I 
112TH CONGRESS 
2D SESSION 
H. R. 6666 
To provide a comprehensive approach to preventing and treating obesity. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 13, 2012 
Mr. KIND introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committees on Ways 
and Means, Natural Resources, Education and the Workforce, Transpor-
tation and Infrastructure, and Agriculture, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide a comprehensive approach to preventing and 
treating 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Healthy Communities through Helping to Offer Incen-
tives and Choices to Everyone in Society Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—IMPROVING PREVENTION AND TREATMENT OF 
OBESITY IN ADULTS AND CHILDREN 
Sec. 101. Requirement to expedite national Medicare coverage determinations 
for evidence-based treatment services. 
Sec. 102. Expansion of obesity treatment services under Medicare. 
Sec. 103. Chronic weight management drugs covered under Medicaid and Medi-
care part D. 
Sec. 104. Grants to provide training for health profession students. 
Sec. 105. Grants to provide training for health professionals. 
Sec. 106. Preventive health services block grant. 
Sec. 107. Health Empowerment for At-Risk Teens and Youth (HEARTY) pro-
gram. 
TITLE II—IMPROVING ACCESS TO AND OPPORTUNITY FOR 
PHYSICAL ACTIVITY FOR ADULTS AND CHILDREN 
Subtitle A—National Program Promoting Lifelong Active Youth (PLAY) and 
Implementation Grants 
Sec. 201. Play assessment tools. 
Sec. 202. Model communities of play implementation grants. 
Subtitle B—Healthy Kids Outdoors 
Sec. 211. Definitions. 
Sec. 212. Cooperative agreements for development or implementation of healthy 
kids outdoors State strategies. 
Sec. 213. National strategy for encouraging Americans to be active outdoors. 
Sec. 214. National evaluation of health impacts. 
Sec. 215. Technical assistance and best practices. 
Sec. 216. Authorization of appropriations. 
Subtitle C—Other Provisions 
Sec. 221. Physical education guidelines for elementary and secondary schools. 
Sec. 222. Treating physical education as a core academic subject for elementary 
and secondary education grants. 
Sec. 223. Physical activity guidelines for preschool children. 
Sec. 224. Tracking physical activity in schools. 
Sec. 225. Employer-provided off-premises health club services. 
Sec. 226. Certain amounts paid for physical activity, fitness, and exercise treat-
ed as amounts paid for medical care. 
Sec. 227. National youth sports program revitalization. 
TITLE III—IMPROVING ACCESS TO NUTRITIONAL INFORMATION 
AND HEALTHY FOODS 
Sec. 301. Consumer education. 
Sec. 302. Expand team nutrition training grants. 
Sec. 303. Urban and Native-American Community Garden Grant Program. 
TITLE IV—REALIGNING TRANSPORTATION POLICY TO HELP 
PROMOTE HEALTHY LIFESTYLES 
Sec. 401. Grants to promote planning decisions and policies that increase ac-
cess to physical activity. 
Sec. 402. Joint use agreements. 
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TITLE V—RESEARCH AND ASSESSMENT TOOLS 
Sec. 501. National Center for Health Statistics. 
Sec. 502. Report on obesity research. 
TITLE I—IMPROVING PREVEN-
TION AND TREATMENT OF 
OBESITY 
IN 
ADULTS 
AND 
CHILDREN 
SEC. 101. REQUIREMENT TO EXPEDITE NATIONAL MEDI-
CARE COVERAGE DETERMINATIONS FOR EVI-
DENCE-BASED TREATMENT SERVICES. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall— 
(1) not later than January 1, 2014, issue na-
tional Medicare coverage determinations for evi-
dence-based services to treat overweight and obesity 
that have an Evidence Category ‘‘A’’ or ‘‘B’’ des-
ignation for treating overweight and obesity as de-
fined by the ‘‘Clinical Guidelines on the Identifica-
tion, Evaluation, and Treatment of Overweight and 
Obesity in Adults’’ of the National Heart, Lung, and 
Blood Institute; and 
(2) update such coverage determinations based 
on future updates to such Guidelines. 
(b) UPDATING
NHLBI GUIDELINES.—Not later 
than December 31, 2014, and at least once every 3 years 
thereafter, the Secretary of Health and Human Services, 
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acting through the Director of the National Heart, Lung, 
and Blood Institute, shall update the NHLBI Guidelines 
referred to in subsection (a). 
SEC. 102. EXPANSION OF OBESITY TREATMENT SERVICES 
UNDER MEDICARE. 
(a) COVERAGE.—Section 1861 of the Social Security 
Act (42 U.S.C. 1395x) is amended— 
(1) in subsection (s)(2)— 
(A) in subparagraph (EE), by striking at 
the end ‘‘and’’; 
(B) in subparagraph (FF), by adding at 
the end ‘‘and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(GG) items and services furnished under 
an obesity treatment program (as defined in 
subsection (iii));’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘Obesity Treatment Program 
‘‘(iii)(1) The term ‘obesity treatment program’ means 
medical services delivered to eligible individuals under a 
plan of care for the purpose of reducing body mass index 
and the associated co-morbidities of obesity, including the 
following: 
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‘‘(A) The development of an initial plan of 
care and subsequent revisions to that plan of 
care. 
‘‘(B) Medical and surgical interventions as 
determined appropriate by the Secretary for 
which payment would not otherwise be made 
under this title. 
‘‘(C) Additional services for which payment 
would not otherwise be made under this title 
that the Secretary may specify that encourage 
the receipt of, or improve the effectiveness of, 
the services described in the preceding subpara-
graphs. 
In carrying out subparagraph (C), the Secretary 
shall consider clinical practice guidelines for treat-
ment of overweight, obesity, and severe obesity 
issued by professional medical societies and con-
sensus statements and guidelines on effective treat-
ment of overweight, obesity, and severe obesity 
issued by the National Institutes of Health, profes-
sional medical societies, and other authoritative 
sources (such as those identified in the Clinical 
Guidelines on the Identification, Evaluation, and 
Treatment of Overweight and Obesity in Adults re-
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leased by the National Heart Lung and Blood Insti-
tute). 
