I 

112TH CONGRESS 

1ST SESSION H. R. 2795 

To address childhood obesity, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 5, 2011 

Ms. FUDGE (for herself, Mrs. CHRISTENSEN, Ms. LEE of California, and Mr. 

PAYNE) introduced the following bill 

SEPTEMBER 6, 2011 

Referred to the Committee on Energy and Commerce, and in addition to the 

Committees on Education and the Workforce, Ways and Means, Natural 

Resources, the Judiciary, Financial Services, and Agriculture, 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 2011’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 2795 IH

Sec. 2. Table of contents. 

TITLE I—IMPROVING THE NUTRITIONAL QUALITY OF AND 

ACCESS TO FOODS IN UNDERSERVED AMERICAN COMMUNITIES 

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

Communities 

Sec. 101. Food deserts: Addressing the Lack of Supermarkets in Underserved 

Communities. 

Sec. 102. Expansion of the Fresh Fruit and Vegetable Program. 

Sec. 103. Expanding Access to the Summer Food Service Program for Children. 

Sec. 104. Study and report on physical activity and nutritional quality of meals 

and snacks served, in juvenile justice facilities. 

Sec. 105. Local food insecurity assessments: assessing the unique nutritional 

needs of local communities. 

Sec. 106. Weekends and holidays without hunger. 

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

Communities 

Sec. 111. Improving Healthy Eating and Physical Activity Among our Youngest Children. 

Sec. 112. 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. 

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. 


jbell on DSK7SPTVN1PROD with BILLS
3 

•HR 2795 IH

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—Access to Nutritious 

7 and Quality Foods in Under8 served American Communities 

9 SEC. 101. FOOD DESERTS: ADDRESSING THE LACK OF SU10 PERMARKETS IN UNDERSERVED COMMU11 NITIES. 

12 (a) ESTABLISHMENT OF GRANT PROGRAM.—From 

13 the amounts appropriated to carry out this section, the 

14 Secretary of Agriculture shall award grants to local part15 nerships to establish, or enhance existing, supermarkets 

16 that sell fresh fruits and produce in low-income commu17 nities located in food deserts. 

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

19 this section, a local partnership shall submit an applica20 tion to the Secretary at such time, in such manner, and 

21 containing such information as the Secretary may require. 

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

23 grant funds received under this section to establish, or enVerDate Mar 15 2010 04:56 Sep 07, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2795.IH H2795

jbell on DSK7SPTVN1PROD with BILLS
4 

•HR 2795 IH

1 hance an existing, a supermarket in a low-income commu2 nity located in a food desert and assist the supermarket 

3 in carrying out the following activities: 

4 (1) Selling fresh fruit and produce at prices 

5 that, to the maximum extent practicable, are afford6 able for most individuals in the low-income commu7 nity. 

8 (2) Making the supermarket available for 

9 youth-centered, hands-on educational instruction and 

10 information on healthy cooking and nutrition. 

11 (3) Providing community outreach services that 

12 encourage health and wellness to individuals in the 

13 low-income community. 

14 (d) REPORTING.— 

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

16 years after receiving a grant under this section, a 

17 local partnership shall submit a report to the Sec18 retary on the success of the supermarket established 

19 using such funds. 

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

21 under paragraph (1), the Secretary shall transmit 

22 such report to Congress. 

23 (e) DEFINITIONS.—In this section: 

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

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


jbell on DSK7SPTVN1PROD with BILLS
5 

•HR 2795 IH

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

2 (Public Law 110–234). 

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

4 partnership’’ means a partnership between— 

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

6 State, or a tribal government; and 

7 (B) a— 

8 (i) public or private organization; or 

9 (ii) not-for profit entity. 

10 (3) LOW-INCOME COMMUNITY.—The term ‘‘low11 income community’’ includes a low-income commu12 nity (as such term is defined by the Secretary) lo13 cated in an urban area. 

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

15 the Secretary of Agriculture. 

16 (5) SUBURBAN COMMUNITY.—The term ‘‘sub17 urban community’’ has the meaning given such term 

18 by the Secretary. 

19 (6) STATE.—The term ‘‘State’’ includes, in ad20 dition to the several States of the United States, the 

21 Commonwealth of Puerto Rico, the District of Co22 lumbia, the Virgin Islands, Guam, American Samoa, 

23 and the Commonwealth of the Northern Mariana Is24 lands. 


jbell on DSK7SPTVN1PROD with BILLS
6 

•HR 2795 IH

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

2 means any establishment under Code 445110 of the 

3 North American Industry Classification System. 

4 (8) UNIT OF GENERAL LOCAL GOVERNMENT.— 

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

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

7 other general purpose political subdivision of a 

8 State. 

9 SEC. 102. EXPANSION OF THE FRESH FRUIT AND VEGE10 TABLE PROGRAM. 

11 Section 19 of the Richard B. Russell National School 

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

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

14 schools, child care centers, and family child care 

15 homes’’ after ‘‘elementary schools’’; 

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

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

18 (3) in subsection (d)— 

19 (A) in the heading, by inserting ‘‘, CEN20 TERS, OR HOMES’’; 

21 (B) in paragraph (1)— 

22 (i) in the matter preceding subpara23 graph (A), by inserting ‘‘, centers, or 

24 homes’’ after ‘‘schools’’; 


jbell on DSK7SPTVN1PROD with BILLS
7 

•HR 2795 IH

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

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

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

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

5 (iv) by amending subparagraph (C) to 

6 read as follows: 

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

8 elementary school or secondary school (as such 

9 terms are defined in section 9101 of the Ele10 mentary and Secondary Education Act of 1965 

11 (20 U.S.C. 7801)), each center selected is a 

12 child care center (as such term is defined in 

13 section 399OO of the Public Health Service 

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

15 care home (as such term is defined in section 

16 399OO of the Public Health Service Act).’’; and 

17 (v) in subparagraph (D)— 

18 (I) in the matter preceding clause 

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

20 after ‘‘schools’’; 

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

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

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

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

25 by the school’’; 


jbell on DSK7SPTVN1PROD with BILLS
8 

•HR 2795 IH

1 (C) in paragraph (2), by inserting ‘‘, cen2 ters, or homes’’ after each place ‘‘schools’’ ap3 pears; and 

4 (D) in paragraph (3), by inserting ‘‘, cen5 ters, or homes’’ after each place ‘‘schools’’ ap6 pears; and 

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

8 home’’ after ‘‘school’’. 

9 SEC. 103. EXPANDING ACCESS TO THE SUMMER FOOD 

10 SERVICE PROGRAM FOR CHILDREN. 

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

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

13 (1) in paragraph (1)(A), by striking ‘‘50 per14 cent’’ each place it appears and inserting ‘‘40 per15 cent’’; 

16 (2) by repealing paragraph (9); and 

17 (3) in paragraph (10)— 

18 (A) in subparagraph (A)— 

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

20 inserting ‘‘From the amounts appropriated 

21 to carry out this paragraph, the Sec22 retary’’; and 

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


jbell on DSK7SPTVN1PROD with BILLS
9 

•HR 2795 IH

1 (B) in subparagraph (C), by striking ‘‘fis2 cal year 2006’’ and inserting ‘‘fiscal year 

3 2012’’; 

4 (C) in subparagraph (D)— 

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

6 inserting ‘‘January 1, 2012’’; and 

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

8 and inserting ‘‘January 1, 2013’’; and 

9 (D) by striking subparagraph (E). 

10 SEC. 104. STUDY AND REPORT ON PHYSICAL ACTIVITY AND 

11 NUTRITIONAL QUALITY OF MEALS AND 

12 SNACKS SERVED, IN JUVENILE JUSTICE FA13 CILITIES. 

14 (a) STUDY.—The Administrator of the Office of Ju15 venile Justice and Delinquency Prevention, in consultation 

16 with the Secretary of Agriculture, shall conduct a study 

17 on— 

18 (1) the amount of physical activity by juveniles 

19 in juvenile justice facilities, including the types of 

20 physical activities in which such juveniles partici21 pate, how many hours per day such juveniles partici22 pate in physical activities, and the adequacy of the 

23 amounts and types of physical activity of such juve24 niles; and 


jbell on DSK7SPTVN1PROD with BILLS
10 

•HR 2795 IH

1 (2) the nutritional quality of meals and snacks 

2 served in juvenile justice facilities. 

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

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

5 of Juvenile Justice and Delinquency Prevention, in con6 sultation with the Secretary of Agriculture, shall submit 

7 to Congress a report on the findings of the study con8 ducted under subsection (a), including an evaluation of 

9 whether the amounts and types of physical activity by ju10 veniles, and the nutritional quality of meals and snacks 

11 served, in juvenile justice facilities are adequate to ensure 

12 the health and wellness of such juveniles. 

13 SEC. 105. LOCAL FOOD INSECURITY ASSESSMENTS: ASSESS14 ING THE UNIQUE NUTRITIONAL NEEDS OF 

15 LOCAL COMMUNITIES. 

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

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

18 award grants to local and tribal governments, on a com19 petitive basis, to allow such local and tribal governments, 

20 in partnership with the local community organizations 

21 under subsection (e), to— 

22 (1) conduct a food security assessment; and 

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

24 identify the strengths and gaps in such system. 


jbell on DSK7SPTVN1PROD with BILLS
11 

•HR 2795 IH

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

2 of conducting an Assessment and making an inventory 

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

4 community served by a local or tribal government, such 

5 government shall examine the following food security and 

6 food system issues in the community: 

7 (1) The prevalence of childhood obesity. 

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

9 children. 

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

11 child care settings. 

12 (4) The availability of supermarkets. 

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

14 vegetables. 

15 (6) The concentration of convenience stores, 

16 and other food vendors that sell a disproportionate 

17 amount of foods that are not fresh fruits and vegeta18 bles. 

19 (7) The availability of products. 

20 (8) The concentration of fast food restaurants. 

21 (9) The availability of green space or recreation 

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

23 encourage physical activity by adults and children. 

24 (10) Any other issues determined to be relevant 

25 by the local or tribal government. 


jbell on DSK7SPTVN1PROD with BILLS
12 

•HR 2795 IH

1 (11) Any other issues determined to be relevant 

2 by the Secretary of Health and Human Services. 

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

4 and Human Services, in awarding grants under subsection 

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

6 (1) 20 local governments; and 

7 (2) 5 tribal governments. 

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

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

10 give priority to those local and tribal governments that 

11 serve communities with the highest concentrations of pov12 erty. 

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

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

15 government shall demonstrate, to the satisfaction of the 

16 Secretary of Health and Human Services, that the local 

17 or tribal government has entered into a partnership (for 

18 the purpose of conducting an assessment and making an 

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

20 following local community organizations: 

21 (1) A nonprofit community-based organization 

22 or entity. 

