[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 651 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 651

  To help promote the national recommendation of physical activity to 
       kids, families, and communities across the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2007

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

_______________________________________________________________________

                                 A BILL


 
  To help promote the national recommendation of physical activity to 
       kids, families, and communities across 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 ``Promoting Lifelong Active 
Communities Every Day Act'' or the ``PLAY Every Day Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to help children, families and 
communities achieve the national recommendation of 60 minutes of 
physical activity every day.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) Health care costs in the United States are rising 
        rapidly. Per capita health spending in the United States is 56 
        percent higher than the median for countries that are members 
        of the Organization for Economic Co-operation and Development.
            (2) According to the Centers for Medicare and Medicaid 
        Services, total health care spending in the United States in 
        2004 was $1,800,000,000,000 and is expected to rise to 
        $3,600,000,000,000 by 2014. Furthermore, chronic disease 
        accounts for approximately 75 percent of health care costs 
        annually.
            (3) Chief executive officers rank health care costs as 
        their number 1 economic pressure, and McKinsey and Company 
        predicts that by 2008 the health care costs of the Fortune 500 
        companies will be greater than their net profits, if current 
        trends continue.
            (4) Since the 1970s, the percentage rate of obesity has 
        more than doubled for preschool children aged 2-5 years and 
        adolescents aged 12-19 years, and it has more than tripled for 
        children aged 6-11 years.
            (5) The Institute of Medicine reported that in 2004, 
        approximately 9,000,000 children over 6 years of age were 
        obese.
            (6) The Centers for Disease Control and Prevention reported 
        in 2000 that only 8 percent of elementary schools, 6.4 percent 
        of middle and junior high schools, and 5.8 percent of senior 
        high schools offer daily physical education or its equivalent 
        for the entire school year for students in all grades of the 
        school.
            (7) The Centers for Disease Control and Prevention reported 
        in 2000 that less than 50 percent of all schools offered any 
        intramural activities or physical activity clubs for students.
            (8) A 2002 survey reported that 61.5 percent of children do 
        not participate in any organized physical activity outside of 
        school hours.
            (9) The Institute of Medicine reported in ``Preventing 
        Childhood Obesity'' (2004) that in 1969, an average of 48 
        percent of all students walked or bicycled to school. In 1999, 
        only 19 percent of children walked to or from school and 6 
        percent rode bicycles to school.
            (10) Between 1977 and 1995, trips made by walking declined 
        by 40 percent for adults while driving trips increased to 
        almost 90 percent of the total.
            (11) The Institute of Medicine reported that due to 
        vehicular traffic, high crime rates, and lack of sidewalks or 
        open spaces, children often do not have safe places to play 
        outside in many neighborhoods.
            (12) Currently, many governmental, scientific, and public 
        health agencies recommend that school-age children and 
        adolescents engage in at least 60 minutes of moderate to 
        vigorous physical activity that is developmentally appropriate 
        and enjoyable, and which involves a variety of activities, on 
        most, preferably all, days of the week.

SEC. 4. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of Health 
and Human Services.

    TITLE I--NATIONAL PROGRAM PROMOTING LIFELONG ACTIVE COMMUNITIES

SEC. 101. DEVELOPMENT OF COMMUNITY PLAY INDEX.

    (a) Community Play Index.--The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention, shall 
develop a well-validated community measurement tool, which shall be 
known as the ``Community Play Index'', that can measure the policy, 
program, or environmental barriers in communities to participating in 
physical activity. The Community Play Index shall include--
            (1) cross-cutting measurements that--
                    (A) examine barriers to physical activities across 
                multiple settings, including homes, after school and 
                child care sites, schools, the community at-large, and 
                worksites; and
                    (B) focus on the--
                            (i) availability of adequate spaces and 
                        places for physical activity;
                            (ii) availability of, and access to, 
                        quality physical activity and physical 
                        education programs; and
                            (iii) the availability of programs, 
                        activities, and leaders to educate about the 
                        importance of physical activity for the 
                        community; and
            (2) additional measurements to assist economically and 
        culturally diverse communities in examining the social 
        determinants of health.
    (b) Guidance and Training.--The Secretary shall provide guidance 
and develop training on utilizing the Community Play Index.

SEC. 102. SENSE OF THE SENATE REGARDING FUNDING.

    It is the sense of the Senate that the Secretary, acting through 
the Director of the Centers for Disease Control and Prevention, shall 
carry out this title using any additional and available funds provided 
to the Secretary for the steps to a healthier United States program 
carried out by the Centers for Disease Control and Prevention.

       TITLE II--MODEL COMMUNITIES OF PLAY IMPLEMENTATION GRANTS

SEC. 201. MODEL COMMUNITIES OF PLAY IMPLEMENTATION GRANTS.

