’ means 

13 any city, county, town, township, parish, village, or 

14 other general purpose political subdivision of a 

15 State. 

16 (4) STATE.—The term ‘‘State’’ includes, in ad17 dition to the several States of the United States, the 

18 Commonwealth of Puerto Rico, the District of Co19 lumbia, the Virgin Islands, Guam, American Samoa, 

20 and the Commonwealth of the Northern Mariana Is21 lands. 


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1 SEC. 104. STUDY TO CERTIFY THE ADEQUACY OF CAFE2 TERIA EQUIPMENT FOR THE PREPARATION 

3 AND STORAGE OF FOODS WITHIN THE DIE4 TARY GUIDELINES. 

5 Not later than 4 years after the date of the enact6 ment of this Act or the Improving Nutrition for America’s 

7 Children Act, whichever occurs first, from the amounts ap8 propriated to carry out this section, the Secretary of Agri9 culture shall— 

10 (1) conduct a study— 

11 (A) on the adequacy of cafeteria equipment 

12 used by schools participating in the school 

13 lunch program established under the Richard 

14 B. Russell National School Lunch Act (42 

15 U.S.C. 1751 et seq.) to store and prepare fruits 

16 and vegetables and other foods that are within 

17 the Dietary Guidelines for Americans published 

18 under section 301 of the National Nutrition 

19 Monitoring and Related Research Act of 1990 

20 (7 U.S.C. 5341); and 

21 (B) on the barriers of the schools in ac22 quiring cafeteria equipment that adequately 

23 stores and prepares such foods; and 

24 (2) transmit a report to Congress on— 

25 (A) the findings of the study; and 


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1 (B) any recommendations based on the 

2 study, including whether any cafeteria equip3 ments should be updated or exchanged. 

4 Subtitle B—Access to Nutritious 

5 and Quality Foods in Under6 served American Communities 

7 SEC. 111. FOOD DESERTS: ADDRESSING THE LACK OF SU8 PERMARKETS IN UNDERSERVED COMMU9 NITIES. 

10 (a) ESTABLISHMENT OF GRANT PROGRAM.—From 

11 the amounts appropriated to carry out this section, the 

12 Secretary of Agriculture shall award grants to local part13 nerships to establish supermarkets that sell fresh fruits 

14 and produce in low-income communities located in food 

15 deserts. 

16 (b) APPLICATION.—In order to receive a grant under 

17 this section, a local partnership shall submit an applica18 tion to the Secretary at such time, in such manner, and 

19 containing such information as the Secretary may require. 

20 (c) USES OF FUNDS.—A local partnership shall use 

21 grant funds received under this section to establish a su22 permarket in a low-income community located in a food 

23 desert and assist the supermarket in carrying out the fol24 lowing activities: 


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1 (1) Selling fresh fruit and produce at a price 

2 comparable to the price of fresh fruits and produce 

3 sold at supermarkets in nearby suburban commu4 nities. 

5 (2) Making the supermarket available for 

6 youth-centered, hands-on educational instruction and 

7 information on healthy cooking and nutrition. 

8 (3) Providing community outreach services to 

9 the low-income community that encourage health 

10 and wellness. 

11 (d) REPORTING.— 

12 (1) LOCAL PARTNERSHIPS.—Not later than 2 

13 years after receiving a grant under this section a 

14 local partnership shall submit a report to the Sec15 retary on the success of the supermarket established 

16 using such funds. 

17 (2) SECRETARY.—Upon receipt of a report 

18 under paragraph (1), the Secretary shall transmit 

19 such report to Congress. 

20 (e) DEFINITIONS.—In this section: 

21 (1) FOOD DESERT.—The term ‘‘food desert’’ 

22 has the meaning given such term in section 7527(a) 

23 of the Food, Conservation, and Energy Act of 2008 

24 (Public Law 110–234). 


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1 (2) LOCAL PARTNERSHIP.—The term ‘‘local 

2 partnership’’ means a partnership between— 

3 (A) a unit of general local government, a 

4 State, or a tribal government; and 

5 (B) a public or private organization. 

6 (3) LOW-INCOME COMMUNITY.—The term ‘‘low7 income community’’ includes a low-income commu8 nity (as such term is defined by the Secretary) lo9 cated in an urban area. 

10 (4) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Agriculture. 

12 (5) SUBURBAN COMMUNITY.—The term ‘‘sub13 urban community’’ has the meaning given such term 

14 by the Secretary. 

15 (6) STATE.—The term ‘‘State’’ includes, in ad16 dition to the several States of the United States, the 

17 Commonwealth of Puerto Rico, the District of Co18 lumbia, the Virgin Islands, Guam, American Samoa, 

19 and the Commonwealth of the Northern Mariana Is20 lands. 

21 (7) SUPERMARKET.—The term ‘‘supermarket’’ 

22 means any establishment under Code 445110 of the 

23 North American Industry Classification System. 

24 (8) UNIT OF GENERAL LOCAL GOVERNMENT.— 

25 The term ‘‘unit of general local government’’ means 


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1 any city, county, town, township, parish, village, or 

2 other general purpose political subdivision of a 

3 State. 

4 SEC. 112. EXPANSION OF THE CHILD CARE AND ADULT 

5 FOOD CARE PROGRAM TO INCREASE AVAIL6 ABILITY OF AFTER SCHOOL SNACKS. 

7 Section 17(r)(5) of the Richard B. Russell National 

8 School Lunch Act (42 U.S.C. 1766(r)(5)) is amended— 

9 (1) by striking ‘‘The Secretary’’ and inserting 

10 the following: 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), the Secretary’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(B) PROGRAM EXPANSION.—Beginning 

15 with the first full school year after the date of 

16 enactment of the Fit for LIFE Act of 2010, the 

17 Secretary shall expand reimbursement under 

18 this subsection for meals served under a pro19 gram to institutions located in any State that 

20 elects to participate under this subsection.’’. 

21 SEC. 113. EXPANSION OF THE FRESH FRUIT AND VEGE22 TABLE PROGRAM. 

23 Section 19 of the Richard B. Russell National School 

24 Lunch Act (42 U.S.C. 1769a) is amended— 


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1 (1) in subsection (a), by inserting ‘‘, secondary 

2 schools, child care centers, and family child care 

3 homes’’ after ‘‘elementary schools’’; 

4 (2) in subsection (b), by inserting ‘‘, center, or 

5 home’’ after each place ‘‘school’’ appears; 

6 (3) in subsection (d)— 

7 (A) in the heading, by inserting ‘‘, CEN8 TERS, OR HOMES’’; 

9 (B) in paragraph (1)— 

10 (i) in the matter preceding subpara11 graph (A), by inserting ‘‘, centers, or 

12 homes’’ after ‘‘schools’’; 

13 (ii) in subparagraph (A), by inserting 

14 ‘‘, center, or home’’ after ‘‘school’’; 

15 (iii) in subparagraph (B), by inserting 

16 ‘‘, centers, or homes’’ after ‘‘schools’’; 

17 (iv) by amending subparagraph (C) to 

18 read as follows:; 

19 ‘‘(C) ensure that each school selected is an 

20 elementary school or secondary school (as such 

21 terms are defined in section 9101 of the Ele22 mentary and Secondary Education Act of 1965 

23 (20 U.S.C. 7801)), each center selected is a 

24 child care center (as such term is defined in 

25 section 399OO of the Public Health Service 


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1 Act), and each home selected is a family child 

2 care home (as such term is defined in section 

3 399OO of the Public Health Service Act).’’; and 

4 (v) in subparagraph (D)— 

5 (I) in the matter preceding clause 

6 (i), by inserting ‘‘, centers, or homes’’ 

7 after ‘‘schools’’; 

8 (II) in clause (i), by inserting ‘‘, 

9 center, or home’’ after ‘‘school’’; and 

10 (III) in clause (ii), by inserting ‘‘, 

11 center, or home’’ after ‘‘as determined 

12 by the school’’; 

13 (C) in paragraph (2), by inserting ‘‘, cen14 ters, or homes’’ after each place ‘‘schools’’ ap15 pears; and 

16 (D) in paragraph (3), by inserting ‘‘, cen17 ters, or homes’’ after each place ‘‘schools’’ ap18 pears; and 

19 (4) in subsection (e), by inserting ‘‘, center, or 

20 home’’ after ‘‘school’’. 

21 SEC. 114. EXPANDING ACCESS TO THE SUMMER FOOD 

22 SERVICE PROGRAM FOR CHILDREN. 

23 Section 13(a) of the Richard B. Russell National 

24 School Lunch (42 U.S.C. 1761(a)) is amended— 


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1 (1) in paragraph (1)(C), by striking ‘‘50 per2 cent’’ and inserting ‘‘40 percent’’; 

3 (2) by repealing paragraph (9); 

4 (3) in paragraph (10)— 

5 (A) in subparagraph (A)— 

6 (i) by striking ‘‘The Secretary’’ and 

7 inserting ‘‘From the amounts appropriated 

8 to carry out this paragraph, the Sec9 retary’’; and 

10 (ii) by striking ‘‘not more than 5’’; 

11 (B) in subparagraph (C), by striking ‘‘fis12 cal year 2006’’ and inserting ‘‘fiscal year 

13 2011’’; 

14 (C) in subparagraph (D)— 

15 (i) by striking ‘‘January 1, 2008’’ and 

16 inserting ‘‘January 1, 2011’’; and 

17 (ii) by striking ‘‘January 1, 2009’’ 

18 and inserting ‘‘January 1, 2012’’; and 

19 (D) by striking subparagraph (E); and 

20 (4) by adding at the end the following: 

21 ‘‘(11) START-UP AND EXPANSION GRANTS.— 

22 From the amounts appropriated to carry out this 

23 paragraph, the Secretary shall award grants to eligi24 ble service institutions in high-poverty districts, as 

25 defined by the Secretary, to assist such institutions 


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1 in participating, or expanding the participation of 

2 such institutions, in the program under this section, 

3 for the purpose of serving additional children under 

4 the program.’’. 

5 SEC. 115. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST 

6 PROGRAMS TO IMPROVE THE HEALTH AND 

7 EDUCATION OF CHILDREN. 

8 The Child Nutrition Act of 1966 (42 U.S.C. 1771 

9 et seq.) is amended by adding at the end the following: 

10 ‘‘SEC. 23. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST 

11 PROGRAMS TO IMPROVE THE HEALTH AND 

12 EDUCATION OF CHILDREN. 

13 ‘‘(a) DEFINITION OF QUALIFYING SCHOOL.—In this 

14 section, the term ‘qualifying school’ means— 

15 ‘‘(1) a school providing elementary or secondary 

16 education where at least 65 percent of the enrolled 

17 students are eligible for free or reduced-price school 

18 lunches under the school lunch program established 

19 under the Richard B. Russell National School Lunch 

20 Act (42 U.S.C. 1751 et seq.); or 

21 ‘‘(2) an after-school program operating on 

22 school grounds. 

23 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab24 lish a program under which the Secretary shall provide 

25 grants, on a competitive basis, to local educational agenVerDate Mar 15 2010 02:46 Oct 09, 2010 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H6258.IH H6258

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1 cies or bureau-funded schools for use in accordance with 

2 this section. 

3 ‘‘(c) GRANTS TO LOCAL EDUCATIONAL AGENCIES OR

4 BUREAU-FUNDED SCHOOLS.—The amount of grants pro5 vided by the Secretary to local educational agencies or bu6 reau-funded schools for a fiscal year under this section 

7 shall not exceed the lesser of— 

8 ‘‘(1) the product obtained by multiplying— 

9 ‘‘(A) the number of qualifying schools re10 ceiving subgrants or other benefits under sub11 section (d) for the fiscal year; and 

12 ‘‘(B) the maximum amount of a subgrant 

13 provided to a qualifying school under subsection 

14 (d)(3)(B); or 

15 ‘‘(2) $2,000,000. 