23 (2) A developer or urban planning institution. 

24 (3) An accredited college or university. 


jbell on DSK7SPTVN1PROD with BILLS
13 

•HR 2795 IH

1 (4) A freestanding children’s hospital or center 

2 with expertise in child health and policy. 

3 SEC. 106. WEEKENDS AND HOLIDAYS WITHOUT HUNGER. 

4 Section 18 of the Richard B. Russell National School 

5 Lunch Act (42 U.S.C. 1769) is amended by adding at the 

6 end the following: 

7 ‘‘(l) WEEKENDS AND HOLIDAYS WITHOUT HUN8 GER.— 

9 ‘‘(1) DEFINITIONS.—In this subsection: 

10 ‘‘(A) AT-RISK SCHOOL CHILD.—The term 

11 ‘at-risk school child’ has the meaning given the 

12 term in section 17(r)(1). 

13 ‘‘(B) ELIGIBLE INSTITUTION.— 

14 ‘‘(i) IN GENERAL.—The term ‘eligible 

15 institution’ means a public or private non16 profit institution that is determined by the 

17 Secretary to be able to meet safe food stor18 age, handling, and delivery standards es19 tablished by the Secretary. 

20 ‘‘(ii) INCLUSIONS.—The term ‘eligible 

21 institution’ includes— 

22 ‘‘(I) an elementary or secondary 

23 school or school food service authority; 

24 ‘‘(II) a food bank or food pantry; 

25 ‘‘(III) a homeless shelter; and 


jbell on DSK7SPTVN1PROD with BILLS
14 

•HR 2795 IH

1 ‘‘(IV) such other type of emer2 gency feeding agency as is approved 

3 by the Secretary. 

4 ‘‘(2) ESTABLISHMENT.—Subject to the avail5 ability of appropriations provided in advance in an 

6 appropriations Act specifically for the purpose of 

7 carrying out this subsection, the Secretary shall es8 tablish a program under which the Secretary shall 

9 provide commodities, on a competitive basis, to eligi10 ble institutions to provide nutritious food to at-risk 

11 children on weekends and during extended school 

12 holidays during the school year. 

13 ‘‘(3) ELIGIBILITY.— 

14 ‘‘(A) IN GENERAL.—To be eligible to re15 ceive commodities under this subsection, an eli16 gible institution shall submit an application to 

17 the Secretary at such time, in such manner, 

18 and containing such information as the Sec19 retary may determine. 

20 ‘‘(B) PLAN.—An application under sub21 paragraph (A) shall include the plan of the eli22 gible institution for the distribution of nutri23 tious foods to at-risk school children, includ24 ing— 


jbell on DSK7SPTVN1PROD with BILLS
15 

•HR 2795 IH

1 ‘‘(i) methods of food service delivery 

2 to at-risk school children; 

3 ‘‘(ii) assurances that children receiv4 ing foods under the project will not be pub5 licly separated or overtly identified; 

6 ‘‘(iii) lists of the types of food to be 

7 provided under the project and provisions 

8 to ensure food quality and safety; 

9 ‘‘(iv) information on the number of 

10 at-risk school children to be served and the 

11 per-child cost of providing the children 

12 with food; and 

13 ‘‘(v) such other information as the 

14 Secretary determines to be necessary to as15 sist the Secretary in evaluating projects 

16 that receive commodities under this sub17 section. 

18 ‘‘(4) PRIORITY.—In selecting applications under 

19 this subsection, the Secretary shall give priority to 

20 eligible institutions that— 

21 ‘‘(A) have on-going programs and experi22 ence serving populations with significant pro23 portions of at-risk school children; 

24 ‘‘(B) have a good record of experience in 

25 food delivery and food safety systems; 


jbell on DSK7SPTVN1PROD with BILLS
16 

•HR 2795 IH

1 ‘‘(C) maintain high quality control, ac2 countability, and recordkeeping standards; 

3 ‘‘(D) provide children with readily 

4 consumable food of high nutrient content and 

5 quality; 

6 ‘‘(E) demonstrate cost efficiencies and the 

7 potential for obtaining supplemental funding 

8 from non-Federal sources to carry out projects; 

9 and 

10 ‘‘(F) demonstrate the ability to continue 

11 projects for the full approved term of the pilot 

12 project period. 

13 ‘‘(5) GUIDELINES.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 issue guidelines containing the criteria for 

16 projects to receive commodities under this sec17 tion. 

18 ‘‘(B) INCLUSIONS.—The guidelines shall, 

19 to the maximum extent practicable within the 

20 funds available and applications submitted, take 

21 into account— 

22 ‘‘(i) geographical variations in project 

23 locations to include qualifying projects in 

24 rural, urban, and suburban areas with high 


jbell on DSK7SPTVN1PROD with BILLS
17 

•HR 2795 IH

1 proportions of families with at-risk school 

2 children; 

3 ‘‘(ii) different types of projects that 

4 offer nutritious foods on weekends and 

5 during school holidays to at-risk school 

6 children; and 

7 ‘‘(iii) institutional capacity to collect, 

8 maintain, and provide statistically valid in9 formation necessary for the Secretary— 

10 ‘‘(I) to analyze and evaluate the 

11 results of the pilot project; and 

12 ‘‘(II) to make recommendations 

13 to Congress. 

14 ‘‘(6) EVALUATION.— 

15 ‘‘(A) INTERIM EVALUATION.—Not later 

16 than November 30, 2013, the Secretary shall 

17 complete an interim evaluation of the pilot pro18 gram carried out under this subsection. 

19 ‘‘(B) FINAL REPORT.—Not later than De20 cember 31, 2015, the Secretary shall submit to 

21 Congress a final report that contains— 

22 ‘‘(i) an evaluation of the pilot pro23 gram carried out under this subsection; 

24 and 


jbell on DSK7SPTVN1PROD with BILLS
18 

•HR 2795 IH

1 ‘‘(ii) any recommendations of the Sec2 retary for legislative action. 

3 ‘‘(7) FUNDING.— 

4 ‘‘(A) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appropriated 

6 to carry out this section such sums as are nec7 essary, to remain available until expended. 

8 ‘‘(B) AVAILABILITY OF FUNDS.—Not more 

9 than 3 percent of the funds made available 

10 under subparagraph (A) may be used by the 

11 Secretary for expenses associated with review of 

12 the operations and evaluation of the projects 

13 carried out under this subsection.’’. 

14 Subtitle B—Ensuring a Healthy 

15 Start for Children in Under16 served American Communities 

17 SEC. 111. IMPROVING HEALTHY EATING AND PHYSICAL AC18 TIVITY AMONG OUR YOUNGEST CHILDREN. 

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

20 241 et seq.) is amended by adding at the end the fol21 lowing: 

22 ‘‘PART W—HEALTHY KIDS PROGRAM 

23 ‘‘SEC. 399OO. DEFINITIONS. 

24 ‘‘In this part: 


jbell on DSK7SPTVN1PROD with BILLS
19 

•HR 2795 IH

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

2 care center’ means a center licensed or otherwise au3 thorized to provide child care services for fewer than 

4 24 hours per day per child in a non-residential set5 ting, unless care in excess of 24 hours is due to the 

6 nature of the parents’ work. 

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

8 ‘early learning council’ means an early childhood as9 sembly that is established to advise governors, State 

10 legislators, or State agency administrators on how 

11 best to meet the needs of young children and their 

12 families specifically through improvement of pro13 grams and services. 

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

15 ‘family child care home’ means a private family 

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

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

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

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

20 which it is located. 

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

22 time limits’ means policies or guidelines, such as 

23 those developed by the American Academy of Pediat24 rics, designed to reduce the daily amount of time 

25 that children spend watching or looking at digital 


jbell on DSK7SPTVN1PROD with BILLS
20 

•HR 2795 IH

1 monitors or displays, including television sets, com2 puter monitors, or hand-held gaming devices. 

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

4 the Secretary of Health and Human Services. 

5 ‘‘SEC. 399OO–1. GRANTS. 

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

7 with appropriate entities within the Department of Health 

8 and Human Services, shall award 3-year competitive 

9 grants to 5 State health departments (or other appro10 priate child care licensing entities within such States) to 

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

12 old population of the State in child care settings outside 

13 a child’s place of residence. 

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

15 amounts received under a grant under this subsection to— 

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

17 training (that meets the requirements of subsection 

18 (c)) to the staff of national, State, or community19 based organizations with networks of child care cen20 ters, or a consortium of child care centers and fam21 ily child care homes consisting of at least 10 centers, 

22 for the purpose of implementing evidence-based or 

23 data-informed healthy eating and physical activity 

24 policies and practices, including curricula and other 

25 interventions; and 


jbell on DSK7SPTVN1PROD with BILLS
21 

•HR 2795 IH

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

2 family child care homes, whose staff received the 

3 training described in paragraph (1), to implement 

4 practice, curricula, and policy changes (that meet 

5 the requirements of subsection (d)) that promote 

6 healthy eating and physical activity among the birth 

7 to 5 years of age population. 

8 Preference in awarding grants shall be given to those 

9 States that demonstrate collaboration between relevant 

10 State entities related to child care and health and with 

11 key stakeholders, such as State early learning councils and 

12 other community-based organizations working with child 

13 care centers or family child care homes. 

14 ‘‘(c) TRAINING REQUIREMENTS.— 

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

16 subsection (b) shall— 

17 ‘‘(A) include the provision of information 

18 concerning age-appropriate healthy eating and 

19 physical activity interventions and culturally 

20 competent curricula for the birth to 5 years of 

21 age population in the State involved, which at 

22 a minimum shall include— 

23 ‘‘(i) a handbook that includes rec24 ommendations, guidelines, and best prac25 tices for child care centers and family child 


jbell on DSK7SPTVN1PROD with BILLS
22 

•HR 2795 IH

1 care homes relating to healthy eating, 

2 physical activity, and screen time reduc3 tion; 

4 ‘‘(ii) information about the availability 

5 of and services provided by child care 

6 health consultants; and 

7 ‘‘(iii) health and wellness resources 

8 available through the Child Care Bureau 

9 and the Maternal and Child Health Bu10 reau; 

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

12 nutrition and physical activity best practices 

13 targeted to the birth to 5 years of age popu14 lation in the State involved and identify strate15 gies for incorporating parental education and 

16 other parental involvement; and 

17 ‘‘(C) provide instruction on how to appro18 priately model, direct, and encourage child care 

19 staff behavior to apply the best practices and 

20 strategies identified under subparagraph (B). 

