I 
109TH CONGRESS 
2D SESSION 
H. R. 5951 
To improve the health of Americans and reduce health care costs by reori-
enting the Nation’s health care system toward prevention, wellness, and 
self care. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2006 
Mr. UDALL of New Mexico (for himself, Ms. WOOLSEY, and Mr. MORAN of 
Virginia) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, Education and the Workforce, and Government Re-
form, 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 committee concerned 
A BILL 
To improve the health of Americans and reduce health care 
costs by reorienting the Nation’s health care system to-
ward prevention, wellness, and self care. 
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 Lifestyles and Prevention America Act’’ or the 
‘‘HeLP America Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—HEALTHIER KIDS AND SCHOOLS 
Sec. 101. Fresh Fruit and Vegetable Program. 
Sec. 102. Food of minimal nutritional value. 
Sec. 103. School nutrition environment enhancement grants. 
TITLE II—HEALTHIER COMMUNITIES AND WORKPLACES 
Subtitle A—Incentives for a Healthy Workforce 
Sec. 201. Short title. 
Sec. 202. Tax credit to employers for costs of implementing wellness programs. 
Sec. 203. Income exclusion for employer-provided off-premises health club serv-
ices. 
Sec. 204. CDC and employer-based wellness programs. 
Subtitle B—Healthy Communities 
Sec. 211. Healthy community grants. 
Sec. 212. Preventive medicine and public health training grant program. 
Subtitle C—Family Smoking Prevention and Control 
Sec. 221. Short title. 
Sec. 222. Findings. 
Sec. 223. Purpose. 
Sec. 224. Scope and effect. 
Sec. 225. Severability. 
PART I—AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION 
Sec. 231. Amendment of Federal Food, Drug, and Cosmetic Act. 
Sec. 232. Interim final rule. 
Sec. 233. Conforming and other amendments to general provisions. 
PART II—TOBACCO PRODUCT WARNINGS; CONSTITUENT AND SMOKE 
CCONSTITUENT DISCLOSURE 
Sec. 235. Cigarette label and advertising warnings. 
Sec. 236. Authority to revise cigarette WARNING label statements. 
Sec. 237. State regulation of cigarette advertising and promotion. 
Sec. 238. Smokeless tobacco labels and advertising warnings. 
Sec. 239. Authority to revise smokeless tobacco product WARNING label state-
ments. 
Sec. 240. Tar, nicotine, and other smoke constituent disclosure to the public. 
PART III—PREVENTION OF ILLICIT TRADE IN TOBACCO PRODUCTS 
Sec. 241. Labeling, recordkeeping, records inspection. 
Sec. 242. Study and report. 
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TITLE III—RESPONSIBLE MARKETING AND CONSUMER 
AWARENESS 
Subtitle A—General Provisions 
Sec. 301. Nutrition labeling of restaurant foods. 
Sec. 302. Rulemaking authority for advertising to children. 
Sec. 303. Food advertising in schools. 
Sec. 304. Disallowance of deductions for advertising and marketing expenses 
relating to Tobacco product use. 
Sec. 305. Federal-State Tobacco counter-advertising programs. 
Subtitle B—Penalties for Failure to Reduce Teen Smoking 
Sec. 311. Child cigarette use surveys. 
Sec. 312. Cigarette use reduction goal and noncompliance. 
Sec. 313. Enforcement. 
TITLE IV—REIMBURSEMENT AND COVERAGE OF PREVENTIVE 
SERVICES 
Sec. 401. Coverage of substance use (other than tobacco), diet, exercise, injury 
prevention, and dental health counseling. 
Sec. 402. Encouragement of cessation of tobacco use. 
Sec. 403. Recognition of school-based health centers as model for delivery of 
primary care for children under Medicaid and the State Chil-
dren’s Health Insurance Program. 
Sec. 404. Preventive health care demonstration program. 
Sec. 405. Preventive health services for women. 
TITLE V—HELP (HEALTHY LIFESTYLES AND PREVENTION) 
AMERICA TRUST FUND 
Sec. 501. HeLP (Healthy Lifestyles and Prevention) America Trust Fund. 
TITLE VI—RESEARCH 
Sec. 601. Expansion of research regarding obesity. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Health care costs in the United States are 
rising rapidly. Per capita health spending in the 
United States is 56 percent higher than the median 
country that is a member of the Organization for 
Economic Cooperation and Development. 
(2) According to the Centers for Medicare and 
Medicaid Services, total health care spending in the 
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United States in 2004 was $1,800,000,000,000 and 
is expected to rise to $3,600,000,000,000 by 2014. 
Furthermore, chronic disease accounts for approxi-
mately 75 percent of health care costs annually. 
(3) The United States spends less than 5 per-
cent of annual health care expenditures on preven-
tion 
(4) Reducing and preventing the incidence of 
chronic disease is one means by which to reduce 
health care costs in the United States. 
(5) More than 1,700,000 Americans die of a 
chronic disease each year, accounting for nearly 70 
percent of all deaths in the United States. 
(6) The economic impact of chronic disease can 
be seen in the annual costs associated with cardio-
vascular disease and stroke ($352,000,000,000), 
obesity 
($117,000,000,000), 
cancer 
($171,600,000,000), 
and 
diabetes 
($132,000,000,000). 
(7) Obesity related health conditions cost em-
ployers nearly $13,000,000,000 in health care and 
other indirect costs. 
(8) Health promotion investments by employers 
on average yield a return of $3 for every $1 invested 
in a program. 
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(9) Being overweight or obese increase the risk 
of diabetes, heart disease, stroke, several types of 
cancer and other health problems. 
(10) An estimated 65 percent of adults and 15 
percent of children and adolescents in the United 
States are overweight or obese. 
(11) The rates of obesity have doubled in chil-
dren and tripled in teens since the 1980’s. 
(12) Almost 40 percent of Americans are sed-
entary. More than 1⁄3 of young people in grades 9 
through 12 do not regularly engage in vigorous-in-
tensity physical activity. 
(13) Only 1 in 5 young people eat the rec-
ommended 5 daily servings of fruits and vegetables. 
(14) Food and beverage advertisers collectively 
spend $10,000,000,000 to $12,000,000,000 a year 
to reach children and youth. 
(15) Between 1977 and 1995, trips made by 
walking declined by 40 percent for adults while driv-
ing trips increased to almost 90 percent of the total. 
(16) Virtually all-new users of tobacco products 
are under the minimum legal age to purchase such 
products. Every day in America, more than 4,000 
kids try their first cigarette. Another 2,000 children 
become new daily smokers. 
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