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. 
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 Communities 
Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) According to the National Health and Nu-
trition Examination Survey (NHANES) from 2003– 
2006, for children aged 6–11 years and 12–19 
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years, the prevalence of being overweight was 17 
percent and 17.6 percent, respectively. 
(2) According to the Surgeon General, over-
weight adolescents have a 70 percent chance of be-
coming overweight or obese adults. 
(3) According to the Surgeon General, over-
weight and obesity are associated with heart disease, 
certain types of cancer, type 2 diabetes, stroke, ar-
thritis, breathing problems, and psychological dis-
orders, such as depression. 
(4) According to the Surgeon General, an esti-
mated 300,000 deaths per year may be attributable 
to obesity. 
(5) The Centers for Disease Control and Pre-
vention reports that in 2000, the total cost of obe-
sity in the United States was estimated to be $117 
billion. 
(6) According to the Dietary Guidelines pro-
duced by the Department of Agriculture, increasing 
consumption of fruits and vegetables, whole grains, 
and calcium-rich foods, while reducing saturated 
fats, trans fats, sodium, added sugars, and excess 
calories and reducing obesity could dramatically im-
prove Americans’ health and well-being. 
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(7) According to the Surgeon General, nearly 
half of young people aged 12–21 are not vigorously 
active on a regular basis. Yet, regular physical activ-
ity improves strength, builds lean muscle, and de-
creases body fat. 
SEC. 3. COMMUNITY OBESITY PREVENTION PROGRAM. 
Part P of title III of the Public Health Service Act 
(42 U.S.C. 280g et seq.) is amended— 
(1) by redesignating the second and third sec-
tions 399R as sections 399S and 399T, respectively; 
and 
(2) by adding at the end the following: 
‘‘SEC. 399U. COMMUNITY OBESITY PREVENTION PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary shall make 5-year 
grants to community partnerships for programs to combat 
obesity. 
‘‘(b) PARTNERSHIP MEMBERS.—To be eligible to 
seek a grant under this section, at minimum, a community 
partnership shall include members representing each of 
the following areas: 
‘‘(1) Hospitals. 
‘‘(2) School districts. 
‘‘(3) Early childhood care providers. 
‘‘(4) Local governments. 
‘‘(5) Health insurance companies. 
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‘‘(6) Pediatricians. 
‘‘(7) Other health professionals. 
‘‘(8) Local employers. 
‘‘(c) FUNDING REQUIREMENTS.—To be eligible for 
funding under this section, a program shall comply with 
each of the following: 
‘‘(1) EXECUTIVE COUNCIL.— 
‘‘(A) The program shall have an executive 
council composed of one partnership member 
from each of the areas listed in subsection (b). 
‘‘(B) The executive council shall be respon-
sible for governing, overseeing, and managing 
the program. 
‘‘(C) The executive council shall meet 
monthly to discuss governing the program. 
‘‘(D) The executive council shall have sub-
committees composed of partnership members 
representing a variety of community partici-
pants in order to involve as many people as pos-
sible. 
‘‘(2) STEERING COMMITTEE.— 
‘‘(A) The program shall have a steering 
committee composed of, at minimum, the fol-
lowing: 
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‘‘(i) Local health groups who engage 
in obesity-related programming. 
‘‘(ii) Local environmental groups who 
work on urban planning and forming ‘liv-
able communities’. 
‘‘(iii) Local recreational facilities that 
engage in obesity-related programming. 
‘‘(iv) Representatives of each of the 
partnership members. 
‘‘(v) Representatives of local res-
taurants or grocery stores that offer 
healthy food options. 
‘‘(vi) Representatives of local farmers. 
‘‘(vii) Other groups as deemed appro-
priate by the executive committee. 
‘‘(B) The steering committee shall meet at 
least 10 times per year and perform the fol-
lowing functions: 
‘‘(i) Assess the progress of the pro-
gram. 
‘‘(ii) Provide recommendations to the 
executive council concerning improvements 
to the program. 
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‘‘(3) PROGRAM
COMPONENTS.—The program 
shall address all the different components of fighting 
obesity and include the following: 
‘‘(A) Physical exercise and a physical activ-
ity environment encouraging— 
‘‘(i) daily physical activity or exercise; 
and 
‘‘(ii) community events based around 
physical activity or exercise. 
‘‘(B) Nutritional counseling and nutritional 
environment activities including— 
‘‘(i) counseling from a registered dieti-
tian; 
‘‘(ii) community healthy meal and 
snack ideas— 
‘‘(I) at home; 
‘‘(II) at school; 
‘‘(III) at early childhood care; 
and 
‘‘(IV) at the workplace; and 
‘‘(iii) alternatives to unhealthy food 
choices and availability of nutritious foods, 
including evaluation of potential food 
‘deserts’ and farmers’ markets. 