21 ‘‘(2) TRAINING ENTITIES.—A grantee may con22 duct the training required under this section di23 rectly, or may provide such training through a con24 tract with— 


jbell on DSK7SPTVN1PROD with BILLS
23 

•HR 2795 IH

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

2 community organization with relevant expertise; 

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

4 organization with relevant expertise; 

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

6 employs faculty with relevant expertise; or 

7 ‘‘(D) any other entity determined appro8 priate by the State and approved by the Sec9 retary. 

10 ‘‘(3) REQUIREMENT OF CONTRACT.—If a grant11 ee elects to provide the training under this section 

12 through a contract, the grantee shall ensure that a 

13 consistent healthy eating and physical activity cur14 riculum is being developed for all child care entities 

15 participating in the pilot program in the State. 

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

17 CHANGES.—After training is provided as required under 

18 subsection (c), a State grantee shall ensure that the orga19 nizations and consortium involved— 

20 ‘‘(1) implement, in child care settings, evidence21 based or data-informed policy changes that promote 

22 healthy eating, physical activity, and appropriate 

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

24 population; 


jbell on DSK7SPTVN1PROD with BILLS
24 

•HR 2795 IH

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

2 culturally competent healthy eating and physical ac3 tivity curriculum in child care settings focusing on 

4 such birth to age 5 population; 

5 ‘‘(3) implement programs, activities, and proce6 dures for incorporating parental education and in7 volvement of parents in programs, including dissemi8 nating a written parental involvement policy, and co9 ordinating and integrating parental involvement 

10 strategies under this section, to the extent feasible 

11 and appropriate, with parental involvement strate12 gies under other programs, such as the Head Start 

13 program and the Early Head Start Program; and 

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

15 that exist to providing opportunities for healthy eat16 ing and physical activity. 

17 All activities described in this paragraph shall be evidence18 based and data-informed and be consistent with the cur19 riculum presented through training activities described in 

20 subsection (c). 

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

22 PROGRAMS. 

23 ‘‘The Secretary shall award competitive grants to 

24 Prevention Research Centers or universities to evaluate 

25 the programs carried out with grants under section 


jbell on DSK7SPTVN1PROD with BILLS
25 

•HR 2795 IH

1 399OO–1, including baseline, process, and outcome meas2 urements. 

3 ‘‘SEC. 399OO–3. COORDINATION. 

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

5 practicable, the Secretary shall coordinate activities con6 ducted under this part with activities undertaken by the 

7 National Prevention, Health Promotion and Public Health 

8 Council established under section 4001 of the Patient Pro9 tection and Affordable Care Act (Public Law 111–148). 

10 Where practicable, such coordination shall— 

11 ‘‘(1) include the sharing of current and emerg12 ing best practices concerning healthy eating, physical 

13 activity, and screen time limits that have a popu14 lation-level impact in promoting nutrition and phys15 ical activity in child care settings; 

16 ‘‘(2) promote the effective implementation and 

17 sustainability of such programs; and 

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

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

20 designate an individual (directly or through contract) to 

21 provide technical assistance to States and pilot centers in 

22 the development, implementation, and evaluation of activi23 ties and dissemination of information described in para24 graphs (1), (2), and (3) of subsection (a). 


jbell on DSK7SPTVN1PROD with BILLS
26 

•HR 2795 IH

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

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

3 The Secretary shall— 

4 ‘‘(1) provide technical assistance to grantees 

5 and other entities providing training under a grant 

6 under this part; and 

7 ‘‘(2) disseminate to health departments and 

8 trainers under grants under this part information 

9 concerning evidence-based or data-informed ap10 proaches, including dissemination of existing tool11 kits, curricula, and existing or emerging best prac12 tices that can be expanded or improved upon 

13 through a program conducted under this part. 

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

15 evaluations conducted under section 399OO–2, the Sec16 retary shall ensure that— 

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

18 programs funded under this part; 

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

20 number of centers that have implemented policy and 

21 environmental strategies that support use of cur22 ricula and practices supporting healthy eating, phys23 ical activity, and screen time limits; 

24 ‘‘(3) interim outcomes are measured, to the ex25 tent possible, by behavior changes in healthy eating, 

26 physical activity, and screen time; and 


jbell on DSK7SPTVN1PROD with BILLS
27 

•HR 2795 IH

1 ‘‘(4) upon completion of the program, the eval2 uation shall include an identification of best prac3 tices relating to behavior change and reductions in 

4 the increasing prevalence of overweight and obesity 

5 that could be replicated in other settings. 

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

7 conclusion of the programs carried out under this part, 

8 the Secretary shall disseminate to all appropriate agencies 

9 within the Department of Health and Human Services evi10 dence, best practices, and lessons learned from grantees. 

11 Such agencies shall encourage the adoption of the best 

12 practices. 

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

14 months after the completion of the pilot program under 

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

16 concerning the evaluation of the pilot programs, including 

17 recommendations as to how lessons learned from such pro18 grams can be incorporated into future guidance docu19 ments developed and provided by the Secretary and other 

20 Federal agencies, as appropriate. 

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

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

23 this part, $2,500,000 for each of fiscal years 2012, 2013, 

24 and 2014.’’. 


jbell on DSK7SPTVN1PROD with BILLS
28 

•HR 2795 IH

1 SEC. 112. HEALTH AND FITNESS SCHOOL PROGRAMS: 

2 TRAINING AMERICA’S YOUTH TO LIVE 

3 HEALTHY LIFESTYLES. 

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

5 2-year pilot program consisting of awarding grants to eli6 gible entities for the purpose of establishing or expanding 

7 evidence-informed health and fitness programs in sec8 ondary schools in low-income communities. 

9 (b) HEALTH AND FITNESS PROGRAM REQUIRE10 MENTS.—As a condition on receipt of a grant under this 

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

12 fitness program at a secondary school funded through the 

13 grant will— 

14 (1) be conducted in partnership with the sec15 ondary school, community entities, local contributors 

16 of funds, and tribal councils; 

17 (2) include services by recent graduates of insti18 tutions of higher education who are interested in 

19 pursuing graduate degrees in medicine, nursing, nu20 trition science, exercise physiology, public health, or 

21 a related discipline; 

22 (3) use services by such graduates to supple23 ment rather than supplant the health and fitness 

24 curriculum of the secondary school; 

25 (4) include a highly effective student-mentor 

26 intervention and education program conducted by 


jbell on DSK7SPTVN1PROD with BILLS
29 

•HR 2795 IH

1 such graduates for a maximum of 2 years of service 

2 in 1 secondary school per graduate; 

3 (5) build a healthier community through 

4 wellness activities and increased awareness about 

5 and access to healthy foods; 

6 (6) provide daily health and fitness instruction 

7 to both students and faculty; 

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

9 using the services of secondary school students with 

10 the objective of building a healthier community 

11 through wellness activities and increased awareness 

12 about and access to healthy foods; 

13 (8) conduct an annual school-based and an an14 nual community-based health fair using the services 

15 of secondary school students with the objective of 

16 building a healthier community through wellness ac17 tivities and increased awareness about and access to 

18 healthy foods; and 

19 (9) expose secondary school students to a vari20 ety of career choices in wellness and health-related 

21 disciplines, including careers in medicine, nursing, 

22 nutrition science, and exercise physiology. 

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

24 encourage grantees under this section to contribute funds 

25 from non-Federal sources to increase— 


jbell on DSK7SPTVN1PROD with BILLS
30 

•HR 2795 IH

1 (1) the number of secondary schools at which 

2 health and fitness programs are offered; or 

3 (2) the longevity of such programs. 

4 (d) MINIMUM NUMBER OF SCHOOLS.—The Secre5 taries shall ensure that grants under this section are used 

6 to establish or expand health and fitness programs at a 

7 total of not less than 20 schools. 

8 (e) ASSESSMENT; REPORTING.—As conditions on re9 ceipt of a grant under this section, an eligible entity shall 

10 agree to— 

11 (1) conduct an annual assessment of health and 

12 fitness programs funded through the grant using the 

13 Centers for Disease Control and Prevention’s School 

14 Health Index; 

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

16 each assessment under paragraph (1) to the partici17 pating school, community partners, local contribu18 tors of funds, and tribal councils; and 

19 (3) not later than the end of fiscal year 2013, 

20 submit a report to the Secretaries and an appro21 priate representative of the Centers for Disease Con22 trol and Prevention on the success of the programs 

23 in educating children and families and thereby pre24 venting or reducing childhood obesity, including data 

25 from each assessment under paragraph (1). 


jbell on DSK7SPTVN1PROD with BILLS
31 

•HR 2795 IH

1 (f) DEFINITIONS.—In this section: 

2 (1) The term ‘‘secondary school’’ has the mean3 ing given to such term in section 9101 of the Ele4 mentary and Secondary Education Act of 1965 (20 

5 U.S.C. 7801). 

6 (2) The term ‘‘eligible entity’’ means a non7 profit organization or entity with the ability to meet 

8 the requirements applicable to a grantee under this 

9 section, as determined by the Secretaries. 

10 (3) The term ‘‘low-income communities’’ in11 cludes— 

12 (A) communities with a high percentage of 

13 children eligible for free and reduced priced 

14 lunches under the Richard B. Russell National 

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

16 and 

17 (B) any other communities determined by 

18 the Secretaries to be low-income for purposes of 

19 this section. 

20 (4) The term ‘‘Secretaries’’ means the Sec21 retary of Health and Human Services and the Sec22 retary of Education, acting jointly and in conjunc23 tion with the Director of the Centers for Disease 

24 Control and Prevention. 


jbell on DSK7SPTVN1PROD with BILLS
32 

•HR 2795 IH

1 (g) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out this section, there is authorized to be appropriated 

3 $1,400,000 for the period of fiscal years 2012 through 

4 2013. 

5 TITLE II—ADVANCING PREVENT6 ATIVE MEASURES AND 

7 TREATMENT OF OBESITY IN 

8 ADULTS AND CHILDREN IN 

9 UNDERSERVED COMMU10 NITIES 

11 SEC. 201. COMMUNITY HEALTH AND WELLNESS NAVIGA12 TORS PILOT PROGRAM: CONNECTING AMER13 ICA’S HEALTH PROFESSIONAL WITH OUR 

14 SCHOOLS. 

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

16 Human Services shall award grants to 5 or more States 

17 for the establishment of a community navigator program, 

18 consisting of each such State making subgrants to 1 or 

19 more eligible entities for a local community navigator pro20 gram described in subsection (b). 

21 (b) PROGRAM DESCRIPTION.—A local community 

22 navigator program described in this subsection shall con23 sist of the following: 

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

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


jbell on DSK7SPTVN1PROD with BILLS
33 

•HR 2795 IH

1 a nonprofit health or education organization, will 

2 hire and train 2 or more community navigators. 

