[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2399 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2399

 To provide for the improvement of physical activity and nutrition and 
              the prevention of obesity for all Americans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2004

 Mr. Fitzgerald (for himself and Mr. Kennedy) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide for the improvement of physical activity and nutrition and 
              the prevention of obesity for all Americans.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Lifestyles Act of 2004''.

SEC. 2. ACTIVITIES RELATING PHYSICAL ACTIVITY.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399O. INCREASING PHYSICAL ACTIVITY.

    ``(a) In General.--The Secretary, in collaboration with the 
Director of the Centers for Disease Control and Prevention, the 
Secretary of Education, the Secretary of Labor, and the Director of the 
Federal Highway Administration, shall establish and implement 
activities for the purpose of increasing physical activity in schools, 
worksites, and communities.
    ``(b) Schools.--The Director of the Centers for Disease Control and 
Prevention, in collaboration with the Secretary of Education shall 
award grants to public elementary and secondary schools for programs 
that support--
            ``(1) the provision of daily physical education for 
        students in kindergarten through grade 12 through programs that 
        are consistent with the Guidelines for Physical Activity as 
        reported by Centers for Disease Control and Prevention and the 
        American College of Sports Medicine and National Physical 
        Education Standards;
            ``(2) the implementation of comprehensive school curricula 
        and school-based physical activity programs that provide 
        education about lifelong physical activity;
            ``(3) training for school personnel that provides the 
        knowledge and skills needed to effectively teach lifelong 
        physical activity; and
            ``(4) evaluations of school physical education programs and 
        facilities at annual intervals to determine the extent to which 
        national guidelines described in paragraph (1) are met.
    ``(c) Worksites.--The Director of the Centers for Disease Control 
and Prevention and the Secretary of Labor, shall award grants to 
eligible entities as determined by the Director, which may include 
labor organizations, trade associations, trade groups, and businesses 
for the establishment of projects that include--
            ``(1) the development of activity friendly worksites (which 
        may include the provision of facilities for physical activity, 
        accessible and attractive stairwells, walking trails, and 
        supportive management practices) that encourage employee 
        participation in physical activity;
            ``(2) the development of worksite wellness programs that 
        improve physical activity by increasing the knowledge, 
        attitudes, skills, and behaviors of employees; and
            ``(3) the development of employee incentive programs (such 
        as cafeteria discounts, health club memberships, small cash 
        bonuses, and time off) to increase the participation of 
        employees in worksite health promotion programs that increase 
        physical activity.
    ``(d) Communities.--The Director of the Centers for Disease Control 
and Prevention, the Secretary of Transportation, and Secretary of the 
Interior shall award grants for the implementation and evaluation of 
activities that may include--
            ``(1) projects to design pedestrian zones and construct 
        safe walkways and cycling paths;
            ``(2) projects that create greenways and open-space areas 
        linking parks, nature preserves, and cultural or historic sites 
        with each other and with populated areas such as residential 
        communities and business locations;
            ``(3) initiatives to increase the use of walking and 
        bicycling as a transportation mode by creating or enhancing 
        informational outreach to parks or community recreation 
        centers; and
            ``(4) community-wide campaigns designed to increase 
        physical activity as part of multicomponent efforts that 
        include strategies such as support of self help groups, 
        physical activity counseling, risk factor screening and 
        education, and environmental or policy changes such as the 
        creation of walking trails.
    ``(e) Evaluation.--Not later than 2 years after the date on which a 
grant is awarded under this section, the grantee shall submit to the 
Director of the Centers for Disease Control and Prevention a report 
that describes the activities carried out with funds received under the 
grant and the effectiveness of such activities in increasing physical 
activity.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2005 through 2009.''.

SEC. 3. IMPROVING NUTRITIONAL INTAKE.

    Section 301 of the The National Nutrition Monitoring and Related 
Research Act of 1990 (7 U.S.C. 5341) is amended to read as follows:

``SEC. 301. DIETARY GUIDELINES.

