I 
107TH CONGRESS 
2D SESSION 
H. R. 5659
To establish a comprehensive program for the prevention of obesity. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 16, 2002
Mr. CASTLE introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on Energy and Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish a comprehensive program for the prevention 
of obesity.
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 ‘‘Obesity Prevention 
Act’’. 
SEC. 2. STATE AND LOCAL WELLNESS PROJECTS. 
Section 18 of the National School Lunch Act (42 
U.S.C. 1769) is amended by inserting after subsection (e) 
the following new subsections:
‘‘(f) STATE NUTRITION
AND PHYSICAL FITNESS 
PROJECTS.—
‘‘(1) IN GENERAL.—Subject to the availability 
of funds made available under paragraph (6), the 
Secretary, in consultation with the Secretary of Edu-
cation, shall, on a competitive basis, award grants to 
not more than 20 State educational agencies for 
purposes of creating model nutrition education and 
physical fitness programs, consistent with current 
dietary and fitness guidelines, for students in ele-
mentary schools and secondary schools. 
‘‘(2) REQUIREMENTS
FOR
STATE
PARTICIPA-
TION.—To be eligible to receive a grant under this 
subsection, a State educational agency shall submit 
an application to the Secretary at such time, and in 
such manner, and containing such information as 
the Secretary may require, including—
‘‘(A) a description of how the proposed nu-
trition and physical activity program will pro-
mote healthy eating and physical fitness and 
address the health and social consequences of 
children who are overweight or obese; 
‘‘(B) information describing how nutrition 
activities are to be coordinated at the State
level with other health activities conducted by 
education, health, and agriculture agencies; 
‘‘(C) information describing how physical 
fitness activities are to be coordinated at the 
State level with other fitness activities con-
ducted by education, health, and parks and 
recreation agencies; 
‘‘(D) a description of the consultative proc-
ess that the State educational agency employed 
in the development of the model nutrition and 
physical fitness program, including consulta-
tions with individuals and organizations rep-
resenting the agriculture, food and beverage, 
fitness, and other appropriate industries; and 
‘‘(E) a description of how the State edu-
cational agency will evaluate the effectiveness of 
its program. 
‘‘(3) DURATION.—Subject to the availability of 
funds made available to carry out this subsection, a 
State educational agency receiving a grant under 
this subsection shall conduct the project for a period 
of 3 successive school years. 
‘‘(4) AUTHORIZED ACTIVITIES.—An eligible ap-
plicant that receives a grant under this subsection
may use funds provided under the grant to carry out 
one or more of the following activities: 
‘‘(A) Collecting, analyzing, and dissemi-
nating data regarding the extent to which chil-
dren and youth in the State are overweight or 
physically inactive and the programs and serv-
ices available to meet those needs. 
‘‘(B) Developing and implementing model 
elementary and secondary education curricula 
to create a comprehensive, coordinated nutrition 
and physical fitness awareness and obesity pre-
vention program. 
‘‘(C) Developing and implementing pilot 
programs in schools to increase physical fitness 
and to enhance the nutritional status of stu-
dents, including through the increased con-
sumption of fruits and vegetables. 
‘‘(D) Developing and implementing State 
standards in health, which include nutrition 
education, and physical education, which em-
phasize regular physical activity during school 
hours.
‘‘(E) Collaborating with community based 
organizations, volunteer organizations, State 
medical associations, and public health groups
to develop and implement nutrition and physical 
education programs targeting lower income chil-
dren, ethnic minorities, and other children and 
youth at greater risk for obesity. 
‘‘(F) Collaborating with public or private 
organizations that have as a mission the raising 
of public awareness of the importance of a bal-
anced diet and an active lifestyle, such as 5-A-
Day, a nonprofit organization which seeks to in-
crease consumption of fruits and vegetables. 
‘‘(5) REPORT.—Within 18 months of comple-
tion of the projects and the evaluations, the Sec-
retary shall submit to the Committee on Education 
and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor, 
and Pensions of the Senate a report describing the 
results of the evaluation of the demonstration pro-
grams and shall make such reports available to the 
public, including through the Internet. 
‘‘(6) AUTHORIZATION
OF APPROPRIATIONS.—
There is authorized to be appropriated for the pur-
pose of carrying out this subsection $10,000,000 for 
each of the fiscal years 2003 through 2007. 
‘‘(g) LOCAL NUTRITION
AND PHYSICAL FITNESS 
PROJECT.—
‘‘(1) IN GENERAL.—Subject to the availability 
of funds made available under paragraph (7), the 
Secretary, in consultation with the Secretary of Edu-
cation, shall award grants to not more than 100 
local educational agencies, at least one per State, for 
the establishment of pilot projects for purposes of 
promoting healthy eating habits and increasing 
physical fitness, consistent with current dietary and 
fitness guidelines, among elementary and secondary 
education students. 