3 (2) The community navigators will facilitate a 

4 relationship between the eligible entity and the local 

5 educational agency, bureau-funded school, or non6 profit health or education organization in low-income 

7 communities to ensure increased access to medical 

8 care through educating parents and school adminis9 trators. 

10 (3) The community navigators will carry out 

11 educational activities for elementary school and sec12 ondary school students and their parents in low-in13 come communities with the goal of— 

14 (A) increasing familial intake of nutritious 

15 meals; 

16 (B) increasing physical activity both in and 

17 out of the school setting; and 

18 (C) increasing access to medical care. 

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

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

21 a report to the Congress on the effectiveness of the pro22 gram under this section. 

23 (d) DEFINITIONS.—In this section: 


jbell on DSK7SPTVN1PROD with BILLS
34 

•HR 2795 IH

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

2 meaning given such term in section 1146 of the 

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

4 (2) The terms ‘‘elementary school’’, ‘‘local edu5 cational agency’’, and ‘‘secondary school’’ have the 

6 meanings given to such terms in section 9101 of the 

7 Elementary and Secondary Education Act of 1965 

8 (20 U.S.C. 7801). 

9 (3) The term ‘‘eligible entity’’ includes a Feder10 ally qualified health center (as defined in section 

11 1861(aa) of the Social Security Act (42 U.S.C. 

12 1395x(aa))), a facility operated by the Indian 

13 Health Service (including a facility operated by an 

14 Indian tribe or tribal organization through a con15 tract or compact with the Service under the Indian 

16 Self-Determination and Education Assistance Act 

17 (25 U.S.C. 450 et seq.)), a free-standing children’s 

18 hospital that is described in subparagraph (L) or 

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

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

21 with demonstrated effectiveness in the area of 

22 healthcare and with a focus on serving low-income 

23 communities, a rural hospital, and a rural health 

24 clinic. 


jbell on DSK7SPTVN1PROD with BILLS
35 

•HR 2795 IH

1 (4) The term ‘‘low-income communities’’ in2 cludes— 

3 (A) communities with a high percentage of 

4 children eligible for free and reduced priced 

5 lunches under the Richard B. Russell National 

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

7 and 

8 (B) any other communities determined by 

9 the Secretaries to be low-income for purposes of 

10 this section. 

11 (5) The term ‘‘nonprofit health or education or12 ganization’’ shall be defined by the Secretary. 

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

14 of Health and Human Services. 

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

16 Columbia and any commonwealth, territory, or pos17 session of the United States, including the Common18 wealth of Puerto Rico, the Virgin Islands, Guam, 

19 American Samoa, and the Commonwealth of the 

20 Northern Mariana Islands. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 

22 out this section, there are authorized to be appropriated 

23 such sums as may be necessary for fiscal years 2012 and 

24 2013. 


jbell on DSK7SPTVN1PROD with BILLS
36 

•HR 2795 IH

1 SEC. 202. REQUIREMENT TO EXPEDITE NATIONAL MEDI2 CARE COVERAGE DETERMINATIONS FOR EVI3 DENCE-BASED PREVENTIVE SERVICES. 

4 (a) IN GENERAL.—Not later than January 1, 2012, 

5 the Secretary of Health and Human Services shall issue 

6 national Medicare coverage determinations for evidence7 based preventive and treatment services, including services 

8 to prevent or treat overweight and obesity that have in 

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

10 representing strongly recommended or recommended serv11 ices) in the current recommendations of the United States 

12 Preventive Services Task Force (in this section referred 

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

14 treating overweight and obesity as defined by the National 

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

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

17 Evaluation and Treatment of Overweight and Obesity in 

18 Adults. The Secretary shall update such coverage deter19 minations based on future updates to such USPSTF and 

20 NHLBI guidelines. 

21 (b) UPDATING RECOMMENDATIONS.—The Secretary 

22 shall instruct— 

23 (1) the Agency for Healthcare Research and 

24 Quality and the USPSTF to update, by not later 

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

26 Act and at least once every 5 years thereafter, 


jbell on DSK7SPTVN1PROD with BILLS
37 

•HR 2795 IH

1 USPSTF recommendations relating to the preven2 tion of overweight and obesity that have in effect a 

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

4 insufficient evidence to make a recommendation for 

5 the service involved) to determine if such rating 

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

7 (2) the National Heart, Lung and Blood Insti8 tute to update, by not later than December 31, 

9 2010, and at least once every 3 years thereafter, the 

10 NHLBI Clinical Guidelines described in subsection 

11 (a). 

12 SEC. 203. EXPANSION OF OBESITY TREATMENT SERVICES 

13 UNDER MEDICARE. 

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

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

16 the Patient Protection and Affordable Care Act (Public 

17 Law 111–148), is further amended— 

18 (1) in subsection (s)(2)— 

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

20 the end ‘‘and’’; 

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

22 the end ‘‘and’’; and 

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

24 subparagraph: 


jbell on DSK7SPTVN1PROD with BILLS
38 

•HR 2795 IH

1 ‘‘(GG) items and services furnished under 

2 an obesity treatment program (as defined in 

3 subsection (iii));’’; and 

4 (2) by adding at the end the following new sub5 section: 

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

7 ‘obesity treatment program’ means— 

8 ‘‘(1) medical services delivered to eligible indi9 viduals under a plan of care for the purpose of re10 ducing body mass index and the associated co11 morbidities of obesity, including— 

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

13 care and subsequent revisions to that plan of 

14 care; 

15 ‘‘(B) medical and surgical interventions as 

16 determined appropriate by the Secretary; and 

17 ‘‘(C) additional services for which payment 

18 would not otherwise be made under this title 

19 that the Secretary may specify that encourage 

20 the receipt of, or improve the effectiveness of, 

21 the services described in the preceding subpara22 graphs. 

23 In carrying out subparagraph (C), the Secretary 

24 shall consider recommendations of the United States 

25 Preventive Services Task Force; clinical practice 


jbell on DSK7SPTVN1PROD with BILLS
39 

•HR 2795 IH

1 guidelines for treatment of overweight, obesity, and 

2 severe obesity issued by professional medical soci3 eties; and consensus statements and guidelines on 

4 effective treatment of overweight, obesity, and severe 

5 obesity issued by the National Institutes of Health, 

6 professional medical societies, and other authori7 tative sources (such as those identified in the Na8 tional Heart Lung and Blood Institute’s Clinical 

9 Guidelines on the Identification, Evaluation, and 

10 Treatment of Overweight and Obesity in Adults). 

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

12 ‘eligible individual’ means an individual who has— 

13 ‘‘(A) been diagnosed with obesity by a phy14 sician (as defined in subsection (r)) or provider 

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

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

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

18 at least one weight-related comorbid condition. 

19 It is not necessary for such individual to be diag20 nosed with co-morbidities in addition to the obesity 

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

22 to be considered an ‘eligible individual’ under this 

23 subsection.’’. 

24 (b) PAYMENT.—Section 1833(a)(1) of the Social Se25 curity Act (42 U.S.C. 1395l(a)(1)), as amended by section 


jbell on DSK7SPTVN1PROD with BILLS
40 

•HR 2795 IH

1 10501(h)(3)(B) of the Patient Protection and Affordable 

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

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

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

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

6 services furnished under an obesity treatment pro7 gram (as defined in section 1861(iii)), the amount 

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

9 charge for the services or the amount determined 

10 under a fee schedule established by the Secretary for 

11 purposes of this subparagraph’’. 

12 SEC. 204. COVERAGE OF EVIDENCE-BASED PREVENTIVE 

13 SERVICES UNDER MEDICAID AND SCHIP. 

14 (a) STATE OPTION TO PROVIDE MEDICAL ASSIST15 ANCE FOR EVIDENCE-BASED PREVENTIVE SERVICES.— 

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

17 Security Act (42 U.S.C. 1396d) is amended— 

18 (A) in subsection (a)— 

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

20 ‘‘and’’ at the end; 

21 (ii) by redesignating paragraph (29) 

22 as paragraph (30); and 

23 (iii) by inserting after paragraph (28) 

24 the following: 


jbell on DSK7SPTVN1PROD with BILLS
41 

•HR 2795 IH

1 ‘‘(29) evidence-based preventive services de2 scribed in subsection (ee); and’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(ee) For purposes of subsection (a)(29), evidence5 based preventive services described in this subsection 

6 are— 

7 ‘‘(1) any preventive services which the Sec8 retary has determined are reasonable and necessary 

9 for preventing obesity and comorbidities of obesity, 

10 including diet and exercise counseling, healthy 

11 weight and obesity counseling; and 

12 ‘‘(2) any other evidence-based, effective clinical 

13 intervention for obese individuals designed to pre14 vent comorbidities of obesity, including pharma15 cological or surgical services.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 1902(a)(10)(C)(iv) of such Act is amended by in18 serting ‘‘, or (29)’’ after ‘‘(24)’’. 

19 (b) STATE OPTION TO PROVIDE CHILD HEALTH AS20 SISTANCE FOR EVIDENCE-BASED PREVENTIVE SERV21 ICES.—Section 2110(a) of the Social Security Act (42 

22 U.S.C. 1397jj(a)) is amended— 

23 (1) by redesignating paragraph (28) as para24 graph (29); and 


jbell on DSK7SPTVN1PROD with BILLS
42 

•HR 2795 IH

1 (2) by inserting after paragraph (27) the fol2 lowing: 

3 ‘‘(28) Evidence-based preventive services de4 scribed in section 1905(ee).’’. 

5 SEC. 205. COVERAGE OF MEDICAL NUTRITION THERAPY 

6 UNDER MEDICAID AND SCHIP. 

7 (a) STATE OPTION TO PROVIDE MEDICAL ASSIST8 ANCE FOR MEDICAL THERAPY SERVICES.— 

9 (1) IN GENERAL.—Section 1905(a) of the So10 cial Security Act (42 U.S.C. 1396d), as amended by 

11 section 204(a)(1), is amended— 

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

13 at the end; 

14 (B) by redesignating paragraph (30) as 

15 paragraph (31); and 

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

17 following: 

18 ‘‘(30) medical nutrition therapy services (as de19 fined in section 1861(vv)(1)) for individuals with 

20 pre-diabetes or obesity or who are overweight (as de21 fined by the Secretary); and’’. 

