[Congressional Record Volume 151, Number 88 (Tuesday, June 28, 2005)]
[Senate]
[Pages S7523-S7538]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CORNYN:
S. 1318. A bill to protect States and Federal judges by clarifying
that Federal judicial immunity covers all acts undertaken by judges
pursuant to legal authority; to the Committee on the Judiciary.
Mr. CORNYN. Mr. President, I rise today to introduce important
legislation to protect State and Federal judges against civil lawsuits,
by clarifying that Federal judicial immunity covers all acts undertaken
by judges pursuant to legal authority.
To put it mildly, these are not easy days for members of the State
and Federal judiciary. I am unaware of any member of this body who has
not, at one time or another, criticized a member of the State or
Federal judiciary for issuing one ruling or another--including the
numerous controversial rulings that have captured the Nation's
attention in recent years. Indeed, in each of the two previous
Congresses, the Senate unanimously approved strongly worded resolutions
``strongly disapprov[ing]'' the infamous decision of the U.S. Court of
Appeals for the Ninth Circuit striking down the voluntary recitation of
the Pledge of Allegiance in public schools. See S. Res. 71 (108th
Cong.) and S. Res. 292 (107th Cong.).
To be sure, judges are supposed to follow and apply the law--not
legislate from the bench. On numerous occasions, I have spoken out
against instances of judicial activism. But there are appropriate and
inappropriate ways to register one's disapproval and disagreement.
The First Amendment guarantees every American the right to express
disagreement with government officials--including State and Federal
judges. There is certainly nothing inappropriate about criticizing
judicial rulings with which one sharply disagrees. But it is entirely
inappropriate to threaten the impeachment and removal of judges simply
for issuing rulings with which one disagrees. It is inappropriate to
file lawsuits against judges in the hope of pestering or bankrupting
them in retaliation for judicial actions one does not like. And it is
absolutely deplorable for any person to undertake violence, threats of
violence, or other illegal acts against judges.
As a former State trial judge and State supreme court justice of 13
years, who has a number of close personal friends who still serve on
the bench today, I am outraged by recent acts of courthouse violence. I
personally know judges and their families who have been victims of
violence. I have grieved with those families. And during the Easter
recess earlier this year, I met with an old friend, a Federal judge in
Texas, to make sure that we are doing everything that we can to protect
our judges and courthouse personnel against further acts of violence.
So I look forward to legislation that will soon be introduced to
strengthen courthouse security and to otherwise bolster protections
against violence for judges, their staff, and their families.
Today I would like to introduce legislation to protect State and
Federal judges against a different kind of threat--a lesser threat than
violence to be sure, but an important one nonetheless: the threat of
civil litigation in retaliation for unpopular judicial actions. For
centuries, our common law
[[Page S7524]]
has protected judges against civil litigation by conferring upon them
courtroom immunity. It has long been understood that judicial immunity
is an essential element of protecting judicial independence and
ensuring that judges have the ability and freedom to do their jobs. As
the Senate Judiciary Committee noted less than a decade ago: ``Even
when cases are routinely dismissed, the very process of defending
against those actions is vexatious and subjects judges to undue
expense. More importantly, the risk to judges of burdensome litigation
creates a chilling effect that threatens judicial independence and may
impair the day-to-day decisions of the judiciary in close or
controversial cases.'' Federal Courts Improvement Act of 1996--S. 1887,
S. Rep. No. 104-366 at 37 (1996).
Throughout its legal existence, judicial immunity has been for the
most part a creature of the common law. But there have been times when
Congress has seen fit to step in and to strengthen judicial immunity--
particularly when the courts have undertaken an unduly narrow view. In
1996, for example, Congress enacted the Federal Courts Improvement
Act--important legislation that included a provision reversing a U.S.
Supreme Court decision in order to expand the protections of judicial
immunity.
It is appropriate for Congress once again to consider legislation to
strengthen judicial immunity. This time, I hope Congress will respond
to a recent decision by a Federal district court in Fort Worth, TX.
That decision applied recent Supreme Court precedents in good faith,
but in a manner that leaves judges potentially exposed to vexatious
civil litigation. In Alexander v. Tarrant County, the Federal district
court held that traditional judicial immunity does not protect State
judges acting in their administrative capacities. Specifically, the
court held that State judges authorized under State law to supervise
local correctional facilities could not claim judicial immunity against
suit. As a recent news report and editorial by the San Antonio Express-
News make clear, that decision has left judges throughout the State of
Texas in a state of uncertainty and anxiety about their exposure to
lawsuits and liability. As the editorial rightly argues, the Alexander
ruling, and I quote, ``has sent shock waves through the judiciary. . .
. Judges have a tough job. They should not be burdened with defending
themselves for the administrative duties they perform.'' I ask
unanimous consent that a copy of those articles be printed in the
Record at the close of my remarks.
The legislation I introduce today is simple and straightforward. It
protects State and Federal judges against civil lawsuits, by clarifying
that Federal judicial immunity covers all acts undertaken by judges
pursuant to legal authority. Specifically, it provides that State and
Federal judges shall be immune against any Federal civil cause of
action respecting the discharge of any legislatively or
constitutionally authorized duty, except for actions involving malice.
The legislation would not preempt any judicial immunity that already
exists under current law.
This legislation was drafted with the support of two Texas State
judges--the Honorable Dean Rucker, who presides over the 318th District
Court in MidIand, and who chairs the Judicial Section of the State Bar
of Texas, and the former chairman, the Honorable Mark Atkinson of the
Harris County Criminal Court. I want to thank them both for their
service to Texas and for their help with this legislation, and I ask
unanimous consent that their letter of support be printed in the Record
at the close of my remarks. I am also grateful for the technical
assistance provided by the Administrative Office of the U.S. Courts, as
well as by the office of Texas Attorney General Greg Abbott, which has
been intimately involved in the defense State judges against vexatious
litigation. Finally, I am especially grateful for the support of the
Chief Justice of the Texas Supreme Court, Wallace Jefferson, and I ask
unanimous consent that his letter of support likewise be printed in the
Record at the close of my remarks.
I hope that legislation to protect judges against deplorable acts and
threats of violence will soon be introduced and quickly be enacted, and
I hope that the legislation I introduce today to protect judges against
vexatious litigation will likewise be considered favorably by my
colleagues.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Judges Skittish Without Immunity
(By Zeke MacCormack)
Kerrville.--Becky Harris didn't get far with her most
recent status report to the Kerr County Juvenile Board on the
detention center she manages.
After just two words, she was stopped by state District
Judge Steve Ables, who said such a briefing could leave him
and other board members ``buck naked'' and personally liable
in the event of a lawsuit.
The concern stemmed from a recent federal judge's ruling
that ``judicial immunity'' enjoyed by judges for courtroom
duties doesn't necessarily extend to administrative duties
they perform.
Judges still have qualified immunity as elected officials,
but a ruling last fall by U.S. District Judge Terry Means in
a lawsuit against 19 criminal court judges in Tarrant County
has sent a chill across the Texas bench.
``It's got judges spooked all over the state,'' Kerr County
Judge Pat Tinley, one of three judges on the juvenile board,
said last week. ``Until the Legislature reduces their
(judges') exposure, they're all going to be as jumpy as the
dickens.''
Legislation now pending in Austin offers only a partial
fix. It would bolster protections for judges acting in regard
to adult probation departments, but not on juvenile matters,
such as the aborted April 13 briefing in Kerr County.
``If we know what Becky's doing, and it turns out that
something goes south, and there's a huge incident, the fact
that we knew about it puts us maybe in a role of getting
sued,'' Ables said, according to a transcript of the meeting.
Until legislation can solidify immunity for judges, he
said, ``we're telling everybody who's dealing with any type
of administrative duty, `Stay as far away from it as you can.
Don't make any decisions.' ''
State District Judge Karl Prohl, another member of the
juvenile board, suggested Harris instead brief county
commissioners, who assumed oversight of the center Feb. 14
when the county closed on the $1.9 million purchase of it.
But, he told her, ``we can visit on an individual basis as
friends.''
Dean Rucker, a district judge in Midland who is chairman of
the State Bar of Texas judicial section board, said he's
``always had some concern about how far our judicial immunity
went,'' adding the federal ruling ``seems to indicate it has
some limits.''
The Tarrant County case stems from the 2001 pneumonia death
of Bryan Alexander, 18, of Arlington, a detainee at a 350-bed
detention center in Mansfield run by Correctional Services
Corp.
Serving a six-month sentence on a misdemeanor, Alexander
died after days of coughing up blood and seeking medical
help. A nurse at the center was convicted in 2002 of
negligent homicide for failing to give adequate care, got
four years of probation and was ordered to pay $11,000 in
restitution.
In 2003, Alexander's family won $38 million in a negligence
lawsuit in state court against the nurse and Correctional
Services. That's on appeal.
The family then filed a federal civil rights lawsuit
against all Tarrant County judges with criminal court
jurisdiction, in their individual capacity.
Last fall, Means let the lawsuit continue after denying a
motion to dismiss that was based on a claim of judicial
immunity. Means said the lawsuit's allegations are that
judges performed administrative acts that fell outside their
statutorily required duties regarding the center.
The local government code in Texas law says district judges
trying criminal cases shall create community supervision and
corrections departments and are entitled to help manage them.
``What Judge Means is saying is, `If you're going to assume
those administrative duties, act responsibly,' '' said Mark
Haney, attorney for Alexander's family.
He said the Tarrant County judges approved an inadequate
budget for the center, hired an operator for it who had
problems elsewhere, and approved a policy that said ill
detainees could not seek outside medical help until they'd
taken over-the-counter drugs for three days. ``You can't just
give out a budget and then turn a blind eye to
consequences,'' Haney said.
Assistant Attorney General David Harris, who is helping
defend the judges, said ``most judges were under the
impression, I believe, that as long they were performing
tasks assigned to them by the Legislature and making their
best efforts, they would be protected by judicial immunity.''
The judges had no direct management role in the center, he
said, and relied on the operator and staff to act
responsibly.
Harris has spoken to judges at conferences on how the case
might affect them. ``They need to be aware of the fact that
they are not always acting in a judicial capacity, even if
they think they are,'' he said.
He wouldn't comment on the deliberations of the Kerr County
Juvenile Board. ``I'm not advocating that any of them shirk
their responsibility as a judge. I want them to approach
their duties informatively, and to act discreetly and with an
eye toward liability,'' he said.
[[Page S7525]]
Harris is slated to testify Tuesday before the Senate
criminal justice committee on a bill sponsored by Sen. John
Whitmire, D-Houston.
A Whitmire aide said the bill, which passed the House last
month, clarifies that judges have judicial immunity when
forming an adult probation department, passing its budget,
naming its director and approving a community justice plan.
But it doesn't address juvenile boards that judges also
serve on, because those duties are covered by a different
statute, the aide said.
Haney said insulating judges from liability could backfire.
``If there is no accountability, then I think it invites
irresponsible behavior,'' said Haney, who expressed amazement
at the Kerr Juvenile Board discussion. ``That is just as
irresponsible as acting with deliberate indifference,'' he
said.
Some Kerr County commissioners also expressed concern about
it, with Commissioner Jonathan Letz describing the juvenile
board's posture as ``head in the sand.''
Commissioner Buster Baldwin said limited oversight by the
judges might have fostered the financial woes that left the
county with the choice of buying the insolvent juvenile
center or losing it.
Reacting later, Ables, the district judge, said the
juvenile board was more closely involved in supervising the
facility before it was sold.
``Everybody (on the board) felt we could be involved
because we had judicial immunity,'' until word of the Tarrant
County ruling circulated early this year, he said.
____
[From The San Antonio Express-News]
Extend Immunity for Judges
State lawmakers should protect judges from litigation
spawned by the administrative duties they perform off the
bench.
A federal court recently ruled that the immunity judges
have for the duties they perform in the courtroom does not
extend to their administrative actions, a decision that could
have a big impact across the state.
In many counties, district court judges who try criminal
cases are charged by state law with establishing community
supervision and corrections departments.
However, the law does not provide the judges with
protection from litigation for the decisions they make in
that capacity.
As Express-News staff writer Zeke MacCormack reported, a
federal court judge's ruling in a Tarrant County case has
sent shock waves through the judiciary.
In that case, U.S. District Judge Terry Means denied a
motion to dismiss a lawsuit filed against the 19 Tarrant
County criminal court judges by the family of a man who died
in custody.
The judges claimed judicial immunity. Means ruled they did
not possess it for administrative acts.
Legislation pending in Austin would give judges judicial
immunity when administering an adult probation department and
providing a community justice plan.
However, it doesn't address their actions as members of the
juvenile boards that oversee juvenile detention centers and
juvenile probation departments across the state.
Judges have a tough job. They should not be burdened with
defending themselves for the administrative duties they
perform.
____
Judicial Section,
State Bar of Texas,
San Antonio, Texas, June 27, 2005.
Senator John Cornyn,
U.S. Senate, Hart Office Building, Washington, DC.
Dear Senator Cornyn: On behalf of the judges of the State
of Texas, we would like to thank you for your proposed
legislation addressing the important issue of immunity for
judges in the performance of their duties.
The issue of judicial immunity for the performance of
certain administrative duties was one of the Texas
judiciary's highest legislative priorities during the recent
regular session of the legislature. Governor Perry has now
signed legislation that provides judicial immunity to Texas
judges in the oversight of their local community supervision
and corrections departments.
Your efforts to address the issue of judicial immunity at
the federal level are of the utmost importance to Texas
judges. If adopted, the legislation you have crafted will
provide comprehensive immunity for judges in the performance
of their statutorily and constitutionally authorized duties.
We extend our heartfelt appreciation for your efforts and
for your steadfast support of the judiciary.
Yours very truly,
Dean Rucker,
Chair, Judicial Section, State Bar of Texas.
