I 
111TH CONGRESS 
1ST SESSION H. R. 4053 
To establish the Office of Childhood Overweight and Obesity Prevention 
and Treatment within the Office of Public Health and Science of the 
Department of Health and Human Services, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 6, 2009 
Mr. MORAN of Virginia (for himself and Mr. PASCRELL) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Education and Labor, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To establish the Office of Childhood Overweight and Obesity 
Prevention and Treatment within the Office of Public 
Health and Science of the Department of Health and 
Human Services, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Healthy Kids Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) Over the past 3 decades, the rate of obesity 
has more than doubled for children aged 2 to 11 
years and more than tripled for adolescents aged 12 
to 19 years according to the Centers for Disease 
Control and Prevention. 
(2) Current data from the Centers for Disease 
Control and Prevention shows that 32 percent of 
children are overweight, 16 percent are obese, and 
11 percent are extremely obese. 
(3) In low-income populations, some racial and 
ethnic groups, and among recent immigrants, the 
rates of obesity among children and youth are 
alarmingly high. 
(4) Overweight and obese children are at much 
greater risk of developing diabetes, heart disease, 
high blood pressure, asthma, and other diseases than 
their non-obese peers, and many are subjected to 
ridicule and bullying that damages their emotional 
well-being. 
(5) Overweight and obese children are at risk of 
growing into adults who do not participate fully in 
the workforce because of employment discrimination, 
lost productivity due to illness and disability, and 
premature death. 
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(6) In 2008, national health care expenditures 
associated with adult overweight and obesity exceed-
ed $100,000,000,000. 
(7) Many factors contribute to the childhood 
obesity epidemic, including eating patterns, family 
dynamics, economic situations, levels of physical ac-
tivity, and the influence of media messages. 
(8) Research shows that current food and bev-
erage marketing practices influence children and 
youth to make choices that are not in keeping with 
healthful diets, and agreement on effective voluntary 
industry standards has not been reached. 
(9) Family plays an important role in society 
and is widely recognized as important in shaping 
and establishing children’s attitudes and behaviors 
about nutrition. 
(10) Family and consumer sciences education 
programs can address nutrition, fitness, and positive 
lifestyle choices as an integral part of the cur-
riculum. Positive health attitudes and habits are the 
foundation for successful management of daily living 
and therefore prepare young people to manage the 
multiple roles of family member, wage earner, and 
community leader. 
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(11) Existing State immunization and health 
registries present a unique opportunity to create 
State and national childhood body mass index sur-
veillance systems. Because all 50 States currently 
maintain childhood immunization tracking systems, 
using such systems to track childhood obesity data 
is an effective, efficient basis for building a national 
childhood obesity surveillance system. 
(12) Health screenings under the Medicaid and 
SCHIP programs are important tools for preventing 
overweight and obesity, and follow-up counseling and 
treatment must be available to children suffering 
from or at risk for these conditions. 
(13) Childhood obesity is a public health crisis 
that will not be solved without the full support of the 
Government. 
(14) To address this crisis, it is necessary to co-
ordinate the budgets, policies, programs, and re-
search efforts of Federal agencies and to establish 
effective interdepartmental collaboration and prior-
ities for action, paying particular attention to the 
unique needs of diverse groups and high-risk popu-
lations. 
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SEC. 3. FTC REVIEW OF ADVERTISING AND MARKETING OF 
UNHEALTHY FOODS AND BEVERAGES. 
(a) DETERMINATION.—Not later than 3 years after 
the issuance of guidelines by the Office of Childhood Over-
weight and Obesity Prevention and Treatment described 
in section 1711(b)(7) of the Public Health Service Act, 
the Federal Trade Commission shall— 
(1) promulgate rules that define advertising, 
promoting, and marketing directed at children and 
youth including— 
(A) the age of the intended audience; and 
(B) the medium used to convey such ad-
vertising, promoting, or marketing; and 
(2) promulgate rules under section 553 of title 
5, United States Code, consistent with the guidelines 
issued by the Office of Childhood Overweight and 
Obesity Prevention and Treatment described in sec-
tion 1711(b)(7) of the Public Health Service Act, 
specifying categories of foods and beverages for or 
about which any advertisement, promotion, or mar-
keting directed at children and youth shall be an 
abusive, unfair, or deceptive act or practice in or af-
fecting commerce. 