16 ‘‘(d) SUBGRANTS TO QUALIFYING SCHOOLS.— 

17 ‘‘(1) IN GENERAL.—A local educational agency 

18 or a bureau-funded school receiving a grant under 

19 this section shall use funds made available under the 

20 grant to award subgrants to individual or groups of 

21 qualifying schools to carry out activities in accord22 ance with this section. 

23 ‘‘(2) STATE AND DISTRICT SUPPORT.—A local 

24 educational agency or a bureau-funded school may 

25 allocate a portion of each subgrant to support State 


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1 or local educational agency or a bureau-funded 

2 school activities in support of qualified schools for 

3 which it is more efficient or appropriate to support 

4 the activities in a centralized manner. 

5 ‘‘(3) AMOUNT; TERM.— 

6 ‘‘(A) IN GENERAL.—Except as otherwise 

7 provided in this paragraph, a subgrant provided 

8 by a local educational agency or a bureau-fund9 ed school to a qualifying school under this sec10 tion shall be in such amount, and shall be pro11 vided for such term, as the local educational 

12 agency or a bureau-funded school determines 

13 appropriate. 

14 ‘‘(B) MAXIMUM AMOUNT.—The amount of 

15 a subgrant provided by a local educational 

16 agency or a bureau-funded school to a quali17 fying school under this subsection shall not ex18 ceed— 

19 ‘‘(i) $50,000 for a single fiscal year; 

20 or 

21 ‘‘(ii) $100,000 for all fiscal years. 

22 ‘‘(C) MAXIMUM GRANT TERM.—A local 

23 educational agency or a bureau-funded school 

24 shall not provide subgrants to a qualifying 


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1 school under this subsection for more than 5 

2 fiscal years. 

3 ‘‘(e) PREFERENCE.—In providing subgrants under 

4 this section, a local educational agency or a bureau-funded 

5 school shall give priority to qualifying schools— 

6 ‘‘(1) in which 75 percent or more of the stu7 dents enrolled in such schools are eligible for free or 

8 reduced-price school lunches under the school lunch 

9 program established under the Richard B. Russell 

10 National School Lunch Act (42 U.S.C. 1751 et 

11 seq.); and 

12 ‘‘(2) that demonstrate— 

13 ‘‘(A) an intent to use the grants or sub14 grants to establish or support connections be15 tween the qualifying schools and local agricul16 tural producers and food providers; 

17 ‘‘(B) that the qualifying schools have es18 tablished, or intend to establish, a universal 

19 free breakfast program; or 

20 ‘‘(C) that the qualifying schools have con21 sidered, or intend to establish, service methods 

22 that make breakfast a part of the school day. 

23 ‘‘(f) BEST PRACTICES.—Prior to awarding grants 

24 under this section, the Secretary shall make available to 

25 State educational agencies and local educational agencies 


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1 or bureau-funded schools information regarding the most 

2 effective mechanisms by which to increase school breakfast 

3 participation among eligible children at qualifying schools, 

4 including best practices of schools who have increased 

5 breakfast participation.. 

6 ‘‘(g) APPLICATION.— 

7 ‘‘(1) IN GENERAL.—To be eligible to receive a 

8 grant under this section, a local educational agency 

9 or a bureau-funded school shall submit to the Sec10 retary an application at such time, in such manner, 

11 and containing such information as the Secretary 

12 may require. 

13 ‘‘(2) ADMINISTRATION.—In carrying out this 

14 section, the Secretary shall— 

15 ‘‘(A) develop an appropriate application 

16 process; and 

17 ‘‘(B) advertise the availability of funds 

18 under this section to qualified schools, local 

19 educational agencies or bureau-funded schools, 

20 and State educational agencies. 

21 ‘‘(h) USE OF FUNDS.— 

22 ‘‘(1) IN GENERAL.—A qualifying school may 

23 use a grant provided under this section— 

24 ‘‘(A) to establish, promote, or expand a 

25 school breakfast program of the qualifying 


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1 school under this section, which shall include a 

2 nutritional education component; 

3 ‘‘(B) to increase the quantity of local or 

4 fresh food available under the school breakfast 

5 program of the qualifying school under this sec6 tion; 

7 ‘‘(C) to provide school breakfast to stu8 dents of the qualifying school during the school 

9 day; and 

10 ‘‘(D) to increase participation in the school 

11 breakfast program, including through a uni12 versal free breakfast program. 

13 ‘‘(2) REQUIREMENT.—Each activity of a quali14 fying school under this subsection shall be carried 

15 out in accordance with applicable nutritional guide16 lines and regulations issued by the Secretary. 

17 ‘‘(i) MAINTENANCE OF EFFORT.—Grants made 

18 available under this section shall not diminish or otherwise 

19 affect the expenditure of funds from State and local 

20 sources for the maintenance of the school breakfast pro21 gram. 

22 ‘‘(j) REPORTS.— 

23 ‘‘(1) IN GENERAL.—The Secretary, in consulta24 tion with local educational agencies or bureau-fund25 ed schools and qualifying schools that receive grants 


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1 and subgrants under this section, shall submit to 

2 Congress an annual report describing the impact of 

3 the school breakfast programs of the qualifying 

4 schools on classroom performance and environment. 

5 ‘‘(2) DATA COLLECTION.—The Secretary shall 

6 provide guidance and minimum standards for data 

7 collection to grant recipients and any collaborating 

8 local institutions of higher education or research en9 tities as necessary to ensure that annual reports 

10 under this section are able to provide an adequate 

11 qualitative and quantitative evaluation of the grant 

12 impacts. 

13 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 such sums as are necessary for each of fiscal years 2011 

16 through 2015.’’. 

17 SEC. 116. STUDY AND REPORT ON PHYSICAL ACTIVITY AND 

18 NUTRITIONAL QUALITY OF MEALS AND 

19 SNACKS SERVED, IN JUVENILE JUSTICE FA20 CILITIES. 

21 (a) STUDY.—The Administrator of the Office of Ju22 venile Justice and Delinquency Prevention, in consultation 

23 with the Secretary of Agriculture, shall conduct a study 

24 on— 


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1 (1) the amount of physical activity by juveniles 

2 in juvenile justice facilities, including the types of 

3 physical activities in which such juveniles partici4 pate, how many hours per day such juveniles partici5 pate in physical activities, and the adequacy of the 

6 amount and type of physical activity of such juve7 niles; and 

8 (2) the nutritional quality of meals and snacks 

9 served in juvenile justice facilities. 

10 (b) REPORT.—Not later than 2 years after the date 

11 of enactment of this Act, the Administrator of the Office 

12 of Juvenile Justice and Delinquency Prevention, in con13 sultation with the Secretary of Agriculture, shall submit 

14 to Congress a report on the findings of the study con15 ducted under subsection (a), including an evaluation of 

16 whether the amount and type of physical activity by juve17 niles, and the nutritional quality of meals and snacks 

18 served, in juvenile justice facilities are adequate to ensure 

19 the health and wellness of such juveniles. 

20 SEC. 117. LOCAL FOOD INSECURITY ASSESSMENTS: ASSESS21 ING THE UNIQUE NUTRITIONAL NEEDS OF 

22 LOCAL COMMUNITIES. 

23 (a) IN GENERAL.—The Secretary of Health and 

24 Human Services shall establish a 3-year pilot program to 

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1 petitive basis, to allow such local and tribal governments, 

2 in partnership with the local community organizations 

3 under subsection (e), to— 

4 (1) conduct a food security assessment; and 

5 (2) make an inventory of the system in order to 

6 identify the strengths and gaps in such system. 

7 (b) DATA POINTS FOR ASSESSMENT.—For purposes 

8 of conducting an Assessment and making an inventory 

9 under a grant under subsection (a), with respect to the 

10 community served by a local or tribal government, such 

11 government shall examine the following food security and 

12 food system issues in the community: 

13 (1) The prevalence of childhood obesity. 

14 (2) The availability of safe routes to school for 

15 children. 

16 (3) The quality of food served in school and 

17 child care settings. 

18 (4) The availability of supermarkets. 

19 (5) The cost and availability of fresh fruits and 

20 vegetables. 

21 (6) The concentration of convenience stores, 

22 and other food vendors that sell a disproportionate 

23 amount of foods that are not fresh fruits and vegeta24 bles. 

25 (7) The availability of products. 


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1 (8) The concentration of fast food restaurants. 

2 (9) The availability of green space or recreation 

3 areas, and the extent to which such space or areas 

4 encourage physical activity by adults and children. 

5 (10) Any other issues determined to be relevant 

6 by the local or tribal government. 

7 (11) Any other issues determined to be relevant 

8 by the Secretary of Health and Human Services. 

9 (c) NUMBER OF SITES.—The Secretary of Health 

10 and Human Services, in awarding grants under subsection 

11 (a), shall award grants to no more than— 

12 (1) 20 local governments; and 

13 (2) 5 tribal governments. 

14 (d) PRIORITY.—In awarding grants under subsection 

15 (a), the Secretary of Health and Human Services shall 

16 give priority to those local and tribal governments that 

17 serve communities with the highest concentrations of pov18 erty. 

19 (e) REQUIREMENT OF PARTNERSHIPS.—In order to 

20 qualify for a grant under subsection (a), a local or tribal 

21 government shall demonstrate, to the satisfaction of the 

22 Secretary of Health and Human Services, that the local 

23 or tribal government has entered into a partnership (for 

24 the purpose of conducting an assessment and making an 


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1 inventory under subsection (a)) with at least one of the 

2 following local community organizations: 

3 (1) A nonprofit community-based organization 

4 or entity. 

5 (2) A developer or urban planning institution. 

6 (3) An accredited college or university. 

7 Subtitle C—Ensuring a Healthy 

8 Start for Children in Under9 served American Communities 

10 SEC. 121. IMPROVING HEALTHY EATING AND PHYSICAL AC11 TIVITY AMONG OUR YOUNGEST CHILDREN. 

12 Title III of the Public Health Service Act (42 U.S.C. 

13 241 et seq.) is amended by adding at the end the fol14 lowing: 

15 ‘‘PART W—HEALTHY KIDS PROGRAM 

16 ‘‘SEC. 399OO. DEFINITIONS. 

17 ‘‘In this part: 

18 ‘‘(1) CHILD CARE CENTER.—The term ‘child 

19 care center’ means a center licensed or otherwise au20 thorized to provide child care services for fewer than 

21 24 hours per day per child in a non-residential set22 ting, unless care in excess of 24 hours is due to the 

23 nature of the parents’ work. 

24 ‘‘(2) EARLY LEARNING COUNCIL.—The term 

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1 sembly that is established to advise governors, State 

2 legislators, or State agency administrators on how 

3 best to meet the needs of young children and their 

4 families specifically through improvement of pro5 grams and services. 

6 ‘‘(3) FAMILY CHILD CARE HOME.—The term 

7 ‘family child care home’ means a private family 

8 home where home-based child care is provided for a 

9 portion of the day, unless care in excess of 24 hours 

10 is due to the nature of the parents’ work, and that 

11 is certified, registered, or licensed in the State in 

12 which it is located. 

13 ‘‘(4) SCREEN TIME LIMITS.—The term ‘screen 

14 time limits’ means policies or guidelines, such as 

15 those developed by the American Academy of Pediat16 rics, designed to reduce the daily amount of time 

17 that children spend watching or looking at digital 

18 monitors or displays, including television sets, com19 puter monitors, or hand-held gaming devices. 

20 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

21 the Secretary of Health and Human Services. 

22 ‘‘SEC. 399OO–1. GRANTS. 

23 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

24 with appropriate entities within the Department of Health 

25 and Human Services, shall award 3-year competitive 


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1 grants to 5 State health departments (or other appro2 priate child care licensing entities within such States) to 

3 help reduce and prevent obesity among the birth to 5 year 

4 old population of the State in child care settings outside 

5 a child’s place of residence. 

