[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5952 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5952

To increase access to and consumption of fresh fruits, vegetables, and 
healthy alternatives in low-income communities with high incidences of 
                  obesity and obesity-related disease.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2006

  Ms. Velazquez (for herself, Mr. Owens, Mr. Serrano, Mr. Rangel, Mr. 
 Lipinski, and Ms. Bordallo) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
the Committees on Small Business and Ways and Means, 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 increase access to and consumption of fresh fruits, vegetables, and 
healthy alternatives in low-income communities with high incidences of 
                  obesity and obesity-related disease.

    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 ``Bodegas as Catalysts for Healthy 
Living Act''.

SEC. 2. GRANTS FOR SMALL BUSINESSES AND CONSUMER EDUCATION AND 
              OUTREACH.

    (a) Program Required.--The Administrator of the Small Business 
Administration shall carry out a program under which the Administrator 
makes grants to any of the following:
            (1) A locally-based organization that represents small 
        business concerns.
            (2) A local redevelopment agency that is chartered, 
        established, or otherwise sanctioned by a State or local 
        government.
    (b) Use of Grant Amounts.--The recipient of a grant under this 
section shall use the grant amounts for one or more of the following 
activities:
            (1) To provide, to independently owned and operated small 
        business concerns, such as bodegas and corner stores, 
        assistance (such as assistance in purchasing appropriate 
        equipment, or assistance in hiring and training personnel) in 
        expanding their inventory to include one or more of the 
        following products:
                    (A) Fresh fruits and vegetables.
                    (B) Healthy alternatives (as defined by the 
                Department of Agriculture) such as whole milk 
                alternatives, pure fruit juices, and products with 0 
                grams of transfat).
            (2) To provide, to community-based organizations, such as 
        community health centers, assistance in carrying out consumer 
        education and outreach activities to encourage the purchase of 
        such products, such as by informing communities about the 
        health risks associated with high-calorie, low-exercise 
        lifestyles and the benefits of healthy living.
    (c) Collaboration Required.--A small business concern may receive 
assistance in expanding inventory under subsection (b)(1) only if the 
small business concern works in collaboration with one or more 
community-based organizations in expanding that inventory. A community-
based organization may receive assistance in carrying out activities 
under subsection (b)(2) only if the community-based organization works 
in collaboration with one or more small business concerns in carrying 
out those activities.
    (d) Maximum Grant.--A grant under this section may not exceed 
$100,000.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 2007.

SEC. 3. COVERAGE OF ADDITIONAL PRIMARY CARE AND PREVENTIVE SERVICES 
              UNDER THE MEDICARE AND MEDICAID PROGRAMS.

    (a) Medicare Program.--
            (1) In general.--Section 1861 of the Social Security Act 
        (42 U.S.C. 1395x) is amended--
                    (A) in subsection (s)(2), by adding at the end the 
                following new subparagraph:
                    ``(BB) additional primary and preventive services 
                described in subsection (ccc);''; and
                    (B) by adding at the end the following new 
                subsection:

              ``Additional Primary and Preventive Services

    ``(ccc) The term `additional primary and preventive services' means 
such primary and preventive services that are not otherwise covered 
under this title as the Secretary shall specify when provided by 
qualified providers, as specified by the Secretary. Such term includes 
the following:
            ``(1) Services for the prevention and treatment of obesity 
        and obesity-related disease.
            ``(2) Supervised exercise sessions.
            ``(3) Exercise stress testing for the purpose of exercise 
        prescriptions.
            ``(4) Lifestyle modification education.
            ``(5) Culinary arts education for the purpose of promoting 
        proper nutrition.''.
            (2) Conforming amendments.--(A) Section 1862(a)(1) of such 
        Act (42 U.S.C. 1395y(a)(1)) is amended--
                    (i) by striking ``and'' at the end of subparagraph 
                (M);
                    (ii) by adding ``and'' at the end of subparagraph 
                (N); and
                    (iii) by adding at the end the following new 
                subparagraph:
                    ``(O) in the case of additional primary care and 
                preventive services, which are performed more 
                frequently than the Secretary may specify;''.
            (B) Section 1833(b)(5) of such Act (42 U.S.C. 1395l(b)(5)) 
        is amended by inserting ``or additional primary care or 
        preventive services (as defined in section 1861(ccc))'' after 
        ``(jj))''.
    (b) Medicaid Program.--Section 1905(a) of the Social Security Act 
(42 U.S.C. 1396d(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (27);
            (2) by redesignating paragraph (28) as paragraph (29); and
            (3) by inserting after paragraph (27) the following new 
        paragraph:
            ``(28) additional primary care and preventive services (as 
        defined in section 1861(ccc)) which are not otherwise covered 
        under this subsection; and''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first calendar quarter beginning after 
the date of the enactment of this Act, with regard to whether 
regulations to implement such amendments are in effect as of such date.
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