‘‘(2) For purposes of paragraph (1), the term ‘eligible 
individual’ means any of the following: 
‘‘(A) An individual who has been diagnosed 
with obesity by a physician or provider of services, 
without regard to body mass index or the presence 
of any comorbid condition. 
‘‘(B) An individual who has a body mass index 
of at least 30, without regard to the presence of any 
comorbid condition. 
‘‘(C) An individual who has a body mass index 
of at least 27 with at least one weight-related co-
morbid condition.’’. 
(b) PAYMENT.—Section 1833(a)(1) of the Social Se-
curity Act (42 U.S.C. 1395l(a)(1)) is amended— 
(1) by striking ‘‘and’’ before ‘‘(Z)’’; and 
(2) by inserting before the semicolon at the end 
the following: ‘‘, and (AA) with respect to items and 
services furnished under an obesity treatment pro-
gram (as defined in section 1861(iii)), the amount 
paid shall be 80 percent of the lesser of the actual 
charge for the services or the amount determined 
under a fee schedule established by the Secretary for 
purposes of this subparagraph’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to items and services furnished on 
or after January 1, 2014. 
SEC. 103. CHRONIC WEIGHT MANAGEMENT DRUGS COV-
ERED 
UNDER 
MEDICAID 
AND 
MEDICARE 
PART D. 
(a) MEDICAID COVERAGE.—Section 1927(d)(2)(A) of 
the Social Security Act (42 U.S.C. 1396r–8(d)(2)(A)) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘except prescription agents approved by the Food 
and Drug Administration used for chronic weight manage-
ment in the treatment of obesity or overweight with a 
weight related co-morbidity’’. 
(b) 
MEDICARE
PART
D 
COVERAGE.—Section 
1860D–2(e)(1) of the Social Security Act (42 U.S.C. 
1395w–102(e)(1)) is amended by inserting before the pe-
riod at the end the following: ‘‘and includes prescription 
agents approved by the Food and Drug Administration 
used for chronic weight management in the treatment of 
obesity or overweight with a weight related co-morbidity’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to items and services furnished on 
or after January 1, 2014. 
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SEC. 104. GRANTS TO PROVIDE TRAINING FOR HEALTH 
PROFESSION STUDENTS. 
Section 747 of the Public Health Service Act (42 
U.S.C. 293k) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) SPECIAL CONSIDERATION.—In awarding grants 
or contracts under subsection (a) or (b), the Secretary 
shall give special consideration to qualified applicants pro-
posing a project or program which will prepare practi-
tioners to care for individuals (including children) who are 
overweight or obese (as such terms are defined in section 
399W(j)).’’. 
SEC. 105. GRANTS TO PROVIDE TRAINING FOR HEALTH 
PROFESSIONALS. 
Section 399Z of the Public Health Service Act (42 
U.S.C. 280h–3) is amended— 
(1) in subsection (b), by striking ‘‘2005’’ and 
inserting ‘‘2018’’; 
(2) by redesignating subsection (b) as sub-
section (c); 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) GRANTS.— 
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‘‘(1) IN GENERAL.—The Secretary may award 
grants to eligible entities to train primary care phy-
sicians and other licensed or certified health profes-
sionals on how to treat and prevent obesity and aid 
individuals who are obese or overweight. 
‘‘(2) APPLICATION.—An entity that desires a 
grant under this subsection shall submit an applica-
tion at such time, in such manner, and containing 
such information as the Secretary may require, in-
cluding a plan for the use of funds that may be 
awarded and an evaluation of the training that will 
be provided. 
‘‘(3) USE OF FUNDS.—An entity that receives 
a grant under this subsection shall use the funds 
made available through such grant to— 
‘‘(A) use evidence-based findings or rec-
ommendations that pertain to the prevention 
and treatment of obesity and being overweight 
to conduct educational conferences, including 
Internet-based courses and teleconferences, 
on— 
‘‘(i) how to treat or prevent obesity 
and being overweight; 
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‘‘(ii) the link between obesity and 
being overweight and related serious and 
chronic medical conditions; 
‘‘(iii) how to discuss varied strategies 
with patients from at-risk and diverse pop-
ulations to promote positive behavior 
change and healthy lifestyles to avoid obe-
sity and being overweight; 
‘‘(iv) how to identify individuals who 
are or are at risk for being obese or being 
overweight and, therefore, are at risk for 
related serious and chronic medical condi-
tions; and 
‘‘(v) how to conduct a comprehensive 
assessment of individual and familial 
health risk factors; and 
‘‘(B) evaluate the effectiveness of the 
training provided by such entity in increasing 
knowledge and changing attitudes and behav-
iors of trainees.’’; and 
(4) in subsection (c) (as so redesignated)— 
(A) by striking ‘‘There are authorized to 
be appropriated to carry out this section’’ and 
all that follows and inserting the following: 
‘‘There are authorized to be appropriated— 
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‘‘(1) to carry out subsection (a),’’; 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(2) to carry out subsection (b), such sums as 
may be necessary for each of fiscal years 2014 
through 2018.’’. 
SEC. 106. PREVENTIVE HEALTH SERVICES BLOCK GRANT. 
Section 1904(a)(1) of the Public Health Service Act 
(42 U.S.C. 300w–3(a)(1)) is amended by adding at the 
end the following: 
‘‘(H) Activities and community education pro-
grams designed to address and prevent obesity and 
being overweight through effective programs to pro-
mote healthy eating, and exercise habits and behav-
iors.’’. 
SEC. 107. HEALTH EMPOWERMENT FOR AT-RISK TEENS 
AND YOUTH (HEARTY) PROGRAM. 
Title III of the Public Health Service Act is amended 
by inserting after section 317T of such Act (42 U.S.C. 