22 (2) CONFORMING AMENDMENT.—Section 

23 1902(a)(10)(C)(iv) of such Act, as amended by sec24 tion 204(a)(2), is amended by striking ‘‘or (29)’’ 

25 and inserting ‘‘(29), or (30)’’. 


jbell on DSK7SPTVN1PROD with BILLS
43 

•HR 2795 IH

1 (b) STATE OPTION TO PROVIDE CHILD HEALTH AS2 SISTANCE FOR MEDICAL NUTRITION THERAPY SERV3 ICES.—Section 2110(a) of the Social Security Act (42 

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

5 amended— 

6 (1) by redesignating paragraph (29) as para7 graph (30); and 

8 (2) by inserting after paragraph (28) the fol9 lowing: 

10 ‘‘(29) Medical nutrition therapy services (as de11 fined in section 1861(vv)(1)) for individuals with 

12 pre-diabetes or obesity or who are overweight (as de13 fined by the Secretary).’’. 

14 SEC. 206. CLARIFICATION OF EPSDT INCLUSION OF PRE15 VENTION, SCREENING, AND TREATMENT 

16 SERVICES FOR OBESITY AND OVERWEIGHT; 

17 SCHIP COVERAGE. 

18 (a) IN GENERAL.—Section 1905(r) of the Social Se19 curity Act (42 U.S.C. 1396d(r)) is amended— 

20 (1) in paragraph (1)(B)— 

21 (A) in clause (iv), by striking ‘‘and’’ at the 

22 end; 

23 (B) in clause (v), by striking the period at 

24 the end and inserting ‘‘, and’’; and 

25 (C) by adding at the end the following: 


jbell on DSK7SPTVN1PROD with BILLS
44 

•HR 2795 IH

1 ‘‘(vi) weight and BMI measurement 

2 and monitoring.’’. 

3 (2) in paragraph (5), by inserting ‘‘ (including 

4 treatment services related to obesity and body 

5 weight, such as medical nutrition therapy services 

6 (as defined in section 1861(vv)(1)), physical therapy, 

7 exercise training, behavioral health counseling, and 

8 such other evidence-based services as recommended 

9 by the Secretary (taking into consideration the 

10 American Academy of Pediatrics Expert Committee 

11 Guidelines Regarding the Prevention, Assessment, 

12 and Treatment of Child and Adolescent Overweight 

13 and Obesity)’’ after ‘‘screening services’’. 

14 (b) SCHIP.— 

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

16 U.S.C. 1397cc) is amended— 

17 (A) in subsection (a), in the matter pre18 ceding paragraph (1), by striking ‘‘and (7)’’ 

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

20 (B) in subsection (c)— 

21 (i) by redesignating paragraph (7) as 

22 paragraph (9); and 

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

24 the following: 


jbell on DSK7SPTVN1PROD with BILLS
45 

•HR 2795 IH

1 ‘‘(7) PREVENTION, SCREENING, AND TREAT2 MENT SERVICES FOR OBESITY AND OVERWEIGHT.— 

3 The child health assistance provided to a targeted 

4 low-income child shall include coverage of weight 

5 and BMI measurement and monitoring, as well as 

6 appropriate treatment services, including medical 

7 nutrition therapy services (as defined in section 

8 1861(vv)(1)), physical therapy or exercise training, 

9 behavioral health counseling, and such other evi10 dence based services as recommended by the Sec11 retary. For purposes of the previous sentence the 

12 Secretary shall take into consideration the American 

13 Academy of Pediatrics Expert Committee Guidelines 

14 Regarding the Prevention, Assessment, and Treat15 ment of Child and Adolescent Overweight and Obe16 sity.’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 2102(a)(7)(B) (42 U.S.C. 1397bb(c)(2)) is amended 

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

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

21 SEC. 207. NATIONAL COMMISSION ON CHILD OBESITY. 

22 (a) ESTABLISHMENT.—There is established a com23 mission to be known as the National Commission on Child 

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


jbell on DSK7SPTVN1PROD with BILLS
46 

•HR 2795 IH

1 (b) DUTIES OF COMMISSION.—The Commission 

2 shall— 

3 (1) conduct a comprehensive study that exam4 ines and assesses the needs of children relating to 

5 the prevalence, prevention, and treatment of child6 hood overweight and obesity, including specific find7 ings relating to— 

8 (A) best practices for the prevention and 

9 treatment of childhood overweight and obesity; 

10 (B) child physical health and mental 

11 health; 

12 (C) child care in all settings; 

13 (D) child welfare; 

14 (E) elementary and secondary education; 

15 (F) food availability in neighborhoods; 

16 (G) access to health care; 

17 (H) health care utilization; 

18 (I) built environment; 

19 (J) parent physical health and education; 

20 (K) underserved communities, including 

21 tribal communities, health professional shortage 

22 areas designated under section 332 of the Pub23 lic Health Service Act (42 U.S.C. 254e), medi24 cally underserved areas (as defined in section 

25 799B of such Act (42 U.S.C. 295p), and areas 


jbell on DSK7SPTVN1PROD with BILLS
47 

•HR 2795 IH

1 in the Appalachian region (as defined in section 

2 14102(a) of title 40, United States Code); 

3 (L) relevant activities in childhood over4 weight and obesity; and 

5 (M) the availability of information on State 

6 and Federal supportive nutrition programs, 

7 such as the Summer Food Service Program, the 

8 Women, Infants, and Children Program, the 

9 State Children’s Health Insurance Program 

10 under title XXI of the Social Security Act, and 

11 the Supplemental Nutrition Assistance Pro12 gram; 

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

14 regulations, policies, programs, and public health ini15 tiatives relevant to best practices for the prevalence, 

16 prevention, and treatment of childhood overweight 

17 and obesity; 

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

19 learned from past laws, regulations, policies, pro20 grams, and public health initiatives relevant to the 

21 prevalence, prevention, and treatment of childhood 

22 overweight and obesity; 

23 (4) advise on the need to revise laws, regula24 tions, policies, and programs relative to addressing 

25 best practices for the prevalence, prevention, and 


jbell on DSK7SPTVN1PROD with BILLS
48 

•HR 2795 IH

1 treatment of childhood overweight and obesity at 

2 regular intervals as new knowledge is gained; 

3 (5) include in the interim report required by 

4 subsection (i)(1) recommendations on— 

5 (A) the appropriate Federal agency to es6 tablish the infrastructure for the creation of a 

7 comprehensive nationwide registry of patient 

8 data associated with children living with obe9 sity; 

10 (B) the specific criteria needed for such 

11 registry to allow the field of pediatric clinicians 

12 access to patient-level, clinical data suitable for 

13 research and the development of best practices; 

14 (C) the appropriate funding level required 

15 for the establishment and implementation of 

16 such the registry described in subparagraph 

17 (A); and 

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

19 are currently unavailable on adolescent and 

20 child patients who are currently obese; and 

21 (6) include in the final report required by sub22 section (i)(3) the Commission’s specific findings, 

23 conclusions, and recommendations to address the 

24 needs of children relating to the prevention and 


jbell on DSK7SPTVN1PROD with BILLS
49 

•HR 2795 IH

1 treatment of childhood overweight and obesity, in2 cluding specific recommendations on— 

3 (A) the need for planning and establishing 

4 a national resource center for children and obe5 sity; and 

6 (B) such coordination of resources and 

7 services, administrative actions, policies, regula8 tions, and legislative changes as the Commis9 sion considers appropriate. 

10 (c) COMPOSITION.— 

11 (1) MEMBERS.—The Commission shall be com12 posed of 15 members, of whom— 

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

14 party, shall be appointed by the President; 

15 (B) 3 members shall be appointed by the 

16 majority leader of the Senate; 

17 (C) 3 members shall be appointed by the 

18 minority leader of the Senate; 

19 (D) 3 members shall be appointed by the 

20 Speaker of the House of Representatives; and 

21 (E) 3 members shall be appointed by the 

22 minority leader of the House of Representa23 tives. 


jbell on DSK7SPTVN1PROD with BILLS
50 

•HR 2795 IH

1 (2) APPOINTMENT.—Members of the Commis2 sion shall be appointed not later than 6 months after 

3 the date of the enactment of this Act. 

4 (3) CHAIRPERSON, VICE CHAIRPERSON, AND

5 MEETINGS.— 

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

7 after the date on which all members of the 

8 Commission are appointed under paragraph (1), 

9 such members shall meet to elect a Chairperson 

10 and Vice Chairperson from among such mem11 bers and shall determine a schedule of Commis12 sion meetings. 

13 (B) INITIAL MEETING.—The Commission 

14 shall meet and begin the operations of the Com15 mission not later than 120 days after the ap16 pointment of members of the Commission. 

17 (4) GOVERNMENTAL APPOINTEES.—An indi18 vidual appointed to the Commission may not be an 

19 official or employee of the Federal Government. 

20 (5) COMMISSION REPRESENTATION.—The Com21 mission shall include at least one— 

22 (A) representative from each of a nonprofit 

23 and for-profit entity with demonstrated exper24 tise in addressing the needs of children relating 


jbell on DSK7SPTVN1PROD with BILLS
51 

•HR 2795 IH

1 to the prevalence, prevention, and treatment of 

2 childhood overweight and obesity; 

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

4 (C) tribal health representative. 

5 (6) QUALIFICATIONS.—Members appointed 

6 under paragraph (1) may include— 

7 (A) individuals involved with providing 

8 services to children, including health and other 

9 social services; 

10 (B) individuals involved with administering 

11 health insurance coverage to children; 

12 (C) individuals with experience in public 

13 health initiatives relating to the prevention and 

14 treatment of childhood overweight and obesity, 

15 including coordination of resources and services 

16 among State and local governments, the Fed17 eral Government, and nongovernmental entities; 

18 (D) individuals with philanthropic experi19 ence focused on the needs of children relating 

20 to the prevalence, prevention, and treatment of 

21 childhood overweight and obesity; 

22 (E) individuals who have conducted aca23 demic research relating to the prevalence, pre24 vention, and treatment of childhood overweight 

25 and obesity; and 


jbell on DSK7SPTVN1PROD with BILLS
52 

•HR 2795 IH

1 (F) individuals with significant experience 

2 in child health and policy. 

3 (7) QUORUM AND VACANCY.— 

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

5 of the Commission shall constitute a quorum, 

6 but a lesser number of members may hold hear7 ings. 

8 (B) VACANCY.—Any vacancy in the Com9 mission shall not affect its powers and shall be 

10 filled in the same manner in which the original 

11 appointment was made. 

12 (d) POWERS OF COMMISSION.— 

13 (1) HEARINGS.—The Commission may hold 

14 such hearings, meet and act at such times and 

15 places, and receive such evidence as may be nec16 essary to carry out the functions of the Commission. 