Mark Atkinson,
Chair, Criminal Justice Legislative Committee Judicial
Section, State Bar of Texas.
____
The Supreme Court of Texas,
Austin, TX, June 27, 2005.
Senator John Cornyn,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Cornyn: The Supreme Court of Texas is aware
that Texas judges are concerned about a recent federal
judge's ruling that the immunity judges have traditionally
been accorded, does not necessarily extend to administrative
duties they perform. So worried are Texas judges, in fact,
that the Judicial Section of the State Bar of Texas made
judicial immunity for administrative duties one of the its
highest legislative priorities during the recent regular
session of the Texas Legislature.
As Chief Justice of The Supreme Court of Texas,
constitutionally charged with the responsibility of
overseeing the administration of justice in the State, I
share these concerns. The practical impact of limiting a
doctrine that has offered protection for well over a century
in this country--and centuries before in England--may be a
reluctance by Texas judges to discharge their administrative
duties, many of which are critical to a healthy, functioning
judicial branch.
Texas citizens will be the unwilling victims of this
reluctance. Contrary to suggestions in the media, judicial
immunity was not fashioned for the protection or benefit of
judges. Rather, the doctrine was intended to benefit the
public, who has a keen interest in a judiciary that functions
with independence and without fear of the personal
consequences of discharging their duties.
I commend the leaders within the Texas judiciary who worked
hard this session to press for legislation that protects the
independence of the judiciary, through these reform efforts
and others. I likewise applaud the Governor and our
distinguished legislators who, through the stroke of a pen
and the casting of a vote, tell Texas judges that they
support judicial independence, not only with impressive
rhetoric, but through recordable actions.
Despite these successes on the state level, more
comprehensive reform may be in order. I support your efforts
to do so at the federal level and extend my sincere
appreciation for your continued support of the judiciary.
Sincerely,
Wallace B. Jefferson,
Chief Justice.
______
By Mr. DeWINE (for himself, Mr. Biden, Mr. Santorum, Mr.
Feingold, Mr. Lugar, and Mr. Obama):
S. 1320. A bill to provide multilateral debt cancellation for Heavily
Indebted Poor Countries, and for other purposes; to the Committee on
Foreign Relations.
Mr. BIDEN. Mr. President, in our search for ways to eliminate the
crushing poverty that afflicts billions of people around the world,
experience has taught us to be humble. There is no single policy or
program that can deal with the underlying causes and symptoms of
poverty.
But as the Hippocratic Oath reminds us, in the search for cures,
``First, do no harm.''
Right now, the burden of debt owed by the poorest nations of the
world to the richest does harm not only to them, but to us.
In our new global environment, countries whose peoples live in abject
poverty are not just a moral challenge to those of us who are blessed
with affluence.
They can threaten the entire edifice of political and economic
stability.
New technologies that have brought so much good to the world have
shrunk the gaps in time and distance that once allowed us the luxury of
inattention.
Now the very symbols of the technological superiority of our age,
from the cell phone to the internet to jet airliners, have been
transformed into weapons in the hands of those who are the declared
enemies of our way of life.
They allow stateless actors to reach out from the shadows, from weak
and failed states, to attack us here at home.
Poverty-stricken states are fertile ground for drug production and
trafficking, feeding our own drug problems here.
With the scourge of AIDS and other diseases loose in the world, we
cannot afford the existence of more states that cannot feed, house,
educate, or innoculate their citizens.
For all of these reasons, we ignore the poverty that plagues other
nations at our own peril.
That is why we need the legislation I am introducing today, with
Senators DeWine, Feingold, Lugar, and Obama, the Multilateral Debt
Relief Act of 2005.
This legislation takes a first step in addressing that poverty it
relieves the poorest nations of the world, specifically those who
qualify for the Heavily Indebted Poor Country initiative of over a
billion dollars a year in debt service payments that they are obliged
to send the World Bank, the IMF, and the African Development Bank.
Since I worked with the President Clinton on the Enhanced HIPC
initiative in 1999, we have searched for a
[[Page S7526]]
workable definition of ``sustainable debt'' an amount that would not
cripple a country's ability to take care of its own citizens and
achieve economic growth.
In the end, it became clear that definition would continue to elude
us. Whatever the best use of the limited resources of the poorest
nation may be, sending checks to the multilateral banks established by
the richest nations of the world is nowhere near the top of the list.
With the strong leadership of Prime Minister Blair, who will preside
over the upcoming G8 Summit in July, we have cut the Gordian Knot of
debt owed by the poorest nations of the world.
The announcement of the G8 Finance Ministers earlier this month on
100 percent debt relief cuts through years of debate and opens the way
for a fresh start.
One hundred percent debt relief for those countries who meet the HIPC
qualifications gets that debt out of the way of the many tasks before
those countries in their search for economic growth.
None of our own foreign assistance programs will work to their best
advantage if we send that assistance into nations who will turn around
and send some of their money right back here to Washington, to the
World Bank, to the IMF.
We must remember that this is indeed only the first step on a long
path. With the funds this legislation will authorize, a burden of debt
will be lifted, but we will still need to promote health, education,
and other pillars of economic development.
We will need a more creative approach to trade with the poorest
nations, who represent no economic threat, except for the threat that
comes from their poverty itself. We have nothing to fear from a world
in which fewer people wake up hungry, sick, and uneducated.
But with as much as $40 billion in outstanding debt stock owed by 18
countries to be removed from the books right away, our efforts in those
areas have a greater chance to succeed. Up to $56 billion will be
forgiven under this plan, once all 38 eligible countries are fully
qualified.
I am pleased to note that this is a bipartisan initiative, one I
share with Senators DeWine, Feingold, Lugar, and Obama, an effort that
began with the Clinton Administration and has progressed to this
historic agreement under President Bush.
This legislation authorizes the funds needed for our share of the
debt relief. It provides for further relief for other countries as they
become eligible.
It lifts not only a debt burden from poor countries, but a moral
obligation from our shoulders.
The poverty reduction it will promote will help millions around the
globe and contribute materially to a more stable and secure world.
I urge my colleagues to join us in supporting it.
______
By Mr. SANTORUM (for himself, Mr. Crapo, Mr. Smith, and Mr.
Hagel):
S. 1321. A bill to amend the Internal Revenue Code of 1986 to repeal
the excise tax on telephone and other communications; to the Committee
on Finance.
Mr. SANTORUM. Mr. President, I rise to introduce the Telephone Excise
Tax Repeal Act of 2005, a bill that would abolish a tax that is
severely outdated.
The telephone excise tax originated on long distance service under
the Spanish American War Act of 1898. At that time, only the wealthy
had telephones, the U.S. had no income tax, and the country relied on
excise taxes to fund the war. However, you would not know the intent of
this tax by looking at your phone bill. The charge on your phone bill
doesn't say ``luxury tax'' or ``war tax.'' So why does this tax still
exist?
Although created to cover war expenses in 1898, the revenue from the
telephone excise tax goes into the general receipts of the U.S.
Treasury and is not earmarked for any particular government function or
service. From its inception, the federal telephone excise tax was
repeatedly imposed on a temporary basis. However since 1932, the tax
has continuously been imposed. This tax has been scheduled to expire--
partially or completely--at least 17 different times. In 1990, and just
before the tax was set to expire, Congress made the tax permanent at 3
percent of local and long distance services.
The Joint Committee on Taxation stated in its January 2005 report
``there is no compelling policy argument for imposing taxes on
communications services.'' The Congressional Budget Office took this a
step further by stating in February 2005 that the tax ``has harmful
effects on economic policy.''
Repeal of this tax provides consumers with two main benefits--removal
of a regressive tax and elimination of an ``invisible tax.'' First, the
tax is considered a regressive tax because lower-income individuals
spend a higher percentage of their income on the taxed item than those
with higher-incomes. A 1987 study by the CBO concluded that excise
taxes on telephone service had a greater impact on low-income families
than did excise taxes on alcoholic beverages and tobacco products.
Studies have shown that individuals and families with income less than
$10,000 spend almost 10 percent of their income on telephone bills.
Individuals and families earning $50,000 spend two percent of their
income for telephone service.
Second, repeal eliminates this ``invisible'' tax that consumers pay
through their telephone companies. Because phone companies collect the
tax from their customers, the government is spared the expense.
However, this convenience for the government makes the tax
``invisible'' to consumers by tying it to the payment of their phone
bills. Additionally, any administrative costs associated with the
collection of this tax are most likely passed forward to the consumers,
artificially raising the cost of telecommunications with no benefit
from the additional taxes.
Telephone service providers lose as well under the current tax, and
its repeal would further reduce the cost of telecommunications for
consumers. Providers carry the administrative costs of being the
government's tax collector. Additionally, while providers do not bear
this tax directly, the tax raises the cost of services for consumers
and in turn reduces both the number of subscribers and the amount of
services requested.
Common sense dictates that repeal of the telephone excise tax is long
overdue. Communication is not a luxury. Rather, communications have
become part of the basic fabric of our social and economic life. The
growth of the technologies on which communications rides and the
widespread use of communications in general should be encouraged and
not taxed. The telephone tax is a regressive, inequitable, inefficient
and unnecessary tax that Congressional policy makers have found to
serve no rational policy purpose. I strongly urge my Senate colleagues
to join me in supporting the repeal of the telephone excise tax.
______
By Mr. DURBIN (for himself, Mr. Leahy, Mr. Kennedy, and Mr.
Feingold):
S. 1322. A bill to allow for the prosecution of members of criminal
street gangs, and for other purposes; to the Committee on the
Judiciary.
Mr. DURBIN. Mr. President, today, I am joined by Senators Leahy,
Kennedy, and Feingold in introducing the American Neighborhoods Taking
the Initiative Guarding Against Neighborhood Gangs (ANTI-GANG) Act,
which is a comprehensive bill that will help State and local
prosecutors prevent, investigate, and prosecute gang crimes.
Gang violence is a serious, nationwide program. The National Youth
Gang Survey estimated that in 2002 there were 21,500 gangs comprised of
731,500 members in the United States. The FBI has noted that ``[s]treet
gangs and other loosely knit groups are responsible for a substantial
portion of the increase in violent crime in the United States.'' The
problem is clearly felt in Chicago, IL, where over 40 percent of the
homicides last year were gang-related. The Chicago Police Department is
currently tracking 68 identified gangs, with an estimated 68,000
members.
I would like to commend the State and local prosecutors and law
enforcement agencies for their work in fighting this problem. The ANTI-
GANG Act would authorize $862.5 million in grants over the next five
years to provide them with the tools they need and have
[[Page S7527]]
specifically requested of Congress to combat violent gangs.
For example, the National District Attorneys Association (NDAA) wrote
the following: ``We must find new methods of protecting those
individuals brave enough to come forward as witnesses. Our biggest
problem is getting the financial help to establish, and run, meaningful
witness protection programs.'' The National Alliance of Gang
Investigators (NAGI) also has identified a trend in witness
intimidation that is ``dramatically affecting the prosecution of
violent gang offenders.'' The ANTI-GANG Act responds by authorizing
$300 million over five years for the protection of witnesses and
victims of gang crimes. This bill also would allow the Attorney General
to provide for the relocation and protection of witnesses in state
gang, drug, and homicide cases, and it would allow States to obtain the
temporary protection of witnesses in State gang cases through the
Federal witness relocation and protection program, without any
requirement of reimbursement for those temporary services.
The ANTI-GANG Act also authorizes $250 million over five years for
grants to develop gang prevention, research, and intervention services.
However, these grants should not be limited to those areas already
identified as ``high intensity'' interstate gang activity areas. The
NAGI also has identified a trend of gangs migrating from larger cities
to smaller communities, which is fueled in large part by an increase in
gang involvement in drug trafficking. This may be related to the spread
of methamphetamine, which is the fastest-growing drug in the United
States and, according to Illinois Attorney General Lisa Madigan, the
``single-greatest threat to rural America today.'' In response to these
trends, the ANTI-GANG Act would allow rural communities and other
jurisdictions to apply for these grants, to prevent gang violence from
occurring in the first place. The ANTI-GANG Act also authorizes $262.5
million over five years for the cooperative prevention, investigation,
and prosecution of gang crimes. Most of this funding would be for
criminal street gang enforcement teams made up of local, State, and
Federal law enforcement authorities that would investigate and
prosecute criminal street gangs in high intensity interstate gang
activity areas (HIIGAAs). Importantly, this bill would allow HIIGAAs to
be integrated with High Intensity Interstate Drug Trafficking Areas
(HIIDTAs), to avoid conflicts in those areas where the two entities
would coexist.
The ANTI-GANG Act also authorizes $50 million over five years for
technology, equipment, and training to identify gang members and
violent offenders and to maintain databases to facilitate coordination
among law enforcement and prosecutors;
In addition to these new resources, the ANTI-GANG Act will
effectively strengthen the ability of prosecutors to prosecute violent
street gangs, by creating a stronger Federal criminal gang prosecution
offense. This new offense criminalizes participation in criminal street
gangs, recruitment and retention of gang members, and witness
intimidation. At the same time, it responds to concerns raised by the
NDAA regarding potential conflicts with local investigation and
prosecution efforts, by requiring certification by the Department of
Justice before any prosecution under this bill could be undertaken in
Federal court.
The ANTI-GANG Act also promotes the recruitment and retention of
highly-qualified prosecutors and public defenders by establishing a
student loan forgiveness program modeled after the current program for
Federal employees. Almost a third of prosecutors' offices across the
country have problems with recruiting or retaining staff attorneys, and
low salaries were cited as the primary reason for recruitment and
retention problems. This proposed loan forgiveness program is supported
by the American Bar Association, the NDAA, the National Association of
Prosecutor Coordinators, the National Legal Aid and Defender
Association, and the American Council of Chief Defenders.