247b–22) the following: 
‘‘SEC. 317U. HEALTHY EMPOWERMENT FOR AT-RISK TEENS 
AND YOUTH (HEARTY) PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Director of the Centers for Disease Control and Pre-
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vention, may make grants to eligible entities to carry out 
nationally-based or community-based qualified childhood 
obesity prevention initiatives. 
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to seek a 
grant under this section, an entity shall be— 
‘‘(1) a nationally-based nonprofit organization 
qualified in childhood obesity prevention and youth 
mentoring proposing to implement programs de-
scribed in subsection (c); or 
‘‘(2) a community-based nonprofit organization 
qualified in childhood obesity prevention and youth 
mentoring proposing to implement a program de-
scribed in subsection (c). 
‘‘(c) QUALIFIED CHILDHOOD OBESITY PREVENTION 
INITIATIVE.—To qualify as a childhood obesity prevention 
initiative eligible for funding under this section, an initia-
tive shall consist of programs that— 
‘‘(1) serve both male and female children or 
adolescents most at risk for being overweight and 
obese in predominantly economically disadvantaged 
communities; 
‘‘(2) serve both male and female children or 
adolescents during after-school hours, weekends, or 
summer hours; 
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‘‘(3) provide structured physical fitness activi-
ties, including organized sports, which engage each 
participant in a minimum of 60 minutes of moderate 
to vigorous physical activity at least three days per 
week for a period of at least 24 weeks in a given 
year; 
‘‘(4) demonstrate cost-effectiveness as defined 
by the Secretary; and 
‘‘(5) demonstrate measurable results for reduc-
ing childhood obesity on the part of participants, in-
cluding through— 
‘‘(A) measurement and study of partici-
pants’ moderate to vigorous physical activity 
(MVPA) each day, both as part of the pro-
grams funded under this section and on the 
participants’ own initiative; 
‘‘(B) increased knowledge of and aware-
ness about the importance of maintaining 
healthy, active lifestyles by balancing rec-
ommended levels of physical activity and caloric 
intakes; 
‘‘(C) keeping track of and reporting in-
creased consumption of healthy items and in-
creased levels of unstructured, self-initiated 
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physical activity outside of the programs funded 
under this section; and 
‘‘(D) measurement and study of partici-
pants’ body mass index (BMI) indicating 
that— 
‘‘(i) children entering programs fund-
ed under this section with a healthy body 
mass index maintain it while participating 
in such programs; and 
‘‘(ii) children participating in such 
programs with an unhealthy body mass 
index halt any negative trend lines towards 
obesity or begin trend lines in a positive di-
rection. 
‘‘(d) PRIORITY.—In selecting among applicants for 
grants under this section, the Secretary shall give priority 
to eligible entities proposing to carry out programs that 
show: 
‘‘(1) effectiveness in working with ethnic and 
racial minority groups; 
‘‘(2) effectiveness in recruiting participants 
from communities with substantial immigrant popu-
lations, as defined by the Secretary; and 
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‘‘(3) program evaluation by an independent, 
third-party evaluator, of category specified by the 
Secretary. 
‘‘(e) DISTRIBUTION
OF FUNDS.—Of the amount 
made available to carry out this section for a fiscal year, 
the Secretary shall award— 
‘‘(1) not less than 25 percent of such amount 
to nationally-based nonprofit organizations described 
in subsection (b)(1); and 
‘‘(2) not more than 75 percent of such amount 
to community-based nonprofit organizations de-
scribed in subsection (b)(2). 
‘‘(f) COST-SHARE REQUIREMENTS.—With respect to 
the costs of a qualified childhood obesity prevention initia-
tive to be carried out under this section, there shall be 
no non-federal match requirement. 
‘‘(g) REPORT TO CONGRESS.—Not later than one 
year after the first appropriation of Federal funds to carry 
out this section, the Secretary shall report to the Congress 
on the progress made in carrying out programs funded 
by grants under this section. 
‘‘(h) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there are authorized to be appro-
priated such sums as may be necessary for each of fiscal 
years 2014 through 2018.’’. 
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TITLE 
II—IMPROVING 
ACCESS 
TO AND OPPORTUNITY FOR 
PHYSICAL 
ACTIVITY 
FOR 
ADULTS AND CHILDREN 
Subtitle A—National Program Pro-
moting Lifelong Active Youth 
(PLAY) 
and 
Implementation 
Grants 
SEC. 201. PLAY ASSESSMENT TOOLS. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (in this section referred to as the Sec-
retary), acting through the Director of the Centers for 
Disease Control and Prevention, shall develop a list of 
well-validated assessment tools, which can measure the 
policy, program, or environmental barriers in communities 
to participating in physical activity. Tools on the Sec-
retary’s recommended list shall include— 
(1) cross-cutting measurements that— 
(A) examine barriers to physical activities 
across multiple settings, including homes, after- 
school and child care sites, schools, the commu-
nity-at-large, and worksites; and 
(B) focus on the— 
(i) availability of adequate spaces and 
places for physical activity; 
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(ii) availability of, and access to, high- 
quality physical activity and physical edu-
cation programs; and 
(iii) the availability of programs, ac-
tivities, and leaders to educate about the 
importance of physical activity for the com-
munity; and 
(2) additional measurements to assist economi-
cally and culturally diverse communities in exam-
ining the social determinants of health. 
(b) GUIDANCE AND TRAINING.—The Secretary shall 
provide guidelines and recommendations to develop train-
ing on utilizing such tools. 
SEC. 202. MODEL COMMUNITIES OF PLAY IMPLEMENTA-
TION GRANTS. 
(a) PROGRAM AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services (in this section referred to as the 
‘‘Secretary’’), acting through the Director of the 
Centers for Disease Control and Prevention, shall 
award grants to State health departments to enable 
the State health departments to work in partnership 
with eligible community-based coalitions to plan and 
implement model communities of play that in-
crease— 
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(A) the physical spaces and places avail-
able for physical activity; 
(B) the opportunities for children and fam-
ilies to participate in high-quality play, and the 
number of children and families participating in 
high-quality play; 
(C) knowledge and awareness about the 
importance of individuals achieving 60 minutes 
of recommended physical activity every day; and 
(D) school siting practices in which ele-
mentary and secondary schools are located 
within neighborhoods to increase the likelihood 
of students walking and biking to school. 