    (a) Program Authorized.--
            (1) In general.--The Secretary, acting through the Director 
        of the Centers for Disease Control and Prevention, shall award 
        3 grants to State health departments to enable the State health 
        departments to work in partnership with eligible community-
        based coalitions to plan and implement model communities of 
        play that--
                    (A) increase the physical spaces and places 
                available for physical activity;
                    (B) increase the opportunities for children and 
                families to participate in quality play, and the number 
                of children and families participating in quality play; 
                and
                    (C) increase knowledge and awareness about the 
                importance of individuals achieving 60 minutes of 
                recommended physical activity every day.
            (2) Amount of grants.--A grant awarded under this 
        subsection shall be in the amount of $250,000. If the amounts 
        appropriated under this Act for a fiscal year are not 
        sufficient to support 3 grants at such level, the Secretary 
        shall ratably reduce the amount of all grants.
    (b) Application.--A State health department desiring a grant under 
subsection (a) shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may require.
    (c) Coordination.--In awarding grants under subsection (a), the 
Secretary shall ensure that the proposed programs assisted under each 
grant are coordinated in substance and format with programs currently 
funded through other Federal departments and agencies, including--
            (1) State-based nutrition and physical activity programs, 
        comprehensive school health education programs, and community-
        based health and wellness programs of the Centers for Disease 
        Control and Prevention;
            (2) the physical education programs under subpart 10 of 
        part D of title V of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 7261 et seq.;
            (3) the safe routes to schools program under section 1404 
        of the Safe, Accountable, Flexible, Efficient Transportation 
        Equity Act: A Legacy for Users (23 U.S.C. 402 note; 119 Stat. 
        1228); and
            (4) other health and wellness programs operating within the 
        community.
    (d) Partnership With Community Coalitions.--A State health 
department receiving a grant under subsection (a) shall use grant funds 
to carry out the activities described in subsection (e) in partnership 
with 1 or more community coalitions that meet all of the following 
requirements:
            (1) The community coalition is comprised of a 
        representative sampling of community partners, including not 
        less than half of the different types of individuals or 
        entities described in subparagraphs (A) through (O):
                    (A) A community-based organization that focuses on 
                children and youth, preventive health, physical 
                activity, or physical education.
                    (B) A local parks and recreation department.
                    (C) A local health department.
                    (D) A local educational agency, as defined in 
                section 9101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7801).
                    (E) A local city planning agency.
                    (F) A local health care provider.
                    (G) A 4-year institution of higher education, as 
                defined in section 101 of the Higher Education Act of 
                1965 (20 U.S.C. 1001).
                    (H) A tribal health facility, where applicable.
                    (I) A tribal educational agency, where applicable.
                    (J) A Federally qualified health center or rural 
                health clinic, where applicable.
                    (K) A hospital.
                    (L) A faith-based organization.
                    (M) A policymaker or elected official.
                    (N) A community planning organization.
                    (O) A business.
            (2) The community coalition completed and submitted to the 
        State health department--
                    (A) a Community Play Index developed under section 
                101 for the community that identifies the gaps and 
                barriers to physical activity in the community to 
                children and youth; and
                    (B) a community action plan describing the 
                programs, policy, and environmental change strategies 
                that will be implemented with grant funds to help 
                children and youth in the community reach the 
                recommended 60 minutes of physical activity every day.
            (3) The community coalition provided--
                    (A) documentation to the State health department on 
                the manner in which the coalition will coordinate with 
                appropriate State and local authorities, including--
                            (i) State or local health departments;
                            (ii) State educational agencies or local 
                        educational agencies, as defined in section 
                        9101 of the Elementary and Secondary Education 
                        Act of 1965 (20 U.S.C. 7801);
                            (iii) State or local parks and recreation 
                        departments or associations;
                            (iv) State or local departments of 
                        transportation or city planning;
                            (v) community foundations; and
                            (vi) any other entities determined to be 
                        appropriate by the Secretary; and
                    (B) a description of the manner in which the 
                coalition will evaluate the effectiveness of the 
                programs carried out with grant funds.
    (e) Authorized Activities.--A State health department that receives 
a grant under subsection (a) shall use funds available through the 
grant to carry out the following activities:
            (1) Train community-based coalitions on how to utilize the 
        Community Play Index to measure the program, policy, and 
        environmental barriers to promoting lifelong physical activity 
        for youth.
            (2) Work in partnership with community coalitions described 
        in subsection (d) to enable the community coalitions to carry 
        out the coalition's community action plan and promote a model 
        community of play, which may include the following:
                    (A) Enabling the maximum use of, or the creation of 
                spaces and places for, physical activity for children, 
                families, and communities before, during, and after 
                school or work, which may include increasing the number 
                of--
                            (i) programs that increase the number of 
                        safe streets and sidewalks in the community to 
                        walk and bike to school, work, or other 
                        community destinations, such as recreation 
                        sites, parks, or community centers;
                            (ii) schools, faith-based organizations, 
                        and recreational facilities serving the 
                        community that provide programming on physical 
                        activity and physical education before, during, 
                        or after school;
                            (iii) schools serving the community that 
                        provide recess, physical education, and 
                        physical activity for children and youth;
                            (iv) day care, child care, and after school 
                        care sites in the community that provide 
                        physical activity for children and youth;
                            (v) venues in the community that provide 
                        co-curricular physical activity programs, 
                        including sports fields and courts, especially 