‘‘(C) Education to— 
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‘‘(i) provide information about the im-
portance of eating healthily and maintain-
ing a balanced diet to the community; 
‘‘(ii) provide information about the 
importance of being physically fit; and 
‘‘(iii) provide strategies for addressing 
varying individual capabilities to attain 
physical fitness. 
‘‘(D) An evidence-based curriculum using 
the National Institutes of Health’s Ways to En-
hance Children’s Activity and Nutrition (We 
Can) program and curriculum to guide the pro-
gram. 
‘‘(4) BEST
PRACTICES.—The program shall 
make use of evidence-based practices, strategies, 
programs, and policies in designing program guide-
lines. 
‘‘(5) COMMUNICATIONS.—The program shall 
develop a communications plan that involves the en-
tire community, utilizing a wide variety of resources. 
‘‘(6) OCCURRENCE
OF
PROGRAM.—The pro-
gram shall have both in-school and workplace 
wellness programs to encourage healthier behavior 
by all participants on a consistent basis. 
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‘‘(7) WELLNESS COORDINATOR.—The program 
shall identify a person, to be known as the Wellness 
Coordinator, who will ensure that the program is 
being implemented to encourage healthy lifestyles. 
The Wellness Coordinator shall provide monthly up-
dates to the executive committee and steering com-
mittee on the components of the program being im-
plemented and progress made towards meeting 
goals. 
‘‘(8) ASSESSMENT.—The executive committee 
and steering committee shall perform an assessment 
of the obesity problem in the respective community. 
The assessment shall include— 
‘‘(A) measurement of the extent of the 
problem; and 
‘‘(B) factors contributing to the problem. 
‘‘(9) GOALS.—Based on the assessment pursu-
ant to paragraph (8), the executive committee, steer-
ing committee, and Wellness Coordinator shall work 
together to lay out achievable short- and long-term 
goals for reducing childhood obesity. These goals 
shall include the following: 
‘‘(A) Specific percentage decrease in rates 
of obese adults and children. 
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‘‘(B) Specific percentage decrease in rates 
of overweight adults and children. 
‘‘(C) Specific percentage increase in rates 
of children attaining at least 60 minutes of 
physical activity per day and adults attaining at 
least 30 minutes of physical activity per day. 
‘‘(D) Specific percentage increase in im-
proved nutrition among children and adults. 
‘‘(10) REPORTS.—Not later than 12 months 
after a program first receives funds under this sec-
tion, and annually thereafter, the Wellness Coordi-
nator shall submit a report to the Secretary on the 
success of the program. The report shall include 
measurement of the effectiveness of the program in 
achieving its goals. 
‘‘(d) PROHIBITION AGAINST USE OF FUNDS FOR AD-
MINISTRATIVE EXPENSES.— 
‘‘(1) PROHIBITION.—The Secretary shall pro-
hibit a community partnership awarded a grant 
under this section from using the grant to pay the 
administrative expenses of the partnership’s pro-
gram to combat obesity. 
‘‘(2) 
EXCEPTIONS.—Notwithstanding 
para-
graph (1), the Secretary may allow such community 
partnership to use the grant— 
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‘‘(A) to pay the salaries and benefits of 
staff responsible for implementing the program; 
or 
‘‘(B) to pay the costs of performing an as-
sessment under subsection (c)(8). 
‘‘(e) PREFERENCE.—In selecting grant recipients 
under this section, the Secretary shall give preference to 
communities with high levels of obesity and related chronic 
diseases. 
‘‘(f) APPLICATION FOR ASSISTANCE DURING SUBSE-
QUENT GRANT YEARS.—To continue receiving assistance 
through a grant under this section, a community partner-
ship shall submit a separate application to the Secretary 
at the beginning of each fiscal year during the grant pe-
riod. At a minimum, an application so submitted for the 
second or subsequent year of a grant shall include a de-
scription of the partnership’s progress in the following 
areas: 
‘‘(1) Reducing the number of people who are 
overweight and obese. 
‘‘(2) Improving the number of people receiving 
the recommended daily allowance of nutritional food, 
including fruits and vegetables. 
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‘‘(3) Improving the number of people devoting 
at least 30 minutes a day to physical activity for 
adults and 60 minutes a day for children. 
‘‘(g) FUNDING.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
To carry out this section, there are authorized to be 
appropriated $10,000,000 for fiscal year 2010 and 
such sums as may be necessary for fiscal years 2011 
to 2015. 
‘‘(2) MAXIMUM AMOUNT OF GRANT FOR FIRST 
YEAR.—For the first year of a grant to a community 
partnership under this section, the Secretary may 
award not more than $100,000. 
‘‘(3) MATCHING FUNDS.—With respect to the 
costs of a program to combat obesity to be funded 
under this section, the Secretary may make a grant 
to a community partnership only if the partnership 
agrees to make available non-Federal contributions 
toward such costs in an amount that is not less than 
$1 for every $4 of Federal funds provided pursuant 
to this section.’’. 
Æ 
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