(2) AMOUNT OF GRANTS.—A grant awarded to 
a State health department under this subsection 
shall be in the amount of $250,000 to $1,000,000. 
(b) APPLICATION.—A State health department desir-
ing a grant under subsection (a) shall submit an applica-
tion to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require. 
(c) COORDINATION.—In awarding grants under sub-
section (a), the Secretary shall ensure that the proposed 
programs assisted under each grant are coordinated in 
substance and format with programs currently funded 
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through other Federal departments and agencies, includ-
ing— 
(1) State-based nutrition and physical activity 
programs, comprehensive school health education 
programs, and community-based health and wellness 
programs of the Centers for Disease Control and 
Prevention; 
(2) the physical education programs under sub-
part 10 of part D of title V of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7261 
et seq.); 
(3) the safe routes to schools program under 
section 1404 of the Safe, Accountable, Flexible, Effi-
cient Transportation Equity Act: A Legacy for 
Users (23 U.S.C. 402 note); and 
(4) other health and wellness programs oper-
ating within the community. 
(d) PARTNERSHIP WITH COMMUNITY COALITIONS.— 
A State health department receiving a grant under sub-
section (a) shall use the majority of grant funds to carry 
out the activities described in subsection (e) in partnership 
with 1 or more community coalitions that meet all of the 
following requirements: 
(1) The community coalition is comprised of a 
representative sampling of community partners, in-
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cluding not less than half of the following types of 
individuals and entities: 
(A) A community-based organization that 
focuses on children and youth, preventive 
health, physical activity, or physical education. 
(B) A local parks and recreation depart-
ment. 
(C) A local health department. 
(D) A local educational agency, as defined 
in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801). 
(E) A local city planning agency. 
(F) A local health care provider. 
(G) An institution of higher education, as 
defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001). 
(H) A tribal health facility, where applica-
ble. 
(I) A tribal educational agency, where ap-
plicable. 
(J) A federally qualified health center or 
rural health clinic (as such terms are defined in 
section 1861(aa) of the Social Security Act (42 
U.S.C. 1395x(aa)), where applicable. 
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(K) A hospital. 
(L) A faith-based organization. 
(M) A policymaker or elected official. 
(N) A community planning organization. 
(O) A business. 
(2) The community coalition completed and 
submitted to the State health department— 
(A) an assessment tool identified by the 
Secretary under section 201 for the community 
that identifies the gaps and barriers to physical 
activity in the community to children and 
youth; and 
(B) a community action plan describing 
the programs, policies, and environmental 
change strategies that will be implemented with 
grant funds to help children and youth in the 
community reach the recommended 60 minutes 
of physical activity every day. 
(3) The community coalition provided— 
(A) documentation to the State health de-
partment on the manner in which the coalition 
will coordinate with appropriate State and local 
authorities, including— 
(i) State or local health departments; 
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(ii) State educational agencies or local 
educational agencies, as defined in section 
9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801); 
(iii) State or local parks and recre-
ation departments or associations; 
(iv) State or local departments of 
transportation or city planning; 
(v) community foundations; and 
(vi) any other entities determined to 
be appropriate by the Secretary; and 
(B) a description of the manner in which 
the coalition will evaluate the effectiveness of 
the programs carried out with grant funds. 
(e) AUTHORIZED ACTIVITIES.—A State health de-
partment that receives a grant under subsection (a) shall 
use the majority of funds available through the grant to 
carry out the following activities: 
(1) Train community-based coalitions on how to 
utilize assessment tools to measure the program, 
policy, and environmental barriers to promoting life-
long physical activity for youth. 
(2) Work in partnership with one or more com-
munity coalitions described in subsection (d) to en-
able the coalitions to carry out the coalition’s com-
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munity action plan and promote a model community 
of play, which may include the following: 
(A) Enabling the maximum use of, or the 
creation of spaces and places for, physical activ-
ity for children, families, and communities be-
fore, during, and after school or work, which 
may include increasing the number of— 
(i) programs that increase the number 
of safe streets and sidewalks in the com-
munity to walk and bike to school, work, 
or other community destinations, such as 
recreation sites, parks, or community cen-
ters; 
(ii) schools, faith-based organizations, 
and recreational facilities serving the com-
munity that provide programming on phys-
ical activity and physical education before, 
during, or after school; 
(iii) schools serving the community 
that provide recess, physical education, and 
physical activity for children and youth; 
(iv) day care, child care, and after- 
school care sites in the community that 
provide physical activity for children and 
youth; 
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(v) venues in the community that pro-
vide co-curricular physical activity pro-
grams, including sports fields and courts, 
especially venues for all-inclusive intra-
mural programs and physical activity 
clubs; 
(vi) playgrounds and activity sites in 
the community for young children, includ-
ing sites that offer programs that provide 
physical activity instruction that meets the 
various needs and interests of all students, 
including those with illness, injury, and 
physical and developmental disabilities, as 
well as those who live sedentary lifestyles 
or have a disinterest in traditional team 
sports; 
(vii) capital improvement projects that 
increase opportunities for physical activity 
in the community; and 
(viii) networks of walking and cycling 
trails where trails do not exist in the com-
munity, that offer both a functional alter-
native to automobile travel and an oppor-
tunity for exercise, recreation, and commu-
nity connectedness. 