    ``(a) In General.--Not later than 3 months after the date of 
enactment of the Healthy Lifestyles Act of 2004, and at least every 5 
years thereafter, the Secretary of Health and Human Services shall 
enter into a contract with the Institute of Medicine for the 
development and publication of a report containing the `Dietary 
Guidelines for Americans'.
    ``(b) Guidelines.--Each report under subsection (a) shall--
            ``(1) be complete within 1 year of the date on which the 
        contract was entered into under such subsection for such 
        report; and
            ``(2) contain--
                    ``(A) an evaluation of scientific and medical 
                knowledge relating to healthy diets and nutrition;
                    ``(B) dietary guidelines for Americans, with 
                specifications for different ages and other segments of 
                the population as determined appropriate by the 
                Institute of Medicine.
    ``(c) Submission.--The Institute of Medicine shall submit a final 
report under each contract under subsection (a) to the Secretary of 
Health and Human Services, appropriate committees of Congress, and the 
general public.
    ``(d) Use.--The Secretary of Health and Human Services shall ensure 
that dietary guidelines established under this section serve as the 
basis of any food, nutrition or health program conducted or operated by 
each Federal health agency.
    ``(e) Food Guide Pyramid.--In accordance with the dietary 
guidelines published in the report under subsection (b), the Secretary 
shall publish revisions to the guide commonly known as the `food guide 
pyramid' or any successor to such guide.''.

SEC. 4. IMPROVING THE USE OF DIETARY INFORMATION AND GUIDELINES.

    (a) In General.--The Secretary of Health and Human Services shall 
enter into a contract with the Institute of Medicine for the conduct of 
a study and the making of recommendations concerning the implementation 
and dissemination of dietary information and nutrition guidelines.
    (b) Content.--The recommendations made under subsection (a) shall 
address the following:
            (1) The implementation of nutrition guidelines and dietary 
        information in Federal programs.
            (2) The dissemination of nutrition guidelines and dietary 
        information to the public.
            (3) The coordination, collaboration, and integration of 
        nutrition activities within and across the Federal agencies and 
        programs.
            (4) A means for ensuring scientific integrity in the 
        implementation and dissemination of dietary information and 
        nutrition guidelines.
            (5) A means for evaluating the impact of nutrition 
        guidelines and dietary information.
            (6) Other issues determined appropriate by the Institute of 
        Medicine.
    (c) Submission.--Not later than 1 year after the date of enactment 
of this Act, the Institute of Medicine shall submit to the Secretary of 
Health and Human Services, the appropriate committees of Congress, and 
the public, a report that contains the findings of the study and 
recommendations under subsection (a).
    (d) Implementation.--
            (1) In general.--Not later than 1 year after the submission 
        of the report under subsection (c), the Secretary of Health and 
        Human Services, in collaboration with the Secretary of 
        Agriculture, shall prepare and publish a plan relating to the 
        strategy of the Secretary to implement the recommendations made 
        pursuant to subsection (a).
            (2) Public comment.--The Secretary of Health and Human 
        Services shall request public review and comment during the 
        development of the plan under paragraph (1). The final plan 
        shall describe the comments received and how comments were 
        incorporated into the plan.
            (3) Implementation reports.--Not later than 3 years after 
        the date of enactment of this Act, and biennially thereafter, 
        the Secretary of Health and Human Services shall evaluate and 
        report to Congress on the efforts of the Department of Health 
        and Human Services to implement the recommendations made 
        pursuant to subsection (a).

SEC. 5. INCREASING THE INTAKE OF NUTRITIONAL FOODS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.), as amended by section 2, is further amended by adding at 
the end the following:

``SEC. 399P. INCREASING THE INTAKE OF NUTRITIONAL FOODS.