17 (2) INFORMATION FROM FEDERAL AGENCIES.— 

18 (A) IN GENERAL.—The Commission may 

19 access, to the extent authorized by law, from 

20 any executive department, bureau, agency, 

21 board, commission, office, independent estab22 lishment, or instrumentality of the Federal Gov23 ernment such information, suggestions, esti24 mates, and statistics as the Commission con25 siders necessary to carry out this section. 


jbell on DSK7SPTVN1PROD with BILLS
53 

•HR 2795 IH

1 (B) PROVISION OF INFORMATION.—On 

2 written request of the Chairperson of the Com3 mission, each department, bureau, agency, 

4 board, commission, office, independent estab5 lishment, or instrumentality of the Federal Gov6 ernment shall, to the extent authorized by law, 

7 provide the requested information to the Com8 mission. 

9 (C) RECEIPT, HANDLING, STORAGE, AND

10 DISSEMINATION.—Information shall only be re11 ceived, handled, stored, and disseminated by 

12 members of the Commission and its staff con13 sistent with all applicable statutes, regulations, 

14 and Executive orders. 

15 (3) ASSISTANCE FROM FEDERAL AGENCIES.— 

16 (A) GENERAL SERVICES ADMINISTRA17 TION.—On request of the Chairperson of the 

18 Commission, the Administrator of General 

19 Services shall provide to the Commission, on a 

20 reimbursable basis, administrative support and 

21 other assistance necessary for the Commission 

22 to carry out its duties. 

23 (B) OTHER DEPARTMENTS AND AGEN24 CIES.—In addition to assistance under subpara25 graph (A), departments and agencies of the 


jbell on DSK7SPTVN1PROD with BILLS
54 

•HR 2795 IH

1 United States may provide to the Commission 

2 such assistance as they determine advisable and 

3 as authorized by law. 

4 (4) CONTRACTING.—The Commission may 

5 enter into financially reasonable contracts to enable 

6 the Commission to discharge its duties under this 

7 section. 

8 (5) POSTAL SERVICES.—The Commission may 

9 use the United States mails in the same manner and 

10 under the same conditions as a department or agen11 cy of the United States. 

12 (e) STAFF OF COMMISSION.— 

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

14 Commission, in consultation with the Vice Chair15 person, in accordance with rules agreed upon by the 

16 Commission, may appoint and fix the compensation 

17 of a staff director, policy director, and administra18 tive assistant (and other staff if agreed upon by a 

19 majority of Commission members) to enable the 

20 Commission to carry out its functions, in accordance 

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

22 except that no rate of pay fixed under this para23 graph may exceed the equivalent of that payable for 

24 a position at level V of the Executive Schedule under 

25 section 5316 of title 5, United States Code. 


jbell on DSK7SPTVN1PROD with BILLS
55 

•HR 2795 IH

1 (2) STAFF OF FEDERAL AGENCIES.—Upon re2 quest of the Chairperson of the Commission, the 

3 head of any executive department, bureau, agency, 

4 board, commission, office, independent establish5 ment, or instrumentality of the Federal Government 

6 may detail, without reimbursement, any of its per7 sonnel to the Commission to assist it in carrying out 

8 its duties under this section. Any detail of an em9 ployee shall be without interruption or loss of civil 

10 service status or privilege. 

11 (3) CONSULTANT SERVICES.—The Commission 

12 is authorized to procure (pursuant to a majority vote 

13 of the Commission members) the services of experts 

14 and consultants in accordance with section 3109 of 

15 title 5, United States Code, but at rates not to ex16 ceed the daily equivalent of the annual rate of basic 

17 pay for level IV of the Executive Schedule under sec18 tion 5315 of title 5, United States Code. 

19 (f) TRAVEL EXPENSES.—Each member of the Com20 mission shall serve without compensation, but shall receive 

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

22 in accordance with applicable provisions in the same man23 ner as persons employed intermittently in the Government 

24 service are allowed expenses under section 5703 of title 

25 5, United States Code. 


jbell on DSK7SPTVN1PROD with BILLS
56 

•HR 2795 IH

1 (g) APPLICABILITY OF FACA.—The Federal Advi2 sory Committee Act, including any provisions applicable 

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

4 (h) REPORTS OF COMMISSION; TERMINATION.— 

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

6 not later than 1 year after the date of its first meet7 ing, submit to the President and the Congress an in8 terim report containing specific findings, conclu9 sions, and recommendations required under this sec10 tion and agreed to by a majority of Commission 

11 members. 

12 (2) OTHER REPORTS AND INFORMATION.— 

13 (A) REPORTS.—The Commission may 

14 issue additional reports as the Commission de15 termines necessary. 

16 (B) INFORMATION.—The Commission may 

17 hold public hearings to collect information and 

18 shall make such information available for use 

19 by the public. 

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

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

22 meeting, submit to the President and Congress a 

23 final report containing specific findings, conclusions, 

24 and recommendations required under this section 


jbell on DSK7SPTVN1PROD with BILLS
57 

•HR 2795 IH

1 and agreed to by a majority of Commission mem2 bers. 

3 (4) TERMINATION.— 

4 (A) IN GENERAL.—Unless reauthorized by 

5 statute, the Commission, and all the authorities 

6 of this section, shall terminate 180 days after 

7 the date on which the final report is submitted 

8 under paragraph (3). 

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

10 termination of the Commission under subpara11 graph (A), all records and papers of the Com12 mission shall be delivered to the Archivist of the 

13 United States for deposit in the National Ar14 chives. 

15 (i) DEFINITIONS.—In this section: 

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

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

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

19 and sex according to the Centers for Disease Control 

20 and Prevention. 

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

22 ‘‘children’’ mean an individual or individuals, respec23 tively, who have not attained 18 years of age. 


jbell on DSK7SPTVN1PROD with BILLS
58 

•HR 2795 IH

1 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section, 

3 $1,500,000 for each of fiscal years 2012 and 2013. 

4 SEC. 208. GAO REPORT. 

5 Not later than 2 years after the first appropriation 

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

7 General of the United States shall submit to Congress a 

8 report on the effectiveness of the activities carried out 

9 under this Act in reducing child obesity, which shall in10 clude an analysis of the costs and the benefits of such ac11 tivities. 

12 TITLE III—ENCOURAGING PHYS13 ICAL ACTIVITY IN UNDER14 SERVED AMERICAN COMMU15 NITIES 

16 SEC. 301. RENOVATION OF FORECLOSED AND ABANDONED 

17 PROPERTIES TO CREATE SPACES THAT EN18 COURAGE PHYSICAL ACTIVITY IN AMERICAN 

19 NEIGHBORHOODS. 

20 Section 106(a) of the Housing and Community De21 velopment Act of 1974 (42 U.S.C. 5306(a)) is amended— 

22 (1) in paragraph (3)— 

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

24 ‘‘(1),’’; and 


jbell on DSK7SPTVN1PROD with BILLS
59 

•HR 2795 IH

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

2 amounts for units of general local government, 

3 special district governments, and Indian tribes 

4 with high foreclosure rates and great infrastruc5 ture need under paragraph (4),’’ after ‘‘para6 graph (2),’’; 

7 (2) by redesignating paragraph (4) as para8 graph (5); 

9 (3) in paragraph (5), as redesignated by para10 graph (2) of this section, by striking ‘‘paragraphs 

11 (1), (2), and (3)’’ and inserting ‘‘paragraphs (1), 

12 (2), (3), and (4)’’; and 

13 (4) by inserting after paragraph (3) the fol14 lowing new paragraph: 

15 ‘‘(4)(A) For each fiscal year, of the amount ap16 proved in appropriation Acts under section 103 for 

17 grants for such fiscal year (excluding the amounts 

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

19 Secretary shall reserve for grants to units of general 

20 local government, special district governments, and 

21 Indian tribes that the Secretary determines have 

22 both high foreclosure rates and the greatest infra23 structure needs, based on the scope of the needs, an 

24 amount the Secretary determines necessary. 


jbell on DSK7SPTVN1PROD with BILLS
60 

•HR 2795 IH

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

2 by units of general local government, special district 

3 governments, and Indian tribes to— 

4 ‘‘(i) renovate foreclosed commercial prop5 erties, abandoned commercial properties, or 

6 both, to be transformed in community centers, 

7 public recreation facilities, swimming pools, or 

8 any other type of facility that will encourage in9 door physical activity; 

10 ‘‘(ii) demolish foreclosed or abandoned 

11 commercial and residential properties, or both, 

12 to use the sites for— 

13 ‘‘(I) the construction of parks, play14 grounds, outdoor swimming pools, tracks, 

15 soccer fields, baseball diamonds, or any 

16 other type of facility that will encourage 

17 outdoor physical activity; 

18 ‘‘(II) community gardens or urban 

19 farms, particularly in areas that are food 

20 deserts (as such term is defined in section 

21 7527(a) of the Food, Conservation, and 

22 Energy Act of 2008 (Public Law 110–234; 

23 122 Stat. 2039); or 


jbell on DSK7SPTVN1PROD with BILLS
61 

•HR 2795 IH

1 ‘‘(III) mixed used facilities that are 

2 used for both of the purposes under sub3 clauses (I) and (II) of this clause; and 

4 ‘‘(iii) reconstruct and repair dilapidated 

5 sidewalks, bike and pedestrian trails, and in6 door and outdoor facilities that encourage phys7 ical activity. 

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

9 the Secretary shall give priority among units of gen10 eral local government, special district governments, 

11 and Indian tribes eligible pursuant to subparagraph 

12 (A)— 

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

14 special district governments, and Indian tribes 

15 that demonstrate the ability and willingness to 

16 work with local educational agencies, devel17 opers, and other community-based organizations 

18 to enter into mixed-use agreements to maximize 

19 the use and efficiency of properties renovated, 

20 constructed, or reconstructed and repaired 

21 through the use of grant funds; 

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

23 special district governments, and Indian tribes 

24 that demonstrate the willingness to recognize 

25 and promote the involvement of individuals enVerDate Mar 15 2010 04:56 Sep 07, 2011 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H2795.IH H2795

jbell on DSK7SPTVN1PROD with BILLS
62 

•HR 2795 IH

1 rolled in a national service program authorized 

2 under the National and Community Service Act 

3 of 1990 (42 U.S.C. 12501 et seq.) or the Do4 mestic Volunteer Service Act of 1973 (42 

5 U.S.C. 4950 et seq.) in the renovation, con6 struction, or reconstruction and repair of prop7 erties through the use of grant funds; and 

8 ‘‘(iii) to projects proposed by units of gen9 eral local government, special district govern10 ments, and Indian tribes that are easily acces11 sible, on foot or by public transportation, for 

12 persons in low-income communities. 