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(B) Enhancing opportunities and access 
for children and youth in the community to par-
ticipate in high-quality physical activity and 
physical education programs before, during, and 
after school, which may include increasing the 
number of— 
(i) school and after-school care sites 
in the community that implement proven 
health curricula, physical education (in-
cluding developing innovative approaches 
to teaching and staffing physical edu-
cation), and physical activity programming; 
(ii) children and youth in the commu-
nity who are able to participate in physical 
education or activity before, during, or 
after school, by ensuring that adequate 
equipment is available to such children and 
youth; 
(iii) scholarships to low-income chil-
dren and youth for physical activity pro-
grams; 
(iv) education and training programs 
for education, recreation, leisure, child 
care, and coaching professionals regarding 
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high-quality physical education and phys-
ical activity programs and policies; 
(v) training programs to assist physi-
cians and other health care professionals 
in— 
(I) carefully communicating the 
results of body mass index (BMI) 
tests to parents and, in an age-appro-
priate manner, to the children and 
youth themselves; 
(II) providing information to 
families so they may make informed 
decisions about physical activity and 
nutrition; and 
(III) explaining the benefits asso-
ciated with physical activity and the 
risks associated with childhood over-
weight and obesity; 
(vi) assessment tools used to measure 
the quality of physical activity, sports, and 
intramural sports programs; 
(vii) guidelines and informational ma-
terials used by teachers, parents, care-
givers, and health care professionals who 
are interested in promoting physical activ-
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ity for infants, toddlers, and preschoolers; 
and 
(viii) guidelines and informational ma-
terials used to promote— 
(I) physical activity with the in-
tent of improving the current health, 
fitness, and wellness of preadolescent 
children (ages 6 through 12); and 
(II) lifelong physical activity. 
(C) Identifying, engaging, and mobilizing 
community leaders, decisionmakers, experts, 
and the media to raise awareness and educate 
the public about the importance of securing 60 
minutes of physical activity every day, which 
may include increasing the number of— 
(i) school and after-school care faculty 
and staff, including coaches, who serve as 
positive role models for students regarding 
regular physical activity; 
(ii) businesses that serve as role mod-
els by providing physical space and incen-
tives for employees to participate in phys-
ical activity; 
(iii) businesses that serve as role mod-
els to communities by— 
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(I) providing support to intra-
mural teams, clubs, sports leagues, 
playgrounds, trails, biking and walk-
ing paths, and fields and venues for 
sports, play, and physical activity; 
(II) incorporating built environ-
ment strategies into new construction 
of facilities; 
(III) adopting safe routes to 
school programs; 
(IV) providing bike racks at the 
office; and 
(V) encouraging the use of the 
stairs; 
(iv) insurers that cover obesity screen-
ing and prevention services in routine clin-
ical practice; 
(v) groups representing low-income in-
dividuals or individuals with disabilities, 
that can promote and secure safer and 
more accessible sites for activity; 
(vi) consumer research-driven mar-
keting strategies for ongoing initiatives 
and interventions that enhance physical ac-
tivity for children and youth; 
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(vii) products and opportunities pro-
vided or offered by leisure, entertainment, 
and recreation industries that promote reg-
ular physical activity and reduce sedentary 
behaviors; 
(viii) media advocacy training pro-
grams for public health and exercise sci-
entists so as to empower the scientists to 
disseminate their knowledge to a broad au-
dience; and 
(ix) campaigns to foster awareness 
about the health benefits of regular phys-
ical activity of not less than 60 minutes a 
day for all children and youth. 
(3) Support the evaluation of community action 
plans of community coalitions described in sub-
section (d) and activities carried out pursuant to 
this Act. 
(f) DEFINITION.—In this section, the term ‘‘State’’ 
includes the District of Columbia and any commonwealth, 
territory, or possession of the United States. 
(g) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
such sums as may be necessary for fiscal years 2014 
through 2019. 
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Subtitle B—Healthy Kids Outdoors 
SEC. 211. DEFINITIONS. 
In this subtitle: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State; or 
(B) a consortium from one State that may 
include such State and municipalities, entities 
of local or tribal governments, parks and recre-
ation departments or districts, school districts, 
institutions of higher education, or nonprofit or-
ganizations. 
(2) LOCAL PARTNERS.—The term ‘‘local part-
ners’’ means a municipality, entity of local or tribal 
government, parks and recreation departments or 
districts, Indian tribe, school district, institution of 
higher education, nonprofit organization, or a con-
sortium of local partners. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) STATE.—The term ‘‘State’’ means any of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, the Com-
monwealth of the Northern Mariana Islands, any 
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other territory or possession of the United States, or 
any Indian tribe. 
SEC. 212. COOPERATIVE AGREEMENTS FOR DEVELOPMENT 
OR IMPLEMENTATION OF HEALTHY KIDS 
OUTDOORS STATE STRATEGIES. 
(a) IN GENERAL.—The Secretary is authorized to 
issue one cooperative agreement per State to eligible enti-
ties to develop, implement, and update a 5-year State 
strategy, to be known as a ‘‘Healthy Kids Outdoors State 
Strategy’’, designed to encourage Americans, especially 
children, youth, and families, to be physically active out-
doors. 
(b) SUBMISSION AND APPROVAL OF STRATEGIES.— 
(1) APPLICATIONS.—An application for a coop-
erative agreement under subsection (a) shall— 
(A) be submitted not later than 120 days 
after the Secretary publishes guidelines under 
subsection (f)(1); and 
(B) include a Healthy Kids Outdoors State 
Strategy meeting the requirements of sub-
section (c) or a proposal for development and 
submission of such a strategy. 
(2) APPROVAL OF STRATEGY; PEER REVIEW.— 
Not later than 90 days after submission of a 
Healthy Kids Outdoors State Strategy, the Sec-
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retary shall, through a peer review process, approve 
or recommend changes to the strategy. 
(3) STRATEGY UPDATE.—An eligible entity re-
ceiving funds under this section shall update its 
Healthy Kids Outdoors State Strategy at least once 
every 5 years. Continued funding under this section 
shall be contingent upon submission of such updated 
strategies and reports that document impact evalua-
tion methods consistent with the guidelines in sub-
section (f)(1) and lessons learned from implementing 
the strategy. 