    ``(a) In General.--The Secretary, in collaboration with the 
Director of the Centers for Disease Control and Prevention, the 
Secretary of Education, and the Secretary of Agriculture, shall 
establish and implement activities to improve the consumption of 
nutritional foods (such as fruits and vegetables, and foods that are 
low in fat, sugar, and salt) in communities.
    ``(b) Communities.--The Secretary, acting through the Director of 
the Centers of Disease Control and Prevention, shall award grants for 
projects that--
            ``(1) implement campaigns, in communities at risk for poor 
        nutrition, that are designed to promote the intake of foods 
        consistent with established dietary guidelines through the use 
        of different types of media including television, radio, 
        newspapers, movie theaters, billboards, and mailings;
            ``(2) implement campaigns, in communities at risk for poor 
        nutrition, that promote water as the main daily drink choice 
        through the use of different types of media including 
        television, radio, newspapers, movie theaters, billboards, and 
        mailings;
            ``(3) conduct outreach to commercial food establishments, 
        grocery stores, and other food suppliers, to increase the 
        availability and accessibility of healthy foods and beverages;
            ``(4) partner with national programs that provide parents 
        and mentors with the skills to help guide and influence healthy 
        meals and snack selections for children and adolescents; and
            ``(5) partner with national afterschool and summer programs 
        that provide children with the education and skills needed to 
        make healthy meal and snack selections.
    ``(c) Health Professionals.--The Secretary, acting through the 
Administrator of the Health Resources and Services Administration, 
shall award grants to--
            ``(1) support the development, implementation, and 
        evaluation of curricula to educate and train health 
        professionals about effective nutrition education and 
        counseling strategies for obese individuals and parents of 
        overweight children, with emphasis on the Dietary Guidelines 
        for Americans or other nationally accepted standards; and
            ``(2) use information technology to develop, implement, and 
        evaluate the effectiveness of dietary counseling in health care 
        settings.
    ``(d) Evaluation.--Not later than 12 months after the date on which 
a grant is awarded under this section, the grantee shall submit to the 
Director of the Centers for Disease Control and Prevention a report 
that describes the activities carried out with funds received under the 
grant and the effectiveness of such activities in improving the intake 
of nutritional foods.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2005 through 2009.

SEC. 6. FEDERAL OBESITY PREVENTION AND CONTROL ACTIVITIES.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.), as amended by section 5, is further amended by adding at 
the end the following:

``SEC. 399Q. FEDERAL OBESITY PREVENTION AND CONTROL ACTIVITIES.

    ``(a) In General.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention, shall directly or 
through a grant to an eligible entity, conduct, support, and promote 
the coordination of research, investigations, demonstrations, training, 
and studies relating to the prevention, control, and surveillance of 
obesity.
    ``(b) Duties of the Secretary.--The activities of the Secretary 
under subsection (a) shall include--
            ``(1) the collection, publication, and analysis of data on 
        the prevalence and incidence of obesity;
            ``(2) the development of uniform data sets for public 
        health surveillance and clinical quality improvement 
        activities;
            ``(3) the identification of evidence-based and cost-
        effective best practices for the prevention, diagnosis, 
        management, and treatment of obesity;
            ``(4) research, including research on behavioral 
        interventions to prevent obesity and on other evidence-based 
        best practices relating to obesity prevention, diagnosis, 
        management, and care; and
            ``(5) demonstration projects, including community-based 
        programs of obesity prevention and control, and similar 
        collaborations with academic institutions, hospitals, health 
        insurers, researchers, health professionals, and nonprofit 
        organizations.
    ``(c) Training and Technical Assistance.--With respect to the 
planning, development, and operation of any activity carried out under 
subsection (a), the Secretary may provide training, technical 
assistance, supplies, equipment, or services, and may assign any 
officer or employee of the Department of Health and Human Services to a 
State or local health agency, or to any public or nonprofit entity 
designated by a State health agency, in lieu of providing grant funds 
under this section.
    ``(d) Obesity Prevention and Control Research at the Centers for 
Disease Control and Prevention Centers.--The Secretary shall provide 
additional grant support under this section for research projects at 
the Centers for Prevention Research of the Centers for Disease Control 
and Prevention to encourage the expansion of research portfolios at the 
Centers for Prevention Research to include obesity specific research 
activities related to the prevention and control of obesity.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2005 through 2009.''.

