I 
111TH CONGRESS 
1ST SESSION H. R. 3894 
To amend the Public Health Service Act to authorize a community-based 
overweight and obesity prevention program. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 21, 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 authorize a 
community-based overweight and obesity prevention program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. COMMUNITY-BASED OVERWEIGHT AND OBE-
SITY PREVENTION PROGRAM. 
Part Q of title III (42 U.S.C. 280h et seq.) is amend-
ed by inserting after section 399W the following: 
‘‘SEC. 399W–1. COMMUNITY-BASED OVERWEIGHT AND OBE-
SITY PREVENTION PROGRAM. 
‘‘(a) PROGRAM.—The Secretary shall establish a 
community-based overweight and obesity prevention pro-
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gram consisting of awarding grants and contracts under 
subsection (b). 
‘‘(b) GRANTS.—The Secretary shall award grants to, 
or enter into contracts with, eligible entities— 
‘‘(1) to plan evidence-based programs for the 
prevention of overweight and obesity among children 
and their families through improved nutrition and 
increased physical activity; or 
‘‘(2) to implement such programs. 
‘‘(c) ELIGIBILITY.—To be eligible for a grant or con-
tract under subsection (b), an entity shall be a community 
partnership that demonstrates community support and in-
cludes— 
‘‘(1) a broad cross section of stakeholders, such 
as— 
‘‘(A) hospitals, health care systems, com-
munity health centers, or other health care pro-
viders; 
‘‘(B) universities, local educational agen-
cies, or childcare providers; 
‘‘(C) State, local, and tribal health depart-
ments; 
‘‘(D) State, local, and tribal park and 
recreation departments; 
‘‘(E) employers; and 
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‘‘(F) health insurance companies; 
‘‘(2) residents of the community; and 
‘‘(3) representatives of public and private enti-
ties that have a history of working within and serv-
ing the community. 
‘‘(d) PERIOD OF AWARDS.— 
‘‘(1) IN GENERAL.—The period of a grant or 
contract under this section shall be 5 years, subject 
to renewal under paragraph (2). 
‘‘(2) RENEWAL.—At the end of each fiscal year, 
the Secretary may renew a grant or contract award 
under this section only if the grant or contract re-
cipient demonstrates to the Secretary’s satisfaction 
that the recipient has made appropriate, measurable 
progress in preventing overweight and obesity. 
‘‘(e) REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary may award 
a grant or contract under this section to an entity 
only if the entity demonstrates to the Secretary’s 
satisfaction that— 
‘‘(A) not later than 90 days after receiving 
the grant or contract, the entity will establish 
a steering committee to provide input on the as-
sessment of, and recommendations on improve-
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ments to, the entity’s program funded through 
the grant or contract; and 
‘‘(B) the entity has conducted or will con-
duct an assessment of the overweight and obe-
sity problem in its community, including the ex-
tent of the problem and factors contributing to 
the problem. 
‘‘(2) MATCHING
REQUIREMENT.—The Sec-
retary may award a grant or contract to an eligible 
entity under this section only if the entity agrees to 
provide, from non-Federal sources, an amount equal 
to $1 (in cash or in kind) for each $9 provided 
through the grant or contract to carry out the activi-
ties supported by the grant or contract. 
‘‘(3) PAYOR OF LAST RESORT.—The Secretary 
may award a grant or contract under this section to 
an entity only if the entity demonstrates to the satis-
faction of the Secretary that funds received through 
the grant or contract will not be expended for any 
activity to the extent that payment has been made, 
or can reasonably be expected to be made— 
‘‘(A) under any insurance policy; 
‘‘(B) under any Federal or State health 
benefits program (including titles XIX and XXI 
of the Social Security Act); or 
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‘‘(C) by an entity which provides health 
services on a prepaid basis. 
‘‘(4) MAINTENANCE
OF
EFFORT.—The Sec-
retary may award a grant or contract under this sec-
tion to an entity only if the entity demonstrates to 
the satisfaction of the Secretary that— 
‘‘(A) funds received through the grant or 
contract will be expended only to supplement, 
and not supplant, non-Federal and Federal 
funds otherwise available to the entity for the 
activities to be funded through the grant or 
contract; and 
‘‘(B) with respect to such activities, the en-
tity will maintain expenditures of non-Federal 
amounts for such activities at a level not less 
than the lesser of such expenditures maintained 
by the entity for the fiscal year preceding the 
fiscal year for which the entity receives the 
grant or contract. 
‘‘(f) PREFERENCES.—In awarding grants and con-
tracts under this section, the Secretary shall give pref-
erence to eligible entities that— 
‘‘(1) will serve communities with high levels of 
overweight and obesity and related chronic diseases; 
or 
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‘‘(2) will plan or implement activities for the 
prevention of overweight and obesity in school or 
workplace settings. 
‘‘(g) REPORT.—The Secretary shall submit to the 
Congress an annual report on the program of grants and 
contracts awarded under this section. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The term ‘evidence-based’ means that 
methodologically sound research has demonstrated a 
beneficial health effect in the judgment of the Sec-
retary and includes the Ways to Enhance Children’s 
Activity and Nutrition (We Can) program and cur-
riculum of the National Institutes of Health. 
‘‘(2) The term ‘local educational agency’ has 
the meaning given to the term in section 9101 of the 
Elementary and Secondary Education Act of 1965. 
‘‘(i) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there are authorized to be appro-
priated $10,000,000 for fiscal year 2011 and such sums 
as may be necessary for each of fiscal years 2012 through 
2015.’’. 
Æ 
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