The ANTI-GANG Act will effectively strengthen the ability of
prosecutors at the local, State, and Federal level to prosecute violent
street gangs, and it will give State and local governments the
resources they need to protect witnesses and prevent youth from joining
gangs in the first place. This bill achieves these important goals
without increasing any mandatory minimum sentences, which conservative
jurists such as Justice Anthony Kennedy have criticized as ``unfair,
unjust, unwise.'' It also does not unnecessarily expand the Federal
death penalty--a measure which has been included in other Federal gang
legislation but is opposed by the Leadership Conference on Civil
Rights, NAACP, ACLU, and National Association of Criminal Defense
Lawyers.
Finally, the Juvenile Justice and Delinquency Prevention Coalition
has raised the following concerns regarding Federal gang legislation
that would allow more juveniles to be prosecuted as adults in the
Federal system: ``[T]he fact remains that transfer of youth to the
adult system, simply put, is a failed public policy. Comprehensive
national research on the practice of prosecuting youth in the adult
system has shown conclusively that transferring youth to the adult
criminal justice system does nothing to reduce crime and actually has
the opposite effect. In fact, study after study has shown that youth
transferred to the adult criminal justice system are more likely to re-
offend and to commit more serious crimes upon release than youth who
were charged with similar offenses and had similar offense histories
but remained in the juvenile justice system. Moreover, national data
show that young people incarcerated with adults are five times as
likely to report being a victim of rape, twice as likely to be beaten
by staff and 50 percent more likely to be assaulted with a weapon than
youth held in juvenile facilities. A Justice Department report also
found that youth confined in adult facilities are nearly eight times
more likely to commit suicide than youth in juvenile facilities.''
In light of these concerns, the ANTI-GANG Act provides Congress with
the necessary data to decide whether to expand the Federal role in
prosecuting juvenile offenders, by requiring a comprehensive report on
the current treatment of juveniles by the States and the capability of
the Federal criminal justice system to take on these additional cases
and house additional prisoners. The American Bar Association has
written that this study is ``the more prudent course of action at this
time.''
The ANTI-GANG Act is a comprehensive, common-sense approach to fight
gang violence. I urge my colleagues to join me in support of this
important legislation.
I ask unanimous consent that a summary of the bill be printed in the
Record.
There being no objection, the summary was ordered to be printed in
the Record, as follows:
The American Neighborhoods Taking the Initiative--Guarding Against
Neighborhood Gangs (Anti-Gang) Act
Overview
The American Neighborhoods Taking the Initiative--Guarding
Against Neighborhood Gangs (ANTI-GANG) Act of 2005 is a
comprehensive, tailored bill that will help State and local
prosecutors prevent, investigate, and prosecute gang crimes
in their neighborhoods. This bill contains four major
provisions:
(1) It gives State and local prosecutors the tools they
need and have specifically requested of Congress to combat
violent gangs by authorizing $52.5 million for the
cooperative prevention, investigation, and prosecution of
gang crimes; $10 million for technology, equipment, and
training to identify gang members and violent offenders and
to maintain databases to facilitate coordination among law
enforcement and prosecutors; $60 million for the protection
of witnesses and victims of gang crimes; and $50 million for
grants to develop gang prevention, research, and intervention
services.
2. It replaces the current provision on criminal street
gangs in Federal law, a seldom-used penalty enhancement, with
a stronger measure that criminalizes participation in
criminal street gangs, recruitment and retention of gang
members, and witness intimidation. The ANTI-GANG Act targets
gang violence and gang crimes in a logical, straightforward
manner.
3. It will provide Congress with the necessary data to
decide whether to expand the federal role in prosecuting
juvenile offenders by requiring a comprehensive report on the
current treatment of juveniles by the States and the
capability of the Federal criminal justice system to take on
these additional cases and house additional prisoners.
4. It promotes the recruitment and retention of highly-
qualified prosecutors and public defenders by establishing a
student loan
[[Page S7528]]
forgiveness program modeled after the current program for
Federal employees.
The ANTI-GANG Act will effectively strengthen the ability
of prosecutors at the local, State, and Federal level to
prosecute violent street gangs, and it will give State and
local governments the resources they need to protect
witnesses and prevent kids from joining gangs in the first
place. This bill achieves these important goals without
increasing any mandatory minimum sentences, which
conservative jurists such as Justice Anthony Kennedy have
criticized as ``unfair, unjust, unwise''. It also respects
the traditional principles of federalism, by requiring
certification by the Department of Justice before any
prosecution under this bill may be undertaken in Federal
court and by not unnecessarily expanding the Federal death
penalty.
SECTION-BY-SECTION SUMMARY OF THE ANTI-GANG ACT
Title I--Criminal Street Gangs
Sec. 101. Criminal Street Gamgs--Definitions. Defines a
criminal gang as a preexisting and ongoing entity, e.g.
having already committed crimes; targets violent criminal
street gangs by requiring that at least one predicate gang
crime be a violent gang crime; establishes evidentiary
relevance of gang symbolism in prosecutions; and allows
Federal prosecution of neighborhood gang activity when those
activities substantially affect interstate commerce.
Sec. 102. Criminal Street Gangs--Prohibited Acts,
Penalties, and Forfeiture. Creates three new Federal crimes
to prosecute cases involving violent criminal street gangs.
1. It prohibits the recruitment and forced retention of gang
members, including harsher penalties if an adult recruits a
minor or prevents a minor from leaving a criminal street
gang. 2. It prohibits participation in a criminal street gang
if done with the intent to further criminal activities of the
gang or through the commission of a single predicate gang
crime. 3. It prohibits witness intimidation and tampering in
cases and investigations related to gang activity. Before the
Federal government may undertake a prosecution of these
offenses, the Department of Justice must certify that it has
consulted with State and local prosecutors before seeking an
indictment and that federal prosecution is ``in the public
interest and necessary to secure substantial justice.''
Sec. 103. Clerical Amendments.
Sec. 104. Conforming Amendments.
Sec. 105. Designation of and Assistance for ``High
Intensity'' Interstate Gang Activity Areas. Requires the
Attorney General, after consultation with the governors of
appropriate States, to designate certain locations as ``high
intensity'' interstate gang activity areas (HIIGAAs) and
provide assistance in the form of criminal street gang
enforcement teams made up of local, State, and Federal law
enforcement authorities to investigate and prosecute criminal
street gangs in each designated area. The ANTI-GANG bill also
allows for HIIGAAs to be integrated with High Intensity
Interstate Drug Trafficking Areas (HIIDTAs), to avoid
conflicts and bureaucratic morasses in those areas where the
two entities would coexist. Subsection (c) authorizes funding
of $40 million for each fiscal year 2006 through 2010.
Sec. 106. Gang Prevention Grants. Requires the Office of
Justice Programs of the Department of Justice to make grants
to States, units of local government, tribal governments, and
qualified private entities to develop community-based
programs that provide crime prevention, research, and
intervention services designed for gang members and at-risk
youth. Subsection (f) authorizes $50 million for each fiscal
year 2006 through 2010. No grant may exceed $1 million nor
last for any period longer than 2 years.
Sec. 107. Gang Prevention Information Grants. Requires the
Office of Justice Programs of the Department of Justice to
make grants to States, units of local government, tribal
governments to fund technology, equipment, and training for
state and local sheriffs, police agencies, and prosecutor
offices to increase accurate identification of gang members
and violent offenders and to maintain databases with such
information to facilitate coordination among law enforcement
and prosecutors. Subsection (f) authorizes $10 million for
each fiscal year 2006 through 2010. No grant may exceed $1
million nor last for any period longer than 2 years.
Sec. 108. Enhancement of Project Safe Neighborhoods
Initiative to Improve Enforcement of Criminal Laws Against
Violent Gangs. Expands the Project Safe Neighborhood program
to require United States Attorneys to identify and prosecute
significant gangs within their district; to coordinate such
prosecutions among all local, State, and Federal law
enforcement agencies; and to coordinate criminal street gang
enforcement teams in designated ``high intensity'' interstate
gang activity areas. Subsection (b) authorizes the hiring of
94 additional Assistant United States Attorneys and funding
of $7.5 million for each fiscal year 2006 through 2010 to
carry out the provisions of this section.
Sec. 109. Additional Resources Needed by the Federal Bureau
of Investigation to Investigate and Prosecute Violent
Criminal Street Gangs. Requires the Federal Bureau of
Investigation to increase funding for the Safe Streets
Program and to support the criminal street gang enforcement
teams in designated high intensity interstate gang activity
areas. Subsection (b) authorizes $5 million for each fiscal
year 2006 through 2010 to expand the FBI's Safe Streets
Program.
Sec. 110. Expansion of Federal Witness Relocation and
Protection Program. Amends 18 U.S.C. 3521(a)(1), which
governs the Federal witness relocation and protection
program, to make clear that the Attorney General can provide
for the relocation and protection of witnesses in State gang,
drug, and homicide cases. Current law authorizes Federal
relocation and protection for witnesses in State cases
involving ``an organized criminal activity or other serious
offense.''
Sec. 111. Grants to States and Local Prosecutors to Protect
Witnesses and Victims of Crime. Authorizes the Attorney
General to make grants available to State and local
prosecutors and the U.S. Attorney for the District of
Columbia for the purpose of providing short-term protection
to witnesses in cases involving an organized criminal
activity, criminal street gang, serious drug offense,
homicide, or other serious offense. State and local
prosecutors will have the option of either providing the
witness protection themselves or contracting with the United
States Marshals Service for use of the Federal witness
protection and relocation program. Subsection (d) authorizes
$60 million for each fiscal year 2006 through 2010 to fund
the program. By providing significantly increased resources
and flexibility for State and local prosecutors, this
provision responds in a meaningful way to the need for
effective witness protection emphasized by prosecutors during
the September 17, 2003, hearing in the Judiciary Committee.
Sec. 112. Witness Protection Services. Amends 18 U.S.C.
3526 to allow States to obtain the temporary protection of
witnesses in State gang cases through the Federal witness
relocation and protection program, without any requirement of
reimbursement for those temporary services. Currently,
complex reimbursement procedures deter State and local
prosecutors from obtaining witness protection services from
the Federal government in emergency circumstances.
Title II--Related Matters Involving Violent Crime Prosecution
Sec. 201. Study on Expanding Federal Authority for Juvenile
Offenders. This section requires the General Accounting
Office to do a comprehensive report on the advantages and
disadvantages of increasing Federal authority for the
prosecution of 16- and 17-year-old offenders. Some have
proposed indicting and prosecuting more juveniles in Federal
courts as a step in combating gang violence. Although there
is insufficient data to support this proposition, it is
appropriate for the GAO to review the current treatment of
such offenders by the States and the capability of the
Federal criminal justice system to take on these additional
cases and house additional prisoners. With this review,
Congress can knowledgeably consider whether to expand the
Federal role in prosecuting juveniles.
Sec. 202. Prosecutors and Defenders Incentive Act. This
section establishes a student loan repayment program for
prosecutors and public defenders that is modeled after the
program currently available to federal employees. This would
increase the ability of Federal, State, and local prosecutors
and public defenders to recruit and retain highly-qualified
attorneys. Attorneys in this program must agree to serve for
a minimum of three years. Participants can receive up to
$10,000 per year and a total of up to $60,000; these amounts
are identical to the limitations in the program for federal
employees. Subsection (h) authorizes $25 million for fiscal
year 2006 and such sums as may be necessary for each
succeeding fiscal year.
Mr. LEAHY. Mr. President, I am pleased to co-sponsor the introduction
of the ANTI-Gang Act with my good friends on the Judiciary Committee,
Senators Durbin, Kennedy and Feingold.
The American Neighborhoods Taking the Initiative-Guarding Against
Neighborhood Gangs Act of 2005 is a bill carefully crafted to target
violent criminal street gangs whose activities extend beyond the
neighborhood and have a substantial impact on Federal interests.
As a former county prosecutor, I have long expressed concern about
making Federal crimes out of every offense that comes to the attention
of Congress. I know that States have competent and able police
departments, county sheriffs' offices, prosecutors and judges. Gangs
are, more often than not, locally-based, geographically-oriented
criminal associations, and our local communities are on the front lines
of the fight against gang violence. We should be supplementing the work
of our State and local law enforcement officers, not usurping them.
This is why this bill specifically targets only those gangs where there
is a provable Federal interest. This is why this bill requires
consultation with our State and local counterparts before embarking on
a Federal prosecution of historically State crimes. And this is why
major provisions of the bill are directed toward helping State and
local law enforcement officers prevent, investigate, and prosecute gang
crimes in their own neighborhoods.
[[Page S7529]]
There are four major sections of the bill: first, the bill gives
State and local prosecutors financial resources to guard against
neighborhood gangs by authorizing $62.5 million for the cooperative
prevention, investigation, and prosecution of gang crimes; $50 million
for grants to develop gang prevention, research, and intervention
services; and $60 million for the protection of witnesses and victims
of gang crimes. Federal funds are provided for hiring new Assistant
U.S. Attorneys and to fund technology, equipment and training grants to
increase accurate identification of gang members and violent offenders
and to maintain databases with such information to facilitate state and
federal coordination.
The first defense in protecting our youth against gang influence is a
good offense. I have long thought that programs aimed at combating gang
activity must incorporate gang prevention and education--programs that
would examine why our youth choose to associate in gangs and prey on
others--to be effective. When Senator Hatch appropriately targeted gang
violence as a subject for a full Judiciary Committee hearing in 2003,
all agreed that we should be doing more to deter our youth from joining
gangs in the first place. This bill heeds that call.
Another unifying theme of the expert witnesses at the Committee's
hearing was the serious need for Federal assistance in protecting
witnesses who will provide information about and testify against gangs
from intimidation. Our bill not only provides funding to help protect
witnesses, it also makes it a Federal crime to intimidate witnesses in
certain State prosecutions involving gang activity.