6 ‘‘(b) USE OF FUNDS.—State grantees shall use 

7 amounts received under a grant under this subsection to— 

8 ‘‘(1) provide, or enter into contracts to provide, 

9 training (that meets the requirements of subsection 

10 (c)) to the staff of national, State, or community11 based organizations with networks of child care cen12 ters, or a consortium of child care centers and fam13 ily child care homes consisting of at least 10 centers, 

14 for the purpose of implementing evidence-based or 

15 data-informed healthy eating and physical activity 

16 policies and practices, including curricula and other 

17 interventions; and 

18 ‘‘(2) provide grants to child care centers and 

19 family child care homes, whose staff received the 

20 training described in paragraph (1), to implement 

21 practice, curricula, and policy changes (that meet 

22 the requirements of subsection (d)) that promote 

23 healthy eating and physical activity among the birth 

24 to 5 years of age population. 


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1 Preference in awarding grants shall be given to those 

2 States that demonstrate collaboration between relevant 

3 State entities related to child care and health and with 

4 key stakeholders, such as State early learning councils and 

5 other community-based organizations working with child 

6 care centers or family child care homes. 

7 ‘‘(c) TRAINING REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—Training provided under 

9 subsection (b) shall— 

10 ‘‘(A) include the provision of information 

11 concerning age-appropriate healthy eating and 

12 physical activity interventions and culturally 

13 competent curricula for the birth to 5 years of 

14 age population in the State involved, which at 

15 a minimum shall include— 

16 ‘‘(i) a handbook that includes rec17 ommendations, guidelines, and best prac18 tices for child care centers and family child 

19 care homes relating to healthy eating, 

20 physical activity, and screen time reduc21 tion; 

22 ‘‘(ii) information about the availability 

23 of and services provided by child care 

24 health consultants; and 


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1 ‘‘(iii) health and wellness resources 

2 available through the Child Care Bureau 

3 and the Maternal and Child Health Bu4 reau; 

5 ‘‘(B) identify, improve upon, and expand 

6 nutrition and physical activity best practices 

7 targeted to the birth to 5 years of age popu8 lation in the State involved and identify strate9 gies for incorporating parental education and 

10 other parental involvement; and 

11 ‘‘(C) provide instruction on how to appro12 priately model, direct, and encourage child care 

13 staff behavior to apply the best practices and 

14 strategies identified under subparagraph (B). 

15 ‘‘(2) TRAINING ENTITIES.—A grantee may con16 duct the training required under this section di17 rectly, or may provide such training through a con18 tract with— 

19 ‘‘(A) an appropriate national, State, or 

20 community organization with relevant expertise; 

21 ‘‘(B) a health care provider or professional 

22 organization with relevant expertise; 

23 ‘‘(C) a university or research center that 

24 employs faculty with relevant expertise; or 


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1 ‘‘(D) any other entity determined appro2 priate by the State and approved by the Sec3 retary. 

4 ‘‘(3) REQUIREMENT OF CONTRACT.—If a grant5 ee elects to provide the training under this section 

6 through a contract, the grantee shall ensure that a 

7 consistent healthy eating and physical activity cur8 riculum is being developed for all child care entities 

9 participating in the pilot program in the State. 

10 ‘‘(d) PRACTICE, CURRICULA, AND POLICY

11 CHANGES.—After training is provided as required under 

12 subsection (c), a State grantee shall ensure that the orga13 nizations and consortium involved— 

14 ‘‘(1) implement, in child care settings, evidence15 based or data-informed policy changes that promote 

16 healthy eating, physical activity, and appropriate 

17 screen time limits among the birth to 5 years of age 

18 population; 

19 ‘‘(2) utilize an evidence-based or data-informed, 

20 culturally competent healthy eating and physical ac21 tivity curriculum in child care settings focusing on 

22 such birth to age 5 population; 

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1 nating a written parental involvement policy, and co2 ordinating and integrating parental involvement 

3 strategies under this section, to the extent feasible 

4 and appropriate, with parental involvement strate5 gies under other programs, such as the Head Start 

6 program and the Early Head Start Program; and 

7 ‘‘(4) find innovative ways to remove barriers 

8 that exist to providing opportunities for healthy eat9 ing and physical activity. 

10 All activities described in this paragraph shall be evidence11 based and data-informed and be consistent with the cur12 riculum presented through training activities described in 

13 subsection (c). 

14 ‘‘SEC. 399OO–2. GRANTS FOR THE EVALUATION OF PILOT 

15 PROGRAMS. 

16 ‘‘The Secretary shall award competitive grants to 

17 Prevention Research Centers or universities to evaluate 

18 the programs carried out with grants under section 

19 399OO–1, including baseline, process, and outcome meas20 urements. 

21 ‘‘SEC. 399OO–3. COORDINATION. 

22 ‘‘(a) INTERAGENCY COORDINATION.—To the extent 

23 practicable, the Secretary shall coordinate activities con24 ducted under this part with activities undertaken by the 

25 National Prevention, Health Promotion and Public Health 


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1 Council established under section 4001 of the Patient Pro2 tection and Affordable Care Act (Public Law 111–148). 

3 Where practicable, such coordination shall— 

4 ‘‘(1) include the sharing of current and emerg5 ing best practices concerning healthy eating, physical 

6 activity, and screen time limits that have a popu7 lation-level impact in promoting nutrition and phys8 ical activity in child care settings; 

9 ‘‘(2) promote the effective implementation and 

10 sustainability of such programs; and 

11 ‘‘(3) avoid unnecessary duplication of effort. 

12 ‘‘(b) PILOT COORDINATION.—The Secretary shall 

13 designate an individual (directly or through contract) to 

14 provide technical assistance to States and pilot centers in 

15 the development, implementation, and evaluation of activi16 ties and dissemination of information described in para17 graphs (1), (2), and (3) of subsection (a). 

18 ‘‘SEC. 399OO–4. EVALUATION AND REPORTING. 

19 ‘‘(a) TECHNICAL ASSISTANCE AND INFORMATION.— 

20 The Secretary shall— 

21 ‘‘(1) provide technical assistance to grantees 

22 and other entities providing training under a grant 

23 under this part; and 

24 ‘‘(2) disseminate to health departments and 

25 trainers under grants under this part information 


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1 concerning evidence-based or data-informed ap2 proaches, including dissemination of existing tool3 kits, curricula, and existing or emerging best prac4 tices that can be expanded or improved upon 

5 through a program conducted under this part. 

6 ‘‘(b) EVALUATION REQUIREMENTS.—With respect to 

7 evaluations conducted under section 399OO–2, the Sec8 retary shall ensure that— 

9 ‘‘(1) evaluation metrics are consistent across all 

10 programs funded under this part; 

11 ‘‘(2) interim outcomes are measured by the 

12 number of centers that have implemented policy and 

13 environmental strategies that support use of cur14 ricula and practices supporting healthy eating, phys15 ical activity, and screen time limits; 

16 ‘‘(3) interim outcomes are measured, to the ex17 tent possible, by behavior changes in healthy eating, 

18 physical activity, and screen time; and 

19 ‘‘(4) upon completion of the program, the eval20 uation shall include an identification of best prac21 tices relating to behavior change and reductions in 

22 the increasing prevalence of overweight and obesity 

23 that could be replicated in other settings. 

24 ‘‘(c) DISSEMINATION OF INFORMATION.—Upon the 

25 conclusion of the programs carried out under this part, 


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1 the Secretary shall disseminate to all appropriate agencies 

2 within the Department of Health and Human Services evi3 dence, best practices, and lessons learned from grantees. 

4 Such agencies shall encourage the adoption of the best 

5 practices. 

6 ‘‘(d) REPORT TO CONGRESS.—Not later than 6 

7 months after the completion of the pilot program under 

8 this part, the Secretary shall submit to Congress a report 

9 concerning the evaluation of the pilot programs, including 

10 recommendations as to how lessons learned from such pro11 grams can be incorporated into future guidance docu12 ments developed and provided by the Secretary and other 

13 Federal agencies, as appropriate. 

14 ‘‘SEC. 399OO–5. AUTHORIZATION OF APPROPRIATIONS. 

15 ‘‘There is authorized to be appropriated to carry out 

16 this part, $2,500,000 for each of fiscal years 2011, 2012 

17 and 2013.’’. 

18 SEC. 122. HEALTH AND FITNESS SCHOOL PROGRAMS: 

19 TRAINING AMERICA’S YOUTH TO LIVE 

20 HEALTHY LIFESTYLES. 

21 (a) IN GENERAL.—The Secretaries shall carry out a 

22 2-year pilot program consisting of awarding grants to eli23 gible entities for the purpose of establishing or expanding 

24 evidence-informed health and fitness programs in sec25 ondary schools in low-income communities. 


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1 (b) HEALTH AND FITNESS PROGRAM REQUIRE2 MENTS.—As a condition on receipt of a grant under this 

3 section, an eligible entity shall agree that any health and 

4 fitness program at a secondary school funded through the 

5 grant will— 

6 (1) be conducted in partnership with the sec7 ondary school, community entities, local contributors 

8 of funds, and tribal councils; 

9 (2) include services by recent graduates of insti10 tutions of higher education who are interested in 

11 pursuing graduate degrees in medicine, nursing, nu12 trition science, exercise physiology, public health, or 

13 a related discipline; 

14 (3) use services by such graduates to supple15 ment rather than supplant the health and fitness 

16 curriculum of the secondary school; 

17 (4) include a highly effective student-mentor 

18 intervention and education program conducted by 

19 such graduates for a maximum of 2 years of service 

20 in 1 secondary school per graduate; 

21 (5) build a healthier community through 

22 wellness activities and increased awareness about 

23 and access to healthy foods; 

24 (6) provide daily health and fitness instruction 

25 to both students and faculty; 


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1 (7) conduct an annual in-school health fair 

2 using the services of secondary school students with 

3 the objective of building a healthier community 

4 through wellness activities and increased awareness 

5 about and access to healthy foods; 

6 (8) conduct an annual school-based and an an7 nual community-based health fair using the services 

8 of secondary school students with the objective of 

9 building a healthier community through wellness ac10 tivities and increased awareness about and access to 

11 healthy foods; and 

12 (9) expose secondary school students to a vari13 ety of career choices in wellness and health-related 

14 disciplines, including careers in medicine, nursing, 

15 nutrition science, and exercise physiology. 

16 (c) NON-FEDERAL FUNDS.—The Secretaries shall 

17 encourage grantees under this section to contribute funds 

18 from non-Federal sources to increase— 

19 (1) the number of secondary schools at which 

20 health and fitness programs are offered; or 

21 (2) the longevity of such programs. 

22 (d) MINIMUM NUMBER OF SCHOOLS.—The Secre23 taries shall ensure that grants under this section are used 

24 to establish or expand health and fitness programs at a 

25 total of not less than 20 schools. 


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1 (e) ASSESSMENT; REPORTING.—As conditions on re2 ceipt of a grant under this section, an eligible entity shall 

3 agree to— 

4 (1) conduct an annual assessment of health and 

5 fitness programs funded through the grant using the 

6 Centers for Disease Control and Prevention’s School 

7 Health Index; 

8 (2) on an annual basis, report the findings of 

9 each assessment under paragraph (1) to the partici10 pating school, community partners, local contribu11 tors of funds, and tribal councils; and 

12 (3) not later than the end of fiscal year 2012, 

13 submit a report to the Secretaries and an appro14 priate representative of the Centers for Disease Con15 trol and Prevention on the success of the programs 

16 in educating children and families and thereby pre17 venting or reducing childhood obesity, including data 

18 from each assessment under paragraph (1). 

