I 

111TH CONGRESS 

1ST SESSION H. R. 3144 

To amend the Public Health Service Act to promote obesity prevention, 

including proper nutrition and exercise. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2009 

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

Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to promote obesity 

prevention, including proper nutrition and exercise. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Healthy Communities 

5 Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) According to the National Health and Nu9 trition Examination Survey (NHANES) from 2003– 

10 2006, for children aged 6–11 years and 12–19 


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1 years, the prevalence of being overweight was 17 

2 percent and 17.6 percent, respectively. 

3 (2) According to the Surgeon General, over4 weight adolescents have a 70 percent chance of be5 coming overweight or obese adults. 

6 (3) According to the Surgeon General, over7 weight and obesity are associated with heart disease, 

8 certain types of cancer, type 2 diabetes, stroke, ar9 thritis, breathing problems, and psychological dis10 orders, such as depression. 

11 (4) According to the Surgeon General, an esti12 mated 300,000 deaths per year may be attributable 

13 to obesity. 

14 (5) The Centers for Disease Control and Pre15 vention reports that in 2000, the total cost of obe16 sity in the United States was estimated to be $117 

17 billion. 

18 (6) According to the Dietary Guidelines pro19 duced by the Department of Agriculture, increasing 

20 consumption of fruits and vegetables, whole grains, 

21 and calcium-rich foods, while reducing saturated 

22 fats, trans fats, sodium, added sugars, and excess 

23 calories and reducing obesity could dramatically im24 prove Americans’ health and well-being. 


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1 (7) According to the Surgeon General, nearly 

2 half of young people aged 12–21 are not vigorously 

3 active on a regular basis. Yet, regular physical activ4 ity improves strength, builds lean muscle, and de5 creases body fat. 

6 SEC. 3. COMMUNITY OBESITY PREVENTION PROGRAM. 

7 Part P of title III of the Public Health Service Act 

8 (42 U.S.C. 280g et seq.) is amended— 

9 (1) by redesignating the second and third sec10 tions 399R as sections 399S and 399T, respectively; 

11 and 

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

13 ‘‘SEC. 399U. COMMUNITY OBESITY PREVENTION PROGRAM. 

14 ‘‘(a) IN GENERAL.—The Secretary shall make 5-year 

15 grants to community partnerships for programs to combat 

16 obesity. 

17 ‘‘(b) PARTNERSHIP MEMBERS.—To be eligible to 

18 seek a grant under this section, at minimum, a community 

19 partnership shall include members representing each of 

20 the following areas: 

21 ‘‘(1) Hospitals. 

22 ‘‘(2) School districts. 

23 ‘‘(3) Early childhood care providers. 

24 ‘‘(4) Local governments. 

25 ‘‘(5) Health insurance companies. 


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1 ‘‘(6) Pediatricians. 

2 ‘‘(7) Other health professionals. 

3 ‘‘(8) Local employers. 

4 ‘‘(c) FUNDING REQUIREMENTS.—To be eligible for 

5 funding under this section, a program shall comply with 

6 each of the following: 

7 ‘‘(1) EXECUTIVE COUNCIL.— 

8 ‘‘(A) The program shall have an executive 

9 council composed of one partnership member 

10 from each of the areas listed in subsection (b). 

11 ‘‘(B) The executive council shall be respon12 sible for governing, overseeing, and managing 

13 the program. 

14 ‘‘(C) The executive council shall meet 

15 monthly to discuss governing the program. 

16 ‘‘(D) The executive council shall have sub17 committees composed of partnership members 

18 representing a variety of community partici19 pants in order to involve as many people as pos20 sible. 

21 ‘‘(2) STEERING COMMITTEE.— 

22 ‘‘(A) The program shall have a steering 

23 committee composed of, at minimum, the fol24 lowing: 


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1 ‘‘(i) Local health groups who engage 

2 in obesity-related programming. 

3 ‘‘(ii) Local environmental groups who 

4 work on urban planning and forming ‘liv5 able communities’. 

6 ‘‘(iii) Local recreational facilities that 

7 engage in obesity-related programming. 

8 ‘‘(iv) Representatives of each of the 

9 partnership members. 

10 ‘‘(v) Representatives of local res11 taurants or grocery stores that offer 

12 healthy food options. 

13 ‘‘(vi) Representatives of local farmers. 

14 ‘‘(vii) Other groups as deemed appro15 priate by the executive committee. 

16 ‘‘(B) The steering committee shall meet at 

17 least 10 times per year and perform the fol18 lowing functions: 

19 ‘‘(i) Assess the progress of the pro20 gram. 

21 ‘‘(ii) Provide recommendations to the 

22 executive council concerning improvements 

23 to the program. 


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1 ‘‘(3) PROGRAM COMPONENTS.—The program 

2 shall address all the different components of fighting 

3 obesity and include the following: 

4 ‘‘(A) Physical exercise and a physical activ5 ity environment encouraging— 

6 ‘‘(i) daily physical activity or exercise; 

7 and 

8 ‘‘(ii) community events based around 

9 physical activity or exercise. 

10 ‘‘(B) Nutritional counseling and nutritional 

11 environment activities including— 

12 ‘‘(i) counseling from a registered dieti13 tian; 

14 ‘‘(ii) community healthy meal and 

15 snack ideas— 

16 ‘‘(I) at home; 

17 ‘‘(II) at school; 

18 ‘‘(III) at early childhood care; 

19 and 

20 ‘‘(IV) at the workplace; and 

21 ‘‘(iii) alternatives to unhealthy food 

22 choices and availability of nutritious foods, 

23 including evaluation of potential food 

24 ‘deserts’ and farmers’ markets. 