                        venues for all-inclusive intramural programs 
                        and physical activity clubs;
                            (vi) playgrounds and activity sites in the 
                        community for young children, including sites 
                        that offer programs that provide physical 
                        activity instruction that meet the various 
                        needs and interests of all students, including 
                        those with illness, injury, and physical and 
                        developmental disabilities, as well as those 
                        that live sedentary lifestyles or with a 
                        disinterest in traditional team sports;
                            (vii) capital improvement projects that 
                        increase opportunities for physical activity in 
                        the community; and
                            (viii) networks of walking and cycling 
                        trails where trails do not exist in the 
                        community, that offer both a functional 
                        alternative to automobile travel and an 
                        opportunity for exercise, recreation, and 
                        community connectedness.
                    (B) Enhancing opportunities and access for children 
                and youth in the community to participate in quality 
                physical activity and physical education programs 
                before, during, and after school, which may include 
                increasing the number of--
                            (i) school and after school care sites in 
                        the community that implement proven health 
                        curricula, physical education (including 
                        developing innovative approaches to teaching 
                        and staffing, physical education), and physical 
                        activity programming;
                            (ii) children and youth in the community 
                        that are able to participate in physical 
                        education or activity during and after school, 
                        by ensuring that adequate equipment is 
                        available to such children and youth;
                            (iii) scholarships to low-income children 
                        and youth for physical activity programs;
                            (iv) education and training programs for 
                        education, recreation, leisure, child care, and 
                        coaching professionals regarding quality 
                        physical education and physical activity 
                        programs and policies;
                            (v) training programs to assist physicians 
                        in--
                                    (I) carefully communicating the 
                                results of body mass index (BMI) tests 
                                to parents and, in an age-appropriate 
                                manner, to the children and youth 
                                themselves;
                                    (II) providing information to 
                                families so they may make informed 
                                decisions about physical activity and 
                                nutrition; and
                                    (III) explaining the benefits 
                                associated with physical activity and 
                                the risks associated with childhood 
                                overweight and obesity;
                            (vi) assessment tools used to measure the 
                        quality of physical activity, sports, and 
                        intramural sports programs;
                            (vii) guidelines and informational 
                        materials used by teachers, parents, 
                        caregivers, and health-care professionals who 
                        are interested in promoting physical activity 
                        for infants, toddlers, and preschoolers; and
                            (viii) guidelines and informational 
                        materials used to promote physical activity 
                        with the intent of improving the current 
                        health, fitness, and wellness of preadolescent 
                        children (ages 6 through 12) as well as to 
                        promote lifelong physical activity.
                    (C) Identifying, engaging and mobilizing community 
                leaders, decision-makers, experts, and the media to 
                raise awareness and educate the public about the 
                importance of securing 60 minutes of physical activity 
                every day, which may include increasing the number of--
                            (i) school and after school care faculty 
                        and staff, including coaches, that serve as 
                        positive role models for students regarding 
                        regular physical activity;
                            (ii) businesses that serve as role models 
                        by providing physical space and incentives for 
                        employees to participate in physical activity;
                            (iii) businesses that serve as role models 
                        to communities by--
                                    (I) providing support to intramural 
                                teams, clubs, sports leagues, 
                                playgrounds, trails, biking and walking 
                                paths, and fields and venues for 
                                sports, play, and physical activity;
                                    (II) incorporating built 
                                environment strategies into new 
                                construction of facilities;
                                    (III) adopting safe routes to 
                                school programs;
                                    (IV) providing bike racks at the 
                                office; and
                                    (V) encouraging the use of the 
                                stairs;
                            (iv) insurers that provide incentives for 
                        maintaining healthy body weight, including 
                        offering screening and obesity prevention 
                        services in routine clinical practice;
                            (v) groups representing low-income 
                        individuals or individuals with disabilities, 
                        that can promote and secure safer and more 
                        accessible sites for activity;
                            (vi) consumer research-driven marketing 
                        strategies for ongoing initiatives and 
                        interventions that enhance physical activity 
                        for children and youth;
                            (vii) products and opportunities provided 
                        or offered by leisure, entertainment, and 
                        recreation industries that promote regular 
                        physical activity and reduce sedentary 
                        behaviors;
                            (viii) media advocacy training programs for 
                        public health and exercise scientists so as to 
                        empower the scientists to disseminate their 
                        knowledge to a broad audience; and
                            (ix) campaigns to foster awareness about 
                        the health benefits of regular physical 
                        activity of not less than 60 minutes a day for 
                        all children and youth.
            (3) To support the evaluation of the community action plans 
        of the community coalitions and the activities carried out 
        under this Act.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title $750,000 for fiscal year 2008.
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