[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6461 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6461

                     To prevent childhood obesity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2012

  Ms. Fudge introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
                     To prevent childhood obesity.

    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 ``Measures to Prevent Childhood 
Obesity Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Obesity is related to more than 30 chronic conditions, 
        including diabetes, cancer, cardiovascular disease, and 
        arthritis.
            (2) Obesity has become a major health concern for millions 
        of Americans, as 1 in 3 adults and nearly 1 in 5 children have 
        obesity, according to the Centers for Disease Control and 
        Prevention.
            (3) Left unchecked, nearly 50 percent of Americans will be 
        obese by 2030, according to a recent study.
            (4) Rates of obesity among children and adolescents have 
        nearly tripled since 1980, according to the Centers for Disease 
        Control and Prevention.
            (5) The Centers for Disease Control and Prevention 
        estimates that more than 75 percent of health care costs are 
        due to chronic conditions.
            (6) A recent study conducted by researchers at Cornell 
        University and Lehigh University concluded that obesity 
        accounts for nearly 21 percent of health care costs in America.
            (7) Direct medical spending on obesity could exceed 
        $300,000,000,000 annually by 2018, according to an analysis 
        conducted by McKinsey and Company.
            (8) Obesity has become a threat to national security and is 
        the leading medical reason for applicants failing to qualify 
        for military service, according to a report issued by 
        Mission:Readiness.
            (9) A report issued by the Trust for America's Health 
        concludes that reducing the average body mass index by 5 
        percent in the United States could lead to more than 
        $29,000,000,000 in health care savings in five years.
            (10) Studies show that an overweight or obese child or 
        adolescent is significantly more likely to have obesity as an 
        adult.
            (11) Tracking, measuring, and monitoring body mass index 
        for children is vital in facilitating a lifetime of healthy 
        behaviors.
            (12) Body mass index should be considered as a vital sign.

SEC. 3. MEASURES TO PREVENT CHILDHOOD OBESITY ACT.

    (a) Reporting of Body Mass Index Information Requirement for 
Children.--
            (1) In general.--Subsection (a) of section 2125 of the 
        Public Health Service Act (42 U.S.C. 300aa-25) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period and adding ``, and'' at 
                the end of paragraph (4); and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) the age, gender, height, and weight of each person 
        vaccinated to calculate the body mass index of such person.''.
            (2) Reporting.--Subsection (b) of such section is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``and'' at the end of 
                        subparagraph (B);
                            (ii) by redesignating subparagraph (C) as 
                        subparagraph (D); and
                            (iii) by inserting after subparagraph (B) 
                        the following new subparagraph:
                    ``(C) the information recorded under subsection 
                (a)(5), and''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(4) Each health provider shall also report to the 
        relevant department of the State in which such health care 
        provider practices the data collected under subsection 
        (a)(5).''.
    (b) Grants for Body Mass Index Data Analysis.--
            (1) Establishment.--The Secretary of Health and Human 
        Services (in this subsection referred to as the ``Secretary'') 
        may make grants to not more than 20 eligible entities to 
        analyze body mass index (in this section referred to as 
        ``BMI'') measurements of children, ages 2 through 18.
            (2) Eligibility.--An eligible entity for purposes of this 
        section is a State (including the District of Columbia, the 
        Commonwealth of Puerto Rico, and each territory of the United 
        States) that has a statewide immunization information system 
        that--
                    (A) has the capacity to store basic demographic 
                information (including date of birth, gender, and 
                geographic area of residence), height, weight, and 
                immunization data for each resident of the State;
                    (B) is accessible to doctors, nurses, other 
                licensed health care professionals, and officials of 
                the relevant department in the State charged with 
                maintaining health and immunization records; and
                    (C) has the capacity to integrate large amounts of 
                data for the analysis of BMI measurements.
            (3) Use of funds.--A State that receives a grant under this 
        section shall use the grant for the following purposes:
                    (A) Analyzing the effectiveness of obesity 
                prevention programs and wellness policies carried out 
                in the State.
                    (B) Purchasing new computers, computer equipment, 
                and software to upgrade computers to be used for a 
                statewide immunization information system.
                    (C) The hiring and employment of personnel to 
                maintain and analyze BMI data.
                    (D) The development and implementation of training 
                programs for health care professionals to aid such 
                professionals in taking BMI measurements and discussing 
                such measurements with patients.
                    (E) Providing information to parents and legal 
                guardians in accordance with paragraph (5)(B).
            (4) Selection criteria.--In selecting recipients of grants 
        under this section, the Secretary shall give priority to States 
        in which a high percentage of public and private health care 
        providers submit data to a statewide immunization information 
        system that--
                    (A) contains immunization data for not less than 20 
                percent of the population of such State that is under 
                the age of 18; and
                    (B) includes data collected from men and women who 
                are of a wide variety of ages and who reside in a wide 
                variety of geographic areas in a State (as determined 
                by the Secretary).
            (5) Conditions.--As a condition of receiving a grant under 
        this section, a State shall--
                    (A) ensure that BMI measurements will be recorded 
                for children ages 2 through 18--
                            (i) on an annual basis by a licensed 
                        physician, nurse, nurse practitioner, or 
                        physicians assistant during an annual physical 
                        examination, wellness visit, or similar visit 
                        with a physician; and
                            (ii) in accordance with data collection 
                        protocols published by the American Academy of 
                        Pediatrics in the 2007 Expert Committee 
                        Recommendations; and
                    (B) for each child in the State for whom such 
                measurements indicate a BMI greater than the 95th 
                percentile for such child's age and gender, provide to 
                the parents or legal guardians of such child 
                information on how to lower BMI and information on 
                State and local obesity prevention programs.
            (6) Reports.--
                    (A) Reports to the secretary.--Not later than 5 
                years after the receipt of a grant under this section, 
                the State receiving such grant shall submit to the 
                Secretary the following reports:
                            (i) A report containing an analysis of BMI 
                        data collected using the grant, including--
                                    (I) the differences in obesity 
                                trends by gender, disability, 
                                geographic area (as determined by the 
                                State), and socioeconomic status within 
                                such State; and
                                    (II) the demographic groups and 
                                geographic areas most affected by 
                                obesity within such State.
                            (ii) A report containing an analysis of the 
                        effectiveness of obesity prevention programs 
                        and State wellness policies, including--
                                    (I) an analysis of the success of 
                                such programs and policies prior to the 
                                receipt of the grant; and
                                    (II) a discussion of the means to 
                                determine the most effective strategies 
                                to combat obesity in the geographic 
                                areas identified under clause (i).
                    (B) Report to congress and certain executive 
                agencies.--Not later than 1 year after the Secretary 
                receives all the reports required pursuant to 
                subparagraph (A), the Secretary shall submit to the 
                Secretary of Education, the Secretary of Agriculture, 
                and to Congress a report that contains the following:
                            (i) An analysis of trends in childhood 
                        obesity, including how such trends vary across 
                        regions of the United States, and how such 
                        trends vary by gender and socioeconomic status.
                            (ii) A description of any programs that--
                                    (I) the Secretary has determined 
                                significantly lower childhood obesity 
                                rates for certain geographic areas in 
                                the United States, including urban, 
                                rural, and suburban areas; and
                                    (II) the Secretary recommends to be 
                                implemented by the States (including 
                                States that did not receive a grant 
                                under this section).
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary such sums as may be 
        necessary to carry out this section for each of fiscal years 
        2013 through 2018.
                                 <all>