I 111th CONGRESS 1st Session H. R. 3144 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.

1.

Short title

This Act may be cited as the Healthy Communities Act of 2009.

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.

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:

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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