Second, the bill defines a Federal criminal street gang by using
well-established legal principles and providing recognizable limits.
Rather than create yet another cumbersome and broad-reaching Federal
crime that overlaps with numerous existing Federal statutes, this bill
actually targets the problem that needs to be addressed: violent
criminal street gangs. It recognizes that gangs are ongoing entities
whose members commit crimes more easily simply because of their
association with one another. Gangs prove the old adage: there is
safety in numbers. Gang members can be sheep-like in their loyalty and
allegiance to the gang. In this regard, the bill also explicitly and
evenhandedly addresses the evidentiary significance of gang symbolism
in gang prosecutions
In addition to witness intimidation, other important crimes
established by this bill include: 1. participation in criminal street
gangs by any act that is intended to effect the criminal activities of
the gang; 2. participation by committing a crime in furtherance of or
for the benefit of the gang, and 3. recruitment and retention of gang
members. There are increased penalties for those who target minors for
recruitment in a criminal street gang.
Third, the bill requires a comprehensive report on the current
treatment of juveniles by the States, and the capability of the Federal
criminal justice system to take on these additional cases and house
additional prisoners, so that Congress can make an informed decision
about whether or not to expand the Federal role in prosecuting juvenile
offenders.
Some have suggested that the Federal Government has been unable to
proceed effectively against gang crime because of Federal law's
protections for juvenile offenders. I have not seen sufficient evidence
to support this claim, but I think that Congressional consideration of
this issue would benefit greatly from a comprehensive General
Accounting Office study on this topic. We need to know both whether
justice would be served by increasing the Federal role, and whether the
Federal system--including both our prosecutors and the Bureau of
Prisons--is prepared for such a step.
Fourth, the bill promotes the recruitment and retention of highly-
qualified State and local prosecutors and public defenders by
establishing a student loan forgiveness program modeled after the
current program for Federal employees.
We have worked very hard in crafting this legislation not to further
blur the lines between Federal and State law enforcement
responsibilities or to add more burdens to the FBI as the primary
Federal investigative agency. Federal law enforcement has been faced
with a unique challenge since the September 11 attacks. The FBI is no
longer just an enforcement agency, but also has a critical terrorism
prevention mission. This mission is a daunting one, and our Federal law
enforcement resources are not limitless. I, for one, do not want the
FBI or U.S. Attorneys to focus these limited resources on cases that
are best handled at the local level.
Combating gang violence should not be a partisan battle. The tragedy
of gang violence affects too many. No community can afford to lose a
single youth to the arms of a waiting gang. No gang should be allowed
to flourish without consequence in our communities. I urge the Senate's
support for this important bill.
Mr. KENNEDY. Mr. President, it's a privilege to join my colleagues
Senator Durbin, Senator Leahy, and Senator Feingold in introducing this
important legislation, the ANTI-GANG Act.
Gang violence is a serious problem in many communities across the
Nation, and it deserves a serious response by Congress. The keys to
success include aggressive steps to take guns out of the hands of
criminal gang members and other violent juvenile offenders, and
effective prevention programs that discourage gang membership and
provide realistic alternatives for at-risk youth.
As one example of what works, I urge my colleagues to consider the
innovative, cooperative crime-fighting strategy developed in Boston. It
engaged the entire community, including police and probation officers,
clergy and community leaders, and even gang members in a united effort
to reduce gang violence, strengthen after-school prevention programs,
and take guns out of the hands of juvenile offenders.
The project also established new and effective channels of
communication between the police and neighborhood leaders. This
strategy was very successful--juvenile homicides dropped 80 percent
from 1990 to 1995. It succeeded without prosecuting more juveniles as
adults, without housing nonviolent juvenile offenders in adult
facilities, and without spending large sums of money on new juvenile
facilities.
The Massachusetts Legislature's Joint Committee on Public Safety
issued a report last January which concluded unequivocally that
successful anti-gang programs depend on a ``wide variety of
solutions.'' Relying on recommendations by the Office of Juvenile
Justice and Delinquency Prevention, the report noted that ``preventing
youth from joining gangs is the most cost-effective long-term
strategy.'' Reflecting the input from an investigative hearing and a
working group of ten mayors in metropolitan Boston, the report
recognized that there is ``no silver bullet for combating gang
violence.''
It would be a mistake for Congress to ignore these successful efforts
to stop gang violence. Since different communities may find different
ways to combat these difficult issues, the bill does not adopt a one-
size-fits-all approach that will only make the current problem of gang
violence worse. Instead of ignoring the primary role of State and local
governments in fighting violent gang crimes in their communities, our
ANTI-GANG Act strengthens that role, by giving local law enforcement
and prosecutors the resources they need by authorizing $862 million in
grants over the next 5 years.
The provisions in the bill for witness relocation and protection are
particularly important. Our bill meets this need by authorizing $60
million in assistance. The urgency of preventing witness intimidation
in gang-related cases can not be overstated. Effective prosecution of
such violence depends upon it.
In addition, our bill amends the current law on Federal witness
relocation and protection to make clear that the Attorney General can
use these provisions to protect witnesses in State gang, drug, and
homicide cases. We also permit States to obtain the temporary
protection of witnesses in gang cases, without any requirement of
reimbursement. The current complex reimbursement procedures deter State
and local prosecutors from obtaining assistance for witness protection
from the Federal government, even in emergencies.
The ANTI-GANG Act respects the primary role of State and local
governments in fighting street crime, but it
[[Page S7530]]
also recognizes that violent gangs can have a substantial impact on
Federal interests. According to the most recent National Drug Threat
Assessment, criminal street gangs are responsible for the distribution
of much of the cocaine, methamphetamine, heroin, and other illegal
drugs being distributed in communities throughout the United States.
Such gang activity interferes with lawful commerce and undermines the
freedom and security of entire communities.
The Act strengthens the ability of prosecutors at all levels--
Federal, State and local--to prosecute violent street gangs, and it
does so without increasing mandatory minimum sentences or unnecessarily
expanding the Federal death penalty to include State murder offenses.
Finally, the Act encourages the recruitment and retention of highly-
qualified prosecutors and public defenders by establishing a student
loan forgiveness program modeled on the current program for Federal
employees. According to the National District Attorneys Association,
this provision ``would allow prosecutors to relieve the crushing burden
of student loans that now cause so many young attorneys to abandon
public service.'' The provision is also strongly supported by the
National Legal Aid and Defender Association and the American Council of
Chief Defenders.
I commend my colleagues for their leadership in developing this
important legislation to protect American communities from gang
violence without undermining fundamental principles of fairness and
Federal-State relations. I urge the Senate to adopt this approach, and
resist any suggestion that we need to federalize the State and local
juvenile justice systems in our country.
Mr. FEINGOLD. Mr. President, I am pleased to support the ANTI-GANG
Act, introduced today by the Senator from Illinois, Senator Durbin.
This critical legislation will provide State and Federal law
enforcement with the tools and resources needed to successfully fight
the expanding presence of violent gangs that bring drugs like
methamphetamine into our communities.
Time and time again, we in Congress have heard the call of
prosecutors and law enforcement for more resources to combat the
problem of gang violence. The ANTI-GANG Act gives local prosecutors and
law enforcement what they have asked Congress for most--targeted
financial assistance. The bill will help combat the growth and
proliferation of violent gangs by authorizing funds for the cooperative
prevention, investigation, and prosecution of gang crimes. In addition,
grant money will be made available for the protection of witnesses and
victims of gang violence. These funds will not be tied to restrictive
formulas that would keep the majority of the assistance from reaching
suburban and rural communities. This money will be able to go to the
communities in Wisconsin and the rest of the country where rural and
smaller law enforcement agencies are financially limited in their
ability to deal with the exploding increase in gang violence associated
with methamphetamines and other narcotics.
The ANTI-GANG Act also promotes hiring and long-term service of
highly qualified prosecutors and public defenders by establishing a
student loan forgiveness program. Prosecuting gangs is some of the most
demanding and challenging work a prosecutor will tackle. Loan
forgiveness will allow the recruitment of the very best Assistant
District Attorneys and Assistant Attorneys General and allow them to
remain in public service longer so they can use their wealth of
experience to combat gang violence.
The ANTI-GANG Act also replaces the current Federal RICO statute,
which was never intended to be used against violent street gangs, with
a tough statute that not only criminalizes participation in criminal
street gangs, but also addresses the serious problem of the recruitment
and retention of gang members. The ANTI-GANG Act targets gang violence
and gang crimes in a logical, straightforward manner. The bill also
recognizes that the vast majority of gang investigations and
prosecutions have been and will continue to be done at the State and
local level. The bill requires that Federal prosecutors consult with
State and local law enforcement and certify that a Federal prosecution
is in the public interest
Finally, the ANTI-GANG Act will provide Congress with the data
necessary to decide whether to expand the Federal role in prosecuting
juvenile offenders by requiring a comprehensive report on the current
treatment of juveniles by the States and the capability of the Federal
criminal justice system to take on more juvenile cases and to house
additional young prisoners. Some have proposed indicting and
prosecuting more juveniles in Federal courts as a way of combating gang
violence. It is very hard to know whether this will work, and what
effect if might have on the criminal justice system. With the review
required by the ANTI-GANG Act, Congress can intelligently consider
whether to expand to Federal role in prosecuting juveniles.
We all know that the gang problem is a serious one, and that it is
only getting worse. Other members of Congress have proposed different
approaches to combating the gang problem, and the House of
Representatives has passed its own gang bill. But the ANTI-GANG Act is
the approach most responsive to the needs of State and local
prosecutors who are on the ground fighting this problem, day in and
day. Other approaches go down the wrong path.
State and Federal prosecutors have not demanded unchecked and
increased Federal jurisdiction over State crimes that diminishes the
States' historic and primary role in fighting violent street gangs.
They did not come to us seeking new and expanded Federal death penalty
crimes, but rather effective laws that focus on the recruitment and
retention of gang members. They never mentioned needing a massive and
unwarranted reworking of the Federal rules used to prosecute juveniles
as adults, regardless of whether the juvenile is in a gang or not. And,
to my knowledge, no prosecutors have put increased mandatory minimums
targeted at first offenders on their wish list. All of these approaches
sound tough, but they aren't what prosecutors and law enforcement have
asked for and they won't solve the gang problem.
Our citizens should be able to send their children to school, use
their parks, and walk their streets without fearing that gang violence
will grow unfettered in their community. The ANTI-GANG Act is an
important step towards making all of our neighborhoods safe. I am proud
to cosponsor it and I urge my colleagues to support it.
______
By Mr. STEVENS (for himself and Ms. Murkowski):
S. 1323. A bill to designate the facility of the United States Postal
Service located on Lindbald Avenue, Girdwood, Alaska, as the ``Dorothy
and Connie Hibbs Post Office Building''; to the Committee on Banking,
Housing, and Urban Affairs.
Mr. STEVENS. Mr. President, Dorothy Hibbs came to Girdwood in 1952
and was its Postmaster from 1954-1976. During this time, the Post
Office was housed in a two-story hotel called The Little Dipper. Mail
came into Girdwood via train. The train would slow down and throw the
sack of mail to Dorothy who would be waiting by the tracks.
Unfortunately, this building burned down during the 1964 earthquake.
After the Post Office burned, the operation moved to Dorothy's home
until another building could be acquired.
Connie Hibbs began her love for the post office at a young age when
her mother, Dorothy, was Postmaster of Girdwood. Because of her hard
work and efforts, Connie became the Girdwood Postmaster in 1979 and
held that position until 2005.
Connie came with her mother to Girdwood in 1952 and remained for 52
years. While her mother was Postmaster, Connie helped in the Post
Office and at the age of thirteen began making money orders and sorting
mail. Girdwood and the Post Office have always been a part of Connie's
life. Connie says she loves Girdwood. It is her town. She spent the
most wonderful years of her life there as the Postmaster and a ``Post
Office Kid.''
Connie and Dorothy believe in the importance of the Postal Service
and the need to enhance the service in Girdwood. It is only appropriate
that we honor them by dedicating the Girdwood Post Office after them.
______
By Mr. FRIST (for himself and Mr. Wyden):
[[Page S7531]]
S. 1324. A bill to reduce and prevent childhood obesity by
encouraging schools and school districts to develop and implement
local, school-based programs designed to reduce and prevent childhood
obesity, promote increased physical activity, and improve nutritional
choices; to the Committee on Health, Education, Labor, and Pensions.
______
By Mr. FRIST (for himself, Mr. Bingaman, Mr. Dodd, Mrs. Clinton,
Ms. Collins, Mr. Alexander, Mr. Lugar, Ms. Murkowski, and Mr.
Stevens):
S. 1325. A bill to establish grants to provide health services for
improved nutrition, increased physical activity, obesity and eating
disorder prevention, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
Mr. FRIST. Mr. President, obesity ranks among the most serious health
problems facing America today.
Since 1970, the percentage of overweight children between 6 and 19
has quadrupled. Today, nearly one out of three children is overweight
and about one in six is obese.
Obese children develop type II diabetes at an alarming rate and they
can begin puberty as early as age seven. Over 70 percent of obese
children become overweight or obese adults. And, obesity in adults can
have catastrophic effects--including heart disease, cancer, and stroke
at very high rates. The medical profession knows this.
In the last several weeks, the American Medical Association has
issued new guidelines for fighting obesity. And earlier this week, a
group of economists reported that nearly 12 percent of all health care
spending stems from obesity.
Obesity threatens our health, it threatens our future. And
successfully addressing it requires action.
Dealing with it requires national leadership and community level
commitment.
Through continued public education campaigns, we have reduced youth
smoking. And I'm convinced we can do the same with obesity. That's why
I'm reintroducing two bills to confront the challenge.
