[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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