[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3894 Introduced in House (IH)]

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION PROGRAM.

    Part Q of title III (42 U.S.C. 280h et seq.) is amended by 
inserting after section 399W the following:

``SEC. 399W-1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION 
              PROGRAM.

    ``(a) Program.--The Secretary shall establish a community-based 
overweight and obesity prevention program 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 contract under 
subsection (b), an entity shall be a community partnership that 
demonstrates community support and includes--
            ``(1) a broad cross section of stakeholders, such as--
                    ``(A) hospitals, health care systems, community 
                health centers, or other health care providers;
                    ``(B) universities, local educational agencies, or 
                childcare providers;
                    ``(C) State, local, and tribal health departments;
                    ``(D) State, local, and tribal park and recreation 
                departments;
                    ``(E) employers; and
                    ``(F) health insurance companies;
            ``(2) residents of the community; and
            ``(3) representatives of public and private entities that 
        have a history of working within and serving 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 recipient 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 assessment of, and 
                recommendations on improvements to, the entity's 
                program funded through the grant or contract; and
                    ``(B) the entity has conducted or will conduct an 
                assessment of the overweight and obesity problem in its 
                community, including the extent of the problem and 
                factors contributing to the problem.
            ``(2) Matching requirement.--The Secretary 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 activities 
        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 satisfaction 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
                    ``(C) by an entity which provides health services 
                on a prepaid basis.
            ``(4) Maintenance of effort.--The Secretary may award a 
        grant or contract under this section 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 entity 
                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 contracts under this 
section, the Secretary shall give preference to eligible entities 
that--
            ``(1) will serve communities with high levels of overweight 
        and obesity and related chronic diseases; or
            ``(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 Secretary and includes the Ways to Enhance 
        Children's Activity and Nutrition (We Can) program and 
        curriculum 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 appropriated $10,000,000 for fiscal year 
2011 and such sums as may be necessary for each of fiscal years 2012 
through 2015.''.
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