The first is called the Childhood Obesity Reduction Act: it will give
the obesity crisis the attention it deserves. I am grateful to my
colleague Senator Wyden for his work in cosponsoring it.
The bill has two major components: first, it will establish a bi-
partisan Congressional Council on Childhood Obesity which will evaluate
plans to fight this health problem and give awards to ``Congressional
Challenge Winners.''
Second, it will establish a private, non-profit foundation to fight
obesity around the country.
The second bill, the Improved Nutrition and Physical Activity Act of
2005, or IMPACT, will provide the resources we need to fight obesity
everywhere in the country.
This bill, which Senators Bingaman, Dodd, and Clinton have joined me
in sponsoring, commits us to three policies: first, we'll train more
health professionals in the problems associated with being overweight
and ways that they can help Americans fight obesity.
Second, we will mobilize America's community organizations to fight
this problem. Through education, outreach, and intervention, schools,
non-profits, and churches will get the resource they need to fight
obesity. We will also give States more flexibility to use existing
grant programs to fight obesity.
Finally, we will redouble our efforts to collect information about
obesity's extent, consequences, costs, and the ways we can deal with
them.
Obesity stems from a combination of behavior, environment, and
genetics. We cannot and should not expect any single Federal effort to
end it. Much of the work in fighting obesity will depend on families
and communities.
And both the Childhood Obesity Reduction Act and IMPACT 2005 bill
will give this crisis the attention . . . and the resources . . . it
deserves.
I ask unanimous consent that the text of the bills be printed in the
Record.
There being no objection, the bills were ordered to be printed in the
Record, as follows:
S. 1324
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 ``Childhood Obesity Reduction
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Centers for Disease Control and
Prevention, obesity may soon overtake tobacco as the leading
preventable cause of death.
(2) In 1999, 13 percent of children aged 6 to 11 years and
14 percent of adolescents aged 12 to 19 years in the United
States were overweight. This prevalence has nearly tripled
for adolescents in the past 2 decades.
(3) Risk factors for heart disease, such as high
cholesterol and high blood pressure, occur with increased
frequency in overweight children and adolescents compared to
children with a healthy weight.
(4) Type 2 diabetes, previously considered an adult
disease, has increased dramatically in children and
adolescents. Overweight and obesity are closely linked to
type 2 diabetes.
(5) Obesity in children and adolescents is generally caused
by a lack of physical activity, unhealthy eating patterns, or
a combination of the 2, with genetics and lifestyle both
playing important roles in determining a child's weight.
(6) Overweight adolescents have a 70 percent chance of
becoming overweight or obese adults.
(7) The 2001 report ``The Surgeon General's Call to Action
to Prevent and Decrease Overweight and Obesity'' suggested
that obesity and its complications were already costing the
United States $117,000,000,000 annually.
(8) Substantial evidence shows that public health risks can
be reduced through increased public awareness and community
involvement.
(9) Congress needs to challenge students, teachers, school
administrators, and local communities to voluntarily
participate in the development and implementation of
activities to successfully reduce and prevent childhood
obesity.
TITLE I--CONGRESSIONAL COUNCIL ON CHILDHOOD OBESITY
SEC. 101. CONGRESSIONAL COUNCIL ON CHILDHOOD OBESITY.
(a) Establishment of Council.--There is established a
``Congressional Council on Childhood Obesity'' (referred to
in this title as the ``Council'').
(b) Purposes.--The purposes of the Council shall be--
(1) to encourage every elementary school and middle school
in the United States, whether public or private, to develop
and implement a plan to reduce and prevent obesity, promote
improved nutritional choices, and promote increased physical
activity among students; and
(2) to provide information as necessary to secondary
schools.
SEC. 102. MEMBERSHIP OF THE COUNCIL.
(a) Composition of the Council.--The Council shall be
composed of 8 members as follows:
(1) The majority leader of the Senate or the designee of
the majority leader of the Senate.
(2) The minority leader of the Senate or the designee of
the minority leader of the Senate.
(3) The Speaker of the House of Representatives or the
designee of the Speaker of the House of Representatives.
(4) The minority leader of the House of Representatives or
the designee of the minority leader of the House of
Representatives.
(5) 4 citizen members to be appointed in accordance with
subsection (b).
(b) Appointment of Citizen Council Members.--
(1) Method of appointment.--For the purpose of subsection
(a)(5), each of the 4 members described in paragraphs (1)
through (4) of subsection (a) shall appoint to the Council a
citizen who is an expert on children's health, nutrition, or
physical activity.
(2) Date of appointment.--The appointments made under
paragraph (1) shall be made not later than 120 days after the
date of enactment of this Act.
(c) Vacancies.--Any vacancy in the Council shall not affect
its powers, but shall be filled in the manner in which the
original appointment was made under subsection (a).
(d) Chairperson.--The members of the Council shall elect,
from among the members of the Council, a Chairperson.
(e) Initial Meeting.--The Council shall hold its first
meeting not later than 120 days after the date of enactment
of this Act.
SEC. 103. RESPONSIBILITIES OF THE COUNCIL.
(a) In General.--The Council shall engage in the following
activities:
(1) Work with outside experts to develop the Congressional
Challenge to Reduce and prevent Childhood Obesity, which
shall include the development of model plans to reduce and
prevent childhood obesity that can be adopted or adapted by
elementary schools or middle schools that participate.
(2) Develop and maintain a website that is updated not less
than once a month on best practices in the United States for
reducing and preventing childhood obesity.
(3) Assist in helping elementary schools and middle schools
in establishing goals for the healthy reduction and
prevention of childhood obesity.
(4) Consult and coordinate with the President's Council on
Physical Fitness and other Federal Government initiatives
conducting activities to reduce and prevent childhood
obesity.
[[Page S7532]]
(5) Reward elementary schools, middle schools, and local
educational agencies promoting innovative, successful
strategies in reducing and preventing childhood obesity.
(6) Provide information to secondary schools.
(b) Congressional Challenge Winners.--
(1) In general.--The Council shall--
(A) evaluate plans submitted by elementary schools, middle
schools, and local educational agencies under paragraph (2);
(B) designate the plans submitted under paragraph (2) that
meet the criteria under paragraph (3) as Congressional
Challenge winners; and
(C) post the plans of the Congressional Challenge winners
designated under subparagraph (B) on the website of the
Council as model plans for reducing and preventing childhood
obesity.
(2) Submission of plans.--Each elementary school, middle
school, or local educational agency that desires to have the
plan to reduce and prevent childhood obesity of such entity
designated as a Congressional Challenge winner shall submit
to the Council such plan at such time, in such manner, and
accompanied by such information as the Council may reasonably
require.
(3) Selection criteria.--
(A) In general.--The Council shall evaluate plans submitted
by elementary schools, middle schools, and local educational
agencies under paragraph (2) and shall designate as
Congressional Challenge winners the plans that--
(i) show promise in successfully increasing physical
activity, improving nutrition, and reducing and preventing
obesity; or
(ii) have maintained efforts in assisting children in
increasing physical activity, improving nutrition, and
reducing and preventing obesity.
(B) Criteria.--The Council shall make the determination
under subparagraph (A) based on the following criteria:
(i) Strategies based on evaluated interventions.
(ii) The number of children in the community in need of
assistance in addressing obesity and the potential impact of
the proposed plan.
(iii) The involvement in the plan of the community served
by the school or local educational agency.
(iv) Other criteria as determined by the Council.
(c) Meetings.--The Council shall hold not less than 1
meeting each year, and all meetings of the Council shall be
public meetings, preceded by a publication of notice in the
Federal Register.
SEC. 104. ADMINISTRATIVE MATTERS.
(a) Pay and Travel Expenses.--
(1) Prohibition of pay.--Members of the Council shall
receive no pay, allowances, or benefits by reason of their
service on the Council.
(2) Travel expenses.--
(A) Compensation for travel.--Each member of the Council
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Council, to
the extent funds are available under subparagraph (B) for
such expenses.
(B) Limit on travel expenses.--Travel expenses under
subparagraph (A) shall be appropriated from the amounts
appropriated to the legislative branch and shall not exceed
$1,000,000.
(b) Staff.--The Chairperson of the Council may appoint and
terminate, as may be necessary to enable the Council to
perform its duties, not more than 5 staff personnel, all of
whom shall be considered employees of the Senate.
SEC. 105. TERMINATION OF COUNCIL.
The Council shall terminate on September 30 of the second
full fiscal year following the date of enactment of this Act.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $2,200,000 for each of fiscal years 2006 and 2007.
TITLE II--NATIONAL FOUNDATION FOR THE PREVENTION AND REDUCTION OF
CHILDHOOD OBESITY
SEC. 201. ESTABLISHMENT AND DUTIES OF FOUNDATION.
(a) In General.--There shall be established in accordance
with this section a nonprofit private corporation to be known
as the National Foundation for the Prevention and Reduction
of Childhood Obesity (referred to in this title as the
``Foundation''). The Foundation shall not be an agency or
instrumentality of the Federal Government, and officers,
employees, and members of the board of the Foundation shall
not be officers or employees of the Federal Government.
(b) Purpose of Foundation.--The purpose of the Foundation
shall be to support and carry out activities for the
prevention and reduction of childhood obesity through school-
based activities.
(c) Endowment Fund.--
(1) In general.--In carrying out subsection (b), the
Foundation shall establish a fund for providing endowments
for positions that are associated with the Congressional
Council on Childhood Obesity and the Department of Health and
Human Services (referred to in this title as the
``Department'') and dedicated to the purpose described in
such subsection. Subject to subsection (g)(1)(B), the fund
shall consist of such donations as may be provided by non-
Federal entities and such non-Federal assets of the
Foundation (including earnings of the Foundation and the
fund) as the Foundation may elect to transfer to the fund.
(2) Authorized expenditures of fund.--The provision of
endowments under paragraph (1) shall be the exclusive
function of the fund established under such paragraph. Such
endowments may be expended only for the compensation of
individuals holding the positions, for staff, equipment,
quarters, travel, and other expenditures that are appropriate
in supporting the positions, and for recruiting individuals
to hold the positions endowed by the fund.
(d) Certain Activities of Foundation.--In carrying out
subsection (b), the Foundation may provide for the following
with respect to the purpose described in such subsection:
(1) Evaluate and make known the effectiveness of model
plans used by schools to reduce and prevent childhood
obesity.
(2) Create a website to assist in the distribution of
successful plans, best practices, and other information to
assist elementary schools, middle schools, and the public to
develop and implement efforts to reduce and prevent childhood
obesity.
(3) Participate in meetings, conferences, courses, and
training workshops.
(4) Assist in the distribution of data concerning childhood
obesity.
(5) Make Challenge awards, pursuant to subsection (e), to
elementary schools, middle schools, and local educational
agencies for the successful development and implementation of
school-based plans.
(6) Other activities to carry out the purpose described in
subsection (b).
(e) Challenge Awards.--
(1) Program authorized.--The Foundation may provide
Challenge awards to elementary schools, middle schools, and
local educational agencies that submit applications under
paragraph (2).
(2) Application.--Each elementary school, middle school, or
local educational agency that desires to receive a Challenge
award under this subsection shall submit an application that
includes a plan to reduce and prevent childhood obesity to
the Foundation at such time, in such manner, and accompanied
by such additional information as the Foundation may
reasonably require.
(3) Selection criteria.--In the program authorized under
paragraph (1), the Foundation shall provide Challenge awards
based on--
(A) the success of the plans of the elementary schools,
middle schools, and local educational agencies in meeting the
plans' stated goals;
(B) the number of children in the community served by the
elementary school, middle school, or local educational agency
who are in need of assistance in addressing obesity; and
(C) other criteria as determined by the Foundation.
(f) General Structure of Foundation; Nonprofit Status.--
(1) Board of directors.--The Foundation shall have a board
of directors (referred to in this title as the ``Board''),
which shall be established and conducted in accordance with
subsection (g). The Board shall establish the general
policies of the Foundation for carrying out subsection (b),
including the establishment of the bylaws of the Foundation.
(2) Executive director.--The Foundation shall have an
executive director (referred to in this title as the
``Director''), who shall be appointed by the Board, who shall
serve at the pleasure of the Board, and for whom the Board
shall establish the rate of compensation. Subject to
compliance with the policies and bylaws established by the
Board pursuant to paragraph (1), the Director shall be
responsible for the daily operations of the Foundation in
carrying out subsection (b).
(3) Nonprofit status.--In carrying out subsection (b), the
Board shall establish such policies and bylaws under
paragraph (1), and the Director shall carry out such
activities under paragraph (2), as may be necessary to ensure
that the Foundation maintains status as an organization
that--
(A) is described in subsection (c)(3) of section 501 of the
Internal Revenue Code of 1986; and
(B) is, under subsection (a) of such section, exempt from
taxation.
(g) Board of Directors.--
(1) Certain bylaws.--
(A) Inclusions.--In establishing bylaws under subsection
(f)(1), the Board shall ensure that the bylaws of the
Foundation include bylaws for the following:
(i) Policies for the selection of the officers, employees,
agents, and contractors of the Foundation.
(ii) Policies, including ethical standards, for the
acceptance and disposition of donations to the Foundation and
for the disposition of the assets of the Foundation.
(iii) Policies for the conduct of the general operations of
the Foundation.
(iv) Policies for writing, editing, printing, and
publishing of books and other materials, and the acquisition
of patents and licenses for devices and procedures developed
by the Foundation.
(B) Exclusions.--In establishing bylaws under subsection
(f)(1), the Board shall ensure that the bylaws of the
Foundation (and activities carried out under the bylaws) do
not--
(i) reflect unfavorably upon the ability of the Foundation,
or the Department, to carry out its responsibilities or
official duties in a fair and objective manner; or
[[Page S7533]]
(ii) compromise, or appear to compromise, the integrity of
any governmental program or any officer or employee involved
in such program.
