[Congressional Record Volume 155, Number 165 (Friday, November 6, 2009)]
[Extensions of Remarks]
[Pages E2748-E2749]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            HEALTHY KIDS ACT

                                 ______
                                 

                          HON. JAMES P. MORAN

                              of virginia

                    in the house of representatives

                        Friday, November 6, 2009

  Mr. MORAN of Virginia. Madam Speaker, today I am introducing the 
``Healthy Kids Act,'' legislation that will focus the resources of the 
federal government on ending the epidemic of obesity that threatens a 
generation of America's children.
  Over the past three decades, the rate of childhood obesity has risen 
to crisis proportions. Current data from the Centers for Disease 
Control and Prevention show that rates of obesity have more than 
doubled for children aged 2 to 11 years and more than tripled for 
adolescents aged 12 to 19 years. According to the CDC, 32 percent of 
children are overweight, 16 percent are obese, and 11 percent are 
extremely obese. In some racial and ethnic groups, in low-income 
populations, and among recent immigrants, the rates of obesity among 
children and youth are alarmingly high.
  The health consequences for these children are very serious. They are 
at much greater risk of developing diabetes, heart disease, high blood 
pressure, asthma, and other diseases than their non-obese peers. Many 
children are subjected to ridicule and bullying that damage their 
emotional well-being. Beyond the tragic consequences for the children 
themselves are the effects on the American economy. Obese children are 
at risk of growing into obese adults who do not participate fully in 
the workforce because of employment discrimination, lost productivity 
due to illness and disability, and premature death. If the childhood 
obesity epidemic continues at its current rate, conditions related to 
type 2 diabetes, such as blindness, coronary artery disease, stroke, 
and kidney failure may become common conditions of middle age. Health 
care costs for this population are likely to rise to an extent we are 
only now beginning to appreciate.
  Many factors contribute to the childhood obesity epidemic. Many 
children's diets are too high in fats and carbohydrates and do not 
include enough fruits and vegetables. At the same time, our children 
are less active than they were a generation ago. More time front of the 
television means that kids are exposed to over 20,000 commercials a 
year, very few of which are encouraging them to exercise and eat right. 
Residential communities often do not have safe sidewalks or recreation 
areas to draw children off the couch and outside to run and play. 
Underfunded schools have cut back on physical education programs and 
are resorting to revenues from vending machines full of junk food to 
supplement public funding.
  The Healthy Kids Act will provide critical Federal leadership to 
address this crisis by establishing an Office of Childhood Overweight 
and Obesity Prevention and treatment within the Department of Health 
and Human Services. The Director of this office will be the Federal 
Government's champion on this issue. The Director is charged with 
evaluating the effectiveness of existing Federal policies, programs, 
and research efforts and identifying future needs; implementing Federal 
support measures for State, tribal, and territorial programs; and 
carrying out a comprehensive, long-term, national campaign to prevent 
weight gain and obesity among our children and youth. The Director will 
also have an important role in promoting and supporting school wellness 
policies that monitor students' body mass index, provide parents with 
information on health and nutrition, and implement age-appropriate 
physical activity programs.
  In carrying out these responsibilities, the Director will consider 
the unique needs of racially and ethnically diverse groups and high-
risk populations, including low-income populations and communities. The 
Director will also take advantage of the expertise of the Secretaries 
of the Departments of Agriculture, Education, Defense, Interior, 
Housing and Urban

[[Page E2749]]

Development, and Transportation, as well as the Director of the Centers 
for Disease Control and Prevention and the Chairmen of the Federal 
Trade Commission and the Federal Communications Commission.
  To make sure that our young people receive a consistent message that 
encourages them to adopt healthful eating patterns and helps them 
understand their nutritional needs, the Director will work with the 
Secretary of Agriculture to identify three categories of foods and 
beverages--Tier 1 foods and beverages, which are healthful for children 
and adolescents and the consumption of which is encouraged; Tier 2 
foods and beverages, which do not exceed levels of total, saturated, 
and trans fat, sugars, and sodium that are acceptable in a healthful 
diet for children and adolescents; and Tier 3 foods and beverages, 
which do not contribute to a healthful diet for children and 
adolescents and the consumption of which is discouraged. These 
categories will form the basis for regulations to be issued by the 
Secretary of Agriculture updating the current standards for foods and 
beverages available to schoolchildren outside the federally supported 
school meal programs. This approach to the problem of competitive foods 
would allow schools to retain the revenue stream from sales of 
competitive foods by offering healthful options, and would send the 
message that certain foods should be enjoyed as treats, not as part of 
the daily diet.
  The same three categories of foods and beverages would form the basis 
for guidelines issued by the Director in consultation with the Chairman 
of the Federal Trade Commission to control the marketing, advertising, 
or promoting of foods and beverages to children and children and 
adolescents. Children's preferences for foods that lack sweet and salty 
tastes are learned and require repeated positive experiences, 
especially to accept fruits, vegetables, and other nutrient-rich foods 
later in life. There is evidence that parental ability to guide 
children's consumption of food and beverages has been compromised by an 
environment that exposes children to an array of advertising and 
marketing messages for junk food, many directed at children too young 
to understand the selling purpose of advertising. Most children ages 8 
years and under do not effectively comprehend the persuasive intent of 
marketing messages, and most children ages 4 years and under cannot 
consistently discriminate between television advertising and 
programming. In short, a child is not possessed of the full capacity 
for individual choice that is the presupposition of First Amendment 
guarantees. The knowledge that parental control or guidance cannot 
always be provided and society's transcendent interest in protecting 
the welfare of children justify reasonable regulation of the sale of 
material to them. A provision in current federal law prohibiting the 
Chairman from issuing such regulations is repealed.
  The bill also makes clear that counseling and treatment services for 
overweight and obese children are eligible for reimbursement under the 
Medicaid and SCHIP programs.
  Madam Speaker, we can, and we simply must, make addressing childhood 
obesity a national priority. Not only must we help the children who are 
already affected, we must not fail to protect another generation. 
Health is more than the absence of physical or mental illness--it is 
also the extent to which children and youth have the capacity to reach 
their full potential. Childhood obesity is a public health crisis that 
will not be solved without the full support of the Federal Government. 
I urge my colleagues to support the Healthy Kids Act.

                          ____________________