[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2240 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2240

To provide assistance for the development of indoor disease prevention 
 and health promotion centers in urban and rural areas throughout the 
                             United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2005

 Mr. Sanders (for himself, Mr. Kucinich, Ms. Corrine Brown of Florida, 
     Mr. Owens, Mrs. Christensen, Mr. Payne, Mr. McGovern, and Mr. 
 Abercrombie) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
Education and the Workforce, 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 provide assistance for the development of indoor disease prevention 
 and health promotion centers in urban and rural areas throughout the 
                             United States.

    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 ``Urban and Rural Disease Prevention 
and Health Promotion Act of 2005''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) in 1999, 61 percent of adults in the United States were 
        overweight or obese;
            (2) all age, racial, and ethnic groups, and both genders, 
        have experienced increases in the percentage of persons who are 
        overweight or obese;
            (3) each year in the United States, approximately 112,000 
        deaths are associated with obesity;
            (4) overweight and obesity are associated with heart 
        disease, certain types of cancer, type 2 diabetes, stroke, 
        arthritis, breathing problems, and psychological disorders, 
        such as depression;
            (5) in 2000, the economic cost of obesity in the United 
        States was approximately $117,000,000,000;
            (6) it is recommended that American adults accumulate at 
        least 30 minutes, and American children accumulate at least 60 
        minutes, of moderate physical activity most days of the week, 
        though more may be needed to prevent weight gain, to lose 
        weight, or to maintain weight loss;
            (7) less than one-third of American adults engage in these 
        recommended amounts of physical activity;
            (8) 40 percent of adults in the United States do not 
        participate in any leisure-time physical activity;
            (9) physical activity is important in preventing and 
        treating overweight and obesity and is extremely helpful in 
        maintaining weight loss, especially when combined with healthy 
        eating;
            (10) there is a direct positive relationship between the 
        level of individual and community use of public recreational 
        facilities and services, access to and condition of such 
        facilities, and the diversity and quality of services relative 
        to current and potential uses; and
            (11) medical and other research document a direct positive 
        relationship between active recreation and disease prevention 
        and general wellness.

SEC. 3. GRANT AND LOAN PROGRAM FOR INDOOR DISEASE PREVENTION AND HEALTH 
              PROMOTION CENTERS.

    (a) Authority.--The Secretary of Housing and Urban Development may 
make grants and loans in accordance with this Act to eligible entities 
under section 4 for the development of indoor centers for disease 
prevention and health promotion.
    (b) Centers.--For purposes of this Act, the term ``indoor disease 
prevention and health promotion center'' means a structure or facility, 
or a portion thereof, that--
            (1) is used principally as an indoor recreational facility 
        providing services, programs, and activities that result in 
        disease prevention and health promotion, including direct 
        recreation services for individuals and groups, information on 
        public and personal health and wellness, health screening, and 
        other necessary services in collaboration with public and 
        private health professionals and other entities;
            (2) is owned or controlled by the eligible entity that 
        receives the grant or loan under this Act;
            (3) is available for use by, and provides services to, 
        residents of the jurisdiction of such eligible entity free of 
        charge or at a charge not exceeding that necessary to provide 
        for operation and maintenance of the facility and for 
        appropriate public recreation services; and
            (4) is subject to such legally binding and enforceable 
        commitments, as the Secretary shall require, to ensure that the 
        structure or facility, or portion thereof, is used as provided 
        in paragraph (1) for the 25-year period beginning upon the 
        receipt of a grant or loan made under this Act; except that the 
        Secretary may, upon the request of an entity that received a 
        grant or loan under this Act, waive the applicability of such 
        commitments if the Secretary finds that--
                    (A) environmental or other conditions have 
                substantially reduced the public value of the facility 
                or public access to the facility; or
                    (B) the site or facility has substantially 
                deteriorated, through no fault of the entity that 
                received the grant or loan, and such entity enters into 
                an agreement with the Secretary to obtain or provide a 
                replacement facility that generally provides access to 
                services for persons that were served at the original 
                facility.

SEC. 4. ELIGIBLE ENTITIES.

    Grants and loans under this Act may be made only to the following 
entities:
            (1) A unit of general local government.
            (2) An official State, metropolitan, regional, or other 
        area agency, district, public-purpose corporation, or other 
        limited-purpose political subdivision of a State, that is 
        empowered under State or local laws or under an interstate 
        compact or agreement to manage, administer, or provide public 
        parks and recreational facilities.
            (3) Public authorities or agencies associated with economic 
        or community development or restoration, whose activities 
        support capital investments for public recreation.

SEC. 5. ELIGIBLE USES OF ASSISTANCE.

    Amounts from a grant or loan under this Act may be used only for 
the development of indoor centers for disease prevention and health 
promotion, which shall include the following activities:
            (1) Planning.
            (2) Design.
            (3) Site acquisition, preparation, and construction.
            (4) Assessment of, and response to, site environmental 
        conditions.
            (5) Landscaping.
            (6) New construction.
            (7) Rehabilitation of existing recreational structures and 
        facilities.
            (8) Enhancement and expansion of public infrastructure.
            (9) Acquisition and conversion of existing non-recreational 
        structures and facilities.