(2) Composition.--
(A) In general.--Subject to subparagraph (B), the Board
shall be composed of 7 individuals, appointed in accordance
with paragraph (4), who collectively possess education or
experience appropriate for representing the fields of
children's health, nutrition, and physical fitness or
organizations active in reducing and preventing childhood
obesity. Each such individual shall be a voting member of the
Board.
(B) Greater number.--The Board may, through amendments to
the bylaws of the Foundation, provide that the number of
members of the Board shall be a greater number than the
number specified in subparagraph (A).
(3) Chairperson.--The Board shall, from among the members
of the Board, designate an individual to serve as the
Chairperson of the Board (referred to in this subsection as
the ``Chairperson'').
(4) Appointments, vacancies, and terms.--Subject to
subsection (k) (regarding the initial membership of the
Board), the following shall apply to the Board:
(A) Any vacancy in the membership of the Board shall be
filled by appointment by the Board, after consideration of
suggestions made by the Chairperson and the Director
regarding the appointments. Any such vacancy shall be filled
not later than the expiration of the 180-day period beginning
on the date on which the vacancy occurs.
(B) The term of office of each member of the Board
appointed under subparagraph (A) shall be 5 years. A member
of the Board may continue to serve after the expiration of
the term of the member until the expiration of the 180-day
period beginning on the date on which the term of the member
expires.
(C) A vacancy in the membership of the Board shall not
affect the power of the Board to carry out the duties of the
Board. If a member of the Board does not serve the full term
applicable under subparagraph (B), the individual appointed
to fill the resulting vacancy shall be appointed for the
remainder of the term of the predecessor of the individual.
(5) Compensation.--Members of the Board may not receive
compensation for service on the Board. The members may be
reimbursed for travel, subsistence, and other necessary
expenses incurred in carrying out the duties of the Board.
(h) Certain Responsibilities of Executive Director.--In
carrying out subsection (f)(2), the Director shall carry out
the following functions:
(1) Hire, promote, compensate, and discharge officers and
employees of the Foundation, and define the duties of the
officers and employees.
(2) Accept and administer donations to the Foundation, and
administer the assets of the Foundation.
(3) Establish a process for the selection of candidates for
holding endowed positions under subsection (c).
(4) Enter into such financial agreements as are appropriate
in carrying out the activities of the Foundation.
(5) Take such action as may be necessary to acquire patents
and licenses for devices and procedures developed by the
Foundation and the employees of the Foundation.
(6) Adopt, alter, and use a corporate seal, which shall be
judicially noticed.
(7) Commence and respond to judicial proceedings in the
name of the Foundation.
(8) Other functions that are appropriate in the
determination of the Director.
(i) General Provisions.--
(1) Authority for accepting funds.--The Secretary of Health
and Human Services (referred to in this title as the
``Secretary'') may accept and utilize, on behalf of the
Federal Government, any gift, donation, bequest, or devise of
real or personal property from the Foundation for the purpose
of aiding or facilitating the work of the Department. Funds
may be accepted and utilized by the Secretary under the
preceding sentence without regard to whether the funds are
designated as general-purpose funds or special-purpose funds.
(2) Authority for acceptance of voluntary services.--
(A) In general.--The Secretary may accept, on behalf of the
Federal Government, any voluntary services provided to the
Department by the Foundation for the purpose of aiding or
facilitating the work of the Department. In the case of an
individual, the Secretary may accept the services provided
under the preceding sentence by the individual for not more
than 2 years.
(B) Non-federal government employees.--The limitation
established in subparagraph (A) regarding the period of time
in which services may be accepted applies to each individual
who is not an employee of the Federal Government and who
serves in association with the Department pursuant to
financial support from the Foundation.
(3) Administrative control.--No officer, employee, or
member of the Board may exercise any administrative or
managerial control over any Federal employee.
(4) Applicability of certain standards to non-federal
employees.--In the case of any individual who is not an
employee of the Federal Government and who serves in
association with the Department pursuant to financial support
from the Foundation, the Foundation shall negotiate a
memorandum of understanding with the individual and the
Secretary specifying that the individual--
(A) shall be subject to the ethical and procedural
standards regulating Federal employment, scientific
investigation, and research findings (including publications
and patents) that are required of individuals employed by the
Department, including standards under this Act, the Ethics in
Government Act of 1978 (5 U.S.C. App.), and the Federal
Technology Transfer Act of 1986 (Public Law 9909502; 100
Stat. 1785); and
(B) shall be subject to such ethical and procedural
standards under chapter 11 of title 18, United States Code
(relating to conflicts of interest), as the Secretary
determines is appropriate, except such memorandum may not
provide that the individual shall be subject to the standards
of section 209 of such chapter.
(5) Financial conflicts of interest.--Any individual who is
an officer, employee, or member of the Board may not directly
or indirectly participate in the consideration or
determination by the Foundation of any question affecting--
(A) any direct or indirect financial interest of the
individual; or
(B) any direct or indirect financial interest of any
business organization or other entity of which the individual
is an officer or employee or in which the individual has a
direct or indirect financial interest.
(6) Audits; availability of records.--The Foundation
shall--
(A) provide for biennial audits of the financial condition
of the Foundation; and
(B) make such audits, and all other records, documents, and
other papers of the Foundation, available to the Secretary
and the Comptroller General of the United States for
examination or audit.
(7) Reports.--
(A) In general.--Not later than February 1 of each fiscal
year, the Foundation shall publish a report describing the
activities of the Foundation during the preceding fiscal
year. Each such report shall include for the fiscal year
involved a comprehensive statement of the operations,
activities, financial condition, and accomplishments of the
Foundation.
(B) Inclusions.--With respect to the financial condition of
the Foundation, each report under subparagraph (A) shall
include the source, and a description, of all gifts to the
Foundation of real or personal property, and the source and
amount of all gifts to the Foundation of money. Each such
report shall include a specification of any restrictions on
the purposes for which gifts to the Foundation may be used.
(C) Public inspection.--The Foundation shall make copies of
each report submitted under subparagraph (A) available for
public inspection, and shall upon request provide a copy of
the report to any individual for a charge not exceeding the
cost of providing the copy.
(8) Liaisons.--The Secretary shall appoint liaisons to the
Foundation from relevant Federal agencies, including the
Office of the Surgeon General and the Centers for Disease
Control and Prevention. The Secretary of Agriculture shall
designate liaisons to the Foundation as appropriate.
(9) Inclusion of the president's council.--The Foundation
shall ensure that the President's Council on Physical Fitness
is included in the activities of the Foundation.
(j) Federal Funding.--
(1) Authority for annual grants.--
(A) In general.--The Secretary shall--
(i) for fiscal year 2006, make a grant to an entity
described in subsection (k)(9) (relating to the establishment
of a committee to establish the Foundation);
(ii) for fiscal years 2007 and 2008, make a grant to the
committee established under such subsection, or if the
Foundation has been established, to the Foundation; and
(iii) for fiscal year 2009 and each subsequent fiscal year,
make a grant to the Foundation.
(B) Rules on expenditures.--A grant under subparagraph (A)
may be expended--
(i) in the case of an entity receiving the grant under
subparagraph (A)(i), only for the purpose of carrying out the
duties established in subsection (k)(9) for the entity;
(ii) in the case of the committee established under
subsection (k)(9), only for the purpose of carrying out the
duties established in subsection (k) for the committee; and
(iii) in the case of the Foundation, only for the purpose
of the administrative expenses of the Foundation.
(C) Restriction.--A grant under subparagraph (A) may not be
expended to provide amounts for the fund established under
subsection (c).
(D) Unobligated grant funds.--For the purposes described in
subparagraph (B)--
(i) any portion of the grant made under subparagraph (A)(i)
for fiscal year 2006 that remains unobligated after the
entity receiving the grant completes the duties established
in subsection (k)(9) for the entity shall be available to the
committee established under such subsection; and
(ii) any portion of a grant under subparagraph (A) made for
fiscal year 2006 or 2007 that remains unobligated after such
committee completes the duties established in such subsection
for the committee shall be available to the Foundation.
(2) Funding for grants.--
(A) In general.--For the purpose of grants under paragraph
(1), there is authorized to be appropriated $2,200,000 for
each fiscal year.
(B) Programs of the department.--For the purpose of grants
under paragraph (1),
[[Page S7534]]
the Secretary may for each fiscal year make available not
more than $2,200,000 from the amounts appropriated for the
fiscal year for the programs of the Department. Such amounts
may be made available without regard to whether amounts have
been appropriated under subparagraph (A).
(3) Certain restriction.--If the Foundation receives
Federal funds for the purpose of serving as a fiscal
intermediary between Federal agencies, the Foundation may not
receive such funds for the indirect costs of carrying out
such purpose in an amount exceeding 10 percent of the direct
costs of carrying out such purpose. The preceding sentence
may not be construed as authorizing the expenditure of any
grant under paragraph (1) for such purpose.
(k) Committee for Establishment of Foundation.--
(1) In general.--There shall be established, in accordance
with this subsection and subsection (j)(1), a committee to
carry out the functions described in paragraph (2) (referred
to in this subsection as the ``Committee'').
(2) Functions.--The functions referred to in paragraph (1)
for the Committee are as follows:
(A) To carry out such activities as may be necessary to
incorporate the Foundation under the laws of the State
involved, including serving as incorporators for the
Foundation. Such activities shall include ensuring that the
articles of incorporation for the Foundation require that the
Foundation be established and operated in accordance with the
applicable provisions of this title (or any successor to this
title), including such provisions as may be in effect
pursuant to amendments enacted after the date of enactment of
this Act.
(B) To ensure that the Foundation qualifies for and
maintains the status described in subsection (f)(3)
(regarding taxation).
(C) To establish the general policies and initial bylaws of
the Foundation, which bylaws shall include the bylaws
described in subsections (f)(3) and (g)(1).
(D) To provide for the initial operation of the Foundation,
including providing for quarters, equipment, and staff.
(E) To appoint the initial members of the Board in
accordance with the requirements established in subsection
(g)(2)(A) for the composition of the Board, and in accordance
with such other qualifications as the Committee may determine
to be appropriate regarding such composition. Of the members
so appointed--
(i) 2 shall be appointed to serve for a term of 3 years;
(ii) 2 shall be appointed to serve for a term of 4 years;
and
(iii) 3 shall be appointed to serve for a term of 5 years.
(3) Completion of functions of committee; initial meeting
of board.--
(A) Completion of functions.--The Committee shall complete
the functions required in paragraph (1) not later than
September 30, 2008. The Committee shall terminate upon the
expiration of the 30-day period beginning on the date on
which the Secretary determines that the functions have been
completed.
(B) Initial meeting.--The initial meeting of the Board
shall be held not later than November 1, 2008.
(4) Composition.--The Committee shall be composed of 5
members, each of whom shall be a voting member. Of the
members of the Committee--
(A) no fewer than 2 of the members shall have expertise in
children's health, nutrition, and physical activity; and
(B) no fewer than 2 of the members shall have broad,
general experience in nonprofit private organizations
(without regard to whether the individuals have experience in
children's health, nutrition, and physical activity).
(5) Chairperson.--The Committee shall, from among the
members of the Committee, designate an individual to serve as
the Chairperson of the Committee.
(6) Terms; vacancies.--The term of members of the Committee
shall be for the duration of the Committee. A vacancy in the
membership of the Committee shall not affect the power of the
Committee to carry out the duties of the Committee. If a
member of the Committee does not serve the full term, the
individual appointed by the Secretary to fill the resulting
vacancy shall be appointed for the remainder of the term of
the predecessor of the individual.
(7) Compensation.--Members of the Committee may not receive
compensation for service on the Committee. Members of the
Committee may be reimbursed for travel, subsistence, and
other necessary expenses incurred in carrying out the duties
of the Committee.
(8) Committee support.--The Secretary may, from amounts
available to the Secretary for the general administration of
the Department, provide staff and financial support to assist
the Committee with carrying out the functions described in
paragraph (2). In providing such staff and support, the
Director may both detail employees and contract for
assistance.
(9) Grant for establishment of committee.--
(A) In general.--With respect to a grant under paragraph
(1)(A)(i) of subsection (j) for fiscal year 2006, an entity
described in this paragraph is a private nonprofit entity
with significant experience in children's health, nutrition,
and physical activity. Not later than 180 days after the date
of enactment of this Act, the Secretary shall make the grant
to such an entity (subject to the availability of funds under
paragraph (2) of such subsection).
(B) Conditions.--The grant referred to in subparagraph (A)
may be made to an entity only if the entity agrees that--
(i) the entity will establish a committee that is composed
in accordance with paragraph (4); and
(ii) the entity will not select an individual for
membership on the Committee unless the individual agrees that
the Committee will operate in accordance with each of the
provisions of this subsection that relate to the operation of
the Committee.
(C) Agreement.--The Secretary may make a grant referred to
in subparagraph (A) only if the applicant for the grant makes
an agreement that the grant will not be expended for any
purpose other than carrying out subparagraph (B). Such a
grant may be made only if an application for the grant is
submitted to the Secretary containing such agreement, and the
application is in such form, is made in such manner, and
contains such other agreements and such assurances and
information as the Secretary determines to be necessary to
carry out this paragraph.
S. 1325
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 ``Improved Nutrition and
Physical Activity Act'' or the ``IMPACT Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In July 2004, the Secretary of Health and Human Service
recognized ``obesity is a critical public health problem in
our country'' and under the medicare program language was
removed from the coverage manual stating that obesity is not
an illness.
(2) The National Health and Nutrition Examination Survey
for 2002 found that an estimated 65 percent of adults are
overweight and 31 percent of adults are obese and 16 percent
of children and adolescents in the United States are
overweight or obese.
