[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3144 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3144
To amend the Public Health Service Act to promote obesity prevention,
including proper nutrition and exercise.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2009
Mrs. Dahlkemper introduced the following bill; which was referred to
the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to promote obesity prevention,
including proper nutrition and exercise.
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 Communities Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the National Health and Nutrition
Examination Survey (NHANES) from 2003-2006, for children aged
6-11 years and 12-19 years, the prevalence of being overweight
was 17 percent and 17.6 percent, respectively.
(2) According to the Surgeon General, overweight
adolescents have a 70 percent chance of becoming overweight or
obese adults.
(3) According to the Surgeon General, 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.
(4) According to the Surgeon General, an estimated 300,000
deaths per year may be attributable to obesity.
(5) The Centers for Disease Control and Prevention reports
that in 2000, the total cost of obesity in the United States
was estimated to be $117 billion.
(6) According to the Dietary Guidelines produced by the
Department of Agriculture, increasing consumption of fruits and
vegetables, whole grains, and calcium-rich foods, while
reducing saturated fats, trans fats, sodium, added sugars, and
excess calories and reducing obesity could dramatically improve
Americans' health and well-being.
(7) According to the Surgeon General, nearly half of young
people aged 12-21 are not vigorously active on a regular basis.
Yet, regular physical activity improves strength, builds lean
muscle, and decreases body fat.
SEC. 3. COMMUNITY OBESITY PREVENTION PROGRAM.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended--
(1) by redesignating the second and third sections 399R as
sections 399S and 399T, respectively; and
(2) by adding at the end the following:
``SEC. 399U. COMMUNITY OBESITY PREVENTION PROGRAM.
``(a) In General.--The Secretary shall make 5-year grants to
community partnerships for programs to combat obesity.
``(b) Partnership Members.--To be eligible to seek a grant under
this section, at minimum, a community partnership shall include members
representing each of the following areas:
``(1) Hospitals.
``(2) School districts.
``(3) Early childhood care providers.
``(4) Local governments.
``(5) Health insurance companies.
``(6) Pediatricians.
``(7) Other health professionals.
``(8) Local employers.
``(c) Funding Requirements.--To be eligible for funding under this
section, a program shall comply with each of the following:
``(1) Executive council.--
``(A) The program shall have an executive council
composed of one partnership member from each of the
areas listed in subsection (b).
``(B) The executive council shall be responsible
for governing, overseeing, and managing the program.
``(C) The executive council shall meet monthly to
discuss governing the program.
``(D) The executive council shall have
subcommittees composed of partnership members
representing a variety of community participants in
order to involve as many people as possible.
``(2) Steering committee.--
``(A) The program shall have a steering committee
composed of, at minimum, the following:
``(i) Local health groups who engage in
obesity-related programming.
``(ii) Local environmental groups who work
on urban planning and forming `livable
communities'.
``(iii) Local recreational facilities that
engage in obesity-related programming.
``(iv) Representatives of each of the
partnership members.
``(v) Representatives of local restaurants
or grocery stores that offer healthy food
options.
``(vi) Representatives of local farmers.
``(vii) Other groups as deemed appropriate
by the executive committee.
``(B) The steering committee shall meet at least 10
times per year and perform the following functions:
``(i) Assess the progress of the program.
``(ii) Provide recommendations to the
executive council concerning improvements to
the program.
``(3) Program components.--The program shall address all
the different components of fighting obesity and include the
following:
``(A) Physical exercise and a physical activity
environment encouraging--
``(i) daily physical activity or exercise;
and
``(ii) community events based around
physical activity or exercise.
``(B) Nutritional counseling and nutritional
environment activities including--
``(i) counseling from a registered
dietitian;
``(ii) community healthy meal and snack
ideas--
``(I) at home;
``(II) at school;
``(III) at early childhood care;
and
``(IV) at the workplace; and
``(iii) alternatives to unhealthy food
choices and availability of nutritious foods,
including evaluation of potential food
`deserts' and farmers' markets.