19 (f) DEFINITIONS.—In this section: 

20 (1) The term ‘‘secondary school’’ has the mean21 ing given to such term in section 9101 of the Ele22 mentary and Secondary Education Act of 1965 (20 

23 U.S.C. 7801). 

24 (2) The term ‘‘eligible entity’’ means a non25 profit organization or entity with the ability to meet 


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1 the requirements applicable to a grantee under this 

2 section, as determined by the Secretaries. 

3 (3) The term ‘‘low-income communities’’ in4 cludes— 

5 (A) communities with a high percentage of 

6 children eligible for free and reduced priced 

7 lunches under the Richard B. Russell National 

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

9 and 

10 (B) any other communities determined by 

11 the Secretaries to be low-income for purposes of 

12 this section. 

13 (4) The term ‘‘Secretaries’’ means the Sec14 retary of Health and Human Services and the Sec15 retary of Education, acting jointly and in conjunc16 tion with the Director of the Centers for Disease 

17 Control and Prevention. 

18 (g) AUTHORIZATION OF APPROPRIATIONS.—To carry 

19 out this section, there is authorized to be appropriated 

20 $1,400,000 for the period of fiscal years 2011 through 

21 2012. 


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1 TITLE II—ADVANCING PREVENT2 ATIVE MEASURES AND 

3 TREATMENT OF OBESITY IN 

4 ADULTS AND CHILDREN IN 

5 UNDERSERVED COMMU6 NITIES 

7 SEC. 201. COMMUNITY HEALTH AND WELLNESS NAVIGA8 TORS PILOT PROGRAM: CONNECTING AMER9 ICA’S HEALTH PROFESSIONAL WITH OUR 

10 SCHOOLS. 

11 (a) IN GENERAL.—The Secretary of Health and 

12 Human Services shall award grants to 5 or more States 

13 for the establishment of a community navigator program, 

14 consisting of each such State making subgrants to 1 or 

15 more eligible entities for a local community navigator pro16 gram described in subsection (b). 

17 (b) PROGRAM DESCRIPTION.—A local community 

18 navigator program described in this subsection shall con19 sist of the following: 

20 (1) An eligible entity, in partnership with a 

21 local educational agency, a bureau-funded school, or 

22 a nonprofit health or education organization, will 

23 hire and train 2 or more community navigators. 

24 (2) The community navigators will facilitate a 

25 relationship between the eligible entity and the local 


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1 educational agency, bureau-funded school, or non2 profit health or education organization in low-income 

3 communities to ensure increased access to medical 

4 care through educating parents and school adminis5 trators. 

6 (3) The community navigators will carry out 

7 educational activities for elementary school and sec8 ondary school students and their parents in low-in9 come communities with the goal of— 

10 (A) increasing familial intake of nutritious 

11 meals; 

12 (B) increasing physical activity both in and 

13 out of the school setting; and 

14 (C) increasing access to medical care. 

15 (c) REPORT.—Not later than 2 years after the date 

16 of the enactment of this Act, the Secretary shall submit 

17 a report to the Congress on the effectiveness of the pro18 gram under this section. 

19 (d) DEFINITIONS.—In this section: 

20 (1) The term ‘‘bureau-funded school’’ has the 

21 meaning given such term in section 1146 of the 

22 Education Amendments of 1978 (25 U.S.C. 2026). 

23 (2) The terms ‘‘elementary school’’, ‘‘local edu24 cational agency’’, and ‘‘secondary school’’ have the 

25 meanings given to such terms in section 9101 of the 


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1 Elementary and Secondary Education Act of 1965 

2 (20 U.S.C. 7801). 

3 (3) The term ‘‘eligible entity’’ includes a Feder4 ally qualified health center (as defined in section 

5 1861(aa) of the Social Security Act (42 U.S.C. 

6 1395x(aa))), a facility operated by the Indian 

7 Health Service (including a facility operated by an 

8 Indian tribe or tribal organization through a con9 tract or compact with the Service under the Indian 

10 Self-Determination and Education Assistance Act 

11 (25 U.S.C. 450 et seq.)), a free-standing children’s 

12 hospital that is described in subparagraph (L) or 

13 (M) of section 340B(a)(4) of the Public Health 

14 Service Act (42 U.S.C. 256b(a)(4)), a non-profit 

15 with demonstrated effectiveness in the area of 

16 healthcare and with a focus on serving low-income 

17 communities, a rural hospital, and a rural health 

18 clinic. 

19 (4) The term ‘‘low-income communities’’ in20 cludes— 

21 (A) communities with a high percentage of 

22 children eligible for free and reduced priced 

23 lunches under the Richard B. Russell National 

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

25 and 


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1 (B) any other communities determined by 

2 the Secretaries to be low-income for purposes of 

3 this section. 

4 (5) The term ‘‘nonprofit health or education or5 ganization’’ shall be defined by the Secretary. 

6 (6) The term ‘‘Secretary’’ means the Secretary 

7 of Health and Human Services. 

8 (7) The term ‘‘State’’ includes the District of 

9 Columbia and any commonwealth, territory, or pos10 session of the United States, including the Common11 wealth of Puerto Rico, the Virgin Islands, Guam, 

12 American Samoa, and the Commonwealth of the 

13 Northern Mariana Islands. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 

15 out this section, there are authorized to be appropriated 

16 such sums as may be necessary for fiscal years 2011 and 

17 2012. 

18 SEC. 202. REQUIREMENT TO EXPEDITE NATIONAL MEDI19 CARE COVERAGE DETERMINATIONS FOR EVI20 DENCE-BASED PREVENTIVE SERVICES. 

21 (a) IN GENERAL.—Not later than January 1, 2011, 

22 the Secretary of Health and Human Services shall issue 

23 national Medicare coverage determinations for evidence24 based preventive and treatment services, including services 

25 to prevent or treat overweight and obesity that have in 


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1 effect a rating of ‘A’ or ‘B’ (relating to a classification 

2 representing strongly recommended or recommended serv3 ices) in the current recommendations of the United States 

4 Preventive Services Task Force (in this section referred 

5 to as ‘‘USPSTF’’) and clinical services for preventing and 

6 treating overweight and obesity as defined by the National 

7 Heart, Lung and Blood Institute’s (in this section referred 

8 to as ‘‘NHLBI’’) Clinical Guidelines on the Identification, 

9 Evaluation and Treatment of Overweight and Obesity in 

10 Adults. The Secretary shall update such coverage deter11 minations based on future updates to such USPSTF and 

12 NHLBI guidelines. 

13 (b) UPDATING RECOMMENDATIONS.—The Secretary 

14 shall instruct— 

15 (1) the Agency for Healthcare Research and 

16 Quality and the USPSTF to update, by not later 

17 than one year after the date of the enactment of this 

18 Act and at least once every 5 years thereafter, 

19 USPSTF recommendations relating to the preven20 tion of overweight and obesity that have in effect a 

21 rating of ‘I’ (relating to a classification representing 

22 insufficient evidence to make a recommendation for 

23 the service involved) to determine if such rating 

24 should be upgraded to a rating of ‘‘A’’ or ‘‘B’’; and 


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1 (2) the National Heart, Lung and Blood Insti2 tute to update, by not later than December 31, 

3 2010, and at least once every 3 years thereafter, the 

4 NHLBI Clinical Guidelines described in subsection 

5 (a). 

6 SEC. 203. EXPANSION OF OBESITY TREATMENT SERVICES 

7 UNDER MEDICARE. 

8 (a) COVERAGE.—Section 1861 of the Social Security 

9 Act (42 U.S.C. 1395x), as amended by section 4103 of 

10 the Patient Protection and Affordable Care Act (Public 

11 Law 111–148), is further amended— 

12 (1) in subsection (s)(2)— 

13 (A) in subparagraph (EE), by striking at 

14 the end ‘‘and’’; 

15 (B) in subparagraph (FF), by adding at 

16 the end ‘‘and’’; and 

17 (C) by adding at the end the following new 

18 subparagraph: 

19 ‘‘(GG) items and services furnished under 

20 an obesity treatment program (as defined in 

21 subsection (iii));’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(iii) OBESITY TREATMENT PROGRAM.—The term 

25 ‘obesity treatment program’ means— 


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1 ‘‘(1) medical services delivered to eligible indi2 viduals under a plan of care for the purpose of re3 ducing body mass index and the associated co4 morbidities of obesity, including the following: 

5 ‘‘(A) the development of an initial plan of 

6 care and subsequent revisions to that plan of 

7 care; 

8 ‘‘(B) medical and surgical interventions as 

9 determined appropriate by the Secretary; and 

10 ‘‘(C) additional services for which payment 

11 would not otherwise be made under this title 

12 that the Secretary may specify that encourage 

13 the receipt of, or improve the effectiveness of, 

14 the services described in the preceding subpara15 graphs. 

16 In carrying out subparagraph (C), the Secretary 

17 shall consider recommendations of the United States 

18 Preventive Services Task Force; clinical practice 

19 guidelines for treatment of overweight, obesity, and 

20 severe obesity issued by professional medical soci21 eties; and consensus statements and guidelines on 

22 effective treatment of overweight, obesity, and severe 

23 obesity issued by the National Institutes of Health, 

24 professional medical societies, and other authori25 tative sources (such as those identified in the NaVerDate Mar 15 2010 02:46 Oct 09, 2010 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H6258.IH H6258

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1 tional Heart Lung and Blood Institute’s Clinical 

2 Guidelines on the Identification, Evaluation, and 

3 Treatment of Overweight and Obesity in Adults). 

4 ‘‘(2) For purposes of this subsection, the term 

5 ‘eligible individual’ means an individual who has— 

6 ‘‘(A) been diagnosed with obesity by a phy7 sician (as defined in subsection (r)) or provider 

8 of services (as defined in subsection (u)); 

9 ‘‘(B) a body mass index of at least 30; or 

10 ‘‘(C) a body mass index of at least 27 with 

11 at least one weight-related comorbid condition. 

12 It is not necessary for such individual to be diag13 nosed with co-morbidities in addition to the obesity 

14 diagnosis or body mass index of at least 30 in order 

15 to be considered an ‘eligible individual’ under this 

16 subsection.’’. 

17 (b) PAYMENT.—Section 1833(a)(1) of the Social Se18 curity Act (42 U.S.C. 1395l(a)(1)), as amended by section 

19 10501(h)(3)(B) of the Patient Protection and Affordable 

20 Care Act (Public Law 111–148), is amended— 

21 (1) by striking ‘‘and’’ before ‘‘(Z)’’; and 

22 (2) by inserting before the semicolon at the end 

23 the following: ‘‘, and (AA) with respect to items and 

24 services furnished under an obesity treatment pro25 gram (as defined in section 1861(iii)), the amount 


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1 paid shall be 80 percent of the lesser of the actual 

2 charge for the services or the amount determined 

3 under a fee schedule established by the Secretary for 

4 purposes of this subparagraph’’. 

5 SEC. 204. COVERAGE OF EVIDENCE-BASED PREVENTIVE 

6 SERVICES UNDER MEDICAID AND SCHIP. 

7 (a) STATE OPTION TO PROVIDE MEDICAL ASSIST8 ANCE FOR EVIDENCE-BASED PREVENTIVE SERVICES.— 

9 (1) IN GENERAL.—Section 1905 of the Social 

10 Security Act (42 U.S.C. 1396d)— 

11 (A) in subsection (a), as amended by sec12 tion 2301(a) of the Patient Protection and Af13 fordable Care Act, is further amended— 

14 (i) in paragraph (28), by striking 

15 ‘‘and’’ at the end; 

16 (ii) by redesignating paragraph (29) 

17 as paragraph (30); and 

18 (iii) by inserting after paragraph (28) 

19 the following: 

20 ‘‘(29) evidence-based preventive services de21 scribed in subsection (dd); and’’; and 

22 (B) as amended by section 10201(c)(6) of 

23 the Patient Protection and Affordable Care Act, 

24 is further amended by adding at the end the 

25 following: 


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1 ‘‘(dd) For purposes of subsection (a)(29), evidence2 based preventive services described in this subsection are 

3 any preventive services which the Secretary has deter4 mined are reasonable and necessary, including, as so de5 termined, diet and exercise counseling, healthy weight and 

6 obesity counseling, and any other evidence-based, effective 

7 clinical intervention for obese individuals, including phar8 macological or surgical services, designed to prevent 

9 comorbidities of obesity.’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 1902(a)(10)(C)(iv) of such Act is amended by in12 serting ‘‘, and (29)’’ after ‘‘(24)’’. 