(3) The Institute of Medicine reported in ``Preventing
Childhood Obesity'' (2004) that approximately 60 percent of
obese children between 5 and 10 years of age have at least
one cardiovascular disease risk factor and 25 percent have
two or more such risk factors.
(4) The Institute of Medicine reports that the prevalence
of overweight and obesity is increasing among all age groups.
There is twice the number of overweight children between 2
and 5 years of age and adolescents between 12 and 19 years of
age, and 3 times the number of children between 6 and 11
years of age as there were 30 years ago.
(5) According to the 2004 Institute of Medicine report,
obesity-associated annual hospital costs for children and
youth more than tripled over 2 decades, rising from
$35,000,000 in the period 1979 through 1981 to $127,000,000
in the period 1997 through 1999.
(6) The Centers for Disease Control and Prevention reports
have estimated that as many as 365,000 deaths a year are
associated with being overweight or obese. Overweight and
obesity are associated with an increased risk for heart
disease (the leading cause of death), cancer (the second
leading cause of death), diabetes (the 6th leading cause of
death), and musculoskeletal disorders.
(7) According to the National Institute of Diabetes and
Digestive and Kidney Diseases, individuals who are obese have
a 50 to 100 percent increased risk of premature death.
(8) The Healthy People 2010 goals identify overweight and
obesity as one of the Nation's leading health problems and
include objectives for increasing the proportion of adults
who are at a healthy weight, reducing the proportion of
adults who are obese, and reducing the proportion of children
and adolescents who are overweight or obese.
(9) Another goal of Healthy People 2010 is to eliminate
health disparities among different segments of the
population. Obesity is a health problem that
disproportionally impacts medically underserved populations.
(10) The 2005 Surgeon General's report ``The Year of the
Healthy Child'' lists the treatment and prevention of obesity
as a national priority.
(11) The Institute of Medicine report ``Preventing
Childhood Obesity'' (2004) finds that ``childhood obesity is
a serious nationwide health problem requiring urgent
attention and a population-based prevention approach . . .''.
(12) The Centers for Disease Control and Prevention
estimates the annual expenditures related to overweight and
obesity in adults in the United States to be $264,000,000,000
(exceeding the cost of tobacco-related illnesses) and appears
to be rising dramatically. This cost can potentially escalate
markedly as obesity rates continue to rise and the medical
complications of obesity are emerging at even younger ages.
Therefore, the total disease burden will most likely
increase, as well as the attendant health-related costs.
(13) Weight control programs should promote a healthy
lifestyle including regular physical activity and healthy
eating, as consistently discussed and identified in a variety
of public and private consensus documents, including the 2001
U.S. Surgeon General's report ``A Call To Action'' and other
documents prepared by the Department of Health and Human
Services and other agencies.
[[Page S7535]]
(14) The Institute of Medicine reports that poor eating
habits are a risk factor for the development of eating
disorders and obesity. In 2002, more than 35,000,000
Americans experienced limited access to nutritious food on a
regular basis. The availability of high-calorie, low nutrient
foods have increased in low-income neighborhoods due to many
factors.
(15) Effective interventions for promoting healthy eating
behaviors should promote healthy lifestyle and not
inadvertently promote unhealthy weight management techniques.
(16) The National Institutes of Health reports that eating
disorders are commonly associated with substantial
psychological problems, including depression, substance
abuse, and suicide.
(17) The National Association of Anorexia Nervosa and
Associated Disorders estimates there are 8,000,000 Americans
experience eating disorders. Eating disorders of all types
are more common in women than men
(18) The health risks of Binge Eating Disorder are those
associated with obesity and include heart disease, gall
bladder disease, and diabetes.
(19) According to the National Institute of Mental Health,
Binge Eating Disorder is characterized by frequent episodes
of uncontrolled overeating, with an estimated 2 to 5 percent
of Americans experiencing this disorder in a 6-month period.
(20) Additionally, the National Institute of Mental Health
reports that Anorexia Nervosa, an eating disorder from which
0.5 to 3.7 percent of American women will suffer in their
lifetime, is associated with serious health consequences
including heart failure, kidney failure, osteoporosis, and
death. According to the National Institute of Mental Health,
Anorexia Nervosa has one of the highest mortality rates of
all psychiatric disorders, placing a young woman with
Anorexia Nervosa at 12 times the risk of death of other women
her age.
(21) In 2001, the National Institute of Mental Health
reported that 1.1 to 4.2 percent of American women will
suffer from Bulimia Nervosa in their lifetime. Bulimia
Nervosa is an eating disorder that is associated with
cardiac, gastrointestinal, and dental problems, including
irregular heartbeats, gastric ruptures, peptic ulcers, and
tooth decay.
(22) On the 2003 Youth Risk Behavior Survey, 6 percent of
high school students reported recent use of laxatives or
vomiting to control their weight.
TITLE I--TRAINING GRANTS
SEC. 101. GRANTS TO PROVIDE TRAINING FOR HEALTH PROFESSION
STUDENTS.
Section 747(c)(3) of the Public Health Service Act (42
U.S.C. 293k(c)(3)) is amended by striking ``and victims of
domestic violence'' and inserting ``victims of domestic
violence, individuals (including children) who are overweight
or obese (as such terms are defined in section 399W(j)) and
at risk for related serious and chronic medical conditions,
and individuals who suffer from eating disorders''.
SEC. 102. GRANTS TO PROVIDE TRAINING FOR HEALTH
PROFESSIONALS.
Section 399Z of the Public Health Service Act (42 U.S.C.
280h-93) is amended--
(1) in subsection (b), by striking ``2005'' and inserting
``2007'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Grants.--
``(1) In general.--The Secretary may award grants to
eligible entities to train primary care physicians and other
licensed or certified health professionals on how to
identify, treat, and prevent obesity or eating disorders and
aid individuals who are overweight, obese, or who suffer from
eating disorders.
``(2) Application.--An entity that desires a grant under
this subsection shall submit an application at such time, in
such manner, and containing such information as the Secretary
may require, including a plan for the use of funds that may
be awarded and an evaluation of the training that will be
provided.
``(3) Use of funds.--An entity that receives a grant under
this subsection shall use the funds made available through
such grant to--
``(A) use evidence-based findings or recommendations that
pertain to the prevention and treatment of obesity, being
overweight, and eating disorders to conduct educational
conferences, including Internet-based courses and
teleconferences, on--
``(i) how to treat or prevent obesity, being overweight,
and eating disorders;
``(ii) the link between obesity, being overweight, eating
disorders and related serious and chronic medical conditions;
``(iii) how to discuss varied strategies with patients from
at-risk and diverse populations to promote positive behavior
change and healthy lifestyles to avoid obesity, being
overweight, and eating disorders;
``(iv) how to identify overweight, obese, individuals with
eating disorders, and those who are at risk for obesity and
being overweight or suffer from eating disorders and,
therefore, at risk for related serious and chronic medical
conditions;
``(v) how to conduct a comprehensive assessment of
individual and familial health risk factors; and
``(B) evaluate the effectiveness of the training provided
by such entity in increasing knowledge and changing attitudes
and behaviors of trainees.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$10,000,000 for fiscal year 2006, and such sums as may be
necessary for each of fiscal years 2007 through 2010.''.
TITLE II--COMMUNITY-BASED SOLUTIONS TO INCREASE PHYSICAL ACTIVITY,
IMPROVE NUTRITION, AND PROMOTE HEALTHY EATING BEHAVIORS
SEC. 201. GRANTS TO INCREASE PHYSICAL ACTIVITY, IMPROVE
NUTRITION, AND PROMOTE HEALTHY EATING
BEHAVIORS.
Part Q of title III of the Public Health Service Act (42
U.S.C. 280h et seq.) is amended by striking section 399W and
inserting the following:
``SEC. 399W. GRANTS TO INCREASE PHYSICAL ACTIVITY, IMPROVE
NUTRITION, AND PROMOTE HEALTHY EATING
BEHAVIORS.
``(a) Establishment.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention
and in coordination with the Administrator of the Health
Resources and Services Administration, the Director of the
Indian Health Service, the Secretary of Education, the
Secretary of Agriculture, the Secretary of the Interior, the
Director of the National Institutes of Health, the Director
of the Office of Women's Health, and the heads of other
appropriate agencies, shall award competitive grants to
eligible entities to plan and implement programs that promote
healthy eating behaviors and physical activity to prevent
eating disorders, obesity, being overweight, and related
serious and chronic medical conditions. Such grants may be
awarded to target at-risk populations including youth,
adolescent girls, health disparity populations (as defined in
section 485E(d)), and the underserved.
``(2) Term.--The Secretary shall award grants under this
subsection for a period not to exceed 4 years.
``(b) Award of Grants.--An eligible entity desiring a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require, including--
``(1) a plan describing a comprehensive program of
approaches to encourage healthy eating behaviors and healthy
levels of physical activity;
``(2) the manner in which the eligible entity will
coordinate with appropriate State and local authorities,
including--
``(A) State and local educational agencies;
``(B) departments of health;
``(C) chronic disease directors;
``(D) State directors of programs under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786);
``(E) governors' councils for physical activity and good
nutrition;
``(F) State and local parks and recreation departments; and
``(G) State and local departments of transportation and
city planning; and
``(3) the manner in which the applicant will evaluate the
effectiveness of the program carried out under this section.
``(c) Coordination.--In awarding grants under this section,
the Secretary shall ensure that the proposed programs are
coordinated in substance and format with programs currently
funded through other Federal agencies and operating within
the community including the Physical Education Program (PEP)
of the Department of Education.
``(d) Eligible Entity.--In this section, the term `eligible
entity' means--
``(1) a city, county, tribe, territory, or State;
``(2) a State educational agency;
``(3) a tribal educational agency;
``(4) a local educational agency;
``(5) a federally qualified health center (as defined in
section 1861(aa)(4) of the Social Security Act (42 U.S.C.
1395x(aa)(4));
``(6) a rural health clinic;
``(7) a health department;
``(8) an Indian Health Service hospital or clinic;
``(9) an Indian tribal health facility;
``(10) an urban Indian facility;
``(11) any health provider;
``(12) an accredited university or college;
``(13) a community-based organization;
``(14) a local city planning agency; or
``(15) any other entity determined appropriate by the
Secretary.
``(e) Use of Funds.--An eligible entity that receives a
grant under this section shall use the funds made available
through the grant to--
``(1) carry out community-based activities including--
``(A) city planning, transportation initiatives, and
environmental changes that help promote physical activity,
such as increasing the use of walking or bicycling as a mode
of transportation;
``(B) forming partnerships and activities with businesses
and other entities to increase physical activity levels and
promote healthy eating behaviors at the workplace and while
traveling to and from the workplace;
``(C) forming partnerships with entities, including
schools, faith-based entities, and other facilities providing
recreational services, to establish programs that use their
facilities for after school and weekend community activities;
[[Page S7536]]
``(D) establishing incentives for retail food stores,
farmer's markets, food co-ops, grocery stores, and other
retail food outlets that offer nutritious foods to encourage
such stores and outlets to locate in economically depressed
areas;
``(E) forming partnerships with senior centers, nursing
facilities, retirement communities, and assisted living
facilities to establish programs for older people to foster
physical activity and healthy eating behaviors;
``(F) forming partnerships with daycare facilities to
establish programs that promote healthy eating behaviors and
physical activity; and
``(G) developing and evaluating community educational
activities targeting good nutrition and promoting healthy
eating behaviors;
``(2) carry out age-appropriate school-based activities
including--
``(A) developing and testing educational curricula and
intervention programs designed to promote healthy eating
behaviors and habits in youth, which may include--
``(i) after hours physical activity programs;
``(ii) increasing opportunities for students to make
informed choices regarding healthy eating behaviors; and
``(iii) science-based interventions with multiple
components to prevent eating disorders including nutritional
content, understanding and responding to hunger and satiety,
positive body image development, positive self-esteem
development, and learning life skills (such as stress
management, communication skills, problem-solving and
decisionmaking skills), as well as consideration of cultural
and developmental issues, and the role of family, school, and
community;
``(B) providing education and training to educational
professionals regarding a healthy lifestyle and a healthy
school environment;
``(C) planning and implementing a healthy lifestyle
curriculum or program with an emphasis on healthy eating
behaviors and physical activity; and
``(D) planning and implementing healthy lifestyle classes
or programs for parents or guardians, with an emphasis on
healthy eating behaviors and physical activity;
``(3) carry out activities through the local health care
delivery systems including--
``(A) promoting healthy eating behaviors and physical
activity services to treat or prevent eating disorders, being
overweight, and obesity;
``(B) providing patient education and counseling to
increase physical activity and promote healthy eating
behaviors; and
``(C) providing community education on good nutrition and
physical activity to develop a better understanding of the
relationship between diet, physical activity, and eating
disorders, obesity, or being overweight; or
``(4) other activities determined appropriate by the
Secretary (including evaluation or identification and
dissemination of outcomes and best practices).
``(f) Matching Funds.--In awarding grants under subsection
(a), the Secretary may give priority to eligible entities who
provide matching contributions. Such non-Federal
contributions may be cash or in kind, fairly evaluated,
including plant, equipment, or services.
``(g) Technical Assistance.--The Secretary may set aside an
amount not to exceed 10 percent of the total amount
appropriated for a fiscal year under subsection (k) to permit
the Director of the Centers for Disease Control and
Prevention to provide grantees with technical support in the
development, implementation, and evaluation of programs under
this section and to disseminate information about effective
strategies and interventions in preventing and treating
obesity and eating disorders through the promotion of healthy
eating behaviors and physical activity.
``(h) Limitation on Administrative Costs.--An eligible
entity awarded a grant under this section may not use more
than 10 percent of funds awarded under such grant for
administrative expenses.