(c) COMPREHENSIVE STRATEGY REQUIREMENTS.— 
The Healthy Kids Outdoors State Strategy under sub-
section (a) shall include— 
(1) a description of how the eligible entity will 
encourage Americans, especially children, youth, and 
families, to be physically active in the outdoors 
through State, local, and tribal— 
(A) public health systems; 
(B) public parks and recreation systems; 
(C) public transportation and city planning 
systems; and 
(D) other public systems that connect 
Americans, especially children, youth, and fami-
lies, to the outdoors; 
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(2) a description of how the eligible entity will 
partner with nongovernmental organizations, espe-
cially those that serve children, youth, and families, 
including those serving military families and tribal 
agencies; 
(3) a description of how State agencies will col-
laborate with each other to implement the strategy; 
(4) a description of how funding will be spent 
through local planning and implementation sub-
grants under subsection (d); 
(5) a description of how the eligible entity will 
evaluate the effectiveness of, and measure the im-
pact of, the strategy, including an estimate of the 
costs associated with such evaluation; 
(6) a description of how the eligible entity will 
provide opportunities for public involvement in devel-
oping and implementing the strategy; 
(7) a description of how the strategy will in-
crease visitation to Federal public lands within the 
state; and 
(8) a description of how the eligible entity will 
leverage private funds to expand opportunities and 
further implement the strategy. 
(d) LOCAL PLANNING AND IMPLEMENTATION.— 
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(1) IN GENERAL.—A Healthy Kids Outdoors 
State Strategy shall provide for subgrants by the co-
operative agreement recipient under subsection (a) 
to local partners to implement the strategy through 
one or more of the program activities described in 
paragraph (2). 
(2) PROGRAM ACTIVITIES.—Program activities 
may include— 
(A) implementing outdoor recreation and 
youth mentoring programs that provide oppor-
tunities to experience the outdoors, be phys-
ically active, and teach skills for lifelong partici-
pation in outdoor activities, including fishing, 
hunting, recreational shooting, archery, hiking, 
camping, outdoor play in natural environments, 
and wildlife watching; 
(B) implementing programs that connect 
communities with safe parks, green spaces, and 
outdoor recreation areas through affordable 
public transportation and trail systems that en-
courage walking, biking, and increased physical 
activity outdoors; 
(C) implementing school-based programs 
that use outdoor learning environments, such as 
wildlife habitats or gardens, and programs that 
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use service learning to restore natural areas 
and maintain recreational assets; and 
(D) implementing education programs for 
parents and caregivers about the health benefits 
of active time outdoors to fight obesity and in-
crease the quality of life for Americans, espe-
cially children, youth, and families. 
(e) PRIORITY.—In making cooperative agreements 
under subsection (a) and subgrants under subsection 
(d)(1), the Secretary and the recipient under subsection 
(a), respectively, shall give preference to entities that serve 
individuals who have limited opportunities to experience 
nature, including those who are socioeconomically dis-
advantaged or have a disability or suffer disproportion-
ately from physical and mental health stressors. 
(f) GUIDELINES.—Not later than 180 days after the 
date of the enactment of this Act, and after notice and 
opportunity for public comment, the Secretary shall pub-
lish in the Federal Register guidelines on the implementa-
tion of this subtitle, including guidelines for— 
(1) developing and submitting strategies and 
evaluation methods under subsection (b); and 
(2) technical assistance and dissemination of 
best practices under section 215. 
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(g) REPORTING.—Not later than 2 years after the 
Secretary approves the Healthy Kids Outdoors State 
Strategy of an eligible entity receiving funds under this 
section, and every year thereafter, the eligible entity shall 
submit to the Secretary a report on the implementation 
of the strategy based on the entity’s evaluation and assess-
ment of meeting the goals specified in the strategy. 
(h) ALLOCATION OF FUNDS.—An eligible entity re-
ceiving funding under subsection (a) for a fiscal year— 
(1) may use not more than 5 percent of the 
funding for administrative expenses; and 
(2) shall use at least 95 percent of the funding 
for subgrants to local partners under subsection (d). 
(i) MATCH.—An eligible entity receiving funding 
under subsection (a) for a fiscal year shall provide a 25- 
percent match through in-kind contributions or cash. 
SEC. 213. NATIONAL STRATEGY FOR ENCOURAGING AMERI-
CANS TO BE ACTIVE OUTDOORS. 
(a) IN GENERAL.—Not later than September 30, 
2013, the President, in cooperation with appropriate Fed-
eral departments and agencies, shall develop and issue a 
national strategy for encouraging Americans, especially 
children, youth, and families, to be physically active out-
doors. Such a strategy shall include— 
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(1) identification of barriers to Americans, es-
pecially children, youth, and families, spending 
healthy time outdoors and specific policy solutions to 
address those barriers; 
(2) identification of opportunities for partner-
ships with Federal, State, tribal, and local partners; 
(3) coordination of efforts among Federal de-
partments and agencies to address the impacts of 
Americans, especially children, youth, and families, 
spending less active time outdoors on— 
(A) public health, including childhood obe-
sity, attention deficit disorders and stress; 
(B) the future of conservation in the 
United States; and 
(C) the economy; 
(4) identification of ongoing research needs to 
document the health, conservation, economic, and 
other outcomes of implementing the national strat-
egy and State strategies; 
(5) coordination and alignment with Healthy 
Kids Outdoors State Strategies; and 
(6) an action plan for implementing the strat-
egy at the Federal level. 
(b) STRATEGY DEVELOPMENT.— 
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(1) PUBLIC
PARTICIPATION.—Throughout the 
process of developing the national strategy under 
subsection (a), the President may use, incorporate, 
or otherwise consider existing Federal plans and 
strategies that, in whole or in part, contribute to 
connecting Americans, especially children, youth, 
and families, with the outdoors and shall provide for 
public participation, including a national summit of 
participants with demonstrated expertise in encour-
aging individuals to be physically active outdoors in 
nature. 