13 (b) STATE OPTION TO PROVIDE CHILD HEALTH AS14 SISTANCE FOR EVIDENCE-BASED PREVENTIVE SERV15 ICES.—Section 2110(a) of the Social Security Act (42 

16 U.S.C. 1397jj(a)) is amended— 

17 (1) by redesignating paragraph (28) as para18 graph (29); and 

19 (2) by inserting after paragraph (27) the fol20 lowing: 

21 ‘‘(28) Evidence-based preventive services de22 scribed in section 1905(dd).’’. 


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1 SEC. 205. COVERAGE OF MEDICAL NUTRITION THERAPY 

2 UNDER MEDICAID AND SCHIP. 

3 (a) STATE OPTION TO PROVIDE MEDICAL ASSIST4 ANCE FOR MEDICAL THERAPY SERVICES.— 

5 (1) IN GENERAL.—Section 1905(a) of the So6 cial Security Act (42 U.S.C. 1396d), as amended by 

7 section 204(a), is amended— 

8 (A) in paragraph (29), by striking ‘‘and’’ 

9 at the end; 

10 (B) by redesignating paragraph (30) as 

11 paragraph (31); and 

12 (C) by inserting after paragraph (29) the 

13 following: 

14 ‘‘(30) medical nutrition therapy services (as de15 fined in section 1861(vv)(1)) for individuals with 

16 pre-diabetes or obesity, or who are overweight (as 

17 defined by the Secretary); and’’. 

18 (2) CONFORMING AMENDMENT.—Section 

19 1902(a)(10)(C)(iv) of such Act, as amended by sec20 tion 204(a)(2), is amended by striking ‘‘and (29)’’ 

21 and inserting ‘‘(29), and (30)’’. 

22 (b) STATE OPTION TO PROVIDE CHILD HEALTH AS23 SISTANCE FOR MEDICAL NUTRITION THERAPY SERV24 ICES.—Section 2110(a) of the Social Security Act (42 

25 U.S.C. 1397jj(a)), as amended by section 204(b), is 

26 amended— 


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1 (1) by redesignating paragraph (29) as para2 graph (30); and 

3 (2) by inserting after paragraph (28) the fol4 lowing: 

5 ‘‘(29) Medical nutrition therapy services (as de6 fined in section 1861(vv)(1)) for individuals with 

7 pre-diabetes or obesity, or who are overweight (as 

8 defined by the Secretary).’’. 

9 SEC. 206. CLARIFICATION OF EPSDT INCLUSION OF PRE10 VENTION, SCREENING, AND TREATMENT 

11 SERVICES FOR OBESITY AND OVERWEIGHT; 

12 SCHIP COVERAGE. 

13 (a) IN GENERAL.—Section 1905(r)(5) of the Social 

14 Security Act (42 U.S.C. 1396d(r)(5)) is amended by in15 serting before the period the following: ‘‘, including weight 

16 and BMI measurement and monitoring, as well as appro17 priate treatment services, including medical nutrition ther18 apy services (as defined in section 1861(vv)(1)), physical 

19 therapy or exercise training, behavioral health counseling, 

20 and such other evidence based services as recommended 

21 by the Secretary (after taking into consideration the 

22 American Academy of Pediatrics Expert Committee 

23 Guidelines Regarding the Prevention, Assessment, and 

24 Treatment of Child and Adolescent Overweight and Obe25 sity)’’. 


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1 (b) SCHIP.— 

2 (1) REQUIRED COVERAGE.—Section 2103 (42 

3 U.S.C. 1397cc) is amended— 

4 (A) in subsection (a), in the matter pre5 ceding paragraph (1), by striking ‘‘and (7)’’ 

6 and inserting ‘‘(7), and (9)’’; and 

7 (B) in subsection (c)— 

8 (i) by redesignating paragraph (7) as 

9 paragraph (9); and 

10 (ii) by inserting after paragraph (6), 

11 the following: 

12 ‘‘(7) PREVENTION, SCREENING, AND TREAT13 MENT SERVICES FOR OBESITY AND OVERWEIGHT.— 

14 The child health assistance provided to a targeted 

15 low-income child shall include coverage of weight 

16 and BMI measurement and monitoring, as well as 

17 appropriate treatment services (including but not 

18 limited to) medical nutrition therapy services (as de19 fined in section 1861(vv)(1)), physical therapy or ex20 ercise training, behavioral health counseling, and 

21 such other evidence based services as recommended 

22 by the Secretary. For purposes of the previous sen23 tence the Secretary shall take into consideration the 

24 American Academy of Pediatrics Expert Committee 

25 Guidelines Regarding the Prevention, Assessment, 


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1 and Treatment of Child and Adolescent Overweight 

2 and Obesity.’’. 

3 (2) CONFORMING AMENDMENT.—Section 

4 2102(a)(7)(B) (42 U.S.C. 1397bb(c)(2)) is amended 

5 by striking ‘‘section 2103(c)(5)’’ and inserting 

6 ‘‘paragraphs (5) and (7) of section 2103(c)’’. 

7 SEC. 207. NATIONAL COMMISSION ON CHILD OBESITY. 

8 (a) ESTABLISHMENT.—There is established a com9 mission to be known as the National Commission on Child 

10 Obesity (in this section referred to as the ‘‘Commission’’). 

11 (b) DUTIES OF COMMISSION.—The Commission 

12 shall— 

13 (1) conduct a comprehensive study that exam14 ines and assesses the needs of children relating to 

15 the prevalence, prevention, and treatment of child16 hood overweight and obesity, including specific find17 ings relating to— 

18 (A) best practices for the prevention and 

19 treatment of childhood overweight and obesity; 

20 (B) child physical health and mental 

21 health; 

22 (C) child care in all settings; 

23 (D) child welfare; 

24 (E) elementary and secondary education; 

25 (F) food availability in neighborhoods; 


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1 (G) access to health care; 

2 (H) health care utilization; 

3 (I) built environment; 

4 (J) parent physical health and education; 

5 (K) underserved communities, including 

6 tribal communities, health professional shortage 

7 areas designated under section 332 of the Pub8 lic Health Service Act (42 U.S.C. 254e), medi9 cally underserved areas (as defined in section 

10 799B of such Act (42 U.S.C. 295p), and areas 

11 in the Appalachian region (as defined in section 

12 14102(a) of title 40, United States Code); 

13 (L) relevant activities in childhood over14 weight and obesity; and 

15 (M) the availability of information on State 

16 and Federal supportive nutrition programs, 

17 such as the Summer Food Service Program, the 

18 Women, Infants, and Children Program, the 

19 State Children’s Health Insurance Program 

20 under title XXI of the Social Security Act, and 

21 the Supplemental Nutrition Assistance Pro22 gram; 

23 (2) identify, review, and evaluate existing laws, 

24 regulations, policies, programs, and public health ini25 tiatives relevant to best practices for the prevalence, 


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1 prevention, and treatment of childhood overweight 

2 and obesity; 

3 (3) identify, review, and evaluate the lessons 

4 learned from past laws, regulations, policies, pro5 grams, and public health initiatives relevant to the 

6 prevalence, prevention, and treatment of childhood 

7 overweight and obesity; 

8 (4) advise on the need to revise laws, regula9 tions, policies, and programs relative to addressing 

10 best practices for the prevalence, prevention, and 

11 treatment of childhood overweight and obesity at 

12 regular intervals as new knowledge is gained; 

13 (5) include in the interim report required by 

14 subsection (i)(1) recommendations on— 

15 (A) the appropriate Federal agency to es16 tablish the infrastructure for the creation of a 

17 comprehensive nationwide registry of patient 

18 data associated with children living with obe19 sity; 

20 (B) the specific criteria needed for such 

21 registry to allow the field of pediatric clinicians 

22 access to patient-level, clinical data suitable for 

23 research and the development of best practices; 

24 (C) the appropriate funding level required 

25 for the establishment and implementation of 


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1 such the registry described in subparagraph 

2 (A); and 

3 (D) how to capture large-scale data that 

4 are currently unavailable on adolescent and 

5 child patients who are currently obese; and 

6 (6) include in the final report required by sub7 section (i)(3) the Commission’s specific findings, 

8 conclusions, and recommendations to address the 

9 needs of children relating to the prevention and 

10 treatment of childhood overweight and obesity, in11 cluding specific recommendations on— 

12 (A) the need for planning and establishing 

13 a national resource center for children and obe14 sity; and 

15 (B) such coordination of resources and 

16 services, administrative actions, policies, regula17 tions, and legislative changes as the Commis18 sion considers appropriate. 

19 (c) COMPOSITION.— 

20 (1) MEMBERS.—The Commission shall be com21 posed of 15 members, of whom— 

22 (A) 3 members, each of a different political 

23 party, shall be appointed by the President; 

24 (B) 3 members shall be appointed by the 

25 majority leader of the Senate; 


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1 (C) 3 members shall be appointed by the 

2 minority leader of the Senate; 

3 (D) 3 members shall be appointed by the 

4 Speaker of the House of Representatives; and 

5 (E) 3 members shall be appointed by the 

6 minority leader of the House of Representa7 tives. 

8 (2) APPOINTMENT.—Members of the Commis9 sion shall be appointed not later than 6 months after 

10 the date of the enactment of this Act. 

11 (3) CHAIRPERSON, VICE CHAIRPERSON, AND

12 MEETINGS.— 

13 (A) IN GENERAL.—Not later than 30 days 

14 after the date on which all members of the 

15 Commission are appointed under paragraph (1), 

16 such members shall meet to elect a Chairperson 

17 and Vice Chairperson from among such mem18 bers and shall determine a schedule of Commis19 sion meetings. 

20 (B) INITIAL MEETING.—The Commission 

21 shall meet and begin the operations of the Com22 mission not later than 120 days after the ap23 pointment of members of the Commission. 


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1 (4) GOVERNMENTAL APPOINTEES.—An indi2 vidual appointed to the Commission may not be an 

3 official or employee of the Federal Government. 

4 (5) COMMISSION REPRESENTATION.—The Com5 mission shall include at least one— 

6 (A) representative from each of a nonprofit 

7 and for-profit entity with demonstrated exper8 tise in addressing the needs of children relating 

9 to the prevalence, prevention, and treatment of 

10 childhood overweight and obesity; 

11 (B) State or local director of health; and 

12 (C) tribal health representative. 

13 (6) QUALIFICATIONS.—Members appointed 

14 under paragraph (1) may include— 

15 (A) individuals involved with providing 

16 services to children, including health and other 

17 social services; 

18 (B) individuals involved with administering 

19 health insurance coverage to children; 

20 (C) individuals with experience in public 

21 health initiatives relating to the prevention and 

22 treatment of childhood overweight and obesity, 

23 including coordination of resources and services 

24 among State and local governments, the Fed25 eral Government, and nongovernmental entities; 


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1 (D) individuals with philanthropic experi2 ence focused on the needs of children relating 

3 to the prevalence, prevention, and treatment of 

4 childhood overweight and obesity; and 

5 (E) individuals who have conducted aca6 demic research relating to the prevalence, pre7 vention, and treatment of childhood overweight 

8 and obesity. 

9 (7) QUORUM AND VACANCY.— 

10 (A) QUORUM.—A majority of the members 

11 of the Commission shall constitute a quorum, 

12 but a lesser number of members may hold hear13 ings. 

14 (B) VACANCY.—Any vacancy in the Com15 mission shall not affect its powers and shall be 

16 filled in the same manner in which the original 

17 appointment was made. 

18 (d) POWERS OF COMMISSION.— 

19 (1) HEARINGS.—The Commission may hold 

20 such hearings, meet and act at such times and 

21 places, and receive such evidence as may be nec22 essary to carry out the functions of the Commission. 

23 (2) INFORMATION FROM FEDERAL AGENCIES.— 

24 (A) IN GENERAL.—The Commission may 

25 access, to the extent authorized by law, from 


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1 any executive department, bureau, agency, 

2 board, commission, office, independent estab3 lishment, or instrumentality of the Federal Gov4 ernment such information, suggestions, esti5 mates, and statistics as the Commission con6 siders necessary to carry out this section. 

7 (B) PROVISION OF INFORMATION.—On 

8 written request of the Chairperson of the Com9 mission, each department, bureau, agency, 

10 board, commission, office, independent estab11 lishment, or instrumentality of the Federal Gov12 ernment shall, to the extent authorized by law, 

13 provide the requested information to the Com14 mission. 

15 (C) RECEIPT, HANDLING, STORAGE, AND

16 DISSEMINATION.—Information shall only be re17 ceived, handled, stored, and disseminated by 

18 members of the Commission and its staff con19 sistent with all applicable statutes, regulations, 

20 and Executive orders. 

21 (3) ASSISTANCE FROM FEDERAL AGENCIES.— 

22 (A) GENERAL SERVICES ADMINISTRA23 TION.—On request of the Chairperson of the 

24 Commission, the Administrator of General 

25 Services shall provide to the Commission, on a 


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1 reimbursable basis, administrative support and 

2 other assistance necessary for the Commission 

3 to carry out its duties. 

4 (B) OTHER DEPARTMENTS AND AGEN5 CIES.—In addition to assistance under subpara6 graph (A), departments and agencies of the 

7 United States may provide to the Commission 

8 such assistance as they determine advisable and 

9 as authorized by law. 

10 (4) CONTRACTING.—The Commission may 

11 enter into financially reasonable contracts to enable 

12 the Commission to discharge its duties under this 

13 section. 

14 (5) POSTAL SERVICES.—The Commission may 

15 use the United States mails in the same manner and 

16 under the same conditions as a department or agen17 cy of the United States. 

18 (e) STAFF OF COMMISSION.— 

19 (1) IN GENERAL.—The Chairperson of the 

20 Commission, in consultation with the Vice Chair21 person, in accordance with rules agreed upon by the 

22 Commission, may appoint and fix the compensation 

23 of a staff director, policy director, and administra24 tive assistant (and other staff if agreed upon by a 

25 majority of Commission members) to enable the 


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1 Commission to carry out its functions, in accordance 

2 with the provisions of title 5, United States Code, 

3 except that no rate of pay fixed under this para4 graph may exceed the equivalent of that payable for 

5 a position at level V of the Executive Schedule under 

6 section 5316 of title 5, United States Code. 

7 (2) STAFF OF FEDERAL AGENCIES.—Upon re8 quest of the Chairperson of the Commission, the 

9 head of any executive department, bureau, agency, 

10 board, commission, office, independent establish11 ment, or instrumentality of the Federal Government 

12 may detail, without reimbursement, any of its per13 sonnel to the Commission to assist it in carrying out 

14 its duties under this section. Any detail of an em15 ployee shall be without interruption or loss of civil 

16 service status or privilege. 

17 (3) CONSULTANT SERVICES.—The Commission 

18 is authorized to procure (pursuant to a majority vote 

19 of the Commission members) the services of experts 

20 and consultants in accordance with section 3109 of 

21 title 5, United States Code, but at rates not to ex22 ceed the daily equivalent of the annual rate of basic 

23 pay for level IV of the Executive Schedule under sec24 tion 5315 of title 5, United States Code. 


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1 (f) TRAVEL EXPENSES.—Each member of the Com2 mission shall serve without compensation, but shall receive 

3 travel expenses, including per diem in lieu of subsistence, 

4 in accordance with applicable provisions in the same man5 ner as persons employed intermittently in the Government 

6 service are allowed expenses under section 5703 of title 

7 5, United States Code. 

8 (g) APPLICABILITY OF FACA.—The Federal Advi9 sory Committee Act, including any provisions applicable 

10 to staff, is deemed to apply to the Commission. 

11 (h) REPORTS OF COMMISSION; TERMINATION.— 

12 (1) INTERIM REPORT.—The Commission shall, 

13 not later than 1 year after the date of its first meet14 ing, submit to the President and the Congress an in15 terim report containing specific findings, conclu16 sions, and recommendations required under this sec17 tion and agreed to by a majority of Commission 

18 members. 

19 (2) OTHER REPORTS AND INFORMATION.— 

20 (A) REPORTS.—The Commission may 

21 issue additional reports as the Commission de22 termines necessary. 

23 (B) INFORMATION.—The Commission may 

24 hold public hearings to collect information and 


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1 shall make such information available for use 

2 by the public. 

3 (3) FINAL REPORT.—The Commission shall, 

4 not later than 2 years after the date of its first 

5 meeting, submit to the President and Congress a 

6 final report containing specific findings, conclusions, 

7 and recommendations required under this section 

8 and agreed to by a majority of Commission mem9 bers. 

10 (4) TERMINATION.— 

11 (A) IN GENERAL.—Unless reauthorized by 

12 statute, the Commission, and all the authorities 

13 of this section, shall terminate 180 days after 

14 the date on which the final report is submitted 

15 under paragraph (3). 

16 (B) RECORDS.—Not later than the date of 

17 termination of the Commission under subpara18 graph (A), all records and papers of the Com19 mission shall be delivered to the Archivist of the 

20 United States for deposit in the National Ar21 chives. 

22 (i) DEFINITIONS.—In this section: 

23 (1) OBESITY.—The term ‘‘obesity’’ with respect 

24 to children means having a body mass index (BMI) 

25 greater than or equal to the 95th percentile for age 


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1 and sex according to the Centers for Disease Control 

2 and Prevention. 

3 (2) CHILD; CHILDREN.—The terms ‘‘child’’ and 

4 ‘‘children’’ mean an individual or individuals, respec5 tively, who have not attained 18 years of age. 

6 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section, 

8 $1,500,000 for each of fiscal years 2011 and 2012. 

9 SEC. 208. GAO REPORT. 

10 Not later than 2 years after the first appropriation 

11 of Federal funds to carry out this Act, the Comptroller 

12 General of the United States shall submit to Congress a 

13 report on the effectiveness of the activities carried out 

14 under this Act in reducing child obesity, which shall in15 clude an analysis of the costs and the benefits of such ac16 tivities. 


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1 TITLE III—ENCOURAGING PHYS2 ICAL ACTIVITY IN UNDER3 SERVED AMERICAN COMMU4 NITIES 

5 SEC. 301. RENOVATION OF FORECLOSED AND ABANDONED 

6 PROPERTIES TO CREATE SPACES THAT EN7 COURAGE PHYSICAL ACTIVITY IN AMERICAN 

8 NEIGHBORHOODS. 

9 Section 106(a) of the Housing and Community De10 velopment Act of 1974 (42 U.S.C. 5306(a)) is amended— 

11 (1) in paragraph (3)— 

12 (A) by striking ‘‘(1) and’’ and inserting 

13 ‘‘(1),’’; and 

14 (B) by inserting ‘‘and after reserving such 

15 amounts for units of general local government, 

16 special district governments, and Indian tribes 

17 with high foreclosure rates and great infrastruc18 ture need under paragraph (4),’’ after ‘‘para19 graph (2),’’; 

20 (2) by redesignating paragraph (4) as para21 graph (5); 

22 (3) in paragraph (5), as redesignated by para23 graph (2) of this section, by striking ‘‘paragraphs 

24 (1), (2), and (3)’’ and inserting ‘‘paragraphs (1), 

25 (2), (3), and (4)’’; and 


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1 (4) by inserting after paragraph (3) the fol2 lowing new paragraph: 

3 ‘‘(4)(A) For each fiscal year, of the amount ap4 proved in appropriation Acts under section 103 for 

5 grants for such fiscal year (excluding the amounts 

6 provided for use in accordance with section 107), the 

7 Secretary shall reserve for grants to units of general 

8 local government, special district governments, and 

9 Indian tribes that the Secretary determines have 

10 both high foreclosure rates and the greatest infra11 structure needs, based on the scope of the needs, an 

12 amount the Secretary determines necessary. 

13 ‘‘(B) Grants under this paragraph may be used 

14 by units of general local government, special district 

15 governments, and Indian tribes to— 

16 ‘‘(i) renovate foreclosed commercial prop17 erties, abandoned commercial properties, or 

18 both, to be transformed in community centers, 

19 public recreation facilities, swimming pools, or 

20 any other type of facility that will encourage in21 door physical activity; 

22 ‘‘(ii) demolish foreclosed or abandoned 

23 commercial and residential properties, or both, 

24 to use the sites for— 


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1 ‘‘(I) the construction of parks, play2 grounds, outdoor swimming pools, tracks, 

3 soccer fields, baseball diamonds, or any 

4 other type of facility that will encourage 

5 outdoor physical activity; 

6 ‘‘(II) community gardens or urban 

7 farms, particularly in areas that are food 

8 deserts (as such term is defined in section 

9 7527(a) of the Food, Conservation, and 

10 Energy Act of 2008 (Public Law 110– 

11 234); or 

12 ‘‘(III) mixed used facilities that are 

13 used for both of the purposes under sub14 clauses (I) and (II) of this clause; and 

15 ‘‘(iii) reconstruct and repair dilapidated 

16 sidewalks, bike and pedestrian trails, and in17 door and outdoor facilities that encourage phys18 ical activity. 

19 ‘‘(C) In making grants under this paragraph, 

20 the Secretary shall give priority among units of gen21 eral local government, special district governments, 

22 and Indian tribes eligible pursuant to subparagraph 

23 (A)— 

24 ‘‘(i) to units of general local government, 

25 special district governments, and Indian tribes 


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1 that demonstrate the ability and willingness to 

2 work with local educational agencies, devel3 opers, and other community-based organizations 

4 to enter into mixed-use agreements to maximize 

5 the use and efficiency of properties renovated, 

6 constructed, or reconstructed and repaired 

7 through the use of grant funds; 

8 ‘‘(ii) to units of general local government, 

9 special district governments, and Indian tribes 

10 that demonstrate the willingness to recognize 

11 and promote the involvement of individuals en12 rolled in a national service program authorized 

13 under the National and Community Service Act 

14 of 1990 (42 U.S.C. 12501 et seq.) or the Do15 mestic Volunteer Service Act of 1973 (42 

16 U.S.C. 4950 et seq.) in the renovation, con17 struction, or reconstruction and repair of prop18 erties through the use of grant funds; and 

19 ‘‘(iii) to projects proposed by units of gen20 eral local government, special district govern21 ments, and Indian tribes that are easily acces22 sible, on foot or by public transportation, for 

23 persons in low-income communities. 

24 ‘‘(D) For purposes of this paragraph, the term 

25 ‘special district government’ means any organized 


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1 local entity, known by a variety of titles, including 

2 districts, authorities, boards, and commissions, other 

3 than a unit of general local government or local edu4 cational agency, authorized by State law to provide 

5 only one or a limited number of designated func6 tions, and with sufficient administrative and fiscal 

7 autonomy to qualify as a separate government unit, 

8 as determined by the Secretary.’’. 