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

14 ‘special district government’ means any organized 

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

16 districts, authorities, boards, and commissions, other 

17 than a unit of general local government or local edu18 cational agency, authorized by State law to provide 

19 only one or a limited number of designated func20 tions, and with sufficient administrative and fiscal 

21 autonomy to qualify as a separate government unit, 

22 as determined by the Secretary.’’. 


jbell on DSK7SPTVN1PROD with BILLS
63 

•HR 2795 IH

1 SEC. 302. NATIONAL YOUTH SPORTS PROGRAM REVITAL2 IZATION. 

3 Section 682(g) of the Community Services Block 

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

5 ‘‘$15,000,000’’ and all that follows through ‘‘2003’’ and 

6 inserting ‘‘$20,000,000 for each of the fiscal years 2012 

7 through 2021’’. 

8 SEC. 303. EXPANSION OF THE ZUNI YOUTH ENRICHMENT 

9 PROJECT SUMMER CAMP. 

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

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

12 provide funds to community-based organizations on Indian 

13 reservations or tribal lands to plan and implement an en14 richment program for children (in the form of a summer 

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

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

17 and alcoholism in such areas; and 

18 (2) to mitigate other problems stemming from 

19 the formation of bad habits and the development of 

20 low self-esteem during childhood. 

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

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

23 shall demonstrate, to the satisfaction of the Secretary of 

24 Health and Human Services, that the organization has en25 tered into a partnership with community entities, local 

26 funders, and tribal leaders (including, if applicable, the 


jbell on DSK7SPTVN1PROD with BILLS
64 

•HR 2795 IH

1 tribal council) to plan and execute an enrichment program 

2 under subsection (a). 

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

4 and Human Services, in providing funding under sub5 section (a), shall provide funding to no more than 20 com6 munity-based organizations. 

7 (d) MODEL AND CAMP REQUIREMENT.—The enrich8 ment program under subsection (a) shall— 

9 (1) be modeled on similar programs established 

10 by the Zuni Youth Enrichment Project; and 

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

12 duration during the summer. 

13 (e) SPECIFIC CAMP REQUIREMENTS.— 

14 (1) DAILY ACTIVITIES.—With respect to chil15 dren attending a camp under subsection (d)(2), the 

16 leader of the organization that receives funds under 

17 subsection (a) shall, for each day of the camp, en18 sure that, such children are— 

19 (A) involved in at least 60 minutes of 

20 physical activity (with appropriate accommoda21 tions made for children with disabilities); and 

22 (B) provided with at least two meals that 

23 meet national nutritional standards. 

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

25 ensure that— 


jbell on DSK7SPTVN1PROD with BILLS
65 

•HR 2795 IH

1 (A) a community gardening activity is in2 cluded in the activities conducted at the camp; 

3 and 

4 (B) health and wellness education is pro5 vided to the children attending the camp. 

6 (f) EVALUATION.— 

7 (1) IN GENERAL.—A community-based organi8 zation that receives funding under subsection (a), 

9 shall, as a condition of receiving such funding, con10 duct an evaluation of the enrichment program con11 ducted by such organization. 

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

13 frequency of the evaluation under paragraph (1) 

14 shall be modeled on the Zuni Youth Enrichment 

15 Project standard project evaluation. 

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

17 on which a community organization first receives funding 

18 under subsection (a) and annually thereafter, the organi19 zation shall— 

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

21 Health and Human Services on the outcomes of the 

22 enrichment program conducted by the organization 

23 under this section, including— 

24 (A) the findings of the evaluation con25 ducted under subsection (f); and 


jbell on DSK7SPTVN1PROD with BILLS
66 

•HR 2795 IH

1 (B) the impact of such enrichment pro2 gram on the rates of childhood obesity on the 

3 reservation or area of tribal land served by the 

4 organization; and 

5 (2) provide a copy of the findings under para6 graph (1)(A) to community entities, local funders, 

7 tribal leaders (including, if applicable, the tribal 

8 council), and the families of children participating in 

9 the enrichment program. 

10 SEC. 304. MAKING ROUTES TO SCHOOLS IN UNDERSERVED 

11 COMMUNITIES SAFE AND ACCESSIBLE WITH 

12 PUBLIC PARTICIPATION THROUGH THE COM13 MUNITY ORIENTED POLICING SERVICES PRO14 GRAM. 

15 Section 1701 of the Omnibus Crime Control and Safe 

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

17 (1) in subsection (b)— 

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

19 after the semicolon; 

20 (B) by redesignating paragraph (17) as 

21 paragraph (18), and in such paragraph (18) (as 

22 so redesignated), by striking ‘‘through (16)’’ 

23 and inserting ‘‘through (17)’’; and 

24 (C) by inserting after paragraph (16) the 

25 following new paragraph: 


jbell on DSK7SPTVN1PROD with BILLS
67 

•HR 2795 IH

1 ‘‘(17) to award grants for Safe Routes to 

2 School-Community Oriented Policing Services pro3 grams, in accordance with subsection (j); and’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(j) SAFE ROUTES TO SCHOOL-COMMUNITY ORI7 ENTED POLICING SERVICES PROGRAMS.— 

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

9 Office of Community Oriented Policing Services, in 

10 collaboration with the Secretary of Education, shall 

11 award grants to not fewer than 10 local and tribal 

12 law enforcement agencies in low-income communities 

13 for the planning, development, and assessment of 

14 Safe Routes to School-Community Oriented Policing 

15 Services programs in accordance with this sub16 section. 

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

18 under this subsection shall be for a 3-year period be19 ginning with the first fiscal year that begins after 

20 the date of enactment of the Fit for Life Act of 

21 2011, and may not be renewed. 

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

23 this subsection shall be used by each grantee to— 

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

25 community served by the grantee with respect 


jbell on DSK7SPTVN1PROD with BILLS
68 

•HR 2795 IH

1 to the ability of elementary and secondary 

2 school students to get to and from school safely; 

3 and 

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

5 to School-Community Oriented Policing Serv6 ices program that ensures the availability of 

7 safe routes to and from school for elementary 

8 and secondary school students in underserved 

9 communities by addressing the unique personal 

10 safety dangers to students in such communities 

11 that may cause routes to or from school to be 

12 unsafe, such as dangers associated with crime, 

13 drug or gang activity, abandoned properties, 

14 and the presence of sexual predators. 

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

16 receiving a grant award under this subsection, and 

17 annually thereafter, each grantee shall submit to the 

18 Director of the Office of Community Oriented Polic19 ing Services a report on the Safe Routes to School20 Community Oriented Policing Services program car21 ried out by the grantee that includes— 

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

23 out with such grant during the preceding year; 


jbell on DSK7SPTVN1PROD with BILLS
69 

•HR 2795 IH

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

2 ensuring safe routes to and from school for ele3 mentary and secondary school students; 

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

5 grantee plans to carry out with such grant in 

6 succeeding years; and 

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

8 purposes of incorporation into urban planning 

9 and development in underserved communities in 

10 succeeding years. 

11 ‘‘(5) DEFINITION.—The term ‘low-income com12 munities’ includes— 

13 ‘‘(A) communities with a high percentage 

14 of children eligible for free and reduced priced 

15 lunches under the Richard B. Russell National 

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

17 and 

18 ‘‘(B) any other communities determined by 

19 the Director of the Office of Community Ori20 ented Policing Services to be low-income for 

21 purposes of this section.’’. 


jbell on DSK7SPTVN1PROD with BILLS
70 

•HR 2795 IH

1 SEC. 305. LAND AND WATER CONSERVATION FUND PRO2 GRAM GRANTS IN LOW-INCOME COMMU3 NITIES AND EXPAND TRIBAL PARTICIPATION. 

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

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

6 the end the following: 

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

8 RESERVATIONS.—For development of programs to 

9 increase the use of and access to parks and open 

10 space in low-income communities and on or near In11 dian reservations.’’. 

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

13 PARTICIPATING IN SPORTS (CHAMPS) PRO14 GRAM. 

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

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

17 247b–22) the following: 

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

19 PARTICIPATING IN SPORTS (CHAMPS) PRO20 GRAM. 

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

22 the Director of the Centers for Disease Control and Pre23 vention, may make grants to eligible entities to carry out 

24 nationally-based or community-based qualified childhood 

25 obesity prevention initiatives. 


jbell on DSK7SPTVN1PROD with BILLS
71 

•HR 2795 IH

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

2 grant under this section, an entity shall be— 

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

4 proposing to implement programs described in sub5 section (c), each serving at least 1,000 individuals, 

6 at 5 or more locations across the Nation; or 

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

8 proposing to implement a program described in sub9 section (c) serving at least 1,000 individuals. 

10 ‘‘(c) QUALIFIED CHILDHOOD OBESITY PREVENTION

11 INITIATIVE.—To qualify as a childhood obesity prevention 

12 initiative eligible for funding under this section, an initia13 tive shall consist of programs that— 

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

15 for being overweight and obese in predominantly 

16 economically disadvantaged communities; 

17 ‘‘(2) serve children or adolescents during after18 school hours, weekends, or summer hours; 

19 ‘‘(3) provide structured physical fitness activi20 ties, including organized sports, which engage each 

21 participant in a minimum of 60 minutes of moderate 

22 to vigorous physical activity at least three days per 

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

24 year; 


jbell on DSK7SPTVN1PROD with BILLS
72 

•HR 2795 IH

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

2 coaches who encourage and teach proper exercise 

3 techniques and skills; 

4 ‘‘(5) combine physical fitness activities with nu5 tritional counseling and education; and 

6 ‘‘(6) demonstrate measurable results for reduc7 ing childhood obesity on the part of participants, in8 cluding through— 

9 ‘‘(A) measurement and study of partici10 pants’ moderate to vigorous physical activity 

11 (MVPA) each day, both as part of the pro12 grams funded under this section and on the 

13 participants’ own initiative; 

14 ‘‘(B) increased knowledge of and aware15 ness about the importance of physical activity 

16 and exercise as well as the nutritional value of 

17 food and beverage choices; 

18 ‘‘(C) keeping track of and reporting mean19 ingful reductions in the consumption of food 

20 and beverages with low nutritional value, in21 creased consumption of healthy items, and in22 creased levels of unstructured, self-initiated 

23 physical activity outside of the programs funded 

24 under this section; and 


jbell on DSK7SPTVN1PROD with BILLS
73 

•HR 2795 IH

1 ‘‘(D) measurement and study of partici2 pants’ body mass index (BMI) indicating 

3 that— 

4 ‘‘(i) children entering programs fund5 ed under this section with a healthy body 

6 mass index maintain it while participating 

7 in such programs; and 

8 ‘‘(ii) children participating in such 

9 programs with an unhealthy body mass 

10 index halt any negative trend lines towards 

11 obesity or begin trend lines in a positive di12 rection. 