25 ‘‘(C) Education to— 


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1 ‘‘(i) provide information about the im2 portance of eating healthily and maintain3 ing a balanced diet to the community; 

4 ‘‘(ii) provide information about the 

5 importance of being physically fit; and 

6 ‘‘(iii) provide strategies for addressing 

7 varying individual capabilities to attain 

8 physical fitness. 

9 ‘‘(D) An evidence-based curriculum using 

10 the National Institutes of Health’s Ways to En11 hance Children’s Activity and Nutrition (We 

12 Can) program and curriculum to guide the pro13 gram. 

14 ‘‘(4) BEST PRACTICES.—The program shall 

15 make use of evidence-based practices, strategies, 

16 programs, and policies in designing program guide17 lines. 

18 ‘‘(5) COMMUNICATIONS.—The program shall 

19 develop a communications plan that involves the en20 tire community, utilizing a wide variety of resources. 

21 ‘‘(6) OCCURRENCE OF PROGRAM.—The pro22 gram shall have both in-school and workplace 

23 wellness programs to encourage healthier behavior 

24 by all participants on a consistent basis. 


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1 ‘‘(7) WELLNESS COORDINATOR.—The program 

2 shall identify a person, to be known as the Wellness 

3 Coordinator, who will ensure that the program is 

4 being implemented to encourage healthy lifestyles. 

5 The Wellness Coordinator shall provide monthly up6 dates to the executive committee and steering com7 mittee on the components of the program being im8 plemented and progress made towards meeting 

9 goals. 

10 ‘‘(8) ASSESSMENT.—The executive committee 

11 and steering committee shall perform an assessment 

12 of the obesity problem in the respective community. 

13 The assessment shall include— 

14 ‘‘(A) measurement of the extent of the 

15 problem; and 

16 ‘‘(B) factors contributing to the problem. 

17 ‘‘(9) GOALS.—Based on the assessment pursu18 ant to paragraph (8), the executive committee, steer19 ing committee, and Wellness Coordinator shall work 

20 together to lay out achievable short- and long-term 

21 goals for reducing childhood obesity. These goals 

22 shall include the following: 

23 ‘‘(A) Specific percentage decrease in rates 

24 of obese adults and children. 


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1 ‘‘(B) Specific percentage decrease in rates 

2 of overweight adults and children. 

3 ‘‘(C) Specific percentage increase in rates 

4 of children attaining at least 60 minutes of 

5 physical activity per day and adults attaining at 

6 least 30 minutes of physical activity per day. 

7 ‘‘(D) Specific percentage increase in im8 proved nutrition among children and adults. 

9 ‘‘(10) REPORTS.—Not later than 12 months 

10 after a program first receives funds under this sec11 tion, and annually thereafter, the Wellness Coordi12 nator shall submit a report to the Secretary on the 

13 success of the program. The report shall include 

14 measurement of the effectiveness of the program in 

15 achieving its goals. 

16 ‘‘(d) PROHIBITION AGAINST USE OF FUNDS FOR AD17 MINISTRATIVE EXPENSES.— 

18 ‘‘(1) PROHIBITION.—The Secretary shall pro19 hibit a community partnership awarded a grant 

20 under this section from using the grant to pay the 

21 administrative expenses of the partnership’s pro22 gram to combat obesity. 

23 ‘‘(2) EXCEPTIONS.—Notwithstanding para24 graph (1), the Secretary may allow such community 

25 partnership to use the grant— 


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1 ‘‘(A) to pay the salaries and benefits of 

2 staff responsible for implementing the program; 

3 or 

4 ‘‘(B) to pay the costs of performing an as5 sessment under subsection (c)(8). 

6 ‘‘(e) PREFERENCE.—In selecting grant recipients 

7 under this section, the Secretary shall give preference to 

8 communities with high levels of obesity and related chronic 

9 diseases. 

10 ‘‘(f) APPLICATION FOR ASSISTANCE DURING SUBSE11 QUENT GRANT YEARS.—To continue receiving assistance 

12 through a grant under this section, a community partner13 ship shall submit a separate application to the Secretary 

14 at the beginning of each fiscal year during the grant pe15 riod. At a minimum, an application so submitted for the 

16 second or subsequent year of a grant shall include a de17 scription of the partnership’s progress in the following 

18 areas: 

19 ‘‘(1) Reducing the number of people who are 

20 overweight and obese. 

21 ‘‘(2) Improving the number of people receiving 

22 the recommended daily allowance of nutritional food, 

23 including fruits and vegetables. 


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1 ‘‘(3) Improving the number of people devoting 

2 at least 30 minutes a day to physical activity for 

3 adults and 60 minutes a day for children. 

4 ‘‘(g) FUNDING.— 

5 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

6 To carry out this section, there are authorized to be 

7 appropriated $10,000,000 for fiscal year 2010 and 

8 such sums as may be necessary for fiscal years 2011 

9 to 2015. 

10 ‘‘(2) MAXIMUM AMOUNT OF GRANT FOR FIRST

11 YEAR.—For the first year of a grant to a community 

12 partnership under this section, the Secretary may 

13 award not more than $100,000. 

14 ‘‘(3) MATCHING FUNDS.—With respect to the 

15 costs of a program to combat obesity to be funded 

16 under this section, the Secretary may make a grant 

17 to a community partnership only if the partnership 

18 agrees to make available non-Federal contributions 

19 toward such costs in an amount that is not less than 

20 $1 for every $4 of Federal funds provided pursuant 

21 to this section.’’. 

Æ 


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