(b) VIOLATION.—A violation of a rule promulgated 
under subsection (a)(2) shall be treated as a violation of 
a rule defining an unfair or deceptive act or practice pre-
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scribed under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal 
Trade Commission shall enforce this section in the same 
manner, by the same means, and with the same jurisdic-
tion as though all applicable terms and provisions of the 
Federal Trade Commission Act were incorporated into and 
made a part of this section. 
(c) REPEAL.—Section 18(h) of the Federal Trade 
Commission Act (15 U.S.C. 57a(h)) is repealed. 
(d) CONFORMING AMENDMENTS.—Subsections (i) 
and (j) of section 18 of the Federal Trade Commission 
Act (15 U.S.C. 57a) are redesignated as subsections (h) 
and (i), respectively. 
SEC. 4. FCC LIMITS ON ADVERTISING UNHEALTHY FOODS 
AND BEVERAGES DURING CHILDREN’S PRO-
GRAMMING. 
Section 102 of the Children’s Television Act of 1990 
(47 U.S.C. 303a) is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) LIMITATION ON ADVERTISING FOODS AND BEV-
ERAGES OF LOW NUTRITIONAL VALUE TO CHILDREN.— 
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‘‘(1) IN
GENERAL.—Not later than 30 days 
after the issuance of guidelines by the Office of 
Childhood Overweight and Obesity Prevention and 
Treatment as required by section 1711(b)(7) of the 
Public Health Service Act, the Commission shall ini-
tiate a proceeding to revise its regulations with re-
spect to commercial matter in children’s television 
programming for the purpose of limiting the amount 
of time devoted to advertising foods and beverages 
of low nutritional value. 
‘‘(2) RULE
CONTENTS.—In carrying out the 
proceeding under paragraph (1), the Commission 
shall, at a minimum— 
‘‘(A) prohibit the showing of any advertise-
ments during or adjacent to children’s television 
programming for foods or beverages classified 
as Tier 3 under guidelines issued under such 
section; 
‘‘(B) limit the amount of time devoted to 
advertisements during or adjacent to children’s 
television programming for foods or beverages 
classified as Tier 2 under such guidelines to 2 
minutes per hour on weekends and 3 minutes 
per hour on weekdays; and 
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‘‘(C) apply such prohibitions and limita-
tions to commercial television broadcast licens-
ees and to direct broadcast satellite (DBS) pro-
viders, as defined in section 25.701(a) of the 
Commission’s rules (47 CFR 25.701(a)). 
‘‘(3) DEADLINE.—The Commission shall take 
all actions necessary to complete the proceeding re-
quired under paragraph (1) within 120 days after 
the initiation of such proceeding.’’. 
SEC. 5. OFFICE OF CHILDHOOD OVERWEIGHT AND OBESITY 
PREVENTION AND TREATMENT. 
Title XVII of the Public Health Service Act (42 
U.S.C. 300u et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 1711. OFFICE OF CHILDHOOD OVERWEIGHT AND OBE-
SITY PREVENTION AND TREATMENT. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Office of Public Health and Science of the Department 
of Health and Human Services an office to be known as 
the Office of Childhood Overweight and Obesity Preven-
tion and Treatment (in this section referred to as the ‘Of-
fice’), which shall be headed by a director appointed by 
the Secretary (in this section referred to as the ‘Director’). 
‘‘(b) DUTIES.—The Secretary, acting through the Di-
rector, shall carry out the following: 
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‘‘(1) Evaluate the policies, programs, and ac-
tions of each Federal agency to identify— 
‘‘(A) existing evidence-based policies, pro-
grams, and actions that are effective in pre-
venting childhood obesity; and 
‘‘(B) opportunities for each Federal agency 
to develop new age- and developmentally-appro-
priate evidence-based policies, programs, and 
actions to prevent childhood obesity. 
‘‘(2) Expand Federal data collection and sur-
veillance systems to monitor— 
‘‘(A) the prevalence of childhood obesity 
and co-morbidities; 
‘‘(B) dietary behaviors, physical activity 
levels, and sedentary behaviors of children and 
youth; and 
‘‘(C) the effectiveness of existing public 
and private sector policies, programs, and ac-
tions in preventing childhood obesity, including 
local wellness policies under section 204 of the 
Child Nutrition and WIC Reauthorization Act 
of 2004 (42 U.S.C. 1751 note). 
‘‘(3) Implement Federal support measures, in-
cluding grants, to increase the capacity of State, 
tribal, and territorial health departments to— 
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‘‘(A) provide leadership and technical as-
sistance in preventing and treating childhood 
obesity; 
‘‘(B) enhance surveillance efforts, including 
support for the development of health registries, 
immunization information systems, or other 
child health information systems that may be 
used to monitor local rates of childhood obesity 
and co-morbidities; and 
‘‘(C) implement obesity prevention and 
treatment programs and evaluate such pro-
grams to establish best practices. 
‘‘(4) Implement a coordinated, comprehensive, 
long-term, and national multimedia public education 
campaign focused on preventing childhood obesity 
and evaluate the effectiveness of such public edu-
cation campaign. 
‘‘(5) Promote the adoption of and describe and 
evaluate barriers to the implementation of Federal 
standards and guidelines for age-appropriate nutri-
tion and wellness practices and physical activity pro-
grams for all students. 
‘‘(6) Evaluate the effectiveness of Federal agri-
cultural policies (including agricultural subsidies, 
commodity programs, and programs to promote 
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farmers markets and community food projects in 
areas with limited access to affordable and nutri-
tious food) at making a diet consistent with the Die-
tary Guidelines for Americans published jointly by 
the Department of Health and Human Services and 
the Department of Agriculture affordable and avail-
able to Americans at all economic levels. 
‘‘(7) Within 2 years after the date of the enact-
ment of this section, for purposes of encouraging 
healthful eating patterns in children and adolescents 
and improving children’s and adolescents’ under-
standing of their nutritional needs— 
‘‘(A) in consultation with the Secretary of 
Agriculture, and with reference to recommenda-
tions by the Institute of Medicine of the Na-
tional Academies, identify the following cat-
egories of foods and beverages— 
‘‘(i) Tier 1 foods and beverages, which 
are healthful for children and adolescents 
and the consumption of which is encour-
aged; 
‘‘(ii) Tier 2 foods and beverages, 
which do not exceed levels of total, satu-
rated, and trans fat, sugars, and sodium 
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that are acceptable in a healthful diet for 
children and adolescents; and 
‘‘(iii) Tier 3 foods and beverages, 
which do not contribute to a healthful diet 
for children and adolescents and the con-
sumption of which is discouraged; and 
‘‘(B) in consultation with the Chairman of 
the Federal Trade Commission and the Chair-
man of the Federal Communications Commis-
sion, for each category of foods and beverages 
described in subparagraph (A), develop and 
publish guidelines applicable to the marketing, 
advertising, or promoting of such foods and 
beverages to children and adolescents that sup-
port the purposes of this paragraph, taking into 
account— 
‘‘(i) the emotional vulnerability of 
children and adolescents and their cog-
nitive ability to distinguish between com-
mercial and non-commercial content; and 
‘‘(ii) society’s interest in protecting 
the health and well-being of its children 
and the long-term health and well-being of 
its population. 
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‘‘(8) In consultation with the National Insti-
tutes of Health, evaluate existing research and iden-
tify and initiate further research as necessary in pe-
diatric obesity prevention by examining— 
‘‘(A) factors involved in changing dietary 
behaviors, physical activity levels, and sedentary 
behaviors, including factors to motivate changes 
in behavior; 
‘‘(B) factors that influence nutrition and 
wellness practices across an individual’s life 
span; 
‘‘(C) strategies to reinforce and sustain im-
proved behavior; 
‘‘(D) barriers to behavioral change; 
‘‘(E) specific ethnic and cultural influences 
on behavioral change; 
‘‘(F) policy, environmental, social, clinical, 
and behavioral interventions that focus on— 
‘‘(i) reducing and preventing an in-
crease in obesity prevalence; 
‘‘(ii) improving dietary behaviors; 
‘‘(iii) increasing the accessibility of 
healthy, affordable foods in communities; 
‘‘(iv) increasing physical activity lev-
els, including an assessment of the impact 
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of changes to the built environment (the 
man-made physical structures and infra-
structure of communities) on the levels of 
physical activity in communities and popu-
lations; and 
‘‘(v) reducing sedentary behaviors; 
‘‘(G) the feasibility, efficacy, effectiveness, 
and sustainability of intervention approaches; 
‘‘(H) the ways in which the marketing of 
foods, beverages, and sedentary entertainment 
influence the attitudes and behaviors of children 
and youth; 
‘‘(I) whether taxation and pricing strate-
gies can be used to promote improved dietary 
behaviors, more physical activity, or reduced 
sedentary behaviors; and 
‘‘(J) the effect of exposure to endocrine- 
disrupting chemicals, including exposure in 
utero, on the initiation or exacerbation of obe-
sity. 