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

14 grants under this section, the Secretary shall give priority 

15 to eligible entities proposing to carry out programs that 

16 will provide additional societal benefits, such as— 

17 ‘‘(1) improvements to academic performance in 

18 school; 

19 ‘‘(2) character building and leadership develop20 ment; 

21 ‘‘(3) gang and juvenile delinquency prevention 

22 and reduction; 

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

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

25 service-learning opportunities; 


jbell on DSK7SPTVN1PROD with BILLS
74 

•HR 2795 IH

1 ‘‘(6) family and community engagement and 

2 participation; or 

3 ‘‘(7) workforce education and career develop4 ment opportunities. 

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

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

7 the Secretary shall award— 

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

9 to nationally-based nonprofit organizations described 

10 in subsection (b)(1); and 

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

12 to community-based nonprofit organizations de13 scribed in subsection (b)(2). 

14 ‘‘(f) COST-SHARE REQUIREMENTS.— 

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

16 a qualified childhood obesity prevention initiative to 

17 be carried out under this section— 

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

19 nationally-based nonprofit organization, a grant 

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

21 organization agrees to make available (directly 

22 or through donations from public or private en23 tities) non-Federal contributions toward such 

24 costs in an amount that is not less than oneVerDate Mar 15 2010 04:56 Sep 07, 2011 Jkt 099200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H2795.IH H2795

jbell on DSK7SPTVN1PROD with BILLS
75 

•HR 2795 IH

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

2 funds provided in the grant); and 

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

4 community-based nonprofit organization, a 

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

6 the organization agrees to make available (di7 rectly or through donations from public or pri8 vate entities) non-Federal contributions toward 

9 such costs in an amount that is not less than 

10 one-fourth of such costs ($1 for each $3 of Fed11 eral funds provided in the grant). 

12 ‘‘(2) NON-FEDERAL CONTRIBUTIONS BY SUB13 GRANTEES.—If a nationally-based nonprofit organi14 zation chooses to provide grant funds received under 

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

16 programs as part of the organization’s qualified 

17 childhood obesity prevention initiative, the organiza18 tion shall require the subgrantee to make available 

19 (directly or through donations from public or private 

20 entities) non-Federal contributions toward the costs 

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

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

23 funds provided in the grant). The amount of non24 Federal contributions by subgrantees required under 

25 this paragraph is in addition to the amount of nonVerDate Mar 15 2010 04:56 Sep 07, 2011 Jkt 099200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H2795.IH H2795

jbell on DSK7SPTVN1PROD with BILLS
76 

•HR 2795 IH

1 Federal contributions by the nationally-based non2 profit organization required under paragraph (1). 

3 ‘‘(3) DETERMINATION OF AMOUNT CONTRIB4 UTED.— 

5 ‘‘(A) IN GENERAL.—Non-Federal contribu6 tions required by paragraph (1) or (2)— 

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

8 nonprofit organization, shall be made in 

9 cash; and 

10 ‘‘(ii) in the case of a subgrantee de11 scribed in paragraph (2) or a community12 based nonprofit organization, may be in 

13 cash or in kind, fairly evaluated, including 

14 plant, equipment, or services. 

15 ‘‘(B) EXCLUSION OF FEDERAL CONTRIBU16 TIONS.—Amounts provided by the Federal Gov17 ernment, or services assisted or subsidized to 

18 any significant extent by the Federal Govern19 ment, may not be included in determining the 

20 amount of non-Federal contributions required 

21 by paragraph (1) or (2). 

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

23 year after the first appropriation of Federal funds to carry 

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


jbell on DSK7SPTVN1PROD with BILLS
77 

•HR 2795 IH

1 on the progress made in carrying out programs funded 

2 by grants under this section. 

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

4 results of programs funded through grants under this sec5 tion during the first two fiscal years of such funding, the 

6 Secretary shall develop publicly-accessible best practices 

7 guidelines for obesity reduction programs. The Secretary 

8 shall update these guidelines every two years. 

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

10 carry out this section, there is authorized to be appro11 priated $50,000,000 for each of fiscal years 2012 through 

12 2016.’’. 

13 SEC. 307. COORDINATED SCHOOL HEALTH INITIATIVES. 

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

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

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

17 than 5 eligible entities to carry out coordinated school 

18 health initiatives in schools. 

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

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

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

22 grant under this section shall carry out a coordinated 

23 school health initiative in each school under the jurisdic24 tion of the entity under which the entity shall— 


jbell on DSK7SPTVN1PROD with BILLS
78 

•HR 2795 IH

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

2 to assess the physical fitness (including aerobic ca3 pacity, muscular strength and endurance, flexibility, 

4 and body composition) of each student served by the 

5 entity; and 

6 (2) evaluate such assessments to— 

7 (A) establish baselines with respect to aer8 obic capacity, muscular strength and endur9 ance, flexibility, and body composition that each 

10 such student should meet by a certain period; 

11 and 

12 (B) identify interventions to assist each 

13 such student in meeting such baselines; 

14 (3) review the interventions identified under 

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

16 with respect to such interventions; 

17 (4) use the determinations for best practices 

18 under paragraph (3) to implement interventions in 

19 each school under the jurisdiction of the entity; and 

20 (5) not later than 1 year after the implementa21 tion of the interventions, assess the physical fitness 

22 of each student served by the entity. 

23 (d) REPORTING.— 

24 (1) ELIGIBLE ENTITY.—Each eligible entity re25 ceiving a grant under this section shall submit to the 


jbell on DSK7SPTVN1PROD with BILLS
79 

•HR 2795 IH

1 Secretary at such time and in such manner as deter2 mined by the Secretary, a report on— 

3 (A) the initial physical fitness assessments 

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

5 (B) the interventions implemented under 

6 subsection (c)(4); and 

7 (C) the physical fitness assessments car8 ried out under subsection (c)(5) after the inter9 ventions have been implemented. 

10 (2) SECRETARY.—Not later than the first ap11 propriation of Federal funds to carry out this sec12 tion, the Secretary shall use the reports received 

13 under paragraph (1) to prepare and transmit to 

14 Congress a report on— 

15 (A) the average physical fitness levels of 

16 students participating in the coordinated school 

17 health initiative under this section— 

18 (i) prior to the interventions imple19 mented by each eligible entity under this 

20 section; and 

21 (ii) 1 year after the implementation of 

22 the interventions; 

23 (B) the best practices with respect to the 

24 interventions; and 


jbell on DSK7SPTVN1PROD with BILLS
80 

•HR 2795 IH

1 (C) recommendations on how schools and 

2 local educational agencies may incorporate such 

3 best practices. 

4 (e) APPLICATION.—To receive a grant under this sec5 tion, an eligible entity shall submit an application to the 

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

7 containing such information as the Secretary may require. 

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

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

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

11 for activities authorized under this section. 

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

13 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti14 ty’’ means a local educational agency— 

15 (A) that serves— 

16 (i) a high percentage of students eligi17 ble for free or reduced price lunches under 

18 the Richard B. Russell National School 

19 Lunch Act; or 

20 (ii) a community otherwise determined 

21 by the Secretary to be a low-income com22 munity; and 

23 (B) that forms a partnership with an insti24 tution of higher education or a nonprofit health 

25 or education organization, as determined by the 


jbell on DSK7SPTVN1PROD with BILLS
81 

•HR 2795 IH

1 Secretary, for the purposes of carrying out the 

2 coordinated school health initiative described in 

3 subsection (c). 

4 (2) INSTITUTION OF HIGHER EDUCATION.—The 

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

6 meaning given the term in section 101 of the Higher 

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

8 (3) LOCAL EDUCATIONAL AGENCY.—The term 

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

10 such term in section 9101 of the Elementary and 

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

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

13 the Secretary of Agriculture. 

14 SEC. 308. REWARDING ELEMENTARY AND SECONDARY 

15 SCHOOLS FOR OUTSTANDING STUDENT PER16 FORMANCE IN PHYSICAL FITNESS PRO17 GRAMS. 

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

19 Human Services may make grants to elementary and sec20 ondary schools as rewards for their students’ outstanding 

21 performance in the President’s Challenge or other feder22 ally supported physical fitness programs. 

23 (b) PREFERENCE.—In making grants under sub24 section (a), the Secretary shall give preference to elemen25 tary and secondary schools that— 


jbell on DSK7SPTVN1PROD with BILLS
82 

•HR 2795 IH

1 (1) have the highest percentage of students 

2 earning a Presidential Physical Fitness Award 

3 through the President’s Challenge; and 

4 (2) demonstrate the greatest improvement in 

5 the number or percentage of students earning the 

6 National Physical Fitness Award and the Partici7 pant Physical Fitness Award through the Presi8 dent’s Challenge. 

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

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

11 grant funds for programs and activities to further improve 

12 the physical fitness of students. 

13 (d) APPLICATION.—To seek a grant under this sec14 tion, a school shall submit an application at such time, 

15 in such manner, and containing such information as the 

16 Secretary may require. At a minimum, an application 

17 under this subsection shall include— 

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

19 activities for improving physical fitness; 

20 (2) an assurance of compliance with applicable 

21 requirements of physical fitness programs of the De22 partment of Health and Human Services; and 

23 (3) an assessment of physical fitness levels of 

24 students in the school before, during, and after im25 plementation such programs. 


jbell on DSK7SPTVN1PROD with BILLS
83 

•HR 2795 IH

1 (e) REPORTS.— 

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

3 date of the enactment of this Act, and annually 

4 thereafter, the Secretary shall submit a report to the 

5 Congress on the program of grants under this sec6 tion, including— 

7 (A) a description of best practices by ele8 mentary and secondary schools for improving 

9 physical fitness; and 

10 (B) any recommendations for improving 

11 the program under this section. 

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

13 date of the enactment of this Act, the Comptroller 

14 General of the United States shall complete a study 

15 and submit a report to the Congress— 

16 (A) analyzing physical fitness levels of stu17 dents in elementary and secondary schools 

18 across the Nation; 

19 (B) evaluating the President’s Challenge to 

20 determine whether the standards for Presi21 dential Physical Fitness Awards, National 

22 Physical Fitness Awards, and Participant Phys23 ical Fitness Awards are accurate, up-to-date, 

24 and appropriate; and 


jbell on DSK7SPTVN1PROD with BILLS
84 

•HR 2795 IH

1 (C) evaluating the effectiveness of the 

2 awards described in subparagraph (B). 

3 (f) DEFINITIONS.—In this section: 

4 (1) The term ‘‘elementary and secondary 

5 schools’’ means public or private elementary schools 

6 and secondary schools (as defined in section 9101 of 

7 the Elementary and Secondary Education Act of 

8 1965 (20 U.S.C. 7801)). 

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

10 the premier program of the President’s Council on 

11 Fitness, Sports & Nutrition, under the Secretary of 

12 Health and Human Services, for increasing physical 

13 activity and improving physical fitness. 

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

15 of Health and Human Services. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS