SEC. 6. LOCAL WELLNESS POLICY. 
Subsection (b) of section 204 of the Child Nutrition 
and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 
note) is amended— 
(1) in paragraph (1), by inserting ‘‘and the Of-
fice of Childhood Overweight and Obesity Prevention 
and Treatment’’ after ‘‘the Centers for Disease Con-
trol and Prevention’’; and 
(2) in paragraph (2)— 
(A) by redesignating subparagraphs (B), 
(C), and (D) as subparagraphs (C), (D), and 
(E), respectively; and 
(B) by adding after subparagraph (A) the 
following new subparagraph: 
‘‘(B) support schools and local educational 
agencies in— 
‘‘(i) communicating with parents on 
how nutrition, wellness, and physical activ-
ity affect the health of their child; 
‘‘(ii) implementing nutrition, wellness 
practices, and physical activity guidelines; 
‘‘(iii) 
integrating 
nutrition 
and 
wellness, family and consumer sciences 
education programs, and physical activity 
into the overall curriculum; 
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‘‘(iv) offering professional develop-
ment for faculty and staff that includes in-
formation on nutrition and wellness and 
physical activity issues; 
‘‘(v) improving the quality of physical 
education curricula and increasing the 
training of physical education teachers; 
and 
‘‘(vi) encouraging healthy eating and 
reducing school dependence on profits from 
the sale of foods with minimal nutritional 
value;’’. 
SEC. 7. REGULATIONS. 
Section 10 of the Child Nutrition Act of 1966 (42 
U.S.C. 1779) is amended— 
(1) in subsection (a), by striking ‘‘, including 
regulations’’ and all that follows through ‘‘School 
Lunch Act’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘The regulations’’ and all 
that follows through ‘‘if’’ and inserting ‘‘The 
Secretary shall prescribe regulations relating to 
the service of foods and beverages in partici-
pating schools and service institutions in com-
petition with the programs authorized under 
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this Act and the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.). 
Such regulations shall require that’’; and 
(B) by striking the period at the end and 
inserting the following: ‘‘and shall, based on the 
categories 
identified 
pursuant 
to 
section 
1711(b)(7)(A) of the Public Health Service 
Act— 
‘‘(1) identify Tier 1 foods and beverages, which 
are healthful for children and the consumption of 
which is encouraged, and provide that such foods 
and beverages may be offered throughout the school 
day at all school levels; 
‘‘(2) identify Tier 2 foods and beverages, which 
do not exceed an acceptable level of total, saturated, 
and trans fat, sugars, and sodium, and provide that 
such foods and beverages may be made available 
only at limited times of the day at specified school 
levels; and 
‘‘(3) identify Tier 3 foods and beverages, which 
do not contribute to a healthful diet for children and 
adolescents, and provide that such foods and bev-
erages may not be made available during the school 
day or at after-school activities for students, except 
that the local wellness policy required by section 204 
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of the Child Nutrition and WIC Reauthorization Act 
of 2004 (42 U.S.C. 1751 note) may allow such foods 
and beverages to be offered at occasional events au-
thorized by the school, such as celebrations, special 
fundraising events, and after school activities.’’. 
SEC. 8. EARLY AND PERIODIC SCREENING, DIAGNOSTIC, 
AND TREATMENT SERVICES. 
(a) IN GENERAL.—Section 1905(r) of the Social Se-
curity Act (42 U.S.C. 1396d) is amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by adding after paragraph (4) the following 
new paragraph: 
‘‘(5) Obesity prevention, nutritional counseling, 
and other services for obesity— 
‘‘(A) which are provided— 
‘‘(i) at intervals which meet reason-
able standards of medical practice, as de-
termined by the State after consultation 
with recognized medical organizations in-
volved in child health care; and 
‘‘(ii) at such other intervals indicated 
as medically necessary; and 
‘‘(B) which shall at a minimum include nu-
tritional counseling and treatment for obesity.’’. 
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(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by subsection 
(a)(2) shall apply to medical assistance furnished on 
or after January 1, 2010. 
(2) EXCEPTION FOR STATE LEGISLATION.—In 
the case of a State plan under title XIX of the So-
cial Security Act, which the Secretary of Health and 
Human Services determines requires State legisla-
tion in order for the plan to meet the additional re-
quirement imposed by the amendment made by sub-
section (a)(2), the State plan shall not be regarded 
as failing to comply with the requirement of such 
title solely on the basis of its failure to meet such 
additional requirement before the first day of the 
first calendar quarter beginning after the close of 
the first regular session of the State legislature that 
begins after the date of enactment of this Act. For 
purposes of the previous sentence, in the case of a 
State that has a 2-year legislative session, each year 
of the session shall be considered to be a separate 
regular session of the State legislature. 
SEC. 9. REQUIRING COVERAGE OF EPSDT SERVICES UNDER 
SCHIP. 
(a) ADDITIONAL REQUIRED SERVICES.— 
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(1) REQUIRED
COVERAGE
OF
EPSDT
SERV-
ICES.—Section 2103(c) of the Social Security Act 
(42 U.S.C. 1397cc(c)) is amended— 
(A) by redesignating paragraphs (7) and 
(8) as paragraphs (8) and (9), respectively; and 
(B) by inserting after paragraph (6), the 
following: 
‘‘(7) EPSDT 
OBESITY
TREATMENT
SERV-
ICES.—The child health assistance provided to a tar-
geted low-income child shall include coverage of 
early and periodic screening, diagnostic, and treat-
ment services described in section 1905(r)(5) and 
provided in accordance with section 1902(a)(43).’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
2103(a) (42 U.S.C. 1397cc(a)) is amended, in the 
matter preceding paragraph (1), by striking ‘‘para-
graphs (5), (6), and (7)’’ and inserting ‘‘paragraphs 
(5), (6), (7), and (8)’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by subsection 
(a)(1)(B) shall apply to child health assistance fur-
nished on or after January 1, 2010. 
(2) EXCEPTION FOR STATE LEGISLATION.—In 
the case of a State child health plan under title XXI 
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of the Social Security Act, which the Secretary of 
Health and Human Services determines requires 
State legislation in order for the plan to meet the 
additional requirement imposed by the amendment 
made by subsection (a)(1)(B), the State child health 
plan shall not be regarded as failing to comply with 
the requirements of such title solely on the basis of 
its failure to meet such additional requirement be-
fore the first day of the first calendar quarter begin-
ning after the close of the first regular session of the 
State legislature that begins after the date of enact-
ment of this Act. For purposes of the previous sen-
tence, in the case of a State that has a 2-year legis-
lative session, each year of the session shall be con-
sidered to be a separate regular session of the State 
legislature. 
SEC. 10. AUTHORIZATION AND AVAILABILITY OF APPRO-
PRIATIONS. 
(a) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out 
this Act. 
(b) AVAILABILITY.—Amounts appropriated pursuant 
to paragraph (1) shall remain available until expended. 
Æ 
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