``(i) Report.--Not later than 6 years after the date of
enactment of the Improved Nutrition and Physical Activity
Act, the Director of the Centers for Disease Control and
Prevention shall review the results of the grants awarded
under this section and other related research and identify
programs that have demonstrated effectiveness in promoting
healthy eating behaviors and physical activity in youth. Such
review shall include an identification of model curricula,
best practices, and lessons learned, as well as
recommendations for next steps to reduce overweight, obesity,
and eating disorders. Information derived from such review,
including model program curricula, shall be disseminated to
the public.
``(j) Definitions.--In this section:
``(1) Anorexia nervosa.--The term `Anorexia Nervosa' means
an eating disorder characterized by self-starvation and
excessive weight loss.
``(2) Binge eating disorder.--The term `binge eating
disorder' means a disorder characterized by frequent episodes
of uncontrolled eating.
``(3) Bulimia nervosa.--The term `Bulimia Nervosa' means an
eating disorder characterized by excessive food consumption,
followed by inappropriate compensatory behaviors, such as
self-induced vomiting, misuse of laxatives, fasting, or
excessive exercise.
``(4) Eating disorders.--The term `eating disorders' means
disorders of eating, including Anorexia Nervosa, Bulimia
Nervosa, and binge eating disorder.
``(5) Healthy eating behaviors.--The term `healthy eating
behaviors' means--
``(A) eating in quantities adequate to meet, but not in
excess of, daily energy needs;
``(B) choosing foods to promote health and prevent disease;
``(C) eating comfortably in social environments that
promote healthy relationships with family, peers, and
community; and
``(D) eating in a manner to acknowledge internal signals of
hunger and satiety.
``(6) Obese.--The term `obese' means an adult with a Body
Mass Index (BMI) of 30 kg/m2 or greater.
``(7) Overweight.--The term `overweight' means an adult
with a Body Mass Index (BMI) of 25 to 29.9 kg/m2 and a child
or adolescent with a BMI at or above the 95th percentile on
the revised Centers for Disease Control and Prevention growth
charts or another appropriate childhood definition, as
defined by the Secretary.
``(8) Youth.--The term `youth' means individuals not more
than 18 years old.
``(k) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$60,000,000 for fiscal year 2006 and such sums as may be
necessary for each of fiscal years 2007 through 2010. Of the
funds appropriated pursuant to this subsection, the following
amounts shall be set aside for activities related to eating
disorders:
``(1) $5,000,000 for fiscal year 2006.
``(2) $5,500,000 for fiscal year 2007.
``(3) $6,000,000 for fiscal year 2008.
``(4) $6,500,000 for fiscal year 2009.
``(5) $1,000,000 for fiscal year 2010.''.
SEC. 202. NATIONAL CENTER FOR HEALTH STATISTICS.
Section 306 of the Public Health Service Act (42 U.S.C.
242k) is amended--
(1) in subsection (m)(4)(B), by striking ``subsection (n)''
each place it appears and inserting ``subsection (o)'';
(2) by redesignating subsection (n) as subsection (o); and
(3) by inserting after subsection (m) the following:
``(n)(1) The Secretary, acting through the Center, may
provide for the--
``(A) collection of data for determining the fitness levels
and energy expenditure of children and youth; and
``(B) analysis of data collected as part of the National
Health and Nutrition Examination Survey and other data
sources.
``(2) In carrying out paragraph (1), the Secretary, acting
through the Center, may make grants to States, public
entities, and nonprofit entities.
``(3) The Secretary, acting through the Center, may provide
technical assistance, standards, and methodologies to
grantees supported by this subsection in order to maximize
the data quality and comparability with other studies.''.
SEC. 203. HEALTH DISPARITIES REPORT.
Not later than 18 months after the date of enactment of
this Act, and annually thereafter, the Director of the Agency
for Healthcare Research and Quality shall review all research
that results from the activities carried out under this Act
(and the amendments made by this Act) and determine if
particular information may be important to the report on
health disparities required by section 903(c)(3) of the
Public Health Service Act (42 U.S.C. 299a-91(c)(3)).
SEC. 204. PREVENTIVE HEALTH SERVICES BLOCK GRANT.
Section 1904(a)(1) of the Public Health Service Act (42
U.S.C. 300w-93(a)(1)) is amended by adding at the end the
following:
``(H) Activities and community education programs designed
to address and prevent overweight, obesity, and eating
disorders through effective programs to promote healthy
eating, and exercise habits and behaviors.''.
SEC. 205. REPORT ON OBESITY AND EATING DISORDERS RESEARCH.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on
research conducted on causes and health implications
(including mental health implications) of being overweight,
obesity, and eating disorders.
(b) Content.--The report described in subsection (a) shall
contain--
(1) descriptions on the status of relevant, current,
ongoing research being conducted in the Department of Health
and Human Services including research at the National
Institutes of Health, the Centers for Disease Control and
Prevention, the Agency for Healthcare Research and Quality,
the Health Resources and Services Administration, and other
offices and agencies;
(2) information about what these studies have shown
regarding the causes, prevention, and treatment of, being
overweight, obesity, and eating disorders; and
(3) recommendations on further research that is needed,
including research among diverse populations, the plan of the
Department of Health and Human Services for conducting such
research, and how current knowledge can be disseminated.
SEC. 206. REPORT ON A NATIONAL CAMPAIGN TO CHANGE CHILDREN'S
HEALTH BEHAVIORS AND REDUCE OBESITY.
Section 399Y of the Public Health Service Act (42 U.S.C.
280h-92) is amended--
[[Page S7537]]
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Report.--The Secretary shall evaluate the
effectiveness of the campaign described in subsection (a) in
changing children's behaviors and reducing obesity and shall
report such results to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives.''.
Mr. WYDEN. Mr. President, across this country, on couches in front of
televisions and video game consoles, a silent killer called obesity is
stalking America's youngsters--in epidemic numbers. Today, Senator
Frist and I are introducing a bipartisan bill, ``The Childhood Obesity
Reduction Act'', to jump-start a nationwide, community-based campaign
against this menace and help our children grow up healthy.
In my home State of Oregon, obesity may well become the number-two
killer of our citizens--after tobacco, also the number-one killer
nationally. According to the Oregon Department of Human Services, fully
22 percent of the adults in Oregon are obese and 60 percent are
overweight. Even more tragic, and why we are here today, is that U.S.
Centers for Disease Control and Prevention (CDC) says at least 31
percent of low income children between two and five years of age in
Oregon are overweight or at risk of becoming overweight. A lot of those
overweight kids are going to become overweight and obese adults if we
just sit on our hands today. Our children are beginning to show signs
of devastating diseases that will only lead to a life-long illnesses
and increased health care costs. And no statistic can measure the
emotional toll that illness takes on a child, their families and others
who love them.
The Frist-Wyden legislation, ``The Childhood Obesity Reduction Act'',
will work to turn the tide against childhood obesity in two ways.
First, it will give teachers, parents and other community leaders a
one-stop shop to fight obesity. The Congressional council created by
this bill will launch a comprehensive website to help everyone from
Physical Education teachers to scout leaders learn what's working in
schools and public-private programs. It will also offer information
about how to connect with those successful programs and how to adapt
them in their own schools.
For example, when a teacher wants to see what can be done to help
kids get 30 minutes of activity, something that studies have shown
helps to combat childhood obesity, that teacher could go to the website
and see what others in a similar situation have done. They would be
able to see there are partners like Nike who are willing to step up to
the plate and help with programs. But that teacher might also see that
physical activity is only one part of the solution and they might find
ways to bring in the nutritional aspect as well through other programs
that have already proven successful.
The website will also offer help in establishing goals for cutting
childhood obesity at that school or in that community--and all these
plans will have been evaluated by outside experts for their
effectiveness.
Second, after two years, the Congressional council turns the work
over to a brand-new foundation. The foundation will keep the one-stop
website up and running. But at the same time, they'll be able to raise
money, and use it to reward programs that work and fund programs that
are sorely needed where childhood obesity threatens most.
Here's an example of how the second component of our bill would work:
say an urban school wants to work on getting kids to choose vegetables
instead of French fries. When they visit the Web site, they may find a
successful program about actually growing fresh vegetables--so they
don't think vegetables just come from a freezer or a can. The
Foundation will have the wherewithal to do more than just share that
information--they may be able to provide the seed money, literally, for
a school garden that will grow fresh produce, and change the way those
children look at food.
It is not realistic to think that children won't be in a situation
where unhealthy choices for foods and snacks are available. The goal
ought to be to help them know what the healthy choices are, how to
balance what they eat and drink and to know that they need exercise.
And the Foundation can keep pursuing those goals for the long term.
I believe that our bipartisan bill is significant for two reasons.
First, it emphasizes both sides of the equation--the need for proper
nutrition and the need for physical activity. Second, it and because it
will create an immediate, one-stop resource, in the form of a Web site,
about what we know is working now so that individuals can begin to
mobilize their communities and help their children. These are also
important steps in assisting our children to become healthy adults.
All of us have the same, simple goal here: getting America's children
healthy. There are a lot of folks competing for our kids' attention in
this arena. A lot of the competition is pretty attractive: food that's
not so nutritious but sure tastes good, and video games that don't burn
any calories but can occupy you for an entire afternoon. It's tough for
kids to make good choices on their own. That's why it's time to
mobilize this nation--and particularly this Congress, by way of
legislation--to beat the epidemic of obesity plaguing our children.
Mrs. CLINTON. Mr. President, I am proud to reintroduce the Improved
Nutrition and Physical Activity Act or the IMPACT Act today with my
colleagues Senators Frist, Bingaman, and Dodd. This legislation would
take several important steps toward promoting healthy eating and
physical activity and combating obesity and eating disorders. Eating
disorders and obesity have become serious and 2 growing public health
concerns in our country. Childhood obesity has emerged as an important
issue in the public, as we have seen a significant increase in the
number of Americans who are overweight or obese. Today, more than 15
percent of children and adolescents are considered seriously
overweight. We know that obesity and the lack of exercise are directly
linked with a broad array of health problems, including heart disease,
high blood pressure, diabetes, arthritis-related disabilities,
depression and some cancers.
In New York State alone, almost 60 percent of adults are overweight
or obese, while 43 percent of the children in New York City's public
elementary schools are overweight and a quarter qualify as obese. Obese
adults incur significantly higher annual medical expenditures than
those of normal weight adults. The cost now rivals that attributable to
smoking. I believe that while nutrition education is one part of the
solution to the obesity problem facing our youth, it is not enough to
simply say that childhood obesity is caused by eating too much junk
food. Instead, we must be aware of the complex environmental, genetic,
and behavioral factors that have influenced the epidemic.
Included among the factors that affect children's eating habits and
activity levels are increased hours in front of the TV or computer,
working parents spending more hours at the office trying to make ends
meet, deteriorating healthfulness or foods available in schools,
reduced access to recess and physical education in schools, changes in
the physical design of neighborhoods and communities, and low self
esteem. And sadly, as the number of people battling obesity has
increased, eating disorders have also reached epidemic proportions in
the United States. It is estimated that between 8 and 10 million people
experience an eating disorder, with millions of new cases being
diagnosed each year. Eating disorders do not discriminate--they affect
men and women or all ages, racial and ethnic backgrounds, socioeconomic
classes, and religions.
Eating disorders are linked to a variety of health problems including
heart failure, kidney failure, osteoporosis, gastric ruptures, and
death. Eating disorders are also often associated with a variety of
mental health problems including depression, substance abuse, and
suicide. The age of onset for these disorders is getting younger and
younger. According to the Center for Mental Health Services, 90 percent
of those who have an eating disorder are women between the ages of 12
and 25.
Research indicates that 50 percent of females between the ages of 11
and 13 see themselves as overweight, and by the age of 13, eighty
percent have attempted to lose weight. We know that the most common
behavior that will lead to an eating disorder is dieting. In fact, 51
percent of 9 and 10 year old
[[Page S7538]]
girls report feeling better about themselves when they are on a diet.
It is estimated that currently as many as 17 percent of high school
students have been diagnosed with an eating disorder. Our youth today
are striving to reach an unrealistic body ideal. Fears of falling short
of this ideal are leading to dire consequences. That is why I am proud
to co-sponsor of the IMPACT Act.
This legislation would take several important steps toward promoting
healthy eating and physical activity to combat obesity and eating
disorders. This legislation addresses the growing public health
problems of increasing rates of obesity and eating disorders by:
training students and health professionals to diagnose, treat and
prevent obesity, overweight, and eating disorders; funding
demonstration programs that promote healthy eating behaviors and
physical activity to prevent eating disorders, obesity and being
overweight, and related serious and chronic medical conditions;
directing the Center for Disease Control to collect information
regarding fitness levels and energy expenditure among children;
authorizing the Director of the Agency for Healthcare Research and
Quality to review all research carried out under this act and include
such information, where it is relevant, in its health disparities
report; allowing states to use their Preventive Services Block Grant
money to address and prevent overweight, obesity, and eating disorders;
mandating a report on obesity and eating disorders research;
authorizing a report on the effectiveness of a National Public
Education Campaign on changing children's behaviors and reducing
obesity.
Each of these steps is needed to address our country's growing
problems of obesity and eating disorders. Any comprehensive approach to
promote healthy lifestyles and prevent disordered eating in our youth
must be multifaceted. It must include education about nutrition and
physical activity, and most importantly, it must encourage open
communication about body image and self esteem. Such an effort will
require the leadership and resources of healthcare providers, local
communities, advocacy organizations, parents and families, and schools.
It is time that we promote and celebrate healthy bodies and healthy
lifestyles regardless of size, weight indexes, or arbitrary numbers on
a scale. This is a delicate task and we must make sure not to let an
unhealthy emphasis on thinness jeopardize the health of our children. I
look forward to working with all of my Senate colleagues to promote
healthy lifestyles across the lifespan.
____________________