SEC. 6. GRANT AND LOAN REQUIREMENTS.

    (a) Amount.--The Secretary may not make a grant or loan under this 
Act for any fiscal year to any eligible entity that has received a 
grant or loan during any of the preceding three fiscal years.
    (b) Loans.--Loans made with amounts made available under this Act 
shall be subject to the following requirements:
            (1) No interest loans.--Loans shall not bear interest.
            (2) Term.--Loans shall have a term to maturity not to 
        exceed 10 years.
            (3) Revolving loan fund.--Loan amounts repaid to the 
        Secretary shall be available to the Secretary, without fiscal 
        year limitation, for making additional loans under this Act.
            (4) Other conditions.--Loans shall be subject to such other 
        terms and conditions as the Secretary may establish.
    (c) Applications.--The Secretary shall provide for eligible 
entities to submit applications for grants and loans under this Act.
    (d) Selection Criteria.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary shall cause to be published in 
the Federal Register a list of criteria for the selection of applicant 
eligible entities for grants and loans under this Act. Such criteria 
shall be based upon factors that the Secretary considers are 
appropriate to determine need among communities for Federal financial 
assistance for development of indoor disease prevention and health 
promotion centers.
    (e) Review of Applications and Selection.--
            (1) Review panel.--The Secretary shall appoint a panel of 
        experts in the fields of public recreation, public health, and 
        community health care to review applications for grants and 
        loans under this Act and to make recommendations to the 
        Secretary for selection of such applications for grants and 
        loans based upon the criteria established pursuant to 
        subsection (d).
            (2) Selection.--The Secretary shall select eligible 
        entities that have submitted applications for grants and loans 
        under this Act to receive such assistance, based upon the 
        criteria established pursuant to subsection (d) and taking into 
        consideration the recommendations of the panel established 
        pursuant to paragraph (1) of this subsection.

SEC. 7. ALLOCATION OF AMOUNTS.

    (a) Regional Allocation.--Of any amounts made available for 
assistance under this Act for each fiscal year--
            (1) 50 percent shall be made available for grants and loans 
        for the development of indoor disease prevention and health 
        promotion centers that will be located in units of general 
        local government having a population of 50,000 or less; and
            (2) 50 percent shall be made available for grants and loans 
        for the development of indoor disease prevention and health 
        promotion centers that will be located in units of general 
        local government having a population of more than 50,000.
    (b) Allocation for Grants and Loans.--Of any amounts made available 
for assistance under this Act for each fiscal year, the Secretary shall 
make not more than 10 percent available for loans under this Act.

SEC. 8. MATCHING FUNDS REQUIREMENT.

    (a) In General.--The amount of a grant made under this Act by the 
Secretary to any eligible entity may not exceed the amount that the 
eligible entity certifies, as the Secretary shall require, that the 
entity will contribute from non-Federal sources for the activities 
under section 5.
    (b) Supplemental Funds.--In determining the amount contributed for 
purposes of meeting the requirement under subsection (a), an eligible 
entity may include the value of any donated material or building, the 
value of any lease on a building, and the value of any administrative 
or other costs incurred by an eligible entity relating to carrying out 
the activities assisted with amounts provided under this Act and 
amounts contributed under this section.

SEC. 9. LABOR.

    (a) In General.--Any contract for activities described in section 5 
for an indoor center for disease prevention and health promotion that 
is developed in whole or in part with amounts made available under this 
Act shall contain--
            (1) a provision requiring that not less than the wages 
        prevailing in the locality, as determined or adopted 
        (subsequent to a determination under applicable State or local 
        law) by the Secretary, shall be paid to all architects, 
        technical engineers, draftsmen, and technicians employed in the 
        development of the center involved; and
            (2) a provision requiring that not less than the wages 
        prevailing in the locality, as predetermined by the Secretary 
        of Labor pursuant to subchapter IV of chapter 31 of title 40, 
        United States Code (40 U.S.C. 3141 et seq.), shall be paid to 
        all laborers and mechanics employed in the development of the 
        center involved.
    (b) Compliance.--Each eligible entity receiving assistance under 
this Act shall require certification as to compliance with the 
provisions of this section before making any payment under such 
contract.
    (c) Inapplicability to Volunteers.--Subsection (a) shall not apply 
if the individual receives no compensation or is paid expenses, 
reasonable benefits, or a nominal fee to perform the services for which 
the individual volunteered and such persons are not otherwise employed 
at any time in the development work.

SEC. 10. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Eligible entity.--The term ``eligible entity'' means 
        any entity that, under section 4, is eligible to receive a 
        grant or loan under this Act.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (3) Unit of general local government.--The term ``unit of 
        general local government'' means any city, town, township, 
        county, parish, village, or other general purpose political 
        subdivision of a State.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary for grants 
and loans under this Act--
            (1) $100,000,000 for fiscal year 2006;
            (2) $125,000,000 for fiscal year 2007;
            (3) $150,000,000 for fiscal year 2008;
            (4) $175,000,000 for fiscal year 2009; and
            (5) $200,000,000 for fiscal year 2010.

SEC. 12. REGULATIONS.

    The Secretary may issue any regulations necessary to carry out this 
Act.
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