SEC. 7. STATE OBESITY PREVENTION AND CONTROL ACTIVITIES.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.), as amended by section 6, is further amended by adding at 
the end the following:

``SEC. 399R. STATE OBESITY PREVENTION AND CONTROL PROGRAMS.

    ``(a) In General.--The Secretary shall award grants to eligible 
entities to provide support for comprehensive obesity prevention and 
control programs and to enable such entities to provide public health 
surveillance, prevention, and control activities related to obesity.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be a State or an Indian tribe; and
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such agreements, assurances, and 
        information as the Secretary may require, including a 
        comprehensive obesity control and prevention plan that--
                    ``(A) is developed with the advice of stakeholders 
                from the public, private, and nonprofit sectors that 
                have expertise relating to obesity prevention, control, 
                and treatment;
                    ``(B) is intended to reduce the morbidity of 
                obesity, with priority on preventing and controlling 
                obesity in at-risk populations and reducing disparities 
                in obesity prevention, diagnosis, management, and 
                quality of care in underserved populations; and
                    ``(C) describes the obesity-related services and 
                activities to be undertaken or supported by the entity.
    ``(c) Use of Funds.--An eligible entity shall use amounts received 
under a grant awarded under subsection (a) to conduct, in a manner 
consistent with the comprehensive obesity prevention and control plan 
submitted by the entity in the application under subsection (b)(2)--
            ``(1) public health surveillance and epidemiological 
        activities relating to the prevalence of obesity and assessment 
        of disparities in obesity prevention, diagnosis, management, 
        and care; and
            ``(2) public information and education programs.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2005 through 2009.''.

SEC. 8. STATE OBESITY PREVENTION AND CONTROL ACTIVITIES.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.), as amended by section 7, is further amended by adding at 
the end the following:

``SEC. 399S. COMPREHENSIVE OBESITY PREVENTION ACTION GRANTS.

    ``(a) In General.--The Secretary shall award grants on a 
competitive basis to eligible entities to enable such eligible entities 
to assist in the implementation of a national strategy for obesity 
prevention and control.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be a national public or private nonprofit entity; and
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such agreements, assurances, and 
        information as the Secretary may require, including a 
        description of how funds received under a grant awarded under 
        this section will--
                    ``(A) supplement or fulfill unmet needs identified 
                in the comprehensive obesity prevention and control 
                plan of a State or Indian tribe; and
                    ``(B) otherwise help achieve the goals of an 
                obesity prevention strategic plan designated by the 
                Secretary.
    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to eligible entities submitting 
applications proposing to carry out programs for preventing and 
controlling obesity in at-risk populations or reducing disparities in 
underserved populations.
    ``(d) Use of Funds.--An eligible entity shall use amounts received 
under a grant awarded under subsection (a) for 1 or more of the 
following purposes:
            ``(1) To expand the availability of physical activity 
        programs designed specifically for people with obesity.
            ``(2) To provide awareness education to patients, family 
        members, and health care providers, to help such individuals 
        recognize risk factors for obesity, and to address the control 
        and prevention of obesity.
            ``(3) To decrease the long-term consequences of obesity by 
        making information available to individuals with regard to 
        obesity prevention.
            ``(4) To provide information on nutrition education 
        programs with regard to preventing or mitigating the impact of 
        obesity.
    ``(e) Evaluation.--An eligible entity that receives a grant under 
this section shall submit to the Secretary an evaluation of the 
operations and activities carried out under such grant that includes an 
analysis of increased utilization and benefit of public health programs 
relevant to the activities described in subsection (d).
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2005 through 2009.''.
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