(2) UPDATING THE NATIONAL STRATEGY.—The 
President shall update the national strategy not less 
than 5 years after the date the first national strat-
egy is issued under subsection (a), and every 5 years 
thereafter. In updating the strategy, the President 
shall incorporate results of the evaluation under sec-
tion 214. 
SEC. 214. NATIONAL EVALUATION OF HEALTH IMPACTS. 
The Secretary, in coordination with the Secretary of 
Health and Human Services, shall— 
(1) develop recommendations for appropriate 
evaluation measures and criteria for a study of na-
tional significance on the health impacts of the 
strategies under this subtitle; and 
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(2) carry out such a study. 
SEC. 215. TECHNICAL ASSISTANCE AND BEST PRACTICES. 
The Secretary shall— 
(1) provide technical assistance to grantees 
under section 212 through cooperative agreements 
with national organizations with a proven track 
record of encouraging Americans, especially children, 
youth, and families, to be physically active outdoors; 
and 
(2) disseminate best practices that emerge from 
strategies funded under this subtitle. 
SEC. 216. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary to carry out this subtitle such 
sums as may be necessary for each of fiscal years 2014 
through 2018. 
(b) LIMITATION.—Of the amounts made available to 
carry out this subtitle for a fiscal year, not more than 5 
percent may be made available for carrying out section 
215. 
(c) SUPPLEMENT, NOT SUPPLANT.—Funds made 
available under this subtitle shall be used to supplement, 
and not supplant, any other Federal, State, or local funds 
available for activities that encourage Americans, espe-
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cially children, youth, and families to be physically active 
outdoors. 
Subtitle C—Other Provisions 
SEC. 221. PHYSICAL EDUCATION GUIDELINES FOR ELE-
MENTARY AND SECONDARY SCHOOLS. 
The Secretary of Health and Human Services, acting 
through the Director of the Centers for Disease Control 
and Prevention— 
(1) not later than 1 year after the date of the 
enactment of this Act, shall issue and make available 
to the public guidelines for physical education in ele-
mentary and secondary schools; and 
(2) not less than every 5 years thereafter, up-
date such guidelines as appropriate. 
SEC. 222. TREATING PHYSICAL EDUCATION AS A CORE ACA-
DEMIC SUBJECT FOR ELEMENTARY AND SEC-
ONDARY EDUCATION GRANTS. 
Section 9101(11) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(11)) is amended 
by inserting ‘‘physical education,’’ after ‘‘arts,’’. 
SEC. 223. PHYSICAL ACTIVITY GUIDELINES FOR PRE-
SCHOOL CHILDREN. 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Health and Human Services, 
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acting through the Centers for Disease Control and Pre-
vention, shall— 
(1) issue physical activity guidelines for pre-
school children, 
(2) make such guidelines available to the public, 
and 
(3) make a recommendation to each Head Start 
agency that such agency implement such guidelines 
as appropriate in the Head Start program carried 
out by such agency. 
SEC. 224. TRACKING PHYSICAL ACTIVITY IN SCHOOLS. 
(a) REPORT CARDS.—Section 1111(h) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
6311(h)) is amended— 
(1) in paragraph (1)(C)— 
(A) in clause (vii), by striking ‘‘and’’ after 
the semicolon; 
(B) in clause (viii), by striking the period 
at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(ix) the amount of time students 
spend in required physical education as 
measured against the national standards of 
150 minutes per week of required physical 
education for students in elementary school 
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and 225 minutes per week of required 
physical education for students in middle 
school and secondary school; 
‘‘(x) the percentage of local edu-
cational agencies in the State that have a 
required, age-appropriate physical edu-
cation curriculum for all students in ele-
mentary schools, middle schools, and sec-
ondary schools that adheres to national 
guidelines adopted by the Centers for Dis-
ease Control and Prevention and State 
standards; 
‘‘(xi) the percentage of elementary 
school and secondary school physical edu-
cation teachers who are State licensed or 
certified as physical education teachers; 
and 
‘‘(xii) the percentage of schools that 
have a School Health Council that includes 
parents, students, representatives of the 
school food authority, representatives of 
the school board, school administrators 
and members of the public and that meets 
monthly to promote a healthy school envi-
ronment.’’; 
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(2) in paragraph (2)(B)(i)— 
(A) in subclause (I), by striking ‘‘and’’ 
after the semicolon; 
(B) in subclause (II), by striking ‘‘and’’ 
after the semicolon; and 
(C) by adding at the end the following: 
‘‘(III) the percentage of elemen-
tary school and secondary school 
physical education teachers who are 
State certified as physical education 
teachers; and 
‘‘(IV) the amount of square feet 
of indoor and outdoor facilities that 
are primarily used for physical edu-
cation and the amount of square feet 
of indoor and outdoor facilities that 
are primarily used for physical activ-
ity; and’’; and 
(3) in paragraph (2)(B)(ii)— 
(A) in subclause (I), by striking ‘‘and’’ 
after the semicolon; 
(B) in subclause (II), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
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‘‘(III) the percentage of elemen-
tary school and secondary school 
physical education teachers who are 
State certified as physical education 
teachers; and 
‘‘(IV) the number of meetings of 
a School Health Council that includes 
parents, students, representatives of 
the school food authority, representa-
tives of the school board, school ad-
ministrators and members of the pub-
lic during the school year.’’. 
(b) PROMOTING PHYSICAL EDUCATION AND ACTIV-
ITY IN SCHOOL PROGRAMS.— 
(1) ELEMENTARY
AND
SECONDARY
SCHOOL 
COUNSELING PROGRAMS.—Section 5421 of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7245) is amended— 
(A) in subsection (b)(2)(H), by inserting ‘‘, 
which design and implementation shall take 
into consideration the overall emotional and 
physical well-being of students’’ after ‘‘the pro-
gram’’; and 
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(B) in subsection (c)(2)(E), by inserting 
‘‘health, the importance of regular physical ac-
tivity,’’ after ‘‘relationships,’’. 