‘‘(2) REQUIREMENT
FOR
PARTICIPATION
IN 
PILOT PROJECT.—To be eligible to receive a grant 
under this subsection, a local educational agency 
shall, in consultation with individuals who possess 
education or experience appropriate for representing 
the general field of public health, including nutrition 
and fitness professionals, submit to the Secretary an 
application that shall include—
‘‘(A) a description of the local educational 
agency’s need for nutrition and fitness pro-
grams; 
‘‘(B) a description of how the proposed 
project will improve health and nutrition 
through education and increased access to phys-
ical activity;
‘‘(C) a description of how funds under this 
subsection will be coordinated with other pro-
grams under this Act, the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.), or other 
Acts, as appropriate, to improve student health 
and nutrition; 
‘‘(D) a statement of the local educational 
agency’s measurable goals for nutrition and fit-
ness education and promotion and a description 
of the procedures the agency will use for assess-
ing and publicly reporting progress toward 
meeting those goals; and 
‘‘(E) a description of how the local edu-
cational agency will evaluate the effectiveness of 
its program. 
‘‘(3) DURATION.—Subject to the availability of 
funds made available to carry out this subsection, a 
local educational agency receiving a grant under this 
subsection shall conduct the project during a period 
of 3 successive school years. 
‘‘(4) AUTHORIZED ACTIVITIES.—An eligible ap-
plicant that receives a grant under this subsection 
may use funds provided under the grant to carry out 
one or more of the following activities:
‘‘(A) Promoting healthy eating through the 
development and implementation of nutrition 
education programs and curricula. 
‘‘(B) Increasing opportunities for physical 
activity through afterschool programs, athletics, 
intramural activities, and recess; 
‘‘(C) Educating parents and students 
about the relationship of a poor diet and inac-
tivity to obesity and other health problems; 
‘‘(D) Promoting and supporting school nu-
trition services, such as counseling and behavior 
management. 
‘‘(E) Developing and implementing phys-
ical education programs that promote fitness 
and lifelong activity. 
‘‘(F) Providing training and technical as-
sistance to food service professionals to develop 
nutritious, more appealing menus and recipes. 
‘‘(G) Incorporating nutrition education 
into physical education, health education, and 
afterschool programs, including athletics. 
‘‘(H) Involving parents, food service staff, 
educators, community leaders, and other inter-
ested parties in assessing the food options in 
the school environment and developing and im-
plementing an action plan to promote a bal-
anced and healthy diet. 
‘‘(I) Providing nutrient content or nutri-
tion information on meals served through the 
school lunch or school breakfast programs and 
items sold a la carte during meal times. 
‘‘(J) Encouraging the increased consump-
tion of a variety of healthy foods through new 
initiatives such as salad bars and fresh fruit 
bars. 
‘‘(K) Providing nutrition education, includ-
ing sports nutrition education, for teachers, 
coaches, food service staff, athletic trainers, and 
school nurses. 
‘‘(5) REPORT.—Within 18 months of comple-
tion of the projects and evaluations, the Secretary 
shall submit to the Committee on Education and the 
Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pen-
sions of the Senate a report describing the results of 
the evaluation of the pilot projects and shall make 
such reports available to the public, including 
through the Internet. 
‘‘(6) AUTHORIZATION
OF APPROPRIATIONS.—
There are authorized to be appropriated for the pur-
pose of carrying out this subsection, $20,000,000 for 
fiscal year 2003 and such sums as may be necessary 
for each of fiscal years 2004 through 2007.’’. 
SEC. 3. INCORPORATION OF OBESITY PREVENTION TREAT-
MENT AND SERVICES INTO STATE CHIL-
DREN’S HEALTH INSURANCE PROGRAMS. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall, in accordance with subsection (b), 
carry out a program to encourage States to implement 
plans to carry out activities to assist children with obesity 
or children at risk of becoming obese. 
(b) RELATION TO CHILDREN’S HEALTH INSURANCE 
PROGRAM.—
(1) IN GENERAL.—Subject to paragraph (2), if 
a State child health plan under title XXI of the So-
cial Security Act (42 U.S.C. 1397aa et seq.) pro-
vides for activities described in subsection (a) to an 
extent satisfactory to the Secretary, the Secretary 
shall, with amounts appropriated under subsection 
(c), make a grant to that State to assist the State 
in carrying out such activities. 
(2) CRITERIA
REGARDING
ELIGIBILITY
FOR 
GRANT.—The Secretary shall publish in the Federal 
Register criteria describing the circumstances in
which the Secretary shall consider a State plan to be 
satisfactory for purposes of paragraph (1). 
(3) REQUIREMENT OF MATCHING FUNDS.—
(A) IN
GENERAL.—With respect to the 
costs of the activities to be carried out by a 
State pursuant to paragraph (1), the Secretary 
may make a grant under such paragraph only 
if the State agrees to make available (directly 
or through donations from public or private en-
tities) non-Federal contributions toward such 
costs in an amount that is not less than 15 per-
cent of the costs. 
(B) DETERMINATION
OF
AMOUNT
CON-
TRIBUTED.—Non-Federal 
contributions 
re-
quired in subparagraph (A) may be in cash or 
in kind, fairly evaluated, including equipment or 
services. Amounts provided by the Federal Gov-
ernment, or services assisted or subsidized to 
any significant extent by the Federal Govern-
ment, may not be included in determining the 
amount of such non-Federal contributions. 
(4) TECHNICAL ASSISTANCE.—With respect to 
State child health plans under title XXI of the So-
cial Security Act (42 U.S.C. 1397aa et seq.), the 
Secretary, acting through the Director of the Cen-