``(C) Education to--
``(i) provide information about the
importance of eating healthily and maintaining
a balanced diet to the community;
``(ii) provide information about the
importance of being physically fit; and
``(iii) provide strategies for addressing
varying individual capabilities to attain
physical fitness.
``(D) An evidence-based curriculum using the
National Institutes of Health's Ways to Enhance
Children's Activity and Nutrition (We Can) program and
curriculum to guide the program.
``(4) Best practices.--The program shall make use of
evidence-based practices, strategies, programs, and policies in
designing program guidelines.
``(5) Communications.--The program shall develop a
communications plan that involves the entire community,
utilizing a wide variety of resources.
``(6) Occurrence of program.--The program shall have both
in-school and workplace wellness programs to encourage
healthier behavior by all participants on a consistent basis.
``(7) Wellness coordinator.--The program shall identify a
person, to be known as the Wellness Coordinator, who will
ensure that the program is being implemented to encourage
healthy lifestyles. The Wellness Coordinator shall provide
monthly updates to the executive committee and steering
committee on the components of the program being implemented
and progress made towards meeting goals.
``(8) Assessment.--The executive committee and steering
committee shall perform an assessment of the obesity problem in
the respective community. The assessment shall include--
``(A) measurement of the extent of the problem; and
``(B) factors contributing to the problem.
``(9) Goals.--Based on the assessment pursuant to paragraph
(8), the executive committee, steering committee, and Wellness
Coordinator shall work together to lay out achievable short-
and long-term goals for reducing childhood obesity. These goals
shall include the following:
``(A) Specific percentage decrease in rates of
obese adults and children.
``(B) Specific percentage decrease in rates of
overweight adults and children.
``(C) Specific percentage increase in rates of
children attaining at least 60 minutes of physical
activity per day and adults attaining at least 30
minutes of physical activity per day.
``(D) Specific percentage increase in improved
nutrition among children and adults.
``(10) Reports.--Not later than 12 months after a program
first receives funds under this section, and annually
thereafter, the Wellness Coordinator shall submit a report to
the Secretary on the success of the program. The report shall
include measurement of the effectiveness of the program in
achieving its goals.
``(d) Prohibition Against Use of Funds for Administrative
Expenses.--
``(1) Prohibition.--The Secretary shall prohibit a
community partnership awarded a grant under this section from
using the grant to pay the administrative expenses of the
partnership's program to combat obesity.
``(2) Exceptions.--Notwithstanding paragraph (1), the
Secretary may allow such community partnership to use the
grant--
``(A) to pay the salaries and benefits of staff
responsible for implementing the program; or
``(B) to pay the costs of performing an assessment
under subsection (c)(8).
``(e) Preference.--In selecting grant recipients under this
section, the Secretary shall give preference to communities with high
levels of obesity and related chronic diseases.
``(f) Application for Assistance During Subsequent Grant Years.--To
continue receiving assistance through a grant under this section, a
community partnership shall submit a separate application to the
Secretary at the beginning of each fiscal year during the grant period.
At a minimum, an application so submitted for the second or subsequent
year of a grant shall include a description of the partnership's
progress in the following areas:
``(1) Reducing the number of people who are overweight and
obese.
``(2) Improving the number of people receiving the
recommended daily allowance of nutritional food, including
fruits and vegetables.
``(3) Improving the number of people devoting at least 30
minutes a day to physical activity for adults and 60 minutes a
day for children.
``(g) Funding.--
``(1) Authorization of appropriations.--To carry out this
section, there are authorized to be appropriated $10,000,000
for fiscal year 2010 and such sums as may be necessary for
fiscal years 2011 to 2015.
``(2) Maximum amount of grant for first year.--For the
first year of a grant to a community partnership under this
section, the Secretary may award not more than $100,000.
``(3) Matching funds.--With respect to the costs of a
program to combat obesity to be funded under this section, the
Secretary may make a grant to a community partnership only if
the partnership agrees to make available non-Federal
contributions toward such costs in an amount that is not less
than $1 for every $4 of Federal funds provided pursuant to this
section.''.
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