9 SEC. 302. NATIONAL YOUTH SPORTS PROGRAM REVITAL10 IZATION. 

11 Section 682(g) of the Community Services Block 

12 Grant Act (42 U.S.C. 9923(g)) is amended by striking 

13 ‘‘$15,000,000’’ and all that follows through ‘‘2003’’, and 

14 inserting ‘‘$20,000,000 for each of the fiscal years 2011 

15 through 2021’’. 

16 SEC. 303. EXPANSION OF THE ZUNI YOUTH ENRICHMENT 

17 PROJECT SUMMER CAMP. 

18 (a) IN GENERAL.—The Secretary of Health and 

19 Human Services shall establish a 2-year pilot program to 

20 provide funds to community-based organizations on Indian 

21 reservations or tribal lands to plan and implement an en22 richment program for children (in the form of a summer 

23 camp and a year-round program) for the purpose of— 

24 (1) reversing the epidemics of obesity, diabetes, 

25 and alcoholism in such areas; and 


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1 (2) to mitigate other problems stemming from 

2 the formation of bad habits and the development of 

3 low self esteem during childhood. 

4 (b) PARTNERSHIPS.—In order to qualify for funding 

5 under subsection (a), a community-based organization 

6 shall demonstrate, to the satisfaction of the Secretary of 

7 Health and Human Services, that the community-based 

8 organization has entered into a partnership with commu9 nity entities, local funders, and tribal leaders (including, 

10 if applicable, the tribal council) to plan and execute an 

11 enrichment program under subsection (a). 

12 (c) NUMBER OF SITES.—The Secretary of Health 

13 and Human Services, in providing funding under sub14 section (a), shall provide funding to no more than 20 com15 munity-based organizations. 

16 (d) MODEL AND CAMP REQUIREMENT.—The enrich17 ment program under subsection (a) shall— 

18 (1) be modeled on similar programs established 

19 by the Zuni Youth Enrichment Project; and 

20 (2) shall include a camp of at least 6 weeks in 

21 duration during the summer. 

22 (e) SPECIFIC CAMP REQUIREMENTS.— 

23 (1) DAILY ACTIVITIES.—With respect to chil24 dren attending a camp under subsection (d)(2), the 

25 leader of the organization that receives funds under 


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1 subsection (a) shall, for each day of the camp, en2 sure that, such children are— 

3 (A) involved in at least 60 minutes of 

4 physical activity (with appropriate accommoda5 tions made for children with disabilities); and 

6 (B) provided with at least two meals that 

7 meet national nutritional standards. 

8 (2) OTHER ACTIVITIES.—Such leader shall also 

9 ensure that— 

10 (A) a community gardening activity is in11 cluded in the activities conducted at the camp; 

12 and 

13 (B) health and wellness education is pro14 vided to the children attending the camp. 

15 (f) EVALUATION.— 

16 (1) IN GENERAL.—A community-based organi17 zation that receives funding under subsection (a), 

18 shall, as a condition of receiving such funding, con19 duct an evaluation of the enrichment program con20 ducted by such organization. 

21 (2) MODEL.—The form, manner, content, and 

22 frequency of the evaluation under paragraph (1) 

23 shall be modeled on the Zuni Youth Enrichment 

24 Project standard project evaluation. 


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1 (g) REPORT.—Not later than 1 year after the date 

2 on which a community organization first receives funding 

3 under subsection (a) and annually thereafter, the organi4 zation shall— 

5 (1) submit a report to the to the Secretary of 

6 Health and Human Services on the outcomes of the 

7 enrichment program conducted by the organization 

8 under this section, including— 

9 (A) the findings of the evaluation con10 ducted under subsection (f); and 

11 (B) the impact of such enrichment pro12 gram on the rates of childhood obesity on the 

13 reservation or area of tribal land served by the 

14 organization; and 

15 (2) provide a copy of the findings under para16 graph (1)(A) to community entities, local funders, 

17 tribal leaders (including, if applicable, the tribal 

18 council), and the families of children participating in 

19 the enrichment program. 


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1 SEC. 304. MAKING ROUTES TO SCHOOLS IN UNDERSERVED 

2 COMMUNITIES SAFE AND ACCESSIBLE WITH 

3 PUBLIC PARTICIPATION THROUGH THE COM4 MUNITY ORIENTED POLICING SERVICES PRO5 GRAM. 

6 Section 1701 of the Omnibus Crime Control and Safe 

7 Streets Act of 1968 (42 U.S.C. 3796dd) is amended— 

8 (1) in subsection (b)— 

9 (A) in paragraph (16), by striking ‘‘and’’ 

10 after the semicolon; 

11 (B) in paragraph (17), by striking the pe12 riod and inserting ‘‘; and’’; and 

13 (C) by adding at the end the following new 

14 paragraph: 

15 ‘‘(18) award grants for Safe Routes to School16 Community Oriented Policing Services programs, in 

17 accordance with subsection (j).’’; and 

18 (2) by adding at the end the following new sub19 section: 

20 ‘‘(j) SAFE ROUTES TO SCHOOL-COMMUNITY ORI21 ENTED POLICING SERVICES PROGRAMS.— 

22 ‘‘(1) GRANT PROGRAM.—The Director of the 

23 Office of Community Oriented Policing Services, in 

24 collaboration with the Secretary of Education, shall 

25 award grants to not fewer than 10 local and tribal 

26 law enforcement agencies in low-income communities 


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1 for the planning, development, and assessment of 

2 Safe Routes to School-Community Oriented Policing 

3 Services programs in accordance with this sub4 section. 

5 ‘‘(2) GRANT PERIOD.—Each grant awarded 

6 under this subsection shall be for a 3-year period be7 ginning with the first fiscal year that begins after 

8 the date of enactment of the Fit for LIFE Act of 

9 2010, and may not be renewed. 

10 ‘‘(3) USE OF GRANTS.—A grant awarded under 

11 this subsection shall be used by each grantee to— 

12 ‘‘(A) assess the needs of the low-income 

13 community served by the grantee with respect 

14 to the ability of elementary and secondary 

15 school students to get to and from school safely; 

16 and 

17 ‘‘(B) establish and maintain a Safe Routes 

18 to School-Community Oriented Policing Serv19 ices program that ensures the availability of 

20 safe routes to and from school for elementary 

21 and secondary school students in underserved 

22 communities by addressing the unique personal 

23 safety dangers to students in such communities 

24 that may cause routes to or from school to be 

25 unsafe, such as dangers associated with crime, 


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1 drug or gang activity, abandoned properties, 

2 and the presence of sexual predators. 

3 ‘‘(4) REPORTS.—Not later than one year after 

4 receiving a grant award under this subsection, and 

5 annually thereafter, each grantee shall submit to the 

6 Director of the Office of Community Oriented Polic7 ing Services a report on the Safe Routes to School8 Community Oriented Policing Services program car9 ried out by the grantee that includes— 

10 ‘‘(A) a description of the activities carried 

11 out with such grant during the preceding year; 

12 ‘‘(B) the effectiveness of such activities in 

13 ensuring safe routes to and from school for ele14 mentary and secondary school students; 

15 ‘‘(C) a description of the activities the 

16 grantee plans to carry out with such grant in 

17 succeeding years; and 

18 ‘‘(D) best practices, plans, and findings for 

19 purposes of incorporation into urban planning 

20 and development in underserved communities in 

21 succeeding years. 

22 ‘‘(5) DEFINITION.—The term ‘low-income com23 munities’ includes— 

24 ‘‘(A) communities with a high percentage 

25 of children eligible for free and reduced priced 


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1 lunches under the Richard B. Russell National 

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

3 and 

4 ‘‘(B) any other communities determined by 

5 the Director of the Office of Community Ori6 ented Policing Services to be low-income for 

7 purposes of this section.’’. 

8 SEC. 305. LAND AND WATER CONSERVATION FUND PRO9 GRAM GRANTS IN LOW-INCOME COMMU10 NITIES AND EXPAND TRIBAL PARTICIPATION. 

11 Section 6(e) of the Land and Water Conservation Act 

12 of 1965 (16 U.S.C. 460l–8(e)) is amended by adding at 

13 the end the following: 

14 ‘‘(3) LOW-INCOME COMMUNITIES AND INDIAN

15 RESERVATIONS.—For development of programs to 

16 increase the use of and access to parks and open 

17 space in low-income communities and on or near In18 dian reservations.’’. 

19 SEC. 306. CHANGING HEARTS, ATTITUDES, AND MINDS BY 

20 PARTICIPATING IN SPORTS (CHAMPS) PRO21 GRAM. 

22 Part B of title III of the Public Health Service Act 

23 is amended by inserting after section 317T (42 U.S.C. 

24 247b–22) the following: 


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1 ‘‘SEC. 317U. CHANGING HEARTS, ATTITUDES, AND MINDS BY 

2 PARTICIPATING IN SPORTS (CHAMPS) PRO3 GRAM. 

4 ‘‘(a) IN GENERAL.—The Secretary, acting through 

5 the Director of the Centers for Disease Control and Pre6 vention, may make grants to eligible entities to carry out 

7 nationally-based or community-based qualified childhood 

8 obesity prevention initiatives. 

9 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to seek a 

10 grant under this section, an entity shall be— 

11 ‘‘(1) a nationally-based nonprofit organization 

12 proposing to implement programs described in sub13 section (c), each serving at least 1,000 individuals, 

14 at 5 or more locations across the Nation; or 

15 ‘‘(2) a community-based nonprofit organization 

16 proposing to implement a program described in sub17 section (c) serving at least 1,000 individuals. 

18 ‘‘(c) QUALIFIED CHILDHOOD OBESITY PREVENTION

19 INITIATIVE.—To qualify as a childhood obesity prevention 

20 initiative eligible for funding under this section, an initia21 tive shall consist of programs that— 

22 ‘‘(1) serve children or adolescents most at risk 

23 for being overweight and obese in predominantly 

24 economically disadvantaged communities; 

25 ‘‘(2) serve children or adolescents during after26 school hours, weekends, or summer hours; 


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1 ‘‘(3) provide structured physical fitness activi2 ties, including organized sports, which engage each 

3 participant in a minimum of 60 minutes of moderate 

4 to vigorous physical activity at least three days per 

5 week for a period of at least 24 weeks in a given 

6 year; 

7 ‘‘(4) provide adult supervision and guidance or 

8 coaches who encourage and teach proper exercise 

9 techniques and skills; 

10 ‘‘(5) combine physical fitness activities with nu11 tritional counseling and education; and 

12 ‘‘(6) demonstrate measurable results for reduc13 ing childhood obesity on the part of participants, in14 cluding through— 

15 ‘‘(A) measurement and study of partici16 pants’ moderate to vigorous physical activity 

17 (MVPA) each day, both as part of the pro18 grams funded under this section and on the 

19 participants’ own initiative; 

20 ‘‘(B) increased knowledge of and aware21 ness about the importance of physical activity 

22 and exercise as well as the nutritional value of 

23 food and beverage choices; 

24 ‘‘(C) keeping track of and reporting mean25 ingful reductions in the consumption of food 


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1 and beverages with low nutritional value, in2 creased consumption of healthy items, and in3 creased levels of unstructured, self-initiated 

4 physical activity outside of the programs funded 

5 under this section; and 

6 ‘‘(D) measurement and study of partici7 pants’ body mass index (BMI) indicating 

8 that— 

9 ‘‘(i) children entering programs fund10 ed under this section with a healthy body 

11 mass index maintain it while participating 

12 in such programs; and 

13 ‘‘(ii) children participating in such 

14 programs with an unhealthy body mass 

15 index halt any negative trend lines towards 

16 obesity or begin trend lines in a positive di17 rection. 