(2) SMALLER
LEARNING
COMMUNITIES.—Sec-
tion 5441(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7249(b)) is amended 
by adding at the end the following: 
‘‘(14) How the local educational agency will en-
sure that smaller learning communities support 
healthy lifestyles including participation in physical 
education and physical activity by all students and 
access to nutritious food and nutrition education.’’. 
(3) 21ST CENTURY COMMUNITY LEARNING CEN-
TERS.— 
(A) 
PURPOSE; 
DEFINITIONS.—Section 
4201 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7171) is amend-
ed— 
(i) in subsection (a)(2), by inserting 
‘‘nutrition education programs, structured 
physical activity programs,’’ after ‘‘recre-
ation programs,’’; and 
(ii) in subsection (b)(1)(A), by insert-
ing ‘‘nutrition education, structured phys-
ical activity,’’ after ‘‘recreation,’’. 
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‘‘standards and to ensure that the children 
lead healthy, active lives.’’; and 
(iii) in paragraph (1)— 
(I) by inserting after ‘‘sup-
portive’’ the following: ‘‘, healthy,’’; 
(II) by striking ‘‘; and partici-
pating’’ and inserting ‘‘; partici-
pating’’; and 
(III) by inserting after ‘‘extra-
curricular time’’ the following: ‘‘and 
supporting their children in leading a 
healthy and active life, such as by 
providing healthy meals and snacks, 
encouraging participation in physical 
education, and sharing in physical ac-
tivity outside the school day’’; and 
(C) in subsection (e)— 
(i) by redesignating paragraphs (6) 
through (14) as paragraphs (7) through 
(15), respectively; and 
(ii) by inserting after paragraph (5) 
the following: 
‘‘(6)(A) shall ensure that parents and teachers 
have information about the importance of a healthy 
lifestyle, including nutritional eating habits, physical 
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education, and physical activity, to an effective 
learning environment; and 
‘‘(B) shall coordinate activities with parents 
and teachers to ensure that children are provided 
with nutritious meals and snacks, and have ample 
opportunities for physical education and physical ac-
tivity during and outside the school day;’’. 
(c) PROFESSIONAL DEVELOPMENT FOR TEACHERS 
AND PRINCIPALS.— 
(1) STATE APPLICATIONS.—Section 2112(b) of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6612(b)) is amended by adding at 
the end the following: 
‘‘(13) A description of how the State edu-
cational agency will use funds under this part to 
provide professional development that is directly re-
lated to the fields of physical education and health 
education to physical education teachers and health 
education teachers to ensure that children are lead-
ing healthy, active lifestyles that are conducive to ef-
fective learning.’’. 
(2) STATE USE OF FUNDS.—Section 2113(c)(6) 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6613(c)(6)) is amended— 
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(A) by striking ‘‘, in cases in which a State 
educational agency determines support to be 
appropriate,’’; and 
(B) by inserting ‘‘, physical education 
teachers, and health education teachers’’ after 
‘‘pupil services personnel’’. 
(3) LOCAL APPLICATIONS AND NEEDS ASSESS-
MENT.—Section 2122(b)(9) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
6622(b)(9)) is amended— 
(A) in subparagraph (C), by striking 
‘‘and’’ after the semicolon; 
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) improve the health and eating habits 
of students and increase rates of physical activ-
ity of students.’’. 
(4) LOCAL USE OF FUNDS.—Section 2123(a)(3) 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6623(a)(3)) is amended— 
(A) in subparagraph (A)— 
(i) in clause (i), by striking ‘‘and’’ 
after the semicolon; and 
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(ii) by adding at the end the fol-
lowing: 
‘‘(iii) effective strategies for improving 
the healthy habits of students and the 
rates of physical activity by students that 
result in the ability to learn more effec-
tively; and’’; and 
(B) in subparagraph (B)— 
(i) in clause (iv), by striking ‘‘and’’ 
after the semicolon; 
(ii) in clause (v), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(vi) provide training, with curricula 
that is evidence-based, in how to teach 
physical education and health education 
that results in the ability of students to 
learn more effectively.’’. 
(d) NATIONAL RESEARCH COUNCIL STUDY.—Not 
later than 180 days after the date of enactment of this 
Act, the Secretary of Education shall enter into a contract 
with the National Research Council of the National Acad-
emy of Sciences to— 
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(1) examine and make recommendations re-
garding— 
(A) various means that may be employed 
to incorporate physical activity into Head Start 
and childcare settings, elementary, middle, and 
high school settings, and before- and after- 
school programs; and 
(B) innovative and effective ways to in-
crease physical activity for all students; 
(2) study the impact of health, level of physical 
activity, and amount of physical education on stu-
dents’ ability to learn and maximize performance in 
school; and 
(3) study and provide specific recommendations 
for— 
(A) effectively measuring the progress of 
students, at the school level, in improving their 
health and well-being, including improving 
their— 
(i) knowledge, awareness, and behav-
ior changes, related to nutrition and phys-
ical activity; 
(ii) cognitive development, and fitness 
improvement, in physical education; 
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(iii) knowledge of lifetime physical ac-
tivity and health promotion; 
(iv) decrease in obesity; and 
(v) levels on overall health indicators; 
and 
(B) effectively measuring the progress of 
students, at the school level, in increasing phys-
ical activity. 
SEC. 225. EMPLOYER-PROVIDED OFF-PREMISES HEALTH 
CLUB SERVICES. 
(a) TREATMENT
AS FRINGE BENEFIT.—Subpara-
graph (A) of section 132(j)(4) of the Internal Revenue 
Code of 1986 (relating to on-premises gyms and other ath-
letic facilities) is amended to read as follows: 
‘‘(A) IN
GENERAL.—Gross income shall 
not include— 
‘‘(i) the value of any on-premises ath-
letic facility provided by an employer to the 
employer’s employees, and 
‘‘(ii) so much of the fees, dues, or 
membership expenses paid by an employer 
to an athletic or fitness facility described 
in subparagraph (C) on behalf of the em-
ployer’s employees as does not exceed $900 
per employer per year.’’. 
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