‘‘(9) Make available to local educational agen-
cies, school food authorities, and State educational 
agencies information and technical assistance for use 
as described in section 204 of the Child Nutrition 
and WIC Reauthorization Act of 2004 (42 U.S.C. 
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1751 note), as amended by section 6 of the Healthy 
Kids Act. 
‘‘(10) Subject to the availability of appropria-
tions provided for such purpose, establish and carry 
out the grant program under subsection (c). 
‘‘(c) GRANT PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Director, may establish and carry out a 
matching grant program to make grants to eligible 
entities to— 
‘‘(A) assist the Office— 
‘‘(i) in gathering data regarding child-
hood obesity; and 
‘‘(ii) in implementing a coordinated, 
comprehensive, long-term, and national 
multimedia public education campaign fo-
cused on preventing childhood obesity; and 
‘‘(iii) in evaluating the effectiveness of 
such public education campaign; and 
‘‘(B) carry out demonstration programs to 
reduce the incidence of childhood obesity. 
‘‘(2) ELIGIBLE ENTITIES.—For purposes of this 
subsection, an ‘eligible entity’ means a— 
‘‘(A) State; 
‘‘(B) unit of general local government; 
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‘‘(C) nonprofit organization with dem-
onstrated experience and focus in childhood 
obesity issues, as determined by the Director; 
‘‘(D) a partnership between any combina-
tion of subparagraphs (A) through (C). 
‘‘(3) MATCHING
REQUIREMENT.—An eligible 
entity that receives a grant under this subsection 
shall provide, from non-Federal sources, an amount 
equal to 25 percent of such grant award to carry out 
the activities under this subsection. Such non-Fed-
eral share may be provided in the form of in-kind 
contributions of services or materials. 
‘‘(4) REPORTS.— 
‘‘(A) REPORTS TO THE DIRECTOR.—Not 
later than 1 year after receipt of funds from a 
grant awarded under this subsection, and for 
each fiscal year an entity receives such funding 
thereafter, such entity shall submit to the Di-
rector a report on its use of grant funds re-
ceived and such other information as the Direc-
tor may require. 
‘‘(B) REPORTS TO CONGRESS.—Not later 
than 2 years after the first disbursement of 
funds for a grant awarded under this sub-
section, and annually thereafter, the Secretary, 
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acting through the Director, shall submit to 
Congress a report on the status of the grant 
program under this subsection. 
‘‘(5) LIMITATION ON FUNDS.—Of the amounts 
provided through a grant under this subsection, an 
eligible entity may use not more than 10 percent for 
administrative expenses. 
‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
the 
grant 
program 
under 
this 
subsection 
$15,000,000 for each of fiscal years 2011 to 2015. 
‘‘(d) EXISTING PROGRAMS.—The Secretary, acting 
through the Director, shall carry out the duties under sub-
section (b) in a manner that enhances existing programs 
that the Secretary determines are effective. 
‘‘(e) CONSULTATION.—In order to carry out the du-
ties of the Office, the Secretary, acting through the Direc-
tor, shall consult with— 
‘‘(1) experts from the public sector, including— 
‘‘(A) the Director of the Centers for Dis-
ease Control and Prevention; 
‘‘(B) the Secretary of Agriculture; 
‘‘(C) the Secretary of Education; 
‘‘(D) the Secretary of Defense; 
‘‘(E) the Secretary of Interior; 
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‘‘(F) the Secretary of Transportation; 
‘‘(G) the Secretary of Housing and Urban 
Development; 
‘‘(H) the Chairman of the Federal Com-
munications Commission; and 
‘‘(I) the Chairman of the Federal Trade 
Commission; and 
‘‘(2) experts from the private sector, including 
experts in pediatrics, public health, psychology, nu-
trition, sports medicine, or related fields, such as 
family and consumer services education. 
‘‘(f) ANNUAL REPORT.—Not later than one year 
after the date of the enactment of this section, and annu-
ally thereafter, the Secretary, acting through the Director, 
shall submit to Congress a report on the activities of the 
Office carried out under this section and any findings, 
conclusions, and recommendations based on such activi-
ties. 
‘‘(g) CONSIDERATIONS.—In carrying out this section, 
the Secretary, acting through the Director, shall consider 
the unique needs of racially and ethnically diverse groups 
and high-risk populations, including low-income popu-
lations and communities.’’. 
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