18 ‘‘(d) PRIORITY.—In selecting among applicants for 

19 grants under this section, the Secretary shall give priority 

20 to eligible entities proposing to carry out programs that 

21 will provide additional societal benefits, such as— 

22 ‘‘(1) improvements to academic performance in 

23 school; 

24 ‘‘(2) character building and leadership develop25 ment; 


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1 ‘‘(3) gang and juvenile delinquency prevention 

2 and reduction; 

3 ‘‘(4) gender equality and female empowerment; 

4 ‘‘(5) mentoring, volunteerism promotion, and 

5 service-learning opportunities; 

6 ‘‘(6) family and community engagement and 

7 participation; or 

8 ‘‘(7) workforce education and career develop9 ment opportunities. 

10 ‘‘(e) DISTRIBUTION OF FUNDS.—Of the amount 

11 made available to carry out this section for a fiscal year, 

12 the Secretary shall award— 

13 ‘‘(1) not less than 25 percent of such amount 

14 to nationally-based nonprofit organizations described 

15 in subsection (b)(1); and 

16 ‘‘(2) not more than 75 percent of such amount 

17 to community-based nonprofit organizations de18 scribed in subsection (b)(2). 

19 ‘‘(f) COST-SHARE REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—With respect to the costs of 

21 a qualified childhood obesity prevention initiative to 

22 be carried out under this section— 

23 ‘‘(A) in the case of an applicant that is a 

24 nationally-based nonprofit organization, a grant 

25 under subsection (a) may be made only if the 


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1 organization agrees to make available (directly 

2 or through donations from public or private en3 tities) non-Federal contributions toward such 

4 costs in an amount that is not less than one5 third of such costs ($1 for each $2 of Federal 

6 funds provided in the grant); and 

7 ‘‘(B) in the case of an applicant that is a 

8 community-based nonprofit organization, a 

9 grant under subsection (a) may be made only if 

10 the organization agrees to make available (di11 rectly or through donations from public or pri12 vate entities) non-Federal contributions toward 

13 such costs in an amount that is not less than 

14 one-fourth of such costs ($1 for each $3 of Fed15 eral funds provided in the grant). 

16 ‘‘(2) NON-FEDERAL CONTRIBUTIONS BY SUB17 GRANTEES.—If a nationally-based nonprofit organi18 zation chooses to provide grant funds received under 

19 this section to a subgrantee to carry out one or more 

20 programs as part of the organization’s qualified 

21 childhood obesity prevention initiative, the organiza22 tion shall require the subgrantee to make available 

23 (directly or through donations from public or private 

24 entities) non-Federal contributions toward the costs 

25 of such programs in an amount that is not less than 


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1 one-third of such costs ($1 for each $2 of Federal 

2 funds provided in the grant). The amount of non3 Federal contributions by subgrantees required under 

4 this paragraph is in addition to the amount of non5 Federal contributions by the nationally-based non6 profit organization required under paragraph (1). 

7 ‘‘(3) DETERMINATION OF AMOUNT CONTRIB8 UTED.— 

9 ‘‘(A) IN GENERAL.—Non-Federal contribu10 tions required by paragraph (1) or (2)— 

11 ‘‘(i) in the case of a nationally-based 

12 nonprofit organization, shall be made in 

13 cash; and 

14 ‘‘(ii) in the case of a subgrantee de15 scribed in paragraph (2) or a community16 based nonprofit organization, may be in 

17 cash or in kind, fairly evaluated, including 

18 plant, equipment, or services. 

19 ‘‘(B) EXCLUSION OF FEDERAL CONTRIBU20 TIONS.—Amounts provided by the Federal Gov21 ernment, or services assisted or subsidized to 

22 any significant extent by the Federal Govern23 ment, may not be included in determining the 

24 amount of non-Federal contributions required 

25 by paragraph (1) or (2). 


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1 ‘‘(g) REPORT TO CONGRESS.—Not later than one 

2 year after the first appropriation of Federal funds to carry 

3 out this section, the Secretary shall report to the Congress 

4 on the progress made in carrying out programs funded 

5 by grants under this section. 

6 ‘‘(h) BEST PRACTICES GUIDELINES.—Based on the 

7 results of programs funded through grants under this sec8 tion during the first two fiscal years of such funding, the 

9 Secretary shall develop publicly-accessible best practices 

10 guidelines for obesity reduction programs. The Secretary 

11 shall update these guidelines every two years. 

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

13 carry out this section, there is authorized to be appro14 priated $50,000,000 for each of fiscal years 2011 through 

15 2015.’’. 

16 SEC. 307. COORDINATED SCHOOL HEALTH INITIATIVES. 

17 (a) IN GENERAL.—From the amounts appropriated 

18 to carry out this section, the Secretary of Education shall 

19 carry out a pilot program to award grants to not more 

20 than 5 eligible entities to carry out coordinated school 

21 health initiatives in schools. 

22 (b) AMOUNT OF GRANT.—A grant awarded under 

23 subsection (a) may not exceed $15,000. 

24 (c) USE OF FUNDS.—An eligible entity receiving a 

25 grant under this section shall carry out a coordinated 


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1 school health initiative in each school under the jurisdic2 tion of the entity under which the entity shall— 

3 (1) carry out a program, such as a fitnessgram, 

4 to assess the physical fitness (including aerobic ca5 pacity, muscular strength and endurance, flexibility, 

6 and body composition) of each student served by the 

7 entity; and 

8 (2) evaluate such assessments to— 

9 (A) establish baselines with respect to aer10 obic capacity, muscular strength and endur11 ance, flexibility, and body composition that each 

12 such student should meet by a certain period; 

13 and 

14 (B) identify interventions to assist each 

15 such student in meeting such baselines; 

16 (3) review the interventions identified under 

17 paragraph (2)(B) to determine the best practices 

18 with respect to such interventions; 

19 (4) use the determinations for best practices 

20 under paragraph (3) to implement interventions in 

21 each school under the jurisdiction of the entity; and 

22 (5) not later than 1 year after the implementa23 tion of the interventions, assess the physical fitness 

24 of each student served by the entity. 

25 (d) REPORTING.— 


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1 (1) ELIGIBLE ENTITY.—Each eligible entity re2 ceiving a grant under this section shall submit to the 

3 Secretary at such time and in such manner as deter4 mined by the Secretary, a report on— 

5 (A) the initial physical fitness assessments 

6 carried out under subsection (c)(1); 

7 (B) the interventions implemented under 

8 subsection (c)(4); and 

9 (C) the physical fitness assessments car10 ried out under subsection (c)(5) after the inter11 ventions have been implemented. 

12 (2) SECRETARY.—Not later than the first ap13 propriation of Federal funds to carry out this sec14 tion, the Secretary shall use the reports received 

15 under paragraph (1) to prepare and transmit to 

16 Congress a report on— 

17 (A) the average physical fitness levels of 

18 students participating in the coordinated school 

19 health initiative under this section— 

20 (i) prior to the interventions imple21 mented by each eligible entity under this 

22 section; and 

23 (ii) 1 year after the implementation of 

24 the interventions; 


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1 (B) the best practices with respect to the 

2 interventions; and 

3 (C) recommendations on how schools and 

4 local educational agencies may incorporate such 

5 best practices. 

6 (e) APPLICATION.—To receive a grant under this sec7 tion, an eligible entity shall submit an application to the 

8 Secretary of Education at such time, in such manner, and 

9 containing such information as the Secretary may require. 

10 (f) SUPPLEMENT, NOT SUPPLANT.—Funds received 

11 under this section shall be used to supplement, and not 

12 supplant, non-Federal funds that would otherwise be used 

13 for activities authorized under this section. 

14 (g) DEFINITIONS.—For purposes of this section: 

15 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means a local educational agency— 

17 (A) that serves— 

18 (i) a high percentage of students eligi19 ble for free or reduced price lunches under 

20 the Richard B. Russell National School 

21 Lunch Act; or 

22 (ii) a community otherwise determined 

23 by the Secretary to be a low-income com24 munity; and 


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1 (B) that forms a partnership with an insti2 tution of higher education or a nonprofit health 

3 or education organization, as determined by the 

4 Secretary, for the purposes of carrying out the 

5 coordinated school health initiative described in 

6 subsection (c). 

7 (2) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘‘institution of higher education’’ has the 

9 meaning given the term in section 101 of the Higher 

10 Education Act of 1965 (20 U.S.C. 1001). 

11 (3) LOCAL EDUCATIONAL AGENCY.—The term 

12 ‘‘local educational agency’’ has the meaning given 

13 such term in section 9101 of the Elementary and 

14 Secondary Education Act of 1965 (20 U.S.C. 7801). 

15 (4) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Agriculture. 

17 SEC. 308. REWARDING ELEMENTARY AND SECONDARY 

18 SCHOOLS FOR OUTSTANDING STUDENT PER19 FORMANCE IN PHYSICAL FITNESS PRO20 GRAMS. 

21 (a) IN GENERAL.—The Secretary of Health and 

22 Human Services may make grants to elementary and sec23 ondary schools as rewards for their students’ outstanding 

24 performance in the President’s Challenge or other feder25 ally supported physical fitness programs. 


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1 (b) PREFERENCE.—In making grants under sub2 section (a), the Secretary shall give preference to elemen3 tary and secondary schools that— 

4 (1) have the highest percentage of students 

5 earning a Presidential Physical Fitness Award 

6 through the President’s Challenge; and 

7 (2) demonstrate the greatest improvement in 

8 the number or percentage of students earning the 

9 National Physical Fitness Award and the Partici10 pant Physical Fitness Award through the Presi11 dent’s Challenge. 

12 (c) USE OF FUNDS.—As a condition on receipt of a 

13 grant under this section, a school shall agree to use the 

14 grant funds for programs and activities to further improve 

15 the physical fitness of students. 

16 (d) APPLICATION.—To seek a grant under this sec17 tion, a school shall submit an application at such time, 

18 in such manner, and containing such information as the 

19 Secretary may require. At a minimum, an application 

20 under this subsection shall include— 

21 (1) a description of the school’s programs and 

22 activities for improving physical fitness; 

23 (2) an assurance of compliance with applicable 

24 requirements of physical fitness programs of the De25 partment of Health and Human Services; and 


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1 (3) an assessment of physical fitness levels of 

2 students in the school before, during, and after im3 plementation such programs. 

4 (e) REPORTS.— 

5 (1) HHS.—Not later than 18 months after the 

6 date of the enactment of this Act, and annually 

7 thereafter, the Secretary shall submit a report to the 

8 Congress on the program of grants under this sec9 tion, including— 

10 (A) a description of best practices by ele11 mentary and secondary schools for improving 

12 physical fitness; and 

13 (B) any recommendations for improving 

14 the program under this section. 

15 (2) GAO.—Not later than 24 months after the 

16 date of the enactment of this Act, the Comptroller 

17 General of the United States shall complete a study 

18 and submit a report to the Congress— 

19 (A) analyzing physical fitness levels of stu20 dents in elementary and secondary schools 

21 across the Nation; 

22 (B) evaluating the President’s Challenge to 

23 determine whether the standards for Presi24 dential Physical Fitness Awards, National 

25 Physical Fitness Awards, and Participant PhysVerDate Mar 15 2010 02:46 Oct 09, 2010 Jkt 099200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H6258.IH H6258

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1 ical Fitness Awards are accurate, up-to-date, 

2 and appropriate; and 

3 (C) evaluating the effectiveness of the 

4 awards described in subparagraph (B). 

5 (f) DEFINITIONS.—In this section: 

6 (1) The term ‘‘elementary and secondary 

7 schools’’ means public or private elementary schools 

8 and secondary schools (as defined in section 9101 of 

9 the Elementary and Secondary Education Act of 

10 1965 (20 U.S.C. 7801)). 

11 (2) The term ‘‘President’s Challenge’’ refers to 

12 the premier program of the President’s Council on 

13 Fitness, Sports & Nutrition, under the Secretary of 

14 Health and Human Services, for increasing physical 

15 activity and improving physical fitness. 

16 (3) The term ‘‘Secretary’’ means the Secretary 

17 of Health and Human Services. 

Æ 


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